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08/03/2009 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota August 3, 2009 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Tilley, Bakken and Hansen. Richard Schwein representing Jerry’s Garden Center discussed the garden vendors that are allowed to set up temporary sales operations in local business parking lots. He stated that his business has suffered due to these vendors and felt it was unfair for the City to allow them to operate because they do not pay city taxes. Mayor Maguire explained that the City Code allows such operations within the City and that the actual property owners pay taxes. A regular meeting of the Eagan City Council was held on Tuesday, August 4, 2009 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Tilley, Bakken and Hansen. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, City Engineer Russ Matthys, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Pepper. RECOGNITIONS There were no recognitions or presentations. AGENDA City Administrator Hedges noted an item regarding a special Council meeting has been added to the Consent Agenda. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 CONSENT AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the July 21, 2009 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Gary Royal as an overnight custodian at the Community Center. 2. It was recommended to approve the rehiring of Jeff Munsterteiger and Tom Miklya as Property Maintenance / Code Enforcement Technicians. 3. It was recommended to approve the Voluntary Early Retirement/Separation Program and to authorize its implementation. C. It was recommended to ratify check registers dated July 23, 2009 as presented. D. It was recommended to adopt proclamation recognizing August 4, 2009 as “National Night Out” in 09-17 Eagan. E. It was recommended to approve a license to sell tobacco products for Richard Sood, at Fastrip Market, 3391 Coachman Road. F. It was recommended to approve a license for Joseph Christensen to operate a body art establishment at 1960 Cliff Lake Road. G. It was recommended to authorize staff to enter into an agreement with the Harris Companies to conduct an energy audit of the Civic Arena as it pertains to geothermal heating, and to prepare a Federal Recovery Act Geothermal Technologies Program – Ground Source Heat Pumps application on behalf of the City. City Council Minutes August 3, 2009 Page 2 H. It was recommended to approve a temporary on-sale liquor license for Faithful Shepherd Catholic School and waive the $150.00 license fee. I. It was recommended to approve a sound amplification permit, and waive the fee, for Faithful Shepherd for an outdoor event with electronic sound system/audio equipment use after 10:00 p.m. to be held on September 19, 2009 at 3355 Columbia Drive. J. It was recommended to approve a resolution to temporarily extend the licensed premises of 09-18 Cedarvale Bowl, Inc., dba Cedarvale Lanes/Fitz’s Bar & Grill located at 3883 Cedar Grove Parkway. K. It was recommended to approve a sound amplification permit for Cedarvale Bowl for an outdoor event with electronic sound system/audio equipment use after 10 p.m. to be held at 3883 Cedar Grove Parkway L. It was recommended to declare bicycles and unclaimed property to be surplus. M. It was recommended to adopt a resolution authorizing the issuance of $525,000 in General Obligation 09-19 Equipment Certificates of Indebtedness on August 18. N. It was recommended to approve an application for transfer of federally forfeited property. O. It was recommended to approve a Final Plat (Eagan Substation) to create one lot upon 0.63 acres located east of Lexington Avenue and north of Diffley Road opposite Daniel Drive, subject to approval of the Environmental Assessment. It was recommended to approve an Environmental Assessment addressing the improvements to the Eagan Substation Plat and all related improvements to the electrical transmission system. P. It was recommended to authorize preparation of Plans and Specifications for Contract 09-07 (Phase II Implementation of 2007 Stormwater Management Plan – City-Wide Storm Sewer Improvements). Q. It was recommended to receive the draft feasibility report for Project 1005 Daniel Drive – Sidewalk Improvements) and schedule a public hearing to be held on September 1, 2009. R. It was recommended to approve the final payment for Contract 09-17 (2009 Citywide Street Sealcoat Improvements) in the amount of $232,634.44 to Pearson Brothers, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. S. It was recommended to approve Plans and Specifications and Authorize Advertisement of Bids for Contract 09-06 (Wandering Walk Park). T. It was recommended to receive the draft feasibility report for Project 1016 (Ames Crossing Road – Street and Utility Improvements) and schedule a public hearing to be held on September 1, 2009. U. It was recommended to adopt a resolution officially delegating decision authority to the Water 09-20 Resources Coordinator for exemption, no loss, wetland boundary and type, and sequencing determinations in accordance with Wetland Conservation Act Rules. V. It was recommended to approve a license to sell tobacco products for Richa and Anuj Kohli, Go For It Gas, 4206 Nicols Road. W. It was recommended to schedule a special Council workshop for September 22, 2009. PUBLIC HEARINGS There were no public hearings. OLD BUSINESS There were no old business items. NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT – MARINKOVIC HOLDINGS, LLC City Administrator Hedges introduced this item regarding a planned development amendment to change the retail use to office in the two-story building located at 1250 Yankee Doodle Road. City Planner Ridley gave a staff report. The applicant was present to answer questions. City Council Minutes August 3, 2009 Page 3 Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to change the retail use to office in the two-story building located at 1250 Yankee Doodle Road legally described as Lot 1, Block 1, Town Centre 100 Tenth Addition, subject to the following conditions: Aye: 5 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder’s office and proof of recording shall be provided to the City. The following exhibits are required for the PD Amendment Agreement:  Site Plan  Building Elevations 2. A sign permit is required prior to installation of any signs, and all signs are subject to the requirements of the City Code. PLANNED DEVELOPMENT AMENDMENT – BOULDER LAKES City Administrator Hedges introduced this item regarding a planned development amendment to allow a parking lot of 250 stalls as the principal use on property located at 505 Shanahan Way. City Planner Ridley gave a staff report. MattMiller, Interstate Partners, questioned condition number 9 regarding trail dedication. City Planner Ridley responded. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to extend the term of the agreement for 10 years, to 2019 on property located at 505 Shanahan Way. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to allow a parking lot of 250 stalls as the principal use on property located at 505 Shanahan Way, subject to the following conditions: Aye: 5 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder’s office. 2. This Amendment is intended to supplement and amend the existing Planned Development Agreement. All other conditions and provisions of the existing Planned Development Agreement shall remain in full force and effect. 3. Parking setbacks shall be provided in accordance with the City’s zoning code. 4. Parking stalls shall be a minimum of 9 feet in width and 18 feet in depth. 5. The parking pad shall be constructed as shown on the Site Plan received June 16, 2009. 6. A detailed Landscape Plan shall be submitted prior to the receipt of a Grading Permit, overlaid on the grading plan and including a landscape schedule, planting specifications and notes, automatic irrigation and signature of a certified landscape architect. 7. A site lighting plan shall be submitted prior to the receipt of a Grading Permit. Lighting fixtures shall be consistent throughout the development. Minimum light levels of 0.5 footcandles shall be provided in all parking lot areas, and light levels shall not exceed one footcandle at the property line. Average to minimum ratios within the parking lot shall not be greater than 4:1. 8. The applicant shall receive a Grading Permit prior to the commencement of any parking lot grading activates. 9. The future park and trail dedications for the development(s) shall be satisfied through a cash dedication, the method and timing of the calculation to be determined through consultation with staff. (payable at the time of building permit at the rates then in effect). 10. The applicant shall provide a parking easement/declaration between Lots 1 and 2, Block 1, Boulder Lakes for review and approval by the City Attorney. City Council Minutes August 3, 2009 Page 4 11. No building permit for Lot 2, Block 1 (Building 4) shall be issued until the parking rights granted to Lot 1, Block 1 (building 3) are extinguished or the developer submits a plan to the satisfaction of the City that it has provided adequate parking for Lot 1. 2010 CIVIC ARENA BUDGET, 2009-10 SEASON RATES, AND PURCHASE OF 2010 CAPITAL OUTLAY ITEMS City Administrator Hedges discussed the 2010 Civic Arena Budget, the 2009 - 2010 season rates and the purchase of 2010 capital outlay items. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve the 2010 Civic Arena budget, including 2009-10 season rates Councilmember Fields moved, Councilmember Tilley seconded a motion to authorize purchase of 2010 capital outlay items in 2009. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. The regular City Council meeting was recessed at 7:10 p.m. to immediately convene a meeting of the Economic Development Authority. The regular meeting was reconvened at 7:20 p.m. ADMINISTRATIVE AGENDA There were no items requiring action. VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 7:25 p.m. ____________________ _________________________________ Date Administrative Secretary / Deputy Clerk