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10/06/2009 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota October 6, 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. Bill Droste, Rosemount Mayor, presented the traveling trophy for the Northern Star Award trap shooting contest. A regular meeting of the Eagan City Council was held on Tuesday, October 6, 2009 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Tilley, Bakken, Fields and Hansen. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that an item is being added under Recognitions and two items are being added to the consent agenda as items BB and CC. He also noted that a closed session would be held regarding the Lennar settlement, and the Nelson, Shaddock and Foss assessment. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS Rosemount Mayor Bill Droste, who attended the Listening Session to present the traveling trophy to Eagan for the Northern Star Award trap shooting contest was acknowledged. CONSENT AGENDA Councilmember Bakken 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 September 15, 2009 regular City Council meeting, the August 11, 2009 Special City Council meeting, the September 8, 2009 Special City Council meeting, and the September 22, 2009 Special City Council Retreat as presented. B. Personnel Items. 1. It was recommended to accept the letter of resignation from Matthew Mack, Manager-on-Duty at the Community Center. 2. It was recommended to formally discontinue consideration of the Voluntary Early Retirement/Separation Package/Program. C. It was recommended to ratify check registers dated September 10, 2009, September 17, 2009 and September 24, 2009 as presented. D. It was recommended to set a public hearing for November 5, 2009 to consider the final assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. E. It was recommended to set a public hearing for November 5, 2009 to consider the final assessment of the delinquent weed cutting bills and certify them to Dakota County for collection with property taxes. F. It was recommended to set a public hearing for November 5, 2009 to consider the final assessment of the delinquent board up bill and certify it to Dakota County for collection with property taxes. G. It was recommended to set a public hearing for November 5, 2009 to consider the final assessment of the delinquent refuse removal bills and certify them to Dakota County for collection with property taxes. H. It was recommended to set a public hearing for November 5, 2009 to consider the final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. City Council Minutes October 6, 2009 Page 2 I. It was recommended to approve a change in management on the on-sale liquor license for Granite City Food & Brewery located at 3330 Pilot Knob Road. J. It was recommended to approve the City’s partnership with Argosy University to host the 2010 Sustainability in Business Conference and waive the conference room rental fee for the use of the Eagan Community Center on January 8-9, 2010. 09-24 K. It was recommended to approve a resolution requesting distribution of Eagan share of DCC undesignated fund balance by check. L. It was recommended to make a determination that no action is necessary on a resolution to discontinue the Southeast Eagan TIF District. M. It was recommended to approve the final payment for Contract 09-01 (Citywide – Street Overlays) in the amount of $136,225.85 to Bituminous Roadways, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. N. It was recommended to approve the final payment for Contract 09-02 (Citywide – Street Overlays) in the amount of $59,736.65 to Bituminous Roadways, Inc., and accept the improvements for perpetual city maintenance subject to warranty provisions. O. It was recommended to receive the Final Assessment Roll for Project 974 (Federal Drive / st Washington Drive / 81 Street – Street Improvements) and schedule a pubic hearing to be held on November 5, 2009. P. It was recommended to receive the Final Assessment Roll for Project 975 (Marice Drive / Sherman Court – Street Improvements) and schedule a public hearing to be held on November 5, 2009. Q. It was recommended to receive the Final Assessment Roll for Project 1006 (knoll Ridge Drive – Street Improvements) and schedule a public hearing to be held on November 5, 2009. R. It was recommended to receive the Duckwood Drive Overpass Traffic Study including recommended geometric layout; and, Authorize solicitation of proposals to prepare detailed plans and specifications for Contract 09-18 (Duckwood Drive / Federal Drive – Bridge/Street Improvement); and approve Federal Funding Agreement for final design services and authorize the Mayor and City Clerk to execute all related documents. S. It was recommended to approve plans and specifications for Contract 09-20 (Fire Safety Campus – Site Grading and Utility Improvements) and authorize the use of best-value solicitation of bids, as allowed by State statutes, for the advertisement of a bid opening to be held at 10:30 a.m. on Friday, October 30, 2009. T. It was recommended to award Contract 09-19 (Rain Gardens – Curb Cut / Inlet Improvements) to Bituminous Roadways, Inc., for a total amount of $31,295.00 and authorize the Mayor and City Clerk to execute all related documents. U. It was recommended to award Contract 09-21 (Fish Lake and Thomas Lake – Sediment Removal / Water Quality Improvements) to Valley Rich, Inc., for a total amount of $35,000.00 and authorize the Mayor and City Clerk to execute all related documents. V. It was recommended to receive the petition to vacate public drainage and utility easements within Eagandale Center Industrial Park No. 16 and Dart Transit Company Addition and schedule a public hearing to be held on November 2, 2009. W. It was recommended to approve a Final Plat to create one lot, Lot 1, Block 1, Hidden Horse Stables Addition, on approximately 5 acres located at 4085 Lexington Avenue South. X. It was recommended to approve an address change for Body Art Establishment License for Joseph Christensen to operate a body art establishment at 3390 Coachman Road, Suite 21 rather than 1960 Cliff Lake Road. Y. It was recommended to approve the amendment to the original tower lease termination agreement with Pinnacle Properties to provide for a 30-day extension. Z. It was recommended to award Contract 09-14 (Rain Gardens – Schwanz Lake Drainage Improvements) to Earth Wizards, Inc. for a total amount of $60,347.16 and authorize the Mayor and City Clerk to execute all related documents. AA. It was recommended to award Contract 09-07 (Phase II, Storm Water Management Plan – Storm Sewer Improvements) to Quiring Excavating, LLC, for the base bid for a total amount of $84,088.25. BB. It was recommended to approve a change in date for the first regular City Council meeting in November from Tuesday, November 2, 2009 to Thursday, November 5, 2009. City Council Minutes October 6, 2009 Page 3 CC. It was recommended to approve the settlement agreement and mutual release between Comcast Corporation and the City of Eagan. PUBLIC HEARINGS PROJECT 982, ST. FRANCIS WOODS ADDITION STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Project 982, St. Francis Woods Addition street overlay improvements. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing and approve the Final Assessment Roll for Project 982 (St. Francis Woods Addition – Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 1002, PINECREST OF EAGAN ADDITION STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Project 1002, Pinecrest of Eagan Addition street overlay improvements. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to close the public hearing and approve the final assessment roll for Project 1002 (Pinecrest of Eagan Addition – Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 973, WINDTREE ADDITION STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Project 973, Windtree Addition, street overlay improvements. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the final assessment roll for Project 973 (Windtree Addition – Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 City Council Minutes October 6, 2009 Page 4 PROJECT 980, HAMPTON HEIGHTS / STONEY POINT / BLACKHAWK GLEN ADDITION STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Project 980, Hampton Heights / Stoney Point / Blackhawk Glen Addition – street overlay improvements. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the final assessment roll for Project 980 (Hampton Heights / Stoney Point / Blackhawk Glen Addition – Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 1000, GRACE DRIVE STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Project 1000, Grace Drive street overlay improvements. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Final Assessment Roll for Project 1000 (Grace Drive – Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 1003, BLUE GENTIAN ROAD STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Project 1003 (Blue Gentian Road – street overlay improvements. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the final assessment roll for Project 1003 (Blue Gentian Road – Street Overlay Improvements and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 OLD BUSINESS There were no Old Business items. NEW BUSINESS LIQUOR LICENSE REVOCATION HEARING It was noted that requirements have been met in regard to the liquor license in question. City Council Minutes October 6, 2009 Page 5 Councilmember Fields moved, Councilmember Tilley seconded a motion to remove the liquor license revocation hearing for MT Liquory of Eagan from the agenda. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT – SCHAD TRACY SIGNS City Administrator Hedges introduced this item regarding a request for a conditional use permit to permit a pylon sign on property located at 1570 Yankee Doodle Road. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to permit a pylon sign upon property located at 1570 Yankee Doodle Road, legally described as nd Lot 1, Block 1, Oak Hills Church 2 Addition, subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval by the City Council. 2. An administrative sign Permit shall be obtained from the City prior to installation of the pylon sign. 3. The pylon sign shall be setback a minimum of 10 feet from all property lines and be located outside of easement areas. 4. The pylon sign shall be located as indicated on the site plan dated August 28, 2009. 5. The pylon sign shall not exceed the dimensions as indicated on the sign exhibit dated August 29, 2009. 6. The pylon sign shall comply with all Sign Code requirements; including the message changing no more than once every twenty minutes. 7. The existing monument sign shall be removed upon installation of the pylon sign. 8. Address identification numbers mounted on the building shall comply with current standards per Section 2.78 of the City Code. CONDITIONAL USE PERMIT AND FINAL PLAT (HEDDEN EAST) HEDDEN ST. PAUL PROPERTIES City Administrator Hedges introduced this item regarding a final plat (Hedden East) to create one lot on approximately 2.3 acres and a request for a conditional use permit for the outdoor storage of up to 21 vehicles, located at 3205 Mike Collins Drive. City Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Final Plat (Hedden East) to create one lot on approximately 2.3 acres located at 3205 Mike Collins Drive. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit for the outdoor storage of up to 21 vehicles for property located at 3205 Mike Collins Drive, legally described as Lots 17-19, Block 3, Eagandale Center Industrial Park No. 4, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The applicant shall submit a revised Site Plan with the required, existing and proposed parking counts and identify the proposed parking stalls to be 10 x 19 feet in accordance with City zoning ordinances. Additionally the site plan shall identify the proposed proof-of-parking location. 3. If after review by the City, it is decided that additional parking is needed due to extensive on- street parking, additional on-site parking must be provided within one year of notice to the applicant or its successors or assigns. 4. Fencing shall be provided to screen the outdoor storage from pubic right-of-way per the site paln received September 1, 2009. City Council Minutes October 6, 2009 Page 6 5. The outdoor storage shall be limited to vans, pickups and cars, and storage shall occur in the designated parking areas as indicated on the Site Plan received September 1, 2009. 6. The applicant shall plat and record the properties under common ownership by February 1, 2010. 7. The applicant shall enclose the trash and/or recycling containers in an enclosure that meets City Code requirements no later than May 1, 2010. INTERIM USE PERMIT – NORTHWOOD EQUITY LLC City Administrator Hedges introduced this item regarding an interim use permit to allow outdoor storage of 37 vehicles (buses, vans and bloodmobiles) on property located at 3265 Northwood Circle. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an Interim Use Permit to allow outdoor storage of 37 vehicles (buses, vans and bloodmobiles) located at 3265 Northwood Circle, Lot 1, Block 1, Northwood Business Park 3rd Addition, subject to the following conditions: Aye: 5 Nay: 0 1. The Interim Use Permit (IUP) shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The permit shall terminate in six years (August 31, 2015) and this IUP shall supersede the current IUP in place. 3. The Interim Use Permit shall be subject to administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. The outdoor storage shall occur in the designated storage areas as indicated on the Site Plan received September 3, 2009. 5. Storage is permitted for four blood mobiles that are 40 feet in length, twelve cut-away vans and sixteen mobile vans that are 24 feet in length for outdoor storage associated with this IUP. 6. Storage is also permitted for four buses that are 25 feet in length and one van for outdoor storage associated with this IUP. ORDINANCE AMENDMENT City Administrator Hedges discussed a proposed amendment to the City Code, Chapter 6.39 regarding massage therapy licensing. He noted that the change is a result of a recent revision to Minnesota State Statute 471.709 which prohibits municipalities from requiring massage therapists to be licensed if they are employed by a medical professional. Councilmember Hansen moved, Councilmember Tilley seconded a motion to adopt an ordinance amendment to Eagan City Code Chapter 6 entitled “Other Business Regulation and Licensing by amending Section 6.39 regarding massage therapy licensing. Aye: 4 Nay: 1 Councilmember Bakken opposed. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. ADMINISTRATIVE AGENDA There were no items requiring action. City Council Minutes October 6, 2009 Page 7 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Bakken seconded a motion to adjourn into a closed session at 7:15 p.m. ____________________ _________________________________ Date Administrative Secretary / Deputy Clerk