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2010-12-07 City Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota December 7, 2010 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. Meg Katzman of Oakbrooke Terrace discussed her concern regarding heavy traffic near Blackhawk and Deerwood Schools during student drop-off and pick-up periods. It was suggested that Ms. Katzman discuss her concerns with the schools in an effort to inform the parents of the neighborhood traffic concerns. Staff was also directed to investigate if any previous traffic control measures had been taken in that area. A regular meeting of the Eagan City Council was held on Thursday, December 7, 2010 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, Public Works Director Colbert, Administrative Services Director Gene VanOverbeke, Director of Communications Tom Garrison, City Attorney Michael Dougherty, and Administrative Secretary / Deputy Clerk, Mira Broyles. AGENDA Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the November 16, 2010 Regular City Council meeting and the November 9, 2010 Special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Seasonal Employees in Parks and Recreation: Alexander Lenartz, Annalise Peck, Ellen Sahli and Nathan Schammel, all as Building Attendant I. C. It was recommended to ratify check registers dated November 10, 2010, November 18, 2010 and November 26, 2010 as presented. D. It was recommended to receive bids and approve a resolution awarding the sale of $415,000 in General Obligation Equipment Certificates of Indebtedness. E. It was recommended to approve the proposed 2011 Enterprise Fund budgets for Public Utilities (Water, Sanitary Sewer, Street Lighting, and Storm Drainage / Water Quality), Cascade Bay and the Community Center. F. It was recommended to approve the 2011 Special Revenue Funds Budgets: Housing Fund, DWI Forfeiture Fund, Minnesota Investment Fund (MIF) Revolving Loan Fund, Cable TV Frnachise Fees Fund, and E-TV Fund. G. It was recommended to approve the 2011 Eagan Convention & Visitors Bureau (ECVB) budget adopted by the ECVB’s Board. H. It was recommended to approve change orders for Fire Safety Center. I. It was recommended to adopt a Resolution approving an Exempt Permit for Eagan High School Boys Lacrosse Booster Club to hold a raffle on March 14, 2011 at the Eagan High School. J. It was recommended to approve the renewals of existing liquor licenses for 2011. City Council Minutes December 7, 2010 Page 2 K. It was recommended to approve the On-Sale Wine and 3.2 Percent Malt Liquor (Beer) license for Andiamo Italian Ristorante, Inc., dba Andiamo Italian Ristorante, 1629 Lena Court. L. It was recommended to approve renewal of existing tobacco licenses for 2011. M. It was recommended to approve renewals of existing trash hauler licenses for 2011. N. It was recommended to approve renewal of existing tree contractor licenses for 2011. O. It was recommended to approve renewal of existing kennel and pet shop licenses for 2011. P. It was recommended to approve renewal of carrier / homing / racing pigion license for Eric Drenckhahn, 2811 Pilot Knob Road. Q. It was recommended to approve a conduit space license agreement with Arvig Enterprises for 20 years, subject to all terms and conditions of the agreement. R. Item Removed. S. It was recommended to approve the program the program budget for inclusion in the City’s FY 2011 Community Development Block Grant (CDBG) Application and adopt a Resolution approving the funding application requisition. T. Item Removed. U. It was recommended to adopt a resolution authorizing the submittal of a CDA Redevelopment Incentive Grant (RIG) program application for demolition and improvement activities in the Cedar Grove Redevelopment District. V. It was recommended to authorize a Request for an Amendment to the 2010 CDA RIG fund allocation for other eligible expenses. W. It was recommended to direct staff to prepare an ordinance amendment to City Code Chapter 11 relative to the outdoor storage of vehicles in commercial and industrial districts. X. It was recommended to receive the Draft Feasibility Report for Project 1021, (Park Knoll Addition – Street Improvements) and schedule a public hearing to be held on January 4, 2011. Y. It was recommended to receive the Draft Feasibility Report for Project 1039, (Wilderness Ponds Addition – Street Improvements) and schedule a public hearing to be held on January 4, 2011. Z. It was recommended to receive the Draft Feasibility Report for Project 1040, (Fairway Hills Addition – Street Improvements) and schedule a public hearing to be held on January 4, 2011. AA. It was recommended to receive the Draft Feasibility Report for Project 1045, (Galaxie / Cliff Addition / Plaza Drive – Street Improvements) and schedule a public hearing to be held on January 4, 2011. BB. It was recommended to approve an Easement Agreement for Project 971 (Duckwood Drive – Bridge and Street Improvements) with the owner of Parcel No. 10-87450-010-01 and authorize the Mayor and City Clerk to execute all related documents. CC. It was recommended to approve the final payment for Contract 10-09 (Cliff Road Trunk Water Main) in the amount of $76,621.12 to Ryan Contracting, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. DD. It was recommended to approve Change Order No. 2 to Contract 09-04 (Fish Lake Alum Dosing and Settling Basin – Water Quality Improvements) and authorize the Mayor and City Clerk to execute all related documents. EE. It was recommended to delay Project 1047 (Johnny Cake Ridge Road – Cliff Road to Apple Valley border – Street Improvements) to the 2012 construction season. FF. It was recommended to approve Change Order #1 to Contract 10-10 (South Water Treatment Plant) and authorize the Mayor and City Clerk to execute all related documents. GG. It was recommended to approve the retention of KLM, Inc. as the Consulting Engineer, authorize the preparation of Plans and Specs for Contract 11-03, Deerwood Reservoir (Repainting) and authorize the Mayor and City Clerk to execute all related documents. HH. It was recommended to accept a grant of $3,200 from the Metropolitan Regional Arts Council for art exhibit supplies and equipment for the Eagan Community Center and Eagan Municipal Center and authorize the change to the 2010 budget. II. It was recommended to declare a hand operated corded ice edger at the Eagan Civic Arena as surplus property. JJ. It was recommended to approve Change Order #1 to Contract 10-18, Civic Arena West Training Space in the amount of $12,102. City Council Minutes December 7, 2010 Page 3 PUBLIC HEARINGS PROPOSED 2011 BUDGET AND PROPERTY TAX LEVY City Administrator Hedges and Administrative Services Director VanOverbeke reviewed the proposed 2011 budget and property tax levy. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to close the public hearing, approve the General Fund budget of $27,687,900 and approve a resolution adopting the final 2011 levy of $28,247,111. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion approve the 2011 Cedarvale Special Services District levy and budget. Aye: 5 Nay: 0 OLD BUSINESS CONSIDERATION OF REQUEST TO MODIFY COVENANTS – HAWTHORNE RIDGE City Administrator Hedges discussed the background of this item regarding requested modifications to the covenant restrictions for the Hawthorne Ridge strip center located at 525 Diffley Road. City Planner Ridley noted that written notice had been provided to neighboring property owners within 350 feet of the site. The owners of Cuqui’s Café spoke in regard to plans for their restaurant and proposed exhaust systems. Three area residents expressed their concerns regarding the changes to the covenants. One couple spoke in favor of the change. The owner of Black Diamond Wine and Spirits stated a full service restaurant in the strip center would be beneficial to his business. A representative of Excel Development noted the benefit the strip center has been to the community in regard to taxes, jobs, etc. The Council held a discussion which included the definition of a Class I restaurant. The original intent of the restrictive covenants and desires of the surrounding property owners were also discussed. Mayor Maguire moved, Councilmember Tilley seconded a motion to direct no further action on this request. Aye: 5 Nay: 0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT – LEEANN CHIN (LEEANN CHIN, INC.) City Administrator Hedges introduced this item regarding a Planned Development Amendment to add drive-through service to the existing Class II restaurant located at 2071 Cliff Road. City Planner Ridley gave a staff report. City Council Minutes December 7, 2010 Page 4 The applicant discussed the proposed drive through service. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to add drive-through service to the existing Class II restaurant located at th 2071 Cliff Road, legally described as Lot 2, Block 1, Park Center 4 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 within 90 days of approval. Proof of recording shall be provided to the City. 2. This Amendment is intended to supplement and amend the existing Planned Development Agreements. All other conditions in the Development Agreement remain in effect and the Property is subject to the terms and conditions of the Development Agreement, as amended by this Amendment. 3. Menu board and directional signage shall be installed according to the submitted sign plans, and only the numbers and size specified shall be allowed. 4. A new pedestrian connection shall be made between the site and the existing trail along Cliff Road as shown on the Site Plan. The owner is responsible for obtaining any necessary permits from Dakota County prior to commencing this work. 5. Two-way traffic shall be maintained between the two buildings. 6. The median separating the drive-through lane from the shared drive aisle between the two buildings shall be widened to a 5’ median and landscaping installed within the median. REZONING – CITY OF EAGAN City Administrator Hedges introduced this item regarding a rezoning from Planned Development (PD) to Residential Single Family (R-1) for three vacant parcels located at the southwest intersection of Lexington Avenue and Wescott Road. City Planner Ridley gave a staff report. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a rezoning from Planned Development (PD) to Residential Single Family (R-1) for three vacant parcels located at the southwest intersection of Lexington Avenue and Wescott Road, legally described as Lots 3-5, nd Block 2, Westbury 2 Addition. Aye: 5 Nay: 0 The regular City Council meeting was recessed at 9:22 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 9:27 p.m. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. ADMINISTRATIVE AGENDA Item 1. City Administrator Hedges discussed the 2011 liquor license renewals, requesting Council to authorize the City Clerk to issue the pending renewals upon the licensee’s submission of documents and fees. Councilmember Fields moved, Councilmember Bakken seconded a motion to direct the City Clerk to issue 2011 liquor license renewals upon licensee’s submission of renewal documents and fees. Aye: 5 Nay: 0 City Council Minutes December 7, 2010 Page 5 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Bakken moved, Councilmember Fields seconded a motion to adjourn the meeting at 9:30 p.m. Aye: 5 Nay: 0 ____________________ Date __________________________________ Mike Maguire, Mayor __________________________________ Mira Broyles, Deputy City Clerk