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01/02/2007 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota January 2, 2006 A listening session was held on January 2, 2007 at 6:00 p.m. in the Eagan Room of the Municipal Center. Present were Mayor Maguire, Councilmembers Carlson, Fields, Tilley and Bakken. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on January 2, 2007 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Tilley, Carlson, and Bakken. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom Colbert, Assistant City Engineer John Gorder; City Planner Mike Ridley, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS OATHS OF OFFICE The Oath of Office for Mayor was administered to Mike Maguire by former Mayor Pat Geagan. The Oath of Office for Councilmembers Peggy Carlson and Paul Bakken was administered by Mayor Maguire. CONSENT AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the consent agenda as presented. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the December 19, 2006 regular City Council meeting and the December 11, 2006 Special City Council meeting as presented . B. Personnel Items. 1. It was recommended to approve the hiring of Margaret Fleck as a Clerical Tech IV in Community Development. 2. It was recommended to accept the letter of resignation from Mike Bauer, Operations Supervisor at the Campus Facilities. C. Check Registers. It was recommended to ratify the check registers dated December 21, 2006 and December 28, 2006 as presented. D. Parks and Recreation Fees. It was recommended to approve fees for the Disc Golf Course and an Adult League Play Protest. E. Water Utility Enterprise Budget. It was recommended to approve an adjustment to the approved 2007 Water Utility Enterprise Budget and related Fee Schedule amendment. F. Fee Schedule Amendment. It was recommended to amend the 2007 Fee Schedule to reduce the mechanical permit fee for modifications or alterations from $90.00 to $50.00. 07-01 G. Donation. It was recommended to approve a resolution accepting a donation from the Eagan Lions Club and Landmark Creations of Burnsville of a Fire Department Rehabilitation Tent. H. Donation. It was recommended to accept a $1,000 donation from the Walmart Corporation to purchase 07-02 miscellaneous equipment. I. Contract Extension. It was recommended to approve a contract extension with Qwest to provide the Emergency Preparedness Network Service (EPN). J. Drug Task Force Grant. It was recommended to approve the amended 2006 Dakota County Drug Task Force grant. Eagan City Council Meeting Minutes January 2, 2007 Page 2 K. Wetland Ordinance Amendment. It was recommended to authorize the preparation of a Wetland Ordinance as an amendment to the City Code and direct staff to prepare a draft ordinance for further consideration. L. Liquor License. It was recommended to approve a change in management on the off-sale 3.2 percent malt liquor license for Rainbow Foods located at 1276 Town Centre Drive. M. Liquor License. It was recommended to approve a change in management on the on-sale liquor license for Applebee?s Neighborhood Bar and Grille located at 1335 Town Centre Drive. N. Extension for Recording Plat. It was recommended to approve a 90-day extension of time to record the final plat for Manley Commercial Addition, located on O?Neill Drive south of I-494 and west of Argenta Trail in the NE ¼ of Section 1. O. Tobacco Licenses. It was recommended to approve 2007 Tobacco Licenses for Time Out Restaurant, 2864 Highway 55; Go for It Gas, 4206 Nicols Road; Regal Gifts, 1960 Cliff Lake Road; Al Baker?s Restaurant, 3434 Washington Drive. PUBLIC HEARINGS PROJECT 944, KILLDEER ADDITION (JOYCE COURT) STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for Joyce Court. Assistant City Engineer Gorder gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve Project 944 (Killdeer Addition ? Joyce Court Street Improvements) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 945, SHEFFIELD ADDITION (SUDBERRY LANE) STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for Sudberry Lane. Assistant City Engineer Gorder gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve Project 945 (Sheffield Addition ? Sudberry Lane Street Improvements) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 947, FAWN RIDGE ADDITIONS STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for Fawn Ridge Additions. Assistant City Engineer Gorder gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve Project 947 (Fawn Ridge Additions ? Street Improvements) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 OLD BUSINESS CONTRACT 06-01, TH 149 RECONSTRUCTION & UPGRADE (TH 55 - ALBANO TRAIL) Eagan City Council Meeting Minutes January 2, 2007 Page 3 City Administrator Hedges introduced this item regarding plans and specifications for reconstruction and upgrade of TH 149. Public Works Director Colbert gave a staff report. He suggested the Finance Committee review financing options for the project. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the plans and specifications for Contract 06-01 (TH 149 upgrade ? TH 55 to Albano Trail) and authorize the advertisement for a bid opening for March 22, 2007. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Bakken seconded a motion to direct review by the Finance Committee for recommendation. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT ? WAYNE HOOVESTOL City Administrator Hedges introduced this item regarding a request for conditional use permits for outdoor storage and sales and service of trucks and trailers for property located at 3321 Mike Collins Drive. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit for outdoor storage of trucks and trailers for property located at 3321 Mike Collins Drive, 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, and proof of recording submitted to the City. 2. No more than a maximum of 23 employee parking stalls, 11 used truck stalls and 28 Hoovestol Fleet stalls shall be allowed on the property. The stalls are limited to the area delineated on the site plan dated August 15, 1997 and received by the City on November 15, 2006. 3. The applicant shall re-stripe the parking stalls per the area delineated on the site plan dated August 15, 1997 and received by the City on November 15, 2006. 4. This CUP is intended and shall supersede and replace any and all prior Conditional Use Permits previously issued to the property. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow sales and service of trucks and trailers for property located at 3321 Mike Collins Drive, 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, and proof of recording submitted to the City. 2. All repairs of trucks and trailers must occur inside the building. 3. Sales and service is only allowed for trucks and trailers owned or leased by the property owner. No retail sales or service is allowed. 4. This Conditional Use Permit is intended and shall supersede and replace any and all prior Conditional Use Permits previously issued to the property. PLANNED DEVELOPMENT AMENDMENT ? POTBELLY SANDWICH WORKS City Administrator Hedges introduced this item regarding a planned development amendment to add a Class II restaurant within the existing building at 1298 Promenade Place. City Planner Ridley gave a staff report. Edgar Cepuritis, representative of Pot Belly Restaurant, discussed the proposed signage. Eagan City Council Meeting Minutes January 2, 2007 Page 4 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to add a Class II restaurant within the existing building at 1298 Promenade Place, legally described as Lot 2, Block 2, Eagan Promenade, in the SW ¼ of Section 10, subject to the following conditions: Aye: 5 Nay: 0 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder?s Office prior to issuance of a building permit. The following plans are required for the Agreement: Building Elevations and Signage Plan 2. The site shall be developed in conformance with the approved plans: a. Building Elevations dated November 17, 2006 3. Signage for the restaurant is permitted on the south and east sides of the building 4. Building signage may consist of channel letters mounted on a background raceway containing the business logo. 5. Separate sign permits shall be obtained prior to installation of all new signs. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items. The Council recessed at 7:30 p.m. to immediately convene a meeting of the Economic Development Authority. City Administrator Hedges noted that a closed session would be held to discuss a settlement offer for the JR Mega/All American Recreation property and negotiations for the possible acquisition of the Basil Dyab property and the Jamal Ansari property. The regular City Council meeting reconvened at 7:40 p.m. ADMINISTRATIVE AGENDA There were no items. VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Tilley moved, Councilmember Fields seconded a motion to recess the meeting at 7:40 p.m. and convene a closed session of the EDA. _______________________________ ___________________________________ Date Administrative Secretary / Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance.