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11/05/2007 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota November 5, 2007 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Carlson, Tilley and Bakken. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Monday, November 5, 2007 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Carlson, Fields, Tilley and Bakken. 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 two items would be added under the Consent Agenda. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Minneapolis Mayor R.T. Rybak addressed the City Council regarding the recent success in the adoption of the settlement in the litigation versus the Metropolitan Airports Commission. CONSENT AGENDA Item V was added regarding an Off-Sale Liquor License for Chen?s Liquor Inc., and two personnel items were added. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the consent agenda as amended. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the October 16, 2007 regular City Council meeting, as presented. B. Personnel Items. 1. It was recommended to accept the resignation of Payroll Clerk Carolyn Krech 2. It was recommended to authorize issuance of an RFP for Life, Accidental Death and Dismemberment, and Long Term Disability Insurance C. Check Registers. It was recommended to ratify the check registers dated October 18 and October 25 and November 1, 2007 as presented. D. Ordinance Amendment. It was recommended to direct staff to initiate an amendment to Chapter 6.34, Subdivision 13 to require background investigations for tobacco license applications. E. Ordinance Amendment. It was recommended to direct staff to initiate an amendment to Chapter 6.35, Subdivision 3 to require background investigations for pull-tab operation applications. F. Massage Therapy Establishment License. It was recommended to approve a Massage Therapy Establishment License for Fanny Livaditis, 4120 Lexington Way. G. Amendment to Minutes. It was recommended to approve an amendment to page six of the October 2, 2007 City Council minutes adding ?Fire Apparatus Funding? to the list of items directed to the Finance Committee for review. H. Community Investment Fund. It was recommended to approve the Community Investment Fund (CIF) as the funding source for the ladder truck replacement and the balance of the DCC capital obligation. I. Sound System in Arena. It was recommended to authorize the preparation of specifications and advertisement for bids for a sound system in the Eagan Arena West Rink. J. Tread Mills. It was recommended to authorize the preparation of specifications and advertisement for bids for replacement tread mills for the Eagan Community Center. Eagan City Council Meeting Minutes November 5, 2007 Page 2 K. Extension of Final Subdivision. It was recommended to approve a 60-day extension of the Final Subdivision approval for Marian Addition, to create two single-family lots upon 1.8 acres of land located at 4365 Capricorn Place in the NE ¼ of Section 27. L. Extension of Final Subdivision. It was recommended to approve a 90-day extension of the Final th Subdivision (Whispering Woods 14 Addition) to create eleven single-family lots upon 4.8 acres of land located in the SW ¼ of Section 31. M. Wetland Delineation. It was recommended to receive and affirm the Wetland Delineation Report for the Marsh Cove development located in the southwest corner of Section 36. N. Final Plat. It was recommended to approve a Final Plat (Dart Transit Company Addition) to create one lot on approximately 8.5 acres located at 800 Lone Oak Road in the NE ¼ of Section 11. O. Contract 07-06. It was recommended to approve Change Order No.1 for Contract 07-06 (Lebanon Hills Regional Park/Lone Acres ? Storm Sewer Improvements) and authorize the Mayor and City Clerk to execute all related documents. P. Contract 06-01. It was recommended to approve Supplemental Agreement Numbers 7-10 and Work Order Numbers 32-36 for Contract 06-01, Trunk Highway 149 Reconstruction. Q. Ordinance Amendment. It was recommended to direct staff to initiate an Ordinance Amendment to Chapter 11, specifically as it relates to unifying and clarifying spacing requirements between certain land uses. R. Ordinance Amendment It was recommended to direct staff to initiate an Ordinance Amendment to Chapter 6, specifically as it relates to outdoor fireworks sales. S. Final Subdivision. It was recommended to approve a Final Subdivision (Marsh Cove) to create 11 single family lots upon 5.05 acres located west of Dodd Road and north of Red Pine Lane in the SW ¼ of Section 36. T. Final Subdivision. It was recommended to approve a Final Subdivision (Dodd Parkside) to create 12 single-family lots upon 5.08 acres located east of Dodd Road and south of Red Pine Lane in the SW ¼ of Section 36. U. Purchase of Land. It was recommended to authorize the City Attorney to enter into negotiations to secure an option for potential purchase of land for a future fire station. V. Off-Sale Liquor License. It was recommended to approve an Off-Sale Liquor License for Chen?s Liquor Inc. dba K-Liquor, 1274 Lone Oak Road. PUBLIC HEARINGS CERTIFICATION OF DELINQUENT FALSE ALARM BILLS City Administrator Hedges discussed this item regarding the certification of delinquent false alarm bills noting that the City currently has two delinquent false alarm bills with an assessable amount of $1,260. 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 Fields seconded a motion to approve the final assessment roll for 07-48 delinquent false alarm bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT WEED CUTTING BILLS City Administrator Hedges discussed this item regarding the certification of delinquent weed cutting bills noting that the City currently has nine delinquent weed cutting bills with an assessable amount of $1,574.32. 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 Tilley seconded a motion to approve the final assessment roll for 07-49 delinquent weed cutting bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes November 5, 2007 Page 3 CERTIFICATION OF DELINQUENT UTILITIES City Administrator Hedges discussed this item regarding the final assessment roll for delinquent utility bills noting that the City currently has approximately 616 utility bill accounts with delinquent payments in the assessable amount of $105,202.96. 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 Bakken seconded a motion to approve the final assessment roll for 07-50 delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. Aye: 5 Nay: 0 PROJECT 942, DEERWOOD DRIVE (BLACKAWK TO PILOT KNOB) STREET OVERLAY IMPROVEMENTS, FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessments for the Deerwood Drive street overlay improvements. Public Works Director Colbert 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 the final assessment roll for Project 942 (Deerwood Drive ? Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 946, THOMAS CENTER DRIVE STREET OVERLAY IMPROVEMENTS, FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessments for the Thomas Center Drive street overlay improvements. Public Works Director Colbert 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 Bakken seconded a motion to approve the final assessment roll for Project 946 (Thomas Center Drive ? Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 STND PROJECT 947, FAWN RIDGE 1 / 2 STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING stnd City Administrator Hedges introduced this item regarding the final assessments for the Fawn Ridge 1 and 2 Additions street overlay improvements. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing an turned discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Final Assessment Roll stnd for Project 947 (Fawn Ridge 1 and 2 Additions ? Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes November 5, 2007 Page 4 PROJECT 948, WESTBURY ADDITIONS STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessments for the Westbury Additions street overlay improvements. Public Works Director Colbert 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 the Final Assessment Roll for Project 948 (Westbury Additions ? Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 949, LEXINGTON SQUARE ADDITIONS STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessments for the Lexington Square Additions street overlay improvements. Public Works Director Colbert 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 Bakken seconded a motion to approve the final assessment roll for Project 949 (Lexington Square Additions street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 OLD BUSINESS PRELIMINARY SUBDIVISION (DG WELDING FIRST ADDITION) City Administrator Hedges discussed this item regarding a Preliminary Subdivision to create two lots upon approximately 8.4 acres located at 3265 Sun Drive and 3245 Terminal Drive which was continued from the October 16 Council meeting. He noted that the item had been continued to allow staff and the applicant time to discuss a public access easement. Due to the applicant being out of town, a meeting was not held. It was suggested that this item be continued to the November 20 Council meeting. Councilmember Carlson moved, Councilmember Fields seconded a motion to continue consideration of a Preliminary Subdivision to create two lots upon approximately 8.4 acres located at 3265 Sun Drive and 3245 th Terminal Drive to the November 20 Council meeting. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT ? SDC EAGAN TOWN CENTRE, INC. City Administrator Hedges introduced this item regarding a Conditional Use Permit to amend the Town Centre Pylon Sign Agreement for property located at 1276 ? 1312 Town Centre Drive. City Planner Ridley gave a staff report. Kathy Anderson, representing the applicant, was present to answer questions of the Council. Council held a brief discussion, agreeing the proposed signage would be an improvement to the site. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to amend the Town Centre Pylon Sign Agreement for property located at 1276 ? 1312 Town Centre Drive, legally Eagan City Council Meeting Minutes November 5, 2007 Page 5 nd described as Lot 1 and 2, Block 1, Town Centre 70 2 Addition, in the NW ¼ of Section 15, 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 and proof of its recording be provided to the City. 2. All signage is subject to the Sign Plan received October 3, 2007. 3. The Applicant shall replace any landscaping which is removed to install signs. 4. All signage shall meet sign setback requirements. nd 5. The Applicant shall enter into a Pylon Sign Agreement for Lots 1 and 2, Town Centre 70 2 Addition. 6. This Conditional Use Permit is intended and shall supersede and re place the Pylon Sign Agreement for nd Lots 1 and 2, Town Centre 70 2 Addition. PRELIMINARY AND FINAL SUBDIVISION (CEDAR GROVE GATEWAY) CITY OF EAGAN City Administrator Hedges introduced this item regarding a preliminary and final subdivision to create two lots upon approximately 5.5 acres located on Highway 13. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Preliminary and Final st Subdivision (Cedar Grove Gateway 1 Addition) to create two lots upon approximately 5.5 acres located on either side of State Highway 13 in the NE ¼ of Section 19, subject to the following conditions: 1. The subdivision shall comply with the standard conditions of plat approval as adopted by Council on February 2, 1993. 2. The property shall be platted. 3. Park and Trail dedication shall be paid at the time of Building Permit, at the rate in effect at that time. 4. The developer shall dedicate the following upon the final plat: 1) 50? wide public right-of-way from the st existing centerline of Silver Bell Road on Lot 1, Block 1, Cedar Grove Gateway 1 Addition 2) 10? wide drainage and utility easements along all of the side property lines for Lot 1, Block 1, Cedar Grove st Gateway 1 Addition; 3) 50? wide drainage and utility easement along the TH 13 right-of-way for Lot 1, st Block 1, Cedar Grove Gateway 1 Addition; 4) 10? wide drainage and utility easement adjacent to the st dedicated Silver Bell Road right-of-way for Lot 1, Block 1, Cedar Grove Gateway 1 Addition. 5. The developer shall implement the performance measures in Policies 3.1 and 3.3 specified in the City?s current Water Quality and Wetlands Management Plan (2007). 6. In accordance with policies of the City?s current Water Quality and Wetlands Management Plan (2007), the developer shall provide measures so as to mitigate storm water runoff to meet management objectives for each of the identified sub-watersheds. The management objectives include maintaining or reducing, to the extent feasible, existing surface water runoff volume and phosphorus loading, with an emphasis on infiltration and low impact design principles to protect the Harnack Creek and Kennealy Creek sub- watersheds, and wet detention basins where appropriate in other subwatersheds. Such measures shall include but not be limited to reducing impervious area, providing infiltration, additional treatment basin construction, and treatment of stormwater discharge through other means. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no updates to be reported. The regular City Council meeting was recessed at 7:12 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 7:20 p.m. ADMINISTRATIVE AGENDA There were no items. Eagan City Council Meeting Minutes November 5, 2007 Page 6 VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Fields moved, Councilmember Bakken seconded a motion to adjourn the meeting at 7:25 p.m. _______________________________ ___________________________________ 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.