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08/09/2007 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota August 9, 2007 A Listening Session was held at 6:00 p.m. in the Eagan Room prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Tilley and Bakken. Councilmember Carlson was absent. Yvonne Fix and Donna Kjeilman discussed an idea for a fund raiser for the 35W bridge collapse. LaDonna Boyd, representing Dakota Futures discussed a proposed sister city in Ireland. A regular meeting of the Eagan City Council was held on August 9, 2007 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Tilley and Bakken. Councilmember Carlson was absent. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert; City Attorney Michael Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA It was noted that under Recognitions and Presentations, an update on National Night Out would be given; a premise permit will be added as item P under the Consent Agenda; and under the Administrative Agenda, an item will be added in regard to an inter city conference. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye: 4 Nay: 0 RECOGNITIONS AND PRESENTATIONS An update was given regarding National Night Out. There were approximately 149 neighborhoods celebrating the event. CONSENT AGENDA Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the consent agenda as amended. Aye: 4 Nay: 0 A. Minutes. It was recommended to approve the minutes of the July 17, 2007 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Sarah Burwell as Office Supervisor in Community Development. 2. It was recommended to approve the hiring of a person to be named as part-time building maintenance worker. 3. It was recommended to approve an Accountant/Utility Billing Specialist position in the Finance Department. C. Check Registers. Ratified the check registers dated July 19, 2007, July 26, 2007 and August 2, 2007 as presented. D. Resignation. It was recommended to accept the resignation of Jason Bonnett, Airport Relations Commission member. E. Tree Maintenance Contractor. It was recommended to approve a Tree Maintenance Contractor License for Branch and Bough, 589 Ohio Street, St. Paul, MN. F. Industrial/Commercial Park Dedication Fees. It was recommended to approve a change to the 2007 Industrial/Commercial park dedication fees. 07-32 G. Donation. It was recommended to accept a $1,325 donation from Minnesota Energy for a gas monitor for the Fire Department. th H. Final Subdivision. It was recommended to approve a Final 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. I. Contract 06-01. It was recommended to approve Work Order Numbers 5-10 for Contract 06-01. Eagan City Council Meeting Minutes August 9, 2007 Page 2 J. Parking Restrictions. It was recommended to receive a petition requesting the expansion of the current resident permit parking zone in the Stafford Place neighborhood; approve a resolution establishing the parking restrictions in the requested areas; and authorize staff to revise the official map depicting the additional streets and related parking restrictions. K. Contract. It was recommended to approve a contract with Imperial Developers for the excavation of Pond BP-39 for storm drainage improvements, and authorize the Mayor and City Clerk to execute all related documents. L. Project 01-L. It was recommended to acknowledge the completion of improvements for City Project No. - nd 01-L (Glen Ponds/Effress 2 Addition) under terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions. M. Traffic Signal Agreement. It was recommended to approve a Traffic Control Signal Agreement for the access ramps on Cliff Road at I35E and TH 77 with Dakota County and the Minnesota Department of Transportation and authorize the Mayor and City Clerk to execute all related documents. N. BETC Joint Powers Agreement. It was recommended to approve revised joint powers agreements as presented. O. Schedule Special Council Workshop. It was recommended to schedule a Special City Council Workshop for August 28, 2007. P. Premise Permit. It was recommended to adopt a Resolution Approving a Premise Permit for the Eagan 07-33 Lions Club to conduce a pull-tab operation at Starks Saloon, 3125 Dodd Road. PUBLIC HEARINGS LOT 2, BLOCK 1 UNISYS PARK ADDITION (UNISYS CORP) EASEMENT VACATION City Administrator Hedges introduced this item regarding the vacation for public drainage and utility easement within Lot 2, Block 1 Unisys Park Addition. 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 vacation of a public drainage and utility easement within Lot 2, Block 1 Unisys Park Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 4 Nay: 0 VARIANCES ? MARK AND DAWN SIMPSON City Administrator Hedges introduced this item regarding a request for variances for 1) to allow more than two detached accessory structures, 2) to allow accessory structures in excess of 800 square feet; 3) to allow the size of accessory structures to exceed the size of the house, on property located at 3980 Lexington Avenue South. City Planner Ridley gave a staff report. Mark Simpson, applicant, discussed the plans for his proposed garage. Two adjacent property owners expressed their objections to the proposed accessory structure noting that they hear noise late at night coming from the property as well as the odor of paint. Staff explained that the City Code addresses late night noise issues. Councilmembers discussed the possibility of an additional condition regarding limiting the new structure to storage only. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Eagan City Council Meeting Minutes August 9, 2007 Page 3 Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the following variances: 1) Allow more than two detached accessory structures; 2) Allow accessory structures in excess of 800 square feet; 3) Allow the size of accessory structures to exceed the size of the house, for the property located at 3980 Lexington Avenue South, legally described as Lot 9, Block 1, Lexington Parkview, located in the NW ¼ of Section 23 subject to the following conditions: Aye: 4 Nay: 0 1. If within one year after approval, the Variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. A building permit shall be issued prior to commencing construction of the new garage. 3. The existing machine shed shall be removed prior to construction of the new garage. 4. The proposed garage shall match the existing house in finish materials and colors and roof pitch and style. 5. The new garage structure shall be limited to the use of storage only; no vehicle repair or maintenance operations shall be allowed. OLD BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT ? PASTER ENTERPRISES, INC. City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment request to change the land use designation from SA-Office/Service to SA-Retail Commercial on 24 acres north of Yankee Doodle Road and west of Central Parkway which was originally brought before the Council on May 17, 2005. City Planner Ridley explained that the applicant is requesting a continuance of the proposed Comprehensive Plan Amendment to allow more time to complete design plans and procure an anchor tenant for the project. Howard Paster, Paster Enterprises, was present to answer questions. After discussion, it was the consensus of the Council to continue the item. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue the proposed Comprehensive Guide Plan Amendment request to the February 5, 2008 City Council meeting. Aye: 4 Nay: 0 CONTRACT 06-08, NORTH RIDGE DRIVE & SIBLEY TERMINAL STORM DRAINAGE IMPROVEMENTS City Administrator Hedges introduced this item regarding the North Ridge storm drainage improvements. Public Works Director Colbert provided background information, noting that on June 19, 2007, the Council approved the plans and authorized the new advertisement for solicitation of competitive bids for Contract 06-08. Three area residents spoke expressing their concern regarding the vibration that an augur could cause, soil testing, drainage issues, and protection should damage be done to their property during the auguring process. Tim Swanson, G. L. Contracting, explained the auguring process, stating that every effort would be made to keep the process as unobtrusive as possible. Staff addressed the questions regarding soil testing and drainage issues. Mayor Maguire moved, Councilmember Fields seconded a motion to award Contract 06-08 (North Ridge Drive Storm Drainage Improvements), to G.L. Contracting, Inc., for the base bid in the amount of $152,030.50 and authorize the Mayor and City Clerk to execute all related documents. Aye: 4 Nay: 0 Eagan City Council Meeting Minutes August 9, 2007 Page 4 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT MAYFLOWER TOWN CENTRE PROPERTIES City Administrator Hedges introduced this item regarding a planned development amendment to allow outside storage of up to four rental vehicles at 3495 Denmark Avenue. City Planner Ridley gave a staff report. The Council commented on the previous application, this proposal and the professional graphics provided depicting the truck storage area. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow outside storage of up to four rental vehicles at 3495 Denmark Avenue, legally described as nd Lot 1, Block 1, Town Centre 70 22 Addition in the NW ¼ of Section 15, subject to the following conditions: Aye: 4 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at Dakota County. 2. Up to four rental vehicles may be stored on the property. The rental vehicles shall be located within the 1200 square foot parking area as defined on the site plan dated July 5, 2007. 3. The east wall shall be constructed to a height to fully screen the tallest of the rental trucks. 4. The Applicant shall provide operation details regarding the truck rental and maintenance of the vehicles. ORDINANCE AMENDMENT ? CITY OF EAGAN City Administrator Hedges introduced this item regarding an Ordinance Amendment to Chapter 11, Section 11.70 to clarify noncommercial sign standards. City Planner Ridley gave a staff report. Councilmembers Bakken and Fields summarized their efforts and the issues addressed when they reviewed this item as the Public Works Subcommittee. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an Ordinance Amendment to Chapter 11, Section 11.70 to clarify noncommercial sign standards. Aye: 4 Nay: 0 The regular City Council meeting was recessed at 8:35 p.m. to immediately convene a meeting of the Economic Development Authority. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE The regular City Council meeting was reconvened at 8:45 p.m. ADMINISTRATIVE AGENDA Discussion was held regarding an Intercity Leadership Visit to Toronto, Ontario October 14 ? 17, 2007 that Councilmember Tilley has requested to attend. Councilmember Fields moved, Mayor Maguire seconded a motion to authorize Councilmember Tilley to travel to Toronto, Ontario for the Intercity Leadership Visit on October 14-17, 2007. Aye: 4 Nay: 0 Direction was given to staff to research travel criteria from other area cities and report back to the Finance Committee for future review. VISITORS TO BE HEARD Eagan City Council Meeting Minutes August 9, 2007 Page 5 There were no visitors who wished to be heard. Councilmember Bakken moved, Councilmember Fields seconded a motion to adjourn the meeting at 9:05 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.