Loading...
02/03/2009 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota February 3, 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. Lee Moeller discussed his concern over chemicals used in the Postal Service buildings and stated he felt an investigation should be conducted to verify what chemicals would be used in the new Postal Service building to be located in Eagan. Mayor Maguire explained that the City does not have jurisdiction over the USPS and suggested that Mr. Moeller contact Congressman John Kline's office. A regular meeting of the Eagan City Council was held on Tuesday, February 3, 2009 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 John 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 announced that a Closed Session would be held regarding easements for the alum dosing station sediment basin project, and the acquisition of property for the relocation of Fire Station 2 and a web domain site. Councilmember Tilley moved, Councilmember Fields 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 Fields moved, Councilmember Hansen seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the January 20, 2009 regular City Council meeting and the minutes of the January 13, 2009 Special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of a person to be named as Utility Billing/Special Assessments Clerk. 2. It was recommended to approve the hiring of Nathan Rank as a part-time seasonal Building Attendant II at the Civic Arena. 3. It was recommended to approve the hiring of Seborn Yancy as a Fitness Attendant at the Community Center. 4. It was recommended to approve the hiring of Jeff Anderson as a part-time cablecaster for E-TV. C. It was recommended to ratify check registers dated January 15, January 22 and January 28, 2009 as presented. D. It was recommended to approve the renewal of a Tree Maintenance Contractor License for Precision Landscape and Tree, Inc. E. It was recommended that a $1000 donation from Cub Foods to the Police Department be accepted. F. It was recommended that a $1000 donation from Cub Foods to the Fire Department be accepted. G. It was recommended to receive the Draft Feasibility Report for Project 981, (Rahncliff / Cliff Lake Road / Rahn Road - Street Improvements) and schedule a public hearing to be held on March 3, 2009. City Council Minutes February 3, 2009 Page 2 H. It was recommended to receive the Draft Feasibility Report for Project 964, (Yankee Doodle Road / Yankee Drive - Street Improvements) and schedule a public hearing to be held on March 3, 2009. I. It was recommended to approve the plans and specifications for Contract 09-01 (Citywide Street Improvements), authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, March 12, 2009. J. It was recommended to authorize the preparation of detailed final plans and specifications for Contract 09-04 (Fish Lake Alum dosing Station and Sediment Basin - Water Quality Improvements) that may be let within 2 years after said authorization, and the acquisition of right-of-way and easements through quick-take Eminent Domain, if necessary. K. It was recommended to approve the final payment for Contract 08-04 (Citywide - Street Overlays) in the amount of $68,512.67 to McNamara Contracting, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. L. It was recommended to approve the 2009 Parks and Recreation Department CIP for park improvements. M. It was recommended to approve the renewal of a one year contract with Dakota County for the provision of Sentence to Service work crews and authorize the Mayor and City Clerk to execute the appropriate documents. N. It was recommended to approve the 2009 Use Agreement and authorize the Mayor and City Clerk to sign the agreement with Blue Cross / Blue Shield (BCBS) that allow use of BCBS property for community soccer games and related activities. 0. It was recommended to schedule a Special City Council Workshop on Tuesday, February 24, 2009. PUBLIC HEARINGS There were no public hearings. NEW BUSINESS PRELIMINARY SUBDIVISION (ESTEN NORVIN OAKS) - ESTEN RUSTEN City Administrator Hedges introduced this item regarding a Preliminary Subdivision of .87 acres to create two single family lots for property located at 4870 Rusten Road. City Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember seconded a motion to approve a Preliminary Subdivision of .87 acres to create two single family lots for property located at 4870 Rusten Road in the SE of Section 31, subject to the following conditions: Aye: 5 Nay: 0 1. The property shall be platted. 2. A garage shall be constructed on Lot 1 to meet City Code requirements prior to release of the mylars for recording of the Final Subdivision. 3. This development shall be responsible for a cash park and trails dedication based on the rates in effect at the time of Final Subdivision. 4. An individual lot tree preservation plan shall be submitted at the time of building permit application for Lot 2, Block 1. 5. A cash dedication in lieu of on-site water quality ponding shall be required for this development, consistent with City policies and city Code §4.33. 6. Prior to application for final subdivision, the applicant shall have the wetland delineated and assessed by a Certified Wetland Delineator, according to City Code §11.67. COMPREHENSIVE GUIDE PLAN AMENDMENT - MVTA City Administrator Hedges introduced this item regarding a Comprehensive Land Use Plan Amendment that would change the land use designation from MnDOT right-of-way, to SA, special Area, for property City Council Minutes February 3, 2009 Page 3 located at Cedar Grove Parkway and Nicols Road on MnDOT right-of-way. City Planner Ridley gave a staff report. Beverly Miller, Representing the MVTA discussed the plans for the proposed transit facility. Councilmember Tilley moved, Councilmember Bakken seconded a motion to direct staff to submit to the Metropolitan Council a Comprehensive Land Use Plan Amendment that would change the land use designation from MnDOT right-of-way, to SA, Special Area, for property located at Cedar Grove Parkway and Nicols Road on MnDOT right-of-way in the NE of Section 19. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT - PEANUT'S PLACE City Administrator Hedges introduced this item regarding a conditional use permit to allow a dog daycare and grooming facility with overnight boarding of dogs and outdoor runs located at 1904 Shawnee Road. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to allow a dog daycare and grooming facility with overnight boarding of dogs and outdoor runs located at 1904 Shawnee Road, legally described as Lot 4, Block 2, Cedar Industrial Park, in the SW of Section 17, 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 total number of animals, both daycare and boarded dogs, in the facility at one time shall not exceed 50. The number of overnight boarding kennels shall not exceed 30. 3. Staff hours of operation for boarded animals shall be 6:00 a.m. to 8:00 p.m. every day. 4. Customer service hours shall be 7:00 a.m. to 6:30 p.m. Monday through Friday, and 8:00 a.m. to 6:00 p.m. Saturday and Sunday. 5. Inspection by the Animal Control Officer shall occur prior to opening. 6. The applicant shall maintain a current kennel license. 7. The premises shall be open for inspection by the City and the City shall have the right to inspect the premises. 8. All signage is subject to City Code requirements. 9. The perimeter of the site shall be secured with a six-foot privacy fence. 10. The applicant shall provide a revised Site Plan removing outdoor play area from emergency vehicle access areas, subject to approval by the City Fire Marshal. 11. The designated bathroom area for the animals shall be cleaned daily. 12. A portion of the outdoor play area shall have a canopy/shade area from May 1 through October 1. ORDINANCE AMENDMENT - AIRPORT NOISE ATTENUATION ORDINANCE City Administrator Hedges introduced this item regarding requirements for sound attenuation construction methods and an Ordinance Amendment to City Code, Chapter 11, adopting land use standards and policy boundaries relating to airport noise attenuation. Community Development Director Hohenstein gave a staff report. Council held a discussion relative to the level of construction to achieve noise attenuation standards. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a recommendation by the Advisory Planning Commission to apply the requirements for sound attenuation construction methods under the ordinance to properties that have previously received sound attenuation treatments under the original MAC sound insulation program, if those homes are demolished and replaced by new homes. Aye: 5 Nay: 0 City Council Minutes February 3, 2009 Page 4 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve an Ordinance Amendment to City Code, Chapter 11, adopting land use standards and policy boundaries relating to airport noise attenuation for property in the vicinity of the Minneapolis - St. Paul International Airport. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items to be discussed. The regular City Council meeting was recessed at 7:14 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting reconvened at 7:25 p.m. ADMINISTRATIVE AGENDA There were no items for the Administrative Agenda. VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Bakken seconded a motion to adjourn the meeting at 7:30 p.m. Date Administrative Secretary / Deputy Clerk