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01/03/2008 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota January 3, 2008 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 Thursday, January 3, 2008 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 a Closed Session would be held to discuss EDA business and Charter Commission appointments. Councilmember Fields moved, Councilmember Bakken 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 Bakken 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 3, 2007 regular City Council meeting, as presented. B. Personnel Items. 1. It was recommended to change the job title of Sara Hegle from Office Support Specialist to GIS Technician/OSS. 2. It was recommended to change the job title of Tami Maddio from Senior GIS Specialist to GIS Coordintaor/Sr GIS Specialist. 3. It was recommended to approve a 3% annual wage adjustment to the 2008 non-union Compensation Plan for all regular non-collective bargaining employees, effective January 6, 2008 per City policy. 4. It was recommended to approve a 3% adjustment to Directors' car allowances. 5. It was recommended to approve the 2008 City Administrator compensation as follows: • Increase compensation by 3%. • Provide an additional vacation accrual of 45.16 hours and authorize the City Administrator to exceed the vacation accrual cap by that additional amount. • Continue to provide a car allowance at the 2006 and 2007 rate. 6. It was recommended to approve an annual wage adjustment to the Parks and Recreation 2008 Seasonal Compensation Plan and for temporary, seasonal, and recurring non-collective bargaining employees between 0% and 3%. 7. It was recommended to adopt the IRS mileage rate effective January 1, 2008. The current IRS rate for 2008 is 50.5 cents per mile. Should the 2008 rate change, the City's reimbursement will automatically adjust to the new rate. C. Check Registers. It was recommended to ratify the check registers dated December 20 and December 27, 2007 as presented. D. Disposal of Property. It was recommended to authorize submission of a letter to Dakota County CDA regarding the disposal of property at 1997 / 1999 Gold Trail for redevelopment as a young adult supportive housing project. Eagan City Council Meeting Minutes January 3, 2008 Page 2 E. Contract. It was recommended to approve a Contract with Hoisingon, Koegler Group, Inc. for assistance with the 2008 Comprehensive Plan Update. F. Contract 06-01. It was recommended to approve Work Order Numbers 37-38 for Contract 06-01, Trunk Highway 149 Reconstruction. G. ROW Vacation. It was recommended to receive the petition to vacate public right-of-way known as Blue Gentian Circle and schedule a public hearing to be held on February 5, 2008. H. Agreement It was recommended to approve an agreement with MnDOT accepting federal funding on behalf of Red pine Elementary for a Safe Routes to School grant. 1. On-Sale Liquor License. It was recommended to approve the on-sale liquor and Sunday license for Applebee's Restaurants North LLC dba Applebee's Neighborhood Grill & Bar, 1335 Town Centre Drive. J. On-Sale Liquor License. It was recommended to approve a change in management on the on-sale liquor license for Don Pablo's located at 1280 Promenade Place. K. On-Sale Liquor License. It was recommended to approve a change in management on the on-sale liquor license for Jensen's Supper Club located at 3840 Sibley Memorial Highway. L. On-Sale Liquor License. It was recommended to approve a change in management on the on-sale liquor license for Granite City Food & Brewery located at 3330 Pilot Knob Road. M. On-Sale Liquor License. It was recommended to approve a change in management on the on-sale liquor license for Applebee's Neighborhood Grill & Bar located at 1335 Town Centre Drive. N. Off-Sale Beer License. It was recommended to approve a change in management on the off-sale beer license for Holiday Stationstore #247 located at 3615 Pilot Knob Road. 0. Off-Sale Liquor License. It was recommended to approve a change in management on the off-sale beer license for Sam's Club #4738 located at 3035 Denmark Avenue (including Suite 1). PUBLIC HEARINGS There were no public hearings. OLD BUSINESS PROPOSED 2008 BURNSVILLE/EAGAN TELECOMMUNICATIONS COMMISSION AND BURNSVILLE/EAGAN COMMUNITY TELEVISION BUDGET City Administrator Hedges stated that this item regarding the 2008 Burnsville/Eagan Telecommunications Commission and Burnsville/Eagan Community Television budget was discussed at the December 18 Council meeting and was continued to allow time for additional information regarding personnel costs to be submitted for Council review. He went on to discuss the additional information provided. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the combined proposed 2008 budget for Burnsville/Eagan Telecommunications Commission (BETC) and Burnsville/Eagan Community Television (BECT). Aye: 5 Nay: 0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT - THE SHOPS AT GRAND OAK City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow tenant panels on the existing pylon sign for The Shops at Grand Oak located at 2864 and 2874 Highway 55. City Planner Ridley gave a staff report. Matt Miller, Interstate Partners, discussed the proposed signage which would enhance visibility for the Time Out Restaurant & Bar. The co-owner of Time Out Restaurants discussed the need for the additional signage, stating that customers have a difficult time finding the entrance to the restaurant. Eagan City Council Meeting Minutes January 3, 2008 Page 3 Council discussed the possibility of having signage that states only "Entrance on Dodd Road". It was the consensus of the Council to continue consideration of the proposed signage to allow time for the applicant to provide a modified plan that included directional signage only from Highway 55 and at the Highway 149 access point. Councilmember Fields moved, Councilmember Bakken seconded a motion to continue to the January 15 meeting consideration of a Planned Development Amendment to allow directional signage on the existing pylon sign for The Shops at Grand Oak located at 2864 and 2874 Highway 55, legally described as Lot 3, Block 1, Grand Oak Five, in the NE 1/4 of Section 2. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT - YMCA PYLON SIGN City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to allow a pylon sign located at the YMCA site, 500 Opperman Drive. City Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow a pylon sign located at 500 Opperman Drive on Lot 1, Block 1, YMCA 2"d Addition in the NE 1/4 of Section 13, 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 by the City Council. 2. An administrative Sign Permit shall be obtained from the City prior to installation of the pylon sign. 3. The pylon sign shall be setback a minimum of 10 feet from all property line and remain outside of easement areas. 4. The pylon sin shall be located as indicated on the site plan received November 21, 2007. 5. The pylon sign shall not exceed the dimensions as indicated on the sign exhibit dated December 5, 2007. 6. The pylon sign shall comply with all Sign Code requirements; including the message changing no more than once every twenty minutes. PRELIMINARY SUBDIVISION (DIFFLEY MARKETPLACE 2ND ADDITION) RELIANCE DEVELOPMENT City Administrator Hedges introduced this item regarding Preliminary Subdivision (Diffley Marketplace 2"d Addition) to create five lots upon approximately 10.94 acres located south of Diffley Road and east of Lexington Avenue. City Planner Ridley gave a staff report. David Stradtman, Reliance Development, discussed the proposed subdivision, stating it had been contemplated since the beginning of the proposed Diffley Marketplace development. Council held a brief discussion regarding parking and cross easement issues. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision (Diffley Marketplace 2"d Addition) to create five lots upon approximately 10.94 acres located south of Diffley Road and east of Lexington Avenue, legally described as Lot 1, Block 1, Diffley Marketplace, in the NW 1/4 of Section 26, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, B2, B4, Cl, C2, C4, D1, and El. 2. The property shall be platted. 3. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to final subdivision approval. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. Eagan City Council Meeting Minutes January 3, 2008 Page 4 4. All erosion / sediment control plans submitted for development and grading permits shall be prepared by a designer who has current University of Minnesota Erosion / Sediment Control Design training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 5. All personnel responsible for the construction and management of erosion / sediment control devices, and the establishment of vegetation for the development, shall have received Erosion / Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 6. The reconstruction of the access onto Diffley Road, and all necessary modifications to Diffley Road to accommodate the 3/4 access, as required by Dakota County, shall be the responsibility of the developer. 7. Cross easements for the ingress-egress between the proposed lots shall be provided in a a form acceptable to the City Attorney. 8. Cross easements for shared parking between the proposed lots shall be provided in a form acceptable to the City Attorney and without tenant specific signage. 9. Sanitary sewer, water main, and storm sewer systems within the development shall be covered with private easements, in a form acceptable to the City Attorney, allowing for their private maintenance by the property owners. 10. This development shall be responsible for obtaining a permit from Dakota County for all work within Diffley Road right-of-way. 11. Stormwater runoff shall be treated via an on-site constructed pond. The design and construction of the pond shall be consistent with the Final Planned Development which was approved in August 2007. 12. A cash water quality dedication for the portion of the property that drains off-site (-1.04 acres) shall be paid prior to issuance of any building permit, or prior to release of the plat for recording, whichever occurs first. The amount due will be based on the rates in effect at that time. 13. This development shall fulfill required tree mitigation through the installation of at least fifty-four (54) Category B trees, or an equivalent combination of Category A, B, or C trees. 14. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees . woodlands to be preserved along and just south of the south property line. 15. The developer shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 16. This development shall provide screening of mechanical equipment (ground or rooftop mounted) as required in the City's zoning ordinance. Screening shall be shown on the plans at the time of building permit application for Lots 1, 2, and 3, and compliance with the ordinance requirements will be determined at that time. For Lots 4 and 5, compliance shall be demonstrated at the time of Final Planned Development. 17. Parks and trails dedications shall be fulfilled through cash dedication, payable at t he time of building permit issuance at the rates then in effect. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no updates. The regular City Council meeting was recessed at 7:25 p.m. and a meeting of the Economic Development Authority was immediately convened. The regular City Council meeting was reconvened at 7: 40 p.m. ADMINISTRATIVE AGENDA Public Works Director Colbert discussed proposed consulting engineering contracts for technical/specialty services. Eagan City Council Meeting Minutes January 3, 2008 Page 5 Councilmember Fields moved, Councilmember Carlson seconded a motion to approve Consulting Engineering Contracts for Technical/Specialty Services with the referenced firms and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Bakken moved, Councilmember Tilley seconded a motion to adjourn the regular meeting at 7:45 p.m. and immediately convene a closed session. 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.