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09/01/2009 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota September 1, 2009 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Tilley, Bakken and Hansen. Councilmember Fields was absent. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, September 1, 2009 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Tilley, Bakken and Hansen. Councilmember Fields was absent. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, Traffic Engineer Tim Plath, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Pepper. RECOGNITIONS Mayor Maguire provided information on the Emergency Management Institute recently attended by 11 staff members, Councilmember Bakken and Mayor Maguire. AGENDA City Administrator Hedges noted that a Closed Session would be held in regard to Highway 149 and pending litigation in Cedar Grove. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve the agenda as amended. Aye: 4 Nay: 0 CONSENT AGENDA City Administrator Hedges noted that Councilmember Fields, who is out of town, called to comment on item D in regard to three federal appropriation requests for funding. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as amended. Aye: 4 Nay: 0 A. It was recommended to approve the minutes of the August 18, 2009 regular City Council meeting as presented. B. Personnel Items. There were no personnel items. C. It was recommended to ratify check register dated August 20, 2009 as presented. D. It was recommended to authorize contract with J & P Associates for consulting services for the purpose of making application for federal appropriations for the proposed Safety Campus. E. It was recommended to direct staff to prepare an Ordinance Amendment for Chapter 6.39 regarding massage therapist licenses. F. It was recommended to award Contract 09-06 (Wandering Walk Park – Wetland Banking Improvements) to G.F. Jedlicki, Inc., for the base bid amount of $50,480 and authorize the Mayor and City Clerk to execute all related documents. G. It was recommended to award Contract 09-06 (Wandering Walk Park – Wetland Banking Improvements) to G.F. Jedlicki, Inc. for the base bid amount of $50,480 and authorize the Mayor and City Clerk to execute all related documents. H. It was recommended to approve the final payment for Contract 07-06 (Lebanon Hills Regional Park / Long Acres – Storm Sewer Improvements) in the amount of $23,102.34 to Minger Construction, Inc., and accept improvements for perpetual City maintenance subject to warranty provisions. I. It was recommended to declare the developer in default of the development contract, authorize fund deposit from development’s letter of credit provider, and approve a contract with Bituminous City Council Minutes September 1, 2009 Page 2 Roadways, Inc. in the amount of $20,160 to complete the remaining public improvements within Marsh Cove (City Project No. 07-0). J. It was recommended to receive the Final Assessment Roll for Project 973 (Windtree Addition – Street Improvements) and schedule a public hearing to be held on October 6, 2009. K. It was recommended to receive the Final Assessment Roll for Project 980 (Hampton Heights / Stoney Pointe / Blackhawk Glen Addition – Street Improvements) and schedule a public hearing to be held on October 6, 2009. L. It was recommended to receive the Final Assessment Roll for Project 982 (St. Francis Woods Addition – Street Improvements) and schedule a public hearing to be held on October 6, 2009. M. It was recommended to receive the Final Assessment Roll for Project 1000 (Grace Drive – Street Improvements) and schedule a public hearing to be held on October 6, 2009. N. It was recommended to receive the Final Assessment Roll for Project 1002 (Pinecrest of Eagan – Street Improvements) and schedule a public hearing to be held on October 6, 2009. O. It was recommended to receive the Final Assessment Roll for Project 1003 (Blue Gentian Road – Street Improvements) and schedule a public hearing to be held on October 6, 2009. P. It was recommended to approve a Joint Powers Agreement with Dakota County for the reconstruction and overlay of county trails under City Contract 09-08 (2009 City-Wide Trail Improvements). Q. It was recommended to waive the monetary limits on municipal tort liability. R. It was recommended to approve Tree Maintenance Contractor Licenses for Morgan’s Tree Service and Oleson’s Tree Service. PUBLIC HEARINGS PROJECT 858, CONTRACT 08-13, SIBLEY TERMINAL/HIGHWAY 13 STORM SEWER IMPROVEMENTS FINAL ASSESSMENT ROLL City Administrator Hedges introduced this item regarding the final assessment roll and contract for Sibley Terminal / Highway 13 storm sewer improvements. Public Works Director Colbert noted that the public hearing for the final assessment for Project 858 was opened at the August 18, 2009 City Council meeting. After testimony from the affected property owner, Todd Johnson, Global Equity Partners, Council continued the hearing to September 1 to allow Global Equity Partners an opportunity to execute a waiver of objection to special assessments in the reduced amount of $107,010. Mayor Maguire re-opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Bakken moved, Councilmember Tilley seconded a motion to close the public hearing and approve the Revised Final Assessment Roll for Project 858 (Sibley Terminal / Highway 13 – Storm Drainage Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 Councilmember Bakken moved, Councilmember Tilley seconded a motion to award Contract 08-13 (Sibley Terminal/ Highway 13 – Storm Drainage) to G.F. Jedlicki, Inc., for the base bid ($82,315) and authorize the Mayor and City Clerk to execute all related documents. Aye: 4 Nay: 0 Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve an agreement with the Minnesota Department of Transportation (MNDOT) for the maintenance of the storm sewer improvements to be constructed under Project 858 / Contract 08-13 within Highway 13 right-of-way, and authorize the Mayor and City Clerk to execute all related documents. Aye: 4 Nay: 0 City Council Minutes September 1, 2009 Page 3 PROJECT 1016, AMES CROSSING ROAD STREET & UTILITY IMPROVEMENTS City Administrator Hedges introduced this item regarding street and utility improvements for Ames Crossing Road. Public Works Director Colbert introduced Kevin Kawlewski, WSB, who presented an overview of the feasibility report. Mayor Maguire asked Director Colbert to discuss the northeast Eagan traffic study, potential bids and the acquisition of rights-of-way. City Attorney Dougherty discussed the assessment process. Director Colbert noted that objections have been received from Cole Enterprises and Ecolab. Mayor Maguire opened the public hearing. Dave Grannis, representing Cole Enterprises and Ruth and Dick Cole, expressed opposition to the project and proposed assessments. He noted that the Coles did not receive proper notice of the project and stated they feel the street connection is premature and unnecessary prior to development of the Cole property. An Ecolab representative also expressed opposition to the project and proposed assessments, noting they feel there is not a public need or purpose for the project at this time. Greg Miller, Interstate Partners, stated his company filed the petition for the project and feels it is a valuable project for the area at this time. There being no further public comment, Mayor Maguire turned discussion back to the Council. Councilmembers held a discussion which included the green acres designation of a portion of the property and the method of payment for such a project. It was noted that the objection is to segment two of the project. Councilmember Hansen moved, Councilmember Tilley seconded a motion to close the Public Hearing and approve Project 1016 (Ames Crossing Road – Street and Utility Improvements) and authorize the preparation of detailed plans and specifications, and the acquisition of easements through quick-take eminent domain process, if necessary. Aye: 4 Nay: 0 PROJECT 1005, DANIEL DRIVE SIDEWALK IMPROVEMENTS City Administrator Hedges introduced this item regarding sidewalk improvements for Daniel Drive. He noted that a petition had been received from are property owners requesting the narrowing of Daniel Drive and the installation of a sidewalk. A traffic study was conducted. Traffic Engineer Tim Plath gave a staff report. Council members held a discussion regarding the lack of justification in narrowing Daniel Drive, the possibility of installing a sidewalk in segment two of the project, radar speed signs and awareness education. Mayor Maguire opened the public hearing. Six residents expressed their opposition to the installation of a sidewalk. Interest was shown in regard to traffic monitoring signs. City Council Minutes September 1, 2009 Page 4 Janet Westenberg discussed the narrowing of Daniel Drive, using Denmark Avenue as an example. She suggested, due to the opposition to the sidewalk, the $20,000 available from the Diffley-Marketplace developer be used to promote pedestrian and biker safety. There being no further public comment, Mayor Maguire turned discussion back to the Council. Discussion was held regarding the funds available from the Diffley-Marketplace developer, speed signs and educational material. Councilmember Bakken moved, Councilmember Tilley seconded a motion to use the available $20,000 to procure speed signs and use any remainder for educational material within the Daniel Drive neighborhood. Aye: 4 Nay: 0 Councilmember Tilley moved, Councilmember Hansen seconded a motion to close the public hearing and deny Project 1005 (Daniel Drive – Sidewalk Improvements). Aye: 4 Nay: 0 OLD BUSINESS There were no Old Business items. NEW BUSINESS PLANNED DEVELOPMENT AMENDMENTS – CUB FOODS City Administrator Hedges introduced this item regarding planned development amendments to allow outdoor storage of shopping carts, outside display of seasonal goods and salt, and construction of screen walls in the service area and at the front of the building for property located at 1020 Diffley Road. City Planner Ridley gave a staff report. Mayor Maguire and Council members questioned representatives of Cub Foods Scott Lichtenberg and Anne Thies about the designated smoking area for employees, the storage of carts, and the screening of the grease dumpster and propane. Mr. Lichtenberg agreed to withdraw the request for screening of the smoking area. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Planned Development Amendment to allow outdoor storage of shopping carts for property located at 1020 Diffley nd Road, legally described as Lot 1, Block 1, Diffley Marketplace 2 Addition, subject to the following conditions. Aye: 3 Nay: 1 (Bakken opposed) 1. An amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder’s office. 2. Only outdoor storage of shopping carts shall be allowed per the Site Plan dated July 13, 2009. 3. The enclosure shall be made of materials to match the principal structure. 4. The applicant shall obtain a building permit for the construction of the masonry screen wall. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve outside display of seasonal goods and salt for property located at 1020 Diffley Road, legally described as Lot 1, Block 1, nd Diffley Marketplace 2 Addition, subject to following conditions: Aye: 4 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder’s office. City Council Minutes September 1, 2009 Page 5 2. The applicant shall provide decorative bollards which will identify the display area. 3. The seasonal sales shall be allowed in the area as depicted on the Site Plan dated July 13, 2009. 4. All signage must meet City Code requirements. 5. The site shall be kept in a neat and orderly manner and the display of items shall not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. 6. The applicant shall continue the current practices of dimming exterior site lighting and turning off illuminated signs during non-operational hours, provided it does not compromise safety and security of the site. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve construction of a screen wall in the service area to screen the grease dumpster and propane cage for property located at nd 1020 Diffley Road, legally described as Lot 1, Block 1, Diffley Marketplace 2 Addition, 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 the Dakota County Recorder’s office. 2. The screen walls shall be located per the Site Plan dated July 13, 2009. 3. The screen wall in the rear service area for the grease dumpster and propane cage shall be at least 5’ in height. 4. The screen walls shall be constructed of materials to match the principal structure. 5. The applicant shall obtain a building permit, if required, for the construction of the masonry screen walls. CONDITIONAL USE PERMIT – VALLEY MOTOR SPORTS City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit for the outdoor storage of up to 86 vehicles for property located at 3380 Highway 149. City Planner Ridley gave a staff report. Ted Carlson, Welsh Companies and Mark Sandberg, Valley Motor Sports, were present to answer questions of the Council. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit for the outdoor storage of up to 86 vehicles for property located at 3380 Highway 149, legally described as Lot 2, Block 1, Gopher Eagan Industrial Park, subject to the following conditions: Aye: 4 Nay: 0 1. This Conditional Use Permit replaces any prior CUP’s issued for the property and shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The outdoor storage shall be limited to a maximum of 86 vehicles and located in the outdoor storage area as identified on the Site Plan received July 31, 2009. 3. The storage area shall be maintained in an orderly fashion. 4. The coniferous trees proposed along the south perimeter of the site shall meet current City Code requirements and be installed by October 31, 2009. 5. The rooftop mechanical equipment shall be screened to meet City Code requirements by October 31, 2009. 6. The safety storage for LP cylinders and flammable container safety cabinet along the north side of the building should have a minimum spacing of 5 feet from any building openings. 7. If recycled asphalt aggregate is used for the outdoor storage areas, the site will be subject to periodic review by City staff for adequacy of the material to control dust and drainage. The first City Council Minutes September 1, 2009 Page 6 review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 8. All parking and storage areas shall be property maintained to prevent deterioration. CONDITIONAL USE PERMIT – THE LINDSAY GROUP City Administrator Hedges introduced this item regarding a Conditional Use Permit to amend the Town Centre Pylon Sign Agreement to allow a pylon sign on property located at 1344-1348 Town Centre Drive. City Planner Ridley gave a staff report. Jay Lindsay, Lindsay Group, discussed the proposed signage. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to amend the Town Centre Pylon Sign Agreement to allow a pylon sign on property located at th 1344-1348 Town Centre Drive, legally described as Lot 1, Block 1, Town Centre 70 17 Addition, subject to the following conditions: Aye: 4 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 Site Plan received July 29, 2009. 3. The Applicant shall provide a Landscape Plan depicting the replacement of the tree to be removed and the sign base foundation plantings per current City Code requirements. 4. All landscaping shall be installed no later than October 31, 2009. 5. All signage shall meet Sign Code requirements. 6. The Applicant shall enter into an Amendment to the Pylon Sign Agreement for Lot 2, Block 1 th Town Centre 70 17 Addition, in a form acceptable to the Cit Attorney. 7. No tenant shall have signage on the existing pylon sign located on Lot 1, Block 1 at the same th time as signage on the proposed pylon sign located on Lot 2, Block 1, Town Centre 70 17 Addition. PLANNED DEVELOPMENT AMENDMENT – CSM WATERS V LLC City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow outdoor storage of tractors, farm implements and equipment at 2955 Lone Oak Drive. John Ferrier, CSM Waters, discussed the storage of the equipment noting it is actually used for training sessions and is moved constantly. He requested the term of the interim use include the option period to 2017. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to allow outdoor storage of tractors, farm implements and equipment at 2955 th Lone Oak Drive, legally described as Lot 1, Block 1, Blue Ridge 5 Addition, subject to the following conditions: Aye: 4 Nay: 0 1. The Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder’s office, and proof of recording shall be provided to the City. The following exhibits are required for the PD Amendment Agreement:  Site Plan 2. The outdoor storage terminates upon the expiration of the current lease or October 31, 2017; whichever occurs first. 3. The outdoor storage shall be as indicated on the approved Site Plan dated July 9, 2009. 4. Trash dumpsters shall be relocated within the building or within an enclosure consistent with City Code by June 30, 2010. City Council Minutes September 1, 2009 Page 7 5. Equipment being stored on site shall be no more than five years old. ORDINANCE AND FEE SCHEDULE AMENDMENT SANITARY SEWER SERVICE INSPECTIONS City Administrator Hedges introduced this item regarding an amendment to City Ordinance Section 3.40 regarding rules and regulations relating to sanitary sewer service. He noted this item had been discussed at the August 11, 2009 Council workshop. Public Works Director Colbert provided an overview of the ordinance amendment. Councilmember Bakken moved, Councilmember Hansen seconded a motion to adopt an amendment to City Ordinance Section 3.40 (Rules and Regulations relating to Sanitary Sewer Service), authorize its publication by the City Attorney. Aye: 4 Nay: 0 It was noted that the fee schedule amendment will be brought back as a public hearing at a later date. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. The regular City Council meeting was recessed at 11:20 p.m. to immediately convene a meeting of the Economic Development Authority. The regular meeting was reconvened at 12:00 a.m. ADMINISTRATIVE AGENDA There were no items requiring action. VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Bakken moved, Councilmember Tilley seconded a motion to adjourn the meeting at 12:00 p.m. ____________________ _________________________________ Date Administrative Secretary / Deputy Clerk