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2010-04-06 City Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota April 6, 2010 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Bakken, Hansen, and Tilley. Richard Heyl was present to discuss concerns in regard to his being stalked. Chief of Police McDonald stated he would provide additional information to the Council and be in contact with Mr. Heyl. A regular meeting of the Eagan City Council was held on Tuesday, April 6, 2010 at 6:30 p.m. at the Eagan Municipal Center. Present were Acting Mayor Fields, Councilmembers Bakken, Hansen, and Tilley. Also present were City Administrator Tom Hedges, 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 additional action needed to be added to Consent Item U. He also th noted that an update on the 150 Anniversary food drive would be provided under Recognitions and Presentations. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Mayor Maguire recognized Bob Cooper, Alan Miller, Duane Brusehaver, Bill Raker, Sharon Miller, Joan Wright, Mary Dahlke, Sam Dahlke, and Emily McKown for their long-term volunteerism to community television. th Assistant to City Administrator Miller provided an update on the 150 Anniversary food drive. CONSENT AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the March 16, 2010 regular City Council meeting and the March 9, 2010 Special City Council Minutes as presented. B. Personnel Items. 1. The resignation of Jake Nicklay, Budget Accountant / Analyst, was recognized. 2. The hiring of Courtney Seaberg, Human Resources Specialist was recognized. C. It was recommended to ratify the check registers dated March 18, 2010 and March 25, 2010 as presented. D. It was recommended to declare 1978 Fire Engine surplus and authorize its sale. E. It was recommended to authorize donation of used fire turnout gear to School District 196. F. It was recommended to approve Tree Maintenance Contractor Licenses for Castle Rock Tree Service, LLC, and Midwest Tree Care. G. It was recommended to approve the temporary on-sale liquor license and waive the license fee for Trinity School at River Ridge for a spring gala event on April 17, 2010. H. It was recommended to approve a change in management on the on-sale liquor license at Joe Senser’s of Eagan, Inc., dba Joe Senser’s Sports Grill and Bar. I. It was recommended to accept a proposal from Northern Capital Insurance Group for insurance broker services, subject to the execution of a signed agreement between the City of Eagan and Northern Capital. City Council Minutes April 6, 2010 Page 2 J. It was recommended to set a public hearing for May 4, 2010 to consider the final assessment of the delinquent false alarm bills and certify them to Dakota County for collection and property taxes. K. It was recommended to set a public hearing for May 4, 2010 to consider the final assessment of the delinquent weed cutting bills and certify them to Dakota County for collection and property taxes. L. It was recommended to set a public hearing for May 4, 2010 to consider the final assessment of the delinquent board up bills and certify them to Dakota County for collection and property taxes. M. It was recommended to set a public hearing for May 4, 2010 to consider the final assessment of the delinquent refuse removal bills and certify them to Dakota County for collection and property taxes. N. It was recommended to approve the 2010 Use Agreement for Blue Cross Blue Shield fields. O. It was recommended to accept a donation of $900 from Abigayle Daley and her family to memorialize a park bench in Central Park. P. It was recommended to approve a new Lease Agreement between the City of Eagan and St. Croix Harley Davidson. Q. It was recommended to adopt a resolution to participate in the Dakota County Hazard Mitigation Plan Update Process. R. It was recommended to approve a clarification of the condition regarding the days of operation for the West End Gun Club to be Sunday, Tuesday, Wednesday and Thursday. S. It was recommended to adopt the 2030 City of Eagan Comprehensive Guide Plan Update. T. It was recommended to implement a Comprehensive Guide Plan Amendment changing the land us designation from SA (Special Area) to QP (Quasi Public), to allow for a Fire Safety Center for property located at 1001 Station Trail, legally described as Lot 1, Block 1, Eagan Fire Station No. 2. And; it was recommended to approve a rezoning from Planned Development (PD) to Public Facility (PF) for a Fire Safety Center for property located at 1001 Station Trail, legally described as Lot 1, Block 1, Eagan Fire Station No. 2.; and it was recommended to approve a Planned Development Amendment to remove this property from the Planned Development for property located at 1001 Station Trail, legally described as Lot 1, Block 1, Eagan Fire Station No. 2, subject to the condition listed in the APC minutes. U. It was recommended to implement a Comprehensive Guide Plan Amendment changing the land use designation from SA (Special Area), to MD (Medium Density), to allow for a residential townhome development upon approximately 12.91 acres located west of Lexington Avenue and north of rd Northwood Parkway, legally described as Lot 2, Block 1, Northwood Business Park 3 Addition. It was recommended to approve a Rezoning from Business Park (BP) to Planned Development (PD) for a residential townhome development upon approximately 12.91 acres legally described as Lot 2, rd Block 1, Northwood Business Park 3 Addition. It was recommended to approve a Preliminary Planned Development Amendment consisting of 47 townhome dwelling units upon a 12.91 acre site rd legally described as Lot 2, Block 1, Northwood Business Park 3 Addition, subject to the conditions listed in the APC minutes. It was recommended to approve a vacation of public drainage and utility rd easements within Lot 2, Block 1, Northwood Business park 3 Addition. V. It was recommended to award Contract 10-02 (Cityside Street Improvements) to Bituminous Roadways, Inc., for the base bid in the amount of $909,450.15 and authorize the Mayor and City Clerk to execute all related documents. W. It was recommended to receive the Bids and award Contract 10-08 to Insituform for the base bid amount of $112,500 and authorize the Mayor and City Clerk to execute all related documents. X. It was recommended to approve a Traffic Control Signal Agreement for Project 925 (Yankee Doodle Road and Promenade Avenue – Intersection and Street Improvements) with the Dakota County Transportation Department and authorize the Mayor and City Clerk to execute all related documents. Y. It was recommended to authorize Design Nine as Eagan’s 2010 Broadband Consultant for a cost not to exceed $25,000 and direct staff to enter into an agreement with Design Nine, subject to approval by the City Attorney. Z. It was recommended to reschedule a public hearing to consider the petition to vacate public right-of- way formerly known as Old Sibley Highway and Old Sibley Memorial Highway to be hold on May 4, 2010. AA. It was recommended to approve a 60-day extension of time to record the Final Play for Cedar Grove Park and Ride, consisting of 9 acres, located at 4035 Nicols Road. City Council Minutes April 6, 2010 Page 3 BB. It was recommended to set a public hearing for May 4, 2010 to consider the final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. PUBLIC HEARINGS There were no public hearings. OLD BUSINESS ORDINANCE AMENDMENT – CHAPTER 6, OTHER BUSINESS REGULATION, SECTION 6.34, TOBACCO (TOBACCO LICENSEES DERIVING 90% OR MORE OF ITS TOTAL REVENUE FROM TOBACCO, TOBACCO PRODUCTS AND TOBACCO RELATED DEVICE SALES) City Administrator Hedges discussed this item regarding an ordinance amendment that would allow self service of tobacco and tobacco products in establishments that do not permit anyone under 21 to enter. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an ordinance amendment to Chapter 6, Other Business Regulation, Section 6.34 Tobacco. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT – ALEXANDER’S MOVING, AND STORAGE City Administrator Hedges introduced this item regarding a conditional use permit for outside storage of semi trailers on property located at 2811 Beverly Drive. City Planner Ridley gave a staff report. Dick Honza representing Alexander’s Moving and Storage discussed the applicant’s proposal not to enclose or screen the trash dumpster and cardboard compactor because the trailers associated with the outdoor storage will act as a physical screen. Discussion was held regarding screening of the trash containers and it was the consensus of the Council that an enclosure be constructed that is esthetically compatible with the building exterior. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Conditional Use Permit for outside storage of semi trailers on property located at 2811 Beverly Drive, legally described as Lot 1, Block 1, Atlas Addition, 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 applicant shall submit a revised Site Plan with the revised parking stall locations, identifying the setback from Beverly Drive right-of-way, stall/drive aisle dimensions and proof-of-parking locations. No net loss of parking shall occur. 3. The applicant shall construct a minimum of 13 parking stalls by October 1, 2010. 4. The proof-of-parking area shall be constructed within 90 days of notification from the City. 5. The outdoor storage shall be limited to a maximum of 22 semi-trailers and storage shall occur in the designated parking areas as indicated on the Site Plan received March 3, 2010. 6. The applicant shall enclose the trash and/or recycling containers in an enclosure that is esthetically compatible with the building exterior and meets the approval of City staff approval, no later than July 1, 2010. 7. Impacted trees shall be relocated as identified on the Landscape Plan received March 3, 2010. No net loss of trees shall occur. 8. The applicant shall construct the new entrance onto Beverly Drive with a concrete entrance apron in accordance with City engineering standards. 9. The applicant shall also modify the existing catch basin structure impacted by the new entrance on Beverly Drive, in accordance with City engineering standards. City Council Minutes April 6, 2010 Page 4 TEMPORARY PARKING ON SLATER ROAD – CITY OF EAGAN City Administrator Hedges introduced this item regarding a request to temporarily allow parking on the east side of Slater Road from Cliff Road to Cinnamon Ridge Trail from April 7, 2010, to September 2, 2010. Public Works Director Colbert gave a staff report noting that the temporary parking is being requested to accommodate a number of construction worker personal vehicles expected during the refurbishing of adjacent multi-family properties scheduled to begin this month. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a request to temporarily allow parking on the east side of Slater Road from Cliff Road to Cinnamon Ridge Trail from April 7, 2010 to September 2, 2010. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA There were no items that required action. VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember moved, Councilmember seconded a motion to adjourn the meeting at 7:55 p.m. Aye: 5 Nay: 0 ____________________ _________________________________ Date Administrative Secretary / Deputy Clerk