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2010-06-01 City Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota June 1, 2010 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Tilley and Hansen. Margo Danner, from the Eagan Lioness Club, spoke to the City Council regarding the City’s participation in partnering with the Eagan American Legion and Eagan Lioness Club in a community project to erect a tribute and memorial in Eagan recognizing hometown heroes. A regular meeting of the Eagan City Council was held on Tuesday, June 1, 2010 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Tilley and Hansen. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, Administrative Services Gene VanOverbeke, Director of Communications Tom Garrison, City Attorney Mike Dougherty and Acting Recording Secretary Mary O’Brien. AGENDA City Administrator noted the need to add Consent Item Q. to the agenda; Set August City Council Workshop. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. CONSENT AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the May 18, 2010 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Seasonal Employees in the Parks and Recreation Department as follows: Kathryn Brueggemann, Coordinator; Lindsey Olson, Guest Services 1; Blake Westling, Thomas Clawson, Kristin Bruner, Pool Attendant 1; Ryan Marks, Charles Williams, Dan Rangitsch, Allen Mestad, Michael Thompson, Landscape Crew Laborer; Cody Johnson, Katie Merkley, Leah Ehret, Park Attendant; Michael Podpeskar, Jennifer Schoenecker, Matt Bailey, Park Laborer; Matthew Steele, Park Maintenance; Chelsea Eaton, Mark Hannasch, Jenni Harms, Anthony Lutovsky, Hilleary Reinhardt, Tennis Assistant; Brien Donahue, Nicole Fischer, Sam Reinhardt, Tennis Instructor. C. It was recommended to ratify check registers dated May 13, 2010 and May 20, 2010 as presented. D. It was recommended to approve a Tree Maintenance Contractor License for Dan Greenwaldt, th Greenwaldt Tree Service, 21553 30 Avenue, Randall, MN 56475. E. It was recommended to approve the fireworks permit for RES Specialty Pyrotechnics Inc. and waive th the license fee as requested by the July 4 Funfest Committee. F. It was recommended to approve the temporary on-sale liquor license and waive the license fee for the Caponi Art Park for a book launch event to be held on June 19, 2010. G. It was recommended to approve the off-sale liquor license for Chamroeun Ung, dba MT Liquory located at 1629 Lena Court #105. City Council Minutes June 1, 2010 Page 2 nd H. It was recommended to approve a Final Subdivision (Lindstrom Acres 2 Addition) of two lots upon 3.76 acres, which relocates the lot line upon 2950 and 2953 Skyline Drive. I. It was recommended to authorize the preparation of an amendment of the City Policy regarding Housing Improvement Districts to conform to statutory amendments enacted during the 2010 Legislative Session. J. It was recommended to authorize the preparation of an application for the designation of the Cedar Grove Redevelopment District as a Transit Improvement Area. K. It was recommended to authorize preparation of DEED Redevelopment Grant Application for infrastructure improvements in Cedar Grove Redevelopment District. L. It was recommended to direct the preparation of a City Code Amendment for the regulation of the location of outdoor boilers. M. It was recommended to direct staff to initiate a Comprehensive Guide Plan Amendment and Rezoning for City-owned property located at 2980 Lone Oak Circle. N. It was recommended to approve specific additions and modifications to the 2010-2011 Winter Trail Maintenance Program as endorsed by consensus at the May 11 Council Workshop. O. It was recommended to approve a Joint Powers Agreement with Dakota County for Traffic Signal Revisions at Diffley Road and Blackhawk Road (Contract 10-01) and authorize the Mayor and City Clerk to execute all related documents. P. It was recommended to approve a license to sell tobacco products for Chamroeum Ung, MT Liquory, 1629 Lena Court #105. Q. It was recommended to set the August City Council workshop date to Monday, August 9, 2010, and cancel the August 10, 2010 date previously set. PUBLIC HEARINGS VARIANCE – 1482 PINETREE TRAIL (BLAINE HERDEGEN) City Administrator Hedges introduced this item regarding a request for a Variance to exceed the maximum 20% building coverage by 1.7% for property located at 1482 Pinetree Trail. City Planner Ridley gave a staff report. Mayor Maguire opened the public hearing. Blaine Herdegen of 1482 Pinetree Trail, Eagan, explained his need for a variance of 1.7% noting the growth of his family and his home being on a corner/curved lot. There being no further public comment, Mayor Maguire turned discussion back to Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to close the public hearing and approve a variance to exceed the maximum 20% building coverage by 1.7%, for property located at nd 1482 Pinetree Trail, legally described as Lot 3, Block 2, Walden Heights, 2 Addition, subject to the following conditions: Aye: 5 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. The Applicant shall obtain a building permit prior to construction of the addition. 3. The Applicant shall identify the property line and verify compliance with required setbacks at the time of the footing inspection. 4. The addition shall be constructed of exterior materials to match the existing structure. City Council Minutes June 1, 2010 Page 3 AMENDMENT TO 2010 FEE SCHEDULE City Administrator Hedges introduced this item regarding an amendment to the 2010 Fee Schedule for State surcharge on permits and printing charges for color copies. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion to Council. There was a brief discussion by Council regarding the charge for colored copies at the Community Center. Councilmember Hansen moved, Councilmember Fields seconded a motion to close the public hearing and amend the 2010 Fee Schedule as follows: Increase State surcharge on permits from $.50 to $5.00, effective July 1; and add fee for color copies (8.5 x 11) of $1.00 per copy, effective immediately. Aye: 5 Nay: 0 OLD BUSINESS There were no items of Old Business. NEW BUSINESS CONDITIONAL USE PERMIT – SUPERIOR GOLF CARS City Administrator Hedges introduced this item regarding a request for a conditional use permit to allow outdoor storage of golf cars, car carrier trailers and semi trailers on property located at 3640 Kennebec Drive, noting the Advisory Planning Commission held a Public Hearing on May 25, 2010 and is recommending approval. City Planner Ridley gave a staff report and presented a visual of the site referencing locations of the golf carts, trailers and storage areas. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Conditional Use Permit to allow outdoor storage of golf cars, car carrier trailers and semi trailers on property located at 3640 Kennebec Drive, legally described as Lot 5, Block 2, Cedar Industrial Park, 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 by June 15, 2010. In addition to the information provided on the plan dated April 30, 2010, the revised Site Plan shall also depict parking stall locations for customers and current/future employees. 3. Parking stalls, per the revised Site Plan, shall be striped no later than August 1, 2010. 4. The outdoor storage shall be limited to 140 golf cars and nine trailers, and storage shall occur in the designated areas as indicated on the Site Plan dated April 30, 2010. 5. If after review by the City, it is determined that additional on-site parking is needed due to extensive on-street parking, additional on-site parking must be provided within one year of notice to the Applicant or its successors or assigns; or the trailer storage parking shall be terminated. 6. Details of a 100% opaque 8’ fence to screen the outdoor trailer storage from public right-of-way shall be provided for review and approval by city staff no later than July 1, 2010 and installed no later than August 1, 2010. 7. The applicant shall submit a Landscape Plan for approval by City Staff no later than July 1, 2010 and installation of the landscaping shall be completed by October 1, 2010. 8. The applicant shall store trash/recycling containers inside the building or in an enclosure that meets City Code requirements and is constructed no later than August 1, 2010. 9. City Code violations pertaining to expired license tabs, non-licensed trucks, outdoor display of golf cars and outdoor storage of pallets and tires shall be corrected immediately. City Council Minutes June 1, 2010 Page 4 5 YEAR CIP – PART III, PUBLIC WORKS INFRASTRUCTURE (2011- 2015) City Administrator Hedges introduced this item regarding the 5 year Capital Improvement Plan for Public Works Infrastructure Part III. Public Works Director Colbert gave a staff report, noting that a draft of the plan had been presented at a Council workshop on May 11. He further noted the total 5 year CIP amounts to $60.1 million and consists of 65 projects throughout the City; including signal modification, intersection improvements, overpass, streetlight maintenance and upgrade, overlay reconstruction, seal coating and water main, storm main and water quality improvements. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the 5-year Capital Improvement Plan for Public Works Infrastructure, Part III (2001-2015) and authorize the initiation of the public improvement process for 2011 programmed improvements. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFARIS UPDATE There were no items for discussion. ADMINISTRATIVE AGENDA There were no items requiring action. VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the meeting at 7:07 p.m. Aye: 5 Nay: 0 ____________________ _________________________________ Date Administrative Secretary / Deputy Clerk