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2010-07-06 City Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 6, 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 and Hansen. Councilmember Tilley was absent. Mike Wold, Jean McFarlan and Bill Keats, representing MICA were present to discuss the “Heading Home Dakota County Initiative”. Rachael Lewine provided the Council with information regarding making Eagan more bike friendly. A regular meeting of the Eagan City Council was held on Tuesday, July 6, 2010 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields and Hansen. Councilmember Tilley was absent. 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 Administrative Secretary / Deputy Clerk Mira Broyles. AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 4 Nay: 0 RECOGNITIONS AND PRESENTATIONS Terry Davis, Chair, and the Eagan Art House Board of Directors was recognized for the success of the thth Eagan Art Festival held on June 24 and 25. thth Raleigh Seelig, Chair, and the July 4 Funfest Committee were recognized for the success of the 4 of July Funfest and parade. CONSENT AGENDA Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as presented. Aye: 4 Nay: 0 A. It was recommended to approve the minutes of the June 15, 2010 regular City Council meeting and the June 8, 2010 Special City Council meeting as presented. B. Personnel Items. 1. Approved hiring of Seasonal Employees in Parks & Recreation, Forestry and Streets Divisions 2. Approved hiring of William Cytryszewski and Chad Clausen as Eagan Police Officers effective July 19, 2010 3. Accepted the resignation of Officer James Thielen and authorize his replacement 4. Authorized hiring of Joseph Moseng as an Eagan Police Officer 5. Accepted the resignation of Connie Edwards, effective July 23, 2010, Community Development Clerical Technician III, and authorize her replacement. 6. Approved a change of the Assistant to the City Administrator position from .8FTE to 1.0 FTE and approve a $3,200 budget adjustment to be funded by the General Fund contingency. 7. Authorized continued participation with the Alliance of Cities through CBIZ Benefits and Insurance Services, Inc. for the purpose of going out for bid to solicit pricing for dental plans for the plan year beginning January 2, 2011. Authorized staff to pursue quotes for a fully insured plan as well as a self funded plan. C. It was recommended to ratify check registers dated June 10, 2010 and June 17, 2010 as presented. City Council Minutes July 6, 2010 Page 2 D. It was recommended to authorize the City Attorney’s Office to prepare an ordinance Amendment – Chapter 6, Other Business Regulation and Licensing, Section 6.35 Gambling. E. It was recommended to authorize the City Attorney’s Office to prepare an Ordinance Amendment – Chapter 6, Other Business Regulation and Licensing, Section 6.54 Body Art Establishments. F. It was recommended to approve change orders for Fire Safety Center Project 0902. G. It was recommended to approve a resolution accepting a donation from Flint Hills Refinery for $2,150 for the purchase of water rescue equipment, and approve a budget adjustment increasing revenues and expenditures in the General Fund by $2,150 for the donation and its related expenditure. H. It was recommended to approve a Massage Therapy Establishment License for Christine Suihkonen (Body of Work) to be located at 1570 Century Point. I. It was recommended to approve the list of election judges for the August 10, 2010 Primary Election. J. It was recommended to approve a resolution authorizing the city Clerk to appoint deputy city clerks for the purpose of election administration. K. It was recommended to approve a 120-day extension of the Final Plat approval for Apollo Road Addition consisting of a single lot on approximately 1.4 acres on properties located at 951 Apollo Road in the NW ¼ of Section 11. L. It was recommended to approve a one-year extension of the Preliminary Subdivision approval for Heritage of Highview, consisting of four single-family lots on approximately 1.7 acres on properties located at 1416 and 1420 Highview in the SE ¼ of Section 04. M. It was recommended to adopt a Resolution approving and authorizing submittal of a Transit Improvement Area Designation application and area plan for the Cedar Grove Redevelopment Area and Transit Station. N. It was recommended to approve the final payment for Contract 08-06 (Northwood Parkway – 35 E Overpass) in the amount of $10,000.00 to Lunda Construction Company, and accept the improvements for perpetual City maintenance subject to warranty provisions. O. It was recommended to approve Change Order No. 1 to Contract 10-02 (Citywide Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. P. It was recommended to receive the bids for Contract 10-15 (City Owned and Maintained Traffic Signals – Painting / Reconditioning) and award the contract to Aerial Painting, Inc. for the Base Bid in the amount of $12,030.00, and authorize the Mayor and City Clerk to execute all related documents. Q. It was recommended to receive the Draft Feasibility Report for Project 1033, (Cliff Road – Trunk Water Main Improvements) and schedule a public hearing to be held on August 2, 2010. R. It was recommended to approve Change Orders No. 1 and 2 to Contract 09-20 (Fire Safety Center / Station Trail – Site Grading and Utilities) and authorize the Mayor and City Clerk to execute all related documents. S. It was recommended to approve a Joint Powers Agreement with Gun Club Lake Watershed Management Organization to Implement Runoff-Reduction Project for Schwanz Lake. T. It was recommended to approve Police Officer and Firefighter Sculpture Commission Agreement with Brodin Studios. U. It was recommended to approve a grant application to the Minnesota GreenCorp program, requesting placement of a fulltime GreenCorp member in the cities of Eagan and Burnsville from September 2010-August 2011. V. It was recommended to approve Telecommunication Lease Agreements with Clear Wireless LLC for new antenna installations on the Yankee Doodle water reservoirs and authorize the Mayor and City Clerk to execute all related documents. NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT – ANYTIME FITNESS City Administrator Hedges introduced this item regarding a Planned Development Amendment to permit hours of operation between 5:00 a.m. and 12:00 a.m. for a fitness center in a multi-tenant building located at 1012 Diffley Road. City Planner Ridley gave a staff report. City Council Minutes July 6, 2010 Page 3 John Trautz, Reliance Development, and Joe Longueville, owner of Anytime Fitness, were present to answer questions of the Council. Dave Fabry and Karyn Entzion, area property owners, stated that after meeting with the owner of Anytime Fitness and discussing their concerns, they are supportive of the modified hours of operation. Mayor Maguire and Councilmembers discussed the proposed hours of operation and agreed they were comfortable that a precedent would not be set in regard to other businesses in the development. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to permit hours of operation between 5:00 a.m. and 12:00 a.m. (midnight) for a fitness center in a multi-tenant building located at 1012 Diffley Road, legally described as Lot 3, nd 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 facility should have a phone for emergency calls that is easily accessible to patrons and located in the workout area. 3. Screening shall be added at the space between two retail buildings to reduce headlights on neighboring homes, as acceptable to staff. CONDITIONAL USE PERMIT – PRIMROSE SCHOOL (LOT 3, BLOCK 1, DIFFLEY PLAZA) City Administrator Hedges introduced this item regarding a Conditional Use Permit to permit a child daycare facility upon property located at 4249 Johnny Cake Ridge Road. City Planner Ridley gave a staff report. Darren Storkamp, applicant, was present to answer questions of the Council. Councilmembers discussed traffic flow issues. Mark Thompson, adjacent property owner, expressed his support for the proposed school. Colleen Wagner, area property owner, expressed her support and asked for additional information regarding the proposed landscape plan. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve a Conditional Use Permit to permit a child daycare facility upon property located at 4249 Johnny Cake Ridge Road, legally described as Lot 3, Block 1, Diffley Plaza, subject to the following conditions: Aye: 4 Nay: 0 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder’s Office within 60 days of approval, and proof of recording shall be submitted to the City. 2. The property shall be platted. 3. The daycare shall be operated in compliance with all other County and State regulations. The daycare shall obtain and maintain all required permits and licenses required by the County or State. 4. To facilitate evacuation in the event of an emergency, additional gates shall be installed at the outer edges of the fenced outdoor play areas, with locations subject to approval of the City Fire Marshal. City Council Minutes July 6, 2010 Page 4 5. Prior to release of the CUP for recording, the Landscape Plan shall be revised to the satisfaction of staff to incorporate additional plant materials along the southern boundary as provided for in the 2003 Conceptual Berm Landscaping Plan. 6. There should be no more than two school vans/buses kept or stored on the property. 7. The minimum architectural standard of 65% Class 1 materials shall be satisfied on each of the four building elevations. The elevations plan shall be modified accordingly if necessary, and calculations provided by the architect to verify compliance with this standard, prior to release of the CUP for recording. 8. All site and building signage shall be subject to City Code standards. 9. The photometric plan shall be revised for the building permit application to include all parking lot lighting, and show compliance with City Code standards, and the standards identified in the planning report. 10. The applicant shall complete a sidewalk connection between Johnny Cake Ridge Road and the adjacent lot to the west (Lot 4, Block 1, Diffley Plaza). This sidewalk shall be covered by a private easement between this development and the property owners of Lot 4, in a form acceptable to the City Attorney. 11. “No parking fire lane” signs shall be installed along the length of the shared private drive that serves the Diffley Plaza development. 12. The applicant shall provide on-going maintenance of the prairie plantings to control noxious weeds and invasive species. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. ADMINISTRATIVE AGENDA City Attorney Dougherty and Councilmembers discussed a recent variance lawsuit ruling that would effect all Minnesota cities. Direction was given to staff to prepare correspondence to lobbying organizations. VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Hansen seconded a motion to adjourn the meeting at 8:15 p.m. Aye: 4 Nay: 0 ____________________ _________________________________ Date Administrative Secretary / Deputy Clerk