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08/06/2012 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota AUGUST 6, 2012 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Monday, August 6, 2012 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Tom Hedges, Assistant City Administrator Miller, Assistant City Administrator VanOverbeke, Director of Public Works Matthys, City Planner Ridley, Police Chief McDonald, Fire Chief Scott, Communications Director Garrison, Director of Parks and Recreation Johnson and Executive Assistant Stevenson. AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as presented /modified. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION Mayor Maguire recognized Tuesday, August 7, 2012, as "National Night Out" in the City of Eagan. Police Chief McDonald noted there are 162 registered block parties for National Night Out. Chief McDonald reminded residents to turn on your lights, lock your door and go out and meet your neighbors. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of July 17, 2012 and the amended minutes of July 3 and June 5, 2012. B. Personnel Items 1. Accept the resignation of Detective Doug Matteson effective August 24, 2012, and authorize his replacement after September 1, 2012. 2. Accept the resignation of Steven Evanson, Utility Maintenance Worker, effective August 2, 2012, and authorize his replacement. 3. Approve the hiring of Sally Ricard, Parks & Recreation Central Services Aide at the Central Maintenance Facility. 4. Approve the hiring of Seasonal Employees in Parks & Recreation and Community Development. C. It was recommended to approve Check Registers dated July 20 and July 27, 2012. D. It was recommended to adopt a Resolution accepting donated exercise equipment. E. It was recommended to accept a grant agreement from Invitation Health Institute to enforce underage drinking laws by administering alcohol compliance checks. F. It was recommended to set a Public Hearing date for September 4, 2012 to certify delinquent utility bills. City Council Meeting Minutes August 6, 2012 2 page G. It was recommended to set a Public Hearing date for September 4, 2012 to certify delinquent false alarm bills. H. It was recommended to set a Public Hearing date for September 4, 2012 to certify delinquent mowing bills. I. It was recommended to approve a Temporary On -Sale Liquor License and waive the license fee for People of Praise MN, Inc.'s 41 Anniversary Celebration on September 15, 2012. J. It was recommended to approve a Temporary On -Sale Liquor License for Twin Cities Gay Softball World Series' Softball Tournament on August 16, 17 and 18, 2012. K. It was recommended to approve a Temporary On -Sale Liquor License for Twin Cities Goodtime Softball League's Softball Tournament on August 15, 16 and 17, 2012. L. It was recommended to approve a Temporary On -Sale Liquor License and waive the license fee for Faithful Shepherd Catholic School's Septemberfest on September 22, 2012. M. It was recommended to approve a Sound Amplification Permit and Waiver of fee for an outdoor event at Faithful Shepherd Catholic School Septemberfest Fundraiser at 3355 Columbia Drive. N. It was recommended to approve a Resolution Appointing Deputy City Clerks as Acting City Clerks for the purpose of receiving lawsuits. 0. It was recommended to direct a Preparation of Ordinance Amendment to Chapter 6.53 relative to Consumer Fireworks Permit Fees. P. It was recommended to approve Change Order No. 2 for Contract 12 -10, 2012 Storm Sewer Improvements. Q. It was recommended to authorize a Memo of Understanding with the United States Secret Service for reimbursement of overtime incurred by officers working on financial crime investigations. R. It was recommended to authorize a Request for Reallocation of Dakota County CDA Redevelopment Investment Grant Funds to Cedar Grove Parkway Trail Project. S. It was recommended to approve an agreement with Urban Land Institute Minnesota (ULI) to participate in a Regional Indicators Initiative and authorize the Mayor and City Clerk to sign the appropriate documents. T. It was recommended to approve Final Payment, Contract 10 -11, Ames Crossing Road. U. It was recommended to receive a Petition to Vacate Drainage & Utility Easement, Outlot A Boulder Lakes, and schedule a Public Hearing for September 4, 2012. V. It was recommended to Release and Termination of Agreements related for Lot 1, Block 1, Eagan Place 4 Addition. PUBLIC HEARINGS VARIANCE —1308 RASPBERRY LANE City Administrator Hedges noted the variance comes directly to the City Council and does not require a public hearing before the Planning Commission. City Planner Ridley gave a staff report. Ridley noted City Code requires a minimum 30' structure setback from public right -of -way on property zoned R -1. Andrew Lawrence, the applicant, addressed the City Council regarding his request for a variance. Mayor Maguire opened the meeting for public comment. There being no public comment, he turned the discussion back to the City Council. City Council Meeting Minutes August 6, 2012 3 page Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a 12' Variance to the required 30' structure setback from a public right -of -way to allow a third stall garage addition upon property located at 1308 Raspberry Lane, 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. In accordance with City Code standards, the driveway shall not be more than 22' wide at the property line. 3. A Building Permit shall be obtained prior to commencing construction. 4. The applicant shall locate the property boundaries, or provide a survey prepared by a licensed land surveyor, prior to application for building permit. 5. The proposed addition shall not exceed 15' in width. 6. The addition shall not exceed one story, and the roof design and style shall match the principal structure. 7. The garage addition shall be finished with exterior materials to match the existing principal structure. OLD BUSINESS There were no items for discussion. 1►1AAW- 1 -MIN � PRELIMINARY SUBDIVISION, CONDITIONAL USE PERMIT, VARIANCE — MVTA City Administrator Hedges noted the Advisory Planning Commission held a public hearing on July 24, 2012, and recommended approval of all three requests. City Planner Ridley gave a staff report noting the site is located west of Hwy. 13 between Blackhawk and Shawnee Roads. Ridley noted that the MVTA has recently acquired the adjacent parcel and Metropolitan Council and MVTA are proposing to subdivide the property to incorporate the additional land and create two new parcels to allow separate ownership of the bus garage facility (MVTA), and the fly ash landfill area (Metropolitan Council). The applicant was available for questions. The City Council discussed the issue. Mayor Maguire opened the meeting for public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision (Minnesota Valley Transit Authority 3 Addition) to create two lots upon approximately 16.3 acres located at 3600 Blackhawk Road, legally described as Lot 1, Block 1, Minnesota Valley Transit Authority 2 nd Addition, subject to the following conditions: Aye: 5 Nay: 0 The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, 131, B3, B4, C1, C2, E1. The property shall be platted. This subdivision shall dedicate the public right -of -way needed for Shawnee Road, in accordance with City engineering standards. City Council Meeting Minutes August 6, 2012 4 page 4. Any new rooftop mechanical equipment shall be set back a minimum of 20' from the edge of the structure. If any new rooftop equipment cannot be screened by the parapet, a separate screening structure shall be installed to comply with City ordinance requirements. Compliance with these standards shall be determined at the time of building permit. 5. The applicant shall obtain all necessary permits and approvals from the City, State, or other agencies prior to installation of the fuel tank. 6. Building address numbers shall be reviewed and replaced if necessary to comply with the provisions of Section 2.78 of City Code. 7. All other signage shall meet City Code standards. 8. A photometric lighting plan shall be provided at time of building permit to demonstrate compliance with City Code standards. 9. An easement shall be provided over Lot 2 benefiting Lot 1 for the off -site parking. The parking easement agreement shall be provided to the City Attorney for review and approval. 10. The applicant shall fulfill required tree mitigation through the installation of one - hundred twenty - four (124) Category B trees (or an equivalent number of Category A, B, or C trees) as fulfillment of Tree Preservation requirements. 11. The applicant shall provide a financial guarantee for landscaping and tree mitigation at the time of final subdivision. 12. The applicant shall provide the City Forester a planting plan with specifications for soil amendments and site preparation measures to improve growing conditions and increase long -term survival of the proposed mitigation trees. 13. The applicant shall confirm the conditions of both the development site (bus garage site) and the off -site mitigation area (Cedar Grove Transit Station) and address deficiencies in the existing landscaping before installing any new trees (i.e. identify and replace any unhealthy, damaged or dead trees previously installed with initial development). 14. Prior to installation of the new trees, the applicant shall contact the City Forester for a field review of the mitigation site at the time of installation to review and verify that planting specifications are being followed. 15. Both Lots 1 and 2 are subject to a cash park dedication, which shall be deferred until such time that the site is no longer owned by a public service agency. At such time, there shall be no past credit, and payment in full of the park dedication at the prevailing rate shall be due for all lots. 16. A cash trail dedication shall be collected at the time of final subdivision, prior to releasing the plat for recording. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow off -site parking for property located at 3600 Blackhawk Road, upon proposed Lot 2, Block 1, Minnesota Valley Transit Authority 3rd Addition, subject to the following conditions: Aye: 5 Nay: D 1. This Conditional Use Permit shall be recorded at Dakota County with recording of the Final Plat of Minnesota Valley Transit Authority 3 Addition. 2. An easement shall be provided over Lot 2 benefiting Lot 1 for the off -site parking. The parking easement agreement shall be provided to the City Attorney for review and approval prior to final subdivision and release of the CUP for recording. 3. A photometric lighting plan for the parking lot shall be provided at time of building permit to demonstrate compliance with City Code standards. 4. The parking lot shall satisfy dimensional standards of the City Code, including 24' aisles, 10' x 19' parking stalls, and 5% of the parking area in islands which may provide for planting. City Council Meeting Minutes August 6, 2012 5 page 5. The Applicant is responsible for obtaining any other agency permits or approvals that maybe necessary prior to construction over the landfill area. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Variance to the 25% minimum green space requirement to permit 23% green space for proposed Lot 1, Block 1, Minnesota Valley Transit Authority 3 rd Addition, subject to the following condition: 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. LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. ADMINISTRATIVE AGENDA CITY ATTORNEY There were no items for discussion. CITY COUNCIL COMMENTS There were no items for discussion. CITY ADMINISTRATOR There were no items for discussion. DIRECTOR OF PUBLIC WORKS There were no items for discussion. DIRECTOR OF COMMUNITY DEVELOPMENT There were no items for discussion. VISITORS TO BE HEARD There were no visitors to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 6:50 p.m. Aye:5 Nay:0 City Council Meeting Minutes August 6, 2012 6 page Date 67 J I I .lam J t AA -tll Clerk