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02/03/2014 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota FEBRUARY 3, 2014 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire and Councilmembers Bakken, Fields, and Hansen. Councilmember Tilley was absent. A regular meeting of the Eagan City Council was held on Monday, February 3, 2014 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 Osberg, Assistant City Administrator Miller, Director of Communications Garrison, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Police Chief McDonald, Fire Chief Scott and Executive Assistant Stevenson. AGENDA City Administrator Osberg noted a closed session will be held immediately after the regular City Council meeting in Conference Rooms 2 A &B to discuss two claims Procknow v. City of Eagan and McCarty v. City of Eagan. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye :4 Nay:0 RECOGNITIONS AND PRESENTATION Police Chief McDonald introduced the item noting the Police Department recently commissioned two new police canines after the previous dogs unexpectedly passed away. McDonald introduced canines Badger and Bane along with their handlers Officer Andy Helgerson and Officer Rob Waller to the City Council. CONSENT AGENDA Mayor Maguire pulled Item L for further discussion. Councilmember Fields moved, Councilmember Bakken seconded a motion to the Consent Agenda as presented: Aye:4 Nay :0 A. It was recommended to approve the minutes of January 14 and 28, 2014 Special City Council meeting and January 21, 2014 City Council meeting as presented. B. There were no personnel items. C. It was recommended to approve check register dated January 17 and 24, 2014. D. It was recommended to adopt a resolution approving the Exempt Permit for Our Lady of Peace to conduct a raffle on February 8 at Royal Cliff Banquet and Conference Center, 2280 Cliff Road. E. It was recommended to set a public hearing for March 4, 2014 to consider the final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. City Council Meeting Minutes February 3, 2014 2 page F. It was recommended to set a public hearing for March 4, 2014 to consider the final assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. G. It was recommended to set a public hearing for March 4, 2014 to consider the final assessment of the delinquent mowing, noxious weed and refuse removal bills and certify them to Dakota County for collection with property taxes. H. It was recommended to approve Change Order No. 3 to City Contract No.13 -05 (Cedar Grove Parking Garage) and authorize the Mayor and City Clerk to execute all related documents. I. Item removed J. Item removed K. It was recommended to approve the Joint Powers Agreement with the Dakota County Transportation Department for City Project 1150 (Lone Oak Road and Denmark Avenue — Street Improvements), and authorize the Mayor and City Clerk to execute all related documents. L. It was recommended to approve the recommendation of the Public Works Committee regarding a noise wall proposal east of Interstate 35E, north of Deerwood Drive. M. It was recommended to approve the recommendation of the Public Works Committee regarding Project 1110 (Wilderness Run 2nd -4th Additions Street Improvements). N. It was recommended to approve an amendment to the Development Agreement for Eagan Pointe Senior Living (Project 13 -M) providing for the extension of site work completion dates. 0. It was recommended to approve Project 1153 (Trunk Highway 13 /Silver Bell Road and Nicols Road /Cedar Grove Parkway /Silver Bell Road - Intersection Improvements) and authorize the preparation of detailed final plans and specifications for the purpose of soliciting bids for a contract. P. It was recommended to approve the 2014 July 4th fireworks display contract with RES Specialty Pyrotechnics in the amount of $25,000.00 and authorize the Mayor and City Clerk to sign all appropriate documents subject to City Attorney approval. Q. It was recommended to approve a Premise Permit for the Eagan Hockey Association to conduct lawful gambling at Saga Bar and Grill, 525 Diffley Road Suite 2010. PUBLIC HEARINGS VARIANCE — CARY OLSON City Administrator Osberg introduced the item noting the Council is being asked to approve a variance to the height and design standards for an accessory structure upon property located at 3854 Bridgewater Drive. The existing single- family home was constructed on the property in 1993. In 2009, the owner acquired additional land from a neighbor, extending the lot further south. The lot is approximately 90 wide and 370' deep and contains 33,362 SF. City Planner Ridley gave a staff report. The applicant Cary Olson was available for questions. City Council Meeting Minutes February 3, 2014 3 page Mayor Maguire opened the public hearing. Ken and Sheree Hoffman, 791 Mill Run Path, addressed the Council noting their support for the variance. There being no further public comment, Mayor Maguire turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Variance to the height and design standards for an accessory structure upon property located at 3854 Bridgewater Drive, legally described as Lot 5, Block 1, The Oaks of Bridgewater 3rd Addition, subject to the following conditions: Aye:4 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 for the accessory structure within 60 days of Council action. 3. Per the submitted plans, the Variance applies to an accessory structure with a height of 12' and two - tiered roof. PROJECT 1138, CEDAR INDUSTRIAL PARK STREET IMPROVEMENTS City Administrator Osberg introduced the item noting January 7, 2014, the feasibility report for Project 1138 was presented to the City Council and a Public Hearing was scheduled for February 3, 2014, to formally present and discuss the report with the adjacent property owners. Assistant City Engineer Nelson gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve Project 1138 (Cedar Industrial Park — Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0 PROJECT 1114, CEDAR GROVE ADDITIONS STREET IMPROVEMENTS City Administrator Osberg introduced the item noting January 7, 2014, the feasibility report for Project 1114 was presented to the City Council and a Public Hearing was scheduled for February 3, 2014, to formally present and discuss the report with the adjacent property owners. Assistant City Engineer Nelson gave a staff report. The Council discussed the street improvements. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve Project 1114 (Cedar Grove Additions — Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0 City Council Meeting Minutes February 3, 2014 4 page OLD BUSINESS There were no old business items to be heard. NEW BUSINESS PRELIMINARY AND FINAL SUBDIVISION (FOX FOREST THIRD ADDITION) — PETER RAMSTAD City Administrator Osberg introduced the item noting the Council is being asked to approve two actions a Preliminary Subdivision and a Final Subdivision on a shared boundary on property located north of Diffley and west of Lexington Way. Both properties are currently zoned R -1, each are in the McCarthy Shoreland Overlay District and are occupied by a single family residence. Osberg noted a rezoning and subdivision was approved in 2001 for Lot 1 which shared boundary line and rectified a non - conforming condition as the property did not meet the minimum 5 acre requirement of the A zoning district. City Planner Ridley gave a staff report. The applicant, Peter Ramstad, was available for questions. Mayor Maguire asked if anyone in the audience would like to comment on the preliminary and final subdivision. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve a Preliminary Subdivision to relocate a shared boundary on property located north of Diffley Road and west of Lexington Way at 4139 and 4145 Lexington Way, subject to the following conditions: Aye: 4 Nay: 0 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 2, 1993: Al and B1. 2. The property shall be platted. 3. The property owners shall enter into a Final Subdivision Development Contract with the City. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Final Subdivision (Fox Forest Third Addition) to relocate a shared boundary upon approximately 6.89 acres located north of Diffley Road and west of Lexington Way at 4139 and 4145 Lexington Way. Aye: 4 Nay: 0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT —SIGN SOURCE City Administrator Osberg introduced the item noting the request would be an amendment to the Planned Development that would allow for a pylon sign with dynamic display upon property located at 3340 Sherman Court. The property contains an 8,200 SF office building constructed in 2004 as part of Birchwood Office Park. Osberg noted use and development of the property is governed by a Final Planned Development Agreement. City Planner Ridley gave a staff report. The applicant, Greg Rendall, was available for questions. The Council discussed the planned development amendment. City Council Meeting Minutes February 3, 2014 5 page Mayor Maguire asked if anyone in the audience would like to comment on the planned development amendment. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment for a pylon sign with dynamic display upon property located at 3340 Sherman Court, subject to the following conditions: Aye: 4 Nay: 0 1. A Planned Development Amendment Agreement shall be executed and recorded with the Dakota County Recorder's office prior to issuance of a Sign Permit. 2. An administrative Sign Permit is required prior to installation of the new sign panel and dynamic display. 3. The pylon sign panels shall not exceed the dimensions as indicated on the sign exhibit dated December 26, 2013. 4. The pylon sign shall comply with all Sign Code requirements. 5. The wood posts adjacent to the pylon sign shall be removed by July 1, 2014. 6. The pylon sign shall be improved per the original plan with masonry base to match the building and landscaping. The painted portion of the poles shall be repainted as necessary to maintain them in good repair. Construction of the masonry base and repainting of the support poles shall be completed by July 1, 2014. 7. A Landscape Plan for the base of the sign shall be provided for staff review and approval, to be incorporated into the PD Amendment Agreement. The Landscape Plan shall be installed by July 1, 2014. PLANNED DEVELOPMENT AMENDMENT — MFC PROPERTIES (TOWN CENTRE SHOPPES) City Administrator Osberg introduced the item noting the request would be an amendment to the Planned Development to add a drive - through facility upon property located at 3450 Denmark Avenue. The property contains a 19,300 SF multi- tenant retail building constructed in 1988. A drive - through lane is proposed on the south side of the building. City Planner Ridley gave a staff report. The applicant, Bruce Miller with MFC Properties, provided a summary of the request and was available for questions. Mr. Miller asked the Council to give consideration to remove conditions 5 and 6 and the green space restoration plan from condition 1. Mr. Miller stated he is seeking relief from the required conversion of impervious area to green space. He explained with a site upgrade in 2008 that added additional green space of over 1,770 SF they feel they have met the required standards. The Council discussed the planned development amendment. Mayor Maguire noted his concern with the volume of public traffic using the back of the building after taking the left hand turn from the drive - through. Councilmember Fields also noted her concern about the traffic and stated she was not supportive of the current plan. Councilmember Hansen noted his concern regarding the current signage between the southern building and Walgreens - it does not allow a left hand turn going west between the two buildings. Mayor Maguire asked if anyone in the audience would like to comment on the planned development amendment. There being no public comment, he turned the discussion back to the Council. City Council Meeting Minutes February 3, 2014 6 page Councilmember Bakken made note of the Council's the concerns and suggested putting in a cul -de- sac or some larger turning area to allow a right -hand turn. He noted that he is not supportive of the current plan, but would be open to do something different, address the concerns of traffic movement, and still get the tenant the drive - through access that they want. Staff asked for further clarification from Council on the green space issues. Councilmember Bakken and Mayor Maguire stated they believed that no net loss of green space was a reasonable expectation. Councilmember Bakken moved, Councilmember Fields seconded a motion to continue the item to the March 4, 2014 City Council meeting. Aye: 4 Nay: 0 The Council took a 10 minute break. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative /intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA CITY ATTORNEY City Attorney Dougherty noted a closed session will following immediately after the Council meeting to discuss two claims against the City of Eagan, Procknow and McCarty. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Bakken moved, Councilmember Hansen seconded a motion to adjourn the meeting at 8:30 p.m. Aye: 4 Nay: 0 a - lfsk-ly Date A �� Mayor lwga // •__.. City Clerk