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10/02/2007 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota October 2, 2007 A Listening Session was held at 6:00 p.m. in the Eagan Room prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Tilley and Bakken. Councilmember Carlson was absent. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on October 2, 2007 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Tilley, Fields and Bakken. Councilmember Carlson was absent Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert; City Attorney Michael Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that items I, Z and AA on the Consent Agenda would be continued and the first item under New Business on the EDA agenda regarding the Cedar Grove Shell Station would be continued. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye: 4 Nay: 0 RECOGNITIONS AND PRESENTATIONS Communications Director Garrison presented the winners of the 2007 Picture Eagan Photo Contest. CONSENT AGENDA Items I, Z and AA were pulled. Councilmember Bakken pulled item F. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the consent agenda as amended. Aye: 4 Nay: 0 A. Minutes. It was recommended to approve the minutes of the September 18, 2007 regular City Council meeting, the September 11, 2007 Special City Council meeting, and the September 25, 2007 City Council Retreat as presented. B. Personnel Items. 1. It was recommended to accept the letter of resignation from Brian Caron, Police Officer. 2. It was recommended to acknowledge the hiring of Karen Grimm as a CSO/Animal Control Officer which was approved at the September 18, 2007 Council meeting. C. Check Registers. It was recommended to ratify the check registers dated September 13 and September 20, 2007 as presented. D. Cancel Meeting. It was recommended to cancel the October 9 and the November 13, 2007 Special City Council meetings. E. Schedule Meeting. It was recommended to schedule Special City Council meetings for October 30 and November 8, 2007 at 5:30 p.m. F. Tax Forfeited Property. Mayor Maguire moved, Councilmember Tilley seconded a motion to declare the following parcels as non-conservation land: 3-0 Bakken abstained. 07-41 1. 10-42500-080-00 (Knob Hill of Eagan Outlot H) 2. 10-13800-010-00 (Berry Ridge Addition Outlot A) rd 3. 10-14992-050-01 (Briar Hill 3 Addition Lot 5, Block 1) 4. 10-33050-071-01 (Hilltop of Eagan Lot 7, Block 1) 5. 10-33050-083-01 (Hilltop of Eagan Part of Lot 8, Block 1) 6. 10-01200-011-05 (Unplatted Part of Section 12) G. Assessment Agreement. It was recommended to approve an assessment agreement with the property owner (Heide Schiela) for 4420 Dodd Road. Eagan City Council Meeting Minutes October 2, 2007 Page 2 H. Heart Healthy Living Program Agreement. It was recommended to approve the renewal of a contract with Heart Healthy Living, P.A. to provide cardiac rehabilitation maintenance program services at the Eagan Community Center and direct the Mayor and City Clerk to sign the agreement document. I. Tobacco License. Councilmember Fields moved, Councilmember Bakken seconded a motion to continue indefinitely a Tobacco License for Bassil Dyab to sell tobacco products at Go For It Gas, 4206 Nicols Road. Aye: 4 Nay: 0 J. Election Judges. It was recommended to approve the list of election judges for the November 6, 2007 Special City Election. K. Set Public Hearing. It was recommended to set a public hearing for November 5, 2007 to consider the 07-42 final assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. L. Set Public Hearing. It was recommended to set a public hearing for November 5, 2007 to consider the 07-43 final assessment of the delinquent weed cutting bills and certify them to Dakota County for collection with property taxes. M. Set Public Hearing. It was recommended to set a public hearing for November 5, 2007 to consider the 07-44 final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. N. Contract 06-01. It was recommended to approve Work Order Numbers 22-30 for Contract 06-01, TH 149 Reconstruction. O. Contract 06-01. It was recommended to approve Supplemental Agreement Numbers 2B, 3B and 5 for Contract 06-01, TH 149 Reconstruction. P. Project 01-V. It was recommended to acknowledge the completion of Contract 01-V (Summit Hill ? Street and Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. Q. Joint Powers Agreement. It was recommended to approve a revision to the Joint Powers Agreement with Dakota County, Rosemount and Apple Valley for Lebanon Hills Regional Park Storm Water Management and Project 905R and authorize the Mayor and City Clerk to execute all related documents. R. Project 942. It was recommended to receive the Final Assessment Roll for Project 942 (Deerwood Drive ? Street Overlay) and schedule a public hearing to be held on November 5, 2007. S. Project 946. It was recommended to receive the Final Assessment Roll for Project 946 (Thomas Center Drive ? Street Overlay and schedule a public hearing to be held on November 5, 2007. st T. Project 947. It was recommended to receive the Final Assessment Roll for Project 947 (Fawn Ridge 1 / nd 2 Additions ? Street Overlay) and schedule a public hearing to be held on November 5, 2007. U. Project 948. It was recommended to receive the Final Assessment Roll for Project 948 (Westbury Additions ? Street Overlay) and schedule a public hearing to be held on November 5, 2007. V. Project 949. It was recommended to receive the Final Assessment Roll for Project 949 (Lexington Square Additions ? Street Overlay) and schedule a public hearing to be held on November 5, 2007. W. Capital Improvement Plan. It was recommended to approve Dakota County?s draft 5-year Transportation Capital Improvement Program for 2008 ? 2012. X. Project 951. It was recommended to approve an Easement Agreement for Project 951 (South Dodd Road ? Utilities and Lift Station Improvements) with the owner of Parcel No. 10-03600-030-51 and authorize the Mayor and City Clerk to execute all related documents. Y. Final Subdivision, Planned Developments . It was recommended to approve a Final Subdivision to create 2 lots upon 2.88 acres located at the SW corner of Pilot Knob Road and Buffet Way in the NE ¼ of Section 4. It was recommended to approve a Final Planned Development for a gas station and convenience store with car wash upon Lot 1, Block 1, Manley commons, located at the SW corner of Pilot Knob Road and Buffet Way in the NE ¼ of Section 4. It was recommended to approve a Final Planned Development for a retail building, with drive-through service, upon Lot 2, Block 1, Manley Commons, on the SW corner of Pilot Knob Road and Buffet Way in the NE ¼ of Section 4. Z. Final Subdivision. Mayor Maguire moved, Councilmember Tilley seconded a motion to continue a Final Subdivision (Dodd Parkside) to create 12 single family lots upon 5.08 acres located east of Dodd Road and south of Red Pine Lane in the SW ¼ of Section 36. Aye: 4 Nay: 0 AA. Uniform Signage Plan. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue to October 16 consideration of a Uniform Signage Plan to allow additional signage for a Eagan City Council Meeting Minutes October 2, 2007 Page 3 seasonal Farmers Market at the Grand Oak Office Building located at 2805 Dodd Road, legally described as Lot 1, Block 1, Grand Oak Five, in the NE ¼ of Section 2. Aye: 4 Nay: 0 BB. Tobacco License. It was recommended to approve a Tobacco License for Holiday Stationstores to sell tobacco products at 1650 Diffley Road. PUBLIC HEARINGS VARIANCE ? DAVID MEYER City Administrator Hedges introduced this item regarding a variance to allow a detached accessory structure in the front yard at 526 Chapel Lane. City Planner Ridley gave a staff report. David Rehder, representing the applicant was present to answer any questions of the Council. Mayor Maguire opened the public hearing. Three area residents expressed their concerns and opposition to the proposed garage being located in the front yard. There being no further public comment, Mayor Maguire closed the public hearing and turned discussion back to the Council. Staff responded to issues that were raised by the residents that spoke. Councilmembers discussed the concerns of the neighboring property owners and the hardship expressed by the applicant and it was the consensus of the Council that due to hardship issues being self-imposed and the objection of the neighbors, the variance should not be granted. Councilmember Fields moved, Mayor Maguire seconded a motion to direct Findings of Fact for Denial for a Variance to allow a detached accessory structure in the front yard on the East 100 feet of Lot 17, Burrview Acres, located at 526 Chapel Lane, in the NE ¼ of Section 12 to be considered on October 16, 2007. Aye: 4 Nay: 0 VARIANCE ? 1863 COVINGTON LANE (HUNTER BILL WAY) City Administrator Hedges introduced this item regarding a request for a variance of 5? to the required 5? rear yard setback; a variance of 4? to the maximum 10? side wall height for an accessory structure; and a variance to the architectural standards for an accessory building for property located at 1863 Covington Lane. City Planner Ridley gave a staff report. Hunter Way, applicant discussed the reasons for the requested variances. Mayor Maguire opened the public hearing. Five residents, including Mr. Way?s daughter, spoke, stating they have no objection to the requested variances and the improvements to the accessory structure. Rick Chodek, resident, questioned the 0? setback to the rear property line. He expressed his opposition to the proposed variances. Staff responded to questions raised by Mr. Chodek regarding the rear property line setback. Councilmembers discussed the possibility of screening on the east side of the structure but came to the conclusion that it would not be necessary. Eagan City Council Meeting Minutes October 2, 2007 Page 4 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a variance of 5? to the required 5? rear yard setback for the property located at 1863 Covington lane, legally described as Lot 10, Block 1, nd Park Ridge 2 Addition, I the NW ¼ of Section 32 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 I the variance. 2. The applicant shall execute an Encroachment Agreement, prepared at the applicant?s expense, to allow the structure to remain within the public drainage and utility easement. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a variance of 4? to the maximum 10? side wall height for an accessory structure for the property located at 1863 Covington lane, legally nd described as Lot 10, Block 1, Park Ridge 2 Addition, I the NW ¼ of Section 32 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 I the variance. 2. The applicant shall execute an Encroachment Agreement, prepared at the applicant?s expense, to allow the structure to remain within the public drainage and utility easement. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a variance to the architectural standards for an accessory building on property located at 1863 Covington lane, legally described as Lot 10, Block nd 1, Park Ridge 2 Addition, in the NW ¼ of Section 32 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 I the variance. 2. The applicant shall execute an Encroachment Agreement, prepared at the applicant?s expense, to allow the structure to remain within the public drainage and utility easement. 3. The exterior finish materials (siding, roofing, etc.) shall match the principal structure in type and color. VARIANCE ? 4635 NICOLS ROAD (NICOLS SUITES, INC.) City Administrator Hedges introduced this item regarding a variance to allow a detached trash enclosure, and a Variance of 5? to the minimum required structure setback of 50? from a state highway, for property at 4635 Nicols Road. City Planner Ridley gave a staff report. The applicant stated he was available for questions. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a variance to allow a detached trash enclosure and a variance of 5? to the minimum required structure setback of 50? from a state highway for property at 4635 Nicols Road 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. A building permit shall be obtained prior to commencing construction. Eagan City Council Meeting Minutes October 2, 2007 Page 5 OLD BUSINESS There was no Old Business. NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT ? USA CREDIT UNION City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow an ATM at the front entrance of the building located at 1519 Central Parkway. City Planner Ridley gave a staff report. Bruce Hermanson, representing USA Credit Union, discussed the proposed ATM. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to allow an ATM at the front entrance of the building located at 1519 Central Parkway, legally described as Lot 1, Block 1, Yankee Doodle Professional Building, located in the SE ¼ of Section 9, subject to the following conditions. Aye: 4 Nay: 0 1. An amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder?s office. 2. The applicant shall submit two sets of folded full size plan sheets (min 1? = 100? scale; 22? x 34?) of both the Landscape Plan and First Floor Reflected Ceiling Lighting Plan dated August 15, 2007. 3. The applicant shall submit two sets of folded full size plan sheets (min 1? = 100? scale; 22? x 34?) as well as reduced 8 ½ x 11? copies of an enlarged and revised Landscape Plan of the front entrance area. The ornamental grasses must be replaced with a shrub or perennial with a maximum full growth height of two feet. 4. The applicant shall submit two sets of folded full size plan sheets (min 1? = 100? scale; 22? x 34?) as well as reduced 8 ½ x 11? copies of a Photometric Plan identifying lighting levels at the front entrance area. 5. The applicant shall submit two sets of folded full size plan sheets (min 1? = 100? scale; 22? x 34?) as well as reduced 8 ½ x 11? copies of a Lighting Specification Sheet for the proposed lights used in the front entrance area. CONDITIONAL USE PERMIT ? CITI CARGO City Administrator Hedges introduced this item regarding a Conditional Use Permit for outside storage of semi trailers on property located at 900 Apollo Road. City Planner Ridley gave a staff report. Al Ofstehage representing Citi Cargo discussed the use of the site and the proposed outside storage of semi trailers. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit for outside storage of semi trailers on property located at 900 Apollo Road, legally described as Lot 1, Block 1, Apollo Subdivision, in the NE ¼ of Section 11, subject to the following conditions: Aye: 4 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The bituminous surfacing shall be patched where necessary, and new concrete curb installed at the edge of pavement in areas where none currently exists. 3. All new and existing parking spaces and storage areas should be striped, surfaced with bituminous surface, concrete curb and gutter and storm drainage provided. 4. Landscaping/screening shall be provided so that the trailers are not visible from public right-of-way per the plan received August 15, 2007. 5. The outdoor trailer storage shall be limited to a maximum of 128 trailers and storage shall occur in the designated parking areas as indicated on the Site Plan dated May 1, 2007 and received August 15, 2007. 6. This CUP is intended and shall supersede and replace any and all prior Conditional Use Permits previously issued to the Property. Eagan City Council Meeting Minutes October 2, 2007 Page 6 ORDINANCE AMENDMENT FOR DYNAMIC SIGNAGE ? CITY OF EAGAN City Administrator Hedges and Community Development Director Hohenstein discussed this item regarding an Ordinance Amendment to Chapter 11, Section 11.70, Subd. 28 as it relates to dynamic signage. It was noted that the dynamic signage issue was previously discussed at a City Council work session. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an Ordinance Amendment to Chapter 11, Chapter 11.70, Subd. 28; specifically as it relates to dynamic signage. Aye: 4 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to terminate the moratorium on dynamic signage upon publication. Aye: 4 Nay: 0 COMMENTS REGARDING ENVIRONMENTAL ASSESSMENT FOR POTENTIAL CONSOLIDATION OF USPS FACILITIES AT EAGAN BULK MAIL CENTER SITE City Administrator Hedges and Community Development Director Hohenstein provided background information on the potential consolidation of USPS facilities at the Eagan bulk mail center site. It was noted that the City of Eagan has consistently communicated that it would only be willing to serve as a host to the expanded facility if the issues that the City has identified as essential for the development of the property are included in the project and that the costs of mitigating impacts the parties identified would need to be paid for by the project. It was further noted that USPS has chosen not to meet the City?s needs. Councilmember Fields moved, Councilmember Tilley seconded a motion to take a position to actively oppose the consolidation of the USPS facilities at the Eagan location until a binding written commitment is received by the City from the USPS or another responsible agency that the connection of Denmark Avenue will be completed and funded as a part of the relocation project. Aye: 4 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to authorize the submission of comments regarding the Environmental Assessment for the USPS Twin Cities Consolidation Project. Aye: 4 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to authorize staff to explore the potential for the City to call for a public hearing on the environmental review and/or an Environmental Impact Statement to address outstanding issues. Aye: 4 Nay: 0 BOARD OF ADJUSTMENTS AND APPEALS CENTRAL IRRIGATION City Administrator Hedges discussed the request b y Central Irrigation Co., Inc for a hearing before the Board of Adjustments and Appeals to consider removal of conditions 2, 8, 11 and 12 of a Conditional Use Permit that was approved on May 1, 2007. Councilmember Bakken moved, Mayor Maguire seconded a motion to adopt a resolution denying the request for a hearing before the Board of Adjustments and Appeals as being untimely and moot. Aye: 4 Nay: 0 The regular City Council meeting was recessed at 9:30 p.m. and a meeting of the Economic Development Authority was immediately convened. The regular City Council meeting was reconvened at 9:35 p.m. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE Eagan City Council Meeting Minutes October 2, 2007 Page 7 There were no legislative / intergovernmental updates. ADMINISTRATIVE AGENDA The City Council directed the following items to the City?s Finance Committee for review, study and recommendation: ? 2007 Payable Market Value Homestead Credit ? Status of Fund Balances ? Community Investment Fund (CIF) a. Civic Arena Improvements b. Fire Apparatus ? Ladder Truck c. DCC Capital Funding ? Fire Apparatus Funding VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Fields moved, Councilmember Bakken seconded a motion to adjourn the meeting at 9:40 p.m. _______________________________ ___________________________________ Date Administrative Secretary / Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance.