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03/06/2007 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota March 6, 2007 A listening session was held on March 6, 2007 at 6:00 p.m. in the Eagan Room of the Municipal Center. Present were Mayor Maguire, Councilmembers Carlson, Fields, Tilley and Bakken. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on March 6, 2007 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Tilley, Carlson, and Bakken. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom Colbert; City Planner Mike Ridley, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS HOLZ FARM FRIENDS OF THE FARM VOLUNTEERS Parks and Recreation Director Johnson recognized Les Boeckman, Eldoris Ohm and Kevin Erickson for the volunteer hours at Holz Farm. LAURA OSNESS Laura Osness, an Eagan High School graduate, was recognized for her participation in the weekly network 07-09 television show ?Grease ? You?re the One That I Want?, where she is a finalist for a part in a Broadway show. Mayor Maguire read a proclamation which was presented to Laura?s father. UPDATE ON RECENT SNOW EVENT / STREET DEPARTMENT Public Works Director Colbert recognized the Street Department for their excellent work in responding to two recent significant snowfalls. He introduced Curt Schlagel and Nancy Bailey, who were representing the Street Department. CONSENT AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the consent agenda as presented. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the February 20, 2007 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to declare the existing inventory of items in the City Store surplus property and authorize the donation of same to a local charity. 2. It was recommended to declare City operations closed on Monday, December 24, 2007, Christmas Eve Day, with the exception of sworn operations of the Police Department. C. Check Registers. It was recommended to ratify the check registers dated February 22, 2007 and March , 2007 as presented. D. 2006 General Fund Budget Adjustments. It was recommended to approve 2006 General Fund budget adjustments related to the Fire, Communications and Administration departments. E. Liquor License. It was recommended to approve a change in management on the on-sale liquor license for Joe Senser?s of Eagan, Inc., dba Joe Senser?s Sports Bar & Grill, 3010 Eagandale Place. Eagan City Council Meeting Minutes March 6, 2007 Page 2 F. Refuse and Recycling. It was recommended to ratify a recommendation of the Public Works Committee that no changes be made to the City Code regarding refuse and recycling. G. Fund Transfers. It was recommended to approve a resolution directing fund transfers from the Sperry Tax 07-10 Increment Fund. H. Donation. It was recommended to acknowledge and accept $700 worth of labor to refurbish the Crisis Negotiator trailer. I. Industrial/Commercial Park Dedication. It was recommended to approve a change to the 2007 industrial/commercial park dedication language to simplify the calculation fees. th J. July 4 Fireworks Contract. It was recommended to approve the 2007 fireworks display contract with RES Specialty Pyrotechnics and authorize the Mayor to sign all appropriate documents. K. Contract 06-05. It was recommended to award Contract 06-05 (Blackhawk Road/Galaxie Avenue and Cliff Road ? Intersection Improvements), to McNamara Contracting, Inc., for the base bid in the amount of $333,891.75, and authorize the Mayor and City Clerk to execute all related documents. L. Project 05-08. It was recommended to approve the final payment for Contract 05-08 (lone Oak Drive and Lone Oak Parkway ? Trail Improvements) in the amount of $131,541.49 to Max Steininger, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. M. Project 951. It was recommended to receive a petition and authorize the preparation of a Feasibility Report by the City Engineer for Project 951 (South Dodd Road ? Lift Station Improvements). N. Contract 04-10. It was recommended to approve the final payment for Contract 04-10 (North Water Treatment Facility ? Landscape and Irrigation Improvements) in the amount of $9,164.67 to Wagner Sod Company, and accept the improvements for perpetual City maintenance subject to warranty provisions. O. Final Subdivision. It was recommended to approve a Final Subdivision (De Witt Addition) to create two single-family lots upon 0.7 acres of land located at 2804 Vilas Lane in the NW ¼ of Section 3. PUBLIC HEARINGS PROJECT 938, NICOLS ROAD ? SIDEWALK IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for the Nicols Road sidewalk improvements. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Final Assessment Roll for Project 938 (Nicols Road ? Sidewalk Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 RD LOTS 1 & 2, BLOCK 1, TERRA GLENN 3 ADDITION EASEMENT VACATION City Administrator Hedges introduced this item regarding the vacation of a public drainage and utility easement rd within Lots 1 & 2, Block 1, Terra Glenn 3 Addition. Public Works Director Colbert gave a staff report. He noted that the easement vacation is intended to coincide with the Terra Glenn Lofts Planned Development Amendment and Final Plat which will be considered under New Business. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Bakken seconded a motion to continue consideration of the rd vacation of public drainage and utility easement within Lots 1 & 2, Block 1, Terra Glenn 3 Addition to coincide with the Terra Glenn Lofts Planned Development Amendment and Final Plat. Aye: 5 Nay: 0 OLD BUSINESS Eagan City Council Meeting Minutes March 6, 2007 Page 3 YANKEE DOODLE ROAD CORRIDOR AND ACCESS MANAGEMENT STUDY City Administrator Hedges noted that this item is being recommended for continuance to allow the Council time to receive comments from the County?s Physical Development Committee which will review the draft report at their March 13, 2007 meeting. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of the Yankee Doodle Road Corridor and Access Management Study to the March 20, 2007 Council meeting. Aye: 5 Nay: 0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT AND FINAL PLAT TERRA GLENN LOFTS City Administrator Hedges introduced this item regarding a planned development amendment to construct a single three story building containing 24 condominiums and final plat for Terra Glenn Lofts. City Planner Ridley gave a staff report and explained how the applicant was proposing to meet the recreation area requirement. The applicant was present to answer questions. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to construct a single three story building containing 24 condominiums at property legally described as rd Lots 1 and 2, Block 1, Terra Glenn 3, in the NW ¼ of Section 16, subject to the following conditions: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder?s office. The following exhibits are necessary for the agreement: ? Final Site Plan ? Final Building Elevation Plan ? Final Tree Preservation Plan ? Final Landscape Plan ? Final Lighting Plan ? Final Signage Plan 2. The property shall be replatted into a single lot. 3. The building shall be constructed as shown on the Site Plan sheets dated December 25, 2006, and received January 31, 2007. 4. The applicant shall fulfill tree mitigation requirements through the verification of the health of fifty- eight (58) existing mitigation trees and the installation of four (4) Category B trees (or an equivalent combination of Category A and/or Category C trees). Total tree mitigation is calculated at sixty-two (62) Category B trees (or equivalent combination of Category A and/or Category C trees). 5. The applicant shall submit a revised Tree Preservation/Landscape Pan that shows the correct placement of tree protection fencing required to protect existing mitigation trees. Required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 6. The applicant shall contact the City Forestry Division and set up a post-construction site inspection to ensure compliance with the approved Tree Preservation Plan. 7. As required by the City Code, the applicant shall provide 4,800 square feet of recreation area on the subject property. 8. The building shall be constructed in a manner to attain a 45 dbl interior noise level. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the vacation of public rd drainage and utility easement within Lots 1 and 2, Block 1, Terra Glenn 3 Addition, in the NW ¼ of Section 16. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes March 6, 2007 Page 4 Councilmember Fields moved, Councilmember Carlson seconded a motion to approve a Final Plat to combine two existing lots into one property legally described as Lot 1, Block 1, Terra Glenn Lofts, in the NW ¼ of Section 16. Aye: 5 Nay: 0 REZONING ? CITY OF EAGAN City Administrator Hedges introduced this item regarding a rezoning of 3.73 acres from T, Transitional to R-3, Residential Townhouse, for part of Lot 3, Auditor?s Subdivision No. 38, located at 3401 Highway 55. City Planner Ridley gave a staff report. Vern Schaaf, one of six property owners, shared the Land Use designation and Zoning of the site for the last five- seven years and his belief that the existing buildings are in good shape and still have utility for a similar use to Schaaf Construction. A brief discussion was held relative to non-conforming uses. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Rezoning of 3.73 acres from T, Transitional to R-3, Residential Townhouse, for part of Lot 3, Auditor?s Subdivision No. 38, located at 3401 Highway 55 in the NE ¼ of Section 12. Aye: 5 Nay: 0 INTERIM USE PERMIT ? SOWLES PROPERTIES City Administrator Hedges introduced this item regarding an Interim Use Permit for outdoor storage including trucks, semi-tractors and trailers, steel beams, a 113-foot tower crane, crane parts and other construction equipment at 3045 Sibley Memorial Highway. City Planner Ridley gave a staff report. The applicant, Dan Sowles, was available for questions. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an Interim Use Permit for outdoor storage including trucks, semi-tractors and trailers, steel beams, a 113-foot tower crane, crane parts and other construction equipment at 3045 Sibley Memorial Highway in the NW ¼ of Section 9, subject to the following conditions: Aye: 5 Nay: 0 1. The Interim Use Permit shall be recorded at Dakota County Recorder?s office within 60 days of its approval by the City Council. 2. The permit shall terminate March 6, 2012 (a five year term) 3. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The Interim Use Permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. If any type of aggregate surfacing is used for the outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 5. All parking and storage areas shall be properly maintained to prevent deterioration. 6. The outdoor storage items shall be limited to what is provided for with the site plan dated January 29, 2007. 7. A more detailed plan for Area #6 shall be submitted for review and approval by the Fire Marshal. 8. Trash receptacles shall be kept either inside the building or within an enclosure constructed according to City Code. Eagan City Council Meeting Minutes March 6, 2007 Page 5 9. Upon recording the Interim Use Permit, all other Interim or Conditional Use Permits for the property shall terminate. PLANNED DEVELOPMENT AMENDMENTS ? KELLER WILLIAMS City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow wall signage on the existing office buildings on Lot 1, 2, and 3, Block 1, Yankee Square Addition, and a Planned Development Amendment to allow an off-premise monument sign on Lot 2, Block 1, Yankee Square Addition. City Planner Ridley gave a staff report. Kim Eisen, Keller Williams, requested that internally-lit channel letter signage be allowed. After a brief discussion, Councilmembers concurred that either halo-lit or internally-lit channel letter signage would be acceptable. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow wall signage on the existing office buildings on Lots 1, 2, and 3, Block 1, Yankee Square Addition located in the NE ¼ of Section 16, subject to the following conditions: Aye: 5 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder?s office. 2. The wall signs shall be located and constructed as shown on the Site Plan sheet dated December 14, 2006. 3. A tenant must occupy a minimum of 5,000 square feet of leasable space in said building to be allowed wall signage. 4. All signage shall be of similar size, not to exceed the square footage allowed for the Keller Williams sign, to maintain appropriate balance on the building. 5. All business signs mounted on a building shall be similar in design. 6. All signage must be halo-lit or internally-lit individual channel letters or symbols. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve an off-premise monument sign on Lot 2, Block 1, Yankee Square Addition located in the NE ¼ of Section 16, subject to the following conditions: Aye: 5 Nay: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder?s office. 2. The monument sign shall be constructed as shown on the Sign Plan dated February 19, 2007. 3. The monument sign shall be located as shown on the Site Plan dated January 25, 2007. RESOLUTION SUPPORTING SPECIAL LEGISLATION FOR THE CREATION OF A TAX INCREMENT FINANCING DISTRICT FOR THOMSON EXPANSION City Administrator Hedges introduced this item regarding legislation to permit the use of tax increment financing for the potential Thomson expansion at 610 Opperman Drive. Community Development Director Hohenstein discussed the special legislation that would permit the creation of an Economic Development Tax Increment Financing District to assist with the costs associated with site improvements and construction of the expansion. Rick King, Executive Vice President and Chief Operations Officer for Thomson provided an overview of the proposed expansion. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a resolution supporting 07-11 enabling legislation to permit the use of tax increment financing for the potential Thomson expansion at 610 Opperman Drive. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE Eagan City Council Meeting Minutes March 6, 2007 Page 6 City Administrator Hedges provided an update regarding testimony given by Mayor Maguire before a Senate Committee in support of special legislation for the creation of a Tax Increment Financing District for an expansion at the Thomson Legal and Regulatory Property. He also stated that staff is monitoring the MAC legislative issue and the transportation issue regarding Highway 149. The regular City Council meeting was recessed at 7:55 p.m. and a meeting of the Economic Development Authority was immediately convened. The regular City Council meeting was reconvened at 8:05 p.m. . ADMINISTRATIVE AGENDA City Administrator Hedges discussed the City of Eagan Work Program/Council Standing Committee items that are scheduled for consideration. VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the regular meeting at 8:20 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.