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04/17/2007 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota April 17, 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, Carlson, Tilley and Bakken. Doug Hestner discussed the signage on City buildings regarding guns not being welcome on the premises. He requested that Council take action to have the signs removed. Councilmembers concurred that the signs should remain. Eric Hedke and Betty Fedde representing the Charter Commission discussed expenditures submitted to the City for payment. After discussion there was no direction to place the request on a regular City Council meeting agenda for any further consideration. A regular meeting of the Eagan City Council was held on April 17, 2007 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Carlson, Tilley and Bakken. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom Colbert; City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. CONSENT AGENDA Councilmember Bakken 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 April 4, 2007 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of John Rogers as a Crime Analyst in the Police Department. 2. It was recommended to approve the hiring of Jordan Hirman as a manager-on-duty at the Campus Facilities. 3. It was recommended to accept the letter of resignation from Virgil Stewart, full-time custodian at the Community Center. C. Check Registers. It was recommended to ratify the check registers dated April 5, 2007 and April 12, 2007 as presented. D. Liquor License. It was recommended to approve the off-sale liquor license for Brar Enterprises, Inc., dba Blackhawk Liquor, 4130 Blackhawk Road. E. Tobacco License. It was recommended to approve a Tobacco License for Brar Enterprises, dba Blackhawk Liquor, 4130 Blackhawk Road. F. Surplus Property. It was recommended to declare bicycles, unclaimed property and miscellaneous City property to be surplus and sold at the Burnsville city auction on May 5, 2007. G. Contract. It was recommended to approve a contract with the City of Burnsville for auction services in conjunction with the City of Burnsville auction to be held on May 5, 2007. H. Interpreter Services. It was recommended to approve the agreement with Language Line Services, Inc. to provide over-the-phone interpreter services. I. Delinquent Accounts Receivable Write-Off. It was recommended to approve delinquent accounts receivable write off ($982.28) for the interim use permit ? 4355 South Robert Trail. J. Tree Maintenance Contractor License. It was recommended to approve a Tree Maintenance Contractor th License for Greenwaldt Tree Trimming, 21553 30 Avenue, Randall, MN. Eagan City Council Meeting Minutes April 17, 2007 Page 2 K. Project 952. It was recommended to receive a petition and authorize the preparation of a Feasibility Report by the City Engineer for Project 952 (Boulder Lakes ? Street & Utility Improvements). L. Contract 06-05. It was recommended to approve Change Order No. 1 (misc. street repair) to Contract 06- 05 (Blackhawk Road / Galaxie Avenue & Cliff road ? Intersection Improvements) and authorize the Mayor and City Clerk to execute all related documents. M. Extension of Final Subdivision. It was recommended to approve a 120 day extension of the Final Subdivision approval for 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. N. Establishment of Task Force. It was recommended to authorize the establishment of an Ad Hoc Economic Goals and Policy Group to recommend an economic development vision, goals and policies for consideration in the Comprehensive Guide Plan update and to authorize staff to investigate a possible facilitator for the group. O. Thomson Expansion Project. It was recommended to approve a resolution to call for a Public Hearing on 07-18 June 5, 2007 on the proposed establishment of a Project Plan and Economic Development Tax Increment Financing District for the potential expansion of the Thomson-West?s Eagan Campus. P. Request for Street Name Change. It was recommended to accept the request to consider the name change st of 81 Street, west of Coachman Road, to Hunt Drive. Q. Agreement. It was recommended to approve an agreement between U-CARE and the City of Eagan to provide an Enhance Fitness program for U-CARE members at the Eagan Community Center. R. Contract. It was recommended to approve entering into a contract with Smarte Carte to provide locker rentals at Cascade Bay and authorize the Mayor to sign the appropriate documents. S. Donation. It was recommended to accept a donation of $4000 from City & County Credit Union for the Eagan Market Fest 2007. T. Alternate to Steering Committee. It was recommended to appoint Jon Hohenstein, Director of Community Development, as the alternate to the Robert Street Corridor Steering Committee. U. Comprehensive Guide Plan Amendment. It was recommended to direct staff to initiate technical corrections to the Land Use and Parks and Recreation sections of the Comprehensive Guide Plan. V. Contract 06-01. It was recommended to acknowledge the rejection of bids and authorize a variance to the Construction Activity Noise Regulations to allow construction activity between the hours of 4:00 a.m. and 12:00 a.m. (midnight), Monday through Saturday for Contract 06-01 (TH 149 ? Upgrade). W. Arbor Day / Month. It was recommended to acknowledge Eagan as the recipient of the 2006 Tree City USA Award from the National Arbor Day Foundation, and approve the Arbor Day Resolution setting 07-19 Thursday, May 17 as Arbor Day and May, 2007 as Arbor Month in the City of Eagan. PUBLIC HEARINGS There were no public hearings. OLD BUSINESS PLANNED DEVELOPMENT AMENDMENTS ? SAM?S CLUB City Administrator Hedges noted that this request for planned development amendments to allow a temporary greenhouse for outdoor seasonal sales and an extension of hours for the motor fuel facility on property located at 3035 Denmark Drive was tabled at the April 4, 2007 City Council meeting to allow discussion with the applicant regarding the modification to the proposed location of the greenhouse. Community Development Director Hohenstein provided an overview of the planning report. Dave Koecheler, Sam?s Club, discussed the proposed location for the greenhouse and indicated he had no problem with relocating the site of the outdoor sales. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to allow a temporary greenhouse for outdoor seasonal sales on property located (per the site design highlighted in blue dated April 17, 2007) at 3035 Denmark Drive, legally described as Lot 3, Block 1, Eagandale Center Industrial Park Number 9, in the NE ¼ of Section 10, subject to the following conditions: Aye: 5 Nay: 0 Eagan City Council Meeting Minutes April 17, 2007 Page 3 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 seasonal sales shall be allowed between the dates of April 1 and July 1 each year. 3. A building permit is required prior to construction of the greenhouse each year. 4. Only one seasonal sale or outdoor event shall occur at one time subject to City Ordinances. st 5. All sales should cease and the structures should be removed by July 1 each year. 6. The site shall be kept in a neat and orderly manner and the display of items shall not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. 7. Any storage and display of plant materials outside the greenhouse shall not extend beyond the width of the greenhouse itself, or more than 8 feet from the end of the greenhouse wall. Additionally, any outside displays shall be contained within an enclosure such as a temporary fence. 8. Hours of operation shall be between the hours of 7:00 a.m. and 8:30 p.m. Monday through Saturday, and 10:00 a.m. and 6:00 p.m. Sundays. 9. This Amendment is intended to supplement and amend the existing Planned Development Agreement. All other conditions and provisions of the existing Planned Development Agreement shall remain in full force and effect. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow an extension of hours for the motor fuel facility on property located at 3035 Denmark Drive, legally described as Lot 3, Block 1, Eagandale Center Industrial Park Number 9, in the NE ¼ of Section 10, subject to the following conditions: Aye: 5 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. There shall be an attendant at the fueling facility at all times during operating hours. 3. The motor fuel facility shall operate only between the hours of 5:00 a.m. and 10:00 p.m. Monday through Sunday. 4. This Amendment is intended to supplement and amend the existing Planned Development Agreement. All other conditions and provisions of the existing Planned Development Agreement shall remain in full force and effect. NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT AND FINAL PLANNED DEVELOPMENT ? CERASIS City Administrator Hedges introduced this item regarding a planned development amendment to change the approved use from daycare to office, upon approximately 1.95 acres located on property in the NW ¼ of Section 12. Community Development Director Hohenstein gave a staff report. Quinn Hutson, representing Cerasis, was present to answer any questions of the Council. Councilmember Fields moved, Councilmember Carlson seconded a motion to approve a Planned Development Amendment to change the approved use from daycare to office, upon approximately 1.95 acres located on property legally described as Lot 1, Block 3, Oakview Center, in the NW ¼ of Section 12, subject to the following conditions: Aye: 5 Nay: 0 1. A Final Planned Development shall be required and an agreement be prepared and recorded at the Dakota County Recorder?s Office prior to issuance of a building permit. The following plans are required for the Final Planned Development. 2. All green and landscaped areas shall be irrigated. 3. The applicant shall submit a revised landscape Plan that removes the retaining wall and landscaping from the drainage and utility easement located on the east side of the property. 4. The Landscape Plan shall be reviewed when the proof of parking area is developed and additional plantings may be required west of the drive aisle to appropriately screen the additional parking area. Eagan City Council Meeting Minutes April 17, 2007 Page 4 5. This development shall install nine Category B trees to fulfill the tree mitigation obligation for Oakview Center as shown on the Landscape Plan. 6. Site lighting shall be through 400 watt metal halide fixtures pole-mounted at a height of 20 feet. All fixtures shall be downcast and shielded to prevent glare. Any building mounted security lighting shall also be shielded and downcast to prevent glare. 7. Building signage shall comply with City Sign code requirements. 8. This site is allowed one free-standing monument sign. All such signs must be set back a minimum of 10 feet from all property lines. 9. The monument sign base shall be constructed of the same materials used for the principal building. 10. The property owner shall be required to enter into an agreement with the City for the winter maintenance of the small portion of Courthouse Lane between the proposed east entrance and the temporary cul-de-sac, until Courthouse Lane is extended to the east, in a form acceptable to the City Attorney. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Final Planned Development for a 10,291 square foot office building upon 1.95 acres (lot 1, Block 3, Oakview Center), in the NW ¼ of Section 12. Aye: 5 Nay: 0 REZONING AND PRELIMINARY SUBDIVISION (DODD PARKSIDE) DODD PARKSIDE, LLC City Administrator Hedges introduced this item regarding a rezoning from A, Agriculture, to R-1, Single family, and a preliminary subdivision to create 12 single family lots on approximately 5.08 acres on property located at 4920 Dodd Road. Community Development Director Hohenstein gave a staff report. Ken Rosland, applicant, addressed the concerns that were expressed by neighboring property owners at the Advisory Planning Commission meeting. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a rezoning from A, Agriculture, to R-1, Single family, of approximately 5.08 acres located at 4920 Dodd Road in the SW ¼ of Section 36. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision to create 12 single family lots upon approximately 5.08 acres for property located at 4920 Dodd Road in the SW 1/4 of Section 36, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, B2, B3, B4, C1, C2, C3, and D1. 2. The property shall be platted. 3. Architectural design and construction methods should incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA on those structures adjacent to Highway 3 and those within 750? of the Gun Club. 4. The developer shall record a covenant and declaration as notification to future buyers that the development is within 750? of the Gun Club. 5. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to final subdivision approval. 6. All erosion/sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 7. All personnel responsible for the construction and management of erosion/sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 8. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. Eagan City Council Meeting Minutes April 17, 2007 Page 5 9. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 10. The developer shall obtain a MNDOT drainage permit prior to final subdivision approval for the proposed outlet drainage onto Highway 3 right-of-way. 11. The outlet from the proposed pond shall be constructed with an outlet skimmer structure in accordance with City engineering standards. 12. The developer shall provide storm water management to control rates of storm water runoff to adjacent properties to less than or equal existing runoff rates. 13. A public improvement project and award of a contract providing for the construction of a lift station to serve the development and the surrounding area, shall be approved prior to final subdivision approval for this development. 14. The developer shall be responsible for the extension of water main within Dodd Road to the development. 15. The proposed street (Street B) shall be constructed with a temporary cul-de-sac turnaround with a pavement diameter minimum of 90 feet, in accordance with City code and the preliminary site plan. 16. The developer shall provide a temporary public easement over the temporary cul-de-sac in the southeast corner of the development. 17. The developer shall be required to enter into an agreement with the City for the winter maintenance of the small portion of the public street leading from the existing house driveway, in a form acceptable to the City Attorney. 18. This development shall be responsible for a warranty requirement stating that any preserved/transplanted tree which is not alive or in a healthy state, as determined by the City, or which subsequently dies due to construction activity within one (1) year after the date of project closure, shall be removed by the Applicant and replaced with a new, healthy tree meeting the same size requirements within eight (8) months of removal. 19. This development shall be responsible for a cash parks dedication for the newly created lots. 20. This development shall be responsible for a cash trails dedication for the newly created lots. 21. To be compliant with standards set forth in the Water Quality Management Plan, this development shall construct the stormwater treatment basin in accordance with City standards. The area of the parcel that does not drain to the basin shall be subject to water quality cash dedication. COMPREHENSIVE GUIDE PLAN AMENDMENT ? MANLEY COMMONS City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment that would change the land use designation from Office Service to Retail Commercial for property located at the southwest corner of Pilot Knob Road and Buffet Way. Community Development Director Hohenstein gave a staff report. Kurt Manley, Manley Commercial, discussed the need for convenience amenities in the area. Councilmember Tilley moved, Councilmember Fields seconded a motion to direct staff to submit to the Metropolitan Council a Comprehensive Land Use Plan Amendment that would change the land use designation from O/S, Office/Service, to RC Retail Commercial, for property located at the southwest corner of Pilot Knob Road and Buffet Way in the EN 1/4of Section 4. Aye: 5 Nay: 0 ORDINANCE AMENDMENT CITY OF EAGAN City Administrator Hedges introduced this item regarding an Ordinance Amendment to Chapter 11, to permit community service activities (i.e. food shelf, education, training, etc.) as accessory uses in the Public Facility Zoning District. Community Development Director Hohenstein gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an Ordinance Amendment to Chapter 11, to permit community service activities (i.e. food shelf, education, training, etc.) as accessory uses in the Public Facility Zoning District. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes April 17, 2007 Page 6 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no updates. ADMINISTRATIVE AGENDA City Administrator Hedges discussed a proposed Land Use Agreement with Blue Cross Blue Shield for use of their property for soccer fields . Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Land Use Agreement with Blue Cross Blue Shield for the Provision of Public Soccer Fields on Blue Cross Land. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Tilley moved, Councilmember Bakken seconded a motion to adjourn the meeting at 7:30 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.