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08/21/2007 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota August 21, 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 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 August 21, 2007 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Carlson, Fields, Tilley and Bakken. 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 the item to be discussed during a closed session of the EDA would be discussed during the City Council closed session. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. 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 August 9, 2007 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to recognize the hiring of Richard Mientkiewicz as part-time building maintenance worker. C. Check Registers. Ratified the check registers dated August 9, 2007, and August 16, 2007 as presented. 07-34 D. Proclamation. It was recommended to proclaim September 6, 2007 Burnsville/Eagan Community Television Volunteer Appreciation Day. E. Tree Maintenance Contractor License. It was recommended to approve a Tree Maintenance Contractor License for Ciardelli Tree & Landscaping, 12441 Coffee Trail, Rosemount, MN. F. Contract 06-01. It was recommended to approve Work Order Numbers 3 and 11-18 for Contract 06-01, TH 149 Reconstruction. G. Contract 06-01. It was recommended to approve a signal relocation agreement with Progressive Rail Incorporated required as part of Contract 06-01, TH 149 Reconstruction and authorize the Mayor and City Clerk to execute all related documents. H. Winter Trail/Sidewalk Maintenance Contract. It was recommended to award the contract to Bever Landscaping for snow removal services for designated trails and sidewalks for the 2007-2008 winter snow and ice season and authorize the Mayor and City Clerk to execute all related documents. I. Winter Street Maintenance Contract. It was recommended to award the contract to Gallagher?s Inc. for snow plowing/removal services for designated streets and cul-de-sacs for the 2007-2008 winter snow and ice season and authorize the Mayor and City Clerk to execute all related documents. J. Tree Maintenance Contractor License. It was recommended to approve a Tree Maintenance Contractor th License for Adelmanns Turf and Tree, Inc., 8925 280 Street W., Northfield, MN. K. Traffic Signal Maintenance. It was recommended to approve a Maintenance Contract for Traffic Signal Painting with Ariel Painting, Inc., and authorize the Mayor and City Clerk to execute all related documents. Eagan City Council Meeting Minutes August 21, 2007 Page 2 L. Extension of Final Subdivision Approval. It was recommended to approve a 90-day extension of the Final Subdivision approval for Marian Addition, to create two single-family lots upon 1.8 acres of land located at 4365 Capricorn Place in the NE ¼ of Section 27. M. Extension of Final Subdivision Approval. It was recommended to approve a 60-day extension of the Final Plat approval for Atlas Addition, to create one lot on approximately 14.9 acres located at 2825 Highway 55 in the S ½ of Section 2. N. Final Subdivision. It was recommended to approve a Final Subdivision (Eagan Hills Alliance Church Addition) to create two lots located south of Diffley Road at 670 and 700 Diffley Road in the NW ¼ of Section 25. O. Extension of CUP. It was recommended to approve a 60-day extension for the following Conditional Use Permits for the property located at 4249 Johnny Cake Ridge Road in the NW ¼ of Section 28. PUBLIC HEARINGS PROJECT 952, BOULDER LAKES STREET & UTILITY IMPROVEMENTS City Administrator Hedges introduced this item regarding the street and utility improvements for Boulder Lakes. Public Works Director Colbert clarified previous discussions pertaining to potential assessments in regard to this project. Kevin Kawlewski, WSB Associates, discussed the Feasibility Report that addresses the extension of trunk water main along Lone Oak Road from Holiday Lane east to the proposed Boulder Lakes Business Park, and the extension of a public street and utilities within Boulder Lakes subdivision to serve the first phase of the proposed subdivision. Public Works Director explained the proposed assessment rates. Mayor Maguire opened the public hearing. Three residents questioned the assessment costs, the possibility of assessment deferment, if hook up to the improvements is required, and what benefit the improvements will provide to their property. Staff addressed the questions. Council discussed residential assessment rates versus commercial rates and concurred that the residential rates would be applied. There being no further public comment, Mayor Maguire closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve Project 952 (Boulder Lakes ? Street and Utility Improvements) with a modified assessment role per Appendix D, Revision 2 and authorize the preparation of detailed plans and specifications, and the acquisition of easements through quick-take eminent domain process, if necessary. Aye: 5 Nay: 0 LOT 5, BLOCK 1, OSTER ADDITION EASEMENT VACATION City Administrator Hedges introduced this item regarding the vacation of a public drainage and utility easement within Lot 5, Block 1 Oster Addition. 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. Eagan City Council Meeting Minutes August 21, 2007 Page 3 Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the vacation of public drainage and utility easement within Lot 5, Block 1 Oster Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 VARIANCE SKYLINE OFFICE BUILDING City Administrator Hedges introduced this item regarding a Variance of 5 feet side yard parking setback to allow a zero setback for a shared access drive for property located at 4145 Old Sibley Memorial Highway. City Planner Ridley gave a staff report. Mayor Maguire opened the public hearing. The property owner to the south of the subject property questioned plans for landscaping. There being no further public comment, Mayor Maguire closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Variance of 5 feet to the required 5 foot side yard parking setback to allow a zero setback for a shared access drive for property located at nd 4145 Old Sibley Memorial Highway, legally described as Lot 1, Block 1, Preusse 2 Addition, in the SW ¼ of Section 19 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. The Declaration of Cross Easements for Driveway Purposes shall be recorded against the property at Dakota County. 3. The drive aisle shall be 24 feet in width. 4. Development shall conform to the Site Plan received July 30, 2007. 5. A building permit must be obtained prior to construction. VARIANCE ? SPECTRUM COMMERCIAL PROPERTIES, LLC City Administrator Hedges introduced this item regarding a 1.6? Variance to the required 20-foot structure setback for a trash enclosure for the Enterprise Rent-A-Car building at 2775 Blue Water Road. City Planner Ridley gave a staff report. The applicant provided some background information regarding the layout of the parking lot. He requested that the proposed condition regarding screening of the rooftop mechanical equipment be reconsidered. Mayor Maguire opened the public hearing. Greg Miller, Grand Oak Business Park, stated he felt the proposed condition of screening of the rooftop mechanical equipment is unnecessary, since building is already constructed. He further requested that landscaping to screen trash enclosure be considered. There being no further public comment, Mayor Maguire closed the public hearing and turned discussion back to the Council. After discussion, Councilmembers concurred that painting the rooftop mechanical equipment to match the color of the building would be sufficient. They further concurred that landscaping around the trash enclosure was not warranted. Eagan City Council Meeting Minutes August 21, 2007 Page 4 Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a 1.6? Variance to the required 20-foot structure setback for a trash enclosure for the Enterprise Rent-A-Car building at 2775 Blue Water Road, legally described as Lot 3, Block 1, Spectrum Business Park, located in the SE ¼ of Section 2, 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. The applicant shall paint the rooftop mechanical equipment to blend with the color of the building with approval by City staff. OLD BUSINESS CLOSED SESSION REGARDING DIFFLEY VENTURE LITIGATION The City Attorney requested a closed session with the City Council to discuss Diffley Venture litigation, which litigation involves the proposed development identified as Diffley Market Place located at the southeast intersection of Lexington Avenue and Diffley Road. The regular City Council meeting was recessed at 8:00 p.m. to convene a closed session in regard to the Diffley Venture litigation and to discuss (as the Economic Development Authority) the possible acquisition of the south portion of the B. J. Mulcahy property in the Cedar Grove Redevelopment District. The regular City Council meeting was reconvened at 8:30 p.m. George Hoff, City Attorney discussed the Diffley Venture litigation settlement. Three residents spoke in favor of the proposed development. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the settlement of the litigation in accordance with the settlement agreement and to authorize counsel to execute all necessary documents. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the Preliminary Planned Development Agreement for Diffley Marketplace with entrance only from Daniel Drive and a three quarters access to the site from Diffley Road. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the Final Planned Development Agreement for a grocery store and two multi-tenant buildings. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the final plat of Diffley Marketplace with the condition that the plat be recorded within sixty (60) days. Aye: 5 Nay: 0 VACATION AND RIGHT OF WAY EASEMENTS, FINAL SUBDIVISION, FINAL PLANNED DEVELOPMENT BOULDER LAKES BUSINESS PARK City Administrator Hedges introduced this item regarding the Boulder Lakes Business Park on Lot 1, Block 1. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the vacation of public drainage and utility easements and right-of-way (Delaware Estates), upon property located north of Lone Oak Road in the SE ¼ of Section 1. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes August 21, 2007 Page 5 Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a final subdivision (Boulder Lakes) to create four lots and two outlots upon approximately 85 acres located north of Lone Oak Road west of the Inver Grove Heights border, in the SE ¼ of Section 1, incorporating the recommendation of the Advisory Parks and Recreation Commission. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a final planned development to allow a 115,750 square foot one-story office building upon Lot 1, Block 1, Boulder Lakes, located on the northeast corner of Lone Oak Road and Ames Crossing Road, in the SE ¼ of Section 1. Aye: 5 Nay: 0 NEW BUSINESS There was no new business. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE LETTER TO THE MSP NOISE OVERSIGHT COMMITTEE REQUESTING CHANGE IN NIGHTTIME USE OF RUNWAY 17 (120 DEGREE HEADING) Assistant to the City Administrator Miller discussed the steadily increasing use of Runway 17 for nighttime and early morning departures which has led to increasing complaints that the City and the MAC have been receiving from impacted neighborhoods. She went on to discuss a proposed letter to the MSP Noise Oversight Committee requesting a change in the use of Runway 17. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a letter to the MSP Noise Oversight Committee requesting a change in nighttime use of Runway 17 (120 degree heading). Aye: 5 Nay: 0 The regular City Council meeting recessed at 8:55 p.m. and a meeting of the Economic Development Authority was immediately convened. The regular City Council meeting was reconvened at 9:00 p.m. ADMINISTRATIVE AGENDA City Administrator Hedges noted that Councilmembers had expressed an interest in having an evening retreat this fall to discuss the City?s 2007-2008 City Goals. Councilmember Fields moved, Councilmember Tilley seconded a motion to schedule a City Council Retreat on September 25, 2007. Aye: 5 Nay: 0 Public Works Director Colbert discussed the incomplete Level III Traffic Study for the possible consolidation of the Postal Service facilities at the Eagan Bulk Mail Center site. He noted that Council may want to consider requesting the Environmental Assessment for the facilities be withdrawn and reissued following completion of the Traffic Study. Councilmember Tilley moved, Councilmember Fields seconded a motion to authorize preparation of correspondence requesting that the Environmental Assessment for the Possible Consolidation of the US Postal Service facilities at the Eagan Bulk Mail Center site be withdrawn and be reissued following the completion of the Level III Traffic Study, to the satisfaction of the City of Eagan and Dakota County. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Bakken moved, Councilmember Tilley seconded a motion to adjourn the meeting at 9:15 p.m. Eagan City Council Meeting Minutes August 21, 2007 Page 6 _______________________________ ___________________________________ 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). 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