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02/01/2005 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota February 1, 2005 A Listening Session was held February 1, 2005 at 6:00 prior to the regular City Council meeting. There were no citizens who wished to be heard. A regular meeting of the Eagan City Council was held on February 1, 2005 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira McGarvey. AGENDA City Administrator Hedges noted that item H under the Consent Agenda would be moved to Public Hearings after item E. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS AWARD OF SAFE AND SOBER VIDEO CAMERA Safe and Sober Law Enforcement Liaison Bob O?Brien and Gordy Phrso from the Department of Public Safety made a presentation regarding the award of an in-squad video camera. CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the January 18, 2005 regular City Council meeting and January 18, 2004 Listening Session as presented. B. Personnel Items. 1. It was recommended to approve hiring Springsted for the purpose of assisting in the recruitment of a Parks and Recreation Director. 2. It was recommended to approve the hiring of Dorene Perkins as a part-time Manager-on-Duty at the Community Center. 3. It was recommended to approve the hiring of Jessica Longtine as a part-time Fitness Instructor at the Community Center. C. Check Registers. It was recommended to ratify the check registers dated January 20, 2005 and January 27, 2005 as presented. D. On-Sale Liquor License. It was recommended to approve a change in management on the on-sale liquor license for Red Robin located at 1230 Town Centre Drive. E. Contract 05-01. It was recommended to approve the plans and specifications for Contract 05-01 (Windcrest / Salden Heights / Thomas Lake Heights / St. Francis Woods Additions ? Street Improvements), authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, March 3, 2005. F. Contract -4-05. It was recommended to receive the bids for Contract 04-05 (Well #20 ? Pumping Equipment) and award the contract to Encomm Midwest in the amount of $189,189 and authorize the Mayor and City Clerk to execute all related documents. G. Contract 04-10. It was recommended to award Contract 04-10 (North Water Treatment Plant ? Landscaping and Irrigation) to Wagner Sod Co., Inc., for the Base Bid in the amount of $232,394.11 and authorize the Mayor and City Clerk to execute all related documents. H. Moved to Public Hearings. I. 2005-2006 City Council Goals. It was recommended to ratify the 2005-2006 City Council Goals. Eagan City Council Meeting Minutes February 1, 2005 Page 2 J. Contract 05-02. It was recommended to approve the plans and specifications for Contract 05-02 (Ridgecliffe / Cinnamon Ridge Additions / Coachman Road ? Street Improvements), authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, March 10, 2005. Motion was made by Maguire, seconded by Tilley to approve the Consent Agenda as presented. Aye: 5 Nay: 0 PUBLIC HEARINGS ND PROJECT 911, BERKSHIRE / SAFARI 2 ADDITIONS STREET OVERLAY IMPROVEMENTS nd City Administrator Hedges introduced this item regarding street overlay improvements for Berkshire / Safari 2 Additions. Assistant City Engineer Gorder gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve Project 911 (Berkshire / nd Safari 2 Additions ? Street Overlay Improvements) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 918, PILOT KNOB ROAD ? CENTRAL PARKWAY TO LONE OAK ROAD STREET & TRAFFIC SIGNAL IMPROVEMENTS City Administrator Hedges introduced this item regarding street and traffic signal improvements for Pilot Knob Road, Central Parkway to Lone Oak Road. Public Works Director Colbert gave a staff report. Tim Plath of SEH presented the Feasibility Report. Mayor Geagan 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 Maguire seconded a motion to approve Project 918 (Pilot Knob Road, Central Parkway to Lone Oak Road ? Street and Traffic Signal Improvements), authorize the preparation of detailed final plans and specifications for a contract that may be let within 2 years after said approval, and the acquisition of right-of-way and easements through quick-take Eminent Domain, if necessary. Aye: 5 Nay: 0 VARIANCE - @ HOME APARTMENTS (VIEW POINTE APARTMENTS) City Administrator Hedges introduced this item regarding a request for a 31 stall Variance to the required number of enclosed parking stalls and a 28-stall Variance to the total number of parking stalls for the 327 unit View Pointe Apartments complex at 3909 Valley View Drive South. City Planner Ridley gave a staff report. The applicant discussed plans to upgrade the apartment complex Mayor Geagan opened the public hearing. Angela Smith, 2053 Bluestone Lane, discussed undue hardship guidelines in regard to the issuance of variances as outlined by the League of Minnesota Cities. She expressed concern in regard to the impact changes to the subject site could have on her property. Staff explained to Ms. Smith that there would be no changes made to the portion of the subject property which is adjacent to her property. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Eagan City Council Meeting Minutes February 1, 2005 Page 3 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a 31 stall Variance to the required number of enclosed parking stalls and a 28 stall Variance to the total number of parking stalls for the 327 unit View Pointe Apartments complex at 3909 Valley View Drive South, in the NE 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 property shall be platted prior to issuance of the building permit for construction of the new rental office building. 3. The new rental office building shall meet required setbacks. VARIANCE ? MIDDLESTADT BROTHERS City Administrator Hedges introduced this item regarding a request for a 2.5 percent Variance to the building coverage maximum of 20 percent for new construction of a single family home located on Lot 8, Block 1, Woodland Place. City Planner Ridley gave a staff report. Teresa and Thomas Mitsch discussed their need for a larger rambler style house which would require the proposed variance. Dan Fulford, with Middlestadt Brothers, discussed the plans for the house. He stated there are lots within the development that would have accommodated the larger home, but they had been sold to other buyers. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmembers discussed the possibility of a precedent being set if the variance for this vacant property is approved. Mr. and Mrs. Mitsch were asked if they would like to continue consideration of the variance to see if alterations could be made to the house plans that would better suit the lot. Mr. Mitsch indicated he was not interested in downsizing the proposed house by 400 square feet. Councilmember Carlson moved, Councilmember Fields seconded a motion to direct Findings of Fact for Denial of a 2.5 percent Variance to the building coverage maximum of 20 percent for new construction of a single family home located Lot 8, Block 1, Woodland Place in the NW ¼ of Section 36 to be prepared by the City Attorney and brought back to the February 15, 2005 Council meeting. Aye: 3 Nay: 2 (Geagan and Tilley opposed) LOT 7, BLOCK 1, MCCARTHY RIDGE AND LOT 19, BLOCK 3 OSLUND TIMBERLINE EASEMENT VACATION City Administrator Hedges introduced this item regarding a vacation of public drainage and utility easements at 1581 McCarthy Road. Public Works Director Colbert gave a staff report. Mayor Geagan 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 vacation of public drainage and utility easements on Lot 7, Block 1, McCarthy Ridge and Lot 19, Block 3 Oslund Timberline (1581 McCarthy Road) and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 nd City Planner Ridley discussed the final plat of McCarthy Ridge 2 Addition which combines two lots into one for properties located at 1581 McCarthy Road in the NE ¼ of Section 9. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the final plat for McCarthy nd Ridge 2 Addition located at 1581 McCarthy Road in the NE ¼ of Section. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes February 1, 2005 Page 4 ORGANIZATIONAL BUSINESS EAGAN CONVENTION AND VISITORS BUREAU APPOINTMENTS Councilmember Fields moved, Councilmember Tilley seconded a motion to appoint Councilmember Carlson, City Administrator Hedges and Chief Financial Officer Pepper the Eagan Convention and Visitors Bureau Board of Directors. Aye: 5 Nay: 0 AMM APPOINTMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to recommend the endorsement of City Councilmember Maguire for appointment to the AMM Board of Directors for a term of two years. Aye: 5 Nay: 0 OLD BUSINESS REZONING, PRELIMINARY SUBDIVISION, PRELIMINARY PLANNED DEVELOPMENT (FORMER DIAMOND T SITE) ? TOLL BROTHERS City Administrator Tom Hedges provided background information on the proposed Steeplechase development which was presented to the City Council at their January 4, 2005 regular meeting. The item was continued at that time to allow the developer time to address issues discussed at the meeting, which included public streets rather than private, no connection to Wellington Way, internal connection between public streets, attached units broken up into smaller plexes, and wetland mitigation on-site. City Planner Ridley briefly discussed the revised site plan. Eric Macbeth, Water Resources Coordinator, discussed the wetland exemption determination and the wetland boundary/type decision. Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve and adopt the wetland exemption as determined by the City?s Water Resources Coordinator for the property located at 4889 Pilot Knob Road. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve and adopt the wetland boundary / type decision as determined by the City?s Water Resources Coordinator for the property located at 4889 Pilot Knob Road. Aye: 5 Nay: 0 Joey Zorn, Toll Brothers, discussed the revised site plan. Councilmembers discussed the revised plan and made suggestions to the developer. It was the general consensus that Wellington Way not be opened to connect with Pilot Knob Road. It was noted that due to the changes in the plan, it will be necessary for the application to go back to the Advisory Commissions for review. Councilmember Tilley moved, Councilmember Fields seconded a motion to acknowledge the receipt of a revised, yet incomplete, development application for Steeplechase and to note the need for review by the advisory commissions following complete submittal of application material. Aye: 5 Nay: 0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT (THRIFTY CAR RENTAL) City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow outdoor storage of up to 10 cars in the parking lot, for Thrifty Car Rental located at 1964 Rahncliff Court. City Planner Ridley gave a staff report. Eagan City Council Meeting Minutes February 1, 2005 Page 5 Councilmembers questioned the extent of maintenance to the vehicles that would take place outside the facility. The applicant was not present. Councilmember Fields moved, Councilmember Tilley seconded a motion to direct findings of fact for denial for a Planned Development Amendment to allow outdoor storage of up to 10 cars in the parking lot, for Thrifty Car Rental located at 1964 Rahncliff Court, in the NE ¼ of Section 32. Aye: 4 Nay: 1 (Maguire opposed) PLANNED DEVELOPMENT AMENDMENT ? PEANUT?S PLACE City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow overnight boarding of dogs at Peanut?s Place, 1248 Town Centre Drive. City Planner Ridley gave a staff report. Discussion was held with Katie Labrosse, the applicant, regarding the additional kennels to be constructed. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow overnight boarding of dogs at Peanut?s Place, 1248 Town Centre Drive, 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 prior to commencing overnight boarding. 2. Overnight boarding of up to 20 dogs is permitted, subject to the construction of additional kennels inside the building. The number of overnight boarding kennels shall not exceed 15. 3. The total number of animals, both daycare and boarded dogs, in the facility at one time shall not exceed 35. 4. Staff hours of operation for boarded animals shall be 6:00 a.m. and 8:00 p.m. every day. 5. Customer service hours shall be 7:00 a.m. to 6:30 p.m. Monday through Friday, 8:00 a.m. to 6:00 p.m. Saturday and 12:00 p.m. to 6:00 p.m. Sunday. 6. A security system shall be installed. 7. The applicant shall maintain a current kennel license. 8. The premises shall be open for inspection by the City and the City shall have the right to inspect the premises. 9. All signage is subject to City Code requirements. 10. The fenced area behind the building shall be covered by a canvass awning that is an earth tone color that will be complementary to the Town Centre Shops building. 11. The designated bathroom area for the animals shall be cleaned daily. 12. All other terms and conditions of the 2002 Planned Development Amendment shall remain in full force and effect. PLANNED DEVELOPMENT AMENDMENT ? DAKOTA RIDGE, LLC (BEST WESTERN) City Administrator Hedges introduced this item regarding a Planned Development Amendment for remodeling of the Best Western hotel at 3450 Washington Drive. City Planner Ridley gave a staff report. Mike Berkopec, representing Dakota Ridge, LLC discussed the signage proposed for the project. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment for remodeling of the Best Western hotel at 3450 Washington Drive, Lots 1 and 2, Block 1, th Bicentennial 8 addition, in the NE ¼ of Section 16, subject to the following conditions: Aye: 5 Nay: 0 1. An Amendment to the Planned Development Amendment Agreement shall be executed and recorded with the Dakota County Recorder?s Office. 2. The following exhibits are required for the Planned Development Amendment Agreement. ? Building Elevations ? Site Lighting Plan Eagan City Council Meeting Minutes February 1, 2005 Page 6 ? Signage Plan 3. The property shall be replatted as a single parcel prior to issuance of any permits for the exterior improvements to the building, lighting or signage. 4. Parking lot lighting and building mounted lighting shall be shielded and downcast, and the accent building lighting shall be shielded and directed such that the source of light is not visible from off the property. 5. The existing pylon sign on the northeast corner of the property shall be removed as well as signage on the east side. 6. To improve screening of the trash storage and service area, additional landscaping shall be installed along the south side of the service drive. The new landscaping shall be installed by September 30, 2005. CAPONI PROPERTY ACQUISITION / CAPONI ART PARK UPDATE City Administrator Hedges stated there was nothing new to report on in regard to the Caponi property acquisition at this time. NEW RUNWAY / AIRPORT UPDATE Assistant to the City Administrator Miller provided a brief update on the runway / airport issue. ADMINISTRATIVE AGENDA CONCEPTUAL APPROVAL OF FIBER PROJECT JOINT POWERS AGREEMENT City Administrator Hedges discussed a proposed Joint Powers Agreement with the Cities of Eagan, Apple Valley, Burnsville, Dakota County and Independent School District 196. Communications Director Garrison provided additional information at the request of the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to give conceptual approval, subject to the City Attorney and City Administrator?s approval, to a Joint Powers Agreement for Development of a Fiber Project between the Cities of Eagan, Apple, Burnsville, Dakota County, and Independent School District 196. Aye: 5 Nay: 0 REDEVELOPMENT DISTRICT UPDATE Community Development Director Hohenstein provided an update regarding the City?s redevelopment districts. The regular City Council meeting was recessed at 9:16 p.m. to convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 9:20 p.m. VISITORS TO BE HEARD Peter Coyle, representing Lone Oak Development, LLC and Laukka Beck Eagan Partnership, addressed the Council regarding a traffic study prepared by the City?s traffic consultant, SRF Consulting Group, for the northeast Eagan redevelopment area. He requested that either the City?s land use moratorium in that area be lifted for the property owned by Loan Oak Development and Laukka Beck Eagan Partnership or the moratorium be expanded to incorporate all commercial development in northeast Eagan. Eagan City Council Meeting Minutes February 1, 2005 Page 7 ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 9:25 p.m. Aye: 5 Nay: 0 _____________________________ ___________________________________ Date Administrative Secretary / Deputy 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.