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07/05/2005 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 5, 2005 A Listening Session was held July 5, 2005 at 6:00 p.m. prior to the regular City Council meeting. All members of the City Council were present. James Oslund discussed his concerns in regard to drainage issues at 2987 Pilot Knob Road. Public Works Director Colbert addressed the issue stating that engineering staff has been working with the developer. Council directed staff to continue communication with the developer and Mr. Oslund. Terry Simmons discussed concerns in regard to the Hawthorne Ridges project landscape plan. Council directed this issue to be discussed at the July 19, 2005 regular City Council meeting. A regular meeting of the Eagan City Council was held on July 5, 2005 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Fields, Tilley, Carlson 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 Daugherty and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that an item regarding federal funding for Highway 149 would be added under New Business. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the June 21, 2005 regular City Council meeting and the June 15, 2005 special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Tori Johnson as a seasonal parks maintenance worker. C. Check Registers. Pulled for separate vote. D. Checklist. It was recommended to approve a checklist for the consideration of R-2 and R-3 development in LD Low Density Comprehensive Guide Plan Districts and authorize preparation of City Code Amendment. E. Contract 05-01. It was recommended to approve Change Order #1 to Contract 05-01 (Citywide Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. F. Contract 05-02. It was recommended to approve Change Order #1 to Contract 05-02 (Citywide Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. G. Contract 04-04. It was recommended to approve Amendment No. 1 to Cooperative Agreement No. 86692 for Contract 04-04 (Lexington Avenue, Lone Oak Road to HT 55 ? Street and Trail Improvements) and authorize the Mayor and City Clerk to execute all related documents. H. Contract 02-17. It was recommended to approve the final payment for Contract 02-17 (Cedar Grove Redevelopment Area and Central parkway ? Streetscaping and Lighting Improvements) in the amount of $17,097.68 to Jay Brothers, Inc. (Northern Escrow) and accept the improvements for perpetual City maintenance subject to warranty provisions. I. Project 02-H. It was recommended to acknowledge the completion of Contract 02-H (Forest View Addition ? Street and Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. J. Off-Sale Liquor License. It was recommended to approve the off-sale liquor license for E & M Liquor LLC, dba E & M Liquor, 1444 Yankee Doodle Road. K. Ordinance Amendment. It was recommended to direct the City Attorney?s office to prepare an ordinance amendment to Chapter 5, Wine Beer and Liquor Licensing and Regulation. L. Financial Guarantee. It was recommended to authorize the creation of a policy requiring bank, savings association or credit union licensed by the state of Minnesota to conduct the business of making Eagan City Council Meeting Minutes July 5, 2005 Page 2 loans/extending credit and has a business office in the seven-county metropolitan area to provide financial guarantees in favor of the City. M. 2005 Fee Schedule Amendment. It was recommended to approve an amendment to the 2005 Fee Schedule to add a $25 fee for Temporary Sign Permits. N. Final Subdivision. It was recommended to continue approval of the Final Planned Development and Final Subdivision to the August 2, 2005 City Council meeting. O. Conference Registrations ? ARC. It was recommended to approve five one-day conference registrations for five members of the Eagan Airport Relations Commission to attend the 2005 summer N.O.I.S.E. conference at the Eagan Community Center. P. Private Well Permit. It was recommended to approve a permit for a 6? private well to Thomson West th Group for Lot 11, Block 1, West Publishing 4 Addition. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the Consent Agenda excluding item C. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Tilley seconded a motion to ratify the check registers dated June 23, 2005 and June 30, 2005 as presented. Aye: 4 Nay: 1 (Fields opposed) PUBLIC HEARINGS OAK HILLS CHURCH ADDITION (LOT 1, BLOCK 1) EASEMENT VACATION City Administrator Hedges introduced this item regarding the vacation of public drainage and utility easements on Lot 1, Block 1 Oak Hills Church Addition. Public Works director Colbert gave a staff report and recommended that consideration of the vacation be continued to be concurrent with the Final Plat and subdivision application for the property. Julie Lord, representing Oak Hills Church discussed plans for the property. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmembers held a brief discussion regarding future development of the property. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of the vacation of public drainage and utility easements on Lot 1, Block 1, Oak Hills Church Addition to be concurrent with the Final Subdivision application for this property. Aye: 4 Nay: 1 (Carlson opposed) PROJECT 922, LONE OAK DRIVE / LONE OAK PARKWAY TRAIL IMPROVEMENTS City Administrator Hedges stated that due to CSM Corporation staff absences, the petitioner has requested that the Public Hearing be continued to July 19, 2005 for Council consideration. Mayor Geagan opened the public hearing. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue the public hearing until July 19, 2005. Aye: 5 Nay: 0 OLD BUSINESS CONDITIONAL USE PERMIT (LOT 1, BLOCK 1, APPOLLO SUBDIVISION) ? FIRST INDUSTRIAL City Administrator Hedges introduced this item regarding a request for a conditional use permit for outside storage of semi trailers on property at 900 Apollo Road. City Planner Ridley gave a staff report and discussed the changes made to the proposal since review by the Advisory Planning Commission. He stated that parking is only proposed in the rear yard. Eagan City Council Meeting Minutes July 5, 2005 Page 3 Councilmembers discussed the revised proposal and conditions of approval. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit for outside storage of semi trailers on property at 900 Apollo Road, legally described as Lot 1, Block 1, Apollo Subdivision, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. All new and existing parking spaces and storage areas should be surfaced with bituminous surface, concrete curb and gutter and storm drainage provided. 3. The Fire Marshal shall review the revised plan to ensure adequate emergency access is provided. 4. This Conditional Use Permit is approved based on the site plan found on page 75 of the Council packet material excluding the 140 spaces labeled ?Potential Future Staging?. 5. A four inch wide line shall be painted on the pavement to delineate the rows of trailer storage and to separate the emergency access lane at the rear of the storage area from the trailers, the 20 foot wide emergency access lane shall be maintained unobstructed. NEW BUSINESS ORDINANCE AMENDMENT ? CITY OF EAGAN City Administrator Hedges discussed this item regarding an ordinance amendment to Chapter 10, Section 10.25 to stipulate that appeals made to the Board of Soil and Water of a City approved wetland replacement plan require the party making the appeal to post payment of $500 with the City. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an ordinance amendment to Chapter 10, Section 10.25 to stipulate that appeals made to the Board of Soil and Water of a City approved wetland replacement plan require the party making the appeal to post payment of $500 with the City. Aye: 5 Nay: 0 ND PLANNED DEVELOPMENT AMENDMENT (OUTLOT B, EAGAN WOODS OFFICE PARK 2 ADDITION) ? MANLEY LAND DEVELOPMENT City Administrator Hedges introduced this item regarding a request for a Planned Development Amendment and a Final Planned Development for a 24,000 square foot two story office building upon 1.8 acres located on the northwest corner of Pilot Knob Road and Buffet Way. City Planner Ridley gave a staff report. Tim Johnson, representing Manley Land Development, discussed the proposed architectural design and building materials. Councilmembers, staff and Mr. Johnson discussed access to the site and signage issues. It was the consensus of the Council that the proposed obelisk be removed from the plans. Councilmember Fields moved, Councilmember Carlson seconded a motion to approve a Planned Development Amendment and a Final Planned Development for a 24,000 square foot two-story office building upon 1.8 acres located on the northwest corner of Pilot Knob Road and Buffet Way in the NE ¼ of Section 4, subject to the following conditions: Aye: 5 Nay: 0 1. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City. The Final Planned Development Agreement shall be recorded against the property at the Dakota County Recorder?s office prior to issuance of a building permit. 2. The following exhibits are required for the Final Planned Development Agreement: ? Final Site Plan ? Final Building Elevations/Signage Plan ? Final Landscape Plan ? Final Site Lighting Plan 3. The site shall be developed in accordance with the above referenced final plans. 4. The property shall be platted. Eagan City Council Meeting Minutes July 5, 2005 Page 4 5. The developer shall provide evidence of interior noise reduction to 50 dBA at the time of building permit application. 6. The landscape architect shall review the landscape plan and determine areas where evergreen materials for y ear around color can be incorporated. 7. The landscape architect shall review the landscape plan and determine areas where evergreen materials for year around color can be incorporated. 8. The landscape architect and lighting consultant shall review the plans to make sure that the lighting and island landscaping are compatible. 9. Building signage shall be limited to the business identification name only, and only one sign shall be permitted for each occupant. All building signage shall be uniform in design, size, font and color, and be backlit or otherwise externally lit. Can signs and internally lit signs shall be prohibited. Signage will be limited to six signs on the south side of the building and one sign each on the east and west side. 10. Signage on the brick wall panel shall be restricted to building name and address only. 11. Full public street access to the development shall be to Eagan Woods Drive. 12. This development is responsible for cash parks and trails dedications due at the time of building permit application at the rates then in effect. 13. Brick materials shall be added to all four facades, specifically using brick in place of EIFS on the middle band of all four facades. 14. The approved uses shall be limited to professional offices only, no retail uses and no outdoor storage shall be permitted, as defined by City Attorney in the Planned Development Agreement. WAIVER OF SUBDIVISION ? JAMES CARLSON AND ROBERT KOENKE City Administrator Hedges introduced this item regarding a request for a waiver of subdivision requirements to shift the lot line between Lots 5 and 6, Block 1, Wilderness Park Addition, located at 1247 and 1245 Carlson Lake Lane. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a waiver of subdivision requirements to shift the lot line between Lots 5 and 6, Block 1, Wilderness Park Addition, located at 1247 and 1245 Carlson Lake Lane, in the NE ¼ of Section 27, subject to the following conditions: Aye: 5 Nay: 0 1. The applicant shall file with the County Auditor a lot combination to combine Lot 5 with the small portion of Lot 6, Block 1, Wilderness Park Addition, for tax purposes, and proof of the filing shall be submitted to the City within 60 days following City Council approval of the Waiver. AUTHORIZATION OF SRF TO PREPARE APPLICATION FOR FEDERAL FUNDING FOR HIGHWAY 149 City Administrator Hedges introduced this item regarding the authorization of SRF to prepare an application for federal funding through the Metropolitan Council for Highway 149. Public Works Director Colbert gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to authorize SRF to prepare an application for federal funding through the Metropolitan Council for Highway 149. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA There were no items for the administrative agenda. REDEVELOPMENT DISTRICT UPDATE Community Development Director Hohenstein provided an update regarding the City?s redevelopment districts. NEW RUNWAY / AIRPORT UPDATE Eagan City Council Meeting Minutes July 5, 2005 Page 5 Assistant to the City Administrator Dianne Miller provided a written update on the new runway / airport issues. The regular City Council meeting was recessed at 7:50 p.m. and a meeting of the Economic Development Authority was immediately convened. The regular City Council meeting was reconvened at 7:55 p.m. VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 8:00 p.m. Aye: 5 Nay: 0 _____________________________ ___________________________________ 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.