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08/01/2005 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota August 1, 2005 A Listening Session was held August 1, 2005 at 6:00 p.m. prior to the regular City Council meeting. All members of the City Council were present except Councilmember Tilley. There were no citizens who wished to be heard. A regular meeting of the Eagan City Council was held on August 1, 2005 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Fields, Carlson and Maguire. Councilmember Tilley arrived at 6:50 p.m. 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 Pepper. AGENDA Councilmember Fields moved, Councilmember Maguire seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 RECOGNITIONS AND PRESENTATIONS Mayor Geagan recognized Assistant to the City Administrator Miller for her work with the recent N.O.I.S.E. conference. CONSENT AGENDA Councilmember Fields asked that item C be pulled for a separate vote. Councilmember Carlson asked that item I be pulled for discussion. Councilmember Maguire briefly commented on item R. Councilmember Maguire moved, Councilmember Fields seconded a motion to approve the balance of the consent agenda. Aye: 4 Nay: 0 . A. Minutes. It was recommended to approve the minutes of the July 19, 2005 regular City Council meeting B. Personnel Items. There were no personnel items to be considered. C. Check Registers. Pulled for separate vote. D. Refuse / Recycling Hauler License. It was recommended to approve a Refuse / Recycling Hauler License for Allied Waste Industries of the Twin Cities (formerly BFI Waste Systems). E. Tobacco License. It was recommended to approve a Tobacco License for Pakou Vang (E&M Liquors, 1444 Yankee Doodle Road). F. Donation. It was recommended to adopt a resolution accepting a $1,500 donation from Ecolab, Inc. for 05-37 the Carins Iris Fund. G. Fiscal Advisory Services Consulting Firms. It was recommended to approve two firms, Springsted and Ehlers & Associates Inc. to participate in the City?s Fiscal Advisory consultant pool. H. Temporary On-Sale Liquor License. It was recommended to approve a temporary on-sale liquor license for the Southwest Area YMCA and waive the $150.00 license fee. I. Reconveyance of Tax Forfeit Parcel. Pulled for discussion. J. Project 809. It was recommended to approve the Supplemental Final Assessment Roll for Project 809 (Blue Gentian Road ? Street Improvements) to Lots 1, 2, and 3, Block 1, spectrum Business Park and authorize its certification to Dakota County for collection. K. Contract 04-05. It was recommended to approve Change Order #2, Contract 04-05 (Well #20 ? Pumping Equipment) and authorize the Mayor and City Clerk to execute all related documents. 05-38 L. Promotion of Use of Intrastate Mutual Aid Agreements. It was recommended to adopt a Resolution Promotion the Use of Intrastate Mutual Aid Agreements. M. Final Subdivision / Final Planned Development. It was recommended to continue approval of the Final Planned Development and Final Subdivision of Homestead Village to the September 6, 2005 Council meeting. N. Final Planned Development. It was recommended to approval a Final Subdivision (Steeplechase of 05-39 Eagan) to create 55 lots and 5 Outlots for property located at 4889 Pilot Knob Road and approve a Final Eagan City Council Meeting Minutes August 1, 2005 Page 2 Planned Development to create 37 single family units, and 58 townhouse condominium units for property located at 4889 Pilot Knob Road. O. NW Inver Grove Heights Alternative Urban Areawide Assessment. It was recommended to approve comments to be submitted to the City of Inver Grove Heights regarding its Northwest Expansion Area AUAR. P. SAFER Grant. It was recommended to approve the SAFER Grant for the Eagan Fire Department. Q. Telecommunications Lease Agreement. It was recommended to approve the telecommunication lease agreement with VoiceStream, Minneapolis, Inc., for an antenna installation on the Southern Lakes Reservoir at 10656 Alton Court, Inver Grove Heights, and authorize the Mayor and City Clerk to execute all related documents. R. Water Quality Management Plan Update. It was recommended to authorize a contract with the firm of Bonestroo, Rosene, Anderlik and Associates to update the comprehensive Water Quality Management Plan and authorize the Mayor and City Clerk to execute all related documents. S. Change Order #3 ? Contract 05-05. It was recommended to approve Change Order #3 to Contract #05- 05, Cascade Bay Pool Repairs in the amount of $11,869. T. Correspondence to MN State Legislative Delegation. It was recommended to approve correspondence as presented or with modifications and authorize the Mayor to sign and distribute a letter to Eagan?s state representatives and state senators regarding the recently enacted one year delay in banning CRTs (cathode ray tubes from landfills). C. Check Registers. (Councilmember Fields stated she was opposed to the payment of $4.19 to the Charter Commission.) Councilmember Carlson moved, Mayor Geagan seconded a motion to approve the check registers dated July 21, 2005 and July 28, 2005. Aye: 3 Nay: 1 (Fields opposed) I. Reconveyance of Tax Forfeit Parcel. City Administrator Hedges and Administrative Services Director VanOverbeke discussed the reconveyance of Lot 3, Block 1, Barton McGray Addition, a tax forfeit parcel, to the State of Minnesota. Councilmember Maguire moved, Councilmember Carlson seconded a motion to approve the reconveyance of tax forfeit parcel 10-13700-030-01 (Lot 3 Block 1, Barton McGray Addition) to the State of Minnesota. Aye: 4 Nay: 0 NEW BUSINESS ORDINANCE AMENDMENT ? CHAPTER 5, WINE, BEER AND LIQUOR LICENSING AND REGULATION REGARDING BREWPUB OPERATIONS City Administrator Hedges introduced this item regarding an ordinance amendment concerning licensing and regulations in regard to brewpub operations. He stated that new legislation is being reviewed and any updates or changes in this amendment would be brought back to a future Council meeting for approval if necessary. Councilmember Maguire moved, Councilmember Fields seconded a motion to adopt an ordinance amendment to Chapter 5, Wine, Beer and Liquor Licensing and Regulation. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT AND FINAL PLAT (YANKEE DOODLE SUBSTATION) DAKOTA ELECTRIC City Administrator Hedges introduced this item regarding the expansion of the substation located at the intersection of Yankee Doodle Road and Wescott Woodlands and the final plat creating a 1.3 acre parcel on this site. City Planner Ridley gave a staff report. Eagan City Council Meeting Minutes August 1, 2005 Page 3 Craig Knudsen representing Dakota Electric discussed the substation expansion. Additional landscaping was suggested by the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to accept the Environmental Assessment for the transmission line upgrade. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit for expansion of the substation located at the intersection of Yankee Doodle Road and Wescott Woodlands in the NE ¼ of Section 14, subject to the following conditions: Aye: 5 Nay: 0 1. The property shall be platted. 2. this Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 3. The property shall be platted within six months of approval of the CUP. 4. The applicant shall obtain all necessary permits from Dakota County for work within Yankee Doodle Road right-of-way. 5. A revised landscape plan shall be submitted providing screening and beautification to the residential properties where possible. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Final Plat creating a 1.3 acre 05-40 parcel (Yankee Doodle Substation) for property located at the intersection of Yankee Doodle Road and Wescott Woodlands in the NE ¼ of Section 14. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT ? OAK TRUST CREDIT UNION City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow a bank drive through facility and a pylon sign located at 1642 Diffley Road. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Conditional use Permit to allow a bank drive through facility located at 1642 Diffley Road, legally described as Lot 7, Block 1, Diffley Plaza, located in the NW ¼ of Section 28, subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof if its recording be provided to the City. 2. A revised Landscape Plan shall be submitted as discussed in the report. 3. Brick shall be added to the building to break up the EIFS and be consistent with the adjacent properties. 4. All mechanical equipment shall be screened from site. 5. The applicant shall provide evidence of the three internal access easements that benefit the property, in a form acceptable to the City Attorney. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Conditional use Permit to allow a pylon sign for Oak Trust Bank, located at 1642 Diffley Road, legally described as Lot 7, Block 1, Diffley Plaza, located in the NW ¼ of Section 28, subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. All signage shall comply with the City Sign Ordinance. 3. The pylon sign design shall be modified to incorporate a 4 foot base made of the same materials used for the principal building. PLANNED DEVELOPMENT AMENDMENT AND FINAL PLAT EAGAN PLACE ? SOLOMON REAL ESTATE GROUP Eagan City Council Meeting Minutes August 1, 2005 Page 4 City Administrator Hedges introduced this item regarding a planned development amendment to allow a 45,000 square foot retail building on two 7,000 square foot retail/office buildings located at the southeast corner of Yankee Doodle Road and Yankee Place, and a final plat creating a 9.73 acre parcel by combining Lot 1, Block 1, Town thth Centre 100 12 Addition and Lot 1, Block 1, Town Centre 100 15 Addition into a single parcel. City Planner Ridley gave a staff report. Jay Scott, Solomon Real Estate Group discussed and provided visuals of the proposed project. Kathy Anderson, architect for the project discussed the architectural design of the Best Buy store. Councilmembers discussed the design of the building, suggesting modifications and better renderings of the proposal. It was agreed that consideration of the proposed planned development amendment be continued until the August 16, 2005 Council meeting. Mr. Scott offered to provide a tour of other retail locations displaying similar scale and architectural features in the Metro area. Councilmember Maguire and Mayor Geagan indicated they would like to visit the other sites. Mr. Scott stated he would also provide photographs of these locations to Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to continue consideration of a Planned Development Amendment to allow a 45,000 square foot retail building and two 7,000 square foot retail/office buildings located at the southeast corner of Yankee Doodle Road and Yankee Place in the NE ¼ of Section 15 to the August 16, 2005 Council meeting: Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT ? SEEBECK AUTOCARE, LLC City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a monument sign in lieu of a third building sign on property located at 1575 Cliff Road. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow a monument sign in lieu of a third building sign on property located at 1575 Cliff Road, legally described as Lot 4, Block 1, Thomas Lake Center, in the SW ¼ of Section 28, 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 Dakota County. 2. A revised Landscape Plan shall be submitted to the City for incorporation into the Planned Development Amendment Agreement. 3. The existing building mounted sign on the north side of the building shall be removed prior to installation of the monument sign. 4. The monument sign shall be located at least 10 feet from all property lines. The brick base of the sign shall match the building; the sign shall not exceed a total height of seven feet, and the sign message area shall not exceed four feet in height and 12 feet in width. 5. A sign permit is required before any signs may be installed. 6. The changeable message panel above the brick base is allowed provided it is changed manually, not electronically. PLANNED DEVELOPMENT AMENDMENT ? HOLIDAY STATIONSTORES STORE #247 ? PILOT KNOB ROAD & DUCKWOOD DRIVE City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow outdoor display of products at the Holiday store located at 3615 Pilot Knob Road. City Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow outdoor display of products at the Holiday store located at 3615 Pilot Knob Road, legally described as Lot 1, Block 1, Duckwood Crossings, located in the NW ¼ of Section 16, subject to the following conditions: Aye : 5 Nay: 0 Eagan City Council Meeting Minutes August 1, 2005 Page 5 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder?s office. 2. The location, items and amount of outside display shall comply with the approved Site Plan dated June 29, 2005. PLANNED DEVELOPMENT AMENDMENT ? HOLIDAY STATIONSTORES (STORE #68 ? LEXINGTON AVENUE AND DIFFLEY ROAD) City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow outdoor display of products at the Holiday store located at 1065 Diffley Road. City Planner Ridley gave a staff report and explained modifications illustrated on the July 27, 2005 revised Site Plan. Councilmember Fields moved, Councilmember Carlson seconded a motion to approve a Planned Development Amendment to allow outdoor display of products at the Holiday store located at 1065 Diffley Road, legally described as Lot 1, Block 1, Soderholm Addition, located in the SW ¼ of Section 23, 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 location, items and amount of outside display area shall comply with the approved Site Plan dated July 27, 2005. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE Assistant to the City Administrator Miller discussed proposed correspondence to the MAC with comments on the Environmental Assessment for the 2015 Terminal Expansion project at the Minneapolis / St. Paul Airport. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve comments regarding the draft Environmental Assessment for the 2015 terminal expansion project at MSP International Airport and copy the correspondence to the City?s State Legislative delegation and Congressional delegation. NEW RUNWAY / AIRPORT UPDATE Assistant to the City Administrator Miller discussed the Airport Relations Commission?s recommendation regarding the September open house to be held at the Community Center. Council concurred that the open house be formatted in more of a traditional open house style. The regular City Council meeting was recessed at 8:30 p.m. and a meeting of the Economic Development Authority was immediately convened. The regular City Council meeting was reconvened at 8:40 p.m. VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Fields moved, Councilmember Maguire seconded a motion to adjourn the regular City Council meeting at 8:40 p.m. and convene a closed session to discuss pending litigation. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes August 1, 2005 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). 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.