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04/02/2002 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota April 2, 2002 A regular meeting of the Eagan City Council was held on Tuesday, April 2, 2002 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Bakken, Carlson, Fields and Tilley. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary/Deputy Clerk Mira McGarvey. AGENDA City Administrator Hedges suggested that item O of the Consent Agenda regarding Project 866 be consolidated with item A under Public Hearings. He also announced that item C under New Business regarding a conditional use permit request by Robert Mueller will be continued. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the March 19, 2002 regular City Council minutes. B. Personnel Items. 1. It was recommended to approve the hiring of Benjamin Koenke and Bryan Seppamaki as seasonal park maintenance workers. 2. It was recommended to approve the hiring of Jenna Schardt, Emily Jensen, Taylor Shonka, Blair Smith, Jill Woefel, Lisa Kleinschmidt and Taylor Lamski as part-time seasonal pool attendants for Cascade Bay. 3. It was recommended to accept the letter of resignation from Paul Wegner, utility maintenance worker. C. Ratify Check Registers. It was recommended to ratify the check registers dated March 21, 2002 and March 28, 2002 as presented. D. YMCA of Greater St. Paul Revenue Bonds. It was recommended to approve the resolution calling for a May 7 02-21 public hearing regarding the issuance of revenue bonds for the YMCA of Treater St. Paul under Minnesota Statutes Chapter 462C. 02-21A E. Certification of Delinquent Utility Bills. It was recommended to schedule a public hearing for May 7, 2002 for certification of delinquent utility bills. F. 2002 Commercial Fertilizer License Renewals. It was recommended to approve 2002 Commercial Fertilizer license Renewals for B&D Lawn and Tree Care and Minnesota Turf Care. G. Tree Contractor License. It was recommended to approve a new Tree Contractor License for B&D Law and Tree Care. H. Mobile and Portable Radios. It was recommended to award contracts to the low bidders for mobile and portable radios for the city-wide radio system upgrade. I. Contract 02-10. It was recommended to modify the bid date for Contract 01-10 (Dodd Road ? Diffley Road to Wescott Road Street & Utility Improvements), from Thursday, March 28, 2002, to Thursday, April 11, 2002. J. Municipal State Aid Route Designation. It was recommended to approve a resolution requesting the 02-22 Commissioner of Transportation?s approval of the designation of O?Neil Drive on the Municipal State Aid (MSA) system. K. Project 751R. It was recommended to approve an Easement Agreement for Project 751R (Dodd Road, Cliff Road to Butwin Road ? Street, Utility and Trail Improvements) with the owners of Parcel 10-03600-027-25 (4625 Dodd Road) and authorize the Mayor and City Clerk to execute all related documents. L. Project 751R. It was recommended to approve an Easement Agreement for Project 751R (Dodd Road, Cliff Road to Butwin Road ? Street, Utility and Trail Improvements) with the owner of Parcel 10-83500-020-01 (671 Waterview Cove) and authorize the Mayor and City Clerk to execute all related documents. M. Project 751R. It was recommended to approve an Easement Agreement for Project 751R (Dodd Road, Cliff Road to Butwin Road ? Street, Utility and Trail Improvements) with the owners of Parcel 10-20900-010-02 (4822 Dodd Road) and authorize the Mayor and City Clerk to execute all related documents. N. Project 813. It was recommended to receive the Feasibility Report for Project 813 (Central Parkway ? Streetscaping) and schedule a public hearing to be held May 7, 2002. Eagan City Council Meeting Minutes April 2, 2002 Page 2 O. Combined with Project 800R under Public Hearings) Project 866. It was recommended to receive the design Study Report for Project 866 (Cedar Grove ? Streetscaping and Lighting) and combine the public hearing with Project 800R later on this agenda. P. Contract 02-09. It was recommended to approve the plans for Contract 02-09 (Central Parkway ? Street and Utility Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, May 2, 2002. Q. Contract 02-12. It was recommended to receive the bids for Contract 02-12 (Cedar Grove Redevelopment Area ? Building Demolition / Removal), award the contract to Kevitt Excavating for the base bid in the amount of $25,350 and authorize the Mayor and City Clerk to execute all related documents. R. Project 861. It was recommended to approve a Trail Construction Agreement for Project 861, Cliff Road (2002 City-wide Trail Improvements) with the City of Burnsville and Dakota County Transportation Department and authorize the Mayor and City Clerk to execute all related documents. 02-23 S. Proclamation. It was recommended to proclaim Friday, April 12, 2002 as Burnsville / Eagan Community Television Volunteer Appreciation Day. T. Change Order. It was recommended to approve Change Order #1, Eagan Community Center. U. Certification for Clean ? Up. It was recommended to schedule a public hearing for May 7, 2002 for Certification for Clean-Up at 4391 Garden Trail. 02-24 V. Final Subdivision. It was recommended to approve a Final Subdivision to create 64 single family lots th (Oakbrooke 6 Addition) on 32.6 acres located between Deerwood Drive and Diffley Road and east of Interstate 35E in the SW ¼ of Section 21. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 PUBLIC HEARINGS PROJECT 800R, CEDAR GROVE ACCESS MODIFICATIONS STREET INTERSECTION RECONFIGURATION PROJECT 866 ? CEDAR GROVE STREETSCAPING City Administrator Hedges introduced this item regarding street intersection reconfiguration and access modifications for the Cedar Grove area along with streetscaping in the Cedar Grove area. Public Works Director Tom Colbert introduced Jim Dvorak of SRF Consulting Group who made a presentation regarding the access modifications and street intersection reconfiguration under Project 800R. John Larson of SRF made a presentation regarding Cedar Grove streetscaping Project 866. Public Works Director Colbert discussed the consolidation of several projects in the area to identify the overall costs of the improvements. Mayor Awada opened the public hearing. Ten residents spoke expressing their concerns regarding the following: ? More precise information on assessments ? Clarification of ?redevelopment? ? Alignment of Cedarvale Boulevard ? Future improvement of Highway 13 and streetscaping plan ? Deletion of certain properties from the redevelopment district ? Name change for Beau D?Rue Drive ? Pending assessments vs. value of property Eagan City Council Meeting Minutes April 2, 2002 Page 3 There being no further public comment, Mayor Awada closed the public hearing and turned discussion back to the Council. Mayor Awada, Councilmembers and Staff addressed the questions and concerns of the residents. Mayor Awada and Councilmembers then discussed the proposed upgrade to Highway 13 and possible funding from MNDOT. It was the consensus of the Council to postpone consideration of the dual left turn lanes on Highway 13 for a year. Mayor Awada moved, Councilmember Tilley seconded a motion to receive the Design Study Report for Project 866 (Cedar Grove ? Streetscaping) Aye: 5 Nay: 0 Mayor Awada moved, Councilmember Fields seconded a motion to approve Project 800R (Cedar Grove Access Modifications ? Street Intersection Reconfiguration) including local streets and utilities plus the Streetscaping, but deleting the six lane expansion and the dual left turn lanes on Highway 13, and authorize the preparation of detailed final plans and specifications, and the acquisition of right-of-way and easements through quick-take Eminent Domain, if necessary. Aye: 5 Nay: 0 It was noted that this would reduce the pending assessable costs to $3,189,600. Mayor Awada moved, Councilmember Bakken seconded a motion to direct staff to bring back the Highway 13 dual left turn lane issue in the fall of 2002. Aye: 5 Nay: 0 TH OAKBROOKE 5 ADDITION (LOTS 1 & 2, BLOCK 3) EASEMENT VACATION AND TH FINAL PLAT (OAKBROOKE 7 ADDITION) - HEDLUND ENGINEERING City Administrator Hedges introduced this item regarding the vacation of a public th drainage and utility easement within Lots 1 and 2, Block 3, Oakbrooke 5 Addition and a final th plat to reconfigure the interior property line between Lots 2 and 3, Block 1, Oakbrooke 5 Addition. Public Works Director Colbert gave a staff report. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the th vacation of public drainage and utility easements within Lots 1 and 2, Block 3, Oakbrooke 5 Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 02-24A Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a th final plat to reconfigure the interior property line between Lots 2 and 3, Block 1, Oakbrooke 5 th Addition (Oakbrooke 7 Addition) located in the SW ¼ of Section 21. Aye: 5 Nay: 0 OLD BUSINESS Eagan City Council Meeting Minutes April 2, 2002 Page 4 PENALTY HEARING ? SUSPENSION OF LIQUOR LICENSE FOR CROWNE PLAZA HOTEL City Administrator Hedges discussed this item regarding the civil penalty to be imposed and the length of suspension of a liquor license for the Crowne Plaza Hotel for failed compliance checks. Councilmember Fields stated she had concerns over the short term suspension in light of the consistency of the violations. Mayor Awada stated she felt that losing a liquor license for any amount of time is a huge loss and supports the seven day suspension. If there is another occurrence, the suspension could be imposed for a longer length of time. Councilmember Tilley stated she felt the seven day suspension is very minor given there have been four offenses. She suggested the current policy be reviewed at a future workshop. Mayor Awada moved, Councilmember Carlson seconded a motion to approve a resolution accepting the 02-25 Administrative Hearing Officer?s report and impose a civil penalty of $1,000 and impose a seven day suspension of the liquor license of the Crowne Plaza Hotel beginning May 22 through May 28, 2002. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to notify all holders of liquor licenses of the policy of the City and review the liquor license issue at a future Council workshop. Aye: 5 Nay: 0 Bakken made a friendly amendment that a copy of the related ordinance be included with liquor license renewals. JOINT POWERS AGREEMENT EAGAN CONVENTION AND VISITORS BUREAU ? CITY OF EAGAN City Administrator Hedges discussed this item regarding a joint powers agreement between the City of Eagan and the Eagan Convention and Visitors Bureau. He reviewed proposed changes to the agreement. Councilmembers discussed a request by the ECVB to allow two representative spots to be filled by the hotel industry rather than the airlines. Councilmembers agreed to leave the number of board members as is for this year and review again in a year. Councilmember Carlson moved, Councilmember Fields seconded a motion to adopt a Joint Powers Agreement between the City of Eagan and the Eagan Convention and Visitors Bureau. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the Policy Agreement for Operational Issues with the City of Eagan and the Eagan Convention and Visitors Bureau. Aye: 5 Nay: 0 Mayor Awada moved, Councilmember Bakken seconded a motion to appoint Mayor Awada , Councilmember Carlson, and City Administrator Hedges to serve on the Board for the ECVB. Aye: 5 Nay: 0 ORDINANCE AMENDMENT (SIGN CODE) CITY OF EAGAN City Administrator Hedges discussed this item regarding an amendment to Chapter 4.20 of the Eagan City Code in relation to the placement, erection, and maintenance of signs. Senior Planner Ridley gave a staff report. Roger Lervick, of Northern Power Products, discussed the proposed language in the ordinance amendment. He discussed a proposed signage plan for his business. Eagan City Council Meeting Minutes April 2, 2002 Page 5 Mayor Awada moved, Councilmember Fields seconded a motion to approve an Amendment to Chapter 4.20 (Placement, Erection, Maintenance of Signs) of the City Code relating to business and product sign definitions, and building-mounted sign standards. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT (ROCCO AND DIANNE ALTOBELLI) City Administrator Hedges introduced this item regarding the request for a conditional use permit to allow the floor area of an attached accessory use to exceed 1,100 square feet on property located at 1300 Deerwood Drive. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow the floor area of an attached accessory use to exceed 1,100 square feet on property located at 1300 Deerwood Drive (Lot 2, Block 1, Altobelli Addition) in the SW ¼ of Section 22, subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder?s Office within 60 days of approval. 2. Total area of the attached accessory use shall not exceed 1,613 square feet. 3. No commercial operation or home occupation shall be permitted in any accessory structure on the property. 4. The accessory structure shall meet all other Zoning Ordinance requirements. INTERIM USE PERMIT ? STEININGER RECYCLE, INC. City Administrator Hedges introduced this item regarding the request to allow the continued operation of the existing concrete recycling facility on property located at the southwest corner of Yankee Doodle Road and Highway 149. Senior Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve an Interim Use Permit to allow the continued operation of the existing concrete recycling facility on property located at the southwest corner of Yankee Doodle Road and Highway 149, in the north ½ of Section 13, subject to the following conditions: Aye: 5 Nay: 0 1. The permit shall be recorded with Dakota County within 60 days of Council action and terminate May 2, 2004 2. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 3. Dust control procedures shall be utilized. 4. The hours of operation shall be limited to between 7:00 a.m. and 7:00 p.m. Monday through Saturday. 5. The operation shall be in compliance with all applicable State and local regulations. 6. In the event that the permit is terminated or not renewed, all materials and equipment shall be removed from the site within 90 days. 7. No mining shall be allowed on the property. PLANNED DEVELOPMENT AMENDMENT AND FINAL PLANNED DEVELOPMENT MAGNUM DEVELOPMENT Eagan City Council Meeting Minutes April 2, 2002 Page 6 City Administrator Hedges introduced this item regarding a Planned Development Amendment and Final Planned Development to allow an in-line retail center with a Class II restaurant with drive-through service, possible on-sale liquor, and a pylon sign to be located at 2040 Cliff Road. Senior Planner Ridley gave a staff report. Councilmember Tilley moved, Mayor Awada seconded a motion to approve a Planned Development Amendment and Final Planned Development to allow an in-line retail center with a Class II restaurant with drive- through service, possible on-sale liquor, and a pylon sign for Lot 1, Block 1, Hadler Park, located at 2040 Cliff Road in the NE ¼ of Section 31, 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 prior to building permit issuance. 2. The following exhibits are required for the Final Planned Development Agreement: ? Final Site/Signage 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 applicant shall provide evidence of private ingress/egress agreements for review by the City Attorney, prior to the issuance of a building permit for this development. 5. Rooftop mechanical equipment shall not be visible from the street or off the property. 6. Trash enclosures shall be attached to the principal building and constructed consistent with City Code standards (i.e. six to ten feet in height, materials that match the principal building, gates or doors that are at least 90% opaque for screening, etc.) 7. A two to three foot berm shall be provided along the front of the parking lot adjacent to Cliff Road. The final landscape plans shall incorporate additional plant materials to screen the parking lot from Cliff Road. A different species or different plant selection shall be substituted for the 13 spruce trees located along the west side of the property. 8. One pylon sign shall be allowed west of the driveway access to Cliff Road. 9. The final site plan and signage plans shall show the locations of the menu board and other drive- through signs on the site and on the building. 10. Site lighting shall match the site lighting of existing developments within the Hadler Park PD and shall utilize shoebox fixtures and be painted brown. All site lighting shall be shielded and directed downward such that the source of light is not directly visible from off the property. 11. No outdoor display, or storage, shall be allowed. 12. No outdoor loudspeaker advertising shall be allowed. 13. This development is responsible for cash park and trails dedication payable at the time of building permit issuance at the rates then in effect. 14. Pylon signage shall not exceed 18 feet in height. 15. Building signage shall be limited to the north and east building elevations and meet sign ordinance requirements. PLANNED DEVELOPMENT AMENDMENT ? COLLIERS TOWLE REAL ESTATE City Administrator Hedges introduced this item regarding a planned development amendment to increase the length of allowable building signage on the multi-tenant retail building located at 3090 Courthouse Lane. Senior Planner Ridley gave a staff report. The applicant made a presentation regarding the requested amendment. Mayor Awada moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to increase the length of allowable building signage on the multi-tenant retail building on the west Eagan City Council Meeting Minutes April 2, 2002 Page 7 elevation only, located at 3090 Courthouse Lane, legally described as Lot 2, Block 2, Oakview Center, in the NW ¼ of Section 12 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. Building signage shall be allowed on the west elevation for each tenant in the amount of 70% of the lineal building frontage occupied by the tenant. These signs shall not exceed three feet in height. 3. All wall signage shall be individual backlit letters. Councilmember Bakken moved, Councilmember Carlson seconded a motion to reconsider signage on the east side of the building. Aye: 5 Nay: 0 The applicant stated he waived his right to the 60 day rule. Councilmember Bakken moved, Councilmember Carlson seconded a motion to send the issue of signage on the east side of the multi-tenant retail building located at 3090 Courthouse Lane back to the Advisory Planning Commission for review and recommendation. Aye: 5 Nay: 0 PLANNED DEVELOPMETN AMENDMENT MFC PROPERTIES CORPORATION City Administrator Hedges introduced this item regarding a planned development amendment to relocate an existing pylon sign on property located 3420 ?3450 Denmark Avenue. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to relocate an existing pylon sign on property located at 3420-3450 Denmark Avenue th (Lot 1, Block 1, Town Centre 100 6 Addition) in the NW ¼ of Section 15, subject to the following conditions: Aye: 5 Nay: 0 1. The applicant shall submit a revised Sign Agreement exhibit depicting all existing sign locations prior to the issuance of a permit for the sign. 2. The pylon sign shall maintain the required 10-foot setback from the property line abutting Denmark Avenue. 3. The existing pylon sign shall be removed prior to the permit issuance for the new sign. 4. Screening shall be installed at the base of the sign. 5. The pylon sign shall be relocated in a manner to preserve one or two of the existing Sugar Maple trees. REVIEW WINTER TRAIL MAINTENANCE PLAN City Administrator Hedges introduced this item regarding maintenance of the City?s trail system. Public Works Director Colbert gave a staff report. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the following requests to the current Winter Trail Maintenance Plan for 2002-2003. Aye: 5 Nay: 0 ? North side of Northview Park Road from Northridge Drive east to Braddock Trail ? North side of Red Pine Lane east of State Highway 3 to Red Pine School crossing ? East side of the new Dodd Road improvement south of Cliff Road Eagan City Council Meeting Minutes April 2, 2002 Page 8 ? West side of the new Dodd Road improvement south of Cliff Road ? South side of the new Carol Street improvement between Dodd Road and State Highway 3 ? West side of Lexington Avenue (County Road 43) between Clubview Drive an Yankee Doodle Road (County Road 28) ADJOURNMENT The meeting adjourned at 11:20 p.m. into an Executive Session to discuss labor relations regarding Police Sergeants and Police Officers unions and a recent summons complaint from property owners on Blue Gentian Road. _____________________________ ___________________________________ Date 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) 681-4600, (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.