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07/06/2004 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 6, 2004 A regular meeting of the Eagan City Council was held on Tuesday, July 6, 2004 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 M on the Consent agenda had been removed, item A under Old Business and item A under New Business will be continued to the July 20,2004 City Council meeting. He also noted that an additional item regarding changing the August 3, 2004 Council meeting to August 2,2004 has been included on the Consent Agenda. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENT A TlONS NATIONAL NIGHT OUT City Administrator Hedges discussed National Night Out which is to be held August 3, 2004 throughout the City. CounciImember Tilley moved, Councilmember Fields seconded a motion to adopt a proclamation naming Tuesday, 04-47 August 3, 2004 as "National Night Out" in the City of Eagan. Aye: 5 Nay: 0 4TH OF JULY Mayor Geagan recognized volunteers and staff members for their work on the 4th of July festivities. CONSENT AGENDA Councilmember Fields moved, Councilmember Maguire seconded a motion to approve the Consent Agenda as amended. Aye:5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the June 15,2004 regular City Council meeting and the June 28, 2004 workshop / retreat as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Keith Daley as a part-time custodian/maintenance worker at the Community Center. 2. It was recommended to approve the hiring of KimberIy Grimm and Karia Hoehne-Sohre as part- time fitness attendants at the Community Center. 3. It was recommended to approve contracting with the Ken Vraa Consulting firm for Parks and Recreation projects. C. Check Registers. It was recommended to ratify the check registers dated June 17,2004, June 24 and July I, 2004 as presented. D. Amusement Device License. It was recommended to approve an Amusement Device License renewal for Theisen Vending Company. E. Payment of Storm Sewer Trunk Charges. It was recommended to authorize City payment from the Park Site Acquisition and Development Fund of Storm Sewer Trunk charges on the acquired Anderson parcel (Outlot A Patrick Eagan Park Addition). Eagan City Council Meeting Minutes July 6, 2004 Page 2 F. Accept Donation. It was recommended to accept a $7,000 donation from the Eagan Lion's Club for the 04-48 purchase of defibrillators by the Eagan Fire Department. G. Contract 04-07. It was recommended to receive the bids and award Contract 04-07 (Lexington Ridge Court - Street Improvements), to Veit and Company, Inc. for the base bid in the amount of$1 05,047 and authorize the Mayor and City Clerk to execute all related documents. H. Proiect 909. It was recommended to receive the petition and authorize the preparation ofa feasibility report by the City Engineer for Project 909 (Taconite Trail- East of Blackhawk Road - Street and Utility Improvements). 1. Extension for Recording Final Plat. It was recommended to approve an extension for the recording of the Final Plat for Manley Plaza to August 7, 2004. J. Final Subdivision. It was recommended to approve a Final Subdivision (Mother Nature Addition) to create 04-49 2 single family lots, for property at 4137 Rahn Road. K. Final Subdivision and Final Planned Development. IT was recommended to approve a Final Subdivision (Lexington Ridge) and Final Planned Development to create 17 lots, and 16 attached townhomes, for 04-50 property at 4225 Lexington Way South in the NE Y4 of Section 27. L. Final Subdivision. It was recommended to continue consideration of a Final Subdivision (Schwanz Addition) to create 8 twinhome lots, for property at 3200 Pilot Knob Road to the July 20, 2004 meeting. M. Pulled N. Joint Powers Agreement. It was recommended to approve the Joint Powers Agreement with Dakota County to Participate Jointly with Other Cities the Dakota County Wetland Health Evaluation Program through 2008. O. Disposal of Firearms. It was recommended to declare 23 firearms in the custody of the Police Department abandoned or unclaimed. P. License Agreement. It was recommended to approve a license agreement to permit U.S. Homes to locate a sales trailer for the Nicols Ridge Subdivision on the City owned parcel, formerly known as the Lachenmayer property. Q. Modification - Keystone Communities Senior Housing. It was recommended to approve modifications of exterior architectural details for the Keystone Communities Senior Housing Project in the Cedar Grove Redevelopment Area. R. Contract 04-04. It was recommended to approve a Construction Agreement for Contract 04-04 (Lexington Avenue, Trunk Highway 55 to Lone Oak Road - Street Improvements) with the Dakota County Transportation Department and authorize the Mayor and City Clerk to execute all related documents. S. Exempt Permit. It was recommended to approve an application for an Exempt Permit for Experimental 04-5 I Aircraft Association to hold a raffle at the Eagan Community Center on October 10, 2004. T. Tobacco License. It was recommended to approve a Tobacco License for Oasis market at 2000 Rahncliff Court. U. Reschedule Meeting. It was recommended to reschedule the August 3, 2004 City Council meeting to August 2,2004 due to "National Night Out". PUBLIC HEARINGS PROJECT 759R, CEDAR GROVE P ARKW A Y FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment hearing for street improvements on Cedar Grove Parkway. 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 Maguire seconded a motion to adopt the Final Assessment Roll for Project 759R (Cedar Grove Parkway - Street Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes July 6, 2004 Page 3 PROJECT 905, LONG ACRES / LEBANON HILLS REGIONAL PARK STORM SEWER IMPROVEMENTS City Administrator Hedges introduced this item regarding storm sewer improvements at the Long AcresILebanon Hills Regional Park. Public Works Director Colbert gave a staff report. Mark Hanson and Rich Brasch of Bonestroo, Rosene, Anderlik & Associates reviewed the feasibility report for the proposed project. Mayor Geagan opened the public hearing. Thirteen residents spoke expressing concerns which included, the amount of assessments, lack of support from Apple Valley, Rosemount and Dakota County, shared expenses by developers, the lowering of Marsh Lake, the possibility of constructing a new lift station, and the possibility of future flood damage to area homes. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council and staff. Public Works Director Colbert responded to the questions/concerns raised by the residents. Councilmembers discussed the need to acquire assistance from Dakota County. The option for residents to request deferment from assessments was also explained. Councilmember Carlson moved, Council member Fields seconded a motion to approve Project 905 (Long Acres/Lebanon Hills Regional Park - Storm Sewer Improvements) with the following conditions: Aye: 5 Nay: 0 1. Include all of the basic improvements and include the following upgraded improvements: a) Driveway Improvements b) Marsh Lake Pipe Outlet (alternate - show with and with out) c) Connection to Wetland 121 2. 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. GUN CLUB ROAD RIGHT-OF-WAY VACATION City Administrator Hedges introduced this item regarding the vacation of public right-of-way known as Gun Club Road south and east of Biscayne Avenue, stating that the right of way vacation can only take place in conjunction with the final subdivision of the Long Acres plat which has been continued to the July 20,2004 City Council meeting. 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. No action was taken. This item will be brought back as part of the Long Acres plat on July 20, 2004. OLD BUSINESS FINAL SUBDIVISION (LONG ACRES 1ST ADDITION) MANLEY LAND DEVELOPMENT City Administrator Hedges stated this item will be continued to the July 20,2004 City Council meeting. REZONING, PRELIMINARY SUBDIVISION (EVERGREEN ENCLAVE) EPIC DEVELOPMENT City Administrator Hedges introduced this item regarding a rezoning of7.7 acres from Agriculture to Single Family residential, a preliminary subdivision of 7.7 acres to create 7 lots and an outlot; a variance to the front setback on Diffley Road of 0 feet for the existing home on Lot 7, Block I, Evergreen Enclave and; a variance to allow Lots 2 and 3 without public street frontage, all on property located at 4195 Lexington Way South. These items were Eagan City Council Meeting Minutes July 6, 2004 Page 4 continued from the June 15,2004 City Council meeting to allow staff time to review revisions to the proposed subdivision. City Planner Ridley gave a staff report, highlighting the revisions. Rich Ragatz, Epic Development, discussed the revised plans and requested that consideration be given to the dedication of Outlot A as a credit for park dedication fees. An adjacent property owner requested information regarding tree protection measures and a sound barrier. City Planner Ridley explained tree preservation requirements and the Council stated the sound barrier issue should not include the City. Councilmembers held a discussion which included the park dedication fees and the dedication of Outlot A, and the possibility of conservation easements. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Rezoning of7.7 acres from A, Agriculture to R- I, Single Family residential for property located at 4 I 95 Lexington Way South. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision (Evergreen Enclave) of 7.7 acres to create 7 lots and an Outlot at property located at 4195 Lexington Way South subject to the following conditions. Aye: 5 Nay: 0 I. The property shall be platted. 2. The development shall be responsible for a cash trails dedication. 3. Outlot A shall be dedicated to the City in a form acceptable to the City Attorney as park dedication. 4. The lots along the private street shall be served by individual private water services extending from Lexington Way. 5. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. 6. If approved, the private street shall be constructed with a vehicle turnaround in accordance with City engineering and fire department standards. 7. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 8. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 9. A cash dedication in lieu ofponding shall be required. 10. A conservation easement over Outlot A and Lots 2, 4 and 5 shall be provided per staff recommendation. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Variance to the front setback on Diffley Road of 0 feet for the existing home on Lot 7, Block I, Evergreen Enclave 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 variance shall only apply to the existing building on Lot 7, Block 1, Evergreen Enclave. Councilmember fields moved, Councilmember Tilley seconded a motion to approve a Variance to allow Lots 2 and 3 without public street frontage, subject to the following conditions. Aye: 5 Nay: 0 1. Ifwithin 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 Eagan City Council Meeting Minutes July 6, 2004 Page 5 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 variance only applies to Lots 2 and 3, Block 1, Evergreen Enclave. INTERIM ORDINANCE TO ESTABLISH A DEVELOPMENT MORATORIUM PERTAINING TO COMPREHENSIVE GUIDE PLAN SPECIAL AREA #1 LOCATED BETWEEN 1-494, TH 149, LONE OAK ROAD AND THE INVER GROVE HEIGHTS BOUNDARY TO COMPLETE STUDIES PERTAINING TO THE FUTURE DEVELOPMENT OF THE AREA City Administrator Hedges discussed background information regarding this item pertaining to development proposals for the Laukka Beck and Loan Oak Properties and their relationship to the City's Comprehensive Plan and existing zoning which was presented at the May 18,2004 and the June 15,2004 Council meetings. Community Development Director Hohenstein stated that at the June 15,2004 meeting, the City Council directed the preparation of an interim ordinance to establish a moratorium for the study of certain issues relative to planning for the area's future. He noted that the Council had reserved several items to be determined at the time the moratorium was considered including the issues to be considered during the course of the moratorium and the duration of the moratorium. He also asked the Council to consider whether to prohibit all construction and development activity during the moratorium or to permit certain activities within the area under certain circumstances. Peter Coyle, Larkin Hoffman, representing the prospective developers of the Laukka Beck and Loan Oak Properties, expressed his objection to the moratorium and requested that, should it be approved, the duration be no longer than six months. Councilmembers discussed potential study topics and the duration of the proposed moratorium. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve Interim Ordinance to establish a development moratorium for a nine month period pertaining to Comprehensive Guide Plan Special Area #1 located between 1-494, TH 149, Lone Oak Road and the Inver Grove Heights Boundary to complete studies pertaining to the future development of the area with the following list of issues to be studied. · Analysis of the Relationship of Development Alternatives with Existing Development in Special Area # 1 . Status and Adequacy of the Commercial Land Supply . Relationship Between Changes in Airport Operations and Aircraft Noise Technology to the City's General Land Use Policies . Fiscal Impact Analysis of Revenues and Costs Associated with Development Alternatives for City, County and School District Services · Impact of Major New Residential Areas on the City's Park Improvement, Maintenance and Programming Capacity · Relationship Between the City's Economic Development Policies and Potential Changes in the Supply of Commercial Land . Analysis of Expansion and Development Plans of Major Businesses in the Northeast Area and the Effect on the Availability and Need for Commercial Land - Ecolab Development Plans, Effects of the AirIine Industry on NWA Plans, Thomson-West Expansions, Grand Oaks Build Out, Continued Redevelopment of the Hwy 55 Corridor, etc. . Extent to Which Mixed Use Alternatives Could Address Other City Priorities - Indoor Recreational Uses, Cultural Activity Areas, etc. . Study of the Installation of an Interchange at 494/Deleware/ Argenta Trail - Such a study may need to entail a larger area traffic study to define how development alternatives may affect/complement the proposed roadway improvements identified under the Grand Oak AUAR at Hwy 149 & 494, including the potential need for a north-south connector street between this potential interchange and Lone Oak Rd. (Co. Rd. 26). . Ecological Impacts of Development Alternatives including tree preservation, water quality impacts, etc. Eagan City Council Meeting Minutes July 6, 2004 Page 6 . Impact of Development Alternatives on Demand for Public Safety Services. . Types of residential uses that are more compatible with aircraft noise . Future transit expectations for Highway 55 corridor. . Regional population projections and Eagan's future housing needs. . Is there potential for saturation or over planning for certain land uses. . Discussion with Inver Grove Heights The Council also selected alternative language outlined in the draft ordinance that would allow for the issuance of building permits for repairs, tenant improvements consistent with the existing business park or expansion of business park uses and to allow property owners to approach the City Council to request that their property be removed from the study area if the Council were to determine that the proposed development would conform to the Comprehensive plan and zoning code and that it would not conflict with the purpose of the moratorium. Aye: 4 Nay: 1 (Councilmember fields opposed). NEW BUSINESS CONDITIONAL USE PERMIT - CEMSTONE PRODUCTS COMPANY City Administrator Hedges stated the applicant has requested that this item be continued to the July 20, 2004 City Council meeting. Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of a Conditional Use Permit for a 10,000 gallon above ground tank on Lot 17, Block 4, Eagandale Center Industrial Park to the July 20, 2004 City Council meeting. Aye: 5 Nay: 0 REZONING AND PLANNED DEVELOPMENT AMENDMENT BLUE CROSS BLUE SHIELD City Administrator Hedges introduced this item regarding a Rezoning of Yankee Place on 1750 Yankee Doodle Road from Limited Industrial to Planned Development and a Planned Development Amendment to include Yankee Place in the River Park Planned Development for properties located at 3400-3500 Yankee Drive and 1750-1800 Yankee Doodle Road. City Planner Ridley gave a staff report. Roger Kleppe of Blue Cross Blue Shield discussed the proposed rezoning and planned development amendment. Councilmember Tilley moved, Councilmember fields seconded a motion to approve a Rezoning of Yankee Place (1750) Yankee Doodle Road) from Limited Industrial to Planned Development. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to include Yankee Place in the River Park Planned Development for properties located at 3400 - 3500 Yankee Drive and 1750-1800 Yankee Doodle Road, subject to the following condition. Aye: 5 Nay: 0 1. The Planned Development Amendment Agreement must be executed and recorded. PLANNED DEVELOPMENT AMENDMENT - WENTWORTH PARK City Administrator Hedges introduced this item regarding a request for a Planned Development Amendment to allow a change in building materials for the office condos, located at 4662-4672 Slater Road. City Planner Ridley gave a staff report. Brent Thompson, Mission Hills Development, discussed the proposed changes to the building materials. Eagan City Council Meeting Minutes July 6, 2004 Page 7 Councilmember fields moved, Councilmember Maguire seconded a motion to approve a Planned Development Amendment to allow a change in building materials for the office condos, located at 4662-4672 Slater Road subject to the following conditions. Aye: 5 Nay: 0 1. The Planned Development Amendment Agreement must be executed and recorded. 2. The architectural changes are approved as shown on the plan dated March 15,2004. PRELIMINARY SUBDIVISION (KREITZ ADDITION) JIM HUGHES City Administrator Hedges introduced this item regarding a Preliminary Subdivision of 1.9 acres to create 2 single family lots, for Lot 13, Block 7, Country Home Heights, located at 2890 Fairlawn Place. City Planner Ridley gave a staff report. Jim Huges, applicant, requested the shed on proposed Lot 2 be allowed to remain. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision (Kreitz Addition) of 1.9 acres to create 2 single family lots, for Lot 13, Block 7, Country Home Heights, located at 2890 FairIawn Place, subject to the following conditions. Aye: 5 Nay: 0 1. The property shall be platted. 2. The shed on Lot 2 shall be removed prior to the issuance of any permit for Lot 2. 3. An individual tree preservation plan is required at the time of building permit for Lot 2. 4. The developer shall provide evidence ofXcel Energy's release ofa portion of the easement to allow this proposed subdivision and construction ofa house on Lot 2, prior to final subdivision approval, in a form acceptable to the City Attorney. 5. A cash dedication in lieu of on-site water quality ponding is required for this development. 6. A cash park and trail dedication for Lot 2 is due at time of building permit. 7. Architectural designs and construction methods shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA. ADMINISTRATIVE AGENDA EAGAN HEIGHTS 3RD ADDITION - DIEDRICH BUILDERS A request was made for Council to restate their decision regarding a request for a Planned Development Amendment for Diedrich Builders on Lot 17, Eagan Heights 3rd Addition. The amendment included increasing the porch and deck size on Lot 17. Council indicated that an increase of 7 feet to the deck would be acceptable. Councilmember Fields moved, Councilmember Tilley seconded a motion to increase the deck size on Lot 17 from 5 feet wide to12 feet wide. Aye: 5 Nay: 0 A meeting of the Economic Development Authority was convened at 11 :00 p.m. The regular City Council meeting was reconvened at 11: 15 p.m. VISITORS TO BE HEARD There were no visitors who wished to be heard. Eagan City Council Meeting Minutes July 6, 2004 Page 8 ADJOURNMENT Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the regular City Council meeting at 11: 1 0 p.m. . }C&r-:", J!U'; f/ Da -/1,1 ~7' .'~ /' / fU-,~ c<:'" /c Ie? L,~/i r DePlftP City ClerW' </ 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.