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06/15/2004 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota June 15,2004 A regular meeting of the Eagan City Council was held on Tuesday, June 15,2004 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 a presentation would be made regarding the Chinese delegation and that item B under Old Business would be continued to July 6, 2004. Mayor Geagan noted that a presentation would be made regarding youth access to alcohol and tobacco. Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS HISTORY ON DECK - PLAYING CARDS Communications Director Garrison discussed the "History on Deck" playing cards recognizing the sponsors of the program. The City Council was presented with the first five decks of cards at a cost of $5 each. The cards will go on sale to the public Thursday, June 17, 2004. CHINESE GIFT PRESENTATION Ann Carlson, ECVB and LaDonna Boyd of Dakota Electric presented the Council with gifts from Chengde City, China that was presented to the China Delegation during their recent trip. TOBACCO / ALCOHOL COMPLIANCE CHECKS Chief of Police Therkelson discussed recent tobacco and alcohol compliance checks. CONSENT AGENDA Councilmember Fields moved, Councilmember Maguire seconded a motion to approve the Consent Agenda. Aye:5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the June 1,2004 regular City Council meeting and the June 1,2004 Listening Session minutes as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Jennifer Gerde as a part-time seasonal recreation leader. 2. It was recommended to approve the hiring of Michelle Finlon and Kelley Hammond as part-time seasonal recreation assistants. 3. It was recommended to approve the hiring of Judith Forde, Lynda Speikers, Barb Mason, Pamela Clarke-Garcia, Jennifer Kasiewicz and Alison Hunter as part-time seasonal preschool program instructors. 4. It was recommended to approve the hiring of Joan Rodgers and Lisa Sarne as part-time seasonal preschool program instructor's assistants. Eagan City Council Meeting Minutes June 15, 2004 Page 2 5. It was recommended to approve the hiring of Jennifer Kranz as a art-time seasonal preschool instructor's assistant/puppeteer. 6. It was recommended to approve the hiring of Melissa Buntjer as a part-time seasonal recreation assistant puppeteer. 7. It was recommended to approve the hiring of Amber Geske as a part-time seasonal puppet wagon site coordinator. 8. It was recommended to accept the resignation of Kevin Doehling from his position as a Park Maintenance Worker. C. Check Registers. It was recommended to ratify the check registers dated June 3, 2004, and June 10,2004 as presented. D. Special City Council Meeting. It was recommended to schedule a special City Council meeting on June 29, 2004. E. Resignation. It was recommended to accept the resignation of economic development commission member Jean Cheskis. F. Resignation. It was recommended to accept the resignation of Airport Relations Commission member Bruno DiNella. G. Appointment - EDC. It was recommended to approve the appointment of Economic Development Commission (EDC) alternate member Christopher Nelson to a 10 month voting EDC Term until April 200S. H. Appointment - ARC. It was recommended to approve the appointment of Airport Relations Commission (ARC) alternate member Jason Bonnett to a 10-month voting ARC term until April 2005. I. Premise Permit. It was recommended to adopt a resolution approving the renewal of a Premise Permit for the Metro Baseball League to conduct a pull-tab operation at Joe Sensers, 3010 Eagandale Place. J. Extension - Massage Therapy Licenses. It was recommended to approve extension for the renewal of Massage Therapists Licenses until July 30, 2004. K. Temporary Malt Liquor License. It was recommended to approve a temporary malt liquor license for the Eagan Lions Club and waive the $25.00 license fee. L. Request for Proposal. It was recommended to approve an advertisement of request for proposal for a beverage contract with the City of Eagan. M. Request for Proposal. It was recommended to approve the advertisement for Request for Proposal for exclusive ceiling drapery services at the Eagan Community Center. N. Request for Proposal. It was recommended to approve the advertisement for request for proposal for exclusive outdoor chair/tent vendor service at the Eagan Community Center. O. Contract 02-15B. It was recommended to approve Change Order No.5 to Contract 02-15B (Community Center Site Improvements) and authorize the Mayor and City Clerk to execute all related documents. P. Pro;ect 908. It was recommended to authorize the preparation of a feasibility report by the City Engineer for Project 908 (Trunk Water Main Improvements - LeMieux Property, Lakeview Trail to Violet Lane). Q. Amusement Device License Renewals. It was recommended to approve Amusement Device License renewals for Minnesota Robins, Inc., American Coin Merchandising, Inc. and Donald Awe. R. Contract 04-08. It was recommended to receive the bids for Contract 04-08,2004 City-Wide Sanitary Sewer Lining. S. Traffic Signal Light Replacement. It was recommended to approve payment for replacement of traffic signal lights to Dakota County Transportation Department in the amount of$8,499 as part of the Dakota Electric Association LED traffic signal retrofit rebate program. T. Contract 03-09. It was recommended to approve Change Order #5 to Contract 03-09 (Water Treatment Plant Expansion) and authorize the Mayor and City Clerk to execute all related documents. U. Project 778. It was recommended to approve retaining a firm to perform professional engineering services for the design, bid and construction phases of Project 778 (Trunk Highway 149 Upgrade - Divided 4-Lane Highway) and authorize the Mayor and City Clerk to execute all related contract documents. V. Easement Vacation. It was recommended to receive the petition to vacate a portion of a public drainage and utility easement on Lot I, Block 1, Stryker Addition and schedule a public hearing to be held on July 20, 2004. W. Findings of Fact for Denial. It was recommended to adopt Findings of Fact for Denial, Planned 04-45 Development Amendment - Pellicci, Inc. for 1,000 gallon propane. 04-44 Eagan City Council Meeting Minutes June 15, 2004 Page 3 X. Final Plat. It was recommended to approve the final plat of Minnesota Valley Transit Authority 2nd 04-46 Addition, Minnesota Valley Transit Authority. Y. Comprehensive Guide Plan. It was recommended to approve the final adoption of the City of Eagan Comprehensive Guide Plan, section 5, Aviation and Airports. Z. Donation. It was recommended to accept a donation of $275 toward the Parks and Recreation Scholarship Fund from Bonestroo, Rosene, Anderlik and Associates. AA. History Card Distribution. It was recommended to approve the distribution plan for the "History on Deck" playing cards. PUBLIC HEARINGS VARIANCE TO THE FRONT YARD SETBACK FOR PRINCIPLE STRUCTURE FOR PROPERTY AT 962 ST ANWIX ROAD - RAY BRANDT City Administrator Hedges introduced this item regarding a request for a 10 foot variance to the required front yard setback for a new house, located at 962 Stanwix Road. Ray Brandt, applicant, discussed the background of the subject property in regard to the requested variance. Mayor Geagan opened the public hearing. One area resident spoke, questioning the need for the variance. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a 10 foot Variance to the required front yard setback for a new house, located at 962 Stanwix Road, Lot 2, Block 1, Gardenwood Ponds Sixth Addition, subject to the following conditions. Aye: 5 Nay: 0 I. 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 applies only to the principle building. OLD BUSINESS CONDITIONAL USE PERMIT TO ALLOW PAYROLL CHECK CASHING - W ALMART City Administrator Hedges stated that staff is requesting the item be continued to the August 17, 2004 City Council meeting pending additional information from Wal-Mart and Sam's Club. Councilmember Carlson moved, Councilmember Fields seconded a motion to continue consideration of a Conditional Use Permit to allow payroll check cashing at the check out registers at Wal-mart located at 1360 Town Centre Drive to the August 17,2004 City Council meeting. Aye: 5 Nay: 0 REZONING, PRELIMINARY SUBDIVISION (EVERGREEN ENCLAVE) EPIC DEVELOPMENT This item was continued to the July 6, 2004 City Council meeting with the adoption of the agenda. Eagan City Council Meeting Minutes June 15, 2004 Page 4 REZONING - CEDARSTONE DEVELOPMENT Councilmember Tilley stated that she would be abstaining from review and action on this item. City Administrator Hedges provided an overview of this request for a rezoning of five acres from Agriculture to R-2, Residential Double for property located at 1055 Wescott Road which was continued from the June 1,2004 City Council meeting. He clarified that approval of this item would require a super majority vote. City Planner Ridley gave a staff report. Neil Blanchet, attorney representing the developer, made a presentation regarding the proposed rezoning and the City's Comprehensive Guide Plan for the area. Pat Plautz, Cedarstone Development briefly discussed the proposed project. Cletus Levastay, Masterworks Construction discussed other projects his company has completed. Six residents spoke in opposition to the proposed rezoning and possible twin home development due to traffic, tree loss, density and visibility. Staff explained the calculation process for density and impervious surface coverage. The Council held a discussion and generally agreed with the proposed development, however, they also agreed that a plat should be submitted along with the rezoning request. It was noted that past practice has been not to approve rezonings without a proposed plat. Mr. Blanchet submitted a written extension of the agency action deadline. He stated a proposed plat will be submitted for the September 28, 2004 Advisory Planning Commission. REZONING - ROBERT MCDONALD Councilmember Tilley stated that she would be abstaining from review / action on this item. City Administrator Hedges introduced this item regarding a request for a rezoning of five acres from Agriculwre to R-l, Single Family Residential District for property located at 1085 Wescott Road which was continued from the June 1,2004 City Council meeting. City Planner Ridley gave a staff report. Robert McDonald requested a continuance of this item and submitted a written extension of the agency action deadline until October 19, 2004. REZONING, PRELIMINARY SUBDIVISION & PRELIMINARY PLANNED DEVELOPMENT- METROPOLIT AN OFFICE CONDOS LLC, City Administrator Hedges provided an overview of this request for a rezoning of four acres from LB, Limited Business to PD Planned Development, a Preliminary Planned Development to create 22 town offices, common area and one dental office, and a Preliminary Subdivision of6.9 acres to create 7 lots at property located east of Pilot Knob Road at Marice Drive. This item was continued from the June 1,2004 City Council meeting. City Planner Ridley gave a staff report, outlining the changes that have been made to the plans. Discussion was held regarding the proposed signage. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Rezoning of four acres from LB, Limited Business to PD Planned Development for property located east of Pilot Knob Road at Marice Drive between Sherman Court and I-35E. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes June 15,2004 Page 5 Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Preliminary Planned Development to create 22 town offices, common area, and one dental office on property located East of Pilot Knob Road at Marice Drive between Sherman Court and I-35E, subject to the foIlowing conditions. Aye: 5 Nay: 0 1. The applicant shall enter into a Preliminary Planned Development Agreement with the City that shall be recorded at the Dakota County Recorder's Office. 2. This Planned Development is for town offices and a dental building. Residential occupation/uses shall be prohibited. 3. The applicant shall enter into a Final Planned Development Agreement with the City and shall be recorded at Dakota County Recorder's Office. The following exhibits reflecting those reviewed by the City Council on June 15,2004 are necessary for the agreement: A. Final Site Plan B. Final Building Elevations Plan C. Final Tree Preservation Plan D. Final Landscape Pan E. Final Lighting Plan F. Final Signage Plan 4. All mechanical equipment shall be screened from public rights-of-way and properties with different land use designation. 5. If complaints are registered to City offices about a parking problem within this development the proof of parking shall be implemented and additional landscaping installed where necessary. 6. All trash enclosures shall be constructed with similar materials as the principal building. 7. Prior to final application, the applicant shalI provide the City Council with a detailed landscaping and tree preservation plan. 8. No commercial signage shall be allowed on the building. 9. No residential uses shall be allowed within the planned development. 10. No temporary signage will be allowed. Councilmember Carlson moved, Council member Fields seconded a motion to approve a Preliminary Subdivision (Northwood Office Condos) of6.9 acres to create 7 lots at property located east of Pilot Knob Road at Marice Drive between Sherman Court and I-35E subject to the following conditions. Aye: 5 Nay: 0 1. The property shall be platted. 2. Maintenance ofalI retaining walls within the development shalI be the responsibility of the development's association. 3. The developer shalI construct an outlet structure and pipe system from the wetland in accordance with City engineering standards. 4. The developer shall be responsible for lowering the water main to ensure that there is a 7 1f2 feet of ground cover between the final development grades and the top of the existing water main within the site. 5. This development shall dedicate drainage and utility easements over the existing sanitary sewer lines of a width equal to two times their depth, or 40 feet, whichever is less. 6. The developer shall be responsible for the pre-payment ofthe street assessment for the frontage of the proposed development adjacent to the future construction portion of Sherman Court (approximately 165 feet) 7. If any development construction or grading activity is to occur within I-35E right-of-way, the developer shall be responsible for obtaining the necessary MN Department of Transportation permits. 8. The developer shall petition, and Council action shall occur, on the vacation of Marice Drive right-of- way within the site prior to final subdivision approval. 9. The development shalI satisfy any parks and trails dedications due by a cash dedication. 10. The applicant shall be required to fulfill tree preservation mitigation through the installation of fifty- four (54) Category B trees to be installed on site. 11. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be required to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodland to be preserved. Eagan City Council Meeting Minutes June 15, 2004 Page 6 12. 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. 13. This development shall meet the City's water quality requirements by creating stormwater treatment capacity through a minimum wet-pond volume of 0.22 acre-feet covering an area of about 0.15 acres. The stormwater treatment pond should be constructed according to NURP standards with a maximum depth of 10 feet, a 10: I aquatic bench, and an outlet skimmer according to City design standards. 14. To the extent practicable, a 30-foot wide buffer of natural, undisturbed vegetation outside the boundary of the wetland should be maintained before during, and after construction. 15. A property Owner's Association shall be established for the maintenance of common area and provide copies of the organizational documents for review and approval to the City Attorney. 16. Lot 5 shall be incorporated into Lot 1 for common area. RECEIVE LEGAL OPINION AND PROVIDE DIRECTION ON THE LAUKKA-BECK AND LOAN OAK DEVELOPMENT PROPOSALS City Administrator Hedges provided an overview of this item explaining that at the City Council meeting of May 18, 2004, the applicant, Laukka-Beck and Loan Oak Development, withdrew their application for Comprehensive Guide Plan Amendments and requested instead that the City Council consider a Planned Development Concept and a legal opinion by the applicants' attorney suggesting that a Comprehensive Guide Plan Amendment would not be necessary to process their development proposals. The City Council, at the May 18th meeting, directed the City Attorney to prepare an opinion addressing the issues raised in the applicants' attorney's presentation to help define the Council's prerogatives and the actions that would need to be considered to process the applicant's proposals. City Attorney Dougherty provided a summation of his legal analysis, dated June 10,2004, regarding the matter. City Councilmembers discussed the original proposed Comprehensive Guide Plan Amendment as well as the possibility of a moratorium for the area to allow time for a complete study of future uses. It was agreed that a Comprehensive Guide Plan Amendment is necessary to consider the proposed developments and that a moratorium on the entire Special Area 1 would be needed and beneficial to study the factors that will help them decide whether or not to approve such an amendment. A time frame for the proposed moratorium was also discussed but not decided. Mayor Geagan Moved, Councilmember Fields seconded a motion to direct the City Attorney to prepare an Interim Ordinance to establish a moratorium to be brought back for consideration at the July 6, 2004 City Council meeting. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT - DIEDRICH BUILDERS, INC. City Administrator Hedges provided an overview of this item regarding a request for a Planned Development Amendment to increase the berm along Diffley Road by two feet for Eagan Townhomes 3rd Addition and a Planned Development Amendment to increase the porch size for Lots 5,9, 10 and 17 and to add a two foot cantilever on the units on Lots 5, 8, 9 and 10. This item was continued from the June 1,2004 City Council meeting to allow the developer time to address screening issues. City Planner Ridley reviewed the proposed landscape changes. A resident of the townhouse complex stated Mr. Diedrich had worked well with the neighbors, they were pleased with the additional screening, and also requested the Council restrict the access to decks on future units. CounciImembers unanimously stated their distaste with restricting deck access. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to increase the berm along Diffley Road by two feet for Eagan Townhomes 3rd Addition, subject to the following condition. Aye: 5 Nay: 0 1. The Planned Development Amendment Agreement must be executed and recorded. Eagan City Council Meeting Minutes June 15, 2004 Page 7 Councilmember Maguire moved, Councilmember TiIley seconded a motion to approve a Planned Development Amendment to increase the porch size for Lots 5, 9, 10 and 17 and to add a two foot cantilever on the units on Lots 5, 8, 9 and 10, for townhouses on Lots 5, 8, 9, 10 and 17 Block 2, Eagan Heights 3rd Addition, subject to the foIlowing conditions. Aye: 5 Nay: 0 1. The Planned Development Amendment Agreement must be executed and recorded. 2. The changes only apply to Lots 5, 8, 9, 10, and 17, Block 2, Eagan Heights 3rd Addition. 3. The changes are as specified on the submitted Site Plans. 4. An updated landscape plan shaIl be submitted prior to the release of the Planned Development Agreement for recording. PLANNED DEVELOPMENT AMENDMENT - MSP COMMERCIAL DESIGN OF AN EXISTING MONUMENT SIGN City Administrator Hedges introduced this item regarding a request for a planned development amendment to allow design, size content changes to the existing monument sign on property located at 1185 Town Centre Drive. City Planner Ridley gave a staff report. Bridget Helwig, MSP Commercial, explained the need for the sign modification as providing destination information to visitors without the difficulty of entering the building to verify the location. Councilmembers discussed concerns with losing the name of the building, visibility and the perceived problem of clients finding the site and/or the specific tenant. A representative ofSt. Paul Radiology, one of the tenants in the building stated they receive complaints from their patients regarding difficulty in locating the correct building. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to all ow design, size content changes to the existing monument sign on property located at 1185 Town Centre Drive, legaIly described as Lot 1, Block 1, Gatewoods Addition, in the NE Y4 of Section 15 subject to the following conditions. Aye: 4 Nay: 1 Maguire opposed. 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. Recording of the Agreement must be completed prior to issuance of a sign permit. 2. A sign permit must be obtained prior to instaIlation of the monument sign. 3. The monument sign location shaIl not change; the sign shall be set back at least 10 feet from all property lines, and shaIl not exceed 7 feet in overaIl height, 4 feet in sign face area height, and 12 feet 6 inches in overaIl sign width. 4. The seconded monument, proposed to be located at the O'Leary Lane entrance, shall be eliminated from the Planned Development. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING AND PRELIMINARY SUBDIVISION INTERSTATE PARTNERS City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment from BP, Business Park, to liS, Office Service and the review of a rezoning, preliminary planned development and preliminary subdivision located at the northwest intersection of Highways 55 and 149. City Planner Ridley gave a staff report. Greg Miller, Interstate Partners, was present to answer any questions of the Council. Eagan City Council Meeting Minutes June 15, 2004 Page 8 Councilmember Tilley moved, Councilmember Fields seconded a motion to direct that a Comprehensive Guide Plan Amendment from BP, Business Park to O/S be submitted to the Metropolitan Council for review and approval. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to review a Rezoning/Preliminary Planned Development and Preliminary Subdivision (Grand Oak Five). Aye: 5 Nay: 0 ORDINANCE AMENDMENT - CITY OF EAGAN City Administrator Hedges introduced this item regarding an Ordinance Amendment to modify Chapter 11, Section 11.60 regarding accessory buildings in the Public Facility Zoning District. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an Ordinance Amendment and direct publication of same to modify Chapter 11, Section 11.60 regarding accessory buildings in the Public Facility Zoning District. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember moved, Councilmember seconded a motion to adjourn the regular City Council meeting at 11 :05 pm I- (?};, Ie? 1)/ (~t'c - , D t / ~/ a e 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 aII 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.