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04/07/2004 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota April 7, 2004 A Listening Session was held prior to the regular City Council meeting at 6:30 in the Eagan Room of the Municipal Center. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Wednesday, April 7, 2004 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers, Fields, Tilley and Maguire. Councilmember Carlson was out of town. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, Assistant to City Administrator Lord, City Attorney Bob Bauer and Administrative Secretary / Deputy Clerk Mira McGarvey. AGENDA Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 CONSENT AGENDA Items S and V were pulled from the Consent Agenda for discussion. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the balance ofthe Consent Agenda. Aye:4 Nay: 0 A. Minutes. It was recommended to approve the minutes of the March 16, 2004 regular City Council meeting, the March 31, 2004 special City Council meeting, the March 16,2004 Board of Adjustments and Appeals meeting, and the March 9, 2004 special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Benjamin Koenke and Thomas Weinzettel as Eagan Police Officers contingent upon successful completion of required testing. 2. It was recommended to approve the hiring of Dave Westermayer as an Engineering Technician. 3. It was recommended to approve the hiring of persons to be recommended as Utility maintenance Workers. 4. It was recommended to approve the hiring ofElia Kylo as a seasonal forestry technician. 5. It was recommended to approve the hiring of Jeremy Barrick as a seasonal tree inspector. 6. It was recommended to approve the hiring of Steve Stafford, Brett Sharp, Allen Mestad, Aaron Guetzlaff, Ryan Tesky and Lindsey Taylor as seasonal landscape crew laborers. 7. It was recommended to accept the letter of resignation from Wayne St. Martin, Construction Inspector. 8. It was recommended to accept the letter ofresignation from Dispatcher Tony Wrobel. 9. It was recommended to approve the Burnsville Eagan Television staffing allocation as presented to both the Eagan and Burnsville City Councils on March 9, 2004 and to accept the 2004 budget as amended. 10. It was recommended to approve the Policy regarding HIPAA Compliance as required by the Privacy regulations of HIP AA. C. Check Registers. It was recommended to ratify the check registers dated March 18,2004, March 25, 2004 and April 1, 2004 as presented. D. Day of Praver. It was recommended to proclaim May 6,2004 as A Day of Prayer in the City of Eagan. E. Gambling Exempt Permit. It was recommended to adopt a resolution approving a Minnesota Lawful Gambling Exempt Permit for the Eagan Foundation to hold a raffle to be held at the Eagan Community Center on May 13, 2004. F. Tobacco License. It was recommended to approve a License to sell Tobacco Products for Hidalgo Market, Inc. #2, 4] 30 Blackhawk Road, Suite 108. 04-24 04-25 Eagan City Council Meeting Minutes April 7, 2004 Page 2 G. Tree Maintenance Contractor License. It was recommended to approve Tree Maintenance Contractor Licenses for Vertical Perfections Tree Care and Outdoor Specialties. H. Delinquent Utility Bills. It was recommended to schedule a Public Hearing for May 4, 2004 for the purpose of certification of delinquent utility bills to Dakota County for collection with property taxes. I. Delinquent False Alarm Bills. It was recommended to set a public hearing for May 4, 2004 to consider the final assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. J. Premise Permit. It was recommended to approve a Premise Permit for the Eagan Athletic Association to conduct a pull-tab operation at AI Baker's Restaurant. K. Service Station Licenses. It was recommended to authorize staff to discontinue licensing service stations. L. County Road 63 (Baffin Trail Turnback). It was recommended to approve a jurisdictional turnback agreement with Dakota County and Inver Grove Heights for County Road 63 (Baffin Trail) and authorize the Mayor and City Clerk to execute all related agreements. M. Project 806R. It was receive the Final Assessment Roll for Project 806R (Kennerick Addition - Storm Sewer Improvements) and schedule a public hearing to be held on May 4, 2004. N. Proiect 771. It was recommended to approve a resolution requesting the Minnesota Department of Transportation Commissioner's consideration of a variance to Municipal State Aid (MSA) standards regarding project plans and specification approval and contract award. O. Easement Vacation. It was recommended to receive the petition to vacate a portion of a public drainage and utility easement and schedule a public hearing to be held on May 4, 2004. P. Ordinance - Security Trailers. It was recommended to approve an ordinance to permit the location of office trailers on residential property for security purposes for State Constitutional Officers. Q. Final Plat. It was recommended to approve a Final Plat (Manley Plaza) to create one lot located at 1850 Plaza Drive. R. Final Subdivision. It was recommended to approve a Final Subdivision to create two commercial lots at 4155 Lexington Way, located on Lot 4, Block 1, Soderholm Addition. S. Findings of Fact. Findings of Fact, Conclusions and Resolution of Denial for a Conditional Use Permit and setback Variance for a pylon sign requested by Realty Designs, Inc. for property located at 3902 - 3938 Cedar Grove Parkway. - Continued T. Findings of Fact. It was recommended to adopt the Findings of Fact, Conclusions and Resolution of Denial for a Conditional Use Permit for additional outdoor storage requested by Midwest Tile for property described as Lot 5, Block 1, Eagan Pointe, located at 3181 Dodd Road. U. Ordinance Amendment. It was recommended to authorize the preparation of an ordinance amending City Code Chapter 11 to require screening of rooftop mechanical units for commercial, industrial and multifamily residential buildings and to establish standards for appropriate levels of development site lighting. V. Wireless Fingerprint Identification System. It was recommended to approve a Memo of Understanding between the City of Eagan and Hennepin County for a "Wireless Fingerprint Identification System". W. Seasonal Memberships. It was recommended to approve the $75.00 fee and promotion of a 90 day seasonal membership to the Eagan Community Center. X. Project 906. It was recommended to receive the petition and authorize the preparation of plans and specifications by the City Engineer for Project 906/Contract 04-07 (Lexington Ridge - Street Improvements) NEW BUSINESS CONDITIONAL USE PERMIT - CEDARV ALE LANES City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to allow an additional volleyball court in the parking lot April through August at property located at 3883 Cedar Grove Parkway. City Planner Ridley gave a staff report. A brief discussion was held regarding the condition that no alcoholic beverages be served or brought onto the volleyball courts. 04-26 04-27 04-2R 04-29 04-30 Eagan City Council Meeting Minutes April 7, 2004 Page 3 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow an additional volley ball court in the parking lot April through August at property located at 3883 Cedar Grove Parkway, subject to the following conditions: Aye: 4 Nay: 0 1. The Conditional Use Permit shall be recorded at Dakota County Recorder's office within 60 days of its approval by the City Council. 2. A copy of the parking agreement shall be provided to the City prior to release of the Conditional Use Permit. 3. The volleyball courts may be used during May through August each year. The courts shall be removed by Labor Day each year. 4. The volleyball courts shall be in the location shown on the site plan dated 12/12/03. 5. The volleyball courts shall be secured by fencing and other materials as shown in the elevation plans dated 12/12/03, and access to the courts shall be gained only through the main building. 6. All signage shall comply with the City Sign Code requirements. 7. No alcoholic beverages may be served or brought into the volleyball courts or the walkway leading to the courts. 8. A building permit shall be obtained each year prior to construction of the volleyball courts, decking and associated facilities. 9. Site lighting shall be indirect and diffused and lighting shall not be directed upon public rights-of-way or adjacent properties. Light standards shall not exceed 27 feet in height. 10. To ensure access in case of emergency, no parking shall be allowed adjacent to the courts. 1]. This Conditional Use Permit shall amend the CUP approved in 1998. PLANNED DEVELOPMENT AMENDMENT - HOME DEPOT City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a garden hoop structure within the seasonal sales area on property located at 3220 Denmark Avenue. City Planner Ridley gave a staff report. Todd Moser, representing Home Depot, described the proposed structure. Councilmembers agreed that the color of the structure should be white. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow a garden hoop structure within the seasonal sales area on property located at 3220 Denmark Avenue subject to the following conditions: Aye: 4 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property. 2. The temporary hoop like structure stored in the seasonal sales area is limited from April to mid-July each year. 3. A building permit is required for the hoop structure each year. 4. The temporary hoop structure shaIl be located as indicated on plans dated February 13,2004. 5. The approved hoop structure shall only house plants and related gardening items. 6. The material of the hoop structure shall be white. PRELIMINARY SUBDIVISION (PATRICK EAGAN PARK ADDITION) AND REZONING TRUST FOR PUBLIC LAND City Administrator Hedges introduced this item regarding a proposed Preliminary Subdivision of 11 acres to create a two acre parcel and a nine acre outlot, and a rezoning of2 acres located at 4045 Lexington Avenue. City Planner Ridley gave a staff report and requested that the Final Subdivision for Patrick Eagan Park Addition be considered as well. Eagan City Council Meeting Minutes April 7, 2004 Page 4 Councilmember Maguire moved, Councilmember Tilley seconded a motion to add consideration of the Final Subdivision for Patrick Eagan Park Addition to the agenda. Aye: 4 Nay: 0 Bob McGillvary, representing Trust for Public Land expressed his opposition to the sanitary and storm sewer trunk charges and subdivision fees. The Council and applicant discussed the fees as being "fair share" fees, not development fees. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Rezoning of2 acres located at 4045 Lexington A venue from Agriculture to E, Estate. Aye: 4 Nay: 0 Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision (Patrick Eagan Park Addition) of 11 acres to create a two acre parcel and a nine acre Outlot on property located at 4045 Lexington Avenue; subject to the following conditions: Aye: 4 Nay: 0 1. The developer shall comply with these standards conditions of play approval as adopted by Council on February 2, 1993: Al,Bl,3. 2. The property shall be platted. 3. This development shall dedicate public right-of-way along Lexington Avenue, as determined by the Dakota County Plat Commission. 4. The final plat shall show dedicated right-of-way of75 feet for Outlot A. 5. To preserve the integrity of the area, a covenant, in a form acceptable to the City Attorney, shall be prepared and recorded against the property that prohibits further subdivision of Lot 1, Block 1. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the Final Subdivision 04-31 (Patrick Eagan Park Addition) of 11 acres to create a two acre parcel and a nine acre Outlot on property located at 4045 Lexington Avenue. Aye: 4 Nay: 0 Councilmember Maguire moved, Councilmember Tilley seconded a motion to recess the regular City Council meeting and immediately convene a meeting of the Economic Development Authority at 7:20 p.m.. Aye: 4 Nay: 0 Councilmember Maguire moved, Councilmember Tilley seconded a motion to reconvene the regular City Council meeting at 7:30 p.m. OTHER BUSINESS RESOLUTION APPROVING THE PURCHASE AGREEMENT FOR CITY ACQUISITION OF PROPERTY FOR REDEVELOPMENT, CEDAR GROVE REDEVELOPMENT DISTRICT JIM COOPER GOODYEAR City Administrator Hedges briefly discussed the proposed Purchase Agreement for the City Acquisition of Property for redevelopment in the Cedar Grove Redevelopment District. Councilmember Fields moved, Councilmember Tilley seconded a motion to adopt a Resolution Approving the Purchase Agreement for City Acquisition of Property for Redevelopment, Cedar Grove Redevelopment District, Jim Cooper Goodyear, 3999 Cedarvale Drive, and Related Agreements. Aye: 4 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 7:35 p.m. Eagan City Council Meeting Minutes April 7, 2004 Page 5 1IVO/ Date 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. BOARD OF ADJUSTMENTS AND APPEALS CITY OF EAGAN, MINNESOTA IN THE MATTER OF THE DENIAL OF VARIANCES FOR 1745 SARTELL AVENUE, EAGAN, MINNESOTA. This matter came before the Eagan Board of Adjustments and Appeals on January 20, 2004 to consider an appeal by Todd Wagner (the "Applicant") of a Decision made by the Eagan City Council to deny variances. Anthony DeGuerre appeared on behalf of the Applicant. The Board received and considered the Eagan City Council's Findings of Fact, Conclusions and Resolution of Denial, dated December 1, 2003; the minutes of the November 18 and November 6, 2003 Eagan City Council Meetings; the City of Eagan's Planning Report dated October 29, 2003; evidence from neighboring residents, all existing files, records and prior proceedings and . material as presented to the Council, together with letters submitted by Mr. DeGuerre on behalf of the Applicant. FINDINGS 1. At its regularly scheduled meetings of November 6, 2003 and November 18, 2003, the Eagan City Council considered the Applicant's requests for: (i) a variance to allow an accessory structure (garage) to exceed the size of the principal home; and (ii) a variance to allow the proposed garage walls to exceed ten (l 0) feet in height. These variances were required in connection with the construction of an additional garage of 810 square feet ( 18' x 45') to be located on Lot 4, Block 9, Cedar Grove Number 8, commonly described as l745 Sartell Avenue (the "Property"). 2. In September of 2003, the Applicant submitted an application for a building permit to construct an 810 square foot garage, with walls of 13 feet in height, and an overhead door measuring 16 feet wide by 12 feet high. Applicant began construction of the garage shortly thereafter. 3. Inspectors from the City's building department visited the Property on September 23 and October 7, 2003 to inspect the footings and the foundation for the garage. 4. During the inspection of October 7, the inspector notified the Applicant that there were concerns with the Project, due to the square footage of the garage exceeding the square footage for the foundation of the principal residence. 5. Shortly following the inspection, the City notified the Applicant that the Applicant's Project required variances due to the size and height of the proposed garage. 6. On October 16, 2003, the Applicant submitted applications for variances to allow the proposed garage to exceed the size of the principal structure and to allow for the side walls of the proposed garage to exceed ten feet in height. 7. Section l1.50, subd. 3 of the City Code states that the Council may grant variances from the strict application of the City Code and impose conditions and safeguards in the variances so granted where practical difficulties or particular hardship result from carrying out the strict letter of the Code. 8. Section 11.50, subd. 3(b)(3) of the City Code reqUIres the City Council to consider the following factors in determining whether to approve or deny a request for a vanance: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances of which the owners of property have no control. b. The literal interpretations of the provlSlons of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this code. c. applicant. Special conditions or circumstances do not result from the actions of the d. The granting of the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. e. The vanance requested IS the mmlmum vanance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zoning. 9. In conjunction with its application for the variances, the Applicant stated that: "my hardship is that I need a large storage space for my R.V. and the city had approved it and now they stopped me. My R.V. is 36 feet long and 11 feet 8 inches tall and that is why I want to go so large..." 10. At the public hearing held by the City Council on November 6, 2003, the Council took testimony from the Applicant, from neighbors of the Applicant, as well as acknowledged several letters submitted to the Council in opposition to the granting of the variances. Several neighboring residents spoke against the granting of the variances, noting that the size of the proposed garage was out of character with the neighborhood and that its construction would alter the use of the property from a primarily residential use to primarily storage use. One neighbor referred to the Planning Report which noted that the 810 square foot addition was in addition to an existing 440 square foot garage as well as a detached shed of 144 square feet, and that the total square footage of the storage areas would exceed the 1,002 square foot footprint of the residential dwelling. 11. The building plan submitted by the Applicant for the construction of the garage indicate that the front door to the garage would be 16 feet wide and 12 feet high, approximately 5 feet higher than a standard residential garage for automobiles. 12. The matter was continued by the Council to its meeting of November 18, 2003. 13. At its meeting of November 18, 2003, the City Council heard additional testimony from the Applicant and neighbors, and received additional letters in opposition from neighbors. The Council then directed staff to prepare written findings to deny the variances based on the statements made by the Council members in opposition to the granting of the variances. 14. Prior to its December l, 2003 meeting, the City Council had received a letter dated November 28, 2003, prepared by the law firm of Dudley and Smith on behalf of the Applicant. The letter summarized the Applicant's reasons why the Council should not adopt the denial of the variance as a matter of law and instead, should find that the variance either be granted or allow for a proper conditional use hearing so that the Applicant may receive "proper due process". 15. On December 1, 2003, the Council denied the Applicant's requests for variances and adopted the Findings of Fact, Conclusions and Resolutions for Denial. 16. Following denial of the variances, the Applicant filed an appeal with this Board to review the City Council's decision. l7. On January 20, 2004, the Board received all previous material submitted and reviewed by the City Council and further heard testimony from the Applicant as well as from neighbors in opposition to the granting of the variances. 18. Following the close of testimony, the Board granted the Applicant and any other interested party the right to submit a final argument and additional materials to the Board, no later than January 30, 2004. 19. By letter dated January 29,2004, the law firm of Dudley and Smith on behalf of the Applicant submitted a letter to supplement its oral argument of January 20, which letter included Exhibits "A" through "J," as representative of money committed by the Applicant to the construction of the structure. CONCLUSIONS l. At the hearing of January 20, 2004, and as further set forth in the letter of January 29, 2004, the Applicant argues that the Board should find that the City of Eagan ought to be estopped from enforcing its zoning variance against Mr. Wagner and notes that the City's interest in enforcing its zoning laws would not subsequently be impaired. 2. Minn. Stat. S462.354, subd. 2, authorizes the city to such other duties as the city may direct. 3. While the Applicant raises equitable issues in his appeal, the Applicant fails to allege that an error has occurred in the Council's decision of denial. Minn. Stat. S462.357, subd. 6 authorizes the Board to hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the enforcement of the zoning ordinance. 4. Section 11.50, subd (2)(c) of the City Code authorizes the Board to make a finding of fact and make a decision on appeal where it is alleged by the Applicant that error has occurred in any Council decision. 5. The Board's authority granted by statute and ordinance do not grant to the Board the power to issue such a decision. 6. The Council's resolution of denial was based upon its conclusion that the granting of the Applicant's request would create a condition that would not be in keeping with the spirit and intent of the R-1, Single-family Residential zoning district. The Council concluded that the proposed accessory structure (a garage), together with the existing garage, would render the primary use of the Property as garage storage, thereby rendering the single-family dwelling a subordinate use. Furthermore, the Council found that the proposed variance would be without justification, other than convenience to the property owner and would be a direct and detrimental impact to the adjoining properties. The Board finds no reason or evidence to disagree with the Council's conclusions. RESOLUTION The Eagan Board of Adjustments and Appeals does hereby resolve to affirm the Eagan City Council's denial of the Applicant's requests for variances. Motion made by Tilley, seconded by Geagan. 5 voted for 0 voted against Dated at Eagan, Minnesota this 16th day of March, 2004. CITY OF EAGAN