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03/16/2004 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota March 16,2004 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 Tuesday, March 16,2004 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, Assistant to City Administrator Lord, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira McGarvey. AGENDA City Administrator Hedges stated that Dave Fritzie would not be making a presentation regarding the Football Boosters Club Phosphorus Free Fertilizer Sale. Councilmember Fields moved, Councilmember Carlson seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Park and Recreation Director Ken Vraa discussed his upcoming retirement and expressed his appreciation to the Mayor, Council and Department Directors for the opportunity to have worked with them throughout his career with the City of Eagan. The Mayor and City Councilmembers praised Mr. Vraa for his twenty four years of public service to the community as the Director of Parks and Recreation. CONSENT AGENDA Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the March 1,2004 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to accept the resignation of Gina Roggenbuck, Community Development Clerical Technician. 2. It was recommended to approve the decision of the Executive Board of the Eagan Volunteer Fire Department to terminate the membership of Fire Fighter Todd Sutter from the Fire Department due to failure to meet attendance requirements. C. Check Registers. It was recommended to ratify the check registers dated March 4, 2004 and March 11, 2004 as presented. D. Liquor License. It was recommended to approve a change in management on the liquor license for Parkview Golf Club located at 1310 Cliff Road. E. Proposal for Sale of City Propertv. It was recommended to authorize distribution of a request for proposal for sale of city property at the northwest corner of Highway 3 and Diffley Road. F. Project 851. It was recommended to receive the Final Assessment Roll for Project 851 (Town Centre Area - Street & Access Management Improvements) and schedule a public hearing to be held on April 20, 2004. G. Project 882. It was recommended to receive the Final Assessment Roll for Project 882 (Crestridge Lane- Street Improvements) and schedule a public hearing to be held on April 20, 2004. H. Contract 03-12. It was recommended to approve the revised plans and specifications for Contract 03-12 (TH 13 and Silver Bell Road - Intersection Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, April 15, 2004. I. Grant Application. It was recommended to approve an application from the Eagan Fire Department for the purpose of securing funding for replacement of the mobile command vehicle. Eagan City Council Meeting Minutes March 16, 2004 Page 2 J. Outdoor Recreation Grant. It was recommended to approve submission of the DNR Outdoor Recreation 04-23 Grant, and authorize the Mayor and City Clerk to sign a resolution of support for the project. K. Contract - Lifework Services. It was recommended to approve renewal of a one year contract with Lifeworks Services Inc. for janitorial services in designated park buildings, and authorize the Mayor and City Clerk to sign the appropriate documents. L. Agreement. It was recommended to approve an agreement to be entered into between Mr. Robert E. Peterson and the City for providing electrical service at East Thomas Lake for lake aeration. M. Technologv Task Force. It was recommended to approve the creation of a Technology Task Force and the official charge to the committee as outlined in the attachments, and set the timeline or reporting back to the City Council. N. Wireless Broadband Consultant. It was recommended to approve the hiring of a wireless broadband technology consultant to assist the work of the Technology Task Force in completing its charge. Cost for this consultant shall not exceed $30,000 - $50,000 to be paid from City franchise fees. O. Central Park Festival Grounds Electrical System. It was recommended to approve plans and specifications for the installation of an electrical system for the Centra) Park Festival grounds and authorize staff to implement the plan utilizing the services of the contractor providing the lowest responsible quotation within the budget. P. Amendment to Minutes. It was recommended to approve an amendment to the minutes of the December 8, 2003 City Council Workshop. PUBLIC HEARINGS VARIANCE - JASON AND LAURIE FINK City Administrator Hedges introduced this item regarding a request for a variance to allow a building lot coverage of 21 % for property located at 2083 Pine Oak Drive. City Planner Ridley 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 Maguire moved, Councilmember Tilley seconded a motion to approve a Variance to allow a building lot coverage of21 % for property located at 2083 Pine Oak Drive, legally described as Lot 9, Block 1, Vienna Woods, in the NE y.. of Section 31 subject to the following condition. 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 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. VARIANCE - MANLEY CONSTRUCTION City Administrator Hedges introduced this item regarding a request for a variance to allow a 25.2% building lot coverage where 24.7% had been originally approved and a change in building design mix for properties legally described as Lots 1-17, Block 1 and Lots 1-7, Block 2, Centennial Ridge. City Planner Ridley 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 Carlson moved, Councilmember Fields seconded a motion to approve a Variance to allow a 25.2% building lot coverage where 24.7% had originally been approved and a change in building design mix for properties legally described as Lots 1-17, Block 1 and Lots 1-7, Block 2, Centennial Ridge and allow either two story style or rambler style houses to be built on these lots located it the NW y.. of Section 28 subject to the following condition: Aye: 5 Nay: 0 Eagan City Council Meeting Minutes March 16, 2004 Page 3 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. VACATE PUBLIC RIGHT OF WAY, DODD ROAD City Administrator Hedges introduced this item regarding the vacation of public right-of-way known as Dodd Road adjacent to 660 Cliff Road. Public Works Director Colbert gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the vacation of public right-of- way known as Dodd Road adjacent to Parcel 10-03600-030-25 (660 Cliff Road), reserving the rights for drainage and utility purposes, and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 PROJECT 877, LEXINGTON A VENUE City Administrator Hedges introduced this item regarding Lexington Avenue street and trail improvements which was continued from the March 1,2004 Council meeting. Public Works Director Colbert provided an overview of the proposed project. Representatives of Dakota County were present to provide additional information regarding traffic volumes and projections. Mayor Geagan opened the public hearing. Bob Petchel, 2882 Lexington, expressed his opposition to the project and questioned the installation of a trail. Brian Lervick, Northern Power Products, expressed concern over the change from a 4-lane to a 2-lane design and questioned future assessment obligations Jim Walston, representing Gresser Company expressed concern over the change in lane design. Council and staff discussed load restrictions on Lexington A venue should the project not be approved. Tom Anton, Dakota County, discussed traffic volume projections and lane design. Council directed staff to send a letter of clarification to area residents that the project is a County project and any areas of concern should be addressed there. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve Project 877 (Lexington Avenue - Street and Trail Improvements) as presented with the modified Pending Assessment Roll and authorize the preparation of a cost participation agreement with Dakota County. Aye: 5 Nay: 0 PROJECT 790R, CENTRAL P ARKW A Y FINAL ASSESSMENT ROLL City Administrator Hedges introduced this item regarding the final assessment roll for the Central Parkway streets and utilities project. 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. Eagan City Council Meeting Minutes March 16, 2004 Page 4 Councilmember Fields moved, Councilmember Tilley seconded a motion to adopt the Final Assessment Roll for Parcell 0-00900-0 1 0-79 for Project 790R (Central Parkway - Streets and Utilities) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 OLD BUSINESS PRELIMINARY SUBDIVISION (LEXINGTON RIDGE) - RAY MILLER City Administrator Hedges introduced this item regarding a rezoning, preliminary subdivision and preliminary planned development on property located at 4225 Lexington Avenue which was continued from the March 1,2004 Council meeting. City Planner Ridley provided an update on modified plans including access to the site from the Lexington Way / Diffley Road intersection. Susan Gower expressed her opposition to the proposed access to the development through park property. Ray Miller discussed previous submittals for the development of the subject property in comparison to the current proposal. He noted there will be minimized grading, an increase in tree preservation, and more green space. He discussed his willingness to grant a conservation easement along the north and west sides of the property, equaling about 1/3 of the entire site. Councilmembers held a lengthy discussion which included single family homes vs. townhomes; tree preservation, buffering, fencing and the conservation easement; safety concerns over current road through the park property, and the benefits of the planned development zoning to the community. Tony Caponi, adjacent property owner expressed his desire for fencing between the proposed development and the Caponi Art Park. Sandy Mason stated her appreciation for the efforts taken to preserve trees in the area. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Rezoning of 6.9 acres located at 4225 Lexington Way from R-l, Single family residential to PD, Planned Development. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision (Lexington Ridge) to create 17 lots and 16 townhome units for property located at 4225 Lexington Way, in the y.. of Section 27, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: AI, Bl, 2, 3,4, C!, 2, 3, Dl, E1. 2. The property shall be platted. 3. The Development shall be responsible for a cash park dedication. 4. The Development shall satisfy a portion ofthe landscape requirement by creating and/or enhancing a vegetative buffer along the east, south and west property lines. 5. The Development shall be allowed to construct a trail and, associated landscape berms, extending from the development to an existing internal park trail. The alignment, location and specifications to be approved by the City. No trail dedication credit shall be given for said trail or landscaping. 6. The Development shall be responsible for a cash trails dedication. 7. To ensure survival of preserved trees, #191,198,201,202,203,220,233,234,257,262,285, and 1009, a long-term tree survival plan shall be prepared by a certified arborist and implemented on all trees with encroachment into the CRZ. Also staff is recommending that the applicant communicate with city forestry staff in the actual placement of tree protection fence around these large preserved oaks. 8. 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 on-site and off-site (i.e. park trees). Eagan City Council Meeting Minutes March 16, 2004 Page 5 9. To require that the applicant contact the City Forestry Division and set up a preconstruction 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. 10. The developer is accountable for stormwater that may not infiltrate sufficiently (now or in the future) to avoid or minimize impacts to trees. 11. A cash dedication in lieu of on-site water quality ponding should be required for the remaining 1.3 acres of this development. 12. The developer shall be responsible for construction of a storm water pond within the development boundaries to accommodate the development's storm water runoff quality and rate control. 13. The developer shall be responsible for restoring the sanitary sewer and water main disturbance area within Lexington / Diffley Park to equal or better than its current condition. 14. The developer shall be responsible for constructing a street and bituminous trail to current City standards from the development site to the existing park access at Diffley Road and Lexington Way. 15. This development shall dedicate 75 feet of one-half public right-of-way from the existing centerline of Diffley Road. 16. The developer shall prepare and submit a conservation easement agreement for review and approval by the City Attorney prior to Final Subdivision approval. 17. The Developer shall be responsible for preparing a homeowners association for the development and shall also convey Lot 17 to the association. The association and deed shall be approved by the City Attorney. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Planned Development for 17 lots and 16 townhome units for property located at 4225 Lexington Way, in the northeast y.. of Section 27; subject to the following 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. No fences or detached out buildings/sheds shall be allowed on or within the subject site. 3. The applicant shall enter into a Final Planned Development Agreement with the City. The following exhibits are necessary for the Agreement: . Final Site Plan . Final Building Elevations Plan . Final Tree Preservation Plan . Final Landscape Plan . Final Lighting Plan . Final Signage Plan FINDINGS OF FACT, CONCLUSIONS AND RESOLUTION OF DENIAL- CEDARV ALE BUSINESS CENTER City Administrator Hedges stated that the property owner's attorney has requested this item be continued to allow she and her client time to meet with City staff in an effort to find a suitable solution to both the City and the applicant. Councilmembers stated that the only acceptable scenarios were presented by Public Works Director Colbert on March 1, 2004. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of the 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 until the April 7, 2004 Council meeting. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes March 16, 2004 Page 6 NEW BUSINESS ORDINANCE AMENDMENT - CHAPTER 10, SECTION 10.01 STORAGE, DEPOSIT OF REFUSE City Administrator Hedges discussed this item regarding a proposed ordinance amendment to Chapter 10, Section 10.01 that would amend the current 8 feet setback behind the curb to a minimum 3 foot setback for closed refuse containers. Councilmember Tilley moved, Councilmember Fields seconded a motion to adopt an ordinance amendment to Chapter 10, Section 10.01 "Storage, Deposit and Disposal of Refuse". Aye: 4 Nay: 1 Mayor Geagan opposed. CONDITIONAL USE PERMIT - MIDWEST TILE City Administrator Hedges introduced this item regarding a request for a conditional use permit to allow additional outdoor storage on Lot 5, Block 1, Eagan Pointe, located at 3181 Dodd Road. City Planner Ridley gave a staff report. John Morehouse, representing Midwest Tile, discussed the success of the company and the need and location for additional outdoor storage space. The Mayor and Council stated they were pleased with the success and shared their appreciation of Eagan businesses. Councilmember Carlson stated concerns with the proximity and visibility of the proposed storage location in relation to the residential properties to the east and that the proposed storage enclosure would partially block and certainly diminish the architectural features located on the northeast corner of the building. She went on to state that, due to their success, it appeared the operation has outgrown the facility and, possibly, the site. Mayor Geagan and members Maguire and Tilley agreed. Mayor Geagan shared his concern with the history of on-going code enforcement issues at the site, relative to outdoor storage. Councilmember Carlson stated that Midwest either needs to expand the building or find a larger location. Further discussion occurred about the impacts of the proposed outdoor storage area on the adjacent residential neighborhood and roadway. Mayor Geagan moved, Councilmember Tilley seconded a motion to direct staff to prepare Findings of Fact, Conclusions and Resolution of Denial for a Conditional Use Permit to allow additional outdoor storage on Lot 5, Block 1, Eagan Pointe, located at 3181 Dodd Road Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA Special City Council Meeting Councilmember Tilley moved, Mayor Geagan seconded a motion to schedule a special City Council Work Session for Monday, April 19,2004 for the purpose of interviewing Advisory Commission candidates and handle one or two brief items the City Council has directed to a Workshop Session.. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes March 16, 2004 Page 7 Walkable Communities Workshop City Administrator Hedges discussed the Walkable Communities Workshop initiative which is being offered to eight communities throughout the metropolitan area. The workshop is tentatively scheduled for Wednesday, April 21, 2004 from 1:00 - 5 :00 p.m. 2007 Mitigated DNL Contours and Proposed Noise Mitigation City Administrator Hedges provided an update regarding the 2007 Mitigated DNL Contours and Proposed Noise Mitigation. Request for Waiver of Fees - Community Center City Administrator Hedges discussed a request by the 4th of July Committee to waive fees for the use of the Community Center for the Miss Eagan pageant festivities. Councilmember Fields moved, Councilmember Tilley seconded a motion to waive Community Center rental fees for the Miss Eagan pageant during the 4th of July celebration festivities. Aye: 5 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 10:30 p.m. ,)-Il-el) Date '7 - )}' 1 -- }" / , j., '/' 1/ / 7 v&~ tc- It Cjuu/t. v/~ D~luty City <O(erk 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.