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03/01/2004 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota March 1,2004 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 Monday, March 1,2004 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 resolution in support of state funding toward open space preservation would be added under Legislative / Intergovernmental Affairs Update. Councilmember Fields moved, Councilmember Carlson seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENT A nONS CEDAR A VENUE CORRIDOR TRANSITW A Y STUDY UPDATE Gene Frachett, Project Manager for Dakota County and Rick Nau ofURS Corporation made a presentation regarding the Cedar Avenue Corridor Transitway Study. CONSENT AGENDA Items B. 5. and L were pulled for discussion. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approved the balance of the Consent Agenda. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes ofthe February 17,2004 regular meeting, the February 17,2004 Listening Session, the February 10,2004 special Council meeting and the February 24, 2004 special Council workshop/retreat as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Elizabeth Aloe as a part-time seasonal basketball scorekeeper. 2. It was recommended to accept the letter 0 resignation from Greg Lerner, Utilities Maintenance Worker. 3. It was noted that Donald Swanson has been hired as the full-time custodian at the Community Center. (Direction was given at the February 17,2004 meeting) 4. It was recommended to approve the decision of the Executive Board of the Eagan Volunteer Fire Department to terminate the membership in the Volunteer Fire Department of Fire Fighter Richard Martinek due to failure to meet attendance requirements. 5. Pulled C. Check Registers. It was recommended to ratify the check registers dated February 19, 2004 and February 26,2004 as presented. D. 2003 General Fund Budget Adiustments. It was recommended to approve the 2003 General Fund Budget adjustments related to Police contractual security and State aid revenue reductions as outlined in staff's memo of February 12,2004. Eagan City Council Meeting Minutes March 1, 2004 Page 2 E. Tax Forfeited Parcel. It was recommended to approve the reconveyance of tax forfeit parcel 10-32990-020- 00 (Outlot B, Hills of Stonebridge) to the State of Minnesota. F. Tax Forfeited Parcel. It was recommended to approve the reconveyance of tax forfeit parcel (10-47752- 120-02), North Half of Lot Twelve, Block Two, McKee 3rd Addition to the State of Minnesota. G. Tax Forfeited Parcel. It was recommended to approve the new use of tax forfeit parcel 10-13700-030-01 (Lot 3 Block 1 Barton McGray Addition. H. Tree Contractor Licenses. It was recommended to approve Tree Contractor Licenses for Tree Tech, Inc. and Wright Tree Service. \. Tobacco License. It was recommended to approve Tobacco Licenses for Cedar Grove Shell and Crowne Plaza. J. Ordinance Amendment. It was recommended to approve an Ordinance Amendment to Chapter 6.48 regarding the Licensing of Commercial Fertilizer Applicators. K. Premise Permit. It was recommended to approve Resolutions for Premise Permit Renewals for the Lions Club to operate pulItab operations at Cedarvale Bowl and Al Bakers Restaurant. L. Contract 04-03. Pulled. M. Project 790R. It was recommended to receive the Final Assessment Roll for Project 790R (Central Parkway - Street & Utility Improvements) and schedule a public hearing to be held on March 16,2004. N. Change Order #17. It was recommended to approve change order #17 to the Eagan Community Center in the total amount of$II,087.00. O. Final Plat. It was recommended to approve a Final Plat (Woodstone Townhomes 2nd Addition) to adjust a property line for Lots 7 and 8, Block 1, Woodstone Townhomes. P. Contract 01-12. It was recommended to approve the final payment for contract 01-12 (July 2000 Storm Mitigation Improvements) in the amount of $38, 134.03 to Barbarossa and Sons, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. Q. Consumption and Display (Set Up) Permit. It was recommended to approve the renewal of a Consumption and Display (Set Up) Permit application for Grand India Restaurant located at 1260 Town Centre Drive. B. 5. Councilmember Maguire moved, Councilmember TilIey seconded a motion to continue, to the March 16, 2004 Council meeting, the receipt of the decision ofthe independent hearing officer regarding the termination from membership in the Volunteer Fire Department of Todd Sutter, and (2) to approve the decision of the Executive Board of the Eagan Volunteer Fire Department to terminate the membership in the Volunteer Fire Department of Fire Fighter Todd Sutter due to failure to meet attendance requirements. Continue to March 16, 2004 - Maguire - Tilley L. Contract 04-03. Councilmember Carlson asked for clarification regarding this item. Councilmember Carlson moved, Councilmember Tilley seconded a motion to award Contract 04-03 (Coachman Land Co./Century Point/Donald Court/Terminal Drive/Borchert Lane - Street & Utility Improvements), to McNamara Contracting, Inc., for the base bid in the amount of $478,892, and authorize the Mayor and City Clerk to execute all related documents. PUBLIC HEARINGS PROJECT 859, TH 55/LEXINGTON AVE/BLUE GENTIAN ROAD INTERSECTION RECONFIGURA TION City Administrator Hedges introduced this item regarding the intersection reconfiguration of Trunk Highway 55/Lexington Avenue/Blue Gentian Road. Public Works Director Colbert gave a staff report and introduced Jupe Hale, of WSB & Associates who made a presentation. Mayor Geagan opened the public hearing. Three residents spoke in opposition to the proposed project. One resident spoke in favor. 04.1 7 04-1 8 04-19 04-20 04-21 Eagan City Council Meeting Minutes March 1, 2004 Page 3 There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Council asked that Public Works Director Colbert discuss the lane configuration. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve Project 859 and authorize the preparation of detailed final plans and specifications for a contract that may be let within 2 years after said approval, an the acquisition of right-of-way and easements through quick-take Eminent Domain, if necessary. Aye: 5 Nay: 0 PROJECT 877, LEXINGTON A VENUE - TH 55 TO LONE OAK ROAD STREET & UTILITY IMPROVEMENTS City Administrator Hedges introduced this item regarding street, utility and trail improvements for Lexington Avenue, Trunk Highway 55 to Lone Oak Road. Public Works Director Colbert gave a staff report. Jupe Hale of WSB & Associates made a presentation. Mayor Geagan opened the public hearing. Seven residents spoke in opposition to the proposed project, raising various issues of concern. Dave Zeck and Tom Anton, Dakota County Transportation Department, addressed the issues raised by the residents. City Administrator Hedges and Administrative Services Director VanOverbeke addressed questions regarding assessments. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmembers held a discussion. Councilmember Fields moved to deny Project 877. A second to the motion was not made. Councilmember Carlson moved, Councilmember Fields seconded a motion to continue consideration of Project 877 to the March 16,2004 City Council meeting. Aye: 2 Nay: 3 Geagan, Tilley and Maguire opposed. Motion failed. Further discussion was held. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve Project 877 (Lexington Avenue, Trunk Highway 55 to Lone Oak Road - Street, Utility & Trail Improvements) and 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. Aye: 3 Nay: 2 Carlson and Fields opposed. Motion failed. Further discussion was held and Councilmembers agreed to request further information from Dakota County. Councilmember Carlson moved, Council member Fields seconded a motion to continue consideration of Project 877 (Lexington Avenue, Trunk Highway 55 to Lone Oak Road - Street, Utility & Trail Improvements) to March 16, 2004. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION (LEXINGTON RIDGE) - RAY MILLER City Administrator Hedges provided brief background information regarding a request for a rezoning, preliminary subdivision and preliminary Planned Development for 17 lots and 16 townhome units for property located at 4225 Lexington Way. This issue was continued from the February 3, 2004 Council meeting. Community Development Eagan City Council Meeting Minutes March 1, 2004 Page 4 Director Hohenstein provided an update regarding access from Diffley Road and access through the Lexington/Diffley Park. City Planner Ridley provided an overview of the application. Three residents spoke expressing opposition to the rezoning of the property. Councilmembers and staff held a discussion regarding access options to the property. It was agreed to continue consideration of the item to allow the applicant time to present plans showing access along the perimeter ofthe park property around the water tower and maintenance building. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of a rezoning, preliminary subdivision and preliminary planned development for 17 lots and 16 townhome units for property located at 4225 Lexington Way. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT AND VARIANCE - REALTY DESIGNS INC. City Administrator Hedges provided background information regarding this request for a Conditional Use Permit for a pylon sign and a variance often feet to he sign setback requirement for property located at 3902-3938 Cedar Grove Parkway. This item was last considered at the January 6, 2004 City council meeting. City Planner Ridley provided an update regarding a revised sign design submitted by the applicant. Director of Public Works Colbert explained the need for the construction easement and the impact to the applicant's parking lot. Mr. Colbert also explained the increased easement and expense to lower the elevation of the parking lot as proposed by the property owner. John Fitzgerald stated he is willing to allow construction easements on his property for the installation of a trail system proposed for Cedar Grove Parkway, however is not in agreement with the possibility of losing existing parking stalls and disrupting the circulation of traffic through his property. He stated the parking lot is in good repair and he would not be interested in participating in the cost of his preferred design. Councilmembers stated their regret wit the stalemate. Councilmember Carlson moved, Councilmember Fields seconded a motion to direct the preparation of Findings of Fact for Denial of a Variance often feet to the sign setback requirement, for property located at 3902-3938 Cedar Grove Parkway. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT - SOWLES PROPERTIES City Administrator Hedges stated that the applicant has withdrawn the application for this Conditional Use Permit. Councilmember Maguire moved, Councilmember Fields seconded a motion to acknowledge the withdrawal of a Conditional Use Permit application by Sowles Properties. Aye: 5 Nay: 0 NEW BUSINESS City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow a dental clinic within a Business Park Zoning at property located on Lot 1, Block 2, Lexington 2nd Addition. City Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow a dental clinic within a Business Park Zoning, at property located on Lot 1, Block 2, Lexington 2nd Additions, subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. Eagan City Council Meeting Minutes March 1, 2004 Page 5 2. All signage is subject to the City's Sign Ordinance. 3. The trash enclosure shall be constructed of materials to match the principal building. 4. Site development shall be in accordance with the Site Plan dated 1/21/04. 5. The building design shall be in accordance with the Exterior Elevation Plan dated 1/21/04. PLANNED DEVELOPMENT AMENDMENT - SILVER BELL COMMONS City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow limited retail sales, at property located at 2015 Silver Bell Road. City Planner Ridley gave a staff report. The applicant made a brief presentation. Councilmember Carlson moved, Councilmember TilIey seconded a motion to approve a Planned Development Amendment to allow limited retail sales, at property located at 2015 Silver Bell Road, subject to the following conditions: Aye: 5 Nay: 0 1. The Planned Development Amendment Agreement must be singed and recorded. 2. The retail use shall only be in areas designated on the site plan received January 21,2004. 3. Within the designated area, no single tenant space shall have more than 25 percent of the lease space devoted to retail sales. 4. The retail use shall be limited to 12.5 percent of the entire building. 5. signage is limited to the sign criteria as depicted on sign Exhibit B. 6. All other conditions ofthe original Planned Development apply. 7. No window signage will be allowed. LEGISLATIVE AND INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges discussed a proposed resolution in support of State funding towards open space preservation. Councilmember Tilley moved, Councilmember Maguire seconded a motion to adopt a Resolution in Support of Stat Funding Appropriations Towards Open Space Preservation. Aye: 5 Nay: 0 04-22 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 10:30 p.m. Councilmember Fields moved, Councilmember Maguire seconded a motion to reconvene the regular City Council meeting at 10:33 p.m. OTHER BUSINESS RESOLUTION APPROVING PURCHASE AGREEMENT FOR CITY ACQUISITION OF PROPERTY FOR REDEVELOPMENT, NORTHEAST EAGAN REDEVELOPMENT DISTRICT, MARY IMRE/TMI COATINGS PROPERTY, 2805 AND 2809 DODD ROAD, AND RELATED STIPULATIONS AND RELOCA TION AGREEMENTS Councilmember Tilley moved, Councilmember Carlson seconded a motion to continue consideration of a Resolution Approving Purchase Agreement for City Acquisition of Property for Redevelopment, Northeast Eagan Redevelopment District, Mary Imre/Tmi Coatings Property, 2805 and 2809 Dodd Road, and Related Stipulations and Relocation Agreements to the March 16,2004 City Council meeting. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes March 1, 2004 Page 6 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 10:35 p.m. . I ~J-I-/1 Date 1 I) L U7 to ' J !>_ktd Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 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.