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02/03/2004 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota February 3, 2004 A Listening Session was held at 6:00 p.m. in the Eagan Room of the Municipal Center. There were no citizens who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, February 3, 2004 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Council members 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 Councilmember Maguire moved, Councilmember Carlson seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENT A TIONS MINNESOTA RECREATION AND PARK ASSOCIATION AWARD OF EXCELLENCE Donna Tilsner, representing the Minnesota Recreation and Park Association presented the Award of Excellence for the Summer 2002 Activities Guide to the Parks and Recreation Department. Parks and Recreation Director Ken Vraa was recognized for a Special Award by the Minnesota Recreation and Parks Association. Mayor Geagan introduced Ruthie Batulis, newly appointed President of the Northern Dakota County Chamber of Commerce. CONSENT AGENDA Items J, L 0 and S were pulled for discussion. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the balance of the Consent Agenda. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the January 20,2004, regular City Council meeting, the January 22, 2004 City Council retreat and the January 6, 2004 special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Kenneth Larsen as a full-time building maintenance worker at City Hall. 2. It was recommended to accept the letter of resignation from Dispatcher Amy Paul. C. Check Registers. It was recommended to ratify the check registers dated January 22, 2004 and January 29, 2004 as presented. D. Closing Sliding Hill Enterprise Fund. It was recommended to approve closing the Sliding Hill Enterprise Fund into the Community Center Enterprise Fund as of December 31, 2003. E. Cleaning Contract. It was recommended to approve an addendum to the Fire Station Cleaning Contract dated March 1, 2004. F. Revised Vehicle and Equipment Acquisition. It was recommended to approve the revised Vehicle and Equipment Acquisition, Use and Replacement Policy and authorize the purchase of the three (3) additional vehicles included in the 2004 Part II CIP. G. Contract 04-03. It was recommended to approve the plans and specifications for Contract 04-03 (Coachman Land/Terminal Drive/Borhcert Lane - Street & Utility Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, February 26,2004. H. Contract 03-11. It was recommended to approve the final payment for Contract 03-11 (Kennerick Addition, Ponds HDP-l to HP-ll - Trunk Storm Sewer Improvements) in the amount of $32,081.21 to Friedges Eagan City Council Meeting Minutes February 3, 2004 Page 2 Contracting Company and accept the improvements for perpetual City maintenance subject to warranty provisions. I. Cedar Grove Redevelopment District. It was recommended to authorize preparation of updated Request for Proposal or Request for Qualifications for Second Round of Proposals for Cedar Grove Redevelopment District for Subdistrict and/or Master Developer Proposals. J. Priority Funding for Cedar Grove Transit Station. PULLED K. Resolution of Support. It was recommended to approve a Resolution Encouraging Dakota County and its Cities to Support Gull Funding of State Highway Improvements for Highways 3, 13, and 149. L. Contract 03-05. PULLED M. Findings of Fact. It was recommended to adopt the Findings of Fact, Conclusions and Resolutions of Denial of a request for a Conditional Use Permit to allow outdoor storage of a 113 foot tall crane and a variance on the 24 acre site, Part of Government Lot 2, Section 9, Township 27, Range 23, located at 3045 Sibley Memorial Highway. N. 2005 Community Center Rates. It was recommended to approve the 2005 Community Center rates, per the recommendation of the Community Center Operations Committee. O. Resolution of Encouragement. PULLED P. Appointment to Joint Airport Zoning Board. It was recommended to approve the appointment of Assistant to the City Administrator Lord, Director of Community Development Hohenstein, and Planner Cartney as alternate members to the Joint Airport Zoning Board. Q. Project 771. It was recommended to approve an Easement Agreement for Project 771 (Lexington Avenue- Street Upgrade and Traffic Signal Improvements) with the owner of Parcel No. 10-01000-010-75 and authorize the Mayor and City Clerk to execute all related documents. R. Extension to Record Final Plat. It was recommended to approve an extension of 60 days to record the Final Plat for Piney Woods, located east of Dodd Road at Rosa Court. S. Donor Naming Policy. PULLED T. Tobacco License. It was recommended to approve a 2004 Tobacco License for K Liquor and Jensen's Supper Club. 04-09 04-10 04-10A L Priority Funding for Cedar Grove Transit Station. 04-11 Councilmember Tilley expressed her support for the proposed resolution. Council member Tilley moved, Councilmember Carlson seconded a motion to approve a Resolution Regarding Priority Funding for Cedar Grove Transit Station and Associated Studies. Aye: 5 Nay: 0 L. Contract 03-05. Councilmember Maguire noted the timeframe that the sediment removal from Pond JP-47 would begin. Councilmember Maguire moved, Councilmember Tilley seconded a motion to receive the bids for Contract 03- 05 (Pond JP-47-Water Quality Improvements), award the contract to Veit & Company, Inc. for the Base Bid in the amount of$197,600.00, and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 O. Resolution of Encouragement - Carriage of Local Sports Programming 04-12 Councilmember Tilley expressed her support for the proposed resolution. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Resolution Encouraging Comcast and V ictory Sports to Reach Agreement for the Carriage of Local Sports Programming of Public Interest, forwarded unanimously by the joint Burnsville Eagan Telecommunications Commission, and send copies to Comcast and Victory One Sports, and share this action with other cities. Eagan City Council Meeting Minutes February 3, 2004 Page 3 S. Donor Naming Policy. Councilmember Maguire asked that clarification be made to item (b) under Donors and Donations (on page two) of the Donor Naming Policy regarding anonymous donations. Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve the City of Eagan Donor Naming Policy per the Recommendation of the APrC with item (b) under Donors and Donation be amended to read as follows: Aye: 5 Nay: 0 (b) Donors or donor representatives must sign a donor agreement that delineates terms of the contribution. PUBLIC HEARINGS VARIANCE TO EXCEED THE 10 FOOT SETBACK FOR A LIVING SPACE ADDITION BY 5 FEET LOCATED AT 1973 COVINGTON LANE (MARCIE TIETJEN) City Administrator Hedges introduced this request for a variance to exceed the 10 foot setback for a living space located at 1973 Covington Lane which was continued from the January 20, 2004 City Council meeting. City Planner Ridley provided an update. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Variance to exceed the 10 foot living space setback by 5 feet for an addition to the principal structure at 1973 Covington Lane; 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 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 addition shall have a roof pitch and style that match the principal building. OLD BUSINESS CONDITIONAL USE PERMIT AND VARIANCE - REALITY DESIGNS, INC, City Administrator Hedges stated the applicant has requested this item be continued to the March 1, 2004 City Council meeting. Councilmember Carlson moved, Councilmember Maguire seconded a motion to continue consideration of a conditional use permit and variance for Realty Designs, Inc. until the March 1, 2004 City Council meeting. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION (WOODLAND PLACE ADDITION) City Administrator Hedges stated the applicant has requested this item be continued. Councilmember Fields moved, Council member Maguire seconded a motion to continue consideration of a Preliminary Subdivision (Woodland Place Addition) of6.3 acres to create 14 single family lots at 630 and 660 Cliff Road to the February 17,2004 meeting. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT - SOWLES PROPERTIES City Administrator provided an overview of a conditional use permit request to allow outdoor storage of equipment, materials, and current/late model cars located at 3045 Sibley Memorial Highway which was continued from the Eagan City Council Meeting Minutes February 3, 2004 Page 4 January 20, 2003 City Council meeting. City Planner Ridley provided an update regarding a detailed list of outdoor storage items. The applicant discussed his submitted list of items to be stored on the property. Councilmembers discussed specific caps on the number of items to be stored as well as a limit on height of stored items. It was suggested that Councilmembers visit the site to get a better understanding of the proposed storage prior to the February 17,2004 Council meeting. Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of a Conditional Use Permit to allow outdoor storage of equipment, materials and current/late model cars associated with a site plan and item list, dated January 28, 2004 located at 3045 Sibley Memorial Highway and legally described as Part of Government Lot 2, Section 9, Township 27, Range 23 until the February 17,2004 meeting. Aye: 5 Nay: 0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT - SIGNS UNLIMITED City Administrator Hedges introduced this item regarding a request for a Planned Development Amendment to allow building design, color and signage changes, on property located at 1570 Thomas Center Drive. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow building design, color and signage changes, on property located at 1570 Thomas Center Drive, Lot 6, Block 1, Thomas Lake Center Addition; subject to the following conditions: Aye: 5 Nay: 0 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 any sign permits. 2. Sign permits must be obtained prior to replacement of the monument face or replacement of the building signage. 3. Temporary signage in excess of that allowed by City Code must be removed prior to issuance of sign permits. PRELIMINARY SUBDIVISION (LEXINGTON RIDGE) RAY MILLER City Administrator Hedges introduced this item regarding a rezoning of 6.9 acres, a Preliminary Subdivision to create 17 lots and 16 townhome units and a Preliminary Planned Development for property located at 4225 Lexington Way. City Attorney Dougherty provided information regarding zoning and access issues. City Planner Ridley gave a staff report Ray Miller discussed access to his proposed subdivision. Ten area residents expressed their opposition to the rezoning of the property, discussing concern over density, aesthetics of the community, safety issues, and preservation of the property as park land. After discussion among the Mayor, Councilmembers and staff, it was agreed that further review of access issues and cost responsibilities is needed. Councilmember Carlson moved, Councilmember Maguire seconded a motion to continue consideration of a rezoning, preliminary subdivision and preliminary planned development for property located at 4225 Lexington Way to the March 1,2004 City Council meeting. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes February 3, 2004 Page 5 ORDINANCE AMENDMENT, CHAPTER 5, WINE, BEER AND LIQUOR LICENSING AND REGULATIONS City Administrator Hedges discussed this item regarding a proposed ordinance amendment prompted by Legislative changes to Minn. Stat. 340A governing liquor licensing and regulation. Councilmember Tilley moved, Councilmember Maguire seconded a motion to adopt an ordinance amendment to Chapter 5, Wine, beer and Liquor Licensing and Regulation. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA ACCEPTANCE OF CONTRIBUTIONS TO MAKE HISTORY PROJECT POSSIBLE City Administrator Hedges discussed a proposal to publish historical stories on playing cards to be funded by contributions. Councilmember Carlson moved, Councilmember Tilley seconded a motion to accept contributed funds and authorize history card project. Aye: 5 Nay: 0 PARK GRANT APPLICATION City Administrator Hedges discussed a recommendation from a Council sub-committee regarding applications to be submitted for DNR grant funding. Councilmember Tilley moved, Councilmember Fields seconded a motion to accept the recommendations of the Council sub-committee in regard to applications to be submitted for DNR grant funding. Aye: 5 Nay: 0 OTHER BUSINESS RESOLUTION APPROVING A PRELIMINARY REDEVELOPMENT, PURCHASE OPTION AND FIRST REFUSAL AGREEMENT BETWEEN THE CITY OF EAGAN, EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND UNITED PROPERTIES. Councilmember Tilley moved, Councilmember Maguire seconded a motion to continue consideration of a Resolution Approving a Preliminary Redevelopment, Purchase Option and First Refusal Agreement indefinitely. Aye: 5 Nay: 0 VISITORS TO BE HEARD Ray Nutzmann, 4555 Acorn Street, requested the City waive $28,000 in court awarded costs from a recent lawsuit. Mr. Nutzmann was informed that staff would consult with the League of Minnesota Cities Insurance Trust in regard to his request. ADJOURNMENT Councilmember Maguire moved, Councilmember Fields seconded a motion to adjourn the regular City Council meeting at 9:30. Aye: 5 Nay: 0 Date Deputy City Clerk rfyou 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). Eagan City Council Meeting Minutes February 3, 2004 Page 6 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.