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12/01/2003 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota December 1,2003 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting in the Community Room of the Eagan Municipal Center. There were no citizens who wished to be heard. A regular meeting of the Eagan City Council was held on Monday, December 1,2003 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, 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 Tilley seconded a motion to approve the agenda. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENT A TIONS Mayor Geagan recognized outgoing Fire Chief Craig Jensen for his many accomplishments during his eight years of service. He was presented with a Certificate of Appreciation. Mayor Geagan then recognized Bob Kriha as the newly appointed Fire Chief and administered the Oath of Office. ChiefKriha's family participated in the pinning. CONSENT AGENDA Councilmember Tilley 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 November 18,2003 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Torey Flategraff and Ryan Conley as part-time seasonal ice supervisors at the Civic Arena. 2. It was recommended to approve the hiring of Brian Polkowski, Bill Osborne, Noah Luncberg, Amanda Hanson, Nick Ortloff, Breana Mason, Dave Varpness, Jacob Knight, Kyle Nelson, Kyle Punton, Travis Knops and Jeremy Frost as part-time seasonal skate guards at the Civic Arena. 3. It was recommended to approve the hiring of Rachel Carlin, Denise Hall, Lindsey Taylor, Ashley Germond, Megan Hamling, Lisa Stolberg, Leah Johnson, Amanda Barse and Tania Shell as part- time seasonal concessions workers at the Civic Arena. 4. It was recommended to approve the hiring of Rebecca Kruger as the Temporary Rental Coordinator for the Community Center. 5. It was recommended to approve the appointment of Rod Landgrebe as Commander of Fire Station #4 and Kevin Sorensen as Commander of Fire Station #5. 6. It was recommended to approve adjusting the second payroll deduction in December for City employees' share of the family health insurance premium to recognize the premium reduction by Medica for December 2003 premiums. 7. It was recommended to approve a resolution amending the City of Eagan's Flexible Spending 79 Account Plan. C. Check Registers. It was recommended to ratify the check registers dated November 20, 2003 and November 27, 2003 as presented. D. Commission Member Resignation. It was recommended to acknowledge the resignation of Eagan Airport Relations Commission (ARC) member Michael Cook effective January 1,2004. E. Obsolete Monitors. It was recommended to approve of the disposal of obsolete monitors. Eagan City Council Meeting Minutes December 1, 2003 Page 2 F. Liquor Licenses. It was recommended to approve the renewals of existing liquor licenses for 2004, subject to review of applications, payment of fees and Police Department reviews. G. Corrective Plat. It was recommended to approve a Corrective Plat (Cedar Grove Parkway Addition) consisting of two lots located at the intersection of Cedar Grove Parkway and S9ilverBell Road, in the Northeast 'I. of Section 19. H. Findings of Fact. It was recommended to confirm the Findings of Fact, Conclusions and Resolutions of Denial ofa request for variances to allow the garage to exceed the size of the house by 240 square feet, and the side walls of the garage to exceed 10 feet for a garage addition located at 1745 Sartell Avenue. I. State Historic Preservation Office. It was recommended to approve submission of a preliminary historic evaluation to SHPO for the Holz Farm property. J. Proiect 894. It was recommended to receive the Draft Feasibility Report for Project 894 (Coachman Land Company / Century Point and Donald Court - Street Improvements) and schedule a public hearing to be held on January 20, 2004. K. Easement Vacation. It was recommended to receive the petition to vacate a portion of a public drainage and utility easement on Lots 2 and 3, Block 1, Poppler Homesteads No.2 and schedule a public hearing to be held on January 6, 2004. L. Appointment. It was recommended to approve the appointment of Water Resources Coordinator Eric Macbeth to the Black Dog Watershed Management Organization as Eagan's delegate for a three-year term effective January 1,2004. 03-80 PUBLIC HEARINGS PROPOSED BUDGET AND PROPERTY TAX LEVY FOR 2004 TRUTH-IN-TAXATION HEARING City Administrator Hedges discussed the proposed 2004 budget process. A Power Point presentation was given outlining the proposed budget and property tax levy. Mayor Geagan opened the public hearing. A representative of Pioneer Plastics discussed their business and asked for information regarding possible aid for tax relief. City Administrator Hedges suggested the company contact the Dakota County Assessor's office. Alice Krietz commended the Council for their work on the proposed budget and discussed information from the State regarding a flat tax. Joe Berry commended Council and staff for their work on the proposed budget. Discussed increased assessed property valuations. Councilmember Fields moved, Councilmember Tilley seconded a motion to close the public hearing and set the 2004 levy and budget considerations for the December 16,2003 City Council meeting. Aye: 5 Nay: 0 VARIANCES - CITY OF EAGAN, PROJECT 851 TOWN CENTRE AREA - EAGAN AUTO MALL City Administrator Hedges introduced this item regarding a 10 foot sign setback variance for the sign located at the intersection of Pilot Knob Road and Duckwood Drive for the Eagan Auto Mall and a 20 foot parking setback Variance along Duckwood Drive at Pilot Knob Road and a two foot Variance from Town Centre Drive north of Duckwood for the multi tenant Eagan Auto Mall. 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. Eagan City Council Meeting Minutes December 1, 2003 Page 3 Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a 10 foot sign setback Variance for the sign located at the intersection of Pilot Knob Road and Duckwood Drive for the Eagan Auto Mall, 1399 Town Centre Drive, subject to the following condition: 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. Councilmember Maguire moved, Council member Fields seconded a motion to approve a 20 foot parking setback Variance along Duckwood Drive at Pilot Knob Road subject to the following condition: Aye: 5 Nay: 0 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. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a two foot Variance from Town Centre Drive north of Duck wood for the multi tenant Eagan Auto Mall, 1399 Town Centre Drive; subject to the following condition: Aye: 5 Nay: 0 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. PROJECT 896, LAKESIDE ESTATES STREET OVERLAY City Administrator Hedges introduced this item regarding a street overlay project for Lakeside Estates. Assistant City Engineer John Gorder 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 Tilley moved, Councilmember Fields seconded a motion to approve Project 896 (Lakeside Estates - Street Overlay) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 897, WILDERNESS PARK 2ND AND 3RD ADDITIONS STREET OVERLAY City Administrator Hedges introduced this item regarding street overlay for Wilderness Park 2nd and 3rd Additions. Assistant City Engineer John Gorder gave a staff report. Mayor Geagan opened the public hearing. One resident spoke expressing support for the project. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve Project 897 (Wilderness Park 2nd and 3rd Additions - Street Overlay) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes December 1,2003 Page 4 MURPHY FARM 3RD ADDITION (LOTS 18 AND 19, BLOCK 1) EASEMENT VACATION City Administrator Hedges introduced this item regarding a request for the vacation of public drainage and utility easements on Lots 18 and 19, Block 1, Murphy Farm 3rd Addition. 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. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the vacation of public drainage and utility easements on Lots 18 and 19, Block 1, Murphy Farm 3rd Addition subject to the receipt and recording of required replacement easements and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 YANKEE DRIVE, RIGHT OF WAY VACATION City Administrator Hedges stated the applicant has requested that the application for the right of way vacation be withdrawn at this time. Councilmember Maguire moved, Councilmember Tilley seconded a motion to accept the letter to withdraw the application for right of way vacation of Yankee Drive. Aye: 5 Nay: 0 OLD BUSINESS RECONSIDERATION OF VARIANCE - DUANE OLSON City Administrator Hedges discussed this item regarding a reconsideration of a request for a 2.5 foot Variance to the required maximum height of 42 inches to construct a 6 foot fence in a front yard on property located at 1250 Cliff Road which was continued from the November 18,2003 Council meeting. City Attorney Dougherty stated the notification process regarding this item is correct. Councilmember Tilley moved to approve the motion by Carlson and seconded by Fields to adopt Findings of Fact for Denial of a request for a 2.5 foot Variance to the required maximum height of 42 inches to construct a 6 foot fence in a front yard on property located at 1250 Cliff Road in the NE Y4 of Section 34. There was no second to the motion. Councilmember Carlson moved, Councilmember Fields seconded a motion to deny the motion made by Carlson and seconded by Fields to adopt Findings of Fact for Denial ofa request for a 2.5 foot Variance to the required maximum height of 42 inches to construct a 6-foot fence in a front yard on property located at 1250 Cliff Road in the NE Y4 of Section 34. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a request for a two foot Variance to the required maximum height of 42 inches to construct a 6 foot fence in a front yard on property located at 1250 Cliff Road in the NE Y4 of Section 34. Aye: 5 Nay: 0 At the end of the meeting, Duane Olson askedfor clarification regarding the motion that was made approving a variance to allow a 6.5 foot fence in his front yard at 1250 Cliff Road. It was noted that the motion had been made to approve a 2 foot variance and should have been a 2.5 foot variance. Councilmember Carlson moved, Counci/member Fields seconded a motion to clarify approval of a 2.5 foot variance to the required maximum height of 42 inches to construct a 6 foot fence in a front yard on property located at 1250 Cliff Road in the NE 'i4 of Section 34. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes December 1,2003 Page 5 RECEIVE BIDS AND AWARD SALE OF $2,040,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2004A City Administrator Hedges introduced this item regarding the sale of General Obligation Refunding Bonds. Dave MacGillivray of Springstead presented information regarding the bids. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the resolution awarding the sale of$2,010,000 General Obligation Refunding Bonds, Series 2004A. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT - CROSSTOWN SIGN, INC City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to allow construction of a pylon sign on property located at 4025 Old Sibley Memorial Highway. City Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow construction of a pylon sign on property located at 4025 Old Sibley Memorial Highway (Lot I, Block 1, S & W Industrial Acres) in the SW V. of Section 19, subject to the following conditions: Aye: 5 Nay: 0 I. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. A Sign Permit shall be obtained from the City prior to installation of the new pylon sign. 3. The existing off-site sign in violation of City Code shall be removed from the right-of-way prior to installation ofthe pylon sign. 4. The existing pylon sign shall be removed prior to installation of the new pylon sign. 5. The new pylon sign shall be located at the northeast corner of the property, as shown on the site plan dated October 13,2003. 6. The pylon sign shall be setback a minimum of 10' from all property lines. 7. The pylon sign shall not be located within any easement areas. 8. The pylon sign shall not exceed 25' in height or 125 square feet in area. CONDITIONAL USE PERMIT AND VARIANCE - REALTY DESIGNS INC. City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit for a pylon sign and a Variance often feet to the sign setback requirement located at 3902-3938 Cedar Grove Parkway. City Planner Ridley gave a staff report. Applicant, Richard Fitzgerald, presented a drawing of a modified sign and discussed the proposed location. After discussion, Councilmembers agreed it would behoove them to see information regarding the location of a future trail/retaining wall, possible easement encroachment and likely impact to existing trees before deciding on the issues related to sign design and location. Councilmember Carlson moved, Councilmember Maguire seconded a motion to continue consideration of a Conditional Use Permit for a pylon sign, and a variance to the sign setback requirement located at 3902-3938 Cedar Grove Parkway to the December 16, 2003 City Council meeting. WAIVER OF SUBDIVISION - AARBOR HOMES, INC. City Administrator Hedges introduced this item regarding a request for a waiver of subdivision to move the property line between Lots 18 and 19, Block 1, Murphy Farm 3rd Addition. City Planner Ridley gave a staff report. Eagan City Council Meeting Minutes December 1, 2003 Page 6 Councilmember Tilley moved, Council member Fields seconded a motion to approve a Waiver of Platting to move the property line between Lots 18 and 19, Block 1, Murphy Farm 3rd Addition, located at 1623 and 1627 Harbour Point; subject to the following conditions: Aye: 5 Nay: 0 1. Within 60 days following City Council approval of the Waiver, the applicant shall file with the County Auditor a lot combination agreement to combine 18 with the small portion of Lot 19, Block 1, Murphy Farm 3rd Addition, for tax purposes, and proof of the filing shall be submitted to the City. 2. A five foot public drainage and utility easement along each side ofthe new property line shall be created by separate document in a form acceptable to the City Attorney and recorded with the Lot Combination Agreement. CONDITIONAL USE PERMIT - CITY OF EAGAN City Administrator Hedges introduced this item regarding a conditional use permit to allow construction of a 10' tall brick screening wall for the northern Natural Gas Pressure Reducing Station on property located at 3409 Coachman Road. City Planner Ridley gave a staff report. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Conditional Use permit to allow construction ofa 10' tall brick screening wall for the Northern Natural Gas Pressure Reducing Station on property located at 3409 Coachman Road in the NW 1,14 of Section 16, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. A Building Permit shall be obtained from the City prior to further construction or completion of the wall to verify minimum building safety standards. 3. The wall shall not exceed 10' in height. 4. The wall shall not exceed the dimensions of the 70' x 80' easement allowed for the pressure reducing station facility. 5. All appropriate safety and warning signs shall be placed at both entrance/exit gates. 6. All signage must meet code requirements. ORDINANCE AMENDMENT - CHAPTER 10, SECTION 10.11 OF THE EAGAN CITY CODE ENTITLED DOG AND CAT REGULATION AND DOG LICENSING City Administrator Hedges discussed this item regarding an ordinance amendment regarding the need to correct typographical errors, to add language that was inadvertently omitted and to clarify existing language to Chapter 10, Section 10.11, Subdivision 1. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve an ordinance amendment to Chapter 10, Section 10.11 entitled Dog and Cat Regulation and Dog Licensing. Aye: 5 Nay: 0 Councilmember Maguire moved, Councilmember Tilley seconded a motion to recess the regular City Council meeting at 8:25 p.m. and immediately convene a meeting of the Economic Development Authority. Councilmember Fields moved, Councilmember Tilley seconded a motion to reconvene the regular City Council meeting at 8:30 p.m. VISITORS TO BE HEARD There were no visitors who wished to be heard. Eagan City Council Meeting Minutes December 1, 2003 Page 7 ADJOURNMENT Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 8:35 p.m. Aye: 5 Nay: 0 ~.)~ (~~ / ,}.CC;:J Date I ;' , /}i00 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.