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10/07/2003 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota October 7, 2003 A regular meeting of the Eagan City Council was held on Tuesday, October 7, 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, Senior 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 an item regarding the State of Minnesota Custom Microsoft Enterprise Enrollment Agreement with Microsoft Licensing would be added as Item Y to the Consent Agenda. Councilmember Tilley asked that item K be pulled from the Consent Agenda. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 CONSENT AGENDA It was noted by City Administrator Hedges that the public hearing dates for the Vacation of South Dodd Road Right of Way (item N) and the public hearing for Project 886 (item R) would be held on November 6, 2003. Councilmember moved, Councilmember 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 September 16,2003 regular City Council meeting, the September 16,2003 Listening Session and the September 9,2003 Special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the Fall Protection Program for the City of Eagan. 2. It was recommended to approve an addition to the City's Personnel Policy offering a Health Care Savings Plan participation opportunity to employees. C. Check Registers. It was recommended to ratify the check registers dated September 15,2003, September 22,2003 and September 27, 2003 as presented. D. Lawful Gambling Exempt Permit. It was recommended to approve a Minnesota Lawful Gambling Application for Exempt Permit for Faithful Shepherd Catholic School to hold a raffle Saturday, January 24, 2004. E. Civic Arena Capital Expenditures. It was recommended to approve capital expenditures from the "Repair and Replacement" and Retained Earnings" funds prior to January 1,2004. F. Proclamation. It was recommended to proclaim October 25,2003 as "Make a Difference Day" in Eagan. G. Proclamation. It was recommended to approve a Proclamation proclaiming October 20-24, 2003 as National Business Women's Week in Eagan. H. Set Public Hearing. It was recommended to set a public hearing for November 6, 2003 to consider certification to Dakota County for collection of delinquent utility bills. I. Set Public Hearing. It was recommended to set a public hearing for November 6, 2003 to consider the final assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. J. Set Public Hearing. It was recommended to set a public hearing for November 6, 2003 to consider the final assessment of the delinquent board up service bills and certify them to Dakota County for collection with property taxes. K. Ordinance Amendment. Pulled for discussion L. Contract 02-11. It was recommended to approve Change Order No.3 to Contract 02-11 (Dodd Road, Cliff Road to 120th Street (Butwin Road) - Street, Utility and Trail Improvements) and authorize the Mayor and City Clerk to execute all related documents. Eagan City Council Meeting Minutes October 7,2003 Page 2 M. Traffic Signal Maintenance Agreement. It was recommended to approve a Traffic Signal Maintenance Agreement #03-03 with Dakota County for Town Center Drive and Duckwood Drive and authorize the Mayor and City Clerk to execute all related documents. N. Right of Way Vacation. It was recommended to receive the petition to vacate public right-of-way and schedule a public hearing to be held on November 3, 2003. O. Proiect 806R. It was recommended to approve an Easement Agreement for Project 806R (Kennerick Addition, pond HDP-l - Trunk Storm Sewer Improvements) with the owners of Parcel No.1 0-88800-1 04- 00 and authorize the Mayor and City Clerk to execute all related documents. P. Contract 02-09. It was recommended to approve the final payment in the amount of$83,469.42 to Ingram Excavating, Inc. and accept the improvements for perpetual maintenance subject to warranty provisions. Q. Proiect 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. 10-22515-030-01 and authorize the Mayor and City Clerk to execute all related documents. R. Proiect 886. It was recommended to receive the Draft Feasibility Report for Project 886 (Lone Oak Road - Trunk Water Main Improvements) and schedule a public hearing to be held on November 3, 2003. S. Predevelopment Grant. It was recommended to authorize resolution of support or application for Predevelopment Grant. T. Ordinance Amendment. It was recommended to approve the ordinance amendment updating Chapter 11 ot the City Code in its entirety; to approve the ordinance summary; and to authorize and direct the City Attorney's office to publish the ordinance summary. U. Trust for Public Land's Application. It was recommended to approve a resolution in support of the Trust for Public Land's application to the Dakota County Farmland and Natural Areas Program for preservation of the Caponi Art Park. V. Proiect 751. It was recommended to approve an assessment settlement agreement for 4880 Dodd Road for special assessments relating to Project 751R (South Dodd Road) and authorize the Mayor and City Clerk to execute all related documents. W. Contract 01-05. It was recommended to approve Change Order No.6 to Contract 01-05 (Cedar Grove Redevelopment - Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. X. Extension for Recording Final Plat. It was recommended to approve an extension of time to record the Final Plat for Vogelpohl Addition, located at 2099 Silver Bell Road. Y. Agreement. It was recommended to approve the State of Minnesota Custom Microsoft Enterprise Enrollment Agreement with Microsoft Licensing, GP and to authorize the Mayor and City Clerk to execute the appropriate documents. 03-64 03-65 K. Ordinance Amendment to Chapter 5, Wine, Beer and Liquor Licensing and Regulation. Councilmembers agreed to discussed this issue further at an upcoming workshop. Council member Tilley moved, Councilmember Fields moved to continue discussion of an Ordinance Amendment to Chapter 5, Wine, Beer and Liquor Licensing and Regulation to a future workshop. Aye: 5 Nay: 0 PUBLIC HEARINGS PROJECT 764R, SELMARK / HARVEY / BURRVIEW ADDITIONS STREET RESURFACING IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for street resurfacing improvements for Selmark, Harvey and Burrview Additions. Director of Public Works 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. It was noted that Lot 4 on the displayed map did not indicate an assessment, however the property will be assessed. Eagan City Council Meeting Minutes October 7, 2003 Page 3 Councilmember Carlson moved, Councilmember Til1ey seconded a motion to approve the Final Assessment Roll for Project 764R (Selmark, Harvey and Burrview Additions - Street Resurfacing Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 Maguire abstained. PROJECT 875, LEXINGTON PLACE ILEXINGTON PLACE SOUTH STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for street overlay improvements for Lexington Place and Lexington Place South. Director of Public Works 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 Fields moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 875 (Lexington Place I Lexington Place South - Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 876, DREXEL HEIGHTS ADDITION STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for street overlay improvements for Drexel Heights. 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 Tilley moved, Councilmember Fields seconded a motion to approve the Final Assessment Roll for Project 876 (Drexel Heights - Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 GARAGE VARIANCES AT 2090 QUARTZ LANE ROBERT AND RENATE OWEN City Administrator Hedges introduced this item regarding a request for variances to exceed the 20 percent lot coverage by 1.5 percent; to exceed the allowed 800 square foot detached accessory structure by 160 square feet and to allow the pitch and style of the garage roofto differ from the principle structure. Senior Planner Ridley gave a staff report. Mayor Geagan opened the public hearing. Robert Owen, applicant provided background information in regard to his variance requests. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Discussion was held regarding the garage roof not matching the hipped roof on the house. It was suggested that the two roofs be consistent and that Mr. Owen add gutters to address concerns of snow melt. Mr. Owen agreed to this suggestion and withdrew the request for the third variance. Councilmember Carlson moved, Council member Tilley seconded a motion to approve a Variance to allow the proposed detached accessory structure to exceed the allowable 800 square feet by 160 square feet, located at 2090 Quartz Lane; subject to the following conditions: 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 Eagan City Council Meeting Minutes October 7, 2003 Page 4 in writing at least 30 days before expiration and shall state fats showing a good faith attempt to complete or utilize the use permitted in the variance. 2. No other accessory structures shall be permitted on this property. 3. The exterior materials of the garage shall match the existing principal materials. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Variance to allow the building coverage to exceed the allowable 20 percent by 1.5 percent, located at 2090 Quartz Lane; subject to the following conditions: Aye: 5 Nay: 0 I. 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 fats showing a good faith attempt to complete or utilize the use permitted in the variance. V ARIANCE TO REQUIRED REAR FIVE FOOT SETBACK FOR A PORCH ADDITION AT 4687 WILDWOOD STREET - STEPHEN PALO City Administrator Hedges introduced this item regarding a request for a five foot variance to the five foot required rear yard setback for a porch addition at 4687 Wildwood Street. Senior 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. Stephen Palo, applicant, was present to answer questions of the Council. Councilmember Carlson inquired about association covenants. Mr. Palo stated he had presented his plan to the Association Board and they were in agreement. Councilmember Maguire asked that written verification be provided from the Association. Community Development Director Hohenstein stated that the documentation would be required prior to the issuance of a building permit. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a five foot variance to the five foot required rear yard setback for a porch addition at 4687 Wildwood Street; 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 fats showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The building materials shall match the principal structure. OLD BUSINESS PLANNED DEVELOPMENT AMENDMENT - EAGAN HOTEL GROUP, LLC (DAYS INN) City Administrator Hedges introduced this item regarding a planned development amendment to allow a maintenance building within a utility easement and a modification to the landscape plan on property located at 4510 Erin Drive. Senior Planner Ridley gave a staff report. A representative of the applicant was present to answer questions of the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to allow a maintenance building within a utility easement on property located at 4510 Erin Drive, legally described as Lot 2, Block 1, Honey Tree 1 sl Addition, in the SW Y. of Section 30, subject to the following conditions: Aye: 5 Nay: 0 Eagan City Council Meeting Minutes October 7, 2003 Page 5 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. 2. The Owner shall execute an agreement holding the City harmless for any damages to the maintenance building or trash enclosure that may result from the City's use and maintenance of the easement. The agreement shall be submitted for review and approval by the City Attorney prior to execution. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment moditying the landscape plan property located at 4510 Erin Drive, legally described as Lot 2, Block 1, Honey Tree 151 Addition, in the SW V4 of Section 30 subject to the following conditions: Aye: 5 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. 2. The landscaping must be completed by June 15,2004. 3. The application shall incorporate the original trail alignment into the overall maintained lawn area at a comparable grade sufficient to allow unimpeded access by City maintenance equipment within the existing utility easement on the east side of the property. 4. Additional lighting for security purposes shall be provided on the east side of the building according to the lighting plan received September 29,2003. Replacements and repairs to existing lighting shall be completed as indicated at the applicant's letter dated September 30, 2003. 5. Trees near the building and the path shall be pruned of branches below seven feet and shrub material shall not exceed 3 feet in height. For security purposes, shrubs along the trail and around the building shall not exceed three feet in height and shall provide open spaces such that the planting is not continuous and dense. 6. The owner shall be responsible for maintenance of site lighting and landscaping, including repair or replacement of non-working lights, and ensuring the health ofthe landscaping including the removal of litter, necessary pruning and replacement of any plant materials that die or are removed due to disease. NEW BUSINESS WIA VER OF PLATTING (LOTS 2 AND 3, POPPLER HOMESTEADS NO.2 MICHAEL TIERNEY City Administrator Hedges introduced this item regarding a request for a waiver of platting to shift the common lot line between Lots 2 and 3, Poppler Homesteads No.2 located at 3055 and 3045 Poppler Lane. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Waiver of Platting to shift the common lot line between Lots 2 and 3, Poppler Homesteads No.2, located at 3055 and 3045 Poppler Lane in the NW V4 of Section 10, subject to the following conditions: Aye: 5 Nay: 0 03-66 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 Lot 3 with the small portion of Lot 2, Block 1, Poppler Homesteads No.2, 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 of the new property line shall be created by separate document in a form acceptable to the City Attorney and recorded with the Lot Combination Agreement. 3. Construction on Lot 3 will be subject to both the R-l and Shoreland zoning requirements at the time of building permit. Sanitary sewer and water are available to serve both lots. CONDITIONAL USE PERMIT - TRINITY LONE OAK LUTHERAN CHURCH City Administrator Hedges introduced this item regarding a conditional use permit to allow construction of a pylon sign on property located at 2950 Hwy. 55. Senior Planner Ridley gave a staff report. Eagan City Council Meeting Minutes October 7,2003 Page 6 Councilmember Carlson noted that in previous situations, monuments have been required to be removed at the time of the installation of an additional sign. A representative of the church discussed reasons for leaving the existing monument sign which serves purposes other than signage. Councilmember Carlson suggested that the wording be removed from the monument. 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 2950 Highway 55, legally described as Section 2" Twn. 27, Range 23,5.36 A in SE V4 of SE V4 for church and cemetery in the southeast V4 of Section 2, 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 Sign Permit shall be obtained from the City prior to installation of the sign. 3. The existing temporary sign in violation of City Code shall be removed from the property. 4. The pylon sign shall be setback a minimum of 10' from the west property line, face north and south perpendicular to Hwy 55 and be located in the sloped open area visually between the church and the cemetery, as shown on the site plan received 8014.03. 5. The pylon sign shall comply with the plans received 8-14-03. 6. Landscaping consistent with a mulched landscape bed, landscape border and evenly spaced dense evergreen shrubs to fill the sloped area at the base of the sign shall be implemented within 6 months of the installation of the sign. 7. The existing monument sign shall be converted to a decorative landscape monument without any lettering, advertising or identification. CONDITIONAL USE PERMIT - MILLER DUNWIDDIE ARCHITECTURE City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow a kidney dialysis clinic in a BP Business Park zoning district on Lot 1, Block 1, Grand Oak Three located at 2750 Blue Water Road. Senior Planner Ridley gave a staff report. Representatives of the applicant were present to answer questions of the Council. Councilmember Fields moved, Councilmember Carlson seconded a motion to approve a Conditional use permit to allow a kidney dialysis clinic in a BP Business Park zoning district on Lot 1, Block 1, Grand Oak Three located at 2750 Blue Water Road; 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. 2. All signage shall comply with the City Sign Ordinance. CONDITIONAL USE PERMIT - INTERSTATE PARTNERS City Administrator Hedges introduced this item regarding a conditional use permit to allow a health care facility in a BP, Business Park zoning district on Lot 2, Block 1, Grand Oak Four, located at 880 Blue Gentian Road. Senior Planner Ridley gave a staff report. Representatives of the applicant were present to answer questions of the Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow a health care facility in a BP, Business Park zoning district on Lot 2, Block 1, Grand Oak Four, located at 880 Blue Gentian Road; 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. 2. All signage shall comply with the City Sign Ordinance. Eagan City Council Meeting Minutes October 7,2003 Page 7 DIRECT PREPARATION - ORDINANCE AMENDMENT TO REVISE NON-CONFORMING USE REGULATIONS City Administrator Hedges introduced this item regarding a proposed ordinance amendment to revise non- conforming use regulations to limit the improvement or expansion of non-conforming uses. Community Development Director Hohenstein gave a staff report. Councilmember Fields moved, Councilmember Carlson seconded a motion to authorize the preparation of an ordinance amendment to revise non-conforming use regulations to limit the improvement or expansion of non- conforming uses. Aye: 5 Nay: 0 SENATE FILE 150 City Administrator Hedges discussed this item regarding legislation that could significantly affect cities' ability to continue to collect cable franchise fees. Alan Miller discussed a proposed resolution opposing Senate File 150 as it is currently drafted and requesting modifications upholding local right-of-way management and compensation authority. Councilmembers discussed the proposed resolution and agreed to direct staff to develop a letter to Senators Dayton and Coleman outlining the City's concerns and to make contact with all congressional delegates. Councilmember Tilley moved, Councilmember Carlson seconded a motion to authorize a formal resolution calling upon the Senate to protect the rights of cities to require local cable system operators to pay franchise fees for use of public rights-of-way and forward said resolution to Minnesota's legislative delegation forthwith, authorize the City Administrator to develop a letter to Senators Dayton and Coleman outlining the City's concerns about SF ISO; and authorize the City Administrator to contact by phone the offices of Senators Dayton and Coleman with the City's concerns. Aye: 5 Nay: 0 03-67 ADMINISTRA TlVE AGENDA Recreational Vehicle Outdoor Storage. Community Development Director Hohenstein discussed a recent directive given to staff to work with the Advisory Planning Commission to potentially revisit the issue of Recreational Vehicle Outdoor Storage. Councilmembers agreed the issue should be discussed at a Council workshop. Special City Council Meeting - October 14, 2003 Councilmember Fields moved, Councilmember Tilley seconded a motion to begin the October 14, 2003 Special City Council meeting at 4:30 p.m. at the Old Town Hall to meet jointly with the History Committee. Aye: 5 Nay: 0 Runoff - Lebanon Hills Regional Park Public Works Director Colbert provided an update regarding the drainage plan by Dakota County for runoff at Lebanon Hills Regional Park. Committee Meetings City Administrator Hedges noted that meetings of the Communications Committee and the Personnel Committee would be scheduled in the near future. Eagan City Council Meeting Minutes October 7,2003 Page 8 Minnesota Cities Week Councilmember Tilley moved, Councilmember Fields seconded a motion to proclaim the week of October 5 - 11, 2003 as Minnesota Cities Week. Aye: 5 Nay: 0 Councilmember Maguire moved, Councilmember Tilley seconded a motion to recess the City Council meeting and immediately convene a meeting of the Board of Adjustments and Appeals. 03-68 BOARD OF ADJUSTMENTS AND APPEALS City Administrator Hedges explained that at the meeting of September 16, 2003 Eagan Board of Adjustments and Appeals consideration was given to an appeal by Central Irrigation and Supply of a decision to deny rezoning of property located at 2785 Pilot Knob Road, made by the City Council at their regular meeting of June 3, 2003. The Board of Adjustments and Appeals affirmed the Council action of June 2, 2003 at the September 16,2003 meeting. Board member Carlson moved, Board member Tilley seconded a motion to adopt the Board's Findings and Resolution regarding the City Council's denial of a rezoning of the property located at 2785 Pilot Knob Road, in the NE 14 of Section 4. Aye: 5 Nay: 0 Board member Maguire moved, Board member Fields seconded a motion to adjourn the meeting of the Board of Adjustments and Appeals at 8:45 p.m. Aye: 5 Nay: 0 A meeting ofthe Economic Development Authority was convened at 8:45 p.m. Councilmember Fields moved, Councilmember Tilley seconded a motion to reconvene the regular City Council meeting at 8:55 p.m. OTHER BUSINESS PURCHASE AGREEMENT City Administrator Hedges explained that it is necessary for the City Council to ratifY action previously taken at the Economic Development Authority meeting regarding City acquisition of property for redevelopment in the Northeast Eagan Redevelopment District. Councilmember moved, Councilmember seconded a motion to approve a Purchase Agreement for City acquisition of property for redevelopment, Northeast Eagan Redevelopment District, Darcom Partnership Property, 2815 Dodd Road, and related stipulations and relocation agreements and approve sale of the Darcom Property to Interstate Partners LLC in accordance with the terms of the Amended and Restated Development Agreement dated December 23,2002. Aye: 5 Nay: 0 VISITORS TO BE HEARD An Eagan explained that he had received a parking ticket for parking in front of his house. He had inadvertently failed to display his parking permit. He requested that Council consider providing smaller parking permits that could be left hanging on the rear view mirror. Councilmembers agreed to discuss this issue further at a future workshop. ADJOURNMENT Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 9:00 p.m. Aye: 5 Nay: 0 {)~rk1Ltt ~ cJC03 Date Eagan City Council Meeting Minutes October 7,2003 Page 9 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, (TOO 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.