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09/02/2003 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota September 2, 2003 A regular meeting of the Eagan City Council was held on Tuesday, September 2,2003 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 Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENT A TIONS Mayor Geagan recognized Councilmember Maguire for his resent appointment as a Humphrey Institute Fellow. CONSENT AGENDA Items E and N were pulled for discussion. Councilmember Carlson moved, Councilmember Tilley 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 August 19,2003 regular City Council meeting as presented, the August 19, 2003 Listening Session, and the August 12, 2003 Special City Council meeting. B. Personnel Items. C. Check Registers. It was recommended to ratifY the check registers dated August 21, 2003 and August 28, 2003 as presented. D. Tree Maintenance Contractor License. It was recommended to approve a Tree Maintenance Contractor license for Outdoor Management, Inc. E. Joint Powers Agreement for Dakota County Domestic Preparedness Agency. Pulled F. Memorandum of Agreement. It was recommended to approve a Memorandum of Agreement for Eagan's participation with Dakota County and other Dakota County cities in the update of the Dakota County Public Safety Radio Plan Update. G. City Sponsorship. It was recommended to approve City sponsorship of the New Urbanism and Redevelopment Conference being hosted by the Minnesota Real Estate Journal and the University of St. Thomas on November 6, 2003. H. Surplus Property. It was recommended to declare bicycles, unclaimed property and miscellaneous City property to be surplus and sold at the Dakota County auction on September 27,2003. 1. Contract for Auction Sales Service. It was recommended to approve a contract with Dakota County for auction services in conjunction with the Dakota County auction to be held on September 27, 2003. J. Final Subdivision / Final Planned Development. It was recommended to approve a Final Subdivision (Blue Ridge Fifth Addition) to create one lot on approximately 20.7 acres located northwest corner of Lone Oak Road and lone Oak parkway in the SW Y. of Section 1; and to approve a Final Planned Development for construction of a 43,000 square foot office, warehouse and manufacturing building on Lot 1, Block I, Blue Ridge Fifth Addition. K. Final Subdivision. It was recommended to approve a Final Subdivision (Northwood Business Park 3rd Addition) to create two lots on approximately 17.7 acres located north of North wood Parkway and west of Lexington Avenue in the SE Y. of Section 10. L. Service Agreement. It was recommended to approve a Service Agreement with American Engineering Testing, Inc. and authorize designated City staff to execute work orders for requested engineering services. M. Proiect 859. It was recommended to authorize the preparation of a feasibility report by WSB and Associates, Inc. for Projects 859 (Trunk Highway 55/Lexington Avenue/Blue Gentian Road -Intersection 03-52 03-53 Eagan City Council Meeting Minutes September 2, 2003 Page 2 Improvements) and 877 (Lexington Avenue (CSAH 43, Lone Oak Road to Trunk Highway 55 - Street Improvements). N. Project 764R Pulled O. Project 875. It was recommended to receive the Final Assessment Roll for Project 875 (Lexington Place/Lexington Place South - Street Overlay) and schedule a public hearing to be held on October 7,2003. P. Project 876. It was recommended to receive the Final Assessment Roll for project 876 (Drexel Heights- Street Overlay) and schedule a public hearing to be held on October 7,2003. Q. Contract 03-12. It was recommended to reject the bids for Contract 03-12 (TH 13 & Silver Bell Road- Intersection Improvements), and authorize re-advertisement for bids in early 2004. R. Contract 03-01. S. Proposal for Volunteer Fire Department. It was recommended to direct staff to proceed with developing a proposal for transition of the Volunteer Fire Department from an organizational entity to a city Department. T. Transfer of Funds. It was recommended to approve the transfer of the General Fund fund balance designated for bond retirement to debt service funds as follows: 2000 EDA bonds Debt Service Fund $2,409,373 1993 Fire Facility Bonds Debt Service Fund 371.267 Total $2,780,640 E. Joint Powers Agreement. Tom Hedges and Chief of Police Therkelsen discussed the City's domestic preparedness program and training. Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve the Joint Powers Agreement for Dakota County Domestic Preparedness Agency. N. Project 764R. Councilmember Maguire noted that he would be abstaining from voting on this item due to his residency in the area. Councilmember Tilley moved, Councilmember Fields seconded a motion to receive the Final Assessment Roll for Project 764R (Selmark/Harvey/Burrview- Street Overlay) and schedule a public hearing to be held on October 7,2003. Aye: 5 Nay: 0 PUBLIC HEARINGS VARIANCE - DAN AND ANNETTE MCKEAG City Administrator Hedges introduced this item regarding a request for a six foot Variance to the minimum 30 foot structure setback from a public right-of-way for an addition to their home and a deck at 976 Pointe Way. Senior Planner Ridley gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and tumed discussion back to the Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a six-foot Variance to the minimum 30 foot structure setback from a public right-of-way for an addition to their home and a deck at 976 Pointe Way, legally described as Lot 10, Block 3, Lexington Pointe, in the NE y.. of Section 26 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 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 exterior materials of the additions shall match those on the principal structure. 3. The addition shall comply with all other applicable Zoning Ordinance provisions. 4. A building permit must be obtained prior to construction. Eagan City Council Meeting Minutes September 2, 2003 Page 3 VARIANCE - CITY OF EAGAN City Administrator Hedges introduced this item regarding a request for a five-foot Variance to the minimum ten-foot side yard setback for living space at 3966 Arlene Court. 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 Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a five-foot Variance to the minimum ten foot side yard setback for living space at 3966 Arlene Court, legally described as Lot 15, Block 1, Perron Acres, in the SE ~ of Section 24 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. YANKEE DRIVE - RIGHT OF WAY VACATION City Administrator Hedges recommended this item be tabled until the December 1, 2003 Council meeting. Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue the consideration of the vacation of public right-of-way known as Yankee Drive between Yankee Doodle Road and Trunk Highway (TH) 13 until December 1, 2003, with the following conditions: Aye: 5 Nay: 0 1. The Council requested traffic study funded by the applicant is completed. 2. The area property owners are notified of the December 1 sl hearing. PROJECT 893, DIFFLEY FRONTAGE ROADS STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding Project 893 (Diffley Frontage Roads - Street Improvements). 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 Carlson moved, Councilmember Maguire seconded a motion to approve Project 893 (Diffley Frontage Roads - Street Improvements) and authorize the preparation of detailed plans and specifications and the acquisition of right-of-way and easements through quick-take Eminent Domain, if necessary, with the following condition: Aye: 5 Nay: 0 1. Bidding and construction to occur in Fall 2004. OLD BUSINESS PLANNED DEVELOPMENT AMENDMENT - SAM'S WEST, INC. City Administrator Hedges introduced this item regarding a request for a Planned Development Amendment to allow motor fuel sales on Lot 3, Block 1, Eagandale Center Industrial Park No.9. Senior Planner Ridley gave a staff report. The applicant, in response to questions by Council, discussed the proposed parking plan and traffic pattern. Councilmembers agreed that an improved access plan needs to be addressed. Eagan City Council Meeting Minutes September 2, 2003 Page 4 Councilmember Carlson moved, Councilmember Maguire seconded a motion to direct staff to prepare Findings of Fact for denial for a Planned Development Amendment to allow motor fuel sales on Lot 3, Block 1, Eagandale Center Industrial Park No.9. Aye: 4 Nay: 1 Tilley opposed. PLANNED DEVELOPMENT AMENDMENT - EAGAN HOTEL GROUP, LLC (DAYS INN) City Administrator stated the applicant has requested that this item be continued to the September 16, 2003 Council meeting. Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of a Planned Development Amendment for Eagan Hotel Group, LLC until September 16, 2003. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT CLARIFICATION - TREE MITIGATION PLAN REQUIREMENTS, KEYSTONE COMMUNITIES City Administrator Hedges introduced this item regarding a request for clarification of a tree mitigation plan requirement by Keystone Communities. Senior Planner Ridley gave a staff report. Doris Dahline discussed the proposed landscape plan in relation to the zoning ordinance. She stated she felt it was premature to consider the tree mitigation plan until the impervious surface percentage is addressed. Councilmembers and staff discussed the need for a specific tree mitigation / tree preservation and landscaping requirements for the Cedar Grove redevelopment area. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the Tree Mitigation and Landscape Plans for Keystone communities associated with their development of a four-story, 129 unit senior independent and assisted living apartment building on approximately 2.3 acres located at the southeast comer of Silver Bell Road and Cedar Grove Parkway in the NW y,. of Section 20. Aye: 5 Nay: 0 Councilmember Carlson moved Councilmember Tilley seconded a motion to direct staff to develop, along with the Advisory Planning Commission, and present a tree mitigation / tree preservation and landscaping requirements for the Cedar Grove redevelopment area at the November 18, 2003 City Council meeting. Aye: 5 Nay: 0 NEW BUSINESS CERTIFICATION OF THE PRELIMINARY 2004 BUDGET AND PROPERTY TAX LEVY, SET TRUTH- IN-TAXATION HEARING DATES, AND CHANGE THE DATE OF THE FIRST REGULAR AND SPECIAL COUNCIL MEETINGS IN DECEMBER City Administrator Hedges discussed the preliminary 2004 budget, the preliminary General Fund expenditure budget, the initial Truth-in- Taxation hearing date, the date of the first regular City Council meeting in December and the special City Council meeting in December. He stated that Council and staffhad developed the proposed budget at previous work sessions. Mayor Geagan commended the Council and staff for all the effort and hours spent in developing the 2004 budget. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the preliminary 2004 property tax levy as follows: Aye: 5 Nay: 0 General Revenue levy: General Fund Equipment Revolving Fund Major Street Fund Subtotal - General Revenue Levy Community Center bonds debt service $17,351,480 834,980 1,150,708 19,337,168 1,086,476 Eagan City Council Meeting Minutes September 2, 2003 Page 5 Cedarvale Special Services District Total Levy 2,000 $20,425,644 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the preliminary General Fund expenditure budget, including contingency, of$21,778,700. Aye: 5 Nay: 0 Mayor Geagan moved, Councilmember Maguire seconded a motion to set the initial Truth-in- Taxation hearing date for Monday, December 1, 2003 with a continuation hearing date (if necessary) of Monday, December 8, 2003. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to change the date of the first regular City Council meeting in December from December 2 to December 1, 2003. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to change the date of the December 9 Special City Council meeting to December 8, 2003. Aye: 5 Nay: 0 CONDITIONAL USE PERMITS - VELMEIR COMPANIES City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to allow a drive- through facility and a pylon sign for CVS Pharmacy on Lot 1, Block 1, Diffley Plaza. Senior Planner Ridley gave a staff report. Brian Altan, representing Velmeir Companies, was present to answer questions of the Council. Councilmembers discussed parking, lighting and potential future use of the site. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Conditional use Permit to allow a drive-though facility for CVS Pharmacy on Lot 1, Block 1, Diffley Plaza; 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. Lighting shall have no direct source visible from the public right-of-way or adjacent land. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow a pylon sign for CVS Pharmacy on Lot 1, Block 1, Diffley Plaza; 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. 3. The pylon sign design shall be modified to incorporate a 4 foot base made of the same brick used for the principle building. INTERIM USE PERMIT - W AL-MART City Administrator Hedges introduced this item regarding an Interim Use Permit to allow outside storage of up to ten storage containers within the existing garden center at the Wal-Mart store at 1360 Town Centre Drive. Senior Planner Ridley gave a staff report. John Hamm, Manager ofWal-Mart in Eagan discussed the need for an interim use permit for outside storage during the store's peak sales period from October to December. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an Interim Use Permit to allow outside storage of up to ten storage containers within the existing garden center at the Wal-Mart store at 1360 Town Eagan City Council Meeting Minutes September 2, 2003 Page 6 Centre Drive, legally described as Lot 1, Block 1, Town Center 70 Eleventh Addition, subject to the following conditions: Aye: 4 Nay: 1 Geagan opposed. 1. The Interim Use Permit shall be recorded at Dakota County within 60 days of Council approval and proof of recording submitted to the City. 2. The Interim Use Permit shall terminate December 31, 2005. 3. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. The outdoor storage shall be allowed only between October 1 and December 31 of each year. 5. There shall be no more than ten (10) storage containers and the containers shall be located within the fenced area south of the building. 6. The storage trailers shall be located within the garden center according to the site layout as approved by the City Fire Marshal, including the five-foot separation between trailers located end to end. 7. The storage area shall be screened from view from the public right-of-way and other retail areas. Screening shall be provided by a dark green canvas attached to the wrought iron fence. 8. Access into the fenced storage area during the time the trailers are being stored shall be restricted to employees only. ORDINANCE AMENDMENT - ZONING MAP UPDATE City Administrator Hedges introduced this item regarding the publication of the Zoning Map incorporating recommended rezonings as part of approved special area plans and approved rezonings since the last map publication. Senior Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the publication of the Zoning Map ofthe City of Eagan, Minnesota, pursuant to Chapter 11 Entitled "Land Use Regulations "(Zoning)" Section 11.20 Subd. 2 of the City Code, incorporating recommended rezonings as part of approved Special Area plans and approved rezonings since the last map publication. Aye: 5 Nay: 0 01-:)4 COMMUNITY CENTER UPDATE City Administrator Hedges updated the Council on current activities at the Community Center. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges provided information regarding the Noise Oversite Committee. Councilmember Fields moved, Councilmember Tilley seconded a motion to recess the regular City Council meeting at 8:40 p.m. to allow the Economic Development Authority to convene. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion reconvene the regular City Council meeting at 8:42 p.m. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the meeting at 8:43 p.m. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes September 2, 2003 Page 7 ~( I)t~ I,Jlt/L- s< ,2~L: j I Date f ---- 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). 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