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06/03/2003 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota June 3, 2003 A regular meeting of the Eagan City Council was held on Tuesday, June 3, 2003 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan and 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 Assistant to City Administrator Dianne Lord. AGENDA Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the agenda. Aye: 5 Nay: 0 2002 COMPREHENSIVE ANNUAL FINANCIAL REPORT City Administrator Hedges introduced Chief Financial Officer Pepper, who introduced auditors Matt Mayer and Steve Wi shim of Kern, DeWenter, Viere, Ltd. The auditors provided a summary of the 2002 Comprehensive Annual Financial Report (CAFR). Pepper and the City Council thanked the auditors and City staff for their work in preparing the CAFR. Council member Fields moved, Councilmember Tilley seconded a motion to receive and accept the 2002 Comprehensive Annual Financial Report (CAFR). Aye: 5 Nay: 0 CONSENT AGENDA Items J and R were pulled for discussion. Councilmember Maguire thanked the Hibbard family for their donation to the City in memory of Jim Hibbard. Councilmember Maguire moved, Council member Tilley seconded a motion to accept a donation of $400 from the family of Jim Hibbard for the purchase of a park bench to be placed in Trapp Farm Park. Aye: 5 Nay: 0 Councilmember Maguire thanked Greg Wilken for agreeing to serve on the EDC. Councilmember Fields moved, Councilmember Maguire seconded a motion to appoint Greg Wilken as the Alternate Member of the Economic Development Commission. Aye: 5 Nay: 0 Councilmember Fields 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 May 20, 2003 regular City Council meeting, the May 20, 2003 Listening Session minutes, the May 21, 2003 special City Council workshop minutes and the May 13, 2003 special City Council meeting minutes. B. Personnel Items. 1. It was recommended to approve the hiring of Ryan Martinson as a seasonal engineering intern. 2. It was recommended to approve the hiring of Pamela Clark-Garcia, Alison Hunter, Judith Forde, Denise King and Lynda Speikers as part-time seasonal preschool program instructors. Eagan City Council Meeting Minutes June 3, 2003 Page 2 3. It was recommended to approve the hiring of Joan Rodgers and Amber Geske as part- time seasonal preschool program instructor's assistants. 4. It was recommended to approve the hiring of Michelle Finlon and Kelley Hammond as part-time seasonal recreation assistants. 5. It was recommended to approve the hiring of Jennifer Kranz as a part-time seasonal recreation assistant/puppeteer. 6. It was recommended to approve the hiring of Melissa Buntjer as part-time seasonal recreation assistant/puppeteers. 7. It was recommended to approve the hiring of Alyssa Ophoven as a part-time seasonal specialty instructor. 8. It was recommended to accept the resignation of Susan Scott, part-time Clerical Technician III in Community Development. 9. It was recommended to approve an agreement selling Police K-9 "Cody" to Officer Robert Wegner. 10. It was recommended to approve an agreement selling Police K-9 "Bullet" to Officer James Unger. C. Check Registers. It was recommended to ratify the check registers dated May 22, 2003 and May 29,2003 as presented. D. Service Station Permits. It was recommended to approve 2003/2004 Service Station Permits for Conoco Philips Company, Holiday Stationstores #68, #232, #247, #318, Eagan Citgo, Eagan E-Z Shop, McG's Inc. and Tom Humb #273. E. Tree Maintenance Contractor License. It was recommended to approve Tree Maintenance Contractor License for Rainbow Tree Company. F. Amusement Device License Renewals. It was recommended to approve 2003/2004 Amusement Device License Renewals for Minnesota Robins, Inc., Liberman Companies, Inc. and Dandy Amusements International. G. New 2003 Tobacco License. It was recommended to approve 2003 Tobacco License for Rainbow Foods, 1276 Towne Centre Drive. R. Donation of Equipment. It was recommended to approve the donation or recycling of obsolete monitors, cpu's and printers. 1. LCTS Grant. It was recommended to accept Local Collaborative Time Study grant to continue to support Youth Development Programs in the amount of$IO,OOO for the 2003-2004 school year. J. Donation. Pulled K. Proiect 771. It was recommended to receive the Final Assessment Roll for Project 771 (Lexington Avenue - Street and Utility improvements) and schedule a public hearing to be held on July 1,2003. L. 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 July 1,2003. M. CIP. It was recommended to approve the 5-year Capital Improvement Plan for 2004-2008 and authorize the initiation public improvement process for the 2004 program improvements. N. Contract 03-07. It was recommended to approve the final payment for Contract 03-07 (Cedar Grove Area Access Modifications - House Demolition) in the amount of $17,625.00 to Ginther Excavating, Inc., accept the improvements for perpetual City maintenance subject to warranty prOVISIons. O. Cedar Grove Redevelopment Area. It was recommended to approve payment for relocation of underground utility lines to Dakota Electric Association and Comcast in the amount of$41,700. P. Final Subdivision. It was recommended to approve a Final Subdivision (Diffley Plaza) to create 7 lots on approximately 15.7 acres located on the SW corner of Diffley Road and Johnny Cake Ridge Road in the NW ~ of Section 28, subject to the conditions listed in the November 19, 2002 City Council minutes. 03-36 Eagan City Council Meeting Minutes June 3, 2003 Page 3 Q. Change Order. It was recommended to approve a change order to City Contract 03-08, Thresher Fields, for the importation of additional top soil at a cost of $4.36 a cubic yard. R. Appointment. pulled OLD BUSINESS PLANNED DEVELOPMENT AMENDMENT - CORNERSTONE SELF STORAGE City Administrator Hedges stated the applicant has requested a continuance of this item. Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of a Planned Development Amendment to allow outdoor storage of rental vehicles on property located at 3495 Denmark Avenue in the NW ~ of Section 15 to the July 1, 2003 City Council meeting. Aye: 5 Nay: 0 NEW BUSINESS INTERIM USE PERMIT - ALLINA MEDICAL CLINIC City Administrator Hedges introduced this item regarding an Interim Use Permit to allow a temporary mobile diagnostic unit at 111 0 Yankee Doodle Road. Senior Planner Ridley gave a staff report. The applicants from Allina Medical Center addressed the City Council. The Council discussed the interim use permit. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve an Interim Use Permit to allow a temporary mobile diagnostic unit on Lot 1, Block 1, Town Centre 100 Sixteenth Addition, located at 1110 Yankee Doodle Road in the NE ~ of Section 15 subject to the following conditions: Aye: 5 Nay: 0 1. The Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City, and proof of recording shall be submitted to the City. 2. The permit shall terminate on June 3, 2006. 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 diagnostic unit shall be located as shown on the approved site plan received by the City on April 16, 2003. 5. The diagnostic unit shall not be parked on the site overnight. 6. The access drive and parking pad for the unit must be surfaced with concrete or bituminous asphalt. 7. A building permit is required prior to construction of the canopy. 8. The canopy/awning shall be made of prefinished metal to match the front canopy or of a canvas material in a color to match the front canopy. No signage shall be allowed on the canopy/awning that will be added to the east side of the building. 9. Any trees or shrubs that may need to be removed shall be relocated or replaced elsewhere on the site, preferably east of the building to enhance screening of the diagnostic unit. Eagan City Council Meeting Minutes June 3, 2003 Page 4 10. A landscape plan showing additional landscape screening east of the building and identifying existing landscaping in that area shall be provided to City staff for review and approval prior to release of the interim use permit for recording. PLANNED DEVELOPMENT AMENDMENT - WELSH CONSTRUCTION City Administrator Hedges introduced this item regarding a Planned Development Amendment to amend the design of the second monument sign on Lot 1, Block 1 Gatewood's Addition, located at 1185 Town Centre Drive. Senior Planner Ridley gave a staff report. The applicants addressed the City Council and noted they would like to add the names of the building tenants/businesses to the sign. The City Council discussed the signage, including whether the addition of names would pose a traffic safety issue. The Council also noted the destination use of the building. Councilmember Fields moved, Councilmember Carlson seconded a motion to approve a planned development amendment to amend the design of the second monument sign on Lot 1, Block 1, Gatewood's Addition, located at 1185 Town Centre Drive in the NE ~ Section 15. Aye: 2 Nay: 3 (Geagan, Maguire, and Fields opposed) Councilmember Maguire moved, Councilmember Tilley seconded a motion to direct the City Attorney to prepare Findings of Facts for Denial for a planned development amendment on Lot 1, Block 1, Gatewood's Addition, for the June 10 City Council meeting. Aye: 4 Nay: 1 (Tilley opposed) PLANNED DEVELOPMENT AMENDMENT - JOE SENSER'S City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a temporary sand volleyball court on Lot 1, Block 1, Eagandale LeMay Lake 4th Addition, located at 3010 Eagandale Place. Senior Planner Ridley gave a staff report. The applicant was present and addressed the City Council regarding the plans for the usage of the outdoor volleyball court. The City Council discussed the proposal, including provisions should the City receive any complaints about the outdoor court. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to allow a temporary sand volleyball court on Lot 1, Block 1, Eagandale LeMay Lake 4th Addition, located at 3010 Eagandale Place in the NW ~ of Section 10 subject to the following conditions: Aye: 5 Nay: 0 1. The Planned Development Amendment Agreement must be signed and recorded prior to constructing the volleyball court. 2. Construction of the volleyball courts may begin the third week of April and must be removed the week after Labor Day each year. 3. The volleyball court shall be in the location shown on the site plant dated April 16, 2003. 4. To ensure access in case of an emergency, no parking should be allowed adjacent to the courts. 5. Site lighting shall be indirect and diffused and lighting shall not be directed upon public rights-of-way or adjacent properties. 6. Alcohol shall not be served or consumed within the confines of the sand volleyball court. Eagan City Council Meeting Minutes June 3, 2003 Page 5 CONDITIONAL USE PERMIT - DUKE REALTY CORPORATION City Administrator Hedges introduced this item regarding a Conditional Use Permit to add additional outdoor storage to the existing conditional use permit on Lots 1 and 2, Block 1, Eagandale Center Industrial Park No. 12, located at 1245 Trapp Road. Senior Planner Ridley gave a staff report. The applicant representing Duke Realty Corp. was present and addressed the Council. Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve a Conditional Use Permit to add additional outdoor storage to the existing conditional use permit on Lots 1 & 2, Block 1, Eagandale Center Industrial Park No. 12, located at 1245 Trapp Road in the NE ~ of Section 3 subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. Outdoor storage shall be limited to tractor/trailer storage in the amount and at the location shown on revised site plans dated April 16, 2003. 3. The north parking lot shall be restriped to accommodate the angled parking of five 53 foot tractor/trailers at the location shown on the revised site plan dated April 16, 2003. 4. All trailers must be stored in an orderly fashion. 5. Additional coniferous landscape material shall be added between the storage area and 1-494 to more adequately screen the designated storage location. 6. All parking and storage areas shall be properly maintained to prevent deterioration. The City Council discussed the motion and it was noted that an Interim Use Permit may be better suited for this property than a conditional use permit given that the City has received complaints about outdoor storage on the site. The Applicant requested that the City Council continue the item 30 days to allow him time to proceed with an interim use permit rather than a conditional use permit. Councilmember Tilley withdrew her motion. Councilmember Maguire moved, Councilmember Fields seconded a motion to continue to July 1, 2003 the request for approval of an amendment to an existing Conditional Use Permit to allow additional outdoor tractor trailer/truck storage on Lots 1 and 2, Block 1 Eagandale Center Industrial Park No. 12 at 1245 Trapp Road. Aye: 5 Nay: 0 REZONING - CENTRAL IRRIGATION City Administrator Hedges introduced this item regarding a rezoning of approximately one acre from T (Transitional) to NE (Neighborhood Business), located at 2785 Pilot Knob Road. Senior Planner Ridley gave a staff report. Raleigh Crawford, the attorney representing Central Irrigation, addressed the Council regarding the intended use of the property by Central Irrigation. Crawford noted that the company is growing very fast and needs more space. Furthermore, Crawford noted that Central Irrigation would be changing their business approach at the Eagan location form a predominately distributor/wholesale operation to a retail operation to be used by individuals. Eagan City Council Meeting Minutes June 3, 2003 Page 6 Three neighboring property owners addressed the Council with their concerns about Central Irrigation, which included concerns about traffic congestion, the nature of the business, outdoor storage, and overall fit of the use in a neighborhood business zone. The City Council discussed the neighbors concerns, the nature of the Central Irrigation business, and the conceptual site plan presented by the applicant. Councilmember Maguire moved, Councilmember Fields seconded a motion to deny a rezoning of approximately one acre from Limited Industrial, General Business), located at 2785 Pilot Knob Road in the NE 1/4 of Section 19. Aye: 5 Nay: 0 The City Attorney distributed Findings of Facts, which he had prepared in anticipation of the rezoning being denied, and in order to meet the 60-day requirement. Councilmember Carlson moved, Councilmember Maguire seconded a motion to adopt the Findings :;;: { of Fact for Denial with the addition of warehouse use as an additional finding. Aye: 5 Nay: 0 The City Council recessed from 8:10 p.m. to 8:20 p.m. REZONING - CITY OF EAGAN City Administrator Hedges introduced this item regarding a rezoning of approximately 128 acres from Limited Industrial, General Business, Commercial Shopping Center, Limited Business, Single Family Residential, Agriculture and Park to CGD (Cedar Grove District), located north and south of Highway 13 and west of Cedar Avenue. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve a Comprehensive Guide Plan Amendment to change the land use designation of Lots 1 & 2, Block I, Cedar Ridge 2nd from O/S-Office/Service to MD-Medium Density, located on Cedar Ridge Circle between Nicols Road and Hwy 77 in the NW ~ of Section 30. Aye: 5 Nay: 0 The applicant, Mark Gergen, presented his conceptual plan for the property, which includes 39 townhome units on 6.8 acres. The City Council discussed the zoning change, and noted that the Council's goal is to provide the City with a diverse mix of housing. The Council also discussed the existing nursery adjacent to the property being proposed for townhouses, and the concerns they have regarding residents complaining about the noise, smells, etc. from the nursery. The Council noted that the two uses were not compatible with one another. Councilmember Carlson moved, Councilmember Fields seconded a motion to direct the City Attorney to prepare Findings of Fact for Denial. Aye: 5 Nay: 0 The applicant requested that the item be tabled; however, Councilmember Carlson stated she would not rescind her motion. Eagan City Council Meeting Minutes June 3, 2003 Page 7 PRELIMINARY SUBDIVISION AND WAIVER - CITY OF EAGAN City Administrator Hedges introduced this item regarding a preliminary Subdivision and a Waiver of Platting serving approximately 3.4 acres from 68 acre parcel located at the southeast corner of Yankee Doodle Road and Blue Cross Road. Senior Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision serving approximately 3.4 acres from 68 acre parcel located at the southeast corner of Yankee Doodle Road and Blue Cross Road in the NW ~ of Section 16. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Carlson seconded a motion to approve a waiver of platting that will allow the residential 65.6 acre parcel to remain unplatted until Blue Cross Blue Shield subdivides and develops their master plan. Aye: 5 Nay: 0 PRELIMINARY AND FINAL SUBDIVISION - CITY OF EAGAN City Administrator Hedges introduced this item regarding a Preliminary and Final Subdivision (Central Maintenance Addition) to create two lots on 23.4 acres, located at the SW corner of Yankee Doodle Road and Coachman Road. Senior Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve a Preliminary Subdivision at Coachman Road in the NW ~ of Section 16 subject to the following conditions. Aye: 5 Nay: 0 1. The developer shall comply with the standard conditions of plat approval as adopted by Council on February 2, 1993. 2. The property shall be platted. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve a Final Subdivision (Central Maintenance Addition) to create two lots on 23.4 acres, located at the SW corner of Yankee Doodle Road and Coachman Road in the NW ~ of Section 16. Aye: 5 Nay: 0 03-37 ON-STREET PARKING REQUEST SCOTT TRAIL (CLIFF ROAD TO CLIFFVIEW DRIVE) City Administrator Hedges introduced the request for on-street parking on Scott Trail from Cliff Road to Cliffview Drive. Public Works Director Colbert gave a staffreport. The applicant, Mary Lou Meverden, presented her request to the City Council, noting that many of her clients are injured and do not have handicapped parking stickers. She requested that space be made available for two on-street parking spots (e.g. Parking allowed between signs). The City Council discussed the applicant's request and voiced that the issue is one between her and the property manager since the underlying issue is the moving of her business from the first floor to the second floor of the building. The Council also noted that on-street parking would be available to the public and could not be reserved specifically for the applicant's patients. Councilmember Maguire moved, Councilmember Tilley seconded a motion to deny a request to allow on-street parking on Scott Trail from Cliff Road to Cliffview Drive. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes June 3, 2003 Page 8 COMMUNITY CENTER UPDATE City Administrator Hedges provided an update on activities at the Community Center. City Administrator Hedges requested that a meeting of the Community Center Operations Committee be held to discuss child care, senior programming, and corporate use. Administrative Secretary McGarvey will contact Mayor Geagan and Councilmember Carlson to schedule the meeting. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges noted the legislative session is over. He added that an agenda item has been scheduled for a June workshop to discuss the opt-out provisions for the 2 a.m. closing of liquor establishments, noting that the law goes into effect on July 1,2003. Councilmember Carlson inquired as to whether the City can offer a separate liquor license to be able to serve form I a.m.-2 a.m. City Attorney Dougherty will research the request. ADMINISTRATIVE AGENDA City Administrator Hedges noted that an Executive Session would be needed. The City Council discussed the upcoming 4th of July celebration, noting the importance of the event as the one opportunity for the community to gather, and this year also being the first time the event will be held at Central Park. The Council also discussed the $5 million in insurance being requested by Lockheed Martin. The Council recommended that the City Administrator suggest to Lockheed that $2 million in insurance be obtained. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve $30,000 towards the 4th of July fireworks display. Aye: 5 Nay: 0 Councilmember Tilley distributed a flyer from the MVT A highlighting the grand opening to be held on August 21, which will coincide with the MVT A offering bus service from the Eagan transit station to the State Fair. Tilley also inquired about legislation being proposed in the next legislative session to address the conceal and carry legislation. Councilmember Maguire called attention to the Eagan Fishing Guide, noting it is a wonderful guide that is available to the public. 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 9:35 p.m. ~)~~ De uty City Clerk r ~ dtJtJJ Date Eagan City Council Meeting Minutes June 3, 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, (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.