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10/07/2008 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota October 7, 2008 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Tilley and Hunter. Jan Childers and Keith Caldwell were present to express their concern over noise generated from the Septemberfest event held at Faithful Shepherd Catholic School on September 20. Mayor Maguire and Chief of Police McDonald addressed the issue, discussing the measures that would be taken in regard to the noise when the temporary liquor license is issued for the event next year. Representative from Faithful Shepherd Catholic School were also present and apologized for the noise and inconvenience to area residents. They stated that they will work towards resolution of the noise issue before the event next year. A regular meeting of the Eagan City Council was held on Tuesday, October 7, 2008 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, fields, Tilley and Hunter. Also present were City Administrator Tom Hedges, Community Development Director John Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that a closed session would be held to discuss the Joey Browner lawsuit. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS OATHS OF OFFICE - NEW FIRE FIGHTERS Thirty new Fire Fighters were administered the Oath of Office by Deputy Clerk Mira Pepper. CONSENT AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the September 16, 2008 regular City Council meeting as presented. B. Personnel Items 1. It was recommended to approve the hiring of Bradley Heil, Utility Maintenance Worker. C. It was recommended to ratify the check registers dated September 18, 2008, September 25, 2008 and October 2, 2008. D. It was recommended to set a public hearing date for November 6, 2008 to certify delinquent false alarm bills E. It was recommended to set a public hearing date for November 6, 2008 to certify delinquent weed cutting bills F. It was recommended to set a public hearing date for November 6, 2008 to certify delinquent utility bills G. It was recommended to approve the list of election judges for the November 4, 2008 General Election and authorize the City Clerk to modify the list as necessary H. It was recommended to approve the 7-1-08 to 7-1-09 general insurance renewal 1. It was recommended to accept a donation for a park bench located in Central Park J. It was recommended to approve the modification to the 2008 Eagan Community Center Budget K. It was recommended to approve Change Order #2 for Civic Arena west mezzanine construction L. It was recommended to approve a contract for janitorial services for the five fire stations City Council Minutes October 7, 2008 Page 2 M. It was recommended to approve the final assessment roll and order public hearing for Project 955 for November 6, 2008(Safari Estates Street Overlay) N. It was recommended to receive the final assessment roll and order public hearing for Project 958 for November 6, 2008 (Towerview Road Street Overlay) 0. It was recommended to receive the final assessment roll and order public hearing for Project 960 for November 6, 2008 (Brittany 8d' - 10th Additions - Street Overlay) P. It was recommended to receive the final assessment roll and order public hearing for Project 961 (Bur Oak Hills Street Overlay) Q. It was recommended to receive the final assessment roll and order public hearing for Project 965 (Elrene Road Street Overlay) R. It was recommended to receive the final assessment roll and order public hearing for Project 968 (Lexington Pointe Parkway / Daniel Drive - Street Overlay) S. It was recommended to approve Easement Agreement for Project 905R (Lebanon Hills Regional Park / Long Acres Storm Sewer Improvements) T. It was recommended to approve Change Order No. 3 for Contract 07-06 (Lebanon Hills Regional Park/Long Acres Storm Sewer Improvements) U. It was recommended to approve Change Order No. 2 for Contract 08-04 (City-wide Street Overlay Improvements) V. It was recommended to approve final payment and acceptance, Contract 08-05 (Sanitary Sewer Lining) W. It was recommended to acknowledge completion and authorize City maintenance of Contract 07-A (Novus Addition/Trinity at River Ridge) X. It was recommended to approve a Comprehensive Guide Plan Amendment to change the land use designation of 120 acres from Parks and Recreational Open Space to Low Density for property commonly referred to as Carriage Hills Y. It was recommended to continue consideration of a modification to the City Code regarding dangerous dogs to the October 21 Council Meeting Z. It was recommended to approve the Final Subdivision, Diffley Marketplace 2nd Addition, Reliance Development AA. It was recommended to approve the release of development contract for DG Welding BB. It was recommended to accept a donation of five Automated External Defribrillators (AED's) from the Mdewakanton Emergency Services AED Program CC. It was recommended to accept the resignation of Bret Walsh from the Eagan Airport Relations Commission PUBLIC HEARINGS EASEMENT VACATION - DIFFLEY MARKETPLACE City Administrator Hedges introduced this item regarding the vacation of public right-of-way easement within the Diffley Marketplace plat. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the vacation of public right-of- way easement within the Diffley Marketplace plat. Aye: 5 Nay: 0 VARIANCE - BRYAN AND CAROL BOCHLER 781 SUNSET DRIVE City Administrator Hedges introduced this item regarding a requested Variance of 3.5 feet to the required 10-foot side yard setback to construct an addition at 781 Sunset Drive. City Planner Ridley gave a staff report. Mr. Bochler discussed the need for the proposed addition to their home. City Council Minutes October 7, 2008 Page 3 Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Variance of 3.5 feet to the required 10-foot side yard setback to construct an addition at 781 Sunset Drive, legally described as Lot 8, Block 2, Sunset Fourth Addition, in the NW 1/4 of Section 25, subject to the following conditions: Aye: 5 Nay: 0 1. If within on 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 applicant shall obtain a building permit prior to beginning construction. 3. The proposed addition shall be constructed using materials to match the principal structure. 4. The proposed garage addition shall match the roof pitch and style of the existing house. OLD BUSINESS HAWTHORNE RIDGE - EXCEL DEVELOPMENT, LLC City Administrator Hedges introduced this item regarding an appeal by the owner of the Hawthorne Ridge commercial development for the Council to reconsider their July 1, 2008 decision to not allow modifications to the restrictive covenants filed against the development to permit a restaurant. In order to reconsider this issue, the Council would have to schedule a meeting of the Board of Adjustments and Appeals. City Planner Ridley provided a brief overview of the history of Council actions regarding the Hawthorne Ridge development. Councilmember Hunter noted that he lives in the area and has discussed the issue of a restaurant being allowed in the development with other area residents and there is a definite interest. He requested that the Council reconsider the restrictive covenants. Councilmembers held a discussion regarding the history of the development and Council actions. It was determined that the Board of Adjustments and Appeals should reconsider the issue and neighbors be notified. Attorney Jasper Berg, representing Excel Development, stated support for the Board meeting to discuss the item on November 6, 2008. Councilmember Tilley moved, Councilmember Fields seconded a motion to direct the Board of Adjustments and Appeals to convene on November 6, 2008 for the purpose of hearing a proposal to modify covenant restrictions to allow a full-service restaurant for Excel Development's Hawthorne Ridge retail center located at 525 Diffley Road. Notification to be sent to area residents and residents who expressed concern at past meetings. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT AND VARIANCES - T-MOBILE City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow a 90-foot telecommunications/church bell tower; a Variance of 82 feet to the required 300 foot residential setback for a telecommunications/church bell tower; and a Variance to locate a telecommunications/bell tower in a side yard, all on property located at 1930 Diffley Road. City Planner Ridley gave a staff report. Kari Brown and Julie Perrus, representing T-Mobile, discussed the proposed conditional use permit and the additional cell phone coverage that would be made possible for the Eagan area. Councilmembers held a discussion. City Council Minutes October 7, 2008 Page 4 Mike DeRosier, Christ Lutheran Church, discussed the proposed bell tower. Delories Altinger, discussed the need by T-Mobile for better coverage and noted that the tower would not only increase coverage by T-Mobile but would be income for Christ Lutheran Church. Councilmember Tilley moved, Councilmember Hunter seconded a motion to approve a Conditional Use Permit to allow a 90 foot telecommunications/church bell tower for property located at 1930 Diffley Road, in the NW 1/4 of Section 29, 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. The property shall be platted prior to issuance of a building permit. 3. As required by City Code, the 90-foot antenna tower shall accommodate the applicant's antennae and one additional comparable antenna for other communication providers; accept antennae mounted at varying heights; and allow the future rearrangement of antennae upon the tower. Documentation of this shall be provided at the time of application for building permit. 4. The applicant shall provide the City documentation from a registered structural engineer confirming the structural integrity of the proposed tower. The documentation shall be submitted with the building permit application. 5. The equipment building shall be constructed of concrete block with a brick finish to match the existing building. And size as code allows. 6. For security purposes, climbing pegs shall be removed for the first 12 to 14 feet at the base of the tower. 7. The access drive and parking area adjacent to the lease area shall be surfaced with bituminous or concrete. 8. Landscaping shall be provided, installed and maintained in accordance with the Landscape Plan dated September 3, 2008. Councilmember Tilley moved, Councilmember Hunter seconded a motion to approve a Variance of 82 feet to the required residential setbacks for a 90-foot telecommunications/bell tower for property located at 1930 Diffley Road in the NW 1/4 of Section 29 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 telecommunications/bell tower shall be located as shown on the proposed Site Plan received September 8, 2008. Councilmember Tilley moved, Councilmember Hunter seconded a motion to approve a Variance to allow the side yard location of a 90-foot telecommunications/bell tower for property located at 1930 Diffley Road in the NW 1/4 of Section 29 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 telecommunications/bell tower shall be located as shown on the proposed Site Plan received September 8, 2008. 3. CONDITIONAL USE PERMIT AND VARIANCE - EFH CO. City Administrator Hedges introduced this item regarding a Conditional Use Permit to erect a pylon sign, and a Variance to allow a pylon sign within 300 feet of an existing pylon sign on property located at 1646 Diffley Road. City Planner Ridley gave a staff report. Mike Whalen, representing EFH Co. discussed the proposed signage. City Council Minutes October 7, 2008 Page 5 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to erect a pylon sign on property located at 1646 Diffley Road legally described as Lot 4, Block 1, Diffley Plaza, located in the NW 1/4 of Section 28, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 90 days of approval by the City Council, and proof of recording submitted to the City. 2. A Sign permit shall be obtained from the City prior to installation of the pylon sign. 3. The sign shall be located as shown on the Grading Plan dated August 6, 2008. 4. Landscaping shall be provided, installed and maintained in accordance with the Landscape Plan dated September 9, 2008. 5. The sign shall be designed as depicted on the sign exhibit received September 16, 2008. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Variance to allow a pylon sign within 190 feet of an existing pylon sign for the property located at 1646 Diffley Road legally described as Lot 4, Block 1, Diffley Plaza, located in the NW 1/4 of Section 28, 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 sign shall meet all other setback and sign requirements per City Code. PLANNED DEVELOPMENT AMENDMENT (CUB FOODS) SUPERVALU, INC. City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a seasonal outdoor display of retail goods and a Planned Development Amendment to allow outdoor storage of shopping carts on property located at 1940 Cliff Lake Road. City Planner Ridley gave a staff report. Ann Thies representing Supervalu, Inc. stated Supervalu was in agreement with the conditions of approval as recommended by the Advisory Planning Commission and that she was present to answer questions of the Council. Councilmembers held a discussion regarding the size of the outdoor display area in relation to the size of the Cub Foods building. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow a seasonal outdoor display of retail goods on property located at 1940 Cliff Lake Road, legally described as Lot 1, Block 1, Cliff lake Centre, in the SW 1/4 of Section 29, 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. 2. The applicant shall revise the Site Plan to provide decorative bollards which will identify the display area. 3. The seasonal sales shall be allowed in the area as depicted on the Site Plan dated September 4, 2008. 4. All signage must meet City Code requirements. 5. The site shall be kept in a neat and orderly manner and the display of items shall not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment for outdoor storage of shopping carts on property located at 1940 Cliff Lake Road, legally described as Lot 1, Block 1, Cliff Lake Centre, in the SW 1/4 of Section 29, 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. City Council Minutes October 7, 2008 Page 6 2. Only outdoor storage of shopping carts shall be allowed per the Site Plan dated September 4, 2008. 3. The enclosure shall be made of the same material and shall be of similar color to the principal structure. 4. The applicant shall obtain a building permit for the construction of the masonry screen wall. INTERIM USE PERMIT - ALLINA HEALTH CLINIC City Administrator Hedges introduced this item regarding an Interim Use Permit to allow a mobile diagnostic unit to be parked on the property at 1110 Yankee Doodle Road. City Planner Ridley gave a staff report, noting that Allina has been utilizing the mobile unit since 2003 and there have been no complaints and no problems associated with the unit. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an Interim Use Permit to allow a mobile diagnostic unit to be parked on the property at 1110 Yankee Doodle Road, located at the southwest corner of Yankee Doodle Road and Lexington Avenue, in the NE 1/4 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 in five years (October 7, 2013). 3. The interim use permit shall be subject tot 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 August 18, 2008. 5. The diagnostic unit shall not be parked on the site overnight. PLANNED DEVELOPMENT AMENDMENT HOLIDAY STATIONSTORES, INC. City Administrator Hedges introduced this item regarding a Planned Development Amendment to expand the gas pumps located at 3044 Holiday Lane. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Hunter seconded a motion to approve a Planned Development Amendment to expand the gas pumps located at 3044 Holiday Lane, legally described as Lot 1, Block 2, Oakview Center in the NE 1/4 of Section 15 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, and proof of recording shall be provided to the City. The following exhibits are required for the Planned Development Amendment Agreement: • Site Plan • Canopy elevations • Site Lighting Plan • Signage Plan PLANNED DEVELOPMNT AMENDMENT - DAVID ANSARI 1960 RAHNCLIFF COURT City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow on-sale liquor, add outdoor patio dining and a pylon sign at 1960 Rahncliff Court. City Planner Ridley gave a staff report. David Ansari was present to answer questions of the Council. City Council Minutes October 7, 2008 Page 7 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow on-sale liquor, add outdoor patio dining and a pylon sign, located at 1960 Rahncliff Court, legally described as Lot 1, Block 2, Rahncliff 3rd Addition in the NW 1/4 of Section 32, subject to the following conditions: Aye: 5 Nay: 0 1. The Planned Development Amendment shall be recorded at the Dakota County Recorder's Office within 60 days of City Council approval. 2. On-sale liquor sales shall comply and be operated in accordance with all relevant state laws and regulations. 3. The outdoor patio shall be enclosed with a fence and have access from inside the building. 4. Any existing trees removed from the site for the remodeling shall be replaced elsewhere on the property. 5. Submission of a revised plan showing elimination of five (5) parking spaces on the north side and expanding the patio in that area. Proof of cross-parking easements should be provided for review by the City Attorney. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. At 8:30 p.m. the regular City Council meeting was recessed to immediately convene a meeting of the Economic Development Authority. At 8:35 p.m. the regular City Council meeting was reconvened. ADMINISTRATIVE AGENDA 1. City Administrator Hedges requesting final direction from Council regarding the revised Carriage Hills Vision Statement. Discussion was held and further revisions were made. VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 8:55 p.m. Date Administrative Secretary / Deputy Clerk