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07/15/2003 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 15, 2003 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting, at which there was no one who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, July 15, 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 Administrative Secretary /Deputy Clerk Mira McGarvey. AGENDA Mayor Geagan added an additional item (B) under New Business. Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Raleigh Sellig was recognized and presented with a plaque for his twenty years of volunteerism with the community July 4 celebrations. Margo Danner was recognized and presented with a certificate for her extraordinary involvement as a community volunteer. CONSENT AGENDA Mayor Geagan pulled item D from the Consent Agenda Councilmember Fields moved, Councilmember Carlson seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 A. Minutes . It was recommended to approve the minutes of the July 1, 2003 regular City Council meeting and the July 2, 2003 City Council retreat as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Kelly Clements and Jill Kuzma as guest services representatives at the Community Center. 2. It was recommended to accept the resignation of Joel Rausch, Engineering Technician. C. Check Registers. It was recommended to ratify the check registers dated July 3, 2003 and July 10, 2003 as presented. D. National Night Out. Pulled for discussion E. Community Center Fee Schedule. It was recommended to approve a modification to the Community Center fee schedule to include a $20 per month aerobic membership fee to be available to Community Center fitness members per the recommendation of the Community Center Operations Committee. F. Community Center Meeting Room Equipment Fees. It was recommended to approve Community Center meeting room equipment fees /charges for services per the recommendation of the Community Center Operations Committee. G. Custodial Staff. It was recommended to approve the hiring of a full -time custodial staff person (night shift) at the Community Center in lieu of hiring a full -time guest services attendant per the recommendation of the Community Center Operations Committee. H. Final Subdivision. It was recommended to approve a Final Subdivision (River Run Addition) to create two single family lots at 2987 Pilot Knob Road. Eagan City Council Meeting Minutes July 15, 2003 Page 2 L Extension for Recording Final Plat. It was recommended to approve an extension of time to record the Final Plat for Children's Therapy Addition, located north of Avalon Avenue on the west side of Pilot Knob Road in the NE 1 /4 of Section 4. J. Extension for Recording Final Plat (Heine 2 Addition) — William Heine and Laura Burbach. K. Findings of Fact. It was recommended to confirm the Findings of Fact, Conclusions and Resolution of Denial (Planned Development Amendment) — Anderson Builders. L. Project 01 -Q. It was recommended to authorize the time extension of the development agreement for Project 01 -Q (Perron Acres — Street and Utility Improvements) to August 31, 2003. M. Project 01 -S. It was recommended to authorize the time extension of the development agreement for Project 01 -S (Finch Place — Street and Utility Improvements) to September 30, 2004. N. Project 02 -C. It was recommended to authorize the time extension of the development agreement for Project 02 -C (Natures Edge — Street and Utility Improvements) to August 31, 2003. O. Contract 02 -17. It was recommended to approve Change Order No. 2 to Contract 02 -17 (Central Parkway and Cedar Grove Area Streetscaping and Lighting Improvements) and authorize the Mayor and City Clerk to execute all related documents. P. Dakota County Mutual Aid Fire Service Agreement. It was recommended to approve the Dakota County Mutual Aid Fire Service Agreement between the Cities of Apple Valley, Burnsville, Cannon Falls, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Miesville, Northfield, Rosemount, South St. Paul, and West St. Paul, the Metropolitan Airport Commission, and the Randolph - Hampton Fire District. Q. Amusement Device License. It was recommended to approve an Amusement Device License for ACMI/Sugarloaf for amusement devices at Cub Foods and Wal -Mart. R. Fee Schedule — Community Center Child Care Facility. It was recommended to approve the fee schedule for the Community Center Child Care Facility. S. Service Agreement /AET. It was recommended to approve the Service Agreement — Terms and Conditions to be accepted with the proposal from AET for a Phase I ESA for the Kopacek property. D. Mayor Geagan discussed National Night Out and encouraged residents to plan neighborhood gatherings for the evening. Mayor Geagan moved, Councilmember Tilley seconded a motion to adopt a proclamation recognizing 03 -45 August 5, 2003 as "National Night Out" in the City of Eagan PUBLIC HEARINGS VARIANCE — LYNN LANGEVIN City Administrator Hedges introduced this item regarding a request for a variance to exceed the 20 percent maximum building lot coverage by 3.65 percent at 930 Wildrose Court. Senior Planner Ridley gave a staff report. Lynn Langevin, applicant, discussed her request for a variance, stating the home is designed for elderly residents. Mayor Geagan opened the public hearing. A neighborhood spokesman, Bradley Wirt, 927 Wildrose Court, spoke in support of the proposed variance on behalf of the neighborhood. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Variance to exceed the 20 percent maximum building lot coverage allowed in an R1 (Single Family Residential) zoning district for a house with attached garage at 930 Wildrose Court; subject to the following conditions: Aye: 5 Nay: 0 Eagan City Council Meeting Minutes July 15, 2003 Page 3 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 god faith attempt to complete or utilize the use permitted in the variance. 2. No additional accessory structures shall be permitted. 3. The total building coverage for the subject lot shall not exceed 23.65 percent. 4. The structure is subject to all other R -1, Single Family Residential zoning standards. The applicant discussed the variance request. VARIANCE — SARA WAGNER City Administrator Hedges introduced this item regarding a request for a variance to exceed the 20 percent maximum building lot coverage at 692 Oxford Road. 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. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Variance to exceed the 20 percent maximum building lot coverage allowed in an R -1 (Single Family Residential) zoning district for a tree season porch addition at 692 Oxford Road; 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 subject property shall not exceed 21 percent building coverage. 3. No additional accessory structures shall be allowed. 4. the building materials shall match the principal structure. VACATION OF PUBLIC RIGHT OF WAY — ALDER LANE City Administrator Hedges discussed a request from the owner at 3830 Alder Lane for the vacation of public right -of -way on the portion of Alder Lane adjacent to Lot 9, Block 1, Langhoven Addition. On June 3, the Council received the petition and set a public hearing for July 1 to consider vacating said right -of -way. At the July 1 public hearing, Council continued consideration to the July 15 meeting. Public Works Director Colbert provided an overview of the proposed vacation. Mayor Geagan opened the public hearing. Doris Dahline, owner of 3830 Alder Lane, discussed her desire to create a more private driveway access to her parcel. Public Works Director Colbert explained that a more private access to Ms. Dahline's parcel could be accomplished as part of the adjacent Keystone development without having to formally vacate the current public right of way. Councilmembers agreed that the item be continued to allow time for the applicant to review the proposal by Keystone. Eagan City Council Meeting Minutes July 15, 2003 Page 4 Councilmember Carlson moved, Councilmember Tilley seconded a motion to continue consideration of the right of way vacation request until the August 4, 2003 City Council meeting. Aye: 5 Nay: 0 City Administrator Hedges introduced this item regarding the vacation of public right -of -way known as Yankee Drive between Yankee Doodle Road and Trunk Highway 13. Public Works Director Colbert gave a staff report. the area. Mayor Geagan opened the public hearing. RIGHT OF WAY VACATION — YANKEE DRIVE A representative of Blue Cross Blue Shield discussed the purpose of the vacation request which is to allow the redesign of Yankee Drive as a private street with more parking lot and pedestrian connection between the Blue Cross properties. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the vacation of public right -of way known as Yankee Drive between Yankee Doodle Road and Trunk Highway 13 retaining all existing drainage and utility easement rights and authorize the Mayor and City Clerk to execute all related documents. After discussion, Councilmembers agreed that more information was needed regarding traffic counts in Councilmember Maguire withdrew the motion. Councilmember Carlson moved, Councilmember Tilley seconded a motion to continue to Sept. 2, 2003 consideration of the vacation of public right -of -way known as Yankee Drive between Yankee Doodle Road and Trunk Highway 13 pending a traffic study to be funded by the applicant and the notification of area property owners. Aye: 5 Nay: 0 EASEMENT VACATION — HAWTHORNE WOODS 3 ADDITION City Administrator Hedges introduced this item regarding a petition to vacate a public easement within Lot 1, Block 1 Hawthorne Woods 3 Addition. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the vacation of public easement within Lot 1, Block 1 Hawthorne Woods 3 Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 PROJECT 801, SILVER BELL ROAD — FINAL ASSESSMENT City Administrator Hedges stated the necessary renotification for this hearing did not meet the publication requirements for a public hearing and suggested it be rescheduled. Councilmember Maguire moved, Councilmember Tilley seconded a motion to reschedule the Final Assessment Hearing for Project 801, Silver Bell Road for Parcel 10- 22450 - 020 -01 to August 4, 2003. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes July 15, 2003 Page 5 OLD BUSINESS FINDINGS OF FACT, CONCLUSIONS & RESOLUTIONS OF DENIAL CONDITIONAL USE PERMIT — COEN DEVELOPMENT GROUP, LLC. City Administrator Hedges discussed this item regarding Findings of Fact, Conclusions & Resolutions of Denial for a conditional use permit for a pylon sign for Lot 6, Block 1, Diffley Plaza. He stated the applicant has redesigned the signage and would like to resubmit plans. Jim Coen, applicant, reviewed the new design for the proposed pylon sign. Councilmembers were in agreement that the newly designed plyon sign would be acceptable. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit for a Pylon Sign (with plans and specifications as presented to Council) for Lot 6, 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. STAFFORD PLACE — PARKING PERMIT ORDINANCE City Administrator Hedges discussed this item regarding an amendment to the Eagan City Code Chapter 9 regarding permit parking. Residents of Ventnor Avenue discussed their concerns over parking restrictions in front of their homes and requested that the proposed new restrictions be removed on Ventnor from New York Ave. to States Ave.. Councilmembers and staff discussed with the residents safety concerns and the parking permit process. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve an amendment to Eagan City Code Chapter Nine by adding Section 9.17, and adopt a resolution defining the Permit Parking Zone related designation of parking restrictions as presented. Aye: 5 Nay: 0 ORDINANCE AMENDMENT — 2:00 A.M. CLOSING FOR ON -SALE LIQUOR ESTABLISHMENTS City Administrator Hedges discussed this item regarding newly enacted legislation which allow intoxicating liquor and 3.2% malt liquor on -sale establishments to stay open until 2:00 a.m. The current City Code states a 1:00 a.m. closing time and would need to be amended in order for local establishments to take advantage of the new legislation. John Merser, representing Old Chicago Restaurant, voiced support for the adoption of the ordinance. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve adoption of an ordinance amending Eagan City Code Chapter 5 to allow on -sale liquor establishments to close at 2:00 a.m. with directive to staff to prepare an amendment to the fee schedule. Aye: 5 Nay: 0 NEW BUSINESS Eagan City Council Meeting Minutes July 15, 2003 Page 6 COMPREHENSIVE LAND USE AMENDMENT — DUKE CONSTRUCTION LP City Administrator Hedges introduced this item regarding a request for a Comprehensive Guide Plan Amendment to change the land use designation within Special Area 4, from O /S, Office Service to RC, Retail Commercial on 3.5 acres located at 1515 Central Parkway. Senior Planner Ridley gave a staff report. Bob Smith, Duke Realty, discussed proposed plans for the area. Donna Miller expressed her opposition to the proposed plan due to an interest of Northwest Airlines. Councilmembers agreed the proposed use would not be an appropriate use of the property. Based on this discussion, Mr. Smith withdrew his application for the Comprehensive Land Use Amendment. APPOINTMENT OF CITY CLERK AS HEARING OFFICER Mayor Geagan moved, Councilmember Fields seconded a motion to appoint the City Clerk as a hearing officer with respect to the actions and responsibilities of an appointed commission member. Aye: 5 Nay: 0 COMMUNITY CENTER UPDATE City Administrator Hedges gave a brief update on Community Center activities. ADMINISTRATIVE AGENDA Project 893, Diffley Frontage Road (Street Improvements) Public Works Director Colbert discussed the current poor condition of the frontage roads relative to the remainder of the streets in Cedar Grove No. 1 and 2 and recommended that an earlier time frame for improvements be considered. Councilmember Tilley moved, Councilmember Fields seconded a motion to authorize the preparation of a feasibility report by the City Engineer for Project 893 (Diffley Frontage Roads — Street Improvements). Aye: 5 Nay: 0 p.m. VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Maguire seconded a motion to adjourn the meeting at 9:15 Date Deputy City Clerk 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. Formatted: Indent: First line: 0.5"