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10/05/2004 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota October 5, 2004 A regular meeting of the Eagan City Council was held on Tuesday, October 5, 2004 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, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira McGarvey. AGENDA Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 CONSENT AGENDA Clarification regarding items D and J was made. An additional item was added as item V. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Consent Agenda. Aye:5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the September 21, 2004 regular City Council meeting and the September 13, 2004 special City Council meeting as presented. B. Personnel Items. Information only. C. Check Registers. It was recommended to ratify the check registers dated September 23, 2004, and September 30, 2004 as presented. D. Election Judges. It was recommended to approve the list of election judges for the November 2, 2004 General Election. E. Delinquent Utility Bills. It was recommended to schedule a public hearing for November 4, 2004 to consider the final assessment of delinquent utility bills and certify them to Dakota County for collection with property taxes. F. Delinquent False Alarm Bills. It was recommended to schedule a public hearing for November 4, 2004 to consider the final assessment of delinquent false alarm bills and certify them to Dakota County for collection with property taxes. G. Agreement. It was recommended to approve an agreement between the Lower Minnesota River Watershed District and the City of Eagan and authorize the Mayor and Deputy Clerk to execute all related documents. H. Fitness Promotion. It was recommended to approve the proposed January fitness promotion for the Eagan Community Center. I. Hours of Operation for Community Center. It was recommended to approve the proposed 2005 hours of operation for the Eagan Community Center. J. Maintenance Agreement. Item removed from agenda. K. Contract 02 -13. It was recommended to approve the final payment for Contract 02 -13 (July 2000 Storm Mitigation — Storm Sewer Improvements) in the amount of $22,520.80 to Danner, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. L. Contract 04 -12. It was recommended to approve the final payment for Contract 04 -12 (Terra Glenn — Raw Water Transmission Line Improvements) in the amount of $19,600.00 to Nodlund, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. M. Project 884, Final Assessment Roll. It was recommended to receive the Final Assessment Roll for Project 884 (Borchert Lane — Street & Utility Improvements) and schedule a public hearing to be held on November 1, 2004. N. Revised Preliminary Subdivision. It was recommended to approve the Revised Preliminary Subdivision and Final Subdivision (Evergreen Enclave) to create 7 lots and a 1.5 acre outlot on 7.7 acres for property located at 4195 Lexington Way South. Eagan City Council Meeting Minutes October 5, 2004 Page 2 O. Project 884, Street & Utility Improvements. It was recommended to approve an Easement Agreement for Project 884 (Borchert Lane — Street & Utility Improvements) with the owner of Parcel No. 10- 14700 -010- 01 and authorize the Mayor and Deputy City Clerk to execute all related documents. P. Ordinance Amendment. It was recommended to adopt the mandatory Minnesota State Building Code Chapters 1335 and 1346. Q. Cul -de -sac Study. It was recommended to direct Community Development staff to review cul -de -sac standards generally and prepare findings for review /discussion by the Advisory Planning Commission and City Council. R. DSL Services. It was recommended to approve a resolution urging Qwest to fully extend DSL services to all of Eagan. S. Consulting Firm. It was recommended to approve the hiring of a consulting firm to conduct an organizational study for the City of Eagan. T. Bid Award. It was recommended to approve a bid award to Pierce Manufacturing for two fire apparatus replacements (fire pumper / pumper tanker trucks). U. EAW. It was recommended to authorize transmittal of the developer's Draft Environmental Assessment Worksheet Submittal for the Diamond T property / Steeplechase development proposal to SRF for review and coordination. V. Change in Meeting Date. It was recommended to change the November 1, 2004 regular City Council meeting to November 4, 2004. Mayor Geagan opened the public hearing. PUBLIC HEARINGS PROJECT 874, TH 55 NORTH FRONTAGE ROAD / GIFT OF MARY STREET & UTILITY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the Final Assessment Roll for Project 874 (North Frontage Road / Gift of Mary — Street & Utility Improvements). Public Works Director Colbert gave a staff report. Jon Cina, 3402 Highway 55, objected to the proposed assessment to his property, stating he will not benefit from the street and utility improvements. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. After discussion, Councilmembers agreed that an appraisal should be conducted for Mr. Cina's property. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the Final Assessment Roll for Project 874 (North Frontage Road / Gift of Mary — Street & Utility Improvements), parcels 10- 01200 - 060 -02 and 10- 29800 - 010 -Oland authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Fields seconded a motion to order an appraisal for parcel number 10- 03800 - 070 -02 and continue consideration of the assessment for this property. Aye: 5 Nay: 0 PROJECT 898, TERMINAL DRIVE STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Project 898 (Terminal Drive — Street Overlay Improvements). 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. Eagan City Council Meeting Minutes October 5, 2004 Page 3 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 898 (Terminal Drive — Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 894, COACHMAN LAND CO., CENTURY POINTE, DONALD COURT STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Project 894, Century Pointe, Donald Court street overlay improvements final assessment hearing. 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 894 (Coachman Land Company, Century Pointe, Donald Court — Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 IMRE / ROBERT O'NEIL HOMESTEAD ADDITIONS DRAINAGE AND UTILITY EASEMENT VACATION City Administrator Hedges recommended this item be continued for consideration at the time of final plat and approval of Grand Oaks Five Addition. 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 continue consideration of vacating the public drainage and utility easements with the Imre / Robert O'Neil Homestead Additions to be concurrent with the Final Plat approval of the Grand Oak Five Addition. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT — DAREN GANGELHOFF City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to exceed the maximum 25% impervious coverage in a Shoreland zoning district to allow a garage expansion on property located at 648 Crimson Leaf Trail. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to exceed the maximum 25% impervious coverage in a Shoreland Zoning District to allow a garage expansion on property located at 648 Crimson Leaf Trail, legally described as Lot 3, Block 2, Autumn Ridge in the NE 1 /4 of Section 25, 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 applicant must obtain a building permit prior to construction of the addition. 3. The garage addition shall utilize exterior materials to match the principal building. PLANNED DEVELOPMENT AMENDMENT — VIVA ITALIA, LLC LOT 1, BLOCK 1, CENTENNIAL RIDGE 2 ADDITION Eagan City Council Meeting Minutes October 5, 2004 Page 4 City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a Class I restaurant with on -sale liquor, and changes to the building signage and facade at 1629 Lena Court. City Planner Ridley gave a staff report. Kurt Manley and Dan Sarno, owners of the restaurant, discussed the additional five parking stalls recommended by the Advisory Planning Commission. They requested the Council waive that condition. Councilmembers held a discussion regarding a cross - easement and the possibility of a proof of parking for stalls on the southwest side of the property. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow a Class I restaurant with on -sale liquor, and changes to the building signage and facade at 1629 Lena Court in the NW 1 /4 of Section 28, 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. Allowable uses continue to be a drug store, and one story office building. Wit this Class I restaurant and its associated joint parking, no other Class I restaurants or day care centers and no other uses that would require additional joint parking shall be allowed. 3. The operation of the restaurant shall comply and be operated in accordance with all relevant state laws and regulations regarding on -sale liquor. 4. Other than open/closed and hours of operation, window signage shall be prohibited. 5. The premises shall be open for inspection by the City and the City shall have the right to inspect the premises. 6. Proof of parking for 9 to 11 stalls on the site shall be shown and constructed in the event the City determines that additional parking is needed. 7. Proposed signage and facade changes as shown on Signage Plan. 8. Proof that cross easements are recorded. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the On -Sale Liquor and Sunday license for Viva Italita, LLC, dba Viva Italia, at 1629 Lena Court. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT AT CLIFF LAKE CENTRE INLAND COMMERCIAL LLC City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a reader board sign on the existing pylon sign for Cliff Lake Centre; a Planned Development Amendment to allow 30 inch by 80 inch banners on 17 light poles for Cliff Lake Centre; and a Planned Development Amendment to allow 30 inch by 12 inch tenant name signs attached to the approved banners, all located at 1960 Cliff Lake Road. City Planner Ridley gave a staff report. Rick Plessner, Inland Commercial, discussed the need for additional signage for the tenants of the center. Two tenants of the center also discussed the need for additional signage. Councilmembers discussed the proposed signage and the possibility of a precedent being set if the banners on the light poles are approved. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow a reader board sign on the existing pylon sign for Cliff Lake Centre, located at 1960 Cliff Lake Road subject to the following conditions: Aye: 3 Nay: 2 Geagan and Maguire opposed 1. A Planned Development Amendment Agreement shall be executed and recorded. 2. The letters shall not scroll, intermittently change or flash, the content can change as the tenant message changes. Eagan City Council Meeting Minutes October 5, 2004 Page 5 Councilmember Fields moved, Councilmember Tilley seconded a motion to direct Findings of Fact for Denial of a Planned Development Amendment to allow 30 inch by 80 inch banners on 17 light poles (as indicated on the site plan) for Cliff Lake Centre, located at 1960 Cliff Lake Road: Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Geagan seconded a motion to direct Findings of Fact for Denial of a Planned Development Amendment to allow 30 inch by 12 inch tenant name signs attached to the proposed banners (as indicated on the site plan) for Cliff Lake Centre, located at 1960 Cliff Lake Road. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT LOT 1, BLOCK 1, SODERHOLM ADDITION HOLIDAY STATIONSTORES City Administrator Hedges introduced this item regarding a request for a Planned Development Amendment to allow an expansion of the car wash and construction of an enclosure for salt storage and an amendment to the car wash signage. City Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow an expansion of the car wash and construction of an enclosure for salt storage on Lot 1, Block 1, Soderholm Addition, 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 new addition shall be constructed of materials that match the existing building. 3. No outside storage, sales, or display is permitted. 4. Entry and exit doors of the car wash shall be closed during wash/dry cycles. Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve a Planned Development amendment to amend the car wash signage for the Holiday store at 1065 Diffley Road, legally described as Lot 1, Block 1, Soderholm Addition in the SW 1 /4 of Section 23, 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. Car wash signage shall comply with the City Sign Code. PLANNED DEVELOPMENT AMENDMENT AT THOMAS LAKE CENTER — PHUONG NGUYEN City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow an off -sale liquor store in Thomas Lake Center, located at 1565 Cliff Road, along with the Liquor License and a Tobacco License. City Planner Ridley gave a staff report. The applicant discussed the condition recommended by the Planning Commission which states there would be no window signage other than open/closed and hours of operation signs. They requested that 50% window coverage be allowed. After discussion, Councilmembers agreed that 25% window coverage would be acceptable. The owner of two local liquor stores spoke regarding the unlimited number of off -sale liquor licenses issued by the City. They requested the Council consider limiting the number of licenses issued in the future. Councilmembers agreed that the geographic aspects of off -sale liquor stores and the possible limit on the number of licenses issued should be addressed. Staff was directed to review the ordinance and possibly survey existing off -sale liquor stores for feedback. Eagan City Council Meeting Minutes October 5, 2004 Page 6 Councilmember Fields moved, Mayor Geagan seconded a motion to approve a Planned Development Amendment to allow an off -sale liquor store in Thomas Lake Center, located at 1565 Cliff Road subject to the following conditions: Aye: 5 Nay: 0 1. A Planned Development Amendment Agreement shall be executed and recorded. 2. All signage shall comply with the City of Eagan Sign Ordinance. 3. There shall be no more than 25 percent window coverage with signage. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Off -Sale Liquor License for Phuong La Nguyen, dba T.L. Liquors, 1565 Cliff Road, Suite 18 and 19. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a License to Sell Tobacco Products for Phuong La Nguyen, dba T.L. Liquors, 1565 Cliff Road, Suite 18 & 19. Aye: 5 Nay: 0 REQUEST FOR EXEMPTION FROM MORATORIUM CSM CORPORATION City Administrator Hedges introduced this item regarding an application for a subdivision by CSM of property located at the northwest corner of Lone Oak Road and Lone Oak Drive. City Planner Ridley gave a staff report. Jill West, Lone Oak Road expressed concern regarding what is proposed for the area. Staff discussed the Comprehensive Guide Plan. Councilmembers agreed that further information is needed regarding permitted uses within the moratorium area. Councilmember Carlson moved, Councilmember Fields seconded a motion to consider acceptance of an application for a subdivision by CSM of property located at the northwest corner of Lone Oak Road and Lone Oak Drive I the SW 1 /4 of Section 1 in the Northeast Eagan Moratorium Area, Lot 1, Block 1, Blue Ridge 5 Addition until the October 19, 2004 Council meeting. Aye: 5 Nay: 0 (note: this item was reconsidered later in the meeting). CAPONI PROPERTY ACQUISITION / CAPONI ART PARK UPDATE City Administrator Hedges provided an update on the Caponi property acquisition. ADMINISTRATIVE AGENDA City Administrator Hedges discussed proposed correspondence to the Minnesota Congressional Delegation regarding the Proposed Part 150 Program. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the correspondence regarding the proposed Part 150 Sound Insulation Program to be sent to all members of the Minnesota Congressional delegation. Aye: 5 Nay: 0 Community Development Director Hohenstein stated he had information regarding the request by CSM for exemption from the Northeast Eagan development moratorium. Councilmember Maguire moved, Councilmember Carlson seconded a motion to reconsider item F of New Business. Aye: 5 Nay: 0 Director Hohenstein provided information regarding the moratorium language. Councilmember Carlson moved, Councilmember Fields seconded a motion to authorize acceptance of an application for a subdivision by CSM of property located at the northwest corner of Lone Oak Road and Lone Oak Eagan City Council Meeting Minutes October 5, 2004 Page 7 Drive in the SW 1 /4 of Section 1 in the Northeast Eagan Moratorium Area, Lot 1, Block 1, Blue Ridge 5 Addition. Aye: 5 Nay: 0 There were no visitors who wished to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 9:15 p.m. and go into a Closed Session to discuss pending litigation. Date Administrative Secretary / Deputy 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). 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