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02/08/2012 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota FEBRUARY 8, 2012 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Chuck Steinkopf was present and addressed the Council regarding incident calls relative to barking dogs. A regular meeting of the Eagan City Council was held on Wednesday, February 8, 2012 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Hedges, Assistant City Administrator Miller, Director of Administrative Services VanOverbeke, Director of Community Development Hohenstein, City Planner Ridley, Communications Director Garrison, Public Works Director Colbert, City Engineer Matthys, Deputy Chief Johnson, Fire Chief Scott, Director of Parks and Recreation Seydell Johnson and Assistant City Engineer Gorder. AGENDA City Administrator Hedges noted Public Hearing item A., New Business items D. and F. are proposed to be continued to a future City Council meeting. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS FUTURE CITIES COMPETITION Recognition was given to a team of 7 and 8 grade students from Blackhawk Middle School who finished first place overall and won a special award for the best essay in the Future City Minnesota regional competition held on January 14, 2012 at the University of Minnesota. CITY ENGINEER OF THE YEAR 2011 City Engineer Russ Matthys was recognized for receiving the 2011 Engineer of the Year Award by the City Engineers Association of Minnesota (CEAM). CONSENT AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the January 17, 2012 regular City Council meeting B. PERSONNEL ITEMS 1. a.) It was recommended to accept the resignation of Brea McCarty, Police Technical IV, and authorize her replacement b.) It was recommended to appoint Sergeant Mike Fineran to Lieutenant effective February 12, 2012, and authorize Steve Bolluyt as his replacement 2. It was recommended to accept the resignation from Steve Bolluyt as a Police Lieutenant effective February 11, 2012 and authorize his replacement be promoted February 12, 2012 3. It was recommended to approve the reclassification of the Assistant City Administrator from a level 13 to level 17 C. It was recommended to approve Check Registers dated January 12, 2012, January 19, 2012 and January 27, 2012 as presented D. It was recommended to adopt a Resolution Accepting Updates to the Dakota County All Hazard Mitigation Plan E. It was recommended to approve revised 2012 Budget for Cable Franchise Fees Special Revenue Fund City Council Meeting Minutes February 8, 2012 2 page F. It was recommended to approve Resolution establishing a Cable Access Complaint Review Board, naming franchise administrator, and reserving all other Video Franchise Enforcement Powers to the Eagan City Council G. It was recommended to approve E -TV Access and Operational Use Policies H. It was recommended to approve the Submission of an Application for a 2012 -2014 Department of Natural Resources (DNR) Community Forest Bonding Grant and Authorization for the Director of Parks and Recreation to execute related documents I. It was recommended to authorize staff to initiate the process of amending City Ordinance Chapter 10, Section 10.20 as it relates to "Shade Tree Disease Control and Prevention" J. It was recommended to approve a Resolution Declaring Official Reimbursement Intent — Fire Apparatus — Snozzle K. It was recommended to approve Application for Exempt Permit for Eagan Resource Center to hold a raffle on March 22, 2012 L. It was recommended to approve Tree Maintenance Contractor License for P & C Tree Service M. It was recommended to approve Tree Maintenance Contractor License for Lawrence Tree & Stump Services, Inc. N. It was recommended to approve Tree Maintenance Contractor License for Tree Techs O. It was recommended to approve Off -Sale Liquor License for Drinks Liquor, Inc. DBA Drinks Liquor, 3090 Courthouse Lane P. It was recommended to approve Conditional 90 -Day On -Sale Liquor License extension for Cedarvale Bowl, Inc. DBA Cedarvale Lanes /Fitz's Bar & Grill; Latt, Inc. DBA Valley Lounge; and Cooper's Restaurant Inc. DBA Cooper's Restaurant Q. It was recommended to approve Final Subdivision for Oakbrooke 8 Addition R. It was recommended to approve Consultant pool for Property Maintenance Services S. It was recommended to approve Resolution to change street name of Buffet Way T. It was recommended to approve Change Order No. 4 for Contract 09 -18 (Duckwood Drive Overpass — Bridge & street Improvements) U. It was recommended to approve Final Payment for Contract 12 -04 (I -35E, North of Diffley Rd — Noise Wall) V. It was recommended to approve Plans & Specifications for Contract 12 -05 (City-Wide Inflow and Infiltration Mitigation — Sanitary Sewer Improvements) W. It was recommended to approve Plans & Specifications for Contract 12 -06 (City-Wide Stormwater & Water Quality Ponds — Sediment Removal & Outlet Improvements) X. It was recommended to approve Plans & Specifications for Contract 12 -07 (City-Wide Sanitary Sewer Lining — Sanitary Sewer Improvements) Y. It was recommended to adopt Findings and Deny Drainage & Utility Easement Vacation Request — Ballantrae Apartments Z. It was recommended to approve Agreement with the National Intergovernmental Purchasing Alliance Company PUBLIC HEARINGS MULTIPLE VARIANCES — TED ANDERSON City Administrator Hedges introduced the item regarding multiple variances for property located at 3105 Sibley Memorial Highway and stated the applicant has requested a continuance to the March 6, 2012 regular City Council meeting. Mayor Maguire opened the Public Hearing and Councilmember Tilley moved, Councilmember Bakken seconded a motion to continue the hearing for property located at 3105 Sibley Memorial Highway to the March 6, 2012 regular City Council meeting. Aye: 5 Nay: 0 City Council Meeting Minutes February 8, 2012 3 page PROJECT 1063 (CHATTERTON PONDS — STREET OVERLAY) City Administrator Hedges introduced the item regarding Project 1063, Chatterton Ponds street improvements. Director of Public Works Colbert gave an overview of the City's pavement management program. Assistant City Engineer Gorder provided an overview of the feasibility study and proposed improvements. Mayor Maguire opened the public hearing. There being no comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve Project 1063, Chatterton Ponds street improvements as presented and authorize the preparation of detailed plans and specification. Aye: 5 Nay: 0 PROJECT 1064 (HILLS OF STONEBRIDGE 2ND & 3' — STREET OVERLAY) City Administrator Hedges introduced the item regarding Project 1064, the Hills of Stonebridge 2 nd and 3 rd Additions street improvements. Assistant City Engineer Gorder provided an overview of the feasibility study and proposed improvements. Mayor Maguire opened the public hearing and noted that Council member Bakken excused himself from this hearing given that his property would be assessed under the project. Steve Debaun, 4081 Foxmoore Court, spoke to the Council noting his disagreement with the City's policy in having property owners pay a portion of street improvements. Chester Harrison, 4021 Camberwell Drive N., addressed the Council regarding several concerns including sod replacement for City repairs on residential property, drainage pond issues, and financing specials assessments. Councilmembers and staff discussed the City's philosophy in the development of the pavement management program by assessing homeowners a portion of the cost for street improvements. They further discussed policies adopted by neighboring communities. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve Project 1064, Hills of Stonebridge 2 and 3rd Additions, street improvements as presented and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0 (Councilmember Bakken abstained) PROJECT 1067 (HAWTHORNE WOODS — STREET OVERLAY) City Administrator Hedges introduced the item regarding Project 1067, Hawthorne Woods street improvements. Assistant City Engineer Gorder provided an overview of the feasibility study and proposed improvements. Mayor Maguire opened the public hearing. There being no comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve Project 1067, Hawthorne Woods street improvements, as presented and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0 (Councilmember Bakken absent) PROJECT 1077 (NORTHVIEW PARK ROAD / BRADDOCK TRAIL / ELRENE ROAD — STREET OVERLAY) City Administrator Hedges introduced the item regarding Project 1077, Northview Park Road, Braddock Trail and Elrene Road street improvements. Assistant City Engineer Gorder provided an overview of the feasibility study and proposed improvements. Mayor Maguire opened the public hearing. There being no comment, he turned the discussion back to the Council. City Council Meeting Minutes February 8, 2012 4 page Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve Project 1077, Northview Park Road, Braddock Trail and Elrene Road street improvements, as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 1068 (LEXINGTON POINTE 1 & 2 — STREET OVERLAY) City Administrator Hedges introduced the item regarding Project 1068, Lexington Pointe 1 and 2 Additions street improvements. Assistant City Engineer Gorder provided an overview of the feasibility study and proposed improvements. Mayor Maguire opened the public hearing. David Heinz, 4448 Hamilton Drive, addressed the Council regarding his concerns about the quality of roads, condition of a nearby pond, and property damage caused by snow plows. Staff addressed Mr. Heinz's concerns and discussed the quality control mechanisms and specification standards required of a contractor by the City, along with an explanation regarding property damage caused by snowplows and resource suggestion to pond issues. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve Project 1068, Lexington Pointe 1 and 2 Additions street improvements, as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 OLD BUSINESS ORDINANCE AMENDMENT — CITY CODE CHAPTERS 6, 7, 9 & 10 City Administrator Hedges introduced this item regarding ordinance amendments to City Code, Chapters 6, 7, 9 and 10 relating to special event permit processing, transient merchant regulations and the sale of goods on City property or public rights -of -way. City Clerk Scipioni answered pertinent questions by the Council. The City Council and staff discussed the proposed amendments to the City Code. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an ordinance amendment to City Code Chapter 7 adopting a permitting process for parades, athletic events and other special events occurring on City property or public rights -of -way and direct the City Attorney to publish the ordinance amendment summary. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve ordinance amendments to City Code Chapter 6 regarding transient merchant regulations and to City Code Chapters 7, 9 and 10 regarding sale of goods on City property or public rights -of -way. Aye 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a resolution adopting fees in connection with special event permits; a resolution adopting special event permit rules and regulations; and a resolution adopting neighborhood block party rules and regulations. Aye: 5 Nay: 0 The City Council recessed at 8:05 p.m. The City Council reconvened at 8:15 p.m. City Council Meeting Minutes February 8, 2012 5 page NEW BUSINESS REZONING AND FINAL PLANNED DEVELOPMENT — BRADFORD PLACE/LESTER BORDSEN City Administrator introduced the item regarding rezoning and final planned development, rezoning of approximately 1.7 acres from (R -1), single family residential to (PD), planned development and a final planned development to allow a new detached accessory structure located at 733 Bradford Place. City Planner Ridley gave a staff report. Lester Bordsen, applicant, was present and addressed the Council regarding the platting of his property and fees associated with the planned development agreement, noting the additional fees that will be incurred and asked the Council to waive fees associated with the planned development. The City Council discussed the list of fees given to the Council by Mr. Bordsen associated with rezoning and the final planned development. City staff and the City Attorney responded to several Council questions relative to fees. The Council recommended the Finance Committee review the fees and make recommendation to the Council as a whole. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve rezoning of 1.78 acres from single family (R -1) to planned development (PD) for property located at 733 Bradford Place. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a final planned development to allow a new detached accessory structure for property located at 733 Bradford Place, subject to the following conditions. Aye: 5 Nay: 0 1. A written Final Planned Development Agreement shall be executed and recorded with the County Recorder's office. The following exhibits are necessary for the Final PD Agreement. • Final site plan • Final building elevations 2. The planned development allows for the following and further deviations will require an amendment to the planned development. • More than two detached accessory structure (not the exceed three) • Accessory structure in excess of 800 sq. ft. (not to exceed 1,952 sq. ft.) • Accessory structure to exceed the size of the house • An accessory structure in the front yard • An accessory structure that exceeds the wall height requirements 3. A building permit shall be issued prior to commencing construction of the new garage and prior to demolition of the existing garage. 4. The existing detached garage shall be removed prior to construction of the new garage. 5. The proposed garage and roof shall match the existing house in finish materials and colors. 6. The property shall be platted prior to issuance of any building permits. Proof of recording shall be provided before issuance of the building permit. Councilmember Fields moved, Councilmember Tilley seconded a motion to direct the Finance Committee to review the fees associated with the planned development and to make a recommendation to the City Council about said fees. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT — LONE OAK MARKET/TONY DONATELL City Administrator Hedges introduced this item regarding the request for a conditional use permit to allow a temporary grill for seasonal outdoor sales at the Lone Oak Market located at 1286 Lone Oak Road. City Planner Ridley gave a staff report. Tony Donatell, owner of the Lone Oak Market, was present and available for questions by the Council. City Council Meeting Minutes February 8, 2012 6 page Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a conditional use permit to allow a temporary grill for seasonal outdoor sales on property located at 1286 Lone Oak Road, 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. The seasonal sales shall be allowed between June 1 S ` and August 31 each year, not to exceed 90 consecutive days. 3. All structures shall be removed by September 1 each year. 4. Only one seasonal sale or outdoor event shall occur at one time subject to City ordinances. 5. The activity shall occur only within the area designated on the site plan. 6. The site shall be kept in a neat and orderly manner and the grilling shall be contained within the approved area and shall not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. 7. Hours of operation shall be between the hours of 10:30 a.m. and 2:00 p.m. Monday — Friday. 8. Signage shall be subject to City sign code requirements; up to three temporary signs are allowed, but shall not exceed a total area of 25 sq. ft. 9. The applicant shall maintain a MN Department of Health Food License. CONDITIONAL USE PERMIT — LOST SPUR/STEVE WHILLOCK City Administrator Hedges introduced the item regarding a request for a conditional use permit to allow a pylon sign with dynamic display at the Lost Spur located at 2750 Sibley Memorial Highway. City Planner Ridley gave a staff report. A representative of the sign company was present and available for questions by the Council. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve a conditional use permit to allow a pylon sign with a dynamic display on property located at 2750 Sibley Memorial Highway, 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 by the City Council. 2. An administrative sign permit shall be obtained from the City prior to installation of the pylon sign. 3. The existing monument sign shall be removed prior to installation of the pylon sign. 4. The pylon sign shall be setback a minimum of 10 ft. from all property lines. 5. The pylon sign shall be located as indicated on the site plan received December 21, 2011. 6. The pylon sign shall not exceed the dimensions as indicated on the sign exhibit dated January 6, 2012. 7. The pylon sign shall comply with all sign code requirements. 8. Landscaping shall be restored to the current condition by June 1, 2012. PLANNED DEVELOPMENT AMENDMENT — PANERA BREAD/TONY DISANZA City Administrator Hedges introduced the item regarding a planned development amendment to allow drive - through service and modifications to the Panera Bread building and stated the applicant has requested this item be continued to the February 21, 2012 City Council meeting. Mayor Maguire moved, Councilmember Fields seconded a motion to continue consideration of the application for a PD amendment for Panera Bread to the February 21, 2012 City Council agenda. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT — CENTRAL PARK COMMONS2 CSM, INC./THOMAS PALMQUIST City Administrator Hedges introduced the item regarding a comprehensive guide plan amendment to change the land use designation of 6.2 acres from SA -MO, special area -major office to SA -RC, special area- retail commercial for Central Park Commons2 located at 3333 Pilot Knob Road. City Planner Ridley gave a staff report. City Council Meeting Minutes February 8, 2012 7 page Tom Palmquist, representing CSM, Inc., was present to answer questions of the Council. The City Council briefly discussed the request from CSM requesting a change in land use designation from SA- major office to SA- retail commercial and noted that their action was not to approve the amendment at this time. Councilmember Fields moved, Councilmember Bakken seconded a motion to direct staff to submit to the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation from Special Area — Major Office, to Special Area — Retail Commercial upon approximately 6.2 acres located in the northwest portion of a 47.4 acre site located at 3333 Pilot Knob Road, legally described as Lot 1, Block 1, Unisys Park 2nd Addition and part of Lot 2, Block 1, Unisys Park 2 Addition lying southerly and easterly of Central Parkway. Aye: 5 Nay: 0 Councilmember Hansen moved, Councilmember Tilley seconded a motion to waive the adjacent community 60- day review and comment period for the Comprehensive Plan Amendment. Aye: 5 Nay: 0 ORDINANCE AMENDMENT — CITY OF EAGAN / AMUSEMENT DEVICES City Administrator Hedges introduced the item regarding an ordinance amendment to Chapter 11, Section 11.30 and 11.60 relating to amusement devices and stated this item is being asked to be continued to the February 21, 2012 City Council agenda. Mayor Maguire moved, Councilmember Tilley seconded a motion to continue the ordinance amendment to City Code Chapter 11, Sections 11.30 to 11.60 regarding amusement devices to the February 21, 2012 City Council agenda. Aye: 5 Nay: 0 LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE There were no items at this time. ADMINISTRATIVE AGENDA There were no items at this time. VISITORS TO BE HEARD There were no visitors to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 9:10 p.m. Aye: 5 Nay: 0 Date in it t vt - Mayor CM City Clerk