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10/01/2013 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota OCTOBER 1, 2013 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire and Councilmembers Bakken, Fields, Hansen and Tilley. A regular meeting of the Eagan City Council was held on Tuesday, October 1, 2013 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 Osberg, Director of Communications Garrison, Director of Finance Pepper, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Fire Chief Scott, Police Chief McDonald and Executive Assistant Stevenson. AGENDA Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions or presentations to be heard. CONSENT AGENDA The Council requested Consent items L and S be pulled for further discussion and separate voting. Councilmember Bakken moved, Councilmember Hansen seconded a motion to the Consent Agenda as presented: Aye:5 Nay:0 A. It was recommended to approve the minutes of September 10, 2013 Special City Council Meeting and the minutes of September 17, 2013 regular City Council meeting as presented. B. Personnel Items 1. It was recommended to approve the promotion of Denice Muccio -Grout to Utility Billing & Special Assessments Specialist and authorize the replacement of her former position as PT Receptionist/ Clerical Technician II in Administrative Services. 2. It was recommended to authorize the hiring of a part -time Temporary Receptionist/ Clerical Technician II in Administrative Services. 3. It was recommended to approve the hiring of the Temporary FT Clerical Technician in Community Development. 4. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation. C. It was recommended to approve check registers dated September 13 and 20, 2013. D. It was recommended to approve the replacement of three rooftop units on the City Hall /Police building that were damaged in the August 6 storm and amend the five year General Facility Renewal & Replacement CIP. E. It was recommended to receive Final Assessment Report for Project No. 1116 — Duckwood Crossings (Crestridge Drive) - Street Improvements and Schedule Public Hearing for November 4, 2013. City Council Meeting Minutes October 1, 2013 2 page F. It was recommended to receive Final Assessment Report for Project No. 1109— Ridgehaven Acres /Rustic Hills /Skyline - Street Improvements and Schedule Public Hearing for November 4, 2013. G. It was recommended to receive Final Assessment Report for Project No. 1106 — Blackhawk Glen /Blackhawk Ridge - Street Improvements and Schedule Public Hearing for November 4, 2013. H. It was recommended to receive Final Assessment Report for Project No. 1115 —Wescott Hills /The Woodlands North /Trails End —Street Improvements and Schedule Public Hearing for November 4, 2013. I. It was recommended to receive Final Assessment Report for Project No. 1111— Great Oaks — Street Improvements and Schedule Public Hearing for November 4, 2013. J. It was recommended to approve an Amendment to Assessment /Easement Agreement with Cedarvale Business Center for Project 888 — Cedar Grove Parkway —Trail and Lighting Improvements. K. It was recommended to approve a Joint Powers Agreement with Dakota County Transportation Department, City Project No. 971 - Duckwood Drive Overpass, Pilot Knob Road to Federal Drive —Street and Utility Improvements. L. Item pulled M. It was recommended to award the contract for Contractual Snow & Ice Control Services. N. It was recommended to approve an Amendment to Water Quality Cost -Share Partnership Program with All Saints Lutheran Church — Parking Lot Biofiltration. 0. It was recommended to approve Change Order No. 2, City Contract No. 13 -12, Cedar Grove Parkway Trail & Lighting Improvements. P. It was recommended to approve Final Payment, City Contract No.13 -02, Citywide Street Improvements. Q. It was recommended to approve Final Payment, City Contract No. 13 -17, 1 &1 Manhole Sealing. R. It was recommended to approve Final Plat for Cedar Grove 3rd Addition. S. Item pulled T. It was recommended to approve an Exempt Permit for Caring Souls to hold a raffle on December 31, 2013 at 2956 Center Court. U. It was recommended to approve a Premise Permit for the Eagan Lions to lawful gambling at La Fonda de los Lobos, 3665 Sibley Memorial Highway. V. It was recommended to approve an Exempt Permit for Moms & Neighbors, Inc. to hold a raffle on November 8, 2013 at 4185 South Robert Trail. Mayor Maguire noted Items L. Approve Vacation of Public Drainage & Utility Easements — Lot 1, Block 1, Parkview Golf Club and Item S. Approve Final Subdivision and Final Planned Development for Dakota Path and IMPLEMENT Comprehensive Guide Plan Amendment for Lot 1, Block 4 have been pulled for further discussion and provided clarification of what each item was requesting for approval. City Administrator Osberg introduced item S noting the Council is asked to consider for approval a Final Planned Development, a Final Subdivision, and a Comprehensive Guide Plan Amendment. City Planner Ridley gave an overview of the process required for a final planned development and final subdivision. City Attorney Dougherty addressed questions surrounding the final improvement for Dakota Path and the tree located on the easement vacation for Parkview Golf Club and the issue of the sanitary sewer connection. City Council Meeting Minutes October 1, 2013 3 page The Council discussed directional drilling as an option to preserve the tree. Ron Mullenbach, representing D.R. Horton, provided some context on the issues of directional boring and provided an estimated cost. Mr. Mullenbach noted D.R. Horton is aware of other commitments that may have been made by Hunter Emerson and are willing to work independently with the property owners at the appropriate time. He indicated that D.R. Horton wants to be a good neighbor and, where at all possible, will try to accommodate those requests. Mayor Maguire asked if D.R. Horton has an interest in doing the directional drilling. Mr. Mullenbach indicated they are not opposed to it, but are concerned with the cost and suggested all parties get together to discuss the financial responsibility. Mayor Maguire opened the meeting for public comment. The following Eagan residents addressed the Council with questions and /or concerns about commitments made by the previous developer and possible options to preserve the tree on Mr. Poppler's property: Kathleen Brown, 1386 Camelback Drive, Larry Poppler, 4608 Fairway Hills Drive, Amy Cutter, 4680 Fairway Hills Drive, Mark Skweres, 4616 Fairway Hills Drive, Debbie Hager, 4648 Fairway Hills, and Joe Miller, 4640 Fairway Hills Drive. Mayor Maguire asked staff to respond to all questions and concerns presented by the residents. City Administrator Osberg and City staff responded to all of the questions raised by residents during the public testimony. The Council discussed the issues. After further discussion, it was the consensus of the Council to defer the directional drilling to preserve the tree to a future Public Works Committee Meeting. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the vacation of public drainage and utility easements located on Lot 1, Block 1, Parkview Golf Club, and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Final Planned Development upon approximately 79 acres located south of Cliff Road and east of Pilot Knob Road. Aye: 5 Nay:0 Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Final Subdivision (Dakota Path) to create 57 lots and 6 outlots upon approximately 80 acres located south of Cliff Road and east of Pilot Knob Road with addition of the following condition: Aye: 5 Nay: 0 As stated by the developer directional boring shall be done for the connection to the sanitary sewer easement through the Poppler property to Fairway Hills Drive. The City at its discretion may reimburse the developer on completion thereof in an amount to be negotiated. Plans for the boring and connection shall be submitted by the developer and approved by the City prior to installation. Councilmember Fields moved, Councilmember Bakken seconded a motion to implement a Comprehensive Guide Plan Amendment changing the land use designation from LD (Low Density) to QP (quasi - Public for 0.48 acres located south of Cliff Road between Fairway Hills Drive and Parkcliff Drive, proposed as Lot 1, Block 4, Dakota Path. Aye: 5 Nay: 0 City Council Meeting Minutes October 1, 2013 4 page The Council took a 10 minute break. PUBLIC HEARINGS FINAL ASSESSMENT HEARING PROJECT NO. 1110 — WILDERNESS RUN 2ND —4 TH — STREET IMPROVEMENTS City Administrator Osberg introduced the item noting Project 1110 provided street improvements on the residential streets of Wilderness Run 2 °d — 4t" Additions in south central Eagan. Director of Public Works Matthys gave a staff report noting a written objection was received from David Hines. Mayor Maguire opened the public hearing. David Hines, 4395 Nybro Circle, addressed the Council noting his objection with the assessment for the street improvements on Nybro Circle. There being no further public comment, he turned discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Final Assessment Roll for Project 1110 (Wilderness Run Second - Fourth Additions — Street Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 The Council discussed the issue. After further discussion, it was the consensus of the Council to defer Mr. Hines concerns about the street improvements as related to his driveway to a future Public Works Committee meeting. PROJECT NO. 1107 — PARK CENTER DRIVE STREET IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Osberg introduced the item noting Project 1107 provided street improvements on Park Center Drive, a commercial /residential street in southwest Eagan. Director of Public Works Matthys gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 1107 (Park Center Drive —Street improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT NO. 1029 — SOUTH OAKS STREET IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Osberg introduced the item noting Project 1029 provided street improvements for the residential streets of South Oaks, a neighborhood in southeast Eagan. Director of Public Works Matthys gave a staff report. City Council Meeting Minutes October 1, 2013 5 page Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 1029 (South Oaks —Street Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT NO. 1098 — WEXFORD /WEXFORD 2nd ADDITIONS STREET IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Osberg introduced the item noting Project 1098 provided street improvements for the residential streets of Wexford and Wexford 2 d in central Eagan. Director of Public Works Matthys gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 1098 (Wexford /Wexford 2nd —Street Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT NO. 1117 — MANOR LAKE /LAKEVIEW TRAIL STREET IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Osberg introduced the item noting Project 1117 provided street improvements on Manor Lake and Lakeview Trail neighborhood residential streets in south east Eagan. Director of Public Works Matthys gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 1117 (Manor Lake /Lakeview Trail — Street Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT NO. 1065 — LEXINGTON WAY STREET IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Osberg introduced the item noting Project 1065 provided street improvements on Lexington Way, a mixed use street in central Eagan. Director of Public Works Matthys gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. City Council Meeting Minutes October 1, 2013 6 page Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 1065 (Lexington Way — Street Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 There was no old business to be heard. OLD BUSINESS NEW BUSINESS CONDITIONAL USE PERMIT AND VARIANCES— CARIBOU COFFEE City Administrator Osberg introduced the item noting the Council is being asked to consider three action items to approve a Conditional Use Permit to allow a drive through, a Variance to parking stall width and a Variance to reduce the number of required parking stalls for the property located at 1380 Duckwood Drive. City Planner Ridley gave a staff report noting the APC typically does not take action on Variances unless they are part of another request, such as this situation. The Variances were recommended for approval on split votes as the APC toiled with the "practical difficulty" Variance language in the City Code. The APC asked if parking stall standards could be discussed by the commission at a later date. Ridley noted additional discussion occurred regarding creation of a bypass lane to allow customers to circulate behind the building and exit onto Duckwood Drive. A revised Site Plan was prepared and received. Todd Geller representative of the property owner provided background information and an overview of the request and was available for questions. A representative of Caribou was available for questions. The Council discussed the proposed stall widths. Mr. Geller explained if they went to all 9' 6" foot stalls in the front of the building and 10 foot 90 degree stalls on the back parking stalls they would lose an additional four stalls. As proposed, the site would be four stalls short of the Code requirement. After more discussion, the Council was in agreement that all stalls shall be striped to be no less than 9' 6" wide with the understanding that the site would be eight stalls short. Mayor Maguire noted the City Code should match what the industry is using for parking stalls and deferred parking stall standards to be discussed at a future Advisory Planning Commission meeting. Councilmember Fields agreed with the Mayor but stated her preference for wider stalls due to the popularity of larger SUV's. Mayor Maguire noted he had a few concerns: 1) the back of the building receiving deliveries and the through traffic, and 2) the fire lane in the front of the building. Mr. Geller responded to the Mayor's concerns. City Council Meeting Minutes October 1, 2013 7 page Mayor Maguire asked if anyone in the audience would like to comment on the amendment. There being no public comment, he turned discussion back to the Council. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit (CUP) to allow a drive through for property located at 1380 Duckwood Drive, subject to the following conditions as amended: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council with the following exhibit: e Site Plan received September 5, 2013 2. A 10 foot clearance shall be maintained around fire hydrants, specifically near the drive through directional signage at the entrance of the drive through lane. 3. The drive through awning and clearance bar shall be a minimum of 13'6" in height and noted as such on the Clearance Bar sign. 4. All signage shall be subject to compliance with City Code standards and a Sign Permit is required prior to installation of any new signs. 5. The Fire Lane shall be striped and signed per the Site plan received September 5, 2013. The applicant shall install "No Parking Fire Lane" signs with spacing to be every 100 feet apart, in a form acceptable to the City Fire Marshal. This shall be completed by May 1, 2014. 6. Trash and recycling receptacles shall be kept inside the building or within an enclosure constructed according to City Code standards. 7. Any dead or diseased plants shall be replaced in accordance with the City Code by June 1, 2014. 8. A 20 foot clear zone with surmountable curb between the parking lot and drive aisle shall be designed for emergency vehicle access only, as shown on the Site Plan received September 5, 2013. 9. The rear of the building shall include a painted lane delineating through traffic and a painted area delineating loading areas adjacent to the building. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Variance to parking stall width for the property located at 1380 Duckwood Drive, subject to the following conditions as amended: Aye: 5 Nay: 0 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. All parking stalls shall be striped at no less than 9' 6" in width and depicted on a revised Site Plan submitted prior to any permits being issued and the work shall be completed by May 1, 2014. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Variance to reduce the number of required parking stalls for the property located at 1380 Duckwood Drive, by no more than eight stalls to be shown on a revised Site Plan, subject to the following conditions as amended: 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. City Council Meeting Minutes October 1, 2013 8 page The revised parking lot layout shall be depicted on a revised Site Plan to be submitted prior to any permits being issued. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative /intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA COUNCIL Mayor Maguire noted City Administrator Osberg recently moved to Eagan and welcomed him as a new resident. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 11:07 p.m. Aye: 4 Nay: 0 Date Mayor City Clerk