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06/06/2006 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota June 6, 2006 A Listening Session was held prior to the regular City Council meeting at 6:00 p.m. in the Eagan Room. Present were Mayor Geagan, Councilmembers Fields, Maguire, Carlson and Tilley. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on May 16, 2006 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, Public Works Director Tom Colbert, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS CONSENT AGENDA Councilmember Maguire pulled items D, E, and I for discussion. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the balance of the consent agenda. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the May 9, 2006 special City Council meeting . and the May 16, 2006 regular City Council meeting as presented B. Personnel Items. 1. It was recommended to appoint Deputy Chief McDonald as Acting Chief of Police effective May 27, 2006. 2. It was recommended to approve the hiring of Natalie Jones and Emily Thorkildson as part-time seasonal recreation leaders. 3. It was recommended to approve the hiring of Michelle Finlon, Kelley Hammond, Elizabeth Anderson, Andrew Johnson and Laura Farlee as part-time seasonal recreation assistants. 4. It was recommended to approve the hiring of Judith Forde, Jackie Carlson, Joan Rodgers, Pamela Clarke-Garcia and Barb Mason as part-time seasonal preschool teachers. 5. It was recommended to approve the hiring of Sandy Kukulski as a part-time seasonal preschool assistant. 6. It was recommended to approve the hiring of Amber Geske as a part-time seasonal puppet wagon site coordinator. 7. It was recommended to approve the hiring of Jeffrey Brooker, Elise Chell, Gordon Dentinger, Tim Dornseif, Patrick Flannigan, Stephen Foertsch, Jesse Guillette, Christopher Hoffman, Brian Hopkins, Micharl Hopkins, Tori Johnson, Cassy Lenz, Jake Loesch, Peter McIlhon, Nicolas Mestad, Brina Meyers, Steve Nelson, Tricia Nutters, Brian Polkowski, Bryon Seppamaki, Daniel Streefland, Matthew Steele, Aaron Vermer, Tyler VonDelinde, David Jungers, Marcia Weitzel, Jacob Loesch, Robert Rausch, Andrew Koppang, Megan Grouws, Luke Selby, Richard Lemay, Adam Nelson, Frank Kocer, Joseph Carchedi, Kevin Stevenson, Ryan Newmann, Kevin Weber, Jacob Krinhop, Geoff Cleveland, David Streefland and Lindsey Carlson as seasonal parks maintenance workers. 8. It was recommended to approve the hiring of Michael Graves, David Tripp, Alec Graham, William Boyd and Matt Smith as seasonal utilities maintenance workers. 9. It was recommended to approve the hiring of Catherine Ayers, Brandon Hughson and Tyler Olson as seasonal GIS interns in Utilities. 10. It was recommended to approve revisions to the Leave of Absence Policy as presented. Eagan City Council Meeting Minutes June 6, 2006 Page 2 11. It was recommended to approve the RFP for Health Insurance Coverage for 2007 as presented. C. Check Registers. It was recommended to ratify the check registers dated May 18, 2006, May 25, 2006 and June 1, 2006 as presented. D. Pulled for discussion. Parade Permit. E. Pulled for discussion. Shows License. F. Amusement Device License. It was recommended to approve an Amusement Device License for Namco Cybertainment, Inc. G. Classification of Tax Forfeited Property. It was recommended to declare the following parcels as non- conservation land: 1. 10-22750-010-00 (Eden Addition Outlot A) nd 2. 10-22451-241-01 (Eagan metro Center 2 Addition Shannon Glen Condo No. 1, Garage #68) H. Off-Sale Liquor License for Black Diamond Liquor, LLC, dba Black Diamond Liquor, 525 Diffley Road, Suite 1030. I. Pulled for Discussion. Temporary 3.2 Percent Malt Liquor License. J. Temporary On-Sale Liquor License. It was recommended to approve a Temporary On-Sale Liquor License for Faithful Shepherd Catholic School and Waive $150 Fee. K. Precinct 5 Polling Place. It was recommended to approve a resolution establishing Mount Calvary 06-21 Lutheran Church, 3930 Rahn Road, as the new polling place for Precinct 5. L. Airport Noise Study. It was recommended to approve the hiring of Orfield Laboratories, Inc. to conduct the second phase of the airport noise study. M. 5 Year Capital Improvement Plan (2007-2011). It was recommended to approve the 5-year Capital Improvement Plan for 2007-2011 and authorize the initiation of the public improvement process for the 2007-programmed improvements. N. Project 934. It was recommended to approve an agreement with Dakota County for Engineering and Construction for Project 934 (Galaxie Avenue/Blackhawk Road at Cliff Road ? Intersection Reconfiguration) and authorize the Mayor and Deputy City Clerk to execute all related documents. O. Project 768. It was recommended to authorize the preparation of detailed plans and specifications for Project 768 (Northwood parkway, Ring-Road Extension ? Bridge and Street Improvements) and the associated contract with SRF Consulting Group, Inc. P. Negotiations for Property Acquisition. It was recommended to authorize negotiations by City staff for acquisition of property located within Yankee Plaza Addition as identified in Eagan Right of Way Map No. 669-2 (Official Map of Duckwood Drive ? Ring Road Concept). Q. Contract 06-02. It was recommended to approve Change Order No. 2 to Contract 06-02 (Citywide ? Street and Sidewalk Improvements) and authorize the Mayor and City Clerk to execute all related documents. R. Airport Relations Commission. It was recommended to appoint ARC alternate Steve Beseke to a one-year term on the ARC to fill the vacancy that resulted from the resignation of ARC member Dan Flanagan. S. Easement Vacation. It was recommended to receive the petition to vacate a portion of public right-of-way (Eagan Woods Drive) within Outlot A, Eagan Woods Office Park Addition and schedule a public hearing to be held on July 5, 2006. T. Rosemount Comprehensive Guide. It was recommended to approve comments to the City of Rosemount regarding the Comprehensive Guide Plan Amendment for properties located on Highway 3. U. Special City Council meetings for July 11 and August 8 cancelled and replaced with special meetings on August 22 and 29. The regular council meeting for September 19 was changed to September 26. D. Parade Permit. Maguire questioned the difference in charges for parade entries. It was noted that State Statute regulates fees for political entries. Council requested that the Lions Club review their policies for future years. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve items D, E, and I. th E. Shows License. Approved a Shows License for the Eagan Lions / July 4 Funfest to hold a carnival, street dance, food vendors and fireworks event on July 3-4, 2006. Eagan City Council Meeting Minutes June 6, 2006 Page 3 I. Temporary Liquor License. Approved the temporary 3.2 percent malt liquor license for the Eagan Lions Club for the Fourth of July celebration (July 3-4, 2006) and waive the $25 license fee. 2005 COMPREHENSIVE ANNUAL FINANCIAL REPORT City Administrator Hedges introduced Matt Mayer of Kern, DeWenter, Viere, Ltd. who made a presentation regarding the 2005 Comprehensive Annual Financial Report. Councilmember Maguire moved, Councilmember Carlson seconded a motion to receive and accept the 2005 Comprehensive Annual Financial Report. Aye: 5 Nay: 0 PUBLIC HEARINGS SOUTHEAST EAGAN REDEVELOPMENT PLAN, TAX INCREMENT FINANCING DISTRICT AND TAX INCREMENT FINANCING PLAN City Administrator Hedges introduced this item regarding a redevelopment plan for Southeast Eagan Redevelopment Project Area No. 1. Community Development Director Hohenstein gave a staff report. Sid Inman, Elhers and Associates, provided an overview of the proposed Tax Increment Financing District. Mayor Geagan opened the public hearing. Betty Fedde, 1662 Norwood Drive, suggested that Council consider if the City can really afford the investment of the proposed TIF district. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Maguire seconded a motion to close the public hearing and direct 06-22 findings of fact to approve a Resolution Adopting a Redevelopment Plan for Southeast Eagan Redevelopment Project Area No. 1, a Resolution Establishing Southeast Eagan Tax Increment Financing District No. 1 therein and a Resolution Adopting a Tax Increment Financing Plan for the District. Aye: 5 Nay: 0 VARIANCE TO EXCEED LOT COVERAGE AT 4387 BENT TREE LAND TODD AND SUSAN JOHNSON City Administrator Hedges introduced this item regarding a request for a Variance to exceed 20 percent lot coverage by 1.26 percent for an addition to the principal structure at 4387 Bent Tree Lane. Community Development Director Hohenstein 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. Aye: 5 Nay: 0 Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Variance from the 20 percent maximum building coverage standard in Residential zoning districts for construction of a 342 square foot nd addition located at 4387 Bent Tree Lane (Lot 3, Block 1, Autumn Ridge 2 Addition) in NE ¼ of Section 25; 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 finish materials and color of the addition shall match the existing principle structure. Eagan City Council Meeting Minutes June 6, 2006 Page 4 3. The addition shall be located as indicated on the site plan dated May 15, 2006. 4. Lot coverage shall not exceed 21.26 percent. VARIANCE City Administrator Hedges introduced this item regarding a request for a 2.5% variance to the maximum 20% lot nd coverage requirement for Lot 11, Block 2, Stoney Point 2 Addition at 1566 Lakeview Curve for the purpose of reconstructing an addition to the home. Community Development Director Hohenstein 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 moved, Councilmember seconded a motion to approve a 2.5% Variance to the maximum 20% lot nd coverage requirement for Lot 11, Block 2, Stoney Point 2 Addition at 1566 Lakeview Curve for the purpose of reconstructing an addition to the home; 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 addition shall not exceed the size shown on the proposed site plan. 3. The exterior materials of the proposed addition shall match the existing structure. PROJECT 778, TH 149 ? STREET UPGRADE City Administrator Hedges introduced this item regarding the Environmental Assessment / Environmental Assessment Worksheet on the street upgrade for Trunk Highway 149. Public Works Director Colbert gave a staff report. Kevin Oglund, SEH, made a presentation highlighting the key staging and scheduling points. Mayor Geagan opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmembers discussed the proposed upgrade. Councilmember Maguire moved, Councilmember Tilley seconded a motion to receive comments and close the public hearing on the Environmental Assessment/Environmental Assessment Worksheet for Project 778 (Trunk Highway 149 ? Street Upgrade). Aye: 5 Nay: 0 PROJECT 938, NICOLS ROAD ? SIDEWALK IMPROVEMENTS (PIN OAK DRIVE TO CLIFF ROAD) City Administrator Hedges introduced this item regarding sidewalk improvements for Project 938, Pin Oak Drive to Cliff Road. Traffic Engineer Tim Plath gave a staff report. Mayor Geagan opened the public hearing. Rick Casper, Casper?s Sirloin Room, discussed pedestrian safety issues in regard to the sidewalk being constructed on the west side of Nichols Road. Phil Stallberger, a signer of the original petition, stated he felt a sidewalk is definitely needed in the area. Eagan City Council Meeting Minutes June 6, 2006 Page 5 There being no further public comment, Mayor Geagan closed the hearing and turned discussion back to the Council. Council consensus was to continue consideration of the sidewalk improvements to allow staff time to include an option for sidewalks on the east side of Nichols Road. Councilmember Carlson moved, Councilmember Maguire seconded a motion to continue consideration of Project 938, (Nicols Road, Pin Oak Drive to Cliff Road Sidewalk Improvements) to July 18, 2006. Aye: 5 Nay: 0 OLD BUSINESS COMPREHENSIVE LAND USE PLAN AMENDMENT ? CITY OF EAGAN City Administrator Hedges introduced this item regarding an amendment to the Comprehensive Guide Plan for approximately 1.3 acres located on Outlot A, Kennealy Addition, from LD ? Low Density to HD ? High Density Residential which was continued from the May 2, 2006 meeting. Community Development Director Hohenstein gave a staff report. After discussion of various options for the property, it was the consensus of the Council to leave the property zoned as Low Density Residential. No action was taken. REPORT REGARDING THE RESOLUTION OF THE BLACKHAWK ROAD-RAPTOR ROAD TRAIL EASEMENT City Administrator Hedges introduced this item regarding the trail easement dispute between the Jacob Ingalls, owner of a single-family lot adjacent to the Greyhawk subdivision and the Greyhawk Townhome Association which was previously discussed at the April 18, 2006 Council meeting. Community Development Director Hohenstein stated that the City Attorney had asked for an update from the parties but no updates have been recieved. Nichole Whipple, President of Homeowners Association stated there has been no progress in resolving the dispute. Councilmember Carlson moved, Councilmember Tilley seconded a motion to proceed with the acquisition of a trail easement at the current trail location through eminent domain. Aye: 5 Nay: 0 WINTER TRAIL MAINTENANCE PROGRAM (2006-2007) City Administrator Hedges introduced this item regarding proposed amendments to the 2006-2007 winter tail maintenance program. Public Works Director Colbert discussed the proposed amendments. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the requested amendments to the Winter Trail Maintenance Program for 2006-2007 except for the portion on the north side of Yankee Doodle Rd from Lexington Avenue to Elrene Road. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT ? MOE?S SOUTHWEST GRILL City Administrator Hedges introduced this item regarding a conditional use permit to allow on-sale beer and wine in conjunction with a restaurant at 1282 Town Centre Drive. Community Development Director Hohenstein gave a staff report. Eagan City Council Meeting Minutes June 6, 2006 Page 6 Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow on-sale beer and wine in conjunction with a restaurant at 1282 Town Centre Drive (Town Centre Shopping nd Center), legally described as Lot 2, Block 1, Town Centre 70 2 Addition, in the NW ¼ of Section 15, subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder?s Office within 60 days of approval. 2. On-sale beer and wine sales shall comply and be operated in accordance with all relevant state laws and regulations. ON-SALE WINE, SUNDAY WINE AND 3.2 PERCENT MALT LIQUOR LICENSE FOR BA-OCK, INC., dba MOE?S SOUTHWEST GRILL, 1281 TOWN CENTRE DRIVE City Administrator Hedges introduced this item regarding a request for a On-Sale Wine, Sunday Wine and 3.2 percent malt liquor license for Moe?s Southwest Grill located at 1281 Town Centre Drive. Community Development Director Hohenstein gave a staff report. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the On-Sale Wine, Sunday Wine and 3.2 percent malt liquor license for BA-OCK, Inc., dba Moe?s Southwest Grill, 1281 Town Centre Drive. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT ? JOE KOHAUT (VIVA ITALIA) City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow an outside dining patio in conjunction with a Class I restaurant (Viva Italia) at 1629 Lena Court. Community Development Director Hohenstein gave a staff report. Craig Kelsner, adjacent property owner, expressed concern over increased noise if tables are allowed outside the building. He requested that if the outdoor tables are allowed that no audio be allowed and access be limited to the side door only and not the back door to help eliminate noise from restaurant staff. The manager of Viva Italia discussed the proposed outside dining patio and parking issues. He indicated that there would be no audio system outdoors and access to the restaurant would be limited to the side door only. Councilmember Carlson moved, Councilmember seconded a motion to approve a Planned Development Amendment to allow an outside dining patio in conjunction with a Class I restaurant at 1629 Lena Court, legally nd described as Lot 1, Block 1, Centennial Ridge 2 Addition, in the NW ¼ of Section 28, subject to the following conditions: Aye: 4 Nay: 1 (Geagan opposed) 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder?s office. 2. Additional parking will be required to be installed if overflow parking goes to public streets, pervious surfaces or other private property. At that time, additional stalls shall be identified from among the proof of parking stalls as identified on the 9/28/04 site plan. To maximize the effectiveness for cross easements for parking, no signs designating parking for particular businesses within the development will be permitted. 3. The operation of the restaurant and outside dining shall comply and be operated in accordance with all relevant state laws and regulations regarding on-sale liquor. 4. The outdoor dining area shall be enclosed with a wrought iron fence and gate, accessible from inside the building. The fence and gate shall be similar to the existing fence on the south side of the building. Eagan City Council Meeting Minutes June 6, 2006 Page 7 5. Patio lighting shall be provided by light caps on the fencing and table-top lights. Details about the light caps and table-top lights shall be provided for incorporation into the PD Amendment Agreement. 6. The awning shall be of a color to blend in with the brick exterior of the building. No signage shall be allowed on the awning. 7. Only seven tables allowed and Outdoor tables are not permitted south of the service door. 8. No audio or music will be allowed outside the building. CONDITIONAL USE PERMIT ? SHAW INDUSTRIES This item was continued to the June 20, 2006 Council meeting with the adoption of the agenda. PRELIMINARY SUBDIVISION (EAGANDALE CENTER INDUSTRIAL PARK NO. 19) LARSON PROPERTIES City Administrator Hedges introduced this item regarding a preliminary subdivision to create two lots upon 3.79 acres located at 3000 Denmark Avenue. Community Development Director Hohenstein gave a staff report. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision to create two lots upon 3.79 acres located at 3000 Denmark Avenue, legally described as Lot 1, Block 2, Eagandale Center Industrial Park No. 9, in the NE ¼ of Section 10, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, and B3, C4, D1, and E1. The property shall be platted. 2. A final Planned Development approval and Agreement will be required prior to development of Lot 1. 3. Should the existing landscaping along Lone Oak Road be removed in the future, the hotel shall install some other landscape materials for screening purposes within the remaining 5? setback area between the parking lot and pubic right-of-way. 4. The pylon sign shall be relocated so that the pylon sign is located on Lot 2 and satisfies the minimum 10-foot setback prior to final subdivision approval. 5. An easement and shared sign agreement that is acceptable to the City Attorney, shall be executed prior to final subdivision approval to ensure the opportunity for both buildings to utilize the pylon sign once Lot 1 develops. 6. A pedestrian trail connection from the development to the sidewalk on Lone Oak Road shall be provided. 7. The developer shall provide evidence of private ingress/egress easement, in a form acceptable to the City Attorney, between Lots 1 and 2 providing for this shared access to Denmark Avenue prior to final subdivision approval. 8. This development shall dedicate public right-of-way along Lone Oak Road and Lexington Avenue, as required by Dakota County. 9. This development shall dedicate restricted access to Dakota County along the entire north and west edges of the plat adjacent to Lone Oak Road and Lexington Avenue. ADMINISTRATIVE AGENDA City Administrator Hedges noted that an Executive Session would be necessary to discuss litigation regarding Kevin Mellon vs. City of Eagan; Diffley Market Place vs City of Eagan; Carriage Hills Update; and a matter concerning EDA for the acquisition of the Lyn Nelson property. Public Works Director Colbert stated Dakota County will host an Open House on Tuesday, June 20, 2006 from 3:30 pm to 6:30 pm in the Atrium of the County?s Western Service Center in Apple Valley to provide citizens an opportunity to learn more about current traffic conditions along the Cedar Ave. corridor and about the Bus Rapid Transit (BRT) system and highway improvements being considered. Eagan City Council Meeting Minutes June 6, 2006 Page 8 th Councilmember Maguire suggested that staff work with the 4 of July Committee on policy changes for parade fees for next year. Councilmember Maguire provided an update from the Public Works Committee ? Window Signage Task Force Committee, stating that recommendations will be forwarded to the Advisory Planning Commission and a Council workshop. VISITORS TO BE HEARD Barb and Ron Miller provided Council with a list of possible ordinance violations by Richfield Blacktop located at 3206 Sibley Memorial Highway, adjacent to their property. They discussed their concerns regarding noise and fumes from the property. They requested that the Conditional Use Permit for the property be reviewed. Council directed staff to investigate the possible ordinance violations. Councilmember Fields moved, Councilmember Maguire seconded a motion to adjourn the regular City Council meeting at 10:25 p.m. Aye: 5 Nay: 0 _______________________________ ___________________________________ Date Administrative Secretary / 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.