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12/03/2007 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota December 3, 2007 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Carlson, Tilley and Bakken. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Monday, December 3, 2007 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Carlson, Fields, Tilley and Bakken. 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 Pepper. AGENDA Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS A presentation was made by Dan Gage, Vice President of the Minnesota Chapter of the American Public Works Association, regarding awards recently presented to Tom Struve Superintendent of Streets, Equipment and Resources; Tom Streefland, Chief Mechanic/Shop Supervisor; and Tom Colbert, Public Works Director. CONSENT AGENDA Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the consent agenda as amended. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the November 20, 2007 regular City Council meeting, as presented. B. Personnel Items. 1. It was recommended to approve the selection of a Life, Accidental Death and Dismemberment and Long Term Disability insurance vendor. C. Check Registers. It was recommended to ratify the check registers dated November 22 and November 29, 2007 as presented. D. Resignation. It was recommended to accept the resignation of Maggie Jensen from the Eagan Airport Relations Commission (ARC). E. Liquor License Renewals. It was recommended to approve the renewals of existing liquor licenses for 2008. F. Tobacco License Renewals. It was recommended to approve the renewal of tobacco licenses for 2008. G. Trash Hauler License Renewals. It was recommended to approve the renewal of trash hauler licenses for 2008. H. Tree Contractor License Renewals. It was recommended to approve the renewal of tree contractor licenses for 2008. I. Pet Shop License Renewals. It was recommended to approve the renewal of pet shop licenses for 2008. J. Kennel License Renewals. It was recommended to approve the renewal of kennel licenses for 2008. K. Pigeon License Renewal. It was recommended to approve the renewal of a license to harbor carrier, homing, and racing pigeons for Eric Drenckhahn, 2811 Pilot Knob Road. L. Removed. M. Exempt Permit. It was recommended to approve an application for an Exempt Permit for Faithful 07-52 Shepherd Catholic School. N. Project 719. It was recommended to approve an agreement for Final Engineering and Right of Way Acquisition for Project 719 (Diffley Road/Rahn Road and Diffley Road/Blackhawk Road intersection improvements and trail construction with Dakota County Transportation Department and authorize the Mayor and City Clerk to execute all related documents. Eagan City Council Meeting Minutes December 3, 2007 Page 2 O. Contract 07-04. It was recommended to approve Change Order No. 2 for Contract 07-04 (Boulder Lakes ? Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. P. Contract 06-05. It was recommended to approve Change Order No. 2 to Contract 06-05 Blackhawk Road/Galaxie Avenue & Cliff Road intersection improvements and authorize the Mayor and City Clerk to execute all related documents. Q. Grant. It was recommended to authorize the application of a grant from the Metropolitan Regional Arts Council for a collaborative arts event with Caponi Art Park, City of Eagan Parks & Recreation and area businesses. R. Ordinance Amendment. It was recommended to direct staff to initiate an Ordinance Amendment to Chapter 11, specifically as it relates to the Sign Ordinance and the list of permitted off-premise signs. S. Extension for recording final plat. It was recommended to approve a 90-day extension of time to record the final plat for Red Pine Crossing, located south of Red pine Lane and east of Hwy. 3 in the SE ¼ of Section 36. T. Contract 07-05. It was recommended to approve Change Order No. 1 to Contract 07-05 (Roof Repairs) and authorize the Mayor and City Clerk to execute all related documents. PUBLIC HEARINGS PROPOSED BUDGET AND PROPERTY TAX LEVY FOR 2008 TRUTH IN TAXATION HEARING City Administrator Hedges, Director of Administrative Services VanOverbeke, and Chief Financial Officer Pepper made a presentation regarding the proposed budget and property tax levy for 2008. Mayor Maguire opened the public hearing. Joe Bari commended the Council and staff for their work on the proposed budget and levy. He questioned why residents who live on private streets continue to pay taxes for snow plowing. Staff addressed his concerns. There being no further public comment, Mayor Maguire closed the public hearing and turned discussion back to the City Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to set the 2008 General Levy and General Fund Budget considerations for the December 18 City Council meeting. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to set the 2008 Cedarvale Special Services District (SSD) levy and budget considerations for the December 18 City Council meeting. Aye: 5 Nay: 0 OLD BUSINESS There were no items of old business. NEW BUSINESS REZONING, PRELIMINARY PLANNED DEVELOPMENT AND FINAL PLAT DAKOTA COUNTY CDA (EAGAN YOUTH HOUSING) City Administrator Hedges introduced this item regarding a rezoning from CGD, Cedar Grove District, to PD, Planned Development; a preliminary planned development for a 3-story 25-unit supportive youth housing apartment; and a final plat of approximately 0.78 acres located on the NE corner of Cedar Grove Parkway and Gold Trail. City Planner Ridley gave a staff report. Mark Ulfers, Executive Director of the Community Development Agency, discussed the plans for the youth housing apartment project. Eagan City Council Meeting Minutes December 3, 2007 Page 3 Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Rezoning from CGD, Cedar Grove District, to PD, Planned Development, for approximately 0.78 acres located on the NE corner of Cedar Grove Parkway and Gold Trail in the NE ¼ of Section 19. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Preliminary Planned Development for a 3-story 25 unit supportive youth housing apartment upon approximately 0.78 acres located on the NE corner of Cedar Grove Parkway and Gold Trail in the NE ¼ of Section 19, subject to the following conditions: 1. The property shall be platted. 2. Setbacks shall be as depicted on the approved Site Plan. 3. With the application for Final Planned Development, the architect shall verify that he primary materials (brick and glass) comprise at least 60% of the building façade and that the fiber cement siding does not exceed 30% of the building façade. 4. The developer shall provide the colors for the exterior materials to the City to be incorporated into the final pans for the Final Planned Development. 5. Consistent interior window treatments shall be provided for windows that are visible from a public street or open space. 6. Trash storage shall be inside the principle building. 7. Parking shall be provided as depicted on the approved Site Plan. 8. The combination of outdoor and indoor recreation space on the subject site and the core area common open space shall adequately address the recreation space requirement. 9. The Landscape Plan shall be modified to utilize a different species of shrub with a mature height of approximately 3 feet for screening of the parking lot from Gold Trail. 10. A lighting plan for the interior parking area that complies with the photometric standards in the CGD ordinance shall be submitted with the application for Final Planned Development. 11. All mechanical equipment shall be completely screened from the ground-level view of adjacent properties and public streets, or designed to be compatible with the architectural treatment of the principal building. Compliance with this provision shall be demonstrated with the application for Final Planned Development. 12. A 6? concrete sidewalk shall be provided along Gold Trail, with an 8-foot boulevard between the trail and the curb. 13. Public Right-of-way shall be dedicated along both Gold Trail and Cedar Grove Parkway along a line adjacent to and 15 feet from the north curb line of Gold Trail and the west curb line of Cedar Grove Parkway, to provide for the public maintenance of the trails and sidewalks along those streets. 14. This development shall dedicate drainage and utility easements where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 15. All public trails, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 16. This development shall be subject to Policies 3.1, 3.2, 3.3 and 3.4 of the City of Eagan?s Water Quality and Wetland Management Plan. 17. The applicant shall protect the preserved tree?s critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 18. The applicant shall schedule a site meeting with the City of Eagan Supervisor of Forestry to finalize plans for transplanting trees to Woodhaven Park. 19. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 20. This proposal shall be subject to a cash parks dedication with credit towards the unit count being given for the three residential units removed from the properties. Park dedication shall be payable at the time of building permit at the rates then in effect. Eagan City Council Meeting Minutes December 3, 2007 Page 4 21. This development shall be subject to a cash trails dedication, payable at the time of building permit at the rates then in effect. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Final Plat of approximately 0.78 acres located on the NE corner of Cedar Grove Parkway and Gold Trail in the NE ¼ of Section 19. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT - CITY OF EAGAN MUNICIPAL SIGN City Administrator Hedges introduced this item regarding a conditional use permit to allow a pylon sign located at 3830 Pilot Knob Road and 1360 Civic Center Drive. City Planner Ridley gave a staff report. Councilmembers held a brief discussion. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to allow a pylon sign located at 3830 Pilot Knob Road and 1360 Civic Center Drive on Lots 1 & 3, Ted Wachter Addition in the NW ¼ of Section 22, subject to the following conditions: 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? from all property lines. 5. The pylon sign shall be located as indicated on the site plan received November 14, 2007. The pylon sign shall not exceed the dimensions as indicated on the sign exhibit dated October 30, 2007. 6. The pylon sign shall not exceed the dimensions as indicated on the sign exhibit dated October 30, 2007. 7. The City must request a lot combination from the County to combine Lots 1 and 3, Ted Wachter Addition. 8. The pylon sign shall comply with all Sign Code requirements. ORDINANCE AMENDMENT ? CITY OF EAGAN City Administrator Hedges introduced this item regarding an Ordinance Amendment to Chapters 5, 6, and 11, as it relates to spacing requirements between certain land uses. City Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve an Ordinance Amendment to Chapters 5, 6, and 11, as it relates to spacing requirements between certain land uses and direct the City Attorney to prepare and submit the amendment to the legal newspaper for publication. Aye: 5 Nay: 0 ORDINANCE AMENDMENT ? CITY OF EAGAN City Administrator Hedges discussed this item regarding an Ordinance Amendment to Chapter 6.35, Subdivision 3 to require background investigations for lawful gambling applications. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve an Ordinance Amendment to Chapter 6.35, Subdivision 3 of the Eagan City Code to require background investigations for lawful gambling applications. Aye: 5 Nay: 0 ORDINANCE AMENDMENT ? CITY OF EAGAN City Administrator Hedges discussed this item regarding an Ordinance Amendment to Chapter 6.34, Subdivision 13 to require background investigations for tobacco license applications. Eagan City Council Meeting Minutes December 3, 2007 Page 5 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve an Ordinance Amendment to Chapter 6.34, Subdivision 13 of the Eagan City Code to require background investigations for tobacco license applications. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE CHARTER COMMISSION UPDATE Mayor Maguire provided an update regarding a meeting held with Representative Simon concerning statewide charter commission legislative reform. Councilmember Bakken discussed the appointment process of the Eagan Charter Commission and circumstances that presently exist that allow for the appointment of members to the Charter Commission by the City Council. After discussion by Councilmembers, staff was directed to proceed with a process to appoint eight members to the Charter Commission by early to mid January, 2008. ADMINISTRATIVE AGENDA There were no items. VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Fields moved, Councilmember Bakken seconded a motion to adjourn the meeting at 8:45 p.m. _______________________________ ___________________________________ 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.