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06/05/2007 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota June 5, 2007 A Listening Session was held at 6:00 p.m. in the Eagan Room prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Carlson, Tilley and Bakken. A regular meeting of the Eagan City Council was held on June 5, 2007 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Carlson, Tilley and Bakken. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom Colbert; City Attorney Michael Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS There were no recognitions and presentations. CONSENT AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the consent agenda as presented. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the May 15, 2007 regular City Council meeting and the May 8, 2007 special City Council meeting as presented. B. Personnel Items. 1. It was recommended to accept the letter of retirement from Jan Severson, Office Supervisor in Community Development, and acknowledged Jan for 24 years of service to the City of Eagan. 2. It was recommended to approve the hiring of Jeremy Klein as Support Services Manager in the Police Department. 3. It was recommended to acknowledge the hiring of Josuah Berndtson as overnight custodian at the Community Center. (approval previously given) 4. It was recommended to approve the hiring of Jeffrey Brooker as a streets maintenance worker 5. It was recommended to approve the hiring of Zach Stegenga as a Finance Intern 6. It was recommended to approve the hiring of Alec Graham, Matt Smith, Matt Selby and Michael Graves as seasonal utilities maintenance workers. C. Check Registers. It was recommended to ratify the check registers dated May 17, 2007, May 24, 2007, and May 31, 2007 as presented. 07-23 D. Grant Resolution. It was recommended to approve a resolution allowing the City of Eagan to continue to participate in the Dakota Traffic Safety Program through 2008. E. Premise Permit. It was recommended to adopt a resolution approving a Premise Permit for Knights of 07-24 Columbus #7604 to Conduct Lawful Gambling at Time Out Sports Bar, 2864 Highway 55. F. Exempt Permit. It was recommended to adopt a Resolution Approving an Exempt Permit for 07-25 Experimental Aircraft Association to conduct a raffle at the Eagan Community Center on October 7, 2007. G. Liquor License. It was recommended to approve the on-sale liquor license and Sunday license for Pure NRG LLC, dba VIVA ? A Local Eatery, 1629 Lena Court. H. Project 950R. It was recommended to receive petition and authorize preparation of Agreement with Thomson for Project 950R (Opperman Drive & TH 149 ? Intersection Reconfiguration). I. Contract 06-01. It was recommended to approve Supplemental Agreement No. 1 for Contract 06-01, TH 149 Reconstruction. J. Wetlands Exemption ? Northern Natural Gas Company. It was recommended to affirm wetland exemption decision of Water Resources Coordinator relating to gas utility interstate pipe construction and modification project. Eagan City Council Meeting Minutes June 5, 2007 Page 2 K. Extension for Recording Plat. It was recommended to approve a 90 day extension of time t record the final plat for Manley Commercial Addition, located on O?Neill Drive south of I-494 and west of Argenta Trail in the NE ¼ of Section 1. L. Extension for Recording 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 Highway 3 in the SE ¼ of Section 36. M. Final Plat. It was recommended to approve a Final Plat (Atlas Addition) to create one lot on approximately 14.9 acres located at 2825 Highway 55 in the S ½ of Section 2. N. Extension. It was recommended to approve a one-year extension of the Preliminary Subdivision approval for Heritage of Highveiw, consisting of four single-family lots on approximately 1.7 acres on properties located at 1416 and 1420 Highview in the SE ¼ of Section 04. O. Ordinance Amendment. It was recommended to direct staff to initiate an amendment to Chapter 11 relative to signage in public rights-of-way and signage not requiring a Sign Permit. P. Reschedule Meeting. It was recommended to reschedule the August 7, 2007 Regular City Council meeting to August 9, 2007. Q. Amendment to Easement Document. It was recommended to adopt a Resolution approving an 07-25A amendment to a Reciprocal Driveway and Parking Easement Agreement for a Shared Access Driveway for properties located at 1940 and 1950 Rahncliff Court in the NW ¼ of Section 32. R. Contract 06-01. It was recommended to approve Work Order No. 1 for Contract 06-01, TH 149 Reconstruction. S. Premise Permit. It was recommended to approve a Premise Permit Renewal for Eagan Hockey 07-26 Association to conduct pull-tab and bar bingo operations at Cherokee Sirloin Room, 4625 Nicols Road. PUBLIC HEARINGS BOULDER LAKES / DELAWARE ESTATES RIGHT-OF-WAY / EASEMENT VACATION City Administrator Hedges introduced this item regarding the vacation of public drainage and utility easements and right-of-way within Delaware Estates (proposed Boulder Lakes development). He noted that it is recommended that action be continued for further consideration with the Boulder Lakes Business Park Final Subdivision which is not currently scheduled for Council review. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. One resident asked for further clarification as to the purpose of the easement and right-of-way vacation. There being no further public comment, Mayor Maguire closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to continue consideration of the vacation of public drainage and utility easements and right-of-way within Delaware Estates (proposed Boulder Lakes development) until review of the Boulder Lakes Business Park Final Subdivision. Aye: 5 Nay: 0 ND LOT 6, BLOCK 1 BRITTANY 2 ADDITION RIGHT-OF-WAY / EASEMENT VACATION City Administrator Hedges introduced this item regarding the vacation of a public drainage and utility easement nd within Lot 6, Block 1, Brittany 2 Addition. City Planner Ridley gave a staff report. Mayor Maguire 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 June 5, 2007 Page 3 Councilmember Tilley moved, Councilmember Fields seconded a motion to continue consideration of the vacation nd of public drainage and utility easement within Lot 6, Block 1 Brittany 2 Addition until later in the meeting. Aye: 5 Nay: 0 VARIANCE ? MICHAEL SUPINA City Administrator Hedges introduced this item regarding a Variance to the required 10 foot side yard setback to construct a second floor addition over the garage at 1656 Sherwood Way. City Planner Ridley gave a staff report. Mike Supina, applicant, discussed his plans for the second floor addition to his house and the need for a variance. Mayor Maguire opened the public hearing. Jill Carey, adjacent property owner, expressed her opposition to the proposed variance There being no further public comment, Mayor Maguire closed the public hearing and turned discussion back to the Council. The Council stated that based on the grade of the property, the twenty-five year encroachment and the existing distance between the two homes, the proposed Variance request was reasonable. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the vacation of public ndnd drainage and utility easement within Lot 6, Block 1 Brittany 2 Addition, Lot 6, Block 1 Brittany 2 Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Variance to the required 10 foot side yard setback to construct a second floor addition over the garage at 1656 Sherwood Way in the SW ¼ of Section 33. Aye: 5 Nay: 0 VARIANCE ? ATLAS OF MINNESOTA, INC. City Administrator Hedges introduced this item regarding a requested variance to the required building materials for a new warehouse and office showroom building at 2811 Highway 55. City Planner Ridley gave a staff report. Jack Hoeschler, representing Atlas, discussed the proposed building materials for the office warehouse building. He noted other buildings in the area and City that are not currently in conformance with the current building standards. Mayor Maguire opened the public hearing. Greg Miller, Interstate Partners discussed the area buildings that Mr. Hoeschler had pointed out in his PowerPoint presentation. He stated that he would like to see the site in question redeveloped but he believed the requested deviation to finish materials would be a step backward and not appropriate with the original intention for the area. There being no further public comment, he closed the public hearing and turned discussion back to the Council. Councilmembers stated the finish standard requirements were established after much consideration and that deviating from them at this point would essentially break a promise the City Council made to the area and the City of requiring higher quality exterior finish materials in commercial/industrial areas. It was the consensus of the Council not to deviate from the building finish standards. Eagan City Council Meeting Minutes June 5, 2007 Page 4 Councilmember Fields moved, Councilmember Tilley seconded a motion to direct Findings of Fact for Denial for a Variance to the required building materials for a new warehouse and office showroom building at 2811 Highway 55 in the SE ¼ of Section 02. Aye: 5 Nay: 0 THOMSON EXPANSION PROJECT Mayor Maguire noted that Thomson-West has been considering the expansion of its facilities located at 610 Opperman Drive and had requested consideration of the establishment of a tax increment financing district. The formation of the district was contingent upon the approval of authorization which was contained in the state tax bill, which was vetoed on May 30, 2007. As a consequence of this situation, a pubic hearing is not in order and Thomson has withdrawn its request for this action and the action to discontinue consideration of proposed Minnesota Investment Fund Application. OLD BUSINESS WINTER TRAIL MAINTENANCE PROGRAM City Administrator Hedges introduced this item regarding requested amendments to the Winter Trail Maintenance Program, noting that at the May 8, 2007 Council workshop, the Council considered two petitions, two business requests, one citizen request and one additional consideration by staff. Public Works Director Colbert reviewed the proposed changes to the program. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve requested amendments to the Winter Trail Maintenance Program as follows. Aye: 5 Nay: 0 1. West side only of Coachman Road from Yankee Doodle Road to Four Oaks Road 2. North side of Yankee Doodle Road from Inver Grove Heights to TH 149 3. Yankee Doodle Road from Elrene to TH 149 NEW BUSINESS TH PLANNED DEVELOPMENT AMENDMENT (BLUE RIDGE 7 ADDITION ? CSM) City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow an adult daycare on property located at 2965 Lone Oak Drive. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to allow an adult daycare on property located at 2965 Lone Oak Drive in the SW ¼ of Section 1, 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, and proof of recording shall be provided to the City. 2. The adult daycare shall be provided in conjunction with a primary office use, and the adult daycare shall not exceed 10,000 square feet. CONDITIONAL USE PERMIT AND VARIANCE TRAIL AUTOBODY AND MARINE City Administrator Hedges introduced this item regarding a conditional use permit for outdoor storage and a Variance of a 40-foot rear yard, 15-foot north side yard and 10-foot south side yard setback, for outdoor storage on property located at 4880 Biscayne Avenue. City Planner Ridley gave a staff report. Eagan City Council Meeting Minutes June 5, 2007 Page 5 Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit for outdoor storage for property located at 4880 Biscayne Avenue, 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, and proof of recording submitted to the City. 2. A revised Site Plan with parking stall, drive aisle, and setback dimensions, which includes the outdoor storage areas as shown on the April 27, 2007 Site Plan, shall be submitted. 3. A six-foot tall wooden privacy fence along the east perimeter of the property shall be installed no later than August 1, 2007, to match the adjacent properties. 4. A trash enclosure must be constructed, per City Code requirements, no later than August 1, 2007. 5. All parking and storage areas shall be properly maintained to prevent deterioration. 6. The applicant shall provide bituminous pavement, curb and gutter for the outdoor storage areas by November 1, 2007 in a form acceptable to the City Engineer. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Variance of a 40-foot rear yard, 15-foot north side yard and 10-foot south side yard setback, for outdoor storage on property located at 4880 Biscayne Avenue in the SE ¼ of Section 36, 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. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items under Legislative / Intergovernmental Affairs Update. The regular City Council meeting was recessed at 8:30 p.m. and a meeting of the Economic Development Authority was immediately convened. The regular City Council meeting was reconvened at 8:35 p.m. ADMINISTRATIVE AGENDA There were no items under the Administrative Agenda. VISITORS TO BE HEARD Betty Fedde discussed a letter she had written to the editor requesting that the flags in Eagan be flown at half staff in indefinitely to honor the soldiers who have lost their lives in Iraq. The regular City Council meeting recessed at 8:40 p.m. to convene an Executive Session to discuss Cedar Grove. Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the meeting at 9:30 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). Eagan City Council Meeting Minutes June 5, 2007 Page 6 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.