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12/05/2005 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota December 5, 2005 A Listening Session was held December 5, 2005 at 6:00 p.m. prior to the regular City Council meeting. Mayor Geagan and Councilmember Tilley were present. Thor Raarup, 1240 Deerwood Drive, submitted a letter and discussed special assessments in regard to Project 912. He stated that he inadvertently missed the public hearing for this issue which was held in October. He questioned if there is an appeal process. Staff was instructed to consult the City Attorney regarding the possibility of an appeal due to the levy being certified with Dakota County. Councilmembers Maguire, Fields and Carlson arrived at the Listening Session at 6:10. A regular meeting of the Eagan City Council was held on December 5, 2005 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Fields, Tilley, Maguire and Carlson. 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 Fields moved, Councilmember Maguire seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Mayor Geagan recognized City Administrator Hedges for receipt of the LMC Leadership Award which was presented to him at the League of Minnesota Cities conference in Rochester, December 2. CONSENT AGENDA Councilmember Fields moved, Councilmember Maguire 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 November 15, 2005 regular City Council meeting, November 29, 2005 special City Council meeting, and the November 7, 2005 special City . Council meeting as presented B. Personnel Items. 1. It was recommended to approve the hiring of Sara Hegle as Operations Support Specialist at the Maintenance Facility. 2. It was recommended to approve the hiring of Erick Bertelsen, Kevin Blake, Steven Bringgold, Jackie Carlson, Geoff Cleveland, Kelly Colbert, Katy Donndelinger, Nick Durnad, Michael Eilers, Peter Fooshe, Luke Garrison, Wayne Gray, Beck Hennng, Eric Holmay, Nick Kelley, Neal Kiser, Richard LeMay, Doug Lindow, Ryan Malterud, Katie Maruish, Ryan Moy, Daniel Myers, Nick Olson, Renee Schlittler, Kati Schorn, Luke Selby, Dylan Squires, Matt Steele, Kevin Stevenson, Aaron Strey, Jeff Swenson, John Swenson, John Tatera and Kelli Wood as part-time seasonal winter recreation leaders. 3. It was recommended to approve the hiring of Meghan Chappuis and Adam Nelson as part-time seasonal recreation program assistants. 4. It was recommended to approve the hiring of Alyssa Kane and Robert Rydberg as part-time seasonal site coordinators. 5. It was recommended to approve the 2006 seasonal pay rates for Cascade Bay and the Civic Arena as presented. 6. It was recommended to approve the revised tuition reimbursement policy as presented. 7. It was recommended to approve a workers compensation claim settlement with former Police Officer Trent Johnson. C. Check Registers. It was recommended to ratify the check registers dated November 17, 2005, November 24, 2005 and December 1, 2005 as presented. Eagan City Council Meeting Minutes December 5, 2005 Page 2 D. Revision to Minutes. It was recommended to approve a revision to the October 6, 2005 City Council minutes as follows: Page 6: No action was taken on the Final Planned Development for Phase I of a retail commercial development (Diffley Marketplace) consisting of a 42,600 square foot grocery store and two 10,000 squafe foot multi-tenant retail buildings, upon 10.94 acres located south of Diffley Road th and east of Lexington Avenue, legally described as Outlot A, Lexington Pointe 13 Addition and th Outlot A, Lexington Pointe 7 Addition, in the NW ¼ of Section 26, pending Dakota County action on the site access issues. E. Document Imaging System. It was recommended to accept a proposal from Ricoh Business Systems for the purchase, installation and ongoing support of an electronic document management system, subject to the execution of a signed agreement between the City of Eagan and Ricoh Business Systems. F. Special Assessment Deferment. It was recommended to approve an application for a senior citizen deferment of special assessments. G. Grant. It was recommended to approve an application for a grant from the Minnesota Division of Homeland Security and Emergency Management. H. Change in Management on Liquor License. It was recommended to approve a change in management on the on-sale 3.2 percent malt liquor license at Davanni?s 1960 Cliff Road. I. Change in Management on Liquor License. It was recommended to approve a change in management on the off-sale 3.2 percent malt liquor license at Sam?s Club, 3035 Denmark Avenue. J. Change in Management on Liquor License. It was recommended to approve a change in management on the on-sale liquor license at Granite City Food and Brewery, 3330 Pilot Knob Road. K. Change in Management on Liquor License. It was recommended to approve a change in management on the on-sale liquor license at Viva Italia, 1629 Lena Court. L. Change in On-Sale 3.2 Percent Malt Liquor License for M. Cheng, Inc. dba Hong Wong, 2139 Cliff Road. M. General Insurance Renewal. It was recommended to approve the general insurance renewal for the period 7-1-05 to 7-1-06. N. Final Subdivision. It was recommended to approve a final subdivision to create one lot and one outlot 05-63 (Kennealy Addition) upon 2.0 acres located at 2115 Silver Bell Road, in the SE ¼ of Section 18. O. Change Order. It was recommended to approve Change Order #2, Contract 04-10 (Coachman Water Treatment Plant ? Landscaping), and authorize the Mayor and City Clerk to execute all related documents. P. Comments to City of Rosemount. It was recommended to approve comments to the City of Rosemount regarding the Comprehensive Guide Plan Amendment for County Road 42 and US 52 Land Use Area. Q. Lease Amendments. It was recommended to approve the amendments to the current lease agreements with Verizon Wireless for the antennae facilities located on the Safari and Lexington Reservoirs and authorize the Mayor and City Clerk to execute all related documents. R. Contract 04-04. It was recommended to approve the final payment for Contract 04-04 (Lexington Avenue, Lone Oak Road to TH 55- Street and Trail Improvements) in the amount of $69,880.26 to Max Steininger, Inc., and accept the improvements for perpetual City maintenance subject to warranty provision. S. Contract 03-09. It was recommended to approve Change Order #14 and Final Pay request ($87,901) for Contract 03-09 (Water Treatment Plant Expansion) and authorize the Mayor and City Clerk to execute all related documents. T. Release of Tax Forfeit Parcel. It was recommended to recommend to the County Board the private sale of tax forfeit property (parcel 10-02900-020-05) subject to its combination with the adjacent parcel through the city?s lot combination application process and subsequent compliance with all related zoning codes. U. Eagan Community Center Program. It was recommended to authorize Eagan Community Center staff to begin offering personal training and fitness services outside the Community Center. V. Catering Options at Community Center. It was recommended to approve the flexibility of EDD staff to provide alternatives to renters to accommodate religious / ethnic requests and/or smaller sized groups. PUBLIC HEARINGS Eagan City Council Meeting Minutes December 5, 2005 Page 3 PROPOSED BUDGET AND PROPERTY TAX LEVY FOR 2006 TRUTH-IN-TAXATION HEARING City Administrator Hedges discussed the proposed budget and property tax levy, as well as the Cedarvale Special Service District budget. A PowerPoint presentation was given. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion to the Council. Councilmember Fields moved, Councilmember Maguire seconded a motion to set the 2006 General Levy and General Fund Budget considerations for the December 20, 2005 City Council meeting. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to set the 2006 Cedarvale Special Services District levy and budget consideration for the December 20, 2005 City Council meeting. Aye: 5 Nay: 0 VARIANCE EQUAL ACCESS HOMES City Administrator Hedges introduced this item regarding a request for a 15 foot variance to the front yard setback for 624 square foot building addition; a 7 foot variance to the front yard setback for a deck addition; and a 1 % variance to the 20% lot coverage requirements to the existing single family home located at 4329 Livingston Drive. City Planner Ridley gave a staff report. Jill Kraus, owner of the property, explained the hardship under which she is requesting the variances. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a 15 foot variance to the front yard setback for a 624 square foot building addition to the existing single family home located at 4329 Livingston Drive in the NE ¼ of Section 26, 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. 2. The exterior materials of the addition shall match those of the principal structure. 3. The addition shall comply with all other applicable Zoning Ordinance provisions. 4. A building permit must be obtained prior to construction. 5. The variance shall only apply to the 624 square foot addition. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a 7 foot variance to the front yard setback for a deck addition to the existing single family home located at 4329 Livingston Drive in the NE ¼ of Section 26, 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 deck shall be no more than 30 inches in height. 3. A building permit must be obtained prior to construction. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a 1% variance to the 20% lot coverage requirements for a 624 square foot addition to the existing single family home located at 4329 Livingston Drive in the NE ¼ of Section 26, subject to the following conditions: Aye: 5 Nay: 0 Eagan City Council Meeting Minutes December 5, 2005 Page 4 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 exterior materials of the addition shall match those of the principal structure. 3. The addition shall comply with all other applicable Zoning Ordinance provisions. 4. A building permit must be obtained prior to construction. 5. The variance shall only apply to the 624 square foot addition. 6. No other additions or accessory structures shall be allowed. PROJECT 917, COACHMAN ROAD STREET OVERLAY AND TRAIL IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Coachman Road street overlay and trail improvements. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. One resident spoke in opposition to the proposed assessment. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the Final Assessment Roll for Project 917 (Coachman Road ? Street Overlay and Trail Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 926, SADDLEHORN / SUNSET / NORTHVIEW MEADOWS ADDITIONS STREET REVITALIZATION City Administrator Hedges introduced this item regarding the street revitalization for Saddlehorn, Sunset, Northview Meadows Additions. Assistant City Engineer Gorder 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 Maguire moved, Councilmember Tilley seconded a motion to approve Project 926 (Saddlehorn / Sunset / Northview Meadows Additions ? Street Revitalization) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 927, MEADOWLAND / BEAVER DAM ROAD / SUN CLIFF ADDITIONS STREET REVITALIZATION City Administrator Hedges introduced this item regarding the street revitalization for Meadowland, Beaver Dam Road, and Sun Cliff Additions. Assistant City Engineer Gorder gave a staff report. Mayor Geagan opened the public hearing. One resident asked for clarification regarding the amount being assessed to the townhomes in the area. There being no further public comment, he closed the public hearing and turned discussion back to the Council. Eagan City Council Meeting Minutes December 5, 2005 Page 5 Councilmember Fields moved, Councilmember Maguire seconded a motion to approve Project 927 (Meadowland / Beaver Dam Road / Sun Cliff Additions ? Street Revitalization) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT ? TMI COATINGS City Administrator Hedges introduced this item regarding a conditional use permit to allow a 40? x 40? metal sided accessory structure and outdoor storage of hazardous materials for property located at 3291 Terminal Drive. City Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow a 40? x 40? metal sided accessory structure and outdoor storage of hazardous materials for property located at 3291 Terminal Drive in the SE ¼ of Section 8, 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. 2. The hazardous waste storage must comply with the Minnesota Pollution Control Agency and Dakota County Environmental Management requirements. 3. The metal sided accessory structure is limited to 1,600 square feet. CONDITIONAL USE PERMIT ? ARZU?S RESTAURANT CONCEPT HEMANT BHAKTA City Administrator Hedges introduced this item regarding a conditional use permit to allow on-sale liquor in conjunction with a Class I restaurant at 1304 Town Centre Drive. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow on-sale liquor in conjunction with a Class I restaurant at 1304 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 liquor sales shall comply and be operated in accordance with all relevant state laws and regulations. ON-SALE LIQUOR AND SUNDAY LICENSE FOR ARZU?S RESTAURANT CONCEPT, INC. DBA GENGHI?S GRILL, 1304 TOWN CENTRE DRIVE City Administrator discussed the request for an on-sale and Sunday liquor license which is in conjunction with the previous conditional use permit approval. Councilmember Maguire moved, Councilmember Fields seconded a motion to approve the on-sale liquor and Sunday license for Arzu?s Restaurant Concept, Inc. dba Genghi?s Grill, 1304 Centre Drive, subject to receipt and review of all applicable documents. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT ? KWIK TRIP, INC. City Administrator Hedges introduced this item regarding a conditional use permit to add a 315 square foot building addition to the Kwik Trip at 3145 Dodd Road. City Planner Ridley gave a staff report. Eagan City Council Meeting Minutes December 5, 2005 Page 6 Sam Van Tassel, representing Kwik Trip, provided information regarding the proposed addition. Councilmember Maguire questioned if traffic would be affected on the site. It was noted that the current traffic flow would not be affected. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to add a 315 square foot building addition to the Kwik Trip at 3145 Dodd Road, legally described as Lot 1, Block 1, Kwik Trip Addition in the NW ¼ of Section 12, 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. 2. The existing curb within the site shall be relocated as shown on the Site Plan dated November 7, 2005, prior to the construction of the building addition and a 20 foot wide two-way drive land maintained south of the proposed building location. 3. The building shall be constructed of the same tan/red brick with a pitched roof and asphalt shingles to match the existing store. HEARING TO CONSIDER REVOCATION OF A CONDITIONAL USE PERMIT FOR 4871 BISCAYNE AVENUE - MAGNUM TOWING KEVIN MELLON City Administrator Hedges introduced this item regarding the revocation of a conditional use permit for outside storage. This item was continued from the November 1, 2005 City Council meeting to permit review of additional information and a legal memo submitted by Mr. Mellon?s attorney. City Planner Ridley reported on the history of the issue as well as the existing violations on the property. Mr. Mellon stated that he was not prepared for the hearing. City Attorney Dougherty explained options available to the Council. It was agreed that the hearing would continue as scheduled, given that Mr. Mellon had been duly notified of the hearing date. Code Enforcement Technician Mary Granley, under oath, testified to the violations on the property, using pictures of the site. Mr. Mellon again stated that he had nothing to say. Councilmember Tilley moved, Councilmember Carlson seconded a motion to close the hearing and authorize staff to prepare findings for the revocation of the Conditional Use Permit for outside storage on Lot 3, Block 1, Halley?s st 1 Addition located at 4871 Biscayne Avenue. Aye: 5 Nay: 0 It was noted that Mr. Mellon would be notified as to the date that the findings for revocation would be considered. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was nothing to report under Legislative / Intergovernmental Affairs. ADMINISTRATIVE AGENDA City Administrator Hedges announced that an Executive Session will not be necessary. The City Council meeting was recessed at 8:00 p.m. to immediately convene a meeting of the Economic Development Commission. The regular City Council meeting was reconvened at 8:05 p.m. Eagan City Council Meeting Minutes December 5, 2005 Page 7 VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council at 8:05 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.