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03/01/2005 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota March 1, 2005 A Listening Session was held March 1, 2005 at 6:00 prior to the regular City Council meeting. There were no citizens who wished to be heard. A regular meeting of the Eagan City Council was held on March 1, 2005 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, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Assistant to the City Administrator Dianne Miller. AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS The City Council recognized Dan Wolter, who recently appointed as the City of Eagan?s Metropolitan Councilmember representative. Mr. Wolter addressed the City Council, noting his willingness to discuss any issues the Council may have and also noted that the Cedar Avenue Transitway will one of his top priorities. CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the February 15, 2005 regular City Council meeting, as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Tara Showmaker as a 9-1-1 Dispatcher. 2. It was recommended to approve the hiring of Virgil Stewart as a full-time custodian at the Community Center. C. Check Registers. It was recommended to ratify the check registers dated February 17, 2005 and February 24, 2005 as presented. D. Joint Powers Agreement Pulled for disucssion E. Contract 03-09 It was recommended to approve Change Order #10, Contract 03-09 (Water Treatment Plant) F. Project 778 It was recommended to receive a Feasibility Report for Project 778 (TH 149 Upgrade ? Street Reconstruction) and schedule a public hearing to be held on April 5, 2005. G. Northeast Eagan Traffic Study It was recommended to approve an amendment of service contract for Hoisington Koegler Group for the expanded Northeast Eagan Traffic Study H. Resignation It was recommended to accept the resignation of Greg Wilken from the Economic Development Commission. I. Resignation It was recommended to accept the resignation of Clint Hooppaw from the Airport Relations Committee J. Special City Council Meeting It was recommended to schedule a Special City Council meeting for March 14, 2005 K. Final Plat It was recommended to approve a final plat to create one lot for Mount Calvary Church located 05-05 at 3390 Rahn Road in the NW ¼ of Section 20 Motion was made by Tilley, seconded by Fields to approve the Consent Agenda minus Consent Item D. Aye: 5 Nay: 0 The City Council discussed Consent Item D. (Joint Powers Agreement for the Dakota County Drug Task Force). Police Chief Therkelsen provided an overview of the drug task force model. Eagan City Council Meeting Minutes March 1, 2005 Page 2 Motion was made by Maguire, seconded by Tilley to approve the Joint Powers Agreement for the Dakota County Drug Task Force. Aye: 5 Nay: 0 OLD BUSINESS VARIANCE ? MITTLESTADT BROTHERS City Administrator Hedges discussed the background of this item, stating Findings of Fact for Denial had been directed by the City Council at the February 1, 2005 Council meeting for a Variance to exceed the maximum building lot coverage of 20% allowed in a single family zoning by 2.5% . The item was continued at the February 15, 2005 meeting to allow time for the applicant to modify the house plans. City Planner Ridley provided information regarding the revised plans. The City Council discussed with two representatives from Mittlestadt Brothers the variance request and the modifications that have been made to the lot coverage since the previous Council meeting. At the Council?s request, the applicants noted their acceptance of the 1.2% variance Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Variance to exceed the maximum building lot coverage of 20% allowed in a single family zoning by 1.2% on Lot 8, Block 1, Woodland Place located at NW ¼ of Section 36. Aye: 5 Nay: 0 SITE PLAN MODIFICATION ? EAGANDALE BUSINESS CENTER, LLC City Administrator Hedges introduced this item regarding a modification to the site plan for Lot 2, Block 1, th Eagandale Office Park 5 Addition located at 1345 Corporate Center Curve. City Planner Ridley gave a staff report. The City Council discussed the request. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a modification to the site plan th for Lot 2, Block 1, Eagandale Office Park 5 Addition located at 1345 Corporate Center Curve in the NW ¼ of Section 3. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT ? STAR PIPE PRODUCTS City Administrator Hedges introduced this item regarding a request for a conditional use permit to allow outside storage on Lot 5, Block 1, Eagandale Corporate Square located at 3160 Neil Armstrong Boulevard. City Planner Ridley gave a staff report. Eric Duholm, Real Estate Consultant to Star Pipe Products spoke on behalf of the applicant requesting the CUP. The City Council discussed the applicant?s request. The Council noted that at the request of a neighboring property owner, the fencing on the property be a wood fence as opposed to a chain link fence. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow outside storage on Lot 5, Block 1, Eagandale Corporate Square located at 3160 Neil Armstrong Boulevard in the NW ¼ of Section 11 subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. Approval of this CUP shall terminate the CUP for the storage silos that was approved in 1992 case file# 11- CU-13-5-92. 3. Outdoor storage items are limited to large diameter cast iron pipe fittings and municipal castings such as manhole covers, meter boxes, and valve boxes, each to be stored on pallets and limited to 800 items. Eagan City Council Meeting Minutes March 1, 2005 Page 3 4. Outdoor storage shall be strictly within the chain link fenced area on the east side of the building located in the parking lot as indicated on the Site Plan. 5. No outdoor storage shall take place until the chain link fence is installed. 6. The height of the outdoor storage shall not exceed the height of the fence enclosure. 7. The fencing to be erected on the property shall be a wood fence. PLANNED DEVELOPMENT AMENDMENT ? BIRCHWOOD OFFICE PARK City Administrator Hedges introduced this item regarding a request for a Planned Development Amendment to change the exterior of the building on Lots 4 and 5, Block 1, Birchwood Office Park located at 3356, 3352, 3348, 3344 Sherman Court. City Planner Ridley gave a staff report and noted the applicants requested change to the architectural design of the building. Tom Hendel, Construction Manager for Lyon Contracting addressed the Council on behalf of the applicant. The City Council discussed the applicant?s request, and there was consensus that the Council did not agree with the proposed architectural changes; rather, the Council preferred the design to which was previously approved by the City Council. Councilmember Maguire moved, Councilmember Fields seconded a motion to direct findings of fact for denial for a Planned Development Amendment to change the exterior of the building on Lots 4 and 5, Block 1, Birchwood Office Park located at 3356, 3352, 3348, 3344 Sherman Court. Aye: 5 Nay: 0 Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a re-plat for Lots 4 and 5, Block 1, Birchwood Office Park located at 3356, 3352, 3348, 3344 Sherman Court subject to the following APC conditions: 2. Revised property owner association documents shall be submitted prior to release of the plat for recording. 7. Proof of ownership for Lot 1 shall be provided 8.The Plat shall be recorded with Dakota County. Aye: 5 Nay: 0 The Council recessed at 7:50 p.m. The Council reconvened at 8:05 p.m. CAPONI PROPERTY ACQUISITION Councilmember Maguire moved, Councilmember Fields seconded a motion to approve the following agreements (8) providing for acquisition of the Caponi property and creation/operation of the Caponi Art Park subject to City Attorney and City Administrator satisfaction that all City Council conditions are satisfied: 1. Grant Agreement ? DNR Natural and Scenic Area Grant 2. Grant Agreement ? DNR Remediation Grant 3. Dakota County/City of Eagan Joint Powers Agreement 4. Conservation Easement ? South 20 Acres 5. Conservation Easement ? Northwest 10 Acres 6. Conservation Easement ? Middle 20 Acres Aye: 5 Nay: 0 Councilmember Maguire moved, Councilmember Fields seconded a motion to continue the consideration of the Caponi Maintenance and Operating agreements to the March 8, 2005 City Council workshop. Aye: 5 Nay: 0 NEW RUNWAY / AIRPORT UPDATE Eagan City Council Meeting Minutes March 1, 2005 Page 4 City Administrator Hedges provided an update on the runway / airport issue. The Council voiced their support for inviting MAC staff to an upcoming workshop to provide an overview about the new runway. The Council also asked that Eagan?s Legislators be invited to attend the presentation. ADMINISTRATIVE AGENDA The City Council directed staff to prepare correspondence for the Mayor?s signature to Eagan?s Congressional delegation to urge their support for Community Development Block Grant (CDBG) funding. REDEVELOPMENT DISTRICT UPDATE Community Development Director Hohenstein provided an update regarding the City?s redevelopment districts. VISITORS TO BE HEARD Eagan resident Joe Kinard addressed the City Council asking the Council to consider acquiring baseline noise measurements in advance of the opening of the new runway. He also requested that an environmental study be completed in advance of the runway becoming operational. Assistant to the City Administrator Miller noted that the Airport Relations Commission would be considering the issue of baseline noise measurements at their March 8 meeting, following which a recommendation will be provide to the City Council. Councilmember Maguire moved, Councilmember TIlley seconded a motion to adjourn the regular City Council meeting at 8:00 p.m. Aye: 5 Nay: 0 _____________________________ ___________________________________ Date Assistant to City Administrator 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.