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04/05/2005 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota April 5, 2005 A Listening Session was held April 5, 2005 at 6:00 prior to the regular City Council meeting. Marty Johnson th invited Mayor Geagan to an open house on Friday, April 8 in honor of his father who will be visiting from Nigeria. A regular meeting of the Eagan City Council was held on April 5, 2005 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Fields, and Tilley. Councilmember Maguire was absent due to illness and Councilmember Carlson was absent due to being out of town. 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 Tilley seconded a motion to approve the agenda as presented. Aye: 3 Nay: 0 CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the March 15, 2005 regular City Council meeting, the March 14, 2005 special City Council meeting and the March 8, 2005 special City council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Brian Boekhoff, Daniel Roseth and Robbe Waller as Police Officers for the City of Eagan. 2. It was recommended to acknowledge the internal transfer of Linda Dralle, Clerical Tech III, to Systems Technician. 3. It was recommended to approve the hiring of Christopher Ahrens and Molly Towle as a part-time seasonal Lifeguard Supervisors for Cascade Bay. 4. It was recommended to approve the hiring of Michael Mason and Elisa Swenson as a part-time seasonal Guest Relations Supervisor for Cascade Bay. 5. It was recommended to approve the hiring of Jennifer Berkopec, Brian Boufford, Jamie Boufford, Corey Burns, Lindsay childs, Kely Colbert, Kelly Craven Nick Csargo, Nathan Dunn, Shawna Forschen, Brittany Genelin, Emily Harvey, Lisa kleinschmidt, Becky Kaufman, Cody Knutson, Elyse Kyro, Taylor Lamski, Danelle Larson, Nicole Litzner, Meagan Lostetter, Elizabeth Luke, Sarah Luke, Katlin Marko, Maria Melcher, Lauren Michelsen, Ben Millmann, Scott Mott, Mike Nord, Jessica Ofstedahl, Jackie Peters, Ryan Ruzicka, Kelly Schaffer, Blair smith, Erica Somers, Sara Swanson, Anne Weston, Meggan Wier, Jennifer Woelfel, Jill Woelfel and Alex Wright as part-time seasonal lifeguards for Cascade Bay. 6. It was recommended to approve the hiring of Amanda Barse, Mallory Berg, Mark Bresher, Michael Dunn, Michael Eilers, Nicholas Eilers, Kevin Eldridge, Ashley Germond, Eric Holmay, Matt Johnson, Andy Lund, Bailey Meiklejohn, Courtney Peterson, Molly Rodgers, Eric Starnes, Erinn Swinton, Chester Teich, Salena Tumini and Ashley Weninger as part-time seasonal guest relations workers for Cascade Bay. 7. It was recommended to approve the hiring of Stefanie Berkopec, Katherine Fink, Nicole Hogenson, Tessa Kleinschmidt, Jamie Lewis, Anne Marascvilo, Elizabeth O?Connell and Emma Weston as part-time seasonal pool attendants for Cascade Bay. 8. It was recommended to approve the hiring of Daniel Streefland as a part-time seasonal maintenance worker for Cascade Bay. 9. It was recommended to approve the hiring of Daniel Montague as a part-time seasonal program assistant/coordinator. 10. It was recommended to acknowledge the resignation of Police Officer Thomas Weinzettel. 11. It was recommended to acknowledge the retirement of Michael Marxer, a 30-year employee in Streets Maintenance. Eagan City Council Meeting Minutes April 5, 2005 Page 2 12. It was recommended to approve the hiring of Gene Walz as an Administrative Intern. C. Check Registers. It was recommended to ratify the check registers dated March 17, 2005 and March 31, 2005 as presented. D. National Incident Management System. It was recommended to adopt resolution endorsing the concept 05-09 and use of the National Incident Management Systems (NIMS). E. Delinquent Utility Bills. It was recommended to set a public hearing for May 3, 2005 to consider the final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. F. Delinquent False Alarm Bills. It was recommended to set a public hearing for May 3, 2005 to consider the final assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. G. Donation. It was recommended to adopt a resolution accepting a $5,000 donation from Thomson West for 05-10 the purchase of Fire Department equipment. H. Change Order. It was recommended to approve Change Order No. 1 wit Pierce Manufacturing for fire pumper/tanker truck. I. Final Plat. It was recommended to approve a Final Plat to combine three tax parcels to create one lot for 05-11 property located at 3245 Terminal Drive in the NE ¼ of Section 08. J. Amendment to Minutes. It was recommended to amend the minutes of the March 1, 2005 City Council Meeting by adding condition number seven to reflect the north and west sides of the outdoor storage enclosure to be constructed with a wooden privacy fence. K. Final Subdivision and Final Planned Development. It was recommended to approve a Final Subdivision 05-12 (Clubview Addition) of 5 acres to create 2 lots for property located at 3070 Lexington Avenue. It was also recommended to approve a Final Planned Development for one office building and a contractors yard with a residential house present with a sunset agreement for Clubview Addition located at 3070 Lexington Avenue. L. Omitted M. Temporary On-Sale Liquor License. It was recommended to approve a temporary on-sale liquor license for the Twin Cities Good Time Softball league. N. Waiver of Fee. It was recommended to waive the temporary on-sale liquor license fee for the Eagan Foundation and issue a refund of the $150.00 fee paid by the organization. O. Memo of Understanding. It was recommended to ratify a Memo of Understanding between the Cities of Eagan, Apple Valley, Burnsville, Inver Grove Heights, South St. Paul, West St. Paul, and Dakota County to jointly apply for an Edward Byrne Memorial Justice Grant (JAG) in the amount of $70,821.00. These funds would be utilized by the Dakota county Drug Task Force. P. Contract 04-11. It was recommended to approve the final payment for Contract 04-11 (Holz Farm Park ? Utility Service Improvements) in the amount of $31,544.20 to Frattalone Companies, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. Q. Contract 03-09. It was recommended to approve Change Order #11 to Contract 03-09 (Water Treatment Plant Expansion) and authorize the Mayor and City Clerk to execute all related documents. R. Request for Municipal State Aid Route Designation. It was recommended to approve a resolution 05-13 requesting the Minnesota Commissioner of Transportation?s approval of the designation of various existing street segments on to the Municipal State Aid (MSA) roadway system. S. Project 922. It was recommended to receive the petition and authorize the preparation of feasibility report by the City Engineer for Project 922 (Lone Oak Drive / Lone Oak Parkway ? Sidewalk Improvements). T. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements and schedule a public hearing to be held on May 3, 2005. U. Promotion and Fees ? Community Center. It was recommended to approve the $90.00 fee and promotion of a 90-day seasonal membership to the Eagan Community Center. V. Exempt Permit. It was recommended to adopt a resolution approve an application for an Exempt Permit 05-14 for Pinewood PTA to hold a raffle at 4300 Dodd Road on May 1, 2005. 05-15 Eagan City Council Meeting Minutes April 5, 2005 Page 3 W. Exempt Permit. It was recommended to adopt a resolution approving the application for an Exempt Permit for Eagan Ducks Unlimited Chapter 181 to hold a raffle at 2280 Cliff Road on April 28, 2005. X. Final Subdivision. It was recommended to approve a Final Subdivision (Sycamore Place) of 6 acres to 05-16 create 9 lots on property located north of the dead end street of Sycamore Court in the SE ¼ of Section 36. Y. Tobacco License. It was recommended to approve a Tobacco License for Phuong Nguyen (P.L. Liquors), 1565 Cliff Road. Z. Tree Contractor License. It was recommended to approve a 2005 Tree Maintenance Contractor License for Tom?s Tree Service, 13489 Halstad Avenue, Lonsdale, MN. AA. Tree Contractor License. It was recommended to approve a 2005 Tree Maintenance Contractor License for Wright Tree Service, 17911 Cannon City Blvd, Faribault, MN. BB. Tree Maintenance Contractor License. It was recommended to approve a 2005 Tree Maintenance Contractor License for Outdoor Specialties, 560 Lone Oak Road. CC. Waive Fees. It was recommended to waive Community Center Rental Fees for the Miss Eagan pageant th during the 4 of July celebration festivities. DD. NPDES Phase II, MS4 General Permit. It was recommended to adopt a resolution supporting the League of Minnesota Cities? (LMC) petition for a contested case hearing with the Minnesota Pollution Control Agency (MPCA) on the proposed revised MS4 General Permit and authorize City staff to send a letter to the MPCA commenting on proposed permit revisions with the Mayor?s signature. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the consent agenda as presented. Aye: 3 Nay:0 PUBLIC HEARINGS VARIANCE ? 1299 CARLSON LAKE LANE ? JAMES BARTON DESIGN/BUILD, INC. City Administrator Hedges introduced this item regarding a proposed variance to the minimum 10-foot side yard setback for an addition to the house at 1299 Carlson lake Lane. City Planner Ridley gave a staff report. The applicant discussed the proposed overhead door on the west side of the house, stating the intent is not to use the addition as vehicle storage, but rather items such as lawn equipment and canoes. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmembers concurred that the overhead door should not be allowed on the new storage space. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Variance of 2.5 feet to the required 10 foot side yard setback for an addition to the house at 1299 Carlson lake Lane, legally described as Lot th 1, Block 5, Wilderness Run 4 Addition, in the NW ¼ of Section 27 subject to the following conditions: Aye: 3 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. There shall be no overhead door on the new storage space. 3. The area between the structure and the City property should be maintained as yard space ? turf grass or garden. 4. A permit for work within the City property should be obtained prior to issuance of the building permit. 5. The exterior materials of the addition and the existing dwelling shall match. 6. The addition shall comply with all other applicable Zoning Ordinance provisions. PROJECT 778, TRUNK HIGHWAY 149 Eagan City Council Meeting Minutes April 5, 2005 Page 4 STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for TH 149, TH 55 to Albano. Public Works Director Colbert gave a brief overview of the project. Kevin Hoglund, Bonestroo Rosene Anderlik and Associates reviewed the feasibility study. Mayor Geagan opened the public hearing. Four citizens/business owners spoke expressing concerns in regard to the reduction of four lanes to two lanes, truck access to the Twin City Wire property and access to the Kwik Trip property. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve Project 778 (TH 149, TH 55 to Albano Trail ? Street Improvements) and authorize the preparation of detailed final plans and specifications for a contract that may be let within 3 years after said approval, and the acquisition of right-of-way and easements through quick-take Eminent Domain, if necessary. Aye: 3 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT (LOT 1, BLOCK 1, BEST BRANDS ADDITION) BEST BRANDS CORPORATION City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit for outside storage to install two product storage bins and a variance for the structures to exceed the maximum 40 foot height limit, on property at 1765 Yankee Doodle Road. City Planner Ridley gave a staff report. The applicant, Darwin Schlinger, discussed the proposed silos. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit for outside storage to install two product storage bins on property at 1765 Yankee Doodle Road, legally described as Lot 1, Block 1, Best Brands Addition, subject to the following conditions: Aye: 3 Nay: 0 1. This conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The requirements of the 2002 CUP should be fully satisfied prior to issuance of a building permit for the proposed silos including installation of a heavy duty bituminous asphalt at the entrance to the southeast truck storage area, installation of a new concrete pad for the trailers to rest on, and maintenance of the recycled bituminous asphalt driveway. 3. The silos and equipment building shall be painted to match the existing building. 4. Within one year or the expiration of the lease, whichever is less, the property shall be brought into compliance with zoning standards by ceasing the residential use and removing the house from the property. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Variance for the structure to exceed the maximum 40 foot height limit to install silos with a dust collector on top totaling 48 feet in height, on nd property at 1765 Yankee Doodle Road, legally described as Lot 1, Block 1, Best Brands 2 Addition, in the SE ¼ of Section 8 subject to the following condition: Aye: 3 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 Eagan City Council Meeting Minutes April 5, 2005 Page 5 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. PLANNED DEVELOPMENT AMENDMENT ? INTERSTATE PARTNERS City Administrator Hedges introduced this item regarding a request for a Planned Development Amendment to allow a redistribution of 140,000 SF of office space on three of four parcels and an overall signage plan for the retail/service, bank and office uses approved in 2004 on four lots located at the northwest intersection of Highways 55 and 149. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment (Grand Oak 5) to allow a redistribution of 140,000 SF of office space on three of the four parcels located at the northwest intersection of Highways 55 and 149 in the east ½ of Section 2 subject to the following conditions: Aye: 3 Nay: 0 1. The developer shall enter into an amended Planned Development Agreement that memorializes the building square footage allotment. 2. The developer shall record the amended Planned Development Agreement against Lots 1, 2 and 4. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an overall Signage Plan for Grand Oak Five located at the northwest intersection of Highways 55 and 149 in the east ½ of Section 2 subject to the following conditions: Aye: 3 Nay: 0 1. The applicant is allowed two monument signs ? one each on Lots 1 & 4. 2. The applicant is allowed a 25? tall center identification sign (Shops at Grand Oak) on Lot 3. 3. The applicant is allowed a 22? tall pylon sign (bank) on Lot 2. Electronically changing copy, except for time and temperature, shall be prohibited. The space between the brick support pillars shall not include separate reader board panels. 4. The applicant is allowed building signage of up to 7% of any façade, on all sides of the retail buildings, three sides of the bank building and two sides of the office buildings. 5. The monument signage, center identification and bank pylon shall meet Sign Ordinance height and area standards. 6. Unless otherwise approved, all signage shall be subject to the requirements of the City of Eagan Sign Ordinance. th 7. The Signage Plan shall be recorded against all lots in the Grand Oak 5 Addition. REZONING, PRELIMINARY SUBDIVISION, PRELIMINARY PLANNED DEVELOPMENT (FORMER DIAMOND T SITE) ? TOLL BROTHERS ? TO BE CONTINUED TO APRIL 19, 2005 Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of Rezoning, Preliminary Subdivision and Preliminary Planned Development - Toll Brothers to the regular City Council meeting on April 19, 2005. Aye: 3 Nay: 0 LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE ADMINISTRATIVE AGENDA REDEVELOPMENT DISTRICT UPDATE Councilmember Fields moved, Councilmember Tilley seconded a motion to schedule special City Council meetings for April 14 and April 26, 2005 at 5:30 p.m. Aye: 3 Nay: 0 Councilmember Tilley moved, Mayor Geagan seconded a motion to establish June 18, 2005 as Electronics Day in Eagan and approve the use of recycling funds for Electronics Recycling Day. Aye: 3 Nay: 0 Community Development Director Hohenstein provided an update regarding the City?s redevelopment districts. Eagan City Council Meeting Minutes April 5, 2005 Page 6 VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the regular City Council meeting at 8:05 p.m. Aye: 3 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.