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09/03/2002 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota September 3, 2002 A regular meeting of the Eagan City Council was held on Tuesday, September 3, 2002 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Bakken, Carlson, Fields and Tilley. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary/Deputy Clerk Mira McGarvey. AGENDA Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS SEPTEMBER 11 RECOGNITION AND OBSERVANCE City Administrator announced that on September 11 at 8:00 a.m. there will be a brief observance in front of the municipal center. CONSENT AGENDA Councilmember Fields asked that item A. Minutes. It was recommended to approve the minutes of the August 20, 2002 regular City Council meeting, the August 27, 2002 special City Council workshop and the August 13, 2002 special City Council workshop as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Sheila O?Bryan as a Planner. 2. It was recommended to approve the hiring of Kathryn Konat as a seasonal park maintenance worker. 3. It was recommended to approve the hiring of David Schomburg as a seasonal basketball scorekeeper. C. Check Registers. It was recommended to ratify the check registers dated August 20, 2002 and August 27, 2002. D. Wetland Health Evaluation Program Agreement. It was recommended to approve the Joint Powers Agreement with Dakota County to Fund Jointly with Other cities the Dakota County Wetland Health Evaluation Program. E. Appointment to MSP Noise Oversight Committee. It was recommended to appoint Assistant City Administrator Jamie Verbrugge as the Eagan representative to the MSP Noise Oversight committee, and to appoint City Administrator Tom Hedges as the alternate representative. F. Contract 02-16. It was recommended to approve the final payment for Contract 02-16 (Cedar Grove Redevelopment Area ? Building Demolition and Removal) in the amount of $18,089.60 to Lloyd?s Construction Services. G. Contract 02-15B. It was recommended to approve Change Order No. 1 to Contract 02-15B (Community Center Site Improvements) and authorize the Mayor and City Clerk to execute all related documents. H. Contract 02-15A. It was recommended to approve Change Order No. 2 to Contract 02-15A (Community Center Storm Sewer Improvements) and authorize the Mayor and City Clerk to execute all related documents. I. Pulled for discussion st J. Project 853. It was recommended to receive the Final Assessment Roll for Project 853 (Woodgate 1 Addition ? Street Overlay) and schedule a public hearing to be held on October 1, 2002. K. Project 854. It was recommended to receive the Final Assessment Roll for Project 854 (Parkcliff Additions ? Street Overlay) and schedule a public hearing to be held on October 1, 2002. th L. Project 855. It was recommended to receive the Final Assessment Roll for Project 855 (Oak Chase 6 / Ches Mar East Additions ? Street Overlay) and schedule a public hearing to be held on October 1, 2002. Eagan City Council Meeting Minutes September 3, 2002 Page 2 M. Change Order. It was recommended to approve Change Order Number 3 to Ebert Construction in the amount of $1,518. N. Receive Bids. It was recommended to receive bids and award contract for infrastructure low voltage wiring for new community center. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the balance of the Consent Agenda. Aye: 5 Nay: 0 I. No Parking Sign Petition. Receive the petition and schedule consideration to the September 17 meeting regarding the installation of special ?No Event Parking? signage on New York Avenue and Ventnor Avenue. City Administrator Hedges suggested that this item be continued for consideration until the th September 17 meeting so that a neighborhood meeting can be held. Council Member Carlson directed staff to include consideration of no parking on one side of the street when meeting with the residents. Councilmember Tilley moved, Councilmember Carlson seconded a motion to receive the petition for ?No Parking? signage on New York Avenue and Ventnor Avenue and continue consideration until the September 17, 2002. Aye: 5 Nay: 0 PUBLIC HEARINGS LOT 9, BLOCK 1, LEXINGTON POINTE ADDITION (961 CURRY TRAIL) EASEMENT VACATION City Administrator Hedges introduced this item regarding the vacation of public drainage and utility easements within Lot 9, Block 1 Lexington Pointe Addition. Public Works Director Colbert gave a staff report. Mayor Awada opened the public hearing. The applicant was present in support of the requested variance. There being no public comment, she closed the public hearing and turned discussion back to Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the vacation of public drainage and utility easements within Lot 9, Block 1 Lexington Pointe Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 ND LOT 7, BLOCK 1, STONEY POINT 2 ADDITION (3636 LAKEVIEW TRAIL) EASEMENT VACATION City Administrator Hedges introduced this item regarding a request for a public drainage and utility easement. He suggested the public hearing be closed after hearing any public comment and action on the item be continued until the time of consideration of a required setback variance. Mayor Awada opened the public hearing. The applicant was present in support of the requested variance. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to continue consideration of the nd easement vacation on Lot 7, Block 1, Stoney Point 2 Addition. Aye: 5 Nay: 0 VARIANCE ? ANNE ANDERSON ? 1579 STEPHANIE CIRCLE City Administrator Hedges introduced this item regarding a 10 foot variance request to the 30-foot rear yard setback requirement from a public street for Lot 1, Block 1, Ridgehaven Acres. Senior Planner Ridley gave a staff report. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to Council. Eagan City Council Meeting Minutes September 3, 2002 Page 3 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a 10-foot Variance to the 30-foot rear yard setback requirement (from a public street) for Lot 1, Block 1, Ridgehaven Acres located in the SW ¼ of Section 04. Aye: 5 Nay: 0 VARIANCE ? KAREN DOZOIS ? 1306 CRESTRIDGE LANE City Administrator Hedges introduced this item regarding a 3-foot variance request from the allowed 20 foot front yard setback for the construction of a deck addition to an existing townhome on property located at 1306 Crestridge Lane. Senior Planner Ridley gave a staff report. Mayor Awada opened the public hearing. The applicant was present in support of the requested variance. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a 3-foot Variance from the allowed 20-foot front yard setback for the construction of deck addition to an existing townhome on rd property located at 1306 Crestridge Lane (Lot 2, Block 13, Timbershore 3 Addition) in the SW ¼ of Section 15 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 an 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 not be enclosed. 3. The deck shall not exceed 8 feet in depth by 20 feet in width and 160 square feet in area. VARIANCE ? RHETT & DEBORAH LEWIS ? 1128 WESTBURY PATH City Administrator Hedges introduced this item regarding a variance request from the 20 percent maximum building coverage and a one and one-half foot Variance on the 10 foot side year setback standard in Residential zoning districts for the construction of a 352 square foot living space addition and a 14 square foot wall ?bump out? st for Lot 5, Block 4, Westbury 1 Addition. Senior Planner Ridley gave a staff report. Mayor Awada opened the public hearing. The applicant was present in support of the requested variance and responded to several clarifying questions from the Council. There being no public comment, the Mayor closed the public hearing and turned discussion back to the Council. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a 0.22 percent Variance from the 20 percent maximum building coverage in Residential zoning districts for the construction of a st 352 square foot living space addition and a 14 square foot wall ?bump out? for Lot 5, Block 4, Westbury 1 Addition in the NE ¼ of Section 22. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a one and one-half foot Variance on the 10-foot side yard setback standard in Residential zoning district for the construction of a 352 st square foot living space addition and a 14 square foot wall ?bump out? for Lot 5, Block 4, Westbury 1 Addition in the NE ¼ of Section 22. Aye: 5 Nay: 0 OLD BUSINESS PROJECT 796, CEDAR CLIFF / MARI ACRES FINAL ASSESSMENT ROLL City Administrator Hedges discussed this item regarding the final assessment roll for Project 796 (Cedar Cliff / Mari Acres street overlay and clarified an error regarding the amount of the final assessment in relation to the estimate in the Feasibility Report. Eagan City Council Meeting Minutes September 3, 2002 Page 4 Councilmember Tilley moved, Councilmember Bakken seconded a motion to receive the Final Assessment Roll for Project 796 (Cedar Cliff / Mari Acres ? Street Overlay) and schedule a public hearing to be held on October 1, 2002. Aye: 5 Nay: 0 PROJECT 852 POST ADDITION / RUSTIC HILLS DRIVE / OSTER ADDITION ? STREET REHABILITATION City Administrator Hedges discussed this item and requested that it be continued until the September 17, 2002 Council meeting to allow staff additional time for clarification of discrepancies. Councilmember Bakken moved, Councilmember Tilley seconded a motion to continue consideration of Project 852 until the September 17, 2002 City Council meeting. CONSIDER JOINT AIRPORT ZONING BOARD INDEMNIFICATION AGREEMENT City Administrator Hedges introduced this item regarding the World-Chamberlain Field Joint Airport Zoning Board and the Minneapolis-St. Paul International Airport Zoning Ordinance. City Attorney Dougherty stated he has reviewed and is comfortable with the agreement. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the Indemnification and Cooperation Agreement Regarding the Wold-Chamberlain Field Joint Airport Zoning Board and the Minneapolis-St. Paul International Airport Zoning Ordinance. Aye: 5 Nay: 0 ORDINANCE AMENDMENT CHAPTER 6 ENTITLED ?OTHER BUSINESS REGULATION AND LICENSING? City Administrator Hedges discussed this item regarding an amendment to Chapter 6 of the City Code entitled ?Other Business Regulation and Licensing? in regard to distribution of proceeds from lawful gambling. Mayor Awada stated she was opposed to the ordinance amendment due to excess micromanagement by local government. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve an Ordinance amendment to the Eagan City Code Chapter Six entitled ?Other Business Regulation and Licensing? by adding Section 6.35, Subd. 5, regarding distribution of proceeds; and by adopting by reference Eagan City Code Chapter 1 and Section 6.99. Aye: 4 Nay: 1 Mayor Awada opposed. PREMISES PERMIT ? METRO BASEBALL LEAGUE City Administrator Hedges discussed this item regarding a Premises Permit for the Metro Baseball League to sell pull tabs at Joe Senser?s Sport Grill and Bar. The item was continued from the August 20, 2002 Council meeting. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve a Premises Permit for Metro Baseball League to sell pull tabs at Joe Senser?s Sport Grill and Bar. Aye: 5 Nay: 0 SITE PLAN REVIEW ? PARKVIEW GOLF CLUB City Administrator Hedges introduced this item regarding modifications to the approved site plan for the Parkview Golf Club Driving Range. Senior Planner Ridley gave a brief overview of the proposed modifications which include the installation of poles and protective nets and elimination of the northern most row of the new parking area. Shane Korman, representing Parkview Golf Club, discussed plans for the installation of poles and protective nets that would vary between 75 ? 100 feet in height. Eagan City Council Meeting Minutes September 3, 2002 Page 5 Two residents expressed their opposition to the height of the proposed netting. Councilmembers agreed that a more specific design of the netting area is needed, specifically where the 100 foot netting would be used. After further discussion, the Council agreed that 100? tall poles and netting would not be appropriate at this site. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the Parkview Golf Club Driving Range Site Plan modification in regard to parking stalls. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Tilley seconded a motion to deny the Parkview Golf Club Driving Range Site Plan modification regarding the addition of 75-100 foot tall poles and nets. Aye: 5 Nay: 0 NEW BUSINESS CERTIFICATION OF THE PRELIMINARY 2003 BUDGET AND PROPERTY TAX LEVY, SET TRUTH- IN-TAXATION HEARING DATES, AND CHANGE THE DATE OF THE FIRST REGULAR COUNCIL MEETING IN DECEMBER City Administrator Hedges gave an overview of the preliminary 2003 budget and property tax levy that was presented to the Council in detail at their August 27, 2002 special workshop. He stated that the budget will be presented in detail for the Council and public at a public hearing to be held December 2, 2002. Mayor Awada moved, Councilmember Bakken seconded a motion to approve the preliminary 2003 property tax levy as follows: Aye: 5 Nay: 0 General Revenue levy: General Fund $ 16,514,300 Equipment Revolving Fund 800,000 Major Street Fund 1,102,500 General Facilities Renewal/Replacement 110,250 Subtotal ? General Revenue levy 18,527,050 Community Center bonds debt service 1,038,800 Cedarvale Special Services District 3,000 Total levy $ 19,568,850 Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve the preliminary General Fund budget of $21,351,650 plus a contingency of $427,050. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to set the initial Truth-in- Taxation hearing date for Monday, December 2, with a continuation hearing date (if necessary) of Tuesday, December 10. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Tilley seconded a motion to change the date of the first regular city Council meeting in December from December 3 to December 2. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT ? SPECTRUM INVESTMENT GROUP, LLC City Administrator Hedges introduced this item regarding requests for conditional use permits to operate a Class I restaurant and serve on-sale liquor, and requests for a variance to allow 9? X 18? parking stalls and a 15 foot Eagan City Council Meeting Minutes September 3, 2002 Page 6 setback variance from TH 55 and Blue Gentian Road to be located at 1030 Blue Gentian Road. Senior Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to operate a Class I restaurant on Lot 1, Block 1, Spectrum Business Park, located at 1030 Blue Gentian Road in the NW ¼ of Section 2 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. All wall and freestanding signage shall comply with applicable provisions of the City Code. 3. Wall signage shall be limited to the south and west elevations of the building. 4. The trash enclosure shall be constructed of the same materials utilized on the restaurant and shall comply with applicable provisions of the Zoning Ordinance. 5. All wall and pole mounted light fixtures shall be shielded so as to reduce glare. 6. The applicant shall provide the total green area on the site plan, in addition to the percentage. 7. Parking lot design shall be revised to avoid conflicts with vehicle storage and maneuvering. 8. All mechanical equipment shall be completely screened from public rights-of-way. 9. Structures shall be acoustically constructed so as to achieve the interior sound level of 50 dBA. 10. Architectural elevation plans shall be revised to incorporate the following: a. the same building materials and windows shall be utilized on all elevations of the building. b. No more than 15 percent of any wall surface o each elevation shall be constructed of vinyl or wood. 11. The landscape plan shall be revised to incorporate the following: a. Additional deciduous and coniferous plantings shall be installed to increase the value of the plan. b. Screening, including shrubs and berming, shall be installed along Blue Gentian road and TH 55, as required by the Zoning Ordinance. c. A state registered landscape architect or state-certified nurseryperson shall prepared the landscape plan. 12. The developer shall provide evidence of private ingress/egress easements between Lots 1 and 2, Spectrum Addition for review and approval by the City Attorney prior to building permit approval for the proposed development of Lot 1. The applicant withdrew request for variance regarding parking stall dimensions. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to serve on-sale liquor. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a 15-foot parking setback Variance from TH-55 and Blue Gentian Road. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT ? SPECTRUM INVESTMENT GROUP, LLC City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to operate a hotel; a Variance request to allow 9? x 19? parking stalls; a 15 foot parking setback variance from TH-55, and a 5- foot parking setback Variance from Blue Water Road. Senior Planner Ridley gave a staff report. The applicant discussed modifications to the layout of the parking stalls, and then withdrew the application for a variance for the dimensions of parking stalls. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to operate a hotel on property located at 2775 Blue Gentian Road subject to the following conditions: Aye: 5 Nay: 0 Eagan City Council Meeting Minutes September 3, 2002 Page 7 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder?s Office within 60 days of approval. 2. All wall and freestanding signage shall comply with applicable provisions of the City Code. 3. The trash enclosure shall comply with all applicable provisions of the Zoning Ordinance, including minimum setback, minimum height, and material standards. 4. An additional material, such as brick or stone, shall be incorporated into exterior elevation plan as an accent. 5. The same building materials and windows shall be utilized on all elevations of the building. 6. The landscape plan shall be revised to incorporate the following: a. Additional deciduous and coniferous plantings shall be installed to increase the value of the plan. b. Screening, including shrubs and berming, shall be installed along Blue Gentian Road and TH 55 to screen the parking, as required by the Zoning Ordinance. c. The landscape plan shall be prepared by a state-registered landscape architect or state- certified nurseryperson. d. A landscape screen shall be planted around ground mounted mechanical equipment. 7. All wall and pole mounted light fixtures shall be shield so as to reduce glare. 8. Structures shall be acoustically constructed so as to achieve the interior sound level of 50dBA. 9. The developer shall provide evidence of private ingress/egress easements between Lots 3 and 2, Spectrum Addition for review and approval by the City Attorney prior to building permit approval for the proposed development of Lot 3. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a 15-foot parking setback Variance from TH-55. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a 5 foot parking setback Variance from Blue Water Road. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT AND FINAL PLANNED DEVELOPMENT MAGNUM DEVELOPMENT City Administrator Hedges introduced this item regarding a Planned Development Amendment and Final Planned Development to allow a retail building and a pylon sign to be located at 2020 Cliff Road. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a planned development amendment and Final Planned Development to allow a retail building and a pylon sign for Lot 2, Block 1, Hadler Park, located at 2020 Cliff Road in the NE ¼ of Section 31, subject to the following conditions: Aye: 5 Nay: 0 1. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City prior to building permit issuance. 2. The following exhibits are required for the Final Planned Development Agreement: ? Final Site/Signage Plan ? Final Building Elevations/Signage Plan ? Final Landscape Plan ? Final Site Lighting Plan 3. The site shall be developed in accordance with the above referenced final plans. 4. Six parking stalls in the easterly area shall be eliminated as well as the north easterly sidewalk area and replaced with a curbed and landscaped island to increase the amount of green space on the site. This change shall be reflected on a revised Site Plan to be submitted for incorporation into the PD Agreement. 5. Trash enclosures shall be attached to the principal building and constructed consistent with City Code standards (i.e. six to ten feet in height, materials that match the principal building, gates or doors that are at least 90% opaque for screening, etc.). 6. A two to three foot berm shall be provided along the front of the parking lot adjacent to Cliff Road. Eagan City Council Meeting Minutes September 3, 2002 Page 8 7. The developer shall provide evidence of private ingress/egress easements between Lots 1, 2, and 3 Hadler Park Addition for review and approval by the City Attorney prior to building permit approval for the proposed development of Lot 2. 8. Rooftop mechanical equipment shall not be visible from the street or off the property. 9. One pylon sign shall be allowed east of the driveway access to Cliff Road. The sign height shall not exceed 22 feet (same as the Walgreen?s sign), and the area shall not exceed 101 square feet (area proposed) and it shall be located 300 feet west of the existing Walgreen?s pylon sign. The pylon sign base shall incorporate architectural features (i.e. block and brick base) to match the proposed building. 10. The final landscape plans shall incorporate other plant materials to screen the parking from Cliff road (i.e. additional shrub beds, ornamental trees, evergreen trees) similar to the landscape plan for the adjacent Lot 1. 11. Site lighting shall match the site lighting of existing developments within the Hadler Park PD and shall utilize shoebox fixtures and be painted brown. All site lighting shall be shielded and directed downward such that the source of light is not directly visible from off the property. 12. No outdoor display, or storage, shall be allowed. 13. No outdoor loudspeaker advertising shall be allowed. 14. This development is responsible for cash parks and trails dedications payable at the time of building permit issuance at the rates then in effect. REZONING ? CITY OF EAGAN City Administrator Hedges introduced this item regarding a rezoning from RB-Roadside Business to PD ? Planned Development and a Preliminary Planned Development for approximately 8 acres located at the southwest corner of Nicols Road and Diffley Road. Senior Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a rezoning from RB- Roadside Business to PD- Planned Development of approximately 8 acres located at the southwest corner of Nicols Road and Diffley Road in the NW ¼ of Section 30 (Tax PIN 10-03000-011-27). Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Preliminary Planned Development for approximately 8 acres located at the southwest corner of Nicols Road and Diffley Road in the NW ¼ of Section 30 (Tax PIN 10-03000-011-27). Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN TEXT AMENDMENT CITY OF EAGAN City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Text Amendment to be sent to the Metropolitan Council for review and approval. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Comprehensive Guide Plan Text Amendment to be sent to the Metropolitan Council for review and approval. Aye: 5 Nay: 0 ADJOURNMENT The Mayor called a recess at 9:00 p.m. and immediately convened a meeting of the Economic Development Authority. After adjournment of the EDA, the Mayor reconvened the Council meeting at 9:10 p.m., concluded the cable broadcast portion and introduced ?Visitors to be Heard?. There being no public comment, the Council meeting was adjourned at 9:11 p.m. The Council then retired into a Closed Session to consider current and pending litigation. _____________________________ ___________________________________ Date Deputy City Clerk Eagan City Council Meeting Minutes September 3, 2002 Page 9 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) 681-4600, (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.