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09/07/2004 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota September 7, 2004 A Listening Session was held by the City Council in the Eagan Room at 6:00 p.m. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, September 7, 2004 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire. Also present were Administrative Services Director Gene VanOverbeke, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Bob Bauer and Administrative Secretary / Deputy Clerk Mira McGarvey. AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS 2004 FIRE DEPARTMENT ROOKIE CLASS Fire Chief Kriha introduced the 2004 Fire Department Rookie Class and discussed their on-going training. CONSENT AGENDA Consent Agenda item H was moved to the Administrative Agenda for discussion. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the Consent Agenda. Aye:5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the August 17,2004 regular City Council meeting, the August 24, 2004 special City Council meeting, and the August 10, 2004 special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Katie Gerloff as a part-time seasonal preschool program assistant. 2. It was recommended to approve the hiring of two persons to be recommended as Park Maintenance Workers. 3. It was recommended to accept the resignation of Marilyn Wucherpfennig, Planning Aide in the Community Development Department. 4. It was recommended to approve the change in status of the Accounts Payable Clerical Technician position from full-time status (40 hours/week to part-time status (34 hours/week). C. Check Registers. It was recommended to ratify the check registers dated August 19, 2004, August 26,2004 and September 2, 2004 as presented. D. Depository Services Resolution. It was recommended to approve Depository Services Resolution 04-64 authorizing the Mayor and Chief Financial Officer/Treasurer to continue to be signers on the City's US Bank accounts. E. Acceptance of Donation. It was recommended to accept a $1,000 donation from Dennis Fox for the 04-65 purchase of equipment for the City's water rescue boat. F. Tree Contractor License. It was recommended to approve a Tree Contractor License for Green Leaf Tree Service, Inc., 1102 4th St., St. Paul, MN. G. Tobacco License. It was recommended to approve a Tobacco License for The Metro Group ofMN, LLC (Shell Station) at 1650 Diffley Road. H. Scope of Work and Cost Proposal Moved to Administrative Agenda I. Extension for Recording Plat. It was recommended to approve an extension to record the Final Plat for Central Maintenance Addition, located south of Yankee Doodle Road at Coachman Road. Eagan City Council Meeting Minutes September 7,2004 Page 2 J. Assessment Agreement - Project 790R. It was recommended to approve an assessment agreement with Northwest Airlines for Project 790R (Central Parkway - Storm Drainage) and authorize the Mayor and City Clerk to execute all related documents for recording at the County. K. Contract 02-15B. It was recommended to approve the final payment for Contract 02-15B (Community Center - Site Work Improvements) in the amount of$53,176.96 to Frattalone, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. L. Contract 03-04. It was recommended to approve the final payment for Contract 03-04 (Gift of Mary - Street and Utility Improvements) in the amount of$27,11O.83 to SM Hentges, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. M. Contract 04-02. It was recommended to approve the final payment for Contract 04-02 (Citywide - Street Overlay Improvements) in the amount of$26,487.80 to Northwest Asphalt, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. N. Contract 04-04. It was recommended to receive the bids for Contract 04-04 (Lexington Avenue, Trunk Highway 55 to Lone Oak Road - Street Improvements) and award the contract to Max Steininger, Inc., for the Base Bid in the amount of$I,289, 124.00, and authorize the Mayor and City Clerk to execute all related documents. O. Project 874. It was recommended to receive the Final Assessment Roll for Project 874 (TH 55 North Frontage Road/Gift of Mary - Street and Utility Improvements) and schedule a public hearing to be held on October 5, 2004. P. Project 894. It was recommended to receive the Final Assessment Roll for Project 894 (Coachman Land Company, Century Pointe, Donald Court - Street Overlay) and schedule a public hearing to be held on October 5, 2004. Q. Project 898. It was recommended to receive the Final Assessment Roll for Project 898 (Terminal Drive- Street Overlay) and schedule a public hearing to be held on October 5, 2004. R. Changer Order #1. Contract 04-0. It was recommended to approve Change Order #1, Contract 04-07 (Lexington Ridge Court - Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. S. Easement Vacation. It was recommended to receive the petition to vacate public easements within the Imre / Robert O'Neil Homestead / Robins Additions and schedule a public hearing to be held on October 5, 2004. T. Placement of Snoopy Statue. It was recommended to authorize the placement of a Snoopy statue inside the Eagan Community Center. U. Final Plat. It was recommended to approve a Final Plat (Herriges-Eagan Addition) to create one lot for three separate properties, property ID numbers are: 101680001203, 101680001103, and 101680001303 04-66 located in the NW t.4 of Section 17. PUBLIC HEARINGS VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENT LOT 5, BLOCK 1, ROYAL OAKS Administrative Services Director VanOverbeke introduced this item regarding the vacation of a public drainage and utility easement at 927 Wild Rose Court. Public Works Director Colbert 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 Fields moved, Councilmember Tilley seconded a motion to approve the vacation of a portion of public drainage and utility easement on Lot 5, Block 1, Royal Oaks (927 Wild Rose Court) and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 VARIANCE - DANIEL AND MICHELLE LODAHL Administrative Services Director VanOverbeke introduced this item regarding a request for a 4.5% variance to the 20% maximum building coverage in an R-l, Single Family Residential Zoning District located at 1361 Grace Drive. City Planner Ridley gave a staff report. Eagan City Council Meeting Minutes September 7, 2004 Page 3 Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Discussion was held regarding a previous variance request, made by the developer of the property, which was denied for lack of demonstrated hardship. Councilmembers agreed the house proposed for the subject lot is too large and does not warrant a variance based on hardship. Councilmember Maguire moved, Council member Tilley seconded a motion to direct Findings of Fact for Denial for a 4.5% Variance to exceed the 20 percent lot coverage for Lot 8, Block 1, Marcella Woods Addition, located at 1361 Grace Drive in the SW y.. of Section 34. Aye: 5 Nay: 0 NEW BUSINESS PRELIMINARY 2005 GENERAL FUND BUDGET AND TAX LEVY Administrative Services Director VanOverbeke discussed this item regarding the 2005 General Fund Budget and Tax Levy. It was noted that the City Council had reviewed the proposed budget and property tax levy at a Special City Council meeting on August 24, 2004. A brief discussion was held. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the preliminary payable 2005 property tax levy as follows: Aye: 5 Nay: 0 General Revenue levy: General Fund Major Street Construction Fund Equipment Revolving Fund General Facilities Renew/Replace Fund Market Value Homestead Credit Subtotal - General Revenue levy Community Center bonds debt service Cedarvale Special Services District Total levy $17,168,300 1,131,802 821,261 121,551 1.300.000 20,542,914 1,204,823 2.000 $ 21,749,737 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the preliminary General Fund expenditure budget, including contingency, of$22,950,400. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to set the initial Truth-in- Taxation hearing date for Monday, December 6, with a continuation hearing date (if necessary) of Monday, December 13. Aye: 5 Nay: 0 Councilmember Fields moved Councilmember Tilley seconded a motion to change the date of the second regular City Council meeting in December from December 21 to December 13. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT - ROSEVILLE PROPERTIES Administrative Services Director VanOverbeke introduced this item regarding a request for a Conditional Use Permit for a 10,000 gallon above ground tank and a Conditional Use Permit for outdoor storage of various construction materials at 2955 Eagandale Boulevard. City Planner Ridley gave a staff report. Hugh Cullen, Roseville Properties, discussed the proposed outdoor storage, stating it will be seasonal. He also discussed the use of the proposed above ground tank. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit for a 10,000 gallon above ground tank on Lot 17, Block 4, Eagandale Center Industrial Park subject to the following conditions: Aye: 5 Nay: 0 Eagan City Council Meeting Minutes September 7, 2004 Page 4 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit for outdoor storage of various construction materials on Lot 17, Block 4, Eagandale Center Industrial Park 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. All outdoor storage materials and location shall be limited to the items and location shown on submitted plan dated August 17,2004. (Concrete block, oil tank and assorted rebar) 3. The above ground tank shall be placed at the specified location on the site plan dated August 17,2004 and shall adhere to requirements of the Minnesota Uniform Fire Code 2000 edition. 4. Landscape material as proposed on submitted site/landscape plan dated August 17,2004 shall be installed no later than June 1,2005. 5. Installation of the tank shall follow requirements of the Minnesota Uniform Fire Code 2000 edition. 6. The tank shall have protective bollards surrounding its location as approved by the Eagan Fire Marshal and, the Eagan Fire Marshal shall approve a method for dispensing and securing the tank from improper or unauthorized dispersion of oil. 7. The outdoor storage shall not exceed nine feet in height. REZONING AND FINAL PLANNED DEVELOPMENT - JEWISH COMMUNITY CENTER (CAMP BUTWIN) Administrative Services Director VanOverbeke introduced this item regarding a rezoning of approximately 84 acres from P, Park to PD, Planned Development, and a final planned development to memorialize the existing site conditions and future plans as part of a Camp Butwin Master Plan for the 84 acre site located off of 120th Street, within the Lebanon Hills Regional Park. City Planner Ridley gave a staff report. Brian Larson, representing the applicant expressed their opposition to payment of the existing trunk area storm sewer assessment obligation. Discussion was held by Councilmembers and staff regarding the condition of satisfying the existing trunk area storm sewer assessment obligation prior to the issuance of a building permit. The option of a payment agreement regarding the assessment was also discussed. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Rezoning of approximately 84 acres from P, Park to PD, Planned Development for property located off of 120th Street, within the Lebanon Hills Regional Park in the south half of Section 35. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to memorialize the existing site conditions and future plans as part of a Camp Butwin Master Plan for the 84 acre site located off of 120th Street, within the Lebanon Hills Regional Park in the south half of Section 35, subject to the following conditions. Aye: 5 Nay: 0 1. The property shall be platted prior to occupancy of any new construction. 2. The applicant shalI enter into a Final Planned Development Agreement with the City. Said agreement shall include the following exhibits: . Final Site Plan . Final Building Elevations Plan 3. Development shalI reasonably align with the following phasing schedule and without substantial deviation from the plan submitted: Phase I 2004-2005 . Remove existing Main building . Construct two-story Lodge Building 5,160 SF per level- 10,320 SF total . Construct two-story Retreat Center/Dormitory 2,460 SF per level - 4,920 SF total . Construct new 85' diameter turn around area for vehicle drop-off and emergency vehicle access . Road improvement from caretaker's house to new turn-around area Eagan City Council Meeting Minutes September 7,2004 Page 5 Phase II - Next five years . Replace existing caretaker's house and garage, connect to new septic system Phase III - Next ten years . Parking area improvements, road improvements from caretaker's house to 120th Street Phase IV - Next five to ten years . Recreation field improvements and new Recreation building; associated small gravel parking area; remove pole shed and concrete slab . Stable and Corral improvements; remove existing sheds and buildings, replace with new Stable building Phase V - Next five to fifteen years . Remodeling ViIlages 1 - 4 with toilet, storage additions and septic system upgrades . New Nature building and Arts and Crafts building Phase VI - Next five to twenty years . Trail expansion and interpretive areas development . Beach, boating and dock improvements 4. The Master Plan build shall not result in an impervious surface exceeding 2.5%. 5. AIl new building development associated with the Master Plan shall be located outside of the 150' OHWM setback except for toilet additions to villages 1,2, and 4. 6. The Lodge and Retreat Center buildings exterior treatment shall include rockface block at lower walkout levels, stained wood and cement-fiber board siding at the main level, and stained cedar shingles at gable sides waIls; log framing at porches and decks, wood decks, Timberline textured shingles, aluminum clad wood windows and doors. 7. AIl future phase buildings associated with the Master Plan shall incorporate the same material palette. 8. The applicant shall be responsible for satisfying the existing trunk area storm sewer assessment obligation in the amount of$115,497 or reach a payment agreement with the City prior to issuance of a building permit. 9. The applicant shaIl install tree protection fencing to protect trees near construction areas. 10. With the history of oak wilt within the camp, the applicant shall exercise extreme caution when performing any construction activity near existing oak woodlands. It would be best to perform construction from September to March to avoid creating new oak wilt infection areas. ORDINANCE AMENDMENT - CITY OF EAGAN ZONING MAP UPDATE Administrative Services Director VanOverbeke introduced the following item regarding an Ordinance Amendment updating the zoning map of the City. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a resolution authorizing the publication of the Zoning Map of the City of Eagan, Minnesota, pursuant to Chapter 11 Entitled "Land Use Regulations (Zoning)" Section 11.50 Subd. 5 of the City Code, incorporating all approved rezoning since the last map publication, administrative changes, known map errors, and MSP Noise Exposure Zones. Aye: 5 Nay: 0 04-67 Eagan City Council Meeting Minutes September 7, 2004 Page 6 ORDINANCE AMENDMENT - CITY OF EAGAN CHAPTER 11, SECTION 11.60 - NONCONFORMING BUILDING AND USES Administrative Services Director VanOverbeke introduced this item regarding a proposed Ordinance Amendment to delete the nonconforming building and uses section specific to the CGD-Cedar Grove District zoning district. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Maguire seconded a motion to adopt an Ordinance Amendment deleting Chapter 11, Section 11.60, Subdivision 21, K, Nonconforming Buildings and Uses section from the CGD District and direct the City Attorney's office to publish the amendment in the legal newspaper. Aye: 5 Nay: 0 CAPONI PROPERTY ACQUISITION / CAPONI ART PARK UPDATE Administrative Services Director VanOverbeke provided an update on the Caponi Property Acquisition. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE Administrative Services Director VanOverbeke discussed proposed correspondence to the Metropolitan Airports Commission with comments on the proposed Part 150 document. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve comments to the Metropolitan Airports Commission on the proposed part 150 Document. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA Scope of Work and Cost Proposal, Northeast Eagan Land Use Study Discussion was held regarding proposed cost and payment source for the study. The "Study Advisory Committee" was discussed in regard to potential members. It was also noted that Laukka-Beck should be included in interviews of stakeholders within the study area. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the scope of work and cost proposal of Hoisington-Koegler Group, with Ehlers and Associates and SRF as subcontractors to perform the Northeast Eagan Land Use Study. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 8:20 p.m. \~~ IJ lL/YI1 jJ-Uu '7 ';<0 0 ~ I Date 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.