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06/01/2004 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota June 1,2004 A regular meeting of the Eagan City Council was held on Tuesday, June 1,2004 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, Assistant to City Administrator Dianne Miller, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira McGarvey. AGENDA City Administrator Hedges noted that the following items would be continued. Consent Agenda items Sand T; Old Business items A and C; and New Business Item F. He also noted that the Economic Development Authority meeting would be cancelled. Councilmember TilIey moved, Councilmember Carlson seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENT A TIONS POLICE STAFF AND CITIZENS WHO HAVE SHOWN EXEMPLARY SUPPORT OF PUBLIC SAFETY Recognition was given to Fire Chief Bob Kriha, his son, Dan Kriha and Eagan Citizen Gerilyn Kusnierek for recently saving the life of Colonel Robert Haggan. Colonel Haggan subsequently donated defibrillator equipment to the Eagan Fire Department and was recognized for the donation. PUBLIC ACCESS DEFIBRILLATION A presentation was made by ChiefTherkelsen and Health East on a proposed Public Access Defibrillation Program for the City. Councilmember Fields moved, Councilmember Tilley seconded a motion to adopt a resolution in support of the 04-41 Public Access Defibrillation Program. Aye: 5 Nay: 0 2003 COMPREHENSIVE ANNUAL FINANCIAL REPORT City Administrator Hedges introduced this item regarding the 2003 Comprehensive Annual Financial Report. Matt Mayer of Kern, DeWenter, Viere, Ltd., along with Chief Financial Officer Tom Pepper, made a presentation. Councilmember Fields moved, Councilmember TilIey seconded a motion to receive and accept the 2003 Comprehensive Annual Financial Report (CAFR). Aye: 5 Nay: 0 CONSENT AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the balance of the Consent Agenda. Aye:5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the May 18, 2004 regular City Council meeting and the May 11, 2004 special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Tara Lefler and Ryan Perkl as seasonal water resources assistants. 2. It was recommended to approve the hiring of Rachel Sablack as a skating school instructor. Eagan City Council Meeting Minutes June 1,2004 Page 2 3. It was recommended to approve the hiring of Kimberly Drebenstedt as a part-time guest service representative at the Community Center. 4. It was recommended to approve the 2004-2005 collective bargaining agreement with the Police Sergeants bargaining unit (Law Enforcement Labor Services, Inc.). 5. It was recommended to approve the2004-2006 collective bargaining agreement with the Public Works/Parks Maintenance bargaining unit (Teamsters Local 320). C. Check Registers. It was recommended to ratify the check registers dated May 20, 2004, and May 27,2004 as presented. D. Sale of City Property. It was recommended to approve the proposal for the sale of City Property at the northwest corner of Highway 3 and Diffley Road to Excel Development in the amount of$475,000. E. Findings of Fact. It was recommended to adopt the Findings of Fact, Conclusions and Resolution of Denial for variances to lot coverage for Lots 2, 3, 4,6,7,8, 12, 13, 14 Block 1, Marcella Woods. F. Final Subdivision and Final Planned Development. It was recommended to approve a Final Subdivision (Nicols Ridge) for phase I and Final Planned Development to create 88 lots, 56 attached townhomes, and 32 row houses (8 buildings, 4 each) for property in the SW Y4 of Section 19 south of Cedarvale Mall. G. Agreement. It was recommended to approve a Letter of Understanding between the City of Eagan and Health Partners and authorize the Mayor and City Clerk to sign the appropriate documents to initiate the Health Partners Frequent Fitness Program at the Eagan Community Center effective July 1, 2004. H. Revised Eagan Community Center Membership Fees. It was recommended to approve the revised Eagan Community Center fitness membership fees to include classes effective September 1,2004 through January 1,2006. I. Project 905. It was recommended to receive the draft feasibility report for Project 905 (Long AcresILebanon Hills Regional Park - Storm Sewer Improvements) and schedule a public hearing to be held on July 6, 2004. J. 5 Year CIP. It was recommended to approve the 5-year Capital Improvement Plan for 2005-2009 and authorize the initiation of the pubic improvement process for the 2005 programmed improvements. K. Winter Trail Maintenance Program. It was recommended to approve the Winter Trail Maintenance Program for 2004-2005. L. Project 790R. It was recommended to approve the Final Assessment Agreement with Unisys Corporation (Parcell 0-79950-020-01) for Project 790R (Central Parkway - Street & Utility Improvements) and authorize its certification to Dakota County for collection. M. Contract 04-04. It was recommended to approve a revised bid opening date for Contract 04-04 (Lexington Avenue, Trunk Highway 55 to Lone Oak Road - Street and Utility Improvements) to be held at 10:30 a.m. on Thursday, July 29,2004. N. Contract 04-04. It was recommended to approve a Construction Agreement for Contract 04-04 (Lexington Avenue, Trunk Highway 55 to Lone Oak Road - Street Improvements) with Dakota County Transportation Department and authorize the Mayor and City Clerk to execute all related documents. O. Project 01-T. It was recommended to acknowledge the completion of Contract 01-T (Eagan Preserve- Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. P. 2004 Parks and Recreation Department CIP. It was recommended to approve the Parks and Recreation Department's 2004 CIP. Q. Joint Powers Agreement. It was recommended to approve a Joint Powers Agreement that would allow the City of Eagan to continue its participation in the Dakota County Drug Task Force. R. Minutes. It was recommended to approve a revision to the Listening Session Minutes of May 4,2004. S. Findings of Fact. Withdrawn from agenda T. Findings of Fact. Withdrawn from agenda U. Consumer Fireworks Sales Applications. It was recommended to approve license applications for fireworks sales pending successful review of applications and background checks for the following: Cub Foods, Sam's Club, All American Recreation, Byerly's, Wal-Mart, Collectors Paradise, Grace Slavic Baptist Church, Valley Lounge, Target and Oasis Markets. V. Project 759R. It was recommended to approve a revised public hearing date for Project 759R (Cedar Grove Parkway - Street Improvements) to be held on July 6, 2004. W. Management Plan - Anderson Parcel. It was recommended to adopt the resolution approving the management plan for the Anderson Parcel, and authorize Mayor's signature. 04-42 04-43 Eagan City Council Meeting Minutes June 1,2004 Page 3 X. Extension of Plat. It was recommended to approve a 30 day extension to the 60-day recording deadline to record the Patrick Eagan Park Addition plat through July 7, 2004. PUBLIC HEARINGS DRAINAGE AND UTILITY EASEMENT VACATION - 4648 F AIRW A Y HILLS DRIVE City Administrator Hedges introduced this item regarding the vacation of a portion of public drainage and utility easement on Lot 7, Block,l Fairway Hills. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. Joe Miller, adjacent property owner, expressed concern regarding drainage onto his property. Public Works Director Colbert stated staffwill be reviewing plans for the revised drainage pattern. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the vacation of a portion of public drainage and utility easement on Lot 7, Block 1, Fairway Hills and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 PROJECT 669 - DUCKWOOD RING ROAD OFFICIAL MAP City Administrator Hedges introduced this item regarding the Duckwood Drive - Ring Road Concept official map. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. Three residents spoke expressing their opposition to the Ring Road concept plan. They discussed increased noise levels and safety issues in relation to increased traffic congestion and asked that Council involve residents in the area prior to making a final decision. Staff and Council explained that neighborhood meetings and public hearings would be held prior to any final plans for the Ring Road proceeding. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the City of Eagan Right of Way Map No. 669-2 for Project 669 (Duckwood Drive - Ring Road Concept) and file the official map with the County Recorder. Aye: 5 Nay: 0 OLD BUSINESS REZONING - CEDARSTONE DEVELOPMENT This item was continued with the adoption of the agenda. REZONING, PRELIMINARY SUBDIVISION AND PRELIMINARY PLANNED DEVELOPMENT- METROPOLITAN OFFICE CONDOS LLC City Administrator Hedges introduced this item regarding a proposed rezoning from LB, Limited Business to PD, Planned Development, a Preliminary Subdivision (Northwood Office Condos) to create six lots and a Preliminary Eagan City Council Meeting Minutes June 1, 2004 Page 4 Planned Development to allow multiple office condos on property located between Pilot Knob Road and Interstate 3SE. City Planner Ridley gave a staff report. Jim Faulker, Faulkner Construction, made a presentation, along with one of the owners of the proposed dental building who discussed signage for the building. A representative of Metropolitan Office Condos discussed the proposed exterior building materials of the office condos. Councilmembers discussed the design and configuration of the proposed buildings, and signage issues. It was agreed to continue consideration of the planned development to allow the developer additional time to provide information regarding the following: 1. More brick and detailing on back and sides of office condo buildings (excluding dentist's building) 2. Detailed site plans locating all monument and pylon signs 3. More compatibility and consistency in monument signs (different options) 4. Pylon size options 5. Break in rear roof line of the office condo buildings Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of a Rezoning, Preliminary Subdivision and Preliminary Planned Development for property located East of Pilot Knob Road at Marice Drive between Sherman Court and 1-35E to the June IS 2003 Council meeting. Aye: 5 Nay: 0 REZONING - ROBERT F. MCDONALD This item was continued to the June 15,2004 City Council meeting during the adoption of the agenda. EASEMENT ACQUISITION AND ASSESSMENT AGREEMENT CITY OF EAGAN AND CEDAR V ALE BUSINESS CENTER CONDITIONAL USE PERMIT AND VARIANCE - REALTY DESIGNS City Administrator Hedges provided an overview of an Easement Acquisition and Assessment Agreement between the City of Eagan and Cedar Vale Business Center, a Conditional Use Permit for a pylon sign and a variance of 10 feet to the sign setback requirement on property located at 3902-3938 Cedar Grove Parkway. These items were continued from previous City Council meetings. Community Development Director Hohenstein discussed the status of the easement acquisition and assessment agreement. City Planner Ridley gave an update regarding the conditional use permit and variance. Discussion was held regarding the Easement Acquisition and Assessment Agreement and the size of the pylon sign. Councilmember Maguire moved, Councilmember Carlson seconded a motion to approve an Easement Acquisition and Assessment Agreement between the City of Eagan and the Cedarvale Business Center for property located at 3902-3938 Cedar Grove Parkway. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit for a pylon sign, located at 3902-3938 Cedar Grove Parkway, 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 90 days of approval. 2. A sign permit shall be obtained from the City prior to installation of the pylon sign. 3. The applicant must petition the City to vacate the drainage and utility easement. 4. The drainage and utility easement vacation must be approved prior to issuance of the CUP, and if such vacation is denied, the sign shall be located outside of the drainage and utility easement. S. The existing free-standing sign shalI be removed prior to instalIation of the pylon sign. Eagan City Council Meeting Minutes June 1,2004 Page 5 6. The pylon sign shall be located as shown on the site plan received by the City on October 15,2003 and designed as shown on the plan dated June 1,2004. 7. A curbed, landscaped island shall be provided around the pylon sign within the parking lot. A landscape plan shall be submitted with the sign permit application for staff review and approval and shall be implemented with the instaIlation of the sign. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Variance often feet to the sign setback requirement, for property located at 3902-3938 Cedar Grove Parkway. Aye: S Nay: 0 WESCOTT WOODLANDS "NO PARKING" PETITION City Administrator Hedges introduced this item regarding a request for "No Parking" signs on the cul-de-sac at the south end of Wescott Woodlands. Public Works Director Colbert gave a staff report. Chief of Police Therkelsen stated the Police Department is in favor of the "No Parking" restriction. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the request to install "No Parking" signs on the cul-de-sac at the south end of Wescott Woodlands and order the installation of the signs. Aye: 5 Nay: 0 INTERIM USE PERMIT - RESOURCE ENVIRONMENTAL SERVICES City Administrator Hedges introduced this item regarding the continuation of a compost site on Outlots G & H Gopher Eagan Industrial Park 2nd and Lot I, Block I, Gopher Eagan Industrial Park 2nd Addition. City Planner Ridley gave a staff report. John Tapper, Gopher Resources, discussed the compost site and the request for continuation of the Interim Use Permit. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve an Interim Use Permit to allow continuation of a compost site on Outlots G and H Gopher Eagan Industrial park 2nd Addition located at 80S Yankee Doodle Road, subject to the following conditions. Aye: 5 Nay: 0 1. The permit shall expire June 1,2009. 2. The Interim Use Permit shall be recorded within 60 days of its approval by the City Council. 3. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. An irrigation system shall be install, operated and maintained to control dust. INTERIM USE PERMIT - CEDAR GROVE PROPERTIES, LLC City Administrator Hedges introduced this item regarding an Interim Use Permit to allow the continuation of an existing school for Independent School District 191 located at 3920-3988 Sibley Memorial Highway. City Planner Ridley gave a staff report. Dianne Peterson, representing the property owner, and representatives of ISD 191 were present to answer questions. Councilmember Fields moved, Councilmember Carlson seconded a motion to approve an Interim Use Permit to allow for 6,000 square feet of the existing Cedarvale Shopping Center to continue to be used as a special needs program for School District 191, located at 3920-3988 Sibley Memorial Highway subject to the following conditions: Aye: 5 Nay: 0 1. The permit shall terminate upon the earlier of redevelopment or July 31,2008. Eagan City Council Meeting Minutes June 1, 2004 Page 6 2. The Interim Use Permit shall be recorded within 60 days of approval by City Council. 3. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. School operations shall be limited to 8:00 a.m. - 3:00 p.m. 5. All students shall be bussed to and from the site. 6. No school recreational activities shall be allowed on-site outside of the Cedarvale building. PLANNED DEVELOPMENT AMENDMENT - MANLEY LAND DEVELOPMENT EXTERIOR DESIGN AND SIGNAGE City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow design, size and location changes to the building signage, the addition of a vestibule and arched canopy roof to the building facade, a reduction in height of the center unit space, elimination of seven cabled canopies, and the addition ofa decorative metal rail above the windows on three building elevations on one of the commercial buildings on property located at 1625 Lena Court. City Planner Ridley gave a staff report. Kurt Manley, Manley Land Development discussed the proposed design changes to the planned development. Councilmember Maguire stated his concern and displeasure with the developer's explanation of how the work was performed prior to Council approval. CounciImember Carlson moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to allow design, size and location changes to the building signage, the addition of a vestibule and arched canopy roof to the building fayade, a reduction in height of the center unit space, elimination of seven cabled canopies, and the addition of a decorative metal rail above the windows on three building elevations on one of the commercial buildings on property located at 1625 Lena Court, legally described as Lot 2, Block 1, Centennial Ridge 2nd Addition, in the NW t.4 of Section 28, subject to the following conditions. Aye: 4 Nay: I Maguire opposed 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. Recording of the Agreement must be completed prior to issuance of a sign or building permit. 2. A sing permit must be obtained prior to installation of any sign. 3. A building permit must be obtained prior to completion of the vestibule and canopy. 4. The Planned Development Amendment approval is for building 2 only. Any proposed changes to building 1 would require further Planned Development Amendment approval from the City Council. PLANNED DEVELOPMENT AMENDMENT SPEEDW A Y SUPERAMERICA, LLC City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow outdoor display at the Super America store, located at 2250 Cliff Road. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow outdoor display at the Super America store, located at 2250 Cliff Road subject to the following conditions. Aye: 5 Nay: 0 1. The Planned Development Amendment Agreement must be executed and recorded. 2. The display area is limited to 60 square feet. 3. The display area shall not extend more than five feet from the principal building and shall not exceed four feet in height. 4. The location ofthe display area is limited to the area designated on the site plan. 5. No items for display or storage are allowed at the gas pumps. 6. The items for display are limited to firewood, windshield washer fluid, salt, propane, and soda. Eagan City Council Meeting Minutes June 1,2004 Page 7 PLANNED DEVELOPMENT A.MENDMENT - PELLICCI, INC, City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow outdoor storage at 1565 Cliff Road. City Planner Ridley gave a staff report. Safety issues were discussed in relation to a proposed propane tank at the rear of the building in close proximity to a daycare center, the visibility of the tank to Lifetime Fitness and the appropriateness of the tank at the strip retail center. Councilmember Tilley moved, Council member Maguire seconded a motion to approve a Planned Development Amendment to allow outdoor display at the hardware store in Thomas Lake Center, located at 1565 Cliff Road subject to the following conditions. Aye: 5 Nay: 0 I. The Planned Development Amendment Agreement must be executed and recorded. 2. The display area is limited to 60 square feet in the aggregate. 3. The display area shall not extend more than five feet from the principal building and shall not exceed four feet in height. 4. The location of the display area and items to be displayed is on the south side, in front of the building. 5. The items for display are limited to lawn and snow equipment, salt, soils and mulch. Councilmember Tilley moved, Councilmember Fields seconded a motion to direct the City Attorney to prepare Findings of Fact for Denial of a planned development amendment to allow the outdoor storage of a propane tank on property located at 1565 Cliff Road. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT - MSP COMMERCIAL Continued to the June 15,2004 City Council meeting with adoption of the agenda. PLANNED DEVELOPMENT AMENDMENT - DIEDRICH BUILDERS, INC, City Administrator Hedges introduced this item regarding a Planned Development Amendment to increase the berm along Diffley Road by two feet and to increase the porch size for Lots 5, 9, 10 and 17 and to add a two foot cantilever on the units on Lots 5, 8, 9, and 10 for Eagan Townhomes 3rd Addition. City Planner Ridley gave a staff report. Bill Diedrich, Diedrich Builders, discussed the proposed increases to the porch sizes. The owners of one ofthe town home units were present to discuss their desire for additional porch space. A neighboring resident expressed concern over future construction and the visual intrusion into existing units. The Council, staff and applicant discussed the possibility of additional landscaping. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to increase the berm along Diffley Road by two feet for Eagan Townhomes 3rd Addition, subject to the following condition. Aye: 5 Nay: 0 I. The Planned Development Amendment Agreement must be executed and recorded. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of a Planned Development Amendment to increase the porch size for Lots 5, 9, 10 and 17 and to add a two foot cantilever on the units on Lots 5, 8 9 and 10 until the June 15,2004 meeting. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes June 1,2004 Page 8 PLANNED DEVELOPMENT AMENDMENT - MSB TIRES, LLC City Administrator Hedges introduced this item regarding a planned development amendment to allow a vehicle maintenance and repair service located at 2270 Cliff Road. City Planner Ridley gave a staff report. Jim Diamond, representing MSB Tires, LLC was present to answer questions of the Council. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to allow a vehicle maintenance repair service (Tires Plus, Oil Lube) on Lot 1, Block 1, Oak Cliff 9th Addition, subject to the following conditions. Aye: 5 Nay: 0 I. 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: a. Final Site Plan b. Final Landscape Plan c. Final Building Elevations Plan d. Final Signage Plan e. Final Lighting Plan 3. The proposed Tires Plus and Lube shall match the adjacent Super America and Penn Cycle stores both in color and materials. 4. Signage is limited to the Final Signage plan, additional signage will warrant a PD Amendment. 5. All rooftop mechanical equipment shall be screened from view of all public rights-of-way ad adjacent properties. 6. A revised Site plan shall be submitted reflecting a minimum of22% green space. 7. The pylon sign shall not have sign area or sign height that exceeds the smaller of the existing pylon signs for SuperAmerica or Penn Cycle (90 s.f. and 27'). 8. The applicant shall provide evidence, in a form acceptable to the City Attorney, of private drive easement serving this property. 9. The developer shall be responsible for a cash park and cash trails dedication at the time of building permit. 10. Window signage (except open/closed and hours of operation) shaIl be prohibited. 11. A ten square foot directional sign for the oil change facility shall be allowed as proposed by the applicant. VISITORS TO BE HEARD Patrick Murphy expressed concern regarding the number of cars being parked on and adjacent to property neighboring his home. He stated there are as many as nine cars being parked there. Council instructed staff to investigate the situation and follow up with Mr. Murphy. ADJOURNMENT \ 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.