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02/07/2006 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota February 7, 2006 A Listening Session was held February 7, 2006 at 6:00 p.m. prior to the regular City Council meeting. Mayor Geagan and Councilmembers Tilley, Maguire, and Carlson were present. A regular meeting of the Eagan City Council was held on February 7, 2006 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Tilley, Maguire and Carlson. (Councilmember Fields arrived at 7:30). Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Bob Bauer, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that item A under New Business regarding a license to house pigeons is being continued to the March 21, 2006 Council meeting. Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 RECOGNITIONS AND PRESENT A TIONS NORTH WATER TREATMENT PLANT AWARD Public Works Director Colbert discussed the expansion and renovation of the recently completed North Water Treatment Plant located on Coachman Road at the City's Central Maintenance Facility. Jim Norton ofSEH presented a plaque acknowledging a Grand Award from the American Council of Engineering Companies of Minnesota for the water treatment plant expansion and renovation. 2005 EAGAN PHOTO CONTEST WINNERS Communications Director Garrison presented the winning amateur photographers and their photos. DEMONSTRATION OF WEBCASTING OF CITY MEETINGS Communications Director Tom Garrison and Coordinator Joanna Foote demonstrated the City's new webcasting capability. CONSENT AGENDA Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the January 17,2006 regular City Council meeting as presented. 8. Personnel Items. 1. It was recommended to acknowledge the internal transfer of Mike Widstrom from Utilities Maintenance Worker to Streets Maintenance Worker. 2. It was recommended to acknowledge the hiring of Andrew Rapaway and Jeffrey Thul as Police Officers. 3. It was recommended to accept the resignation of Jeff Asfahl, Superintendent of Recreation. 4. It was recommended to approve the policy and implementation of the 2006 Compensation Plan for Parks and Recreation seasonal employees. C. Check Registers. It was recommended to ratity the check registers dated January 19,2006 and January 26, 2006 and February 2, 2006 as presented. D. Exempt Permit. It was recommended to adopt a Resolution approving an Application for Exempt Permit for Ducks Unlimited, Chapter 181 to conduct a raffle on April 25, 2006 at 2280 Cliff Road. 06-04 Eagan City Council Meeting Minutes February 7, 2006 Page 2 E. Tree Contractor License. It was recommended to approve a Tree Contractor License for Huston's Tree Service, 14847 Haven Drive, Apple Valley, MN. F. Fireworks Display Contract. It was recommended to approve the Fireworks Display Contract - RES Specialty Pyrotechnics - Eagan 4th of July Event. G. Beverage Provider. It was recommended to approve the selection of Holiday Inn of Burnsville as the exclusive beverage provider for the Eagan Community Center from March 2006 through February 2009 and direct staff to prepare the appropriate contract for the Mayor's signature. H. Catering Provider. It was recommended to approve the selection of Twin City Catering, Classic Catering and Eagan Green Mill as the exclusive catering providers for the Eagan Community Center from March 2006 through February 2009 and direct staff to prepare the appropriate contract for the Mayor's signature. I. Partnership - Medica, MRP A and City of Eagan. It was recommended to approve a partnership between MRP A, Medica and the City of Eagan to allow Medica members who join the ECC fitness center to participate in Medica's fitness reimbursement program and direct staff to prepare the appropriate agreements for the Mayor's signature. J. Expansion ofBCBS Partnership. It was recommended to approve the expansion of the existing BCBS partnership with the Eagan Community Center Fitness Center to include people covered under U-Care. K. Easement Vacation. It was recommended to receive the petition to vacate a portion ofa public drainage and utility easement within Lot 2, Block 1, Cliff Lake Centre 3rd Addition and schedule a public hearing to be held on March 6, 2006. L. City Code Amendment. It was recommended to authorize preparation of City Code Amendment to reassign architectural review responsibilities for development applications in the Cedar Grove Zoning District. M. Correction to Plat. It was recommended to approve a Correction to Plat to correct a lot dimension pertaining to Lot 1, Block 1, Oakview Center in the NW Y4 of Section 12. N. Stipulation of Settlement. It was recommended to approve the Stipulation of Settlement between the City and John Wayne Cina concerning the acquisition of the easements for Public Improvement Project No. 874, and authorize the Mayor and City Clerk to execute all related documents. PUBLIC HEARINGS YANKEE SQUARE ADDITION (BICENTENNIAL 6TH AND 7TH ADDITIONS) City Administrator Hedges introduced this item regarding the vacation of pubic drainage and utility easements within Lot 1, Block 1, Bicentennial 6th Addition and Lot 1, Block 2 Bicentennial ih Addition. Public Works Director Colbert gave a staff report and requested that Council continue consideration of the easement vacations to be concurrent with the Final Plat of Yankee Square Addition. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to continue consideration of vacating the pubic drainage and utility easements within Lot 1, Block I Bicentennial 6th Addition and Lot I, Block 2 Bicentennial 7th Addition to be concurrent with the Final Plat approval of Yankee Square Addition. Aye: 4 Nay: 0 VARIANCE - KEVIN CRARY City Administrator Hedges introduced this item regarding a request for a 14 foot Variance to the front setback for a 14' x 14' porch and a 10 foot Variance to the front setback for an 8' x 10' deck for property located at 1823 Jourdan Court. City Planner Ridley gave a staff report. The applicant's mother was in the audience and available for questions. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Mayor Geagan seconded a motion to approve a 14 foot Variance to the front (rear) setback for a 14' x 14' porch for property located at 1823 Jourdan Court in the NE Y4 of Section 17, subject to the following conditions: Aye: 4 Nay: 0 Eagan City Council Meeting Minutes February 7, 2006 Page 3 I. 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. The exterior materials of the porch addition shall match those ofthe principal structure. 3. The addition shall comply with all other applicable Zoning Ordinance provisions. 4. a building permit must be obtained prior to construction. 5. The porch addition is limited to 196 square feet. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve (or direct findings of fact for denial) a 10 foot Variance to the front setback (rear) for an 8' x 10' deck for property located at 1823 Jourdan Court in the NE Y4 of Section 17 subject to the following conditions: Aye: 4 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. A building permit must be obtained prior to construction. VARIANCE - STEVEN AND KA THRYNE FORSBERG City Administrator Hedges introduced this item regarding a Variance to the required 30 foot front yard setback to construct a covered porch addition on the font of a single-family dwelling at 733 Castleton Court. City Planner Ridley gave a staff report. The applicants were available for questions. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Variance to the required 30 foot front yard setback to construct a covered porch addition on the front of a single-family dwelling at 733 Castleton Court in the NW Y4 of Section 24 subject to the following conditions. Aye: 4 Nay: 0 I. 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. The porch addition shall not exceed the size shown on the proposed site plan. 3. The addition shall comply with all other applicable Zoning Ordinance provisions. 4. A building permit must be obtained prior to construction. NEW BUSINESS CARRIER / HOMING PIGEON LICENSE FOR DAHN DAO Councilmember Carlson moved, Councilmember Tilley seconded a motion to continue consideration of a License for a Carrier / Homing / Racing Pigeon License for Dahn Dao, 3880 Princeton Trail, to the February 21, 2006 Council meeting. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT INTERSTATE PARTNERS City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow healthcare operations in the office buildings to be located at 2805 Dodd Road and 2854 Highway 55. City Planner Ridley gave a staff report. Some discussion regarding parking needs occurred between staff, Council and Matthew Miller, applicant. Eagan City Council Meeting Minutes February 7, 2006 Page 4 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to allow healthcare operations in the office building to be located on Lot I, Block I, Grand Oak Five, at 2805 Dodd Road subject to the following conditions: Aye: 5 Nay: 0 I. The applicant shall execute and record a Planned Development Agreement at Dakota County within 60 days of the date of Council approval and proof of its recording be provided to the City. 2. Healthcare facilities will not exceed 25,000 usable SF total between Lot 1, Block I, Grand Oak Five and Lot 4, Block I, Grand Oak Five. 3. Procedures conducted within the facility shall be those of normal medical office providers (I.e. x-rays, intravenous injections, examinations, blood testing, minor out-patient surgical procedures, etc.) 4. There shall be no overnight stays or major surgeries allowed within the facility. 5. The space shall be designed, constructed, operated and maintained in a manner that will be compatible with the other business uses within the buildings in the business park. 6. The use shall not be harmful or endanger the public health, safety or welfare of the general public in any way. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to allow healthcare operations in the office building located on Lot 4, Block I, Grand Oak Five, at 2854 Highway 55 subject to the following conditions: Aye: 5 Nay: 0 I. The applicant shall execute and record a Planned Development Agreement at Dakota County within 60 days of the date of Council approval and proof of its recording be provided to the City. 2. Healthcare facilities will not exceed 25,000 usable SF total between Lot I, lock 1, Grand Oak Five and Lot 4, Block I, Grand Oak Five. 3. Procedures conducted within the facility shall be those of normal medical office providers (I.e. x-rays, intravenous injections, examinations, blood testing, minor out-patient surgical procedures, etc.) 4. There shall be no overnight stays or major surgeries allowed within the facility. 5. The space shall be designed, constructed, operated and maintained in a manner that will be compatible with the other business uses within the buildings in the business park. 6. The use shall not be harmful or endanger the public health, safety or welfare of the general public in any way. ORDINANCE AMENDMENT - CITY OF EAGAN City Administrator Hedges introduced this item regarding an Ordinance Amendment to Chapter II to establish exterior material and design standards for commercial and industrial development. City Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve an Ordinance Amendment to Chapter II to establish exterior material and design standards for commercial and industrial development and direct the City Attorney to prepare and publish the amendment in the legal newspaper. Aye: 5 Nay: 0 ORDINANCE AMENDMENT - CITY OF EAGAN City Administrator Hedges introduced this item regarding an Ordinance Amendment to establish buildings over 25,000 SF as a Conditional Use in the Neighborhood Business Zoning District. City Planner Ridley gave a staff report. Bill Griffith, Larkin Hoffinan, representing Diffley Ventures expressed concern that should this amendment be enacted prior to conclusion of the Diffley Marketplace project, there could be an adverse effect for the property owner should the current plan not proceed. City Attorney Bauer explained that the Diffley Marketplace property is zoned Planned Development and not affected by the amendment and, further, the amendment would not preclude a future application under NB zoning. Eagan City Council Meeting Minutes February 7, 2006 Page 5 A neighboring property owner to the proposed Diffley Marketplace stated he does not think the proposed amendment goes as far as it should to regulate the size of businesses that could be built adjacent to existing homes. Councilmembers Carlson and Maguire opined that the proposed amendment was appropriate in that it gives the City Council the ability to determine scale issues on a case by case basis. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an Ordinance Amendment to Chapter II to establish buildings over 25,000 SF as a Conditional Use in the Neighborhood Business Zoning District and direct the City Attorney to prepare and publish the amendment in the legal newspaper. Aye: 5 Nay: 0 ORDINANCE AMENDMENT - CITY OF EAGAN City Administrator Hedges introduced this item regarding an Ordinance Amendment to the Sign Ordinance to specity gas station canopy signage. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an Ordinance Amendment to the Sign Ordinance to specity gas station canopy signage and direct the City Attorney to prepare and publish the amendment in the legal newspaper. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE RECOMMENDATION OF THE NOISE OVERSIGHT COMMITTEE (NOC) COMMUNITY REPRESENT A TIVES TO MAINTAIN THE EXISTING NOC BYLAW CRITERIA PERTAINING TO PERMANENT REPRESENTATION ON THE NOC City Administrator Hedges discussed the recommendation of the Noise Oversight Committee pertaining to permanent community representation. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the recommendation of the current NOC community representatives to maintain the existing NOC bylaw criteria pertaining to permanent representation of the NOC by not agreeing to add any more permanent community representatives to the NOC. Aye: 5 Nay: 0 The regular City Council meeting was recessed at 8:00 p.m. and a meeting of the Economic Development Authority was immediately convened. The regular City Council meeting was reconvened at 8: 15 p.m. ADMINISTRA TIVE AGENDA 1. NPDES Permit Tracking Application / SEH Portal Services. Public Works Director Colbert discussed the consultant agreement that would provide the City with access to a website, maintained by SEH, dedicated for City staff to input data to provide all documentation needed to meet the City's National Pollutant Discharge Elimination System Permit and Minnesota Pollution Control Agency requirements. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the agreement for the Client Portal Services with the contractor, Short Elliott Hendrickson, Inc and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 8:20 p.m. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes February 7, 2006 Page 6 J~e7 r c21A1Z 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.