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03/06/2006 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota March 6, 2006 A regular meeting of the Eagan City Council was held on March 6, 2006 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Fields, Tilley, Maguire and Carlson. 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 Council member Maguire moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 CONSENT AGENDA Councilmember Maguire commented on item D regarding Fire Department Relief Association Bylaws. At the request of Council member Maguire, Park and Recreation Director Johnson discussed item I regarding fees and policies, and item N regarding concessions operations. Councilmember Carlson moved, Council member Fields seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the February 21,2006 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Connie Edwards as a full-time Clerical Tech III in the Community Development Department. 2. It was recommended to approve the hiring of Janet Bolger as a full-time Clerical Tech II in Administrative Services. C. Check Registers. It was recommended to ratifY the check registers dated February 23,2006 and March 2, 2006 as presented. D. Firefighters Relief Association Bylaws. It was recommended to approve the Eagan Firefighters Relief Association Bylaws Subject to City Administrator and City Attorney Satisfaction. E. Tree Contractor License. It was recommended to approve a Tree Contractor License for Aspenwall Tree Service. F. Premise Permit. It was recommended to adopt a Resolution approving a Premise Permit Renewal for the 06-07 Knights of Columbus Council 7604 to conduct pulltab operations at Coopers Restaurant, 4185 S. Robert Trail, and Starks Saloon, 3125 Dodd Road. . G. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easement within Lots 1 and 2, Block 1 Oakview Center Addition and schedule a public hearing to be held on April 4, 2006. H. Proiect 918. It was recommended to approve an Agreement with Dakota County for Engineering, Construction, Right-of-Way Acquisition and Traffic Control Signals for Project 918 (Pilot Knob Road and Lone Oak Road - Street and Traffic Signal Improvements) and authorize the Mayor and Deputy City Clerk to execute all related documents. \. Parks & Recreation Fees and Charges Policy. It was recommended to approve the Parks and Recreation Fees and Charges Policy. J. Parks & Recreation Public Art and Memorials Policy. It was recommended to approve the Parks and Recreation Public Art and Memorials Policy. K. Annual Maintenance - ECC. It was recommended to approve the annual maintenance shutdown for the Eagan community Center from August 27 through September 4, 2006. L. Revised Park Classification System. It was recommended to adopt a revised classification system for City parks. Eagan City Council Meeting Minutes March 6, 2006 Page 2 M. DNR Outdoor Recreation Grant. It was recommended to approve a resolution of support and authorize the submission of a DNR Outdoor Recreation Grant Application for improvements to Thresher Fields Park, and the Mayor and City Clerk to sign the required application materials. N. RFP - Concession Products. It was recommended to authorize the advertisement for request for proposals for concession products to be sold in the various concessions operations operated by Eagan Parks and Recreation. O. Liquor License and Tobacco License. It was recommended to approve an Off-Sale Liquor License and a Tobacco License for K & J Liquors, LLC, 4182 Pilot Knob Road. 06-08 PUBLIC HEARINGS CLIFF LAKE CENTRE 3RD ADDITION EASEMENT V ACA T10N (LOT 2, BLOCK 1) & FINAL PLANNED DEVELOPMENT (1965 Cliff Lake Road) City Administrator Hedges introduced this item regarding the vacation of a portion of a public drainage and utility easement and a Final Planned Development to construct a 14,375 square foot multi-tenant retail building located 1965 Cliff Lake Road. Public Works Director Colbert discussed the easement vacation. 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, Council member Tilley seconded a motion to approve the vacation of a portion of a public drainage and utility easement within Lot 2, Block 1, Cliff Lake Centre 3rd Addition and authorize the Mayor and Deputy City Clerk to execute all related documents. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Final Planned Development to construct a 14,375 square foot multi-tenant retail building located at 1965 Cliff Lake Road in the SW 1;4 of Section 29. Aye: 5 Nay: 0 OLD BUSINESS PROJECT 937, LONE OAK P ARKW A Y TRAIL IMPROVEMENTS City Administrator Hedges introduced this item regarding trail improvements for Lone Oak Parkway. Public Works Director Colbert provided background information. Councilmember Fields moved, Councilmember Tilley seconded a motion to reconsider and approve Project 937 (Lone Oak Parkway Trail Improvements). Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to authorize the preparation of detailed plans and specifications for Project 937. Aye: 5 Nay: 0 NEW BUSINESS PRELIMINARY SUBDIVISION (GUSTAFSON ADDITION) RICK GUSTAFSON City Administrator Hedges introduced this item regarding a preliminary subdivision of2.38 acres to create two single family lots; a variance for the existing garage setback of 16 feet; and a variance to allow existing detached accessory structures exceeding 800 square feet in area for property located at 543 Red Pine Lane. City Planner Ridley gave a staff report. Rick Gustafson, applicant discussed their objection to the establishment of a 30-foot conservation easement around the adjacent pond as recommended by the Advisory Parks and Recreation Commission. Two neighboring property owners encouraged the Council to require the conservation easement around the pond. Eagan City Council Meeting Minutes March 6, 2006 Page 3 Council discussed modifications to the proposed conservations easement such as tree maintenance and allowing existing uses (fire pit) to continue. Councilmember Carlson moved, CounciImember Fields seconded a motion to approve a Preliminary Subdivision (Esmeralda Addition) of2.38 acres to create two single family lots located at 543 Red Pine Lane in the NE 1;4 of Section 36; subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: AI, BI, 4, Cl, 01, E1. 2. The property shall be platted. 3. Both lots are subject to a maximum of25% impervious surface. 4. The shed located on Lot 1 shall be moved to Lot 2 prior to building permit being issued for Lot I. 5. The existing house on Lot 2 and the future home on Lot 1, shall be connected to the City sanitary sewer and water systems in conjunction with this development. 6. All existing septic and well systems shall be abandoned according to Dakota County rules and regulations. 7. The developer shall construct a manhole on the sanitary sewer stub and a hydrant on the water main stub from Red Pine Lane, in accordance with City engineering standards. 8. A cash dedication in lieu of on-site water quality ponding should be required for this development. 9. An individual tree preservation plan shall be submitted at time of building permit for Lot I. 10. A conservation easement shall be provided over the 30-foot buffer area around the pond, in a form acceptable to the City Attorney. II. Maintenance within the conservation easement can continue by the applicant along with use of a firepit in its current state. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Variance for the existing garage setback of 16' from the public right-of-way for property at 543 Red Pine Lane in the NE 1;4 of Section 36, subject to the following conditions: Aye: 5 Nay: 0 1. The variance only applies to the existing 1, 120 square foot garage. 2. If the garage is destroyed by over fifty (50%) percent in value, any replacement or reconstruction of the garage shall be made in compliance with zoning setbacks and other ordinances in effect at the time of replacement or reconstruction. Council member Carlson moved, Councilmember Fields seconded a motion to approve to allow existing detached accessory structures exceeding 800 sq. ft. in area for property at 543 Red Pine Lane in the NE 1;4 of Section 36, subject to the following condition: 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 extension has been granted by the Council. Such extension shall be requested in writing at leasUO days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. ORDINANCE AMENDMENT - CITY CODE CHAPTER 10.12 PERT AINING TO THE LICENSING FOR KEEPING CARRIER PIGEONS WITHIN THE CITY City Administrator Hedges introduced this item regarding an ordinance amendment pertaining to the licensing for keeping carrier pigeons. It was noted that several e-mails had been received asking the Council to reconsider the ordinance amendment. Eric Drenckhahn, 2811 Pilot Knob Road, discussed the proper keeping of racing pigeons and requested that Council reconsider the proposed ordinance amendment. It was the consensus of Council to further discuss this issue at a work session. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of an ordinance amendment of City Code Chapter 10.12 pertaining to licensing for keeping carrier pigeons within the City. Eagan City Council Meeting Minutes March 6, 2006 Page 4 Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE Public Works Director provided an update on Dakota County Plat Commission consideration of granting a variance to the County's access spacing guidelines to allow a % access median break at the main entrance to the proposed Diffley Market Place development east of Lexington Avenue and south of Diffley Road. The regular City Council meeting was recessed at 7:40 p.m. and a meeting of the Economic Development Authority was immediately convened. The Economic Development Authority recessed at 7:50 and an Executive Session ofthe City Council was immediately convened. The regular City Council meeting was reconvened at 8: 15 p.m. ADMINISTRATIVE AGENDA There were no items. 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 8:45 p.m. Aye: 5 Nay: 0 lJJ;tiAdJ t, d~C~ 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.