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04/18/2006 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota April 18, 2006 A Listening Session was held prior to the regular City Council meeting at 6:00 p.m. in the Eagan Room. Present were Mayor Geagan, Councilmembers Fields, Maguire, Carlson and Tilley. Residents of the Red Pine Crossing area were present to express their concerns regarding the proposed mixed commercial retail / office development to be located southeast of Red Pine Lane and Highway 3. Council directed staff to arrange a meeting with the residents to address their concerns. A regular meeting of the Eagan City Council was held on April 18, 2006 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, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. RECOGNITIONS AND PRESENTATIONS Linda Bendt, Administrative Secretary for the Fire Department was recognized for her 23 years of service to the City. Eric Macbeth, Water Resources Coordinator discussed efforts of Eagan Hardware Hank, Home Depot, Jerry's Garden and Nursery Center, Pellicci Ace Hardware, Sam's Club, Target, and Wal-Mart to protect and improve lake water quality within the City of Eagan. AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 CONSENT AGENDA City Administrator Hedges noted an item to be added under personnel. Councilmember moved, Mayor seconded a motion to approve the consent agenda as presented. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the April 4, 2006 regular City Council meeting and the March 28, 2006 City Council retreat as presented. B. Personnel Items. I. It was recommended to approve the hiring of Heidi Savre and Robert Mattson as part-time fitness attendants at the Community Center. 2. It was recommended to approve a memo of understanding for the Police Sergeants Association health insurance. C. Check Registers. It was recommended to ratifY the check registers dated April 6, 2006 and April 13, 2006 as presented. D. Premise Permit Renewal. It was recommended to adopt a Resolution approving a Premise Permit renewal 06-14 for the Eagan Athletic Association to conduct a pull-tab operation at AI Bakers, 3434 Washington Drive. E. Contract -Auction Services. It was recommended to approve a contract with the City of Burnsville for auction services in conjunction with the City of Burnsville auction to be held on May 6, 2006. F. On-Sale Liquor License. This item was continued indefinitely. G. Extension for Recording Final Plat. It was recommended to approve an extension to May 29, 2006 to record the Final Plat for Kennerick Third Addition, located west of Pilot Knob Road and north of Lone Oak Road in the SE V4 of Section 4. H. Schedule Public Hearing. It was recommended to receive a request from the Eagan Economic Development Authority and schedule a Public Hearing on June 6, 2006 to consider the potential establishment of the redevelopment plan for Southeast Eagan Redevelopment Project Area No. I and the Establishment of Eagan City Council Meeting Minutes April 18, 2006 Page 2 Southeast Eagan Tax Increment Financing (Renewal and Renovation) District No.1 in the area of southeast Eagan bounded by Highway 3, Red Pine Lane, Biscayne A venue and Gun Club Road. I. Findings of Fact. It was recommended to confirm the Findings of Fact, Conclusions and Resolution of 06-15 Denial of the amendment to the Preliminary Planned Development for Diffley Marketplace to allow driveway access for the development to Daniel Drive. J. Project 778. It was recommended to schedule an environmental assessment public hearing for Project 778 (Trunk Highway 149 - Street Upgrade) to be held on June 6, 2006. K. REMOVED Project 934. L. Settlement A~xeement. It was recommended to approve a settlement agreement with Nolan & Nolan vs. the City of Eagan and MNDOT, and authorize the Mayor and City Clerk to execute all related documents. M. Contract 06-02. It was recommended to approve Change Order No.1 to Contract 06-02 (Citywide - Street & Sidewalk Improvements) and authorize the Mayor and City Clerk to execute all related documents. N. Donation. It was recommended to accept a donation of $2,000 from City and County Credit Union for the Eagan Live Jive summer entertainment series. O. Advertisement for Bid. It was recommended to authorize the advertisement for bid for three improvement projects identified for the Civic Arena by the independent utility audit completed for the building. P. Advertisement for Bid. It was recommended to authorize the advertisement for bid for the construction of Captain's Course, a nine-hold miniature golf course within Cascade Bay. Q. BCBSM Active Community Grant. It was recommended to approve the City's participation in a Joint Application for a Blue Cross / Blue Shield of Minnesota Active Community Assessment and Engagement Grant opportunity. R. Resignation. It was recommended to accept the resignation of Valerie Dosland from the Eagan Airport Relations Commission. S. Amendment to T-Mobile Lease. It was recommended to authorize the Mayor and City Clerk to sign an amendment to T-Mobile Lease Q-430 shifting the area ofht lease so as to avoid a gas line. T. MNDOT Right ofWav Turnbacks. It was recommended to authorize the acceptance of various "turnbacks" of Minnesota Department of Transportation (MnDOT) right-of-way to the City of Eagan and the expenditure for the associated processing. U. Surplus Property. It was recommended to declare bicycles, unclaimed property and miscellaneous City property to be surplus and sold at the Burnsville city auction on May 6, 2006. V. Proclamation. It was recommended to proclaim May 20,2006 and the month of May as Arbor Month in the 06-16 City of Eagan. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 PUBLIC HEARINGS VARIANCE - WOODGATE TOWNHOMES City Administrator Hedges introduced this item regarding a request for 20-foot Variances from the required 30-foot front yard setback for Lots 6, 7, 10, 11 and 15, Block 4 and Lots 2,3, and 7, Block 5 of Wood gate 3rd Addition for the repair or replacement of existing decks. City Planner Ridley 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 Maguire moved, Councilmember Tilley seconded a motion to approve 20-foot Variances from the required 30-foot front yard setback for Lots 6, 7, 10, 11 and 15, Block 4 and Lots 2,3, and 7, Block 5 of Woodgate 3rd Addition for the repair or replacement of existing decks subject to the following conditions. Aye: 5 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. A building permit must be approved for each deck prior to construction. Eagan City Council Meeting Minutes April 18, 2006 Page 3 3. All decks must provide a site plan showing the location of the deck edge and footings, and show that all footings are constructed outside the 10 foot drainage and utility easement along Walnut Lane, at least 25-feet from the curb edge. 4. The encroachment into the setback will not increase. OLD BUSINESS INTERIM USE PERMIT - LESLEY TSCHERNE City Administrator Hedges provided background information regarding the request for a Interim Use Permit to allow a kennel, by definition, upon residential property located at 3812 Blackhawk Ridge Place. This item was previously discussed at the March 21, 2006 City Council meeting. City Planner Ridley provided a site location. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an Interim Use Permit to allow a kennel, by definition, upon residential property located at 3812 Blackhawk Ridge Place, subject to the following conditions: Aye: 5 Nay: 0 1. The Interim Use Permit shall be recorded against the property at Dakota County. 2. The premises are allowed no more than four (4) guest dogs at anyone time. 3. The applicant must maintain a current kennel license issued by the City. 4. No full-time boarding of animals for commercial purposes may occur on this property. 5. The operations of the kennel must comply with the standards in Chapter 10 of the City Code regarding the keeping of animals. 6. The Interim Use Permit shall expire on April 18,2011. NEW BUSINESS PRELIMINARY SUBDIVISION (OLDRE ADDITION) - HAFSTAD REALTY City Administrator Hedges introduced this item regarding a Preliminary Subdivision to create two single-family lots upon one acre and a Variance to allow lots with less than 50' of public street frontage and a lot width less than 85 feet for property located at 2900 Skyline Drive. City Planner Ridley gave a staff report. Councilmember Carlson discussed the proposed driveway and additional curb cut onto Skyline Drive. She suggested that the driveway for the new lot be a shared driveway with the existing home. Wally Hafstad, representing the owners, of the property discussed the history of the property and the proposed subdivision. He stated he did not see a problem with combining the driveways to prevent an additional curb cut onto Skyline Drive. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision (Oldre Addition) to create two single family lots upon one acre and a Variance to allow lots with less than 50' of public street frontage and a lot width less than 85 feet for property located at 2900 Skyline Drive, in the SE V4 of Section 4, subject to the following conditions: Aye: 5 Nay: 0 I. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993; AI, BI, B4, Cl, DI, El. 2. The property shall be platted. 3. Architectural designs and construction methods for construction ofa new single-family home on Lot I shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA. 4. The new house on Lot 1 shall be located so as not to create further erosion of the ravine banks. 5. The new house on Lot I shall be subject to stringent temporary and permanent erosion control measures to protect the ravine banks from erosion. An erosion control plan shall be submitted to City staff for approval prior to the issuance of a building permit for Lot 1. 6. An Individual Lot Tree Preservation Plan shall be submitted at the time of building permit application for Lot 1. Eagan City Council Meeting Minutes April 18, 2006 Page 4 7. A cash dedication in lieu of on-site water quality ponding should be required for this development. The dedication is payable at the time of final subdivision at the rates then in effect. 8. This development shall be responsible for a cash parks and trails dedication on Lot I, payable at the time of final plat at the rates then in effect. 9. The new house on Lot I shall have a shared driveway with the existing house with cross easements being created in a form acceptable to the City Attorney. Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve a Variance request for an existing detached accessory structure exceeding 576 square feet in area for the existing single-family home at 2900 Skyline Drive. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, PRELIMINARY SUBDIVISION, CONDITIONAL USE PERMIT AND VARIANCE - EPIC DEVELOPMENT City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment to change the land use designation of 4.4 acres from QP, Quasi-Public, to LD, Low Density residential; and companion items of a rezoning of 12.8 acres to R-2, a preliminary subdivision of 12.8 acres to create 30 lots; and a Conditional Use Permit & Variance for a free standing cell tower located west ofl-35E and south of Deerwood Drive. City Planner Ridley gave a staff report. Perry Ryan, applicant, stated he prefers to install the public improvements privately with no assessments to the adjoining properties. He also discussed the conditions regarding erosion / sediment control plans and a cash dedication in lieu of treatment ponding. Several residents expressed their concern over the possible assessment for the public improvements, drainage issues, increased traffic in the area, and tree removal. City staff addressed the questions and concerns. It was the consensus of the Council that the developer be allowed to install the public improvements privately. Councilmember Fields moved, Councilmember Tilley seconded a motion to direct that a Comprehensive Guide Plan Amendment to change the land use designation from QP, Quasi-Public, to LD, Low Density residential, upon approximately 4.34 acres located west ofI-35E and south of DeeTWood Drive be submitted to the Metropolitan Council for review and approval. Aye: 5 Nay: 0 ORDINANCE AMENDMENT - CITY OF EAGAN City Administrator Hedges discussed this item regarding an Ordinance Amendment to Chapter II, Section 11.60, Subd. 23, Cedar Grove District (CGD) in regard to design review due to the dissolution of the City's Economic Development Commission. Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve an Ordinance Amendment to Chapter II, Section 11.60, Subd. 23, Cedar Grove District (CDG) in regard to Design Review and direct the City Attorney to prepare and publish the amendment in the legal newspaper. Aye: 5 Nay: 0 AUTHORIZA TION FOR RESOLUTION OF GREYHA WK EASEMENT ACQUISITION City Administrator Hedges discussed a dispute that has arisen between the owner of a single family lot and the Greyhawk Homeowners Association concerning the private street and maintenance obligations, and the owner of the single family residence parking vehicles on his property in a location that obstructs the association's use of the trail. He outlined possible options for the Council to consider. Gary Fuchs, representing the Greyhawk Homeowners Association discussed the situation and stated that the homeowners simply wanted use of the trail as was intended when the property was developed. Mark Gergen, developer of the Greyhawk Addition stated that he took responsibility for not securing the trail easement prior to the sale of the single family property to a third party. He stated he would continue to work with the property owners to get the problems resolved. Eagan City Council Meeting Minutes April 18, 2006 Page 5 Jacob Inglesen, owner of the single family residence, stated that he felt he has been harassed over the trail issue by the residents in the homeowners association. He stated that he would not have purchased his home had he known about the trail easement. The Council discussed the matter and agreed that, if necessary, the trail easement could be acquired via eminent domain. They encouraged the developer to continue his efforts in acquiring the trail easement as an obligation of the development agreement. Councilmember Carlson moved, Councilmember Tilley seconded a motion to direct staff to pursue the acquisition of a trail easement at the current trail location through eminent domain if after 30 days the developer has been unsuccessful in fulfilling the obligation of the development agreement. Aye: 5 Nay: 0 LEG ISLA TIVE 1 INTERGOVERNMENTAL AFFAIRS UPDATE The regular City Council meeting was recessed at 8:50 p.m. and a meeting of the Economic Development Authority was immediately convened. The EDA immediately recessed to have a closed session (at the end ofthe regular City Council meeting) to discuss negotiations for the potential acquisition of the Kent Myers 1 Eagle Valley Bank property at 3900 Sibley Memorial Highway. The regular City Council meeting was reconvened at 8:51 p.m. ADMINISTRATIVE AGENDA Assistant to the City Administrator Dianne Miller discussed the recommendation of the Airports Relations Commission to proceed with Phase II of the Eagan Noise Study being conducted by Wyle Laboratories in regard to the opening of Runway 17/35. Councilmember Tilley moved, Councilmember Fields seconded a motion to directed staff to proceed with Phase II of the Noise Study. 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 9:00 p.m. Aye: 5 Nay: 0 4Ju.J I ( .J,tj~? 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). 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