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2010-01-05 City Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota January 5, 2010 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Hansen and Fields. Councilmember Tilley was absent. Scott th Swenson, Chair of the Volunteer Executive Board, provided an update on the 150 Anniversary celebration. A regular meeting of the Eagan City Council was held on Tuesday, January 5, 2010 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Hansen and Fields. Councilmember Tilley was absent. Also present were City Administrator Tom Hedges, City Planner Mike Ridley, Public Works Director Tom Colbert, Community Development Director Jon Hohenstein, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that the applicant withdrew New Business, item A. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 4 Nay: 0 RECOGNITIONS AND PRESENTATIONS EAGAN’S SESQUICENTENNIAL CELEBRATION UPDATE th Scott Swenson, Chair of the Volunteer Executive Board, provided an update on the 150 Anniversary celebration. 2009 PICTURE EAGAN PHOTO CONTEST WINNERS The winners of the 2009 Eagan Photo Contest were recognized. CONSENT AGENDA City Administrator recognized the retirement of Virginia Discenza. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the Consent Agenda as presented. Aye: 4 Nay: 0 A. It was recommended to approve the minutes of the December 1, 2009 regular City Council meeting and the November 10, 2009 Special City Council meeting as presented. B. Personnel Items. 1. Accepted resignation (retirement) of Virginia Discenza as the Human Resources Specialist position and authorize replacement of the position 2. Accepted the resignation (retirement) of Greg Johnson, Lieutenant and authorize replacement of the position 3. Authorized hiring of Eric Tessmer, Patrol Officer 4. Approved change of the job title Engineering Secretary to Engineering Aide 5. Approved step increases for non collective bargaining employees and adopted IRS mileage rate effective January 1, 2010 for $.50 per mile 6. Accepted letter of resignation from Marlene Schuele, Clerical Tech IV in the Police Department and authorize replacement of the position City Council Minutes January 5, 2010 Page 2 C. It was recommended to ratify check registers dated December 10, 2009, December 17, 2009 and December 24, 2009 as presented. D. It was recommended to approve the final payment for Contract 08-13 (Sibley Terminal Storm Drainage Improvements) in the amount of $4,586.09 to G.F. Jedlicki, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. E. It was recommended to reschedule consideration of Project 1008, (Northview Park Road/Braddock Trail/Trotters Ridge/Stafford Place – Street Improvements) to future date. F. It was recommended to accept a $3,609.11 donation from the Eagan Citizen’s Crime Prevention Association (ECCPA). G. It was recommended to accept a Minnesota Department of Agriculture (MDA), Forest Protection Reserve Planning and Preparedness Grant in the amount of $89,000, to be used to implement a City program to manage and control the spread of Emerald Ash Borer, and authorize the Director of Parks and Recreation to sign the contract agreement and future related documents on behalf of the City. H. It was recommended to direct staff to initiate an Ordinance Amendment to Chapter 11, specifically as it relates to the expiration of Conditional Use Permits. I. It was recommended to approve a Final Subdivision (Eagan Fire Station No. 2) to separate approximately six acres from a 75-acre parcel to create one four-acre lot and associated right-of-way dedication, located at the southwest corner of Yankee Doodle Road and Wescott Woodlands. J. It was recommended to direct staff to initiate Ordinance Amendments to Chapter 11, specifically as they relate to general provisions, design standards and signage. K. It was recommended to authorize staff and the City Attorney’s office to proceed with the necessary land use application processes and appropriate lease negotiations for the installation of private telecommunications equipment at the Eagan Municipal Campus and at Northview Park. L. It was recommended to approve a resolution amending the 2010 payable Cedar Grove Special Service District levy to $600. M. It was recommended to accept a Grant from the State of Minnesota on behalf of the Dakota County Drug Task Force and approve a resolution authorizing execution of the agreement. N. It was recommended to approve amendments to existing telecommunication lease agreements with Verizon, Inc. for antenna upgrade installations on designated water reservoir sites and authorize the Mayor and City Clerk to execute all related documents. PUBLIC HEARINGS 2010 FEE SCHEDULE City Administrator Hedges discussed this item regarding adoption of the 2010 Fee Schedule establishing fees for various City services, supplies and materials. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion to the Council. Chief Financial Officer Pepper answered questions of the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing and adopt a resolution approving the 2010 Fee Schedule Establishing fees for various City services, supplies and materials. Aye: 4 Nay: 0 PROJECT 1022, OVERHILL FARM ADDITION STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding the Overhill Farm Addition street improvements. Public Works Director Colbert gave an overview of the City’s pavement management program. City Engineer Matthys gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion to the Council. City Council Minutes January 5, 2010 Page 3 Councilmember Hansen moved, Councilmember Fields seconded a motion to approve Project 1022, Overhill Farm Addition (Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0 PROJECT 1018, GREENSBORO ADDITIONS STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding the street improvements for Greensboro Additions and the alternate removal of Hunter Lane. City Engineer Matthys gave a staff report. Mayor Maguire opened the public hearing. Tom and Laura Hood expressed their support for the street overlay and removal of Hunter Lane and requested the Council vacate the right-of-way that Hunter Lane is located on. They also questioned future connection of Wescott Hills Drive to Wescott Woodlands. Public Works Director Colbert explained the history and past discussions that limit further consideration of this possible connection. There being no further public comment, Mayor Maguire turned discussion to the Council. Councilmember Bakken discussed the removal of Hunter Lane and proposed assessment for its removal. He also suggested that a house could be constructed where Hunter Lane is currently located if neighbors agreed. A discussion was held which included the possibility of a trail being installed. It was agreed that the issue would be directed to the Finance Committee for further discussion. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve Project 1018, Greensboro Addition (Street Improvements) with the Alternate (Hunter Lane removal), and authorize the preparation of detailed plans and specs. Aye: 4 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to accept the petition for the vacation of the public right-of-way of Hunter Lane and schedule a public hearing to be held on March 2, 2010. Aye: 4 Nay: 0 ND PROJECT 1026, NORTHVIEW MEADOWS 2 ADDITION STREET IMPROVEMENTS nd City Administrator Hedges introduced this item regarding street improvements for Northview Meadows 2 Addition. City Engineer Matthys gave a staff report. Mayor Maguire opened the public hearing. Bill White questioned the total cost of the project, the potential assessments and amount of interest that would be charged, the construction schedule and when an assessment hearing would be held. Public Works Director Colbert and Administrative Services Director VanOverbeke addressed Mr. White’s questions. There being no further public comment, Mayor Maguire turned discussion to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing nd and approve Project 1026, Northview Meadows 2 Addition (Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0 City Council Minutes January 5, 2010 Page 4 PROJECT 1027, PATRICK ROAD STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding Patrick Road street improvements. City Engineer Matthys gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion to the Council. Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve Project 1027, Patrick Road (Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0 VARIANCE – 4145 OLD SIBLEY HIGHWAY – GREGORY PREUSSE City Administrator Hedges introduced this item regarding a variance to the required 40-foot front yard setback to allow two existing sheds and a dumpster enclosure in the front yard on property located at 4145 Old Sibley Highway. City Planner Ridley gave a staff report. Gregory Preusse discussed the history of the property and the proposed variance. Ruthe Batulis, Dakota County Regional Chamber of Commerce spoke in favor of the proposed variance. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion to the Council. Councilmember Hansen proposed that the pressurized tanks be moved back inside the building. Mr. Preusse discussed the reasoning for storing the tanks outside the building. Mayor Maguire stated he would prefer to see the storage moved to a different location on the property. Discussion was held regarding the location of the storage and possible screening alternatives. After significant discussion regarding the aesthetics, location and function, it was determined that the existing location of the accessory buildings would be acceptable. Ultimately, the Mayor and Council agreed that the façade of the enclosure and the gate should be upgraded in a manner acceptable to City staff by 07- 01-10. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a 9-foot front yard setback variance to allow two existing sheds and a dumpster enclosure in the front yard on property nd located at 4145 Old Sibley Highway, legally described as Lot 1, Block 1, Preusse 2 Addition 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 shall be applied for within 60 days of Variance approval for the two existing sheds and dumpster enclosure. The structures shall meet City Code requirements. 3. The two sheds shall be located per the Site Plan received November 10, 2009 and constructed and painted per the Elevation Plan received November 10, 2009. 4. The applicant shall supply the material safety data sheet and quantities list to the Fire Marshal for review and approval. 5. The applicant shall remove all outdoor storage or apply for an Interim Use Permit within 60 days of Variance approval. City Council Minutes January 5, 2010 Page 5 6. The applicant shall provide an exterior material on the accessory buildings that is comparable to the principal building in both durability and color, and install a gate of comparable quality on the north side of the structures no later than 07-01-10, to be approved by City staff. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a 15-foot Variance to the required 20-foot side yard setback to allow two existing sheds and a dumpster enclosure in the nd front yard on property legally described as Lot 1, Block 1, Preusse 2 Addition, located at 4145 Old Sibley Highway 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 shall be applied for within 60 days of Variance approval for the two existing sheds and dumpster enclosure. The structures shall meet City Code requirements. 3. The two sheds shall be located per the Site Plan received November 10, 2009 and constructed and painted per the Elevation Plan received November 10, 2009. 4. The applicant shall supply the material safety data sheet and quantities list to the Fire Marshal for review and approval. 5. The applicant shall remove all outdoor storage or apply for an Interim Use Permit within 60 days of Variance approval. 7. The applicant shall provide an exterior material on the accessory buildings that is comparable to the principal building in both durability and color, and install a gate of comparable quality on the north side of the structures no later than 07-01-10, to be approved by City staff. OLD BUSINESS MEADOWLARK RIDGE HOUSING IMPROVEMENT AREA City Administrator Hedges introduced this item regarding the establishment of the Meadowlark Ridge Townhome Housing Improvement Area to finance improvements to the exterior common area and building systems. It was noted that a public hearing was held on December 15, 2009 and received background and testimony regarding the petition and the creation of the proposed district. Council directed preparation of the following documents. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an ordinance establishing the Meadowlark Ridge Housing Improvements Area. Aye: 4 Nay: 0 Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a resolution imposing fees on housing units within the Meadowlark Ridge Housing Improvement Area to finance improvements. Aye: 4 Nay: 0 Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Development Agreement between the City and the Association. Aye: 4 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT – H1 MN INC. City Administrator Hedges introduced this item regarding a conditional use permit to allow a minor motor vehicle repair business located at 525 Diffley Road. City Planner Ridley gave a staff report. Jim Henkel, applicant, was present to answer questions. City Council Minutes January 5, 2010 Page 6 Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow a minor motor vehicle repair business located at 525 Diffley Road, legally described as Lot 1, Block 1, Hawthorne Ridge, subject to the following conditions: Aye: 4 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. Updated building facades shall be constructed per the submitted elevation plan received December 1, 2009 and shall include garage doors painted to match the color of the building. 3. Overnight parking shall not exceed three customer vehicles and shall be located per the Site Plan received December 4, 2009. 4. No additional outdoor storage shall be allowed. 5. The applicant shall submit a landscape plan, acceptable to city staff, to provide screening of the service bays from Highway 3. The landscaping shall be installed no later than July 1, 2010. 6. All signage is subject to City Code requirements. CONDITIONAL USE PERMIT – CLEARWIRE City Administrator Hedges introduced this item regarding a Conditional Use Permit to permit construction of a 150’ communications monopole on property located at 1010 Aldrin Drive. A Clearwire representative was present to answer questions. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to permit construction of a 150’ communications monopole on property located at 1010 Aldrin Drive, legally described as Lot 1, Block 1, Eagandale Corporate Center No. 5, subject to the following conditions: Aye: 4 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. As required by City Code, the 150-foot monopole antenna tower shall accommodate the applicant’s antennae and at least two additional comparable communication providers. The monopole shall also accept antennae mounted at varying heights; and allow the future rearrangement of antennae upon the tower. 3. The tower and accessory equipment building shall comply with the general standards outlined in City Code Section 11.70, Subdivision 26-G. 4. The equipment cabinet shall be finished in a tan or brown color to match the principal building. 5. The lease area shall be secured with a security fence as shown on the Site Plan dated December 1, 2009. 6. The monopole tower shall be painted light blue. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE The meeting was recessed at 10:00 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 10:05 p.m. ADMINISTRATIVE AGENDA There were no items requiring action. VISITORS TO BE HEARD City Council Minutes January 5, 2010 Page 7 There were no visitors who wished to be heard. ADJOURNMENT Councilmember Hansen moved, Councilmember Bakken seconded a motion to adjourn the meeting at 10:05 p.m. Aye: 4 Nay: 0 ____________________ _________________________________ Date Administrative Secretary / Deputy Clerk