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09/05/2006 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota September 5, 2006 A Listening Session was held prior to the regular City Council meeting on September 5, 2006 in the Eagan Room. Stephanie Favre, Becky Kruenegel and Jane Peterson, residents of Westin Hills Drive (along the Inver Grove Heights border) discussed their concerns regarding a paved trail that is proposed to be installed in Inver Grove Heights, adjacent to their property. They stated they had approached the Inver Grove Heights Mayor and Council, but felt their concerns were not being considered. They requested that Council write a letter to the Inver Grove Heights City Council on their behalf requesting their concerns be addressed. Council directed staff to research any agreements that the City may have with Inver Grove Heights and draft a letter for Council. A regular meeting of the Eagan City Council was held on September 5, 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, Public Works Director Tom Colbert, City Planner Mike Ridley, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that under the Administrative Agenda the noise analysis by Orfield Laboratories would be discussed. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve the appointment of Jim McDonald as Chief of Police with a start date of September 6, 2006. Aye: 5 Nay: 0 Mayor Geagan administered the Oath of Office to Chief of Police Jim McDonald The Oath of Office was administered to 14 newly appointed Fire Fighters. CONSENT AGENDA It was noted that item S would be pulled for discussion and item FF would be continued to the September 25, 2006 Council meeting. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the consent agenda as amended. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the August 15, 2006 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Jonathan Moore, Sports Program Assistant. 2. It was recommended to ratify the appointment of Acting Chief of Police McDonald as Chief of Police. 3. It was recommended to approve the Police Department reorganization as presented. C. Check Registers. It was recommended to ratify the check registers dated August 17, 2006, August 24, and August 31, 2006 as presented. D. Tobacco License. It was recommended to approve a Tobacco License for Shana Yang, Sixty One Stop, 3575 Pilot Knob Road. E. Tobacco License. It was recommended to approve a Tobacco License for Melina P To, Liquory of Eagan, LLC, 1629 Lena Court #105. Eagan City Council Meeting Minutes September 5, 2006 Page 2 F. Pulled Off -Sale Liquor License. It was recommended to approve a change in business structure of off -sale liquor license from Melina P to, dba MT Liquory (Sole Proprietorship) to MT Liquory of Eagan, LLC, dba MT Liquory at 1629 Lena Court #105. G. 2006 Fee Schedule. It was recommended to amend the 2006 Fee Schedule to revise quarterly community and signal lights user fees within the street lighting utility as follows: • Rl/R2 $1.75 • R3 1.40 • R4 1.03 • Non - residential 7.02 H. Reconveyance of Tax Forfeit Parcel. It was recommended to approve the reconveyance of tax forfeit parcel 10- 57504- 010 -00, Outlot A Pilot Knob Heights 5 Addition to the State of Minnesota. I. Amendment to Budget. It was recommended to approve an amendment to the 2006 General Facilities Renewal and Replacement Budget. J. D.A.R.E. and Police Liaison Services Agreement. It was recommended to approve the D.A.R.E. and Police Liaison Services Agreement with ISD 196 for the 2006 -2007 School Year. K. Final Payment. It was recommended to approve the final payment for Contract #06 -06 in the amount of $2,000 to Harris Miniature Golf Courses, Inc. for the completion of Cascade Bay's Captain's Course Golf Course. L. Lease. It was recommended to approve the 2006 lease between the Dakota Center for the Arts (Eagan Art House) and the City of Eagan for the premises at 3981 Lexington Avenue and authorize the Mayor to execute the appropriate documents. M. Letter of Understanding. It was recommended to approve the Letter of Understanding with Health Partners to continue the Health Partners Frequent Fitness Program for eligible members of the Eagan Community Center and authorize the Mayor to execute the appropriate documents. N. Community Development Block Grant Sub - recipient Agreement. It was recommended to approve the Community Development Block Grant (CDBG) Sub - recipient Agreement for the City's 2006 -2007 CDBG Program with the Dakota County Community Development Agency (CDA). O. Modification of Conditions — Manley Commercial. It was recommend to modify the conditions of approval for Preliminary and Final Planned Development for Manley Commercial Addition to include airport noise attenuation standards, upon approximately 24.6 acres (Outlot N, Lone Oak) located south of O'Neill Drive and I -494 and West of Argenta Trail in the NE 1 /4 of Section 1. P. Schedule Public Hearing. It was recommended to approve a resolution calling for a public hearing to establish the Cedar Bluffs Housing Improvement Area and approving the Cedar Bluffs Housing Improvement Fee. Q. Findings of Fact. It was recommended to adopt the Findings of Fact, Conclusions and Resolutions of 06 - 35 Denial for a Variance to exceed 576 square foot detached accessory structure limitation for a 768 square foot detached garage for property located at 3220 Random Road in the NW 1 /4 of Section 12. R. Extension for Recording Final Plat. It was recommended to approve a 90 day extension of time to record the final plat for Oakview Center 2nd Addition, located south of Lone Oak Road and north of Highway 55 in the NW 1 /4 of Section 12. S. Pulled for Discussion. Planned Development - Modification. T. Project 778. It was recommended to approve a Traffic Control Signal Agreement for Project 778 (Trunk Highway 149 — Street Upgrade) with the Dakota County Transportation Department and authorize the Mayor and City Clerk to execute all related documents. U. Contract 06 -09. It was recommended to receive the bids and award Contract 06 -09 (Nicols Road — Sidewalk), including the alternate bid (Blackhawk Hills Road — Sidewalk), including the alternate bid (Blackhawk Hills Road — Sidewalk) to O'Malley Construction, Inc. in the total amount of $111,115.29, and authorize the Mayor and City Clerk to execute all related documents. V. Contract 06 -08. It was recommended to approve the plans and specifications for Contract 06 -08 (North Ridge Drive and Sibley Terminal Industrial Park Storm Drainage Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, September 28, 2006. Eagan City Council Meeting Minutes September 5, 2006 Page 3 W. Project 05 -C. It was recommended to acknowledge the completion of improvements for City Project No. 05 -C (Pearlmont Heights) under terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions. X. Project 778. It was recommended to approve an Easement Agreement for Project 778 (TH 149 Upgrade — Street Upgrade and Trail Improvements) with the owner of Parcel No. 10- 15501- 050 -02 and authorize the Mayor and City Clerk to execute all related documents. Y. Project 926. It was recommended to receive the Final Assessment Roll for Project 926 (Saddlehorn/ Sunset/ Northview Meadows — Street Overlay) and schedule a public hearing to be held on October 3, 2006. Z. Project 927. It was recommended to receive the Final Assessment Roll for Project 927 (Meadowland 1s / Beaver Dam Road/ Suncliff 1s — 5 — Street Overlay) and schedule a public hearing to be held on October 3, 2006. AA. Project 932. It was recommended to receive the Final Assessment Roll for Project 932 (Whispering Woods, Slater Acres, Slater Road — Street Overlay) and schedule a public hearing to be held on October 3, 2006. BB. Project 933. It was recommended to receive the Final Assessment Roll for Project 933 (O'Leary Lane, Golfview Drive, Town Centre Drive — Street Overlay) and schedule a public hearing to be held on October 3, 2006. CC. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements within Lot 1, Block 1 Eagandale Corporate Center No. 4 and Schedule a public hearing to be held on October 3, 2006. DD. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements within Lot 2, Block 1, Eagandale Office Park 5 Addition and schedule a public hearing to be held on October 3, 2006. EE. Resolution — Infiltration/Inflow Reduction Program. It was recommended to approve a resolution implementing an Infiltration / Inflow Reduction Program and authorize the Mayor and City Clerk to execute said resolution. FF. Final Subdivision and Final Planned Development Final Subdivision (Red Pine Crossing) to create two lots and a Final Planned Development to allow three commercial retail buildings on approximately 9.82 acres located south of Red Pine Lane and east of Highway 3 in the SE 1 /4 of Section 36. CONTINUED TO 9/25 GG. 2007 -2011 Parks and Recreation CIP. It was recommended to approve the 2007 -2011 Parks and Recreation CIP as presented. S. Modification to an approved planned development condition to allow full on -sale liquor at 3240 Denmark Avenue (Lot 2, Block 1, Wings Addition). Public Works Director Colbert discussed amending a condition regarding the cross easement and access to the property. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve requests for modifications to the conditions of approval regarding on -sale liquor and site access in conjunction with the Planned Development approved for a multi- tenant retail building on Lot 2, Block 1, Wings Addition in the SE 1 /4 of Section 10. Aye: 5 Nay: 0 There was no old business. OLD BUSINESS PUBLIC HEARINGS VARIANCE — ERIC DRENCKHAHN 06 -36 Eagan City Council Meeting Minutes September 5, 2006 Page 4 City Administrator Hedges introduced this item regarding a request for a variance to exceed the number of allowed detached accessory buildings, a variance to exceed the allowed square footage for detached accessory buildings, and a variance to allow a 192 square foot accessory structure that does not have finish materials, roof pitch or roof style similar to that of the principal structure located at 2811 Pilot Knob Road. City Planner Ridley gave a staff report. Eric Drenckhahn submitted letters from neighbors in support of the proposed variances. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve a Variance to exceed the number of allowed detached accessory buildings located at 2811 Pilot Knob Road, subject to the conditions listed below. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Maguire seconded a motion to approve (or direct findings of fact for denial) a Variance to exceed the allowed square footage for detached accessory buildings located at 2811 Pilot Knob Road, subject to the conditions listed below. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Maguire seconded a motion to approve (or direct findings of fact for denial) a Variance to allow a 192 square foot accessory structure that does not have finish materials, roof pitch or roof style similar to that of the principal structure located at 2811 Pilot Knob Road, subject to the following conditions: Aye: 5 Nay: 0 1. A pigeon permit application will be made within 30 days of the approval of these Variances. 2. If a pigeon permit is not obtained on a yearly basis, the three detached accessory buildings currently used for pigeon lofts must be removed within 30 days of expiration of the permit, and not replaced with any additional accessory buildings. 3. No additional pigeon loft space may be created within any other existing accessory building on the site. 4. The site is subject to periodic inspection by building code enforcement, animal control or health department staff. 5. A building permit must be obtained for the 192 square foot accessory building. Any applicable electrical permits will be obtained from the state. All building and electrical code requirements shall be met. 6. The site shall stay in compliance with all other City Code requirements. VACATION OF PUBLIC DRAINAGE & UTILITY EASEMENTS HERITAGE OF HIGHVIEW ADDITION City Administrator Hedges introduced this item regarding an easement vacation within Heritage of Highview Addition. He noted that it is recommended that the item be continued for formal consideration at the time of the final plat for the Highview Park 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 Tilley moved, Councilmember Carlson seconded a motion to close the public hearing and continue consideration of the easement vacation until the time of formal consideration of the final plat of Heritage of Highview Addition. Aye: 5 Nay: 0 NEW BUSINESS CERTIFICATION OF PRELIMINARY 2007 BUDGET AND PROPERTY TAX LEVY Eagan City Council Meeting Minutes September 5, 2006 Page 5 AND SETTING TRUTH -IN- TAXATION HEARING DATES City Administrator Hedges presented the preliminary 2007 budget. Council held a discussion. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the preliminary payable 2007 property tax levy as follows: Aye: 5 Nay: 0 Eagan City Council Meeting Minutes September 5, 2006 Page 6 • General Revenue levy: General Fund $19,067,200 Major Street Construction Fund 1,247,812 Equipment Revolving Fund 905,440 General Facilities Renew/Replace Fund 134,010 MVHC/DCC Capital 950,100 Subtotal — General Revenue levy 22,304,562 Community Center bonds debt service 1,198,523 Cedarvale Special Services District 3000 Total levy $ 23,506,085 Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the preliminary 2007 General Fund expenditure budget, including contingency, of $25,354,200. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to set the initial Truth -in- Taxation Hearing date for Monday, December 4, with a continuation hearing date (if necessary) of Monday, December 11. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT AND PRELIMINARY SUBDIVISION (MARIAN ADDITION) — MARIAN ANSARI City Administrator Hedges introduced this item regarding a Planned Development Amendment and Preliminary Subdivision of 1.8 acres to create two lots, with a variance to the minimum lot width and street frontage requirements for property located at 4365 Capricorn Place. City Planner Ridley gave a staff report. After discussion, Councilmembers concurred that buffering /screening should be required along the north and east property lines of the new parcel, adjacent to the park. The applicant was not present. Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue, until the September 25, 2006 Council meeting, consideration of a Planned Development Amendment and Preliminary Subdivision of 1.8 acres to create two lots, with a Variance to the minimum lot width and street frontage requirements, for property located at 4365 Capricorn Place in the NE 1 /4 of Section 27, due to the applicant not being present to discuss the proposed additional condition regarding buffering along the park property. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION AND FINAL SUBDIVISION (YANKEE DOODLE PROFESSIONAL BUILDING) — MSP COMMERCIAL City Administrator Hedges introduced this item regarding a preliminary subdivision and final subdivision (Yankee Doodle Professional Building) of 3.58 acres to create 2 lots located at 1519Central Parkway. City Planner Ridley gave a staff report. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision and a Final Subdivision (Yankee Doodle Professional Building) of 3.58 acres to create 2 lots located at 1519 Central Parkway, in the SE 1 /4 of Section 9, 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: Al, B1, B3, Cl, C2, C4, D1, and El. 2. The property shall be platted. 3. The developer should provide evidence of private ingress /egress easement, in a form acceptable to the City Attorney, between Lots 1 and 2 providing for shared access to Quarry Road prior to final subdivision approval. 4. A pedestrian connection shall be provided from Lot 2 to Yankee Doodle Road. Eagan City Council Meeting Minutes September 5, 2006 Page 7 COMPREHENSIVE GUIDE PLAN AMENDMENT — ST. ELIZABETH ORTHODOX CHURCH City Administrator Hedges introduced this item regarding a Comprehensive Land Use Plan Amendment to change the land use from RC, Retail Commercial to QP, Quasi -Public for a church on property located at 1581 Century Point. City Planner Ridley gave a staff report. Councilmembers discussed the Guide Plan Amendment, the rezoning and the ability to potentially utilize adjacent parking. Councilmember Fields moved, Councilmember Maguire seconded a motion to direct staff to submit a Comprehensive Land Use Amendment to change the land use form RC, Retail Commercial to QP, Quasi -Public for a church on property located at 1581 Century Point in the SW 1 /4 of Section 9 to the Metropolitan Council for review. Aye: 5 Nay: 0 WINTER PARKING ORDINANCE REVISION DENMARK COURT EAST AND WEST AND DENMARK TRAIL EAST AND WEST City Administrator Hedges introduced this item regarding a petition requesting a revision to City Ordinance 9.09, Winter Season Parking. Public Works Director Colbert gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to receive a petition requesting a revision to City Ordinance 9.09 (Winter Season Parking) and direct staff to prepare an amendment for further consideration. Aye: 5 Nay: 0 ORDINANCE AMENDMENT — CITY OF EAGAN City Administrator Hedges introduced this item regarding a proposed ordinance amendment to Chapter 11 to establish screening requirements for roof and ground mounted mechanical equipment. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to direct staff to prepare an Ordinance Amendment to Chapter 11 to establish screening requirements for roof and ground mounted mechanical equipment. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items to be discussed. The City Council meeting was recessed at 7:45 p.m. and a meeting of the Economic Development Authority was immediately convened. The regular City Council meeting was reconvened at 7:50 p.m. ADMINISTRATIVE AGENDA City Administrator Hedges discussed the proposed noise analysis to be conducted by Orfield Laboratories and associated costs. Motion was made by Tilley, seconded by Fields to approve an additional expenditure for the noise analysis to be conduced by Orfield Laboratories. Aye: 5 Nay: 0 VISITORS TO BE HEARD Eagan City Council Meeting Minutes September 5, 2006 Page 8 There were no visitors who wished to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the meeting at 7:55 p.m. Date Administrative Secretary / Deputy City Clerk 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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