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09/26/2006 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota September 26, 2006 A Listening Session was held prior to the regular City Council meeting on September 26, 2006 in the Eagan Room. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on September 26, 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 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS There were no recognitions and presentations. CONSENT AGENDA City Administrator Hedges noted that item S regarding Contract 05 -03 would be removed from the agenda and considered at a later date. Councilmember moved, Councilmember 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 22 and August 29 2006 special City Council meetings and the September 5, 2006 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Sarah Schield as a Planner. 2. It was recommended to accept the letter of resignation from Jenny Hildebrandt, Clerical Tech III in the Community Development Department. 3. It was recommended to approve the proposed organizational change to the Eagan Community Center and authorize the advertisement of two full time Manager on Duty positions. C. Check Registers. It was recommended to ratify the check registers dated September 7, 2006, September 14, 2006 and September 21, 2006 as presented. D. 2007 -2011 CIP Part II. It was recommended to approve Part II (Vehicles and Equipment) of the 2007 — 2011 Capital Improvement Program (CIP). E. 2007 General Facilities Renewal and Replacement Budget. It was recommended to approve the 2007 General Facilities Renewal and Replacement Budget. F. 2008 Fee Schedule for Community Center. It was recommended to approve the 2008 / 2009 fee schedule for the Eagan Community Center as presented. G. Change in Fees. It was recommended to removed the "Use of Subsidized Park Facilities, Pavilions and Moonshine Retreat Center for Fund Raising or Commercial Profit Generating Activities" from the Parks and Recreation Department Policies and City of Eagan fee schedule. H. Bio -Zone Application. It was recommended to approve a Resolution in support of the Bioscience Zone application from Dakota and Goodhue Counties, and the specific properties in Eagan to be included in the application. I. Communities on the Move Grant. It was recommended to approve a joint application with Dakota County and other area agencies for a Blue Cross Blue Shield "Communities on the Move" grant and authorize the Mayor to sign the letter of support. J. Extension of Conditional Use Permit. It was recommended to approve a one -year extension of a Conditional Use Permit for a restaurant in the BP, Business Park zoning district, on property located at 06 -37 Eagan City Council Meeting Minutes September 26, 2006 Page 2 1030 Blue Gentian Road, legally described as Lot 1, Block 1, Spectrum Business Park, in the NW 1 /4 of Section 2. K. Final Plat. It was recommended to approve the Vacation of easements and the Final Plat for Halley's 2nd Addition located at the southwest intersection of Red Pine Lane and Biscayne Avenue in the SE 1 /4 of Section 36. L. Removed. M. Project 04 -K. It was recommended to acknowledge the completion of improvements for City Project No. 04 -K (Woodland Place) under terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions. N. Project 931. It was recommended to receive the Final Assessment Roll for Project 931 (Art Rahn / Hillandale Additions — Street Overlay) and schedule a public hearing to be held on October 17, 2006. O. Project 930. It was recommended to receive the Final Assessment Roll for Project 930 (Silver Bell Road — Nicols Road to Kennebec Drive — Street Overlay) and schedule a public hearing to be held on October 17, 2006. P. Minnesota Coalition of Stormwater Cities. It was recommended to authorize membership and participation in the Minnesota Cities Stormwater Coalition (MCSC) and payment of an annual fee up to $1,625.00 to the League of Minnesota Cities (LMC). Q. Project 04 -U. It was recommended to acknowledge the completion of improvements for City Project No. 04 -U (Thorpe Woodlands Garden 3 Addition) under the terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions. R. Easement Vacation. It was recommended to receive the petition to vacate a portion of a public drainage and utility easement within Outlot A, Riverpark Office Center and schedule a public hearing to be held on October 17, 2006. S. Final Payment — Well No. 21. Removed from agenda. T. 2007 Eagan Convention and Visitors Bureau Budget. It was recommended to approve the 2007 Eagan Convention and Visitors Bureau Budget. U. Technology Working Group Roster. It was recommended to receive and acknowledge the roster of 2006/2007 Eagan Technology Working Group members and direct staff to draft thank you letters for the Mayor's signature to the 2005 — 2006 members. OLD BUSINESS PRELIMINARY PLANNED DEVELOPMENT AND SUBDIVISION — MARION ADDITION MARIAN ANSARI City Administrator Hedges introduced this item regarding a preliminary planned development and a 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. It was noted that this item was continued from the September 5 City Council meeting due to screening / buffering concerns relative to the proximity of the future home to Goat Hill Park. City Planner Ridley gave a staff report, noting that the applicant has agreed to provide a landscape / screening plan with the Building Permit for the new home. Mr. Ansari was present to answer questions of the Council. Council discussed conditions regarding a landscape plan and a notice of disclosure for potential buyers stating that the new lot is adjacent to park amentities that may generate noise and light. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Planned Development to allow the subdivision of the 1.8 acre lot for property located at 4365 Capricorn Place in the NE 1 /4 of Section 27 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, Cl, D1, and El. 2. The property shall be platted. 3. The developer shall provide private ingress /egress easement documents for review and approval by the City Attorney, prior to final subdivision approval. Eagan City Council Meeting Minutes September 26, 2006 Page 3 4. A cash dedication in lieu of on -site water quality ponding shall be required for this development. 5. The newly created lot is subject to a cash park and trail dedication. 6. A landscape plan that buffers the new lot from the adjacent park shall be submitted for staff approval prior to the issuance of a building permit. 7. The seller shall prepare and record with the plat a notice of disclosure that the new lot is adjacent to park amenities that may generate noise and light as discussed at the City Council meeting on September 26, 2006. Councilmember moved, Councilmember seconded a motion to approve a 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 for property located at 4365 Capricorn Place in the NE 1 /4 of Section 27, 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, Cl, D1, and El. 2. The property shall be platted. 3. The developer shall provide private ingress /egress easement documents for review and approval by the City Attorney, prior to final subdivision approval. 4. A cash dedication in lieu of on -site water quality ponding shall be required for this development. 5. The newly created lot is subject to a cash park and trail dedication. 6. A landscape plan that buffers the new lot from the adjacent park shall be submitted for staff approval prior to the issuance of a building permit. 7. The seller shall prepare and record with the plat a notice of disclosure that the new lot is adjacent to park amenities that may generate noise and light as discussed at the City Council meeting on September 26, 2006. There were no public hearings. PUBLIC HEARINGS NEW BUSINESS ORDINANCE AMENDMENT — CITY OF EAGAN City Administrator Hedges introduced this item regarding a proposed Ordinance Amendment to reflect legislative changes made to park land and cash dedication obligations. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve an Ordinance Amendment to the Subdivision Ordinance to reflect legislative changes made to park land and cash dedication obligations 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 a proposed Ordinance Amendment to Chapter 11 to provide performance standards relative to the screening ground and rooftop- mounted mechanical equipment. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an Ordinance Amendment to Chapter 11 to provide performance standards relative to the screening ground and rooftop- mounted mechanical equipment and direct the City Attorney to prepare and publish the amendment in the legal newspaper. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE Eagan City Council Meeting Minutes September 26, 2006 Page 4 There was no legislative / intergovernmental affairs update. ADMINISTRATIVE AGENDA There were no items for the Administrative Agenda. VISITORS TO BE HEARD There were no visitors who wished to be heard. It was noted that a closed session of the Economic Development Authority would be held following the regular Council meeting. ADJOURNMENT Councilmember moved, Councilmember seconded a motion to adjourn the meeting at 6:55 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). 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.