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2010-04-20 City Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota April 20, 2010 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken and Hansen. Councilmembers Fields and Tilley were absent. John Olson discussed his request to extend a fence into a conservation easement at 4607 Sweet Street. Staff noted to Council that information regarding encroachment issues would be presented at a Council meeting in June. Margo Danner, representing the Lioness Club, and Tom Mullen, representing the American Legion discussed the memorial to be constructed in Central Park. A regular meeting of the Eagan City Council was held on Tuesday, April 20, 2010 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken and Hansen. Councilmember Fields arrived late. Councilmember Tilley was absent. Also present were City Administrator Tom Hedges, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Broyles. AGENDA City Administrator Hedges noted that the order of the agenda would be changed in order to accommodate Councilmember Fields’ delay in attending the meeting. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve the agenda as amended. Aye: 3 Nay: 0 RECOGNITIONS AND PRESENTATIONS The Oath of Office was administered to Police Officer Eric Tessmer by Deputy Clerk Broyles. CONSENT AGENDA Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as amended. Aye: 4 Nay: 0 A. It was recommended to approve the minutes of the April 6, 2010 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Seasonal Employees in the Streets Maintenance and Parks and Recreation Division. C. It was recommended to ratify the check registers dated April 1, 2010 and April 8, 2010 as presented. D. It was recommended to adopt a Resolution approving an Exempt Permit for Experimental Aircraft Association to conduct a raffle on October 3, 2010. E. It was recommended to declare bicycles and unclaimed property to be surplus. F. It was recommended to approve a Resolution establishing Metcalf Junior High School, 2250 Diffley Road, as the new polling place for Precinct 12. G. It was recommended to approve a Tree Maintenance Contractor License for Lawrence Tree and Stump Services, Inc., 17082 Georgetown Way, Rosemount. H. It was recommended to award two additional new contracts for the construction of the Fire Safety Center and to cancel one previous contract authorized for the project. I. It was recommended to adopt a policy for setting interest rates on special assessments, and set current year rate at 5.0%. J. It was recommended to approve equity transfers to close out the 2002B Refunding Debt Service Fund, the Assessments on City Property Capital Projects Fund, and the Drug Forfeiture Special Revenue Fund. City Council Minutes April 20, 2010 Page 2 K. It was recommended to authorize staff to take the necessary steps to finance the Civic Arena geothermal and related improvements internally and to call the outstanding Civic Arena bonds. L. It was recommended to accept a donation from the Friends of the Eagan Core Greenway in the amount of $3,000 to provide plantings, interpretive signage and a bench in Patrick Eagan Park. M. It was recommended to authorize the advertisement for proposals to replace the ice resurfacer for the Eagan Civic Arena. N. It was recommended to acknowledge Eagan as the recipient of the 2009 Tree City USA Award from the National Arbor Day Foundation, and approve the Arbor Day Resolution setting Sunday, May 16 as Arbor Day and May, 2010 as Arbor Month in the City of Eagan. O. It was recommended to accept an MRAC grant for $5,000 from the Metropolitan Regional Arts Council for summer programming. P. It was recommended to modify the development contract to extend the completion dates for site improvements from May 1, 2010 to May 1, 2012 for Red Pine Crossing, located south of Red Pine Lane and east of Hwy. 3 in the SE ¼ of Section 36. Q. It was recommended to approve the plans and specifications for Contract 10-01 (Citywide Street Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, June 3, 2010. R. It was recommended to reschedule a public hearing to consider the petition to vacate public right-of- way known as Wescott Woodlands to be held on May 18, 2010. PUBLIC HEARINGS There were no public hearings. OLD BUSINESS Old Business Item A was addressed later in the meeting. CONDITIONAL USE PERMIT – WAGGING TAILS PET RESORT CONDITION MODIFICATION City Administrator Hedges introduced this item regarding a request to modify a condition which would eliminate the sound attenuation requirement for a full service animal care facility at 3275 Sun Drive. City Planner Ridley gave a staff report. Keith Olson, Wagging Tails Pet Resort, discussed his request and noted that noise from dogs has not been an issue. Council members held a discussion regarding the canopy and the sound attenuation. Dave Leake, Blue Rhino Studios, stated he had no problem with the request but was concerned if noise became an issue at a later date. Councilmembers discussed the proposed change and highlighted that the part of the condition relative to noise attenuation would be left intact. Councilmember Bakken moved, Councilmember Hansen seconded a motion to amend the language in condition number 10 of the Conditional Use Permit shown below and that same shall be recorded against nd the property located at 3275 Sun Drive, legally described as Lot 1, Block 1, Tan Me Industrial Park 2 Addition to read: Aye: 3 Nay: 0 10. The applicant shall install a canopy to cover at least 20% of the outdoor play area and shall be installed by May 15, 2010. If the City Animal Control Officer determines that there is excessive noise generated from the outdoor play area, the City Council shall determine whether noise absorbing City Council Minutes April 20, 2010 Page 3 sound panels need to be installed by the applicant. The failure of the applicant to install the panels, if so required by the Council, shall be cause for revocation of the Conditional Use Permit. NEW BUSINESS INTERIM USE PERMIT – BUILDING MATERIALS OUTLET City Administrator Hedges introduced this item regarding an Interim Use Permit extension to allow outside storage of trailers and building materials upon a 6.2 acre site located at 2795 Highway 55. City Planner Ridley gave a staff report. Don Prettyman, BMO and Scott Smith, IRET Properties were present. Discussion was held regarding site improvements that would include resurfacing of the storage area and it was determined by the Mayor and Council that because the ultimate goal of the property owner and City was redevelopment of the site, investment in likely temporary improvements was not prudent. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve an Interim Use Permit extension to allow outside storage of trailers and building materials upon a 6.2-acre site located at 2795 Highway 55 subject to the following conditions: Aye: 3 Nay: 0 1. The permit shall terminate upon the earlier of either cease of use or three years from the date of City Council approval. 2. The Interim Use Permit shall be recorded within 60 days of its approval by the City council. 3. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The Interim Use Permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. Retail sales are prohibited. 5. The applicant shall immediately remove all outdoor storage on the adjacent property. 6. The applicant shall submit a revised and more detailed Site Plan showing where and how additional green space will be established, and identifying parking stalls and dimensions. 7. All outside storage shall be contained within the subject parcel, and limited to the areas specified on the modified staff Site Plan dated March 17, 2010. 8. The outside storage of trailers and building materials is limited to the number and location as shown on the modified staff Site Plan dated march 17, 2010. 9. All trailers shall be located within the designated trailer storage area shown on the modified staff Site Plan dated March 17, 2010. A maximum of 13 trailers may be stored within this area. 10. Required setbacks shall be delineated and outdoor storage items shall be moved back from property lines to establish setbacks and yard areas as required by City Code. 11. The existing surfacing of the outdoor storage areas shall remain. 12. All parking and storage areas shall be properly maintained to prevent deterioration. 13. No hazardous materials shall be stored on the property. 14. A minimum 20’ emergency access aisle shall be designated and maintained on the south and west sides of the building, and a 24’ drive aisle shall be maintained through the parking and storage area along the east side of the building. 15. A detailed Landscape Plan prepared by a registered landscape architect shall be submitted for review and approval by City staff to include landscaping of perimeter yard setback areas, parking lot islands and for screening purposes. As required by City Code, all landscaped areas shall be served by automatic irrigation. Landscaping shall be installed by October 31, 2010. 16. All signage shall meet City Code standards and be brought into compliance within 30 days following approval. City Council Minutes April 20, 2010 Page 4 17. The applicant shall provide public street easement across the BMO property (2795 Highway 55, Parcel 10-53320-071-00) from Highway 55 to Beverly Drive, in a form acceptable to the City Attorney and in a configuration acceptable to the City Engineer. ADMINISTRATIVE AGENDA There were no items that required action. OLD BUSINESS ITEM A COMPREHENSIVE GUIDE PLAN AMENDMENT AND PLANNED DEVELOPMENT AMENDMENT COVENTRY SENIOR LIVING Councilmember Fields arrived. City Administrator Hedges introduced this item regarding Comprehensive Land Use Plan Amendment that would change the land use designation from SA/MD (Special Area / Medium Density), to SA/HD (Special Area / High Density), to allow for a 56 unit Senior Living Facility for property located at 1650 Hunt Drive. City Planner Ridley gave a staff report. Greg Johnson, representing Coventry Senior Living, was present to discuss the proposed project and answer questions of the Council. Four area residents expressed concern regarding increased traffic and safety issues should the senior living facility be constructed in their neighborhood. Public Works Director Colbert spoke to traffic concerns and estimated number of trips generated based on the use of the site and concluded that an insignificant amount of traffic generated by the proposed use would use Birch Pond Road. Councilmembers held a discussion regarding the potential ramifications of the proposed land use designation change from medium density to high density. Other potential uses for the property were briefly discussed. Ultimately, the Mayor and Council determined that the proposed Guide Plan Amendment would result in a density that is inconsistent with the area and that the proposed deviations from straight zoning standards were not acceptable. Councilmember Fields moved to implement a Comprehensive Land Use Plan Amendment that would change the land use designation from SA/MD (Special Area / Medium Density), to SA/HD (Special Area / High Density), to allow for a 56 unit Senior Living Facility for property located at 1650 Hunt Drive, legally rd described as Lots 1 and 2, Block 1, Terra Glenn 3 Addition. Motion failed for lack of a second. Councilmember Bakken moved, Councilmember Fields seconded a motion to direct staff to draft Findings of Fact for Denial of a Planned Development Amendment to amend the Preliminary Planned Development to allow for a 56 unit Senior Living Facility for property located at 1650 Hunt Drive, legally rd described as Lots 1 and 2, Block 1, Terra Glenn 3 Addition. Aye: 4 Nay: 0 VISITORS TO BE HEARD Richard Hyel requested a meeting with the City Attorney and Mayor Maguire in regard to a private matter. City Council Minutes April 20, 2010 Page 5 ADJOURNMENT Councilmember Fields moved, Councilmember seconded a motion to adjourn the meeting at 10:00 p.m. Aye: 4 Nay: 0 ____________________ _________________________________ Date Administrative Secretary / Deputy Clerk