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04/17/2012 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota APRIL 17, 2012 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Resident Ronald Erickson, 3656 Woodland Trail, asked questions regarding the process of the Lockheed Martin development proposal. A regular meeting of the Eagan City Council was held on Tuesday, April 17, 2012 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Tom Hedges, Assistant City Administrator Miller, Assistant City Administrator VanOverbeke, City Planner Ridley, Public Works Director Colbert, City Engineer Matthys, Police Chief McDonald, Fire Chief Scott, Communications Director Garrison, and Utilities Superintendent Eaton. AGENDA Administrator Hedges noted the applicants of Public Hearings items A, B and C requested the hearing be continued to the May 15, 2012 City council meeting. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 There were no recognitions or presentations. RECOGNITIONS AND PRESENTATIONS CONSENT AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the April 3, 2012 regular City Council meeting and the minutes of the March 20, 2012 and April 10, 2012 Special City Council meetings as presented or modified. B. PERSONNEL ITEMS 1. It was recommended to approve hiring of the IT Specialist position in the IT Department to be named 2. It was recommended to approve hiring of the PT Clerical Technician 4 position in the Police Department to be named 3. It was recommended to approve hiring of the Executive Assistant to be named 4. It was recommended to authorize Russ Matthys at Acting Public Works Director effective May 7,2012 5. It was recommended to approve the reclassification of the Human Resources Specialist to Human Resources Generalist 6. It was recommended to approve the reclassification of the Water Resources Coordinator to Water Resources Manager 7. It was recommended to approve the reclassification of the Transportation Operations Engineer 8. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation and Utilities C. It was recommended to approve the Check Registers dated March 30, 2012 and April 13, 2012 D. It was recommended to direct preparation of an ordinance amendment to City Code Chapter 4 relative to recreational fires E. It was recommended to approve Plans & Specs for Contract 11 -09 (Denmark & Yankee Doodle Rd — Traffic Operations) and Authorize Ad for Bids F. It was recommended to approve Easement Agreement for Project 905R (Long Acres /Lebanon Hills Regional Park — Storm Sewer Improvements) G. It was recommended to award Contract 12 -02, City -Wide Street Overlay Improvements City Council Meeting Minutes April 17, 2012 2 page H. It was recommended to approve Clean Water Partnership Grant Agreement with Minnesota Pollution Control Agency (Neighborhood Lakes Management Plan) & Authorize Consultant to prepare plans I. It was recommended to approve MnWARN Mutual Aid Agreement (Mn Water /Wastewater Agency Response Network) J. It was recommended to approve Change Order No. 5 for Contract 09 -18 (Duckwood Drive Overpass — Bridge Improvement) K. It was recommended to approve Dakota County Service Agreement for One -Stop Permit System (Right -of -Way Permitting) L. It was recommended to award bid for Contract 12 -08 Conduit /Fiber Installation, Alternates and Service Agreement and direct the City Attorney's Office to prepare the necessary contract M. It was recommended to approve Final Subdivision and Final Planned Development for Stonehaven 3rd Addition N. It was recommended to approve additional house plans for Stonehaven development O. It was recommended to approve Resolution to accept donations from Genisys Credit Union and Minnesota Pork P. It was recommended to approve Resolution to accept a grant from the Metropolitan Regional Arts Council in the amount of $5,000 for a Community Arts Grant and authorize the necessary budget adjustment Q. It was recommended to approve Resolution to proclaim May 20 as Arbor Day and the month of May 2012 as Arbor Month in the City of Eagan R. It was recommended to approve Resolution to temporarily extend the licensed premise of Cuz, Inc. DBA LaFonda de los Lobos located at 3365 Sibley Memorial Highway S. It was recommended to approve Exempt Permit for Pinewood Community School Parent Teacher Organization to hold a raffle May 18, 2012 APPOINTMENT OF ADVISORY COMMISSION MEMBERS City Administrator Hedges introduced the item, noting that 14 of 15 advisory commission applicants were interviewed by the City Council on April 10, 2012. The City Council voted via individual ballots on their 2012 advisory commission appointments. The City Council appointed the following persons to serve on advisory commissions: Advisory Planning Commission 1. Peter Dugan 2. Thomas Heaney 3. Daniel Piper Advisory Parks and Recreation Commission 1. Michael Palmer 2. Ray Hobot Airport Relations Commission 1. Chad Stambaugh 2. Carol Wisnant 3. Scott Johnson Energy and Environment Advisory Commission 1. Tim Harder 2. Michael Wisniewski 3. Amir Nadav 4. Jon Drucker Gun Club Lake Watershed Management Organization 1. Wayne Sames (alternate) City Council Meeting Minutes April 17, 2012 3 page Councilmember Fields moved, Councilmember Bakken seconded a motion to ratify the appointment of members to the City Council's Advisory Commissions and Gun Club Lake WMO with terms beginning in May 2012. Aye: 5 Nay: 0 DRAINAGE & UTILITY EASEMENT VACATION — OAKWOOD HEIGHTS TOWNHOMES City Administrator Hedges introduced the item regarding a drainage and utility easement vacation at the Oakwood Heights Townhomes and mentioned that staff is recommending that this item be continued to the May 15 agenda to allow the applicant more time to address the legal description and encroachment concerns raised by the Dakota Electric Association. Mayor Maguire opened the public hearing. PUBLIC HEARINGS Councilmember Fields moved, Councilmember Bakken seconded a motion to continue the public hearing for consideration to vacate public drainage and utility easements within Lot 1, Block 1, Oakwood Heights 3 Addition to the May 15, 2012 City Council meeting. Aye: 5 Nay: 0 VARIANCE — GREGORY STEWART / HOMEOWNER 901 OAKWOOD HEIGHTS CIRCLE VARIANCE — NEIL HETHERINGTON / HOMEOWNER 903 OAKWOOD HEIGHTS CIRCLE City Administrator Hedges introduced the next two items regarding a variance application of 25 feet to the required 30 foot setback for a deck located at 901 Oakwood Heights Circle and a variance application of 8.7 feet to the required 30 foot setback for a deck located at 903 Oakwood Heights Circle. He also mentioned that the applicants would similarly like to have these items continued to the May 15 agenda as well to allow them to address encroachment concerns raised by the Dakota Electric Association. Mayor Maguire opened the public hearings. Both applicants were present and confirmed their request to have these items continued. Councilmember Bakken moved, Councilmember Tilley seconded a motion to continue the public hearings for the variance application of 25 feet to the required 30 foot setback for a deck located at 901 Oakwood Heights Circle and the variance application of 8.7 feet to the required 30 foot setback for a deck located at 903 Oakwood Heights Circle to the May 15, 2012 City Council meeting. Aye: 5 Nay: 0 OLD BUSINESS REZONING, PRELIMINARY PLANNED DEVELOPMENT, AND A FINAL PLAT — EAGAN CAR CLUB / KURT MANLEY City Administrator Hedges introduced the item regarding a rezoning for approximately 6 acres from NB, Neighborhood Business to PD, Planned Development and A Preliminary Planned Development of approximately 6 acres to allow 76 vehicle storage units and a club house and a Final Plat of approximately 6 acres to create one lot located just North of Valley Black Top. City Planner Ridley gave a staff report. Kurt Manley, applicant, stated he was available for questions. Bill Rudnicki, 4121 Countryview Drive, asked if there would be any improvements made to Highway 3 as part of this proposal and also commented that there appeared to be adequate screening associated with the proposed development. Building A: North, south and east Building B: North, south and east Building C: North Building D: North and west Building E: West and east Building F: West, east and south Building G: North, south and east City Council Meeting Minutes April 17, 2012 4 page City Planner Ridley stated that construction of a right -turn lane is required by MnDOT for access to the site from southbound Highway 3. The City Council discussed the application. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Rezoning from Neighborhood Business (NB) to Planned Development (PD) for six acres located west of Highway 3 and north of Diffley Road. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Preliminary Planned Development to allow seven buildings with a total of 76 — 24' x 48' storage units (garages) and a club house, subject to the following conditions: Aye: 5 Nay: 0 1. A Preliminary Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office prior to issuance of a building permit. Proof of recording shall be provided to the City. The following plans are required for the Agreement: • Site Plan • Building Elevations • Landscape Plan • Tree Mitigation Plan • Lighting Plan 2. Any prospective add -on uses for the club house i.e. accessory product sales and /or service for the storage users shall be identified, reviewed and approved by the City. 3. No unit owner residences or businesses shall be allowed; this shall also be a covenant restriction. 4. No repair work shall occur between 10 PM and 7 AM. 5. A property manager shall be identified and contact information for same shall be provided to the City. 6. Refuse /recycling collection areas shall be identified on the Site Plan. 7. Association documents shall be prepared and submitted for review and approval by the City Attorney and these documents shall be recorded against the property prior to any Building Permit issuance. 8. The interior- facing facade elevations are allowed with a prefinished metal primary surface. 9. The following building facades shall meet the City Code standard for materials and percentage breakdown: 10. If the proposed parapets do not adequately screen the mechanical equipment, the developer shall provide an alternative screening mechanism. 11. The applicant shall execute the temporary access /construction easement prepared by the City Attorney for a mutually agreed upon portion of Captain Dodd Park. The Developer and the City shall also agree on the parameters for the use of the easement and restoration of same. 12. The applicant shall obtain a temporary easement from the property owner at 4135 South Robert Trail prior to issuance of the Building Permit. If the applicant is not able to obtain this easement, grading shall be contained entirely within the Eagan Car Club property. 13. The designer of the erosion/sediment control plan required under the MPCA permit shall be certified through a state erosion/sediment control design training course, such as offered by the Minnesota Department of Transportation, or a City - approved equal erosion /sediment control design training course. 14. The underground stormwater infiltration systems shall be designed in accordance with City code, state water quality and engineering standards, and based on the available infiltration rates of the on -site soils. 15. The applicant shall be responsible for annual inspection and maintenance of the stormwater features and for providing the City documentation of these activities. 16. The developer shall be responsible to maintain the underground stormwater infiltration systems in accordance with City engineering /water quality standards, under a maintenance agreement in a form acceptable to the City Attorney. City Council Meeting Minutes April 17, 2012 5 page 17. The developer shall extend sanitary sewer and water main to the south edge of the development, at an adequate depth to serve the property to the south (4135 South Robert Trail) in accordance with City engineering standards. 18. This developer shall meet all conditions of plat approval and permit approval as required by MnDOT, including constructing a right -turn lane for south bound Highway 3. 19. The applicant shall submit a revised Tree Mitigation Plan that indicates the installation of sixty -four (64) Category A trees (or an equivalent number of Category A, B, or C trees) as fulfillment of Tree Preservation requirements. 20. The Developer shall install tree mitigation trees within the temporary easement and in proximity to the conservation easement area as approved by the City. All tree plantings in these areas shall be field verified by City Forestry staff before installation. 21. The developer shall be responsible for replacement of dead or dying material for the first year. 22. The applicant shall protect the preserved woodlands and individual tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved on -site. 23. The applicant shall contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the Grading Permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 24. Park Dedication shall be met through the creation of a Conservation Easement over the undeveloped portion in the northwest quadrant of the site. The developer and City shall agree on the easement area, the developer shall prepare the legal description of the area and the City Attorney shall prepare the easement document. 25. Trail dedication shall be met via a cash dedication. 26. The City shall grant a temporary access /grading easement to the developer over a mutually agreed upon portion of Captain Dodd Park. The developer and the City shall agree upon parameters for the use of the easement and restoration. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Final Plat creating one six acre lot located west of Highway 3 and north of Diffley Road. Aye: 5 Nay: 0 SEWER SERVICE CLAIM, 4321 STIRRUP ST. City Administrator Hedges introduced the item, reviewing the recommendation of the Public Works Committee. Public Works Director Colbert gave a staff report. Councilmember Bakken commented on the discussion of the Public Works Committee. The City Council discussed the claim. Gary Foster, representing the homeowners, addressed the City Council. Donald Bliss, 4321 Stirrup Street, addressed the City Council. The City Council further discussed the claim and staff responded to the homeowner's question. The City Attorney read the League of Minnesota Cities Insurance Trust's findings against the claim. Councilmember Bakken moved, Councilmember Fields seconded a motion to accept the report of the Public Works Committee and to direct that an offer be made to the claimants of $4,117.00, as part of the City's I &I program, the offer to be prepared and finalized by the City Attorney's office to include a release of all claims against the City. Aye: 5 Nay: 0 NEW BUSINESS There were no items for discussion. LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. City Council Meeting Minutes April 17, 2012 6 page There were no items for discussion. There were no visitors to be heard. ADMINISTRATIVE AGENDA VISITORS TO BE HEARD ADJOURNMENT Councilmember Fields moved, Councilmember Hansen seconded a motion to adjourn the meeting at 8:17 p.m. Aye: 5 Nay:0 1 1 , aola Date V I C 11411 Mayor 2012_CitN, Council Advisory Commission Appointments Advisory Planning Commission APC 2 -year Terms Advisory Parks and Recreation Commission (APrQ 2 -year Terms 1. Kchacet 2. (1 -year Alternate (if appointed): Airport Relations Commission (ARC) 2 -year Terms 3. Sc� J;�� (1 -year Alternate (if appointed): Energiv and Environment Advisory Commission EEAC 2-1,ear Terms 1. T►m }�cd.�' 2. (1 -year Alternate (if appointed): Gun Club Lake Watershed Management Organization (WMO) 3-. ear Term 1. (3 -year Alternate (if appointed):UN&-saas —) 2012 City Council Advisor) Commission Appointments Advisory Planning Commission (APCs 1. Peter Dugan 2. Thomas Heaney 3. Daniel Piper Advisory Parks and Recreation Commission (APrQ 1. Michael Palmer 2. Ray Hobot Airl)ort Relations Commission [ARC} 1. Chad Stambaugh 2. Carol Whisnant 3. Scott Johnson Enert,v and Environment Advisory Commission EEAC 1. Tim Harder 2. Michael Wisniewski 3. Amir Nadav 4. Jon Drucker Gun Club Lake Watershed Management Organization (WMO) 1. Vacant Alternate: Wayne Sames Commission , Ballot # 2012 ADVISORY COMMISSION VOTING TALLY APC ARC I APrC EEAC � WMO Peter Duizan* Thomas Heaney* Daniel Piper* Tim Harder Michael Wisniewski Chad Stambaugh* Carol Whisnant* Scott Johnson Michael Palmer* Ray Hobot Pierre Lippert Clifford Spencer Amir Nadav * Jon Drucker Wayne Sames*** *Incumbent on a City Advisory Commission ** Alternate Board Member only Initial: Advisory Planning Commission (APC) 2 -near Terms 1. 2. Advisory Planning Commission APC 2 -year Terms 2.� u Initial: Advisory Planning Commission APC 2 -year Terms 2. 3. ` ;v Initial: Advisory Planning Commission APC 2 -near Terms Initial: Advisory Planning Commission (APC} 2 -year Terms �0 2. 3. , i , Pik Commission Ballot # 4,, 2012 ADVISORY COMMISSION VOTING TALLY APC Peter Dugan* ARC APrC EEAC WMO Thomas Heaney* Daniel Piper* Tim Harder Michael Wisniewski Chad Stambaugh* Carol Whisnant* Scott Johnson Michael Palmer* Ray Hobot Pierre Lippert Clifford Spencer Amir Nadav* Jon Drucker Wayne Sames * * * *Incumbent on a City Advisory Commission ** Alternate Board Member only Initial:,. Airport Relations Commission (ARC) 2 -N. -ear Terms 0 3. 5-i A jo � ,5, n Airport Relations Commission (ARC) 2-vear Terms 2. C tc 1�J"� cwt itis ✓! 3. Sc, utl— � 0 L r oto. Initial. 9 Airport Relations Commission (ARC) 2 -year Terms Initial: /VV Airport Relations Commission ARC 2 -near Terms 2. COOL- WL WhIL-AAit- k)�t:SIK Initial: wl Airport Relations Commission (ARC) 2 -near Terms 1. .fin ac-eA.a� 2. Mission ,4)t # q- 2012 ADVISORY COMMISSION VOTING TALLY *Incumbent on a City Advisory Commission ** Alternate Board Member only APC ARC APrC EEAC WMO Peter Dugan _ Thomas Heaney* Daniel Piper* Tim Harder Michael Wisniewski Chad Stambaugh* Carol Whisnant* Scott Johnson 1 Michael Palmer* Ray Hobot Pierre Lippert Clifford Spencer Amir Nadav* Jon Drucker Wayne Sames*** *Incumbent on a City Advisory Commission ** Alternate Board Member only Initial: Advisory_ Parks and Recreation Commission (APrQ 2-v ear Terms 2. P�41►� UPPeMM- Initov Advisory Parks and Recreation Commission (APrC) 2 -year Terms Initial: Advisory Parks and Recreation Commission (APrQ 2 -year Terms 1. G4-2-�� 2. 140b C54- Initial:Il Advisory Parks and Recreation Commission (APrQ 2 -year Terms Initial: i Advisory Parks and Recreation Commission JAPrQ 2-v ear Terms Commission Ballot # 2012 ADVISORY COMMISSION VOTING TALLY Peter Dugan Thomas Heaney* Daniel Piper* APC ARC APrC EEAC WMO Tim Harder Michael Wisniewski Chad Stambaugh* Carol Whisnant* Scott Johnson Michael Palmer Ray Hobot Pierre Lippert Clifford Spencer Amir Nadav* Jon Drucker Wayne Sames*** *Incumbent on a City Advisory Commission ** Alternate Board Member only Initial: /V. Enmv and Environment Advisory Commission (EEAC) 2 -year Terms "4ej )ACAU 2. ons .p RpV11 Ax, " 'OrJtl,,,, 3. /�1 l� ItInJk&e s oAd 'f W .&dew � ' Ll Initial: Ener2v and Environment Advisory Commission (EEAC} 2 -near Terms �ovtd 2. Jolt �tG� 3.00 ---- - Md W i5v►(e�v��t a. I'm 4 Initial:� Energy and Environment Advisory Commission (EEAQ 2 -year Terms 2. 3 , n D!cA, � 3. N ` Lot W E50-,�wj'� Initial:.., hrO� Energy and Environment Advisory Commission (EEAQ 2 -year Terms 1. 7�n I 2. cs�> 4. Ener2v and Environment Advisory Commission EEAC 2 -rear Terms 2. ....'^ �� �c�c e✓' 3. _. 4. /t�tLL l CoKJ,- S LA;e-o s� Commission, Ballot # 2012 ADVISORY COMMISSION VOTING TALLY *Incumbent on a City Advisory Commission ** Alternate Board Member only APC ARC APrC EEAC WMO Peter Dugan* Thomas Heaney* y Daniel Piper* Tim Harder Michael Wisniewski Chad Stambaugh* Carol Whisnant* Scott Johnson Michael Palmer* Ray Hobot Pierre Li ert Clifford Spencer Amir Nadav * Jon Drucker Wayne Sames *Incumbent on a City Advisory Commission ** Alternate Board Member only L' Initial: Gun Club Lake Watershed Management Organization ("'MO) 3 -near Term 1. Alternate Manager, 3 -year Term IfI Initial:� Gun Club Lake Watershed Manap-ement Oruanization (WMO) 3 -near Term 1. Alternate Manager. 3-vear Term 1. Initial: Gun Club Lake Watershed Management Or=ganization JWMO) 3 -year Term 1. Alternate Manager, 3 -year Term 1. 4yk 54 fts Initia .5 Gun Club Lake Watershed Management Organization (WMA 3 -year Term 1. —-----.. _. Alternate Manager, 3 -year Term Gun Club Lake Watershed Mana ement Organization WMO 3-vear Term 1. Alternate Manager, year Term 1.