10/17/2006 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
October 17, 2006
A Listening Session was held prior to the regular City Council meeting on October 17, 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 October 17, 2006 at 6:30 p.m. at the Eagan Municipal
Center. Present were Mayor Geagan, Fields, Tilley, and Maguire. Councilmember Carlson arrived at 6:45 p.m.
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
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the consent agenda as
presented. Aye: 4 Nay: 0
A. Minutes. It was recommended to approve the minutes of the October 3, 2006 regular City Council
.
meeting as presented
B. Personnel Items.
1. It was recommended to approve the proposed reorganization of the clerical support staff in
Community Development by replacing one Clerical Tech III with a Clerical Tech IV and
authorize the advertisement of a Clerical Tech IV.
C. Check Registers. It was recommended to ratify the check register dated October 5, 2006 and October 12,
2006 as presented
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D. Exempt Permit. It was recommended to adopt a resolution approving an Exempt Permit for Faithful
Shepherd Catholic School
E. Pigeon License. It was recommended to approve a license for Eric Drenckhahn to house pigeons on his
property at 2811 Pilot Knob Road.
F. Project 877. It was recommended to receive the Final Assessment Roll for Project 877 (Lexington
Avenue, Lone Oak Road to Trunk Highway 55 ? Street Reconstruction an Overlay) and schedule a public
hearing to be held on November 21, 2006.
G. Amendment to Snow Plowing Agreements. It was recommended to approve the amendments to
contractual snow plowing agreements with Gallagher?s, Inc. for the street and cul-de-sac snow removal
and Bever Landscaping for trail and sidewalk snow removal for the 2006-2007 winter season and
authorize the Mayor and City Clerk to execute all related documents
H. Project 04-R. It was recommended to acknowledge the completion of public infrastructure improvements
for City Project No. 04-R (Evergreen Enclave Addition) under terms of the Development Agreement and
authorize perpetual City maintenance subject to warranty provisions
I. Final Subdivision and Final Planned Development. It was recommended to approve the vacation of a
portion of public right-of-way (Gun Club Road) west of Biscayne Avenue in the SE ¼ of Section 36; a
final subdivision (Red Pine Crossing) to create two lots upon approximately 9.82 acres located south of
Red Pine Lane and east of Highway 3 in the SE ¼ of Section 36; 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 ¼ of Section 36.
J. Final Planned Development and Final Subdivision. It was recommended to approve a Final Subdivision
of 21 acres to create 3 Lots and one Outlot on property located in the southwest corner of Yankee Doodle
Eagan City Council Meeting Minutes
October 17, 2006
Page 2
Road and Highway 149 in the NW ¼ of Section 13 subject to conditions in the July 6, 2006 City Council
minutes; and a Final Planned Development to allow a 52,500 SF office/warehouse building on Lot 2,
Block 1, LoNidy, located in the southwest corner of Yankee Doodle Road and Highway 149 in the NW ¼
of Section 13, subject to conditions in the July 6, 2006 City Council minutes.
K. Extension for Final Plat. It was recommended to approve a 60-day extension of time to record the final
plat for Manley Commercial Addition, located on O?Neill Drive south of I-494 and west of Argenta Trail
in the NE ¼ of Section 1.
L. Cedar Bluff Housing Improvement Area. It was recommended to approve the implementation of a
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Housing Improvement District under Minnesota Statutes Sections 428A.11 ? 428A.21 by the adoption of:
1. An ordinance establishing the Cedar Bluff Housing Improvements Area.
2. A resolution imposing fees on housing units within the Cedar Bluff Housing Improvement Area
to finance improvements.
3. A Development Agreement between the City and the Association.
M. Short Term Lease ? Armful of Love Program. It was recommended to authorize the preparation of short
term lease agreement for Community Action Council ? Armful of Love Program at Cedarvale Mall and
authorize the Mayor and City Clerk to execute the agreement.
N. Removed from Agenda.
O. Project 942. It was recommended to receive the Draft Feasibility Report for Project 942, Deerwood Drive
(Blackhawk Road to Pilot Knob Road ? Street Improvements) and schedule a public hearing to be held on
November 21, 2006.
P. Project 943. It was recommended to receive the Draft Feasibility Report for Project 943 Wescott Road
(Pilot Knob Road to Denmark Avenue ? Street Improvements) and schedule a public hearing to be held on
November 21, 2006.
Q. Final Assessment Rolls - City Projects 926/927/932/933. It was recommended to approve clarification of
the assessment roll property identification numbers for City Project No.?s 926 (Saddlehorn / Sunset /
Northview Meadows), 927 (Meadowland / Suncliffe / Beaver Dam Road) 932 (Whispering Woods / Slater
Acres / Slater Road), and 933 (Town Centre / O?Leary Lane / Golfview).
PUBLIC HEARINGS
PROJECT 930, SILVER BELL ROAD (NICOLS TO KENNEBEC)
STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING
City Administrator Hedges introduced this item regarding the final assessment roll for street overlay improvements
for Silver Bell Road. Public Works Director Colbert gave a staff report.
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 the Final Assessment Roll
for Project 930 (Silver Bell Road ? Street Overlay Improvements) and authorize its certification to Dakota County
for collection. Aye: 4 Nay: 0
PROJECT 931, ART RAHN / HILLANDALE STREET OVERLAY IMPROVEMENTS
FINAL ASSESSMENT HEARING
City Administrator Hedges introduced this item regarding the final assessment roll for street overlay improvements
for Art Rahn / Hillandale Additions. Public Works Director Colbert gave a staff report.
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 the Final Assessment Roll
for Project 931 (Art Rahn / Hillandale Additions ? Street Overlay Improvements) and authorize its certification to
Dakota County for collection. Aye: 4 Nay: 0
Eagan City Council Meeting Minutes
October 17, 2006
Page 3
OLD BUSINESS
MODIFICATION OF CONDITIONAL USE PERMIT ? BEST BRANDS
ND
(LOT 1, BLOCK 1, BEST BRANDS 2 ADDITION)
City Administrator Hedges introduced this item regarding a request for a modification to the conditions of approval
regarding outside storage with the conditional use permit approved for Best Brands. City Planner Ridley gave a
staff report.
Councilmembers discussed the proposed modification regarding the bituminous surface and it was the consensus of
the Council that the site be inspected annually by City staff.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the request for a modification
to the conditions of approval regarding outside storage with the Conditional Use Permit approved for Best Brands
nd
on Lot 1, Block 1, Best Brands 2 Addition in the SE ¼ of Section 8 with inspection of the recycled asphalt by
City staff annually. Aye: 5 Nay: 1 (Maguire opposed)
NEW BUSINESS
WATER QUALITY MANAGEMENT PLAN
PUBLIC COMMENT PERIOD
City Administrator Hedges introduced this item regarding the draft Water Quality Management Plan. Eric
Macbeth, Water Resources Coordinator presented the plan to the Council.
Councilmember Carlson moved, Councilmember Maguire seconded a motion to receive the draft Water Quality
Management Plan and authorize a 60 day public comment period beginning October 18, 2006 and closing
December 18, 2006. Aye: 5 Nay: 0
WETLAND DELINEATION ? MADELYN WOODS
City Administrator Hedges introduced this item regarding the Wetland Delineation Report for Madelyn Woods.
City Planner Ridley gave a staff report.
Councilmember Fields moved, Councilmember Carlson seconded a motion to receive and affirm the Wetland
Delineation Report for Madelyn Woods. Aye: 5 Nay: 0
PRELIMINARY SUBDIVISION (MADELYN WOODS)
VIRIDIAN VENTURES, LLC
City Administrator Hedges introduced this item regarding a Preliminary Subdivision to create eight single-family
lots upon approximately 5 acres for property located at 1810 and 1836 Cliff Road. City Planner Ridley gave a staff
report.
Chuck Ryan, representing the property owner and developer, discussed the proposed subdivision noting that as
many trees as possible will be preserved.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision to
create eight single-family lots upon approximately 5 acres for property located at 1810 and 1836 Cliff Road in the
NE ¼ of Section 32, subject to the following conditions: Aye: 5 Nay: 0
Eagan City Council Meeting Minutes
October 17, 2006
Page 4
1. The developer shall comply with these standards conditions of plat approval as adopted by Council on
February 2, 1993: A1, B1, B2, B3, B4, C1, C2, C4, D1, and E1.
2. The property shall be platted.
3. The developer shall prepare and submit a noise abatement plan in accordance with Chapter 13.20,
Subd. 15, prior to final subdivision approval.
4. The applicant shall fulfill tree mitigation requirements through the installation of thirty-six (36)
Category B trees (or an equivalent combination of Category A and/or Category C trees).
5. The applicant shall submit a revised Tree Preservation Plan prior to Final Subdivision approval that
shows the correct placement of tree protection fencing required to protect the critical root zones of all
preserved trees. Required Tree Protective measures (i.e. orange colored silt fence or 4 foot
polyethylene laminate safety netting), shall 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.
6. The applicant shall contact the City Forestry Division to 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.
7. All retaining walls shall be constructed outside the drainage and utility easements for the
pond/wetland areas.
8. All erosion/sediment control plans submitted for development and grading permits shall be prepared
by a designer who has received current Minnesota Department of Transportation (MNDOT) training,
or approved equal training as determined by the City Engineer in designing stormwater pollution
prevention plans.
9. All personnel responsible for the installation of erosion / sediment control devices, and the
establishment of vegetation for the development, shall have received Erosion / Sediment Control
Inspector / Installer certification through the University of Minnesota, or approved equal training as
determined by the City Engineer.
10. Erosion control measures shall be installed and maintained in accordance with City Code and
engineering standards.
11. The proposed pipe draining to the easement area from the development shall be extended to the
elevation of the existing 24-inch pipe outlet elevation (~elevation 934.8).
12. On-site rate-control ponding for the development shall provide storage to contain the 100-year storm
event with a rate of runoff equal to the current pre-development conditions.
13. Stormwater runoff shall be treated on site via one constructed pond. The design and construction of
the treatment ponds and infiltration basins shall satisfy City standards and criteria. A cash dedication
in lieu of on-site ponding shall be required for that portion of the site that does not drain to the pond.
14. The wetland delineation report for the site shall be explicitly accepted as submitted.
15. All existing well and septic systems on the site, if any, shall be abandoned in accordance with Dakota
County and City standards as part of this development.
16. This development shall dedicate public right-of-way along Cliff Road (County Road 32) as required
by Dakota County.
17. The entrance monument shall be eliminated or relocated. Alternatively, an agreement may be
executed with the City that provides for location of the monument within the right-of-way and its
maintenance.
18. This development shall be subject to a cash parks and trails dedication on the six new dwelling units.
LONE OAK BUSINESS CAMPUS ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW)
CITY OF EAGAN
City Administrator Hedges introduced this item regarding an Environmental Assessment Worksheet (EAW) for
Lone Oak Business Campus. City Planner Ridley gave a staff report.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to adopt a Negative Declaration on the
need for a Lone Oak Business Campus Environmental Impact Statement (EIS) for the 85 acre property located
north of Lone Oak Road and west of Inver Grove Heights in the SE ¼ of Section 1. Aye: 5 Nay: 0
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
Eagan City Council Meeting Minutes
October 17, 2006
Page 5
There were no items.
ADMINISTRATIVE AGENDA
There were no items.
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
ADJOURNMENT
Councilmember Maguire moved, Councilmember Fields seconded a motion to adjourn the meeting at 7: 20 p.m.
_______________________________ ___________________________________
Date Administrative Secretary / Deputy City Clerk
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of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535).
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orientation, marital status or status with regard to public assistance.