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05/15/2007 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota May 15, 2007 A Listening Session was held at 6:00 p.m. in the Eagan Room prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Carlson, Tilley and Bakken. Kurt Hoffman requested review of the no parking restrictions currently on Scott Trail. Council directed the issue be reviewed by the Public Works Committee. A regular meeting of the Eagan City Council was held on May 15, 2007 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Carlson, Tilley and Bakken. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom Colbert; City Attorney Bob Bauer, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted a construction update would be given under Recognitions and Presentations and Item D under New Business regarding a proposed Open Space Preservation Fund will be continued to a work session on June 12, 2007. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS City Administrator Hedges provided an update regarding construction on Highway 149. Kim Hazel was recognized for her 20 years of service with the City. Mayor Maguire discussed the proclamation naming June as Eagan Lakes Appreciation Month. CONSENT AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the consent agenda as presented. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the May 1, 2007 regular City Council as presented. B. Personnel Items. 1. It was recommended to accept the letter of retirement from Kim Hazel, part-time building maintenance worker, and acknowledge Kim for 20 years of service to the City of Eagan. 2. It was recommended to approve the hiring of a person to be named as overnight custodian at the Community Center. 3. It was recommended to approve the hiring of a person to be named as overnight custodian at the Campus Facilities. 4. It was recommended to acknowledge that Jordan Hirman was hired as Manager-on-Duty at the Campus Facilities (approval given 4-17-07). 5. It was recommended to approve the transfer of Cara Lardy from seasonal Recreation Program Assistant to Permanent Part-time Manager on Duty/Seniors. 6. It was recommended to approve the hiring of Christine Marden, Greg Bostrom, Andrew Johnson, Emily Thorkildson, Kaitlin Giles, Kristin Giles and Brenna O?Gorman as part-time seasonal recreation leaders. 7. It was recommended to approve the hiring of Brittany Patrias, Lauren Hoffman, Mark Burkhardt, Matt Mason, Brad Walker, Michelle Finlon, Elizabeth Anderson and Laura Farlee as part-time seasonal recreation assistants. 8. It was recommended to approve the hiring of Megan Wollan, Judith Forde, Jackie Carlson, Amber Geske, Pamela Clarke-Garcia and Barb Mason as part-time seasonal preschool teachers. Eagan City Council Meeting Minutes May 15, 2007 Page 2 9. It was recommended to approve the hiring of Joan Rodgers as a part-time seasonal preschool teacher?s assistant. C. Check Registers. It was recommended to ratify the check registers dated May 3, 2007 and May 10, 2007 as presented. D. WMO Member. It was recommended to appoint Jason Akey to a one year term on the Gun Club Lake Watershed Management Organization. E. Financial Report. It was recommended to direct the 2006 Annual Financial Report and Audit Findings to the City Council?s Finance Committee for a preliminary review. F. 2007 Part II CIP. It was recommended to amend the 2007 Part II CIP. G. CDBG. It was recommended to authorize continued participation in the Dakota County CDA coordination of the City?s Community Development Block Grant funding for the next three year period (2008-2010). H. Final Subdivision. It was recommended to approve a 90-day extension of the Final Subdivision approval for Marian Addition, to create two single-family lots upon 1.8 acres of land located at 4365 Capricorn Place in the NE ¼ of Section 27. I. Final Subdivision. It was recommended to approve a 30-day extension of the Final Subdivision approval for Terra Glenn Lofts, to combine two existing lots into one property legally described as Lot 1, Block 1, Terra Glenn Lofts, in the NW ¼ of Section 16. J. Contract 07-03. It was recommended to award Contract 07-03 (2007 Street Sealcoat) to Pearson Brothers for the base bid in the amount of $414,423.90 (no Polymer and excluding Cul-de-sac circles), and authorize the Mayor and City Clerk to execute all related documents. K. Easement Vacation. It was recommended to receive the petition to vacate a portion of a public drainage and utility easement within Lot 2, Block 1 Unisys Park Addition, and schedule a public hearing to be held on June 19, 2007. L. Easement Vacation. It was recommended to receive the petition to vacate a portion of a public drainage rd and utility easement within Lot 1, Block 1 Safari at Eagan 3 Addition, and schedule a public hearing to be held on June 19, 2007. M. Project 951. It was recommended to receive the draft feasibility report for Project 951 (South Dodd Road ? Lift Station Improvements) and schedule a public hearing to be held on June 19, 2007. N. Project 05-E. It was recommended to acknowledge the completion of imporvemetns for City Project No. 05-E (Sweet Place) under terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions. 07-21 O. Lakes Appreciation Month. It was recommended to proclaim June 2007 as Eagan Lakes Appreciation Month and authorize the Mayor and City Clerk to execute all related documents. P. Joint Powers Agreement. It was recommended to approve a Joint Powers Agreement (JPA) with Dakota County to provide maintenance services on City owned and operated traffic signals. Q. Northwood Parkway No Parking. It was recommended to approve a resolution to prohibit parking on 07-22 Northwood Parkway between Pilot Knob Road and Denmark Avenue and authorize the Mayor and City Clerk to execute all related documents. R. Resignation. It was recommended to accept the resignation of Bill Raker from the Burnsville Eagan Telecommunications Commission. S. Final Plat and Final Planned Development. It was recommended to approve a Final Plat (Lot 1, Block 1, th West Publishing Company 7 Addition) that combines two platted parcels into one lot located at 610 Opperman Drive in the NW ¼ of Section 13. T. Charter Commission Expenses. It was recommended to affirm the opinion of the City Attorney pertaining to the reimbursement of Eagan Charter Commission expenses. U. Lease Amendment. It was recommended to approve an amendment to the existing lease agreement with Verizon Wireless and authorize the Mayor and City Clerk to execute all related documents. nd V. Final Subdivision. It was recommended to approve a Final Subdivision (Oak Hills Church 2 Addition) located south of Yankee Doodle Road and east of Coachman Road in the NW ¼ of Section 16. PUBLIC HEARINGS There were no public hearings. OLD BUSINESS Eagan City Council Meeting Minutes May 15, 2007 Page 3 There were no items under Old Business. NEW BUSINESS PRELIMINARY SUBDIVISION AND CONDITIONAL USE PERMITS ND DIFFLEY PLAZA 2 ADDITION ? THE NATIONAL BANK City Administrator Hedges introduced this item regarding the preliminary subdivision of 2.56 acres to create 3 lots for a commercial development, and three conditional use permits to allow shared parking for property, allow a drive through for the proposed bank, and to allow a drive through for the proposed coffee shop, all on property located at 4249 Johnny Cake Ridge Road. City Planner Ridley gave a staff report. George Fantauzza, Architect for the project, discussed the proposed building and stated they do not have a tenant for a coffee shop and would not object to the conditional use permit for the drive through for the coffee being continued should there be concerns that need to be addressed. He also discussed the landscaping plan in conjunction with the utility easement and asked for some leeway with the screening from the 2003 approved berm landscaping plan, allowing for the use of existing trees. Two residents expressed their concerns in regard to the proposed drive through for the coffee shop. They also requested that the developer be allowed to install landscaping in the easement to provide for optimal buffering. Public Works Director Colbert discussed the drainage and utility easement, stating he sees no future use of the easement and would not object to plantings being installed in the easement. He also noted that the applicant could petition to have the easement vacated. City Attorney Bauer stated an Easement Encroachment Agreement could also be prepared and recorded against the property. After discussion, Council agreed that they were not comfortable approving the conditional use permit for the coffee shop drive through until an actual tenant is secured. Mr. Fantauzza withdrew the application for a conditional use permit to allow a drive through for the proposed coffee shop. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision of 2.56 acres to create 3 lots for a commercial development for property located at 4249 Johnny Cake Ridge Road legally described as Lot 3, Block 1, Diffley Plaza, NW ¼ of Section 28, 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: A1, B1, C1, 2, 4, D1 and E1. 2. The property shall be platted. 3. The applicant shall revise the site plan to provide the correct building setbacks. 4. The applicant shall revise the elevations to provide the overall height of the buildings. 5. The building materials for the buildings on Lots 1, 2 and 3 must meet City Code requirements. 6. The rooftop mechanical equipment must meet screening requirements per City Code. 7. Trash enclosures shall comply with City ordinance requirements. 8. The applicant shall revise the lighting specifications to provide a maximum pole height of 15 feet. 9. The applicant shall revise the Lighting Plan so that all the property lines are depicted. 10. the applicant shall provide a Landscape Plan that incorporates the approved April 2003 Berm landscaping Plan and properly screens parking lot areas per city ordinance requirements. 11. The Landscape Plan shall be revised to match the plant schedule with the plantings shown on the plan. Eagan City Council Meeting Minutes May 15, 2007 Page 4 12. The Landscape Plan shall be revised to remove proposed plantings from within the drainage and utility easements. 13. Building signage shall comply with City sign ordinance requirements. 14. All building signage shall be uniform in design, font, size and color. 15. 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. 16. 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. 17. The applicant shall provide evidence of cross easements for circulation, in a form acceptable to the City Attorney. 18. The applicant shall provide evidence that the lot to be subdivided is permitted to take access to the private street, in a form acceptable to the City Attorney. 19. This development shall be responsible for a cash parks dedication and cash trails dedication when development occurs. 20. The developer shall enter into an encroachment agreement, in a form acceptable to the city attorney, to permit landscaping and trees within the city?s drainage and utility easement. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow shared parking for property located at 4249 Johnny Cake Ridge Road legally described as Lots 2 and 3, nd Block 1, Diffley Plaza 2 Addition, NW ¼ of Section 28, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 90 days of approval by the City Council, and proof of recording submitted to the City. 2. The applicant shall provide evidence of a reciprocal parking agreement, in a form acceptable to the City Attorney. 3. Reserving parking stalls for individual tenants shall be prohibited. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to allow a drive through for the proposed bank for property located at 4249 Johnny Cake Ridge Road legally nd described as Lot 2, Block 1, Diffley Plaza 2 Addition, NW ¼ of Section 28, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 90 days of approval by the City Council, and proof of recording submitted to the City. 2. Hours of operations shall be confined to the period between 7:00 a.m. and 1:00 a.m. as required by City Code. 3. Lighting shall have no direct source visible from the public right-of-way or adjacent land. 4. The applicant shall provide evidence of the three internal access easements that benefit the property, in a form acceptable to the City Attorney. PRELIMINARY SUBDIVISION (BOULDER LAKES BUSINESS PARK) INTERSTATE PARTNERS City Administrator Hedges introduced this item regarding a preliminary subdivision to create four lots and two outlots on approximately 85 acres located north of Lone Oak Road. City Planner Ridley gave a staff report. Greg Miller, Interstate Partners, discussed the proposed subdivision and business park. He questioned the condition requiring additional measures to mitigate any increase in phosphorus loading to downstream waterbodies and the increase in park dedication fees. Eagan City Council Meeting Minutes May 15, 2007 Page 5 Six area property owners expressed their concern regarding the lack of notice, impact of the project on their properties, extension of the watermain, road improvements, assessments, impact on wetlands, and loss of trees. City Administrator Hedges and City Planner Ridley explained the notice procedure via the mailed Public Hearing Notice. Ridley further explained that the development will be buffered from the south but cautioned that it would be visible from Lone Oak Road and properties to the south. Public Works Director Colbert explained the trunk watermain extension process and that assessments would be based on connection; he also explained the process for the future county road (Lone Oak) expansion. Parks and Recreation Director Johnson explained the need, process and rationale for the modification to the park dedication calculation formula. After discussion of the proposed park dedication fees, Council concurred that the Finance Committee should review the new formula for calculating the fees and a discussion be held at a future work session. It was also agreed that a condition of approval for the subdivision would be added noting that staff will work with the developer in regard to the park dedication fees after the Council has made a decision. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a preliminary subdivision to create four lots and two outlots upon approximately 85 acres located north of Lone Oak road in the SE ¼ of Section 1, 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: A 1, B1, B2, B3, B4, C1, C2, C3, C4, D1 and E1. 2. The property shall be platted. 3. The final landscape plan shall incorporate shrub and/or perennial plantings into the perimeter landscaping to provide 75% screening of the parking areas to a height of 3? to 4? as required by the City?s landscape ordinance. 4. The final landscape plan shall also incorporate foundation plantings. 5. 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. 6. 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. 7. Public improvement projects providing for pipe outlets for Ponds FP-8 and FP-9, in accordance with the Storm Water Management Plan, shall be approved by the City Council prior to final subdivision approval for this development. 8. The developer shall provide a temporary public easement over the temporary cul-de-sac at the north end of the proposed street in a form acceptable to the City Attorney. 9. This development shall accept the City?s determination of responsibility and per acre costs of $4,000 per net developable acre for Northeast Eagan Area Wide Traffic Study mitigative traffic improvements. The financial obligation will be placed in an escrow account with the City to be used solely for financing the improvements. The applicant shall enter into an escrow agreement in a form acceptable to the City Attorney and provide the required deposit prior to final subdivision approval/release of the plat for recording. Any unused amount will be returned to the payers within 10 years of full development of the properties within the study area. 10. The vacation of underlying right-of-way and easements on the property should occur in conjunction with consideration of the final subdivision for this development. 11. The internal roadway / service drive system of the site plan should be modified to reflect possible restriction of access to Lone Oak Road per Dakota County requirements. The applicant shall provide proof of cross easements for ingress/egress in a form acceptable to the City Attorney. 12. The developer shall consider implementing the performance measures in proposed Policies 3.1 and 3.3 specified in the Water Quality/Wetlands section of this report. 13. The applicant has submitted a Tree Mitigation Plan that indicates the fulfillment of required tree mitigation in phases as follow: Eagan City Council Meeting Minutes May 15, 2007 Page 6 a. Sixty-six (66) Category B trees, 50% of the required tree mitigation, will occur on Parcel 1 (L2, B2), and Parcel 3 (L1, B1). b. The balance of total site required mitigation, sixty-five (65) Category B trees will occur during the development of Parcel 2 (L1, B2), Parcel 4 (L2, B1), Parcel 5 (Outlot B), and Parcel 6 (Outlot A). 14. The applicant shall protect the preserved 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. 15. The applicant shall protect the preserved 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. 16. 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. 17. The developer shall dedicate conservation easements around the DNR waters as follows: a. A 50? buffer area around DNR #19-0054: (Shanahan Lake) b. A 50? buffer area around DNR #19-0256W (City Pond FP-9) 18. The most recent grading plan refers to Pond #3 being within the 15? no-grade area. The drainage pond shall be redesigned to avoid grading within the 15? no-grade zone. 19. Before the City will issue a grading permit, the developer shall provide the City a fully completed Minnesota Wetland Conservation Act (WCA) ? Contractor Responsibility and Landowner Statement Form. 20. Prior to issuance of a grading permit, the developer shall provide the City a fully completed Minnesota Wetland Conservation Act (WCA ? Declaration of Restrictions and Covenants for Site Specific Wetland Replacement Form. This form shall be notarized and shall be filed with the Dakota County Recorder, so that the obligations and restrictions on the use of the wetland become a permanent part of the land record. 21. Within a year after final construction and installation of the wetland replacement area, the developer shall submit to the City the first of five annual monitoring reports by no later than December 31 of that year. The developer shall submit to the City the four additional annual monitoring reports by no later than December 31 of those subsequent years. Monitoring of the wetland replacement area shall be in accordance with Minn. Rules Ch. 8420.0600 through 8420.0620. 22. Prior to release of financial obligations for projects with approved wetland replacement plans, the City must issue a Minnesota wetland Conservation Act (WCA) ? Certificate of Compliance that certifies the City Water Resources Coordinator has performed a final site inspection and finds that monitoring of the replacement site has been completed as required, any problems identified have been adequately addressed and remedied, and the goal of the replacement plan has been achieved. 23. In accordance with policies of the City?s current Water Quality Management Plan (Plan: 1990), the developer shall provide measures so as to mitigate any increase in phosphorus loading to downstream priority waterbodies (DNR #19-0054P and DNR #190256W). Such measures shall include but not be limited to reducing impervious area, providing infiltration, additional treatment basin construction, and 07-21 treatment of stormwater discharge through other means. 24. The developer shall work with staff in regard to the park dedication fees. COMPREHENSIVE GUIDE PLAN AMENDMENT CITY OF EAGAN City Administrator Hedges introduced this item regarding Comprehensive Guide Plan Amendments to the Land Use and Parks and Recreation Sections of the 2000 Comprehensive Guide Plan. City Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve Comprehensive Guide Plan Amendments to the Lane Use and Parks and Recreation Sections of the 2000 Comprehensive Guide Plan. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes May 15, 2007 Page 7 RESOLUTION CREATING A FUND TO BE DESIGNATED AS THE ?OPEN SPACE PRESERVATION FUND? Mayor Maguire moved, Councilmember Tilley seconded a motion to defer discussion of a fund to be designated as the ?Open Space Preservation Fund? to the June 12, 2007 work session. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no updates. The regular City Council meeting was recessed at 9:30 p.m. and a meeting of the Economic Development Authority was immediately convened. The regular City Council meeting was reconvened at 9:35 p.m. ADMINISTRATIVE AGENDA Correspondence to Governor Pawlenty. City Administrator Hedges discussed appointments to be made by Governor Pawlenty to the Metropolitan Airports Commission. The Eagan Airport Relations Commission is recommending that the City Council send correspondence requesting that the Governor appoint a commission who will be committed to maintaining a professional relationship with the City, which would include ongoing communication with the City on issues that could impact the community. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve correspondence to be sent to Governor Pawlenty regarding his upcoming appointments to the Metropolitan Airports Commission. Aye: 5 Nay: 0 Southern Twin Cities Association of Realtors Survey. City Administrator Hedges discussed a survey by the Airport Relations Commission to gauge the impact of airport noise on residents? decisions to buy or sell homes in Eagan. Burnsville Eagan Telecommunications Commission. City Administrator Hedges noted that the City has been contacted by the City of Burnsville regarding the current make up of the Burnsville-Eagan Telecommunications Commission. They are requesting that the City of Eagan designate two Councilmembers who would be willing to meet with two of the Burnsville Councilmembers to discuss the BETC, as well as any other business items impacting both communities. Councilmember Tilley and Mayor Maguire volunteered to meet with two Councilmembers from Burnsville to discuss the current make up of the BETC and any other items of business that are impacting both communities. Minnesota Investment Fund. Community Development Director Hohenstein discussed a requested assistance package of $4.5 million as part of the anticipated Thomson expansion. The City is being asked to act as a conduit for an initial $1 million in funding from the Minnesota Investment Fund. It was noted that the City would be required to be the applicant for these funds, hold a public hearing and adopt a resolution authorizing the City as applicant. Councilmember Tilley moved, Councilmember Fields seconded a motion to authorize preparation of Minnesota Investment Fund application for Thomson expansion and set a public hearing date of June 5, 2007. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes May 15, 2007 Page 8 Cedar Grove Redevelopment District ? Amendment of purchase agreement. Community Development Director Hohenstein discussed language that had not been included in the purchase agreement relative to the action being taken in lieu of eminent domain for the Kelly Plourde Property, 3935 Cedarview Drive. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the addition of the language noted in the Administrative Agenda to the purchase agreement for the Kelly Plourde property to indicate that the acquisition is in lieu of eminent domain. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes May 15, 2007 Page 9 VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Fields moved, Councilmember Carlson seconded a motion to adjourn the meeting at 9:45 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.