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07/17/2007 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 17, 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. There were no citizens who wished to be heard. A regular meeting of the Eagan City Council was held on July 10, 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, City Planner Mike Ridley, Assistant City Engineer Russ Matthys; City Attorney Michael Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Chief of Police McDonald provided an update regarding the vandalism at Woodland School. Animal Control Officer Kathleen Gilbertson was recognized for her retirement and 28 years of service to the City. CONSENT AGENDA Councilmember Fields moved, Councilmember Tilley 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 July 10, 2007 regular City Council meeting as presented. B. Personnel Items. 1. Accepted the letter of retirement from Kathleen Gilbertson, Animal Control Officer. 2. Accepted the letter of resignation from Mary Ann Olson, Utility Billing/Special Assessments Clerk. C. Check Registers. Ratified the check registers dated July 12, 2007 as presented. D. Occupational Safety and Health Manual. It was recommended to approve the updated City of Eagan Occupational Safety and Health Manual. E. Flag Policy. It was recommended to adopt the flag policy as outlined to align and conform Eagan?s practice to Federal Flag Code. F. Contract 06-01. It was recommended to approve Supplemental Agreement No. 3, Part A for Contract 06- 01, TH 149 Reconstruction. G. Project 952. It was recommended to receive the draft feasibility report for Project 952 (Boulder Lakes ? Street & Utility Improvements) and schedule a public hearing to be held on August 21, 2007. H. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easement within Lot 5, Block 1 Oster Addition and schedule a public hearing to be held on August 21, 2007. I. Ballistic Protection Armor. It was recommended to accept ballistic protection armor for the police tactical team from the Dakota County Domestic Preparedness Agency. J. Joint Powers Agreement. ? Lebanon Hills Regional Park. It was recommended to approve a Joint Powers Agreement with Dakota County, Rosemount and Apple Valley for Lebanon Hills Regional park Storm Water Management and Project 905R and authorize the Mayor and City Clerk to execute all related documents. K. Tobacco License. Approved Tobacco License for Jakes City Grille, 1238 Promenade Place Eagan City Council Meeting Minutes July 17, 2007 Page 2 PUBLIC HEARINGS VARIANCES ? DJR ARCHITECTURES (MINNWEST BANK) City Administrator Hedges introduced this item regarding a variance to allow a detached trash enclosure in the LB Zoning District and a variance to the 25 foot structure setback from a private street, for a detached trash enclosure, for Minnwest Bank located at 1150 Yankee Doodle Road. City Planner Ridley gave a staff report. A representative of DJR Architecture was present to answer questions of the Council. Mayor Maguire 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 Tilley seconded a motion to approve a variance to allow a detached trash enclosure in the LB zoning district for Minnwest Bank located at 1150 Yankee Doodle Road in the NE ¼ of Section 15, subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension ahs been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The Landscape Plan shall be enhanced to include shrub beds or other plantings on the west side to provide screening of 75% opacity to a height of 3 to 4 feet as required by the City Code. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a variance of 7 feet to the 25 foot structure setback from a private street, for a detached trash enclosure for Minnwest Bank located at 1150 Yankee Doodle Road Drive in the NE 1/4 of Section 15, subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. OLD BUSINESS WATER QUALITY & WETLAND MANAGEMENT PLAN City Administrator Hedges introduced this item regarding the Water Quality and Wetland Management Plan for the City of Eagan dated July 2007. City Engineer Matthys gave a staff report. Barbara Naramore, Paul Leeder, and Tim Callister were recognized for their contributions as citizen representatives on the Task Force by Water Resources Coordinator Eric Macbeth. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the Water Quality and Wetland Management Plan for the City of Eagan dated July 2007. ORDINANCE AMENDMENT ? CITY OF EAGAN WETLANDS PROTECTION & MANAGEMENT REGULATIONS City Administrator Hedges discussed an Ordinance Amendment regarding the Wetlands Protection & Management Regulations. Eagan City Council Meeting Minutes July 17, 2007 Page 3 Councilmember Carlson asked if the result of these changes would result in existing developed properties becoming non-conforming. Water Resource Coordinator Macbeth stated they would not. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve an Ordinance Amendment to modify Chapter 11, with the addition of Section 11.67 Wetlands Protection and Management Regulations, and modify all related existing sections (10.25; 11.65, Subd. 9(J); 4.32(B); 11.30) accordingly, by addressing wetland protection and associated regulations as incorporated within the approved Water Quality and Wetland Management Plan for the City of Eagan dated July, 2007. Aye: 5 Nay:0 NEW BUSINESS CONDITIONAL USE PERMIT ? DARCOM PARTNERSHIP LLC City Administrator Hedges introduced this item regarding a conditional use permit for the outdoor storage of vehicles, boats, trailers and miscellaneous equipment for property located at 1299 Eagan Industrial Road. City Planner Ridley gave a staff report. Gary Fuchs, representing Darcom Partnership, requested condition number 2 regarding the replat of the parcels, condition number 7 regarding the landscape plan, and condition number 8 regarding the surfacing of the storage area for the pole storage racks be reconsidered. Councilmembers discussed the screening plan as proposed by the applicant and agreed that adding vinyl slats in the fence would be acceptable. It was also agreed that condition number 8 be deleted and condition number 2 regarding the replat of the property be amended to indicate that, by agreement, the two parcels must be sold together. Councilmember Carlson moved, Mayor Maguire seconded a motion to approve a Conditional Use Permit for the outdoor storage of vehicles, boats, trailers and miscellaneous equipment for property located at 1299 Eagan Industrial Road, legally described as Lots 12 and 13, Block 2, Eagandale Center Industrial Park, in the NW ¼ of Section 3, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit supersedes all prior CUP?s in effect for the property and shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The applicant shall prepare and record perpetual declarations against the property, to be reviewed by the City Attorney, establishing that the parcels shall not be separately sold, mortgaged or encumbered without prior approval by the City. 3. The storage area shall be maintained in an orderly fashion. 4. The outdoor storage shall be limited to the storage of the items, quantities and locations set forth on the Site Plan and narrative dated May 31, 2007. 5. The four temporary signs shall be removed. 6. Building signage shall comply with City Sign Ordinance requirements. 7. Applicant shall install opaque vinyl slats in the existing fence as indicated by revisions made to site plan on July 17, 2007 to block view from public right-of-way per current City Code requirements. 8. The safety storage for LP cylinders and flammable container safety cabinet along the north side of the building should have a minimum spacing of 5 feet from any building openings. 9. The applicant shall provide an enclosure, consistent with City Code requirements, to house trash and recycling containers. 10. Further landscaping will be added acceptable to City staff and in compliance with safety standards. PRELIMINARY SUBDIVISION (SUMAC RIDGE) ? CASCADE PARTNERS, LP Eagan City Council Meeting Minutes July 17, 2007 Page 4 City Administrator Hedges introduced this item regarding a preliminary subdivision to create six single family lots upon approximately 2.9 acres located at 4395 Dodd Road. City Planner Ridley gave a staff report. Council questioned the amount of space that construction vehicles can work within and not infringe on neighboring property. City Engineer Matthys discussed restrictive access right of way easements. A representative of Cascade Partners discussed the proposed project in relation to an existing retaining wall. Todd Harpster representing property owners to the north requested a low maintenance grass or shrub be installed in the right-of-way. He also requested that the retaining wall be located at a safe distance from the fence. Staff addressed the retaining wall and fence location. Councilmember Fields moved, Mayor Maguire seconded a motion to approve a Preliminary Subdivision (Sumac Ridge) to create six single-family lots upon approximately 2.9 acres located at 4395 Dodd Road in the NW ¼ of Section 25, 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, B2, B4, C1, C2, C3, D1, and E1. 2. The property shall be platted. 3. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to final subdivision approval. 4. 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. 5. All personnel responsible for the construction and management of erosion / sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 6. Erosion control measures shall be installed and maintained in accordance with City Code and engineering standards. 7. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 8. The outlet from the proposed infiltration basin shall be constructed with an outlet skimmer structure in accordance with City engineering standards. 9. The developer shall provide storm water management to control rates of storm water runoff to adjacent properties to less than or equal existing runoff rates. 10. The developer shall provide a restricted access easement along the north edge of the public street within the development. The easement shall be in a form acceptable to the City Attorney. 11. This subdivision shall be subject to a cash parks dedication payable at the time of final plat at the rates that are in effect. 12. This development shall be subject to a cash trails dedication. 13. The developer shall work with the City Engineering and Parks Department to determine the exact alignment of the storm pond overflow pipe and method of restoration. 14. The developer shall protect the preserved trees? 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 developers shall schedule a site meeting with adjacent landowners to address actions required to protect critical root zones of off-site trees. The City of Eagan Supervisor of Forestry shall attend this meeting. 16. The developer 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. Eagan City Council Meeting Minutes July 17, 2007 Page 5 17. Stormwater runoff shall be treated primarily via an onsite constructed pond. In particular, the design, construction, and function of the proposed ?infiltration basin? shall satisfy City standards and criteria, as determined by City Engineering and the City Water Resources Coordinator and in accordance with City policies and water quality models. 18. In accordance with policies of the City?s current Water Quality Management Plan, the developer shall provide additional measures so as to mitigate any increase in phosphorus loading to Schwanz Lake (DNR #19-0063P). Such measures shall include but not be limited to: reducing impervious area, providing infiltration, additional treatment basin construction, and treatment of stormwater discharge through other means. 19. A cash dedication in lieu of treatment ponding shall be required for the remaining developed area that will not drain to the basin. 20. Low maintenance plantings or natural grasses may be planted in the right of way. PRELIMINARY SUBDIVISION (SAMMY SWEET CHEEKS) ? JEFFREY HILL City Administrator Hedges introduced this item regarding a preliminary subdivision of one acre to create three single family lots for property located at 2888 Sibley Memorial Drive. City Planner Ridley gave a staff report. Carl Glewwe, adjacent property owner, expressed his concern over access should he decide to develop his property. Jeff Hill, developer, discussed Mr. Glewwe?s concern. He indicated that he did not want to be obligated to work with all the different property owners adjacent to his property in regard to access issues. Staff addressed the access issue. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision of one acre to create three single family lots for property located at 2888 Sibley Memorial Drive in the SW ¼ of Section 4 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, B2, B4, C1, C2, C3, D1, and E1. 2. The property shall be platted. 3. This development shall be responsible for a cash park and trails dedication based on the rates in effect at the time of Final Subdivision. 4. An individual lot tree preservation plan shall be submitted at the time of building permit application for Lot 2 and Lot 3, Block 1. 5. Architectural design and construction methods for the new home shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA. 6. The proposed retaining wall construction shall be limited to areas on the development property, and outside public right-of-way. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges discussed correspondence from the U.S. Conference of Mayors asking that the City urge its House Representative to support the Energy Efficiency Block Grant which is anticipated to be heard on the floor of the U.S. House this week. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve correspondence to Representative Kline to reinforce the City?s request for his support of the Energy Efficiency Block Grant. Aye: 5 Nay: 0 The regular City Council meeting was recessed at 8:45 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 11:50 p.m. Eagan City Council Meeting Minutes July 17, 2007 Page 6 ADMINISTRATIVE AGENDA City Administrator Hedges noted that an Executive Session would be held to discuss Diffley Ventures v. the City of Eagan litigation. VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 11:55 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.