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01/04/2005 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota January 4, 2005 A regular meeting of the Eagan City Council was held on January 4, 2005 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira McGarvey. OATHS OF OFFICE The Oaths of Office were administered to Councilmembers Tilley and Fields by Deputy Clerk McGarvey. AGENDA Councilmember Maguire moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the December 13, 2004 regular City Council meeting and the December 13, 2004 special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Lawrence Pluta as a Street Maintenance Worker. 2. It was recommended to approve the hiring of Randy Boyden, Mike Boyer, Keith Wallace and Brad Champlin as part-time seasonal broomball/boot hockey officials. 3. It was recommended to approve the hiring of Bruce Berry, David Schomburg and Mike Kabakov as part-time seasonal basketball scorekeepers. 4. It was recommended to acknowledge that Julie Strid was hired as Planning Aide in the Community Development Department. (approval was given on December 13, 2004) 5. It was recommended to appoint Lori Peterson, Human Resources Manager, as the City?s Human Rights Officer and Americans with Disabilities Act Coordinator. 6. It was recommended to approve the 2005-2006 Collective Bargaining Agreement between the City of Eagan and the Clerical Bargaining Unit. C. Check Registers. It was recommended to ratify the check registers dated December 16 and December 23, 2004 as presented. D. Fee Schedule Amendment. It was recommended to amend the 2005 Fee Schedule to reflect a Police Contractual Security rate of $52.00 / hour + 5% administrative charge. E. Joint Purchasing Agreement. It was recommended to approve the 8-City Joint Purchasing Agreement for Street Maintenance Contractual Services and authorize the Mayor and City Clerk to execute all related documents. F. Project 786. It was recommended to receive the petition and authorize the preparation of a feasibility report by the City Engineer for Project 786 (Denmark Avenue, Wescott Road to Crestridge Lane ? Trail / Sidewalk Improvement). G. Project 911. It was recommended to receive the Draft Feasibility Report for Project 911 (Berkshire Ponds nd / Safari 2 ? Street Improvements) and schedule a public hearing to be held on February 1, 2005. H. Project 920. It was recommended to approve a Traffic Control Signal Agreement for Project 920 (Lone Oak Road / Neil Armstrong Boulevard Intersection ? Traffic Signal Improvements) with the Dakota County Transportation Department and authorize the Mayor and City Clerk to execute all related documents. I. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements on Lot 7, Block 1, McCarthy Ridge and Lot 19, Block 3 Oslund Timberline and schedule a public hearing to be held on February 1, 2005. Eagan City Council Meeting Minutes January 4, 2005 Page 2 J. Contract 03-08. It was recommended to approve the final payment for Contract 03-08 (Thresher Fields ? Park Development) in the amount of $31,725.56 to Imperial Developers, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. K. Project 918. It was recommended to receive the draft feasibility report for Project 918 (Pilot Knob Road, Central Parkway to Lone Oak Road ? Street and Traffic Signal Improvements) and schedule a public hearing to be held on February 1, 2005. L. Janitorial Contract. It was recommended to approve the renewal of a one year contract with Lifeworks Services Inc. for the provision of limited janitorial services in designated park buildings, and authorize the Mayor and City Clerk to execute the appropriate documents. M. Program Agreement. It was recommended to approve the renewal of the Heart Healthy Living Program Agreement for Eagan Community Center. N. Cascade Bay Pool Repair. It was recommended to approve the plans and specifications and authorize the advertisement of bids for pool repair work at Cascade Bay. O. Sam?s Club Grant. It was recommended to approve acceptance of an $875 grant from Sam?s Club. P. American Heart Association Grant. It was recommended to approve acceptance of a $3,400 grant from the American Heart Association. Q. Agreement ? Medical Direction. It was recommended to approve an agreement for medical direction between HealthEast Transportation, Inc. and the City of Eagan. R. Special Council Meetings. It was recommended to schedule special City Council meetings for January 11, 21, 22 & 25, 2005. Motion was made by Maguire, seconded by Tilley to approve the Consent Agenda as presented. Aye: 5 Nay: 0 PUBLIC HEARINGS VARIANCE TO EXCEED THE 20 PERCENT BUILDING COVERAGE MAXIMUM FOR A PORCH ADDITION LOCATED AT 1480 PINETREE PASS DAVID AND LISA ZOE City Administrator Hedges introduced this item regarding a request for a variance to exceed the 20 percent building coverage maximum by 2 percent for a porch addition to the principal structure at 1480 Pinetree Pass. City Planner Ridley gave a staff report. David Zoe, applicant, discussed the requested variance stating the porch will add privacy to his property from the adjacent development to be built. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Variance to exceed the 20 percent building coverage maximum by 2 percent for a porch addition to the principal structure at 1480 Pinetree Pass 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. 2. The variance only applies to the covered porch addition proposed with this request (15 feet by 30 feet on the south side of the house). OLD BUSINESS PRELIMINARY SUBDIVISION (PEARLMONT HEIGHTS) TIM BOHLMAN Eagan City Council Meeting Minutes January 4, 2005 Page 3 City Administrator Hedges provided background information regarding a request for a rezoning of 12.44 acres from R-2 Residential Double to PD, Planned Development, a Preliminary Subdivision to create 51 lots, and a Planned Development to create 24 twinhomes with reduced setbacks on property located at 1565 and 1535 Violet Lane. This item was continued from the December 13, 2004 Council meeting to allow time for Council?s and Public Work?s concerns about design, setbacks and lot coverage to be addressed. City Planner Ridley discussed the revised site plan. Councilmembers, staff and the applicant, Tim Bohlman, discussed the revised plans. Councilmember Fields moved , Councilmember Tilley seconded a motion to approve a Rezoning of 12.44 acres from R-2 Residential Double to PD, Planned Development, for property located at 1565 and 1535 Violet Lane in the NE ¼ of Section 16. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision (Pearlmont Heights) of 12.44 acres to create 51 lots, for property located at 1565 and 1535 Violet Lane in the NE ¼ of Section 16, subject to the following conditions: Aye: 5 Nay: 0 1. The property shall be platted. 2. 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. 3. The existing home and outbuildings shall be removed prior to development. 4. If the developer petitions the city for the water main extension project, the public improvement project shall be approved by the City Council prior to final subdivision approval. 5. The developer shall construct an outlet skimmer structure on the existing storm sewer pipe, in accordance with City engineering standards. 6. The public trail between Lots 14 and 15 shall be constructed by the developer with the development and prior to issuance of building permits for Lots 14 and 15. 7. The developer shall provide public trail easement over the proposed trail between Lots 14 and 15, prior to final subdivision approval, in a form acceptable to the City Attorney. 8. A temporary sign depicting the trails existence on Lot 14 and 15 is required by the developer. 9. The development shall be responsible for a cash park dedication. 10. The development shall include a 20? wide access/trail easement extending north and south from the curb line to the property line between lots 14 and 15, dedicated to the City. 11. A 10? wide bituminous trail extending the length of the easement, built in accordance with City standards, shall be installed by the developer in the easement between lots 14 and 15, prior to any construction on lots 14 and 15. 12. The development shall be responsible for a cash trails dedication, minus a credit of $1800 for the installation the trail in between Lots 14 and 15. 13. The applicant shall fulfill required tree preservation mitigation through the installation of one-hundred two (102) Category B trees, or an equivalent combination of Category A and Category C trees. 14. 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 and off-site (i.e. park trees). 15. 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. 16. The development shall meet the City?s water quality requirements by creating a set of three stormwater treatment ponds. The stormwater treatment ponds should be constructed according to NURP standards with maximum depths of 6 feet, 10:1 aquatic benches from normal water levels, and outlet structures acceptable to the City Engineering Division. 17. A homeowner?s association document shall be submitted prior to Final Subdivision approval subject to the City Attorney?s review. All common areas shall be conveyed to the homeowner?s association. 18. All common area, retaining walls and signage shall be maintained by the homeowners association. 19. The monument sign shall meet City Code requirements. 20. Maximum of 20 percent lot coverage as presented at the January 4, 2005 Council meeting. Eagan City Council Meeting Minutes January 4, 2005 Page 4 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development to create 24 twinhomes (48 units) with reduced setbacks on property located at 1565 and 1535 Violet Lane in the NE ¼ of Section 16, subject to the following conditions: Aye: 5 Nay: 0 1. The applicant shall enter into a Preliminary Planned Development Agreement with the City that shall be recorded at the Dakota County Recorder?s Office. 2. The applicant shall enter into a Final Planned Development Agreement with the City. The following exhibits are necessary for the Agreement: ? Final Site Plan ? Final Building Elevations Plan ? Final Tree Preservation Plan ? Final Landscape Plan ? Final Lighting Plan ? Final Signage Plan STEEPLECHASE ENVIRONMENTAL ASSESSMENT WORKSHEET City Administrator Hedges introduced this item regarding the potential need for a Steeplechase Environmental Impact Statement (EIS) for the Diamond T property located in south-central Eagan. He recommended that this item be combined with the following item related to the Steeplechase Development. City Planner Ridley provided information regarding the Steeplechase proposal and the EAW. Beth Bartz, SRF, highlighted the process and the purpose of the EAW. She stated that SRF and City Staff believe an EIS is not warranted. Four residents spoke regarding the EAW, inquiring about the demolition debris on the property, if tests were conducted after the EAW was ordered, sequencing of the wetland, and the storm water report. Jennifer Force, Braun Intertec, the developer?s consultant, and George Kinney, Dakota County Environmental Division and City Planner Ridley addressed the concerns of the residents. Councilmembers held a brief discussion and agreed the EAW was very thorough and saw no need or benefit of an EIS. Councilmember Maguire moved, Councilmember Tilley seconded a motion adopt a Negative Declaration on the need for a Steeplechase Environmental Impact Statement (EIS) for the Diamond T property located in south- central Eagan in the SE ¼ of Section 33. Aye: 5 Nay: 0 REZONING, PRELIMINARY SUBDIVISION, PRELIMINARY PLANNED DEVELOPMENT (FORMER DIAMOND T SITE) TOLL BROTHERS City Administrator Hedges provided background information regarding this request for a rezoning of 37 acres, a Preliminary Subdivision, variance, preliminary planned development and wetland replacement plan for property located at 4889 Pilot Knob Road. City Planner Ridley discussed the proposed rezoning and development. Joey Zorn, Toll Brothers, made a presentation regarding the proposal. Ten residents spoke expressing their concerns in regard to adverse effects on the ponds and who would be responsible, a conservation easement, loss of trees, density of the project and the need for townhomes more conducive to senior citizens, increased traffic, hours of construction, the extension of Wellington Way and the lack of notification to homeowners that Wellington Way could potentially be extended; and devaluation of homes that would no longer be on a cul-de-sac. City Planner Ridley, Public Works Director Colbert and the developer responded to the questions of the residents. Councilmembers, staff and the developer?s design engineers held a discussion which included a concern over oak wilt, topography and elevations, wetland sequencing requirements and off site wetland banking. Other issues Eagan City Council Meeting Minutes January 4, 2005 Page 5 discussed included the density of the project, private vs. public streets and on street parking. It was the consensus of the Council that the project as presented was not acceptable. Tim Keane, representing the developer, requested the item be continued to the February 1, 2005 Council meeting to allow time for modifications to be made to the plans. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of a Rezoning, Preliminary Subdivision, Planned Development and wetland replacement plan for property located at 4889 Pilot Knob Road to the February 1, 2005 Council meeting. Aye: 5 Nay: 0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT ? SAM?S CLUB CORE STATES ENGINEERING City Administrator Hedges introduced this item regarding a planned development amendment to allow a motor fuel station at Sam?s Club at 3035 Denmark Avenue. City Planner Ridley gave a staff report. Public Works Director Colbert discussed traffic circulation options. Dave Sellergren, representing Sam?s Club, discussed plans that had been revised from a similar request to add a motor fuel station to this site in 2003. He reviewed two options for re-configuration of the entrance and stated they prefer option two which provides for the separation of incoming and out-going traffic by creating a driving lane solely dedicated to inbound traffic from Denmark Avenue to the north side of the parking lot, away from the main entrance of the building. Councilmembers discussed eliminating additional parking spaces and adding more green area and landscaping. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve a Planned Development Amendment to allow motor fuel station on Lot 3, Block 1, Eagandale Center Industrial Park No. 9, subject to the following conditions: Aye: 4 Nay: 1 Maguire opposed Option two ? deletion of three parking spots. 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder?s office. 2. Other than motor fuel, no goods shall be sold nor services provided at the motor fuel facility. 3. There shall be an attendant at the fueling facility at all times during operating hours. 4. The applicant shall provide a two-way drive aisle modified according to option two as presented by the applicant. 5. The final site lighting plan shall show site lighting for the entire area of the motor fuel facility, including any additional free standing or building mounted fixtures. Any new free-standing or building mounted fixtures shall match existing lighting on the site. Site lighting shall not exceed one footcandle at the property line, and shall be shielded and downcast so the source of light is not visible from off the property. 6. The motor fuel facility shall operate only between the hours of 6:00 a.m. and 9:00 p.m. Monday through Saturday, and 9:00 a.m. and 7:00 p.m. Sundays. 7. The final landscape plan shall include contour lines and be singed by a registered landscape architect or certified nurseryperson. 8. The proposed motor fueling facility shall be constructed of rockface block, brick and stucco materials to match the existing building and shall be consistent with the elevations shown on he plans dated January 6, 2003. 9. Canopy signage is allowed on two elevations only. 10. Advertising and name signage shall not be allowed on the fuel pumps or pump islands. 11. This Amendment is intended to supplement and amend the existing Planned Development Agreement. All other conditions and provisions of the existing Planned Development agreement shall remain in full force and effect. Eagan City Council Meeting Minutes January 4, 2005 Page 6 12. Option two of the proposed plan shall be implemented, eliminating three parking spaces highlighted during the Council discussion on January 4, 2005. TH PLANNED DEVELOPMENT AMENDMENT (LOT 2, BLOCK 1, EAGANDALE OFFICE PARK 5 ADDITION ? EAGANDALE BUSINESS CENTER, LLC City Administrator Hedges introduced this item regarding a Planned Development Amendment and a Final Planned Development for multiple buildings on one parcel for a four-building 20-unit town office condominium th development on Lot 2, Block 1, Eagandale Office Park 5 Addition. City Planner Ridley gave a staff report. Council and the applicant discussed eliminating southern parking spaces by providing more proof of parking areas. Councilmember Fields moved, Councilmember Tilley seconded a motion to recommend approval of a Planned Development Amendment and a Final Planned Development for multiple buildings on one parcel for a four- th building 20-unit town office condominium development on Lot 2, Block 1, Eagandale Office Park 5 Addition in the NW ¼ of Section 3, subject to the following conditions: Aye: 5 Nay: 0 1. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City. The Final Planned Development Agreement shall be recorded against the property at the Dakota County Recorder?s office prior to issuance of a building permit. 2. The following exhibits are required for the Final Planned Development Agreement: ? Final Site Plan ? Final Building Elevations/Signage Plan ? Final Landscape Plan ? Final Site Lighting Plan 3. The site shall be developed in accordance with the above referenced final plans. 4. Prior to issuance of a building permit, the developer shall provide to the City a copy of the condominium association documents, in a form acceptable to the City Attorney, 5. The developer shall construct the modifications to Pond HP-8, in he northeast corner of the site, in accordance with City engineering standards. 6. The developer shall obtain a permit from the City to work within the easement area of Pond HP-8. The terms of such permit shall require the developer to have such work inspected by the City, construction escrow in an amount reasonably determined by the City, as-built plans, and financial guarantees for the proposed public storm sewer modifications. 7. The shared access to Lots 1 and 2 shall be reconstructed to provide for a single driveway opening with a maximum width of 30 feet onto Corporate Center Curve. 8. The developer shall prepare an ingress / easement for the shared access between Lots 1 and 2 for review and approval by the City Attorney prior to final subdivision approval. 9. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage requirements. 10. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 11. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. 12. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. 13. Occupant name signage shall be limited to the monument sign only. 14. The monument sign shall be subject to the standards of the City Sign Code for size, setbacks, etc. 15. The existing off-premise monument sign at the east end of the site shall be removed prior to issuance of a building permit for this development. 16. Storage of all trash and recyclables shall be contained within the buildings. Eagan City Council Meeting Minutes January 4, 2005 Page 7 17. All site lighting shall be shielded and directed downward so that the source of light is not visible from off the property. 18. This development is responsible for cash park and trails dedications payable at the time of building permit issuance at the rates then in effect. 19. Adding more proof of parking as modified by the Council at the January 4, 2005 Council meeting. ORDINANCE AMENDMENT ? CITY OF EAGAN City Administrator Hedges introduced this item regarding an Ordinance Amendment to modify Chapter 11, Section 11.60, Subd 18 PD Planned Development District by requiring additional submittal requirements for a planned development. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve an Ordinance Amendment to modify Chapter 11, Section 11.60, Subd. 18 PD Planned Development District by requiring additional submittal requirements and direct the City Attorney to prepare and publish the amendment to the legal newspaper. Aye: 5 Nay: 0 CAPONI PROPERTY ACQUISITION / CAPONI ART PARK UPDATE City Administrator Hedges and Councilmember Maguire provided an update on the Caponi property acquisition. Dick Scheifer, representing Mr. and Mrs. Caponi was present to discuss storm sewer charges. Mayor Geagan stated that issue would be taken up at a sub-committee meeting. Bob McGillivary of Trust for Public Lane requested that the Purchase Agreement be signed prior to negotiations on the storm sewer charges in order to meet th the January 5 deadline for funding. After discussion, Council agreed that the Purchase Agreement could be executed prior to negations on the storm sewer charges because all provisions of the agreement would have to be met prior to actual closing on the property. Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve a Purchase Agreement for the Caponi property subject to review by the City Attorney and City Administrator. Aye: 5 Nay: 0 NEW RUNWAY / AIRPORT UPDATE City Administrator Hedges provided a brief update on the runway / airport issue. ADMINISTRATIVE AGENDA Information only was provided. The regular City Council meeting was recessed at 11:40 to convene a meeting of the Economic Development Authority. VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 11:45 p.m. Aye: 5 Nay: 0 _____________________________ ___________________________________ Date Administrative Secretary / Deputy Clerk Eagan City Council Meeting Minutes January 4, 2005 Page 8 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.