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01/18/2005 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota January 18, 2005 A regular meeting of the Eagan City Council was held on January 18, 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, Assistant City Engineer John Gorder, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira McGarvey. AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS CITY OF EAGAN?S PARTNERSHIP WITH LIFEWORKS SERVICES A representative of Lifeworks Services provided a brief presentation highlighting the partnership between Lifeworks and the City of Eagan. RETIREMENT OF HOLLY DUFFY th Holly Duffy, Assistant City Administrator / Human Resources Director, who will be retiring on January 28, was recognized for her years of service to the City of Eagan. CONSENT AGENDA Items I and J were pulled and moved to the Administrative Agenda for discussion. A. Minutes. It was recommended to approve the minutes of the January 4, 2005 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Brian Thom as a Mechanic. 2. It was recommended to approve a policy addressing long term employees resigning or retiring. C. Check Registers. It was recommended to ratify the check registers dated December 20, 2004, January 6, 2005 and January 13, 2005 as presented. D. Massage Therapy Establishment License. It was recommended to approve the transfer of a Massage Therapy Establishment License for Body Wellness Massage Center, 7410 Federal Drive, to Richard Beaumont. E. Change in Management ? Lost Spur Golf Course. It was recommended to approve a change in management on the on-sale liquor license for the Lost Spur Golf Course located at 2750 Sibley Memorial Highway. F. Change in Management ? Cub Foods. It was recommended to approve a change in management on the off-sale 3.2 percent malt liquor license for Cub Foods located at 1940 Cliff Lake Road. G. Change in Business Structure ? Young Tai Lim. It was recommended to approve a change in business structure (ownership) of on-sale wine and 3.2 percent malt liquor license from Young Tai Lim (Sole Proprietor) to Hoban Korean Restaurant, Inc. (Corporation). H. Contract 04-05, Well #20. It was recommended to receive the bids and continue the award of contract. I. Pulled and moved to Administrative Agenda. Contract 04-10. North Water Treatment Plant ? Landscaping and Irrigation. J. Pulled and moved to Administrative Agenda. Contract 05-03, Well #21 ? Drilling Pumping Equipment. K. Contract 03-09. It was recommended to approve Change Order #9 to Contract 03-09 (Water Treatment Plant Expansion) and authorize the Mayor and City Clerk to execute all related documents. Eagan City Council Meeting Minutes January 18, 2005 Page 2 L. Project 908 / Contract 05-06. It was recommended to receive the petition and authorize the preparation of plans and specifications by the City Engineer for Project 908/Contract 05-06 (Pearlmont Heights ? Trunk Water Main Improvements). M. Noxious Weed. It was recommended to approve a Resolution Petition to add Spotted Knapweed to the list of Prohibited Noxious Weeds in Dakota County. N. Final Plat. It was recommended to approve a Final Plat to create one lot for commercial development of the previously owned city lot located at Diffley and Highway 3 in the SE ¼ of Section 24. O. Contract for Sentence To Serve. It was recommended to approve the renewal of a contract with Dakota County for STS (Sentence to Serve) services for 2005 and authorize the mayor and City Clerk to sign associated documents. P. Contract for Trail Grooming. It was recommended to approve Joint Powers Agreement with Dakota County for the provision of winter grooming services, on a per request basis, at winter facilities operated by the City and authorize the Mayor and City Clerk to execute the appropriate documents. Q. Donation. It was recommended to accept the donation of a temporary sales building from Keystone Communities to be moved and used for storage purposes. R. Change in Management ? Don Pablo?s. It was recommended to approve a change in management on the on-sale liquor license f Pablo?s located at 1280 Promenade Place. Motion was made by Tilley, seconded by Fields to approve the Consent Agenda as amended. Aye: 5 Nay: 0 PUBLIC HEARINGS PROJECT 917, COACHMAN ROAD (SOUTH OF YANKEE DOODLE ROAD) STREET OVERLAY AND TRAIL IMPROVEMENTS City Administrator Hedges introduced this item regarding street overlay and trail improvements for Coachman Road, south of Yankee Doodle Road. Assistant City Engineer Gorder gave a staff report. Mayor Geagan opened the public hearing. Paul Danielson, representing Oak Hills Church, stated that the church is not opposed to the assessment but questions the benefit of the proposed trail to the church. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmembers held a discussion regarding the proposed trail location (west side of Coachman versus the east side), and the lack of benefit to Oak Hills Church. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve Project 917 (Coachman Road, South of Yankee Doodle Road ? Street Overlay and Trail Improvements for the west side of Coachman Road) and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 1 Maguire opposed 2005 CALENDAR YEAR CITY ORGANIZATIONAL BUSINESS ACTING MAYOR Mayor Geagan appointed Councilmember Fields as Acting Mayor. OFFICIAL LEGAL NEWSPAPER Motion was made by Carlson, seconded by Fields to approve retention of the This Week Newspaper as the City of Eagan?s official legal newspaper. Aye: 5 Nay: 0 CITY COUNCIL MEETING DATES Eagan City Council Meeting Minutes January 18, 2005 Page 3 Councilmember Fields moved, Councilmember Carlson seconded a motion to approve the 2005 Schedule of City Council meetings. Aye: 5 Nay: 0 2005 SCHEDULE OF REGULAR COUNCIL MEETINGS JANUARY 4 MAY 3 SEPTEMBER 6 JANUARY 18 MAY 17 SEPTEMBER 20 FEBRUARY 1 JUNE 7 OCTOBER 6* FEBRUARY 15 JUNE 21 OCTOBER 18 MARCH 1 JULY 5 NOVEMBER 3** MARCH 15 JULY 19 NOVEMBER 15 APRIL 5 AUGUST 2 DECEMBER 5*** APRIL 19 AUGUST 16 DECEMBER 20 *October 6 rather than October 4 due to Rosh Hashanah rd **November 3 rather than November 1 due to ISD 191 election December 5 rather than December 6 due to Truth in Taxation *** There will be a Listening Session at 6:00 p.m. before each regular Council meeting. 2005 SCHEDULE OF SPECIAL CITY COUNCIL MEETINGS AND WORKSHOPS JANUARY 11 MAY 10 SEPTEMBER 12** (ISD 191 primary) JANUARY 25 MAY 24 (tentative) SEPTEMBER 27 (tentative) FEBRUARY 8 JUNE 13 * OCTOBER 11 FEBRUARY 22 (tentative) JUNE 28 (tentative) OCTOBER 25 (tentative) MARCH 8 JULY 12 NOVEMBER 7 *** MARCH 22 (tentative) JULY 26 (tentative) NOVEMBER 22 (tentative) APRIL 12 AUGUST 9 DECEMBER 13 APRIL 26 (tentative) AUGUST 23 (tentative) * June 13 rather than June 14 due to Shavuot Eagan City Council Meeting Minutes January 18, 2005 Page 4 ** September 12 rather than September 13 due to ISD 191 primary ***November 7 rather than November 8 due to Election Day CITY COUNCIL MEETING PROCEDURES Councilmember Fields moved, Councilmember Tilley seconded a motion to acknowledge Robert?s Rules of Order as the means to conduct official business at all Regular City Council meetings, approve the changes to the agenda format and further approve the guidelines/handout for public participation in the City Council meeting. Aye: 5 Nay: 0 COUNCIL STANDING COMMITTEE AND REPRESENTATIVE APPOINTMENTS Councilmember Tilley moved, Councilmember Maguire seconded a motion to ratify the standing committee and representative appointments as follows: Aye: 5 Nay: 0 Finance Committee: Councilmember Carlson and Mayor Geagan Public Works Committee: Councilmember Fields and Councilmember Maguire Personnel Committee: Mayor Geagan and Councilmember Carlson Communications Committee : Councilmember Maguire and Councilmember Carlson Minnesota Valley Transit Authority Board: Councilmember Tilley School District #191: Councilmember Fields School District #196: Councilmember Fields School District #197: Councilmember Fields Community Center / Central Park Operations Committee: Mayor Geagan and Councilmember Carlson Caponi Property Subcommittee: councilmember Maguire and Councilmember Carlson Advisory Commissions Liaison Assignments: EDC- Mayor Geagan APrC ? Councilmember Carlson ARC ? Councilmember Fields APC ? Councilmember Maguire BETC ? Councilmember Tilley MSP Noise Oversight Committee ? Councilmember Fields, Assistant to City Administrator Dianne Miller MSP Joint Airport Zoning Board ? Planner Dudziak ECVB Board of Directors ? Councilmember Carlson NEW BUSINESS PRELIMINARY SUBDIVISION (CEDAR BLUFFS BUSINESS CENTER) ? OPUS City Administrator Hedges introduced this item regarding a preliminary subdivision of 14.98 acres to create two lots for industrial development on property located in Silver Bell Addition. City Planner Ridley gave a staff report. Craig Patterson, representing Opus, discussed the proposed plans. Eagan City Council Meeting Minutes January 18, 2005 Page 5 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision (Cedar Bluffs Business Center) of 14.98 acres to create two lots for industrial development on property legally described as Lot 3, Silver Bell Addition, and part of Outlot 2 Silver Bell Addition in the SE ¼ of Section 18 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, 2, 3, 4, C!, 2, 4, D1, and E1. 2. The property shall be platted. 3. The developer shall be responsible for installing and maintaining temporary erosion control measures to ensure protection of proposed 2:1 slopes from erosion. 4. All signage shall comply with the City of Eagan Sign Ordinance. 5. The applicant shall submit a revised site plan at time of Final Subdivision that indicates the proof of parking complying with aisle width and stall sizes. 6. The developer shall also be responsible for installing permanent erosion control measures on these slopes in accordance with City engineering standards. 7. Private ingress / egress easement providing for the shared driveway between Lots 1 and 2, in a form acceptable to the City Attorney, shall be prepared and executed by the developer prior to final subdivision approval. 8. A revised Landscape Plan shall be submitted with Final Subdivision application to show screening of the proof of parking area on Lot 1. This landscaping would be added only if the proof of parking is utilized. 9. The applicant shall fulfill required tree preservation mitigation through the installation of forth-eight (48) Category B trees, or an equivalent combination of Category B and Category C trees. 10. The stormwater pond shall be constructed with a minimum wet-pond volume of 1.8 acre-feet and a minimum area of 0.50 acres. It should have a 10:1 aquatic bench and outlet skimmer according to City design standards. REZONING, PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION (HOMESTEAD VILLAGE) ? MANLEY LAND DEVELOPMENT City Administrator Hedges introduced this item regarding a rezoning from Agriculture to Planned Development of five acres, a rezoning from Single family to Planned Development of 2.3 acres, a Preliminary Planned Development for an 18 unit twin home development with one outlot on 7.3 acres, and a Preliminary Subdivision to create 18 lots and one outlot for an 18 unit twin home development on 7.3 acres, all located at 500 Gun Club Road. City Planner Ridley gave a staff report. Frank Blundetto, representing Manley Land Development was present to discuss the proposed plans and answer questions of the Council. Councilmembers held a discussion which included the need for a Homeowners Association to provide trash service, lawn maintenance and exterior building maintenance, and a disclaimer regarding the existence of the gun club. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Rezoning from A, Agriculture to PD, Planned Development of five acres located at 500 Gun Club Road in the SE ¼ of Section 36. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Rezoning form R-1, Single-family to PD, Planned Development of 2.3 acres consisting of Outlot B, Long Acres, located north of 500 Gun Club Road in the SE ¼ of Section 36. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Planned Development for an 18-unit twin home development with one outlot on 7.3 acres located at 500 Gun Club Road in the SE ¼ of Section 36, subject to the following conditions: Aye: 5 Nay: 0 2 new conditions Eagan City Council Meeting Minutes January 18, 2005 Page 6 1. The property shall receive final subdivision / plat approval prior to building permit issuance. 2. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City. The following exhibits are required for the Final Planned Development Agreement: ? Final Site Plan ? Final Landscape / Tree Mitigation Plan ? Final Building Elevations Plan 3. The property shall be platted. 4. The Final Planned Development for the residential portion of this development should be submitted prior to final subdivision approval. Final subdivision approval should occur only after, or simultaneously with, approval of the Final Planned Development. 5. Unless otherwise specified in the Final Planned Development approval, standard R-2 zoning setbacks apply to this development. Minimum required setbacks shall be as follows: ? Front yard setback from public right-of-way ? 30 feet ? Side yard setback (living space side) ? 10 feet ? Rear yard setback ? 15 feet (see appropriate street setback if rear yard abuts a street) ? Decks must also adhere to these setbacks except as otherwise provided in City Code 6. Each unit shall provide a two-stall garage as a minimum. 7. The developer shall submit the final building elevations and exterior materials and colors with the Final Planned Development. 8. Developer shall prepare homeowners? association documents relative to trash service and lawn and exterior building maintenance, to be reviewed and approved by the City Attorney, prior to final planned development and plat approval and shall record the documents. 9. A notice of the existence of the gun club, its noise and hours of operation shall be included in the recorded planned development agreement, and in the developer sales material, which materials shall be submitted to the City for its approval. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision to create 18 lots and one outlot for an 18 unit twin home development upon 7.3 acres located at 500 Gun Club Road in the SE ¼ of Section 36, 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, B3, B4, C1, C2, C3, C4, D1, and E1. 2. The property shall be platted. 3. Erosion control practices during land disturbance activities shall comply with the City?s erosion control ordinance and shall be maintained throughout construction. 4. The developer shall be responsible for obtaining all necessary public street easement from the adjacent property for construction of a temporary cul-de-sac on the end of Street 1. 5. 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. 6. The developer shall revise the storm sewer plan to provide for construction of this pipe outside the limits of the retaining wall, or provide for adequate City maintenance accessibility by other means. 7. The stormwater treatment pond shall be constructed according to NURP standards with a maximum depth of 6 feet, a 10:1 aquatic bench from the normal water level, and an outlet structure acceptable to the City Engineering Division. 8. The developer shall fulfill required tree preservation mitigation through the installation of fifty-four (54) Category A trees, or an equivalent combination of Category B and Category C trees. 9. The park and trail dedications shall be satisfied through a cash dedication payable at the time of final subdivision at the rates then in effect. 10. Developer shall prepare homeowners? association documents relative to trash service and lawn and exterior building maintenance, to be reviewed and approved by the City Attorney, prior to final planned development and plat approval and shall record the documents. 11. A notice of the existence of the gun club, its noise and hours of operation shall be included in the recorded planned development agreement, and in the developer sales material, which materials shall be submitted to the City for its approval. Eagan City Council Meeting Minutes January 18, 2005 Page 7 PRELIMINARY SUBDIVISION (WINGS ADDITION) WINGS FINANCIAL City Administrator Hedges introduced this item regarding a Preliminary Subdivision to create two lots on 3.3 acres located at 3240 Denmark Avenue. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision to create two lots on 3.3 acres located at 3240 Denmark Avenue, legally described as Lot 1, Block 1, Olson-Burger Addition, in the SE ¼ of Section 10, 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, B4, C1, C2, C4, D1 and E1. 2. The property shall be platted. 3. A Landscape Plan shall be submitted at the time of building permit application for Lot 2. 4. To allow for proper spacing and efficiency of the future intersection of Denmark Avenue and Northwood Parkway, access to this development should be restricted to the two existing accesses constructed with development of Lot 1. 5. Prior to final subdivision approval, a private ingress/egress easement providing for the shared driveway between Lots 1 and 2 shall be prepared, in a form acceptable to the City Attorney. CAPONI PROPERTY ACQUISITION / CAPONI ART PARK UPDATE City Administrator Hedges provided an update on the Caponi property acquisition. NEW RUNWAY / AIRPORT UPDATE City Administrator Hedges provided a brief update on the runway / airport issue. ADMINISTRATIVE AGENDA Consent Agenda item I. Contract 04-10, Landscape and irrigation ? North Water Treatment Plant. Public Works Director Colbert made a presentation regarding landscaping and irrigation improvements for the Central Maintenance Facility Campus associated with the North Water Treatment Plant expansion located at 3419 Coachman Road. Councilmembers held a discussion regarding the proposed ornamental gate, fencing, and security issues. Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of bids for Contract 04-10 (North Water Treatment Plant ? Landscaping and Irrigation) to the February 1, 2005 regular Council meeting. Aye: 5 Nay: 0 Consent Agenda item J: Contract 05-03, Well #21. Public Works Director Colbert discussed the drilling and development of a second well and the installation of related pumping equipment to be located at 3616 Ashbury Road. Councilmembers held a discussion regarding drilling methods. Councilmember Carlson moved, Councilmember Fields seconded a motion to award Contract 05-03 (Well #21) to Traut Wells in the amount of $517,890. Aye: 5 Nay: 0 The regular City Council meeting was recessed at 9:00 p.m. to convene a meeting of the Economic Development Authority. VISITORS TO BE HEARD Eagan City Council Meeting Minutes January 18, 2005 Page 8 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 9:05 p.m. Aye: 5 Nay: 0 _____________________________ ___________________________________ Date Administrative Secretary / Deputy 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.