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08/16/2005 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota August 16, 2005 A Listening Session was held August 16, 2005 at 6:00 p.m. prior to the regular City Council meeting. All members of the City Council were present except Councilmember Tilley. Larry Wittwer, 4785 Erik?s Boulevard discussed a citation he received regarding his commercial vehicles parked on the street. Several of Mr. Wittwer?s neighbors were present to voice their support of Mr. Wittwer being allowed to continue parking on the street. Council directed the City Attorney to research an ordinance amendment pertaining to on street parking of commercial vehicles. A regular meeting of the Eagan City Council was held on August 16, 2005 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Fields, Carlson, 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 Pepper. AGENDA City Administrator Hedges noted that item X on the Consent Agenda will be considered as item C under Old Business. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye: Nay: RECOGNITIONS AND PRESENTATIONS Randy Distad, representing the Minnesota Recreation and Parks Association presented the Award of Excellence in recognition of the Passport to Play project. CLARIFICATION OF LANDSCAPE PLAN ? HAWTHORNE RIDGE A presentation was made regarding the landscaping of the Hawthorne Ridge retail development at the northwest intersection of Highway 3 and Diffley Road. The Council had directed that a clarification be presented at a regular Council meeting due to questions raised by a neighboring property owner at a recent Listening Session. CONSENT AGENDA Mayor Geagan recognized the volunteers for Burnsville / Eagan Community Television. (item K) Mayor Geagan moved, Councilmember Fields seconded a motion to proclaim August 18, 2005 as Burnsville/Eagan 05-41 Community Television Volunteer Appreciation Day. Aye: 5 Nay: 0 Community Development Director Hohenstein requested clarification on the July 7 Special City Council meeting minutes (page 3) regarding an open house to present the results of the Northeast Eagan Land Use Study. It was the consensus of the Council that an open house be held as needed. Councilmember Tilley moved, Councilmember Geagan seconded a motion to approve the balance of the consent agenda. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the August 1, 2005 regular City Council meeting, the August 9, 2005 special City Council meeting and the July 7, 2005 special City Council . meeting as presented or modified B. Personnel Items. 1. It was recommended to approve the hiring of Cora Pieper and Lori Stefanko as part-time guest services representatives at the Community Center. Eagan City Council Meeting Minutes August 16, 2005 Page 2 2. It was recommended to approve the hiring of Tait Anderson, Joey Morrison and Peter Borash as part-time concessions/building attendants at the Community Center. 05-42 3. It was recommended to approve a resolution authorizing an All Employee Training Event on September 8, 2005. 4. It was recommended to approve the adjustment to the 2005 City Administrator compensation to the top step of level 19. 5. It was recommended to approve re-hire of Ken Southorn as a part-time temporary employee providing support with emergency management. C. Check Registers. It was recommended to ratify the check registers dated August 4, 2005 and August 11, 2005 as presented. D. Reschedule Regular Council meeting. It was recommended to reschedule the regular City Council meeting for Tuesday, November 1 rather than Thursday, November 3, 2005. E. Fee Schedule Revision. It was recommended to amend the 2005 Fee Schedule charges for police and fire reports to $.25 per page. F. Community Center Operating Budget and Membership Rates. It was recommended to approve the 2006 membership rate and to approve the proposed 2006 Community Center operating budget. G. Membership Promotion ?Community Center. It was recommended to approve a one month membership to be promoted, marketed and sold at the Eagan Community Center in December, 2005. H. Fitness Membership ? Minimum Age ? Community Center. It was recommended to approve a change in the Eagan Community Center policy that would reduce the minimum age for membership from 15 years old down to 12. Members age 12-14 would have to be accompanied by a member parent at all times. I. Civic Arena Operating Budget. It was recommended to approve the 2005-2006 ice rental rates at no change from the 2004-2005 rates, to approve the proposed 2006 Civic Arena operating budget, and to approve the 2005 purchase of 2006 capital outlay items. J. Cascade Bay Operating Budget. It was recommended to approve the 2006 Cascade Bay user rates at no change from the 2005 rates and to approve the proposed 2006 Cascade Bay operating budget. K. Burnsville/Eagan Community Television Volunteer Appreciation Day ? August 18, 2005. It was recommended to proclaim August 18, 2005 Burnsville/Eagan Community Television Volunteer Appreciation Day. L. Ordinance Amendment. It was recommended to adopt an ordinance amendment to Chapter 5, Wine, Beer and Liquor Licensing and Regulation. M. Liquor License. It was recommended to approve the on-sale liquor and Sunday license and (brewpub off- sale malt liquor license, which is subject to approval by the Minnesota Commissioner of Public Safety) for Granite City Food and Brewery LTD to be effective following the adoption of an ordinance amendment of Chapter 5 of the Eagan City Code regarding brewpub operations. N. Liquor License. It was recommended to approve the off-sale liquor license for Pradith Inc., dba Urban Liquors, 1983 Silver Bell Road. O. Tobacco License. It was recommended to approve a Tobacco License for Pradith Syhaphom, Urban Liquors, 1983 Silver Bell Road. P. Tree Maintenance Contract License. It was recommended to approve a Tree Maintenance Contractor License for Kaposia Tree Service, 409 Rehnberg Place in West St. Paul. Q. School Liaison Agreement. It was recommended to approve a School Liaison Agreement between the City of Eagan and Independent School District #191 to provide School Resource Officers to VALE Education Center and Metcalf Junior High School. R. CMAQ Grant Application. It was recommended to authorize the submittal of a Federal Congestion Mitigation and Air Quality Improvement (CMAQ) Program Grant Application for funding of Cedar Grove East Transit Station. S. Housing Improvement Districts Policy. It was recommended to authorize the preparation of a policy pertaining to the creation of Housing Improvement Districts to assist with certain improvements of association managed residential property. T. CDBG. It was recommended to approve the Community Development Block Grant (CDBG) Sub Recipient Agreement for the City?s 2005-2006 CDBG Program with the Dakota County Community Development Agency (CDA). U. Wetland Exemption for Gopher Commons. It was recommended to receive Wetland Delineation Report and Approve Wetland Exemption ? Gopher Commons. Eagan City Council Meeting Minutes August 16, 2005 Page 3 V. Contract 05-03. It was recommended to approve Change Order #2 to Contract 05-03 (Well #21 and authorize the Mayor and City Clerk to execute all related documents. W. Wetland Cleanup-Steeplechase Addition. It was recommended to approve a No-Loss Determination for Wetland Cleanup (Steeplechase Addition). X. Moved to Old Business. Y. CUP Extension. It was recommended to approve a one year extension of a Conditional Use Permit for a hotel in the BP, Business Park zoning district, on property located at 2775 Blue Gentian Road, legally described as Lot 3, Block 1, Spectrum Business Park, in the NW ¼ of Section 2. Z. CUP Extension. It was recommended to approve a one-year extension of a Conditional Use Permit for a restaurant in the BP, Business Park zoning district, on property located at 1030 Blue Gentian Road, legally described as Lot 1, Block 1, Spectrum Business Park, in the NW ¼ of Section 2. AA. Final Baseline Noise Study Report. It was recommended to accept the final baseline noise study report from Wyle Laboratories per the recommendation of the Airport Relations Commission. BB. Ordinance Amendment. It was recommended to direct the City Attorney?s office to prepare an ordinance amendment to Chapter 2, Administration and General Government, regarding the sale of public property. CC. Contract 05-03. It was recommended to approve Change Order #1 to Contract 05-03 (Well #21) and authorize the Mayor and City Clerk to execute all related documents. DD. Zoning Map Update. It was recommended to initiate an Ordinance Amendment updating the City of Eagan Zoning Map and to Waive notice requirement for the City of Eagan Zoning Map Update. EE. Comments to City of Rosemount. It was recommended to approve comments to the City of Rosemount regarding the comprehensive Guide Plan Amendment for GlenRose of Rosemount. OLD BUSINESS REZONING, PRELIMINARY SUBDIVISION, AND PRELIMINARY PLANNED DEVELOPMENT ? CEDARSTONE DEVELOPMENT Councilmember Tilley excused herself from the Council Chambers. City Administrator Hedges provided background information regarding this issue. At the City Council meeting on July 19, , this item was continued to the August 16 meeting to allow the developer time to address wetland issues. City Planner Ridley discussed the revised plans. Residents of the adjacent neighborhood discussed their remaining concerns. Eric Macbeth discussed the wetland delineation and the de minimis exemption. Councilmember Maguire moved, Mayor Geagan seconded a motion to accept the Wetland Delineation Report for Cedarstone Development. Aye: 4 Nay: 0 Councilmember Maguire moved, Mayor Geagan seconded a motion to approve De Minimis Exemption for Cedarstone Development. Aye: 4 Nay: 0 Councilmember Maguire moved, Mayor Geagan seconded a motion to approve the rezoning of 5 acres from Agriculture to PD, Planned Development for property located at 1055 Wescott Road in the SW ¼ of Section 14. Aye: 3 Nay: 1 (Carlson opposed) Councilmember Maguire moved, Mayor Geagan seconded a motion to approve a Preliminary Subdivision to create 8 lots on property located at 1055 Wescott Road in the SW ¼ of Section 14; subject to the following conditions: Aye: 3 Nay: 1 (Carlson opposed) 1. The property shall be platted. 2. The developer shall provide a conservation easement in favor of the City, in a form acceptable to the City Attorney. 3. A homeowner?s association document shall be provided to the City Attorney prior to final subdivision approval and Lot 1 shall be conveyed to the association. Eagan City Council Meeting Minutes August 16, 2005 Page 4 4. The application shall fulfill required tree preservation mitigation through the installation of sixteen (16) category B trees, or an equivalent number of Category A or Category C trees, to be installed on site. 5. The application shall preserve, through tree spading, 6 existing significant trees (tree #?s 25, 31, 39, 115, 125 and 142). 6. To ensure survival of preserved trees (on site trees #7, 14-16, 22, 30, 47-50, 62, 79-81, 100-109, 117, 118, 131-134, 137-140, 146, 151, 152, 172, 174, 177-179, 188, and 190), a long-term tree survival plan shall be prepared by a certified arborist and implemented on all trees with encroachment into the CRZ. The applicant shall community with City forestry staff in the actual placement of tree protection fence around these large preserved oaks. 7. Tree Protective measures shall (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) 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) 8. 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 o the Tree Protection Fencing. 9. The applicant must provide a wet-pond with a volume of about 0.13 acre-feet. The pond shall have a maximum depth of six feet and a 10:1 aquatic bench beginning at the normal water level. 10. A cash dedication in lieu of treatment ponding is required for the remaining built area of the development that will drain offsite untreated. 11. A minimum 30-foot natural undisturbed wetland buffer is required around the central wetland. 12. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. 13. The developer shall abandon all existing well and septic systems within the site in accordance with City and County standards. 14. This development shall provide street connections to the adjacent parcels by extending City engineering standard public streets and dedicated right-of-way through the development from Wescott Road to the parcels, as shown on the preliminary site plan. 15. The developer shall be responsible for the installation of signage indicating the future intention of the public street to be extended east and west to serve possible development of the adjacent properties. 16. The developer shall dedicate temporary public street easement, in a form acceptable to the City Attorney, over the temporary cul-de-sac on the east end of the public street. 17. The private drive for Lots 1 and 2 shall be constructed to City code standards and with a vehicle turnaround in accordance with City engineering and fire department standards. A private easement covering this drive shall be prepared and executed in a form acceptable to the City Attorney. 18. The proposed monument and landscaping within public right-of-way shall be placed a minimum of 10 feet from the curb line of the public street and a minimum of 10 feet from the existing trail on Wescott Road. 19. The developer shall provide for perpetual maintenance of the proposed monument and landscaping within public right-of-way by the development?s homeowner?s association, through agreement in a form acceptable to the City Attorney. Councilmember Maguire moved, Mayor Geagan seconded a motion to approve a Preliminary Planned Development to create two twin homes (4 units) and three single family lots for property located at 1044 Wescott Road in the SW ¼ of Section 14, subject to the following conditions: Aye: 3 Nay 1 (Carlson opposed) 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 ? Final Tree Preservation Plan ? Final Landscape Plan ? Final Lighting Plan Eagan City Council Meeting Minutes August 16, 2005 Page 5 ? Final Signage Plan ? Final building coverages for each lot (table form) PLANNED DEVELOPMENT AMENDMENT AND FINAL PLAT EAGAN PLACE ? SOLOMON REAL ESTATE GROUP City Administrator Hedges discussed the background of the request for a planned development amendment to allow a 45,000 square foot Best Buy retail store and two 7,000 square foot retail office buildings to be located at the southeast corner of Yankee Doodle Road and Yankee Place. This item was continued from the August 1 Council meeting to permit the developer time to prepare revised plans and graphics related to architectural details, site issues and landscaping clarifications. City Planner Ridley reviewed the revised plans. Jay Scott, Solomon Real Estate addressed issues raised by Councilmembers regarding the concrete walkway and plans for the handling of trash. Councilmember Fields moved, Councilmember Maguire seconded a motion to direct staff to correct, with the Annual Land Use Guide Plan Update, the Special Area 4 designation for the retail uses in the Town Centre 100 area. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Carlson seconded a motion to approve a Planned Development Amendment to allow a 45,000 square foot retail building and two 7,000 square foot retail / office buildings located at the southeast corner of Yankee Doodle Road and Yankee Place in the NE ¼ of Section 15, subject to the following conditions: Aye: 5 Nay: 0 1. The Planned Development Amendment Agreement shall be recorded with Dakota County. 2. All mechanical equipment shall be screened from the ground level view of adjacent properties and public streets. 3. All exterior trash enclosures shall be attached to the building and constructed with the same materials and colors as the principal building. 4. All signage is subject to the City Sign Ordinance. 5. Building materials shall be consistent with Cedar Grove standards as outlined in the report. 6. The developer shall ensure that minimum sight distances, in accordance with the MNOT Road Design Manual, are provided without obstruction for all proposed accesses. 7. The property shall be subdivided into two additional lots prior to the construction of the separate 7,000 square foot buildings. 8. The two 7,000 square foot developments are subject to Final Planned Development approval. 9. Uses are limited to retail, restaurant and office. 10. The site shall be developed as indicated on the site plan. 11.Phase II (the two additional 7,000 square foot buildings) will require City Council review and approval of development Site Plan(s). 12.The developer shall enter into a maintenance agreement for the plaza/landscape features in the public right of way. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve a Final Plat creating a 9.73 05-43 thth parcel by combining Lot 1, Block 1, Town Centre 100 12 Addition and Lot 1, Block 1, Town Centre 100 15 Addition into a single parcel (Lot 1, Block 1, Eagan Place). Aye: 5 Nay: 0 CONTRACT 05-08, LONE OAK DRIVE TRAIL IMPROVEMENTS City Administrator Hedges discussed this item regarding Lone Oak Drive trail improvements. Council directed, at the close of the public hearing on July 19, staff to work with the petitioner of Project 922 to get a new petition that includes a trail along the east side of Lone Oak Parkway between Lone Oak Drive and Northwest Parkway. At this time, City staff has not received a petition for the additional trail segment. Public Works Director Colbert stated that if Council is interested in installing this additional trail segment along the east side of the Lone Oak Eagan City Council Meeting Minutes August 16, 2005 Page 6 Parkway, it would be an economies of scale advantage to construct both segments concurrently. Without a petition th for the east side segment, initiation of the project would need to be by a 4/5 vote of the City Council. Councilmember Carlson moved, Councilmember Fields seconded a motion to set a public hearing for September 20, 2005 to consider trail improvements for the east side of Lone Oak Parkway between Lone Oak Drive and Northwest Parkway. Aye: 5 Nay: 0 Councilmember Maguire moved, Councilmember Fields seconded a motion to continue consideration of the Plans and Specifications for Contract 05-08 (Lone Oak Drive Trail Improvements) to September 20, 2005. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE Discussion was held regarding a presentation to be made at the Lebanon Park Visitors Center regarding the Storm Water Management Plan. It was noted that should three or more Council members attend this event, a special City Council meeting would need to be noticed. Councilmember Carlson moved, Councilmember Tilley seconded a motion to schedule a Special City Council meeting to be held September 7, 2005, 5:30 ? 7:30 p.m. at Lebanon Visitors Center. Aye: 5 Nay: 0 NEW RUNWAY / AIRPORT UPDATE A written update regarding the new runway / airport provided ADMINISTRATIVE AGENDA WATER QUALITY MANAGEMENT PLAN ? TASK FORCE APPOINTMENTS Public Works Director Colbert discussed the appointment of a Task Force representing the various stakeholders, to review the Water Quality Management Plan. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the formation of a Task Force for the Water Quality Management Plan preparation and designate the Council and public stakeholder representatives as follows: Aye: 5 Nay: 0 ? Regulatory / Jurisdictional Agencies 1. Pollution Control Agency 2. Department of Natural Resources 3. Board of Soil and Water Resources 4. Met Council Environmental Services ? Water Resources 5. Gun Club Watershed Management Organization 6. County Soil and Water Conservation District 7. Dakota County Water Resources for Lebanon Hills Regional Park ? City Staff 1. Water Resources Coordinator 2. City Engineer ? Consultant (1) ? Advisory Parks and Recreation Commission (1) ? City Council ? (Public Works Committee) ? Resident Citizens, Business Owners and/or Developers PROJECT 768, NORTHWOOD PARKWAY, RING-ROAD EXTENSION (OVERPASS AND STREET IMPROVEMENTS) Eagan City Council Meeting Minutes August 16, 2005 Page 7 Public Works Director Colbert discussed the Northwood Parkway, Ring-Road Extension. Councilmember Carlson moved, Councilmember Tilley seconded a motion to authorize the preparation of a preliminary engineering report for Project 768 (Northwood Parkway, Ring-road Extension ? Overpass and Street Improvements) and detailed plans and specifications for Contract 05-09 by SRF Consulting Group, Inc. Aye: 5 Nay: 0 The regular City Council meeting was recessed at 7:50 p.m. and a meeting of the Economic Development Authority was immediately convened. The regular City Council meeting was reconvened at 7:55 p.m. VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 7:55 p.m. and convene a closed session to discuss pending litigation (Rhan Family and Wensmann v. City of Eagan, and Tom King v. City of Eagan). Aye: 5 Nay: 0 _____________________________ ___________________________________ 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.