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11/19/2002 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota November 19, 2002 A regular meeting of the Eagan City Council was held on Tuesday, November 19, 2002 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Bakken, Carlson, Fields and Tilley. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary/Deputy Clerk Mira McGarvey. AGENDA City Administrator Hedges noted that a personnel item is being added to the Consent Agenda and the addition of item V, scheduling a Special City Council meeting for December 10, 2002. Councilmember Tilley moved, Councilmember Bakken seconded a motion to adopt the agenda as amended. Aye: 5 Nay: 0 CONSENT AGENDA Items D and J were removed from the Consent Agenda, item U was continued to a future meeting, and item O was pulled for discussion. A. Minutes. It was recommended to approve the minutes of the November 7, 2002 regular City Council meeting, the November 7, 2002 Listening Session and the November 7, 2002 Special City Council meeting as presented. B. Personnel Items. 1. It was recommended to accept the resignation of Shelley Nelson, Clerical Tech III in the Community Development Department. 2. It was recommended to approve the hiring of Michael Sipper as the Building Maintenance Engineer at the Community Center. C. Check Registers. It was recommended to ratify the check registers dated November 7, 2002 and November 14, 2002 as presented. D. Removed. E. Project 885. It was recommended to approve a Traffic Control Signal Agreement for Project 885 (Trunk Highway 55 and Eagandale Boulevard ? Traffic Signal Improvements) with the Minnesota Department of Transportation and authorize the Mayor and City Clerk to execute all related documents. F. Contract 02-09. It was recommended to approve Change Order No. 1 to Contract 02-09 (Central Parkway-Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. th G. Project 00-A. It was recommended to acknowledge the completion of Contract 00-A (Oakbrooke 4 Addition ? Street & Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. H. Project 00-S. It was recommended to acknowledge the completion of Contract 00-S (Orchard Heights Addition ? Street and Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. I. Project 01-B. It was recommended to acknowledge the completion of Contract 01-B (Crane Creek Addition ? Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. J. Removed K. Project 680. It was recommended to receive the Final Assessment Roll for Project 680 (Cliff Road ? Street and Utility Improvements) and schedule a public hearing to be held on December 17, 2002. L. Project 751R. It was recommended to receive the Final Assessment Roll for Project 751R (Dodd Road South ? Street and Utility Improvements) and schedule a public hearing to be held on December 17, 2002. Eagan City Council Meeting Minutes November 19, 2002 Page 2 M. Project 850. It was recommended to receive the Final Assessment Roll for Project 850 (Dodd Road, Diffley Road to Camberwell Drive ? Street and Utility Improvements) and schedule a public hearing to be held on December 17, 2002. N. Project 862. It was recommended to receive the Final Assessment Roll for Project 862 (Dodd Road, Camberwell Drive to Wescott Road ? Street and Utility Improvements) and schedule a public hearing to be held on December 17, 2002. O. Pulled for Discussion. Project 874. It was recommended to receive the Draft Feasibility Report for Project 874 (Gift of Mary ? Street & Utility Improvements) and schedule a public hearing to be held on December 17, 2002. P. Change Order #7. It was recommended to approve change order number 7, Eagan Community Center, in the total amount of $84,460. Q. Convention and Visitors Bureau Budget. It was recommended to approve the ECVB budget as presented and discussed at the November 12 Special City Council meeting. R. 2003 Tobacco License Renewals. It was recommended to approve 2003 Tobacco License Renewals for Tobacco Warehouse, Houlihan?s, Byerly?s, Sam?s Club, Joe Senser?s Sports Bar, Cedarvale Texaco, Wal-Mart, Cub Foods, Big Top Wine & Spirits, Liquor Shoppe, Casper?s Sports Barn, Byerly?s Wines & Spirits, MGM Spirits Express, Tobacco Joint, PDQ #214, Duckwood 66, Sid?s Discount Liquor, Perrier Wines & Liquors. S. 2003 Trash Hauler Renewals. It was recommended to approve 2003 Trash Hauler License Renewals for: Construction / Demo ? Haul Tech, Waste Management; Residential Haulers ? Waste Management; Multiple Dwelling / Commercial ? Haul Tech and Waste Management. T. September 3, 2002 Minutes. It was recommended to approve a revision to page 5 of the September 3, 2002 City Council minutes. U. Continued. Final Subdivision . It was recommended to approve a Final Subdivision to create nine single family lots on 4.6 acres located at 1470 Englert Road, west of Pilot Knob Road. V. Special Meeting. It was recommended to schedule a special City Council meeting for December 10, 2002. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the balance of the Consent Agenda. Aye: 5 Nay: 0 O. Project 874. Receive the Draft Feasibility Report for Project 874 (Gift of Mary ? Street & Utility Improvements) and schedule a public hearing to be held on December 17, 2002. A brief discussion was held regarding MnDOT involvement in the project. Councilmember Bakken moved Councilmember Tilley seconded a motion to receive the draft Feasibility Report for Project 874 (Gift of Mary ? Street & Utility Improvements) and schedule a public hearing to be held on December 17, 2002. Aye: 5 Nay: 0 PUBLIC HEARINGS VARIANCE ? WEST END HUNTING AND FISHING CLUB City Administrator Hedges introduced this item regarding a request for a variance to parking lot requirements for the West End Hunting and Fishing Club located at 650 Gun Club Road. Senior Planner Ridley gave a staff report. Public Works Director Colbert addressed runoff to the wetland area and sanitary sewer availability issues. Mayor Awada opened the public hearing. Quinn Hudson, representing the West End Hunting and Fishing Club stated the Club would be willing to consider paving the parking lot in the future when the gravel road is upgraded and stated they would also be willing to connect to City services when available. Eagan City Council Meeting Minutes November 19, 2002 Page 3 Councilmembers and staff discussed future improvement projects for the area and it was agreed that further information is needed before a decision can be reached regarding the requested variance. The applicant agreed to a continuance to the Tuesday, December 2, 2002 City Council meeting. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue the Public Hearing to consider a variance to parking lot requirements for the West End Hunting and Fishing Club located at 650 Gun Club Road. Aye: 5 Nay: 0 OLD BUSINESS CONTRACT 00-12, MVTA PARK AND RIDE SANITARY SEWER EXTENSION City Administrator Hedges discussed this item regarding the final payment for Contract 00-12 in the amount of $30,000.00. Public Works Director Colbert explained that the MVTA is requesting the City assume an additional $5,000 of a mediated settlement resulting from a law suit by the contractor for additional incurred costs. Tom Bright of the MVTA discussed the request by the MVTA for the City to share in the additional settlement costs. Councilmembers agreed that the City would not participate in the additional settlement costs to the MVTA. Mayor Awada moved, Councilmember Tilley seconded a motion to approve the final payment for Contract 00-12 (MVTA Park and Ride ? Sanitary Sewer Extension) in the amount of $30,000.00 to Design Excavating, Inc., accept the improvements for perpetual City maintenance subject to warranty provisions. Aye: 5 Nay: 0 ND THORPE WOODLAND GARDENS 2 ADDITION CONSIDERATION TO MODIFY CONDITIONS OF PLAT APPROVAL City Administrator Hedges introduced this item regarding a request by Tilsenbilt Homes for modification nd of the conditions to the Thorpe Woodland Gardens 2 Addition. Public Works Director Colbert explained that Mr. Tilsen proposes to install individual private ejector pumps inside each of five houses rather than construct a sanitary sewer lift station and force main pipe to serve the development and future development of the parcel to the north of his property. Councilmember Carlson moved, Councilmember Fields seconded a motion to deny modifications to nd Conditions 8 and 9 of the Thorpe Woodland Gardens 2 Addition preliminary subdivision approval. Aye: 5 Nay: 0 CONSIDER COVENANTS ? CITY OF EAGAN City Administrator Hedges introduced this item regarding covenants for City-owned property of approximately 12 acres located on Diffley Road at Highway 3. Senior Planner Ridley gave a staff report. One resident addressed the Council regarding the types of uses they do not want in the area. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve Covenants for City-owned property of approximately 12 acres, currently zoned NB, (Tax PIN 10-02400-014-75) located on Diffley road at Highway 3. Ayes: 5 Nay: 0 CONSIDER THOMAS WOODS TRAIL CONNECTION ? MANLEY DEVELOPMENT Eagan City Council Meeting Minutes November 19, 2002 Page 4 City Administrator Hedges introduced this item regarding a trail location to Lebanon Hills Regional on south Dodd Road near the Red Pine Road extension. Senior Planner Ridley explained that Council had reviewed and rejected an alternative trail location within the Natures Edge development and directed Mr. Manley to install the trail at the originally proposed location. Issues with the trail easement document were raised and the executed easement documents were not recorded at the County before the properties affected changed ownership. Mr. Manley proposed a new location for the trail and discussed the width of the trail and easement with Councilmembers. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the location of a trail between Lots 4 and 5, Block 1, Nature?s Edge with the condition that no building permits be issued for those two lots until the trail is constructed and a 20 foot trail easement is recorded with Dakota County and a commitment to construct a second trail connection to the County park with future development to the south. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT ? CEDARVALE TEXACO City Administrator Hedges introduced this item regarding a request for a conditional use permit for a car wash at the Texaco located at 3030 Sibley Memorial Highway. Senior Planner Ridley gave a staff report. The applicant discussed building material for the proposed structure. Councilmembers and staff discussed the forthcoming architectural standards for the Cedar Grove area and felt the applicants proposed structure would deviate from those standards. Councilmember Carlson moved, Councilmember Tilley seconded a motion to deny a Conditional Use Permit for a car wash at the Texaco located at 3830 Sibley Memorial Highway. The applicant agreed that at the time of construction they would conform to the architectural standards for the Cedar Grove area. Councilmember Carlson withdrew the motion to deny the Conditional Use Permit. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit for a car wash at the Texaco located at 3830 Sibley Memorial Highway; subject to the following conditions: Aye: 5 Nay: 0 1. Lot 2, Block 1, Cedarvale Second Addition and Outlot A, Cedarvale Second Addition shall be replatted into a single parcel prior to the release of the Conditional Use Permit. 2. The Conditional Use Permit shall be recorded against the newly created lot (Lot 2, Block 1, Cedarvale Second Addition and Outlot A, Cedarvale Second Addition) at Dakota County prior to issuance of a building permit for the car wash. 3. The applicant shall submit a revised Site Plan depicting the location of the trash enclosure (attached to the principle building), a 35? front setback for the car wash, and a 30% green space for the new lot prior to the release of the Conditional Use Permit for recording. 4. The applicant shall submit a revised Landscape Plan, prepared by a certified landscapist. The plan shall depict the location of all existing and proposed plant materials, a schedule depicting the number, size, botanical and ordinary names of the species, notation regarding irrigation, and a detail plate for the planting procedure proposed. 5. The trash enclosure and the carwash shall be constructed of similar materials and of a similar design and color to that of the principle building. 6. The trash enclosure construction and landscaping installation shall be completed no later than May 31, 2003. Eagan City Council Meeting Minutes November 19, 2002 Page 5 7. The applicant shall provide a $10,000 letter of credit in a form approved by the City Attorney. Released upon completion of the trash enclosure and landscaping improvements. 8. All signage shall comply with the City Sign Ordinance in effect at the time the sign permit(s) are requested. 9. At the time of building permit, the applicant shall submit revised plans detailing modifications to on- site storm drainage and sanitary sewer and water main connection to serve the carwash. 10. All buildings on site will meet the Cedar Grove architectural standards. Mayor Awada called for a five minute recess at 8:50 pm. PRELIMINARY SUBDIVISION (DIFFLEY PLAZA) ? ASTLEFORD COMPANY City Administrator Hedges introduced this item regarding a preliminary subdivision to create 7 lots on approximately 15.7 acres located on the SW corner of Diffley Road and Johnny Cake Ridge Road. Senior Planner Ridley gave a staff report. Tom Gallager of Astelford Company discussed the proposed plans for the subdivision. Mayor Awada moved, Councilmember Bakken seconded a motion to approve a Preliminary Subdivision (Diffley Plaza) to create 7 lots on approximately 15.7 acres located on the SW corner of Diffley Road and Johnny Cake Ridge Road in the 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, 2, 3, 4, C1, 2, 4, D1 and E1 2. The property shall be platted. 3. Storm water ponding shall be required to be maintained with future development to control rates of post-development storm water runoff to less than or equal to predevelopment conditions. 4. This proposal is responsible for an on-site pond that treats all storm water from this development and should have a minimum wet-storage volume of 2.5 acre-feet and a surface area of 0.6 acres. The pond should incorporate a 10-foot wide aquatic bench extending from the normal water level (NWL) to one foot below the NWL. The side slopes of the pond below the aquatic bench should be at a 3:1 slope to a maximum depth of 10 feet. the outlet structure should meet City design standards. 5. Private cross easements providing for vehicle circulation within the subdivision shall be prepared for review and approval by the City Attorney prior to final subdivision approval. The easements can not be terminated without the express written consent of the City. 6. The northerly access on Johnny Cake Ridge Road (at Lots 1 & 2) shall be restricted to right-in vehicle movements only. 7. The developer shall be responsible to obtain permit approval from Dakota County for any grading activities along Diffley Road associated with the development. 8. This development shall be responsible for a cash parks dedication and cash trails dedication when development occurs. 9. A berming/landscaping plan shall be submitted as part of the final plat. ADMINISTRATIVE AGENDA City Administrator Hedges discussed a request by representatives of Aspenwoods of Eagan apartments for the refunding of revenue bonds. 02-90 Eagan City Council Meeting Minutes November 19, 2002 Page 6 Mayor Awada moved, Councilmember Tilley seconded a motion to approve a Resolution setting a Public Hearing ? Aspenwoods of Eagan Apartments Multi-Family Housing Refunding Bonds. Aye: 5 Nay: 0 City Administrator Hedges discussed a request by representatives of Thomas Lake Apartments for the refunding of revenue bonds. 02-91 Mayor Awada moved, Councilmember Tilley seconded a motion to approve a Resolution setting a Public Hearing ? Thomas Lake Apartments Multi-Family Housing Refunding Bonds. Aye: 5 Nay: 0 City Administrator Hedges and Public Works Director Colbert updated the Council on the status of easement acquisitions from Lockheed Martin for the streetscaping improvements to Central Parkway. Mayor Awada moved, Councilmember Carlson seconded a motion to authorize the acquisition by quick take condemnation if an agreement could not be reach in the near future. Aye: 5 Nay: 0 ADJOURNMENT The Mayor called a recess at 9:30 p.m. and immediately convened a meeting of the Economic Development Authority. After adjournment of the EDA, the Mayor reconvened the Council meeting at 9:45 p.m., concluded the cable broadcast portion and introduced ?Visitors to be Heard?. There being no public comment, the Council meeting was adjourned at 9:45 p.m. The Council then retired into a Closed Session to consider pending litigation. _____________________________ ___________________________________ Date 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) 681-4600, (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.