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12/13/2004 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota December 13,2004 A Listening Session was held at 6:00 p.m. in the Eagan Room prior to the regular City Council meeting. The owners of Peanuts Dog Day Care informed the Council that they were in the process of applying for a Planned Development Amendment to enable them to board animals overnight. A regular meeting of the Eagan City Council was held on December 13, 2004 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. AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS DONATION OF ARTWORK FOR THE EAGAN COMMUNITY CENTER DAKOT A COUNTY TECHNICAL INSTITUTE Sandy Breuer, Community Center Director introduced Connie Larson, instructor at Dakota County and Katherine Sheppard, student discussed the artwork to be donated to the Community Center. CONSENT AGENDA Mayor Geagan pulled the personnel items for discussion of item 1. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the December 6, 2004 regular City Council meeting and the November 9,2004 special City Council meeting as presented. B. Personnel Items. Pulled for discussion - item 1. APPROVED: Maguire - Fields 1. It was recommended to accept the resignation of Larry Cudo, Utility Maintenance Worker, who is retiring after almost 30 years of employment with the City of Eagan. 2. It was recommended to approve the hiring of Jane Hovind as a full-time Clerical Technician III in the Community Development Department. 3. It was recommended to approve the hiring of a person to be named as the full-time Planning Aide. 4. It was recommended to approve the hiring of a person to be named as the full-time Fitness coordinator at the Eagan Community Center 5. It was recommended to approved the promotion of Police Sergeant Duane Pike to the position of Lieutenant. 6. It was recommended to approve the promotion of Police Officer Nathan Tennessen to the position of Sergeant. 7. It was recommended to approve the following: A. For regular non-collective bargaining employees, a compensation rate increase of 3% across the board effective the payroll period closest to January 1,2005, with the exception of the City Administrator whose compensation rate will not increase. S. Compensation rates for temporary/seasonal/recurring non-collective bargaining employees may be increased from 0% to a maximum of3%. C. Car expense allowances for the City Administrator and Department Heads will be increased by 3%. Eagan City Council Meeting Minutes December 13,2004 Page 2 D. Mileage will be set at the IRS rate (the 2005 rate is currently 40.5~ a mile). If the IRS increases or decreases this amount, the City's amount will automatically adjust to the new rate. E. The City's contribution for family health insurance premiums will increase by half the total dollar increase to the balanced rate for 2005. F. Adjustments will be made to reduce the 2004 car allowance for the City Administrator by 22.4% and to increase 2004 vacation accrual by 1.45%. The City Administrator would be allowed to exchange the additional vacation accrual for cash payment. G. 2005 vacation accrual for the City Administrator will be increased by 3%. The City Administrator would be allowed to exchange the additional vacation for cash payment. 8. It was recommended to approve the hiring of Tyler Barthelemy, Erick Bertelsen, Kevin Blake Steven Bringgold, Jake Carleen, Jackie Carlson, GeoffCleveland, Kelly Colbert, Nick Durand, Lucas Eggum, Michael Eilers, Luke Garrison, Kristin Giles, Wayne Gray, Jesse Guillette, Michelle Hanninen, Eric Holmay, Mike Kabakov, Alyssa Kane, Susan Kennon, Richard LeMay, Doug Lindow, Pat Lipinski, Kyle Manikowski, Mike Mason, Ryan Moy, Daniel Myers, Alyssa Myhre, Kelli Schlittler, Renee Schlittler, Mindy Sinclair, Brennan Squires, Dylan Squires, Matt Steele, Kevin Stevenson, Jessye Stock, Aaron Strey, Jeff Swenson, John Swenson, John Tatera, Ross Tervola, Matthew Thuente, Laura Wagner, Allen Wachter, Stephanie Westerlund, Jessica Wikstrom, Megan Williams and Kelli Wood as part-time seasonal winter recreation leaders. 9. It was recommended to approve the hiring of Maggie Elliott and Katie Gerloff as part-time seasonal winter recreation leaders/site coordinators. 10. It was recommended to approve the hiring of Meghan Chappuis as a part-time seasonal recreation program assistant. C. Check Registers. It was recommended to ratifY the check register dated December 9, 2004 as presented. D. CDBG. It was recommended to adopt a resolution authorizing the City Administrator to submit the 04-83 Community Development Block Grant (CDBG) Program applications for 2005 to the Dakota County Community Development Agency. E. Amendment to Minutes. It was recommended to approve an amendment to the November 16,2004 Council minutes regarding a request by the Eagan Rotary Club. F. Donation. It was recommended to accept the donation of a tractor on behalf of the Friends of the Farm for use at Holz Farm for special events. G. Waiving of Platting Fees. It was recommended to waive the platting fees for the Caponi Art Park as requested by the Trust for Public Land. H. Final Subdivision. It was recommended to approve a Final Subdivision to create 2 lots with 24 townhouse units (Terra Glen 3rd Addition) on property east of Blue Cross Blue Shield, South of Yankee Doodle Road 04-84 west of the City of Eagan Maintenance Facility and north of Terra Glenn Addition in the NW 1f4 of Section 16. I. Communitv Transportation Trail Svstem Policy. It was recommended to approve the Community Transportation trail System Policy for staff implementation. J. Contract 04-10. It was recommended to approve the Plans and Specifications for Contract 04-10 (North Water Treatment Plant - Landscaping) and authorize the solicitation for a competitive bid opening at 11 a.m., January 13,2005. K. 2005 Consulting Engineering Rates. It was recommended to approve an amendment to the Fee Schedule Appendix for the current consulting engineering contracts for services to be provided in 2005. L. Contract 03-12. It was recommended to approve the final payment for Contract 03-12 (Trunk Highway 13 and Silver Bell Road - Intersection Improvements) in the amount of$94,212.34 to Eureka Construction, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. M. Project 917. It was recommended to receive the Draft Feasibility Report for Project 917 (Coachman Road - Street Improvements) and schedule a public hearing to be held on January 18,2005. N. 2005 Enterprise Fund Budgets. It was recommended to approve the proposed 2005 budgets for the four Enterprise Funds: Public Utilities (Water, Sanitary Sewer, Streetlighting, Storm Drainage, and Water Quality), Civic Arena, Aquatic Facility (Cascade Bay) , and Community Center. O. 2005 Special Revenue Funds Budgets. It was recommended to approve 2005 Special Fund Budgets, including the Enhanced 9-1-1 Fund, Housing Fund, Police Forfeiture Fund, Economic Recovery Grant Fund, and Cable TV Franchise Fees Fund. Eagan City Council Meeting Minutes December 13,2004 Page 3 P. 2005 Burnsville / Eagan Telecommunications Commission and Burnsville/Eagan Community Televisions Budgets. It was recommended to approve the proposed 2005 budgets for Burnsville / Eagan Telecommunications Commission and Burnsville / Eagan Community Television. Q. Contract 04-13. It was recommended to receive the bids and award Contract 04-13 (Water Treatment Plant Expansion - FF&E) to INTEREUM Inc. in the amount of$83,813.69 and authorize the Mayor and City Clerk to execute all related documents. R. Contract 04-05. It was recommended to approve the plans and specifications for Contract 04-05 (Well #20 - Pumping Equipment) and authorize the advertisement for a bid opening to be held on January 13,2005. PUBLIC HEARINGS 2004 (PAYABLE 2005) PROPERTY TAX LEVY City Administrator Hedges discussed this item regarding the proposed 2004 property tax levy. He stated that a Truth-in-Taxation public hearing had been held on December 6 and no changes have been made since that meeting. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the proposed 2004 (payable 2005) property tax levy as follows: Aye: 5 Nay: 0 04-85 General Revenue: General Fund Equipment Revolving Fund Gen Facilities RlR Fund Major Street Fund Market Value Homestead Cr. Subtotal General Revenue $ 17,168,300 821,261 121,551 1,131,802 1,300.000 20,542,914 Debt service: Community Center bonds Total City-wide Levy 1.204.823 $ 21.747.737 Cedarvale Special Services Dist. $ 2.000 PROPOSED GENERAL FUND BUDGET City Administrator Hedges discussed this item regarding the proposed general fund budget. He noted that a Truth- in-Taxation public hearing had been held on December 6, 2004. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the proposed 2005 General Fund budget. Aye: 5 Nay: 0 PROPOSED 2005 CEDARV ALE SPECIAL SERVICES DISTRICT BUDGET City Administrator Hedges discussed this item regarding the Cedarvale Special Services District Fund Budget. He noted that a Truth-in-Taxation public hearing had been held on December 6,2005. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Eagan City Council Meeting Minutes December 13,2004 Page 4 Councilmember Fields moved, Councilmember Geagan seconded a motion to approve the proposed 2005 Cedarvale Special Services District. Aye: 5 Nay: 0 PROJECT 915, RIDGECLIFF / PARK RIDGE / BERKSHIRE PONDS ADDITIONS / GALAXIE A VENUE / COVINGTON LANE - STREET OVERLAY City Administrator Hedges introduced this item regarding the street overlay project for RidgeCliffe / Park Ridge / Berkshire Ponds Additions / Galaxie A venue and Covington Lane. Assistant City Engineer Gorder gave a staff report. Mayor Geagan 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 Project 915 (Ridgecliff / Park Ridge / Berkshire Ponds Additions / Galaxie Avenue / Covington Lane - Street Overlay) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 878, CINNAMON RIDGE ADDITIONS - STREET OVERLAY City Administrator Hedges introduced this item regarding the street overlay for Cinnamon Ridge Additions. Assistant City Engineer Gorder gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve Project 878 (Cinnamon Ridge Additions - Street Overlay) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 OLD BUSINESS 2005 FEE SCHEDULE City Administrator Hedges discussed the proposed 2005 Fee Schedule. Chief Financial Officer Tom Pepper answered questions of the Council regarding various items in the Fee Schedule. Parks and Recreation Office Supervisor Cherryl Mesko discussed water quality dedication fees. Councilmember Fields moved, Councilmember Tilley seconded a motion to adopt a resolution approving the 2005 Fee Schedule establishing fees for various City services, supplies and materials. Aye: 5 Nay: 0 04-86 PRELIMINARY SUBDIVISION (PEARLMONT HEIGHTS) TIM BOHLMAN City Administrator Hedges introduced this item regarding a request for a rezoning of 12.44 acres from R-2 residential double to PD, Planned Development, a Preliminary Subdivision (Pearlmont Heights) of 12.44 acres to create 51 lots, and a Planned Development to create 24 twinhomes with reduced setbacks for property located at 1565 and 1535 Violet Lane. He noted that this item had been continued from the November 16, 2004 City Council meeting to allow the developer the opportunity to address concerns about design, setbacks and lot coverage. City Planner Ridley discussed the revised site plan. Tim Bohlman, applicant, reviewed the proposed plan and answered questions of the Council. Discussion was held regarding the 20% lot coverage, private street vs. public street, the size of driveways on the lots that would have side loading garages, setbacks, and access to the park. Councilmembers agreed they preferred the proposed private street be public. The applicant was asked to submit revised plans at the January 4,2005 Council meeting. Eagan City Council Meeting Minutes December 13,2004 Page 5 Councilmember Fields moved, Council member Tilley seconded a motion to continue consideration of a Rezoning, a Preliminary Subdivision and a Planned Development for property located at 1565 and 1535 Violet Lane in the NE 1f4 of Section 16 to the January 4, 2005 Council meeting. Aye: 5 Nay: 0 REZONING, PRELIMINARY SUBDIVISION, AND PRELIMINARY PLANNED DEVELOPMENT- CEDARSTONE DEVELOPMENT Councilmember Tilley was not present for this item. City Administrator Hedges introduced this item regarding the rezoning of 5 acres from Agriculture to PD, Planned Development, Preliminary Subdivision, and Preliminary Planned Development for property located at 1055 Wescott Road. He noted that at the November 4,2004 Council meeting the applicant was directed to work with the property to the east on a shared access and comprehensive plan for the two parcels. City Planner Ridley discussed the revised access plans. Peter Coyle, representing Cedarstone Development, LLC discussed the proposed plan and was available to answer questions ofthe Council. Four residents spoke in opposition to the proposed development. They expressed concern regarding incompatibility with the neighborhood, loss of trees, close proximity of the proposed twinhomes to their homes. There were requests, should the development be approved, for additional landscaping and buffering. Councilmembers held a discussion which included the proposed private streets on the north and south, widths of private streets, the inadequate turnaround, setback deviations, the number of units proposed for the site, the possible combination of single family and twin homes. Peter Coyle stated the proposed plan meets the comprehensive plan for the area. He stated he felt the revised plans reflected the feedback from the previous Council meeting. He went on to state that the applicant wishes to withdraw the application for rezoning, preliminary subdivision, and preliminary planned development. Council acknowledged the withdrawal of the application. REZONING - ROBERT MCDONALD City Administrator Hedges discussed this item regarding a rezoning of five acres from Agriculture to R-l, Single Family Residential District for property located at 1085 Wescott Road. A letter had been received from Michael Faulk, McDonald Construction stating that at the meeting, McDonald Construction would be withdrawing the application for the Rezoning to R-l and announce their intention to work with Cedarstone in a new application for a R-2 planned development. City Attorney Dougherty stated that Mr. Faulk, on behalf of McDonald Construction, could not withdraw the rezoning application, as the actual property owner and original applicant is Robert McDonald. Mr. McDonald was not present at the meeting. Councilmember Fields moved, Councilmember Geagan seconded a motion to adopt findings of fact for denial of a Rezoning of five acres from Agriculture to R-l, Single Family Residential District for property located at 1085 Wescott Road. Aye: 4 Nay: 0 04-87 CONTRACT 05-03, WELL #21 City Administrator Hedges discussed this item regarding plans and specifications for Well #21 - Drilling and pumping equipment. Councilmember Fields moved, Councilmember Carlson seconded a motion to approve the plans and specifications for Contract 05-03 (Well #21 - Drilling and Pumping Equipment) and authorize the advertisement for a bid opening to be held on January 13,2005. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes December 13,2004 Page 6 NEW BUSINESS PRELIMINARY SUBDIVISION (AWAD ADDITION)- ALLI AWAD City Administrator Hedges introduced this item regarding a Preliminary Subdivision (Awad Addition) of2.9 acres to create 2 lots, and a Variance to public street frontage for property located at 2150 James Street. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Geagan seconded a motion to approve a Preliminary Subdivision (A wad Addition) of2.9 acres to create 2 lots, and a Variance to public street frontage for property located at 2150 James Street in the SE 1f4 of Section 31, subject to the following conditions: Aye: 5 Nay: 0 I. The property shall be platted. 2. A cash dedication for park and trails is required for both lots. 3. Private utility service easements across Lot 2, in form acceptable to the City Attorney, shall be dedicated to cover these utility services. 4. Private access easement across Lot 2, in form acceptable to the City Attorney, shall be dedicated to cover the existing driveway serving Lot 1. 5. This proposal shall be responsible for an individual lot Tree Preservation Plan at the time of building permit application for Lot 2. PRELIMINARY SUBDIVISION (SWEET PLACE) EPIC DEVELOPMENT City Administrator Hedges introduced this item regarding a Rezoning from A, Agriculture to R-I, Single-Family, and a Preliminary Subdivision to create eight lots on 5.75 acres located at 4725 South Robert Trail. City Planner Ridley gave a staff report. Councilmember Maguire moved, Councilmember Fields seconded a motion to approve a Rezoning from A, Agriculture to R-I, Single-Family, of 5.75 acres located at 4725 S. Robert Trail, in the NE 1f4 of Section 36. Aye: 5 Nay: 0 Councilmember Maguire moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision (Sweet Place) to create eight lots upon 5.75 acres located at 4725 S. Robert Trail, in the NE 1f4 of Section 36, subject to the following conditions: Aye: 5 Nay: 0 I. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: AI, BI, B2, B3, B4, CI, C2, C3, DI, and EI. 2. The property shall be platted. 3. The developer should prepare and submit a noise abatement plan prior to final subdivision approval. 4. All lowest floor entries and windows for proposed houses within the development shall be constructed higher than elevation 925.5. 5. The developer shall construct an outlet skimmer structure and pipe from the new pond to the normal water level of Fitz Lake, in accordance with City engineering standards. 6. The new pond to be constructed with the development shall be graded to provide proper depth and function of the outlet skimmer structure, in accordance with City 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 developer shall be responsible for obtaining all necessary permits from the Minnesota Department of Transportation (MNDOT) for construction and access work within the Highway 3 right-of-way, prior to final subdivision approval. 9. The developer shall be responsible for all street and highway improvements on Highway 3 as required by MNDOT as a condition of access permit approval. 10. The developer shall be responsible for construction of a southbound right-turn lane and a northbound bypass Jane on Highway 3, in accordance with MNDOT standards. 11. Public drainage & utility easement shall be dedicated on the final plat to a minimum of three feet in elevation above the required high water level of Fitz Lake (Pond LP-26). Eagan City Council Meeting Minutes December 13,2004 Page 7 12. The applicant shall be required to fulfill required tree preservation mitigation through the installation offorty-six (46) Category A trees, or an equivalent combination of Category B and Category C trees. 13. The applicant shall preserve, through contractual tree transplanting with a 95" tree spade, 20 existing spruce trees (# 8-22, 24, 28-31), to be moved to an area outside of construction limits near the north property line. Transplanted trees shall be maintained (mulched and irrigated) for a period of one year by applicant or hired contractor. 14. The applicant shall submit a revised Tree Preservation Plan that shows the correct placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting). The protective fence 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 submit a revised Tree Preservation Plan that shows the correct placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting). The tree protective fencing 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). 16. The Applicant must 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. 17. The applicant shall cooperate with city forestry and water resource staff, during the project pre-construction phase, to maximize tree preservation efforts in proposed pond areas. 18. The Applicant shall convey a permanent conversation easement over Lots 1-3 in a form acceptable to the City Attorney, for a buffer/setback area adjacent to the lake's ordinary high water level to facilitate protection of shore impact zone. 19. A stormwater detention pond should be constructed with a minimum wet-pond volume of 0.55 acre-feet covering a minimum area of 0.25 acres. 20. A Conditional Use Permit shall be obtained for any lot exceeding 25 percent impervious surface. CAPONI PROPERTY ACQUISITION / CAPONI ART PARK UPDATE City Administrator Hedges provided an update on Caponi property acquisition and discussed the Memorandum of Understanding between the City and Mr. and Mrs. Anthony Caponi. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Memorandum of Understanding between the City of Eagan and Mr. and Mrs. Anthony Caponi. Aye: 5 Nay: 0 NEW RUNWAY / AIRPORT UPDATE City Administrator Hedges discussed a Common Interest Agreement with the City of Minneapolis. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve entering into a Common Interest Agreement with the City of Minneapolis. Aye: 5 Nay: 0 The regular City Council meeting was recessed to conduct a meeting of the Economic Development Authority. ADMINISTRA TIVE AGENDA Councilmember Fields moved, Councilmember Maguire seconded a motion to schedule January 7 and 8, 2005 as a Council retreat. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. Eagan City Council Meeting Minutes December 13,2004 Page 8 ADJOURNMENT Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 9:45 p.m. Aye: 5 Nay: 0 /J, -/5 -eLl , Date 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.