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11/16/2004 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota November 16,2004 A Listening Session was held at 6:00 p.m. in the Eagan Room prior to the regular City Council meeting. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on November 16, 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, Assistant City Engineer John Gorder, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira McGarvey. AGENDA Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the agenda. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS CONSENT AGENDA Item K was moved to Old Business for discussion. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the November 4,2004 regular City Council meeting and November 4, 2004 Listening Session as presented. B. Personnel Items. 1. It was recommended to approve the promotion of Dan Mason to Sergeant in the Police Department. 2. It was recommended to approve the hiring of Kim Erickson and Casey McNamara as part-time Guest Services Reps at the Community Center. 3. It was recommended to accept the resignation of Michael Carnis from his position as a volunteer firefighter. 4. It was recommended to accept the resignation of Holly DuffY, Assistant City Administrator / Director of Human Resources, who is retiring. 5. It was recommended to approve the hiring of Lori Peterson-Stahnke as Human Resources Manager. 6. It was recommended to approve the hiring of Jon Bergherr, Charles Brown, Dan Culhane, Dave Gervais, Jim Hummel, Rick Shimion, Ron Smrekar, Pat Cullen and Jim Carroll as sports officials at the Civic Arena. C. Check Registers. It was recommended to ratifY the check registers dated November 4, 2004, and November 12,2004 as presented. D. Liquor Licenses. It was recommended to approve the renewals of existing liquor licenses for 2005, subject to review of applications, payment of fees and Police Department reviews. E. Project Ol-S. It was recommended to acknowledge the completion of Contract 01-S (Finch Place - Street and Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. F. Project 915. It was recommended to receive the Draft Feasibility Report for Project 915 (Ridgecliffe / Berkshire Ponds / Galaxie Avenue / Covington Lane - Street Improvements) and schedule a public hearing to be held on December 13,2004. G. Contract 02-15B. It was recommended to approve the revised final payment for Contract 02-15B (Community Center - Site Work Improvements) in the amount of$67,576.96 to Frattalone, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. H. Project 878. It was recommended to receive the Draft Feasibility Report for Project 878 (Cinnamon Ridge 151 - 7tl1 Additions - Street Improvements) and schedule a public hearing to be held on December 13, 2004. Eagan City Council Meeting Minutes November 16,2004 Page 2 I. Contract 04-07. It was recommended to approve Change Order #2, Contract 04-07 (Lexington Ridge Court - Street Improvements) and authorize the mayor and Deputy City Clerk to execute all related documents. J. Extension for Development Contract. It was recommended to approve a one year extension for installation of a berm described in the Development Contract for the Diffley Plaza subdivision, located at the South West corner of Diffley Road and Johnny Cake Ridge Road. K. Joint Powers Agreement Development Review. Moved to Old Business L. DARE/POLICE Liaison Services Agreement. It was recommended to adopt a D.A.R.E. and Police Liaison Services Agreement between the City of Eagan and Independent School District #196. M. Contract 03-09. It was recommended to approve Change Order #8 to Contract 03-09 (Water Treatment Plant Expansion) and authorize the Mayor and City Clerk to execute all related documents. N. Contract 04-13. It was recommended to approve the Plans and Specifications for Contract 04-13 (North Water Treatment Plant - Furniture, Fixtures and Equipment) and authorize the solicitation for a competitive bid opening at 11a.m. December 9, 2004. Council agreed to move the following items from the Administrative Agenda and Legislative/Intergovernmental Affairs Update: Request from Eagan Rotary City Administrator Hedges discussed a request by the Eagan Rotary Club for permission to ask the liquor provider to waive the donation of wine placed on tables and a request to the Council that rental fees be waived for the 2005 Art Gala event. A brief discussion was held and Council agreed to allow the Rotary Club to ask the liquor provider to waive the donation of wine to be placed on tables at the Art Gala event, however it was decided to require that rental fees be paid. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a request by the Eagan Rotary Club to waive the donation of wine placed on tables and deny a request that rental fees be waived for the 2005 Art Gala event to be held at the Community Center. Aye: 5 Nay: 0 LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE Assistant to the City Administrator Miller provided update on the MSP Airport Noise Oversite Committee. PUBLIC HEARINGS WELLHEAD PROTECTION PLAN City Administrator Hedges introduced this item regarding Part 2 of the required well head and source water protection plan required by the State of Minnesota of all communities with ground water sources for their drinking water supply. Public Works Director Colbert gave a staff report. John Greer, Barr Engineering gave a brief overview of the proposed Part 2 Plan. 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 City's Wellhead Protection, Plan, Park 2. Aye: 5 Nay: 0 PROJECT 913, WALDEN HEIGHTS / TWIN VIEW MANOR / HILLCREST ADDITIONS STREET OVERLAY City Administrator Hedges introduced this item regarding Project 913 (Walden Heights / Twin View Manor / Hillcrest Additions street overlay. Assistant City Engineer Gorder gave a staff report. Mayor Geagan opened the public hearing Eagan City Council Meeting Minutes November 16,2004 Page 3 Six residents spoke expressing concern about the proposed July 2000 Storm Mitigation improvement portion ofthe project, specifically regarding the driveway and yard impacts to properties adjacent to the Delores Lane area, as well as the necessity of the street overlay improvements. Public Works Director Colbert explained plans for the storm drainage improvements. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve Project 913 (Walden Heights / Twin View Manor / Hillcrest Additions - Street Overlay) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 916, ST. FRANCIS WOODS 1 ST - 3RD / 5TH ADDITIONS - STREET OVERLAY City Administrator Hedges introduced this item regarding Project 916, street overlay for St. Francis Woods 1'1 _ 3rd / 5th Additions. City Engineer Gorder gave a staff report. Mayor Geagan opened the public hearing One resident spoke in support of overlay project but felt the division of costs to the property owners is inequitable. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve Project 916 (St. Francis Woods 151 - 3rd / 5th Additions - Street Overlay) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 OLD BUSINESS PRELIMINARY SUBDIVISION SYCAMORE PLACE - EPIC DEVELOPMENT City Administrator Hedges introduced this item regarding a preliminary Subdivision (Sycamore Place) of 6 acres to create 9 single family lots, for property located north of the dead end street of Sycamore Court. This item was continued from the October 19, 2004 City Council meeting after being directed back to the Advisory Park and Recreation Commission to review wetland impact sequencing. City Planner Ridley gave a staff report. City Attorney Dougherty discussed Technical Evaluation Panel (TEP) evaluation procedures and stated that the City Council had the authority to direct a TEP review or take action on the proposal based on the information before them. Rich Ragatz, Epic Development discussed his past practices in regard to tree mitigation. Craig Murray spoke in opposition to the proposed subdivision stating that the wetland sequencing process was not done correctly. Ronald Peterson, Peterson Environmental Services, discussed the sequencing process. Councilmembers held a discussion regarding the number of lots and the enhancement of the wetlands. Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve a Preliminary Subdivision (Sycamore Place) of 6 acres to create 9 single family lots, for property located north of the dead end street of Sycamore Drive in the SE 1f4 of Section 36, subject to the following conditions. Aye: 3 Nay: 2 Geagan and Fields opposed. Eagan City Council Meeting Minutes November 16,2004 Page 4 I. The property shall be platted. 2. The developer shall construct an outlet skimmer structure on the existing storm sewer pipe, in accordance with City engineering standards. 3. 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. 4. This development shall dedicate drainage and utility easements to incorporate the required high water level elevation plus three feet as necessitated by storm water storage volume requirements. 5. The park and trail dedication shall be satisfied through a cash dedication. 6. The applicant shall fulfill required tree preservation mitigation through the installation of sixty-six (66) category A trees to be installed on site. 7. The applicant shall provide tree protective measures (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. 8. The applicant shall contact the City Forestry Division and set up a pre-grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the tree protection fencing. 9. A minimum wet-pond volume of 0.53 acre-feet covering an area of 0.24 acres with a maximum depth of six feet is required. 10. Hours of hauling excavation material shall be 9:30 a.m. to 3:00 p.m. weekdays; no hauling of excavation material shall occur outside these hours. 11. Hauling of all materials and equipment shall be limited to Red Pine Lane, Weston Hills Drive south of Red Pine Lane, White Pine Way east of Weston Hills Drive, and Sycamore Court. 12. Durin the periods within which excavation materials are being hauled, warning signage shall be placed or directed by the Public Works Director. A flag person shall be stationed at the intersections of Red Pine Lane and Weston Hills Drive and Weston Hills Drive and White Pine Way. 13. All tree removal chipping shall take place on site. 14. An escrow of$5,000 shall be secured for five years to monitor the wetlands. Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve the proposed wetland replacement plan. Aye: 3 Nay: 2 Geagan and Fields opposed. Consent K. Woodland Preserve Development in Inver Grove Heights Under the Joint Powers Agreement. City Administrator Hedges introduced this item regarding the extension of Eagan utilities to the proposed preliminary subdivision (Woodland Preserve) within Inver Grove Heights, in accordance with the Joint Powers Agreement. Public Works Director Colbert gave a staff report. Recommendations of the Advisory Parks and Recreation Commission were also discussed. Councilmembers discussed the proposed grading of the site in conjunction with the Sycamore Place development, truck traffic and the possibility of a playground. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the extension of Eagan utilities to the proposed preliminary subdivision (Woodland Preserve) within Inver Grove Heights, in accordance with the Joint Powers Agreement subject to the following conditions. Aye: 5 Nay: 0 I. Parks and trails dedication shall be satisfied by cash dedication in accordance with the City of Eagan's fee schedule in effect at time of final subdivision. 2. A physical barrier shall remain in place until 75% of the proposed lots (or 27 of the total 36) have building certificates of occupancy from IGH. NEW BUSINESS PRELIMINARY SUBDIVISION (PEARLMONT HEIGHTS) TIM BOHLMAN City Administrator Hedges introduced this item regarding a rezoning of 12.44 acres from R-2 Residential Double to PO, Planned Development; a preliminary subdivision of 12.44 acres to create 51 lots; and a planned development to Eagan City Council Meeting Minutes November 16, 2004 Page 5 create 24 twinhomes with reduced setbacks, for property located at 1565 and 1535 Violet Lane. City Planner Ridley gave a staff report. Tomothy Bohlman, representing the developer, made a presentation, discussing the setback issues and driveway issues raised by the Advisory Planning Commission. Councilmembers held discussion with the developer in regard to setbacks, the staggering of units, and driveways length. It was agreed to continue the item to allow City staff and the developer to work on a revised plan. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of 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 1f4 of Section 16 to the December 13,2004 Council meeting: Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION - HOMESTEAD VILLAGE MANLEY LAND DEVELOPMENT City Administrator Hedges introduced this item regarding a rezoning from A, Agriculture to PD, Planned Development of five acres located at 500 Gun Club Road; a rezoning from R-l, Single Family to PD, Planned Development of2.3 acres located north of 500 Gun Club Road, a preliminary planned development to create 19 lots and one outlot for a small lot single family development with private streets located at 500 Gun Club Road; and a preliminary subdivision to create 19 lots and one outlot for a small lot single family development with private streets upon 7.3 acres located at 500 Gun Club Road. City Planner Ridley gave a staff report. After discussion with the developer, the Council and developer agreed to continue the item to allow the developer to submit a plan based on the twinhome design introduced at the meeting and to allow the developer and staff time to discuss a master plan for the area. Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of a preliminary planned development to create 19 lots and one outlot for a small lot single family development with private streets on 7.3 acres located at 500 Gun Club Road in the SE 1f4 of Section 36 to the January 4,2005 meeting. Aye: 5 Nay: 0 CAPONI PROPERTY ACQUISITION / CAPONI ART PARK UPDATE City Administrator Hedges provided an update on Caponi property acquisition. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE CORRESPONDENCE TO THE METROPOLITAN AIRPORTS COMMISSION (MAC) WITH COMMENTS ON THE PRELIMINARY 2005-2011 CAPITAL IMPROVEMENT PROGRAM Assistant to City Administrator Miller discussed proposed correspondence to be sent to the MAC with comments pertaining to the preliminary 2005-2011 Capital Improvement Program. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve correspondence to the Metropolitan Airports Commission (MAC) with comments on the preliminary 2005-2011 Capital Improvement Program and copy all legislative and congressional representatives. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA Councilmember Maguire discussed his desire to see the City's documentation process in regard to wetland replacement changed to include a site plan map and narrative to describe the developer's wetland avoidance scenario. Councilmember Maguire also suggested a requirement be added for planned developments that would require a developer to provide a specific document outlining the benefits of the proposed use versus conventional zoning. There was consensus on both points by the City Council. Eagan City Council Meeting Minutes November 16,2004 Page 6 VISITORS TO BE HEARD Don Knight requested a public statement from the City regarding MAC noise issue. ADJOURNMENT Councilmember Maguire moved, Councilmember Fields seconded a motion to adjourn the regular City Council meeting at II :00 p.m. 1/ -If.., '-{)I-f Date 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). 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