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10/19/2004 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota October 19,2004 A Listening Session was held on October 19,2004 at 6:00 p.m. prior to the Regular City Council meeting in the Eagan Room of the Municipal Center. There were no visitors present. A regular meeting of the Eagan City Council was held on Tuesday, October 19, 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 City Administrator Hedges noted that the applicants for items A and B under Old Business have requested a continuance. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda, including the continuance of items A and B under Old Business. Aye: 5 Nay: 0 CONSENT AGENDA Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the October 5, 2004 regular City Council meeting and the October 5, 2004 Listening Session as presented. B. Personnel Items. I. It was recommended to approve the hiring of Rachel Filan as a Dispatcher. 2. It was recommended to approve the 2004/2005 Season Compensation Schedule for Temporary / Seasonal Workers at the Civic Arena. 3. It was recommended to approve the hiring of Randy Hanson, Mike Kabkov, Bill Osborne, Kevin Webber, Ryan Conely, Jordan Baily, Jason Eisold and Adam Nelson as part-time seasonal supervisors at the Civic Arena. 4. It was recommended to approve the hiring of Nick Ortloff, Dave Varpness, Jacob Knight, Kyle Punton, Travis Knops, Eric Smith, Brad Johnson, Matt Johnson, Jonah Lundberg, Jessica Johnson, Kalyn Mattson and Katie Fink as part-time seasonal skateguards at the Civic Arena. 5. It was recommended to approve the hiring of Kristin Hazel, Megan Hamling, Megan McMahon, Theresa McMahon, Amanda Forester, Sandra Jeska, Rebecca Martin, Cassi, Julian, Ashley Weninger, Kristin Merchandt and Salena Tumini as part-time seasonal concessions workers at the Civic Arena. 6. It was recommended to approve the hiring of Colleen Carstensen, Patti Brown, Liz Gerebi, Becky Krueger, Andrea Duleh, Sarah Payne, Kellie Schmidt, Nick Krongard, Rachel Doane, Ashley Pralutsky, Julie Stangenes, Jenna Vanbeck, Sarah Haverkamp and Danielle Pratlutsky as part-time seasonal skating pros at the Civic Arena. 7. It was recommended to accept the letter of resignation from Joy Rowan, Clerical Tech III in the Community Development Department. C. Check Registers. It was recommended to ratifY the check registers dated October 7, 2004, and October 14, 2004 as presented. D. Temporary Liquor License. It was recommended to approve a Temporary Liquor License for Southwest Area YMCA for an event to be held November 6, 2004 and waive the license fee. E. Tree Maintenance Contractor License. It was recommended to approve a Tree Maintenance Contractor License for Huston's Landscaping, 14847 Haven Drive, Apple Valley. F. Resignation. It was recommended to accept the resignation of Chris Nelson from the Economic Development Commission. G. Purchase of Camera Equipment. It was recommended to approve purchase of a tree-camera system in the amount of$112,947.05 from Alpha Video of Bloomington, Minnesota. Eagan City Council Meeting Minutes October 19, 2004 Page 2 H. Ordinance Amendment. It was recommended to amend Eagan City Code Chapter Twelve entitled "Comprehensive Guide Plan and Land Use Regulations - Interim Use Study" by adding Section 12.06 entitled "Interim Use: Alcoholic Beverages Licensing Study". I. Ordinance Amendment. It was recommended to adopt an Ordinance Amendment amending Chapter 11, Section 11.70, Subdivision 21, D7, to add Public Facility District regarding trash enclosure and recyclables and direct the City Attorney's office to publish the amendment in the legal newspaper. J. Proiect 771. It was recommended to approve an agreement with Parcel 10-01100-01-26 (3070 Lexington Avenue) for the easement acquisition and assessable benefit associated with Project 771 (Lexington Avenue reconstruction) and authorize the Mayor and City Clerk to execute all related documents. K. Project 913. It was recommended to receive the Draft Feasibility Report for Project 913 (Walden Heights / Twin View Manor / Hillcrest Additions - Street ImprovementsO and schedule a public hearing to be held on November 16,2004. L. Contract 04-03. It was recommended to approve the final payment for Contract 04-03 (North Area - Street Overlay Improvements / Borchert Lane Street & Utility Improvements) in the amount of $38, 167.17 to McNamara Contracting, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. M. Contract 04-11. It was recommended to approve the final payment for Contract 04-11 (Holz Farm Park- Utility Services Improvements) in the amount of$31,544.20 to Frattalone Companies, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. N. Special Assessment Agreement. It was recommended to approve a Special Assessment Agreement with the Jewish Community Center for parcels contained within Camp Butwin and authorize the Mayor and City Clerk to execute all related documents. O. Park System Master Plan Consultant. It was recommended to award a contract for the consulting services required to update the Eagan Park Systems Master Plan to CEHP Inc. P. Final Subdivision. It was recommended to approve a Final Subdivision, Thorpe Woodland Gardens 3rd Addition, to create three lots on approximately 2.2 acres located south of Yankee Doodle Road and East of Wescott Woodlands in the NE 1f4 of Section 14. Q. Final Subdivision. It was recommended to approve the vacation of public drainage and utility easements within the Imre/Robert O'Neil Homestead Additions concurrent with the Final Subdivision approval of the Grand Oak Five Addition. R. Final Subdivision. It was recommended to approve a Final Subdivision to create 19 single family lots (Terra Glenn 2nd Addition) on property east of Blue Cross Blue Shield, South of Yankee Doodle Road west of the City of Eagan Maintenance Facility and southwest of Terra Glenn Addition in the NW 1f4 of Section 16. S. Contract 02-10. It was recommended to approve the final payment for Contract 02-10 (Dodd Road, Diffley Road to Wescott Road - Street and Utility Improvements) in the amount of$4,500.00 to Valley Paving, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. T. Special Assessment Policy and Settlement Agreement. It was recommended to approve a special Assessment Policy and Settlement Agreement for Lebanon Hills Regional park and authorize the Mayor and City Clerk to execute all related documents, subject to Dakota County and Metropolitan Council execution of the Agreements, dismissal of the assessment appeal and payment of the Dodd Road assessment. U. Project 916. It was recommended to receive the Draft Feasibility Report for Project 916 (St. Francis Woods 151 - 3rd / 5th Additions - Street Improvements) and schedule a public hearing to be held on November 16,2004. PUBLIC HEARINGS LOT 4, BLOCK 5, PINES EDGE 1ST ADDITION (539 WHITE PINE WAY) EASEMENT V ACA TION City Administrator Hedges introduced this item regarding the vacation of a portion of a public drainage and utility easement at 539 White Pine Way. Public Works Director Colbert 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. 04-74 , _ 71 Ii 04-75 Eagan City Council Meeting Minutes October 19,2004 Page 3 Council member Fields moved, Councilmember Maguire seconded a motion to approve the vacation of a portion of a public drainage and utility easement on Lot 4, Block 5, Pines Edge 151 Addition (539 White Pine Way) and authorize the Mayor and Deputy City Clerk to execute all related documents. Aye: 5 Nay: 0 VARIANCE - BRADFORD L. PICKENS City Administrator Hedges introduced this item regarding a request for a variance to exceed the 20% maximum building lot coverage by I % for a screened porch addition at 1489 Pinetree Pass. City Planner Ridley 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 Maguire moved, Councilmember Tilley seconded a motion to approve a Variance to exceed the 20% maximum building lot coverage by 1 % for a screened porch addition for Lot 6, Block 2, Walden Heights 2nd Addition, located at 1489 Pinetree Pass in the NE 1f4 of Section 33. Aye: 5 Nay: 0 OLD BUSINESS REZONING, PRELIMINARY SUBDIVISION, AND PRELIMINARY PLANNED DEVELOPMENT- CEDARSTONE DEVELOPMENT This item was continued with adoption of the agenda. REZONING - ROBERT MCDONALD This item was continued with adoption of the agenda. PRELIMINARY SUBDIVISION (SYCAMORE PLACE) EPIC DEVELOPMENT City Administrator Hedges provided a brief overview of this item regarding a Preliminary Subdivision of six acres to create nine single family lots, for property located north of the dead end street of Sycamore Court. This item was continued from the September 21, 2004 City Council meeting where the Council directed staff to coordinate a third- party review of the development drainage and ponding calculations and the associated high water levels of Pond LP- 27.4 near Red Pine School. Public Works Director Colbert provided an overview of the findings of Bonestroo Engineering and GES, Inc. Councilmember moved, Councilmember seconded a motion to approve Preliminary Subdivision (Sycamore Place) of six acres to create nine single family lots, for property located north of the dead end street of Sycamore Court in the SE 1f4 of Section 36, subject to the following conditions: Aye: 5 Nay: 0 Craig Murray questioned the sequencing ofthe wetlands and expressed concern over the possibility of water in backyards of the existing homes. He suggested eliminating Lot 3 from the proposed subdivision to allow the drainage system to work as it was originally designed. Todd Sogge questioned the tree replacement schedule and expressed concern over construction traffic and the need for the variance for the cul-de-sac length. Deanna Parks requested that an escrow be established in case water problems occur after completion of the development. Rich Ragatz, Epic Development, discussed the sequencing of the wetlands, the oversized pond and emergency overflow, and additional trees that will be planted. He stated he would not be willing to eliminate Lot 3 as suggested by Mr. Murray. Eagan City Council Meeting Minutes October 19,2004 Page 4 Public Works Director Colbert and Water Resources Coordinator MacBeth addressed the wetland boundaries, development drainage and ponding calculations. It was noted that the independent consultants had not reviewed the sequencing of the wetlands. Councilmembers agreed that a map depicting the minimal impact scenario would be helpful. It was also agreed that the proposal should be returned to the Advisory Parks and Recreation Committee for further review of the wetland impact sequencing. Councilmember Fields moved, Councilmember Tilley seconded a motion to direct the Advisory Parks and Recreation Committee to review the proposed Sycamore Place preliminary subdivision in regard to sequencing at their November 15,2004 meeting, and returning to Council for consideration on November 16,2004. Aye: 5 Nay: 0 REZONING, PRELIMINARY SUBDIVISION AND PRELIMINARY PLANNED DEVELOPMENT CLUBVIEW ADDITION (MAX STEININGER) City Administrator Hedges provided a brief overview of this item regarding a request for a Rezoning of five acres from A, Agriculture to PD Planned Development, a Preliminary Planned Development to allow an office on one lot, a contractor's yard and residential use on the other lot, and to enter into a sunset agreement to allow the continued residential use for property, and a Preliminary Subdivision (Clubview Addition) of five acres to create two lots, all for property located at 3070 Lexington A venue. This item was continued from the September 21, 2004 Council meeting to allow staff time to work with the applicant to prepare the Sunset Agreement and provide an acceptable alignment of the service drive. City Planner Ridley stated the Sunset Agreement had been drafted and that a service drive plan acceptable to the City and Dakota County had been revised. Rollie Crawford, representing the applicant suggested two minor changes to the Sunset Agreement which were acceptable to the City Attorney. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Rezoning of five acres from A, Agriculture to PD Planned Development for property located at 3070 Lexington Avenue. Aye: 5 Nay: 0 Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Preliminary Planned Development to allow an office on one lot, a contractor's yard and residential use on the other lot, and to enter into a sunset agreement to allow the continued residential use for property located at 3070 Lexington A venue, subject to the amendment to the Sunset Agreement and the following conditions: Aye: 5 Nay: 0 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. As part of the "sunset" agreement, once neither Mr. or Mrs. Steininger no longer live in the home, the existing house shall be removed. Existing buildings and any new development on Lot 2, connect to the City sanitary sewer system, any well and septic shall be abandoned according to Dakota County standards, at that time. 3. 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 Plan . Final Landscaping Plan . Final Lighting Plan . Final Signage Plan 4. The developer shall construct 23 parking stalls and designate "proof of parking" stalls on Lot 1. If parking issues arise the proof of parking stalls shall be constructed. 5. Trash/recycling shall be stored indoors or in an enclosure attached to the office building and constructed of materials that match the principal building. 6. Lot 1 is allowed a monument sign not to exceed seven feet in height and 40 square feet in area. 7. Outdoor storage in the contractor's yard shall be limited to 60 pieces of excavation equipment with buckets, attachments and related equipment, 30 trucks, trailers, pickups and related equipment, construction supplies including pipes, steel members, lumber and related materials. 8. The applicant shall submit a Site Plan for Lot 2 depicting the location and type of materials/equipment to be stored outdoors. Eagan City Council Meeting Minutes October 19, 2004 Page 5 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision (Clubview Addition) offive acres to create two lots for property located at 3070 Lexington Avenue, 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, ]993: A], Bl, 4, Cl, 2, 4, D], and El. 2. The property shall be platted. 3. This development shall dedicate restricted access to Dakota County along the entire west edge of the plat adjacent to Lexington Avenue, except in the area of the intersection of Club view Drive. 4. This development shall dedicate public right-of-way along Lexington Avenue as required by Dakota County. 5. The developer shall dedicate private ingress / egress easement across Lot 2 over the private service drive providing for access to Lot I, in a form acceptable to the City Attorney, City Staff, and County Plat Commission. 6. Park and trail dedication shall be satisfied through a cash dedication. 7. Tree preservation issues for Clubview Addition will be addressed at the time of building permit application. 8. An on-site pond should be constructed to treat runoff from an assumed 75 percent eventual impervious cover of the parcel (Lots 1 and 2). The pond should have a minimum wet-storage volume of 0.72 acre-feet and surface area of 0.29 acres. The pond should have a lO-foot wide aquatic bench extending from the normal water level (NWL) to one foot below the NWL, and the side slopes below the aquatic bench should be at a 3: I slope to a maximum depth of 10 feet. Outlet structures must meet City design standards. VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember moved, Councilmember seconded a motion to adjourn the regular City Council meeting at 7:45 p.m. 1)Zvzev) r {' I /[ -/ /-Ct .' 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). 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.