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09/21/2004 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota September 21, 2004 A Listening Session was held by the City Council in the Eagan Room at 6:00 p.m. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, September 21, 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 an additional item would be added to the Consent Agenda regarding construction deficiencies at Cascade Bay. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 CONSENT AGENDA Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the Consent Agenda. Aye:5 Nay: 0 A. Minutes. It was recommended to approve the minutes ofthe September 7, 2004 regular City Council meeting as presented. B. Personnel Items. I. It was recommended to approve the hiring of Jessie Esselman as a part-time guest services representative at the Community Center. 2. It was recommended to approve the hiring of Jennifer Hotz, Will Lawler, Rebecca Newhouse and Tyler VondeLinde as seasonal landscape crew for the fall of2004. 3. IT was recommended to approve additions/revisions to the City's Personnel Policy/Smoke-Free Workplace Policy Section, which will prohibit employees from smoking in any City vehicles or next to air intake equipment. C. Check Registers. It was recommended to ratifY the check registers dated September 9, 2004, and September 16,2004 as presented. D. Civic Arena Capital Funds. It was recommended to approve the early expenditure of$12,000 from the approved 2005 Civic arena budget and the re-allocated expenditure of$3,000 from the 2004 Civic Arena budget. E. Student Membership Promotion. It was recommended to approve a one-month student membership to be promoted, marketed and sold at the Eagan Community Center December 15th - December 30, 2004. F. Temporary On-Sale Liquor License. It was recommended to approve a temporary on-sale liquor license for Faithful Shepherd Catholic School and waive the $150.00 license fee. G. Ordinance Amendment. It was recommended to authorize the preparation of an Ordinance Amendment to modify Chapter 11, Section 11.70, Subdivision 21, relative to Trash Enclosures and direct the APC to hold a Public Hearing on the amendment. H. Contract 04-04. It was recommended to approve Change Order NO.1 to Contract 04-04 (Lexington Avenue, Lone Oak Road to TH 55 - Street & Trail Improvements) and authorize the Mayor and City Clerk to execute all related documents. I. Northeast Eagan Studv Advisory Committee. It was recommended to approve the appointment of the Study Advisory Committee to Oversee the Northeast Eagan Land Use Study. J. Ordinance Amendment. It was recommended to authorize the preparation of an Ordinance Amendment to modify Chapter 11, Section 11.40, Subdivision 9, Nonconforming Structures and Uses to reflect legislative changes made to the State Statutes regarding the same and direct the APC to hold a Public Hearing on the amendment. K. Findings of Fact. It was recommended to adopt the Findings of Fact, Conclusions and Resolution of Denial 04-68 for a 4.5% variances to lot coverage for Lot 8, Block 1, Marcella Woods. Eagan City Council Meeting Minutes September 21, 2004 Page 2 L. Capital Improvement Plan. It was recommended to approve the Dakota County Transportation Department's draft 2005-2009 Transportation Capital Improvement Plan. M. Cascade Bay Construction Deficiencies. It was recommended to authorize the City Attorney to seek arbitration, for construction deficiencies at Cascade Bay and authorize the preparation of plans and specifications to correct the deficiencies. PUBLIC HEARINGS PROJECT 893, DIFFLEY FRONT AGE ROADS STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the Final Assessment Roll for Project 893 (Diffley Frontage Roads - Street Overlay Improvements). 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. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 893 (Diffley Frontage Roads - Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 895, LAKE PARK SHORES / THOMAS LAKE ADDITIONS STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the Final Assessment Roll for Project 895 (Lake Park Sores / Thomas Lake Additions - Street Overlay Improvements). 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. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Final Assessment Roll for Project 895 (Lake Park Shores / Thomas Lake Additions - Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 896, LAKESIDE ESTATES STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the Final Assessment Roll for Project 896 (Lakeside Estates - Street Overlay Improvements). 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. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve the Final Assessment Roll for Project 896 (Lakeside Estates - Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 897, WILDERNESS RUN 2ND & 3RD ADDITIONS STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the Final Assessment Roll for Project 897 (Wilderness Run 2nd & 3rd Additions - Street Overlay Improvements). 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. Eagan City Council Meeting Minutes September 21, 2004 Page 3 Councilmember Fields moved, Councilmember Carlson seconded a motion to approve the Final Assessment Roll for Project 897 (Wilderness Run 2nd & 3rd Additions - Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 EASEMENT V ACA TION - LOT 4, BLOCK 5, PINES EDGE 1 ST ADDITION City Administrator Hedges stated that staff suggested this item be continued to allow time for the proposed vacation description to be revised from the original request. Council member Tilley moved, Councilmember Maguire seconded a motion to continue the public hearing to consider the vacation of a portion of a public drainage and utility easement on Lot 4, Block 5, Pines Edge 15t Addition until October 19, 2004. Aye: 5 Nay: 0 OLD BUSINESS RECONSIDER PRELIMINARY SUBDIVISION (EVERGREEN ENCLAVE) EPIC DEVELOPMENT City Administrator Hedges introduced this item regarding changes to a preliminary subdivision (Evergreen Enclave) located at 4195 Lexington Way South that was approved on June 15,2004. City Planner Ridley gave a staff report. Rich Ragatz, Epic Development, and Councilmembers discussed the proposed reduction of Outlot A from 2.8 acres to 1.5 acres, the conservation easement, the dedication of park land, and the possibility of a cash dedication as well. It was agreed to continue the item to allow time for revised plans to be submitted showing the agreed upon changes. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of a Preliminary Subdivision (Evergreen Enclave) to create 7 lots and a 1.5 acre outlot on 7.7 acres for property located at 4195 Lexington Way South to the October 5th, 2004 consent agenda. Aye: 4 Nay: 1 Mayor Geagan objected. NEW BUSINESS PRELIMINARY SUBDIVISION (SYCAMORE PLACE) EPIC DEVELOPMENT City Administrator Hedges introduced this item regarding a Preliminary Subdivision of 6 acres to create nine single family lots on property located north of the dead end street of Sycamore Court. City Planner Ridley gave a staff report. Rich Ragatz, Epic Development, discussed the proposed wetland replacement plan. Craig Murray, representing the Weston Hills Drive area, expressed concern regarding storm water drainage, the grading, amount of fill, wetlands, and safety concerns in regard to truck traffic through the neighborhood. Three other residents of the area expressed concern over the truck traffic issue, and questioned the variance for the cul-de-sac, and tree removal and replacement methods. It was requested that flagmen be provided during the period that trucks are in the area. It was also suggested that an escrow be established to ensure monitoring of the wetland. Water Resources Coordinator Eric Macbeth, Public Works Director Colbert, City Attorney Dougherty, and City Planner Ridley addressed the concerns and questions of the residents. Councilmember Fields stated she would like to see an independent engineering study conducted on the storm sewer drainage plan and the wetland delineation plan, an escrow account established for monitoring ofthe wetland, restriction of hours of operation for the trucks hauling fill to the site, and flagmen provided during the times trucks are in the area. Other Councilmembers were in agreement with the proposed stipulations and also agreed to continue the item to allow time for the stipulations to be addressed. Eagan City Council Meeting Minutes September 21, 2004 Page 4 Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of a 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 to the October 19,2004 City Council meeting. Aye: 5 Nay: 0 REZONING, PRELIMINARY SUBDIVISION AND PRELIMINARY PLANNED DEVELOPMENT CLUBVIEW ADDITION - MAX STEININGER City Administrator Hedges introduced this item regarding a requested 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; and a Preliminary Subdivision (Clubview Addition) of five acres to create 2 lots, for property located at 3070 Lexington A venue. City Planner Ridley gave a staff report. Rollin Crawford, representing the applicant, discussed the proposed project, addressing the alignment of the service drive. City Attorney Dougherty addressed the Council suggesting a closed session would be in order to discuss pending litigation with the applicant. Councilmember Fields moved, Councilmember Tilley seconded a motion to recess the regular City Council meeting at 9:05 p.m. and convene a closed meeting to discuss current litigation. Aye: 5 Nay: 0 The regular City Council meeting was reconvened at 9:25 p.m. Councilmembers discussed the proposed access from Lexington Avenue and the proposed sunset agreement covering the access road and the existing home on proposed Lot 2. It was agreed to continue the item until confirmation is received from the Dakota County Plat Commission regarding the service drive access and the sunset agreements have been prepared for the Council's review.. Mayor Geagan moved, Councilmember Fields seconded a motion to continue consideration of 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 the property; and a Preliminary Subdivision (Clubview Addition) of five acres to create two lots, for property located at 3070 Lexington Avenue. Aye: 5 Nay: 0 CAPONI PROPERTY ACQUISITION / CAPONI ART PARK UPDATE City Administrator Hedges provided an update on the Caponi Property Acquisition. ADMINISTRA T1VE AGENDA Information was provided to the Council regarding School District 196's proposal to construct an additional parking lot adjacent to Braddock Trail; and a meeting which is scheduled for September 23 with Governor Pawlenty's Chief of Staff and representatives of the cities surrounding the MSP airport. The regular City Council meeting was recessed at 9:40 p.m. and a meeting of the Economic Development Authority was immediately convened. The regular City Council meeting was reconvened at 9:45 p.m. VISITORS TO BE HEARD There were no visitors who wished to be heard. Eagan City Council Meeting Minutes September 21, 2004 Page 5 ADJOURNMENT Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 9:45 p.m. and go into a Closed Session to discuss pending litigation. 9 - ,~ / - {t/ /7liA C0 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). 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