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07/20/2004 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 20, 2004 A regular meeting of the Eagan City Council was held on Tuesday, July 20,2004 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers CarIson, 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Hedges noted items E, F and L under the Consent Agenda were being continued and Item A under Old Business was withdrawn by the applicant and Item C under New Business was withdrawn by the applicant. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS VOLUNTEER SERVICE OF DON HOLZ Don Holz was recognized for his volunteer service at Holz Farm. A plaque was presented by Mayor Geagan. PARKS AND RECREATION MRPA AWARDS Donna Tilsner, Chair of the Minnesota Recreation Parks Association Awards Committee, made a presentation of six awards granted to the Eagan Parks and Recreation Department. CONSENT AGENDA Councilmember Maguire 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 July 6,2004 Listening Session and the minutes of the July 6,2004 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to accept the resignation of Aaron Hunter, Cascade Bay Facility manager. 2. It was recommended to approve the separation of service for Sergeant Trent Johnson due to a disability. 3. It was recommended to approve a temporary increase in compensation to Exempt Range K for Parks and Recreation Administrative Assistant Mesko retroactive to the payroll period beginning April 4, 2004. 4. It was recommended to approve a revision to the Retirement Insurance Policy which covers regular non-bargaining employees. C. Check Registers. It was recommended to ratify the check registers dated July 8, 2004 and July 15,2004 as presented. D. Tobacco License. It was recommended to approve a Tobacco License for Sinclair Retail #22060, 1815 Diffley Road. E. Withdrawn F. Withdrawn G. Contract 03-12. It was recommended to approve Change Order No.1 to Contract 03-12 (TH 13 and Silver Bell Road - Intersection Improvements) and authorize the Mayor and City Clerk to execute all related documents. Eagan City Council Meeting Minutes July 20, 2004 Page 2 H. Change Order #2, Contract 04-03. It was recommended to approve Change Order #2, Contract 04-03 (Coachman Road / Terminal Drive / Borchert Lane - Street & Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. 1. BECT Sponsorship Guidelines. It was recommended to approve the Burnsville Eagan Community Television Sponsorship Guidelines as recommended by the Burnsville Eagan Telecommunications Commission. J. Amusement Device License Renewal. It was recommended to approve an Amusement Device License renewal for Lieberman Companies to operate amusement devices at Joe Sensers Sports Bar, Old Chicago, LaFonda's Valley Lunge, Cherokee Sirloin Room, Mediterranean Cruise Cafe, and Pizza-n-Pasta. K. Final Subdivision. It was recommended to approve a Final Subdivision (Schwanz Addition) to create 8 04-52 Twinhome lots, for property at 3200 Pilot Knob Road. L. Final Subdivision. Sugar Bluffs, to create four lots and one outlot on approximately 5.58 acres located east of Thomas Lake Road and north of Cliff Road in the SE Y4 of Section 28. Continued M. Reimbursement Agreement. It was recommended to approve a reimbursement agreement for Eagan Hotel Group, LLC (Days Inn) as presented. N. Modification of Patio Location. It was recommended to approve a modification to the location of the patio for the Keystone Communities Senior Housing project located in the Cedar Grove Redevelopment area at 3810 Alder Lane. O. Solicitation of Proposals. It was recommended to authorize solicitation of consultant proposals to perform aspects of the specific studies contemplated under the Northeast Eagan Land Use Study, specifically a Commercial Land Supply Study, Fiscal Impact Analysis and an update of the Grand Oaks AUAR. P. Right of Way Vacation. It was recommended to continue consideration of vacating the public right-of-way for a portion of Gun Club Road south and east of Biscayne Avenue to the August 17, 2004 City Council meeting. Q. Final Subdivision. It was recommended to continue to the August 17,2004 City Council meeting a Final Subdivision (Long Acres) to create 26 single-family lots and three outlots, on approximately 29.6 acres located south of Gun Club Road at Biscayne A venue in the SE Y4 of Section 36. R. Final Subdivision. It was recommended to continue to the August 17, 2004 Council meeting a Final Subdivision, the second phase of the Long Acres development, to create 23 single-family lots, on approximately 10.6 acres located south of Gun Club Road at Biscayne Avenue in the SE y.. of Section 36. S. Easement Vacation. It was recommended to receive the petition to vacate Gun Club Road and public easements within SE Y4 of Section 36 on property within the proposed Long Acres Addition and schedule a public hearing to be held on August 17,2004. T. 2004-2005 Eagan Airport Relations Commission Communications Plan - It was recommended to approve the 2004-2005 Eagan Airport Relations Commission Communications Plan. PUBLIC HEARINGS STRYKER ADDITION (CEDARV ALE BUSINESS CENTER) EASEMENT VACATION City Administrator Hedges introduced this item regarding a vacation of a portion of a public drainage and utility easement on Lot 1, Block 1, Stryker Addition. 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. Aye: 5 Nay: 0 Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the vacation of a portion of a public drainage and utility easement on Lot 1, Block I, Stryker Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 OLD BUSINESS CONDITIONAL USE PERMIT - CEMSTONE PRODUCTS This item was withdrawn by the applicant. Eagan City Council Meeting Minutes July 20, 2004 Page 3 NEW BUSINESS RESOLUTION DIRECTING THAT QUESTION OF A PROPOSED CITY CHARTER BE ADDED TO THE NOVEMBER 2, 2004 GENERAL ELECTION City Administrator Hedges stated that on June 25, 2004 the Eagan Charter Commission submitted a draft Charter to the City Clerk. He further explained that according to Minnesota State Statute 410.10 the City Council shall cause the proposed charter to be submitted at the next General Election thereafter occurring in the City if the General Election is to occur within six months after the delivery of the draft charter. He also discussed the waiver of the cost for dissemination of the proposed Charter and the statement of disclosure. Councilmember Maguire moved, Councilmember Geagan seconded a motion to approve a resolution directing that the question of a proposed City Charter be added to the November 2, 2004 General Election. Aye: 5 Nay: 0 04-53 Betty Fedde, 1622 Norwood Drive, Chair of the Eagan Charter Commission, discussed the work of the Charter Commission for the past three and one half years. Sherie Wallace, 3750 Pilot Knob Road, explained that she was a previous member of the Charter Commission and resigned after a year because she did not feel the proposed charter was in the best interest of Eagan. She stated she would be starting a group in opposition to the proposed Charter. Don DiGinero, 1274 Wilderness Curve, expressed his opposition to the proposed Charter. Wayne Gilbert, 710 Brentwood Lane, requested that the Council foster a public debate on the issue of the proposed Charter. He stated that given the experienced diverse group of leaders the City of Eagan has had in past years, a change would be unnecessary. Betty Fedde noted that a petition for a Charter Commission was presented to the City by a large group of citizens. She requested that all citizens be well informed and allowed to make the decision of whether or not to adopt a Charter or remain with the current government style. Councilmembers were in agreement that information should be provided to the citizens of Eagan regarding both the charter and statutory styles of city government. Councilmember Carlson moved, Councilmember Maguire seconded a motion to waive the cost for dissemination of the proposed Charter and approve the statement of disclosure per the recommendation of the City Attorney. Aye: 4 Nay: I Tilley opposed. PRELIMINARY SUBDIVISION AND VARIANCE (THORPE WOODLAND GARDENS 3RD) RACHAEL AND CLAUS THORPE NEWMAN City Administrator Hedges introduced this item regarding a Preliminary Subdivision to create three lots and a Variance to the minimum lot width of85 feet at 3450 Wescott Woodlands. City Planner Ridley gave a staff report. Public Works Director Colbert discussed the sanitary sewer service on the south line of the property. Rachael and Claus Thorpe Newman, applicants, discussed their desire to connect to sanitary sewer directly in Wescott Woodlands and utilize an individual grinder pump to minimize excavation and site impacts rather than connecting to gravity sanitary sewer using the stub on the south line ofthe property from the adjacent development. Councilmembers held a discussion regarding the applicants request. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision to create three lots and a Variance to the minimum lot width of 85 feet, on approximately 2.2 acres located at 3450 Eagan City Council Meeting Minutes July 20, 2004 Page 4 Wescott Woodlands, legally described as Lot 1, Block I, Thorpe Woodland Gardens, in the NE Y4 of Section 14, 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: AI, BI, B2, B3, CI, C2, Dl, and El. 2. The property shall be platted. 3. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. 4. The existing house on Lot 1 shall be required to connect to the City sanitary sewer and water main systems, when available with development. The existing septic and well systems on Lot 1 shall be abandoned in accordance with City and County standards. 5. The developer shall connect to and extend the sanitary sewer pipe directly from Wescott Woodlands and utilize an individual grinder pump for Lot 1. 6. The developer shall prepare and record a document creating a permanent conservation easement over the southeasterIy portion of proposed Lot 1. The document shall be submitted and approved by the City Attorney prior to final subdivision approval. 7. This development shall maintain a minimum 30-foot undisturbed buffer from the delineated wetland edge. 8. Prior to final subdivision approval, a revised Tree Preservation Plan must be submitted that shows the correct placement of tree protection fencing, (placed 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. This pertains to trees numbered 1903, 1905, 1906, 1909, 1910, 1911, 1912, and 1914. 9. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) 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. 10. The developer shall 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. 1 I. A cash dedication shall be required for parks and trails for the two new lots resulting from this subdivision. The dedication shall be paid at the time of final subdivision at the rates then in effect. PRELIMINARY SUBDIVISION AND COMPREHENSIVE GUIDE PLAN AMENDMENT - MWF PROPERTIES This item was withdrawn by the applicant. ADMINISTRATIVE AGENDA GRAND OAK FIVE - INTERSTATE PARTNERS, LLC City Administrator Hedges explained that on June 15, 2004 the City Council reviewed and commented on proposed development plans, Comprehensive Guide Plan Amendment, Rezoning/Preliminary Planned Development and Preliminary Subdivision for Grand Oak Five located at the intersection of Highway 55 and Highway 149. The City Council directed staff to submit the Comprehensive Guide Plan Amendment to the Metropolitan Council for review and approval. The Metropolitan Council has stated they have determined that the amendment is consistent with the Regional Development Framework and the City may place the amendment into effect. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve implementation of a Comprehensive Guide Plan Amendment to change the designation of approximately 13.5 acres from Special Area 2- Business Park to Special Area 2-office/Service Aye: 4 Nay: 0 (Tilley out of the room). Councilmember Fields moved, Councilmember Maguire seconded a motion to approve a Preliminary Subdivision of approximately 13.5 acres to create four lots on property located at the northwest intersection of Highways 55 and 149 in the east Yz of Section 2 subject to the conditions of the May 5, 2005 Advisory Commission (listed after the following motion): Aye: 3 Nay: 0 Carlson abstained. (Tilley out of the room). Eagan City Council Meeting Minutes July 20, 2004 Page 5 Councitmember Fields moved, Council member Maguire seconded a motion to approve a Rezoning and a Preliminary Planned Development of approximately 13.5 acres from Business Park to Planned Development subject to the conditions in the June 22, 2004 Advisory Planning Commission minutes. No vote was taken. Councilmember Fields moved, Councilmember Maguire seconded a motion to reconsider the motion to implement the Comprehensive Guide Plan Amendment. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Maguire seconded a motion to reconsider the motion to approve a Preliminary Subdivision. Aye: 5 Nay: 0 After discussion, Councilmembers directed staff to place the item on the August 2, 2004 agenda under New Business to allow for more complete review. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of a Comprehensive Guide Plan Amendment, a Preliminary Subdivision, a Rezoning and Preliminary Planned Development for Interstate Partners, LLC until the August 2, 2004 City Council meeting. Aye: 5 Nay: 0 SCHEDULING SPECIAL CITY COUNCIL MEETING City Administrator Hedges reminded the Council that a special City Council meeting is scheduled for August 10 to consider the Cedar Grove Redevelopment RFP, the criteria for the Community Trail System, the recommendation of the Finance Committee regarding the Flowrider and one or two other items. In keeping with the schedule of past years, he proposed that a special City Council meeting be scheduled for either August 24, or August 31, at which time the full presentation on the proposed preliminary 2005 General Fund Budget would be presented. Councilmember Fields moved, Councilmember Tilley seconded a motion to schedule a Special City Council meeting on August 24, 2004 to discuss the preliminary 2005 General Fund Budget. Aye: 5 Nay: 00 Assistant to the City Administrator Dianne Lord provided an overview of a meeting of the Metropolitan Airports Commission held on July 19, 2004. Councilmembers agreed to discuss the MAC actions at a the special City Council meeting on August 10,2004. VISITORS TO BE HEARD Ron Getz stated his opposition to the action taken by Council on the Thorpe Newman application. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 8:40 p.m. 1- (.J) C - {') Lj Date -j -.. 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.