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12/16/2003 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota December 16,2003 A regular meeting of the Eagan City Council was held on Monday, December 16,2003 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Carlson, Fields, TiIley 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 I Deputy Clerk Mira McGarvey. AGENDA City Administrator Hedges suggested that item A under New Business be referred to the Finance Committee for review prior to action by the Council. He also noted that the Operations Committee wished to discuss the issue of child care services at the Community Center. He suggested this be added to New Business. Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 Chief of Police Therkelsen provided an update on the Reverse 911 system. CONSENT AGENDA Items L, Nand AA were pulled for discussion. 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 December 1,2003 regular City Council meeting as presented. B. Personnel Items. I. It was recommended to approve the hiring of Kari Johnson as a part-time guest services rep at the Community Center. 2. It was recommended to accept the retirement of John Kreager, Street Maintenance Worker. 3. It was recommended to accept the resignation of Jan Scott, part-time Clerical Tech 3 in the Police Department. 4. It was recommended to approve: a) For regular non-collective bargaining employees, a compensation rate increase of2.5% across the board effective the payroll period closest to January 1, 2004. b) Compensation rates for temporary, non-collective bargaining employees may be increased from 0% to a maximum of2.5%. c) Car expense allowances for Department Heads will be increased by 2.5%. d) Mileage will be set at the IRS rate (the 2004 rate is 37.5 cents 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 2004. t) Cascade Bay seasonal compensation plan will be expanded to add step increases for 6-9 years per pay range. 5. It was recommended to approve the provision of a City owned cell phone for the Mayor for City business reasons only. 6. It was recommended to approve revisions to Article 38.2 of the City's personnel Policy describing the individual groups included in the City Health Care Savings Plan (HCSP) and to approve the addition of sections 38.8 (Individual Plan for FLSA NON-Exempt Non-Collective Bargaining employees, Compensation Ranges J-K, who are scheduled to work thirty or more hours per week) Eagan City Council Meeting Minutes December 16, 2003 Page 2 and 38.9 (Individual Plan for FLSA Exempt Non-Collective Bargaining Employees, Compensation Ranges A-H). C. Check Registers. It was recommended to ratify the check registers dated December 4, 2003 and December 11, 2003 as presented. D. 2004 Trash Hauler Licenses. It was recommended to approve Trash Hauler Licenses as listed in the December 16, 2003 Agenda Memo. E. 2004 Tree Contractor Licenses. It was recommended to approve Tree Contractor Licenses as listed in the December 16, 2003 Agenda Memo. F. 2004 Commercial Fertilizer Licenses. It was recommended to approve Commercial Fertilizer Licenses as listed in the December 16, 2003 Agenda Memo. G. 2004 Pet Shop and Kennel Licenses. It was recommended to approve Pet Shop and Kennel Licenses as listed in the December 16, 2003 Agenda Memo. H. 2004 Tobacco Licenses. It was recommended to approve Tobacco Licenses as listed in the December 16, 2003 Agenda Memo. 1. Off-Sale Liquor. It was recommended to approve the off-sale liquor license for Cawv Qab Zib, dba Lone Oak Liquors (formerly Comer's Lone Oak Liquors), 3090 Courthouse Lane subject to final approval by the Police Department and staff. 1. Change in Management. It was recommended to approve a change in management on the liquor license at Cub Foods located at 1940 Cliff Lake Road. K. Wetland Replacement Plan. It was recommended to approve wetland replacement plan by Lundgren Brothers Construction for wetland impacts of the proposed Terra Glenn subdivision and for deposit into a City of Eagan wetland bank account. L. Memo of Understanding. Pulled for discussion. M. 2004 Enterprise Fund Budgets. It was recommended to approve the proposed 2004 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. N. 2004 Special Revenue Funds Budgets. Pulled for discussion O. Proposed 2004 BETC and BECT Budgets. It was recommended to approve the proposed 2004 budgets for Burnsville/Eagan Telecommunications Commission (BETC) and Burnsville/Eagan Community Television (BECT). P. Tax-Forfeited Land. It was recommended to approve an application for conveyance from the State of Minnesota to the City of Eagan of tax-forfeited property for an authorized public use. Q. Project 98-T. Royal Oaks Addition. It was recommended to acknowledge the completion of Contract 98-T- Royal oaks Addition - Street & Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. R. Project 01-E, Oakbrooke 5th Addition. It was recommended to acknowledge the completion of Contract o 1-E-Oakbrooke 5th Addition - Street & Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. S. Contract 03-01. It was recommended to approve the final payment for Contract 03-01 (Town Centre Area - Street Improvements and Access Management) in the amount of $17,663.81 to McNamara Contracting, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. T. 2004 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 2004. U. Contract 01-13. It was recommended to approve the final payment for Contract 01-13 (July 2000 Storm Mitigation - Storm Improvements) in the amount of$14,234.15 to Barbarossa and Sons, Inc. and accept the improvements for perpetual city maintenance subject to warranty provisions. V. Contract 01-15. It was recommended to approve the final payment for Contract 01-15 (July 2000 Storm Mitigation - Storm Sewer Improvements) in the amount of$14,449.68 to Barbarossa and Sons, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. W. Contract 01-04. It was recommended to approve the final payment for Contract 01-04 (Central Parkway- Street & Utility Improvements) in the amount of $1 0 I ,461.16 to C.S. McCrossan, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. Eagan City Council Meeting Minutes December 16, 2003 Page 3 X. Contract 02-15B, Community Center site Improvements. It was recommended to approve Change Order No.4 to Contract 02-15B (Community Center Site Improvements) and authorize the Mayor and City Clerk to execute all related documents. Y. Proiect 903. It was recommended to approve the plans and specifications for Contract 04-01 (River Valley Acres - Fly Ash Removal) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, January 15, 2004. Z. ARC Member Appointment. It was recommended to appoint Eagan Airport Relations Commission (ARC) alternate member Steven Grooms as a regular, voting member to fill the vacancy of ARC member Michael Cook, who resigned as of January 1,2004. AA. JP-47 Sludge Removal. Pulled for discussion. BB. Renaming of Community Room. It was recommended to approve the renaming of the Community Room at City Hall to the Eagan Room, and authorize expenditure for replacement of room sign. CC. Contract 03-09. It was recommended to approve Change Order #2 to Contract 03-09 (north Water Treatment Plant Expansion) and authorize the Mayor and City Clerk to execute all related documents. L. Memo of Understanding. A memorandum of understanding proposed by the Gun Club Lake Watershed Management Organization for the City of Eagan to provide administrative services. Mayor Geagan questioned the funding for the Gun Club Lake WMO. Council agreed to continue consideration of this item to allow time for further information to be provided. Councilmember Tilley moved, Councilmember Fields seconded a motion to continue consideration of the Proposed Gun Club Lake WMO Memorandum of Understanding. Aye: 5 Nay: 0 N. 2004 Special Revenue Budgets. 2004 Special Revenue Funds Budgets, including Housing Fund, Police Forfeiture Fund, Economic Recovery Grant Fund, and Cable TV Franchise Fees Fund. Mayor Geagan questioned the debt service funding obligation for Cascade Bay. Director of Administrative Services VanOverbeke addressed. Mayor Geagan moved, Councilmember Tilley seconded a motion to approve the 2004 Enterprise Fund Budgets including Housing Fund, Police Forfeiture Fund, Economic Recovery Grant Fund, and Cable TV Franchise Fees Fund. Aye: 5 Nay: 0 AA. JP-47 Sludge Removal. Re-authorize preparation of plans, specifications, and bid documents; and request for bids to remove alum sludge from City Pond JP-47. Councilmember Maguire asked for clarification regarding mitigating phosphates. City Administrator Hedges addressed the issue. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve plans and specifications and authorize bidding: Sludge Removal JP-47. Aye: 5 Nay: 0 It was agreed to continue discussion regarding alternatives or sludge removal during the Administrative Agenda. PUBLIC HEARINGS 2003 PROPERTY TAX LEVY City Administrator Hedges discussed this item regarding the proposed 2003 property tax levy. 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 16, 2003 Page 4 Councilmember Fields moved, Council member Tilley seconded a motion to approve the proposed 2003 (payable 2004) property tax levy as follows: Aye: 5 Nay: 0 General Revenue: General Fund Equipment Revolving Fd M~or Street Fd Subtotal General Revenue $ 17,351,480 834,980 1,150,708 19,337,168 Debt Service: Community Center bonds Total City-wide Levy 1,086,476 $ 20,423,644 Cedarvale Special Services Dist. $ 2,000 PROPOSED 2004 GENERAL FUND BUDGET City Administrator Hedges introduced this item regarding the proposed 2004 General Fund budget. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the proposed 2004 General Fund Budget. Aye: 5 Nay: 0 2004 PROPOSED CEDARV ALE SPECIAL SERVICE DISTRICT BUDGET City Administrator Hedges introduced this item regarding the proposed budget for the Cedarvale Special Service District. 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 2004 Cedarvale Special Service District Budget. Aye: 5 Nay: 0 PROJECT 895, LAKE PARK SHORES I THOMAS LAKE ADDITIONS STREET OVERLAY City Administrator Hedges introduced this item regarding the proposed improvements for Lake Park Shores and Thomas Lakes Addition. 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 Carlson moved, Councilmember Maguire seconded a motion to approve Project 895 (Lake Park Shores I Thomas Lake Additions - Street Overlay) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 898, TERMINAL DRIVE STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding proposed improvements to Terminal Drive. 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. Eagan City Council Meeting Minutes December 16, 2003 Page 5 A representative of "Prehung Doors" 3320 Terminal Drive expressed concern regarding driveway entrance assessments. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve Project 898 (Terminal Drive - Street Overlay) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 OLD BUSINESS 2004 FEE SCHEDULE City Administrator Hedges introduced this item regarding the proposed fee schedule for various City services, supplies and materials. It was agreed that the Youth Athletic Association should be notified regarding the proposed in-house participant fee. Councilmember Maguire moved, Councilmember Tilley seconded a motion to adopt a resolution approving the 2004 Fee Schedule establishing fees for various City services, supplies and materials, and approve changes in certain 01-R2 licensing fees for 2005 (excluding the Youth Athletic Association in-house participant fee). Aye: 5 Nay: 0 CONDITIONAL USE AND VARIANCE - CEDARV ALE BUSINESS CENTER City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit for a pylon sign and a variance often feet to the sign setback requirements for property located at 3902-3938 Cedar Grove Parkway. The issue was continued from the December I, 2003 City Council meeting to allow time for further information to be provided regarding potential impact of the future trail along Cedar Grove Parkway. City Planner Ridley provided background information and Public Works Director Colbert provided an update regarding the impact on the future trail and/or retaining wall along Cedar Grove Parkway. Richard Fitzgerald, Property Manager for Cedarvale Business Center discussed the location of the proposed sign and potential tree removal. Councilmembers discussed various options for the proposed signage and agreed to continue consideration of the conditional use and variance to allow time for the applicant to provide more options. It was noted that Council concurs with staff recommendations as listed in the December 15,2003 memorandum. Councilmember Tilley moved, Councilmember Maguire seconded a motion to continue consideration of a Conditional Use Permit and Variance for a pylon sign, located at 3902-3938 Cedar Grove Parkway for January 6, 2004. Aye: 5 Nay: 0 NEW BUSINESS COCA-COLA WATER/SEWER UTILITY BILL Councilmember Tilley moved, Councilmember Carlson seconded a motion to continue consideration of the Coca- Cola Water/Sewer Utility Bill to allow time for review by the Finance Committee. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION - LUNDGREN BROTHERS CONSTRUCTION City Administrator Hedges introduced this item regarding a preliminary subdivision (Terra Glenn) of approximately 39.5 acres to create 54 single family lots and 26 condo lots, located south of Yankee Doodle Road and north of Ashbury Road. City Planner Ridley gave a staff report. David Hinners representing Lundgren Brothers made a presentation regarding the proposed subdivision. Eagan City Council Meeting Minutes December 16, 2003 Page 6 One citizen spoke expressing support for project. Councilmembers held a discussion and questioned the developer regarding notification of potential home owners that a new runway will be opening. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision (Terra Glenn) to create 24 condominium units according to Exhibit 2, Option 1 as presented with the December 9, 2003 letter from Lundgren Brothers, and 54 single family lots on 39.5 acres located in the NW If. of Section 16 between Yankee Doodle Road, and Ashbury Road, and between Blue Cross Road and the City's Public Works facility; 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: lA, B1,4, C1,2,4 Dl, and El 2. The property shall be platted. 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 Tree Preservation Plan . Final Landscape Plan . Final Lighting Plan . Final Signage Plan 4. Required tree preservation mitigation through the installation of seven-hundred sixty-two (762) category B trees to be installed on site. 5. The development can use a "floating number" system pertaining to the final number of mitigation trees required. Complete fulfillment of all required mitigation to be installed prior to final project completion. 6. The applicant shall continue to work with city staff to identify additional opportunities for preservation during the development and construction process. 7. 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 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. 9. The trail dedication shall be satisfied through the creation and subsequent dedication to the City ofOut/ot E, a 16' wide parcel extending north/south along the length of the most westerly boundary of lots 5 and 6 of Terra Glenn. In cooperation with the City, the developer may plant mitigation trees on said Outlot. 10. An individual tree preservation plan for Lots 1-20, Block 4 and Lots 1-15, Block 2, be submitted at the time of building permit. 11. The developer shall be responsible for providing adequate easements across this development to accommodate the required raw water transmission lines, in an alignment to be determined by the City, in a form acceptable to the City Attorney. Eagan City Council Meeting Minutes December 16, 2003 Page 7 12. Construction of the raw water transmission lines, or alternative carrier pipes, across this property shall occur at time ofthis development through one of two methods: 1) as a petitioned public improvement project or 2) privately by the developer to be transferred to the City for future maintenance. If the project is petitioned, the project shall be approved by the City Council prior to final subdivision approval. 13. The developer shall construct outlet structures and pipes from the ponds in accordance with City engineering standards. 14. The developer shall be responsible for constructing a trail, in accordance with City standards, along the north side of Blue Shield Drive within the development. Trail way easement, in a form acceptable to the City Attorney submitted with final subdivision. 15. The developer shall be responsible for acquiring drainage and utility easement to cover the ponding area within Blue Cross/ Blue Shield property prior to final subdivision approval, in a form acceptable to the City Attorney. 16. The development should meet the City's water quality requirements primarily by creating a minimum stormwater treatment capacity of 1.84 acre-feet. Stormwater treatment ponds should be constructed according to NURP standards with maximum depths of 6 feet, 10: 1 aquatic benches from the normal water levels, and outlets in accordance with City design standards. 17. Subject to assurance that the wetland replacement area is accepted by the Board of Water and Soil Resources into the City's wetland bank account, and subject to full accordance with standards and provisions of the WCA, the proposed wetland replacement and monitoring plan should be approved, allowing the developer to fill 2,574 square feet of wetland and create 13,233 square feet of new wetland credit and at least 13,233 square feet of Public Value Credit (PVe). 18. The 12 acres draining off site is subject to a cash dedication in lieu of ponding. 19. The developer shall provide information relative to "over flow" visitor parking for the town home portion of the development. 20. The developer shall illustrate trash and recycling accommodations for the town home portion of the development. 21. All signage shall meet City Code requirements. 22. Cement based lap siding (i.e.Hardiplank) should be used as exterior materials for the town homes. 23. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a Homeowners Association. The documents should be submitted and approved by the City Attorney's office prior to Final Subdivision approval. 24. Outlot E should be conveyed to the City by warranty deed. 25. The developer shall be responsible for preparing and recording, with the subdivision, a conservation easement for Outlot B and on the lots specified by the developer. The documents shall be submitted and approved by the City Attorney's office prior to Final Subdivision approval. 26. The homeowners association shall maintain outlots A-C, signage, landscaping, and retaining walls. 27. The developer shall prepare and record a cross-easement document covering the condo lots. The document shall be submitted and approved by the City Attorney's office prior to Final Subdivision approval. Eagan City Council Meeting Minutes December 16,2003 Page 8 PRELIMINARY SUBDIVISION (MOTHER NATURE ADDITION) - KENT LAGESON City Administrator Hedges introduced this item regarding a Preliminary Subdivision (Mother Nature) to create 2 single family lots located at 4137 Rahn Road. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision (Mother Nature) to create 2 single family lots located at 4137 Rahn Road; 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: A1,B1,C1,Dl,andE1 2. The property shall be platted. 3. A copy of the fully executed and recorded document from the easement release from Northern Natural Gas including verification of no active gas line and approved by the City Attorney shall be provided prior to building permit. 4. Architectural designs and construction methods for new construction within the development would incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA. 5. An Individual Lot Tree Preservation Plan is required on Lot 2, Block 1 at the time of building permit application. 6. 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. 7. The applicant 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. 8. This development shall be responsible for a cash trails dedication. 9. This development shall be responsible for a cash parks dedication. 10. The developer shall be responsible for extending sanitary sewer and water service to Lot I from the existing utility pipes within Rahn Road. 11. The development shall be responsible for a cash dedication in lieu of storm water treatment ponding. PRELIMINARY SUBDIVISION AND VARIANCE (SUGAR BLUFFS) - MICHAEL AND KAREN STACK City Administrator Hedges introduced this item regarding a Preliminary Subdivision (Sugar Bluffs) to create 4 single family lots and a Variance to allow two lots without public street frontage located at 4500 Thomas Lake Road. City Planner Ridley gave a staff report. Councilmember Carlson moved, Council member Maguire seconded a motion to approve a Preliminary Subdivision (Sugar Bluffs) to create 4 single family lots and a Variance to allow two lots without public street frontage located at 4500 Thomas Lake Road 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, B4, CI, C2, 01, and EI 2. The property shall be platted. Eagan City Council Meeting Minutes December 16, 2003 Page 9 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. The existing house on Lot 2 shall be connected to public sanitary sewer and water service with this development. 5. The developer shall be responsible for preparing and recording, with the final subdivision, appropriate documents establishing a homeowners' association. The documents shall be submitted and approved by the City Attorney's office prior to final subdivision approval. The transfer of Outlot A to the homeowners' association shall be recorded with the subdivision. 6. The developer shall be responsible for providing a private easement to the gas company over the existing pipe line within the property. 7. The development shall be responsible for a cash trail dedication. 8. The developer shall create a fifty (50) foot wide conservation easement in alorm acceptable to the City Attorney along the east and north shore of the development prohibiting development or the removal of vegetation within the easement. Said easement shall coincide with the setback from the OHWL except in that area forty-five (45) feet east and eighty (80) feet west of the westerly north/south property line between lots 1 and 2 where the easement shall coincide with the north line ofthe Bluff Impact Zone. Said easement shall be recorded with the property. 9. To ensure survival of preserved trees (on site trees # 78,81,83,86,87,89, and 99), a long term tree survival plan shall be prepared by a certified arborist and implemented on all trees with encroachment into the CRZ. The applicant shall communicate with city forestry staff in the actual placement of tree protection fence around these large preserved trees. 10. An Individual Lot Tree Preservation Plan shall be required on Lots 1,3, and 4 of Block 1 at the time of building permit application. 11. 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 and off-site (i.e. park trees). 12. The applicant 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. 13. A cash dedication in lieu of on-site water quality ponding shall be required for this development. ADMINISTRATIVE AGENDA City Administrator Hedges discussed a recommendation by the Operations Committee to abandon the current child care program at the Community Center and utilize the space for pre-school programs and birthday parties. The Council agreed with this recommendation. Councilmember Carlson discussed the current method of sludge removal from JP47. Council directed staff to provide information regarding alternative methods of sludge removal. Mayor Geagan moved, Councilmember Tilley seconded a motion to recess the regular City Council meeting at 9:30 p.m. and immediately convene a meeting of the Economic Development Authority. Eagan City Council Meeting Minutes December 16, 2003 Page 10 Councilmember Maguire moved, Councilmember Tilley seconded a motion to reconvene the regular City Council meeting at 9:40 p.m. VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Maguire seconded a motion to adjourn the regular City Council meeting at 9:40 p.m. Aye: 5 Nay: 0 AU"A~k IL."j,(XIj 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. MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, SEPTEMBER 9, 2003 5:30 P.M. EAGAN MUNICIPAL CENTER - COMMUNITY ROOM I. ROLL CALL AND AGENDA ADOPTION City Councilmembers present: Mayor Geagan, Councilmember Fields and Councilmember Maguire (Councilmembers Carlson and Tilley were not present). Staff present: City Administrator Hedges, Assistant to the City Administrator Lord, Director of Community Development Hohenstein, Senior Planner Ridley, Director of Administrative Services VanOverbeke and City Attorney Dougherty. City Administrator Hedges informed the Council that Councilmember Tilley would not be present, as she is out of state visiting an ill family member. Hedges also noted that Councilmember Carlson would not be present due to an injury. Councilmember Fields moved; Councilmember Maguire seconded a motion to adopt the agenda as presented. Aye: 3, Nay: 0 II. VISITORS TO BE HEARD There were no visitors to be heard. III. CONSIDERATION OF CITY CODE AMENDMENT TO PROVIDE VALID REGULATION FOR VENDOR BOXES City Administrator Hedges introduced the item noting that per the request of the City Council, further research was conducted regarding the City's ability to restrict news racks, news stands, or vendor boxes, such as those used to provide Job Digs employment guides. City Administrator Hedges informed the City Council that per discussions with the City Attorney, the City is not able to license vendor boxes, however, the City can restrict the boxes by location as long as the locations are reasonable in the eyes of the law. The City Council discussed public safety concerns, aesthetics, etc., regarding the vendor boxes. The Council also discussed the City of Crystal's code, which restricts vendor boxes. Councilmember Fields moved; Councilmember Maguire seconded a motion to include on the September 16 Consent Agenda an item directing the City Attorney to prepare an ordinance amendment modeled after the City of Crystal in regard to the restriction of vendor boxes. Also included in the motion was direction for the agenda item to include restrictions regarding chaining of vendor boxes to City poles. Aye: 3, Nay: 0 Special City Council Meeting Minutes September 9, 2003 Page 2 IY. DIRECTION REGARDING DONATION OF HISTORIC HOMES City Administrator Hedges introduced the item, noting that per the Council's direction, staff researched the cost to relocate the historic home currently located on the property owned by Mr. and Mrs. Copeland, as well as the home located on the former Sanford property, now being developed by Manley Development, Inc. City Administrator Hedges provided a summary of the Historical Society's input regarding the two homes. In the comments prepared by the Historical Society, they noted that there was not a lot of internal historic value in the former Sanford home; however, there are five other properties in Eagan with historic value, including the home located on the Copeland site. The City Council discussed the cost and value of preserving the two homes. The City Council directed that the Historical Society provide more information regarding the five properties that were noted as having historical value, and set criteria for determining historical value of property. The Council also asked that the Historical Society discuss potential uses for the properties with historic value. The Council also requested that the home located on the Copeland property also be included in the Historical Society's analysis. Y. CONSIDERATION LETTERlRESOLUTION OF SUPPORT FOR METRO GREENW A YS APPLICATION/CAPONI STUDY COMMITTEE UPDATE City Administrator Hedges introduced the item noting that the Caponi Study Committee, which includes Councilmembers Carlson and Maguire, has been in ongoing communication regarding the Caponi property. Hedges stated that the Committee has requested that the Council consider providing a letter or resolution of support to accompany the Metro Greenways Grant Application being submitted by Mr. Caponi. Hedges presented a draft resolution for the Council's consideration. Councilmember Maguire noted the work that has been done thus far by the Council's subcommittee regarding preparation of an agreement for purchase of a portion of the Caponi property. Maguire stated that the City cannot commit to details of a funding plan at this time; however, the City can offer support of preserving the land through a resolution. Councilmember Fields moved; Councilmember Maguire seconded a motion to support the resolution supporting Mr. Caponi's application for the DNR Metro Greenways Grant. Aye: 3, Nay:O VI. UPDATE AND DISCUSSION FOR CEDAR GROVE REDEVELOPMENT AREA City Administrator Hedges introduced the item, noting that the City Council requested an opportunity to review the current status of the Cedar Grove Redevelopment Area and discuss policy issues and program elements that pertain to the continued implementation of redevelopment activities in the Cedar Grove area. Hedges introduced Community Development Director Hohenstein, who presented a summary of the history of the Cedar Grove Redevelopment Area, as well as the current status and potential future plans for the area. Hohenstein also summarized the project accomplishments to date in the Cedar Grove area. Special City Council Meeting Minutes September 9,2003 Page 3 Hohenstein introduced Ms. Mary Bujold of Maxfield Research, Inc., who presented a report on an updated market study for the Cedar Grove area. Ms. Bujold and Mr. Jim Prosser, of Ehlers and Associates, discussed with the City Council the market study's implications for the redevelopment programs contemplated in the various sub-districts of the Cedar Grove area. The City Council recessed at 6:50 p.m. The City Council reconvened at 7:03 p.m. The City Council discussed the process being taken with developers in the Cedar Grove area. The Council also discussed the importance oftransit in the area, including light rail and/or bus transit. The City Council also discussed the various land use opportunities available in the area. The Council, along with Director Hohenstein and Ms. Bujold, discussed the timing of redevelopment. Ms. Bujold and Mr. Prosser both noted that redevelopment often takes an incremental approach, as projects underway provide a stimulus for future development. The City Council discussed the traffic constraints that exist in the Cedar Grove area. Hohenstein noted that the road improvements that have been made in the Cedar Grove area have increased traffic capacity; however, traffic constraints still remain. The City Council thanked Director Hohenstein for the very helpful presentation, and it was noted that the next step is for the two absent City Councilmembers to view the tape of the presentation, and schedule Council discussion either at the September 16 City Council meeting or at a workshop in October. The Council inquired when a final vision needs to be determined; to which City Administrator Hedges noted that a final decision on the vision is not needed immediately, however, a decision must be made sometime soon for redevelopment to be successful. The City Council discussed the long term visions and goals for the Cedar Grove area and noted that the goals would be reaffirmed at the September 16 City Council meeting. The City Council discussed forming a subcommittee to address the Cedar Grove Redevelopment Area, including certain financial questions; however, the Council chose to withhold a decision on who would make up the committee until the September 16 City Council meeting. The City Council discussed the proposed changes to the Nicols Ridge Development, as the agreement has been reassigned from Delta Development to US Homes. The City Council discussed the modifications being proposed. Director Hohenstein introduced Mark Parranto of Delta Development and Bill Pritchard of US Homes. Mr. Pritchard provided a history of US Homes development, including development in Eagan. Pritchard also explained the product being proposed for the Nicols Ridge Development. The City Council discussed the changes in architecture being proposed. The City Council voiced their support for the proposed architectural changes. The Council also was in consensus that the phasing and performance guidelines for the Nicols Ridge Development are acceptable. The City Council discussed the financing mechanisms for the Cedar Grove Redevelopment Area, in particular, its designation as a Tax Increment Financing (TIF) District. The City Council, along with Community Development Director Hohenstein, discussed the next steps in the redevelopment process and financial questions that remain. City Administrator Hedges summarized the discussions regarding the Cedar Grove Redevelopment process, and noted that tapes of the September 9,2003 City Council workshop would be provided to Councilmembers Carlson and Tilley. Hedges also noted that the formation ofa Cedar Grove Area subcommittee will be included on the September 16 City Council meeting agenda. Councilmember Maguire moved; Councilmember Fields seconded a motion to recess the City Council meeting at 8: 13 p.m. Special City Council Meeting Minutes September 9,2003 Page 4 VII. ECONOMIC DEVELOPMENT AUTHORITY The City Council convened as the Economic Development Authority (see September 9,2003 Economic Development Authority minutes). Councilmember Fields moved; Councilmember Maguire seconded a motion to reconvene as the City Council. Aye: 3, Nay: 0 VIII. OTHER BUSINESS Consider Revised TIF Development Plan I US Home Corporation Councilmember Fields moved; Councilmember Maguire seconded a motion to continue the Consideration of a Revised TIF Development Plan / US Home Corporation. Aye: 3, Nay: 0 Silver Bell Liquor City Administrator Hedges inquired with the City Council about a new ownership proposal of Silver Bell Liquor. Councilmember Fields noted that the establishment needs a new owner, rather than a relative of the previous owner. The City Council was in agreement with Councilmember Fields. IX. EXECUTIVE SESSION City Administrator Hedges announced the following items that would be discussed in Executive Session: 1.) 2.) 3.) 4.) Reiling v. The City of Eagan lP 47 Condemnation Dodd Road Assessment Legal Action by Doris Dahline v. The City of Eagan and Keystone Development The City Council entered into executive session. X. ADJOURNMENT Councilmember Maguire moved; Councilmember Fields seconded a motion to adjourn the City Council workshop at 8:30 p.m. Aye: 3, Nay: 0 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota September 2, 2003 A regular meeting of the Eagan City Council was held on Tuesday, September 2,2003 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, Senior Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira McGarvey. AGENDA Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENT A TIONS Mayor Geagan recognized Councilmember Maguire for his resent appointment as a Humphrey Institute Fellow. CONSENT AGENDA Items E and N were pulled for discussion. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the balance of the Consent Agenda. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the August 19,2003 regular City Council meeting as presented, the August 19, 2003 Listening Session, and the August 12, 2003 Special City Council meeting. B. Personnel Items. C. Check Registers. It was recommended to ratify the check registers dated August 21, 2003 and August 28, 2003 as presented. D. Tree Maintenance Contractor License. It was recommended to approve a Tree Maintenance Contractor license for Outdoor Management, Inc. E. Joint Powers Agreement for Dakota County Domestic Preparedness Agency. Pulled F. Memorandum of Agreement. It was recommended to approve a Memorandum of Agreement for Eagan's participation with Dakota County and other Dakota County cities in the update of the Dakota County Public Safety Radio Plan Update. G. City Sponsorship. It was recommended to approve City sponsorship of the New Urbanism and Redevelopment Conference being hosted by the Minnesota Real Estate Journal and the University of St. Thomas on November 6, 2003. H. Surplus Property. It was recommended to declare bicycles, unclaimed property and miscellaneous City property to be surplus and sold at the Dakota County auction on September 27, 2003. I. Contract for Auction Sales Service. It was recommended to approve a contract with Dakota County for auction services in conjunction with the Dakota County auction to be held on September 27, 2003. J. Final Subdivision / Final Planned Development. It was recommended to approve a Final Subdivision (Blue Ridge Fifth Addition) to create one lot on approximately 20.7 acres located northwest corner of Lone Oak Road and lone Oak parkway in the SW Y. of Section 1; and to approve a Final Planned Development for construction ofa 43,000 square foot office, warehouse and manufacturing building on Lot I, Block I, Blue Ridge Fifth Addition. K. Final Subdivision. It was recommended to approve a Final Subdivision (Northwood Business Park 3rd Addition) to create two lots on approximately 17.7 acres located north of North wood Parkway and west of Lexington Avenue in the SE Y. of Section 10. L. Service Agreement. It was recommended to approve a Service Agreement with American Engineering Testing, Inc. and authorize designated City staff to execute work orders for requested engineering services. M. Proiect 859. It was recommended to authorize the preparation of a feasibility report by WSB and Associates, Inc. for Projects 859 (Trunk Highway 55/Lexington Avenue/Blue Gentian Road - Intersection 03-52 03-53 Eagan City Council Meeting Minutes September 2, 2003 Page 2 Improvements) and 877 (Lexington Avenue (CSAH 43, Lone Oak Road to Trunk Highway 55 - Street Improvements). N. Project 764R Pulled O. Project 875. It was recommended to receive the Final Assessment Roll for Project 875 (Lexington Place/Lexington Place South - Street Overlay) and schedule a public hearing to be held on October 7, 2003. P. Project 876. It was recommended to receive the Final Assessment Roll for project 876 (Drexel Heights- Street Overlay) and schedule a public hearing to be held on October 7,2003. Q. Contract 03-12. It was recommended to reject the bids for Contract 03-12 (TH 13 & Silver Bell Road- Intersection Improvements), and authorize re-advertisement for bids in early 2004. R. Contract 03-01. S. Proposal for Volunteer Fire Department. It was recommended to direct staff to proceed with developing a proposal for transition of the Volunteer Fire Department from an organizational entity to a city Department. T. Transfer of Funds. It was recommended to approve the transfer ofthe General Fund fund balance designated for bond retirement to debt service funds as follows: 2000 EDA bonds Debt Service Fund $2,409,373 1993 Fire Facility Bonds Debt Service Fund 37l,267 Total $2,780,640 E. Joint Powers Agreement. Tom Hedges and Chief of Police Therkelsen discussed the City's domestic preparedness program and training. Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve the Joint Powers Agreement for Dakota County Domestic Preparedness Agency. N. Project 764R. Councilmember Maguire noted that he would be abstaining from voting on this item due to his residency in the area. Councilmember Tilley moved, Councilmember Fields seconded a motion to receive the Final Assessment Roll for Project 764R (Selmark/Harvey/Burrview - Street Overlay) and schedule a public hearing to be held on October 7,2003. Aye: 5 Nay: 0 PUBLIC HEARINGS VARIANCE - DAN AND ANNETTE MCKEAG City Administrator Hedges introduced this item regarding a request for a six foot Variance to the minimum 30 foot structure setback from a public right-of-way for an addition to their home and a deck at 976 Pointe Way. Senior 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 Carlson moved, Councilmember Tilley seconded a motion to approve a six-foot Variance to the minimum 30 foot structure setback from a public right-of-way for an addition to their home and a deck at 976 Pointe Way, legally described as Lot 10, Block 3, Lexington Pointe, in the NE 'I. of Section 26 subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The exterior materials of the additions shall match those on the principal structure. 3. The addition shall comply with all other applicable Zoning Ordinance provisions. 4. A building permit must be obtained prior to construction. Eagan City Council Meeting Minutes September 2, 2003 Page 3 VARIANCE - CITY OF EAGAN City Administrator Hedges introduced this item regarding a request for a five-foot Variance to the minimum ten-foot side yard setback for living space at 3966 Arlene Court. Senior 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 Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a five-foot Variance to the minimum ten foot side yard setback for living space at 3966 Arlene Court, legally described as Lot 15, Block 1, Perron Acres, in the SE Yi of Section 24 subject to the following condition: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. YANKEE DRIVE - RIGHT OF WAY VACATION City Administrator Hedges recommended this item be tabled until the December 1, 2003 Council meeting. Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue the consideration of the vacation of public right-of-way known as Yankee Drive between Yankee Doodle Road and Trunk Highway (TH) 13 until December 1,2003, with the following conditions: Aye: 5 Nay: 0 1. The Council requested traffic study funded by the applicant is completed. 2. The area property owners are notified of the December 151 hearing. PROJECT 893, DIFFLEY FRONT AGE ROADS STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding Project 893 (Diffley Frontage Roads - Street Improvements). Assistant City Engineer John 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 Carlson moved, Councilmember Maguire seconded a motion to approve Project 893 (Diffley Frontage Roads - Street Improvements) and authorize the preparation of detailed plans and specifications and the acquisition of right-of-way and easements through quick-take Eminent Domain, if necessary, with the following condition: Aye: 5 Nay: 0 1. Bidding and construction to occur in Fall 2004. OLD BUSINESS PLANNED DEVELOPMENT AMENDMENT - SAM'S WEST, INC. City Administrator Hedges introduced this item regarding a request for a Planned Development Amendment to allow motor fuel sales on Lot 3, Block 1, Eagandale Center Industrial Park No.9. Senior Planner Ridley gave a staff report. The applicant, in response to questions by Council, discussed the proposed parking plan and traffic pattern. Councilmembers agreed that an improved access plan needs to be addressed. Eagan City Council Meeting Minutes September 2, 2003 Page 4 Councilmember Carlson moved, Councilmember Maguire seconded a motion to direct staff to prepare Findings of Fact for denial for a Planned Development Amendment to allow motor fuel sales on Lot 3, Block 1, Eagandale Center Industrial Park No.9. Aye: 4 Nay: 1 Tilley opposed. PLANNED DEVELOPMENT AMENDMENT - EAGAN HOTEL GROUP, LLC (DAYS INN) City Administrator stated the applicant has requested that this item be continued to the September 16, 2003 Council meeting. Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of a Planned Development Amendment for Eagan Hotel Group, LLC until September 16,2003. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT CLARIFICATION - TREE MITIGATION PLAN REQUIREMENTS, KEYSTONE COMMUNITIES City Administrator Hedges introduced this item regarding a request for clarification of a tree mitigation plan requirement by Keystone Communities. Senior Planner Ridley gave a staff report. Doris Dahline discussed the proposed landscape plan in relation to the zoning ordinance. She stated she felt it was premature to consider the tree mitigation plan until the impervious surface percentage is addressed. Councilmembers and staff discussed the need for a specific tree mitigation / tree preservation and landscaping requirements for the Cedar Grove redevelopment area. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the Tree Mitigation and Landscape Plans for Keystone communities associated with their development of a four-story, 129 unit senior independent and assisted living apartment building on approximately 2.3 acres located at the southeast comer of Silver Bell Road and Cedar Grove Parkway in the NW v.. of Section 20. Aye: 5 Nay: 0 Councilmember Carlson moved Councilmember Tilley seconded a motion to direct staff to develop, along with the Advisory Planning Commission, and present a tree mitigation / tree preservation and landscaping requirements for the Cedar Grove redevelopment area at the November 18, 2003 City Council meeting. Aye: 5 Nay: 0 NEW BUSINESS CERTIFICATION OF THE PRELIMINARY 2004 BUDGET AND PROPERTY TAX LEVY, SET TRUTH- IN-TAXATION HEARING DATES, AND CHANGE THE DATE OF THE FIRST REGULAR AND SPECIAL COUNCIL MEETINGS IN DECEMBER City Administrator Hedges discussed the preliminary 2004 budget, the preliminary General Fund expenditure budget, the initial Truth-in-Taxation hearing date, the date of the first regular City Council meeting in December and the special City Council meeting in December. He stated that Council and staff had developed the proposed budget at previous work sessions. Mayor Geagan commended the Council and staff for all the effort and hours spent in developing the 2004 budget. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the preliminary 2004 property tax levy as follows: Aye: 5 Nay: 0 General Revenue levy: General Fund Equipment Revolving Fund Major Street Fund Subtotal - General Revenue Levy Community Center bonds debt service $17,351,480 834,980 1,150,708 19,337,168 1,086,476 Eagan City Council Meeting Minutes September 2, 2003 Page 5 Cedarvale Special Services District Total Levy 2.000 $20,425,644 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the preliminary General Fund expenditure budget, including contingency, of$21,778,700. Aye: 5 Nay: 0 Mayor Geagan moved, Councilmember Maguire seconded a motion to set the initial Truth-in- Taxation hearing date for Monday, December 1, 2003 with a continuation hearing date (if necessary) of Monday, December 8, 2003. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to change the date of the first regular City Council meeting in December from December 2 to December 1,2003. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to change the date of the December 9 Special City Council meeting to December 8, 2003. Aye: 5 Nay: 0 CONDITIONAL USE PERMITS - VELMEIR COMPANIES City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to allow a drive- through facility and a pylon sign for CVS Pharmacy on Lot 1, Block 1, Diffley Plaza. Senior Planner Ridley gave a staff report. Brian Altan, representing Velmeir Companies, was present to answer questions of the Council. Councilmembers discussed parking, lighting and potential future use of the site. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Conditional use Permit to allow a drive-though facility for CVS Pharmacy on Lot 1, Block 1, Diffley Plaza; subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. Lighting shall have no direct source visible from the public right-of-way or adjacent land. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow a pylon sign for CVS Pharmacy on Lot 1, Block 1, Diffley Plaza; subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. All signage shall comply with the City Sign Ordinance. 3. The pylon sign design shall be modified to incorporate a 4 foot base made of the same brick used for the principle building. INTERIM USE PERMIT - W AL-MART City Administrator Hedges introduced this item regarding an Interim Use Permit to allow outside storage of up to ten storage containers within the existing garden center at the Wal-Mart store at 1360 Town Centre Drive. Senior Planner Ridley gave a staff report. John Hamm, Manager ofWal-Mart in Eagan discussed the need for an interim use permit for outside storage during the store's peak sales period from October to December. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an Interim Use Permit to allow outside storage of up to ten storage containers within the existing garden center at the Wal-Mart store at 1360 Town Eagan City Council Meeting Minutes September 2, 2003 Page 6 Centre Drive, legally described as Lot 1, Block 1, Town Center 70 Eleventh Addition, subject to the following conditions: Aye: 4 Nay: 1 Geagan opposed. 1. The Interim Use Permit shall be recorded at Dakota County within 60 days of Council approval and proof of recording submitted to the City. 2. The Interim Use Permit shall terminate December 31,2005. 3. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. The outdoor storage shall be allowed only between October I and December 31 of each year. 5. There shall be no more than ten (l0) storage containers and the containers shall be located within the fenced area south of the building. 6. The storage trailers shall be located within the garden center according to the site layout as approved by the City Fire Marshal, including the five-foot separation between trailers located end to end. 7. The storage area shall be screened from view from the public right-of-way and other retail areas. Screening shall be provided by a dark green canvas attached to the wrought iron fence. 8. Access into the fenced storage area during the time the trailers are being stored shall be restricted to employees only. ORDINANCE AMENDMENT - ZONING MAP UPDATE City Administrator Hedges introduced this item regarding the publication of the Zoning Map incorporating recommended rezonings as part of approved special area plans and approved rezonings since the last map publication. Senior Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the publication of the Zoning Map of the City of Eagan, Minnesota, pursuant to Chapter II Entitled "Land Use Regulations "(Zoning)" Section 11.20 Subd. 2 of the City Code, incorporating recommended rezonings as part of approved Special Area plans and approved rezonings since the last map publication. Aye: 5 Nay: 0 01-54 COMMUNITY CENTER UPDATE City Administrator Hedges updated the Council on current activities at the Community Center. LEGISLATIVE / INTERGOVERNMENTAL AFF AIRS UPDATE City Administrator Hedges provided information regarding the Noise Oversite Committee. Councilmember Fields moved, Councilmember Tilley seconded a motion to recess the regular City Council meeting at 8:40 p.m. to allow the Economic Development Authority to convene. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion reconvene the regular City Council meeting at 8:42 p.m. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the meeting at 8:43 p.m. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes September 2, 2003 Page 7 ydc jJt. j lJJb~. X ,51?U 3 / Date r .--- 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. MINUTES SPECIAL CITY COUNCIL MEETING AUGUST 26, 2003 5:00 P.M. EAGAN MUNICIPAL CENTER - COMMUNITY ROOM City Councilmembers present: Mayor Geagan, Councilmember Carlson, Councilmember Fields, Councilmember Maguire and Councilmember Tilley. Staff present: City Administrator Hedges, Assistant to the City Administrator Lord, Director of Administrative Services VanOverbeke, Chief Financial Officer Pepper, City Engineer Matthys, Fire Chief Jensen, Chief Building Official Schoeppner, Senior Planner Ridley, Police Chief Therkelsen, Superintendent of Streets Struve, Director of Community Development Hohenstein, Parks and Recreation Office Supervisor Mesko, Superintendent of Recreation Asfahl, Superintendent of Parks Olson, Director of Communications Garrison and Police Captain McDonald. I. ROLL CALL AND AGENDA ADOPTION City Administrator Hedges noted that the City Council has been invited to the Rotary Band Shell for an event after tonight's meeting. Hedges also informed the Council that the bowling fund raiser for Patriot's Plaza this weekend has been cancelled. Hedges requested that under Other Business the City Council discuss a memo that was received from the League of Minnesota Cities regarding lease/lease back of water and wastewater systems, as well as the issue of vacation balances that the Council previously discussed when receiving the presentation of the CAFR from the auditors. Councilmember Fields moved; Councilmember Maguire seconded a motion to adopt the agenda as presented. Aye: 3 Nay: 0 (Councilmembers Carlson and Tilley not yet present.) II. VISITORS TO BE HEARD There were no visitors to be heard. III. CONSIDERATION OF DRAFT 2004 GENERAL FUND BUDGET AND PROPOSED 2004 LEVY CERTIFICATION City Administrator Hedges introduced the item. Hedges informed the City Council that consideration of the 2004 preliminary budget and certification of the preliminary 2004 tax levy are scheduled for the September 2, 2003 City Council meeting. Hedges noted that once the preliminary levy is set, the Council can always choose to lower the levy, but cannot choose to increase the levy. City Administrator Hedges summarized the budget as proposed, noting that the City of Eagan has the lowest per capita expenditures of cities of 50,000 people or more, as well as the lowest per capita personnel compliment of comparable cities. Hedges presented a summary of the community- wide citizen survey results pertaining to the quality of life, City services and property taxes. Special City Council Meeting Minutes August 26, 2003 Page 2 Councilmembers Carlson and Tilley arrived at 5 :20 p.m. The City Council discussed whether to increase user fees. After noting that an increase to user fees to the median in comparable cities could potentially generate in excess of $225,000, the City Council voiced their support for increasing certain fees, generating $150,000 in additional revenues. The Council requested that fee options be brought back to the Council, as well as information showing comparisons to other AMM cities. Director of Administrative Services presented information on the City's market value, tax capacity, tax rates, and property tax impacts. City Administrator Hedges concluded the presentation with a summary of the contingency and fund balance, as well as information regarding the Cedarvale Special Services District and Debt Service Levy. The City Council discussed the use of the contingency funds and there was consensus that the contingency be used in 2004 for General Fund activities and operating expenses. The City Council agreed with the Truth and Taxation hearing dates as presented. City Administrator Hedges noted that the hearing dates of December 1 and December 8 will be on the City Council's September 2, 2003 agenda for ratification. Councilmember Carlson noted that the City Council had been fiscally prudent in 2003 by not levying to the maximum levy limit, and now is being penalized by not being able to levy back the amount the City Council did not levy in 2003. Carlson voiced her frustration that the City is now being penalized. The City Council discussed the proposed 2004 levy, and agreed that the City must levy to the maximum levy limit given the circumstances in 2004, resulting from the loss of LGA and HMVC aid. City Administrator Hedges informed the Council that the preliminary tax levy will be on the agenda for the September 2, 2003 City Council meeting, at which time it would be in order for the City Council to approve the maximum preliminary tax levy. The City Council discussed the individual departmental budgets, noting the necessary costs for election judges in 2004. The Council also discussed the proposed volunteer coordinator position and agreed that the position should not be implemented in 2004. There was City Council consensus to delay the opening of the Central Park sliding hill in 2004. The Council discussed the July 4th celebration, and specifically the suggestion that funding be obtained via a community fundraiser, as suggested by members of the 4th of July planning committee. The Council was in agreement that any funding received through the fundraiser would be much appreciated; however, funding should not be anticipated. The Council voiced their agreement with the suggestion that staffing be reduced at the Lexington, Ridgecliff, and Carnelian ice rinks. The City Council discussed the current employee hiring freeze. The Council agreed that all vacant positions should be evaluated as to whether or not they should be filled in the context of overall City staffing. The City Council referred the employee hiring freeze to the Personnel Committee in order for the committee to develop a template to evaluate vacant positions. Special City Council Meeting Minutes August 26, 2003 Page 3 The City Council asked for responses to the following questions pertaining to the 2004 preliminary budget: . What are the consequences of the revenue "building blocks" as presented, including administrative transfers? . What fee increases are being proposed, and what fees would be significantly increased? . What would the affect on the budget be when Central Park is opened, i.e. staffing allocation? . What would be needed to keep full service at the class B skating rinks? The City Council thanked staff for their work and presentation of the 2004 preliminary budget. The City Council recessed at 7:00 p.m. The City Council reconvened at 7:05 p.m. IV. REVIEW OF ALL SPECIAL FUNDS City Administrator Hedges introduced the item, noting that the 2002 Annual Financial Report was presented to the City Council for adoption in June of 2003. At that time, the City Council requested that a time be scheduled to review the fund status of all general fund, special revenue, debt service, capital project, enterprise, and internal service funds that compromise the overall comprehensive financial operations of the City. City Administrator Hedges summarized the memo that was prepared for the City Council regarding the City's funds status. The City Council discussed the funds status information that was presented and thanked staff for the work in preparing the memo. V. OTHER BUSINESS City Administrator Hedges noted that franchise fees were not presented as a revenue option in the 2004 preliminary budget. Hedges also informed the Council that cities are anticipating legislation at the state level that would tighten cities' ability to implement franchise fees. The City Council discussed the use of franchise fees and noted that since the preliminary budget as presented is balanced, they would prefer to wait to see what the legislature does. The Council directed staff to monitor legislation regarding franchise fees and inform the City Council if there are any changes. City Administrator Hedges summarized a memo received from the League of Minnesota Cities regarding the possibility of the League partnering with Allco Financial Corporation to create a financial transaction whereby Minnesota cities can raise immediate cash through the lease/lease back of their water and waste water systems. The City Council directed the issue to the City Council Finance Committee (Mayor Geagan and Councilmember Carlson). The Council also requested that the memo prepared by the League of Minnesota Cities be forwarded to the City Council as a whole. City Administrator Hedges noted that the Council had previously discussed a policy regarding employees' vacation balances, which came out of the report provided by the auditors. The City Council directed the policy consideration to the City Council's Personnel Committee (Mayor Geagan and Councilmember Carlson). Special City Council Meeting Minutes August 26, 2003 Page 4 The City Council also directed that the Personnel Committee address issues of compensation regarding the level at which the City Administrator and Department Directors are compensated. The City Council directed staff to bring back the General Fund Operating Budget to the City Council at a workshop in order to address the issues and questions raised at tonight's meeting. VI. ADJOURNMENT Councilmember Fields moved; Councilmember Tilley seconded a motion to adjourn the meeting at 7:20 p.m. Aye: 5 Nay: 0 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota August 19,2003 A regular meeting of the Eagan City Council was held on Monday, August 19th, 2003 at 6:30 p.m. at the Eagan Municipal Center. Present were Councilmembers Carlson, Fields, Tilley and Maguire. Mayor Geagan arrived at 7:00 p.m. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira McGarvey. AGENDA Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 (Mayor absent) CONSENT AGENDA Items T and U were pulled from the Consent Agenda for discussion and it was noted that item J would be continued. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the balance of the Consent Agenda. Aye: 4 Nay: 0 (Mayor absent) A. Minutes. It was recommended to approve the minutes of the August 4,2003 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Krista Shevlin, Judy Martinelli, Samantha Hetzel, Jill Greenan, Amy Crary, Diane Keefer, Gayle Mueller and Denise King as fitness instructors at the Community Center. 2. It was recommended to approve the hiring of Rebecca Kruger as a part-time guest services representative at the Community Center. 3. It was recommended to approve the hiring of Jean Baic as a full-time maintenance worker at the Eagan Community Center. 4. It was recommended to approve a Time Spent Profile (TSP) revision from exempt range H to exempt range 1 and a position title change to Administrative Assistant/Parks Recreation for the current Parks and Recreation Office Supervisor position. 5. It was recommended to approve the hiring of Lisa Same, Beverly Underdahl and Jennifer Kasiewicz as Preschool staff. 6. It was recommended to accept the resignation of Community Service Officer Tom Bohrer as of September 4,2003. C. Check Registers. It was recommended to ratify the check registers dated August 7,2003 and August 14, 2003 as presented. D. Premises Permit Application. It was recommended to approve a premises Permit Application for the Eagan Lions Club to conduct a pull tab operation at Al Bakers, 3434 Washington Drive. E. Ordinance Amendment. It was recommended to direct the City Attorney to re-publish City Code, Chapter 11 (Zoning) Amendment summary. F. Zoning Map Update. It was recommended to initiate an Ordinance Amendment updating the City of Eagan Zoning Map and to waive notice requirement for the City of Eagan Zoning Map update. G. Final Subdivision. It was recommended to approve a Final Subdivision (Kennerick Second Addition) to create 17 lots on approximately 8.5 acres located west of Pilot Knob Road and north of Lone Oak Road in the SE If4 of Section 4. H. Final Subdivision. It was recommended to approve a Final Subdivision (Greyhawk 2nd Addition) to create 44 townhome lots and one single-family lot on approximately 8.3 acres located north of Diffley Road and east of Blackhawk Road in the SE If4 of Section 20. I. Final Subdivision. It was recommended to approve a Final Subdivision (Sienna Woods) 'to create seven single family residential lots and one outlot located at 4795 Dodd Road in the NW If4 of Section 36. 03-48A 03-49 03-50 03-51 Eagan City Council Meeting Minutes August 19,2003 Page 2 1. Item pulled from agenda. K. Contract 03-02. It was recommended to approve the final payment for Contract 03-02 (Lexington Place / Lexington Place South / Drexel Heights Addition - Street Overlay) in the amount of$16,378.12 to Bituminous Roadways, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. L. Contract 03-10. It was recommended to approve the final payment for Contract 03-10 (Selmark/Harvey/Burview Additions - Street Overlay) in the amount of$13,403.84 to Bituminous Roadways, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. M. 2004 CIP Street Improvements. It was recommended to authorize the preparation of a feasibility report by the City Engineer for Projects 894 (Coachman Land Company, Century Point and Donald Court - Street Improvements), 895 (Lake Park shores and Thomas Lake Additions - Street Improvements), 896 (Lakeside Estates - Street Improvements), 897 (Wildemess Park 2nd and 3rd Additions - Street Improvements), and 898 (Terminal Drive Street Improvements). N. Contract Modification Approval Authorization. It was recommended to approve the City Administrator and/or Department Director to authorize modifications to an approved contract scope of work up to $25,000 for subsequent ratification by the Council. O. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements and schedule a public hearing to be held on September 16,2003. P. Contract 03-13. It was recommended to approve the plans and specifications for Contract 03-13 (Borchert Lane - Street & Utility Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, September 11,2003. Q. Service Agreement. It was recommended to approve an Amendment to the Service Agreement with Braun Intertec Corporation authorizing the following designated City staff to execute work orders for requested engineering services: Public Works Director, City Engineer, Assistant City Engineer, Construction Manager, Superintendent of Streets and Equipment and Superintendent of Utilities. R. Environmental Site Assessment. It was recommended to approve a proposal from American Engineering Testing, Inc. for a Phase II environmental site assessment on the Kopacek Property. S. Board of Adiustment and Appeals Hearing. It was recommended to schedule a Hearing on September 16, 2003 for Board of Adjustment and Appeals regarding request by Central Irrigation Supply to review Eagan City Council denial of a Rezoning from Transitional (T) to Neighborhood Business (NB) for property located at 2785 Pilot Knob Road. T. Resignation of Commission member. Pulled for discussion U. Senior Program Development Committee. It was recommended to approve the formation of the Senior Program Development Committee per the recommendation of the Community Center Operations Committee. Pulled for discussion V. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements within Greyhawk Addition and schedule a public hearing to be held on September 2, 2003. T. Commission Member Resignation. Councilmembers thanked Lee Ashfeld for his years of service to the City of Eagan while serving on the Economic Development Commission. Councilmember Fields moved, Councilmember Tilley seconded a motion to accept the resignation of Economic Development Commission member, Lee Ashfeld. Aye: 4 Nay: 0 U. Senior Program Development Committee. Councilmember Fields requested this item be continued to a City Council work session to allow for detailed discussion. Councilmember Fields moved, Councilmember Maguire seconded a motion to continue discussion of the formation of a Senior Program Development Committee per the recommendation of the Community Center Operations Committee to the September 9,2003 City Council work session. Aye: 4 Nay: 0 (Mayor absent) Eagan City Council Meeting Minutes August 19, 2003 Page 3 OLD BUSINESS PLANNED DEVELOPMENT AMENDMENT - EAGAN HOTEL GROUP, LLC (DAYS INN) City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a maintenance building within a utility easement and modifications to the approved landscape plan on property located at 4510 Erin Drive. Senior Planner Ridley gave a staff report. Beth Timm, representing the applicant, questioned the requirement of security lighting on the east side of the existing building. She requested a continuance to allow time to discuss the security lighting issue further with staff. Councilmember Carlson moved, Councilmember Fields seconded a motion to continue consideration of a Planned Development Amendment to allow a maintenance building within a utility easement and modifications to the approved Landscape Plan for the property located at 4510 Erin Drive, legally described as Lot 2, Block I, Honey Tree 151 Addition, in the SW 14 of Section 30 Aye: 4 Nay: 0 (Mayor absent) PLANNED DEVELOPMENT AMENDMENT - SAM'S WEST, INC. City Administrator Hedges stated that the applicant for this item has requested a continuation until the September 2, 2003 City Council meeting. Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of a Planned Development Amendment to allow the addition of motor fuel sales on property located at 3035 Denmark Avenue, south of Lone Oak Road and east ofI-35E in the NE 14 of Section 10. Aye: 5 Nay: 0 (Mayor absent) INTERIM USE PERMIT - DUKE REALTY CORP. City Administrator Hedges introduced this item regarding a request for an Interim Use Permit to allow additional outdoor tractor trailer/truck storage at 1245 Trapp Road. Senior Planner Ridley gave a staff report. Bob Smith, representing the applicant, discussed the interim use permit request. He stated that the number of trucks could be decreased if necessary. Councilmembers discussed the number of trucks to be stored on the site and it was agreed that a maximum of thirteen would be appropriate. The time frame of the interim use permit was discussed and it was agreed to limit the permit to five years. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve an Interim Use Permit to allow an additional nine outdoor tractor trailer/truck storage on Lots 1 and 2, Block 1 Eagandale Center Industrial Park No. 12 at 1245 Trapp Road, subject to the following conditions. Aye: 5 Nay: 0 1. This Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. Outdoor storage shall be limited to tractor/trailer and straight truck storage in the amount and at the location shown on revised site plans dated April 16, 2003. 3. The north parking lot shall be restriped to accommodate the angled parking of 53 foot tractor/trailers at the location shown on the revised site plan dated April 16, 2003. 4. Outdoor storage of tractor/trailers may only use required off-street parking spaces if the tenant parking needs are met by existing off-street parking spaces at the north side of the subject lot. 5. All trailers must be stored in an orderly fashion. 6. Additional coniferous landscape material shall be added between the storage area and 1-494 to more adequately screen the designated storage location to be completed by October 15,2003. 7. All parking and storage areas shall be properly maintained to prevent deterioration. 8. The Interim Use Permit shall expire on August 4,2008. Eagan City Council Meeting Minutes August 19, 2003 Page 4 9. The Interim Use Permit will be subject to annual review for compliance. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING AND PRELIMINARY SUBDIVISION (MARCELLA WOODS) - BRIAN OLSON City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment to establish a LD, Low Density residential land use guide plan designation upon 6.54 acres of land located at 4880 Pilot Knob Road. Senior Planner Ridley gave a staff report. Brian Olson, applicant, and Council discussed the proposed landscaping adjacent to the existing soccer fields and front yard setback requirements. Councilmember Carlson moved, Councilmember Tilley seconded a motion to implement a Comprehensive Guide Plan Amendment to establish a LD, Low Density residential land use guide plan designation upon 6.4 acres of land located at 4880 Pilot Knob Road in the SW 14 of Section 34. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Rezoning from A, Agriculture to R-1, Residential Single District for 15 single family lots and one outlot located at 4880 Pilot Knob Road in the SW 14 of Section 34. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision (Marcella Woods) to create 15 single family lots and one outlot located at 4880 Pilot Knob Road in the SW 14 of Section 34; 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, Bl, 2, 3, 4, Cl, 2, 3, D1 and El. 2. The property shall be platted. 3. Outlot A should be reconfigured into Lot 9 and have an easement established for the trail connection in a form acceptable to the City Attorney. 4. 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. 5. Upon final Subdivision a revised Tree Mitigation Plan that reflects that mitigation trees are not placed within the trail easement, or within 15 feet of utility easement areas. 6. 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. 7. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to he issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan nad placement of the Tree Protection Fencing. 8. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. 9. The developer shall be responsible for obtaining the necessary public easements to allow for construction and future maintenance of the storm water pond on Lot 1, Bock 1, Chapel Hill Baptist Church Addition subject to City Attorney review. 10. The development shall be responsible for a cash trail dedication. 11. The development shall be responsible for a cash parks dedication, minus credit given for the grant of trail easement. 12. An approved and unmarked trail connection between Lots 7 and 8 where the proposed drainage and utility easement is located shall be provided. The dedication will be in the form of an easement established for the trail connection in a form acceptable to the City Attorney. 13. This development should meet the City's water quality requirements through a combination of on- site ponding and cash dedication. 14. The storm water pond should be constructed to treat 2.7 acres of the site area. It should have a minimum wet-pond volume of 0.25 acres-feet and should have a minimum area of 0.16 acres. The Eagan City Council Meeting Minutes August 19, 2003 Page 5 storm water treatment pond should be constructed according to NURP standards with a maximum depth of 6 feet and a 10: 1 aquatic bench. 15. In lieu ofponding to treat storm water from 3.8 acres of the site, a cash dedication should be required. 16. All existing structures shall be removed upon development. NEW BUSINESS PRELIMINARY SUBDIVISION (WENTWORTH PARK) AND PLANNED DEVELOPMENT AMENDMENT - GENERATION 2 City Administrator Hedges introduced this item regarding a Preliminary Subdivision to create eight lots on 2.82 acres on property located south of Cliff Road and west ofTH 77 on Slater Road. Senior Planner Ridley gave a staff report. Jeff Sawyer, applicant, made a presentation regarding the proposed subdivision. A neighboring property owner expressed concern over noise abatement but was agreeable with the over-all development. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve a Preliminary Subdivision (Wentworth Park to create eight lots on 2.82 acres on property legally described as Outlot A, Prairie Oaks, located south of Cliff Road and west ofTH 77 on Slater Road; 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, Bl, B4, Cl, C2, C4, Dl, El. 2. The property shall be platted. 3. The applicant shall fulfill required tree preservation mitigation through the installation of thirty-two (32) category B trees (or an equivalent combination of category A and/or category C trees and/or cash payment). 4. A long-term tree survival plan be prepared by a certified arborist and implemented on all trees with encroachment in to the Critical Root Zone. 5. 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. 6. The applicant shall contact the City Forestry Division and set up a preconstruction site inspection at least five days prior to the issuance of a grading permit to ensure compliance with approved Tree Preservation Plan and placement of the Tree Protection Fencing. 7. The developer shall not plant large-growth landscaping within the area of the drainage and utility easement. 8. The development is subject to cash park and trail dedication. 9. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a Town Office Association. The documents should be submitted and approved by the City Attorney's office prior to Final Subdivision approval. 10. Lot 8 shall be owned by the Town Office Association. No building permit shall be issued for Lot 8. 11. To the extent practicable, a buffer of natural vegetation outside the boundary of the wetland should be maintained before, during, and after construction. 12. This development should meet the City's water quality requirements by creating stormwater treatment capacity through a minimum wet-pond volume of 0.23 acre-feet covering an area of 0.15 acres. The stormwater treatment pond should be constructed according to NURP standards with a maximum depth of 6 feet, a 10: 1 aquatic bench, and an outlet structure acceptable to City standards. 13. A fire hydrant shall be installed in a location approved by the Fire Marshall. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Preliminary Planned Development for seven "town offices" on property legally described as Outlot A, Prairie Oaks, located south of Cliff Road and west ofTH 77 on Slater Road subject to the following conditions: Aye: 5 Nay: 0 Eagan City Council Meeting Minutes August 19, 2003 Page 6 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. This Planned Development is for Town offices. Residential occupation/uses shall be prohibited. 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 Tree Preservation Plan . Final Landscape Pan . Final Lighting Plan . Final Signage Plan . Noise Abatement Plan 4. Architectural relief shall be provided on the rear of the units (abutting Slater Road) with use of varied material, such as matching brick from the front. 5. Wall and pole-mounted light fixtures shall be shielded to reduce glare. 6. Al light fixtures on poles shall not exceed 20 feet in height. 7. All mechanical equipment shall be screened from public rights-of-way and properties with different land use designations. 8. Trash enclosure shall be moved north and the building materials shall match the principle structures. PRELIMINARY SUBDIVISION (GARDENWOOD PONDS 6TH ADDITION) RAY BRANDT City Administrator Hedges introduced this item regarding a Preliminary Subdivision to create two single family lots at 3853 North Ridge Drive. Senior Planner Ridley gave a staff report. Ray Brandt, applicant, was present to answer questions of the Council. David Craig, owner of property across the street from the subject property, discussed concerns regarding covenants of the adjacent neighborhood. Councilmember Carlson explained that the City has no jurisdiction over private covenants. Councilmember Maguire moved, Councilmember Carlson seconded a motion to approve a Preliminary Subdivision (Gardenwood Ponds 6th Addition) to create two single family lots at 3853 North Ridge Drive; 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, B1, C2. 2. The property shall be platted. 3. This development shall be responsible for a cash parks and trails dedication. 4. This development shall be responsible for dedication of cash in lieu of storm water treatment ponding. PRELIMINARY SUBDIVISION (LEXINGTON RIDGE) RAY MILLER City Administrator Hedges introduced this item regarding a Preliminary Subdivision to create eight single family lots on 6.9 acres located at 4225 Lexington Way. Senior Planner Ridley gave a staff report. Ray Miller, applicant, discussed the history of the property and proposed developments. Staff and Councilmembers discussed the issue of access off of Diffley Road and approval needed by Dakota County. Eagan City Council Meeting Minutes August 19, 2003 Page 7 Councilmember Carlson moved, Councilmember Tilley seconded a motion to deny a Preliminary Subdivision (Lexington Ridge) to create eight single family lots on 6.9 acres located at 4225 Lexington Way; and direct that Findings of Fact be prepared and presented to Council at their October 3,2003 meeting. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE Councilmember Fields moved, Councilmember Tilley seconded a motion to schedule a special City Council meting for August 26, 2003 at 5:00 p.rn. Aye: COMMUNITY CENTER UPDATE City Administrator Hedges updated the Council on current activities at the Community Center. Councilmember Fields moved, Councilmember Carlson seconded a motion to call a recess of the regular City Council meeting at 9:00 p.rn. A meeting of the Economic Development Commission immediately convened. The regular City Council meeting reconvened at 9:02 p.rn. ADMINISTRATIVE AGENDA Administrative Hearing Regarding Advisory Planning Commission Member Ron Miller City Administrator Hedges provided background information regarding an administrative hearing which was held August 7, 2003 to review the conduct of Advisory Planning Commission member Ron Miller with respect to actions taken by Mr. Miller on June 28, 2003 at 3206 Sibley Memorial Highway in Eagan. Mr. Miller read a statement prior to submitting a verbal resignation from the Advisory Planning Commission effective immediately. Mayor Geagan moved, Councilmember Carlson seconded a motion to accept the resignation of Advisory Planning Commission member Ron Miller. Aye: 5 Nay: 0 Community Center Grand Opening Budget Communications Director Garrison provided an overview of a proposed budget for the grand opening of the Community Center to be held September 27,2003. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve $10,000 as a budget for the Community Center Grand Opening. Aye: 5 Nay: 0 Super Storm Restoration - Dispute Resolution Process Public Works Director Colbert discussed a complaint from a homeowner regarding the limited extent of a driveway repaired as a result of disruptive construction activities adjacent to or on private property. He requested direction from Council has how to proceed with the resolution process. Council directed the Public Works Committee to review the issue and provide a recommendation for full Council ratification at a future Council meeting. Councilmember Carlson left the meeting at 9:40 p.rn. Information was provided by Public Works Director Colbert regarding water usage and sprinkling restrictions and a stop sign study at Black hawk Road and Silver Bell Road. Eagan City Council Meeting Minutes August 19, 2003 Page 8 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the meeting at 9:45 p.rn. (f-/A,tJud Ii, J{ccj }}ate I JJWzk J}!t:!a 'wid, Deputy City Clerk 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. MINUTES OF A SPECIAL CITY COUNCIL MEETING TUESDAY, AUGUST 12,2003 5:00 P.M. EAGAN CITY HALL COMMUNITY ROOM Councilmembers present: Mayor Geagan, Councilmember Carlson, Fields, Maguire and Tilley. Staff present: City Administrator Hedges, Assistant to the City Administrator Lord, Director of Public Works Colbert, Director of Communications Garrison, Director of Administrative Services VanOverbeke, Parks and Recreation Director Vraa, Parks and Recreation Special Projects Coordinator Wielde and Director of Community Development Hohenstein. I. ROLL CALL AND AGENDA ADOPTION City Administrator Hedges noted that staff needs direction on whether the City should prepare a response to correspondence from the Eagan Charter Commission. Councilmember Maguire requested the Council discuss an offer from the Metropolitan Council for a presentation regarding the Livable Communities Program. Mayor Geagan requested that Parks and Recreation Director Vraa be able to address the Council prior to Visitors to be Heard. Councilmember Maguire moved; Councilmember Fields seconded a motion to approve the agenda with the aforementioned additions. Aye: 3 Nay: 0 (Councilmembers Carlson and Tilley not yet present.) Parks and Recreation Director Vraa, noting his sincere thanks to the City staff and City Council, announced that he will be retiring from the City of Eagan. Mayor Geagan thanked Mr. Vraa for his many years of service, and noted the legacy that he leaves behind through the many parks that he built. Geagan also added that Mr. V raa has provided a wonderful gift to leave behind to the community. Councilmember Fields noted her admiration for all that Mr. Vraa has done. Councilmember Maguire acknowledged Mr. Vraa's professionalism, knowledge and all he has done for the community. Dorothy Peterson, member of the Advisory Parks and Recreation Commission (APrC), spoke on behalf of the APrC in thanking Mr. Vraa for all he has done for the organization. City Administrator Hedges also noted his sincere thanks and gratitude to Mr. Vraa and especially thanked Ken for the professionalism he has shown by providing adequate notice of his retirement. II. VISITORS TO BE HEARD There were no visitors to be heard. Special City Council Meeting Minutes August 12, 2003 Page 2 GREENWAY CORRIDOR RESOURCE ANALYSIS REPORT City Administrator Hedges introduced the item noting that at the August 4, 2003 City Council meeting, the Council formally accepted the Greenway Corridor Resource Analysis Report. Upon reviewing the report, the Council directed that a presentation be prepared to summarize the Resource Analysis Report. Parks and Recreation Director Vraa introduced Dave Holman, of the Soil and Water Conservation District, who then presented a Power Point presentation on the Corridor Resource Analysis Report. Councilmember Tilley and Councilmember Carlson arrived at 5:30 p.m. The City Council discussed the presentation, including questions about wildlife preservations and the trails that exist within the greenway corridor. Councilmember Maguire noted that the information presented is strictly an analysis that was done by the Soil and Water Conservation District, and was not an indication that the City was looking to buy open space as shown in the presentation. Parks and Recreation Director Vraa noted that the opportunity of informing residents about the value of their yards as part of the green space within the City. The City Council thanked Mr. Holman for his time in presenting the report. IV. REVIEW HOLZ FARM PARK MASTER PLAN City Administrator Hedges introduced the item, noting that at the June 24, 2003 joint workshop with the Advisory Parks and Recreation Commission, the City Council reviewed the draft copy of the Holz Farm Park master plan. At the August 4, 2003 City Council meeting, the Council directed that the master plan be further reviewed at tonight's workshop prior to being formally adopted. Per Council's direction, staff separated the expenses associated with the historic farm and those associated with the neighborhood park in preparation for the Council's discussion tonight. Hedges also noted that if the City Council were to adopt the master plan; that does not mean that the funding included in the plan is being approved. Parks and Recreation Director Vraa provided an overview on the cost projections associated with the neighborhood park and historic farm. Vraa also informed the Council that staff is looking into the historical designation process of the historic farm structures. The City Council discussed the cost projections included in the master plan, including questions about the prioritization of the items listed. The Council also discussed the impetus behind creating a master plan. Parks and Recreation Director Vraa stated that the City acquired various portions of Holz Farm Park at different times, and therefore the master plan was created as a way to unify the segments. The City Council discussed the budget for the historical structures on the farm. The Council also discussed the cost projections for the neighborhood park portion of Holz Farm, noting that improvements at other neighborhood parks in Eagan have been capped in the CIP processed. APrC member Dorothy Peterson noted that Friends of the Farm will look into which projects volunteers can do in order to reduce expenses. Councilmember Maguire noted that the options presented in the master plan are projects and options to consider; however, by accepting the master plan, the City is not giving authorization to Special City Council Meeting Minutes August 12, 2003 Page 3 go ahead with the projects included in the plan. City Administrator Hedges stated that the master plan is a study document, rather than a spending document. Hedges also added that acknowledging receipt of the document is separate from the implementation of the plan. Terry Davis, APrC Chair, spoke on behalf of the APrC noting that the master plan drafted by the consultant will be used as a guide when working with Friends of the Farm, and will not be seen as a license to proceed ahead with the projects included in the plan. Councilmember Maguire moved; Councilmember Tilley seconded a motion to accept the Holz Farm Master Plan Report. Aye: 5 Nay: 0 Council discussion: The Council directed that the Holz Farm Master Plan be brought back to the Council upon being reviewed by Friends of the Farm, in order that Friends of the Farm can list priorities within the master plan. The Council also requested that Friends of the Farm identify projects within the master plan that Friends of the Farm volunteers could complete. The Council noted that these two directives could be discussed as part of the CIP process, but requested that the prioritization take place prior to the CIP discussions. V. '03 - '04 WINTER TRAIL MAINTENANCE PLAN AMENDMENT TOWN CENTRE SIDEWALK City Administrator Hedges introduced the item noting that on April 15, 2003 the City Council approved various revisions and/or additions to the City's Winter Trail Maintenance Program for 2003-2004 resulting in a net increase of.6 miles at an estimated additional cost of$I,267; however, at that time, consideration of adding the newly installed sidewalk along Town Centre Drive (.6 miles) was not addressed. Public Works Director Colbert gave a staff report, noting that due to the Town Centre sidewalks' unique location adjacent to the back of a curb in the boulevard area previously used for snow storage and limited additional right-of-way, extra effort may be required to remove the snow including the possibility of hauling. Colbert added that it is estimated that the addition of the sidewalk section will cost $1,472 per year. The City Council discussed the benefits of adding the Town Centre sidewalk to the snow removal program. Public Works Director Colbert informed the Council that the sidewalk meets criteria for trail plowing. The City Council noted that they want to encourage mobility in the central area of Eagan. Councilmember Fields moved; Councilmember Maguire seconded a motion to approve the addition of the Town Centre Drive sidewalk (Duckwood to Denmark) to the Winter Trail Maintenance Program affective 2003 - 2004 and adjust the proposed budget accordingly. Aye: 5 Nay: 0 Special City Council Meeting Minutes August 12, 2003 Page 4 VI. CONSIDER NAME FOR C.D.A. SENIOR HOUSING FACILITY City Administrator Hedges introduced the item noting that the Dakota County Community Development Agency (CDA) has asked the City to consider a choice of names for the new senior housing facility located adjacent to O'Leary Manor in which the City is a financial partner. The CDA has spoken to the seniors living at O'Leary Manor who have recommended the following names: Centre Point, Lakeside Manor, Wildwood Manor, Eastwood Manor, Lake Point and Meadow Woods Manor. The City Council discussed the names and voiced their liking for 3 of the names, including: Centre Point, Lakeside Manor and Wildwood Manor. Councilmember Carlson noted that she did not believe that it was the City Council's decision to make and did not have a recommendation. City Administrator Hedges noted that he would contact the CDA to voice the Council's input. VII. CONSIDER PROCESS FOR COMMISSION APPOINTMENTS AND VACANCIES City Administrator Hedges introduced the item, noting at the August 4, 2003 City Council meeting, the Council directed that the process for filling commission vacancies be discussed at the August 12 workshop. Hedges also presented a memo that was prepared summarizing how commission vacancies in Eagan have been filled over the past two years. Hedges also presented information from the cities of Apple Valley, Bloomington and Lakeville regarding how they addressed vacancies. Lastly, the City Council was presented with two versions of an ordinance amendment prepared by the City Attorney regarding the City's Advisory Commissions and Committees, as it relates to the dismissal of a member and the process to address vacancies. Per the inquiry of Councilmember Maguire, City Administrator Hedges informed the Council that per the direction of the City Council, Mayor Geagan was in contact with Elaine Eyre, who was the applicant receiving the next number of votes for appointment to the APC. Mayor Geagan noted that in speaking with Ms. Eyre, she expressed interest in serving on the APC. The City Council discussed past practices of appointing vacancies on the commISSIons. Councilmember Maguire noted that he would like to see the City do what they have typically done in the past, which would be to appoint someone to the vacancy now, and consider a practice/policy for future vacancies after the current appointment has been made. Councilmember Carlson noted that she would like to see a policy in place for the appointment of commission vacancy prior to filling any current vacancies. Councilmember Fields concurred that she also would like to see a policy in place prior to filling any current vacancies. Mayor Geagan noted that it appears the will of the Council is not to fill the current vacancy; rather, the time has come to address the need for a policy to be put in place to establish a process for filling commission vacancies. The City Council directed City Administrator Hedges to prepare information for the City Council regarding the whole picture of the appointment process, including past practices of the City, options available, and practices of additional cities. Council directed that this information be prepared for Council review within the next 45 days, to be addressed by the City Council at the end of September/beginning of October. Upon consideration of the information presented, the Council noted that a new process could be adopted in November of 2003. The City Council also directed City Administrator Hedges to provide the Council with a copy of the Committee/Task Force Policy Special City Council Meeting Minutes August 12,2003 Page 5 prepared by Councilmember Carlson and Eagan resident, Dave Rugg. The Council agreed to provide any input, issues or topics to City Administrator Hedges regarding the issue of committee appointments. VIII. OTHER BUSINESS City Administrator Hedges inquired with the City Council about correspondence received from the Eagan Charter Commission. The City Council discussed the letter and asked that the League of Minnesota Cities provide information about how other cities identify their charter commiSSions. Councilmember Maguire noted that correspondence was received from the Metropolitan Council with an offer to address the City regarding information about the Livable Communities Program. Maguire noted that Livable Communities' money has assisted the cities of Bumsville and Apple Valley. Councilmember Carlson inquired whether there will be any repercussions from the City not recently participating in the Livable Communities Program. The City Council directed staff to get further information from the Metropolitan Council, to be brought back to the City Council for further discussion. City Administrator Hedges acknowledged the City's new Director of Community Development Jon Hohenstein who was in the audience. Hedges noted that Mr. Hohenstein began his new position on Monday, August 11, and everyone at the City is very pleased to have him on board. IX. ADJOURNMENT Councilmember Maguire moved; Councilmember Tilley seconded a motion to adjourn at 7:46 p.m. Aye: 5 Nay: 0 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota August 4, 2003 A regular meeting of the Eagan City Council was held on Monday, August 4,2003 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan and Councilmembers Carlson, Fields, Tilley and Maguire. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Assistant to the City Administrator Dianne Lord. AGENDA The Council received a request for a premise penn it for the Eagan's Lion Club to conduct a pull tab operation at Al Baker's. The Council placed the item on the August 19 agenda. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve the agenda. Aye: 5 Nay: 0 CONSENT AGENDA The Council pulled Consent items G, H, K, L, S, and X 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 of the July 15, 2003 regular City Council meeting and the July 22, 2003 special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Scott Higgins, Denise Griffith, Patrick Trembley, Diane Curry and Debra Henk as part-time fitness attendants/personal trainers at the Community Center. 2. It was recommended to approve the hiring of Judy Goers as the part-time head child care attendant and Abigail Smith and Brian Klekner as part-time assistant child care attendants at the Community Center. 3. It was recommended to approve the hiring of Patrick Myers, Kathleen Kirberger and Mike Kabakov as part-time guest services representatives at the Community Center. 4. It was recommended to approve the appointment of Cynthia Whitacre as a temporary preschool program coordinator. 5. It as recommended to accept the resignation of Sean Lessard, Community Service Officer. 6. It was recommended to approve the fonnal 2003 Community Center Part-Time Compensation Table. C. Check Registers. It was recommended to ratify the check registers dated July 17,2003 and July 31,2003 as presented. D. Proclamation. It was recommended to proclaim Tuesday, September 23,2003 as Argosy University / Twin 03-45A Cities Day. E. Ordinance Amendment. It was recommended to direct staff to prepare amendments for City Ordinance 2.70, Disposal of abandoned motor vehicles, unclaimed property and excess property, and City Ordinance 10.30, Curfew. F. Ordinance Amendment. It was recommended to direct the City Attorney's office to prepare an Ordinance Amendment suitable for publication for Chapter II, Section 11.21 to reflect the DNR standards for development/uses within the shoreland area for tributaries. G. Holz Fann Master Plan Report. It was recommended to accept project report from the Holz Fann Master Plan complied by Brauer and Associates. PULLED Eagan City Council Meeting Minutes August 4, 2003 Page 2 H. Eagan Greenway Corridor Resource Analysis Report. It was recommended to accept project report for the Eagan Greenway Corridor conducted by the Dakota County Soil and Water Conservation District. PULLED I. Extension for Recording Plat. It was recommended to approve an extension of time to record the Final Plat for Vogelpohl Addition, located at 2099 Silver Bell Road. J. Comprehensive Guide Plan Amendment. It was recommended to implement the comprehensive Guide Plan Amendment for Special Area #4 (Central Area). K. APC Member Resignation. It was recommended to accept the resignation of Advisory Planning Commissioner Huusko. PULLED L. Appointment to APe. It was recommended to appoint Advisory Planning Commissioner Alternate Paul Leeder to fill Member Huusko's vacancy for the remainder of2003. PULLED M. Project 771. It was recommended to amend the approved final assessment roll for Project 771 (Lexington Ayenue - Street Upgrade and Traffic Signal Improvements) and notify Dakota County of the amendment for collection purposes. N. Proiect 893. It was recommended to receive the Draft Feasibility Report for Project 893 (Diffley Frontage Roads - Street Improvements) and schedule a public hearing to be held on September 2,2003. O. Contract 03-09. It was recommended to approve Change Order #1 to Contract 03-09 (Water Treatment Plant Expansion) and authorize the Mayor and City Clerk to execute all related documents. P. Project 886. It was recommended to authorize a revised scope for Project 886 (Lone Oak Road - Street and Utility Improvements) and revise the preparation of the feasibility report accordingly. Q. Contract 03-04. It was recommended to approve Change Order No.1 to Contract 03-04 (TH 55 Frontage Road/Gift of Mary - Street and Utility Improvements) ad authorize the Mayor and City Clerk to execute all related documents. R. Wescott Road and Railroad Crossing Agreement. It was recommended to approve MnDOT Agreement #77143 (Wescott Road and Soo Line Railroad Crossing - Signal & Gates) and resolution authorizing the 03-46 Mayor and City Clerk to execute all related documents. S. Capital Improvement Plan. It was recommended to approve an amendment to the City of Eagan 5-year Capital Improvement Plan for 2004-2008 in response to the Dakota County Transportation Department's draft 2004-2008 Transportation Capital Improvement Plan and authorize City staffto send a letter to County staff supporting the draft plan. PULLED T. Proiect 851. It was recommended to approve Easement Agreement for Project 851 (Town Centre Area- Street & Access Management Improvements) with the owner of Parcel No. 10-22415-010-01 and authorize the Mayor and City Clerk to execute all related documents. U. Service Agreement. It was recommended to approve a Service Agreement with Braun Intertec Corporation and authorize designated City Staff to execute work orders for requested engineering services. V. Contract 03-12. It was recommended to approve the cooperative agreement with the Minnesota Department of Transportation for Contract 03-12 (Trunk Highway 13 and Silver Bell Road - Intersection Reconfiguration), approve said plans and specifications, authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, August 28, 2003, and authorize the Mayor and City Clerk to execute all related documents. W. Project Ol-X. It was recommended to acknowledge the completion of Contract Ol-X (Blue Ridge 4th Addition - Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. X. Firearms Policy. It was recommended to approve the Policy Prohibiting Firearms at Work. PULLED y. Off-Sale Liquor License. It was recommended to approve the off-sale liquor license for T's Discount Liquor, Inc. located at 3900 Cedar Grove Parkway (formerly Sid's Discount Liquor). Z. Liquor License. It was recommended to approve a change in management on the on-sale wine and beer license for Noodles and Company located at 1340 Town Centre Drive. AA. Liquor License. It was recommended to approve a change in management of the off-sale beer license for Kwik Trip located at 3145 Dodd Road. BE. Civic Arena Operation Budget. It was recommended to approve the 2004 Civic Arena Budget including rates for the 2003-04 season and the acquisition of capital improvements. G. Holz Farm Master Plan Report.-Councilmember Carlson moved, Councilmember Tilley seconded a motion to direct the item a City Council workshop, and directed staff to separate the historic farm projects from the neighborhood park projects. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes August 4, 2003 Page 3 H. Eagan Greenway Corridor Resource Analysis Report.- The City Council directed the item to a City Council workshop for formal presentation. K. APC Member Resignation. Councilmember Tilley thanked Mr. Huusko for his service on the APe. Councilmember Tilley moved, Councilmember Fields seconded a motion to accept the resignation of Advisory Planning Commissioner Huusko. Aye: 5 Nay: 0 L. Appointment to APC--Councilmember Maguire noted that he would like to discuss the appointment of the APC alternate term, and requested that the Council consider directing staff to research the voting records to determine who would be the next person on the ballot receiving the most number of votes, who could assume the alternate position ifhe/she so chooses. The Council directed the item to Other Business for further discussion. Councilmember Carlson moved, Councilmember Fields seconded a motion to appoint Advisory Planning Commissioner Alternate Paul Leeder to fill Member Huusko's vacancy for the remainder of2003. Aye: 5 Nay: 0 S. Capital Improvement Plan.- The City Council directed that the public be notified about the proposed changes to the CIP. Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve an amendment to the City of Eagan 5-year Capital Improvement Plan for 2004-2008 in response to the Dakota County Transportation Department's draft 2004-2008 Transportation Capital Improvement Plan and authorize City staff to send a letter to County staff supporting the draft plan. Aye: 5 Nay: 0 X. Firearms Policy.-Councilmember Tilley noted her support of the policy. Councilmember Maguire noted the policy applies to employees of the City of Eagan. Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the Policy Prohibiting Firearms at Work. Aye: 5 Nay: 0 PUBLIC HEARINGS VARIANCE - MARK AND PEGGY ETCHISON City Administrator Tom Hedges introduced this item regarding a request for an 8 foot variance to the minimum 30 foot structure setback from a public right-of-way for an accessory structure to allow construction of an 8' x 12' pool house on property located at 3640 Pinecrest Court. Senior Planner Ridley gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve an 8-foot Variance to the minimum 30-foot structure setback from a public right-of-way for an accessory structure to allow construction of an 8' x 12' pool house on property located at 3640 Pinecrest Court, legally described as Lot 17, Block 1, Pinecrest of Eagan, in the SW 14 of Section 15. Aye: 5 Nay: 0 PROJECT 883, BEECHER DRIVE / CLEARVIEW ADDITION STREET LIGHTING IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Project 883. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. Eagan City Council Meeting Minutes August 4, 2003 Page 4 Two residents voiced their support of the project. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the Final Assessment Roll for Project 883 (Beecher Drive / Clearview Addition - Street Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 801, SLIVER BELL ROAD - STREET IMPROVEMENTS PARCEL 10-22450-020-01 FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Project 801 (Silver Bell Road - Street Improvements). Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll of$22,550.80 for Project 801 (Silver Bell Road - Street Improvements, Parcel 10-22450-020-01) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 VACATE PUBLIC RIGHT OF WAY - ALDER LANE City Administrator Hedges discussed this item regarding a request for right of way vacation which had been continued from the July 15th City Council meeting. Public Works Director Colbert gave a staff report. Mayor Geagan recognized the applicant, Ms. Doris Dahline. Ms. Dahline presented an overview of her request to the City Council, noting the following wishes: 1.) To have the right-of-way vacated; 2.) She likes the appearance of her private drive and will accept the City's actions; 3.) She desires privacy; 4.) She is requesting a 15- foot driveway to meet City standards; 5.) She is requesting a surmountable drive-over curb; and 6.) She is requesting a private-drive sign. The City Council discussed Ms. Dahline's request. The City Attorney presented a first amendment to right of first refusal and option agreement, which stated that any conveyance of the property would include any vacated right-of-way, but the price to the seller shall be determined as if the right-of-way had not been vacated. Councilmember Maguire moved, Councilmember Tilley seconded a motion to: 1.) Approve the vacation of a portion of Alder Lane adjacent to Lot 9, Block 1 Langhoven Addition including the extension of the private driveway, contingent on the property owner being responsible for the maintenance of the private drive; 2.) Approve the City's retention of all necessary public drainage and utility easements; and 3.) Approve an amendment to the existing Right of First Refusal and Option Agreement and authorize Mayor and City Clerk to execute all related documents. Aye: 3 Nay: 2 Councilmembers Fields and Carlson opposed. (FAILED due to lack of the required 4/5 super-majority vote) NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT - HOBBY ZONE City Administrator Hedges introduced this item regarding a Planned development to allow the outside race track to be uncovered at all times and to allow a 3' x 6' sign describing the purpose of the track on property located at 1960 Cliff Lake Road. Senior Planner Ridley gave a staff report. Eagan City Council Meeting Minutes August 4, 2003 Page 5 The applicant addressed the City Council. The City Council discussed the applicant's request. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve a Planned Development Amendment to allow the outside race track to be uncovered at all times on property located at 1960 Cliff Lake Road in the SW 14 of Section 29, subject to the following conditions: Aye: 5 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at Dakota County within 60 days of approval. 2. A fence shall be installed at the rear of the track for separation purposes. 3. Stone pavers shall be installed along the edge of the viewing stand as indicated on plans dated June 18, 2003. 4. Mulch shall be placed in the planting beds. 5. Landscape restoration shall occur on site. Councilmember Maguire moved, Councilmember Fields seconded a motion to deny a Planned Development Amendment to allow a 4' x 6' sign describing the purpose of the track on property located at 1960 Cliff Lake Road in the SW 14 of Section 29. Aye: 5 Nay: 1 (Carlson opposed) PLANNED DEVELOPMENT AMENDMENT - EAGAN HOTEL GROUP, LLC (DAYS INN) City Administrator Hedges introduced this item regarding a planned development amendment to allow a maintenance building within a utility easement on property located at 4510 Erin Drive. Senior Planner Ridley gave a staff report. The applicant, representing Eagan Hotel Group, LLC (Days Inn) addressed the City Council. The City Council discussed the easements that exist on the property. The City Coun~il recessed at 8:10 p.rn. in order for the applicant to confer with the City's legal staff regarding easements on the property. The City Council reconvened at 8:30 p.m. The City Council further discussed the applicant's request that the City waive the contractual obligation for trail installation. The applicant noted that access to the manholes on the property could be achieved via grading and turf placement. The applicant stated she is willing to provide access to reach utilities. Councilmember Carlson moved, Councilmember Maguire seconded a motion to continue the item to the August 19 City Council meeting to allow the applicant and staff the opportunity to review the landscape plan and determine whether it impedes utility access, and to send a letter of continuance to the applicant. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT - SAM'S WEST, INC. City Administrator Hedges stated the applicant had requested that this item be continued. Councilmember Maguire moved, Councilmember Fields seconded a motion to continue consideration to the August 19, 2003 Council meeting of a Planned Development Amendment to allow the addition of motor fuel sales on property located at 3035 Denmark Avenue, south of Lone Oak Road and east ofI-35E in the NE 14 of Section 10. Aye: 4 Nay: 1 (Carlson opposed) INTERIM USE PERMIT - DUKE REALTY CORPORATION City Administrator Hedges stated the applicant had requested that this item be continued. Eagan City Council Meeting Minutes August 4, 2003 Page 6 Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of an Interim Use Permit to allow additional outdoor tractor trailer / truck storage on Lots I and 2, Block I Eagandale Center Industrial Park No. 12 at 1245 Trapp Road to the August 19 City Council meeting. Aye: 5 Nay: 0 REZONING - MANLEY LAND DEVELOPMENT City Administrator Hedges introduced this item regarding a request for a rezoning from Agriculture to R-4, Residential Multiple upon approximately eight acres located at 1560 Yankee Doodle Road. Senior Planner Ridley gave a staff report. The applicant presented his request to the City Council. The City Council discussed the rezoning request, and inquired about a conservation easement for the wetlands on the property. The Council also discussed the historic value of the house currently on the property. The applicant noted that the conservation easement has been prepared and would be recorded with the plat. The applicant stated he would provide the house to the City at no cost, provided the City paid all moving costs, but that he has no intention at this time of retaining the house. The applicant added that if the rezoning is approved, he anticipates development to begin in approximately three months. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Rezoning from Agriculture to R-4, Residential Multiple upon approximately eight acres located at 1560 Yankee Doodle Road, located south of Yankee Doodle Road and east of Coachman Road in the NW 14 of Section 16. Aye: 5 Nay: 0 PRELIMINARY AND FINAL SUBDIVISION (CEDAR GROVE P ARKW A Y) CITY OF EAGAN City Administrator Hedges introduced this item regarding a Preliminary and Final Subdivision to create two lots and dedicate public rights-of-way, on 6.03 acres located south of Silver Bell Road at the intersection with Cedar Grove Parkway. Senior Planner Ridley gave a staff report. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Preliminary and Final Subdivision (Cedar Grove Parkway) to create two lots and dedicate public rights-of-way, on 6.03 acres located 03-47 south of Silver Bell Road at the intersection with Cedar Grove Parkway, in the NE 14 of Section 19 and NW 14 of Section 20, subject to the following conditions: Aye: 5 Nay: 0 1. The property shall be platted. 2. Lot 1, Block I, shall be subject to cash park and trails dedications at the time of development. LEGISLA TIVE / INTERGOVERNMENTAL AFFAIRS UPDATE FAA Reauthorization Bill The City Council discussed the provision that was recently made to the FAA Reauthorization Bill that would bar airports from seeking federal Airport Improvement Program (AlP) funds for noise mitigation outside of the 65 db DNL. Councilmember Carlson moved, Councilmember Tilley second a motion to direct staff to send a letter to each member ofthe Minnesota Congressional delegation voicing opposition to the provision, and also copy the letter to cities surrounding the MSP airport. Aye: 5 Nay: 0 The Council directed that a letter be sent to the executive director ofN.O.I.S.E., thanking the lobbying firm for the communication and organization that they have provided on this issue. Eagan City Council Meeting Minutes August 4, 2003 Page 7 Blackhawk Road--Silver Bell/Deerwood Stop Signs Public Works Director Colbert noted that traffic counts are currently underway at the intersections of Silver Bell Road and Blackhawk Road, as well as Deerwood Avenue and Blackhawk Road. Ring Road Update Mayor Geagan noted that he, City Administrator Hedges, and Public Works Director Colbert met at Lockheed Martin with Senator Coleman and his staff. They ran out of time for discussions, but agreed to set a follow-up meeting to discuss funding options for the ring road overpass. COMMUNITY CENTER UPDATE City Administrator Hedges gave a brief update on Community Center activities, including plans for the September 27 Grand Opening celebration. ADMINISTRATIVE AGENDA MVTA FACILITY BUS GARAGE Planner Ridley gave a staff report on the proposed MVT A bus garage to be located on Highway 13 at Blackhawk Road. Councilmember Tilley moved, Councilmember Fields seconded a motion to send a letter of support to the Metropolitan Council, provided the following conditions are met: 1.) An environmentaVconservation easement is acquired on the specific parcel in order to protect the natural state of the ash fill. 2.) All negotiations related to the Adelmann property are to be conducted by the Metropolitan Council 3.) The letter of support being provided to the Met Council shall not be used for negotiation purposes with the Adelmanns. Aye: 5 Nay: 0 MASSAGE THERAPY LICENSE REIMBURSEMENT The City Council discussed the reimbursement request received, and directed that the City not reimburse the license holder, as she paid the correct fee at the time the application was sought. CAPONI LAND ACQUISITION STUDY COMMITTEE STRUCTURE AND CHARGE The City Council discussed the formation of a study committee to explore the possibility of acquiring a portion of the Caponi property. The Council directed that Councilmembers Maguire and Carlson serve on the committee. Councilmember Maguire stated he would get the proposed committee structure to the City Administrator for distribution to the City Council. CITY COUNCIL WORKSHOP Councilmember Fields moved, Councilmember Tilley seconded a motion to set Special City Council meetings on: Tuesday, August 12 at 5PM and Tuesday, August 26 at 5:30 PM (budget workshop). Aye: 5 Nay: 0 Eagan City Council Meeting Minutes August 4, 2003 Page 8 BI-WEEKLY RECYCLING Upon hearing from a representative of Waste Management regarding single sort, bi-weekly recycling, the City Council directed that an informational meeting be held on single sort recycling, and that a letter be sent to all trash/recycling haulers to notice them about the meeting. The regular City Council meeting was temporarily adjourned at 10:20 p.m. and a meeting of the Economic Development Authority was immediately convened. Mayor Geagan reconvened the regular City Council meeting at 10:25 p.m. OTHER BUSINESS The City Council further discussed the APC appointment process. At the suggestion of Mayor Geagan, the City Council directed the item to the August 12 City Council Workshop for further discussion on: 1.)The current APC vacancy; 2.) The process to take in future commission appointments and vacancies; and 3.) The ordinance amendment prepared by the City Attorney's office regarding the dismissal of a commissioner and the commission appointment process. The City Council directed the City Administrator to contact the person receiving the most votes, after Mr. Paul Leeder, to inquire whether he or she would still be interested in serving on the APe. RESOLUTION APPROVING ASSIGNMENT OF DEVELOPMENT AGREEMENT WITH DELTA DEVELOPMENT, INC. TO U.S. HOME CORPORATION Mayor Geagan moved, Councilmember Fields seconded a motion to adopt a Resolution approving assignment of development agreement with Delta Development, Inc. to U.S. Home Corporation. Aye: 4 Nay: 0 (Tilley absent) 03-48 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT p.m. Coundlm,mb" Magu;" moved, Coundlmemb" :e~lcon~ed a m~~n :0 adjoum Ibe meoHng al 1025 '-I , /JWz{G )r-{ ~ Dme D uty \ 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, (65I) 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. MINUTES OF A SPECIAL CITY COUNCIL MEETING TUESDAY, JULY 22, 2003 5:30 P.M. EAGAN CITY HALL COMMUNITY ROOM Councilmembers present: Mayor Geagan, Council members Carlson, Fields, Maguire and Tilley. Also present were City Administrator Hedges, Assistant to the City Administrator Lord, Parks and Recreation Director Vraa, and Civic Arena Manager Vaughan. I. ROLL CALL AND AGENDA ADOPTION Councilmember Tilley moved; Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 II. VISITORS TO BE HEARD There were no visitors to be heard. III. RECEIVE APrC RECOMMENDATION FOR THE CAPONI LAND ACQUISITION City Administrator Hedges introduced the item, noting that the City Council, at their June 24, 2003 Joint City Council! APrC special meeting, provided the APrC with four directives relating to the Caponi land acquisition. Those four items included: 1.) Explore the option of a referendum for the acquisition of the Caponi property; 2.) Discuss funding options for the 50 percent of the funding that would not be covered by the Parks Site Fund; 3.) Provide further detail into "Option 2" (two phased approach with no purchase obligation); and, 4.) Prepare suggested nominees for the Caponi Art Park Board and the time frame for completion. Mayor Geagan introduced APrC Chair Terry Davis and thanked him and his fellow APrC Commissioners for being present at the meeting. Chair Davis, in response to the City Council's directives, provided summaries of the APrC's discussion on each of the four items. Davis noted that it is the APrC's recommendation that if a referendum were to be held in regard to the Caponi property, that the earliest the referendum should be held is 2004. Davis stated that the APrC is unsure of monetary value of the land at this time, and also suggested that the referendum could possibly include funding to purchase all or a portion of the Caponi property, as well as funds for future property acquisitions. In response to Directive 2, Davis noted that a member of the APrC met with Director of Administrative Services VanOverbeke to discuss the various funding options that the City has available to purchase a portion ofthe Caponi property. The APrC concluded that they were Special City Council Meeting Minutes July 22, 2003 Page 2 not able to identify a clear cut funding source above the 50 percent of the funding that would not be covered by the Park Site Acquisition Fund. Chair Davis, in response to Directive 3, presented three scenarios for consideration within the Option 2 financing. It was the APrC's recommendation that the City use $200,000 from the CIP Park Site Acquisition Fund to purchase ten acres of the Caponi property adjacent to Patrick Eagan Park, which would also connect to Diffley Road. The APrC also recommended that this land then be annexed to Patrick Eagan Park. The City Council and members of the APrC discussed the various funding options available to purchase the Caponi property. Parks and Recreation Director Vraa addressed the Council, noting that he had just returned from a meeting with Mr. Caponi and Bob McGilivrey from Trust Public Land (TPL). Vraa summarized Mr. Caponi's recent proposal to the City for the acquisition of the property. Vraa stated that Mr. Caponi is suggesting that the City and TPL enter into an agreement with the Caponi's for the southerly 20 acres of the Caponi property. Under that arrangement, Caponi is suggesting that the City provide $200,000 up front (20 percent of the value), and over the next 12 to 18 months work to acquire grants to fund the remaining $800,000. In addition to the agreement with TPL and the City, Caponi is recommending that 20 acres be purchased by the Caponi Art Park Board. Furthermore, ten acres would be purchased by Macalester College, and ten acres would be donated to Macalester College by Mr. Caponi. Upon hearing Mr. Caponi's recent proposal, the City Council recessed at 5:55 p.m. The City Council reconvened at 6:05 p.m. Mayor Geagan clarified that the purpose of the recess was for him to discuss with City Administrator Hedges the legality of the proposal and the direction the City Council could take. Mayor Geagan noted that the APrC has put in a significant amount of time and effort into the recommendations provided to the City Council regarding the Caponi property. The City Council, upon hearing of the most recent proposal, discussed whether to table the discussion until such time as the most recent proposal could be further discussed, or to continue with the recommendation of the APrC as presented at tonight's meeting. The City Council agreed to continue discussion on the APrC's recommendations as presented in preparation for tonight's meeting. Bob McGilivrey from TPL addressed the City Council. The City Council discussed the art sculptures that are on certain areas ofMr. Caponi's land. Mr. McGilivrey and Parks and Recreation Director Vraa, at the Council's request, noted that after discussing the APrC's recommendation with Mr. Caponi, he did not appear to be interested in pursuing the proposal being recommended by the Commission. The City Council discussed what their next step should be in regards to the APrC's recommendation, in light of the proposal being offered by Mr. Caponi. The City Council noted their desire to have confirmation from Macalester College in regards to the ten acres that Mr. Caponi is suggesting they will purchase. Councilmember Carlson moved; Councilmember Tilley seconded a motion to table the discussion on the Caponi property acquisition until the City receives confirmation from Macalester College that they have entered into a purchase agreement on the ten acres of the Caponi property. Aye: 5 Nay: 0 Special City Council Meeting Minutes July 22, 2003 Page 3 The City Council recessed at 6:25 p.m. to recognize Planning Commission Gary Huusko, who is resigning from his Chair position on the APC due to his acceptance of a new professional position with the law firm of Severson, Sheldon, Dougherty and Molenda. The City Council reconvened at 6:40 p.m. IV. STATUS UPDATE 2004 GENERAL FUND OPERATING BUDGET City Administrator Hedges introduced the item and thanked the City Council for the feedback they provided to the budget information presented at the June 24 City Council workshop. Hedges added that he provided the Council's input to the Department Directors, which was discussed at each of the meetings that the City Administrator had with the department directors. Hedges noted that at this time, narratives, revenue projections, and an information based budget are being prepared to be presented to the City Council in August. Hedges also informed the Council that on August 4 a budget timeline will be presented to the City Council, which will note that the first meeting in September is the time in which the City Council will consider the proposed levy. Councilmember Fields inquired about the City of New Brighton's recent policy to charge an additional administrative fee associated with traffic offenses. City Administrator Hedges noted that research would be done to inquire about New Brighton's program. V. CONSIDER 2004 CIVIC ARENA BUDGET City Administrator Hedges introduced the item noting that traditionally the Civic Arena Budget is acted upon in advance of the other Enterprise Funds and the General Operating Budgets due to the fact that the Civic Arena operations are run on a seasonal basis starting in September as opposed to the calendar year. City Administrator Hedges summarized the Civic Arena's 2003 and proposed 2004 revenues, expenditures, capital costs, and the current cash position of the Civic Arena Fund. Parks and Recreation Director Vraa presented an additional summary of the 2004 proposed budget. Vraa noted that seasonal staff salaries have been adjusted, but no changes have been made to the employee count. Vraa also presented the 2004 proposed rate increases, noting that it keeps pace with the fees of ice arenas in the surrounding area. Vraa suggested that $10,000 be allocated for capital expenses in each year in order to be consistent in addressing capital needs. Vraa also thanked Civic Arena Manager Mark Vaughan for his management of the Civic Arena and his ability to attract non-ice revenue. The City Council discussed the budget as proposed and asked questions of staff in regard to specific line items. The City Council also thanked staff for the format in which the budget was presented. Councilmember Carlson moved; Councilmember Tilley seconded a motion to recommend approval of the 2004 Civic Arena Budget as presented for ratification on the August 4 City Council Consent Agenda. The motion also included the recommendation to purchase the items included on the Civic Arena Capital Improvement List as presented and to be funded through the Civic Arena's cash reserve. Special City Council Meeting Minutes July 22, 2003 Page 4 VI. PERSONNEL POLICY: PROHIBITING FIREARMS AT WORK City Administrator Hedges presented a draft personnel policy to the City Council in regard to restricting City employees from possessing or carrying firearms on City property. Hedges also noted that the City Attorney has reviewed the draft policy and found it in order. The City Council discussed the policy and, in particular, whether the City could mandate that employees lock their vehicles. The City Council amended the policy, asked that it be reviewed by the City Attorney and included on the August 4 City Council Consent Agenda for formal ratification. The City Council directed that the amended draft policy be e-mailed to City employees, including the Fire Department, in order to receive their feedback prior to the Council's consideration of the policy on August 4. The City Council also suggested that upon approval, City employees should sign-off on the policy once they have reviewed it. VII. OTHER BUSINESS Councilmember Maguire recommended to the City Council that a letter be sent to Mr. Anthony Caponi to inform him of the direction that the City Council took at tonight's meeting, as well as what lead to the decision. The Council also suggested that a press release be issued in regards to the current status of the City's communications with Mr. Caponi. The City Council agreed that Mayor Geagan and City Administrator Hedges would prepare a letter to Mr. Caponi. Mayor Geagan noted that he and City Administrator Hedges met with staff from Senator Coleman's office, and specifically discussed the Council's goals for the establishment of a ring- road. Hedges noted that Senator Coleman will be at Lockheed Martin this August and would like to set a meeting with City staff to discuss the opportunities for the ring-road. Mayor Geagan also noted to Coleman's staff that it has been difficult to get the attention of the postal service bulk mail facility in regard to the extension of Denmark Avenue. Councilmember Carlson gave a brief update on the NOISE Conference that she and Councilmember Fields recently attended. Councilmember Carlson suggested that the City address issues of disclosure in regard to what property owners are currently required to disclose when selling their property. Carlson specifically noted that the state of California, due to lobbying by the City of San Francisco, recently passed state legislation requiring disclosure of airport issues effect on property. Assistant to the City Administrator Lord noted that she would bring the issue to the Airport Relations Commission for them to address. VIII. ADJOURNMENT Councilmember Maguire moved; Councilmember Fields seconded a motion to adjourn at 7:45 p.m. MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 15, 2003 A regular meeting of the Eagan City Council was held on Tuesday, July IS, 2003 at 6:30 p.rn. at the Eagan Municipal Center. Present were Mayor Geagan and Councilmembers Carlson, Fields, Tilley and Maguire. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary/Deputy Clerk Mira McGarvey. AGENDA Mayor Geagan added an additional item (B) under New Business. Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Raleigh Sellig was recognized and presented with a plaque for his twenty years of volunteerism with the community July 4th celebrations. Margo Danner was recognized and presented with a certificate for her extraordinary involvement as a community volunteer. CONSENT AGENDA Mayor Geagan pulled item D from the Consent Agenda Councilmember Fields moved, Councilmember Carlson seconded a motion to approve the Consent Agenda. Aye: S Nay: 0 A. Minutes. It was recommended to approve the minutes of the July 1, 2003 regular City Council meeting and the July 2, 2003 City Council retreat as presented. B. Personnel Items. I. It was recommended to approve the hiring of Kelly Clements and Jill Kuzma as guest services representatives at the Community Center. 2. It was recommended to accept the resignation of Joel Rausch, Engineering Technician. C. Check Registers. It was recommended to ratify the check registers dated July 3,2003 and July 10, 2003 as presented. D. National Night Out. Pulled for discussion E. Community Center Fee Schedule. It was recommended to approve a modification to the Community Center fee schedule to include a $20 per month aerobic membership fee to be available to Community Center fitness members per the recommendation of the Community Center Operations Committee. F. Community Center Meeting Room Equipment Fees. It was recommended to approve Community Center meeting room equipment fees/charges for services per the recommendation of the Community Center Operations Committee. G. Custodial Staff. It was recommended to approve the hiring of a full-time custodial staff person (night shift) at the Community Center in lieu of hiring a full-time guest services attendant per the recommendation of the Community Center Operations Committee. H. Final Subdivision. It was recommended to approve a Final Subdivision (River Run Addition) to create two 03-43 single family lots at 2987 Pilot Knob Road. I. Extension for Recording Final Plat. It was recommended to approve an extension of time to record the Final Plat for Children's Therapy Addition, located north of Avalon Avenue on the west side of Pilot Knob Road in the NE 14 of Section 4. 1. Extension for Recording Final Plat (Heine 2nd Addition) - William Heine and Laura Burbach. Eagan City Council Meeting Minutes July 15, 2003 Page 2 K. Findings of Fact. It was recommended to confirm the Findings of Fact, Conclusions and Resolution of 03-44 Denial (Planned Development Amendment) - Anderson Builders. L. Proiect Ol-Q. It was recommended to authorize the time extension of the development agreement for Project 0 l-Q (Perron Acres - Street and Utility Improvements) to August 31, 2003. M. Proiect Ol-S. It was recommended to authorize the time extension of the development agreement for Project 01-S (Finch Place - Street and Utility Improvements) to September 30,2004. N. Proiect 02-C. It was recommended to authorize the time extension of the development agreement for Project 02-C (Natures Edge - Street and Utility Improvements) to August 31,2003. O. Contract 02-17. It was recommended to approve Change Order No.2 to Contract 02-17 (Central Parkway and Cedar Grove Area Streetscaping and Lighting Improvements) and authorize the Mayor and City Clerk to execute all related documents. P. Dakota County Mutual Aid Fire Service Agreement. It was recommended to approve the Dakota County Mutual Aid Fire Service Agreement between the Cities of Apple Valley, BurnsviIle, Cannon Falls, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, MiesviIle, Northfield, Rosemount, South St. Paul, and West St. Paul, the Metropolitan Airport Commission, and the Randolph-Hampton Fire District. Q. Amusement Device License. It was recommended to approve an Amusement Device License for ACMI/Sugarloaffor amusement devices at Cub Foods and Wal-Mart. R. Fee Schedule - Community Center Child Care Facility. It was recommended to approve the fee schedule for the Community Center Child Care Facility. S. Service Agreement/AET. It was recommended to approve the Service Agreement - Terms and Conditions to be accepted with the proposal from AET for a Phase I ESA for the Kopacek property. D. Mayor Geagan discussed National Night Out and encouraged residents to plan neighborhood gatherings for the evening. Mayor Geagan moved, Councilmember Tilley seconded a motion to adopt a proclamation recognizing August 5,2003 as "National Night Out" in the City of Eagan 03-45 PUBLIC HEARINGS VARIANCE - LYNN LANGEVIN City Administrator Hedges introduced this item regarding a request for a variance to exceed the 20 percent maximum building lot coverage by 3.65 percent at 930 Wildrose Court. Senior Planner Ridley gave a staff report. Lynn Langevin, applicant, discussed her request for a variance, stating the home is designed for elderly residents. Mayor Geagan opened the public hearing. A neighborhood spokesman, Bradley Wirt, 927 Wildrose Court, spoke in support of the proposed variance on behalf of the neighborhood. 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 a Variance to exceed the 20 percent maximum building lot coverage allowed in an Rl (Single Family Residential) zoning district for a house with attached garage at 930 Wildrose Court; subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a god faith attempt to complete or utilize the use permitted in the variance. Eagan City Council Meeting Minutes July 15, 2003 Page 3 2. No additional accessory structures shall be permitted. 3. The total building coverage for the subject lot shall not exceed 23.65 percent. 4. The structure is subject to all other R-l, Single Family Residential zoning standards. VARIANCE - SARA WAGNER City Administrator Hedges introduced this item regarding a request for a variance to exceed the 20 percent maximum building lot coverage at 692 Oxford Road. Senior Planner Ridley gave a staff report. The applicant discussed the variance request. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Variance to exceed the 20 percent maximum building lot coverage allowed in an R-1 (Single Family Residential) zoning district for a tree season porch addition at 692 Oxford Road; subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The subject property shall not exceed 21 percent building coverage. 3. No additional accessory structures shall be allowed. 4. the building materials shall match the principal structure. VACATION OF PUBLIC RIGHT OF WAY - ALDER LANE City Administrator Hedges discussed a request from the owner at 3830 Alder Lane for the vacation of public right-of-way on the portion of Alder Lane adjacent to Lot 9, Block 1, Langhoven Addition. On June 3, the Council received the petition and set a public hearing for July 1 to consider vacating said right-of-way. At the July 1 public hearing, Council continued consideration to the July 15th meeting. Public Works Director Colbert provided an overview of the proposed vacation. Mayor Geagan opened the public hearing. Doris Dahline, owner of3830 Alder Lane, discussed her desire to create a more private driveway access to her parcel. Public Works Director Colbert explained that a more private access to Ms. Dahline's parcel could be accomplished as part of the adjacent Keystone development without having to formally vacate the current public right of way. Councilmembers agreed that the item be continued to allow time for the applicant to review the proposal by Keystone. Councilmember Carlson moved, Councilmember Tilley seconded a motion to continue consideration of the right of way vacation request until the August 4,2003 City Council meeting. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes July 15,2003 Page 4 RIGHT OF WAY VACATION - YANKEE DRIVE City Administrator Hedges introduced this item regarding the vacation of public right-of-way known as Yankee Drive between Yankee Doodle Road and Trunk Highway 13. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. A representative of Blue Cross Blue Shield discussed the purpose of the vacation request which is to allow the redesign of Yankee Drive as a private street with more parking lot and pedestrian connection between the Blue Cross properties. 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 the vacation of public right-of way known as Yankee Drive between Yankee Doodle Road and Trunk Highway 13 retaining all existing drainage and utility easement rights and authorize the Mayor and City Clerk to execute all related documents. After discussion, Councilmembers agreed that more information was needed regarding traffic counts in the area. Councilmember Maguire withdrew the motion. Councilmember Carlson moved, Councilmember Tilley seconded a motion to continue to Sept. 2, 2003 consideration of the vacation of public right-of-way known as Yankee Drive between Yankee Doodle Road and Trunk Highway 13 pending a traffic study to be funded by the applicant and the notification of area property owners. Aye: 5 Nay: 0 EASEMENT VACATION - HAWTHORNE WOODS 3RD ADDITION City Administrator Hedges introduced this item regarding a petition to vacate a public easement within Lot 1, Block 1 Hawthorne Woods 3rd 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. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the vacation of public easement within Lot 1, Block 1 Hawthorne Woods 3rd Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 PROJECT 801, SILVER BELL ROAD - FINAL ASSESSMENT City Administrator Hedges stated the necessary renotification for this hearing did not meet the publication requirements for a public hearing and suggested it be rescheduled. Councilmember Maguire moved, Councilmember Tilley seconded a motion to reschedule the Final Assessment Hearing for Project 801, Silver Bell Road for Parcel 10-22450-020-01 to August 4,2003. Aye: 5 Nay: o Eagan City Council Meeting Minutes July 15, 2003 Page 5 OLD BUSINESS FINDINGS OF FACT, CONCLUSIONS & RESOLUTIONS OF DENIAL CONDITIONAL USE PERMIT - COEN DEVELOPMENT GROUP, LLC. City Administrator Hedges discussed this item regarding Findings of Fact, Conclusions & Resolutions of Denial for a conditional use permit for a pylon sign for Lot 6, Block 1, Diffley Plaza. He stated the applicant has redesigned the signage and would like to resubmit plans. Jim Coen, applicant, reviewed the new design for the proposed pylon sign. Councilmembers were in agreement that the newly designed plyon sign would be acceptable. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit for a Pylon Sign (with plans and specifications as presented to Council) for Lot 6, Block 1, Diffley Plaza subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. All signage shall comply with the City Sign Ordinance. STAFFORD PLACE - PARKING PERMIT ORDINANCE City Administrator Hedges discussed this item regarding an amendment to the Eagan City Code Chapter 9 regarding permit parking. Residents of V entnor Avenue discussed their concerns over parking restrictions in front of their homes and requested that the proposed new restrictions be removed on Ventnor from New York Ave. to States Ave.. Councilmembers and staff discussed with the residents safety concerns and the parking permit process. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve an amendment to Eagan City Code Chapter Nine by adding Section 9.17, and adopt a resolution defining the Permit Parking Zone related designation of parking restrictions as presented. Aye: 5 Nay: 0 ORDINANCE AMENDMENT - 2:00 A.M. CLOSING FOR ON-SALE LIQUOR ESTABLISHMENTS City Administrator Hedges discussed this item regarding newly enacted legislation which allow intoxicating liquor and 3.2% malt liquor on-sale establishments to stay open until 2:00 a.rn. The current City Code states a 1 :00 a.m. closing time and would need to be amended in order for local establishments to take advantage of the new legislation. John Merser, representing Old Chicago Restaurant, voiced support for the adoption of the ordinance. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve adoption of an ordinance amending Eagan City Code Chapter 5 to allow on-sale liquor establishments to close at 2:00 a.rn. with directive to staff to prepare an amendment to the fee schedule. Aye: 5 Nay: 0 NEW BUSINESS COMPREHENSIVE LAND USE AMENDMENT - DUKE CONSTRUCTION LP City Administrator Hedges introduced this item regarding a request for a Comprehensive Guide Plan Amendment to change the land use designation within Special Area 4, from O/S, Office Service to RC, Retail Commercial on 3.5 acres located at 1515 Central Parkway. Senior Planner Ridley gave a staff report. Eagan City Council Meeting Minutes July 15, 2003 Page 6 Bob Smith, Duke Realty, discussed proposed plans for the area. Donna Miller expressed her opposition to the proposed plan due to an interest of Northwest Airlines. Councilmembers agreed the proposed use would not be an appropriate use of the property. Based on this discussion, Mr. Smith withdrew his application for the Comprehensive Land Use Amendment. APPOINTMENT OF CITY CLERK AS HEARING OFFICER Mayor Geagan moved, Councilmember Fields seconded a motion to appoint the City Clerk as a hearing officer with respect to the actions and responsibilities of an appointed commission member. Aye: 5 Nay: 0 COMMUNITY CENTER UPDATE City Administrator Hedges gave a brief update on Community Center activities. ADMINISTRATIVE AGENDA Project 893, Diffley Frontage Road (Street Improvements) Public Works Director Colbert discussed the current poor condition of the frontage roads relative to the remainder of the streets in Cedar Grove No.1 and 2 and recommended that an earlier time frame for improvements be considered. Councilmember Tilley moved, Councilmember Fields seconded a motion to authorize the preparation of a feasibility report by the City Engineer for Project 893 (Diffley Frontage Roads - Street Improvements). Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Maguire seconded a motion to adjourn the meeting at 9: 15 p.rn. CJtdit I~ J.()()J ~V~~tr 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. MINUTES OF A SPECIAL CITY COUNCIL RETREAT JULY 2, 2003 7 P.M. MOONSHINE PARK RETREAT CENTER A Special City Council retreat was held on Wednesday, July 2,2003 at 7:00 p.m. at Moonshine Park Retreat Center for the purpose of discussing the City's Council's operating procedures. Those present at the meeting were: Mayor Geagan, and Councilmembers Carlson, Fields, Tilley, and Maguire. ROLL CALL AND AGENDA ADOPTION Motion carried to approve the agenda as presented. CITY COUNCIL OPERATING PROCEDURES The City Council discussed and evaluated the current operating procedures of the Council. The Council also discussed their expectations for the Council's operations for the remainder of the year. OTHER BUSINESS There was no other business to be discussed. ADJOURNMENT The meeting adjourned at 10:45 P.M. City Clerk Date If you need these minutes in an alternative form such as large print, Braille, audio tapes, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, 651-675-5001, (TDD phone: 651-675-8535). 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. MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 1,2003 A Listening Session was held at 6:00 in the Community Room prior to the regular City Council meeting. There were no citizens who wish to speak. A regular meeting of the Eagan City Council was held on Tuesday, July 1, 2003 at 6:30 p.rn. at the Eagan Municipal Center. Present were Mayor Geagan and Councilmembers Carlson, Fields, Tilley and Maguire. Also present were City Adrninistrator Tom Hedges, Senior Planner Mike Ridley, Public Works Director Torn Colbert, City Attorney Mike Dougherty and Adrninistrative Secretary/Deputy Clerk Mira McGarvey. AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Representatives of Clean Air for Eagan (CAFE) and Tobacco Free Youth Recreation (TFYR) presented a certificate to the City Council recognizing their efforts to promote tobacco free youth athletic events. CONSENT AGENDA Councilmember Maguire 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 June 16, 2003 regular City Council meeting, the June 17,2003 Listening Session, the June 24, 2003 Special City Council meeting, the June 24, 2003 3 :30 Special City Council meeting and the June 10, 2003 Special City Council meeting as presented. B. Personnel Iterns. C. Check Registers. It was recommended to ratify the check registers dated June 19,2003 and June 26, 2003 as presented. D. Tree Maintenance Contractor. It was recommended to approve a Tree Maintenance Contractor License for Tree Techs, 13849 Euclid Court, Apple Valley, MN E. Change Order. It was recommended to approve change order number 13 to the Eagan Community Center in the total amount of $26,928.00. F. Final Plat. It was recommended to approve a Final Plat (Rivers Edge) consisting of one outlot 03-41 for property located adjacent to the Burnsville border, west of Highway 13 and south of Highway 77, in the SW ~ of Section 19. G. Proiect 883. It was recommended to receive the Final Assessment Roll for Project 883 (Beecher Drive/Clearview Addition - Street Lighting Irnprovements) and schedule a pubic hearing to be held on August 5,2003. H. Proiect 851. It was recommended to approve Easement Agreements for Project 851 (Town Centre Area - Street & Access Management Improvements) with the owners of Parcels No. 10- 77040-010-01 and 10-77040-020-01 and authorize the Mayor and City Clerk to execute all related documents. Eagan City Council Meeting Minutes July 1, 2003 Page 2 I. Emergency Phone Network. It was recommended to direct staff to develop an agreement with Qwest for subscription to the Qwest Emergency Phone Network. J. Revised Ordinance Amendment. It was recommended to approve the revised ordinance amendment to Chapter 5, Sections 5.32 and 5.57 ofthe Eagan City Code regarding temporary on- sale liquor licenses. K. Residential Trash Hauler License. It was recommended to approve a residential trash hauler license and construction/demo hauler license for Highland Sanitation and Recycling, Inc. upon their purchase of New Earth Services, Inc. L. Market Analysis. It was recommended to approve an Agreement with Maxfield Research to complete a market analysis of the Cedar Grove Redevelopment Area. M. Contract 03-01. It was recommended to approve working hours for construction activities under Contract 03-01 (Town Centre Area Street & Traffic Improvements) beyond the working hours allowed by City Code. PUBLIC HEARINGS PROJECT 771, LEXINGTON AVENUE FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Project 771 (Lexington Avenue - Street Upgrade and Traffic Signal 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 to the Council. Councilmernber Fields moved, Councilmember Tilley seconded a motion to approve the final assessment roll for Project 771, deleting Parcel #10-01-0000-040-75, (Lexington Avenue - Street Upgrade and Traffic Signal Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 ALDER LANE (LANGHOVEN ADDITION RIGHT OF WAY VACATION) City Administrator Hedges introduced this item regarding the vacation of public street right-of- way adjacent to Lot 9, Block I Langhoven Addition. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. Doris Dahline, owner of Lot 9, Block I, Langhoven Addition discussed her request for the vacation. It was suggested that this item be continued to allow Ms. Dahline time to submit further information regarding her request. Councilmember Maguire moved, Councilmember Tilley seconded a rnotion to continue consideration the vacation of public street right-of-way adjacent to Lot 9, Block I Langhoven Addition until the July 15,2003 meeting. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes July 1, 2003 Page 3 OLD BUSINESS PLANNED DEVELOPMENT AMENDMENT - CORNERSTONE SELF-STORAGE City Administrator Hedges introduced this item regarding a Planned Development amendment to allow outdoor storage of rental vehicles on property located at 3495 Denmark A venue. Senior Planner Ridley gave a staff report. Sheldon Badzin, Cornerstone, and a representative of Budget Truck Rental discussed the proposed outdoor storage of rental vehicles. Councilmembers discussed the proposed outdoor storage and agreed it was not a proper use of the property. Councilmember Tilley moved, Councilmember Carlson seconded a motion to deny a Planned Development Amendment to allow outdoor storage of rental vehicles on property located at 3495 Denmark Avenue in the NW '14 of Section 15, with direction for findings of fact to be on the July 15, 2003 Council agenda. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING AND PRELIMINARY SUBDIVISION (MARCELLA WOODS) - BRIAN OLSON City Administrator Hedges introduced this item regarding a Cornprehensive Guide Plan Amendment to establish a Low Density residential land use guide plan designation upon 6.4 acres of land located at 4880 Pilot Knob Road, a Rezoning from Agriculture to Residential Single Family district for 15 single family lots and one outlot located at 4880 Pilot Knob Road, and a Preliminary Subdivision (Marcella Woods) to create 15 single family lots and one outlot located at 4880 Pilot Knob Road. This item had previously been reviewed at the June 17,2003 City Council meeting and continued to allow the developer time to alter plans to accommodate possible problems with the adjacent soccer fields. Senior Planner Ridley gave an updated staff report. He indicated that action should not be taken on the Rezoning and Preliminary Subdivision until the Metropolitan Council has responded to the proposed Cornprehensive Guide Plan Amendment. Brian Olson, developer, and Councilmembers discussed revised plans to the proposed subdivision. Councilmember Maguire moved, Councilmember Tilley seconded a motion to direct that a Comprehensive Guide Plan Amendment to establish a LD, Low Density residential land use guide plan designation upon 6.4 acres of land located at 4880 Pilot Knob Road in the SW Y4 of Section 34, be submitted to the Metropolitan Council for review and approval. Aye: 5 Nay: 0 ORDINANCE AMENDMENT - CITY OF EAGAN City Administrator Hedges introduced this item regarding an ordinance amendrnent amending City Code Chapter 11 regarding Currency Exchange Operations as Conditional Uses. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve an ordinance amendment amending City Code Chapter 11 entitled "Land Use Regulations (Zoning)" by Eagan City Council Meeting Minutes July 1, 2003 Page 4 amending Section 11.30 regarding definitions and Section 11.60 13 (C) adding Currency Exchange Operations as Conditional Uses; and by adopting by reference Eagan City Code Chapter 1. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve an ordinance amendment amending City Code Chapter Six by adding Section 6.52 regarding regulation of currency exchange businesses; and by adopting by reference Eagan City Code Chapter 1 and Section 6.99. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT - THE NOODLE SHOP COMPANY City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow on- site liquor sales at 1340 Town Centre Drive. Senior Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow on-site liquor sales on Lot 1, Block 1, Town Centre 70 Seventeenth Addition, located at 1340 Town Centre Drive; subject to the following conditions: Aye: 5 Nay: 0 I. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording provided to the City. 2. The sale of liquor shall take place only during the hours provided in the City Code. 3. The consumption and sales of liquor shall be limited to only the restaurant property. 4. A City liquor license shall be obtained. 5. All applicable City Code requirements shall apply. WINE, SUNDAY WINE AND BEER LICENSE NOODLE SHOP, CO. - COLORADO, INC. DBA NOODLES & COMPANY City Administrator Hedges discussed this item regarding a wine, Sunday wine and beer license for the Noodle Shop, Co. located at 1340 Town Centre Drive. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a wine, Sunday wine and beer license for The Noodle Shop, Co. - Colorado, Inc. dba Noodles & Company located at 1340 Town Centre Drive. Aye: 5 Nay: 0 REZONING (OUTLOT A, FOUR PAWS) CITY OF EAGAN City Administrator Hedges introduced this item regarding a Rezoning from 1-1, Limited Industrial to R-l Single Family Residential for Outlot A, Four Paws Addition of approximately 1.7 acres ofland located adjacent to the Bumsville border, west of Highway 13 and south of Highway 77. Senior Planner Ridley gave a staff report. Councilmember Maguire moved, Councilrnember Fields seconded a motion to approve a Rezoning from I-I, Limited Industrial to R-l, Single Family Residential for Outlot A, Four Paws Addition of approximately 1.7 acres ofland located adjacent to the Bumsville border, west of Highway 13 and south of Highway 77 (Cedar Avenue), in the SW 1;4 of Section 19. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes July 1, 2003 Page 5 CONDITIONAL USE PERMIT AND VARIANCES KEYSTONE COMMUNITIES City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to construct a four-story, 129 unit senior independent and assisted living apartment building on approximately 2.3 acres located at the southeast comer of Silver Bell Road and Cedar Grove Parkway, a Variance to the minimum parking requirements, and a Variance to the maximum 10-foot building setback from a public right of way. Senior Planner Ridley gave a staff report. Gary Fisher, Tushie Montgomery Architects, discussed the proposed landscaping plan and exterior building color and material scheme. Doris Dahline, 3830 Alder Lane discussed the potential traffic hazard of the layout of the proposed building and driveway/parking lot. She also discussed the need for more parking spaces. Staff and the applicant addressed concerns raised by Ms. Dahline. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to construct a four story, 129 unit senior independent and assisted living apartment building on approxirnately 2.3 acres located at the southeast comer of Silver Bell Road and Cedar Grove Parkway in the NW ~ of Section 20, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 90 days of approval by the City Council. 2. The property shall be platted prior to issuance of a building permit. 3. The landscape plan shall be revised to include plant materials providing a 1 Y2 to 3 12 foot screen between the surface parking and Alder Lane. 4. A photometric plan demonstrating compliance with the minimum lighting standards in the DGD district (average of 2 footcandles and a minimum of Y2 footcandle in all locations ) shall be provided for the interior parking at the time of building permit application. 5. The developer shall provide the colors for the exterior materials to the City to be incorporated into the final plans for the conditional use permit. 6. All mechanical equipment shall be completely screened from the ground-level view of adjacent properties and public streets, or designed to be compatible with the architectural treatment of the principal building. 7. Consistent interior window treatments are required for windows that are visible from a public street or open space. 8. Alder Lane must be improved to City standards. Ifthe developer elects to petition the City to construct the Alder Lane improvement as a public project, the project shall be approved by the City Council prior to final plat approval for this development. 9. Compliance with the Tree Preservation Ordinance will be determined by the City Forester and must be demonstrated prior to issuance of a building permit. 10. Architectural designs and construction methods for new construction within the development shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a noise level of 65 DNL. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve a Variance to the minimum parking requirements allowing less than one stall per unit. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes July 1, 2003 Page 6 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Variance to the maximum 10 foot building setback from a public right-of-way. Aye: 5 Nay: 0 FOUR CONDITIONAL USE PERMITS - COEN DEVELOPMENT GROUP LLC City Administrator Hedges introduced this item regarding four Conditional Use Permits to allow a convenience store, gasoline sales, a carwash and a pylon sign on Lot 6, Block 1, Diffley Plaza. Senior Planner Ridley gave a staff report. Jim Coen, Developer discussed the lighting and landscaping of the proposed project. Collen Wagner, adjacent property owner, asked for clarification regarding the landscaping plan, trash and recycling containers, and hours of operation. Senior Planner Ridley addressed Ms. Wagner's questions. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve a Conditional Use Permit to allow a convenience store on Lot 6, Block 1, Diffley Plaza; subject to the following conditions. Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. No goods offered for sale shall be stored, sold or displayed outside a building. 3. The 30% green space requirements hall be met. 4. Cash park and trails dedication are due prior to issuance of a building permit. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow gasoline sales on Lot 6, Block 1, Diffley Plaza subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. Canopy lighting shall be reduced as stated in the staff report. 3. Staff approves the name brand canopy lighting. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow a carwash on Lot 6, Block 1, Diffley Plaza subject to the following conditions: Aye: 4 Nay: 1 (Mayor Geagan opposed) 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. Entry and exit doors shall be closed during wash/dry cycles. 3. Lighting shall have no direct source visible from the public right-of-way or adjacent land. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow a pylon sign on Lot 6, Block 1, Diffley Plaza. Aye: 2 Nay: 3 (Carlson, Tilley and Fields opposed). Councilrnernber Carlson moved, Councilrnernber Fields seconded a rnotion to direct findings of fact for denial of a conditional use permit for a pylon sign on Lot 6, Block 1, Diffley Plaza. Aye: 3 Nay: 2 (Geagan and Maguire opposed) Eagan City Council Meeting Minutes July 1, 2003 Page 7 REZONING (4640 & 4660 NICOLS ROAD) DOUGLAS BAUER, DDS City Administrator Hedges introduced this item regarding a request for rezoning of approximately two acres from T, Transitional to LB, Limited Business, located at 4640 and 4660 Nicols Road. Senior Planner Ridley gave a staff report. Discussion was held regarding the actual need for the required parking. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Rezoning of approximately two acres from T, Transitional to LB, Limited Business, located at 4640 and 4660 Nicols Road in the NE 14 of Section 31. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT - ANDERSON BUILDERS City Administrator Hedges introduced this item regarding a Planned Development Amendment and Final Planned Development for an in-line retail center with a drive-through facility for Lot 2, Block 1, Oakview Center, located at 3025 Holiday Lane, in the NW 14 of Section 12. Greg Anderson, Anderson Builders and Dan Klasen, Clean 'N' Press Stores, discussed the proposed dry cleaning facility and operations. Councilmembers agreed the proposed dry cleaning facility was not an appropriate use for the area. Councilmember Maguire moved, Councilmember Tilley seconded a motion to direct findings of fact for denial of a Planned Development Amendment and Final Planned Development for an in-line retail center with a drive-through facility for Lot 2, Block 1, Oakview Center, located at 3025 Holiday Lane, in the NW 14 of Section 12. Aye: 5 Nay: 0 CONSIDERATION OF PENALTIES FOR ALCOHOL SALES VIOLATIONS AT SIL VER BELL LIQUOR, 1983 SILVER BELL ROAD City Administrator Hedges discussed violations made by Silver Bell Liquor since January 31, 2001. City Attorney Dougherty discussed the Minnesota state liquor regulations, outlining various options for Council consideration. Rebecca Adams, attorney representing the owners of Silver Bell Liquor, stated her client intends to sell the business. She asked that suspension of the liquor license be stayed pending the sale and closing ofthe business. Mayor Geagan and Councilmembers agreed that the violations made by Silver Bell Liquor warranted immediate suspension of their liquor license regardless of the impending sale. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Resolution to revoke the liquor license for Silver Bell Liquor, 1983 Silver Bell Road, effective immediately. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes July 1, 2003 Page 8 COMMUNITY CENTER UPDATE City Administrator Hedges provided an update on activities planned for July 4th at the Community Center. ADMINISTRATIVE AGENDA Staff was directed by Mayor and Council to send letter to all liquor license holders regarding a meeting to be held with staff to discuss 2:00 p.m. bar closing. Motion was made by Tilley, seconded by Fields to change the regular City Council meeting of August 5, 2003 to August 4,2003 (which will include a public hearing for final assessments for Project 883, Beecher Drive /Clearview Addition) in recognition of National Night Out which will be held on August 5, 2003. Aye: 5 Nay: 0 City Administrator Hedges discussed a Health Care Savings Plan that has been researched by a committee of City employees. Council directed staff to proceed with offering a health care savings opportunity for all City employees. Councilmember Carlson moved to reconsider a motion made regarding findings of fact for denial of a planned development amendment for Cornerstone Self-Storage to be considered at the July 15, 2003 Council meeting. Aye: 5 Nay: 0 City Attorney Dougherty read Findings of Fact for the proposed planned development amendment for Cornerstone Self-Storage. Councilmember Carlson moved, Councilmember Tilley seconded a motion to adopt Findings of Fact for denial of a Planned Development Amendment to allow outdoor storage of 03-42 rental vehicles on property located at 3495 Denmark Avenue in the NW Vi of Section 15. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Maguire seconded a motion to adjourn the meeting at 10:00 p.m. 1JJM~ TYlf!~f{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). Eagan City Council Meeting Minutes July 1, 2003 Page 9 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, rnarital status or status with regard to public assistance. MINUTES OF A SPECIAL CITY COUNCIL MEETING TUESDAY, JUNE 24, 2003 3:30 P.M. COMMUNITY ROOM EAGAN CITY HALL ROLL CALL AND AGENDA Members present: Mayor Geagan, Councilmember Carlson, Fields, Tilley and Maguire. Staff members present: City Administrator Hedges and Assistant City Administrator Duffy. DIRECTOR OF COMMUNITY DEVELOPMENT POSITION INTERVIEWS The City Council held interviews for the three finalist candidates for the position of Director of Community Development: Jon Hohenstein, Dennis Welsch and Scott Clark. ADJOURNMENT The meeting adjourned at 5:00 p.m. MINUTES OF A SPECIAL CITY COUNCIL MEETING TUESDAY, JUNE 24, 2003 5:30 P.M. EAGAN CITY HALL COMMUNITY ROOM ROLL CALL AND AGENDA ADOPTION Councilmembers present: Mayor Geagan, Councilmember Carlson, Fields, Maguire and Tilley. Staff members present: City Administrator Hedges, Assistant to the City Administrator Lord, Chief Financial Office Pepper, Director of Administrative Services VanOverbeke, Senior Planner Ridley, Police Captain McDonald, Police Chief Therkelsen, Parks and Recreation Director Vraa, Communications Director Garrison, Fire Chief Jensen, City Engineer Matthys and City Attorney Dougherty. Mayor Geagan opened the meeting and asked City Administrator Hedges for modifications/additions to the agenda. Hedges noted that under Other Business there were two items to be discussed; 1.) review signage stating, "Guns are Not Welcome in these Premises", and 2.) address the action taken by the City Council at the June 17 meeting regarding the temporary liquor license provision per the request of the Eagan's Lions Club. Councilmember Fields moved; Councilmemer Maguire seconded a motion to adopt the agenda as presented. Aye: 4 Nay: 0 (Councilmember Tilley not yet present.) VISITORS TO BE HEARD Jim Cooper of Eagan Auto and Tire addressed the City Council to inform them that he has presented staff with the first two phases of an environmental assessment as well as an appraisal for the acquisition of his property in the Cedar Grove Redevelopment Area, and wants to know if the City is interested in purchasing the property. The City Council briefly discussed Mr. Cooper's request, and City Administrator noted that the Cedar Grove Redevelopment Area is on the agenda for discussion at tonight's meeting. Hedges also noted that should it be the Council's desire, Mr. Cooper's suggestion could be brought to the EDA at a future City Council meeting. FINDINGS OF FACT / COMPREHENSIVE GUIDE PLAN AMENDMENT, 6.29 ACRES, SECTION 10, DELTA DEVELOPMENT City Administrator Hedges introduced the item noting that the City Council received an application from Delta Development for a Comprehensive Guide Plan amendment at the June 17,2003 City Council meeting, at which time the Council directed the City Attorney to prepare Findings of Fact for denial. Due to timing issues associated with the 60-day agency action requirement, the Council directed the City Attorney to prepare the Findings of Fact to be acted upon at the June 24th Council work seSSIOn. Special City Council Meeting Minutes June 24, 2003 Page 2 Councilmember Fields moved; Councilmember Maguire seconded a motion to adopt the Findings of Fact and to deny a Comprehensive Guide Plan amendment to change the land use designation of 6.29 acres from OS (office/service) to MD - medium density to allow for development consisting of 42 townhome units and six building located on the east side of Pilot Knob Road and south of Northwood Parkway in the SW Y4 of Section 10. Aye: 4 Nay: 0 (Councilmember Tilley not yet present.) CEDAR GROVE REDEVELOPMENT LAND ACQUISITION COST STUDY Councilmember Tilley arrived at 5 :45 p.m. City Administrator Hedges introduced the item noting that at the May 13, 2003 Special City Council meeting the Council directed staff to enter into a study to: 1.) determine a sale price for a developer's acquisition (assembly and demolition); 2.) timeline; and 3.) financial realities for the proposal by Bakken Properties of Minnesota, LLC. Director of Administrative Services VanOverbeke provided a summary of the study to the City Council, which included the assembly of costs incurred to-date resulting from the acquisition of 13 properties in the Cedar Grove Redevelopment Area. VanOverbeke also summarized cost projections to acquire other parcels in the TIF District. Jim Prosser, financial consultant to the City from Ehlers and Associates, presented a summary of a memorandum to the City Council, which stated that the study conducted by City staff is consistent with Ehlers and Associates redevelopment projections for Cedar Grove. The City Council discussed the study and cost to acquire properties. Mayor Geagan inquired whether a market analysis has been done to know what uses will support themselves in Cedar Grove. Prosser responded that a market analysis was done in 1998; however, the market has changed considerably since that time. The City Council discussed the possibility of conducting a market analysis and whether or not to focus on specific areas within the Cedar Grove Redevelopment Area, primarily the central area. Prosser noted that it would be helpful to receive a market analysis update from Maxfield Research regarding the outlook for the Cedar Grove Area, which would cost approximately $9,000. Prosser stated that it is customary for developers to pay for a more detailed market analysis. Councilmember Tilley moved; Councilmember Fields seconded a motion to direct a market analysis update from Maxfield Research to be ratified at the July 1 City Council meeting on the Consent Agenda. Aye 5 Nay: 0 REVIEW GENERAL FUND OPERATING BUDGET INFORMATION City Administrator Hedges introduced the item noting that the Council had discussed the process for the 2004 budget preparations at their May 21, 2003 Special City Council workshop. Included in those discussions were questions about reform, revenue projections, use of reserves and philosophies on budget reductions. Hedges informed the Council that due to the comprehensive process required for budget preparations, a detailed budget would not be available until early August for Council review, at which time the City Administrator will have had the opportunity to meet with each of the Department Directors about the budgets being presented. Hedges noted to the City Council that included in their packet were charts showing that the City of Eagan has the lowest per capita expenditures in cities of 50,000 or more in the state of Minnesota, as well as the lowest personnel per 10,000 population. Special City Council Meeting Minutes June 24, 2003 Page 3 Director of Administrative Services provided a summary of the narrative presented to the City Council. Included in his presentation was a summary that Local Government Aid (LGA) and the Homestead Market Value Credit (HMVC) will no longer be available in 2004 due to reductions by the state; however, the City is able to levy back 60 percent of the 2004 loss. The City Council discussed the public policy questions presented to them in their packets. The City Council requested the following information and/or responses as part of the budget preparation process: I.) If the City levied to the max, what would it cost the average homeowner? 2.) Research user fees in order to determine what increases could be made (i.e., building permits, plan check fees, Parks and Recreation program revenues, and licenses). 3.) Research the effects of using the fund balance to make up , 04 losses. 4.) Provide an income to expense ratio for the City Council (include the Community Center's "over budget"). 5.) Provide information as to what would occur if the City used the contingency to make up '04 losses and/or to be used at the Community Center. 6.) Administrative transfers - what transfers are being proposed? 7.) Provide revenue options for the City Council's information (i.e., antennae lease, not using contingency, reallocating levy, etc.). The City Council discussed expenditure and revenue projections as presented to the City Council. Upon further discussion, there was City Council consensus for each Councilmember to e-mail City Administrator Hedges with their comments on the proposed General Fund Operating Budget information, as well as to provide responses to the public policy questions raised on page 26 of the Council packet. The Council directed that all e-mails should be sent to City Administrator Hedges by Monday, June 30. JOINT ADVISORY PARKS AND RECREATION COMMISSION Presentation of Holz Park Master Plan: The Mayor welcomed the APrC and thanked them for joining the Council for the joint meeting. City Administrator Hedges introduced the first item, noting that in late October of 2003 the Council directed the City to begin the master planning process for Holz Farm Park. In December, Council approved Brower and Associates as the firm to conduct the study. Since that time, the consultants met several times with members of Friends of the Farm, the group of volunteers who conduct stewardship of Holz Farm, and have had two meetings with the neighboring property owners in the vicinity of Holz Farm Park. Parks and Recreation Director Vraa introduced the consultants from Brower and Associates, who gave a presentation on the proposed Holz Farm Master Plan. The City Council discussed the plan as presented. The consultant noted that an approximate cost of $400,000 to $500,000. Parks and Recreation Director Vraa noted that the purpose of tonight was to expose the City Council to the initial plan before proceeding onto an adoption stage. The City Council discussed the plan and, in particular, parking needs, historic preservation, trail system, and projected time line for completion. Special City Council Meeting Minutes June 24, 2003 Page 4 Councilmember Carlson noted that the City should explore the acquisition of conservation easements for the 20 foot setback along the Holz Farm property line. The City Council inquired with the consultants about the priorities of the neighbors. The consultants noted that upon meeting with the neighbors, the neighbors' priorities included completing the trail system and expanding the play space. Mayor Geagan stated to the Council and APrC that this may be a slow process given the budget environment in which the City is in. Councilmember Carlson noted the importance of preparing access points before land is developed. Councilmember Maguire stated his hope that the neighborhood park improvements remains on the same improvement schedule with other Eagan parks. Members of the City Council also expressed their hope that the historic nature of the park remained a priority. The City Council and members of the APrC discussed designating Holz Farm Park as a state historic site. The City Council directed the APrC to acquire more information about the historic preservation process of the State of Minnesota. Caponi Art Park Collaboration Review: City Administrator Hedges introduced the item, noting that in April of 2003 the City Council met with Tony Caponi regarding a proposed collaboration between the City, the Art Park Trustees (and later, possibly, the Board) and Macalester College. At that time, the City Council directed the APrC to investigate several aspects of the collaboration as proposed by Caponi, including public purpose, governance, operations and organization, and funding. APrC Chair Terry Davis and APrC member Dorothy Peterson provided a summary of the APrC's Caponi Art Park proposal. Included in the report was a summary of the advantages of having a public park, the governance structure, operations and maintenance, and funding suggestions. The City Council and APrC discussed the report. Mayor Geagan noted that, as with all items, competition for funds exists. The City Council discussed the possibility of a referendum to pay for the acquisition of Caponi Art Park as well as other green space initiatives. Cheryl Caponi was present at the meeting and noted her hopes that collaboration could be reached with the City. City Administrator Hedges informed the Council that the City must give at least 49 days notice before an election regarding the ballot question to be asked through the referendum process. Cheryl Caponi addressed the City Council with her hope that a Caponi Board of Directors could be in place and encouraged the City's involvement on the Board. Three Eagan residents addressed the City Council regarding Caponi Art Park. The first suggested a referendum in 2004 to acquire property within the Eagan core-greenway. The second citizen recommended the City focus on existing parks and to enhancing Central Park rather than acquiring new property such as Caponi Art Park. The third resident suggested the preservation of Caponi Art Park, Patrick Eagan Park and the McCarthy property. Special City Council Meeting Minutes June 24, 2003 Page 5 Upon further review of the APrC's recommendations, the Council provided the APrC with the following direction: . Explore the option of a referendum, and attach a monetary value to it o Explore possibilities and issues associated with putting it on the '03 ballot o Explore possibilities and issues associated with putting it on the '04 ballot o Explore issues associated with having Caponi on a referendum ballot as a stand alone item o Explore issues associated with having Caponi on a referendum ballot as part of a larger Eagan open space acquisition referendum . In regards to the funding options, brainstorm where the City would find 50 percent of the funding not covered by the Park Site Fund . Provide further detail into funding / Option 2: two-phased approach with no purchase obligation. "Option 2 uses the same techniques as preferred Option 1, except there is no obligation for the City to purchase the property using internal funds as described in preferred Option 1, phase 1. Phase 2 would remain unchanged." . The APrC should prepare to suggest nominees for the Caponi Art Park Board and the timeframe for completion. The City Council voiced their appreciation for the work that the APrC did in preparing the Caponi study. Burr Oaks Trail Study: City Administrator Hedges introduced the item noting that the Council had charged the APrC with undertaking a study regarding possible improvements to the Burr Oaks Park trail system and to report back their findings. Parks Superintendent Olson provided a summary to the Council ofthe proposed Burr Oaks Park improvements. Olson noted that the improvements are scheduled in the 2004 CIP with a place holder of $50,000. The City Council reviewed and discussed the proposed plans and members voiced their opinion that the plans may be a bit extensive for one neighborhood. Councilmember Maguire added that the neighborhood needs a trail connection to 149. The City Council directed the APrC to refine the Burr Oaks trail study for consideration as part of the 2004 CIP process. STAFFORD PLACE ON-STREET PARKING SIGN CRITERIA City Administrator Hedges introduced the item noting that the Council considered parking by permit system at their May 20, 2003 City Council meeting. The City Council was presented with a matrix prepared by the City Attorney's office providing various options for the Council to consider in defining the appropriate policy to be used as the basis for the parking by permit system ordinance. City Administrator Hedges noted that staff needs direction for an ordinance to be prepared for the July 15th City Council meeting in order that signs could be ordered and installed before the 2003/2004 school year. Special City Council Meeting Minutes June 24, 2003 Page 6 The City Council gave the following direction regarding permit parking regulations: 1.) Permit issued to the property address only 2.) 3 permits to be issued to each address 3.) No age specification 4.) No visitor permits 5.) Service/contractors to be exempted from parking restrictions 6.) Permits will be transferable with restrictions; need to identify 7.) Permit duration will be as long as it is held by the resident 8.) No Permit fee charged 9.) No duplicate permit fee charged 10.) No additional parking restrictions 11.) No additional permit parking requirements 12.) Permit must be displayed BUILDING SECURITY SYSTEM UPDATE City Administrator Hedges introduced the item noting that per Council direction, over the past 2 plus years staff and more recently staff and a security consultant, have been working on available options to provide additional building security at certain City facilities. Hedges summarized the estimated costs based on the specifications provided by the security consultant. The City Council discussed the security measures and noted that given the economic climate that the City is in, the security improvements would not be in order at this time. The Council encouraged staff to continue to establish a culture of everyone wearing identification badges. Director of Administrative Services informed the Council that the Police security system is aging and will need to be looked at in the future for replacement, which the City Council acknowledged. OTHER BUSINESS Conceal and Carry Gun Sienaee: City Administrator Hedges presented draft samples of the signage to restrict weapons on City property. The signs state "guns are not welcome in these premises". There was City Council consensus to order the signs as presented. The City Council directed that the signs will be hung at all City buildings, not including parks or park shelters. Temporary Liquor License and Temporary On-Sale Liquor License Ordinance Amendment: The City Council discussed the ordinance amendment that the Council approved at the June 17 meeting. The Council directed that in Chapter 5, Section 5.60, Number 10 be amended to delete the reference to no alcohol consumption within 12 hours of the event, and rather state that no person selling alcohol shall consume and/or be intoxicated during their work shift. The City Council directed that the change be included on the July 1 Consent Agenda to be formally be corrected. ADJOURNMENT Councilmember Maguire moved; Councilmember Tilley seconded a motion to adjourn the meeting at 10:40 p.m. MINUTES OF A SPECIAL CITY COUNCIL MEETING TUESDAY, JUNE 24, 2003 5:30 P.M. EAGAN CITY HALL COMMUNITY ROOM ROLL CALL AND AGENDA ADOPTION Councilmembers present: Mayor Geagan, Councilmember Carlson, Fields, Maguire and Tilley. Staff members present: City Administrator Hedges, Assistant to the City Administrator Lord, Chief Financial Office Pepper, Director of Administrative Services VanOverbeke, Senior Planner Ridley, Police Captain McDonald, Police Chief Therkelsen, Parks and Recreation Director Vraa, Communications Director Garrison, Fire Chief Jensen, City Engineer Matthys and City Attorney Dougherty. Mayor Geagan opened the meeting and asked City Administrator Hedges for modifications/additions to the agenda. Hedges noted that under Other Business there were two items to be discussed; 1.) review signage stating, "Guns are Not Welcome in these Premises", and 2.) address the action taken by the City Council at the June 17 meeting regarding the temporary liquor license provision per the request of the Eagan's Lions Club. Councilmember Fields moved; Councilmemer Maguire seconded a motion to adopt the agenda as presented. Aye: 4 Nay: 0 (Councilmember Tilley not yet present.) VISITORS TO BE HEARD Jim Cooper of Eagan Auto and Tire addressed the City Council to inform them that he has presented staff with the first two phases of an environmental assessment as well as an appraisal for the acquisition of his property in the Cedar Grove Redevelopment Area, and wants to know if the City is interested in purchasing the property. The City Council briefly discussed Mr. Cooper's request, and City Administrator noted that the Cedar Grove Redevelopment Area is on the agenda for discussion at tonight's meeting. Hedges also noted that should it be the Council's desire, Mr. Cooper's suggestion could be brought to the EDA at a future City Council meeting. FINDINGS OF FACT / COMPREHENSIVE GUIDE PLAN AMENDMENT, 6.29 ACRES, SECTION 10, DELTA DEVELOPMENT City Administrator Hedges introduced the item noting that the City Council received an application from Delta Development for a Comprehensive Guide Plan amendment at the June 17, 2003 City Council meeting, at which time the Council directed the City Attorney to prepare Findings of Fact for denial. D ue tot iming issues associated with the 6 O-day a gency action requirement, the Council directed the City Attorney to prepare the Findings of Fact to be acted upon at the June 24th Council work seSSIOn. Special City Council Meeting Minutes June 24, 2003 Page 2 Councilmember Fields moved; Councilmember Maguire seconded a motion to adopt the Findings of Fact and to deny a Comprehensive Guide Plan amendment to change the land use designation of 6.29 acres from OS (office/service) to MD - medium density to allow for development consisting of 42 townhome units and six building located on the east side of Pilot Knob Road and south of North wood Parkway in the SW 1,4 of Section 10. Aye: 4 Nay: 0 (Councilmember Tilley not yet present.) CEDAR GROVE REDEVELOPMENT LAND ACQUISITION COST STUDY Councilmember Tilley arrived at 5:45 p.m. City Administrator Hedges introduced the item noting that at the May 13, 2003 Special City Council meeting the Council directed s taffto enter into as tudy to: 1 .) determine a sale price for a developer's acquisition (assembly and demolition); 2.) timeline; and 3.) financial realities for the proposal by Bakken Properties of Minnesota, LLC. Director of Administrative Services VanOverbeke provided a summary of the study to the City Council, which included the assembly of costs incurred to-date resulting from the acquisition of 13 properties in the Cedar Grove Redevelopment Area. VanOverbeke also summarized cost projections to acquire other parcels in the TIF District. Jim Prosser, financial consultant to the City from Ehlers and Associates, presented a summary of a memorandum to the City Council, which stated that the study conducted by City staff is consistent with Ehlers and Associates redevelopment projections for Cedar Grove. The City Council discussed the study and cost to acquire properties. Mayor Geagan inquired whether a market analysis has been done to know what uses will support themselves in Cedar Grove. Prosser responded that a market analysis was done in 1998; however, the market has changed considerably since that time. The City Council discussed the possibility of conducting a market analysis and whether or not to focus on specific areas within the Cedar Grove Redevelopment Area, primarily the central area. Prosser noted that it would be helpful to receive a market analysis update from Maxfield Research regarding the outlook for the Cedar Grove Area, which would cost approximately $9,000. Prosser stated that it is customary for developers to pay for a more detailed market analysis. Councilmember Tilley moved; Councilmember Fields seconded a motion to direct a market analysis update from Maxfield Research to be ratified at the July 1 City Council meeting on the Consent Agenda. Aye 5 Nay: 0 REVIEW GENERAL FUND OPERATING BUDGET INFORMATION City Administrator Hedges introduced the item noting that the Council had discussed the process for the 2004 budget preparations at their May 21, 2003 Special City Council workshop. Included in those discussions were questions about reform, revenue projections, use of reserves and philosophies on budget reductions. Hedges informed the Council that due to the comprehensive process required for budget preparations, a detailed budget would not be available until early August for Council review, at which time the City Administrator will have had the opportunity to meet with each of the Department Directors about the budgets being presented. Hedges noted to the City Council that included in their packet were charts showing that the City of Eagan has the lowest per capita expenditures in cities of 50,000 or more in the state of Minnesota, as well as the lowest personnel per 10,000 population. Special City Council Meeting Minutes June 24, 2003 Page 3 Director 0 fA dministrative Services provided a summary 0 f t he narrative presented tot he City Council. Included in his presentation was a summary that Local Government Aid (LGA) and the Homestead Market Value Credit (HMVC) will no longer be available in 2004 due to reductions by the state; however, the City is able to levy back 60 percent of the 2004 loss. The City Council discussed the public policy questions presented to them in their packets. The City Council requested the following information and/or responses as part of the budget preparation process: 1.) Ifthe City levied to the max, what would it cost the average homeowner? 2.) Research user fees in order to determine what increases could be made (i.e., building permits, plan check fees, Parks and Recreation program revenues, and licenses). 3.) Research the effects of using the fund balance to make up '04 losses. 4.) Provide an income to expense ratio for the City Council (include the Community Center's "over budget"). 5.) Provide information as to what would occur if the City used the contingency to make up '04 losses and/or to be used at the Community Center. 6.) Administrative transfers - what transfers are being proposed? 7.) Provide revenue options for the City Council's information (i.e., antennae lease, not using contingency, reallocating levy, etc.). The City Council discussed expenditure and revenue projections as presented to the City Council. Upon further discussion, there was City Council consensus for each Councilmember to e-mail City Administrator Hedges with their comments on the proposed General Fund Operating Budget information, as well as top rovide responses tot he public policy questions raised 0 n page 26 0 f t he Council packet. The Council directed that all e-mails should be sent to City Administrator Hedges by Monday, June 30. JOINT ADVISORY PARKS AND RECREATION COMMISSION Presentation of Holz Park Master Plan: The Mayor welcomed the APrC and thanked them for joining the Council for the joint meeting. City Administrator Hedges introduced the first item, noting that in late October of 2003 the Council directed the City to begin the master planning process for Holz Farm Park. In December, Council approved Brower and Associates as the firm to conduct the study. Since that time, the consultants met several times with members of Friends of the Farm, the group of volunteers who conduct stewardship of Holz Farm, and have had two meetings with the neighboring property owners in the vicinity of Holz Farm Park. Parks and Recreation Director Vraa introduced the consultants from Brower and Associates, who gave a presentation on the proposed Holz Farm Master Plan. The City Council discussed the plan as presented. The consultant noted that an approximate cost of $400,000 to $500,000. Parks and Recreation Director Vraa noted that the purpose of tonight was to expose the City Council to the initial plan before proceeding onto an adoption stage. The City Council discussed the plan and, in particular, parking needs, historic preservation, trail system, and projected time line for completion. Special City Council Meeting Minutes June 24, 2003 Page 4 Councilmember Carlson noted that the City should explore the acquisition of conservation easements for the 20 foot setback along the Holz Farm property line. The City Council inquired with the consultants about the priorities of the neighbors. The consultants noted that upon meeting with the neighbors, the neighbors' priorities included completing the trail system and expanding the play space. Mayor Geagan stated to the Council and APrC that this may be a slow process given the budget environment in which the City is in. Councilmember Carlson noted the importance 0 f preparing access points before I and is developed. C ouncilmember Maguire stated his hope that the neighborhood park improvements remains on the same improvement schedule with other Eagan parks. Members of the City Council also expressed their hope that the historic nature of the park remained a priority. The City Council and members of the APrC discussed designating Holz Farm Park as a state historic site. The City Council directed the APrC to acquire more information about the historic preservation process of the State of Minnesota. Caponi Art Park Collaboration Review: City Administrator Hedges introduced the item, noting that in April of 2003 the City Council met with Tony Caponi regarding a proposed collaboration between the City, the Art Park Trustees (and later, possibly, the Board) and Macalester College. At that time, the City Council directed the APrC to investigate several aspects of the collaboration as proposed by Caponi, including public purpose, governance, operations and organization, and funding. APrC Chair Terry Davis and APrC member Dorothy Peterson provided a summary of the APrC's Caponi Art Park proposal. Included in the report was a summary of the advantages of having a public park, the governance structure, operations and maintenance, and funding suggestions. The City Council and APrC discussed the report. Mayor Geagan noted that, as with all items, competition for funds exists. The City Council discussed the possibility of a referendum to pay for the acquisition of Caponi Art Park as well as other green space initiatives. Cheryl Caponi was present at the meeting and noted her hopes that collaboration could be reached with the City. City Administrator Hedges informed the Council that the City must give at least 49 days notice before an election regarding the ballot question to be asked through the referendum process. Cheryl Caponi addressed the City Council with her hope that a Caponi Board of Directors could be in place and encouraged the City's involvement on the Board. Three Eagan residents addressed the City Council regarding Caponi Art Park. The first suggested a referendum in 2004 to acquire property within the Eagan core-greenway. The second citizen recommended the City focus on existing parks and to enhancing Central Park rather than acquiring new property such as Caponi Art Park. The third resident suggested the preservation of Caponi Art Park, Patrick Eagan Park and the McCarthy property. Special City Council Meeting Minutes June 24, 2003 Page 5 Upon further review of the APrC's recommendations, the Council provided the APrC with the following direction: . Explore the option of a referendum, and attach a monetary value to it o Explore possibilities and issues associated with putting it on the '03 ballot o Explore possibilities and issues associated with putting it on the '04 ballot o Explore issues associated with having Caponi on a referendum ballot as a stand alone item o Explore issues associated with having Caponi on a referendum ballot as part of a larger Eagan open space acquisition referendum . In regards to the funding options, brainstorm where the City would find 50 percent of the funding not covered by the Park Site Fund . Provide further detail into funding / Option 2: two-phased approach with no purchase obligation. "Option 2 uses the same techniques as preferred Option 1, except there is no obligation for the City to purchase the property using internal funds as described in preferred Option 1, phase 1. Phase 2 would remain unchanged." . The APrC should prepare to suggest nominees for the Caponi Art Park Board and the timeframe for completion. The City Council voiced their appreciation for the work that the APrC did in preparing the Caponi study. Burr Oaks Trail Study: City Administrator Hedges introduced the item noting that the Council had charged the APrC with undertaking a study regarding possible improvements to the Burr Oaks Park trail system and to report back their findings. Parks Superintendent Olson provided a summary to the Council of the proposed Burr Oaks Park improvements. Olson noted that the improvements are scheduled in the 2004 CIP with a place holder of $50,000. The City Council reviewed and discussed the proposed plans and members voiced their opinion that the plans may be a bit extensive for one neighborhood. Councilmember Maguire added that the neighborhood needs a trail connection to 149. The City Council directed the APrC to refine the Burr Oaks trail study for consideration as part of the 2004 CIP process. STAFFORD PLACE ON-STREET PARKING SIGN CRITERIA City Administrator Hedges introduced the item noting that the Council considered parking by permit system at their May 20, 2003 City Council meeting. The City Council was presented with a matrix prepared by the City Attorney's office providing various options for the Council to consider in defining the appropriate policy to be used as the basis for the parking by permit system ordinance. City Administrator Hedges noted that staff needs direction for an ordinance to be prepared for the July 15th City Council meeting in order that signs could be ordered and installed before the 2003/2004 school year. Special City Council Meeting Minutes June 24, 2003 Page 6 The City Council gave the following direction regarding permit parking regulations: 1.) Permit issued to the property address only 2.) 3 permits to be issued to each address 3.) No age specification 4.) No visitor permits 5.) Service/contractors to be exempted from parking restrictions 6.) Permits will be transferable with restrictions; need to identify 7.) Permit duration will be as long as it is held by the resident 8.) No Permit fee charged 9.) No duplicate permit fee charged 10.) No additional parking restrictions 11.) No additional permit parking requirements 12.) Permit must be displayed BUILDING SECURITY SYSTEM UPDATE City Administrator Hedges introduced the item noting that per Council direction, over the past 2 plus years staff and more recently staff and a security consultant, have been working on available options to provide additional building security at certain City facilities. Hedges summarized the estimated costs based on the specifications provided by the security consultant. The City Council discussed the security measures and noted that given the economic climate that the City is in, the security improvements would not be in order at this time. The Council encouraged staff to continue to establish a culture of everyone wearing identification badges. Director of Administrative Services informed the Council that the Police security system is aging and will need to be looked at in the future for replacement, which the City Council acknowledged. OTHER BUSINESS Conceal and Carry Gun Si!!na!!e: City Administrator Hedges presented draft samples of the signage to restrict weapons on City property. The signs state "guns are not welcome in these premises". There was City Council consensus to order the signs as presented. The City Council directed that the signs will be hung at all City buildings, not including parks or park shelters. Temporarv Liquor License and Temporarv On-Sale Liquor License Ordinance Amendment: The City Council discussed the ordinance amendment that the Council approved at the June 17 meeting. The Council directed that in Chapter 5, Section 5.60, Number 10 be amended to delete the reference to no alcohol consumption within 12 hours of the event, and rather state that no person selling alcohol shall consume and/or be intoxicated during their work shift. The City Council directed that the change be included on the July 1 Consent Agenda to be formally be corrected. ADJOURNMENT Councilmember Maguire moved; Councilmember Tilley seconded a motion to adjourn the meeting at 10:40 p.m. MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota June 17,2003 A regular meeting of the Eagan City Council was held on Tuesday, June 17,2003 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan and Councilmembers Carlson, Fields, Tilley and Maguire. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary/Deputy Clerk Mira McGarvey. AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS K-9 RECOGNITION Police Chief Kent Therkelsen introduced Officers Bob Wagner and Dan Tocko along with their K-9 partners Cody and Gunnar. He outlined the contributions made to the community by K-9 teams, showing a brief video. He stated that Cody will be retiring from the Police Department. Gunnar is the newest member of the department and was extended a warm welcome. CONSENT AGENDA Mayor Geagan pulled items Wand X. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the balance of the Consent Agenda. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the June 3, 2003 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to accept the resignation of Larry Pierce, utility maintenance worker. 2. It was recommended to accept the resignation of Bob Kriha, utility construction inspector. 3. It was recommended to approve the 2003-2004 collective bargaining agreement with the dispatcher bargaining unit (Law Enforcement Labor Services, Inc.) 4. It was recommended to approve the transfer of the Burnsville/Eagan Cable Coordinator position from the payroll/personnel system of the City of Eagan to the payroll/personnel system of the City of Burns vi lIe. C. Check Registers. It was recommended to ratify the check registers dated June 5, 2003 and June 12,2003 as presented. D. Service Station Permits. It was recommended to approve 2003/2004 Service Station Permits for the following: Oasis Markets #5677, #5685, #518, #594, #576, #590, #357 and Cedarvale Texaco Food Mart. E. Amusement Device License Renewals. It was recommended to approve 2003/2004 Amusement Device License Renewals for D.V.M, Inc. and AWE Vending and Amusements, Inc. Eagan City Council Meeting Minutes June 17,2003 Page 2 F. New Massage Therapy Establishment Business License. It was recommended to approve a new Massage Therapy Establishment Business License for David and Marjorie Ragsdale (dba Keep in Touch of Eagan) to be located at 3424 Denmark Avenue. G. Premise Permit Renewal. It was recommended to adopt a resolution approving a Premise Permit Renewal for Eagan Hockey Association to sell pull tabs at the Cherokee Sirloin Room H. Off-Sale Beer License. It was recommended to approve the Off-Sale Beer license for REF Corporation of Wisconsin, dba Rainbow Foods, 1276 Town Centre Drive. Joint Powers Agreement. It was recommended to approve the Joint Powers Agreement with Dakota County to Fund Jointly with other Cities the Dakota County Wetland Health Evaluation program in 2003. Contract 03-09. It was recommended to receive the bids for Contract 03-09, award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents. K. Contract 03-09. It was recommended to approve a Wetland Conservation Act Permit for Contract 03-09 and authorize the Mayor and Clerk to execute all related documents. 1. Land Purchase Agreement. It was recommended to approve a land acquisition purchase agreement with Blue Cross Blue Shield - Minnesota and authorize the Mayor and City Clerk to execute all related documents. M. Contract 03-01. It was recommended to receive the bids for Contract 03-01 (Town Centre Area - Street & Access Managernent Irnprovernents), award the contract to McNamara Contracting Inc., for the total base bid in the amount of $957,326.94, and authorize the Mayor and City Clerk to execute all related documents. N. Contract 02-17. It was recommended to approve Change Order No.1 to Contract 02-17 (Central Parkway and Cedar Grove Area - Streetscaping and Lighting Improvements) and authorize the Mayor and City Clerk to execute all related documents. O. Federal Funding Application. It was recommended to authorize the firm of Bonestroo, Rosene, Anderlik and Associates to prepare a Federal Funding Solicitation Application for State Trunk Highway (TH) 149 from TH 55 to Wescott Road. P. Contract 02-10. It was recommended to approve Change Order No.3 to Contract 02-10 (Dodd Road - Diffley Road to Wescott Road Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. Q. Proiect 02-1. It was recommended to acknowledge the cornpletion of Contract 02-1 (Olson Burger Addition - Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. R. Lot 1, Block 1, Hawthorne Woods 3rd Addition Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements and schedule a public hearing to be held on July 15,2003. S. Transportation Capital Improvement Plan. It was recommended to approve a resolution requesting inclusion of all County Highway segments included in the approved City of Eagan: year Capital Improvement Plan for 2004-2008 in the Dakota County 2004-2008 Transportation Capital Improvement Plan and authorize the Mayor and City Clerk to execute all related docurnents. T. Traffic Signal Light Replacement. It was recommended to approve payment for replacement of traffic signal lights to Dakota County Highway Department in the arnount of $6,205. U. Findings of Fact. It was recommended to confirm the Findings of Fact, conclusions and Resolution of Denial of the Comprehensive Guide Plan Amendment request of Mark Gergen and Associates to change the land use designation of approximately six acres platted as Lots I and 2, Cedar Ridge 2nd Addition, from OIS, Office Service, to MD Medium Density residential, locate in the northwest ~ of Section 30. I. J. 03-38 03-39 03-40 Eagan City Council Meeting Minutes June 17,2003 Page 3 V. Agreement - COPy Machines. It was recommended to approve an agreement with Savin Corp. to lease new copy machines for City Hall. W. On-Sale Liquor and Sundav License. Pulled X. Rotary Club Donations. Pulled y. Right of Way Vacation. It was recommended to receive the petition to vacate public right of way and schedule a public hearing to be held on July 15,2003. W. On Sale Liquor and Sunday License. Mayor Geagan introduced Al Baker and thanked him for his contribution to the community during the past 23 years. Mr. Baker introduced Daniel Gavin who will be the new owner I operator of Al Baker's Restaurant. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve on-sale Liquor and Sunday License for Daniel Gavin, dba Al Baker's Restaurant, 3434 Washington Drive. Aye: 5 Nay: 0 X. Rotary Club Donations. City Administrator Hedges discussed the "Outstanding Public Safety Award" of the Rotary Club to a member ofthe Eagan Police and Eagan Fire Departments in recognition of outstanding public service. He stated as part of the recognition, the Rotary Club is donating $500 to the Police Department and $500 to the Fire Department. Mayor Geagan thanked the Rotary Club for their generous contribution. Councilmember Fields moved, Councilmember Tilley seconded a motion to accept a donation from the Eagan Rotary. Aye: 5 Nay: 0 PUBLIC HEARINGS PROJECT 801, SLIVER BELL ROAD STREET IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Silver Bell Road street improvements. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, Mayor Geagan closed the public hearing and turned discussion back to Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the final assessment roll for Project 801 (Silver Bell Road - Street Improvements) and authorize its certification to Dakota County for collection excepting Parcel 10-22450-020-01. Aye: 5 Nay: 0 PROJECT 809, BLUE GENTIAN ROAD - STREET IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for the Blue Gentian Road street improvements. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. One resident questioned ifhis property would be part of the assessment roll. Public Works Director Colbert stated the property would not be assessed. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Eagan City Council Meeting Minutes June 17,2003 Page 4 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the final assessment roll for Project 809 (Blue Gentian Road - Street Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 VARIANCE - DELORES COOK-DUBRU City Administrator Hedges introduced this item regarding a request for a five foot front yard setback variance to construct a covered porch on the front of a single family dwelling at 625 Greenleaf Drive North. Senior 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 Carlson moved, Councilmember Maguire seconded a motion to approve a five foot front yard setback variance to construct a covered porch on the front of a single-family dwelling at 625 Greenleaf Drive North, legally described as Lot 11, Block 1, South Oaks, located in the SE 'l4 of Section 25. Aye: 5 Nay: 0 LOT 11, ZEHNDER ACRES - EASEMENT VACATION City Administrator Hedges introduced this item regarding the vacation of public easement within Lot 11, Zehnder Acres. 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 vacation of public easement within Lot 11, Zehnder Acres and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 OLD BUSINESS ST AFFORD PLACE - PERMIT PARKING City Administrator Hedges discussed this item regarding a petition submitted requesting Council to rescind their May 20, 2003 action of expanding the parking by permit only on the mailbox side of V entnor Avenue. Catherine and Dennis Sable of V entor Avenue asked that no additional restrictions be implemented from New York A venue east to States A venue. They explained that the parking restriction will be a major inconvenience for them. Candice Lynch of Vent or Avenue also expressed her objection to the parking restrictions. Councilmembers discussed the request for reconsideration oftheir May 20, 2003 action and agreed that their previous action should stand. Eagan City Council Meeting Minutes June 17,2003 Page 5 ORDINANCE AMENDMENT - CHAPTER 5, SECTIONS 5.32AND 5.57 City Administrator Hedges introduced this item regarding an ordinance amendment to City Code Chapter 5 regarding temporary beer and liquor license regulations. He discussed a proposal made by the CAPE Group (Changing Alcohol Polices at Events). The CAPE group met with Council at a previous special Council work session. The clarity of number 6 under Section 5.60, Subdivision 2 regarding the specific area to be designated for the sale of alcohol was discussed by Council, the City Attorney and staff. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an ordinance amendment to City Code Chapter Five by amending Sections 5.32 and 5.57 and add Section 5.60 regarding temporary beer and liquor license regulations. Aye: 5 Nay: 0 NEW BUSINESS COMPREHENSIVE LAND USE AMENDMENT, REZONING AND PRELIMINARY SUBDIVISION (MARCELLA WOODS) - BRIAN OLSON City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment to establish a low density residential land use guide plan designation on 6.4 acres of land located at 4880 Pilot Knob Road. Senior Planner Ridley gave a staff report. Councilmernber Tilley moved, Councilmember Maguire seconded a motion to direct that a Comprehensive Plan Arnendment to establish a LD, Low Density residential land use guide plan designation upon 6.4 acres of land located t 4880 Pilot Knob Road in the SW Y4 of Section 34, be submitted to the Metropolitan Council for review and approval. No vote. Discussion was held among Councilmembers, staff and Brian Olson, developer, regarding the proposed project being adjacent to park property that is used for soccer fields. This situation could possibly create problems for soccer players and residents regarding the retrieval of stray soccer balls. It was agreed that submission of the Comprehensive Guide Plan Amendment be continued to allow Mr. Olson time to address the possibility of a berm, additional trees for screening and lor a recreation easement for his proposed development. Mr. Olson requested a continuance to the next meeting. Senior Planner Ridley suggested that Mr. Olson contact the Parks and Recreation Department operations staff to discuss the issue.. Councilmember Tilley withdrew her previous motion for submittal of the Comprehensive Plan Amendment to the Metropolitan Council. Councilmember Maguire concurred. Councilmember Tilley moved, Councilmember Fields seconded a motion to continue consideration of a Comprehensive Plan Amendment for land located at 4880 Pilot Knob Road to the July 1,2003 Council meeting. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes June 17,2003 Page 6 PRELIMINARY SUBDIVISION (GREYHA WK 2ND ADDITION) MARK GERGEN AND ASSOCIATES City Administrator Hedges introduced this item regarding a preliminary subdivision and planned development amendment on 8.3 acres located east of Blackhawk Road, north of Diffley Square shopping center, and west of Interstate 35E. Senior Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision and Planned Development Arnendrnent on 8.3 acres located east of Blackhawk Road, north of Diffley Square shopping center, and west of Interstate 35E in the SE 14 of Section 20 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, Bl, B3, B4, Cl, C2, C4, DI, and El. 2. The property shall be platted. 3. A Planned Development Amendment Agreement shall be executed prior to final subdivision approval documenting the change in the site layout and the deviation allowed for the deck setbacks. 4. The developer shall prepare new Association documents that reference the new legal descriptions of the property and apportion ownership of OutIots A, B, and C to the other lots within the development. The Association docurnents shall be submitted to the City Attorney for review and approval prior to final subdivision approval. 5. The developer shall install landscaping in accordance with the landscape plan dated November 25,2003, signed June 11,2003, including 21 six-foot balled and burlapped upright techny arborvitae along the northeast boundary of the development (behind Lots 8-16, Block 4). 6. The developer shall provide grading and a storm drainage system designed to direct storm drainage to the south away from the Lakewood Townhomes property. 7. The developer shall prepare a conservation easement document covering the north 15feet of Lots 8-16, Block 4, prohibiting alteration of that berm area between Greyhawk 2nd Addition and Lakewood Townhomes. PRELIMINARY SUBDIVISION (SODERHAOLM 2ND ADDITION) AND A PLANNED DEVELOPMENT AMENDMENT - MANLEY LAND DEVELOPMENT City Administrator Hedges introduced this item regarding a preliminary subdivision and a planned development amendment at 4155 Lexington Way. Senior Planner Ridley gave a staff report. Kurt Manley of Manley Land Development was present to answer questions. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision to create two commercial lots and a Planned Development Amendment to allow for an office at 4155 Lexington Way, located on Lot 4, Block I, Soderholm Addition; subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval a adopted by Council on February 2,1993: AI, Bl, 2, 3,4, Cl, 2, 4 Dl, El. 2. The property shall be platted. 3. The Planned Development Amendment Agreement must be signed and recorded prior to issuance of a building permit. Eagan City Council Meeting Minutes June 17,2003 Page 7 4. Cross easements providing for vehicle circulation shall be prepared for review and approval by the City Attorney prior to final subdivision approval. 5. A revised Landscape Plan reflecting the suggested changes be submitted with Final Subdivision application. 6. A revised Lighting Plan reflecting the suggested changes shall be submitted with Final Subdivision application. 7. Any rooftop equipment shall be screen from view of all public right-of-way and private streets bordering the property to the south. 8. The trash enclosure shall be attached to the principle building and be constructed of similar materials and of a similar design and color to that of the principle building. 9. All signage shall meet the requirements of the City's Sign Ordinance. 10. Provide a trailway easement in a form acceptable to the City Attorney and construct a sidewalk on the east side of Lexington Way. COMPREHENSIVE GUIDE PLAN AMENDMENT AND PRELIMINARY PLANNED DEVELOPMENT-NORHTWOODPOND DEL T A DEVELOPMENT City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment to change the land use designation within the Special Area from OIS, Office Service to MD, Medium Density on 6.29 acres located east of Pilot Knob Road at Marice Drive, between Sherman Court and Interstate 35E. Senior Planner Ridley gave a staff report, stating that Comprehensive Guide Plan arnendments are subject to review and approval of the Metropolitan Council and formal action on the associated Preliminary Planned Development should be withheld until the Metropolitan Council has approved and the City has implemented the proposed Comprehensive Guide Plan Amendment. Senior Planner Ridley discussed the Advisory Planning Commissions reasons for recommendation of denial. Mark Parranto, Delta Development, discussed the proposed townhome development. Councilmembers were in agreement that the land designation should remain commercial. Councilrnernber Carlson moved, Councilmember Fields seconded a motion to direct the City Attorney to draft Findings of Fact, Conclusions, and Resolution on the Comprehensive Guide Plan amendment to change the land use designation of 6.29 acres located east of Pilot Knob Road at Marice Drive, between Sherman Court and Interstate 35E. Aye: 5 Nay: 0 COMMUNITY CENTER UPDATE City Administrator Hedges provided an update on activities at the Community Center. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges stated that he, Mayor Geagan and Councilmember Maguire will be attending the League of Minnesota Cities Annual Conference in St. Cloud June 18 through June 20, 2003. Eagan City Council Meeting Minutes June 17,2003 Page 8 ADMINISTRATIVE AGENDA COMMUNITY DEVELOPMENT DIRECTOR INTERVIEWS City Administrator Hedges discussed the interview process for the Community Development Director position. He suggested that the interviews be scheduled at 3:30 p.rn. on June 24, 2003 prior to the Special City Council Work Session scheduled for 5:30. Councilmember Tilley moved, Councilmember Fields seconded a motion to schedule June 24, 2003 at 3 :30 for a Special City Council meeting for the purpose of interviewing final candidates for the Community Development Director position. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to temporarily adjourn the regular City Council meeting at 8:10 p.m. to immediately convene a meeting of the Economic Development Authority. Councilmember Tilley moved, Councilmember Maguire seconded a motion to reconvene the regular City Council meeting at 8: 13 p.m. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Carlson moved, Councilmember Maguire seconded a motion to adjourn the meeting at 8: 15 p.m. q~ J~ ~~3 Date 7>>Mv 1Jf!t~ 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. MINUTES OF A LISTENING SESSION OF THE EAGAN CITY COUNCIL JUNE 17, 2003 6:00 P.M. The Eagan City Council held a Listening Session on June 17,2003 at 6:00 p.m. In attendance were Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire. Margo Danner was present to discuss the 4th of July festivities and access to the Community Center. She also discussed the Lioness brick project and the statue that was donated by the Lioness Club. The Listening Session adjourned at 6:30 p.m. Respectfully submitted, YJ1JAd/ ~ Mira McGarvey ~ Administrative Secretary / Deputy City Clerk MINUTES OF A SPECIAL CITY COUNCIL MEETING TUESDAY, JUNE 10,2003 5:30 P.M. COMMUNITY ROOM EAGAN CITY HALL ROLL CALL AND AGENDA Members present: Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire. Also present were staff members: City Administrator Hedges, Assistant to the City Administrator Lord, Director of Administrative Services VanOverbeke, Public Works Director Colbert, Fire Chief Jensen, Police Captain McDonald, Senior Planner Ridley and City Attorney Dougherty. Mayor Geagan opened the meeting and recognized the passing of Gunnar Isberg, a long time Eagan resident who was very involved in the community. The City Council and audience observed a moment of silence in honor of Isberg. City Administrator Hedges noted two additions to be discussed under Other Business: 1.) Silver Bell Liquor violations; and 2.) Correspondence to the DNR regarding the Natural and Scenic Area Grant application. The City Council, per the recommendation of City Administrator Hedges, also continued item V. regarding the consideration of an ordinance amendment regulating fireworks displays and fireworks sales. Councilmember Maguire moved; Councilmember Fields seconded a motion to adopt the agenda as presented. Aye: 3 Nay: 0 (Councilmembers Carlson and Tilley were not yet present.) VISITORS TO BE HEARD There were no visitors to be heard. FINDINGS OF FACT / WELSCH CONSTRUCTION FOR A PLANNED DEVELOPMENT AMENDMENT TO AMEND THE DESIGN OF THE SECOND MONUMENT SIGN ON LOT 1, BLOCK 1, GATEWOODS ADDITION LOCATED AT 1185 TOWN CENTRE DRIVE City Administrator Hedges introduced the item noting that typically this sort of item would be on a regular agenda. However, given the 60 day clock, action was needed at this meeting. Councilmember Maguire moved; Councilmember Fields seconded a motion to adopt the Findings of Fact. Aye: 3 Nay: o (Councilmembers Carlson and Tilley were not yet present.) CONSIDER NO PARKING REGULATIONS FOR BRADDOCK TRAIL City Administrator Hedges introduced the item noting that at the May 20th City Council meeting additional parking restrictions within the Stafford Place neighborhood and Braddock Trail were discussed as a formal agenda item. Per the Council's request, the agenda item was added in the event Special City Council Meeting Minutes June 10, 2003 Page 2 the Council chose to reconsider the action taken at the May 20th Council meeting. Mayor Geagan noted that he met with residents of Braddock Trail. Mayor Geagan informed the audience that a letter was sent by the City on June 5th as an update on the permit parking revisions and Braddock Trail re-striping. Following his meeting with residents of Braddock Trail, the Mayor sent out additional correspondence to summarize the meeting. Public Works Director Colbert presented a summary on the action taken thus far regarding Braddock Trail. Three residents of Braddock Trail addressed the City Council with their concerns about signage being installed along Braddock Trail. Councilmember Tilley arrived at 5:50 p.m. The City Council discussed the issues regarding re-striping, crosswalks, and signage along Braddock Trail. Three additional residents of Braddock Trail addressed the City Council with their concerns about the crosswalks, mailboxes, and the need for a safety zone for kids on the corner of Braddock Trail. Councilmember Tilley moved; Councilmember Fields seconded a motion to rescind the City Council direction from May 20, 2003. Aye: 4 Nay: 0 (Councilmember Carlson not yet present) Mayor Geagan moved; Councilmember Fields seconded a motion to approve the recommendations voiced at the June 5th meeting of the Braddock Trail residents, which included: . Permitting and striping will remain the same as currently configured . No speed bumps . Designate no-parking from the intersection of North Pennsylvania Avenue to Northview Park Road on the east side of Braddock Trail . Stress police enforcement of both speed and the no-parking by mailboxes . Do not remove or change the existing signage . Eliminate bagging signs for special events . Hold the parking lane striping back at a distance to be based on an engineering study in each direction at every intersection to provide better sight distances for vehicles entering Braddock Trail . No pedestrian crosswalks Councilmember Carlson arrived at 6: 10 p.m. Aye: 4 Nay: 0 (Councilmember Carlson abstained.) The City Council discussed a new ordinance regarding "parking by permit only" for Stafford Place. City Attorney Dougherty presented permit options from other cities. The City Council discussed the ordinance and staff was directed to provide Council with specific options for a permitting process before an ordinance is formulated. The item was directed to the June 24th Special City Council workshop. Special City Council Meeting Minutes June 10, 2003 Page 3 CONSIDERATION OF ORDINANCE AMENDMENT REGULATING FIREWORKS DISPLAYS AND FIREWORKS SALES This item was continued to a later date. CONSIDER DRAFT ALCOHOL POLICY TO REGULATE SPECIAL EVENTS / CAPE City Administrator Hedges opened the item noting that at the May 13th Special City Council meeting, members of CAPE (Changing Alcohol Policies at Events) addressed the City Council regarding their request that the City of Eagan review and prepare a list of procedures for temporary malt liquor licenses and temporary on-sale licenses. Members of CAPE presented a brief summary of their recommendations. City Attorney Dougherty suggested that their recommendations be in an ordinance in order to be enforced. Police Captain McDonald concurred with City Attorney Dougherty's position. The City Council discussed CAPE's recommendation and the possibility for an ordinance amendment. The Council also discussed whether alcohol should remain in a designated area at special events. Councilmember Tilley moved; Councilmember Fields seconded a motion to direct the City Attorney to prepare an ordinance amendment to the temporary malt liquor license and temporary on-sale liquor license provisions, per the recommendations of CAPE, to be presented to the City Council at the June 17, 2003 City Council meeting. The Council also directed that the resource packet provided by CAPE be included with all liquor license applications. Aye: 5 Nay: 0 REQUEST BY DAKOTA WOODLAND TO WAIVE FEES FOR JUNE 28 SOFTBALL TOURNAMENT City Administrator Hedges introduced the item noting that the City received a request from representatives of Dakota Woodland to waive the field/facility use fee for their June 28 fund raising softball tournament. The City Council discussed the request of Dakota Woodlands and stated what the City does for one they must do for all and, therefore, could not waive the fee. The Council thanked Dakota Woodlands for the service they provide to the community. Councilmember Carlson moved; Councilmember Maguire seconded a motion to deny the request of Dakota Woodlands to waive the field/facility use fee for their June 28 fund raising softball tournament. Aye: 5 Nay: 0 REVIEW MASSAGE THERAPY ESTABLISHMENT AND MASSAGE THERAPIST LICENSE FEES City Administrator Hedges introduced the item noting that this item came to the Council's attention at the May 13 Special City Council meeting when the cap on the number of massage therapy establishment licenses was discussed. Dave Ragsdale, Vice President of Keep in Touch, addressed the City Council noting that the license fees, business fees, background charge, and therapy fees were all high in comparison to nearby cities. The City Council discussed Mr. Ragsdale's concerns. Councilmember Maguire moved; Councilmember Fields seconded a motion to reduce the therapist background check fee from $200 to $100. The City Council discussed the motion. Councilmember Tilley suggested $75 rather than $100. Aye: 4 Nay: 1 (Tilley opposed) Special City Council Meeting Minutes June 10, 2003 Page 4 Councilmember Carlson moved; Tilley seconded a motion to reduce the annual therapist license fee from $50 to $25. Also included in the motion was the action to not change the initial business license fee, the annual business license fee, the business background check fee or the initial therapist license fee. Aye: 5 Nay: 0 CONSIDER ZONING CATEGORIES FOR CURRENCY EXCHANGE OPERATIONS City Administrator Hedges introduced the item noting that the City Council briefly discussed an ordinance amendment related to currency exchange operations at the May 22, 2003 City Council meeting, where the item was directed for further discussion to the June 10 work session. Senior Planner Ridley summarized the item noting that the City Attorney had modified the amendment to mirror the adult use ordinance in regard to protected uses. The City Council discussed the modified amendment. Councilmember Carlson moved; Councilmember Tilley seconded a motion to direct the City Attorney to prepare an ordinance amendment to include a change to No.3 in the draft Ordinance Amendment to read "No currency exchange business shall be located closer than -l-OO() (change to 200) feet to any existing currency exchange business, secondhand goods stores or pawn shop, daycare facility, on or off sale liquor establishment, park or public facility or residential property, including R-4 (residential multiple district) properties". Aye: 5 Nay: 0 CONSIDER ORDINANCE AMENDMENT ALLOWING 2:00 A.M. CLOSING FOR ON-SALE LIQUOR ESTABLISHMENTS City Administrator Hedges introduced the item noting that the recently passed state legislation regarding the 2:00 a.m. closing time for on-sale liquor establishments goes into effect on July 1,2003. Currently, the Eagan City Code states a I :00 a.m. closing time which would remain in effect unless the City chose to extend the closing time to 2:00 a.m. The City Council discussed the proposed ordinance amendment and inquired as to whether the City could provide a separate license for those establishments that wish to stay open between 1 :00 and 2:00 a.m. The City Attorney suggested that a separate fee probably is not appropriate, rather an across the board change would be more effective. The City Council inquired with Captain Jim McDonald regarding enforcement between 1 :00 a.m. and 2:00 a.m. and whether or not he anticipated a significant change. Captain McDonald noted there have not been major problems in those time periods and did not anticipate a significant difference in enforcement. The City Council directed staff to inquire with neighboring communities as to how they ware handling the 2:00 a.m. closing time and to set a date to bring this item back to the City Council, at which time license holders would be noticed to inform them of the City Council's consideration of the item. The Council also directed that staff obtain a copy of the survey currently being conducted by the ECVB regarding the 2:00 a.m. closing time. CONSIDER CONCEAL AND CARRY LIABILITY AND PUBLIC BUILDING RESTRICTIONS City Administrator Hedges introduced the item noting two items before the Council's consideration. First, the liability issues associated with the conceal and carry legislation, and second, direction on whether City employees should be allowed to carry weapons on City property. City Attorney Dougherty addressed the liability issues noting that the City is not permitted to stop a third party from carrying a weapon onto City property unless the person is a City employee. The City Council discussed the conceal and carry liability. Special City Council Meeting Minutes June 10, 2003 Page 5 Councilmember Carlson moved; Councilmember Tilley seconded a motion to post signs stating guns are not welcome here, to be consistent with the City of Duluth signs. The Council directed that signs be posted on major City buildings. Aye: 5 Nay: 0 The City Council also discussed whether restrictions should be placed on the ability of employees to carry weapons on City property. Council directed staff to monitor the activity of the League of Minnesota Cities for a suggested personnel policy. CONSIDER STAFF RESEARCH ON CREATING A SEPARATE ECONOMIC DEVELOPMENT AUTHORITY City Administrator Hedges introduced the item noting the powers that the Economic Development Authority has. The City Council discussed the EDA's authority and it was the Council's consensus to retain these authorities by continuing to serve as the EDA. OTHER BUSINESS 1. Silver Bell Liquor City Administrator Hedges provided a background on the recent violations of Silver Bell Liquor. City Attorney Dougherty noted that the City has a responsibility to provide administrative hearings before taking action on penalty and/or revocation of the license. The City Council directed this item back to the June 17 meeting. 2. Correspondence. DNR City Administrator Hedges presented a letter to Peggy Booth, DNR Community Assistance Manager, regarding the City's application for the Natural and Scenic Area Grant to be used for the acquisition of the Anderson parcel. Councilmember Carlson noted that she had been contacted by a member of Friends of Patrick Eagan Park, asking that an outline be prepared regarding the likelihood of funding being secured for the acquisition of the Anderson parcel. The City Council directed staff to send additional correspondence to Peggy Booth to present the City's "Funding Roadmap". The Council directed that the letter be sent in certified mail to Ms. Booth by June 28. ADJOURNMENT Councilmember Tilley moved; Councilmember Carlson seconded a motion to adjourn the meeting at 8: 15 p.m.