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10/21/2003 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota October 21, 2003 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting in the Community Room of the Eagan Municipal Center. There were no citizens who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, October 21,2003 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 City Administrator Hedges discussed three additional items for the Consent Agenda. Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENT A TIONS DIAMOND T RANCH / CAROL THOMAS The City Council recognized Carol Thomas and the Diamond T Ranch for their 32 years as a unique business in the City of Eagan. Mayor Geagan presented Ms. Thomas with a Certificate of Appreciation. CONSENT AGENDA Councilmember Carlson moved, Councilmember Fields 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 October 7,2003 regular City Council meeting and the October 7,2003 Listening Session as presented. B. Personnel Items. 1. It was recommended to approve a Time Spent Profile (TSP)/Market revision from exempt range G to exempt range 1 for the Assistant to the City Administrator position. 2. It was recommended to approve a Time Spent Profile (TSP)/Market revision from non-exempt range H to exempt range J for the City Clerk / Administrative Services Coordinator position. 3. It was recommended to approve a title change for the current Senior Planner position to that of City Planner. C. Check Registers. It was recommended to ratify the check registers dated October 9, 2003 and October 16 as presented. D. Cooperative Agreement. It was recommended to approve a Cooperative Agreement or the Dakota County Community Development Block Grant Program. E. Joint Powers Agreement. It was recommended to approve a Joint Powers Agreement that would allow the City of Eagan to continue its participation in the Dakota County Drug Task Force. F. Ordinance Amendment. It was recommended to direct the City Attorney's office to prepare an ordinance amendment to Chapter 5, entitled wine, beer and liquor licensing and regulation regarding liquor license fees. G. Temporary On-Sale Liquor License. It was recommended to approve a temporary on-sale liquor license for Faithful Shepherd Catholic School and waive the $150.00 license fee. H. Temporary On-Sale Liquor License. It was recommended to approve a temporary on-sale liquor license for the Southwest Area YMCA and waive the $150.00 license fee and wristband requirement. Eagan City Council Meeting Minutes October 21, 2003 Page 2 1. Private Well Permit. It was recommended to approve a permit for a 6" private well to Thomson West Group for Lot 11, Block 1, West Publishing 4th Addition subject to the installation of a backflow preventer immediately above the City's water meter. J. Proiect 900. It was recommended to authorize the preparation of a Feasibility Report by City stafffor Project 900 (I-35E Trunk watermain crossing). K. Minnesota Grow Program. It was recommended to approve authorization for Economic Development Commission members and staff to participate in the Minnesota Chambers of Commerce Grow Minnesota Program through the Northern Dakota County Chambers of Commerce. L. EA W. It was recommended to approve comments on an Environmental Assessment Worksheet for a residential development ("The Bluffs") in Western Mendota Heights within noise zone 4 as define by the Metropolitan Council Aviation system plan, per the recommendation of the Eagan Airport Relations Commission. M. Engagement Letter. It was recommended to approve the engagement letter with Kern, DeWenter, Viere, Ltd. to provide auditing services for the year ending December 31, 2003. N. Extension for Recording Final Plat. It was recommended to approve an extension of time to record the final plat for Kennerick 2nd Addition, located north of Lone Oak Road and west of Pilot Knob Road in the SE V. of Section 4. O. Extension for Development Contract Completion Date. It was recommended to approve a one year extension for installation of a berm described in the Development Contract for the Diffley Plaza subdivision, located at the South West corner of Diffley Road and Johnny Cake Ridge Road. (Staff was directed to send a letter to adjacent property owners notifYing them o/the Council's action) P. ECYB Extravaganza. It was recommended to approve a waiver of rental rates for the ECYB's use of the Oaks rooms for an event that will promote and market the Oak rooms at the ECC. Q. Telecommunications Lease Agreement. It was recommended to approve the telecommunication lease agreement with AT&T Wireless Services ofMN, Inc. for an antenna installation on the Safari Reservoir located at 2091 Royale Drive and authorize the Mayor and City Clerk to execute all related documents. R. Worksession. It was recommended to change the November 13th worksession to November 12,2003. S. Retreat. It was recommended to set a City Council retreat for October 27, 2003 at 5:00 p.m. at Moonshine Park. T. NOISE. It was recommended to appoint Community Development Director Hohenstein as alternate to the NOISE Committee. NEW BUSINESS REZONING TO PRELIMINARY PLANNED DEVELOPMENT, PRELIMINARY SUBDIVISION (EAGAN GROVE) AND VARIANCE -MENDOT A HOMES INC. City Administrator Hedges introduced this item regarding a rezoning to preliminary planned development for construction of nine detached townhome units upon 2.55 acres plus a preliminary Subdivision including a variance to the maximum cul-de-sac length east of Dodd Road and south of Wescott Road. City Planner Ridley gave a staff report. A representative of the applicant was present to answer questions of the Council. Councilmember Maguire moved, Councilmember Fields seconded a motion to approve a Rezoning to Preliminary Planned Development for construction of nine detached town home units upon 2.55 acres located east of Dodd Road and south of Wescott Road in the NE V. of Section 24, subject to the following conditions: Aye: 5 Nay: 0 I. The applicant and/or developer shall enter into a Preliminary Planned Development Agreement with the City, to be recorded with the County Recorder's office. The following exhibits are required for the Preliminary Planned Development Agreement: . Preliminary Site Plan . Preliminary Building Elevations . Preliminary Landscape Plan . Preliminary Site Lighting Plan Eagan City Council Meeting Minutes October 21,2003 Page 3 2. The applicant/or developer shall enter into a Final Planned Development Agreement with the City, to be recorded with the County Recorder's office. The following exhibits are required for the Final Planned Development Agreement: . Final Site Plan . Final Building Elevations Plan . Final Landscape Plan . Final Site Lighting Plan 3. The property shall receive final subdivision/plat approval prior to building permit issuance. 4. The term of this Planned Development shall be five years. 5. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a townhome association. The documents shall be submitted and approved by the City Attorney's office prior to final subdivision approval. Transfers of common areas to the townhome association shall be recorded with the subdivision. 6. Building setbacks on the perimeter of the site shall not be less than 40 feet from Dodd Road, 25 feet from the private street, and 15 feet from adjacent property to the north and south. Minimum side yard setbacks shall be 10 feet for the house and 5 feet for the garage. The dimensions of all setbacks shall be shown on the Final Site Plan. 7. As required by City Code, driveways shall not be more than 22 feet wide at the curb line. The driveway width should be revised to comply with this standard on the Final Site Plan. 8. The Final Building Elevation plans shall identify specific exterior materials and colors to be utilized. At least two color schemes shall be used throughout the development. 9. The Final Landscape Plan shall be revised to reflect the revised and approved base site plan. All plant materials shall meet the minimum specifications of the City's landscape ordinance, and all landscaped areas shall be served with automatic irrigation. 10. Maintenance of the landscaping shall be the responsibility of the development's townhome association. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision (Eagan Grove), including a Variance to the maximum cul-de-sac length, to create ten lots for nine detached townhome units upon the same 2.55 acres, subject to the following conditions: Aye: 5 Nay: 0 I. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: AI, BI, B3, B4, CI, C2, C4, D1 and El. 2. The property shall be platted. 3. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a townhome association. The documents shall be submitted and approved by the City Attorney's office prior to final subdivision approval. Transfers of commons areas to the townhome association shall be recorded with the subdivision. 4. The developer shall be responsible for obtaining easements from adjacent properties allowing for grading off-site. 5. The developer shall be responsible for construction of the proposed storm water pond within Eagan entirely within the development boundaries to accommodate the development's storm water runoff quality and rate control. 6. The developer shall be responsible for the extension of 12 inch diameter trunk water main through the property within Inver Grove Heights, in accordance with the Eagan Water Supply and Distribution Plan (1996). 7. The developer shall connect the proposed lateral water main within Eagan to the trunk water main along Highway 149 within Inver Grove Heights, in accordance with City engineering standards. 8. The developer shall be responsible for the revisions to the existing pavement markings on Dodd Road to accommodate the private street intersections. 9. The private streets within the development shall be constructed to a minimum width of28 feet (face-to-face of curb). 10. The developer shall be responsible for petitioning the City to vacate the portion of the right-of-way of Dodd road proposed to be incorporated into the final plat. If approved, the right-of-way shall be vacated prior to the final subdivision / plat of this development. Eagan City Council Meeting Minutes October 21,2003 Page 4 11. This development shall construct four ponds to treat storm water from 4.1 acres of the site. The ponds shall have minimum wet-pond volumes and areas according to storm water runoff and storage models that are acceptable to the City. The treatment ponds shall be constructed according to NURP standards with a maximum depth of 6 feet and a 10: 1 aquatic bench from normal water levels. 12. In lieu of ponding to treat storm water runoff from 1.6 acres, a cash dedication shall be required. The amount is to be determined by the City Water Resources Coordinator, and is payable at the time of final plat. 13. The Final Landscape Plan shall be revised to reflect the revised and approved base site plan. All plant materials shall meet the minimum specifications of the City's landscape ordinance, and all landscaped areas shall be served with automatic irrigation. 14. Maintenance of the landscaping shall be the responsibility of the development's townhome association. 15. This proposal shall be subject to a cash parks dedication and cash trails dedication, payable at the time of final plat at the rates then in effect. 16. In accordance with the Joint Powers Agreement between the cities of Eagan and Inver Grove Heights, park fees shall be paid to Eagan for the units in lnver Grove Heights, prior to lnver Grove Heights' release of the plat for recording. 17. IfInver Grove Heights does not approve the proposal; all necessary storm water ponding for the development within Eagan shall be provided in accordance with City of Eagan water quality and engineering standards and requirements. 18. If Inver Grove Heights does not approve the proposal, the development shall provide a private street turnaround at the easterly end of the development in accordance with City of Eagan standards. 19. Additional landscaping and signage shall be provided at the northern end of the cul-de-sac in Inver Grove Heights to provide a barrier at the dead-end of the private street adjacent to Dodd Road. ADMINISTRA TIVE AGENDA Temporary On-sale Liquor License / Ss Martha and Mary Episcopal Church: City Administrator Hedges discussed a request by Ss Martha and Mary Episcopal Church for a temporary on-sale liquor license for a fundraiser planned for November 1, 2003. Councilmember Fields moved, Council member Tilley seconded a motion to approve a temporary on-sale liquor license for Saints Martha and Mary Episcopal Church and waive the $150 license fee. Aye: 5 Nay: 0 Minnesota Manufacturers Week: Councilmember Fields moved, Councilmember Tilley seconded a motion to declare October 20-24 as Minnesota Manufacturers Week in the City of Eagan. Aye: 5 Nay: 0 Resolution - Anderson Parcel/Dakota County Farmland and Natural Area Grant: City Administrator Hedges introduced this item regarding a request by the Trust for Public Land for consideration of a resolution for support for the Dakota County grant application being submitted in partnership by TPL and Friends of Patrick Eagan Park for the preservation of the Anderson parcel. Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve a resolution of support for the Dakota County grant application being submitted in partnership by the Trust for Public Land and Friends of Patrick Eagan Park for the preservation of the Anderson parcel. Aye: 5 Nay: 0 03-69 Councilmember Maguire moved, Councilmember Tilley seconded a motion to recess the regular City Council meeting at 7:10 p.m. and immediately convene a meeting of the Economic Development Authority. Aye: 5 Nay: 0 Councilmember Maguire moved, Councilmember Tilley seconded a motion to reconvene the regular City Council meeting at 7:40 p.m. Eagan City Council Meeting Minutes October 21,2003 Page 5 OTHER BUSINESS RESOLUTION APPROVING AMENDED AND RESTATED DEVELOPMENT AGREEMENT RELATING TO TAX INCREMENT FINANCING DISTRICT NO.1 BETWEEN THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND U.S. HOME CORPORATION City Administrator Hedges discussed this item regarding modifications to the Nicols Ridge Housing Project, previously discussed during the Economic Development Authority meeting. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve modifications of the architecture and finishes, phasing and performance timelines for the Nicols Ridge Housing Project. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 7:45 p.m. Aye: 5 Nay: 0 Date Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TOO 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.