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12/15/2009 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota December 15, 2009 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Tilley, Bakken, Hansen and Fields. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, December 15, 2009 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Tilley, Bakken, Hansen and Fields. Also present were City Administrator Tom Hedges, City Planner Mike Ridley, Public Works Director Tom Colbert, Community Development Director Jon Hohenstein, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. CONSENT AGENDA Public Works Director Colbert acknowledged the retirement of Engineering Secretary Judy Jenkins. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the December 1, 2009 regular City Council meeting and the November 10, 2009 Special City Council meeting as presented. B. Personnel Items. 1. It was recommended to accept the letter of retirement from Judy Jenkins, Engineering Secretary. 2. It was recommended to approve the hiring of Ryan Blake, Chris Bowen, Vincent Carlson, Joe Caron, Jennifer Felton, Josh Garcia, Alyssa Giancana, Lucas Grittner, Sara Havran, Tyler Holman, Cody Johnson, Neal Kunik, Erik Larsen, Bradi Larson, Ryan Marks, Taylor Mathiason, Thomas Miller, Andrew Neuser, Jennifer Schoenecker, Nick Schuetz, Zack Sheahan, Kevin Stevenson and Christopher Toll as a part-time seasonal winter recreation leaders. 3. It was recommended to approve the hiring of Dave Allen, Keith Wallace, Michael Neuschwander and Andrea Williams as part-time seasonal recreation sports officials. C. It was recommended to ratify check register dated December 3, 2009 as presented. D. It was recommended to approve the 2010 renewal of a Carrier / Homing / Racing Pigeon License for Eric Drenckhahn, 2811 Pilot Knob Road. E. It was recommended to approve the renewal of a Joint Powers Agreement allowing the City of Eagan to continue its participation in the Dakota County Drug Task Force, effective until December 31, 2014. F. It was recommended to approve the general insurance renewal for the period July 1, 2009 to July 1, 2010. G. It was recommended to approve the proposed 2010 Enterprise Fund budgets for Public Utilities (Water, Sanitary Sewer, Streetlighting, and Storm Drainage / Water Quality), Cascade Bay and the Community Center. H. It was recommended to approve the 2010 Special Revenue Funds Budgets: Housing Fund, DWI Forfeiture Fund, Minnesota Investment Fund (MIF) Revolving Loan Fund, Cedarvale Special Services District Fund, Cable TV Franchise Fees Fund, an E-TV Fund. City Council Minutes December 15, 2009 Page 2 I. It was recommended to approve the 2010 Eagan Convention & Visitors Bureau (ECVB) budget adopted by the EDVB’s Board. J. It was recommended to approve an extension of the grant contract between the State of Minnesota and the City of Eagan for the Fish Lake and Schwanz Lake Nutrient Impairment Total Maximum Daily Load (TMDL) Project (2008-2009) to December 30, 2010. K. It was recommended to approve the final payment for Contract 09-06 (Wandering Walk Park – Wetland Bank Improvements) in the amount of $2,464.63 to G.F. Jedlicki, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. L. It was recommended to approve the final payment for Contract 09-19 (Rain Gardens – Curb Cut/Inlet Improvements) in the amount of $30,457.25 to Bituminous Roadways, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. M. It was recommended to approve the final initial phase payment for Contract 09-06B (Wandering Walk Park – Wetland Bank Planting) in the amount of $1,865.73 to Applied Ecological Services, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions, including a 4-year maintenance plan by the contractor. N. It was recommended to approve an expenditure not to exceed $600 to send mailed notices regarding the January 12, 2010. O. It was recommended to receive the Draft Feasibility Report for Project 1020, (Thomas Lake Woods Additions – Street Improvements) and schedule a public hearing to be held on January 19, 2010. P. It was recommended to receive the Draft Feasibility Report for Project 1023, (Eagan Royale / Safari rdth Estates / Safari 3 / 4 Additions – Street Improvements) and schedule a public hearing to be held on January 19, 2010. Q. It was recommended to receive the Draft Feasibility Report for Project 1024, (Kennebec Drive – Street improvements) and schedule a public hearing to beheld on January 19, 2010. th R. It was recommended to receive the Draft Feasibility Report for Project 1025, (Oak Cliff 4 – Street Improvements) and schedule a public hearing to be held on January 19, 2010. S. It was recommended to award Professional Services Contract for design of Contract 09-18 (Duckwood Drive / Federal Drive Bridge / Street Improvements) to SRF Consulting Group, Inc. and authorize the City Engineer to execute a Work Order according to the terms of the City’s Master Contract. T. It was recommended to approve an amendment to the Fee Schedule Appendix for the current Consulting Engineering Contracts for services to be provided in 2010. U. It was recommended to approve a one-year extension of the Conditional Use Permit (CUP) and Variance approvals for property legally described as Lot 1, Block 1, Spectrum Business Park in the NW ¼ of Section 2. V. It was recommended to confirm City sponsored event signage is consistent with the definition of Governmental signage. W. It was recommended to approve an update of the Alternative Urban Areawide Review for the Cedar Grove Redevelopment Area and authorize its distribution. X. It was recommended to approve a Resolution in support of the concept of a memorial tribute to public servants to be located on City of Eagan property. Y. It was recommended to approve a budget adjustment to the 2010 Civic Arena budget to allow for the exchange of television monitors for advertising within the arenas. Z. It was recommended to authorize the submission of the grant application to the Metropolitan Regional Arts Council for a Community Arts Grant. PUBLIC HEARINGS VARIANCE – 945 CHLOE LAND (SOWANOU EDEM ABOKI) City Administrator Hedges introduced this item regarding an 11’ Variance to allow for construction of a deck on property located at 945 Chloe Lane. City Planner Ridley gave a staff report. Mr. Aboki discussed the plans for the proposed deck and the need for a variance. City Council Minutes December 15, 2009 Page 3 Mayor Maguire opened the public hearing. There being no public comment, he turned discussion to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an 11’ Variance to allow for construction of a deck on property located at 945 Chloe Lane, legally described as Lot 2, Block nd 1, Thorpe Woodland Gardens 2 Addition, 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. A building permit shall be required prior to construction of the deck. PROJECT 981, RAHNCLIFF ROAD / CLIFF LAKE ROAD / RAHN ROAD STREET OVERLAYLANDSCAPE MEDIAN IMPROVEMENTS FINAL ASSESSMENT HEARING – COMMERCIAL PROPERTIES City Administrator Hedges introduced this item regarding the final assessments for Rahncliff Road, Cliff Lake Road and Rahn Road street overlay and landscape median improvements for commercial properties. He noted that assessments for residential properties were considered at a previous public hearing. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Final Assessment Roll for Project 981 (Rahncliff Road / Cliff Lake Road / Rahn Road – Street Improvements) for the commercial properties, as presented and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 972, LONE OAK / WATERS AREA STREET OVERLAY IMPROVEMENTS SUPPLEMENTAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the supplemental assessment hearing for the Lone Oak and Waters area street overlay improvements. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the supplemental assessment roll for Project 972 (Lone Oak / Waters Area) street overlay improvements and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 978, EAGANDALE / LEMAY LAKE STREET OVERLAY IMPROVEMENTS SUPPLEMENTAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the supplemental assessment roll for Eagandale and Lemay Lake street overlay improvements. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. City Council Minutes December 15, 2009 Page 4 Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Supplemental Assessment Roll for Project 978 (Eagandale / Lemay Lake street improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 MEADOWLARK RIDGE HOUSING IMPROVEMENT AREA PUBLIC HEARING TO CONSIDER ESTABLISHMENT OF A HOUSING IMPROVEMENT AREA AND IMPOSITION OF FEES ON HOUSING UNITS WITHIN MEADOWLARK RIDGE HOUSING IMPROVEMENT AREA City Administrator Hedges introduced this item regarding the establishment of Meadowlark Ridge as a Housing Improvement Area. Community Development Director Hohenstein gave a staff report. Mayor Maguire opened the public hearing. Debra Vang discussed damage issues and her uncertainty that the stucco is the actual root cause of the problems. Maria Ferra, President of the Board for Meadowlark Ridge, addressed Ms. Vang’s concerns in regard to the stucco. Vince Carlson expressed concern regarding the percentage of assessment to each homeowner. John Denton, contractor retained by the Homeowner Association, discussed the project. Mark Ulfers, Dakota County Community Development Agency, stated that their staff had inspected the property and determined the proposed improvements are adequate and necessary to rectify the assessed condition. At the Mayor’s request, City Attorney Dougherty summarized the City’s role in the Improvement Area as one of merely being a conduit to financing. There being no further public comment, Mayor Maguire turned discussion back to the Council. Councilmember Tilley questioned the drainage/grading issues. It was noted that those issues are being addressed as part of the improvement project. Councilmember Tilley moved, Councilmember Fields seconded a motion to close the public hearing and direct preparation of: 1. An ordinance establishing the Meadowlark Ridge Housing Improvements Area. 2. A resolution imposing fees on housing units within the Meadowlark Ridge Housing Improvement Area to finance improvements. 3. A Development Agreement between the City and the Association. Aye: 5 Nay: 0 RD EASEMENT VACATION – LOT 2, BLOCK 1, NORTHWOOD BUSINESS PARK 3 ADDITION City Administrator Hedges introduced this item regarding the vacation of an easement on Lot 2, Block 1, rd Northwood Business Park 3 Addition. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. City Council Minutes December 15, 2009 Page 5 Councilmember Bakken moved, Councilmember Fields seconded a motion to close the public hearing and continue consideration of the public drainage and utility easements vacation within Northwood rdrd Business Park 3 Addition to be concurrent with consideration of the Northwood Business Park 3 Addition development (Eagan Northwoods) proposal. Aye: 5 Nay: 0 ND EASEMENT VACATION – LOTS 11, 12, 13, BLOCK 3 OAKS OF BRIDGEWATER 2 ADDITION City Administrator Hedges introduced this item regarding the vacation of an easement within Lots 11, 12, nd 13, Block 3, Oaks of Bridgewater 2 Addition. Public Works Director Colbert gave a staff report and rd requested action on the vacation be continued until consideration of the Oaks of Bridgewater 3 Addition under New Business later in the meeting. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to close the public hearing and continue consideration of the public drainage and utility easements vacation within Lots 11, 12, and nd 13, Block 3 Oaks of Bridgewater 2 . Aye: 5 Nay: 0 OLD BUSINESS 2010 GENERAL FUND BDGET AND PAYABLE 2010 PROPERTY TAX LEVY City Administrator Hedges discussed the 2010 General Fund budget and payable 2010 property tax levy. He noted that a public hearing was held before the Council on December 1 and a budget open house was held at City Hall on December 8. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the proposed 2009 (Payable 2010) property tax levy as follows: General Revenue: General Fund $ 22,236,645 Equipment Revolving Fund 987,790 Major Street Fund 2,371,301 Gen Facilities R/R Fund 271,146 Fire Apparatus 333,895 Subtotal – General Revenue 26,200,777 Debt service: 2009A Equipment Certificates 66,105 Community Center bonds 1,198,103 Subtotal – Debt Service 1,264,208 Total City-wide Levy $ 27,464,985 Cedarvale Special Services Dist. $ 3,000 Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the 2010 General Fund budget in the amount of $27,537,100. Aye: 5 Nay: 0 INFLOW & INFILTRATION POLICY IMPLEMENTATION City Administrator Hedges introduced this item regarding the implementation of an Inflow and Infiltration policy. Public Works Director Colbert discussed the proposed program. City Council Minutes December 15, 2009 Page 6 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Inflow & Infiltration Mitigation Implementation Policy. Aye: 5 Nay: 0 NEW BUSINESS RD PRELIMINARY AND FINAL SUBDIVISION (THE OAKS OF BRIDGEWATER 3 ADDITION) C. HALL COMPANY City Administrator Hedges introduced this item regarding the subdivision of 5.53 acres of property located at 3892, 3858 and 3854 Bridgewater Drive. Senior Planner Ridley gave a staff report. Quinn Hutson, representative of the applicant, discussed the proposed subdivision and requested that condition number eight in the staff report requiring the removal of an existing fence within the wetland, buffer and conservation easement be reconsidered. Council discussed the conservation easement and the fencing. It was the consensus of the Council to allow the fence to remain. Mr. Hall spoke briefly about the history of the home and the property. Mayor Maguire commended Mr. Hall for his many years of service to the City on both the Park and Planning Commission. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Preliminary rd Subdivision (The Oaks of Bridgewater 3 Addition) to create five lots upon 5.53 acres, with a Variance to the minimum lot width for proposed Lot 2, and setback Variances from the Ordinary High Water Level (OHWL) of Bald Lake for the existing swimming pool and retaining walls, located at 3862, 3858 and 3854 nd Bridgewater Drive, legally described as Lots 11, 12 and 13, Block 3, The Oaks of Bridgewater 2 Addition, 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: B1, B2, B3, C1, C2, D1 and E1. 2. The property shall be platted. 3. This development shall dedicate and maintain an access easement, in a form acceptable to the City, in an alignment as determined by the City Public Works Department, for maintenance of the existing utility pipes and structures along the south portion of the development. This easement shall be clear of obstruction at all times. 4. This development shall be required to submit an Individual Lot Tree Preservation Plan at the time of building permit application for Lot 1 and Lot 3. 5. Prior to final subdivision approval, the developer shall submit a Wetland Buffer landscaping plan (in accordance with City Code Section 11.67, Subd. 7. A. 2.) for City approval. 6. Prior to final subdivision approval, the developer shall deliver a conservation easement for the wetland and wetland buffer in a form and with content acceptable to the City Attorney. 7. The developer shall place markers at the upland edge of the Wetland Buffer at least every 75 feet (or a minimum of one per lot). Wetland Buffer Markers will be provided by the City. 8. There shall be no new fences or other structures within the conservation easement areas of Lots 2-5 or within the steep slope areas of Lots 1 and 2. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Final rd Subdivision (The Oaks of Bridgewater 3 Addition) to create five single family lots upon 5.53 acres located at 3892,3858 and 3854 Bridgewater Drive, legally described as Lots 11,12, and 13 ,Block 3, The nd Oaks of Bridgewater 2 Addition subject to the above conditions. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Hansen seconded a motion to approve the vacation of the nd public drainage and utility easements within Lots 11, 12, and 13, Block 3, Oaks of Bridgewater 2. Aye: 5 Nay: 0 City Council Minutes December 15, 2009 Page 7 COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, AND PRELIMINARY PLANNED DEVELOPMENT – DAKOTA COUNTY CDA City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Land Use Amendment that would change the land use designation from Special Area / Business Park to Special Area / Medium Density to allow for a 47 unit townhome development upon property located in Northwood rd Business Park 3 Addition. City Planner Ridley gave a staff report. Kari Gilman, Dakota County Community Development Agency, discussed the proposed project. Judy Urban, representative of MICAH thanked the Council for support of recent youth housing approval and spoke in support of the proposed townhome project. Mark Ulfers, Director of the Dakota County Community Development Agency spoke to the payment in lieu of taxes model that will affect the property. Councilmember Tilley moved, Councilmember Hansen seconded a motion to direct staff to submit to the Metropolitan Council a Comprehensive Guide Plan Land Use Amendment that would change the land use designation from SA/BP (Special Area / Business Park), to SA/MD (Special Area / Medium Density), to allow for a 47 unit townhome development upon property legally described as Lot 2 and 1, Block 1, rd Northwood Business Park 3 Addition. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items. ADMINISTRATIVE AGENDA There were no items requiring action. VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 9: 30 p.m. Aye: 5 Nay: 0 ____________________ _________________________________ Date Administrative Secretary / Deputy Clerk