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2010-09-21 City Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota September 21, 2010 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Tilley and Hansen. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, September 21, 2010 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Tilley and Hansen. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, Administrative Services Gene VanOverbeke, Director of Communications Tom Garrison, City Attorney Michael Dougherty and Administrative Secretary / Deputy Clerk Mira Broyles. AGENDA City Administrator Hedges noted that a closed session would be held regarding the U-Haul litigation and an easement acquisition on the Sweet property. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. RECOGNITIONS AND PRESENTATIONS New Police Officers, William Cytryszewski, Chad Clausen, and Joseph Moseng were administered the Oath of Office. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the September 7, 2010 regular City Council meeting. B. Personnel Items. (no items) C. It was recommended to ratify check registers dated September 2, 2010 and September 9, 2010, as presented. D. It was recommended to approve one day per month promotions at the Eagan Community Center to offer free admission for military families to preschool open gym and F.A.N.tastic Saturday. E. It was recommended to approve a letter of support for Dakota Valley Recycling (DVR) to secure Local Negotiated Initiative Funds (LNIF) for DVR website improvements. F. It was recommended to approve an amendment to the Joint Powers Agreement (in which the City joined ICAC, a multi agency task force that combats internet crimes where children are victims) with the State of Minnesota, Bureau of Criminal Apprehension and the St. Paul Police Department. G. It was recommended to approve a Tobacco License for Bassil Dyab, Go For It Gas, 4206 Nicols Road. H. It was recommended to declare bicycles, unclaimed property and miscellaneous City property to be surplus. I. It was recommended to award bid for construction of a replacement fire engine. J. It was recommended to approve change orders for the Fire Safety Center. K. Item removed. L. It was recommended to award Contract 10-09 (Cliff Road Trunk Water Main) to Ryan Contracting, Inc. for the base bid in the amount of $477,046.50 and authorize the Mayor and City Clerk to execute all related documents. City Council Minutes September 21, 2010 Page 2 M. It was recommended to award Contract 10-10 (South Water Treatment Plant – Facility Upgrade and Maintenance Repair) to Magney Construction, Inc. for the Base Bid in the amount of $3,798,700, plus the Alternate #2 deduct of $60,000, and authorize the Mayor and City Clerk to execute all related documents. N. It was recommended to award Contract 10-16 (Schwanz Lake Rain Gardens) to Urban Companies for the base bid in the amount of $43,970.00 and authorize the Mayor and City Clerk to execute all related documents. rd O. It was recommended to approve a final plat (Kennerick 3 Addition) upon approximately 0.92 acres for property located at 1413 Vince Trail, and legally described as Lot 1, Block 2, and Outlot C, Kennerick Addition. P. It was recommended to approve an agreement between the City and CBS Outdoor, Inc. to provide the City five (5) hours /month (2250 eight-second spots) for public service announcements on the billboard located on railroad r-o-w adjacent to Coca-Cola, west of I-35E and south of Hwy. 55 in the NE ¼ of Section 3. Q. It was recommended to approve two agreements between the City and Clear Channel Outdoor, Inc. to provide the City five (5) hours/month (2250 eight-second spots) for public service announcements on the north and south facing sides of the billboard located on 3.5 acres north of Hwy. 13 and east of Hwy. 77 (Cedar Ave.) in the SW ¼ of Section 18. R. It was recommended to approve release of certain declaration of restrictive covenants for Crossroads of Eagan located at the southeast corner of Denmark Avenue and Duckwood Drive. S. It was recommended to award the bid for the build out of the Civic West Arena West Training Space to Morcon Construction, Inc., pending final review by the architect, and authorize the Mayor and City Clerk to execute the appropriate documents. T. It was recommended approve a resolution allowing the City of Eagan to continue its participation in the Dakota Traffic Safety Program through 2011. PUBLIC HEARINGS RIGHT OF WAY VACATION – WESCOTT WOODLANDS City Administrator Hedges introduced this item regarding a petition by neighbors of the Stonehaven development to vacate the portion of Wescott Woodlands that is unimproved and currently serves as a gravel driveway access to three residences and a public trail connection to Wescott Hills Drive to the south. Public Works Director Colbert provided background information and noted that City staff has met with the petitioners and reached agreement on the extent of the right-of-way vacation. All Required cross easement agreements between the property owners were verified as being signed and notarized. Councilmember Bakken moved, Councilmember Fields seconded a motion to close the public hearing and approve the vacation of the easterly 30 feet of public right-of-way known as Wescott Woodlands (formerly known as Dodge Street and Wescott Hills Drive) located south of Duckwood Drive and adjacent to 3536, 3544 and 3590 Wescott Woodlands, all as formally described and shown on the attached figure, while reserving the trail, drainage and utility easements, and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 OLD BUSINESS There were no Old Business items. City Council Minutes September 21, 2010 Page 3 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT, PRELIMINARY SUBDIVISION RD (LONE OAK 3 ADDITION) NWA REAL ESTATE HOLDING COMPANY, LLC (DELTA AIRLINES) City Administrator Hedges introduced this item regarding a Planned Development Amendment to renew the term of the Planned Development Agreement, change parcel boundaries and clarify allowable square rd footage for future development on proposed Lot 1 and Outlot A, Lone Oak 3 Addition and a Preliminary Subdivision to create one lot and three outlots upon approximately 125 acres located south of I-494 and east of Lone Oak Parkway. City Planner Ridley gave a staff report. Jeff Minnea, representing Delta Airlines discussed the proposed subdivision and future plans for the property. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to renew the term of the Planned Development Agreement, change parcel boundaries and clarify allowable square footage for future development on proposed Lot 1 and Outlot A, rd Lone Oak 3 Addition, upon approximately 86 acres located south of I-494/O’Neill Drive and east of Lone Oak Parkway, 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 the Dakota County Recorder’s office. 2. This Planned Development allows for a total building area of 325,000 SF for office uses upon Lot rd 1, Block 1, Lone Oak 3 Addition, and up to $175,000 SF for office uses upon Lot 1, Block 1, rd Lone Oak 3 Addition, and up to 175,000SF of future office development upon Outlot A, Lone rd Oak 3 Addition. 3. Any further development on Lot 1 or Outlots A and C shall require a Planned Development Amendment together with the following exhibits: a. Site plan b. Landscape plan c. Building elevation plans d. Utility Plan e. Site Lighting Plans 4. This Amendment shall supplement and amend all prior Planned Development Agreements, including Preliminary Planned Development Agreements. 5. The term of this Agreement shall be 10 years. 6. Any future proposals to impact the wetland on site by draining, filling, or excavating shall comply with Minn. Rules Ch. 8420 and shall specifically be according to Eagan City Code §11.67 Subd. 5, Wetland Submittal Requirements and Replacement Requirements and Eagan City Code §11.67, Subdivision 11, Wetland Submittal Requirements. 7. In accordance with Eagan City Code §11.67 Subd. 6 for the “Protect” wetlands, there shall be a 60-foot minimum Wetland Buffer (20% added to 50-foot minimum width requirements because wetland’s adjacent slopes are 6% or greater). The applicant and/or landowner shall dedicate a conservation easement over the lands associated with the wetland and the Wetland Buffer. 8. Wetland Buffer Vegetative Requirements shall comply with Eagan City Code §11.67, Subd. 7. 9. The Wetland Buffer shall be protected in accordance with Eagan City Code §11.67 Subd. 8. 10. In accordance with Eagan City Code §11.67 Subd. 9, the applicant and/or landowner must place markers at the upland edge of the Wetland Buffer at least every 75 feet. Wetland Buffer Markers will be provided by the City. 11. Any future development of the site shall have wetland setbacks in accordance with Eagan City Code §11.67 Subd. 10. City Council Minutes September 21, 2010 Page 4 Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Preliminary rd Subdivision (Lone Oak 3 Addition) to create one lot and three outlots upon approximately 125 acres located south of I-494/O’Neill Drive and east of Lone Oak Parkway, 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, B3, B4 2. The property shall be platted. 3. This subdivision shall dedicate the public right-of-way needed for the construction of a roadway from Northwest Parkway to the eastern edge of the subdivision, in accordance with City engineering standards. The plat shall be revised to show this right-of-way prior to final subdivision approval/ 4. The developer shall grant temporary construction easements, in a form acceptable to the City Attorney for the construction of future roadway. 5. Any future proposals to impact the wetland on site by draining, filling, or excavating shall comply with Minn. Rules Ch. 8420 and shall specifically be according to Eagan City Code §11.67 Subd. 5, Wetland Submittal Requirements and Replacement Requirements and Eagan City Code §11.67, Subdivision 11, Wetland Submittal Requirements. 6. In accordance with Eagan City Code §11.67 Subd. 6 for the “Protect” wetlands, there shall be a 60-foot minimum Wetland Buffer (20% added to 50-foot minimum width requirements because wetland’s adjacent slopes are 6% or greater). The applicant and/or landowner shall dedicate a conservation easement over the lands associated with the wetland and the Wetland Buffer. 7. Wetland Buffer Vegetative Requirements shall comply with Eagan City Code §11.67 Subd. 7. 8. The Wetland Buffer shall be protected in accordance with Eagan City Code §11.67 Subd. 8. 9. In accordance with Eagan City Code §11.67 Subd. 9, the applicant and/or landowner must place markers at the upland edge of the Wetland Buffer at least every 75 feet. Wetland Buffer Markers will be provided by the City. 10. Any future development of the site shall have wetland setbacks in accordance with Eagan City Code §11.67 Subd. 10. ORDINANCE AMENDMENT TO CHAPTER 5 OF THE CITY CODE REGARDING FINANCIAL RESPONSIBILITY AND INSURANCE CERTIFICATE REQUIREMENTS OF LIQUOR LICENSEES TO COMPLY WITH STATE STATUTES City Administrator Hedges discussed this item regarding an ordinance amendment to Chapter 5 regarding the financial responsibility and insurance certificate requirements of liquor licensees to comply with State statutes. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an ordinance amendment to Chapter 5 of the City Code regarding the financial responsibility and insurance certificate requirements of liquor licensees to comply with state statutes. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. ADMINISTRATIVE AGENDA Public Works Director Colbert discussed easement acquisitions for Project 905R which provided for the installation of storm drainage facilities for the south eastern portion of Eagan through the Lebanon Hills Regional Park along Cliff Road to the Holland Lake Lift Station. He noted that the City has acquired all necessary easements except for three which are currently being negotiated, of which one has threatened an Inverse Condemnation action against the City. He stated he felt it would be in the City’s best interest City Council Minutes September 21, 2010 Page 5 to formally initiate Eminent Domain proceedings for that particular property while continuing with negotiations. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a resolution authorizing the acquisition of drainage and utility easements for Project 905R for parcel 10-02600-010-54 through Eminent Domain proceedings, if necessary, and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Council Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 7:20 p.m. Aye: 5 Nay: 0 ____________________ Date __________________________________ Mike Maguire, Mayor __________________________________ Maria Petersen, City Clerk