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10/17/2006 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota October 17, 2006 A Listening Session was held prior to the regular City Council meeting on October 17, 2006 in the Eagan Room. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on October 17, 2006 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Fields, Tilley, and Maguire. Councilmember Carlson arrived at 6:45 p.m. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom Colbert, City Planner Mike Ridley, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS There were no recognitions and presentations. CONSENT AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the consent agenda as presented. Aye: 4 Nay: 0 A. Minutes. It was recommended to approve the minutes of the October 3, 2006 regular City Council . meeting as presented B. Personnel Items. 1. It was recommended to approve the proposed reorganization of the clerical support staff in Community Development by replacing one Clerical Tech III with a Clerical Tech IV and authorize the advertisement of a Clerical Tech IV. C. Check Registers. It was recommended to ratify the check register dated October 5, 2006 and October 12, 2006 as presented 06-39 D. Exempt Permit. It was recommended to adopt a resolution approving an Exempt Permit for Faithful Shepherd Catholic School E. Pigeon License. It was recommended to approve a license for Eric Drenckhahn to house pigeons on his property at 2811 Pilot Knob Road. F. Project 877. It was recommended to receive the Final Assessment Roll for Project 877 (Lexington Avenue, Lone Oak Road to Trunk Highway 55 ? Street Reconstruction an Overlay) and schedule a public hearing to be held on November 21, 2006. G. Amendment to Snow Plowing Agreements. It was recommended to approve the amendments to contractual snow plowing agreements with Gallagher?s, Inc. for the street and cul-de-sac snow removal and Bever Landscaping for trail and sidewalk snow removal for the 2006-2007 winter season and authorize the Mayor and City Clerk to execute all related documents H. Project 04-R. It was recommended to acknowledge the completion of public infrastructure improvements for City Project No. 04-R (Evergreen Enclave Addition) under terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions I. Final Subdivision and Final Planned Development. It was recommended to approve the vacation of a portion of public right-of-way (Gun Club Road) west of Biscayne Avenue in the SE ¼ of Section 36; a final subdivision (Red Pine Crossing) to create two lots upon approximately 9.82 acres located south of Red Pine Lane and east of Highway 3 in the SE ¼ of Section 36; and a final planned development to allow three commercial retail buildings on approximately 9.82 acres located south of Red Pine Lane and east of Highway 3 in the SE ¼ of Section 36. J. Final Planned Development and Final Subdivision. It was recommended to approve a Final Subdivision of 21 acres to create 3 Lots and one Outlot on property located in the southwest corner of Yankee Doodle Eagan City Council Meeting Minutes October 17, 2006 Page 2 Road and Highway 149 in the NW ¼ of Section 13 subject to conditions in the July 6, 2006 City Council minutes; and a Final Planned Development to allow a 52,500 SF office/warehouse building on Lot 2, Block 1, LoNidy, located in the southwest corner of Yankee Doodle Road and Highway 149 in the NW ¼ of Section 13, subject to conditions in the July 6, 2006 City Council minutes. K. Extension for Final Plat. It was recommended to approve a 60-day extension of time to record the final plat for Manley Commercial Addition, located on O?Neill Drive south of I-494 and west of Argenta Trail in the NE ¼ of Section 1. L. Cedar Bluff Housing Improvement Area. It was recommended to approve the implementation of a 06-40 Housing Improvement District under Minnesota Statutes Sections 428A.11 ? 428A.21 by the adoption of: 1. An ordinance establishing the Cedar Bluff Housing Improvements Area. 2. A resolution imposing fees on housing units within the Cedar Bluff Housing Improvement Area to finance improvements. 3. A Development Agreement between the City and the Association. M. Short Term Lease ? Armful of Love Program. It was recommended to authorize the preparation of short term lease agreement for Community Action Council ? Armful of Love Program at Cedarvale Mall and authorize the Mayor and City Clerk to execute the agreement. N. Removed from Agenda. O. Project 942. It was recommended to receive the Draft Feasibility Report for Project 942, Deerwood Drive (Blackhawk Road to Pilot Knob Road ? Street Improvements) and schedule a public hearing to be held on November 21, 2006. P. Project 943. It was recommended to receive the Draft Feasibility Report for Project 943 Wescott Road (Pilot Knob Road to Denmark Avenue ? Street Improvements) and schedule a public hearing to be held on November 21, 2006. Q. Final Assessment Rolls - City Projects 926/927/932/933. It was recommended to approve clarification of the assessment roll property identification numbers for City Project No.?s 926 (Saddlehorn / Sunset / Northview Meadows), 927 (Meadowland / Suncliffe / Beaver Dam Road) 932 (Whispering Woods / Slater Acres / Slater Road), and 933 (Town Centre / O?Leary Lane / Golfview). PUBLIC HEARINGS PROJECT 930, SILVER BELL ROAD (NICOLS TO KENNEBEC) STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for street overlay improvements for Silver Bell Road. 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 Fields moved, Councilmember Maguire seconded a motion to approve the Final Assessment Roll for Project 930 (Silver Bell Road ? Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 PROJECT 931, ART RAHN / HILLANDALE STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for street overlay improvements for Art Rahn / Hillandale Additions. 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 Fields moved, Councilmember Maguire seconded a motion to approve the Final Assessment Roll for Project 931 (Art Rahn / Hillandale Additions ? Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 Eagan City Council Meeting Minutes October 17, 2006 Page 3 OLD BUSINESS MODIFICATION OF CONDITIONAL USE PERMIT ? BEST BRANDS ND (LOT 1, BLOCK 1, BEST BRANDS 2 ADDITION) City Administrator Hedges introduced this item regarding a request for a modification to the conditions of approval regarding outside storage with the conditional use permit approved for Best Brands. City Planner Ridley gave a staff report. Councilmembers discussed the proposed modification regarding the bituminous surface and it was the consensus of the Council that the site be inspected annually by City staff. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the request for a modification to the conditions of approval regarding outside storage with the Conditional Use Permit approved for Best Brands nd on Lot 1, Block 1, Best Brands 2 Addition in the SE ¼ of Section 8 with inspection of the recycled asphalt by City staff annually. Aye: 5 Nay: 1 (Maguire opposed) NEW BUSINESS WATER QUALITY MANAGEMENT PLAN PUBLIC COMMENT PERIOD City Administrator Hedges introduced this item regarding the draft Water Quality Management Plan. Eric Macbeth, Water Resources Coordinator presented the plan to the Council. Councilmember Carlson moved, Councilmember Maguire seconded a motion to receive the draft Water Quality Management Plan and authorize a 60 day public comment period beginning October 18, 2006 and closing December 18, 2006. Aye: 5 Nay: 0 WETLAND DELINEATION ? MADELYN WOODS City Administrator Hedges introduced this item regarding the Wetland Delineation Report for Madelyn Woods. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Carlson seconded a motion to receive and affirm the Wetland Delineation Report for Madelyn Woods. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION (MADELYN WOODS) VIRIDIAN VENTURES, LLC City Administrator Hedges introduced this item regarding a Preliminary Subdivision to create eight single-family lots upon approximately 5 acres for property located at 1810 and 1836 Cliff Road. City Planner Ridley gave a staff report. Chuck Ryan, representing the property owner and developer, discussed the proposed subdivision noting that as many trees as possible will be preserved. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision to create eight single-family lots upon approximately 5 acres for property located at 1810 and 1836 Cliff Road in the NE ¼ of Section 32, subject to the following conditions: Aye: 5 Nay: 0 Eagan City Council Meeting Minutes October 17, 2006 Page 4 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, B2, B3, B4, C1, C2, C4, D1, and E1. 2. The property shall be platted. 3. The developer shall prepare and submit a noise abatement plan in accordance with Chapter 13.20, Subd. 15, prior to final subdivision approval. 4. The applicant shall fulfill tree mitigation requirements through the installation of thirty-six (36) Category B trees (or an equivalent combination of Category A and/or Category C trees). 5. The applicant shall submit a revised Tree Preservation Plan prior to Final Subdivision approval that shows the correct placement of tree protection fencing required to protect the critical root zones of all preserved trees. Required 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. 6. The applicant shall contact the City Forestry Division to 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. 7. All retaining walls shall be constructed outside the drainage and utility easements for the pond/wetland areas. 8. All erosion/sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 9. All personnel responsible for the installation of erosion / sediment control devices, and the establishment of vegetation for the development, shall have received Erosion / Sediment Control Inspector / Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 10. Erosion control measures shall be installed and maintained in accordance with City Code and engineering standards. 11. The proposed pipe draining to the easement area from the development shall be extended to the elevation of the existing 24-inch pipe outlet elevation (~elevation 934.8). 12. On-site rate-control ponding for the development shall provide storage to contain the 100-year storm event with a rate of runoff equal to the current pre-development conditions. 13. Stormwater runoff shall be treated on site via one constructed pond. The design and construction of the treatment ponds and infiltration basins shall satisfy City standards and criteria. A cash dedication in lieu of on-site ponding shall be required for that portion of the site that does not drain to the pond. 14. The wetland delineation report for the site shall be explicitly accepted as submitted. 15. All existing well and septic systems on the site, if any, shall be abandoned in accordance with Dakota County and City standards as part of this development. 16. This development shall dedicate public right-of-way along Cliff Road (County Road 32) as required by Dakota County. 17. The entrance monument shall be eliminated or relocated. Alternatively, an agreement may be executed with the City that provides for location of the monument within the right-of-way and its maintenance. 18. This development shall be subject to a cash parks and trails dedication on the six new dwelling units. LONE OAK BUSINESS CAMPUS ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) CITY OF EAGAN City Administrator Hedges introduced this item regarding an Environmental Assessment Worksheet (EAW) for Lone Oak Business Campus. City Planner Ridley gave a staff report. Councilmember Maguire moved, Councilmember Tilley seconded a motion to adopt a Negative Declaration on the need for a Lone Oak Business Campus Environmental Impact Statement (EIS) for the 85 acre property located north of Lone Oak Road and west of Inver Grove Heights in the SE ¼ of Section 1. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE Eagan City Council Meeting Minutes October 17, 2006 Page 5 There were no items. ADMINISTRATIVE AGENDA There were no items. VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Maguire moved, Councilmember Fields seconded a motion to adjourn the meeting at 7: 20 p.m. _______________________________ ___________________________________ Date Administrative Secretary / 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, (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.