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11/09/2006 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota November 9, 2006 A Listening Session was held prior to the regular City Council meeting on November 9, 2006 in the Eagan Room. Norm Gillerman representing the Mendota Heights Athletic Club requested the Council consider an ordinance amendment that would allow charitable gambling, in addition to pull tab, in bars and restaurants. Council directed staff to research the policies of other area cities. Kent Vicara requested the Council consider an ordinance that would prohibit people from asking for money along City streets. Chief of Police McDonald discussed the issue with Mr. Vicara. A regular meeting of the Eagan City Council was held on November 9, 2006 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Carlson, Fields, Tilley, and Maguire. 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 Item to be added to the Consent Agenda - Reschedule final assessment roll for project 877. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Mike Schrader was recognized for 18 years of service with the City of Eagan, retiring after 28 years of law enforcement service. Grant Bolter, new reporter for Sun Current was introduced. CONSENT AGENDA Councilmember Fields 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 October 10, 2006 Special City Council . meeting and the October 17, 2006 regular City Council meeting as presented B. Personnel Items. 1. It was recommended to approve the hiring of Lawrence Mark Kritzeck and David Streefland as Police Officers. 2. It was recommended to accept the letter of resignation from Randy Ragner, Operations Supervisor for Campus Facilities. 3. It was recommended to approve the hiring of a community service office contingent upon successful completion of physical, drug and psychological testing. 4. It was recommended to approve the hiring of Matthew Mack and Barbara Normandin as full- time Managers-on-Duty at the Community Center. 5. It was recommended to accept the resignation from Sherri Nichols, part-time Clerical Tech III in Community Development. C. Check Registers. It was recommended to ratify the check register dated October 19, 2006 and October 26, 2006 as presented. D. Donation. It was recommended to approve a resolution accepting a $825 donation from Home Depot for 06-41 the Fire Department. E. Grant. It was recommended to approve acceptance of a $2,000 grant from the Walmart Foundation to the Eagan Police Department. F. Resignation. It was recommended to accept the resignation of Dean Haehnel from the Egan Airport Relations Commission. G. Liquor License. It was recommended to approve a temporary on-sale liquor license and waive the license fee for Faithful Shepherd Catholic School. Eagan City Council Meeting Minutes November 9, 2006 Page 2 H. Cascade Bay User Rates and 2007 Budget. It was recommended to approve the 2007 Cascade Bay user rates and the 2007 Cascade Bay Budget including elimination of further consideration of the $1,000,000 advance from the Community Investment Fund (CIF). I. Release of Regulatory Agreement. It was recommended to approve the execution of release of regulatory agreement ? Woodridge Apartments. J. Item removed K. Cedar Grove Redevelopment District. It was recommended to authorize cooperation with Dakota County Environmental Services in Site Assessment Project in the Cedar Grove Redevelopment District L. Final Subdivision. It was recommended to approve a Final Subdivision (Oldre Addition) to create two single-family lots upon one acre of land located at 2900 Skyline Drive in the SE ¼ of Section 4. M. Final Subdivision. It was recommended to approve a Final Subdivision (Eagandale Center Industrial Park No. 19) to create two lots upon 3.79 acres located at 3000 Denmark Avenue in the NE ¼ of Section 10. N. Project 776. It was recommended to receive the Final Assessment Roll for Project 776 (Yankee Doodle Road Extension ? Street & Utility Improvements) and schedule a public hearing to be held on December 4, 2006. O. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements within Lots 1 & 2, Block 1, Silicon Graphics and schedule a public hearing to be held on December 4, 2006. P. Release of O?Neill Drive. It was recommended to approve a resolution authorizing the release and 06-42 transfer of jurisdictional authority for a portion of O?Neill Drive within the City of Mendota Heights from the Minnesota Department of Transportation (MnDOT) to City of Eagan, and authorize initiation of annexation proceedings with the City of Mendota Heights. Q. Contract 06-08. It was recommended to reject the bids for Contract 06-08 (North Ridge Drive & Sibley Terminal Industrial Park Storm Drainage Improvements). R. Easement Vacation. It was recommended to receive the petition to vacate a portion of a public drainage nd and utility easement within Lot 1, Block 1, Centennial Ridge 2 Addition, and schedule a public hearing to be held on December 4, 2006. S. Lease Agreement. It was recommended to approve a resolution authorizing the City to enter into a lease 06-43 agreement with Dakota County for the installation of radio communications equipment and support facilities on the Sperry Water Reservoir, and authorize the Mayor and City Clerk to execute all related documents. T. Item Removed. U. Design Contract. It was recommended to approve a contract with JAL Architects for the design of a service building to be constructed at Thresher Fields Park and authorize the Director of Parks and Recreation to sign the contract and any related documents on behalf of the City. V. Project 874. It was recommended to approve an Assessment Settlement Agreement with John Cina for Project 874 (Gift of Mary ? Streets and Utilities) and authorize the Mayor and City Clerk to execute all related documents. W. Ordinance Amendment ?City of Eagan. It was recommended to direct staff to prepare an Ordinance Amendment to Chapter 11 to establish the requirement for a footing inspection for all new pylon signs and an obligation of double sign permit fees for permanent signage installed without a Sign Permit. X. Project 877. It was recommended to reschedule the public hearing for Project 877 to December 4, 2006 PUBLIC HEARINGS CERTIFICATION OF DELINQUENT FALSE ALARM BILLS City Administrator Hedges discussed this item regarding the certification of delinquent false alarm bills to Dakota County stating there are currently ten delinquent false alarm bills, with an assessable amount of $1,570. 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 the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes November 9, 2006 Page 3 CERTIFICATION OF DELINQUENT WEED CUTTING BILLS City Administrator Hedges discussed this item regarding the certification of delinquent weed cutting bills to Dakota County, stating there are currently six delinquent weed cutting bills with an assessable amount of $1,751.88. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Mayor Geagan moved, Councilmember Fields seconded a motion to approve the final assessment roll for delinquent weed cutting bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT UTILITIES City Administrator Hedges discussed this item regarding the certification of delinquent utility bills to Dakota County, stating there are approximately 526 utility bill accounts with delinquent payments in the assessable amount of $101,355.89. 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 Tilley seconded a motion to approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. Aye: 5 Nay: 0 VARIANCE ? LOT 3, BLOCK 1, SPECTRUM BUSINESS PARK SPECTRUM DEVELOPMENT City Administrator Hedges introduced this item regarding a 5-foot and a 10-foot variance to the minimum 20-foot parking setback for an office building on Lot 3, Block 1, Spectrum Business Park. City Planner Ridley gave a staff report. Councilmember Carlson noted that the request was identical to the previous Variance request approved in 2001. Councilmember Maguire moved, Councilmember Fields seconded a motion to approve a 5-foot and 10-foot variance to the minimum 20-foot parking setback for an office building on Lot 3, Block 1, Spectrum Business Park, in the NW ¼ of Section 2. Aye: 5 Nay: 0 PROJECT 928, MEADOWVIEW ROAD / ALEXANDER ROAD STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessments for Project 928, Meadowview Road / Alexander Road street overlay improvements. Public Works Director Colbert noted that as a result of questions raised at the informational meeting regarding assessment amounts, the City Attorney has recommended that the final assessment roll be revised which will require re-notification of all property owners. No action was taken. OUTLOT A, RIVERPARK OFFICE CENTER EASEMENT VACATION Eagan City Council Meeting Minutes November 9, 2006 Page 4 City Administrator Hedges introduced this item regarding an easement vacation for Outlot A, Riverpark Office Center. 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 Carlson moved, Councilmember Fields seconded a motion to approve the vacation of a portion of public drainage and utility easements within Outlot A, Riverpark Office Center and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 OLD BUSINESS CANVASS OF BALLOTS ? NOVEMBER 7, 2006 MUNICIPAL ELECTION City Administrator Hedges noted that state law provides that within seven days after an election, the governing body of a city conducting any election including a special municipal election shall act as the canvassing board, canvass the returns, and declare the results of the election. Councilmember Fields moved, Councilmember Maguire seconded a motion to certify the results of the November 7, 2006 Municipal Election. Aye: 5 Nay: 0 NEW BUSINESS CONSIDER PROPOSAL FROM EAGAN ART HOUSE City Administrator Hedges introduced this item regarding a proposal from the Eagan Art House Board to have the Eagan Art House operations become part of the Parks and Recreation Department. Parks and Recreation Director Johnson gave a staff report. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the proposal from the Eagan Art House Board to have the Eagan Art House operations become part of the Parks and Recreation Department. Aye: 5 Nay: 0 WETLAND DELINEATION REPORT ? WETLAND REPLACEMENT PLAN LONE OAK BUSINESS CAMPUS City Administrator Hedges introduced this item regarding a Wetland Delineation Report / Wetland Replacement Plan for Lone Oak Business Campus. Public Works Director Colbert gave a staff report. Councilmember Tilley moved, Councilmember Carlson seconded a motion to receive and affirm the wetland delineation report and approve the wetland replacement plan by Lone Oak Development, LLC for wetland impacts of the proposed Lone Oak Business Campus development. Aye: 5 Nay: 0 PRELIMINARY PLANNED DEVELOPMENT ? LONE OAK DEVELOPMENT City Administrator Hedges introduced this item regarding a Preliminary Planned Development to create an office park upon approximately 85 acres located north of Lone Oak Road west of Inver Grove Heights. City Planner Ridley gave a staff report. Gary Tushie, Tushie Montgomery Architects, was present to answer questions. Discussion included proposed trails and sidewalks and parking requirements. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve a Preliminary Planned Development to create an office park upon approximately 85 acres located north of Lone Oak Road west of Inver Grove Heights in the SE ¼ of Section 01, subject to the following conditions. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes November 9, 2006 Page 5 1. The developer shall execute a Preliminary Planned Development Agreement which includes the following plans: ? Site Plan ? Building Elevations ? Site Lighting Plan ? Landscaping Plan ? Signage Plan 2. A Final Planned Development Agreement shall be executed for each building/lot of the development. The following plans are necessary for the Final Planned Development Agreement: ? Final Site Plan ? Final Building Elevations ? Final Site Lighting Plan ? Final Landscaping Plan ? Final Signage Plan 3. The property shall be subdivided and platted prior to issuance of any building permits. 4. This development shall be subject to RD, Research and Development, zoning district setback requirements. 5. A minimum of 50% green space shall be provided for the overall development. 6. Parking setbacks shall be provided in accordance with the City?s zoning code. 7. Parking stalls shall be a minimum of 9 feet in width and 18 feet in depth. 8. If additional parking spaces are required by an actual tenant in Buildings 6 or 7 that exceeds the number provided, the additional parking shall be provided through structured parking such that the total green space is not reduced. 9. Buildings 1 and 2 shall not exceed one story and 45 feet in height, and Buildings 3-5 shall not exceed one story and 35 feet in height. Buildings 6 and 7, shall not exceed five stories and 75 feet in height. 10. A detailed landscape plan shall be submitted at the time of Final Planned Development for each building, overlaid on the grading and utility plans and including a landscape schedule, planting specifications and notes, automatic irrigation and signature of certified landscape architect.. 11. A site lighting plan shall be submitted at the time of Final Planned Development for each building. Lighting fixtures shall be consistent throughout the development. Minimum light levels of 0.5 foodcandles shall be provided in all parking lot areas, and light levels shall not exceed one footcandle at the property line. Average to minimum ratios within parking lots shall not be greater than 4:1. 12. Building architecture and materials shall comply wit the City?s architectural standards ordinance. All buildings within this Planned Development shall utilize some common architectural features and materials. 13. Trash enclosures shall be provided in accordance with City ordinances, attached to the principal structure and constructed of materials to match the principal structure with gates or doors having at least 90% opacity. 14. All ground and roof-mounted mechanical equipment shall be screened in accordance with the provisions of the City?s zoning code. 15. Site and building signage shall be subject to City Sign Code standards. One monument sign is permitted for each building and all monument signs in this Planned Development shall be consistent in design and size and be constructed of the same materials. 16. The future park dedication for the development(s) shall be satisfied through a cash dedication, the method and timing of the calculation to be determined through consultation with staff. (payable at the time of building permit at the rates then in effect) 17. The future trails dedication for the development(s) shall be satisfied through a cash dedication. A full credit may be given for portions of a trail within the grade of the primary public roadway, consistent with the City Transportation plan and built to City specifications. Additional credit may be granted, upon staff review, for on-site trails determined to provide connectivity and obvious public value, all found to be consistent with the over-all resource protection measures implemented on the site. 18. Water quality requirements shall be met through the construction of on-site treatment ponds. 19. The developer shall modify the outlet structures of the treatment ponds to increase storage times in the ponds and allow retention of up to 5-year storms and infiltration through side slopes of the ponds to Eagan City Council Meeting Minutes November 9, 2006 Page 6 achieve higher levels of reduction (up to 96%) in infiltration basins, and other low-impact Best Management Practices shall be incorporated as needed to further reduce phosphorus load and runoff volume further. 20. A cash water quality dedication will be due for the amount of land area that drains stormwater off-site without treatment payable at the time of final plat or issuance of building permit, whichever occurs first. 21. The wetland delineation report must be formally accepted by the City Council prior to approval of the Preliminary Planned Development. 22. The City Council must make a formal decision regarding the acceptability of the wetland replacement plan prior to approval of the Preliminary Planned Development. 23. The applicant shall be responsible for submitting a Tree mitigation Plan at the time of Preliminary Subdivision that satisfies any tree mitigation required for the development. Tree mitigation shall be in addition to required landscaping mitigation. 24. The applicant shall protect the preserved trees? critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to 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. 25. 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. 26. 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. 27. 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. 28. Public improvement projects providing for pipe outlets for Ponds FP-8 and FP-9, in accordance with the Storm Water Management Plan, shall be approved by the City Council prior to final subdivision approval for this development. 29. The grading and site plan shall be revised to reflect street grades below 6 percent on the collector roadway. 30. The developer shall provide temporary public easement over the temporary cul-de-sac at the south end of the proposed street. 31. The internal roadway/service drive system of the site plan should be modified to reflect restriction of access to Lone Oak Road per Dakota County requirements. 32. At time of subdivision approvals, this development shall accept the City?s determination of responsibility and per acre costs for mitigative traffic improvements as identified in the Northeast Eagan Area Wide Traffic Study and provide payment of such costs to the City pursuant to an escrow agreement in a form acceptable to the City Attorney. 33. This development shall accept its additional financial obligations as defined in the staff?s report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. 34. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 35. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of ?way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 36. To the extent that cross parking is utilized, cross easements shall be provided at the time of final subdivision in a form acceptable to the City Attorney. 37. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency (in a form acceptable to the City Attorney). Eagan City Council Meeting Minutes November 9, 2006 Page 7 38. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage requirements. 39. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 40. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 41. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 42. The financial guarantee for landscaping shall be included in the Development Contract and shall not be released until two years after the date of City certified compliance. 43. If any improvements are improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. 44. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. RESOLUTION OF SUPPORT FOR CEDAR GROVE TRANSIT/BRT STATION CONCEPT PLAN City Administrator Hedges introduced this item regarding support for the Cedar Grove Transit/BRT Station concept plan. Community Development Director Hohenstein introduced Beverly Miller, MVTA who thanked the Council for consideration of the proposed concept plan. Theresa Olson, TKDA, made a presentation regarding the BRT station concept plan. Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve a resolution of support for 06-44 the Cedar Grove Transit/BRT Station Concept Plan. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE APPROVE SUBMITTAL OF LEGISLATION TO IMPROVE REPRESENTATION OF THE NOISE OVERSIGHT COMMUNITIES ON THE METROPOLITAN AIRPORTS COMMISSION City Administrator Hedges discussed proposed legislation from the local Noise Oversight Committee regarding community representation on the Metropolitan Airports Commission. Jason Ziemer made a presentation regarding the proposed legislation. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the proposed legislation from the local Noise Oversight Committee regarding community representation on the Metropolitan Airports Commission. Aye: 5 Nay: 0 The regular City Council meeting was recessed at 7:45 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 8:00 p.m. ADMINISTRATIVE AGENDA Councilmember Carlson moved, Councilmember Tilley seconded a motion to schedule a Special City Council meeting for Tuesday, November 21 at 4:00 p.m. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Eagan City Council Meeting Minutes November 9, 2006 Page 8 Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the meeting at 8:05 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). 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