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05/16/2006 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota May 16, 2006 A Listening Session was held prior to the regular City Council meeting at 6:00 p.m. in the Eagan Room. Present were Mayor Geagan, Councilmembers Fields, Maguire, Carlson and Tilley. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on May 16, 2006 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, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, 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 Jerry Walerak, outgoing Chair of the Gun Club Lake Watershed Management Organization gave a presentation regarding the donation of an interpretive sign by the Gun Club Lake Watershed Management Organization about the Moonshine Park Shoreland Habitat Project. Outgoing Advisory Commission members were recognized for their years of service as follows: Carla Heyl ? 9 years (3 previous years) = 12 years on APC Ted Gladhill ? 4 years on APC Duey Bendt ? 5 years on APC Jenifer Matthees ? 2 years on APC Terry Davis ? 9 years on APrC Nathan Krahn ? 3 years on ARC Daniel Flanagan ? 3 years on ARC Stephen Nierengarten ? 3 years on ARC Valerie Dosland ? 2 years on ARC Jerry Walerak ? 3 years on WMO CONSENT AGENDA It was noted that item M was removed from the consent agenda due to previous approval. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the balance of the consent agenda as presented. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the May 2, 2006 regular City Council meeting, the April 24, 2006 Special City Council meeting, the April 25, 2006 special City Council meeting and the . April 24 joint meeting with the Burnsville City Council as presented B. Personnel Items. 1. Pulled for discussion. Letter of resignation from Chief of Police Kent Therkelsen. 2. It was recommended to approve the hiring of Paul Bailey as a Water Production Worker I the Utilities Department. 3. It was recommended to approve the hiring of Mike Walerak as a seasonal water resources assistant. 4. It was recommended to approve the hiring of Brandon Barnes, Luke Birkholz and John Tweet as seasonal engineering aides/interns. Eagan City Council Meeting Minutes May 16, 2006 Page 2 5. It was recommended to approve the hiring of Alyssa Grogan, Dan Grounds and Jill Strehle as part-time concessions/building attendants at the Community Center. C. Check Registers. It was recommended to ratify the check registers dated May 4, 2006 and May 11, 2006 as presented. D. Resignation. It was recommended to accept the resignation of Daniel Flanagan From the Eagan Airport Relations Commission. 06-16 E. Resolution. It was recommended to adopt a resolution to participate in Dakota County Hazard mitigation Planning Process. F. Equipment Budget. It was recommended to approve amendments to the 2006 Equipment Revolving Fund Budget. G. General Facilities Renewal and Replacement Budget. It was recommended to approve an amendment to the General Facilities Renewal and Replacement Budget and approve change order #1 to contract 06-03, City-wide street improvements (Fire Station #5 ? reconstruction) and authorize the Mayor and City Clerk to execute all related documents. H. Proclamation. It was recommended to proclaim June, 2006 as Eagan Lakes Appreciation Month and 06-17 authorize the Mayor and City Clerk to execute all related documents. I. Project 768. It was recommended to approve a federal funding agreement for preliminary engineering for Project 768 (Northwood Parkway ? Ring Road Extension ? Bridge and Street Improvements) with the Minnesota Department of Transportation (MN/DOT) and authorize the Mayor and Deputy City Clerk to execute all related documents. J. Contract 06-07. It was recommended to approve the plans and specifications for Contract 06-07 (Cityside Sanitary Sewer Lining Improvements) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, June 8, 2006 at the City Utility Building. K. Inspection Services Agreement. It was recommended to approve a Blanket Partnership Agreement with the Minnesota Department of Transportation (MnDOT) and authorize designated City Staff to execute work orders for requested engineering services. L. Project 939. It was recommended to approve an agreement with Dakota County and Inver Grove Heights to conduct a Traffic Demand Model Study for the County Road 63 corridor, and authorize the Mayor and City Clerk to execute all related documents. M. QWEST Land Lease Agreements. It was recommended to approve new land lease agreements with Qwest for their current telecommunications switching buildings and authorize the Mayor and City Clerk to execute all related documents. N. Contract 06-03. It was recommended to approve Change Order No. 2 (misc. street repair) to Contract 06- 03 (Citywide ? Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. O. Comments ? Rosemount Comprehensive Guide Plan Amendments. It was recommended to approve comments to the City of Rosemount regarding the Comprehensive Guide Plan Amendment for properties located on Highway 3. P. Contract ? Miniature Golf Course. It was recommended to award the contract to Harris Miniature Golf Courses, Inc. In the amount of $158,419 for the construction of Captain?s Course, a nine-hole miniature golf course within Cascade Bay and authorize the Mayor to sign all appropriate documents. Q. RFP ? Security Officer Services. It was recommended to authorize the advertisement of requests for proposals to provide security officer services for events serving alcohol at the Eagan Community Center. R. Amendment to Contract. It was recommended to authorize an amendment to the exclusive beverage contract that covers the Eagan Community Center to allow for events that may carry over to other city facilities as defined and approved by the City Council. S. Hazmat Trailer. It was recommended to declare the fire department hazmat trailer surplus and authorize the sale of this trailer to the Dakota County Special Operation Team for the amount of $3,500. T. Energy Conservation Measure Report. It was recommended to receive the Energy Conservation Measure Report for the Eagan Community Center prepared by Harris Companies and recommend conservation measures. 06-18 U. Exempt Permit. It was recommended to approve an Exempt Permit for Experimental Aircraft Association, Chapter 25, to hold a raffle on October 8, 2006 at Eagan Community Center. Eagan City Council Meeting Minutes May 16, 2006 Page 3 V. On-Sale Liquor License. It was recommended to approve a change in management on the on-sale liquor license for Joe Senser?s of Eagan, Inc., dba Joe Senser?s Sports Bar & Grill. W. Off-Sale Liquor License. It was recommended to approve the off-sale liquor icense for CJ of Eagan LLC, dba Comers Liquors, 3090 Courthouse Lane. X. Contract 05-10. It was recommended to approve the final payment for Contract 05-10 (Pond AP-9-Storm Sewer Improvements) in the amount of $1,827.25 to G.L. Contracting, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. Y. Award of Contract. It was recommended to award the contract to Hoisington Koegler Group in the amount of $43,000 for the preparation of the Patrick Eagan Park Master Plan and authorize the Mayor to sign all appropriate documents. Personnel Item: A. Chief of Police Therkelsen was recognized for his years of service, with the announcement of his new position as Executive Director of the Dakota County Communications Center. Councilmember Fields moved, Councilmember Maguire seconded a motion to accept the resignation of Kent Therkelsen. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the remainder of the personnel items. Y. Patrick Eagan Park Master Plan. Councilmember Tilley suggested that members of the Friends of Patrick Eagan Park be consulted in regard to the master plan. Staff indicated that various interest groups, including Friends of the Patrick Eagan Park, will be asked for input by the consultant HKG. Councilmember Tilley moved, Mayor Geagan seconded a motion to award the contract to Hoisington Koegler Group in the amount of $43,000 for the preparation of the Patrick Eagan Park Master Plan and authorize the Mayor to sign all appropriate documents. Aye: 5 Nay: 0 PUBLIC HEARINGS VARIANCE ? SCOTT AND KRISTIN SEACRIST City Administrator Hedges introduced this item regarding a request for a 5-foot Variance to the required 30 foot front yard setback at 1238 Carlson Lake Lane for the purpose of reconstructing a deck. City Planner Ridley 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 Maguire moved, Councilmember Tilley seconded a motion to approve a 5-foot Variance to the required 30 foot front yard setback for Lot 7, Block 3, Wilderness Park Addition at 1238 Carlson Lane for the purpose of reconstructing a deck 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 for the deck must be obtained before any construction work may begin. 3. The deck shall not exceed the proposed size of 5? x 18? and shall not encroach any further that 5 feet into the front yard setback. OLD BUSINESS There was no old business. Eagan City Council Meeting Minutes May 16, 2006 Page 4 NEW BUSINESS BLACKHAWK ROAD / GALAXIE AVENUE NO PARKING City Administrator Hedges introduced this item regarding state aid standards that require the prohibition of parking on all state aid designated roadways, which now includes Blackhawk Road / Galaxie Avenue. Public Works Director Colbert gave a staff report. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve a resolution to prohibit 06-19 parking on the east and west sides of Galaxie Avenue between Plaza Drive and Cliff Road (CSHA 32), and on the east and west sides of Blackhawk Road between Cliff Road (CSAH 32) and Beecher Drive, and authorize the Mayor and Deputy City Clerk to execute all related documents. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, AND PRELIMINARY SUBDIVISION ? OAK HILLS CHURCH City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment changing the land use designation from Quasi-Public to Low Density Residential on approximately 0.94 acres, a rezoning from Public Facilities to Single Family Residential, and a preliminary subdivision to create two lots located at 1570 Yankee Doodle Road. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Comprehensive Guide Plan amendment changing the land use designation from QP (Quasi-Pubic) to LD (Low Density) approximately 0.94 acres to create two single-family lots located at the southwest corner of the property at 1570 Yankee Doodle Road (east of Coachman Road opposite the entrance to the City Maintenance Facility) in the NW ¼ of Section 16. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Rezoning of 0.94 acres from PF, Public Facilities to R-1, Single-Family Residential, located at the southwest corner of the property at 1570 Yankee Doodle Road (east of Coachman Road) in the NW ¼ of Section 16. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision to create two lots upon 0.94 acres located at the southwest corner of the property at 1570 Yankee Doodle Road (east of Coachman Road) in the NW ¼ of Section 16, 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, B1, B4, C1, D1, and E1. 2. The property shall be platted. 3. The developer shall construct the sanitary sewer services to Lots 1 and 2 using trenchless technology, without disturbing the paved surface of Coachman Road. 4. The developer shall provide the trail easement necessary to construct the trail segment along the east side of Coachman Road north of the existing entrance to the church on Lot 1, Block 1 Oak Hills Church Addition, in a form acceptable to the City Attorney. 5. The developer shall be responsible for construction of the trail along the east side of Coachman Road nd adjacent to this development (Oak Hills Church 2 Addition). 6. This development shall dedicate drainage and utility easements to an elevation three feet above the calculated 100-year storm event elevation of Pond CP-1 (to elevation 835.2). 7. Individual Lot Tree Preservation Plan shall be submitted at the time of building permit application for Lots 1 and 2, Block 1. 8. A cash dedication in lieu of on-site water quality ponding should be required for this development. 9. This development shall be responsible for cash park and trails dedications, payable at the time of final plat at the rates then in effect. Eagan City Council Meeting Minutes May 16, 2006 Page 5 PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION CSM (WATERS ANNEX) City Administrator Hedges introduced this item regarding a Preliminary Planned Development for one office building and three office / warehouse buildings; and a Preliminary Subdivision to create four lots upon approximately 42.5 acres located east of Lone Oak Drive and Lone Oak Parkway. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Preliminary Planned Development for one office building and three office/warehouse buildings upon approximately 42.5 acres legally st described as Lots 1 and 2, Block 1, Silicon Graphics 1 Addition, located east of Lone Oak Drive and Lone Oak Parkway in the SW ¼ of Section 1, subject to the following conditions: Aye: 5 Nay: 0 1. A Preliminary Planned Development Agreement shall be executed and recorded with the Dakota County Recorder?s office. The following plans are required for the Preliminary Planned Development Agreement: ? Preliminary Site Plan ? Preliminary Building Elevations ? Preliminary Landscape Plan ? Preliminary Signage Plan 2. A Final Planned Development Agreement shall be executed for each phase and lot within the development site. 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 platted. 4. Warehouse is limited to 40% of the building area for each of Lots 1, 2, and 3. Warehouse use is not permitted on Lot 4. 5. Outside storage within this Planned Development shall be prohibited. 6. Any outside trash storage shall be within an enclosure that is attached to the principal building and constructed with the same materials as the principal building. 7. All mechanical equipment, either ground or roof-mounted, shall be screened from views from off the site. 8. Architectural buildings elevations submitted prior to the May 16 City Council meeting are deemed acceptable. 9. Parking for Lot?s 1 & 2 shall be shared and the developer shall provide evidence of a private ingress/egress easement, in a form acceptable to the City Attorney. 10. The architect shall provide calculations for the allocation of different exterior materials for each building at the time of Final Planned Development. 11. Each building shall be allowed one free-standing monument sign. Building signage will be subject to City Code standards. 12. Site lighting shall be indirect and diffused or shielded. Lighting shall not be directed upon public rights-of-way and the source of light shall not be visible from off the property. 13. The same light fixtures shall be utilized throughout the development. 14. The Final Landscape Plan shall be signed by a registered Landscape Architect. 15. The planting specs for the Landscape Plan shall be revised to indicate ?no mulch in direct contact with the tree trunk?. 16. The developer shall submit an updated wetland delineation report to the City for formal acceptance prior to Final Subdivision and Final Planned Development approval. 17. Stormwater runoff shall be managed by construction of three treatment ponds and by reducing runoff through disconnected rooftops, infiltration areas, filtration swales, and proof of parking areas. Eagan City Council Meeting Minutes May 16, 2006 Page 6 18. Wetland buffer protections shall be applied according to preliminary standards of the Water Quality Task Force, to the extent it is reasonable and practical for the development. 19. This development shall comply with the City of Eagan Tree Preservation Ordinance. The Preliminary Development Plans show tree removal within the allowable limits. Any additional tree removal necessary during construction will be subject to review by the City Forester for compliance with the Tree Preservation Ordinance and any mitigation requirements, if necessary. 20. This development shall be subject to a cash dedication for parks and trails, payable at the time of building permit at the rates then in effect. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision to st create four lots upon approximately 42.5 acres legally described as Lots 1 and 2, Block 1, Silicon Graphics 1 Addition, located east of Lone Oak Drive and Lone Oak Parkway in the SW ¼ of Section 1, 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, B1, B3, B4, C1, C2, C4, D1 and E1. 2. The property shall be platted. 3. 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. 4. 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. 5. 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. 6. The developer shall construct outlet skimmers, in accordance with City engineering standards, on all pond and wetland pipe outlets. 7. Modification median openings on Lone Oak Drive and Lone Oak Parkway necessary to accommodate two of the proposed accesses shall be the responsibility of the developer. 8. Evidence of private ingress/egress easement, in a form acceptable to the City Attorney, allowing for nd use of the existing service drive over Lot 1, Block 1 Cray 2 Addition (Ecolab) shall be provided prior to final subdivision approval for this development. 9. The developer shall submit an updated wetland delineation report to the City for formal acceptance prior to Final Subdivision and Final Planned Development approval. 10. Stormwater runoff shall be managed by construction of three treatment ponds and by reducing runoff through disconnected rooftops, infiltration areas, filtration swales, and proof of parking areas. 11. Wetland buffer protections shall be applied according to preliminary standards of the Water Quality Task Force, to the extent it is reasonable and practical for the development. 12. This development shall comply with the City of Eagan Tree Preservation Ordinance. The Preliminary Development Plans show tree removal within the allowable limits. Any additional tree removal necessary during construction will be subject to review by the City Forester for compliance with the Tree Preservation Ordinance and any mitigation requirements, if necessary. 13. The developer shall be required to contact the City Forestry Division and schedule 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. 14. This development shall be subject to a cash dedication for parks and trials, payable at the time of building permit at the rates then in effect. ORDINANCE AMENDMENT TO IMPLEMENT A CITY WIDE MORATORIUM ON THE ISSUANCE OF LICENSES FOR THE HARBORING OF PIGEONS Eagan City Council Meeting Minutes May 16, 2006 Page 7 City Administrator Hedges provided background information regarding a proposed ordinance amendment pertaining to the issuance of licenses for the harboring of pigeons. Council directed staff to contact Eric Drenckhahn and group for input into the new ordinance. Councilmember Carlson moved, Councilmember Maguire seconded a motion to adopt an ordinance amendment to implement a City wide moratorium on the issuance of licenses for the harboring of pigeons. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges updated the Council regarding the legislation regarding eminent domain. The regular City Council meeting was recessed at 7:17 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 7:40 p.m. ADMINISTRATIVE AGENDA There were no items. VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 7:45 p.m. Aye: 5 Nay: 0 _____________________________ ___________________________________ 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.