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11/20/2007 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota November 20, 2007 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Carlson, Tilley and Bakken. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, November 20, 2007 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Carlson, Fields, Tilley and Bakken. 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 City Administrator Hedges noted there would be a Closed Session to discuss labor negotiations. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Mayor Maguire noted the opening of the Cyber Café at the Community Center and also ?Chillin Out? a community event promoting wellness. CONSENT AGENDA City Administrator Hedges noted a change on item S. Councilmember Bakken 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 November 5, 2007 regular City Council meeting, as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Karin Engen as a Police Officer 2. It was recommended to approve the transfer of Nicky Cook from Code Enforcement Tech to Police Officer 3. It was recommended to approve the transfer of Kerry Phillips from a part-time Manager-on-Duty (no benefits) to a permanent part-time Recreation Program Supervisor in charge of Community Events and Youth Programming at the Community Center. 4. It was recommended to approve an IT Department reorganization pan including the following elements: ? Authorized an IT Supervisor Position ? Reclassification of the IT Coordinator position to IT Manager C. Check Registers. It was recommended to ratify the check registers dated November 8 and November 15, 2007 as presented. D. Schedule meeting. It was recommended to schedule the first meeting in 2008 as January 3. E. Liquor Licenses. It was recommended to approve the renewals of existing liquor licenses for 2008. F. Funding Plan. It was recommended to approve a fire apparatus funding plan. G. Assessment Deferment. It was recommended to approve an application for a senior citizen deferment of special assessments for parcel 10-00888-30-04. 07-51 H. Grant. It was recommended to approve a resolution accepting a $2,200 Grant from Factory Mutual Insurance Company for the Fire Department. Eagan City Council Meeting Minutes November 20, 2007 Page 2 I. Space Needs Assessment. It was recommended to authorize the Fire Department to enter into an agreement with CNH Architects to conduct a space needs assessment for a potential replacement fire station. J. Release of Agreement. It was recommended to approve release of a Park Dedication Agreement for the subdivision known as Galaxie Cliff Plaza Third Addition, and authorize the mayor and City Clerk to sign the same. K. Removed L. Project 953. It was recommended to receive the Draft Feasibility Report for Project 953, Cedar Grove No. 1 & 2 (Street & Utility Improvements) and schedule a public hearing to be held on December 18, 2007. M. Project 954. It was recommended to receive the Draft Feasibility Report for Project 954, Glory Drive / Cedar Ridge Circle (Street Improvements) and schedule a public hearing to be held on December 18, 2007. N. Project 955. It was recommended to receive the Draft Feasibility Report for Project 955, Safari Estates (Street Improvements) and schedule a public hearing to be held on December 18, 2007. stnd O. Project 956. It was recommended to receive the Draft Feasibility Report for Project 956, Briar Hill 1 / 2 th / 4 Additions (Street Improvements) and schedule a public hearing to be held on December 18, 2007. P. Project 957. It was recommended to receive the Draft Feasibility Report for Project 957, Blackhawk Oaks Addition (Street Improvements) and schedule a public hearing to be held on December 18, 2007. Q. Project 958. It was recommended to receive the Draft Feasibility Report for Project 958, Towerview Road (Street Improvements) and schedule a public hearing ot be held on December 18, 2007. R. Project 959. It was recommended to receive the Draft Feasibility Report for Project 959, Eden Addition (Street Improvements) and schedule a public hearing to be held on December 18, 2007. S. Contract 07-04. It was recommended to approve Change Order No. 1 for Contract 07-04 (Boulder Lakes ? Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. T. Contract 06-01. It was recommended to approve Change Order Number 5 and Work Order Numbers 39- 40 for Contract 06-01, TH 149 Reconstruction. U. Release of Agreements. It was recommended to: A. Approve Release of Postponed Water Assessment Area Assessment; B. Approve Release of Park Dedication Agreement; C. Approve Estoppel Certificate for AUAR Mitigated Traffic Improvements; and D. Approve Planned Unit Development Estoppel Certificate V. Release of Contract. It was recommended to approve the release of a Development Contract between the City of Eagan and Wings Financial Federal Credit Union for Wings Addition. PUBLIC HEARINGS There were no public hearings. OLD BUSINESS PRELIMINARY SUBDIVISION (DG WELDING FIRST ADDITION) City Administrator Hedges discussed this item regarding a Preliminary Subdivision to create two lots upon approximately 8.4 acres located at 3265 Sun Drive and 3245 Terminal Drive which was continued from the October 16 and the November 5 Council meetings. He noted that the item had been continued to allow staff and the applicant time to discuss a public access easement. The applicant is requesting the application be continued indefinitely pending negotiations with the City. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue indefinitely the consideration of a Preliminary Subdivision to create two lots upon approximately 8.4 acres located at 3265 Sun Drive and 3245 Terminal Drive. Aye: 5 Nay: 0 NEW BUSINESS PRELIMINARY SUBDIVISION (CLEARVIEW 4TH ADDITION) ? Eagan City Council Meeting Minutes November 20, 2007 Page 3 RICHARD, ANGELA AND MARTIN DE WITT City Administrator Hedges introduced this item regarding a Preliminary Subdivision of .72 acres to create two single family lots for property located at 1820 Beecher Drive. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Carlson seconded a motion to approve a Preliminary Subdivision of .72 acres to create two single family lots for property located at 1820 Beecher Drive in the SE ¼ of Section 29, subject to the following conditions: Aye: 5 Nay: 0 1. The property shall be platted. 2. This development shall be responsible for a cash park and trails dedication based on the rates in effect at the time of Final Subdivision. 3. A cash dedication in lieu of on-site water quality ponding should be required for this development. 4. An individual lot tree preservation plan shall be submitted at the time of building permit application for Lot 2, Block 1. ND PRELIMINARY SUBDIVISION (WATERS ANNEX 2 ADDITION) PLANNED DEVELOPMENT AMENDMENT AND VARIANCES ? CSM CORPORATION City Administrator Hedges introduced this item regarding a Preliminary Subdivision to create three lots and one outlot upon approximately 42.5 acres, a Planned Development Amendment to amend the preliminary site plan for Waters Annex, and Variances to wetland buffer requirements of the City?s new Wetland Protection and Management Regulations, on property located east of Lone Oak Drive and Lone Oak Parkway. City Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a Preliminary Subdivision nd (Waters Annex 2 Addition to create three lots and one outlot upon approximately 42.5 acres located east of Lone Oak Drive and Lone Oak Parkway, legally described as Lot 1, Block 1 and Outlots A, B, and C, Waters Annex, 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, and B4 2. The property shall be platted. 3. A final Landscape Plan will be required for each lot at the time of Final PD or building permit. The Final Landscape Plan should comply with the City?s landscape ordinance, and utilize similar materials and design elements as have been established with the initial construction on Lot 1. 4. The developer shall be responsible for an easement vacation, prior to an applicable building permit on Lot 1. 5. The developer shall provide a reciprocal ingress/egress easement in a form acceptable to the City Attorney. 6. This development shall be subject to Wetland Protection and Management Regulations (City Code 11.67). 7. The developer shall provide a conservation easement in a form acceptable to the City Attorney over all wetland and wetland buffer areas. 8. The Variances from Wetland Buffer requirements totaling six minor occurrences must be approved separately by the City Council, with more than the minimum required wetland buffer area included in the required conservation easement to mitigate for the variances. 9. This proposal shall be subject to a cash parks dedication, payable at the time of building permit at the rates then in effect. 10. This proposal shall be subject to a cash trails dedication, payable at the time of building permit at the rates then in effect. Councilmember Carlson moved, Councilmember Fields seconded a motion to amend the Preliminary Site Plan for Waters Annnex upon approximately 42.5 acres located east of Lone Oak Drive and Lone Oak Parkway, legally Eagan City Council Meeting Minutes November 20, 2007 Page 4 described as Lot 1, Block 1 and Outlots A, B and C, Waters Annex, in the SW ¼ of Section 1, subject to the following conditions: Aye: 5 Nay: 0 1. The property shall be platted. 2. A Final Landscape Plan shall be required for each lot at the time of Final Planned Development or building permit. 3. This development shall be subject to the City?s ordinance standards for screening of mechanical equipment. The effectiveness of proposed screening will need to be demonstrated at the time of Final Planned Development. 4. This PD Amendment is intended to supplement and amend the existing Preliminary Planned Development pertaining to this site. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve Variances to the Wetland Buffer requirements of the City?s new Wetland Protection and Management Regulations (City Code §11.67) adopted in July 2007, subject to the following conditions. Aye: 5 Nay: 0 1. The developer shall provide a conservation easement area over 50% more wetland buffer area than is minimally required (201,834 square feet versus 103,376 square feet). LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items. The regular City Council meeting was recessed at 6:50 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 6:55 p.m. ADMINISTRATIVE AGENDA 1. 2008 Landfill Abatement Application. City Administrator Hedges discussed the 2008 Funding Application from Dakota County to operate a recycling program for the cities of Eagan, Apple Valley and Burnsville. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the submission of the 2008 Funding Application from Dakota County to operate a Recycling Program for the cities of Eagan, Apple Valley and Burnsville. Aye: 5 Nay: 0 VISITORS TO BE HEARD Ted Wachter, former Councilmember, expressed is appreciation to the community for the overwhelming support in voting against the proposed Charter. Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 7:00 p.m. to a Closed Session to discuss labor negotiations. _______________________________ ___________________________________ 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). Eagan City Council Meeting Minutes November 20, 2007 Page 5 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.