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10/15/2002 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota October 15, 2002 A regular meeting of the Eagan City Council was held on Tuesday, October 15, 2002 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Bakken, Carlson, Fields and Tilley. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira McGarvey. AGENDA City Administrator Hedges stated that item G under the Consent Agenda had been withdrawn by the applicant, and item D under Public Hearings is being combined with Item A under New Business. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Alan Miller, Chairperson of the Burnsville/Eagan Telecommunications Commission, reported on national and state conferences he attended on behalf of the Commission and Cities. A segment of Community Journal, a cable television production, regarding the City?s recent storm mitigation projects was shared with the public. CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the October 1, 2002 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Christopher Meade as a police dispatcher. 2. It was recommended to approve the hiring of Brian Polkowski, Kristofer Wilson, Brennan Squires, Mike Kabakov, Blake Jorgenson, Chad Hanson, Breanna Mason, Bill Osborn, Amber Stevenson and Nick Osborne as part-time seasonal skate guards at the Civic Arena. 3. It was recommended to approve the hiring of Randy Hanson, Torey Flategraff, Mellisa Smith and Kris Kraft as part-time seasonal supervisors at the Civic Arena. 4. It was recommended to approve the hiring of Laura Kennedy, Jenna Schaefer, Jennifer Lopac, Theresa McMahon, Megan McMahon, Denise Hall, Lindsey Taylor and Rachel Carlin as part-time seasonal concessions workers at the Civic Arena. 5. It was recommended to approve the hiring of Marv Volden as a part-time seasonal custodial worker at the Civic Arena. 6. It was recommended to approve an amendment to the City of Eagan Basic Personnel Policy, Section Twenty-Six, Public Relations. C. Check Registers. It was recommended to ratify the check registers dated October 3, 2002 and October 10, 2002 as presented. 02-77 D. Health Care and Dependent Day Care Expense Reimbursement Plan. It was recommended to approve a resolution adopting the amended and restated City of Eagan Health Care and Dependent Day Care Expense Reimbursement Plan. 02-78 E. Preliminary Planned Development and Preliminary Subdivision . It was recommended to approve a Final Planned Development for eight single-family lots with a private street on approximately 2.2 acres located west of Woodgate land and south of the highline Trail in the SE ¼ of Section 29; and It was recommended to approve a Final Subdivision to create eight single-family lots and two outlots on approximately 2.5 acres located west of Woodgate Lane, north and south of the Highline Trail in the SE ¼ of Section 29. F. Final Subdivision and Final Planned Development. It was recommended to approve a Final 02-79 Subdivision to create two lots on approximately 17 acres located north of Erin Drive and west of Nicols Road in the SW ¼ of Section 30; and It was recommended to approve a Final Planned Development for Lot 2, Block 1, Cedar Villas for construction of 104 townhome units. Eagan City Council Meeting Minutes October 15, 2002 Page 2 G. Final Plat. Withdrawn by applicant. Final Plat (Neisius Addition) H. APC Commission Resignation. It was recommended to acknowledge the resignation of Advisory Planning Commissioner Stackhouse. I. Comprehensive Plan Amendment. It was recommended to approve the implementation of the Special Area #7 Comp Plan amendment. J. Preliminary Planned Development ? BCBSM. It was recommended to approve the Preliminary Planned Development for the Blue Cross Blue Shield of Minnesota Master Plan subject to the conditions listed in the June 26, 2001 Advisory Planning Commission meeting minutes. K. Project 881. It was recommended to receive the petition and authorize the preparation of a Feasibility Report by the City Engineer for Project 881 (Erik?s Boulevard Street Lighting Improvements). L. MNDOT Speed Study. It was recommended to approve a resolution requesting a Minnesota 02-80 Department of Transportation speed study for Central Parkway from Yankee Doodle Road to Pilot Knob Road. M. Project 800R. It was recommended to approve the easement agreement for Project 800R (Cedar Grove Access Reconfiguration ? Street and Utility Improvements), and authorize the Mayor and City Clerk to execute all related documents. N. Project 866. It was recommended to approve the easement agreement for Project 866 (Cedar Grove Redevelopment Area Streetscaping), and authorize the Mayor and City Clerk to execute all related documents. O. Project 859. It was recommended to approve the resolution requesting funding from the Minnesota 02-81 Department of Transportation through a cooperative agreement for Project 859 (TH 55, Lexington Avenue, Blue Gentian Road ? Intersection Reconfiguration) and authorize the Mayor and City Clerk to execute all related documents. P. Project 880. It was recommended to approve the resolution requesting funding from the Minnesota 02-82 Department of Transportation through a cooperative agreement for Project 880 (Trunk Highway 13 and Silver Bell Road ? Intersection Reconfiguration) and authorize the Mayor and City Clerk to execute all related documents. Q. ECVB. It was recommended to approve renewal of agreement with Eagan Convention and Visitors Bureau for 2003. R. 2003 Stable License Renewal. It was recommended to approve 2003 Stable License renewal for Diamond T Ranch. S. 2003 Funding Application to Dakota County for Community Landfill Abatement Grant. It was recommended to approve the submission of the 2003 Funding Application for $86,615 from Dakota County to operate a Recycling Program for the Cities of Eagan and Burnsville. T. Contract 02-03. It was recommended to approve the final payment for Contract 02-03 (Ches Mar / Ches Mar East / Parkcliff / Woodgate Additions ? Street Overlay) in the amount of $29,566.56 to McNamara Contracting, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. U. Gift of Mary ? TH 55 Frontage Road. It was recommended to receive the petition and authorize the expansion of the feasibility report by the City Engineer for Project 874 (Gift of Mary ? TH 55 Frontage Road and Utility Extensions). V. Contract 01-05. It was recommended to approve Change Order No. 2 to Contract 01-05 (Cedar Grove Access Modifications) and authorize the Mayor and City Clerk to execute all related documents. W. DNR Shoreland Habitat Grant. It was recommended to adopt recommendation by Advisory Parks Commission (tentative) to authorize submission of a proposal for a Minnesota Department of Natural Resources Shoreland Habitat Program grant. X. Tree Maintenance Contractor License. It was recommended to approve a Tree Maintenance Contractor License for John Held, 13569 Stumpf Road, Pierz, MN. Y. Entrance Signs to the City. It was recommended to authorize the installation of ?City of Eagan Welcomes You? signs on all streets entering the City of Eagan. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the consent agenda as amended. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes October 15, 2002 Page 3 PUBLIC HEARINGS PROJECT 856, CHES MAR ADDITIONS ? STREET OVERLAY FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding final assessments for the Ches Mar Additions street overlay project. Public Works Director Colbert gave a staff report. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the final assessment roll for Project 856 (Ches Mar Additions ? Street Overlay) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 852, POST ADDITION / RUSTIC HILLS DRIVE / OSTER ADDITION STREET OVERLAY FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding final assessments for Post Addition, Rustic Hills Drive and Oster Addition street overlay project. He noted a letter of objection had been received just prior to the meeting. Public Works Director Colbert gave a staff report. Mayor Awada opened the public hearing. Mary O?Hearn, 2888 Sibley Hills Drive, identified herself as the author of the objection letter the Council just received but had nothing further to add. There being no public comment, she closed the public hearing and turned discussion back to the Council. The Council discussed the issue of the final assessment coming in higher than the estimate presented at the original public hearing and the consensus was to reaffirm that it has not been the City?s policy to guarantee estimated amounts and that the final assessments should be based on the actual costs incurred, subject to benefit received. Director Colbert stated that the courts had recently sustained a previous similar assessment amount for a similar property Councilmember Tilley moved, Mayor Awada seconded a motion to approve the final assessment roll for Project 852 (Post Addition / Rustic Hills Drive / Oster Addition ? Street Overlay) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 TH LOT 22, BLOCK 3, LEXINGTON SQUARE 7 ADDITION (995 KETTLE CREEK ROAD) EASEMENT VACATION City Administrator Hedges introduced this item regarding a request for the vacation of public drainage and utility easements at 995 Kettle Creek Road to allow the construction of an 11 foot wide addition to the existing garage structure over 11 feet of the 25 foot wide easement. Public Works Director Colbert gave a staff report, and indicated that Engineering Division Staff have found that it would not be in the City?s best interests for the City Council to approve the vacation. The easement provides the necessary access to an important trunk storm sewer line and a vacation would compromise the City?s ability to adequately maintain this pipe in case of an emergency and any future maintenance could compromise the structural integrity of the proposed addition. Mayor Awada opened the public hearing. The applicant discussed his request and questioned staff regarding the reasons for recommendation of denial. There being no further public comment, Mayor Awada closed the pubic hearing and turned discussion back to the Council. Mayor Awada moved, Councilmember Tilley seconded a motion to deny the requested vacation of public th drainage and utility easements as described within Lot 22, Block 3, Lexington Square 7 Addition (995 Kettle Creek Road). Aye: 5 Nay: 0 Eagan City Council Meeting Minutes October 15, 2002 Page 4 SILVER BELL ROAD (KENNEBECK DRIVE ? VOGEPOHL ADDITION RIGHT-OF-WAY VACATION City Administrator Hedges introduced this item regarding a right of way vacation request for Silver Bell Road ( Kennebeck Drive) in the Vogepohl Addition. Public Works Director Colbert recommended that the public hearing be closed and action be continued on the vacation of public right-of-way, for consideration with the Final Plat and Subdivision for the Vogelpohl Addition. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to continue any action of the vacation of public right-of-way of Silver Bell Road (Kennebeck Drive), for the consideration with the Final Plat and Subdivision for the Vogepohl Addition. Aye: 5 Nay: 0 OLD BUSINESS CONDITIONAL USE PERMIT, RIGHT-OF-WAY VACATION AND VARIANCE ? WAJCO, INC. City Administrator Hedges introduced this item regarding a conditional use permit request to allow a car wash, setback variances, and a right-of-way vacation, at 4205 Nicols Road and the acquisition for property through Eminent Domain. He noted that this item has been before Council previously and continued per the request of the applicant to allow time to resolve issues regarding setbacks and the platting of the property. Senior Planner Ridley gave a staff report. Councilmembers and staff held a discussion regarding an agreement between the applicant and the City, and the acquisition of property, if necessary, through Eminent Domain and possible negotiations with the property owner. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a Conditional Use Permit to allow a car wash at 4205 Nicols Road subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder?s Office within 60 days after City Council approval. 2. The property shall be platted. 3. Landscaping shall be prohibited within public rights-of-way easements. 4. A revised landscape plan shall be submitted incorporating the following: a. Plantings shall be installed along the west property line, where feasible. b. A Landscape island shall be constructed along the southern property line where parking stalls are proposed. c. The existing landscape island at the northeast corner of the site shall be enlarged to the west for additional plantings. 5. All required parking stalls shall be constructed along the north property line at a 90 degree angle. 6. A landscape island shall be placed amongst the required parking for the relocation/placement of one existing light fixture. The second light fixture shall be placed within the enlarged landscape island at the northeast corner of the site, if feasible. 7. Parking shall only be permitted on improved surfaces. 8. The trash enclosure shall be constructed of materials similar to those utilized on the principal structure. 9. The applicant shall enter into an agreement with the City that stipulates performance requirements of both the applicant and the City. 10. The issuance of the building permit for the car wash will be contingent upon execution of said agreement. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve setback Variances at 4205 Nicols Road. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes October 15, 2002 Page 5 Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a right-of-way vacation of 10? along Nicols Road excepting the northern 15? and reserving a drainage and utility easement over the entire length. Councilmember Bakken moved, Councilmember Tilley seconded a motion to authorize negotiating acquisition of property for Cedar Grove AUAR Traffic Mitigation Improvements on Diffley Road. Aye: 5 Nay: 0 RD VARIANCE ? WOODGATE 3 ADDITION City Administrator Hedges introduced this item regarding a blanket deck setback Variance for Woodgate rd 3 Addition. Senior Planner Ridley gave a staff report. The President of the Stafford Place Homeowners Association asked for clarification regarding procedures for individual property owners to obtain building permits in regard to surveys. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a 10? blanket deck rd Variance for lots within Woodgate 3 Addition that abut Woodgate Lane, Woodgate Court, Woodgate Point and Walnut Lane. Aye: 5 Nay: 0 RECONSIDER LOCATION OF PYLON SIGN ? M & H PROPERTIES City Administrator Hedges introduced this item regarding a request for the relocation of a proposed sign. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the re-location of a pylon sign on property located at 4590 Scott Trail in the SE 11/4 of Section 30. Aye: 5 Nay: 0 STAFFORD PLACE PARKING RESTRICTION / SURVEY City Administrator Hedges introduced this item regarding a request for additional parking restrictions within the Stafford Place neighborhood, noting that this issue was originally presented at the September 3, 2002 Council meeting, discussed again at the Sept. 17 meeting and continued to allow time for a survey to be sent out to the neighborhood. Public Works Director Colbert reviewed the survey and results. Several residents of the neighborhood spoke regarding their concerns over safety, access by emergency vehicles, parking permits, littering, restriction to parking on one side of the street only, and the need for assistance from the school district. One resident spoke in opposition to parking restrictions in the neighborhood. Mayor Awada moved , Councilmember Tilley seconded a motion to post no parking on one side of each street and parking by permit only on the other side for selected streets within the neighborhood.. After discussion among the Council, residents and staff, Council agreed that the school district should be notified, as well as other residents in the area and a possible neighborhood meeting be held. Agreement was reached that a sub-committee would be appointed to review the issue further and make suggested solutions to the Council at a future meeting. Mayor Awada withdrew the motion. Councilmember Bakken moved, Councilmember Tilley seconded motion to appoint a sub-committee consisting of Councilmembers Fields and Carlson to review the Stafford Place neighborhood parking issue and recommend a course of action at a future meeting. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes October 15, 2002 Page 6 CEDAR GROVE AUAR ? CONSIDERATION OF FINAL AUAR AND MITIGATION PLAN City Administrator Hedges introduced this item regarding the approval of the final AUAR and Mitigation for Cedar Grove Redevelopment Area which would allow staff to distribute the document for a 10-day agency objection period. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Cedar Grove Redevelopment Area Final AUAR and Mitigation Plan for distribution. Aye: 5 Nay: 0 NEW BUSINESS PRELIMINARY SUBDIVISION (VOGELPOHL ADDITION) PATRICIA VOGELPOHL City Administrator Hedges introduced this item regarding a preliminary Subdivision to create two lots on approximately 5.3 acres consisting of Lots 3, 4, and 5, Silver Bell Addition, located at 2099 Silver Bell Road. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision (Vogelpohl Addition) to create two lots on approximately 5.3 acres consisting of Lots 3, 4, and 5, Silver Bell Addition, located at 2099 Silver Bell Road in the SE ¼ of Section 18 subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, and D1 2. The property shall be platted. 3. Any development on Lot 2 will be subject to the City?s water quality requirements at the time of building permit application. 4. This development shall be responsible for a cash parks dedication and cash trails dedication when development occurs on the newly created Lot 2. 5. Any development on Lot 2 requires a tree preservation plan incorporated as part of any landscape plan. All tree preservation plans must be certified by a forester or landscape architect retained by the applicant. 6. The requested right-of-way vacation of portions of Kennebec Drive shall be approved separately by the City through a separate public hearing. PRELIMINARY SUBDIVISION (CENTENNIAL RIDGE) MANLEY LAND DEVELOPMENT City Administrator Hedges introduced this item regarding a preliminary Subdivision of approximately 8.6 acres to create 24 single-family lots on 5.5 acres, and one outlot of 3.1 acres for future commercial development, located on the south side of Diffley Road and east of Johnny Cake Ridge Road. Senior Planner Ridley gave a staff report. A discussion was held with the developer regarding the installation of a privacy fence and/or vegetation along the north property line to shield the homes from future commercial development. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a Preliminary Subdivision of approximately 8.6 acres to create 24 single-family lots on 5.5 acres, and one outlot of 3.1 acres for future commercial development, located on the south side of Diffley Road and east of Johnny Cake Ridge Road in the NW ¼ of Section 28, subject to the following conditions: Aye: 4 Nay: 1 Fields abstained. 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. Eagan City Council Meeting Minutes October 15, 2002 Page 7 3. Unless otherwise specified in the Final Planned Development approval, standard R-1 zoning setbacks apply to the residential portion of this development. Minimum required setbacks shall be as follows: ? Front yard setback from curb of private through street ? 25 feet ? Setback from Johnny Cake Ridge Road ? 50 feet ? Setback from public street ? 30 feet ? Side yard setback (living space) ? 10 feet ? Side yard setback (garage) ? 5 feet ? Rear yard setback ? 15 feet 4. The Final Planned Development for the residential portion of this development shall be submitted. Final subdivision approval shall occur only after, or simultaneously with, approval of the Final Planned Development for the residential portion of this site. 5. Minimum building setbacks of 50 feet from Diffley Road and 50 feet from Johnny Cake Ridge Road, and 30 feet from the south east property lines, shall apply to future commercial development on Outlot B. Minimum parking setbacks of 20 feet apply on all sides of Outlot B. 6. The landscape plan for the Final Planned Development shall include front yard or boulevard trees in addition to the perimeter landscaping. 7. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a homeowners? association. The documents should be submitted and approved by the City attorney?s office prior to final subdivision approval. Transfers of common areas to the homeowners? association shall be recorded with the subdivision. 8. Storm water ponding shall be provided with future development of Outlot B to control rates of post- development storm water runoff to less than or equal to pre-development conditions, for all storm events. 9. Erosion control practices during land disturbance activities shall comply with the City?s erosion control ordinance and shall be maintained throughout construction in order to prevent the stormwater pond from filling with sediment and to prevent sediment from leaving the site. 10. The storm water pond shall be sized and designed to meet the City?s water quality treatment standards. 11. City water quality requirements for the 3.8 acres (consisting of 0.73 acres of the residential development and the 3.1-acre Outlot B) which will include on-site ponding, shall be addressed at the time development is proposed for the commercial outlot. 12. Cross easements providing for vehicle circulation, including Outlot B within the subdivision, shall be prepared for review and approval by the City Attorney prior to final subdivision approval. 13. The developer shall be responsible to obtain permit approval from Dakota County for the proposed access for Outlot B onto Diffley Road. 14. The developer shall comply with all conditions placed on this development by the Dakota County Plat Commission. 15. An Individual Lot Tree Preservation Plan shall be required on Outlot B and on lots 4, 5, 9, and 10 at the time of building permit application. 16. 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. Eagan City Council Meeting Minutes October 15, 2002 Page 8 17. 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. 18. A black wrought iron fence shall be installed on the north side of the lots labeled on the Preliminary Plat as Lots 1-4, Block 1. SENIOR CITIZEN SURVEY Mayor Awada, Councilmembers and staff discussed criteria for a senor citizen survey. ADMINISTRATIVE AGENDA WENDOLEK WOODS PRELIMINARY SUBDIVISION Senior Planner Ridley discussed a request by Randy Wendolek to modify the Preliminary Subdivision condition that required the existing well and septic systems to be abandoned. Councilmember Fields moved, Councilmember Bakken seconded a motion to modify condition number 6 of the Wendolek Woods Preliminary Subdivision to allow the existing well system to be used for exterior uses provided there would be no interconnection between well water and City water. Aye: 5 Nay: 0 PROJECT 828, SUPER STORM MITIGATION (HOME MODIFICATION ? 1348 Wilderness Run Dr.) Public Works Director Colbert discussed the need to raise the elevation of the rear yard of the home at 1348 Wilderness Run Drive approximately 14 inches. This would require the current walkout to be structurally modified at an estimated cost of approximately $21,000 with another $1,500 to restore the disturbed lawn and landscaping. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a contract with David Schweich Construction for $20,400, approve an agreement with John and Nancy Randolph for the July 2000 Storm Mitigation Improvements and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 ADJOURNMENT The cable broadcast portion of the meeting was concluded at 11:15 and ?Visitors to be Heard? was opened. There being no public comment, the Council meeting was adjourned at 11:15 pm. _____________________________ ___________________________________ Date 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) 681-4600, (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.