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02/17/2004 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota February 17,2004 A regular meeting of the Eagan City Council was held on Tuesday, February 17,2004 at 6:30 p.m. at the Eagan Municipal Center. Present were Acting Mayor Fields, Councilmembers Carlson, Tilley and Maguire. Mayor Geagan was out oftown. 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 McGarvey. AGENDA Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 CONSENT AGENDA Items E, L, Nand S were pulled for discussion. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the balance of the Consent Agenda. Aye: 4 Nay: 0 A. Minutes. It was recommended to approve the minutes of the January 27,2004, special City Council meeting and the February 3, 2004 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to accept the resignation of Police Officer Kevin Putt who is retiring. 2. It was recommended to accept the resignation of Community Service Officer Tim Snetting 3. It was recommended to approve the hiring of Wayne St. Martin for the position of Construction Inspector. 4. It was recommended to approve the hiring of a person to be recommended for the position of Engineering Tech. 5. It was recommended to approve the hiring of a person to be recommended for the position of full- time Custodian at the Community Center. 6. It was recommended to approve the annual car allowance adjustment for 2004 for the City Administrator. C. Check Registers. It was recommended to ratify the check registers dated February 5, 2004 and February 12, 2004 as presented. D. Premise Permit. It was recommended to approve a Premise Permit Renewal for the Knights of Columbus to conduct a pull tab operation at Coopers Restaurant, 4185 Robert Trail; and at Starks Saloon, 3125 Dodd Road. E. Ordinance Amendment. PULLED F. D.A.R.E. Agreement. It was recommended to adopt a D.A.R.E. and Police Liaison Services Agreement between the City of Eagan and independent School District #196. G. Comprehensive Guide Plan. It was recommended to approve a resolution confirming the City Council action of February 20,2001 adopting the Eagan Comprehensive Guide Plan 2000. H. Pre-Development Grant. It was recommended to accept a Predevelopment Grant of$50,000 for the Cedar Grove Redevelopment Area and direct the Mayor and City Clerk to execute related documents. 1. Public Hearing. It was recommended to schedule a public hearing for the regular APrC meeting of March 15, 2004, for DNR Outdoor Recreation Grant Application. 1. Public Hearing. It was recommended to schedule a public hearing for the regular APrC meeting of March 15,2004 for DNR Natural and Scenic Area Grant Application and authorize appraisals on parcels selected for application. K. Contract 01-12. It was recommended to approve Change Order #5 to Contract 01-12 (July 2000 Storm Mitigation Improvements) and authorize the Mayor and City Clerk to execute all related documents. L. Project 905. PULLED 04-13 04-14 04-15 Eagan City Council Meeting Minutes February 17,2004 Page 2 M. Contract 04-02. It was recommended to award Contract 04-02 (Diffley Frontage Roads/Lake Park Shores/ Thomas Lake/Lakeside Estates/Wilderness Park 2nd & 3rd Additions - Street Improvements), to Northwest Asphalt, Inc. for the base bid in the amount of$262,689, and authorize the Mayor and City Clerk to execute all related documents. . N. Contract 03-12. PULLED O. Ordinance Amendment. It was recommended to authorize the preparation of an amendment to Chapter 8, "Traffic Regulations" regulating the use of the Emergency Vehicle Pre-Emption (EVP) System for future consideration. P. Ordinance Amendment. It was recommended to approve an Ordinance Amendment and direct publication of same to modify Chapter 4, Section 14.20 regarding signs. Q. Contract 03-09. Change Order #3. It was recommended to approve Change Order #3 for Contract 03-09 and authorize the Mayor and City Clerk to execute all related documents. R. Council Charge to Economic Development It was recommended to approve the City Council charge to Economic Development commission regarding assessment of business needs, business retention, public information and recommendations for economic development policies. S. Contract 01-05. PULLED T. Tree Maintenance Contractor License. It was recommended to approve a 2004 Tree Maintenance Contractor License for Valley Tree Service. U. Lawful Gambling Exempt Permit. It was recommended to approve a Lawful Gambling Exempt Permit or East Metro Chapter - Turn in Poachers, Inc. for a raffle to be held June 30, 2004 at 2995 Sibley Memorial Highway. V. Donation Procedure. It was recommended to approve a procedure for donations of daily admissions to The Blast playground consistent with Cascade Bay donations to various community groups. 04-16 E. Ordinance Amendment to Chapter 6.48 regarding the Licensing of Commercial Fertilizer Applicators. Councilmember Maguire explained that State legislation has pre-empted control of the city in regard to phosphorus fertilizers. Councilmember Maguire moved, Councilmember Tilley seconded a motion to direct the City Attorney to prepare an Ordinance Amendment to Chapter 6.48 regarding the Licensing of Commercial Fertilizer Applicators. Aye: 4 Nay: 0 L. Project 905 - Authorization of the preparation of a Feasibility Report by Bonestroo and Associates for Project 905 (Lebanon Hills Regional Park - Trunk Storm Sewer Outlet). City Administrator Hedges discussed the proposed feasibility study. Two residents spoke encouraging the Council to be proactive in a solution to the Lebanon Hills drainage problems and to consider putting any developments that would impact the drainage in that area on hold. Councilmember Carlson moved, Councilmember Tilley seconded a motion to authorize the preparation of a Feasibility Report by Bonestroo and Associates for Project 905 (Lebanon Hills Regional Park - Trunk Storm Sewer Outlet). Aye: 4 Nay: 0 N. Contract 03-12. Reject the bids for Contract 03-12 (TH 13 & Silver Bell Road - Intersection Improvements), and authorize re-advertisement for bids. Public Works Director provided an update on this item. Councilmember Tilley moved, Council member Maguire seconded a motion to reject the bids for Contract 03-12 (TH 13 & Silver Bell Road - Intersection Improvements), and authorize re-advertisement for bids. Aye: 4 Nay: 0 S. Settlement agreement between the City, S.M. Hentges Inc. and Braun Intertec relating to Contract 01-05 (Cedar Grove Access Reconfiguration) in the amount of$160,000. Eagan City Council Meeting Minutes February 17,2004 Page 3 The City Council recessed to a closed session to discuss the settlement agreement. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a settlement agreement between the City, S.M. Hentges Inc. and Braun Intertec relating to Contract 01-05 (Cedar Grove Access Reconfiguration) in the amount of $160,000, subject to review and modifications by City Administrator and City Attorney, and authorize the Mayor and City Clerk to execute all related documents. Aye: 4 Nay: 0 PUBLIC HEARINGS VARIANCE - ULlNE, INC, City Administrator Hedges introduced this item regarding a request for a 1.2% Variance from the approved 36.5% building lot coverage requirement for Lots 1 and 2, Block 3, Eagandale Corporate Center located at 985 Aldrin Drive. City Planner Ridley gave a staff report. Ed Farr representing Uline, Inc. discussed the variance request. Acting Mayor Fields 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 Carlson seconded a motion to approve a 1.2% Variance from the approved 36.5% building lot coverage requirement for Lots 1 and 2, Block 3, Eagandale Corporate Center located at 985 Aldrin Drive in the SW y.. of Section II. Aye: 4 Nay: 0 SILVER BELL ROAD (PIN 10-01900-011-02) RIGHT-OF-WAY VACATION City Administrator Hedges introduced this item regarding the vacation of public right-of-way on Silver Bell Road. Public Works Director Colbert gave a staff report. Acting Mayor Fields opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the vacation of public right- of-way on Parcel No. 10-01900-011-02 and authorize the Mayor and City Clerk to execute all related documents. Aye: 4 Nay: 0 OLD BUSINESS PRELIMINARY SUBDIVISION (LONG ACRES) REZONING - MANLEY LAND DEVELOPMENT City Administrator Hedges introduced this item which was continued from the January 20, 2004 Council meeting. City Planner Ridley provided brief background information. Betty Undis expressed concern over the number of trees that are proposed to be removed. She encouraged the Council to consider less density and protection of natural wetland and vegetation. Public Works Director Colbert explained the drainage plan for the proposed development. The tree replacement plan was also discussed. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Rezoning of29.62 acres located east and west of Gun Club Road and north of 120th Street from Agriculture to R-l, Single Family Residential in the SE y.. of Section 36. Aye: 4 Nay: 0 Eagan City Council Meeting Minutes February 17,2004 Page 4 Councilmember Maguire moved, Councilmember Carlson seconded a motion to approve a Preliminary Subdivision (Long Acres) to create 51 single family residential lots upon 29.62 acres located east and west of Gun Club Road, north of 120th Street in the SE y.. of Section 36; subject to the following conditions: Aye: 4 Nay: 0 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 2, 1993. A. Financial Obligations 1. this development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final pat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, dept, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development or accommodate item. 3. 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. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and Specifications 1. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards, guidelines and policies. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall insure that all temporary dead end public streets shall have a cul-de- sac constructed in accordance with City engineering standards. D. Public Improvements 1. If any public improvements are to be installed under a City contract, the appropriate project must be approved at a formal public hearing by council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. 2. The property shall be platted. 3. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 4. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. 5. A public improvement project providing for an outlet pipe between LP-23 and LP-22 (Marsh Lake in Lebanon Hills Regional Park) shall be approved by the City Council before final subdivision approval for this development. 6. The developer shall be responsible for the connection to existing water main at the intersection of Pine Lane and 120th Street, as shown on the preliminary utility plan. 7. The proposed sanitary sewer lift station shall be constructed to City Engineering and Public Works department standards for a permanent lift station. 8. The developer shall be responsible for obtaining the street right-of-way (and temporary easement) along the entire length of Parcel 012-81 necessary to upgrade Biscayne Avenue to City street standards. The easement shall be in a form acceptable to he City Attorney. Eagan City Council Meeting Minutes February 17,2004 Page 5 9. This development shall dedicate a minimum of 40 feet of right-of-way along the south edge of the plat for possible future upgrade of 120th Street. 10. The developer shall be responsible for removing the street section and restoring the area of the existing Spruce Street temporary cul-de-sac. 11. The development shall meet the City's water quality requirements primarily by creating a minimum stormwater treatment capacity of 1.8 acre-feet covering a minimum area of 0.6 acres. Stormwater treatment ponds should be constructed according to NURP standards with a maximum depth of 6 feet, a 10: 1 aquatic bench from the normal water level, and an outlet structures according to City design standards. 12. A formal wetland replacement and monitoring plan application must be submitted to the City for separate action by the City Council. 13. Applicant/developer will work with city staff to maximize the 30 foot wetland buffer and minimize construction disturbance to the buffer area. 14. The applicant shall fulfill required tree preservation mitigation through the installation of seven-hundred forty- eight (748) category B trees, of which five-hundred four (504) category B trees are to be installed on site, and through the installation of two-hundred forty-four (244) category B trees (or an equivalent combination of category A and/or category C trees) to be installed off-site. Staff will work with the applicant to determine exact location of off-site trees including trees at city park properties. 15. The applicant shall continue to work with city staff to identify additional opportunities or preservation during development. 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. 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 ofthe Tree Protection Fencing. 18. The development shall be responsible for a cash park dedication. 19. The developer shall construct an 8' wide bituminous trail to City standards within the 15' "drainage and utility easement" located between lots 7 and 8, extending from the curb to the north property line. Said trail shall be installed prior to the construction of homes on lots 7 and 8. the construction value of the trail shall be credited to the trail dedication for the development. Any balance due shall be a cash dedication. The trail easement shall be in a form approved by the City Attorney. 20. The developer shall be responsible for upgrading the portion of Gun Club Road adjacent to Lots 1 and 2, Block 2 to an urban section street, in accordance with City engineering standards. 21. This development shall dedicate adequate drainage and utility easement over the proposed sanitary sewer lift station on Lot 1, Block 2. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the Wetland Replacement Plan associated with Long Acres development. Aye: 4 Nay: 0 CONDITIONAL USE PERMIT - SOWLES PROPERTIES City Administrator Hedges provided an overview of the requested conditional use permit to allow outdoor storage which was continued from the January 20, 2004 City Council meeting. City Planner Ridley discussed the list of outdoor storage items provided by the applicant. Dan Sowles, applicant was present to answer questions of the Council. After significant discussion regarding the amount of outdoor storage items and the height of same, it was agreed that further review of the requested conditional use permit be conducted at a Council workshop. Councilmember Carlson suggested, and other members agreed, that an interim use permit for outdoor storage would be more appropriate for the property. Councilmember fields moved, Councilmember Tilley seconded a motion to continue consideration of a Conditional Use Permit to allow outdoor storage of, equipment, materials, and current / late model cars on Part of Government Lot 2, Section 9, Township 27, Range 23, located at 3045 Sibley Memorial Highway until March 1,2004. Eagan City Council Meeting Minutes February 17,2004 Page 6 Aye: 4 Aye: 0 PRELIMINARY SUBDIVISION (WOODLAND PLACE ADDITION) RICH RAGA TZ City Administrator Hedges introduced this item regarding a preliminary subdivision of 6.3 acres to create 14 single family lots at 630 and 660 Cliff Road. City Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve a Preliminary Subdivision of 6.3 acres to create 14 single family lots at 630 and 660 Cliff Road subject to the following conditions: Aye: 4 Nay: 0 I. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 2, 1993. A. Financial Obligations 1. 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 pat approval. B. Easements and Rights-of-Way a. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. b. This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, dept, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development or accommodate it. c. 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. d. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and Specifications a. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards, guidelines and policies. b. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. c. This development shall insure that all temporary dead end public streets shall have a cul-de- sac constructed in accordance with City engineering standards. D. Public Improvements a. If any public improvements are to be installed under a City contract, the appropriate project must be approved at a formal public hearing by council action prior to final plat approval. E. Permits a. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. 2. The property shall be platted. 3. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 4. The developer shall be responsible for a cash parks dedication. 5. The development shall be responsible for a cash trails dedication. 6. The development shall include a twelve foot wide Trail Easement between lots seven and eight. Said easement may be used by the City to develop a trail should it be determined that a trail would be a beneficial means of Eagan City Council Meeting Minutes February 17,2004 Page 7 access to the adjoining park property. The easement may be vacated at the discretion of the City. The Easement shall be in a form and text approved by the City Attorney; the plat should include the vacated Dodd (if approved by Council) to Lot 1; and if not approved, it should remain as dedicated right-of-way. 7. The developer shall construct an outlet skimmer structure and pipe from the new pond across Holz Farm Park property to Manor Lake, in accordance with City engineering standards. 8. The new pond to be constructed with the development shall be graded to provide proper depth and function of the outlet skimmer structure, also in accordance with City engineering standards.. 9. The developer shall dedicate right-of-way for Dodd Road along the southwest portion of the plat, as shown on the preliminary plat. 10. The developer shall be dedicate 60 feet of\!' right-of-way along Cliff Road (Dakota County Road 32), measured from the centerline of the existing roadway, as required by the Dakota County Plat Commission. 11. This development shall dedicate drainage and utility easement over the proposed sanitary sewer line between Lots 7 and 8 of sufficient width and location (minimum 20' wide centered over the pipe) as determined necessary by City engineering standards. 12. Tree Protective measures (Le. orange colored silt fence or 4 foot polyethylene laminate safety netting) 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. 13. 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. 14. A revised Tree Preservation Plan shaIl be submitted that shows the installation of tree protection fence installed (per City Ordinance standards) at the drip line or at the perimeter of the critical root zone, whichever is greater, for all trees indicated to be preserved, including tree numbers 1,3,4,7, and 68-73. 15. A minimum stormwater treatment wet-pond volume of 0.17 acre-feet covering a minimum area of 0.13 acres shall be required to treat runoff from 3.0 acres of this development. The pond should have a maximum depth of six feet and a 10:1 aquatic bench beginning at the normal water level. 16. A cash dedication in lieu of on-site water quality ponding shall be required for the remaining 3.3 acres ofthis development. LEGISLATIVE AND INTERGOVERNMENTAL AFFAIRS UPDATE UPDATE REGARDING MAC PART 1502007 DRAFT NOISE CONTOURS Assistant to the City Administrator Lord provided an update regarding the recently released MAC Part 1502007 Draft Mitigated Noise Contours. ADMINISTRATIVE AGENDA City Administrator Hedges discussed a request by The Trust for Public Land for the waiver of development fees for nine acres of land on Lexington Avenue. Councilmember Maguire moved, Councilmember Tilley seconded a motion to waive the subdivision fee, the rezoning fee and the escrow deposit for The Trust for Public Land for nine acres ofIand on Lexington Avenue. Aye: 4 Nay: 0 The need for a special City Council meeting was discussed. Councilmember Tilley moved, Councilmember Carlson seconded a motion to schedule a special City Council meeting for February 24,2004 at 5:30 p.m. at Moonshine Park Retreat Center. Aye: 4 Nay: 0 Eagan City Council Meeting Minutes February 17,2004 Page 8 OTHER BUSINESS RESOLUTION APPROVING PURCHASE AGREEMENT FOR CITY ACQUISITION OF PROPERTY FOR REDEVELOPMENT, NORTHEAST EAGAN REDEVELOPMENT DISTRICT, MARY IMRE/TMI COATINGS PROPERTY, 2805 AND 2809 DODD ROAD, AND RELATED STIPULATIONS AND RELOCATION AGREEMENTS Councilmember Tilley moved, Councilmember Fields seconded a motion to continue consideration ofa Resolution Approving Purchase Agreement for City Acquisition of Property for Redevelopment, Northeast Eagan Redevelopment District, Mary Imre/Tmi Coatings Property, 2805 and 2809 Dodd Road, and Related Stipulations and Relocation Agreements to the March 16,2004 City Council meeting. Aye: 4 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 8:30 p.m. Aye: 4 Nay: 0 .J'/l-{;j Date / - / ) Z(j~CG 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.