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08/19/2003 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota August 19, 2003 A regular meeting of the Eagan City Council was held on Monday, August 19th, 2003 at 6:30 p.m. at the Eagan Municipal Center. Present were Councilmembers Carlson, Fields, Tilley and Maguire. Mayor Geagan arrived at 7:00 p.m. Also present were City Administrator Tom Hedges, Senior 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 (Mayor absent) CONSENT AGENDA Items T and U were pulled from the Consent Agenda for discussion and it was noted that item J would be continued. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the balance of the Consent Agenda. Aye: 4 Nay: 0 (Mayor absent) A. Minutes. It was recommended to approve the minutes of the August 4,2003 regular City Council meeting as presented. B. Personnel Items. I. It was recommended to approve the hiring of Krista Shevlin, Judy Martinelli, Samantha Hetzel, Jill Greenan, Amy Crary, Diane Keefer, Gayle Mueller and Denise King as fitness instructors at the Community Center. 2. It was recommended to approve the hiring of Rebecca Kruger as a part-time guest services representative at the Community Center. 3. It was recommended to approve the hiring of Jean Baic as a full-time maintenance worker at the Eagan Community Center. 4. It was recommended to approve a Time Spent Profile (TSP) revision from exempt range H to exempt range I and a position title change to Administrative Assistant/Parks Recreation for the current Parks and Recreation Office Supervisor position. 5. It was recommended to approve the hiring of Lisa Same, Beverly Underdahl and Jennifer Kasiewicz as Preschool staff. 6. It was recommended to accept the resignation of Community Service Officer Tom Bohrer as of September 4,2003. C. Check Registers. It was recommended to ratifY the check registers dated August 7, 2003 and August 14, 2003 as presented. D. Premises Permit Application. It was recommended to approve a premises Permit Application for the Eagan Lions Club to conduct a pull tab operation at Al Bakers, 3434 Washington Drive. E. Ordinance Amendment. It was recommended to direct the City Attorney to re-publish City Code, Chapter II (Zoning) Amendment summary. F. Zoning Map Update. It was recommended to initiate an Ordinance Amendment updating the City of Eagan Zoning Map and to waive notice requirement for the City of Eagan Zoning Map update. G. Final Subdivision. It was recommended to approve a Final Subdivision (Kennerick Second Addition) to create 17 lots on approximately 8.5 acres located west of Pilot Knob Road and north of Lone Oak Road in the SE v.. of Section 4. H. Final Subdivision. It was recommended to approve a Final Subdivision (Greyhawk 2nd Addition) to create 44 townhome lots and one single-family lot on approximately 8.3 acres located north of Diffiey Road and east of Blackhawk Road in the SE 1J. of Section 20. I. Final Subdivision. It was recommended to approve a Final Subdivision (Sienna Woods) 'to create seven single family residential lots and one outlot located at 4795 Dodd Road in the NW v.. of Section 36. 03-48A 03-49 03-50 03-51 Eagan City Council Meeting Minutes August 19,2003 Page 2 J. Item pulled from agenda. K. Contract 03-02. It was recommended to approve the final payment for Contract 03-02 (Lexington Place I Lexington Place South I Drexel Heights Addition - Street Overlay) in the amount of$16,378.12 to Bituminous Roadways, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. L. Contract 03-10. It was recommended to approve the final payment for Contract 03-10 (SelmarkfHarvey/Burview Additions - Street Overlay) in the amount of$13,403.84 to Bituminous Roadways, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. M. 2004 CIP Street Improvements. It was recommended to authorize the preparation of a feasibility report by the City Engineer for Projects 894 (Coachman Land Company, Century Point and Donald Court - Street Improvements), 895 (Lake Park shores and Thomas Lake Additions - Street Improvements), 896 (Lakeside Estates - Street Improvements), 897 (Wilderness Park 2nd and 3rd Additions - Street Improvements), and 898 (Terminal Drive Street Improvements). N. Contract Modification Approval Authorization. It was recommended to approve the City Administrator and/or Department Director to authorize modifications to an approved contract scope of work up to $25,000 for subsequent ratification by the Council. O. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements and schedule a public hearing to be held on September 16,2003. P. Contract 03-13. It was recommended to approve the plans and specifications for Contract 03-13 (Borchert Lane - Street & Utility Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, September 11,2003. Q. Service Agreement. It was recommended to approve an Amendment to the Service Agreement with Braun Intertec Corporation authorizing the following designated City staff to execute work orders for requested engineering services: Public Works Director, City Engineer, Assistant City Engineer, Construction Manager, Superintendent of Streets and Equipment and Superintendent of Utilities. R. Environmental Site Assessment. It was recommended to approve a proposal from American Engineering Testing, Inc. for a Phase II environmental site assessment on the Kopacek Property. S. Board of Adiustment and Appeals Hearing. It was recommended to schedule a Hearing on September 16, 2003 for Board of Adjustment and Appeals regarding request by Central Irrigation Supply to review Eagan City Council denial of a Rezoning from Transitional (T) to Neighborhood Business (NB) for property located at 2785 Pilot Knob Road. T. Resignation of Commission member. Pulled for discussion U. Senior Program Development Committee. It was recommended to approve the formation of the Senior Program Development Committee per the recommendation of the Community Center Operations Committee. Pulled for discussion V. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements within Greyhawk Addition and schedule a public hearing to be held on September 2,2003. T. Commission Member Resignation. Councilmembers thanked Lee Ashfeld for his years of service to the City of Eagan while serving on the Economic Development Commission. Councilmember Fields moved, Councilmember Tilley seconded a motion to accept the resignation of Economic Development Commission member, Lee Ashfeld. Aye: 4 Nay: 0 U. Senior Program Development Committee. Councilmember Fields requested this item be continued to a City Council work session to allow for detailed discussion. Councilmember Fields moved, Councilmember Maguire seconded a motion to continue discussion of the formation of a Senior Program Development Committee per the recommendation of the Community Center Operations Committee to the September 9,2003 City Council work session. Aye: 4 Nay: 0 (Mayor absent) Eagan City Council Meeting Minutes August 19,2003 Page 3 OLD BUSINESS PLANNED DEVELOPMENT AMENDMENT - EAGAN HOTEL GROUP, LLC (DAYS INN) City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a maintenance building within a utility easement and modifications to the approved landscape plan on property located at 4510 Erin Drive. Senior Planner Ridley gave a staff report. Beth Timm, representing the applicant, questioned the requirement of security lighting on the east side of the existing building. She requested a continuance to allow time to discuss the security lighting issue further with staff. Councilmember Carlson moved, Councilmember Fields seconded a motion to continue consideration of a Planned Development Amendment to allow a maintenance building within a utility easement and modifications to the approved Landscape Plan for the property located at 4510 Erin Drive, legally described as Lot 2, Block 1, Honey Tree 1 st Addition, in the SW v.. of Section 30 Aye: 4 Nay: 0 (Mayor absent) PLANNED DEVELOPMENT AMENDMENT - SAM'S WEST, INC. City Administrator Hedges stated that the applicant for this item has requested a continuation until the September 2, 2003 City Council meeting. Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of a Planned Development Amendment to allow the addition of motor fuel sales on property located at 3035 Denmark Avenue, south of Lone Oak Road and east ofI-35E in the NE v.. of Section 10. Aye: 5 Nay: 0 (Mayor absent) INTERIM USE PERMIT - DUKE REALTY CORP. City Administrator Hedges introduced this item regarding a request for an Interim Use Permit to allow additional outdoor tractor trailer/truck storage at 1245 Trapp Road. Senior Planner Ridley gave a staff report. Bob Smith, representing the applicant, discussed the interim use permit request. He stated that the number of trucks could be decreased if necessary. Councilmembers discussed the number of trucks to be stored on the site and it was agreed that a maximum of thirteen would be appropriate. The time frame of the interim use permit was discussed and it was agreed to limit the permit to five years. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve an Interim Use Permit to allow an additional nine outdoor tractor trailer/truck storage on Lots 1 and 2, Block 1 Eagandale Center Industrial Park No. 12 at 1245 Trapp Road, subject to the following conditions. Aye: 5 Nay: 0 1. This Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. Outdoor storage shall be limited to tractor/trailer and straight truck storage in the amount and at the location shown on revised site plans dated April 16, 2003. 3. The north parking lot shall be restriped to accommodate the angled parking of 53 foot tractor/trailers at the location shown on the revised site plan dated April 16, 2003. 4. Outdoor storage of tractor/trailers may only use required off-street parking spaces if the tenant parking needs are met by existing off-street parking spaces at the north side of the subject lot. 5. All trailers must be stored in an orderly fashion. 6. Additional coniferous landscape material shall be added between the storage area and 1-494 to more adequately screen the designated storage location to be completed by October 15,2003. 7. All parking and storage areas shall be properly maintained to prevent deterioration. 8. The Interim Use Permit shall expire on August 4,2008. Eagan City Council Meeting Minutes August 19,2003 Page 4 9. The Interim Use Permit will be subject to annual review for compliance. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING AND PRELIMINARY SUBDIVISION (MARCELLA WOODS) - BRIAN OLSON City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment to establish a LD, Low Density residential land use guide plan designation upon 6.54 acres of land located at 4880 Pilot Knob Road. Senior Planner Ridley gave a staff report. Brian Olson, applicant, and Council discussed the proposed landscaping adjacent to the existing soccer fields and front yard setback requirements. Councilmember Carlson moved, Councilmember Tilley seconded a motion to implement a Comprehensive Guide Plan Amendment to establish a LD, Low Density residential land use guide plan designation upon 6.4 acres ofland located at 4880 Pilot Knob Road in the SW 1f4 of Section 34. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Rezoning from A, Agriculture to R-l, Residential Single District for 15 single family lots and one outlot located at 4880 Pilot Knob Road in the SW 1f4 of Section 34. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision (Marcella Woods) to create 15 single family lots and one outlot located at 4880 Pilot Knob Road in the SW ,/., of Section 34; 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: AI, B1, 2, 3, 4, Cl, 2, 3, D1 and El. 2. The property shall be platted. 3. Outlot A should be reconfigured into Lot 9 and have an easement established for the trail connection in a form acceptable to the City Attorney. 4. 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. 5. Upon final Subdivision a revised Tree Mitigation Plan that reflects that mitigation trees are not placed within the trail easement, or within 15 feet of utility easement areas. 6. 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. 7. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to he issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan nad placement of the Tree Protection Fencing. 8. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. 9. The developer shall be responsible for obtaining the necessary public easements to allow for construction and future maintenance of the storm water pond on Lot 1, Bock 1, Chapel Hill Baptist Church Addition subject to City Attorney review. 10. The development shall be responsible for a cash trail dedication. 11. The development shall be responsible for a cash parks dedication, minus credit given for the grant of trail easement. 12. An approved and unmarked trail connection between Lots 7 and 8 where the proposed drainage and utility easement is located shall be provided. The dedication will be in the form of an easement established for the trail connection in a form acceptable to the City Attorney. 13. This development should meet the City's water quality requirements through a combination of on- site ponding and cash dedication. 14. The storm water pond should be constructed to treat 2.7 acres of the site area. It should have a minimum wet-pond volume of 0.25 acres-feet and should have a minimum area of 0.16 acres. The Eagan City Council Meeting Minutes August 19, 2003 Page 5 storm water treatment pond should be constructed according to NURP standards with a maximum depth of 6 feet and a 10: 1 aquatic bench. 15. In lieu ofponding to treat storm water from 3.8 acres of the site, a cash dedication should be required. 16. All existing structures shall be removed upon development. NEW BUSINESS PRELIMINARY SUBDIVISION (WENTWORTH PARK) AND PLANNED DEVELOPMENT AMENDMENT - GENERATION 2 City Administrator Hedges introduced this item regarding a Preliminary Subdivision to create eight lots on 2.82 acres on property located south of Cliff Road and west ofTH 77 on Slater Road. Senior Planner Ridley gave a staff report. Jeff Sawyer, applicant, made a presentation regarding the proposed subdivision. A neighboring property owner expressed concern over noise abatement but was agreeable with the over-all development. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve a Preliminary Subdivision (Wentworth Park to create eight lots on 2.82 acres on property legally described as Outlot A, Prairie Oaks, located south of Cliff Road and west ofTH 77 on Slater Road; 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, C2, C4, D1, E1. 2. The property shall be platted. 3. The applicant shall fulfill required tree preservation mitigation through the installation of thirty-two (32) category B trees (or an equivalent combination of category A and/or category C trees and/or cash payment). 4. A long-term tree survival plan be prepared by a certified arborist and implemented on all trees with encroachment in to the Critical Root Zone. 5. Tree protective measures (i.e. 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. 6. The applicant shall contact the City Forestry Division and set up a preconstruction site inspection at least five days prior to the issuance of a grading permit to ensure compliance with approved Tree Preservation Plan and placement of the Tree Protection Fencing. 7. The developer shall not plant large-growth landscaping within the area of the drainage and utility easement. 8. The development is subject to cash park and trail dedication. 9. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a Town Office Association. The documents should be submitted and approved by the City Attorney's office prior to Final Subdivision approval. 10. Lot 8 shall be owned by the Town Office Association. No building permit shall be issued for Lot 8. 11. To the extent practicable, a buffer of natural vegetation outside the boundary of the wetland should be maintained before, during, and after construction. 12. This development should meet the City's water quality requirements by creating stormwater treatment capacity through a minimum wet-pond volume of 0.23 acre-feet covering an area of 0.15 acres. The stormwater treatment pond should be constructed according to NURP standards with a maximum depth of 6 feet, a 10: 1 aquatic bench, and an outlet structure acceptable to City standards. 13. A fire hydrant shall be installed in a location approved by the Fire Marshall. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Preliminary Planned Development for seven "town offices" on property legally described as Outlot A, Prairie Oaks, located south of Cliff Road and west ofTH 77 on Slater Road subject to the following conditions: Aye: 5 Nay: 0 Eagan City Council Meeting Minutes August 19, 2003 Page 6 1. The applicant shall enter into a Preliminary Planned Development Agreement with the City that shall be recorded at the Dakota County Recorder's Office. 2. This Planned Development is for Town offices. Residential occupation/uses shall be prohibited. 3. The applicant shall enter into a Final Planned Development Agreement with the City. The following exhibits are necessary for the Agreement: . Final Site Plan . Final Building Elevations Plan . Final Tree Preservation Plan . Final Landscape Pan . Final Lighting Plan . Final Signage Plan . Noise Abatement Plan 4. Architectural relief shall be provided on the rear of the units (abutting Slater Road) with use of varied material, such as matching brick from the front. 5. Wall and pole-mounted light fixtures shall be shielded to reduce glare. 6. Allight fixtures on poles shall not exceed 20 feet in height. 7. All mechanical equipment shall be screened from public rights-of-way and properties with different land use designations. 8. Trash enclosure shall be moved north and the building materials shall match the principle structures. PRELIMINARY SUBDIVISION (GARDENWOOD PONDS 6TH ADDITION) RAY BRANDT City Administrator Hedges introduced this item regarding a Preliminary Subdivision to create two single family lots at 3853 North Ridge Drive. Senior Planner Ridley gave a staff report. Ray Brandt, applicant, was present to answer questions of the Council. David Craig, owner of property across the street from the subject property, discussed concerns regarding covenants of the adjacent neighborhood. Councilmember Carlson explained that the City has no jurisdiction over private covenants. Councilmember Maguire moved, Councilmember Carlson seconded a motion to approve a Preliminary Subdivision (Gardenwood Ponds 6th Addition) to create two single family lots at 3853 North Ridge Drive; 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: AI, Bl, C2. 2. The property shall be platted. 3. This development shall be responsible for a cash parks and trails dedication. 4. This development shall be responsible for dedication of cash in lieu of storm water treatment ponding. PRELIMINARY SUBDIVISION (LEXINGTON RIDGE) RAY MILLER City Administrator Hedges introduced this item regarding a Preliminary Subdivision to create eight single family lots on 6.9 acres located at 4225 Lexington Way. Senior Planner Ridley gave a staff report. Ray Miller, applicant, discussed the history of the property and proposed developments. Staff and Councilmembers discussed the issue of access off of Diffley Road and approval needed by Dakota County. Eagan City Council Meeting Minutes August 19,2003 Page 7 Councilmember Carlson moved, Councilmember Tilley seconded a motion to deny a Preliminary Subdivision (Lexington Ridge) to create eight single family lots on 6.9 acres located at 4225 Lexington Way; and direct that Findings of Fact be prepared and presented to Council at their October 3,2003 meeting. Aye: 5 Nay: 0 LEGISLATIVE I INTERGOVERNMENTAL AFFAIRS UPDATE Councilmember Fields moved, Councilmember Tilley seconded a motion to schedule a special City Council meting for August 26, 2003 at 5:00 p.m. Aye: COMMUNITY CENTER UPDATE City Administrator Hedges updated the Council on current activities at the Community Center. Councilmember Fields moved, Councilmember Carlson seconded a motion to call a recess of the regular City Council meeting at 9:00 p.rn. A meeting of the Economic Development Commission immediately convened. The regular City Council meeting reconvened at 9:02 p.rn. ADMINISTRATIVE AGENDA Administrative Hearing Regarding Advisory Planning Commission Member Ron Miller City Administrator Hedges provided background information regarding an administrative hearing which was held August 7, 2003 to review the conduct of Advisory Planning Commission member Ron Miller with respect to actions taken by Mr. Miller on June 28, 2003 at 3206 Sibley Memorial Highway in Eagan. Mr. Miller read a statement prior to submitting a verbal resignation from the Advisory Planning Commission effective immediately. Mayor Geagan moved, Councilmember Carlson seconded a motion to accept the resignation of Advisory Planning Commission member Ron Miller. Aye: 5 Nay: 0 Community Center Grand Opening Budget Communications Director Garrison provided an overview of a proposed budget for the grand opening of the Community Center to be held September 27,2003. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve $10,000 as a budget for the Community Center Grand Opening. Aye: 5 Nay: 0 Super Storm Restoration - Dispute Resolution Process Public Works Director Colbert discussed a complaint from a homeowner regarding the limited extent of a driveway repaired as a result of disruptive construction activities adjacent to or on private property. He requested direction from Council has how to proceed with the resolution process. Council directed the Public Works Committee to review the issue and provide a recommendation for full Council ratification at a future Council meeting. Councilmember Carlson left the meeting at 9:40 p.m. Information was provided by Public Works Director Colbert regarding water usage and sprinkling restrictions and a stop sign study at Black hawk Road and Silver Bell Road. Eagan City Council Meeting Minutes August 19,2003 Page 8 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the meeting at 9:45 p.m. (!-tA,tJud /1'. ~CCJ Date I h lrJztc /) !~it zr/l{l , Deputy City Clerk j 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.