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2010-08-17 City Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota August 17, 2010 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Tilley and Hansen. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, August 17, 2010 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Tilley and Hansen. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, Administrative Services Gene VanOverbeke, Director of Communications Tom Garrison, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Broyles. AGENDA Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Eight new firefighters were introduced and administered the Oath of Office. CONSENT AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the August 2, 2010 regular City Council meeting and the July 27, 2010 Special City Council meeting as presented. B. Personnel Items. 1. It was recommended to accept the resignation of Adam Bourassa (effective 8/13/2010), Utilities Maintenance Worker, and authorize his replacement. C. It was recommended to ratify check registers dated August 2, 2010 as presented. D. It was recommended to accept a $70,000 Grant through the Minnesota Department of Public Safety’s Office of Traffic Safety. E. It was recommended to approve a Police Liaison Services Agreement between the City of Eagan and Independent School District #196. F. It was recommended to approve an Amendment to the City Housing Improvement Area Policy. G. It was recommended to Approve a Five Year Extension of the Easter Lutheran Church Planned Development located at 4545 Pilot Knob Road. H. It was recommended to approve a Sound Amplification Permit for Faithful Shepherd Church and waive fees. I. It was recommended to approve a Temporary on-Sale Liquor License for Faithful Shepherd Church and waive fees. J. It was recommended to approve a Resolution for continued participation in the Local Housing Incentives Account Program via the Metropolitan Livable Communities Act. K. It was recommended to approve final payment for Contract No. 10-17 – Sealcoating. L. It was recommended to approve Final Payment for Contract No. 10-02, City-Wide Street Improvements. M. It was recommended to approve Final Payment for Contract 10-12, Oak Hills Church Services. N. It was recommended to approve Plans and Authorize Ad for Bids, Contract No. 10-09, Cliff Road Trunk Water Main. City Council Minutes August 17, 2010 Page 2 O. It was recommended to approve a Consultant for Lake Management Plans (Blackhawk and Thomas Lakes) P. Item removed. Q. It was recommended to approve a Resolution expressing the City of Eagan’s interest to be a participant in the GreenStep Cities Program. R. It was recommended to approve a Partnership between the City of Eagan and the University of Minnesota Department of Sustainable Education. S. It was recommended to approve the 2010-2011 Energy and Environment Advisory Commission Goal and Value Statements. T. It was recommended to direct staff to prepare an Ordinance Amendment to Chapter 11 regarding Signage for Properties with Freeway Frontage. U. It was recommended to approve an Easement Agreement for Project 971 (Duckwood Drive – Overpass and Street Improvements). V. It was recommended to approve a Tobacco License for Scott Stevens, Lucky’s Station LLC, 3390 Coachman Road. PUBLIC HEARINGS There were no public hearings. OLD BUSINESS There were no Old Business items. NEW BUSINESS PRELIMINARY SUBDIVISIONS AND PLANNED DEVELOPMENT AMENDMENT RDTH US HOME CORPORATION – NICOLS RIDGE 3 AND 4 ADDITION City Administrator Hedges introduced this item regarding a preliminary subdivision to create one lot and rd one outlot for Nicols Ridge 3 Addition and a preliminary subdivision of approximately 10 acres to create 42 townhome lots and 2 outlots, and a planned development amendment to allow townhomes on the th proposed Nicols Ridge 4 Addition lot, all on property located at Cedar Grove Trail and Cedar Grove Parkway. Senior Planner Ridley gave a staff report. Joe Jablonski, US Home Corporation, was present to answer questions. Three residents expressed their concern over the hours of construction, construction traffic, and the location of the proposed guest parking spaces. Council held a discussion regarding proposed visitor parking and the possibility of relocating and reducing the number of parking spaces. Construction traffic, a flagman, and hours of construction were also discussed. It was the consensus of the Council that the number of visitor parking spaces be reduced although the area of the seven stalls shall be reduced to accommodate the southerly four stalls, that area shall remain unencumbered for future use, if necessary. It was also noted that screening should be installed presently. Mr. Jablonski noted that he would insert trees for screening of that area into the landscape plan. It was also the consensus of the Council that the hours of operation should be 8:00 a.m. to 7:00 p.m. Monday through Saturday for excavation and grading and 8:00 a.m. to 9:00 p.m. seven days a week for construction. It was also determined that flagmen would not be necessary and that Lennar would work with the association to create a safe route plan for kids to get to the school bus pickup location. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Preliminary rd Subdivision (Nicols Ridge 3 Addition) to create one lot and one outlot upon approximately 5.3 acres City Council Minutes August 17, 2010 Page 3 located south of Cedar Grove Parkway and west of Cedar Grove Trail, and consisting of property legally nd described as Lots 2-5, Block 9, Nicols Ridge, and Outlot B, Nicols Ridge 2 Addition, subject to the following conditions: Aye: 5 Nay: 0 1. The property shall be platted. th 2. Subdivision approval is contingent upon the approval of Nicols Ridge 4 Addition. th 3. The developer shall record the plat of Nicols Ridge 4 Addition immediately after the filing of this plat. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to amend the Phase 1 Nicols Ridge Final Planned Development for a modified Site Plan consisting of 31 townhome units in place of 42 condominium units, located south of Cedar Grove Parkway and west of Cedar Grove Trail and legally described as Lots 2-5, Block 9, Nicols Ridge; nd Outlot B, Nicols Ridge 2 Addition subject to the following conditions: Aye: 5 Nay: 0 1. The applicant and/or developer shall enter into a Planned Development Amendment Agreement with the City. The following exhibits are the Agreement:  Final Site Plan (removes parking in NE corner of site)  Final Landscape Plan (include screening between the existing townhomes to the NE of the proposed site as approved by City staff)  Final Building Elevations 2. The developer shall comply with all conditions set forth in the Second Amended and Restated Development Agreement dated December 1, 2009. 3. The development shall receive final subdivision approval prior to building permit issuance. 4. Buildings in this development should utilize sound attenuation construction standards sufficient to achieve an interior sound level of 45 dBa. 5. The development shall utilize the street light fixtures that are the same as existing in the area. All on-site street lighting shall be hooded and directed to deflect light away from adjacent properties. 6. All site signage shall comply with applicable provisions of the City Sign Code. 7. Trash and recycling receptacles must be stored within the buildings. 8. Foundation landscaping should include screening of mechanical equipment such as air conditioner condenser units. 9. The developer shall protect the preserved tree’s critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to 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. 10. The developer 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. 11. In order to allow for the future connection of Cedar Grove Trail, a private street, to the future development of the property to the west, the developer should provide an easement in a form acceptable to the City Attorney. The easement should be provided prior to Final Subdivision and Final Planned Development approval. 12. This development shall satisfy the parks dedication requirement with a cash dedication of $204,022, payment to coincide and be consistent with the two phases of development as agreed upon in the development agreement. 13. This development shall satisfy the trails dedication requirement with a payment of $130,800 for trail improvements as part of City Improvement Project 888. 14. On-street parking shall be prohibited along the private streets within the development, except for the designated visitor parking stalls. 15. A construction traffic and roadway plan shall be approved prior to grading activity. 16. Hours of operation shall be 8:00 a.m. to 7:00 p.m. Monday through Saturday for excavation and grading and 8:00 a.m. to 9:00 p.m. seven days a week for construction. City Council Minutes August 17, 2010 Page 4 17. All contractors and subcontracts shall be licensed and bonded by the State of Minnesota and a copy of each license shall be provided to the City at the time a permit is issued by the City. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to the Preliminary Planned Development for Nicols Ridge for a modified Site Plan consisting of 59 townhome units upon 6.8 acres located south of Cedar Grove Parkway and west of Cedar Grove Trail, upon property legally described as Lots 2-5, Block 9, Nicols Ridge; Outlot B, Nicols nd Ridge 2 Addition, and adjacent unplatted parcels to the west with addresses of 3980 and 3986 Cedar Grove Parkway. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Preliminary th Subdivision (Nicols Ridge 4 Addition) to create 59 townhome lots and two outlots for common area upon 6.8 acres located south of Cedar Grove Parkway and west of Cedar Grove Trail, consisting of property nd legally described as Lots 2-5, Block 9, Nicols Ridge; Outlot B, Nicols Ridge 2 Addition, and adjacent unplatted parcels to the west with addresses of 3980 and 3986 Cedar Grove Parkway 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: 1A, B3, B4, C1, and C4. 2. The property shall be platted. 3. The developer shall comply with all conditions set forth in the Second Amended and Restated Development Agreement dated December 1, 2009. 4. The development shall receive final subdivision approval prior to building permit issuance. 5. Buildings in this development should utilize sound attenuation construction standards sufficient to achieve an interior sound level of 45 dBa. 6. Trash and recycling receptacles must be stored within the buildings. 7. Foundation landscaping should include screening of mechanical equipment such as air conditioner condenser units. 8. In order to allow for the future connection of Cedar Grove Trail, a private street, to the future development of the property to the west, the developer should provide an easement in a form acceptable to the City Attorney. The easement should be provided prior to Final Subdivision and Final Planned Development approval. 9. The developer shall protect the preserved tree’s critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to 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. 10. The developer 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. 11. This development shall satisfy the parks dedication requirement with a cash dedication of $204,022, payment to coincide and be consistent with the two phases of development as agreed upon in the development agreement. 12. This development shall satisfy the trails dedication requirement with a payment of $130,800 for trail improvements as part of City Improvement Project 888. 13. A construction traffic and roadway plan shall be approved prior to grading activity. 14. Hours of operation shall be 8:00 a.m. to 7:00 p.m. Monday through Saturday for excavation and grading and 8:00 a.m. to 9:00 p.m. seven days a week for construction. 15. All contractors and subcontracts shall be licensed and bonded by the State of Minnesota and a copy of each license shall be provided to the City at the time a permit is issued by the City. City Council Minutes August 17, 2010 Page 5 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. ADMINISTRATIVE AGENDA VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Council Tilley moved, Councilmember Fields seconded a motion to adjourn the meeting at 8:30 p.m. Aye: 5 Nay: 0 ____________________ _________________________________ Date Administrative Secretary / Deputy Clerk