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07/05/2011 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JULY 5, 2011 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, July 5, 2011 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Tom Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Director of Community Development Hohenstein, City Planner Ridley, Communications Director Garrison, Chief Financial Officer Pepper, City Engineer Matthys, Police Chief McDonald and Fire Chief Scott. AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as amended with the addition of two recognitions. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Mayor Maguire recognized the success of the 4 ffi of July celebration and thanked the Funfest Committee and City staff for their efforts. Ken Koch of the Funfest Committee addressed the City Council and highlighted the success of the celebration. The City Council also held a moment of silence to recognize the passing of former Fire Chief Bob Childers. CONSENT AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the June 21, 2011 regular City Council meeting, minutes of the June 14, 2011 Special City Council meeting and minutes of the June 14, 2011 Special City Council Retreat as presented B. Personnel Items: 1. It was recommended to approve title change and reclassification of "Assistant to the City Administrator" to "Assistant City Administrator" 2. It was recommended to approve hiring of seasonal employees in Parks & Recreation, Finance & Utilities 3. Duplicate of Item 1. 4. It was recommended to approve final phase of ECC re- organization • Reclassify the Government Buildings Supervisor from Level 11 to Level 12 • Recruit for a Training /Office Support Specialist for the Eagan Community Center /Civic Arena 5. It was recommended to accept the ratified Collective Bargaining Agreement for Teamsters Local 320, Public Works/Park Maintenance Unit for January 1, 2011 —December 31, 2012. C. It was recommended to approve the check registers dated June 2, 2011, June 16, 2011 and June 23, 2011 D. It was recommended to approve change in management of the On -Sale 3.2 Percent Malt Liquor (Beer) and Wine License for Smashburger Acquisition - Minneapolis, LLC, dba Smashburger E. It was recommended to approve a Tree Maintenance Contractor License for Pete Strand, Xtreme Tree Team F. It was recommended to approve a Tree Maintenance Contractor License for Ronald Vieths, Absolute Tree Service G. It was recommended to direct preparation of an Ordinance Amendment to permit the City to provide for electrical inspections and schedule a Public Hearing to consider fees for services on July 19, 2011 H. It was recommended to authorize preparation of an Agreement to provide electrical inspections services in the absence of state contract inspector services L It was recommended to approve Emergency Siren Access Easement for former Fire Station #2 property at 2980 Lone Oak Circle J. Pulled for discussion. It was recommended to cancel the July 12, 2011 Special City Council Meeting and the August 9, 2011 Special City Council Meeting and schedule a City Council workshop on August 15, 2011 City Council Meeting Minutes July 5, 2011 2 page K. It was recommended to approve a Resolution adopting and implementing the performance benchmarks developed by the Council on local results and innovation L. It was recommended to approve a reallocation of resources among various City funds M. Pulled for discussion. It was recommended to approve plans & specifications / authorize ad for bids, Contract 11 -05 High Pressure Zone Water Main Improvements and schedule July 29, 2011 for bid opening N. Pulled for discussion. It was recommended to approve plans & specifications for Contract 11 -11, City -Wide Trail Improvements and schedule July 29, 2011 for bid opening O. It was recommended to award Contract 11 -08, Cedar Grove Boulevard Street & Utility Improvements P. It was recommended to approve Contract 11 -12, Traffic Signal Painting (TH 3 at Red Pine Lane and TH 55 at Eagandale Blvd) Q. It was recommended to authorize Phase II of the Eagan Colocation Facility Feasibility Study R. It was recommended to approve the purchase of weight equipment from Rasmussen College to be installed in the Civic Arena and make the necessary adjustments to the 2011 Budget S. It was recommended to approve a Tree Maintenance Contractor License for Randy Newton, Newton's Tree & Stump Service, LLC T. It was recommended to approve a Sound Amplification Permit for the American Cancer Society Relay for Life at 1501 Central Parkway U. Pulled for discussion. It was recommended to approve the Electronic Signature User Agreement with the Minnesota Pollution Control Agency. Councilmember Bakken commented on the ability of the MPCA to process the Agreement in light of the shutdown. PUBLIC HEARINGS FINAL ASSESSMENT HEARING PROJECT 1033 (CLIFF RD. — TRUNK WATERMAIN) City Administrator Hedges introduced the item regarding the final assessment hearing on Project 1033, Cliff Road trunk watermain. Director of Public Works Colbert gave a staff report regarding the final assessment hearing. The City Council discussed the City's assessment policies. The Mayor opened the public hearing. Roger Urban, 1007 Cliff Road, voiced objection to the assessment, especially the assessment of property that lies within Holland Lake. Mr. Urban requested a postponement of the assessment but willing to accept an assessment for his one house. Jo Ellen Abraham challenged the higher assessment due to acreage and suggested that an average assessment per home approach be used rather than a per acreage assessment rate. Ms. Abraham also requested a postponement of the assessment until connection or subdivision. Patrick White, 965 Cliff Road, voiced opposition to the assessment stating the excessive cost to connect a water service to the main on the other side of Cliff Rd and proposed a single family assessment fee rather than a per acre assessment rate. Millie Johnson, 975 Cliff Road, objected to the assessment, requested a deferment of the assessment and inquired about the terms of any potential deferment. Nancy Sweet, 995 Cliff Road, objected to the assessment and requested a deferment of the assessment until the property is sold. City staff responded to questions raised by those who testified. The City Council discussed the proposed assessments with the City Attorney and staff. Mayor Maguire closed the public hearing and turned the discussion to the Council. City Council Meeting Minutes July 5, 2011 3 page Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the final assessment roll for project 1033 (Cliff Road trunk water main improvements) and authorize its certification to Dakota County for collection and to further authorize the preparation of assessment agreements for execution within 25 days by those property owners who desire them; such agreements subject to the following conditions: 1) The homeowner shall agree to an assessment of one single family residential equivalent, 2) The remaining balance of the assessment shall be deferred until the property is sold, transferred, subdivided, platted, or upon the expiration of 25 years after the signature of the agreement, 3) land area below the ordinary high water level of Holland lake designated as public waters shall be exempt from the acreage used to calculate the assessment, and 4) The interest rate is 5 percent per year on the unpaid balance. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion for the deferment agreement to allow the opportunity for residents to grant drainage and utility Easements for areas identified in the storm watermanagement plan or a conservation easement over other land in order to reduce assessment obligation as part of the deferral agreement. Aye: 5 Nay: 0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT QDOBA RESTAURANT CORP. City Administrator Hedges introduced the item regarding a planned development amendment for Qdoba Restaurant Corp. to allow a Class II restaurant, additional building signage, outdoor patio and on -sale liquor located at 1298 Promenade Place. City Planner Ridley gave a staff report. • representative of Qdoba Restaurant addressed the City Council and stated he was available for questions • brief discussion was held by the City Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a planned development amendment for Qdoba Restaurant Corp. to allow a Class II Restaurant, additional building signage, outdoor patio and on -sale liquor located at 1298 Promenade Place, subject to the following conditions: Aye: 5 Nay: 0 1. A planned development amendment agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plans are required for the agreement: • Site Plan • Building Elevations • Signage Plan • Patio Plan • Landscape Plan 2. The site shall be developed in conformance with the approved plans: • Patio Plan dated June 7, 2011 • Building Elevations Plan dated June 7, 2011 • Signage Plan dated May 12, 2011 3. As prescribed by the Promenade PD, all building signs shall be individual channel letters and be 4 ft. 8 in. in size. 4. A sign permit is required prior to installation of any sign, and signage is subject to all other requirements of the City Code. 5. The steel awnings shall have similar support brackets as those of the existing tenant of the building. 6. The awnings and patio umbrellas shall not contain signs or logos. 7. A liquor license shall be obtained from the City for the restaurant. On -sale liquor sales also shall comply and be operated in accordance with all relevant state laws and regulations. 8. The east elevation shall be refaced to remove the visibility of the former Blockbuster Video sign prior to release of City Council Meeting Minutes July 5, 2011 4 page the new sign permit. 9. Screening of mechanical units shall comply with the City's mechanical screening ordinance and screening of individual units may be required if necessary to achieve compliance. 10. A revised Landscape Plan shall be submitted to screen the new trash enclosure. 11. The design of the permeable landscape pavers shall be as approved by the City's Engineering Division. CONDITIONAL USE PERMIT EAGAN GENERAL REPAIR City Administrator Hedges introduced the item regarding a conditional use permit for Eagan General Repair to allow outdoor storage of trailers, vehicles, construction equipment and associated material located at 3650 Kennebec Drive. City Planner Ridley gave a staff report. Applicant Mark Durand addressed the City Council. Blaine Carey, Building Manager, addressed the City Council regarding the history of the property and noted no previous code violations on the property. A brief discussion was held by the City Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a conditional use permit for Eagan General Repair to allow outdoor storage of trailers, vehicles, construction equipment and associated material located at 3650 Kennebec Drive, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The outdoor storage shall be limited to the items upon and located in the outdoor storage area as identified on the Site Plan received January 28, 2011. 3. A minim 20' emergency access aisle shall be designated and maintained on the south side of the building, and a 24' drive aisle shall be maintained through the parking and storage area along the west and east sides of the building. 4. Miscellaneous items not shown on the approved Site Plan shall be removed from the storage area and located inside the storage pods or principal building or removed from the site no later than June 1, 2012. 5. The applicant shall submit a revised Site Plan identifying 23 parking stalls, striped per Code Requirements and reflect the required setback requirements. 6. The revised Site Plan shall include the location of the trash containers. 7. Parking stalls, per the revised Site Plan, shall be striped no later than August 1, 2011. 8. City Code violations pertaining to expired license tabs, non - licensed vehicles and outdoor storage of tires, empty barrels, auto parts and other debris shall be corrected no later than June 1, 2012. 9. The storage area shall be cleared of debris and weeds and maintained in an orderly fashion. 10. All parking and storage areas shall be properly maintained to prevent deterioration. 11. Outdoor storage shall be limited to operational vehicles or associated with the applicant's business. FINAL PLAT AND PLANNED DEVELOPMENT AMENDMENT — GOPHER RESOURCE (3385 & 3365 DODD ROAD AND 805 YANKEE DOODLE ROAD) City Administrator Hedges introduced the item regarding a final plat and planned development amendment for Gopher Resource to allow outdoor storage of semi - trailer trucks and expansions to the corporate office building and two other processing and warehouse buildings, as well as to the plastics recycling building located at 3365 and 3385 Dodd Road. City Planner Ridley gave a staff report. Applicant, John Tapper, Chief Operating Officer of Gopher Resource, addressed the City Council and responded to question regarding trailer storage. A brief discussion was held by the City Council and members stated they appreciated the continued investment and success of Gopher Resource. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a final plat (Gopher Eagan Industrial Park 8 Addition) to adjust the boundaries of three parcels with a current legal description of Lot 1, Block 1, City Council Meeting Minutes July 5, 2011 5 page Gopher Eagan Industrial Park 3 Addition; Lot 1, Block 1 Gopher Eagan Industrial Park 6 Addition; and Outlot G, Gopher Eagan Industrial Park 2nd Addition. Aye: 5 Nay: 0 Councilmember Fields moved; Councilmember Bakken seconded a motion to approve termination of the interim use permit upon that portion of Outlot G, Gopher Eagan Industrial Park 2nd Addition being platted as part of Lot 1, Block 1, Gopher Eagan Industrial Park 8 Addition. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a planned development amendment to allow outdoor storage of semi - trucks and trailers, cargo containers and bulk materials in bins, and expansions to the corporate office building and two other processing and warehouse buildings at 3385 Dodd Road, upon proposed Lotl, Block 1, Gopher Eagan Industrial Park 8 Addition, subject to the following conditions. Aye: 5 Nay: 0 1. An amendment to the planned development agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The PD amendment agreement shall include the following exhibits: a. Site Plan b. Building Elevations c. Landscape Plan d. Tree Mitigation Plan 2. Any building expansions not completed within fifteen years (August 1, 2026) shall require a new planned development amendment. 3. The applicant shall continue to work with City Staff to improve addressing and building identification for emergency purposes, including providing an updated Emergency Response Plan. Any new building numbers and door identification mounted on the buildings shall be consistent with the design criteria in the City Code. 4. Exterior materials for all building additions shall be consistent with existing materials and finishes. Introduction of new materials and colors shall be compatible with the existing. 5. Additions to existing buildings shall be subject to mechanical screening requirements in compliance with current City Codes. 6. If proof of parking areas are constructed, then a revised internal circulation plan shall be submitted for review and approval by City staff. 7. The outdoor storage shall be limited to the type and amount and area of items as depicted on the approved Site Plan. 8. Separate Landscape and Tree Mitigation Plans shall be submitted. A financial guaranty shall be provided for both landscape and mitigation trees. The amount of financial guaranty shall be calculated by City Staff, and the guaranty submitted prior to release of the PD Amendment Agreement for recording. 9. The applicant shall submit a revised Tree Preservation Plan to provide information consistent with the requirements of City Code. The revised Tree Preservation Plan shall be submitted for incorporation into the PD Amendment Agreement, subject to review and approval of the City Forester. 10. The applicant shall be responsible for replacing any relocated trees that do not survive the move. 11. The applicant shall be responsible for obtaining all necessary County permits for the access relocation work within Yankee Doodle Road right -of -way. 12. The applicant shall be responsible for obtaining a City grading permit for the proposed service drive and staging area improvements. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a planned development amendment to allow outdoor storage of semi - trucks and trailers and an expansion to the Recycling Zone at 3365 Dodd Road, upon proposed Lot 2, Block 1, Gopher Eagan Industrial Park 8 Addition, subject to the following conditions. Aye: 5 Nay: 0 An amendment to the planned development agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The PD amendment agreement shall include the following exhibits: a. Site Plan b. Building Elevations c. Landscape Plan d. Tree Mitigation Plan City Council Meeting Minutes July 5, 2011 6 page 2. Any building expansions not completed within fifteen years (August 1, 2026) shall require a new planned development amendment. 3. The applicant shall continue to work with City Staff to improve addressing and building identification for emergency purposes, including providing an updated Emergency Response Plan. Any new building numbers and door identification mounted on the buildings shall be consistent with the design criteria in the City Code. 4. Exterior materials for all building additions shall be consistent with existing materials and finishes. Introduction of new materials and colors shall be compatible with the existing. 5. Additions to existing buildings shall be subject to mechanical screening requirements in compliance with current City Codes. 6. If proof of parking areas are constructed, then revised internal circulation plan shall be submitted for review and approval by City staff. 7. The outdoor storage shall be limited to the type and amount and area of items as depicted on the approved Site Plan. 8. Separate Landscape and Tree Mitigation Plans shall be submitted. A financial guaranty shall be provided for both landscape and mitigation trees. The amount of financial guaranty shall be calculated by City Staff, and the guaranty submitted prior to release of the PD amendment agreement for recording. 9. The applicant shall submit a revised Tree Preservation Plan to provide information consistent with the requirements of City Code. The revised Tree Preservation Plan shall be submitted for incorporation into the PD amendment agreement, subject to review and approval of the City Forester. 10. The applicant shall be responsible for replacing any relocated trees that do not survive the move. 11. The applicant shall be responsible for obtaining all necessary County permits for the access relocation work within Yankee Doodle Road right -of -way. 12. The applicant shall be responsible for obtaining a City grading permit for the proposed service drive and staging area improvements. CONDITIONAL USE PERMIT MINNESOTA AUTISM CENTER City Administrator Hedges introduced the item regarding a conditional use permit for Minnesota Autism Center located at 3800 Tesseract Place. City Planner Ridley gave a staff report. The applicant, Ron Cary, addressed the City Council by stating he was available for questions. A brief discussion was held by the City Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a conditional use permit for Minnesota Autism Center located at 3800 Tesseract Place, 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 of approval, and proof of recording shall be submitted to the City, prior to release of the CUP. 2. All signage shall meet City Code standards. Signage not being used by the school shall be removed, including the pylon sign and base. 3. The parking lot shall be striped per City Code standards no later than August 31, 2011; a Parking Plan shall be submitted to Building Inspections for review and approval of accessible parking stalls prior to the lot being striped. 4. Existing landscaping shall be maintained, including mulch replacement, pruning and any dead or dying plant materials replaced. 5. The trash enclosure shall be appropriately secured. LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE The City Council noted the impact of the State shutdown on the City of Eagan. VISITORS TO BE HEARD There were no visitors to be heard. City Council Meeting Minutes July 5, 2011 7 page ADMINISTRATIVE AGENDA The City Attorney noted a Closed Session was needed to discuss Project 1007, Fish Lake alum dosing station and settling basin. CITY COUNCIL COMMENTS The Mayor and City Council commended City staff on the July 4 ffi celebration efforts. ADJOURNMENT Councilmember Bakken moved, Councilmember Fields seconded a motion to adjourn the meeting at 9:05p.m. Aye:5 Nay:0 Date Mayor Clerk