09/04/2012 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
SEPTEMBER 4, 2012
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, September 4, 2012 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 City Administrator Miller, Assistant
City Administrator VanOverbeke, Director of Community Development Hohenstein, City Planner Ridley,
Director of Public Works Matthys, Communications Director Garrison, Police Chief McDonald, Director
of Parks and Recreation Johnson and Executive Assistant Stevenson.
AGENDA
City Administrator Hedges noted Item B. under Public Hearings — Certification of delinquent false alarm
bills was cancelled because all false alarm bills have been paid.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as
presented /modified. Aye:5 Nay:0
RECOGNITIONS AND PRESENTATION
Police Chief McDonald presented the swearing -in of Police Officer Michael Schneider and Police Officer
Calvin Tschida.
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 August 21, 2012.
B. Personnel Items
1. It was recommended to accept the resignation of Sally Ricard, Parks & Recreation
Central Service Aide.
2. It was recommended to approve the hiring of seasonal /temporary employees in Parks &
Recreation.
C. It was recommended to approve Check Registers dated August 17 and 24, 2012.
B. It was recommended accept a grant from the MN Department of Commerce for auto theft
prevention.
C. It was recommended to accept a grant from Target that will be used to purchase
surveillance equipment.
D. It was recommended reimbursement from the Eagan Citizens' Crime Prevention Association
for the purchase and training of our new K -9 Badger.
E. It was recommended to approve Police Liaison services agreement with Independent School
District 196.
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September 4, 2012
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H. It was recommended to approve an Agreement for Temporary Contract Building Inspections
Services.
I. It was recommended to approve the Final Subdivision and Final Planned Development of
Nicols Ridge 5t" Addition.
J. It was recommended to approve the Exempt Permit for Eagan High School Boys Lacrosse
Booster Club to hold a raffle on March 14, 2013.
K. It was recommended to approve the July 1, 2012 to July 1, 2013 General Insurance Renewal.
L. It was recommended to approve Change Order #2 for City Conduit and Fiber Contract 12 -08.
M. It was recommended to approve Change Order #8 for City Conduit and Fiber Contract 11 -14.
N. It was recommended to approve the Final Payment, Contract 11 -08, Cedar Grove Boulevard.
0. It was recommended to receive the Final Assessment Report for Project No. 1057, Highview
Acres - Street and Utility Improvements and Schedule Public Hearing for October 2, 2012.
P. It was recommended to receive the Final Assessment Report for Project No. 1060, Tesseract
( Tesseract Place) - Street and Utility Improvements and Schedule Public Hearing for October
2, 2012.
Q. It was recommended to receive the Final Assessment Report for Project No. 1061, S & W
Industrial (Sibley Court) - Street and Utility Improvements and Schedule Public Hearing for
October 2, 2012.
R. It was recommended to receive the Final Assessment Report for Project No. 1062, Kings
Wood/ Cutters Ridge /Sherwood Downs - Street and Utility Improvements and Schedule
Public Hearing for October 2, 2012.
S. It was recommended to receive the Final Assessment Report for Project No. 1063,
Chatterton Ponds - Street and Utility Improvements and Schedule Public Hearing for
October 2, 2012.
T. It was recommended to approve the Resolution to accept a donation of 216 cases of water
from Twin Cities Goodtime Softball League to be used for various recreation programs and
events.
U. It was recommended to approve the donation of used playground equipment from Wescott
Park playground to KAW (Kids Around the World) to be recycled and reused in a developing
country yet to be identified.
V. It was recommended to approve the Resolution consenting to refunding of Ecumen's 2008
housing revenue bonds (to be refinanced through the City of Moorhead).
W. Item Removed
X. It was recommended ratification of a contract with NPL Construction Company for conduit
installation in partnership with Dakota Electric Association
Y. It was recommended to schedule a Special City Council meeting on Monday, September 24,
2012 at 5 p.m.
Z. It was recommended to approve additional house plans for Stonehaven development.
PUBLIC HEARINGS
CERTIFICATION OF DELINQUENT UTILITY BILLS
City Administrator Hedges noted the City Code allows for collection through certification of delinquent
utility bills which are not paid. The City currently has approximately 803 utility bill accounts with
delinquent balances. Hedges continued all notices have been published in the legal newspaper and sent
to all affected property owners informing them of this hearing and their proposed assessments.
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September 4, 2012
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Mayor Maguire opened the public hearing, there being no public comment, he turned the discussion
back to the City Council.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to close the public hearing
and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota
County for collection with property taxes. Aye: 5 Nay: 0
CERTIFICATION OF DELINQUENT MOWING BILLS
City Administrator Hedges noted the City Code allows for collection of delinquent mowing bills through
certification to property taxes. A 10% penalty and a $25 certification fee are added to all outstanding
delinquent bills. The City currently has two properties with delinquent mowing bills. Both of these
properties have been or are currently somewhere in the foreclosure process.
Mayor Maguire opened the public hearing, there being no public comment, he turned the discussion
back to the City Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing
and approve the final assessment roll for delinquent mowing bills and authorize its certification to
Dakota County. Aye: 5 Nay: 0
VACATE PUBLIC DRAINAGE & UTILITY EASEMENT — OUTLOT A BOULDER LAKES
City Administrator Hedges noted on June 20, 2012, City staff received a petition from the property
owner, Greg Miller, representing Interstate Partners LLC requesting the vacation of a public drainage
and utility easement within Outlot A, Boulder Lakes, located northwest of Lone Oak Road and Ames
Crossing Road in northeast Eagan. The easement is a drainage and utility easement covering the entire
property and existing public storm sewer along the west edge of the site. Hedges continued a vacation
of the public drainage & utility easement is contingent upon approval of the Planned Development
Amendment, Final Planned Development, and Final Plat. The Council action on the vacation of
easements should be concurrent with Council action on these development items.
Director of Public Works Matthys gave a staff report.
Mayor Maguire opened the public hearing, there being no public comment, turned the discussion back
to the City Council.
Councilmember Fields moved, Councilmember Tilley seconded a motion to close the public hearing and
continue Item D. Vacate Public Drainage & Utility Easement, Outlot A, Boulder Lakes for motion and
approval under New Business Item E. Aye: 5 Nay: 0
OLD BUSINESS
There were no items for discussion.
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September 4, 2012
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NEW BUSINESS
CERTIFICATION OF THE PRELIMINARY 2013 BUDGET AND PROPERTY TAX LEVY, AND SETTING OF
PUBLIC MEETING DATE ON WHICH THE BUDGET AND LEVY WILL BE DISCUSSED
City Administrator Hedges noted the total levy is $28,322,017. Hedges announced the next regularly
scheduled meeting at which the levy and budget will be discussed is the City Council meeting of
Tuesday, December 4 at 6:30 p.m. in the Council Chambers at which the public will be allowed to speak.
Hedges continued the City Council is required by law to certify the proposed payable 2013 budget and
property tax levy on or before September 17. The levy can be subsequently decreased, but not
increased.
Mayor Maguire opened the meeting for public comment. There being no public comment, he turned
the discussion back to the Council.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the preliminary
payable 2013 property tax levy as follows: Operating $26,998,436, Debt service $201,564, Community
Center debt service $1,122,017 for a Total levy of $28,322,017. Aye: 5 Nay: 0
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the preliminary
2013 General Fund expenditure budget, including contingency, of $28,854,000. Aye: 5 Nay: 0
Councilmember Bakken moved, Councilmember Fields seconded a motion to set the date for the public
hearing of the 2013 levy and budget as December 4, 2012. Aye: 5 Nay: 0
CONDITIONAL USE PERMIT — SIMPLY SELF STORAGE
City Administrator Hedges noted the Advisory Planning Commission held a public hearing on August 28,
2012 and is recommending approval. City Planner Ridley gave a staff.
Mayor Maguire opened the meeting for public comment. There being no public comment, he turned
the discussion back to the Council.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use
Permit to allow outdoor storage for up to 18 passenger vehicles, trailers and /or boats on property
located at 4025 Old Sibley Memorial Highway, subject to the revised conditions as follows:
Aye:S Nay:O
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the
City Council and proof of its recording provided to the City.
2. The outdoor storage shall be limited to those items approved and located in the outdoor storage
area as identified on the Site Plan received August 13, 2012.
3. No additional outdoor storage shall be allowed.
4. The outdoor storage area shall be surfaced with bituminous asphalt as identified on the Site
Plan received August 13, 2012, including concrete curb and gutter.
5. The applicant shall obtain a grading permit from the City prior to the construction of the proposed
outdoor storage areas.
6. All parking and storage areas shall be properly maintained to prevent deterioration.
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September 4, 2012
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7. The applicant shall install one fire hydrant at the main entrance with review and approval by the City
Engineer.
8. The applicant shall install No Parking Fire Lane signs around the outside perimeter of the property,
spacing to be every 100 feet apart, in a form acceptable to the City Fire Marshal.
9. All outdoor storage shall be brought into compliance within 60 days following City Council approval.
10. The applicant shall replace any landscaping disturbed by the parking area expansion, in a location
approved by City staff, by June 1, 2013.
CONDITIONAL USE PERMIT— MURPHY WAREHOUSE
City Administrator Hedges noted the Advisory Planning Commission held a public hearing on August 28,
2012 and is recommending approval. City Planner Ridley gave a staff.
The applicant Richard Murphy gave a summary of the request and was available to answer questions.
The Council discussed the issues. Mayor Maguire opened the meeting for public comment. There being
no public comment, he turned the discussion back to the Council.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Conditional Use
Permit to outdoor storage of trailers and trucks upon property located at 905 Yankee Doodle Road,
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 number and type of vehicles shown on the site plan
3. The storage area shall be maintained in an orderly fashion.
4. All parking and storage areas shall be properly maintained to prevent deterioration.
5. All fencing and landscape trees shall be installed by June 30, 2013.
6. Lock boxes meeting Fire Department specifications shall be installed at all fence gate locations.
7. A Final Landscape Plan shall be submitted which identifies perennial plantings and tree mitigation.
8. Tree mitigation is required in the amount of 37 Category B trees. The Final Landscape Plan should
identify the mitigation trees, both in the legend and graphically, in accordance with the tree
mitigation obligation pursuant to City Code. All trees shall be planted no later than June 30, 2013.
9. Prior to commencing site work, the applicant shall provide a financial guarantee for the landscaping
and tree mitigation in accordance with City Code Section 11.70, Subd. 12 & 13.
10. Prior to release of the CUP for recording, the applicant shall provide a proof of parking plan to show
how additional parking for the existing 70 stalls can be accommodated on the site.
11. Parking stalls along the west side shall be 10' wide to provide more space between vehicles for
emergency access.
12. Signs shall be subject to compliance with the City Sign Code. A Sign Permit shall be obtained prior to
installation of any signs.
13. Building address numbers shall be installed and displayed in accordance with the provisions in
Section 2.78 of the City Code.
14. Any new mechanical equipment that may be installed either on the building or on the ground shall be
screened in accordance with City Code requirements.
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September 4, 2012
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CONDITIONAL USE PERMIT AND VARIANCE — HOLIDAY STATION STORES, INC.
City Administrator Hedges noted the Advisory Planning Commission held a public hearing on August 28,
2012 and is recommending approval. City Planner Ridley gave a staff report.
The applicant Dave Edquist, Manager of Real Estate for Holiday was available to answer questions.
Mayor Maguire opened the meeting for public comment. There being no public comment, he turned
the discussion back to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use
Permit to permit a free - standing accessory car wash, upon property located at 4595 Nicols Road, 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 property shall be developed in accordance with the approved Site Plan dated
July 31, 2012.
3. The north wall of the existing building shall be finished with materials to match the rest of the
building.
4. The proposed car wash building shall have exterior finish materials to match the principal building.
5. Lighting fixtures should be downcast and shielded to prevent the source of light from being visible
from off the property.
6. Entry and exit doors shall be closed during wash /dry cycles.
7. A sign permit is required for all signs prior to installation.
8. Building address numbers shall be installed in accordance with Section 2.78 of the City Code.
9. A Final Landscape Plan, signed by a registered landscape architect, shall be provided at the time of
Building Permit application.
10. The unhealthy tree that is being removed shall be replaced with a similar tree.
11. All mechanical equipment shall be screened from off -site views in accordance with City Code
standards. Mechanical equipment (rooftop and ground mounted) shall be shown on the plans for
Building Permit with the screening methods identified.
12. The rain garden shall be installed according to the guidance of the MN Pollution Control Storm
Water Manual, and overseen and inspected by City staff at time of installation. Also, the developer
shall enter into a maintenance agreement, in a form acceptable to the City Attorney, providing for
the long -term maintenance of these rain gardens.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a 10' Variance to
the required 20' rear yard structure setback, for a free - standing accessory car wash building, upon
property located at 4595 Nicols Road. Aye: 5 Nay: 0
PLANNED DEVELOPMENT AMENDMENT, FINAL PLANNED DEVELOPMENT AND FINAL PLAT —
BOULDER LAKES BUSINESS PARK
City Administrator Hedges noted the Advisory Planning Commission held a public hearing on August 28,
2012 and is recommending approval. It includes a Planned Development Amendment and Final Planned
Development, a Final Plat and the Vacation item listed under Public Hearings Item D. City Planner Ridley
gave a staff report.
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September 4, 2012
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The applicant Greg Miller with Interstate Partners was available to answer questions.
The Council discussed the issues. Mayor Maguire opened the meeting for public comment. There being
no public comment, he turned the discussion back to the Council.
Councilmember Hansen noted in the August 30, 2012 APC minutes #4 under conditions should read:
Parking stalls shall be a minimum of 9 feet in width and 18 feet in depth. 9.5' wide parking stalls shall be
provided beneath the canopy along the west side of the lot to provide better access between vehicles in
case of emergency.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Planned
Development Amendment and Final Planned Development to construct a single -story office /tech
building upon approximately 4.83 acres located north of Lone Oak Road and west of Ames Crossing
road, subject to the following conditions as amended: Aye: 5 Nay: 0
1. A Final 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
Final Planned Development Agreement shall include the following exhibits:
a) Final Site Plan
b) Final Building Elevations
c) Final Landscape Plan
d) Final Signage Plan
e) Final Site Lighting Plan
2. The property shall be platted.
3. This development consists of a one -story 60,448 s.f. office /tech building.
4. Parking stalls shall be a minimum of 9 feet in width and 18 feet in depth. 9.5' wide parking stalls
shall be provided beneath the canopy along the west side of the lot to provide better access
between vehicles in case of emergency.
5. The fence enclosing the generators shall have a gate for access. The security gates across the
driveways and for the generator area shall have lockboxes with key access for emergency personnel
to be able to access these areas in case of fire or other emergency.
6. Rooftop and ground mechanical equipment shall be screened from off -site views. If rooftop
mechanical equipment is not fully screened by the parapet wall from ground level views of adjacent
properties or streets, a physical screen shall be used in combination with the parapet to attain full
screening of the rooftop units. Such screening shall be architecturally compatible with the principal
building.
7. Signage in this Planned Development is subject to City Sign Code standards. If a monument sign is
installed, it shall be consistent with the monument sign for the one existing building in the Boulder
Lakes development with regard to design, size and materials.
8. Building address numbers shall be displayed in accordance with Section 2.78 of the City Code.
9. The applicant shall work with City staff on final tree species selection, subject to approval of the City
Forester.
10. The Landscape Plan shall be revised to include shrub beds to achieve screening of 75% at maturity
for the parking areas along Ames Crossing Road and Shanahan Way.
11. The applicant shall fulfill required tree mitigation through the installation of five (5) Category B trees
(or an equivalent number of Category A, B, or C trees) as fulfillment of Tree Preservation
requirements.
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12. A financial guarantee for landscaping shall be provided at the time of building permit issuance, in
conformance with City Code requirements.
13. This development shall be responsible for the acquisition of all regulatory agency permits required
by the affected agency prior to final plat approval.
14. This development shall be responsible for a cash park dedication payable at the time of building
permit issuance, at the rates then in effect.
15. The support pillars, metal fascia and soffits of the canopies shall be in a color that matches the
principal building.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Final Plat to
create one lot consisting of 4.83 acres. Aye: 5 Nay: 0
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the vacation of a
public drainage and utility easement within Outlet A, Boulder Lakes, and authorize the Mayor and City
Clerk to execute all related documents. Aye: 5 Nay: 0
PRELIMINARY SUBDIVSION, FINAL SUBDIVISION AND FINAL PLANNED DEVELOPMENT —
EAGAN CAR CLUB 2 "D ADDITION
City Administrator Hedges noted the Final Subdivision is not ready for consideration at this time.
Hedges continued the Advisory Planning Commission held a public hearing on August 28, 2012 and is
recommending approval. City Planner Ridley gave a staff report.
Mayor Maguire opened the meeting for public comment. There being no public comment, he turned
the discussion back to the Council.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Preliminary
Subdivision creating seven lots and two outlots on approximately six acres located on the west side of
Highway 3, immediately north of 4135 Highway 3, subject to the following conditions: Aye: 5 Nay: 0
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Final Planned
Development consisting of seven buildings with a total of 76 storage units and a club house, subject to
the following conditions: Aye: 5 Nay: 0
1. A Final Planned Development Agreement shall be executed and recorded with the Dakota County
Recorder's office prior to issuance of a building permit. Proof of recording shall be provided to the
City. The following plans are required for the Agreement:
• Site Plan
• Building Elevations
• Landscape Plan
• Tree Mitigation Plan
• Lighting Plan
2. Any prospective add -on uses for the club house i.e. accessory product sales and /or service for the
storage users shall be identified, reviewed and approved by the City.
3. No unit owner residences or businesses shall be allowed; this shall also be a covenant restriction.
4. No repair work shall occur between 10 PM and 7 AM.
5. A property manager shall be identified and contact information for same shall be provided to the
City before any building occupancy.
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6. Refuse /recycling containers shall be located indoors.
7. The interior - facing fagade elevations are allowed with a prefinished metal primary surface.
8. The following building fagades shall meet the City Code standard for materials and percentage
breakdown:
Building A: North, south and east
Building B: North, south and east
Building C: North
Building D: North and west
Building E: West and east
Building F: West, east and south
Building G: North, south and east
9. If the proposed parapets do not adequately screen the mechanical equipment, the developer shall
provide an alternative screening mechanism.
10. The Developer shall install tree mitigation trees within the temporary easement and in proximity to
the conservation easement area as approved by the City. All tree plantings in these areas shall be
field verified by City Forestry staff before installation.
11. The developer shall be responsible for replacement of dead or dying material for the first year
following complete installation.
12. All signage shall be consistent with City Code signage requirements and require a Sign Permit(s).
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There were no items for discussion.
ECONOMIC DEVELOPMENT AUTHORITY
There are no items for discussion.
There were no items at this time.
There were no visitors to be heard.
ADMINISTRATIVE AGENDA
VISITORS TO BE HEARD
ADJOURNMENT
Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at
7:57 p.m. Aye: 5 Nay: 0
�/a- /4
Date
Mayor
Clerk