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10/02/2012 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota OCTOBER 2, 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. Doreen Gloode, Kristi Sebastion, Ariana Schlegel and Meg Sebastion with Girl Scouts Eagan Service Unit were present and addressed the City Council inviting them to celebrate the 100th year of Girl Scouts Centennial Day of Service on Saturday, October 13 at various Eagan parks. The group gave a detailed description of their Take Action Project — Clean Water, mentioning how Eric Macbeth, Water Resources Manager, was a helpful resource. Mayor Maguire thanked the group and suggested a follow up presentation, sharing the results of the event, at a future City Council meeting. Three members of the Twin Cities Obesity Prevention Coalition presented the City with window clings proclaiming Eagan as a Healthy Living Community. This was a follow -up to the City Council passing a resolution last March to proclaim Eagan as a "Healthy Eating and Active Living Community ". The window clings will be placed at Parks & Recreation facilities. A regular meeting of the Eagan City Council was held on Tuesday, October 2, 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 Lieutenant New, Fire Chief Scott and Executive Assistant Stevenson. Mayor Maguire acknowledged the students from Cretin Derham Hall, who were in attendance for their United States Government class. AGENDA City Administrator Hedges noted Consent Item 0. to Approve Final Subdivision — Eagan Car Club 2nd Addition, should be pulled. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the agenda as presented /modified. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION Fire Chief Scott swore in Firefighters Jason Bird, Mallory Vedder, Kimberly Williams and Rob Iten. Absent were Firefighters Matthew Dummann, John Zanaska, and Chris Schmidt. Mayor Maguire congratulated the new Firefighters. CONSENT AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. There were no minutes to approve. City Council Meeting Minutes October 2, 2012 2 page B. Personnel Items: It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation. C. It was recommend to approve Check Register dated September 14, 2012. D. It was recommended to approve the 2012 -13 Energy and Environment Advisory Commission Work Plan and Goals. E. It was recommended to approve the Final Payment for Contract 12 -10, 2012 Citywide Storm Sewer Utility Improvements. F. It was recommended to receive the Final Assessment Report for Project No. 1064 — Hills of Stonebridge 2nd & 3rd - Street Improvements and Schedule Public Hearing for November 7, 2012. G. It was recommended to receive the Final Assessment Report for Project No. 1066 — Coventry Pass 1St -2nd/ Country Hollow - Street Improvements and Schedule Public Hearing for November 7, 2012. H. It was recommended to receive the Final Assessment Report for Project No. 1069 — Cliff Ridge — Street Improvements and Schedule Public Hearing for November 7, 2012. I. It was recommended to receive the Final Assessment Report for Project No. 1075 — Great Oaks Lane/ Great Oaks Circle - Street Improvements and Schedule Public Hearing for November 7, 2012. J. It was recommended to receive the Petition to Vacate Public Easements, MVTA Bus Garage Expansion and Schedule a Public Hearing for November 7, 2012. K. It was recommended to approve the Plans & Specifications and Authorize Advertisement for Bids for Contract 12 -12, Cedar Grove Boulevard Phase II — Grading Improvements. L. It was recommended to approve the AccessEagan Non - Exclusive Network Access and Use Agreement, Carrier Connection Reimbursement Agreement, and Property Owner Connection Agreements. M. It was recommended to approve Election Judges for the November 6, 2012 General Election. N. It was recommended to approve the Absentee Ballot Board Judges for the November 6, 2012 General Election. O. Item Pulled. P. Item Removed. PUBLIC HEARINGS PROJECT NO. 1063, CHATTERTON PONDS STREET IMPROVEMENTS — FINAL ASSESSMENT HEARING City Administrator Hedges noted Project 1063 provided for the street overlay improvements within Chatterton Ponds in central Eagan. Director of Public Works Matthys gave a staff report and provided additional history on the project. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the City Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Final Assessment Roll Project 1063 ( Chatterton Ponds) and authorize its certification to Dakota County for collection. Aye:5 Nay:0 City Council Meeting Minutes October 2, 2012 3 page PROJECT NO. 1057, HIGHVIEW ACRES STREET IMPROVEMENTS — FINAL ASSESSMENT HEARING City Administrator Hedges noted Project 1057 provided for the street overlay improvements on Highview Avenue, a residential street within the Highview Acres neighborhood, in northwest Eagan. Director of Public Works Matthys gave a staff report and provided additional history on the project. 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 approve the Final Assessment Roll for Project 1057 (Highview Acres — Highview Avenue) and authorize its certification to Dakota County for collections. Aye: 5 Nay: 0 PROJECT NO. 1062, KINGS WOOD / CUTTERS RIDGE / SHERWOOD DOWNS STREET IMPROVEMENTS — FINAL ASSESSMENT HEARING City Administrator Hedges noted Project 1062 provided for the street overlay improvements within the Kings Wood, Cutters Ridge, and Sherwood Downs additions in central Eagan. Director of Public Works Matthys gave a staff report and provided additional history on the project. 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 approve the Final Assessment Roll for Project 1062 (Kings Wood /Cutters Ridge /Sherwood Downs) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 1061, S & W INDUSTRIAL ACRES (SIBLEY COURT) STREET IMPROVEMENTS — FINAL ASSESSMENT HEARING City Administrator Hedges noted Project 1061 provided for the street overlay improvements within the S & W Industrial Acres (Sibley Court) in west central Eagan. Director of Public Works Matthys gave a staff report and provided additional history on the project. Mayor Maguire opened the public hearing. On behalf of the property owners, Jeremy Marks, property manager of Simply Self Storage located at 4025 Old Sibley Memorial Highway, addressed the City Council noting that a letter of objection has been filed. There being no further public comment, Mayor Maguire turned the discussion back to the City Council. City Council Meeting Minutes October 2, 2012 4 page Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Final Assessment Roll for Project 1061 (S & W Industrial Acres — Sibley Court) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT NO. 1060, TESSERACT ( TESSERACT PLACE) STREET IMPROVEMENTS — FINAL ASSESSMENT HEARING City Administrator Hedges noted Project 1060 provided for the street overlay improvements within the Tesseract Addition (Tesseract Place) in northwest Eagan. Director of Public Works Matthys gave a staff report and provided additional history on the project. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the City Council. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve the Final Assessment Roll for Project 1060 (Tesseract — Tesseract Place) and authorized its certification to Dakota County for collection. Aye: 5 Nay: 0 OLD BUSINESS ORDINANCE AMENDMENT — AN ORDINANCE AMENDMENT TO CHAPTER 3, ADDING SECTION 3.70 RELATIVE TO THE FIBER OPTIC INFRASTRUCTURE NETWORK FOR ADVANCED COMMUNICATIONS and APPROVE RESOLUTION REGARDING FIBER INFRASTRUCTURE FUND IN CONNECTION WITH CITY'S FIBER OPTIC INFRASTRUCTURE NETWORK City Administrator Hedges introduced the item, noting in the summer of 2011, the City undertook a phased extension of City fiber. Hedges add that the Council's stated purpose of the extension was to provide for open access use by private sector providers to serve local businesses. Assistant City Administrator Miller was available for questions. The City Council discussed the proposed ordinance amendment and resolution. Mayor Maguire opened the meeting for public comment. There being no public comment, he turned the discussion back to the Council. Council member Bakken moved, Councilmember Fields seconded a motion to approve an Ordinance Amendment to City Code Chapter 3, adding section 3.70 relative to the non - exclusive fiber optic infrastructure for an advanced communications network, adopt by reference Eagan City Code Chapter 1 and Section 3.99, and direct the City Attorney to prepare and publish the summary amendment in the legal newspaper. Aye: 5 Nay: 0 Council member Bakken moved, Councilmember Fields seconded a motion to adopt a resolution regarding the City's Fiber Optic Infrastructure Network (AccessEagan). Aye: 5 Nay: 0 City Council Meeting Minutes October 2, 2012 5 page NEW BUSINESS REZONING AND PRELIMINARY SUBDIVISION — BENNEROTTE City Administrator Hedges noted the Advisory Planning Commission held a Public Hearing on September 24, 2012, and is recommending approval of the rezoning and preliminary subdivision, including the prepayment option for future street and utility extensions. City Planner Ridley gave a staff report and provided additional history on the property. The applicant was available for questions. The City Council discussed the issue. Mayor Maguire opened the meeting for public comment. There being no public comment, he turned the discussion back to the Council. Council member Tilley moved, Councilmember Hansen seconded a motion to approve a Rezoning from A, Agricultural, to LB, Limited Business, upon approximately 4.85 acres located east of Courthouse Lane and north of Highway 55. Aye: 5 Nay: 0 Council member Tilley moved, Councilmember Hansen seconded a motion to approve a Preliminary Subdivision to create one lot and one outlot upon 4.85 acres located east of Courthouse Lane and north of Highway 55, subject to the following conditions as amended: Aye: 5 Nay: 0 1. The property shall be platted. 2. The developer shall provide building material percentage details for all elevations at time of building permit. 3. Mechanical equipment shall be screened per City Code requirements 4. The Landscape Plan shall be revised to add foundation plantings on the north side of the building, include a second species on the east of the building to be consistent with the planting schedule and overlay the mitigation trees to ensure adequate spacing. 5. The developer shall fulfill required tree mitigation through the installation of twenty -four (24) Category A trees and a cash amount of $21,300. Tree preservation for Outlot A shall be considered at the time of future development. 6. The developer shall be responsible for a cash parks and trail dedication for the newly created lots. 7. The developer shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to Building Permit approval. 8. The developer shall obtain the necessary right -of -way permits from MnDOT. 9. All erosion /sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MnDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion /sediment control devices, and the establishment of vegetation for the development, shall have received Erosion /Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 10. The developer shall provide a financial contribution in an amount determined by the city engineer, for the future extension of Courthouse Lane to the east (including the corresponding utilities and a sidewalk /trailway on the north side of the road) and the extension of the internal road (and corresponding utilities) to the north. 11. All well and septic systems within the development shall be abandoned in accordance with City and County standards. City Council Meeting Minutes October 2, 2012 6 page 12. The developer shall provide the City appropriate soil- boring analysis of the location of the proposed stormwater management feature, to evaluate and ensure suitability for infiltration. 13. The developer shall be responsible for annual inspection and maintenance of the stormwater management feature and for providing the City documentation of these activities. 14. The developer shall enter into a maintenance agreement, in a form acceptable to the City Attorney, to address long term maintenance of the stormwater management feature. CONDITIONAL USE PERMIT — ANDERSON PROPERTIES, INC. City Administrator Hedges noted the Conditional Use Permit went before the Advisory Planning Commission at their meeting on September 24, 2012, and recommended approval. City Planner Ridley gave a staff report and provided additional history on the property. The applicant was available for questions. The City Council discussed the issue. Mayor Maguire opened the meeting for public comment. There being no public comment, he turned the discussion back to the Council. Council member Fields moved, Councilmember Hansen seconded a motion to approve a Conditional Use Permit to permit a Laundromat in the Cedar Grove District zoning district upon property located at 1967 Silver Bell Road, subject to the following conditions as amended: 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. Any new rooftop mechanical equipment shall be screened in accordance with the requirements of City Code Sec. 11.70, Subd. 12 -D -12. Such equipment must be set back a minimum of 20 feet from the edge of the roof, located and entirely screened from public view and from the ground level of adjacent property and streets that are of equal grade with the subject building. 3. Hours of operation shall be limited to between 7:00 a.m. and 1:00 a.m. in accordance with City Code provisions. 4. The applicant is responsible for any sewer availability charges resulting from the introduction of this use. All sewer availability charges shall be paid prior commencing the operation of the Laundromat. 5. A Sign Permit is required for any new signage and all signs shall be subject to City Code requirements. PLANNED DEVELOPMENT AMENDMENTS —TOWN LAKE MANAGEMENT City Administrator Hedges noted the Advisory Planning Commission held a public hearing on September 24, 2012 and recommended approval of both requests. City Planner Ridley gave a staff report and provided additional history on the property. The applicant's representative was available for questions. The City Council discussed the issue. Mayor Maguire opened the meeting for public comment. There being no public comment, he turned the discussion back to the Council. Councilmembers discussed their desire to have landscaping added that would provide varying heights to provide visual interest. The applicant's representative stated they plan to add the pillars r-. City Council Meeting Minutes October 2, 2012 7 page and wrought -iron looking fence but did not have a need for the monument. The City Council agreed that adding similar fencing would be important. Council member Hansen moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to change the approved signage plan for property located at 2640 Eagan Woods Drive, 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: • Building Signage Plan 2. The mechanical equipment shall be screened in accordance with City Code requirements. Such screening shall be accomplished by September 1, 2013. 3. Building address numbers should be installed and displayed in accordance with the provisions in Section 2.78 of the City Code. Council member Hansen moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment for the removal of the required monument feature upon property located at 2640 Eagan Woods Drive, 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: • Landscape Plan CONDITIONAL USE PERMIT AND VARIANCE — DAKOTA COUNTY PARKS City Administrator Hedges noted the Advisory Planning Commission held a Public Hearing on September 24, 2012, and is recommending approval. City Planner Ridley gave a staff report and provided additional history on the property. Bruce Blair was in attendance on behalf of Dakota County and was available for questions. The City Council discussed the issue. Mayor Maguire opened the meeting for public comment. There being no public comment, he turned the discussion back to the Council. Council member Bakken moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to amend the Comprehensive Sign Agreement for Lebanon Hills Regional Park to include an additional eight signs for properties located at 1350 Carriage Hills Drive, 800 —120th Street, 4801 Johnny Cake Ridge Road, 860 Cliff Road, and the intersection of Galaxie Avenue /Safari Trail, subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. The Applicant shall modify the Sign Agreement in a form acceptable to the City Attorney. 3. The signs shall be located as per the overall Sign Plan received September 6, 2012. 4. A sign permit for each sign shall be obtained prior to installation. 5. All Signage shall meet sign setback requirements. City Council Meeting Minutes October 2, 2012 8 page 6. The signs shall comply with all other applicable Zoning Ordinance provisions. 7. The proposed signs shall not exceed 7' in height. 8. Landscaping shall be restored to the current condition by June 1, 2013. Council member Bakken moved, Councilmember Tilley seconded a motion to approve a Variance to the height of the sign face for seven signs within Lebanon Hills Regional Park for properties located at 1350 Carriage Hills Drive, 800 - 120th Street, 4801 Johnny Cake Ridge Road, 860 Cliff Road, and the intersection of Galaxie Avenue /Safari Trail, subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The Applicant shall amend the Sign Agreement in a form acceptable to the City Attorney. 3. The signs shall be located as per the overall Sign Plan received September 6, 2012, 4. A sign permit for each sign shall be obtained prior to installation. 5. All signage shall meet sign setback requirements. 6. The signs shall comply with all other applicable Zoning Ordinance provisions. 7. The overall sign face shall not exceed 5'11" in height. 8. Landscaping shall be restored to the current condition by June 1, 2013. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE APPROVE CORRESPONDENCE TO THE METROPOLITAN AIRPORTS COMMISSION WITH COMMENTS REGARDING THE ENVIRONMENTAL ASSESSMENT ON THE MSP LONG TERM COMPREHENSIVE PLAN City Administrator Hedges noted the Metropolitan Airports Commission (MAC) recently completed a draft Environmental Assessment (EA) on their proposed Long Term Comprehensive Plan, which anticipates development needs at the airport, as well as predicts future passenger and operations levels. Hedges added that the proposed correspondence to the MAC is recommended by the Airport Relations Commission. Assistant City Administrator Miller was available for questions. Mayor Maguire opened the meeting for public comment. There being no public comment, he turned the discussion back to the Council. Council member Tilley moved, Councilmember Hansen seconded a motion to approve correspondence to the Metropolitan Airports Commission with comments on the Environmental Assessment for the MSP Long Term Comprehensive Plan. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA DIRECTOR OF PUBLIC WORKS Director of Public Works Matthys noted the attorney's office and City staff are scheduling a meeting with Ecolab to discuss their objection to the special assessments to their property. City Council Meeting Minutes October 2, 2012 9 page There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:36 p.m. Aye: 5 Nay: 0 Date WE M11 , �' --MYU,-2, N.