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11/07/2012 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota NOVEMBER 7, 2012 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Hansen and Fields. Councilmember Tilley was absent. A regular meeting of the Eagan City Council was held on Wednesday, November 7, 2012 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Hansen and Fields. 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, Fire Chief Scott, Police Chief McDonald and Executive Assistant Stevenson. AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye:4 Nay:0 RECOGNITIONS AND PRESENTATION The City Council recognized the Eagan Girl Scouts Centennial Day of Service on October 13, 2012, noting in Eagan, over 400 Girl Scouts and volunteers raked at Walnut Hill, Trapp Farm, Blackhawk, Northview and Thomas Lake parks and filled about 1,250 bags of leaves and debris. They also distributed over 300 door hangers and applied almost 120 storm drain labels. Several of the Girl Scouts addressed the Council, giving a brief presentation of the event. CONSENT AGENDA Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the Consent Agenda as presented /modified. Aye: 4 Nay: 0 A. It was recommended to approve the minutes of September 11 & 28, October 2, 16 and 22, 2012 B. Personnel Items 1. It was recommended to approve the City of Eagan's Payment Credit Card Industry Compliance Policy, (PCI Compliance Policy) 2. It was recommended to approve the hiring of the Assistant Finance Director "to be named" 3. It was recommended to approve the hiring of Seasonal / Temporary Employees in Parks & Recreation C. It was recommended to approve the Check Registers dated October 5, 12, 19, 26, 2012 D. It was recommended to approve an Amendment to a Grant from the State of Minnesota on Behalf of the Dakota County Drug Task Force and Approve a Resolution Authorizing Execution of the Agreement E. It was recommended to authorize an Application of a Grant from the Metropolitan Regional Arts Council for an Arts Learning Grant for Arts Programming in 2013 F. It was recommended to approve the 2013 Funding Application from Dakota Valley Recycling to Dakota County for the Community Landfill Abatement Funds and Local Negotiated Initiative Funds City Council Meeting Minutes November 7, 2012 2 page G. It was recommended to approve the 2012 -2013 Airport Relations Commission Work Plan H. It was recommended to approve a Resolution Removing Burn Ban I. It was recommended to approve Final Payment for Contract 12 -02, 2012 Citywide Street Improvements J. It was recommended to approve a Resolution In Support of Dakota County's 5 -Year Transportation Capital Improvement Program (2013 -2017) K. It was recommended to approve the Snowplow Defensive Driving Training Agreement with Dakota County Technical College L. It was recommended to approve the Blackhawk and Thomas Lake Management Plans for Submittal to the Minnesota Pollution Control Agency (MPCA) M. It was recommended to approve a Joint Powers Agreement with Dakota County to Participate in the Dakota County Wetland Health Evaluation Program N. It was recommended to approve a Temporary On -Sale Liquor License and waive the license fee for Faithful Shepherd Catholic School's Live and Silent Auction on February 9, 2013 0. It was recommended to approve the Final Subdivision — Eagan Car Club 2nd Addition P. It was recommended to approve an Exempt Permit for Faithful Shepherd Catholic School to hold a raffle on February 9, 2013 Q. It was recommended to approve an Off -Sale Liquor License for The Herman Group, Inc. DBA Diffley Square Liquors, 4130 Blackhawk Road #102 PUBLIC HEARINGS PROJECT 1075, GREAT OAKS LANE / GREAT OAKS CIRCLE STREET IMPROVEMENTS — FINAL ASSESSMENT HEARING City Administrator Hedges noted Project 1075 provided for the street overlay improvements on Great Oaks Lane and Great Oaks Circle, residential streets in east - 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 further public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Final Assessment Roll for Project 1075 (Great Oaks Lane / Great Oaks Circle — Street Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 PROJECT 1069, CLIFF RIDGE STREET IMPROVEMENTS— FINAL ASSESSMENT HEARING City Administrator Hedges noted Project 1069 provided for the street overlay improvements on Cliff Ridge Court, a residential street in south - 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 Fields seconded a motion to approve the Final Assessment Roll for Project 1069 (Cliff Ridge —Street Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 City Council Meeting Minutes November 7, 2012 3 page PROJECT 1064, HILLS OF STONEBRIDGE 2nd & 3rd STREET IMPROVEMENTS — FINAL ASSESSMENT HEARING City Administrator Hedges noted Project 1064 provided for the street overlay improvements within the Hills of Stonebridge 2nd /3rd Additions, residential streets in southeast Eagan. Director of Public Works Matthys gave a staff report and provided additional history on the project noting a letter of objection was received. Councilmember Bakken recused himself, noting his home is one of the properties to be assessed. Mayor Maguire opened the public hearing. Steve Debaun, 4081 Foxmoore Court, addressed the Council noting a letter of objection to the assessment was submitted. Mr. Debaun discussed his driveway issue caused by the street overlay project and a concern about a spot in the cul -de -sac. John Flynn, 4160 Kingston Court, addressed the Council regarding his driveway issue caused by the street overlay project. Director of Public Works Matthys responded to the questions and concerns. The Council discussed the issues. There being no further public comment, Mayor Maguire turned the discussion back to the City Council. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve the Final Assessment Roll for Project 1064 (Hills of Stonebridge 2nd & 3rd —Street Improvements) and authorize its certification to Dakota County for collection. Aye: 3 Nay: 0 PROJECT 1066, COVENTRY PASS 1st — 2nd COUNTRY HOLLOW STREET IMPROVEMENTS — FINAL ASSESSMENT HEARING City Administrator Hedges noted Project 1066 provided for the street overlay improvements within the Coventry Pass 1St — 2nd and Country Hollow Additions, residential streets in east - central Eagan. Director of Public Works Matthys gave a staff report and provided additional history on the project. Mayor Magurie opened the public hearing. There being no public comment, he turned the discussion back to the City Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Final Assessment Roll for Project 1066 (Coventry Pass 1St — 2nd /Country Hollow —Street Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 MINNESOTA VALLEY TRANSIT AUTHORITY 2nd ADDITION EASEMENT VACATIONS MINNESOTA VALLEY TRANSIT AUTHORITY 3rd ADDITION FINAL SUBDIVISION City Administrator Hedges noted on July 6, 2012, City staff received a petition from Mr. Michael Meehan, BWBR Architects, representing the MN Valley Transit Authority (MVTA), requesting the vacation of existing drainage and utility easements on Lot 1, Block 1 Minnesota Valley Transit Authority 2nd Addition and a utility line easement on property located at 3645 Sibley Memorial Highway. Public City Council Meeting Minutes November 7, 2012 4 page Works Director Matthys gave a staff report and provided additional history on the project. Tom Bright with Minnesota Valley Transit Authority was available for questions. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the City Council. Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the vacations of the public drainage and utility easements located on Lot 1, Block 1, Minnesota Valley Transit Authority 2nd Addition and a public utility line easement located at 3645 Sibley Memorial Highway and authorize the Mayor and City Clerk to execute all related documents. Aye: 4 Nay: 0 Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve a Final Subdivision (MVTA 3rd Addition) to create two lots upon approximately 16.3 acres, located at 3600 Blackhawk Road, currently legally described as Lot 1, Block 1, Minnesota Valley Transit Authority 2nd Addition, and 3645 Sibley Memorial Highway, currently a metes and bounds legal description. Aye:4 Nay:O OLD BUSINESS ORDINANCE AMENDMENT — CITY OF EAGAN City Administrator Hedges introduced the item noting on December 2, 2011, new Flood Insurance Rate Maps went into effect for Dakota County and the City of Eagan incorporating new FEMA regulations regarding floddplain management. The City also amended Section 11.66 of the City Code at that time to reflect the new maps and additional FEMA requirements, allowing Eagan residents to be eligible for participation in the National Flood Insurance Program. Hedges noted the Advisory Planning Commission recommended approval of the amendment at a public hearing on October 27, 2012. City Planner Ridley 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 an ordinance amendment to City Code Section 11.66 relating to Floodplain Districts and regulations and direct the City Attorney to publish the ordinance amendment summary. Aye: 4 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT — BUILDING MATERIALS OUTLET City Administrator Hedges introduced the item noting that Building Material Outlet has requested a Conditional Use Permit (CUP) to allow outside storage of trailers, building materials and trash and recycling containers, associated with a Site Plan on the 16 -acre site, located at 3045 Sibley Memorial Highway. Hedges noted the Advisory Planning Commission held a public hearing on October 23, 2012 and is recommending approval. City Planner Ridley gave a staff report and provided additional history on the project. Don Prettyman and Angie Ribar with Building Materials Outlet were available for questions. City Council Meeting Minutes November 7, 2012 5 page Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the City Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit (CUP) to allow outside storage of trailers, building materials and trash and recycling containers, associated with a Site Plan on the 16 -acre site, located at 3045 Sibley Memorial Highway subject to the following conditions: Aye: 4 Nay: 0 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 October 8, 2012 (as revised). 3. No additional outdoor storage shall be allowed. 4. All parking and storage areas shall be properly maintained to prevent deterioration. 5. The applicant shall install No Parking Fire Lane signs on both sides of the emergency access roads noted as "Fire Lane" on the Site Plan, spacing to be every 100 feet apart, in a form acceptable to the City Fire Marshal. 6. A Fire Department lockbox or padlock shall be located at all gates to provide emergency access as required by the Fire Department. 7. The property owner shall be responsible to maintain this storm water system in accordance with City engineering /water quality standards, under a maintenance agreement in a form acceptable to the City Attorney. 8. Aggregate surfacing used for the current outdoor storage areas will be subject to periodic review by City staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 9. The applicant shall obtain a grading permit from the City prior to the reconstruction of the proposed outdoor storage areas, and infiltration basin. 10. The applicant shall provide the City a soil- boring log with data to a minimum elevation of 735.0 ft. Mean Sea Level before the City approves a grading permit. If the soil- boring log indicates incompatibility of soil permeability with the submitted and reviewed design plans, the applicant shall revise the design and /or construction plans to ensure §433 requirements for volume control are met. 11. The applicant shall provide the City as -built plans that demonstrate constructed stormwater facilities conform to design and /or construction plans, as approved by the City. 12. The applicant shall be responsible for annual inspection and maintenance of the stormwater management feature and for providing the City documentation of these activities. 13. A detailed Landscape Plan prepared by a registered landscape architect shall be submitted for review and approval by City staff to provide screening /buffering of parking and storage areas from the Hwy 13 right -of -way. As required by City Code, all landscaped areas shall be served by automatic irrigation. Landscaping shall be installed by June 1, 2013. 14. The applicant shall revise the Site Plan received October 8, 2012 to delineate the following: a. Area 1 — two dumpsters, security fence and gate details (height and material); all storage to remain behind the front setback line which is identified as 50' off of the Highway 13 property line. b. Area 3 — semi tractor, racking, pallets, A -Frame cart c. Area 4 — Propane cage and security fence detail City Council Meeting Minutes November 7, 2012 6 page 15. The applicant shall obtain a building permit for the security fence if over 6 feet or a zoning permit if 6 feet or under and complete required inspections within 60 days of issuance of said Building Permit. 16. All signage shall meet City Code standards. 17. No hazardous materials shall be stored on the property. 18. The applicant shall provide a Maintenance Plan for the gravel outdoor storage area (Area 3) to address weed control and removal of brush and other vegetative growth. 19. The damaged light pole located in Area 1 shall be replaced. 20. Retail sales are prohibited. 21. All required site improvements shall occur by June 1, 2013. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE RECEIVE THE 2013 LEGISLATIVE POLICIES FROM THE LEAGUE OF MN CITIES AND METRO CITIES City Administrator Hedges introduced the item noting each year, the League of Minnesota Cities (LMC) and Metro Cities prepare legislative policies. Both organizations prepare their policy positions through their respective policy committees, which consist of elected and appointed officials from over 100 cities within Minnesota. The Council discussed the proposed 2013 LMC and Metro Cities' legislative policies. ADMINISTRATIVE AGENDA CITY COUNCIL COMMENTS Mayor Maguire congratulated Councilmember Fields and Tilley on their reelection and continued commitment to serving on the City Council. DIRECTOR OF COMMUNITY DEVELOPMENT Director of Community Development Hohenstein introduced the item to Authorize Agreements with Xcel Energy and Paragon Outlets to Order Materials for Pipeline Relocation. Hohenstein noted the City previously authorized Xcel Energy to complete an engineering study for the relocation of the company's gas pipeline in association with the relocation of Cedar Grove Boulevard to accommodate the prospective development of the Paragon outlet Center project. Xcel's study has been completed and the City received a copy on October 29, 2012. Among the study's conclusions was that, in order to have the pipe materials on hand by mid -April to permit the relocation to be completed in time for the ground breaking, it is necessary to order them in early November. Hohenstein noted in order to facilitate the schedule defined in the study, staff and the City Attorney have been in discussions with Xcel to draft the agreement necessary to permit the materials to be ordered at this time and with Paragon to draft an agreement to provide financial security for certain City expenditures that would be necessary to accomplish this in advance of closing. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the ordering of the pipe materials necessary to complete the relocation of the Cedar Grove Xcel gas pipeline line and authorize the Mayor and City Clerk to execute all necessary documents, in a form acceptable to the City Administrator and City Attorney. Aye: 4 Nay: 0 City Council Meeting Minutes November 7, 2012 7 page There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Fields moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:45 p.m. Aye: 4 Nay: 0 - Ll Date A �Ar, Mayor