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01/07/2014 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JANUARY 7, 2014 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Acting Mayor Tilley and Councilmembers Bakken, Fields, and Hansen. Mayor Maguire was absent. A regular meeting of the Eagan City Council was held on Tuesday, January 7, 2014 at 6:30 p.m. at the Eagan Municipal Center. Present were Acting Mayor Tilley, Councilmembers Bakken, Fields, and Hansen. Also present were City Administrator Osberg, Assistant City Administrator Miller, Director of Communications Garrison, Director of Finance Pepper, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Police Chief McDonald and Executive Assistant Stevenson. AGENDA City Administrator Osberg noted a clarification on Items G and H - the Public Hearing is scheduled for February 3rd regular City Council meeting not February 4t". Items N, 0, P - the Public Hearings were rescheduled to January 21St, and Agenda Item Q has been removed. Osberg noted under New Business, the Agenda will remain the same, but Items B and C were numbered incorrectly. Item B - a Conditional Use Permit for Northfield Lines starts on page 86 and Item C - an Interim Use Permit for Fairview Health Services starts on page 70. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve the agenda as amended. Aye:4 Nay :0 RECOGNITIONS AND PRESENTATION There were no recognitions or presentations to be heard. CONSENT AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to the Consent Agenda as amended: Aye:4 Nay:0 A. It was recommended to approve the minutes of December 10, 2013 Special City Council Meeting and the minutes of December 17, 2013 regular City Council meeting as presented. B. Personnel Items 1. It was recommended to approve the proposed 2014 non -union Compensation Plan for all regular non - collective bargaining employees. 2. It was recommended to approve the changes to the Health Care Savings Plan for the identified non -union groups. 3. It was recommended to approve the status change of Aaron Menza, GIS Technician. 4. It was recommended to approve the status change of Janet Bolger, part time Office Support Specialist. City Council Meeting Minutes January 7, 2014 2 page 5. It was recommended to approve the Resolution to declare the positions of Fire Marshall and Fire Prevention Specialist as Dual Positions under the Public Employees Retirement Association of Minnesota. 6. It was recommended to approve the hiring of Jennifer Hammer, part time Police Clerical Technician IV. 7. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation, Utilities and Engineering. C. It was recommended to approve check register dated December 13, 2013. D. It was recommended to adopt a Resolution accepting a $1,750 donation from Wal -Mart be used for the Shop with a Cop program. E. It was recommended to adopt a Resolution accepting a $7,800 donation from an anonymous citizen for the purchase of a K -9. F. It is recommended to accept 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. G. It is recommended to receive the draft Feasibility Report for City Project 1138, Cedar Industrial Park (Mordelann Addition /MVTA 3rd Addition/ Seneca Plant) and Schedule a Public Hearing for February 3, 2014. H. It was recommended to receive the draft Feasibility Report for City Project 1114, Cedar Grove Additions and Schedule a Public Hearing February 3, 2014. I. It was recommended to approve Project 1144 (Cliff Road Booster Station — Pump Addition) and authorize the preparation of detailed final plans and specifications for the purpose of soliciting bids for a contract. J. It was recommended to receive the bids for City Contract No. 14 -07 (2014 City Well Rehabilitation) and award a contract to Keys Well Drilling Company for the base bid in the amount of $130,400.00, and authorize the Mayor and City Clerk to execute all related documents. K. It was recommended to approve Change Order No. 2, to City Contract No.13 -05, Cedar Grove Parking Garage and authorize the Mayor and City Clerk to execute all related documents. L. It was recommended to approve an Easement Agreement for City Project 1011 (TH 55/ TH 149 - Traffic & Safety Improvements) with the owner of Parcel No. 10- 53790 -01 -030 and authorize the Mayor and City Clerk to execute all related documents. M. It was recommended to approve the issuance of an RFP for GIS Consulting Services. N. It was recommended to reschedule the Public Hearing for City Project 1140 (Stonebridge Ponds) Street Improvements to January 21, 2014 0. It was recommended to reschedule the Public Hearing for City Project 1139 (Oakwood Heights 2nd Addition) Street Improvements to January 21, 2014. P. It was recommended to reschedule the Public Hearing for City Project 1137 (Alden Pond) Street Improvements to January 21, 2014. Q. Item removed. R. It was recommended to approve On -Sale Liquor and Sunday License for Webster Jacob, LLC, DBA Stone Oaks, located at 2864 Highway 55, Suite 200. City Council Meeting Minutes January 7, 2014 3 page PUBLIC HEARINGS There were no public hearings to be heard. OLD BUSINESS There were no old business items to be heard. NEW BUSINESS CONDITIONAL USE PERMIT — SPECTRUM DEVELOPMENT GROUP City Administrator Osberg introduced the item noting before the Council is a Conditional Use Permit for Spectrum Development Group to consider outdoor storage of 600+ passenger vehicles to be located on the existing paved surface on the west and south sides of the building. Osberg noted the site is presently occupied by a 49,000 SF principal building and an 18,000 SF accessory storage building. The subject 9.3 acre site was platted in 1988. City Planner Ridley gave a staff report noting that Conditional Use Permit - condition #8 - states that once the subject CUP is recorded, all previously issued CUPS become null and void. Ridley noted there is existing storage north of the existing building that supports a tenant in the northern part of the building. The applicant would like to maintain the ability to have that storage in that location. The tenant's need for outdoor storage is for racks that hold landscape materials. The applicant, Rick Morphew, provided a summary of the request and was available for questions. The Council discussed the Conditional Use Permit request. Acting Mayor Tilley asked if anyone in the audience would like to comment on the Conditional Use Permit. There being no public comment, he turned discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow outside storage of up to 620 passenger vehicles and racking for landscape material on the north side of the building at 2905 Lexington Avenue South, subject to the following conditions: Aye: 4 Nay:0 1. The Conditional Use Permit shall be recorded within 60 days of its approval by the City Council. 2. The applicant shall submit a revised Site Plan illustrating outside storage of vehicles and racking and minimum drive aisle widths consistent with the Site Plan received on December 3, 2013. 3. All vehicle storage stalls shall be striped and extension of the opaque architectural wall with gates at the entry to the storage yard shall be completed by June 1, 2014. 4. Vehicles and other material stored outside shall relate directly to a business operation with offices located in the principal building. 5. Retail sales of vehicles shall be prohibited. 6. Lock boxes meeting Eagan Fire Department specifications shall be installed at all fence gate locations. 7. Building address numbers shall be displayed in accordance with the provisions in Chapter 2, Section 2.78 of the City Code. City Council Meeting Minutes January 7, 2014 4 page 8. Recording of this Conditional Use Permit shall simultaneously terminate previously issued Conditional Use Permits for Lot 1, Block 1, Eagandale Center Industrial Park # 10. CONDITIONAL USE PERMIT —NORTHFIELD LINES City Administrator Osberg introduced the item noting the subject property is zoned Limited Industrial which allows outdoor storage by way of a Conditional Use Permit. City Planner Ridley gave a staff report. The applicant, John Benjamin, President of Northfield Lines, provided a summary of the request and was available for questions. Acting Mayor Tilley asked if anyone in the audience would like to comment on the Conditional Use Permit. There being no public comment, he turned discussion back to the Council. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Conditional Use Permit to allow outside storage of 31 buses for property at 1034 Gemini Road, subject to the following conditions: Aye:4 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. This Conditional Use Permit shall replace any and all former Conditional Use Permits for the property. 3. The outdoor storage is limited to 31 buses located in the parking lot on the western and southeastern portions of the property. 4. The chain link fence located behind the building shall be removed or properly maintained prior to May 15, 2014. 5. Long grass and weeds on property and volunteer (scrub) trees throughout fence line shall be cut and removed from the site by May 15, 2014. 6. Trash receptacles /dumpsters shall be kept either inside the building or within an enclosure constructed according to City Code standards. A revised Site Plan shall show the trash enclosure if one is to be constructed. 7. The tires, pallets and 5 gallon buckets shall be removed from the site immediately. 8. The wood fence shall be kept in good condition. 9. The bus stalls shall be striped and the parking area shall be designed to city specifications for curb and gutter. 10. If the city determines that the site is deficient in parking, the applicant's outside storage area shall be restriped to accommodate the additional stalls. The applicant shall submit an application to amend the CUP to adjust the number of buses that can be stored as a result of the conversion of the area to parking. 11. The applicant shall obtain a grading permit from the City prior to the construction of the proposed parking lot expansion /outdoor storage area. Detailed plans for this grading work must be prepared and signed by a registered professional engineer and shall be in a form acceptable to the City Engineer. 12. The applicant shall fully meet Eagan's Post Construction Requirements (City Code §4.33) on -site for stormwater management (i.e. volume control, pollutant removal, and runoff rate control). 13. Prior to receiving a grading permit, the applicant shall provide construction details of the proposed infiltration basin for City review (delineation of contributing impervious area, plan view, City Council Meeting Minutes January 7, 2014 5 page cross - section, construction /protection, sizing /volume tables, inlet details, outlet /under -drain details, planting details, etc.), to ensure infiltration basin is properly designed and constructed, and adequately protected during /after construction, to function as intended. These details should be included in applicable plan sheet(s). 14. The applicant shall provide adequately sized pre- treatment (e.g. sediment filter- boxes) at the infiltration basin inlet to provide for effective capture and easily - accessible cleanout of sediments that could plug the infiltration basin. Pre - treatment details shall be included in applicable plan sheet(s). 15. Prior to receiving a grading permit, if stormwater management practices are proposed that will utilize filtration or infiltration, the applicant shall provide the City with soil- boring log(s) (extending 15' min. below bottom of excavation) within the location of any proposed stormwater management feature(s), to evaluate suitability for infiltration. If the soil- boring log(s) indicates incompatibility of soil permeability with the submitted and reviewed design plans, the applicant shall revise the design and /or construction plans, and provide to the City Engineer for review /comment /revision, to ensure 4.33 requirements are met. 16. Prior to receiving a grading permit, the applicant shall provide the City Engineer with volume control calculations to demonstrate %° retention, and water - quality modeling (comparison summary & inputs) to demonstrate no- net - increase of annual TP & TSS loading over existing conditions. 17. Prior to receiving a grading permit, the applicant shall enter into a long -term stormwater facility inspection and maintenance agreement, in a form acceptable to the City Attorney. 18. Within 30 -days of completion of final grading, 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. As -built volumes of retention shall be provided for all stormwater facilities. INTERIM USE PERMIT— FAIRVIEW HEALTH SERVICES City Administrator Osberg introduced the item noting before the Council is an Interim Use Permit to allow a temporary modular building upon property located at 1440 Duckwood Drive. Fairview Health Services is proposing a 12' x 56' temporary building upon the SW corner of the property to house administrative and office functions of the clinic. City Planner Ridley gave a staff report. The applicant, Dan Harrington of Fairview Health Systems, gave a summary of the request and was available for questions. The Council discussed the Interim Use Permit. After further discussion, Councilmember Bakken noted his objection to any extension of the Interim Use Permit beyond 2015. Acting Mayor Tilley asked if anyone in the audience would like to comment on the Interim Use Permit. There being no public comment, he turned discussion back to the Council. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve an Interim Use Permit to allow a temporary modular building upon property located at 1440 Duckwood Drive, subject to the following conditions: Aye: 4 Nay: 0 1. The permit shall terminate upon the earlier of Fairview Health Services vacating the property or December 31, 2015, whichever comes first. City Council Meeting Minutes January 7, 2014 6 page 2. A Building Permit is required prior to installation of the modular building. 3. All trash and recycling containers shall be stored inside the building, or within an enclosure consistent with the provisions in the City Code, by June 1, 2014. 4. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The Interim Use Permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative /intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA There were no administrative agenda items to be heard. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Bakken moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7 :18 p.m. Aye: 4 Nay: 0 )`.?I -lq Date A Mayor City Clerk T-