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05/20/2008 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota May 20, 2008 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Carlson, Bakken and Tilley. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, May 20, 2008 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Carlson, Fields, Bakken and Tilley. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that a closed session would be necessary to discuss pending litigation. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Assistant to the City Administrator Dianne Lord was recognized for receiving the Association of Public Management Professionals' award for Outstanding Assistant of the Year. CONSENT AGENDA Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the May 6, 2008 regular City Council meeting and the April 29, 2008 Special City Council meeting as presented. B. Personnel Items 1. It was recommended to accept the letter of resignation from Noemi Rivero, Payroll Speicalist 2. It was recommended to approve the hiring of Gina Dwyer as Payroll Specialist. 3. It was recommended to approve the hiring of Matt Smith and Matt Selby as seasonal utilities maintenance workers. 4. It was recommended to approve the hiring of Mark Danielson and Ben Wickboldt as seasonal engineering techs. 5. It was recommended to approve the hiring of Yusuf Yusuf as a seasonal landscape crew laborer. 6. It was recommended to approve the hiring of Andrew Koppang as a seasonal ballfield attendant. C. It was recommended to ratify the check registers dated April 30, 2008 and May 8, 2008 as presented. D. It was recommended to reschedule the August 5, 2008 regular City Council meeting to August 4, 2008. E. It was recommended to adopt a Resolution approving a Lawful Gambling Exempt Permit for the 08-21 Experimental Aircraft Association to hold a raffle on October 5, 2008 at the Eagan Community Center. F. It was recommended to authorize the advertisement for bids to purchase three fire engines. G. It was recommended to approve a modification to increase the 2008 Eagan Community Center budget by $11,000 to purchase replacement banquet chairs. H. It was recommended to approve a modification to increase the 2008 Eagan Community Center budget by $30,000 to purchase replacement coping stones. 1. It was recommended to accept a cash donation of $300 from the Keeler family to plant a tree. J. Removed from agenda. K. It was recommended to approve a 60-day extension of time to record the final plat for CCBC Addition, located in the NE 1/4 of Section 03. L. It was recommended to acknowledge the completion of improvements for City Project No. 05-M (Steeplechase) under terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions. Eagan City Council Meeting Minutes May 20, 2008 Page 2 M. It was recommended to proclaim June 2008 as Eagan Lakes Appreciation Month and authorize the Mayor 08-22 and City Clerk to execute all related documents. N. It was recommended to proclaim May 18 through May 24, 2008, as Public Works Week and authorize the 08-23 Mayor and City Clerk to execute all related documents. 0. It was recommended to approve an addendum to the bid documents for Contract 08-07 (Water Reservoir Reconditioning, Lexington/Diffley & Safari) and authorize the advertisement for a new bid opening to be held at 2:00 p.m., Thursday, June 12, 2008. P. It was recommended to approve a Conditional Use Permit condition clarifying the building size of 34,750 square feet for the grocery store to be located at 1646 Diffley Road, on Lot 4, Block 1, Diffley Plaza. Q. It was recommended to accept the resignation of Jack Prentice from the Eagan Airport Relations Commission. PUBLIC HEARINGS CERTIFICATION OF DELINQUENT WEED CUTTING BILLS City Administrator Hedges introduced this item regarding the final assessment roll for delinquent weed cutting bills. He noted that the public hearing had been opened at the May 6 meeting where Kevin Manley requested the delinquent weed bills related to two of his properties be reconsidered due to his recent acquisition of the property. Staff was directed to review the bills in relation to when the work was performed and when Mr. Manley took possession of the properties, as well as determine if the appropriate assessment search was conducted by the title company prior to the closing and whether or not these dollar amounts were identified as pending assessments at that time. Mr. Manley was to follow up on contacting the closing agent and to date staff has not been contacted by Mr. Manley or the closing agent. Mayor Maguire re-opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the final assessment roll for 08-24 delinquent weed cutting bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT BOARD UP BILLS City Administrator Hedges introduced this item regarding the final assessment roll for the delinquent board up bills. He noted that the public hearing had been opened at the May 6 meeting where Kevin Manley requested the delinquent board up bill related his property at 557 Spruce Street be reconsided. Staff was directed to review the bill in relation to when the work was performed and when Mr. Manley took possession of the property, as well as determine if the appropriate assessment search was conducted by the title company prior to the closing and whether or not these dollar amounts were identified as pending assessments at that time. Mr. Manley was to follow up on contacting the closing agent and to date staff has not been contacted by Mr. Manley or the closing agent. Mayor Maguire re-opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the final assessment roll for 08-25 the delinquent board up bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 VARIANCE - 3390 COACHMAN ROAD (FOXRIDGE SHOPPES LLC) City Administrator Hedges introduced this item regarding a request for a Variance to allow a detached trash enclosure for property at 3390 Coachman Road. City Planner Ridley gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Eagan City Council Meeting Minutes May 20, 2008 Page 3 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Variance to allow a detached trash enclosure for property at 3390 Coachman Road, legally described as Lot 1, Block 1, B.B.D. Addition, located in the SW 1/4 of Section 9 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 enclosure walls shall be integrally colored and Trex gate boards used shall match or compliment the color of the existing building. 3. Necessary approvals from Xcel to construct within their easement area must be secured, and evidence a eep submitted to the City with the Building Permit application materials. 4. A Building Permit shall be obtained prior to commencing construction. VARIANCE - (EAGAN HILLS ALLIANCE CHURCH) City Administrator Hedges introduced this item regarding a request for a Variance to the required 50 foot setback for a three story classroom/office addition to the existing church building at 700 Diffley Road City Planner Ridley gave a staff report. Mayor Maguire opened the public hearing. Lisa McMann, who lives adjacent to the church property, asked if any trees are to be cut down, if any additional lighting is being installed, what is the height of the building, and if any additional landscaping is to be installed. City Planner Ridley and the applicant addressed the questions of Ms. McMann. Ms. McMann stated that the properties adjacent to the site had suffered due to the addition of the parking lot and would become even worse with the proposed building. Director of Public Works Colbert spoke to site drainage concerns. There being no further public comment, Mayor Maguire closed the hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Variance to the required 50 foot setback for a three story classroom/office addition to the existing church building at 700 Diffley Road in the NW 1/4 of Section 25 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 proposed classroom/office addition shall utilize the same exterior building materials as the existing church building. 3. The trash enclosure shall be relocated elsewhere within the site to a location that satisfies ordinance requirements. The trash enclosure shall be designed in accordance with the provisions in the City ordinance, and shall be constructed of masonry materials to match the principal building. OLD BUSINESS FINAL PLANNED DEVELOPMENT - MSP COMMERCIAL City Administrator Hedges introduced this item regarding a Final Planned Development for a two story medical/office building upon approximately 3.39 acres located south of Best Buy on Town Centre Drive. City Planner Ridley gave a staff report. Eagan City Council Meeting Minutes May 20, 2008 Page 4 Alex Young, representing MSP Commercial, discussed a proposed pier / boardwalk along the wetland area. Discussion was held among Council members and Mr. Young regarding the labeling of certain parking stalls as compact. Further discussion occurred relative to parking stall dimensions and the City Council agreed that reducing the depth of the northern and southern tier of parking was the preferred way to avoid wetland impact and maintain the trail along the edge of the ponding area. Councilmember Bakken moved, Councilmember Fields seconded a motion to affirm the Wetland Delineation for property located south of Best Buy on Town Centre Drive, legally described as Lots 2 and 3, Block 1, Eagan Place 2nd Addition, in the NE 1/4 of Section 15. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Final Planned Development for a two-story medical/office building upon approximately 3.39 acres located south of Best Buy on Town Centre Drive, legally described as Lots 2 and 3, Block 1, Eagan Place 2nd Addition in the NE 1/4 of Section 15 subject to the following conditions: Aye: 5 Nay: 0 1. A Final Planned Development shall be required and an agreement shall be prepared and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plans are required for the Final Planned Development: a. Final Site Plan b. Final Building Elevations c. Final Landscape Plan d. Final Signage Plan C. Final Site Lighting Plan 2. The property shall be replatted as a single lot and the plat recorded with the Dakota County Recorder's office within 60 days of plat approval and prior to issuance of a building permit. 3. A separate screening structure that extends at least as high as the rooftop equipment itself shall be installed. This screening structure shall be a single structure to encompass all of the equipment, and shall be constructed of materials that are architecturally compatible with the exterior materials of the principal building. Plans for the screening structure shall be provided with the building permit application. 4. Trash storage shall be located within the principal building. 5. Building signs shall be located as shown on the approved elevations, and all building signs shall be similar in design and of the same type of construction. 6. The total number of building signs shall not exceed five signs. Only one building sign shall be permitted for each tenant. Up to two building signs on separate elevations may be permitted for a single tenant occupying 50% or more of the building. 7. The Landscape Plan shall be revised to show opaque landscape screening of ground mounted mechanical equipment. 8. The monument sign shall be set back 10' from the sidewalk easement as required by City Code. 9. The base of the monument sign shall be constructed of the same brick to match the principal structure. 10. The monument sign face shall be reduced to no more than 4 feet in height. 11. All site lighting shall be downcast and shielded such that the source of light is not visible from off the property. 12. The developer shall provide evidence of private ingress/ egress easements between the properties, for review and approval by the City Attorney prior to building permit approval. 13. The developer shall provide a Tree Inventory and Tree Preservation Plan for review and approval by the City Forester prior to issuance of a building permit. 14. The applicant shall provide evidence, in a form acceptable to the City Attorney, of the shared parking rights that the property has to adjacent property, as well as any shared parking rights that encumber this property. 15. In accordance with Eagan City Code § 11.67 Subd. 4.B., the applicant shall have the wetland partially on the site delineated by a Certified Wetland Delineator utilizing approved methods as stated in Minn. Rules Ch. 8420 and shall have the wetland assessed utilizing the Minnesota Routine Assessment Method (Version 3.0 or later version). Eagan City Council Meeting Minutes May 20, 2008 Page 5 16. Any proposal to impact wetland on the site by draining, filling, or excavating shall comply with Minn. Rules Ch. 8420 and shall be in accordance specifically with Eagan City Code § 11.67 Subd. 5., Wetland Sequencing and Replacement Requirements. 17. The wetland on the site shall have a Wetland Buffer in accordance with Eagan City Code § 11.67 Subd. 6 through Subd. 10. 18. Prior to issuance of the certificate of occupancy, the applicant shall complete a subdivision and platting of the property consistent with the Site Plan received April 29, 2008. 19. The parking lot shall be reconstructed and an additional row of parking shall be added on the north side of the parking lot adjacent to the pond to total 126 on-site parking stalls. 20. The trail shall be reconstructed north of the parking lot and extend to the new easterly site boundary. 21. The applicant shall remove the existing parking lot and lighting from the easterly parcel to be conveyed to BCBSM and restore the area with seed. 22. Any increase in impervious surface from the existing conditions on the newly created westerly lot shall provide for water quality measures in accordance with the Water Quality Management Plan for volume reduction, phosphorus and sediment removal. Plans for how this is to be accomplished shall be submitted for review and approval by City staff prior to Final PD approval. 23. Revise and resubmit all development plans to reflect the modified Site Plan prior to Final PD approval. 24. Final status of the parking lot delineation shall be reviewed and approved by City Staff. The northern and southern most rows of parking stalls shall have a depth 17.5') that will accommodate the trail adjacent to the pond. PLANNED DEVELOPMENT AMENDMENT - EZ AIR PARK City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow the following phased improvements on a 14 acre property located at 2804 Lexington Avenue and an unplatted parcel and part of Lot 6, Eagandale Industrial Park No. 2: Phase I (2008): an additional exit lane and a cashier booth, along with related equipment and a canopy Phase II (2009): a 987 square foot office expansion Phase III (2010+): covered parking on the first 50 spaces in the northern most row of parking City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to allow the following phased improvements on a 14 acre property located at 2804 Lexington Avenue and an unplatted parcel and part of Lot 6, Eagandale Industrial Park No. 2 in the SW 1/4 of Section 2: Phase I (2008): an additional exit lane and a cashier booth, along with related equipment and a canopy Phase II (2009): a 987 square foot office expansion Phase III (2010+): covered parking on the first 50 spaces in the northern most row of parking Approval is subject to the following conditions: Aye: 5 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at Dakota County. 2. Prior to or in conjunction with Phase II, the property shall be platted into a single lot and the applicant shall apply separately for a rezoning of the property to PD - Planned Development so there is only one zoning on the property. 3. The Applicant shall provide a revised Site Plan to provide details such as existing setback information, existing parking stall counts, dimensions of parking stalls and drive aisles, as well as perimeter fence information. 4. Signage shall comply with City Sign Code requirements. 5. The lane operation and parking canopies shall be identical in color. Eagan City Council Meeting Minutes May 20, 2008 Page 6 6. The Applicant shall provide documentation addressing concerns in the staff report about the variation in light levels specifically with regard to the level of illumination beneath the proposed canopies to prevent glare to passing motorists and onto adjacent property. 7. The canopy lights and lenses shall be fully recessed so that only the illumination is observed and the source of light is not visible. 8. Prior to or in conjunction with Phase II, the Applicant shall work with the City and provide a revised Site Plan depicting additional green space 26,000 SF) per City Code requirements. 9. A building permit shall be obtained prior to construction of the lane canopy, the office addition, and the carport canopy. NEW BUSINESS PRELIMINARY SUBDIVISION (LUNDBERG ADDITION) - TERMINAL DRIVE LLC City Administrator Hedges introduced this item regarding a preliminary subdivision to create two lots upon approximately 3.3 acres for property located at 3195 Terminal Drive. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Preliminary Subdivision to create two lots upon approximately 3.3 acres for property located at 3195 Terminal Drive in the NE 1/4 of Section 8, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, C1 and El. 2. The property shall be platted. 3. The developer shall provide private ingress/egress declaration, allowing for the shared access, for review and approval of the City Attorney. 4. Future development of this subdivision (i.e. parking, outdoor storage or building construction) shall comply with tree preservation and mitigation requirements in accordance with the City's Tree Preservation Ordinance in effect at the time of development. 5. The applicant shall protect preserved significant trees through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 6. The applicant shall contact the City Forestry division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 7. This development shall be responsible for a cash park and trails dedication based on the rates in effect at the time of Building Permit. 8. 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. 9. The developer shall enter into a maintenance agreement, in a form acceptable to the City Attorney, providing for the long-term maintenance of the rain gardens. 10. Future development of this subdivision (i.e. parking lot expansion, building construction) shall provide water quality and quantity control measures, in accordance with City Water Quality and Engineering standards in effect at the time of development. 11. This development shall achieve no-net increase of Total Phosphorus (TP) and Total Suspended Solids (TSS)loading or meet removal performance criteria of 50 percent TP and 80 percent TSS, whichever is more restrictive. 12. This development shall infiltrate or retain the first one-half inch of stormwater runoff from any rainfall event from: 1) new impervious areas of redevelopment activities and 2) the entire site of new development activities. 13. A cash dedication in lieu of on-site water quality ponding shall be required for this development at the time of Building Permit. Eagan City Council Meeting Minutes May 20, 2008 Page 7 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. The regular City Council meeting was recessed at 8:10 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 8:16 p.m. ADMINISTRATIVE AGENDA 1. Discussion regarding a desired process to fill an expected Council vacancy in light of Councilmember Carlson's announcement of her intention to resign her Council seat at the meeting on July 1, 2008 was held. It was agreed that further review of options and discussion would be held at the June 12 work session. 2. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Tobacco License renewal for Scott Stevens for the Oasis Market #576 at 3150 Dodd Road. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 8:30 p.m. Administrative Secretary / Deputy City Clerk Date If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance.