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2010-11-04 City Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota November 4, 2010 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Tilley and Hansen. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Thursday, November 4, 2010 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields Tilley and Hansen. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, Administrative Services Director Gene VanOverbeke, Director of Communications Tom Garrison, and City Attorney Michael Dougherty. AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS th Eagan’s 150 Anniversary Board was recognized. 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 the October 19, 2010 regular City Council and the minutes of the October 12 Special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Connor Mullarky, Maria Martin, and Patrick Otturley as Building Attendants at the Civic Arena. 2. It was recommended to approve the 2011 Long Term Disability vendor to be named. 3. It was recommended to approve the 2011 Employee Assistance Program to be named. C. It was recommended to ratify check registers dated October 14, 2010 and October 21, 2010 as presented. D. It was recommended to award Contract 10-21 (Trapp Farm Park Infiltration Basin and Sediment Removal – Water Quality Improvements) to Stocker Excavating, Inc., for the base bid in the amount of $30,721.50 and authorize the Mayor and City Clerk to execute all related documents. E. It was recommended to approve the temporary on-sale liquor license for the Friends of the Wescott Library for a silent auction fundraiser to be held at the Wescott Library on November 20, 2010 and waive the $150 license fee. F. It was recommended to approve an agreement between the City and Clear Channel Outdoor, Inc. to provide the City five (5) hours/month (2250 eight-second spots) for public service announcements on the billboard located on 70.47 acres south of Highway 494 and east of Highway 13 (Sibley Memorial Highway) in the NE ¼ of Section 4. rd G. It was recommended to approve a Final Subdivision (Lone Oak 3 Addition) – NWA Real Estate Holding Company, LLC (Delta Airlines) nd H. It was recommended to approve the 2 and Final Payment for Contract 10-08 (Citywide Sanitary Sewer Lining) in the amount of $18,441.00 to Insituform Technologies, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. City Council Minutes November 4, 2010 Page 2 PUBLIC HEARINGS CERTIFICATION OF DELINQUENT FALSE ALARM BILLS City Administrator Hedges discussed the final assessment roll for delinquent false alarm bills, noting there are currently five delinquent bills with an assessable amount of $895. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion to the Council. Councilmember Bakken moved, Councilmember Tilley seconded a motion to close the public hearing and approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT WEED CUTTING BILLS City Administrator Hedges discussed the final assessment roll for delinquent weed cutting bills, noting there are currently nine delinquent bills with an assessable amount of $1,742.70. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to close the public hearing and approve the final assessment roll for delinquent weed cutting bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT UTILITY BILLS City Administrator Hedges discussed the final assessment roll for delinquent utility bills, noting there are currently 1,002 utility bill accounts with delinquent payments. The assessable amount of the delinquent accounts is $173,196.35. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion to the Council Councilmember Tilley moved, Councilmember Hansen 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 OLD BUSINESS HAWTHORNE RIDGE – CUQUI’S CAFÉ MODIFICATION TO COVENANT RESTRICTIONS City Administrator Hedges introduced this item regarding a request for modification to the covenant restrictions for the Hawthorne Ridge strip retail center located at 525 Diffley Road. City Planner Ridley gave a staff report. Councilmembers held a discussion. Councilmember Tilley moved, Councilmember Hansen seconded a motion to direct consideration of the petition for a request for modification to the covenant restrictions for the Hawthorne Ridge strip retail center located at 525 Diffley Road to the December 7, 2010 Council and direct preparation of notice to neighboring property owners. Aye: 5 Nay: 0 City Council Minutes November 4, 2010 Page 3 NEW BUSINESS CONDITIONAL USE PERMIT – KEVIN FITZGERALD City Administrator Hedges introduced this item regarding a Conditional Use Permit to exceed the maximum 25% impervious surface requirement by 5.6% for property located at 656 Crimson Leaf Trail. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to exceed the maximum 25% impervious surface requirement by 5.6% for property located at 656 Crimson Leaf Trail, 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 with the following exhibit: Site Plan received September 30, 2010. 2. The applicant shall remove permanent improvements placed on Park property. 3. The impervious surface of this lot shall not exceed 30.6% per the Site Plan received September 30, 2010. 4. Permeable pavers shall be designed to allow infiltration into the ground of at least the first 1/2” of stormwater runoff, with this runoff not leaving the lot area after infiltration. 5. Permeable pavers shall be installed according to appropriate designs and installation details of the specific product to be used, in consultation with a qualified civil, hydrological engineer regarding site soil conditions, base preparation, etc. 6. Rain gardens shall be designed with a bottom, flat area that is at least 10 percent of the size of the contributing hard-surface area. There shall be proper soil loosening/soil-replacement below the rain garden basin area to ensure its effectiveness to infiltrate water within 48 hours of a storm event. 7. Geosynthetic fabric shall be installed in the planted rain garden, located south of the pool, to keep soil from washing through the wall. 8. The final design of both rain gardens shall specify receipt of runoff through sheet flow, surface swale, crush-proof piping or a similar conveyance method to ensure adequate and safe runoff delivery to the basins. Overflows from rain gardens shall not adversely affect the long-term integrity of the retaining wall structure or cause downhill erosion into Lakeside Park. 9. Permeable pavers and rain gardens shall be installed according to the design criteria and according to the guidance of the Minnesota Stormwater Manual, with technical assistance from the Dakota County Soil and Water Conservation District. 10. The rain garden and permeable pavers shall be properly maintained to sustain the infiltration rate according to the design criteria. 11. Mitigative designs and installations shall be approved by the City Engineering Division and the installation shall be overseen and inspected by City staff at the time of installation. 12. Prior to the release of the Conditional Use Permit for recording, the applicant shall provide a $500 escrow deposit for inspection of the paver installation and inspection of the rain garden(s) installation. 13. The rear yard paver patio shall be removed prior to issuance of the building permit for the swimming pool. 14. The applicant shall discharge water from the pool in a form and manner acceptable to the Water Resources Coordinator. 15. Building Permits shall be obtained for the retaining walls along with engineered drawings of the proposed walls. 16. The applicant shall install rain barrels or other drainage system as approved by city staff to capture runoff from the roof pitch that drains toward Crimson Leaf Trail and divert runoff from gutter downspouts toward the backyard of the lot. City Council Minutes November 4, 2010 Page 4 CONDITIONAL USE PERMIT – HORIZON EQUIPMENT City Administrator Hedges introduced this item regarding a Conditional Use Permit for outside storage of commercial vehicles upon property located at 1960 Seneca Road. City Planner Ridley gave a staff report. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit for outside storage of commercial vehicles upon property located at 1960 Seneca Road, legally described as part of Lot 2, Block 1, Cedar Industrial Park, 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. The owner shall purchase a padlock for the gate that is approved by the Fire Department and acceptable for emergency access. 6. The service drive along the north side of the site shall be signed “no parking fire lane” to maintain emergency access. PLANNED DEVELOPMENT AMENDMENT – DISCOUNT TIRE City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow auto repair and service, upon approximately 1.32 acres located at 3575 Pilot Knob Road. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to allow auto repair and service, upon approximately 1.32 acres located at 3575 Pilot Knob Road, 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. 2. The applicant shall be responsible for obtaining all necessary permits from regulatory agencies regarding any petroleum contamination on the site. 3. The applicant shall have a site assessment performed and mitigation efforts shall be concluded prior to issuance of a building permit. 4. Underground tank removal shall occur per MPCA requirements and an underground tank removal permit shall be issued by the City. 5. Proof of the underground removal in accordance with state law shall be submitted to the City in addition to a copy of any no action letter that may be issued by the MPCA. 6. The minimum architectural standard of 65% Class 1 materials and not more than 35% Class III materials shall be satisfied on each of the four building elevations. The elevation plan shall be modified accordingly and calculations provided by the architect to verify compliance with this standard. 7. Roof-top mechanical units shall be set back a minimum of 20 feet from the edge of the roof. 8. Ground mounted mechanical equipment/utility boxes shall be screened by either a masonry wall or opaque landscaping. 9. The trash enclosure shall comply with City code requirements. 10. If after review by the City, it is determined that additional on-site parking is needed due to extensive on-street parking, additional on-site parking shall be provided in the proof-of-parking location, as identified on the Site Plan, within one year of notice to the Applicant or its successors. City Council Minutes November 4, 2010 Page 5 11. The Landscape Plan shall be revised to incorporate additional plant materials to screen and buffer the parking areas from public right-of-way and add foundation plantings. 12. The Lighting Plan shall be revised to show compliance with City Code standards, and the standards identified in the planning report, including, light poles shall not exceed 22 foot pole heights. 13. All site and building signage shall be subject to City Code standards. 14. The base of the pylon and monument signs shall match the principal building and the pylon sign shall not have an exposed pole. 15. One directional sign located Lot 1, Block 1, George W. Giles Addition at the entrance to the site from Duckwood Drive is allowed, for the property to the north (lot 1, Block 1 Precision Tune Addition). The directional sign shall not contain signature or logo advertising of the business, b ut instead shall be a simple directional sign stating only the name of the business and identifying the entrance to the site. 16. The applicant shall provide evidence of private ingress/egress easement covering the new access drive between this property and the property to the north (Lot 1, Block 1 Precision Tune Addition) for review and approval by the City Attorney. 17. The applicant shall provide sidewalk connections from the site to the corner of Pilot Knob Road and Duckwood Drive intersection. 18. The applicant shall work with the adjacent property owner to the north and the City staff to explore appropriate solutions regarding the potential removal of any trees to accommodate the placement or relocation of the existing signage for the adjacent property owners existing sign on the applicant’s property. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. ADMINISTRATIVE AGENDA There were no items requiring action. VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 8:07 p.m. Aye: 5 Nay: 0 ____________________ Date __________________________________ Mike Maguire, Mayor City Council Minutes November 4, 2010 Page 6 __________________________________ Maria Petersen, City Clerk