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05/01/2012 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota MAY 1, 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. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, May 1, 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, Director of Administrative Services VanOverbeke, Public Works Director Colbert, Chief Financial Officer Pepper, Director of Community Development Hohenstein, City Planner Ridley, Police Chief McDonald, Fire Chief Scott, Communications Director Garrison, Director of Parks and Recreation Seydell Johnson, Communications Coordinator Foote, and City Engineer Matthys. AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATION Administrator Hedges thanked Accountant Sue Sheridan for her 27 years of service to the City, and noted Ms. Sheridan's retirement on May 1, 2012. The City Council and City Administrator Hedges recognized Public Works Director Tom Colbert for his 34 years of service to the City of Eagan. Public Works Director Colbert thanked the City for the opportunity to serve. The City Council recognized the Friends of the Farm Volunteers for their volunteer hours at Holz Farm. Volunteer Linda Klein was recognized for volunteering at Holz Farm for 250 hours. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minute of the April 17, 2012 regular City Council meeting as presented B. PERSONNEL ITEMS: 1. It was recommended to approve the hiring of the Fire Administrative Assistant position, to be named 2. It was recommended to approve the hiring of seasonal employees in Parks and Recreation C. It was recommended to approve the Check Registers dated April 13, 2012 and April 24, 2012 D. It was recommended to approve a Resolution to accept donations to the Fire Department from Alerus Financial Bank and the Eagan Rotary Club E. It was recommended to approve a Resolution to accept a donation to the Police Department from the Eagan Rotary Club F. It was recommended to approve an internal transfer of $5,900 to implement a Composting/Organics Pilot Program at the Eagan Community Center G. Item removed H. It was recommended to approve Plans & Specs for Contract 12-10, City-Wide Storm Sewer Improvements 1. Item removed J. It was recommended to direct preparation of an ordinance amendment to Chapter 3, Section 3.05, Subdivision 5 (Water Meter Accessibility) K. It was recommended to approve Preliminary Planned Development Extension for Boulder Lakes Business Park - Eagan Heights LLC L. it was recommended to approve Exempt Permit for 360 Communities to hold a raffle on May 5, 2012 City Council Meeting Minutes May 1, 2012 2 page PUBLIC HEARINGS CERTIFICATION OF DELINQUENT UTILITY BILLS City Administrator Hedges discussed the final assessment roll for delinquent utility bills, noting there are currently approximately 865 utility bill accounts with delinquent payments. The assessable amount of these accounts is $202,960.90. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion to the Council. Councilmember Fields moved, Councilmember Bakken 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 CERTIFICATION OF DELINQUENT FALSE ALARM BILLS City Administrator Hedges discussed the final assessment roll for delinquent false alarm bills, noting there are currently 4 properties with delinquent false alarm bills with an assessable amount of $760. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion to the Council. Councilmember Bakken moved, Councilmember Fields 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 NOXIOUS WEED, MOWING, AND REFUSE REMOVAL BILLS City Administrator Hedges discussed the final assessment roll for delinquent noxious weed, mowing, and refuse removal bills, noting the City currently has 9 properties with an assessable amount of $2,248.06. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion to the Council. Councilmember Hansen moved, Councilmember Fields seconded a motion to close the public hearing and approve the final assessment roll for delinquent noxious weed, mowing, and refuse removal bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 VARIANCE -1295 TOWN CENTRE DRIVE (SHERWIN-WILLIAMS) City Administrator Hedges introduced the item regarding the variance of 40 feet to the required 50-foot setback from public right-of-way for construction of a new building on property located at 1295 Town Centre Drive. City Planner Ridley gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Alison Kern, representing the applicant, stated they agreed with all of the conditions of approval and that she was available for questions. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the variance of 40 feet to the required 50-foot setback from public right-of-way for construction of a new building on property located at 1295 Town Centre Drive subject to the conditions listed in the staff report. Aye: 5 Nay: 0 City Council Meeting Minutes May 1, 2012 3 page OLD BUSINESS RECEIVE BIDS AND APPROVE RESOLUTION AWARDING SALE OF TAXABLE GENERAL OBLIGATION HOUSING IMPROVEMENT BONDS, SERIES 2012A, AND GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2012B City Administrator Hedges introduced the item regarding the sale of taxable general obligation housing improvement bonds and general obligation equipment certificates of indebtedness. Terry Heaton of Springsted presented the bids and the recommended action. The Council discussed the bond sale and the financial implications for the City. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve the resolution awarding the sale of $1,660,000 Taxable General Obligation Housing Improvement Bonds, Series 2012A. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Hansen seconded a motion to approve the resolution awarding the sale of $585,000 General Obligation Equipment Certificates of Indebtedness, Series 2012B. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to engage Springsted, Inc. to perform future continuing disclosure reporting and arbitrage rebate calculation requirements for the approved bonds. Aye: 5 Nay: 0 ORDINANCE AMENDMENT - AN ORDINANCE AMENDMENT TO CHAPTERS 11 AND 5 TO MODIFY THE DEFINITION OF RESTAURANT. City Administrator Hedges introduced the item regarding the ordinance amendment to City Code Chapters 11 and 5, to modify the definition of a restaurant. City Planner Ridley gave a staff report. The City Council discussed the ordinance amendment. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the ordinance amendment to City Code Chapter 11, Sections 11.30 and 11.60, relating to restaurant definitions and direct the City Attorney to publish a summary amendment in the legal newspaper. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the ordinance amendment to City Code Chapter 5, relating to full-service and casual restaurant definitions and direct the City Attorney to publish a summary amendment in the legal newspaper. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT - MAGGIE MELL City Administrator Hedges introduced the item regarding a Conditional Use Permit to allow board of up to 5 horses on Lot 1, Block 1, Hidden Horse Stables for John Schonberg and Maggie Mell. City Planner Ridley gave a staff report. The City Council discussed the conditional use permit application. John Schonberg, representing Hidden Horse Stables, addressed the City Council regarding the request for a Conditional Use Permit. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to allow boarding of up to five (5) horses for Maggie Mell located at 4085 Lexington Avenue South, subject to the following conditions: Aye: 5 Nay: 0 City Council Meeting Minutes May 1, 2012 4 page 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording shall be submitted to the City. 2. The applicant shall utilize the site as identified on the Site Plan received March 19, 2012. 3. The premises shall be open for inspection by City and County agents and they shall be allowed access to inspect the premises. 4. The applicant shall meet all environmental and water quality standards. 5. No signage shall be displayed for advertising of the boarding facility. 6. The applicant shall maintain the existing fences to contain the horses and to prevent the animals from escaping onto neighboring properties or injuring the public. 7. No horses shall be buried on the property. 8. The applicant shall adhere to the MPCA guidelines for manure management. The composting shall occur outside the Shoreland Overlay district as identified on the Site Plan received March 19, 2012. The manure shall be picked up weekly and removed from the site on a semiannual basis. 9. There shall be no additional removal of trees or vegetation of any kind on the property. 10. The paddock shall remain sectioned into thirds as was required with the 2009 approval, which includes an electrical fence to be in place as per the submitted maintenance plan. 11. The applicant shall take and maintain measures to eliminate soil erosion from the subject property onto adjacent property. 12. Soil samples shall be submitted annually to the University of Minnesota Soil Testing Lab for "regular series" and results provided to the City. If the results are not acceptable to City staff, measures shall be taken to correct the condition of the soil. 13. The east frontage of the property along Lexington Avenue shall remain fenced with a gate at the driveway. 14. Annual Coggins testing shall be administered to the horses with results made available to City staff. PLANNED DEVELOPMENT AMENDMENT - EP DEVELOPMENT, LLC City Administrator Hedges introduced the item regarding a planned development amendment to allow a medical facility located at 3010 Denmark Avenue. City Planner Ridley gave a staff report. The City Council discussed the planned development amendment. Tom Klassen, representing EP Development, LLC, addressed the City Council regarding the request for a planned development amendment. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to allow a medical office at 3010 Denmark Avenue, subject to the following conditions: Aye: 5 Nay: 0 1. A written Final Planned Development Agreement shall be executed and recorded with the County Recorder's office. The following exhibits are necessary for the Final PD Agreement. • Final Site Plan • Final Building Elevations • Final Site Lighting Plan • Final Landscape Plan (including monument sign) • Final Signage Plan 2. All green and landscaped areas shall be irrigated. 3. The applicant shall submit a revised Photometric plan that provides the specifications that include the pole and base height, fixture information, and average to minimum calculations for the entire site. The fixtures shall have full cutoff performance which are "nighttime friendly". 4. The applicant shall revise the Photometric Plan so that the parking lot and drive aisle lighting achieves a minimum of 0.5 footcandles. 5. The revised Photometric Plan shall have an average-to-minimum uniformity ratio not greater than 4:1. 6. The revised Photometric Plan shall incorporate 30 foot poles plus a base for a total height of 32' 6". 7. The building signs shall consist of either individual channel letters or backlit letters. 8. All signage shall comply with City Sign Code requirements. 9. The monument sign base shall be constructed of the same materials used for the principal building. City Council Meeting Minutes May 1, 2012 5 page 10. The Site Plan (A010) shall be revised to add a north arrow. 11. Building identification numbers shall be installed consistent with City Code Section 2.78. 12. 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 or assigns. 13. At the time that the proof of parking is required to be constructed, the directional sign adjacent to Denmark Avenue shall be removed. 14. The applicant shall ensure fire hydrant coverage is provided on this lot, in accordance with City Fire and Engineering standards. 15. The applicant shall provide evidence that a private access agreement with the 3000 Denmark Avenue (Microtel Inn) exists and is in a form acceptable to the City Attorney. This document shall be recorded prior to issuance of any Building Permits. 16. The applicant shall reach an agreement with the property owner of 3000 Denmark Avenue (Microtel Inn) regarding connection access and future maintenance of the water line, in a form acceptable to the City Attorney, prior to building permit issuance. REZONING AND FINAL PLANNED DEVELOPMENT - OPPIDAN, INC. City Administrator Hedges introduced the item regarding a rezoning from CSC, Community Shopping Center to PD, Planned Development and A Final Planned Development of approximately 2.8 acres to allow a multiple tenant building, for properties at 1992 and 1996 Cliff Road and 1984 Rahncliff Court. City Planner Ridley gave a staff report. The City Council discussed the rezoning and final planned development proposal. Paul Tucci, representing Oppidan, Inc., addressed the City Council regarding the request for rezoning and final planned development. Mr. Tucci and the City council discussed the vagaries of the existing Condo Plat. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve a Rezoning of 2.8 acres from Community Shopping Center (CSC) to Planned Development (PD) for property located at 1992 and 1996 Cliff Road and 1984 Rahncliff Court. Aye: 5 Nay: 0 Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve a Final Planned Development to allow a 7,150 sq. ft. multi-tenant retail building for property located at 1992 and 1996 Cliff Road and 1984 Rahncliff Court, subject to the following conditions: Aye: 5 Nay: 0 1. A written Final Planned Development Agreement shall be executed and recorded with the County Recorder's office. The following exhibits are necessary for the Final PD Agreement. • Final Site Plan • Final Building Elevations (including trash enclosure) • Final Site Lighting Plan • Final Landscape Plan (corresponding to legend) • Final Signage Plan 2. This Final Planned Development allows for the following: • Multiple buildings on one parcel • Joint parking • Outdoor patio dining, not to exceed 24 total seats (subject to building permit, SAC determination and site plan approval by City staff) • On sale liquor (beer/wine; subject to liquor license approval) • The new west elevation of the easterly building shall match the exterior materials of the existing building 3. All owners of the CIC plat shall be a party to the Final PD Agreement and provide signatures on said document. City Council Meeting Minutes May 1, 2012 6 page 4. This development shall dedicate street & trail easement along Rahncliff Road to a minimum of two feet east of the existing trail along the east side of Rahncliff Road. 5. The applicant shall be responsible for relocating the existing hydrant at the new entrance onto Rahncliff Court under the building permit application, in accordance with City engineering standards. 6. Mechanical equipment units shall be setback from the edge of the roof a minimum of 20 feet. Screening of said units shall meet all City Code requirements. 7. Building identification numbers shall be installed consistent with City Code Section 2.78. 8. The trash enclosure shall meet City Code requirements. 9. The developer shall provide evidence of the condominium plat and the necessary signatures of both owners and lenders, in a form acceptable to the City Attorney, prior to recording of the Final PD Agreement. Si_gnage 10. The exterior elevations shall be revised to accurately reflect the number of tenants, equally allot the sign bands, provide adequate spacing between the sign bands and reduce the number of wall signs, up to two total signs for the end units and one for each interior tenant, as required by City Code. 11. The pylon sign shall not exceed 27 feet in height and shall comply with all other City Sign Code requirements. 12. Sign permits shall be obtained prior to installation for both the building and pylon signs. 13. All awnings shall be constructed of Sunbrella, Arlon or Canvas material and shall exclude tenant identification. Landscaping 14. The Final Landscape Plan shall provide labels with the plant type key in accordance with the legend. 15. All landscaped areas shall be irrigated. 16. The applicant shall be responsible for regular inspections and maintenance of the stormwater features and for reporting to the City about these activities. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. ADMINISTRATIVE AGENDA CITY COUNCIL COMMENTS Mayor Maguire noted there will be a Memorial Day observance on May 28 at 2 p.m. at the Memorial and Tribute Plaza at Central Park. DIRECTOR OF PUBLIC WORKS Public Works Director Colbert noted the May 8, 2012 Special City Council meeting and distributed the proposed 5- year Capital Improvement Plan. Colbert again thanked the City Council for the opportunity to serve the City. VISITORS TO BE HEARD There were no visitors to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the meeting at 8:16 p.m. Aye:5 Nay:0 Date City Council Meeting Minutes May 1, 2012 7 page A Mayor Clerk