03/03/2015 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
MARCH 3, 2015
A Listening Session was
held at 6:00
p.m.
prior to the regular City Council meeting. Present were
Councilmembers Fields,
Bakken,
Hansen,
and Tilley.
A regular meeting of the Eagan City Council was held on Tuesday, March 3, 2015 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Bakken, Hansen and
Tilley. Also present were City Administrator Osberg, Assistant City Administrator Miller, Director of
Finance Pepper, Director of Communications Garrison, City Planner Ridley, Director of Public Works
Matthys, Director of Parks & Recreation Johnson, Police Chief McDonald, Fire Chief Scott, and Executive
Assistant Stevenson.
AGENDA
City Administrator Osberg announced a Closed Session will be held after the Council meeting to discuss
emergency preparedness planning.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the agenda as
presented. Aye:5 Nay:0
RECOGNITIONS AND PRESENTATION
There were no recognitions and presentations to be heard.
CONSENT AGENDA
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Consent Agenda
as presented: Aye: 5 Nay: 0
A. It was recommended to approve the minutes of February 10, 2015 Special City Council
meeting, and February 17, 2015 regular City Council meeting.
B. Personnel Items
1. It was recommended to accept the hiring of Steve Mueller, Mechanic in the Parks &
Recreation /Fleet Maintenance Division.
2. It was recommended to accept the hiring of Jeff Tisor, Utility Maintenance Worker.
3. It was recommended to accept the hiring of Nicholas Wilson, Utility Maintenance
Worker.
4. It was recommended to accept the resignation of Courtney Sullivan, Human Resources
Generalist, and authorize hiring her replacement.
5. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation
and Utilities.
6. It was recommended to ratify the labor agreement reached between the City of Eagan
and Teamsters Local #320, Clerical Unit.
C. It was recommended to approve the check registers dated February 13 and 20, 2015.
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March 3, 2015
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D. It was recommended to approve AccessEagan non - exclusive Access and Use Agreement
with Enventis Corporation and authorize the Mayor and City Clerk to sign; and further
authorize the Director of Communications or IT Manager to execute all necessary work and
pricing schedules to implement subsequent fiber connections with the concurrence of the
City Attorney,
E. It was recommended to direct the City Attorney's office to prepare an ordinance
amendment to City Code Chapter 6.34 regarding childproof packaging requirements.
F. It was recommended to adopt the MN Department of Health approved Wellhead Protection
Plan Amendment, Part 2, and authorize the Mayor and City Clerk to execute all related
documents.
G. It was recommended to receive the petition to vacate public drainage and utility easements
on Lot 1, Block 1; Lot 2, Block 1; and Outlet A within the Beau D Rue Drive Plat, and schedule
a public hearing to be held on April 7, 2015.
H. It was recommended to receive the petition to vacate public drainage and utility easements
on Lot 1, Block 1, Leibel Addition, and schedule a public hearing to be held on April 7, 2015,
I. It was recommended to approve an extension of the term of the Blue Gentian Corporate
Center Planned Development to April 28, 2017, and to authorize the Mayor and City Clerk to
execute the necessary documents.
J. It was recommended to adopt a resolution accepting a $90 cash donation from Patricia
Judge in honor of her late husband Gregg and direct the funds to revenue account number
1102.2862 for accounting purposes.
PUBLIC HEARINGS
Certification of Delinquent Utilities
City Administrator Osberg introduced the item noting the City Code allows for collection through
certification of delinquent utility bills which are not paid. The City currently has approximately
1,128 utility bill accounts with delinquent balances. At the February 3, 2015 City Council meeting, a
public hearing was scheduled for the March 3, 2015 City Council meeting.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Bakken moved, Councilmember Fields 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
Certify Delinquent Nuisance Abatement Bills
City Administrator Osberg introduced the item noting the City Code allows for collection of
delinquent false alarm calls, mowing and noxious weed removal, refuse removal and diseased tree
removal bills through certification to property taxes. The City has five properties with delinquent
false alarm invoices and five properties with delinquent invoices for mowing and noxious weed
removal. Osberg noted a diseased tree removal from 2014 is also included in the proposed
assessment roll. At the February 3, 2015 City Council meeting, a public hearing was scheduled for
the March 3, 2015 City Council meeting.
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March 3, 2015
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Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing
and approve the final assessment roll for delinquent nuisance abatement bills and authorize its
certification to Dakota County. Aye: 5 Nay: 0
OLD BUSINESS
Ordinance Amendment — An Ordinance Amendment to
City Code Chapter 8.10 Regarding Utility Task Vehicles
City Administrator Osberg introduced the item noting the Council is being asked to consider three
actions: to approve an ordinance amendment to City Code regarding utility task vehicles, a resolution
establishing a designated use district for utility task vehicles, and a resolution establishing a few for
utility task vehicle permits. Osberg noted the Twin Cities Premium Outlet Mall has indicated a need to
operate utility task vehicles on City streets adjacent to their property. These vehicles are used for
removal of garbage and grounds keeping.
The Council discussed the ordinance amendment.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve an ordinance
amendment to City Code Chapter 8.10 regarding utility task vehicles and direct the City Attorney to
publish the ordinance amendment. Aye: 5 Nay: 0
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a resolution
establishing a designated use district for utility task vehicles. Aye: 5 Nay: 0
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a resolution
establishing a fee for utility task vehicle permits. Aye: 5 Nay: 0
NEW BUSINESS
Planned Development Amendment — Inland Diff ley Marketplace
City Administrator Osberg introduced the item noting the subject site is located at 1008 Diffley Road -
Diffley Marketplace Planned Development. In 2013 a Planned Development Amendment was approved
to allow a full- service restaurant with outdoor dining up to 24 seats with 123 interior seating.
City Planner Ridley gave a staff report.
Rick Plesnar of Inland Commercial Property Management gave a brief overview of the development and
was available for questions.
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March 3, 2015
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The
Council
discussed
the Planned Development Amendment. Councilmember Fields stated she would
like
to see a
condition
to prohibit
designated parking
for specific tenants.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Planned
Development Amendment to allow a 180 seat, full- service restaurant upon property located at 1008
Diffley 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, and proof of recorded shall be provided to the City. The
following exhibits are required for the PD Amendment Agreement:
• Site Plan
2. Existing cross - easements for ingress /egress and parking shall remain.
3. Designated parking for a specific tenant shall be prohibited.
Conditional Use Permit — Enterprise Holdings
City Administrator Osberg introduced the item noting before the Council is a conditional use permit to
allow the outdoor storage of two above - ground fuel storage tanks on property located at 2905
Lexington Ave South.
City Planner Ridley gave a staff report.
Rick Mendlik of Enterprise Holdings was available for questions.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use
Permit to allow the outdoor storage of two above - ground fuel storage tanks on property located at
2905 Lexington Avenue South, subject to the following conditions: Aye: 5 Nay: 0
1. The Conditional Use Permit shall be recorded within 60 days of its approval by the City Council.
2. The fuel tank storage shall meet all state and fire safety requirements.
3. Permitted outdoor storage is limited to up to 595 passenger vehicles, up to 26 assorted trucks,
two above ground fuel storage tanks (1 -2,000 gallon, 1 -4,000 gallon) and storage on racking as
shown on the Site Plan received January 21, 2015.
4. Outside storage and minimum drive aisle widths shall occur as depicted on the Site Plan
received on January 21, 2015s
5. Vehicles and materials stored outside shall be owned and maintained by an entity with offices
located in the principal building. Retail sales and rentals of passenger vehicles shall be
prohibited.
6. Lock boxes meeting Eagan Fire Department specifications shall be installed at all fence gate
locations.
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7. Building address numbers shall be displayed in accordance with the provisions in Chapter 2,
Section 2.78 of the City Code.
8. Recording of this Conditional Use Permit shall simultaneously terminate all previously issued
Conditional Use Permits for Lot 1, Block 1, Eagandale Center Industrial Park #10.
Planned Development Amendment — Gopher Resources
City Administrator Osberg introduced the item noting the proposed Planned Development Amendment
requests approval of an updated Master Plan for future site improvements and building expansions to
the Gopher Resources and Recycling Zone facilities. Osberg noted the improvements are anticipated to
be phased in over the next 15 years.
City Planner Ridley gave a staff report.
Todd Heuer representing Gopher Resources was available for questions.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Planned
Development Amendment to modify the Master Plan for future site improvements at the Gopher
Resources facilities, including building expansions for warehouse, maintenance and equipment needs
upon property located at 3365 Dodd Road and 685 Yankee Doodle 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 within 90 days of approval. Proof of recording shall be
provided to the City. The PD Amendment Agreement shall include the following exhibits:
a. Site Plan
b. Building Elevations
c. Landscape Plan
d. Tree Mitigation Plan
2. Any building expansions not completed within fifteen years (August 1, 2026) shall require a new
Planned Development Amendment.
3. Exterior materials for all building additions shall be consistent with existing materials and
finishes. Introduction of new materials and colors shall be compatible with the existing.
4. Additions to existing buildings shall be subject to mechanical screening requirements in
compliance with current City Codes,
5. If proof of parking areas are constructed, then revised internal circulation plan shall be
submitted for review and approval by City staff.
6. The outdoor storage shall be limited to the type and amount and area of items as depicted on
the approved Site Plan.
7. The applicant shall fulfill tree mitigation requirements through the installation of sixty -eight (68)
Category B trees. Installation of tree mitigation shall be accomplished with each grading permit
or building permit that results in tree removal, and corresponding financial guarantee provided
in accordance with City Code,
8. The applicant shall
ensure the
survival of
preserved trees
via protection
of the tree's critical root
zones through the
placement
of required
Tree Protective
measures (i.e.
orange colored silt
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March 3, 2015
6 page
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.
9. 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.
10. All public and private streets, drainage systems, and utilities necessary to provide service to this
development shall be designed and certified by a registered professional engineer in accordance
with City adopted codes, engineering standards, guidelines, and policies.
11. The applicant shall obtain a City grading permit or building permit for all grading activities
proposed on the site.
12. A detailed land disturbance and erosion control plan shall be prepared in accordance with
current City land disturbance and erosion control regulations prior to issuance of a grading
permit.
13. All erosion /sediment control plans submitted for development and grading permits shall be
prepared by a designer who has received current Minnesota Department of Transportation
(MNDOT) training, or approved equal training as determined by the City Engineer in designing
stormwater pollution prevention plans. Also, all personnel responsible for the installation of
erosion /sediment control devices, and the establishment of vegetation for the development,
shall have received Erosion /Sediment Control Inspector /Installer certification through the
University of Minnesota, or approved equal training as determined by the City Engineer.
14, If Outlot A is subject to any land disturbing activity or building construction that would require a
grading or building permit or if existing stormwater treatment facilities are altered causing
decreased stormwater treatment effectiveness, Outlot A's stormwater management shall be
modified to be in compliance with current city post- construction stormwater requirements.
15. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative /intergovernmental affairs update.
ADMINISTRATIVE AGENDA
There were no administrative agenda items to be heard.
There were no visitors to be heard.
VISITORS TO BE HEARD
ADJOURNMENT
Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at
7:15 p.m. Aye: 5 Nay: 0
CLOSED SESSION
At 7:15 p.m. City Administrator Osberg announced a Closed Session will be held to discuss emergency
preparedness planning. The Closed Session adjourned at 7:35 p.m.
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