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02/04/2008 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota February 4, 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, and Tilley. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Monday, February 4, 2008 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Carlson, Fields, and Tilley. Councilmember Bakken was absent. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Planner Sarah Thomas, Planner Pam Dudziak, Public Works Director Tom Colbert, City Attorney Bob Bauer, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that a closed session was held prior to the meeting. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. CONSENT AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as presented. Aye: 4 Nay: 0 A. Minutes. It was recommended to approve the minutes of the January 15, 2008 regular City Council meeting, as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Noemi Rivero as Payroll Specialist. 2. It was recommended to approve the hiring of Leah Sperduto as GIS Specialist. 3. It was recommended to approve Daniel Cook as IT Supervisor. 4. It was recommended to approve the hiring of a person to be named as Water Production Maintenance Worker. C. Check Registers. It was recommended to ratify the check registers dated January 10, January 17, and January 24, 2008 as presented. D. Firefighter Per Diem Rate Increase. It was recommended to increase the per diem rate for paid-on-call firefighters attending department approved training and business out of the metro area from $35/day to $40/day. E. Sentence to Serve Program. It was recommended to approve the renewal of a one year contract with Dakota County for the provision of Sentence to Service work crews and authorize the Mayor and City Clerk to execute the appropriate documents. F. Ordinance Amendment. It was recommended to direct staff to draft an amendment to City Code, Chapter 2, Section 2.78 to update and clarify building addressing regulations. G. Ordinance Amendment. It was recommended to authorize staff to draft an amendment to City Code, Chapter 10, Section 10.40 regarding regulation of recreational fires and open burning. H. Premises Permit. It was recommended to adopt a Resolution Approving a Premises Permit for the Eagan 08-04 Lions Club to Conduct a Charitable Gambling Operation at Cedarvale Lanes, 3883 Cedar Grove Parkway. 1. Contract 08-05. It was recommended to approve the plans and specifications for Contract 08-05 (Citywide Sanitary Sewer Lining) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, March 20, 2008 at the Utility Building, located at 3419 Coachman Point. J. Contract 06-08. It was recommended to approve the final payment for Contract 06-08 (north Ridge Drive Storm Drainage Improvements Citywide - Street Overlays) in the amount of $51,028.70 to G.L. Eagan City Council Meeting Minutes February 4, 2008 Page 2 Contracting, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. K. Contract 07-01. It was recommended to approve the final payment for Contract 07-01 (Citywide - Street Overlays) in the amount of $50,980.32 to McNamara Contracting, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. L. Contract 07-05. It was recommended to approve an amendment to Inspec's Consulting Engineering Agreement for Contract 07-05 (South Water Treatment Plant - Reroofing) and authorize the Superintendent of Utilities to execute such documents. M. On-Sale Liquor License. It was recommended to approve the temporary on-sale liquor license and waive the license fee for Trinity School at River Ridge for a grand opening event on February 8 and 9. N. Project 967. It was recommended to receive the Draft Feasibility Report for Project 967, Wescott Road (Lexington Avenue to Highway 149 - Street Improvements) and schedule a public hearing to be held on March 3, 2008. 0. Bid Award. It was recommended to award equipment contract to Woodway for replacement tread mills for the Eagan Community Center for equipment budgeted for replacement in 2008. PUBLIC HEARINGS BLUE GENTIAN CIRCLE - RIGHT OF WAY VACATION City Administrator Hedges introduced this item regarding the vacation of public right-of-way known as Blue Gentian Circle. Public Works Director Colbert 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. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the vacation of public-right- of-way known as Blue Gentian Circle and authorize the Mayor and City Clerk to execute all related documents. Aye: 4 Nay: 0 CONDITIONAL USE PERMIT AND VARIANCES SPECTRUM BUSINESS PARK - BRICKS & MORTAR LLC City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow joint parking for property in Spectrum Business Park, a Variance to allow 9 foot by 19 foot parking stalls and a Variance from the required 20 foot parking setback from Blue Gentian Road and TH 55. Community Development Director Hohenstein gave a staff report. Rick Morphew discussed the location of the trash enclosure and the parking lot design, noting changes made on a revised site plan. Mayor Maguire 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 a Conditional Use Permit to allow joint parking for property legally described as Lot 1, Block 1, Spectrum Business Park in the NW 1/4 of Section 2, subject to the following conditions: Aye: 4 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 90 days of approval by the City Council, and proof of recording submitted to the City. 2. The trash enclosure shall be constructed of the same materials utilized on the office building and shall comply with applicable provisions of the Zoning Ordinance. 3. The developer shall provide evidence of private ingress/egress easements between Lots 1 and 2, Spectrum Addition for review and approval by the City Attorney prior to building permit approval for the proposed development of Lot 1. Eagan City Council Meeting Minutes February 4, 2008 Page 3 4. The project shall be developed per the revised site plan submitted on February 4, 2008. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Variance to allow 9 foot by 19 foot parking stalls for property legally described as Lot 1, Block 1, Spectrum Business Park in the NW 1/4 of Section 2, subject to the following condition: Aye: 4 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 90 days of approval by the City Council, and proof of recording submitted to the City. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a 10 foot Variance from the required 20 foot parking setback from Blue Gentian Road and TH 55 on property legally described as Lot 1, Block 1, Spectrum Business Park in the NW 1/4 of Section 2, subject to the following condition: Aye: 4 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 90 days of approval by the City Council, and proof of recording submitted to the City. OLD BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT - PASTER ENTERPRISES, INC. Mayor Maguire moved, Councilmember Fields seconded a motion to continue this item to February 19, 2007. Aye: 4 Nay: 0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT - GALAXIE CLIFF PLAZA THIRD ADDITION City Administrator Hedges introduced this item regarding a Planned Development Amendment to modify the square footage of the existing building, located at 1895 Plaza Drive. Community Development Director Hohenstein gave a staff report. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to modify the square footage of the existing building, located at 1895 Plaza Drive, legally described as Lot 2, Block 1, Galaxie Cliff Plaza Third Addition, in the NW 1/4 of Section 32, subject to the following condition: Aye: 4 Nay: 0 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. REZONING, PRELIMINARY PLANNED DEVELOPMENT AND FINAL PLAT BLUE GENTIAN CORPORATE CENTER City Administrator Hedges introduced this item regarding a Rezoning from (BP) Business Park, (A) Agriculture and (R-1) Single-family to (PD) Planned Development; a Preliminary Planned Development for a two-story and five-story office building with underground and structured parking; and a Final Plat to create one lot, all upon approximately 18.08 acres located east of Highway 55 between I-494 and Blue Gentian Road. Community Development Director Hohenstein gave a staff report. Greg Miller discussed the proposed parking plan. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Rezoning from (BP) Business Park, (A) Agriculture and (R-1) Single-family to (PD) Planned Development, for approximately 18.08 acres located east of Highway 55 between I-494 and Blue Gentian Road in the NW 1/4 of Section 2. Aye: 4 Nay: 0 Eagan City Council Meeting Minutes February 4, 2008 Page 4 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Preliminary Planned Development for a two-story and five-story office building with underground and structured parking upon approximately 18.08 acres located east of Highway 55 between I-494 and Blue Gentian Road in the NW 1/4 of Section 2, subject to the following conditions: Aye: 4 Nay: 0 1. The developer shall execute a Preliminary Planned Development Agreement which includes the following plans: Preliminary Site Plan, Preliminary Building Elevations, Preliminary Site Lighting Plan, Preliminary Landscaping Plan, Preliminary Tree Preservation and Mitigation Plan, and Preliminary Signage Plan. 2. A Final Planned Development Agreement shall be executed for each phase of the development. The following plans are necessary for the Final Planned Development Agreement: Final Site Plan, Final Building Elevations, Final Site Lighting Plan, Final Landscaping Plan, Final Tree Preservation and Mitigation Plan, and Final Signage Plan. 3. This Planned Development approves a two-story and five-story building to be constructed in two phases. The two-story portion of the building is 29'6" in height and the five-story portion is 73 feet in height. 4. The developer shall have received approval from the EDA for the acquisition of four properties that are part of this development, which approval requires a separate public hearing and the execution and approval by the EDA of a purchase agreement, in a form acceptable to the City Attorney. 5. The property shall be replatted and the plat recorded prior to issuance of any building permits. 6. The developer shall be responsible for verifying with the proper agencies (i.e. Metropolitan Airports Commission, Federal Aviation Association, etc.) that the building height complies with air traffic corridor regulations. 7. Minimum building setbacks shall be as shown on the approved Site Plan. 8. This development shall provide a minimum of 53% green space. 9. All trash storage shall be within the principal building. 10. All mechanical equipment shall be housed inside the building. 11. The on-site infiltration basin shall be designed and constructed to infiltrate the first '/2 inch of storm water runoff from all impervious areas within the development. 12. All existing water and sewer lines not utilized with this development shall be abandoned in accordance with City standards. 13. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 14. Because the developer desires access to Blue Gentian Road, it shall negotiate an appropriate contribution for the previous costs associated with the construction of the road, prior to building permit issuance. 15. The developer shall enter into an agreement with the City providing for the private maintenance of the development's service drive within public Blue Gentian Road / Circle right-of-way. 16. The development shall be responsible for obtaining all necessary permits from regulatory agencies prior to final plat approval. 17. This development shall accept the City's determination of responsibility and costs of $4,000 (2008 rate) per net developable acre for AUAR Mitigative Traffic Improvements as identified in the Final AUAR document approved by the City council on October 20, 1998, and updated in September 2003. The financial obligation shall be placed in an escrow account with the City to be used solely for financing the AUAR improvements and any unused amount will be returned to the payers upon full development of the AUAR properties. 18. The applicant shall be required to fulfill tree mitigation requirements through the installation of at least one-hundred seventy-seven (177) Category A trees. 19. The applicant shall protect the preserved tree's critical root zones 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. 20. 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. Eagan City Council Meeting Minutes February 4, 2008 Page 5 21. If trees are permitted to be placed within the right-of-way, the developer shall enter into a maintenance agreement with the City for the private maintenance of landscaping within public Blue Gentian Road / Circle right-of-way. 22. The developer shall provide more information on the Final Landscape Plan demonstrating that the soils will be prepared suitably to support the Swamp White Oak species, or substitute another shade tree species that is better suited to the parking lot islands. 23. The Final Landscape Plan shall show all landscaping including any shrubs and perennial plantings. 24. The Final Landscape Plan and Final Mitigation Plans also shall show planting details and specifications. 25. The balance of trees above the amount required to satisfy mitigation shall be re-designated on the Final Landscape and Mitigation Pans as landscape trees. 26. All landscaped areas shall be irrigated. 27. This development shall satisfy Policies 3.1 and 3.3 of the Water Quality and Wetland Management Plan by constructing an infiltration area between two constructed storm basins. 28. This development is not subject to any requirements of Section 11.67 of Eagan City Code. 29. This development shall be subject to a cash parks dedication and cash trails dedication. Said dedications shall be paid at such time as building plans are submitted and approved. The dedications calculation shall be made at the prevailing rate for a commercial/Industrial development. This condition is to be included in the pending Development Agreement. 30. The EIFS material on the west elevation of Phase 1 is considered temporary and shall be removed with the Phase 2 addition. If Phase 2 is not constructed within seven (7) years, then the EIFS material on Phase 1 shall be replaced with a Class I materials matching the rest of the Phase 1 building. 31. Up to two free-standing monument signs, one at each of the two main driveways from Blue Gentian Road, shall be permitted. The monument signs shall be located within the boundaries of the development. The monument signs shall be subject to all other City Sign Code standards regarding setbacks, size, etc. 32. Building signage shall be limited to a total of two signs, not exceeding 2.5% of the facade on which it/they are located. In addition to these business signs, building mounted address numbers shall be permitted on up to two elevations. 33. A total of 415 parking stalls shall be provided, including up to 64 stalls in proof of parking, with construction of Phase 1. With Phase 2, a total of 1, 192 parking stalls shall be provided. 34. Parking stall dimensions shall be not less than 9' x 18', with two-way drive aisles not less than 24' wide. 35. Site Lighting shall be consistent throughout the development. All fixtures shall be downcast and shielded to prevent glare. Pole mounted fixtures shall not exceed 28 feet in height. Additional lighting shall be provided off the west end of Phase 2 to illuminate the underground parking entrance, turnaround and driveway to Blue Gentian Road. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Final Plat to create one lot upon approximately 18.08 acres located east of Highway 55 between I-494 and Blue Gentian Road in the NW 1/4 of Section 2. Aye: 4 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to direct staff and the Advisory Planning Commission to prepare a study of commercial-industrial parking standards. Aye: 4 Nay: 0 ORDINANCE AMENDMENT - CITY OF EAGAN City Administrator Hedges introduced this item regarding an ordinance amendment to Chapter 13, Section 13.30, regarding general grading/drainage/erosion control plan for subdivisions. Community Development Director Hohenstein gave a staff report. Councilmember Fields moved, Councilmember Carlson seconded a motion to approve an Ordinance Amendment to Chapter 13, Section 13.30, Subdivision 1(D)(2) regarding general grading / drainage / erosion control plans for subdivision. Aye: 3 Nay: 0 (Councilmember Tilley left the room temporarily) Eagan City Council Meeting Minutes February 4, 2008 Page 6 ORDINANCE AMENDMENT - CITY OF EAGAN City Administrator Hedges introduced this item regarding an ordinance amendment to Chapter 11, Section 11.65, Subdivision 9(I)(1)(b)(1) regarding shoreland alterations. Community Development Director Hohenstein gave a staff report. Councilmember Fields moved, Councilmember Carlson seconded a motion to approve an Ordinance Amendment to Chapter 11, Section 11.65, Subdivision 9(I)(1)(b)(1) regarding shoreland alterations. Aye: 4 Nay: 0 ORDINANCE AMENDMENT - CITY OF EAGAN City Administrator Hedges introduced this item regarding an Ordinance Amendment to Chapter 11, Section 11.70, Subdivision 12 regarding landscaping regulations. Community Development Director Hohenstein gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an Ordinance Amendment to Chapter 11, Section 11.70, Subdivision 12 regarding landscaping regulations. Aye: 4 Nay: 0 ORDINANCE AMENDMENT - CITY OF EAGAN City Administrator Hedges introduced this item regarding an Ordinance Amendment to Chapter 11, specifically as it relates to standard City Code compliance in association with various City approvals. Community Development Director Hohenstein gave a staff report. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve an Ordinance Amendment to Chapter 11, specifically as it relates to standard City Code compliance in association with various City approvals and direct the City Attorney to prepare and submit the amendment to the legal newspaper for publications. Aye: 4 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no updates. The regular City Council meeting was recessed at 7:20 p.m. and a meeting of the Economic Development Authority was immediately convened. The regular City Council meeting was reconvened at 7:30 p.m. ADMINISTRATIVE AGENDA There were no items. VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Fields moved, Councilmember Carlson seconded a motion to adjourn the regular meeting at 7:35 p.m. Date Administrative Secretary / Deputy City Clerk Eagan City Council Meeting Minutes February 4, 2008 Page 7 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.