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2010-02-01 City Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota February 1, 2010 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Hansen, Fields and Tilley. James MacGillis, representing Ibrahim Aqel, owner of Eagan Cigars & Tobacco Store, requested the Council consider an ordinance amendment that would allow self service of tobacco products in establishments that do not permit anyone under the age of 21 to enter. The Council directed staff to survey neighboring cities and prepare a draft ordinance amendment to be discussed at a future workshop. A regular meeting of the Eagan City Council was held on Tuesday, February 1, 2010 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Hansen, Fields and Tilley. Also present were City Administrator Tom Hedges, City Planner Mike Ridley, Public Works Director Tom Colbert, Community Development Director Jon Hohenstein, Assistant City Engineer John Gorder, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. CONSENT AGENDA Councilmember Bakken 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 the January 19, 2010 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the promotion of Jeanette Johnson from Clerical Tech III to Engineering Aide. C. It was recommended to ratify the check registers dated January 14, 2010, January 21, 2010 and January 28, 2010 as presented. D. It was recommended to receive the draft feasibility report for Project 1012 (Duckwood Drive and Station Trail – Street and Utility Improvements) and schedule a public hearing to be held on March 2, 2010. E. It was recommended to authorize the preparation of an update to the Transportation Infrastructure Needs Analysis (TINA). F. It was recommended to receive the draft feasibility report for Project 1016R (Ames Crossing Road – Street and Utility Improvements – Revised) and schedule a public hearing to be held on March 2, 2010. G. It was recommended to approve a Release and Termination of the Regulatory Agreement pertaining to the Amended and Restated Regulatory Agreement between the City of Eagan, the Cinnamon Ridge Limited Partnership and the Bank of New York. H. It was recommended to accept the final report of the City’s broadband technology report as outlined at the November 10, 2010 work session and direct staff to proceed as directed to determine the feasibility of the recommended next steps. City Council Minutes February 1, 2010 Page 2 I. It was recommended to accept a Department of Energy Geothermal Grant in the amount of $1,338,000 and approve a Guaranteed Energy Savings Contract pursuant to Minnesota Statute 471.35 Subd. 13(b) to Harris Companies in the amount of $3,194,506 to retrofit the mechanical system at the Eagan Civic Arena to reduce energy usage and cost. PUBLIC HEARINGS There were no public hearings. OLD BUSINESS There were no old business items. NEW BUSINESS CONDITIONAL USE PERMIT – M & L INDUSTRIAL PROPERTIES City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow the outdoor storage of up to 32 vehicles and dumpsters on property located at 3285 Terminal Drive. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to allow the outdoor storage of up to 32 vehicles on property located at 3285 Terminal Drive and legally described as Lot 3, Block 1, Tan Me 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 a maximum of 32 vehicles and located in the outdoor storage area as identified on the Site Plan received January 6, 2010. 3. The applicant shall submit a revised Site Plan identifying 21 parking stalls, striped per Code Requirements and reflect the 4 foot berm as identified on the Landscape Plan. 4. Outdoor storage shall be limited to operational vehicles and associated with the tenants’ businesses. 5. The storage area shall be maintained in an orderly fashion. 6. Landscaping shall be installed according to the Landscape Plan dated January 6, 2010 and planted by July 1, 2010. 7. The applicant shall submit a landscape escrow in the amount of $7,500 prior to recording of the Conditional Use Permit. 8. The applicant shall install the fence as identified on the Site Plan dated January 6, 2010 by July 1, 2010. The six foot chain link fence covered with the mesh material shall be extended into the front yard, adjacent to Sun Drive, to screen the proposed truck parking. 9. The applicant shall obtain a grading permit from the City prior to the construction of the proposed outdoor storage and parking areas. 10. The outdoor storage areas shall not be surfaced with gravel base, Class V or otherwise. 11. All parking and storage areas shall be properly maintained to prevent deterioration. 12. If recycled asphalt aggregate is used for the outdoor storage areas, the site will be subject to periodic review by City staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 13. The applicant shall install physical measures to discourage vehicles from using Terminal Drive as an access. 14. The applicant shall enclose the trash and recycling containers in an enclosure that meets City Code requirements no later than July 1, 2010. City Council Minutes February 1, 2010 Page 3 CONDITIONAL USE PERMIT – CLEARWIRE (KENNEBEC DRIVE) City Administrator Hedges introduced this item regarding a Conditional Use Permit to permit a 10’ extension on an existing 118’ communications tower on property located at 3659 Kennebec Drive. City Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to permit a 10’ extension on an existing 118’ communications tower on property located at 3659 Kennebec Drive, 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 Conditional Use Permit provides for a 128-foot tall communication monopole and an equipment cabinet as shown on the Site Plan dated January 4, 2010. The antenna panels and microwave dishes extend to 130 feet. No equipment shall exceed 130’ in height. 3. A building permit shall be obtained for the extension of the monopole, antennae panels, microwave dishes and equipment cabinets. 4. The applicant shall provide the City documentation from a registered structural engineer confirming the structural integrity of the proposed monopole extension. The documentation shall be submitted with the building permit application. 5. No signage other than for public safety warnings or equipment information shall be affixed to the tower or equipment building. 6. No artificial illumination shall be allowed on the tower except when required by law or by a governmental agency. 7. The monopole and all communications equipment shall be maintained. CONDITIONAL USE PERMIT – CLEARWIRE (PARKVIEW GOLF COURSE) City Administrator Hedges introduced this item regarding a Conditional Use Permit to permit a 10’ extension on an existing 100’ communications tower on property located at 1310 Cliff Road. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Conditional Use Permit to permit a 10’ extension on an existing 100’ communications tower on property located at 1310 Cliff Road, 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 Conditional Use Permit provides for a 110-foot tall communication monopole and an equipment cabinet as shown on the Site Plan dated January 4, 2010. The antenna panels and microwave dishes extend to 112 feet. No equipment shall exceed 112’ in height. 3. A building permit shall be obtained for the extension of the monopole, antennae panels, microwave dishes and equipment cabinets. 4. The applicant shall provide the City documentation from a registered structural engineer confirming the structural integrity of the proposed monopole extension. The documentation shall be submitted with the building permit application. 5. No signage other than for public safety warnings or equipment information shall be affixed to the tower or equipment building. 6. No artificial illumination shall be allowed on the tower except when required by law or by a governmental agency. 7. Landscaping shall be installed according to the Landscape Plan dated January 4, 2010 and planted by July 1, 2010. 8. The tower shall be sanded and repainted no later than July 1, 2010. 9. The monopole and all communications equipment shall be maintained. City Council Minutes February 1, 2010 Page 4 CONDITIONAL USE PERMIT – CLEARWIRE (NORTHVIEW PARK) City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow construction of a 100’ communications monopole on property located within Northview Park at 980 Northview Park Drive. City Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow construction of a 100’ communications monopole on property located within Northview Park at 980 Northview Park Drive, 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 tower and accessory equipment cabinet shall comply with the general standards outlined in City Code Section 11.70, Subdivision 26-G. 3. Clearwire shall obtain a building permit prior to commencing construction of the new tower. 4. The equipment cabinet shall be finished in a dark green color to match the principal building. 5. The lease area shall be secured with a security fence as shown on the Site Plan last revised January 13, 2010. 6. Clearwire shall enter into a lease agreement with the City in a form acceptable to the City Attorney. The lease agreement shall be executed prior to erection of the tower or placement of any equipment upon the property. 7. The monopole tower shall be painted light blue. 8. The monopole and all equipment shall be maintained. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. ADMINISTRATIVE AGENDA Community Development Director Hohenstein discussed the Urban Land Institute / Regional Council of Mayor’s Opportunity City Program. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve authorization to submit a letter of interest to the Opportunity City Program and to authorize the commitment of $5,000 from the City’s fund balance for that purpose. Aye: 3 Nay: 2 Bakken and Fields VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 7:00 p.m. Aye: 5 Nay: 0 ____________________ _________________________________ Date Administrative Secretary / Deputy Clerk