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2010-03-02 City Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota March 2, 2010 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Acting Mayor Fields, Councilmembers Bakken, Hansen, and Tilley. Mayor Maguire was absent. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, February 16, 2010 at 6:30 p.m. at the Eagan Municipal Center. Present were Acting Mayor Fields, Councilmembers Bakken, Hansen, and Tilley. Mayor Maguire was absent. Also present were City Administrator Tom Hedges, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 RECOGNITIONS AND PRESENTATIONS A moment of silence was observed for Lt. Roy Prudencio of the Fire Department who recently passed away. Acting Mayor Fields noted that the Founders’ Day Luncheon and State of the City Address will be held Friday, March 5. 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 minutes of the February 16, 2010 regular City Council meeting and the February 9, 2010 Special City Council Minutes as presented. B. Personnel Items. 1. The resignation of Dan Olsen, Park Maintenance, was recognized. C. It was recommended to ratify the check registers dated February 11, 2010 and February 18, 2010 as presented. D. It was recommended to approve the temporary 3.2 percent malt liquor (beer) license for the Eagan Lions Club for the Fourth of July celebration (July 2-4, 2010) and waive the $25 license fee. E. It was recommended to accept a donation of $4,000 from City and County Credit Union for the 2010 Eagan Market Fest entertainment series and 50 percent of the cost for Market Fest bags for the grand opening promotion ($250 value). F. It was recommended to accept a partnership contribution of $1,500, limited number of items to be given away for Health & Wellness Night and volunteer support from Rasmussen College as a partner for the 2010 Eagan Market Fest event. G. It was recommended to acknowledge approval of Redevelopment Incentive Grant (RIG) from Dakota County Community Development Authority and authorize preparation of plans and specifications for Contract 10-06 (Gold Trail / Woodhaven Park – Trail Improvements). H. It was recommended to approve the plans and specifications for Contract 10-08 (Citywide Sanitary Sewer Lining) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, March 25, 2010 at the Utility Building, located at 3419 Coachman Point, Eagan, MN 55122. I. It was recommended to direct staff to prepare a submittal in response to the Google Fiber for Communities Initiative and to explore cooperative efforts in this regard if feasible. City Council Minutes March 2, 2010 Page 2 J. It was recommended to accept the donation of $300 from Dakota Electric to support the Home and Leisure Show. K. It was recommended to approve Tree Maintenance Contractor License for Precision Landscape & Tree, Inc. dba Precision Tree, 50 South Owasso Blvd. E., Little Canada, MN 55117. L. It was recommended to approve the final payment for Contract 08-01 (Holland Lake Lift Station – Storm Sewer Improvements) in the amount of $33,876.97 to Geislinger and Sons, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. M. It was recommended to receive the petition to vacate public right-of-way formerly known as Old Sibley Highway and Old Sibley Memorial Highway and schedule a public hearing to be held on April 6, 2010. PUBLIC HEARINGS ND HUNTER LANE (GREENSBORO 2 ADDITION) RIGHT-OF-WAY VACATION City Administrator Hedges introduced this item regarding the vacation of Hunter Lane within the nd Greensboro 2 Addition. Public Works Director Colbert gave a staff report. Acting Mayor Fields opened the public hearing. Two residents of Greensboro Drive expressed their support for the proposed vacation of Hunter Lane. There being no further public comment, Acting Mayor Fields turned discussion back to the Council. Councilmember Hansen moved, Councilmember Bakken seconded a motion to close the public hearing nd and approve the vacation of public right-of-way known as Hunter Lane within Greensboro 2 Addition, reserving the trail, drainage and utility easement, and authorize the Mayor and City Clerk to execute all related documents. Aye: 4 Nay: 0 PROJECT 1016R, AMES CROSSING ROAD STREET AND UTILITY IMPROVEMENTS City Administrator Hedges introduced this item regarding the Ames Crossing Road street and utility improvements. Public Works Director Colbert introduced Kevin Kawlewski of WSB who provided an overview of the Feasibility Report for Project 1012. Acting Mayor Fields opened the public hearing. There being no public comment, she turned discussion back to the Council. Councilmember Bakken moved, Councilmember Tilley seconded a motion to close the public hearing and approve Project 1016R (Ames Crossing Road – Street and Utility Improvements) and authorize the preparation of detailed plans and specifications, and the acquisition of easements through quick-take eminent domain process, if necessary. Aye: 4 Nay: 0 PROJECT 1012, DUCKWOOD DRIVE / STATION TRAIL STREET AND UTILITY IMPROVEMENTS City Administrator Hedges introduced this item regarding street and utility improvements for Duckwood Drive and Station Trail. Public Works Director Colbert introduced Mark Kasma of Bolton & Menk who presented a report on the proposed project. Acting Mayor Fields opened the public hearing. Two residents asked questions which were addressed by staff. There being no further public comment, Acting Mayor Fields turned discussion back to the Council. City Council Minutes March 2, 2010 Page 3 Councilmember Tilley moved, Councilmember Hansen seconded a motion to close the public hearing and approve Project 1012 (Duckwood Drive and Station Trail – Street and Utility Improvements) and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0 OLD BUSINESS There were no old business items. NEW BUSINESS CONDITIONAL USE PERMIT – FACTORY MOTOR PARTS City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to allow outdoor storage of 38 semi trucks/trailers and up to 60 fleet vehicles on property located at 2782 Eagandale Boulevard. City Planner Ridley gave a staff report. David Sandvik, Factory Motor Parts, was present to answer questions. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to allow outdoor storage of 38 semi trucks/trailers and up to 60 fleet vehicles on property located at 2782 Eagandale Boulevard, legally described as Lot 1, Block 5, Eagandale Center Industrial Park, subject to the following conditions: Aye: 4 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The outdoor storage shall be located in designated storage areas as indicted on the Site Plan submitted January 27, 2010. 3. The proposed plantings to provide screening of the outdoor storage from Eagan Industrial Road, as depicted on the Landscape Screening Plan submitted January 27, 2010, shall be implemented no later than October 31, 2010. INTERIM USE PERMIT – MAX STEININGER INC. City Administrator Hedges introduced this item regarding a request for an Interim Use Permit to allow a concrete recycling processing and stockpiling facility to be located at 3089 Neil Armstrong Boulevard. City Planner Ridley gave a staff report. Applicant Greg Steininger was present to answer questions. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve an Interim Use Permit to allow a concrete recycling processing and stockpiling facility located at 3089 Neil Armstrong nd Boulevard, Lot 2, Block 1, Amoco 2 Addition, subject to the following conditions: Aye: 4 Nay: 0 1. The Interim Use Permit (IUP) shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The permit shall terminate upon the earlier of either cease of use or three years from the date of City Council approval. 3. The applicant shall immediately remove all outdoor storage or obtain an Interim Use Permit by June 1, 2010. 4. The IUP shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The IUP may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. City Council Minutes March 2, 2010 Page 4 5. The landscape berm shall be constructed per the Site/Grading Plan dated February 1, 2010. 6. Site operations shall occur as identified on the Site/Grading Plan dated February 1, 2010. 7. Dust control procedures shall be utilized. 8. The hours of operation shall be limited to 7:00 a.m. to 7:00 p.m. Monday through Saturday. 9. The operation shall be in compliance with all applicable State and local regulations. 10. In the event that the permit is terminated or not renewed, all materials and equipment shall be removed from the site within 90 days of termination. 11. No mining shall be allowed on the property. 12. The applicant shall obtain a grading permit from the City prior to the construction of the proposed storage/work areas. Detailed plans for this grading work shall be prepared and signed by a registered professional engineer. 13. The applicant shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is also subject to the City’s codified land disturbance and erosion control regulations. 14. If recycled asphalt aggregate is used for the storage/work 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. 15. All parking and storage areas shall be properly maintained to prevent deterioration, erosion and sediment from being carried off site. 16. Prior to issuance of a Land Disturbance and Erosion Control Permit, the applicant shall have all wetlands fully or partially located on the site delineated by a Certified Wetland Delineator utilizing approved methods as stated in Minn. Rules Ch. 8420 and shall have all existing wetlands assessed utilizing the Minnesota Routine Assessment. Any and all delineations shall be conducted during the growing season and shall be submitted to the City for review and approval. 17. If determined necessary by the wetland delineation, the applicant shall provide a wetland buffer/conservation easement to the City in a form acceptable to the City Attorney. 18. Any proposals to impact any of the wetlands on the site by draining, filling, or excavating shall comply with Minn. Rules Ch. 8420 and shall be in accordance with City Codes regarding Wetland Sequencing and Replacement Requirements and Wetland Submittal Requirements. 19. Approval shall be subject to compliance with City Code requirements relating to Wetland Buffers and Wetland Setbacks. INTERIM USE PERMIT – GREG PRUESSE City Administrator Hedges introduced this item regarding a request for an Interim Use Permit to allow outdoor storage of up to six commercial vehicles upon the property at 4145 Old Sibley Memorial Highway. City Planner Ridley gave a staff report. A representative for applicant Greg Pruesse was present to answer questions. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve an Interim Use Permit to allow outdoor storage of up to six (6) commercial vehicles upon the property at 4145 Old Sibley nd Memorial Highway, legally described as Lot 1, Block 1, Preusse 2 Addition subject to the following conditions: Aye: 4 Nay: 0 1. This Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The outdoor storage shall be located in designated storage areas. 3. The permit shall terminate upon March 2, 2015. 4. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The Interim Use Permit may be revoked for failure to comply with any condition of the permit following notice City Council Minutes March 2, 2010 Page 5 of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. CONDITIONAL USE PERMITS – THINK MUTUAL BANK City Administrator Hedges introduced this item regarding a request for Conditional Use Permits to allow a drive through and a pylon sign for the proposed bank to be located at 4245 Johnny Cake Ridge Road. City Planner Ridley gave a staff report. Representatives of Think Mutual Bank were present to answer questions. A brief discussion was held. Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to allow a drive through for the proposed bank on property located at 4245 Johnny Cake Ridge Road legally described as Lot 2, Block 1, Diffley Plaza, subject to the following conditions: Aye: 4 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The rooftop mechanical equipment shall meet screening requirements per City Code. 3. The trash enclosure shall comply with City Code requirements. 4. The applicant shall provide an elevation of the trash enclosure with the Building Permit submission. 5. A revised Photometric Plan shall be submitted to match the fixture schedule with the Photometric Plan. 6. Landscaping shall be provided, installed and maintained in accordance with the Landscape Plan dated October 21, 2009. Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to allow a pylon sign for the proposed bank on property located at 4245 Johnny Cake Ridge Road legally described as Lot 2, Block 1, Diffley Plaza, subject to the following conditions: Aye: 4 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. All site signage shall comply with City Code requirements. 3. Sign permits shall be obtained from the City prior to installation of the pylon sign and building signs. 4. The pylon sign shall be located as shown on the Site Plan received February 3, 2010. 5. The sign shall be designed as depicted on the Sign exhibit received February 3, 2010. CONDITIONAL USE PERMIT AND VARIANCE (LEBANON HILLS REGIONAL PARK) DAKOTA COUNTY PARKS City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to create a Comprehensive Sign Agreement for Lebanon Hills Regional Park to include four pylon signs for properties located at 1350 Carriage Hills Drive, 1100 Cliff Road and 860 Cliff Road; and a Variance to the height of the sign face for two signs for properties located at 1350 Carriage Hills Drive and 1100 Cliff Road. City Planner Ridley gave a staff report. Bruce Blair, Dakota County Parks, described the proposed signage. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to create a Comprehensive Sign Agreement for Lebanon Hills Regional Park to include four pylon signs for properties located at 1350 Carriage Hills Drive, 1100 Cliff Road and 860 Cliff Road, subject to the following conditions: Aye: 4 Nay: 0 City Council Minutes March 2, 2010 Page 6 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. The Applicant shall enter into a Pylon Sign Agreement in a form acceptable to the City Attorney. 3. The signs shall be located as per the overall Sign Plan received February 3, 2010. 4. A sign permit for each sign shall be obtained prior to installation. 5. All signage shall meet sign setback requirements. 6. The signs shall comply with all other applicable Zoning Ordinance provisions. 7. The proposed entrance pylon shall not exceed 10’4” in height. 8. The proposed kiosk pylons shall not exceed 9’1” in height. 9. Landscaping shall be restored to the current condition by August 1, 2010. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Variance to the height of the sign face for two signs for properties located at 1350 Carriage Hills Drive and 1100 Cliff Road, subject to the following conditions: Aye: 4 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The Applicant shall enter into a Pylon Sign Agreement in a form acceptable to the City Attorney. 3. The signs shall be located as per the overall Sign Plan received February 3, 2010. 4. A sign permit for each sign shall be obtained prior to installation. 5. All signage shall meet sign setback requirements. 6. The signs shall comply with all other applicable Zoning Ordinance provisions. 7. The overall sign face shall not exceed 5” 4” in height. 8. Landscaping shall be restored to the current condition by August 1, 2010. ADMINISTRATIVE AGENDA There were no items that required action. VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Bakken seconded a motion to adjourn the meeting at 7:55 p.m. Aye: 4 Nay: 0 ____________________ _________________________________ Date Administrative Secretary / Deputy Clerk