MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota MAY 3, 2016

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1 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota MAY 3, 2016 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire and Councilmembers Bakken, Fields, Hansen and Tilley. A regular meeting of the Eagan City Council was held on Tuesday, at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire and Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Osberg, Assistant City Administrator Miller, Communications Director Garrison, Finance Director Pepper, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Director of Parks and Recreation Pimental, Assistant Parks and Recreation Director Flewellen, Police Chief McDonald, City Attorney Dougherty, and City Clerk Scipioni. AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATION Parks and Recreation Director Pimental along with Recreation Program Manager Nowariak recognized Norm Peterson, Sharon Boeckman, Linda Klein and the Eagan Garden Club for their volunteer hours at Holz Farm. CONSENT AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent agenda as presented: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of April 19, 2016 regular City Council meeting as presented. B. Personnel Items: 1. It was recommended to accept the resignation of Jon Hohenstein, Community Development Director. 2. It was recommended to authorize the hiring of Jill Hutmacher for the position of Community Development Director. 3. It was recommended to approve the hiring of Eric Edwardson, Finance Intern. 4. It was recommended to approve the changes to the Health Care Savings Plan. C. It was recommended to ratify the check register dated April 8 and April 15, 2016 as presented. D. It was recommended to approve the ordinary and customary contracts with US Bank, Minnesota Native Landscapes, Inc., Metropolitan Library Service Agency, Minnesota Valley Photography Club, Bollywood Dance Scene & DJ, The Upper Mississippi River Cajun Band, Hunger Solutions Minnesota.

2 2 page E. It was recommended to approve Change Order No. 3 to Contract No , Old Town Hall Repairs and Renovation and authorize the Mayor and City Clerk to execute all related documents. F. It was recommended to approve action to not waive the monetary limits on municipal tor liability. G. It was recommended to adopt a resolution approving a Premise Permit for the Eagan High School Football Booster Club to conduct lawful gambling at Fiesta Cancun Mexican Grill & Bar, 4250 Lexington Avenue Suite 111. H. It was recommended to adopt a resolution approving an Exempt Permit for the Minnesota Farm Bureau Federation to conduct a raffle on September 15, 2016 at 3080 Eagandale Place. I. It was recommended to direct preparation of an ordinance amendment to City Code Chapter 9 regarding impounding and removing vehicles. J. It was recommended to direct preparation of an ordinance amendment to City Code Chapter 5 regarding on-sale alcohol license setback requirements. K. It was recommended to approve a Show License for Herpetorama, Inc. doing business as Repticon at the Eagan Community Center on May 14 and May 15, 2016 and September 17 and 18, L. It was recommended to approve the Purchase Agreement with GLG Properties ( Gertens ) for the sale of Outlot I, Gopher Industrial Park 2 nd Addition and to direct the Advisory Planning Commission to review the conveyance as to compliance with the City s Comprehensive Plan. M. It was recommended to Proclaim May 15 through May 21, 2016, as Public Works Week and authorize the Mayor and City Clerk to execute all related documents. N. It was recommended to Proclaim June 2016 as Eagan Lakes Appreciation Month and authorize the Mayor and City Clerk to execute all related documents. O. It was recommended to receive the bids for Contract (2016 City-wide Sewer Lining Sanitary Sewer Improvements), award the contract to Insituform Technologices USA, Inc. for the Base Bid in the amount of $164, and authorize the Mayor and City Clerk to execute all related documents. P. It was recommended to acknowledge the completion of Project 12-F (Eagan Car Club Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. Q. It was recommended to acknowledge the completion of Project 14-I (CityVue Commons Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. R. It was recommended to receive the quote for Contract (Central Maintenance Facility Campus Brine Production System) and award a contract to Cargil, Inc., in the amount of $55,800.00, and authorize the Mayor and City Clerk to execute all related documents. S. It was recommended to receive a petition to vacate public drainage and utility easements on Lot 1, Block 1, Tesseract 2 nd Addition and schedule a public hearing to be held on June 7, T. It was recommended to reschedule a public hearing to May 17, 2016, to consider the vacation of public drainage and utility easements on Lot 19, Block 5, Hilltop Estates. U. It was recommended to reschedule a public hearing to May 17, 2016, to consider the vacation of public drainage and utility easements on Lots 3 & 4, Block 1, Sibley Terminal Industrial Park.

3 3 page V. It was recommended to defer the City s Metropolitan City Entitlement Status for federal fiscal years 2017 through 2019 and authorize participation in the Dakota County Urban County designation for CDBG, HOME and ESG funding. W. It was recommended to direct staff to initiate a Comprehensive Guide Plan Amendment to change the Land Use designation of Outlot I, Gopher Eagan Industrial Park 2 nd Addition from Park to Limited Industrial, a Rezoning to change the zoning of Outlot I, Gopher Eagan Industrial Park 2 nd Addition from Park to Limited Industrial, and preparation of an ordinance amendment to City Code Chapter 11 regarding composting in the Limited Industrial Zoning District. X. It was recommended to adopt a resolution authorizing acceptance of an $18,000 donation in the form of bicycles from Thomson Reuters. Y. It was recommended to approve a resolution and partnership agreements to accept cash donations for the following organizations, to authorize the necessary budget adjustments and direct the Mayor and City Clerk to sign the appropriate documents. Z. It was recommended to authorize a variance to the Construction Activity Noise Regulations (City Code Sec ) to exempt Citywide daily maintenance/management and Central Maintenance Facility renovation activities between 6:30 a.m. and 7:00 a.m., Monday through Friday, from Monday, May 2, 2016, to Monday, September 5, 2016, for City maintenance personnel and Central Maintenance Facility renovation (Contract 16-04) contractors. APPOINTMENT OF ADVISORY COMMISSION MEMBERS Assistant City Administrator Miller introduced the item, noting there were 23 applicants this year; interviews were held with the City Council on April 12, Councilmember Bakken suggested beginning with the Airport Relations Commission, and continuing with the Energy and Environment Advisory Commission, Advisory Planning Commission and the Parks and Recreation Advisory Commission. He noted because of the number of candidates versus the number of openings, we have found ourselves in situations with the last commission where we are unable to fill all the openings. The Council agreed to begin with the Airport Relations Commission, and continuing with the Energy and Environment Advisory Commission, Advisory Planning Commission, and Advisory Parks and Recreation Commission. The City Council voted via individual ballots on their 2016 advisory commission appointments. The following were approved by unanimous consent by the City Council: Airport Relations Commission 1. Jeff Spartz 2. Carol Whisnant 3. Philippe Girard 4. Julie Lambert (1- year alternate) Energy and Environment Advisory Commission 1. Aditya Prabhakar 2. Peter Dugan 3. Greg Oxley

4 4 page 4. Stacy Fleenor 5. Jerry Pottorff 6. W. Dustin Merrick (1-year alternate) Advisory Planning Commission 1. Dan Sagstetter 2. Dan Piper 3. Benjamin Weimert 4. Kim Heckmann (1-year alternate) Advisory Parks and Recreation Commission 1. Mike Palmer 2. Aileen Hough 3. Linda Klein (1-year alternate) Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the appointments to the advisory commissions with terms beginning in May Aye: 5 Nay: 0 There were no public hearings to be heard. There were no old business items to be heard. PUBLIC HEARINGS OLD BUSINESS NEW BUSINESS Conditional Use Permit Burgers and Bottles City Administrator Osberg introduced the item noting the Council is be asked to approve a Conditional Use Permit to allow on-sale liquor in conjunction with a full service restaurant located at 1278 Lone Oak Road. City Planner Ridley gave a staff report and provided a site map. Mayor Maguire opened the public comment, there being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow on-sale liquor in conjunction with a full service restaurant located at 1278 Lone Oak Road, subject to the following condition: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council.

5 5 page Mayor Maguire stated his concern regarding parking. There was Council consensus to direct staff to reach out to the property manager and restaurant owner suggesting employees park in the rear of the strip center. Conditional Use Permit Safety-Kleen City Administrator Osberg introduced the item noting the property was initially developed in The property is zoned I-1, Limited Industrial, in which outdoor storage requires a conditional use permit. City Planner Ridley gave a staff report and provided a site map. 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 outdoor storage of commercial trucks, trailers and other vehicles, roll-off containers, and other heavy duty equipment and materials upon property located at 3227 Terminal Drive, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded with the Dakota County Recorder s office within 60 days of approval by the City Council, with the following exhibit: Site Plan dated 03/29/16 2. The property shall be replatted as a single lot. 3. Outdoor storage of commercial trucks and equipment shall be permitted in the numbers and locations as delineated on the Site Plan dated 03/29/ Building address numbers shall be reviewed for consistency with the standards in Section 2.78 of City Code, and new address number signs installed if necessary to achieve compliance. 5. Site Lighting Plan shall be provided to city staff for review prior to release of the Conditional Use Permit for recording. 6. The applicant shall install landscape screening along the front of the property, and provide a Landscape Plan for staff review prior to release of the Conditional Use Permit for recording. 7. The owner shall maintain all paved surfaces in good condition. 8. The applicant shall obtain a Grading Permit from the City prior to constructing the proposed parking lot expansion. 9. Detailed plans for this grading work shall be prepared and signed by a registered professional engineer. 10. This development shall meet the City s Post Construction Stormwater Management Requirements (City Code 4.34) for stormwater management and surface water quality, including Runoff Rate Control and Volume Control on the site s new and fully-reconstructed impervious surface area. 11. Prior to proceeding with land disturbing activity, the property owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the inspection and maintenance required to occur to ensure proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. 12. A Stormwater Management System Performance Guarantee shall be provided for this project, based on 2016 Fee Schedule Rates for total land disturbance. Before the city returns any Stormwater-related Performance Guarantee Fees for this project, the applicant shall provide the City Engineer with as-built plans and engineer s certification that demonstrate that all

6 6 page constructed stormwater conveyance structures and stormwater management facilities (pretreatment, filtration practices, etc.) conform to design and/or construction plans, as approved by the City. Conditional Use Permit Meadow View Industrial Center II (Stericycle) City Administrator Osberg introduced the item noting Stericyle is a new business relocating from St. Paul to Eagan. The Council is being asked to approve a Conditional Use Permit to allow outdoor storage of 15 semi-trailers and 8 straight trucks and a 30 Variance to the required 50 setback for outdoor storage across a street from property guided for residential use located at 1670 Meadow View Road. City Planner Ridley gave a staff report and provided a site map. Eric Simmer, Interstate Development, was available for questions. Mayor Maguire opened the public comment, there being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow outdoor storage of 15 semi-trailers and 8 straight trucks upon property located at 1670 Meadow View Road, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded with the Dakota County Recorder s office within 60 days of approval by the City Council, with the following exhibits: Site Plan dated 3/29/16 Landscape Plan (with date as revised per conditions) 2. If it is discovered that parking on the site is not met by the current number of stalls, the applicant must construct the required proof of parking and submit an application to amend this CUP to reflect the reduction in the number of outside storage items. 3. Building address numbers shall be reviewed for consistency with the standards in Section 2.78 of City Code, and new address number signs installed if necessary to achieve compliance. 4. The owner shall maintain all paved surfaces in good condition. 5. The owner shall submit a revised Landscape Plan with corrected plant specifications, greater opacity and height of plantings east of the storage area, and irrigation to be provided. 6. Concrete curb and gutter shall be installed on the south, east and north sides of the parking lot pavement by June 1, Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a 30 Variance to the required 50 setback for outdoor storage across a street from property guided for residential use located at 1670 Meadow View Road, subject to the following conditions: Aye: 5 Nay: 0 1. The owner shall maintain all paved surfaces in good condition. 2. The owner shall submit a revised Landscape Plan with corrected plant specifications, greater opacity and height of plantings east of the storage area, and irrigation to be provided. 3. Concrete curb and gutter shall be installed on the south, east and north sides of the parking lot pavement by June 1, 2021.

7 7 page LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA CITY COUNCIL Councilmember Fields noted Public Works week begins on May 15 and suggested Councilmembers wear their Public Works safety vests at the May 17 th Council meeting. Councilmember Hansen noted due to the results of the Metro Cities elections, he is looking forward to the opportunity to carry on the Regional Leadership tradition that Mayor Maguire and Mr. Osberg have established when he assumes the position of Vice President of Metro Cities on July 1 st. PUBLIC WORKS DIRECTOR Public Works Director Matthys noted the Eagan team lost a valuable member this past weekend, Kerry Stang, a long time utility employee passed away at the age of 43. A memorial gathering celebrating Kerry s life will be held tomorrow in St. Cloud from 4-8 p.m. at the Benson Funeral Home. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Fields moved, Councilmember Bakken seconded a motion to adjourn the meeting at 7:25 p.m. Aye: 5 Nay: 0 Date Mayor City Clerk