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02/21/2012 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota FEBRUARY 21, 2012 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Councilmembers Bakken, Fields, Hansen and Tilley. Mayor Maguire was not yet present. Gary Foster was present and addressed the Council regarding sewer lateral failure on property at located at 4321 Stirrup Street which was recently purchased by his daughter and son -in -law, Lisa and Donald Bliss. The Council discussed the issue presented by Mr. Foster and it was suggested to have the Public Works Committee investigate and make a recommendation to the City Council as a whole. Debra O'Connor, Watchdog Consumer Advocate Reporter, was present for the Listening Session. A regular meeting of the Eagan City Council was held on Tuesday, February 21, 2012 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Hedges, Assistant City Administrator Miller, Director of Administrative Services VanOverbeke, Director of Community Development Hohenstein, City Planner Ridley, Communications Director Garrison, Public Works Director Colbert, Police Chief McDonald, Fire Chief Scott, Director of Parks and Recreation Seydell Johnson and Assistant City Engineer Gorder. AGENDA Councilmember Fields moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS EAGAN CONVENTION AND VISITORS BUREAU AWARD The Eagan Convention and Visitors Bureau (ECVB) was honored at the 2012 Explore Minnesota Tourism Conference in Rochester on January 24, 2012 and received a Travel Marketing Award of Merit for their "Pick Your Package" promotion which generated more than double the projected hotel bookings. ECVB President, Brent Cory, was congratulated by the City Council and presented the award on behalf of the bureau. RECOGNITION OF IT MANAGER, KRISTI PETERSON, FOR 24 PLUS YEARS OF SERVICE TO THE CITY OF EAGAN Kristi Peterson, Information Technology Manager, was recognized and presented a plaque for 24 '/2 years of service to the City of Eagan. 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 8, 2012 Regular City Council meeting, minutes of the January 10, 2012 Special City Council meeting and minutes of the January 31, 2012 Special Council Goals Retreat B. PERSONNEL ITEMS 1. It was recommended to approve the hiring of the temporary GIS Technician/Operations Support Specialist position in the Utilities Department "to be named" 2. It was recommended to approve the promotion of Dan Cook, Information Technology Supervisory, to Information Technology Manager and authorize a classification change from Level 13 to Level 15 effective March 1, 2012 and authorize his replacement City Council Meeting Minutes February 21, 2012 2 page C. It was recommended to approve Check Registers dated February 2, 2012 and February 9, 2012 as presented D. It was recommended to approve a Temporary On -Sale Liquor License and waive license fee for the Eagan Foundation 11` Annual Wine Tasting and Silent Auction Event at the Eagan Community Center on April 19, 2012 E. It was recommended to approve a Temporary On -Sale Liquor License for Twin Cities Goodtime Softball League's 2012 North Star Classic tournament on May 26 and 27, 2012 F. It was recommended to approve Tree Maintenance Contractor License for Valley Tree Service, Inc. G. It was recommended to approve the 2012 — 2016 General Facilities Renewal & Replacement Improvement Program and the 2012 Budget H. It was recommended to approve an Amendment to the 2012 — 2016 Part II Capital Improvement Program and the 2012 Budget I. It was recommended to approve Eagan Cable Franchise Attorney Selection J. It was recommended to authorize application of a grant from the Metropolitan Regional Arts Council for an Arts Learning Grant K. It was recommended to approve the 2013/2014 Fee Schedule for the Eagan Community Center L. It was recommended to approve Resolutions to accept cash and in -kind donations from Rasmussen College, Health Partners, Thisweek Newspapers, Thisweek Live and Dakota County Tribune to benefit Market Fest and/or 5K Your Way Activity Festival M. It was recommended to accept a grant from the State of MN on behalf of the Dakota County Drug Task Force and approve a resolution authorizing execution of the agreement N. It was recommended to approve Comprehensive Guide Plan Amendment and Rezoning of the former Fire Administration property to Limited Business O. It was recommended to present Feasibility Report for Project 1083 (Beacon Hill Road — Storm Sewer Improvements) and Schedule Public Hearing (March 20, 2012) P. It was recommended to approve Agency Delegated Contracting Process Agreement with Minnesota Department of Transportation Q. It was recommended to request Advance of Municipal State Aid Funding R. It was recommended to approve South Metro Cities Joint Powers Agreement for Street Maintenance Services S. It was recommended to approve Plans & Specifications and Authorize Advertisement for Bids for Contract 12 -01 (City-Wide Street Improvements) T. It was recommended to authorize Feasibility Report for Project 1054 (Fairway Hills Ultra -High Pressure Zone Improvements) Item T. Authorize Feasibility Report for Project 1054 (Fairway Hills Ultra -High Pressure Zone Improvements) was pulled for separate consideration. Councilmember Fields moved, Councilmember Tilley seconded a motion to authorize Feasibility Report for Project 1054. Aye: 4 Nay: 0 (Mayor Maguire abstained) PUBLIC HEARINGS PROJECT 1070 OAK CHASE 4 — STREET OVERLAY City Administrator Hedges introduced the item regarding Project 1070, Oak Chase 4 Addition/Oak Chase Circle street improvements. Director of Public Works Colbert gave an overview of the City's pavement management program. Assistant City Engineer Gorder provided an overview of the feasibility study and proposed improvements. Mayor Maguire opened the public hearing. There being no comment, he turned the discussion back to the Council. Councilmember Hansen inquired as to whether the higher than typical assessment was related to the fact that the original street is over 32 years old compared to the other neighborhoods where the streets are closer to 20+ years old. Assistant Engineer Gorder responded in the affirmative. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve Project 1070, Oak Chase 4 Addition/Oak Chase Circle street improvements as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 City Council Meeting Minutes February 21, 2012 3 page PROJECT 1069 CLIFF RIDGE — STREET OVERLAY City Administrator Hedges introduced the item regarding Project 1069 Cliff Ridge Addition street improvements. Assistant City Engineer Gorder provided an overview of the feasibility study and proposed improvements. Mayor Maguire opened the public hearing. There being no comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve Project 1069 Cliff Ridge Addition street improvements as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 1075 GREAT OAKS LANE /CIRCLE — STREET OVERLAY City Administrator Hedges introduced the item regarding Project 1075 Great Oaks Lane /Great Oaks Circle street improvements. Assistant City Engineer Gorder provided an overview of the feasibility study and proposed improvements. Mayor Maguire opened the public hearing. There being no comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve Project 1075, Great Oaks Lane /Great Oaks Circle street improvements as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 1071 SIGNAL POINT/KNOB HILL — STREET OVERLAY City Administrator Hedges introduced the item regarding Project 1071 Signal Point/Knob Hill Addition street improvements. Assistant City Engineer Gorder provided an overview of the feasibility study and proposed improvements. Mayor Maguire opened the public hearing. There being no comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve Project 1071 Signal Point/Knob Hill Addition street improvements as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 1066 COVENTRY PASS 1 & 2 /COUNTRY HOLLOW — STREET OVERLAY City Administrator Hedges introduced the item regarding Project 1066 Coventry Pass 1 and 2nd Additions and Country Hollow Addition street improvements. Assistant City Engineer Gorder provided an overview of the feasibility study and proposed improvements. Mayor Maguire opened the public hearing. Bryan Wray, 623 Wildflower Way, inquired as to whether the presented assessment was guaranteed and expressed concerns regarding the timing of the project. He also inquired about the possibility of scheduling alternatives noting that several graduation parties are planned for this summer in his neighborhood. Staff replied that the proposed assessments are preliminary estimates based on previous year's unit prices. If the bids come in more than 10% over the estimate, City policy is to hold another public hearing to reconsider the project. Staff also explained the economic benefits of leaving a more open construction schedule that allows staff to work with neighborhood groups and the contractor. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve Project 1066 Coventry Pass 1 st and 2nd Additions and Country Hollow Addition street improvements as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 City Council Meeting Minutes February 21, 2012 4 page PROJECT 1072 HEINE COURT — STREET OVERLAY City Administrator Hedges introduced the item regarding Project 1072 Boulder Ridge Addition/Heine Court street improvements. Assistant City Engineer Gorder provided an overview of the feasibility study and proposed improvements. Mayor Maguire opened the public hearing. There being no comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember seconded a motion to approve Project 1072 Boulder Ridge Addition/Heine Court street improvements as presented and authorize the preparation of detailed plans and specifications. Aye: Nay: 0 OLD BUSINESS PLANNED DEVELOPMENT AMENDMENT- PANERA BREAD/ TONY DISANZA City Administrator Hedges introduced the item regarding a planned development amendment to allow drive - through service and modifications to the Panera Bread building located at 1260 Promenade Place. Hedges noted the applicant had previously requested this item be continued to the February 21, 2012 City Council agenda. City Planner Ridley gave a staff report and background on the item. Julie Perrus, attorney representing the applicant, discussed changes and modifications regarding the drive- through, parking spaces and landscaping. Pat Bennett, civil engineer on the project, noted that truck deliveries to Panera would happen either after hours or during off -peak hours. Matt Rieger, Mid - America Real Estate and representing the owner of the in -line center at Eagan Promenade, discussed an additional access lane, site concerns and diminished green space. Mr. Rieger concluded that the site is too tight to accommodate the proposed improvements. The Council discussed the drive- through service, modifications to the building, number of parking spaces and green space. The Council further discussed the applicant achieving 30 percent green space and adding a timed sign to the drive- through. The Mayor and Councilmembers agreed that Panera had responded to the physical concerns raised by the Advisory Planning Commission. Councilmembers commented that the City needs to evolve over time and both Councilmembers Fields and Bakken stated their belief that the addition of drive- through service at this location would not result in a binding precedent being set. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to allow drive- through service and modifications to the building, signage and awnings, for property located at 1260 Promenade Place, legally described as Lot 7, Block 2, Eagan Promenade, subject to the following amended 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: • Final Site Plan • Final Building Elevations • Final Landscape Plan • Final Signage Plan 2. This Amendment is intended to supplement and amend the existing Planned Development Agreements. All other conditions in the Development Agreement remain in effect and the property is subject to the terms and conditions of Development Agreement, as amended by this Amended. City Council Meeting Minutes February 21, 2012 5 page 3. The applicant shall provide evidence of an easement or other agreement that permits these off -site improvements in a form that is acceptable to the City Attorney. 4. Building signage shall be limited to two building elevations. 5. In accordance with the Sign Guidelines in the Promenade PD Agreement, the "drive -thru" wall sign shall be modified to either individual channel letters mounted on the building or on a raceway of channel -letter construction. 6. The drive- through clearance bar shall not contain signs or logos. 7. Menu board and directional signage shall be installed according to the submitted sign plans, and only the numbers and size specified shall be allowed. 8. The outdoor dining area in front of the building shall be surfaced with pervious pavement or paver blocks to offset decreased green space and provide additional on -site infiltration of storm water runoff. 9. The outdoor dining area shall be limited to a total of 24 seats. 10. Landscaping shall be installed per the Landscape Plan to be approved by staff, which approval shall be conditional on achieving approximately 30 percent green space. 11. Building address numbers shall be installed and displayed in accordance with the provisions in Section 2.78 of the City Code. 12. The electrical transformer shall be fully screened from off -site views and landscaping or a screening enclosure. 13. A new pedestrian connection shall be made between the site and the existing trail along Promenade Avenue as shown on the Site Plan. 14. To maintain a clear zone for winter snow and ice removal operations by the City, the retaining wall proposed along Promenade Avenue shall be installed a minimum of 3 feet from the sidewalk. 15. An "expected wait" time display sign shall be added near the entrance to the drive- through. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to allow modifications to the exterior building finish materials and awnings for property located at 1260 Promenade Place, legally described as Lot 7, Block 2, Eagan Promenade, 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. Final Site Plan b. Final Building Elevations c. Final Landscape Plan d. Final Signage Plan 2. This Amendment is intended to supplement and amend the existing Planned Development Agreements. All other conditions in the Development Agreement remain in effect and the property is subject to the terms and conditions of the Development Agreement, as amended by this Amendment. 3. The outdoor dining area shall be limited to a total of 24 seats. 4. Building address numbers shall be installed and displayed in accordance with the provisions in Section 2.78 of the City Code. 5. Awnings may be of the Arlon material and multiple colors, and shall contain no graphics or signage. The City Council recessed at 8:35 p.m. The City Council reconvened at 8:45 p.m. ORDINANCE AMENDMENTS — CHAPTER 5 (REGARDING BEER, WINE AND LIQUOR LICENSING); CHAPTER 8 (REGARDING MOTORIZED GOLF COURSE PERMITS); CHAPTER 10 (REGARDING CARRIER PIGEON PERMITS); AND CHAPTER 6 (REGARDING BUSINESS LICENSING REGULATIONS); AND RESOLUTION ADOPTING TEMPORARY WINE FESTIVAL LICENSE FEE City Administrator Hedges introduced the item regarding ordinance amendments to beer, wine and liquor licensing, motorized golf course permits, carrier pigeon permits, business licensing regulations and adopting a temporary wine festival license fee. City Council Meeting Minutes February 21, 2012 6 page The Council briefly discussed the amendments, specifically the wine festival license and public policy considerations. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve an ordinance amendment to City Code Chapter 5 amending beer license financial responsibility, amending on -sale liquor license restrictions, and adding a temporary wine festival license; an ordinance amendment to City Code Chapter 8.08 regarding motorized golf cart use permits; an ordinance amendment to City Code Chapter 10.12 regarding carrier pigeons permits; an ordinance amendment to City Code Chapter 6 amending various sections regarding business and activity permits and licenses; and direct the City Attorney to publish the ordinance amendment summary. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a resolution adopting fees in connection with a temporary wine festival license. Aye: 5 Nay: 0 ORDINANCE AMENDMENT — CITY OF EAGAN — AMUSEMENT DEVICES City Administrator Hedges introduced the item regarding an ordinance amendment to City Code Chapter 11, Sections 11.30 and 11.60 regarding amusement devices and stated the City Council considered certain policy and housekeeping items regarding various licenses and permits at their special City Council meeting on December 13, 2011. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve an ordinance amendment to City Code Chapter 11, Sections 11.30 and 11.60 regarding amusement devices and direct the City Attorney to publish the ordinance amendment summary. Aye: 5 Nay: 0 NEW BUSINESS APPROVE AN AMENDMENT TO THE 2012 PARK SYSTEMS DEVELOPMENT AND RENEWAL & REPLACEMENT FUND BUDGET TO INCLUDE THE ADDITION OF AN OFF LEASH DOG AREA AT THRESHER FIELDS City Administrator Hedges introduced the item regarding an amendment to the 2012 Park Systems Development and Renewal & Replacement Fund Budget by $45,000 to include the addition of an off -leash dog area. Director of Parks and Recreation Johnson discussed the amendment of the budget of $45,000 and the review of three potential park sites for the off -leash area; noting the Thresher Fields location as the most compatible site. Pierre Lippert of 1871 Michael Point Drive commented in favor of the off -leash park. It was noted, if approved, the proposal would go back to the Parks and Recreation Commission to develop rules and regulations for the park. There was discussion by the Council regarding costs for the project, waste removal, permitting fees and volunteers to help maintain the park. Councilmember Fields moved, Councilmember Bakken seconded a motion to amend the 2012 Park Systems Development and Renewal & Replacement Fund Budget by $45,000 to include the addition of an Off -Leash Dog Area (OLDA) and direct staff to complete a detailed analysis of Thresher Fields for the development of an OLDA and prepare draft rules and policies for APrC review and recommendation to the City Council. Aye: 5 Nay: 0 DIRECT PREPARATION OF CITY ORDINANCE AMENDMENT TO CHAPTER 10 RELATIVE TO ALLOWING DOGS TO BE OFF -LEASH IN AN OFF LEASH DOG AREA City Administrator Hedges introduced the item regarding the preparation of a City ordinance amendment to allow dogs to be off -leash in an off leash -dog area. City Council Meeting Minutes February 21, 2012 7 page Councilmember Tilley moved, Councilmember Hansen seconded a motion to direct the City Attorney to prepare an ordinance amendment to Chapter 10 so as to allow dogs to be off -leash in a designated off -leash area of a City park. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT AND PRELIMINARY SUBDIVISION — CEDAR VALLEY ADDITION / CEDAR VALLEY CHURCH City Administrator Hedges introduced the item regarding the preliminary subdivision and planned development for property relating to the Cedar Valley Church property. City Planner Ridley gave a staff report and discussed the request of creating two lots and a second building on property located at 2024 Rahn Way. Randy Hedlund, representing Cedar Valley Church was present and asked questions of the Council and staff regarding the extension of utilities, conveying property, street improvements and platting. He further discussed future desire of the applicant relative to development and subdivision of the property. Director of Public Works Colbert discussed the process for the extension of utilities. There was further discussion by Council regarding public policy issues on platting and state statutes relative to the subdivision of property. Mr. Hedlund agreed that action on the items should be continued to allow more time for him to consult with his client. Councilmember Bakken moved, Councilmember Tilley seconded a motion to continue the Planed Development Amendment and Preliminary Subdivision for property located at 2024 Rahn Way, Cedar Valley Church, to the March 20, 2012 regular City Council meeting. Aye: 5 Nay: 0 LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE There were no items at this time. ADMINISTRATIVE AGENDA There were no items at this time. VISITORS TO BE HEARD There were no visitors to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the meeting at 9:45 p.m. Aye: 5 Nay: 0 3- C0-J Date I tt fi x) 4 v_fitt4 j Mayor City Clerk