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11/20/2012 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota NOVEMBER 20, 2012 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. A regular meeting of the Eagan City Council was held on Wednesday, November 20, 2012 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, Assistant City Administrator Miller, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Communications Director Garrison, Director of Parks and Recreation Johnson, Fire Chief Scott, Lieutenant Pike and Executive Assistant Stevenson. AGENDA City Administrator noted the addition of items K -Q under the Consent Agenda pertaining to the adoption of feasibility reports and scheduling public hearings for the December 18, 2012 City Council meeting. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as modified. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions or presentations. CONSENT AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Consent Agenda as presented /modified. Aye: 5 Nay: 0 A. There were no minutes to approve. B. Personnel Items 1. It was recommended to accept the resignation of Officer Robert Wegner and authorize hiring his replacement. 2. It was recommended to approve a resolution designating two Alternate Directors to the Local Government Information Systems (LOGIS) Board of Directors. 3. It was recommended to appoint Finance Director Tom Pepper to the Eagan Firefighters Relief Association Board of Trustees. 4. It was recommended to appoint Assistant City Administrator Dianne Miller as Eagan's Alternate to the DCC Executive Committee. 5. It was recommended to approve the hiring of seasonal /temporary employees in Parks & Recreation. C. It was recommended to approve Check Registers dated November 2 and 9, 2012. D. It was recommended to designate a Use for the Available Balance in the Allowance for Uncollectible Taxes Fund. E. It was recommended to approve MP Nexlevel and Arvig Construction on the Qualified Fiber Optic Vendors for Lateral Builds for AccessEagan Open Fiber Network. City Council Meeting Minutes November 20, 2012 2 page F. Item removed. G. It was recommended to approve Final Payment for Contract 12 -09, 2012 Citywide Parking Lot Improvements. H. It was recommended to present the Feasibility Report for Project 1088 (Cedar Grove Boulevard — Phase II Street & Utility Improvements) and Schedule Public Hearing (December 18, 2012). I. It was recommended to direct Preparation of City Code Amendment to Chapters 6, 7, 10 & 11 regarding Low Maintenance Landscape Standards and No Coal Tar Driveway Sealants — Energy & Environment Advisory Commission Recommendations. J. It was recommended to approve the Temporary On -Sale Liquor License and waive the license fee for Trinity School at River Ridge Winter Classic event on January 26, 2013. K. It was recommended to present Feasibility Report for Project 1121, Patrick Addition (Hay Lake Ct.) and schedule Public Hearing (December 18, 2012). L. It was recommended to present Feasibility Report for Project 1120, Nicols Road (Cedar Grove Pkwy. to Meghan Lane) and schedule Public Hearing (December 18, 2012). M. It was recommended to present Feasibility Report for Project 1119, Eagandale Center Industrial Park and schedule Public Hearing (December 18, 2012). N. It was recommended to present Feasibility Report for Project 1118, Dodd Farm (Calvin Ct.) and schedule Public Hearing December 18, 2012). O. It was recommended to present Feasibility Report for Project 1100, Dodd Road (Cliff Rd. to Diffley Rd.) and schedule Public Hearing (December 18, 2012). P. It was recommended to present Feasibility Report for Project 1097, Summer Place/ Summer Place Second and schedule Public Hearing (December 18, 2012). Q. It was recommended to present Feasibility Report for Project 1046, Old Sibley Highway and schedule Public Hearing (December 18, 2012). PUBLIC HEARINGS PROJECT 1067, HAWTHORNE WOODS— STREET IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges noted Project 1067 provided for the street overlay improvements within the Hawthorne Woods Addition, south of Diffley Road and east of Dodd Road, in southeast Eagan. Director of Public Works Matthys gave a staff report and provided additional history on the project. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve the Final Assessment Roll for Project 1067 (Hawthorne Woods) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 1068, LEXINGTON POINTE 1st & 2nd STREET IMPROVEMENTS — FINAL ASSESSMENT HEARING City Administrator Hedges noted Project 1068 provided for the street overlay improvements within the Lexington Pointe 1st & 2nd Additions, south of Diff ley Road and east of Lexington Avenue, in south- City Council Meeting Minutes November 20, 2012 3 page central Eagan. Director of Public Works Matthys gave a staff report and provided additional history on the project. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the City Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion approve the Final Assessment Roll for Project 1068 (Lexington Pointe 1't & 2"d) and authorize its certification to Dakota County for collection. Aye:5 Nay:0 PROJECT 1073, WESCOTT ROAD (DENMARK AVENUE TO 600' EAST OF LEXINGTON AVENUE)/ GLACIER DRIVE STREET IMPROVEMENTS — FINAL ASSESSMENT HEARING City Administrator Hedges noted Project 1073 provided for the street overlay improvements on Wescott Road, from Denmark Avenue to 600' east of Lexington Avenue, and Glacier Drive, south of Wescott Road, in central Eagan. Director of Public Works Matthys gave a staff report and provided additional history on the project. Matthys noted a letter of objection was received from Mr. Pat McCarthy. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the City Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Final Assessment Roll for Project 1073 (Wescott Road — Denmark Avenue to 600' east of Lexington Avenue /Glacier Drive) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 1077, NORTHVIEW PARK ROAD (LEXINGTON AVENUE TO ELRENE ROAD) /BRADDOCK TRAIL (DIFFLEY ROAD TO NORTHVIEW PARK ROAD) /ELRENE ROAD (DODD ROAD TO WESCOTT ROAD) STREET IMPROVEMENTS — FINAL ASSESSMENT HEARING City Administrator Hedges noted Project 1077 provided for the street overlay improvements on Northview Park Road, Elrene Road, and Braddock Trail, all collector streets in east central Eagan. Director of Public Works Matthys gave a staff report and provided additional history on the project. Mayor Maguire opened the public hearing. Bob Albers, 1003 Northview Park Road, addressed the Council with a question regarding the interest rate calculation on the assessment. Director of Public Works Matthys answered Mr. Albers question. There being no further public comment, Mayor Maguire turned the discussion back to the City Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Final Assessment Roll for Project 1077 (Northview Park Road, Lexington Avenue to Elrene Road, Braddock Trail, Diffley Road to Northview Park Road, Elrene Road, Dodd Road to Wescott Road - Street Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 City Council Meeting Minutes November 20, 2012 4 page OLD BUSINESS ORDINANCE AMENDMENT — AN ORDINANCE AMENDMENT TO CHAPTER 10.40 RELATIVE TO DECLARING BURNING BANS City Administrator Hedges introduced the item noting on October 16, 2012 the Eagan City Council approved a resolution to implement a temporary burn ban to include recreational fires based on information received from the Minnesota Department of Natural Resources. Hedges added on October 22, 2012, the DNR lifted all restrictions on recreational fires in Minnesota. On November 7, 2012 the City Council authorized staff to work with the City Attorney's office to amend the ordinance to allow the Fire Chief to have the authority to institute and remove a temporary burn ban which is based on direction from the Minnesota Department of Natural Resources. Fire Chief Scott gave a staff report and provided additional history on the ordinance amendment. Mayor Maguire opened the meeting for 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 an Ordinance Amendment to City Code Chapter 10.40 relative to declaring burning bans and to direct the City Attorney to publish the ordinance amendment. Aye: 5 Nay: 0 NEW BUSINESS REQUEST — PARAGON OUTLETS EAGAN, LLC /CITYOFEAGAN/ ECONOMIC DEVELOPMENT AUTHORITY Mayor Maguire introduced the item and provided a brief history of the Cedar Grove redevelopment and the City's roll in this process. City Administrator Hedges introduced the item noting the land use element is to approve a Preliminary Subdivision, Rezoning, Preliminary Planned Development and to approve a determination regarding consistency of the proposal used with the Comprehensive Guide Plan for the sale of publicly owned property. Hedges noted the Advisory Planning Commission recommended approval of the request at their October 23, 2012 meeting. City Planner Ridley gave a staff report and provided additional history on the request. Kelvin Antill, Development Partner and Salem LaHood, Design Partner with Paragon gave a presentation on the development and were available for questions. The Council discussed the development and had questions regarding pedestrian access, building appearance and parking. Mr. Antill responded to the questions. Mayor Maguire opened the meeting for 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 Preliminary Subdivision (Paragon Outlets at Cedar Grove) to create two lots and four outlots upon approximately 51 acres generally located southeast of Highway 13, between Highway 77 (Cedar Avenue) and Rahn Road, subject to the following conditions: Aye: 5 Nay: 0 City Council Meeting Minutes November 20, 2012 5 page 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, B3, C1, C2, D1 and E1 2. The property shall be platted. 3. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion /Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 4. The developer shall be responsible to maintain public drainage and utility easement over the existing sewer pipes within the development site until each relocation is complete. 5. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. In addition, fire department connections along with building wall hydrant connections shall be provided as required and approved by the City Fire Marshal. 6. The developer shall maintain the existing right -of -way of Cedar Grove Boulevard until such time as Xcel and Century Link have relocated their utilities. Thereafter, the developer must petition the City to vacate all easements that are impacted by the proposed development. 7. Prior to Final Subdivision approval, the City shall have entered into an agreement with Xcel for the relocation of the existing gas line. 8. The City shall have awarded the contract for the relocation of Cedar Grove Boulevard. 9. The developer shall obtain all outside agency permits as necessary for completion of the site improvements. 10. Tree mitigation requirements shall be fulfilled through a combination of upsizing landscape trees on site, installing off -site trees, and cash. 11. The applicant shall fulfill tree mitigation through the following: a. The applicant shall upsize the 105 landscape trees to be installed on site (per plan sheet L -1.1, Preliminary Landscape Plan) from 2.5" caliper to 4" caliper (single -stem deciduous trees), and from 6' height to 12' height (coniferous trees and multiple -stem deciduous trees). b. The balance of required tree mitigation shall be fulfilled by installing 29 Category A trees offsite; either at Outlot C (new city park) or in nearby Woodhaven Park, or provide a cash payment of $17,400. c. Fulfill item b above through a combination of trees and cash. 12. Park Dedication due for the development shall be satisfied by the dedication of Outlot C to the City for park purposes. 13. Trail Dedication due for the development shall be satisfied by the installation of the proposed 10' non - motorized trail on Cedar Grove Boulevard as depicted in the plan set dated Oct 3, 2012. 14. The development will be responsible for any Sewer Availability Charges (SAC) and Water Availability Charges (WAC) that may be due at the issuance of any building permit. 15. The maple trees lining the north side of Paragon Parkway adjacent to the surface parking lots shall be placed every 25' in accordance with CGD zoning district standards, and more trees added to provide full coverage if necessary. 16. Additional measures to enhance screening between the surface parking lots and all public rights -of- way, such as berming and shrub and perennial plantings, shall be employed and shown on the Final Landscape Plan. City Council Meeting Minutes November 20, 2012 6 page 17. The landscaped areas between the parking lots abutting public rights -of -way shall include landscaping in the form of berming, shrubs and perennials, to provide screening of the parking lots. 18. Parking lot islands shall be landscaped with materials that are salt tolerant and can withstand snow storage. Certain perennials, grasses, and deciduous or low- growing shrubs may be suitable. Woody plants and evergreen trees shall not be used in these areas. 19. The transformers and other similar ground equipment shall be screened by landscaping or a screen wall. 20. The City and developer shall coordinate the final selection of the pedestrian lights along the perimeter of the site to ensure compatibility with the City street lights that will be employed in the same area. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Rezoning from CGD to PD of the approximately 25 acres that is proposed Lot 1, Bock 1, Paragon Outlets. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Preliminary Planned Development for development of a retail outlet center upon approximately 25 acres that is proposed Lot 1, Bock 1, Paragon Outlets, subject to the following conditions: Aye: 5 Nay: 0 1. The property shall be subdivided and platted prior to Final Planned Development approval. 2. This Preliminary Planned Development allows a retail outlet center consisting of six buildings totaling approximately 442,000 gross square feet. 3. The developer shall execute a Preliminary Planned Development Agreement which includes the following plans. • Site Plan • Building Elevations • Site Lighting Plan • Landscaping Plan • Signage Plan 4. The Preliminary Planned Development Agreement shall be recorded against the property at the Dakota County Recorder's office within 60 days of City Council approval. 5. A Final Planned Development Agreement shall be executed for each phase of the development prior to issuance of a building permit for the phase. The following plans are necessary for each Final Planned Development Agreement: • Final Site Plan • Final Building Elevations • Final Site Lighting Plan • Final Landscaping Plan • Final Signage Plan 6. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion /Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 7. The developer shall be responsible to maintain public drainage & utility easement over the existing sewer pipes within the development site until each relocation is complete. City Council Meeting Minutes November 20, 2012 7 page 8. The developer shall obtain all outside agency permits as necessary for completion of the site improvements. 9. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. In addition, fire department connections along with building wall hydrant connections shall be provided as required and approved by the City Fire Marshal. 10. "No Parking Fire Lane" signs shall be posted along all through drives around the outside perimeter of the property, as well as both drives between the parking lot and buildings on the East and West sides of the property. Spacing of signs shall be 100 feet apart, in a form acceptable to the City Fire Marshal. Final plans for the sign design and placement of such signage shall be shown on the Site Plan at the time of Final Planned Development. 11. All emergency vehicle parking area shall be clearly marked "No Parking Fire Lane," and signed "Emergency Vehicle Parking Area Only." 12. In accordance with Section 2.78 of the City Code, building numbers shall be conspicuously displayed on the building, in a suitable location in an upper corner or near the building entrance so they can be clearly seen from the street and read during all hours of the day. The applicant should work with City staff on addressing plan for buildings and tenants so that specific locations are easily identifiable in case of emergency. 13. Tree mitigation requirements shall be fulfilled through a combination of upsizing landscape trees on site, installing off -site trees, and cash. 14. The applicant shall fulfill tree mitigation through the following: a. The applicant shall upsize the 105 landscape trees to be installed on site (per plan sheet L -1.1, Preliminary Landscape Plan) from 2.5" caliper to 4" caliper (single -stem deciduous trees), and from 6' height to 12' height (coniferous trees and multiple -stem deciduous trees). b. The balance of required tree mitigation shall be fulfilled by installing 29 Category A trees offsite; either at Outlot C (new city park) or in nearby Woodhaven Park, or provide a cash payment of $17,400. c. Fulfill item b above through a combination of trees and cash. 15. Park Dedication due for the development shall be satisfied by the provision of Outlot C to the City for park purposes. 16. Trail Dedication due for the development shall be satisfied by the installation of the proposed 10' non - motorized trail on Cedar Grove Boulevard as depicted in the plan set dated Oct 3, 2012. 17. Recyclables storage and pick -up should be relocated to the other designated services areas. 18. Prior to Final Planned Development approval, the developer shall provide the City with the Signage Design Manual for this development. A Sign Permit is required for all signs within the development, free - standing and building mounted. Only directional signs < 6 s.f. in area may be exempt from a sign permit. 19. Prior to Final Planned Development approval, a color and material palette shall be provided for City review and approval to determine if the color and texture contrasts in this area are adequate to achieve the appropriate level of differentiation to the building mass in this area. 20. Rooftop mechanical units shall be shown on the Building Elevations at the time of building permit, and placement of units 20' from the building edge, and minimum 30" parapet height shall be demonstrated. If these measures alone do not fully screen some equipment, additional screening measures shall be employed in accordance with City Code. 21. The maple trees lining the north side of Paragon Parkway adjacent to the surface parking lots shall be placed every 25' in accordance with CGD zoning district standards, and more trees added to provide full coverage if necessary. City Council Meeting Minutes November 20, 2012 8 page 22. Additional measures to enhance screening between the surface parking lots and all public rights -of- way, such as berming and shrub and perennial plantings, shall be employed and shown on the Final Landscape Plan. 23. The landscaped areas between the parking lots abutting public rights -of -way shall include landscaping in the form of berming, shrubs and perennials, to provide screening of the parking lots. 24. Parking lot islands shall be landscaped with materials that are salt tolerant and can withstand snow storage. Certain perennials, grasses, and deciduous or low- growing shrubs may be suitable. Woody plants and evergreen trees shall not be used in these areas. 25. The transformers and other similar ground equipment shall be screened by landscaping or a screen wall. 26. The City and developer shall coordinate the final selection of the pedestrian lights along the perimeter of the site to ensure compatibility with the City street lights that will be employed in the same area. 27. Where light levels exceed 1.0 footcandle at the property line, shields shall be utilized to reduce light spillover to not more than 1.0 footcandle. 28. The developer shall have entered into a Reciprocal Easement and operating agreement for the parking structure in a form acceptable to the City Attorney. 29. The developer shall have entered into an Encroachment and Maintenance Agreement, in a form acceptable to the City Attorney, for the maintenance of any plantings within public right -of -way. 30. The recycling areas shall be eliminated from the Paragon Parkway frontage on the south sides of Buildings E and F and shall not occur in designated emergency vehicle parking areas. Recyclables storage and pick -up shall be relocated to the other designated service areas. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges introduced Assistant City Administrator Miller, who gave an update on what occurred at the Metropolitan Airports Commission on Monday, November 19 with regard to proposed flight tracks at MSP airport. ADMINISTRATIVE AGENDA DIRECTOR OF PUBLIC WORKS Director of Public Works Matthys noted staff is requesting action by the Council as a follow up to the Council's approval of the preliminary plan development of Paragon Outlets. As part of the purchase agreement addressing the Paragon Outlets Redevelopment Plan for a portion of the core area of the Cedar Grove Redevelopment District, the current owner, the Economic Development Authority (EDA) /City of Eagan, has an obligation to provide clear title of the property to the purchaser, Paragon Outlets LLC. As such, the preparation of legal descriptions for vacating easements and right -of -way, quit claims, quit title process, and other associated technical services are needed to ensure clear title. Matthys continued staff believe it is in the EDA /City's best interest to have Alliant Engineering complete all of the necessary land surveying services related to the provision of clear title for the sale of the property to the developer, Paragon Outlets LLC. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Consulting Engineering Contract for Technical /Specialty Services with Alliant Engineering, Inc., and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 City Council Meeting Minutes November 20, 2012 9 page DIRECTOR OF COMMUNITY DEVELOPMENT Director of Community Development Hohenstein noted new construction is trending up and foreclosures are trending down. VISITORS TO BE HEARD Gary Torfin, 1291 Dunberry Lane, Paul Patyk, 1287 Dunberry Lane, Bill Edwards, 1284 Dunberry Lane and Maureen Sorensen addressed the Council individually regarding airplane flight paths and airplane noise. Mayor Maguire suggested they follow up with Assistant City Administrator Miller for more detailed information. ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 8:25 p.m. Aye: 5 Nay: 0 Date ,IIVVV � Mayor Clerk