Loading...
01/02/2013 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JANUARY 2, 2013 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Teresa Eisele and several neighbors addressed the Council regarding a petition to approve plowing of the sidewalk on the south side of Diffley Road between Daniel Drive and Trenton Road, including the intersection of Braddock Trail. The Council discussed the request noting the concerns of the neighborhood. Mayor Maguire noted all petitions for snow plowing are reviewed and considered in April and presented at the workshop meeting in May for a decision. It was the consensus of the Council that this petition should be reviewed at the May Council workshop. A regular meeting of the Eagan City Council was held on Wednesday, January 2, 2013 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, Director of Finance Pepper, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Assistant City Engineer Nelson, Communications Director Garrison, Director of Parks and Recreation Johnson, Fire Chief Scott, Police Chief McDonald, and Executive Assistant Stevenson. AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION The Oath of Office was administered to Councilmember Cyndee Fields and Meg Tilley who were re- elected to four year terms. 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 December 11, 2012. B. Personnel items It was recommended to approve the hiring of Patrol Officers Bryan Johnson and Daniel Spiess. It was recommended to accept the resignation of Calvin Tschida, Patrol Officer, effective January 4, 2013, and authorize his replacement. It was recommended to approve a one -time 2012 stipend for the full time Lead Custodian /Maintenance Worker at City Hall. 4. It was recommended to approve the reclassification of the IT Network Administrator. 5. It was recommended to approve the hiring of seasonal employees in Parks & Recreation and Utilities. C. It was recommended to approve Check Registers dated December 14 & 21, 2012. City Council Meeting Minutes January 2, 2013 2 page D. It was recommended to approve change of manager for Granite City's On -Sale Liquor License and Off -Sale Brewpub License. E. It was recommended to direct preparation of an ordinance amendment to Chapter 7 relative to Special Event Permits. F. It was recommended to approve an agreement with Suburban Officials Association to provide officiating services for Eagan Parks and Recreation adult basketball leagues. G. It was recommended to approve an agreement with Metro Volleyball Officials Association to provide officiating services for Eagan Parks & Recreation adult volleyball leagues. H. It was recommended to approve an agreement with Diamond Officials of Eagan Umpires Association to provide officiating services for Eagan Parks & Recreation adult softball leagues. I. It was recommended to authorize application of grant from the Minnesota Department of Agriculture for a Value Added Grant to provide enhancements to the Central Park Festival Grounds as part of Market Fest. J. It was recommended to authorize application of a grant from Blue Cross & Blue Shield of Minnesota for a Streets Alive (Open Streets) community event. K. Item removed L. Item removed M. Item removed N. It was recommended to approve the Final Payment for Contract 12 -11, 2012 Citywide Trail Improvements. 0. It was recommended to approve an Agreement to Use Residential Electrical Service (for Lake Aeration). P. It was recommended to approve the 2013 -2017 Equipment & Vehicles Capital Improvement Plan and the 2013 budget. Q. It was recommended to approve the 2013 -2017 General Facilities Renewal & Replacement Capital Improvement Plan and 2013 budget. R. It was recommended to approve On -Sale Liquor License for iBizPro, LLC, DBA as Persis Indian Grill, 1282A Town Centre Drive. PUBLIC HEARINGS PROJECT 1112, WENZEL FIRST ADDITION / DEERWOOD PONDS STREET & UTILITY IMPROVEMENTS City Administrator Hedges introduced the item noting Project 1112 provided for street improvements on Wenzel First Addition /Deerwood Ponds. Public Works Director Matthys introduced Assistant City Engineer Nelson, who gave a staff report 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 Bakken seconded a motion to approve Project 1112 (Wenzel First Addition /Deerwood Ponds — Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 City Council Meeting Minutes January 2, 2013 3 page PROJECT 1098, WEXFORD /WEXFORD 2ND STREET IMPROVEMENTS City Administrator Hedges introduced the item noting Project 1098 provided for street improvements on Wexford /Wexford 2nd. Assistant City Engineer Nelson gave a staff report on the project. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve Project 1098 (Wexford /Wexford 2nd — Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 1104, OAK RIDGE FAMILY HOUSING (CLEMSON DRIVE) STREET IMPROVEMENTS City Administrator Hedges introduced the item noting Project 1104 provided for street improvements at Oak Ridge Family Housing (Clemson Drive). Assistant City Engineer Nelson gave a staff report on the project. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve Project 1104 (Oak Ridge Family Housing /Clemson Drive — Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 1107, PARK CENTER DRIVE STREET IMPROVEMENTS City Administrator Hedges introduced the item noting Project 1107 provided for street improvements on Park Center Drive. Assistant City Engineer Nelson gave a staff report on the project and noted a petition for restricted parking was received from residents in the immediate area. . Council discussed the request for restricted parking. The Council directed staff to review parking restrictions and provide more information /clarification at a future meeting. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve Project 1107 (Park Center Drive — Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 City Council Meeting Minutes January 2, 2013 4 page PROJECT 1113, NORVIN OAKS STREET IMPROVEMENTS City Administrator Hedges introduced the item noting Project 1113 provides for the street improvements on Norvin Oaks. Assistant City Engineer Nelson gave a staff report on the project Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve Project 1113, (Novin Oaks - Street Improvements) as presented and authorized the preparation of detailed plans and specifications. Aye:5 Nay:0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT — INLAND TRS PROPERTY MANAGEMENT, INC. (LOTS 4 & 5, DIFFLEY MARKETPLACE 2ND ADDITION) City Administrator Hedges introduced the item noting the Advisory Planning Commission held a Public Hearing on December 20, 2012 and is recommending approval. City Planner Ridley gave a staff report and additional history on the project. Rick Plessner with Inland TRS Property gave an overview of the request and was available for questions. The Council discussed the item. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. After further discussion, it was the consensus of the Council to add conditions to the Preliminary Planned Development and the Final Planned Development relative to: • Allowing on -sale liquor, subject to the City approving a liquor license, for the future restaurant on Lot 4 irrespective of whether a daycare center locates on Lot 5. • The applicant shall prepare and implement a plan for screening of headlights for benefit of 977 Trillium Court, to the satisfaction of City staff. The implementation of said plan shall be completed before June 1, 2013. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve an Amendment to the Preliminary Planned Development to allow a full- service restaurant with outdoor dining upon Lot 4, Block 1, and a multi- tenant retail building upon Lot 5, Block 1, Diffley Marketplace 2nd Addition, subject to the following conditions as amended: Aye: 5 Nay: 0 1. A Final Planned Development Agreement shall be executed for each lot. The following plans are necessary for the Final Planned Development Agreement: 1. Final Site Plan 2. Final Building Elevations City Council Meeting Minutes January 2, 2013 5 page 3. Final Site Lighting Plan 4. Final Landscaping Plan 5. Final Signage Plan 2. Final Planned Development approval for each building. Each Final Planned Development application will require a Site Plan Review by the City Council. 3. Uses permitted within the NB zoning district shall be permitted within the retail building upon Lot 5. Any daycare use shall be subject to Planned Development Amendment. 4. Development of Lots 4 and 5 shall be subject to the minimum setback requirements in the NB zoning district, except that any proposed buildings shall be set back a minimum of 50 feet from the south property line, and parking may be set back 15 feet from Diffley Road. 5. The trash enclosures shall meet the 30 -foot setback from the south property line. 6. Consideration should be given to possible relocation of the patio at the time of Final Planned Development. 7. Outdoor patio dining shall not exceed 24 total seats and shall be subject to building permit, SAC determination and Site Plan approval by City staff. 8. The developer shall provide evidence of existing cross - easements for ingress /egress and parking in a form acceptable to the City Attorney. 9. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City Codes and engineering standards, guidelines and policies. 10. The development should utilize fixtures to match the existing site lighting. The Final Site Lighting Plan for Lots 4 and 5 should be revised to provide better consistency in illumination with an average to minimum footcandle ratio within the parking lots of closer to 4. 11. One monument sign shall be permitted for each building, in accordance with City Code requirements. 12. The Landscape Plan shall be revised for the PD Agreement to include the detail planting specifications, and to fully screen the transformer units. 13. A financial guaranty for landscaping shall be provided in accordance with City Code requirements. 14. Rooftop mechanical equipment shall be screened in accordance with City Code standards. 15. The architecture and exterior finish materials for this building should match the other two buildings. 16. Awnings on the retail buildings on Lot 5 shall be a canvas or Sunbrella material and shall not be illuminated and shall contain no signage. 17. Hours of operation for commercial businesses shall be restricted to between 6:00 a.m. and 12:00 a.m. (midnight). 18. Construction operations shall cease at 9:00 pm. 19. Parks and trails dedications shall be fulfilled through cash dedication, payable at the time of building permit issuance at the rates then in effect. 20. An overall green space calculation shall be provided for the entire Diffley Marketplace development. 21. Subject to the approval by the City of the granting of a liquor license, the City agrees to permit a restaurant on Lot 4 with on -sale liquor whether a daycare center locates on Lot 5 prior to or after issuance of a liquor license for Lot 4. 22. The applicant shall prepare and implement a plan for screening of headlights for benefit of 977 Trillium Court, to the satisfaction of City staff. The implementation of said plan shall be completed before June 1, 2013. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Final Planned Development for a multi- tenant retail building upon Lot 5, Block 1, Diffley Marketplace 2nd Addition, subject to the following conditions as amended: Aye: 5 Nay: 0 City Council Meeting Minutes January 2, 2013 6 page 1. A Final Planned Development Agreement shall be executed for each lot. The following plans are necessary for the Final Planned Development Agreement: • Final Site Plan • Final Building Elevations • Final Site Lighting Plan • Final Landscaping Plan • Final Signage Plan 2. Final Planned Development approval for each building. Each Final Planned Development application will require a Site Plan Review by the City Council. 3. Uses permitted within the NB zoning district shall be permitted within the retail building upon Lot 5. 4. Development of Lots 4 and 5 shall be subject to the minimum setback requirements in the NB zoning district, except that any proposed buildings shall be set back a minimum of 50 feet from the south property line, and parking may be set back 15 feet from Diffley Road. 5. The trash enclosures shall meet the 30 -foot setback from the south property line. 6. Consideration should be given to possible relocation of the patio at the time of Final Planned Development. 7. Outdoor patio dining shall not exceed 24 total seats and shall be subject to building permit, SAC determination and Site Plan approval by City staff. S. The developer shall provide evidence of existing cross - easements for ingress /egress and parking in a form acceptable to the City Attorney. 9. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City Codes and engineering standards, guidelines and policies. 10. The development should utilize fixtures to match the existing site lighting. The Final Site Lighting Plan for Lots 4 and 5 should be revised to provide better consistency in illumination with an average to minimum footcandle ratio within the parking lots of closer to 4. 11. One monument sign shall be permitted for each building, in accordance with City Code requirements. 12. The Landscape Plan shall be revised for the PD Agreement to include the detail planting specifications, and to fully screen the transformer units. 13. A financial guaranty for landscaping shall be provided in accordance with City Code requirements. 14. Rooftop mechanical equipment shall be screened in accordance with City Code standards. 15. The architecture and exterior finish materials for this building should match the other two buildings. 16. Awnings on the retail buildings on Lot 5 shall be a canvas or Sunbrella material and shall not be illuminated and shall contain no Signage. 17. Hours of operation for commercial businesses shall be restricted to between 6:00 a.m. and 12:00 a.m. (midnight). 18. Construction operations shall cease at 9:00 pm. 19. Parks and trails dedications shall be fulfilled through cash dedication, payable at the time of building permit issuance at the rates then in effect. 20. Subject to the approval by the City of the granting of a liquor license, the City agrees to permit a restaurant on Lot 4 with on -sale liquor whether a daycare center locates on Lot 5 prior to or after issuance of a liquor license for Lot 4. City Council Meeting Minutes January 2, 2013 7 page 21. The applicant shall prepare and implement a plan for screening of headlights for benefit of 977 Trillium Court, to the satisfaction of City staff. The implementation of said plan shall be completed before June 1, 2013. PLANNED DEVELOPMENT AMENDMENT — PREFERRED EAGAN, LLC City Administrator Hedges introduced the item noting the application for a Planned Development Amendment for Walgreens located at 2010 Cliff Road was before the Advisory Planning Commission on December 20, 2012 and they are recommending approval. City Planner Ridley gave a staff report and additional history on the project. Julie Perrus, attorney on behalf of Preferred Eagan, gave a brief overview of the request and was available for questions. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to expand the allowable uses for a 12,544 square foot commercial retail building (Walgreen's) located at 2010 Cliff Road, 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 prior to issuance of a building permit. Proof of recording shall be provided to the City. 2. This Amendment to the Planned Development provides for additional uses and future re -use of the property as follows: • Permitted uses shall include uses listed as permitted uses within the NB or CSC zoning district, subject to compliance with typical City Code standards for parking, signage, licensing, etc. • A Planned Development Amendment shall be required for the following: a. Any uses listed as conditional uses in the NB or CSC zoning district (such as any drive - through facility; daycare; on -sale liquor; carwashes, motor fuel sales, convenience stores, motor vehicle repair, animal clinics, nursing /retirements homes, coffee kiosks, etc. ). b. Reuse of the drive -thru window for anything other than a pharmacy. c. Any site modifications or physical changes to the site or building. 3. This Amendment is intended to supplement and amend any existing Planned Development Agreements. All other provisions of the existing Agreements shall remain in effect. PLANNED DEVELOPMENT AMENDMENT —GOOD TIMES PARK, INC. City Administrator Hedges introduced the item noting the Advisory Planning Commission held a Public Hearing on December 20, 2012 and is recommending approval. City Planner Ridley gave a staff report and additional history on the project. Bonnie O'Meara, applicant and owner was available for questions. City Council Meeting Minutes January 2, 2013 8 page Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to allow an indoor commercial recreation use for a portion of the building located at 3265 Northwood Circle, subject to the following conditions: Aye: 5 Nay: 0 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plans are required for the Agreement: • Site Plan • Parking Plan • Floor Plan 2. The recreation use shall only occupy the area designated on the Site Plan received December 6, 2012, which equates to approximately 53% of the entire building. 3. A Sign Permit is required prior to installation of any sign, and signage is subject to all other requirements of the City Code. 4. All other terms of the Planned Development Agreement dated June 5, 2012 and recorded on July 17, 2012 as document number 2880904 shall remain. 5. The cul -de -sac shall be posted no parking. 6. Additional landscaping shall be installed along the north side of the storage area to provide additional screening from the adjacent property per the conditions of the April 3, 2012 Rezoning and Final Planned Development approval. 7. The widening of the concrete entrance apron of Northwood Circle and the service driveway curb, and associated catch basin structure relocations, shall be completed in accordance with City engineering standards prior to any increase in outdoor storage. 8. A City permit to work in the right -of -way shall be obtained for the proposed work in Northwood Circle prior to any increase in outdoor storage. A City grading permit is required if the parking lot and service drive modifications exceed 10,000 square feet in construction disturbance. CONDITIONAL USE PERMIT — KWIK TRIP City Administrator Hedges introduced the item noting the Advisory Planning Commission held a Public Hearing on December 20, 2012 and is recommending approval. City Planner Ridley gave a staff report and additional history on the project. Brian Novy representing Kwik Trip gave an overview of the request and was available for questions. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Conditional Use Permit to allow outside storage of tanks for Compressed Natural Gas (CNG) and Diesel Exhaust Fluid (DEF) for property at 3145 Dodd 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, and proof of recording submitted to the City. City Council Meeting Minutes January 2, 2013 9 page 2. The applicant shall revise the Site Plan to add two additional gates on each end of the fenced area to allow Fire access from all angles. 3. The two tanks for compressed natural gas and diesel exhaust fluid shall be of the size and located as shown on the Site Plan received December 6, 2012 (as revised). 4. The landscaping shall be installed by June 1, 2013 per the Site Plan (as revised). 5. The fence surrounding the tanks shall terminate at grade with no opening between the bottom of the fence and the ground /gravel. 6. All signage shall meet City Code requirements. 7. The applicant shall obtain a Building Permit for the proposed improvements. ADMINISTRATIVE AGENDA DIRECTOR OF PUBLIC WORKS Director of Public Works Matthys requested clarification regarding the Council direction to have staff review streets within the City that are adjacent to mixed land uses such as commercial / industrial, and residential and determine the types of scenarios and the options for restricting parking. Mayor Maguire suggested that staff look at the classification of roads in areas with commercial versus residential uses and determine whether or not those classifications are appropriate (i.e. parking would be based on the more restrictive land use). There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 8:15 p.m. Aye:5 Nay:0 a -1q -13 Date /1 �'� �.!!'v ��