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03/19/2013 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota MARCH 19, 2013 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Hansen and Tilley. Councilmember Fields was absent. A regular meeting of the Eagan City Council was held on Tuesday, March 19, 2013 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Hansen, and Tilley. Also present were Assistant City Administrator Miller, Director of Finance Pepper, Director of Community Development Hohenstein, Director of Public Works Matthys, Communications Director Garrison, Police Chief McDonald, Recreation Supervisor Phillips, and Executive Assistant Stevenson. AGENDA Mayor Maguire initiated a moment of silence to acknowledge former Councilmember Ted Wachter who passed away on March 13, 2013. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye:4 Nay:0 RECOGNITIONS AND PRESENTATION OPEN TO BUSINESS PROGRAM Acting City Administrator Miller introduced the program noting in cooperation with the Dakota County CDA and other Dakota County cities, Eagan has contracted with the Metropolitan Consortium of Community Developers, a non - profit agency that provides business counseling services and access to capital, to offer the Open to Business Program in Dakota County communities. Director of Community Development Hohenstein introduced Laurie Crow, with MCCD Open to Business Program who gave a presentation on the Open to Business Program. CONSENT AGENDA Acting City Administrator Miller noted the addition of Consent Agenda item Q. Final Subdivision and Final Planned Development (Paragon Addition) — City of Eagan /Eagan EDA /Paragon Outlets Eagan, LLC. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as modified. Aye: 4 Nay: 0 A. It was recommended to approve the minutes of March 5, 2013. B. There were no personnel items. C. It was recommended to approve check registers dated March 1 and 8, 2013. D. It was recommended to approve an agreement allowing HealthEast Transportation to continue to house two ambulances at fire stations. E. Item removed F. It was recommended to request Municipal State Aid Designation. City Council Meeting Minutes March 19, 2013 2 page G. It was recommended to acknowledge Completion and Authorize City Maintenance of various City Projects associated with Private developments H. It was recommended to approve Temporary Liquor License for Twin Cities Goodtime Softball League on May 25 and 26, 2013. I. It was recommended to approve On -Sale Beer, Wine and Sunday Wine Licenses for The Noodle Shop Co. — Colorado, Inc. DBA Noodles and Company, 2000 Rahncliff Court Suite 100 J. It was recommended to approve Exempt Permit for the Red Pine Parent Teacher Organization to hold a raffle on May 2, 2013. K. It was recommended to approve Exempt Permit for the Pinewood Parent Teacher Organization to hold a raffle on April 19, 2013. L. It was recommended to declare bicycles, unclaimed property and miscellaneous City property to be surplus. M. Item removed N. It was recommended to approve a Resolution to accept a grant for Blue Cross & Blue Shield of Minnesota for a Streets Alive (Open Streets) community event on September 15, 2013. 0. It was recommended to authorize staff to seek bids for an equipment /transport vehicle. P. It was recommended to approve Xcel Energy Pipeline Relocation Agreement — Cedar Grove Boulevard (City Project No. 1088). Q. It was recommended Final Subdivision and Final Planned Development (Paragon Addition) - City of Eagan /Eagan EDA /Paragon Outlets Eagan, LLC. Mayor Maguire asked for an update on Items P and Q. Kelvin Antill with Paragon Outlets gave a brief overview on the progress of the development. Mayor Maguire noted Item N is a resolution to accept a grant for Blue Cross & Blue Shield of Minnesota for a Streets Alive community event. Recreation Supervisor Phillips gave an overview of the event. PUBLIC HEARINGS LOTS 5 -8, BLOCK 5, EAGANDALE CENTER INDUSTRIAL PARK DRAINAGE & UTILITY EASEMENT VACATION Acting City Administrator Miller introduced the item noting on February 8, 2013, City staff received a petition from Mr. Mike DiNanno, representing Chicago Tube & Iron Co., requesting the vacation of public drainage and utility easements on the current Chicago Tube & Iron site. Director of Public Works Matthys gave a staff report. 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 close the public hearing for the vacation of public drainage and utility easements located on Lots 5 -8, Block 5, Eagandale Center Industrial Park. Aye: 4 Nay: 0 City Council Meeting Minutes March 19, 2013 3 page LOT 9, BLOCK 1, LETENDRE ADDITION NO.3 DRAINAGE & UTILITY EASEMENT VACATION Acting City Administrator Miller introduced the item noting on January 17, 2013, City staff received a petition from Mr. Grant D. Jacobson, representing Dakota County Community Development Agency, requesting the vacation of public drainage and utility easements on the former Richfield Blacktop site. The parcel is included as part of the proposed Riverview Ridge Family Housing development along the east side of Highway 13. Director of Public Works Matthys gave a staff report. 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 the vacation of public drainage and utility easements located on Lot 9, Block 1, Letendre Addition No. 3, and authorize the Mayor and City Clerk to execute all related documents. Aye: 4 Nay: 0 CEDAR GROVE REDEVELOPMENT AREA EASEMENT VACATIONS Acting City Administrator Miller introduced the item noting on June 5, 2012, the City Council adopted the 5 -year Capital Improvement Plan for Public Works Infrastructure, Part III. The reconstruction /realignment of Cedar Grove Boulevard, including utility relocations, was included as part of this approved CIP. Also, in conjunction with the overall redevelopment of the Cedar Grove Redevelopment Area, a petition to vacate other miscellaneous and no- longer- needed public easements in the area had also been prepared and submitted for Council consideration. Director of Public Works Matthys gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the vacation of public easements located in the Cedar Grove Redevelopment Area and authorize the Mayor and City Clerk to execute all related documents. Aye: 4 Nay: 0 VARIANCE —TODD GELLER (EAGAN CONVENIENCE CENTER, 1380 DUCKWOOD DRIVE) Acting City Administrator introduced the item noting the site was developed in 1986 with a multi - tenant retail commercial building and a CUP for a pylon sign was approved at that time. The property is located at 1380 Duckwood Drive and they are seeking a variance to increase the total pylon sign area. City Planner Ridley gave a staff report and provided additional information on the request noting in 1994, a variance was approved allowing an increase in the total sign area from the code required maximum of 125 s.f., per side, to a 144 s.f. The applicant is proposing another 18" x 8' sign panel, adding 12 s.f. to the existing pylon sign area bringing the total pylon sign area to 156 s.f. Ridley noted staff has concerns about the precedent that an additional variance may set for other pylon signs. The applicant, Todd Geller, gave a summary of the request and was available for questions. City Council Meeting Minutes March 19, 2013 4 page Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmembers discussed the request. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a Variance to increase the total pylon sign area to 156 s.f., adding one 12 s.f. tenant panel, upon property located at 1380 Duckwood Drive, 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. A Sign Permit is required prior to installation of the new sign panel. 3. The total pylon sign area shall not exceed 156 s.f. per side. After further discussed, Council directed staff to review the Sign Ordinance with the Advisory Planning Commission and bring back for consideration at a future City Council workshop. OLD BUSINESS AN ORDINANCE AMENDMENT TO CITY CODE CHAPTERS 2, 5 AND 6 RELATIVE TO CRIMINAL BACKGROUND INVESTIGATIONS FOR PERSPECTIVE EMPLOYEES AND BUSINESS LICENSING Acting City Administrator Miller introduced the item noting the Minnesota Bureau of Criminal Apprehension collects and stores criminal history data on individuals. The BCA requires all cities that use its information for background investigations to approve an ordinance allowing the use of the BCA's data and specifying how it will be used. The BCA and League of Minnesota Cities developed a model ordinance for cities adopt to meet this requirement. Police Chief McDonald was available for questions. 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 Ordinance Amendments to City Code Chapters 2, 5 and 6 relative to criminal background investigations for perspective employees and business licensing and direct the City Attorney to publish the ordinance amendment summary of Chapter 2 and the amendments to Chapters 5 and 6. Aye: 4 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, PRELIMINARY PLANNED DEVELOPMENT AND FINAL PLAT— DAKOTA COUNTY CDA Acting City Administrator Miller introduced the item noting there are four actions being sought as part of the Riverview Ridge Townhomes proposed by the Dakota County CDA. The Comprehensive Guide Plan Land Use Amendment, Rezoning, and Preliminary Planned Development have been recommended for approval by the Advisory Planning Commission. City Council Meeting Minutes March 19, 2013 5 page City Planner Ridley gave a staff report. The applicant, Kari Gill with Dakota County CDA, gave a brief summary of the revised site plan noting that a basketball court area was added for additional recreation space. Ms. Gill was available for questions. The Council discussed the request with specific concerns regarding the private drive to the south. Mayor Maguire opened the meeting for public comment. Paul Streveler, 3250 Sibley Memorial Highway; addressed the Council noting his property is the adjoining property where the pedestrian connection will be located. Mr. Streveler noted he has met with Ms. Gill and she is currently working to change the easement, as requested. Ken Damlo, 4747 Hauge Circle, spoke on behalf of MICAH (Metropolitan Interfaith Council on Affordable Housing) noting their support of the proposal. There being no further public comment, Mayor Maguire turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion implement a Comprehensive Guide Plan Land Use Amendment that would change the land use designation from HD (High Density), to MD (Medium Density) for approximately 2.1 acres, to allow for a 27 -unit townhome development upon property located at 3160 and 3170 Sibley Memorial Highway. Aye: 4 Nay: 0 Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Rezoning from R -4, Residential Multiple and R -2, Residential Double to PD, Planned Development for a residential townhome development upon approximately 4.3 acres legally described as Lot 9, Block 1, Letendre Addition No. 3 and part of Government Lot 3, Section 9, Township 27, Range 23. Aye: 4 Nay: 0 Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve a Preliminary Planned Development consisting of 27 townhome dwelling units upon a 4.3 acre site legally described as Lot 9, Block 1, Letendre Addition No. 3 and part of Government Lot 3, Section 9, Township 27, Range 23, subject to the following revised conditions: Aye: 4 Nay: 0 1. The owner and /or developer shall enter into a written Planned Development Agreement with the City. The Agreement shall be executed and recorded with the County Recorder's office prior to issuance of a building permit. The following exhibits are necessary for the PD Agreement. • Final Site Plan • Final Building Elevations (including Gazebos) • Final Landscape Plan • Final Site Lighting Plan • Final Signage Plan 2. The Planned Development shall have a 5 -year term. 3. The construction of the townhome units shall meet the sound attenuation requirements per the Metropolitan Council Transportation Policy Plan. 4. The applicant shall protect the preserved woodlands and individual tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved on- site. City Council Meeting Minutes March 19, 2013 6 page 5. The applicant shall contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 6. The Development shall be responsible for installing on -site recreational amenities as depicted of the approved Site Plan. A 25% credit towards the park dedication shall be granted for compliance. 7. The Development shall be responsible for a cash park dedication equivalent to 75% of a full cash dedication, assuming installation of the recreational amenities. 8. The Development shall be responsible for a cash trails dedication. 9. 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. 10. The first one -half inch of storm water runoff from any rainfall event shall be infiltrated or retained entirely on the site. At the City's discretion, new infiltration of the equivalent runoff volume can be accomplished by the applicant elsewhere within the same city sub - drainage district. 11. There shall be no -net increase, compared to existing conditions, in the amount of Total Phosphorus (TP) and Total Suspended Solids (TSS) leaving the site. 12. This development's storm water facilities shall maintain predevelopment runoff rates for the 50%/24 -hour storm, the 10%/24 -hour storm, and the 1%/24 -hour storm. 13. The applicant shall design and construct an effective retention /infiltration basin area immediately north of this parcel (1650 Four Oaks Road), within the public drainage and utility easement, of sufficient size and capacity that could provide for the balance of the retention volume (1,911 cubic feet balance) needed to total 2,675 cubic feet of retention of impervious runoff. 14. The applicant shall provide the City with a soil- boring log below each proposed infiltration basin area, with data to a minimum of 6' below the lowest excavated elevation, prior to the commencement of site - grading. If the soil- boring log indicates incompatibility with soil permeability for the submitted and reviewed design plans, the applicant shall revise the design and /or construction plans to ensure §433 requirements for volume control are met. 15. The applicant shall provide adequate pre- treatment (street -side catch -basin sumps, forebays, etc.) to provide for capture and easily- accessible cleanout of fine -sand sized particles for all stormwater facilities that receive direct impervious runoff. 16. The applicant shall provide the City as -built plans that demonstrate constructed stormwater facilities conform to design and /or construction plans, as approved by the City. As -built volumes for retention shall be provided for all stormwater retention facilities. 17. The applicant shall be responsible for annual inspection and maintenance of the stormwater management features and for providing the City documentation of these activities. 18. The applicant shall be responsible for acquiring all outside agency permits, including MN Department of Transportation permit for the proposed access to Highway 13, and any work within the Highway 13 right -of -way. The applicant shall be responsible for any conditions of MnDOT permit, including the construction of a right -turn lane into the development, if required. 19. The monument sign shall meet City Code requirements. 20. The Site Plan I(ey -r.h;;Il he revired to ideRtify 1:7 guest parki-, ­.-the plan. City Council Meeting Minutes March 19, 2013 7 page 21. The rain gardens shall be installed by the developer according to the guidance of the MN Pollution Control Storm Water Manual, and overseen and inspected by City staff at time of installation. Also, the developer shall enter into a maintenance agreement, in a form acceptable to the City Attorney, providing for the long -term maintenance of these rain gardens. 22. The applicant shall submit a revised Lighting Plan to provide uniform lighting (average -to- minimum uniformity ratio not greater than 4:1), lighting of the back patios, within the tot lot areas and along the trails. 23. The applicant shall install No Parking Fire Lane signs on both sides of the private street, with spacing to be every 100 feet apart, in a form acceptable to the City Fire Marshal. 24. The appliGant shall Fevise the Site Plan te FeleGate the four parking stall-s fre.m. Building S. The parking stalls shall meet the 10, width r en+ 25. The rp-�.dsp-d- Site Plan shall iRGIude a Fnedofied re-u-1-d-pe-sar- that meets the 96' diameter required peF the !RteFRatieRal FiFe Code. The paFI(ing stalls IeGated eff ef the cul de saG shall meet full depth r icemen +r A- f -I Q_' Memeriel u,.,., 27. The applicant shall consult with City Staff and the Fire Department with restricting access to the private easement. 28. The applicant shall consult with the City Forester regarding tree conditions on the hillside. 29. The plans shall be revised to remove reference to "Inver Hills Family Townhomes Inver Grove Heights, MN ". 30. The Site Plan key shall be revised to identify 27 units per the plan along with the revised impervious and building coverage area. 31. The applicant shall install No Parking signs on the south hammerhead, in a form acceptable to the City Fire Marshal. 32. The retaining wall on the south end of the property shall not be located within the drainage and utility easement. 33. The applicant shall work with the property owners to the south to modify the existing private driveway easement to eliminate any benefit to the Riverview Ridge development of the use of the driveway for vehicular traffic. 34. The applicant shall develop the property in accordance with Site Plan dated February 11, 2013, with latest revisions dated February 22, 2013. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Final Plat (Riverview Ridge Family Housing Addition) to create one lot consisting of 4.3 acres. Aye: 4 Nay: 0 NEW BUSINESS There is no new business to be heard. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There is no legislative /intergovernmental affairs update to be heard. City Council Meeting Minutes March 19, 2013 8 page ADMINISTRATIVE AGENDA CITY COUNCIL COMMENTS Councilmember Bakken noted in a recent Pioneer Press article he read that Surly Brewery was still looking for a site for a new expanded brewery and tapper and suggested maybe there would be an opportunity for them in the Paragon development. Councilmember Bakken noted that he has been designing a prototype, which he has shared with City staff, that could possibly work to solve the issue of not needing to remove outdoor water meters for the winter, and asked the Council's permission to do a field test with the prototype on an existing City owned outdoor water meter. The Council discussed the request and agreed it was worth testing. Councilmember Tilley noted if there are any cost incurred testing the prototype, Councilmember Bakken should be responsible for those costs. DIRECTOR OF COMMUNITY DEVELOPMENT Director of Community Development Hohenstein noted in anticipation of the Paragon applications, the City's Building Inspections Department has been conversing with building inspectors at Livermore and Grand Prairie to find out what the process was like when Paragon was building in those locations. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 8:21 p.m. Aye: 4 Nay: 0 I./. ;�- Date OVIC I L Mayor