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06/04/2013 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JUNE 4, 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. A regular meeting of the Eagan City Council was held on Tuesday, June 4, 2013 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 Osberg, Assistant City Administrator Miller, Director of Community Development Hohenstein, Director of Public Works Matthys, City Planner Ridley, Communications Director Garrison, Director of Parks and Recreation Johnson, Fire Chief Scott, Police Chief McDonald and Executive Assistant Stevenson. AGENDA City Administrator Osberg noted Item M. was to be pulled from the Consent Agenda, and two additions to be made to the Consent Agenda included Item B. Personnel Items —To accept the resignation of Holly I<imiani, and Item S. - to approve a Second Amendment to Special Events Agreement between the City of Eagan and CSM for the 4th of July Funfest. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as amended. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentation. CONSENT AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent Agenda as amended: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of May 14 and 21, 2013. B. Personnel Items 1. It was recommended to approve the hiring of Patrol Officers Peter Meyer and Joshua Sannes. 2. It was recommended to approve the hiring of seasonal employees in Parks & Recreation, Finance, Streets and Utilities. 3. It was recommended to accept the resignation of Holly Kimani, Utility Billing /Special Assessment Clerk and authorize her replacement. C. It was recommended to approve check register dated May 17, 2013. D. It was recommended to approve a resolution adopting and authorizing implementation of the performance measures developed by the Council on Local Results and Innovation. E. It was recommended to authorize Submittal of Comments regarding HOPE Application for CDA Workforce Townhome Project on Jurdy Road. F. It was recommended to accept the Clean Water Partnership Grant for the Blackhawk Lake Protection Project. City Council Meeting Minutes June 4, 2013 3 page Inc. on April 23, 2013, to allow the construction of a car wash facility. Public Works Director Matthys gave a staff report. The Council discussed the request. 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 a portion of a public drainage and utility easement located on Lot 1, Block 1, Mari Acres 2nd Addition and authorize the Mayor and Deputy City Clerk to execute all related documents, and to record the dedication documents together with the replacement easement granted by the property owner. Aye:5 Nay:O OLD BUSINESS MASSAGE THERAPY LICENSES — CONSIDER THE FINDINGS OF THE HEARING OFFICER REGARDING THE MASSAGE THERAPY ESTABLISHMENT LICENSE FOR HEAVENLY ASIAN MASSAGE, 4215 NICOLS ROAD, AND THE MASSAGE THERAPIST LICENSE FOR YANG YU City Administrator Osberg introduced the item noting the Council will be asked to consider approving a resolution accepting the administrative hearing officer's Findings of Fact regarding the massage therapy license establishment and the message therapists license of Yang Yu, or direct staff to prepare a resolution rejecting the administrative hearing officer's Findings of Fact for the establishment license and /or the massage therapist license. Osberg also provided additional background information on the proposed violations. Assistant City Administrator Miller was available for questions. The Council discussed the licenses. It was the consensus of the Council to forgo any public comment. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a resolution accepting the administrative hearing officer's Findings of Fact and recommendation in the matter of the Massage Therapy Establishment License of Julio Alaniz DBA Heavenly Asian Massage. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a resolution accepting the administrative hearing officer's Findings of Fact and recommendation in the matter of the Massage Therapy License of Yang Yu. Aye: 5 Nay: 0 ORDINANCE AMENDMENT —AN ORDINANCE AMENDMENT TO CITY CODE CHAPTER 6 (MASSAGE THERAPY REGULATIONS) TO REQUIRE MASSAGE THERAPISTS AND MASSAGE THERAPY ESTABLISHMENTS TO POST THERAPIST AND ESTABLISHMENT LICENCES ON- PREMISE City Administrator Osberg introduced the item noting the Council will be asked to consider amending the City Code to require massage therapists and massage therapy establishments to post therapist and establishment licenses on- premise. Assistant City Administrator Miller was available for questions. City Council Meeting Minutes June 4, 2013 4 page The Council discussed the amendment. Mayor Maguire asked if anyone in the audience would like to comment on the amendment. There being no public comment, he turned discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an ordinance amendment to City Code Chapter 6 to require massage therapists and massage therapy establishments to post therapists and establishment licenses on- premise. Aye: 5 Nay: 0 ORDINANCE AMENDMENT — AN ORDINANCE AMENDMENT TO CITY CODE CHAPTER 6 (TOBACCO LICENSING REGULATIONS) TO PROHIBIT SMOKING IN LICENSED TOBACCO RETAIL PREMISES City Administrator Osberg introduced the item noting the Minnesota Clean Indoor Air Act currently allows customers in a tobacco products shop to smoke tobacco for the specific purpose of sampling the product. Osberg noted due to the lack of definition of sampling by the State, and to avoid ambiguity, the City Attorney's office advised that the City could amend City Code to prohibit smoking entirely at licensed tobacco retail premises. Assistant City Administrator Miller was available for questions. The Council discussed the amendment. Mayor Maguire asked if anyone in the audience would like to comment on the amendment. There being no public comment, he turned discussion back to the Council. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve an ordinance amendment to City Code Chapter 6 to prohibit smoking in licensed tobacco retail premises. Aye:S Nay:O NEW BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT— HUNTER - EMERSON, LLC City Administrator Osberg introduced the item noting the Council is asked to direct staff to submit a Comprehensive Guide Plan Amendment to the Metropolitan Council to change the land use designation from Low Density to Quasi - Public. The proposed development retains the existing monopole within the site, a use that is not consistent with the new Low Density land use designation. City Planner Ridley gave a staff report. The Council discussed the amendment. Mayor Maguire asked if anyone in the audience would like to comment on the comprehensive guide plan amendment. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to direct staff to submit a Comprehensive Guide Plan Amendment to the Metropolitan Council to change the land use designation from LD (Low Density) to QP (Quasi - Public) for approximately 0.48 acres of property located at 1290 Cliff Road. Aye: 5 Nay: 0 City Council Meeting Minutes June 4, 2013 5 page COMPREHENSIVE GUIDE PLAN AMENDMENT AND REZONING (NICOLS RIDGE PARK) — CITY OF EAGAN City Administrator Osberg introduced the item noting the Council will be asked to direct staff to submit a Comprehensive Guide Plan Amendment to the Metropolitan Council changing the land use designation from Special Area /Medium Density to Special Area /Parks, Open Space and Recreational. Osberg noted the proposed rezoning request for the property will be withheld until the Comprehensive Guide Plan Amendment is implemented. City Planner Ridley gave a staff report noting no action is required on the rezoning at this time, but any issues or concerns the Council has should be discussed. Mayor Maguire asked if anyone in the audience would like to comment on the item. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to direct staff to submit a Comprehensive Guide Plan Amendment to the Metropolitan Council changing the land use designation from SA /MD (Special Area /Medium Density) to SA /P (Special Area /Parks, Open Space and Recreation), for approximately 3.5 acres located at 3994 Cedar Grove Parkway. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION, REZONING, AND PRELIMINARY PLANNED DEVELOPMENT (CEDAR GROVE PARKWAY 2 "d ADDITION) - EAGAN ECONOMIC DEVELOPMENT AUTHORITY City Administrator Osberg introduced the item noting the Council is asked to consider three actions related to the Cedar Grove development on the parking garage, approve a Preliminary /Final Subdivision to create two lots, the Rezoning from Cedar Grove District to Planned Development and a Preliminary Planned Development for a two -story public parking garage. City Planner Ridley gave a staff report noting the Advisory Planning Commission held a public hearing at the May 28, 2013 meeting, and recommended approval. The APC commented on the plan to install electric vehicle charging stations in the garage and expressed support for the concept if it is cost - justified. The City's consultant Scott Froeming, Walker Parking Consultants, noted facilities set up for electric vehicles in other locations have experienced low demand and vandalism to the equipment. Staff suggested providing conduit and infrastructure to accommodate electric vehicle charging stations for future application and installation. The Council agreed with that approach. Mayor Maguire asked if anyone in the audience would like to comment on the preliminary planned development. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision (Cedar Grove Parkway 2nd Addition) to create two lots upon 8.9 acres currently legally described as Lot 1, Block 2, Paragon Addition, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: C1, 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 City Council Meeting Minutes June 4, 2013 6 page (MNDOT) training, or approved equal training as determined by the City Engineer in designing storm water 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 City (or developer if applicable) shall obtain all outside agency permits as necessary for completion of the site improvements. 5. Park dedication shall be waived for proposed Lot 1 as the parking garage is a public facility. A cash park dedication shall be due for Lot 2 at the time of development and the amount of will be determined based on the rates in effect at that time. 6. Trail dedication for both lots shall be fulfilled through construction of sidewalks around the entire site perimeter, some within the site and some within adjacent right -of -way. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Final Subdivision (Cedar Grove Parkway 2nd Addition) to create two lots upon 8.9 acres currently legally described as Lot 1, Block 2, Paragon Addition. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Rezoning from CGD (Cedar Grove District) to PD (Planned Development) upon proposed Lot 1, Block 1, Cedar Grove Parkway 2nd Addition, located north of Cedar Grove Parkway and between Fen Way and River Valley Way. Aye:5 Nay:0 Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Preliminary Planned Development for a two -story public parking garage upon proposed Lot 1, Block 1, Cedar Grove Parkway 2nd Addition, located north of Cedar Grove Parkway and between Fen Way and River Valley Way, subject to the following conditions: Aye: 5 Nay: 0 1. 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 2. The developer shall obtain all outside agency permits as necessary for completion of the site improvements. 3. 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. 4. Mechanical units shall be shown on the Building Elevations at the time of building permit and shall be fully screened from off -site views. 5. Additional landscaping consisting of shrubs should be provided along the South side of the structure, facing Cedar Grove Parkway to help soften the structure appearance and break up the length of wall. Additional landscaping of Lot 2 will be accomplished with future development of that lot. City Council Meeting Minutes June 4, 2013 7 page LEGISLATIVE/ INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative /intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA CITY COUNCIL COMMENTS Mayor Maguire noted the Paragon Cedar Grove Redevelopment groundbreaking event was held this morning, and he thanked the Council for their patience and commitment to the vision for the redevelopment area. Mayor Maguire noted David Henke with Eagan Patch is leaving and thanked him for his work in Eagan. DIRECTOR OF PUBLIC WORKS Public Works Director Matthys introduced the item asking the Council to consider approval of a Consulting Services Agreement, Contract 13 -05 (Cedar Grove Parking Garage — Security System Design). Matthys provided a staff report. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Consulting Engineering Services Agreement with Paulson & Clark Engineering, Inc. for Contract 13 -05 (Cedar Grove Parking Garage) and authorize the Mayor and Deputy City Clerk to execute all related documents. Aye: 5 Nay:0 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 8:20 p.m. Aye: 5 Nay: 0 r-';� -�� Date �Jw Mayor U\QA-V� - Deputy derk