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01/20/2015 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JANUARY 20, 2015 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire and Councilmembers Bakken, Fields, and Hansen. Councilmember Tilley was absent. John Demma, addressed the City Council regarding consideration of a proposed resolution supporting the American Anti - Corruption Act. A regular meeting of the Eagan City Council was held on Tuesday, January 20, 2015 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, and Hansen. Councilmember Tilley was absent. Also present were City Administrator Osberg, Director of Finance Pepper, Director of Communications Garrison, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Assistant City Engineer Nelson, Director of Parks & Recreation Johnson, Assistant Parks & Recreation Director Flewellen, Police Chief McDonald, and Executive Assistant Stevenson. AGENDA City Administrator Osberg noted the Council may want to consider continuation of Old Business A — Project 1174, Yankee Doodle Road (CSAH 28) /Promenade Avenue /O'Leary Lane Intersection Improvements to the February 3, 2015 Council meeting. Osberg noted the continuance is requested because County staff was not available for tonight's meeting. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve the agenda as amended. Aye:4 Nay:0 RECOGNITIONS AND PRESENTATION Recognition of Dorothy Peterson as the Recipient of the Parks and Recreation Board/ Commission Award presented by the Minnesota Recreation and Parks Association Parks and Recreation Director Johnson introduced Cindy Walsh, MRPA Past President who provided a few remarks and presented Dorothy Peterson with the Parks and Recreation Board /Commission Award. The City Council congratulated Dorothy Peterson on the award. CONSENT AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent Agenda as amended: Aye: 4 Nay: 0 Mayor Maguire pulled Item L. for additional comments. A. It was recommended to approve the minutes of January 6, 2015 regular City Council meeting. B. Personnel Items City Council Meeting Minutes January 20, 2015 2 page 1. It was recommended to accept the hiring of Christopher Roche, Patrol Officer in the Police Department. 2. It was recommended to accept the hiring of Kip Springer, Deputy Fire Chief. 3. It was recommended to accept the hiring of Peggy Fleck, Community Development Clerical Technician IV, 4. It was recommended to accept the hiring of the FT Mechanical position at the Central Maintenance Facility "to be named ". 5. It was recommended to accept the hiring of Amy Wagner for the PT 10 hour /week Clerical Technician IV — Receptionist at the Central Maintenance Facility. 6. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation. C. It was recommended to approve the check registers dated January 2 and 9, 2015, D. It was recommended to approve a professional services agreement with CNH Architects for services associated with Fire Station Four. E. It was recommended to direct the City Attorney's Office to prepare an ordinance amendment to City Code Chapter 8 regarding the use of utility task vehicles in the Cedar Grove area. F. It was recommended to adopt a resolution approving an Exempt Permit for The Open Door to conduct a raffle on March 5, 2015 at St. John Neumann Catholic Church, 4030 Pilot Knob Road. G. It was recommended to approve an agreement with Baser PL Umpires Association to provide umpires to officiate adult softball league games during 2015 and direct the Mayor and City Clerk to sign the appropriate documents. H. It was recommended to approve an agreement with the Metro Volleyball Officials Association to provide officials to officiate adult volleyball league games during 2015 and direct the Mayor and City Clerk to sign the appropriate documents. I. It was recommended to approve an agreement with Suburban Officials Association to provide officials to officiate adult basketball league games during 2015 and direct the Mayor and City Clerk to sign the appropriate documents. J. It was recommended to approve a contract with Aspen Waste Services to provide waste hauling and recycling services to all City facilities and authorize the Director of Parks and Recreation to sign on behalf of the City. K. It was recommended to approve an agreement with Coki Services Corporation to provide Grow healthy vending machines at the Eagan Community Center and direct the Mayor and City Clerk to sign the appropriate documents. L. It was recommended to adopt a resolution accepting a $4,115 cash donation from Patricia Judge in honor of her late husband Gregg and direct the funds to revenue account number 1102.2862 for accounting purposes. M. It was recommended to approve the final payment for Contract 13 -12 (Cedar Grove Parkway —Trail 7 Lighting Improvements) in the amount of $15,364.68 to Frattalone Companies, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. N. It was recommended to approve a resolution requesting the Minnesota Department of Transportation to advance to the City of Eagan $3.0 million from the Municipal State Aid (IVISA) Construction account. 0. It was recommended to approve the 2015 -2019 Vehicles and Equipment Capital Improvement Plan (CIP) and the 2015 budget within that plan. City Council Meeting Minutes January 20, 2015 3 page P. It was recommended to approve the 2015 -2019 General Facilities Renewal & Replacement (R &B) Capital Improvement Plan (CIP) and the 2015 budget within that plan and to approve the 2015 transfer of the following funds from the Community Investment Fund to: a) Old Town Hall Restoration project fund - $290,000; b) Cascade Bay Enterprise Fund - $512,000; c) Fire Station 4 Remodel Fund - $780,000. Q. It was recommended to adopt a resolution modifying the Daily Admission Fee for the "Blast" at the Eagan Community from $5 to $4. R. It was recommended to approve Project 1161 (Witham Lift Station — Sanitary Sewer Improvements) and authorize the preparation of detailed plans and specifications. PUBLIC HEARINGS Project 1158 — Cedar Grove 8t" Addition Street Improvements Director of Public Works Matthys introduced the items noting as part of Eagan's Pavement Management Program, the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. Assistant City Engineer Nelson gave a staff report and presentation on Project 1158 — Cedar Grove 8t" Addition. 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 Project 1158 (Cedar 8t" Addition — Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0 Project 1074 — Braun Sunrise Addition Street Improvements Assistant City Engineer Nelson gave a staff report and presentation on Project 1074 - Braun Sunrise Addition. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve Project 1074 (Braun Sunrise Addition —Street Improvements) as presented and authorized the preparation of detailed plans and specifications. Aye: 4 Nay: 0 CITY ORGANIZATIONAL BUSINESS City Administrator Osberg noted that organizational business is considered at the second regular City Council meeting in January. The following items were acted on: Acting Mayor Mayor Maguire moved, Councilmember Fields seconded a motion to appoint Councilmember Bakken as Acting Mayor. Aye: 3 Nay: 0 ( Councilmember Bakken abstained) City Council Meeting Minutes January 20, 2015 4 page Official Legal Newspaper Councilmember Fields moved, Councilmember Bakken seconded to approve retention of the Sun Thisweek Newspaper as the City of Eagan's official Council meetings as presented noting the alternate dates. legal newspaper. Aye: 4 Nay: 0 City Depositories Councilmember Fields moved, Councilmember Bakken moved to designate Anchor Bank and US Bank Trust as the City's depositories. Aye: 4 Nay: 0 City Council Meeting Schedule Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the 2015 schedule of City Council meetings as presented noting the alternate dates. Aye: 4 Nay: 0 2015 Schedule of Regular City Council Meetings (Including January 2016 meetings) January 6 May 19 October 6 January 20 June 2 October 20 February 3 June 16 November 2 2 Monday February 17 July 7 November 17 March 3 July 21 December 1 March 17 August 3 1 Monday December 15 April 7 August 18 January 5, 2016 April 21 September 1 January 19, 2016 May 5 September 15 'Monday, August 3 due to National Night Out 2Monday, November 2 due to ISD 196 School Board Elections There will be a Listening Session at 6:00 p.m. before each regular Council meeting. City Council Meeting Minutes January 20, 2015 5 page 2015 Schedule of Special City Council Meetings, Workshops and First January 2016 Meeting January 13 January 27 (Council Retreat) February 10 March 10 March 24 (Tentative) April 14 April 28 (Tentative) May 12 May 26 (Tentative) June 9 June 23 (Tentative) July 14 July 28 (Tentative) August 11 August 25 (Tentative) September 8 October 13 October 27 (Tentative) November 10 No Tentative Meeting The Week Of Christmas January 12, 2016 January 26, 2016 (Tentative) Workshop dates removed from the schedule due to conflicts (4th Tuesday of the month): • February 24 • September 22 • November 24 City Council Meeting Procedures Councilmember Fields moved, Councilmember Bakken seconded a motion to acknowledge Robert's Rules of Order as the means to conduct official business at all regular City Council meetings, and approve the guidelines for public participation in City Council meetings. Aye: 4 Nay: 0 Councilmember Fields moved, Councilmember Bakken seconded a motion to formally ratify the practice that at least two members of the City Council must make the request of the City Administrator to place an item on an upcoming City Council agenda. Aye: 4 Nay: 0 Standing Committee Appointments / Representative Appointments Councilmember Fields moved Councilmember Bakken seconded a motion to ratify the appointed members of Council standing committees, intergovernmental committees and other appointments as presented. Aye: 4 Nay: 0 Standing Committees: Communications Committee: Councilmember Tilley and Councilmember Hansen City Council Meeting Minutes January 20, 2015 6 page Finance Committee: Mayor Maguire and Councilmember Bakken Personnel Committee: Mayor Maguire and Councilmember Fields Public Works Committee: Councilmember Fields and Councilmember Bakken Advisory Commission Liaisons. Advisory Parks and Recreation Commission: - Councilmember Tilley Advisory Planning Commission — Councilmember Hansen Airport Relations Committee — Councilmember Fields Energy and Environment Advisory Commission — Councilmember Bakken Intergovernmental Committee Appointments: Capon! Art Park Board — Parks and Recreation Director Seydell Johnson DCC 2014 -2015 Board - Councilmember Hansen (Councilmember Fields as alternate) DCC 2014 -2015 Executive Board — City Administrator Osberg (Assistant City Administrator Miller as alternate) Eagan Convention and Visitors Bureau — Mayor Maguire LOGIS Board of Directors— Director of Finance Pepper (Assistant City Administrator Miller and IT Manager Cook as alternates) MSP Noise Oversight Committee — Councilmember Fields (Assistant City Administrator Miller and City Administrator Osberg as alternates) Minnesota Valley Transit Authority Board — Councilmember Hansen (Assistant Finance Director Feldman as alternate) Monthly Mayor /Manager Breakfasts — Mayor Maguire Municipal Legislative Commission Board — Mayor Maguire Red Line IPU — Mayor Maguire Red Line IPU TAC - Director of Community Development Hohenstein and Director of Public Works Matthys Robert Street Corridor Steering Committee - Councilmember Tilley (City Administrator Osberg as alternate) Robert Street Corridor Technical Advisory Committee (TAC) — Director of Public Works Matthys (Community Development Director Hohenstein as alternate) Other (No appointment by City Council — information only): Breakfast with Mayor / Chamber of Commerce — Mayor Maguire LMC & Metro Cities Policy Advisory Committees — Councilmember Hansen Testimony at Legislature — all as needed Fire Relief Association Board of Trustees — State Statute 424A.04 requires that a relief association that is directly associated with a municipal fire department must be managed by a board of trustees consisting of nine members. Six trustees must be elected from the membership of the relief association and three trustees must be drawn from the officials of the municipality served by the fire department to which the relief association is directly associated. The three municipal trustees must be one elected municipal official and one elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually and the chief of the municipal fire department. City Council Meeting Minutes January 20, 2015 7 page In addition to Fire Chief Scott, the annual designations have been the Mayor and Director of Finance Pepper. (Official action to appoint the Board members was taken under the Administrative Agenda later on the agenda.) OLD BUSINESS Project 1174 — Yankee Doodle Road / Promenade Avenue / O'Leary Lane Intersection Improvements Mayor Maguire noted Project 1174 — Yankee Doodle Road /Promenade Avenue /O'Leary Lane Intersection Improvements has been removed and continued to the February 3, 2015 City Council meeting. OLD BUSINESS Planned Development Amendment — The Flats at Cedar Grove Restaurant City Administrator Osberg introduced the item noting at the January 6t" City Council meeting, the Council requested that the applicant provide a proof of parking plan for five parking stalls. City Planner Ridley gave a staff report and location map highlighting the five proof of parking stalls. The applicant was available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to add an outdoor dining patio and associated site plan modifications, and on -sale liquor in conjunction with a full- service restaurant, and a restaurant exceeding 4,000 s.f., upon property located at 3825 Cedar Grove Parkway, subject to the following conditions: Aye: 4 Nay: 0 1, A Planned Development Amendment Agreement shall be executed and recorded against the property at the Dakota County Recorder's Office. The following exhibits are required for the Agreement: a. Site Plan b. Patio Plan 2. The applicant shall provide a public trail easement, in a form acceptable to the City Attorney, for the area of the trail that is located outside the public right -of -way and within the lot. 3. The outdoor dining patio shall provide outdoor seating of not more than 48 seats as shown on the Site Plan. 4. A detail of the patio railing shall be provided for the Planned Development Amendment Agreement. 5. A Building Permit is required prior to installation of the fence and gates to ensure compliance with applicable building and fire codes. City Council Meeting Minutes January 20, 2015 8 page 6. The operation of the outdoor dining area shall be subject to compliance with the standards in the City Code. 7. The hours of operation of the outdoor dining area should be restricted to the hours of operation within the principal restaurant's interior space, and in no case should the outdoor dining patio be utilized after 11:00 p.m. 8. Any use of an outdoor sound system shall be subject to City Code standards, including that it shall not be used after 10:00 p.m. 9. The applicant shall submit the proposal to the Metropolitan Council for a determination of any additional SAC (sewer availability charge) units. Payment of any associated SAC fees shall be made before the patio is opened for use. 10. The applicant shall provide a proof of parking for five additional stalls. 11. The applicant shall enter into an encroachment and maintenance agreement with the City, in a form acceptable to the City Attorney, prior to release of the PD Amendment Agreement for recording. NEW BUSINESS Rezoning, Preliminary Planned Development, Preliminary Subdivision (Cedar Grove Townhomes) — Ryland Homes City Administrator Osberg introduced the item noting the Council is being asked to approve a Rezoning of 0.84 acres, a Preliminary Planned Development for the development of townhomes on both Sites 1 and 2, located at the southeast corner of Cedar Grove Parkway and Nicols Road and southwest corner of Cedar Grove Parkway and Gold Trail, and a Preliminary Subdivision upon the two sites totaling 5.2 acres. City Planner Ridley gave a staff report. Michael Ramme, Ryland Homes, provided additional information on the proposed materials to be use on the townhomes, and was available for questions. The Council discussed the proposed materials. After further discussion, the Council agreed the proposed materials met the code standards of durability, high quality, and low maintenance. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve a Rezoning of 0.84 acres (Site 2) located at the southwest corner of Cedar Grove Parkway and Gold Trail, from CGD, Cedar Grove District to PD, Planned Development. Aye: 4 Nay: 0 Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve a Preliminary Planned Development for the development of townhomes on both Sites 1 and 2, located at the southeast corner of Cedar Grove Parkway and Nicols Road, and at the southwest corner of Cedar Grove Parkway and Gold Trail, subject to the following conditions: Aye: 4 Nay: 0 1. The property shall be subdivided and platted prior to Final Planned Development approval. City Council Meeting Minutes January 20, 2015 9 page 2. The developer shall execute a Preliminary Planned Development Agreement which includes the following plans. • Site Plan • Building Elevations • Landscaping Plan • Site Lighting Plan 3. A Final Planned Development Agreement shall be executed for each of Sites 1 and 2 prior to issuance of a building permit for the site. The Final Planned Development Agreement shall be recorded against the property at the Dakota County Recorder's office. The following plans are necessary for each Final Planned Development Agreement: • Final Site Plan • Final Building Elevations • Final Landscaping Plan • Final Site Lighting Plan 4. The term of the Preliminary Planned Development shall be three (3) years. 5. A homeowners association shall be created for the ownership and maintenance of the common property. All common property and open space shall be conveyed to and maintained by the homeowner's association, as well as any other common amenities. All common lots shall be deeded to the homeowner's association. 6. All association documents shall be in a form acceptable to the city attorney. 7. All exterior building materials shall be integrally colored. 8. Air conditioner condenser units shall be shown on units with landscape plantings or a physical screen Landscape Plan. 9. The Site Lighting Plan shall be revised to achieve a throughout the parking area on Site 2, and to mini of Site 1. the Final Landscape Plan and screening of the shall be provided as part of the Final minimum illumination of 0.5 footcandles mize light spillover across the east boundary 10. The applicant shall fulfill tree mitigation requirements through the installation of thirty -four (34) Category A trees. 11. The applicant shall ensure the preservation of saved trees via protection of the preserved 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. 12. 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. 13. 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. City Council Meeting Minutes January 20, 2015 10 page 14. In accordance with Eagan City Code §11.67 Subd. 4. B., the applicant shall have all wetlands fully or partially located on the site delineated by a Certified Wetland Delineator utilizing approved methods as stated in Minn. Rules Ch. 8420 and shall have all existing wetlands assessed utilizing the Minnesota Routine Assessment Method (Version 3.0 or later version). The delineation shall be completed prior to Final Subdivision. 15. Any and all wetland delineations shall be conducted during the growing season (i.e., typically between April 15 and October 15) and shall be submitted to the City for review and approval prior to Final Subdivision. 16. All of the wetlands on the site shall have Wetland Buffers in accordance with Eagan City Code §11.67 Subd. 6. 17. The developer shall be responsible to restore the park land and trail damaged by the installation of the storm sewer through Bridgeview Park in a manner acceptable to the City Engineer. 18. Connection to the utility mains will require open cutting the streets and boulevards. The developer shall be responsible to restore the street, curb and gutter, and boulevard in a manner acceptable to the City Engineer. 19. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 20. The applicant shall provide a plan to be approved by staff to provide telecommunications fiber to the home (FTTH) or conduit to all homesites to permit third party providers to install FTTH within the neighborhood. 21. "No Parking /Fire lane" shall be installed along all private streets within the development narrower than 28' wide to ensure they are kept open for emergency vehicle access. 22. Turnaround areas at the end of the private streets shall be signed "No Parking /Fire Lane." 23. Cross- easements for ingress /egress to the park parking lot shall be executed in a form acceptable to the City Attorney. 24. The developer shall dedicate public drainage & utility easements over all public utilities at a minimum width of 20 feet. 25. In accordance with City Code, a Conservation Easement shall be provided over Wetland Buffer areas, in a form acceptable to the City Attorney, 26. The developer shall be responsible for acquiring all outside agency permits and approvals. 27. A cash park dedication shall be paid at the time of final plat at the rates then in effect. 28. A cash trail dedication shall be paid at the time of final plat at the rates then in effect. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve a Preliminary Subdivision (Cedar Grove Townhomes) upon two sites totaling 5.2 acres located at the southeast corner of Cedar Grove Parkway and Nicols Road, and at the southwest corner of Cedar Grove Parkway and Gold Trail, subject to the following conditions: Aye: 4 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: All 1311 B4, Cl, C2, C4, E1, and F1. 2. The property shall be platted. 3. A homeowners association shall be created for the ownership and maintenance of the common property. All common property and open space shall be conveyed to and maintained by the homeowner's association, as well as any other common amenities. All common lots shall be deeded to the homeowner's association. 4. Within the one -mile Buffer of Airport Noise Policy Zone 4, a minimum 19 dBa reduction in interior noise levels shall be required for new residential construction, to be provided at the time of application for Building Permit. City Council Meeting Minutes January 20, 2015 11 page 5. All exterior building materials shall be integrally colored. 6. Air conditioner condenser units shall be shown on the Final Landscape Plan and screening of the units with landscape plantings or a physical screen shall be provided as part of the Final Landscape Plan. 7. The Site Light Plan shall be revised to achieve a minimum illumination of 0.5 footcandles throughout the parking area on Site 2, and to minimize light spillover across the east boundary of Site 1. 8. The applicant shall fulfill tree mitigation requirements through the installation of thirty -four (34) Category A trees. 9. The applicant shall ensure the preservation of saved trees via protection of the preserved 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. 10. 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. 11. 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. 12. In accordance with Eagan City Code §11.67 Subd. 4. B., the applicant shall have all wetlands fully or partially located on the site delineated by a Certified Wetland Delineator utilizing approved methods as stated in Minn. Rules Ch. 8420 and shall have all existing wetlands assessed utilizing the Minnesota Routine Assessment Method (Version 3.0 or later version). The delineation shall be completed prior to Final Subdivision. 13. Any and all wetland delineations shall be conducted during the growing season (i.e., typically between April 15 and October 15) and shall be submitted to the City for review and approval prior to Final Subdivision. 14. All of the wetlands on the site shall have Wetland Buffers in accordance with Eagan City Code §11.67 Subd. 6. 15. The developer shall be responsible to restore the park land and trail damaged by the installation of the storm sewer through Bridgeview Park in a manner acceptable to the City Engineer. 16. Connection to the utility mains will require open cutting the streets and boulevards. The developer shall be responsible to restore the street, curb and gutter, and boulevard in a manner acceptable to the City Engineer. 17. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 18. The applicant shall provide a plan to be approved by staff to provide telecommunications fiber to the home (FTTH) or conduit to all homesites to permit third party providers to install FTTH within the neighborhood. 19. "No Parking /Fire lane" shall be installed along all private streets within the development narrower than 28' wide to ensure they are kept open for emergency vehicle access. City Council Meeting Minutes January 20, 2015 12 page 20. Turnaround areas at the end of the private streets shall be signed "No Parking /Fire Lane" 21. Cross - easements for ingress /egress to the park parking lot shall be executed in a form acceptable to the City Attorney. 22. The developer shall dedicate public drainage & utility easements over all public utilities at a minimum width of 20 feet. 23. In accordance with City Code, a Conservation Easement shall be provided over Wetland Buffer areas, in a form acceptable to the City Attorney. 24. The developer shall be responsible for acquiring all outside agency permits and approvals. 25. A cash park dedication shall be paid at the time of final plat at the rates then in effect. 26. A cash trail dedication shall be paid at the time of final plat at the rates then in effect. Comprehensive Guide Plan Amendment (The Gates of Eagan Apartments) — Nichols Park, LLC City Administrator Osberg introduced the item noting an application for a 142 -unit apartment building was submitted. The applicant is requesting a change in the land use designation from Retail Commercial to High Density upon approximately 8 acres generally located at the SW corner of Nicols Road and Diffley Road. City Planner Ridley gave a staff report and provided additional information on the property. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. The Council discussed the proposed land use change. Councilmember Hansen moved, Mayor Maguire seconded a motion to direct staff to submit to the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation from RC (Retail Commercial) to HD (High Density) upon approximately 8 acres generally located at the SW corner of Nicols Road and Diffley Road. Councilmember Bakken and Councilmember Fields stated they were not supportive of the change in land use. Steve Liefschultz, owner, provided some personal and property background and was available for questions. Councilmember Hansen withdrew his previous motion. After further discussion, it was the consensus of the Council that additional information on the history of the property was needed before considering a change in the land use and should be brought back to a future Council workshop. Councilmember Fields moved, Councilmember Bakken seconded a motion to table the item and bring back to the March 10, 2015 City Council workshop. Aye: 4 Nay: 0 City Council Meeting Minutes January 20, 2015 13 page LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative /intergovernmental affairs update. ADMINISTRATIVE AGENDA CITY ADMINISTRATOR City Administrator Osberg noted official action is needed for the Fire Relief Association Board of Trustees: Fire Chief Scott, Mayor Maguire and Director of Finance Pepper. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the appointed members of the Fire Relief Association Board of Trustees as presented. Aye: 4 Nay: 0 There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Fields moved, Councilmember Hansen seconded. a motion to adjourn the meeting at 8:20 p.m. Aye: 4 Nay: 0 3'1 J Date Mayor City Clerk