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04/07/2015 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota APRIL 7, 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, Hansen and Tilley. A regular meeting of the Eagan City Council was held on Tuesday, April 7, 2015 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 Finance Pepper, Director of Communications Garrison, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Director of Parks & Recreation Johnson, Police Chief McDonald, Fire Chief Scott, 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 There were no recognitions and presentations to be heard. CONSENT AGENDA Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the Consent Agenda as presented: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of March 10, 2015 Special City Council meeting, and March 17, 2015 regular City Council meeting. B. 1. It was recommended to approve City Policy revision to the Employee Handbook, Section 16.2.1 regarding Personal Leaves of Absence. 2. It was recommended to approve City Policy revision to the Employee Handbook, Section 22.2 regarding Tuition Reimbursement eligibility. 3. It was recommended to accept the resignation of Thomas Schellinger, Full Time Temporary Fire Captain and authorize appointment of a Full Time Temporary/Acting Fire Captain, to be named. 4. It was recommended upon the appointment of the new Full Time Temporary/Acting Fire Captain, to authorize the appointment of a Full Time Acting Fire Fighter to fulfill the obligations of the vacant position created by the promoted Fire Captain. 5. It was recommended to approve the termination of Parks Maintenance Worker, Alexander Lamers. 6. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation. C. It was recommended to approve the check registers dated March 13, 20, and 27, 2015. D. It was recommended to approve the ordinary and customary contracts. E. It was recommended to set the interest rate for special assessments levied in 2015 at 4.0% City Council Meeting Minutes April 7, 2015 2 page F. It was recommended to approve the Utility Account Discrepancy Policy. G. It was recommended to approve a Request for Proposals (RFP) for Legal Services (General Legal, Prosecution, and Labor Services). H. It was recommended to approve Plans & Specifications, Contract 15-10 (Old Town Hall Repairs and Renovation) and Authorize Advertisement of Bids. I. It was recommended to approve a resolution adopting and authorizing publication of the summary ordinance for Ordinance No. 540. J. It was recommended to approve a temporary on -sale Liquor license for the Twin Cities Good Time Softball League's North Star Classic on May 23-24, 2015 at 980 Northview Park Road. K. It was recommended to approve two temporary on -sale 3.2 percent malt liquor (beer) licenses and waive the license fees for all Saints Lutheran Church's Community Gatherings on April 29, 2015 and August 5, 2015 at 3810 Lexington Avenue South. L. It was recommended to approve a temporary on -sale liquor license and waive the license fee for Trinity School at River Ridge's Christian Arts Festival on April 16 and 18, 2015 at 601 River Ridge Parkway. M. It was recommended to receive the bids for Contract 15-01 (2015 Citywide Street Improvements) and award a contract to Hardrives, Inc. for the base bid in the amount of $1,589,072.44, and authorize the Mayor and City Clerk to execute all related documents. N. It was recommended to receive the bids for Contract 15-02 (2015 Citywide Street Improvements) and award a contract to Hardrives, Inc. for the base bid, and alternate bid, in the total amount of $1,475,266.59, and authorize the Mayor and City Clerk to execute all related documents. 0. It was recommended to receive the bids for Contract 15-03 (Pond Sediment Removal and Outlet Improvements — Storm Sewer/Water Quality Improvements) and award a contract to Minnesota Dirt Works Inc., for the base bid in the amount of $88,190.35, and authorize the Mayor and City Clerk to execute all related documents. P. It was recommended to approve the plans and specifications for Contract 15-09 (2015 Trail and Parking Lot Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m., on Thursday, May 14, 2015. Q. It was recommended to approve a Joint Powers Agreement with the Dakota County Transportation Department for Project 1174 (Yankee Doodle Road/Promenade Avenue/O'Leary Lane — Intersection Improvements), approve said plans and specifications, and authorize the advertisement for a bid opening by Dakota County and authorize the Mayor and City Clerk to execute all related documents. R. It was recommended to approve a resolution requesting the Minnesota Commissioner of Transportation's approval of the designation of existing street segments on the City of Eagan's Municipal State Aid (MSA) roadway system. S. It was recommended to approve authorization for the preparation of detailed plans and specifications for Project 1186 (Well No. 22 Central Park Commons — Well Development). T. Item was removed. U. It was recommended to approve an increase of $40,000 to the 2015 General Fund Budget to address additional expenses related to the Emerald Ash Borer (EAB) infestation and authorize the Mayor and City Clerk to execute all related documents. V. It was recommended to approve an increase of $125,000 to the 2015 Water System Renewal and Replacement (Fund 1121) budget to address expenses related to the restoration of Well No. 3 and authorize the Mayor and City Clerk to execute all related documents. City Council Meeting Minutes April 7, 2015 3 page W. It was recommended to approve an increase of $50,000 to the 2015 Eagan Community Center Fund budget to address additional expenses related to the construction of the proposed parking lot and trail expansion and authorize the Mayor and City Clerk to execute all related documents. X. It was recommended to approve the final payment for Contract 13-05 (Cedar Grove Parking Garage) in the amount of $193,726.00 to PCL Construction Services, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. Y. It was recommended to authorize a modification to the 2015 Renewal and Replacement budget by increasing it by $7,000 and changing the purchase of new chairs for the Police Emergency Operations Center to the purchase of new visitor chairs for the Council Chambers. Z. It was recommended to adopt a resolution accepting a $2,000 donation from the Eagan Lion's Club that will be used to reimburse the City for expenses related to the Police Department's 501h anniversary celebration. AA. It was recommended to adopt a resolution approving an Exempt Permit for the Red Pine Elementary Parent Teacher Organization to conduct a raffle on May 7, 2015 at 530 Red Pine Lane. BB. It was recommended to adopt a resolution approving a Premise Permit for the Eagan High School Football Booster Club to conduct lawful gambling at Cooper's Restaurant and Bar, 1485 South Robert Trail. PUBLIC HEARINGS Beau D Rue Drive Plat Easement Vacation City Administrator Osberg introduced the item noting this is the first of two public hearings related to development by Ryland Homes in the Cedar Grove Redevelopment Area, the first being upon Lot 1, Block 1, Lot 2, Block 2, and Outlot A within the Beau D Rue Drive Plat allowing for the vacation of public drainage and utility easements. Public Works Director Matthys gave a staff report noting the site is located south of Cedar Grove Parkway and east of Nicols Road in northwest Eagan. 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 close the Public Hearing to vacate public drainage and utility easements on Lot 1, Block 1, Lot 2, Block 1, and Outlot A within the Beau D Rue Drive Plat, and continue action to coincide with future City Council consideration of the Cedar Grove Townhomes 15t Addition final plat and subdivision. Aye: 5 Nay: 0 Leibel Addition Easement Vacation Public Works Directory Matthys introduced the item noting Ryland Homes is also requesting the vacation of existing drainage and utility easements on Lot 1, Block 1, Leibel Addition, located south of Gold Trail and west of Cedar Grove Parkway in northwest Eagan. City Council Meeting Minutes April 7, 2015 4 page Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to close the Public Hearing to vacate public drainage and utility easements on Lot 1, Block 1, Leibel Addition, and continue action to coincide with future City Council consideration of the Cedar Grove Townhomes 2"d Addition final plat and subdivision. Aye: 5 Nay: 0 Consider Minnesota Investment Fund Application and Agreement for DataBank Holdings LP for the Property Located at 3255 Neil Armstrong Boulevard City Administrator Osberg introduced the item noting on June 17, 2014, the Council authorized staff to proceed with the submittal of applications related to DataBank LLC submitting a Business Financing Application to the City of Eagan for consideration of actions pertaining to a forgivable loan from the DEED Minnesota Investment Fund, a grant from the DEED Jobs Creation Fund and the formation of a twenty year Tax Abatement District for financing of the DataBank project. Osberg noted as an outcome of those discussions, the project qualifies for MIF funding of up to $135,000. Community Development Director Hohenstein 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 Fields seconded a motion to approve a resolution authorizing and approving a Minnesota Department of Employment and Economic Development Minnesota Investment Fund application, grant agreement and forgivable loan for $135,000 for DataBank Holdings, LP. Aye: 5 Nay: 0 OLD BUSINESS Ordinance Amendment — An Ordinance Amendment to City Code Chapter 6.34 Regarding the sale of Tobacco and Electronic Delivery Devices City Administrator Osberg introduced the item noting during the last legislative session, a law was enacted that requires retailers to sell the liquid used in electronic cigarettes in child -safe packaging. The requirement went into effect on January 1, 2015. Osberg noted at its March 3, 2015 meeting, the Council directed preparation of an ordinance amendment regarding the child -safe packaging requirements for electronic cigarette liquid. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an ordinance amendment to City Code Chapter 6.34 regarding the sale of tobacco and electronic delivery devices. Aye:S Nay:O City Council Meeting Minutes April 7, 2015 5 page Comprehensive Guide Plan Amendment — Nichols Park, LLC City Administrator Osberg introduced the item noting at the January 20, 2015 meeting, Council continued the item to the March 10, 2015 Council Work Session in order to gather more background information on marketing and previous development approaches. At the March 10, 2015 Council Work Session, the Council directed the amendment request to the April 7, 2015 regular City Council meeting. City Planner Ridley gave a staff report and was available for questions. The applicant, Steve Liefschultz, gave a brief overview of the request and was available for questions. Mayor Maguire opened the public comment. Jody Iverson, 4226 Meghan Lane, addressed the Council with her concerns regarding rezoning the property from Retail Commercial to High Density and additional traffic on Nicols Road. Andrea Perrier, resident, Roy Johnson, BP Owner, and Earl Johnson property owner, each addressed the Council stating their support of the development. There being no further public comment, Mayor Maguire turned the discussion back to the Council. The Council discussed the amendment. 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 Nichols Road and Diffley Road. Aye: 3 Nay: 2 (Bakken and Fields opposed) NEW BUSINESS Planned Development Amendment — Toppers Pizza (Brad Vinton) City Administrator Osberg introduced the item noting the Council is being asked to approve a Planned Development Amendment to allow delivery service until 3:00 a.m. within in a multi -tenant building located at 4250 Lexington Avenue. City Planner Ridley gave a staff report. The applicant, Brad Vinton, was available for questions. Mayor Maguire opened the public comment. Claudia Danner, 1004 Coneflower Court, addressed the Council with her concerns regarding the business being open until 3:00 a.m. There being no further public comment, he turned the discussion back to the Council. The Council discussed the amendment. After further discussion it was the consensus of the Council to add a condition restricting no pick-up service after 1:00 a.m. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow delivery services until 3:00 a.m. within 200 feet of residential property in a multi -tenant building located at 4250 Lexington Avenue, subject to the following conditions: Aye:5 Nay:0 City Council Meeting Minutes April 7, 2015 6 page An amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. All delivery drivers shall use the exit on the west side of the retail space. Customer pick-up service shall not be allowed between 1:00 a.m. and 7:00 a.m. Planned Development Amendment (1579 Cliff Road) — Holiday Stationstores City Administrator Osberg introduced the item noting the Council is being asked to approve a Planned Development Amendment to allow outdoor storage of a freezer, exterior merchandise and maintenance equipment within a screen wall, for property located at 1579 Cliff Road. City Planner Ridley gave a staff report. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. The Council discussed the amendment. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve a Planned Development Amendment to allow outdoor storage of a freezer, exterior merchandise and maintenance equipment within a screen wall, for property located at 1579 Cliff Road, subject to the following conditions: Aye:5 Nay:0 1. An amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 2. The screen wall shall be constructed of brick, utilizing materials to match the existing building, and fully screen the materials and equipment inside. 3. The service door shall be painted to match the color of the building. 4. Building address numbers shall be reviewed and replaced if necessary to comply with the provisions of Section 2.78 of City Code. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA There were no administrative agenda items to be heard. VISITORS TO BE HEARD Mr. Avery Hildebrand, introduced himself to the City Council as the Community Coordinator for Eagan and Dakota County with Conservation Minnesota noting they have over 1,300 members in Eagan. City Council Meeting Minutes April 7, 2015 7 page ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:55 p.m. Aye: 5 Nay: 0 A ' Mayor City Clerk