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03/02/2016 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota MARCH 2, 2016 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. A regular meeting of the Eagan City Council was held on Wednesday, March 2, 2016 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire and Councilmembers Bakken, Fields, and Hansen. Councilmember Tilley was absent. Also present were City Administrator Osberg, Assistant City Administrator Miller, Communications Director Garrison, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Police Chief McDonald, Fire Chief Scott, and Executive Assistant Stevenson. AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye:4 Nay:0 RECOGNITIONS AND PRESENTATION Swearing In of Officer Luke Caneff Police Chief McDonald introduced new Police Officer Luke Caneff and administered the Oath of Office. Recognize the Retirement of Engineering Technician Bruce Allen 30 Years Working For the City of Eagan Public Works Director Matthys recognized Bruce Allen, Engineering Technician, for his 30 years of service to the City of Eagan. Mr. Allen thanked the City for the opportunity to serve. The City Council thanked Mr. Allen for his service to the City. Recognition of Kathi Kamm for 19 Years Working for the City of Eagan Acting Parks and Recreation Director Flewellen recognized Kathi Kamm, Clerical Technician, for her 19 years of service to the City of Eagan. Ms. Kamm thanked the City for the opportunity to serve. The City Council thanked Ms. Kamm for her service to the City. CONSENT AGENDA Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the Consent agenda: Aye:4 Nay:0 Mayor Maguire commented on Consent Agenda Item F. Police Chief McDonald provided additional information regarding the donation. Mayor Maguire recognized the Eagan Citizens' Crime Prevention Association for the donation. City Council Meeting Minutes March 2, 2016 2 page A. It was recommended to approve the minutes of February 9, 2016 Special City Council meeting, and February 16, 2016 regular City Council meeting as presented. B. Personnel Items: 1. It was recommended to authorize the hiring of a part time temporary HR/Recruitment Specialist to work no more than 27 hours per week from March 2016 through December 2016, and authorize a corresponding budget amendment. 2. It was recommended to authorize the hiring of listed seasonal employees. C. It was recommended to ratify the check register dated February 12, and February 19, 2016 as presented. D. It was recommended to approve the ordinary and customary contracts with Genisys Credit Union, Think Bank, Sun Thisweek Newspaper, Urgency Room, and listed Market Fest entertainment contracts. E. It was recommended to approve a Joint Powers Agreement enabling Eagan Police Officers to access Criminal Justice Data through the Minnesota Bureau of Criminal Apprehension. F. It was recommended to adopt a resolution accepting a $15,000 donation from the Eagan Citizens' Crime Prevention Association that will be used to reimburse the City for the purchase of a virtual shooting system. G. It was recommended to adopt a resolution approving an Exempt Permit for the Pinewood PTO to conduct a raffle on April 8, 2016 at Pinewood Community School, 4300 Dodd Road. H. It was recommended to approve a resolution accepting a donation of furniture and equipment from an area business for the Fire Department. I. It was recommended to approve a Final Planned Development for an approximately 47,000 s.f. multi -tenant retail building upon Lot 4, Block 1, Central Park Commons. J. It was recommended to approve the final payment for Contract 15-06 (Wells Nos. 6, 13, and 16 Rehabilitation — Water Improvements) in the amount of $40,135.00 to Bergerson- Caswell, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. K. It was recommended to approve the final payment for Contract 15-08 (1&1 Manhole Seals — Sanitary Sewer Improvements) in the amount of $20,608.03 to Ess Brothers & Sons, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. L. It was recommended to receive the bids for Contract 16-08 (Wells Nos 12 and 14 Rehabilitation — Water Improvements) and award a contract to Keys Well Drilling Company for the base bid in the amount of $76,855.00, and authorize the Mayor and City Clerk to execute all related documents. M. It was recommended to receive the bids for Contract 16-11 (Well No. 11 Rehabilitation — Water Improvements) and award a contract to Bergerson-Caswell, Inc. for the base bid in the amount of $47,315.00, and authorize the Mayor and City Clerk to execute all related documents. N. It was recommended to receive the bids for Contract 16-13 (Manhole Sealing, Inflow and Infiltration Mitigation — Sanitary Sewer Improvements), award the contract to Ess Brothers and Sons, Inc. for the bid amount of $24,360.00, and authorize the Mayor and City Clerk to execute all related documents. 0. It was recommended to approve the plans and specifications for Contract 16-12 (2016 City- wide Sewer Lining — Sanitary Sewer Improvements) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, March 24, 2016, at 3419 Coachman Point, Eagan, MN. P. It was recommended to approve a resolution requesting the Minnesota Department of Transportation to advance to the City of Eagan $2,767,564 from the Municipal State Aid City Council Meeting Minutes March 2, 2016 3 page (MSA) Construction account and authorize the Mayor and City Clerk to execute all related documents. Q. It was recommended to approve a Final Subdivision (Laugen Legacy) to create 2 lots upon approximately 0.92 acres located at 1365 Deerwood Drive. R. It was recommended to approve a resolution and partnership agreements to accept cash and in-kind advertising donations from the following organizations, to authorize the necessary budget adjustments and direct the Mayor and City Clerk to sign the appropriate documents. S. It was recommended to approve a resolution to accept a donation of $780.39 in cash from Honeywell for the purpose of purchasing Market Fest 10th Anniversary supplies and to authorize the necessary budget adjustment and direct the Mayor and City Clerk to sign the appropriate documents. T. It was recommended to declare miscellaneous Public Works equipment listed to be surplus. U. It was recommended to adopt a resolution to participate in the Dakota County Hazard Mitigation Plan Update Process. V. It was recommended to approve a resolution allowing the City of Eagan to accept the conditions and funding available through the Tobacco Compliance Check Grant. W. It was recommended to accept the resignation of Advisory Parks Commissioner Karina Landmesser. PUBLIC HEARINGS Variance — 2864 Eagandale Boulevard (CCS Realty Company) City Administrator Osberg introduced the item noting there are two items before the Council for consideration, a variance to allow 46% building coverage ratio for a building addition for Cloverleaf Cold Storage located at 2864 Eagandale Boulevard, and a variance allowing a reduction from 465 to 375 parking stalls for a building addition. City Planner Ridley gave a staff report and provided a site map. A representative for the applicant was present and available for questions. The Council discussed the variances. 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 close the public hearing to approve a Variance to allow 46% building coverage ratio for a building addition for Cloverleaf Cold Storage located at 2864 Eagandale Boulevard, 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. Site modifications shall be implemented consistent with the plans dated February 9, 2016. City Council Meeting Minutes March 2, 2016 4 page 3. A building permit is required prior to commencing construction. 4. The property shall be replatted and internal unnecessary drainage and utility easements vacated prior to issuance of a Certificate of Occupancy for the building addition. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Variance allowing a reduction from 465 to 375 parking stalls for a building addition for Cloverleaf Cold Storage located at 2864 Eagandale Boulevard, 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. Site modifications shall be implemented consistent with the plans dated February 9, 2016. 3. A building permit is required prior to commencing construction. 4. The property shall be replatted and internal unnecessary drainage and utility easements vacated prior to issuance of a Certificate of Occupancy for the building addition. Certification of Delinquent Utilities City Administrator Osberg introduced the item noting City Code allows for collection through certification of delinquent utility bills which are not paid. The City currently has approximately 1,020 utility bill accounts with delinquent balances. At the February 2, 2016 City Council meeting, a public hearing was scheduled for the March 2, 2016 City Council meeting. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Bakken seconded a motion to close the public hearing and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. Aye: 4 Nay: 0 Certify Delinquent Nuisance Abatement Bills City Administrator Osberg introduced the item noting City Code allows for collection of delinquent false alarm calls, mowing and noxious weed removal, refuse removal and diseased tree removal bills through certification to property taxes. The City has three properties with delinquent false alarm invoices and seven properties with delinquent invoices for mowing and noxious weed removal. Four of these properties have recently been in the foreclosure process. At the February 2, 2016 City Council meeting, a public hearing was scheduled for the March 2, 2016 City Council 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 close the public hearing and approve the final assessment roll for delinquent nuisance abatement bills and authorize its certification to Dakota County. Aye: 4 Nay: 0 City Council Meeting Minutes March 2, 2016 5 page OLD BUSINESS There were no old business items to be heard. NEW BUSINESS Rezoning (Knob Hill Professional Park) — O'Halloran & Murphy City Administrator Osberg introduced the item noting the Knob Hill Professional Park Planned Development was established in 1983, and was based on Limited Business, zoning and designates this site for a one-story 5,000 s.f. office building. Osberg noted the Council is being asked to approve a rezoning of approximately 1.4 acres located at 4150 Knob Drive. City Planner Ridley gave a staff report and provided a site map. The Council discussed the rezoning request. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve a Rezoning of approximately 1.4 acres located at 4150 Knob Drive, legally described as Lot 3, Block 2, Knob Hill Professional Park. Aye: 4 Nay: 0 Planned Development Amendment (1970 Rahncliff Court) — Shepherd Child Care City Administrator introduced the item noting the Rahncliff 2nd Addition Planned Development was established in 1982 and provided for a mixture of uses including a bank, restaurants and retail. The Council is being asked to consider a Planned Development Amendment to allow a child daycare upon property located at 1970 Rahncliff Court. City Planner Ridley gave a staff report and provided a site map. The applicant was available for questions. The Council discussed the Planned Development Amendment. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to allow a child daycare upon property located at 1970 Rahncliff Court, legally described at Lot 2, Block 3, Rahncliff 2nd Addition, subject to the following conditions: Aye: 4 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The PD Amendment Agreement shall include the Site Plan as an exhibit. 2. The applicant is responsible for obtaining and maintaining the State license, and any other required State or County licenses or permits. City Council Meeting Minutes March 2, 2016 6 page 3. Any new rooftop equipment that may be added to the space for this use is subject to screening requirements consistent with City Code requirements. 4. All signage shall be consistent with City Code requirements. 5. Building address numbers shall be installed consistent with the design standards of Section 2.78 of the City Code, if existing numbers do not satisfy the code requirements. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA CITY COUNCIL Councilmember Hansen acknowledged the Minnesota Valley Transit Authority hired a new Executive Director, Luther Wynder. He will begin his employment on April 4, 2016. COMMUNITY DEVELOPMENT Director of Community Development Hohenstein noted the two most Market Rate apartment buildings are filling up fast. The Flats is at 90% occupancy, and CityVue is at 70% occupancy. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Hansen moved, Councilmember Bakken seconded a motion to adjourn the meeting at 7:21 p.m. Aye: 4 Nay: 0 5-" s -K0 Date 4-4. S4�� Mayor City Clerk C� �� •{