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04/05/2016 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota APRIL 5, 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, Hansen and Tilley. Theresa Eisele addressed the Council regarding traffic concerns at the intersection of Diff ley Road and Braddock Trail. Staff responded to her concerns. The Council acknowledged her concerns and noted staff would continue to monitor the situation and provide recommendations and solutions, when applicable. A regular meeting of the Eagan City Council was held on Tuesday, April 5, 2016 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire and Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Osberg, Assistant City Administrator Miller, Communications Director Garrison, Finance Director Pepper, Acting Parks & Recreation Director Flewellen, Director of Community Development Hohenstein, Director of Public Works Matthys, City Clerk Scipioni, Police Chief McDonald, Fire Chief Scott, and Executive Assistant Stevenson. AGENDA City Administrator Osberg noted the addition of Consent Item V. - to Schedule Public Hearing on April 19, 2016 to receive comments regarding a cable television franchise for Quest Broadband Services, Inc., DBA Centuryl-ink to the Consent. 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 to be heard. CONSENT AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent agenda as amended: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of March 15, 2016 regular City Council meeting as presented. B. Personnel Items: 1. It was recommended to name Andrew Pimental for the position of Director of Parks and Recreation. 2. It was recommended to accept resignation/retirement for Mike Lence, Senior Building Inspector and authorize replacement. C. It was recommended to ratify the check register dated March 11 and 18, 2016 as presented. D. It was recommended to approve the ordinary and customary contracts with The Open Door, Forecast Public Art, Toro Company, RES Specialty Pyrotechnics, Kids Around the World, SafeAssure Consultants, and Verizon Wireless. City Council Meeting Minutes April 5, 2016 2 page E. It was recommended to approve a resolution to accept reimbursement from the Minnesota Board of Firefighter Training and Education in the amount of $25,600 for the Fire Department and authorize the necessary budget adjustment. F. It was recommended to set the interest rate for special assessments levied in 2016 at 3.5%. G. It was recommended to adopt a resolution supporting a Minnesota Investment Fund (MIF) application in connection with Prime Therapeutics expansion within the City of Eagan. H. It was recommended to approve an Off -Sale Liquor License for BK Discount Liquor LLC doing business as BK Discount Liquor at 4130 Blackhawk Road Suite 100. I. It was recommended to approve Off -Sale License Drinks Liquor LLC doing business as Drinks Liquor, 3090 Courthouse Lane Suite 200. J. It was recommended to approve Exempt Permit for the Eagan Athletic Association to hold a raffle on May 8, 2016 at 4201 Lexington Avenue. K. It was recommended to approve pool of Consultant Service providers for lawn mowing, refuse removal, securing vacant buildings and general maintenance for the collection of businesses on the attached list, authorize the City Planner and/or Senior Code Enforcement Technician as the signatory for work orders, and to authorize the Mayor and City Clerk to execute all related documents. L. It was recommended to approve the Vacation of public drainage and utility easements on Lot 1, Block 1, Gift of Mary, and a Final Subdivision (Eagan Gateway Business Park) to create two lots and one outlot upon approximately 33 acres located at 510 Lone Oak Road. M. It was recommended to direct preparation of an ordinance amendment to City Code Chapter 11 regarding domestic animals. N. Item was removed. 0. It was recommended to approve a Final Planned Development, and a Final Subdivision (Dakota Path 5t" Addition) to create 20 single-family lots upon approximately six acres located south of Cliff Road and east of Pilot Knob Road. P. It was recommended to receive the petition to vacate public drainage and utility easements on Lot 19, Block 5, Hilltop Estates and schedule a public hearing to be held on May 3, 2016. Q. It was recommended to approve the plans and specifications for Contract 16-03 (2016 Trail and Parking Lot Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, May 12, 2016. R. It was recommended to receive the bids for Contract 16-01(2016 Street Revitalization) and award a contract to McNamara Contracting, Inc. for the base bid in the amount of $1,243,814.80 and authorize the Mayor and City Clerk to execute all related documents. S. It was recommended to receive bids for Contract 16-02 (2016 Street Revitalization) and award a contract to McNamara Contracting, Inc., for the base bid in the amount of $1,283,226.25 and authorize the Mayor and City Clerk to execute all related documents. T. It was recommended to receive the bids for Contract 16-09 (2016 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 $219,809.05 and authorize the Mayor and City Clerk to execute all related documents. U. It was recommended to receive the petition to vacate public drainage and utility easements (Document No.'s 238082 & 238083) on Lots 3 & 4, Block 1, Sibley Terminal Industrial Park and schedule a public hearing to be held on May 3, 2016. V. It was recommended to set April 19, 2016 at 6:30 p.m. or as soon thereafter to hold a public hearing to receive comments regarding a proposed Eagan cable television franchise for Quest Broadband Services, Inc., doing business as CenturyLink. City Council Meeting Minutes April 5, 2016 3 page PUBLIC HEARINGS Approve Application from Corvida Medical for Minnesota Investment Fund Loan City Administrator Osberg introduced the item noting the Council is being asked to approve a Minnesota Investment Fund application from Corvida Medical for development of business at 3660 Dodd Road and adopt a resolution authorizing the application. Director of Community Development Hohenstein gave a staff report and provided a location map. John Slump, CFO of Corvida, provided an overview of the company and the product. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Bakkend moved, Councilmember Fields seconded the motion to approve a Minnesota Investment Fund application from Corvida Medical for development of business at 3660 Dodd Road and adopt Resolution authorizing the application. Aye: 5 Nay: 0 OLD BUSINESS Receive Bids and Approve Resolution Awarding the Sale of $8,130,000 General Obligation Capital Improvement Bonds, Series 2016A City Administrator Osberg introduced the item noting at its March 15 meeting, the City Council authorized the issuance of the bonds to provide financing for the new Fire Station 1 and the remodel/expansion of the Central Services Maintenance facility, per the 2016-2020 Facilities Capital Improvement Plan adopted in August 2015. Finance Director Pepper stated the bonds were sold successfully and with favorable rates resulted in the amount of the bonds sold to be less than the $8,390,000. Dave McGillivrary from Springsted Incorporated presented the results of the sale noting the award amount is $8,130,000. 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 the resolution awarding the sale of $8,130,000 General Obligation Capital Improvement Bonds, Series 2016A, and to engage Springsted Incorporated to perform future continuing disclosure reporting and arbitrage rebate calculation requirements for the bonds. Aye: 5 Nay: 0 City Council Meeting Minutes April 5, 2016 4 page Ordinance Amendment — An Ordinance Amendment to City Code Chapter 10 Regarding Keeping Miniature Pigs on Single Family Residential Properties City Administrator Osberg introduced the item noting the Council is being asked to consider an ordinance amendment to City Code Chapter 10 regarding keeping miniature pigs on single family residential properties and a resolution establishing a fee for miniature pig permits. At the January 5, 2016 Listening Session, the Council received a request from a resident to consider an ordinance amendment to allow miniature pigs on residential properties. At the February 9 Special City Council meeting, Council reviewed miniature pig research and discussed policy considerations associated with allowing miniature pigs on residential properties, and at the February 16 City Council meeting, Council directed preparation of an ordinance amendment. Osberg noted the proposed ordinance amendment would require a miniature pig owner to obtain an administratively issued two-year permit (similar to a dog license). City Clerk Scipioni was available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. The Council discussed the ordinance amendment. Councilmember Hansen stated his concern on the proposed weight limit and suggested the 200 -pound maximum be lowered. Councilmember Tilley also noted concern with the proposed ordinance amendment. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an ordinance amendment to City Code Chapter 10 regarding keeping miniature pigs on single family residential properties and direct the City Attorney to publish the ordinance amendment. Aye: 3 Nay: 2 (Hansen and Tilley opposed) Councilmember Fields moved Councilmember Bakken seconded a motion to approve a resolution establishing a few for miniature pig permits. Aye: 3 Nay: 2 (Hansen and Tilley opposed) Planned Development Amendment — Metro Transit / Metropolitan Council City Administrator Osberg introduced the item noting since the item was before the City Council and continued, City Staff met with MVTA and Metropolitan Council Transportation Department staff on site to discuss the history of the landscaping and solutions for the future. Discussion with the agencies has continued resulting in the proposed resolution. City Planner Ridley gave a staff report and provided a location map. Representatives of the MVTA and Metropolitan Council Transportation Department were available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. City Council Meeting Minutes April 5, 2016 5 page Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow an expansion of the Cedar Grove Transit Station and related site improvements for property located at 4035 Nicols Road, subject to the revised conditions: Aye: 5 Nay: 0 1. The Planned Development Amendment shall be recorded at the Dakota County Recorder's Office within 60 days of City Council approval. 2. A standard Site Plan shall be submitted for use as an exhibit to the Planned Development Amendment Agreement. 3. The applicant shall provide elevation and building material plans for the trash enclosure and the building shall be constructed of the same materials and match the principal building. 4. A revised Landscape Plan shall identify the minimum planting size per City Code requirements. 5. The applicant shall plant trees that are missing according to the original Cedar Grove Station construction plan. According to an email from Greg Hove on 3/24/2016, there are 35 Category B trees missing. 6. The applicant shall replace trees and grass that are currently dead and that remain in the landscaping plan at Cedar Grove Station once the inline station construction is complete. 7. The applicant shall replace current trees and grass that are disturbed by construction of the inline station. 8. The applicant shall work with the MVTA to develop a facilities maintenance plan to monitor the site moving forward. 9. The landscaping shall be maintained per City Code requirements. 10. The non -conforming Metro Transit cabinet signs shall be removed once the online median station is constructed. 11. All building signage shall be individually mounted letters; no can or cabinet signs shall be allowed. 12. If anything other than the existing MVTA signage is proposed, a revised sign plan shall be submitted and subject to City Sign Code requirements. 13. The Lighting Plan shall be revised to verify City Code requirements for light levels and met and pole height matches existing on site. 14. Mechanical equipment shall be screened per City Code requirements. 15. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 16. The applicant shall be responsible to restore any damage to the street, curb and gutter, sidewalk, boulevard, and street in a manner acceptable to the City Engineer, 17. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to the issuance of a Building Permit. NEW BUSINESS Interim Use Permit— Oak Hills Church City Administrator Osberg introduced the item noting the 7 acre parcel is zoned Residential Multiple and located south of Yankee Doodle Road, west of Oak Hills Church. The Council is being asked to give consideration for an Interim Use Permit to allow a community garden located at 1560 Yankee Doodle Road. City Council Meeting Minutes April 5, 2016 6 page City Planner Ridley gave a staff report and provided a site map. 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 Interim Use Permit (IUP) to allow a community garden located at 1560 Yankee Doodle Road, subject to the following conditions: Aye:5 Nay:0 1. The Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City, and proof of recording shall be submitted to the City. 2. The permit shall terminate on October 31, 2018. 3. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. This permit approves the use of a community garden, which shall be located as shown on the approved Site Plan with the specifications identified on the approved Garden Plan. 5. Refuse cans shall be provided on site. 6. Restoration of the plots shall occur at the end of the growing season. 7. The land shall be restored at the end of the Interim Use Permit to be in compliance with the City of Eagan's turf grass ordinance. 8. At all times, any and all garden materials, supplies and tools shall be contained within the area as defined by the Garden Plan. Any and all such materials, supplies and tools shall be stored, placed or disposed of no closer than 30 feet of the wetland boundary. 9. At no time shall biodegradable garden debris or compost be stored, placed or disposed of closer than 30 feet of the wetland boundary. 10. Vehicle access to the garden site shall only be from the Oal< Hills Church property off of Coachman Road. There shall be no direct access from Yankee Doodle Road. The Council took a 10 minute break. Rezoning, Preliminary Subdivision and Variance — DR Horton Inc. MN City Administrator Osberg introduced the item noting before the Council are two actions to approve a Rezoning from A, Agricultural, to R -IS, Small Lot Single Family, upon approximately 15 acres and a Preliminary Subdivision (Summerbrooke) to create 33 lots upon approximately 15 acres located at 775 and 785 Diffley Road. City Planner Ridley gave a staff report and provided a site map. Mike Suel, DR Horton Homes, gave a summary of the request and touched on some of the concerns that were raised by the neighboring property owners. Director Matthys addressed the history of the proposed extension of Barrow Court and shared collected traffic data in response to numerous communications from adjacent residents. City Council Meeting Minutes April 5, 2016 7 page Mayor Maguire opened the public comment. The following property owners living at 750, 758, 762, 766 Camberwell Drive, 4138 and 4150 Barrow Court, 4156 and 4164 Kingston Court, and 755 Diffley Road all shared questions and concerns pertaining to: traffic, density, grading, tree loss, erosion and loss of wildlife. The Council discussed the Rezoning, Preliminary Subdivision and Variance request. The Council stated concerns regarding the rezoning and street connections. After further discussion it was the recommendation of the City Council to continue the item to a future City Council meeting. The applicant agreed to continue the request to the June 7, 2016 City Council meeting. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue the Rezoning from A, Agricultural, to R -IS, Small Lot Single Family, and a Preliminary Subdivision (Summerbrooke) to create 33 lots upon approximately 15 acres located at 775 and 785 Diffley Road to the June 7, 2016 City Council meeting. Aye: 5 Nay: 0 Comprehensive Guide Plan Amendment (Fire Station 1) — City of Eagan City Administrator Osberg introduced the item noting the Council is being asked to direct staff to submit to the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation from HD (High Density) to QP (Public/Quasi-Public) upon approximately 4 acres located at 4230 Blackhawk Road. City Planner Ridley gave a staff report and provided a site map. Mayor Maguire opened the public comment. 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 to the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation from HD (High Density) to QP (Public/Quasi-Public) upon approximately 4 acres located at 4230 Blackhawk Road. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA There were no administrative agenda items to be heard. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT City Council Meeting Minutes April 5, 2016 8 page Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 10:05 p.m. Aye: 5 Nay: 0 6 -al -ac)* Date % u' Mayor City Clerk