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12/04/2018 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota DECEMBER 4, 2018 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmember Bakken, Fields, Hansen and Tilley. A regular meeting of the Eagan City Council was held on Tuesday, December 4, 2018 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, Public Works Director Matthys, Parks and Recreation Director Pimental, Community Development Director Hutmacher, City Planner Ridley, Finance Director Pepper, Police Chief New, Communications Coordinator Foote, City Attorney Dougherty and Executive Assistant Stevenson. AGENDA Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION American Public Works Association — Minnesota Chapter Engineering Technician/Field Personnel of the Year— Dale Ronning and Lane Wegener Public Works Director Matthys introduced Brian Simmons with the Minnesota Chapter of the American Public Works Association. Mr. Simmons noted the Minnesota Chapter of the Public Works Association annually recognizes outstanding Public Works professionals. A new award was added this year to recognize the important contributions of the Engineering Technicians and other field personnel to the efforts of the public works industry. Mr. Simmons presented the awards to Dale Ronning and Lane Wegener. The Mayor congratulated Eagan employees Dale Ronning and Lane Wegener for their well-deserved recognition. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the consent agenda as amended: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of November 13, 2018 Special City Council meeting, and November 20, 2018 regular City Council meeting, as presented or modified. B. Personnel Items: 1. It was recommended to approve the recruitment and selection of six full time Fire Fighters to begin employment in 2019. City Council Meeting Minutes December 4, 2018 2 page C. It was recommended to ratify the check register dated November 16, 2018. D. It was recommended to approve the ordinary and customary contracts with AVI Systems, Inc. E. It was recommended to approve a resolution directing the City Clerk to issue 2019 alcohol license renewals upon the licensees' submission of renewal documents and fees. F. It was recommended to approve a resolution designating 2019 precincts and polling places. G. It was recommended to approve the final payment for Contract 18-10 (2019 Citywide Trail & Parking Lot Improvements) in the amount of $330,202.47 to Bituminous Roadways, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. H. It was recommended to approve a Wetland Replacement Plan prepared by Dakota County Transportation Department for County Project 26-52 (City Project 1251), Lone Oak Road/Lexington Avenue — Intersection Improvements. I. Item was removed. J. It was recommended to approve a Final Subdivision (Viking Lakes 3`d Addition) to create two lots and one outlot upon approximately 35 acres currently platted as Outlot B, Viking Lakes. K. It was recommended to approve the 2019-2023 Vehicles, Equipment and Facilities Renewal & Replacement (R&R) Capital Improvement Plans (CIPS) and the 2019 budgets within those plans. L. It was recommended to schedule a public hearing for December 18, 2018 to consider fees and charges for 2019. M. It was recommended to approve the proposed 2019 Enterprise Fund budgets for Public Utilities (Water, Sanitary Sewer, Street Lighting, and Storm Drainage/Water Quality), Cascade Bay, Civic Arena, Community Center and Fiber Infrastructure (AcessEagan). N. It was recommended to approve the 2019 budget for the following Special Revenue Funds: Housing Fund, DWI Forfeiture Fund, MIF Revolving Loan Fund, Cable TV Franchise Fees Fund, E- TV Fund, and Cedar Grove Parking Garage Fund. 0. It was recommended to approve the 2019 Eagan Convention and Visitors Bureau Budget. P. It was recommended to approve an amendment to the Eagan Community Center Budget for fiscal year 2018 to allow for payment of a safety repair of the ECC Pond wall that failed in summer 2018. Q. It was recommended to amend the 2018 General Fund Budget totaling $61,100 for minor equipment and services. PUBLIC HEARINGS Proposed 2019 Budget and 2019 Property Tax Levy City Administrator Osberg introduced the item noting this is our annual public hearing to hear comments on the proposed 2019 budget and property tax levy. To communicate budget initiatives and service level impacts, a Facebook live event was held on November 21, where staff fielded live questions from Facebook viewers. Osberg noted the proposed 5.4% increase to the 2019 General Fund budget, and a 5.82% increase for the 2019 property tax levy. Finance Director Pepper gave a presentation covering the topics that are required to be presented at the hearing under Truth -in -Taxation laws and was available for questions. Mayor Maguire opened the public hearing. Eric Barcasky, 3251 Black Oak Drive, addressed the Council regarding the average property values in Eagan. Cary Libman, 3766 Denmark Trail East, asked about tax City Council Meeting Minutes December 4, 2018 3 page exemptions for senior citizens. Staff responded to their questions. There being no further public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to close the public hearing and approve the 2019 General Fund budget of $38,333,600, and approve a resolution adopting the final 2019 general levy of $36,742,282. Aye: 5 Nay: 0 Final Subdivision, Prowire 2nd Addition Easement Vacation, Lot 1, Block 1, Prowire Addition City Administrator Osberg introduced the item noting the property is located at 4101 Nicols Road. The Council is being asked to consider a vacation of public drainage and utility easements and a Final Subdivision to create two lots upon approximately 4.3 acres located north of Diffley Road and west of Nicols Road. Public Works Director Matthys gave a staff report and provided a site map. The applicant was present and available for questions. 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 approve the vacation of public drainage and utility easements on Lot 1, Block 1, Prowire Addition. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Final Subdivision (Prowire 2"d Addition) to create two lots upon approximately 4.3 acres located north of Diffley Road and west of Nicols Road at 4101 Nicols Road. Aye: 5 Nay: 0 OLD BUSINESS Ordinance Amendment—Alternative Energy Systems City Administrator Osberg introduced the item noting at their joint meeting in October, the City Council directed the Energy and Environment Advisory Commission (EEAC) to research and recommend language to create standards for the installation and use of solar energy systems. The EEAC's work was provided to the Planning Division who worked with the Advisory Planning Commission and City Attorney's office to prepare the ordinance amendment. City Planner Ridley gave a staff report. Parks and Recreation Director Pimental was 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 December 4, 2018 4 page Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an Ordinance Amendment to Chapter 11, Section 11.70, to establish standards for installation and operation of solar energy systems. Aye: 5 Nay: 0 NEW BUSINESS Conditional Use Permit — Mark's Towing City Administrator Osberg introduced the item noting the subject property is zoned 1-1 (Limited Industrial) which allows outdoor storage via Conditional Use Permit. The applicant is proposing outdoor storage of impounded and accident vehicles, along with parking of tractors and trailers, both towed and fleet vehicles. City Planner Ridley gave a staff report and provided a site map. The applicant was present and available for questions. 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 Conditional Use Permit to allow outdoor storage of impounded and accident vehicles and parking of tractors and trailers upon property located at 3659 Kennebec Drive, subject to the following conditions: Aye: 5 Nay: 0 This Conditional Use Permit shall be recorded with the Dakota County Recorder's office within 60 days of approval by the City Council, with the following exhibits: • Site Plan dated October 22, 2018 2. This Conditional Use Permit shall replace the 1995 Conditional Use Permit for outdoor storage on the property. 3. Outdoor storage shall be conducted consistent with the items, quantities and areas shown on the approved Site Plan. 4. Impounded vehicles shall be stored on site for no longer than 90 days. 5. The Polar Leasing trailers currently in a front yard shall be relocated to one of the acceptable storage areas identified for trailer storage on the Site Plan, or be removed from the property by December 31, 2018. A new Landscape Plan shall be provided for approval by the City Planner prior to recording the Conditional Use Permit. The Landscape Plan shall incorporate both trees and shrubs in the 3'-4' height range to achieve 75% screening from the public right-of-way. The Landscape Plan shall be implemented and plants installed byJune 1, 2019. City Council Meeting Minutes December 4, 2018 5 page 7. In accordance with City Code, a landscape financial guarantee escrow of $7,500 shall be provided prior to release of the CUP for recording. 8. Landscaped areas shall be properly maintained per City Code standards. 9. Prior to recording the CUP, the applicant shall verify that the gates have KNOX padlocks or switches for public safety access acceptable to the Fire Marshal. 10. The applicant shall provide features around the perimeter of the parking lot for drainage and containment purposes in a manner acceptable to the City Engineer, and the applicant shall obtain a Grading Permit or Zoning Permit prior to installing those features. Implementation of such features shall be completed by August 1, 2019. 11. Drive aisle widths throughout the site shall be maintained at minimum 24' width. 12. A Spill & Response Plan in a form acceptable to the Water Resources Manager staff shall be provided prior to recording the Conditional Use Permit. 13. Relative to the above ground fuel tank, vehicle impact protection must be provided in a form acceptable to the Fire Marshal, and the applicant shall provide documentation to prove that the tanks are double walled, or spill containment system constructed that is acceptable to the Fire Marshal and Water Resources Manager. 14. All parking and storage areas shall be properly maintained to prevent deterioration in a manner acceptable to the City Engineer. Interim Use Permit—Country Inn & Suites City Administrator Osberg introduced the item noting the Council is being asked to consider an Interim Use Permit for five -years to allow off-site hotel/airport parking at 2900 Lone Oak Parkway. City Planner Ridley gave a staff report and provided a site map. Brent Rose, 3035 Holiday Lane, representing Country Inn & Suites, noted they have amended the request for an Interim Use Permit for five -years to three -years, and provided an overview of the request. Mayor Maguire opened the public comment. Several people stated their support for the off-site hotel/airport parking. There being no further public comment, he turned the discussion back to the Council. The Council discussed the Interim Use Permit. Mayor Maguire stated his opposition to the satellite parking location and suggested the interim parking may be appropriate on the vacant property east of the hotel. Councilmember Fields noted the precedent it might set for other hotels or business to seek off-site storage. After further discussion, it was the consensus of Council to deny the request. City Council Meeting Minutes December 4, 2018 6 page Councilmember Fields moved, Councilmember Tilley seconded a motion to direct preparation of Findings of Fact for Denial of an Interim Use Permit for five years to allow off-site hotel/airport parking on Lot 1, Block 1, Blue Ridge 3rd Addition. 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. VISITORS TO BE HEARD Mayor Maguire asked if there were any visitors to be heard on items that were not on tonight's agenda. The following residents addressed the Council with their concerns regarding the intersection of Braddock Trail and Diffley Road: Stac Angerhofer, 4401 Braddock Trail, John Ross, Randy Bright, 4237 Braddock Trail, Michelle McGowan, 4245 Braddock Trail, and Theresa Eisele, 4209 Braddock Trail. Public Works Director Matthys walked through the public improvement process including how the project began and what can be anticipated in the future. He noted there will be additional opportunity for residents to continue to share input as the project moves forward. ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 8:11 p.m. Aye: 5 Nay: 0 Date MA61k. , Mayor 1 City Clerk