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03/05/2019 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota MARCH 5, 2019 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. A regular meeting of the Eagan City Council was held on Tuesday, March 5, 2019 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, Community Development Director Hutmacher, City Planner Ridley, Finance Director Pepper, Communications and Engagement Director Ellickson, Assistant Parks and Recreation Director Flewellen, Police Chief New, Fire Chief Scott, City Attorney Dougherty and Executive Assistant Stevenson. AGENDA Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentations. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the consent agenda as presented: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of February 12, 2019 Special City Council minutes, and February 19, 2019 regular City Council meeting, as presented or modified. B. Personnel Items: 1. It was recommended to accept the resignation/retirement of Mike Ridley, City Planner, and authorize the recruitment and replacement of this position. 2. It was recommended to accept the resignation of William Henk, Property Maintenance/Code Enforcement Specialist and authorize the recruitment and replacement of this position. 3. It was recommended to authorize the hiring of full-time Police Cadet, Dana Deutmeyer. 4. It was recommended to accept the resignation of part-time, recurring, non -benefit eligible employee Jenny Williams. 5. It was recommended to approve the hiring of the following part time, recurring, non -benefit eligible employees as Arena Softball Umpires and a Fitness Instructor. C. It was recommended to ratify the check register dated February 15 and 22, 2019. City Council Meeting Minutes March 5, 2019 2 page D. It was recommended to approve the ordinary and customary contracts with Czech Area Concertina Club, Dakota County CDA, McLeocIUSA Telecommunications Service, LLC, and Argosy University. E. It was recommended to approve a resolution to accept donations from Keith Maiz, the Minnesota Valley In -Fisherman Club and the Eagan Hockey Association. F. It was recommended to approve a temporary on -sale liquor license for Faithful Shepherd Catholic School, 3355 Columbia Drive, on April 26, 2019. G. It was recommended to authorize the purchase of a replacement fire engine from Fire Safety USA. H. It was recommended to approve a one-year extension of Preliminary Subdivision approval for Epic Real Estate Partners LLC to create two lots upon approximately 6.8 acres located at 1276 Town Centre Drive. I. It was recommended to approve a Final Subdivision (Eagan Senior Living) to create two lots upon approximately 39 acres located at 3355 Discovery Road. It was recommended to approve a Final Planned Development for the development of a 4 -story senior housing facility with a preschool upon approximately 7.9 acres located in the NE quadrant of Lexington Avenue and Yankee Doodle road. J. It was recommended to approve the final payment for Contract 16-22 (Vikings Parkway — Street and Utility Improvements) in the amount of $158,969.10 to Frattalone Companies, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. K. It was recommended to receive the bids for Contract 19-05 (Pond DP -3 Improvements) and award a contract to S.M. Hentges for the base bid in the amount of $439,880.30 and authorize the Mayor and City Clerk to execute all related documents. L. It was recommended to approve a Construction Services Contracting Agreement with Pautz Construction Services, Inc., and authorize the Mayor and City Clerk to execute all related documents. M. It was recommended to approve the implementation of an Adopt -A -Storm Drain program. N. It was recommended to approve a Joint Powers Agreement through December 31, 2021 with Eagan -Inver Grove Heights Watershed Management Organization (EIGHWMO) for watershed - based funding of grant projects and authorize the Mayor and City Clerk to execute all related documents. 0. It was recommended to approve the 2018-2019 Master Water Stewards Program Agreement with Freshwater Society and authorize the Mayor and City Clerk to execute all related documents. P. It was recommended to approve the Vulnerability Assessment and Emergency Response Plan review from SL-Serco and authorize the Mayor and City Clerk to execute all related documents. Q. It was recommended to approve Change Order #8 for Project 18-06, Police Department and City Hall Renovation. R. It was recommended to amend the 201-2023 Parks Capital Improvement Plan budget to allow for the additional appropriations to cover the construction costs of Project 19-08, Trapp Farm Park Shelter Building. S. It was recommended to receive the bid for Contract 19-08 (Trapp Farm Park Building Construction and Related Site Work); Award the contract to JT Egner Construction for the base bid amount of $884,200; and authorize the Mayor and City Clerk to execute all related documents. T. It was recommended to accept a $103,157.00 Federal High -Intensity Drug Trafficking Grant on behalf of the Dakota County Drug Task Force. City Council Meeting Minutes March 5, 2019 3 page U. It was recommended to approve the first amendment to a JPA between Dakota Valley Recycling, Dakota County, and participating cities for 2019 Waste Abatement Community Funding. PUBLIC HEARINGS Lot 1, Block 6, Gardenwood Ponds — Easement Vacation City Administrator Osberg introduced the item noting on December 14, 2018, City staff received a petition to consider a vacation of a portion of an existing public drainage and utility easement on Lot 1, Block 6, Gardenwood Ponds. Public Works Director Matthys gave a staff report and provided a site map. The applicant was available for questions. 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 vacation of a portion of a public drainage and utility easement on Lot 1, Block 6, Gardenwood Ponds (825 Bear Paw Trail). Aye: 5 Nay: 0 Lot 1, Block 1, Blue Gentian Corporation Center — Easement Vacation City Administrator Osberg introduced the item noting on January 18, 2019, City staff received a petition requesting the vacation of portions of previously recorded easements on Lot 1, Block 1, Blue Gentian Corporate Center. The purpose of the request is to allow the development of the site for a Costco warehouse club. Public Works Director Matthys gave a staff report and provided a site map. 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 close the public hearing and approve the vacation of drainage and utility easements on Lot 1, Block 1, Blue Gentian Corporate Center. Aye:5 Nay:0 Certification of Delinquent Utilities City Administrator Osberg introduced the item noting the action to be considered is to close the public hearing and approve the final assessment roll for delinquent utility bills an authorize its certification. At the February 5, 2019 City Council meeting, a public hearing was scheduled for the March 5, 2019 City Council meeting. Osberg noted the City currently has approximately 802 utility bill accounts with delinquent balances. The assessable amount of these accounts is $194,700.50. City Council Meeting Minutes March 5, 2019 4 page 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 and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. Aye: 5 Nay: 0 Certify Delinquent Nuisance Abatement Bills City Administrator Osberg introduced the item noting at the February 5, 2019 City Council meeting, a public hearing was scheduled for the March 5, 2019 City Council meeting. The City has 7 properties with delinquent false alarm invoices. The proposed assessment role includes a delinquent refuse removal bill and assessment for a court-ordered nuisance abatement. The assessable amount of the delinquent invoices is $4,685.00. 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: 5 Nay: 0 OLD BUSINESS Ordinance Amendment Relative to R -IS Bulk Standards — City of Eagan City Administrator Osberg introduced the item noting at the Joint Advisory Planning Commission (APC) and City Council Workshop on June 12, 2018, the Council directed the APC to consider revisions to the R - 1S ordinance. The APC discussed the R -1S ordinance at several workshops. At the January 8, 2019 Special City Council meeting, the Council reviewed the proposed changes and directed staff to initiate the Ordinance Amendment process. City Planner Ridley gave a staff report and 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 Tilley seconded a motion to approve an Ordinance Amendment to Chapter 11, Section 11.60, relative to the R -1S Zoning Category Bulk Standards. Aye: 5 Nay: 0 Ordinance Amendment and Fee Schedule Amendments — Micro/Small Wireless Telecommunication Facilities City Administrator Osberg introduced the item noting the Council saw this item at their February 12, 2019 Special City Council workshop where an update on the status of micro/small cell wireless antenna City Council Meeting Minutes March 5, 2019 5 page installations within the public right-of-way by private telecommunication companies within the City's boundaries was given. Public Works Director Matthys summarized the proposed ordinance amendment and fee schedule changes. He noted staff received comments from two telecommunication providers with regards to the proposed ordinance amendment and fee schedule changes. After staff review, no changes are proposed to the ordinance language, but there is one change to the fee schedule - staff would suggest allowing more time to review. With regards to the fee schedule, staff is suggesting under the Small Wireless Facility the Rental Fee on Collocation on city -owned structure at $270 per year, per facility be removed from any action this evening. The Council discussed the proposed amendment and fee schedule. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve Ordinance Amendments to Chapter 7 — Section 7.06, Public Right -of -Way Regulation for consideration to regulate telecommunications right-of-way users' installations of micro/small wireless telecommunication facilities within public right-of-way and direct City Attorney to publish the Ordinance Amendment summary in the legal newspaper. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve amendments to the 2019 Fee Schedule, Right -of -Way Permit and Management Fees — Small Cell Wireless Facility as amended. Aye:5 Nay:0 NEW BUSINESS Planned Development Amendment for The Preserve at Cedar Grove — Commercial Investment Properties City Administrator Osberg introduced the item noting this item was before the Council at their February 5, 2018 Council meeting. The Council is being asked to consider approval of a Planned Development Amendment to remove the restaurant use, increase the number of residential units and other modifications as noted. The second item for Council consideration is approval of an Amendment to Final Development Agreement for The Preserve at Cedar Grove, and thirdly to approve an Encroachment Agreement for the Preserve at Cedar Grove. City Planner Ridley gave a staff report and provided a site map. The applicant, Charlie Sullivan, Commercial Invest Properties, was available for questions. The Council discussed the proposed Planned Development Amendment. Councilmember Bakken noted his concerns with eliminating the restaurant component from the Planned Development. Mayor Maguire opened the public comment. There being no public comment he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to remove the restaurant use, increase the number of residential units from City Council Meeting Minutes March 5, 2019 6 page 151 to 172, and associated modifications located at 3903 Cedar Grove Parkway, subject to the following conditions: Aye: 4 Nay: 1 (Bakken) An Amendment to the Final Planned Development Agreement shall be executed for the development prior to issuance of a building permit. The following plans are necessary for the Agreement: • Final Site Plan • Final Building Elevations • Final Landscape Plan • Final Signage Plan • Final Site Lighting Plan 2. Trash storage shall be located within the building. 3. The development shall incorporate sound attenuation construction standards in the walk-up units that have front doors to the public streets in order to achieve at least a 19 dBa reduction in interior noise levels in such walk-up units. 4. All site lighting shall be shielded and downcast, and illumination consistent with CGD zoning standards. The mounting height for site lighting shall not exceed the CDG maximum of 20 feet. 5. All primary and secondary materials shall be integrally colored. The cast in place concrete shall have a decorative treatment that is integral to the material. 6. Consistent interior window treatments shall be provided within the multiple residential building, for windows that are visible from a public street or open space. 7. A Sign Permit shall be required prior to the installation of all signs, both building mounted and monument signs. 8. This development shall be allowed one monument sign at the northeast corner of the site (at Rahn Road and Eagan Outlets Parkway intersection). The monument sign shall be subject to compliance with the design standards in the City Code, including the minimum 10' setback from property lines and a location that does not conflict with easements. 9. Building signage shall be consistent with what is shown on the Building Elevations, with the design and type of sign construction in compliance with City Code standards. 10. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. 11. Rooftop mechanical units shall be shown on the plans submitted for Building Permit, with screening provided in accordance with City Code requirements. 12. The applicant shall design, install, and maintain, a landscape monument at the intersection of Rahn Road and Cedar Grove Parkway, consistent with design of city owned monuments being City Council Meeting Minutes March 5, 2019 7 page installed in the area along Silver Bell Road, Nicols Road, and cedar Grove Parkway, as shown in the applicant's entrance monument concept in the landscape plan dated 1/12/18. 13. The applicant shall enter into an encroachment and maintenance agreement for the landscape monument, in a form acceptable to the City Attorney prior to execution of the Amended Final Planned Development. 14. Landscaping trees shall be planted in the City right-of-way between the curb and trail along Cedar Grove Parkway, by the developer, in a manner acceptable to the City Forester, and consistent with the other developed areas along Cedar Grove Parkway. 15. This development shall satisfy required tree mitigation through the on-site planting of four (4) Category B trees. 16. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to issuance of Building Permit. 17. 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. 18. All personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 19. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 20. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies. 21. The applicant shall be responsible to re -stripe all adjacent streets to accommodate this development, in a manner acceptable to the City Engineer. 22. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 23. Any construction activities that damage public infrastructure shall be restored or by the applicant in a manner acceptable to the City Engineer. 24. No entrance monuments or retaining walls shall be allowed within a drainage and utility easement. City Council Meeting Minutes March 5, 2019 8 page 25. Electrical power shall be extended from the street lighting system to the entrance monument for future lighting or other needs. 26. The applicant shall enter into an encroachment agreement for the entrance monument to be located within the drainage and utility easement, in a form acceptable to the City Attorney. 27. The applicant shall provide an easement for the landscape monument at the intersection of Rahn Road and Cedar Grove Parkway, in a form acceptable to the City Attorney. 28. The applicant shall obtain a right-of-way permit for any work within the right-of-way, and be responsible to restore the street, curb and gutter, trail/sidewalks, and boulevard in a manner acceptable to the City Engineer. 29. The applicant shall provide an easement of sufficient size to allow access and maintenance along the parking garage adjacent to this property, in a form acceptable to the City Attorney. 30. The applicant shall be responsible to repair or reconstruct any pedestrian facility damaged during construction activities in a manner acceptable to the City Engineer. 31. The applicant shall provide a sidewalk easement over the public sidewalk along the parking garage, and a trail easement along Cedar Grove Parkway, in a form acceptable to the City Attorney. 32. The applicant shall relocate the existing MVTA bus stop and construct a concrete pedestrian area between the trail and curb, in a manner acceptable to the City Engineer. 33. No construction equipment or vehicles shall use the Cedar Grove Parking Garage during development of this site. 34. All perimeter construction fencing shall be installed a minimum of 5' behind the curb between Nov. 15 and April 15. 35. No construction staging, or construction activities shall occur in the right-of-way. 36. No lane or shoulder restrictions shall occur on any adjacent roadways without prior approval by the City Engineer. 37. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). The applicant shall provide a civil drawing plan for outside plant (including handholes and conduit path) work as well as an electrical plan for inside plant work to be reviewed and approved by City staff. This development shall include the installation of fiber optic cable in its construction plans at the time of Building Permit. 38. The applicant shall install public street lighting, with a style and spacing consistent with the surrounding corridor, along Cedar Grove Parkway, Rahn Road, and Eagan Outlets Parkway. City Council Meeting Minutes March 5, 2019 9 page 39. The street lighting plans and specifications shall be approved by the City prior to the issuance of a building permit. 40. The applicant shall install privately owned and maintained pedestrian light bollards, with a design consistent with the trail lighting along Central Parkway, along the public sidewalk adjacent to the parking garage. 41. All existing public street lighting wiring shall not be damaged during construction activities. In the event any damage occurs, repairs or replacement shall be performed in a manner acceptable to the City Engineer. 42. The applicant shall obtain all outside agency permits as necessary for completion of the site improvements. 43. Turning movements through both parking lots using the specifications from Eagan's largest fire truck shall be verified to ensure adequate access through the site. 44. Sight distances shall be maintained at each driveway and street intersection in a manner acceptable to the City Engineer. 45. To be consistent with State Aid design guidelines, a two foot minimum clear zone shall be maintained along all public sidewalks and trails, and their cross slope shall not exceed 2%. 46. The existing city owned irrigation at Rahn Road and Cedar Grove Parkway shall be removed and/or abandoned in a manner acceptable to the City Engineer. 47. The applicant shall be responsible for cash park and trail dedications, payable at the time of Building Permit at the rates then in effect. The 2019 rate for park dedication is $3,475 per unit; and the 2019 rate for trail dedication is $1,289 per net acre. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve an Amendment to Final Planned Development Agreement for The Preserve at Cedar Grove. Aye: 5 Nay: 0 Councilmember Hansen moved, Councilmember Fields seconded a motion to approve an Encroachment Agreement for The Preserve at Cedar Grove. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA CITY COUNCIL Mayor Maguire gave a shout out and credit to our Public Works and Police Departments for their service over the month of February, noting it has been a very difficult month with all of the snow, and both have done a great job of keeping our roads open and safe. City Council Meeting Minutes March 5, 2019 10 page There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Hansen moved, Councilmember Tilley seconded a motion to adjourn the meeting at 7:22 p.m. Aye: 5 Nay: 0 3 - vo. - �q Date 46k� Mayor av'�'04�G� City Clerk ��