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05/21/2013 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota MAY 21, 2013 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, May 21, 2013 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, Assistant Finance Director Feldman, Director of Community Development Hohenstein, Director of Public Works Matthys, City Planner Ridley, Communications Director Garrison, Director of Parks and Recreation Johnson, Superintendent of Operations Mesko, Fire Chief Scott, Police Chief McDonald and Executive Assistant Stevenson. AGENDA Mayor Maguire took a moment to acknowledge the severe tornado that hit Moore, Oklahoma and passes along sympathies to the families. 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 presentation. CONSENT AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of April 29 -30, 2013 and May 7, 2013. B. Personnel Items 1. It was recommended to accept the resignation of Officer Patrick Hogan and authorize hiring his replacement. 2. It was recommended to approve the hiring of seasonal employees in Parks & Recreation, Forestry, Streets and Utilities. C. It was recommended to approve check registers dated May 3 and 10, 2013. D. It was recommended to award the Contract to MP Nexlevel LLC for the extension of AccessEagan fiber into the Cedar Grove Redevelopment Area and authorize the Mayor and City Clerk to execute all related documents. E. It was recommended to direct staff to prepare an Ordinance Amendment to City Code Chapter 11 regarding lawful nonconformities. F. It was recommended to cancel the June 18, 2013 regular City Council meeting. G. It was recommended to appoint William Ische to a 2 -year term on the Energy and Environment Advisory Commission. H. It was recommended to appoint Dennis Thomson to a 2 -year term on the Advisory Parks and Recreation Commission. City Council Meeting Minutes May 21, 2013 2 page I. It was recommended to award City Contract No. 13 -13 (Municipal Well Sealing Improvements). J. It was recommended to approve the Easement Agreement, City Project 1116 (Duckwood Crossing / Crestridge Drive Street Improvements). K. Item removed L. It was recommended to approve Change Order No. 1 for City Contract No. 13 -02 (Citywide Street Improvements). M. It was recommended to approve Extended Work Hours for June 17 -22, 2013 - County Project No. 30 -24 (Diffley Road Overlay Improvements— Heine Strasse to Burnsville border). N. It was recommended to award City Contract No. 13 -15 (Glacier Hills Elementary Bioretention & Swale Project). 0. It was recommended to approve City Contract No. 13 -14, Well Rehabilitation. P. It was recommended to approve Plans and Specifications & Authorize Advertisement for Bids, City Contract No. 13 -16 (Inflow & Infiltration Mitigation Improvements). Q. It was recommended to approve Plans and Specifications & Authorize Advertisement for Bids, City Contract No. 13 -17 (Citywide Sanitary Sewer Improvements). R. It was recommended to direct preparation of an ordinance amendment to City Code Chapter 6.34 relative to tobacco sampling. S. It was recommended to approve Shows License, Off Site Gambling Permit and Temporary On -Sale Liquor license for the July 4t" Funfest and waive license, permit and rental fees. T. It was recommended to approve the Final Subdivision and Final Planned Development for Stonehaven 6th Addition. U. It was recommended to adopt a resolution accepting a Microchip Scanner from the American Kennel Club. V. It was recommended to adopt a resolution accepting 50 dog and cat vaccines from Boehringer Ingelheim, the Animal Rescue Site, and the PetFinder Foundation. W. It was recommended to approve an expansion of the contract for Temporary Building Inspection Services. X. It was recommended to approve AccessEagan non - exclusive Access and Use Agreement with Frontier Communications. 2012 COMPREHENSIVE ANNUAL FINACIAL REPORT City Administrator Osberg introduced the item noting the Council is asked to receive and accept the 2012 Comprehensive Annual Financial Report and to direct the Finance Committee to review options for long -term financial strategies for the capital and operating needs of the Civic Arena and Cascade Bay. Finance Director Pepper introduced Janel Bitzan, an auditor with Kern, DeWenter, Viere, Ltd., who gave a presentation summarizing the financial report. Pepper and Bitzan were available for questions. The Council discussed the financial report. The City Council directed the Finance Committee to review options for long -term financial strategies for the capital and operating needs of the Civic Arena and Cascade Bay. Mayor Maguire asked if anyone in the audience would like to comment on the annual financial report. There being no public comment, he turned the discussion back to the Council. City Council Meeting Minutes May 21, 2013 3 page Councilmember Hansen moved, Councilmember Tilley seconded a motion to receive and accept the 2012 Comprehensive Annual Financial Report. Aye: 5 Nay: 0 PUBLIC HEARINGS LOT 1, BLOCK 1, BOB MARTIN ADDITION DRAINAGE & UTILITY EASEMENT VACATION City Administrator Osberg introduced the item noting the Council is asked to close the public hearing for the vacation of a public drainage and utility easement. Osberg noted this is part of the New Business Item B to allow the current business, Catallia Mexican Foods, to construct an addition near the south east corner of the existing building. Public Works Director Matthys gave a staff report. 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 for the vacation of a public drainage and utility easement located on Lot 1, Block 1, Bob Martin Addition. Aye:S Nay:O OUTLOT D, STONEHAVEN 51" ADDITION DRAINAGE & UTILITY EASEMENT VACATIONS City Administrator Osberg introduced the item noting the Council is asked to approve the vacation of a public drainage and utility easement located on Outlot D, Stonehaven 5th Addition. The application was received on April 8, 2013 from US Home Corporation, requesting the vacation. Osberg noted the vacation was reviewed by the Public Works Department and found to be in order. Public Works Director Matthys gave a staff report. 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 approve the vacation of a public drainage and utility easement located on Outlot D, Stonehaven 5th Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 LOTS 2, 3, 4 AND 5, BLOCK 1, SAFARI AT EAGAN 3RD ADDITION DRAINAGE & UTILITY EASEMENT VACATION City Administrator Osberg introduced the item noting the Council is asked to close the public hearing for the vacation of a public drainage and utility easement on Lots 2, 3, 4 and 5, Block 1 of the Safari Addition. Osberg noted on March 20, 2013, staff received a petition from Ryan McCabe, President, RMTS2 Investments, LLC, requesting the vacation in conjunction with the final plat, which is to be considered at a future meeting. Public Works Director Matthys gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. City Council Meeting Minutes May 21, 2013 4 page Councilmember Tilley moved, Councilmember Hansen seconded a motion to close the public hearing for the vacation of public drainage and utility easements located on Lots 2, 3, 4 and 5, Block 1, Safari at Eagan 3rd Addition. Aye: 5 Nay: 0 OLD BUSINESS RECEIVE BIDS AND APPROVE RESOLUTION AWARDING THE SALE OF TAXABLE GENERAL OBLICATION TAX INCREMENT BONDS, SERIES 2013A City Administrator Osberg introduced the item noting with the help of Dave McGillivray from Springsted Incorporated bids were opened for $12,565,000 bonds to help finance the structured parking facility adjacent to the Paragon Outlets project and other outlots to be developed in the Cedar Grove TIF District. Dave McGillivray from Springsted Incorporated presented the results of the sale. Mayor Maguire asked if anyone in the audience would like to comment on the item. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the resolution awarding the sale of $12,390,000 Taxable General Obligation Tax Increment Bonds, Series 2013A. Aye: 5 Nay:0 Councilmember Bakken moved, Councilmember Fields seconded a motion to engage Springsted, Inc. to perform future continuing disclosure reporting and arbitrage rebate calculation requirements for the bonds. Aye: 5 Nay:0 NEW BUSINESS PRELIMINARY SUBDIVISION (SAFARI AT EAGAN 4" ADDITION) — RMTS2 INVESTMENTS, LLC; SAFARI OFFICE SUITES ASSOCIATES; OLSON COMMERCIAL PROPERTIES, LLC City Administrator Osberg introduced the item noting the Council is asked to approve or direct findings of fact for denial of a preliminary subdivision to create four lots, and to direct preparation of an encroachment agreement to be returned for future Council consideration. Osberg noted the owners wish to eliminate the common property and create four parcels to be owned independently, for the purpose of dissolving the Association. City Planner Ridley gave a staff report noting at this time the applicant has requested to not dedicate the typical drainage and utility easement along the common lot line between Lots 3 and 4. Ridley noted an additional condition of approval should be added to the Preliminary Subdivision that states: "Any future development upon Lot 4 will require a Planned Development Amendment, and dedication of the drainage and utility easement will be addressed at that time." Attorney Molly Gherty, on behalf of the applicant, was available for questions. The Council discussed the request. City Council Meeting Minutes May 21, 2013 5 page Mayor Maguire asked if anyone in the audience would like to comment on the study. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision to create four lots upon 2.49 acres for property located at 1575, 1580, 1585 and 1590 Thomas Center Drive, subject to the following conditions as amended: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, B2, B3, B4, C1, C2, C3, D1, and E1 2. The property shall be platted. 3. Prior to final plat approval, the applicant shall have applied for and the City Council shall have approved the vacation of public drainage and utility easements for Safari at Eagan 3rd Addition. 4. Public drainage & utility easements on the Safari at Eagan 4t" Addition plat shall match the dedication of the Safari at Eagan 3rd Addition plat, except for the area no longer required due to relocation of a fire hydrant. Public drainage and utility easements, at least 10' in width, shall also be provided along all property lines of each individual lot. 5. Prior to final subdivision approval, the applicant shall have entered into an encroachment agreement with the City, in a form acceptable to the City Attorney, to permit existing building encroachments within drainage and utility easements. 6. Upon development of Lot 4, building placement shall meet a minimum 10' setback from the side lot lines and a minimum 22% green space shall be maintained. 7. A minimum level of green space must be maintained for each lot as follows: Lot 1— 32 Lot 2 — 33% Lot 3 — 23% Lot 4 — 22% 8. Cross easements for ingress /egress and shared parking among the four lots and the adjacent lot to the north (Lot 1, Block 1, Life Time Fitness Addition) shall be executed in a form acceptable to the City Attorney. 9. An Amendment to the Final Planned Development Agreement shall be executed eliminating the requirement for an association. 10. Any future development upon Lot 4 will require a Planned Development Amendment, and dedication of the drainage and utility easement will be addressed at that time. Councilmember Hansen moved, Councilmember Tilley seconded a motion to direct preparation of an encroachment agreement to be returned for future Council consideration. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT AND VARIANCES — CATALLIA MEXICAN FOODS City Administrator Osberg introduced the item noting the Council is asked to approve a Conditional Use Permit to allow the outside storage, approve three Variances, and approve the Vacation of public drainage and utility easement. Osberg noted the Advisory Planning Commission recommended approval at the April 23rd meeting. City Planner Ridley gave a staff report noting there was no City Code requirement for minimum green space at the time the site was developed and the proposal results in a reduction in green space from 16% to 15 %. Harold Gooch, CFO Catallia Mexican Foods, addressed the Council giving a summary of the City Council Meeting Minutes May 21, 2013 6 page request and was available for any questions. Dennis Otten, Cargill Process Engineer was also available for questions. The Council discussed the request. Mayor Maguire asked if anyone in the audience would like to comment on the request. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to allow outside storage of a liquid nitrogen tank for property located at 2965 Lone Oak Circle, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. This Conditional Use Permit shall replace the existing and all former Conditional Use Permits for the property. 3. Trash receptacles shall be kept either inside the building or within an enclosure constructed according to City Code standards. A revised Site Plan shall show the trash enclosure if one is to be constructed. The trash receptacle may be enclosed with screening similar to the nitrogen tank for up to five years from the date of City Council approval. Thereafter any trash /recycling storage shall meet all City Code requirements. 4. Any rooftop equipment shall be screened per City Code requirements. 5. The applicant shall submit a revised Site Plan that incorporates the two existing ash trees, clarifying no net loss of over -story plantings on the site. 6. The concrete swale shall be constructed with separation from the existing sanitary sewer manhole. 7. The property owner shall be responsible to repair the concrete swale in the event it is damaged during maintenance or repairs to the nearby utilities. 8. A Sign permit shall be obtained prior to installation of building signs. 9. A building permit shall be required prior to construction of the nitrogen tank and vaporizer, subject to building and fire code requirements. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the following Variances for the property located at 2965 Lone Oak Circle, with the following conditions: Aye: 5 Nay: 0 16 foot Variance to the required 20 food side yard setback: • 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. • A building permit shall be required prior to construction of the building. • The building shall not exceed the size shown on the proposed Site Plan received April 3, 2013. • The applicant shall apply for and obtain approval by the City Council to vacate the drainage and utility easement around the building footprint and footings prior to receiving a Building Permit. • The concrete swale shall be constructed with separation from the existing sanitary sewer manhole. • The property owner shall be responsible to repair the concrete swale in the event it is damaged during maintenance or repairs to the nearby utilities. City Council Meeting Minutes May 21, 2013 7 page • Variance of 40% to the 25% green space requirement; and • Variance to exceed the 35% maximum building coverage requirement to allow 36.5% building coverage. Variance of 40% to the 25% green space requirement: 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. Variance to exceed the 35% maximum building coverage requirement to allow 36.5% building coverage: 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. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the vacation of public drainage and utility easement located on Lot 1, Block 1, Bob Martin Addition, and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 LEGISLATIVE/ INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative /intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA CITY COUNCIL COMMENTS Mayor Maguire noted at the Dakota County City Mayor /Manager meeting last week, Red Cross Regional Chair Phil Hansen gave a presentation that gave an overview of Red Cross disaster services, community preparedness and resiliency programs, and other programs available from the Red Cross. Mayor Maguire encouraged everyone to look into the program, particularly in light of the recent tornado in Oklahoma. DIRECTOR OF PUBLIC WORKS Director of Public Works Matthys noted this is Public Works week. DIRECTOR OF COMMUNITY DEVELOPMENT Director of Community Development Hohenstein noted Clover Leaf Cold Storage has acquired the former US Foods warehouse in the Eagandale Industrial Park. City Council Meeting Minutes May 21, 2013 8 page There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:51 p.m. Aye: 5 Nay: 0 (.0- q-- L3 Date i� Z! i C ae?,xk. G41 Cleo-k