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04/16/2014 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota APRIL 16, 2014 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. A regular meeting of the Eagan City Council was held on Wednesday, April 16, 2014 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, Communications Coordinator Foote, Director of Finance Pepper, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Director of Parks & Recreation Johnson, Police Chief McDonald, Fire Chief Scott and Executive Assistant Stevenson. AGENDA City Administrator Osberg noted on Consent Item K. - Safari at Eagan 4th Addition, there is a revision to the green space calculations. The Administrative Agenda, under Director of Public Works, will include the addition of Item 1— the Cedar Grove Parking Garage Change Order. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION Director of Parks & Recreation Johnson recognized and presented a plaque to Cherryl Mesko, Superintendent of Operations, for her 26 years of service to the City of Eagan. Ms. Mesko thanked the City for the opportunity to serve. The City Council thanked Ms. Mesko for her service to the City. CONSENT AGENDA Councilmember Fields moved,.Councilmember Tilley seconded a motion to approve the Consent Agenda as amended: Aye: 5 Nay: 0 Mayor Maguire pulled Item R. for further comment. A. It was recommended to approve the minutes of April 1, 2014 regular City Council meeting and April 8, 2014 Special City Council meeting. B. Personnel Items 1. It was recommended to approve the hiring of the Parks & Recreation Part -time Marketing Assistant /Clerical Technician. 2. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation. C. It was recommended to approve check registers dated March 28 and April 4, 2014. D. It was recommended to approve a professional services agreement with Mohagen Hansen Architectural Group for architectural services associated with Old Town Hall. E. It was recommended to approve setting the interest rate for special assessments levied in 2014 at 4.0 %. City Council Meeting Minutes April 16, 2014 2 page F. It was recommended to reschedule the May 6, 2014 Listening Session and Regular City Council meeting to May 5, 2014. G. It was recommended to approve a change in management of the West End Fishing and Hunting Club, Inc. dba West End Fishing and Hunting Club's on -sale 3.2 percent Malt Liquor (Beer) License. H. It was recommended to approve a temporary on -sale liquor license and waive the license fee for the Eagan Foundation's Wine Tasting and Silent Auction on June 19, 2014 at the Eagan Community Center, 1501 Central Parkway. I. It was recommended to approve a resolution to accept a grant from the Metropolitan Regional Arts Council in the amount of $5,000 for a Community Arts Grant. J. It was recommended to approve a resolution to accept donation of portable dasher board system from the Eagan Hockey Association for use at the Eagan Civic Arena. K. It was recommended to approve an easement vacation of public drainage and utility easements within Lots 2, 3, 4 & 5, Block 1, Safari at Eagan 3rd Addition and to approve a final subdivision for Safari at Eagan 4t" Addition to create four lots upon 2.49 acres located at 1575, 1580, 1585 and 1590 Thomas Center Drive. L. It was recommended to approve a Plat Correction for Cedar Grove Parkway 3rd Addition, located at 3825 Cedar Grove Parkway, and authorize the Mayor and City Clerk to execute all related documents. M. It was recommended to approve a Final Plat for R A Jensen First Addition to create one lot upon 2.0 acres located at 3840 Rahn Road (previously 3840 Sibley Memorial Hwy). N. Item removed. 0. It was recommended to approve a Joint Powers Agreement with Dakota County for Contract 14 -04 (TH 55 / TH 149 Traffic Capacity & Safety Improvements) and authorize the Mayor and City Clerk to execute all related documents. P. It was recommended to approve a Signal Maintenance Agreement with MnDOT for Contract 14 -04 (TH 55 / TH 149 Roadway Safety & Capacity Upgrade — Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. Q. It was recommended to approve a resolution requesting the Minnesota Commissioner of Transportation's approval of the designation of existing street segments on the City of Eagan's Municipal State Aid (MSA) roadway system. R. It was recommended to approve a lease agreement between the City of Eagan and St. Croix Harley Davidson for one 2014 Harley Davidson Motorcycle. PUBLIC HEARINGS There were no public hearing items to be heard. OLD BUSINESS PLANNED DEVELOPMENT AMENDMENT — MFC PROPERTIES (TOWN CENTRE SHOPPES) City Administrator Osberg noted this request was before the Council on February 3 and March 18, 2014, and was continued to allow the applicant time to address green space and vehicle maneuvering concerns. City Planner Ridley gave a staff report and provided details on drive through Option C. City Council Meeting Minutes April 16, 2014 3 page The Council discussed the amendment. The applicant was available for questions. 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 approve a Planned Development Amendment to add a drive - through facility upon property located at 3450 Denmark Avenue, subject to the following conditions as amended: Aye: 5 Nay: 0 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 following exhibits: • Site Plan 2. A Building Permit shall be obtained prior to construction of the new door opening. 3. A plan detail for the pedestrian guard rail between the drive through lane and the existing drive aisle shall be provided for staff review and approval, to be incorporated into the PD Amendment Agreement. 4. "Right turn only" signs shall be installed at the drive - through exit, including a right turn only pavement marking as shown on Exhibit C. The signs should be indicated on a revised Site Plan for the PD Amendment Agreement, and installed before the drive - through is opened for customer use. PRELIMINARY SUBDIVISION, REZONING AND PRELIMINARY PLANNED DEVELOPMENT— HILTON HOME2 SUITES OF EAGAN /MORRISSEY GROUP AND EAGAN ECONOMIC DEVELOPMENT AUTHORITY City Administrator Osberg introduced the item noting the Council will be asked to consider a Preliminary Subdivision, Rezoning and Preliminary Planned Development for Hilton Home2 Suites of Eagan. On April 1, 2014, this item was before the Council for consideration and was continued at the request of the applicant. The applicant has submitted a revised building elevation in response to the City Council's comments. City Planner Ridley gave a staff report noting at the April 1" meeting, the Council directed the ratio of primary building materials should be increased with the target being to achieve at least 50% primary materials. The revised ration of primary materials is 48 %. Bill Morrissey, applicant, noted after further review and hard work, they have found a way to get to at least the 50% primary building materials. Mr. Morrissey provided a revised drawing showing the additional 2% primary building materials. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. City Council Meeting Minutes April 16, 2014 4 page Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Preliminary Subdivision (Cedar Grove Parkway 4t" Addition) to create two lots upon 1.8 acres legally described as Lot 2, Block 1, Cedar Grove Parkway 2nd Addition, located along Cedar Grove Parkway between Fen Way and River Valley Way, subject to the following conditions: 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, C4, D1, and E1. 2. The property shall be platted. 3. The applicant shall maintain erosion control, re -grade the site, and establish turf on Lot 2, Block 1, Cedar Grove Parkway 4th Addition, during and after construction, as required by the City Engineer and at no cost to the City. 4. Lot 2 shall be vacated upon issuance of the Lot 1 Certificate of Occupancy, the sale of Lot 2, or within 30 days written request by the City. 5. No construction equipment or vehicles shall use the parking garage during development of this site. 6. 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 (IVINDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion /Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 7. A storm sewer catch basin or manhole shall be provided at the right -of -way line at the Cedar Grove Parkway entrance between Lots 1 and 2 for future extension into Lot 2. 8. The developer shall be responsible to restore the street, curb and gutter, and boulevard damaged by installation of the water main service along Cedar Grove Parkway in a manner acceptable to the City Engineer. 9. 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. 10. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 11. The front door canopy shall provide a minimum 12' clearance for public safety vehicles. 12. The driveway between Lot 1 and 2 shall provide shared access for both properties. 13. The exit lane on Lot 2 shall be constructed by the developer. 14. A private access agreement shall be required to allow access and circulation between Lots 1 and 2 in a form acceptable to the City Attorney. 15. The connection to the parking garage shall be aligned with the drive aisles within the garage, be a minimum of 28' wide, (24' drive aisle centered within a 28' opening into the garage), provide access into and out of the garage, and a "clearance bar" installed to limit large vehicles. 16. The developer shall install bollards at the pedestrian connection to the parking garage. 17. The developer shall extend the public concrete sidewalk in the Cedar Grove Parkway right - of -way through the site. 18. Streets lights shall be extended through the site by the developer. City Council Meeting Minutes April 16, 2014 5 page 19. Public drainage & utility easements at least 10' in width shall be dedicated on both sides of all public utilities, and 10' easements shall be dedicated along all lot lines. 20. The developer shall obtain all outside agency permits as necessary for completion of the site improvements. 21. Off -site street trees shall be shown on the Final Landscape Plan to illustrate how the streetscape and on -site landscaping work together. 22. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. 23. The monument sign location shall be at least 10' from the property line and outside of the utility easement area. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Rezoning from CGD (Cedar Grove District) to PD (Planned Development) for proposed Lot 1, Block 1, Cedar Grove Parkway 4t" Addition, located along Cedar Grove Parkway between Fen Way and River Valley Way. Aye:5 Nay:O Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Preliminary Planned Development for proposed Lot 1, Block 1, Cedar Grove Parkway 4t" Addition, to allow a four - story, 123 -unit hotel located along Cedar Grove Parkway between Fen Way and River Valley Way, subject to the following conditions as amended: Aye: 5 Nay: 0 1. A Preliminary Planned Development Agreement shall be executed. The following exhibits shall be made part of the Agreement: • Preliminary Site Plan • Preliminary Landscape Plan • Preliminary Building Elevations Plan • Preliminary Site Lighting Plan • Preliminary Signage Plan 2. The property shall be platted. 3. Rooftop mechanical units shall be shown on the Building Elevations at the time of building permit, and placement of units 20' from the building edge and parapet height shall be demonstrated on the permit plans. If these measures alone do not fully screen some equipment, additional screening measures shall be employed in accordance with City Code. 4. The building finish materials shall meet at least 50% use of primary materials and not more than 30% use of secondary materials per the elevation drawing introduced at the 4 -16 -14 City Council meeting. 5. All primary and secondary exterior building finish materials shall be integrally colored stucco, stone and cement fiber board. 6. Detailed sign plans shall be submitted with the application for Final Planned Development including dimensions, type of construction, and how the signs are to be lit. Conformance with City Code standards will be confirmed at that time. All signs shall require a Sign Permit prior to installation. 7. Building signage shall be allowed to be located on the north, east and west sides of the building. 8. The monument sign location shall be at least 10' from the property line and outside of the utility easement area. The base shall be masonry to match the principal building. Design City Council Meeting Minutes April 16, 2014 6 page plans for the monument sign should be provided at the time of Final Planned Development, and conformance with the CGD design standards confirmed at that time. 9. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. 10. Off -site street trees shall be shown on the Final Landscape Plan to illustrate how the streetscape and on -site landscaping work together. 11. A Photometric Lighting Plan shall be provided at the time of Final Planned Development, illustrating levels of illumination in conformance with CGD standards. NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT AND PRELIMINARY SUBDIVISION (EAGAN PROMENADE 4T" ADDITION) — CHICK -FIL -A City Administrator Osberg introduced the item noting the Council is being asked to consider a Planned Development Amendment to allow the subdivision and addition of a building and a restaurant use with drive - through service within the Eagan Promenade Planned Development, and a Preliminary Subdivision to create two lots upon 2.63 acres located at 3380 Denmark Avenue. City Planner Ridley gave a staff report noting the Advisory Planning Commission's feedback on the request. Jason Hill, Chick- fil -A, provided the company history of business operations and a summary of the request. Joe Vavrina, engineer, addressed the concerns of the Advisory Planning Commission regarding traffic circulation on and around the site, detached trash enclosure, off -site trash storage and enclosure, parking stall size, off -site and shared parking, reduced number of parking stalls both on the site and overall, the number of building signs, and an individual monument sign along Yankee Doodle Road frontage. Mr. Vavrina also noted their traffic study suggested a proposed median on Promenade Place to help direct traffic flow. Mayor Maguire opened the public comment. Tom Guguire, Dairy Queen owner, addressed the Council with his concerns regarding lot size, request for a monument sign, volume of traffic and off -site trash enclosure. There being no further public comment, Mayor Maguire turned the discussion back to the Council. The Council discussed the request. Mayor Maguire noted it would be hard approving the request until there was a collaborative solution to the traffic issue. The Council agreed there needs to be more discussion on traffic control. Councilmembers Hansen and Bakken agreed with the concept of infill in this area, but each envisioned it on the property to the north. Mr. Hill stated Chick- fil -A's agreement with traffic being the primary issue and that Chick -fit -A would provide the necessary improvements to Promenade Place at their expense, if approved by the current property owner. After further discussion, the Council agreed before discussing all of the issues noted, traffic circulation was a significant concern and a solution would need to be addressed. City Council Meeting Minutes April 16, 2014 7 page Per the request of the applicant, there was Council consensus on the following comments: • Moving the monument sign to the Yankee Doodle location was not a concern • The number of building signs allowed would not be four - would possibly consider 3 building signs • The off -site, detached trash enclosure would be considered, provided the enclosure meets exterior finish standards • Not concerned with the number of parking stalls • Not concerned with the off - site /shared parking proposed • Not concerned with the angled parking stall dimensions • Not concerned with lot size and configuration The Council reiterated their biggest concern is traffic movement and circulation with Promenade Place and Denmark Avenue. The Council also questioned how the tax valuation and assessment policies would apply to such a uniquely configured lot and requested that staff and the City Attorney provide information in that regard for consideration when this proposal comes back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to continue indefinitely the Planned Development Amendment and Preliminary Subdivision (Eagan Promenade 4t" Addition — Chick - fil-A. Aye:5 Nay:0 LEGISLATIVE/ INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative /intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA DIRECTOR OF PUBLIC WORKS Director of Public Works Matthys noted the Finance Committee met on April 16, 2014 to discuss proposed Change Order No. 5 for Contract 13 -05, Cedar Grove Parking Garage, as it relates to the construction impact of weather delays. The Committee recommended approved of the additional cost amounts. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve Change Order No. 5 to Contract 13 -05 (Cedar Grove Parking Garage) pursuant to the City Attorney's final review and formatting and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 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 8:17 p.m. Aye: 5 Nay: 0 City Council Meeting Minutes April 16, 2014 8 page 5& -I w Date /A, Mayor W-a,yt�v` , City Clerk