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01/06/2015 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JANUARY 6, 2015 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, Tilley and Hansen. Marie Segar, as secretary of the Eagan Firefighters Relief Association, addressed the City Council regarding the letter that was sent on behalf of the Eagan Volunteer Firefighters. City Administrator Osberg suggested taking the issue to a future Personnel Committee meeting. The Council concurred with the recommendation. A regular meeting of the Eagan City Council was held on Tuesday, January 6, 2015 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, Director of Communications Garrison, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Assistant City Engineer Nelson, Director of Parks & Recreation Johnson, Assistant Parks & Recreation Director Flewellen, Police Chief McDonald, and Executive Assistant Stevenson. AGENDA City Administrator noted under the Consent Agenda the Addition of Item M. — Approve Renewal of On- Sale 3.2 Percent Malt Liquor (Beer) and Wine License for J & R Group Inc. doing business as Italian Pie Shoppe & Winery. Osberg also noted a clarification under Consent Item E. - Attachment 1— the Professional Services Agreement with Mohagen Hansen Architectural Group has been revised. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as amended. Aye:5 Nay :0 RECOGNITIONS AND PRESENTATION Oaths of Office — Mayor Maguire, Councilmembers Bakken and Hansen The Oaths of Office was administered to Mayor Maguire and Councilmember Gary Hansen, who were re- elected to four year terms. Councilmember Paul Bakken, who was also re- elected to a four year term, was administered the Oath of Office prior to the meeting. Presentation of 2014 Residential Survey Results City Administrator Osberg introduced the 2014 Eagan Residential Survey results noting every two years the City hires an independent research firm to conduct a residential survey. The Morris Leatherman Group was retained to conduct the 2014 residential survey. Bill Morris, President of Morris Leatherman Group, presented the results of the 2014 Community Survey. City Council Meeting Minutes January 6, 2015 2 page CONSENT AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent Agenda as amended: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of December 16, 2014 regular City Council meeting. B. Personnel Items 1. It was recommended to approve the elimination of the 40 hour vacant Receptionist /Clerical Technician III at Central Services and replace with 30 hours allocated to Public Works operational duties and 10 hours allocated to Central Maintenance clerical support and approve a corresponding budget adjustment of $15,500. 2. It was recommended to approve a budget adjustment of $3,100 to reflect an increase in the amount of hours the Fire Prevention Specialist will work in 2015. 3. It was recommended to accept the resignation of Tom Streefland, Mechanic Shop & Equipment Supervisor and authorize hiring his replacement. 4. It was recommended to approve the Parks & Recreation Compensation for 2015. 5. It was recommended to approve the hiring of Tom Miklya, FT Regular Building Inspector and PeterAkmenkalns, FT Temporary Building Inspector. 6. It was recommended to approve the reclassification of the Fire Administrative Assistant from Level 4 to Level 6 effective April 2015. 7. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation. C. It was recommended to approve the check registers dated December 12 and 19, 2014. D. It was recommended to adopt a Resolution accepting a $1000 donation from Wal -Mart, used by the Eagan Police Department to purchase holiday gift cards for the Police Department's "Shop with a Cop" program. E. It was recommended to approve a professional services agreement with Mohagen Hansen Architectural Group for services associated with Old Town Hall. F. It was recommended to approve the final payment for Contract 14 -08 (TH 55 /TH 149 — Traffic Signal Material and Equipment) to Millerbernd Manufacturing Co. and accept the materials and equipment for perpetual City maintenance subject to warranty provisions. G. It was recommended to approve Change Order No. 5 to Contract 14 -04 (TH 55/149 Safety and Capacity Improvements) and authorize the Mayor and City Clerk to execute all related documents. H. It was recommended to adopt a resolution approving a Premise Permit for the South Robert Street Business Association to conduct lawful gambling at Blue Stone Steak and Seafood, 2864 Highway 55, Suite 200. I. It was recommended to approve a one -year extension of the Conditional Use Permit and Variance approvals for property legally described as Lot 1, Block 1, Spectrum Business Park in the NW % of Section 2. J. It was recommended to approve a resolution renewing a kennel license with conditions for Angel's Pet Sanctuary, 4940 Dodd Road. K. It was recommended to approve an extension of the original artwork agreement for the donation of a painting depicting the 1914 Town Hall, created by artist Larry Landis and approve the extension to the limited use copyright agreement allowing the Eagan Historical Society to reproduce and sell said artwork from December 31, 2014 to June 1, 2015. City Council Meeting Minutes January 6, 2015 3 page L. 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. M. It was recommended to approve the renewal of an On -Sale 3.2 Percent Malt Liquor (Beer) and Wine License for & R Group Inc. doing business as Italian Pie Shoppe & Winery. PUBLIC HEARINGS Project 1162 — Mallard Park 3rd & 4th Additions Street Improvements Project 1165 — Rooney Addition Street Improvements Project 1169 — Wilderness Run 1St & 3rd Additions Street Improvements Project 1175 — Northwood Parkway & Promenade Avenue Street Improvements Public Works Director Matthys noted information will be presented on Project 1175, Northwood Parkway & Promenade Avenue Street Improvements, but requested that Council direct staff to re- advertise the Public Hearing and continue the hearing to the February 3, 2015 City Council Meeting due to a printing error in the public notice. Matthys introduced the items noting as part of Eagan's Pavement Management Program, the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. Assistant City Engineer Nelson gave a combined staff report and presentation on the following street improvements: Project 1162 — Mallard Park 3rd & 4th Additions, Project 1165 — Rooney Addition, and Project 1169 - Wilderness Run 1St & 3rd Additions, Project 1175 - Northwood Parkway & Promenade Avenue. Mayor Maguire opened the public hearings on street improvements for Project 1162 — Mallard Park 3rd & 4th Additions, Project 1165 — Rooney Addition, and Project 1169 - Wilderness Run 1St & 3rd Additions Project 1175 — Northwood Parkway & Promenade Avenue. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve Project 1162 (Mallard Park 3rd & 4th Additions — Street Improvements), Project 1165 (Rooney Addition — Street Improvements), and Project 1169 (Wilderness Run 1St & 3rd Additions — Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Bakken seconded the motion to direct staff to re- advertise the Public Hearing and continue the hearing on Project 1175 (Northwood Parkway & Promenade Avenue - Street Improvements) to the February 3, 2015, City Council meeting. Aye: 5 Nay: 0 OLD BUSINESS Ordinance Amendments — to Chapter 4 regarding mandatory 2015 Minnesota State Building Code and Septic provisions City Administrator Osberg introduced the item noting the Council is being asked to approve Ordinance Amendments to Chapter 4 regarding Mandatory 2015 Minnesota State Building Code and Minnesota Pollution Control Agency Subsurface Sewage Treatment System provisions and to approve the resolution setting the corresponding permit fees for Fire Suppression Systems in single family homes. City Council Meeting Minutes January 6, 2015 4 page Community Development Director Hohenstein gave a staff report. 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 the motion to approve Ordinance Amendments to Chapter 4 regarding mandatory 2015 Minnesota State Building Code (MSBC) and Minnesota Pollution Control Agency (MPCA) Subsurface Sewage Treatment System (SSTS) provisions, and to approve the resolution setting the corresponding permit fees for Fire Suppression Systems in Single Family homes. Aye: 5 Nay: 0 NEW BUSINESS Conditional Use Permit & Variance — DG Enterprises, Inc. City Administrator Osberg introduced the item noting the Council is being asked to approve a Conditional Use Permit to allow outdoor storage of structural steel, finished product and company vehicles, and a Variance to allow an encroachment of 8' to the 20' structure setback for a portion of a future building addition upon property located at 3265 Sun Drive. City Planner Ridley gave a staff report. 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 Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to allow outdoor storage of structural steel, finished product and company vehicles upon property located at 3265 Sun Drive, subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded within 60 days of its approval by the City Council. 2. Outside storage, minimum drive aisle widths and the emergency vehicle turn - around area shall occur as depicted on the Site Plan dated 11- 25 -14. 3. Lock boxes meeting Eagan Fire Department specifications shall be installed at all fence gate locations. 4. Building address numbers shall be displayed in accordance with the provisions in Chapter 2, Section 2.78 of the City Code. 5. Recording of this Conditional Use Permit shall simultaneously terminate the previously issued Conditional Use Permit for Lot 1, Block 1, Tan Me Addition. 6. The applicant shall meet City erosion control, pollutant and post- construction stormwater management requirements. 7. Prior to receiving a Grading Permit or Building Permit, the applicant shall provide the City with a minimum of two soil- boring logs, taken within the location of the proposed infiltration basin, extending 15' below the bottom of the proposed over - excavation elevation, to evaluate suitability for infiltration. If the soil boring logs indicate incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and /or construction plans to ensure volume control requirements are fully met. City Council Meeting Minutes January 6, 2015 5 page 8. The applicant shall provide construction details of the proposed infiltration basin for City approval (cross- section, construction, construction protection, construction sequencing notes, sizing /volume tables, details for inlet, outlet /under- drain, permanent vegetation, etc.), to ensure infiltration basin is properly designed and constructed, and adequately protected during /after construction, to function as intended. These details shall be included in applicable plan sheet(s). If the future infiltration basin is to serve as a temporary sedimentation basin during construction, more than two feet of cover shall be left in place during construction to protect underlying subsoils from fine sediment plugging and compaction. If the infiltration area is excavated to final grade (or within two feet of) it shall be required that rigorous erosion prevention and sediment controls are used, to the satisfaction of the city, to protect underlying sub -soils from fine sediment plugging and compaction. No heavy construction equipment shall be allowed within the future infiltration area during final grading. The infiltration basin shall have a maximum temporary ponding depth of 1.5'. If an under -drain is used, an easily accessible gate -valve must be installed to allow regulation of under -drain outflow. The infiltration basin shall be planted with live plants (pots or plugs), rather than relying on seed alone, with appropriate plants and spacing. 9. During infiltration basin over - excavation and sub -soil work, before and during soil - replacement backfilling, the applicant shall ensure that a Certified Soil Scientist will be present to verify that infiltration basin sub -soils (and any replacement soils) are suitable for infiltration, within 48 hours, at the planned saturated soil infiltration rate and basin depth. 10. The applicant shall provide adequately sized and easily maintained pre- treatment measures at, or immediately upstream of, all infiltration basin inlets to provide for effective capture and easily - accessible cleanout of fine -sand sized particles. These details shall be included in applicable plan sheet(s). 11. Before receiving a Grading Permit or Building Permit, the property owner shall enter into a long- term stormwater management system maintenance agreement with the City, detailing the maintenance required to maintain proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. 12. The applicant shall provide the City as -built plans that demonstrate that all constructed stormwater conveyance structures and management facilities (infiltration basin) will conform to design and /or construction plans, as approved by the City. As -built volumes of retention shall be provided for the infiltration basin. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Variance to allow an encroachment of 8' to the 20' structure setback for a portion of a future building addition upon property located at 3265 Sun Drive, subject to the following conditions: Aye: 5 Nay: 0 1. 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. Planned Development Amendment — The Flats at Cedar Grove Restaurant City Administrator Osberg introduced the item noting a Planned Development was approved in 2013 for The Flats at Cedar Grove. Before the Council tonight is consideration of a Planned Development Amendment to add an outdoor dining patio and associated site plan modifications, and on -sale liquor in conjunction with a full- service restaurant, and a restaurant exceeding 4,000 s.f. City Council Meeting Minutes January 6, 2015 6 page City Planner Ridley gave a staff report. Ridley noted the applicant is requesting Condition #8 of the Draft APC minutes revert to the original wording, that being the use of outdoor amplified sound be allowed, consistent with City Code standards. Andy Chase, owner of The Flats of Cedar Grove, addressed the Council stating they are excited about the restaurant. He provided comments addressing the concerns of the Advisory Parks Commission regarding the lack of required parking, noise and compatibility with residential use above, pedestrian circulation around or through the patio enclosure and parking issues. The Council discussed the amendment. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. After further discussion the Council agreed they were supportive of the original wording of Condition #8, the on -sale liquor and revised patio plan. The Council stated concerns over the parking quantity dedicated to the restaurant and remaining retail space. It was the consensus of the Council to require the owner provide five proof -of- parking spaces on the site. At the suggestion of the Council regarding proof -of- parking, the owner asked to continue the item to a future Council meeting, so he could work with staff and provide a revised plan denoting the proof -of- parking for five additional stalls. Councilmember Fields moved, Councilmember Bakken seconded a motion to continue the Planned Development Amendment to the January 20, 2015 City Council meeting. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE Approve the City of Eagan's 2015 Legislative Positions City Administrator Osberg noted the Council will be visiting with the City's legislative delegation on January 13th as part of the Council workshop session. The draft legislative positions were shared with the Council for review in mid - December. Per the request of the City Council, priorities have been called out within the document. Osberg noted once approved, the priorities will be sent to Eagan's legislative delegation in advance of the joint meeting with the City Council on January 13, 2015. Mayor Maguire suggested that the priorities be formatted into a separate document, but still included in the positions. Councilmember Hansen moved, Councilmember Tilley seconded the motion to approve the City of Eagan's 2015 Legislative Positions. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA There were no administrative agenda items to be heard. VISITORS TO BE HEARD There were no visitors to be heard. City Council Meeting Minutes January 6, 2015 7 page ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 8:40 p.m. Aye: 5 Nay: 0 City Clerk