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02/20/2018 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota FEBRUARY 20, 2018 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken and Hansen. Councilmembers Fields and Tilley were absent. A closed session of the City Council was held at 6:15 p.m. to discuss labor negotiations. Present were Mayor Maguire, and Councilmembers Bakken and Hansen. Also present were City Administrator Osberg, Assistant City Administrator Miller, and Director of Finance Pepper. A regular meeting of the Eagan City Council was held on Tuesday, February 20, 2018 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken and Hansen. Councilmembers Fields and Tilley were absent. Also present were City Administrator Osberg, Assistant City Administrator Miller, Director of Communications Garrison, Public Works Director Matthys, Parks & Recreation Director Pimental, Director of Community Development Hutmacher, City Planner Ridley, Fire Chief Scott, Police Chief McDonald, and City Attorney Dougherty. AGENDA Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the agenda as presented. Aye:3 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentations. CONSENT AGENDA Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve the consent agenda as amended: Aye: 3 Nay: 0 A. It was recommended to approve the minutes of February 5, 2018 regular City Council meeting, as presented. B. Personnel Items: 1. It was recommended to authorize the hiring of full-time Police Officers Justin Boughton, Chad Zastrow, Nicholas Elenz, and Rebecca Kopp. 2. It was recommended to authorize the hiring of Anthony Dahle as Utility Maintenance Worker. 3. It was recommended to authorize the hiring of full-time Firefighters Tyler Haege, Joseph Ahlstrom, Jessica Hoffman, Timothy Keller, John Forse, and Jason Marshall. 4. It was recommended to authorize the hiring of part-time recurring employees Ron Johnson and Cassandra Salmon. 5. It was recommended to authorize the hiring of seasonal employee Brittney Smith, Preschool Assistant. City Council Meeting Minutes February 20, 2018 2 page 6. It was recommended to accept the resignation of seasonal employees as Rink Attendants. 7. It was recommended to approve a reorganization at the Eagan Community Center and authorize the following changes: Change the ECC Manager position to an ECC Programs and Facility Supervisor position, and authorize a regrading of the position from Grade 15 to Grade 12 on the City's compensation plan; the ECC Programs and Facility Supervisor shall report to the Assistant Parks and Recreation Director; authorize the regarding of the Assistant Parks and Recreation Director from a Grade 15 to a Grade 16 effective with the February 23, 2018 pay period; and change the three ECC Guest Services Specialists positions to the following newly titled positions: Training and Operations Coordinator, Guest Services Specialist, and Facilities Specialist position. 8. It was recommended to approve a policy establishing a Paid Time Off (PTO) hours bank for employees that currently or in the future may be impacted by the State salary cap/waiver. 9. It was recommended to approve a total of 156.45 hours, accrued at 6.02 hours per pay period, to go into the City Administrator's PTO bank for 2018. 10. It was recommended to approve title change of E -TV Supervisory to E -TV Director and authorize regrade from level 13 to level 14. 11. It was recommended to approve the lateral transfer of Leah Sperduto from GIS Specialist to GIS Analyst, and authorize recruitment of a GIS Technician position. 12. It was recommended to accept the resignation of Sarah Rudolph, Volunteer Firefighter. 13. It was recommended to accept the resignation of Ben Boeding, Parks Maintenance Supervisor, and authorize replacement. C. It was recommended to ratify the check registers dated February 2 and 9, 2018. D. It was recommended to approve the ordinary and customary contracts with ModSpace, AVI Systems Inc., Magic Bounce, Inc., Eagan Women of Note, Jesse Larson, and You Oughta Know. E. It was recommended to approve a two-year agreement with Everbridge, Inc for "Nixie Engage" Community Outreach Tool and authorize the Mayor and City Clerk to execute all related documents. F. It was recommended to cancel the March 13, 2018 Special City Council meeting. G. It was recommended to approve the final payment for Contract 16-10 (Well No. 22 — Building & Equipment) in the amount of $26,218.25 to MN Mechanical Solutions Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. H. It was recommended to approve the final payment for Contract 17-24 (Well No. 4 Rehabilitation) in the amount of $23,532.00 to E.H. Renner and accept the improvements for perpetual City maintenance subject to warranty provisions. I. It was recommended to approve the final payment for Contract 17-02 (Bur Oaks Pond Protection Project — Pond GP -1.2 Water Quality Improvements) in the amount of $55,476.05 to Meyer Contracting and accept the improvements for perpetual City maintenance subject to warranty provisions. J. It was recommended to approve the plans and specifications for Contract No. 18-07 (Fitz Lake Improvement Project — Ponds LP -26.3 & 26.5) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, March 29, 2018. K. It was recommended to approve the plans and specifications for Contract No. 18-08 (O'Neil Pond Improvements — Ponds FP -1, FP -1.4, FP -1.5, FP -1.6), and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Tuesday, March 27, 2018. L. It was recommended to approve the plans and specifications for Contract No. 18-09 (Ponds CP - 1.1, CP -5, GP -11, GP -11.1— Water Quality Improvements), and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Tuesday, March 27, 2018. City Council Meeting Minutes February 20, 2018 3 page M. It was recommended to receive the bids for Contract 18-02 (Lexington Diffley Skate Park) and award the contract to Global Specialty Contractors, Inc. for the base bid in the amount of $262, 117, and authorize the Mayor and City Clerk to execute all related documents. N. It was recommended to receive the bid for Contract 18-03 (George Ohmann Park Expansion) and award the contract to Sunram Construction Inc. for the base bid in the amount of $198,522, and authorize the Mayor and City Clerk to execute all related documents. O. It was recommended to approve plans and specifications for Project 1286 and authorize contract with Vortex Aquatics through the National Purchasing Partners Government program to purchase equipment and install splash pad at Central Park, and direct staff to prepare appropriate contract for Mayor and City Clerk signatures. P. It was recommended to direct staff to prepare for future consideration an ordinance that is inclusive of Solar and Alternative Energy systems within the City of Eagan. Q. It was recommended to approve a resolution to accept a donation from Steve Prichett. R. It was recommended to reschedule the May 8, 2018 Special City Council meeting to May 7, 2018. S. It was recommended to adopt a resolution approving a Premise Permit for the AmVets Post 1 to conduct lawful gambling at Applebee's Neighborhood Grill & Bar, 1335 Town Centre Drive. T. It was recommended to declare LPR equipment as surplus and authorize donation of LPR equipment. U. It was recommended to accept the Environmental Assessment for the Lebanon Hills Area 115 -kV Transmission Line Project as complete. V. It was recommended to approve the plans and specifications for Contract 18-11 (2018 City -Wide Sewer Lining — Sanitary Sewer Improvements), and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Wednesday, March 14, 2018 at 3419 Coachman Point, Eagan, MN. W. It was recommended to declare bicycles, unclaimed property and miscellaneous City property to be surplus. PUBLIC HEARINGS Vacation of Fen Way and Final Plat (The Preserve at Cedar Grove) Commercial Investment Properties, Co. City Administrator Osberg introduced the item noting on February 5, 2018, the City Council opened the public hearing on the request to vacate the Fen Way right-of-way. The public hearing was continued to the February 20th City Council meeting to coincide with the Final Plat approval. The Council is being asked to consider closing the public hearing and approve a vacation of Fen Way right-of-way and Final Plat. Public Works Director Matthys gave a staff report and provided a location map. Matthys noted correspondence has been received from the owner of the Twin Cities Premium Outlet objecting to the vacation. The Council discussed the vacation. City Council Meeting Minutes February 20, 2018 4 page Mayor Maguire opened the public hearing. Mike Jones, Operations Director, Twin Cities Premium Outlet, noted their objection to the vacation. There being no further public comment, the Mayor turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Bakken seconded a motion to close the public hearing and approve a Vacation of Fen Way right-of-way. Aye: 3 Nay: 0 Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve a Final Plat (The Preserve at Cedar Grove) to create one lot consisting of approximately 3.08 acres, located between Cedar Grove Parkway and Eagan Outlets Parkway west of Rahn Road. Aye: 3 Nay: 0 Variances — Hawthorne Ridge City Administrator Osberg introduced the item noting the Council is being asked to consider a Variance to allow zero parking setback from public right-of-way, and a Variance to allow 77 — 9' x 18' parking stalls upon property located at 565 Diffley Road, the intersection of Diffley Road and Highway 3. City Planner Ridley provided a staff report and a site map. The applicant, Martha Anderson, Anderson Properties, gave a summary of the request and was available for questions. The Council discussed the variances. Councilmember Hansen noted his objection to reducing the parking stalls to 9'. Mayor Maguire agreed and noted if the applicant would be willing to keep the parking stalls at 10" per City Code requirements, reducing the parking spots to 34. The applicant withdrew the Variance request to allow 77 — 9' x 18' parking stalls upon property located at 565 Diffley Road. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve a Variance to allow zero parking setback from public right-of-way upon property located at 565 Diffley Road, subject to the following conditions: Aye: 3 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. 2. A revised Landscape Plan prepared and signed by a registered landscape architect shall be submitted for review and approval by staff within 30 days of Variance approval. The revised Landscape Plan shall include the following: a. Effective screening of the auto service area in compliance with the 2010 CIP. b. Shrubs and perennial plant beds to provide a visual buffer between the parking lot and the roadway in compliance with City Code standards, including identification of specific plant materials, quantities and landscape design. c. Automatic irrigation in compliance with City Code. 3. Landscaping shall be installed by October 15, 2018. City Council Meeting Minutes February 20, 2018 5 page 4. Site Lighting shall be provided consistent with the Site Lighting Plan. All parking lot light fixtures shall match, and all fixtures shall be downcast and shielded so the source of light is not visible from off the property. 5. The Applicant shall obtain a City Zoning Permit or other land disturbance permit prior to commencing construction. 6. The Applicant shall be responsible for obtaining any permits or approvals required from other agencies including MnDOT. Consider a Grant Contract, a Minnesota Investment Fund Loan Agreement, And other documents related to the expansion into the City of Eagan By Medical Equipment Solutions, Inc. d/b/a Purair Products City Administrator Osberg introduced the item noting the City of Eagan authorized a Minnesota Investment Fund (MIF) loan application to the Department of Employment and Economic Development (DEED) on January 2, 2018 to assist with equipment costs associated with Purair's expansion. DEED has evaluated the application and determined that Purair may be awarded a MIF loan. Director of Community Development Hutmacher gave a staff report and provided a site map. Representatives from Purair were 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 close the public hearing as required by Minnesota Statutes Sections 1161.993 to 1161.995 and approve a grant contract, a Minnesota Investment Fund Loan Agreement, and other documents related to the expansion into the City of Eagan by Medical Equipment Solutions, Inc. d/b/a Purair Products. Aye: 3 Nay: 0 OLD BUSINESS Planned Development Amendments — Viking Lakes City Administrator Osberg introduced the item noting following discussion at the February 5 City Council meeting, the applicant requested the item be continued to the February 20 Council meeting to allow additional discussion and research on open flame options. City Planner Ridley noted the City has worked with the City Clerk, Eagan Police Department, Eagan Fire Department and the Vikings on additional conditions regarding alcohol sales/consumption and tailgating. The Council discussed the additional conditions regarding tailgating specifically open flames. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. City Council Meeting Minutes February 20, 2018 6 page Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve a Planned Development Amendment to allow alcohol sales and consumption, including tailgating, at Viking Lakes generally located at 2600 Vikings Circle, subject to the following conditions: Aye: 3 Nay: 0 1. An amendment to the Final Planned Development Agreement shall be executed, in a form acceptable to the City Attorney, and recorded against the property within 90 days of City Council approval. The agreement shall include the following exhibits: • Viking Lakes Graphic depicting alcohol service and tailgating areas 2. For any tailgating event, a security plan, in a form acceptable to the Chief of Police, shall be implemented. 3. For any tailgating event there shall be no open flames or fire pits, except in an area the landowner designates for open flame or fire pit use that complies with the Recreational Fires standards as described in City Code Chapter 10. Charcoal and propane grilling devices are permitted. 4. Drive aisles shall be maintained to a width of no less than 20 feet. NEW BUSINESS There were no new business items to be heard. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA There were no administrative agenda items to be heard. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Hansen moved, Mayor Maguire seconded a motion to adjourn the meeting at 7:00 p.m. Aye:3 Nay:O Date Mayor City Clerk