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09/17/2018 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota SEPTEMBER 17, 2018 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmember Bakken, Fields, Hansen and Tilley. A regular meeting of the Eagan City Council was held on Monday, September 17, 2018 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, City Engineer Gorder, Parks and Recreation Director Pimental, Director of Communications Garrison, Director of Community Development Hutmacher, City Planner Ridley, Finance Director Pepper, Police Chief New, City Attorney Dougherty and Executive Assistant Stevenson. AGENDA Councilmember Bakken moved, Councilmember Fields 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 Hansen moved, Councilmember Tilley seconded a motion to approve the consent agenda as present: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of September 4, 2018 City Council meeting, as presented or modified. B. Personnel Items: 1. It was recommended to approve the hiring of Elizabeth Peifer as a fulltime, temporary employee from September 19, 2018—January 15, 2019. 2. It was recommended to authorize the hiring of the seasonal employees as Building Attendant I, Building Attendant II, Building Attendant III, Lifeguard, Landscape Crew Laborer, Manager On Duty — Civic Arena, Preschool Teacher's Assistant, Park Maintenance Worker, and Skate Instructor On Ice. C. It was recommended to ratify the check registers dated August 31 and September 7, 2018. D. It was recommended to approve the ordinary and customary contracts with Mean Gene and the Woodticks, Milligan Studio, Stuart Pimsler Dance & Theater, Morgan Grace Willow, Dennis Warner, Mary Gohman, and Walgreens. E. It was recommended to approve a resolution to accept donations from the Eagan Hockey Association, Tara Borgschatz, and Molly Schuetzle. City Council Meeting Minutes September 17, 2018 2 page F. It was recommended to approve a resolution appointing absentee ballot board judges and designating them as deputy city clerks for the purpose of administering the November 6, 2018 General Election. G. It was recommended to approve a resolution reauthorizing membership in the 4M Fund. H. It was recommended to receive the Final Assessment Roll for Project 1245 (Quarry Road — Street Extension) and schedule a public hearing to be held on October 16, 2018. I. It was recommended to receive the Final Assessment Report for Project 1258 (Galaxie Avenue — Street Improvements) and schedule a public hearing to be held on October 16, 2018. J. It was recommended to receive the Final Assessment Report for Project 1259 (Heine 1St Addition —Street Improvements) and schedule a public hearing to be held on October 16, 2018. K. It was recommended to receive the Final Assessment Report for Project 1264 (Wescott Woodlands — Street Improvements) and schedule a public hearing to be held on October 16, 2018. L. It was recommended to receive the Final Assessment Report for Project 1274 (Rocky Lane — Street Improvements) and schedule a public hearing to be held on October 16, 2018. M. It was recommended to approve the plans and specifications for Contract 18-26 (2018 Citywide Storm Sewer Repairs) and authorize the solicitation of quotes. N. It was recommended to receive the petition to vacate drainage and utility easement on Lots 1 & 2, Block 2 and Lot 2, Block 3 Summerbrooke Addition, and a ponding and utility easement at 755 Diffley Road per doc. No. 995954, and schedule a public hearing to be held on October 16, 2018. O. It was recommended to receive the petition to vacate drainage and utility easements on Outlot A Kieffer Addition, and Outlot B Hills of Stonebridge, and schedule a public hearing to be held on October 16, 2018. P. It was recommended to approve an encroachment agreement with Gramercy Park Cooperative (Sign Relocation). Q. It was recommended to approve the recommendations of the Public Works Committee regarding various appeals to the Water Meter Replacement/Repair (R/R) Program (City Code 3.05) surcharges for the identified properties in accordance with the related City Ordinance. R. It was recommended to approve the prohibition of parking on Beverly Drive (both sides) and authorize the Mayor and City Clerk to execute all related documents. S. It was recommended to approve a Cooperative Agreement with Hennepin Technical College for Customized Police Training in the Pathways to Policing Cadet Program. T. It was recommended to approve the City of Eagan Brand Usage Guide for the new City logo including for the subordinate brands, to confirm related logo policies, and direct staff to update the Employee Handbook accordingly. U. It was recommended to adopt the list of projects for 2019-2023 on the Parks CIP as presented to the City Council at a Special Council meeting on Tuesday, September 11, 2018, and authorize the initiation of the public improvement process for 2019 programmed improvements. V. It was recommended to approve Change Order #3 for Project 18-06, Police Department and City Hall Renovation. W. It was recommended to approve Change Order #1 for Contract 18-10 (2018 Citywide Trail & Parking Lot Improvements), and authorize the Mayor and City Clerk to execute all related documents. X. It was recommended to approve an agreement with AVI Systems, Inc., to replace character generator in the Eagan Room. City Council Meeting Minutes September 17, 2018 3 page There were no public hearings to be heard. PUBLIC HEARINGS OLD BUSINESS Receive Bids and Approve Resolution Awarding the Sale of $22,300,000 General Obligation Bonds, Series 2018A Finance Director Pepper noted the City Council authorized the issuance of bonds to provide financing for the City Hall/Police remodel/expansion and phase 2 of the Central Maintenance facility remodel. The bonds were sold by competitive bid. Credit ratings were requested from Moody's and Standard & Poor's. Both agencies have affirmed their Triple -A ratings for all of the City's debt. Tammy Omdal from Northland Securities presented the results of the sale. Omdal noted the final sale amount was $22,300,000. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the resolution awarding the sale of $22,300,000 General Obligation Bonds, Series 2018A. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Hansen seconded a motion to engage Northland Securities to perform future continuing disclosure reporting. Aye: 5 Nay: 0 NEW BUSINESS Appeal of Staff Decision — 2111 Wuthering Heights Road City Administrator Osberg introduced the item noting the Council is being asked to affirm or reverse staff's decision to require the platting of the property located at 2111 Wuthering Heights Road. Osberg noted the City Code Section 13.02, Subd. 3 states, no building permit shall be granted for the erection of any building or structure upon lands which are not platted in accordance with the requirements of this section or which was platted as an outlot. City Planner Ridley provided a site map. The appellants Josh and Joann Tibbets reiterated what was stated in their narrative and supporting information appealing staffs decision. Mr. Tibbets stated the platting requirement is a large financial hardship. The Council, acting as the Board of Appeals, discussed the request. After further discussion it was the consensus of the Board to follow City Code for platting of the property. However, Mayor Maguire questioned if there was a vehicle to handle the cost of the platting as an assessment allowing the homeowner to pay over several years. City Attorney Dougherty along with staff will look into this option and follow up with the Council and the homeowners. Councilmember Fields moved, Mayor Maguire seconded a motion to affirm staff's decision to require the platting of the property located at 2111 Wuthering Heights Road. Aye: 5 Nay: 0 City Council Meeting Minutes September 17, 2018 4 page Preliminary Subdivision (Prowire 2nd Addition) — Ebert Construction City Administrator Osberg introduced the item noting the property is located at 4101 Nichols Road. The Council is being asked to considered assignment of Retail Commercial (RC) land use and General Business (GB) zoning designations to the formerTH-77 right-of-way property, and a Preliminary Subdivision to create two lots upon 4.27 acres. City Planner Ridley gave a staff report and provided a site map. 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 the assignment of Retail Commercial (RC) land use and General Business (GB) zoning designations to the former TH-77 right-of-way property. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Preliminary Subdivision to create two lots upon 4.27 acres located at 4101 Nicols Road and adjacent former TH-77 right-of-way, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as revised by Council on July 1, 2014: Al, B1, 62, B3, C1, C2, C4, D1, E1, F1, H1 2. The property shall be platted. 3. 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. 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. 4. The developer shall provide private utility easements and/or maintenance agreements for the private storm sewer that serves both Lots 1 and 2, in a form acceptable to the City Attorney, at time of final subdivision approval. 5. The developer shall be responsible to restore the street, curb and gutter, and boulevard in a manner acceptable to the City Engineer. 6. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. This will generally require additional hydrants to be placed on the north and south sides of the building. City Council Meeting Minutes September 17, 2018 5 page 7. The sewer service shall be designed with a 48" inspection manhole located at the property line, and the connection to the public main shall be with a wye (not a direct connection into a manhole). 8. A commercial concrete driveway apron shall be constructed in accordance with City Detail Plate No. 440. 9. This development shall meet the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control of the site's proposed impervious surface area (or equivalent water quality treatment through filtration) and any other disturbed soils that are not remediated following an approved Soil Management Strategy. 10. Plan set Erosion-Control/Stormwater Pollution Prevention Plan Sheets shall include Site Area Tabulations (existing and proposed impervious surface areas, total disturbed and undisturbed pervious areas, etc.), include active construction erosion -control plan to protect on-site water quality pond, include City of Eagan Standard Plates for erosion - control (e.g. inlet protection, silt fence installation, etc.), include redundant erosion - control measures around pond perimeter at top and toe of slopes, and include plan requirement for temporary sedimentation basin(s) with sizing info and suggested location(s) for temp basin(s) and other measures necessary to prevent discharge of sediment laden water into the on-site water quality pond. The on-site water quality pond will not serve as the temporary sediment basin. 11. Prior to receiving city approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies in the plan set for City review, and acceptance by the City Engineer, that provide clear assurances that by final grading, prior to installation of any irrigation, sod, permanent seeding or plant materials, the disturbed areas that are to be revegetated will have protected and/or restored soil permeability to non -compacted soil conditions in the top 12" of soil with greater than 5% soil organic matter content and less than 200 psi of soil compaction in the top 12" of topsoil, to comply with Volume Control requirements. These graphical details and notes on soil protection/restoration shall be included in the Stormwater Management Plan and prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading & Drainage Plan, Landscape Plan, etc.) and shall specify estimated quantities of soil ripping area and volume of compost to be imported and incorporated. Prior to receiving a Certificate of Occupancy for any affected construction, Soil Management Strategy implementation documentation (e.g. representative on-site soil samples, compaction testing and soil organic content test results) shall be provided to City Water Resources staff to verify approved soil management strategy compliance. City Council Meeting Minutes September 17, 2018 6 page 12. The applicant shall clarify underground stormwater filtration system details, including detailed construction cross-sections and notes include a treated -plywood box frame with internal supports, under -drain details including cleanouts/vents), erosion -control protections at toe and top of side -slopes, iron -sand mix specification/composition/source and estimate mix volume needed, impermeable liner specifications (thickness, acceptable joint sealing, etc.), etc. for contractor to successfully construct and protect. Pertinent plan sheets shall also include notes for coordinating City Water Resources Staff inspection of Iron -Sand Filtration during critical construction steps. 13. The applicant shall provide adequately sized pre-treatment structure (e.g. 4 -foot minimum depth sump, 5 -foot minimum diameter, with floatable skimmer hood, etc.) at, or immediately upstream of, the stormwater management facility (e.g. filtration system) inlet to provide for effective capture and easily -accessible cleanout of fine -sand sized particles and floatable pollutants. Pre-treatment structures shall be accessible by appropriate maintenance equipment. Details shall be included in applicable plan sheet(s) using Eagan Standard Detail Plate E231. 14. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the annual inspection and maintenance required to occur to ensure proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. 15. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall demonstrate that all stormwater management practices are performing as intended and shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sump(s), filtration system, etc.), including soil loosening & amendment, conform to design and/or construction plans, as approved by the City. As - built volumes shall be provided for the filtration system. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. Comprehensive Guide Plan Amendment, Rezoning, Preliminary Planned Development And Preliminary Subdivision — Southview Senior Living City Administrator Osberg introduced the item noting on May 1, 2018, the City Council directed the Comprehensive Guide Plan Amendment to be sent to the Metropolitan Council for review. Before the Council are four actions to consider, a Comprehensive Guide Plan Amendment to change the land use designation, a Rezoning from Business Park to Planned Development, a Preliminary Planned Development to allow a 4 -story senior housing facility with a preschool upon approximately 7.9 acres, City Council Meeting Minutes September 17, 2018 7 page and a Preliminary Subdivision of approximately 39 acres to create two lots located at 3355 Discovery Road. City Planner Ridley gave a staff report and provided a site map. The applicant, John Myhre with Southview Senior Living, was available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. The Council discussed the request. Councilmember Fields noted she would like to see the Gazebo area moved or arranged (such as a pocket park) where it would be accessible to the public. The applicant was supportive of the idea and agreed to work with Parks and Recreation Director Pimental. After further discussion it was the consensus of the Council to continue the item. Councilmember Fields moved, Councilmember Bakken seconded a motion to continue the Comprehensive Guide Plan Amendment, Rezoning, Preliminary Planned Development and Preliminary Subdivision to the October 16, 2018 City Council meeting. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA CITY COUNCIL Councilmember Fields announced the Lone Oak Days at Holz Farm is this weekend. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Tilley moved, Hansen seconded a motion to adjourn the meeting at 8:19 p.m. Aye: 5 Nay: 0 OCA C�' • Date 6�' �Mlj4r�) V