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12/17/2013 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota DECEMBER 17, 2013 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 Tuesday, December 17, 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 Communications Garrison, Director of Finance Pepper, Assistant Finance Director Feldman, Director of Parks and Recreation Johnson, Director of Community Development Hohenstein, City Planner Ridley, Assistant City Engineer Nelson, Fire Chief Scott, Police Chief McDonald, City Clerk Scipioni and Executive Assistant Stevenson. AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye:5 Nay :0 RECOGNITIONS AND PRESENTATIONS Mayor Maguire thanked the new fire fighters for their time and impending service to the City of Eagan. Fire Chief Scott administered the Oath of Office to the new volunteer fire fighters. CONSENT AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to adopt the Consent Agenda as presented: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of December 3, 2013 regular City Council meeting. B. Personnel Items 1. It was recommended to accept the resignation of Officer Michael Anderson and authorize hiring his replacement. 2. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation and Utilities. C. It was recommended to approve check registers dated November 29 and December 6, 2013. D. It was recommended to approve the 2013 -2014 Airport Relations Commission Work Plan. E. It was recommended to authorize the application of a second -year grant from Blue Cross & Blue Shield of Minnesota for a Streets Alive (Open streets) community event. F. It was recommended to authorize the application of a grant from the Metropolitan Regional Arts Council for a Community Arts Grant. G. It was recommended to approve the 2015 -16 Fee Schedule for the Eagan Community Center. H. It was recommended to approve an Amendment to Consulting Engineering Fee Schedule (2014). I. It was recommended to approve the MS4 Permit Application to MN Pollution Control Agency. City Council Meeting Minutes December 17, 2013 2 page J. It was recommended to approve Change Order No. 1, City Contract No. 13 -01 (Cedar Grove Blvd Street & Utility Improvements). K. It was recommended to approve Final Payment, City Contract No.13 -24, Easter by the Lake — Thomas Lake Protection Project. L. It was recommended to approve an extension for Spectrum Business Park Conditional Use Permits and Variances. M. It was recommended to authorize Submittal of FY 2014 Community Development Block Grant Application to the Dakota County CDA. N. It was recommended to authorize Submittal of 2014 Redevelopment Incentive Grant Application to the Dakota County CDA. 0. It was recommended to approve a Temporary On -Sale Liquor License and waive the license fee for Trinity School at River Ridge on January 25, 2014. P. It was recommended to approve an On -Sale Liquor and Sunday Liquor License, effective Monday through Friday 3 p.m. to close and Saturday and Sunday 10 a.m. to close, for Cupcake, Inc. dba Cupcake /The Mason Jar, located at 1565 Cliff Road. Q. It was recommended to approve the Final Plat —Cedar Grove 3rd Addition and acknowledge modification of unit count for The Flats at Cedar Grove. PUBLIC HEARINGS 2014 FEE SCHEDULE City Administrator Osberg introduced the item noting the Council will be asked to approve the 2014 Fee Schedule establishing the fees for various City services, supplies and materials. Assistant Finance Director Feldman was available for questions. Mayor Maguire opened the public hearing. There being no public comment, Mayor Maguire turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing and adopt a resolution approving the 2014 Fee Schedule establishing fees for various City services, supplies and materials. Aye: 5 Nay: 0 VARIANCE — 586 TODD AVENUE (BRANDON SMITH) City Administrator Osberg introduced the item noting the Council will be asked to approve a 17' variance request located at 586 Todd Avenue containing a single - family home with property abutting Highway 3 to the east. The applicant proposes a 16' x 23.5' addition to the east side of the garage. City Planner Ridley gave a staff report. The Council discussed the variance request. Mayor Maguire opened the public hearing. A resident addressed the Council noting her support for the variance. There being no further comment, Mayor Maguire turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve a Variance of approximately 17' to the minimum required 50' structure setback from a public right -of -way to allow a City Council Meeting Minutes December 17, 2013 3 page garage addition for property located at 586 Todd Avenue, 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. 2. A Building Permit is required prior to commencing construction of the garage addition. 3. The addition shall be constructed of materials and architecture to match the principal structure. 4. The shed shall be relocated onto the property and in a location that complies with City Code standards prior to issuance of the Building Permit for the garage addition. Depending on the size of the shed, either a Zoning Permit or Building Permit shall be obtained prior to moving the shed. VARIANCE — PARADISE CAR WASH City Administrator Osberg introduced the item noting the site was developed in 1988 with a car wash facility. A Conditional Use Permit to allow the car wash and motor fuel sales was approved the same year. In 2013 a Building Permit was issued for a major exterior renovation. Osberg noted staff notified the contractor and owner during review of the permit that the City Code required the trash container to be stored indoors or in an enclosure attached to the building. City Planner Ridley gave a staff report. The applicant Steve Smith provided some background on the business, the recent remodel of the facility and stated he was available for questions. Mayor Maguire opened the public hearing. There being no public comment, Mayor Maguire turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Variance to allow a detached trash enclosure for property located at 1355 Town Centre 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. 2. A Building Permit is required prior to commencing construction of the building. 3. The building shall not exceed the size shown on the proposed Site Plan received November 11, 2013. 4. All mechanical equipment shall be screened from views from off the site, with a physical screen, consistent with the provisions in the City Code by June 1, 2014. 5. The proposed trash enclosure shall be designed to match the existing materials of the car wash. 6. The applicant shall submit a Landscape Plan for City staff review and approval that incorporates evergreen shrubs to screen the detached trash enclosure from Town Centre Drive right -of -way by June 1, 2014. City Council Meeting Minutes December 17, 2013 4 page OLD BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT— GREGORY PREUSSE City Administrator Osberg introduced the item noting the Council is being asked to give consideration to authorization and submit a Comprehensive Guide Plan Amendment to the Metropolitan Council to change the land use designation from BP (Business Park) to MD (Medium Density) for approximately 3 acres located at 4135 Old Sibley Highway. City Planner Ridley gave a staff report noting City staff received one letter of objection to the proposed amendment. Gregory Preusse, the applicant, gave a summary of his request and was available for questions. The Council discussed the Comprehensive Guide Plan Amendment. Mayor Maguire asked if anyone in the audience would like to comment on the comprehensive guide plan amendment. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to direct staff to submit a Comprehensive Guide Plan Amendment to the Metropolitan Council to change the land use designation from BP (Business Park) to MD (Medium Density) for approximately 3 acres located at 4135 Old Sibley Highway. Aye: 3 (Councilmembers Fields, Hansen, Tilley) Nay: 2 (Mayor Maguire, Councilmember Bakken) ORDINANCE AMENDMENT— AN ORDINANCE AMENDMENT TO CITY CODE CHAPTER 5.52 REGARDING THE NUMBER OF AVAILABLE ON -SALE LIQUOR LICENSES City Administrator Osberg introduced the item noting City Code restricts the number of on -sale liquor licenses the City may issue. The current limitation is 37 licenses (three for hotels, 27 for full - service restaurants and seven for hotels or full- service restaurants). The City currently has one hotel and three unallocated licenses available. Osberg noted in 2003 the Legislature effectively eliminated the liquor license cap by exempting clubs, restaurants, hotels, theaters and bowling centers. The proposed ordinance amendment removes the limitation to the number of on -sale liquor licenses the City may issue. City Clerk Scipioni was available for questions. Mayor Maguire asked if anyone in the audience would like to comment on the ordinance amendment. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an Ordinance Amendment to City Code Chapter 5.52 regarding the number of available on -sale liquor licenses and direct the City Attorney to publish the ordinance amendment. Aye: 5 Nay: 0 NEW BUSINESS There were no new business items to be heard. City Council Meeting Minutes December 17, 2013 5 page LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Osberg introduced the item noting staff discussed the 2014 Legislative Positions with the Council at the December 10th workshop, and received input on some suggested changes. The format has been changed a bit from years past in an effort to condense the positions, and make them well- defined and more easily understood for the public. Osberg noted in keeping with past practice, the City's legislative priorities and positions will be sent to each member of Eagan's legislative delegation in advance of the January 14, 2013 Special City Council meeting, at which the Council and legislative delegation will have an opportunity to dialogue about the City's positions. The Council discussed the positions. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the City of Eagan's 2014 Legislative Positions as amended. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA CITY COUNCIL Mayor Maguire thanked staff for their time and commitment over the past year. 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 7:41 p.m. Aye: 5 Nay: 0 Date Mayor City Clerk