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05/20/2014 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota MAY 20, 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 Tuesday, May 20, 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, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Director of Parks & Recreation Johnson, Deputy Chief Johnson, Fire Chief Scott, 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 Director of Public Works Matthys recognized and presented a plaque to Craig Jensen, Streets Maintenance Worker, for his more than 30 years of service to the City of Eagan. Mr. Jensen thanked the City for the opportunity to serve. The City Council thanked Mr. Jensen for his service to the City. CONSENT AGENDA Mayor Maguire pulled Item P. for separate action and discussion. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent Agenda as presented: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of May 5, 2014 regular City Council meeting. B. Personnel Items 1. It was recommended to approve the hiring of Nathan Voye, FT Firefighter with Eagan Fire Department. 2. It was recommended to approve the hiring of the Central Maintenance Facility PT Clerical Technician IV "to be named ". 3. It was recommended to approve the hiring of Robin Pollard, Temporary Clerical Technician in Community Development. 4. It was recommended to accept the resignation of Police Officer Scott Heath and authorize hiring his replacement. 5. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation. C. It was recommended to approve check registers dated May 2, and May 9, 2014. D. It was recommended to award a contract for refurbishment of a Fire Support Truck, award a contract to replace an existing fire engine and authorize the sale of the existing fire engine. City Council Meeting Minutes May 20, 2014 2 page E. It was recommended to approve a resolution to accept a donation of $1000 from the Eagan Rotary Club for the Fire Department and Police Department and authorize the necessary budget adjustments. F. It was recommended to schedule a Public Hearing on June 17, 2014 to consider an amendment to the City of Eagan Business Assistance Policy regarding the use of Tax Abatement for specific purposes. G. It was recommended to schedule a Public Hearing on June 17, 2014 to consider approval of public financing assistance to Databank LLC for the development of a colocation data center at 3255 Neil Armstrong Boulevard, including an application for a Minnesota Department of Employment and Economic Development Minnesota Investment Fund forgivable loan and a Tax Abatement District for the City portion of new property taxes generated by investments associated with the project. H. Item was removed. I. It was recommended to approve an amendment to the resolution vacating a public ponding easement located on property in the East % of the West %2 of Section 10, Township 27, Range 23, now described as the LeMay Lake Family Townhomes Addition (aka Lakeshore Townhomes), and authorize the Mayor and City Clerk to execute all related documents. J. It was recommended to receive the petition to vacate a portion of a public drainage and utility easement on Lot 21, Block 1, Fawn Ridge, and schedule a Public Hearing to be held on June 17, 2014. K. It was recommended to cancel the July 8, 2014 Special City Council meeting. L. It was recommended to approve an off -sale liquor license for Keltic Kowboy, LLC doing business as Black Diamond Liquors located at 525 Diffley Road. M. It was recommended to direct the City Attorney's Office to prepare an ordinance amendment to City Code Chapter 10.43 relative to false alarm regulations. N. It was recommended to approve a temporary on -sale 3.2 percent malt liquor (beer) license and waive the license fee for All Saints Lutheran Church's Community Gathering on June 4, 2014 at 3810 Lexington Avenue South. O. It was recommended to approve naming the new neighborhood park in the Cedar Grove area Bridgeview Park, and indicate such on associated literature and signage. P. It was recommended to approve the plans and specifications for Contract 14 -13 (2014 Trail & Parking Lot Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, June 26, 2014. Mayor Maguire noted Item P. addresses the plans and specifications for Contract 14 -13 (2014 Trail & Parking Lot Improvements) and the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, June 26, 2014. Director of Public Works Matthys provided more content on the contract details and information on an 8 -foot wide bituminous trail scheduled to be installed on the east side of Blackhawk Road, from Diffley Road to the Highline Trail, as part of Contract 14 -13. Ron Staeheli, 4300 Blackhawk Road, addressed the Council with his concerns regarding placement of the trail and grade of his driveway and that of his neighbor's, Iona Kruger, 4290 Blackhawk Road, who asked Mr. Staeheli to advocate for her too. Director of Public Works Matthys responded to Mr. Staeheli's concerns. City Council Meeting Minutes May 20, 2014 3 page After further discussion it was the consensus of the City Council to address the proposed trail on the east side of Blackhawk Road at a future Public Works Committee meeting while proceeding with the 2014 Trail & Parking Lot Improvements. Councilmember Fields moved, Councilmember Hansen seconded a motion to adopt Item P. on the agenda as presented and include the trail on Blackhawk Road as an alternate bid. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to direct staff to schedule the trail on Blackhawk Road, from the 2014 Trail & Parking Lot Improvements, to a future Public Works Committee meeting. Aye: 5 Nay: 0 PUBLIC HEARINGS VARIANCE — TANYA & ALAN KUZNAR, 1374 BERRY RIDGE ROAD City Administrator Osberg noted the Council will be asked to consider a variance in the Berry Ridge Addition which was platted in 1989 and the house constructed in 1990. Osberg noted the lot is 12,010 s.f. in area, and is a corner lot. City Planner Ridley gave a staff report. Alan & Tanya Kuznar were present and available for questions. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Variance of 12' to the minimum structure setback of 30' from a public right -of -way for construction of a garage addition upon property located at 1374 Berry Ridge Road, 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 shall be obtained prior to commencing construction. 3. The existing shed shall be removed from the property prior to issuance of building permit. 4. The exterior materials of the proposed garage addition shall match the existing structure. VARIANCE — HERREGAN DISTRIBUTION City Administrator Osberg noted the Council will be asked to consider a variance of 7.5% to the maximum allowed building lot coverage which is currently at 35% to allow construction of a 16,000 SF building addition on property located at 3695 Kennebec Drive. City Planner Ridley gave a staff report. The applicant and property owner were present and available for questions. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. City Council Meeting Minutes May 20, 2014 4 page Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Variance of 7.5% to the maximum allowed building lot coverage of 35% to allow construction of a 16,000 SF building addition on property located at 3695 Kennebec 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. The applicant shall satisfy all water quality and run -off requirements. 3. The building addition shall be designed to match the existing exterior building materials /architecture. 4. The building addition shall be consistent with the depiction on the Site Plan submitted on April 18, 2014. 5. A Building Permit shall be required prior to construction of the building addition. VARIANCE — DATABANK HOLDINGS, LTD City Administrator Osberg noted the Council will be asked to consider a variance of 30' to the minimum structure setback of 40' from a public right -of -way for construction of a screen wall enclosure upon property located at 3255 Neil Armstrong Boulevard. City Planner Ridley gave a staff report. Kevin Ooley, Chief National Officer for DataBank, gave an overview of the company. The architect representing DataBank provided additional information on the proposed operation and design of the site; both were available for questions. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Variance of 30' to the minimum structure setback of 40' from a public right -of -way for construction of a screen wall enclosure upon property located at 3255 Neil Armstrong Boulevard, subject to the following conditions: Aye:S Nay:O 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. 3. The security gates shall have lockboxes with key access for emergency personnel to be able to access that area in case of fire or other emergency. 4. The location of the security gates shall be set back sufficient distance from the street curb to ensure sufficient depth between the street and the gate to ensure vehicles using this entrance will not block the right -of -way. 5. The applicant shall obtain a permit to work in the right -of -way for the proposed new access to Neil Armstrong Blvd. City Council Meeting Minutes May 20, 2014 5 page 6. At the time of Building Permit application, acoustic information shall be provided about the noise level of the equipment to demonstrate compliance with State standards. OLD BUSINESS There were no old business items to be heard. NEW BUSINESS There were no old business items to be heard. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative /intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA CITY COUNCIL Councilmember Fields acknowledged it was Public Works Week. 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 7:26 p.m. Aye: 5 Nay: 0 Tuele, 3. 02o1LI Date ❑ "'""l./ Mayor City Clerk