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06/03/2014 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JUNE 3, 2014 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire and Councilmembers Fields, Hansen and Tilley. Councilmember Bakken was absent. A regular meeting of the Eagan City Council was held on Tuesday, June 3, 2014 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers 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 Community Development Hohenstein, City Planner Ridley, City Engineer Gorder, Police Chief McDonald, and Executive Assistant Stevenson. AGENDA City Administrator Osberg noted two additions to the Consent Agenda, Item 0. to approve an Exempt Permit for the Eagan Resource Center to hold a raffle on July 9, 2014 at Jensen's Supper Club, 3840 Cedarvale Blvd and Item P. to approve AccessEagan non - exclusive access and use agreement with Granite Telecommunications, LLC. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye:4 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions or presentations to be heard. CONSENT AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Consent Agenda as amended: Aye: 4 Nay: 0 A. It was recommended to approve the minutes of May 13, 2014 Special City Council meeting and May 20, 2014 regular City Council meeting. B. Personnel Items 1. It was recommended to accept the resignation of William Boyd, Utility Maintenance Worker, effective June 20, 2014 and authorize hiring his replacement. 2. It was recommended to approve the Memorandum of Understanding between the City of Eagan, MN, Michael I. Widstrom and Minnesota Teamsters Public Employees and Law Enforcement. 3. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation, Engineering, Streets, Finance, Water Quality and Utilities. C. It was recommended to approve check registers dated May 16, and May 23, 2014. D. It was recommended to approve a resolution adopting and authorizing implementation of the performance measures developed by the Council on Local Results and Innovation. E. It was recommended to accept the resignation of Michael Supina from the Advisory Planning Commission. City Council Meeting Minutes June 3, 2014 2 page F. It was recommended to appoint Joseph Dierkes to a one -year term on the Advisory Planning Commission. G. It was recommended to approve an easement vacation and final subdivision for Great Oaks 2nd Addition — Mark Gergen & Associates. H. It was recommended to adopt the 5 -year Capital Improvement Plan for Public Works Infrastructure, Part III (2015 -2019) and authorize the initiation of the public improvement process for the 2015 programmed improvements. I. It was recommended to approve specific additions and modifications to the Winter Trail Maintenance Program as endorsed by consensus at the May 13, 2014 Council Workshop. J. It was recommended to approve the final payment to Xcel Energy for the relocation of a gas pipeline, in the amount of $233,129.00 for Project 1088 (Nicols Road — Phase II — Street & Utility Improvements), and authorize the Mayor and City Clerk to execute all related documents. K. It was recommended to approve the Final Subdivision and Final Planned Development for Dakota Path 2nd Addition — D.R. Horton. L. It was recommended to approve Change Order No. 6 to Contract 13 -05 (Cedar Grove Parking Garage) and authorize the Mayor and City Clerk to execute all related documents. M. It was recommended to approve Street Sign Management & Maintenance Policy and authorize the Mayor and City Clerk to execute all related documents. N. It was recommended to approve a Final Plat upon approximately 0.75 acres located west of Biscayne Avenue and south of Red Pine Lane at Gun Club Road. 0. It was recommended to approve Exempt Permit for the Eagan Resource Center to hold a raffle on July 9, 2014 at Jensen's Supper club, 3840 Cedarvale Blvd. P. It was recommended to approve AccessEagan non - exclusive access and use agreement with Granite Telecommunications, LLC. 2013 COMPREHENSIVE ANNUAL FINANCIAL REPORT City Administrator Osberg introduced the item noting the Council is being asked to receive and accept the 2013 Comprehensive Annual Financial Report. Finance Director Pepper introduced Matt Mayer, an auditor with Kern, DeWenter, Viere, Ltd., who gave a presentation summarizing the financial report. Pepper and Assistant Finance Director Feldman were available for questions. Councilmember Fields moved, Councilmember Hansen seconded a motion to receive and accept the 2013 Comprehensive Annual Financial Report. Aye: 4 Nay: 0 PUBLIC HEARING VARIANCE (1443 LONE OAK ROAD) — THORSON HOMES, INC. City Administrator Osberg noted the property is zoned R -1 with access from Lone Oak Road. Lone Oak Road is classified as a Major Thoroughfare with the required minimum front setbacks of 50' or 125' from the right -of -way center line, whichever is greater. Osberg noted in this case, the 125' City Council Meeting Minutes June 3, 2014 3 page from the centerline is the greater measure, and equates to 67.5' setback from the front lot. City Planner Ridley gave a staff report. The applicant was present and available for questions. Mayor Maguire opened the public hearing. Nancy Gove, 1435 Lone Oak Road, addressed the Council with her concerns over the alignment of the drive. After some discussion it was determined that the alignment of the driveway was a County issue. Brian Thorson with Thorson Homes Inc., noted the driveway alignment was in accordance with previous plans. There being no further public comment, the Mayor turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Variance of variance of 17.5' to the required front yard setback of 125' from the right -of -way center line of Lone Oak Road, for property located at 1443 Lone 'Oak Road, subject to the following conditions: Aye: 4 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 required prior to commencing construction. 3. New residential construction shall achieve a minimum of 19dBa interior sound level reduction within Zone 4 Buffer and an interior sound level of 45dBa. OLD BUSINESS PLANNED DEVELOPMENT AMENDMENT (FIESTA CANCUN) — TRI -STAR MANAGEMENT City Administrator Osberg noted this proposal appeared before the City Council on May 5, 2014, and was continued to the June 3, 2014 meeting to allow the applicant time to address concerns about screening, landscaping, seating, and noise. Osberg noted the applicant has submitted a revised patio plan. City Planner Ridley gave a staff report noting the revised changes to the patio plan. Ridley noted if approved a condition should be added specifying the approval date of the revised modified plan. The building owner, Mark Ravich, and the applicant were present and available for questions. The Council discussed the revised patio plan. Mayor Maguire noted the revised plan and asked if the applicant would be willing to reduce the number of tables /seats to 10 tables and 40 seats. The applicant agreed to that reduction. Mayor Maguire then noted the proposed 36" decorative railing patio enclosure and asked the applicant if he would be open to start a transition from the railing at the back gate of the patio to a durable opaque fencing consistent with City Code standards that would go from 3 ft. to 6 ft. or 8 ft. around the corner, so as to contribute to visual screening and noise mitigation. The decorative railing would then continue along the south side and the remainder of the patio to the west. Mr. Ravich was open to the suggestion. Regarding the landscaping, Mayor Maguire suggested the City Forester review the plan. The applicant was open and flexible to the size and positioning of the trees used for screening. City Council Meeting Minutes June 3, 2014 4 page Mayor Maguire opened the public comment. The following residents addressed the Council with their concerns regarding screening, landscaping, fencing, seating, trespassing, and noise: Claudia Danner, 1004 Coneflower Court, Heather Stoesz, 1001 Coneflower Court, Tim Pond, 1000 Wildflower Court, Roman Melamed, 1000 Coneflower Court, Paul Danner, 1004 Coneflower Court, and Dan Eichstaedt, 997 Coneflower Court. Ms. Danner also provided a petition of opposition signed by 68 residents of the Wildflower development. There being no further public comment, the Mayor turned the discussion back to the Council. The Council discussed the revised patio plan. Mayor Maguire made the following suggestions for compromise: to have opaque screening at 6 ft. or 8 ft. height along with landscape trees at the back of the patio, and to reduce the patio seating to a maximum of 10 tables and 40 seats. Councilmember Hansen stated he generally agreed with the proposed compromises, but asked the applicant if there was room to lower the number of patio seats. The applicant responded that he believed 40 seats would be the lowest in order to be successful with the investment given the short outdoor patio season. Councilmembers Fields agreed with the 10 tables and 40 seats, the opaque fencing and the placement of the 6 ft. trees. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow outdoor patio dining in conjunction with a restaurant with an on- sale liquor license upon property located at 4250 Lexington Avenue South, subject to the following conditions as amended: Aye: 4 Nay: 0 1. The outdoor dining area shall be kept in a clean and orderly manner. No food or beverages may be stored outdoors, unless a suitable means for such storage has been reviewed and approved by the City. 2. The hours of operation of the outdoor dining area shall be restricted to the hours of operation within the principal restaurant's interior space. In no case shall the outdoor dining patio be utilized after 10:00 p.m. 3. Use of an outdoor sound system shall be prohibited. 4. The applicant shall be responsible for obtaining a SAC determination and payment of associated fees. 5. Landscaping shall be added along the south and east sides of the patio outside the fence to provide a screen buffer between the patio and the neighborhood and public right -of -way, as well as for aesthetic reasons. A Landscape Plan to include an opaque fence and trees and the rear of the patio shall be provided for staff review and approval and for inclusion in the PD Amendment Agreement. 6. The outdoor patio shall be constructed of permeable pavers rather than concrete to offset decreased green space and provide additional on -site infiltration of storm water runoff. Details of the paver design and installation specification shall be submitted with the Building Permit, and shall be subject to review and approval by City Engineering staff to ensure permeable design and function. 7. The patio dining as preliminary shown on the Site Plan submitted with the latest revision date of May 12, 2014, to be revised to limit the seating to 10 tables and 40 seats. The City Council took a 10 minute recess. City Council Meeting Minutes June 3, 2014 5 page NEW BUSINESS CONDITIONAL USE PERMIT AND VARIANCE — SCOTT AND KART ANDERSON City Administrator Osberg noted the applicants have made improvements to their property, which includes replacement /expansion of the driveway and construction of a sport court. Osberg noted there are two actions for the Council to consider: a Conditional Use Permit to exceed 25% impervious surface coverage and a variance of 7 ft. to the required maximum driveway of 22 ft. City Planner Ridley gave a staff report. The applicant, Kari Anderson, 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 Hansen moved, Councilmember Fields seconded the motion to approve a Conditional Use Permit to exceed 25% impervious surface coverage in a Shoreland Overlay District for a sport court and hardscape improvements for property located at 3844 Big Timber Trail, subject to the following conditions: Aye:4 Nay:0 1. This conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council with the following exhibit: Mitigation Plan received April 18, 2014 2. The impervious surface of this lot shall not exceed 29.5% per the Site Plan dated November 20, 2013. 3. Prior to the release of the Conditional Use Permit for recording, the applicant shall provide a $1,000 escrow deposit for inspection of the rain garden(s) installation. 4. The proposed rain gardens /infiltration basins shall be designed and constructed to accommodate a minimum of 100% of the runoff from a 100 -year, 24 -hour event (6.0 "), from the lot's excess impervious surfaces (over 25% impervious coverage). 5. All rain gardens /infiltration basins shall be constructed so that temporary ponded runoff has infiltrated below the surface within 48 hours after the end of a rain event. 6. During construction of the rain gardens /infiltration basins, the applicant shall notify the City, with minimum of 24- hour's notice, for inspection opportunities during critical construction stages (over- excavation, prior to soil replacement, prior to mulching, etc.). City time involved in project inspection shall be withdrawn from the applicant's project escrow. 7. As -build drawings and capture volume measurements shall be provided to the City that verify minimum storage volume requirement is being met. 8. The applicant shall enter into a long -term stormwater facility inspection and maintenance agreement, detailing the maintenance required to maintain proper operation and performance of the rain gardens /infiltration basins, in a form acceptable to the City Attorney, to be filed in the property records with Dakota County Recorder's Office, at the applicant's expense. Councilmember Hansen moved, Councilmember Fields seconded the motion to approve a Variance of 7 ft. to the required maximum driveway width of 22 ft. for property located at 3844 Big Timber Trail, subject to the following conditions: Aye: 4 Nay: 0 1. The driveway shall not exceed the size as shown on the Site Plan received November 20, 2013. City Council Meeting Minutes June 3, 2014 6 page CONDITIONAL USE PERMIT AND VARIANCE — VERIZON WIRELESS City Administrator Osberg noted the parcel is zoned Public Facility and developed as Trinity Lutheran Lone Oak Church and school. The Council is being asked to consider a Conditional Use Permit to allow a 100 -foot telecommunications tower with a 15 -food cross and a Variance to locate a telecommunications tower in a side yard. City Planner Ridley gave a staff report. Ridley noted if approved a condition should be added specifying the monopole and cross should not be illuminated. The applicant, Blake Conklin, Faulk and Foster Real Estate, Inc. 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 Tilley moved, Councilmember Hansen seconded the motion to approve a Conditional Use Permit to allow a 100 -foot telecommunications tower with a 15 -foot cross for property located at 2950 Hwy 55, subject to the following conditions as amended: Aye: 4 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The property shall be platted prior to issuance of a Building Permit. 3. The monopole and cross shall be the same color. 4. The applicant shall provide the City documentation from a registered structural engineer confirming the structural integrity of the proposed monopole. The documentation shall be submitted with the Building Permit application. 5. The equipment building shall be constructed of similar material, color and trim to match the existing building. 6. The monopole and equipment building shall be maintained in premium condition. 7. The existing private storm sewer that runs near the site shall be relocated if it conflicts with the proposed tower or associated equipment. 8. The monopole and cross should not be illuminated. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Variance to locate a telecommunications tower in a side yard for property located at 2950 Hwy 55, subject to the following conditions: Aye: 4 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. The monopole telecommunications tower shall be located as shown on the proposed Site Plan received March 19, 2014. ORDINANCE AMENDMENTS — MICROBREWERIES, BREWER TAPROOMS, FARM WINERIES & MICRODISTILLERIES City Administrator Osberg noted the Council is being asked to consider two Ordinance Amendments, one to Chapter 11 regarding microbreweries, brewer tap rooms, farm wineries and microdistilleries, and City Council Meeting Minutes June 3, 2014 7 page to Chapter 5 regarding microbreweries, brewer tap rooms, farm wineries and microdistilleries, setting the license fee for brewer tap rooms to $600 and the license fee for brewer off -sale licenses to $200. City Planner Ridley gave a staff report regarding the Ordinance Amendment to Chapter 11 and Assistant City Administrator Miller provided additional information regarding the license fees associated with the Ordinance Amendment to Chapter 5. The Council discussed the ordinance amendments. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve an Ordinance Amendment to Chapter 11 regarding microbreweries, brewer tap rooms, farm wineries and microdistilleries and direct the City Attorney to publish the amendment or summary accordingly. Aye: 4 Nay: 0 Councilmember Fields moved, Councilmember Hansen seconded a motion to approve an Ordinance Amendment to Chapter 5 regarding microbreweris, brewer tap rooms, farm wineries and microdistilleries, set the license fee for brewer tap rooms to $600 and the license fee for brewer off -sale licenses to $200 and direct the City Attorney to publish the summary amendment. Aye: 4 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative /intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA There were no administrative agenda items to be heard. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Fields moved, Councilmember Hansen seconded a motion to adjourn the meeting at 8:28 p.m. Aye: 5 Nay: 0 Sow- 1 -4 1" 1 Ll Date A. -A Mayor City Clerk