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08/04/2014 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota AUGUST 4, 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, and Hansen. Councilmember Tilley was absent. Mr. Pietsch, 4275 Dodd Road, addressed the Council regarding his home occupation and the speed of traffic on Dodd Road. The Council discussed the Home Occupation rules and asked staff to follow up with Mr. Pietsch. A regular meeting of the Eagan City Council was held on Monday, August 4, 2014 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, and Hansen. Councilmember Tilley was absent. Also present were City Administrator Osberg, Assistant City Administrator Miller, Director of Finance Pepper, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Police Chief McDonald, Director of Parks & Recreation Johnson, and Executive Assistant Stevenson. Mayor Maguire took a moment to comment on the fatal shooting of Officer Scott Patrick that occurred on July 30, and passed along sympathies to the Mendota Heights community and Officer Patrick's family. Mayor Maguire also noted the passing of Alyce Bolke, Eagan's first Clerk of the Eagan Township; she was appointed in July 1961. AGENDA Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye:4 Nay :0 RECOGNITIONS AND PRESENTATION There were no recognitions or presentations to be heard. CONSENT AGENDA Councilmember Fields moved, Councilmember Hansen seconded a motion to approve the Consent Agenda as amended: Aye: 4 Nay: 0 A. It was recommended to approve the minutes of July 15, 2014 regular City Council meeting. B. Personnel Items 1. It was recommended to accept the resignation of Karen Grimm, Animal Control Officer, and authorize hiring her replacement. 2. It was recommended to approve the hiring of Dakota Kenyon, Fitness Coordinator at the Eagan Community Center. 3. It was recommended to approve the reclassification of Alexandra O'Leary, Accountant, from Level 9 to Level 11. City Council Meeting Minutes August 4, 2014 2 page 4. It was recommended to approve the reclassification of the City Clerk from Level 10 to Level 11. 5. It was recommended to approve the hiring of Casey Cayer, Volunteer Firefighter /Dorm Program. 6. It was recommended to approve the hiring of Seasonal /Temporary Employees in Parks & Recreation and Community Development. C. It was recommended to approve the check registers dated July 18 and July 25, 2014. D. It was recommended to approve a resolution to accept a donation of $100 from an Eagan resident for the Fire Department and authorize the necessary budget adjustments. E. It was recommended to submit a letter of intent to cooperate in the Fire and Rescue Shared Services Feasibility Study Grant Program Application. F. It was recommended to appoint City representatives to the LOGIS Board of Directors. G. It was recommended to adopt a proclamation recognizing August 5, 2014, as "National Night Out" in Eagan. H. It was recommended to adopt a resolution and authorize an agreement to accept a $21,490 grant from the Minnesota Department of Commerce and authorize a corresponding budget adjustment. I. It was recommended to approve the Police Liaison Services Agreement between the City of Eagan and Independent School District (ISD) 196. J. It was recommended to approve a contract with Velocity for a fiber rental agreement for a temporary connection. K. It was recommended to approve a service agreement with Dakota Electric Association — Central Maintenance Facility. L. It was recommended to approve Contract 14 -14, Cedar Grove Parking Garage & Redevelopment District Facility Management Services. M. It was recommended to approve Change Order No. 1 to Contract No. 14 -16 (Blackhawk Middle School Stormwater Management) and authorize the Mayor and City Clerk to execute all related documents. N. It was recommended to receive the petition to vacate public drainage and utility easements on Lot 1, Block 1, Town Centre 100 First Addition, Outlot A, Town Centre 100 Twelfth Addition, and Lot 2, Block 1, Eagan Place 4t" Addition, and schedule a public hearing to be held on September 2, 2014. 0. It was recommended to accept the resignation of Richard Arneson from the Energy and Environment Advisory Commission and appoint alternate Aditya Jayam Prabhakar to complete the term in place of Richard Arneson. P. It was recommended to approve a resolution to accept a donation for the Puppet Wagon show from Edible Arrangements. Q. It was recommended to authorize application of a grant from the Minnesota Association for Volunteer Administration (MAYA) Small Grant for starting or enhancing a City Volunteer Program. R. It was recommended to approve the completion of Project 07 -0, Marsh Cove Final Acceptance. S. 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 August 20, 2014 at 3810 Lexington Avenue South. T. It was recommended to approve an Exempt Permit for the Eastview Community Foundation to hold a raffle on September 28, 2014 at the Eagan Community Center. City Council Meeting Minutes August 4, 2014 3 page U. It was recommended to schedule a public hearing date for September 2, 2014 to certify delinquent utility bills. V. It was recommended to reschedule the August 14, 2014 Special City Council start time from 8:45 a.m. to 8:00 a.m. W. It was recommended to approve Interconnection /Transformer Agreement with Dakota Electric Association —Central Maintenance Facility. X. It was recommended to schedule a public hearing date for September 2, 2014 to certify delinquent nuisance abatement bills. Mayor Maguire recognized Tuesday, August 5, 2014, as "National Night Out" in the City of Eagan. Police Chief McDonald noted there are 173 registered block parties for National Night Out. Chief McDonald reminded residents to lock your doors, turn on your lights, and go outside and meet your neighbors. Councilmember Bakken pulled for separate action Items K and W - agreements with Dakota Electric Association. Councilmember Fields moved, Councilmember Hansen seconded the motion to approve Items K and W. Aye: 3 Nay: 0. Councilmember Bakken abstained due to his association with the Dakota Electric Board of Directors. PUBLIC HEARINGS LOT 2, BLOCK 1, EAGANDALE OFFICE PARK 5T" ADDITION EASEMENT VACATION City Administrator Osberg noted the action before the Council would allow the vacation of drainage and utility easements located on Lot 2, Block 1, Eagandale Office Park 5th Addition to coincide with action on the proposed Eagandale Office Park 6th Addition final subdivision. Director of Public Works Matthys gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Bakken seconded the motion to close the public hearing and continue action on the vacation of drainage and utility easements located on Lot 2, Block 1, Eagandale Office Park 5th Addition to coincide with action on the proposed Eagandale Office Park 6th Addition final subdivision and authorize the Mayor and City Clerk to execute all documents. Aye: 4 Nay: 0 PUBLIC HEARINGS CONDITIONAL USE PERMIT AND VARIANCE — HOYT PROPERTIES City Administrator Osberg noted the parcel is zoned Limited Industrial (1 -1), located at 3771 Sibley Memorial Highway. Osberg noted there are two items to consider a Conditional Use Permit to allow outdoor storage of steel poles, storage pallets, small trailers, repair equipment and 2 roll off dumpsters, and a Variance of 20' to allow parking at the property line for property located at 3771 Sibley Memorial Highway. City Planner Ridley gave a staff report. Jim Kellison, representing Hoyt Properties, thanked City staff for working with Hoyt, and provided a summary of the request and stated he was available for questions. City Council Meeting Minutes August 4, 2014 4 page 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 Conditional Use Permit (CUP) to allow outdoor storage of steel poles, storage pallets, small trailers, repair equipment and 2 roll off dumpsters at 3771 Sibley Memorial Highway, 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. 2. The applicant shall replat the parcels into one lot prior to December 31, 2014. 3. The outdoor storage shall be limited to the storage of the items, quantities and locations set forth on the Site Plan and as described in the applicant's narrative both received on June 4, 2014. 4. The storage area shall be maintained in an orderly fashion. 5. The applicant shall remove the existing parking lot asphalt from the public right -of -way and establish the parking lot setback of 20 feet; install concrete curb and gutter along the perimeter of the new parking lot boundary, and restore the boulevard, in a manner acceptable to the City Engineer prior to December 31, 2014. The applicant shall obtain a right -of -way permit from the City prior to performing any work within the right -of -way. 6. The applicant shall also restripe the parking lot with parking stalls in accordance with City Code requirements prior to December 31, 2014. 7. The address shall be changed to Seneca Road at the time of Final Plat and the owner shall work with City staff to determine an appropriate address for the building. 8. The storage area shall be fenced and continuously screened from the right -of -way. The fence and screening shall be kept in a good and undamaged condition. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Variance to allow parking at the property line, for property located at 3771 Sibley Memorial Highway, 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. The applicant shall install concrete curb and gutter along the perimeter of the new parking lot boundary, and restore the boulevard, in a manner acceptable to the City Engineer prior to December 31, 2014. The applicant shall obtain a right -of -way permit from the City prior to performing any work within the right -of -way. 3. The applicant shall restripe the parking lot with parking stalls in accordance with City Code requirements prior to December 31, 2014 as shown on the Site Plan received July 9, 2014. 4. The asphalt located between the two existing western most concrete driveway aprons shall also be removed from the right -of -way and be restored in a manner acceptable to the City Engineer prior to December 31, 2014. City Council Meeting Minutes August 4, 2014 5 page OLD BUSINESS There were no old business items to be heard. NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT FOR EAGANDALE OFFICE PARK 6T" ADDITION City Administrator Osberg noted the applicant is asking for the Council to consider a Planned Development Amendment to modify the site plan to allow just one future building upon property located at 1335 -1345 Corporate Center Curve. City Planner Ridley gave a staff report. Andy Manthei, KW Commercial Midwest, was available for questions. The Council discussed the planned development amendment request. 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 the motion to approve a Planned Development Amendment to modify the site plan to allow just one future building upon property located at 1335 -1345 Corporate Center Curve, subject to the following conditions: Aye: 4 Nay: 0 1. An Amendment to the Final Planned Development Agreement shall be executed and the PD Amendment Agreement shall be recorded against the property with the Plat. 2. The property shall be platted. 3. Cross - easements for ingress /egress and shared parking shall be executed in a form acceptable to the City Attorney. 4. Cash park and trail dedications shall be paid prior to release of the Eagandale Office Park 6th Addition plat for recording. 5. Prior to issuance of a grading or building permit for future development, the developer should demonstrate compliance with City Code standards then in effect for post construction stormwater management, including runoff rate control, water quality and volume control. 6. The developer shall be responsible to obtain any outside agency permits as necessary for completion of the site improvements. 7. This PD Amendment is intended to supplement and amend the prior Final Planned Development Agreement. All other terms and conditions of the Final Planned Development Agreement shall remain in full force and effect. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative /intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA City Council Meeting Minutes August 4, 2014 6 page CITY COUNCIL Mayor Maguire noted National Night Out is tomorrow August 5t" and encouraged residents to get outside and meet their neighbors. DIRECTOR OF COMMUNITY DEVELOPMENT Director of Community Development Hohenstein noted the Twin Cities Premium Outlets Grand Opening is Thursday, August 14 with the Ribbon Cutting Ceremony at 9:30 a.m. and stores opening at 10:00 a.m. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Bakken moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:20 p.m. Aye: 4 Nay: 0 .5"1q��H Date Mayor 0, k' 7-4, a� City Clerk