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10/06/2015 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota OCTOBER 6, 2015 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 arrived at 6:30 p.m. A regular meeting of the Eagan City Council was held on Tuesday, October 6, 2015 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire and Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Osberg, Assistant City Administrator Miller, Director of Communications Garrison, Director of Finance Pepper, Parks & Recreation Director Johnson, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Police Chief McDonald, Fire Chief Scott, and Executive Assistant Stevenson. AGENDA City Administrator Osberg noted staff is asking to remove Consent Item K. - Authorization to execute Joint Powers Agreement with Dakota County to use City Broadband Conduit along Johnny Cake Road between Eagan City Hall and Dakota County Western Service Center in exchange for Fiber Strands from the agenda. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as amended. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentations to be heard. CONSENT AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as amended: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of September 8, 2015 Special City Council meeting, and September 15, 2015 regular City Council meeting as presented or modified. B. Personnel Items 1. It was recommended to accept the resignation/retirement of Paul Olson, Superintendent of Parks Maintenance. 2. It was recommended to approve an amendment to the City's Information Technology Policy, Section 3.10: Cell Phone, Smartphone, Tablet, Data Card, and/or Pages. C. It was recommended to ratify the check register dated September 11, 18, 25, 2015 as presented. D. There were no contracts to consider at this time. E. It was recommended to approve a resolution to accept a donation from Minnesota Energy Resources in the amount of $1,400 for the Fire Department and authorize the necessary budget adjustment. City Council Meeting Minutes October 6, 2015 2 page F. It was recommended to approve a resolution to accept a donation from Eagan Residents in the amount of $50 for the Fire Department and authorize the necessary budget adjustment. G. It was recommended to approve a resolution accepting a $1,000 donation from the Eagan Rotary Club and allow staff to make corresponding budget adjustments to the police and fire 2015 budgets. H. It was recommended to approve a resolution accepting a $500 donation from the Dakota County Elk's Club and allow staff to make corresponding budget adjustments to the police 2015 budget. I. It was recommended to approve a Final Plat to create one lot upon 1 acre located at 4095 Blackhawk Road. J. It was recommended to approve an Easement and Right -of -Way Vacation of public easements and right-of-way on Unisys Park Addition and Lot 2, Block 1 Unisys Park 2nd Addition, north of Yankee Doodle Road (CSAH 28) and west of Pilot Knob Road. It was recommended to approve a Final Subdivision (Central Park Commons) to create four lots and five outlots, upon approximately 47 acres located north of Yankee Doodle Road (CSAH 28) and west of Pilot Knob Road. it was recommended to approve a Final Planned Development for an approximately 98,000 s.f. retail building Lot 1, Block 1, Central Park Commons. It was recommended to approve a Final Planned Development for an approximately 111,000 s.f. multi -tenant retail building on Lot 2, Block 1, Central Park Commons. K. Item was removed. L. It was recommended to authorize the submission of a grant from the Metropolitan Regional Arts Council in the amount of $5,000 for a Community Arts Grant. M. It was recommended to approve Change Order #2 for the Fire Station Four remodel project. N. It was recommended to approve a resolution calling for a public hearing on consent to the issuance of educational facilities revenue bonds and authorizing the publication of a notice of the hearing related to the Minnesota Autism Center project. O. It was recommended to receive the Final Assessment Roll for Project 1157 (Blackhawk Hills and Blackhawk Hills 2nd Additions — Street Improvements) and schedule a public hearing to be held on November 2, 2015. P. It was recommended to receive the Final Assessment Roll for Project 1162 (Mallard Park 3rd, 4th Additions — Street Improvements) and schedule a public hearing to be held on November 2, 2015. Q. It was recommended to receive the Final Assessment Roll for Project 1165 (Rooney Addition — Street Improvements) and schedule a public hearing to be held on November 2, 2015. R. It was recommended to receive the Final Assessment Roll for Project 1169 (Wilderness Run 1St & 3rd Additions — Street Improvements) and schedule a public hearing to be held on November 2, 2015. S. It was recommended to receive the Final Assessment Roll for Project 1158 (Cedar Grove 8th Addition —Street Improvements) and schedule a public hearing to be held on November 2, 2015. T. It was recommended to approve an amended and restated Joint Powers Agreement between the Cities of Apple Valley and Eagan regarding the Firearms Training Facility. U. Item was removed. V. It was recommended to adopt a resolution approving an Exempt Permit for Moms & Neighbors Inc., to conduct a raffle on November 13, 2015 at Coopers Restaurant, 4185 South Robert Trail. City Council Meeting Minutes October 6, 2015 3 page W. Item was removed. X. Item was removed. Y. It was recommended to approve Change Order #1 to Contract 15-09 (Citywide Trail & Parking Lot Improvements) and authorize the Mayor and City Clerk to execute all related documents. Z. It was recommended to approve Change Order #2 to Contract 15-09 (Citywide Trail & Parking Lot Improvements) and authorize the Mayor and City Clerk to execute all related documents. AA. It was recommended to approve an increase of $135,000 to the 2015 Vehicles and Equipment Capital Improvements Plan (CIP) Budget for the purchase of certain snow and ice control equipment and authorize the Mayor and City Clerk to execute all related documents. BB. It was recommended to approve a resolution requesting the Minnesota Commissioner of Transportation's approval of the revocation of an existing street segment on the City of Eagan's Municipal State Aid (MSA) roadway system. CC. It was recommended to approve the plans and specifications for Contract 15-11 (Well #22 — Water System Development) and authorize the advertisement for a bid opening to be held on November 2, 2015. DD. It was recommended to receive the petition to vacate a public street easement known as Kingswood Ponds Road (Document No. 1457939) and schedule a public hearing to be held on November 2, 2015. EE. It was recommended to approve the final payment for Contract 14-06 (Denmark Sanitary Lift Station Improvements) in the amount of $20,000 to Ryan Contracting Company, and accept the improvements for perpetual City maintenance subject to warranty provisions. PUBLIC HEARINGS Variance — Kwik Trip City Administrator Osberg introduced the item noting the site is currently occupied by a 6,300 SF motor fuel station and convenience retail store. The Council is being asked to consider approval of a variance to allow a detached trash enclosure on property located at 4600 Slater Road. City Planner Ridley gave a staff report. Steven Lowe, Kwik Trip, was 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 Hansen moved, Councilmember Tilley seconded a motion to approve a Variance to allow a detached trash enclosure on property located at 4600 Slater 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. City Council Meeting Minutes October 6, 2015 4 page 2. A building permit is required prior to commencing construction. 3. The enclosure shall be constructed of brick materials to match the principal structure. 4. The enclosure shall have gates providing 90% opacity, of a durable and low -maintenance material in a color that matches or is complementary to the brick. 5. The door to the storage area shall be painted to match the brick. There are no old business items to be heard. OLD BUSINESS NEW BUSINESS Interim Use Permit — Rebecca Carter City Administrator Osberg introduced the item noting the applicants submitted an application for an Interim Use Permit to allow kennel operation for up to 12 dogs in a residential area for a period of 24 months. The Council is being asked to approve an Interim Use Permit to allow a kennel in a residential zoning district for property located at 1049 McKee Street. City Planner Ridley gave a staff report. Rebecca Carter, applicant, explained the background of her business, and her request for the Interim Use Permit. Mayor Maguire opened the public comment. Dave Carter, 1049 McKee Street, stated his support for the request. Don Lee, 1037 Beatrice Street, stated his concern with local government impeding on a home-based business in general. There being no further public comment, Mayor Maguire turned the discussion back to the Council. The Council discussed the IUP. After further discussion, the majority of the Council was in favor of approving a 9 month term for the Interim Use Permit, allowing a maximum of 8 dogs on site, and a site inspection by Animal Control in February. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve an Interim Use Permit to allow a kennel in a residential zoning district for property located at 1049 McKee Street, subject to the following conditions: Aye: 4 Nay: 1 (Mayor Maguire opposed) 1. The permit shall terminate on June 1, 2016. 2. A maximum of 8 dogs is allowed at any given time. 3. All parking supporting the use shall occur off-street. 4. The property owner/operator shall maintain a valid Kennel License and meet the Kennel Licensee requirements. City Council Meeting Minutes October 6, 2015 5 page 5. The property owner/operator shall provide the City a waste storage and removal plan for review and approval by Animal Control. 6. The Interim Use Permit shall be subject to an administrative review in February 2016. The purpose of which shall be to determine that the conditions of the permit are being met. The Interim Use Permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. Conditional Use Permit — PODS City Administrator Osberg introduced the item noting the site is presently occupied by a 218,000 SF office/warehouse building that was constructed in 1998. The Council is being asked to approve a Conditional Use Permit to allow the outdoor storage of PODS containers, on property located at 980 Aldrin Drive. City Planner Ridley gave a staff report. The applicant 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 Tilley seconded a motion to approve a Conditional Use Permit to allow the outdoor storage of PODS containers, on property located at 980 Aldrin Drive, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The PODS containers shall be stacked not more than two high, or exceed a total height of 16 feet. 3. For security, all PODS containers shall be empty, and all PODS containers shall be locked to prevent unauthorized access into the units. 4. The applicant shall relocate trash containers inside the building, or provide a plan for construction of an enclosure(s) for City staff review and approval, prior to release of the Conditional Use Permit for recording. Construction of any new trash enclosure(s) shall be completed by July 1, 2016. 5. Landscape screening shall be added to screen the storage area from both the street and the school the south. 6. A landscape plan shall be provided for staff review and approval, prior to release of the Conditional Use Permit for recording. Landscaping shall be installed by July 1, 2016. 7. Building address numbers shall be reviewed and replaced if necessary to comply with the provisions of Section 2.78 of City Code. Conditional Use Permit — Matheson Gas City Administrator Osberg introduced the item noting the property is 12 acres in size, of which 2.5 acres are wetlands. The site is presently occupied by a 33,000 SF warehouse building that was constructed in City Council Meeting Minutes October 6, 2015 6 page 2003. The Council is being asked to approve a Conditional Use Permit to allow the outdoor storage of compressed and liquefied gases, vehicles and trailers, on property located at 3191 Mike Collins Drive. City Planner Ridley gave a staff report. The Matheson Group 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 Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow the outdoor storage of compressed and liquefied gases, vehicles and trailers, on property located at 3191 Mike Collins Drive, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council and proof of its recording provided to the City. 2. The outdoor storage shall be limited to those items identified, and located as illustrated, on the revised Site Plan received September 14, 2015. 3. The applicant shall install bollards per the Site Plan received September 14, 2015. 4. No additional outdoor storage shall be allowed. 5. All parking and storage areas shall be properly maintained to prevent deterioration. 6. The chain link and barbed wire fence shall not exceed 7 feet in height. 7. The applicant shall provide a landscape plan that includes the addition of multiple coniferous trees to screen the outdoor storage from the public right-of-way. Comprehensive Guide Plan Amendment — MVZ, LLC Mayor Maguire introduced the item and provided an overview of the process. He noted the Council is being asked to submit a comprehensive guide plan amendment to the Metropolitan Council to change the land use designation from Special Area/Major Office to Special Area/Mixed Use for approximately 194 acres located at 2800 Lone Oak Parkway. City Planner Ridley gave a staff report. Kevin Warren, Vikings Chief Operating Officer, provided some background information on the current Vikings facilities located in Eden Prairie. He stated the Vikings ownership group is excited to explore the subject site and noted how the team wanted to build a "live, work, play" environment with a hotel, conference center,housing and retail. Steve Poppen, Minnesota Vikings Chief Financial Officer, walked through a Power Point presentation that described the mix of uses and the overall vision for the development. Don Becker, Minnesota Vikings Stadium Project Executive, explained the type of housing proposed in the development. Mayor Maguire opened the public comment. City Council Meeting Minutes October 6, 2015 7 page Steve Chavez, Eagan resident and Metropolitan Council member, stated his support for the project and the unique opportunity it presents for the community. Greg Miller, Interstate Partners, stated his support for the project. Brent Cory, President of Eagan Convention & Visitors Bureau (ECVB), stated the ECVB's support for the project. Tom Caneff, President of the local board with People Praise in Trinity School building, stated his support for the project. Vicki Stute, President Dakota County Regional Chamber of Commerce, stated her organizations support for the project. There being no public comment, Mayor Maguire turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to direct staff to submit a Comprehensive Guide Plan Amendment to the Metropolitan Council to change the land use designation from Special Area/Major Office to Special Area/Mixed Use for approximately 194 acres located at 2800 Lone Oak Parkway. Aye: 5 Nay: 0 The Council took a 10 minute break. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA CITY COUNCIL Mayor Maguire noted, earlier today he and Councilmember Hansen attended the Lakeshore Townhomes dedication event. A plaque recognizing the work of the City of Eagan in the CDA project was presented to Mayor Maguire. DIRECTOR OF COMMUNITY DEVELOPMENT Director of Community Development Hohenstein noted two of our higher profile apartment projects have their full Certificate of Occupancy and are now leasing. If interested, you can visit the sales offices of The Flats and CityVue apartments. VISITORS TO BE HEARD There were no visitors to be heard. City Council Meeting Minutes October 6, 2015 8 page ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 8:20 p.m. Aye:5 Nay:0 A �W� Mayor City Clerk