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11/02/2015 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota NOVEMBER 2, 2015 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, November 2, 2015 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire and Councilmembers Fields, Hansen and Tilley. Councilmember Bakken was absent. Also present were City Administrator Osberg, 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, and Executive Assistant Stevenson. AGENDA Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye:4 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentations to be heard. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent Agenda as presented: Aye: 4 Nay: 0 A. It was recommended to approve the minutes of October 13, 2015 Special City Council meeting and October 20, 2015 regular City Council meeting as presented or modified. B. There were no personnel items. C. It was recommended to ratify the check register dated October 16 and 23, 2015 as presented. D. It was recommended to approve the ordinary and customary contracts for the Art House Pottery and Art Sale. E. It was recommended to cancel the November 10, 2015 Special City Council meeting. F. It was recommended to approve an On -Sale Liquor and Sunday Liquor License for D3 Investments Inc., doing business as Trail Stop Tavern at 525 Diffley Road. G. It was recommended to adopt a resolution approving an Exempt Permit for Ducks Unlimited south Metro Flyway Chapter 330 to conduct a raffle on January 30, 2016 at 3010 Eagandale Place. H. It was recommended to adopt a resolution approving an Exempt Permit for Pheasants Forever Metro Area Chapter 11 to conduct a raffle on January 10, 2016 at 4899 Brooklyn Lane. I. Item was removed. J. It was recommended to approve an extension of time to record the Final Plat for Boulder Lakes 3rd Addition. City Council Meeting Minutes November 2, 2015 2 page K. It was recommended to approve Change Order No. 1 to Contract 15-03 (2015 Water Quality Storm Sewer Improvements) and authorize the Mayor and City Clerk to execute all related documents. L. It was recommended to approve the final payment for Contract 15-03 (2015 Water Quality Storm Sewer Improvements) in the amount of $13,591.35 to Minnesota Dirt Works, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. M. Item was removed. N. It was recommended to approve a Letter of Support for the 2015 Cedar Avenue Transitway Implementation Plan Update Report as presented. 0. It was recommended to approve a public right-of-way easement over Lot 1, Block 1, Central Park 2nd Addition for Project 1095, Pilot Knob Road (CSAH 31) — Roadway Improvements and authorize the Mayor and City Clerk to execute all related documents. P. It was recommended to approve Change Order No. 1 to Contract 15-12 (Witham Lift Station — Sanitary Sewer Improvements) and authorize the Mayor and City Clerk to execute all related documents. Q. It was recommended to receive the petition to vacate a public drainage and utility easements on Lots 1 & 2, Block 1, Oakbrooke 8th Addition, and schedule a public hearing to be held on November 30, 2015. PUBLIC HEARINGS Final Assessment Roll for Street Improvements, Project 1157, Blackhawk Hills and Blackhawk Hills 2nd Additions, Project No. 1162, Mallard Park 3rd & 4th Additions, Project No. 1165, Rooney Addition, Project No. 1169, Wilderness Run 1St & 3rd Additions, Project No. 1159, Cedar Grove 8th Addition Director of Public Works Matthys noted Project No. 1157, Project No. 1162, Project No. 1165, Project No. 1169, and Project No. 1159 were mill and overlay projects in residential neighborhoods. The Final Assessment Rolls were presented to the City Council on October 6, 2015, with a public hearing scheduled for November 2, 2015. Matthys noted all notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to close the public hearing and approve the Final Assessment Rolls for Project 1157, Blackhawk Hills and Blackhawk Hills 2nd Additions, Project No. 1162, Mallard Park 3rd & 4th Additions, Project No. 1165, Rooney Addition, Project No. 1169, Wilderness Run 1St & 3rd Additions, Project No. 1159, Cedar Grove 8th Addition Street Improvements, and authorize their certification to Dakota County for collection. Aye: 4 Nay: 0 City Council Meeting Minutes November 2, 2015 3 page Consent to issuance of Educational Facilities Revenue Bonds by the City of Hugo for a Minnesota Autism Center project in Eagan Mayor Maguire introduced the item noting the Minnesota Autism Center (MAC) will be expanding in Eagan by building a new 48,000 sq. ft. facility at the southwest corner of Silver Bell Road and Tesseract Place in the Cedar Grove Redevelopment District. The project will be financed by tax-exempt revenue bonds to be issued by the City of Hugo. Mayor Maguire noted generally, a city may not issue bonds for a project outside its jurisdiction, however, under Minnesota Statutes; the city in which the project is located may give its permission for another city to issue the bonds. City Administrator Osberg added the City of Eagan is being asked to consider "host approval" of a resolution that will consent to the City of Hugo selling about $8,800,000 of tax exempt revenue bonds to finance the Minnesota Autism Center project that will be constructed in the City of Eagan. Director of Finance Pepper was available for questions. Catherine Courtney from Briggs and Morgan, Veronica Legan from MAC, and Mark Schuler from Wells Fargo were 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 Fields seconded a motion to close the hearing and approve a resolution consenting to the issuance of educational facilities revenue bonds related to the Minnesota Autism Center project. Aye: 4 Nay: 0 OLD BUSINESS Residential Occupancy Standards City Administrator Osberg introduced the item noting back in August as part of the Council workshop the City Council determined they were not interested in permitting short-term rentals in residential zoning districts and directed staff to prepare an ordinance amendment that stipulates residential occupancy is for a period of not less than 30 consecutive days. Osberg noted the Advisory Planning Commission held a Public Hearing on October 27, 2015, and are recommending approval of the amendment. Mayor Maguire opened the public comment regarding residential occupancy standards. 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, Section 11.30 relative to residential occupancy requirements. Aye: 4 Nay: 0 City Council Meeting Minutes November 2, 2015 4 page NEW BUSINESS Conditional Use Permit— Kalifornia Pools City Administrator Osberg introduced the item noting the Council is being asked to approve a Conditional Use Permit to exceed 25% impervious surface coverage in a Shoreland Overlay District on a residential lot located at 3656 Pinecrest Court. The applicant is proposing to construct an in -ground pool and pool deck on a single family lot within the Shoreland Overlay District of Fish Lake. City Planner Ridley gave a staff report and provided a site map. The Council discussed the conditional use permit request. 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 a motion to approve a Conditional Use Permit to exceed 25% impervious surface coverage in a Shoreland Overlay District on a residential lot located at 3656 Pinecrest Court, subject to the following conditions: Aye: 4 Nay: 0 1. This Conditional Use Permit (CUP) shall be recorded at Dakota County within 60 days of approval by the City Council with the following exhibit: • Site Plan dated September 30, 2015 2. The impervious surface of this lot shall not exceed 33% per the Site Plan dated September 30, 2015. 3. The applicant shall construct the pool and required infiltration basin by July 1, 2016. The applicant shall also provide a financial guarantee in the amount of $3,000, prior to the release of the CUP, to ensure installation occurs per the approved plans. 4. Prior to the release of the CUP for recording, the applicant shall provide a $1,000 escrow deposit for inspection of the raingarden(s) installation. 5. The proposed rain garden/infiltration basin shall be designed and constructed to effectively capture, retain and infiltrate 100% of the impervious runoff from the excess impervious surface total from a 1%, 24-hour, 7.47" rainfall event . 6. Mitigative designs shall be reviewed and accepted by the City Engineering Division and the installation shall be inspected by City staff at the time of installation. 7. As -built 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, 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. 9. The applicant shall discharge water from the pool (including filter backwash) in a form and manner acceptable to the Water Resources Manager. 10. The proposed rain garden/infiltration basin shall be designed and installed according to the guidelines of the Minnesota Stormwater Manual and the City of Eagan Engineering Standards Manual, and shall be constructed so that temporary ponded runoff has infiltrated below the surface within 48 hours after the end of a rain event. City Council Meeting Minutes November 2, 2015 5 page 11. The proposed rain garden/infiltration basin shall be designed to safely overflow to the front yard of the residence and shall not discharge into neighboring properties. 12. The applicant shall provide a detailed Landscape Plan, per City Code requirements, for the proposed rain garden/infiltration basin that provides plant quantities and plant spacing that will ensure 80% plant coverage by the end of year 2 after planting. Planned Development Amendment — Bald Man Brewing City Administrator Osberg introduced the item noting the applicant is proposing an 11,357 sq. ft. microbrewery and taproom with an outdoor patio of up to 60 seats located at 2020 Silver Bell Road Suites 24-29. The Council is being asked to approve a Planned Development Amendment. City Planner Ridley gave a staff report and provided a site map. Dan Jacobs, the applicant, 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 Tilley seconded a motion to approve a planned development amendment to allow a microbrewery, taproom and up to 60 outdoor patio seats located at 2020 Silver Bell Road Suites 24-29, subject to the following conditions: Aye: 4 Nay: 0 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plan is required for the Agreement: • Patio Plan (60 seats) 2. The outdoor dining area is subject to City Code requirements including sewer availability charges (SAC) imposed as a result of the additional seating in the outdoor dining area. 3. A Building Permit shall be obtained for the patio expansion. 4. The Building Permit application shall meet requirements for accessibility maneuverability and egress/accessible door clearances per MN State Building Code. 5. The outdoor patio gate shall comply with the Liquor Ordinance requirements. Access shall be gained solely from the building and not the exterior. 6. All on/off-sale liquor shall be subject to a separate license and compliance with City Code liquor licensing requirements. Conditional Use Permit— Keith Hurley/Nitti Sanitation City Administrator Osberg noted the site is presently occupied by a 9,400 sq. ft. building that was constructed in 2000. The Council is being asked to approve a Conditional Use Permit to allow the outdoor storage of empty roll -off containers, smaller trash containers, trucks, construction materials and equipment, and an above -ground fuel tank, on property located at 1725 Meadow View Road. City Planner Ridley gave a staff report and provided a site map. City Council Meeting Minutes November 2, 2015 6 page Bob Nitti and Keith Hurley, the applicants, were available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. The Council discussed the conditional use permit request. The Council expressed concern over past non- compliance with the existing Conditional Use Permit. Councilmember Hansen commented on concerns raised by staff on how the extent of outdoor storage presently occurring on the property is excessive and not consistent with the storage represented on the proposed Site Plan. After further discussion the Council agreed before approval of the Conditional Use Permit they want to see the revised site plan and suggested the item be continued to a future Council meeting. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue the Conditional Use Permit to allow the outdoor storage of empty roll -off containers, smaller trash containers, trucks, construction materials and equipment, and an above -ground fuel tank, on property located at 1725 Meadow View Road, to the November 30, 2015 City Council meeting. Aye: 4 Nay: 0 Covington Lane and Penkwe Way/Penkwe Circle Traffic Control Modification City Administrator Osberg introduced the item noting the Council is being asked to authorize the modification of traffic control at the intersection of Covington Lane and Penkwe Way/Penkwe Circle that provides the removal of the stop signs on Covington Lane and placement of yield signs on Penkwe Way and Penkwe Circle. Director of Public Works Matthys gave a staff report and provided a site map. Mayor Maguire opened the public comment. The following residents stated their support of the removal of the stop signs: Chris Nelson, 1523 Pinetree Trail,lianxin Zhu, 1501 Pinetree Pass, Deb Machacek, 1499 Pinetree Trail, Ping Li, 1521 Covington Lane, and Dan Crouch, 1484 Pinetree Pass. There being no further public comment, Mayor Maguire turned the discussion back to the Council. The Council discussed the request. Councilmember Hansen stated because of personal reasons he is abstaining from the vote. Councilmember Fields moved, Councilmember Tilley seconded the motion to authorize the modification of traffic control at the intersection of Covington Lane and Penkwe Way/Penkwe Circle that provides the following traffic control: Removal of the stop signs on Covington Lane and placement of yield signs on Penkwe Way and Penkwe Circle. Aye: 3 Nay: 0 (Councilmember Hansen abstained) LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA There were no administrative agenda items to be heard. City Council Meeting Minutes November 2, 2015 7 page 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 8:05 p.m. Aye: 4 Nay: 0 Date A 6� Mayor City Clerk