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07/02/2019 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JULY 2, 2019 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen. Councilmember Tilley was absent. A regular meeting of the Eagan City Council was held on Tuesday, July 2, 2019 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen. Councilmember Tilley was absent. Also present were City Administrator Osberg, Assistant City Administrator Miller, Public Works Director Matthys, Community Development Director Hutmacher, City Planner Schultz, Finance Director Pepper, Parks and Recreation Director Pimental, Police Chief New, City Attorney Bauer and Executive Assistant Stevenson. 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 and presentations to be heard. CONSENT AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the consent agenda as presented: Aye: 4 Nay: 0 A. It was recommended to approve the minutes of June 18, 2019 regular City Council meeting, as presented or modified. B. Personnel Items: 1. It was recommended to approve City Policy 3.14, Use of Cell Phones While Driving Under Specified Circumstances (MN "Hands Free" Law). C. It was recommended to ratify the check registers dated June 14 and June 21, 2019. D. It was recommended to approve the ordinary and customary contract with American Security, L.L.C. E. It was recommended to approve Change Order #11 for Project 18-06, Police Department and City Hall Renovation. F. It was recommended to adopt a resolution allowing the City of Eagan to authorize a special deer hunting season on private property in 2019. G. It was recommended to approve Change Order for JT Egner Construction Company and authorize the Mayor and City Clerk to execute all related documents. H. It was recommended to approve a temporary on -sale liquor license an waive the license fee for the Eagan Foundation on August 9, 2019 at 1501 Central Parkway. I. It was recommended to approve a Show License for the Minnesota Scottish Fair & Highland Games on July 19 and 20, 2019 at 1501 Central Parkway. City Council Meeting Minutes July 2, 2019 2 page J. It was recommended to approve a corrective easement document that corrects the mistakes in the legal description for the Trail, Drainage and Utility Easement in Document No. T659663. K. It was recommended to approve the final payment for Contract 17-20 (Quarry Road/Quarry Park Improvements) in the amount of $57, 227.11 to McNamara Contracting, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. L. It was recommended to approve the recommendations of the Public Works Committee regarding various appeals to the Water Meter Replacement/Repair (R/R) Program (City Code 3.05) surcharges for he identified properties in accordance with the related City Ordinance. M. It was recommended to request a 90 -day extension to review draft rules of Lower Minnesota River Watershed District. N. It was recommended to approve a Variance of public easements on Outlot A, YMCA 1St Addition, and to approve a Final Plat (YMCA 3 d Addition) to one lot located at the SE quadrant of Dodd Road and Opperman Drive. 0. It was recommended to approve a Final Subdivision (Manley Gun Club) to create 10 single- family lots upon approximately 3.9 acres located west of Brooklyn Lane and east of Highway 3 bordering on Rosemount to the south. P. It was recommended to approve a one-year extension of the Variance approval for property located at 1305 Towerview Road. Q. It was recommended to authorize the submission of a grant from the Metropolitan Regional Arts Council in the amount of $10,000 for Art Project Support. R. It was recommended to authorize the application of Minnesota State Arts Board Community Arts Education Support grant for FY2020. PUBLIC HEARINGS Variance — Gregory's Foods City Administrator Osberg introduced the item noting the subject property consists of approximately 4.7 acres and is developed with an approximately 56,000 s.f. warehouse/office building. The action to be considered is a variance of 10 feet to the required 20 -foot parking setback from the public right-of-way of Highway 494 for property located at 1301 Trapp Road. City Planner Schultz gave a staff report and provided a site map. The applicant was 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 10 feet to the required 20 -food parking setback from the public right-of-way of Highway 494 for property located at 1301 Trapp Road, subject to the following conditions: Aye: 4 Nay: 0 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 City Council Meeting Minutes July 2, 2019 3 page state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The Building Permit for the building addition shall be amended with updated site and civil plans necessary for the added parking. OLD BUSINESS There were no old business items to be heard. NEW BUSINESS Planned Development Amendment — Club Pilates City Administrator Osberg introduced the item noting the Council is being asked to consider approval of a Planned Development Amendment to allow a fitness studio for property located at 3450 Pilot Knob Road. City Planner Schultz gave a staff report and provided a site map. Michael Klemm, attorney, spoke on behalf of the applicant and was available for questions. 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 a motion to approve a Planned Development Amendment to allow a fitness studio for property located at 3450 Pilot Knob Road, subject to the following conditions: Aye: 4 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. 2. The fitness studio shall be located as shown on the Site Plan received May 15, 2019 and shall not exceed 1,800 square feet. 3. A Building Permit shall be obtained for the tenant buildout. 4. All signage shall comply with City Sign Code standards. A Sign Permit shall be obtained prior to installation of any signs. Interim Use Permit — River Valley Church City Administrator Osberg introduced the item the property was developed in 1997 with a 59,000 s.f. office building. The property is zoned Business Park. The action to be considered is to approve an interim use permit to allow a church in a Business Park zoning district, upon property located at 875 Blue Gentian Road. City Planner Schultz gave a staff report and provided a site map. The applicant was available for questions. The Council discussed the Interim Use Permit request. City Council Meeting Minutes July 2, 2019 4 page Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve an Interim Use Permit (IUP) to allow a church in a Business Park zoning district, upon property located 875 Blue Gentian Road, subject to the following conditions: Aye: 4 Nay: 0 1. The Interim Use Permit shall be recorded against the property at the Dakota County. 2. The permit shall expire five (5) years from the date of approval. 3. All signage shall be consistent with City Code requirements. 4. A building permit shall be obtained for interior remodeling and tenant finish work. 5. Any new rooftop or ground mounted mechanical units shall be subject to screening requirements in the City Code. 6. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any conditions 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. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA CITY COUNCIL Councilmember Bakken noted Happy 4th of July. Mayor Maguire also noted Happy 4th of July. He noted there will be great activities at Funfest on July 3 & 4th; great food, games, rides and fireworks on July 4th. The parade is Thursday morning on Yankee Doodle Road. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Hansen moved, Councilmember Bakken seconded a motion to adjourn the meeting at 6:56 p.m. Aye: 4 Nay: 0 City Council Meeting Minutes July 2, 2019 5 page