08/05/2019 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
AUGUST 5, 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, and Hansen. Councilmember Tilley arrived at 6:10 p.m.
A regular meeting of the Eagan City Council was held on Monday, August 5, 2019 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and
Tilley. Also present were City Administrator Osberg, Assistant City Administrator Miller, Public Works
Director Matthys, Community Development Director Hutmacher, City Planner Schultz, Communications
and Engagement Director Ellickson, Finance Director Pepper, Parks and Recreation Director Pimental,
Police Chief New, City Attorney Dougherty and Executive Assistant Stevenson.
AGENDA
City Administrator Osberg noted the applicant for New Business item F — a Comprehensive Guide Plan
Amendment — Roers Companies located at 2055 Cliff Road, is requesting a continuance to the August
20, 2019 regular City Council meeting.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the agenda as
amended. Aye:5 Nay:0
RECOGNITIONS AND PRESENTATION
Recognize the Retirement of Carol Tumini, Licensing/Office Support Specialist for her
29 years of Service to the Citizens of Eagan
Assistant City Administrator Miller recognized and presented a plaque to Carol Tumini, Licensing/Office
Support Specialist, for her twenty-nine years of service to the citizens of Eagan. Ms. Tumini thanked the
City for the opportunity to serve. The City Council thanked Ms. Tumini for her service to the City.
Eagan July 4th Funfest Update
Eagan Funfest Board Chair, Scott Swenson provided an update on this year's Eagan July 4th Funfest
events.
CONSENT AGENDA
Mayor Maguire commented on Item Q. —Adopt a Proclamation recognizing August 6, 2019, as "National
Night Out" (NNO) in Eagan. He encouraged residents to come out and celebrate National Night and
connect with the community. There are 214 registered neighborhoods celebrating in Eagan.
Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the consent
agenda as presented: Aye: 5 Nay: 0
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A. It was recommended to approve the corrected minutes of July 2, 2019 regular City Council
meeting and the July 16, 2019 regular City Council minutes, as presented or modified.
B. Personnel Items:
1. It was recommended to approve the promotion and transfer of Nicholas Wilson from Utility
Maintenance Worker to Engineering Technician and authorize replacement of the Utility
Maintenance Worker position.
2. It was recommended to approve the hiring of Sarah Johnson to the position of Human
Resources Generalist.
3. It was recommended to authorize the Separation Agreement between the City of Eagan and
Ms. Crystal King, Digital Marketing Specialist and authorize replacement of the position.
4. It was recommended to authorize the hiring of Matt Harding to the position of GIS
Technician.
5. It was recommended to accept the resignation of Sheen Yang, Property Maintenance
Specialist/Code Enforcement and authorize replacement of the position.
C. It was recommended to ratify the check registers dated July 12, 19, and 26, 2019.
D. It was recommended to approve the ordinary and customary contracts with AVI Systems Inc,
Stephen and Mary Melcher, and Dakota County Technical College.
E. It was recommended to approve an Agreement between the City of Eagan, as fiscal agent for
the Dakota County Drug Task Force, and the Organized Crime Drug Enforcement Task Forces for
reimbursement of investigations and strategic initiatives assistance.
F. It was recommended to approve a Joint Powers Agreement between the City of Eagan and
Dakota County for the administration and distribution of the High -Intensity Drug Trafficking
Areas Program grant.
G. It was recommended to approve a resolution authorizing execution of a sub -grant agreement
with the Minnesota Department of Public Safety for an application to install lightning prediction
and warning technology at Cascade Bay.
H. It was recommended to approve the general insurance renewal for the period of July 1, 2019 to
July 1, 2020.
I. It was recommended to schedule a public hearing for September 3, 2019 to consider final
assessment of the delinquent nuisance abatement bills and certify them to Dakota County for
collection with property taxes.
J. It was recommended to schedule a public hearing for September 3, 2019 to consider final
assessment of the delinquent utility bills and certify them to Dakota County for collection with
property taxes.
K. It was recommended to approve Change Order No. 1 for Contract 18-20 (City -Wide Intersection,
Traffic Signal, Pedestrian and Street Lighting Improvements) and authorize the Mayor and City
Clerk to execute all related documents.
L. It was recommended to approve Change Order No. 1 Contract 19-01 (2019 Street Revitalization)
and authorize the Mayor and City Clerk to execute all related documents.
M. It was recommended to approve Change Order No.2 for Contract 19-01 (2019 Street
Revitalization) and authorize the Mayor and City Clerk to execute all related documents.
N. It was recommended to deem veterinary clinics as similar to other permitted uses within the
CSC zoning district.
0. It was recommended to approve a resolution to accept a donation from the Eagan Lions Club.
P. It was recommended to approve an agreement with the Eagan Firefighters Relief Association for
2020-21.
Q. It was recommended to adopt a proclamation recognizing August 6, 2019, as National Night Out
in Eagan.
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R. It was recommended to approve a Memorandum of Understanding with Ring LLC, which would
enable the Eagan Police Department to provide real-time crime and safety information to our
community.
S. It was recommended to approve an On -Sale Liquor and Sunday License for Northwoods
Entertainment, LLC doing business as Emagine Eagan, located at 2055 Cliff Road.
T. It was recommended to approve a temporary on -sale liquor license and waive the license fee for
the Church of St. Thomas Becket on September 15, 2019 at 4455 South Robert Trail.
PUBLIC HEARINGS
Variance — 675 Red Pine Lane, David McDonald
City Administrator Osberg introduced the item noting the Council is being asked to consider a Variance
to allow an accessory structure in a front yard and a Variance of 15 feet to the required 30 -food front
yard setback from public right-of-way upon property located at 675 Red Pine Lane.
City Planner Schultz gave a staff report and provided a site map.
The applicant was available for questions.
Mayor Maguire opened the public hearing. Larry Berhow, 704 Nauvoo Lane, addressed the Council
stating his support for the variance to allow construction of a shed. There being no further comments,
Mayor Maguire turned the discussion back to the Council.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Variance to allow
an accessory structure in a front yard and a Variance of 15 feet to the required 30 -food front yard
setback from public right-of-way for an accessory structure upon property located at 675 Red Pine Lane,
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.
2. The shed shall satisfy the applicable dimensional and design standards pertaining to accessory
structures in City Code Section 11.40, Subdivision 5.
3. A Zoning Permit shall be required prior to construction of the shed.
OLD BUSINESS
There were no old business items to be heard.
NEW BUSINESS
Planned Development Amendment — Common Ground Ministry
City Administrator Osberg introduced the item noting the property was the former Fairview Medical
operated an 18,000 SF medical clinic and urgent care facility at this site. The Council is being asked to
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consider a Planned Development Amendment to allow a ministry -based support center, coffee shop and
accessory retail sales within a 3,700 SF tenant space located at 1440 Duckwood Drive.
City Planner Schultz gave a staff report and provided a site map.
Applicant Marcy Baumann provided an overview of the proposed use.
Grant Pylkus, owner of building at 1440 Duckwood Drive, explained the nature of the clinic and its
operations.
Mayor Maguire opened the public comment. There being no public comment he turned the discussion
back to the Council.
The Council discussed the Planned Development Amendment. Councilmember Bakken noted concern
regarding future change in ownership and suggested adding a condition to the Planned Development
Amendment to trigger a payment in lieu of taxes should the ownership of the property change to a non-
profit entity.
Council asked City Attorney Mike Dougherty to draft language as an added condition addressing
Council's concern regarding payment in lieu of taxes.
Mayor Maguire suggested moving to the next new business item in order to allow the City Attorney the
opportunity to draft language.
Council returned to this item after completing New Business Items B and C.
Mr. Dougherty read the proposed condition to Council for its consideration regarding the payment in
lieu of taxes (condition #8).
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned
Development Amendment to allow a ministry -based support center, coffee shop and accessory retail
sales within a 3,700 SF tenant space located at 1440 Duckwood Drive, subject to the following amended
conditions: Aye:5 Nay:0
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:
• An internal architectural layout of the tenant space including dimensions and area of the
proposed occupancies.
2. The tenant space (uses) associated with this amendment will be limited to 3,700 square feet of
the existing building.
3. Permitted uses are limited to coffee related sales, accessory retail sales, office, group meeting
space and pastoral care services.
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4. The scope and intent of Church uses as defined by City Code are prohibited.
5. Drive-through service is prohibited.
6. A Building Permit is required for all improvements and changes of occupancy to the existing site.
7. The parking areas, drive aisles and landscape areas shall be brought into compliance with City
Code no later than November 1, 2019.
8. Should the 3700 SF area of the building consisting of the ministry -based center become eligible
for a real estate tax exemption under Minnesota Statue Chapter 272, the owner shall be
required to enter into an agreement for a payment in lieu of taxation in an amount to
approximate the cost of City services.
Variance and Conditional Use Permit — Xcel Energy Cedarvale Substation
City Administrator Osberg introduced the item noting the Council is being asked to consider two actions
regarding the Xcel Energy Cedarvale Substation; a Variance of 15 feet to the maximum 150' height
restriction and a Conditional Use Permit to allow construction of a new 165' monopole upon property
located at 3595 Kennebec Drive.
City Planner Schultz gave a staff report and provided a site map.
The applicant provided a brief presentation of the project 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 Variance of 15
feet to the maximum 150' height restriction upon property located at 3595 Kennebec Drive, legally
described at Lot 2, Block 3, Cedar Industrial Park. Aye: 5 Nay: 0
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use
Permit to allow construction of a new 165' monopole upon property located at 3595 Kennebec Drive,
legally described as Lot 2, Block 3, Cedar Industrial Park. Aye: 5 Nay: 0
Conditional Use Permit —Xcel Energy Lone Oak Substation
City Administrator Osberg introduced the item noting the Council is being asked to consider a
Conditional Use Permit to allow an existing 105 -foot monopole and allow construction of a second 125 -
foot monopole upon property located at 862 Lone Oak Road.
City Planner Schultz gave a staff report and provided a site map.
The applicant was available for questions.
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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 an existing 105 -foot monopole and allow construction of a second 125 -foot monopole
upon property located at 862 Lone Oak Road, legally described as Lot 10, Block 2, Eagandale Center
Industrial Park No. 3. Aye: 5 Nay: 0
Council returned to New Business Item A.
Comprehensive Guide Plan Amendment — Nicholas Park, LLC
City Administrator Osberg introduced the item noting the action before Council is to submit to the
Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation from
RC (Retail Commercial) to HD (High Density) upon approximately 8 acres generally located at the SW
corner of Nicols Road and Diffley Road.
City Planner Schultz gave a staff report and provided a site map.
Applicant Alex Bisanz, Real Estate Equities, gave a presentation providing background of the company,
the surrounding amenities that would support the land use change, the market demand for workforce
housing, a preliminary site plan, and examples of recent projects completed within the area and the
amenities that are typically provided within each project.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
The Council discussed the Comprehensive Guide Plan Amendment request.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to direct staff to submit to
the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation
from RC (Retail Commercial) to HD (High Density) upon approximately 8 acres generally located at the
southwest corner of Nicols Road and Diffley Road. Aye: 3 Nay: 2 (Bakken & Fields)
Comprehensive Guide Plan Amendment — Ballantrae Apartments, LLC
City Administrator Osberg introduced the item noting the applicant is requesting a change in the land
use designation from MD (Medium Density) to HD (High Density, of a 0.66 -acre parcel. The action
before the Council is to submit to the Metropolitan Council a Comprehensive Guide Plan Amendment to
change the land use designation from MD (Medium Density to HD (High Density).
City Planner Schultz gave a staff report and provided a site map.
Ballantrae Apartments owner Paola Bernardi Sipe introduced herself to the Council.
Ed Farr, Edward Farr Architects, representing the applicant was available for questions.
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Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
The Council discussed the Comprehensive Guide Plan Amendment request.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to direct staff to submit to
the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation
from MD (Medium Density) to HD (High Density) upon approximately 0.66 acres located south of Silver
Bell Road and east of Ballantrae Road. Aye: 4 Nay: 1 (Bakken)
Comprehensive Guide Plan Amendment — Roers Companies
This item was continued to the August 20, 2019 regular City Council meeting.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
ADMINISTRATIVE AGENDA
CITY COUNCIL
Mayor Maguire encouraged residents to get outside and meet their neighbors during National Night Out
tomorrow August 6th
There were no visitors to be heard.
VISITORS TO BE HEARD
ADJOURNMENT
Councilmember Tilley moved, Councilmember Bakken seconded a motion to adjourn the meeting at
8:05 p.m. Aye: 5 Nay: 0
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Date
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Mayor
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City Clerk