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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 City Council Meeting Minutes August 5, 2019 2 page 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. City Council Meeting Minutes August 5, 2019 3 page 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 City Council Meeting Minutes August 5, 2019 4 page 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. City Council Meeting Minutes August 5, 2019 5 page 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. City Council Meeting Minutes August 5, 2019 6 page 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. City Council Meeting Minutes August 5, 2019 7 page 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 's -':Py -11. Date A, Mayor AM 4 City Clerk