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08/03/2020 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota AUGUST 3, 2020 The 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 was absent. A regular meeting of the Eagan City Council was held on Monday, August 3, 2020 at 6:30 p.m. Present were Mayor Maguire, Councilmembers Bakken, Fields, and Hansen. Councilmember Tilley was absent. Also present the City Administrator Osberg, Assistant City Administrator Miller, Parks and Recreation Director Pimental, Communications and Engagement Director Ellickson, Community Development Director Hutmacher, City Planner Schultz, Public Works Director Matthys, City Clerk Scipioni and City Attorney Dougherty. AGENDA City Administrator Osberg noted Item A under Recognitions and Presentation — a Presentation of Green Steps Cities Level 4 and Level 5 Award is being removed. The presenter was unable to attend tonight's meeting. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye:4 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentation to be heard. CONSENT AGENDA Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the consent agenda as presented: Aye: 4 Nay: 0 A. It was recommended to approve the July 21, 2020 City Council minutes, as presented or modified. B. Personnel Items: 1. It was recommended to approve the hiring of seasonal, non -benefit eligible employees for Fitness Instructors, Ice Skating Instructor, and Assistant Recreation Leader. 2. It was recommended to approve the promotion of Andy Speakman, Police Lieutenant to Deputy Chief of Police. C. It was recommended to ratify the check registers dated July 24, 2020. D. It was recommended to approve the ordinary and customary contract with the Church of St. Thomas Becket, Todd and Mariam Burke, and Jennifer Dahlquist. E. It was recommended to approve Change Order #22 for Project 18-06, Police Department and City Hall Renovation. F. It was recommended to approve the final payment for Contract 20-07, Bridle Ridge Park Improvements, in the amount of $38,368.11 to Pine Bend Paving and accept the improvements for perpetual City maintenance subject to warranty provisions. City Council Meeting Minutes August 3, 2020 2 page G. It was recommended to approve the proposal with Walker Consulting for Design Review and Condition Assessment of the Police Garage. H. It was recommended to approve a Drainage, Utility and Ponding Easement Vacation on Lot 1, Block 1 Ballantrae 2nd Addition and Lot 1, Block 2, Ballantrae 1st Addition and Outlot A, Briar Hill 2nd Addition, south of Silver Bell Road and east of Rahn Road, in western Eagan, and a Final Subdivision (Ballantrae 3rd Addition) to create three ( 3) lots upon approximately 19 acres located south of Silver Bell Road at Ballantrae Road, and a Final Planned Development to allow construction of two (2) new multifamily buildings within the subdivision of Ballantrae 3rd Addition, located south of Silver Bell Road at Ballantrae Road. I. It was recommended to approve an extension of Preliminary Subdivision, Conditional Use Permit and Variance (Sibley Terminal Industrial Park Third Addition) — Clean Harbors Environmental Services. J. It was recommended to approve a Final Plat (Wescott Woods Addition) to create two (2) lots upon 2.34 acres located southeast of Wescott Woodlands and Duckwood Drive. K. It was recommended to approve a resolution to accept donations from Webb Business Promotions and Phil Wruck. L. It was recommended to schedule a public hearing for September 1, 2020 to consider final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. M. It was recommended to schedule a public hearing for September 1, 2020 to consider final assessment of the delinquent nuisance abatement bills and certify them to Dakota County for collection with property taxes. APPOINTMENT OF ADVISORY COMMISSION MEMBERS City Administrator Osberg introduced the item noting due to the pandemic the advisory interviews that are typically held in April were delayed to August. Osberg noted any one-year terms appointed will expire at the end of April 2021, and any two-year terms appointed will continue on the same schedule for appointments in the spring of each year and will expire at the end of April 2022. Councilmember Bakken suggested beginning with the Energy and Environment Advisory Commission, noting the number of openings in the Energy and Environment Advisory Commission versus the number of candidates will allow the Council to fill all openings. The Council agreed with the change. City Clerk Scipioni walked through the ballot voting process. Councilmember Bakken moved, Councilmember Hansen second a motion to reappoint Monica Foss to a 3 -year term on the Eagan -Inver Grove Heights Watershed Management Organization. Aye: 4 Nay: 0 The City Council voted via individual ballots on their 2020 advisory commission appointments Energy and Environment Advisory Commission 1. David Timmons 2. Mike Supina 3. Peter Dugan 4. Dan Robicheaux 5. Makayla Palmer (1 -year term) 6. Brian Hash (1 -year alternate) City Council Meeting Minutes August 3, 2020 3 page Regarding the EEAC, there was Council consensus for the four 2 -year openings, but not for the one-year term or the one-year alternate. After a brief discussion, Councilmember Bakken moved, Councilmember Hansen seconded a motion to appoint Makayla Palmer for the one-year term and Brian Hash for the one-year alternate. Aye: 4 Nay: 0 Advisory Planning Commission 1. Charles Francis 2. Kim Heckmann 3. Dan Sagstetter 4. Rachel Barth (1 -year alternate) Regarding the APC, there was Council consensus for the three 2 -year openings, but not for the one-year alternate. After further discussion Councilmember Bakken moved, Councilmember Fields seconded a motion to appoint Rachel Barth for the one-year alternate. Aye: 4 Nay: 0 Parks and Recreation Advisory Commission 1. Molly Schuetzle 2. Britt Moore 3. Aileen Hough 4. Rachel Power (1 -year alternate) Airport Relations Commission 1. Michael Johnson 2. Jeff Spartz 3. Louis Lundberg 4. Jeff Eckerle (1- year alternate) Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the remainder of appointments to the advisory commissions with all terms beginning in August 2020. Aye: 4 Nay: 0 PUBLIC HEARINGS There are no public hearings to be heard. There are no old business items to be heard. OLD BUSINESS NEW BUSINESS Conditional Use Permit — Hogan Holdings (PetSuites) City Administrator Osberg introduced the item noting the applicant is proposing to repurpose the existing 14,500 square foot industrial building as a Pet Suites animal daycare facility with overnight boarding and pet services. The Council is being asked to consider a Conditional Use Permit to allow an animal daycare with overnight boarding and outdoor play area, including pet services such as grooming and training and accessory retail sales upon property located at 2990 Lexington Avenue. City Council Meeting Minutes August 3, 2020 4 page City Planner Schultz gave a staff report and provided a site map. Trish Sieh, Kimley Horn, consultant speaking on behalf of PetSuites was available for questions. The Council discussed the Conditional Use Permit. Mayor Maguire opened the public comment. There being no public comment he turned the discussion back to the Council Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Conditional Use Permit to allow an animal daycare with overnight boarding and outdoor play area, including pet services such as grooming and training and accessory retail sales, upon property located at 2990 Lexington Avenue, legally described as Lot 1, Block 1, Bell Lexington Addition, subject to the following amended conditions: Aye:4 Nay:0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. This Conditional Use Permit allows overnight boarding for dogs and cats, daycare for dogs and cats, along with pet grooming, training, and ancillary retail services. 3. Staff hours of operation shall be 6:30 a.m. to 8:00 p.m. seven days a week, and 7:00 a.m. to 7:00 p.m. on holidays. Animals shall be supervised at all times while outdoors, and be kept indoors between 7:30 p.m. and 7:00 a.m. 4. Inspection by the Animal Control Officer shall occur prior to opening. 5. The applicant shall maintain a current kennel license. 6. The premises shall be open for inspection by the City and the City shall have the right to inspect the premises. 7. This development shall provide sufficient trash storage containment and facilities such that trash (including pet waste, which contains high levels of e.coli bacteria) shall be stored in watertight containers with close -fitting covers, that remain closed unless actively loading & unloading the containers, and maintained in a clean and sanitary condition per City Code standards, and to prevent runoff from the dumpsters from entering the storm sewer system. 8. All signage is subject to City Code requirements. 9. The perimeter of the outdoor play area shall be secured with a seven -foot. privacy fence per the Site Plan dated June 16, 2020. 10. Shade shall be provided in the outdoor play area during the months of May through October. The shade canopies and fence shall be maintained in good condition and replaced if in disrepair. 11. The outdoor play areas and runs shall be maintained in a clean and sanitary condition, and animal feces shall be picked up and disposed of daily. 12. The Site Lighting Plan shall be revised to utilize downcast fixtures such that the source of light is not visible from off the property while also providing sufficient illumination of the parking area. 13. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the City Council Meeting Minutes August 3, 2020 5 page installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/ Sediment Control Inspector/ Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 14. This development shall comply with Eagan' s Land Disturbance Stormwater Pollution Prevention Requirements. Planned Development Amendment — Heritage Landscape Supply Group, Inc. City Administrator Osberg introduced the item noting the site is currently developed with a 235,000 square foot office showroom building. The Council is being asked to consider a Planned Development Amendment to allow the outdoor storage of PVC pipe and Polypipe upon property located at 2015 Silver Bell Road. City Planner Schultz gave a staff report and provided a site map. The applicant was 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 Planned Development Amendment to allow the outdoor storage of PVC pipe and Polypipe upon property located at 2015 Silver Bell Road, subject to the following conditions: Aye: 4 Nay: 0 1. An Amendment to the Final Planned Development Agreement shall be executed, in a form acceptable to the City Attorney, and recorded against the property within 90 days of City Council approval. The Agreement shall include the following exhibits: • Site Plan (dated June 17, 2020) 2. The outdoor storage is limited to the items and locations as depicted on the approved Site Plan. 3. The Applicant shall obtain a Building Permit for the eight (8) foot chain link fence. 4. The vertical fence inserts for the chain link fence shall be kept in premium condition. Replacement of the fence inserts shall occur immediately if they fall into disrepair. 5. All other conditions of the original Final Planned Development apply. Planned Development Amendment — Pilot Knob Animal Hospital City Administrator Osberg introduced the item noting the property is part of the Knob Hill Professional Park Planned Development located at 4145 Knob Drive and contains a 2,457 square foot animal hospital. The proposal adds 1,322 square feet to the building. City Planner Schultz gave a staff report and provided a site map. Ryan Schroeder, PlanForce Architects, representing the applicant, was available for questions. Mayor Maguire opened the public comment. There being no public comment he turned the discussion back to the Council. City Council Meeting Minutes August 3, 2020 6 page Councilmember Hansen moved, Councilmember Fields seconded a motion to approve (or direct preparation of Findings of Fact for Denial) a Planned Development Amendment to allow expansion of an animal hospital upon property located at 4145 Knob Drive, subject to the following conditions: Aye: 4 Nay 0 1. An Amendment to the Preliminary Planned Development Agreement shall be executed, in a form acceptable to the City Attorney, and recorded against the property within 90 days of City Council approval. The Agreement shall include the following exhibits: • Site Plan • Landscape Plan • Elevation Plan 2. A Sign Permit is required prior to any installation of any signs. 3. The Applicant shall provide a revised Elevation plan that meets minimum code requirements for each elevation. 4. The Applicant shall provide a Photometric Plan at time of Building Permit. 5. The trash enclosure shall be constructed of materials to match the existing structure and meet minimum code requirements. 6. The Applicant shall ensure the survival of preserved trees via protection of the tree' s critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater. 7. The Applicant shall contact the City Forestry Division and set up a pre -construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 8. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/ Sediment Control Inspector/ Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 9. The Applicant shall comply with Eagan' s Land Disturbance Stormwater Pollution Prevention Requirements. 10. The Applicant shall enter into an encroachment agreement to allow a retaining wall in an easement, in a form acceptable to the City Attorney. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA There are no administrative agenda items to be heard. VISITORS TO BE HEARD There were no visitors to be heard. City Council Meeting Minutes August 3, 2020 7 page ADJOURNMENT Councilmember Hansen moved, Councilmember Fields seconded a motion to adjourn the meeting at 7:20 p.m. Aye: 4 Nay: 0 1 Nfl�' . • r. - l Acyl Mayor 2020 Advisory Commission Appointments Summary of Openings Advisory Planning Commission (APC) 2 -year Terms 1 • fran6 S 2. R'O(Mckno 3 • e.0 One-year Alternate I.(�ri�1 by m�l'lo^ Advisory Parks and Recreation Commission (APrQ 2 -year Terms 2. � re. 3. 14 push One-year Alternate 1. pdtrji c"5 cof i Airport Relations Commission (ARC) 2 -year Terms 1. :k)� n_scn 2. Z_ 3.—L(dnC�CJ� Q One-year Alternate I. r=, CkerIt- Energy and Environment Advisory Commission (EEAC) 2 -year Terms I. !i mmnn S 2. SCS—r1C�. 3. p� 4. eCGt.)C One-year Term 1. PGt� i'►'I G( One-year Alternate ov Eagan -Inver Grove Heights Watershed Management Organization (EIGHWMO) 3 -year Term eoss - s �►'1 e5� °� l� Commission Ballot # + 2020 Advisory Commission Voting Tally Applicant Name APC APrC ARC EEAC WIVIO Charles Francis* Kim Heckmann* Dan Sagstetter* Molly Schuetzle* Britt Moore* Aileen Hough* Makayla Palmer* Rachel Power Jeff Eckerle Rachel Barth Michael Johnson* Jeff Spartz* Lee Walton Louis Lundberg David Timmons* Mike Supina* Peter Dugan* Dan Robicheaux Brian Hash Monica Foss* *Incumbent on a City Advisory Commission Inita Energy and Environment Advisory Commission (EEAQ 2 -year Terms 2. �un ►�� 3. 4. 1 -year Term 1. 1 -year Alternate IJa�Meil' Round 1 Initial: Energy and Environment Advisory Commission (EEAQ 2 -year Terms t. 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Ghrl ,fie 2.�e-fA 3. 1 -year Alternate Round. 1 Commission lT�� Ballot # 2020 Advisory Commission Voting Tally Applicant Name APC APrC ARC EEAC WMO Charles Francis* Kim Heckmann* Dan Sagstetter* Molly Schuetzle* Britt Moore* Aileen Hough* Makayla Palmer* Rachel Power Jeff Eckerle Rachel Barth Michael Johnson* Jeff Spartz* Lee Walton Louis Lundberg David Timmons* Mike Supina* Peter Dugan* Dan Robicheaux Brian Hash Monica Foss* *Incumbent on a City Advisory Commission Advisory Planning Commission (APC) 2-vear Terms 2. 3. 1 -year Alternate Round 2 IMW Advisory Planning Commission (APC) 2-vear Terms 1. 2. 3. 1 -year Alternate Round 2 r Initial: �� Advisory Planning Commission (APC) 2 -year Terms 2. 3. -vear Alternate Round 2 5# Initial• Advisory Planning Commission (APC) 2 -year Terms 1. 2. 3. 1 -year Alternate 1. Jcje E c Vzi, Ile Round 2 Commission A 19 ei Ballot # 2020 Advisory Commission Voting Tally Applicant Name APC APrC ARC EEAC WMO Charles Francis* Kim Heckmann* Dan Sagstetter* Molly Schuetzle* Britt Moore* ` Aileen Hough* Makayla Palmer* Rachel Power Jeff Eckerle Rachel Barth Michael Johnson* Jeff Spartz* Lee Walton Louis Lundberg David Timmons* Mike Supina* Peter Dugan* Dan Robicheaux Brian Hash Monica Foss* *Incumbent on a City Advisory Commission Initial Advisory Parks and Recreation Commission (APrQ 2-vear Terms 2. /1"60 JP 3. 1-vear Alternate Round 1 Initi Advisory Parks and Recreation Commission (APrC) 2 -year Terms I. -Mold �z z. 3. �j�PPS'1 ttllUxh�� - u 1 -year Altermte Round 1 IF,W.11 � Advisory Parks and Recreation Commission (APrQ 2 -year Terms I -vear 1-vear Alternate . - 9/1 (- LJ fOSAI!zV Round 1 2. 3.- I -vear 1-vear Alternate . - 9/1 (- LJ fOSAI!zV Round 1 Initial s Advisory Parks and Recreation Commission (APrC) 2 -year Terms �IA, I c U, Le z. ✓�itl I��RP 1 -year Alternate Round 1 Commission Ballot # I 2020 Advisory Commission Voting Tally Applicant Name APC APrC ARC EEAC WMO Charles Francis* Kim Heckmann* Dan Sagstetter* Molly Schuetzle* Britt Moore* Aileen Hough* Makayla Palmer* Rachel Power Jeff Eckerle Rachel Barth Michael Johnson* Jeff Spartz* Lee Walton Louis Lundberg David Timmons* Mike Supina* Peter Dugan* Dan Robicheaux Brian Hash Monica Foss* *Incumbent on a City Advisory Commission Initi Airport Relations Commission (ARC) 2 -year Terms 2.�� a vj Z 3. 1 -year Alternate I. EcLev(e Round 1 Airport Relations Commission (ARC) 2 -year Terms 2. 3.- ell 0 1 -year Alternate Found 1 Initial: /II Airport relations Commission (ARC) 2 -year Terms I -- )-('* 4LS () /t/ 2.- SnRT2- 3.- Lv��l 1 -year Alternate Round 1 Airport Relations Commission (ARC) 2 -year Terms 1LVA )Lki-eq 2. x'n rr v t 7- F " - 3. jA�,. 1 -year Alternate i=� F Ledc Round 1 Initial: