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03/21/2023 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota March 21, 2023 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Hansen, Fields, and Supina. A regular Eagan City Council meeting was held on Tuesday, March 21, at 6:30 p.m. Present were Mayor Maguire, Councilmembers Bakken, Hansen, Fields, and Supina. Also present: City Administrator Miller, Assistant City Administrator Alig, City Attorney Bauer, City Engineer Gorder, Community Development Director Hutmacher, Finance Director Feldman, and City Planner Schultz. II.ADOPT AGENDA Councilmember Hansen moved, Councilmember Fields seconded a motion to adopt the agenda as presented. Aye: 5, Nay: 0. Motion carried. III.RECOGNITIONS AND PRESENTATIONS IV.CONSENT AGENDA Councilmember Fields moved, Councilmember Supina seconded a motion to approve the Consent agenda. Aye: 5, Nay: 0. Motion carried. A.It was recommended to approve the minutes of the March 7, 2023 Regular and March 14, 2023 Special City Council Meetings. B.Personnel Items: 1.It was recommended to approve the hiring of the following part-time recurring and seasonal employees: •Adam Wolgemuth Engineering Intern •Connor Filipi ETV Production Crewmember •Jared Greenberg ETV Production Crewmember •Timothy Schingen ETV Production Crewmember •Kiana Zastoupil ETV Production Crewmember •Antonio Allen Guest Relations Crew •Zachary Herme Guest Relations Crew •Cora Krahn Guest Relations Crew •Angela Wohletz Guest Relations Crew •Owen Zimmerman Guest Relations Crew •Tova Wutschke Guest Relations Crew •Makayla Bracy Lifeguard •Kai Dackett Lifeguard •Ekaterina Vetoshkina Lifeguard •Justin Kwon Park Laborer – Seasonal •Trevor Langeberg Park Laborer – Seasonal •Andrew Koppang Park Laborer - Seasonal City Council Meeting Minutes March 21, 2023 Page 2 C.It was recommended to ratify the check registers dated March 3, 2023 and March 10, 2023. D.It was recommended to approve the following ordinary and customary contracts: 1.Letter of agreement for an audit of Eagan Police Department’s portable recording system data 2.Agreement with the Minnesota Aurora FC for ETV to provide broadcasting services for the 2023 season 3.Agreement with RES Pyro for July 4 Fireworks Display 4.Dental Renewal Agreement with Health Partners Administrators, Inc. (“HPAI”) and the City of Eagan (“the Plan Sponsor”) for the 2023 plan year 5.Dental Renewal Agreement with Health Partners Administrators, Inc. (“HPAI”) and the City of Eagan (“the Plan Sponsor”) for the 2022 plan year E.It was recommended to approve a resolution to accept donations from the following: 1.$2000 from Margo Danner for the Dakota Valley Symphony and Chorus Concert on July 13 in celebration of the 20th Anniversary of the Eagan Seniors F.It was recommended to approve temporary on-sale liquor licenses for the Twin Cities Goodtime Softball League on May 27 and 28, 2023 at Northview Park and Lexington/Diffley Athletic Fields. G.It was recommended Approve a resolution requesting the Minnesota Department of Transportation release the local bond principal and interest portion of the City of Eagan’s annual apportionment from the Municipal State Aid (MSA) Construction and Maintenance account. H.It was recommended Receive the bids for Contract 23-04 (Central Maintenance Facility – Fuel System Upgrade), award a contract to Minnesota Petroleum Service, Inc. for the base bid in the amount of $285,868.00, authorize the Mayor and City Clerk to execute all related documents and amend the 2023 Capital Improvement Plan to total $557,100 for the fuel system upgrade project. I.It was recommended to approve the Technical Specialty Consulting Agreement with HydroCorp Inc. and authorize the Mayor and City Clerk to execute all related documents. J.It was recommended to approve an Encroachment Agreement for Lot 2, Block 1, Rahncliff 4th Addition (1940 Rahncliff Court). K.It was recommended to accept a $206,275 Federal High-Intensity Drug Trafficking Grant on behalf of the Dakota County Drug Task Force. L.Item pulled from the agenda. M.It was recommended to approve a manager change of the Off-Sale 3.2 Liquor License issued to Supervalu, Inc. doing business as Cub Foods located at 1940 Cliff Lake Road. N.It was recommended to approve a manager change of the On-Sale 3.2 Liquor License issued to West End Trap Club, Inc. doing business as West End Trap Club located at 4899 Brooklyn Lane. O.It was recommended to approve a manager change of the Off-Sale 3.2 Liquor License issued to Eagan 2014, LLC doing business as Cub Foods located at 1276 Town Centre Drive. P.It was recommended to approve a manager change of the Off-Sale 3.2 Liquor License issued to Eagan 2008, LLC doing business as Cub Foods #31794 located at 1020 Diffley Road. Q.It was recommended to approve a manager change of the On-Sale Liquor License issued to Blazin Wings, Inc. doing business as Buffalo Wild Wings Grill & Bar located at 1280 Promenade Place. R.It was recommended to approve a manager change of the Off-Sale Liquor License issued to Supervalu, Inc. doing business as Cub Liquors located at 1016 Diffley Road, Suite 800. City Council Meeting Minutes March 21, 2023 Page 3 S.It was recommended to approve the plans and specifications for Contract 23-05 (2023 City- Owned Streetlight Improvements) and authorize the advertisement for an electronic bid opening to be held at 10:00 a.m., on Thursday, April 20, 2023. V.PUBLIC HEARINGS VARIANCE – 1029 Wescott Court – Theresa & Vikram Havaland City Administrator Miller introduced the item and invited City Planner Schultz to provide additional information. City Planner Schultz provided a site map and staff report regarding the variance request. Planner Schultz noted the applicant was present to answer any questions. Mayor Maguire asked the applicant if he had anything to add. Mr. Havaland stated he had nothing else to add and was available for questions. Mayor Maguire called for public comment on the variance item. Hearing none, the Mayor returned the conversation to Council for additional conversation and motion. Mayor Maguire noted the recent change in the R-1S zoning ordinance and the similar variance requests within the same neighborhood. He also noted the request does not appear to be detrimental to the neighborhood. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Variance of 486 square feet to the maximum 2,000 square foot building coverage standard to allow the addition of a screen porch to the single-family dwelling at 1020 Wescott Court, subject to the conditions listed in the staff report. Aye: 5, Nay: 0. Motion carried. Subject to the following conditions: 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.A Building Permit shall be required prior to construction of the addition. CERTIFICATION of Delinquent Utilities City Administrator Miller presented the item and stated that City Code allows for collection through certification of delinquent utility bills. Administrator Miller acknowledged Finance Director Feldman was present to answer any questions on the item. Councilmember Supina moved, Councilmember Bakken seconded a motion to close the public hearing and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. Aye: 5, Nay: 0. Motion carried. City Council Meeting Minutes March 21, 2023 Page 4 VI.OLD BUSINESS There were no items for Old Business. VII.NEW BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT Home by Perri / Asaf Fligelman – 3040 Eagandale Place City Administrator Miller introduced the item and invited City Planner Schultz to provide a site map and staff report on the proposal. City Planner Schultz provided a site map and a staff report regarding the proposal to convert the existing Sonesta Suites hotel from an extended stay hotel to long-term rental apartments. Planner Schultz also presented the applicant’s various off-street parking alternatives to add additional parking to meet City Code and parking demand. City Planner Schultz noted the Advisory Planning Commission was omfortable with a one (1) parking stall per bedroom approach and favored restriping the parking lot and avoid encroachment into the landscape buffer. Schultz noted the 9-foot parking stall options were not provided for APC’s consideration and were submitted after the meeting. The applicant, Asaf Fligelman, 975 Browers Point Branch, Woodmere, New York, with Home by Perri, was present. Mr. Fligelman addressed the Council and summarized the parking analysis that went into the creation of the parking alternatives. Councilmember Fields inquired of the applicant whether parking spaces would be assigned. Mr. Fligelman stated applicants would have assigned parking spaces, and that additional parking spaces would be available for a monthly fee. Councilmember Fields asked how many guest parking stalls would be available. Mr. Fligelman responded that it will depend on the number of stalls assigned to the tenants; but plan on one stall per one-bedroom unit and one-plus for each two-bedroom unit. This would result in approximately 135 parking stalls leaving approximately 20 stalls for guests. Councilmember Fields asked for clarification on the location of the carports. City Planner Schultz clarified the location of the covered car parking within the inner ring of parking. Mr. Fligelman provided more clarification why carports were not considered along the outer parking ring. Councilmember Bakken inquired about ADA accessible units on the property. City Council Meeting Minutes March 21, 2023 Page 5 Mr. Fligelman noted there are 9 ADA-accessible units on the main floor, and they are located nearest to the ADA parking stalls. He noted the property currently has two more ADA stalls than are required. He added that if there are tenants that require more ADA parking they would simply restripe the parking to accommodate them. Councilmember Bakken asked if Council would be able to accommodate the applicant’s request for parking flexibility but also require proof of parking at the City’s discretion if they are under-parked. City Attorney Bauer responded that the City can require a proof of parking program to show that the parking can be accommodated. Mayor Maguire discussed focusing on the number of beds provided within the proposal. He stated his goal would be 150 parking spots for the 150 bedrooms and designate some additional parking for guests. The Mayor inquired which parking scenario would achieve 160 parking stalls. Mr. Fligelman responded the 9-foot stalls would achieve 156 parking stalls, plus two more could be added where the existing pylon is currently located (at the southeast corner of the site). He noted he would evaluate additional two parking. Councilmember Supina agreed with the one stall per bed goal along with parking option ‘E’. Supina asked the applicant to clarify how parking would be designated for the 2-bedroom units, noting that not all of the 2-bedroom units will need two parking stalls. Mr. Fligelman explained he would consider a “buy back” of the parking space if a tenant of a 2-bedroom did not need both parking stalls, offering discounted rent for the additional stall that could be made available for guests. Councilmember Hansen agreed with the one stall per bedroom model and noted the challenge of providing sufficient guest parking. Mayor Maguire inquired of Police Chief New and Fire Chief Searle whether, in their experience, public safety calls for apartments versus hotels regarding both volume and type of calls. Chief Searle noted that there was no distinguishable difference when comparing with similar sized apartment complexes and hotel rooms, approximately 30 calls per year per facility. Chief Searle noted the difference being cooking-related fire calls are more common at permanent residences versus hotels. Chief New noted the data the applicant presented is consistent with the data that we [Police] have. He noted hotel facilities will generally generate more calls of service due to the transient nature of the facility. Whereas long-term apartment complexes will generally have less calls, but there is no consistency in the type of calls received. Chief New stated the type of police calls were dependent on management of the [apartment] facility. Discussion ensued between Council and Chief New regarding the comparable facilities and the impacts of good management within long-term apartment complexes. City Council Meeting Minutes March 21, 2023 Page 6 Mayor Maguire directed a question to staff regarding carports for this property. City Planner Schultz responded that City Code requires one enclosed parking stall, either underground or attached garage. Schultz noted the carports seemed more viable and provide at least covered parking. Mayor Maguire recognized the hotel use did not require enclosed parking and the carports afforded a more reasonable option than retrofitting the site with garages or underground parking. Councilmember Bakken inquired of City Attorney Bauer about the possibility of requiring a commitment from the developer of a minimum assessed value for a set period of time. City Attorney Bauer stated that this has been done with TIF districts, but there would need to be a nexus between the condition the City is adding and the consequence to the property owner. The nexus would have to be that the City wouldn’t want a fiscal impact to the City to be any less by the conversion to multi-family. Councilmember Bakken and City Attorney Bauer continued discussion regarding a minimum assessed value to the property. Mr. Bauer stated he would need to complete more research on the matter. Councilmember Supina 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 Retail Commercial (RC) to High Density (HD) upon approximately 4.36 acres located at 3040 Eagandale Place, legally described as Lot 1, Block 1, Eagandale Lemay Lake 2nd Addition. Aye: 5, Nay:0. Motion carried. RENTAL LICENSING City Administrator Miller introduced the item and invited Community Development Director Hutmacher to present more information. Director Hutmacher summarized the work and discussions that have led to the development of a rental licensing ordinance. The City Council has discussed rental licensing at four work session meetings since November 2021 and directed staff to proceed with drafting an ordinance on April 5, 2022. Rental licensing ensures access to safe housing that is free from substandard conditions and promotes neighborhood stability by addressing deterioration and preventing blight. The City has engaged the community on rental licensing using a variety of tools. Councilmember Bakken inquired about the impact of a suspension or revocation of a rental license on tenants. Director Hutmacher stated residents would be notified of the action, but the ordinance does not require evictions or otherwise displace residents. Rent collected during the time a license has been revoked may be directed into an escrow account and used to fund necessary corrections. No vacant units may be rented during a period of suspension or revocation. The City Council discussed the hearing process for suspensions and revocations. Mayor Maguire called for public comment on the Rental Property Licensing Ordinance changes. City Council Meeting Minutes March 21, 2023 Page 7 Marty McDonough of the Minnesota Multi Housing Association was present and addressed the Council. He thanked the City for their outreach to MHA and willingness to hear comments and concerns. MHA is supportive of the ordinance and looks forward to working with the City as it is implemented. Mayor Maguire thanked staff for their work on developing the proposal. Councilmember Bakken moved, Councilmember Supina seconded a motion to approve rental property licensing ordinance, Section 6.55. Aye: 5, Nay: 0. Motion carried. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve ordinance amending City Code Section 10.51 relating to outdoor junk storage. Aye: 5, Nay: 0. Motion carried. Councilmember Supina moved, Councilmember Bakken seconded a motion to approve ordinance amending City Code Section 10.53 (adopt International Property Maintenance Code), and Section 10.54 (Storage of Firewood). Aye: 5, Nay: 0. Motion carried. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve resolution amending 2023 Fee Schedule adding rental property licensing. Aye: 5, Nay: 0. Motion carried. VIII.LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. IX.ECONOMIC DEVELOPMENT AUTHORITY There were no items for the EDA. X.ADMINISTRATIVE AGENDA There were no items for the Administrative Agenda. XI.VISITORS TO BE HEARD There were no visitors to be heard. City Council Meeting Minutes March 21, 2023 Page 8 XII.ADJOURNMENT Councilmember Hansen moved, Councilmember Supina seconded a motion to adjourn. Aye: 5, Nay: 0. Motion carried. The meeting was adjourned at 8:03p.m. ______________________ Date ______________________ Mayor ______________________ City Clerk April 4, 2023