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07/11/2023 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 11, 2023 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Hansen, Fields, Bakken, and Supina. A regular Eagan City Council meeting was held on Tuesday, July 11, at 6:30 p.m. Present were Mayor Maguire, Councilmembers Hansen, Fields, Bakken, and Supina. Also present: City Administrator Miller, Assistant City Administrator Alig, City Attorney Bauer, Public Works Director Matthys, Community Development Director Hutmacher, City Planner Schultz, Parks & Recreation Director Pimental. II. ADOPT AGENDA Councilmember Hansen moved, Councilmember Supina seconded a motion to adopt the agenda as presented. Aye: 5, Nay: 0. Motion carried. III. RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. IV. CONSENT AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent agenda. Aye: 5, Nay: 0. Motion carried. A. It was recommended to approve the minutes of the June 13 Special City Council Meeting and the June 20 Regular City Council Meeting. B. Personnel Items: 1. It was recommended to approve the promotion of Michael Grannes from Senior Building Inspector to Chief Building Official, and authorize replacement. 2. It was recommended to approve the hiring of Payton Walser, Police Officer. 3. It was recommended to approve the promotion of Brooke Hendrickson from Community Service Officer to Police Officer, and authorize replacement. 4. It was recommended to approve the promotion of Liam O’Shea from Police Cadet to Police Officer, and authorize replacement. 5. It was recommended to approve the hiring of the following part-time recurring and seasonal employees: • Vivienne Nelson Guest Relations Crew • Louisa Brandt Skate Instructor C. It was recommended to ratify the check registers dated June 16, 23, and 30, 2023. D. It was recommended to approve the following ordinary and customary contracts: 1. Amendment to the Agreement for Police Liaison Services with Independent School District 196 2. Vendor Service Agreement with Mystery Cafe for entertainment at Senior event on September 21, 2023 City Council Meeting Minutes July 11, 2023 Page 2 3. Agreement with Trusted Metro Officials for adult basketball league officials in 2023/24 4. Vendor Service Agreement with Hanna Bakke for entertainment in June and July 2023 5. Vendor Service Agreement with Patrick E. Sheppard for entertainment in July and August 2023 6. Agreement with Metro Volleyball Officials Association for adult volleyball leagues in 2023-2024 7. Sponsorship Agreement with Marin Luther Senior Living & Care for State Fair Food & Games event on August 29, 2023 8. Appearance Agreement with John Kriesel to speak at the 2024 Eagan Police Department staff meeting 9. Professional Services contract with H&U Construction for the Eagan Art House E. It was recommended to adopt a resolution to accept the following donations: 1. $5,000 from Thomson Reuters for the Police Department’s Youth Leadership Academy. F. It was recommended to receive the bids for Contract 23-03 (2023 City-Wide Trail and Parking Lot Improvements) and award a contract to McNamara Contracting, Inc. for the base bid in the amount of $551,672.00, amend the City’s 5-Year Capital Improvement Plan (2023-2027), and authorize the Mayor and Deputy City Clerk to execute all related documents.. G. It was recommended to approve the Technical Specialty Consulting Agreement with VMC LLC and authorize the Mayor and Deputy City Clerk to execute all related documents. H. It was recommended to accept Lower Minnesota River Watershed District (LMRWD) grant funding for erosion control improvements at the River Valley Acres (RVA) site at 1785 Yankee Doodle Road. I. It was recommended to approve a temporary on-sale liquor license for Saints Martha and Mary Episcopal Church as part of the Art Block Event on September 16, 2023. J. It was recommended to approve a resolution to temporarily extend the licensed premise of the On-Sale Taproom License issued to Bald Man Brewing, Inc. for an outdoor event on July 15, 2023. K. It was recommended to schedule a public hearing for August 2, 2023 to consider Ordinance Amendment to City Code Chapter 12 regarding a Moratorium for the Study of Cannabis Sales. L. It was recommended to approve a resolution for an Off-Site Gambling Application for Ted Williams Hitters Hall of Fame and Museum to conduct a raffle on August 3, 2023 at 2600 Vikings Circle. V. PUBLIC HEARINGS There were no public hearings. VI. OLD BUSINESS There were no items for Old Business. City Council Meeting Minutes July 11, 2023 Page 3 VII. NEW BUSINESS CONDITIONAL USE PERMIT - Chip’s Pickleball Club – 980 Discovery Road City Administrator Miller introduced the item and invited City Planner Schultz to provide additional information. City Planner Schultz provided a location map showing the existing 46,424 square foot warehouse building. The applicant is proposing to install 13 indoor pickleball courts with no changes to the site or building being proposed at this time. The applicant was present for questions. The applicant, Jack Eickhof, asked a clarifying question about parking requirements and the additional parking proposed behind the building. City Planner Schultz stated staff used the parking standard for bowling alleys, which was 5 stalls per lane. There are currently 95 stalls painted on the site, so the property would have 30 stalls over the minimum. Mayor Maguire inquired about requirements should the applicant choose to add an onsite restaurant or bar in the future. City Planner Schultz stated it would depend on the scale of the restaurant and if it would be ancillary to the principal use. City Planner Schultz clarified that restaurants are a conditional use in the Business Park zoning district so the applicant, depending on scale, may need to obtain a CUP. Mayor Maguire called for public comment on the item. Hearing none, the Mayor returned the conversation to Council. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Conditional Use Permit to allow pickleball courts as a health and fitness club in a Business Park zoning district, upon property located at 980 Discovery Road, subject to the conditions listed in the Advisory Planning Commission (APC) minutes. Aye: 5, Nay: 0. Motion carried. 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. A Building Permit shall be obtained for the tenant buildout. 3. All signage shall comply with City Sign Code standards. A Sign Permit shall be obtained prior to installation of any signs. 4. The property owner shall submit a Planting Plan to replace the dead trees and revitalize landscaping on site, suitable to the City Forester, no later than August 1, 2023. The planting plan shall be phased over a two-year period corresponding with approval date of the CUP. 5. The property owner shall provide a private sidewalk extension to the public trail along Yankee Doodle Road. The revised Site Plan shall be submitted to the City Planner, no later than August 1, 2023, and implemented no later than July 11, 2024. 6. The property owner shall repair the parking lot no later than July 11, 2024. City Council Meeting Minutes July 11, 2023 Page 4 COMPREHENSIVE GUIDE PLAN AMENDMENT – Metcalf Park (Pulte Homes/Paul Heuer) – 2240 Diffley Road City Administrator Miller introduced the item and invited City Planner Schultz to provide additional information and a location map. The applicant is requesting the land use change to allow redevelopment of the former school site with residential uses including twinhomes and townhomes, multi-family senior co-operative and apartments, and a public park. Applicant Paul Heuer was present and provided a brief presentation to Council on the proposal and summarized the work the development team has done to incorporate feedback from the Council and neighborhood comments. Mayor Maguire asked for an explanation of the EAW. City Planner Schultz stated an Environmental Assessment Worksheet is required whenever a development exceeds certain thresholds. Mayor Maguire inquired of the applicant whether the twinhomes and the townhomes could be arranged differently. Mr. Heuer stated it may be possible but would cause involve changes to the marketability of the development. Mayor Maguire inquired what it would require to increase affordability to 20%. Paul Heuer stated that townhomes and twinhomes typically are not part of the affordability model. To increase affordability would require some additional funding to close the gap. Discussion continued regarding the state statutory requirements of affordable housing. Community Development director Hutmacher responded to a question regarding tools available to developers to fill the funding gap. Councilmember Supina inquired whether the stormwater ponds would be owned and maintained by the City. City Engineer Gorder responded that the ponds would likely be publicly maintained as they also handle runoff from the right of way. Mayor Maguire called for comments from the public on the item. Hearing none, the Mayor returned the conversation to Council for additional conversation. Mayor Maguire acknowledged the changes made to the plan since the last meeting [informal concept plan]. The Mayor stated he was hoping for more affordability in the proposal. Councilmember Hansen stated he sees this as a potentially unique life cycle housing neighborhood. He was appreciative of the modifications in response to Council feedback, but disappointed there was little movement towards affordability. The developer acknowledged they met with Dakota County CDA and the options available through the CDA would not be enough to fill the funding gap. City Council Meeting Minutes July 11, 2023 Page 5 The Mayor explained the potential voting outcomes and how it would impact the proposal. Councilmember Bakken stated he interprets mixed use as more than a combination of various forms of housing. He noted he would be in favor of the integration of high-ceiling office warehouse to the housing uses. As the plan has been proposed, he believes the site shows too much density in housing. Mayor Maguire asked if the proposal goes to the Met Council, who the applicant would be. City Attorney Bauer stated the applicant is the developer, the City takes ownership of the Comprehensive guide plan. City Attorney Bauer clarified that an additional party could be brought onto the team and not impact the proposed amendment. Community Development Director Hutmacher added that the Metropolitan Council does not necessarily care about who owns the property, but they are focused on the use and the impact on its regional systems. Councilmember Supina added he would also like to see affordability in the proposal. He believes the medium and high-density components seemed appropriate for the site. Councilmember Bakken interjected he would not be interested in TIF funding for this proposal. Mayor Maguire asked for clarification on the noise thresholds. City Planner Schultz stated that as part of the EAW, the noise levels would be studied to determine whether mitigation would be required. Councilmember Fields stated she would like to see less density of the apartments decrease. Fields stated she appreciated the addition of the single level twinhomes to the proposal. However, she added the concept plan still needs some work. Councilmember Bakken recommended taking a pause and reworking the plan. Mayor Maguire stated he would like to give the developer an opportunity to determine whether to withdraw and come back later or proceed with the vote. The developer team asked for a short recess. City Council agreed to take a short recess. Mayor Maguire called the meeting back. Maguire asked the applicant if they had any questions. Mr. Heuer had a few questions for clarification. He asked how the affordability component would apply to the twin and townhomes. Mayor Maguire explained that the state statutes apply to 20% of the overall units and is more easily applied to rental units. The statutes are vague to how that formula is applied across the board. Councilmember Bakken recommended the applicant consult with an attorney or if there was case law on how the affordability statute is applied. City Council Meeting Minutes July 11, 2023 Page 6 Mr. Heuer asked Councilmember Fields if she could clarify her comments regarding density of the proposal. Councilmember Fields stated she would like to see a wing of the apartment building removed. She added she would like the density to go down quite a bit but understands the economics. She added that she didn’t believe there was enough guest parking and a reduction in the footprint of the apartment building would help. Councilmember Bakken asked Councilmember Fields if she would support a substitution of the apartments with a commercial or industrial use. Councilmember Fields affirmed she would support introduction of those uses. Mr. Heuer inquired whether the Council would be open to a 60-day tabling. City Attorney Bauer stated the applicant would need to request a continuance to a date certain. Mayor Maguire suggested revisiting the proposal at the second meeting in September. The applicant verbally requested a continuance until September 19th. Councilmember Bakken moved, Councilmember Fields seconded a motion to continue the item to the September 19th Regular City Council Meeting. Aye: 5, Nay: 0. Motion carried. The Mayor thanked the Council and the developer team. 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 July 11, 2023 Page 7 XII.ADJOURNMENT Councilmember Hansen moved, Councilmember Supina seconded a motion to adjourn. Aye: 5, Nay: 0. Motion carried. The meeting was adjourned at 8:40 p.m. ______________________ Date ______________________ Acting Mayor ______________________ City Clerk July 18, 2023