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08/05/2013 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota AUGUST 5, 2013 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Councilmembers Bakken, Fields and Hansen. Mayor Maguire arrived at 6:12 p.m. Councilmember Tilley was absent. A regular meeting of the Eagan City Council was held on Monday, August 5, 2013 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen. Also present were City Administrator Osberg, Director of Community Development Hohenstein, City Planner Ridley, City Engineer Gorder, Director of Parks and Recreation Johnson, Director of Communications Garrison, Fire Chief Scott, Police Chief McDonald and Executive Assistant Stevenson. AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye:4 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions or presentations. CONSENT AGENDA Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as presented: Aye: 4 Nay: 0 A. It was recommended to approve the amended minutes of June 25 and the minutes of July 16, 2013. B. There were no Personnel Items to approve. C. It was recommended to approve check registers dated July 19 and July 26, 2013. D. It was recommended to Cancel the November 12, 2013 Special City Council Meeting E. Item removed F. It was recommended to adopt a Proclamation recognizing August 6, 2013, as "National Night Out" in Eagan G. It was recommended to approve a Joint Powers Agreement between the City of Eagan and the St. Paul Port Authority to implement and administer a Property Assessed Clean Energy Program (MN PACE) on behalf of the City of Eagan H. It was recommended to approve funding of the Holden property purchase and related architectural consulting from General Fund balance I. It was recommended to approve a Sound Amplification Permit and Waiver of fee for an outdoor event for Faithful Shepherd on September 21, 2013 J. It was recommended to direct Research of Senior Housing Zoning and Development Standards for Future Consideration of Related City Code Amendments K. It was recommended to approve a Resolution to accept a donation of $1,245 from Minnesota Energy to purchase a gas monitor and authorize the necessary budget City Council Meeting Minutes August 5, 2013 2 page L. It was recommended to approve the contract with Buske Group to conduct Cable Franchise Needs Assessment M. It is recommended to receive a Petition to Vacate Public Drainage & Utility Easements, Lot 1, Block 1 Parkview Golf Club, and Schedule Public Hearing for September 3, 2013 N. It is recommended to approve the Inflow & Infiltration (I &I) Program Surcharge Appeals 0. It is recommended to award City Contract No. 13 -07 (Citywide Trail Improvements) P. It is recommended to award City Contract No. 14 -02 (CM Campus Backup Power) Q. It is recommended to approve the Water Quality Cost -Share Partnership Program with All Saints Lutheran Church - Parking Lot Biofiltration R. It is recommended to approve a Resolution designating the Port Authority to implement and administer a Property Assessed Clean Energy improvement financing on behalf of the City of Eagan, and providing for the imposition of special assessments as needed in connection with that program S. It is recommended the extension of Final Plat Recording (Kennerick 4th Addition) PUBLIC HEARINGS There were no public hearings to be heard. There was no old business to be heard. OLD BUSINESS NEW BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT — GRATUS DEVELOPMENT City Administrator Osberg introduced the item noting the Council is being asked to consider a Comprehensive Guide Plan Amendment to change the land use designation from Special Area /Major Office to Special Area /Mixed Uses for approximately 24 acres located north of Yankee Doodle Road and west of Central Parkway. The property has been zoned Agriculture since 1959, with a single - family home built in 1958 present in the southwest corner of the site. The property has held various versions of commercial /office land use designations over the years — Research & Development, Office /Service, and most recently Major Office. Osberg noted a 2001 proposal by Target Corporation for a Community Shopping Center designation was denied by the City and a 2004 proposal for a Retail Commercial designation was reviewed by the Advisory Planning Commission and City Council, but withdrawn by the applicant. City Planner Ridley gave a staff report. The applicant, Mark McLane, was available for questions. Mayor Maguire asked if anyone in the audience would like to comment on the comprehensive guide plan amendment. There being no public comment, he turned the discussion back to the Council. Comprehensive Guide Plan Amendment to the Metropolitan Council to change the land use designation City Council Meeting Minutes August 5, 2013 3 page from SA /MO (Special Area /Major Office) to SA /MU (Special Area /Mixed Use) for approximately 24 acres located north of Yankee Doodle Road and west of Central Parkway. Aye: 4 Nay: 0 CONDITIONAL USE PERMIT - AUTOWORX City Administrator Osberg introduced the item noting the Council is being asked to consider a Conditional Use Permit to allow outside storage of 15 vehicles and outside storage for no more than 75 tires for property located at 1904 Shawnee Road. City Planner Ridley gave a staff report noting City code requires outdoor storage be enclosed, located in a side or rear yard and screened from the public right -of -way. The proposed permit does not meet these conditions due to the location of the existing building. The Advisory Planning Commission held a Public Hearing on July 23, 2013, and is recommending approval. The applicant was available for questions. Mayor Maguire asked if anyone in the audience would like to comment on the amendment. There being no public comment, he turned the discussion back to the Council. Councilmembers Fields and Hansen commented on the appropriateness of the request. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Conditional Use Permit to allow outside storage of a maximum of 15 vehicles which may include: passenger vehicles, U- haul trucks, U -haul trailers, limousines, limousine buses, shuttle buses and carpet cleaning vans and no more than 75 tires for property at 1904 Shawnee Road, subject to the following conditions: Aye:4 Nay:O 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. This Conditional Use Permit cancels and supersedes the Conditional Use Permit issued in 2006 for outdoor storage of metal materials and airline equipment; and is in addition to the Conditional Use Permit issued in 2009 to allow a dog daycare and grooming facility with overnight boarding and outdoor runs, located on the eastern end unit of the building. 3. The applicant shall submit a revised Site Plan identifying the vehicle storage area with 60 or 90 degree parking stalls and the tire storage area on the site as depicted on the Site Plan submitted July 8, 2013. 4. The outdoor storage is limited to a maximum of 15 vehicles, which may include: passenger vehicles, U -haul trucks, U -haul trailers, limousines, limousine buses, shuttle buses and carpet cleaning vans located in the parking lot on the southeast side of the building and a tire enclosure located south of the building. 5. The fabric netting for the chain link fence shall be kept in premium condition. Replacement of the fabric netting shall occur immediately if it falls into disrepair. 6. Trash receptacles shall be kept either inside the building or within an enclosure constructed according to City Code standards. A revised Site Plan shall show the trash enclosure if one is to be constructed. City Council Meeting Minutes August 5, 2013 4 page PLANNED DEVELOPMENT AMENDMENT — ZIRNHELT PROPERTIES (POWER SYSTEMS RESEARCH) City Administrator Osberg introduced the item noting this Planned Development was established in 1985. The Council is being asked to consider an amendment at 1365 Corporate Center Curve location to allow for a one -story 1,200 s.f. addition being proposed on the west side of the building to function as a research laboratory for Power Systems Research. City Planner Ridley gave a staff report noting the Advisory Planning Commission discussed the proposed one -story addition with consideration to the context of the existing two -story building, and multi -story nature of surrounding development. The APC recommended approval for the addition as proposed. The applicant Joe Zirnhelt, and Quinn Hutson, Architect, were available for questions. Mayor Maguire asked if anyone in the audience would like to comment on the amendment. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve a Planned Development Amendment for a one -story 1,200 s.f. addition to the principal building for property located at 1365 Corporate Center Curve, subject to the following conditions: Aye: 4 Nay: 0 An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The PD Amendment Agreement shall include the following exhibits: • Site Plan • Elevations • Landscape Plan 2. The overhead door shall be painted to match the building. 3. Gates on the trash enclosure shall match the building in color. 4. Building address numbers shall be reviewed and replaced if necessary to comply with the provisions of Section 2.78 of City Code. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative /intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA CITY COUNCIL Mayor Maguire recognized Tuesday, August 6, 2013, as "National Night Out" in the City of Eagan. Police Chief McDonald noted there are 173 registered block parties for National Night Out. Chief McDonald reminded residents to turn on your lights, lock your door and go out and meet your neighbors. City Council Meeting Minutes August 5, 2013 5 page DIRECTOR OF COMMUNITY DEVELOPMENT Director of Community Development Hohenstein noted all seven of the Paragon Outlets buildings have been issued Building Permits. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Fields moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:01 p.m. Aye: 4 Nay: 0 Date /a W, z' W I C l ..'ter City Clerk