Loading...
01/16/2018 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JANUARY 16, 2018 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. A Closed Session was called at 6:10 p.m. to discuss the settlement agreement in the Daniel Lowell Benson v. City of Eagan litigation. A regular meeting of the Eagan City Council was held on Tuesday, January 16, 2018 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, Director of Communications Garrison, Public Works Director Matthys, City Engineer Gorder, Parks & Recreation Director Pimental, Finance Director Pepper, Director of Community Development Hutmacher, City Planner Ridley, City Clerk Scipioni, Police Chief McDonald, Fire Chief Scott, City Attorney Dougherty, and Executive Assistant Stevenson. AGENDA City Administrator Osberg noted the addition to the Consent Agenda of Item Z. — Approve and authorize execution of a settlement agreement in the Daniel Lowell Benson v. City of Eagan Litigation. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION Gasoline Pipeline Spill Update Police Chief McDonald, Fire Chief Scott, and Public Works Director Matthys gave an update on the recent gasoline pipeline spill that occurred on Monday, January 15, 2018. CONSENT AGENDA Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the consent agenda as amended: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of January 2, 2018 regular City Council meeting, as presented. B. Personnel Items: 1. It was recommended to accept the resignation of Scott Nitti, Streets Maintenance Worker and authorize the recruitment and replacement of this position. City Council Meeting Minutes January 16, 2018 3 page R. It was recommended to approve a manager change of the On -Sale Liquor and Sunday Liquor License issued to Lone Oak Stores LLC doing business as Burgers & Bottles/Volstead House, 1278 Lone Oak Road. S. It was recommended to approve the renewal of an On -Sale Liquor and Sunday Liquor License for J & J Bhakta LLC doing business as Genghis Grill, 1278 Town Centre Drive #175. T. It was recommended to approve the renewal of an On -Sale Liquor and Sunday Liquor License for Qdoba Mexican Restaurant Corporation doing business as Qdoba Mexican Eats Store #2729, 1298 Promenade Place. U. It was recommended to approve a temporary on -sale liquor license and waive the license fee for Trinity School at River Ridge on February 10, 2018 at 601 River Ridge Parkway. V. It was recommended to approve the agreement with UHL, Inc. to provide security and access control professional design services for the renovations at the City Hall and Police facilities. W. It was recommended to approve an extension of Final Subdivision approval for Danner Family 1St Addition to create one lot and an outlot upon approximately 10 acres located in the SE X of Section 12, east of Dodd Road and south of Yankee Doodle Road. X. It was recommended to authorize submittal of a Minnesota Statewide Healthy Improvement Partnership (SHIP) grant application for $35,000.00 to the connectivity and feasibility study of an East West trail connection for the Dakota County Greenway system. Y. It was recommended to authorize submittal of a Dakota County Statewide Health Improvement Partnership Funding application for $16,000.00 to Active Living Dakota County for the wayfinding signage. Z. It was recommended to approve and authorize execution of a settlement agreement in the Daniel Lowell Benson v. City of Eagan litigation. PUBLIC HEARINGS Variance — Thor and Paula Raarup City Administrator Osberg introduced the item noting the property consists of a vacant lot, 2.9 acres in size. The Council is being asked to consider approval of a 924 SF Variance to allow a 1,500 SF accessory structure at 3640 Elrene Road. City Planner Ridley gave a staff report and provided a site map. The applicant was present. Sean Doyle, builder representing the applicant, gave a brief summary of the request noting the accessory space could be attached to the house, however, the applicant believes it would be less attractive aesthetically and also more costly. Mayor Maguire opened the public hearing. The following residents shared their concerns regarding the size of the structure, driveway location, future use, and tree removal: Sharon Schewe, 3636 Windtree Drive, Susan Elwell, 3638 Windtree Drive, and Mary Jo Rudolph, 3637 Windtree Drive. There being no further public comment, he turned the discussion back to the Council. Staff and Mr. Doyle responded to their questions. City Council Meeting Minutes January 16, 2018 6 page Mayor Maguire moved the 2018 Calendar Year City Organizational Business to after Old Business. The Council took a 10 minute break. OLD BUSINESS Comprehensive Guide Plan Amendment—Justman Freight City Administrator Osberg introduced the item noting the Council at their November 6, 2017 meeting, directed staff to submit the request to the Metropolitan Council for their consideration of a Comprehensive Guide Plan Amendment from LD (Low Density) to IND (Limited Industrial) upon approximately 7.5 acres located southwest of Red Pine Lane and Highway 3. City Planner Ridley gave a staff report and provided a site map. Logan Tjossem, Widseth, Smith, Nolting (WSN), representing Mike Neisius, gave a presentation on the the business and spoke to why they are requesting a Comprehensive Guide Plan Amendment. He noted they are proposing a right-of-way vacation for Hall Street. Peter Schuler, AB Systems, representing Mike Neisius, provided additional information on the request. The Council discussed the right-of-way vacation request for Hall Street. Mayor Maguire opened the public comment. Doug Johnson, 4775 Dodd Road, expressed his support for the business, but had concerns regarding the location of the proposed building. The following residents stated their concerns regarding traffic, rezoning of property, noise, building location and industrial growth: Jeff Nietz, 651 Waterview Cove, Erik Gustafson, 4822 Dodd Road, Jacquelyn Duff, 4800 Dodd Road, Steve Hamilton, 4764 Dodd Road, Eugene Im, 4850 Dodd Road, Karen McKenna, 647 Waterview Cove, and Rick Fisher, 647 Waterview Cove, Larry Berhow, 704 Nauvoo Lane. There being no public comment, he turned the discussion back to the Council. Staff responded to their questions. Mr. Tjossem noted the applicant is willing to vacate the easement all the way to the west. Mr. Schuler noted they are willing to work with the neighbors to come to a mutual agreement. The Council discussed the right-of-way vacation request and the Comprehensive Guide Plan Amendment. After further discussion it was the consensus of the Council to table the item indefinitely to allow further conversations between the applicant and neighbors, and to explore other options for the proposed building site and move forward with a Planned Development. The Council also wanted to make sure the neighbors are notified of future meetings. Councilmember Hansen moved, Councilmember Bakken seconded a motion to table indefinitely the Comprehensive Guide Plan Amendment from LD (Low Density) to IND (Limited Industrial) upon 7.5 acres located southwest of Red Pine Lane and Highway 3. Aye: 5 Nay: 0 City Council Meeting Minutes January 16, 2018 7 page Ordinance Amendment —An Ordinance Amendment to City Code Chapter 5 Regarding Viking Lakes On -Sale Alcohol Licensing City Administrator Osberg introduced the item noting at the October 10, 2017 Special City Council meeting, the Council discussed policy questions associated with on -sale liquor at Viking Lakes and provided direction regarding regulations for Viking Lakes. The 2017 Special Legislative Session included a law that allows Eagan to issue on -sale alcohol licenses to the owner of Lots 1, Block 1, Viking Lakes, or to any concessionaire or other third -party vendor under contract with the owner. Osberg noted two types of on -sale liquor licenses can be issued at Viking Lakes: 1) Annual on -sale licenses, which are approved by Council, and 2) Short-term on -sale licenses, which are approved administratively for periods of up to 30 days. On -sale liquor license holders with an alcohol caterer's permit issued by the State must register with the City if the event has more than 500 attendees. The regulation within the ordinance amendment are specific to licenses issued for Viking Lakes and do not apply to alcohol licenses issued under other provisions of City Code. City Clerk Scipioni was available for questions. Representatives from Vikings Lakes were present. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve an ordinance amendment to City Code Chapter 5 regarding Viking Lakes On -Sale Liquor and direct publication of an ordinance amendment summary. Aye: 5 Nay: 0 2018 CALENDAR YEAR CITY ORGANIZATIONAL BUSINESS City Administrator Osberg noted that organizational business is considered at the second regular City Council meeting in January. The following items were acted on: Acting Mayor Mayor Maguire moved, Councilmember Bakken seconded a motion to appoint Councilmember Fields as Acting Mayor. Aye: 4 Nay: 0 (Fields abstained) Official Legal Newspaper Mayor Maguire moved, Councilmember Bakken seconded to approve retention of the Burnsville/Eagan Sun Thisweek Newspaper as the City of Eagan's official legal newspaper. Aye: 5 Nay: 0 City Depositories Councilmember Bakken moved, Councilmember Tilley moved to designate Anchor Bank and US Bank Trust as the City's depositories. Aye: 5 Nay: 0 City Council Meeting Minutes January 16, 2018 9 page 2018 Schedule of Special City Council Meetings, Workshops and First January 2019 Meeting JANUARY 9 MAY 22 (tentative) OCTOBER 9 JANUARY 23 (Council Retreat) JUNE 12 OCTOBER 23 (tentative) FEBRUARY 13 February 27 (tentative) MARCH 13 MARCH 27 (tentative) APRIL 10 APRIL 24 (tentative) MAY 8 JUNE 26 (tentative) JULY 10 JULY 24 (tentative) AUGUST 15 1 Wednesday AUGUST 28 (tentative) SEPTEMBER 11 SEPTEMBER 25 (tentative) iWednesday, August 15 due to Primary Elections NOVEMBER 13 NOVEMBER 27 (tentative) DECEMBER 11 No tentative meeting the week of Christmas JANUARY 8, 2019 JANUARY 22, 2019 (tentative) City Council Meeting Procedures Mayor Maguire moved, Councilmember Tilley seconded a motion to acknowledge Robert's Rules of Order as the means to conduct official business at all regular City Council meetings, and approve the guidelines for public participation in City Council meetings. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Bakken seconded a motion to ratify the Council's practice and policy that during election years, from the opening of the Council candidate filing period through the November election, the Visitors to be Heard segment of the meeting shall occur for a period of time not to exceed ten minutes and will not be televised. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Hansen seconded a motion to formally ratify the practice that at least two members of the City Council must make the request of the City Administrator to place an item on an upcoming City Council agenda. Aye: 5 Nay: 0 City Council Meeting Minutes January 16, 2018 11 page NEW BUSINESS There were no new business items to be heard. LEGISLATIVE/ INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA PUBLIC WORKS DIRECTOR Public Works Director Matthys noted the Public Works Committee meeting will be held in the lower conference room immediately after the Council meeting. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Bakken moved, Councilmember Tilley seconded a motion to adjourn the meeting at 9:48 p.m. Aye: 5 Nay: 0 5-41fS Date ik , Mayor City Clerk