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12/03/2019 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota DECEMBER 3, 2019 A 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 Tuesday, December 3, 2019 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, and Hansen. Councilmember Tilley was absent. Also present were City Administrator Osberg, Assistant City Administrator Miller, Public Works Director Matthys, Community Development Director Hutmacher, City Planner Schultz, Parks and Recreation Director Pimental, Communications and Engagement Director Ellickson, Finance Director Pepper, Assistant Finance Director Feldman, Fire Chief Scott, Police Sergeant Evans, City Attorney Bauer and Executive As! istant Stevenson. AGENDA Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye:4 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentation to be heard. CONSENT AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the consent agenda as amended: Aye: 4 Nay: 0 A. It was recommended to approve the November 12, 2019 Special City Council minutes, and November 19, 2019 regular City Council minutes as presented or modified. B. Personnel Items: 1. It was recommended to approve the hiring of Tina Soller, full-time Streets Maintenance Worker. 2. It was recommended to approve the hiring of Mary Duevel, full time Administrative Assistant, to work in the City Clerk's office. 3. It was recommended to approve the job description entitled Investigative Aide which will support the Police Department's Investigations Unit. 4. It was recommended to accept the resignation of Judy Mueller, Clerical Technician, recently hired to support the Utilities Division, and authorize replacement. 5. It was recommended to accept he resignation of Katie White, Administrative Assistant supporting the Fire Department and authorize replacement. 6. It was recommended to approve the 2020 budget requesting the approval of a 3% pay increase to the City's Compensation Plans for Full time and part time non union regular employees, non union part time recurring employees, non union seasonal and temporary employees, and interns as defined by City Policy. C. It was recommended to ratify the check registers dated November 15 and 22, 2019. City Council Meeting Minutes December 3, 2019 2 page D. It was recommended to approve the ordinary and customary contract with FRSecure LLC, Minnesota Valley Photography Club, Stonehaven Senior Living, Todd Hurst, and Church of St. Thomas Becket. E. It was recommended to schedule a public hearing for December 17, 2019 to consider fees and charges for 2020. F. It was recommended to approve the proposed 2020 Enterprise Fund budgets for Public Utilities (Water, Sanitary Sewer, Street Lighting, and Storm Drainage/Water Quality), Cascade Bay, Civic Arena, Community Center and Fiber Infrastructure (AccessEagan). G. It was recommended to approve the 2020 Special Revenue Funds Budgets: Housing Fund, DWI Forfeiture Fund, Minnesota Investment Fund (MIF), Revolving Loan Fund, Cable TV Franchise Fees Fund, ETV Fund, Tree Mitigation Fund and the Cedar Grove Parking Garage Fund. H. It was recommended to approve the 2020 Eagan Convention and Visitors Bureau Budget. I. It was recommended to approve the 2020 Vehicles, Equipment and Facilities Renewal & Replacement (R&R) Budget from the 2019-2023 Capital Improvement Plans (CIP's). J. It was recommended to award a construction contract for the remodel of Fire Station Four. K. It was recommended to award a contract for upgrade water service at Fire Station Four. L. Item was removed. M. It was recommended to approve a resolution designating 2020 precincts and polling places. N. It was recommended to approve revocation of the On -Sale Liquor and Sunday Liquor License issued to Erika Aranda doing business as Fiesta Cancun Mexican Grill and Bar, 4250 Lexington Ave South Suite 111. O. It was recommended to approve a resolution to accept donations from Wal-Mart and American Vets Post 10. P. It was recommended to approve Change Order No. 1 and the Final Payment for Contract 18-21 (Reservoir Rehabilitation) in the amcunt of $12,212.45 to Elevations Coatings Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. Q. It was recommended to approve the Final Payment for Contract 18-27 (Bur Oaks Pond — Additional Berm Improvements) in the amount of $1,222.07 to Meyer Contracting and accept the improvements for perpetual City maintenance subject to warranty provisions. R. It was recommended to receive the bids for Contract 19-29 (Water Quality and Storm Sewer Improvements) and award a contract to BKJ Land Company for the base bid in the amount of $186,297.00 and authorize the Mayor and City Clerk to execute all related documents. S. It was recommended to acknowledge the completion of Project 17-A (Tipperary Addition) and authorize perpetual City maintenance subject to warranty provisions. T. It was recommended to approve a Surveyor's Certificate of Plat Correction for Lot 4 and Lot 5, Sibley Terminal Industrial Park and authorize the Mayor and City Clerk to execute all related documents. U. Item was pulled for further discussion. V. It was recommended to approve the 2020 Community Waste Abatement Grant Agreement between Dakota Valley Recycling and Dakota County. W. It was recommended to approve a one (1) year extension of Preliminary Subdivision approval for Epic Real Estate Partners LLC to create two (2) lots upon approximately 6.8 acres located at 1276 Town Centre Drive. Per the request of resident Theresa Eisele, 4.!09 Braddock Trail, Mayor Maguire pulled Item U. — Authorize Amendment to JPA with Dakota County Transportation for Project 1339 Diffley Road (County 30)/ Braddock Trail, Diffley Road Pedestrian/Bicyclist Safety — for further discussion. Ms. Eisele addressed the Council. City Council Meeting Minutes December 3, 2019 3 page Councilmember Bakken moved, Councilmember Fields seconded a motion to Authorize an Amendment to the JPA with Dakota County Transportation for Project 1339 Diffley Road (County 30)/ Braddock Trail, Diffley Road Pedestrian/Bicyclist Safety. Aye: 4 Nay: 0 PUBLIC HEARINGS Variance — 829 Govern Circle (Michael Grimes) City Administrator Osberg introduced the item noting the applicant is proposing to construct a roof shelter over the front entry steps. The Council is being asked to consider a Variance of six (6) feet to the required 30 -foot front yard setback to construct a covered porch addition on the front of a single-family dwelling at 829 Govern Circle. City Planner Schultz gave a staff report and provided a site map. The applicant was present and available for questions. The Council discussed the variance request. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Variance of six (6) feet to the required 30 -foot front yard setback to construct a covered porch addition on the front of a single-family dwelling at 829 Govern Circle, subject to the following conditions: Aye: 4 Nay: 0 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. The addition shall comply with all other applicable Zoning Ordinance provisions. 3. A building permit must be obtained prior to construction. Proposed 2020 Budget and 2020 Property Tax Levy City Administrator Osberg introduced the item noting the State requires cities over 2,500 in population to hold a public hearing on their proposed budget and tax levy for next year. State law now allows the Council to approve the budget on the same night of the hearing if it so chooses. To communicate budget initiatives and service level impacts, community outreaches included social media postings with an emphasis on different elements of the budget and related City services. A link was provided to the City's website where comments and input could also be submitted. Osberg noted the proposed levy is lower than what was presented to the Council in September, as a result of the SAFER (Staffing for Adequate Fire & Emergency Response) grant that was awarded on September 18, 2019. Finance Director Pepper gave a presentation covering the topics that are required to be presented at the hearing under Truth -in -Taxation laws. Mayor Maguire opened the public hearing. Torbin Holm, 1138 Tiffany Point, addressed the Council noting his concerns regarding the increase in city taxes. There being no further public comment, Mayor Maguire turned the discussion back to the Council. City Council Meeting Minutes December 3, 2019 4 page Councilmember Hansen moved, Councilmember Fields seconded a motion to close the public hearing and approve the 2020 General Fund budgets of $42,822,100, and approve a resolution adopting the final 2020 general levy of $39,332,378. Aye: 4 Nay: 0 OLD BUSINESS There were no old business items to be heard. NEW BUSINESS Conditional Use Permits — Epic Real Estate Partners LLC City Administrator Osberg introduced the item noting before the Council is three actions for consideration upon the property located at 1276 Town Centre Drive; a Conditional Use Permit to allow outdoor patio dining, a Conditional Use Permit to allow a drive-through facility, and a Conditional Use Permit to allow on -sale liquor. City Planner Schultz gave a staff report and provided a site map. Brian McCool, Frederickson & Byron, was available for questions. Mayor Maguire opened the public comment. There being no public comment he turned this discussion back to the Council. The Council discussed the Conditional Use Permit requests. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to allow outdoor patio dining upon property located at 1276 Town Centre Drive, subject to the following conditions: Aye: 4 Nay: 0 1. This Conditional Use Permit shall be recorded with the Dakota County Recorder's office within 60 days of approval by the City Council, with the following exhibits: • Site Plan • Patio Plan 2. The outdoor dining patio shall provide outdoor seating of not more than 24 seats as shown on the Patio Plan. 3. A detailed Fence Plan that meets City Coe requirements shall be submitted with the Building Permit. 4. The outdoor dining area shall be kept in a clean and orderly manner. No food or beverages shall be stored outdoors, unless a suitable means for such storage has been reviewed and approved by the City. 5. The property shall be platted to create Lot 1, Block 1 Town Centre 70 Twenty Third Addition and the plat recorded prior to the issuance of the CUP. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to allow a drive-through facility upon property located at 1276 Town Centre Drive, subject to the following conditions: Aye: 4 Nay: 0 City Council Meeting Minutes December 3, 2019 5 page 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The property shall be platted to create Lot 1, Block 1 Town Centre 70 Twenty Third Addition and the plat recorded prior to the issuance of the CUP. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to allow on -sale liquor upon property located at 1276 Town Centre Drive, subject to the following 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, and proof of recording submitted to the City. 2. A liquor license shall be obtained from the City for the restaurant. On -sale liquor sales also shall comply and be operated in accordance with all relevant state laws and regulations. 3. A detailed Fence Plan that meets City Code requirements and state laws and regulations shall be submitted with the Building Permit. 4. The property shall be platted to create Lot 1, Block 1 Town Centre 70 Twenty Third Addition and the plat recorded prior to the issuance of the CUP. Conditional Use Permit — Lexington Logistics Center City Administrator Osberg introduced the item noting the action to be considered is a Conditional Use Permit to allow outdoor storage of 43 semi-trucks/trailers for property located at 3130 Lexington Avenue South. City Planner Schultz gave a staff report and provided a site map. Jeremy Thomas, RJ Ryan Construction, Inc., was available for questions. The Council discussed the Conditional Use Permit request. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmerriber Fields seconded a motion to approve a Conditional Use Permit to allow outdoor storage of 43 semi-trucks/trailers for the property located at 3130 Lexington Avenue South, subject to the following conditions: Aye: 4 Nay: 0 1. This Conditional Use Permit shall be recorded with the Dakota County Recorder's office within 60 days of approval by the City Council, with the following exhibits: • Site Plan dated November 7, 2019 • Landscape Plan dated November 8, 2019 2. Outdoor storage shall be conducted consistent with the items, quantities and areas shown on the approved Site Plan 3. The property shall be re -platted prior to issuance of a Building Permit. 4. Dedication of additional right -or -way for Lexington Avenue, the proposed access drive and the right turn lane along Lexington Avenue (County roadway) into the site are subject to the review and approval of the Dakota County Plat Commission. City Council Meeting Minutes December 3, 2019 6 page 5. In accordance with City Code, a landscape financial guarantee escrow of $7,500 shall be provided prior to the release of the CUP for recording. 6. Future development is subject to conditions of the City of Eagan Tree Preservation Ordinance (City Code Chapter 11, Section 11.70, Subd. 13) and must be satisfied prior to plan approval. Issuance of a conditional use permit does not imply an exemption from future tree preservation requirements. 7. The following information is required to be submitted at the time of Building Permit: Tree Inventory and Tree Preservation plans, Tree Mitigation plan, Landscape plan and overall Planting plan. 8. Landscape areas shall be properly maintained per City Code standards. 9. Prior to issuance of a certificate of occupancy, the applicant shall verify that any gates have KNOX padlocks or switches for public safety access acceptable to the Fire Marshall. 10. The new building shall comply with City Code standards for architectural design and exterior finish materials, to be demonstrated at the time of Building Permit. 11. All mechanical equipment and means of screening should be shown on the plans at the time of Building Permit. 12. All signage shall comply with City Sign Code standards. A Sign Permit shall be obtained prior to installation of any signs. 13. Prior to issuance of a Building Permit, a Final Site Lighting Plan shall be prepared providing 0.5 footcandles throughout all parking areas, and to include the existing lighting and extent of the outdoor storage areas. 14. All parking and storage areas shall be properly maintained to prevent deterioration in a manner acceptable to the City Engineer. 15. A revised site plan shall be submitted prior to recording of the CUP addressing the final location of the six (6) foot screen fence intended to screen and secure the outdoor storage area. 16. Prior to issuance of a building permit for any future plan of site redevelopment, this development shall fully meet the City's Land Disturbance Stormwater Pollution Prevention and Post -Construction Stormwater Management Requirements (City Code §4.34) or stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control of effective retention of the site's new fully -reconstructed impervious surface area (including effective soil remediation for all of the site's disturbed soils that are to be revegetated). 17. Prior to issuance of a building permit for any future plan of site development, the Property Owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the annual inspection and maintenance required to occur to ensure proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. 18. All utility and grading plans shall be reviewed at the time of building permit for full compliance with city standards. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA There were no administrative agenda items to be heard. City Council Meeting Minutes December 3, 2019 7 page There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Hansen moved, Councilmember Bakken seconded a motion to adjourn the meeting at 7:33 p.m. Aye: 4 Nay: 0 Q-0-19 Date AnP42-- Mayor