09/03/2019 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
SEPTEMBER 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, Hansen and Tilley.
A regular meeting of the Eagan City Council was held on Tuesday, September 3, 2019 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, Public Works
Director Matthys, Community Development Director Hutmacher, City Planner Schultz, Assistant Finance
Director Feldman, Parks and Recreation Director Pimental, Communications and Engagement Director
Ellickson, Police Chief New, City Attorney Dougherty and Executive Assistant Stevenson.
AGENDA
Councilmember Hansen moved, Councilmember Felds seconded a motion to approve the agenda as
presented. Aye:5 Nay:0
RECOGNITIONS AND PRESENTATION
There were no recognitions and presentations to be heard.
CONSENT AGENDA
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the consent
agenda as amended: Aye: 5 Nay: 0
A. It was recommended to approve the August 13, 2019 Special City Council minutes, and August
20, 2019 regular City Council minutes, as presented or modified.
B. Personnel Items:
1. It was recommended to acknowledge the resignation of Police Officer Jacob Juelfs and
authorize replacement.
2. It was recommended to acknowledge the resignation of Police Officer Zachary Boesel and
authorize replacement.
3. It was recommended to acknowledge the resignation of Eric Froelich, Utility Maintenance
Worker and authorize replacement.
C. It was recommended to ratify the check registers dated August 16 and 23, 2019.
D. It was recommended to approve the ordinary and customary contracts with Minnesota Media
Arts and Eagan Hockey Association.
E. It was recommended to approve a resolution to accept a donation from Bertram and Wilma
Hudson.
F. It was recommended to approve a temporary on -sale liquor license and waive the license fee for
World Encounter on September 28, 2019 at 3795 Pilot Knob Road.
G. It was recommended to approve a temporary on -sale liquor license and waive the license fee for
Saints Martha and Mary Episcopal Church on September 14, 2019 at 4180 Lexington Avenue
South.
City Council Meeting Minutes
September 3, 2019
2 page
H. It was recommended to declare miscellaneous ETV equipment to be surplus.
I. It was recommended to approve an On -Sale Liquor and Sunday License for Brinker Restaurant
Corporation doing business as Chili's Grill & Bar, located at 3625 Pilot Knob Road.
J. It was recommended to approve an Off -Sale Liquor License for Costco Wholesale Corporation
doing business as Costco Wholesale #1363, 995 Blue Gentian Road.
K. It was recommended to cancel the September 10, 2019 Special City Council meeting.
L. It was recommended to approve the final payment for Contract 19-0192019 Street
Revitalization) in the amount of $148,629.56 to McNamara Contracting, Inc. and accept the
improvements for perpetual City maintenance subject to warranty provisions.
M. It was recommended to receive the bid quotes and award Contract 19-30 (Blackhawk Lake (BP -
1), Thomas Lake (BP -7) and Holz Lake (LP -28) —Alum Applications) to HAB Aquatic Solutions, LLC,
for an amount not to exceed $169,377.00, and authorize the Mayor and City Clerk to execute all
related documents.
N. It was recommended to receive the bid quotes and award Contract 19-31 (Heine Pond and
Carlson Lake —Alum Applications) to HAB Aquatic Solutions, LLC, for an amount not to exceed
$170,796.00, and authorize the Mayor and City Clerk to execute all related documents.
0. It was recommended to receive the bid quotes and award Contract 19-32 (Ponds GP -1.2,1P-5,
LP -41, LP -44 and LP -53 —Alum Applications) to HAB Aquatic Solutions, LLC, for an amount not to
exceed $173,200.00, and authorize the Mayor and City Clerk to execute all related documents.
P. It was recommended to receive the Final Assessment Report for Project 1308 (Poppler Lane —
Street Improvements) and schedule a public hearing to be held on October 1, 2019.
Q. It was recommended to receive the Final Assessment Report for Project 1313 (Old Sibley
Highway—Street Improvements) and schedule a public hearing to be held on October 1, 2019.
R. It was recommended to receive the Final Assessment Report for Project 1317 (Gardenwood
Ponds 4th —Street Improvements) and schedule a public hearing to be held on October 1, 2019.
S. It was recommended to receive the Final Assessment Report for Project 1318 (Oak Pond 11t &
2nd—Street Improvements) and schedule a public hearing to be held on October 1, 2019.
T. It was recommended to receive the Final Assessment Report for Project 1319 (Majestic Oaks 11
— 3rd — Street Improvements) and schedule a public hearing to be held on October 1, 2019.
U. It was recommended to receive the Final Assessment Report for Project 1320 (Southern Lakes
West — Street Improvements) and schedule a public hearing to be held on October 1, 2019.
V. It was recommended to approve a resolution amending the Public Works Department's 5 -Year
Capital Improvement plan (2020-2024) to include roadway slope stabilization improvements for
a segment of Deerwood Drive (Project 1283).
W. Item was pulled for further discussion.
X. It was recommended to accept a proposal for a noise study of development property south of
Red Pine Lane.
Y. It was recommended to approve a one-year extension of Preliminary Subdivision approval for
Justman Freight to create two lots upon approximately 4.5 acres located at 4855 South Robert
Trail and 660 Red Pine Lane.
Z. It was recommended to approve the amended Housing Improvement Area Policy, Application,
Process, and Housing Improvement Area Standards.
AA. It was recommended to authorize a variance to the Construction Activity Noise Regulations to
extend construction activity to 5:00 a.m. to 7:00 a.m., from September 17 through September
21, 2019, to McNamara Contracting, Inc. for the roadway mill and overlay improvements to Pilot
Knob Road (CSAH 31), from Central Parkway to Highway 13 (Mendota Heights) and Lone Oak
Road (CSAH 26), from Pilot Knob Road to Highways 55/149.
City Council Meeting Minutes
September 3, 2019
3 page
Mayor Maguire pulled Item W. - Approve correspondence to the MSP Noise Oversight Committee with a
request to the FAA to make changes to current runway use at MSP Airport for further discussion.
Assistant City Administrator Miller provided additional information on the item. Four residents spoke in
favor of the letter.
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve correspondence
to the MSP Noise Oversight Committee with a request to the FAA to make changes to current runway
use at MSP Airport. Aye: 5 Nay: 0
PUBLIC HEARINGS
Certification of Delinquent Utilities
City Administrator Osberg introduced the item noting at the August 5, 2019 City Council meeting, a
public hearing was scheduled for the September 3, 2019 City Council meeting. The City currently has
approximately 872 utility bill accounts with delinquent balances. The assessable amount of these
accounts is $262,616.36.
Mayor Maguire opened the public hearing. There being no comment, Mayor Maguire turned the
discussion back to the Council.
Councilmember Tilley moved, Councilmember Hansen 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
Certify Delinquent Nuisance Abatement Bills
City Administrator Osberg introduced the item noting at the August 5, 2019 City Council meeting, a
public hearing was scheduled for the September 3, 2019 City Council meeting. The City has eight
properties with delinquent false alarm invoices, and seven properties with delinquent mowing bills.
Osberg noted the assessable amount of the delinquent invoices is $5,072.50.
Mayor Maguire opened the public hearing. There being no comment, Mayor Maguire turned the
discussion back to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing
and approve the final assessment roll for delinquent nuisance abatement bills and authorize its
certification to Dakota County. Aye: 5 Nay: 0
OLD BUSINESS
There were no old business items to be heard.
City Council Meeting Minutes
September 3, 2019
4 page
NEW BUSINESS
Certification of the Preliminary 2020 General Fund Budget and Property Tax Levy,
and Setting of Pubic Meeting Date on which the Budget and Levy will be Discussed
City Administrator Osberg introduced the item noting the Council reviewed the 2020 and 2021 General
Fund budget at the August 13, 2019 Council workshop. The 2020 budget presented at the workshop was
a 10.0% increase over 2019.
Assistant Finance Director Feldman was available for questions.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the preliminary
payable 2020 property tax level as follows: Aye: 5 Nay: 0
Operating
33,412,600
Capital
4,242,139
Abatement
15,000
Debt service
872,039
Community Center debt service
1,119,300
(market value -based)
Total levy $39,661,078
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the preliminary
2020 General Fund budget, including contingency, of $41,755,700. Aye: 5 Nay: 0
Councilmember Bakken moved, Councilmember Fields seconded a motion to set the date for the Public
Hearing of the Payable 2020 levy and budget as Tuesday, December 3, 2019. Aye: 5 Nay: 0
Councilmember Bakken moved, Councilmember Fields seconded a motion to make the following
announcement "The next regularly scheduled meeting at which the levy and budget will be discussed is
the City Council meeting of Tuesday, December 3, 2019 at 6:30 p.m., here in the Council Chambers. The
public will be allowed to speak at this meeting." Aye: 5 Nay: 0
Planned Development Amendment — MSP Commercial
City Administrator Osberg introduced the item noting the action to be considered is a modification of
building signage for property at 1215 Town Centre Drive and reestablish a shared off-site pylon sign on
property located at 1235 Town Center Drive. Osberg noted the Advisory Planning Commission held a
public hearing on September 27, 2019 and recommended approval.
City Planner Schultz gave a staff report and provided a site map.
Steve Miller, MSP Commercial, was available for questions.
The Council discussed the Planned Development Amendment.
City Council Meeting Minutes
September 3, 2019
5 page
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a modification of
building signage for property at 1215 Town Centre Drive and reestablish a shared off-site pylon sign on
property located at 1235 Town Centre Drive, subject to the following conditions: Aye: 5 Nay: 0
1. A Planned Development Agreement shall be executed and recorded against the property at the
Dakota County Recorder's office. The PD Amendment Agreement shall contain the following
plans:
• Site Plan
Building Elevations
Signage Plan
2. A Signed permit Shall be obtained prior to installation of any signs.
A cross -easement for shared use of the pylon sign shall be provided in a form acceptable to the
City Attorney.
LEGISLATIVE/ INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
ADMINISTRATIVE AGENDA
There were no administrative agenda items to be heard.
There were no visitors to be heard.
VISITORS TO BE HEARD
ADJOURNMENT
Councilmember Hansen moved, Councilmember Tilley seconded a motion to adjourn the meeting at
7:15 p.m. Aye: 5 Nay: 0
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City Clerk