09/01/2020 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
SEPTEMBER 1, 2020
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 joined by phone.
At 6:10 p.m. a Closed Session was called.
Prior to closing the meeting, City Administrator Osberg announced the City is a defendant in a lawsuit
captioned Ebert Inc. dba Ebert Construction v. the City of Eagan, which was served on the City on August
19, 2020. City Attorney Robert Bauer and legal counsel appointed by the LMCIT to represent the City in
the litigation, Justin Templin of Hoff Barry PA, have asked to meet with the City Council in closed session
to engage in an attorney-client privileged discussion of litigation strategy and the City's response to the
claim. In order to have a candid discussion regarding those matters, including any possibilities of
resolution of the claim, absolute confidentiality is required. Such a closure of the meeting to the public is
authorized by Minn. Stat. § 13D.05, subd. 3(b).
At 6:25 p.m. the Closed Session ended.
A regular meeting of the Eagan City Council was held on Tuesday, September 1, 2020 at 6:30 p.m..
Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present City
Administrator Osberg, Assistant City Administrator Miller, Parks and Recreation Director Pimental,
Communications and Engagement Director Ellickson, Community Development Director Hutmacher, City
Planner Schultz, Public Works Director Matthys, Deputy Chief Fineran, Fire Chief Scott, and City Attorney
Dougherty.
AGENDA
Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the agenda as
presented. Aye: 5 Nay: 0 (Roll Call)
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 presented: Aye: 5 Nay: 0 (Roll Call)
A. It was recommended to approve the August 12, 2020 Special City Council minutes, and the
August 18, 2020 City Council minutes, as presented or modified.
B. Personnel Items:
1. It was recommended to approve the hiring of the following seasonal, non -benefit eligible
positions as Fitness Instructor, Forestry Technician, Guest Services Representative,
Landscape Crew Laborer, and Splash Pad Attendant.
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September 1, 2020
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2. It was recommended to accept the resignation/retirement of Duane Pike, Police Lieutenant
and authorize his replacement.
3. It was recommended to approve the promotions of John Collins, and Dan Tocko from Police
Sergeant to Police Lieutenant.
4. It was recommended to approve the promotions of Jacob Peterson, Chris Roche, and Brian
Boekhoff from Police Officer to Police Sergeant.
5. It was recommended to approve the hiring of Chad Klucas, Street Maintenance Worker for
the Public Works Department.
C. It was recommended to ratify the check registers dated August 14 and August 21, 2020.
D. It was recommended to approve the ordinary and customary contract with Viva Knievel.
E. It was recommended to approve the first amendment to the telecommunication lease
agreement wit Verizon, for upgrades on the Southern Lakes Reservoir site and authorize the
Mayor and City Clerk to execute all related documents.
F. It was recommended to approve amendment to the 2010 Black Dog Watershed Management
Organization Joint Powers Agreement and authorize the Mayor and City Clerk to execute all
related documents, subject to the City Attorney's final review and approval.
G. It was recommended to receive the bids for Contract -20-05 (Cedar Grove-Parkway/Rahn Road
Landscape Monuments Rehabilitation) and award a contract to Blackstone Contractors LLC for
the base bid in the amount of $97,564.00 and authorize the Mayor and City Clerk to execute all
related documents.
H. It was recommended to approve a one-year extension of preliminary Subdivision approval for
Justman Freight to create two (2) lots upon approximately 4.5 acres located at 4855 South
Robert Trail and 660 Red Pine Lane.
I. It was recommended to approve a Final Planned Development to allow a 4 -story, 162 -unit
apartment building upon approximately 2.8 acres located at 3340 Pilot Knob Road.
J. It was recommended to approve a one-year extension of Variance approval allowing
construction of a three -season porch upon property located at 2241 Wall Street.
K. It was recommended to approve a proposal by Greiner Construction for garage and elevator
modifications.
L. It was recommended to approve the following items to be claimed as CARES grant expenditures
in the August monthly report to the State, in the estimated amount shown:
o Firefighters payroll (non -SAFER), mid-March to end of August
$ 918,500
o Administrative leave — staff unable to work 3/ 17 to 3/ 31
367,500
o Unemployment claims paid through end of August
88,400
o Office furniture to accommodate social distancing
46,100
o Laptops to accommodate staff working from home
33,800
o Electric letter opener for absentee ballot processing
4,600
o Legal fees for COVID- related issues
21400
Total: $ 1,461,300
PUBLIC HEARINGS
Certification of Delinquent Utilities
City Administrator Osberg introduced the item noting at the August 3, 2020 City Council meeting, a
public hearing was scheduled for the September 1, 2020 City Council meeting. The City currently has
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September 1, 2020
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approximately 878 utility bill accounts with delinquent balances. The assessable amount of these
accounts is 255,151.18.
Mayor Maguire opened the public hearing. There being no public comment, he 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 utility bills and authorize its certification to Dakota
County for collection with property taxes. Aye: 5 Nay: 0 (Roll Call)
Certify Delinquent Nuisance Abatement Bills
City Administrator Osberg introduced the item noting at the August 3, 2020 City Council meeting, a
public hearing was scheduled for the September 1, 2020 City Council meeting. The City has 20
properties with delinquent false alarm invoices. The assessable amount of the delinquent invoices is
3,700.00
Mayor Maguire opened the public hearing: There being no public comment, he 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 abatements and authorize its certification
to Dakota County. Aye: 5 Nay: 0 (Roll Call)
OLD BUSINESS
Approve Ordinance Amendments to Chapter 4 and Chapter 11 Relative to Statutory Compliance
with Lower Minnesota River Watershed District Rules
City Administrator Osberg introduced the item noting at the June 16, 2020 City Council meeting, Council
authorized the City Attorney to prepare ordinance amendments to Chapters 4, Section 4.34
(Stormwater management regulations), and Chapter 11, Sections 11.65 (Shoreland Overlay
District) and 11.66 (Floodplain Overlay Districts).
City Planner Schultz gave a staff report.
Mayor Maguire open the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an Ordinance
Amendment to Chapter 4, Section 4.34 (Stormwater management regulations) relative to Statutory
compliance with Lower Minnesota River Watershed District Rules. Aye: 5 Nay: 0 (Roll Call)
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an Ordinance
Amendment to Chapter 11, Sections 11.65 (Shoreland Overlay District) and 11.66 ( Floodplain Overlay
Districts) relative to Statutory compliance with Lower Minnesota River Watershed District Rules. Ayer 5
Nay: 0 (Roll Call)
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NEW BUSINESS
Conditional Use Permit — Max Steininger, Inc. / Greg Steininger — A Conditional Use Permit
To Modify Existing Outdoor Storage Area Located at 3089 Neil Armstrong Boulevard
City Administrator Osberg introduced the item noting this is a 7.5 -acre parcel zoned 1-1, Limited
Industrial. The action before the Council is a Conditional Use Permit to allow modification to the outdoor
storage of contractor's equipment upon property located at 3089 Neil Armstrong Boulevard.
City Planner Schultz gave a staff report and provided a site map.
The applicant was available for questions.
Mayor Maguire open the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve (or direct
preparation of Findings of Fact for Denial) a Conditional Use Permit to allow modification to the outdoor
storage of contractor' s equipment upon property located at 3089 Neil Armstrong Boulevard, subject to
the following conditions: Aye: 5 Nay: 0 (Roll Call)
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the
City Council and proof of its recording provided to the City.
2. To the extent of any inconsistency between the items listed for storage in this CUP; or the prior 2016
CUP, the terms of this, the 2020 CUP, shall control.
3. The location and items to be stored shall be consistent with the Site Plan received July 15, 2020, as
revised.
4. The Site Plan shall be revised as necessary to ensure the proposed items as listed in the narrative
match the Site Plan key and will fit on the site as proposed.
5. The applicant shall plant the 14 Black Hills Spruce and Honeysuckles per the Landscape Plan dated
April 20, 2016 no later than October 1, 2020, as revised and approved by Community Development
staff in regards to the Honeysuckles.
6. The owner shall install and maintain effective perimeter control along the downstream perimeter
from all on-site aggregate stockpiles with high levels of silts and clays that may easily be eroded and
transported to adjacent properties and nearby waterbodies.
7. The owner shall install and maintain effective catch -basin inlet protection, using appropriate rigid
frame catch -basin inserts, in all catch -basins immediately downstream of the crushed concrete
stockpile and any other on-site stockpiles.
8. The applicant shall be responsible for installing and maintaining erosion control measures in
accordance with City engineering standards. The development is also subject to the City's codified
land disturbance and erosion control regulations.
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9. The existing recycled asphalt aggregate surface used for the driveway/storage/work areas will be
subject to continued periodic review by City staff for adequacy of the material to control dust and
drainage. If the material is determined to be inadequate, the City will require that it be replaced
with bituminous asphalt
10. All parking and storage areas shall be properly maintained to prevent deterioration.
11. The site shall be subject to periodic review by City staff for adequacy of the material for
containment and drainage. The first review will occur two (2) years following approval of this
permit. If determined to be inadequate, the City will require concrete curb and gutter to be
installed.
12. The applicant shall provide gate access to the Fire Department by October 1, 2020.
Planned Development Amendment — Brianno's Deli and The Royal Cliff Event Center/George
Maverick, Ashford R.C. — A Planned Development Amendment to add 5000 sq. ft. of Green Space and
Outdoor Garden and a 40 ft. pylon sign located at 2280 Cliff Road
City Administrator Osberg introduced the item noting before the Council are two items for
consideration, the first is a Planned Development Amendment to allow a 40 -foot tall, 110 square foot
pylon sign with a dynamic display and the second item is a Planned Development Amendment to allow
an outdoor event space, upon property located at 2280 Cliff Road.
City Planner Schultz gave a staff report and provided a site map.
Owner and applicant George Maverick, 2280 Cliff Road, gave a presentation providing an overview of
the proposed outdoor space and pylon sign.
Mayor Maguire opened the public comment.
The following residents addressed the Council noting their concerns and opposition to the proposed
pylon sign and/or outdoor event space: Norma Hustedde, 4628 Westwood Lane, Linda Moilan, 1887
Silver Bell Road, Sandy Bro, 4624 Westwood Lane, Judy Jones, 2271 Woodhill Court, Bill Hustedde, 4628
Westwood Lane, Kristine Keller, 2267 Woodhill Court, Bryce Miller, 2259 Woodhill Court, and Jim
Nelson, 4620 Westwood Lane.
Staff responded to their concerns regarding noise, security and the sound wall.
There being no more comment, Mayor Maguire turned the discussion back to the Council.
The Council discussed the Planned Development Amendments. After further discussion, Mayor Maguire
noted concern regarding the lack of design and details the proposed pylon sign provided.
Councilmembers Hansen, Fields, Tilley and Bakken noted concerns regarding the pylon signage, light
pollution and the precedent it will set for the area.
Mr. Maverick asked to withdraw the request for the pylon sign. The Council accepted the withdrawal of
the Planned Development Amendment for the pylon sign.
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Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Planned
Development Amendment to allow an outdoor event space, upon property located at 2280 Cliff Road,
subject to the following conditions: Aye: 5 Nay: 0 (Roll Call)
1. An Amendment to the Planned Development Agreement shall be executed, in a form
acceptable to the City Attorney, and recorded against the property within 90 days of City
Council approval. The Agreement shall include the following exhibits:
• Site Plan
2. A Building Permit shall be obtained for the outdoor event space renovations including the
8 -foot and 12 -foot walls, which walls shall have the same design and finish on exterior and interior
sides.
3. All erosion/ sediment control plans submitted for development and grading permits shall
be prepared by a designer who has received current Minnesota Department of Transportation
(MNDOT) training, or approved equal training as determined by the City Engineer in designing
stormwater pollution prevention plans. Also, all personnel responsible for the installation of
erosion/ sediment control devices, and the establishment of vegetation for the development, shall
have received Erosion/ Sediment Control Inspector/ Installer certification through the University of
Minnesota, or approved equal training as determined by the City Engineer.
4. This development shall comply with Eagan' s Land Disturbance Stormwater Pollution Prevention
Requirements.
5. The applicant shall enter into an encroachment agreement to allow noise wall in an easement, in a
form acceptable to the City Attorney.
6. The performance standards for outdoor dining areas shall be met (except for additional parking).
7. The Applicant shall provide a Photometric Plan at time of Building Permit.
8. There shall be no amplified sound used in the garden other than low volume ceremony music.
Comprehensive Guide Plan Amendment — Lofts at Talon Trail / Chris Stokka, MWF Properties —
A Comprehensive Guide Plan Amendment from Retail Commercial (RC) to High Density Residential
(HD) located on Lot 2, Block 1, Blackhawk Plaza
City Administrator Osberg introduced the item noting the applicant is requesting a change in the land
use designation from RC (Retail Commercial) to HD (High Density) for approximately 1.4 acres. The
official action for consideration is to direct staff to submit to the Metropolitan Council a Comprehensive
Guide Plan Amendment to change the land use designation from RC (Retail Commercial) to HD (High
Density) upon approximately 1.4 acres.
City Planner Schultz gave a staff report and provided a site map.
Chris Stokka, MWF Properties, gave a presentation providing an overview of the proposed development
and was available for questions.
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Mayor Maguire open the public comment.
The following residents addressed the Council noting their concerns and opposition to the proposed
development: Diana Marcus, 2211 White Water Way, Max Kantor, 1748 Talon Trail, Steve Ruta, 1752
Talon Trail, Noreen Ruta, 1752 Talon Trail, presented a petition to the Council, Merabi Pruidze, 1732
Talon Trail, and Bill Wiebke, 4120 Raptor Road.
Mr. Stokka responded to their concerns.
There being no more comment, Mayor Maguire turned the discussion back to the Council.
The Council discussed the request. The majority of the Council were not supportive of the proposed
land use change due to concerns that the proposed use and residential density was not compatible with
surrounding land uses.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to direct staff to prepare
Findings of Fact for Denial of submitting to the Metropolitan Council a Comprehensive Guide Plan
Amendment to change the land use designation from RC (Retail Commercial) to HD (High Density) upon
approximately 1.4 acres generally located north of Diffley Road and west of 1-35E. Aye: 5 Nay: 0 (Roll
Call) .
Certification of Preliminary 2021 General Fund Budget and Property Tax Levy,
And Setting of Public Meeting Date on which the Budget and Levy will be Discussed
City Administrator Osberg introduced the item noting the Council reviewed the 2021 General Fund
budget at the August 12, 2020 Council workshop. The 2021 General Fund budget presented at the
workshop represents a 4.1% or a $1,776,500 increase over 2020.
Finance Director Pepper 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 (Roll Call)
Operating
341940,500
Capital
41512,824
Abatement
15,500
Debt service
1,979,574
Total levy
$41,448,398
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the preliminary
2020 General Fund budget, including contingency, of $44,598,600. Aye: 5 Nay: 0 (Roll Call)
Councilmember Bakken moved, Councilmember Fields seconded a motion to set the date for the Public
Hearing of the Payable 2021 levy and budget as Tuesday, December 1, 2020. Aye: 5 Nay: 0 (Roll Call)
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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 1, 2020 at 6:30 p.m., here in the Council Chambers. The
public will be allowed to speak at this meeting." Aye: 5 Nay: 0 (Roll Call)
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
ADMINISTRATIVE AGENDA
CITY COUNCIL
Councilmember Bakken announced for the next two weeks to approximately September 23, he will be in
a remote location doing research and will not have cell phone or internet access. If constituents are
trying to get a hold of him, he will not be available until after September 23.
VISITORS TO BE HEARD
Brenda (Radichel) Quaye approached City Council regarding a potential restaurant tenant as part of the
approved Venstar Planned Development. Discussion pursued regarding the process. City Council and
the City Attorney directed Ms. Quaye to submit a formal application that can be considered by City
Council at the soonest available Council meeting.
ADJOURNMENT
Councilmember Fields moved, Councilmember Hansen seconded a motion to adjourn the meeting at
9:30 p.m. Aye: 5 Nay: 0 (Roll Call)
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Date
Mayor