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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. City Council Meeting Minutes September 1, 2020 2 page 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 City Council Meeting Minutes September 1, 2020 3 page 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) City Council Meeting Minutes September 1, 2020 4 page 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. City Council Meeting Minutes September 1, 2020 5 page 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. City Council Meeting Minutes September 1, 2020 6 page 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. City Council Meeting Minutes September 1, 2020. 7 page 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) City Council Meeting Minutes September 1, 2020 8 page 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) _q..16- 02b -g -*N Date Mayor