12/01/2020 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
DECEMBER 1, 2020
No Listening Session was held.
Due to the COVID-19 pandemic, the regular Eagan City Council meeting was held virtually on Tuesday,
December 11 2020 at 6:30 p.m. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen,
and Tilley. Also present was City Administrator Osberg, Assistant City Administrator Miller, City
Clerk/Admin Services Coordinator Scipioni, Finance Director Pepper, Assistant Finance Director Feldman,
Public Works Director Matthys, Community Development Director Hutmacher, City Planner Schultz,
Communications and Engagement Director Ellickson, Parks and Recreation Director Pimental, and City
Attorney Dougherty.
AGENDA
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as
presented. Aye: 5 Nay: 0 (Roll Call)
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 November 10 and November 13, 2020 Special City Council
minutes, as presented, or modified.
B. Personnel Items:
1. It was recommended to approve the hiring of seasonal, non -benefit eligible employees as
Adult Hockey Referees, Building Attendant III, Part-time Custodian, Utility GIS Worker, and
Rink Attendants.
2. It was recommended to accept the resignation/retirement of Mark Ryan, Police Officer and
authorize the recruitment and replacement of this position.
3. It was recommended to accept the resignation/retirement of Hugh Currey, Police Officer
and authorize the recruitment and replacement of this position.
4. It was recommended to approve the hiring of Angela Casey, Police Officer.
5. It was recommended to approve the hiring of Jerrod Fort, Police Officer.
6. It was recommended to approve the hiring of Adam Heitz, Police Officer.
C. It was recommended to ratify the check registers dated November 13 and November 20, 2020.
D. It was recommended to approve the ordinary and customary contracts with LogMein USA, Inc.
E. It was recommended to approve Change Order #23 for Project 18-06, Police Department and
City Hall Renovation.
F. It was recommended to cancel the December 8, 2020 Special City Council meeting.
G. It was recommended to schedule a public hearing for December 15, 2020 to consider fees and
charges for 2021.
H. It was recommended to approve 2021 Vehicles, Equipment and Facilities Renewal &
Replacement (R&R) budget from the 2021-2025 Capital Improvement Plans (CIPs).
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I. It was recommended to approve the proposed 2021 Enterprise Fund budgets for Public Utilities
(Water, Sanitary Sewer, Street Lighting, and Storm Drainage/Water Quality), Cascade Bay, Civic
Arena, and Community Center.
J. It was recommended to approve 2121 Special Revenue Funds Budgets: Tree Mitigation Fund,
Housing Fund, DWI Forfeiture Fund, Cedar Grove Parking Garage Fund, Minnesota Investment
Fund (MIF) Revolving Loan Fund, Cable TV Franchise Fees Fund and ETV Fund.
K. It was recommended to approve an agreement to assist in the Organized Crime Drug
Enforcement Task Force investigations, strategic initiatives and prosecutions.
L. It was recommended to approve the final payment for Contract 20-03 (2020 Trail and Parking
Lot Improvements) in the amount of $28, 146.77 to Bituminous Roadways, Inc. and accept the
improvements for perpetual City maintenance subject to warranty provisions.
M. It was recommended to approve Change Order No. 1 for Contract 20-05 (Cedar Grove
Parking/Rahn Road — Landscape monuments Rehabilitation) and authorize the Mayor and City
Clerk to execute all related documents.
N. It was recommended to approve the final payment for Contract 20-11 (2020 Well Rehabilitation
Improvements) in the amount of $34,355.00 to Keys Well Drilling, Inc. and accept the
improvements for perpetual City maintenance subject to warranty provisions.
O. It was recommended to approve a resolution amending the Public Works Department's 5 -Year
Capital Improvement Plan (CIP) (2021-2025) to revise the Water Facilities and Operations
Improvements section to include fire hydrant improvements in the Eagandale Center industrial
Park neighborhood in 2021.
P. It was recommended to receive the petition to vacate portions of public easements on Lot 1,
Block 1, Bell Lexington Addition and schedule a public hearing to be held on January 5, 2021.
Q. It was recommended to approve the third amendment to the telecommunication lease
agreement with T -Mobile, for upgrades on the Deerwood Reservoir site and authorize the
Mayor and City Clerk to execute all related documents.
R. It was recommended to approve a resolution to authorize a prorated refund of on -sale liquor
license fees.
S. it was recommended to approve a resolution to authorize alternate payment for renewal of on -
sale intoxicating liquor licenses.
T. It was recommended to approve a resolution directing the City Clerk to issue 2021 alcohol
license renewals upon the licensees' submission of renewal documents and fees.
U. It was recommended to approve a one-year extension of the Conditional Use Permits and
Preliminary Subdivision approval for Epic Real Estate Partners, LLC to create two lots upon
approximately 6.8 acres located at 1276 Town Centre Drive.
RECOGNITIONS AND PRESENTATION
There were no recognitions and presentations to be heard.
PUBLIC HEARINGS
Proposed 2021 Budget and 2021 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. If the City Council
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chooses not to approve the 2021 budget and tax levy tonight, the City Council will need to take action at
the December 15, 2020 City Council meeting.
City Administrator Osberg gave a presentation covering the topics that are required to be presented at
the hearing under Truth -in -Taxation laws.
Finance Director Pepper was available for questions.
The Council discussed the proposed budget and property tax levy.
Mayor Maguire opened the public hearing. There being no public comment, Mayor Maguire turned the
discussion back to the Council.
Councilmember Bakken moved, Councilmember Fields seconded a motion to close the public hearing
and approve the 2021 General Fund budget of $44,598,600, and approve a resolution adopting the final
2021 general levy of $41,448,398. Aye: 5 Nay: 0 (Roll Call)
OLD BUSINESS
Ordinance Amendments — Ordinance Amendments to City Code Chapter 6, Section 6.37
regarding solid waste haulers and Chapter 10, Section 10.01 regarding
solid waste regulations and management
City Administrator Osberg introduced the item noting in 2018, Dakota County revised their 20 -year Solid
Waste Master Plan. The revised plan seeks to reduce waste going to landfills and make progress toward
the state's 75% recycling rate goal by 2030. Cities are required to comply with the County's Master Plan.
Osberg noted on November 26, 2019, the County Board adopted a revised ordinance (Ordinance 110:
Solid Waste Management) to implement regulatory strategies in the Master Plan.
Mayor Maguire opened the public comment. There being no comment, he turned the discussion back
to the Council.
The Council discussed the ordinance amendments.
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve an ordinance
amendment to City Code Chapter 6, Section 6.37 regarding solid waste haulers and direct publication of
an ordinance amendment summary. Aye: 5 Nay: 0 (Roll Call)
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve an ordinance
amendment to City Code Chapter 10, Section 10.01 regarding solid waste regulations and management
and direct publication of an ordinance amendment summary. Aye: 5 Nay: 0 (Roll Call)
Ordinance Amendment — An Ordinance Amendment to City Code Chapter 5
Regarding alcohol license setbacks
City Administrator Osberg introduced the item noting at the September 15 Listening Session, it was
shared with Council that a plan was submitted to redevelop the Hilltop Plaza area. The planned
redevelopment would include an off -sale liquor store that would not meet the setback requirements
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from a church to the north and a daycare to the south. Current City Code requires all alcohol licenses
except off -sale beer to be at least 200 feet from the property line of a school, daycare, or church.
Mayor Maguire opened the public comment. There being no comment, he turned the discussion back
to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an ordinance
amendment to City Code Chapter 5 regarding alcohol license setbacks. Aye: 5 Nay: 0 (Roll Call)
Ordinance Amendment to City Code Chapter 4, Section 4.34 regarding
Stormwater Management Regulations
City Administrator Osberg introduced the item noting effective February 17, 2015, City Code Section
4.34, established regulations that control and manage stormwater runoff that is related to land -
disturbing activities or development, whether new or redevelopment. After four years of implementing
the initial regulations, City staff has identified potential revisions and updates that are necessary and
desirable.
Mayor Maguire opened the public comment. There being no comment, he turned the discussion back
to the Council.
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve an Ordinance
Amendment to Chapter 4, Section 4.34 Stormwater Management Regulations and Resolution amending
the City's Fee Schedule regarding performance security deposits for compliance of erosion and sediment
control plans under a stormwater management permit. Aye: 5 Nay: 0 (Roll Call)
NEW BUSINESS
There were no New Business items to be heard.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
ADMINISTRATIVE AGENDA
CITY COUNCIL
Councilmember Bakken noted this last week our Secretary of State confirmed Minnesota is, once again,
#1 in the nation for the highest percentage of people participating in the last election.
Mayor Maguire noted December Council meetings will be virtually and encouraged everybody to take
the pandemic seriously and follow Governor Walz' pause orders.
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VISITORS TO BE HEARD
Lincoln Daharu, 1463 Kings Crest, phoned in regarding noise from 35E and how to get a noise wall put
up. The Council asked Public Works Director Matthys to work directly with Mr. Daharu.
ADJOURNMENT
Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at
7:30 p.m. Aye: 5 Nay: 0 (Roll Call)
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Mayor
City Clerk