02/02/2021 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
FEBRUARY 2, 2021
No Listening Session was held.
Due to the COVID-19 pandemic, the regular Eagan City Council meeting was held virtually on Tuesday,
February 2, 2021 at 6:30 p.m. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen,
and Supina. Also present was City Administrator Osberg, Assistant City Administrator Miller, Finance
Director Pepper, 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 Bakken moved, Councilmember Fields seconded a motion to approve the agenda as
presented. Aye: 5 Nay: 0 (Roll Call)
RECOGNITIONS AND PRESENTATIONS
There were no recognitions and presentations to be heard.
CONSENT AGENDA
Councilmember Hansen moved, Councilmember Supina seconded a motion to approve the consent
agenda as presented: Aye: 5 Nay: 0 (Roll Call)
A. It was recommended to approve the January 19, 2021 City Council minutes, as presented, or
modified.
B. Personnel Items:
1. It was recommended to approve the hiring of a part-time recurring and seasonal employee as
Recreation Program Specialist.
2. It was recommended to approve the hiring of Thomas Schoenecker, Temporary Street
Maintenance Worker.
3. It was recommended to approve the collective bargaining agreement with the International
Association of Fire Fighters, Local No. 5171— Fire Fighters Unit.
C. It was recommended to ratify the check registers dated January 15 and January 22, 2021.
D. It was recommended to approve the ordinary and customary contracts with Independent School
District 196, Northland Securities, Inc., Northern Air Corp, and Elisabeth Heying.
E. It was recommended to approve the contingent settlement agreement and mutual release between
the City of Eagan and Ebert Construction.
F. It was recommended to approve a settlement agreement and release between the City of Eagan and
Wold Architects.
G. It was recommended to receive the Draft Feasibility Report for Project 1409 (Eagandale Industrial
Park—Street Improvements) and schedule a public hearing to be held on March 2, 2021.
City Council Meeting Minutes
February 2, 2021
2 page
H. It was recommended to approve the plans and specifications for Contract 21-10 (2021 Water Quality
Improvements) and authorize the advertisement for a bid opening to be held virtually at 10:30 a.m.
on Wednesday, February 24, 2021.
I. It was recommended to approve the final payment for Contract 20-02 (Central Parkway
Neighborhood Street Revitalization) in the amount of $71,077.47 to Northwest Asphalt, Inc. and
accept the improvements for perpetual City maintenance subject to warranty provisions.
J. It was recommended to approve a resolution authorizing issuance and sale of approximately
$27,730,000 Taxable General Obligation Bonds, Series 2021A, on March 2, 2021.
K. It was recommended to approve a resolution to accept donations to the Parks and Recreation Fee
Options Program.
L. It was recommended to appoint Councilmember Cyndee Fields as Acting Mayor for 2021, and to
appoint the 2021 representatives to the Council Standing Committees, Commission Liaisons, and
Fire Relief Association Board of Trustees.
M. It was recommended to schedule a public hearing for March 2, 2021 to consider final assessment of
the delinquent utility bills and certify them to Dakota County for collection with property taxes.
There were no public hearings to be heard.
PUBLIC HEARINGS
OLD BUSINESS
There were no old business items to be heard.
NEW BUSINESS
Conditional Use Permit — Fusion Martial Arts
City Administrator Osberg introduced the item noting the Council is being asked to consider a
Conditional Use Permit to allow a Martial Arts Studio in a Business Park zoning district, upon property
located at 1020 Discovery Road.
City Planner Schultz gave a staff report and provided a site map.
Jake Markus, applicant, provided a brief overview of the business and was available for questions.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Mayor Maguire inquired why the use needed conditional use permit approval within this zoning district
and suggested the Advisory Planning Commission evaluate.
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Conditional Use
Permit to allow a Martial Arts Studio in a Business Park zoning district, upon property located at 1020
Discovery Road, subject to the following conditions: Aye: S Nay: 0 (Roll Call)
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by
the City Council.
City Council Meeting Minutes
February 2, 2021
3 page
2. The martial arts studio shall be located as shown on the Tenant Delineation Plan received
December 16, 2020.
3. A Building Permit shall be obtained for the tenant buildout.
4. All signage shall comply with City Sign Code standards. A Sign Permit shall be obtained prior to
installation of any signs.
Conditional Use Permit
City Administrator Osberg introduced the item noting the Council is being asked to consider a
Conditional Use Permit for outdoor storage and overnight parking of delivery vans located at 3130
Lexington Avenue in addition to the adjacent site, 1045 Gemini Road.
City Planner Schultz gave a staff report and provided a site map.
Christopher Silas, applicant, was available for questions.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
The Council discussed the item. Councilmember Bakken noted concern regarding a tax base loss from
the building being razed, regraded and paved. There was discussion regarding a partial payment in lieu
of taxes and if the applicant would consider this option. The applicant noted they would likely oppose
additional fees noting the project would bring other benefits to the city. After further discussion, all
agreed to continue the item to the March 2, 2021 regular City Council meeting. It was also determined a
Finance Committee meeting should be scheduled for further discussion.
Caller Spencer, WPT REIT Industrial, property owner and representative of applicant, addressed the
Council noting the CUP needs a replat of the combined properties in order to make this request work.
Councilmember Fields moved, Councilmember Supina seconded a motion to continue the Conditional
Use Permit for outdoor storage and overnight parking of delivery vans located at Lot 1, Block 1,
Lexington Logistics Center and Lot 1, Block 1, Aerospace Investments Industrial Park to the March 2,
2021 regular City Council meeting. Aye: 5 Nay: 0 (Roll Call)
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
ADMINISTRATIVE AGENDA
CITY COUNCIL
Councilmember Hansen noted the Dakota County Board took action to withdraw from Minnesota Valley
Transit Authority Joint Powers Agreement (on a 4-3 vote), ending a 9 -year relationship with MVTA and
removing the County from membership on the MVTA Board. The Commissioners voting to withdraw
indicated that they don't view this as a step back in their transit involvement and desire for more
City Council Meeting Minutes
February 2, 2021
4 page
collaboration in transit planning in the future. They spoke of the goal being neutral regarding transit
providers, pointing out that MVTA and Metro Transit both serve Dakota County in addition to other
available services, and the County is not involved in the governance of any of these other services.
Hansen noted he tried to make the point that it is appropriate and mutually beneficial for the County to
have a seat at the table as a policy maker in regional transit decisions rather than simply as a
stakeholder and suggested that withdrawing from active participation in MVTA would send the wrong
message regarding the County's commitment of public transit. He asserted that the best way for the
County to help ensure that its residents and businesses have access to efficient quality transit is to
continue being part of the governing board that makes service decisions. Hansen noted his appreciation
to those who continue to support the MVTA.
CITY ADMINISTRATOR
City Administrator Osberg noted next week's Council workshop will include a joint meeting with our
legislators along with representatives from three different organizations who advocate on behalf of
cities. The workshop will also include an update regarding Diffley Road.
DIRECTOR OF PUBLIC WORKS
Director of Public Works Matthys noted there have been several Diffley Road School Area Public
Information Sessions held virtually. The next meeting is scheduled for February 4 from 5-6:30 p.m.
There were no visitors to be heard.
No closed session was held.
VISITORS TO BE HEARD
CLOSED SESSION
ADJOURNMENT
Councilmember Hansen moved, Councilmember Supina seconded a motion to adjourn the meeting at
7:54 p.m. Aye: 5 Nay: 0 (Roll Call)
-Q�IJ
rc�
Date
Mayor
ow
City Clerk