07/06/2021 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
JULY 6, 2021
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 Supina.
A regular Eagan City Council meeting was held on Tuesday, July 6, 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 Feldman, City Engineer
Gorder, Community Development Director Hutmacher, City Planner Schultz, Communications and
Engagement Director Ellickson, Parks and Recreation Director Pimental, and City Attorney Bauer.
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City Administrator Osberg noted the addition to Consent Agenda Item S. — to approve a temporary on -
sale liquor license for the OMNI Brewing Co. on July 20, 2021 for a sponsored event by UNRL at TCO
Stadium located at 2600 Vikings Cir, Eagan, MN 55121.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as
amended. Aye: 5 Nay: 0
RECOGNITIONS AND PRESENTATIONS
There was no recognitions and presentations to be heard.
CONSENT AGENDA
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the consent
agenda as amended: Aye: 5 Nay: 0.
A. It was recommended to approve the June 8, 2021 Special City Council minutes and the June 15,
2021 regular City Council minutes, as presented, or modified.
B. Personnel Items:
1. It was recommended to accept the resignation of Charles Fischer, Parks Maintenance
Supervisor and authorize replacement.
2. It was recommended to approve the hiring of Gretchen Gifford, Accountant II.
3. It was recommended to accept the resignation/retirement of Daniel Mason, Police Sergeant
and authorize replacement.
4. It was recommended to accept the resignation/retirement of Brian Rundquist, Police Officer
and authorize replacement.
5. It was recommended to accept the resignation/retirement of Cheryl Stevenson, Executive
Assistant/Deputy City Clerk and authorize replacement.
6. It was recommended to approve the hiring of part-time recurring and seasonal employees
as ECC Guest Services, Guest Relations Crew, Lifeguards, Pool Attendants and Water Fitness
Instructor.
C. It was recommended to ratify the check registers dated June 11, June 18 and June 25, 2021.
D. It was recommended to approve the ordinary and customary contracts with Steven M. Grommesch
and Gabrielle L. Grommesch, Trellis, Alonzo Pantoja-Patino, and AVI.
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July 6, 2021
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E. It was recommended to approve a resolution to accept a donation from Dakota Electric and the
Eagan Lions Club, Bob & Doris Richards, Thomson Reuters and The American Registry of Radiologic
Technologists, and MN Vikings and to approve a budget adjustment to account code 1134.4663 in
the amount of $10,000.
F. It was recommended to approve Temporary On -Sale Liquor Licenses and waive the license fees for
Art Works Eagan on September 18, 2021 and November 7, 2021 at 3795 Pilot Knob Road.
G. It was recommended to approve a resolution to temporarily extend the licensed premise for Bald
Man Brewing, Inc. on July 9 and 10, August 20 and 21 and October 1 and 2, 2021 at 2020 Silver Bell
Road Suite 25.
H. It was recommended to approve Change Order No. 1 for Contract 21-04 Rahn Park Improvements.
I. It was recommended to approve a resolution cancelling Eagan Local Emergency.
J. It was recommended to approve a temporary on -sale liquor license and waive the license fee for the
Eagan Foundation on August 13, 2021 at 1501 Central Parkway.
K. It was recommended to receive the Draft Final Assessment Report for Project 1366 (Central Parkway
— Street Improvements) and schedule a public hearing to be held on August 2, 2021.
L. It was recommended to approve the plans and specifications for Contract 21-18 (Carlson Lake —
Water Quality Improvements) and authorize the advertisement for a bid opening to be held virtually
at 10:30 a.m. on Thursday, July 29, 2021.
M. It was recommended to approve an Extension of Preliminary Subdivision approval (Woods of
Witham Lane) to create two single-family lots upon approximately 3.2 acres located at 4070 Dodd
Road.
N. It was recommended to direct preparation of an Ordinance Amendment to City Code Chapter 12
and an amendment to the fee schedule to authorize City Council review of concept plans for
comprehensive plan amendments.
0. It was recommended to approve a Final Plat (Jelen Addition) to replat one lot upon approximately
.59 acre located at 3963 Arlene Court.
P. It was recommended to accept a donation of $12,000 for pre -construction related costs to assess
the Goat Hill Park location selected for a possible refrigerated ice rink in the City of Eagan.
Q. It was recommended to schedule a public hearing for July 20, 2021 to receive comment on the
Eagan Police Department's plan to purchase two new Unmanned Aerial Vehicles (UAVs).
R. It was recommended to approve a resolution adopting and authorizing implementation of the
performance measures developed by the Council on Local Results and Innovation.
S. It was recommended to approve a temporary on -sale liquor license for the OMNI Brewing Co. on
July 20, 2021 for a sponsored event by UNRL at TCO Stadium located at 2600 Vikings Cir, Eagan, MN
55121.
PUBLIC HEARINGS
Variance — 4895 Dodd Road (Frank Cossetta)
City Administrator Osberg introduced the item noting this is a single-family home on a five -acre property
located at 4895 Dodd Road. The Council is being asked to consider a Variance to allow a 20 -foot
encroachment into the 25 -foot wetland buffer setback.
City Planner Schultz gave a staff report and provided a site map.
Mr. Cossetta, applicant, was available for questions.
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The Council discussed the request.
Councilmember Bakken inquired if the owner would be required to connect to sewer and water with the
platting of the property.
City Engineer Gorder responded the City Code would allow staff to require a connection. City
Administrator Osberg clarified the Building Official has discretion [to connect], but the trigger may be at
the time of failure of the existing well and septic.
Councilmember Supina inquired on removal of the shed within the wetland buffer.
Planner Schultz confirmed the applicant volunteered to remove the shed to be complaint with accessory
structure requirements.
Councilmember Hansen asked if removal of the shed needs to be a condition.
City Attorney Bauer clarified the condition requiring a conservation easement prohibits structures within
the easement, thus the condition is not necessary.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Variance to
allow a 20 -foot encroachment into the 25 -foot wetland buffer setback for a building addition at 4895
Dodd Road, subject to the following conditions: Aye: 5 Nay: 0
1. If within one year after approval, the variance shall not have been completed or utilized, it
shall become null and void unless a petition for extension has been granted by the Council.
Such extension shall be requested in writing at least 30 days before expiration and shall
state facts showing a good faith attempt to complete or utilize the use permitted in the
variance.
2. The property shall be platted in accordance with all City and County platting requirements
before a building permit may be issued.
3. A conservation easement shall be recorded with the property, according to City Code
Section 11.67, Subd. 6, C. before a building permit may be issued.
4. Development on the site is subject to City Code Section 4.34 regulations that control and
manage stormwater runoff from land that is subject to land disturbing activity.
5. A Building Permit shall be required prior to construction of the addition. Before the building
permit is closed, the applicant shall apply for a separate stormwater management permit to
address remaining active or non-compliant land disturbing activities according to City Code
Section 4.34.
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There was no Old Business to be heard.
OLD BUSINESS
NEW BUSINESS
Comprehensive Guide Plan Amendment and Planned Development Amendment —
The Holy Christian Church
City Administrator Osberg introduced the item noting at the April 6, 2021 City Council meeting the
Council directed the Comprehensive Guide Plan Amendment to be sent to the Metropolitan Council.
The Metropolitan Council approved the proposed Comprehensive Guide Plan Amendment on May 20,
2021. The Council is being asked to implement a Comprehensive Guide Plan Land Use Amendment to
change the land use designation from Major Office to Quasi Public upon 16.17 acres and consideration
of a Planned Development Amendment to allow a church and global headquarters at property located
on Lot 1, Block 1, BCBSM East Addition.
City Planner Schultz gave a staff report and provided a site map.
The applicant, Archbishop Felton, was available for questions.
The Council discussed the requests. It was noted the Council may elect to approve the PD Amendment
to allow the proposed institutional uses and retain the existing Major Office land use category.
Archbishop Felton asked for clarification why the PD Amendment may be considered without the
Comprehensive Guide Amendment.
Mayor Maguire explained ordinarily a Comprehensive Guide Amendment is required for consistency
between the land use designation and zoning of the property. The Quasi -Public [land use designation]
best fits with the proposed uses and the underlying guiding of the property.
Planner Schultz added the Comprehensive Guide Amendment would also be consistent with the guiding
of other church properties within the city.
Community Development Director Hutmacher added staff aims for land use consistency of the
Comprehensive Guide Plan. Adding the City Attorney's office provided City Council the option to retain
the land use designation if the church use would not move forward.
Archbishop Felton concurred with Director Hutmacher's findings on the matter but voiced concern over
Council's discussion of the matter.
Council and the applicant continued discussion over the merits of the comprehensive plan amendment
and utilizing only the PD Amendment to allow the use.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
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Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Planned
Development Amendment to allow a church and global headquarters upon 16.17 acres located on Lot 1,
Block 11, BCBSM East Addition, subject to the following conditions: Aye: 5 Nay: 0
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 Survey (received May 19, 2021)
2. The Applicant shall obtain a Building Permit for interior renovations.
3. The Applicant shall obtain a Sign Permit for sign modifications.
4. The Applicant shall apply for and receive approval of a future amendment prior to future
construction of additional uses and structures on the property.
After further discussion between the applicant and City Council, the applicant decided to withdraw the
Comprehensive Guide Plan Land Use Amendment to change the land use designation from MO (Major
Office) to QP (Quasi Public) upon 16.17 acres located on Lot 1, Block 1, BCBSM East Addition.
Conditional Use Permit — Kevin Quagliano, Stanley G. Alexander Inc.
City Administrator Osberg introduced the item noting the Council is being asked to consider a ,
Conditional Use Permit to allow outdoor storage of 39 semi -trailers, 20 straight trucks and 24 containers
located at 2811 Beverly Drive.
City Planner Schultz gave a staff report and provided a site map.
Mayor Maguire opened the public comment. There being no public comment, turned the discussion
back to the Council.
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Conditional Use
Permit to allow outdoor storage of 39 semi- trailers, 20 straight trucks and 24 containers
located at 2811 Beverly Drive, subject to the following conditions: Aye: 5 Nay: 0
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of
approval by the City Council.
2. This Conditional Use Permit allows the outdoor storage of 39 semi -trailer units, 20
straight truck units and 12 spots for 24 containers (stacked). Outdoor storage is limited
only to those items in the locations and numbers indicated on the approved Site Plan
received June 2, 2021.
3. All trailers, trucks and containers stored outside must be empty.
4. Storage of other items is not allowed and any other storage including the boat and trailer shall be
removed from the site.
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5. The outdoor storage areas shall be clearly identified by pavement markings to keep the site orderly
and maintain adequate vehicular circulation, emergency access and egress from the building.
6. The pavement in front of each egress door shall be striped to indicate a no parking area to maintain
clear egress paths over time.
7. The dead trees west of the truck scale shall be replaced by October 1, 2021.
8. Trash and debris shall be cleaned up and removed from the property. Unpaved areas shall be
landscaped and maintained in accordance with City Code standards by October 1, 2021.
9. Other than the compactor, the applicant shall relocate the trash and recycling containers inside the
building or provide a plan for construction of an enclosure consistent with City Code standards in
Section 11.70, Subd. 21.D.7 by October 1, 2021. In the latter case, the trash enclosure shall be
constructed no later than July 1, 2022.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
ADMINISTRATIVE AGENDA
There was no administrative agenda items to be heard.
There were no visitors to be heard.
VISITORS TO BE HEARD
ADJOURNMENT
Councilmember Hansen moved, Councilmember Fields seconded a motion to adjourn the meeting at
7:65 p.m. Aye: 5 Nay: 0
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Mayor
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City Clerk