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12/07/2021 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota December 7, 2021 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Bakken, Hansen, and Supina. A regular Eagan City Council meeting was held on Tuesday, December 7, 2021, at 6:30 p.m. Present were Mayor Maguire, Councilmembers Fields, Bakken, Hansen, and Supina. Also present: City Administrator Osberg, Assistant City Administrator Miller, Public Works Director Matthys, City Attorney Bauer, Finance Director Feldman, Assistant Finance Director Foiles, City Planner Schultz, and Community Development Director Hutmacher. I. ADOPT AGENDA Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda. Aye: 5, Nay:O. II. RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. III. CONSENT AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the consent agenda as presented. Aye: 5, Nay: 0. A. It was recommended to approve the November 9, 2021 Special City Council minutes and the November 16, 2021 Regular City Council minutes as presented or modified. B. Personnel Items: 1. It was recommended to accept the resignation/retirement of Dale Schoeppner, Chief Building Official and authorize replacement. 2. It was recommended to approve the promotion of Jeff Brooker from Streets Supervisor to Streets Superintendent and authorize replacement. 3. It was recommended to accept the resignation of Urika Pratt, Program Coordinator and authorize replacement. 4. It was recommended to approve the hiring of the following part-time recurring and seasonal employees: • Ross LaLond Building Attendant III • Michael LimBybliw ECC Fitness Instructor Sub • Lindsey Klingberg Guest Services Rep • Thomas Schoenecker Street Maintenance Worker • George Anderson Rink Attendant • Kai Mailahn-Kinard Rink Attendant • Kathryn Bonley Rink Attendant City Council Meeting Minutes December 7, 2021 Page 2 • Nathan Defries Rink Attendant • Micah Maddio Rink Attendant • Jack Bosshardt Rink Attendant • Jacob Kemper Rink Attendant • Tyler Syring Rink Attendant • Logan Kolehmainen Rink Attendant • Timothy Leiran Rink Attendant • Colby Sorensen Rink Attendant • Jackson Bonley Rink Attendant C. It was recommended to ratify the check registered dated November 11, 2021, November 192 2021, and November 26, 2021, as presented. D. It was recommended to approve the following ordinary and customary contracts: 1. Ice Rental Agreement between Independent School District 196 and the City of Eagan for November 2021- March 21, 2022 2. Contract for 2022 Building Inspection Services 3. Vendor Service Agreement with Henry Huber for performance a the tree lighting event on December 7, 2021 4. 2021 Parks and Recreation Sponsorship Agreement with Andros ENT & Sleep Center 5. 2022 Parks & Recreation Sponsorship Agreements: Gold Fish Swim School Metropolitan Pediatric Dental, City & Country Credit Union, Think Mutual Bank E. It was recommended to accept the following donations: 1. $18,462 from the Eagan Citizens Crime Prevention Association for the purchase of a drone 2. Donations to the Parks & recreation Fee Options Program: Peg Bohn $10 Katie Dinter $50 Siri Doan $50 Layl McDill $15 Juliet Parisi $50 Andrew Pimental $10 Rajeev Purohit $3 Tammy Sadoff $40 Nathaniel Saltz $5 Denise Sjoberg $35 Vicki Wright $50 F. It was recommended to approve the 2022 Enterprise Fund budgets for Public Utilities (Water, Sewer, Street Lighting, Storm Drainage/Water Quality), Cascade Bay, Civic Arena, and Community Center. G. It was recommended to approve the 2022 Special Revenue Fund budgets: Housing Fund, DWI Forfeiture Fund, Minnesota Fund (MIF), Revolving Loan Fund, Cable TV Franchise Fees, E-TV Fund, Cedar Grove Parking Garage Fund, and Tree Mitigation Fund. H. It was recommended to adopt the 2022 Eagan Convention and Visitors Bureau (ECVB) Budget. City Council Meeting Minutes December 7, 2021 Page 3 I. It was recommended to award Contract 21-28 Gun Club Road Trunk Sanitary Sewer Extension. J. It was recommended to approve water meter surcharge rebates. K. It was recommended to approve the final plat for Kennealy 2nd Addition. L. It was recommended to approve the 3rd Amendment to the Consent Decree between the Cities of Minneapolis, Richfield, Eagan, the Minneapolis Public Housing Authority, and the Metropolitan Airports Commission subject to the approval of the decree by all parties . M. It was recommended to approve Change Order No. 1 and final payment to Max Steininger Inc. for Contract 21-25 Goat Hill Refrigerated Ice Rink. N. It was recommended to approve Final Payment, Contract 21-27, Pond AP (Aster House) Storm Sewer Improvements. O. It was recommended to approve Request for Proposal for Catering at Eagan Community Center and authorize the advertisement for proposals to be due on January 12, 2022. IV. PUBLIC HEARINGS PROPOSED 2022 Budget and Property Tax Levy City Administrator Osberg introduced the item and invited Finance Director Feldman to present the 2022 Budget and Tax Levy for final review and approval. Director Feldman reviewed the budget calendar and outlined the budget drafting process that led up to the hearing occurring at the meeting tonight. Director Feldman stated that the City's labor force, median income, and median home value contribute to its strong tax base. Staff are proposing a 3.9 percent General Fund budget increase over 2021, and a 3.9 percent tax levy increase. Director Feldman explained the average Eagan home value in 2022 is projected to increase 6.6 percent from 2021. City taxes on an average home would increase at a lower rate of 6.5 percent from 2021 to 2022, showing a tax rate decrease. For commercial properties, valuation for a $500,000 valued property is expected to increase 2.8 percent from 2021 to 2022, with City taxes increasing by only 2.2 percent in 2022. Director Feldman noted that the State determines tax rates, and the County determines property value. Councilmember Bakken moved, Councilmember Fields seconded a motion to close the public hearing and approve the 2022 General Fund budget of $46,360,100 and approve a resolution adopting the final 2022 general levy of$43,067,923. Aye: 5, Nay: 0. Motion Carried. APPROVE 2022 Fee Schedule City Administrator Osberg introduced the item and invited Assistant Finance Director Foiles to present the 2022 Fee Schedule. Assistant Director Foiles discussed changes that would be reflected in the 2022 Fee Schedule. Proposed changes reflect increased maintenance and labor costs of running facilities. These changes include the following: • Proposed rate increases at Cascade Bay • Creation of time -blocks for rental of spaces at the Community Center City Council Meeting Minutes December 7, 2021 Page 4 Increased fees for events at the Blast indoor playground 4 percent increase in parkland dedication fees Increase in rental fees and introduction of tournament fees for athletic facilities Assistant Director Foiles also noted the proposed increase in utility rates for water, sewer, storm drainage, and streetlighting, and new quarterly fees imposed for water and sewer utilities in 2022. These increases would result in a $5.90 increase for the typical household monthly utility bill. Councilmember Fields moved, Councilmember Hansen seconded to close the public hearing and adopt a resolution approving the 2022 Fee Schedule establishing fees for various City services, supplies, and materials. Aye: 5, Nay: 0. Motion carried. V. OLD BUSINESS ORDINANCE AMENDMENT — City of Eagan — An Ordinance Amendment to City Code Chapter 11 regarding implementation of code language allowing informal review by City Council of proposed concept plans relating to potential comprehensive plan amendments City'Administrator Osberg introduced the item and invited City Planner Schultz and Community Development Director Hutmacher to present the ordinance amendment for consideration. City Planner Schultz explained that City Code currently contains a process for applicants to request a meeting with the Advisory Planning Commission (APC) to present concepts for Planned Unit Developments (PUDs). The ordinance proposed is modeled in a similar fashion, allowing applicants to present land use changes before Council prior to submitting a formal application. The voluntary option would allow applicants to solicit feedback from Council, and applicants would be limited to one reviewal by Council per property within a 12-month period. City Planner Schultz noted the APC held a public hearing on November 23rd and recommended approval but requested Council consider adding a public notification requirement and for staff to provide the APC information regarding the informal meeting, either through links to the meeting video or of the meeting minutes. Councilmember Fields and Bakken shared concerns that the Council's input during the informal review of a proposal could impact the APC's ability to provide an independent advisory opinion on a proposal. Mayor Maguire stated that Council workshop meetings were intended for discussion among Council, providing public notice for items to be discussed informally was not necessary as notice would happen with the formal review process. Councilmember Supina stated it would be up to the APC to evaluate each proposal on its own merits, regardless of whether the applicant disregarded feedback provided during the informal review by Council. City Attorney Bauer stated that his concern was providing notice to properties regarding the upcoming informal discussion could be seen as commencing the public process, at which point the Council has 60 days to act on the proposal. City Council Meeting Minutes December 7, 2021 Page 5 City Administrator Osberg noted staff could communicate to APC an item went to Council for informal review without including Council's feedback, members can determine if or how to incorporate it. Council agreed. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve an Ordinance Amendment to City Code Chapter 11, Land Use Regulations (Zoning) by adding Section 11.50, Subdivision 5(I), introducing procedures of an informal review process of concept plans that require a Comprehensive Guide Plan Amendment. Aye: 5, Nay: 0. Motion carried. VI. NEW BUSINESS CONDITIONAL USE PERMIT — Shawnee Business Park - Orzugul Kahramonova, Caspian Management —Conditional Use Permit - 1959 Shawnee Road City Administrator Osberg introduced the item and invited City Planner Schultz to present the Conditional Use Permit (CUP) request. City Planner Schultz presented the staff report to Council. Schultz noted the current proposal would address changes to the outdoor storage of items including landscape supplies and equipment, flatbed, enclosed, and dump trailers, etc. City Planner Schultz stated the applicant is seeking a new CUP that would bring the site into compliance. The Mayor asked the applicant if they had anything to add. Ms. Kahramonova clarified that the leases of two tenants would not be renewed, helping to address the amount of outdoor storage. The Mayor asked how this would impact the CUP. City Planner Schultz responded that staff could work with applicant on modifications regarding any changes to the site plan. Councilmember Fields moved, Councilmember Supina seconded a motion to approve a Conditional Use Permit to modify the site plan for outdoor storage of commercial vehicles and equipment, trailers, and landscape supplies and construction materials, and to remove the condition requiring construction of trash enclosures, upon property located at 1959 Shawnee Road, subject to the conditions listed below. Aye: 5, Nay: 0. Motion carried. 1. This Conditional Use Permit shall be recorded with the Dakota County Recorder's office within 60 days of approval by the City Council, with the following exhibits: • Site Plan dated August 26, 2021, as revised 2. This Conditional Use Permit shall replace any prior Conditional Use Permits for the property. 3. The outside storage shall not be leased independently, and may be utilized only by a tenant that leases space within the principal building. 4. Outdoor storage shall be limited to the designated stalls as shown on the approved Site Plan, and shall not occupy more than 47 stalls. City Council Meeting Minutes December 7, 2021 Page 6 5. The Site Plan shall be revised as follows: a. Outdoor storage stalls to be used for the different types of items, and specifically the 35-foot trailers, the plow blades and other implements, the boat, and the 10 to 15 stalls for vehicles that are being serviced by the body shop/mechanic tenants, shall be shown on the revised Site Plan. b. The 8 stalls behind the south leg of the building and 11 stalls south of the storage building shall be used only for tenant employee parking, and shall be identified as such on the revised Site Plan. No outdoor storage shall occur in those areas. c. The Site Plan shall be revised to delineate dimensions for the pallet storage (what materials, how many pallets, and where), the placement of one dumpster, storage of wheelbarrows, and other supplies and equipment. d. The revised Site Plan shall show stalls that are sized to fit the vehicles that are larger than 24 feet, and also maintain appropriate width for drive aisles. 6. Vehicles larger than 20 feet long shall be stored in the 24-foot deep stalls along the west side of the storage building. 7. Outdoor storage shall not occupy any landscaped areas. 8. The fenced area north of the storage building shall be kept neat and orderly. This area is limited to not more than 3 skid steers or similar pieces of equipment, 15 wheelbarrows, palletized or bundled supplies such as landscape block, drain tile, and landscape edger. Other miscellaneous items shall be removed and stored inside a building or within one of the enclosed trailers or trucks. 9. All trash and recyclables shall be kept within one of the appropriate receptacles in accordance with the regulations in the City Code (Chapter 10). Storage of refuse such as empty pallets, baled cardboard, and other items outdoors and outside of the approved receptacles is not allowed. 10. The roll -off dumpster in the fenced area north of the storage building shall be retrofitted or replaced to comply with the current City Code standards for trash receptacles. 11. In accordance with the approved Site Plan, parking and outdoor storage stall striping shall be painted no later than May 31, 2022, and outdoor storage shall not exceed the size of the stalls. 12. Drive aisle widths throughout the lot shall maintain a minimum 24-foot width. 13. All parking and storage areas shall be properly maintained to prevent deterioration. Landscaped areas shall be properly maintained per City Code standards. City Council Meeting Minutes December 7, 2021 Page 7 14. The outdoor storage areas surfaced with gravel or aggregate shall be subject to periodic review by city staff for adequacy of the material to control dust and drainage. The first review shall occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with a bituminous asphalt hard surface. CONDITIONAL USE PERMIT — Gertens — Gino Pitera, GLG Properties — A Conditional Use Permit -1980 Seneca Road City Administrator Osberg introduced the item and invited City Planner Schultz to present a site map of the area and more information. Schultz presented the staff report to City Council. The request is to allow for outdoor storage of seven semi -truck trailers, six straight trucks, and various landscape supplies. Schultz noted approval of the CUP would allow the applicant's current business operations to become compliant with City Code. Councilmember Fields moved, Councilmember Bakken seconded a motion to grant a conditional use permit to allow outdoor storage of landscape supplies, semi -trucks, and straighttrucks upon property located at 1980 Seneca Road subject to the conditions listed below. Motion Aye: 5, Nay: 0. Motion carried. 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval. 2. This Conditional Use Permit shall supersede and replace any and all prior Conditional Use Permits previously issued to the Property. 3. Outdoor storage shall be permitted in the numbers and locations as delineated on the Site Plan dated October 5, 2021 and identified in the narrative received October 28, 2021. 4. The site shall be kept in an orderly manner with only the items listed on the Site Plan to be stored outside. 5. All parking and storage areas shall be properly maintained to prevent deterioration. 6. No dirt or debris shall be left on the property to become a nuisance to adjacent parcels. 7. The outdoor storage shall be used solely by the primary business and/or tenants of the principal building. No subleasing of outdoor storage areas shall be permitted. 8. A dumpster enclosure shall be constructed no later than May 31, 2022. 9. If the use of the building changes, or overflow parking becomes an issue in the future, some of the outdoor storage area shall be converted to off-street parking in the amount necessary to satisfy off-street parking needs within the site. City Council Meeting Minutes December 7, 2021 Page 8 VII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE There were no Legislative/Intergovernmental affairs items. VIII. ECONOMIC DEVELOPMENT AUTHORITY There were no EDA items. IX. ADMINISTRATIVE AGENDA There were no items for the Administrative Agenda. X. VISITORS TO BE HEARD There were no visitors to be heard. XI. ADJOURNMENT Councilmember Supina moved, Councilmember Hansen seconded a motion to adjourn. Aye: 5, Nay: 0. Motion carried. The meeting was adjourned at 8:52 p.m. Date