Loading...
06/21/2022 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota June 21, 2022 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Hansen, Fields, and Supina. A regular Eagan City Council meeting was held on Tuesday, June 21, 2022, at 6:30 p.m. Present were Mayor Maguire, Councilmembers Hansen, Bakken, Fields, and Supina. Also present: City Administrator Miller, Assistant City Administrator Alig, City Attorney Bauer, City Planer Schultz, Communications and Engagement Director Ellickson, Public Works Director Matthys, and Community Development Director Hutmacher. I.ADOPT AGENDA Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 5, Nay: 0. Motion carried. II.RECOGNITIONS AND PRESENTATIONS Presentation of Business Survey Results Director Ellickson thanked the Council for the opportunity to present the results of the 2021 Business Survey. The survey is conducted in partnership with the National Research Center every other year in Eagan. The survey results demonstrated that Eagan businesses give high marks to the business climate in the city, and that they continue to be pleased with City service deliver and with local government performance. Additionally, businesses gave Eagan high marks in quality of life. Business Survey results are available on the City’s website. III.CONSENT AGENDA Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the Consent agenda as presented. Aye: 5, Nay: 0. Motion carried. A.It was recommended to approve the minutes of the June 7, 2022 Regular City Council Meeting. B.Personnel Items: 1.It was recommended to approve the hiring of Jake Nelson for the position of Building Inspector. 2.It was recommended to approve the hiring of Angela Faison for the position of Deputy City Clerk. 3.It was recommended to approve the lateral transfer of Todd Tuione from Utility Maintenance Worker - Operations to Utility Maintenance Worker - Production and authorize replacement of the Utility Maintenance Worker – Operations position. 4.It was recommended to approve the hiring for the position of Web Developer, to be named at a future City Council Meeting. City Council Meeting Minutes June 21, 2022 Page 2 5. It was recommended to accept the resignation of Natalie Freemore, HR Administrative Assistant and authorize replacement. 6. It was recommended to accept the resignation of Matt Harding, GIS Specialist and authorize replacement. 7. It was recommended to authorize the updated plan design changes within the Health Care Savings Plan (HCSP) for both non-represented employees and also the Fire Captain and Fire Fighter union. 8. It was recommended to approve the hiring of the following part-time recurring and seasonal employees: • Ian Krebs Guest Relations Crew • Cory Timm Landscape Crew – Seasonal • Allison Parnell Lifeguard • Cate Reilly Lifeguard • Jade Sawrey Lifeguard • Lillijuana Schneider Lifeguard • Benjamin Wagner Lifeguard • Lucia Fisher Lifeguard • Ebenezer Woldu Lifeguard • Nathaniel Defries Park Laborer- Seasonal • Samuel Schachtman Park Laborer- Seasonal C. It was recommended to ratify the check registers dated June 3, 2022, and June 10, 2022 as presented. D. It was recommended to approve the following ordinary and customary contracts: 1. Parks & Recreation Vendor Service Agreements with the following entities: - Augsburg Volleyball - Lynch Tennis - MN Ultimate - LaRae Templeton - Pros of the Rope LLC 2. Parks & Recreation Independent Contractor Agreement with Katie Monroe for services at the Eagan Art House. E. It was recommended to approve Change Order No. 3 for Contract 22-03 (Rahn Park Phase II Improvements) and authorize Mayor and City Clerk to execute all related documents. F. It was recommended to direct cancellation of the July 12, 2022 Special City Council Meeting. G. It was recommended to direct preparation of an ordinance amendment to update City Code Chapter 5 to incorporate recently adopted state liquor law changes. H. It was recommended to approve revisions to the Winter Trail Maintenance Plan. I. It was recommended to authorize a variance to the Construction Activity Noise Regulations to exempt OMG Midwest Inc./ MN Paving & Materials for improvements at Town Centre during weeknight overnight hours July 5 to July 20, 2022. J. It was recommended to approve a resolution appointing election judges for the August 9, 2022 Primary. K. It was recommended to approve a resolution appointing absentee ballot board judges and designating them as deputy city clerks for the purpose of administering the August 9, 2022 Primary. City Council Meeting Minutes June 21, 2022 Page 3 L.It was recommended to approve a Final Planned Development for development of a memory care and assisted living facility upon property located at 2811 Pilot Knob Road. M.It was recommended to approve a resolution adopting and authorizing implementation of the performance measures developed by the Council on Local Results and Innovation. IV.PUBLIC HEARINGS There were no items for public hearing. V.2021 ANNUAL COMPREHENSIVE FINANCIAL REPORT Administrator Miller introduced the item and invited Rebecca Peterson from Redpath and Company, the City’s audit firm, to present the 2021 Annual Comprehensive Financial Report. Ms. Peterson reviewed the report and stated the firm would be conducting a report on Federal Program Compliance later in the summer. Redpath and Company was able to provide a “clean” opinion on the City’s financial statement, which is the highest level of assurance offered. Mayor Maguire acknowledged Finance Director Feldman and thanked him and the City’s Finance Department for their work. Councilmember Fields moved, Councilmember Supina seconded a motion to receive and accept the 2021 Annual Comprehensive Financial Report. Aye: 5, Nay: 0; motion carried. VI.OLD BUSINESS RECONSIDERATION of Conservation Easement Encroachments – 4500 Thomas Lake Circle RECONSIDERATION of Conservation Easement Encroachments – 4510 Thomas Lake Circle Mayor Maguire noted the considerations of conservation easement encroachments were reappearing before Council, as City staff notified Council of a miscommunication regarding the date of the May 17 Public Hearing, which resulted in the applicants not being present to address Council when the encroachments were initially considered. City Attorney Bauer confirmed the items could be combined in their discussion but would require separate actions by the Council. Administrator Miller thanked the Mayor for providing background and added her apologies for the City’s miscommunication. Ms. Miller invited Director Matthys to present more information. Director Matthys stated that on May 17, the Council considered three options for the property owners: preparation of a restoration and management plan for the conservation easement, preparation of an encroachment agreement, or a combination of the two. At the meeting the Council selected option one to request preparation of a restoration and management plan including removal of the encroachments. Councilmember Bakken asked and Director Matthys confirmed that the placement of docks in water bodies was regulated by the DNR, but access to the dock via stairs or cleared trails was prohibited by the conservation easement. City Council Meeting Minutes June 21, 2022 Page 4 Mayor Maguire invited the property owners to address Council. Bill Lieder, 4510 Thomas Lake Circle, addressed the Council. Mr. Lieder stated he had contacted the DNR and received confirmation that his dock is within the allowed standards. Mr. Lieder acknowledged that he did not contact the City prior to installing the wooden stairs and stated the improvements including the wooden boards embedded in the trail were done to improve safety in reaching the dock. Scott Peterson, 4500 Thomas Lake Circle, addressed the Council. Mr. Peterson stated the recreational opportunities of being on a lakefront was the main reason his family sought to purchase their home. Mr. Peterson added that he has been actively involved in managing buckthorn on the property. He added that the actual area comprised by the steps and dock are a small percentage of the total easement area. Councilmember Bakken expressed concern that the City’s allowance of the encroachments would devalue the conservation easements. He added that there may be a way to still allow the structures while adding conditions to reinforce the premise of the conservation easement. Mayor Maguire stated the encroachment at 4510 seemed to be less invasive than the 4500 encroachment. The Mayor also acknowledged the property owners did not appear to comply with the City’s permitting requirements. Director Hutmacher responded to a question from Council and stated the permitting process would have likely identified the presence of the conservation easement. Councilmember Hansen mentioned the presence of stairs could potentially offer some erosion control benefits, potentially creating an avenue for the Council to consider allowing the structure to remain as part of a restoration and management plan. Director Matthys concurred the embedded boards and the wooden steps at both properties likely help prevent erosion that would occur if the route were used without them. Councilmember Bakken stated the structure at 4500 seemed to go beyond the level of structure required from an erosion control standpoint. He added a similar standard should be used for the encroachments. Director Matthys repeated the list of items that Council referenced as items to be included in a restoration and management plan, including installation of native plants, erosion control, creation of native habitat, and removal of buckthorn, and asked for confirmation from Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to direct staff to work with the applicant at 4510 Thomas Lake Circle to develop an encroachment agreement and create a restoration and management plan at the property owner’s expense and to bring the plan back to Council for review within 4 months. Aye: 5, Nay: 0. Motion carried. Mayor Maguire noted the lighting on the stairs should be retained only to the level it allows for safety on the stairs and does not add to light pollution around the lake. Additionally, no additional structures City Council Meeting Minutes June 21, 2022 Page 5 or expansion of the current structure should be allowed, outside of that required to meet current City code as part of obtaining any required permit. Councilmember Bakken moved, Councilmember Fields seconded a motion to direct staff to work with the applicant at 4500 Thomas Lake Circle to develop an encroachment agreement and create a restoration and management plan at the property owner’s expense and to bring the plan back to Council for review within 4 months. Aye: 5, Nay: 0. Motion carried. Mayor Maguire thanked the applicants for attending. VII.NEW BUSINESS PRELIMINARY SUBDIVISION and VARIANCE – Parkside – Robert Machacek – 4940 and 4980 Dodd Road Administrator Miller introduced the item and invited City Planner Schultz to provide more information. City Planner Schultz noted a similar request came before Council in March but was withdrawn by the applicant. The applicant is now proposing a subdivision to allow 26 single family lots. Schultz outlined the requested variances involving 6 lots for lot width and 5 of those same lots for lot width. Schultz also outlined the variance requests for cul-de-sac length and setback to an existing cell tower. Mr. Machacek was present and addressed the Council. Councilmember Supina inquired of the applicant the public benefit to support the variance for the six lots that do not comply with R-1 standards. The applicant responded no, clarifying the variance requests relate to the difficulties of the site. Mayor Maguire clarified that when multiple variances are requested, it is in the form of a Planned Development which requires demonstration of public benefit. The request for variances in similar instances is not the traditional practice. Mayor Maguire asked the applicant to outline the challenges of developing the site and conforming to the R-1 standards. The applicant stated there are challenges with the road stubs left too high, presence of wetlands, and Dodd Road not being a through street; those three created constraints with the property. Additionally, a portion of the property lies within the City of Rosemount. Councilmember Fields voiced concern of the future development of Outlot A [parcel located in Rosemount] and extension of a road to 120th Street. Mayor Maguire asked why Dodd Road couldn’t be extended to allow for larger lots that met requirements. Director of Public Works Director Matthys explained there are difficulties involving the existing wetland and design of stormwater infrastructure. City Council Meeting Minutes June 21, 2022 Page 6 The applicant introduced John Molinaro, Pioneer Engineering. Mr. Molinaro detailed the challenges to collect and direct stormwater to the State Highway [3]. Councilmember Bakken asked City Attorney Bauer whether the applicant could request to bring a future application forward reducing the number of lots and compliance with R-1 standards. City Attorney Bauer stated the Council must act on the application before it, but if the Council denied the application, there would be a limitation on how soon the applicant could return with a new application. The applicant could alternatively choose to withdraw the application. Mayor Maguire called for public comment. Hearing none, the Mayor returned the conversation to Council. The Mayor stated the variance related to the cell phone tower was understandable, but the variances requested for lot sizes and widths did not align with the Council’s views on these items in the past. Adding the difficulties in street grade were on the northeast portion of the property, and relief is not justified in the southern portion of the property. The Mayor suggested the applicant approach Rosemount regarding possibilities to incorporate the 2 acres as part of the development. Councilmember Hansen stated the applicant’s concerns seemed to be economic in nature. Councilmember Fields suggested the applicant work with the City of Rosemount to consider stubbing Dodd Road [extension] to allow for additional lots, but Dodd Road should not connect to 120th Street. City Attorney Bauer suggested an access restriction easement could be utilized. Mayor Maguire indicated Council was unlikely to act on the variances [for lot width and size] and asked the applicant if he wanted to continue. The applicant stated he would prefer to continue it and work on revising the plat. City Planner Schultz suggested July 19 as a suitable meeting date to continue the item. Councilmember Bakken moved, Councilmember Hansen seconded a motion to continue the item to the July 19 meeting. Aye: 5, Nay: 0. Motion carried. VIII.LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. IX.ECONOMIC DEVELOPMENT AUTHORITY There were no EDA items. X.ADMINISTRATIVE AGENDA There were no items for the Administrative Agenda. City Council Meeting Minutes June 21, 2022 Page 7 XI.VISITORS TO BE HEARD There were no visitors to be heard. XII.CLOSED SESSION There were no items for closed session. XIII. ADJOURNMENT Councilmember Hansen moved, Councilmember Fields seconded a motion to adjourn. Aye: 5, Nay: 0. Motion carried. The meeting was adjourned at 9:25 p.m. ______________________ Date ______________________ Mayor ______________________ City Clerk July 5, 2022