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07/05/2022 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 5, 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, July 5, 2022, at 6:30 p.m. Present were Mayor Maguire, Councilmembers Hansen, Bakken, Fields, and Supina. Also present: City Administrator Miller, City Attorney Bauer, City Planner Schultz, and Public Works Director Matthys. 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 There were no recognitions or presentations. III. CONSENT AGENDA Councilmember Bakken 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 14, 2022 Special and the June 21 Regular City Council Meetings. B. Personnel Items: 1. It was recommended to approve the hiring of Jeremy Buszmann for the position of Police Officer. 2. It was recommended to approve the hiring of Martin Jensen for the position of Police Officer. 3. It was recommended to approve the hiring of Benjamin Romig for the position of Police Officer. 4. It was recommended to approve the transfer of Jennifer Boelter from Utility Billing & Special Assessment Accountant to Accountant I and authorize replacement. 5. It was recommended to accept the resignation of Loudi Rivamonte, Recreation Supervisor. 6. It was recommended to accept the separation of service with Jonathan Kemp, Fire Captain and authorize replacement with internal Fire Firefighter candidate to be named. In addition, authorize replacement of Fire Fighter to be named from the current eligibility list. 7. It was recommended to authorize the increase of hours for part-time Clerical Technician position in City Clerk’s office from 30 hours to 40 hours per week. 8. It was recommended to approve the hiring for the position of Fitness Coordinator, to be named at a future City Council meeting. City Council Meeting Minutes July 5, 2022 Page 2 9. It was recommended to approve the hiring of the following part-time recurring and seasonal employees: • Luke Wicklund Landscape Crew • McKenna Felty Lifeguard • Wille Greene Lifeguard • Ava White Lifeguard • Emily Toenges Lifeguard Sub • Rachael Kottke Manager on Duty- Arena • Joel Columbus PT Custodian • Julia Yaeger Skate Instructor C. It was recommended to ratify the check registers dated June 17, 2022, and June 24, 2022 as presented. D. It was recommended to approve the following ordinary and customary contracts: 1. Agreement with Twin Cities Premium Outlets for an event space for the 2022 Live Music and Market Series E. It was recommended to approve a resolution accepting the following donations: 1. $500 from Kor and Stephanie Kennelly for landscape materials at Trapp Farm Park 2. $5,000 from Thomson Reuters for the Youth Leadership Academy 3. $2,500 from Gopher Resource for the Youth Leadership Academy 4. $2,500 from MN Vikings for the Youth Leadership Academy 5. $500 from The Eagan Foundation for the Youth Leadership Academy F. It was recommended to approve Change Order No. 2 for Contract 21-28 (Gun Club Road Trunk Sanitary Sewer Extension) and authorize the Mayor and City Clerk to execute all related documents. G. It was recommended to receive bids for Contract 22-23 (Pond DP-13.2 Improvements), award a contract to Blackstone Contractors, LLC for the base bid in the amount of $42,929.03 and authorize the Mayor and City Clerk to execute all related documents. H. Item Pulled from Agenda I. It was recommended to approve the ninth amendment to the telecommunication lease agreement with Verizon, for upgrades on the Deerwood Reservoir and authorize the Mayor and City Clerk to execute all related documents. J. It was recommended to approve a resolution to temporarily extend the licensed premise of the On-Sale Liquor License issued to Ansari Brothers Inc, DBA Ansari’s Mediterranean Grill and Bar on August 27, 2022 at 1960 Rahncliff Ct. K. It was recommended to approve a resolution to change polling place designation for Precinct 15 and Precinct 18. IV. PUBLIC HEARINGS VACATE A PORTION OF Public Right-of-Way (Todd Avenue) Administrator Miller introduced the item and invited Director Matthys to provide additional information. Director Matthys explained the City had received a petition from a property owner requesting vacation of existing right-of-way on Todd Avenue adjacent to his property located south of Cliff Road and West of Highway 3. The connection of Todd Avenue to Highway 3 was removed as part of a 1995 agreement with MnDOT, but right-of-way was not vacated. City Council Meeting Minutes July 5, 2022 Page 3 Mayor Maguire invited the property owner to address the Council. Trinidad Uribe III, 4667 Tamie Avenue, was present and addressed the Council. Councilmember Fields inquired of Director Matthys why the right-of-way was not vacated at the time of the project. Director Matthys stated a vacation request came from the owner of the property to the south at that time. This request was to vacate the right-of-way in order to acquire the driveway portion built as a result of the street removal. Director Matthys stated the original right-of-way was dedicated as part of the development north of Todd Avenue and a vacation would not have automatically resulted in ownership by the owner of the south property. The right-of-way was left in place to protect the right to use the driveway by the south property owner. Attorney Bauer stated once vacated, the former right-of-way would be available to the property owner to the north. Bauer added if the property owner to the south was interested in acquiring the land, they would need to work with the property owner to the north to record a replat. Director Matthys stated as proposed, the vacation would only address right-of-way north of the driveway. Mayor Maguire invited members of the public to speak on the item. Hearing none, the Mayor returned the conversation to Council for further discussion and action. Councilmember Fields moved, Councilmember Hansen seconded a motion to close the public hearing and approve the vacation of a portion of right-of-way on Todd Avenue adjacent to the south property line of Lot 3, Block 4, Manor Lake 4th Addition. Aye: 5, Nay: 0; Motion carried. V. OLD BUSINESS INTERIM USE PERMIT – Minnesota Top Team – Jeremey Clark/Minnesota Top Team – 3500 Dodd Road Administrator Miller introduced the item and invited City Planner Schultz to present additional information. City Planner Schultz referenced materials in the packet, and noted the Council’s suggestion at the June 7, 2022 meeting that the applicant seek an Interim Use Permit rather than a Conditional Use Permit. Schultz noted the conditions for approval were revised to provide for an Interim Use Permit. The applicant was present but declined addressing the Council. Mayor Maguire inquired whether the nonconforming uses on the site would be remedied. City Planner Schultz confirmed the conditions for approval of the IUP would require that these items be cleaned up. Mayor Maguire called for members of the public to speak on the item. Hearing none, the Mayor returned the conversation to Council for further discussion and action. Councilmember Bakken moved, Councilmember Supina seconded a motion to approve a three-year Interim Use Permit to allow outdoor storage of two cargo container boxes on property located at 3500 City Council Meeting Minutes July 5, 2022 Page 4 Dodd Road, legally described as part of Lot 5, Loren Place, subject to the revised conditions listed in the staff report. Aye: 5, Nay: 0; motion carried. Subject to the following conditions: 1. The applicant shall locate the north property boundary and establish the required five-foot setback for outdoor storage from the north property line. 2. Outdoor storage shall be related to the principal use of the property and may include items such as the trailer and property maintenance equipment and shall be contained only within the space between the two container boxes. No items shall be stored north or east of the container boxes, or in the parking lot behind the building. 3. The two boats and other items unrelated to the business shall be removed by June 30, 2022. 4. The trailer shall be relocated to an acceptable spot within the subject site or moved off the property. 5. The applicant shall have the property surveyed to locate the lot lines and ensure activities and outdoor storage are contained within property boundaries and meet required setback, in particular the minimum five-foot setback from the north property line. 6. The two cargo containers shall be maintained in a well-kept manner, weathertight and free of substantial rust, with doors kept closed and latched. 7. An opaque fence shall be maintained on the west side of the storage area to screen the storage area from the public right-of-way. 8. Outdoor storage shall not exceed the height of the fence. 9. The applicant shall be allowed to continue to use the recycled bituminous asphalt storage area for a period of up to three years (June 2025), or until the storage building is constructed, whichever is first. 10. The applicant shall restore the storage area to turf if the outdoor storage is removed in the future. 11. If the storage continues longer than three years, the applicant shall pave the outdoor storage area with bituminous asphalt, and the five-foot minimum setback established from the west property line at that time. In this event, pavement installation shall be completed by September 1, 2025. 1. This Interim 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 2. The Interim Use Permit shall have a three-year term, and shall terminate on July 5, 2025. 3. Outdoor storage shall be related to the principal use of the property and may include items such as the trailer and property maintenance equipment, and shall be contained only within the space between the two container boxes. No items shall be stored north or east of the container boxes, or in the parking lot behind the building. 4. The two boats and other items unrelated to the business shall be removed by July 31, 2022. 5. The trailer shall be relocated to an acceptable spot within the subject site or moved off the property by July 31, 2022. 6. The applicant shall have the property surveyed to locate the lot lines and ensure activities and outdoor storage are contained within property boundaries and meet required setbacks, and establish the required five-foot setback for outdoor storage from the north property line. City Council Meeting Minutes July 5, 2022 Page 5 7. The two cargo containers shall be maintained in a well-kept manner, weathertight and free of substantial rust, with doors kept closed and latched. 8. An opaque fence shall be maintained on the west side of the storage area to screen the storage area from the public right-of-way. 9. Outdoor storage shall not exceed the height of the fence. 10. The applicant shall restore the storage area to turf when the outdoor storage is removed in the future. Mayor Maguire thanked the applicant for attending. VI. NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT – Twin Cities Premium Outlets EV Charging Stations – Chris Arroyo/Black & Veatch – 3965 Eagan Outlets Parkway Administrator Miller introduced the item and invited City Planner Schultz to present additional information. City Planner Schultz provided a site map and staff report. Planner Schultz noted the applicant is proposing to place the six electric vehicle charging stations within the west surface parking lot of the Twin City Premium Outlets. The applicant, Chris Arroyo with Black & Veatch was present and addressed the Council. Councilmember Fields inquired of the applicant why the west side of the site was selected as the location for the charging stations. Mr. Arroyo stated that because the chargers were Level 3, electrical boxes and a transformer would be needed near the charging site. The property owner may have thought the west side would create less of an impact to traffic and parking. Mayor Maguire inquired whether the handicap accessible site at the charging station would be enforceable. Planner Schultz stated it was unclear whether the designation would be required, but that the sites could be built in a way to conform with ADA standards. Mayor Maguire called for members of the public to speak on the item. Hearing none, the Mayor returned the conversation to Council for further discussion and action. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to allow installation of six Level 3 electric vehicle charging stations within the parking lot at Twin Cities Premium Outlets, located at 3965 Eagan Outlets Parkway, subject to the conditions listed in the APC minutes. Aye: 5, Nay: 0. Motion carried. City Council Meeting Minutes July 5, 2022 Page 6 Subject to the following conditions: 1. An Amendment to the Final 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 Plan • Landscape Plan 2. The charging stations shall be maintained in all respects, including operation of the equipment. A phone number or other contact information shall be displayed on the face of the battery charging station for reporting problems with the equipment or access to it. 3. No signage for the charging facility is allowed, including business, wall, or wayfinding signs. 4. Battery charging station outlets and connector devices shall be mounted to comply with applicable building codes and relevant Americans with Disabilities Act (ADA) requirements. 5. The applicant shall provide sufficient screening of the electrical equipment cabinets from the right- of-way in the form of an eight-foot-high composite fence in a brown color and landscaping. 6. Trash and recycling containers to be placed in the location of the EV charging facility if trash becomes a nuisance. 7. The applicant shall submit a revised Landscape Plan that includes a complete plant schedule. 8. The applicant shall submit a revised planting specification that conforms to MnDOT or ANSI planting standards per MnDOT Landscape Manual Ch. 4 or ANSI A300. 9. The applicant shall ensure the survival of preserved trees via protection of the tree’s critical root zones through the placement of required Tree Protective measures (i.e., orange colored silt fence or four-foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater. 10. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 11. The applicant shall provide a landscape assurance in the amount of $7,500 for landscape installation and a performance guarantee to ensure that preserved trees are adequately protected from construction damage. The assurance shall be held for one year following the completion of the project. 12. The digital display screens on the individual dispensers shall not exceed 173 square inches. 13. The applicant shall set the illumination relative to the ambient light levels such that it does not produce nuisance glare. VII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. VIII. ECONOMIC DEVELOPMENT AUTHORITY There were no EDA items. IX. ADMINISTRATIVE AGENDA There were no items for the Administrative Agenda. City Council Meeting Minutes July 5, 2022 Page 7 X.VISITORS TO BE HEARD There were no visitors to be heard. XI.CLOSED SESSION There were no items for closed session. XII.ADJOURNMENT Councilmember Hansen moved, Councilmember Fields seconded a motion to adjourn. Aye: 5, Nay: 0. Motion carried. The meeting was adjourned at 7:07 p.m. ______________________ Date ______________________ Mayor ______________________ City Clerk August 1, 2022