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12/06/2022 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota December 6, 2022 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, December 6, 2022, at 6:30 p.m. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen, and Supina. Also present: City Administrator Miller, City Attorney Bauer, Community Development Director Hutmacher, Finance Director Feldman, Assistant Finance Director Foiles, and City Planner Schultz. I.ADOPT AGENDA Councilmember Hansen moved, Councilmember Bakken seconded a motion to adopt 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 November 15, 2022 Regular City Council Meeting. B.Personnel Items: 1.It was recommended to approve the hiring of Nicholas Evangelist, Utility Maintenance Worker. 2.It was recommended to approve the hiring of Nestor Moreno Olivera, Utility Maintenance Worker. 3.It was recommended to approve the hiring of Andrew White, Parks Maintenance Worker. 4.It was recommended to approve the hiring of a Parks Maintenance Worker, to be named at a future City Council meeting. 5.It was recommended to authorize the replacement of Recreation Supervisor position with Recreation Programmer. 6.It was recommended to accept the resignation of Barbara Showalter, part-time Guest Services Specialist and authorize replacement with full-time benefited position. 7.It was recommended to approve the revisions to the Employee Handbook. 8.It was recommended to approve the promotion of Nate Miller from Fire Fighter to Fire Captain and authorize replacement. 9.It was recommended to approve the hiring of the following part-time recurring and seasonal employees: •Amanda Hara Guest Services Rep City Council Meeting Minutes December 6, 2022 Page 2 • Colby Sorensen Rink Attendant • Derek Vergin Rink Attendant • Zachary Wollack Rink Attendant • Corey Gallagher Rink Attendant • Kathryn Bonley Rink Attendant • Ethan Wollack Rink Attendant • Logan Kolehmainen Rink Attendant • Jack Bosshardt Rink Attendant • Jake Kemper Rink Attendant • Rowen Phillips Rink Attendant • Jacob Johnson Rink Attendant • Alex Prentice Rink Attendant • Tyler Syring Rink Attendant • Mina Jansma Rink Attendant • Kai Keilahn-Kinard Rink Attendant • Keaton Orrey Rink Attendant • Daniel Lachenmayer Rink Attendant • Michael Ferlita Rink Attendant C. It was recommended to ratify the check registers dated November 11, November 18, and November 25, 2022. D. It was recommended to approve the following ordinary and customary contracts: 1. Vendor Service Agreement with DJ Deco for Family Sweetheart Dance on February 10, 2023 2. Vendor Service Agreement with Joshua Berwald for DJ Services at Frosty Festival on January 20, 2023 3. Sponsorship Agreement with Landmark Tours 4. Sponsorship Agreement with Dr. Jennifer Eisenhuth Orthodontics 5. Agreement with Becker Arena Products for purchase of dasher boards at Civic Arena 6. Ice time agreements for Civic Arena E. Item pulled from agenda. F. It was recommended to adopt a resolution approving the updated Dakota County All Hazard Mitigation Plan. G. It was recommended to approve a contract with The Davenport Group USA, Ltd. for the acquisition of LAMA SaaS (Software as a Service) and Professional Services Agreement H. It was recommended to approve an amendment to an existing Joint Powers Agreement with the State of Minnesota, which will allow the City to continue seeking reimbursement for investigative overtime, training and equipment related to crimes committed over the internet. I. It was recommended to approve 2023 Vehicles, Equipment and Facilities Renewal & Replacement (R&R) Budgets from the 2023-2027 Vehicles, Equipment and Facilities Capital Improvement Plans (CIPs). J. It was recommended to approve the proposed 2023 Enterprise Fund budgets for Public Utilities (Water, Sanitary Sewer, Street Lighting, and Storm Drainage/Water Quality), Cascade Bay, Civic Arena, and Community Center. K. It was recommended to approve the 2023 budget for the following Special Revenue Funds: • Tree Mitigation Fund City Council Meeting Minutes December 6, 2022 Page 3 •Housing Fund •DWI Forfeiture Fund •Cedar Grove Parking Garage Fund •Minnesota Investment (MIF) Revolving Loan Fund •Cable TV Franchise Fees Fund •E-TV Fund L.It was recommended to review and ratify the Board-adopted 2023 ECVB budget and marketing priorities. M.It was recommended to approve Change Order 1 and final payment for Contract 22-05, Rahn Park Trail Connection, in the amount of $153,385.65 to Max Steininger, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. N.It was recommended to acknowledge the completion and authorize perpetual City maintenance, subject to warranty provisions, of City Private Projects 18-A (Summerbrooke) and 18-B (Summerbrooke 2nd Addition). O.It was recommended to approve the plans and specifications for Contract 22-22 (Holland Lake Storm Sewer Lift Station - Rehabilitation) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, January 5, 2023, via an electronic bid site. P.It was recommended to receive the petition to vacate public drainage and utility easements on Lot 1, Block 1, Park Center 7th Addition, Park Center/ 2nd/5th/6th Additions and Cliff Lake Centre and schedule a public hearing to be held on January 3, 2023. Q.It was recommended to direct preparation of an ordinance amendment to City Code Chapter 11, Section 11.70, Subdivisions 12 and 13, removing specific monetary amounts and replacing with reference to adopted fee schedule. R.It was recommended to approve a waiver regarding the duration of the Viking Lakes Winter Skolstice special event permit, operating from January 6 to February 19. S.It was recommended to approve a Professional Services Agreement with Bolton & Menk for the Northwest Central Commons Small Area Plan. T.It was recommended to approve an Agreement for assisting in OCDETF investigations, strategic initiatives and prosecutions and approve the use of overtime by the state and local agencies. U.It was recommended to appoint Redpath and Company as the auditor of the City’s annual financial statements and approve the Engagement contract to perform audit services for the fiscal year 2022. IV.PUBLIC HEARINGS 2023 Budget & Tax Levy Administrator Miller introduced the item and invited Finance Director Feldman to present additional information. Director Feldman shared presentation slides and outlined the City’s budget calendar. The proposed 2023 budget is $48,321,800, representing a 6% increase in the tax levy. Director Feldman provided some narrative on the recent trend that has shifted the tax burden from commercial to residential property and presented a comparison in taxes with area cities. Mayor Maguire opened the public hearing and called for members of the public wishing to speak on the 2023 Budget and Tax Levy. City Council Meeting Minutes December 6, 2022 Page 4 One resident was in attendance and addressed the Council with concerns about their property valuation. Mayor Maguire responded that the Dakota County Assessor’s Office was responsible for determining property valuations, and the resident should contact them for information about possibly appealing the valuation if desired. Another resident addressed the Council with a question about the shift in tax burden from commercial to residential properties. Councilmember Bakken provided clarification on the changing market values of residential and commercial properties, and the mechanism for determining tax burden based on the State’s tax classification and the County’s valuation of properties. Mayor Maguire called for additional public input. Hearing none, the Mayor returned the conversation to the Council for additional discussion and motion. Councilmember Supina moved, Councilmember Fields seconded a motion to close the public hearing and approve the 2023 General fund budget of $48,321,800 and approve adopting a resolution adopting the final 2023 general levy of $45,662,638. Aye: 5, Nay: 0. Motion carried. 2023 Fee Schedule Administrator Miller introduced the item and invited Assistant Finance Director Foiles to present additional information on the 2023 Fee Schedule. Assistant Director Foiles gave an overview on changes to the fee schedule which included changes to building, mechanical, and plumbing permit fees. Also included was an increase in utility rates, small brewer off-sale liquor licenses, street and trail assessment rates, and false alarm fees. Mayor Maguire opened the public hearing and called for members of the public wishing to speak on the 2023 Fee Schedule. Hearing none, the Mayor returned the conversation to the Council for additional discussion and motion. Councilmember Fields moved, Councilmember Hansen seconded a motion to close the public hearing and adopt a resolution approving the 2023 Fee Schedule establishing fees for various City services, supplies and materials. V.OLD BUSINESS There were no items for Old Business. VI.NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT – Hope Breakfast Bar / Brian Ingram – 1012 Diffley Road City Administrator Miller introduced the item and invited City Planner Schultz to provide additional information. City Council Meeting Minutes December 6, 2022 Page 5 City Planner Schultz provided a location map and presentation of the requested Planned Development Amendment to add a patio comprising of more than 24 seats within 200 feet of residential. Schultz noted three residents attended the public hearing held before the Advisory Planning Commission and voiced concerns of noise and smells regarding the patio addition. The applicant was present for questions. Mayor Maguire inquired of the shared parking arrangement within the shopping center, if staff was comfortable with the amount of parking, and the minimum parking required for the restaurant and patio. City Planner Schultz explained there is a reciprocal agreement that allows shared parking across all five properties of the shopping center. Schultz noted the restaurant and patio would require a total of 37 parking stalls. Planner Schultz also explained Code allows for shared parking when off-peak use is demonstrated, which would occur with this user. Staff believes the existing parking is sufficient for the businesses in the area. Councilmember Supina inquired about use of a speaker system. City Planner Schultz noted the applicant is proposing the use of a speaker, adding City Code does stipulate how audible the speaker may be. Mayor Maguire inquired if there are any restrictions on the two existing patios within the shopping center. City Planner Schultz stated he wasn’t aware of any restrictions on those two patios. However, the Eagan Arms patio has a 10 p.m. limit and restriction on use of amplified music. Mayor Maguire inquired if staff has received any noise complaints regarding the existing patios within the shopping center. Chief New stated no complaints have been received to his knowledge. Mayor Maguire called for public comment on the item. Hearing none, the Mayor returned the conversation to Council for additional discussion and motion. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to allow an outdoor patio comprising of more than 24 seats and sale of on- sale liquor, both in conjunction with a restaurant located at 1012 Diffley Road, subject to the conditions listed in the APC Minutes. Aye: 5, Nay: 0. Motion carried. Subject to the following conditions: 1.An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder’s office. The following exhibits shall be made part of the Agreement: • Site Plan • Floor Plan City Council Meeting Minutes December 6, 2022 Page 6 • Landscape Plan • Elevation Plan 2. The outdoor dining area is subject to City Code requirements. The applicant shall submit an outdoor dining patio plan, to scale, with fence and seating details to Building Inspections for approval prior to installation of the patio along with the Building Permit for the interior tenant improvement plan. 3. Hours of operation shall be restricted to the hours of operation within the principal restaurant’s interior space with the patio not opening before 7:00 a.m. 4. Any use of an outdoor sound system shall be subject to City Code standards for amplified sound, including that it may not be plainly audible at a distance of 50 feet or more and shall not be used after 10:00 p.m. 5. The outdoor dining area shall be kept in a clean and orderly manner. No food or beverages may be stored outdoors, unless a suitable means for such storage has been reviewed and approved by the City. 6. The outdoor dining area shall conform to all fire and building codes related to the number and types of exits that are required. 7. The restaurant establishment shall have an on-sale alcohol license that specifically includes and permits the sale or service of alcoholic beverages in the outdoor dining area. All regulations in chapter 5 of the City Code shall apply and compliance shall be met. 8. The Elevation Plan shall be modified to include a glass panel overhead door. 9. The wall signs shall be subject to both City Sign Code standards and the Planned Development Agreement. 10. A Sign Permit shall be required prior to sign installation. 11. The applicant shall be responsible for obtaining a SAC (sewer availability charge) determination and payment of associated fees. 12. The applicant shall enter into an encroachment agreement for any permanent structures located in an easement, in a manner acceptable to the City Attorney. 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. X. VISITORS TO BE HEARD There were no visitors to be heard. City Council Meeting Minutes December 6, 2022 Page 7 XI.ADJOURNMENT Councilmember Hansen moved, Councilmember Fields seconded a motion to adjourn. Aye: 5, Nay: 0. Motion carried. The meeting was adjourned at 7:00 p.m. ______________________ Date ______________________ Mayor ______________________ City Clerk December 20, 2022