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08/02/2023 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota August 2, 2023 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, August 2, at 6:30 p.m. Present were Mayor Maguire, Councilmembers Fields, Bakken, Hansen, and Supina. Also present: City Administrator Miller, City Attorney Bauer, Public Works Director Matthys, Community Development Director Hutmacher, City Planner Schultz, Parks & Recreation Director Pimental. II. ADOPT AGENDA Councilmember Hansen moved, Councilmember Fields seconded a motion to adopt the agenda as presented. Aye: 5, Nay: 0. Motion carried. III. RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. IV. CONSENT AGENDA Councilmember Bakken moved, Councilmember Supina seconded a motion to approve the Consent agenda. Aye: 5, Nay: 0. Motion carried. A. It was recommended to approve the minutes of the July 18 Regular City Council Meeting. B. Personnel Items: 1. It was recommended to approve the hiring of the following part-time recurring and seasonal employees: • Luke Holter Lifeguard • Hugh Burda Lifeguard • Bennett Dold Pool Attendant • Kate Teigland Pool Attendant • Barrett Hammerbeck Rec Program Specialist C. It was recommended to ratify the check registers dated July 14 & 21. D. It was recommended to approve the following ordinary and customary contracts: 1. Agreement with Hennepin Technical College for customized police training in the Pathways to Policing Cadet Program. 2. Sponsorship Agreement with Freeland Insurance Agency for 50+ Senior Expo on October 5, 2023 3. Sponsorship Agreement with Senior Helpers for Veterans Day Donuts on November 10, 2023 and 50+ Senior Holiday Lunch on December 18, 2023 E. It was recommended to approve a temporary on-sale wine and beer license to be issued to the Twin Cities Goodtime Softball League for the 2023 Gay Softball World Series to be held on August 29 through September 1, 2023 at Northview Park, 980 Northview Park Road, and Lexington/Diffley Athletic Fields, 4201 Lexington Ave S. City Council Meeting Minutes August 2, 2023 Page 2 F. It was recommended to approve an off-sale liquor license for Thao Xiong, LLC doing business as Black Diamond Liquor located at 525 Diffley Road G. Item pulled from agenda H. It was recommended to approve a resolution to temporarily extend the licensed premise of the On-Sale Taproom License issued to Bald Man Brewing, Inc. on August 19 and September 30 at 2020 Silver Bell Road Suite 25 I. It was recommended to approve a temporary one-sale liquor license and waive the license fee for Faithful Shepherd Catholic School’s SeptemberFest on September 22-23, 2023 at 3355 Columbia Drive. J. It was recommended to approve the general insurance renewal for the period of July 1, 2023 to July 1, 2024. K. It was recommended to schedule a public hearing for September 5, 2023 to consider final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. L. It was recommended to schedule a public hearing for September 5, 2023 to consider final assessment of the delinquent nuisance abatement bills and certify them to Dakota County for collection with property taxes. M. It was recommended to amend the 2023 Equipment Revolving Fund Capital Improvement Plan budget by $96,200 to replace A/V equipment in the Fire Station 2 Emergency Operation Center (EOC). N. It was recommended to amend the 2023 Equipment Revolving Fund Capital Improvement Plan by $16,700 to purchase a new ID badge printer and card access software upgrade. V. PUBLIC HEARINGS ORDINANCE AMENDMENT – City Code Chapter 12 Regarding a Moratorium for the Study of Cannabis Sales City Administrator Miller introduced the item. The Minnesota Legislature recently adopted legislation providing for the legalization of adult use cannabis. The legislation allows local units of government to adopt reasonable restrictions on the time, place, and manner of the operations of cannabis businesses. The proposed moratorium would allow the City to analyze the impact of the legislation in relation to existing ordinances and determine whether the City should place any restrictions on time, place, and manner of the operation. The moratorium will also allow time to review a model ordinance being prepared by the LMC that will speak to cannabis use in the community. City Attorney Bauer responded to a question from the Mayor regarding the end date of the moratorium. The moratorium would expire December 31, 2024. The moratorium would cover the duration of time prior to the State’s licensing of cannabis businesses. City Attorney Bauer added the City has the ability to end the moratorium earlier if it the Council chooses. Councilmember Hansen asked for clarification on whether the moratorium would apply to medical cannabis dispensaries. City Attorney Bauer confirmed it would not. Mayor Maguire opened the public hearing and called for public comment on the item. Hearing none, the Mayor returned the conversation to Council for additional discussion and motion. City Council Meeting Minutes August 2, 2023 Page 3 Councilmember Hansen moved, Councilmember Fields seconded a motion to close the public hearing and approve ordinance amendment to City Code Chapter 12 regarding a Moratorium for the Study of Cannabis Sales. Aye: 5, Nay: 0. Motion carried. VI. OLD BUSINESS There were no items for Old Business. VII. NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT – Donut Connection – Jon Eisness, Eagan Trace, LLC – 1095 Diffley Road City Administrator Miller introduced the item and invited City Planner Schultz to provide additional information. City Planner Schultz presented a location map and summarized the proposal. The applicant is requesting an amendment to the Planned Development, removing the 2,000 square foot limitation for restaurants, bakeries, coffee shops, and similar uses with seating. Scott Lucas was present representing the property owner. Mayor Maguire inquired on parking requirements. City Planner Schultz stated Donut Connection currently has 14 parking spaces based on the current tenant mix at the site. Staff believe this is sufficient to meet demand. Mayor Maguire inquired if the PD amendment were changed, whether another tenant could come into the site and further stress the parking availability. City Planner Schultz stated if another business came forward with an application, analysis would be conducted on the parking requirements to determine whether the demand could be met. In scenarios where properties are zoned PD, applicants must bring their request before Council to determine whether the Council is supportive of granting relief for the parking requirements. Mayor Maguire asked Mr. Lucas whether a cross-easement for parking had been considered with the neighboring property. Mr. Lucas stated he did not believe that was feasible due to the fluid nature of the neighboring property. Mayor Maguire called for members of the public to comment on the item. Hearing none, the Mayor returned the conversation to Council for additional discussion and motion. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Planned Development Amendment to remove the 2,000 square foot limitation for restaurant, bakery, coffee shop uses and to allow a 6:00 a.m. retail opening for a bakery, donut and coffee shop operation located at 1095 Diffley Road, legally described as Lot 3, Block 1, Soderholm Addition, subject to the conditions listed in the APC minutes. City Council Meeting Minutes August 2, 2023 Page 4 Mayor Maguire asked whether the property was accessed off Lexington Way. City Planner Schultz confirmed. The Mayor stated if additional requests came forward, he would recommend the business pursue cross-easement parking agreements. The Mayor called for a vote. Aye: 5, Nay: 0. Motion carried. 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder’s Office prior to issuance of a building permit. The following plans are required for the Agreement: a. Site Plan-Tenant Map dated July 7, 2023 2. All other terms of the Planned Development Agreement dated November 6, 1995, shall remain. 3. All parking generated by the subject site shall be provided on-site. Parking demand shall meet conditions of City Code. 4. The bakery and donut shop shall occupy the area designated on the Site Plan-Tenant Map dated July 7, 2023. 5. The bakery/donut shop’s retail operation shall have an opening time no earlier than 6:00 a.m. All other uses within the Planned Development remain subject to City Code requirements. 6. All production and deliveries associated with the bakery/donut shop shall be conducted from the front of the building (east side) opposite the residential area. 7. A building permit and mechanical permit will be required for site improvements. The bakery will be required to install a grease trap prior to occupancy. 8. A sign permit is required prior to installation of any sign, and signage is subject to all other requirements of the City Code. 9. Any dead or dying landscaping shall be replaced with appropriate species identified by the City Forester. CONDITIONAL USE PERMIT – CJ SPRAY – Chris Bryntesen, CJ Spray, Inc. – 2845 W. Service Road City Administrator Miller introduced the item and invited City Planner Schultz to provide additional information. Mr. Schultz provided a location map of the site. The applicant is seeking a new CUP to modify the storage under an existing CUP that was approved in 1988. The proposed storage area meets site setbacks and satisfies requirements for outdoor storage. The applicant was present for questions. Mayor Maguire called for members of the public to comment on the item. Hearing none, the Mayor returned the conversation to Council for additional discussion and motion. City Council Meeting Minutes August 2, 2023 Page 5 Councilmember Supina moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to allow outdoor storage of trailers, box trucks, storage drums, wood pallets, and various dumpsters, subject to the conditions listed in the Advisory Planning Commission (APC) minutes. Aye: 5, Nay: 0. Motion carried. 1. This Conditional Use Permit (CUP) shall be recorded at Dakota County within 60 days of approval by the City Council with the following exhibit: • Site Plan with latest revision date of July 5, 2023 2. This Conditional Use Permit shall replace any prior Conditional Use Permits for the property. 3. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. 4. The applicant shall install an opaque mesh fabric on the south chain link fence segment to improve screening of the westerly storage area from the right-of-way. 5. The on-site roll-off dumpsters that do not solely store wood scrap shall be covered/ sealed in accordance with the standards in City Code Section 10.01 to prevent precipitation from getting in and pollutants from draining out of the dumpsters and entering the storm sewer system. 6. The property owner shall submit a Planting Plan to replace the dead trees and revitalize landscaping on site, suitable to the City Forester, no later than December 1, 2023. The planting plan shall be implemented within one year of the CUP approval date. 7. Issuance of this conditional use permit does not imply an exemption from future tree preservation ordinance requirements. Future development is subject to conditions of the City of Eagan Tree Preservation Ordinance (City Code Section 11.70, Subd. 13) and must be satisfied prior to plan approval. CONDITIONAL USE PERMIT – Dart Transit – Jack Grotkin, RJ Ryan Construction, Inc. City Administrator Miller introduced the item and invited City Planner Schultz to provide additional information. The applicant is proposing to develop the property with an approximately 81500 square foot warehouse, as well as the outdoor storage of 26 closed box semi-trailers. Mr. Schultz stated the proposed site layout accommodates the existing wetland buffer and setbacks that are required. The applicant was present for questions. Councilmember Hansen inquired whether the trees on the perimeter of the property would remain in place. The applicant said the trees would be kept and additional trees were being planted to enhance screening. Mayor Maguire called for members of the public to comment on the item. Hearing none, the Mayor returned the conversation to Council for additional discussion and motion. City Council Meeting Minutes August 2, 2023 Page 6 Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow outdoor storage of 26 semi-trailers upon property located at the northeast corner of Yankee Doodle Road and Columbia Drive, based on the revised site plan presented at Council and subject to the conditions listed in the Advisory Planning Commission (APC) minutes with the revised site plan as demonstrated. Aye: 5, Nay: 0. Motion carried. 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 26 semi-trailers. Outdoor storage is limited only to those items in the locations and quantities indicated on the approved Site Plan dated June 30, 2023. 3. The property shall be replatted prior to issuance of a building permit. 4. The applicant shall provide an alternative emergency access lane in a design acceptable to the Fire Marshal, and the revised Site Plan provided prior to release of the Conditional Use Permit for recording. 5. If the City determines that some or all of the required parking is necessary, the proof of parking plan shall be implemented, and the owner will be compelled to remove the outdoor storage from the property to provide the required parking. 6. Any rooftop mechanical equipment shall be shown on the Building Elevations plan, and ground equipment shown on the Site Plan. The applicant shall demonstrate compliance with the screening requirements at the time of Building Permit application. 7. The applicant should demonstrate full compliance with the standards in the City Code at the time of Building Permit application. 8. The applicant shall submit a revised Landscape Plan that incorporates more evergreen materials among the foundation plants, distinguishes between landscape and mitigation trees both graphically and on the landscape schedule, and demonstrates compliance with the landscape standards fulfills the mitigation requirement in addition to required landscaping, which may be a combination of on-site mitigation planting and/or cash dedication. 9. Issuance of this conditional use permit does not imply an exemption from future tree preservation ordinance requirements. 10. Future development is subject to conditions of the City of Eagan Tree Preservation Ordinance (City Code Chapter 11, Section 11.70, Subd. 13) and must be satisfied prior to plan approval. 11. The applicant shall obtain a temporary construction easement or agreement with the neighboring property owners for any off-site grading, in a form acceptable to the City Attorney. City Council Meeting Minutes August 2, 2023 Page 7 12. The applicant shall either dedicate adequate right-of-way or provide an access easement or agreement over the driveway, to allow the neighboring property’s access to remain, in a manner acceptable to the City Attorney. 13. The applicant shall remove the public drainage and utility easement over the storm sewer serving property to the north, and provide a private easement or agreement to allow it to remain in a manner acceptable to the City Attorney. 14. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 15. This development shall comply with Eagan’s Land Disturbance Stormwater Pollution Prevention and Post-Construction Stormwater Management Requirements (City Code Section 4.34) for stormwater management and surface water quality, including land disturbance requirements, and Runoff Rate Control and water quality equivalent of 1.1-inch Volume Control, for effective treatment of the site’s impervious surface area (including effective soil remediation for all of the site’s disturbed soils that are to be revegetated greenspace). 16. This development shall comply with Eagan’s regulations for conservation easements, wetland buffers, and wetland buffer vegetation requirements, according to City Code Section 11.67. 17. Prior to receiving City approval to permit land disturbing activity, the applicant shall clarify location and details for the continued function of the existing storm sewer pipe to provide drainage along the north property line of the Addition, flowing south parallel to Columbia Drive and discharges into the wetland in the southwest corner of the project site. Pre-treatment shall be provided (e.g., 4-foot minimum depth sump, 5-foot minimum diameter, with floatable skimmer hood) prior to stormwater discharge into the stormwater wetland. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. IX. ECONOMIC DEVELOPMENT AUTHORITY There were no items for the EDA. X. ADMINISTRATIVE AGENDA There were no items for the Administrative Agenda. City Council Meeting Minutes August 2, 2023 Page 8 XI.VISITORS TO BE HEARD There were no visitors to be heard. XII.ADJOURNMENT Councilmember Hansen moved, Councilmember Supina seconded a motion to adjourn. Aye: 4, Nay: 0. Motion carried. The meeting was adjourned at 6:45 p.m. ______________________ Date ______________________ Acting Mayor ______________________ City Clerk August 15, 2023