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12/12/2023 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota December 12, 2023 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 12, 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, Public Works Director Matthys, City Engineer Gorder, and City Planner Schultz. II.ADOPT AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to adopt the agenda as presented. Aye: 5, Nay: 0. Motion carried. III.RECOGNITIONS AND PRESENTATIONS RECOGNITION of retirement of Police Officer Tracy Harrell after 29 years of service Chief Roger New shared remarks highlighting Officer Harrell’s 29-year career with the Eagan Police Department. The Council thanked Officer Harrell for his dedication and years of service. 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 November 6 Regular Meeting (revised minutes), November 14 Special Meeting, and November 21 Regular Meeting. B.Personnel Items: 1.It was recommended to approve the hiring of Thomas Schroers, Utility Maintenance Worker- Operations. 2.It was recommended to accept the resignation of Jennifer Hammer, Clerical Technician and authorize replacement. 3.It was recommended to accept the resignation of Dana Deutmeyer, Police Officer and authorize replacement. 4.It was recommended to approve the Memorandum of Agreement regarding 2024 wages between the City of Eagan and the Teamsters Local 320- Clerical Unit. 5.It was recommended to approve the bargaining agreement with the IAFF Local 5171 – Fire Fighter and Fire Captain Unit. 6.It was recommended to approve the hiring of the following part-time recurring and seasonal employees: •Xerraphim Indira ETV Production Crewmember •Madix Fulton Rink Attendant City Council Meeting Minutes December 12, 2023 Page 2 • Isaac Martin Rink Attendant • Jace Willy Rink Attendant • Nathan Defries Rink Attendant • Jacob Kemper Rink Attendant • Leighton Olson Rink Attendant • Lauren Wohletz Rink Attendant • Mina Jansma Rink Attendant • Lydia Jones Rink Attendant • Jacob Johnson Rink Attendant • Zachary Wollak Rink Attendant • Owen Zimmerman Rink Attendant • Edward Moore Rink Attendant • Elizabeth Graham Rink Attendant • Alexandra Swords Rink Attendant • Mia Dougherty Skate Instructor • Brandon Bayerkohler Winter Rec Program Assistant C. It was recommended to ratify the check registers dated November 17, 24, and December 1. D. It was recommended to approve the following ordinary and customary contracts: 1. MNSPECT, LLC for building inspection services in 2024 2. Purchase agreement with Lenco for the acquisition of a Police Emergency Response Vehicle utilizing the Houston Galveston Area Council Purchasing Consortium (payment will not be made until the 2024 American Rescue Plan Act (ARPA) Funding Plan is considered by Council). E. It was recommended to approve the 2024 Community Waste Abatement Grant Agreement. F. It was recommended to Approve City Contract 24-06, Structural Package for Eagan Art House (Project 1558) and award the contract to Bell Structural Solutions for the amount of $926,820.74 and authorize Mayor and City Clerk to execute all related documents. G. It was recommended to approve 2024 Vehicles, Equipment and Facilities Renewal & Replacement (R&R) Budgets from the 2023-2027 Vehicles, Equipment and Facilities Capital Improvement Plans (CIPs) and approve the ordering of certain vehicles identified in the 2025 CIP. H. It was recommended to approve the 2024 budget for the following Special Revenue Funds: • Tree Mitigation Fund • Housing Fund • DWI Forfeiture Fund • Cedar Grove Parking Garage Fund • Minnesota Investment (MIF) Revolving Loan Fund • Opioid Crisis Prevention Fund • Sustainability Fund • Cable TV Franchise Fees Fund • Eagan TV Fund I. It was recommended to review and ratify the Board-adopted 2024 ECVB Budget. J. 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 2023. City Council Meeting Minutes December 12, 2023 Page 3 K. It was recommended to approve an On-Sale and Sunday Liquor License for Firefly Hospitality Group, Inc doing business as Mason Jar Kitchen and Bar located at 1565 Cliff Rd. L. It was recommended to declare miscellaneous City property as surplus. M. It was recommended to approve a manager change of the Off-Sale Liquor License issued to SUPERVALU, Inc. doing business as Cub Liquors located at 1016 Diffley Road, Suite 800. N. It was recommended to approve professional services agreement with TKDA for planning and design improvements for the Eagan Community Center and authorize the Mayor and City Clerk to execute all related documents. O. It was recommended to approve Final Payment for Contract 21-15 (North and South Water Treatment Plants – Safety Improvements) in the amount of $127,698.15 to Municipal Builders, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. P. It was recommended to approve the American Rescue Plan Act (ARPA) Funding Plan. Q. It was recommended to approve the proposed 2024 Enterprise Fund budgets for Public Utilities (Water, Sanitary Sewer, Street Lighting, and Storm Drainage/Water Quality), Cascade Bay, Civic Arena, and Community Center. R. It was recommended to approve rescheduling an Old Business item scheduled for December 12, 2023, City Council agenda to the December 19, 2023, City Council agenda regarding an ordinance amendment to City Code Chapter 11 involving Residential Program Facilities and Residential Shelters. S. It was recommended to cancel a public hearing scheduled for December 12 to consider the ADA Transition Plan. T. It was recommended to approve amendment to AIA contract with JLG Architects for additional stormwater management design services for the amount of $10,400 for Eagan Art House (City Project 1558) and authorize Mayor and City Clerk to execute all related documents. V. PUBLIC HEARINGS ADOPT 2024 Budget and Tax Levy City Administrator Miller introduced the item and invited Finance Director Feldman to present additional information. Mayor Maguire opened the public hearing and invited members of the public to comment on the 2024 budget and tax levy. One member of the public spoke and raised concerns about a disconnect between the increase they experienced in taxes and the rate provided in the presentation. Hearing no additional comments, the mayor closed the public hearing and returned the conversation to Council. Director Feldman responded to questions from Councilmember Bakken and Mayor Maguire regarding the causes of the individual’s increased taxes. Mr. Feldman explained it could be due to rising valuation of the property and that he would be happy to speak with the individual after the meeting to learn more and address concerns. City Council Meeting Minutes December 12, 2023 Page 4 Councilmember Hansen moved, Councilmember Fields seconded a motion to close the public hearing, approve the 2024 General fund budget of $52,337,700, and approve a resolution adopting the final 2024 general levy of $48,833,469. Aye: 5, Nay: 0. Motion carried. ADOPT 2024 Fee Schedule City Administrator Miller introduced the item and invited Assistant Finance Director Foiles to present additional information. Mr. Foiles summarized key changes to the fee schedule that are proposed for 2024. Mayor Maguire called for public comment on the 2024 Fee Schedule. Hearing none, the mayor returned the conversation to Council for additional conversation and motion. Councilmember Fields moved, Councilmember Hansen seconded a motion to close the public hearing and adopt a resolution approving the 2024 Fee Schedule establishing fees for various City services, supplies and materials. Aye: 5, Nay: 0. Motion carried. VI. OLD BUSINESS There were no items for Old Business. VII. NEW BUSINESS APPROVE Project 1540, Duckwood Drive & Widgeon Way Intersection Traffic Control Modifications City Administrator Miller introduced the item and invited City Engineer Gorder to provide additional information. Mr. Gorder reviewed the history and existing conditions of the intersection. An intersection safety study was prepared at the direction of the City Council. The Public Works Committee reviewed the study in September and recommended removal of the stop signs on Duckwood Drive along with the installation of raised concrete center medians on Duckwood Drive. Removal of the stop signs and installation of the medians would occur in spring/summer 2024 if approved by the Council. Councilmember Supina inquired about the possibility of crosswalks being added in this intersection. Mr. Gorder responded that the Crosswalk Policy was applied to this intersection but due to the low volume of pedestrians, it did not meet the threshold needed to install pavement markings for a crosswalk at this time. Mr. Gorder added that its advisable to limit mid-block crosswalks as they can be less predictable for pedestrians to make judgements about vehicles stopping. Narrower lanes with the addition of a median will create a traffic calming effect to slow traffic at this intersection. Mayor Maguire called for public comment on the item. Juliet Parisi addressed the Council and inquired on the cost of painting a crosswalk and the cost of speed radar equipment, and the funeral and burial costs for a child. City Council Meeting Minutes December 12, 2023 Page 5 City Engineer Gorder responded the signage and pavement markings would average $5,000-10,000, but these improvements alone would not provide the traffic calming benefits of a median. Speed radar equipment cost in the $10,000-$15,000 range. The monitors do not tend to be effective in the long term after drivers see the signs as a fixture and are less compliant. Mayor Maguire acknowledged due to the Council’s lack of expertise in the area, the third question would be taken as rhetorical. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve Project 1540 Duckwood Drive and Widgeon Way Intersection Traffic Control Modifications. Aye: 5, Nay: 0. Motion carried. CONDITIONAL USE PERMIT – 3311 Terminal Drive / IDC, Peter Fooshe City Administrator Miller introduced the item and invited City Planner Schultz to provide additional information. Mr. Schultz provided a location map and described the request for a Conditional Use Permit to store construction materials outdoors at the address. The applicant, Peter Fooshe, was present and addressed the Council. Mayor Maguire called for public comment on the item. One resident addressed the Council and asked whether there would be continuous outdoor storage, and number of trucks coming onto the site to transport materials. The resident added concerns about traffic. Mr. Schultz addressed the questions by noting the zoning district was I-1, which allows outdoor storage through review of a CUP. The CUP does not regulate the volume of trucks that would be used to transport the materials. Mr. Schulz responded to a question from Council and confirmed that every Industrial-zoned property allows outdoor storage by conditional use permit. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow outdoor storage of construction materials on property located at 3311 Terminal Drive, legally described as Lot 1, Block 1, Transport America Addition, subject to the conditions listed below. 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. The outdoor storage of building materials, including but not limited to shingles, sheathing accessories and fixtures as depicted on the approved Site Plan dated 10/26/23. 3. A manual gate padlock shall be provided in a manner acceptable to the Fire Chief to provide access to the parking lot and rear of the building for public safety purposes. City Council Meeting Minutes December 12, 2023 Page 6 4. All drive aisles shall be maintained free of obstruction. 5. A zoning permit shall be approved prior to installation of the fence. 6. The mesh/slats shall be regularly maintained and kept in premium condition. 7. There shall be no storage of any kind, loading or unloading that occurs on the city street and/or within public right-of-way. 8. 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 May 1, 2024. The planting plan shall be implemented within one year, corresponding with the approval date of the CUP. 9. Issuance of a conditional use permit does not imply an exemption from future tree preservation requirements. 10. Future development shall be subject to conditions of the City of Eagan Tree Preservation Ordinance (City Code Chapter 11, Section 11.70, Subdivision 13) and shall be satisfied prior to plan approval. PRELIMINARY SUBDIVISION AND FINAL SUBDIVISION – Peaceful Heights Third Addition – 2180 Glory Drive City Administrator Miller introduced the item and invited City Planner Schultz to provide additional information. Mr. Schultz provided a location map and described the request for a preliminary and final subdivision to create one lot and an outlot at the address. Mayor Maguire invited the applicant to speak if desired. George Lomar, representing Peace Church, addressed the Council and thanked the City for their collaboration on the project. Mayor Maguire called for public comment on the item. Seeing none, the mayor returned the conversation to Council for additional discussion and action. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Preliminary and Final Subdivision to create one lot and one outlot, upon approximately 12.7 acres located at 2180 Glory Drive, subject to the conditions listed below, and to authorize the Mayor and City Clerk to execute all related documents. Aye: 5, Nay: 0. Motion carried. 1. The property shall be platted. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve that the City’s acquisition of the property is consistent with the Comprehensive Guide Plan designation of Quasi Public. Aye: 5, Nay: 0. Motion carried. The Council recessed for 15 minutes prior to item D and reconvened at 8:00pm. City Council Meeting Minutes December 12, 2023 Page 7 COMPREHENSIVE GUIDE PLAN AMENDMENT – Johnson Brothers Liquor Company – 3535 Blue Cross Road Mayor Maguire introduced the item and provided opening comments regarding the public process and summarized the broader office real estate trends in the Twin Cities as it related to Eagan. City Administrator Miller introduced the item and invited City Planner Schultz to provide additional information. Mr. Schultz shared a location map and summarized the request to amend the land use designation from Major Office to Industrial. Mr. Schultz discussed the review process for the request which would require completion of an Environmental Assessment Worksheet and review by the Metropolitan Council. Bill Katter with Interstate Development, on behalf of Johnson Brothers Liquor Company, was present and addressed the Council. Mr. Katter summarized the request as it has been refined since the project was initially discussed with City Council [informal concept review at September Special City Council meeting]. Michael Johnson, co-owner of Johnson Brothers Liquor Company, was present and addressed the Council. Mr. Johnson shared the history of the company and their philanthropic initiatives in the community. Andrew Johnson, vice president of Johnson Brothers, addressed the Council and provided street level renderings an early architectural rendering of the building and operational information regarding inbound and outbound truck deliveries. Mr. Johnson added the site plan was put together with the neighborhood and business in mind. Andrew Johnson responded to a question from Councilmember Bakken clarifying the hours of heavy truck traffic entering and leaving the site through the North entrance. [Semi] trucks would enter between 6:00 am and 2:30 pm. The smaller [box] trucks which would use the South entrance, outbound deliveries would occur between 5:00 am and 7:00 am, returning between 1:00 pm and 6:00 pm, Tuesday through Friday. Mr. Katter responded to a question from Mayor Maguire regarding the elevation of the soccer fields. Mr. Katter invited Jack Ammerman, Stantec Civil Engineer, to respond. Mr. Ammerman noted the proposed building elevation compared to elevations of the current office building and soccer fields, adding a geo-technical review is underway to determine moving dirt over to the current soccer fields. Community Development Director Hutmacher responded to a question from Mayor Maguire regarding the suitability of the site for residential uses. Director Hutmacher noted the land value is likely too high to justify single-family residential use and a proposal for medium or high-density would be more likely Staff believes the number of units would need to be on the higher end to maximize the value. Hutmacher clarified estimate cash values for park dedication under both use scenarios. Parks Director Pimental responded to a question from Mayor Maguire and reiterated the importance of the soccer fields as part of Eagan’s larger inventory of athletic fields. The option to purchase land elsewhere for the construction of soccer fields would likely be cost prohibitive, especially with the rough estimate of park dedication fees. City Council Meeting Minutes December 12, 2023 Page 8 Mr. Johnson responded to an inquiry from Councilmember Fields about the use of the soccer fields after the 15 years the developer stated they would retain them for community use. The developer would reassess the fields at that time and determine their need [for use of the property]. The Civil Engineer for the project responded to a question about the direction of truck traffic and how this would be managed. The applicant intends to design a driveway approach that would direct the traffic flow, similar to a porkchop island. City Attorney Bauer added, in response to a follow up question from the mayor, that the city could hold the developer responsible for implementing the design of the driveways as a condition of the development. Mayor Maguire called for public comment. In summary, 29 members of the public addressed the Council. Common themes of public comments included the following: • Concerns about transparency and communication about the proposal. Residents living beyond the 350-foot public notice area expressed a desire for better notification of the proposal. • Concerns that the proposal is not following the proper review process. • Traffic and access to the site. Questions were raised about the impact of the development on traffic, intersections, and existing roads. Concerns were raised about egress/ingress on the site and traffic impact on Highway 13 and Cedar Avenue, and whether it would be possible to restrict trucks to certain routes. • Concerns around declining property value. • Alternate site suggestions and inquiries as to why the Johnson Brothers warehouse could not be located on a different site in Eagan. • Environmental concerns including air and noise pollution, odor, and vehicle exhaust. • Concerns about the ability of trucks to climb hills and potential use of electric trucks. • Concerns were raised about the future of the property if the rezoning is approved and Johnson Brothers later goes out of business. • Outdoor storage and whether it would be allowed in the future. • Other preferred uses for the site in lieu of the proposal, including expanded use of the ECC, senior housing, or possible outdoor theater space. • Economic impact of the proposal, including whether the proposal would lead to a net gain in jobs and impact on tax revenue. Mayor Maguire asked City Administrator Miller to facilitate the answering of questions raised during the public testimony. City staff and the developer responded to questions. The Council shared closing comments and opinions before Mayor Maguire called for a motion. Councilmember Hansen moved, Councilmember Fields seconded a motion to direct staff to submit to the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation of approximately 55 acres from Major Office (MO) to Industrial (IND) upon property located at 3535 and 3545 Blue Cross Road, legally described as Lots 1, 2, and 3, Block 1, Blue Cross addition and unplatted 0.58 acres north of Blackhawk Road and east of State Highway 13. Aye: 4, Nay: 1 (Supina). Motion carried. City Council Meeting Minutes December 12, 2023 Page 9 VIII.OTHER BUSINESS There was no other business. IX.LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. X.ECONOMIC DEVELOPMENT AUTHORITY There were no items for the EDA. XI.ADMINISTRATIVE AGENDA There were no items for the Administrative Agenda. XII.VISITORS TO BE HEARD There were no visitors to be heard. XIII.ADJOURNMENT Councilmember Hansen moved, Councilmember Supina seconded a motion to adjourn. Aye: 5, Nay: 0. Motion carried. The meeting was adjourned at 12:30 a.m. ______________________ Date ______________________ Mayor ______________________ Deputy City Clerk January 2, 2024