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01/16/2024 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota January 16, 2024 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, January 16, 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, and City Planner Schultz. 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 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 Regular City Council minutes from January 2, 2024. B. Personnel Items: 1. It was recommended to approve the change of status of Elaine Fung from part-time Clerical Tech in the Parks and Recreation Department and authorize replacement of part-time position. 2. It was recommended to approve the Memorandum of Agreement regarding 2024 wages between the City of Eagan and Law Enforcement Labor Services Local #170 – Police Officers Unit. 3. It was recommended to accept the resignation of Jeffrey Clements, Senior Producer Video/Digital Content and authorize replacement. 4. It was recommended to approve the promotion of Andrew Gillquist from Pathways to Policing – Police Trainee to Police Officer. 5. It was recommended to approve the promotion for the position of Fire Battalion Chief, to be named at a future City Council meeting. 6. It was recommended to approve the hiring of the following part-time recurring and seasonal employees: • Sabastian Arroyo Basketball Scorekeeper • Kailie Kennedy Recreation Assistant • Michelle Mikesell Skate Instructor C. It was recommended to ratify the check registers dated January 5, 2024. D. It was recommended to approve the following ordinary and customary contracts: 1. Sponsorship agreement with Metropolitan Pediatric Dental Associates 2. Sponsorship agreement with Minnwest Bank for the following 2024 events: Big Rig Rally, Theater in the Park, and Senior Expo City Council Meeting Minutes January 16, 2024 Page 2 3. Vendor Service Agreement with Andrew Spofford for Volunteer Dinner on April 11, 2024 4. Service Agreement with Verbal Judo Institute to provide staff training 5. Addendum to current Services Agreement with Quisitive formally known as Catapult to provide Microsoft solutions construction Management Agreement with RJM for services on the ECC Reinvestment Project E. It was recommended to adopt a resolution to accept the following donations: • The following Donations for the Parks & Recreation Fee Options Program: o H&U Construction-$200 o Bill Kuhn-$20 o Jacob August Lynch-$15 o Cyndia Thimsen-$5 o Clara Wu-$5 • $100 to the Eagan Fire Department from Paul Helgerson. Mr. Helgerson expressed gratitude for the Fire Department's extra help after he and other residents were displaced following the Ironwood fire. Funds will be deposited into 1221.4663 for accounting purposes. F. It was recommended to receive the Draft Feasibility Report for Project 1489 (Dodd Road/Red Pine Lane/Sienna/Manley/Natures/Woodland/Piney/Finch - Street Improvements) and schedule a public hearing to be held on February 20, 2024. G. It was recommended to receive the Draft Feasibility Report for Project 1543 (Wilderness Park 2nd – Street Improvements) and schedule a public hearing to be held on February 20, 2024. H. It was recommended to receive the Draft Feasibility Report for Project 1545 (Norwest Court – Street Improvements) and schedule a public hearing to be held on February 20, 2024. I. It was recommended to Receive the Draft Feasibility Report for Project 1546 (River Hills/Cinnamon Ridge 3rd & 4th - Street Improvements) and schedule a public hearing to be held on February 20, 2024. J. It was recommended to receive the Draft Feasibility Report for Project 1549 (Eagan/Sibley/Terminal Industrial Park/Yankee Doodle Road/Yankee Place - Street Improvements) and schedule a public hearing to be held on February 20, 2024. K. It was recommended to receive the Draft Feasibility Report for Project 1550 (Coachman Road/Terra Glen – Street Improvements) and schedule a public hearing to be held on February 20, 2024. L. It was recommended to receive the Draft Feasibility Report for Project 1550 (Coachman Road/Terra Glen – Street Improvements) and schedule a public hearing to be held on February 20, 2024. M. It was recommended to approve Change Order No. 1 for Contract 23-04 (Central Maintenance Facility – Fuel System Upgrade) and authorize the Mayor and City Clerk to execute all related documents. N. It was recommended to approve the plans and specifications for Contract 24-11 (Sanitary Sewer and Storm Sewer –Pipe Lining) and authorize the advertisement for a bid opening to be held at 11:00 a.m. CST on Thursday, February 8, 2024, electronically via QuestCDN. O. It was recommended to accept the 2024 Minnesota Department of Public Safety grant for $660,000 on behalf of the Dakota County Drug Task Force. City Council Meeting Minutes January 16, 2024 Page 3 P. It was recommended to approve a manager change of the On-Sale Liquor License issued to Olive Garden Holdings, LLC doing business as Olive Garden Italian Restaurant #6454 located at 3290 Central Park Village Drive. Q. It was recommended to approve Change Order No. 3 for City Project 1556 (Goat Hill Pavilion), City Contract 23-18 (PEMB Erection) and authorize Mayor and City Clerk to execute all related documents. R. It was recommended to waive the fees for special event permit, Eagan Community Center rental and outdoor parks area rental. S. It was recommended to waive the fees for special event permit, Eagan Community Center rental and outdoor parks area rental. V. 2024 CALENDAR YEAR ORGANIZATIONAL BUSINESS ACTING MAYOR City Administrator Miller stated Minnesota Statute requires a member of the City Council be appointed as Acting Mayor to preside in the absence of the mayor at Council meetings and other events as needed. Ms. Miller noted Councilmember Bakken is next in the rotation for the position of Acting Mayor. Councilmember Fields moved, Councilmember Supina seconded a motion to appoint Councilmember Bakken as acting mayor in 2024. Aye: 5, Nay: 0. Motion carried. OFFICIAL LEGAL NEWSPAPER City Administrator Miller explained the City’s obligation to designate a legal newspaper, and stated proposals were received from the St. Paul Pioneer Press and the Burnsville/Eagan SunThisWeek. Staff’s recommendation is to continue designation of the St. Paul Pioneer Press. Councilmember Bakken moved, Councilmember Fields seconded a motion to designate the St. Paul Pioneer Press as the City of Eagan’s official legal newspaper. Aye: 5, Nay: 0. Motion carried. CITY DEPOSITORIES City Administrator Miller stated the City currently utilizes Old National Bank for its demand deposit (checking) accounts and US Bank Trust for settling investment purchases and maturities. Staff’s recommendation is to designate Old National Bank and US Bank as the City’s depositories. Councilmember Hansen moved, Councilmember Bakken seconded a motion to designate Old National Bank and US Bank Trust as the City’s depositories. Aye: 5, Nay: 0. Motion carried. CITY COUNCIL MEETING DATES City Administrator Miller stated the Council meeting schedule would remain consistent, with regular meetings held on the first and third Tuesday of each month, and special meetings held on the second Tuesday of each month. The meeting schedule is proposed to be modified to allow residents to participate in elections, community events, and religious observances with an eye towards equity and inclusion. A proposed meeting schedule was included in the packet. City Council Meeting Minutes January 16, 2024 Page 4 Councilmember Bakken stated he has a conflict with the March 4 proposed meeting date. Administrator Miller stated staff do their best to manage agenda items to avoid scheduling controversial or complex items when a Councilmember will be absent. Mayor Maguire recommended the Council keep with the date as proposed and that staff seek to manage the agenda accordingly. Councilmember Fields moved, Councilmember Supina seconded a motion to approve the Proposed Regular & Special City Council Meeting Dates for January 2024-January 2025. Aye: 5, Nay: 0. Motion carried. CITY COUNCIL MEETING PROCEDURES Administrator Miller explained the Council has in the past adopted Roberts Rules of Order to govern all business conducted at regular City Council meetings. It has also been the practice of the City Council to require that two members of the City Council to make a request of the City Administrator that an unscheduled item be added to a City Council meeting agenda. Ms. Miller asked that if it is the Council’s understanding that this again be the practice for 2024, formal ratification of the policy be made. Councilmember Supina moved, Councilmember Fields seconded a motion to acknowledge Robert’s Rules of Order as the means to conduct official business at all regular City Council meetings and approve the guidelines for public participation in City Council meetings, and to formally ratify the practice that at least two members of the City Council must make a request to the City Administrator to place an item on an upcoming City Council agenda. Aye: 5, Nay: 0. Motion carried. COUNCIL STANDING COMMITTEE AND REPRESENTATIVE APPOINTMENTS Councilmember Bakken moved, Councilmember Fields seconded a motion to approve Council Standing Committee, Advisory Commission, and Intergovernmental Committee appointments, and other committee representation for 2024. Aye: 5, Nay: 0. Motion carried. VI. PUBLIC HEARINGS There were no public hearings. VII. OLD BUSINESS There were no items for old business. VIII. NEW BUSINESS CONDITIONAL USE PERMIT and VARIANCE - Tierra Encantada – Kristin Denzer - 3380 Coachman Road City Administrator Miller introduced the item and invited City Planner Schultz to provide additional information. City Planner Shultz presented a staff report and site map regarding the proposal. The applicant, Kristin Denzer, was present for questions. Councilmember Supina inquired about delivery and trash hauler trucks on the site. City Planner Schultz showed the anticipated traffic flow of trucks on the site plan. City Council Meeting Minutes January 16, 2024 Page 5 City Planner Schultz responded to a question from Mayor Maguire regarding ingress/egress to the site and illustrated the movement of vehicles on the site plan. Councilmember Supina suggested the applicant consider a parking layout that would allow vehicles to loop around the opposite direction to avoid crisscrossing. City Planner Shultz responded the applicant would need to explore feasibility of this suggestion with neighboring properties. Mayor Maguire called for members of the public to comment on the proposal. Hearing none, the mayor returned the conversation to Council for additional discussion and motion. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow a child daycare upon the property located at 3380 Coachman Road, legally described as Lot 1, Block 1, B.B.D. 2nd Addition, subject to the conditions listed in the APC minutes. The applicant responded to a question from Councilmember Supina regarding delivery vehicles on the site. The applicant stated they did not anticipate any problems and that any delivery vehicles that would be visiting the site would fit into the existing parking stalls shown on the site plan. Mayor Maguire called for a vote. 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 a 12,126 square foot two-story childcare center consistent with the Site Plan dated November 17, 2023. 3. The applicant shall provide evidence of the private cross-easement agreement for ingress/egress and shared parking, in a form acceptable to the City Attorney, and the agreement shall be recorded against the property. 4. 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. 5. All signage shall comply with City Code. 6. The applicant shall submit a revised Planting Plan to identify Mitigation tree planting locations clearly. 7. Per ordinance, the applicant shall ensure the survival of preserved trees via a) Performance Guarantee in the amount of $25.00 per diameter inch of all trees within fifteen feet of the construction zone and b) 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. The performance guarantee calculates to $1,050 and accounts for three trees totaling diameter inches. The performance guarantee shall be received prior to the issuance of any land disturbance permit. 8. 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. 9. 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, City Council Meeting Minutes January 16, 2024 Page 6 shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 10. 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 1.1-inch Volume Control/water quality equivalent, 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). 11. The applicant shall provide adequately sized pre-treatment structures (e.g. four-foot minimum depth sump, 5-foot minimum diameter, with floatable skimmer hood, energy dissipation, etc.) at, or immediately upstream of, any underground stormwater retention and filtration facility inlet to provide for effective capture and easily-accessible cleanout of fine-sand sized particles and floatable pollutants. Pre-treatment structures shall be accessible by appropriate maintenance equipment. Details shall be included in applicable plan sheet(s) using Eagan Standard Detail Plate E231. 12. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide and include in the plan set all underground stormwater retention and filtration system details, including that a) unobstructed physical access via manhole will be provided to the underground retention and filtration system for inspection and maintenance, b) cross-sections and elevations of pipe/chamber network. Notes shall be provided that grading and utility contractor(s) shall provide 24-hours advance notice to City Water Resources staff of any grading or utility work involving the proposed underground retention and filtration system, including excavation, installation of pre-treatment structures, inlets, outlets, sump skimmer hoods, etc. Shop drawings related to the underground stormwater retention and filtration system must be provided to the City for review before installation. 13. Prior to receiving city approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies in the plan set for City review, and acceptance by the City Engineer, that provide graphical details and notes on soil protection/restoration in the Stormwater Management Plan and prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading Plan, Landscape Plan, etc.) and shall specify estimated quantities of soil ripping area and volume of compost to be imported and incorporated on pertinent plan sheet BMP Quantity Tables. Prior to receiving a Certificate of Occupancy for any affected construction, Soil Management Strategy implementation documentation (e.g. haul tickets, representative on-site soil samples, compaction testing and soil organic content test results) shall be provided to City Water Resources staff to verify approved soil management strategy compliance. Notes shall be provided that implementing contractor shall provide 24- hours advance notice to City Water Resources staff prior to implementation of soil loosening and amendment. Detail shall be included in applicable plan sheet(s) using Eagan Standard Detail Plate E800. 14. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a long- term stormwater management system maintenance agreement with the City, detailing the annual inspection and maintenance required to occur to ensure proper operation and performance of the private permanent stormwater management system, in a form acceptable to the City Attorney 15. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall demonstrate that all stormwater management practices are performing as intended and shall provide the City Engineer as-built plans meeting City requirements for as-built standard submittals that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (pretreatment sumps, underground City Council Meeting Minutes January 16, 2024 Page 7 stormwater retention and filtration system, etc.), including greenspace soil loosening & amendment prior to landscaping, conform to design and/or construction plans, as approved by the City. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 16. The existing sewer and water services that will no longer be used shall be disconnected from the system and either removed or abandoned in a manner acceptable to the City Engineer. 17. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 18. Signage prohibiting oversized vehicle parking shall be installed for all angled parking stalls. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow joint parking reducing the on-site parking requirements by 13 stalls for the property located at 3380 Coachman Road, legally described as Lot 1, Block 1, B.B.D. 2nd Addition, subject to the conditions listed in the APC minutes. 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 joint parking with one adjacent property, reducing the on- site parking requirements by 13 stalls, as depicted on the Site Plan dated November 17, 2023. 3. The applicant shall provide evidence of the private cross-easement agreement for ingress/egress and shared parking, in a form acceptable to the City Attorney, and the agreement shall be recorded against the property. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve of a Variance to allow a reduction of parking stall dimensions upon property located at 3380 Coachman Road, legally described as Lot 1, Block 1, B.B.D. 2nd Addition, subject to the conditions listed in the APC minutes. Aye: 5, Nay: 0. Motion carried. 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. This Variance allows parking stall dimensions as shown on the Site Plan dated November 17, 2023. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve of a Variance to allow a detached trash enclosure upon property located at 3380 Coachman Road, legally described as Lot 1, Block 1, B.B.D. 2nd Addition, subject to the conditions listed in the APC minutes. Aye: 5, Nay: 0. Motion carried. 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. This Variance allows a detached trash enclosure within the NB zoning district, as shown on the Site Plan dated November 17, 2023. 3. The enclosure shall be constructed consistent with City Code standards. Details of the trash enclosure shall be provided with the application for Building Permit. City Council Meeting Minutes January 16, 2024 Page 8 IX.OTHER BUSINESS X.LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE XI.ECONOMIC DEVELOPMENT AUTHORITY A meeting of the EDA was called to order for the purpose of discussing organizational business items for the year. XII.ADMINISTRATIVE AGENDA XIII. VISITORS TO BE HEARD XIV.ADJOURNMENT Councilmember Hansen moved, Councilmember Supina seconded a motion to adjourn. Aye: 5, Nay: 0. Motion carried. The meeting was adjourned at 7:12 p.m. ______________________ Date ______________________ Mayor ______________________ City Clerk February 6, 2024