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08/05/2024 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota August 5, 2024 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Hansen and Supina. A regular Eagan City Council meeting was held on Monday, August 5, at 6:30 p.m. Present were Mayor Maguire, Councilmembers Bakken, Hansen and Supina. Also present: City Administrator Miller, City Attorney Bauer, Public Works Director Matthys, Community Development Director Hutmacher, and City Planner Dudziak. II.ADOPT AGENDA Councilmember Bakken moved, Councilmember Supina seconded a motion to adopt the agenda as presented. Aye: 4, 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: 4, Nay: 0. Motion carried. A.It was recommended to approve the minutes from the July 2, 2024, and July 16, 2024, City Council meetings. B.Personnel Items: 1.It was recommended to accept the resignation of Ashleigh Sullivan, Assistant to the City Administrator and authorize replacement. 2.It was recommended to approve the hiring of a Firefighter, to be named at a future City Council meeting. C.It was recommended to ratify the check registers dated July 12, July 19 and July 26. D.It was recommended to approve the following ordinary and customary contracts: 1.Service agreement with AVI for Service Block of Time 2.Contract agreement with Michael Birawer for art installation at Eagan Police Department in 2024 3.Amended State of Minnesota grant agreement for Pathways to Policing program 4.Service agreement with Trusted Metro Officials for adult basketball games referee services 5.Vendor agreement with Diane Zilverberg to provide entertainment at Eagan Market Fest 6.Vendor agreement with Badwolf Adventure Studios 7.Agreement with Piper Sandler, Investment Broker 8.Agreement with Independent School District 196 for Police Liaison Services City Council Meeting Minutes August 5, 2024 Page 2 9.Agreement with Microsoft Software Volume Licensing package for 2024-2027 10.Service agreement with Metro Volleyball Officials Association for adult volleyball games referee services E.Itwas recommended to adopt a resolution accepting the following donations: 1.$2,000 from Eugene Dreyster for a memorial bench at Blackhawk Park 2.$250 from an Eagan resident for the Police Department Shop with a Cop program 3.$5,000 from Thomson Reuters to support the Police Department’s Youth Leadership Academy—this is the fourth year the City has received this donation. F.Item removed from agenda. G.Item removed from agenda. H.It was recommended to approve a temporary on-sale liquor license and waive the license fee for Faithful Shepherd Catholic School’s SeptemberFest on September 20-21, 2024 at 3355 Columbia Drive. I.It was recommended to approve a temporary on-sale liquor license and waive the license fee for Church of St. Thomas Becket on September 14, 2024 at 4455 S. Robert Trail. J.It was recommended to approve Change Order No. 1 for Contract 23-13 (Pond EP-2 (North Lake) Outlet Control Structure Modifications) and authorize the Mayor and City Clerk to execute all related documents. K.It was recommended to receive the petition to vacate road easements on 1305 Towerview Road and 1317 Jurdy Road (Moonshine Park) and schedule a public hearing to be held on September 3, 2024. L.It was recommended to receive the quotes for Contract 24-18 (2024 Traffic Signal and Streetlight Painting) and award a contract to Bullfrog Industries, LLC, for the base quote in the amount of $28,144.50 and authorize the Mayor and City Clerk, to execute all related documents. M.It was recommended to acknowledge the completion and authorize perpetual City maintenance, subject to warranty provisions, of City Private Project 18-M (Manley Gun Club). N.It was recommended to authorize a variance to the Construction Activity Noise Regulations to exempt Bituminous Roadways, Inc. for the resurfacing of Cliff Road (County State Aid Highway 32), State Highway 13 to Interstate 35E, during the weeknight hours between September 15 and September 30, 2024. O.It was recommended to approve a Joint Powers Agreement for the administration and distribution of the High Intensity Trafficking Area grant. P.It was recommended to approve an On-Sale and Sunday Liquor License for Aimbridge Hospitality, LLC doing business as Residence Inn Eagan located at 1560 Quarry Road. Q.It was recommended to approve an Extension of time to record a Conditional Use Permit upon a residential lot located at 1423 Kingswood Ponds Rd, legally described as Lot 4, Block st 1, Kingswood Ponds 1 Addition. R.It was recommended to schedule a public hearing for September 3, 2024 to consider final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. City Council Meeting Minutes August 5, 2024 Page 3 V.PUBLIC HEARINGS There were no items for Public Hearing. VI.OLD BUSINESS ORDINANCE AMENDMENT – An Ordinance Amendment to City Code, Chapter 3, Section 3.50 City Administrator Miller introduced the item and stated that the City Council previously directed that surcharges be placed against utility billing accounts for those properties that either didn’t schedule a program inspection or did not bring the identified deficiency into compliance within the time frame prescribed. The Council’s established practice has required that original surcharges must be abated by Council action. City Administrator Miller stated the current practice is posing some challenges for the utility billing staff and customers. The proposed City Ordinance language would waive the requirement for a formal appeal request and authorize the Public Works Director to abate surcharges, if a customer has fewer than a set number of surcharges. City Administrator Miller stated that the proposed language is included in the cover memo. City Administrator Miller noted that Councilmember Hanson did point out a typo in the draft ordinance and stated her appreciation for pointing out the typo, which has since been fixed in the packet. City Administrator Miller stated that Public Works Director Matthys was available for questions by City Council. There being no questions by Council, Mayor Maguire called for public comment on the item. Hearing none, the Mayor returned the conversation to Council for additional discussion and action. Councilmember Hanson moved, Councilmember Supina seconded a motion to approve an Ordinance Amendment to Chapter 3, of City Code Municipal and Public Utilities by adding Section 3.50 regarding granting the Public Works Director the authority to waive monthly surcharges. Aye: 4, Nay: 0. Motion carried. ORDINANCE AMENDMENT – An Ordinance Amendment to City Code, Chapter 3, Section 3.40, Sub. 11 City Administrator Miller introduced the item addressing the rules and regulations related to sewer service. The proposed City Ordinance language would exempt food service establishments that have been determined will not discharge fats, oils and greases (FOG) and authorize the Public Works Director to issue exemptions to such businesses. City Administrator Miller stated that Public Works Director Matthys was available for questions by City Council. There being no questions by Council, Mayor Maguire called for public comment on the item. Hearing none, the Mayor returned the conversation to Council for additional discussion and action. Councilmember Supina moved, Councilmember Bakken seconded a motion to approve an Ordinance Amendment to Chapter 3, of City Code Municipal and Public Utilities by amending Section 3.40 regarding the Fats, Oils and Grease Discharge Prevention and Prohibitions Program and exemptions for food service establishments. Aye: 4, Nay: 0. Motion carried. City Council Meeting Minutes August 5, 2024 Page 4 VII.NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT – Acme Tools – Steve Kuhlman/Acme Tools 1271 Town Centre Drive City Administrator Miller introduced the item and invited City Planner Dudziak to provide additional information. City Planner Dudziak provided a staff report and location map and noted the Applicant is proposing a specialty retail use, tool sales and rental along with modifications to the building elevations, signage and site plan. The Applicant is asking to expand the allowable uses to include other similar specialty retail. Planner Dudziak noted the reduced amount of parking, 127 versus 145. This being a specialty retailer, staff does not anticipate that being any issue. In summary, Planner Dudziak noted that the proposed changes to the planned development do appear compatible with the surrounding area and meet the standards of City Code. Action to be considered is to recommend approval of a planned development for expanding allowable uses and to modify building elevations, signage, and site plan on the 2.5 acre site at 1271 Town Centre Drive. If approved, the conditions contained in the Staff Report and Planning Commission Minutes should apply. Mayor Maguire asked the applicant if they had anything to add to the staff presentation. The applicant noted they were present for questions. The Mayor 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 Bakken moved, Councilmember Hansen seconded a motion to approve a Planned Development Amendment to allow for the expansion of allowable uses and to modify building elevations, signage, and site plan, upon approximately 2.47 acres located at 1271 Town Centre Drive, subject to the following conditions: Aye: 4, Nay: 0. Motion carried. 1.An Amendment to the 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 •Building Elevations Plan •Signage Plan 2.This Amendment retains retail grocery and adds retail tool store and other specialty retail such as but not limited to hardware, liquor, shoe, sporting good, craft, hobby or furniture stores as allowable uses. Future uses proposed on this site may require a Planned Development Amendment if determined by City staff to be a significant departure from these examples. 3.A Building Permit shall be obtained for the interior build-out and exterior modifications. City Council Meeting Minutes August 5, 2024 Page 5 4. Signage shall comply with City Sign Code standards. A Sign Permit shall be obtained prior to installation of any signs. VIII.OTHER BUSINESS IX.LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE X.ECONOMIC DEVELOPMENT AUTHORITY XI.ADMINISTRATIVE AGENDA XII.VISITORS TO BE HEARD XIII.ADJOURNMENT It was noted that National Night Out was to be held on August 6, 2024, which is why the City Council meeting was held on August 5, 2024. CouncilmemberHansenmoved, CouncilmemberBakken seconded a motion to adjourn. Aye: 4, Nay: 0. Motion carried. The meeting was adjourned at6:41 p.m. 08/20/2024 ______________________ Date ______________________ Mayor ______________________ City Clerk