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08/20/2024 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota August 20, 2024 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Supina, Bakken, Fields and Hansen. A regular Eagan City Council meeting was held on Tuesday, August 20, at 6:30 p.m. Present were Mayor Maguire, Councilmembers Supina, Bakken, Fields and Hansen. Also present: City Administrator Miller, City Attorney Bauer, Public Works Director Matthys, Community Development Director Hutmacher, and City Planner Schultz. II. ADOPT AGENDA Councilmember Hanson moved, Councilmember Fields seconded a motion to adopt the agenda as presented. Aye: 5, Nay: 0. Motion carried. III. RECOGNITIONS AND PRESENTATIONS ADMINISTER Oath of Office to Newly Appointed Police Officers Leigh Sass and Kellie Rosas-Sanchez Chief New thanked the Council for allowing him an opportunity to introduce Officers Leigh Sass and Kellie Rosas-Sanchez. Chief New shared a few words about Officers Sass and Rosas-Sanchez’s paths to law enforcement before administering the Oath of Office. The mayor thanked Officers Sass and Rosas- Sanchez and their families for their commitment to the profession. 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 from the August 5, 2024 City Council meeting and August 12, 2024 Special City Council meeting. B. Personnel Items: 1. It was recommended to approve the hiring of a Utility Maintenance Supervisor, to be named at a future City Council meeting. 2. It was recommended to approve the hiring of an Executive Assistant, to be named at a future City Council meeting. 3. It was recommended to approve the promotion of Police Officer to Police Sergeant, to be named at a future City Council meeting. Additionally, authorize replacement of Police Officer position. 4. It was recommended to accept the resignation of Antonio Ruiz, full-time Custodian and authorize replacement. City Council Meeting Minutes August 20, 2024 Page 2 5. It was recommended to approve the hiring of the following part-time recurring and seasonal employees: Angela Alexander Guest Services Rep Claude Houge Park Laborer – Seasonal James Theilen Park Laborer – Seasonal Jack Rappa Park Laborer - Seasonal It was noted that Kayla Kennedy was hired as a firefighter. The hiring was approved on August 5, 2024. C. It was recommended to ratify the check registers dated August 2 and August 9. D. It was recommended to approve the following ordinary and customary contracts: 1. Vendor Agreement with Raija Langhoff for Hoop Jam Events at Series All Play on 8/6/24 and 8/8/24. 2. Sponsorship Agreement with Eagan 50+ Seniors for True Crime Author event on September 23, 2024. 3. Volunteer Photography Agreement with Minnesota Valley Photography Club. 4. Additional Agreement with Persolvent to Add Electronic Checking Service to LAMA. 5. Professional Services with TKDA for Construction Documents and Bid Services for ECC Reinvestment Project. 6. Service Agreement with Tom Wollan Sr. for Flag Football Referee Services in 2024. E. Item removed from agenda. F. It was recommended to approve the plans and specifications for Bid Package #2 for the Eagan Community Center and authorize the advertisement for a bid opening to be held at 1:00 p.m. on September 26, 2024. G. It was recommended to approve a Construction Services Contracting Agreement with Precision Utilities LLC and authorize the Mayor and City Clerk to execute all related documents. H. It was recommended to amend and increase the 2024 Equipment Revolving Fund CIP budget by $80,000 to support the unplanned replacement of the radiator on the City Hall Campus Generator. I. It was recommended to amend the 2024 General Facilities R&R Fund CIP budget and award contract to Jackson & Associates LLC in the amount of $316,550 to support the planned metal roof project at the Central Maintenance Facility (CMF) and authorize Mayor & Clerk to execute all related documents. nd J. It was recommended to approve the 2 Quarter 2024 Financial Report as presented. K. It was recommended to approve final payment in the amount of $22,459.50 to Colorful Concepts for City Contract 23- 19 (Paint), City Project 1556 (Goat Hill Pavilion) and accept the improvements for perpetual City maintenance subject to warranty provision. L. It was recommended to approve Change Order No. 1 and final payment to Arcade Electric in the amount of $29,314 for City Contract 23-20, City Project 1556 (Goat Hill Pavilion) and accept the improvements for perpetual City maintenance subject to warranty provision. M. It was recommended to approve Change Order No. 4 for Goat Hill Phase 3 Improvements (City Project 1557), City Contract 24-64, (Earthwork/Utilities) and authorize Mayor and City Clerk to execute all related documents. City Council Meeting Minutes August 20, 2024 Page 3 N. It was recommended to approve Change Order No. 4 for Eagan Art House (City Project 1558), City Contracts 24-40, 24-44, 24-46, 24-53, 24-54, 24-55, and 24-56 (Cast-in-Place Concrete, Carpentry & Framing, Doors/Frames/Hardware, Storefronts, Plumbing, HVAC & Ventilation, Electrical/Communications, and Earthwork/Utilities) authorize Mayor and City Clerk to execute all related documents. O. It was recommended to approve a resolution to declare tangible property in the possession of the Eagan Police Department as abandoned and unclaimed property. P. It was recommended to approve an On-Sale Wine & Beer License with Sunday Sales for Mulligan’s Indoor Golf located at 1020 Discovery Rd, Ste. 145. V. PUBLIC HEARINGS VARIANCE – 4758 Penkwe Circle – David Hager/Homeowner City Administrator Miller introduced the item noting the applicant is proposing to add a second story to an existing accessory structure. City Planner Schultz provided a location map and staff report regarding the variance request. City Planner Schultz stated the variance request is to allow a second story to an existing accessory structure. City Planner Schultz indicated the addition to the structure would not increase the footprint of the structure, but would increase the height beyond the 11-foot wall height as set by City Code. City Planner Schultz indicated there is a 10-foot easement that extends approximately 5-feet into the structure and indicated that as a condition of approval, the City would work with the applicant to amend the easement. City Planner Schultz noted the applicant, David Hager, was present to answer any questions. Mayor Maguire asked the Council if there were any questions for the applicant. Councilmember Hansen inquired about the location of the proposed raised walkway and the applicant clarified its location. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to Council. Councilmember Supina moved, Councilmember Hansen seconded a motion to approve a variance to alter a non-conforming structure and exceed the maximum 11-foot wall height requirement by adding a second story to an existing detached accessory building for property located at 4758 Penkwe Circle, legally described as Lot 8, Block 1, Johnny Cake Ridge Addition. Aye: 4, 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. The applicant shall obtain a building permit for improvements to the detached accessory building and meet all applicable building code requirements. City Council Meeting Minutes August 20, 2024 Page 4 3. Prior to issuance of certificate of occupancy, the applicant agrees to an amendment of the existing 10-foot drainage and utility easement located west of the westerly property line. 4. The exterior of the structure shall be brought into compliance with City Code requirements. The new second story addition shall exhibit finish materials similar and compatible to those utilized on the principal building and match the principal building in color. The roof style and pitch shall match the existing home. 5. The use of the subject detached accessory building shall be limited to accessory uses defined by City Code. The structure may not be altered, adapted or improved in any way that would create a sleeping room, living quarters, or accessory dwelling unit. VACATE – Public Drainage & Utility Easements Lot 7 & Outlot D, Block 1 Sunset Forth Addition (786 Sunset Drive) City Administrator Miller introduced the item noting the applicant is proposing to vacate the 5-foot drainage and utility easements along the common property line to allow for the replacement of a deck. Public Works Director Matthys provided a location map and staff report and provided information regarding the vacation of the 5-foot drainage and utility easements and the replacement of a deck. The applicant, Deena Farver, was present and indicated that she worked with the County to have the two lots combined into one lot and that the easements are now located on her property. Mayor Maguire asked the Council if there were any questions for the applicant or staff. Councilmember Bakken inquired as to whether there will be a future need for the easements and Public Works Director Matthys indicated there would be none. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the vacation of a portion of the public drainage and utility easements on Lot 7 and Outlot D, Block 1 Sunset Fourth Addition (786 Sunset Drive). Aye: 5, Nay: 0. Motion carried. VI. OLD BUSINESS VII. NEW BUSINESS VIII. THER BUSINESS IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE X. ECONOMIC DEVELOPMENT AUTHORITY City Council Meeting Minutes August 20, 2024 Page 5 XI.ADMINISTRATIVE AGENDA XII.VISITORS TO BE HEARD XIII.ADJOURNMENT CouncilmemberHansenmoved, CouncilmemberBakken secondeda motion to adjourn. Aye: 5, Nay: 0. Motion carried. The meeting was adjourned at6:53p.m. 09/03/2024 ______________________ Date ______________________ Mayor ______________________ City Clerk