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10/01/2024 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota October 1, 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, October 1, 2024, at 6:30 p.m. Present were Mayor Maguire, Councilmembers Supina, Bakken, Fields and Hansen. Also present: City Administrator Miller, City Attorney Bauer, Police Chief New, Public Works Director Matthys and City Planner Schultz. II. ADOPT AGENDA Councilmember Bakken moved, Councilmember Supina 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 Promoted Eagan police Sergeant Chris Meade Chief New thanked the Council for allowing him an opportunity to introduce newly promoted Police Sergeant Chris Meade. Chief New shared a few words about Sergeant Meade’s path in law enforcement before administering the Oath of Office. The mayor thanked Sergeant Meade and his family for their support and commitment to the profession. IV. CONSENT AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent Agenda. Aye: 5, Nay: 0. Motion carried. A. It was recommended to approve the following minutes: • September 10, 2024 Special City Council Meeting Minutes • September 11, 2024 Finance Committee Meeting Minutes • September 17, 2024 Council Meeting Minutes B. Personnel Items: 1. It was recommended to accept the resignation/retirement of Cindy Scipioni, Clerical Tech, and authorize replacement. 2. It was recommended to accept the resignation of Sunny Sassor, Clerical Tech, and authorize replacement. 3. It was recommended to approve the promotion of Blake Desmond from Police Cadet to police Officer and authorize replacement. 4. It was recommended to approve the hiring of the following part-time recurring and season employees: City Council Meeting Minutes October 1, 2024 Page 2 Maxwell Henrickson BA 1 – Skate School Brandon Bayerkohler Rec Program Assistant C. It was recommended to ratify the check registers dated September 13, 2024 and September 20, 2024. D. It was recommended to approve the ordinary and customary contracts listed below: 1. Sponsorship agreement with AT&T for Eagan Market Fest; 2. Services agreement with Dakota County Library-Galaxie branch for a Ceramic Jewelry Class; 3. 2-year contract renewal with Avesis for Materials Vison Insurance; 4. Renewal Bulletin with Blue Cross Blue Shield for 2025; 5. Vendor Agreement with Anderson Race Management; 6. Vendor Agreement with Todd Anderson; and 7. Service Agreement with AVI Systems Inc. for Civic Arena wiring for ETV broadcasts. E. It was recommended to adopt a resolution accepting the following donations: • $5,000 from the Minnesota Vikings to help support the Police Department’s Youth Leadership Academy. F. It was recommended to adopt the 5-Year Capital Improvement Plan (CIP) for Parks Infrastructure (2025 – 2029) and Authorize the Implementation of the 2025 programmed improvements. G. It was recommended to schedule a Special Council Meeting for 5:30 p.m. on October 29, 2024 to conduct final interviews in the hiring process for Communications and Engagement Director. H. It was recommended to approve Change Order No. 5 for Goat Hill Phase 3 Improvements (City Project 1557), City Contracts 24-60, 24-64, 24-66, 24-71, 24-81, and 24-82 (North Rink Concrete, Earthwork/Utilities, Site Concrete, Painting, Landscaping, Rough Carpentry) and authorize Mayor and City Clerk to execute all related documents. I. It was recommended to receive the bids for Contract 25-04 (Steeplechase – Sanitary Sewer Lift Station Rehabilitation), award a contract to Pember Companies, Inc. for the total bid in the amount of $432,465.00, and authorize the Mayor and City Clerk to execute all related documents. J. It was recommended to approve resolutions in support of grant applications to the Minnesota Department of Transportation (MnDOT) Noise Wall Program for the following: a new 850 feet long noise wall along the east side of I-35E, from south of Englert Road to north of Pond View Point; a new 950 feet long noise wall along the west side of I-35E, from the Blackhawk Road overpass to north of Cliff Road; and a new 2,000 feet long noise wall along the east side of I- 35E, from Palomino Trail to Kings Wood Court, and authorize the Mayor and City Clerk to execute all related documents. K. It was recommended to Approve the final payment for Contract 24-01 (2024 Street Revitalization) in the amount of $27,743.72 to Bituminous Roadways, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. L. It was recommended to receive the petition to vacate a public road easement on Lots 2, 3 and 4 Skovdale No. 2 and a highway and utility easement Document No. 369334 on Lot 2 Skovdale No. 2 and schedule a public hearing to be held on November 4, 2024. M. It was recommended to receive the petition to vacate public drainage and utility easements on Lot 7, Block 2 Lexington Pointe 10th Addition (953 Trillium Court), and schedule a public hearing to be held on November 4, 2024. City Council Meeting Minutes October 1, 2024 Page 3 N. It was recommended to receive the petition to vacate public drainage and utility easements on Lot 2, Block 1, Spectrum Business Park (1000 Blue Gentian Road) dedicated as Document No. 1784392, and schedule a public hearing to be held on November 4, 2024. O. It was recommended to approve a Joint Powers Agreement between Dakota County Transportation Department, the City of Inver Grove Heights, and the City of Eagan, for Argenta Trail Reconstruction (City Project 1377) and authorize the Mayor and City Clerk to execute all related documents. P. It was recommended to approve the final payment for Contract 23-12 (Pond EP-2 (North Lake) Outlet Control Structure Modifications) in the amount of $19,809.42 to Blackstone Contractors, LLC and accept the improvements for perpetual City maintenance subject to warranty provisions. Q. It was recommended to approve a Joint Powers Agreement through December 31, 2027, with the Dakota County Soil and Water Conservation District (SWCD) and the City of Eagan, for technical services on conservation projects, and authorize the Mayor and City Clerk to execute all related documents. R. It was recommended to approve resolutions of support for a Minnesota Investment Fund (MIF) Application and a Jobs Creation Fund Application in connection with Solventum Corporation, a health care company. S. It was recommended to schedule a public hearing for November 4, 2024, to consider final assessment of the delinquent nuisance abatement bills and certify them to Dakota County for collection with property taxes. T. It was recommended to approve a resolution appointing election judges for the November 5, 2024 General Election. U. It was recommended to waive the Right-of-Way permit fee for Glacier Hills Elementary School of Arts and Science Husky Hustle 5K Family Fun Run. V. PUBLIC HEARINGS FINAL ASSESSMENTS for the following: Project 1543, Wilderness Park 2nd Project 1544, Blue Gentian Road Project 1545, Norwest Court Project 1547, Grand Oak Five Project 1548, Beverly Drive Project 1553, Federal Drive/Bicentennial Project 1554, Lemay Lake Mayor Maguire invited Public Works Director Matthys to present information on the projects. Director Matthys provided an overview of the combined list of projects totaling 3.07 miles of street improvements. City Attorney Bauer responded to a question from Mayor Maguire, that property owners would have the opportunity to appeal final assessments once Council took action to approve them. Property owners would have thirty days from the date of approval of the assessments to appeal. City Council Meeting Minutes October 1, 2024 Page 4 Mayor Maguire called for members of the public to comment on the item. Hearing none, the mayor turned to Council for additional discussion and motion. Councilmember Hansen moved, Councilmember Fields seconded a motion to close the public hearing and approve the Final Assessment Reports for Projects 1543, 1544, 1545, 1547, 1548, 1553 and 1554 and authorize the certification to Dakota County for collection. Aye: 5, Nay: 0. Motion carried. EASEMENT VACATION - Lot 1, Block 1 R. L. Johnson 2nd Addition City Administrator Miller introduced the item and invited Public Works Director Matthys to present more information. Director Matthys noted the property is located at 1750 Yankee Doodle Road. The property owner is requesting the vacation of portions of public drainage and utility easements that include utilities that only serve this property. No easement is required for the existing utilities on the property as the utilities will be owned and operated by the property owner. The action staff are requesting is to conduct the public hearing and receive any feedback before continuing the vacation to a later time for final approval. Johnny Carlson, a representative on behalf of the property owner, Trammell Crow Chicago Development, Inc., was present for questions. Mayor Maguire called for members of the public to comment on the item. Hearing none, the mayor turned to Council for additional discussion and motion. Councilmember Bakken moved, Councilmember Supina seconded a motion to close the public hearing and continue the vacation of public drainage and utility easements on Lot 1, Block 1, R. L. Johnson 2nd Addition (1750 Yankee Doodle Road) and Utility Easement Document No. 97364 to coincide with the Planned Development Amendment. Aye: 5, Nay: 0. Motion carried. VI. OLD BUSINESS VII. NEW BUSINESS EASEMENT VACATION AND PLANNED DEVELOPMENT AMENDMENT – Yankee Tech (Trammell Crow Chicago Development, Inc.) City Administrator Miller introduced the item and invited City Planner Schultz to provide additional information. City Planner Schultz shared a location map illustrating the location of the public drainage and utility easements to be vacated and the location for a proposed research laboratory and office space. The proposal includes a 32,000 square foot building expansion and two screened areas for mechanical and trash/recycling. Planner Schultz indicated that the applicant has requested that the Planned Development Amendment be separated from the subject property and from the overall River Park Office Park PD, which is included as a condition of approval. Johnny Carlson, a representative on behalf of the applicant, Trammell Crow Chicago Development, Inc., was present for questions. City Council Meeting Minutes October 1, 2024 Page 5 Councilmember Bakken inquired as to whether the existing mechanical equipment on the roof is similar to what is on the plan. The applicant stated that the proposed mechanical equipment is similar to the current existing equipment. Councilmember Bakken inquired as to whether the new mechanical will need to comply with new standards and Planner Schultz answered Councilmember Bakken’s questions. Planner Schultz indicated that staff could work with the applicant regarding the necessary screening of mechanical equipment. Mayor Maguire asked for clarification from the applicant regarding the number of employees that will be on site daily and the number of parking stalls that will be located on the property. The applicant answered all questions and stated that the parking stalls are adequate for the type of use for the property. Councilmember Hansen inquired as to whether the size of the parking stalls would increase. Applicant indicated the size of the stalls would remain the same and that they are proposing to resurface and restripe the current location of the stalls. Mayor Maguire called for members of the public to comment on the item. Hearing none, the mayor turned to Council for additional discussion and motion. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a vacation of public drainage and utility easements on property located at 1750 Yankee Doodle Road, legally described as Lot 1, Block 1, RL Johnson 2nd Addition, and Utility Easement Document Number 97364. Aye: 5, Nay: 0. Motion carried. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to allow research laboratory with associated office space upon 18.8 acres for property located at 1750 Yankee Doodle Road, legally described as Lot 1, Block 1, RL Johnson 2nd Addition, subject to the conditions listed in the Advisory Planning Commission (APC) minutes. Aye: 5, 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 • Elevation Plan (as revised) • Landscape Plan (as revised) 2. The Planned Development Amendment shall supersede and replace the existing Planned Development Agreement which will remove this property from the RiverPark Planned Development Agreement. 3. The applicant shall obtain a Building Permit for the building addition and interior renovations. 4. Financial securities for landscape improvements shall be collected at the time of Building Permit. Planning Report – Yankee Tech September 24, 2024 Page 10. 5. The Landscape Plan shall include replacement of ornamental plants missing at the base of the freestanding signs. City Council Meeting Minutes October 1, 2024 Page 6 6. The Landscape Plan shall be implemented within one year, corresponding with the approval date of the Planned Development Amendment. 7. Future development of the site is subject to the conditions of the City of Eagan Tree Preservation Ordinance (City Code Chapter 11, Section 11.70, Subd. 13). 8. 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. 9. 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. 10. The Applicant shall provide adequately sized pre-treatment structures (e.g. 4-foot minimum depth sump, 5-foot minimum diameter, with floatable skimmer hood, energy dissipation, etc.) at, or immediately upstream of, any underground stormwater 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. 11. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide and include in the plan set all underground stormwater filtration system details, including that a) unobstructed physical access via manhole(s) will be provided to the underground filtration system for inspection and maintenance, b) cross-sections and elevations of proposed stormsewer 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 filtration system, including excavation, installation of pre-treatment structure, inlet, outlet, sump skimmer hood, etc. Shop drawings related to the underground stormwater filtration system must be provided to the City for review before installation. Planning Report – Yankee Tech September 24, 2024 Page 11. 12. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a longterm 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. 13. 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 sump, underground stormwater filtration system, etc.) conform to design City Council Meeting Minutes October 1, 2024 Page 7 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. 14. The Property Owner shall petition to vacate the utility easement over the watermain and sanitary sewer within the property in a manner acceptable to the City Engineer prior to issuance of any building permits. 15. The Property Owner shall take over ownership and maintenance of the watermain and sanitary sewer within the property. 16. The Property Owner shall enter into an encroachment agreement for the staircase entering the City right-of-way that does not serve pedestrian facilities in a manner acceptable to the City Attorney. 17. The applicant shall repair or replace the terrace stones and brick on the freestanding sign bases where missing or deteriorated prior to issuance of any sign permits. 18. The applicant shall remove the existing flood lights at the base of the freestanding signs. Any illumination for new proposed signage shall be internally lit. 19. Building-mounted signage shall only be allowed within a horizontal sign band limited to the approximately five-foot-wide metal siding on the building façade. 20. The Elevation Plan shall be revised to identify the material and color of the mechanical screening (building and ground mounted). Mechanical screening shall adhere to City Code requirements. Planning Report – Yankee Tech September 24, 2024 Page 12. 21. The Elevation Plan shall be revised to identify the material and color of the building addition. The exterior elevation of the addition shall match the existing building elevations in material and color. 22. The applicant shall work with City staff to determine how the existing brick will be stained prior to issuance of any building permits. PLANNED DEVELOPMENT AMENDMENT – Great Oaks Academy City Administrator Miller introduced the item and invited City Planner Schultz to provide additional information. City Planner Schultz shared a location map illustrating that the proposed charter school and administrative offices will be located at 3560 Blue Cross Road. The site would consist of Great Oaks Academy’s middle and high school. Immediate plans do not include any site modifications other than refreshing the landscaping and developing a physical education area. The applicant was available for questions. Mayor Maguire called for members of the public to comment on the item. Hearing none, the mayor turned to Council for additional discussion and motion. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment (PDA) to approve a Planned Development Amendment to allow a charter school upon 16.17 acres located at 3560 Blue Cross Road, on property legally described as Lot 1, Block 1, BCBSM East Addition, subject to the conditions listed in the Advisory Planning Commission (APC) minutes. Aye: 5, Nay: 0. Motion carried. City Council Meeting Minutes October 1, 2024 Page 8 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 (revised to include outdoor Physical Education area) • Landscape Plan (to be revised) 2.The Applicant shall obtain a Building Permit for interior renovations. 3.The Applicant shall obtain a Sign Permit for sign modifications. 4.The Applicant shall apply for and receive approval of a future amendment prior to future construction of additional uses and structures on the property. 5.The Applicant shall submit a revised Landscape Plan prior to issuance of the Building Permit, subject to the approval of the City Forester, to refresh and update the original development landscaping, address any tree/plant health concerns or deficiencies, and abate any tree loss from site modifications. Financial securities for landscape improvements shall be collected at the time of Building Permit. 6.Landscaping shall be irrigated per City Code. 7.The Landscape Plan shall be implemented within one year, corresponding with the approval date of the Planned Development Amendment. 8.Future development of the site is subject to the 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. VIII.OTHER BUSINESS IX.LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE X.ECONOMIC DEVELOPMENT AUTHORITY XI.ADMINISTRATIVE AGENDA XII.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 7:23 p.m. ______________________ Date ______________________ Mayor ______________________ City Clerk 10/30/2024