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11/04/2024 - City Council SpecialMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota November 4, 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 Monday, November 4, 2024, at 6:30 p.m. Present were Mayor Maguire, Councilmembers Supina, Bakken, Fields and Hansen. Also present: City Administrator Miller, Community Development Director Hutmacher, City Attorney Bauer, City Attorney Hills, Police Chief New, Public Works Director Matthys, Assistant Parks and Recreation Director Flewellen and City Planner Schultz. II. ADOPT AGENDA City Administrator Miller noted a change to the Agenda stating that, at the Applicant’s request, Item A of New Business (Variance and Conditional Use Permit – Rich Product Corp.) has been continued to the November 19, 2024 City Council meeting. Councilmember Bakken moved, Councilmember Fields seconded a motion to adopt the amended agenda as presented. Aye: 5, Nay: 0. Motion carried. III. RECOGNITIONS AND PRESENTATIONS ADMINISTER Oath of Office to newly Appointed Police Officer Blake Desmond Chief New thanked the Council for allowing him an opportunity to introduce Officer Blake Desmond. Chief New shared a few words about Officer Desmond’s path to law enforcement before administering the Oath of Office. The Mayor thanked Officer Desmond and his family for their commitment to the profession. IV. CONSENT AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent Agenda. Aye: 5, Nay: 0. Motion carried. A. It was recommended to approve the following minutes: • October 15, 2024 special Council Meeting Minutes • October 29, 2024 Special Council Meeting Minutes B. Personnel Items: 1. It was recommended to approve the hiring of Joshua Conroy, Utilities Maintenance Worker – Production. 2. It was recommended to approve the hiring of Michael Brooks, FT Custodian. 3. It was recommended to approve the hiring of Logan Camilli, Engineering Tech – Streets. 4. It was recommended to approve the promotion of Sara Horwath from Digital Media & Marketing Manager to Director of Communications and Engagement and authorize replacement. The promotion would be effective November 17, 2024. City Council Meeting Minutes November 4, 2024 Page 2 5. It was recommended to accept the resignation/retirement of Darrin Schultz, Detective and authorize replacement. Detective Schultz’s retirement is effective December 2024. 6. It was recommended to accept the resignation/retirement of James Logan, Police Officer and authorizes replacement. Officer Logan’s retirement is effective January 2025. 7. It was recommended to authorize Attorney William Laak to sign a settlement agreement on behalf of the City Council. 8. It was recommended to approve the hiring of the following part-time recurring and seasonal employees: Alden Schatteles Allen Smith Evie Braun Facility Operations Facility Operations Rec Program Specialist – Skate & Events Jacob Tipple Bailey Burlseon Drew McShane Maxwell Turner Gerard Herro Mitchell Young Ian Musgrave Rink Attendant Rink Attendant Rink Attendant Rink Attendant Zamboni Driver Zamboni Driver Zamboni Driver C. It was recommended to ratify check register dated October 11, October 18, and October 25 as presented. D. It was recommended to approve the ordinary and customary contracts listed below: 1. Vendor Contract for Tree Lighting (Entertainment) 2. Agreement to Provide Eagan Art House Workshops with Dakota County Parks on November 12 & 17, 2024 3. Agreement with CDA allowing Eagan Police Department SWAT Team to train in one of their unoccupied buildings on December 9, 2024 4. Annual Ice Agreement for ice time for School District 196 5. MOU with Hunger Solutions for the 2024-2025 Indoor Market season 6. Agreement with Bluestem Reindeer for Old Fashioned Holiday on December 8, 2024 7. Sponsorship Agreement with AT&T for Community Tree Lighting Event on December 3, 2024 8. Agreement with Vidcruiter Inc. to host virtual employment interviews in 2025 and 2026 9. Agreement with Clear Channels Outdoors LLC for use of billboards 10. Professional Services Agreement with DDA Human Resources, Inc. in 2024 11. Purchase Agreement with AVI Systems Inc. for Council Chambers/Eagan Room ADA lecterns E. It was recommended to adopt a resolution accepting the following donations: 1. $50 for sale of a book and cards and a cash donation to the Historical Society from their Old Town Hall open house on September 29, 2024 2. Outdoor Hockey Rink Board System for Goat Hill Park donated by Eagan Hockey Association 3. Outdoor Ice Resurfacer for Goat Hill Park donated by Eagan Hockey Association F. It was recommended to declare the following miscellaneous City property as surplus: • 2001 Durand Stage Trailer • 1995 TSI Venture Portable Warming House • 2014 Ford Explorer City Council Meeting Minutes November 4, 2024 Page 3 • 2011 Ford Crown Victoria • 2010 Ford Crown Victoria G. It was recommended to approve Change Order No. 6 for Eagan Art House (City Project 1558), City Contracts 24-54 and 24-56 (HVAC & Ventilation and Earthwork/Utilities) authorize Mayor and City Clerk to execute all related documents. H. It was recommended to approve easement for Dakota County to construct the Veteran’s Memorial Regional Trailway starting at Dodd Road heading to Inver Grove Heights. I. It was recommended to approve the 3rd Quarter 2024 Financial Report. J. It was recommended to appoint Redpath and Company as the auditor of the City’s annual financial statements for the years 2024, 2025 and 2026. K. It was recommended to schedule a public hearing date for December 3, 2024, to consider the 2025 Fee Schedule. L. It was recommended to approve a resolution in support of Dakota County Transportation Department’s draft 5-year Capital Improvement Plan for 2025-2029. M. It was recommended to approve a Wetland Replacement Plan Application from Ryan Companies for impacts associated with the proposed Thomson-Reuters Redevelopment Project. N. It was recommended to receive the petition to vacate public drainage and utility easements on Lot 1, Block 1, Outlot B, and Outlot C, West Publishing Company 4th Addition, and Lot 1, Block 1, West Publishing Company 7th Addition, and schedule a public hearing to be held on December 3, 2024. O. It was recommended to approve a resolution calling for a public hearing on December 3, 2024, to consider the issuance of revenue bonds on behalf of Great Oaks Academy. P. It was recommended to reject Work Scope Packages 10G, 32C, and 22A/23A (lockers, landscaping, and Plumbing/HVAC combination bid) for Eagan Community Center Improvements (City Project 1576). Q. It was recommended to approve the Waiver of Hearings – Special Assessment Authorizations for eleven (11) properties included in Project 1552 (O’Neill Drive/ Lone Oak Parkway/ Vikings Parkway/ Lone Oak Drive/ Waters Annex – Street Improvements). V. PUBLIC HEARINGS A. CERTIFY Delinquent Nuisance Abatement Bills City Administrator Miller introduced the item stating that the City currently has one property with delinquent electrical invoices totaling $4,675.00. Mayor Maguire called for members of the public to comment on the item. Hearing none, the mayor turned to Council for additional conversation or motion. Councilmember Hansen moved, Councilmember Fields seconded a motion to close the public hearing and approve the final assessment roll for delinquent nuisance abatement bills and authorize its certification to Dakota County for collection with property taxes. Aye: 5, Nay: 0. Motion carried. City Council Meeting Minutes November 4, 2024 Page 4 B. VACATE Public Road Easement - L2, L3 & L4 Skovdale No. 2 (Rocky Lane) City Administrator Miller introduced the item and invited Public Works Director Matthys to present more information. Director Matthys noted that five property owners have requested the vacation of a public road easement and highway and utility easement over the unpaved portion of Rocky Lane, including a portion of the platted road easement lying upon Lots 2, 3, and 4, as well as to vacate the entire highway easement on Lot 2. All property owners have signed a Declaration of Shared Private Access and Utility Easement and Maintenance Agreement. There is no longer a need for an easement for the unpaved portion of Rocky Lane. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to Council for additional conversation or motion. Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing and approve the vacation of the 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. Aye: 5, Nay: 0. Motion carried. C. VACATE Drainage & Utility Easement Lot 7, Block 2 Lexington Pointe 10th Addition (953 Trillium Court) City Administrator Miller introduced the item and invited Public Works Director Matthys to present more information. Director Matthys noted that the property owners have requested the vacation of a portion of an existing drainage and utility easement on their property for purposes of allowing the replacement of a deck. The original property owner constructed the existing deck partially located in the easement without a building permit. The existing deck either needs to be removed or any excess easement may be vacated so the deck is no longer in the easement. City Staff verified that excess easement does exist and that vacation of a small portion of the easement still allows for future City maintenance and/or replacement needs. Mayor Maguire opened the public hearing for comment. There being no public comment, he turned the discussion back to Council for additional conversation or motion. Councilmember Bakken moved, Councilmember Supina seconded a motion to close the public hearing and approve the vacation of a portion of the public drainage and utility easement on Lot 7, Block 2, Lexington Pointe 10th Addition (953 Trillium Court). Aye: 5, Nay: 0. Motion carried. D. VACATE Drainage & Utility Easement Lot 2, Block 1, Spectrum Business Park (1000 Gentian Road) City Administrator Miller introduced the item and invited Public Works Director Matthys to present more information. Director Matthys noted that the property owner has requested the vacation of an existing drainage and utility easement on the property. The required drainage and utility easements for the property were dedicated with the Spectrum Business Park Plat and the easement proposed for vacation is no longer needed. City Council Meeting Minutes November 4, 2024 Page 5 Mayor Maguire opened the public hearing for comment. There being no public comment, he turned the discussion back to Council for additional conversation or motion. Councilmember Supina moved, Councilmember Hansen seconded a motion to close the public hearing and approve the vacation of the public drainage and utility easement on Lot 2, Block 1, Spectrum Business Park (1000 Gentian Road). Aye: 5, Nay: 0. Motion carried. VI. OLD BUSINESS ORDINANCE AMENDMENTS to Chapters 6, 10, and 11 Relating to Cannabis and Lot-Potency Hemp City Administrator Miller introduced the item noting the Council is being asked to approve three Ordinance Amendments. On June 18, 2024, the City Council directed staff to work with the City Attorney to prepare ordinance amendments to City Code Chapter 6 (registration of cannabis and hemp retail businesses); Chapter 10 (drug paraphernalia); and Chapter 11 (use districts and overlays/performance standards). Planner Schultz provided a presentation and indicated City Attorney Hills was present for questions. City Planner Schultz advised that the City Attorney recommended language be added in the Chapter 6 Ordinance that was presented in the Council’s agenda packet, specifically to Section 6.56, subd. 9 (C) regarding prohibited sales to persons under the age of 21 to add the statutory exception for persons with a medical use registration through the state. City Planner Schultz provided council with the proposed revised language to read, “C. No cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products shall be sold to any person under 21 years of age unless the person is enrolled in the registry program and the cannabis business holds a medical cannabis retail endorsement.” Mayor Maguire called for public comment. One member of the public had a question regarding buffer zones concerning cannabis retailers. Planner Schultz explained the retailers would need to be separated at least 350 feet from one another. Mayor Maguire returned the discussion to Council for additional conversation or motion. Councilmember Bakken moved, Councilmember Supina seconded a motion to approve Ordinance Amendments to City Code, Chapter 11, amending Sections 11.60 (Use Districts and Overlays), and 11.70 (Performance Standards) regarding zoning regulations of cannabis and hemp retail businesses and events; Chapter 6, adding Section 6.56 regarding registration of cannabis and hemp retail businesses (including additional language from City Attorney Hills identified above); and Chapter 10, amending Section 10.34 regarding drug paraphernalia. Aye: 5, Nay: 0. Motion carried. City Council Meeting Minutes November 4, 2024 Page 6 VII. NEW BUSINESS A. VARIANCE and CONDITIONAL USE PERMIT – Rich Products Corporation This applicant has requested that this item be continued to the November 19, 2024 City Council meeting. B. COMPREHENSIVE GUIDE PLAN DESIGNATIONS, PRELIMINARY PLANNED DEVELOPMENT, PRELIMINARY SUBDIVISION (West Publishing Company 8th Addition) – Ryan Companies City Administrator Miller introduced the item and invited Planner Schultz to provide additional information. City Planner Schultz provided background information on the proposal stating that the applicant requests an amendment to the Comprehensive Guide Plan to change the land use designation from Major Office to Industrial, and Lot and Medium Density Residential upon approximately 179 acres located southeast of Yankee Doodle Road and Elrene Road, formerly the Thomson Reuters campus, upon property legally described as Lot 1, Block 1, and Outlots B and C, West Publishing Company 4th Addition and Lot 1, Block 1, West Publishing Company 7th Addition. City Planner Schultz indicated that action would take place at the November 19, 2024 City Council meeting due to the need of the Metropolitan Council to approve the proposed land use amendment. Planner Schultz invited the applicant, Peter Fitzgerald of Ryan Companies, to address the Council. Mr. Fitzgerald thanked City Council and Staff for their work on this project. Mr. Fitzgerald invited his consultant to share with Council a video highlighting the tree preservation portion of the project. Mayor Maguire asked Council if there were any questions or comments. Councilmembers Supina and Bakken had questions regarding the proposed conservation easement. Mayor Maguire inquired as to the tree mitigation plan and trail system and Planner Schultz addressed those questions. Mayor Maguire inquired as to the median design at Opperman and Yankee Doodle and Public Works Director and the applicant responded to the question. Councilmember Supina inquired as to the parking for Wescott Station Park. Jared Flewellen addressed the parking concern. Mayor Maguire called for public comment. A citizen expressed concern that the expanded footprint and height of the project will interfere with the use and enjoyment of the Wescott Station Park and the residential neighborhoods. Mayor Maguire returned the discussion to Council for additional conversation or motion. Dan Mueller of Ryan Companies addressed the citizen’s concerns. Councilmember Hansen moved, Councilmember Fields seconded a motion to postpone the Comprehensive Guide Plan Amendment, Preliminary Planned Development and Preliminary Subdivision Applications for the proposed redevelopment of the Thomson Reuters Campus to the regularly scheduled City Council meeting scheduled for November 19, 2024. Aye: 5, Nay: 0. Motion carried. City Council Meeting Minutes November 4, 2024 Page 7 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 8:21 p.m. ______________________ Date ______________________ Mayor ______________________ City Clerk 11/19/2024