10/06/2020 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
OCTOBER 6, 2020
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmembers Bakken, Fields, and Hansen. Councilmember Tilley joined by phone.
A regular meeting of the Eagan City Council was held on Tuesday, October 6, 2020 at 6:30 p.m. Present
were Mayor Maguire, Councilmembers Bakken, Fields, and Hansen. Councilmember Tilley joined by
phone. Also present City Administrator Osberg, Assistant City Administrator Miller, Parks and
Recreation Director Pimental, Communications and Engagement Director Ellickson, Community
Development Director Hutmacher, City Planner Schultz, City Engineer Gorder, Police Chief New, Fire
Chief Scott, and City Attorney Dougherty.
AGENDA
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as
presented. Aye: 5 Nay: 0 (Roll Call)
RECOGNITIONS AND PRESENTATION
Oath of Office to Officer Cailie Kittelson and Officer Elle Swanson
Police Chief New Introduced Police Officers Cailie Kittelson and Elle Swanson and administered the Oath
of Office.
CONSENT AGENDA
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the consent
agenda as presented: Aye: 5 Nay: 0 (Roll Call)
A. It was recommended to approve the September 8, 2020 Special City Council minutes, and the
September 15, 2020 City Council minutes, as presented or modified.
B. Personnel Items:
1. It was recommended to approve the hiring of a seasonal, non -benefit eligible employee, as
Utility Maintenance Seasonal and Skating Instructor.
2. It was recommended to approve a Memorandum of Understanding regarding shift
differential between the City of Eagan and the LELS Local #185 — Patrol Sergeants.
3. It was recommended to approve a Memorandum of Understanding regarding shift
differential between the City of Eagan and the LELS Local #170 — Police Officers.
C. It was recommended to ratify the check registers dated September 11, 18 and 25, 2020.
D. It was recommended to approve the ordinary and customary contracts with MP Nexlevel, LLC,
Camille Horstmann, Andre Allen, Jack Sullivan, Tori Breen, Panda Express, MV Ventures
Holdings, LLC, AVI, and AVI Systems.
E. It was recommended to approve a lease agreement with HealthEast Care System.
F. It was recommended to approve a Joint Powers Agreement for the administration and
distribution of the Violent Crime Enforcement Teams grant.
City Council Meeting Minutes
October 6, 2020
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G. It was recommended to approve the Technical Specialty Consulting Agreement with DGR
Engineering, a 2020 budget amendment of $7,000 in the Equipment Revolving Fund and
authorize the Mayor and City Clerk to execute all related documents.
H. It was recommended to approve a Traffic Control Signal Agreement with the Minnesota
Department of Transportation and Dakota County Transportation Department for the
replacement of traffic signals on the Interstate 35E entrance and exit ramps at Cliff Road (CSAH
32), and authorize the Mayor and City Clerk to execute all related documents.
I. It was recommended to approve the Agreement with Minnesota Energy Resources Corporation
(MERG) regarding the installation of meter reading antennae and miscellaneous associated
equipment on City facilities and authorize the Mayor and City Clerk to execute all related
documents.
J. It was recommended to approve a Resolution to accept a Donation from Allison Gunther for a
small, manual pottery kiln.
K. It was recommended to approve the final payment for Contract 20-01 (2020 Street
Revitalization) in the amount of $173,618.62 to Northwest Asphalt Inc. and accept the
improvements for perpetual City maintenance subject to warranty provisions.
L. It was recommended to approve the final payment for Contract 20-10 (Deerwood Drive Slope
Stabilization) in the amount of $ 2,029.87 to Rachel Contracting, LLC and accept the
improvements for perpetual City maintenance subject to warranty provisions.
M. It was recommended to receive the Draft Final Assessment Report for Project 1365 (McKee
Addition 1st — 3rd - Street Improvements) and schedule a public hearing to be held on
November 4, 2020.
N. It was recommended to receive the Draft Final Assessment Report for Project 1367 (Duckwood
Estates — Street Improvements) and schedule a public hearing to be held on November 4, 2020.
0. It was recommended to receive the Draft Final Assessment Report for Project 1369 (Royal Oaks
—Street Improvements) and schedule a public hearing to be held on November 4, 2020.
P. It was recommended to receive the Draft Final Assessment Report for Project 1373 (Hilltop
Estates — Street Improvements) and schedule a public hearing to be held on November 4, 2020.
Q. It was recommended to receive the Draft Final Assessment Report for Project 1374 (Wilderness
Park — Street Improvements) and schedule a public hearing to be held on November 4, 2020.
R. It was recommended to approve the Bicycle and Pedestrian Transportation Master Plan
(BPTMP).
S. It was recommended to receive the petition to vacate a portion of a public drainage and utility
easement on Lot 11 Block 1 Bob Martin Addition and schedule a public hearing to be held on
November 4, 2020.
T. It was recommended to approve a resolution designating CARES Act Funds.and directing the
implementation of grants by the Eagan Economic Development Authority.
U. It was recommended to approve a Subrecipient Agreement between the City and the Dakota
County Community Development Agency (CDA) for collaboration of the Small Business
Relief Grant Program and a Joint Powers Agreement between the City and the Dakota County
CDA for administration of the Small Business Relief Grant Fund funded with CARES Act Funds.
V. It was recommended to approve the agreement between the City of Eagan and ISD #196.
W. It was recommended to receive the bids for EAB tree removal and award the contract to
Aspenwall Tree Service, Inc. in the amount of $ 30,950.00 and authorize the Mayor and City
Clerk to execute all related documents.
X. It was recommended to approve a resolution appointing election judges for the November 3,
2020 General Election.
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October 6, 2020
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Y. It was recommended to direct preparation of an ordinance amendment to City Code Chapter 5
regarding liquor license setback requirements.
Z. It was recommended to approve the Police payroll costs, mid-March to mid-June $2,772,427, to
be claimed as CARES grant expenditures in the September monthly report to the State.
PUBLIC HEARINGS
Variance — 4290 Beaver Dam Road (James Swanson)
City Administrator Osberg introduced the item noting the subject property contains a single-family
home constructed in 1983. The action to consider is a Variance of three (3) feet to the required thirty
(30) foot front yard setback to construct a covered porch addition at property located at 420 Beaver
Dam Road.
City Planner Schultz gave a staff report and provided a site map.
The applicant was available for questions.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve of a Variance of
three (3) feet to the required thirty (30) foot front yard setback to construct a covered porch addition on
the front of a single- family dwelling at 4290 Beaver Dam Road, subject to the following conditions: Aye:
5 Nay: 0 (Roll Call)
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 addition shall comply with all other applicable Zoning Ordinance provisions.
3. A building permit must be obtained prior to construction.
There are no old business items to be heard.
OLD BUSINESS
NEW BUSINESS
Planned Development Amendments — Venstar LLC
City Administrator Osberg introduced the item noting a meeting with the applicant has been scheduled
for Monday, October 12, to allow further discussion the "bundle of uses". Osberg noted before the
Council is two items: a Planned Development Amendment to allow a change of use from bank with
drive-through to restaurant -fast food with drive-through, and a Planned Development Amendment to
allow a 400 square -foot outdoor dining patio both located at 855 Vikings Parkway.
City Planner Schultz gave a staff report and provided a site map.
City Council Meeting Minutes
October 6, 2020
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The applicant gave a summary of the request and was available for questions.
The Council discussed the Planned Development Amendments.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Bakken moved, Mayor Maguire seconded the motion to approve a Planned
Development Amendment to allow a change of use from bank with drive-through to restaurant- fast
food with drive-through as part of the Venstar Planned Development located at 855 Vikings Parkway,
subject to the following conditions: Aye: 4 Nay: 0 (Roll Call) (Councilmember Tilley was not present for
this vote)
1. An Amendment to the Planned Development Agreement shall be executed and recorded with the
Dakota County Recorder' s office within 90 days of approval. Proof of recording shall be provided to
the City. The PD Amendment Agreement shall include the following exhibits:
a. Site Plan
2. The drive-through facility is limited to a pick-up window only. The addition of an order board will
require the approval of a Planned Development Amendment.
3. This Agreement is intended to supplement and amend the prior Planned Development Agreements.
The prior PD Agreements shall remain in full force and effect.
Councilmember Bakken moved, Councilmember Fields seconded a motion to postpone the Planned
Development Amendment to allow a 400 square -foot outdoor dining patio as part of the Venstar
Planned Development located at 855 Vikings Parkway and direct staff to send public hearing notices and
schedule item for the October 20, 2020 City Council meeting. Aye: 4 Nay: 0 (Roll Call) (Councilmember
Tilley was not present for this vote)
Conditional Use Permit — Webb Company
City Administrator Osberg introduced the item noting the site is presently occupied by a 218,000 square
foot office/warehouse building that was constructed in 1998. The action to be considered is a
Conditional Use Permit for outdoor storage of an above ground 21,000 -gallon ethanol tank for property
located at 980 Aldrin Drive.
City Planner Schultz gave a staff report and provided a site map.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve (or direct
preparation of Findings of Fact for Denial) a Conditional Use Permit for outdoor storage of an above
ground 21,000 -gallon ethanol tank for property located at 980 Aldrin Drive, subject to the following
conditions: Aye: 5 Nay: 0 (Roll Call)
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the
City Council, and proof of recording submitted to the City.
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October 6, 2020
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2. The above ground tank shall be maintained at the specified location on the Site Plan received
August 27, 2020.
3. An Emergency Spill Response Plan in a form acceptable to the City Engineer shall be provided prior
to recording the Conditional Use Permit.
4. The applicant shall relocate trash containers inside the building or provide a plan for construction of
an enclosure(s) for City staff review and approval, prior to release of the Conditional Use Permit for
recording. Construction of any new trash enclosure(s) shall be completed by June 1, 2021.
5. All Building and Mechanical Permits shall be completed and approved.
6. The approved landscape plan dated November 10, 2015 shall be brought into compliance by June 1,
2021.
7. The PODS container storage shall be brought into compliance with the approved 2015 Conditional
Use Permit.
8. A parking plan shall be submitted to the City Planner to demonstrate sufficient parking. Additional
parking shall be added to the site if minimum requirements are unable to be met with existing site
conditions.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
ADMINISTRATIVE AGENDA
There were no administrative agenda items to be heard.
There were no visitors to be heard.
VISITORS TO BE HEARD
ADJOURNMENT
Councilmember Hansen moved, Councilmember Tilley seconded a motion to adjourn the meeting at
7:25 p.m. Aye: 5 Nay: 0 (Roll Call)
Date
Mayor
11f
City Clerk