06/01/2021 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
JUNE 1, 2021
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmembers Bakken, Fields, Hansen and Supina.
A regular Eagan City Council meeting was held on Tuesday, June 1, 2021 at 6:30 p.m. Present were
Mayor Maguire, Councilmembers Bakken, Fields, Hansen, and Supina. Also present was City
Administrator Osberg, Assistant City Administrator Miller, Finance Director Feldman, Public Works
Director Matthys, Community Development Director Hutmacher, City Planner Schultz, Communications
and Engagement Director Ellickson, Parks and Recreation Director Pimental, Fire Chief Scott, Deputy
Police Chief Speakman, and City Attorney Bauer.
AGENDA
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as
presented. Aye: 5 Nay: 0
RECOGNITIONS AND PRESENTATIONS
Oath of Office for Full -Time Firefighter
Fire Chief Scott administered the Oath of Office to our newest firefighter, Nicole Kiecker.
Recognize Fire Chief Mike Scott for 35 Years of Service with the City of Eagan
City Administrator Osberg recognized and presented a plaque to Fire Chief Scott for his thirty-five years
of service to the citizens of Eagan. Fire Chief Scott thanked the City Council for the opportunity to serve.
The Council thanked Fire Chief Scott for his service to the community.
CONSENT AGENDA
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the consent
agenda as presented: Aye: 5 Nay: 0
A. It was recommended to approve the May 11, 2021 Special City Council minutes and the May 18,
2021 regular City Council minutes, as presented, or modified.
B. Personnel Items:
1. It was recommended to approve the hiring of Chad Cornell for the position of Engineering
Technician.
2. It was recommended to approve the revisions to the Employee Handbook.
1. It was recommended to approve the hiring of part-time recurring and seasonal employees
as Assistant Recreation Leader, ECC Guest Services, Group Fitness Instructor/Water Fitness
Instructor, Guest Relations Crew, Guest Relations Crew/Lifeguard, Guest Relations Crew/
Pool Attendant, Lifeguard, Planning Intern, Pool Attendant, Pool Attendant/Lifeguards,
Preschool Teacher — Summer Recreation Leader, Recreation Leader - Camp ECC, Recreation
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Leader/Site Coordinator, Recreation Program Assistant, Street Maintenance Seasonal, and
Yoga Instructor Substitute.
C. It was recommended to ratify the check registers dated May 14 and 21, 2021.
D. It was recommended to approve the ordinary and customary contracts with David Freeland, Eagan
Pointe Senior Living, Lexington Pointe Senior Living, Andros ENT & Sleep Center, and Vinny Rose.
E. It was recommended to approve a resolution to accept a donation from Eagan Noon Rotary,
Thomson Reuters, Robert Cannella, Christine Blissenbach, Sue Chrastil, and Dakota Electric
Association.
F. It was recommended to approve a memorandum of agreement with the Dakota County Drug Task
Force for reimbursement to the City for an Eagan Police officer who was selected as a Team Leader.
G. It was recommended to adopt the 5 -year Capital Improvement Plan (CIP) for Public Works
Infrastructure (2022-2026) and authorize the initiation of the public improvement process for the
2022 and 2023 programmed improvements.
H. It was recommended to approve revisions to the Winter Trail Maintenance Plan.
I. It was recommended to approve Change Order No. 2 and Final Payment of $ 42,878.00 for Contract
20-18 (2020 Water Quality Improvements) and authorize the Mayor and City Clerk to execute all
related documents.
J. It was recommended to approve Change Order No. 1 for Contract 21-01 (Citywide Street
Improvements) and authorize the Mayor and City Clerk to execute all related documents.
K. It was recommended to receive the bids for Contract 21-02 (City -Wide —Trail, Sidewalk and Parking
Lot Improvements) and award a contract to Bituminous Roadways Inc. for the total bid in the
amount of $207,901.30 and authorize the Mayor and City Clerk to execute all related documents.
L. It was recommended to receive the bids for Contract 21-03 (Eagandale Industrial Park — Street and
Water Quality Improvements) and award a contract to Meyers Contracting Inc. for the total bid in
the amount of $1,817,602.12 and authorize the Mayor and City Clerk to execute all related
documents.
M. It was recommended to receive the bids for Contract 21-15 (North and South Water Treatment
Plant Improvements) and award a contract to Municipal Builders Inc. for the total bid in the amount
of $3,103,838.00 and authorize the Mayor and City Clerk to execute all related documents.
N. It was recommended to receive the bids for Contract 21-17 (Pond AP -8 - Storm Sewer
Improvements) and award a contract to Belaire Contracting for the total bid in the amount of
$55,674.65 and authorize the Mayor and City Clerk to execute all related documents.
0. It was recommended to receive the bids for Contract 21-19 (Ponds LP -61/34 Berm Restoration —
Storm Sewer Improvements) and award a contract to BKJ Land Co. for the total bid in the amount of
$72,877.00 and authorize the Mayor and City Clerk to execute all related documents.
P. It was recommended to approve Contracts with Consulting Engineering firms for General Municipal
and Technical/Specialty Services and authorize the Mayor and City Clerk to execute all related
documents.
Q. It was recommended to approve a Water Meter Reading Agreement with SL-Serco, Inc., and
authorize the Mayor and City Clerk to execute all related documents.
R. It was recommended to approve acceptance of up to $6,917,343 in Coronavirus State and Local
Fiscal Recovery Funds under the American Rescue Plan (ARP) Act.
S. It was recommended to cancel the July 13, 2021 Special City Council meeting.
PUBLIC HEARINGS
There were no public hearings to be heard.
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June 1, 2021
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OLD BUSINESS
Ordinance Amendments to City Code Chapter 6, Section 6.37, Solid Waste Haulers and
Chapter 10, Section 10.01, Storage, Deposit and Disposal of Refuse
City Administrator Osberg introduced the item noting the Council is being asked to approve two
Ordinance Amendments. On March 16, 2021, the City Council directed the City Attorney to work with
staff to prepare ordinance amendments to City Code Chapter 6 regarding hauler vehicle spill
reporting and City Code Chapter 10 regarding dumpster maintenance.
Public Works Director Matthys provided a presentation.
The Council discussed the proposed ordinance amendments.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve an Ordinance
Amendment to City Code Chapter 6, Section 6.37, Solid Waste Haulers, regarding Hauler Vehicle Spills
Reporting and directed publication of an ordinance amendment summary in the City's legal newspaper.
Aye: 5 Nay: 0
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve an Ordinance
Amendment to City Code Chapter 10, Section 10.01, Storage, Deposit and Disposal of Refuse regarding
Refuse Container and Dumpster Maintenance and directed publication of an ordinance amendment
summary in the City's legal newspaper. Aye: 5 Nay:O
NEW BUSINESS
Interim Use Permit —Viking Lakes
City Administrator Osberg introduced the item noting back in 2018 an Interim Use Permit (IUP) was
approved by City Council which included the area east of TCO Stadium and south of Vikings Parkway.
The termination date for that IUP is June 30, 2021. The Council is being asked to consider an Interim Use
Permit for three years to allow for continued use of temporary overflow parking on Outlot A, Vikings
Lakes 3rd Addition; Outlot A, Viking Lakes 4th Addition; and Lot 5, Block 1, Viking Lakes 4th Addition.
City Planner Schultz gave a staff report and provided a site map. Schultz noted, Condition 3 was
modified from that provided in the Advisory Planning Commission Report to reflect the same language
used for the 2020 Interim Use Permit approval.
Representatives of MV Ventures Properties, LLC, were available for questions.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Mayor Maguire inquired on the language of Condition 3. City Attorney Bauer suggested to replace
'applicant' with 'City Fire Chief or his/her designee'.
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Councilmember Supina moved, Councilmember Fields seconded a motion to approve an Interim Use
Permit for three years to allow for continued use of temporary overflow parking on Outlot A, Vikings
Lakes 3rd Addition; Outlot A, Viking Lakes 4th Addition; and Lot 5, Block 1, Viking Lakes 4th Addition,
subject to the following conditions as amended: Aye: 5 Nay: 0
1. The Interim Use Permit shall be recorded at Dakota County within 60 days of approval by
the City Council, with the following exhibits:
• Site Plan
2. The permit shall terminate on June 30, 2024.
3 Ne tailgating and/nrgFilliRg within aRy of the tempeFaF y pad(i_ng .Faris [modified] Grilling
and recreational fires are only allowed within designated areas, as approved by the City Fire Chief or
his/her designee.
4. 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.
5. 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.
6. The IUP shall be subject to the City' s codified land disturbance and erosion control regulations.
7. All parking lots and secondary drive aisles shall be allowed to be constructed with Class 5 aggregate.
The site shall be subject to periodic review by city staff for adequacy of drivability, dust control, and
drainage. If the material is determined to be inadequate, the City will require that it be replaced
with bituminous asphalt or recycled bituminous asphalt.
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All pad(ing, dFiveways, and eutdeeF steFage aFeas Shall -hi-2 -91-IFfaced with bituffli news aspha
8. The applicant shall be responsible for installing and maintaining erosion control measures in
accordance with City engineering standards and required to meet the City's codified land
disturbance and erosion control regulations.
9. All entrances to the parking lots shall be paved within the city right-of-way.
10. All entrances and main drive aisles shall be designed and constructed to accommodate a
45,000 -pound fire truck.
11. All parking areas shall be properly maintained to prevent deterioration.
12.
gutteF.
OR
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If no curb and gutter is used for the perimeter of the proposed parking areas, the site will be
subject to periodic review by city staff for adequacy of drainage and containment purposes.
If the lack of curb and gutter is determined to be inadequate, the City will require that
concrete curb and gutter be installed.
.13. At the expiration of the IUP, the applicant shall obtain a grading permit from the City and
restore all hard surfaces (parking areas and driveways) back to turf in a manner acceptable
to the City Engineer, with the exception of any areas being actively developed to its ultimate use.
Detailed plans for this grading work shall be prepared and signed by a licensed professional
engineer.
14. The applicant shall be responsible to restore all boulevards, trails, streets, medians, curb
and gutter, irrigation, lighting, and landscaping back to its original condition, in a manner
acceptable to the City Engineer.
15. The applicant shall provide and implement an Erosion & Sediment Control (ESC) Action Plan
for these parking areas for ensuring prevention of tracking and sediment- laden runoff onto
public streets and into downstream waterbodies (e.g. how will it be determined if a street
sweeper needs to be present/ follow-up for events, identifying who will be responsible
person/position for authorizing and initiating actions in the ESC Action Plan, etc.).
16. The applicant shall provide and maintain the temporary stormwater management system
for the temporary parking areas during all phases of construction and use, to provide:
effective temporary basin capacity and sediment containment, reinforced/non-erosive
inlets and outlets for temporary basins, effective conveyance swales, effective surmountable
driveway diversion berms for stormwater runoff using appropriate materials e.g. asphalt) that will
not become degraded and breached, and other stormwater management measures to fully contain
sediment and prevent sediment discharge from the parking areas into the public stormwater
system, public waterbodies and public streets.
17. The applicant shall provide and maintain erosion control (e.g. erosion control blanket with
appropriate seeding) around all temporary sedimentation basin side -slopes.
18. The applicant shall provide and maintain temporary fencing around all temporary sedimentation
basins and erosion- control blanket areas.
19. The parking lot design, layout, and access locations shall be reviewed by the Event Travel Demand
Management Plan (ETDMP) team and shall be subject to modifications of the team' s
recommendations.
20. Minnesota Wetland Conservation Act Rules (Minn. Rules Ch. 8420) and Eagan' s wetland protection
and management regulations (City Code §11.67) shall apply.
21. The interim use permit shall be subject to an annual administrative review. The purpose of such
review shall be to determine that the conditions of the permit are within compliance. The interim
use permit may be revoked for failure to comply with any condition of the permit following notice of
the noncompliance and a hearing by the City Council with all interested parties being given an
opportunity to be heard.
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Conditional Use Permit — Bonchon
City Administrator Osberg introduced the items noting the Council is being asked to consider a
Conditional Use Permit to allow on -sale liquor in conjunction with a full-service restaurant on property
located at 1348 Town Centre Drive.
City Planner Schultz gave a staff report and provided a site map. Schultz noted an ordinance amendment
approved on December 1, 2020, removed the special use setback from the licensing requirements. Since
the special use setback for liquor licenses has been eliminated, staff is asking the Council for direction on
whether to amend the zoning ordinance to eliminate the conditional use permit requirement for on -sale
liquor.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use
Permit to allow on -sale liquor in conjunction with a full-service restaurant on property located at 1348
Town Centre Drive, legally described as Lot 2, Block 1, Town Centre 7017th Addition, subject to the
following conditions: Aye: 5 Nay: 0
1. The Conditional Use Permit shall be recorded at the Dakota County Recorder' s Office within 60 days
of approval.
-- - 2. The applicant shall separately obtain a liquor license, and on -sale liquor sales shall comply and be
operated in accordance with all relevant state laws and regulations.
The Council discussed whether to amend the zoning ordinance to eliminate the conditional use permit
requirement for on -sale liquor. It was the consensus of the Council to bring this item back to a future
Council workshop.
Interim Use Permit —Aspen Waste
City Administrator Osberg introduced the item noting the Council is being asked to consider an Interim
Use Permit for three years to allow outdoor storage of containers, including as a principal use, upon
property located on Lots 4 and 5, Block 2, Sibley Terminal Industrial Park.
City Planner Schultz gave a staff report and provided a site map. Schultz noted the conditions outlined
within the APC Staff Report highlight two alternatives for Conditions 8 and 9 involving different aspects
of the proposal. Additionally, Condition 7 was modified from that provided in the APC Report to reflect
language which met the intent of the ordinance and worked best for the applicant.
Thor Nelson, Aspen Waste Systems of Minnesota, was available for questions.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
The Council discussed the interim use permit and the proposed three-year term, noting the term should
allow the applicant time to determine the long-range use of the property.
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June 1, 2021
7 page
Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve an Interim Use
Permit for three years to allow outdoor storage of containers, including as a principal use, upon property
located on Lots 4 and 5, Block 2, Sibley Terminal Industrial Park, subject to the following conditions as
amended: Aye: 5 Nay: 0
1. The IUP shall be recorded at Dakota County within 60 days of approval by the City.
2. The permit shall terminate upon the earlier of either cease of use or three years from the date of
City Council approval (June 1, 2024).
3. The IUP shall be subject to an annual administrative review. The purpose of such review shall be to
determine that the conditions of the permit are within compliance. The IUP may be revoked for
failure to comply with any condition of the permit following notice of the noncompliance and a
hearing by the City Council with all interested parties being given an opportunity to be heard.
4. The location, items, and quantities to be stored shall be consistent with the Outdoor Storage Plan
dated May 5, 2021.
5. 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.
6. This development shall comply with Eagan' s Land Disturbance Stormwater Pollution Prevention
Requirements.
7. Waste eenta*neFS SteFed eut-sidee Must have tight fitting eeveFs that Fe.m—aip r-mle-Sed and dFain plugs
installed en all waste eentaineFs, te preveRt illieit disrshaFge eff thin site and iRt-c-i t -hp- 1.;t.A-FFnsewe
&Y -Stem: [Modified] Waste containers stored outside must have appropriate measures utilized to
prevent illicit discharge off the site and into the stormsewer system.
B. If recycled bituminous aggregate is used for the outdoor storage areas, the site will be subject to
periodic review by city staff for adequacy of the material to control dust and drainage. The first
review will occur two years following approval of this permit. If the material is determined to be
inadequate, the City will require that it be replaced with a bituminous asphalt hard surface.
9.
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B. If no curb and gutter is used for the perimeter of the storage area, the site will be subject to
periodic review by city staff for adequacy of drainage and containment purposes. The first review
will occur two years following approval of this permit. If determined to be inadequate, the City will
require that it be replaced with concrete curb and gutter.
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June 1, 2021
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10. The outdoor storage areas shall not be surfaced with gravel base, Class V or otherwise.
11. All parking and storage areas shall be properly maintained to prevent deterioration.
12. The applicant shall obtain a grading permit from the City prior to the construction of the
proposed storage areas. Detailed plans for this grading work shall be prepared and signed
by a registered professional engineer.
13. The applicant shall be responsible for installing and maintaining erosion control measures in
accordance with City engineering standards. The development is also subject to the City' s
codified land disturbance and erosion control regulations.
14. Any excavation in the right-of-way will require a right-of-way permit, and the street, curb and
gutter, and boulevard shall be restored in a manner acceptable to the City Engineer.
15. The existing well shall be abandoned in accordance with Minnesota Department of Health
and Dakota County standards. The applicant shall connect to city water by October 31, 2021 and
abandon the well after the connection is made.
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 Fields seconded a motion to adjourn the meeting at
7:37 p.m. Aye: 5 Nay: 0
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Mayor
City Clerk