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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 City Council Meeting Minutes June 1, 2021 2 page 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. City Council Meeting Minutes June 1, 2021 3 page 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'. City Council Meeting Minutes June 1, 2021 4 page 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. GIR 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 City Council Meeting Minutes June 1, 2021 5 page 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. City Council Meeting Minutes June 1, 2021 6 page 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. City Council Meeting Minutes 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. Generate GUFF and gutter GR 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. City Council Meeting Minutes June 1, 2021 8 page 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 tp 115 V4 Date /IA A n r Mayor City Clerk