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05/03/2022 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota May 3, 2022 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Hansen, Fields, and Supina. A regular Eagan City Council meeting was held on Tuesday, May 3, 2022, at 6:30 p.m. Present were Mayor Maguire, Councilmembers Hansen, Bakken, Fields, and Supina. Also present: City Administrator Miller, City Attorney Bauer, Public Works Director Matthys, City Planner Schultz, and Community Development Director Hutmacher. II. ADOPT AGENDA Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 5, Nay: 0. Motion carried. III. RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. IV. CONSENT AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent agenda as presented. Aye: 5, Nay: 0. Motion carried. A. It was recommended to approve the minutes of the April 19, 2022, Regular City Council meeting as presented or modified. B. Personnel items: 1. It was recommended to accept the retirement/resignation of Margaret (Peggy) Fleck, Clerical Technician 2. It was recommended to accept the retirement/resignation of Terry Zelenka, Building Inspector and authorize replacement 3. It was recommended to accept the retirement/resignation of Paul Kuehnast, CSO and authorize replacement 4. It was recommended to accept the resignation of Melissa Timm, Deputy City Clerk and authorize replacement 5. It was recommended to accept the resignation of Joe Gibbs, Accountant I and authorize replacement 6. It was recommended to approve the hiring of the following part-time recurring and seasonal employees: • Amelia Pederson Assistant Recreation Leader • Luke Durand Assistant Recreation Leader • Paige Martin Deck Coordinator • David Johnson Fitness Instructor • Ethan Niemann Guest Relations Crew • John Auel Guest Relations Crew City Council Meeting Minutes May 3, 2022 Page 2 • Kiara Boyle Guest Relations Crew • Molly Miller Guest Relations Crew • Reeve Olson Guest Relations Crew • Eleanor O’Hara Guest Relations Crew – Sub • Aric Waltzer Landscape Crew • Cambell Borrowman Landscape Crew • Cory Timm Landscape Crew • Benjamin Currens Lifeguard • Braden Hegenbarth Lifeguard • Eva Meisinger Lifeguard • Gwenyth Hurka Lifeguard • Matthew Pretzel Lifeguard • Naomi Fink Lifeguard • Nathan Ketsela Lifeguard • Noah Schultz Lifeguard • Stella Anderson Moye Lifeguard • Grace Barton Lifeguard Sub • Tristan Hansen MOD- Civic Arena • Derek Hansen Park Laborer- Seasonal • Jacob Kemper Park Laborer- Seasonal • Zach Logelin Planning Intern • Andrea Held Pool Attendant • Angelica Boyle Pool Attendant • Derek Nelson Pool Attendant • Ellie Kessler Pool Attendant • Melanie Mogollen Pool Attendant • Tyler Burbey Pool Attendant • Heidi Kunst Preschool Teacher’s Assistant • Eric Sorensen Recreation Team Leader • Lauren Steenberg Recreation Team Leader • Mikhail Gebeyehu Recreation Team Leader • Austin Lentz Utility Maintenance Worker • Charles Barnick Utility Maintenance Worker • Colby Lentz Utility Maintenance Worker • Erik Budin Utility Maintenance Worker • Hunter Campbell Utility Maintenance Worker • Kailer Wenzel Utility Maintenance Worker • Elizabeth Christensen Lifeguard C. It was recommended to ratify the check registers dated April 15, 2022 and April 19, 2022 as presented. D. It was recommended to approve the following ordinary and customary contracts: 1. Agreement with Marco Technologies, LLC 2. Vendor Service Agreement with HyVee, Inc for Eagan Market Fest 20202 3. Vendor Service Agreement with Minnesota Picnic for BoHo Dinner event 4. Event Sponsorship Agreement with Costco-Eagan City Council Meeting Minutes May 3, 2022 Page 3 5. Water Quality Cost Share, Operation and Maintenance Agreements with the following parties: • Tamara and Neil Ristow for water quality improvements at 635 Waterview Cove at Fitz Lake • Bruce and Stephanie Johnson for water quality improvements at 659 Waterview Cove at Fitz Lake • Pat and Steve Hamilton for water quality improvements at 4764 Dodd Road at Fitz Lake • Kyle Schintz and Ayoele Famodu for water quality improvements at 4760 Dodd Road at Fitz Lake 6. Agreement Amendment with Smarte Carte, Inc. for rental lockers at Cascade Bay 7. Service Agreement with Pitney Bowes for Relay 3500 Base Unit E. It was recommended to proclaim May 15-21, 2022, as Public Works Week and authorize the Mayor and City Clerk to execute all related documents. F. It was recommended to proclaim June 2022 Eagan Lakes Appreciation Month and authorize the Mayor and City Clerk to execute all related documents. G. It was recommended to approve the plans and specifications for Contract 22-04 (2022 Trail & Parking Lot Improvements) and authorize the advertisement for a bid opening to be held at 10:30 am on Thursday, June 2, 2022. H. It was recommended to approve the fourth amendment to the Telecommunications Lease Agreement with Verizon for upgrades on the Yankee site and authorize the Mayor and City Clerk to execute all related documents. I. It was recommended to approve a Temporary On-Sale Liquor License and waive the license fee for the Eagan Hockey Association on August 12, 2022 at 1501 Central Parkway. J. It was recommended to approve Fiber Optic Use Agreements with Frontier Communications of America, Inc. K. It was recommended to defer the City’s Metropolitan City Entitlement Status and adopt a resolution authorizing participation in Dakota County Urban County Designation for CDBG, HOME, and ESG funding for federal fiscal years 2023 through 2025. L. It was recommended to approve transfers to close out Capital Projects and Debt Service funds. M. It was recommended to approve a resolution to accept $7,418.99 in donation funds from The Dickey Foundation to support the purchase of safety equipment for the Eagan Fire Department. N. It was recommended to approve a franchise agreement with Dakota Electric Association and authorize the Mayor and City Clerk to execute all related documents. O. It was recommended to approve an ordinance amendment granting an Electric Franchise to Dakota Electric Association, approve publication of a summary ordinance and authorize the Mayor and City Clerk to execute all related documents. P. It was recommended to approve an Off-Sale Liquor License for Lucky’s Station LLC doing business as Lucky’s Station, 3390 Coachman Road. City Council Meeting Minutes May 3, 2022 Page 4 V. PUBLIC HEARINGS Release of Storm Sewer Ponding & Well Field Development Agreements – Yankee Doodle Professional Building, 1519 Central Parkway Administrator Miller introduced the item and invited Director Matthys to provide additional information. A petition was submitted requesting the City’s release of its rights to stormwater ponding and well field development on the property. Director Matthys stated the item has been properly noticed and found favorable by staff. Mayor Maguire invited members of the public to provide comment. Hearing none, he returned the discussion to Council for additional conversation and action. Councilmember Bakken moved, Councilmember Fields seconded a motion to close the public hearing and approve the release of Storm Sewer Ponding and Well Field Development agreements on Lot 1, Block 1 Yankee Doodle Professional Building (1519 Central Parkway). Aye: 5, Nay: 0; motion carried. Vacation of Drainage & Utility Easements – Fox Forest 3rd Addition Administrator Miller introduced the item and invited Director Matthys to provide additional information. A petition was received from the property owner of 4139 and 4135 Lexington Way, requesting vacation of drainage and utility easements. The purpose would be to re-plat the properties as Fox Forest 4th Addition. Mayor Maguire invited members of the public to provide comment. Hearing none, he returned the discussion to Council for additional conversation and action. Councilmember Fields moved, Councilmember Hansen seconded a motion to close the public hearing and continue the vacation of drainage and utility easements on Lots 1 and 3, Block 1, Fox Forest Addition, Block 1, Fox Forest Third Addition, and Easement Document No. 955421. Aye: 5, Nay: 0; motion carried. VI. OLD BUSINESS Ordinance Amendment to City Code Chapters 5 and 11 Regarding Conditional Use Permit Requirement for “On-Sale” Liquor in various zoning districts Administrator Miller introduced the item and invited City Planner Schultz to provide additional information. City Planner Schultz stated the amendments would remove the Planning Commission from the process of issuing On-Sale Liquor licenses, licenses would be administered with the City Clerk’s Office. Staff requested direction from Council regarding public notice requirements that could be incorporated into the ordinance language. City Council Meeting Minutes May 3, 2022 Page 5 City Council and staff discussed public notification procedures; staff noted that notices would still be sent for proposed outdoor dining areas that met the thresholds listed in City Code. Council supported the ordinances as presented with no additional language regarding public notification. Mayor Maguire invited members of the public to provide comment. Hearing none, he returned the discussion to Council for additional conversation and action. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve an Ordinance Amendment to City Code Chapter 11, Section 11.30 to remove On-Sale Liquor, Wine, or 3.2 Beer as a conditional use from various zoning districts. Aye: 5, Nay: 0; motion carried. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve an Ordinance Amendment to City Code Chapter 5, Section 5.52 to remove reference to the zoning process outlined in Chapter 11. Aye: 5, Nay: 0; motion carried. VII. NEW BUSINESS Comprehensive Guide Plan Amendment – Suite Living Senior Care of Eagan – Jeremy Larson/Hampton Companies – 1930 Diffley Road Administrator Miller introduced the item and invited City Planner Schultz to provide a location map and additional information. City Planner Schultz stated the request is to change the land use designation from Quasi Public to Office Service. The Concept Plan identifies a 32-unit care facility with the existing church remaining on the property. Jeremy Larson with Hampton Companies was present to respond to questions from the Council. Mayor Maguire invited members of the public to provide comment. Hearing none, the Mayor returned the conversation to the Council for additional discussion and motion. Councilmember Bakken moved, Councilmember Fields seconded a motion to direct staff to submit to the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation from Quasi Public (QP) to Office/Service (O/S) upon approximately three acres located at 1930 Diffley Road, legally described as Lot 1, Block 1, Christ Lutheran. Aye: 5, Nay: 0; motion carried. Conditional Use Permit- Courtney Epperly/Urban Escapes – 1580 Blackhawk Lake Drive Administrator Miller introduced the item and invited City Planner Schultz to provide a location map and additional information. Councilmember Supina inquired the purpose of the Shoreland Overlay regulations. City Planner Schultz stated the limitation of impervious surfaces within the Shoreland Overlay District is a requirement imposed by the DNR to preserve water quality in DNR-managed waterways. City Planner Schultz stated the installation of a filtration system and rain garden in conjunction with the pool and City Council Meeting Minutes May 3, 2022 Page 6 pool deck would reduce the property’s runoff and bring it into compliance with the 25 percent requirement. Mayor Maguire invited members of the public to provide comment. Hearing none, the Mayor returned the conversation to the Council for additional discussion and motion. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Conditional Use Permit to exceed 25 percent impervious surface coverage in a Shoreland Overlay District for an in- ground swimming pool and pool deck on a residential lot located at 1580 Blackhawk Lake Drive, legally described as Lot 17, Block 1, Blackhawk Glen 3rd Addition, subject to the conditions listed in the Advisory Planning Commission (APC) minutes. Aye: 5, Nay: 0; motion carried. The conditions are as follows: 1. This Conditional Use Permit (CUP) shall be recorded at Dakota County within 60 days of approval by the City Council with the following exhibit: • Site Plan dated December 1, 2021, and received by the City on March 30, 2022 2. The impervious surface of this lot shall not exceed 39.3 percent (6,939 square feet) per the Site Plan dated December 1, 2021. 3. Prior to release of the CUP for recording, the applicant shall provide the City with final plan set and stormwater management report documentation for all stormwater management requirements for this project, including erosion and sediment control requirements for construction stages and final stabilization. 4. Prior to the release of the Conditional Use Permit for recording, the applicant shall provide a $3,000 escrow deposit for a performance security to ensure installation of the underground dry well stormwater infiltration system occurs per the approved plans. 5. Prior to the release of the Conditional Use Permit for recording, the applicant shall provide a $1,000 escrow deposit for inspection of the dry well system installation. 6. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide the City with soil borings equally spaced within the footprint of both proposed infiltration features, extending a minimum of 10 feet below the bottom of the proposed infiltration excavation with continuous sampling, to evaluate and ensure suitability for infiltration of stormwater, including, but not limited to, depth to saturated soils and P200 analysis if SM soils are encountered below the excavation extent. A minimum of two (2) soil borings must be provided within the footprint of the backyard drywell tank system. A minimum of one (1) soil boring must be provided within the footprint of the front yard rain garden/infiltration basin. If the soil boring logs indicate incompatibility of existing sub-soil permeability, or shallow groundwater conflict, with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and/or construction plans to ensure volume control requirements are fully met for the mitigated impervious drainage area, to the satisfaction of the City Engineer. 7. The proposed underground dry well tank system and rain garden/infiltration basin shall be designed and constructed to effectively capture, retain and infiltrate 100 percent of the impervious runoff from the excess impervious surface total from a 1 percent, 24-hour, 7.47-inch rainfall event. 8. The proposed rain garden/infiltration basin shall be installed according to applicable guidelines in the State of Minnesota. During construction steps, the applicant shall provide notification to the City, with minimum of 24-hour notice, for inspection at critical construction stages (completion of City Council Meeting Minutes May 3, 2022 Page 7 excavation, sub-soil infiltration testing, prior to backfilling around perforated tanks, completion of piping connections prior to final grading, soil media backfilling, etc.). City time involved in project inspection shall be withdrawn from the applicant’s project escrow. Details shall be provided within the plan set. 9. The proposed dry well tank system and rain garden shall be designed to safely overflow appropriately into drainage and utility easements and shall not discharge into neighboring properties or cause downslope erosion. 10. Mitigative stormwater designs shall be reviewed and accepted by the City Engineering Division and the installation shall be inspected by City staff at the time of installation. 11. The edge of the conservation easement shall be identified and staked prior to construction. 12. No equipment, grading, material staging, etc. shall occur within the conservation easement or adjacent city property or public trail. 13. The applicant shall install and maintain erosion control measures, and perform restoration, in a manner acceptable to the City Engineer throughout the duration of the project. 14. The Owner shall enter into a long-term stormwater facility inspection and maintenance agreement with the City of Eagan, detailing the maintenance required to maintain proper operation and performance of the stormwater infiltration system, in a form acceptable to the City Attorney, to be filed in the property records with the Dakota County Recorder’s Office at the Owner’s expense. 15. As-built drawings and capture volume measurements shall be provided to the City that verify minimum storage volume requirement is being met. 16. The applicant shall discharge water from the pool (including filter backwash) in a form and manner acceptable to the Water Resources Manager. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE There were no Legislative/Intergovernmental affairs items. IX. ECONOMIC DEVELOPMENT AUTHORITY There were no Economic Development Authority items. X. ADMINISTRATIVE AGENDA There were no items for the Administrative Agenda. XI. VISITORS TO BE HEARD There were no visitors to be heard. XII. CLOSED SESSION There were no items for closed session. City Council Meeting Minutes May 3, 2022 Page 8 XIII.ADJOURNMENT Councilmember Hansen moved, Councilmember Supina seconded a motion to adjourn. Aye: 5, Nay: 0. Motion carried. The meeting was adjourned at 7:13 p.m. ______________________ Date ______________________ Mayor ______________________ City Clerk 5/17/2022