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07/19/2022 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 19, 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, July 19, 2022, at 6:30 p.m. Present were Mayor Maguire, Councilmembers Hansen, Bakken, Fields, and Supina. Also present: City Administrator Miller, Assistant City Administrator Alig, City Attorney Bauer, Community Development Director Hutmacher, City Planner Schultz, and Public Works Director Matthys. I. ADOPT AGENDA Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 5, Nay: 0. Motion carried. II. RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. III. CONSENT AGENDA Councilmember Bakken moved, Councilmember Supina 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 July 5, 2022 Regular City Council Meeting. B. Personnel Items: 1. It was recommended to approve the hiring of Johnny Erickson for the position of Police Cadet. 2. It was recommended to approve the hiring of Tyler Gonzales for the position of Police Cadet. 3. It was recommended to approve the hiring of Nyron Jafar for the position of full-time Custodian. 4. It was recommended to accept the resignation of Jeff Gisor, Utilities Maintenance Worker- Production and authorize replacement. 5. It was recommended to accept the resignation of Brooke Stoeklen, Police Officer and authorize replacement. 6. It was recommended to accept the resignation/retirement of Paul Graham, Parks Superintendent and authorize replacement. 7. It was recommended to approve the hiring of the following part-time recurring and seasonal employees: • Steven Dykstra Building Attendant III • Matt Hanson Building Attendant III • James Elwell Guest Relations Crew • Agustus Gleich Head Guard City Council Meeting Minutes July 19, 2022 Page 2 • Anna Chromczak Pool Attendnat • Betsy Hannasch Rental Assistant • Leanne Bondhus Water Fitness Instructor • Nicole Icenogle Water Fitness Instructor C. It was recommended to ratify the check registers dated July 1, 2022 as presented. D. It was recommended to approve the following ordinary and customary contracts: 1. Rental contract for St. Thomas Becket for 2022 Elections 2. Amendment to Joint Powers Agreement with Dakota County for Sentence to Service Program Work Crews for the period of 1/1/2022 – 12/31/2022 3. Service Contract with Compass Group USA, Inc / Canteen for provision of vending machines E. It was recommended to approve a resolution accepting the following donations: 1. $580 from Carrie Sorensen for a log bench at Thomas Lake Park F. It was recommended to declare by resolution tangible property in the possession of the Eagan Police Department as abandoned and unclaimed property. G. It was recommended to receive bids for Contract 22-24 (Project 1242, Fish Lake (JP-4); Project 1362, Bur Oaks Pond; and Project 1403, Wetland LP-63 Alum Applications), award a contract to SOLitutde Lake Management for the quote amount of $141,185.74 and authorize the Mayor and City Clerk to execute all related documents. H. It was recommended to approve Change Order No. 1 for Contract 22-01 (Neighborhood Street Revitalization) and authorize the Mayor and City Clerk to execute all related documents. I. It was recommended to authorize a variance to the Construction Activity Noise Regulations to exempt OMG Midwest Inc./ MN Paving 7 Materials for improvements at Town Centre during weeknight overnight hours on July 24 through August 5, 2022. J. It was recommended to receive the petition to vacate a portion of right-of-way for Blue Gentian Road adjacent to the east property line of Lot 1, Block 1, Costco Blue Gentian and schedule a public hearing to be held on August 16, 2022. K. It was recommended to approve issuing a Request for Quote (RFQ) to design new broadcast control rooms and supporting equipment for Council Chambers and Eagan Room. L. It was recommended to adopt a resolution approving an Exempt Permit for Ted Williams Hitters Hall of Fame and Museum to conduct a raffle on August 8, 2022 at 2600 Vikings Circle. M. It was recommended to approve the 2nd Quarter 2022 Financial Report as presented. IV. PUBLIC HEARINGS There were no items for public hearing. V. OLD BUSINESS PRELIMINARY SUBDIVISION and VARIANCE – Parkside – Robert Machacek – 4940 and 4980 Dodd Road Administrator Miller introduced the item and invited City Planner Schultz to provide additional information and a location map. City Council Meeting Minutes July 19, 2022 Page 3 City Planner Schultz stated the applicant’s revisions now bring all lots into compliance with R-1 lot width and lot size standards, eliminating the need for a variance. Schultz clarified the applicant is still seeking a variance for the cul-de-sac length and for the setbacks from the telecommunications tower. Councilmember Bakken moved, Councilmember Supina seconded a motion to approve a Preliminary Subdivision (Parkside Circle) to create 24 single-family lots with a Variance to maximum cul-de-sac length of 500 feet upon approximately 11.88 acres at 4940 and 4980 Dodd Road, subject to the conditions listed in the APC minutes, as amended. Aye: 5, Nay: 0. Motion carried. Subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as revised by Council on July 1, 2014: A1, B1, B2, B3, B4, C1, C2, C3, C4, E1, G1, H1, and L1 2. The property shall be platted. 3. Prior to final subdivision, the applicant shall demonstrate that the proposed development would not cause the Gun Club to become out of compliance. 4. The applicant shall establish a covenant or declaration to be recorded with the plat that would serve as notification to buyers of the nearby gun club. 5. Prior to final subdivision, the applicant shall prepare a noise abatement plan per City Code requirements, which may include berming, landscaping, fencing and/or sound attenuation construction standards. 6. 6. For Lots 4, 13 and 14, the site survey for building permit application shall provide the net lot area which shall be the measure used for determining the building coverage ratio, and shall show the wetland, extent of wetland buffer and conservation easement, and structure setback from the wetland buffer. 7. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to final subdivision approval. 8. 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. 9. All personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 10. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 11. The applicant shall verify the function and integrity of the outlet pipe between the central wetland on the VFW Property and the Mn/DOT ROW ditch, in a manner acceptable to the City Engineer. Any deficiencies to the system shall be upgraded to City standards by the applicant. 12. Minnesota Wetland Conservation Act Rules (Minn. Rules Ch. 8420) and Eagan’s Wetland Protection and Management Regulations (City Code Section 11.67) shall apply to the development. 13. This development shall comply with Eagan’s Land Disturbance Stormwater Pollution Prevention and Post-Construction Stormwater Management Requirements (City Code Section 4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1-inch Volume Control (or City-approved water quality equivalent) of effective retention of the site’s City Council Meeting Minutes July 19, 2022 Page 4 new impervious surface area (including effective soil remediation for all of the site’s disturbed soils that are to be revegetated). 14. This development shall comply with Eagan’s regulations for wetland buffers, wetland buffer vegetation, and conservation easement requirements, according to City Code Section 11.67. 15. The proposed turf reinforcement along the filtration basin should be extended to the east and to the north on the berm, in a manner acceptable to the City Engineer, so the entire iron-sand filtration basin and berm with underlying under-drain pipe to outlet control structure can be accessed for maintenance. 16. Prior to receiving City approval to permit land disturbing activity, the applicant shall clarify that all disturbance from the relocated public storm sewer piping and structures in the southeast corner of the site shall be appropriately stabilized, and that unobstructed inspection and maintenance access will be provided. 17. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide appropriate details for the proposed iron-enhanced sand filtration basin. Details shall include construction cross-sections and notes to include an appropriate constructed box frame, impermeable rubber liner specifications (thickness, acceptable joint sealing, etc.), under-drain details including pipe type and cleanouts/vents. Underdrain pipe within the iron-sand filter must include cleanout vents. The entire length of under-drain pipe from iron-sand filter to outlet control structure must be rigid PVC with appropriate cleanouts provided. Plan information should also include grading clarifications to indicate the basin bottom must be all same elevation/flat, erosion control protections at top and toe of side-slopes and sediment log surrounding the iron-sand filter portion, iron-sand mix specification/composition/source and appropriate estimated iron-sand mix volume needed, etc. for contractor to successfully construct and protect. Basin bottom with exposed iron-sand shall not be planted, but remainder of basin bottom shall be live-planted with appropriate species at 18-inch on-center spacing with biodegradable netting erosion-control blanket, and seeded side-slopes with erosion-control blanket with biodegradable netting. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Grading Plan, Utility Plan, etc.). Pertinent plan sheets shall also include notes that grading and utility contractor(s) shall provide 24-hours advance notice to City Water Resources Staff of any grading or utility work involving the proposed filtration basin system and grading of wet pond, including installation of all pre-treatment sumps, inlets, outlets and any other structural components or critical construction steps, providing contact email and phone number for City Water Resources Staff for arranging inspections at critical construction steps. 18. The applicant shall provide adequately sized pre-treatment structure(s) (e.g. 4-foot minimum depth sump, 5-foot minimum diameter, with floatable skimmer hood, energy dissipation, etc.) at, or immediately upstream of, any stormwater treatment facility inlet to provide for effective capture and easily-accessible cleanout of fine-sand sized particles and floatable pollutants. Pre-treatment structures shall be accessible by appropriate maintenance equipment. Details shall be included in applicable plan sheet(s) using Eagan Standard Detail Plate E231. 19. Prior to receiving city approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies in the plan set for City review, and acceptance by the City Engineer, that provide graphical details and notes on soil protection/restoration in the Stormwater Management Plan and prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading Plan, Landscape Plan, etc.) and shall specify estimated City Council Meeting Minutes July 19, 2022 Page 5 quantities of soil ripping area and volume of compost to be imported and incorporated on pertinent plan sheet quantity tables. Prior to receiving a Certificate of Occupancy for any affected construction, Soil Management Strategy implementation documentation (e.g. haul tickets, representative on-site soil samples, compaction testing and soil organic content test results) shall be provided to City Water Resources staff to verify approved soil management strategy compliance. Notes shall be provided that implementing contractor shall provide 24- hours advance notice to City Water Resources staff prior to implementation of soil loosening and amendment. 20. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall demonstrate that all stormwater management practices are performing as intended and shall provide the City Engineer as-built plans meeting City requirements for as-built standard submittals that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sump(s), filtration basin, wet pond, etc.), including soil loosening & amendment prior to landscaping, conform to design and/or construction plans, as approved by the City. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 21. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards, including along Dodd Road. 22. All wells and septic systems within the development shall be abandoned in accordance with City and County standards. 23. A temporary cul-de-sac easement shall be acquired in a form acceptable to the City Attorney (Standard Condition of Approval C3). 24. The applicant shall be responsible to remove the old cul-de-sac and existing gravel and pavement that extends to 120th Street and restoring the area to low maintenance turf, in a manner acceptable to the City Engineer. 25. The applicant shall be responsible to remove the existing temporary cul-de-sac at the end of Parkside Court, in a manner acceptable to the City Engineer. 26. The applicant shall install bollards (or equivalent) in a manner acceptable to the City Engineer to deter vehicular traffic from driving on the trail. 27. The applicant also shall include a pedestrian ramp to connect the street to the trail in a location and manner acceptable to the City Engineer. 28. The applicant shall obtain a public drainage and utility easement of sufficient size, according to current engineering standards, over the wetland and drainage way to Highway 3 on the VFW property. 29. A conservation easement shall be dedicated over the wetland and the wetland buffer in a form acceptable to the City Attorney. 30. The applicant shall ensure that proposed new trees do not conflict with overhead utility lines. 31. The applicant shall fulfill current tree mitigation requirements through the installation of one- hundred sixty-three (163) Category B trees and a cash dedication of $62,500. 32. The applicant shall provide a performance guarantee covering the cost of completing required tree mitigation and protection of preserved trees within 15 feet of the Grade limits. 33. The applicant shall provide protection of the preserved tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot City Council Meeting Minutes July 19, 2022 Page 6 polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater. 34. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 35. Cash park and trail dedications apply to the net increase of 23 residential lots, payable at the time of final plat at the rates then in effect. 36. The applicant shall dedicate a one-foot access restriction easement in areas adjacent to Dodd Road, in a form acceptable to the city engineer and city attorney. Councilmember Bakken moved, Councilmember Supina seconded a motion to approve a Variance to the 300-foot setback for residential uses from a telecommunications tower, for property at 4940 and 4980 Dodd Road, subject to the conditions listed in the APC minutes. Aye: 5, Nay: 0. Motion carried. Subject to the following condition: 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. VI. NEW BUSINESS There were no items for New Business. VII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. VIII. ECONOMIC DEVELOPMENT AUTHORITY There were no EDA items. IX. ADMINISTRATIVE AGENDA There were no items for the Administrative Agenda. X. VISITORS TO BE HEARD There were no visitors to be heard. XI. CLOSED SESSION There were no items for closed session. City Council Meeting Minutes July 19, 2022 Page 7 XII.ADJOURNMENT Councilmember Hansen moved, Councilmember Fields seconded a motion to adjourn. Aye: 5, Nay: 0. Motion carried. The meeting was adjourned at 6:36 p.m. ______________________ Date ______________________ Mayor ______________________ City Clerk August 1, 2022