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02/07/2023 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota February 7, 2023 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Hansen, and Supina. Councilmember Fields was absent. A regular Eagan City Council meeting was held on Tuesday, February 7, 2023, at 6:30 p.m. Present were Mayor Maguire, Councilmembers Bakken, Hansen, and Supina. Councilmember Fields was absent. Also present: City Administrator Miller, City Attorney Bauer, Chief of Police New, Public Works Director Matthys, Community Development Director Hutmacher, Finance Director Feldman, Assistant Finance Director Foiles, and City Planner Schultz. II. ADOPT AGENDA Councilmember Hansen moved, Councilmember Bakken seconded a motion to adopt the agenda as presented. Aye: 4, Nay: 0. Motion carried. III. RECOGNITIONS AND PRESENTATIONS ADMINISTER Oath of Office to Newly Appointed Police Officers Martin Jensen and Jeremy Buszmann Chief of Police New shared brief remarks and introduced the new officers to be sworn in. Chief New administered the Oath of Office to Officer Jensen and Buszmann. The Mayor and Council offered their congratulations to the new officers. IV. CONSENT AGENDA Councilmember Bakken moved, Councilmember Supina seconded a motion to approve the Consent agenda as presented. Aye: 4, Nay: 0. Motion carried. A. It was recommended to approve the minutes of the January 10, 2023 Special City Council Meeting and the January 17, 2023 Regular City Council Meeting. B. Personnel Items: 1. It was recommended to accept the termination of Hannah Aldrich, Police Officer, and authorize replacement. 2. It was recommended to approve the hiring of a Clerical Technician in the Utilities Division, to be named. 3. It was recommended to approve the promotion of a part-time Custodian to full-time Custodian, to be named and authorize replacement of part-time position. 4. It was recommended to approve the hiring of the following part-time recurring and seasonal employees: • Sophia Elsayed Art Instructor • Evelyn Staats Art Instructor • Benjamin Barbato Facility Operations City Council Meeting Minutes February 7, 2023 Page 2 • Lynda Speikers Preschool Teacher’s Assistant C. It was recommended to ratify the check registers dated January 13, 20, and 27 as presented. D. It was recommended to approve the following ordinary and customary contracts: 1. Sponsorship Agreements with the following: • Minwest Bank for Big Rig Rally • Theater in the Park • 50+ Senior Music in the Park • Think Bank for 2023 Market Fest 2. Vendor Service Agreements with the following: • Apple Valley High School Theater for performance at Market Fest • Majestic events for tables and barricades at Market Fest • Marv Gohmnan for performance at Holz Farm Spring Festival 3. Contract with Dakota County for Eagan Art House art programs at Friendly Hills Middle School 4. Land Use Agreement with Blue Cross and Blue Shield of Minnesota for use of soccer fields for April-November 2023 5. Independent Contractor Agreement with Lynch Camps for summer basketball camps at the ECC 6. EditShare Annual Support Renewal Agreement E. ITEM PULLED FROM AGENDA F. It was recommended to approve the final payment for EAB tree removal for the amount of $68,800.00 to Aspenwall Tree Service Inc. G. It was recommended to approve a Joint Powers Agreement enabling the Eagan Police Department to operate a Pharmaceutical Drug Disposal Program in cooperation with Dakota County. H. It was recommended to approve temporary on-sale liquor license and waive the license fee for Art Works Eagan for events to be held on March 10-12, 2023 at 3795 Pilot Knob Road. I. It was recommended to approve a temporary on-sale beer license for The Open Door on March 22, 2023 at 3000 Ames Crossing Rd Ste 100. J. It was recommended to approve a temporary on-sale liquor license for the University of Minnesota for an event on March 3-5, 2023 at Omni Viking Lakes Hotel located at 2611 Nordic Way. K. It was recommended to receive the bids for Contract 22-22 (Holland Lake Storm Sewer Lift Station - Rehabilitation) and award a contract to Pember Companies for the base bid amount of $1,937,300.00 and authorize the Mayor and City Clerk to execute all related documents. L. It was recommended to receive the bids for Contract 23-06 (2023 Water Quality Improvements – JP-7 & JP-9) and award a contract to Minnesota Dirt Works, Inc. for the base bid amount of $219,697.00 and authorize the Mayor and City Clerk to execute all related documents. M. It was recommended to approve the plans and specifications for Contract 23-07 (2023 Municipal Wells - Rehabilitation) and authorize the advertisement for a bid opening to be held at 11:00 a.m. CST on Thursday, February 23, 2023, electronically via QuestCDN. N. It was recommended to approve the plans and specifications for Contract 23-09 (Sanitary Sewer and Storm Sewer – Pipe Lining) and authorize the advertisement for a bid opening to be held at 11:00 a.m. CST on Thursday, February 23, 2023, electronically via QuestCDN. City Council Meeting Minutes February 7, 2023 Page 3 O. It was recommended to approve the fourth amendment to the telecommunication lease agreement with AT&T, for upgrades on the Yankee Reservoir site and authorize the Mayor and City Clerk to execute all related documents. P. It was recommended to Approve the Vegetation Management Plan for the conservation easement area around Pond FP-5 with MV Ventures. Q. It was recommended to receive the petition to study safety options at the intersection of Duckwood Drive and Widgeon Way and authorize the preparation of an intersection safety study by a consultant engineer. R. It was recommended to schedule a public hearing for March 7, 2023, to consider final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. S. It was recommended to schedule a public hearing for March 7, 2023, to consider final assessment of the delinquent nuisance abatement bills and certify them to Dakota County for collection with property taxes. T. It was recommended to approve a Final Plat (Morgan Family Addition) creating a single platted lot located at the 1243 Eagan Industrial Road. U. It was recommended to reschedule a public hearing for February 21, 2023 to consider Franchise Fee Ordinances. V. It was recommended to waive the fees for special event permit, Eagan Community Center rental and outdoor parks area rental. V. PUBLIC HEARINGS Mayor Maguire explained staff would present the projects at the same time as the five projects were very similar. The public would then have an opportunity to make comments on specific projects and the Council could take a single action. Mayor Maguire invited Public Works Director Matthys to present more information. Director Matthys stated the 2023 street improvement projects totaled approximately six miles of roadway. Proposed improvements would include signage, driveway aprons, curb & gutter, trail overlay, catch basins, mill & overlay, sidewalk repairs, and storm/sanitary sewer & watermain improvements. Director Matthys reviewed assessment financing and the project schedule. Mayor Maguire called for members of the public wishing to comment on any of the proposed projects. Aaron Curtiss, 1655 Four Oaks Road, addressed the Council. Mr. Curtiss shared concerns that his and his neighbor’s share of the improvement cost was disproportionate. Director Matthys responded to the comment and discussed the method of determining assessments, which is based on lot frontage and the land use. Mayor Maguire commented that the high cost of the improvements was a result of the large lot sizes, which, if the owners wish to maintain as large properties, incur a larger share of the cost of the improvements. Mayor Maguire stood open to a motion on the proposed projects. Councilmember Bakken moved, Councilmember Supina seconded a motion to close the public hearing and approve Project 1491 (Slater Road - Street Improvements), Project 1492 (Wescott Road & Elrene City Council Meeting Minutes February 7, 2023 Page 4 Road - Street Improvements), Project 1497 (Opperman Drive - Street Improvements), and Project 1501 (Silver Bell Road - Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 4, Nay: 0. Motion carried. Councilmember Bakken acknowledged the City’s assessment policy had previously been reviewed to address equity issues. He added the current application still seems problematic and would not be comfortable voting in favor of this particular project. Mayor Maguire inquired about the possibility of reviewing Project 1488 with the Public Works Committee, and whether it would significantly impact the project timeline. Director Matthys noted the costs proposed are estimates, so there would be additional time before establishing the final cost and ordering assessments. Councilmember Bakken moved, Councilmember Hansen seconded a motion to close the public hearing and approve Project 1488 and authorize the preparation of detailed plans and specifications. Aye: 4, Nay: 0. Motion carried. VI. OLD BUSINESS There were no items for Old Business. VII. NEW BUSINESS CONDITIONAL USE PERMIT – Steve & Gabrielle Grommesch - 866 Govern Circle City Administrator Miller introduced the item and invited City Planner Schultz to provide additional information. City Planner Schultz provide a site map and staff report of the request. Schultz indicated the applicants are seeking a conditional use permit to exceed the 25 percent lot coverage within a Shoreland Overlay District. The applicants are proposing additional impervious surfaces which would increase the impervious coverage from 24.9 percent to 30.4 percent. The applicants are proposing to install four rain gardens on the property to capture and retain the stormwater runoff from the excess impervious surface area. The applicants were present for questions. Mayor Maguire called for members of the public wishing to comment on the item. Hearing none, he returned the discussion to Council for a motion. Councilmember Bakken asked if the terminology of “rain garden” and “infiltration basins” were the same; and noted he would request additional language to be added in the conditions. Staff responded those are interchangeable terms. City Council Meeting Minutes February 7, 2023 Page 5 Mayor Maguire inquired how large is the Shoreland Overlay boundary and commented on the distance the subject property was from Bald Lake. Staff responded by illustrating the 1,000-foot boundary from Bald Lake. Councilmember Supina noted the runoff appears to travel to the west and asked how much of it ends up in Bald Lake. Staff responded by illustrating the stormwater facilities in the neighborhood. Councilmember Supina asked if the locations of the rain gardens were optimally located. Staff deferred to the applicants. The applicants noted they worked with Water Resources to place the rain gardens to capture runoff from the home’s downspouts. Public Works Director Matthys added that even though additional impervious is being added, the construction of the rain gardens will be an improvement over what currently exists on the site. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve a Conditional Use Permit to exceed 25 percent impervious surface coverage in a Shoreland Overlay District upon a residential lot located at 866 Govern Circle, legally described as Lot 9, Block 3, Gardenwood Ponds Second, subject to the conditions listed in the Advisory Planning Commission (APC) minutes. Aye: 4, Nay: 0. Motion carried. Subject to the following conditions: 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 received by the City on December 29, 2022 2. The impervious surface of this lot shall not exceed 30.4 percent (5,641 square feet) per the Site Plan dated December 29, 2022. 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 CUP 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 CUP for recording, the applicant shall provide a $1,000 escrow deposit for inspection of the four rain gardens/infiltration basins. 6. The proposed four rain gardens/infiltration basins shall be designed, constructed, operated, and maintained to effectively capture, retain and infiltrate 100 percent of the impervious runoff from the excess impervious surface total from a 100-year, 24-hour (7.47-inch) rainfall event. 7. The proposed four rain gardens/infiltration basins 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 City Council Meeting Minutes February 7, 2023 Page 6 stages (over-excavation, prior to soil replacement, prior to mulching, etc.). City time involved in project inspection shall be withdrawn from the applicant’s project escrow. 8. The proposed four rain gardens/infiltration basins shall be designed to safely overflow to the yard of the residence and shall not discharge directly into neighboring properties. 9. 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. 10. 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. 11. 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 basins regarding design, construction, operation, and maintenance, 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. 12. As-built drawings and capture volume measurements shall be provided to the City that verify minimum storage volume requirement is being met. PRELIMINARY PLANNED DEVELOPMENT – United Parcel Service City Administrator Miller introduced the item and invited City Planner Schultz to provide additional information. City Planner Schultz provided a site map and presentation regarding the request. Schultz stated the proposal was to expand outdoor storage for trailers, package cars, and tractors. Schultz explained the unique circumstances of the Planned Development, noting approval of this request would ultimately suffice for the Final Planned Development. The applicant was present to answer questions. Mayor Maguire called for members of the public wishing to comment on the application. Seeing none, the Mayor returned the conversation to the Council for additional conversation and action. Councilmember Supina moved, Councilmember Bakken seconded a motion to approve a Preliminary Planned Development to allow the expansion of outdoor storage for trailers, package cars and tractors, and to acknowledge the existing use of property upon 68 acres located at 555 Opperman Drive, subject to the conditions listed in the APC minutes. Aye: 4, Nay: 0. Motion carried. Subject to the following conditions: 1. A Final Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder’s office. The Final PD Agreement shall contain the following plan: • Survey • Final Site Plan • Final Grading Plan • Final Utility Plan • Final Photometric Plan 2. Approval of the Preliminary Planned Development shall constitute the Final Planned Development. The existing Conditional Use Permit and Variance tied to the property shall be null and void. City Council Meeting Minutes February 7, 2023 Page 7 3. The outdoor storage shall be located in those areas identified on the approved Site Plan. 4. The drive aisles shall be kept clear for emergency vehicle access. 5. Bollards shall be installed near the new fire hydrant per direction of the Eagan Fire Marshal. 6. 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. 7. 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 land disturbance requirements, and Runoff Rate Control and 1.1-inch Volume Control, for effective treatment of the site’s impervious surface area (including effective soil remediation for all of the site’s disturbed soils that are to be revegetated greenspace). 8. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide the City with the soil boring logs of 3 soil borings equally spaced within the footprint of the proposed infiltration feature, 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. 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 water quality equivalent of volume control requirements are fully met for the mitigated impervious drainage area, to the satisfaction of the City Engineer. 9. The applicant shall provide adequately sized pre-treatment structure (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 infiltration basin 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. 10. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide construction details of the proposed infiltration basin following MPCA Minnesota Stormwater Manual Standards & City Engineering Standards for Infiltration Basins for City review/acceptance by the City Engineer and include in construction plans. Construction details shall include infiltration basin cross-sections, construction/protection/inspection notes, infrastructure components involved, subsoil testing/loosening, soil media specifics, and planting/stabilization specifics, to ensure infiltration practices are properly designed, constructed, planted, and adequately protected during / after construction to prevent clogging, and able to be properly maintained to function as intended. Infrastructure details shall be included for stable inlets, outlets and emergency overflows and unobstructed access for inspections and maintenance of inlets/outlets. Details for basin soil requirements shall include sub-soil infiltration testing for the infiltration basins following City/MPCA guidelines, sub-soil ripping of 18-inch depth minimum x 18-inch maximum spacing at over- excavation prior to soil amendment backfilling, and appropriate soil amendment criteria. Details for planting and stabilization requirements shall include live planting at 18-inch on-center spacing of all basin bottom area, appropriately seeded sideslopes, and permanent erosion-control details for City Council Meeting Minutes February 7, 2023 Page 8 basin bottom and side-slopes, etc. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Grading Plan, Utility Plan, Details, etc.). Notes shall be provided 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 infiltration basins, including installation of all inlets and outlets, including contact email and phone number for City Water Resources Staff. 11. During infiltration system over-excavation/sub-soil work, the applicant shall ensure that a Professional Soil Scientist will be present to verify and document that practice area sub-soils are suitable for a saturated-state infiltration rate of no less than 0.6- inches per hour (based on 0.3-inch per hour design rate with safety factor) or greater (but less than 8.0-inch per hour). If the sub-soil infiltration rates are less than 0.6- inches per hour (or greater than 8.0-inch per hour), the applicant shall immediately notify the City Engineer and revise the volume control practice(s) design and construction as necessary (e.g. over-excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met. Verification of sub-soil infiltration testing rates shall be provided immediately to the City of Eagan on the day of infiltration testing. The applicant shall ensure that the City Water Resources staff is provided 24-hour advance notice of the occurrence of infiltration verifications and also provided notice prior to any excavation and/or soil backfilling within the infiltration practices, to arrange for inspections. 12. 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 quantities of soil ripping area and volume of compost to be imported and incorporated on pertinent plan sheet BMP Quantity Tables. Prior to release of any stormwater-related financial securities, 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. 13. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the annual inspection and maintenance required to occur to ensure proper operation and performance of the private permanent stormwater management system, in a form acceptable to the City Attorney. 14. 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 (pre-treatment sumps, stormwater infiltration basin, outlets/outfalls, etc.), including greenspace 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. 15. The applicant shall design an access through the parking lot to the public drainage and utility easements that lead to the public storm sewer lines and pond to allow unobstructed access, in a manner acceptable to the City Engineer. City Council Meeting Minutes February 7, 2023 Page 9 16.The applicant shall dedicate an access easement through the parking lot to the pond and public storm sewer lines in locations acceptable to the City Engineer, and in a manner acceptable to the City Attorney. VIII.LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. IX.ECONOMIC DEVELOPMENT AUTHORITY There were no items for the EDA. X.ADMINISTRATIVE AGENDA There were no items for the Administrative Agenda. XI.VISITORS TO BE HEARD There were no visitors to be heard. XII.ADJOURNMENT Councilmember Hansen moved, Councilmember Supina seconded a motion to adjourn. Aye: 5, Nay: 0. Motion carried. The meeting was adjourned at 7:45 p.m. ______________________ Date ______________________ Mayor ______________________ City Clerk February 21, 2023