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06/06/2023 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota June 6, 2023 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Hansen, Fields, and Supina. Councilmember Bakken was absent. A regular Eagan City Council meeting was held on Tuesday, June 6, at 6:30 p.m. Present were Mayor Maguire, Councilmembers Hansen, Fields, Bakken, and Supina. Also present: City Administrator Miller, Assistant City Administrator Alig, City Attorney Bauer, Chief of Police New, Communications & Engagement Director Ellickson, Public Works Director Matthys, Community Development Director Hutmacher, and Deputy Public Works Director Plath. II. ADOPT AGENDA Councilmember Hansen moved, Councilmember Fields seconded a motion to adopt the agenda as presented. Aye: 5, Nay: 0. Motion carried. III. RECOGNITIONS AND PRESENTATIONS RECOGNITION of Public Works Director Russ Matthys for being named 2023 American Public Works Association (APWA) Top 10 Public Works Leader Administrator Miller invited representatives from the APWA to present Director Matthys with the award. Director Matthys remarked on the high-quality staff and leadership in Eagan and the support the Council provides to staff. The Council thanked Director Matthys for his excellent contributions to the city. IV. CONSENT AGENDA Councilmember Bakken moved, Councilmember Supina seconded a motion to approve the Consent agenda. Aye: 5, Nay: 0. Motion carried. A. It was recommended to approve the minutes of the May 9 Special and May 16 Regular City Council Meeting. B. Personnel Items: 1. It was recommended to approve the hiring of Gillian Catano, Sustainability Coordinator. 2. It was recommended to approve the hiring of Michael Ramirez, Recreation Program Supervisor. 3. It was recommended to approve the hiring of a Property Maintenance Inspector, to be named. 4. It was recommended to accept the resignation of Luke Caneff Police Officer, and authorize replacement. 5. It was recommended to accept the resignation of Miles Johnson, Chief Building Official and authorize replacement. 6. It was recommended to accept the resignation of Joseph Schneider, Firefighter and authorize replacement. City Council Meeting Minutes June 6, 2023 Page 2 7. It was recommended to accept the resignation of Joseph King, Firefighter and authorize replacement. 8. It was recommended to approve the revisions of the Employee Handbook pertaining to the addition of Juneteenth as an established holiday. 9. It was recommended to approve the collective bargaining agreement with Eagan Public Works and Parks Collective Bargaining Unit. 10. It was recommended to approve the Memorandum of Agreement regarding Juneteenth holiday between the City of Eagan and the Teamsters Local 320- Clerical Unit. 11. It was recommended to approve the 2023 seasonal maintenance pay plan. 12. It was recommended to approve the hiring of the following part-time recurring and seasonal employees: • Risa Nishiguchi Art Instructor • Sana Tahir Communications Intern • Aidan Dalzell Deck Coordinator • Paige Martin Deck Coordinator • Evalyn Millhollin Deck Coordinator • William Weierke Facility Operations • Katie Becker Guest Relations Coordinator • Hannah Meyer Guest Relations Coordinator • Aaron Teuber Guest Relations Coordinator • Jonah Baker Guest Relations Crew • Isabel Bortscheller Guest Relations Crew • Anna Lavine Guest Relations Crew • Carter Michaels Guest Relations Crew • Vivienne Nelson Guest Relations Crew • Steven Pratt Guest Relations Crew • Lauren Wholetz Guest Relations Crew • Theodore Vang Guest Relations Crew • Julia Daley Head Lifeguard • Gus Gleich Head Lifeguard • Tessa Krogh Head Lifeguard • Mason Amann Landscape Crew • Benjamin Fisher Landscape Crew - Seasonal • Charlie Giese Landscape Crew - Seasonal • Andrew Jeffers Landscape Crew - Seasonal • Braden Hagenbarth Lifeguard • Margaret Auron Lifeguard • Lucy Copps Lifeguard • Benjamin Currens Lifeguard • Mackenzie Dahlback Lifeguard • Isaiah Dalzell Lifeguard • Liam Edel Lifeguard • McKenna Felty Lifeguard • Gwen Hurka Lifeguard • Alexandra Melucci Lifeguard City Council Meeting Minutes June 6, 2023 Page 3 • Matthew Pretzel Lifeguard • Dominic Rinaldi Lifeguard • Teagon Scanlon Lifeguard • Cassie Turner Lifeguard • Sophia Wambold Lifeguard • Joseph Watry Lifeguard • Lucia Fisher Lifeguard Sub • Gabriela Kotovsky Lifeguard Sub • Alexander Newton Lifeguard Sub • Alexandra Mattthews Lifeguard/Pool Attendant • Sean Lyne Park Laborer - Seasonal • Alexa Marsh Park Laborer - Seasonal • Alec Stowell Park Laborer - Seasonal • Mason Axelrod Pool Attendant • Angelica Boyle Pool Attendant • Gabrielle Boyle Pool Attendant • Kristian Cercioglu Pool Attendant • Alexander Dalzell Pool Attendant • Lauren Jedlicka Pool Attendant • Greta Kavinsky Pool Attendant • Andrew Liekis Pool Attendant • Mae Melby Pool Attendant • Paige Olson Pool Attendant • Parker Salseg Pool Attendant • Quinn Tillander Pool Attendant • Riley Tillander Pool Attendant • Ina Yankova Pool Attendant • Miles Townsend Utility Maint - Seasonal • Leanne Bondhus Water Fitness Instructor • Sandra Jeans Water Fitness Instructor • Gayle Mueller Water Fitness Instructor • Mary Ellen DeCuffa Water Fitness Instructor C. It was recommended to ratify the check registers dated May 12, May 19, and May 26, 2023. D. It was recommended to approve the following ordinary and customary contracts: 1. Stormwater Management System Maintenance Agreement with The Gallery of Eagan, LLLP 2. Stormwater Management System Maintenance Agreement with Steven and Gabrielle Grommesch 3. Water Quality Cost Share, Operation, and Maintenance Agreements with the following: • Neil and Tamara Ristow for water quality improvements at 635 Waterview Cove at Fitz Lake • Patrick and Stacy Murphy for water quality improvements at 639 Waterview Cove at Fitz Lake • Olivia Wilson for water quality improvements at 643 Waterview Cove at Fitz Lake City Council Meeting Minutes June 6, 2023 Page 4 4. Rental agreement with Woodcrest Church to serve as a polling location for March 5, August 13 and November 5, 2024 5. Vendor Agreement for Dakota Valley Symphony performance on July 13, 2023 6. Sponsorship Agreement with American Senior Benefits for 50+ Picnic at the Pavilion on June 27, 2023 7. Sponsorship agreement for 20th Anniversary Concert in the Park on July 13, 2023 8. Sponsorship Agreement with Blue Cross Blue Shield for Music in the Park on August 14, 2023 9. Sponsorship Agreement with Senior Helpers for 50+Picnic at the Pavilion on June 27, 2023 and 50+ Music in the Park on August 14, 2023 10. Vendor Agreement for Clouds So Swift performance at the senior Picnic at the Pavilion E. It was recommended to adopt a resolution to accept the following donations: 1. $1,000 from Eagan Kickstart Rotary Foundation for the purchase of an electric vehicle emergency plug for the Eagan Fire Department 2. $550 for a course and exam scholarship from the National Recreation and Parks Association awarded to Eagan’s Stormwater Technician Brian Leyendecker for the 2023 National Green Infrastructure Certification Program (NGICP) F. It was recommended to approve an Off-Site Gambling Permit for the Eagan Lions Club to conduct Bingo and Paddlewheel on July 3 and 4, 2023 at 1501 Central Parkway. G. It was recommended to approve action to not waive the monetary limits on municipal tort liability. H. It was recommended to approve a temporary on-sale liquor license and waive the license fee for Friends of the Farm on August 25, 2023 at 4665 Manor Drive. I. It was recommended to approve temporary on-sale liquor license and waive the license fees for the Eagan High School Boys Hockey Booster Club event to be held July 14-16, 2023, at the Eagan Civic Arena located at 3870 Pilot Knob Road. J. It was recommended to accept an increase of $29,326.03 of 2022 Federal High-Intensity Drug Trafficking Grant and a decrease of the same amount of 2023 Federal High-Intensity Drug Trafficking Grant. K. It was recommended to approve a one-year Extension of Preliminary Subdivision approval (Parkside Circle) to create 24 single-family lots, with a Variance to exceed the maximum cul- de-sac length and a Variance to the 300-foot setback for residential uses from a telecommunications tower, upon approximately 11.88 acres located at 4940 and 4980 Dodd Road. L. It was recommended to adopt the 5-year Capital Improvement Plan (CIP) for Public Works Infrastructure (2024-2028) and authorize the initiation of the public improvement process for the 2024 and 2025 programmed improvements. M. It was recommended to approve revisions to the Winter Trail Maintenance Plan. N. It was recommended to approve the plans and specifications for Contract 23-12 (Pond EP- 2/North Lake - Outlet Control Structure Modifications) and authorize the advertisement for a bid opening to be held at 10:30 a.m., on Thursday, July 13, 2023. O. It was recommended to approve the plans and specifications for Contract 23-03 (2023 Trail and Parking Lot Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m., on Thursday, July 6, 2023. P. It was recommended to approve an agreement to accept a grant from Metropolitan Regional Arts Council in the amount of $13,200 and amend the 2023 General Fund Budget for $13,200 for Eagan Parks and Recreation activities. City Council Meeting Minutes June 6, 2023 Page 5 V. 2022 ANNUAL COMPREHENSIVE FINANCIAL REPORT City Administrator Miller invited staff from Redpath and Company to present the audit report. Rebecca Peterson from Redpath was present and provided a summary of the audit. The result for 2022 was a “clean” opinion, which is the highest level of assurance offered. VI. PUBLIC HEARINGS VACATION of Drainage & Utility Easements – 1950 Seneca Road FINAL PLAT – Terra Seneca Addition Administrator Miller introduced the item and invited Director Matthys to provide additional information. Director Matthys stated the purpose of the request is to allow for the re-platting of the property. The plat has been reviewed by MnDOT and Dakota County, and the County surveyor indicated the plat is ready for Council action. Director Matthys stated that the Council would be asked to act on a Conditional Use Permit later in the meeting for the property but that is unrelated to the easement vacations and final plat. Mayor Maguire called for members of the public to comment on the item. Hearing none, the mayor returned the conversation to Council for additional conversation and action. Councilmember Hansen moved, Councilmember Fields seconded a motion to close the public hearing and approve the vacation of public drainage and utility easements on Lot 2, Block 1 Cedar Industrial Park (1950 Seneca Road), and Easement Document No. 404398. Aye: 5, Nay: 0. Motion carried. Councilmember Hansen moved, Councilmember Bakken seconded Approve a Final Plat (Terra Seneca) to consolidate two parcels into one lot upon approximately 4.08 acres located at 1950 Seneca Road. Aye: 5, Nay: 0. Motion carried. VII. OLD BUSINESS There were no items for Old Business. VIII. NEW BUSINESS CONDITIONAL USE PERMIT- Terra Seneca / Jason Derby – 1950 Seneca Road Administrator Miller invited City Planner Schultz to present additional information. City Planner Schultz presented a staff report and site map regarding the proposal. Schultz noted the applicant is proposing additional outdoor storage in the rear of the building and would be in addition to the previously approved outdoor storage on the north side of the building. The new CUP would replace the prior CUP and would encompass both the existing and the new outdoor storage areas. The applicant was present for questions. City Council Meeting Minutes June 6, 2023 Page 6 Mayor Maguire asked whether the site is currently out of compliance with the 2014 CUP. City Planner Schultz stated yes, and that some of the items are currently being stored outside of the enclosure. Adding the proposed enclosure would help them gain compliance and provide additional storage. Mayor Maguire asked what monitoring was in place to ensure compliance moving forward. City Planner Schultz responded that staff would visit the site after improvements are made, and that ongoing review of CUPs in the City takes place on approximately a two-year basis. Mayor Maguire inquired about the failed motion at the APC on the 8-foot fence. City Planner Schultz stated APC members felt the proposed screening would suffice, so the 8-foot fence was not necessary. The applicant will be planting trees along the south side of the property as part of the Landscape Plan and mesh screening would also be installed. Mayor Maguire called for members of the public to comment on the item. Hearing none, the mayor returned the conversation to Council for additional conversation and action. Councilmember Supina asked about the comments that were received from a neighboring property and whether, in staff’s opinion, if the concerns were being dealt with in the conditions. City Planner Schultz stated yes, the screening and enclosed storage on the site would address the concerns noted. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow outdoor storage of fiber optic cable reels, conduit reels and a roll-off dumpster, upon property located at 1950 Seneca Road, subject to the conditions listed in the Advisory Planning Commission (APC) minutes. Aye: 5, Nay: 0. Motion carried. 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. This Conditional Use Permit replaces any and all prior Conditional Use Permits. 3. The full site (legally described as parts of Lot 2, Block 1, Cedar Industrial Park) shall be platted into one lot within one year of Conditional Use Permit approval. Unless terminated, revoked or amended, all approvals and conditions shall transfer to the newly created lot. 4. Brush piles in the northwest part of the lot shall be removed and disposed of properly. The picnic table, grill, firepit and stored firewood in the west yard shall be removed for construction of the new outdoor storage area. 5. Any use of barbed wire atop the security fence shall be angled inward or up, and not angled outward. The gates across the driveways shall each have a Knox Box acceptable to the Fire Marshal for emergency access. The security fence and parking stall striping shall be coordinated to eliminate conflicts. 6. All fiber optic cable reels and conduit reels, shall be stored only within the two fenced outdoor storage areas north and west of the building and the roll-off dumpster within City Council Meeting Minutes June 6, 2023 Page 7 the north fenced area. No such items shall be stored in front of the building. Trucks and trailers may be parked only in the loading area abutting the building. 7. Prior to recording the conditional use permit, the applicant shall provide a proof of parking plan showing how the additional 42 stalls of parking could be added to the site. 8. The roll-off dumpster in the existing outdoor storage area currently has no cover and shall be retrofitted or replaced to comply with the current standards for trash receptacles. 9. Mesh fabric shall be attached to the fence for added screening of the outdoor storage areas, and the existing fence should be repaired where necessary. The fences and mesh fabric should be maintained consistent with City Code standards, in sound and good repair and free from deterioration, and free from any defects or condition which makes the fence hazardous. 10. The existing outdoor storage area shall be repaved with bituminous asphalt or repaired as necessary to restore it to good condition. 11. Irrigation shall be extended to the setback area along Seneca Road to ensure long-term health and survival of the variety of newly planted trees, shrubs and grasses in that area. 12. Removal of the ash trees and installation of landscaping and irrigation shall be installed by June 30, 2024. In accordance with City Code, a landscape financial guarantee escrow of $7,500 shall be provided prior to release of the CUP for recording. 13. Issuance of this conditional use permit does not imply an exemption from future tree preservation ordinance requirements. 14. Drainage and utility easements shall be dedicated in a manner acceptable to the City Engineer, in accordance with current engineering standards. 15. The applicant shall acquire a grading or building permit prior to performing any parking lot or outdoor storage modifications. 16. The applicant shall ensure the survival of preserved trees via protection of the tree’s critical root zones through the placement of required Tree Protective measures (i.e., orange-colored silt fence or 4-foot polyethylene laminate safety netting or silt fence), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater. 17. 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 City Council Meeting Minutes June 6, 2023 Page 8 compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 18. Future development is subject to conditions of the City of Eagan Tree Preservation Ordinance (City Code Chapter 11, Section 11.70, Subd. 13) and must be satisfied prior to plan approval. INTERIM USE PERMIT- Viking Lakes-NE Eagan Development / Steve Poppen – 686 O’Neill Drive Administrator Miller introduced the item and invited City Planner Schultz to provide additional information on the request. City Planner Schultz stated the applicant has submitted a series of IUPs for the purpose of overflow parking for special events that occur at TCO Stadium and Viking Lakes. The applicant is anticipating 1226 parking stalls can be provided on the site. Mayor Maguire inquired whether the two sites were continuations of existing IUPs. City Planner Schultz stated yes, that one was set to expire later this month and the other has recently expired. Mayor Maguire called for members of the public to comment on the item. Hearing none, the mayor returned the conversation to Council for additional conversation and action. Councilmember Fields moved, Councilmember Hansen 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, and Lot 2, Block 1, Viking Lakes 3rd Addition, subject to the conditions listed in the APC minutes. 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, 2026. 3. Grilling and recreational fires are only allowed within designated areas, as approved by the City Fire Chief or his/her designee. 4. If modifications to the site are necessary, 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. The existing Class 5 aggregate surface used for the temporary parking areas will be subject to continued periodic review by city staff for adequacy of the material to control dust and drainage. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt 8. All parking and storage areas shall be properly maintained to prevent deterioration. City Council Meeting Minutes June 6, 2023 Page 9 9. The site shall be subject to periodic review by city staff for adequacy of the material for containment and drainage. If determined to be inadequate, the City will require concrete curb and gutter to be installed. 10. 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. 11. All entrances to the parking lots shall be paved within the city right-of-way. 12. All entrances and main drive aisles shall be designed and constructed to accommodate a 45,000- pound fire truck. 13. All parking areas shall be properly maintained to prevent deterioration. 14. 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. 15. 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. 16. 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.). 17. 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. 18. The applicant shall provide and maintain erosion control (e.g. erosion control blanket with appropriate seeding) around all temporary sedimentation basin side-slopes. 19. he applicant shall provide and maintain temporary fencing around all temporary sedimentation basins and erosion-control blanket areas. 20. 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. 21. Minnesota Wetland Conservation Act Rules (Minn. Rules Ch. 8420) and Eagan’s wetland protection and management regulations (City Code §11.67) shall apply. 22. 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 6, 2023 Page 10 COMPREHENSIVE GUIDE PLAN AMENDMENT and PLANNED DEVELOPMENT AMENDMENT – Home by Perri (Eagandale Place) / Asaf Fligelman - 3040 Eagandale Place City Administrator Miller introduced the item and invited City Planner Schultz to provide additional information. City Planner Schultz provided a site map and staff report. Schultz noted Council previously agreed that a reasonable parking ratio was 1 stall per bedroom or 150 stalls plus guest parking. City Planner Schultz stated the current site plan shows 160 parking stalls on the site. Jamie Gitler was present on behalf of Asaf Fligelman who was unable to attend. Mayor Maguire inquired whether the hotel is on two parcels. City Planner Schultz stated that because a school district boundary splits the property the County Assessor creates two parcels. Mayor Maguire inquired if the Council voted to change the comprehensive use from Commercial use to Residential use, how the applicant would anticipate making upgrades to the site to transition from hospitality to residential. Mr. Gitler stated this transition was not the first they have completed. While the operations will no longer be an extended stay hotel, many of the current residents will not face significant changes beyond the change from a 28-day contract to a one-year lease. Mayor Maguire inquired of staff how this would work, whether long-term renters and short-term renters could exist on the same site. City Attorney Bauer stated a condition was added to address this issue that would require the property owner to convert all 120 hotel units to apartment rentals (a minimum 30-day rental) no later than December 31, 2024. Attorney Bauer stated the situation was unique and this was the best option for the transition. Councilmember Fields inquired if it was possible to shorten the period of time. Attorney Bauer stated that the Council was free to stipulate the length of the term. Mayor Maguire inquired of the applicant what length of time he felt was necessary for the transition. Mr. Gitler stated he would like the transition to occur as soon as possible. The Council inquired if July 2024 was reasonable, the applicant stated that was reasonable. City Planner Schultz stated the applicant would be required to remove an existing pylon sign by June 30, 2024 and suggested this date for consistency. The Council indicated agreement. Councilmember Supina inquired about the location of the trash enclosure. It was confirmed that the location shown on the south of the site plan would be the site of the trash enclosure. Councilmember Supina inquired about the proof of parking and what would trigger the implementation of proof of parking. City Planner Schultz stated the proof of parking was a tool the city utilizes in the event there are future problems with parking. Schultz added he wasn’t aware of the City requiring proof of parking to be implemented. City Council Meeting Minutes June 6, 2023 Page 11 Councilmember Bakken stated he was previously interested in a mechanism to ensure the positive impact on the tax base was guaranteed. City Attorney Bauer confirmed that staff did reach out to the County on this matter and indicated it wasn’t available since it was not within a TIF district. Councilmember Bakken stated without proof of the project’s ability to create a positive impact on the tax base, he had little interest in supporting it. Mr. Gitler responded that if this was something important to the City, to the extent that it was possible, they would do their best to deliver. Councilmember Bakken clarified that his hope was to ensure that the assessed value of the property would increase enough to compensate for the lower tax rate that would be seen in the shift from commercial to residential. City Attorney Bauer stated he would need some guidance from the Council on what specifically would be involved in the agreement. Councilmember Bakken stated that he would like to include language that the applicant agrees to pay the City any difference between the value of the property as projected in the pro forma and the assessed value for a defined period of time. This would only apply to the city’s share of taxes. The applicant stated they would be willing to escrow funds if needed. The Council was in agreement that agreement would be in effect for taxes payable in 2025 and run to 2034. Mayor Maguire stated the intent was to ensure investments would be effective in elevating the value of the property. City Attorney Bauer advised that the condition would be included in the minutes and would be part of the Planned Development Agreement. Mayor Maguire called for public comment on the item. Hearing none, the Mayor returned the conversation to Council for additional conversation and action. Councilmember Fields moved, Councilmember Hansen seconded a motion to implement a Comprehensive Guide Plan Amendment to change the land use designation from Retail Commercial (RC) to High Density (HD) upon 4.36 acres located at 3040 Eagandale Place, legally described as Lot 1, Block 1, Eagandale Lemay Lake 2nd Addition. Aye: 5, Nay: 0. Motion carried. Mayor Maguire stated that he believes this is a very unique project. The Sonesta Hotels are uniquely set up for this type of conversion, but he was cautious of communicating to other hotels in the community that they are ripe for the same type of conversation. The assets on this particular site make this conversion feasible. The Mayor expressed that this approval should not be seen as a general openness to hotel conversions that don’t otherwise make sense in the way this project does. Councilmember Bakken and Hansen stated they were also in agreement regarding the unique nature of this site. City Council Meeting Minutes June 6, 2023 Page 12 Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to allow a change in use from an extended stay hotel to 120 residential apartments, upon 4.36 acres located at 3040 Eagandale Place, legally described as Lot 1, Block 1, Eagandale Lemay Lake 2nd Addition, subject to the conditions listed in the APC minutes with condition 15 changed to June 30, 2024 and subject to the following additional condition as supplied by the city attorney. Mayor Maguire called for a vote. Aye: 5, Nay: 0. Motion carried. Subject to the following conditions: 1. An Amendment to the Planned Development Agreement shall be executed, in a form acceptable to the City Attorney, and recorded against the property within 90 days of City Council approval. The Agreement shall include the following exhibits: • Site Plan • Proof of Parking Plan • Landscape Plan • Tree Preservation Plan 2. The Applicant shall obtain a Building Permit for interior renovations and detached trash enclosure. 3. The Applicant shall obtain a Sign Permit for sign modifications. 4. The existing pylon sign shall be removed by June 30, 2024. 5. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. 6. Any additional intensification beyond what is currently proposed, that results in an increase of new or “fully-reconstructed” (as defined in City Ordinance 4.34) impervious surface, shall require additional storm water quality improvements be performed, in a manner acceptable to the City Engineer. 7. The proposed sump manhole shall be installed and maintained, in a manner acceptable to the City Engineer. 8. A grading permit shall be required prior to any site intensification being performed. 9. This development is subject to a cash park dedication of $52,406.00 payable upon execution of the Planned Development Amendment Agreement. 10. The applicant shall submit a final sitewide Landscape Plan to refresh and update the original development landscaping, address any tree/plant health concerns or deficiencies, and abate any tree loss from site modifications. Financial securities for landscape improvements will be collected with the building permit. 11. The developer shall ensure the survival of preserved trees via protection of the tree's critical root zones through the placement of required Tree Protective measures (i.e., orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater. City Council Meeting Minutes June 6, 2023 Page 13 12.The developer 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. 13.Development of the site is subject to the conditions of the City of Eagan Tree Preservation Ordinance (City Code Chapter 11, Section 11.70, Subd. 13) and must be satisfied prior to Advisory Planning Commission May 23, 2023 Page 4 of 13 plan approval. 14.The trash enclosure shall be located as depicted on the approved Site Plan and shall be designed consistent with City Code standards in compliance with City Code Section 11.70 Subd. 21.D.7. 15.The property owner shall fully convert all 120 hotel units to apartment rentals (no less than a minimum 30-day rental) no later than June 30, 2024. 16.The property owner shall enter into a Minimum Valuation Agreement, in a form acceptable to the city attorney, to guaranty that the property will have the assessor’s valuation as set forth in their pro forma for property taxes payable in calendar years 2025-2034. In the event that the valuation is not at least the amount projected in the pro forma, the property owner shall reimburse the city for its share of lost tax revenue. IX.LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. X.ECONOMIC DEVELOPMENT AUTHORITY There were no items for the EDA. XI.ADMINISTRATIVE AGENDA There were no items for the Administrative Agenda. XII.VISITORS TO BE HEARD There were no visitors to be heard. XIII. ADJOURNMENT Councilmember Hansen moved, Councilmember Supina seconded a motion to adjourn. Aye: 5, Nay: 0. Motion carried. The meeting was adjourned at 8:10 p.m. ______________________ Date ______________________ Mayor ______________________ City Clerk June 20, 2023