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09/05/2023 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota September 5, 2023 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Supina. A regular Eagan City Council meeting was held on Tuesday, September 5, at 6:30 p.m. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Supina. Also present: City Administrator Miller, City Attorney Bauer, Community Development Director Hutmacher, and City Planner Schultz. II. ADOPT AGENDA Councilmember Hansen moved, Councilmember Bakken seconded a motion to adopt the agenda as presented. Aye: 5, Nay: 0. Motion carried. III. RECOGNITIONS AND PRESENTATIONS ADMINISTER Oath of Office to Newly Appointed Eagan Firefighters Eric Purves, Emily Anderson, and Jaadon Ries City Clerk VanHoose Administered the Oath of Office to the new firefighters. Chief Searle was present to introduce the firefighters and the individuals they had selected to pin their badges. ADMINISTER Oath of Office to Newly Appointed Eagan Police Offers Payton Walser, Liam O’Shea and Brooke Hendrickson Chief New addressed the Council and introduced the new police officers to be sworn-in and administered their oaths of office. 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 August 8 Special City Council Meeting and the August 15 Regular City Council Meeting. B. Personnel Items: 1. It was recommended to approve the hiring of Jacob Vaupel, Assistant Street Maintenance Supervisor. 2. It was recommended to approve the promotion of Rebecca Foote from Engineering Technician – Utilities Division to Utilities Administration Supervisor, and authorize replacement. 3. It was recommended to approve the promotion of Kevin miller from PT ETV Production Crewmember to ETV Production and Digital Assistant. 4. It was recommended to accept the resignation of Matthew Davidson, Street Maintenance Worker and authorize replacement. City Council Meeting Minutes September 5, 2023 Page 2 5. It was recommended to accept the resignation of Ben Hodges, Forestry Maintenance Worker and authorize replacement. 6. It was recommended to accept the resignation of Tanner Palm, Firefighter and authorize replacement. 7. It was recommended to approve the hiring of the following part-time recurring and seasonal employees: • Annabelle Dahlheimer Building Attendant - Concessions • Jacob Pankratz Forestry Landscape Crew • Maxwell Flaten Park Laborer - Seasonal • Elsa Varpness Pool Attendant • Rachael Glover Preschool Teacher's Asst • Kristy Nelson Skating Instructor • Steve Bolluyt Street Maintenance Worker - Seasonal • Tom Schoenecker Street Maintenance Worker - Seasonal C. It was recommended to ratify the check registers dated August 11, 18, and 25. D. It was recommended to approve the following ordinary and customary contracts: 1. Accept a grant from the Minnesota State Arts Board in the amount of $52, 700 2. Performance agreement with Heart of a Tinman at the Farm to Table Dinner 3. Agreement with Law Enforcement Technologies Corporation for the use of their crisis negotiations software 4. Annual contract with Clear Channel billboard 5. Vendor Service Agreement with Minnesota Ballet Collective 6. Vendor Service Agreement with Alys Ayumi Ogura 7. Vendor Service Agreement with Raija Langhoff 8. Release Agreement with ESIS on behalf of Ace American Insurance Company related to a property damage claim E. It was recommended to adopt a resolution to accept the following donations: • $1,000 from Kwik Trip to fund fire response equipment related to Lithium Ion batter fires. F. It was recommended to adopt a resolution to accept a grant from Minnesota State Arts Board in the amount of $52,750 and amend the 2023 General Fund Budget for $29,500 for Eagan Parks and Recreation through June 30, 2024 G. It was recommended to adopt a resolution allowing the City of Eagan to authorize a special deer season in 2023. H. It was recommended to authorize the name change of the Energy and Environment Advisory Commission (EEAC) to Sustainable Eagan Advisory Commission (SEAC), effective 09/05/2023, and approve the SEAC Workplan. I. It was recommended to authorize signing of a letter to the MN Emergency Services Regulatory Board (EMSRB) that designates the Eagan Fire Department as the primary medical responder to medical emergencies in the City of Eagan. J. It was recommended to approve the final payment for Contract 23-01 (2023 Street Revitalization) in the amount of $338,141.89 to McNamara Contracting, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. K. It was recommended to approve Final Payment for Contract 22-25 (2022 City-Owned Streetlight Improvements) in the amount of $131,285.00 to Taylor Electric Company, LLC, City Council Meeting Minutes September 5, 2023 Page 3 and accept the improvements for perpetual City maintenance subject to warranty provisions. L. It was recommended to approve a temporary on-sale liquor license and waive the license fee for Church of St. Thomas Becket on September 16, 2023 at 4455 S. Robert Trail. M. It was recommended to approve a temporary on-sale beer license for Hayes’ Public House for an event they will be sponsoring on September 9, 2023 at 1507 Central Parkway rugby fields. N. It was recommended to approve a resolution to temporarily extend the licensed premise of the On-Sale Liquor License issued to Cupcake, Inc dba Mason Jar Kitchen and Bar for event on September 15, 22, and 29, 2023. O. It was recommended to approve a grant agreement with Minnesota Department of Public Safety, Office of Traffic Safety for continued staffing of a dedicated DWI/Traffic Safety Officer. P. It was recommended to receive bids for Contract 23-21 (Almquist Lake Alum Treatment), award a contract to SOLitude Lake Management, for the bid amount of $55,434.00, and authorize the Mayor and City Clerk to execute all related documents. V. PUBLIC HEARINGS CERTIFY Delinquent Utility Bills City Administrator Miller introduced the item and noted the City Code allows for the certification of unpaid utility bills. Finance Director Feldman was present for questions. Mayor Maguire inquired about the property owner of 1950 Rahncliff Drive. Director Feldman stated the property was the Norwood Inn. Mayor Maguire called for public comment on the item. Hearing none, the Mayor returned the conversation to Council for additional discussion and motion. Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. Aye: 5, Nay: 0. Motion carried. VI. OLD BUSINESS There were no items for Old Business. VII. NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT – Birch Wood Townhomes/Robert Storm – Hunt Drive and Birchpond Road City Administrator Miller introduced the item and invited City Planner Schultz to provide additional information. City Planner Schultz provided a location map and a staff report regarding the proposal. Schultz highlighted the requested deviations including building and parking lot setbacks, building coverage and reduced recreation space. City Council Meeting Minutes September 5, 2023 Page 4 Staff noted the dedication of Skyhill Park to meet the park and trail dedication requirement. The applicant, Robert Storm, was present and addressed the Council. Mr. Storm noted the retaining wall created a constraint that required the pursuit of deviations. Mayor Maguire asked City Planner Schultz to clarify the location of the retaining wall. Schultz showed the location of the retaining walls on the location map. Public Works Director Matthys responded to a question from the Mayor that the stormwater pond on the property is maintained by the City. Councilmember Hansen asked the applicant whether the proposed plan had any benefits over the prior plan that was approved 2004. The applicant responded the current plan allows for three additional units and the design is more aligned with market demands. Mayor Maguire inquired about the excess (County) right-of-way along Pilot Knob Road and the building setbacks. City Planner Schultz clarified the buildings meet required setbacks. Schultz noted a condition was added that the decks could not be converted to three- or four-season porches. Mayor Maguire called for public comment on the item. Hearing none, the Mayor returned the conversation to Council for additional discussion and motion. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment (PDA) to construct 24 townhome units within three buildings on 2.25 acres for property located at 1650 and 1654 Hunt Drive, legally described as Lots 1 and 2, Block 1, Terra Glenn 3rd Addition, subject to the conditions listed in the APC minutes. Aye: 5, Nay: 0. Motion carried. 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder’s office. The following exhibits are necessary for the agreement: a. Final Site Plan b. Final Building Elevations c. Final Tree Mitigation Plan d. Final Landscape Plan e. Final Planting Plan f. Final Site Lighting Plan g. Final Photometric Plan Platting 2. The property shall be replatted into a single lot. Mechanical Screening 3. All mechanical equipment shall be screened in accordance with the provisions of the City’s zoning code. Any ground mounted equipment shall be shown on the Site Plan and screened. Roof mounted vents and other appendages shall match the roof color. City Council Meeting Minutes September 5, 2023 Page 5 Signage 4. The monument sign shall be subject to City Sign Code standards with a maximum 7 feet in total height and constructed of stone materials similar to the buildings. 5. A Sign Permit is required prior to sign installation. Address Numbers 6. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. Architecture 7. The Building Elevations shall be revised to provide variation in material type on all elevations and both material and color enhancements on the end elevations. 8. The garage doors shall be painted to match the building exterior. Site Plan 9. The monument sign shall be relocated out of drainage and utility easements. 10. The entire dog park shall be fenced. The height of the fence shall be depicted on the Site Plan, not to exceed six feet. 11. The decks fronting Yankee Doodle Drive shall not convert to three- or four-season porches unless they meet the setback requirements (56 feet) from the Yankee Doodle Road right-of-way. Site Lighting 12. The applicant shall submit a Photometric Plan not to exceed 4/1 average-to-minimum ratio and not to exceed 1 foot candle at the property line. Landscaping and Tree Preservation 13. The applicant shall fulfill tree mitigation requirements through the installation of twenty-two (22) Category B trees or equivalent Category A or C trees. Installation of tree mitigation shall be accomplished with the building permit, and corresponding financial guarantee provided in accordance with City Code. 14. 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. 15. 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. 16. The applicant shall submit a revised Landscape Plan minus tree mitigation. 17. The applicant shall submit a revised Tree Mitigation Plan. A cash equivalent shall be provided should tree mitigation be unsatisfied through plantings. 18. The applicant shall submit a Planting Plan which combines both landscape and tree mitigation requirements. 19. The applicant shall continue to work with staff to refine the overall plans and verify that 3 percent of building value is achieved. Grading City Council Meeting Minutes September 5, 2023 Page 6 20. 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. Storm Drainage 21. 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 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). 22. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide to the City with soil borings equally spaced within the footprint of any 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 (silty sands) soils are encountered below the excavation extent. A minimum of 2 soil borings must be provided within the footprint of each proposed stormwater infiltration system. 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. 23. The applicant shall provide adequately sized pre-treatment structures (e.g. 5-foot minimum depth sump, 5-foot minimum diameter, with floatable skimmer hood, energy dissipation, etc.) at, or immediately upstream of, any underground stormwater infiltration 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. 24. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide and include in the plan set all underground stormwater infiltration system details, including that a) an off-line bypass to prevent construction stormwater from entering the infiltration/perforated pipes shall be provided until drainage area stabilization, b) isolator row provided at any stormwater inlet point into the underground systems from an impervious surface, c) no limestone shall be used below or between the infiltration chambers, d) unobstructed physical access via manhole will be provided to either end of the isolator row(s) for inspection and maintenance, e) 10- inch minimum diameter inspection ports will be provided on all infiltration gallery rows, f) cross-sections and elevations of pipe/chamber network including manifold elevations. 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 underground infiltration chamber system, including over-excavation, installation of pre-treatment structures, inlets, outlets, sump skimmer hoods, temporary bypass piping, etc. City Council Meeting Minutes September 5, 2023 Page 7 Shop drawings related to the underground stormwater infiltration chamber system must be provided to the City for review before installation. 25. 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 and 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, sub-soil 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, outlet 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, seeded or live-planted side-slopes, and permanent erosion-control details for 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 basin, including installation of all inlets and outlets, including contact email and phone number for City Water Resources Staff. 26. 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 0.9-inches per hour (based on 0.45- 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 0.9-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. 27. 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 and 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 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 City Council Meeting Minutes September 5, 2023 Page 8 contractor shall provide 24-hours advance notice to City Water Resources staff prior to implementation of soil loosening and amendment. Detail shall be included in applicable plan sheet(s) using Eagan Standard Detail Plate E800. 28. 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. 29. 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 (pretreatment sumps, underground stormwater infiltration system, etc.), including greenspace soil loosening and 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. Utilities 30. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. Streets/Access/Pedestrian Circulation 31. The internal private access drives shall be designed to accommodate access for public safety vehicles, in a manner acceptable to the Fire Chief and City Engineer. 32. The constructions plans shall be updated to show the existing bituminous trail along Hunt Drive, and how the driveway will be connected to the trail, in a manner acceptable to the City Engineer. 33. The applicant shall provide a contractor parking and staging plan prior to issuance of a building permit, in a manner acceptable to the City Engineer. INTERIM USE PERMIT – Justman Freight Fuel Tank/Micheal Nesisius – 4855 South Robert Trail City Administrator Miller introduced the item and invited City Planner Schultz to provide additional information and a location map. City Planner Schultz provided a site map and staff report regarding the request to replace an existing 12,000-gallon fuel tank for a 20,000-gallon tank. Schultz explained because the property is currently zoned R-1, and non-conforming, the larger tank is not allowed. The request is for a 5-year term on the IUP. The property owner, Mike Neisius, was present and addressed the Council. Mr. Neisius noted the existing tank is about 30 years old and the new larger tank has more technology. The larger tank would also help during longer holiday weekends. Mayor Maguire inquired about the history with the adjacent property and if this site had been re- guided with the property to the north if this would be an issue. City Planner Schultz explained the subject property was removed from prior consideration due to the neighbor’s structure over the shared City Council Meeting Minutes September 5, 2023 Page 9 lot line. He added the applicant intends to purchase the property to the south and eventually re-guide and rezone the property. Councilmember Hansen inquired whether the replacement of the tank constituted expansion of the operation. City Planner Schultz stated the larger tank was being allowed through the IUP. Once the applicant is able to acquire the other property, the City would seek to fully legalize the outdoor storage of the larger tank. Mayor Maguire called for public comment on the item. Hearing none, the Mayor returned the conversation to Council for additional discussion and motion. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve an Interim Use Permit (IUP) for five years to allow an above ground 20,000-gallon fuel tank upon property legally described as Lot 1, Block 3, Dodd View Addition, subject to the conditions listed in the Advisory Planning Commission (APC) minutes. Aye: 5, Nay: 0. Motion carried. 1. The Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City, and proof of recording shall be submitted to the City. 2. The 5-year Interim Use Permit shall terminate on September 5, 2028. 3. The above ground tank shall be maintained at the specified location on the Site Plan received July 19, 2023. 4. Installation of the tank shall follow requirements of the 2020 Minnesota Fire Code. 5. The protective bollards shall be maintained surrounding the tank as approved by the Eagan Fire Marshal, and the Eagan Fire Marshal shall approve a method for dispensing and securing the tank from improper or unauthorized dispersion of fuel. 6. All Building and Mechanical Permits shall be completed and approved. 7. The applicant shall display NFPA 704 label to identify the product in the tank. 8. The applicant shall display a “No Smoking” sign. 9. The applicant shall adhere to all State, County and City rules and laws, including Aboveground Storage of Liquid Substances for performance standards and technical requirements. PLANNED DEVELOPMENT AMENDMENT – Club Car Wash/Justin Barnes – 1075 Diffley Road City Administrator Miller introduced the item and invited City Planner Schultz to provide additional information. City Planner Schultz provided a location map and provided a staff report. The applicant representative, Michael Leidig, was present to address the Council. Mr. Leidig highlighted some key aspects of the proposal. Councilmember Bakken inquired on the method of payment. The applicant responded that credit card and cash payments would be accepted, and a membership option was also available. The site would be fully staffed during all open hours. Mayor Maguire inquired about the applicant’s willingness to provide screening to the vacuum turbines. City Council Meeting Minutes September 5, 2023 Page 10 The applicant responded the vacuums were being moved to the south and east of the site to limit disturbance to neighboring residential areas. The applicant stated it was impossible to locate the turbines in an enclosed building but other screening options were on the table. City Planner Schultz stated the conditions called for an enclosure where materials would match the principal building. Mayor Maguire inquired regarding staff’s concern with the proposed sign. City Planner Schultz clarified staff’s preference for consistency with the Holiday Station sign. Mr. Leidig stated he was confident his team would be able to come to an agreement on the design of the sign base that would satisfy the City’s recommendations. Mayor Maguire called for public comment on the item. Laura Hedlund, 1364 Wilderness Run Rd, stated she was sad about the proposal having met a best friend for the first time at the former McDonalds. Ms. Hedlund added that she had also envisioned the site serving as a healthy or vegan fast food establishment, or a local foods coop. She would like the site to serve as a vibrant gathering space for the community. Ms. Hedlund is also concerned with the lack of greenspace on the site and the deviations requested as well as water use with the carwash. Deborah Hugenin, 27-year resident and live approximately one mile from the area, stated she was unable to attend the APC meeting and asked whether the decision was already made. Ms. Hugenin stated the restaurant functioned as a community gathering space and as a convenient option for a meal in the vicinity of schools and sports fields. Jeremy Rahn, resident in the area, believes there has been very little visibility of this project with only one small sign on the property announcing the development of the site. Mr. Rahn raised the issue of noise impacts on parks and the daycare in the area. He also questioned whether it was true the McDonalds was unable to be sold to a competitor via a non-compete clause, despite the preference of the neighborhood that the site continue to serve as a restaurant. Hearing no additional comments, the Mayor returned the conversation to the Council for additional conversation and motion. Public Works Director Matthys responded to the question about water use. It was Director Matthys’ understanding that the water would be reused on the site. City staff have no concerns regarding the site’s water use. Community Development Director Hutmacher responded to the question about whether the decision was a done deal. The Council would be deciding whether to approve the Planned Development Amendment, and until then, the proposal is not definitive. Director Hutmacher summarized the procedures for development applications and the public notification process. City Planner Schultz responded to the question regarding a study of noise impacts to the nearby parks and daycare. Mr. Schultz stated there was no research done. There are two conditions added to minimize noise from the vacuums and requiring the bay doors automatically close when a car is inside the wash. City Council Meeting Minutes September 5, 2023 Page 11 Community Development Director Hutmacher responded to the question regarding the City’s involvement in the sale of properties. While the City has a duty to review all development applications, the City does not intervene in the decision of a property owner to sell their property. While the City can set zoning requirements, it cannot dictate which specific businesses should operate on a given site. Councilmember Supina inquired whether the vacuum turbines ran continuously or only while the vacuum was in use. City Planner Schultz stated the vacuum would run continuously while the building was open for business. The applicant added the vacuums do continuously run, but while the hose is reconnected to the stanchion the individual unit was off. The Mayor inquired on the level of noise from the turbine itself when the vacuums were not in use. The applicant responded 70 decibels from about 15-20 feet away from the turbine. Councilmember Mike Supina inquired about the distance to the nearest residential site. City Planner Schultz responded the closest residential area was on the west side of Lexington Way, about 250 feet away. Community Development Director Hutmacher clarified that because the property is zoned Planned Development, the PD amendment is a contract for the current McDonalds restaurant. To change to a different use requires an amendment to the PD to allow a contract change from a restaurant to another use. While the Neighborhood Business zoning allows for many uses, the PD zoning [for this site] allows for a restaurant. Mayor Maguire stated the City did not get involved in sale of properties and reiterated that the private market determines the best use of a site, as long as it meets zoning guidelines. Councilmember Fields added the Eagan Convention Center and Visitors Bureau often advises businesses on available sites in Eagan. She added the pylon sign be redesigned to remove the thick brick bottom. City Planner Schultz stated if the Council desired, a condition could be added stating the applicant would work with staff on a final pylon design. City Attorney Bauer suggested the condition be that the applicant would submit a revised sign plan in a manner acceptable to staff. Mayor Maguire called for a motion. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to allow a commercial car wash upon approximately 1.4 acres located at 1075 Diffley Road, legally described as Lot 2, Block 1, Soderholm Addition, subject to the conditions listed in the APC minutes including the additional condition. Councilmember Hansen highlighted the concerns raised by the neighbors and stated he would be voting no on the proposal. The Mayor called for a vote. Aye: 4, Nay: 1 (Hansen). Motion carried. City Council Meeting Minutes September 5, 2023 Page 12 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder’s office. The following exhibits shall be made part of the Agreement: • Site Plan • Building Elevations • Signage Plan • Landscape and Tree Mitigation Plan • Site Lighting Plan 2. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. 3. Individual trash receptacles shall be emptied as needed to prevent overflow, and at the end of each day. Any litter shall be picked up promptly and properly disposed of within the appropriate receptacles. All trash receptacles shall be kept in good repair and in accordance with the standards in City Code Section 10.01. 4. The vacuum stations and supporting trellis system and the associated individual trash receptacles shall all be the same color and match the color palette of the principal building. 5. The vacuums shall only be available for operation during the hours that the car wash is open and staffed. 6. The vacuum turbines shall be enclosed in a structure designed to be compatible with the principal building. Details for the enclosure shall be provided for inclusion in the Planned Development Amendment Agreement and are subject to approval by the City Planner. 7. The applicant shall repair or correct in a timely and expedited manner any sustained high-pitched noises produced by the vacuum equipment that may be due to, but not limited to, faulty connections and failing devices. 8. A revised Building Elevations plan shall be provided for incorporation into the PD Amendment Agreement showing additional architectural elements for visual interest on the west elevation to meet City Code standards. 9. A Sign Permit shall be obtained prior to installation of any signs, and compliance with the City’s Sign Code will be confirmed at that time. 10. At least four vehicle parking stalls and one accessible stall shall be provided, and shown on a revised Site Plan at the time of building permit. 11. A revised Landscape Plan shall be provided that reflects the following modifications subject to review and acceptance of the City Planner, for incorporation in the PD Amendment Agreement: City Council Meeting Minutes September 5, 2023 Page 13 a) Reconcile labels and symbology to match the type of quantities of plant materials. b) Add landscaping along south edge of site to achieve screening of car wash drive lanes and vacuums at 75% opacity to a height of three to four feet. c) Provide a landscape bed around the base of pylon sign. d) Add landscaping at the northeast corner with appropriate plants compatible with the utility easement. e) Show underlying topographical contours and utilities information. f) Add note that tree wrap, if used, is to be installed by November 1 and removed by April 1. 12. The applicant shall submit a revised Landscape Plan that identifies mitigation trees and shows fulfillment of the mitigation requirement indicated above through a combination of on-site mitigation planting and/or cash dedication 13. 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. 14. 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. 15. 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 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). 16. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide to the City with soil borings equally spaced within the footprint of any 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. A minimum of 2 soil borings must be provided within the footprint of each proposed underground stormwater infiltration pipe gallery system 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. City Council Meeting Minutes September 5, 2023 Page 14 17. The applicant shall provide adequately sized pre-treatment structures (e.g. 4-foot minimum depth sump, 5-foot minimum diameter, with floatable skimmer hood, energy dissipation, etc.) at, or immediately upstream of, any underground stormwater infiltration 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. 18. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide and include in the plan set all underground stormwater infiltration system details, including that a. an off-line bypass to prevent construction stormwater from entering the infiltration/perforated pipes shall be provided until drainage area stabilization, b. isolator row provided at any stormwater inlet point into the underground systems from an impervious surface, c. no limestone shall be used below or between the infiltration chambers, d. unobstructed physical access via manhole will be provided to either end of the isolator row(s) for inspection and maintenance, e. 10-inch minimum diameter inspection ports will be provided on all infiltration pipe rows, f. cross-sections and elevations of pipe/chamber network. 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 underground infiltration chamber system, including over-excavation, installation of pre- treatment structures, inlets, outlets, sump skimmer hoods, temporary bypass piping, etc. Shop drawings related to the underground stormwater infiltration chamber system must be provided to the City for review before installation. 19. 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 1.5-inches per hour (based on 0.75-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 0.75-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. 20. 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 and Sediment Control Plan, Grading Plan, Landscape Plan, etc.) and shall specify City Council Meeting Minutes September 5, 2023 Page 15 estimated quantities of soil ripping area and volume of compost to be imported and incorporated on pertinent plan sheet BMP 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. Detail shall be included in applicable plan sheet(s) using Eagan Standard Detail Plate E800. 21. 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. 22. 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, underground stormwater infiltration system, etc.), including greenspace soil loosening and 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. 23. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 24. The applicant shall provide a contractor parking and staging plan prior to issuance of a building permit, in a manner acceptable to the City Engineer. 25. The applicant shall reinstall the missing “do not enter” sign at the southern entrance from Diffley Road, in a manner acceptable to the City Engineer. INTERIM USE PERMIT – Wenzel Heating & Air Conditioning – 4145 Old Sibley Highway City Administrator Miller introduced the item and invited City Planner Schultz to provide additional information. City Planner Schultz provided a location map and summarized the request. The interim use permit is requested because outdoor storage is not allowed within the BP zoning district. The applicant was not present to address the Council. City Council Meeting Minutes September 5, 2023 Page 16 Mayor Maguire inquired of staff on the level of screening on the site. City Planner Schultz pointed out the existing trees and vegetation appear to screen that portion of the property from the public street. Councilmember Bakken moved, Councilmember Supina seconded a motion to approve an Interim Use Permit (IUP) for three years to allow outdoor storage of six commercial vehicles and a cargo container upon property located at 4145 Old Sibley Highway, legally described as Lot 1, Block 1, Preusse 2nd Addition, subject to the conditions listed in the Advisory Planning Commission (APC) minutes. Aye: 5, Nay: 0. Motion carried. 1. This Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The outdoor storage shall be limited to one cargo container, and six commercial vehicles consisting of pick-up trucks, flatbed trucks, enclosed and flatbed trailers. 3. The outdoor storage shall be limited to the location as identified on the Site Plan submitted July 19, 2023. 4. The Interim Use Permit is approved for a term of three years, and shall terminate on September 5, 2026. 5. 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. CERTIFICATION of Preliminary 2024 General Fund Budget & Tax Levy City Administrator Miller stated the City is required to certify the preliminary budget and tax levy on or before September 30. The levy can be decreased but it cannot be increased. The Council is also required to announce the time at which the budget will next be discussed. Ms. Miller noted since the August 8 Council workshop, a few minor adjustments have been made but none affect the tax levy. The tax levy is proposed to increase 6.9% over 2023. Based on market value estimates, the average value home in Eagan is expected to see an increase over 2023 taxes of around 31 dollars, or 3.3 percent. The County has yet to establish its Truth in Taxation hearing, but should the date conflict with the City’s, the Council could act at a later time to reschedule the City’s hearing. The Proposed Budget and Levy will be proposed in more detail at the December 5 Council Meeting. Finance Director Feldman was present for questions from the Council. Mayor Maguire called for public comment on the item. Hearing none, the Mayor returned the conversation to Council for additional discussion and motion. City Council Meeting Minutes September 5, 2023 Page 17 Councilmember Bakken moved, Councilmember _ seconded a motion to approve the preliminary payable 2024 property tax levy as follows: Operating $ 40,972,400 Capital 5,405,590 Abatement 17,000 Debt Service 2,438,479 Total Levy 48,833,469 Further, to approve the preliminary 2024 General Fund budget, including contingency, of $52,337,700. Further, to set the date for the public hearing of the Payable 2024 levy and budget as Tuesday, December 5. Further, to make the following announcement as required by State of Minnesota: “The next regularly scheduled meeting at which the levy and budget will be discussed is the City Council meeting of Tuesday, December 5 at 6:30 p.m., here in the Council Chambers. The public will be allowed to speak at this meeting.” The Mayor thanked the budget team for their work on the budget. The Mayor called for a vote. Aye: 5, Nay: 0. Motion carried. 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. City Council Meeting Minutes September 5, 2023 Page 18 XII.ADJOURNMENT Councilmember Fields moved, Councilmember Bakken seconded a motion to adjourn. Aye: 5, Nay: 0. Motion carried. The meeting was adjourned at 8:45 p.m. ______________________ Date ______________________ Mayor ______________________ City Clerk September 19, 2023