11/06/2023 - City Council RegularMINUTES OF A REGULAR MEETING OF
THE EAGAN CITY COUNCIL
Eagan, Minnesota
November 6, 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 Monday, November 6, 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, Public Works Director
Matthys, and City Planner Schultz.
II.ADOPT AGENDA
Councilmember Bakken moved, Councilmember Supina seconded a motion to adopt the agenda as
presented. Aye: 5, Nay: 0. Motion carried.
III.RECOGNITIONS AND PRESENTATIONS
There were no recognitions or presentations.
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 October 10 Special and the October 17
Regular Meeting.
B.Personnel Items:
1.It was recommended to approve the Memorandum of Agreement regarding Juneteenth
holiday between the City of Eagan and the International Association of Fire Fighters,
Local No. 5171.
2.It was recommended to approve the Memorandum of Agreement regarding Juneteenth
holiday between the City of Eagan and the Law Enforcement Labor Services Local #170 –
Police Officers Unit.
3.It was recommended to accept the resignation of Kurtis Syvertsen, Police Officer and
authorize replacement.
4.It was recommended to approve the hiring of the following part-time recurring and
seasonal employees:
•Patrick LaCourse Park Laborer
•Alexandra Swords Rink Attendant
C.It was recommended to ratify the check registers dated October 13, 20, and 27.
D.It was recommended to approve the following ordinary and customary contracts:
1.Professional Services contract with RJM Construction for Goat Hill Park Phase
3 Improvements (Shelter Building & Parking Lot)
2.Independent Contractor Agreement with Youth Enrichment League for
services at Eagan Community Center in January-March 2024
City Council Meeting Minutes
November 6, 2023
Page 2
3.Contract with Dakota County for classes at Friendly Hills Middle School in
collaboration with Wescott Library on 12/6 and 12/13
4.Vendor Service Agreement with Eagan Women of Note for performance on
12/3/2023
5.Service Agreement with Cablecast Community Media LLC for Content
Distribution on Apple iOS
E.It was recommended to adopt a resolution to accept the following donations:
•Cub Scout Pack 9455: Popcorn & pretzels (valued at $1,500) to be donated to the Eagan
Fire Department
•Eagan Kick Start Rotary: $1,000 to support Police Youth Initiatives Programs
•Walmart: $2,500 to support the Shop with a Cop Program
F.It was recommended to approve the 3rd Quarter Financial Report as presented.
G.It was recommended to authorize the purchase contract and amend the 2024 Equipment
Revolving Fund CIP budget in the total amount of $220,000 (increase of $25,000) for the
scheduled purchase of a John Deere 6120 Cab Tractor.
H.It was recommended to approve the plans and specifications for the structural package of
the Eagan Art House and authorize the advertisement for a bid opening to be held at 2:00
p.m. on November 30, 2023.
I.It was recommended to approve an On-Sale and Sunday Liquor License for Chip’s Pickleball
Club, LLC doing business as Chip’s Pickleball Club.
J.It was recommended to approve a Premises Permit and adopt a resolution approving Sibley
Hockey Booster Club, Inc to conduct lawful gambling at Final Final Brewing Co, LLC doing
business as Union 32 Crafthouse located at 2864 Hwy 55.
K.It was recommended to approve a resolution in support of Dakota County Transportation
Department’s draft 5- year Capital Improvement Plan for 2024-2028.
L.It was recommended to approve the final payment for Contract 23-05 (2023 City-Owned
Street Light Improvements) in the amount of $6,400.00 to Taylor Electric Company and
accept the improvements for perpetual City maintenance subject to warranty provisions.
M.It was recommended to receive the proposal responses for Contract 24-07 (Cedar Grove
Parking Garage and Redevelopment District - Facility Management Services) and award the
three-year contract to Cornerstone Parking Group for the Base Bid in the amount of
$210,391.98 (2024) and authorize the Mayor and City Clerk to execute all related
documents.
N.It was recommended to approve a temporary trail easement over an existing private trail on
Lot 1, Block 1 Boulder Lakes (3000 Ames Crossing Road); AND to approve additions/revisions
to the current Level of Service for the Winter Trail Maintenance Plan.
O.It was recommended to authorize the use of Napoli Shkolnik, Attorneys at Law, for legal
representation in the Perfluoroalkyl And Polyfluoroalkyl Substances (PFAS) Cost Recovery
Program and authorize the Mayor and City Clerk to execute all related documents.
P.It was recommended to acknowledge the completion and authorize perpetual City
maintenance, subject to warranty provisions, of City Private Project 18-O (Haven Woods).
Q.It was recommended to receive the bids for Contract 23-13 (Large Diameter Sanitary and
Storm Sewer - Closed Circuit Television Video (CCTV)) and award a contract to Pipe Services
for the base bid in the amount of $160,025.20 and authorize the Mayor and City Clerk to
execute all related documents.
City Council Meeting Minutes
November 6, 2023
Page 3
V.PUBLIC HEARINGS
There were no items for Public Hearing.
VI.OLD BUSINESS
There were no items for Old Business.
VII.NEW BUSINESS
PRELIMINARY SUBDIVISION, FINAL SUBDIVISION,
and FINAL PLANNED DEVELOPMENT – Viking Lakes 5th Addition
City Administrator Miller introduced the item and invited City Planner Schultz to provide additional
information. City Planner Schultz shared a location map and staff report of the project. Schultz noted the
applicant was present for questions.
Matt Slaven was present and addressed the Council.
Councilmember Bakken inquired what happened to Building E. Mr. Slaven stated the building was
replaced with an amenity area for Viking Lakes residents due to residents’ desire and appreciation for
greenspace and recreational amenities.
The Mayor inquired about topography on the site with regard to road standards. Public Works Director
Matthys stated the private roadway serves the needs of the residents, and he confirmed that the
dimensions and standards satisfied public safety officials.
Councilmember Supina inquired whether the private drive on the East end would be maintained
privately. Director Matthys confirmed this would be the case, and the property owner would be
responsible for snow removal.
Mayor Maguire called for public input. 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 Preliminary
Subdivision (Viking Lakes 5th Addition) to create two lots upon approximately 21 acres, generally
located south of Vikings Parkway and east of Lone Oak Parkway, legally described as Outlot A, Viking
Lakes 4th Addition, subject to the conditions listed in the APC Minutes. Aye: 5, Nay: 0. Motion carried.
Standard Conditions
1.The developer shall comply with these standards conditions of plat approval as adopted by
Council on July 1, 2014:
A1, B1, B2, B4, C1, C2, C4, E1, F1, G1, H1, I1, J1, K1
2.The property shall be platted.
City Council Meeting Minutes
November 6, 2023
Page 4
GRADING
3.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.
4.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.
WATER QUALITY
5.This development shall install and maintain appropriate temporary erosion and sediment control
practices for protection of the wetland buffer, conservation easement, and downslope waterbodies
and neighboring properties.
6.This development shall comply with Eagan’s regulations for wetland buffers and wetland buffer
vegetation requirements, according to City Code Section 11.67.
7.This development shall meet the City’s Post Construction Stormwater Management Requirements
(City Code Section 4.34) for stormwater management and surface water quality, including Runoff
Rate Control and 1.1” Volume Control (or water quality equivlanet) of effective retention of the
site’s new impervious surface area (including effective soil remediation for all of the site’s disturbed
soils that are to be revegetated).
8.The applicant shall provide adequately sized pre-treatment structures (e.g. 4-foot minimum
depth sump, 5-foot minimum diameter, with floatable skimmer hood, etc.) within the proposed
development’s stormsewer system prior to off-site discharge to the off-site privately-managed
basin and to the public stormsewer system on Lone Oak Parkway, to provide for effective
capture and easily-accessible cleanout of fine-sand sized particles and floatable pollutants. For
storm pipes over 18-inch diameter, the sump depth shall be 2.5 times the inside diameter of the
outlet pipe. 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.
9.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 on-site stormwater pre-treatment structures (e.g. sump structures) for the
protection of downslope waterbodies, in a form acceptable to the City Attorney.
10.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 and pre-treatment structures, including soil loosening & amendment prior to
City Council Meeting Minutes
November 6, 2023
Page 5
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
11.This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
EASEMENTS/ RIGHT-OF-WAY
12.Cross-easements or agreements for ingress/egress (including access to Vikings Parkway, across
Lot 5, Block 1, Viking Lakes 4th Addition) and shared parking shall be executed in a form acceptable
to the City Attorney, prior to final subdivision approval.
13.Trail easements shall be executed in a form acceptable to the City Attorney across Lots 1 and 2,
Block 1, Viking Lakes 5th addition and Lot 5, Block 1, Viking Lakes 4th Addition.
STREETS/ ACCESS/ CIRCULATION
14.The applicant should be responsible to restore the medians, striping, street, curb and gutter,
boulevard, trails, landscaping, irrigation, street lighting, etc. in a manner acceptable to the City
Engineer.
15.The applicant shall obtain a right-of-way permit prior to performing any work within the right-of-
way.
16.The applicant shall evaluate the Vikings Parkway corridor between Lone Oak Parkway and Ames
Crossing Road to determine appropriate ultimate crosswalk locations in accordance with the City
of Eagan Crosswalk Policy, in a manner acceptable to the City Engineer. The applicant also shall
design the crossings prior to final subdivision, and install them, at their own cost, prior to the final
Certificate of Occupancy.
17.The applicant shall provide a contractor parking plan in a form acceptable to the City Engineer,
prior to the approval of the building permit.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Final Subdivision
(Viking Lakes 5th Addition) to create two lots upon approximately 21 acres, generally located south of
Vikings Parkway and east of Lone Oak Parkway, legally described as Outlot A, Viking Lakes 4th Addition,
subject to the conditions listed in the staff report. Aye: 5, Nay: 0. Motion carried.
Standard Conditions
1.The developer shall comply with these standards conditions of plat approval as adopted by
Council on July 1, 2014:
A1, B1, B2, B4, C1, C2, C4, E1, F1, G1, H1, I1, J1, K1
City Council Meeting Minutes
November 6, 2023
Page 6
2.The property shall be platted.
GRADING
3.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.
4.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.
WATER QUALITY
5.This development shall install and maintain appropriate temporary erosion and sediment control
practices for protection of the wetland buffer, conservation easement, and downslope waterbodies
and neighboring properties.
6.This development shall comply with Eagan’s regulations for wetland buffers and wetland buffer
vegetation requirements, according to City Code Section 11.67.
7.This development shall meet the City’s Post Construction Stormwater Management Requirements
(City Code Section 4.34) for stormwater management and surface water quality, including Runoff
Rate Control and 1.1” Volume Control (or water quality equivlanet) of effective retention of the
site’s new impervious surface area (including effective soil remediation for all of the site’s disturbed
soils that are to be revegetated).
8.The applicant shall provide adequately sized pre-treatment structures (e.g. 4-foot minimum
depth sump, 5-foot minimum diameter, with floatable skimmer hood, etc.) within the proposed
development’s stormsewer system prior to off-site discharge to the off-site privately-managed
basin and to the public stormsewer system on Lone Oak Parkway, to provide for effective
capture and easily-accessible cleanout of fine-sand sized particles and floatable pollutants. For
storm pipes over 18-inch diameter, the sump depth shall be 2.5 times the inside diameter of the
outlet pipe. 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.
9.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 on-site stormwater pre-treatment structures (e.g. sump structures) for the
protection of downslope waterbodies, in a form acceptable to the City Attorney.
10.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
City Council Meeting Minutes
November 6, 2023
Page 7
conveyance and pre-treatment structures, including soil loosening & amendment prior to
landscaping, conform to design and/or construction plans, as approved by the City. The
applicant shall submit to the City Engineer certification that the stormwater management
facilities have been installed in accord with the plans and specifications approved. This
certification shall be provided by a Professional Engineer licensed in the State of Minnesota.
UTILITIES
11.This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
EASEMENTS/ RIGHT-OF-WAY
12.Cross-easements or agreements for ingress/egress (including access to Vikings Parkway, across
Lot 5, Block 1, Viking Lakes 4th Addition) and shared parking shall be executed in a form acceptable
to the City Attorney, prior to final subdivision approval.
13.Trail easements shall be executed in a form acceptable to the City Attorney across Lots 1 and 2,
Block 1, Viking Lakes 5th addition and Lot 5, Block 1, Viking Lakes 4th Addition.
STREETS/ ACCESS/ CIRCULATION
14.The applicant should be responsible to restore the medians, striping, street, curb and gutter,
boulevard, trails, landscaping, irrigation, street lighting, etc. in a manner acceptable to the City
Engineer.
15.The applicant shall obtain a right-of-way permit prior to performing any work within the right-of-
way.
16.The applicant shall evaluate the Vikings Parkway corridor between Lone Oak Parkway and Ames
Crossing Road to determine appropriate ultimate crosswalk locations in accordance with the City
of Eagan Crosswalk Policy, in a manner acceptable to the City Engineer. The applicant also shall
design the crossings prior to final subdivision, and install them, at their own cost, prior to the final
Certificate of Occupancy.
17.The applicant shall provide a contractor parking plan in a form acceptable to the City Engineer,
prior to the approval of the building permit.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Final Planned
Development for Viking Lakes Residences Phase 3 (Viking Lakes 5th Addition) comprising of 327 dwelling
units within 3 buildings upon approximately 21 acres, generally located south of Vikings Parkway and
east of Lone Oak Parkway, legally described as Outlot A, Viking Lakes 4th Addition, subject to the
conditions listed in the staff report. Aye: 5, Nay: 0. Motion carried.
1.A Final Planned Development Agreement shall be executed prior to issuance of any building
permits. The Final Planned Development Agreement shall be recorded against the property at
the Dakota County Recorder’s office. The following plans are required for the Final Planned
Development Agreement.
City Council Meeting Minutes
November 6, 2023
Page 8
•Final Site Plan
•Final Building Elevations
•Final Landscape Plan
•Preliminary Signage Plan
•Final Lighting Plan
•Final Amenities Plan
2.All building construction within the proposal area shall incorporate construction methods and
techniques that reduce interior noise impacts from airport noise in accordance with the
Metropolitan Council’s 2040 Transportation Policy Plan and City Code Section 11.64 pertaining
to the Aircraft Noise Zone Overlay District.
3.Trash and recycling containers shall be stored within the principal building or in an enclosure
attached to the building that meets the design standards in the City Code, or otherwise agreed
upon; and be constructed of the same finish materials as the principal buildings.
4.All mechanical equipment, both roof and ground mounted, shall be screened in accordance with
City Code standards or as otherwise agreed upon. All equipment and proposed screening shall
be shown and identified on the Final Building Elevations.
5.The applicant shall provide a detailed landscape and planting plan at the time of building permit.
6.All landscaped areas shall be provided with automatic irrigation in compliance with City Code
requirements.
7.Parking stalls throughout the development are allowed at 9-feet by 18-feet.
8.All signage will be compliant with the Preliminary Signage Plan dated March 2021 and with the
City Code Section 11.70, Subd. 28.
9.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.
10.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.
11.This development shall install and maintain appropriate temporary erosion and sediment control
practices for protection of the wetland buffer, conservation easement, and downslope waterbodies
and neighboring properties.
12.This development shall comply with Eagan’s regulations for wetland buffers and wetland buffer
vegetation requirements, according to City Code Section 11.67.
City Council Meeting Minutes
November 6, 2023
Page 9
13.This development shall meet the City’s Post Construction Stormwater Management Requirements
(City Code Section 4.34) for stormwater management and surface water quality, including Runoff
Rate Control and 1.1” Volume Control (or water quality equivalent) of effective retention of the
site’s new impervious surface area (including effective soil remediation for all of the site’s disturbed
soils that are to be revegetated).
14.The applicant shall provide adequately sized pre-treatment structures (e.g. 4-foot minimum
depth sump, 5-foot minimum diameter, with floatable skimmer hood, etc.) within the proposed
development’s stormsewer system prior to off-site discharge to the off-site privately-managed
basin and to the public stormsewer system on Lone Oak Parkway, to provide for effective
capture and easily-accessible cleanout of fine-sand sized particles and floatable pollutants. For
storm pipes over 18-inch diameter, the sump depth shall be 2.5 times the inside diameter of the
outlet pipe. 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.
15.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 on-site stormwater pre-treatment structures (e.g. sump structures) for the
protection of downslope waterbodies, in a form acceptable to the City Attorney.
16.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 and pre-treatment structures, including soil loosening & amendment prior to
landscaping, conform to design and/or construction plans, as approved by the City. The
applicant shall submit to the City Engineer certification that the stormwater management
facilities have been installed in accord with the plans and specifications approved. This
certification shall be provided by a Professional Engineer licensed in the State of Minnesota.
17.This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
18.Cross-easements or agreements for ingress/egress (including access to Vikings Parkway, across
Lot 5, Block 1, Viking Lakes 4th Addition) and shared parking shall be executed in a form acceptable
to the City Attorney, prior to final subdivision approval.
19.Trail easements shall be executed in a form acceptable to the City Attorney across Lots 1 and 2,
Block 1, Viking Lakes 5th addition and Lot 5, Block 1, Viking Lakes 4th Addition.
20.The applicant should be responsible to restore the medians, striping, street, curb and gutter,
boulevard, trails, landscaping, irrigation, street lighting, etc. in a manner acceptable to the City
Engineer.
City Council Meeting Minutes
November 6, 2023
Page 10
21.The applicant shall obtain a right-of-way permit prior to performing any work within the right-of-
way.
22.The applicant shall evaluate the Vikings Parkway corridor between Lone Oak Parkway and Ames
Crossing Road to determine appropriate ultimate crosswalk locations in accordance with the City
of Eagan Crosswalk Policy, in a manner acceptable to the City Engineer. The applicant also shall
design the crossings prior to final subdivision, and install them, at their own cost, prior to the final
Certificate of Occupancy.
23.The applicant shall provide a contractor parking plan in a form acceptable to the City Engineer,
prior to the approval of the building permit.
24.The applicant shall provide building address numbers per Section 2.78 of the City Code.
PLANNED DEVELOPMENT AMENDMENT – MVTA Eagan Transit Station –
3450 Pilot Knob Road
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 regarding the proposed
amendment. Schultz noted the applicant was not present.
There was a brief discussion among the Council of the reasoning for the prohibition of liquor licenses
within the transit station shops when it was originally constructed in 2000. City Planner Schultz
acknowledged city records do not indicate a reason but possibly attribute to complaints from an
adjacent property owner.
Mayor Maguire called for public input. Hearing none, the Mayor returned the conversation to Council
for additional discussion and motion.
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Planned
Development Amendment to remove the prohibition of a liquor license for establishments located at
3450 Pilot Knob Road, subject to the conditions listed in the APC minutes. Aye: 5, Nay: 0. Motion carried.
1.A Planned Development Amendment Agreement shall be executed and recorded at the Dakota
County Recorder’s Office prior to issuance of a building permit.
2.All other terms of the Planned Development Agreement dated September 7, 1999, shall remain.
3.A Building Permit shall be obtained for the tenant buildout.
4.All signage shall comply with City Sign Code standards. A Sign Permit shall be obtained prior to
installation of any signs.
City Council Meeting Minutes
November 6, 2023
Page 11
VIII.OTHER BUSINESS
There was no other business.
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 Fields seconded a motion to adjourn. Aye: 5, Nay: 0.
Motion carried. The meeting was adjourned at 7:00 p.m.
_____________________
Date
______________________
Mayor
______________________
City Clerk
December 12, 2023