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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