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02/06/2024 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota February 6, 2024 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, February 6, at 6:30 p.m. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Supina. Also present: City Administrator Miller, City Attorney Bauer, Assistant City Engineer Nelson, Community Development Director Hutmacher, and City Planner Schultz. II. ADOPT AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to adopt the agenda as presented. Aye: 5, Nay: 0. Motion carried. III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent agenda. Aye: 5, Nay: 0. Motion carried. A. It was recommended to approve the Special City Council minutes from January 9 and January 23, 2024. B. Personnel Items: 1. It was recommended to approve the Memorandum of Agreement regarding 2024 wages between the City of Eagan and Law Enforcement Labor Services Local #185 – Sergeant Unit. 2. It was recommended to approve the promotion of Amy Reding from Property Maintenance Inspector to Firefighter and authorize replacement. 3. It was recommended to accept the resignation of Joel Columbus, FT Custodian and authorize replacement. 4. It was recommended to accept the resignation of Keegan Geske, Firefighter and authorize replacement. 5. It was recommended to approve the hiring of the following part-time recurring and seasonal employees: • Miranda Kieren Recreation Program Specialist C. It was recommended to ratify the check registers dated January 12, 19, and 26, 2024. D. It was recommended to approve the following ordinary and customary contracts: 1. Sponsorship Agreement with Brookdale Eagan for sponsorship of High Tea on April 29, 2024 2. Independent Contractor Agreement for LaRae Templeton - Pickleball Leagues, Lessons, and Tournaments for 2024 and 2025 3. Vendor Agreement with Lynch Tennis for summer camps 4. Vendor Agreement with Joe Kelly Music for Farm to Table Dinner on August 23, 2024 City Council Meeting Minutes February 6, 2024 Page 2 5. Sponsorship Agreement with Landmark Tours for Music in the Park in June 2024 and Holiday Lunch in December 2024 6. Sponsorship Agreement with Senior Helpers for Music in the Park in June 2024 and Holiday Lunch in December 2024 7. Sponsorship Agreement with The Urgency Room for Market Fest during June-September 2024 8. Building Use Agreement with Mount Calvary Lutheran Church for use of facility during the 2024 Elections 9. Sponsorship Agreement with United Healthcare for High Tea on April 29, 2024 and Music in the Park on July 30, 2024 10. Sponsorship Agreement with Allina/Aetna for Casino Night on March 18, 2024, Fishing & Lunch on June 11, 2024, Music in the Park on July 30, 2024, Senior Expo on Oct. 3, 2024, and Veterans Day Donuts on November 8, 2024 11. Sponsorship Agreement with Freeland Insurance Agency for Pizza Party on May 21, 2024, Music in the Park on Aug. 27, 2024 and Senior Expo on October 3, 2024 E. It was recommended to adopt a resolution to accept the following donations: • $2,000 from Marilyn Rember for the purchase of a park bench at Holz Farm Park • $3,479 from the Eagan Citizens Crime Prevention Association (ECCPA) for the purchase of a K9 Ballistic Vest • $5,267.66 from the Eagan Citizens Crime Prevention Association (ECCPA) to be used towards the purchase of an Alternative Light Source Camera F. It was recommended to approve change order for A/V equipment replacement project at Fire Station 2 Emergency Operations Center (EOC). G. It was recommended to approve a Joint Powers Agreement with Dakota County Transportation Department and the City of Eagan for Cliff Road (County State Aid Highway 32)/ Slater Road - Traffic Signal Improvements and authorize the Mayor and City Clerk to execute all related documents. H. It was recommended to Receive the bids for Contract 24-13 (2024 Municipal Wells - Rehabilitation), amend the Public Works Department’s 5-Year Capital Improvement Plan (2024-2028), adding $83,198.00 in 2024, and award a contract to Keys Well Drilling, Inc. for the base bid in the amount of $276,198.00 and authorize the Mayor and City Clerk to execute all related documents. I. It was recommended to schedule a public hearing for March 4, 2024, to consider final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. J. It was recommended to schedule a public hearing for March 4, 2024, to consider final assessment of the delinquent nuisance abatement bills and certify them to Dakota County for collection with property taxes. K. It was recommended to direct staff to prepare draft Ordinance Amendment, draft Advisory Commissions Policy, and schedule a public hearing for March 4, 2024. L. It was recommended to approve a temporary on-sale liquor license for the University of Minnesota for an event on March 4-6, 2024 at Omni Viking Lakes Hotel located at 2611 Nordic Way. M. It was recommended to approve a manager change of the Off-Sale Liquor License issued to Minnesota Fine Wines & Spirits, LLC doing business as Total Wine & More located at 1440 Central Park Commons Drive. City Council Meeting Minutes February 6, 2024 Page 3 N. It was recommended to approve a manager change of the On-Sale Liquor License issued to Northwoods Entertainment, LLC doing business as Emagine Eagan located at 2055 Cliff Road. O. It was recommended to approve a manager change of the Off-Sale Liquor License issued to Hy-Vee, Inc. doing business as Hy-Vee located at 1500 Central Park Commons Drive, B. P. It was recommended to approve a resolution appointing election judges for the March 5, 2024 Presidential Nomination Primary. Q. It was recommended to cancel the February 13, 2024 Special City Council Meeting. R. It was recommended to approve the Memorandum of Understanding outlining the partnership of a shared studio space between Eagan Television and Eagan High School. S. It was recommended to approve the final payment for City Contract, Police Department Women's Locker Room Addition, in the amount of $13,683.94 to Market and Johnson and accept the improvements for perpetual City maintenance. V. PUBLIC HEARINGS APPROVE Street Improvement Project 1544, Blue Gentian Road APPROVE Street Improvement Project, 1547, Grand Oak Five APPROVE Street Improvement Project 1548, Beverly Drive APPROVE Street Improvement Project 1551, Nicols Road APPROVE Street Improvement Project 1552, O’Neill Dr/ Lone Oak Pkwy/ Vikings Pkwy/ Lone Oak Dr/ Water Annex APPROVE Street Improvement Project 1553, Federal Drive/Bicentennial Assistant City Engineer Aaron Nelson provided an overview of the projects. City Attorney Bauer responded to a question from Councilmember Bakken that the City establishes the interest rate for assessments annually, in April. There was a discussion of whether a resident pays a set interest rate over the life of the assessment, or if the rate can be increased to follow increased interest rates in the market. The Council agreed the topic could be revisited in the future to ensure City can recover project costs. Assistant Engineer Nelson responded to a question from Councilmember Hansen regarding the projects being in one area of the City. There will be additional projects for Council consideration at future meetings which will include other areas of the city. These specific projects are located near each other partly because the pavement in this area of the city is in a similar age and condition. Mayor Maguire opened the public hearing and called for any residents wishing to speak on any of the projects. Steve Poppen, 2600 Vikings Circle, addressed the Council representing the Vikings and MV Ventures collectively. Mr. Poppen expressed appreciation for the City’s maintenance of roads and trails. Given the size of the projects and the impacts on the Vikings and MV Ventures, he is inquiring whether the city would consider extending the amortization period for the assessments from 10 to 20 years. Brenda Quaye, 855 Vikings Parkway, addressed the Council and inquired whether there were any improvements to the Vikings Parkway/Dodd Road intersection under the Traffic Study and the AUAR for Vikings Lakes that are scheduled to take place after the City’s street improvements. And if so, whether it would be best to wait to avoid tearing up new roadway. City Council Meeting Minutes February 6, 2024 Page 4 The mayor called for additional public comment; hearing none, the mayor closed the hearing and returned the discussion to the Council. In addressing the question posed by Mr. Poppen regarding the assessment, City Attorney Bauer responded to a question from Mayor Maguire on whether there is a legal precedent for extending the amortization period, whether there would be logistical challenges, and what the Council could do if it sought to honor the request. Mr. Bauer stated the city was obligated to treat similar properties similarly, and the Council must determine that at the time the assessment is levied. Mr. Bauer indicated that after the assessment is levied, the applicant could request a separate assessment agreement to extend the term. Mr. Bauer added that he could not recall a specific time where the city has extended the period to 20 years. City Attorney Bauer confirmed that the decision before the Council tonight did not require a decision on a possible extension, that the action on such a request could be considered after the project is approved and the assessments are levied. Councilmember Bakken stated he would be interested in considering options to allow the City to cover its borrowing costs. City Administrator Miller stated staff could research and present some options for the Council to consider. Assistant City Engineer Nelson responded to the question regarding the traffic study and stated staff were not aware of additional improvements beyond the AUAR improvements that were completed previously. Mr. Nelson added Dodd Road is a state highway, and that improvements could be planned by MNDoT at any time, though staff are not aware of any plans at this time. The mayor called for a motion. Councilmember Bakken moved, Councilmember Supina seconded a motion to close the public hearing and approve Project 1544, 1547, 1548, 1551, 1552 and 1553 as presented and authorize the preparation of detailed plans and specifications. Aye: 5, Nay: 0. Motion carried. VI. OLD BUSINESS There were no items for old business. VII. NEW BUSINESS CONDITIONAL USE PERMIT – 827 Hidden Meadow Trail – Dustin & Katie Olynyk City Administrator Miller introduced the item and turned to City Planner for a staff report and location map. City Planner Schultz presented a location map and additional information regarding the request for a Conditional Use Permit to exceed the 25% maximum impervious coverage in a Shoreland Overlay District. The applicant was requesting up to 40.43% impervious coverage to allow for an in-ground swimming pool. The applicant, Dustin Olynyk, was present for questions. City Council Meeting Minutes February 6, 2024 Page 5 Mayor Maguire inquired which lake was related to the Shoreland Overlay District. City Planner Schultz shared a map showing the overlay district, which was centered on Ball Lake. The mayor called for public comment on the CUP. Hearing none, the mayor returned the conversation to the Council for additional discussion and action. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to exceed 25% impervious surface coverage in a Shoreland Overlay District for an in-ground swimming pool and pool deck on a residential lot upon the property located at 827 Hidden Meadow Trail, legally described as Lot 3, Block 1, The Oaks of Bridgewater 2nd Addition, subject to the conditions listed in the APC minutes. Aye: 5, Nay: 0; Motion carried. 1. This Conditional Use Permit (CUP) shall be recorded at Dakota County within 60 days of approval by the City Council with the following exhibit: • Site Plan dated December 21, 2023 2. The impervious surface of this lot shall not exceed 40.43% (6,939 square feet) per the Site Plan dated December 21, 2023. 3. Prior to release of the CUP for recording, the applicant shall provide the City with final plan set and stormwater management report documentation for all stormwater management requirements for this project, including details and elevations of the underground stormwater management system from inflow to overflow, geotechnical report and erosion and sediment control requirements for construction stages and final stabilization. 4. Prior to the release of the Conditional Use Permit for recording, the applicant shall provide a $3,000 escrow deposit for a performance security to ensure installation of the underground dry well stormwater infiltration system occurs per the approved plans. 5. Prior to the release of the Conditional Use Permit for recording, the applicant shall provide a $1,000 escrow deposit for inspection of the dry well system installation. 6. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide the City with soil borings equally spaced within the footprint of any proposed infiltration features, 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 Silty-Sand (SM) soils are encountered below the excavation extent. A minimum of two soil borings must be provided within the footprint of the drywell tank system. A minimum of one soil boring must be provided within the footprint of any alternative infiltration system location. 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 volume control requirements are fully met for the mitigated impervious drainage area, to the satisfaction of the City Engineer. 7. The proposed stormwater management system shall be designed, constructed, operated and maintained to effectively capture, retain and infiltrate 100 percent of the impervious runoff from the excess impervious surface total from a 1 percent, 24-hour, 7.47-inch rainfall event, with appropriate drain-down time for an underground system. 8. The proposed underground dry well tank infiltration system shall be installed according to applicable guidelines in the State of Minnesota. During construction steps, the applicant shall provide notification to the City, with minimum of 24-hour notice, for inspection at critical construction stages (completion of excavation, sub-soil infiltration testing, prior to backfilling around perforated tanks, completion of piping connections prior to final grading, etc.). City time involved in project City Council Meeting Minutes February 6, 2024 Page 6 inspection shall be withdrawn from the applicant’s project escrow. Details shall be provided within the plan set. 9. The proposed dry well tank system shall be designed to safely overflow appropriately into existing drainage and utility easements and shall not discharge into neighboring private properties outside of the drainage and utility easement or cause downslope erosion. 10. The proposed dry well tank system shall be installed according to applicable guidelines in the State of Minnesota. During construction steps, the applicant shall provide notification to the City, with minimum of 24-hour notice, for inspection at critical construction stages (completion of excavation, sub-soil infiltration verification, prior to backfilling around dry-well tanks and water storage blocks, completion of piping connections prior to soil media backfilling, final grading, etc.). City time involved in project inspection shall be withdrawn from the applicant’s project escrow. Details shall be provided within the plan set. 11. Mitigative stormwater designs shall be reviewed and accepted by the City Engineering Division and the installation shall be inspected by City staff at the time of installation. 12. The Owner shall enter into a long-term stormwater facility inspection and maintenance agreement with the City of Eagan, detailing the maintenance required to maintain proper operation and performance of the stormwater management system, in a form acceptable to the City Attorney, to be filed in the property records with the Dakota County Recorder’s Office at the Owner’s expense. 13. As-built drawings and capture volume measurements shall be provided to the City that verify minimum storage volume requirement is being met. 14. The applicant shall discharge water from the pool (including filter backwash) in a form and manner acceptable to the Water Resources Manager. 15. The applicant shall work with forestry staff to submit a revised Landscape Plan that fulfills the mitigation requirement through a combination of on-site mitigation planting and/or cash dedication. 16. Issuance of this conditional use permit does not imply an exemption from future tree preservation ordinance requirements. 17. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five (5) 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. CONDITIONAL USE PERMIT –- 3475 Denmark Ave – Superior Collision Center/Dan Sjolseth City Administrator Miller introduced the item and turned to City Planner Schultz to present a location map and staff report. City Planner Schultz presented a location map and additional information about the request for a Conditional Use Permit to add three additional service bays at Superior Collision Center. The applicant, Dan Sjolseth, was present for questions and addressed the Council. Mr. Sjolseth stated he had a verbal agreement with a neighboring property regarding parking. Mayor Maguire inquired of the applicant how the applicant would meet the required parking given the need for some vehicles to be dropped off for service and picked up later. The applicant stated the ability to schedule service appointments helped with this, as well as the practice of parking of loaner vehicles off site to free up parking on the property. City Council Meeting Minutes February 6, 2024 Page 7 City Planner Schultz acknowledged he compared parking thresholds for autobody shops with other cities and found the minimums to be comparable. Mr. Schultz noted the code did not specify between types of auto repair shops. Councilmember Supina inquired whether the applicant had tow trucks or other business-related vehicles. The applicant responded that one company truck usually parked behind the building when it was not making the rounds between locations. The company does not own tow trucks. Councilmember Bakken inquired whether the applicant would be agreeable if the City were to add the condition listed in the memo: “All parking shall be within designated parking stalls. Parking shall not occur on the shared service drives or block any driveway.” The applicant’s architect inquired whether the condition was currently stated within the ordinance. City Planner Schultz stated the code does not state it, but the additional condition creates an enforceable standard that parking only occurs within the parking lot and keep the shared driveway access open for neighboring property owners and emergency vehicles. Councilmember Hansen inquired what implication of violating the condition. City Planner Schultz stated first a letter to the applicant would be provided giving them an amount of time to address the problem. Mayor Maguire called for members of the public to comment on the proposal. Seeing none, the mayor called for amotion. Councilmember Bakken moved, Councilmember Hansen seconded a motion to a Conditional Use Permit to allow three additional service bays for a total of nine service bays, for a motor vehicle repair facility upon property located at 3475 Denmark Avenue, legally described as Lot 1, Block 1, Town Centre 70 20th Addition, subject to the conditions listed in the APC minutes, with the additional condition. Mayor Maguire inquired on the meaning of an oil-absorbent catch basin. Assistant City Engineer Nelson explained a storm sewer drain in the parking lot collects the parking lot runoff, and an absorbent pad would be placed within the basin to ensure oil does not leave the site. Mayor Maguire suggested a cross-easement parking agreement could be negotiated in the future if a lack of parking becomes a problem. Aye: 5, Nay: 0. Motion carried. 1. This Conditional Use Permit (CUP) shall be recorded at Dakota County within 60 days of approval by the City Council with the following exhibit: • Site Plan dated December 20, 2023 2. This conditional use permit replaces the 1997 conditional use permit. 3. All rooftop mechanical equipment must be screened from off-site views in accordance with City Code standards. 4. All signage shall be subject to compliance with the City’s Sign Ordinance. A Sign Permit is required prior to installation of any signs. 5. The exterior finish of the addition shall match the existing building. 6. All trash and recyclables shall be stored inside the trash enclosure, consistent with City Code standards. 7. All lighting shall be downcast and shielded so the source of light is not visible from off the property. A photometric plan shall be provided at the time of Building Permit to confirm new City Council Meeting Minutes February 6, 2024 Page 8 light fixtures provide sufficient illumination throughout the site for security, safety, and site circulation. 8. All auto repair and maintenance shall be done inside the building. 9. The applicant shall install and maintain an effective catch-basin insert filter meeting City standards, in the existing catch-basin in the southwest corner of this site’s stormwater management system, along with the installation and maintenance of effective oil-absorbent materials. City Water Resources staff will re-evaluate after one-year of operation to determine if the oil-absorbing materials within the catch-basin insert filters continue to be needed. 10. The applicant shall include an inspection/maintenance schedule (of an appropriate recurring frequency and after 0.5-inch rain events or greater) and other details for ensuring effective operation of the catch-basin insert filter for pollutant/oil-capture. Details shall be included in applicable plan sheet(s). 11. The property owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the inspection and maintenance required to occur to ensure proper operation and performance of the private stormwater management system pollutant containment practices and measures, in a form acceptable to the City Attorney. 12. The developer shall protect the preserved trees’ critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 13. The developer shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure placement of the Tree Protection Fencing. 14. Issuance of this conditional use permit does not imply an exemption from future tree preservation ordinance requirements. Future development is subject to conditions of the City of Eagan Tree Preservation Ordinance (City Code Section 11.70, Subd. 13) and must be satisfied prior to plan approval. 15. All parking shall be within designated parking stalls. Parking shall not occur on the shared service drives or block any driveway. VIII. OTHER BUSINESS IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE X. ECONOMIC DEVELOPMENT AUTHORITY XI. ADMINISTRATIVE AGENDA XII. VISITORS TO BE HEARD City Council Meeting Minutes February 6, 2024 Page 9 XIII.ADJOURNMENT Councilmember Bakken moved, Councilmember Fields seconded a motion to adjourn. Aye: 5, Nay: 0. Motion carried. The meeting was adjourned at 7:19 p.m. ______________________ Date ______________________ Mayor ______________________ City Clerk March 4, 2024