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06/04/2024 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota June 4, 2024 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Bakken, Hansen and Supina. A regular Eagan City Council meeting was held on Tuesday, June 4, at 6:30 p.m. Present were Mayor Maguire, Councilmembers Fields, Bakken, Hansen and Supina. Also present: City Administrator Miller, City Attorney Bauer, Public Works Director Matthys, Finance Director Feldman, Community Development Director Hutmacher, City Planner Schultz, and Assistant to the City Administrator Sullivan. 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 RECOGNITION of Ashleigh Sullivan as Recipient of the Aaron Sather Award City Administrator Miller stated Ashleigh Sullivan was recently recognized at the Minnesota City Management Association Annual Conference with the Aaron Sather Award for Emerging Leaders. The award recognizes individuals who have demonstrated extraordinary commitment to the local government profession and their organizations and show significant promise of leadership and continuing service. Assistant to the City Administrator Sullivan was present and addressed the Council with gratitude for their support, as well as gratitude for the support from City leadership staff and colleagues. The Council thanked Ms. Sullivan for her contributions and commitment to the City. IV. CONSENT AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent Agenda, with the exception of item G. Aye: 5, Nay: 0. Motion carried. A. It was recommended to approve the minutes from the May 7, 2024, City Council meeting. B. Personnel Items: 1. It was recommended to approve the hiring of a Maintenance Trainee, to be named at a future City Council meeting. 2. It was recommended to accept the resignation of Sergio Rodriguez, Firefighter and authorize replacement. 3. It was recommended to approve the hiring of the following part-time recurring and seasonal employees: • Anita Oakman Elections Assistant • Jesse Bowland Elections Assistant • Derek Badger ETV Production Crew City Council Meeting Minutes June 4, 2024 Page 2 • Samuel Larson ETV Production Crew • Samuel (Samantha) Price ETV Production Crew • Tia Wutschke Guest Relations Crew • Nikki (Milki) Tita Guest Relations Crew • Elyse Jahn Head Lifeguard • Elyse Jahn Head Lifeguard • Geneva Rasmussen Lifeguard • Annabelle Carstens Lifeguard • Savannah Ward Lifeguard • Paige Olson Pool Attendant • Bennett Dold Pool Attendant Sub • Matthew Torgerson Rec Program Assistant • John Corey Volunteer Photographer C. It was recommended to ratify the check registers dated May 17 and 24, 2024. D. It was recommended to approve the following ordinary and customary contracts: 1. Vendor Service Agreement with Baztec for fishing clinic services at the July Lakefest event 2. Vendor Service Agreement with Fishing For All for a fly fishing demo at the June Lakefest event 3. Vendor Service Agreement with DD & Company to perform at the July Lakefest event 4. Vendor Service Agreement with Shortie's Sweets & Treats to sell food at all 2024 Lakefest events 5. Vendor Service Agreement for Yang Yumm to sell food at the 2024 Lakefest events 6. Contract with Amy Wolf for ASL Interpretation Services for Spark! Puppet Shows in Summer 2024 7. Interconnection Security Agreement with State of Minnesota to establish procedures for mutual cooperation and coordination between the Flock Group, the MN BCA and the Eagan Police Department 8. Interconnection Security Agreement with State of Minnesota to establish procedures for mutual cooperation and coordination between the Axon Enterprise, Inc., the MN BCA and the Eagan Police Department 9. Sponsorship Agreement with Superior Physical Therapy for Pickleball Tournaments on June 1, 2024 and July 27, 2024 10. Sponsorship agreement with the Eagan 50+ Seniors for Concert in the Park on July 18, 2024 E. Item pulled from agenda. F. It was recommended to Cancel the July 9 Special City Council Meeting. G. The Council requested to remove Item G from the Consent Agenda. H. It was recommended to approve Change Order No. 2 for Eagan Art House (City Project 1558), City Contracts 24-40, 24-53, 24-55, 24-56, 24-57 and 24-58 (Cast-In Concrete, Plumbing & HVAC Piping, Electrical, Earthwork/Utilities/Demo, Site Concrete/Asphalt Paving and Landscaping) authorize Mayor and City Clerk to execute all related documents. I. It was recommended to amend the City’s purchasing policy to adjust the payment and performance bond threshold to the state required level of $175,000 for public construction projects. City Council Meeting Minutes June 4, 2024 Page 3 J. It was recommended to approve an Agreement for assisting in OCDETF investigations, strategic initiatives and prosecutions and approve the use of overtime by the state and local agencies. K. It was recommended to approve an Agreement for assisting in OCDETF investigations, strategic initiatives and prosecutions and approve the use of overtime by the state and local agencies. L. It was recommended to approve an Agreement for assisting in OCDETF investigations, strategic initiatives and prosecutions and approve the use of overtime by the state and local agencies. M. It was recommended to approve Change Order No. 2 for Goat Hill Phase 3 Improvements (City Project 1557), City Contracts 24-59, 24-61, 24-63, 24-64, 24-67, 24-74 (Concrete & Masonry, Glued-Laminated Material, Plumbing, Earthwork & Utilities, Structural Steel, Electrical) and authorize Mayor and City Clerk to execute all related documents. N. It was recommended to approve a one-year extension of the Conditional Use Permit allowing outdoor storage of fiber optic cable reels, conduit reels, and a roll-off dumpster, upon property located at 1950 Seneca Road. O. It was recommended to adopt the 5-year Capital Improvement Plan (CIP) for Public Works Infrastructure (2025-2029) and authorize the initiation of the public improvement process for the 2025 and 2026 programmed improvements. P. It was recommended to approve revisions to the Winer Trail Maintenance Plan. Q. It was recommended to approve final payment of $1,426.90 for Contract 22-23 (Pond DP- 13.2 Improvements) to Blackstone Contractors, LLC, and accept the improvements for perpetual City maintenance subject to warranty provisions. R. It was recommended to approve an Encroachment Agreement for Lot 2, Block 1, Oakview Center 3rd Addition (3015 Holiday Lane). S. It was recommended to adopt a resolution and approve an Off-Site Gambling Permit for the Eagan Lions Club to conduct Bingo and Paddlewheel from July 2 through July 4, 2023 at Eagan Funfest located at 1501 Central Parkway. T. It was recommended to approve the plans and specifications for Contract 24-17 (Sperry Tower – Lighting System Replacement) and authorize the advertisement for a bid opening to be held at 10:30 a.m. CST on Thursday, June 13, 2024, at the North Water Treatment Plant, 3419 Coachman Road. U. It was recommended to adopt a resolution to accept donation of property from Dakota County for park purposes. V. It was recommended to approve a deed from Dakota County to the City and authorize the City Clerk to certify that the same is exempt from the City’s subdivision and platting requirements. W. It was recommended to direct preparation of an ordinance amendment to City Code Chapter 5 regarding alcohol licensing related to a Sport and Event Center License for a new multiuse sports and event center at the Vikings Campus. V. 2023 ANNUAL COMPREHENSIVE FINANCIAL REPORT City Administrator Miller invited staff from Redpath and Company to present the audit report. Rebecca Peterson from Redpath was present and provided a summary of the audit. The result for 2023 was a “clean” opinion, which is the highest level of assurance offered. Councilmember Hansen moved, Councilmember Bakken seconded a motion to receive and accept the 2023 Annual Comprehensive Financial Report. Aye: 5, Nay: 0. Motion carried. City Council Meeting Minutes June 4, 2024 Page 4 VI. PUBLIC HEARINGS VII. OLD BUSINESS VIII. NEW BUSINESS INTERIM USE PERMIT – Viking Lakes Event Parking Renewal – Steve Poppen/MV Ventures City Administrator Miller introduced the item and invited City Planner Schultz to provide additional information and a location map. City Planner Schultz provided a staff report and location map regarding the request to renew an expiring Interim Use Permit for an additional three years to continue use of temporary parking in an area north of Vikings Parkway. The applicant was present for questions. Mayor Maguire called for public comment on the item. Hearing none, the Mayor returned the conversation to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve an Interim Use Permit for three years to continue use of temporary overflow parking on Outlot A, Viking Lakes 3rd Addition, located northwest of Vikings Parkway and Ames Crossing, subject to the conditions listed in the 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 Council, with the following exhibits: o Site Plan 2. The permit shall terminate on June 30, 2027. 3. Grilling and recreational fires are only allowed within designated areas, as approved by the City Fire Chief or his/her designee. 4. If modifications to the site are necessary, all erosion/sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 5. All personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 6. The IUP shall be subject to the City’s codified land disturbance and erosion control regulations. 7. The existing Class 5 aggregate surface used for the temporary parking areas will be subject to continued periodic review by city staff for adequacy of the material to control dust and drainage. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt 8. All parking and storage areas shall be properly maintained to prevent deterioration. 9. The site shall be subject to periodic review by city staff for adequacy of the material for containment and drainage. If determined to be inadequate, the City will require concrete curb and gutter to be installed. City Council Meeting Minutes June 4, 2024 Page 5 10. The applicant shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards and required to meet the City’s codified land disturbance and erosion control regulations. 11. All entrances to the parking lots shall be paved within the city right-of-way. 12. All entrances and main drive aisles shall be designed and constructed to accommodate a 45,000- pound fire truck. 13. All parking areas shall be properly maintained to prevent deterioration. 14. At the expiration of the IUP, the applicant shall obtain a grading permit from the City and restore all hard surfaces (parking areas and driveways) back to turf in a manner acceptable to the City Engineer, with the exception of any areas being actively developed to its ultimate use. Detailed plans for this grading work shall be prepared and signed by a licensed professional engineer. 15. The applicant shall be responsible to restore all boulevards, trails, streets, medians, curb and gutter, irrigation, lighting, and landscaping back to its original condition, in a manner acceptable to the City Engineer. 16. The applicant shall provide and implement an Erosion & Sediment Control (ESC) Action Plan for these parking areas for ensuring prevention of tracking and sediment-laden runoff onto public streets and into downstream waterbodies (e.g. how will it be determined if a street sweeper needs to be present/follow-up for events, identifying who will be responsible person/position for authorizing and initiating actions in the ESC Action Plan, etc.). 17. The applicant shall provide and maintain the temporary stormwater management system for the temporary parking areas during all phases of construction and use, to provide: effective temporary basin capacity and sediment containment, reinforced/non-erosive inlets and outlets for temporary basins, effective conveyance swales, effective surmountable driveway diversion berms for stormwater runoff using appropriate materials (e.g. asphalt) that will not become degraded and breached, and other stormwater management measures to fully contain sediment and prevent sediment discharge from the parking areas into the public stormwater system, public waterbodies and public streets. 18. The applicant shall provide and maintain erosion control (e.g. erosion control blanket with appropriate seeding) around all temporary sedimentation basin side-slopes. 19. The applicant shall provide and maintain temporary fencing around all temporary sedimentation basins and erosion-control blanket areas. 20. The parking lot design, layout, and access locations shall be reviewed by the Event Travel Demand Management Plan (ETDMP) team and shall be subject to modifications of the team’s recommendations. 21. Minnesota Wetland Conservation Act Rules (Minn. Rules Ch. 8420) and Eagan’s wetland protection and management regulations (City Code §11.67) shall apply. 22. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. CONDITIONAL USE PERMIT – SHORELAND – 1423 Kingswood Pond Road – Susan Jordan/homeowner City Administrator Miller introduced the item and invited City Planner Schultz to provide additional information. City Planner Schultz shared a location map of the subject property. City Planner Schultz provided a staff report and location map. Schultz noted the applicant is proposing the installation of a City Council Meeting Minutes June 4, 2024 Page 6 swimming pool, pool deck, and patio which would increase the impervious surface coverage to over 42%. The applicant is proposing to install an infiltration basin to capture stormwater runoff from the excess impervious surface. The applicant was present for questions. Mayor Maguire called for public comment on the item. Hearing none, the Mayor returned the conversation to the Council. Councilmember Hansen moved, Mayor Maguire seconded a motion to approve a Conditional Use Permit to exceed 25 percent impervious surface coverage in a Shoreland Overlay District upon a residential lot located at 1423 Kingswood Ponds Rd, legally described as Lot 4, Block 1, Kingswood Ponds 1st Addition, subject to the conditions listed in the Advisory Planning Commission (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: o Site Plan dated May 22, 2024, with last revision date of ______________ 2. The impervious surface of this lot shall not exceed 42.2% (5,803 square feet) per the based on the proposed impervious calculations provided by the applicant in the submitted narrative dated April 26, 2024. 3. Prior to release of the CUP for recording, the applicant shall provide the City with final plan set and stormwater management report calculations/documentation for all stormwater management requirements for this project, including scaled construction plans with impervious calculations/tables and dimensions, details and elevations of the stormwater management system (both above and below ground) from inflow to overflow, storage volume calculations with estimated percolation rate, 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 2 soil borings must be provided within the footprint of the drywell tank 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 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% of the impervious runoff from the excess impervious surface total from a 1%, 24-hour, 7.47-inch rainfall event, with appropriate drain-down time for an underground system. City Council Meeting Minutes June 4, 2024 Page 7 8. The proposed stormwater 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 by a professional geotechnical scientist, prior to backfilling around perforated tanks, completion of piping connections prior to final grading, etc.). Sub-soil infiltration testing/verification results shall be provided to the City within 24-hours of testing/verification. Sub-soil infiltration testing/verification results must indicate a percolation rate (with 2x safety factor) that ensures that any above-grade temporarily ponded stormwater is below the surface within 48 hours. City time involved in project inspection shall be withdrawn from the applicant’s project escrow. Details shall be provided within the plan set. 9. The proposed stormwater infiltration system shall be designed to safely and appropriately overflow 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. Details shall be provided within the plan set. 10. The proposed stormwater 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 verification, prior to backfilling around water matrix blocks/boxes, 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, prior to security release. 14. The applicant shall discharge water from the pool (including filter backwash) in a form and manner acceptable to the Water Resources Manager. 15. With the application for building permit, the applicant shall provide tree protection information to identify the location and size of the existing tree to be protected and showing placement of tree protection fencing in accordance with the City’s Tree Preservation Ordinance. CONDITIONAL USE PERMIT – We Rock the Spectrum – Meagan Schmitt / Tender Touch Therapy, LLC City Administrator Miller introduced the item and invited City Planner Schultz to provide additional information. City Planner Schultz provided a site plan and staff report on the item. Schultz noted the applicant is requesting a Conditional Use Permit for a recreational sensory gym for children with developmental disabilities and that there are no changes to the site or building at this time. Schultz noted the trash and recyclables containers were located within the parking lot and a condition of approval requires the property to correct. Mayor Maguire called for public comment on the item. Hearing none, the Mayor returned the conversation to the Council. City Council Meeting Minutes June 4, 2024 Page 8 Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve a Conditional Use Permit to allow a health and fitness club in a Business Park zoning district, upon property located at 1020 Discovery Road, subject to the conditions listed in the Advisory Planning Commission (APC) minutes. Aye: 5, Nay: 0. Motion carried. 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The use shall be located as shown on the Tenant Delineation Plan dated April 12, 2024. 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. 5. Trash enclosures shall be placed within an enclosure that meets City Code requirements by September 1, 2024. REQUEST to Deem Churches as similar and compatible to other conditional uses within the NB (Neighborhood Business) zoning district City Administrator Miller introduced the item and invited City Planner Schultz to provide additional information. City Planner Schultz stated that staff have received a CUP application to locate a church in the former Kowalski’s grocery store, which is zoned NB, Neighborhood Business. Currently, within the NB zoning district, religious facilities are not specifically listed as either a permitted or conditional use. City Attorney Bauer responded to a question from Mayor Maguire and stated that staff suggested the applicant to go through the conditional use process as an alternative to seeking a comprehensive plan amendment. In order to apply for the CUP, the Council must determine the religious use is similar and compatible to other CUPs within the district. Councilmember Bakken inquired what the underlying comprehensive guide plan land use for the parcel is. City Planner Schultz responded that it was retail commercial. Councilmember Bakken shared concerns about being overly broad in the determination that a religious facility was similar to a neighborhood business, adding that it depends on the business. Mayor Maguire opined that the land use rights of religious institutions supersede the land use preferences of the City. City Attorney Bauer added that the City could, in the future, look to amend the code to allow churches in specific zoning districts as conditional uses, permitted uses, IUP uses, etc. Councilmember Hansen moved, Councilmember Bakken seconded a motion to deem churches as similar to other conditional uses within the NB zoning district. Aye: 5, Nay: 0. Motion carried. IX. OTHER BUSINESS X. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE XI. ECONOMIC DEVELOPMENT AUTHORITY XII. ADMINISTRATIVE AGENDA City Council Meeting Minutes June 4, 2024 Page 9 XIII. VISITORS TO BE HEARD XIV.ADJOURNMENT Councilmember Hansen moved, Councilmember Bakken seconded a motion to adjourn. Aye: 5, Nay: 0. Motion carried. The meeting was adjourned at 7:34 p.m. ______________________ Date ______________________ Mayor ______________________ City Clerk June 18, 2024