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02/04/2025 - City Council RegularCity Council Meeting Minutes February 4, 2025 Page 1 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota February 4, 2025 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Supina, Bakken, Fields and Hansen. A regular Eagan City Council meeting was held on Tuesday, February 4, 2025, at 6:30 p.m. Present were Mayor Maguire, Councilmembers Supina, Bakken, and Fields. Also present: City Administrator Miller, City Attorney Bauer, Assistant City Administrator Alig, Community Development Director Hutmacher, City Planner Schultz and Assistant Engineer Perkey. II. ADOPT AGENDA Councilmember Fields moved and Councilmember Bakken seconded a motion to adopt the Agenda as presented. III. RECOGNITIONS AND PRESENTATIONS Mayor Maguire introduced Police Chief New, who began by thanking the family members in the audience for their support of Officers Derek Nord, Officer Chase Thomas, and Officer Erik Collins. Chief New invited the family members to pin the officers before administering the oath of office to Officers Nord, Thomas, and Collins. Mayor Maguire then expressed gratitude to the officers for their service. IV. CONSENT AGENDA A. This item was pulled from the Agenda. B. It was recommended to: 1. Approve the collective bargaining agreement with the Law Enforcement Labor Services Local #185 – Police Sergeants Unit. 2. Approve the lateral transfer of Ryan Roupe from Web Developer to Digital Media and Marketing Specialist, and authorize replacement. 3. Approve the hiring of Nicholas Kindelspire, Firefighter. 4. Approve the hiring of a Maintenance Technician, to be named at a future City Council meeting. 5. Approve the change of status of David Jenkins from part time to full time Custodian, and authorize replacement. City Council Meeting Minutes February 4, 2025 Page 2 6. Approve the hiring of a Crime Analyst, to be named at a future City Council meeting. 7. Approve the hiring of Maya Drusch, Clerical Tech IV in the Police Department. 8. Approve the hiring of Lila Erickson-Nelson, Clerical Tech IV in the Police Department. 9. Approve the hiring of the following part-time recurring and seasonal employees: • Antonio Gonzalez , PT Custodian • Alyssa Whetstone , Art Instructor C. It was recommended to ratify the check registers dated January 17 and January 24 as presented. D. It was recommended to approve the following ordinary and customary contracts: 1. Vendor Agreement with Marv Gohman on May 18, 20252. 2. Vendor Agreement with Minneapolis Jazz Guitar Duo on April 29, 20253. 3. Extension of locker rental agreement at Cascade Bay4. 4. Vendor Agreement with TRIZ- Mason Tangen for Eagan Food Truck Festival on August 8, 20255. 5. Sponsorship Agreement with Sholom for Afternoon Tea on April 21, 2025, National Senior Health & Wellness Day on May 28, 2025, Senior Expo on October 7, 2025 and Holiday Lunch on December 15, 2025.6. 6. Sponsorship Agreement with Herself Health for the Senior Expo on October 7, 2025. E. This item was pulled from the Agenda. F. It was recommended to approve Change Order No. 9 for Eagan Art House (City Project 1558). G. It was recommended approve Change Order No. 8 for Goat Hill Phase 3 Improvements (City Project 1557). H. It was recommended to award City Contract 25-08, Sky Hill Athletic Courts Rehabilitation. I. It was recommended to award Contract 25-07, 2025 Water Quality Improvements. J. It was recommended to approve Plans & Specifications Contract 25-10 (Project 1377), Argenta Trail Street Reconstruction and Schedule Bid Opening. K. It was recommended to waive all license and permit fees related to Eagan Rotary Live to Give Walk. City Council Meeting Minutes February 4, 2025 Page 3 L. It was recommended to approve a Premise Permit and Adopt a Resolution for AmVets Post 1 to Conduct Lawful Gambling at Teresa’s Mexican Restaurant. M. It was recommended to approve Final Payment to Bartley Sales Company for City Contract 24-72 (Work Scope 10A), City Project 1557. N. It was recommended to approve a one-year extension of Conditional Use Permit for Superior Automotive. O. It was recommended to authorize submittal of a Dakota County Community Development Agency Redevelopment Incentive Grant application on behalf of Ryan Companies to assist with demolition costs associated with the Thomson Reuters Campus Redevelopment and adopt a Resolution approving the funding request. P. It was recommended to approve Final Payment to Crosstown Masonry, Inc for City Contract 24-59 (Work Scope 3A), City Project 1557. Q. It was recommended to approve Final Payment to MCI, Inc. for City Contract 24- 85 (Work Scope 9C), City Project 1557. R. It was recommended to approve Final Payment to Tekton Construction Company for City Contract 24-88(Work Scope 6E), City Project 1557. S. It was recommended to approve Final Payment to C & S Management Company, Inc for City Contract 24-77 (Work Scope 7A), City Project 1557. T. It was recommended to approve Final Payment to Lake Areas Roofing & Construction for City Contract 24-68 (Work Scope 7B), City Project 1557. U. It was recommended to approve Final Payment to Wheeler Hardware Co. for City Contract 24-69 (Work Scope 8A), City Project 1557. V. It was recommended to approve Final Payment to Focal Point Fixtures for City Contract 24-89 (Work Scope 6D), City Project 1557. W. It was recommended to approve Final Payment to Envision Glass, Inc. for City Contract 24-78 (Work Scope 8C), City Project 1557. X. It was recommended to approve Final Payment to Stern Drywall, Inc. for City Contract 24-87 (Work Scope 9A), City Project 1557. Y. It was recommended to approve Final Payment to MCI Inc. for City Contract 24- 84 (Work Scope 9B), City Project 1557. Z. It was recommended to approve Final Payment to Julius B. Nelson for City Contract 24-71 (Work Scope 9D), City Project 1557. AA. It was recommended to approve final payment to Signation Sign Group for City Contract 24-86 (Work Scope 10B), City Project 1557. BB. It was recommended to approve Final Payment to GR Mechanical Plumbing & City Council Meeting Minutes February 4, 2025 Page 4 Heating for City Contract 24-63 (Work Scope 22A), City Project 1557. CC. It was recommended to approve the Final Payment to Centaire Heating & A/C Inc. For City Contract 24-73 (Work Scope 23B), City Project 1557. DD. It was recommended to approve Final Payment to Arcade Electric for City Contract 24-74 (Work Scope26A), City Project 1557. EE. It was recommended to waive all license and permit fees related to Eagan Kick Start Rotary Foundation’s annual 5K and Kids Run. FF. It was recommended to declare Miscellaneous City Property as Surplus. GG. It was recommended to approve Final Payment to WL Hall Company for City Contract 24-80 (Work Scope 10C), City Project 1557. HH. It was recommended to schedule Public Hearing for March 4, 2025, to Certify Delinquent Utility Bills. II. It was recommended to schedule Public Hearing for March 4, 2025, to Certify Delinquent Nuisance Abatement Bills. V. PUBLIC HEARINGS A-E. APPROVE Street Improvement Project 1371, Erin Drive/ Erin Lane City Administrator Miller introduced the agenda item and invited Assistant City Engineer Perke y to provide additional details. Mr. Perke y provided a presentation and gave a brief history of the Street Revitalization Project, detailing the location and scope of the improvements across five planned projects. He presented information on the estimated project costs, the assessment ratio, financing details, estimated assessments, and the project schedule. After the presentation, Mayor Maguire opened the floor for questions from Council before officially opening the public hearing. Several residents made comments regarding potential obstructions during construction, the project timeline, the process for determining assessments, coordination with Dakota County's trail construction, on-street parking, and the organization of trash collection to minimize wear and tear on the streets. Councilmember Supina moved and Councilmember Fields seconded motion to close the Public Hearing and approve Project 1371, Project 1568, Project 1569, Project 1570 and Project 1573 as presented and authorize the preparation of detailed plans and specifications. Aye:4, Nay:0, Motion Carried VI. OLD BUSINESS City Council Meeting Minutes February 4, 2025 Page 5 No Old Business VII. NEW BUSINESS A. PLANNED DEVELOPMENT AMENDMENT- Kwik Trip/ Steven Lowe - A Planned Development Amendment to allow construction of a new 9,125 square foot convenience store with an integrated 3,065 square foot double bay carwash located at 4198 Pilot Knob Road, Lots 1, 2 & 3, Block 1, Hilltop Plaza City Administrator Miller introduced the item and invited City Planner Schultz to provide additional details and a location map. Mr. Schultz presented the applicant's proposal, which included plans for signage, light pollution mitigation, and landscaping. Lisa Watson, the Real Estate Manager, was available to answer any questions. Mayor Maguire opened the floor for questions from Council. A question was raised about the types of vehicles expected at the fuel station, specifically whether large semi-trucks would be using the facility. The applicant clarified that there would not be fuel pumps available for semi-trucks at this location. The applicant also confirmed that no trails would be disrupted, and that the signage and entry/exit of the fuel station complied with city requirements. The mayor opened the meeting to public comment, Residents expressed general support for the fuel station but raised concerns about pedestrian safety, noise, and lighting. In response, the applicant proposed limiting the hours of operation to reduce noise. Mayor Maguire inquired about the environmental impacts of reinstalling fuel tanks. The applicant explained that new tanks would be installed, and old tanks would not be reused to avoid leaks and mitigate any negative environmental effects. Councilmember Fields moved and Councilmember Bakken seconded a motion to approve a Planned Development Amendment to allow construction of a new convenience store and motor fuel station with an attached two-bay car wash upon approximately 3.53 acres located at 4160, 4168 and 4198 Pilot Knob Road, legally described as Lots 1 and 2, and part of Lot 3, Hilltop Plaza, subject to the following conditions . Aye:4, Nay:0, Motion Carried 1. A Planned Development Amendment Agreement shall be executed and recorded with the Dakota County Recorder’s office. The following exhibits shall be made part of the Agreement: • Site Plan • Building Elevations City Council Meeting Minutes February 4, 2025 Page 6 • Signage Plan • Tree Preservation and Landscape Plan • Site Lighting Plan 2. A Final Planned Development shall be required prior to issuance of a Building Permit. The following plans are required for the Final Planned Development Agreement: • Final Site Plan (including outdoor display areas) • Final Building Elevations • Final Landscape Plan • Final Signage Plan • Final Lighting Plan 3. This Planned Development Amendment Agreement terminates and replaces any and all prior Planned Development Agreements pertaining to the property. 4. The term of this Preliminary Planned Development shall be three (3) years. 5. The property shall be replatted into one legal lot of record prior to issuance of a building permit. 4. The Final Site Plan shall provide a five-foot pavement setback along the east edge adjacent to the daycare parking lot. 5. Car wash entry and exit doors shall be closed during the wash/dry cycles. 6. Site lighting shall be provided in conformance with City Code standards. Fixtures shall be downcast and shielded so the source of light is not visible from off the property, illumination throughout the parking lot shall be not less than 0.5 footcandles and shall not exceed 1.0 footcandle at the property line. 7. Screening for the car wash shall be provided as specified in this Code. 10. The outdoor display performance standards shall be satisfied except for the display area size which shall be delineated on the approved Site Plan. Outdoor displays shall not be located at the fuel pumps. City Council Meeting Minutes February 4, 2025 Page 7 11. A screen wall on the east side of the building may be used for storage of delivery totes (or other crated items) and such items cannot extend above or beyond the screen wall. 8. Other outdoor storage shall be prohibited. The sale and rental of motor vehicles, trailers, campers, boats and other items which are not kept entirely within the building shall be prohibited. 13. Any use of speakers and an electronic sound system, including sound from video screens on the fuel pumps, shall be in compliance with City Code standards. 14. Except when in use for access, the gates of the trash enclosure shall remain closed at all times. 15. All signage shall be subject to compliance with City Code standards, including dynamic display screens on fuel pumps, temporary signs, and window signage. Tree Preservation 16. The applicant shall provide a revised Landscape Plan at the time of Final Planned Development that shows the 3% of building value standard is met and adds landscaping between the car wash queueing and adjacent daycare parking lot. 9. The applicant shall revise the landscape plan to utilize evergreen plant materials (e.g. utilize arbor vitae or similar species in place of or in addition to proposed lilacs) to achieve the required six-foot solid screen along the east side of the pond abutting the residential district across Hilltop Lane. 18. The applicant shall provide a current Tree Inventory and Preservation Plan at the time of Final Planned Development. 19. The applicant shall provide a separate Tree Mitigation Plan identifying trees proposed to be planted for mitigation, and an Overall Planting Plan combining the proposed plantings for both landscaping and tree mitigation purposes on one combined plan before the Final Planned Development. The Tree Mitigation Plan shall show the number of, size, species, and/or cash dedication equivalent of all required mitigation trees. Mitigation trees are in addition to landscape requirements and shall be labeled as such on an Overall Planting Plan. City Council Meeting Minutes February 4, 2025 Page 8 20. 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. 21. Per ordinance, the applicant shall ensure the survival of preserved trees via a Performance Guarantee for trees within fifteen feet (15’) of the construction zone, prior to tree removal or issuance of a land disturbance permit. 22. 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. Storm Drainage 23. The applicant shall confirm pipe material for storm sewer on the plans. Current plans indicate the use of polyethylene (PE), PVC, and reinforced concrete pipe (RCP). Stormwater Management/Water Quality 24. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 25. This development shall comply with Eagan’s Land Disturbance Stormwater Pollution Prevention and Post-Construction Stormwater Management Requirements (City Code Section 4.34) for stormwater management and surface water quality, including land disturbance requirements and water quality treatment equivalent to 1.1-inch Volume Control, for effective treatment of the site’s impervious surface area (including effective City Council Meeting Minutes February 4, 2025 Page 9 soil remediation for all of the site’s disturbed soils that are to be revegetated greenspace). 26. The applicant shall provide adequately sized pre-treatment structures (e.g. 4-foot minimum depth sump, 5-foot minimum diameter, with floatable skimmer hood, energy dissipation, etc.) at, or immediately upstream of, any stormwater facility inlet to provide for effective capture and easily-accessible cleanout of fine-sand sized particles and floatable pollutants. Skimmer hoods to be installed must also include hydrocarbon absorbent pillows/booms, secured within the structure and able to be easily replaced/maintained. 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. 27. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide appropriate details for an enhanced-removal filtration basin, which shall include the removal of a majority of dissolved phosphorus from the site’s stormwater runoff to the filtration basin, to the satisfaction of the City Engineer. Details shall include construction cross-sections and notes to include an appropriate impermeable liner and under-drain with cleanout/vents. Plans shall include iron-sand mix specification/ composition/source and appropriate estimated iron-sand mix volume needed based on accepted calculations for majority capture of dissolved phosphorus and minimum of 25- year service life (approximately 128 cubic yards/173 tons). Basin inlets (pipe outfalls) shall have appropriate rip-rap with fabric beneath extending to the basin bottom elevation, to prevent discharging onto side-slopes. Basin bottom with exposed iron-sand shall not be planted. The remainder of the media in the filtration basin shall be clean, washed sand. This clean, washed sand area can be live-planted with appropriate species at 18-inch on-center spacing with biodegradable netting erosion-control blanket or could be left unplanted and covered with 2-3-inch depth of clean pea-rock. Side slopes shall be seeded and/or live planted and covered with erosion-control blanket with biodegradable netting. Details shall include temporary erosion-control protections at top and toe of side-slopes and sediment log surrounding the iron-sand filter portion. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Grading Plan, Utility Plan, etc.). Pertinent plan sheets shall also include notes that grading and utility contractor(s) shall provide minimum of 24-hours advance notice to City Water Resources Staff of any grading or utility work involving the proposed filtration basin system and installation of any pre-treatment structures, inlets, outlets and any other structural components or critical construction steps, providing contact email and City Council Meeting Minutes February 4, 2025 Page 10 phone number for City Water Resources Staff for arranging inspections at critical construction steps. 28. Prior to receiving city approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies in the plan set for City review, and acceptance by the City Engineer, that provide graphical details and notes on soil protection/restoration in the Stormwater Management Plan and prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading Plan, Landscape Plan, etc.) and shall specify estimated quantities of soil ripping area and volume of compost to be imported and incorporated on pertinent plan sheet quantity tables. Prior to receiving a Certificate of Occupancy for any affected construction, Soil Management Strategy implementation documentation (e.g. haul tickets, representative on-site soil samples, compaction testing and soil organic content test results) shall be provided to City Water Resources staff to verify approved soil management strategy compliance. Notes shall be provided that implementing contractor shall provide 24-hours advance notice to City Water Resources staff prior to implementation of soil loosening and amendment. 29. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the annual inspection and maintenance required to occur to ensure proper operation and performance of the private permanent stormwater management system, in a form acceptable to the City Attorney. 30. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall demonstrate that all stormwater management practices are performing as intended and shall provide the City Engineer as-built plans meeting City requirements for as-built standard submittals that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sump(s), filtration basin, etc.), 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. Sanitary Sewer/Water Main City Council Meeting Minutes February 4, 2025 Page 11 31. The plans shall be modified to show the portion of existing sanitary sewer to be removed under Hilltop Lane to be abandoned in place and a bulkhead installed at the downstream end. 32. The existing 6-inch water main extending from Pilot Knob Road across the north side of the site and extending south towards the convenience store shall become “private” and be the responsibility of the applicant to own and maintain. The existing 6-inch water main that extends from Hilltop Lane west towards the proposed convenience store shall be considered “public” and shall be within a drainage and utility easement. The applicant shall install a gate valve on the water main separating “private” and “public” water main. 33. The applicant shall verify the location and connection point of the existing water service that supplies the daycare located at the southeast corner of the site (northwest corner of Hilltop Lane and Diffley Road), the service connection to the daycare shall be from “public” water main. 34. The plans shall be modified to show the portion of sanitary sewer under Hilltop Lane to be abandoned in place with an appropriate material. All sanitary sewer within the site shall be considered “private”. Easements/ Right-of-way/ Permits 35. Cross-easements for ingress/egress and shared parking shall be executed in a form acceptable to the City Attorney. 36. The applicant shall provide private maintenance agreements for the private streets, in a form acceptable to the City Attorney. 37. The applicant shall provide private maintenance agreements for the private utilities, in a form acceptable to the City Attorney. City Council Meeting Minutes February 4, 2025 Page 12 38. For private utilities within public drainage and utility easements, the applicant shall enter into an encroachment agreement to allow private utilities in a public easement, in a form acceptable to the City Attorney. 39. The applicant shall apply for Dakota County right-of-way permit for construction within the county right-of-way such as the right turn lane on Pilot Knob Road and private trail connection to public trail along Pilot Knob Road. Prior to issuance of a building permit, the applicant shall furnish evidence of County approvals to the City. 40. The applicant shall apply for City right-of-way for work conducted within Hilltop Lane right-of-way. 41. The applicant shall apply for a City sewer and water permit for the proposed utility changes. 42. : This development shall provide a cash trail dedication payable at the time of building permit at the rates then in effect. VIII. OTHER BUSINESS IX. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE X. ECONOMIC DEVELOPMENT AUTHORITY XI. ADMINISTRATIVE AGENDA XII. VISITORS TO BE HEARD (FOR THOSE PERSONS NOT ON THE AGENDA) XIII. ADJOURNMENT Councilmember Bakken moved and Councilmember Fields seconded a motion to adjourn the meeting. Aye:4, Nay:0, Motion Carried The meeting was adjourned at 7:51 P.M. City Council Meeting Minutes February 4, 2025 Page 13 ____________________________________ Date ____________________________________ Mayor _____________________________________ City Clerk 03/042025