12/15/2015 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
DECEMBER 15, 2015
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire and Councilmembers Bakken, Fields, and Hansen. Councilmember Tilley was absent.
A regular meeting of the Eagan City Council was held on Tuesday, December 15, 2015 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire and Councilmembers Bakken, Fields, and
Hansen. Councilmember Tilley was absent. Also present were City Administrator Osberg, Assistant City
Administrator Miller, Finance Director Pepper, Director of Communications Garrison, Acting Parks &
Recreation Director Flewellen, Director of Community Development Hohenstein, City Planner Ridley,
Director of Public Works Matthys, and Executive Assistant Stevenson.
AGENDA
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as
presented. Aye:4 Nay:0
RECOGNITIONS AND PRESENTATION
There were no recognitions and presentations to be heard.
CONSENT AGENDA
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent
Agenda as presented: Aye: 4 Nay: 0
A. It was recommended to approve the minutes of November 30, 2015 regular City
Council meeting and December 8, 2015 Special City Council meeting as presented or
modified.
B. Personnel Items:
It was recommended to approve the proposed 2016 non-union Compensation Plan for
all regular non -collective bargaining employees, which will reflect a 2% increase
effective on or about January 1, 2016, to coincide with the pay period.
It was recommended to approve the adjustments to the City Administrator's 2016
compensation to meet the State's salary cap law.
It was recommended to authorize preparation of an application to the State of
Minnesota for waiver of the salary cap in future years.
C. It was recommended to ratify the check register dated November 30 and December 4, 2015
as presented.
D. It was recommended to approve the ordinary and customary contracts with Brave New
Institute dba Brave New Workshop Student Union, Yuming Fine Arts, and Environmental
Systems Research Institute, Inc.
E. It was recommended to approve the 2016 Parks and Recreation Department CIP for park
improvements.
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F. It was recommended to approve a resolution to accept a donation from Spotlight Media
Relations for $7,500 in public relations services during 2016 for focused messaging on
art/artists in Eagan, including Eagan Art House activities.
G. It was recommended to adopt a resolution authorizing the submittal of a 2016 CDA
Redevelopment Incentive Grant (RIG) program application for assistance within the Cedar
Grove Redevelopment Area.
H. It was recommended to approve a 60 -day extension to the Final Plat approvals for property
located at 4095 Blackhawk Road.
I. It was recommended to approve an extension of time to May 1, 2016 to complete
installation of grillwork and pergolas for property at 3965 Eagan Outlets Parkway, Twin
Cities Premium Outlets.
J. It was recommended to adopt a resolution accepting a $1,000 cash donation from Patricia
Judge in honor of her late husband Gregg and direct the funds to revenue account number
1102.2862 for account purposes.
K. It was recommended to approve the 2016-2020 General Facilities Renewal & Replacement
(R&R) Capital Improvement Plan (CIP) and the 2016 budget within that plan.
L. It was recommended to approve the 2016-2020 Vehicles and Equipment Capital
Improvement Plant (CIP) and the 2016 budget within that plan.
M. It was recommended to receive the Draft Feasibility Report for Project 1142 (Nicols Road —
Street Improvements) and schedule a public hearing to be held on January 19, 2016.
N. It was recommended to receive the Draft Feasibility Report for Project 1194 (Whispering
Woods 9th —12th Additions —Street Improvements) and schedule a public hearing to be held
on January 19, 2016.
O. It was recommended to receive the Draft Feasibility Report for Project 1195 (Oslund
Timberline / McCarthy Ridge — Street Improvements) and schedule a public hearing to be
held on January 18, 2016.
P. It was recommended to receive the Draft Feasibility Report for Project 1202 (Commers Drive
—Street Improvements) and schedule a public hearing to be held on January 19, 2016.
Q. It was recommended to approve a Joint Powers Agreement through December 31, 2018,
with Dakota County Soil and Water Conservation District for Technical Services for
conservation projects through 2018, and authorize the Mayor and City Clerk to execute all
related documents.
R. It was recommended to approve an amendment to the Fee Schedule Appendix for the
current Consulting Engineering Contracts for services to be provided in 2016.
S. It was recommended to approve the plans and specifications for Contract 15-04 (Sperry
Tower Recommissioning) and authorize the advertisement for a bid opening to be held at
11:00 a.m. on Thursday, February 4, 2016, at the North Water Treatment Plant, located at
3419 Coachman Point, Eagan, MN.
T. It was recommeh.ded to approve the plans and specifications for Contract 15-23 (Well No. 3
Restoration — Water System Improvements) and authorize the advertisement for a bid
opening to be held at 10:30 a.m. on Thursday, February 4, 2016 at the North Water
Treatment Plant, located at 3419 Coachman Point, Eagan, MN.
U. Item was removed.
V. It was recommended to approve the final payment for Contract 15-07 (2015 City-wide
Sewer Lining — Sanitary Sewer Improvements) in the amount of $155,001.60 to Insituform
Technologies USA, Inc., and accept the improvements for perpetual City maintenance
subject to warranty provisions.
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W. It was recommended to approve the final payment for Contract 15-09 (2015 Trail and
Parking Lot improvements) in the amount of $86,119.23 to McNamara Contracting, Inc., and
accept the improvements for perpetual City maintenance subject to warranty provisions.
X. It was recommended to approve the modifications of the 5 -year Capital Improvement Plan
for Public Works Infrastructure, Part III — Infrastructure (2016-2020), Water Quality
Improvements to add the following: Project 65-160006, Central Maintenance Facility Storm
Water BMPs (2016) $500,000 (water Quality Fund 1127).
Y. It was recommended to approve a resolution requesting the Minnesota Commissioner of
Transportation's approval of the revocation of a segment of Yankee Doodle Road currently
listed on the City of Eagan's Municipal State Aid (MSA) roadway system.
Z. It was recommended to approve the official summary of Ordinance No. 550, a Franchise
Agreement with Minnesota Energy Resources Corporation, and authorize the Mayor and
City Clerk to direct its publication.
AA. It was recommended to approve a resolution to accept a donation from Bob Lane, a citizen
of Eagan, in the amount of $500 toward the restoration of the Historic Eagan Town Hall.
BB. It was recommended to approve an easement vacation of public drainage and utility
easements located on Lots 1 and 2, Block 1, Oakbrooke 8t" Addition, and to approve a final
plat (Oakbrooke 9t" Addition) upon approximately one acre located south of Deerwood
Drive between Blackhawk Middle School and Johnny Cake Ridge Road.
CC. It was recommended to approve Change Order No. 2 to Contract No. 15-10, Old Town Hall
Repairs and Renovation, and authorize the Mayor and City Clerk to execute all related
documents.
PUBLIC HEARINGS
Variance — 2949 Skyline Drive
(Aspen Builders, Jorj Ayaz/Reza Alizabeh)
City Administrator Osberg introduced the item noting the Council is being asked to approve a
variance to exceed the maximum 20% building coverage by 1.7% for property located at 2949
Skyline Drive.
City Planner Ridley gave a staff report and provided a site map.
Jorj Ayaz, Aspen Builders, representing the applicant, gave an overview of the request and was
available for questions.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Hansen moved, Councilmember Fields seconded a motion to close the public hearing
and approve a variance to exceed the maximum 20% building coverage by 1.7% for property located at
2949 Skyline Drive, subject to the following conditions: Aye: 4 Nay: 0
If within one year after approval, the variance shall not have been completed or utilized, it shall
become null and void unless a petition for extension has been granted by the Council. Such
extension shall be requested in writing at least 30 days before expiration and shall state facts
showing a good faith attempt to complete or utilize the use permitted in the variance.
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2. The applicant shall obtain a Building Permit prior to construction of the addition.
3. The applicant shall identify the property line and verify compliance with required setbacks at
the time of the footing inspection.
4. The addition shall be constructed of exterior materials similar and compatible to the principal
building.
There was not old business to be heard.
OLD BUSINESS
NEW BUSINESS
Planned Development, Final Planned Development and Final Plat
Summit Orthopedics / Alex Young MSP Commercial
City Administrator Osberg introduced the item noting the Council is being asked to approve a planned
development amendment and final planned development to construct a three-story 70,000 s.f. medical
office and clinic for Summit Orthopedics upon approximately 4.2 acres located at the southwest corner
of 1-494 and Pilot Knob Road.
City Planner Ridley gave a staff report and provided a site map. Ridley noted a revised plan was received
addressing the building and parking lot setbacks, parking stall sizes and counts, green space, signage and
tree mitigation.
Jameson Young, Summit Orthopedics CFO, introduced herself and provided an overview of Summit's
operations, their desire to consolidate existing Eagan operations at this site and to expand services
provided in Eagan.
The applicant Alex Young, MSP Commercial, explained MSP's approach to the site development. Young
noted the modifications on the revised plans that address the concerns of the nearby property owner.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
The Council discussed the request.
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Planned
Development Amendment and Final Planned Development, per the revised plan, to construct a three-
story 70,000 s.f. medical office and clinic upon approximately 4.2 acres located at the southwest corner
of 1-494 and Pilot Knob road, subject to the following conditions as presented: Aye: 4 Nay: 0
A Final Planned Development Agreement shall be executed and recorded with the Dakota
County Recorder's office within 90 days of approval. Proof of recording shall be provided to the
City. The Final Planned Development Agreement shall include the following exhibits:
a. Site Plan
b. Building Elevations
c. Landscape Plan
d. Tree Mitigation Plan
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2. The property shall be re -platted.
3. The building shall incorporate sound attenuation measures to achieve an interior sound level
reduction of 24 dBA within Zone 3 per City ordinance. Compliance with this standard shall be
demonstrated at the time of Building Permit.
4. The color of the rooftop mechanical suite panels shall match the color of the brick or building
trim.
5. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City
Code.
6. The overall planting plan shall be revised, in a manner acceptable to the City Forester, to provide
appropriate spacing of plant materials to allow for mature growth, and greater amount of plant
materials designated to fulfill minimum landscape standards.
7. Tree mitigation shall be fulfilled with a cash payment of $94,800.00, payable prior to any land
disturbance on the property.
8. The applicant shall obtain temporary construction easements or agreements for any
construction occurring outside the property, in a form acceptable to the City Attorney, prior to
the release of the plat for recording. All public and private streets, drainage systems, and
utilities necessary to provide service to this development shall be designed and certified by a
registered professional engineer in accordance with City adopted codes, engineering standards,
guidelines, and policies.
9. A detailed land disturbance and erosion control plan shall be prepared in accordance with
current City land disturbance and erosion control regulations prior to final plat approval.
10. 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
(IVINDOT) 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.
11. The existing culvert under Eagan Woods Drive, draining the low area in the southern portion of
the site, shall be abandoned with the development in a means acceptable to the City Engineer.
12. This development shall meet the City's Post Construction Stormwater Management
Requirements (City Code §4.34) for stormwater management and surface water quality,
including Runoff Rate Control and 1.1" Volume Control on the site's new impervious surface
area (including effective soil remediation for the site's disturbed soils that are to be
revegetated).
13. The applicant shall provide adequately sized pre-treatment (e.g. 4' sumps with scour protection
and skimmer hood, etc.) at, or immediately upstream of, all stormwater management facility
inlets to provide for effective capture and easily -accessible cleanout of fine -sand sized particles
and floatable pollutants. Details shall be included in applicable plan sheet(s).
14. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide the
City with soil boring logs from a minimum of four soil -borings within any proposed infiltration
area, extending a minimum of 10' below the bottom of the proposed infiltration feature, to
evaluate and ensure suitability for infiltration. If the soil boring logs indicate incompatibility of
existing sub -soil permeability with the submitted and reviewed design plans for meeting volume
control requirements, the applicant shall revise the design and/or construction plans (e.g. over-
excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met.
15. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide
construction details of proposed sub -surface infiltration system for City review/acceptance by
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the City Engineer and include in construction plans. Construction details shall include infiltration
system cross-section(s), appropriate base construction specifications for infiltration,
construction sequencing/protection/restoration notes, sizing/volume tables, details for
inlets/outlets, unobstructed inspection/maintenance access to inlets/outlets/header row/pipe
gallery, etc., to ensure sub -surface infiltration system is properly designed, constructed, and
adequately protected during / after construction to prevent clogging, and able to be properly
accessed, inspected and maintained to function as intended. These graphical details and notes
shall be prominently included in all applicable plan sheets (e.g. Grading Plan, Utility Plan, etc.).
16. Prior to receiving city approval to permit land disturbing activity, the property owner shall
provide detailed Soil Management Strategies for City review, and acceptance by the City
Engineer, that provide clear assurances that by final grading, prior to installation of any
irrigation and plantings, the disturbed areas that are to be revegetated will have protected
and/or restored soil permeability to non -compacted soil conditions in the top 12" of soil with no
less than 5% soil organic matter content, to comply with Volume Control requirements. These
graphical details and notes on soil protection/restoration shall be included in the Stormwater
Management Plan and prominently included in all applicable plan sheets (e.g. Erosion &
Sediment Control Plan, Grading & Drainage Plan, Utility Plan, Landscape Plan, etc.).
Documentation (e.g. representative on-site soil samples) shall be provided to City Water
Resources staff to verify approved soil management strategy compliance.
17. Prior to receiving city approval to permit land disturbing activity, 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 permanent stormwater management system, in a form acceptable to the
City Attorney.
18. During sub -surface infiltration system area over -excavation and sub -soil work, the applicant
shall ensure that a Certified Soil Scientist will be present to verify and document that practice
area sub -soils are suitable for a saturated condition infiltration rate of 1 -inch per hour or greater
(but less than 8.0 -inch per hour). If the sub -soil infiltration rates are less than 1 -inch per hour (or
greater than 8.0 -inch per hour), the applicant shall immediately notify the City Engineer and
revise the volume control practice(s) as necessary (e.g. over-excavation/soil-amendment depth,
etc.) to ensure volume control requirements are fully met. At completion of
structural/compacted base within each subsurface infiltration system, the applicant shall ensure
that a soil scientist will be present to verify and document that the subsurface infiltration
system's structural/compacted base is suitable to infiltrate a minimum of 1 -inch per hour or
greater in saturated conditions. Documentation shall be provided to the City within 48 -hours
after infiltration testing. The applicant shall provide the City Water Resources staff with 24-hour
advance notice of the occurrence of infiltration verifications and also prior to any sub -surface
chamber placement or backfilling within any of the infiltration practices.
19. Before the city issues a Certificate of Occupancy on the development site, the applicant shall
provide the City Engineer as -built plans that demonstrate that all constructed stormwater
conveyance structures, stormwater management facilities (sumps, infiltration practices, etc.),
and soil management strategies conform to design and/or construction plans, as approved by
the City. As -built volumes (for retention) shall be provided for all infiltration practices. 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.
20. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
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21. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide
telecommunications fiber to the premises (FTTP). This development should include the
installation of fiber optic cable, or a conduit for future installation, in its construction plans at
the time of Building Permit.
22. The applicant shall obtain all necessary Mn/DOT and Dakota County permits for any trail
connections in their right-of-way.
23. The applicant shall obtain a private drainage easement or agreement for any storm water being
directed onto neighboring properties, in a form acceptable to the City Attorney, prior to the
release of the plat for recording.
24. This development shall satisfy park and trail dedication requirements through cash contribution,
payable at the time of Building Permit at the rates then in effect.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
City Administrator Osberg introduced the item noting the Council reviewed the draft legislative
positions at the December 8t" Special City Council meeting. The Council is being asked to approve the
City of Eagan's 2016 Legislative Positions. Once approved, the priorities will be sent to Eagan's
legislative delegation so they have them in advance of the joint meeting with the City Council on
January 12, 2016.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the City of
Eagan's 2016 Legislative Positions. Aye: 4 Nay: 0
ADMINISTRATIVE AGENDA
There were no administrative agenda items to be heard.
There were no visitors to be heard.
VISITORS TO BE HEARD
ADJOURNMENT
Councilmember Hansen moved, Councilmember Fields seconded a motion to adjourn the meeting at
7:10 p.m. Aye: 4 Nay: 0
-5'Q01&
Date
Mayor
City Clerk