07/05/2016 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
JULY 5, 2016
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 Tilley. Councilmember Hansen was absent.
Valerie Wagoner addressed the City Council regarding her concerns about the severe weather policy at
Cascade Bay.
A regular meeting of the Eagan City Council was held on Tuesday, July 5, 2016 at 6:30 p.m. at the Eagan
Municipal Center. Present were Mayor Maguire and Councilmembers Bakken, Fields, and Tilley.
Councilmember Hansen was absent. Also present were City Administrator Osberg, Assistant City
Administrator Miller, Communications Director Garrison, Director of Community Development
Hutmacher, City Planner Ridley, Director of Public Works Matthys, Director of Parks and. Recreation
Pimental, Police Chief McDonald, Fire Chief Scott, City Attorney Dougherty, and Executive Assistant
Stevenson.
AGENDA
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the agenda as
presented. Aye:4 Nay:0
RECOGNITIONS AND PRESENTATION
Fire Chief Scott recognized business owners Dan Sjolseth, Superior Service Center in Eagan, and Scott
McClure, St. Paul Automotive, for their work on restoring Eagan's first fire truck named Jenny.
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 June 14 Special City Council meeting and June
21, 2016 regular City Council meeting as presented.
B. Personnel Items:
1. It was recommended to hire seasonal and temporary employees: Aiden Andrusko, Anusha
Arcalgud, Lauren Boike, and Sara Brown.
2. It was recommended to hire a History Intern in the Communications Department, to be
named.
3. It was recommended to hire a Part Time Recreation Tech, to be named.
4. It was recommended to accept the resignation of Dave Kurth, Part Time Custodian, and
authorize the recruitment and replacement of this position.
5. It was recommended to hire Ceasar Page, Part Time Custodian.
6. It was recommended to accept the resignation of Emily Nicols and Ashley Becker, Guest
Services Representatives and authorize the recruitment and replacement of these positions.
7. It was recommended to authorize the promotion of Dan Grounds to Full Time Custodian and
authorize the replacement of a Part Time Custodian.
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8. It was recommended to hire Johnathon Windgate, Part Time Custodian.
9. It was recommended to hire an E -TV Videographer, to be named.
10. It was recommended to hire a Field Utility Worker, to be named, to replace the position
created by the transfer of Jeff Tisor to Production Utility Worker.
11. It was recommended to hire a Full Time Engineering Tech, to be named.
C. It was recommended to ratify the check register dated June 17 and June 24, 2016 as presented.
D. There were no contracts to consider at this time.
E. It was recommended to accept the donation of dry land hockey equipment provided by the
Eagan Hockey Association for use at the Civic Ice Arena.
F. It was recommended to approve the City's participation as a partner providing in kind support
and promotional marketing for programs associated with a 2016/2017 grant being applied for
by ArtWorks Eagan.
G. It was recommended to approve the prohibition of parking on the east side of Donald Avenue
(Yankee Doodle Road to 150 feet north of Yankee Doodle Road) and authorize the Mayor and
City Clerk to execute all related documents.
H. It was recommended to schedule a public hearing to be held on July 19, 2016, to consider
variances to parking lot setbacks for 3386 and 3390 Pilot Knob Road associated with Pilot Knob
Road Corridor improvements (County Project 31-76 / City Project 1095).
I. It was recommended to approve the Construction, Maintenance & Release Agreement with the
Minnesota Department of Transportation (MnDOT) for the extension of Beverly Drive within
MnDOT right-of-way in the City of Eagan, and authorize the Mayor and City Clerk to execute all
related documents.
J. It was recommended to approve the Joint Powers Agreement with the Minnesota Department
of Transportation (MnDOT) and the Dakota County Transportation Department for Project 1213
(TH 77 and Diffley Road — East and West Ramps Traffic Control Signals) within County right-of-
way in the City of Eagan and authorize the Mayor and City Clerk to execute all related
documents.
K. It was recommended to approve a Cost Share, Operation and Maintenance Agreement with
Mount Calvary Lutheran Church (3920 Rahn Road) to help implement a Parking Lot Bioretention
Project through the Water Quality Cost -Sharing Partnership Program and authorize the Mayor
and City Clerk to execute all related documents.
L. It was recommended to approve the extension of the Purchase Agreement with GLG Properties
("Gertens") for the sale of Outlot I; Gopher Industrial Park 2"d Addition and direct the Advisory
Planning Commission to review the conveyance as to compliance with the City's Comprehensive
Plan.
M. It was recommended to accept the resolution drafted and supported by the Energy and
Environment Advisory Commission for pollinator friendly environmental care and support.
There were no public hearings to be heard.
PUBLIC HEARINGS
OLD BUSINESS
There were no old business items to be heard.
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July 5, 2016
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NEW BUSINESS
Conditional Use Permit— 3803 Blackhawk Ridge Place
City Administrator Osberg introduced the item noting the applicant is proposing to construct an in -
ground pool and pool deck on a single-family lot with the Shoreland Overlay District of Blackhawk.
Shoreland zoning limits impervious coverage to a maximum of 25% of the lot size. The ordinance allows
for impervious coverage above that amount with a Conditional Use Permit.
City Planner Ridley gave a staff report and provided a site map.
The applicant was present and available for questions.
The Council discussed the Conditional Use Permit.
Mayor Maguire opened the public_ comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use
Permit to exceed 25% impervious surface coverage in a Shoreland Overlay District on a residential lot
located at 3803 Blackhawk Ridge Place, subject to the following conditions as amended: Aye: 4 Nay: 0
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by
the City Council with the following exhibit:
• Site Plan received May 31, 2016
2. The impervious surface of this lot shall not exceed 25.7% (4,969 square feet) per the Site Plan
dated May 31, 2016.
3. Prior to the release of the Conditional Use Permit for recording, the applicant shall provide a
$1,000 escrow deposit for inspection of the rain garden installation.
4. The proposed rain garden/infiltration basin shall be designed and constructed to effectively
capture, retain and infiltrate 100% of the impervious runoff from the excess impervious surface
total from a 1%, 24-hour, 7.47" rainfall event .
5. The proposed rain garden/infiltration basin shall be designed and installed according to the
guidelines of the Minnesota Stormwater Manual and the City of Eagan Engineering Standards
Manual, and shall be constructed so that basin has stable side slopes and that temporary
ponded runoff has infiltrated below the surface within 48 hours after the end of any rain event.
6. The proposed rain garden/infiltration basin shall be designed to safely overflow to the front yard
of the residence and shall not discharge into neighboring properties.
7. Prior to release of the Conditional Use Permit for recording, the Owner shall provide a detailed
landscape plan for the proposed rain garden/infiltration basin that provides plant quantities and
plant spacing that will ensure 80% plant coverage by the end of year 2 after planting.
8. Mitigative stormwater designs shall be reviewed and accepted by the City Engineering Division
and the installation shall be subject to the issuance of a permit to work within the right of way
and shall be inspected by City staff at the time of installation.
9. The Owner shall enter into a long-term stormwater facility inspection and maintenance
agreement with the City of Eagan, 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.
10. As -built drawings and capture volume measurements shall be provided to the City that verify
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minimum storage volume requirement is being met.
11. The Owner shall discharge water from the pool (including filter backwash) in a form and manner
acceptable to the Water Resources Manager.
Planned Development Amendment— Easter Lutheran Church
City Administrator Osberg introduced the item noting the Council is being asked to consider a Planned
Development Amendment. The church is proposing an update to their Mater Plan for future expansions.
Osberg noted the property is zoned PD, Planned Development. The Planned Development was
established in 1996, amended in 1999 and the initial 15 -year term extended in 2010.
City Planner Ridley gave a staff report and provided a site map.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
.back to the Council
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned
Development Amendment to allow for a future building and parking expansion upon property located at
4545 Pilot Knob Road, subject to the following conditions: Aye: 4 Nay:O
1. The applicant shall enter into a Final Planned Development Agreement reflecting the existing
conditions and proposed future improvement, and include the following exhibits:
• Existing Conditions Site Plan
• Master Plan Concept Site Plan
2. The Final Planned Development Agreement shall replace the prior Planned Development
Agreements.
3. The term of the Planned Development shall be 15 years from the date of City Council approval.
4. The 1999 Conditional Use Permit allowing impervious coverage of greater than 25 percent
within a Shoreland Overlay District shall be recorded with Dakota County in conjunction with the
Planned Development Agreement, and documentation of its recording provided to the City.
5. Impervious surface coverage shall not exceed 35 percent of the net site area.
6. Consistent with the prior Planned Development approval, parking stalls may be 9' wide.
7. A Building Permit shall be obtained prior to construction of any structure. Future building.
additions shall be architecturally compatible with the existing building and utilize similar
materials.
Any building expansions shall provide screening of mechanical units in compliance with City
Code.
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 and fully -reconstructed
impervious surface area (including effective soil remediation for the site's disturbed soils that
are to be revegetated).
Conditional Use Permit—Shingobee Builders, Inc.
City Administrator Osberg introduced the item noting the property was zoned Limited Business in March
2016. The Council is being asked to consider a Conditional Use Permit to allow the development of a
child daycare facility.
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July 5, 2016
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City Planner Ridley gave a staff report and provided a site map.
The applicant Jon Fahning, Shingobee Builders, provided additional information on the development.
Mayor Maguire opened the public comment. The following residents addressed the Council and
expressed concerns regarding parking, traffic, safety for residents and aesthetics of the proposed
building: Mark Oliver, 4169 Knob Drive, Dennis Becker, 4143 Signal Point, Tony & Celeste Bour, 4161
Knob Drive, John Kemper, 4139 Signal Point, James Marlette, 4157 Knob Drive, Karen Piechler Shaw,
4165 Knob Drive.
John O'Halloran, property owner, stated he has owned the property for 32 years and commented that
he believes the proposed building is very attractive.
Karen Piechler Shaw presented the Council with a petition and asked that it be part of the public record
as objection to the application by Shingobee Real Estate Developers for a Conditional Use Permit related
to the development of the property located at 4150 Knob Drive.
The Council discussed the Conditional Use Permit request.
Mayor Maguire moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit
to allow the development of a child daycare facility upon property located at 4150 Knob Drive, subject
to the following conditions: Aye: 4 Nay: 0
1. This Conditional Use Permit shall be recorded with the Dakota County Recorder's office within
60 days of approval by the City Council, with the following exhibits:
• Site Plan dated June 17, 2016
2. There shall be no more than two school vans/buses kept on the property, and such vehicles
must be parked within a standard parking stall.
3. The building shall meet City Code standards for exterior materials to be verified at the time of
Building Permit application.
4. Building address numbers shall be reviewed for consistency with the standards in Section 2.78
of.City Code, and new address number signs installed if necessary to achieve compliance.
5. The developer shall submit a revised Landscape Plan which includes automatic irrigation prior to
release of the Conditional Use Permit for recording.
6. A financial guarantee for installation of the landscaping shall be provided in accordance with the
City's landscape ordinance at the time of Building Permit.
7. The trash enclosure shall be constructed of brick to match the building, with an opaque gate
that is compatible with the building finish materials.
8. 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 and submitted prior to any site
disturbance.
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
(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
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July 5, 2016
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erosion/ sediment control devices, and the establishment of vegetation for the development,
shall have received Erosion/Sediment Control Inspector/Installer certification through the
University of Minnesota, or approved equal training as determined by the City Engineer.
11. This development shall 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 and fully -reconstructed
impervious surface area (including effective soil remediation for the site's disturbed soils that
are to be revegetated).
12. Prior to receiving city approval to permit land disturbing activity, the developer shall provide the
City with soil boring logs from a minimum of two 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 developer shall revise the design and/or construction plans (e.g. over-
excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met.
13. Prior to receiving city approval to permit land disturbing activity, the developer shall provide
construction details of any proposed infiltration practice for City review/acceptance by the City
Engineer. Construction details shall include infiltration basin cross-section(s), construction
sequencing/protection notes, sizing/volume tables, details for stable inlet, overflows, outlets,
unobstructed maintenance access areas to inlet/outlet, soil amendment criteria, planting
plans/details, etc., to ensure infiltration practice is properly designed, constructed, planted, and
adequately protected during / after construction to prevent clogging, and able to be properly
maintained (e.g. unobstructed equipment access, etc.) to function as intended. These graphical
details and notes shall be prominently included in all applicable plan sheets (e.g. Erosion &
Sediment Control Plan, Grading & Drainage Plan, Utility Plan, Landscape Plan, etc.).
14. Prior to receiving city approval to permit land disturbing activity, the developer shall provide
detailed Soil Management Strategies for City review, and acceptance by the City Engineer, that
provide for assurances that by final grading the disturbed areas that are to be revegetated will
have protected and/or restored soil permeability to non -compacted soil conditions, 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.).
15. 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 ensure proper operation and performance
of the permanent stormwater management system, in a form acceptable to the City Attorney.
16. During infiltration practice over -excavation and sub -soil work, the developer shall ensure that a
Certified Soil Scientist will be present to verify and document that infiltration 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 developer 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 final grading within the
infiltration basin, but prior to planting, the applicant shall ensure that a soil scientist will be
present to verify and document that the infiltration practice 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 developer shall provide the City with 24-hour
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advance notice of the occurrence of soil infiltration observation and verification.
17. Before the city issues a Certificate of Occupancy on the development site, the developer shall
provide the City Engineer as -built plans that demonstrate that all constructed stormwater
conveyance structures, stormwater management facilities (sump, infiltration practice, 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 the infiltration practice.
Documentation shall be provided to verify soil management strategy compliance. The
developer 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.
18. This developer shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
19. The developer shall submit a proposal/infrastructure plan to be approved by staff to provide
telecommunications fiber to the premises (FTTP). The development shall include the installation
of fiber optic cable, or a conduit for future installation, in its construction plans at the time of
Building Permit.
20. The developer shall be responsible to restore the street, curb and gutter, and boulevard in a
manner acceptable to the City Engineer.
21. The developer shall be responsible for the acquisition of all regulatory agency permits required
by the affected agency prior to the issuance of a building permit.
22. The development is subject to cash park and trail dedications payable at the time of Building
Permit at the rates then in effect.
Conditional Use Permit — Matheson Gas
City Administrator Osberg introduced the item noting the Council is being asked to consider a
Conditional Use Permit to allow the outdoor storage of compressed and liquefied gases, storage
buildings, as well as vehicles and trailers, on property located at 3191 Mike Collins Drive.
City Planner Ridley gave a staff report and provided a site map.
The applicant, Mike Summerbell, was present and available for questions.
The Council discussed the Conditional Use Permit request.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use
Permit to allow the outdoor storage of compressed and liquefied gases, storage buildings, as well as
vehicles and trailers, on property located a 3191 Mike Collins Drive, subject to the following conditions:
Aye: 4 Nay: 0
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by
the City Council and proof of its recording provided to the City.
2. The Site Plan shall be revised to incorporate the outdoor storage areas 1-3, 10 vehicle/trailer
parking location and bollards onto one single plan.
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3. The outdoor storage shall be limited to those items identified, and located as illustrated, on the
Site Plan dated April 29, 2016, as revised.
4. The applicant shall install bollards per the revised Site Plan, prior to the placement of the
outdoor storage items.
5. No additional outdoor storage shall be allowed.
6. All parking and storage areas shall be properly maintained to prevent deterioration.
7. The chain link and barbed wire fence shall not exceed 7 feet in height.
8. The applicant shall plant the six, 8' Black Hills Spruce per the Landscape Plan prior to October 31,
2016.
9. This CUP is intended and shall supersede and replace any and all Conditional Use Permits
previously issued to the Property.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
ADMINISTRATIVE AGENDA
CITY COUNCIL
Mayor Maguire thanked the Funfest Committee, staff and volunteers for their role in making the Fourth
of July Funfest a successful event.
VISITORS TO BE HEARD
Mayor Maguire noted it has been past practice and policy that during election years, from the opening
of the Council candidate filing period through the November election, the Visitors to be Heard segment
of the meeting shall occur for a period of time not to exceed ten minutes and will not be televised.
There were no visitors to be heard.
ADJOURNMENT
Councilmember Tilley moved, Councilmember Bakken seconded a motion to adjourn the meeting at
8:22 p.m. Aye: 4 Nay: 0
A"t 11
Date
Mayor
City Clerk