09/06/2016 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
SEPTEMBER 6, 2016
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Acting
Mayor Hansen and Councilmembers Bakken, Fields and Tilley. Mayor Maguire was absent.
Dean Larson, 3740 Knoll Ridge Drive, addressed the Council regarding organized garbage and recycling
services. City staff as directed to research and report back to the Council.
A regular meeting of the Eagan City Council was held on Tuesday, September 6, 2016 at 6:30 p.m. at the
Eagan Municipal Center. Present were Acting Mayor Hansen and Councilmembers Bakken, Fields, and
Tilley. Mayor Maguire was absent. Also present were City Administrator Osberg, Assistant City
Administrator Miller, Communications Director Garrison, Finance Director Pepper, Director of
Community Development Hutmacher, City Planner Ridley, City Engineer Gorder, Director of Parks and
Recreation Pimental, Police Chief McDonald, City Attorney Bauer, and Executive Assistant Stevenson.
AGENDA
Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the agenda as
presented. Aye:4 Nay:0
RECOGNITIONS AND PRESENTATION
Police Chief McDonald recognized Susan Smart, Police Clerical Technician, for her 19 %2 years of service
for the City of Eagan.
CONSENT AGENDA
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent
agenda as presented: Aye: 4 Nay: 0
A. It was recommended to approve the minutes of August 8, 2016 Special City Council meeting and
August 16, 2016 regular City Council meeting as presented.
B. Personnel Items:
1. It was recommended to accept the resignation of Marvel Hughes, Part time Overnight
Custodian, and authorize the recruitment and replacement of this position.
2. It was recommended to authorize the hiring of listed seasonal employees.
3. It was recommended to accept the resignation of listed seasonal employees.
4. It was recommend to accept the resignation of Susan Smart, Full Time Clerical Tech IV —
Police Records and authorize the recruitment and replacement of this position.
C. It was recommended to ratify the check register dated August 12, 19, and 26, 2016 as
presented.
D. It was recommended to approve the ordinary and customary contract with ABM Onsite Services
— Midwest, Inc., Wal-Mart Stores, Inc., and West Publishing Company.
E. It was recommended to adopt a resolution approving an Exempt Permit for The Open Door to
conduct a raffle on October 2, 2016 at 2750 Sibley Memorial Highway.
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September 6, 2016
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F. It was recommended to adopt a resolution approving an Exempt Permit for the Eagan
Foundation to conduct a raffle on November 12, 2016 at 3125 Dodd Road.
G. It was recommended to approve the agreement with Inspectron, Inc. for contract inspection
services to perform Subsoil Sewage Treatment systems plan review and inspections and approve
resolution to modify the City fee schedule.
H. It was recommended to approve a resolution accepting a donation in the amount of $44,835.00
from the Eagan Hockey Association to be used for the construction of a storage room within the
Eagan Civic Ice Arena.
I. It was recommended to approve a contract with Construction Results Corporation as the
recommended contractor for constructing a storage room at the Civic Arena.
J. It was recommended to approve a resolution accepting a $100 donation from Blue Cross Blue
Shield to the Parks and Recreation Department.
K. It was recommended to approve a resolution for donation from Honeywell International's PAC
Charitable Gifts program and Marvin Raway for $780.39.
L. It was recommended to approve a Final Planned Development upon approximately six acres
located south of Cliff Road and east of Pilot Knob Road and to approve a Final Subdivision
(Dakota Path 6t" Addition) to create 15 single-family lots, one outlot, and one lot for common
association amenities upon approximately six acres located south of Cliff Road and east of Pilot
Knob Road..
M. It was recommended to approve a Consultant Service Contract with Hoisington Koegler Group
Inc (HKGi) to provide professional services related to preparing the Eagan Comprehensive Plan
update and authorize the Mayor and City Clerk to execute all related documents.
N. It was recommended to receive the Final Assessment Roll for Project 1192 (Johnny Cake Ridge
Road, Cliff Road to Teal Cove — Street Improvements) and schedule a public hearing to be held
on October 4, 2016.
0. It was recommended to receive the Final Assessment Roll for Project 1193 (Denmark Avenue,
Timbershore Additions and Pilot Knob Heights Additions — Street Improvements) and schedule a
public hearing to be held on October 4, 2016.
P. It was recommended to receive the Final Assessment Roll for Project 1196 (Cedar Grove 3rd
Addition — Street Improvements) and schedule a public hearing to be held on October 4, 2016.
Q. It was recommended to receive the Final Assessment Roll for Project 1203 (Mallard Park 2nd
Addition — Street Improvement s) and schedule a public hearing to be held on October 4, 2016.
R. It was recommended to approve Change Order No. 2 to Contract 16-04 (Central Maintenance
Facility Renovations) and authorize the Mayor and City Clerk to execute all related documents.
S. It was recommended to receive a petition to vacate public easements located within the MV
Eagan development in northeast Eagan (proposed Viking Lakes), and schedule a public hearing
to be held on October 4, 2016.
T. It was recommended to award Contract 16-25 (Denmark Avenue Rain Gardens Renovation —
Phase 2) to Outdoor Lab Landscape Design, Inc. for $3,602.00 and authorize the Mayor and City
Clerk to execute all related documents.
U. It was recommended to award Contract 16-26 (Rain Garden Infrastructure Maintenance — Water
Resources) to Outdoor Lab Landscape Design, Inc. for $6,910.00 and authorize the Mayor and
City Clerk to execute all related documents.
V. It was recommended to approve boundary and type determinations of six wetland areas and
render a "No -Loss" decision, allowing temporary impacts to those wetlands for no more than
180 consecutive days.
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September 6, 2016
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W. It was recommended to award Contract 16-24 (Central Maintenance Facility Renovations —
Security, Access Control and Paging Services) to Parson's Corporation for $63,664.76 and
authorize the Mayor and City Clerk to execute all related documents.
X. It was recommended to approve a resolution accepting a radio promotion in-kind donation of
radio advertising PSA spots to promote Eagan Market Fest and direct the Mayor and City Clerk
to sign the appropriate documents.
Y. It was recommended to approve Access Eagan non-exclusive Access and use Agreement with
Data Bank Holdings LLC and authorize the Mayor and City Clerk to sign, and further authorize the
Director of Communications or IT Manager to execute all necessary work and pricing schedules
to implement the subsequent fiber connections with the concurrence of the City Attorney.
Z. It was recommended to adopt a resolution approving an Exempt Permit for Twin Cities Trout
Unlimited to conduct a raffle on October 14, 2016 at 1501 Central Parkway.
PUBLIC HEARINGS
Certification of Delinquent Utilities
City Administrator Osberg introduced the item noting City Code allows for collection through
certification of delinquent utility bills which are not paid. The City currently has approximately 1,055
utility bill accounts with delinquent balances. The assessable amount of these accounts is $264,100.56.
Osberg noted all notices have been published in the legal newspaper and sent to all affected property
owners informing them of this hearing and their proposed assessments.
Acting Mayor Hansen opened the public hearing. Rajesh Mehta, 1610 Blackhawk Lake Place, addressed
the Council regarding his delinquent utility bill. City staff will follow up with Mr. Mehta. There being no
further public comment, Acting Mayor Hansen turned the discussion back to the Council.
Councilmember Fields moved, Councilmember Hansen seconded a motion to close the public hearing
and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota
County for collection with property taxes. Aye: 4 Nay: 0
Certify Delinquent Nuisance Abatement Bills
City Administrator Osberg introduced the item noting the Council is being asked to consider approval of
the final assessment roll for delinquent nuisance abatement bills and authorize its certification to
Dakota County. The assessable amount of the delinquent invoices is $4,730.00. The City has ten
properties with delinquent false alarm invoices, and a diseased tree removal.
Acting Mayor Hansen opened the public hearing. There being no public comment, he turned the
discussion back to the Council.
Councilmember Fields moved, Councilmember Bakken seconded the motion to close the public hearing
and approve the final assessment roll for delinquent nuisance abatement bills and authorize its
certification to Dakota County. Aye: 4 Nay: 0
City Council Meeting Minutes
September 6, 2016
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Variance — Yankee Doodle Substation
City Administrator Osberg introduced the item noting the Council is being asked to consider approving a
variance to the minimum 30 for structure setback in a Public Facilities Zoning District for the Dakota
Electric Substation at 940 Yankee Doodle Road. Osberg noted Great River Energy is proposing to add a
480 square foot equipment enclosure to the existing Yankee Doodle substation.
City Planner Ridley gave a staff report and provided a site map.
Acting Mayor Hansen opened the public hearing. There being no public comment, he turned the
discussion back to the Council.
Councilmember Tilley moved, Councilmember Bakken seconded a motion to close the public hearing
and approve a 10 foot variance to the minimum 30 foot structure setback in a Public Facilities Zoning
District for the Dakota Electric Substation at 940 Yankee Doodle Road. Aye: 4 Nay: 0
OLD BUSINESS
There were no old business items to be heard.
NEW BUSINESS
Conditional Use Permit — Gerten's / GLG Properties
City Administrator Osberg introduced the item noting the Council is being asked to consider approving a
Conditional Use Permit to allow yard waste recycling and composting facility upon property located at
805 Yankee Doodle Road.
City Planner Ridley gave a staff report and provided a site map.
The applicant was available for questions.
Acting Mayor Hansen open 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 Conditional Use
Permit to allow yard waste recycling and composting facility upon property located at 805 Yankee
Doodle Road, 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
• Landscape Plan
• City Code Section 11.60, Subd. 14.C.20
2. 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.
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September 6, 2016
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3. The commercial yard waste and composting facility shall be subject to continual compliance
with City Code standards for such operations contained in the City Code (Section 11.60, Subd.
14.C.20).
4. The applicant shall obtain a Grading Permit from the City prior to the construction of the
proposed outdoor storage, parking areas, private driveway, and storm water management
facility. Detailed plans for this grading work must be prepared and signed by a licensed
professional engineer.
5. Gravel shall not be used as a surface material for parking, driveways, and outdoor storage areas.
6. If recycled asphalt aggregate is used for the parking, driveways, and outdoor storage areas, the
site will be subject to periodic review by City staff for adequacy of the material to control dust
and drainage. The first review will occur two years following approval of this permit. If the
material is determined to be inadequate, the City will require that it be replaced with
bituminous asphalt.
7. If no curb and gutter is used for the perimeter of the proposed parking, driveways, and outdoor
storage areas, the site will be subject to periodic review by City staff for adequacy of drainage
and containment purposes. The first review will occur two years following approval of this
permit. If the material is determined to be inadequate, the City will require that it be replaced
with concrete curb and gutter.
8. All storage areas shall be properly maintained to prevent deterioration.
9. The applicant shall redesign the ponding to keep all drainage on this parcel in a design
acceptable to the City Engineer, or the applicant shall acquire a private drainage easement from
the neighboring property at 3388 Mike Collins Drive; legal address: Lots 21-24, Block 2,
Eagandale Center Industrial Park No. 4 for ponding in a form acceptable to the City Attorney.
10. 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 (which includes areas likely to become compacted from expected use,
such as heavy equipment movement areas/lanes).
11. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide
adequately sized pre-treated (4' depth sump with scour protection and adequately -sized
floatables skimmer, etc.) immediately upstream of stormwater management basin inlets to
provide for effective capture and easily -accessible cleanout of coarse particles, fine -sand sized
particles and floatable pollutants. Grading and permanent stabilization around catch -basin inlets
(with sumps) shall be provided that ensures capture/conveyance of majority of impervious area
stormwater runoff to basin by pipe and not overland across basin side -slope. Side -slope shall be
stabilized with Turf Reinforcement Mat (TRM) and appropriate permanent slope -stabilization
vegetation installed in accordance with TRM manufacturer's recommendations. Depictions,
notes and details shall be included in applicable plan sheet(s).
12. 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 and less than 200 psi of soil compaction in the top 12"
of topsoil, 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, Landscape Plan, etc.).
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September 6, 2016
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13. 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,
including perpetual retention capacity and capability so that no surface discharge leaves the
site/stormwater basin, of the permanent stormwater management system, in a form acceptable
to the City Attorney.
14. Before the City returns any Stormwater-related Performance Guarantee Fees for the project,
the applicant shall provide the City Engineer as -built plans that demonstrate that all constructed
stormwater conveyance structures and stormwater management facilities (sump depths/details,
basin volume, pipe inverts/outfalls, etc.) 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.
Certification of the Preliminary 2017 Budget and Property Tax Levy, and
Setting of Public Meeting Date on Which the Budget and Levy will be discussed
City Administrator Osberg introduced the item noting the Council is being asked to set the public
hearing of the Payable 2017 levy and budget as Tuesday, December 6, 2016. Osberg noted the
proposed levy is $33,018,126 and the preliminary, proposed General Fund budget is $33,600,200. The
City Council is required by law to certify the proposed payable 2017 budget and property tax levy on or
before September 30.
Finance Director Pepper gave a staff report highlighting changes to the General Fund budget that
occurred after the August 8 meeting and are proposed to be offset by a reduction in contingency
funds. With the new revenue estimates, the proposed levy decreases from 4.5% to 4.2% over the
2016 levy.
Acting Mayor Hansen 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 the preliminary
payable 2017 property tax levy as follows:
Operating, $26,487,500
Capital, $4,661,520
Debt service, $746,341
Community Center debt service (market value -based), $1,122,765
Total levy $33,018,126
To approve the preliminary 2017 General Fund budget, including contingency, of $33,600,200.
To set the date for the public hearing of the Payable 2017 levy and budget as Tuesday, December 6,
2016.
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September 6, 2016
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To make the following announcement: "The next regularly scheduled meeting at which the levy and
budget will be discussed is the City Council meeting of Tuesday, December 6, 2016 at 6:30 p.m., here in
the Council Chambers. The public will be allowed to speak at this meeting." Aye: 4 Nay: 0
LEGISLATIVE/ INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update to be heard.
ADMINISTRATIVE AGENDA
COUNCIL
Councilmember Fields noted she attended the Public Works Expo on Sunday, August 28th, and wanted to
thank the Public Works staff for taking her around and showing her the asset management programs
currently being reviewed.
Councilmember Hansen noted the Dakota County Communications Board of Directors and Executive
Committee are excited to announce that Tom Folie has been named as the organization's next Executive
Director. Mr. Folie is currently the Manager of Public Safety Operations at LOGIS and will start on
October 10.
VISITORS TO BE HEARD
Past practice and policy 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, Acting Mayor Hansen seconded a motion to adjourn the meeting at 7:06
p.m. Aye: 4 Nay: 0
Date
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