11/01/2016 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
NOVEMBER 1, 2016
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmembers Bakken, Fields, Hansen and Tilley.
A regular meeting of the Eagan City Council was held on Tuesday, November 1, 2016 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and
Tilley. Also present were City Administrator Osberg, Assistant City Administrator Miller,
Communications Director Garrison, Finance Director Pepper, Director of Community Development
Hutmacher, Parks and Recreation Director Pimental, Public Works Director Matthys, Police Chief
McDonald, Fire Chief Scott, City Attorney Doughtery, and Executive Assistant Stevenson.
AGENDA
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as
presented. Aye:5 Nay:0
RECOGNITIONS AND PRESENTATION
There were no recognitions and presentations to be heard.
CONSENT AGENDA
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent
agenda as presented: Aye: 5 Nay: 0
A. It was recommended to approve the minutes of October 10, 2016 Special City Council meeting,
and October 18, 2016 regular City Council meeting as presented.
B. Personnel Items:
1. It was recommended to authorize the hiring of a Recreation Program Supervisor, to be
named.
2. It was recommended to accept the resignation and authorize the recruitment and
replacement of Police Officer Austin Akervik.
3. It was recommended to authorize the hiring of an Accounting Intern, to be named.
4. It was recommended to accept the resignation of Jonathan Windgate, Part time Custodian
at the Eagan Community Center and approve the recruitment and replacement of this
position.
C. It was recommended to ratify the check register dated October 14 and 21, 2016 as presented.
D. It was recommended to approve the ordinary and customary contracts with Hunger Solutions
EBT and Market Bucks Initiative, and Minnesota Vikings Football, LLC, U.S. Bank National
Association and City of Eagan.
E. It was recommended to approve an Exempt Permit for Faithful Shepherd Catholic School to hold
a raffle on February 25, 2017 at 3355 Columbia Drive.
F. It was recommended to approve Temporary On -Sale Liquor License and waive the license fee for
Faithful Shepherd Catholic School on February 25, 2017 at 3355 Columbia Drive.
City Council Meeting Minutes
November 1, 2016
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G. It was recommended to approve a release of claims waiver with Franti Industries, Crum and
Forster, et al., for work completed at the Fire Safety Center.
H. It was recommended to approve the final payment for Contract 16-25 (Denmark Avenue Rain
Gardens Renovation — Phase 2) in the amount of $180.00 to Outdoor Lab Landscape Design, Inc.,
and accept the improvements for perpetual City maintenance subject to warranty provisions.
I. It was recommended to approve a telecommunication lease agreement with Verizon Wireless
(VAW), LLC, d/b/a Verizon Wireless, for antenna upgrade installations on a designated water
reservoir site and authorize the Mayor and Deputy City Clerk to execute all related documents.
J. It was recommended to approve Change Order No. 3 to Contract 15-04 (Sperry Tower
Recommissioning) and authorize the Mayor and Deputy City Clerk to execute all related
documents.
K. It was recommended to approve an Encroachment and Maintenance Agreement with
Minnesota Valley Transit Authority (MVTA) for bus shelter installations on Duckwood Drive.
L. It was recommended to receive a petition to vacate public easements located within Lots 9-11
and 27-30, Block 2, Eagandale Center Industrial Park (1256 Trapp Road) and schedule a public
hearing to be held on December 6, 2016.
M. It was recommended to approve Change Order No. 3 to Contract 15-23 (Well No. 3 Restoration
— Water System Improvements) and authorize the Mayor and Deputy City Clerk to execute all
related documents.
N. Item was removed.
0. It was recommended to declare an outdated shooting system as surplus for donation to the City
of Rosemount.
P. It was recommended to approve payment for Project 1237 (Cedar Grove/Hwy 77 Center Transit
Station) in the amount of $17,571.84 to Metro Transit.
PUBLIC HEARINGS
Final Assessment Hearings — Street Improvements for:
Project 1198, Blackhawk Forest/Centex Vermillion Additions,
Project 1199, Red Oaks, Woodlands 4t", Verdant Hills, Verdant Acres Additions,
Project 1200, Diffley Commons,
Project 1201, Kingswood Ponds,
Project 1191, Eagandale Corporate Center
Public Works Director Matthys gave an overview of Projects 1198, 1199, 1200, 1201, and 1191. Matthys
noted the Final Assessment Roll was presented to the City Council on October 4, 2016, with a public
hearing scheduled for November 1, 2016, to formally present the final costs associated with these public
improvements to the affected benefitting properties. Matthys noted one letter of objection was
received for Project 1201, Kingswood Ponds Street Improvements.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to close the Public Hearings
and approve the Final Assessment Rolls for Project 1198, Blackhawk Forest/Centex Vermillion Additions,
City Council Meeting Minutes
November 1, 2016
3 page
Project 1199, Red Oaks, Woodlands 4th, Verdant Hills, Verdant Acres Additions, Project 1200, Diffley
Commons, Project 1201, Kingswood Ponds, Project 1191, Eagandale Corporate Center, and authorize its
certification to Dakota County for collection. Aye: 5 Nay: 0
OLD BUSINESS
Address Rezoning, Preliminary Subdivision (Tipperary) and Variance — Pulte Homes
City Administrator Osberg introduced the item noting this request was before the City Council on
October 18, 2016, and was continued at the applicant's request. Pulte is proposing a Rezoning and
Preliminary Subdivision for development of single-family homes. The Preliminary Subdivision proposes
to create 11 single-family lots in Eagan consistent with the proposed R -1S zoning. Osberg noted at the
October 18th meeting, Council gave direction to the applicant that Planned Development zoning was
preferred to the requested R -IS zoning.
Subsequent to the meeting, staff was reminded that Chapter 11, Sec. 11.60, Subd. 18, B., 3 of the City
Code states that the minimum total area required for a planned development shall be five acres of
contiguous land. The proposed plat and rezoning affect 3.8 acres, less than the 5 acres City Code
requires.
Paul Heuer, Pulte Homes, addressed the Council stating that a straight R -1S zoning would be the easiest
approach for his company; however, if the Council wishes to see the Planned Development approach
they would resubmit their request.
The Council discussed the request. The majority of the Council indicated they were comfortable with the
R -1S zoning.
Mayor Maguire opened the public comment. There being no public comment he turned the discussion
back to the Council.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to make a finding that the
proposal qualifies as an exception to the five acre minimum. The finding should recognize that the
Planned Development is in the public interest, and that one or both of the conditions set forth in the
ordinance exists. Aye: 2 Nay: 3 (Fields, Hanson and Maguire)
Mayor Maguire moved, Councilmember Tilley seconded a motion to reconsider the Council's October
18, 2016 action. Aye: 4 Nay: 1 (Bakken)
Councilmember Hansen moved, Mayor Maguire seconded a motion to approve a Rezoning from PD,
Planned Development, and R-1, Single-family Residential, to R -1S, Residential Single-family Small Lot
district, upon approximately 3.8 acres for property at 3790 and 3800 Dodd Road, located south of
Wescott Road and east of Dodd Road. Aye: 4 Nay: 1 (Bakken)
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Preliminary
Subdivision consisting of 11 lots upon approximately 3.8 acres for property at 3790 and 3800 Dodd
Road, Located south of Wescott Road and east of Dodd Road, subject to the following conditions: Aye: 4
Nay: 1 (Bakken)
City Council Meeting Minutes
November 1, 2016
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1. The applicant shall comply with these standards conditions of plat approval as revised by
Council on July 1, 2014: Al, B1, B2, B3, B4, C1, C2, C3, C4, D1, E1, F1, G1, H1 and L1
2. The property shall be platted.
3. 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.
4. 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.
5. The applicant shall provide a minimum 15 -foot wide unobstructed equipment access paths
(without obstructions from grading, private utilities, trees/branches, large shrubs, etc.), from
street -edge to all surface stormwater facilities' inlets/outlets. The unobstructed equipment
access paths shall be capable of fully supporting typical maintenance / excavation equipment,
for periodic maintenance access to the surface storm water facilities. Verify that Landscape Plan
does not conflict with this requirement.
6. During infiltration system area over-excavation/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. 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 excavation and/or soil backfilling within the infiltration practice.
7. Before the city returns any Stormwater-related Performance Guarantee Fees 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 basins, etc.) conform to design and/or construction plans, as approved by
the City. As -built volumes (for retention) shall be provided for the infiltration/bioretention
basins. 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.
8. Hydrant spacing and locations shall be provided in accordance with City Fire Department and
Public Works standards.
9. 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 Final Subdivision.
10. The applicant shall ensure the survival of preserved trees via protection of the tree's 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.
City Council Meeting Minutes
November 1, 2016
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11. The applicant shall contact the City Forestry Division and set up a pre -construction site
inspection at least five 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.
12. The development shall be subject to park and trail dedications as recommended by the Advisory
Parks Commission.
13. If Inver Grove Heights does not approve the proposal the developer shall provide a private
street turn around at the east end of the development in accordance with City standards.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Variance to the
maximum cul -de -.sac length of 500 feed for two cul-de-sacs of 745' and 620' for property at 3790 and
3800 Dodd Road, located south of Wescott Road and east of Dodd Road, subject to the following
condition: Aye: 4 Nay: 1 (Bakken)
1. 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.
NEW BUSINESS
Planned Development Amendment — CSM/John Deere
City Administrator Osberg introduced the item noting the property is zoned Planned Development and
contains a 45,000 s.f. warehouse and manufacturing building. The Council is being asked to approve a
Planned Development Amendment to allow outdoor storage of tractors and farm implements to
continue at 2955 Lone Oak Drive.
City Planner Ridley gave a staff report and provided a site map.
The applicant, John Ferrier, CSM Waters V, LLC, was available for questions.
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 outdoor storage of tractors and farm implements to continue at
2955 Lone Oak Drive, subject to the following conditions: Aye: 5 Nay: 0
1. The Amendment to the Planned Development Agreement shall be executed and recorded with
the Dakota County Recorder's office, and proof of recording shall be provided to the City. The
following exhibits are required for the PD Amendment Agreement:
• Site Plan
2. The outdoor storage terminates upon the expiration of this tenant's lease, or December 31,
2027, whichever occurs first.
3. The outdoor storage shall be as indicated on the approved Site Plan dated September 19, 2016.
City Council Meeting Minutes
November 1, 2016
6 page
Conditional Use Permit— Fleetpark, LLC
City Administrator Osberg introduced the item noting the eight acre property consists of seven parcels
and contains and existing 64,000 s.f. warehouse building constructed in 1968. The Council is being asked
to approve two Conditional Use Permits, one to allow outdoor storage of semi -tractors and trailers and
one to allow sales and service of trucks and trailers upon property located at 1256 Trapp Road.
City Planner Ridley gave a staff report and provided a site map.
John Weiand, applicant, explained the company's primary business is hauling US Mail and that they
have a need for additional space. He stated he was available for questions.
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 outdoor storage of semi -tractors and trailers upon property located at 1256 Trapp Road,
subject to the following conditions: Aye: 5 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 recording submitted to the City.
2. The property shall be replatted as a single lot and recorded no later than January 31, 2017.
3. Outdoor storage of semi tractors and trailers shall be permitted in the numbers and locations as
delineated on the Site Plan received October 4, 2016.
4. The applicant shall obtain a right-of-way permit from the City prior to performing any work
within the right-of-way.
5. The applicant shall restore the boulevard, concrete curb and gutter, and street in a manner
acceptable to the City Engineer where the existing driveway entrance is being removed at Eagan
Industrial Road.
6. The applicant shall maintain all paved surfaces in good condition.
7. Site improvements, including landscaping, shall be completed by June 1, 2017.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use
Permit to allow sales and service of trucks and trailers upon property located at 1256 Trapp Road,
subject to the following conditions: Aye: 5 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 recording submitted to the City.
2. The property shall be replatted as a single lot and recorded no later than January 31, 2017.
3. Truck and trailer repair shall not occur outside the building.
4. Sales and service is only allowed for vehicles owned or leased by the property owner. No retail
sales or service is allowed.
The applicant shall obtain a right-of-way permit from the City prior to performing any work
within the right-of-way.
The applicant shall restore the boulevard, concrete curb and gutter, and street in a manner
acceptable to the City Engineer where the existing driveway entrance is being removed at Eagan
Industrial Road.
City Council Meeting Minutes
November 1, 2016
7 page
7. Site improvements, including landscaping, shall be completed by June 1, 2017.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update to be heard.
ADMINISTRATIVE AGENDA
CITY COUNCIL
Mayor Maguire noted the City Council Workshop meeting will be held on Wednesday, November 9th due
to Elections on Tuesday, November 8th, and encouraged residents to go out and vote.
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, Councilmember Hansen seconded a motion to adjourn the meeting at
7:21 p.m. Aye: 5 Nay: 0
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