10/17/2017 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
OCTOBER 17, 2017
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmembers Fields, Hansen and Tilley. Councilmember Bakken was absent.
A regular meeting of the Eagan City Council was held on Tuesday, October 17, 2017 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Hansen and Tilley.
Councilmember Bakken was absent. Also present were City Administrator Osberg, Assistant City
Administrator Miller, Director of Finance Pepper, Director of Communications Garrison, City Planner
Ridley, Public Works Director Matthys, Parks & Recreation Director Pimental, Police Chief McDonald,
City Attorney Dougherty, and Executive Assistant Stevenson.
AGENDA
Councilmember Tilley moved, Councilmember Hansen 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 Tilley moved, Councilmember Hansen seconded a motion to approve the Consent
agenda as presented: Aye: 4 Nay: 0
A. It was recommended to approve the minutes of the October 3, 2017 regular City Council
meeting, as presented.
B. Personnel Items:
1. It was recommended to accept the resignation of George Wexler, Police Officer, and
authorize the recruitment and replacement of this position.
2. It was recommended to accept the resignation of Samwel Ombuki, Overnight ECC
Custodian, and authorize the recruitment and replacement of this position.
3. It was recommended to authorize the hiring of an Overnight ECC Custodian, to be named.
4. It was recommended to authorize the hiring of a Streets Maintenance Worker, to be named.
5. It was recommended to accept the resignation of seasonal staff for Lifeguard, Pool
Attendant, Cascade Bay Coordinator, Guest Relations, Fitness Instructor, Rec Assistant,
Sound Tech, Civic Arena Building Attendant, Rec Leader, Park Maintenance, Park Laborer,
Site Coordinator, Custodian ECC, Landscape Crew.
6. It was recommended to authorize the hiring of seasonal staff for Fitness Instructor, Rec
Leader, Building Attendant III, and Guest Service Rep.
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C. It was recommended to ratify the check registers dated October 6 and October 13, 2017.
D. It was recommended to approve the ordinary and customary contracts from One Source and
Complex Media, Inc.
E. It was recommended to reject all proposals for the sale of Fire Station #1 and authorize pursuit
of new proposals for the sale of Fire Station #1.
F. It was recommended to approve a resolution scheduling a public hearing for November 21, 2017
on an amendment to the 2016-2020 Facilities Capital Improvement Plan and on intent to issue
Capital Improvement Bonds under Minnesota Statues, Section 475.521.
G. Item was removed.
H. It was recommended to receive the bids for Contract 17-06 (Digital Radio System Replacement),
and award a contract to Ancom Communications, Inc. for the base bid in the amount of
$143,321.76, authorize the Mayor and City Clerk to execute all related documents and authorize
the purchase of associated radio models and accessories up to an amount not to exceed
$31,678.24.
I. It was recommended to approve the final payment for Contract 17-12 (Inflow and Infiltration
Manhole Seals — Sanitary Sewer Improvements) in the amount of $18,660.00 to Ess Brothers &
Sons, Inc., and accept the improvements for perpetual City maintenance subject to warranty
provisions.
J. It was recommended to receive the bids for Contract 17-24 (Well 4 Rehabilitation — Water
Improvements), and award a contract to E.H. Renner for the base bid in the amount of
$32,415.00, 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
Randy and Mary Kay Twito (3828 Hunters Overlook) to help implement a Shoreland and Upland
Buffer Project at Bald Lake through the Water Quality Cost -Share Partnership Program and
authorize the Mayor and City Clerk to execute all related documents.
L. Item was removed.
M. It was recommended to approve a Final Plat to adjust the lot line between two single-family lots
located at 1556 and 1562 Highview Avenue.
N. It was recommended to direct preparation of an Ordinance Amendment to City Code Chapter 5
regarding alcohol licensing for Lots 1 & 2, Block 1, Viking Lakes.
O. It was recommended to approve a Final Planned Development for a 22,000 sf retail grocery
store upon approximately 4.2 acres located south of Quarry Road and west of Central Parkway.
P. It was recommended to approve a Preliminary Subdivision (Viking Lakes 2nd Addition) to create
seven lots upon approximately 62 acres located at 2600 Vikings Circle, subject to the following
conditions:
1. The developer shall comply with these standards conditions of plat approval as adopted by
Council on July 1, 2014:
Al, B1, B2, B3, B4, C1, C2, C4, E1, F1, G1, H1, 11, J1
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
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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. All septic systems within the development should be abandoned in accordance with City and
County standards.
5. This development shall meet all requirements of Minn. Rules Ch. 8420 and City Code §11.67
regarding and a proposed wetland replacement plan.
6. 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).
7. The applicant shall provide adequately sized pre-treatment (e.g. 4' sump with scour
protection and skimmer hood, inlet filter structure, etc.) at, or immediately upstream of, all
stormwater management facility (e.g. infiltration basin) inlets to provide for effective
capture and easily -accessible cleanout of fine -sand sized particles and flbatable pollutants.
Details shall be included in applicable plan sheet(s).
8. The applicant shall provide clear plans and details on how impervious surface runoff will
enter proposed infiltration basins (e.g. curb -cuts, catch-basin/piping, etc.), specifically on
Utility Plan and other appropriate plan sheets at all proposed individual drainage areas.
9. The applicant shall provide unobstructed maintenance equipment access paths (Without
obstructions from grading, private utilities, trees/branches, large shrubs, etc.), from
pavement -edge to all surface stormwater facilities' inlets/outlets. The unobstructed
equipment access path shall be capable of fully supporting typical maintenance equipment,
for periodic maintenance access to the surface storm water facilities. Verify that Landscape
Plan does not conflict with this access requirement.
10. 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 basin 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.) and/or follow
Permissible Alternative Stormwater Volume Control Designs process if determined
appropriate by the City Engineer, to ensure volume control requirements are fully met.
11. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide
construction details of the proposed infiltration/filtration systems for City
review/acceptance by the City Engineer and include in construction plans. Construction
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details shall include infiltration/filtration basin cross-section(s), construction
sequencing/protection/restoration notes, sizing/volume tables, details for stable
inlets/outlets/emergency overflows, details for pre-treatment, unobstructed
inspection/maintenance access areas to inlets/outlets, soil amendment criteria, live
planting, seeding & permanent erosion -control details, etc., to ensure infiltration/filtration
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 Plan, Utility Plan, Landscape Plan, Details, etc.).
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 greater 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.).
13. Prior to receiving a Certificate of Occupancy for any affected construction, Soil Management
Strategy implementation documentation (e.g. representative on-site soil samples,
compaction testing and soil organic content test results) shall be provided to City Water
Resources staff to verify compliance with approved soil management strategy. City Water
Resources staff shall be notified, with 24-hour advance notice, for inspection during soil
amendment process, prior to installation of any irrigation, seeding or plant materials, to
verify soil compliance. Provide plan sheet notes/instructions on all applicable plan sheets.
14. 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 0.8 -inch per hour or greater
(but less than 8.0 -inch per hour). If the sub -soil infiltration rates are less than 0.8 -inch per
hour (or greater than 8.0 -inch per hour), the applicant shall immediately notify the City
Engineer. 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 practices (City Water Resources staff
contact/instructions shall be clearly/prominently listed on appropriate plan sheets).
15. 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
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.
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16. 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 (pre-treatment, 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 the 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.
17. All existing wells within the development shall be abandoned in accordance with City and
County standards.
18. This development shall be designed to support broadband and fiber optic
telecommunications networks. The applicant shall provide a plan to be approved by staff
including development -owned vault(s) at an entry point(s) to the premises and a conduit
system to provide fiber optic to all buildings in the development. The conduit system shall
utilize a multi -partitioned inner duct system, or other comparable means, to accommodate
multiple fiber optic service providers in the future.
19. Cross -easements for ingress/egress and shared parking shall be executed in a form
acceptable to the City Attorney.
20. Private maintenance agreements for the private streets and utilities shall be provided, in a
form acceptable to the City Attorney, at time of final subdivision approval.
21. The applicant shall enter into a "No Build" Agreement, in a form acceptable to the City
Attorney, to comply with all Building Code requirements.
Q. It was recommended to approve a Final Subdivision (Yankee Doodle Professional Building
Second Addition) to create 2 commercial lots upon approximately 1.72 acres located north of
Yankee Doodle Road and west of Central Parkway.
R. It was recommend to approve Indefeasible Right to Use (IRU) fiber optic agreement with Dakota
County for three separate segments within Eagan.
PUBLIC HEARINGS
There were no public hearings to be heard.
OLD BUSINESS
There was no old business to be heard.
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NEW BUSINESS
Appeal of Right -of -Way Permit Denial
City Attorney Dougherty introduced the item noting earlier this year Xcel Energy applied for a right-of-
way permit to install a gas line on Ames Crossing Road. Following their application, the City denied the
issuance of a permit. Under the City Ordinance, the applicant has the right to seek an appeal of that
decision to the City Council. The Council can authorize the use of a hearing officer to hear the appeal
and file a report to include findings of fact and a recommendation to the Council to either affirm or
reverse the administrative decision. The engagement of a hearing officer would be done through the
approval of a motion. Dougherty noted his office has been in contact with a number of individuals
qualified to act as a hearing officer. He also noted the motion should include a requirement that the
report from the hearing officer be delivered to the City Council no later than a specified regularly
scheduled meeting.
Representatives of Xcel Energy were present and available for questions.
The Council discussed the appeal of the right-of-way permit denial. It was the consensus of the Council
to move forward with engaging a hearing officer.
Councilmember Fields moved, Councilmember Hansen seconded a motion to authorize the City
Administrator to engage a hearing officer for the purpose of hearing Xcel Energy's Appeal of the Denial
of the Right -of -Way Permit and require the hearing officer to file a report with findings and a
recommendation to the City Council no later than November 21, 2017. Aye: 4 Nay: 0
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
ADMINISTRATIVE AGENDA
There was no administrative agenda to be heard.
There were no visitors to be heard.
VISITORS TO BE HEARD
ADJOURNMENT
Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at
6:45 p.m. Aye: 4 Nay: 0
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October 17, 2017
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Date
Mayor
City Clerk