08/06/2018 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
AUGUST 6, 2018
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmember Bakken, Fields, Hansen and Tilley.
A regular meeting of the Eagan City Council was held on Monday, August 6, 2018 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, Public Works
Director Matthys, Parks and Recreation Director Pimental, Director of Communications Garrison,
Director of Community Development Hutmacher, Finance Director Pepper, Police Chief New, City
Attorney Bauer and Executive Assistant Stevenson.
AGENDA
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as
presented. Aye:5 Nay:0
RECOGNITIONS AND PRESENTATION
There were no recognitions and presentations.
CONSENT AGENDA
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the consent
agenda as present: Aye: 5 Nay: 0
A. It was recommended to approve the minutes of July 17, 2018 regular City Council meeting, as
presented or modified.
B. Personnel Items:
1. It was recommended to approve the reclassification of one Guest Services Representative
position to ECC Facilities Coordinator at the Eagan Community Center from Level 4 to Level 6
and approve the appointment of Lori Stefanko to this new position.
2. It was recommended to authorize the recruitment of a part time Guest Services
Representation for the Eagan Community Center.
3. It was recommended to approve the promotion of Ceasar Page from a Part Time Eagan
Community Center Custodian, Level 1 to Full Time Eagan Community Center Custodian,
Level 3.
4. It was recommended to approve the promotion of Andrew Speakman from Sergeant to
Lieutenant.
5. It was recommended to approve the promotion of Bryan Johnson from Police Officer to
Sergeant.
6. It was recommended to approve the promotion of L. Mark Kritzeck from Police Detective to
Sergeant.
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August 6, 2018
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7. It was recommended to approve the hiring of Kurtis Syvertsen as a Police Officer.
8. It was recommended to approve the hiring of Matt Ratzloff as a Police Officer.
9. It was recommended to approve the hiring of Sean Farnham as a Police Officer.
10. It was recommended to authorize the hiring of a Full Time regular Streets Maintenance
Worker.
11. It was recommended to authorize the hiring of the seasonal employees for Cascade Bay
Lifeguard, Water Aerobics Instructors, and ECC Guest Service Representatives.
12. It was recommended to authorize the resignations of seasonal employees for Park
Maintenance Worker and Custodian I.
C. It was recommended to ratify the check registers dated July 13, 20 and 27, 2018.
D. It was recommended to approve the ordinary and customary contracts with HealthPartners
Administrators, Inc, Chris Holm, Dan Rumsey, South Metro Santa and Susan McLean.
E. It was recommended to authorize the City of Eagan to go out for bid jointly with Burnsville for
the equipment in the new mobile production truck and allow those bids to be submitted via the
City of Burnsville's online tool.
F. It was recommended to authorize Change Order #1 for the joint Eagan/Burnsville Mobile
Production Truck project for additional engineering and integration support from AVI Systems
and reset the Not to Exceed amount accordingly.
G. It was recommended to adopt a proclamation recognizing August 7, 2018 as National Night Out
in Eagan.
H. It was recommended to approve an agreement with Ancom, Inc., to provide 8000Mhtz
bidirectional antennae professional design services for the renovations at the City Hall and
Police facilities.
I. It was recommended to schedule a public hearing for September 4, 2018 to consider final
assessment of the delinquent nuisance abatement bills and certify them to Dakota County for
collection with property taxes.
J. It was recommended to schedule a public hearing for September 4, 2018 to consider final
assessment of the delinquent utility bills and certify them to Dakota County for collection with
property taxes.
K. It was recommended to approve a resolution to temporarily extend the licensed premise of the
On -Sale Taproom License issued to Bald Man Brewing, Inc. on August 24 and 25, 2018 at 2020
Silver Bell Road Suite 25.
L. It was recommended to approve a one-year extension of Preliminary Subdivision approval for
Manley Gun Club to create 10 single-family lots upon approximately 3.9 acres located west of
Brooklyn Lane and east of Highway 3 bordering Rosemount to the south.
M. It was recommended to direct platting of surplus right-of-way at Duckwood and Federal Drives.
N. It was recommended to approve the general insurance renewal for the period of July 1, 2018 to
July 1, 2019.
0. It was recommended to approve the plans and specifications for Contract 18-23 (Beverly Drive —
Street Extension), and authorize the advertisement for a bid opening to be held at 10:30 a.m. on
Thursday, August 30, 2018.
P. It was recommended to approve a temporary on -sale liquor license and waive the license fee for
Eagan Rotary Foundation and Rotary Club on August 25, 2018 at 3795 Pilot Knob Road.
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August 6, 2018
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There were no public hearings to be heard.
PUBLIC HEARINGS
OLD BUSINESS
Ordinance Amendment Relative to Planned Development Lot Size
City Administrator Osberg introduced the item noting at the April 17, 2018 regular meeting, City Council
directed staff to work with the City Attorney's office to prepare an ordinance amendment. The
amendment would remove the 5 acres lot size requirement for planned development. Osberg noted the
lack of raw land supply, and continued increase in infill/re-use development and the sensitivity
frequently experienced with infill development, the City Council determined the removal of the five -
acre minimum would be beneficial to consider.
City Planner Ridley gave a staff report.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an Ordinance
Amendment to Chapter 11, Section 11.60, to remove the minimum five -acre lot size requirement for
Planned Developments. Aye: 5 Nay: 0
NEW BUSINESS
Rezoning and Preliminary Subdivision (Haven Woods) — Barbara McMahon
City Administrator Osberg introduced the item noting the Council is being asked to consider a Rezoning
from A, Agriculture, to R-1, Single -Family, and a Preliminary Subdivision to create 10 single-family lots
upon approximately 5.25 acres at 3955 Dodd Road.
City Planner Ridley gave a staff report and provided a site map.
Barbara McMahon, applicant, was available for questions.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Rezoning from
A, to R-1, Single -Family, upon approximately 5.0 acres at 3955 Dodd Road, located southwest of Dodd
Road and Elrene Road. Aye: 5 Nay: 0
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Preliminary
Subdivision (Haven Woods) to create 10 single-family lots upon approximately 5.25 acres at 3955 Dodd
Road, located southwest of Dodd Road and Elrene Road, subject to the following conditions: Aye: 5
Nay: 0
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August 6, 2018
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1. The developer shall comply with these standards conditions of plat approval as revised by
Council on July 1, 2014: Al, 131, B2, B3, B4, C1, C2, C4, E1, F1, G1, H1, L1
2. The property shall be platted.
3. Outlot A shall be combined with Lot 10 prior to approval of final subdivision. However, the
applicant can eliminate Outlot A from the final plat if it provides a metes and bounds description
and proof, in a form acceptable to the city attorney, of conveyance to an adjacent property
owner together with a recorded lot combination agreement.
4. Outlot B shall be combined with Lot 5 for tax purposes with a recordable lot combination
agreement in a form acceptable to the city attorney. However, the applicant can eliminate this
requirement if it provides proof, in a form acceptable to the city attorney, of conveyance to an
adjacent property owner together with a recorded lot combination agreement.
GRADING
5. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance
with current City standards and codes prior to final subdivision approval.
6. 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
(MN DOT) training, or approved equal training as determined by the City Engineer in designing
stormwater pollution prevention plans. A Phase 1 (during initial grading) Erosion Control Plan
and a Phase 2 Erosion Control Plan shall be included in the Plan Set.
7. All personnel responsible for the construction and management of erosion/ sediment control
devices, and the establishment of vegetation for the development, shall have received
Erosion/Sediment Control site management certification through the University of Minnesota,
or approved equal training as determined by the City Engineer.
8. Erosion control measures shall be installed and maintained in accordance with City code and
engineering standards.
9. The applicant shall obtain a temporary construction easement or agreement for any off-site
work necessary to construct the proposed improvements.
WATER QUALITY
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 impervious surface
area.
11. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide
construction details of the proposed infiltration basins for City review/acceptance by the City
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August 6, 2018
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Engineer and include in construction plans. Construction details shall include infiltration basin
cross-section(s), construction sequencing/protection/restoration notes, sizing/volume tables to
demonstrate compliance with minimum volume control retention including detailing drainage
areas for basin, details for stable inlets/outlet/emergency overflow, unobstructed
inspection/maintenance access areas to inlets/outlets, sub -soil ripping of 18 -inch depth
minimum x 18 -inch maximum spacing, soil amendment criteria, planting details (including live
planting at 18 -inch on -center spacing with seeding of all basin bottoms, and seeding of side -
slopes), permanent erosion -control details, etc., to ensure infiltration practices are 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. Grading Plan, Utility Plan, etc.).
12. The applicant shall provide adequately sized pre-treatment (e.g. sump structure of 4 -feet depth
and 5 -feet minimum diameter with floatable skimmer hood, 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 floatable pollutants. Pre-
treatment structures shall be accessible by appropriate maintenance equipment. Details shall
be included in applicable plan sheet(s).
13. The applicant shall provide a 15 -foot wide unobstructed equipment access path (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.
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 1 -inch per hour or greater (but less than
8.0 -inch per hour), and provide 24 -hours' notice to the City of testing occurrence. 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.
15. 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
basin. 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.
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August 6, 2018
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UTILITIES
16. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
17. All well and septic systems within the development shall be abandoned in accordance with City
and County standards.
18. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide
telecommunications fiber to the home (FTTH) or conduit to all homesites to permit third party
providers to install FTTH within the neighborhood, at the time of final subdivision approval.
TREE PRESERVATION
19. The applicant shall fulfill tree mitigation requirements through the installation of seventy (70)
Category B trees.
20. The applicant shall ensure the survival of preserved trees via a) Performance Guarantee
payment of $2,075.00, and b) 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.
21. 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.
PARKS AND RECREATION
22. This development shall provide a cash park and trail dedication for the net increase of nine (9)
residential lots, payable at the time of Final Plat at the rates then effect. The 2018 rates for
single-family residential development are $3,579 per lot for parks and $258 per lot for trails.
Planned Development Amendment — Raising Cane's
City Administrator Osberg introduced the item noting the subject property is located within the Eagan
Central Commons Special Area. The Council is being asked to consider a Planned Development
Amendment to allow a fast food restaurant with drive-through service upon property located at 1525
Central Parkway. Osberg noted, earlier today the Council received a revised site plan and narrative.
City Planner Ridley gave a staff report and provided a site map.
Trisha Sieh, Kimley-Horn, gave a summary of the revised site plan submitted on August 3, 2018.
The Council discussed the planned development amendment. There was discussion regarding parking
and green space standards. Ms. Sieh, suggested a proof of parking could be included to cover if there is
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August 6, 2018
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a parking shortage. Council suggested eliminating two of the parking stalls on the west side by revising
to 10' parking stalls widths, eliminating the two parking stalls at the southeast corner of the site and to
add more green space by designating the area for three stalls at the south end of the western bank as
proof of parking. Ms. Sieh agreed with the suggested changes.
Mayor Maguire opened the public comment. There being no public comment, Mayor Maguire turned
the discussion back to the Council.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Planned
Development Amendment to allow a fast food restaurant with drive-through service upon property
located at 1525 Central Parkway, subject to the revised Site Plan and modifications discussed and the
following conditions: Aye: 5 Nay: 0
1. A Planned Development Amendment /Final Planned Development Agreement shall be executed,
in a form acceptable to the City Attorney, and recorded against the property within 90 days of
City Council approval. The Agreement shall include the following exhibits:
• Site Plan
• Building Elevations Plan
• Landscape Plan
• Site Lighting Plan
• Signage Plan
2. A patio seating plan shall be provided for the Planned Development Agreement demonstrating
compliance with City Code standards for outdoor dining in Section 11.70, Subd. 29.
If City officials find the detached trash enclosure to be acceptable in this case, the trash
enclosure shall be constructed consistent with City Code standards, and consist of materials to
match the principal building with opaque gates for screening.
4. Detailed sign plans and construction specifications for the monument sign, building signs menu
boards and directional signs shall be provided for the Planned Development Agreement. All
signs are subject to City Code standards and compliance shall be verified at the time of Sign
Permit application.
5. The message area of the monument sign shall be a separate panel affixed to the brick
monument, not painted directly onto the brick.
6. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City
Code.
7. All mechanical equipment shall be screened in accordance with the City Code. If any rooftop
equipment is visible above the 30" parapet, it shall be further screened by physical means
consistent with City Code standards.
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August 6, 2018
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8. The Photometric Plan shall be revised to utilize 28' ht. pole lights, and achieve a maximum 4.0 fc
average to minimum ratio, with this data shown on the final photometric plan for the Planned
Development Agreement.
9. 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.
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 of the site's proposed impervious surface area (or equivalent water
quality treatment through filtration) and any other disturbed soils that are not remediated following
an approved Soil Management Strategy.
11. The applicant shall clarify underground stormwater filtration system details, including that a) no
geosynthetic fabric will be installed below the chambers, with the exception of the isolator row and
the sides and top of the underground system, b) no limestone material is allowed beneath, between
or immediately on top of the chamber system, c) 10 -inch diameter inspection ports will be provided
on all chamber rows, d) all upstream sumps will be 72 -inch diameter and include appropriately sized
floatable skimmer hoods, and e) physical access via manhole will be provided to the isolator row.
12. 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 of the
permanent stormwater management system, in a form acceptable to the City Attorney.
13. 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
(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 filtration system. The applicant shall
submit to the City Engineer certification that the stormwater management facilities have been
installed in accordance with the plans and specifications approved. This certification shall be
provided by a Professional Engineer licensed in the State of Minnesota.
14. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
15. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide
telecommunications fiber to the premises (FTTP). This development shall include the installation of
fiber optic cable, or a conduit for future installation, in its construction plans at the time of Final
Subdivision.
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August 6, 2018
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16. The applicant shall provide private maintenance agreements and cross -easements for
ingress/egress and private sidewalk connections in a form acceptable to the City Attorney.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
ADMINISTRATIVE AGENDA
CITY COUNCIL
Councilmember Tilley acknowledged the good job Metro Mobility has been doing getting her to and
from Council meetings.
Mayor Maguire thanked Police Chief New and Public Works Director Matthys for the great job handling
traffic management during the Vikings training camp. He also noted the Vikings are also doing a great
job of keeping traffic under control.
Councilmember Hansen encouraged residents to get outside and meet their neighbors during National
Night Out tomorrow August 7m
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
7:13 p.m. Aye: 5 Nay: 0
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Date
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Mayor
City Clerk