09/04/2018 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
SEPTEMBER 4, 2018
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Ma4r
Maguire, Councilmember Bakken, Fields, and Tilley. Councilmember Hansen was absent.
At 6:15 p.m. a Closed Session was held to update the Council regarding a worker's compensation claim.
Present were Mayor Maguire, Councilmember Fields, Bakken and Tilley. Staff present were City
Administrator Osberg, Assistant City Administrator Miller and Human Resources Manager Peterson and
attorney Bill Laak.
A regular meeting of the Eagan City Council was held on Tuesday, September 4, 2018 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields and Tilley.
Councilmember Hansen was absent. 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, Fire Chief Scott, City Attorney Bauer and Executive Assistant Stevenson.
AGENDA
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as
presented. Aye:4 Nay:0
RECOGNITIONS AND PRESENTATION
There were no recognitions and presentations.
CONSENT AGENDA
Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the consent
agenda as present: Aye: 4 Nay: 0
A. It was recommended to approve the minutes of August 15, 2018 Special City Council meeting,
and August 21, 2018 regular City Council meeting, as presented or modified.
B. Personnel Items:
1. It was recommended to approve the reclassification of HR Analyst to HR Generalist from
Level 9 to Level 10, and reclassification of former HR Generalist from Level 12 to Level 11.
2. It was recommended to approve seasonal/part time recurring Preschool Teacher and two
Preschool Teacher's Assistants, to be named.
3. It was recommended to approve the hiring of three Police Officers from the Pathways to
Policing Program, starting 24, 2018, to be named.
4. It was recommended to authorize the resignations of firefighters Kirsten Setterlund,
Francisco Salazar, Jeff Becker, Nate Sjulstad, and Chris Walker.
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September 4, 2018
2 page
5. It was recommended to accept the resignation of Amy Bifulk, Skating School Coordinator
and authorize recruitment and replacement.
C. It was recommended to ratify the check registers dated August 17 and 24, 2018.
D. It was recommended to approve the ordinary and customary contracts with Home Fires; Sarah
Morris & Matthew French, Julia Christi Band, Sensus USA Inc., and White Bear Mitsubishi.
E. It was recommended to approve a temporary on -sale liquor license and waive the license fee for
the Eagan Foundation on September 20, 2018 at 1501 Central Parkway.
F. It was recommended to approve the prohibition of parking on Quarry Road (both north and
south sides), from Coachman Road to Central Parkway, and authorize the Mayor and City Clerk
to execute all related documents.
G. It was recommended to receive the bids for Contract 18-23 (Beverly Drive Street
Improvements), award the contract to the low bidder, Pember Companies, Inc., for the base bid
in the amount of $272,575.00, and authorize the Mayor and City Clerk to execute all related
documents.
H. It was recommended to approve the vacation of Hall Street right-of-way.
I. It was recommended to approve a Purchase Agreement for the sale of Lot 1, Block 1, Eagan Fire
Station No. 5 located at 4701 Galaxie Avenue with Classic Auto Storage, LLC.
J. It was recommended to accept bids and award a contract to AVI Systems, Inc. for the purchase,
installation and integration of television production equipment for the cities' shared mobile
television production truck for the total amount of $625,752.32. Equipment and installation
services are to be jointly purchased by the cities of Burnsville and Eagan, with each city paying
$312,876.16 of the project cost.
K. It was recommended to approve the renewal of a Joint Powers Agreement allowing the City of
Eagan to continue its participation in the Dakota County Drug Task Force. The signed agreement
would be in effect until December 31, 2023.
PUBLIC HEARINGS
Variance — Frank Schussler
City Administrator Osberg introduced the item noting the house was constructed in 2012, and currently
provides 2,505 square foot or 18.5% coverage. The applicant is proposing to construct a 3 -story addition
to the rear of the home that has a 499 square foot footprint, resulting in a coverage ratio of 22.2%. The
Council is being asked to consider a 2.2% square foot Variance to the maximum 20% building coverage
to allow for an addition to the single-family home at 3630 Woodcrest Circle
City Planner Ridley gave a staff report and provided a site map.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Frank Schussler, the applicant, was available for questions.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a 2.2% SF
Variance to the maximum 20% building coverage to allow for an addition to the single-family home at
3630 Woodcrest Circle, subject to the following conditions: Aye: 4 Nay: 0
City Council Meeting Minutes
September 4, 2018
3 page
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 permitted in the variance.
2. A Building Permit shall be required prior to construction of the addition.
Certification of Delinquent Utilities
City Administrator Osberg introduced the item noting at the August 6, 2018 City Council meeting, a
public hearing was scheduled for the September 4, 2018 City Council meeting. The City currently has
approximately 872 utility bill accounts with delinquent balances. The assessable amount of these
accounts is $200,860.14.
Councilmember Tilley moved, Councilmember Bakken 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 at the August 6, 2018 City Council meeting, a
public hearing was scheduled for the September 4, 2018 City Council meeting. The City has 5 properties
with delinquent false alarm invoices. The assessable amount of the delinquent invoices is $1,225.00.
Councilmember Fields moved, Councilmember Tilley seconded a 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
OLD BUSINESS
Ordinance Amendment — An Ordinance Amendment to City Code Chapter 10
Regarding Recreational Fires
City Administrator Osberg introduced the item noting at the August 15, 2018 Workshop the City Council
was presented with suggested updates to City Code Chapter 10 regarding recreational fires. At the
direction of the Council, all language has been removed regarding any restriction of recreational fires at
certain times/hours of day.
Fire Chief Scott noted the proposed changes to the recreational fire ordinance is to continue to provide
residents the opportunity to enjoy legal recreational fires in our community while also reducing the
growing number of complaints concerning recreational fires that require police and/or fire resources. A
recreational fire is intended to allow residents to enjoy a small fire for recreational purposes by burning
clean, dry firewood. Scott noted creating a free, online annual recreational fire permit would have our
residents agreeing that they have read the ordinance on recreational fires and will follow the rules set
forth.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
City Council Meeting Minutes
September 4, 2018
4 page
Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve an Ordinance
Amendment to City Code Chapter 10 regarding recreational fires and direct publication of an ordinance
amendment summary. Aye: 4 Nay: 0
NEW BUSINESS
Comprehensive Guide Plan Amendment, Rezoning, Preliminary Planned Development
And Preliminary Subdivision — Justman Freight Lines
City Administrator Osberg introduced the item noting the Council is being asked to consider several
actions, including a Comprehensive Guide Plan Amendment to change the land use designation from LD,
Low Density Residential, to IND, Limited Industrial, a Rezoning from R-1, Residential Single Family to PD,
Planned Development, a Preliminary Planned Development to allow a trucking company with outdoor
storage of trucks and trailers and a Preliminary Subdivision all located at 4855 South Robert Trail.
City Planner Ridley gave a staff report and provided a site map.
Logan Tjossem, representing the applicant, summarized the history of the project, and noted the
neighborhood concerns have been addressed and they agree with all of the conditions of approval.
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 implement a
Comprehensive Guide Plan Amendment to change the land use designation from LD, Low Density
Residential, to IND, Limited Industrial, upon approximately 3.48 acres located at 4855 South Robert
Trail. Aye:4 Nay:0
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Rezoning from
R-1, Residential Single Family, to PD, Planned Development, upon approximately 3.48 acres located at
4855 South Robert Trail. Aye: 4 Nay: 0
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Preliminary
Planned Development to allow a trucking company with outdoor storage of trucks and trailers upon
3.48 acres located at 4855 South Robert Trail, subject to the following conditions: Aye: 4 Nay: 0
1. A Preliminary Planned Development Agreement shall be executed and recorded with the
Dakota County Recorder's office. The following exhibits shall be made part of the
Preliminary Planned Development Agreement:
• Site Plan
• Building Elevations
• Landscape Plan
• Tree Preservation Plan
• Site Lighting Plan
• Utility Plan
City Council Meeting Minutes
September 4, 2018
5 page
2. This Preliminary Planned Development shall have a term of five (5) years.
The applicant shall enter into a Final Planned Development Agreement, in a form acceptable
to the City Attorney. The following exhibits shall be made part of the Final Planned
Development Agreement:
• Site Plan
• Building Elevations
• Landscape Plan
• Tree Preservation Plan
• Site Lighting Plan
• Utility Plan
4. The property shall be platted.
5. The Planned Development provides for a trucking company with two buildings, two sheds
and outdoor storage of up to five total trucks and trailers as depicted on the final Site Plan.
6. All of the accessory buildings and hoop structures shall be removed, except for the two 400
SF accessory buildings, located directly behind the exiting 6,860 SF building, within three
months of the final certificate of occupancy on the new structure.
7. The proposed building and parking setback measurements shall be accurately shown on the
Site Plan.
8. The Site Plan shall be revised to remove extraneous information such as the buildings to be
removed, elevation contours and utilities.
9. The Site Plan shall be revised to add the square footage of the existing 6,860 SF building,
and existing and proposed calculations for building coverage and green space.
10. The outdoor storage shall be enclosed with a six-foot chain link fence with gate. A Knox
Switch shall be included for the gate. A zoning permit shall be obtained prior to installation
of said fence.
11. The parking stalls for the trailers and trucks shall be striped and the storage area shall be
kept neat and orderly.
12. The Site Plan shall be revised to include proof -of parking. If parking is found to be
inadequate, then the parking shall be constructed in a manner acceptable to the City
Engineer.
13. Trash and recycling containers shall be located inside the principal building.
14. Building address numbers shall be installed consistent with the provisions of Section 2.78 of
City Code.
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September 4, 2018
6 page
15. Specifications for architectural and sculptured metal panels shall be provided. If found to
not meet the intent of the Building Materials ordinance, the building finish materials shall be
revised to comply with City Code standards.
16. The overhead garage doors shall be painted to match the building exterior.
17. All mechanical equipment shall be screened in accordance with the provisions of the City's
zoning code. The Building Elevation plan shall identify a parapet of at least 30". The ground
mounted equipment shall be shown on the Site Plan and screened from off-site views.
18. All signage shall be subject to City Sign Code. A Sign Permit is required prior to sign
installation.
19. The Lighting Plan shall be revised to show compliance with the 0.5 footcandle minimum
within the parking areas, and the 4:1 average/minimum ratio. The plan shall also identify
the type of fixtures, including the height of the poles, including the base and incorporate the
entire site.
20. The conifers shall be planted to provide a continuous screen of the outdoor storage for the
residential properties.
21. In accordance with Section 11.70, Subd. 12-B-3 of the City Code, a financial guarantee for
the site landscaping shall be submitted at the time of Building Permit application. The
guarantee shall cover two calendar years following satisfactory completion and shall be
released only upon inspection and written notice of conformance by the city. For any
landscaping that is unacceptable, the applicant shall replace the material to the satisfaction
of the city before the guarantee is released. Where this is not done, the city, at is sole
discretion, may use the proceeds of the performance guarantee to accomplish performance.
22. The applicant shall ensure the survival of preserved trees via a) Performance Guarantee
payment of $23,300.00, 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.
23. 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.
24. The Applicant shall be responsible for cash park and trail dedications due at the time of Final
Plat, at the rates then in effect.
25. 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
City Council Meeting Minutes
September 4, 2018
7 page
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.
26. This applicant 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 effective retention of the site's
new impervious surface area (including effective soil remediation for all of the site's
disturbed soils that are to be revegetated).
27. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide
to the City a minimum of two soil boring logs within the footprint of the proposed
infiltration area, extending a minimum of 10' below the bottom of the proposed infiltration
feature with continuous sampling, to evaluate and ensure suitability for infiltration,
including depth to saturated soils. If the soil boring logs indicate incompatibility of existing
sub -soil permeability, or shallow groundwater conflict, with the submitted and reviewed
design plans for meeting volume control requirements, the applicant shall revise the design
and/or construction plans to ensure volume control requirements are fully met for the
mitigated impervious drainage area, to the satisfaction of the City Engineer.
28. 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 Engineer and include in construction plans. Construction details on plan sheets 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 the proposed basin, details for stable
inlets/outlets/emergency overflows, unobstructed inspection/maintenance access areas to
inlets/outlets, 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 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. Grading Plan, Utility Plan, Landscape Plan, etc.).
29. Prior to receiving city approval to permit land disturbing activity, the applicant 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, sod,
permanent seeding or plant materials, 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.) and shall
specify estimated quantities of soil ripping area and volume of compost to be imported and
incorporated. Prior to receiving a Certificate of Occupancy for any affected construction,
City Council Meeting Minutes
September 4, 2018
8 page
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 approved soil management strategy compliance.
30. Prior to proceeding with land disturbing activity, the applicant 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.
31. The applicant shall provide a minimum of 10 -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.
32. The applicant shall provide adequately sized pre-treatment structure (e.g. 4 -foot minimum
depth sump, 5 -foot minimum diameter, with floatable skimmer hood, etc.) at, or
immediately upstream of, the 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).
33. 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 0.4 -inch per hour (based on
0.2 -inch per hour design rate with safety factor) or greater (but less than 8.0 -inch per hour).
If the sub -soil infiltration rates are less than 0.4 -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) design and construction as necessary (e.g. over-excavation/soil-amendment
depth, iron -sand filter over drain -tile, 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 ensure that the City Water Resources staff is provided 24-hour advance
notice of the occurrence of infiltration verifications and also provided notice prior to any
excavation and/or soil backfilling within the infiltration practices, to arrange for inspections.
34. Before the city returns any Stormwater-related Performance Guarantee Fees on the
development site, the applicant shall demonstrate that all stormwater management
practices are performing as intended and shall provide the City Engineer as -built plans that
demonstrate that all constructed stormwater conveyance structures, stormwater
management facilities (sumps, infiltration basins, etc.), including soil loosening &
amendment, 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.
City Council Meeting Minutes
September 4, 2018
9 page
35. Any well and septic systems within the development shall be abandoned in accordance with
City and County standards.
36. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
37. The private utility easement for the relocated utility services to Lot 1 shall be provided in a
form acceptable to the City Attorney.
38. The applicant shall obtain a grading permit from the City prior to the paving of the parking/
outdoor storage areas. Detailed plans for this grading work must be prepared and signed by
a registered professional engineer.
39. The perimeter of the proposed parking/outdoor storage areas shall be constructed with
concrete curb and gutter no later than October 31, 2019.
40. The applicant shall obtain a grading permit from the City prior to the paving of the parking
and outdoor storage areas. Detailed plans for this grading work shall be prepared and
signed by a registered professional engineer.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Preliminary
Subdivision of approximately 4.5 acres located at 4855 South Robert Trail and 660 Red Pine Lane,
subject to the following conditions: Aye: 4 Nay: 0
1. The applicant shall comply with these standards conditions of plat approval as adopted by
Council on February 2, 1993: Al, B1, B2, B3, B4, C1, C2, C4, E1, F1, GH and H1
2. The property shall be platted.
3. The following plans shall be revised and submitted prior to Final Subdivision approval:
• Site Plan
• Final Building Elevations
• Final Landscape Plan
• Final Tree Preservation Plan
• Final Site Lighting Plan
• Final Utility Plan
4. All of the accessory buildings and hoop structures shall be removed, except for the two 400
SF accessory buildings, located directly behind the exiting 6,860 SF building, within three
months of the final certificate of occupancy on the new structure.
5. The proposed building and parking setback measurements shall be accurately shown on the
Site Plan,
6. The Site Plan shall be revised to remove extraneous information such as the buildings to be
removed, elevation contours and utilities.
City Council Meeting Minutes
September 4, 2018
10 page
7. The Site Plan shall be revised to add the square footage of the existing 6,860 SF building,
and existing and proposed calculations for building coverage and green space.
8. The outdoor storage shall be enclosed with a six foot chain link fence with gate. A Knox
Switch shall be included for the gate. A zoning permit shall be obtained prior to installation
of said fence.
9. The parking stalls for the trailers and trucks shall be striped and the storage area shall be
kept neat and orderly.
10. The Site Plan shall be revised to include proof -of parking. If parking is found to be
inadequate, then the parking shall be constructed in a manner acceptable to the City
Engineer.
11. Trash and recycling containers shall be located inside the principal building.
12. Building address numbers shall be installed consistent with the provisions of Section 2.78 of
City Code.
13. Specifications for architectural and sculptured metal panels shall be provided. If found to
not meet the intent of the Building Materials ordinance, the building finish materials shall be
revised to comply with City Code standards.
14. The garage doors shall be painted to match the building exterior.
15. All mechanical equipment shall be screened in accordance with the provisions of the City's
zoning code. The Building Elevation plan shall identify a parapet of at least 30". The ground
mounted equipment shall be shown on the Site Plan and screened from off-site views.
16. All signage shall be subject to City Sign Code. A Sign Permit is required prior to sign
installation.
17. The Lighting Plan shall be revised to show compliance with the 0.5 footcandle minimum
within the parking areas, and the 4:1 average/minimum ratio. The plan shall also identify
the type of fixtures, including the height of the poles, including the base and incorporate the
entire site.
18. The conifers shall be planted to provide a continuous screen of the outdoor storage for the
residential properties.
19. In accordance with Section 11.70, Subd. 12-B-3 of the City Code, a financial guarantee for
the site landscaping shall be submitted at the time of Building Permit application. The
guarantee shall cover two calendar years following satisfactory completion and shall be
released only upon inspection and written notice of conformance by the city. For any
landscaping that is unacceptable, the applicant shall replace the material to the satisfaction
of the city before the guarantee is released. Where this is not done, the city, at is sole
discretion, may use the proceeds of the performance guarantee to accomplish performance.
City Council Meeting Minutes
September 4, 2018
11 page
20. The applicant shall ensure the survival of preserved trees via a) Performance Guarantee
payment of $23,300.00, 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.
22. The development shall be responsible for cash park and trail dedications due at the time of
Final Plat, at the rates then in effect.
23. 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.
24. The applicant 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 effective retention of the site's
new impervious surface area (including effective soil remediation for all of the site's
disturbed soils that are to be revegetated).
25. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide
to the City a minimum of two soil boring logs within the footprint of the proposed
infiltration area, extending a minimum of 10' below the bottom of the proposed infiltration
feature with continuous sampling, to evaluate and ensure suitability for infiltration,
including depth to saturated soils. If the soil boring logs indicate incompatibility of existing
sub -soil permeability, or shallow groundwater conflict, with the submitted and reviewed
design plans for meeting volume control requirements, the applicant shall revise the design
and/or construction plans to ensure volume control requirements are fully met for the
mitigated impervious drainage area, to the satisfaction of the City Engineer.
26. 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 Engineer and include in construction plans. Construction details on plan sheets 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 the proposed basin, details for stable
inlets/outlets/emergency overflows, unobstructed inspection/maintenance access areas to
inlets/outlets, 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
City Council Meeting Minutes
September 4, 2018
12 page
erosion -control 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. Grading Plan, Utility Plan, Landscape Plan, etc.).
27. Prior to receiving city approval to permit land disturbing activity, the applicant 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, sod,
permanent seeding or plant materials, 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.) and shall
specify estimated quantities of soil ripping area and volume of compost to be imported and
incorporated. 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 approved soil management strategy compliance.
28. Prior to proceeding with land disturbing activity, the applicant 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.
29. The applicant shall provide a minimum of 10 -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.
30. The applicant shall provide adequately sized pre-treatment structure (e.g. 4 -foot minimum
depth sump, 5 -foot minimum diameter, with floatable skimmer hood, etc.) at, or
immediately upstream of, the 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).
31. 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 0.4 -inch per hour (based on
0.2 -inch per hour design rate with safety factor) or greater (but less than 8.0 -inch per hour).
If the sub -soil infiltration rates are less than 0.4 -inch per hour (or greater than 8.0 -inch per
City Council Meeting Minutes
September 4, 2018
13 page
hour), the applicant shall immediately notify the City Engineer and revise the volume control
practice(s) design and construction as necessary (e.g. over-excavation/soil-amendment
depth, iron -sand filter over drain -tile, 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 ensure that the City Water Resources staff is provided 24-hour advance
notice of the occurrence of infiltration verifications and also provided notice prior to any
excavation and/or soil backfilling within the infiltration practices, to arrange for inspections.
32. Before the city returns any Stormwater-related Performance Guarantee Fees on the
development site, the applicant shall demonstrate that all stormwater management
practices are performing as intended and shall provide the City Engineer as -built plans that
demonstrate that all constructed stormwater conveyance structures, stormwater
management facilities (sumps, infiltration basins, etc.), including soil loosening &
amendment, 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.
33. Any well and septic systems within the development shall be abandoned in accordance with
City and County standards.
34. The applicant shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
35. The private utility easement for the relocated utility services to Lot 1 shall be provided in a
for acceptable to the City Attorney.
36. The applicant shall obtain a grading permit from the City prior to the paving of the parking/
outdoor storage areas. Detailed plans for this grading work must be prepared and signed by
a registered professional engineer.
37. The perimeter of the proposed parking/outdoor storage areas shall be constructed with
concrete curb and gutter no later than October 31, 2019.
38. The applicant shall obtain a grading permit from the City prior to the paving of the parking
and outdoor storage areas. Detailed plans for this grading work shall be prepared and
signed by a registered professional engineer.
Comprehensive Guide Plan Amendment, and Approve a Planned Development
Amendment — TJ Design (Costco)
City Administrator Osberg introduced the item noting the Council is being asked to consider several
actions, including a Comprehensive Guide Plan Land Use Amendment to change the land use
designation from MO, Major Office to RC, Retail Commercial; to assign a land use designation of RC,
Retail Commercial and zoning designation of PD, Planned Development to approximately two acres of
City Council Meeting Minutes
September 4, 2018
14 page
former right-of-way located north corner of Highway 55 and Blue Gentian Road intersection; and, a
Planned Development Amendment to allow construction of a members -only retail use with liquor sales,
tire center and free-standing motor fuel facility.
City Planner Ridley gave a staff report and provided a site map. Ridley noted the applicant requested
relief from conditions #5 and #6 regarding building materials standards for the principal building and for
the fuel attendant shelter. Revised plans were received on August 31, 2018. Staff concerns regarding
conditions #5 and #6 have been met.
The applicant was available for questions.
Mayor Maguire opened the public comment. There being no public comment, Mayor Maguire turned
the discussion back to the Council.
Councilmember Bakken moved, Councilmember Fields seconded a motion to implement a
Comprehensive Guide Plan Land Use Amendment to change the land use designation from MO, Major
Office to RC, Retail Commercial, upon approximately 18.1 acres located at 995 Blue Gentian Road. Aye:
4 Nay:0
Councilmember Bakken moved, Councilmember Fields second a motion to assign a land use
designation of RC, Retail Commercial and zoning designation of PD, Planned Development to
approximately two acres of former right-of-way located north corner of Highway 55 and Blue Gentian
Road intersection. Aye: 4 Nay: 0
Councilmember Bakken moved, Councilmember Fields second a motion to approve a Planned
Development Amendment to allow construction of a members -only retail use with liquor sales, tire
center and free-standing motor fuel facility upon property located east of Highway 55 and north of Blue
Gentian Road, southeast of the 1-494/1-35E interchange, subject to the following amended conditions:
Aye:4 Nay:O
1. The 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. The property shall be platted.
3. Prior to issuance of any land disturbance permit, the applicant shall enter into a
development agreement with the City, in a form acceptable to the City Attorney.
City Council Meeting Minutes
September 4, 2018
15 page
4. Cart corrals shall be a permanent installation, any signage placed on the corrals shall
be limited to directional/informational no larger than 3 s.f. Overnight storage of
carts outside or in the cart corrals is not permitted, and all carts shall be collected
each day and stored within the building overnight.
5. The Building Elevati-eRS, -rh-;;" be revised- tp reduce the amount ef Metal paRels, and
�., +hn AMA Rt .,f Ather 0 I +.,rill.- tA-,r-hio.,o 6.5% Class I fl.,lrh
7. Signage shall be consistent with the approved plans. Building Signage shall be
permitted on three elevations in lieu of a free-standing sign.
8. Building address numbers shall be installed consistent with the provisions of Section
2.78 of City Code.
9. A revised Site Lighting Plan shall be provided to include photometric data and
demonstrate consistency with the photometric standards listed in the staff report,
for incorporation into the Planned Development Amendment Agreement.
10. The developer shall be responsible for required mitigation in the amount of 1,124
Cat. B trees. The applicant proposes to fulfill the mitigation through cash dedication
in lieu of on-site planting. The cash dedication equivalent is $449,600 and shall be
payable prior to issuance of any land disturbance permit.
11. In addition, a performance guarantee shall be required for preservation of trees
within 15' of the construction zone. The performance guarantee calculates to
$3,537.50 and is payable prior to issuance of any land disturbance permit.
12. A revised Final Landscape Plan shall be provided for the Planned Development
Agreement that incorporates the following modifications:
a. Provide alternative shade tree to River Birch in islands.
b. Specifically identifies the individual species and quantities of plants throughout
the site.
c. Ensure no conflicts with site lighting or utilities.
d. Incorporate additional landscape islands to achieve 5% of parking area in islands.
13. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in
accordance with current City standards and codes.
City Council Meeting Minutes
September 4, 2018
16 page
14. 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.
15. Erosion control measures shall be installed and maintained in accordance with City
code and engineering standards.
16. All retaining walls four feet and higher shall be engineered and require a separate
building permit.
17. Slopes being graded shall not exceed a maximum slope of 3:1.
18. The drainage from the eastern driveway shall be redesigned so that it is treated for
water quality purposes in a stormwater basin or chamber.
19. The developer 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 and any other disturbed soils that are not
remediated following an approved Soil Management Strategy.
20. Plan set Erosion-Control/Stormwater Pollution Prevention Plan Sheets shall include
Site Area Tabulations (existing and proposed impervious surface areas, total
disturbed and undisturbed pervious areas, etc.), include Phase 1(active
construction) erosion -control plan, include redundant erosion -control measures
around pond perimeter at top and toe of slopes, and include plan requirement for
temporary sedimentation basin(s) with sizing info and suggested location(s) for temp
basin(s) and other measures necessary to prevent discharge of sediment laden
water off of the site.
21. Prior to receiving city approval to permit land disturbing activity, the developer shall
provide detailed Soil Management Strategies in the plan set for City review, and
acceptance by the City Engineer, that provide clear assurances that by final grading,
prior to installation of any irrigation, sod, permanent seeding or plant materials, 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 City Volume Control requirements. These
City Council Meeting Minutes
September 4, 2018
17 page
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.) and shall specify estimated quantities of soil ripping area and volume of
compost to be imported and incorporated. 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
approved soil management strategy compliance.
22. Prior to receiving city approval to permit land disturbing activity, the developer shall
provide to the City a minimum of three soil boring logs within the footprint of any
proposed infiltration area, extending a minimum of 10' below the bottom of the
proposed infiltration feature with continuous sampling, to evaluate and ensure
suitability for infiltration, including depth to saturated soils. If the soil boring logs
indicate incompatibility of existing sub -soil permeability, or shallow groundwater
conflict, with the submitted and reviewed design plans for meeting volume control
requirements, the developer shall revise the design and/or construction plans to
ensure volume control requirements are fully met for the mitigated impervious
drainage area, to the satisfaction of the City Engineer.
23. Prior to receiving city approval to permit land disturbing activity, the developer shall
provide construction details of the proposed infiltration basin for City
review/acceptance by the City Engineer and include in construction plans.
Construction details on plan sheets shall include detailed 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 the proposed basin, details for stable
inlets/outlets/emergency overflows, unobstructed inspection/maintenance access
areas to inlets/outlets, 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), temporary and permanent erosion -control 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. Grading Plan, Utility Plan, Landscape Plan, etc.).
24. During infiltration system (basin and underground) over-excavation/sub-soil work,
the developer 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 0.9 -inch per hour (based on 0.45 -inch per hour design rate with
safety factor) or greater (but less than 8.0 -inch per hour). If the sub -soil infiltration
City Council Meeting Minutes
September 4, 2018
18 page
rates are less than 0.9 -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) design and construction as necessary (e.g. over-excavation/soil-
amendment depth, iron -sand filter over drain -tile, etc.) to ensure volume control
requirements are fully met. Documentation shall be provided to the City within 48 -
hours after infiltration testing. The developer shall ensure that the City Water
Resources staff is provided 24-hour advance notice of the occurrence of infiltration
verifications and also provided notice prior to any excavation and/or soil backfilling
within the infiltration practices, to arrange for inspections.
25. The developer shall clarify underground stormwater infiltration system details,
including that a) no geosynthetic fabric will be installed below the chambers, with
the exception of any isolator row and the sides and top of the underground system,
b) sub -soils shall have be of appropriate composition and minimal compaction to
ensure adequate infiltration capability; c) no limestone material is allowed beneath,
between or immediately on top of the chamber system, d) 10 -inch diameter
inspection ports will be provided on all chamber rows, e) all upstream sumps will be
minimum of 48 -inch depth, 72 -inch diameter and include appropriately sized
floatable skimmer hood, and f) physical access via manhole will be provided to the
isolator row.
26. The developer shall provide adequately sized pre-treatment structure (e.g. 4 -foot
minimum depth sump, 5 -foot minimum diameter, with floatable skimmer hood,
etc.) at, or immediately upstream of, any stormwater infiltration facility (e.g.
infiltration basin, underground infiltration system) inlet 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) using Eagan
Standard Detail Plate E231.
27. The developer shall provide effective oil/gasoline and grease removal technology
due to the fueling station area potential for spill, prior to discharge to any
stormwater management facility, which shall be accessible by appropriate
maintenance equipment.
28. The developer shall provide stormwater treatment of the south drive and east drive
by Continuous Deflective Separator (CDS) Structures, as referenced in the Storm
Water Narrative Report, which shall be accessible by appropriate maintenance
equipment.
29. Prior to proceeding with land disturbing activity, the developer 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
City Council Meeting Minutes
September 4, 2018
19 page
operation and performance of the permanent stormwater management system, in a
form acceptable to the City Attorney.
30. Before the city returns any Stormwater-related Performance Guarantee Fees on the
development site, the developer shall demonstrate that all stormwater
management practices are performing as intended and shall provide the City
Engineer as -built plans that demonstrate that all constructed stormwater
conveyance structures, stormwater management facilities (sump(s), pipe galleries,
infiltration basin, CDS structures, wet pond, etc.), including soil loosening &
amendment prior to landscaping, conform to design and/or construction plans, as
approved by the City. As -built volumes shall be provided for the pond and
infiltration basin. Video of final inspection of clean underground pipe gallery system
and contributing storm sewer shall be provided to the City Engineer. 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.
31. 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.
32. The developer shall include the installation of fiber optic cable, or a conduit for
future installation, in the construction plans at,the time of Building Permit.
33. The developer shall obtain a right-of-way permit for any work within the right-of-
way.
34. The developer shall be responsible to restore the street, curb & gutter and
boulevard in a manner acceptable to the City Engineer.
35. A gate valve shall be located at both ends of the private water main loop to
delineate where the public main ends and private main begins.
36. The developer shall enter into an encroachment agreement for any private water
main installed within the public right-of-way, in a form acceptable to the City
Attorney.
37. Any water main located within the Blue Gentian Road right-of-way shall be located
at least 10 feet from the existing storm sewer.
City Council Meeting Minutes
September 4, 2018
20 page
38. All existing water and sewer lines not utilized with this development shall be
abandoned in accordance with City standards.
39. All existing well and septic systems on the site shall be abandoned in accordance
with Dakota County and City standards as part of this development.
40. The developer shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
41. The developer shall be responsible to add left and right turn lanes at both entrances
to the site from Blue Gentian Road, in a manner acceptable to the City Engineer.
42. The developer shall dedicate 10 -foot drainage and utility easements centered over
all lot lines and, in addition, where necessary to accommodate existing or proposed
utilities for drainage ways within the plat. The development shall dedicate
easements of sufficient width and location as determined necessary by engineering
standards.
43. Adequate right-of-way or trail easement shall be provided to fully encompass the
trail along Blue Gentian Road, in a form acceptable to the City Attorney.
44. The trail shall be constructed in a manner acceptable to the City Engineer.
45. The developer shall be responsible for the acquisition of all regulatory agency
permits required by the affected agency prior to Building Permit approval.
46. The developer shall accept its additional financial obligations as defined in
the staff's report in accordance with the final plat dimensions and the rates
in effect at the time of final plat approval.
47. The AUAR mitigative payment shall be paid prior to issuance of the Building
Permit.
48. Park dedication for this development shall be fulfilled through a cash
dedication payable at the time of Building Permit at the rates then in effect.
The 2018 rate for parks is $939 per 1,000 square feet of building.
49. Trail dedication for this development shall be fulfilled through the construction of a
public trail in the north boulevard of Blue Gentian Road, from TH 55 to the east
property limits.
City Council Meeting Minutes
September 4, 2018
21 page
Certification of the Preliminary 2019 General Fund 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 reviewed the 2019 General Fund
budget at the August 15, 2018 Council workshop. The 2019 budget presented at the workshop was a
5.5% increase over 2018.
Finance Director Pepper 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 the preliminary
payable 2019 property tax level as follows: Aye: 4 Nay: 0
Operating
29,978,700
Capital
4,693,884
Abatement
11,000
Debt service
945,488
Community Center debt service
1,113,210
(market value -based)
$36,742,282
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the preliminary
2019 General Fund budget, including contingency, of $38,136,600. Aye: 4 Nay: 0
Councilmember Bakken moved, Councilmember Fields seconded a motion to set the date for the Public
Hearing of the Payable 2019 levy and budget as Tuesday, December 4, 2018. Aye: 4 Nay: 0
Councilmember Bakken moved, Councilmember Fields seconded a motion 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 4, 2018 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.
ADMINISTRATIVE AGENDA
There were no administrative agenda items to be heard.
VISITORS TO BE HEARD
There were no visitors to be heard.
City Council Meeting Minutes
September 4, 2018
22 page
ADJOURNMENT
Councilmember Tilley moved, Mayor Maguire seconded a motion to adjourn the meeting at 7:16 p.m.
Aye:4 Nay:O
CL- l`1- lfa
Date
0 ��-
Mayor
Lkij�n- 4�0-N
City Clerk