09/17/2018 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
SEPTEMBER 17, 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, September 17, 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, City Engineer
Gorder, Parks and Recreation Director Pimental, Director of Communications Garrison, Director of
Community Development Hutmacher, City Planner Ridley, Finance Director Pepper, Police Chief New,
City Attorney Dougherty 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 Tilley seconded a motion to approve the consent
agenda as present: Aye: 5 Nay: 0
A. It was recommended to approve the minutes of September 4, 2018 City Council meeting, as
presented or modified.
B. Personnel Items:
1. It was recommended to approve the hiring of Elizabeth Peifer as a fulltime, temporary
employee from September 19, 2018—January 15, 2019.
2. It was recommended to authorize the hiring of the seasonal employees as Building
Attendant I, Building Attendant II, Building Attendant III, Lifeguard, Landscape Crew Laborer,
Manager On Duty — Civic Arena, Preschool Teacher's Assistant, Park Maintenance Worker,
and Skate Instructor On Ice.
C. It was recommended to ratify the check registers dated August 31 and September 7, 2018.
D. It was recommended to approve the ordinary and customary contracts with Mean Gene and the
Woodticks, Milligan Studio, Stuart Pimsler Dance & Theater, Morgan Grace Willow, Dennis
Warner, Mary Gohman, and Walgreens.
E. It was recommended to approve a resolution to accept donations from the Eagan Hockey
Association, Tara Borgschatz, and Molly Schuetzle.
City Council Meeting Minutes
September 17, 2018
2 page
F. It was recommended to approve a resolution appointing absentee ballot board judges and
designating them as deputy city clerks for the purpose of administering the November 6, 2018
General Election.
G. It was recommended to approve a resolution reauthorizing membership in the 4M Fund.
H. It was recommended to receive the Final Assessment Roll for Project 1245 (Quarry Road — Street
Extension) and schedule a public hearing to be held on October 16, 2018.
I. It was recommended to receive the Final Assessment Report for Project 1258 (Galaxie Avenue —
Street Improvements) and schedule a public hearing to be held on October 16, 2018.
J. It was recommended to receive the Final Assessment Report for Project 1259 (Heine 1St Addition
—Street Improvements) and schedule a public hearing to be held on October 16, 2018.
K. It was recommended to receive the Final Assessment Report for Project 1264 (Wescott
Woodlands — Street Improvements) and schedule a public hearing to be held on October 16,
2018.
L. It was recommended to receive the Final Assessment Report for Project 1274 (Rocky Lane —
Street Improvements) and schedule a public hearing to be held on October 16, 2018.
M. It was recommended to approve the plans and specifications for Contract 18-26 (2018 Citywide
Storm Sewer Repairs) and authorize the solicitation of quotes.
N. It was recommended to receive the petition to vacate drainage and utility easement on Lots 1 &
2, Block 2 and Lot 2, Block 3 Summerbrooke Addition, and a ponding and utility easement at 755
Diffley Road per doc. No. 995954, and schedule a public hearing to be held on October 16, 2018.
O. It was recommended to receive the petition to vacate drainage and utility easements on Outlot
A Kieffer Addition, and Outlot B Hills of Stonebridge, and schedule a public hearing to be held on
October 16, 2018.
P. It was recommended to approve an encroachment agreement with Gramercy Park Cooperative
(Sign Relocation).
Q. It was recommended to approve the recommendations of the Public Works Committee
regarding various appeals to the Water Meter Replacement/Repair (R/R) Program (City Code
3.05) surcharges for the identified properties in accordance with the related City Ordinance.
R. It was recommended to approve the prohibition of parking on Beverly Drive (both sides) and
authorize the Mayor and City Clerk to execute all related documents.
S. It was recommended to approve a Cooperative Agreement with Hennepin Technical College for
Customized Police Training in the Pathways to Policing Cadet Program.
T. It was recommended to approve the City of Eagan Brand Usage Guide for the new City logo
including for the subordinate brands, to confirm related logo policies, and direct staff to update
the Employee Handbook accordingly.
U. It was recommended to adopt the list of projects for 2019-2023 on the Parks CIP as presented to
the City Council at a Special Council meeting on Tuesday, September 11, 2018, and authorize the
initiation of the public improvement process for 2019 programmed improvements.
V. It was recommended to approve Change Order #3 for Project 18-06, Police Department and City
Hall Renovation.
W. It was recommended to approve Change Order #1 for Contract 18-10 (2018 Citywide Trail &
Parking Lot Improvements), and authorize the Mayor and City Clerk to execute all related
documents.
X. It was recommended to approve an agreement with AVI Systems, Inc., to replace character
generator in the Eagan Room.
City Council Meeting Minutes
September 17, 2018
3 page
There were no public hearings to be heard.
PUBLIC HEARINGS
OLD BUSINESS
Receive Bids and Approve Resolution Awarding the Sale of $22,300,000 General
Obligation Bonds, Series 2018A
Finance Director Pepper noted the City Council authorized the issuance of bonds to provide financing
for the City Hall/Police remodel/expansion and phase 2 of the Central Maintenance facility remodel. The
bonds were sold by competitive bid. Credit ratings were requested from Moody's and Standard &
Poor's. Both agencies have affirmed their Triple -A ratings for all of the City's debt.
Tammy Omdal from Northland Securities presented the results of the sale. Omdal noted the final sale
amount was $22,300,000.
Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the resolution
awarding the sale of $22,300,000 General Obligation Bonds, Series 2018A. Aye: 5 Nay: 0
Councilmember Bakken moved, Councilmember Hansen seconded a motion to engage Northland
Securities to perform future continuing disclosure reporting. Aye: 5 Nay: 0
NEW BUSINESS
Appeal of Staff Decision — 2111 Wuthering Heights Road
City Administrator Osberg introduced the item noting the Council is being asked to affirm or reverse
staff's decision to require the platting of the property located at 2111 Wuthering Heights Road. Osberg
noted the City Code Section 13.02, Subd. 3 states, no building permit shall be granted for the erection of
any building or structure upon lands which are not platted in accordance with the requirements of this
section or which was platted as an outlot.
City Planner Ridley provided a site map.
The appellants Josh and Joann Tibbets reiterated what was stated in their narrative and supporting
information appealing staffs decision. Mr. Tibbets stated the platting requirement is a large financial
hardship.
The Council, acting as the Board of Appeals, discussed the request. After further discussion it was the
consensus of the Board to follow City Code for platting of the property. However, Mayor Maguire
questioned if there was a vehicle to handle the cost of the platting as an assessment allowing the
homeowner to pay over several years. City Attorney Dougherty along with staff will look into this option
and follow up with the Council and the homeowners.
Councilmember Fields moved, Mayor Maguire seconded a motion to affirm staff's decision to require
the platting of the property located at 2111 Wuthering Heights Road. Aye: 5 Nay: 0
City Council Meeting Minutes
September 17, 2018
4 page
Preliminary Subdivision (Prowire 2nd Addition) — Ebert Construction
City Administrator Osberg introduced the item noting the property is located at 4101 Nichols Road. The
Council is being asked to considered assignment of Retail Commercial (RC) land use and General
Business (GB) zoning designations to the formerTH-77 right-of-way property, and a Preliminary
Subdivision to create two lots upon 4.27 acres.
City Planner Ridley gave a staff report and provided a site map.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the assignment of
Retail Commercial (RC) land use and General Business (GB) zoning designations to the former TH-77
right-of-way property. Aye: 5 Nay: 0
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Preliminary
Subdivision to create two lots upon 4.27 acres located at 4101 Nicols Road and adjacent former TH-77
right-of-way, subject to the following conditions: Aye: 5 Nay: 0
1. The developer shall comply with these standards conditions of plat approval as revised
by Council on July 1, 2014: Al, B1, 62, B3, C1, C2, C4, D1, E1, F1, H1
2. The property shall be platted.
3. All erosion/sediment control plans submitted for development and grading permits shall
be prepared by a designer who has received current Minnesota Department of
Transportation (MNDOT) training, or approved equal training as determined by the City
Engineer in designing stormwater pollution prevention plans. Also, all personnel
responsible for the installation of erosion/ sediment control devices, and the
establishment of vegetation for the development, shall have received Erosion/Sediment
Control Inspector/Installer certification through the University of Minnesota, or
approved equal training as determined by the City Engineer.
4. The developer shall provide private utility easements and/or maintenance agreements
for the private storm sewer that serves both Lots 1 and 2, in a form acceptable to the
City Attorney, at time of final subdivision approval.
5. The developer shall be responsible to restore the street, curb and gutter, and boulevard
in a manner acceptable to the City Engineer.
6. This development shall provide hydrant spacing and locations in accordance with City
Fire Department and Public Works standards. This will generally require additional
hydrants to be placed on the north and south sides of the building.
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September 17, 2018
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7. The sewer service shall be designed with a 48" inspection manhole located at the
property line, and the connection to the public main shall be with a wye (not a direct
connection into a manhole).
8. A commercial concrete driveway apron shall be constructed in accordance with City
Detail Plate No. 440.
9. 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.
10. 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 active construction erosion -control plan to
protect on-site water quality pond, include City of Eagan Standard Plates for erosion -
control (e.g. inlet protection, silt fence installation, etc.), 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 into the on-site water quality pond. The on-site water quality
pond will not serve as the temporary sediment basin.
11. Prior to receiving city approval to permit land disturbing activity, the property owner
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 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.
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September 17, 2018
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12. The applicant shall clarify underground stormwater filtration system details, including
detailed construction cross-sections and notes include a treated -plywood box frame
with internal supports, under -drain details including cleanouts/vents), erosion -control
protections at toe and top of side -slopes, iron -sand mix
specification/composition/source and estimate mix volume needed, impermeable liner
specifications (thickness, acceptable joint sealing, etc.), etc. for contractor to
successfully construct and protect. Pertinent plan sheets shall also include notes for
coordinating City Water Resources Staff inspection of Iron -Sand Filtration during critical
construction steps.
13. 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. filtration 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.
14. 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.
15. 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 (sump(s), filtration system, etc.), including soil loosening &
amendment, conform to design and/or construction plans, as approved by the City. As -
built volumes 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 accord with the plans and specifications approved. This certification shall be
provided by a Professional Engineer licensed in the State of Minnesota.
Comprehensive Guide Plan Amendment, Rezoning, Preliminary Planned Development
And Preliminary Subdivision — Southview Senior Living
City Administrator Osberg introduced the item noting on May 1, 2018, the City Council directed the
Comprehensive Guide Plan Amendment to be sent to the Metropolitan Council for review. Before the
Council are four actions to consider, a Comprehensive Guide Plan Amendment to change the land use
designation, a Rezoning from Business Park to Planned Development, a Preliminary Planned
Development to allow a 4 -story senior housing facility with a preschool upon approximately 7.9 acres,
City Council Meeting Minutes
September 17, 2018
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and a Preliminary Subdivision of approximately 39 acres to create two lots located at 3355 Discovery
Road.
City Planner Ridley gave a staff report and provided a site map.
The applicant, John Myhre with Southview Senior Living, was available for questions.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
The Council discussed the request. Councilmember Fields noted she would like to see the Gazebo area
moved or arranged (such as a pocket park) where it would be accessible to the public. The applicant was
supportive of the idea and agreed to work with Parks and Recreation Director Pimental. After further
discussion it was the consensus of the Council to continue the item.
Councilmember Fields moved, Councilmember Bakken seconded a motion to continue the
Comprehensive Guide Plan Amendment, Rezoning, Preliminary Planned Development and Preliminary
Subdivision to the October 16, 2018 City Council meeting. Aye: 5 Nay: 0
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
ADMINISTRATIVE AGENDA
CITY COUNCIL
Councilmember Fields announced the Lone Oak Days at Holz Farm is this weekend.
There were no visitors to be heard.
VISITORS TO BE HEARD
ADJOURNMENT
Councilmember Tilley moved, Hansen seconded a motion to adjourn the meeting at 8:19 p.m. Aye: 5
Nay: 0
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