10/02/2018 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
OCTOBER 2, 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 Tuesday, October 2, 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,
Communications Coordinator Foote, Director of Community Development Hutmacher, City Planner
Ridley, Finance Director Pepper, Police Chief New, Deputy Fire Chief Springer, City Attorney Dougherty
and Executive Assistant Stevenson.
AGENDA
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as
presented. Aye: 5 Nay:0
RECOGNITIONS AND PRESENTATION
Recognize the Retirement of Communications Director Tom Garrison
City Administrator Osberg recognized Communications Director Tom Garrison for his 16 years of service
to the City of Eagan and presented him with a plaque in appreciation of his service. Garrison thanked
the City for the opportunity to serve. The City Council thanked Garrison for his service to the City.
CONSENT AGENDA
Councilmember Bakken 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 11, 2018 Special City Council
meeting, and September 17, 2018 City Council meeting, as presented or modified.
B. Personnel Items:
1. It was recommended to approve the re -hiring of Amy Bifulk as a part-time, non-exempt,
temporary employee from October 3, 2018 up to, but no later than, December 31, 2018.
2. It was recommended to authorize the hiring of Jessica Bohlken, part time regular Guest
Services Specialist for the Eagan Community Center.
3. It was recommended to authorize the hiring of the seasonal employees for fall 2018 as
Building Attendant I, Basketball Scorekeeper, and Landscape Crew Laborer.
C. It was recommended to ratify the check registers dated September 14 and 21, 2018.
D. It was recommended to approve the ordinary and customary contracts with Meyer Contracting
and Minnesota Valley Photography Club.
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E. It was recommended to receive the Final Assessment Report for Project 1260 (Evergreen Park
Addition — Street Improvements) and schedule a public hearing to be held on November 5,
2018.
F. It was recommended to receive the Final Assessment Report for Project 1261 (Wilderness Run
4th, 5th and 6th Additions —Street Improvements) and schedule a public hearing to be held on
November 5, 2018.
G. It was recommended to receive the Final Assessment Report for Project 1262 (Do.nnywood —
Street Improvements) and schedule a public hearing to be held on November 5, 2018.
H. It was recommended to receive the Final Assessment Report for Project 1263 (Discovery Road
and Columbia Drive — Street Improvements) and schedule a public hearing to be held on
November 5, 2018.
I. It was recommended to receive the Final Assessment Report for Project 1265 (Blue Gentian
Road and Blue Water Road —Street Improvements) and schedule a public hearing to be held on
November 5, 2018.
J. It was recommended to approve a resolution to accept a donation from the Eagan Hockey
Association.
K. It was recommended to receive the bids for Contract 18-26 (2018 Citywide Storm Sewer
Repairs), award the contract to the low bidder, Ryan Contracting, Inc., for the base bid in the
amount of $91,650.00, and authorize the Mayor and City Clerk to execute all related
documents.
L. It was recommended to approve a Resolution of Support for the Dakota County Principal
Arterial Study including recommendations for the following segments to become future
principal arterials within Eagan: County State Aid Highway 28 (Yankee Doodle Road) —
Minnesota Highway 149 to Inver Grove Heights border, Minnesota Highway 3 — Rosemount
border to Inver Grove Heights border, and Minnesota Highway 149 — Inver Grove Heights border
to Minnesota Highway 55.
M. It was recommended to approve an assignment of Buyer's interest in the purchase agreement
for Fire Station No. 5 to 4701 Galaxie Avenue LLC.
N. It was recommended to approve a Conditional Use Permit to allow outdoor storage of 4 multi -
car haulers, 4 single -car haulers and 52 vehicles for property located at 3321 Mike Collins Drive,
subject to the following conditions:
1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the
date of approval.
2. This Conditional Use Permit shall supersede and replace any and all prior Conditional
Use Permits previously issued to the property.
3. The outdoor storage is limited to 4 multi -car haulers, 4 single -car haulers and 52 vehicles
as depicted on the approved Site Plan dated 08/29/18.
4. The property shall be replatted as a single lot and recorded no later than December 31,
2018.
5. Drainage and utility easements shall be provided in a manner acceptable to the City
Engineer.
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October 2, 2018
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6. A Knox Switch shall be provided in a manner acceptable to the Fire Chief to provide
access to the parking lot and rear of the building for public safety purposes.
7. The mesh/slats shall be regularly maintained and kept in premium condition.
8. New parking stalls shall be striped per City Code requirements of 10'x 19'.
O. It was recommended to approve temporary contract building inspection services to perform the
necessary inspection services and adjust the 2018 revenue and expense budgets.
P. It was recommended to approve a Conditional Use Permit to allow outdoor storage of concrete
contractor supplies including a 10,000 gallon form oil tank for property located at 1090 Gemini
Road, subject to the following conditions:
1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the
date of approval and proof of its recording be provided to the City.
2. This Conditional Use Permit shall supersede and replace any and all prior Conditional
Use Permits previously issued to the Property.
3. The outdoor storage is limited to the items noted in the table as depicted on the
approved Site Plan.
4. If the city determines that the site is deficient in parking, the applicant's outside storage
area shall be restriped to accommodate the additional stalls. The applicant shall submit
an application to amend the CUP to adjust the quantity of outdoor storage items that
can be stored as a result of the conversion of the area to parking.
5. A Knox Box or Switch shall be provided in a manner acceptable to the Fire Chief to
provide access to the parking lot and rear of the building for public safety purposes.
6. The Applicant shall obtain a building permit or grading permit from the City prior to the
construction of the proposed parking lot expansion/outdoor storage area. Detailed
plans for this grading work shall be prepared and signed by a registered professional
engineer.
7. 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.
8. 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
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October 2, 2018
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site's new impervious surface area (including effective soil remediation for all of the
site's disturbed soils that are to be revegetated).
9. The Applicant shall clarify underground stormwater filtration system details for City
review/acceptance by the City Engineer and include in construction plans, including
detailed construction cross-sections and notes to include under -drain details (e.g.
cleanouts/vents), erosion -control protections at toe and top of side -slopes, iron -sand
mix specification/composition/source and estimate mix volume needed, filtration basin
surface covering, 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 of over -excavation
and soil -media backfilling.
10. 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, that all 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.
11. 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.
12. 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. The Applicant shall confirm with the City Forester that the
Landscape Plan does not conflict with this requirement.
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. infiltration basin)
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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).
14. The Applicant shall provide adequately sized and cleanable pre-treatment structure (e.g.
Rain Guardian Turret, etc.) at, or immediately upstream of, the stormwater
management filtration basin 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).
15. The Applicant shall include an appropriately sized and designed storm sewer structure
to effectively separate and capture debris and contaminants (including hydrocarbons
and sediment) from the storm water from this site in the drainage area of the 10,000
gallon form oil tank, prior to entering the public storm system. All catch -basin inlets
that enter this sump structure shall be fitted with a post -construction filter bag, with
rigid frame, with hydrocarbon removal filter fabric. Details shall be included in
applicable plan sheet(s).
16. 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, filtration 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 filtration 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.
There were no public hearings to be heard.
There was no old business to be heard.
PUBLIC HEARINGS
OLD BUSINESS
NEW BUSINESS
Approve a Preliminary Subdivision (Viking Lakes 3'd Addition) — MN Department Co., LLC
City Administrator Osberg introduced the item noting the Council is being asked to consider a
Preliminary Subdivision (Viking Lakes 3rd Addition) to create two lots and one outlot upon approximately
35 acres located at 2600 Lone Oak Point.
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City Planner Ridley gave a staff report and provided a site map.
The 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 Fields moved, Councilmember Bakken seconded a motion to approve a Preliminary
Subdivision (Viking Lakes 3rd Addition) to create two lots and one outlot upon approximately 35 acres
located at 2600 Lone Oak Point, subject to the following conditions: Aye: 5 Nay: 0
1. The developer shall comply with these standards conditions of plat approval as adopted by
Council on July 1, 2014:
Al, B1, B2, B3, B4, C1, C2, C4, E1, G1, H1, 11, J1, K1
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 meet all requirements of Minn. Rules Ch. 8420 and City Code §11.67
regarding and a proposed wetland replacement plan.
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 on the site's new and fully -reconstructed impervious surface
area (including effective soil remediation for the site's disturbed soils that are to be
revegetated).
6. The developer shall provide adequately sized pre-treatment (e.g. 4' sump with scour protection
and skimmer hood, inlet filter structure, etc.) at, or immediately upstream of, all stormwater
management facility (e.g. infiltration basin) inlets to provide for effective capture and easily -
accessible cleanout of fine -sand sized particles and floatable pollutants. Details shall be
included in applicable plan sheet(s).
7. The developer shall provide clear plans and details on how impervious surface runoff will enter
proposed infiltration basins (e.g. curb -cuts, catch-basin/piping, etc.), specifically on Utility Plan
and other appropriate plan sheets at all proposed individual drainage areas.
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October 2, 2018
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8. The developer shall provide unobstructed maintenance equipment access paths (without
obstructions from grading, private utilities, trees/branches, large shrubs, etc.), from pavement -
edge to all surface stormwater facilities' inlets/outlets. The unobstructed equipment access
path shall be capable of fully supporting typical maintenance equipment, for periodic
maintenance access to the surface storm water facilities. Verify that Landscape Plan does not
conflict with this access requirement.
9. Prior to receiving city approval to permit land disturbing activity, the developer shall provide the
City with soil boring logs from a minimum of four soil -borings within any proposed infiltration
basin area, extending a minimum of 10' below the bottom of the proposed infiltration feature,
to evaluate and ensure suitability for infiltration. If the soil boring logs indicate incompatibility
of existing sub -soil permeability with the submitted and reviewed design plans for meeting
volume control requirements, the applicant shall revise the design and/or construction plans
(e.g. over-excavation/soil-amendment depth, etc.) and/or follow Permissible Alternative
Stormwater Volume Control Designs process if determined appropriate by the City Engineer, to
ensure volume control requirements are fully met.
10. Prior to receiving city approval to permit land disturbing activity, the developer shall provide
construction details of the proposed infiltration/filtration systems for City review/acceptance by
the City Engineer and include in construction plans. Construction details shall include
infiltration/filtration basin cross-section(s), construction sequencing/protection/restoration
notes, sizing/volume tables, details for stable inlets/outlets/emergency overflows, details for
pre-treatment, unobstructed inspection/maintenance access areas to inlets/outlets, soil
amendment criteria, live planting, seeding & permanent erosion -control details, etc., to ensure
infiltration/filtration practice is properly designed, constructed, planted, and adequately
protected during / after construction to prevent clogging, and able to be properly maintained
(e.g. unobstructed equipment access, etc.) to function as intended. These graphical details and
notes shall be prominently included in all applicable plan sheets (e.g. Erosion & Sediment
Control Plan, Grading Plan, Utility Plan, Landscape Plan, Details, etc.).
11. Prior to receiving city approval to permit land disturbing activity, the developer shall provide
detailed Soil Management Strategies for City review, and acceptance by the City Engineer, that
provide clear assurances that by final grading, prior to installation of any irrigation and
plantings, the disturbed areas that are to be revegetated will have protected and/or restored
soil permeability to non -compacted soil conditions in the top 12" of soil with greater than 5%
soil organic matter content and less than 200 psi of soil compaction in the top 12" of topsoil, to
comply with Volume Control requirements. These graphical details and notes on soil
protection/restoration shall be included in the Stormwater Management Plan and prominently
included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading & Drainage
Plan, Landscape Plan, etc.).
12. Prior to receiving a Certificate of Occupancy for any affected construction, Soil Management
Strategy implementation documentation (e.g. representative on-site soil samples, compaction
testing and soil organic content test results) shall be provided to City Water Resources staff to
verify compliance with approved soil management strategy. City Water Resources staff shall be
notified, with 24-hour advance notice, for inspection during soil amendment process, prior to
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October 2, 2018
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installation of any irrigation, seeding or plant materials, to verify soil compliance. Provide plan
sheet notes/instructions on all applicable plan sheets.
13. During infiltration system area 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 0.8 -inch per hour or greater (but less than
8.0 -inch per hour). If the sub -soil infiltration rates are less than 0.8 -inch per hour (or greater
than 8.0 -inch per hour), the applicant shall immediately notify the City Engineer.
Documentation shall be provided to the City within 48 -hours after infiltration testing. The
applicant shall provide the City Water Resources staff with 24-hour advance notice of the
occurrence of infiltration verifications and also prior to any excavation and/or soil backfilling
within the infiltration practices (City Water Resources staff contact/instructions shall be
clearly/prominently listed on appropriate plan sheets).
14. 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 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 developer shall provide the City Engineer as -built plans that demonstrate
that all constructed stormwater conveyance structures, stormwater management facilities (pre-
treatment, infiltration practices, etc.), and soil management strategies conform to design and/or
construction plans, as approved by the City. As -built volumes (for retention) shall be provided
for the infiltration practices. The 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.
16. The development shall be designed to support broadband and fiber optic telecommunications
networks. The developer shall provide a plan to be approved by staff including development -
owned vault(s) at an entry point(s) to the premises and a conduit system to provide fiber optic
to all buildings in the development. The conduit system shall utilize a multi -partitioned inner
duct system, or other comparable means, to accommodate multiple fiber optic service providers
in the future.
17. Cross -easements for ingress/egress and shared parking shall be executed in a form acceptable
to the City Attorney.
18. Private maintenance agreements for the private streets and utilities shall be provided, in a form
acceptable to the City Attorney, at time of final subdivision approval.
LEGISLATIVE/ INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
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October 2, 2018
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ADMINISTRATIVE AGENDA
There was no administrative agenda items to be heard.
VISITORS TO BE HEARD
Steven Henry, 3741 Falcon Way, addressed the Council with his concerns regarding airplane noise.
ADJOURNMENT
Councilmember Hansen moved, Councilmember Tilley seconded a motion to adjourn the meeting at
6:56 p.m. Aye: 5 Nay: 0
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