11/05/2018 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
NOVEMBER 5, 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, November 5, 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, Communications Coordinator Foote, City
Planner Ridley, Finance Director Pepper, Police Chief New, Fire Chief Scott, and City Attorney Dougherty.
AGENDA
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as
presented. Aye:5 Nay:0
RECOGNITIONS AND PRESENTATION
Recognition of Eagan Fire Chief Mike Scott as the Minnesota State Fire Chiefs
City Administrator Osberg noted on October 12, 2018 the Annual Awards Banquet for the Minnesota
State Fire Chiefs Association was conducted at the St. Paul River Center. Each year there are two Fire
Officer of the year awards presented by the Minnesota Fire Chiefs Association. Eagan Fire Chief Scott
was presented the award as the Minnesota State Fire Chiefs Association Fire Officer of the Year for Cities
with a population of over 10,000. The Council congratulated Fire Chief Scott.
CONSENT AGENDA
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the consent
agenda as amended: Aye: 5 Nay: 0
A. It was recommended to approve the minutes of October 9, 2018 Special City Council minutes,
and October 16, 2018 regular City Council meeting, as presented or modified.
B. Personnel Items:
It was recommended to authorize the hiring of Daniel Peloski, Streets Maintenance Worker.
It was recommended to approve the status change of James Phelps from FT Regular,
Mechanic, in the Public Works Department to FT Regular, Parks Maintenance Worker, in the
Parks & Recreation Department and authorize the recruitment and replacement of the
mechanic position.
3. It was recommended to authorize the hiring of seasonal employees as Building Attendant III,
Guest Services Representatives, Recreation Leaders, and Utility Maintenance Intern.
C. It was recommended to ratify the check registers dated October 12, 19, and 26, 2018.
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November 5, 2018
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D. It was recommended to approve the ordinary and customary contracts with AVI Systems, Eagan
Hockey Association, SHE, listed Winter Art Sale Vendors, Art Works Eagan, and Chris Kroeze.
E. Item was pulled for further discussion.
F. It was recommended to approve an Easement Conveyance Agreement with Northern Natural
Gas for an installation of a cathodic protection device in George Ohmann Park, and authorize
the Mayor and City Clerk to work with City Attorney and sign all required documents.
G. It was recommended to approve the Application of Dakota Valley Recycling for Dakota County
Community Funding.
H. It was recommended to award a contract to Ancom Communications, Inc. to procure and install
a bidirectional antennae system in the newly remodel City Hall / Police Campus.
I. It was recommended to approve the transfer of a Utility Division vehicle to the Streets Division
and authorize the purchase of a replacement utility vehicle using Equipment Revolving Funds.
J. It was recommended to approve the final payment for Contract 18-01(2018 Street
Revitalization) in the amount of $112,989.84 to Bituminous Roadways, Inc., and accept the
improvements for perpetual City maintenance subject to warranty provisions.
K. It was recommended to approve the final payment for Contract 18-07 (Ponds LP -26.3 and LP -
26.5 — Water Quality Improvements) in the amount of $169,138.47 to Peterson Companies, Inc.,
and accept the improvements for perpetual City maintenance subject to warranty provisions.
L. It was recommended to approve Change Order No. 2 for Contract 18-12 (Central Maintenance
Facility Security Improvements), and authorize the Mayor and City Clerk to execute all related
documents.
M. It was recommended to approve a Cooperative Construction Agreement with Minnesota
Department of Transportation (MnDOT) and Dakota County Transportation Department for
Cedar Avenue (Highway 77), and Cliff Road (CSAH 32) Bridge Improvements.
N. It was recommended to receive the petition to vacate drainage and utility easements on Lot 1,
Block 1, Prowire Addition (4101 Nicols Road), and schedule a public hearing to be held on
December 4, 2018.
0. It was recommended to approve the Final Plat (Yankee Plaza 2nd Addition) of surplus right-of-
way at Duckwood and Federal Drives.
P. It was recommended to approve a 60 -day extension of time to record the Planned Development
Agreement for Raising Cane's, upon approximately 0.85 acres located at 1525 Central Parkway,
legally described as Lot 1, Block 1, Yankee Doodle Professional Building 2"d Addition.
Q. It was recommended to approve a resolution to accept donations from the Eagan 50+ Senior
Program participants, Walmart and Lifetime Fitness.
A member of the public requested Consent Item E - APPROVE a Joint Powers Agreement with Dakota
County and the Dakota County Drug Task Force for Pharmaceutical Drug Disposal Program, be pulled for
further comment. Police Chief New provided additional information on the item.
Councilmember Bakken moved, Councilmember Fields seconded a motion to APPROVE a Joint Powers
Agreement with Dakota County and the Dakota County Drug Task Force for Pharmaceutical Drug
Disposal Program. Aye: 5 Nay: 0
City Council Meeting Minutes
November 5, 2018
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PUBLIC HEARINGS
Final Assessments for Project 1260 - Evergreen Park Addition Street Improvements,
Project 1261— Wilderness Run 4th, 51h, & 6th Additions Street Improvements,
Project 1262 — Donnywood Street Improvements,
Project 1263 — Discovery Road & Columbia Drive Street Improvements,
Project 1265 — Blue Gentian Road & Blue Water Road Street Improvements
Public Works Director Matthys gave an overview of Projects 1260, 1261, 1262, 1263, and 1265. He
noted the Final Assessment Rolls were presented to the City Council on October 2, 2018, with public
hearings scheduled for November 5, 2018, to formally present the final costs associated with these
public improvements to the affected benefitting properties.
Mayor Maguire opened the public hearings. Marilyn Westphal, 3157 Doneene Lane, noted her
development is on a private road and responsible for their own maintenance and asked the Council to
consider a reduction in their assessments. Public Works Director Matthys responded to her question.
There being no further public comment, Mayor Maguire turned the discussion back to the Council.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to close the public hearings
and approve the Final Assessment Rolls for Project 1260 - Evergreen Park Addition, Project 1261—
Wilderness Run 4th, 5th, & 6th Additions, Project 1262 — Donnywood, Project 1263 — Discovery Road &
Columbia Drive, Project 1265 — Blue Gentian Road & Blue Water Road, and authorize their certification
to Dakota County for collection. Aye: 5 Nay: 0
There was no old business to be heard.
OLD BUSINESS
NEW BUSINESS
Conditional Use Permit — 645 Woodland Way / Mark Hauri,
MH3 Design Group LLC
City Administrator Osberg introduced the item noting the property is within the Shoreland Overlay
District of Holz Lake. The Council is being asked to consider a Conditional Use Permit to exceed 25%
impervious surface coverage in a Shoreland Overlay District on a residential lot.
City Planner Ridley gave a staff report and provided a site map.
Mark Hauri, MH3 Design Group, was available for questions.
The Council discussed the Conditional Use Permit.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
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November 5, 2018
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Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Conditional Use
Permit to exceed 25% impervious surface coverage in a Shoreland Overlay District on a residential lot
located at 645 Woodland Way, subject to the following conditions: Aye: 5 Nay: 0
1. This Conditional Use Permit (CUP) shall be recorded at Dakota County within 60 days of
approval by the City Council with the following exhibit:
• Site Plan dated October 3, 2018
2. The impervious surface of this lot shall not exceed 34.9% per the Site Plan dated
October 3, 2018.
3. Prior to release of the CUP for recording, the applicant shall provide a $1,000 escrow deposit to
be used solely for reimbursement of City staff inspections of the critical installation stages for
the Stormwater Infiltration System
4. The applicant shall also provide a separate $3,000 Stormwater Management System
Performance Guarantee to be held until the installed Stormwater Infiltration System has
sufficiently demonstrated stormwater retention and infiltration performance as intended, after
several rain events of approximately 1 -inch per event.
The sub -surface stormwater infiltration system shall be designed and constructed to capture a
minimum of 100% of the runoff from a 1% frequency, 24-hour event (7.47"), from the parcel's
excess impervious surfaces (over 25% impervious coverage), with complete drain -down within
24 -hours after completion of a rain event. Inspection ports must be provided within the rock
infiltration system to be able to physically inspect and measure drain -down and infiltration
performance. Details of the piping conveyance system, including specific elevations of pipe and
catch -basin inverts, must be provided to the City for review prior to release of a permit, to
demonstrate that the system will perform as intended for adequately conveying water from the
impervious drainage areas to the underground infiltration system.
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 any proposed infiltration area,
extending a minimum of 10 -feet below the bottom of a proposed infiltration feature with
continuous sampling, to evaluate and ensure suitability for infiltration/percolation, including
measurements for depths to saturated soils. If the soil boring logs indicate incompatibility of
existing sub -soil percolation, 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.
7. The existing swale in the applicant's rear yard must be maintained to allow adequate drainage
in a manner acceptable to the City Engineer.
8. The sub -surface rock infiltration system shall be installed according to applicable guidelines in
the State of Minnesota and City of Eagan Engineering Standards. During construction steps, the
applicant shall provide notification to the City, with minimum of 24-hour notice, for inspection
at critical construction stages (completion of over -excavation, prior to any backfilling around
City Council Meeting Minutes
November 5, 2018
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any piping and catch -basins, prior to backfilling rock into the infiltration system, prior to
placement of any sod or other landscaping, etc.). City time involved in project inspection shall
be withdrawn from the applicant's project escrow.
9. As -built drawings and capture volume measurements shall be provided to the City that verify
minimum storage volume requirement is being met.
10. The applicant shall enter into a long-term stormwater facility inspection and maintenance
agreement, detailing the maintenance required to maintain proper operation and performance
of the stormwater management system, in a form acceptable to the City Attorney, to be filed in
the property records with Dakota County Recorder's Office, at the applicant's expense.
11. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide to
the City a Grading, Drainage & Utilities Plan Sheet that details grading areas and elevations,
including the existing swale relocation, and the details of the underground stormwater rock
infiltration area and feeder pipe/catch-basin system details and elevations, to demonstrate that
the system will be able to receive stormwater from the intended impervious drainage area as
well as provide a backyard Swale function for upstream properties.
12. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide to
the City an Erosion Control Plan Sheet that provide sufficient details and notes for perimeter
controls, maintaining stabilized drainage pathway for upstream properties during grading
activities, and requires city inspection of erosion -control prior to starting grading operations.
13. The applicant shall transition the sod areas north of the pool to native and pollinator friendly
plantings.
Comprehensive Guide Plan Amendment, Preliminary Subdivision, Rezoning, Preliminary
Planned Development— Lexington Flats / Chris Stokka, MWF Properties
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. The Council
is being asked to consider a Comprehensive Guide Plan Amendment, a Preliminary Subdivision to create
two lots upon approximately 16 acres, a Rezoning from T, Transitional and 1-1, Limited Industrial to PD,
Planned Development, and a Preliminary Planned Development to allow a 4 -story 50 -unit multi -family
residential development.
City Planner Ridley gave a staff report and provided a site map.
Chris Stokka, MWF Properties, gave a presentation on the proposed development and was available for
questions.
Councilmember Bakken moved, Councilmember Fields seconded a motion to implement a
Comprehensive Guide Plan Amendment to change the land use designation from 0/S (Office/Service)
and 1-1 (Limited Industrial) to HD (High Density residential) upon approximately 1.26 acres located at
2977, 2981, 2985, and 2935 Lexington Avenue, northwest of the intersection of Lexington Avenue and
Lone Oak Road.
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November 5, 2018
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Mayor Maguire opened the public comment. Steve Melcher, 1347 Chatterton Road, and Kathleen
Groettum, 1604 Clemson Drive, representing Metropolitan Interfaith Council on Affordable Housing
(MICAH), expressed support for the development. Jennifer Fraham, co-owner of the property, stated
her support for the development. There being no further public comment, Mayor Maguire turned the
discussion back to the Council.
The Council discussed procedural aspects of the Comprehensive Guide Plan Amendment. There was
also discussion regarding the applicant's intention to provide affordable housing. After further
discussion it was the consensus of the Council to continue the item to the November 20, 2018 City
Council meeting to allow the Preliminary Planned Development Agreement to be drafted and to include
a condition regarding affordability.
Mayor Maguire moved, Councilmember Hansen second the motion to continue the Comprehensive
Guide Plan Amendment, Rezoning, Preliminary Planned Development and Preliminary Subdivision to the
November 20, 2018 regular City Council meeting. Aye: 5 Nay: 0
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
ADMINISTRATIVE AGENDA
CITY COUNCIL
Mayor Maguire encouraged residents to vote tomorrow.
There were no visitors to be heard.
VISITORS TO BE HEARD
ADJOURNMENT
Councilmember Bakken moved, Councilmember Tilley seconded a motion to adjourn the meeting at
8:20 p.m. Aye: 5 Nay: 0
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Mayor
City Clerk