01/02/2019 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
JANUARY 2, 2019
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 Wednesday, January 2, 2019 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, Community Development Director
Hutmacher, City Planner Ridley, Finance Director Pepper, Fire Chief Scott, Lieutenant Speakman, City
Clerk Scipioni, City Attorney Dougherty and Executive Assistant Stevenson.
AGENDA
Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the agenda as
presented. Aye:5 Nay:0
RECOGNITIONS AND PRESENTATION
Oath of Office for Mayor Mike Maguire, Council Member Paul Bakken and
Council Member Gary Hansen
City Clerk Scipioni administered the Oath of Office to Mayor Maguire, Councilmember Bakken and
Councilmember Hansen who were re-elected to four-year terms.
Recognize the Retirement of Bob Brown, Park Maintenance Worker for his
20 years of work with the City of Eagan
Parks and Recreation Director Pimental recognized the retirement of Bob Brown, Park Maintenance
Worker, for his 20 years of service to the Eagan community.
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 December 11, 2018 Special City Council
minutes, and December 18, 2018 regular City Council meeting, as presented or modified.
B. Personnel Items:
1. It was recommended to provide to City Councilmembers the same health insurance benefits
that are offered to full-time City employees, effective January 1, 2019, and to approve the
2019 budget amendment of $5,900 for such health insurance benefits.
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January 2, 2019
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2. It was recommended to authorize the hiring of Joe Ellickson for the position of
Communications and Engagement Director.
C. It was recommended to ratify the check register dated December 14 and 21, 2018.
D. It was recommended to approve the ordinary and customary contracts with United Business
Mail, LeadsOnline LLC, Starry Electric, Inc., and Electric Systems of Anoka.
E. It was recommended to adopt a resolution accepting a $1,000 cash donation from Patricia Judge
in honor of her late husband Gregg and direct the funds to revenue account number 1102.2862
for accounting purposes.
F. It was recommended to approve Change Order #6 for Project 18-06, Police Department and City
Hall Renovation.
G. It was recommended to authorize submittal of the City's Fiscal Year 2019 Community
Development Block Grant (CDBG) application and adopt a resolution approving the funding
application request.
H. It was recommended to approve an On -Sale Liquor and Sunday License for Cielito Lindo
Restaurant, LLP doing business as Cielito Lindo, located at 1891 Silver Bell Road, Suite 1200.
I. It was recommended to receive the draft Feasibility Report for Project 1307 (Lone Oak Circle —
Street Improvements) and schedule a public hearing to be held on February 5, 2019.
J. It was recommended to receive the draft Feasibility Report for Project 1308 (Poppler Lane —
Street Improvements) and schedule a public hearing to be held on February 5, 2019.
K. It was recommended to receive the draft Feasibility Report for Project 1309 (Country Home
Heights — Street Improvements) and schedule a public hearing to be held on February 5, 2019.
L. It was recommended to receive the draft Feasibility Report for Project 1312 (Ridgeview
Acres/Jon Croft Acres—Street Improvements) and schedule a public hearing to be held on
February 5, 2019.
M. It was recommended to receive the draft Feasibility Report for Project 1313 Old Sibley Highway
— Street Improvements) and schedule a public hearing to be held on February 5, 2019.
N. It was recommended to receive the draft Feasibility Report for Project 1314 Meadowland 1St
Addition — Street Improvements) and schedule a public hearing to be held on February 5, 2019.
0. 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.
P. It was recommended to approve an amendment to the Fee Schedule Appendix for the current
Consulting Engineering Contracts for services to be provided in 2019.
Q. It was recommended to approve a temporary On -Sale Liquor license and waive the license fee
for Trinity School at River Ridge on February 2, 2019 at 601 River Ridge Parkway.
R. It was recommended to authorize a Letter in Opposition to proposed State Environmental
Quality Board (EQB) rules change.
S. It was recommended to approve a Planned Development Amendment to allow modifications to
the approved exterior architecture of the Eagan Promenade Planned Development for the
parcel located at 3380 Denmark Avenue.
PUBLIC HEARINGS
There were no public hearings to be heard.
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January 2, 2019
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There was no old business to be heard.
OLD BUSINESS
NEW BUSINESS
Purchase Agreement for the Sale of Lot 1, Block 1, Yankee Plaza 2nd Addition
Located southeast of Duckwood Drive and Federal Drive
City Administrator Osberg introduced the item noting in 2010 the City acquired right-of-way for the
extension of Duckwood Drive and a bridge over Interstate 35E. The action before the Council is to
consider approval of a purchase agreement for the sale of Lot 1, Block 1, Yankee Plaza 2nd Addition
located southeast of Duckwood Drive and Federal Drive.
Community Development Director Hutmacher 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 Bakken moved, Councilmember Fields seconded a motion to approve a Purchase
Agreement for the sale of Lot 1, Block 1, Yankee Plaza 2nd Addition located southeast of Duckwood Drive
and Federal Drive. Aye: 5 Nay: 0
Planned Development Amendment —The House Church
City Administrator Osberg introduced the item noting the property is part of the Mission Hills Planned
Development and contains a 15,530 sf church which was constructed in 1986. The proposal before the
Council is consideration of a Planned Development Amendment to allow expansion of a church.
City Planner Ridley gave a staff report and provided a site map.
The applicant was present and available for questions.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Planned
Development Amendment to allow expansion of a church upon property located at 2024 Rahn Way,
subject to the following conditions: Aye: 5 Nay: 0
I. A Planned Development Amendment Agreement shall be executed, in a form acceptable to the
City Attorney, and recorded against the property with the Dakota County Recorder's office. The
Agreement shall include the following exhibits:
• Site Plan
• Building Elevations Plan
• Landscape Plan
• Site Lighting Plan
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• Signage Plan
2. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City
Code.
3. The trash enclosure shall be a minimum of six feet in height.
4. Screening of rooftop mechanical units shall be provided in accordance with City Code Sec. 11.70,
Subd. 21 .D.12 including:
a. A parapet wall at least 30" in height
b. A physical screen around individual mechanical units
c. Placement of rooftop equipment at least 20 feet from the edge of the building
5. The Building Elevation drawings shall be modified to add some visual relief/interest along the
south and east elevations.
6. A revised Site Lighting Plan shall be provided for the Planned Development Agreement that
achieves a minimum 0.5 fc throughout the parking lots and includes an average to minimum
ratio of not more than 4.0 fc.
7. Prior to issuance of a Building Permit, the applicant shall ensure that the proposed landscape
plan does not interfere with site lighting.
8. 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.
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 and
any other disturbed soils that are not remediated following an approved Soil Management
Strategy.
10. 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 City 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. haul tickets, representative on-site
soil samples, compact 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 receiving City approval to permit land disturbing activity, based on the applicant's
provided soil borings from within the footprint of the two proposed infiltration areas that
indicate restrictive soil layers within 6 -feet of the planned bottom of over -excavation, the
applicant shall revise construction plans to ensure that the underlying restrictive soil layers are
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excavated through, loosened, and clean, washed sand backfill is placed, to ensure sub -soil
percolation, to the satisfaction of the City Engineer.
12. During infiltration system 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 0.9-inche 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 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, 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.
13. 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
detailed infiltration basin cross-section(s), construction sequencing/protection/restoration
notes, details for stable inlets/outlets/emergency overflows, details for under -drains with
upturned elbow outlets for both infiltration/filtration basins, unobstructed inspection/
maintenance access areas to inlets/outlets, soil amendment criteria (minimum of 18 -inch depth
across entirety of basin bottom), 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.).
14. The applicant shall provide adequately sized pre-treated 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 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.
15. 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.
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(s), basins, 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 two infiltration basins. Video of final inspection of clean stormsewer catch -basin system and
contributing stormsewer shall be provided to the City Engineer. The applicant shall submit to the
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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.
17. The building shall be limited to the use of only one water service and meter unless limited by
capacity of the existing service.
18. The applicant shall confirm any tree removal at the time of Building Permit, and work with the
City Forester to provide tree protection during construction any required mitigation.
19. The applicant shall preserve the conservation easement area as undisturbed and the existing
landscaping and berming along the south and southeastern boundary shall remain in place.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
ADMINISTRATIVE AGENDA
There were no administrative agenda items to be heard.
There were no visitors to be heard.
VISITORS TO BE HEARD
ADJOURNMENT
Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 6:55
p.m. Aye:5 Nay:0
D -an. IS al C
Date
Mayor