03/05/2019 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
MARCH 5, 2019
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmembers Bakken, Fields, Hansen and Tilley.
A regular meeting of the Eagan City Council was held on Tuesday, March 5, 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, Community Development Director Hutmacher, City Planner Ridley, Finance Director
Pepper, Communications and Engagement Director Ellickson, Assistant Parks and Recreation Director
Flewellen, Police Chief New, Fire Chief Scott, City Attorney Dougherty and Executive Assistant
Stevenson.
AGENDA
Councilmember Hansen moved, Councilmember Tilley 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 Tilley moved, Councilmember Hansen seconded a motion to approve the consent
agenda as presented: Aye: 5 Nay: 0
A. It was recommended to approve the minutes of February 12, 2019 Special City Council minutes,
and February 19, 2019 regular City Council meeting, as presented or modified.
B. Personnel Items:
1. It was recommended to accept the resignation/retirement of Mike Ridley, City Planner, and
authorize the recruitment and replacement of this position.
2. It was recommended to accept the resignation of William Henk, Property
Maintenance/Code Enforcement Specialist and authorize the recruitment and replacement
of this position.
3. It was recommended to authorize the hiring of full-time Police Cadet, Dana Deutmeyer.
4. It was recommended to accept the resignation of part-time, recurring, non -benefit eligible
employee Jenny Williams.
5. It was recommended to approve the hiring of the following part time, recurring, non -benefit
eligible employees as Arena Softball Umpires and a Fitness Instructor.
C. It was recommended to ratify the check register dated February 15 and 22, 2019.
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D. It was recommended to approve the ordinary and customary contracts with Czech Area
Concertina Club, Dakota County CDA, McLeocIUSA Telecommunications Service, LLC, and Argosy
University.
E. It was recommended to approve a resolution to accept donations from Keith Maiz, the
Minnesota Valley In -Fisherman Club and the Eagan Hockey Association.
F. It was recommended to approve a temporary on -sale liquor license for Faithful Shepherd
Catholic School, 3355 Columbia Drive, on April 26, 2019.
G. It was recommended to authorize the purchase of a replacement fire engine from Fire Safety
USA.
H. It was recommended to approve a one-year extension of Preliminary Subdivision approval for
Epic Real Estate Partners LLC to create two lots upon approximately 6.8 acres located at 1276
Town Centre Drive.
I. It was recommended to approve a Final Subdivision (Eagan Senior Living) to create two lots
upon approximately 39 acres located at 3355 Discovery Road.
It was recommended to approve a Final Planned Development for the development of a 4 -story
senior housing facility with a preschool upon approximately 7.9 acres located in the NE quadrant
of Lexington Avenue and Yankee Doodle road.
J. It was recommended to approve the final payment for Contract 16-22 (Vikings Parkway — Street
and Utility Improvements) in the amount of $158,969.10 to Frattalone Companies, Inc. and
accept the improvements for perpetual City maintenance subject to warranty provisions.
K. It was recommended to receive the bids for Contract 19-05 (Pond DP -3 Improvements) and
award a contract to S.M. Hentges for the base bid in the amount of $439,880.30 and authorize
the Mayor and City Clerk to execute all related documents.
L. It was recommended to approve a Construction Services Contracting Agreement with Pautz
Construction Services, Inc., and authorize the Mayor and City Clerk to execute all related
documents.
M. It was recommended to approve the implementation of an Adopt -A -Storm Drain program.
N. It was recommended to approve a Joint Powers Agreement through December 31, 2021 with
Eagan -Inver Grove Heights Watershed Management Organization (EIGHWMO) for watershed -
based funding of grant projects and authorize the Mayor and City Clerk to execute all related
documents.
0. It was recommended to approve the 2018-2019 Master Water Stewards Program Agreement
with Freshwater Society and authorize the Mayor and City Clerk to execute all related
documents.
P. It was recommended to approve the Vulnerability Assessment and Emergency Response Plan
review from SL-Serco and authorize the Mayor and City Clerk to execute all related documents.
Q. It was recommended to approve Change Order #8 for Project 18-06, Police Department and City
Hall Renovation.
R. It was recommended to amend the 201-2023 Parks Capital Improvement Plan budget to allow
for the additional appropriations to cover the construction costs of Project 19-08, Trapp Farm
Park Shelter Building.
S. It was recommended to receive the bid for Contract 19-08 (Trapp Farm Park Building
Construction and Related Site Work); Award the contract to JT Egner Construction for the base
bid amount of $884,200; and authorize the Mayor and City Clerk to execute all related
documents.
T. It was recommended to accept a $103,157.00 Federal High -Intensity Drug Trafficking Grant on
behalf of the Dakota County Drug Task Force.
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U. It was recommended to approve the first amendment to a JPA between Dakota Valley Recycling,
Dakota County, and participating cities for 2019 Waste Abatement Community Funding.
PUBLIC HEARINGS
Lot 1, Block 6, Gardenwood Ponds — Easement Vacation
City Administrator Osberg introduced the item noting on December 14, 2018, City staff received a
petition to consider a vacation of a portion of an existing public drainage and utility easement on
Lot 1, Block 6, Gardenwood Ponds.
Public Works Director Matthys gave a staff report and provided a site map.
The applicant was available for questions.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to Close the public hearing
and approve the vacation of a portion of a public drainage and utility easement on Lot 1, Block 6,
Gardenwood Ponds (825 Bear Paw Trail). Aye: 5 Nay: 0
Lot 1, Block 1, Blue Gentian Corporation Center — Easement Vacation
City Administrator Osberg introduced the item noting on January 18, 2019, City staff received a petition
requesting the vacation of portions of previously recorded easements on Lot 1, Block 1, Blue Gentian
Corporate Center. The purpose of the request is to allow the development of the site for a Costco
warehouse club.
Public Works Director Matthys 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.
Councilmember Hansen moved, Councilmember Fields seconded a motion to close the public hearing
and approve the vacation of drainage and utility easements on Lot 1, Block 1, Blue Gentian Corporate
Center. Aye:5 Nay:0
Certification of Delinquent Utilities
City Administrator Osberg introduced the item noting the action to be considered is to close the public
hearing and approve the final assessment roll for delinquent utility bills an authorize its certification. At
the February 5, 2019 City Council meeting, a public hearing was scheduled for the March 5, 2019 City
Council meeting. Osberg noted the City currently has approximately 802 utility bill accounts with
delinquent balances. The assessable amount of these accounts is $194,700.50.
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Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Tilley moved, Councilmember Hansen 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: 5 Nay: 0
Certify Delinquent Nuisance Abatement Bills
City Administrator Osberg introduced the item noting at the February 5, 2019 City Council meeting, a
public hearing was scheduled for the March 5, 2019 City Council meeting. The City has 7 properties with
delinquent false alarm invoices. The proposed assessment role includes a delinquent refuse removal bill
and assessment for a court-ordered nuisance abatement. The assessable amount of the delinquent
invoices is $4,685.00.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Fields moved, Councilmember Bakken 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: 5 Nay: 0
OLD BUSINESS
Ordinance Amendment Relative to R -IS Bulk Standards — City of Eagan
City Administrator Osberg introduced the item noting at the Joint Advisory Planning Commission (APC)
and City Council Workshop on June 12, 2018, the Council directed the APC to consider revisions to the R -
1S ordinance. The APC discussed the R -1S ordinance at several workshops. At the January 8, 2019
Special City Council meeting, the Council reviewed the proposed changes and directed staff to initiate
the Ordinance Amendment process.
City Planner Ridley gave a staff report and 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 Tilley seconded a motion to approve an Ordinance
Amendment to Chapter 11, Section 11.60, relative to the R -1S Zoning Category Bulk Standards. Aye: 5
Nay: 0
Ordinance Amendment and Fee Schedule Amendments — Micro/Small Wireless
Telecommunication Facilities
City Administrator Osberg introduced the item noting the Council saw this item at their February 12,
2019 Special City Council workshop where an update on the status of micro/small cell wireless antenna
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installations within the public right-of-way by private telecommunication companies within the City's
boundaries was given.
Public Works Director Matthys summarized the proposed ordinance amendment and fee schedule
changes. He noted staff received comments from two telecommunication providers with regards to the
proposed ordinance amendment and fee schedule changes. After staff review, no changes are proposed
to the ordinance language, but there is one change to the fee schedule - staff would suggest allowing
more time to review. With regards to the fee schedule, staff is suggesting under the Small Wireless
Facility the Rental Fee on Collocation on city -owned structure at $270 per year, per facility be removed
from any action this evening.
The Council discussed the proposed amendment and fee schedule.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve Ordinance
Amendments to Chapter 7 — Section 7.06, Public Right -of -Way Regulation for consideration to regulate
telecommunications right-of-way users' installations of micro/small wireless telecommunication
facilities within public right-of-way and direct City Attorney to publish the Ordinance Amendment
summary in the legal newspaper. Aye: 5 Nay: 0
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve amendments to
the 2019 Fee Schedule, Right -of -Way Permit and Management Fees — Small Cell Wireless Facility as
amended. Aye:5 Nay:0
NEW BUSINESS
Planned Development Amendment for The Preserve at Cedar Grove —
Commercial Investment Properties
City Administrator Osberg introduced the item noting this item was before the Council at their February
5, 2018 Council meeting. The Council is being asked to consider approval of a Planned Development
Amendment to remove the restaurant use, increase the number of residential units and other
modifications as noted. The second item for Council consideration is approval of an Amendment to Final
Development Agreement for The Preserve at Cedar Grove, and thirdly to approve an Encroachment
Agreement for the Preserve at Cedar Grove.
City Planner Ridley gave a staff report and provided a site map.
The applicant, Charlie Sullivan, Commercial Invest Properties, was available for questions.
The Council discussed the proposed Planned Development Amendment. Councilmember Bakken noted
his concerns with eliminating the restaurant component from the Planned Development.
Mayor Maguire opened the public comment. There being no public comment he turned the discussion
back to the Council.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Planned
Development Amendment to remove the restaurant use, increase the number of residential units from
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151 to 172, and associated modifications located at 3903 Cedar Grove Parkway, subject to the following
conditions: Aye: 4 Nay: 1 (Bakken)
An Amendment to the Final Planned Development Agreement shall be executed for the
development prior to issuance of a building permit. The following plans are necessary for the
Agreement:
• Final Site Plan
• Final Building Elevations
• Final Landscape Plan
• Final Signage Plan
• Final Site Lighting Plan
2. Trash storage shall be located within the building.
3. The development shall incorporate sound attenuation construction standards in the walk-up
units that have front doors to the public streets in order to achieve at least a 19 dBa reduction in
interior noise levels in such walk-up units.
4. All site lighting shall be shielded and downcast, and illumination consistent with CGD zoning
standards. The mounting height for site lighting shall not exceed the CDG maximum of 20 feet.
5. All primary and secondary materials shall be integrally colored. The cast in place concrete shall
have a decorative treatment that is integral to the material.
6. Consistent interior window treatments shall be provided within the multiple residential building,
for windows that are visible from a public street or open space.
7. A Sign Permit shall be required prior to the installation of all signs, both building mounted and
monument signs.
8. This development shall be allowed one monument sign at the northeast corner of the site (at
Rahn Road and Eagan Outlets Parkway intersection). The monument sign shall be subject to
compliance with the design standards in the City Code, including the minimum 10' setback from
property lines and a location that does not conflict with easements.
9. Building signage shall be consistent with what is shown on the Building Elevations, with the
design and type of sign construction in compliance with City Code standards.
10. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City
Code.
11. Rooftop mechanical units shall be shown on the plans submitted for Building Permit, with
screening provided in accordance with City Code requirements.
12. The applicant shall design, install, and maintain, a landscape monument at the intersection of
Rahn Road and Cedar Grove Parkway, consistent with design of city owned monuments being
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installed in the area along Silver Bell Road, Nicols Road, and cedar Grove Parkway, as shown in
the applicant's entrance monument concept in the landscape plan dated 1/12/18.
13. The applicant shall enter into an encroachment and maintenance agreement for the landscape
monument, in a form acceptable to the City Attorney prior to execution of the Amended Final
Planned Development.
14. Landscaping trees shall be planted in the City right-of-way between the curb and trail along
Cedar Grove Parkway, by the developer, in a manner acceptable to the City Forester, and
consistent with the other developed areas along Cedar Grove Parkway.
15. This development shall satisfy required tree mitigation through the on-site planting of four (4)
Category B trees.
16. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance
with current City standards and codes prior to issuance of Building Permit.
17. 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.
18. All personnel responsible for the construction and management of erosion/ sediment control
devices, and the establishment of vegetation for the development, shall have received
Erosion/Sediment Control site management certification through the University of Minnesota,
or approved equal training as determined by the City Engineer.
19. Erosion control measures shall be installed and maintained in accordance with City code and
engineering standards.
20. 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.
21. The applicant shall be responsible to re -stripe all adjacent streets to accommodate this
development, in a manner acceptable to the City Engineer.
22. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
23. Any construction activities that damage public infrastructure shall be restored or by the
applicant in a manner acceptable to the City Engineer.
24. No entrance monuments or retaining walls shall be allowed within a drainage and utility
easement.
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25. Electrical power shall be extended from the street lighting system to the entrance monument
for future lighting or other needs.
26. The applicant shall enter into an encroachment agreement for the entrance monument to be
located within the drainage and utility easement, in a form acceptable to the City Attorney.
27. The applicant shall provide an easement for the landscape monument at the intersection of
Rahn Road and Cedar Grove Parkway, in a form acceptable to the City Attorney.
28. The applicant shall obtain a right-of-way permit for any work within the right-of-way, and be
responsible to restore the street, curb and gutter, trail/sidewalks, and boulevard in a manner
acceptable to the City Engineer.
29. The applicant shall provide an easement of sufficient size to allow access and maintenance along
the parking garage adjacent to this property, in a form acceptable to the City Attorney.
30. The applicant shall be responsible to repair or reconstruct any pedestrian facility damaged
during construction activities in a manner acceptable to the City Engineer.
31. The applicant shall provide a sidewalk easement over the public sidewalk along the parking
garage, and a trail easement along Cedar Grove Parkway, in a form acceptable to the City
Attorney.
32. The applicant shall relocate the existing MVTA bus stop and construct a concrete pedestrian
area between the trail and curb, in a manner acceptable to the City Engineer.
33. No construction equipment or vehicles shall use the Cedar Grove Parking Garage during
development of this site.
34. All perimeter construction fencing shall be installed a minimum of 5' behind the curb between
Nov. 15 and April 15.
35. No construction staging, or construction activities shall occur in the right-of-way.
36. No lane or shoulder restrictions shall occur on any adjacent roadways without prior approval by
the City Engineer.
37. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide
telecommunications fiber to the premises (FTTP). The applicant shall provide a civil drawing plan
for outside plant (including handholes and conduit path) work as well as an electrical plan for
inside plant work to be reviewed and approved by City staff. This development shall include the
installation of fiber optic cable in its construction plans at the time of Building Permit.
38. The applicant shall install public street lighting, with a style and spacing consistent with the
surrounding corridor, along Cedar Grove Parkway, Rahn Road, and Eagan Outlets Parkway.
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39. The street lighting plans and specifications shall be approved by the City prior to the issuance of
a building permit.
40. The applicant shall install privately owned and maintained pedestrian light bollards, with a
design consistent with the trail lighting along Central Parkway, along the public sidewalk
adjacent to the parking garage.
41. All existing public street lighting wiring shall not be damaged during construction activities. In
the event any damage occurs, repairs or replacement shall be performed in a manner
acceptable to the City Engineer.
42. The applicant shall obtain all outside agency permits as necessary for completion of the site
improvements.
43. Turning movements through both parking lots using the specifications from Eagan's largest fire
truck shall be verified to ensure adequate access through the site.
44. Sight distances shall be maintained at each driveway and street intersection in a manner
acceptable to the City Engineer.
45. To be consistent with State Aid design guidelines, a two foot minimum clear zone shall be
maintained along all public sidewalks and trails, and their cross slope shall not exceed 2%.
46. The existing city owned irrigation at Rahn Road and Cedar Grove Parkway shall be removed
and/or abandoned in a manner acceptable to the City Engineer.
47. The applicant shall be responsible for cash park and trail dedications, payable at the time of
Building Permit at the rates then in effect. The 2019 rate for park dedication is $3,475 per unit;
and the 2019 rate for trail dedication is $1,289 per net acre.
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve an Amendment
to Final Planned Development Agreement for The Preserve at Cedar Grove. Aye: 5 Nay: 0
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve an Encroachment
Agreement for The Preserve at Cedar Grove. Aye: 5 Nay: 0
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
ADMINISTRATIVE AGENDA
CITY COUNCIL
Mayor Maguire gave a shout out and credit to our Public Works and Police Departments for their service
over the month of February, noting it has been a very difficult month with all of the snow, and both have
done a great job of keeping our roads open and safe.
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There were no visitors to be heard.
VISITORS TO BE HEARD
ADJOURNMENT
Councilmember Hansen moved, Councilmember Tilley seconded a motion to adjourn the meeting at
7:22 p.m. Aye: 5 Nay: 0
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