05/07/2019 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
MAY 7, 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, and Hansen. Councilmember Tilley was absent.
A regular meeting of the Eagan City Council was held on Tuesday, May 7, 2019 at 6:30 p.m. at the Eagan
Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, and Hansen.
Councilmember Tilley was absent. Also present were City Administrator Osberg, Assistant City
Administrator Miller, Public Works Director Matthys, Community Development Director Hutmacher, City
Planner Ridley, Communications and Engagement Director Ellickson, Parks and Recreation Director
Pimental, Finance Director Pepper, Police Chief New, Fire Chief Scott, City Clerk Scipioni, City Attorney
Dougherty and Executive Assistant Stevenson.
AGENDA
Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve the agenda as
presented. Aye:4 Nay:0
RECOGNITIONS AND PRESENTATION
Recognize Officer Mike Reuss for his Twenty -Two Years of Service to the Citizens of Eagan
Police Chief New recognized Officer Mike Reuss for his twenty-two years of service to the citizens of
Eagan and presented him with a plaque in appreciation of his service.
CONSENT AGENDA
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the consent
agenda as presented: Aye: 4 Nay: 0
A. It was recommended to approve the minutes of April 16, 2019 regular City Council meeting, as
presented or modified.
B. Personnel Items:
1. It was recommended to accept the resignation/retirement of Carol Tumini, Licensing/Office
Support Specialist.
2. It was recommended to approve the reorganization in the City Clerk's Office. This
reorganization includes reclassifying the confidential Office Support Specialist and
authorizing the elimination of the Licensing/Office Support Specialist, currently represented
by the Teamsters Local 320.
3. It was recommended to approve the hiring of Derek Qualle, Building Inspector.
4. It was recommended to accept the resignation of Amy Wagner, Clerical Tech 4, assigned to
Central Services and authorize the reclassification of the position from Clerical Tech 4,
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May 7, 2019
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represented by the Teamsters Local 320 to a confidential non union Administrative
Assistant, and authorize the recruitment and candidate selection for the new position.
5. It was recommended to ratify the 2019-2020 collective bargaining agreement between the
City of Eagan and Teamsters Local 320 —Clerical Unit.
6. It was recommended to accept the resignation/retirement of Leon Weiland, Construction
Inspector, and authorize the recruitment and replacement of this position.
7. It was recommended to approve the hiring of Caya Wollman, Water Resources Intern.
8. It was recommended to approve the hiring of Koehl Simmons, Planning Intern.
9. It was recommended to approve the promotion of Jason Marshall from Firefighter to
Captain.
10. It was recommended to approve the status change of Cynthia Enfield from Part Time
Firefighter to Full Time Firefighter.
11. It was recommended to accept the resignation/retirement of Gregg Hove, Forestry
Supervisor.
12. It was recommended to approve the hiring of seasonal and part-time recurring, non -benefit
eligible employees as Deck Coordinator, Fitness Instructors, Forestry Technician, Landscape
Crew, Park Laborer, Park Maintenance Worker and Utility Maintenance Worker.
13. It was recommended to accept the resignation of seasonal and part-time recurring, non -
benefit eligible employees as Fitness Instructors and Part Time Firefighter.
C. It was recommended to ratify the check registers dated April 12, 19, and 26, 2019.
D. It was recommended to approve the ordinary and customary contracts with MNSPECT, LLC,
Joseph W. Hulbert and Heather A. Kleimola-Hulbert, James E. Swanson and Joan E. Swanson,
Daniel L. Van Sloun, Legacy Creative Images, Driscoll's, Burlesque Public Works Division, and
Dakota County.
E. It was recommended to cancel the July 9, 2019 Special City Council meeting.
F. It was recommended to schedule a Special City Council meeting for 5:30 p.m. on Tuesday,
October 29, 2019 at Eagan Fire Station #1, 4200 Blackhawk Road.
G. It was recommended to approve a transfer of $30,000 from the Community Investment Fund to
the Fire Station 1 Capital Projects Fund.
H. It was recommended to approve a contract with AVI Systems, Inc. to procure and install ETV
broadcast equipment and cabling for the Eagan Room, Council Chambers and Master Control.
I. It was recommended to approve a resolution adopting and authorizing implementation of the
performance measures developed by the Council on Local Results and Innovation.
J. It was recommended to proclaim May 2019 as Building Safety Month and authorize the Mayor
and City Clerk to execute all related documents.
K. It was recommended to proclaim May 5 through May 11, 2019 as Drinking Water Week and
authorize the Mayor and City Clerk to execute all related documents.
L. It was recommended to proclaim May 19 through May 25, 2019 as Public Works Week and
authorize the Mayor and City Clerk to execute all related documents.
M. It was recommended to proclaim June 2019 as Eagan Lakes Appreciation Month and authorize
the Mayor and City Clerk to execute all related documents.
N. It was recommended to approve the final payment for Contract 18-11(2018 City-wide Sewer
Lining — Sanitary Sewer Improvements) in the amount of $7,931.24 to Insituform Technologies
USA, Inc. and accept the improvements for perpetual City maintenance subject to warranty
provisions.
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O. It was recommended to approve a resolution to temporarily extend the licensed premise of the
On -Sale Taproom License issued to Bald Man Brewing, Inc. on June 1, 2019 at 2020 Silver Bell
road Suite 25.
P. It was recommended to approve a Consumption and Display Permit with Sunday sales for Bald
Man Brewing Inc. doing business as Bald Man Brewing at 2020 Silver Bell Road Unit 25.
Q. It was recommended to approve the plans and specifications for Contract 19-09 (2019 Trail &
Parking Lot Improvements) and authorize the advertisement for a bid opening to be held at
10:30 a.m. on Thursday, June 14, 2019.
R. It was recommended to receive the bids for Contract 19-17 (Murphy Parkway Sanitary Lift
Station Rehabilitation) and award a contract to MN Mechanical Solutions for the base bid in the
amount of $229,800.00 and authorize the Mayor and City Clerk to execute all related
documents.
S. It was recommended to receive the bids for Contract 19-26 (Yankee Doodle Road/Surrey Heights
Drive/Donald Avenue — Water Main Replacement) and award a contract to Minger Construction
Companies, Inc. for the base bid in the amount of $115,720.00 and authorize the Mayor and City
Clerk to execute all related documents.
T. It was recommended to authorize a variance to the Construction Activity Noise Regulations to
exempt McNamara Contracting, Inc. from May 8 to May 31, 2019, to enable the ability to work
24 hours per day for the completion of the mill and overlay, signal modifications, pedestrian
improvements and related work on Yankee Doodle Road between Highway 13 and Pilot Knob
Road.
U. It was recommended to approve a Joint Powers Agreement with Scott County Transportation
Department for Fleet Maintenance Software and authorize the Mayor and City Clerk to execute
all related documents.
V. It was recommended to receive the petition to vacate a portion of the platted drainage and
utility easements, utility line easement, water main easement and service road easement lying
within that part of Lot 2, Block 1, Cedar Industrial Park (1950 Seneca Road), including Document
No. 404398, and schedule a public hearing to be held on June 4, 2019.
W. It was recommended to receive the petition to vacate a portion of the slope, drainage and utility
easements over, under and across Outlot 1, YMCA 1st Addition, including Document No. 659663,
and schedule a public hearing to be held on June 4, 2019.
X. It was recommended to approve a recommendation from the Advisory Parks and Recreation
Commission on the naming of a pocket park located at Beecher Drive and Blackhawk Road to be
named Beecher Drive Pocket Park.
Y. It was recommended to defer the City's Metropolitan City Entitlement Status and adopt a
resolution authorizing participation in the Dakota County Urban County designation for CDBG,
HOME, and ESG funding for federal fiscal years 2020 through 2022.
Z. It was recommended to approve a Final Plat to create one lot located at 1436 Lone Oak Road.
AA. It was recommended to approve a Final Plat to create one lot at 4730 Dodd Road.
BB. It was recommended to acknowledge revisions to the Repurchase Agreement for the sale of Lot
1, Block 1, Yankee Plaza 2"d Addition.
CC. It was recommended to approve a resolution to accept a donation from the Eagan Citizens'
Crime Prevention Association.
DD. It was recommended to approve a temporary on -sale liquor license for the Twin Cities Goodtime
Softball League's North Star Classic on May 25 and May 26, 2019 at Northview Park, 980
Northview Park Road and Lexington/Diffley Athletic Fields, 4201 Lexington Avenue.
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EE. It was recommended to approve an Off -Sale 3.2 Percent Beer License for Kowalski Companies
LLC doing business as Kowalski's Eagan Market, 1646 Diffley Road.
FF. It was recommended to approve a temporary on -sale liquor licenses and waive the license fees
for Caponi Art Park on June 15, July 20 and August 24, 2019 at 1220 Diffley Road.
GG. It was recommended to accept the resignation of Energy and Environment Advisory Commission
member Greg Oxley.
APPOINTMENT OF ADVISORY COMMISSION MEMBERS
City Administrator Osberg introduced the item noting before the Council is consideration to appoint
members to the City Council's advisory commissions. Osberg noted with one Councilmember absent,
the Council has the choice to go ahead and appoint members or table the item to a future Council
meeting.
It was the consensus of the Council to table the item to the May 21, 2019 City Council meeting.
Councilmember Fields moved, Councilmember Bakken seconded the motion to table the appointment
of advisory commission members to the May 21, 2019 City Council meeting. Aye: 4 Nay: 0
There were no public hearings to be heard.
PUBLIC HEARINGS
OLD BUSINESS
There were no old business items to be heard.
NEW BUSINESS
Planned Development Amendment — Northwoods Entertainment dba Emagine
City Administrator Osberg introduced the item noting the applicant proposes to renovate the existing
20 -year-old theater at 2055 Cliff Road. The action to be considered is a Planned Development
Amendment to add liquor service and modify the interior and exterior of the existing theater including
the addition of axe throwing as an indoor recreation use, allow 3 new buildings with on -sale liquor and
outdoor patio dining, and a new pylon sign.
City Planner Ridley gave a staff report and provided a site map.
Dennis Cornelius, AMCON, representing Emagine, summarized the Planned Development Amendment
request.
Jon Goldstein, applicant, was available for questions.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the City Council.
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The Council discussed the Planned Development Amendment request.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Planned
Development Amendment to add liquor service and modify the interior and exterior of the existing
theater including the addition of axe throwing as an indoor recreation use, allow 3 new buildings with
on -sale liquor and outdoor patio dining, and a new pylon sign on approximately 10 acres located at 2055
Cliff Road, subject to the following conditions as amended: Aye: 4 Nay: 0
A Planned Development Agreement shall be executed and recorded against the property at the
Dakota County Recorder's office. The PD Amendment Agreement shall contain the following
plans:
• Site Plan
• Building Elevations
2. A Final Planned Development Agreement shall be required for each of the new buildings as it
develops. The following plans are required for each Final Planned Development Agreement and
shall be consistent with the Preliminary Planned Development.
• Final Site Plan
• Final Building Elevations
• Final Landscape Plan
• Final Signage Plan
• Final Lighting Plan
• Final Amenities Plan
3. The Applicant shall demonstrate that stacking for at least five vehicles is provided for each drive-
through service lane at the time of Final Planned Development.
4. For each outdoor dining area, a detailed patio seating plan shall be provided at the time of Final
Planned Development. All outdoor dining areas shall be designed and operated consistent with
City Code standards, including:
a) Outdoor dining areas shall beset back a minimum of 20' from public rights-of-way and
from internal private streets.
b) Outdoor dining areas shall not interfere with any pedestrian traffic or walkways intended
for the general public.
c) Outdoor dining areas shall be enclosed by a fence if seating is provided for more than 24,
or if alcoholic beverages are served within the outdoor dining area.
d) All sewer availability charges imposed as a result of additional seating in the outdoor
dining area shall be paid prior to the operation of any business within the outdoor dining
area.
5. The applicant shall provide for a parking/pavement setback from right-of-way on Parcel 2,
consistent with alternate Site Plan, submitted May 2, 2019, presented to the Council.
6. The applicant shall demonstrate the reduction in the theater seating has been accomplished
prior to issuance of any Building Permit for a new building.
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7. The Applicant shall provide attached or indoor trash storage area for all three new buildings
consistent with City Code standards, to be confirmed at the time of Final Planned Development.
8. Cross -easements or a declaration agreement for shared use of parking shall be provided to allow
for the best utilization of available parking among the parcels as demand for different uses
fluctuates throughout the day and week.
9. With the first Final Planned Development, a more specific palette of materials should be
provided that can be applied to all three new buildings to provide a unified architectural theme.
10. The applicant shall demonstrate compliance with screening standards for both rooftop and
ground mechanical equipment at the time of Final Planned Development.
11. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City
Code.
12. A cross -easement or declaration agreement allowing for shared signage shall be provided at the
time of subdivision or Final Planned Development.
13. Signage for the three new buildings shall be subject to City Code standards, with specific plans
provided at the time of Final Planned Development.
14. The applicant shall obtain a Sign Permit prior to installation of any signs.
15. A Master Landscape Plan for the entire site shall be provided at the time of subdivision or with
the first Final Planned Development to ensure cohesiveness throughout the site.
16. Existing healthy mature trees around the perimeter of the site shall be preserved to the extent
possible. In addition to the prohibited trees listed in the ordinance, Ash trees shall not be part
of the new Landscape Plan, and any existing Ash trees on the site shall be replaced.
17. The City's Tree Preservation Ordinance applies to new building construction in any zoning
district. A Tree Inventory and Preservation Plan shall be provided at the time of subdivision or
Final Planned Development.
18. Tree mitigation, if any, shall be provided in accordance with City Code standards.
20. A site lighting scheme shall be established with the first Final Planned Development that can be
used consistently throughout development of the three new parcels.
21. Site lighting shall be provided as is necessary for security, safety and site circulation. The source
of light shall not be visible from off the property. All site lighting shall strive to achieve
minimum illumination of 0.5 fc throughout the site, maximum illumination at property lines of
1.0 fc, and an average to minimum ratio of not more than 4.0 fc.
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22. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
23. 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.
24. 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.
25. 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.
26. 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, compaction testing and soil organic content test results) shall be provided to City
Water Resources staff to verify approved soil management strategy compliance.
27. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide to
the City a minimum of three soil boring logs within the footprint of each proposed stormwater
treatment area, extending a minimum of 10' below the bottom of the proposed stormwater
treatment feature with continuous sampling, to evaluate and ensure suitability for infiltration or
filtration, including depth to saturated soils. If the soil boring logs indicate incompatibility of
existing sub -soil permeability, or shallow groundwater conflict, with the submitted and reviewed
design plans for meeting volume control requirements, the applicant shall plan for filtration and
upsizing as needed to achieve a minimum of 80% total phosphorus reduction across the site,
prior to discharge off-site, to the satisfaction of the City Engineer.
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28. The applicant shall provide underground stormwater infiltration/filtration system details,
including that a) no geosynthetic fabric will be installed below the chambers, with the exception
of any isolator row and the sides and top of the underground system, b) sub -soils shall have
appropriate composition and minimal compaction to ensure adequate infiltration capability; c)
no limestone material is allowed beneath, between or immediately on top of the chamber
system, d) 10 -inch minimum diameter inspection ports will be provided on all chamber rows,
and e) physical access via manhole will be provided to the isolator row for inspection and
maintenance.
29. 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, any stormwater treatment 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.
30. 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.
31. 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 meeting City
requirements for as -built standard submittals that demonstrate that all constructed stormwater
conveyance structures, stormwater management facilities (sump(s), pipe galleries, 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 pond and
infiltration basin. Video of final inspection of clean underground pipe gallery system and
contributing storm sewer shall be provided to the City Engineer. 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.
32. The applicant shall perform a traffic analysis at each of the three public street access's
prior to Final Subdivision and/or Final Planned Development approval, or issuance of
Building Permit on parcels 1, 2 and 3, in a form acceptable to the City Engineer, and
implement traffic mitigation as the Council reasonably determines to be necessary.
33. This development shall incorporate any site improvements necessary to maintain
acceptable Levels of Service, in a manner acceptable to the City Engineer.
34. The existing sidewalk connection to the Rahn Park to the north shall be retained and a clear
pedestrian connection made to the proposed new development on Parcel 3.
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35. At the time of subdivision, the applicant shall provide proof of ingress & egress easements and
shared parking agreements in a form acceptable to the City Attorney.
36. Park dedication shall be due for the new lots resulting from subdivision. The 2019 Park
Dedication rate is $939 per 1,000 sf of building area, and the amount payable will be due at the
time of Building Permit.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
ADMINISTRATIVE AGENDA
CITY COUNCIL
Councilmember Hansen noted he attended the South Metro Water Forum on Saturday, May 4 at the
School of Environmental Studies. Hansen recognized and acknowledged Water Resources Manager Eric
Macbeth for his excellent presentation on Eagan's practices to protect water quality.
DIRECTOR OF PUBLIC WORKS
Director of Public Works Matthys noted May 5-11 is Drinking Water Week.
DIRECTOR OF COMMUNITY DEVELOPMENT
Director of Community Development noted the month of May is Building Safety Month.
There were no visitors to be heard.
VISITORS TO BE HEARD
ADJOURNMENT
Councilmember Hansen moved, Councilmember Fields seconded a motion to adjourn the meeting at
7:40 p.m. Aye: 4 Nay: 0
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Mayor
City Clerk