07/16/2019 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
JULY 16, 2019
No Listening Session was held on July 16, 2019.
A regular meeting of the Eagan City Council was held on Tuesday, July 16, 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, City Planner Schultz, Parks and Recreation Director Pimental, Police Chief New, and City
Attorney Dougherty.
AGENDA
Mayor Maguire noted typically "Visitors To Be Heard" is held at the end of the Council meeting, but
tonight he is proposing be moved to the beginning of the meeting.
Mayor Maguire moved, Councilmember Fields seconded a motion to approve the agenda as amended.
Aye:S Nay:O
VISITORS TO BE HEARD
Mayor Maguire gave a brief introduction and touched on the public participation guidelines.
The following individuals addressed the Council with their concerns regarding the officer -involved
shooting of Isak Aden and asked to have the evidence released: Jaylani Hussein, CAIR-MN Executive
Director; Sumaya Aden, Sister of Isak Aden; Michelle Gross, President, Communities United Against
Police Brutality; Badrudin Aden, Brother of Isak Aden; Mel Reeves; Monique Cullars-Doty;
Susan Samaha; Liz Ryer; Loretta Van Pelt, Organizer with the Twin Cities Coalition for Justice 4 Jamar and
Sandra Simonson. There were several other individuals that also spoke at the podium.
Mayor Maguire thanked everyone for coming out tonight and for sharing their thoughts and concerns
with the Council. He noted the Council understands the community has questions, and it is a shared
goal for the Council to get answers to those questions as quickly as possible.
Mayor Maguire closed the Visitors to be Heard and moved into the regular City Council meeting.
RECOGNITIONS AND PRESENTATION
There were no recognitions and presentations to be heard.
CONSENT AGENDA
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the consent
agenda as presented: Aye: 4 Nay: 0
City Council Meeting Minutes
July 16, 2019
2 page
A. It was recommended to approve the minutes of July 2, 2019 regular City Council meeting, as
presented or modified.
B. Personnel Items:
1. It was recommended to approve the hiring of Jessica Roschen, Administrative Assistant, in
City Clerk's office.
2. It was recommended to approve the hiring of Amy Redding, Code Enforcement.
3. It was recommended to approve the status change of Ceasar Page from full-time to part-
time ECC Custodial and authorize replacement of a full-time Custodial position.
4. It was recommended to approve the promotion of Adam Schneible, Parks Maintenance to
Forestry Supervisory and authorize replacement of the Parks Maintenance position.
C. It was recommended to ratify the check registers dated June 28 and July 5, 2019.
D. It was recommended to approve the ordinary and customary contract with Dakota County
Community Development Agency, Paul of 7, Ricky L. Gustafson and Kim D. Gustafson, and Pitney
Bowes, Inc.
E. It was recommended to approve an Event Staffing Agreement with Minnesota Vikings Football,
LLC, and authorize the Mayor and City Clerk to execute all related documents.
F. It was recommended to approve Estoppel Agreements for participation in the three different
solar gardens that have previously been contracted to provide solar generated power to supply
Central Park and Eagan Community Center property.
G. It was recommended to approve a Wetland Replacement Plan Application from Viking Lakes
(NW Parcel).
H. It was recommended to approve an Encroachment Agreement for property at 4824 Shevlin
Court.
I. It was recommended to approve a Cooperative Construction Agreement with the Minnesota
Department of Transportation, Dakota County Transportation Department for existing traffic
signals on the 1-35E entrance and exit ramps at Lone Oak Road (CSAH 26), Yankee Doodle Road
(CHAS 28) and Pilot Knob Road (CSAH 31).
J. It was recommended to approve a Joint Powers Agreement with the Dakota County
Transportation Department for Traffic Control Signal Systems Revisions at Lone Oak road (CSAH
26), Yankee Doodle Road (CSAH 28), Pilot Knob Road (CSAH 31) and Lexington Avenue (CSAH 43)
and authorize the Mayor and City Clerk to execute all related documents.
K. It was recommended to approve a request to Manage Vegetation (invasive plant control and
native plant restoration) within a Conservation Easement on property identified as Lots 1 & S,
Block 1, Gustafson Addition.
L. It was recommended to approve a modification to the Conditions of Approval for the Recycle
Zone Planned Development Amendment.
M. It was recommended to approve an Amendment to the Planned Development Agreement for
Fairfield Inn & Suites, for Lot 2, Block 1, Cedar Grove Parkway 4t" Addition.
N. It was recommended to approve a one-year extension of Preliminary Subdivision approval for
Haven Woods to create 10 single-family lots upon approximately 5.25 acres located southwest
of Dodd Road and Elrene Road.
0. 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 August 23 and 24, 2019 at 2020
Silver Bell Road Suite 25.
P. It was recommended to approve a resolution to temporarily extend the licensed premise of the
On -Sale Liquor License issued to Final Final Brewing Co., LLC doing business as Union 32 Craft
House on August 1 to 5, 2019 at 2864 Highway 55.
City Council Meeting Minutes
July 16, 2019
3 page
PUBLIC HEARINGS
Lot 2, Block 1, Eagan Senior Living — Easement Vacation
Public Works Director Matthys introduced the item noting the drainage easement is in the southeast
corner of Lot 2, Block 1, Eagan Senior Living. The purpose of the request is to allow the construction of
the senior housing building within the limits of the existing easement.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Fields moved, Councilmember Hansen seconded a motion to close the public hearing
on the vacation of a portion of the drainage easement in the southeast corner of Lot 2, Block 1 Eagan
Senior Living and approve the vacation. Aye: 5 Nay: 0
OLD BUSINESS
There were no old business items to be heard.
NEW BUSINESS
Conditional Use Permit, Preliminary Subdivision and Variance (Sibley Terminal
Industrial Park Third Addition) — Clean Harbors Environmental Services
City Administrator Osberg introduced the item noting the action to be considered is a Conditional Use
Permit to allow outdoor storage upon approximately 6.2 acres, a Preliminary Subdivision to create two
industrial lots, and a Variance to the 5' side yard pavement setback to allow for shared maneuvering and
outdoor storage areas located at 3227 Terminal Drive.
City Planner Schultz gave a staff report and provided a site map. Schultz noted the applicant was not
present.
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 Conditional Use
Permit to allow outdoor storage upon approximately 6.2 acres legally described as Lot 1, Block 1, Sibley
Terminal Industrial Park Second Addition, located at 3227 Terminal Drive, subject to the following
conditions: Aye:5 Nay:0
J. The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office
within 60 days after City Council approval.
2. The outdoor storage areas shall be delineated with pavement markings on the property
to identify the extent of outdoor storage and prevent encroachment of the storage
items into the driving and maneuvering areas.
City Council Meeting Minutes
July 16, 2019
4 page
3. A revised Site Plan showing proof of parking for 6 additional parking stalls shall be
provided prior to release of the Conditional Use Permit for recording.
4. The new building on proposed Lot 2 shall comply with City Code standards for
architectural design and exterior finish materials, to be demonstrated at the time of
Building Permit.
5. Any ground mechanical equipment shall be screened in accordance with City Code
standards.
6. All mechanical equipment and means of screening shall be shown on the plans at the
time of Building Permit.
7. All signage shall comply with City Sign Code standards. A Sign Permit shall be obtained
prior to installation of any signs.
8. Prior to Final Subdivision, a Final Site Lighting Plan shall be prepared with modifications
to provide 0.5 footcandles throughout all parking areas, and to include the existing
lighting and extent of the outdoor storage areas.
9. The Tree Preservation Plan shall be revised to exclude non-significant trees and ash
trees from the Tree Inventory.
10. A screen mesh shall be added to the existing chain link fence that is consistent with
screening on other industrial lots in the area.
11. The storage area shall be surfaced with bituminous asphalt, and the owner shall
maintain all paved surfaces in good condition.
12. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in
accordance with current City standards and codes prior to final subdivision approval.
13. 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. A Phase 1 (during initial
grading) Erosion Control Plan and a Phase 2 Erosion Control Plan shall be included in the
Plan Set.
14. 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.
City Council Meeting Minutes
July 16, 2019
5 page
15. Erosion control measures shall be installed and maintained in accordance with City code
and engineering standards.
16. 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 the water quality equivalency of 1.1" Volume Control
through enhanced filtration for the site's proposed impervious surface area and any
other disturbed soils that are not remediated following an approved Soil Management
Strategy.
17. Prior to receiving city approval to permit land disturbing activity, the applicant shall
revise and clarify plans to include enhanced stormwater filtration system details (e.g.
Iron -Enhanced Sand Filter) 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), effective erosion -control protections at toe
and top of side -slopes during all stages of construction, iron -sand mix
specification/composition/source and estimate mix volume needed based on accepted
calculations for majority capture of dissolved phosphorus and minimum of 20 -year
service life, 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, under -drain installation and soil -media backfilling.
18. 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 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) using Eagan Standard Detail Plate
E231.
19. 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
City Council Meeting Minutes
July 16, 2019
6 page
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.
20. 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. Verify that Landscape Plan does not conflict with this
requirement.
21. Prior to receiving city approval to permit 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.
22. Before the city returns any Stormwater-related Performance Guarantee Securities 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 system, 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 stormwater 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.
23. This development shall provide hydrant spacing and locations in accordance with City
Fire Department and Public Works standards.
24. Any damage to the street, curb and gutter, and boulevard shall be restored in a manner
acceptable to the City Engineer.
25. A 48" sanitary sewer inspection manhole shall be installed at the property line.
26. This development shall consider installation of fiber optic cable, or a conduit for future
installation, in its construction plans at the time of Final Subdivision.
27. A right-of-way permit shall be obtained prior to any work within the right-of-way
(sanitary sewer connection under Terminal Drive).
City Council Meeting Minutes
July 16, 2019
7 page
28. Cross -easements for ingress/egress and shared parking shall be executed in a form
acceptable to the City Attorney, prior to final subdivision approval.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Preliminary
Subdivision to create two industrial lots upon approximately 6.2 acres located at 3227 Terminal Drive,
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, C1, C2, C4, E1, F1, G1, and H1
2. The property shall be platted.
3. The applicant shall provide cross -easement allowing for the shared outdoor storage
areas, in a form acceptable to the City Attorney.
4. The outdoor storage areas shall be delineated with pavement markings on the property
to identify the extent of outdoor storage, and prevent encroachment of the storage
items into the driving and maneuvering areas.
5. A revised Site Plan showing proof of parking for 6 additional parking stalls shall be
provided prior to release of the Conditional Use Permit for recording.
6. The new building on proposed Lot 2 shall comply with City Code standards for
architectural design and exterior finish materials, to be demonstrated at the time of
Building Permit.
7. Any ground mechanical equipment should be screened in accordance with City Code
standards.
8. All mechanical equipment and means of screening should be shown on the plans at the
time of Building Permit.
9. All signage shall comply with City Sign Code standards. A Sign Permit shall be obtained
prior to installation of any signs.
10. Prior to Final Subdivision, a Final Site Lighting Plan shall be prepared and modified to
provide 0.5 footcandles throughout all parking areas, and to include the existing lighting
and extent of the outdoor storage areas.
11. The Tree Preservation Plan shall be revised to exclude non-significant trees and ash
trees from the Tree Inventory.
City Council Meeting Minutes
July 16, 2019
8 page
12. A screen mesh shall be added to the existing chain link fence that is consistent with
screening on other industrial lots in the area.
13. The storage area shall be surfaced with bituminous asphalt, and the owner shall
maintain all paved surfaces in good condition.
14. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in
accordance with current City standards and codes prior to final subdivision approval.
15. 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. A Phase 1 (during initial
grading) Erosion Control Plan and a Phase 2 Erosion Control Plan shall be included in the
Plan Set.
16. 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.
17. Erosion control measures shall be installed and maintained in accordance with City code
and engineering standards.
18. 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 the water quality equivalency of 1.1" Volume Control
through enhanced filtration for the site's proposed impervious surface area and any
other disturbed soils that are not remediated following an approved Soil Management
Strategy.
19. Prior to receiving city approval to permit land disturbing activity, the applicant shall
revise and clarify plans to include enhanced stormwater filtration system details (e.g.
Iron -Enhanced Sand Filter) 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), effective erosion -control protections at toe
and top of side -slopes during all stages of construction, iron -sand mix
specification/composition/source and estimate mix volume needed based on accepted
calculations for majority capture of dissolved phosphorus and minimum of 20 -year
service life, 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, under -drain installation and soil -media backfilling.
City Council Meeting Minutes
July 16, 2019
9 page
20. 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 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) using Eagan Standard Detail Plate
E231.
21. 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.
22. 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. Verify that Landscape Plan does not conflict with this
requirement.
23. Prior to receiving city approval to permit 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.
24. Before the city returns any Stormwater-related Performance Guarantee Securities 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
City Council Meeting Minutes
July 16, 2019
10 page
management facilities (sump, filtration system, 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 stormwater 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.
25. This development shall provide hydrant spacing and locations in accordance with City
Fire Department and Public Works standards.
26. Any damage to the street, curb and gutter, and boulevard shall be restored in a manner
acceptable to the City Engineer.
27. A 48" sanitary sewer inspection manhole shall be installed at the property line.
28. This development shall consider installation of fiber optic cable, or a conduit for future
installation, in its construction plans at the time of Final Subdivision.
29. A right-of-way permit shall be obtained prior to any work within the right-of-way
(sanitary sewer connection under Terminal Drive).
30. Cross -easements for ingress/egress and shared parking shall be executed in a form
acceptable to the City Attorney, prior to final subdivision approval.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Variance to the
5' side yard pavement setback to allow for shared maneuvering and outdoor storage areas for Los 1 and
2, Block 1, Sibley Terminal Industrial Park Third Addition, located at 3227 Terminal Drive, subject to the
following conditions: Aye: 5 Nay: 0
1. If within one year after approval, the variance shall not have been completed or utilized,
it shall become null and void unless a petition for extension has been granted by the
council. Such extension shall be requested in writing at least 30 days before expiration
and shall state facts showing a good faith attempt to complete or utilize the use
permitted in the variance.
2. Cross -easements for ingress/egress and shared parking shall be executed in a form
acceptable to the City Attorney, prior to final subdivision approval.
The storage area shall be surfaced with bituminous asphalt, and the owner shall
maintain all paved surfaces in good condition.
4. The applicant shall provide cross -easement allowing for the shared outdoor storage
areas, in a form acceptable to the City Attorney.
City Council Meeting Minutes
July 16, 2019
11 page
5. The outdoor storage areas shall be delineated with pavement markings on the property
to identify the extent of outdoor storage and prevent encroachment of the storage
items into the driving and maneuvering areas.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
ADMINISTRATIVE AGENDA
CITY COUNCIL
Councilmember Bakken noted, as a member of the Explorers Club, on this date 50 years ago the Apollo
11 launched from Kennedy Space Center and 4 days later we had people on the moon.
Mayor Maguire recognized the recent passing of Martin DesLauriers, Eagan's first Police Chief.
ADJOURNMENT
Councilmember Hansen moved, Councilmember Tilley seconded a motion to adjourn the meeting at
8:15 p.m. Aye: 5 Nay: 0
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