01/07/2020 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
JANUARY 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, Hansen and Tilley.
Chelsea Staloch, Vincent Salon, addressed the Council regarding parking signage at the shopping center
and possible reconsideration regarding the PD Amendment. City Council and Staff discussed the process
in order to possibly reconsider the request. The Council also discussed the recent federal action to
change the legal purchase age of tobacco to age 21. The Council directed staff to proceed with the City's
drafting of an ordinance amendment to likewise change the age to purchase tobacco to age 21.
A regular meeting of the Eagan City Council was held on Tuesday, January 7, 2020 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayer 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 Schultz, Parks and
Recreation Director Pimental, Communications and Engagement Director Ellickson, Finance Director
Pepper, City Clerk Scipioni, Fire Chief Scott, Deputy Chief of Police Fineran, City Attorney Dougherty and
Executive Assistant Stevenson.
AGENDA
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as
presented. Aye:5 Nay:0
RECOGNITIONS AND PRESENTATION
There were no recognitions and presentation to be heard.
CONSENT AGENDA
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the consent
agenda as presented: Aye: 5 Nay: 0
A. It was recommended to approve the December 10, 2019 Special City Council minutes, and
December 17, 2019 regular City Council minutes as presented or modified.
B. Personnel Items:
I. It was recommended to approve the hiring of Twaune Sanders, FT Custodian at the Eagan
Community Center.
2. It was recommended to approve the promotion of Rebecca Gronewold from GIS Technician
to Engineering Technician and authorize replacement of the GIS Technician position.
3. It was recommended to approve the promotion of Jonathan Moore, Sports Program
Operation Coordinator to Recreation Supervisor.
4. It was recommended to approve the promotion of Charlie Fredericks, Streets Engineering
Technician 1, to Streets Engineering Technician.
C. It was recommended to ratify the check registers dated December 13 and 20, 2019.
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D. It was recommended to approve the ordinary and customary contract with Twin Cities Premium
Outlets, New Horizon Academy, Dakota County Community Development Agency, and
MNSPECT, LLC.
E. It was recommended to approve a transfer from the Community Investment Fund to the
Police/City Hall Remodel Fund in the amount of $468,293.79.
F. Item was removed.
G. It was recommended to approve Change Order for JT Egner Construction Company and
authorize the Mayor and City Clerk to execute all related documents.
H. It was recommended to authorize submittal of the City's FY 2020 Community Development
Block Grant (CDBG) Application and adopt a resolution approving the funding application
request.
It was recommended to approve the First Amendment to Repurchase Agreement for Lot 1,
Block 1, Yankee Doodle Plaza 2nd Addition located southeast of Duckwood Drive and Federal
Drive.
It was recommended to approve Change Order #15 for Project 18-06, Police Department and
City Hall Renovation.
K. It was recommended to approve a resolution amending the Public Works Department's 5 -Year
Capital Improvement Plan (CIP) (2020-2024) to revise various maintenance improvements.
L. It was recommended to approve a letter of support for grant application, in conjunction with
Dakota County Transportation and Independent School District 196, to the Minnesota
Department of Transportation for Safe Routes to School planning assistance in the area of Eagan
High School, Dakota Hills Middle School, and Northview Elementary School.
M. It was recommended to approve an amendment to the Assessment Deferral Agreement for Lot
1, Block 1 Sky View (4900 Dodd Road) for Projects 9058 and 951 and authorize the Mayor and
City Clerk to execute all related documents.
N. It was recommended to schedule a public hearing for January 21, 2020 to consider fees and
charges for 2020 Park Dedication and General Municipal Services and Materials Testing Services.
0. It was recommended to adopt a resolution approving the 2020 Parks and Recreation fees.
P. It was recommended to approve a resolution appointing absentee ballot board judges and
designating them as deputy city clerks for the purpose of administering the March 3, 2020
Presidential Nomination Primary.
Q. It was recommended to approve a resolution to accept a donation from the Dakota Elks.
R. It was recommended to approve an On -Sale Liquor and Sunday License for Olive Garden
Holdings, LLC doing business at The Olive Garden Italian Restaurant.
S. It was recommended to approve an Off -Sale Liquor License for Merwin Liquors Eagan, LLC doing
business as Merwin Liquors, 1278 Town Centre Drive Suite 125.
T. It was recommended to approve Change Order # 7 to AVI Systems, Inc. contract with the City of
Eagan and the City of Burnsville (Cities) to add shipping charges AVI omitted from the original
contract and Change Orders 1, 2, 3, 4, 5 & 6 and raise the contract amount by $9,943.70.
U. It was recommended to schedule a public hearing for February 4, 2020 to receive comment on
the Eagan Police Department's Portable Audio/Video Recorders Policy and intent to purchase
the equipment.
PUBLIC HEARINGS
There were no Public Hearings to be heard.
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January 7, 2020
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OLD BUSINESS
There were no old business items to be heard.
NEW BUSINESS
Interim Use Permit — Viking Lakes
City Administrator Osberg introduced the item noting the Council is being asked to consider an Interim
Use Permit for three years to allow temporary overflow parking on Outlot A, Viking Lakes.
City Planner Schultz gave a staff report and provided a site map.
Steve Poppen, MV Eagan Ventures, LLC was available for questions.
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 an Interim Use
Permit for three years to allow temporary overflow parking on Outlot A, Viking Lakes, subject to the
following conditions: Aye: 5 Nay: 0
The Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the
City, and proof of recording shall be submitted to the City.
2. The permit shall terminate on June 30, 2023.
3. 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.
4. 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.
5. The applicant shall be responsible for installing and maintaining erosion control measures in
accordance with City engineering standards.
6. The development shall be subject to the City's codified land disturbance and erosion control
regulations.
7. All parking lots and drive aisles shall be surfaced with recycled bituminous asphalt or Class 5.
The site shall be subject to periodic review by city staff for adequacy of drivability, dust control,
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and drainage. If the material is determined to be inadequate, the City will require that it be
replaced with bituminous asphalt.
8. All entrances to the parking lots shall be paved within the city right-of-way.
9. All entrances and main drive aisles shall be designed and constructed to accommodate a 45,000 -
pound fire truck.
10. All parking areas shall be properly maintained to prevent deterioration.
11. If no curb and gutter is used for the perimeter of the proposed parking areas, the site will be
subject to periodic review by city staff for adequacy of drainage and containment purposes. If
the lack of curb and gutter is determined to be inadequate, the City will require that concrete
curb and gutter be installed.
12. At the expiration of the IUP, the applicant shall obtain a grading permit from the City and
restore all hard surfaces (parking areas and driveways) back to turf in a manner acceptable to
the City Engineer, with the exception of any areas being actively developed to its ultimate use.
Detailed plans for this grading work shall be prepared and signed by a licensed professional
engineer.
13. The applicant shall be responsible to restore all boulevards, trails, streets, medians, curb and
gutter, irrigation, lighting, and landscaping back to its original condition, in a manner acceptable
to the City Engineer.
14. The applicant shall provide and maintain the temporary stormwater management system for
the temporary parking areas during all phases of construction and use, to provide: effective
temporary basin capacity and sediment containment, reinforced/non-erosive inlets and outlets
for temporary basins, effective conveyance swales, effective surmountable driveway diversion
berms for stormwater runoff using appropriate materials (e.g. asphalt) that will not become
degraded and breached, and other stormwater management measures to fully contain
sediment and prevent sediment discharge from the parking areas into the public stormwater
system, public waterbodies and public streets.
15. The applicant shall provide and maintain erosion control (e.g. erosion control blanket with
appropriate seeding) around all temporary sedimentation basin side -slopes.
16. The applicant shall provide and maintain temporary fencing around all temporary sedimentation
basins and erosion -control blanket areas.
17. Minnesota Wetland Conservation Act Rules (Minn. Rules Ch. 8420) and Eagan's wetland
protection and management regulations (City Code §11.67) shall apply.
18. Grilling and recreational fires are only allowed within designated areas, as approved by the
applicant.
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19. The interim use permit shall be subject to an annual administrative review. The purpose of such
review shall be to determine that the conditions of the permit are within compliance. The
interim use permit may be revoked for failure to comply with any condition of the permit
following notice of the noncompliance and a hearing by the City Council with all interested
parties being given an opportunity to be heard.
Preliminary Subdivision — Viking Lakes 4th Addition
City Administrator Osberg introduced the item noting the Council is being asked to consider a
Preliminary Subdivision (Viking Lakes 4th Addition), creating five (5) lots and two (2) outlots on
approximately 69 acres located south of Vikings Parkway and east of Lone Oak Parkway.
City Planner Schultz gave a staff report and provided a site map.
Steve Poppen, MV Ventures, LLC, was available for questions.
The Council discussed the Preliminary Subdivision request.
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 Preliminary
Subdivision (Viking Lakes 4th Addition) creating five (5) lots and two (2) outlots on approximately 69
acres located south of Vikings Parkway and east of Lone Oak Parkway, subject to the following
conditions: Aye:5 Nay:0
Standard Conditions
1. The developer shall comply with these standards conditions of plat approval as adopted by
Council on July 1, 2014:
Al, B1, B2, B4, C1, C2, C4, E1, F1, G1, H1, 11, J1, K1
2. The property shall be platted.
GRADING
3. 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.
4. 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.
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5. 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.
6. Erosion control measures shall be installed and maintained in accordance with City code and
engineering standards.
WATER QUALITY
7. This development shall install and maintain appropriate temporary erosion and sediment
control practices associated with the trail and storm sewer encroachments into the conservation
easement.
8. This development shall comply with Eagan's regulations for wetland buffers and wetland buffer
vegetation requirements, according to City Code §11.67 Subd. 7 and Subd. 8, in areas associated
with the trail and storm sewer encroachments into the conservation easement.
9. This development shall permanently abandon by fill or bulkhead the two storm sewer pipes that
exist within the conservation easement area.
10. 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 effective retention of the site's new
impervious surface area (including effective soil remediation for all of the site's disturbed soils
that are to be revegetated).
11. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide to
the City with a minimum of 2 soil borings equally spaced within the footprint of the proposed
southwest infiltration/filtration area, extending a minimum of 10' below the bottom of each
proposed infiltration feature with continuous sampling, to evaluate and ensure suitability for
infiltration, including depth to saturated soils. If the soil boring logs indicate incompatibility of
existing sub -soil permeability, or shailow groundwater conflict, with the submitted and reviewed
design plans for meeting volume control requirements, the applicant shall revise the design
and/or construction plans to ensure volume control requirements are fully met for the mitigated
impervious drainage area, to the satisfaction of the City Engineer.
12. The applicant shall provide adequately sized pre-treatment structures (e.g. 4 -foot minimum
depth sump, 5 -foot minimum diameter, with floatable skimmer hood, etc.) 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. For storm pipes over
18 -inch diameter, the sump depth shall be 2.5 times the inside diameter of the outlet pipe. 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.
13. The applicant shall clarify stormwater iron -sand filter bench system details, including detailed
construction cross-sections and notes to include an appropriate constructed box frame,
impermeable rubber liner specifications (thickness, acceptable joint sealing, etc.), under -drain
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details including pipe type and cleanouts/vents, erosion -control protections at toe and top of
side -slopes immediately following construction, iron -sand mix specification/composition/source
and estimate mix volume needed, 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.
14. The applicant shall clarify details for the southwest filtration basin with iron -sand filter around
the under -drain system, including detailed construction cross-sections and notes to include
under -drain details including pipe type and cleanouts/vents, erosion -control protections at toe
and top of side -slopes, iron -sand mix specification/composition/source and estimate mix
volume needed, 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.
15. 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 Plan, Landscape Plan, etc.) and shall specify estimated
quantities of soil ripping area and volume of compost to be imported and incorporated on
pertinent plan sheets. 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. Notes shall be provided that implementing contractor shall provide 24 -hours
advance notice to City Water Resources staff prior to implementation of soil loosening and
amendment.
16. 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 entirety of the permanent stormwater management system, in a form
acceptable to the City Attorney.
17. 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), infiltration/filtration basin,
iron -sand filter bench, wet pond, etc.), including soil loosening & amendment prior to
landscaping, conform to design and/or construction plans, as approved by the City. The
applicant shall submit to the City Engineer certification that the stormwater management
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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.
UTILITIES
18. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
19. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide
telecommunications fiber to the premises. This development shall include the installation of
fiber optic cable, or a conduit for future installation, in its construction plans at the time of Final
Subdivision.
EASEMENTS/ RIGHT-OF-WAY
20. Cross -easements or agreements for ingress/egress and shared parking shall be executed in a
form acceptable to the City Attorney, prior to final subdivision approval.
STREETS/ ACCESS/ CIRCULATION
21. The applicant shall be responsible to restore the medians, striping, street, curb and gutter,
boulevard, landscaping, irrigation, and street lighting in a manner acceptable to the City
Engineer.
22. The applicant shall obtain a right-of-way permit prior to performing any work within the right-
of-way.
23. The applicant shall install and finance any pedestrian crossings on Vikings Parkway and/or Lone
Oak Parkway adjacent to this site as recommended by the Bike and Pedestrian Master Plan.
24. The applicant shall provide a contractor parking plan in a form acceptable to the City Engineer,
prior to the approval of the building permit.
Conditional Use Permit— Living Word Lutheran Church
City Administrator Osberg introduced the item noting Council is being asked to consider a Conditional
Use Permit to allow a pylon sign with dynamic display upon property located at 4300 Nicols Road.
City Planner Schultz gave a staff report and provided a site map.
The applicant was available for questions.
The Council discussed the Conditional Use Permit request.
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Mayor Maguire open the public comment. An Eagan resident addressed the Council noting his support
for the signage. There being no further comment, Mayor Maguire turned the discussion back to the
Council.
Mayor Maguire noted he is disinclined to approve the Conditional Use Permit due to the height of the
sign.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Conditional Use
Permit to allow a pylon sign with dynamic display upon property located at 4300 Nicols Road, subject to
the following conditions: Aye: 4 Nay: 1(Maguire)
1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of
approval by the City Council.
2. A Building Permit, with engineered drawings, is required prior to installation of the new sign.
3. An administrative Sign Permit shall be obtained from the City prior to installation of the pylon
sign.
4. The existing monument sign shall be removed prior to installation of the pylon sign.
5. The height of the sign shall be a maximum of 14 feet.
6. The pylon sign shall be setback a minimum of 10 ft. from all property lines.
7. The pylon sign shall be located as indicated on the Site Plan dated December 3, 2019.
8. The dynamic sign messaging shall not change more often than once per minute.
9. The pylon sign shall not exceed the dimensions as indicated on the sign exhibit dated December
3, 2019.
10. The pylon sign shall comply with all Sign Code requirements.
11. Landscaping around the base of the pylon sign shall be installed by June 1, 2020 according to the
Landscape Plan dated December 3, 2019.
Comprehensive Guide Plan Amendment — Blue Gentian Retail
City Administrator Osberg introduced the item noting the applicant is requesting a change in the land
use designation from BP (Business Park) to RC (Retail Commercial). The Council is being asked to
consider a Comprehensive Guide Plan Amendment to change the land use designation upon 1.4 acres
located at 1030 Blue Gentian Road.
City Planner Schultz gave a staff report and provided a site map.
Rick Plessner, Thirty Eight Properties Eagan, LLC, was available for questions.
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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 direct staff to submit to
the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation
from BP (Business Park) to RC (Retail Commercial) upon approximately 1.4 acres located at 1030 Blue
Gentian Road. Aye: 5 Nay: 0
LEGISLATIVE/ INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
ADMINISTRATIVE AGENDA
There were no administrative agenda items.
There were no visitors to be heard.
VISITORS TO BE HEARD
CLOSED SESSION
A Closed Session was called at 7:26 p.m. to discuss labor negotiations.
ADJOURNMENT
Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 7:36
p.m. Aye:5 Nay:O
Date
A& -"-
Mayor