05/19/2020 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
MAY 19, 2020
No Listening Session was held.
Due to the COVID-19 outbreak, the Council has directed that regular, special and emergency meetings of
the Council be conducted by telephone or other electronic means until such time as in-person meetings
can resume in a practical and prudent manner.
A virtual meeting of the regular Eagan City Council was held on Tuesday, May 19, 2020 at 6:30 p.m.
Present were Mayor Maguire, Councilmembers Bakken, Fields, and Tilley. Also present were the City
Administrator Osberg, Assistant City Administrator Miller, Public Works Director Matthys, Community
Development Director Hutmacher, City Planner Schultz, City Clerk Scipioni, and City Attorney Bauer,
AGENDA
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as
amended. Aye: 4 Nay: 0 (Roll Call)
RECOGNITIONS AND PRESENTATION
There were no recognitions and presentation to be heard.
CONSENT AGENDA
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the consent agenda
as amended: Aye: 4 Nay: 0 (Roll Call)
A. It was recommended to approve the May 5, 2020 regular City Council minutes, as presented or
modified.
B. Personnel Items:
1. It was recommended to approve the hiring of the seasonal, non -benefit eligible employees
for the positions of: Assistant Recreation Leader, Forestry Technician, Parks Laborer,
Recreation Leader and Recreation Team Leader.
2. It was recommended to authorize the internal recruitment for the Recreation Manager
position.
3. It was recommended to approve a Memorandum of Understanding regarding hours worked
and notification of shift changes between the City of Eagan and the LELS Local #185 — Patrol
Sergeants.
C. It was recommended to ratify the check registers dated May 1 and May 8, 2020.
D. It was recommended to approve the ordinary and customary contract with Anna Battistini,
Genisys Credit Union, Think Mutual Bank, Baba's Catering, Green Mill Restaurant, Mr. Pig Stuff
BBQ and Catering, and Mintahoe Catering.
E. It was recommended to approve Change Order #20 for Project 18-06, Police Department and
City Hall Renovation.
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May 19, 2020
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F. It was recommended to approve a resolution adopting and authorizing implementation of the
performance measures developed by the Council on Local Results and Innovation.
G. It was recommended to approve change order for the Fire Station Four Remodel Project.
H. It was recommended to approve an amended Agreement for the investigation assistance and
reimbursement terms.
I. It was recommended to approve an On Sale Liquor and Sunday Liquor License and Off Sale Brew
Pub License for Granite City, Inc., doing business as Granite City Food Brewery, 3330 Pilot Knob
Road.
J. It was recommended to approve an Aquatic Invasive Species Grant Agreement with Dakota
County to control Flowering Rush and to conduct aquatic invasive species ( AIS) prevention
activities and related public education and outreach and authorize the Mayor and City Clerk to
execute all related documents.
K. It was recommended to receive the bids for Contract 20-03 (Citywide Trail & Parking Lot
Improvements) and award a contract to Bituminous Roadways, Inc. for the base bid in the
amount of $ 295,000.00 and authorize the Mayor and City Clerk to execute all related
documents.
L. It was recommended to adopt a resolution calling for a public hearing on June 2, 2020 on a
proposal for the establishment of a housing improvement area and the imposition of fees
(Countryside Condominiums Homeowners Association Project) on the housing units therein.
M. It was recommended to approve a Final Planned Development to allow a four-story 50 -unit
multi -family residential development upon approximately 1.26 acres located north of Lone Oak
Road and west of Lexington Avenue. And, it was recommended to approve a Final Subdivision
(Lexington Flats) to create two (2) lots upon approximately 16 acres located north of Lone Oak
Road and west of Lexington Avenue.
N. It was recommended to schedule a public hearing on June 2, 2020 for consideration of a one-
year extension to the Minnesota Investment Fund Contract and Loan Agreement with the MN
Department of Employment and Economic Development and Medical Equipment Solutions, Inc.
d/ b/ a Purair Products.
0. It was recommended to authorize Preparation of Ordinance Amendment to City Code Chapter 4
regarding mandatory updates to the 2020 Minnesota State Building Code.
P. It was recommended to authorize the construction of a bus shelter concrete pad at the
northeast corner of the intersection of Yankee Doodle Road (CSAH 28) and Lexington Avenue
(CSAH 43) at the cost Of $9,530.00.
Q. It was recommended to approve correspondence to the MSP Nosie Oversight Committee.
PUBLIC HEARINGS
There were no public hearings to be heard.
OLD BUSINESS
There are no old business items to be heard.
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May 19, 2020
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NEW BUSINESS
Comprehensive Guide Amendment — Outlot 'A', Waters Annex 2nd Addition
City Administrator Osberg introduced the item noting this item was originally scheduled for the May 5,
2020 City Council meeting. Prior to presentation of the item, the applicant requested postponement to
the May 19, 2020 City Council meeting. Osberg noted the action to be considered is to direct staff to
submit to the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use
designation from Special Area — Major Office to Special Area — Mixed Use, upon approximately 24.67
acres for property legally described as Outlot 'A', Waters Annex 2nd Addition.
Councilmember Hansen joined the meeting by audio at 6:47 p.m.
City Planner Schultz gave a staff report and provided a site map.
Steve Poppen, MV Ventures, LLC, highlighted the difficult challenge the limited access presents the site
for the current Major Office use. He stated that because they can provide access from the north,
changing the land use from Major Office to Mixed Use makes it compatible with the adjacent Viking
Lakes development.
Don Becker, MV Ventures, LLC, provided additional information regarding the proposed commercial
mixed uses project.
The Council, staff, and MV Ventures representatives discussed the Comprehensive Guide Amendment
request.
Councilmember Hansen joined the meeting by video at 7:26 p.m.
Mayor Maguire opened the public comment. A phone call was received from Bob Dompke, Director
Global Real Estate, Ecolab Inc. He noted Ecolab has been in discussions with MV Ventures regarding
potential security risks and traffic flow to their campus to the south. Ecolab continues to have an open
dialogue with MV Ventures and are confident they'll develop workable solutions to their concerns.
There being no public comment, Mayor Maguire turned the discussion back to the Council.
Councilmember Fields moved, Councilmember Hansen seconded a motion to direct staff to submit to
the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation
from Special Area — Major Office to Special Area — Mixed Use, upon approximately 24.67 acres for
property legally described as Outlot 'A', Waters Annex 2nd Addition. Aye: 5 Nay: 0 (Roll Call)
Comprehensive Guide Plan Amendment; Rezoning; Preliminary Planned Development
Thirty Eight Properties Eagan, LLC
City Administrator Osberg introduced the item noting this item was before the Council in January. The
Metropolitan Council recently completed review of the proposal and on May 1, 2020 determined the
amendment may be implemented by the City.
City Planner Schultz gave a staff report and provided a site map.
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Rick Plessner, 38 Properties, gave a brief summary of the request 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 Fields seconded a motion to implement a
Comprehensive Guide Plan Amendment changing the land use designation from BP (Business Park) to
RC (Retail Commercial) upon approximately 1.4 acres located at 1030 Blue Gentian Road, legally
described as Lot 1, Block 1, Spectrum Commerce Center. Aye: 5 Nay: 0 (Roll Call)
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve (or direct
preparation of Findings of Fact for Denial) a Rezoning from BP, Business Park to PD, Planned
Development upon approximately 1.4 acres located at 1030 Blue Gentian Road. Aye: 5 Nay: 0 (Roll
Call)
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve (or direct
preparation of Findings of Fact for Denial) a Preliminary Planned Development to allow a 6,150 -square
foot building including a coffee shop with drive-through service upon approximately 1.4 acres located at
1030 Blue Gentian Road, subject to the following conditions: Aye: 5 Nay: 0 (Roll Call)
1. A Preliminary Planned Development Agreement shall be executed and recorded against the
property at the Dakota County Recorder's office. The following plans are required for the
Agreement:
• Final Site Plan
• Final Building Elevations
Final Landscape Plan
• Final Lighting Plan
2. This Preliminary Planned Development shall have a three-year term.
3. All rooftop equipment shall be shown on the Building Elevations drawings at the time of
Building Permit application to demonstrate effective screening of rooftop equipment.
4. A Sign Permit shall be obtained for all signs prior to installation.
5. A revised Final Landscape Plan shall be provided for incorporation in the Planned
Development Agreement. The Final Landscape Plan shall include the following modifications:
a) incorporate more evergreen materials, particularly along the north and south edges of the site
to enhance screening of parking and drive-through stacking;
b) utilize more vertical plant materials, taller shrubs and ornamental trees shall be incorporated
along the south side of the building to visually break up the expanse of building wall;
c) landscape plantings shall be added to the mulch bed around the base of the monument sign;
and
d) the Final Landscape Plan shall include identification of species and quantities of plants on the
graphic portion of the Plan. The revised Final Landscape Plan shall be provided for incorporation
into the Final Planned Development Agreement.
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6. The Building Elevations shall be revised to incorporate design elements for added visual
interest as identified in the City Code.
7. A detailed plan for the patio area shall be provided at the time of Building Permit to
demonstrate compliance with the standards in Sec. 11.70, Subd. 29 of the City Code.
8. The sign base shall be a masonry material to match the building, and the sign must be
set back at least 10 feet from all property lines and cannot be within easement areas.
9. All rooftop equipment shall be shown on the Building Elevations drawings at the time of
Building Permit application to demonstrate effective screening of rooftop equipment.
10. A revised Final Landscape Plan shall be provided for incorporation into the Final Planned
Development Agreement.
11. In accordance with City Code, a financial guarantee for landscaping shall be provided with the
Building Permit, the landscape guarantee is held for two years following satisfactory installation.
12. 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.
13. This development shall comply with Eagan's Land Disturbance Stormwater Pollution Prevention and
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 (or equivalent water quality treatment) 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).
14. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide to the
City with a minimum of 4 soil borings equally spaced within the footprint of the proposed
underground stormwater treatment area, extending a minimum of 10' below the bottom of the
proposed water quality treatment 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 shallow 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 (or water quality equivalent)
requirements are fully met for the mitigated impervious drainage area, to the satisfaction of the City
Engineer.
15. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide
underground stormwater infiltration/ filtration system details, including that a) appropriate pre-
treatment structures are provided, b) an off -line bypass to prevent construction stormwater from
entering any perforated pipe galleries shall be provided until drainage area stabilization, c) solid
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May 19, 2020
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pipe isolator row(s) appropriately sized shall be provided at any stormwater inlet point into the
underground system, d) subsoils shall have appropriate composition and minimal compaction to
ensure adequate infiltration capability, e) no limestone shall be used below or between the pipe
gallery, f) no fabric shall be used on the bottom of any infiltration gallery, f) unobstructed physical
access via manhole will be provided to any isolator row for inspection and maintenance, g) 10 —
inch minimum diameter inspection ports will be provided on all pipe rows. Notes shall be provided
that utility installation contractor shall provide 24 -hours advance notice to City Water Resources
staff of any grading or utility work involving any proposed stormwater management systems,
including over -excavation, installation of pretreatment sumps, inlets, outlets, etc. Shop drawings
related to any underground stormwater treatment systems shall be provided to the City for review
before installation, for review.
16. 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.
17. 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.
18. 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
private permanent stormwater management system, in a form acceptable to the City Attorney.
19. 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 chamber galleries, etc.), including soil
loosening & amendment prior to landscaping, conform to design and/ or construction plans, as
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May 19, 2020
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approved by the City. Phots/ video of final inspection of clean underground infiltration chamber
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.
20. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
21. Cash park and trail dedications are payable at the time of Building Permit at the rates then in effect.
The 2020 rates are $977 per 1,000 square feet of building for parks, and 1,341 per net acre for trails.
Adopt Resolution approving temporary waiver of city code permit & zoning requirements
to promote physical and social distancing for business activities
during the COVID-19 health pandemic
City Administrator Osberg introduced the item noting retail, service and restaurant businesses have
been significantly impacted by the COVID-19 pandemic emergency. Businesses have reopened or are
planning to reopen and are asking the City for flexibility on temporary signage, curbside pickup,
expanded outdoor dining, and outdoor customer interface areas. Osberg noted, because businesses
need immediate flexibility from certain code requirements to function while maintaining social
distancing and protecting the health of employees and customers, a temporary administrative approval
process may be appropriate. If the resolution is approved, staff will develop guidelines and registration
processes to ensure that public health, safety, and welfare concerns are not compromised.
The Council discussed the item. Councilmember Bakken suggested adding a grandfather clause to the
application to cover an extension, if necessary.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Hansen moved, Councilmember Bakken seconded a motion to adopt a resolution
approving temporary waiver of city code permit & zoning requirements to promote physical and social
distancing for business activities during the COVID-19 health pandemic. Aye: 5 Nay: 0 (Roll Call)
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
ADMINISTRATIVE AGENDA
CITY COUNCIL
Mayor Maguire noted Filing for Candidacy for City Office has opened today. City policy during elections
years, from the opening of the Council candidate filing period through the November election, the
Visitors to be Heard segment of the meeting shall occur for a period of time not to exceed ten minutes
and will not be televised.
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PUBLIC WORKS DIRECTOR
Public Works Director Matthys announced this is Public Works Week, and to check out the City website
and social media for different opportunities to get excited about.
There were no visitors to be heard.
VISITORS TO BE HEARD
ADJOURNMENT
Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at
8:29 p.m. Aye: 5 Nay: 0 (Roll Call)
Date
G
Mayor
City Clerk