06/16/2020 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
JUNE 16, 2020
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. Eagan residents Derek Hansell and Kay
Grabner addressed the City Council regarding Eagan policing.
A regular meeting of the Eagan City Council was held on Tuesday, June 16, 2020 at 6:30 p.m. Present
were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present the City
Administrator Osberg, Assistant City Administrator Miller, Parks and Recreation Director Pimental,
Communications and Engagement Director Ellickson, Community Development Director Hutmacher, City
Planner Schultz, Public Works Director Matthys, and City Attorney Dougherty.
ET -IT -11
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the agenda as
amended. Aye: 5 Nay:0
RECOGNITIONS AND PRESENTATION
There were no recognitions and presentation to be heard.
CONSENT AGENDA
Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the consent
agenda as amended: Aye: 5 Nay: 0
A. It was recommended to approve the June 2, 2020 regular City Council minutes, as presented or
modified.
B. Personnel Items:
1. It was recommended to approve the hiring of seasonal, non -benefit eligible employees as
Elections Assistant, Parks Laborer and Recreation Leaders.
2. It was recommended to authorize the updated plan design changes within the Health Care
Savings Plan (HCSP) for all non-union employees. Additionally, authorize the removal of the
Health Care Savings Plan (HCSP) language from the City of Eagan Employee Handbook.
3. It was recommended to authorize the replacement of employee vacation leave accrual
maximums.
4. It was recommended to authorize the elimination of negative sick leave balances.
5. It was recommended to authorize the internal transfer of Casey Schmidt from Part-time
Custodian to Full-time Custodian and authorize the replacement of his position.
6. It was recommended to accept the resignation/retirement of Dan Curtin, Parks
Maintenance Worker and authorize the recruitment and replacement of this position.
C. It was recommended to ratify the check registers dated May 29 and June 5, 2020.
D. It was recommended to approve the ordinary and customary contract with Plant Krouton
Consulting, and Imagetrend, Inc.
E. It was recommended to approve Change Order No. 2 for the Fire Station Four Remodel Project.
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F. It was recommended to approve Change Order #21 for Project 18-06, Police Department and
City Hall Renovation.
G. It was recommended to approve a resolution of support for funding for Dakota County
Community Development Agency Nicols Point Project.
H. It was recommended to receive the bids for Contract 20-18 (2020 Water Quality Improvements)
and award a contract to BKJ Land Company (BKJ Excavating) for the base bid in the amount of
$330,399.15 and authorize the Mayor and City Clerk to execute all related documents.
I. It was recommended to approve Change Order No. 1 to Contract 19-11 (Cascade Bay Water Park
- Parking Lot & Entry Plaza Improvements) and authorize the Mayor and City Clerk to execute all
related documents.
J. It was recommended to receive the bids for Contract 20-10 (Deerwood Drive Slope Stabilization)
and award a contract to Rachel Contracting for the base bid in the amount of $227,125.15 and
authorize the Mayor and City Clerk to execute all related documents.
K. It was recommended to approve the plans and specifications for Contract 20-05 (Cedar Grove
Parkway/Rahn Road Landscape Monument) and authorize the advertisement for a bid opening.
L. It was recommended to schedule a Public Hearing to consider a Fee Schedule modification
regarding Antennae Lease/ Rent Rates to be held on July 21, 2020.
M. It was recommended to authorize the City Attorney to prepare ordinance amendments to
Chapters 4 and 11 and schedule a public hearing at a future Advisory Planning Commission
meeting for the Chapter 11 amendment regarding statutory compliance with the Lower
Minnesota River Watershed District.
N. It was recommended to receive the petition to vacate public drainage and utility easements on
Lots 2 and 3, Block 1, Wescott Hills 4th Addition, and schedule a public hearing to be held on
July 21, 2020.
O. It was recommended to receive the petition to vacate public drainage, utility and ponding
easements on Lot 11 Block 2, Ballantrae 1st Addition, Lot 1, Block 1, Ballantrae 2nd Addition, and
Outlot A, Briar Hill 2nd Addition, and schedule a public hearing to be held on July 21, 2020.
P. It was recommended to approve a resolution establishing Polling Places for the August 11, 2020
Primary and November 3, 2020 General Election.
Q. It was recommended to approve the City of Eagan's Return to the Workplace and Re -opening
Plan (COVID-19 Preparedness Plan).
R. It was recommended to approve the final payment for Contract 20-19 (Yankee Doodle Road -
Street Light System Improvements) in the amount of $26,700.00 to Taylor Electric and accept
the improvements for perpetual City maintenance subject to warranty provisions.
S. It was recommended to authorize the City Attorney to prepare an ordinance amendment to City
Code, Chapter 4, Section 4.34, Stormwater Management regulations.
T. It was recommended to approve the plans and specifications for Cascade Bay improvements
and authorize the advertisement for a bid opening to be held at 9:00 am on Tuesday July 2,
2020.
PUBLIC HEARINGS
There are no public hearings to be heard.
OLD BUSINESS
There are no old business items to be heard.
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June 16, 2020
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NEW BUSINESS
Comprehensive Guide Plan Amendment; Rezoning; Preliminary Planned Development
The Gallery of Eagan, LLLP
City Administrator Osberg introduced the item noting the Council is being asked to consider a
Comprehensive Guide Plan Amendment changing the land use designation from O/S (Office/Service) to
HD (High Density), a Rezoning from LB, Limited Business to PD, Planned Development, and a Preliminary
Planned Development to allow a 4 -story, 162 -unit apartment building upon approximately 2.8 acres
located at 3340 Pilot Knob Road, legally described as Lot 6, Block 3, Effress Addition.
City Planner Schultz gave a staff report and provided a site map.
The applicant, Joe McElwain, Chase Real Estate, provided a brief review of the project and was available
for questions.
The Council discussed the request. Councilmember Fields asked about a dog run area. Mr. McElwain
confirmed that a dog run will be included in the project.
Mayor Maguire opened the public comment. There being no public comment he turned the discussion
back to the Council.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to implement a
Comprehensive Guide Plan Amendment changing the land use designation from O/S (Office/ Service)
to HD (High Density) upon approximately 2.8 acres located at 3340 Pilot Knob Road, legally described as
Lot 6, Block 3, Effress Addition. Aye: 4 Nay: 1 (Bakken)
Councilmember moved, Councilmember seconded a motion to approve ( or direct preparation of
Findings of Fact for Denial) a Rezoning from LB, Limited Business to PD, Planned Development upon
approximately 2.8 acres located at 3340 Pilot Knob Road, legally described as Lot 6, Block 3, Effress
Addition. Aye:5 Nay:0
Councilmember moved, Councilmember seconded a motion to approve a Preliminary Planned
Development to allow a 4 -story, 162 -unit apartment building upon approximately 2.8 acres located at
3340 Pilot Knob Road, legally described as Lot 6, Block 3, Effress Addition, subject to the following
conditions: Aye:5 Nay:0
1. A Preliminary Planned Development Agreement shall be executed and recorded against the
property at the Dakota County Recorder's office. The Preliminary PD Agreement shall contain
the following plans.
• Preliminary Site Plan
• Preliminary Building Elevation Plans with Building Signage
• Preliminary Landscape Plan
• Preliminary Lighting Plan
2. A Final Planned Development Agreement shall be required prior to issuance of a Building
Permit. The following plans are required for the Final Planned Development Agreement and
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shall be consistent with the Preliminary Planned Development and conditions of Preliminary
Planned Development approval.
• Final Site Plan
• Final Building Elevation Plans with Building Signage
• Final Landscape Plan
• Final Lighting Plan
• Final Sign Plan
Mechanical Screening
3. All mechanical equipment shall be screened from public view per City Code requirements. New
construction shall provide a 30" minimum parapet height for screening of rooftop equipment.
Ground equipment and screening shall be shown on the Final Site Plan.
4. The Building Elevation plan shall indicate that equipment will be placed 20' from the edge of
buildings as required by City Code.
Signage
5. A Final Sign Plan showing the proposed sign elevation, materials and dimensions, for both the
canopy signs and blade signs shall be provided for the Final Planned Development.
6. The building sign shall be subject to City Sign Code standards.
7. A Sign Permit is required prior to sign installation.
Address Numbers
8. Building address numbers hall be installed consistent with the provisions of Section 2.78 of City
Code.
9. The Applicant shall work with City staff to modify the site's mailing address.
Arrhitorti ira
10. The garage doors shall be painted to match the building exterior.
Site Plan
11. The pool area shall be fenced. The height of the fence shall be depicted on the Site Plan and
meet City Code requirements.
12. The Site Plan shall clarify whether the proposed impervious surface coverage includes the proof
of parking.
13. The new parking lot with that connects to Norwest Court shall be limited to no more than 10
parking stalls, and parking shall be restricted to guest and delivery parking only (no tenant
parking).
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14. The parking lot access shall be designed in a manner acceptable to the Fire Chief.
14a. A dog run shall be designed and installed in a manner acceptable to Community Development.
Site Lighting
15. The Applicant shall provide adjustments to the Site Lighting Plan to provide average to minimum
ratios and achieve minimum light levels of 0.5 foot-candles throughout the parking lot and
circulation areas.
Landscaping and Tree Preservation
16. The Landscape Plan shall be revised to provide screening of the public right -of way from the
parking lot areas.
17. The Landscape Plan shall be revised to provide planting islands within the parking lot.
18. The Applicant shall continue to work with staff to refine the overall plans and verify that three
percent of building value is achieved.
19. The plant schedule shall be verified to match the number of plantings shown on the Landscape
Plan and the plants shall be labeled on the plan.
20. The Applicant shall protect the preserved trees' critical root zones through the placement of
required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene
laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root
Zone, whichever is greater, of significant trees/woodlands to be preserved on-site.
21. The Applicant shall contact the City Forestry Division and set up a pre -construction site
inspection at least five days prior to the issuance of the grading permit to ensure compliance
with the approved Tree Preservation Plan and placement of the Tree Protection Fencing.
22. The Applicant shall provide tree mitigation if encroachment inside of the critical root zones
(CRZ's) results in additional tree removal which exceed the allowable removal percentage per
City requirements.
Grading
23. 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.
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Storm Drainage
24. 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 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).
25. 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
infiltration area, extending a minimum of 10' below the bottom of the 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 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 requirements are fully met for the mitigated
impervious drainage area, to the satisfaction of the City Engineer.
26. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide
underground stormwater infiltration system details, including that a) an off-line bypass to
prevent construction stormwater from entering the perforated pipe galleries shall be provided
until drainage area stabilization, b) solid pipe isolator row(s) appropriately sized shall be
provided at any stormwater inlet point into the underground system, c) sub -soils shall have
appropriate composition and minimal compaction to ensure adequate infiltration capability, d)
no limestone shall be used below or between the pipe gallery, e) no fabric shall be used on the
bottom of infiltration pipe gallery, f) unobstructed physical access via manhole will be provided
to any isolator row for inspection and maintenance, g) inspection ports will be provided on at
least every other perforated 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 the proposed infiltration chamber systems, including over -excavation,
installation of pre-treatment sumps, inlets, outlets, etc. Shop drawings related to the
underground stormwater infiltration pipe gallery system must be provided to the City for review
before installation, for review.
27. 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.
28. 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
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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.
29. 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.
30. 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 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.
Utilities
31. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
Fiber to the Premises
32. The Applicant shall submit a proposal/infrastructure plan to be approved by staff to provide
telecommunications fiber to the premises (FTTP). The applicant shall provide a civil drawing plan
for outside plant (including handholes and conduit path) work as well as an electrical plan for
inside plant work to be reviewed and approved by City staff. This development shall include the
installation of fiber optic cable in its construction plans at the time of Building Permit.
33. This development shall be designed to support broadband and fiber optic telecommunications
networks. The applicant 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. The conduit system shall utilize a multi -partitioned inner
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June 16, 2020
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duct system, or other comparable means, to accommodate multiple fiber optic service
providers in the future.
Parks and Recreation
34. The Applicant shall satisfy park and trail dedications through cash dedication, payable at the
time of Building Permit at the rates then in effect. For multi -family development, the 2020 rates
are $3,545.00 per unit for parks and $265.00 per unit for trails.
Permits/Right-of-Way
35. This development shall be responsible for the acquisition of all regulatory agency permits
required by the affected agency prior to final plat approval.
36. The Applicant shall obtain a right of way permit and be responsible to restore the street, curb
and gutter, and boulevard in a manner acceptable to the City Engineer.
37. All public and private streets, drainage systems, and utilities necessary to provide service to this
development shall be designed and certified by a registered professional engineer in accordance
with City adopted codes, engineering standards, guidelines, and policies prior to application for
building permit approval.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
ADMINISTRATIVE AGENDA
CITY COUNCIL
Mayor Maguire congratulated Andrew Pimental, Parks and Recreation Director, Dianne Miller, Assistant
City Administrator, and Police Chief New for their part in the renovation process of the newly remodeled
City Hall building. He noted the newly remodel City Hall has created additional public and community
space.
There were no visitors to be heard.
VISITORS TO BE HEARD
ADJOURNMENT
Councilmember Hansen moved, Councilmember Tilley seconded a motion to adjourn the meeting at
7:30 p.m. Aye: 5 Nay: 0
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Date
City Clerk