07/21/2020 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
JULY 21, 2020
The 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.
A regular meeting of the Eagan City Council was held on Tuesday, July 21, 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.
AGENDA
Councilmember Hansen moved, Councilmember Fields 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
Mayor Maguire pulled Consent Item J. - AUTHORIZE Telecommunication Tower Feasibility Study for
further discussion.
A. It was recommended to approve the July 7, 2020 City Council minutes and the July 14, 2020
Special City Council minutes, as presented or modified.
B. Personnel Items:
1. It was recommended to accept the resignation/retirement of Mike Fineran, Deputy Chief of
Police and authorize the internal promotional processes for the positions of Deputy Chief of
Police, Lieutenant, and Sergeant.
2. It was recommended to accept the resignation/retirement of Todd Kirchgatter, Police
Officer and authorize the recruitment and replacement of this position.
3. It was recommended to approve the hiring of Ryan Geibel, Utilities Maintenance Worker.
4. It was recommended to accept the resignation of David Jenkins, Part-time Custodian and
authorize the recruitment and replacement of this position.
C. It was recommended to ratify the check registers dated July 2, and July 10, 2020.
D. It was recommended to approve the ordinary and customary contract with Dr. Jennifer
Eisenhuth Orthodontics.
E. It was recommended to approve Reinstatement of Late Fees on Water/Sewer Utility Accounts.
F. It was recommended to amend the 2020 Capital Improvement Plan for the Storage Area
Network replacement.
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G. It was recommended to approve Joint Powers Agreement with Dakota County and the City of
Inver Grove Heights for Project 1275 (Lone Oak Road/CSAH 26 Improvements Right -of -Way
Acquisition- County Project No. 26-54).
H. It was recommended to approve Change Order #2 for contracts with AVI Systems, Inc and UHL
Company for the remodel of the City Hall/ Police Campus.
I. It was recommended to amend the 2020-2024 Capital Improvement Plan, adding Advanced
Metering Infrastructure.
J. It was recommended to authorize a Telecommunication Tower Feasibility Study.
K. It was recommended to receive the appeal submitted by Spectrum Investment Group of the
April 7, 2020 staff determination regarding the Spectrum Commerce Center and schedule a
hearing of the Board of Adjustments and Appeals for August 18, 2020 pursuant to Section 11.50,
Subd. 2 of the City Code.
L. It was recommended to approve a Resolution Authorizing a Special Deer Hunting Season on
Private Property.
M. It was recommended to approve an Easement Right -of -Way, Drainage and Utility Easement with
Sign Setback Provision with SVP CPC LLC.
2019 COMPREHENSIVE ANNUAL FINANCIAL REPORT
Director of Finance Pepper introduced the item noting the Comprehensive Annual Financial Report
(CAFR) for year-end December 31, 2019 has been completed and the audit by Redpath and Company
has been performed.
Dave Mol from Redpath gave a presentation summarizing their work, the results, and the financial
position of the City.
Councilmember Fields moved, Councilmember Bakken seconded the motion to accept the 2019
Comprehensive Annual Financial Report. Aye: 5 Nay: 0
PUBLIC HEARINGS
Project 1310, Surrey Heights Drive, and Project 1311 Donald Avenue
Street & Utility Improvements
Public Works Director Matthys noted Project 1310, Surrey Heights Drive, and Project 1311, Donald
Avenue, are part of the 2019 Street Revitalization Projects.
Mayor Maguire open the public hearing. Karen Fournier, 3280 Donald Avenue, addressed the Council
regarding the damage to her grass and bushes on her property. There being no public comment, he
turned the discussion back to the Council. Public Works Director Matthys noted he will follow up with
staff and get back to the resident.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to close the public hearing
and approve the Final Assessment Roll for Project 1310 (Surrey Heights Drive - Street & Utility
Improvements) and Project 1311 (Donald Avenue — Street & Utility Improvements); and authorize its
certification to Dakota County for collection. Aye: 5 Nay: 0
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Fee Schedule Modification - Miscellaneous Fees & Charges
Public Works Director Matthys introduced the item noting City staff have been approached by private
utility companies expressing interest in revisions to the current Council approved Fee Schedule
regarding the installation of private antennae on public facilities outside of the public right -of way. The
proposed modification would include fees for the placement of antennae on City facilities outside the
public right-of-way, on public property or easements.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Fee Schedule
Modification regarding Miscellaneous Fees and Charges and authorize the Mayor and City Clerk to
execute all related documents. Aye: 5 Nay: 0
Ballantrae 1st and 2nd Additions, Briar Full 2nd Addition - Easement Vacation
Public Works Director Matthys introduced the item noting on June 4, 2020, City staff received a petition
from Paola Bernardi Sipe, representing Ballantrae Apartments, LLC, requesting the vacation of existing
drainage, utility and ponding easements on Lot 1, Block 2, Ballantrae 1St Addition, Lot 1, Block 1,
Ballantrae 2nd Addition, and Outlot A, Briar Hill 2nd Addition, south of Silver Bell Road and east of Rahn
Road, in western Eagan. The purpose of the request is to allow the re -platting of the properties. The
easement vacations would improve the final plat by avoiding any underlying recorded dedications.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing
and continue action on the vacation of public drainage, utility and ponding easements over, under and
across Lot 11 Block 2, Ballantrae 1st Addition, Lot 1, Block 1, Ballantrae 2nd Addition, and Outlot A, Briar
Hill 2nd Addition. Aye: 5 Nay: 0
OLD BUSINESS
There were no old business items to be heard.
NEW BUSINESS
Rezoning and Preliminary Planned Development —
Eagan Gables Townhomes/GT Mork, Eagan Gables, LLC
City Administrator Osberg introduced the item noting the Council is being asked to consider a Rezoning
from R-2 (Residential Double) and R-3 (Residential Townhouse) to PD (Planned Development) for
approximately 5.6 acres located south of Yankee Doodle Road and west of Ivy Lane, and a Preliminary
Planned Development to allow nine (9) additional townhome units upon approximately 5.6 acres
located south of Yankee Doodle and west of Ivy Lane.
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City Planner Schultz gave a staff report and provided a site map. City Planner Schultz clarified that the
applicant has provided a modified site plan to address comments raised by the Advisory Planning
Commission.
Dan Pellinen, Tushie Montgomery Architects, noted they accept the conditions suggested by staff.
Councilmember Hansen noted concern regarding the loss of green space. Councilmember Bakken
noted the project appears to be in keeping for the area and the proposed green space is adequate.
Mayor Maguire opened the public comment. There being no public comment he turned the discussion
back to the Council.
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Rezoning from
R-2 (Residential Double) and R-3 (Residential Townhouse) to PD (Planned Development) for
approximately 5.6 acres located south of Yankee Doodle Road and west of Ivy Lane, legally described as
Lots 1 and 2, Block 2, and Lots 1-8, Block 1, Wescott Hills Fourth Addition. Aye: 5 Nay: 0
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Preliminary
Planned Development to allow nine (9) additional townhome units upon approximately 5.6 acres
located south of Yankee Doodle and west of Ivy Lane, legally described as Lots 1 and 2, Block 2, and Lots
1-8, Block 1, Wescott Hills Fourth Addition, subject to the following conditions: Aye: 5 Nay: 0
1. A Final Planned Development Agreement shall be executed for the development prior to issuance of
a building permit. The following plans are necessary for the Final Planned Development Agreement:
• Final Site Plan
• Final Building Elevations
• Final Landscape Plan
2. The architectural design and construction methods for the new construction within the
development shall incorporate sound attenuation standards sufficient to achieve an interior sound
level of 45 dBA as compared with a noise level of 64 DNL. Compliance with this standard shall be
demonstrated at the time of Building Permit.
3. The six-foot fence shall be located as shown on the approved Site Plan and constructed of a solid
material with no gaps at the bottom or within the fence to achieve desired noise reduction. Details
of the proposed fence materials and design shall be provided at the time of Final Planned
Development.
4. The applicant shall provide detailed calculations of the on-site recreational space to demonstrate
compliance with the City Code standard at the time of Final Planned Development.
5. At the time of Final Planned Development, the Building Elevations shall be revised to provide more
variation and color enhancements on the end elevations.
6. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City
Code.
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7. At the time of Final Planned Development, the Final Landscape Plan shall be revised to include the
fence.
WATER QUALITY
8. 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. Note: the project area is
within the direct -drainage area, and within 1 -mile, of a TMDL Waterbody (LeMay Lake).
9. 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). The Stormwater Management Report
shall include narrative describing how the project will meet rate control and volume control
requirements, including effective soil remediation to restore soil permeability in graded/disturbed
soils that are to be revegetated.
10. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide the City
with a minimum of 2 soil borings equally spaced within the footprint of each proposed
infiltration/filtration area, extending a minimum of 10' below the bottom of each proposed
infiltration/filtration 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.
11. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide revised
grading/drainage plans to demonstrate that at least 33,988 square feet of impervious area is
treated through an on-site private stormwater treatment system, meeting City standards.
12. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide revised
construction details of the proposed infiltration/filtration basins following MPGA Minnesota
Stormwater Manual Standards & City Engineering Standards for Infiltration/Filtration Basins for City
review/acceptance by the City Engineer and include in construction plans. Construction details shall
include revised infiltration/ filtration basin cross-section(s), construction
sequencing/protection/restoration notes, requirements for sub -soil infiltration testing for each
basin, details for stable inlets/ outlet/emergency overflow, unobstructed inspection/maintenance
access areas to inlets/outlet, sub -soil ripping of 18 -inch depth minimum x 18 -inch maximum
spacing, appropriate soil amendment criteria, adjustable gate valves on under -drains leaving each
basin, planting details including live planting at 18 -inch on -center spacing with seeding of all basin
bottoms with seeded side -slopes, permanent erosion -control details for basin bottom and side-
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slopes, etc., to ensure infiltration/filtration practices are properly designed, constructed, planted,
and adequately protected during / after construction to prevent clogging, and able to be properly
maintained (e.g. unobstructed equipment access, etc.) to function as intended. These graphical
details and notes shall be prominently included in all applicable plan sheets (e.g. Grading Plan,
Utility Plan, etc.). Notes shall be provided that grading and utility contractor(s) shall provide 24 -
hours advance notice to City Water Resources Staff of any grading or utility work involving the
proposed infiltration/filtration basin system, including installation of all inlets and outlets.
13. 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.
14. 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.
15. 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 (infiltration basin, restored pond, soil amendment areas, 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 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
16. All water and sanitary sewer utility services shall be installed to current engineering standards, in a
manner acceptable to the City Engineer.
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17. The applicant shall provide a proposal/infrastructure plan to provide telecommunications fiber to
the premises (FTTP) for review and approval by City staff at the time of Final Planned Development.
The applicant shall include the installation of fiber optic cable, or a conduit for future installation, in
its construction plans at the time of Building Permit.
STREETS/ACCESS/CIRCULATION
18. All street, curb and gutter, boulevard, and trail repairs shall be performed in a manner acceptable to
the City Engineer.
19. The applicant shall provide a declaration, in a form acceptable to the City Attorney, for the access
and maintenance of the common areas and amenities.
Consider Local Emergency Order Regarding Required Face Coverings
City Administrator Osberg introduced the item noting at the Listening Session on July 7, 2020, Council
asked staff to research what other cities were doing regarding mandatory face coverings and prepare a
draft executive order for discussion and possible modification during the course of the July 21, 2020 City
Council meeting. Osberg provided the key elements of the proposed draft Emergency Order, noting
there's an indication that Governor Walz may soon issue an Executive Order requiring Minnesotans to
wear a face covering in certain settings. Osberg suggested the following change to the proposed Local
Emergency Order to start July 24, 2020 at 12:01 a.m. and to consider or delete item IV. Common Spaces
in Multi -Family Residential and Multi -Tenant Office Buildings.
The Council discussed the Order and provided feedback.
City Attorney Dougherty suggested a change to item 2a. to read: Gov. Walz enacts an order requiring
face coverings that includes residents of Eagan.
Mayor Maguire open the public comment. There being no public comment he turned the discussion
back to the Council.
Councilmember Fields moved, Councilmember Hansen seconded a motion to authorize the Mayor to
execute the Local Emergency Order Regarding Required Face Coverings as amended. Aye: 5 Nay: 0
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
ADMINISTRATIVE AGENDA
CITY COUNCIL
Councilmember Tilley announced that she will not be running for re-election on the City Council and
thanked the community for the opportunity to serve Eagan.
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VISITORS TO BE HEARD
There were no visitors to be heard.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to adjourn the meeting at
8:37 p.m. Aye: 5 Nay: 0
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City Clerk