12/15/2020 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
DECEMBER 15, 2020
No Listening Session was held.
Due to the COVID-19 pandemic, the regular Eagan City Council meeting was held virtually on Tuesday,
December 15, 2020 at 6:30 p.m. Present were Mayor Maguire, Councilmembers Bakken, Fields,
Hansen, and Tilley. Also present was City Administrator Osberg, Assistant City Administrator Miller,
Finance Director Pepper, Assistant Finance Director Feldman, Public Works Director Matthys,
Community Development Director Hutmacher, City Planner Schultz, Communications and Engagement
Director Ellickson, Parks and Recreation Director Pimental, and City Attorney Dougherty.
AGENDA
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as
presented. Aye: 5 Nay: 0 (Roll Call)
RECOGNITIONS AND PRESENTATIONS
City Administrator Osberg thanked Councilmember Tilley for her 20 years of service and presented her
with a plaque. Mayor Maguire and Councilmembers Bakken, Hansen and Fields congratulated Meg for
her 20 years of service to the citizens of Eagan. Councilmember Tilley thanked the City for the
opportunity to serve.
CONSENT AGENDA
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the consent
agenda as presented: Aye: 5 Nay: 0 (Roll Call)
A. It was recommended to approve the November 17, 2020 and December 1, 2020 City Council
minutes, as presented, or modified.
B. Personnel Items:
1. It was recommended to approve the hiring of Ryan Winegardner, Part -Time Police Cadet.
2. It was recommended to approve the 2021 Compensation Plans for all City of Eagan
Employees per the 2021 budget; including the Compensation Plans for all non-union;
exempt, non-exempt, Part Time Recurring, Seasonal/Temporary employees.
3. It was recommended to approve adjustments to the City Administrator's 2021
compensation to meet restrictions imposed by the State of Minnesota.
4. It was recommended to approve adjustments to the Public Works Director's 2021
compensation to meet restrictions imposed by the State of Minnesota.
5. It was recommended to approve the collective bargaining agreement with the International
Association of Fire Fighters, Local No. 5171— Fire Captains Unit.
C. It was recommended to ratify the check registers dated November 25 and December 4, 2020.
D. It was recommended to approve the ordinary and customary contracts with Mike Lynch,
MNSPECT, LLC, and Allina Health/Aetna.
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E. It was recommended to approve a resolution to authorize a prorated refund of on sale 3.2
percent malt liquor, on sale wine and taproom license fees.
F. It was recommended to approve a resolution to authorize alternate payment for renewal of on
sale 3.2 percent malt liquor, on sale wine and taproom licenses.
G. It was recommended to approve a resolution designating 2021 precincts and polling places.
H. It was recommended to approve the general insurance renewal for the period of July 1, 2020 to
July 1, 2021.
I. It was recommended to receive the Draft Feasibility Report for Project 1410 (Oakview Center —
Street Improvements) and schedule a public hearing to be held on January 19, 2021.
J. It was recommended to receive the Draft Feasibility Report for Project 1411 (Advantage Lane —
Street Improvements) and schedule a public hearing to be held on January 19, 2021.
K. it was recommended to receive the Draft Feasibility Report for Project 1412 (Legendre 1st —
Street Improvements) and schedule a public hearing to be held on January 19, 2021.
L. It was recommended to receive the Draft Feasibility Report for Project 1413 (Johnny Cake Ridge
Road — Street Improvements) and schedule a public hearing to be held on January 19, 20210.
M. It was recommended to receive the Draft Feasibility Report for Project 1414 (Oakbrooke
Addition — Street Improvements) and schedule a public hearing to be held on January 19, 2021.
N. It was recommended to receive the Draft Feasibility Report for Project 1415 (Canterbury Forest/
Wedgwood 1St Addition - Street Improvements) and schedule a public hearing to be held on
January 19, 2021.
0. It was recommended to approve the updated Sperry Tower Lighting Schedule.
P. It was recommended to approve the final payment for Contract 19-11 (Cascade Bay Water Park
Parking Lot and Entry Plaza — Water Quality and Pavement Improvements) in the amount of
$75,552.88 to Max Steininger, Inc. and accept the improvements for perpetual City maintenance
subject to warranty provisions.
Q. It was recommended to approve Change Order No. 1 for Contract 19-29 (Ponds EP -1 and BP -10 -
Water Quality and Storm Sewer Improvements) and authorize the Mayor and City Clerk to
execute all related documents.
R. It was recommended to approve the final payment for Contract 19-29 (Ponds EP -1 and BP -10 -
Water Quality and Storm Sewer Improvements) in the amount of $223,627.75 to BKJ Land
Company and accept the improvements for perpetual City maintenance subject to warranty
provisions.
S. It was recommended to approve final payment for contract 18-04, Central Park Splashpad, in
the amount of 16,732.90 to Vortex Aquatic Structures International Inc and accept the
improvements for perpetual City maintenance subject to warranty provisions.
T. It was recommended to approve a resolution in support of a grant application to the Minnesota
Department of Transportation (MnDOT) Noise Wall Program for a new 50 feet long noise wall
along the east side of I -35E, Kings Crest, and authorize the Mayor and City Clerk to execute all
related documents.
U. It was recommended to approve a resolution amending the Public Works Department' s 5 -Year
Capital Improvement Plan (2021-2025) to revise the Intersection Improvements section to
address the following:
• Add traffic signal and intersection modifications at the Cliff Road (CSAH 32)/ Cliff Lake
Road/ Rahncliff Road intersection in 2021.
• Revise traffic signal and intersection modifications at the Cliff Road (CSAH 32)/ Pilot
Knob Road (CSAH 31) intersection in 2022 (CIP Project 22-220009).
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V. It was recommended to approve a Joint Powers Agreement with Dakota County for City Project
1392/ County Project No. 32-105 (Cliff Road ( CSAH 32)/Rahncliff Road/ Cliff Lake Road — Signal
System Upgrade) and authorize the Mayor and City Clerk to execute all related documents.
W. It was recommended to approve receipt of the petition to vacate public easements on Lots 12 &
16, Block 1, Gopher Eagan Industrial Park 1st Addition and schedule a public hearing to be held
on January 19, 2021.
X. It was recommended to approve a one-year extension of the Preliminary Subdivision approval
for CPC Development LLC to create three (3) lots upon approximately 8.13 acres located at the
southwest corner of Central Parkway and Pilot Knob Road.
Y. It was recommended to approve the Board -adopted 2021 ECVB budget and marketing priorities.
PUBLIC HEARINGS
Interim Use Permit — Access Genetics
City Administrator Osberg introduced the item noting the Council is being asked to consider an Interim
Use Permit to allow a temporary COVID-19 test collection site at 1570 Thomas Center Drive.
City Planner Schultz gave a staff report and provided a site map.
The applicant responded to the concerns regarding traffic management and was available for questions.
The Council discussed the Interim Use Permit request.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve an Interim Use
Permit to allow a temporary COVID-19 test collection site at 1570 Thomas Center Drive, subject to the
following conditions: Aye: 5 Nay: 0 (Roll Call)
1. The Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City.
2. The permit shall terminate on the earliest of the following: December 16, 2021 or one year
following the date of any Building/ Mechanical Permit issuance.
3. Mechanical/ Building Permits shall be obtained as required by the Building Code.
4. The Interim Use Permit may be revoked for failure to comply with any condition of the IUP following
notice of the noncompliance and a hearing by the City Council with all interested parties being given
an opportunity to be heard.
5. All signs shall meet City Code requirements and a sign permit shall be obtained prior to installation.
6. Vehicles entering the facility shall not stack onto the public roadway system.
7. Any outdoor, overnight storage of vehicles shall be subject to the outdoor storage standards of the
City Code.
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Lots 1-3, Block 1, Hilltop Plaza — Easement Vacation
City Administrator Osberg introduced the item noting on August 21, 2020, City staff received a petition
from Phil Hoey, representing Hy -Vee, Inc., requesting the vacation of drainage and utility easements on
Lots 1, 2, and 3, Block 1, Hilltop Plaza, located at 4160, 4168 and 4198 Pilot Knob Road, north of Diffley
Road and east of Pilot Knob Road. The purpose of the request is to allow the redevelopment of the site
for a Hy -Vee Fast & Fresh with a convenience store, gas station, coffee shop, liquor store
and car wash.
Public Works Director Matthys gave a staff report and provided a site map.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Bakken moved, Councilmember Fields seconded a motion to close the public hearing
and continue the vacation of public easements on Lots 1, 2, and 3, Block 1, Hilltop Plaza. Aye: 5 Nay: 0
(Roll Call)
Approve 2021 Fee Schedule
City Administrator Osberg introduced the item noting the Council is being asked to consider the 2021
Fee Schedule establishing fees for various City services, supplies and materials.
Assistant Finance Director Feldman gave a summary of the notable proposed changes for the 2021 Fee
Schedule.
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 adopt a resolution approving the 2021 Fee Schedule establishing fees for various City services,
supplies and materials. Aye: 5 Nay: 0 (Roll Call)
OLD BUSINESS
There were no Old Business items to be heard.
NEW BUSINESS
Preliminary Subdivision (Metro Storage Addition) — Metro Storage LLC
City Administrator Osberg introduced the item noting the Council is being asked to consider a
Preliminary Subdivision to create one lot upon 2.54 acres located at 3150 Dodd Road and 3101 Highway
55. The intended use for the new lot is a 3 -story indoor climate controlled self -storage facility.
City Planner Schultz gave a staff report and provide a site map.
The Applicant, Bob Heilman, was available for questions.
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The Council discussed the request.
Mayor Maguire opened the public comment. Caller, Marie Overbe, noted her opposition to the
proposed 3 -story self -storage facility. There being no public comment, Mayor Maguire turned the
discussion back to the Council
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Preliminary
Subdivision to create one (1) lot upon 2.54 acres located at 3150 Dodd Road and 3101 Highway 55,
subject to the following conditions: Aye: 5 Nay: 0 (Roll Call)
1. The developer shall comply with these standards conditions of plat approval as revised by Council on
July 1, 2014: Al, 131, B2, B3, B4, C1, C2, C4, E1, F1 and H1.
2. The property shall be platted.
3. The applicant shall submit a revised Landscape Plan minus tree mitigation.
4. The applicant shall submit a Tree Mitigation Plan.
5. The applicant shall fulfill tree mitigation requirements through the installation of thirty-six (36)
Category B trees or an equivalent thereof and/ or cash payment ($ 160.00 per caliper inch) for each
Category B tree in lieu as determined by the City Forester.
6. The applicant shall submit a Planting Plan which combines both landscape and tree mitigation
requirements.
7. The applicant shall continue to work with staff to refine the overall landscape and planting plans and
verify that three percent (3%) of building value is achieved.
8. 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 four -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.
9. 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.
10. 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.
11. This development shall comply with Eagan' s Land Disturbance Stormwater Pollution Prevention and
Post -Construction Stormwater Management Requirements (City Code 4.34) for stormwater
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management and surface water quality, including Runoff Rate Control and 1.1 inch 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).
12. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide to the
City with a minimum of two ( 2) soil borings equally spaced within the footprint of the proposed
infiltration basin area, extending a minimum of 10 feet below the bottom of the proposed
infiltration basin 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 water quality equivalent of volume control requirements are fully met for the
mitigated impervious drainage area, to the satisfaction of the City Engineer.
13. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide revised
construction details of the proposed infiltration basin following MPCA Minnesota Stormwater
Manual Standards & City Engineering Standards for Infiltration Basins for City review/acceptance by
the City Engineer and include in construction plans. Construction details shall include revised
infiltration 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 prior to soil amendment backfilling,
appropriate soil amendment criteria, planting details including live planting at 18 -inch on -center
spacing with seeding of all basin bottoms, seeded side -slopes, permanent erosion -control details for
basin bottom and side -slopes, etc., to ensure infiltration 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, including contact email and phone number for City Water Resources Staff.
14. During infiltration system over-excavation/sub-soil work, the applicant shall ensure that a Certified
Soil Scientist will be present to verify and document that practice area subsoils are suitable for a
saturated- state infiltration rate of no less than 1.3 -inches per hour based on 0.65 -inch per hour
design rate with safety factor) or greater (but less than 8.0 -inch per hour). If the sub -soil infiltration
rates are less than 1.3 -inches per hour (or greater than 8.0 -inch per hour), the applicant shall
immediately notify the City Engineer and revise the volume control practice(s) design and
construction as necessary ( e.g. over excavation/soil-amendment depth, etc.) to ensure volume
control requirements are fully met. Verification of sub -soil infiltration testing rates shall be provided
immediately to the City of Eagan on the day of infiltration testing. The applicant shall ensure that
the City Water Resources staff is provided 24-hour advance notice of the occurrence of infiltration
verifications and also provided notice prior to any excavation and/ or soil backfilling within the
infiltration practices, to arrange for inspections.
15. The applicant shall provide adequately sized pre-treatment structure(s) (e.g. 4 -foot minimum depth
sump, 5 -foot minimum diameter, with floatable skimmer hood, energy dissipation, etc.) at, or
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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.
16. 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 graphical details and notes on soil protection/restoration 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 sheet
quantity tables. 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.
17. 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.
18. 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 basin, 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.
19. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
20. Relocation of the existing public sanitary sewer shall be performed in a manner acceptable to the
City Engineer.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
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ADMINISTRATIVE AGENDA
CITY COUNCIL
Councilmember Tilley thanked the residents for letting her serve for 20 years and gave a shout out to
City staff for their support over the past 20 years and the good work they provide.
Mayor Maguire noted it's the last Council meeting of the year and he looks forward to 2021. He
thanked City staff and wished them happy holidays.
DIRECTOR OF PUBLIC WORDS
Director of Public Works Matthys acknowledged Councilmember Tilley's retirement and wished her the
best.
DIRECTOR OF COMMUNITY DEVELOPMENT
Director of Community Development Hutmacher thanked Councilmember Tilley for her years of service
and thanked her for her kind words to staff and wished her happy holidays.
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
7:59 p.m. Aye: 5 Nay: 0 (Roll Call)
Date
A, -- �
Mayor
City Clerk