05/04/2021 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
MAY 4, 2021
No Listening Session was held.
Due to the COVID-19 pandemic, the regular Eagan City Council meeting was held virtually on Tuesday,
May 4, 2021 at 6:30 p.m. Present were Acting Mayor Fields, Councilmembers Bakken, Hansen, and
Supina. Mayor Maguire was absent. Also present was City Administrator Osberg, Assistant'City
Administrator Miller, 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 Bauer.
Councilmember Supina moved, Councilmember Hansen seconded a motion to approve the agenda as
presented. Aye: 4 Nay: 0 (Roll Call)
RECOGNITIONS AND PRESENTATIONS
There were no recognitions and presentations to be heard.
CONSENT AGENDA
Councilmember Supina moved, Councilmember Hansen seconded a motion to approve the consent
agenda as presented: Aye: 4 Nay: 0 (Roll Call)
A. It was recommended to approve the April 20, 2021 regular City Council minutes, as presented, or
modified.
B. Personnel Items:
1. To approve the hiring of part-time recurring and seasonal employees as Deck Coordinators,
Guest Relations Crews, Guest Relations/Pool Attendant, Guest Relations/Lifeguard,
Lifeguards, Lifeguard/Sub, Pool Attendants, Pool Attendant/Lifeguard, Preschool Teacher,
Recreation Leaders, seasonal Utilities Maintenance, Site Coordinator, Spark! Team Leaders
and Stormwater Intern.
2. To approve the promotion of Brent Foiles from Accountant II to Assistant Finance Director
and authorize replacement.
3. To approve the hiring of Elizabeth VanHoose for the position of City Clerk.
4. To approve the promotion of Nicole Kiecker from Paid -On -Call Fire Fighter to Full-time Fire
Fighter.
C. It was recommended to ratify the check registers dated April 16 and April 23, 2021.
D. It was recommended to approve the ordinary and customary contracts with William Reisinger and
Jennifer La Font, Clear Channel, Beep Beeps, Tara Tieso, RES Pyro, Lingonberry Forge, Grancius and
AVI Systems.
E. It was recommended to approve a resolution to accept donations from the Eagan Foundation,
Thomson Reuters, Maurie Lazarus, Steve and Teresa Radermacher, and Eagan Athletic Association.
F. It was recommended to proclaim May 16 through May 22, 2021, as Public Works Week and
authorize the Mayor and Deputy City Clerk to execute all related documents.
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May 4, 2021
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G. It was recommended to proclaim June 2021 as Eagan Lakes Appreciation Month and authorize the
Mayor and Deputy City Clerk to execute all related documents.
H. It was recommended to approve an Aquatic Invasive Species Grant Agreement with Dakota County
to control aquatic invasive species (AIS) in Carlson Lake and authorize the Mayor and Deputy City
Clerk to execute all related documents.
I. It was recommended to approve the Wetland Replacement Plan Application from Dakota County
Transportation Department for wetland impacts along Cliff Road (CSAH 32), between Lexington
Avenue (CSAH 43) and State Highway 3 (South Robert Trail).
J. It was recommended to authorize a 5 -year update of the Minnesota Vikings Headquarters and
Mixed -Use Development Alternative Urban Areawide Review (AUAR) and authorize its distribution
for comment to local and regional agencies.
K. It was recommended to receive the petition and authorize the preparation of a Feasibility Report by
the City Engineer for Project 1437 (Wilderness Retreat/Lakewood Hills — Street and Utility
Improvements).
L. It was recommended to approve a Final Subdivision (Sibley Terminal Industrial Park Third Addition)
to create two industrial lots upon approximately 6.2 acres located at 3227 Terminal Drive.
M. It was recommended to approve a temporary on -sale liquor license for the Twin Cities Goodtime
Softball League's North Star Classic on May 28-30, 2021 at Northview Park, 980 Northview Park
Road and Lexington -Diff ley Athletic Complex, 4201 Lexington Ave South.
N. It was recommended to schedule a Special City Council meeting on June 1, 2021 at 4:30 p.m. at
Eagan City Hall.
O. It was recommended to amend the 2021 Facilities R/R and CIP Budgets to allow for the additional
appropriations to cover additional items and construction costs for several projects.
There are no public hearings to be heard.
There is no old business to be heard.
PUBLIC HEARINGS
OLD BUSINESS
NEW BUSINESS
Planned Development Amendment — Equitably Acquired Properties, LLC
City Administrator Osberg introduced the item noting the Council is being asked to consider a Planned
Development Amendment to modify the Site Plan reducing the number of remaining buildings from
three to two and adjusting the size and configuration of individual garage units.
City Planner Schultz gave a staff report and provided a site map. Planner Schultz reported the Advisory
Planning Commission recommended approval with condition five (#5) struck from the list.
The applicant, Lawrence Koland, was available for questions.
Acting Mayor Fields opened the public comment. There being no public comment, she turned the
discussion back to the Council.
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May 4, 2021
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Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve a Planned
Development Amendment to modify the Site Plan reducing the number of remaining buildings from
three to two and adjusting the size and configuration of individual garage units upon property located at
501 Classic Court, legally described as Lot 1, Block 5, 6, and 7 and Outlots A and B, Eagan Cr Club 2nd
Addition, subject to the following amended conditions: Aye: 4 Nay: 0 (Roll Call)
1. A Planned Development Amendment Agreement shall be executed and recorded with the Dakota
County Recorder's office. The following exhibits shall be made part of the Agreement:
• Site Plan
Building Elevations
• Landscape and Tree Mitigation Plan
• Site Lighting Plan
2. The property shall be replatted.
3. This PD Amendment shall supplement and amend the existing Final Planned Development
Agreement for the property.
4. For consistency, all decks shall be either six by 15 feet or eight by 15 feet, and of uniform design and
materials controlled through the association and covenants.
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6. Any appurtenances to the building such as downspouts, electrical conduit, or similar items shall
match the building in color.
7. 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.
8. Prior to issuance of a land disturbance permit, the applicant shall obtain an easement or private
agreement for any off-site work, or the plan should be revised to reflect no grading off-site.
9. The underground infiltration systems shall be inspected after construction is complete to ensure it is
clean and operating properly, and any repairs and/or cleaning performed before final approval of
the project.
10. Prior to issuance of a land disturbance permit, the applicant shall modify the erosion and sediment
control plan for the west side of the site in a manner acceptable to the City Engineer.
11. The applicant shall install thirty-seven (37) Category B trees in fulfillment of tree mitigation
requirements.
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12. The Tree Preservation and Mitigation Plan shall be revised to include off-site trees. Off-site trees
shall be included in tree removal statistics and protected and preserved or removed and mitigated
with this application.
13. The applicant shall ensure the survival of preserved trees via protection of the tree's 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.
14. 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.
Conditional Use Permit —Yankee Doodle Self Storage
City Administrator Osberg introduced the item noting the Council is being asked to consider a
Conditional Use Permit to allow outdoor storage of two moving trucks for property located at 540
Yankee Doodle Road.
City Planner Schultz gave a staff report and provided a site map.
The applicant was available for questions.
Acting Mayor Fields opened the public comment. There being no public comment, she turned the
discussion back to the Council.
Councilmember Bakken moved, Councilmember Supina seconded a motion to approve a Conditional
Use Permit to allow outdoor storage of two moving trucks for property located at 540 Yankee Doodle
Road, subject to the following conditions: Aye: 4 Nay: 0 (Roll Call)
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by
the City Council.
2. The outdoor storage shall be limited to the storage of two moving trucks in the location set
forth on the Site Plan and as described in the applicant' s narrative both received on March
171 2021. The trucks shall not be kept out in the front parking lot for a long duration and
should not be kept in the front overnight.
3. The moving trucks shall not be made available to the general public.
4. It shall be unlawful to park or store any motor vehicle, as defined by MN Statutes, that is
unlicensed, unregistered, inoperable, or displaying expired registration tabs.
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Comprehensive Guide Plan Amendment — MWF Properties
City Administrator Osberg introduced the item noting 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 RC (Retail Commercial) to HD (High Density) of property located at 2055 Cliff Road
upon approximately 1.75 acres.
City Planner Schultz gave a staff report and provided a site map.
The applicant Chris Stokka, MWF Properties, provided a presentation with additional details on the
proposed project and was available for questions.
The Council discussed the item. Acting Mayor Fields noted her concern in setting a precedence of
turning parking lots into homes. Councilmember Bakken spoke to the tax implications of the project
compared to the intended commercial use.
Acting Mayor Fields opened the public comment. There being no public comment, she turned the
discussion back to the Council.
Councilmember Hansen moved, Councilmember Supina seconded a motion to direct staff to submit to
the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation
from RC (Retail Commercial) to HD (High Density) upon approximately 1.75 acres in the northeast
portion of property located at 2055 Cliff Road to allow construction of a multi -family residential building.
Aye: 3 Nay: 1(Fields) (Roll Call)
Conditional Use Permit — 3865 Bridgewater Drive
City Administrator Osberg introduced the item noting the Council is being asked to consider a
Conditional Use Permit to exceed 25 percent impervious surface coverage in a Shoreland Overlay
District for an in -ground swimming pool and pool deck on a residential lot located at 3865 Bridgewater
Drive.
City Planner Schultz gave a staff report and provided a site map.
The applicant was available for questions.
Acting Mayor Fields opened the public comment. There being no public comment, she turned the
discussion back to the Council.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use
Permit to exceed 25 percent impervious surface coverage in a Shoreland Overlay District for an in -
ground swimming pool and pool deck on a residential lot located at 3865 Bridgewater Drive, legally
described as Lot 3, Block 2, The Oaks of Bridgewater 2nd Addition, subject to the following conditions:
Aye 4 Nay: 0 (Roll Call)
1. This Conditional Use Permit (CUP) shall be recorded at Dakota County within 60 days of
approval by the City Council with the following exhibit:
• Site Plan dated April 12, 2021
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2. The impervious surface of this lot shall not exceed 35.0 percent (7,851 square feet) per the
Site Plan dated April 12, 2021.
3. Prior to release of the CUP for recording, the applicant shall provide the City with final plan
set and stormwater management report documentation for all stormwater management
requirements for this project, including erosion and sediment control requirements for
construction stages and final stabilization.
4. Prior to the release of the Conditional Use Permit for recording, the applicant shall provide
a $3,000 escrow deposit for a performance security to ensure installation of the
underground dry well stormwater infiltration system occurs per the approved plans.
5. Prior to the release of the Conditional Use Permit for recording, the applicant shall provide
a $1,000 escrow deposit for inspection of the dry well system installation.
6. The proposed dry well tanks shall be designed and constructed to effectively capture, retain
and infiltrate 100 percent of the impervious runoff from the excess impervious surface total
from a 1 percent, 24-hour, 7.47 -inch rainfall event.
7. The proposed underground dry well tank infiltration system shall be installed according to
applicable guidelines in the State of Minnesota. During construction steps, the applicant
shall provide notification to the City, with minimum of 24-hour notice, for inspection at
critical construction stages (completion of excavation, prior to backfilling around perforated
tanks, completion of piping connections prior to final grading, etc.). City time involved in
project inspection shall be withdrawn from the applicant' s project escrow.
8. The proposed dry well tank system shall be designed to safely overflow to the front yard of
the residence and shall not discharge into neighboring properties.
9. Mitigative stormwater designs shall be reviewed and accepted by the City Engineering
Division and the installation shall be inspected by City staff at the time of installation.
10. The Owner shall enter into a long-term stormwater facility inspection and maintenance
agreement with the City of Eagan, detailing the maintenance required to maintain proper
operation and performance of the stormwater infiltration system, in a form acceptable to
the City Attorney, to be filed in the property records with the Dakota County Recorder' s
Office at the Owner' s expense.
11. As -built drawings and capture volume measurements shall be provided to the City that
Verify minimum storage volume requirement is being met.
12. The applicant shall discharge water from the pool (including filter backwash) in a form and
manner acceptable to the Water Resources Manager.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
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May 4, 2021
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ADMINISTRATIVE AGENDA
DIRECTOR OF PUBLIC WORKS
Director of Public Works Matthys noted May 16-22 is Public Works Week. Watch social media and the
City's website for additional information.
There were no visitors to be heard.
VISITORS TO BE HEARD
ADJOURNMENT
Councilmember Hansen moved, Councilmember Supina seconded a motion to adjourn the meeting at
8:02 p.m. Aye: 4 Nay: 0 (Roll Call)
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Mayor
Deputy eity Clerk