09/07/2021 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
SEPTEMBER 7, 2021
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 Supina.
A regular Eagan City Council meeting was held on Tuesday, September 7, 2021 at 6:30 p.m. Present
were Mayor Maguire, Councilmembers Bakken, Fields, Hansen, and Supina. Also present, City
Administrator Osberg, Assistant City Administrator Miller, Finance Director Feldman, Public Works
Director Matthys, City Planner Schultz, Communications and Engagement Director Ellickson, Parks and
Recreation Director Pimental, Community Development Director Hutmacher, City Clerk VanHoose, and
City Attorney Bauer.
AGENDA
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as
presented. Aye: 5 Nay: 0
RECOGNITIONS AND PRESENTATIONS
A. Swearing in of Hugo Searle, City of Eagan Fire Chief
Mayor Maguire recognized Fire Chief Hugo Searle. City Clerk Elizabeth VanHoose administered
the swearing in oath. Chief Searle's daughter, Carys Searle, was in attendance for the
ceremonial pinning of the Fire Shield.
B. Minnesota Recreation and Parks Association (MRPA) presented the City of Eagan an Award of
Excellence for the HeART of Eagan program initiated in 2020
Chelsea Swiggum representing the MRPA Awards Committee, presented the City of Eagan the
Award of Excellence for the HeART of Eagan program. Julie Anderson accepted the award on the
City's behalf.
CONSENT AGENDA
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the consent
agenda as presented: Aye: 5 Nay: 0
A. It was recommended to approve the August 8, 2021 special and the August 17, 2021 regular City
Council minutes, as presented, or modified.
B. Personnel Items:
1. It was recommended to approve the hiring of Tyler Howard as a Streets Maintenance
Worker.
2. It was recommended to approve the hiring of David Callen for the position of IT Specialist.
3. It was recommended to authorize the recruitment to establish a firefighter eligibility'list.
4. It was recommended to approve the promotion of Elizabeth Herrmann from part-time
recurring Recreation Program Assistant to part-time recurring Recreation Program
Specialist.
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B. Certify Delinquent Utility Bills
A Public Hearing was held to certify delinquent utility bills. City Administrator Osberg introduced the
item to City Council. The City currently has approximately 769 utility bill accounts with delinquent
balances. The assessable amount of these accounts is $258,017.52.
Councilmember Hansen moved, Councilmember Fields seconded a motion to close the public
hearing and approve the final assessment roll for delinquent utility bills and authorize its
certification to Dakota County for collection with property taxes. Aye: 5 Nay: 0
C. Finaserve Addition/ Easement Document No. 378261 Easement Vacation.
A Public Hearing was held to vacate public drainage and utility easements on Finaserve Addition
(3150 Dodd Road) and Utility Line Easement Document No. 378261 (Lot 10 Auditor's Subdivision No.
38, 3101 Highway 55). City Administrator Osberg introduced the purpose of the request to vacate
existing public easements in association with the redevelopment of the property, avoiding any
underlying conflicts with the recorded plat dedications or easements for the recently recorded plat.
Existing easements were originally dedicated with the original development of the property at no
cost to the City. New easements have recently been provided to accommodate all public needs
through the dedication of public easements on the new plat of Metro Storage Addition, also at no
cost to the City. There were no public comments on this item.
Councilmember Bakken moved, Councilmember Supina seconded a motion to close the public
hearing and approve the vacation of public drainage and utility easements on Finaserve Addition
(3150 Dodd Road) and Utility Line Easement Document No. 378261 (Lot 10 Auditor's Subdivision No.
38, 3101 Highway 55). Aye: 5 Nay: 0
D. Variance —4166 Countryside Drive (Anand Raghu)
A Public Hearing was held to consider a variance of 5 feet to the required 10-foot side yard setback
for property located at 4166 Countryside Drive, legally described as Lot 2, Block 1, Country Hollow
2nd Addition, subject to the conditions listed in the staff report.
City Administrator Osberg introduced the item to City Council. City Planner Schultz gave a staff
report and provided a site map. Planner Schultz noted the letter of support from the adjacent
neighbor (opposite side of proposed addition). Homeowner Anand Raghu was available for any
questions. Mayor Maguire opened the public hearing and asked for any public comment. There
being no public comment, he turned the discussion back to Council.
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a variance of
5 feet to the required 10-foot side yard setback for property located at 4166 Countryside
Drive, legally described as Lot 2, Block 1, Country Hollow 2nd Addition, subject to the
following conditions:
1. If within one year after approval, the variance shall not have been completed or utilized, it
shall become null and void unless a petition for extension has been granted by the council.
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Such extension shall be requested in writing at least 30 days before expiration and shall
state facts showing a good faith attempt to complete or utilize the use permitted in the
variance.
2. A Building Permit shall be required prior to construction of the addition.
OLD BUSINESS
There were no old business items to be heard.
NEW BUSINESS
A. Certification of preliminary 2022 General Fund budget & property tax levy
City Administrator Osberg introduced the item.
Councilmember Bakken moved, Councilmember Fields seconded a motion to set a public hearing of
the Payable 2022 levy and budget for the next regularly scheduled meeting at which the levy and
budget will be discussed is the City Council meeting of Tuesday, December 7 at 6:30p.m., here in the
Council Chambers. The public will be allowed to speak at this meeting. Aye: 5 Nay: 0
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the
preliminary payable 2022 property tax levy as follows:
• Operating $ 36,319,400
• Capital4,823,560
• Abatement 16,000
• Debt service 1,908,963
• Total levy $ 43,067,923
• To approve the preliminary 2022 General Fund budget, including contingency, of
$46,170,600.
Aye:S Nay:O
B. Planned Development Amendment — Erik's Bike Shop, 1555 Cliff Rd.
City Administrator Osberg introduced the item noting the City Council is asked to consider a Planned
Development Amendment to allow retail commercial uses for property located at 1555 Cliff Road.
City Planner Schultz presented the staff report and provided a site map. Schultz noted the applicant
has indicated potential grade issues associated with the staff recommended sidewalk connection to
Cliff Road and has requested flexibility.
Erik Saltvold, owner of Erik's Bike Shop, provided comments to Council regarding their request to
reuse the building for a bike shop. Mayor Maguire opened the public comment. There being no
public comment, he turned the discussion back to Council.
Councilmember Hansen inquired of the pedestrian connection to a public trail.
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City Planner Schultz responded that Condition #6 could be amended to strike "along Cliff Road" to
allow flexibility in the placement of the sidewalk connection.
Councilmember Supina moved, Councilmember Hansen seconded a motion to approve a Planned
Development Amendment to allow retail commercial uses for property located at 1555 Cliff Road,
subject to the following conditions with the amendment to condition #6 to strike `along Cliff Road.'
Aye: 5 Nay: 0
1. An Amendment to the Planned Development Agreement shall be executed, in a form
acceptable to the City Attorney, and recorded against the property within 90 days of City
Council approval.
2. The applicant shall obtain a Building Permit from the City prior to any construction on the
site.
3. The applicant shall obtain a Sign Permit from the City prior to any sign placement on the
building or property.
4. There shall be no overnight, outdoor storage of bikes, sporting good equipment, or other
retail product on the property.
5. The applicant shall submit a Landscape Plan for the revitalization of the existing landscaping
for review and approval by the City Forester.
6. The applicant shall provide a private sidewalk extension to a public trail.
C. Conditional Use Permit — Carvana, 3306 Mike Collins Drive
City Administrator Osberg introduced the item noting the Council is being asked to consider a
Conditional Use Permit to allow outdoor storage of six single -car haulers, 269 vehicles and transport
trucks, and service of transport trucks for property located at 3306 Mike Collins Drive.
City Planner Schultz gave a staff report and provided a site map. Melissa Wilkins, representing the
applicant, Carvana, was available for any questions from Council. Mayor Maguire inquired about the
buildings being demolished and if that would impact the property value, citing a similar request
Council heard earlier in the year. Councilmember Bakken stated the buildings proposed for
demolition are old and not in good condition, the proposed site improvements are likely to result in
a slight increase in property value. Mayor Maguire opened the public comment. There being no
public comment, he turned the discussion back to City Council.
Councilmember Hansen moved, Councilmember Hansen seconded a motion to approve a
Conditional Use Permit to allow outdoor storage of six single -car haulers, 269 vehicles and transport
trucks, and service for transport trucks for property located at 3306 Mike Collins Drive, subject to
the following conditions. Aye: 5 Nay: 0
1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date
of approval.
2. The outdoor storage is limited to six single -car haulers, 269 vehicles and transport trucks as
depicted on the approved Site Plan dated 08/04/21. Site improvements such as installation
of new bituminous asphalt and stormwater facilities shall be in place prior to the outdoor
storage occurring on the subject property.
3. A Knox Switch shall be provided in a manner acceptable to the Fire Chief to provide access
to the parking lot and rear of the building for public safety purposes.
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4. New parking stalls shall be striped per City Code requirements of 10 feet x.19 feet.
5. All drive aisles shall be maintained free of obstruction.
6. The mesh/slats shall be regularly maintained and kept in premium condition.
7. There shall be no motor vehicle sales that occur on the property other than accessory on-
line sales.
8. All vehicles that are parked or stored outside shall be inoperable condition. Any vehicles
that are in an inoperable or unlicensed condition shall be limited to 10 days storage time
outside in a calendar year.
9. There shall be no storage of any kind, loading or unloading that occurs on the city street
and/or within public right-of-way.
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
Section 4.34) for stormwater 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. The applicant shall provide to the City with a minimum of two 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. 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 the infiltration basin, details for stable inlets/outlet/emergency
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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 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 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 sub -soils are
suitable for a saturated -state infiltration rate of no less than 0.9-inches per hour (based on
0.45-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 0.9-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. four -foot
minimum depth sump, five-foot minimum diameter, with floatable skimmer hood with
hydrocarbon absorbent accessory,,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.
16. 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.
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17. 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. Removal of the Ash trees and installation of the Landscape Plan shall occur prior to October
1, 2022.
20. Issuance of a conditional use permit does not imply an exemption from future tree
preservation requirements.
21. Future development shall be subject to conditions of the City of Eagan Tree Preservation
Ordinance (City Code Chapter 11, Section 11.70, Subdivision 13) and shall be satisfied prior
to plan approval.
D. Planned Development Amendment — Wildcats/MFC Properties Corporation
City Administrator Osberg introduced the item noting the Council is being asked to consider a
Planned Development Amendment to allow the addition of an outdoor dining patio in conjunction
with a full -service restaurant located at 1448 Yankee Doodle Road. City Planner Schultz gave a staff
report and provided a site map.
Curtis Colon, appearing on behalf of MFC Properties, noted that the patio would be a good addition
for the tenant as well as the shopping center. Mr. Colon was available for any questions from
Council.
Mayor Maguire asked about parking requirements with the patio addition. City Planner Schultz
stated the Code does not require additional parking up to 24 seats, only additional parking beyond
24 seats.
Mayor Maguire inquired about the SAC (sewer area charge) for the patio. City Planner Schultz noted
the applicant would need to request a calculation from Met Council prior to submittal of a building
permit.
Councilmember Bakken inquired about relocating ADA stalls for greater ease and accessibility to
tenants within the shopping center. Mr. Collins responded they can look at it (relocating ADA stalls)
since they will be completing curb work and repaving the parking lot.
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Mayor Maguire inquired if the sidewalk space shown on the plan is easily navigable for handicap
persons and if the cross-section (sidewalk space directly in front of the tenant's entrance) should
remain clear.
Councilmember Bakken responded that from personal experience 4 feet is tight but is dependent on
the type of wheelchair and whether the space is kept clear.
Councilmember Supina asked why the fenced patio couldn't extend to the building on both sides of
the entry. City Planner Schultz responded the City Code requires contiguity and containment when
alcohol is served on a patio. Dialogue followed on what containment entailed and if the Code was
previously amended removing that requirement. City Planner Schultz replied that the requirement
is still listed within Code.
Mayor Maguire opened the public comment. There being no public comment, he turned the
discussion back to City Council.
Councilmember Fields stated she witnessed the temporary patio was always in use last summer.
Mayor Maguire stated he was in favor of the proposal but suggested more thought be considered
regarding the design and pedestrian flow of the shopping center.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned
Development Amendment to allow an outdoor dining patio in conjunction with a full -service
restaurant located at 1448 Yankee Doodle Road, subject to the conditions listed in the APC minutes
and as amended by City Council adding condition #7. Aye: 5 Nay: 0
1. An Amendment to the Planned Development 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
2. The outdoor dining area is subject to City Code requirements. The applicant shall submit an
outdoor dining patio plan, to scale, with fence and seating details to Building Inspections for
approval prior to installation of the patio.
3. Hours of operation shall be restricted to the hours of operation within the principal restaurant's
interior space.
4. A building permit shall be required for construction of the pergola, if utilized.
5. The outdoor dining area shall conform to all fire and building codes related to the number and
types of exits that are required.
6. The restaurant establishment shall have an on -sale alcohol license that specifically includes and
permits the sale or service of alcoholic beverages in the outdoor dining area. All regulations in
chapter 5 of the City Code shall apply and compliance shall be met.
7. Applicant will implement a handicap parking plan as acceptable to City staff.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
ADMINISTRATIVE AGENDA
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September 7, 2021
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There were no items to be heard.
There were no visitors to be heard.
VISITORS TO BE HEARD
ADJOURNMENT
Councilmember Hansen moved, Councilmember Bakken seconded a motion to adjourn the meeting at
744 p.m. Aye: 5 Nay: 0
Ca
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Mayor
City Clerk