01/04/2022 - City Council RegularMINUTES OF A REGULAR MEETING OF
THE EAGAN CITY COUNCIL
Eagan, Minnesota
January 4, 2022
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting.
Present were Mayor Maguire, Councilmembers Fields, Bakken, Hansen, and Supina.
A regular Eagan City Council meeting was held on Tuesday, January 4, 2022, at 6:30
p.m. Present were Mayor Maguire, Councilmembers Fields, Bakken, Hansen, and
Supina. Also present: City Administrator Osberg, Assistant City Administrator Miller, City
Attorney Bauer, City Planner Schultz, and Community Development Director
Hutmacher.
I. ADOPT AGENDA
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve
the agenda. Aye: 5, Nay: 0. Motion carried.
II. RECOGNITIONS AND PRESENTATIONS
There were no recognitions or presentations.
III.CONSENT AGENDA
Councilmember Bakken moved, Councilmember Supina seconded a motion to approve
the consent agenda as presented. Aye: 5, Nay: 0. Motion carried.
A. It was recommended to approve the amended December 7, 2021 Regular City
Council Minutes and the December 21, 2021 Regular City Council minutes as
presented or modified.
B. Personnel Items:
1. It was recommended to approve the hiring of Colin Soderstrom for the
position of Web Developer.
2. It was recommended to approve the hiring for the position of Firefighter, to be
named at a future City Council meeting.
3. It was recommended to authorize an update to the City's Emergency
Management Plan to reflect new Center for Disease Control (CDC) guidance.
C. It was recommended to ratify the check registered dated December 17, 2021,
and December 24, 2021, as presented.
D. It was recommended to approve the following ordinary and customary contracts:
1 Agreement with AVI Systems for EditShare support
2. Agreement with VelocityEHS for online Material Safety Data Sheets
E. It was recommended to approve the Municipal Legislative Commission (MLC)
Joint Cooperative Agreement.
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January 4, 2022
Page 2
F. It was recommended to accept the following donations:
1. Eagan Citizens Crime Prevention Association- $2000 for the Shop with
a Cop program
2. Minnesota Energy Resources- $2000 for the purchase of a drone
charger
G. It was recommended to adopt a resolution accepting a grant from the Minnesota
DNR No Child Left Inside Program.
H. It was recommended to approve plans & specifications for Contract 22-06,
Project 1298, NE Eagan Sanitary Sewer Upsize, and Schedule Bid Opening.
I. It was recommended to approve Cooperative Construction Agreement with MN
Department of Transportation and Dakota County Transportation Department,
TH 13/Lone Oak Road (CSAH 26) Signal Improvements (Project 1432).
J. It was recommended to approve the 2022 Fee Schedule for General Municipal
Services & Materials Testing Services.
K. It was recommended to approve a request to waive permit and rental fees for
Eagan Art Festival.
L. It was recommended to approve the easement vacation, final planned
development, and final plat for Boulder Lakes- 5t" Addition.
M. It was recommended to authorize the submittal of fiscal year 2022 Community
Development Block Grant (CDBG) Application and adopt a Resolution approving
the funding request.
IV. PUBLIC HEARINGS
VARIANCE- 1370 CRESTRIDGE LANE- JAMES MCEVOY
City Administrator Osberg introduced the item and invited City Planner Schultz to
present more information. City Planner Schultz stated this request is for two variances
to rebuild a garage, as well as a request related to a platting requirement.
City Planner Schultz stated the property owner sustained fire damage to an existing
garage on in September of last year. Schultz noted the destroyed garage was non-
conforming in addition to having no record of a building permit. Upon review of the
building permit staff determined several Code deviations including total area of
accessory structures exceeding the principal structure and that allowed for a detached
garage. The variances requested would allow placement of the garage within the front
yard of the property and to exceed the maximum allowed for a detached garage when
an attached garage is present.
Schultz noted the applicant reduced the size of the garage to 780 square feet and will
remove an existing shed.
City Planner Schultz also noted the property is not platted and City Code is silent
regarding platting for the reconstruction of non -conforming structures. Staff is asking
Council to weigh in on whether the property should be platted for issuance of a building
permit.
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January 4, 2022
Page 3
Mayor Maguire asked staff the purpose of platting and public benefit.
City Planner Schultz stated that the property has had a structure on it since 1960, and
although there are no public easements on the property, platting may not serve a public
benefit.
City Attorney Bauer stated this is a housekeeping matter for Council. He added that
during subdivision the City can request extractions at that time. The City policy has
been building permits can be issued for interior remodels and [minor] additions to non-
conforming structures without requiring platting. However, for new construction staff has
required platting.
Director of Community Development Hutmacher clarified the current policy is platting
would be required when square footage is added but would not for remodels. She
added this is an unusual situation as the owner wasn't aware the garage did not have a
building permit.
Mayor Maguire opened the public hearing. There being no public comment, the Mayor
closed the public hearing turned the discussion back to Council.
The Council discussed the merits of adding a condition regarding termination of the
variance in relation to platting. City Attorney Bauer explained once the variance is
approved it cannot be rescinded. Council agreed the condition isn't warranted.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a
variance to allow n detached accessory structure to be constructed in the front yard of
an R-1 zoned property; and a variance to allow a 780 square foot detached garage
where a 576 square foot maximum is allowed when an attached garage is present. All
approved variances shall be subject to the conditions listed in the staff report. Aye: 5,
Nay: 0. Motion carried.
Mayor Maguire asked Councilmembers for consensus that the motion would not include
a requirement to plat of the property. There was agreement on this item.
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. 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 detached garage.
3. The applicant agrees. to remove the 246 square foot shed located northeast of
the home prior to final inspection of the proposed garage.
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January 4, 2022
Page 4
4. The proposed garage will meet all other Zoning Code provisions, including
Section 11.40, Subdivision 5: Accessory buildings, structures and uses.
V. OLD BUSINESS
There were no old business items.
VI. NEW BUSINESS
REZONING and PRELIMINARY PLANNED DEVELOPMENT — DigniCare —
Dignicare of Eagan/Brian Winges
City Administrator Oberg introduced the item noting the applicant is proposing a
rezoning from A, Agriculture to PD, Planned Development and a Planned Development
for one-story, 32-unit assisted Living and memory care facility for the property located
3305 and 3325 Lexington Avenue. Mr. Osberg invited City Planner Schultz to provide
additional information.
City Planner Schultz gave a staff report and provided a site map.
Brian Winges, applicant, was present for questions. Mayor Maguire called for comments
from the public. Hearing none, the Mayor returned the conversation to Council for
additional questions and motion.
Councilmember Supina asked how the adjacent townhomes would be notified of the
project, specifically regarding the proposed grading on the townhome property. The
applicant stated an agreement is being drafted and would be reviewed by the City
Attorney.
City Attorney Bauer stated that the scope of review would determine whether the
existing easement is enough to encompass the grading being done. Once executed, the
agreement would become a matter between the property owners.
Councilmember Supina inquired of the building materials on the southwest quadrant of
the building. Mr. Winges indicated he would need to confirm with his architect but would
be addressed with the Final Planned Development.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a
rezoning from Agricultural to Planned Development to allow a memory care and
assisted living facility upon approximately 2.27 acres located at 3305 and 3325
Lexington Avenue. Aye: 5, Nay: 0. Motion carried.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a
preliminary planned development amendment to allow a 32-unit memory care and
assisted living facility upon property located at 3305 and 3325 Lexington Avenue,
subject to the conditions listed in the APC minutes. Aye: 5, Nay: 0. Motion carried.
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January 4, 2022
Page 5
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 Elevations
• Preliminary Landscape Plan
• Preliminary Site Lighting Plan
• Preliminary Signage 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 shall be consistent with the approved Preliminary
Planned Development:
• Final Site Plan
• Final Building Elevations
• Final Landscape Plan
• Final Site Lighting Plan
• Final Signage Plan
3. The Planned Development shall have a term of three (3) years.
4. This Preliminary Planned Development approves a one-story assisted living and
memory care facility with 32 units.
5. The applicant shall manage events that draw visitors to the site in a manner that
avoids an overflow of parking.
6. The building exterior shall be in conformance with City Code standards which
require at least two Class I materials comprising at least 65 percent of the
building and no more than 35 percent Class II and III materials.
7. The trash enclosure shall be designed consistent with City Code standards in
compliance with City Code Section 11.70 Subd. 21.D.7.
8. All signage shall be subject to compliance with the City Sign Code City Code
standards, and a Sign Permit shall be obtained prior to installation of any signs.
9. Site lighting shall be provided in conformance with City Code standards. Fixtures
shall be. downcast and shielded so the source of light is no visible from off the
property, illumination throughout the parking lot should be not less than 0.5
footcandles and shall not exceed 1.0 footcandle at the property line.
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January 4, 2022
Page 6
10. The applicant shall obtain a temporary construction easement or agreement with
the neighboring property owners for any off -site grading, in a form acceptable to
the City Attorney.
11.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.
12. 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-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).
13. Prior to receiving City approval to permit land disturbing activity, the applicant
shall provide to the City with soil borings equally spaced within the footprint of
any proposed infiltration feature, extending a minimum of ten feet below the
bottom of the proposed infiltration excavation with continuous sampling, to
evaluate and ensure suitability for infiltration, including depth to saturated soils
and P200 analysis if SM soils are encountered below the excavation extent. A
minimum of two (2) soil borings must be provided within the footprint of the
underground infiltration chamber system. A minimum of one (1) soil boring must
be provided within each infiltration basin footprint. 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.
14. Prior to receiving city approval to permit land disturbing activity, the applicant
shall provide 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 infiltration basin cross -
sections, construction/protection/inspection notes, infrastructure components
involved, sub -soil testing/loosening, soil media specifics, and
planting/stabilization specifics, to ensure infiltration practices are properly
designed, constructed, planted, and adequately protected during / after
construction to prevent clogging, and able to be properly maintained to function
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January 4, 2022
Page 7
as intended. Infrastructure details shall be included for stable inlets, outlets and
emergency overflows and unobstructed access for inspections and maintenance
of inlets/outlets. Details for basin soil requirements shall include sub -soil
infiltration testing for the infiltration basins following City/MPCA guidelines, sub-
soil ripping of 18-inch depth minimum x 18-inch maximum spacing at over -
excavation prior to soil amendment backfilling, and appropriate soil amendment
criteria. Details for planting and stabilization requirements shall include live
planting at 18-inch on -center spacing of all basin bottom area, seeded or live -
planted side -slopes, and permanent erosion -control details for basin bottom and
side -slopes, etc. These graphical details and notes shall be prominently included
in all applicable plan sheets (e.g. Grading Plan, Utility Plan, Details, 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 basins, including installation of all inlets and
outlets, including contact email and phone number for City Water Resources
Staff.
15. Prior to receiving City approval to permit land disturbing activity, the applicant
shall provide and include in the plan set all underground stormwater infiltration
system details, including that a) an off-line bypass to prevent construction
stormwater from entering the infiltration chambers shall be provided until
drainage area stabilization, b) solid bottom isolator row (appropriately sized) is
provided at any stormwater inlet point into the underground systems, c) no
limestone shall be used below or between the infiltration chambers, d)
unobstructed physical access via manhole will be provided to either end of the
isolator row for inspection and maintenance, e) 10-inch minimum diameter
inspection ports will be provided on all infiltration chamber rows. 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 basins and underground infiltration chamber system,
including over -excavation, installation of pre-treatment structures, inlets, outlets,
sump skimmer hoods, etc. Shop drawings related to the underground stormwater
infiltration chamber system must be provided to the City for review before
installation.
16. 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 0.4-inches per hour (based on 0.2-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 0.4-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
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January 4, 2022
Page 8
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.
17. The applicant shall provide adequately sized pre-treatment structure (e.g. 4 foot
minimum depth sump, 5 foot minimum diameter, with floatable skimmer hood,
energy dissipation, etc.) at, or immediately upstream of, any underground
stormwater infiltration 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.
18. 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.
19. 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.
20. 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, infiltration basins,
underground infiltration chamber gallery, etc.), including soil loosening &
amendment prior to landscaping, conform to design and/or construction plans, as
approved by the City. Photos/video of final inspection of clean underground
infiltration chamber gallery system and contributing storm sewer shall be
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January 4, 2022
Page 9
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.
21. The street, curb and gutter, trail, and boulevard shall be restored in a manner
acceptable to the City Engineer.
22. The applicant shall acquire a separate right-of-way permit for any work within the
Northwood Parkway right-of-way, and a traffic control plan and detour route shall
be prepared in a manner acceptable to the City Engineer.
23. This development shall provide hydrant spacing and locations in accordance with
City Fire Department and Public Works standards.
24. All wells and septic systems shall be abandoned according to Dakota County
standards.
25. The applicant shall enter into an encroachment agreement to allow retaining
walls in a public easement, in a form acceptable to the City Attorney.
26. The applicant shall provide a contractor parking and staging plan prior in a
manner acceptable to the City Engineer, prior to approval of any land disturbing
activities.
27. The adjacent pedestrian trails shall remain open at all times with the exception of
a short period of time where the watermain connection is being made, which will
be addressed in the right-of-way permit.
28. All construction and/or silt fence shall be installed on the back side of the trail and
no closer than two feet from the edge of the trail. Between November 1 and April
1, all fencing shall be located at least five feet from the back side of the trail.
29. For the Final Planned Development, the applicant shall provide a separate
Landscape Plan (trees, shrubs, and other plantings), Tree Mitigation Plan (in
addition to landscaping), and a combined Overall Planting Plan (showing both
mitigation and landscape plant materials).
30.All planting plans shall label all plants materials by type and quantity on the
graphic portion of the plan in addition to the landscape legend.
31. The applicant shall revise the tree inventory to include significant trees as defined
by ordinance (Section 11.30), and to include all significant trees within 15 feet of
the construction grade limits (off site).
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January 4, 2022
Page 10
32. The applicant shall submit a separate Tree Mitigation Plan that shows fulfillment
of the mitigation requirement for staff review and approval prior to Final Planned
Development. Mitigation can be in the form of trees installed, cash dedication, or
a combination of both. If there is not sufficient tree planting space on site, a cash
dedication will be applied to the balance of tree mitigation. The 2022 fee
schedule sets a cash dedication amount of $200 per caliper inch.
33. The applicant shall work with forestry staff to ensure the survival of preserved off -
site trees via:
a. a Performance Guarantee at a rate of $25.00 per caliper inch of all trees
within 15 feet of the construction grade limits; and
b. through the protection of 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.
34. 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.
35. This development is subject to cash park and trail dedication due with the
building permit. The 2022 rate for park dedication is $1,057 per 1,000 square feet
of building area, and $1,451 per net acre for trail dedication.
PLANNED DEVELOMENT AMENDMENT— Trinity School Sign —
Robert Brickweg/Trinity School
City Administrator Osberg introduced the item noting the request is for a Planned
Development Amendment allowing a 12-foot 6-inch pylon sign with dynamic display
located at 601 River Ridge Parkway. Mr. Osberg invited City Planner Schultz to provide
more information and a site map.
City Planner Schultz provided a staff report and a map of the area. Schultz noted a
Planning Commission concern regarding impacts to residents north of 1-494. Staff noted
Planning Commission did recommend approval. Schultz noted the condition prohibiting
operation between 10:00 pm and 6:00 am, adding staff did not foresee impacts to
residents.
The applicant, Bob Brickweg, was present for questions.
Councilmember Bakken asked if the dynamic sign would be visible from 1-494.
Mr. Brickweg noted the sign would be visible from the interstate, adding that the school
currently utilizes banners to indicate open houses. Mr. Brickweg also noted the sign
would capture passing traffic.
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January 4, 2022
Page 11
City Planner Schultz clarified no special exceptions regarding use of the dynamic sign
and limited to 9-inch letters based on the 35 mph speed limits on Ames Crossing and
O'Neil Drive.
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve
a Planned Development Amendment to allow a 12-foot 6-inch pylon sign with
installation of a dynamic LED panel on an existing sign located at 601 River Ridge
Parkway, subject to the conditions listed in the APC (Advisory Planning Commission)
minutes. Aye: 5, Nay: 0. Motion carried.
1. An Amendment to the Final 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. The Agreement shall include the
following exhibits:
• Site Plan
• Sign Plan
• Elevations
2. An administrative Sign Permit shall be obtained from the City prior to installation
of any new signs, or changes to existing signs.
3. A commercial Building Permit shall be obtained for installation of the
dynamic/pylon sign.
4. The dynamic display shall comply with the performance standards outlined in
City Code.
5. Operation of the dynamic display sign shall be from 6:00 a.m. to 10:00 p.m. The
dynamic display will be turned off outside of those hours.
6. The size of both the pylon sign and the dynamic display portion shall not exceed
the dimensions as indicated on the sign exhibit dated October 26, 2021.
7. The pylon sign shall be located as indicated on the Site Plan dated October 26,
2021.
8. The Applicant shall restore all damaged turf grass around the sign after
construction no later than 30 days after completion.
VII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE
There were no Legislative/Intergovernmental affairs items.
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January 4, 2022
Page 12
VIII.ECONOMIC DEVELOPMENT AUTHORITY
There were no EDA items.
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There were no items for the Administrative Agenda.
X. VISITORS TO BE HEARD
There were no visitors to be heard.
XI. ADJOURNMENT
Councilmember Supina moved, Councilmember Fields seconded a motion to adjourn.
Aye: 5, Nay: 0. Motion carried. The meeting was adjourned at 7:24 p.m.