01/21/2014 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
JANUARY 21, 2014
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire and Councilmembers Bakken, Fields, Hansen and Tilley.
A regular meeting of the Eagan City Council was held on Tuesday, January 21, 2014 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and
Tilley. Also present were City Administrator Osberg, Assistant City Administrator Miller, Director of
Communications Garrison, Director of Finance Pepper, Director of Community Development
Hohenstein, City Planner Ridley, Director of Public Works Matthys, Assistant City Engineer Nelson,
Lieutenant Pike, Fire Chief Scott and Executive Assistant Stevenson.
AGENDA
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the agenda as
presented. Aye:5 Nay :0
RECOGNITIONS AND PRESENTATION
There were no recognitions or presentations to be heard.
CONSENT AGENDA
Councilmember Bakken moved, Councilmember Fields seconded a motion to the Consent Agenda as
presented: Aye:5 Nay:0
A. It was recommended to approve the minutes of January 7, 2014 City Council Meeting
as presented.
B. Personnel Items
1. It was recommended to accept the resignation of Jessica Currier, Parks & Recreation
Central Services Aide.
2. It was recommended to approve additional policy language to Section 12 of the
Personnel Policy Manual which addresses Holidays.
3. It was recommended to authorize the Memorandum of Agreement between the City of
Eagan and the Minnesota Teamsters Public and Law Enforcement Employees' Union,
Local 320 — Clerical Employees Unit.
4. It was recommended to approve language revisions to the City's Funeral Policy.
5. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation
and Streets.
C. It was recommended to approve check register dated December 20, 2013, January 3 and
10, 2014.
D. It was recommended to adopt a resolution accepting a donation from an Eagan Citizen and
authorize corresponding budget adjustment.
E. It was recommended to accept a Staffing for Adequate Fire and Emergency Response
(SAFER) grant for weekday firefighter coverage and authorize initiation of the associated
hiring process
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January 21, 2014
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F. It was recommended to approve the 2014 -2018 Vehicles & Equipment Capital Improvement
Plan and 2014 budget within that plan.
G. It was recommended to approve the 2014 -2018 General Facilities Renewal & Replacement
(R &R) Capital Improvement Plan (CIP) and the 2014 budget within that plan.
H. It was recommended to adopt a Resolution accepting a $500.00 donation from Blue Cross
Blue Shield MN that will be used for the Adopt -A- Street Program.
I. It was recommended to receive the bids and award Contract No. 14 -05 (Cliff Road Booster
Station — Pump Addition) to Minger Construction, Inc. in the base bid amount of $45,250.00
and authorize the Mayor and City Clerk to execute all related documents.
J. It was recommended to receive the Petition to Vacate a portion of a public drainage and
utility easement located on Lot 6, Block 1 Whispering Woods and schedule a Public Hearing
o be held on February 18, 2014.
K. It was recommended to receive the Petition to Vacate portions of public drainage & utility
easements located on Lots 1 through 6, Block 3, Dakota Path and schedule a Public Hearing
to be held on February 18, 2014
L. It was recommended to approve the final payment for Contract No. 13 -22 (Large Water
Meter Testing) to M.E. Simpson Company Inc., in the amount of $14,800.00, and accept the
improvements for perpetual City maintenance subject to warranty provisions.
M. It was recommended to approve the plans and specifications for Contract No. 14 -10 (2014
City -Wide Sanitary Sewer — I &I Reduction) and authorize the advertisement for a bid
opening to be held at 11:00 a.m. on Wednesday, February 5, 2014, at the Utility Building,
located at 3419 Coachman Point, Eagan, MN 55122.
N. It was recommended to approve the plans and specifications for Contract No. 14 -11, (City -
Wide Inflow & Infiltration Mitigation, Part 1— Sanitary Sewer Improvements) and authorize
the advertisement for a bid opening to be held at 11:30 a.m. on Wednesday, February 5,
2014.
0. It was recommended to approve the plans and specifications for Contract No. 14 -12 (City-
Wide Inflow & Infiltration Mitigation, Part 2 —Sanitary Sewer Improvements) and authorize
the advertisement for a bid opening to be held at 12:00 p.m. on Wednesday, February 5,
2014,
P. It was recommended to adopt a resolution accepting a donation from the Eagan Citizen's
Crime Prevention Association and authorize a corresponding budget adjustment.
Q. Item was removed.
R. It was recommended to approve a resolution to accept donations for Market Fest from
Think Mutual Bank ($7,500) and Dakota County Library ($750) and to authorize the
necessary budget adjustment.
S. It was recommended to authorize a letter of support to Dakota County for the Big Rivers
Regional Trail, from Interstate 494 to Lone Oak Road (Transportation Alternatives Program
(TAP) Grant Application).
PUBLIC HEARINGS
PROJECT 1140, STONEBRIDGE PONDS STREET IMPROVEMENTS
City Administrator Osberg introduced the item noting on December 3, 2013, the feasibility report
for Project 1140 was presented to the City Council and a Public Hearing was scheduled for January
7, 2014 to formally present and discuss the report with the adjacent property owners. On January
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January 21, 2014
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7, the Public Hearing was continued by the City Council to January 21, 2014. Public Works Director
Matthys noted since 1990, the City has implemented a comprehensive Pavement Management
Program that provides timely pavement rehabilitation to our local streets. Assistant City Engineer
Nelson gave a staff report.
Mayor Maguire opened the public hearing. There being no public comment, Mayor Maguire turned the
discussion back to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve Project 1140
(Stonebridge Ponds —Street Improvements) as presented and authorize the preparation of detailed
plans and specifications. Aye: 5 Nay: 0
PROJECT 1139, OAKWOOD HEIGHTS 2nd ADDITION STREET IMPROVEMENTS
City Administrator Osberg introduced the item noting on December 3, 2013, the feasibility report
for Project 1139 was presented to the City Council and a Public Hearing was scheduled for January
7, 2014 to formally present and discuss the report with the adjacent property owners. On January
7, the Public Hearing was continued by the City Council to January 21, 2014. Assistant City Engineer
Nelson gave a staff report.
Mayor Maguire opened the public hearing. There being no public comment, Mayor Maguire turned the
discussion back to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve Project 1139
(Oakwood Heights 2nd Addition — Street Improvements) as presented and authorize the preparation of
detailed plans and specifications. Aye: 5 Nay: 0
PROJECT 1137, ALDEN POND STREET IMPROVEMENTS
City Administrator Osberg introduced the item noting on December 3, 2013, the feasibility report
for Project 1137 was presented to the City Council and a Public Hearing was scheduled for January
7, 2014 to formally present and discuss the report with the adjacent property owners. On January
7, the Public Hearing was continued by the City Council to January 21, 2014. Assistant City Engineer
Nelson gave a staff report.
Mayor Maguire opened the public hearing. There being no public comment, Mayor Maguire turned the
discussion back to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve Project 1137
(Alden Pond —Street Improvements) as presented and authorize the preparation of detailed plans and
specifications. Aye:5 Nay:0
2014 CALENDAR YEAR CITY ORGANIZATION BUSINESS
City Administrator Osberg noted that organizational business is considered at the second regular
City Council meeting in January. The following items were acted on:
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January 21, 2014
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ACTING MAYOR
Mayor Maguire moved, Councilmember Bakken seconded a motion to appoint Councilmember
Fields as Acting Mayor. Aye: 5 Nay: 0
OFFICIAL LEGAL NEWSPAPER
Motion was made by Councilmember Fields, seconded by Councilmember Tilley to approve
retention of the Sun Thisweek Newspaper as the City of Eagan's official legal newspaper. Aye: 5
Nay: 0
CITY COUNCIL MEETING SCHEDULE
Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve the 2014
meeting scheduled as presented noting the alternate dates. Aye: 5 Nay: 0
2014 SCHEDULE OF REGULAR CITY COUNCIL MEETINGS
(Including January 2015 meetings)
JANUARY 7
MAY 20
OCTOBER 7
JANUARY 21
JUNE 3
OCTOBER 21
FEBRUARY 3 1Monday
JUNE 17
NOVEMBER 5 4 Wednesday
FEBRUARY 18
JULY 1
NOVEMBER 18
MARCH 4
JULY 15
DECEMBER 2
MARCH 18
AUGUST 4 3 Monday
DECEMBER 16
APRIL 1
AUGUST 19
JANUARY 6, 2015
APRIL 16 2 Wednesday
SEPTEMBER 2
JANUARY 20, 2015
MAY 6
SEPTEMBER 16
'Monday, February 3 due to Caucus Night
2Wednesday, April 16 due to Passover
3Monday, August 4 due to National Night Out
4Wedneday, November 5 due to the General Elections
There will be a Listening Session at 6:00 p.m. before each regular Council meeting.
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January 21, 2014
5 page
2014 SCHEDULE OF SPECIAL CITY COUNCIL MEETINGS,
WORKSHOPS AND FIRST JANUARY 2015 MEETING
JANUARY 14
JANUARY 28
(Council Retreat)
FEBRUARY 11
FEBRUARY 25 (tentative)
MARCH 11
MARCH 25 (tentative)
APRIL 8
APRIL 22 (tentative)
MAY 13
MAY 27 (tentative)
JUNE 10
JUNE 24 (tentative)
JULY 8
JULY 22 (tentative)
AUGUST 14 1 Thursday
AUGUST 26 (tentative)
SEPTEMBER 9
SEPTEMBER 23 (tentative)
1Thursday, August 14 due to Primary Elections
2Wedneday, November 12 due to Veterans Day
OCTOBER 14
OCTOBER 28 (tentative)
NOVEMBER 122 Wednesday
NOVEMBER 25 (tentative)
DECEMBER 9
No tentative meeting the
week of Christmas
JANUARY 13, 2015
JANUARY 27, 2015
(tentative)
CITY COUNCIL MEETING PROCEDURES
Councilmember Hansen moved, Councilmember Fields seconded a motion to acknowledge
Robert's Rules of Order as the means to conduct official business at all regular City Council
meetings, and approve the guidelines for public participation in City Council meetings.
Aye:S Nay:O
Councilmember Hansen moved, Councilmember Tilley seconded a motion to formally ratify the
practice that at least two members of the City Council must make the request of the City
Administrator to place an item on an upcoming City Council agenda. Aye: 5 Nay: 0
STANDING COMMITTEE APPOINTMENTS / REPRESENTATIVE APPOINTMENTS
Councilmember Fields moved Councilmember Tilley seconded a motion to ratify the appointed
members of Council standing committees, intergovernmental committees and other appointments
as presented. Aye: 5 Nay: 0
Standing Committees:
Finance Committee - Mayor Maguire and Councilmember Bakken
Public Works Committee - Councilmember Fields and Councilmember Bakken
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January 21, 2014
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Personnel Committee - Mayor Maguire and Councilmember Fields
Communications Committee - Councilmember Tilley and Councilmember Hansen
Advisory Commission Liaisons:
Advisory Parks and Recreation Commission - Councilmember Tilley
Advisory Planning Commission — Councilmember Hansen
Airport Relations Committee — Councilmember Fields
Energy and Environment Advisory Commission — Councilmember Bakken
Intergovernmental Committee Appointments:
Minnesota Valley Transit Authority Board — Councilmember Hansen (Assistant Finance Director
Feldman as alternate)
Municipal Legislative Commission Board — Mayor Maguire
Monthly Mayor /Manager Breakfasts — Mayor Maguire
DCC 2013 -2014 Board - Councilmember Hansen (Councilmember Fields as alternate)
DCC 2013 -2014 Executive Board — City Administrator Osberg (Assistant City Administrator Miller as
alternate)
MSP Noise Oversight Committee — Councilmember Fields (Assistant City Administrator Miller as
alternate)
Eagan Convention and Visitors Bureau — Mayor Maguire
Robert Street Corridor Steering Committee - Councilmember Tilley (City Administrator Osberg
as alternate)
Robert Street Corridor Technical Advisory Committee (TAC) — Director of Public Works Matthys
(Community Development Director Hohenstein as alternate)
Caponi Art Park Board — Parks and Recreation Director Seydell Johnson
Highway 77 Managed Lane /Cedar Grove Transit Access Policy Advisory Committee (PAC) - Mayor
Maguire (City Administrator Osberg as alternate)
Highway 77 Managed Lane /Cedar Grove Transit Access Staff and Technical Advisory Committee
(SAC & TAC) - Director of Community Development Hohenstein and Director of Public Works Matthys
Other (No appointment by City Council — information only):
Testimony at Legislature — all as needed
Breakfast with Mayor / Chamber of Commerce — Mayor Maguire
LMC & Metro Cities Policy Advisory Committees — Councilmember Hansen
Fire Relief Association Board of Trustees — Mayor Maguire, Fire Chief Scott and Director of
Finance Pepper
Mayor Maguire congratulated Councilmember Hansen on his two years as the MVTA Board Chair and his
continued service on the Board. Councilmember Hansen also mentioned that he is currently Chair of
the Suburban Transit Authority. City Administrator Osberg noted Councilmember Hansen was recently
appointed to the Transportation Advisory Board through Metro Cities.
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January 21, 2014
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OLD BUSINESS
There were no old business items to be heard.
NEW BUSINESS
PRELIMINARY SUBDIVISION (GREAT OAKS 2M ADDITION) — MARK GERGEN & ASSOCATIONS
City Administrator Osberg introduced the item noting the Council is being asked to consider a
preliminary subdivision located at 3535 Elrene Road. The existing single - family home was
constructed in 1957, and the surrounding property was developed in the early 1990's. Osberg
noted the site contains a single family home and two detached accessory structures with a single
driveway access from Elrene Road. The existing structures are proposed to be removed. City
Planner Ridley gave a staff report.
The applicant, Mark Gergen, was present and available for questions.
The Council discussed the preliminary subdivision.
Mayor Maguire asked if anyone in the audience would like to comment on the preliminary subdivision.
Carol Scherbarth for the Great Oaks Homeowners Association address the Council with her concerns
with additional driveways on Great Oaks Trail and the easement for the monument sign at the entrance
on Great Oaks Trail and Elrene Road. There being no further public comment, Mayor Maguire turned
the discussion back to the Council.
After further discussion the Council was in agreement to add a condition to address the easement
for the monument sign.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Preliminary
Subdivision to create five lots upon 2.46 acres for property located at 3535 Elrene Road, subject to the
following conditions: Aye: 4 Nay: 1 ( Councilmember Bakken opposed)
1. The developer shall comply with these standards conditions of plat approval as adopted by
Council on February 2, 1993: Al, 61, 132, B3, B4, C1, C2, D1 and E1
2. The property shall be platted.
3. The construction of the single - family homes shall meet the sound attenuation requirements per
the Metropolitan Council Transportation Policy Plan.
4, The Site Plan shall be revised for Final Subdivision to reflect the required 40' setback from Elrene
Road.
5. All driveways onto Elrene Road shall include hammer -head turnarounds, in a form acceptable to
the City Engineer, so vehicles do not need to back onto Elrene Road.
6. 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
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January 21, 2014
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have received Erosion /Sediment Control Inspector /Installer certification through the University of
Minnesota, or approved equal training as determined by the City Engineer.
7. The applicant shall fully meet Eagan's Post Construction Requirements (City Code §4.33) on -site
for stormwater management (i.e. volume control, pollutant removal, and runoff rate control).
8. The applicant shall obtain a grading permit from the City prior to the construction of the proposed
residential development. Detailed plans for this grading work must be prepared and signed by a
registered professional engineer.
9. Prior to final subdivision approval or receiving a grading permit, the applicant shall provide
construction details of any proposed stormwater best management practices (BMP's) for City
review (delineation of contributing impervious area(s), plan view; cross - section, construction
/protection /sequencing, sizing /volume tables, inlet details, outlet /under -drain details, planting
details, etc.), to ensure stormwater BMP's are properly designed and constructed, and adequately
protected during / after construction, to function as intended. These details shall be included in
applicable plan sheet(s).
10. Prior to final subdivision approval or receiving a grading permit, if stormwater management
practices are proposed that will utilize filtration or infiltration, and have an impervious
contributing drainage area of over 2,000 square feet, the applicant shall provide the City with soil -
boring log(s) (extending 15' min. below bottom of excavation) within the location of any proposed
stormwater management feature(s), to evaluate suitability for infiltration. For any
filtration /infiltration practices that will receive impervious runoff from less than 2,000 square feet,
a soil boring log (extending 6' min. below bottom of excavation) shall be provided. If the soil -
boring log(s) indicates incompatibility of soil permeability with the submitted and reviewed design
plans, the applicant shall revise the design and /or construction plans, and provide to the City for
review /comment /revision, to ensure City Code Section 4.33 requirements are met.
11. Prior to final subdivision approval or receiving a grading permit, the applicant shall provide the
City with volume control calculations (for each volume control BMP proposed) to demonstrate %"
retention, and water - quality modeling (comparison summary & inputs) to demonstrate no -net-
increase of annual TP & TSS loading over existing conditions.
12. Prior to final subdivision approval or receiving a grading permit, the applicant shall provide the
City with hydrologic modeling (comparison summary & inputs) to demonstrate no- net - increase of
runoff rates (2 yr, 10 yr, 100 yr, 24 -hr) over pre - development conditions.
13. Prior to final subdivision approval or receiving a grading permit, a private drainage easement shall
be provided over all storm water quality features, in a form acceptable to the City Attorney
14. Prior to final subdivision approval or receiving a grading permit, the applicant shall enter into a
long -term stormwater facility inspection and maintenance agreement, in a form acceptable to the
City Attorney, that is transferrable to any subsequent property owners.
15. Within 30 -days of completion of final grading, the applicant shall provide the City as -built plans
that demonstrate constructed stormwater facilities conform to design and /or construction plans,
as approved by the City. As -built volumes of retention shall be provided for all stormwater
facilities.
16. All well and septic systems within the development shall be abandoned in accordance with City
and County standards.
17. This development shall be responsible for the acquisition of all regulatory agency permits required
by the affected agency prior to building permit approval.
18. The overhead power facilities serving the existing house shall be removed along with
development.
19. The applicant shall protect the preserved woodlands and individual tree's critical root zones
through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4
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January 21, 2014
9 page
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.
20. The applicant shall contact the City Forestry Division and set up a pre- construction site inspection
at least five days prior to issuance of the grading permit, or commencing of tree removal or
grading activity, to ensure compliance with the approved Tree Preservation Plan and placement of
the Tree Protection Fencing.
21. In accordance with City Code, an Individual Lot Tree Preservation Plan shall be provided for Lots 1
- 5 at the time of Building Permit application. The applicant shall work with the City Forester to
maximize preservation and minimize impacts to specimen and significant trees through the design
and construction process for the individual lots.
22. A financial guarantee shall be provided in accordance with City Code, which provides the amount
shall be calculated by multiplying the total diameter inches of significant trees and specimen trees
to be preserved within 15 feet of the construction zone (measured from the construction unit to
the nearest side of the tree), by the rate of payment of $25.00 per diameter inch. Any preserved
tree which subsequently dies or is damaged such that it is in a state of decline within one year
from date of project closure shall be considered as removed and mitigated per City ordinance.
23. This development shall provide a cash park dedication for five lots, payable at the time of final
subdivision at the rates then in effect.
24. This development shall provide a cash trail dedication for five lots, payable at the time of final
subdivision at the rates then in effect.
25. The applicant shall provide an easement to the Great Oaks Homeowners Association to provide
for the maintenance of the existing signage at the entrance of Great Oaks Trail from Elrene Road.
26. The applicant shall remove the existing structures from the site prior to the final subdivision
approval.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative /intergovernmental affairs update to be heard.
ADMINISTRATIVE AGENDA
DIRECTOR OF COMMUNITY DEVELOPMENT
Director of Community Development Hohenstein noted the August 14th opening of Paragon Outlet
Center and that 85 of the 100 stores have been leased.
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
7:50 p.m. Aye: 5 Nay: 0
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January 21, 2014
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