03/17/2015 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
MARCH 17, 2015
A Listening Session was
held at 6:00
p.m. prior to the regular
City Council
meeting. Present were
Councilmembers Fields,
Bakken, and
Tilley. Councilmember
Hansen was
absent.
A regular meeting of the Eagan City Council was held on Tuesday, March 17, 2015 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Bakken, and Tilley.
Councilmember Hansen was absent. Also present were City Administrator Osberg, Assistant City
Administrator Miller, Director of Finance Pepper, Director of Communications Garrison, Director of
Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Director of
Parks & Recreation Johnson, Police Chief McDonald, Fire Chief Scott, City Clerk Scipioni, and Executive
Assistant Stevenson.
AGENDA
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as
presented. Aye:4 Nay:0
RECOGNITIONS AND PRESENTATION
City Administrator Osberg noted it is a pleasure to recognize the combined efforts of DataBank, Dakota
Electric and the City of Eagan who received an award from the Economic Development Association of
Minnesota at the 'Excellence in Economic Development Awards' ceremony held on January 22, 2015 in
Brooklyn Park,
Communications Director Garrison noted last June the City Council approved actions in securing the
commitment of Dallas -based DataBank to open a major new 88,000 square foot data center in Eagan.
Since 2011 it has been a Council goal to secure a specialized data center to Eagan. Garrison introduced
Mark Lofthus of Dakota Electric, who explained the significance of the award. Lofthus presented the
award to Kevin Ooley and Kris Edinger of DataBank, Mayor Maguire and Director of Community
Development Hohenstein of the City.
CONSENT AGENDA
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Consent Agenda
as presented: Aye:4 Nay: 0
A.
It was
recommended to approve
the minutes of March 3, 2015 regular City Council
meeting.
B.
There
were no personnel items.
C.
It was
recommended to approve
the check registers dated February 27 and March 6, 2015,
D.
It was
recommended to approve
the ordinary and customary contract with the Minnesota
Department
of Agriculture and contracts for 2015 Market Fest entertainment.
E.
It was
recommended to schedule
a Public Hearing on April 7, 2015 to consider approval of
public
financing assistance to DataBank
LLC for the development of a colocation data center
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March 17, 2015
2 page
at 3255 Neil Armstrong Boulevard, including an application for a Minnesota Department of
Employment and Economic Development Minnesota Investment Fund forgivable loan.
F. It was recommended to approve pool of Consultant Service providers for lawn mowing,
refuse removal, securing vacant buildings and general maintenance for the collection of
businesses, and authorize the City Planner and /or Senior Code Enforcement Technician as
the signatory for work orders, and to authorize the Mayor and City Clerk to execute all
related documents.
G. It was recommended to approve a Final Plat for Trinity Lone Oak Lutheran Church to create
one lot upon 9.5 acres located at 2950 Highway 55.
H. It was recommended to receive the bids for Contract 15 -06 (2015 City Well Rehabilitation —
Water System Improvements) and award a contract to Bergerson - Caswell Company for the
base bid in the amount of $102,250.00, and authorize the Mayor and City Clerk to execute
all related documents.
I. It was recommended to approve an agreement with the Metropolitan Council for a
Municipal Publicly Owned Infrastructure Inflow & Infiltration Grand Program, and authorize
the Mayor and City Clerk to execute all related documents.
J. It was recommended to receive the bids for Contract 15 -07 (2015 City -wide Sewer Lining —
Sanitary Sewer Improvements), award the contract to Insituform Technologies USA, Inc. for
the Base Bid in the amount of $156,160.80, and authorize the Mayor and City Clerk to
execute all related documents.
K. It was recommended to receive the bids for Contract 15 -08 (Manhole Sealing (Inflow and
Infiltration Mitigation) — Sanitary Sewer Improvements), award the contract to Ess Brothers
and Sons, Inc. for the bid amount of $21,150.00, and authorize the Mayor and City Clerk to
execute all related documents.
L. Item was removed.
M. It was recommended to approve a Joint Powers Agreement with the Dakota County
Transportation Department for Project 1141 (Elrene Road —Street Improvements), and
authorize the Mayor and City Clerk to execute all related documents.
N. It was recommended to approve a Force Account Agreement with the Minnesota
Department of Transportation for Projects 923 and 1011 (Contract 14 -04, TH 55 /TH 149 —
Traffic Capacity and Safety Improvements) and authorize the Mayor and City Clerk to
execute all related documents.
0. It was recommended to approve contracts with consulting engineering firms for General
Municipal and Technical /Specialty Services, and authorize the Mayor and City Clerk to
execute all related documents.
P. It was recommended to approve plans and specifications for Fire Station Four remodel and
authorize advertisement for bid.
Q. It was recommended to approve a resolution authorizing the Mayor and City Clerk to
execute ordinary and customary contracts by electronic signature.
R. It was recommended to approve the 2015 July 4t" fireworks display contract with RES
Specialty Pyrotechnics in the amount of $25,000.00, and authorize the Mayor and City Clerk
to sign all appropriate documents subject to City Attorney approval.
S. It was recommended to authorize the Eagan Rotary Club to place Rotary Club International
signs on specified Welcome to Eagan signs as approved by Public Works staff, Dakota
County or the Minnesota Department of Transportation (MnDOT).
T. It was recommended to adopt a resolution approving an Exempt Permit for the YMCA of the
Greater Twin Cities to conduct a raffle on June 28, 2015 at Cascade Bay, 1360 Civic Center
Drive.
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March 17, 2015
3 page
U. It was recommended to approve a resolution to accept a donation of $386.16 from
Honeywell and $325.00 from Dakota Electric Association for total of $711.16 for the
purpose of purchasing a replacement portable sound system for the Eagan Puppet Wagon
for use at Parks & Recreation community events and to authorize the necessary budget
adjustment and direct the Mayor and City Clerk to sign the appropriate documents.
V. It was recommended to adopt a resolution approving an Exempt Permit for the Eagan
Athletic Association to conduct a raffle on May 8 -10, 2015 at 4201 Lexington Avenue,
W. It was recommended to adopt a resolution approving an Exempt Permit for the Eagan
Athletic Association to conduct a raffle on June 12, 2015 at 1540 Deerwood Drive,
There were no public hearings to be heard.
PUBLIC HEARINGS
OLD BUSINESS
Ordinance Amendment — Bee Keeping
City Administrator Osberg introduced the item noting the Council is being asked to approve an
Ordinance Amendment to allow for bee keeping on single family residential properties subject to the
standards outlined in the draft ordinance, and to approve a resolution establishing a fee for beekeeping
permits.
City Planner Ridley gave a staff report. City Clerk Scipioni was available for questions.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve an ordinance
amendment to Chapter 10 to allow bee keeping on single family residential properties subject to the
standards outlined in the draft ordinance. Aye: 4 Nay: 0
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a resolution
establishing a fee for beekeeping permits. Aye: 4 Nay: 0
Ordinance Amendment — Indoor Shooting Ranges
City Administrator Osberg introduced the item noting the Council is being asked to approve an
Ordinance Amendment to allow for indoor firearms shooting ranges in Industrial Zoned properties
subject to the standards outlined in the draft ordinance, and to approve a resolution establishing fees
for indoor firearms shooting range licenses.
City Planner Ridley gave a staff report.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
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March 17, 2015
4 page
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve an Ordinance
Amendment to Chapters 6, 10 & 11 to allow for indoor firearms shooting ranges in Industrial Zoned
properties subject to the standards outlined in the draft ordinance. Aye: 4 Nay: 0
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a resolution
establishing fees for indoor firearms shooting range licenses. Aye: 4 Nay: 0
NEW BUSINESS
Rezoning and Preliminary Subdivision (Willow Ridge) — Alliant Engineering
City Administrator Osberg introduced the item noting the Council is being asked to approve a rezoning
of five acres from Agriculture, to R -1S Residential Single, on property located at 1085 Wescott Road, a
rezoning from Planned Development, to R -1S Residential Single, on property located at 1055 Wescott
Road, and a preliminary subdivision to create 15 lots upon 10 acres.
City Planner Ridley gave a staff report.
The applicant, Clark Wicklund of Alliant Engineering, was available for questions.
Mayor Maguire opened the public comment. Dan Enders, 3716 Cardinal Way, Steve Wolfrath, 3720
Cardinal Way, and Sue Vruno, 3708 Cardinal Way addressed the Council with their concerns regarding
R -1S zoning, drainage issues, wetlands impact, structure setbacks, loss of privacy, and tree loss. Staff
responded to their concerns. There being no further public comment, the Mayor turned the discussion
back to the Council.
The Council discussed the Rezoning and Preliminary Subdivision. Councilmember Fields stated she
would like to see a condition to provide street flagging of construction vehicles during grading of the
site.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Rezoning from
A, Agricultural, to R -1S, Residential Single — Small Lot upon approximately five acres located at 1085
Wescott Road, north of Wescott Road and east of Lexington Avenue, Aye: 4 Nay: 0
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Rezoning from
PD, Planned Development, to R -1S, Residential Single — Small Lot upon approximately five acres located
at 1055 Wescott Road, north of Wescott Road and east of Lexington Avenue, Aye: 4 Nay: 0
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Preliminary
Subdivision (Willow Ridge) to create 15 lots upon approximately 10 acres located at 1055 and 1085
Wescott Road, north of Wescott Road and east of Lexington Avenue, subject to the following conditions
as amended: Aye: 4 Nay: 0
1. The developer shall comply with these standard conditions of plat approval as adopted by
Council on February 2, 1993: All B1, B2, B3, B4, Cl, C2, C3, C4, E1, F1, G1, H1, 11, L1
2. The property shall be platted.
3. The applicant shall fulfill tree mitigation requirements through the installation of sixty -four (64)
Category A trees.
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March 17, 2015
5 page
4. The applicant shall ensure the survival of preserved trees which are the ones shown on their
plans and trees located on adjacent land 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. Also, a Tree Health Management Plan shall be provided
by the applicant for situations where grade limits encroach into critical root zones of preserved
trees. This plan shall be provided to the City for review and approval prior to any onsite work.
5. 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.
6. The developer shall be responsible for installing and maintaining erosion control measures in
accordance with City engineering standards.
7. The striping on Wescott Road shall be modified to provide an eastbound left turn lane in a
manner acceptable to the City Engineer
8. An encroachment agreement shall be provided for all retaining walls located in drainage and
utility easements in a form acceptable to the City Attorney,
9. 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
(IVINDOT) 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.
10. The applicant shall fully meet Minn. Rules Ch. 8420 (Wetland Conservation Act requirements)
and City Code §11.67 (Wetlands Protection and Management Regulations).
11. This development shall dedicate drainage & utility easements over the storm water basins to
three feet in elevation above the calculated high water level (1% event) of those storm water
facilities, or to two feet in elevation above the calculated high water level (1% event) where
emergency overland flow is provided in accordance with City Engineering standards.
12. The applicant shall provide a minimum of 15- foot -wide unobstructed equipment access path
(without obstructions from grading, private utilities, trees /branches, large shrubs, etc.), from
street -edge to all stormwater facilities' inlets /outlets. The unobstructed equipment access path
shall be capable of supporting typical maintenance / excavation equipment, for periodic
maintenance access to the storm water facilities.
13. This development shall meet the City's Post Construction Requirements (City Code §4.33) for
stormwater management and surface water quality for Runoff Rate Control, Total Phosphorus
(TP) & Total Suspended Solids (TSS) Control, and %2° Volume Control on the site's impervious
surface area.
14. The applicant shall provide adequately sized pre- treatment (forebays, catch basin 4' sumps,
etc.) at, or immediately upstream of, all stormwater management facility inlets (pond) to
provide for effective capture and easily- accessible cleanout of fine -sand sized particles. These
details shall be included in applicable plan sheet(s).
15. Before the city issues any Certificate of Occupancy and /or Stormwater Facility Performance
Security release on the development site, the applicant shall provide the City Engineer as -built
plans that demonstrate that all constructed stormwater conveyance structures and
management facilities (pond, etc.) conform to design and /or construction plans, as approved by
the City. As -built volumes (for detention and retention) shall be provided for the stormwater
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March 17, 2015
6 page
management facilities (pond). 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.
16. The developer shall abandon all existing well and septic systems within the site in accordance
with City and County standards.
17. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
18. The applicant shall submit a proposal /infrastructure plan to be approved by staff to provide
telecommunications fiber to the home (FTTH) or conduit to all homesites to permit third party
providers to install FTTH within the neighborhood. The applicant shall provide such a plan for
review and approval by City staff, for incorporation into the Final Subdivision Agreement,
19. The applicant shall provide a conservation easement, in a form acceptable to the city attorney,
over the wetland buffer areas.
20. This development shall be subject to cash trail dedication based on the net increase of 13
dwelling units. The dedication for residential development shall be payable prior to release of
the final plat for recording at the rates then in effect.
21. The applicant shall provide an encroachment and maintenance agreement for the proposed
landscaping within the public right -of -way (cul -de -sac island), in a form acceptable to the city
attorney.
22. Tree protection fencing shall be placed at the Drip Line or perimeter of the Critical Root Zone of
all offsite trees.
23. The developer shall provide flag service for safety on Wescott Road during grading activity to
the satisfaction of the Department of Public Works.
Comprehensive Guide Plan Amendment (MN Autism Center) —
Ryan Companies US, Inc.
City Administrator Osberg introduced the item noting the Council is being asked to give consideration of
submittal to the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use
designation from Mixed Use to Public /Quasi - Public of 6.5 acres located at 3800 Tesseract Place,
City Planner Ridley gave a staff report.
The applicant, Dan Mueller of Ryan Companies US, Inc., gave a brief background of the organization and
reason for the expansion, and stated he was available for questions.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to direct staff to submit to
the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation
from MU (Mixed Use) to QP (Public /Quasi - Public), upon approximately 6.5 acres generally located west
of 3800 Tesseract Place. Aye: 4 Nay: 0
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March 17, 2015
7 page
Planned Development Amendment — Eagan Outlet Partners, LLC
City Administrator Osberg introduced the item noting when the City Council approved the Planned
Development Amendment for Twin Cities Premium Outlets Paragon it included certain designs of the
screen walls that are along the perimeter of the campus. The applicant is asking for a modification of
the Planned Development.
City Planner Ridley gave a staff report.
Paul Reed, representing Paragon Outlets, explained the original design of the screen wall grills, and the
structural and practical reasons why changes were made to the screen wall grill design during the
construction phase.
Mayor Maguire stated
his concern
of meeting
the architectural
design standards established in the
Planned Development
Agreement,
noting the
proposed design
does not meet those standards.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
The Council discussed the planned development amendment. After further discussion, the Council
consensus was the proposed screen wall did not meet the architectural design and purpose of the
original plans approved as part of the planned development and suggested the developer should
explore other alternatives and bring options back to a future Council workshop for consideration.
Councilmember Fields moved, Councilmember Bakken seconded a motion to continue the Planned
Development Agreement for modification to the screen wall grillwork for property located at 3965
Eagan Outlets Parkway, legally described as Lot 1, Block 1, Paragon Addition to the May 12, 2015 Special
City Council Workshop, and to be included on the May 19, 2015 regular City Council meeting agenda for
formal consideration. Aye: 4 Nay: 0
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative /intergovernmental affairs update.
ADMINISTRATIVE AGENDA
There were no administrative agenda items to be heard.
There were no visitors to be heard.
VISITORS TO BE HEARD
ADJOURNMENT
Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the meeting at 8:15
p.m. Aye:4 Nay:0
City Council Meeting Minutes
March 17, 2015
8 page
Date
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City Clerk