10/20/2015 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
OCTOBER 20, 2015
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, and Hansen. Councilmember Tilley was absent.
A regular meeting of the Eagan City Council was held on Tuesday, October 20, 2015 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire and Councilmembers Bakken, Fields, and
Hansen, Councilmember Tilley was absent. 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, Police
Chief McDonald, Fire Chief Scott, and Executive Assistant Stevenson.
Mayor Maguire noted on October 9th Tony Caponi passed away at age 94. Tony was an artist, poet,
professor and sculptor who envisioned and created the Caponi Art Park in Eagan. Mayor Maguire
passed along sympathies to the family.
AGENDA
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve the agenda as
amended. Aye:4 Nay:0
RECOGNITIONS AND PRESENTATION
Recognize the Retirement of Detective Dave Bork
for his twenty-two years of service to the citizens of Eagan
Police Chief McDonald recognized Dave Bork for his 22 years of service to the citizens of Eagan and
presented him with a plaque in appreciation of his service.
CONSENT AGENDA
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent
Agenda as amended: Aye: 4 Nay: 0
A. It was recommended to approve the minutes of October 6, 2015 City Council meeting
as presented or modified.
B. Personnel Items
1. It was recommended to approve the hiring of the following seasonal and part-time
employees: Joseph Ahlstrom, Andrew Frankenfeld, Tyler Haege, Thomas Horton, Scott
Ingalsbe, Andrew Klees, Charles Krengel, Tyler Ostman, Mitchell Williams, Garrett
Runing, Thomas Schoenecker, Cameron Jackson, Robert Lundeen, Carli Bruckmueller,
Taylor Anderson, Aliona Durig, Wyatt Jones, Hannah Keuler, Quinn Las, Sara Morse,
Megan Olson, Sarah Phillips, Katherine Rhone, Nathan Rock, Rosalinda Rosales,
Augustina Teuber.
C. It was recommended to ratify the check register dated October 2 and 9, 2015 as
presented.
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October 20, 2015
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D. There were no contracts to consider at this time.
E. Pulled for further discussion.
F. It was recommended to approve a Final Subdivision (Preusse 3rd Addition) to relocate a
shared boundary for properties located at 4131 and 4141 Old Sibley Memorial Highway.
G. It was recommended to approve an extension to the Interim Use Permit approval for
property located at 1440 Duckwood Drive.
H. It was recommended to direct preparation of an Alternative Urban Area -wide Review for the
194 acre area in northeast Eagan bounded by Lone Oak Parkway, 1-494 and Ames Crossing
Road.
I. It was recommended to approve a resolution to accept a donation from Jon Anderson of
100 artist canvases, valued at $15,000 in memory of Jon's sister Susan Anderson Kimm.
J. It was recommended to receive the Final Assessment Roll for Project 1163 (Pines Edge 1St
Addition —Street Improvements) and schedule a Public Hearing to be held on November 17,
2015.
K. It was recommended to receive the Final Assessment Roll for Project 1164 (Red Pine Lane,
TH 3 to Weston Hills Drive—Street Improvements) and schedule a Public Hearing to be held
on November 17, 2015.
L. It was recommended to receive the Final Assessment Roll for Project 1159 (Duckwood Drive,
Denmark Avenue to Lexington Avenue — Street Improvements) and schedule a Public
Hearing to be held on November 17, 2015.
M. It was recommended to receive the Final Assessment Roll for Project 1167 (Thomas Lake
Road, Cliff Road to Diffley Road —Street Improvements) and schedule a public hearing to be
held on November 17, 2015.
N. It was recommended to receive the Final Assessment Roll for Project 1170 (Wilderness Run
Road —Street Improvements) and schedule a public hearing to be held on November 17,
2015.
0. It was recommended to receive the Final Assessment Roll for Project 1175 (Northwood
Parkway & Promenade Avenue — Street Improvements) and schedule a public hearing to be
held on November 17, 2015.
P. It was recommended to approve a resolution in support of Dakota County's draft 5 -year
Transportation Capital Improvement Program for 2016-2020.
Q. It was recommended to reject all bids for Contract 15-23, Well No. 3 restoration, and
authorize the rebidding of the contract in 2016.
R. It was recommended to approve Change Order No. 1 to Contract 15-01 (Citywide Street
Improvements) and authorize the Mayor and City Clerk to execute all related documents.
S. It was recommended to approve Change Order No. 1 to Contract 15-02 (Citywide Street
Improvements) and authorize the Mayor and City Clerk to execute all related documents.
T. It was recommended to approve the final payment for Contract 15-14 (Black Hawk Middle
School/Deerwood Elementary Water Quality Improvements) in the amount of $1,288.95 to
Mark's Bobcat Service, Inc. and accept the improvements for perpetual City maintenance
subject to warranty provisions.
U. It was recommended to approve the final payment for Contract 15-18 (Deerwood
Elementary Water Quality Improvements) in the amount of $665.00 to Minnesota Dirt
Works, Inc., and accept the improvements for perpetual City maintenance subject to
warranty provisions.
V. It was recommended to approve the final payment for Contract 15-21 (LeMay Lake Alum
Treatment) in the amount of $71,777.00 to HAB Aquatic Solutions, LLC.
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October 20, 2015
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W. It was recommended to approve the final payment for Contract 15-22 (Citywide Traffic
Signal Painting) in the amount of $13,100.00 to OLS Restoration, Inc., and accept the
improvements for perpetual City maintenance subject to warranty provisions.
X. It was recommended to approve a resolution of support for Dakota County's 10 -Ton Route
Designation for CSAH 28 (Yankee Doodle Road), CSAH 31 (Pilot Knob Road) and CSAH 32
(Cliff Road) within Eagan.
Y. It was recommended to approve a Master Partnership Contract with the Minnesota
Department of Transportation (MnDOT), authorize the Mayor and City Clerk to execute all
related documents, and delegate authority to the City Engineer to enter into subsequent
Work Order Contracts as needed.
Z. It was recommended to approve the Master Water Stewards Program Partnership with
Freshwater Society, authorize the Mayor and City Clerk to execute all related documents,
and designate the Water Resources Manager, or his designee, to oversee and manage the
program.
AA. It was recommended to cancel the Public Hearing to vacate a public street easement known
as Kingswood Ponds Road (Document No. 1457939) scheduled to be held on November 2,
2015.
BB. It was recommended to approve the 2015-2016 Airport Relations Commission Work Plan.
CC. It was recommended to receive the Final Assessment Roll for Project 1141 (Elrene Road,
Yankee Doodle Road to Trails End Road —Street Improvements) and schedule a public
hearing to be held on November 17, 2015.
DD. It was recommended to approve a telecommunication lease amendment with T -Mobile
Central LLC, for antenna upgrade installations on a designated water reservoir site and
authorize the Mayor and City Clerk to execute all related documents.
Mayor Maguire pulled Item E. to Approve a Resolution to accept a donation from Eagan Lions Club in
the amount of $10,000 for Old Town Hall improvements for further discussion. Pat Geagan with the
Eagan Lions Club presented the Council with a $10,000 check for Old Town Hall improvements. The
Council thanked the Eagan Lions Club for the donation.
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a resolution to
accept a donation from the Eagan Lions Club in the amount of $10,000 for the renovation and
restoration of the Historic Eagan Old Town Hall. Aye: 4 Nay: 0
PUBLIC HEARINGS
Intent to Issue Bonds to Finance Projects in the 2016-2020 Facilities Capital
Improvement Plan
City Administrator Osberg introduced the item noting the Council is being asked to conduct the public
hearing tonight. Osberg noted at its August 3 meeting, the City Council adopted the 2016-2020 Facilities
Capital Improvement Plan comprised of the New Fire Station 1, to be constructed in 2016, and Central
Maintenance facility expansion/remodel, to be constructed in two phases in 2016 and 2018, and City
Hall and Police facility expansion/remodel, to be constructed in 2018. At its September 15, 2015
meeting, the Council set October 20, 2015 as the date for the public hearing on its intent to finance the
2016 projects by issuing capital improvement bonds.
Finance Director Pepper gave a staff report.
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October 20, 2015
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Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing
and approve a resolution indicating the intent to authorizing issuance of up to $8,500,000 in bonds to
finance the 2016 projects in the 2016-2020 Facilities Capital Improvement Plan. Aye: 4 Nay: 0
Approve Final Assessments for Project No. 1074 (Braun Sunrise Addition),
Project No. 1166 (St. Charles Wood), Project No. 1123 (Cedar Heights),
Project No. 1168 (Waters Edge) Street Improvements
Director of Public Works Matthys noted Project No. 1074, Project No. 1166, Project No. 1124,
and Project No. 1168 were mill and overlay projects in residential neighborhoods. The Final
Assessment Rolls were presented to the City Council on September 15, 2015, with a public
hearing scheduled for October 20, 2015. Matthys noted all notices have been published in the
legal newspaper and sent to the affected property owners informing them of this public
hearing.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Bakken moved, Councilmember Fields seconded a motion to close the public hearing
and approve the Final Assessment Roll for Project No. 1074 (Braun Sunrise Addition), Project No. 1166
(St. Charles Wood), Project No. 1123 (Cedar Heights), Project No. 1168 (Waters Edge) Street
Improvements and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0
OLD BUSINESS
There were no old business items to be heard.
NEW BUSINESS
Preliminary Subdivision — Laugen Legacy / Deena Laugen — A Preliminary
Subdivision to create 2 Single Family Lots Located at 1365 Deerwood Drive
City Administrator Osberg introduced the item noting the property was platted in 1996 and contains a
single family home with an attached garage and a shed. The Council is being asked to approve a
Preliminary Subdivision to create 2 lots upon approximately 0.92 acres located at 1365 Deerwood Drive.
City Planner Ridley gave a staff report and provided a site map.
Deena Laugen, the applicant, was available for questions.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
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October 20, 2015
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Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Preliminary
Subdivision (Laugen Legacy) to create 2 lots upon approximately 0.92 acres located at 1365 Deerwood
Drive subject to the following conditions: Aye: 4 Nay: 0
1. The property shall be platted.
2. This development shall be responsible for a cash park and trails dedication based on the rates in
effect at the time of Final Subdivision for the newly created lot.
3. An individual lot tree preservation plan shall be submitted at the time of building permit
application for Lot 1, Block 1.
4. A cash dedication in lieu of on-site water quality ponding shall be required for this development,
consistent with City policies and City Code §4.34.
5. The development shall receive Final Subdivision approval prior to Building Permit issuance.
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 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 driveway to the new house shall include a hammerhead turnaround so vehicles do not need
to back onto Deerwood Drive.
8. The developer shall obtain all outside agency permits as necessary for completion of the site
improvements.
9. The developer or builder shall restore the street, curb and gutter, and boulevard in a manner
acceptable to the City Engineer, and provide traffic control in accordance with the Minnesota
Manual of Traffic Control Devices.
10. The developer shall comply with these standards conditions of plat approval as adopted by
Council on February 2, 1993: Al, B1, C1, C2, E1, F1 and G1.
Preliminary Subdivision and Conditional Use Permit — Wyatt Sharing and Caring /
Peter Deanovic — A Preliminary Subdivision of approximately 33 acres to create 3 lots
and a Conditional Use Permit for outdoor storage located at 510 Lone Oak Road
City Administrator Osberg introduced the item noting on July 7, 2015, the City Council approved a
Comprehensive Guide Plan Amendment to change the land use designation from Office/Service to
Industrial and a rezoning from Agriculture to 1-1, Limited Industrial. The City Council also approved a
wetland replacement plan for the site on August 18, 2015. Osberg noted the Council is being asked to
approve a Preliminary Subdivision to create 3 lots upon approximately 33 acres located at 510 Lone Oak
Road, and a Conditional Use Permit to allow outdoor storage of up to 20 semi -trailers on Lot 2, Block 1,
Gateway Business Park.
City Planner Ridley gave a staff report and provided a site map.
Peter Deanovic, the applicant, was available for questions.
The Council discussed the Preliminary Subdivision and Conditional Use Permit request.
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October 20, 2015
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Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Preliminary
Subdivision (Gateway Business Park) to create 3 lots upon approximately 33 acres located at 510 Lone
Oak Road, subject to the following conditions: Aye: 4 Nay: 0
1. The applicant shall comply with these standards conditions of plat approval as adopted by
Council on February 2, 1993: Al, B1, B2, B3, B4, C1, C2, C3, C4, E1, F1, G1, H1 and 11.
2. The property shall be platted.
3. All typical Bulk Standards (building setbacks, building height and coverage, parking, green space,
etc.) will be required to be met on a lot by lot basis.
4. All building and ground signage shall meet the City's Sign Ordinance standards found in the City
Code.
5. All buildings shall meet Code standards for exterior materials and exhibit four-sided
architecture. All buildings should have the same architectural treatments on all sides.
6. Detailed elevations are required at the time of Building Permit for each lot/building. All buildings
in the development should utilize the same architectural finish materials and features.
7. All rooftop and ground -mounted mechanical equipment shall be screened. The building
architecture shall provide parapet walls with a 30" minimum height to provide screening of
rooftop equipment. The elevation plans shall also indicate that equipment will be placed 20'
from the edge of buildings as required by City Code, and depicted on final drawings for Building
Permit.
8. Where an outdoor trash/recycling enclosure is proposed, the enclosure shall be constructed of
materials to match the principal structure, not less than 6' in height nor more than 10' in height,
with gates having not less than 90% opacity. The enclosure shall also be of a size that can
accommodate both trash and recyclable container storage for all building tenants.
9. A revised Preliminary Landscape Plan shall be submitted that removes Tree Preservation
mitigation trees. A Landscape Plan shall be prepared for each lot with the Building Permit
submittal.
10. All lighting utilized shall be shielded so the source of light is not visible from off the property and
to prevent glare. All parking lot lighting should provide a minimum of 0.5 footcandles
throughout, with an average to minimum ratio of not more than 4. A Lighting Plan will be
required to be submitted with the Building Permit for each lot
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. The developer shall obtain temporary construction easements for all off-site work.
13. All retaining walls shall be located outside of drainage and utility easements.
14. The developer shall provide private maintenance agreements for the storm sewer, the
underground stormwater chamber, and infiltration basins serving the development, in a form
acceptable to the City Attorney, prior to release of the plat for recording.
15. This development shall meet the City's Post Construction Stormwater Management
Requirements (City Code §4.34) for stormwater management and surface water quality,
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including Runoff Rate Control and 1.1" Volume Control on the site's new and fully -reconstructed
impervious surface area (including effective soil remediation for the site's disturbed soils that
are to be revegetated).
16. Prior to issuance of a Building Permit, the applicant shall provide the City with soil boring logs
from a minimum of four soil -borings within any proposed infiltration area, extending a minimum
of 10' below the bottom of the proposed infiltration feature, to evaluate and ensure suitability
for infiltration. If the soil boring logs indicate incompatibility of existing sub -soil permeability
with the submitted and reviewed design plans for meeting volume control requirements, the
applicant shall revise the design and/or construction plans (e.g. over-excavation/soil-
amendment depth, etc.) to ensure volume control requirements are fully met, to the
satisfaction of the City Engineer.
17. Prior to issuance of a Building Permit, the applicant shall provide construction details of
proposed infiltration practices for City review (cross-sections, construction
sequencing/protection, sizing/volume tables, details for stable inlets, overflows, outlets,
maintenance access areas to inlets/outlets, soil amendment criteria, planting plans/details, etc.,
to the satisfaction of the City Engineer), to ensure infiltration practice and swale are properly
designed and constructed, adequately protected during / after construction, 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, Utility & Landscape plans).
18. Prior to issuance of a Building Permit, the applicant shall provide detailed Soil Management
Strategies for City review, and acceptable to the City Engineer, that provide for assurances that
at final grading any disturbed areas that are to be revegetated will have protected and/or
restored soil permeability to non -compacted soil conditions within the top 12 -inches, to comply
with Volume Control requirements. These graphical details and notes shall be included in the
Stormwater Management Plan and prominently included in all applicable plan sheets (e.g.
Grading & Landscape plans). Prior to installation of any irrigation system, City Water Resources
staff shall be notified and provided opportunity to inspect soil remediation areas for compliance.
19. Prior to issuance of a Building Permit, the applicant shall enter into a long-term stormwater
management system maintenance agreement with the City, detailing the inspection and
maintenance required to ensure proper operation and performance of the permanent
stormwater management system, in a form acceptable to the City Attorney.
20. During any infiltration practice over -excavation and sub -soil work, in infiltration basins and
subsurface infiltration gallery system, the applicant shall ensure that a Certified Soil Scientist will
be present to verify and document that infiltration practice area sub -soils are suitable for a
saturated condition infiltration rate of 0.8 -inch per hour or greater (but less than 8.0 -inch per
hour). If the sub -soil infiltration rates are less than 0.8 -inch 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) as necessary (e.g. over-excavation/soil-amendment depth, etc.) to ensure volume
control requirements are fully met. At completion of final grading within any infiltration basin,
but prior to planting, the applicant shall ensure that a soil scientist will be present to verify and
document that the infiltration practice, at final grade, is suitable to infiltrate a minimum of 0.8 -
inch per hour or greater in saturated conditions across the entirety of the basin (not including
any forebay area). Documentation shall be provided to the City within 48 -hours after infiltration
testing.
21. Before the city issues a Certificate of Occupancy on the development site, the applicant shall
provide the City Engineer as -built plans that demonstrate that all constructed stormwater
conveyance structures, stormwater management facilities (sumps, infiltration basins, subsurface
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October 20, 2015
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gallery, etc.), and soil management strategies conform to design and/or construction plans, as
approved by the City. As -built volumes (for retention) shall be provided for the infiltration
practices. Documentation shall be provided to verify soil management strategy compliance.
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.
22. A 15 -foot -wide minimum unobstructed equipment access path (without obstructions from
grading, private utilities, trees, large shrubs, etc.) shall be provided from the street/parking lot -
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 any temporary sedimentation basins and any permanent stormwater basins.
23. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
24. Any existing houses proposed to remain within the development shall be connected to City
sewer and water service at time of its availability.
25. All well and septic systems within the development shall be abandoned in accordance with City
and County standards.
26. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide
telecommunications fiber to the premises (FTTP). This development should include the
installation of fiber optic cable, or a conduit for future installation, in its construction plans at
the time of Building Permit.
27. The design of the right turn lane, and the alignment of the entrance at Lone Oak Road, shall be
approved by both the City Engineer and County Engineer.
28. The applicant/developer shall dedicate public r -o -w to accommodate a cul-de-sac at the east
end of the Highway 55 frontage road at the time of the replatting of Outlot A or the
development of Lot 3, whichever occurs first.
29. The developer shall provide private maintenance agreements and cross -easements for
ingress/egress and shared parking, in a form acceptable to the City Attorney, at time of final
subdivision approval.
30. All drive lanes in parking lots with perpendicular parking and two-way traffic shall be a minimum
of 24 feet wide.
31. The drive lane on the south side of the building on Lot 2 shall be a minimum of 20 feet wide "No
Parking/Fire lane" signage shall be installed in the parking lot and driveways, per Fire
Department standards, to ensure emergency vehicle access.
32. The developer shall relocate the public utilities out of the gas pipeline easement, or remove the
pipeline and vacate the easement and provide documentation of such vacation in a form
acceptable to the City Attorney.
33. This development shall dedicate public drainage & utility easement over all public utilities at a
minimum width of 20 feet.
34. The applicant shall submit a Tree Mitigation Plan as part of Gateway Business Center Phase 1
that shows only the mitigation trees.
35. The applicant shall submit a combined Landscaping and Tree Mitigation plan that clearly
identifies each tree as either landscape or tree mitigation.
36. The developer shall be responsible for a cash Park dedication based the size of the building at
the time of the Building Permit and at the rate in effect at the time.
37. The applicant shall dedicate any required conservation easements intended to buffer any
wetland or conserve unique features may be credited towards a dedication. Any dedicated
easement shall be provided in a form acceptable to the City Attorney.
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38. The developer shall be responsible for a cash Trails dedication base on the rate in effect at the
time; the current 2015 rate for an Industrial development is $1,251 per net acre. This
dedication shall be paid prior to the release of the plat for recording.
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Conditional Use
Permit to allow outdoor storage of up to 20 semi -trailers on Lot 2, Block 1, Gateway Business Park,
subject to the following conditions: Aye: 4 Nay: 0
1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of the City
Council's approval of the Gateway Business Park Final Subdivision.
2. Outdoor storage shall be limited to 20 semi -trailers on Lot 2.
3. The applicant shall provide a Landscape Plan that depicts the screening of the outdoor storage
from the east and south.
4. Outdoor storage shall not precede the issuance of a final certificate of occupancy for a building
constructed on Lot 2.
LEGISLATIVE/ INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
ADMINISTRATIVE AGENDA
CITY COUNCIL
Councilmember Hansen commented yesterday in Duluth, Eagan resident Beverly Miller received the
Minnesota Public Transportation Association Distinguished Career Award. Beverly is the only executive
director the Minnesota Valley Transit Authority has ever had — she's served in that capacity for 25 years.
Hansen noted he was pleased to introduce her on behalf of the MVTA to receive her award and wanted
to publically acknowledge her and give her the thanks of the MVTA Board and our community for a
distinguished career.
There were no visitors to be heard.
VISITORS TO BE HEARD
ADJOURNMENT
Councilmember Fields moved, Councilmember Hansen seconded a motion to adjourn the meeting at
7:36 p.m. Aye: 4 Nay: 0
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City Clerk