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2017-11-21 City Council MinutesMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota NOVEMBER 21, 2017 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, and Hansen. Councilmember Tilley was absent. A regular meeting of the Eagan City Council was held on Tuesday, November 21, 2017 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, and Hansen. Councilmember Tilley was absent. Also present were City Administrator Osberg, Assistant City Administrator Miller, Director of Finance Pepper, Director of Communications Garrison, City Planner Ridley, Public Works Director Matthys, Parks & Recreation Director Pimental, Director of Community Development Hutmacher, Police Chief McDonald, City Attorney Dougherty, and Executive Assistant Stevenson. AGENDA Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye:4 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentations to be heard. CONSENT AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the consent agenda as presented: Aye: 4 Nay: 0 A. It was recommended to approve the minutes of the November 6, 2017 regular City Council meeting, as presented. B. Personnel Items: 1. It was recommended to authorize the reclassification of Custodian at the Eagan Community Center (PT Custodians are now Custodial I and FT Custodians are now Custodial II). 2. It was recommended to accept the resignation of Greg Nitti, Firefighter. 3. It was recommended to authorize the termination of seasonal employees as Landscape Crew Laborer, Park Maintenance, Park Operations Assistant, Park Laborer, and Seasonal GIS. 4. It was recommended to authorize the hiring of.the seasonal employee Emma Roberts as Recreation Leader. 5. It was recommended to approve the revised Vehicle and Equipment Acquisition, Use & Replacement Policy. C. It was recommended to ratify the check registers dated November 3 and November 10, 2017. D. It was recommended to approve the ordinary and customary contracts with Let's Play! Music Together, Health Partners, and Minnesota State Arts Board. City Council Meeting Minutes November 21, 2017 2 page E. It was recommended to approve a Joint Powers Agreement between Dakota County and the Cities of Eagan, Apple Valley, Burnsville, and Lakeville (DBA Dakota Valley Recycling) for 2018 Waste Abatement Community Funding. F. It was recommended to accept a 50 cent hike in the late fee Comcast charges delinquent accounts, raising the late fee from $9.50 to $10.00, as long as the proposed adjustment is in compliance with the terms of the Eagan cable franchise. G. It was recommended to approve Contract and Agreement between the cities of Eagan and Burnsville with AVI for Design/Consulting Services and for Shared HD Mobile Production Truck in a final form acceptable to the City Attorney and authorize the Mayor and City Clerk to sign. H. It was recommended to approve a temporary on -sale liquor license and waive the license fee for Faithful Shepherd Catholic School's Gala for Giving on February 10, 2018 at 3355 Columbia Drive. I. It was recommended to approve the final Change Order for Project 16-05 Fire Station One. J. It was recommended to approve a resolution of support for the construction of a noise wall by the Minnesota Department of Transportation (MnDOT) along the east side of Interstate 35E, between Cedar Avenue Freeway TH 77) and Cliff Road (CSAH 32). K. It was recommended to approve the final payment as part of the South Area Joint Powers Agreement — Roadway Striping to AAA Striping Service Co. and accept the improvements for perpetual City maintenance subject to warranty provisions. L. It was recommended to approve the final payment for Contract 17-05 (2017 Water Quality and Storm Sewer Improvements) in the amount of $95,912.27 to BKJ Land Company and accept the improvements for perpetual City maintenance subject to warranty provisions. M. It was recommended to approve the final payment for Contract 17-22 (Fitz Lake Alum Treatment) in the amount of $66,308.00 to HAB Aquatic Solutions, LLC and accept the improvements for perpetual City maintenance subject to warranty provisions. N. It was recommended to approve an Aquatic Invasive Species Grant Agreement with Dakota County to control an aquatic invasive species (AIS) in Holz Lake and to conduct AIS prevention activities and related public education/outreach in southeast Eagan, and authorize the Mayor and City Clerk to execute all related documents. 0. It was recommended to approve a Final Subdivision (Quarry Road Second Addition) to create 2 commercial lots upon approximately 4.2 acres located north of Yankee Doodle Road and west of Central Parkway. P. It was recommended to approve a Final Plat (JPMN Addition) for property located at 951 Apollo Road. Q. It was recommended to approve a Subrecipient Agreement between the Dakota County Community Development Agency and the City of Eagan to administer Community Development Block Grant funds. R. It was recommended to approve BerganKDV as independent auditor of the City's financial statements for the year ending December 31, 2017. S. It was recommended to approve an On -Sale Liquor and Sunday License for Qdoba Restaurant Corporation doing business as Qdoba Mexican Eats Store #2729, 1298 Promenade Place. T. It was recommended to adopt a resolution approving a Premise Permit for the South Robert Street Business Association to conduct lawful gambling at New Bohemia, 1278 Town Center Drive. U. It was recommended to adopt a resolution approving a Premise Permit for the South Robert Street Business Association to conduct lawful gambling at Union 32 Craft House, 2864 Highway 55. City Council Meeting Minutes November 21, 2017 3 page PUBLIC HEARINGS Amendment to 2016-2020 Facilities Capital Improvement Plan And intent to issue Capital Improvement Bonds Finance Director Pepper introduced the item noting in August 2015, the City Council adopted the 2016- 2020 Facilities Capital Improvements Plan comprised of projects: New Fire Station 1, constructed in 2016; Central Maintenance Facility expansion/remodel, Phase 1 in 2016 and Phase 2 in 2018, and City Hall and police facility expansion/remodel, to be constructed in 2018. Pepper noted because the scope and estimated costs of the existing 2018 projects have increased since the original adoption, and amendment to the Facilities CIP is proposed. The total cost estimate for the 2018 projects increases from the original amount of $13,344,537 to $20,200,000. Tammy Omdal, Northland Securities, the City's financial consultant, presented details of the financing plan and was available for questions. 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 adopt a resolution amending the 2016-2020 Facilities Capital Improvement Plan and authorizing issuance of up to $23,385,000 in bonds to finance the 2018 projects in the 2016-2020 Facilities Capital Improvement Plan. Aye: 4 Nay: 0 There was no old business to be heard. OLD BUSINESS NEW BUSINESS Rezoning and Preliminary Subdivision (Parkside Place) — The Lincoln Group, Inc. City Administrator Osberg introduced the item noting before the Council is consideration of a rezoning from A, Agricultural, to R-1, Residential Single Family and a Preliminary Subdivision (Parkside Place) to create 22 single-family lots, including a variance to allow a cul-de-sac exceeding 500 feet in length, upon approximately 12.2 acres located west of Hwy 3 (S. Robert Trail), east of Dodd Road and bordering on Rosemount to the south. City Planner Ridley gave a staff report and provided a site map. The applicant Daniel Lincoln, The Lincoln Group, Inc., was available for questions. The Council discussed the rezoning, preliminary subdivision and variance request. Councilmember Bakken noted concerns with the cul-de-sac and location of the maintenance access road. City Council Meeting Minutes November 21, 2017 4 page Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Rezoning from A, Agricultural, to R-1, Residential Single Family upon approximately 12.2 acres located west of Hwy 3 (S. Robert Trail), east of Dodd Road and bordering on Rosemount to the south. Aye: 4 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision (Parkside Place) to create 22 single-family lots, include a Variance to allow a cul-de-sac exceeding 500 feet in length, upon approximately 12.2 acres located west of Hwy 3 (S. Robert Trail), east of Dodd Road and bordering on Rosemount to the south, subject to the conditions as amended: Aye: 4 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as revised by Council on July 1, 2014: B1, B2, B3, B4, C1, C2, C3, C4, E1, G1, H1, L1 2. The property shall be platted. 3. Prior to Final Subdivision, the applicant shall demonstrate that the proposed development would not cause the Gun Club to become out of compliance with State Statutes. 4. Because of the proximity of the development site to the West End Gun Club, the developer_ shall establish a covenant or declaration to be recorded with the plat that would serve as notification to buyers of the nearby gun club. 5. Architectural design and construction methods shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA for all lots. Compliance with this standard shall be demonstrated at the time of application for Building Permit. 6. The Tree Mitigation Plan shall be revised to identify the type of tree species and its location. 7. The applicant shall fulfill tree mitigation requirements through the installation of one -hundred fifty-two (152) Category A trees. 8. The applicant shall submit documentation indicating the availability of the required 152 Category A trees. 9. The applicant shall provide a performance guarantee covering the cost of completing required tree mitigation in the amount of $91,200.00. 10. The applicant shall provide protection of the preserved 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. 11. 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. 12. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to final subdivision approval. 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 construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. City Council Meeting Minutes November 21, 2017 5 page Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 13. All retaining walls shall be privately owned and maintained, and the applicant shall enter into an encroachment agreement for any retaining walls located in a drainage and utility easement. 14. This development shall meet the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control of effective retention of the site's new impervious surface area (including effective soil remediation for the site's disturbed soils that are to be revegetated). 15. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide construction details of the proposed infiltration basins for City review/acceptance by the City Engineer and include in construction plans. Construction details shall include infiltration basin cross-section(s), construction sequencing/protection/restoration notes, sizing/volume tables to demonstrate compliance with minimum volume control retention including detailing drainage areas for each basin, details for stable inlets/outlets/emergency overflows, unobstructed inspection/maintenance access areas to inlets/outlets, soil amendment criteria, planting details (including live planting at 18 -inch on -center spacing with seeding of all basin bottoms, and seeding of side -slopes), permanent erosion -control details, etc., to ensure infiltration practices are properly designed, constructed, planted, and adequately protected during/after construction to prevent clogging, and able to be properly maintained (e.g. unobstructed equipment access, etc.) to function as intended. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Grading Plan, Utility Plan, etc.). 16. Prior to receiving City approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies for City review, and acceptance by the City Engineer, that provide clear assurances that by final grading, prior to installation of any irrigation, sod, permanent seeding or plant materials, the disturbed areas that are to be revegetated will have protected and/or restored soil permeability to non -compacted soil conditions in the top 12" of soil with greater than 5% soil organic matter content and less than 200 psi of soil compaction in the top 12" of topsoil, to comply with Volume Control requirements. These graphical details and notes on soil protection/restoration shall be included in the Stormwater Management Plan and prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading & Drainage Plan, Landscape Plan, etc.) 17. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide to the City a minimum of two soil boring logs within the footprint of each proposed infiltration area, extending a minimum of 10' below the bottom of all proposed infiltration features with continuous sampling, to evaluate and ensure suitability for infiltration, including depth to saturated soils. If the soil boring logs indicate incompatibility of existing sub -soil permeability, or shallow groundwater conflict, with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and/or construction plans to ensure volume control requirements are fully met for the impervious drainage areas. 18. The applicant shall provide a minimum of 15 -foot -wide unobstructed equipment access paths (without obstructions from grading, private utilities, trees/branches, large shrubs, etc.), from street -edge to all surface stormwater facilities' inlets/outlets. The unobstructed equipment access paths shall be capable of fully supporting typical maintenance / excavation equipment, for periodic maintenance access to the surface storm water facilities. Verify that Landscape Plan does not conflict with this requirement. City Council Meeting Minutes November 21, 2017 6 page 19. The applicant shall provide adequately sized pre-treatment (e.g. 4 -foot depth sump with floatable skimmer hood, etc.) at, or immediately upstream of, all stormwater management facility (e.g. infiltration basin) inlets 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). 20. During infiltration system area 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 condition infiltration rate of 0.4 -inch 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 -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) design and construction as necessary (e.g. over-excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met. Documentation shall be provided to the City within 48 - hours after infiltration testing. The applicant shall ensure that the City Water Resources staff is provided 24-hour advance notice of the occurrence of infiltration verifications and also provided notice prior to any excavation and/or soil backfilling within the infiltration practices, to arrange for inspections. 21. Prior to receiving a Certificate of Occupancy for any affected residential construction, Soil Management Strategy implementation documentation (e.g. 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. 22. 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 that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sumps, infiltration basins, etc.) conform to design and/or construction plans, as approved by the City. As -built volumes (for retention) shall be provided for the infiltration/bioretention basins. 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. 23. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards, including along Dodd Road. 24. All wells and septic systems within the development shall be abandoned in accordance with City and County standards. 25. 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, at the time of final subdivision approval. 26. A temporary cul-de-sac easement shall be acquired in a form acceptable to the City Attorney (Standard Condition of Approval C3). 27. This developer shall be subject to cash park and trail dedication for 21 lots, payable at the time of Final Subdivision. 28. The applicant shall limit the width of the driving isle on. a portion of Dodd Road adjacent to proposed Lot 1, Block 1, and place a berm on the nondriving portion to the satisfaction of the Public Works Department. City Council Meeting Minutes November 21, 2017 7 page Rezoning and Preliminary Subdivision (Lakeside of Eagan) — Norton Homes City Administrator Osberg introduced the item noting the action before the Council is consideration of a rezoning from A, Agricultural, to R -1S, Residential Single Family Small Lot, a Preliminary Subdivision (Lakeside of Eagan) to create 4 single-family lots, including a Variance to the minimum lot width standard for two of the lots upon 4.8 acres located at 1025 Wescott Road. City Planner Ridley gave a staff report and provided a site map. The applicant, Patrick Hiller, Norton Homes, LLC, was available for questions. The Council discussed the rezoning and preliminary subdivision request. Several Councilmembers noted concern with traffic/access on Wescott Road. 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 Rezoning from A, Agricultural, to R -IS, Residential Single Family Small Lot, upon approximately 4.8 acres located at 1025 Wescott Road. Aye: 3 Nay: 1 (Bakken) Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision (Lakeside of Eagan) to create 4 single-family lots, include a Variance to the minimum lot widths standard for two of the lots, upon 4.8 acres located at 1025 Wescott Road, subject to the following conditions: Aye: 3 Nay: 1(Bakken) 1. The developer shall comply with these standards conditions of plat approval as revised by Council on July 1, 2014: Al, 131, B2, B3, C1, C2, C4, E1, F1, G1, H1, 11, and L1 2. The property shall be platted. 3. The applicant shall ensure the survival of preserved trees via Performance Guarantee payment of $15,825.00, and 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. 4. 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. 5. 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. 6. All retaining walls shall be privately owned and maintained, and the applicant shall enter into an encroachment agreement for any retaining walls located in a drainage and utility easement. City Council Meeting Minutes November 21, 2017 8 page 7. This development shall meet all requirements of Minn. Rules Ch. 8420 and City Code §11.67 regarding the wetland boundary, and shall provide Conservation Easement boundary markers/signage for all proposed residential lots/backyards with the Conservation Easement. 8. Restoration activities within the Conservation Easement shall be detailed in a Wetland Buffer Restoration Plan for City review/acceptance by the Water Resources Manager, specifying materials to be used, implementation schedule/timeline and 2 -year (post -implementation) vegetation maintenance by native vegetation restoration contractor. 10. This development shall meet the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control of effective retention of the site's new impervious surface area (including effective soil remediation for the site's disturbed soils that are to be revegetated). 11. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide all construction, revegetation and landscaping details for the proposed iron -enhanced sand filtration basin system area for City review/acceptance by the City Engineer and include in all applicable construction plans. Construction details shall include filtration basin cross-section(s), construction sequencing/protection/restoration notes, provision for unobstructed inspection/maintenance access areas to inlets/outlets, iron -enhanced sand mix source, minimum volume and placement instructions, under -drain location to prevent short-circuiting, planting details for surrounding side -slopes, permanent erosion -control details, etc., to ensure all components of filtration basin system are properly designed, constructed/installed, planted, and adequately protected during / after construction to prevent clogging, and able to be properly maintained (e.g. unobstructed equipment access, etc.) to function as intended. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Grading Plan, Utility Plan, etc.). 12. Prior to receiving city approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies for City review, and acceptance by the City Engineer. These clear/prominent notes and graphical details shall be included in the Stormwater Management Plan and prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading & Drainage Plan, Landscape Plan, etc.) 13. The applicant shall provide a minimum of 15 -foot -wide unobstructed equipment access paths (without obstructions from grading, private utilities, trees/branches, large shrubs, etc.), from street -edge to all surface stormwater facilities' inlets/outlets. The unobstructed equipment access paths shall be capable of fully supporting typical maintenance / excavation equipment, for periodic maintenance access to the surface storm water facilities. Verify that Landscape Plan does not conflict with this requirement. 14. The applicant shall provide adequately sized pre-treatment (e.g. 4 -foot depth sump with floatable. skimmer hood, etc.) at, or immediately upstream of, all stormwater management facility (e.g. infiltration basin) inlets 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). 15. Prior to receiving a Certificate of Occupancy for any affected residential construction, Soil Management Strategy implementation documentation (e.g. 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. City Council Meeting Minutes November 21, 2017 9 page 16. 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 that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sumps, infiltration basins, inlets, outlets, etc.) conform to design and/or construction plans, as approved by the City. As -built volumes (for retention/detention) shall be provided for the filtration basin. 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. 17. The developer shall be responsible to restore the trail, street, curb and gutter, and boulevard in a manner acceptable to the City Engineer. 18. Hydrant spacing and locations shall be in accordance with City Fire Department and Public Works standards. 19. All well and septic systems within the development shall be abandoned in accordance with City and County standards. 20. 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, at the time of final subdivision approval. 21. This development shall be subject to cash park and trail dedication for the net increase of three residential lots, payable at the time of Final Plat at the rates then effect. Appeal of Issuance of Zoning Permit in Connection with a Solar Array Structure at 3330 Dodd Road Council acting as the Board of adjustments and appeals City Administrator Osberg introduced the item noting the content of the record presented to the Council. He further noted that there are three options for the Council to consider after hearing comments from the applicant. The Council can continue the hearing for further deliberation and defer action/decision, but not later than December 19, 2017 Council meeting; or Direct Findings & Decision to Deny the Appeal and Affirm Issuance of Zoning Permit for installation of subject solar array structure; or Direct Findings & Decision to Approve the Appeal and Overturn (Deny) Issuance of Zoning Permit for installation of subject solar array structure. Osberg noted in order to overturn issuance of the Zoning Permit it would require all four Councilmember votes. Mayor Maguire walked through the format of the appeal process. The applicant, Bridget Bataglia, 3326 Wren Lane, gave a presentation, including a Power Point, and provided additional information on her appeal. Mayor Maguire opened the item up for public comment: Brad Quinn, 3326 Wren Lane, addressed the Council regarding City Code requirements. Dan Kiefer, owner of the property located at 3330 Dodd Road, provided an overview of his request noting that he had discussed the project with Ms. Bataglia and how he determined placement of the solar array installation. Mr. Kiefer presented pictures with commentary to the Council. City Council Meeting Minutes November 21, 2017 10 page Ms. Bataglia reiterated her concerns regarding size and placement of the solar array structure and the impact it has on her property. Mr. Quinn repeated his concerns regarding City Code requirements, size and placement of the solar array. Mayor Maguire noted, that the City Council, acting as the Eagan Board of adjustments & appeals, upon close of the appeal hearing has three action options to consider. Before making a decision, the Council noted they would like the two property owners to work together to find a solution regarding the potential screening of the solar array structure. Both property owners were open to finding a solution. Councilmember Fields moved, Councilmember Bakken seconded a motion to continue the Hearing for further deliberation and defer action/decision to the December 5, 2017 City Council meeting. Aye: 4 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA CITY COUNCIL Mayor Maguire noted have a Happy and Safe Thanksgiving Holiday. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Bakken moved, Councilmember Hansen seconded a motion to adjourn the meeting at 8:40 p.m. Aye: 4 Nay: 0 I0�- d �14 Date Mayor City Clerk