03/06/2018 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
MARCH 6, 2018
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, March 6, 2018 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 Communications Garrison, Public Works Director Matthys, Parks &
Recreation Director Pimental, Director of Community Development Hutmacher, City Planner Ridley, Fire
Chief Scott, Police Chief McDonald, City Attorney Dougherty and Executive Assistant Stevenson.
AGENDA
Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the agenda as
presented. Aye:4 Nay:0
RECOGNITIONS AND PRESENTATION
There were no recognitions and presentations.
CONSENT AGENDA
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the consent
agenda as presented: Aye: 4 Nay: 0
A. It was recommended to approve the minutes of February 13, 2018 Special City Council meeting,
and February 20, 2018 regular City Council meeting, as presented.
B. Personnel Items:
1. It was recommended to accept the resignation of Patrick McCullough, seasonal Winter
Official.
2. It was recommended to accept the resignation of Volunteer Firefighters William Knoll,
Kirsten Setterlund, and John Bahrke.
3. It was recommended to approve Section 46 of the Employee Handbook — Flexible
Workplace Policy.
4. It was recommended to approve a new plan design between the City of Eagan Fire
Department and ICMA-RC.
C. It was recommended to ratify the check registers dated February 16 and 23, 2018.
D. It was recommended to approve the ordinary and customary contracts with Vertiv Services, Inc.,
Gracenote Media Services, LLC, The Upper Mississippi River Cajun Band, 612 Live, Apple Valley
High R&B Band, Buckets and Tap Shoes, Dirt Road Dixie, Downtown Sound, A Elvis Experience,
Expression Tropical, Gypsy Mania Hot Club, Jack and Kitty, Jesse Revel, My Sweet Patootie,
Rockin' Hollywoods, Rumba Eterna Band, The Fairlanes, The Northerly Gales, Vinnie Rose,
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March 6, 2018
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Schindler Elevator corporation, Berkley Risk Administrators Company, LLC, ECHO Health, Inc.,
and Smart Delivery Service, Inc.
E. It was recommended to approve a resolution to accept a donation from Keith Maiz, the
American Legion and the Minnesota Valley In -Fisherman Club.
F. It was recommended to approve Change Order No. 1 Contract 17-06 (Digital Radio System
Replacement) and authorize the Mayor and City Clerk to execute all related documents.
G. It was recommended to approve Change Order No. 2 for Contract 17-19 (Cedar Grove Area
Entrance Monuments) and authorize the Mayor and City Clerk to execute all related documents.
H. It was recommended to approve the final payment for Contract 17-15 (Well No. 9
Rehabilitation) in the amount of $23,171.00 to E.H. Renner and accept the improvements for
perpetual City maintenance subject to warranty provisions.
I. It was recommended to approve the plans and specifications for Contract No. 18-13 (Well
Rehabilitation Improvements) and authorize the advertisement for a bid opening to be held at
11:00 a.m. on Thursday, March 22, 2018.
J. It was recommended to approve modification/addition to the 2018 Fitness Center fees with
Corporate Membership plans available for all memberships.
K. It was recommended to approve a Change Order #1 for the Eagan Community Center office
remodel to relocate Parks and Recreation staff at this location.
L. It was recommended to approve the final payment to Market and Johnson for the remodel of
the Eagan Community Center Kids Care room to office space for Parks and Recreation staff.
PUBLIC HEARINGS
Lebanon Hills Area 115 kV Transmission Line Project
City Administrator Osberg introduced the item noting the action to be considered is to conduct a public
hearing regarding the Lebanon Hills Area Transmission Line Project.
Public Works Director Matthys gave a staff report and introduced the applicant's representative.
Dan Lesher, Great River Energy, gave a presentation and provided an overview of the project including a
location map.
Mayor Maguire opened the public hearing. Patrick White, Eagan resident, noted has concerns on the
higher voltage power lines. Mr. Lesher responded to his concerns. It was also suggested for Mr. White
to submit his concerns during the 10 -day comment period. There being no further public comment,
Mayor Maguire turned the discussion back to the Council.
Councilmember Hansen moved, Councilmember Fields seconded a motion to close the public hearing
regarding the Lebanon Hills Area 115 kV Transmission Line Project. Aye: 4 Nay: 0
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Certification of Delinquent Utilities
City Administrator Osberg introduced the item noting the action to be considered is to close the public
hearing and approve the final assessment roll for delinquent utility bills an authorize its certification. At
the February 5, 2018 City Council meeting, a public hearing was scheduled for the March 6, 2018 City
Council meeting. Osberg noted the City currently has approximately 750 utility bill accounts with
delinquent balances. The assessable amount of these accounts is $176,660.33.
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 the final assessment roll for delinquent utility bills and authorize its certification to Dakota
County for collection with property taxes. Aye: 4 Nay: 0
Certify Delinquent Nuisance Abatement Bills
City Administrator Osberg introduced the item noting at the February 5, 2018 City Council meeting, a
public hearing was scheduled for the March 6, 2018 City Council meeting. The City has 15 properties
with delinquent false alarm invoices. The proposed assessment role includes a delinquent refuse
removal bill and assessment for a court-ordered nuisance abatement. The assessable amount of the
delinquent invoices is $10,773.73.
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 the final assessment roll for delinquent nuisance abatement bills and authorize its
certification to Dakota County. Aye: 4 Nay: 0
OLD BUSINESS
There were no old business items to be heard.
NEW BUSINESS
Comprehensive Guide Plan Amendment, Rezoning, Conditional Use Permit,
And Variance — Dakota Electric Association
City Administrator Osberg introduced the item noting the Council is being asked to consider directing
staff to submit to the Metropolitan Council a Comprehensive Guide Plan Land Use Amendment that
would change the land use designation from Low Density residential, to Quasi -Public, upon
approximately 0.89 acres located at 4627 Dodd Road.
City Planner Ridley gave a staff report and provided a site map. Ridley noted the applicant indicates the
project will take place between Fall 2019 into Spring 2020. Per City Code, the Conditional Use Permit
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and Variance expire one year after approval if not utilized. The City Attorney, noted the applicant will
have to submit an extension for 2020 before the Conditional Use Permit and Variance expire. Therefore,
the conditions noted in the Agenda Information Memo are void.
Craig Knudsen, Dakota Electric Association, was available for questions.
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 direct staff to submit to
the Metropolitan Council a Comprehensive Guide Plan Land Use Amendment that would change the
land use designation from LD, Low Density residential, to QP, Quasi -Public, upon approximately 0.89
acres located at 4627 Dodd Road. Aye: 4 Nay: 0
Conditional Use Permit —Ryder Truck Rental, Inc.
City Administrator Osberg introduced the item noting the Council is being asked to consider approval of
four Conditional Use Permits to allow outdoor storage of vehicles, rental truck maintenance, rental
trucks and rental truck washing at 1710 Alexander Road.
City Planner Ridley gave a staff report and provided a site map.
The applicant gave an overview of the request and was available for questions.
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 Conditional Use
Permit to allow the outdoor storage of vehicles per the Site Plan dated January 17, 2018, located at
1710 Alexander Road, subject to the following conditions: Aye: 4 Nay: 0
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of
approval by the City Council.
2. This Conditional Use Permit shall replace the existing and all former Conditional Use
Permits for the property, most recently approved on April 2, 2013.
3. The outdoor storage shall be maintained at the specified location as shown on the Site
Plan received January 17, 2018.
4. The Applicant shall obtain a right-of-way permit from the City prior to performing any
work within the right-of-way.
5. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a
long-term stormwater management system maintenance agreement with the City,
detailing the annual inspection and maintenance required to occur to ensure proper
operation and performance of the permanent stormwater management system, in a
form acceptable to the City Attorney.
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March 6, 2018
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6. Before the city returns any Storm water -related Performance Guarantee Fees on the
development site, the applicant shall be able to demonstrate to the City Engineer that
appropriate implementation has occurred for disturbed soil areas (removed impervious
area) to provide infiltration capability/soil permeability, and that appropriate repair has
occurred for the pre-treatment structure inlet area to function as intended.
7. It shall be unlawful to park or store any motor vehicle, as defined by MN Statutes, that is
unlicensed, unregistered, inoperable or displaying expired registration tabs. This also
includes parts or components of vehicles. Unlicensed, inoperable vehicles and vehicle
parts shall be stored within the building.
8. Trash receptacles shall be kept either inside the building or within an enclosure
constructed according to City Code standards. A revised Site Plan shall show the trash
enclosure if one is to be constructed.
9. The Applicant shall surface the outdoor storage area with bituminous pavement by
September 1, 2018.
10. All storage areas shall be properly maintained to prevent deterioration.
11. All gates shall have lock boxes installed with keys to allow emergency vehicle access.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a
Conditional Use Permit to allow rental truck maintenance at 1710 Alexander Road, subject to
the following conditions: Aye: 4 Nay: 0
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of
approval by the City Council.
2. This Conditional Use Permit shall replace the existing and all former Conditional Use
Permits for the property, most recently approved on April 2, 2013.
3. The Applicant shall obtain a right-of-way permit from the City prior to performing any
work within the right-of-way.
4. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a
long-term stormwater management system maintenance agreement with the City,
detailing the annual inspection and maintenance required to occur to ensure proper
operation and performance of the permanent stormwater management system, in a
form acceptable to the City Attorney.
5. Before the city returns any Stormwater-related Performance Guarantee Fees on the
development site, the applicant shall be able to demonstrate to the City Engineer that
appropriate implementation has occurred for disturbed soil areas (removed impervious
area) to provide infiltration capability/soil permeability, and that appropriate repair has
occurred for the pre-treatment structure inlet area to function as intended.
6. It shall be unlawful to park or store any motor vehicle, as defined by MN Statutes, that is
unlicensed, unregistered, inoperable or displaying expired registration tabs. That
includes parts or components of vehicles. Unlicensed, inoperable vehicles and vehicle
parts shall be stored within the building.
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March 6, 2018
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7. Trash receptacles shall be kept either inside the building or within an enclosure
constructed according to City Code standards. A revised Site Plan shall show the trash
enclosure if one is to be constructed.
8. The Applicant shall surface the outdoor storage area with bituminous pavement by
September 1, 2018.
9. All storage areas shall be properly maintained to prevent deterioration.
10. All gates shall have lock boxes installed with keys to allow emergency vehicle access.
Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve a
Conditional Use Permit to allow truck rentals at 1710 Alexander Road, subject to the following
conditions: Aye:4 Nay:0
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of
approval by the City Council.
2. This Conditional Use Permit shall replace the existing and all former Conditional Use
Permits for the property, most recently approved on April 2, 2013.
3. The Applicant shall obtain a right-of-way permit from the City prior to performing any
work within the right-of-way.
4. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a
long-term stormwater management system maintenance agreement with the City,
detailing the annual inspection and maintenance required to occur to ensure proper
operation and performance of the permanent stormwater management system, in a
form acceptable to the City Attorney.
5. Before the city returns any Stormwater-related Performance Guarantee Fees on the
development site, the applicant shall be able to demonstrate to the City Engineer that
appropriate implementation has occurred for disturbed soil areas (removed impervious
area) to provide infiltration capability/soil permeability, and that appropriate repair has
occurred for the pre-treatment structure inlet area to function as intended.
6. It shall be unlawful to park or store any motor vehicle, as defined by MN Statutes, that is
unlicensed, unregistered, inoperable or displaying expired registration tabs. That
includes parts or components of vehicles. Unlicensed, inoperable vehicles and vehicle
parts shall be stored within the building.
7. Trash receptacles shall be kept either inside the building or within an enclosure
constructed according to City Code standards. A revised Site Plan shall show the trash
enclosure if one is to be constructed.
8. The Applicant shall surface the outdoor storage area with bituminous pavement by
September 1, 2018.
9. All storage areas shall be properly maintained to prevent deterioration.
10. All gates shall have lock boxes installed with keys to allow emergency vehicle access.
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March 6, 2018
7 page
Mayor Maguire moved, Councilmember Hansen seconded a motion to approve a Conditional
Use Permit to allow rental truck washing at 1710 Alexander Road, subject to the following
conditions: Aye:5 Nay:0
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of
approval by the City Council.
2. This Conditional Use Permit shall replace the existing and all former Conditional Use
Permits for the property, most recently approved on April 2, 2013.
3. The Applicant shall obtain a right-of-way permit from the City prior to performing any
work within the right-of-way.
4. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a
long-term stormwater management system maintenance agreement with the City,
detailing the annual inspection and maintenance required to occur to ensure proper
operation and performance of the permanent stormwater management system, in a
form acceptable to the City Attorney.
5. Before the city returns any Stormwater-related Performance Guarantee Fees on the
development site, the applicant shall be able to demonstrate to the City Engineer that
appropriate implementation has occurred for disturbed soil areas (removed impervious
area) to provide infiltration capability/soil permeability, and that appropriate repair has
occurred for the pre-treatment structure inlet area to function as intended.
6. It shall be unlawful to park or store any motor vehicle, as defined by MN Statutes, that is
unlicensed, unregistered, inoperable or displaying expired registration tabs. That
includes parts or components of vehicles. Unlicensed, inoperable vehicles and vehicle
parts shall be stored within the building.
7. Trash receptacles shall be kept either inside the building or within an enclosure
constructed according to City Code standards. A revised Site Plan shall show the trash
enclosure if one is to be constructed.
8. The Applicant shall surface the outdoor storage area with bituminous pavement by
September 1, 2018.
9. All storage areas shall be properly maintained to prevent deterioration.
10. All gates shall have lock boxes installed with keys to allow emergency vehicle access.
Planned Development Amendment —Java Companies (Title Boxing)
City Administrator Osberg Introduced the item noting the applicant is proposing to modify the approved
Site Plan to add nine more parking stalls along the north edge of the property located at 3565 Pilot Knob
Road.
City Planner Ridley gave a staff report and provided a site map.
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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Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a modified Site
Plan expanding parking along the north edge of the site associated with a Planned Development
Amendment changing the use of the site from auto service to a fitness center (Title Boxing Club) located
at 3565 Pilot Know Road, subject to the following conditions: Aye: 5 Nay: 0
An Amendment to the Final Planned Development Agreement shall be executed, in a
form acceptable to the City Attorney, and recorded against the property within 90 days
of City Council approval. The Agreement shall include the following exhibits:
• Site and Signage Plan
• Landscape Plan
• Site Lighting Plan
2. To enhance pedestrian connections, a sidewalk between the site and the trail along Pilot
Knob Road shall be added, consistent with the approved Site Plan.
3. The applicant shall be responsible for obtaining any required permits from other
agencies.
4. All signs shall comply with City Code standards, and a Sign Permit is required prior to any
installation or replacement of any signs.
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 Hansen moved, Councilmember Fields seconded a motion to adjourn the meeting at
7:18 p.m. Aye: 4 Nay: 0
3-a0-a�lk
Date
Mayor
City Clerk