11/20/2018 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
NOVEMBER 20, 2018
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmember Bakken, Fields, and Hansen. Councilmember Tilley arrived at 6:10 p.m.
A regular meeting of the Eagan City Council was held on Tuesday, November 20, 2018 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and
Tilley. Also present were City Administrator Osberg, Assistant City Administrator Miller, Public Works
Director Matthys, Parks and Recreation Director Pimental, Community Development Director
Hutmacher, City Planner Ridley, Finance Director Pepper, Police Chief New, Communications Marketing
Specialist Couillard, City Attorney Dougherty and Executive Assistant Stevenson.
AGENDA
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the agenda as
presented. Aye:5 Nay:0
RECOGNITIONS AND PRESENTATION
There was no recognitions and presentation.
CONSENT AGENDA
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the consent
agenda as amended: Aye: 5 Nay: 0
A. It was recommended to approve the minutes of November 5, 2018 regular City Council meeting,
as presented or modified.
B. There were no Personnel Items.
C. It was recommended to ratify the check registers dated November 2 and 9, 2018.
D. It was recommended to approve the ordinary and customary contracts with AV[ Systems,
Crossroads Church, Noel Productions and Dakota County Library.
E. It was recommended to approve Change Order #5 for Project 18-06, Police Department and City
Hall Renovation.
F. It was recommended to approve a Final Plat to create one lot located at 3321 Mike Collins Drive.
G. It was recommended to approve a resolution to accept donations from Waterous and Magellan
Pipeline Company.
H. It was recommended to approve the final payment for Contract 17-19 (Cedar Grove Area
Entrance Monuments) in the amount of $66,390.85 to Pember Companies, Inc., and accept the
improvements for perpetual City maintenance subject to warranty provisions.
I. It was recommended to approve the final payment for Contract 18-13 (2018 Well
Rehabilitations — Water System Improvements) in the amount of $43,860.00 to Keys Well
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Drilling Company, and accept the improvements for perpetual City maintenance subject to
warranty provisions.
J. It was recommended to approve the final payment for Contract 18-23 (Beverly Drive Street
Improvements) in the amount of $258,958.32 to Pember Companies, Inc., and accept the
improvements for perpetual City maintenance subject to warranty provisions.
K. It was recommended to approve the final payment for Contract 18-26 (2018 Citywide
Storm Sewer Repair) in the amount of $87,503.56 to Ryan Contracting Company, and accept the
improvements for perpetual City maintenance subject to warranty provisions.
L. It was recommended to approve the plans and specifications for Contract 19-02
(Lexington/Diffley Reservoir Maintenance & Repair) and authorize the advertisement for a bid
opening to be held at 11:00 a.m. on Thursday, December 4, 2018 at 3419 Coachman Point,
Eagan, Minnesota.
M. It was recommended to approve a Joint Powers Agreement with the Dakota County
Transportation Department for Project 1339 (Diffley Road/Braddock Trail — Intersection
Improvements) and authorize the Mayor and City Clerk to execute all related documents.
N. It was recommended to approve a Joint Powers Agreement through December 31, 2021, with
Dakota County Soil and Water Conservation District (SWCD) for Technical Services for
conservation projects and authorize the Mayor and City Clerk to execute all related documents.
0. It was recommended to appoint Redpath and Company as the auditor of the City's annual
financial statements for the years 2018, 2019 and 2020.
P. It was recommended to approve Change Order Number 2 to the Gerling and Associates contract
for a mobile production truck and approve Change Order Number 2 to the AVI Systems, Inc.
contract for installation of truck equipment.
PUBLIC HEARINGS
There were no recognitions and presentations.
OLD BUSINESS
Comprehensive Guide Plan Amendment, Preliminary Planned Development, Rezoning
And Preliminary Subdivision — Lexington Flats / MWF Properties
City Administrator Osberg introduced the item noting there are four items for the Council to consider a
Comprehensive Guide Plan Amendment to change the land use designation from O/S (Office/Service)
and 1-1 (Limited Industrial) to HD (High Density residential) upon 1.26 acres located at 2977, 2981, 2985,
and 2935 Lexington Avenue, a Preliminary Planned Development to allow a 4 -story 50 -unit multi -family
residential development, a Rezoning from T, Transitional and 1-1, Limited Industrial to PD, Planned
Development, and a Preliminary Subdivision to create two lots upon approximately 16 acres.
City Attorney Dougherty walked through the procedural items for consideration
City Planner Ridley gave a staff report and provided a site map
Chris Stokka, MWF Properties, was available for questions.
The Council discussed the request.
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Mayor Maguire opened the public comment. There being no public comment he turned the meeting
back to the Council.
Councilmember Bakken moved, Councilmember Fields seconded a motion to implement a
Comprehensive Guide Plan Amendment to change the land use designation from O/S (Office/Service)
and 1-1 (Limited Industrial) to HD (High Density residential) upon approximately 1.26 acres located at
2977, 2981, 2985 and 2935 Lexington Avenue, northwest of the intersection of Lexington Avenue and
Lone Oak Road. Aye: 5 Nay: 0
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Preliminary
Planned Development to allow a 4 -story 50 -unit multi -family residential development upon
approximately 1.26 acres located north of Lone Oak Road and west of Lexington Avenue, subject to the
following conditions: Aye: 5 Nay: 0
1. A Preliminary Planned Development Agreement shall be executed and recorded against the
property at the Dakota County Recorder's office. The Preliminary PD Agreement shall contain
the following plans.
• Preliminary Site Plan
• Preliminary Building Elevation Plans
• Preliminary Landscape Plan
• Preliminary Site Lighting Plan
A Final Planned Development Agreement shall be required prior to issuance of a Building
Permit. The following plans are required for the Final Planned Development Agreement and
shall be consistent with the Preliminary Planned Development and conditions of Preliminary
Planned Development approval.
• Final Site Plan
• Final Building Elevations
• Final Landscape Plan
• Final Lighting Plan
Platting
3. The property shall be platted.
Airport Noise
4. The applicant shall utilize sound attenuation construction standards sufficient to achieve an
interior sound level reduction of at least 19 dBA.
Mechanical Screening
Any physical screens for mechanical equipment shall be visually integrated with the principal
structure in terms of materials, color, shape and size. With primarily masonry exterior finish to
the building, a wood screening material for mechanical units is not acceptable. All screens shall
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be at least as tall as the mechanical equipment itself and extend down to the top of curb, unless
a sight line analysis is provided that shows compliance with the Code.
Address Numbers
6. Building address numbers hall be installed consistent with the provisions of Section 2.78 of City
Code.
Landscaping and Tree Preservation
7. Prior to issuance of a Building Permit, the applicant shall submit documentation to the City
showing Dakota County's consent to landscaping within the right-of-way. Documentation also
shall be provided indicating maintenance responsibility for the landscaped areas.
Prior to issuance of a building permit, the applicant shall submit documentation to the City
showing the adjacent property owner's consent to landscaping in this area, documentation also
should be provided indicating maintenance responsibility for the new landscaped areas upon
Lot 2.
9. The applicant shall continue to work with staff to refine the overall planting plan, to reflect
realistic size and placement of plant materials for the Final Landscape Plan.
10. The applicant shall fulfill tree mitigation requirements through the installation of twenty-one
(21) Category A trees and cash payment of $15,360.00.
11. The applicant shall ensure the survival of preserved trees via:
a. Performance Guarantee payment of $650.00, and
b. 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.
12. 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.
Grading
13. All retaining walls 4 feet tall and taller shall be engineered and require a separate Building
Permit.
14. The applicant shall enter into an encroachment agreement for any retaining wall located in a
drainage and utility easement, in a form acceptable to the City Attorney.
15. 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
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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.
Storm Drainage
16. The storm sewer outlet to pond DP -12 shall be designed and constructed to reduce the
potential for erosion in a manner acceptable to the City Engineer. The applicant 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 the site's proposed impervious surface area and any other disturbed soils
that are not remediated following an approved Soil Management Strategy.
17. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide
detailed Soil Management Strategies in the plan set 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 City 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.) and shall
specify estimated quantities of soil ripping area and volume of compost to be imported and
incorporated. Prior to receiving a Certificate of Occupancy for any affected construction, Soil
Management Strategy implementation documentation (e.g. haul tickets, 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.
18. 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 any proposed infiltration area,
extending a minimum of 10' below the bottom of the proposed infiltration feature 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 mitigated impervious drainage area,
to the satisfaction of the City Engineer.
19. During infiltration system 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 0.9 -inch per hour (based on 0.45 -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 0.9 -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
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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.
20. The applicant shall clarify underground stormwater infiltration system details, including that a)
no geosynthetic fabric will be installed below the chambers, with the exception of any isolator
row and the sides and top of the underground system, b) sub -soils shall have appropriate
composition and minimal compaction to ensure adequate infiltration capability; c) no limestone
material is allowed beneath, between or immediately on top of the chamber system, d) 10 -inch
minimum diameter inspection ports will be provided on all chamber rows, and e) physical access
via manhole will be provided to the isolator row for inspection and maintenance.
21. The applicant shall provide adequately sized pre-treatment structure (e.g. 4 -foot minimum
depth sump, 5 -foot minimum diameter, with floatable skimmer hood, etc.) at, or immediately
upstream of, any stormwater infiltration facility inlet 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) using Eagan Standard Detail Plate E231.
22. Prior to proceeding with land disturbing activity, the applicant 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.
23. 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
(sump(s), pipe galleries, etc.), including soil loosening & amendment prior to landscaping,
conform to design and/or construction plans, as approved by the City. As -built volumes shall be
provided for the pond and infiltration basin. Video of final inspection of clean underground pipe
gallery system and contributing stormsewer shall be provided to the City Engineer. 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.
Utilities
24. The applicant shall pay all associated costs to install the sewer and/or water service if
performed under the Lexington Avenue/Lone Oak Road street improvement project.
25. The applicant shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
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26. All well and septic systems within the development shall be abandoned in accordance with City
and County standards.
Fiber to the Premises
27. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide
telecommunications fiber to the premises (FTTP). The applicant shall provide a civil drawing plan
for outside plant (including handholes and conduit path) work as well as an electrical plan for
inside plant work to be reviewed and approved by City staff. This development shall include the
installation of fiber optic cable in its construction plans at the time of Building Permit.
28. This development shall be designed to support broadband and fiber optic telecommunications
networks. The applicant shall provide a plan to be approved by staff including development -
owned vault(s) at an entry point(s) to the premises and a conduit system to provide fiber optic
to all buildings in the development. The conduit system shall utilize a multi -partitioned inner
duct system, or other comparable means, to accommodate multiple fiber optic service
providers in the future.
Parks and Recreation
29. The applicant shall satisfy park and trail dedications through cash dedication, payable at the
time of Building Permit at the rates then in effect. For multi -family development, the 2018 fee
for park dedication is $3,475 per unit, and for trail dedication is $258 per unit.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Rezoning from
T, Transitional and 1-1, Limited Industrial to PD, Planned Development, upon approximately 1.26 acres
located north of Lone Oak Road and west of Lexington Avenue. Aye: 5 Nay: 0
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Preliminary
Subdivision to create two lots upon approximately 16 acres located north of Lone Oak Road and west of
Lexington Avneue. Aye: 5 Nay: 0
NEW BUSINESS
There were no new business items to be heard.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
ADMINISTRATIVE AGENDA
CITY COUNCIL
Mayor Maguire wished everyone a happy and safe Thanksgiving.
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There were no visitors to be heard.
VISITORS TO BE HEARD
ADJOURNMENT
Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at
6:55 p.m. Aye: 5 Nay: 0
- `i -'3C)1&
Date
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Mayor
City Clerk