04/02/2019 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
APRIL 2, 2019
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, April 2, 2019 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, Public Works Director Matthys, Community Development Director Hutmacher,
Communications and Engagement Director Ellickson, Parks and Recreation Director Pimental, Police
Chief New, City Clerk Scipioni, City Attorney Bauer 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 presentation to be heard.
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 March 12, 2019 Special City Council meeting,
and March 19, 2019 regular City Council minutes as presented or modified.
B. Personnel Items:
1. It was recommended to accept the resignation of Jarvis Groth, Utility Maintenance Worker
and authorize the recruitment and replacement of this position.
2. It was recommended to approve the hiring of seasonal and part time recurring, non -benefit
eligible employees as Recreation Program Assistant and Art House Instructor IIs.
C. It was recommended to ratify the check register dated March 15 and March 22, 2019.
D. It was recommended to approve the ordinary and customary contracts with Pitney Bowes
Presort Services, 1St Things 1St, Elvis Experience, Apple Valley High R&B Band, Axis Mundi, Brio
Brass, Briz and Lady, Craig Clark, Greenwood Tree, House of Dance, JPS Entertainment, LaValley
Jazz Cats, Rockin Hollywoods, Saddle Sores, Six Appeal, Socaholix, Sound Advice, THAT Cooking
School, The Percolators, Vinnie Rose, Eagan 50+ Senior, Genisys Credit Union, Hunger Solutions -
EBT & Market Bucks, Pros of the Rope Vendor Service, and University of Minnesota.
E. It was recommended to approve a resolution to accept donations from the Eagan Hockey
Association, Affordable Inflatables and Dakota Electric Association.
F. It was recommended to set the interest rate for special assessments levied in 2019 at 4%.
City Council Meeting Minutes
April 2, 2019
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G. It was recommended to receive bids and award Contracts 19-14, 19-15, and 19-16 for Nature
Trail Improvements and authorize the Mayor and City Clerk to execute all related documents.
H. It was recommended to approve a one-year extension of Conditional Use Permit and Variance
approvals for the Lebanon Hills Substation located at 4627 Dodd Road.
I. It was recommended to approve a First Amendment to the Purchase Agreement with Advanced
Oral Surgery LLC for the sale of Lot 1, Block 1, Yankee Plaza 2"d Addition.
J. It was recommended to approve Change Order No. 4 for Contract 18-05 (Central Maintenance
Facility — Phase II Improvements) and authorize the Mayor and City Clerk to execute all related
documents.
K. It was recommended to approve the final payment for Contract 18-05 (Central Maintenance
Facility — Phase II Improvements) in the amount of $194,883.31 to Ebert Construction and
accept the improvements for perpetual City maintenance subject to warranty provisions.
L. It was recommended to receive the bids for Contract 19-01 (2019 Street Revitalization) and
award a contract to McNamara Contracting, Inc. for the base bid in the amount of
$1,918,793.73, and the alternate bid in the amount of $30,476.75, for a total bid of
$1,949,270.48 and authorize the Mayor and City Clerk to execute all related documents.
M. It was recommended to approve the plans and specifications for Contract 19-17 (Murphy
Parkway Sanitary Lift Station Rehabilitation) and authorize the advertisement for a bid opening
to be held on 11:00 a.m. CDT on Thursday, April 25, 2019 at 3419 Coachman Point, Eagan, MN.
N. It was recommended to approve an Aquatic Invasive Species Grant Agreement with Dakota
County to control one aquatic invasive species (AIS) in Holz and Hay Lakes for a second year and
another AIS in several other locations and authorize the Mayor and City Clerk to execute all
related documents.
O. It was recommended to acknowledge the completion and authorize perpetual City
maintenance, subject to warranty provisions, of City Private Project 16-G (Willow Ridge).
P. It was recommended to amend the 2018 and 2019 General Fund Budget for services and
compensation corrections regarding Scanning Services — Expenditure, City Administrator —
Vacation, and Executive Assistant — Salary.
Q. It was recommended to approve a contract to enter into a lease agreement with RenaSola for
solar power credits that will be generated at their developed solar gardens in southwest
Minnesota. The specific Xcel accounts that will be included on this action are limited to Central
Park, Market Fest and Eagan Community Center property accounts.
R. It was recommended to approve a Water Quality and Wetland Management Plan (WQWMP)
Update.
PUBLIC HEARINGS
Approve an Amendment to a Business Subsidy Pursuant to Minnesota Statutes
Section 116J.993 to 116J.995 for J & J Solutions, Inc. d/b/a Corvida Medical, Inc.
City Administrator Osberg introduced the item noting on August 1, 2016, the Council approved a loan
agreement that provided up to $400,000.00 in business assistance to Corvida Medical. The conditions of
the agreement require Corvida Medical to create 17 new, permanent jobs in the City of Eagan and
provide a minimum of $5.5 million of equity to complete the project. Corvida Medical has asked for an
extension of one year to meet job and equity requirements.
City Council Meeting Minutes
April 2, 2019
3 page
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve a resolution
authorizing an amendment to a business subsidy pursuant to Minnesota Statutes Sections 116J.993 to
116J.995, a Grant Contract Amendment, and a Minnesota Investment Fund Loan Amendment for J & J
Solutions, Inc. d/b/a Corvida Medical, Inc., and authorize the Mayor and City Administrator to execute
the same. Aye: 4 Nay: 0
OLD BUSINESS
There were no old business items to be heard.
NEW BUSINESS
Interim Use Permit — Country Inn & Suites/Brett Rose
A 3 -year Interim Use Permit to allow 200 parking spaces for a hotel park and fly operation
City Administrator Osberg introduced the item noting the applicant is proposing a parking lot expansion
to accommodate their park -sleep -fly service at Country Inn & Suites. The action to be considered is to
approve or direct preparation of Findings of Fact for Denial for an Interim Use Permit for three years to
allow 200 Hotel/airport parking stalls on Lot 1, Block 1, Oakview Center 2nd Addition subject to the
conditions in the staff report.
City Planner Ridley gave a staff report and provided a site map.
Brett Rose, representing the applicant, gave a summary of the request and was available for questions.
Mayor Maguire opened the public comment. Robert Binder, Landscape Architect, CivilSite Group,
addressed the Council noting the proposed landscaping meets City Code requirements. There being no
public comment, he turned the discussion back to the Council.
The Council discussed the Interim Use Permit. The Council noted concerns of setting a precedent by
allowing outdoor storage in the middle of a retail/service area. Concerns were also noted regarding the
construction of 200 additional parking stalls for a parking lot on the property already approved for a
hotel.
Councilmember Fields moved, Mayor Maguire seconded the motion to direct preparation of Findings of
Fact for Denial for an Interim Use Permit for three years to allow 200 hotel/airport parking stalls on Lot
1, Block 1, Oakview Center 2nd Addition. Aye: 4 Nay: 0
City Council Meeting Minutes
April 2, 2019
4 page
Comprehensive Guide Plan Amendment — Red Pine/Clements Construction,
Michael Clements - A Comprehensive Guide Plan Amendment of 11.3 acres from RC,
Retail Commercial to MD, Medium Density
City Administrator Osberg introduced the item noting the property is located at Red Pine Lane and
Highway 3 upon approximately 11 acres. The action to be considered is to direct staff to submit to the
Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation from
RC, Retail Commercial, to MD, Medium Density, upon approximately 11 acres located southeast of Red
Pine Lane and Highway 3.
City Planner Ridley gave a staff report and provided a site map.
Michael Clements, Clements Construction, was available for questions.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
The Council discussed the Comprehensive Guide Plan Amendment. Councilmembers Bakken and Fields
noted their concerns regarding the negative impact noise from the Gun Club would have on the
proposed residential development.
Councilmember Bakken moved, Councilmember Hansen seconded a motion to direct staff to submit to
the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation
from RC, Retail Commercial, to MD, Medium Density, upon approximately 11 acres located southeast of
Red Pine Lane and Highway 3.
After further discussion, it was the consensus of the Council that a retail commercial development was
not realistic and that it would behoove the City and property owner to have a small area study done for
the area bounded by Highway 3, Biscayne Avenue, Red Pine Lane, and Gun Club Road to determine what
market -supportable land use would best suit the area. In the spirit of working together and allow time
for the study, Mr. Clements withdrew the application.
Councilmember Bakken moved, Councilmember Hansen seconded a motion to direct staff to have a
small area land use study completed. Aye: 4 Nay: 0
Planned Development Amendment — Gopher Resources/Daniel Leach
A Planned Development Amendment to Allow Modifications to the Site Layout at the Recycling Zone
City Administrator Osberg introduced the item noting the proposed modifications include expansion of
the entrance canopy, outdoor storage of bins for collection of materials, and construction of an entry
check-in station to streamline the drop-off process. The site is located at 3365 Dodd Road.
City Planner Ridley gave a staff report and provided a site map.
Todd Heuer, Gopher Resources, was available for questions.
City Council Meeting Minutes
April 2, 2019
5 page
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned
Development Amendment to modify the Site Plan for property located at 3365 Dodd Road, subject to
the following conditions: Aye: 4 Nay: 0
1. An Amendment to the Planned Development Agreement shall be executed and
recorded with the Dakota County Recorder's office within 90 days of approval. Proof of
recording shall be provided to the City. The PD Amendment Agreement shall include
the following exhibits:
a. Site Plan
b. Building Elevations
c. Landscape Plan
d. Tree Mitigation Plan
2. The outdoor storage shall be limited to the type and amount and area of items as
depicted on the approved Site Plan.
3. This Agreement is intended to supplement and amend the prior Planned Development
Agreements. The prior PD Agreements shall remain in full force and effect.
4. A revised Landscape and Mitigation Plan shall be provided that accurately reflects the
trees already installed, and the future landscaping to be done at the time of future
expansion.
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 (or full stormwater reuse and/or equivalent water quality
treatment through filtration).
6. The applicant shall provide assurances that appropriate pollution source -control
measures are being implemented, operated and maintained to provide effective and
continuous source -control of potential pollutants involved with the operations of the
recycling facility (e.g. covered, hinged -lid dumpsters, parking lot cleaning, etc.). These
assurances shall be documented in an Operations & Maintenance Plan.
7. The applicant shall provide assurances that the parking lot stormwater filtration basin
will be effectively renovated, restored, operated and maintained to ensure removal and
filtration of stormwater pollutants prior to discharge into the Stormwater Reuse Basin.
These assurances shall be documented in an Operations & Maintenance Plan.
City Council Meeting Minutes
April 2, 2019
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8. The applicant shall provide assurances that the Stormwater Reuse Basin is properly
operated and maintained to ensure that this Stormwater Reuse Basin operates as
intended and does not discharge into North Lake. These assurances shall be
documented in an Operations & Maintenance Plan.
9. 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
and stormwater infrastructure elevations and locations in digital format, that
demonstrate that all constructed stormwater conveyance structures, stormwater
management facilities conform to design and/or construction plans, as approved by the
City.
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 Bakken moved, Councilmember Hansen seconded a motion to adjourn the meeting at
9:01 p.m. Aye: 4 Nay: 0
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