06/02/2020 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
JUNE 2, 2020
No Listening Session was held.
Due to the COVID-19 outbreak, the Council has directed that regular, special and emergency meetings of
the Council be conducted by telephone or other electronic means until such time as in-person meetings
can resume in a practical and prudent manner.
A virtual meeting of the regular Eagan City Council was held on Tuesday, June 2, 2020 at 6:30 p.m.
Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present the City
Administrator Osberg, Assistant City Administrator Miller, Public Works Director Matthys, Community
Development Director Hutmacher, City Planner Schultz, and City Attorney Bauer.
AGENDA
City Administrator Osberg noted under Public Hearings Item B - Public Hearing to consider an extension
of Minnesota Investment Fund (MIF) Grant Contract and Loan Agreement with the MN Department of
Employment and Economic Development (DEED) and Medical Equipment Solutions, Inc. d/ b/a Purair
Products., the applicant withdrew the request for an extension on the MIF loan.
Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the agenda as
amended. Aye: 5 Nay: 0 (Roll Call)
RECOGNITIONS AND PRESENTATION
There were no recognitions and presentation to be heard.
CONSENTAGENDA
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the consent
agenda as amended: Aye: 5 Nay: 0 (Roll Call)
A. It was recommended to approve the May 12, 2020 Special City Council minutes, and the May
19, 2020 regular City Council minutes, as presented or modified.
B. Personnel Items:
1. It was recommended to approve the hiring of the seasonal, non -benefit eligible employees
for the positions of: Art House Summer Team Member, Art Instructor— Outreach Programs,
Assistant Recreation Leader and Recreation Leader—Sparkl Mobile.
2. It was recommended to authorize the increase of the City's monthly medical insurance
premiums forthe Public Works Director for the remainder of 2020 from $1,220.78 to
$1,373.68, beginning with the June 26 pay check.
3. It was recommended to approve the hiring of William Boyd, Utility Maintenance Worker—
Water Production.
4. It was recommended to approve the promotion of Richard Robohm, Streets Maintenance
Worker, to Streets Maintenance Lead.
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5. It was recommended to approve the hiring of Autumn Shurbert-Hetzel, Police Officer.
6. It was recommended to approve the hiring of Seth Pederson, Police Officer.
C. It was recommended to ratify the check registers dated May 15 and May 22, 2020.
D. It was recommended to approve the ordinary and customary contract for Water Quality Cost
Share, Operation and Maintenance Agreements with Michael and Keevan Kosidowski, Frank and
Vanessa Cossetta, Michael and Tia Radant, and Joseph and Jacquelyn Dimmer.
E. It was recommended to approve an agreement between the City of Eagan and Life Development
Resources.
F. It was recommended to adopt the 5 -year Capital Improvement Plan for Public Works
Infrastructure, (2021-2025) and authorize the initiation of the public improvement process for
the 2021 and 2022 programmed improvements.
G. It was recommended to approve revisions to the Winter Trail Maintenance Plan.
H. It was recommended to approve an Amendment to the Eagan - Apple Valley Sanitary Sewer
Facilities Joint Service Agreement with the City of Apple Valley and authorize the Mayor and City
Clerk to execute all related documents.
I. It was recommended to approve an amendment of the City's Special Assessment Policy
regarding the credit threshold for Commercial- Industrial and Collector/ Arterial streets.
J. It was recommended to authorize an engineering infrastructure analysis by Advanced
Engineering and Environmental Services, Inc. (AE2S) at a cost of $80,700.00, for the purpose of
augmenting the Utility Rate Study.
K. It was recommended to approve a Final Subdivision (Schramm Meadows) to create 7 single-
family lots upon approximately 5 acres located at 4370 Dodd Road.
L. It was recommended to approve a Final Plat for Lexington Logistics Center creating a single (1)
lot plat upon approximately 14 acres located northeast of Lexington Avenue and Gemini Road.
M. It was recommended to approve an Ordinance Amendment regarding Minnesota State Building
Code.
N. It was recommended to approve the Water Meter Replacement/Repair (R/R) Program (City
Code 3.05) surcharge appeal.
PUBLIC HEARINGS
Approve an ordinance establishing the Countryside Condominiums Homeowners
Association Housing Improvement Area and imposing an improvement fee on housing
units in the housing improvement area pursuant to the Minnesota Statutes Chapter 428A
City Administrator Osberg introduced the item noting on September 3, 2019, the City Council approved
amended Housing Improvement Area Policy, Application; Process, and Housing Improvement Area
Standards. Before the Council is three actions for consideration.
Community Development Director Hutmacher gave a staff report along with a presentation.
Doug Strandness, consultant to the Countryside Condominiums Homeowners Association, was available
for questions.
Mayor Maguire opened the public hearing. There being no comment, he turned the discussion back to
the Council.
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Councilmember Hansen moved, Councilmember Fields seconded a motion to close the public hearing
and approve an ordinance establishing the Countryside Condominiums Homeowners Association
Housing Improvement Area and imposing an improvement fee on housing units in the housing
improvement area pursuant to the Minnesota Statutes Chapter428A. Aye: 5. Nay: 0 (Roll Call)
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the development
agreement with Countryside Condominiums Homeowners Association. Aye: 5 Nay: 0 (Roll Call)
Councilmember Hansen moved, Councilmember Fields seconded a motion to authorize publication of a
summary ordinance. Aye: 5 Nay: 0 (Roll Call)
A Public Hearing to consider an extension of Minnesota Investment Fund (MIF) Grant
Contract and Loan Agreement with the MN Department of Employment and Economic
Development (DEED) and Medical Equipment Solutions, Inc. d/ b/a Purair Products.
City Administrator Osberg noted no action is required as the request has been withdrawn
There are no old business items to be heard.
OLD BUSINESS
NEW BUSINESS
Rezoning and Preliminary Planned Development — Dalcota County CDA
City Administrator Osberg introduced the item noting the Council is being asked to consider a Rezoning
from CGD, Cedar Grove District to PD, Planned Development, for approximately 0.83 acres upon
property located at the southeast corner of Nicols Road and Cedar Grove Parkway, and a Preliminary
Planned Development for the development of 3 -story multi -family building upon approximately 0.83
acres located at the southeast corner of Nicols Road and Cedar Grove Parkway.
City Planner Schultz gave a staff report and provided a site map.
The applicant, Kari Gill, Dakota County CDA, gave a brief summary of the request and was available for
questions.
The Council discussed the request. Councilmember Fields noted she would like to see an outside area
with patio seating and BBQ.
Mayor Maguire open the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Rezoning from
CGD, Cedar Grove District to PD, Planned Development, for approximately 0.83 acres upon property
located at the southeast corner of Nicols Road and Cedar Grove Parkway. Aye: 5 Nay: 0 (Roll Call)
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Preliminary
Planned Development for the development of 3 -story multi -family building upon approximately 0.83
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acres located at the southeast corner of Nicols Road and Cedar Grove Parkway, subject to the conditions
listed below as amended: Aye: 5 Nay: 0 (Roll Call)
1. A Final Planned Development Agreement shall be executed for the development prior to
issuance of a building permit. The following plans are necessary for the Final Planned
Development Agreement:
• Final Site Plan
• Final Building Elevations
• Final Landscape Plan
• Final Site Lighting Plan
2. The property shall be replatted as a single parcel at the time of Final Planned Development and
prior to issuance of a Building Permit.
3. Final Building Elevations at the time of Final Planned Development shall include a data table
showing the percentage of primary and secondary materials to demonstrate compliance with
City Code standards. A materials palette shall be provided with the Final Planned Development
identifying the specific products and color selections for different materials.
4. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City
Code.
S. All mechanical equipment, both rooftop and ground mounted, shall be shown on the Building
Elevations and Site Plan at the time of Final Planned Development. Screening shall be provided
in accordance with City Code standards and means of screening identified on the final plans.
6. Trash storage shall be within the building.
7. Consistent interior window treatments shall be provided within the dwelling units building, for
windows that are visible from a public street or open space.
S. The applicant shall provide and identify additional on-site recreation space at the time of Final
Planned Development.
9. A Site Lighting Plan consistent with City Code standards shall be provided at the time of Final
Planned Development. Pole mounted lights shall not exceed a height of 20 feet.
10. Addition of an outdoor patio seating and BBQarea.
LANDSCAPING/TREE PRESERVATION
10. Trees shall not be located within the right-of-way or within 10 feet of the water main. A revised
Landscape Plan shall be provided with the Final Planned Development that omits trees from the
right-of-way. The revised Landscape Plan shall provide specifics on what plants and quantities
will occupy the shrub and perennial beds, and the applicant shall work with City staff on plant
selections that will not have an adverse impact.
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11. An encroachment and maintenance agreement in a form acceptable to the city attorney shall be
required at the time of Final Planned Development for any landscaping that Is allowed within
the right-of-way.
12. A Tree Mitigation Plan separate from the Landscape Plan shall be provided for the Final Planned
Development.
13. Tree Mitigation is required in the amount of 50 Category B trees, or equivalent Category A or C
trees, cash dedication, or combination thereof.
14. A Tree Health Management Plan shall be implemented for partial impacts to preserved off-site
trees.
15. The tree protection fencing shall be shown on the Final Tree Preservation Plan, and shall be
installed at the Drip Line or at the perimeter of the Critical Root Zone of all trees to be
preserved.
16. 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 the placement of Tree Protection Fencing.
GRADING
17. 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.
18. 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.
19. 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.
20. Erosion control measures shall be Installed and maintained in accordance with City code and
engineering standards.
WATER QUALITY
21. 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 the site's proposed impervious
surface area and any other disturbed soils that are not remediated following an approved Soil
Management Strategy.
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22. Prior to receiving city approval to permit land disturbing activity, the property owner 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.
23. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide to
the City a minimum of three soil boring logs within the footprint of the proposed sub -surface
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.
24. 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 -state infiltration rate of no less than 0.3 -inch per hour (based on 0.15 -
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 0.3 -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.
25. 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
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e) physical access via manhole will be provided to the isolator row for inspection and
maintenance.
26. 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.
27. Priorto 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.
28. 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
29. The applicant shall modify the utility plans in a manner acceptable to the City Engineer. This
generally includes showing the existing watermain along Nicols Road; modifyingthe watermain
connection to the public watermain to avoid open cutting Cedar Grove Parkway; connecting the
sanitary sewer service to the trunk main via a wye (not a connection into a manhole); and
connecting the private storm sewer to the 42 -inch public main by core drilling directly into the
main (not constructing a new manhole).
30. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
EASEMENTS/ RIGHT-OF-WAY
31. No trees shall be located in public right-of-way or within 10 feet of any public watermain, storm
sewer, or sanitary sewer.
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STREETS/ ACCESS/ CIRCULATION
32. The applicant shall provide a contractor parking plan in a form acceptable to the City Engineer,
prior to the approval of the building permit.
PARKS AND RECREATION
33. Cash park and trail dedications shall payable at the time of Building Permit at the rates then in
effect.
Conditional Use Permit—Merkan Corporation
City Administrator Osberg introduced the item noting the 1.8 -acre parcel has two buildings, an 8,300 SF
warehouse built in 1962 and a 9,200 SF service garage built in 1964. The Council is being asked to
consider a Conditional Use Permit for outdoor storage of no more than 20 trucks, 20 trailers, eight (8)
landscape material bins, seasonal equipment, five (5) roll off containers and three (3) outdoor fuel tanks
at 1771 Yankee Doodle Road.
City Planner Schultz gave a staff report and provided a site map.
The applicant Ryan Grimwood, Merkan Corporation, was available for questions.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Conditional Use
Permit for outdoor storage of no more than 20 trucks, 20 trailers, eight (8) landscape material bins,
seasonal equipment, five (5) roll off containers and three (3) outdoor fuel tanks at 1771 Yankee Doodle
Road, subject to the conditions listed below: Aye: 5 Nay: 0 (Roll Call)
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by
the City Council, and proof of recording submitted to the City.
2. This Conditional Use Permit shall supersede and replace any and all prior Conditional Use
Permits previously issued to the Property.
3. Outdoor storage shall be permitted in the numbers and locations as delineated on the Site Plan
and identified on the storage list dated April 29, 2020.
4. The site shall be kept in an orderly manner with only the items listed on the Site Plan to be
stored outside.
5. The applicant shall install bollards around the fuel tanks in a manner acceptable to the City Fire
Marshall by September 1, 2020.
6. Power gate must have KNOX gate key switch, or manual gate must have KNOX padlock for
emergency entry.
7. The Applicant shall maintain all paved surfaces in good condition.
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8. The Applicant shall Include an appropriately designed and effectively constructed stormwater
diversion barrier in the northwest corner of the site to direct all stormwater runoff from this site
drainage area into the northwest storm sewer catch -basin and operate effective catch -basin
inlet protection practices to separate and capture sediment, debris and hydrocarbons from the
storm water from this site prior to entering the public storm system, in a manner acceptable to
the City Engineer by September 1, 2020.
9. The Applicant shall include inspection/maintenance schedule (of an appropriate recurring
frequency and after 0.5 -inch rain events or greater) and other details for ensuring
sediment/debris/hydrocarbon capture from entering catch -basin inlet from contributing paved
surface areas and for ensuring no off-site stormwater bypassing occurs. Details shall be
included in applicable plan sheet(s).
10. The Applicant shall include appropriate spill containment measures by the fueling areas,
including providing appropriate spill kits and an Emergency Response Plan that details
procedures for spill response/cleanup/disposal, including protocols, emergency contacts, and
incidence log, which shall be accessible at the site, and shall include an inspection/maintenance
schedule (of an appropriate recurring frequency and after 0.5 -inch rain events or greater) in a
manner acceptable to the City Engineer, to ensure that no hydrocarbons enterthe catch -basin
inlet from the site's fueling areas.
11. 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 private permanent stormwater management
system, in a form acceptable to the City Attorney.
Conditional Use Permit— 4183 Braddock Trail, Eagan High School
City Administrator Osberg introduced the Item noting the request is for an approximately 47 -foot, 880
square foot pylon sign/dynamic display and scoreboard as part of the Eagan High School football and
track facility. The Council is being asked to consider a Conditional Use Permit to allow a pylon sign/
dynamic display scoreboard upon property located at 4183 Braddock Trail.
City Planner Schultz gave a staff report and provided a site map.
Sandra Setter, Athletic Director at Eagan High School, gave a brief summary of the request and was
available for questions.
Mr. John Grabow, AIM Electronics, Inc, was available for questions.
The Council discussed the request.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilman Bakken recommended using a consistent term of the scoreboard within the conditions.
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Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Conditional Use
Permit to allow a pylon sign/dynamic display scoreboard upon property located at 4183 Braddock Trail,
subject to the conditions listed below as amended: Aye: 5 Nay: 0 (Roll Call)
1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the
date of approval by the City Council
2. An administrative Sign Permit shall be obtained from the City priorto installation of the
scoreboard.
3. A building permit shall be obtained prior to installation of the dynamic display/scoreboard.
4. The existing scoreboard shall be removed prior to installation of the dynamic
display/scoreboard.
5. The dynamic display/scoreboard shall be located as indicated on the site plan received April 16,
2020.
6. The dynamic display/scoreboard shall not exceed the dimensions as indicated on the exhibit
dated April 16, 2020.
7. The dynamic display/scoreboard shall comply with all Sign Code requirements.
8. The dynamic display/scoreboard shall be used for high school events and games only.
9. The dynamic display/scoreboard shall be in use only when an operator is present and can turn
the scoreboard off in the event of a malfunction.
10. The dynamic display/scoreboard must be turned off when not in use.
11. The dynamic display/scoreboard must be operated in a manner that does not create a public
nuisance.
12. Landscaping shall be restored to the current condition by September 1, 2020.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
ADMINISTRATIVE AGENDA
CITY COUNCIL
Mayor Maguire noted we are meeting in challenging times. There are three pandemics in Minnesota:
the pandemic of Covid, the pandemic of racism, and the pandemic of the death of George Floyd. The
City is sensitive to and aware of all these pandemics. Regarding the curfew, at the suggestion of Police
Chief New and after reviewing the data over the weekend, it was apparent that there was a lot of
suspicious activity in our community, which warranted the continuation of a curfew.
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CITY ADMINISTRATOR
City Administrator Osberg noted today the City participated by turning our social media profiles black in
response to the death of George Floyd.
Osberg noted because of COVID 19 the Advisory Commissions interviews, that would have been held in
April, did not happen. Osberg suggested the interviews be held on July 14 the Special Council Workshop.
All Councilmembers agreed.
There were no visitors to be heard.
VISITORS TO BE HEARD
G"fq,111:1 !1LIFAl Qll
Councilmember Hansen moved, Councilmember Tilley seconded a motion to adjourn the meeting at
8:27 p.m. Aye: 5 Nay: 0 (Roll Call)
Date
1