01/05/2021 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
JANUARY 5, 2021
No Listening Session was held.
Due to the COVID-19 pandemic, the regular Eagan City Council meeting was held virtually on Tuesday,
January 5, 2021 at 6:30 p.m. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen,
and Supina. Also present was City Administrator Osberg, Assistant City Administrator Miller, Finance
Director Pepper, Public Works Director Matthys, Community Development Director Hutmacher, City
Planner Schultz, Communications and Engagement Director Ellickson, Parks and Recreation Director
Pimental, City Clerk Scipioni and City Attorney Dougherty.
AGENDA
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as
presented. Aye: 5 Nay: 0 (Roll Call)
RECOGNITIONS AND PRESENTATIONS
City Administrator Osberg noted the written oaths were signed in advance of tonight's Council meeting
City Clerk Scipioni administered the Oath of Office for Council Member Cyndee Fields and Council
Member Mike Supina, who were elected to four-year terms.
Mayor Maguire congratulated Councilmember Fields and Supina. Councilmembers Bakken and Hansen
congratulated Councilmember Fields and welcomed Councilmember Supina.
CONSENT AGENDA
Councilmember Supina moved, Councilmember Hansen seconded a motion to approve the consent
agenda as presented: Aye: 5 Nay: 0 (Roll Call)
A. It was recommended to approve the December 15, 2020 City Council minutes, as presented, or
modified.
B. Personnel Items:
1. It was recommended to approve the hiring of part-time recurring and seasonal employees
for Preschool Teacher, Preschool Teacher's Assistant and Utility Maintenance Worker.
2. It was recommended to accept the resignation/retirement of Tom Pepper, Finance Director
and authorize his replacement.
3. It was recommended to approve the job title Fire Services Technician which will support the
Fire Department.
4. It was recommended to approve a Memorandum of Agreement regarding Emergency Paid
Leave between the City of Eagan and the LELS Local #185 — Patrol Sergeants.
5. It was recommended to approve a Memorandum of Agreement regarding Emergency Paid
Leave between the City o Eagan and the International Association of Fire Fighters, Local No.
5171— Fire Captains Unit.
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6. It was recommended to approve an update to the City's Emergency Management Plan to
update language in regard to the COVID-19 global pandemic.
7. It was recommended to approve the collective bargaining agreement with the Teamsters
Local 320 — Public Works and Park Maintenance Unit.
8. It was recommended to approve a Memorandum of Agreement regarding Emergency Paid
Leave between the City of Eagan and the International Association of Fire Fighters, Local No.
5171— Fire Fighters Unit.
C. It was recommended to ratify the check registers dated December 11 and 18, 2020.
D. It was recommended to approve the ordinary and customary contracts with Minnesota
Department of Agriculture.
E. It was recommended to approve the final payment for EAB tree removal in the amount of
$30,950.00.
F. It was recommended to approve Change Order No. 1 for Woodhaven Park Restroom Building
Construction.
G. It was recommended to approve Change Order No. 1 Woodhaven Park site improvements.
H. It was recommended to approve an agreement for assisting in Organized Crime Drug
Enforcement Task Force (OCDETF) investigations, strategic initiatives and prosecutions.
I. It was recommended to accept the amendment to the 2020 grant from the Minnesota
Department of Public Safety on behalf of the Dakota County Drug Task Force.
J. It was recommended to approve the final payment for Contract 19-27 (Fish Lake — Alum Dosing
Building Upgrade) in the amount of $52,184.00 to Ebert, Inc. dba Ebert Construction and accept
the improvements for perpetual City maintenance subject to warranty provisions.
K. It was recommended to approve the final payment for Contract 20-08 (Canter Glen — Storm Lift
Station Rehabilitation) in the amount of $80,891.13 to Minger Construction Co. Inc. and accept
the improvements for perpetual City maintenance subject to warranty provisions.
L. It was recommended to approve Change Order No. 1 for Contract 20-02 (Central Parkway and
Northwood Parkway — Street, Traffic Signal and Lighting Improvements) and authorize the
Mayor and City Clerk to execute all related documents.
M. It was recommended to approve the plans and specifications for Contract 21-05 (Yankee —
Storm Lift Station Rehabilitation) and authorize the advertisement for a bid opening to be held
at 11:00 a.m. CST on Thursday, January 28, 2021, at 3419 Coachman Point.
N. It was recommended to approve an amendment to the Fee Schedule Appendix for the current
Consulting Engineering and Soils and Materials Testing Contracts for services to be provided in
2021.
0. It was recommended to approve a Resolution of Support for a Dakota County Transportation
Department request to the Minnesota Department of Transportation for a Vehicle Speed Study
of Diffley Road (CSAH 30) in conjunction with the completion of the Diffley Road (CSAH 30)
School Area Improvement (County Projects 30-39).
P. It was recommended to approve the third amendment to the telecommunication lease
agreement with AT&T, for upgrades on the Yankee Reservoir site and authorize the Mayor and
City Clerk to execute all related documents.
Q. It was recommended to approve the third amendment to the telecommunication lease
agreement with T -Mobile, for upgrades on the Yankee Reservoir site and authorize the Mayor
and City Clerk to execute all related documents.
It was recommended to authorize submittal of the City's FY 2021 Community Development
Block Grant (CDBG) application and adopt a resolution approving the funding application
request.
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S. It was recommended to approve a modification to a condition and an extension of the Variance
approval for 3640 Elrene Road, Lot 2, Block 1, Raarup Addition.
T. It was recommended to authorize final payment and closure of contract with AVI Systems Inc. to
provide an audio/visual system for the renovations at the City Hall and Police facilities.
PUBLIC HEARINGS
Lot 1, Block 1, Bell Lexington Addition
Sidewalk, Trail & Utility Easement Vacations
City Administrator Osberg introduced the item noting the Council is being asked to consider the
vacation of sidewalk and trail and utility easements located at 2990 Lexington Avenue South.
Public Works Director Matthys gave a staff report and provided a site map.
John F. Cameron, Esq., representing Honsa Lighting Sales and Services, Inc., was available for questions.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Hansen moved, Councilmember Bakken seconded a motion to close the public hearing
and approve the vacation of public easements on Lot 1, Block 1, Bell Lexington Addition. Aye: 5 Nay: 0
(Roll Call)
OLD BUSINESS
There were no Old Business items to be heard.
NEW BUSINESS
Preliminary Planned Development — Sola Salons
City Administrator Osberg introduced the item noting the Council is being asked to consider a
Preliminary Planned Development to allow a 9,445 square foot one-story building intended for
commercial use as a salon upon 1.3 acres located east of Nicolas Road between Cedar Grove Parkway
and Eagan Outlets Parkway.
City Planner Schultz gave a staff report and provided a site map.
Michael Knisley, representing the applicant, explained the business model and that not all the studio
spaces are occupied at the same time, so they are very comfortable that parking is sufficient. Patrick
Elgin joined the virtual meeting and 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.
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Councilmember Bakken moved, Councilmember Supina seconded a motion to approve a Preliminary
Planned Development to allow a 9,445 square foot one-story building intended for commercial use as a
salon upon 13 acres located east of Nicols Road between Cedar Grove Parkway and Eagan Outlets
Parkway, legally described as Lot 2, Block 1, Cedar Grove Parkway 5t" Addition, subject to the following
conditions: Aye: 5 Nay: 0 (Roll Call)
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. The following plans shall be revised and submitted as Master
Development Plans prior to Final Subdivision and Final Planned Development approval.
• Preliminary Site Plan
• Preliminary Building Elevations
• Preliminary Landscape Plan
• Preliminary Site Lighting Plan
• Preliminary Signage 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 approved Preliminary Planned Development.
• Final Site Plan
• Final Building Elevations
• Final Landscape Plan
• Final Lighting Plan
• Final Signage Plan
3. The Planned Development shall have a term of three (3) years.
4. This Preliminary Planned Development approves a 9,445 sq. ft. retail commercial building
intended for use as a salon.
The applicant shall coordinate with the City for an acceptable design and location of the
corner monument features, and final design and plans shall be provided at the time of Final
Planned Development.
6. No "structural" or "non -removable" building features shall be allowed to overhang a
drainage and utility easement. The Final Building Elevations shall incorporate modifications
to eliminate structural projections within the easement, and to identify any other features
such as awnings that may overhang the easement as non -permanent and removable.
7. The applicant shall enter into an encroachment agreement for any "non-structural" or
removable" building features that overhang a drainage and utility easement, in a form
acceptable to the City Attorney.
8. Final Building Elevations shall include a data table showing the percentage of primary and
secondary materials to demonstrate compliance with the City Code standards. A materials
palette also shall be provided with the Final Planned Development identifying the specific
products and color selections for different materials.
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9. At the time of Final Planned Development, the applicant shall acquire and submit an access
agreement for the tree planting on Affinity Eagan property and provide documentation
indicating initial and long-term maintenance responsibility for the new landscaped area.
10. The Final Landscape Plan shall omit trees within the westerly utility easement, and
substitute shrubs and perennials in that area to provide visual interest, frame the building,
and screen parking.
11. The Final Landscape Plan also shall include tree planting specifications, irrigation
information, and warranty notes.
12. The developer shall protect the preserved trees' 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, of significant trees/ woodlands to be preserved on-site.
13. The developer 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.
14. Pole mounted site lighting shall not exceed 20 feet in height. This shall be confirmed at the
time of Final Planned Development.
15. 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.
16. All retaining walls shall be located entirely within the subject property.
17. The applicant shall obtain an easement or agreement from the neighboring property owner
for any work on the neighboring property prior to the issuance of a building permit.
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 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.
20. Erosion control measures shall be installed and maintained in accordance with City code
and engineering standards.
21. All public and private streets, drainage systems, and utilities necessary to provide service to
this development shall be designed and certified by a registered professional engineer in
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accordance with City adopted codes, engineering standards, guidelines, and policies
22. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
23. The restoration of any street, boulevard, or sidewalk damaged during construction activities
shall be restored in a manner acceptable to the City Engineer.
24. The applicant shall perform turn lane and striping modifications on Eagan Outlets Parkway
to accommodate the parking lot access, in a manner acceptable to the City Engineer.
25. No construction equipment or vehicles shall use the parking garage during development of
this site.
26. All perimeter construction fencing shall be installed a minimum of five (5) feet behind the
curb, or behind the trail/ sidewalk if one is present.
27. All existing trails/ sidewalks shall remain fully open to pedestrian traffic throughout
construction, and any damage to those facilities should be the responsibility of the
developer to repair and/ or replace in a manner acceptable to the City Engineer.
28. No construction staging or construction activities shall occur in the right-of-way, and no lane
or shoulder restrictions shall occur on any adjacent roadways without prior approval by the
City Engineer.
29. Any excavation into a drainage and utility easement for building construction purposes shall
be performed in a manner acceptable to the City Engineer.
30. Any installation of masonry piers and an aluminum fence, and associated landscaping, in the
drainage and utility easement or other City easement shall be performed in a manner
acceptable to the City Engineer, and the applicant shall enter into an encroachment
agreement for those features in a form acceptable to the City Attorney.
31. The applicant shall enter into an encroachment agreement for any retaining wall in a
drainage and utility easement, in a form acceptable to the City Attorney.
32. The developer shall obtain all outside agency permits as necessary for completion of the
site improvements.
33. This development shall be subject to cash trail dedication at the time of Building Permit, at
the rates then in effect.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
ADMINISTRATIVE AGENDA
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January 5, 2021
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CITY COUNCIL
Mayor Maguire congratulated Councilmembers Fields and Supina again.
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
7:30 p.m. Aye: 5 Nay: 0 (Roll Call)
Date
WA
ity Clerk