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06/07/2016 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JUNE 7, 2016 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire and Councilmembers Bakken, Hansen and Tilley. Councilmember Fields arrived at 6:07 p.m. Paula Overby addressed the City Council regarding the code enforcement issues on her property. A regular meeting of the Eagan City Council was held on Tuesday, June 7, 2016 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire and Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Osberg, Assistant City Administrator Miller, Communications Director Garrison, Finance Director Pepper, Director of Community Development Hutmacher, City Planner Ridley, City Engineer Gorder, Director of Parks and Recreation Pimental, Police Chief McDonald, City Attorney Dougherty, City Clerk Scipioni and Executive Assistant Stevenson. AGENDA Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION City Administrator Osberg recognized and presented a plaque to Jon Hohenstein, Community Development Director, for his 26 years of service to the City of Eagan. Mr. Hohenstein thanked the City for the opportunity to serve. The City Council thanked Jon for his service to the City. CONSENT AGENDA Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the Consent agenda as presented: Aye: 5 Nay: 0 Mayor Maguire recognized items U - Recommend to approve a resolution adopting the Final Alternative Urban Areawide Review (AUAR) and Mitigation Plan — MV Eagan Ventures, and Item V - Recommend to receive the petition for Project 1225 (MV Eagan Ventures — Street & Utilities) and authorize the preparation of detailed plans and specifications. Representatives from MV Eagan Ventures were present. A. It was recommended to approve the minutes of May 10 Special City Council and May 17, 2016 regular City Council meeting as presented. B. Personnel Items: 1. It was recommended to approve the hiring of Austin Akervik, and Krishina Mau, Police Officers with the Eagan Police Department. 2. It was recommended to ratify the collective bargaining agreement between the City of Eagan and the Teamsters Public Works and Parks Maintenance Workers Unit, Local #320. 3. It was recommended to authorize the hiring of seasonal staff for Cascade Bay, Eagan Community Center, and a Temporary Elections Assistant. City Council Meeting Minutes June 7, 2016 2 page C. It was recommended to ratify the check register dated May 6, May 13, and May 20, 2016 as presented. D. It was recommended to approve the ordinary and customary contracts with Magnet Forensics USA, Inc., Nancy Jo Shaw, Cindy Olson, and Gary Harbo. E. It was recommended to approve the revised Utility Account Discrepancy Policy. F. It was recommended to appoint Dougherty, Molenda, Solfest, Hills & Bauer, P.A. as civil attorney for the City of Eagan. G. It was recommended to appoint Campbell Knutson, P.A. as prosecuting attorney for the City of Eagan. H. It was recommended to appoint Ratwik, Roszak, & Maloney, P.A. as labor attorneys for the City of Eagan. I. It was recommended to approve final payment for Contract 15-10, Old Town Hall Renovation, in the amount of $22,721.76 to Parkos Construction Company and accept the improvements for perpetual City maintenance subject to warranty provisions. J. It was recommended to approve a resolution adopting and authorizing implementation of the performance measures developed by the Council on Local Results and Innovation. K. It was recommended to approve Change Orders No. 1 to Contract 15-23 (Well No. 3 Restoration — Water System Improvements) and authorize the Mayor and City Clerk to execute all related documents. L. It was recommended to receive bids for City Contract 16-03 (2016 Trail and Parking Lot Improvements) and award the contract to Bituminous Roadways, Inc., for the base bid in the amount of $587,286.25, and authorize the Mayor and City Clerk to execute all related documents. M. It was recommended to approve Change Order No. 1 to Contract 16-04 (Central Maintenance Facility Renovations) and authorize the Mayor and City Clerk to execute all related documents. N. It was recommended to receive the quotes and award Contract 16-20 (Citywide Traffic Signal Painting) to OLS Restoration, Inc., for the Base Bid in the amount of $11,315 and authorize the Mayor and City Clerk to execute all related documents. 0. It was recommended to approve Project 1223 — Minnesota Valley Transit Authority (MVTA) bus shelter pad installations. P. It was recommended to approve the final payment for Contract 16-06 (Pond EP -2.01 Water Quality Improvements) in the amount of $69,087.80 to Craig Bardson Excavating, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. Q. It was recommended to adopt the 5 -year Capital Improvement Plan for Public Works Infrastructure, Part III (2017-2021) and authorize the initiation of the public improvement process for the 2017 programmed improvements. R. It was recommended to approve the Joint Powers Agreement with the Dakota County Transportation Department for Project 1212 (2016 Citywide Trail and Parking Lot Improvements) within County right-of-way in the City of Eagan and authorize the Mayor and City Clerk to execute all related documents. S. It was recommended to approve specific additions to the Winter Trail Maintenance Program as endorsed by consensus at the May 10, 2016 City Council Workshop. T. It was recommended to approve an agreement with the Minnesota Department of Health (MDH) for a Source Water Protection (Wellhead Protection Plan) Competitive Grant and authorize the Mayor and City Clerk to execute all related documents. U. It was recommended to approve a resolution adopting the Final Alternative Urban Areawide Review (AUAR) and Mitigation Plan — MV Eagan Ventures. City Council Meeting Minutes June 7, 2016 3 page V. It was recommended to receive the petition for Project 1225 (MV Eagan Ventures — Street & Utilities) and authorize the preparation of detailed plans and specifications. W. Item removed. X. Item removed. Y. It was recommended to approve Off -Sale Liquor License for Atomic Liquor of Eagan, Incorporated doing business as Atomic Liquors, 2113 Cliff Road. Z. It was recommended to approve Manager Change for the On -sale Liquor of Sunday Liquor License for Apple Minnesota LLC doing business as Applebee's Neighborhood Grill & Bar. AA. It was recommended to approve housekeeping Ordinance Amendment to City Code Chapter 9.12 regarding impounding and removing vehicles. BB. It was recommended to cancel the July 12, 2016 Special City Council meeting. CC. It was recommended to approve a resolution to accept donations for multiple Eagan Market Fest event partnership donations from Argosy University and Dr. Jennifer Eisenhuth Orthodontics. 2015 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) Finance Director Pepper introduced the item noted the Comprehensive Annual Financial Report for 2015 has been completed and the audit by BerganKDV has been performed. Matt Mayer of BerganKDV gave a presentation summarizing the financial report. Councilmember Fields moved, Councilmember Bakken seconded a motion to receive and accept the 2015 Comprehensive Annual Financial Report. Aye: 5 Nay: 0 PUBLIC HEARINGS Lot 1, Block 1, Tesseract 2nd Addition Easement Vacation and Final Plat (Tesseract 3td Addition) City Administrator Osberg introduced the item noting the Council is being asked to approve the vacation of public drainage and utility easements on Lot 1, Block 1, Tesseract 2nd Addition and approve a Final Plat (Tesseract 3rd Addition) to consolidate two parcels into one lot upon approximately 13.40 acres located at 3800 Tesseract Place. City Engineer Gorder gave a staff report and provided a site map. The applicant was present and 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 Tilley seconded a motion to close the public hearing and approve the vacation of public drainage and utility easements on Lot 1, Block 1, Tesseract 2nd Addition, and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 City Council Meeting Minutes June 7, 2016 4 page Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Final Plat (Tesseract 3rd Addition) to consolidate two parcels into one lot upon approximately 13.40 acres located at 3800 Tesseract Place. Aye: 5 Nay: 0 OLD BUSINESS Ordinance Amendment Relative to Commercial Yard Waste Recycling & Composting City Administrator Osberg introduced the item noting at the May 3, 2016 meeting, Council directed staff to initiate an Ordinance Amendment to accommodate composting in the 1-1 Zoning District. At the same meeting, the Council approved a Purchase Agreement with Gerten's for the sale of Outlot 1, Gopher Industrial Park 2nd Addition and directed staff to initiate a Comprehensive Plan Amendment, Rezoning for the outlot. Osberg noted the proposed amendment establishes parameters to allow a commercial recycling and composting operation in the 1-1 zone, via a CUP. City Planning Ridley gave a staff report and provided a site map. 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 an Ordinance Amendment to Chapter 11, Section 11.60, Subd. 14., relative to commercial yard waste recycling and composting and direct publication of the ordinance amendment summary. Aye: 5 Nay: 0 Ordinance Amendment — An Ordinance Amendment to City Code Chapter 5 Regarding on -sale alcohol license setback requirements from daycares City Administrator Osberg introduced the item noting at its May 3 meeting, Council directed preparation of an ordinance amendment to remove the 200 -foot daycare setback requirement from on -sale alcohol licenses. Osberg noted a survey of nine other Dakota County cities found one other city requires a setback from daycares. 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 an ordinance amendment to City Code Chapter 5 regarding on -sale alcohol license setback requirements from daycares and direct publication of the ordinance amendment. Aye: 5 Nay: 0 NEW BUSINESS Planned Development Amendment, Conditional Use Permit, Variance — FCC Properties City Administrator Osberg introduced the item noting the applicant is proposing to construct an addition to the office building and to provide required parking on the adjacent church property to the north. The Council is being asked to approve a Planned Development Amendment to allow an addition to an existing building and shared parking, and a zero side yard setback for pavement/parking, approval of a City Council Meeting Minutes June 7, 2016 5 page Conditional Use Permit to allow shared parking, and a Variance to allow zero side yard setback for pavement/parking. City Planner Ridley gave a staff report and provided a site map. The applicant was present and available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Planned Development Amendment to allow an addition to an existing building and shared parking, and a zero side yard setback for pavement/parking, upon property located at 4120 Lexington Way, subject to the following conditions: Aye: 5 Nay: 0 1. A Planned Development Amendment Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of City approval. 2. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. 3. All mechanical equipment shall be shown on the Site Plan and Landscape Plan, and such equipment shall be fully screened from public view and from adjacent property. Required screening shall be identified on the plans at the time of Building Permit. 4. A revised Photometric Plan which includes building mounted lighting shall be provided for staff review and approval prior to release of the Planned Development Amendment Agreement and Conditional Use Permit for recording. 5. The new sanitary sewer service line shall have cleanouts installed with 100' maximum spacing. 6. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 7. The applicant shall provide private cross -easements for ingress/egress and shared parking, in a form acceptable to the City Attorney, at time of building permit. 8. 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 on the site's new and fully -reconstructed impervious surface area (including effective soil remediation for the site's disturbed soils that are to be revegetated). 9. The applicant shall provide adequately sized pre-treatment (e.g. sediment filter structure, etc.) at, or immediately upstream of, all stormwater management facilities (e.g. infiltration basin) inlets to provide for effective capture and easily -accessible cleanout of coarse particles, fine - sand sized particles and floatable pollutants. Details shall be included in applicable plan sheet(s). 10. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide the City with at least one soil boring log from each proposed infiltration/filtration area, extending a minimum of 10' below the bottom of the proposed infiltration/filtration feature, to evaluate and ensure suitability for infiltration. If the soil boring logs indicate incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and/or construction plans (e.g. over- excavation/soil-amendment depth, etc.), and if permitted by the City shall follow the City Council Meeting Minutes June 7, 2016 6 page sequencing order in the Permissible Alternative Stormwater Volume Control Designs, to ensure volume control requirements are fully met. 11. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide a detailed site drainage area map demonstrating that the amount of proposed new and fully - reconstructed impervious area is effectively draining into the proposed infiltration basins. 12. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide construction details of the proposed infiltration systems for City review/acceptance by the City Engineer and include in construction plans. Construction details shall include infiltration basin cross-section(s), individual practice drainage area/sizing/volume tables, maximum depth of 1.5 - feet (not including below -grade soil media depth), details and elevations for stable inlets/outlets/emergency overflows, public storm sewer connection details (e.g. coring only, etc.), soil media criteria, live planting and seeding details, temporary & permanent erosion - control protection details (e.g. rows of sediment protection at the top and base of side slope, erosion -control blanket, etc.), construction sequencing/protection/restoration notes (e.g. no equipment within basin, etc.) and other details and notes to ensure infiltration practices are properly designed, constructed, planted, and adequately protected during / after construction to prevent clogging, and will be able to be properly maintained to function as intended. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Grading Plan, Utility Plan, etc.). All infiltration basins shall include live -plantings with a minimum of 18 -inch on -center plant spacing. 13. Prior to receiving city approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies for City review, and acceptance by the City Engineer, that provide clear assurances that by final grading, prior to installation of any irrigation and plantings, 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 no less than 5% soil organic matter content and less than 200 psi of soil compaction in the top 12" of topsoil, to comply with 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.). 14. Prior to proceeding with land disturbing activity, the property owners (of 4100 & 4120 Lexington Way) 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 on each parcel, in a form acceptable to the City Attorney. 15. Before the City returns any Stormwater-related Performance Guarantee Fees on the development site , Soil Management Strategy implementation documentation (e.g. 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. 16. During infiltration/filtration system area over-excavation/sub-soil work, the applicant shall provide verifying documentation that practice area sub -soils are suitable for a saturated condition infiltration rate of 0.8 -inch per hour or greater (but less than 8.0 -inch per hour). If the sub -soil infiltration rates are less than 0.8 -inch per hour (or greater than 8.0 -inch per hour), the applicant shall immediately notify the City Engineer. Documentation shall be provided to the City within 48 -hours after infiltration testing. The applicant shall provide the City Water Resources staff with 24-hour advance notice of the occurrence of infiltration verifications and also prior to any excavation and/or soil backfilling within the infiltration practices (City Water City Council Meeting Minutes June 7, 2016 7 page Resources staff contact/instructions shall be clearly/prominently listed on appropriate plan sheets). 17. Before the City returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (e.g. infiltration practices) and soil management strategies conform to design and/or construction plans, as approved by the City. As -built volumes (for retention) shall be provided for the infiltration practices. 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 or Landscape Architect licensed in the State of Minnesota. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Conditional Use Permit to allow shared parking upon property located at 4100 Lexington Way, 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 with the following exhibits: • Site Plan dated May 4, 2016 • Landscape Plan dated May 4, 2016 2. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. 3. All mechanical equipment shall be shown on the Site Plan and Landscape Plan, and such equipment shall be fully screened from public view and from adjacent property. Required screening shall be identified on the plans at the time of Building Permit. 4. A revised Photometric Plan which includes building mounted lighting shall be provided for staff review and approval prior to release of the Planned Development Amendment Agreement and Conditional Use Permit for recording. 5. The new sanitary sewer service line shall have cleanouts installed with 100' maximum spacing. 6. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 7. The applicant shall provide private cross -easements for ingress/egress and shared parking, in a form acceptable to the City Attorney, at time of building permit. 8. 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 on the site's new and fully -reconstructed impervious surface area (including effective soil remediation for the site's disturbed soils that are to be revegetated). 9. The applicant shall provide adequately sized pre-treatment (e.g. sediment filter structure, etc.) at, or immediately upstream of, all stormwater management facilities (e.g. infiltration basin) inlets to provide for effective capture and easily -accessible cleanout of coarse particles, fine - sand sized particles and floatable pollutants. Details shall be included in applicable plan sheet(s). 10. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide the City with at least one soil boring log from each proposed infiltration/filtration area, extending a minimum of 10' below the bottom of the proposed infiltration/filtration feature, to evaluate and ensure suitability for infiltration. If the soil boring logs indicate incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting volume control City Council Meeting Minutes June 7, 2016 8 page requirements, the applicant shall revise the design and/or construction plans (e.g. over- excavation/soil-amendment depth, etc.), and if permitted by the City shall follow the sequencing order in the Permissible Alternative Stormwater Volume Control Designs, to ensure volume control requirements are fully met. 11.. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide a detailed site drainage area map demonstrating that the amount of proposed new and fully - reconstructed impervious area is effectively draining into the proposed infiltration basins. 12. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide construction details of the proposed infiltration systems for City review/acceptance by the City Engineer and include in construction plans. Construction details shall include infiltration basin cross-section(s), individual practice drainage area/sizing/volume tables, maximum depth of 1.5 - feet (not including below -grade soil media depth), details and elevations for stable inlets/outlets/emergency overflows, public storm sewer connection details (e.g. coring only, etc.), soil media criteria, live planting and seeding details, temporary & permanent erosion - control protection details (e.g. rows of sediment protection at the top and base of side slope, erosion -control blanket, etc.), construction sequencing/protection/restoration notes (e.g. no equipment within basin, etc.) and other details and notes to ensure infiltration practices are properly designed, constructed, planted, and adequately protected during / after construction to prevent clogging, and will be able to be properly maintained to function as intended. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Grading Plan, Utility Plan, etc.). All infiltration basins shall include live -plantings with a minimum of 18 -inch on -center plant spacing. 13. Prior to receiving city approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies for City review, and acceptance by the City Engineer, that provide clear assurances that by final grading, prior to installation of any irrigation and plantings, 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 no less than 5% soil organic matter content and less than 200 psi of soil compaction in the top 12" of topsoil, to comply with 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.). 14. Prior to proceeding with land disturbing activity, the property owners (of 4100 & 4120 Lexington Way) 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 on each parcel, in a form acceptable to the City Attorney. 15. Before the City returns any Stormwater-related Performance Guarantee Fees on the development site , Soil Management Strategy implementation documentation (e.g. 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. 16. During infiltration/filtration system area over-excavation/sub-soil work, the applicant shall provide verifying documentation that practice area sub -soils are suitable for a saturated condition infiltration rate of 0.8 -inch per hour or greater (but less than 8.0 -inch per hour). If the sub -soil infiltration rates are less than 0.8 -inch per hour (or greater than 8.0 -inch per hour), the applicant shall immediately notify the City Engineer. Documentation shall be provided to the City within 48 -hours after infiltration testing. The applicant shall provide the City Water City Council Meeting Minutes June 7, 2016 9 page Resources staff with 24-hour advance notice of the occurrence of infiltration verifications and also prior to any excavation and/or soil backfilling within the infiltration practices (City Water Resources staff contact/instructions shall be clearly/prominently listed on appropriate plan sheets). 17. Before the City returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (e.g. infiltration practices) and soil management strategies conform to design and/or construction plans, as approved by the City. As -built volumes (for retention) shall be provided for the infiltration practices. 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 or Landscape Architect licensed in the State of Minnesota. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Variance to allow zero side yard setback for pavement/parking, upon property located at 4100 Lexington Way, subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. A building permit is required prior to commencing construction. Conditional Use Permit — Max Steininger Inc. City Administrator Osberg introduced the item noting the 7.5 acre parcel is zoned K-1, Limited Industrial, in which outdoor storage is a conditional use permit. The applicant proposes to construct a 12,800 sq. ft. building to house equipment. 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. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Conditional Use Permit to allow outdoor storage of contractor's equipment, as well as a concrete and asphalt recycling, processing and stockpiling facility, upon property located at 3089 Neil Armstrong Blvd, 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 and proof of its recording provided to the City. 2. The recycling operation shall not exceed 15 days and occur at most, twice per calendar year. 3. No mining shall be allowed on the property. City Council Meeting Minutes June 7, 2016 10 page 4. The location and items to be stored shall be consistent with the Outdoor Storage Layout Plan received May 18, 2016. 5. Dust control procedures shall be utilized. 6. The hours of the concrete recycling operation shall be limited to 7:00 a.m. — 7:00 p.m. Monday through Saturday. 7. The concrete recycling operation shall be in compliance with all applicable State and local regulations. 8. In the event that the CUP is terminated, all materials and equipment shall be removed from the site within 90 days of termination. 9. The applicant shall enter into an encroachment agreement, in a form acceptable to the City Attorney, for any retaining walls located in a drainage and utility easement. 10. The applicant shall obtain a building or grading permit from the City prior to the construction of the proposed storage/work areas. Detailed plans for this grading work shall be prepared and signed by a registered professional engineer. 11. The applicant shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is also subject to the City's codified land disturbance and erosion control regulations. 12. The existing recycled asphalt aggregate surface used for the driveway/storage/work areas shall be subject to continued periodic review by city staff for adequacy of the material to control dust and drainage. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt 13. All parking and storage areas shall be properly maintained to prevent deterioration. 14. If no curb and gutter is used for the driveway/storage/work areas, the site will be subject to periodic review by city staff for adequacy of the material for containment and drainage. The first review will occur two years following approval of this permit. If determined to be inadequate, the City will require concrete curb and gutter to be installed. Upon any change in use, curb and gutter shall be installed. 15. The design of the storm sewer system shall be modified to collect storm water drainage before it spills over the retaining wall to prevent erosion. 16. Prior to receiving City approval to permit land disturbing activity, the applicant shall submit a wetland boundary delineation report by a Certified Wetland Delineator for City approval. 17. Prior to recording of the Conditional Use Permit, the applicant shall record a 40 -foot wide permanent buffer as a conservation easement surrounding the wetland boundary, in accordance with City Code §11.67 Subd. 6. 18. 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 on the site's new and fully -reconstructed impervious surface area (including effective soil remediation for the site's disturbed soils that are to be revegetated). 19. The applicant shall provide adequately sized pre-treatment (e.g. forebay, 4' sump with scour protection and skimmer, etc.) at, or immediately upstream of, all stormwater management facilities (e.g. infiltration basin) inlets to provide for effective capture and easily -accessible cleanout of coarse particles, fine -sand sized particles and floatable pollutants. Details shall be included in applicable plan sheet(s). 20. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide the City with soil boring logs from a minimum of four soil -borings within any proposed infiltration/filtration area, extending a minimum of 10' below the bottom of the proposed infiltration/filtration feature, to evaluate and ensure suitability for infiltration. If soil City Council Meeting Minutes June 7, 2016 11 page contamination is suspected in the infiltration/filtration basin areas, the geotechnical engineer shall sample for this and provide documentation to the City. If the soil boring logs, geotechnical evaluation, and soil textural analysis indicate incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and/or construction plans (e.g. over-excavation/soil- amendment depth, etc.), and if permitted by the City shall follow the sequencing order in the Permissible Alternative Stormwater Volume Control Designs, to ensure volume control requirements are fully met. 21. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide construction details of the proposed infiltration systems for City review/acceptance by the City Engineer and include in construction plans. Construction details shall include infiltration basin cross-section(s), construction sequencing/protection/restoration notes, sizing/volume tables, maximum depth of 1.5 -feet, details for stable inlets/outlets/emergency overflows/under-drains with surface -accessible gate-valve(s), public storm sewer connection details (e.g. coring only), soil amendment criteria, live planting and seeding details, filter strip vegetation detailing, temporary & permanent erosion -control protection details (e.g. rows of sediment protection at the top and base of side slope, erosion -control blanket), etc., to ensure infiltration practice is properly designed, constructed, planted, and adequately protected during / after construction to prevent clogging, and able to be properly maintained to function as intended. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Grading Plan, Utility Plan, etc.). All infiltration basins shall include live -plantings with a minimum of 18 -inch on -center plant spacing. 22. Prior to receiving city approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies for City review, and acceptance by the City Engineer, that provide clear assurances that by final grading, prior to installation of any irrigation and plantings, 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 no less than 5% soil organic matter content and less than 200 psi of soil compaction in the top 12" of topsoil, to comply with 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.). 23. 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. 24. Before the City returns any Stormwater-related Performance Guarantee Fees on the development site, Soil Management Strategy implementation documentation (e.g. 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. 25. During infiltration/filtration system area 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 0.8 -inch per hour or greater (but less than 8.0 -inch per hour). If the sub -soil infiltration rates are less than 0.8 -inch per hour (or greater than 8.0 -inch per hour), the applicant shall immediately notify the City Engineer. Documentation shall be provided to the City within 48 -hours after infiltration testing. The applicant shall provide the City Water Resources staff with 24-hour advance notice of the City Council Meeting Minutes June 7, 2016 12 page occurrence of infiltration verifications and also prior to any excavation and/or soil backfilling within the infiltration practices (City Water Resources staff contact/instructions shall be clearly/prominently listed on appropriate plan sheets). 26. Before the City returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (forebay, infiltration/filtration practices, wet pond expansion, etc.), and soil management strategies conform to design and/or construction plans, as approved by the City. As -built volumes (for retention) shall be provided for the forebay and the infiltration/filtration practices. 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. 27. The applicant shall pay the Water Trunk charge at time of Building Permit. 28. The 12,800 sq. ft. building shall be constructed no later than October 31, 2016. 29. The applicant shall plant the 14 Black Hills Spruce and Honeysuckles per the Landscape Plan dated April 20, 2016. Comprehensive Guide Plan Amendment — City of Eagan City Administrator Osberg introduced the item noting the action before the Council's consideration is to direct staff to submit a Comprehensive Guide Plan Amendment to the Metropolitan Council for review and approval to change the land use designation from Park to Limited Industrial for Outlot I, Gopher Eagan Industrial Park 2nd Addition. City Planner Ridley gave a staff report and provided a site map. 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 a Comprehensive Guide Plan Amendment to the Metropolitan Council for review and approval to. change the land use designation from Park (P) to Limited Industrial (IND) for Outlot I, Gopher Eagan Industrial Park 2nd Addition. Aye: 5 Nay: 0 LEGISLATIVE/ INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA PUBLIC WORKS DIRECTOR City Engineer Gorder noted the Council adopted the 5 Year Public Works CIP earlier tonight and a hard copy is available upon request. City Council Meeting Minutes June 7, 2016 13 page VISITORS TO BE HEARD Mayor Maguire noted it has been past practice and policy that during election years, from the opening of the Council candidate filing period through the November election, the Visitors to be Heard segment of the meeting shall occur for a period of time not to exceed ten minutes and will not be televised. There were no visitors to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:43 p.m. Aye: 5 Nay: 0 Date K/16� Mayor City Clerk