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08/01/2016 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota AUGUST 1, 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 6:20 p.m. John Howe, former State Senator, introduced himself and spoke about his campaign for Minnesota's Second Congressional District. A Closed Session was called at 6:10 p.m. to discuss labor negotiations. A regular meeting of the Eagan City Council was held on Monday, August 1, 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, City Planner Ridley, Director of Public Works Matthys, Director of Parks and Recreation Pimental, Human Resources Manager Peterson, Police Chief McDonald, Fire Chief Scott, City Attorney Dougherty, and Executive Assistant Stevenson. AGENDA Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION Police Chief McDonald introduced Eagan Residents Mr. and Mrs. Gordon Finley, family dog Frankie, and Officer Joe Moseng. The Finley's presented Officer Moseng with a plaque in appreciation for Officer Moseng's efforts during their home fire. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent agenda as presented: Aye: 5 Nay: 0 Mayor Maguire pulled for further comment Consent Item P - Approve resolution for a street name change — MV Eagan, LLC. A. It was recommended to approve the minutes of July 19, 2016 regular City Council meeting as presented. B. Personnel Items: 1. It was recommended to authorize the hiring of Susan Peterson, temporary office support to Police Records. C. It was recommended to ratify the check register dated July 15 and July 22, 2016 as presented. D. It was recommended to approve the ordinary and customary contract with Tom Wollan Sr., and The Family Trade. E. It was recommended to amend IRU Agreements with Dakota County for Dodd Road Fiber Project. City Council Meeting Minutes August 1, 2016 2 page F. It was recommended to approve the execution of a Joint Powers Agreement with the Dakota County Drug Task Force to provide the care and handling of a drug detection dog. G. It was recommended to adopt a proclamation recognizing August 2, 2016 as National Night Out in Eagan. H. It was recommended to schedule a public hearing for September 6, 2016 to consider final assessment of the delinquent nuisance abatement bills and certify them to Dakota County for collection with property taxes. I. It was recommended to schedule a public hearing for September 6, 2016 to consider final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. J. It was recommended to approve a temporary on -sale license and waive the license fee for the Eagan Foundation on October 6, 2016 at 1501 Central Parkway. K. It was recommended to adopt a resolution approving an Exempt Permit for the Eagan Foundation to conduct a raffle on October 6, 2016 at 1501 Central Parkway. L. It was recommended to approve a temporary on -sale liquor license and waive the license fee for Faithful Shepherd Catholic School on November 19, 2016 at 3355 Columbia Drive. M. It was recommended to adopt a resolution approving an Exempt Permit for Faithful Shepherd Catholic School to conduct a raffle on November 19, 2016 at 3355 Columbia Drive. N. It was recommended to approve the final payment for Contract 16-11 (Well No. 11 Rehabilitation — Water System Improvements) in the amount of $43,340.00 to Bergerson- Caswell Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. 0. It was recommended to receive the bids for Contract 16-21 (Central Area — Street Light Improvements), award a contract to Taylor Electric Company, LLC, for the base bid in the amount of $279,175, approve the purchase of related material/equipment and authorize the Mayor and City Clerk to execute all related documents. P. It was recommended to approve a street name change of Northwest Parkway to Vikings Parkway subject to the applicant being responsible for all costs associated with the name change (i.e. sign replacement, etc.). Q. It was recommended to authorize a variance to the Construction Activity Noise Regulations to exempt Ryan Contracting for storm structure rehabilitation on Pilot Knob Road / CSAH 31 (Cliff Road to the Apple Valley border) between 6:00 a.m. and 7:00 a.m., Monday through Friday, From August 15, 2016 through September 2, 2016. R. It was recommended to approve a Cost Share, Operation and Maintenance Agreement with Lauri L. Holland (695 Hay Lake Court) to help implement a Shoreland and Upland Buffer Project at Hay Lake through the Water Quality Cost -Share Partnership Program and authorize the Mayor and City Clerk to execute all related documents. S. It recommended to approve a telecommunication lease amendment with New Cingular Wireless PCS, LLC (AT&T), for antenna upgrade installations on a designated water reservoir site and authorize the Mayor and City Clerk to execute all related documents. T. It was recommended to approve Cooperation Agreement with Dakota County to participate in the Dakota County Urban County Designation for CDBG, HOME and ESG funding through FY 2019. U. It was recommended to approve a resolution to accept an event partnership donation for Eagan Food on 4 Wheels Food Truck Festival from Central Park Commons. V. It was recommended to adopt a resolution accepting a $500 donation from the Eagan Citizen's Crime Prevention Association that will be used to reimburse the City for expenses related to the Police Department purchasing a camera. City Council Meeting Minutes August 1, 2016 3 page W. It was recommended to authorize the submission of a grant application to the Metropolitan Regional Arts Council in the amount of $10,000 for an Organizational Grant. X. It was recommended to authorize a variance to the Construction Activity Noise Regulations to exempt Max Steininger, Inc., for roadway improvements on Pilot Knob Road/CSAH 31 (Central Parkway to Yankee Doodle Road) between 6:00 a.m. and 7:00 a.m., Monday through Saturday, from August 2, 2016 through November 30, 2016, as well as from 10:00 p.m., Friday, August 19, 2016, through 5:00 a.m., Monday August 22, 2016, and from 10:00 p.m., Friday August 26 through 5:00 a.m., Monday, August 29, 2016. Y. It was recommended to approve a Comprehensive Guide Plan Amendment to change the land use designation from Park (IP) to Limited Industrial (IND) and a Rezoning from Park (P) to Limited Industrial (1-1) for Outlot I, Gopher Eagan Industrial Park 2nd Addition. PUBLIC HEARINGS Approve a Business Subsidy Pursuant to Minnesota Statutes Sections 116.1.993 to 116J.995 for J & J Solutions, Inc. d/b/a Corvida Medical, Inc. City Administrator Osberg introduced the item noting after the public hearing the Council is being asked to approve a resolution authorizing a business subsidy. J & J Solutions has been doing business as Corvida Medial, a medical device company currently located in Coralville, Iowa that received FDA approval to manufacture an effective closed drug delivery system designed to protect health care workers and patients from direct exposure to hazardous pharmaceuticals typically administered during chemotherapy treatment. Osberg noted Cordiva Medical intends to produce the product in partnership with Pioneer Plastics at their facility on Dodd Road. A representative of Cordiva Medical 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 Fields moved, Councilmember Tilley seconded a motion to approve a resolution authorizing a business subsidy pursuant to Minnesota Statutes Sections 116J.993 to 116J.995, a Grant Contract, a Minnesota Investment Fund Loan and other related documents for J & J Solutions, Inc. d/b/a Corvida Medical, Inc., and authorize the Mayor and City Administrator to execute the same. Aye: 5 Nay: 0 OLD BUSINESS Ordinance Amendment to City Code Chapter 11 relative to Temporary Family Dwellings — City of Eagan City Administrator Osberg introduced the item noting the Governor signed into law an option for property owners to provide temporary detached family health care dwellings to be placed in the yard or driveway of a single family lot. Local governments were provided an opt -out option from the program. Osberg noted opting out is required to be done by ordinance prior to September 1, 2016, when the law goes into effect. City Council Meeting Minutes August 1, 2016 4 page City Planner Ridley gave a staff report. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council Councilmember Hansen stated he was aware that most cities were choosing to opt -out of the new law. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve an Ordinance Amendment to Chapter 11, Section 11.40, Subdivision 11, relative to temporary dwellings. Aye: 5 Nay: 0 NEW BUSINESS Preliminary Planned Development and Final Planned Development — The Gardner Preschool Mayor Maguire introduced the item noting it's a Preliminary Planned Development to allow a 16,200 s.f. single -story childcare facility upon property located at 1195 Town Centre Drive. City Planner Ridley gave a staff report and provided a site map. Jay Joiner, The Gardner School, was available for questions. 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 Preliminary Planned Development to allow the development of an approximately 16, 200 s.f. single -story childcare facility upon property located at 1195 Town Centre Drive, subject to the following conditions: Aye: 5 Nay: 0 A Final Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. The following exhibits shall be required for the Agreement: • Final Site Plan • Final Building Elevations • Final Landscape Plan • Final Site Lighting Plan 2. The building shall meet City Code standards for exterior materials to be verified at the time of Building Permit application. 3. Rooftop mechanical units shall be screened by a physical screen if the parapet wall and setback placement are not suffice. 4. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to Building Permit approval. 5. 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. City Council Meeting Minutes August 1, 2016 5 page 6. Ali 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. 7. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 8. No retaining walls shall be allowed in the drainage and utility easement along the entire east property line. 9. The developer 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 to ensure soil permeability for the site's disturbed soils that are to be revegetated). 10. The developer shall provide adequately sized and planned 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). 11. Prior to receiving City approval to permit land disturbing activity, the developer shall provide the City with soil boring logs 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 developer shall revise the design and/or construction plans (e.g. over- excavation/soil-amendment depth, etc.), and if justified and 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. 12. Prior to receiving city approval to permit land disturbing activity, the developer 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 developer 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" City Council Meeting Minutes August 1, 2016 6 page 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 developer 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 developer shall provide verifying documentation that practice area sub -soils are suitable for a saturated condition infiltration rate of 0.9 -inch per hour or greater (but less than 8.0 -inch per hour). If the sub -soil infiltration rates are less than 0.9 -inch per hour (or greater than 8.0 -inch per hour), the developer shall immediately notify the City Engineer. Documentation shall be provided to the City within 48 -hours after infiltration testing. The developer 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 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 developer 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 developer 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. 18. The developer shall restore the sidewalk, street, curb and gutter, and boulevard damaged during installation of the new water service, and abandonment of the old service, in a manner acceptable to the City Engineer. 19. Abandonment of the water and sanitary sewer services shall be performed according to City standards. 20. The developer shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 21. The developer shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). This development shall include the installation of fiber optic cable, or a conduit for future installation, in its construction plans at the time of Building Permit. 22. 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 accordance with City adopted codes, engineering standards, guidelines, and policies. City Council Meeting Minutes August 1, 2016 7 page 23. The developer shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to Building Permit approval. 24. The developer shall enter into an encroachment agreement for the existing entrance monument that is located in a drainage and utility easement, in a form acceptable to the City Attorney. 25. Automatic irrigation shall be provided for all landscaped areas. A financial guarantee for installation of the landscaping shall be provided in accordance with the City's landscape ordinance, at the time of Building Permit. 26. The Landscape Plan shall be revised to specify the type and quantity of each plant, provide screening of the transformer equipment and to enhance the screening of the parking lot per City Code. 27. The Photometric Plan shall overlay the Site Plan and be revised so that the parking lot and drive aisle lighting achieves a minimum of 0.5 footcandles and shall include an overall average to minimum ratio to ensure that site lighting is uniform. 28. The trash enclosure shall be constructed of brick to match the building, with an opaque gate that is compatible with the building finish materials. 29. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. 30. The monument sign base shall be constructed of a masonry material to match the brick on the principal building. 31. The playground area shall be enclosed with decorative metal fencing and the Architectural Plan shall be revised to identify the fence details. 32. The developer shall inventory the trees on the property and provide a mitigation plan for staff review and approval prior to release of the Final Planned Development Agreement for recording. Conditional Use Permit — Dart Advantage Warehousing (2841 Beverly Lane LLC) City Administrator Osberg introduced the item noting currently the property contains a constructed 140,000 s.f. warehouse building. The property is zoned Limited Industrial, in which outdoor storage is a conditional use. They are proposing an outdoor storage of semi -trucks and trailers upon property located at 2841 Beverly Drive. City Planner Ridley gave a staff report and provided a site map. Gary Santoorjian, 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 semi -trucks and trailers upon property located at 2841 Beverly Drive, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded with the Dakota County Recorder's office within 60 days of approval by the City Council, with the following exhibits: • Site Plan dated March 2, 2016 2. The owner shall submit a revised Site Lighting Plan with additional lighting of the outdoor storage area to achieve an average of 0.5 footcandles. City Council Meeting Minutes August 1, 2016 8 page The outdoor storage area shall be paved with bituminous asphalt or concrete before any outdoor storage may occur. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA There were no administrative agenda items to be heard. VISITORS TO BE HEARD Past practice and policy 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 7:01 p.m. Aye: 5 Nay: 0 s Date " . - " llv\�' .•