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11/01/2016 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota NOVEMBER 1, 2016 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. A regular meeting of the Eagan City Council was held on Tuesday, November 1, 2016 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, 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, Parks and Recreation Director Pimental, Public Works Director Matthys, Police Chief McDonald, Fire Chief Scott, City Attorney Doughtery, and Executive Assistant Stevenson. AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentations to be heard. CONSENT AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent agenda as presented: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of October 10, 2016 Special City Council meeting, and October 18, 2016 regular City Council meeting as presented. B. Personnel Items: 1. It was recommended to authorize the hiring of a Recreation Program Supervisor, to be named. 2. It was recommended to accept the resignation and authorize the recruitment and replacement of Police Officer Austin Akervik. 3. It was recommended to authorize the hiring of an Accounting Intern, to be named. 4. It was recommended to accept the resignation of Jonathan Windgate, Part time Custodian at the Eagan Community Center and approve the recruitment and replacement of this position. C. It was recommended to ratify the check register dated October 14 and 21, 2016 as presented. D. It was recommended to approve the ordinary and customary contracts with Hunger Solutions EBT and Market Bucks Initiative, and Minnesota Vikings Football, LLC, U.S. Bank National Association and City of Eagan. E. It was recommended to approve an Exempt Permit for Faithful Shepherd Catholic School to hold a raffle on February 25, 2017 at 3355 Columbia Drive. F. It was recommended to approve Temporary On -Sale Liquor License and waive the license fee for Faithful Shepherd Catholic School on February 25, 2017 at 3355 Columbia Drive. City Council Meeting Minutes November 1, 2016 2 page G. It was recommended to approve a release of claims waiver with Franti Industries, Crum and Forster, et al., for work completed at the Fire Safety Center. H. It was recommended to approve the final payment for Contract 16-25 (Denmark Avenue Rain Gardens Renovation — Phase 2) in the amount of $180.00 to Outdoor Lab Landscape Design, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. I. It was recommended to approve a telecommunication lease agreement with Verizon Wireless (VAW), LLC, d/b/a Verizon Wireless, for antenna upgrade installations on a designated water reservoir site and authorize the Mayor and Deputy City Clerk to execute all related documents. J. It was recommended to approve Change Order No. 3 to Contract 15-04 (Sperry Tower Recommissioning) and authorize the Mayor and Deputy City Clerk to execute all related documents. K. It was recommended to approve an Encroachment and Maintenance Agreement with Minnesota Valley Transit Authority (MVTA) for bus shelter installations on Duckwood Drive. L. It was recommended to receive a petition to vacate public easements located within Lots 9-11 and 27-30, Block 2, Eagandale Center Industrial Park (1256 Trapp Road) and schedule a public hearing to be held on December 6, 2016. M. It was recommended to approve Change Order No. 3 to Contract 15-23 (Well No. 3 Restoration — Water System Improvements) and authorize the Mayor and Deputy City Clerk to execute all related documents. N. Item was removed. 0. It was recommended to declare an outdated shooting system as surplus for donation to the City of Rosemount. P. It was recommended to approve payment for Project 1237 (Cedar Grove/Hwy 77 Center Transit Station) in the amount of $17,571.84 to Metro Transit. PUBLIC HEARINGS Final Assessment Hearings — Street Improvements for: Project 1198, Blackhawk Forest/Centex Vermillion Additions, Project 1199, Red Oaks, Woodlands 4t", Verdant Hills, Verdant Acres Additions, Project 1200, Diffley Commons, Project 1201, Kingswood Ponds, Project 1191, Eagandale Corporate Center Public Works Director Matthys gave an overview of Projects 1198, 1199, 1200, 1201, and 1191. Matthys noted the Final Assessment Roll was presented to the City Council on October 4, 2016, with a public hearing scheduled for November 1, 2016, to formally present the final costs associated with these public improvements to the affected benefitting properties. Matthys noted one letter of objection was received for Project 1201, Kingswood Ponds Street Improvements. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to close the Public Hearings and approve the Final Assessment Rolls for Project 1198, Blackhawk Forest/Centex Vermillion Additions, City Council Meeting Minutes November 1, 2016 3 page Project 1199, Red Oaks, Woodlands 4th, Verdant Hills, Verdant Acres Additions, Project 1200, Diffley Commons, Project 1201, Kingswood Ponds, Project 1191, Eagandale Corporate Center, and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 OLD BUSINESS Address Rezoning, Preliminary Subdivision (Tipperary) and Variance — Pulte Homes City Administrator Osberg introduced the item noting this request was before the City Council on October 18, 2016, and was continued at the applicant's request. Pulte is proposing a Rezoning and Preliminary Subdivision for development of single-family homes. The Preliminary Subdivision proposes to create 11 single-family lots in Eagan consistent with the proposed R -1S zoning. Osberg noted at the October 18th meeting, Council gave direction to the applicant that Planned Development zoning was preferred to the requested R -IS zoning. Subsequent to the meeting, staff was reminded that Chapter 11, Sec. 11.60, Subd. 18, B., 3 of the City Code states that the minimum total area required for a planned development shall be five acres of contiguous land. The proposed plat and rezoning affect 3.8 acres, less than the 5 acres City Code requires. Paul Heuer, Pulte Homes, addressed the Council stating that a straight R -1S zoning would be the easiest approach for his company; however, if the Council wishes to see the Planned Development approach they would resubmit their request. The Council discussed the request. The majority of the Council indicated they were comfortable with the R -1S zoning. Mayor Maguire opened the public comment. There being no public comment he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Tilley seconded a motion to make a finding that the proposal qualifies as an exception to the five acre minimum. The finding should recognize that the Planned Development is in the public interest, and that one or both of the conditions set forth in the ordinance exists. Aye: 2 Nay: 3 (Fields, Hanson and Maguire) Mayor Maguire moved, Councilmember Tilley seconded a motion to reconsider the Council's October 18, 2016 action. Aye: 4 Nay: 1 (Bakken) Councilmember Hansen moved, Mayor Maguire seconded a motion to approve a Rezoning from PD, Planned Development, and R-1, Single-family Residential, to R -1S, Residential Single-family Small Lot district, upon approximately 3.8 acres for property at 3790 and 3800 Dodd Road, located south of Wescott Road and east of Dodd Road. Aye: 4 Nay: 1 (Bakken) Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision consisting of 11 lots upon approximately 3.8 acres for property at 3790 and 3800 Dodd Road, Located south of Wescott Road and east of Dodd Road, subject to the following conditions: Aye: 4 Nay: 1 (Bakken) City Council Meeting Minutes November 1, 2016 4 page 1. The applicant shall comply with these standards conditions of plat approval as revised by Council on July 1, 2014: Al, B1, B2, B3, B4, C1, C2, C3, C4, D1, E1, F1, G1, H1 and L1 2. The property shall be platted. 3. 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. Also, 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. 4. 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 impervious surface area. 5. The applicant shall provide a minimum 15 -foot wide unobstructed equipment access paths (without obstructions from grading, private utilities, trees/branches, large shrubs, etc.), from street -edge to all surface stormwater facilities' inlets/outlets. The unobstructed equipment access paths shall be capable of fully supporting typical maintenance / excavation equipment, for periodic maintenance access to the surface storm water facilities. Verify that Landscape Plan does not conflict with this requirement. 6. During infiltration 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 1 -inch per hour or greater (but less than 8.0 -inch per hour). If the sub -soil infiltration rates are less than 1 -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) 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 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 practice. 7. 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 (sumps, infiltration basins, etc.) conform to design and/or construction plans, as approved by the City. As -built volumes (for retention) shall be provided for the infiltration/bioretention basins. 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. 8. Hydrant spacing and locations shall be provided in accordance with City Fire Department and Public Works standards. 9. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). This development should include the installation of fiber optic cable, or a conduit for future installation, in its construction plans at the time of Final Subdivision. 10. The applicant shall ensure the survival of preserved trees via protection of the tree's 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. City Council Meeting Minutes November 1, 2016 5 page 11. 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 placement of the Tree Protection Fencing. 12. The development shall be subject to park and trail dedications as recommended by the Advisory Parks Commission. 13. If Inver Grove Heights does not approve the proposal the developer shall provide a private street turn around at the east end of the development in accordance with City standards. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Variance to the maximum cul -de -.sac length of 500 feed for two cul-de-sacs of 745' and 620' for property at 3790 and 3800 Dodd Road, located south of Wescott Road and east of Dodd Road, subject to the following condition: Aye: 4 Nay: 1 (Bakken) 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. NEW BUSINESS Planned Development Amendment — CSM/John Deere City Administrator Osberg introduced the item noting the property is zoned Planned Development and contains a 45,000 s.f. warehouse and manufacturing building. The Council is being asked to approve a Planned Development Amendment to allow outdoor storage of tractors and farm implements to continue at 2955 Lone Oak Drive. City Planner Ridley gave a staff report and provided a site map. The applicant, John Ferrier, CSM Waters V, LLC, 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 Planned Development Amendment to allow outdoor storage of tractors and farm implements to continue at 2955 Lone Oak Drive, subject to the following conditions: Aye: 5 Nay: 0 1. The Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office, and proof of recording shall be provided to the City. The following exhibits are required for the PD Amendment Agreement: • Site Plan 2. The outdoor storage terminates upon the expiration of this tenant's lease, or December 31, 2027, whichever occurs first. 3. The outdoor storage shall be as indicated on the approved Site Plan dated September 19, 2016. City Council Meeting Minutes November 1, 2016 6 page Conditional Use Permit— Fleetpark, LLC City Administrator Osberg introduced the item noting the eight acre property consists of seven parcels and contains and existing 64,000 s.f. warehouse building constructed in 1968. The Council is being asked to approve two Conditional Use Permits, one to allow outdoor storage of semi -tractors and trailers and one to allow sales and service of trucks and trailers upon property located at 1256 Trapp Road. City Planner Ridley gave a staff report and provided a site map. John Weiand, applicant, explained the company's primary business is hauling US Mail and that they have a need for additional space. He stated he was available for questions. 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 a Conditional Use Permit to allow outdoor storage of semi -tractors and trailers upon property located at 1256 Trapp Road, 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 recording submitted to the City. 2. The property shall be replatted as a single lot and recorded no later than January 31, 2017. 3. Outdoor storage of semi tractors and trailers shall be permitted in the numbers and locations as delineated on the Site Plan received October 4, 2016. 4. The applicant shall obtain a right-of-way permit from the City prior to performing any work within the right-of-way. 5. The applicant shall restore the boulevard, concrete curb and gutter, and street in a manner acceptable to the City Engineer where the existing driveway entrance is being removed at Eagan Industrial Road. 6. The applicant shall maintain all paved surfaces in good condition. 7. Site improvements, including landscaping, shall be completed by June 1, 2017. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow sales and service of trucks and trailers upon property located at 1256 Trapp Road, 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 recording submitted to the City. 2. The property shall be replatted as a single lot and recorded no later than January 31, 2017. 3. Truck and trailer repair shall not occur outside the building. 4. Sales and service is only allowed for vehicles owned or leased by the property owner. No retail sales or service is allowed. The applicant shall obtain a right-of-way permit from the City prior to performing any work within the right-of-way. The applicant shall restore the boulevard, concrete curb and gutter, and street in a manner acceptable to the City Engineer where the existing driveway entrance is being removed at Eagan Industrial Road. City Council Meeting Minutes November 1, 2016 7 page 7. Site improvements, including landscaping, shall be completed by June 1, 2017. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA CITY COUNCIL Mayor Maguire noted the City Council Workshop meeting will be held on Wednesday, November 9th due to Elections on Tuesday, November 8th, and encouraged residents to go out and vote. 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 7:21 p.m. Aye: 5 Nay: 0 1 Z. - l0 - `Cp Date M �M� Mayor Deputy Gty Clerk