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11/05/2018 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota NOVEMBER 5, 2018 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmember Bakken, Fields, Hansen and Tilley. A regular meeting of the Eagan City Council was held on Monday, November 5, 2018 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, Public Works Director Matthys, Parks and Recreation Director Pimental, Communications Coordinator Foote, City Planner Ridley, Finance Director Pepper, Police Chief New, Fire Chief Scott, and City Attorney Dougherty. AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION Recognition of Eagan Fire Chief Mike Scott as the Minnesota State Fire Chiefs City Administrator Osberg noted on October 12, 2018 the Annual Awards Banquet for the Minnesota State Fire Chiefs Association was conducted at the St. Paul River Center. Each year there are two Fire Officer of the year awards presented by the Minnesota Fire Chiefs Association. Eagan Fire Chief Scott was presented the award as the Minnesota State Fire Chiefs Association Fire Officer of the Year for Cities with a population of over 10,000. The Council congratulated Fire Chief Scott. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the consent agenda as amended: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of October 9, 2018 Special City Council minutes, and October 16, 2018 regular City Council meeting, as presented or modified. B. Personnel Items: It was recommended to authorize the hiring of Daniel Peloski, Streets Maintenance Worker. It was recommended to approve the status change of James Phelps from FT Regular, Mechanic, in the Public Works Department to FT Regular, Parks Maintenance Worker, in the Parks & Recreation Department and authorize the recruitment and replacement of the mechanic position. 3. It was recommended to authorize the hiring of seasonal employees as Building Attendant III, Guest Services Representatives, Recreation Leaders, and Utility Maintenance Intern. C. It was recommended to ratify the check registers dated October 12, 19, and 26, 2018. City Council Meeting Minutes November 5, 2018 2 page D. It was recommended to approve the ordinary and customary contracts with AVI Systems, Eagan Hockey Association, SHE, listed Winter Art Sale Vendors, Art Works Eagan, and Chris Kroeze. E. Item was pulled for further discussion. F. It was recommended to approve an Easement Conveyance Agreement with Northern Natural Gas for an installation of a cathodic protection device in George Ohmann Park, and authorize the Mayor and City Clerk to work with City Attorney and sign all required documents. G. It was recommended to approve the Application of Dakota Valley Recycling for Dakota County Community Funding. H. It was recommended to award a contract to Ancom Communications, Inc. to procure and install a bidirectional antennae system in the newly remodel City Hall / Police Campus. I. It was recommended to approve the transfer of a Utility Division vehicle to the Streets Division and authorize the purchase of a replacement utility vehicle using Equipment Revolving Funds. J. It was recommended to approve the final payment for Contract 18-01(2018 Street Revitalization) in the amount of $112,989.84 to Bituminous Roadways, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. K. It was recommended to approve the final payment for Contract 18-07 (Ponds LP -26.3 and LP - 26.5 — Water Quality Improvements) in the amount of $169,138.47 to Peterson Companies, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. L. It was recommended to approve Change Order No. 2 for Contract 18-12 (Central Maintenance Facility Security Improvements), and authorize the Mayor and City Clerk to execute all related documents. M. It was recommended to approve a Cooperative Construction Agreement with Minnesota Department of Transportation (MnDOT) and Dakota County Transportation Department for Cedar Avenue (Highway 77), and Cliff Road (CSAH 32) Bridge Improvements. N. It was recommended to receive the petition to vacate drainage and utility easements on Lot 1, Block 1, Prowire Addition (4101 Nicols Road), and schedule a public hearing to be held on December 4, 2018. 0. It was recommended to approve the Final Plat (Yankee Plaza 2nd Addition) of surplus right-of- way at Duckwood and Federal Drives. P. It was recommended to approve a 60 -day extension of time to record the Planned Development Agreement for Raising Cane's, upon approximately 0.85 acres located at 1525 Central Parkway, legally described as Lot 1, Block 1, Yankee Doodle Professional Building 2"d Addition. Q. It was recommended to approve a resolution to accept donations from the Eagan 50+ Senior Program participants, Walmart and Lifetime Fitness. A member of the public requested Consent Item E - APPROVE a Joint Powers Agreement with Dakota County and the Dakota County Drug Task Force for Pharmaceutical Drug Disposal Program, be pulled for further comment. Police Chief New provided additional information on the item. Councilmember Bakken moved, Councilmember Fields seconded a motion to APPROVE a Joint Powers Agreement with Dakota County and the Dakota County Drug Task Force for Pharmaceutical Drug Disposal Program. Aye: 5 Nay: 0 City Council Meeting Minutes November 5, 2018 3 page PUBLIC HEARINGS Final Assessments for Project 1260 - Evergreen Park Addition Street Improvements, Project 1261— Wilderness Run 4th, 51h, & 6th Additions Street Improvements, Project 1262 — Donnywood Street Improvements, Project 1263 — Discovery Road & Columbia Drive Street Improvements, Project 1265 — Blue Gentian Road & Blue Water Road Street Improvements Public Works Director Matthys gave an overview of Projects 1260, 1261, 1262, 1263, and 1265. He noted the Final Assessment Rolls were presented to the City Council on October 2, 2018, with public hearings scheduled for November 5, 2018, to formally present the final costs associated with these public improvements to the affected benefitting properties. Mayor Maguire opened the public hearings. Marilyn Westphal, 3157 Doneene Lane, noted her development is on a private road and responsible for their own maintenance and asked the Council to consider a reduction in their assessments. Public Works Director Matthys responded to her question. There being no further public comment, Mayor Maguire turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to close the public hearings and approve the Final Assessment Rolls for Project 1260 - Evergreen Park Addition, Project 1261— Wilderness Run 4th, 5th, & 6th Additions, Project 1262 — Donnywood, Project 1263 — Discovery Road & Columbia Drive, Project 1265 — Blue Gentian Road & Blue Water Road, and authorize their certification to Dakota County for collection. Aye: 5 Nay: 0 There was no old business to be heard. OLD BUSINESS NEW BUSINESS Conditional Use Permit — 645 Woodland Way / Mark Hauri, MH3 Design Group LLC City Administrator Osberg introduced the item noting the property is within the Shoreland Overlay District of Holz Lake. The Council is being asked to consider a Conditional Use Permit to exceed 25% impervious surface coverage in a Shoreland Overlay District on a residential lot. City Planner Ridley gave a staff report and provided a site map. Mark Hauri, MH3 Design Group, was available for questions. The Council discussed the Conditional Use Permit. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. City Council Meeting Minutes November 5, 2018 4 page Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Conditional Use Permit to exceed 25% impervious surface coverage in a Shoreland Overlay District on a residential lot located at 645 Woodland Way, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit (CUP) shall be recorded at Dakota County within 60 days of approval by the City Council with the following exhibit: • Site Plan dated October 3, 2018 2. The impervious surface of this lot shall not exceed 34.9% per the Site Plan dated October 3, 2018. 3. Prior to release of the CUP for recording, the applicant shall provide a $1,000 escrow deposit to be used solely for reimbursement of City staff inspections of the critical installation stages for the Stormwater Infiltration System 4. The applicant shall also provide a separate $3,000 Stormwater Management System Performance Guarantee to be held until the installed Stormwater Infiltration System has sufficiently demonstrated stormwater retention and infiltration performance as intended, after several rain events of approximately 1 -inch per event. The sub -surface stormwater infiltration system shall be designed and constructed to capture a minimum of 100% of the runoff from a 1% frequency, 24-hour event (7.47"), from the parcel's excess impervious surfaces (over 25% impervious coverage), with complete drain -down within 24 -hours after completion of a rain event. Inspection ports must be provided within the rock infiltration system to be able to physically inspect and measure drain -down and infiltration performance. Details of the piping conveyance system, including specific elevations of pipe and catch -basin inverts, must be provided to the City for review prior to release of a permit, to demonstrate that the system will perform as intended for adequately conveying water from the impervious drainage areas to the underground infiltration system. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide to the City a minimum of two soil boring logs within the footprint of any proposed infiltration area, extending a minimum of 10 -feet below the bottom of a proposed infiltration feature with continuous sampling, to evaluate and ensure suitability for infiltration/percolation, including measurements for depths to saturated soils. If the soil boring logs indicate incompatibility of existing sub -soil percolation, or shallow groundwater conflict, with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and/or construction plans to ensure volume control requirements are fully met for the mitigated impervious drainage area, to the satisfaction of the City Engineer. 7. The existing swale in the applicant's rear yard must be maintained to allow adequate drainage in a manner acceptable to the City Engineer. 8. The sub -surface rock infiltration system shall be installed according to applicable guidelines in the State of Minnesota and City of Eagan Engineering Standards. During construction steps, the applicant shall provide notification to the City, with minimum of 24-hour notice, for inspection at critical construction stages (completion of over -excavation, prior to any backfilling around City Council Meeting Minutes November 5, 2018 5 page any piping and catch -basins, prior to backfilling rock into the infiltration system, prior to placement of any sod or other landscaping, etc.). City time involved in project inspection shall be withdrawn from the applicant's project escrow. 9. As -built drawings and capture volume measurements shall be provided to the City that verify minimum storage volume requirement is being met. 10. The applicant shall enter into a long-term stormwater facility inspection and maintenance agreement, detailing the maintenance required to maintain proper operation and performance of the stormwater management system, in a form acceptable to the City Attorney, to be filed in the property records with Dakota County Recorder's Office, at the applicant's expense. 11. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide to the City a Grading, Drainage & Utilities Plan Sheet that details grading areas and elevations, including the existing swale relocation, and the details of the underground stormwater rock infiltration area and feeder pipe/catch-basin system details and elevations, to demonstrate that the system will be able to receive stormwater from the intended impervious drainage area as well as provide a backyard Swale function for upstream properties. 12. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide to the City an Erosion Control Plan Sheet that provide sufficient details and notes for perimeter controls, maintaining stabilized drainage pathway for upstream properties during grading activities, and requires city inspection of erosion -control prior to starting grading operations. 13. The applicant shall transition the sod areas north of the pool to native and pollinator friendly plantings. Comprehensive Guide Plan Amendment, Preliminary Subdivision, Rezoning, Preliminary Planned Development— Lexington Flats / Chris Stokka, MWF Properties City Administrator Osberg introduced the item noting on May 1, 2018, the City Council directed the Comprehensive Guide Plan Amendment to be sent to the Metropolitan Council for review. The Council is being asked to consider a Comprehensive Guide Plan Amendment, a Preliminary Subdivision to create two lots upon approximately 16 acres, a Rezoning from T, Transitional and 1-1, Limited Industrial to PD, Planned Development, and a Preliminary Planned Development to allow a 4 -story 50 -unit multi -family residential development. City Planner Ridley gave a staff report and provided a site map. Chris Stokka, MWF Properties, gave a presentation on the proposed development and was available for questions. Councilmember Bakken moved, Councilmember Fields seconded a motion to implement a Comprehensive Guide Plan Amendment to change the land use designation from 0/S (Office/Service) and 1-1 (Limited Industrial) to HD (High Density residential) upon approximately 1.26 acres located at 2977, 2981, 2985, and 2935 Lexington Avenue, northwest of the intersection of Lexington Avenue and Lone Oak Road. City Council Meeting Minutes November 5, 2018 6 page Mayor Maguire opened the public comment. Steve Melcher, 1347 Chatterton Road, and Kathleen Groettum, 1604 Clemson Drive, representing Metropolitan Interfaith Council on Affordable Housing (MICAH), expressed support for the development. Jennifer Fraham, co-owner of the property, stated her support for the development. There being no further public comment, Mayor Maguire turned the discussion back to the Council. The Council discussed procedural aspects of the Comprehensive Guide Plan Amendment. There was also discussion regarding the applicant's intention to provide affordable housing. After further discussion it was the consensus of the Council to continue the item to the November 20, 2018 City Council meeting to allow the Preliminary Planned Development Agreement to be drafted and to include a condition regarding affordability. Mayor Maguire moved, Councilmember Hansen second the motion to continue the Comprehensive Guide Plan Amendment, Rezoning, Preliminary Planned Development and Preliminary Subdivision to the November 20, 2018 regular City Council meeting. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA CITY COUNCIL Mayor Maguire encouraged residents to vote tomorrow. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Bakken moved, Councilmember Tilley seconded a motion to adjourn the meeting at 8:20 p.m. Aye: 5 Nay: 0 #k� Aoi�� Mayor City Clerk