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07/07/2020 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JULY 7, 2020 Due to an unexpected incident, the Listening Session had a delayed start of 6:45 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, and Hansen. Several residents addressed the Council regarding a policy of mask wearing for COVID-19 and Diffley Road school area improvements. A regular meeting of the Eagan City Council was held on Tuesday, July 7, 2020 at 7:30 p.m. Present were Mayor Maguire, Councilmembers Bakken, Fields, and Hansen. Councilmember Tilley was absent. Also present the City Administrator Osberg, Assistant City Administrator Miller, Parks and Recreation Director Pimental, Communications and Engagement Director Ellickson, Community Development Director Hutmacher, City Planner Schultz, Public Works Director Matthys, and City Attorney Dougherty. AGENDA Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye:4 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentation to be heard. CONSENT AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the consent agenda as amended: Aye: 4 Nay: 0 A. It was recommended to approve the June 9, 2020 Special City Council minutes, and the June 16, 2020 regular City Council minutes, as presented or modified. B. Personnel Items: 1. It was recommended to approve the promotion of Tanya Mozingo from Recreation Program Supervisor to Recreation Manager. 2. It was recommended to approve the temporary promotion of Nicole Kiecker from Part -Time Firefighter to Full -Time Firefighter. 3. It was recommended to accept the resignation of Amy Griffin, Clerical Technician and authorize the recruitment and replacement of this position. 4. It was recommended to approve the hiring of seasonal, non -benefit eligible employees as Parks Laborer and Utility Maintenance Worker. C. It was recommended to ratify the check registers dated June 12, June 19 and June 26, 2020. D. It was recommended to approve the ordinary and customary contract with Cranky Ape, Marco Technologies LLC, and Omni Viking Lakes Hotel. City Council Meeting Minutes July 7, 2020 2 page E. It was recommended to receive the bids for Contract 20-20 (Cascade Bay Improvements) and award a contract to Global Specialty Contractors, Inc for the base bid in the amount of $ 417,700 and authorize the Mayor and City Clerk to execute all related documents. F. Pulled for further discussion. G. It was recommended to approve the final payment for Contract 19-05 (Pond DP -3 Improvements) in the amount of $10,894.76 to S.M. Hentges & Sons, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. H. It was recommended to approve Change Order No. 1 to Contract 20-01 (2020 Citywide Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. I. Pulled for further discussion. J. It was recommended to approve the seventh amendment to the telecommunication lease agreement with Verizon, for upgrades on the Yankee Reservoir site and authorize the Mayor and City Clerk to execute all related documents. K. It was recommended to approve Wetland Replacement Plan Application from City of Eagan for Impacts to Pond AP -8. L. It was recommended to approve a Conditional Use Permit for outdoor storage of an above ground fuel tank for property located at 2861 Highway 55, subject to the following conditions: 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 above ground tank shall be maintained at the specified location on the Site Plan received April 15, 2020. 3. Installation of the tank shall follow requirements of the 2020 Minnesota Fire Code. 4. The protective bollard shall be maintained surrounding the tank as approved by the Eagan Fire Marshal and, the Eagan Fire Marshal shall approve a method for dispensing and securing the tank from improper or unauthorized dispersion of fuel. 5. All Building and Mechanical Permits shall be completed and approved. 6. The applicant shall display NFPA 704 label to identify the product in the tank. 7. The applicant shall display a "No Smoking" sign. 8. Power gate must have KNOX gate key switch, or manual gate must have KNOX padlock for emergency entry. M. It was recommended to approve a one (1) year extension of Conditional Use Permit and Variance approvals to allow construction of a new 165' monopole upon property located at 3595 Kennebec Drive, legally described as Lot 2, Block 3, Cedar Industrial Park. N. It was recommended to approve a one (1) year extension of Conditional Use Permit approval to allow an existing 105 -foot monopole and allow construction of a second 125 -foot monopole upon property located at 862 Lone Oak Road, legally described as Lot 10, Block 2, Eagandale Center Industrial Park No.3. 0. It was recommended to approve a Final Subdivision ( Viking Lakes 4th Addition) to create five (5) lots and two (2) outlots upon approximately 69 acres currently platted as Lot 1 and Outlot C, Viking Lakes; to approve (or direct preparation of Findings of Fact for Denial) a- Planned Development Amendment to allow two (2) separate buildings for the proposed fitness center/ clubhouse and the retail uses for Viking Lakes residential and retail phase located south of Vikings Parkway, and to approve a Vacation of drainage and utility easements over, under and across Lot 1, Block 2 and Outlot C, Viking Lakes. P. It was recommended to Proclaim July 2020 as Parks and Recreation Month and authorize the Mayor and City Clerk to execute all related documents. Q. It was recommended to approve a resolution appointing election judges for the August 11, 2020 Primary. City Council Meeting Minutes July 7, 2020 3 page R. It was recommended to approve a resolution appointing absentee ballot board judges and designating them as deputy city clerks for the purpose of administering the August 11, 2020 Primary. Requests were received to pull Consent Items F. and I. for further discussion. Mayor Maguire pulled for further discussion Consent Item F. —To approve acceptance of up to $5,149,281 in Coronavirus Relief Funds from the State of Minnesota under the Coronavirus Aid, Relief and Economic Security CARES) Act. A resident was seeking clarification on the item. City Administrator Osberg gave a summary of the item. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve acceptance of up to $5,149,281 in Coronavirus Relief Funds from the State of Minnesota under the Coronavirus Aid, Relief and Economic Security CARES) Act. Aye: 4 Nay: 0 Mayor Maguire pulled for further discussion Consent Item I: - Approve a Joint Powers Agreement between Dakota County, the City of Eagan and Independent School District (ISD) 196 for the engineering design of Diff ley Road (CSAR 30) School Area Improvements and authorize the Mayor and City Clerk to execute all related documents. Public Works Director Matthys gave a summary of the proposed project. Kathryn and Peter Fakkeldij, 968 Trillium Court, Holly Jenkins, 985 Trillium Court, Shana Fouts, 4460 Oak Chase Way, and Theresa Eisele, 4209 Braddock Trail, who phoned in, addressed the Council noting their concerns regarding the proposed Joint Power Agreement. Staff and Council discussed the proposed Joint Powers Agreement. Councilmember Hansen moved, Mayor Maguire seconded a motion to approve a Joint Powers Agreement between Dakota County, the City of Eagan and Independent School District (ISD) 196 for the engineering design of Diffley Road (CSAR 30) School Area Improvements and authorize the Mayor and City Clerk to execute all related documents. Aye: 4 Nay: 0 Council took a 5 -minute break. PUBLIC HEARINGS There are no public hearings to be heard. OLD BUSINESS There are no old business items to be heard. City Council Meeting Minutes July 7, 2020 4 page NEW BUSINESS Preliminary Planned Development; Comprehensive Guide Plan Amendment— Nichols Park, LLC City Administrator Osberg introduced the item noting the Council is being asked to consider a Preliminary Planned Development to allow a 4 -story, 204 -unit apartment building and a Comprehensive Guide Plan Amendment changing the land use designation from Retail Commercial to High Density at property located at the southwest corner of Nicols Road and Diffley Road. City Planner Schultz gave a staff report and provided a site map. Patrick Ostrom, Real Estate Equities, gave a presentation providing background of the company, and an overview of the project. Mayor Maguire opened the public comment. There being no public comment he turned the discussion back to the Council. The Council discussed the development. Councilmember Bakken noted concern using TIF financing. Councilmember Fields noted concerns regarding the size of the project and using TIF financing. Tony Schertler, Executive Director, Dakota County CDA, spoke to the TIF financing. Public Works Director Matthys responded to the ponding issues and requirements for this area. Ben Delwiche, Kaas Wilson Architects, spoke to the ponding designed for the project and the requested deviations on the building setbacks. Peter Moreau, Sambatek, Inc., provided clarification on the design of the stormwater ponding and impacts to the overall site design. Councilmember Mayor Maguire moved, Councilmember Hansen seconded a motion to approve a Preliminary Planned Development to allow a 4 -story, 204 -unit apartment building upon approximately 8 acres generally located at the southwest corner of Nicols Road and Diffley Road, subject to the following conditions: Aye: 4 Nay: 0 1. A Preliminary Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder' s office. The Preliminary PD Agreement shall contain the following plans. • Preliminary Site Plan • Preliminary Building Elevation Plans • Preliminary Landscape Plan • Preliminary Lighting Plan 2. A Final Planned Development Agreement shall be required prior to issuance of a Building Permit. The following plans are required for the Final Planned Development Agreement and shall be consistent with the Preliminary Planned Development and conditions of Preliminary Planned Development approval. City Council Meeting Minutes July 7, 2020 5 page • Final Site Plan • Final Building Elevation Plans • Final Landscape Plan • Final Lighting Plan Affordability 3. The Applicant shall enter into a Planned Development Agreement prepared by the City Attorney' s office which includes the commitment to construct an affordable housing development. Platting 4. The property shall be platted. Mechanical Screening 5. All mechanical equipment shall be screened in accordance with the provisions of the City's zoning code. The ground mounted equipment shall be shown on the Site Plan and screened. Roof mounted vents and other appendages shall match the roof color. Signage 6. The Site Plan shall be revised to identify one free-standing sign. 7. The monument sign shall be subject to City Sign Code standards with a maximum 7' in total height. A Sign Permit is required prior to sign installation. Address Numbers 8. Building address numbers hall be installed consistent with the provisions of Section 2.78 of City Code. Arrhitarti inn 9. The garage doors shall be painted to match the building exterior. 10. The trash enclosure shall meet City Code standards. Site Plan 11. The entire tot lot shall be fenced. The height of the fence shall be depicted on the Site Plan, not to exceed six feet. Site Lighting 12. The applicant shall submit a Site Lighting Plan to meet requirements for site security, safety and traffic circulation. Landscaping and Tree Preservation 13. The applicant shall submit a revised Landscape Plan minus tree mitigation. 14. The applicant shall submit a Tree Mitigation Plan. 15. The applicant shall fulfill tree mitigation requirements through the installation of ninetyfour (94) Category B trees or an equivalent thereof and/ or cash payment ($400.00 per Category City Council Meeting Minutes July 7, 2020 6 page B) tree in lieu as determined by the City Forester. 16. The applicant shall submit a Planting Plan which combines both landscape and tree mitigation requirements. 17. The applicant shall continue to work with staff to refine the overall plans and verify that 3% of building value is achieved. 18. The plant schedule shall be verified to match the number of plantings shown on all plans. Grading 19. 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. Storm Drainage 20. This development shall comply with Eagan' s Land Disturbance Stormwater Pollution Prevention and Post -Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1 - inch Volume Control of effective retention of the site' s new impervious surface area (including effective soil remediation for all of the site' s disturbed soils that are to be revegetated). 21. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide to the City with multiple soil borings equally spaced within the footprint of each proposed infiltration area, extending a minimum of 10' below the bottom of each proposed infiltration feature with continuous sampling, to evaluate and ensure suitability for infiltration, including depth to saturated soils. Provide a minimum of 3 soil borings in Infiltration Shelf footprint, minimum of 2 soil borings in Southwest Infiltration Basin footprint, and minimum of 2 soil borings in the Southeast Infiltration Basin footprint. If the soil boring logs indicate incompatibility of existing sub -soil permeability, 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. 22. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide modified construction details of the proposed Infiltration Bench for City review/ acceptance by the City Engineer and include in construction plans, to clarify how this bench will be able to infiltrate and not be negatively influenced hydrologically (constantly saturated) by the adjacent pond. If sustained infiltration cannot be justified to the City Engineer' s satisfaction, the Infiltration Bench shall be modified to include a functioning underdrain system for filtration and iron -enhanced sand component to achieve at least a 25 -year service life. Appropriate construction details shall be provided, which would include detailed City Council Meeting Minutes July 7, 2020 7 page cross- section(s), construction sequencing/ protection/ restoration notes, sizing/ volume tables to demonstrate compliance with minimum volume control retention including detailing drainage areas for basin, details for stable inlets/ outlet/ emergency overflow, sub -soil ripping of 18 -inch depth minimum x 18 -inch maximum spacing (if infiltrating), under -drain with adjustable shutoff valve, soil amendment criteria, planting details (including live planting at 18 -inch on -center spacing with seeding of all infiltration/ filtration basin bottoms, and seeding of side -slopes), permanent erosion- control details, etc., to ensure the infiltration basin is properly designed, constructed, planted, and adequately protected during / after construction to prevent clogging, and able to be properly maintained (e.g. unobstructed equipment access, etc.) to function as intended. if an iron -enhanced sand filter bench is determined to be the only practical option, the applicant shall provide appropriate details, including detailed construction cross- sections and notes to include an appropriate constructed box frame, impermeable rubber liner specifications (thickness, acceptable joint sealing, etc.), under- drain details including pipe type and cleanouts/ vents, erosion -control protections at toe and top of side -slopes, iron -sand mix specification/ composition/ source and estimate mix volume needed, etc. for contractor to successfully construct and protect. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Grading Plan, Utility Plan, etc.). Notes shall be provided that grading and utility contractor(s) shall provide 24 -hours advance notice of any grading or utility work involving the proposed infiltration/ filtration basin system, including installation of pre-treatment sump, inlet, outlet, and any other structural components or critical construction steps. 23. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide construction details of the proposed Southwest and Southeast infiltration basins for City review/ acceptance by the City Engineer and include in construction plans. Construction details shall include infiltration basin cross- sections, construction sequencing/ protection/ restoration notes, sizing/ volume tables to demonstrate compliance with minimum volume control retention including detailing drainage areas for basin, details for stable inlets/ outlet/ emergency overflow, sub -soil ripping of 18 -inch depth minimum x 18 -inch maximum spacing, under- drain with adjustable shut-off valve, soil amendment criteria, planting details (including live planting at 18 -inch on -center spacing with seeding of all basin bottoms, and seeding of side -slopes), permanent erosion- control details, etc., to ensure the infiltration basin is properly designed, constructed, planted, and adequately protected during / after construction to prevent clogging, and able to be properly maintained (e.g. unobstructed equipment access, etc.) 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.). Notes shall be provided that grading and utility contractor(s) shall provide 24 -hours advance notice of any grading or utility work involving the proposed infiltration basin system, including installation of pre-treatment sump, inlet, outlet. 24. 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 private permanent stormwater management system, in a form acceptable to the City Attorney. 25. Before the city returns any Stormwater- related Performance Guarantee Fees on the development site, the applicant shall demonstrate that all stormwater management practices, pre-treatment structures and conveyance pipes are cleaned of any construction City Council Meeting Minutes July 7, 2020 8 page sediment/ debris and performing as intended. The applicant shall also provide the City Engineer as -built plans meeting City requirements for as -built standard submittals that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities including pre-treatment structures conform to design and/ or construction plans, as approved by the City. 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. 26. The development shall be responsible to expand Pond AP -8 on site to provide additional storm water ponding capacity, as shown on the preliminary grading and utility plans. 27. The development shall dedicate adequate public drainage & utility easement over the expanded Pond AP -8, in accordance with requirements set forth in the latest version of the City's Stormwater Management Plan. Utilities 28. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. Fiber to the Premises 29. The applicant shall submit a proposal/ infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). The applicant shall provide a civil drawing plan for outside plant (including handholes and conduit path) work as well as an electrical plan for inside plant work to be reviewed and approved by City staff. This development shall include the installation of fiber optic cable in its construction plans at the time of Building Permit. 30. This development shall be designed to support broadband and fiber optic telecommunications networks. The applicant shall provide a plan to be approved by staff including development- owned vault(s) at an entry point(s) to the premises and a conduit system to provide fiber optic to all buildings in the development. The conduit system shall utilize a multi -partitioned inner duct system, or other comparable means, to accommodate multiple fiber optic service providers in the future. Parks and Recreation 31. The applicant shall satisfy park and trail dedications through cash dedication, payable at the time of Final Plat at the rates then in effect. For multi -family development, the 2019 fee for park dedication is $3,475.00 per unit, and for trail dedication is $258.00 per unit. Streets/ Access/ Pedestrian Circulation 32. The applicant shall modify the striping on Nicols Road to accommodate existing turn lanes, and proposed turn lanes into the development, in a manner acceptable to the City Engineer. 33. The applicant shall construct an eight -foot wide bituminous trail on the west side of Nicols Road, adjacent to the property, in a manner acceptable to the City Engineer. 34. The applicant shall provide a contractor parking plan in a form acceptable to the City City Council Meeting Minutes July 7, 2020 9 page Engineer, prior to the approval of the building permit. Easements 35. The applicant shall provide adequate right-of-way and/ or trail easement for Nicols Road and a pedestrian trail to be constructed to City engineering standards, in a manner acceptable to the City Attorney. 36. The monument sign shall be relocated out of drainage & utility easements. 37. A drainage and utility easement of sufficient size should / shall be dedicated over the wetland in a form acceptable to the City Attorney. Councilmember Fields moved, Councilmember Hansen seconded a motion to implement a Comprehensive Guide Plan Amendment changing the land use designation from RC (Retail Commercial) to HD (High Density) upon approximately 8 acres generally located at the southwest corner of Nicols Road and Diffley Road. Aye: 3 Nay: 1 (Bakken) Adopt Resolution approving the location of the Nicols Apartments Housing project undertaken by the Dakota County Community Development Agency within the City of Eagan City Administrator Osberg introduced the item noting the Council is being asked to consider adopting a resolution approving the Nicols Apartments Housing project. Community Development Director Hutmacher gave a presentation. Tony Schertler, Executive Director, Dakota County CDA, provided clarification on the CDA Resolution to Adopt TIF District. Councilmember Fields moved, Councilmember Hansen seconded a motion to adopt a resolution approving the location of the Nicols Apartments housing project undertaken by the Dakota County Community Development Agency within the City of Eagan. Aye: 4 Nay: 0 The Council took a 5 -minute break. Interim Use Permit — Gertens City Administrator Osberg introduced the item noting the Council is being asked to consider an Interim Use Permit for seven years to continue operating a yard waste and compost facility and landscape center at 805 Yankee Doodle Road. City Planner Schultz gave a staff report and provided a site map. Tom Evenson, representing the Applicant; gave an overview of the request and was available for questions. Mayor Maguire opened the public comment. There being no public comment he turned the discussion back to the Council. City Council Meeting Minutes July 7, 2020 10 page Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve (or direct preparation of Findings of Fact for Denial) an Interim Use Permit for seven (7) years to continue operating a yard waste and compost facility and landscape center on Outlot A, Gopher Eagan Industrial Park 8th Addition, located northeast of Yankee Doodle and Elrene Roads at 805 Yankee Doodle Road, subject to the following conditions: Aye: 4 Nay: 0 1. This Interim 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 2. The permit shall terminate upon the earlier of closure of the facility or June 1, 2027. 3. Activities on Outlot A shall be limited to the items on the Site Plan —wood processing, storage of landscape products, water quality ponding and mulch storage per the Site Plan. 4. A Grading Permit shall be obtained for the turf restoration areas as shown on the Site Plan, and restoration of turf should be accomplished by September 15, 2020. 5. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The Interim Use Permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 6. The applicant shall continue to implement and maintain the stormwater management and mitigation practices, and communicate this implementation and maintenance to the City, to clearly demonstrate and quantify that the stormwater mitigation measures will provide sufficient volume to fully contain the runoff from a 1%/24 -hour precipitation frequency storm event from the Yard Waste Composting operations on Outlot A (including accounting for contribution and complying stormwater management and treatment from Outlot H operations). 7. The property owner shall continue to be liable to the responsibilities within the long-term stormwater management system maintenance agreement with the City for the permanent stormwater management system, providing details of the inspections and maintenance required to occur to ensure continuous proper operation and performance, including perpetual retention capacity and capability so that no surface discharge leaves the site' s graded areas to fully contain the runoff from a 1%/24 -hour precipitation frequency storm event, nor any illicit discharge. 8. The applicant shall extend the watermain and install afire hydrant according to the approved utility plans. 9. The applicant shall acquire the appropriate permits and approvals from Dakota County to extend the water main through county right-of-way. 10. The applicant shall restore any damage to the street, curb and gutter, and boulevard to City Council Meeting Minutes July 7, 2020 11 page County requirements. 11. The recycled bituminous material shall be allowed to remain the material for parking, driveways, and outdoor storage areas, subject to periodic review by city staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 12. The lack of concrete curb and gutter shall be allowed to continue for the perimeter of the proposed parking, driveways, and outdoor storage areas, subject to periodic review by city staff for adequacy of drainage and containment purposes. The first review will occur two years following approval of this permit. If the lack of curb and gutter is determined to be inadequate, the City will require that concrete curb and gutter be installed. 13. All storage areas shall be properly maintained to prevent deterioration. 14. At the expiration or termination of the Interim Use Permit, the applicant shall obtain a Grading Permit from the City and restore all hard surfaces (outdoor storage areas, parking areas, and the driveway) back to turf in a manner acceptable to the City Engineer. Detailed plans for this grading work shall be prepared and signed by a licensed professional engineer. 15. Ponding cross easements, or a declaration if common ownership, shall be provided in a form acceptable to the City Attorney. 16. A cross easement, or access agreement, for the shared driveway shall be provided in a form acceptable to the city attorney. Conditional Use Permit — Unifirst Corporation City Administrator Osberg introduced the item noting the Council is being asked to consider a Conditional Use Permit for outdoor storage of no more than nine step vans and 27 linen carts at 2922 West Service Road. City Planner Schultz gave a staff report and provided a site map. Mayor Maguire opened the public comment. There being no public comment he turned the conversation back to the Council. The applicant, Robert Brown, was available for questions. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit for outdoor storage of no more than nine (9) step vans and 27 linen carts at 2922 West Service Road, legally described as Lots 1-3, Block 6, Eagandale Center Industrial Park subject to the following conditions: Aye:4 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. City Council Meeting Minutes July 7, 2020 12 page 2. This Conditional Use Permit shall supersede and replace prior Conditional Use Permits for outdoor storage granted to this property. 3. The outdoor storage shall be limited to those items approved and located in the outdoor storage areas as identified on the Site Plan dated May 15, 2020. 4. A building permit shall be required for additions and improvements to the existing building. The building permit shall include a site plan consistent with the site plan dated May 15, 2020, a Landscape Plan consistent with the Landscape Plan dated May 15, 2020, and a Lighting Plan consistent with the Lighting Plan dated May 15, 2020. 5. The applicant shall provide additional plantings and tree replacement consistent with the Landscape Plan dated May 15, 2020. Landscaping which is designed for screening shall screen the outdoor storage and dock doors from Center Court and West Service Road. 6. New and replacement landscaping shall be installed prior to Certificate of Occupancy of the building. 7. No additional outdoor storage shall be allowed. 8. All parking and storage areas shall be properly maintained to prevent deterioration. 9. The applicant shall provide Knox lock boxes or Knox padlocks at all the gates for Fire Department access subject to review and approval by the City Fire Marshal. 10. The applicant shall restripe the parking stalls per City Code dimensional requirements. 11. 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. Note: the project area is within the direct -drainage area, and within 1 -mile, of a TMDL Waterbody (LeMay Lake). 12. This development shall comply with Eagan' s Land Disturbance Stormwater Pollution Prevention and 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 of effective retention of the site' s new impervious surface area including effective soil remediation for all of the site' s disturbed soils that are to be revegetated). 13. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide to the City a minimum of two (2) soil borings equally spaced within the footprint of the proposed infiltration area, extending a minimum of 10 feet below the bottom of the proposed infiltration feature with continuous sampling, to evaluate and ensure suitability for City Council Meeting Minutes July 7, 2020 13 page infiltration, including depth to saturated soils. If the soil boring logs indicate incompatibility of existing sub -soil permeability, 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. 14. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide revised construction details of the proposed infiltration basin following MPGA Minnesota Stormwater Manual Standards & City Engineering Standards for Infiltration Basins for City review/ acceptance by the City Engineer and include in construction plans. Construction details shall include revised infiltration basin cross- section(s), construction sequencing/ protection/ restoration notes, requirements for sub -soil infiltration testing, details for stable inlets/ outlet/ emergency overflow, unobstructed inspection/ maintenance access areas to inlets/ outlet, sub -soil ripping of 18 -inch depth minimum x 18 -inch maximum spacing, soil amendment criteria (note: salvaged topsoil is not appropriate for infiltration soil media), planting details including live planting at 18 -inch on -center spacing with seeding of all basin bottoms with seeded side -slopes, permanent erosion- control details for basin bottom and side -slopes, etc., to ensure infiltration practices are properly designed, constructed, planted, and adequately protected during / after construction to prevent clogging, and able to be properly maintained (e.g. unobstructed equipment access, etc.) 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.). Notes shall be provided that grading and utility contractor(s) shall provide 24 -hours advance notice to City Water Resources Staff of any grading or utility work involving the proposed infiltration basin system, including installation of inlet and outlet. 15. The applicant shall provide adequately sized pre-treatment structure (e.g. 4 -foot minimum depth sump, 5 -foot minimum diameter, with floatable skimmer hood, etc.) at, or immediately upstream of, any Stormwater treatment facility inlet to provide for effective capture and easily accessible cleanout of fine -sand sized particles and floatable pollutants. Pre-treatment structures shall be accessible by appropriate maintenance equipment. Details shall be included in applicable plan sheet(s) using Eagan Standard Detail Plate E231. 16. Prior to receiving city approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies in the plan set for City review, and acceptance by the City Engineer, that provide clear assurances that by final grading, prior to installation of any irrigation, sod, permanent seeding or plant materials, 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 greater than 5% soil organic matter content and less than 200 psi of soil compaction in the top 12" of topsoil, to comply with City 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 Plan, Landscape Plan, etc.) and shall specify estimated quantities of soil ripping area and volume of compost to be imported and incorporated on pertinent plan sheets. Prior to receiving a Certificate of Occupancy for any affected construction, Soil Management Strategy implementation documentation (e.g. haul tickets, 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 City Council Meeting Minutes July 7, 2020 14 page strategy compliance. Notes shall be provided that implementing contractor shall provide 24 - hours advance notice to City Water Resources staff prior to implementation of soil loosening and amendment. 17. Prior to receiving a Certificate of Occupancy, the applicant shall be responsible to remove sediment from, and provide other necessary maintenance, for Pond DP -2.3 on-site to City Standards and implement appropriate and timely restoration practices on all involved disturbance. 18. 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 private permanent stormwater management system, in a form acceptable to the City Attorney. 19. Before the city returns any Stormwater- related Performance Guarantee Fees on the development site, the applicant shall demonstrate that all stormwater management practices are performing as intended and shall provide the City Engineer as -built plans meeting City requirements for as -built standard submittals that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (infiltration basin, restored pond, soil amendment areas, etc.), including soil loosening & amendment prior to landscaping, conform to design and/ or construction plans, as approved by the City. 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. Comprehensive Guide Plan Amendment - Clements Consulting LLC City Administrator Osberg introduced the item noting the Council is being asked to consider submitting to the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation from Retail Commercial to Medium Density upon approximately 9.7 acres located southeast of Red Pine Lane and Highway 3. City Planner Schultz gave a staff report and provided a site map. Michael Clements, Clements Consulting, was available for questions. Mayor Maguire opened the public comment. Mike Neisius, Justman Freight Lines, addressed the Council noting he was hoping the property would be used for commercial or light industrial so there would be less traffic. Steve Negaard, 4794 Red Pine Court, and Kala Rae Diederich, 564 Spruce Circle, stated their concerns regarding increased traffic, specifically around the school, and reducing the speed limit on Red Pine Lane. There being no more public comment, Mayor Maguire turned the discussion back to the Council. Mayor Maguire inquired about comparing traffic generation of differing zoning districts. Public Works Director Matthys explained likely trip generation between industrial, retail and residential. City Council Meeting Minutes July 7, 2020 15 page The Council discussed the Comprehensive Guide Plan Amendment. Councilmember Bakken noted he cannot support putting residential use in area. Public Works Director Matthys responded to the traffic concerns and expectations for various land use types. Councilmember Fields moved, Councilmember Hansen seconded a motion to direct staff to submit to the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation from RC (Retail Commercial) to MD (Medium Density) upon approximately 9.7 acres located southeast of Red Pine Lane and Highway 3. Aye: 3 Nay: 1 (Bakken) LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA There are no administrative agenda items to be heard. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Hansen moved, Councilmember Fields seconded a motion to adjourn the meeting at 11:30 p.m. Aye: 4 Nay: 0 Uh 4 wl� Mayor City Clerk