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01/05/2021 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JANUARY 5, 2021 No Listening Session was held. Due to the COVID-19 pandemic, the regular Eagan City Council meeting was held virtually on Tuesday, January 5, 2021 at 6:30 p.m. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen, and Supina. Also present was City Administrator Osberg, Assistant City Administrator Miller, Finance Director Pepper, Public Works Director Matthys, Community Development Director Hutmacher, City Planner Schultz, Communications and Engagement Director Ellickson, Parks and Recreation Director Pimental, City Clerk Scipioni and City Attorney Dougherty. AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 (Roll Call) RECOGNITIONS AND PRESENTATIONS City Administrator Osberg noted the written oaths were signed in advance of tonight's Council meeting City Clerk Scipioni administered the Oath of Office for Council Member Cyndee Fields and Council Member Mike Supina, who were elected to four-year terms. Mayor Maguire congratulated Councilmember Fields and Supina. Councilmembers Bakken and Hansen congratulated Councilmember Fields and welcomed Councilmember Supina. CONSENT AGENDA Councilmember Supina moved, Councilmember Hansen seconded a motion to approve the consent agenda as presented: Aye: 5 Nay: 0 (Roll Call) A. It was recommended to approve the December 15, 2020 City Council minutes, as presented, or modified. B. Personnel Items: 1. It was recommended to approve the hiring of part-time recurring and seasonal employees for Preschool Teacher, Preschool Teacher's Assistant and Utility Maintenance Worker. 2. It was recommended to accept the resignation/retirement of Tom Pepper, Finance Director and authorize his replacement. 3. It was recommended to approve the job title Fire Services Technician which will support the Fire Department. 4. It was recommended to approve a Memorandum of Agreement regarding Emergency Paid Leave between the City of Eagan and the LELS Local #185 — Patrol Sergeants. 5. It was recommended to approve a Memorandum of Agreement regarding Emergency Paid Leave between the City o Eagan and the International Association of Fire Fighters, Local No. 5171— Fire Captains Unit. City Council Meeting Minutes January 5, 2021 2 page 6. It was recommended to approve an update to the City's Emergency Management Plan to update language in regard to the COVID-19 global pandemic. 7. It was recommended to approve the collective bargaining agreement with the Teamsters Local 320 — Public Works and Park Maintenance Unit. 8. It was recommended to approve a Memorandum of Agreement regarding Emergency Paid Leave between the City of Eagan and the International Association of Fire Fighters, Local No. 5171— Fire Fighters Unit. C. It was recommended to ratify the check registers dated December 11 and 18, 2020. D. It was recommended to approve the ordinary and customary contracts with Minnesota Department of Agriculture. E. It was recommended to approve the final payment for EAB tree removal in the amount of $30,950.00. F. It was recommended to approve Change Order No. 1 for Woodhaven Park Restroom Building Construction. G. It was recommended to approve Change Order No. 1 Woodhaven Park site improvements. H. It was recommended to approve an agreement for assisting in Organized Crime Drug Enforcement Task Force (OCDETF) investigations, strategic initiatives and prosecutions. I. It was recommended to accept the amendment to the 2020 grant from the Minnesota Department of Public Safety on behalf of the Dakota County Drug Task Force. J. It was recommended to approve the final payment for Contract 19-27 (Fish Lake — Alum Dosing Building Upgrade) in the amount of $52,184.00 to Ebert, Inc. dba Ebert Construction and accept the improvements for perpetual City maintenance subject to warranty provisions. K. It was recommended to approve the final payment for Contract 20-08 (Canter Glen — Storm Lift Station Rehabilitation) in the amount of $80,891.13 to Minger Construction Co. Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. L. It was recommended to approve Change Order No. 1 for Contract 20-02 (Central Parkway and Northwood Parkway — Street, Traffic Signal and Lighting Improvements) and authorize the Mayor and City Clerk to execute all related documents. M. It was recommended to approve the plans and specifications for Contract 21-05 (Yankee — Storm Lift Station Rehabilitation) and authorize the advertisement for a bid opening to be held at 11:00 a.m. CST on Thursday, January 28, 2021, at 3419 Coachman Point. N. It was recommended to approve an amendment to the Fee Schedule Appendix for the current Consulting Engineering and Soils and Materials Testing Contracts for services to be provided in 2021. 0. It was recommended to approve a Resolution of Support for a Dakota County Transportation Department request to the Minnesota Department of Transportation for a Vehicle Speed Study of Diffley Road (CSAH 30) in conjunction with the completion of the Diffley Road (CSAH 30) School Area Improvement (County Projects 30-39). P. It was recommended to approve the third amendment to the telecommunication lease agreement with AT&T, for upgrades on the Yankee Reservoir site and authorize the Mayor and City Clerk to execute all related documents. Q. It was recommended to approve the third amendment to the telecommunication lease agreement with T -Mobile, for upgrades on the Yankee Reservoir site and authorize the Mayor and City Clerk to execute all related documents. It was recommended to authorize submittal of the City's FY 2021 Community Development Block Grant (CDBG) application and adopt a resolution approving the funding application request. City Council Meeting Minutes January 5, 2021 3 page S. It was recommended to approve a modification to a condition and an extension of the Variance approval for 3640 Elrene Road, Lot 2, Block 1, Raarup Addition. T. It was recommended to authorize final payment and closure of contract with AVI Systems Inc. to provide an audio/visual system for the renovations at the City Hall and Police facilities. PUBLIC HEARINGS Lot 1, Block 1, Bell Lexington Addition Sidewalk, Trail & Utility Easement Vacations City Administrator Osberg introduced the item noting the Council is being asked to consider the vacation of sidewalk and trail and utility easements located at 2990 Lexington Avenue South. Public Works Director Matthys gave a staff report and provided a site map. John F. Cameron, Esq., representing Honsa Lighting Sales and Services, Inc., was available for questions. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Bakken seconded a motion to close the public hearing and approve the vacation of public easements on Lot 1, Block 1, Bell Lexington Addition. Aye: 5 Nay: 0 (Roll Call) OLD BUSINESS There were no Old Business items to be heard. NEW BUSINESS Preliminary Planned Development — Sola Salons City Administrator Osberg introduced the item noting the Council is being asked to consider a Preliminary Planned Development to allow a 9,445 square foot one-story building intended for commercial use as a salon upon 1.3 acres located east of Nicolas Road between Cedar Grove Parkway and Eagan Outlets Parkway. City Planner Schultz gave a staff report and provided a site map. Michael Knisley, representing the applicant, explained the business model and that not all the studio spaces are occupied at the same time, so they are very comfortable that parking is sufficient. Patrick Elgin joined the virtual meeting and was available for questions. The Council discussed the request. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. City Council Meeting Minutes January 5, 2021 4 page Councilmember Bakken moved, Councilmember Supina seconded a motion to approve a Preliminary Planned Development to allow a 9,445 square foot one-story building intended for commercial use as a salon upon 13 acres located east of Nicols Road between Cedar Grove Parkway and Eagan Outlets Parkway, legally described as Lot 2, Block 1, Cedar Grove Parkway 5t" Addition, subject to the following conditions: Aye: 5 Nay: 0 (Roll Call) 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. The following plans shall be revised and submitted as Master Development Plans prior to Final Subdivision and Final Planned Development approval. • Preliminary Site Plan • Preliminary Building Elevations • Preliminary Landscape Plan • Preliminary Site Lighting Plan • Preliminary Signage Plan 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 approved Preliminary Planned Development. • Final Site Plan • Final Building Elevations • Final Landscape Plan • Final Lighting Plan • Final Signage Plan 3. The Planned Development shall have a term of three (3) years. 4. This Preliminary Planned Development approves a 9,445 sq. ft. retail commercial building intended for use as a salon. The applicant shall coordinate with the City for an acceptable design and location of the corner monument features, and final design and plans shall be provided at the time of Final Planned Development. 6. No "structural" or "non -removable" building features shall be allowed to overhang a drainage and utility easement. The Final Building Elevations shall incorporate modifications to eliminate structural projections within the easement, and to identify any other features such as awnings that may overhang the easement as non -permanent and removable. 7. The applicant shall enter into an encroachment agreement for any "non-structural" or removable" building features that overhang a drainage and utility easement, in a form acceptable to the City Attorney. 8. Final Building Elevations shall include a data table showing the percentage of primary and secondary materials to demonstrate compliance with the City Code standards. A materials palette also shall be provided with the Final Planned Development identifying the specific products and color selections for different materials. City Council Meeting Minutes January 5, 2021 5 page 9. At the time of Final Planned Development, the applicant shall acquire and submit an access agreement for the tree planting on Affinity Eagan property and provide documentation indicating initial and long-term maintenance responsibility for the new landscaped area. 10. The Final Landscape Plan shall omit trees within the westerly utility easement, and substitute shrubs and perennials in that area to provide visual interest, frame the building, and screen parking. 11. The Final Landscape Plan also shall include tree planting specifications, irrigation information, and warranty notes. 12. The developer shall protect the preserved trees' 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, of significant trees/ woodlands to be preserved on-site. 13. The developer 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. 14. Pole mounted site lighting shall not exceed 20 feet in height. This shall be confirmed at the time of Final Planned Development. 15. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to final subdivision approval. 16. All retaining walls shall be located entirely within the subject property. 17. The applicant shall obtain an easement or agreement from the neighboring property owner for any work on the neighboring property prior to the issuance of a building permit. 18. 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. 19. All 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. 20. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 21. 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 City Council Meeting Minutes January 5, 2021 6 page accordance with City adopted codes, engineering standards, guidelines, and policies 22. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 23. The restoration of any street, boulevard, or sidewalk damaged during construction activities shall be restored in a manner acceptable to the City Engineer. 24. The applicant shall perform turn lane and striping modifications on Eagan Outlets Parkway to accommodate the parking lot access, in a manner acceptable to the City Engineer. 25. No construction equipment or vehicles shall use the parking garage during development of this site. 26. All perimeter construction fencing shall be installed a minimum of five (5) feet behind the curb, or behind the trail/ sidewalk if one is present. 27. All existing trails/ sidewalks shall remain fully open to pedestrian traffic throughout construction, and any damage to those facilities should be the responsibility of the developer to repair and/ or replace in a manner acceptable to the City Engineer. 28. No construction staging or construction activities shall occur in the right-of-way, and no lane or shoulder restrictions shall occur on any adjacent roadways without prior approval by the City Engineer. 29. Any excavation into a drainage and utility easement for building construction purposes shall be performed in a manner acceptable to the City Engineer. 30. Any installation of masonry piers and an aluminum fence, and associated landscaping, in the drainage and utility easement or other City easement shall be performed in a manner acceptable to the City Engineer, and the applicant shall enter into an encroachment agreement for those features in a form acceptable to the City Attorney. 31. The applicant shall enter into an encroachment agreement for any retaining wall in a drainage and utility easement, in a form acceptable to the City Attorney. 32. The developer shall obtain all outside agency permits as necessary for completion of the site improvements. 33. This development shall be subject to cash trail dedication at the time of Building Permit, at the rates then in effect. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA City Council Meeting Minutes January 5, 2021 7 page CITY COUNCIL Mayor Maguire congratulated Councilmembers Fields and Supina again. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Bakken moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:30 p.m. Aye: 5 Nay: 0 (Roll Call) Date WA ity Clerk