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05/18/2021 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota MAY 18, 2021 No Listening Session was held. Due to the COVID-19 pandemic, the regular Eagan City Council meeting was held virtually on Tuesday, May 18, 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 Feldman, Public Works Director Matthys, Community Development Director Hutmacher, City Planner Schultz, Communications and Engagement Director Ellickson, Parks and Recreation Director Pimental and City Attorney Bauer. AGENDA Councilmember Hansen moved, Councilmember Supina seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 (Roll Call) RECOGNITIONS AND PRESENTATIONS 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 (Roll Call) A. It was recommended to approve the April 27 and April 28, 2021 Special City Council minutes and the May 4, 2021 regular City Council minutes, as presented, or modified. B. Personnel Items: 1. It was recommended to accept the resignation of Mary Duevel, Administrative Assistant, and authorize replacement of the position. 2. It was recommended to approve the hiring of Urika Pratt for the position of Program Coordinator. 3. It was recommended to approve the implementation of a wellness incentive program for regular full-time and part-time benefit employees. 4. It was recommended to approve the hiring of the following part-time recurring and seasonal employees as Guest Relations Crews, Assistant Recreation Leaders, Building/Grounds Attendant, Deck Coordinator, Group Fitness Substitute, Lifeguards, Pool Attendant/Lifeguards, Recreation Leaders, Seasonal Utility Maintenance Worker, Site Coordinators, Spark! Recreation Leader, Stormwater Intern, and Water Resources Intern. 5. It was recommended to approve the hiring of Seth Flolid for the position of Facilities Coordinator. C. It was recommended to ratify the check registers dated. April 30 and May 7, 2021. D. It was recommended to approve the ordinary and customary contracts with CenturyLink, Mark Dobbelmann, John and Dorothy Demma Red Barn Farm and Commons on Marice. E. It was recommended to approve a resolution to accept a donation from Lori-Risting Clark. City Council Meeting Minutes May 18, 2021 2 page F. It was recommended to approve an agreement with Dakota County Health to provide Fire Medics to assist with vaccinations. G. It was recommended to adopt a resolution to participate in the five year update of the Dakota County All Hazard Mitigation Plan. H. It was recommended to approve Change Order No. 1 for Contract 21-10 (2021 Water Quality Improvements) and authorize the Mayor and Deputy City Clerk to execute all related documents. I. It was recommended to receive the bids for Contract 21-16 (Pond JP -47.2 sludge Removal), award a Contract to New Earth USA, LLC, for the base bid in the amount of $106,000.00, and authorize the Mayor and Deputy City Clerk to execute all related documents. J. It was recommended to approve the fourth amendment to the telecommunication lease agreement with T -Mobile for upgrades on the Lexington -Diff ley Reservoir site and authorize the Mayor and Deputy City Clerk to execute all related documents. K. It was recommended to receive the petition to vacate public drainage and utility easements on Lot 25, Block 1, Wexford 2nd Addition and schedule a public hearing to be held on June 15, 2021. L. Item pulled for further discussion. M. It was recommended to approve a Final Plat (Lexington Logistics Center 2nd Addition) to create one (1) lot upon 16.68 acres located at the northeast corner of Lexington Avenue and Gemini Road. N. It was recommended to approve a final Subdivision (Park Center Seventh Addition) to create two lots upon ten acres located at 2055 Cliff Road, currently legally described as Lot 1, Block 1, Park Center Sixth Addition, and to approve a Final Planned Development to allow an approximately 14, 819 square foot retail grocery store upon 1.91 acres legally described as Lot 2, Block 1, Park Center Seventh Addition. 0. It was recommended to approve the waiver of the Special Event Permit Fees for the Eagan Art Festival. P. It was recommended to receive the bids for Contract 21-07 (Kings Road/Pond AP -18 Storm Sewer Improvements), award a contract to MN Dirt Works, Inc., in the amount of $29,299.00, and authorize the Mayor and Deputy City Clerk to execute all related documents. Q. It was recommended to approve transfers to close out Capital Project and Debt Service Funds. Martin Vrieze, 4798 Red Pine Court, phoned in and requested Consent Item L — Receive Petition to Vacate Drainage & Utility Easement, Lots 1 & 2, Block 1 Red Pine Crossing (560 Red Pine Lane),.and Schedule a Public Hearing for June 15, 2021 be pulled for further discussion. Mr. Vrieze noted his opposition to the conservation easement vacations. After further discussion, it was determined it was not a conservation easement vacation being considered, and Mr. Vrieze was no longer opposed. Councilmember Fields moved, Councilmember Supina seconded a motion to receive the petition to vacate public drainage and utility easements on Lots 1 & 2, Block 11 Red Pine Crossing and schedule a public hearing to be held on June 15, 2021. Aye: 5 Nay: 0 (Roll Call) PUBLIC HEARINGS Variance — 2005 Pin Oak Drive (PCS Residential) City Administrator Osberg introduced the item noting the Council is being asked to consider a Variance of 10 feet to the required 10 -foot side yard setback for a trash enclosure upon property located at 2005 Pin Oak Drive. City Planner Schultz gave a staff report and provided a site map. City Council Meeting Minutes May 18, 2021 3 page The applicant was available for questions. The Council discussed the variance request. 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 approve a Variance of 10 feet to the required 10 -foot side yard setback for a rash enclosure upon property located at 2005 Pin Oak Drive, legally described as Lot 1, Block 1, Rahn Ridge 2nd Addition, subject to the following conditions: Aye 5 Nay: 0 (Roll Call) 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. 2. The applicant shall record the private encroachment and access agreement with the Dakota County Recorder' s Office within 60 days of variance approval. 3. The fence around the enclosure shall be stained or painted to match the principal building and the enclosure shall be maintained in good repair. 4. Gates shall be installed on the enclosure consistent with the standards in Section 11.701 Subd. 21-D.7 of the City Code. 5. The enclosure shall be used only for the trash and recycling containers. Outdoor storage of other items or parking of vehicles on the concrete slab or within the enclosure is prohibited. 6. The storage of trash and disposal of refuse shall be maintained in compliance with the applicable provisions of Chapter 10 of the City Code. OLD BUSINESS There is no old business to be heard. NEW BUSINESS Comprehensive Guide Plan Amendment — United Properties -Boulder Lakes 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 Major Office to Business Park upon approximately 11.2 acres. City Planner Schultz gave a staff report and provided a site map. The applicant was available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. City Council Meeting Minutes May 18, 2021 4 page Councilmember Bakken moved, Councilmember Fields seconded a motion to direct staff to submit to the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation from MO (Major Office to BP (Business Park) upon approximately 11.2 acres legally described as Lots 1 and 2, Block 2, Boulder Lakes Addition. Aye: 5 Nay: 0 (Roll Call) Preliminary Subdivision and Preliminary Planned Development — Marvin Development III, LLC - Oakview Center -3rd Addition (Taco Bell) City Administrator Osberg .introduced the items noting the Council is being asked to consider a Planned Development Amendment to allow a fast food restaurant with a drive through and a Preliminary Subdivision to create two lots upon approximately three acres. City Planner Schultz gave a staff report and provided a site map. The applicant was available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to allow a fast food restaurant with a drive through upon approximately three acres located northwest of Holiday Lane and Courthouse Lane, Legally described as Lot 1, Block 1, Oakview Center 21nd Addition, subject to the following conditions: Aye: 5 Nay: 0 (Roll Call) 1 An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder' s office. The following exhibits shall be.made part of the Agreement: 0 Site Plan S Building Elevations ® Landscape Plan 0 Signage Plan • Site Lighting Plan 2. The property shall be platted. B. All signs are subject to the requirements of the City Sign Code (monument sign. is allowed at 12 feet in height). A sign permit shall be required for each sign prior to installation. 4. The brick base of the monument sign shall match the brick on the principal building. 5. A revised Sign Plan shall be provided to reduce the number of building signs. 6. Building identification numbers shall be installed consistent.with City Code Section 2.78. 7. All trash and recyclables storage shall be located within the designated space within the building. 8. All ground and rooftop mechanical equipment shall be screened consistent with City Code City Council Meeting Minutes May 18, 2021 5 page standards and compliance shall be confirmed at the time of Building Permit. 9. Landscaping around the transformer shall be enhanced to provide screening from all directions. 10. A revised Lighting Plan shall be provided with modified fixtures to limit light spill onto the adjacent property. A maximum light level of 1.0 footcandle at property lines is allowed. 11. If parking is found to be inadequate, then the proof of parking shall be constructed per the approved Site Plan and in a manner acceptable to the City Engineer. 12. 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. 13. This development shall comply with Eagan' s Land Disturbance Stormwater Pollution Prevention and Post -Construction Stormwater Management Requirements (City Code Section 4.34) for stormwater management and surface water quality, including Runoff Rate Control and 14 -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). 14. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide and include in the plan set all underground stormwater filtration system, details, including that a) an off-line bypass to prevent construction stormwater from entering the filtration chambers and sand filter bed shall be provided until drainage area stabilization, b) solid bottom isolator rows (appropriately sized) are provided at any stormwater inlet point into the underground systems, c) no limestone shall be used below or between the perforated pipes, d) unobstructed physical access via manhole will be provided to any isolator row for inspection and maintenance, e) 10 -inch minimum diameter inspection ports will be provided on all perforated pipe rows. 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 filtration chamber systems, including over excavation, installation of pre-treatment sumps, inlets, outlets, sump skimmer hoods, etc. Shop drawings related to the underground stormwater filtration chamber systems must be provided to the City for review before installation, 15. 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 graphical details and notes on soil protection/ restoration 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 sheet quantity tables. Prior to receiving a Certificate of City Council Meeting Minutes May 18, 2021 6 page 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 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. 16. The applicant shall provide adequately sized pre-treatment structure (e.g. 4 -foot minimum depth sump, 5 -foot minimum diameter, with floatable skimmer hood, energy dissipation, 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. 17. Prior to proceeding with. land disturbing activity, the Property Owner shall enter into a longterm 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. 18. 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 sump(s), infiltration/ filtration chamber galleries, etc.), including soil loosening amendment prior to landscaping, conform to design and/ or construction plans, as approved by the City. Photos/ video of final inspection of clean underground infiltration chamber gallery system and contributing storm sewer shall be provided to the City Engineer. 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. 19. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 20. The new sidewalk along Holiday Lane shall be constructed in a manner acceptable to the City Engineer. 21. The applicant shall restore the street, curb and gutter, and boulevard in a manner acceptable to the City Engineer, for any parking lot or utility connections that extend into public right-of-way. 22. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to the issuance of a building permit. 23. Park and Trail dedication will be due for the new buildings at the time of Building Permit at City Council Meeting Minutes May 18, 2021 7 page the rates then in effect Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Preliminary Subdivision (Oakview Center 3rd Addition) to create two lots upon approximately three acres located northwest of Holiday Lane and Courthouse Lane, legally described as Lot 1, Block 1, Oakview Center 2nd Addition, subject to the following conditions: Aye: 5 Nay: 0 (Roll Call) 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on July 1, 2014: Al, B1, B2, B3, B4, C1, C2, C4, E1, F1, and H1. 2. The property shall be platted. 3. Three Category B mitigation trees shall be provided on Lot 1 upon development. 4. All signs are subject to the requirements of the City Sign Code (monument sign is allowed at 12 feet in height). A sign permit shall be required for each sign prior to installation. 5. The brick base of the monument sign shall match the brick on the principal building. 6. A revised Sign Plan shall be provided to reduce the number of building signs. 7. Building identification numbers shall be installed consistent with City Code Section 2.78. 8. All trash and recyclables storage. shall be located within the designated space within the building.. 9. All ground and rooftop mechanical equipment shall be screened consistent with City Code standards and compliance shall be confirmed at the time of Building Permit. 10. Landscaping around the transformer shall be enhanced to provide screening from all directions. 11. A revised Lighting Plan shall be provided with modified fixtures to limit light spill ontothe adjacent property. A maximum light level of 1.0 footcandle at property lines is allowed. 12. If parking is found to be inadequate, then the proof of parking shall be constructed per the approved Site Plan and in a manner acceptable to the City Engineer. 13. 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. 14. This development shall comply with Eagan' s Land Disturbance Stormwater Pollution City Council Meeting Minutes May 18, 2021 8 page Prevention and Post -Construction Stormwater Management Requirements (City Code Section 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). 15. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide and include in the plan set all underground stormwater filtration system details, including that a) an off-line bypass to prevent construction stormwater from entering the filtration chambers and sand filter bed shall be provided until drainage area stabilization, b) solid bottom isolator rows (appropriately sized) are provided at any stormwater inlet point into the underground systems, c) no limestone shall be used below or between the perforated pipes, d) unobstructed physical access via manhole will be provided to any isolator row for inspection and maintenance, e) 10 -inch minimum diameter inspection ports will be provided on all perforated pipe rows. 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 filtration chamber systems, including over excavation, installation of pre-treatment sumps, inlets, outlets, sump skimmer hoods, etc. Shop drawings related to the underground stormwater filtration chamber systems must be provided to the City for review before installation. 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 graphical details and notes on soil protection/restoration 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 sheet quantity tables. 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 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. The applicant shall provide adequately sized pre-treatment structure (e.g. 4 -foot minimum depth sump, 5 -foot minimum diameter, with floatable skimmer hood, energy dissipation, 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. 18. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a longterm 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. City Council Meeting Minutes May 18, 2021 9 page 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 sump(s), infiltration/ filtration chamber galleries, etc.), including soil loosening & amendment prior to landscaping, conform to design and/ or construction plans, as approved by the City. Photos/video of final inspection of clean underground infiltration chamber gallery system and contributing storm sewer shall be provided to the City Engineer. 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. 20. This development shall provide hydrant spacing and. locations in accordance with City Fire Department and Public Works standards.- 21. The new sidewalk along Holiday Lane shall be constructed in a manner acceptable to the City Engineer. 22. The applicant shall restore the street, curb and gutter, and boulevard in a manner acceptable to the City Engineer, for any parking lot or utility connections that extend into p: public right-of-way. .23. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to the issuance of a building permit. 24. Park and Trail dedication will be due for the new buildings 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 Councilmember Fields noted "Happy Public Works Week". Mayor Maguire thanked staff and Councilmembers for their patience getting through virtual meetings . and is looking forward to in-person Council meetings starting in June. CITY ADMINISTRATOR City Administrator Osberg noted on June 1 at 4:30 p.m. the Council will meet in the Training Room at City Hall for the Fire Chief interviews and deliberation, followed by the Listening Session and Council meeting. City Council Meeting Minutes May 18, 2021 10 page PUBLIC WORKS DIRECTOR Public Works Directory Matthys also noted "Happy Public Works Week". Matthys noted the Rig Rig Rally is this Thursday, May 20. VISITORS TO BE HEARD There were no visitors to be heard. ADJOURNMENT Councilmember Hansen moved, Councilmember Supina seconded a motion to adjourn the meeting at 7:25 p.m. Aye: 5 Nay: 0 (Roll Call) Date Mayor Deputy Ci Clerk