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01/04/2022 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota January 4, 2022 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Bakken, Hansen, and Supina. A regular Eagan City Council meeting was held on Tuesday, January 4, 2022, at 6:30 p.m. Present were Mayor Maguire, Councilmembers Fields, Bakken, Hansen, and Supina. Also present: City Administrator Osberg, Assistant City Administrator Miller, City Attorney Bauer, City Planner Schultz, and Community Development Director Hutmacher. I. ADOPT AGENDA Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda. Aye: 5, Nay: 0. Motion carried. II. RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. III.CONSENT AGENDA Councilmember Bakken moved, Councilmember Supina seconded a motion to approve the consent agenda as presented. Aye: 5, Nay: 0. Motion carried. A. It was recommended to approve the amended December 7, 2021 Regular City Council Minutes and the December 21, 2021 Regular City Council minutes as presented or modified. B. Personnel Items: 1. It was recommended to approve the hiring of Colin Soderstrom for the position of Web Developer. 2. It was recommended to approve the hiring for the position of Firefighter, to be named at a future City Council meeting. 3. It was recommended to authorize an update to the City's Emergency Management Plan to reflect new Center for Disease Control (CDC) guidance. C. It was recommended to ratify the check registered dated December 17, 2021, and December 24, 2021, as presented. D. It was recommended to approve the following ordinary and customary contracts: 1 Agreement with AVI Systems for EditShare support 2. Agreement with VelocityEHS for online Material Safety Data Sheets E. It was recommended to approve the Municipal Legislative Commission (MLC) Joint Cooperative Agreement. City Council Meeting Minutes January 4, 2022 Page 2 F. It was recommended to accept the following donations: 1. Eagan Citizens Crime Prevention Association- $2000 for the Shop with a Cop program 2. Minnesota Energy Resources- $2000 for the purchase of a drone charger G. It was recommended to adopt a resolution accepting a grant from the Minnesota DNR No Child Left Inside Program. H. It was recommended to approve plans & specifications for Contract 22-06, Project 1298, NE Eagan Sanitary Sewer Upsize, and Schedule Bid Opening. I. It was recommended to approve Cooperative Construction Agreement with MN Department of Transportation and Dakota County Transportation Department, TH 13/Lone Oak Road (CSAH 26) Signal Improvements (Project 1432). J. It was recommended to approve the 2022 Fee Schedule for General Municipal Services & Materials Testing Services. K. It was recommended to approve a request to waive permit and rental fees for Eagan Art Festival. L. It was recommended to approve the easement vacation, final planned development, and final plat for Boulder Lakes- 5t" Addition. M. It was recommended to authorize the submittal of fiscal year 2022 Community Development Block Grant (CDBG) Application and adopt a Resolution approving the funding request. IV. PUBLIC HEARINGS VARIANCE- 1370 CRESTRIDGE LANE- JAMES MCEVOY City Administrator Osberg introduced the item and invited City Planner Schultz to present more information. City Planner Schultz stated this request is for two variances to rebuild a garage, as well as a request related to a platting requirement. City Planner Schultz stated the property owner sustained fire damage to an existing garage on in September of last year. Schultz noted the destroyed garage was non- conforming in addition to having no record of a building permit. Upon review of the building permit staff determined several Code deviations including total area of accessory structures exceeding the principal structure and that allowed for a detached garage. The variances requested would allow placement of the garage within the front yard of the property and to exceed the maximum allowed for a detached garage when an attached garage is present. Schultz noted the applicant reduced the size of the garage to 780 square feet and will remove an existing shed. City Planner Schultz also noted the property is not platted and City Code is silent regarding platting for the reconstruction of non -conforming structures. Staff is asking Council to weigh in on whether the property should be platted for issuance of a building permit. City Council Meeting Minutes January 4, 2022 Page 3 Mayor Maguire asked staff the purpose of platting and public benefit. City Planner Schultz stated that the property has had a structure on it since 1960, and although there are no public easements on the property, platting may not serve a public benefit. City Attorney Bauer stated this is a housekeeping matter for Council. He added that during subdivision the City can request extractions at that time. The City policy has been building permits can be issued for interior remodels and [minor] additions to non- conforming structures without requiring platting. However, for new construction staff has required platting. Director of Community Development Hutmacher clarified the current policy is platting would be required when square footage is added but would not for remodels. She added this is an unusual situation as the owner wasn't aware the garage did not have a building permit. Mayor Maguire opened the public hearing. There being no public comment, the Mayor closed the public hearing turned the discussion back to Council. The Council discussed the merits of adding a condition regarding termination of the variance in relation to platting. City Attorney Bauer explained once the variance is approved it cannot be rescinded. Council agreed the condition isn't warranted. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a variance to allow n detached accessory structure to be constructed in the front yard of an R-1 zoned property; and a variance to allow a 780 square foot detached garage where a 576 square foot maximum is allowed when an attached garage is present. All approved variances shall be subject to the conditions listed in the staff report. Aye: 5, Nay: 0. Motion carried. Mayor Maguire asked Councilmembers for consensus that the motion would not include a requirement to plat of the property. There was agreement on this item. 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. A Building Permit shall be required prior to construction of the detached garage. 3. The applicant agrees. to remove the 246 square foot shed located northeast of the home prior to final inspection of the proposed garage. City Council Meeting Minutes January 4, 2022 Page 4 4. The proposed garage will meet all other Zoning Code provisions, including Section 11.40, Subdivision 5: Accessory buildings, structures and uses. V. OLD BUSINESS There were no old business items. VI. NEW BUSINESS REZONING and PRELIMINARY PLANNED DEVELOPMENT — DigniCare — Dignicare of Eagan/Brian Winges City Administrator Oberg introduced the item noting the applicant is proposing a rezoning from A, Agriculture to PD, Planned Development and a Planned Development for one-story, 32-unit assisted Living and memory care facility for the property located 3305 and 3325 Lexington Avenue. Mr. Osberg invited City Planner Schultz to provide additional information. City Planner Schultz gave a staff report and provided a site map. Brian Winges, applicant, was present for questions. Mayor Maguire called for comments from the public. Hearing none, the Mayor returned the conversation to Council for additional questions and motion. Councilmember Supina asked how the adjacent townhomes would be notified of the project, specifically regarding the proposed grading on the townhome property. The applicant stated an agreement is being drafted and would be reviewed by the City Attorney. City Attorney Bauer stated that the scope of review would determine whether the existing easement is enough to encompass the grading being done. Once executed, the agreement would become a matter between the property owners. Councilmember Supina inquired of the building materials on the southwest quadrant of the building. Mr. Winges indicated he would need to confirm with his architect but would be addressed with the Final Planned Development. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a rezoning from Agricultural to Planned Development to allow a memory care and assisted living facility upon approximately 2.27 acres located at 3305 and 3325 Lexington Avenue. Aye: 5, Nay: 0. Motion carried. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a preliminary planned development amendment to allow a 32-unit memory care and assisted living facility upon property located at 3305 and 3325 Lexington Avenue, subject to the conditions listed in the APC minutes. Aye: 5, Nay: 0. Motion carried. City Council Meeting Minutes January 4, 2022 Page 5 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 Elevations • Preliminary Landscape Plan • Preliminary Site Lighting Plan • Preliminary Signage 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 approved Preliminary Planned Development: • Final Site Plan • Final Building Elevations • Final Landscape Plan • Final Site Lighting Plan • Final Signage Plan 3. The Planned Development shall have a term of three (3) years. 4. This Preliminary Planned Development approves a one-story assisted living and memory care facility with 32 units. 5. The applicant shall manage events that draw visitors to the site in a manner that avoids an overflow of parking. 6. The building exterior shall be in conformance with City Code standards which require at least two Class I materials comprising at least 65 percent of the building and no more than 35 percent Class II and III materials. 7. The trash enclosure shall be designed consistent with City Code standards in compliance with City Code Section 11.70 Subd. 21.D.7. 8. All signage shall be subject to compliance with the City Sign Code City Code standards, and a Sign Permit shall be obtained prior to installation of any signs. 9. Site lighting shall be provided in conformance with City Code standards. Fixtures shall be. downcast and shielded so the source of light is no visible from off the property, illumination throughout the parking lot should be not less than 0.5 footcandles and shall not exceed 1.0 footcandle at the property line. City Council Meeting Minutes January 4, 2022 Page 6 10. The applicant shall obtain a temporary construction easement or agreement with the neighboring property owners for any off -site grading, in a form acceptable to the City Attorney. 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. 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-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). 13. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide to the City with soil borings equally spaced within the footprint of any proposed infiltration feature, extending a minimum of ten feet below the bottom of the proposed infiltration excavation with continuous sampling, to evaluate and ensure suitability for infiltration, including depth to saturated soils and P200 analysis if SM soils are encountered below the excavation extent. A minimum of two (2) soil borings must be provided within the footprint of the underground infiltration chamber system. A minimum of one (1) soil boring must be provided within each 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 water quality equivalent of 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 construction details of the proposed infiltration basin following MPCA 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 infiltration basin cross - sections, construction/protection/inspection notes, infrastructure components involved, sub -soil testing/loosening, soil media specifics, and planting/stabilization specifics, to ensure infiltration practices are properly designed, constructed, planted, and adequately protected during / after construction to prevent clogging, and able to be properly maintained to function City Council Meeting Minutes January 4, 2022 Page 7 as intended. Infrastructure details shall be included for stable inlets, outlets and emergency overflows and unobstructed access for inspections and maintenance of inlets/outlets. Details for basin soil requirements shall include sub -soil infiltration testing for the infiltration basins following City/MPCA guidelines, sub- soil ripping of 18-inch depth minimum x 18-inch maximum spacing at over - excavation prior to soil amendment backfilling, and appropriate soil amendment criteria. Details for planting and stabilization requirements shall include live planting at 18-inch on -center spacing of all basin bottom area, seeded or live - planted side -slopes, and permanent erosion -control details for basin bottom and side -slopes, etc. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Grading Plan, Utility Plan, Details, 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 basins, including installation of all inlets and outlets, including contact email and phone number for City Water Resources Staff. 15. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide and include in the plan set all underground stormwater infiltration system details, including that a) an off-line bypass to prevent construction stormwater from entering the infiltration chambers shall be provided until drainage area stabilization, b) solid bottom isolator row (appropriately sized) is provided at any stormwater inlet point into the underground systems, c) no limestone shall be used below or between the infiltration chambers, d) unobstructed physical access via manhole will be provided to either end of the isolator row for inspection and maintenance, e) 10-inch minimum diameter inspection ports will be provided on all infiltration chamber 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 infiltration basins and underground infiltration chamber system, including over -excavation, installation of pre-treatment structures, inlets, outlets, sump skimmer hoods, etc. Shop drawings related to the underground stormwater infiltration chamber system must be provided to the City for review before installation. 16. During infiltration system over-excavation/sub-soil work, the applicant shall ensure. that a Certified Soil Scientist will be present to verify and document that practice area sub -soils are suitable for a saturated -state infiltration rate of no less than 0.4-inches per hour (based on 0.2-inch per hour design rate with safety factor) or greater (but less than 8.0-inch per hour). If the sub -soil infiltration rates are less than 0.4-inches per hour (or greater than 8.0-inch per hour), the applicant shall immediately notify the City Engineer and revise the volume control practice(s) design and construction as necessary (e.g. over-excavation/soil- amendment depth, etc.) to ensure volume control requirements are fully met. Verification of sub -soil infiltration testing rates shall be provided immediately to the City of Eagan on the day of infiltration testing. The applicant shall ensure that City Council Meeting Minutes January 4, 2022 Page 8 the City Water Resources staff is provided 24-hour advance notice of the occurrence of infiltration verifications and also provided notice prior to any excavation and/or soil backfilling within the infiltration practices, to arrange for inspections. 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 underground stormwater infiltration 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 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. 19. 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. 20. 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, infiltration basins, underground infiltration chamber gallery, 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 City Council Meeting Minutes January 4, 2022 Page 9 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. 21. The street, curb and gutter, trail, and boulevard shall be restored in a manner acceptable to the City Engineer. 22. The applicant shall acquire a separate right-of-way permit for any work within the Northwood Parkway right-of-way, and a traffic control plan and detour route shall be prepared in a manner acceptable to the City Engineer. 23. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 24. All wells and septic systems shall be abandoned according to Dakota County standards. 25. The applicant shall enter into an encroachment agreement to allow retaining walls in a public easement, in a form acceptable to the City Attorney. 26. The applicant shall provide a contractor parking and staging plan prior in a manner acceptable to the City Engineer, prior to approval of any land disturbing activities. 27. The adjacent pedestrian trails shall remain open at all times with the exception of a short period of time where the watermain connection is being made, which will be addressed in the right-of-way permit. 28. All construction and/or silt fence shall be installed on the back side of the trail and no closer than two feet from the edge of the trail. Between November 1 and April 1, all fencing shall be located at least five feet from the back side of the trail. 29. For the Final Planned Development, the applicant shall provide a separate Landscape Plan (trees, shrubs, and other plantings), Tree Mitigation Plan (in addition to landscaping), and a combined Overall Planting Plan (showing both mitigation and landscape plant materials). 30.All planting plans shall label all plants materials by type and quantity on the graphic portion of the plan in addition to the landscape legend. 31. The applicant shall revise the tree inventory to include significant trees as defined by ordinance (Section 11.30), and to include all significant trees within 15 feet of the construction grade limits (off site). City Council Meeting Minutes January 4, 2022 Page 10 32. The applicant shall submit a separate Tree Mitigation Plan that shows fulfillment of the mitigation requirement for staff review and approval prior to Final Planned Development. Mitigation can be in the form of trees installed, cash dedication, or a combination of both. If there is not sufficient tree planting space on site, a cash dedication will be applied to the balance of tree mitigation. The 2022 fee schedule sets a cash dedication amount of $200 per caliper inch. 33. The applicant shall work with forestry staff to ensure the survival of preserved off - site trees via: a. a Performance Guarantee at a rate of $25.00 per caliper inch of all trees within 15 feet of the construction grade limits; and b. through the protection of 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. 34. The applicant shall contact the City Forestry Division and set up a pre - construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 35. This development is subject to cash park and trail dedication due with the building permit. The 2022 rate for park dedication is $1,057 per 1,000 square feet of building area, and $1,451 per net acre for trail dedication. PLANNED DEVELOMENT AMENDMENT— Trinity School Sign — Robert Brickweg/Trinity School City Administrator Osberg introduced the item noting the request is for a Planned Development Amendment allowing a 12-foot 6-inch pylon sign with dynamic display located at 601 River Ridge Parkway. Mr. Osberg invited City Planner Schultz to provide more information and a site map. City Planner Schultz provided a staff report and a map of the area. Schultz noted a Planning Commission concern regarding impacts to residents north of 1-494. Staff noted Planning Commission did recommend approval. Schultz noted the condition prohibiting operation between 10:00 pm and 6:00 am, adding staff did not foresee impacts to residents. The applicant, Bob Brickweg, was present for questions. Councilmember Bakken asked if the dynamic sign would be visible from 1-494. Mr. Brickweg noted the sign would be visible from the interstate, adding that the school currently utilizes banners to indicate open houses. Mr. Brickweg also noted the sign would capture passing traffic. City Council Meeting Minutes January 4, 2022 Page 11 City Planner Schultz clarified no special exceptions regarding use of the dynamic sign and limited to 9-inch letters based on the 35 mph speed limits on Ames Crossing and O'Neil Drive. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to allow a 12-foot 6-inch pylon sign with installation of a dynamic LED panel on an existing sign located at 601 River Ridge Parkway, subject to the conditions listed in the APC (Advisory Planning Commission) minutes. Aye: 5, Nay: 0. Motion carried. 1. An Amendment to the Final Planned Development Agreement shall be executed, in a form acceptable to the City Attorney, and recorded against the property within 90 days of City Council approval. The Agreement shall include the following exhibits: • Site Plan • Sign Plan • Elevations 2. An administrative Sign Permit shall be obtained from the City prior to installation of any new signs, or changes to existing signs. 3. A commercial Building Permit shall be obtained for installation of the dynamic/pylon sign. 4. The dynamic display shall comply with the performance standards outlined in City Code. 5. Operation of the dynamic display sign shall be from 6:00 a.m. to 10:00 p.m. The dynamic display will be turned off outside of those hours. 6. The size of both the pylon sign and the dynamic display portion shall not exceed the dimensions as indicated on the sign exhibit dated October 26, 2021. 7. The pylon sign shall be located as indicated on the Site Plan dated October 26, 2021. 8. The Applicant shall restore all damaged turf grass around the sign after construction no later than 30 days after completion. VII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE There were no Legislative/Intergovernmental affairs items. City Council Meeting Minutes January 4, 2022 Page 12 VIII.ECONOMIC DEVELOPMENT AUTHORITY There were no EDA items. ._ - . . '11 There were no items for the Administrative Agenda. X. VISITORS TO BE HEARD There were no visitors to be heard. XI. ADJOURNMENT Councilmember Supina moved, Councilmember Fields seconded a motion to adjourn. Aye: 5, Nay: 0. Motion carried. The meeting was adjourned at 7:24 p.m.