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08/16/2022 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota August 16, 2022 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen, and Supina. A regular Eagan City Council meeting was held on Tuesday, August 16, 2022, at 6:30 p.m. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen, and Supina. Also present: City Administrator Miller, Assistant City Administrator Alig, City Attorney Bauer, Community Development Director Hutmacher, City Planner Schultz, Finance Director Feldman, and Public Works Director Matthys. I.ADOPT AGENDA Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 5, Nay: 0. Motion carried. II.RECOGNITIONS AND PRESENTATIONS RECOGNIZE Retirement of Paul Graham, Superintendent of Parks Director Pimental spoke about the contributions of Superintendent Graham in developing the Parks & Recreation team over his 34-year career with the City. Superintendent Graham spoke about his work in the City and the relationships he built with staff. Graham thanked the Mayor & Council for their support of City staff and the Parks & Recreation programs and said he looked forward to seeing the programs continue to grow in the future. The Council thanked Superintendent Graham for his service to the residents of Eagan. III.CONSENT AGENDA Councilmember Fields requested that Item I be pulled for separate action. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the balance of the Consent agenda as presented. Aye: 5, Nay: 0. Motion carried. A.It was recommended to approve the revised minutes of the August 1, 2022 Regular City Council Meeting. B.Personnel Items: 1.It was recommended to approve the hiring of Christine Currie for the position of HR Administrative Assistant. 2.It was recommended to approve the hiring of Dino Blundetto for the position of Street Maintenance Worker. 3.It was recommended to approve the hiring of Joshua Hoadley for the position of Community Service Officer (CSO). 4.It was recommended to authorize the Police Department to hire an additional Community Service Officer (CSO) and approve the hiring of Brooke Hendrickson for the position of CSO. City Council Meeting Minutes August 16, 2022 Page 2 5. It was recommended to approve the hiring of Joseph Hartmann for the position of Sign & Special Event Permit Coordinator. 6. It was recommended to approve the promotion of Anthony Lejcher from Police Officer to Sergeant and authorize replacement. 7. It was recommended to accept the resignation of Stacee Murff, Utilities Maintenance Worker and authorize replacement. 8. It was recommended to accept the resignation of Orayne McEachron, Utilities Maintenance Worker and authorize replacement. 9. It was recommended to authorize replacement of Recreation Supervisor with Recreation Programmer. 10. It was recommended to approve the hiring of the following part-time recurring and seasonal employees: • Luc Corno Building Attendant III • Hannah Cavalli Guest Services ECC • Greta Schliesman Group Fitness Instructor - Sub C. It was recommended to ratify the check registers dated July 29, 2022 and August 5, 2022 as presented. D. It was recommended to approve the following ordinary and customary contracts: 1. Volleyball officiating service agreement with Metro Volleyball Officials Association for period of September 1, 2022 through June 24, 2023. 2. Flag football officiating service agreement with Tom Wollan Sr. Football Officials for the period of August 24, 2022 through October 26, 2022. 3. Basketball officiating service agreement with Trusted Metro Officials for period of September 1, 2022 through June 14, 2023 4. Independent Contractor Agreement with Lynch Basketball Camps for Lynch Little Shooters Basketball Camp at the ECC 5. Event Sponsorship Agreement with Metropolitan Pediatric Dental Associates for sponsorship of the Halloween Trail Walk 6. Independent Contractor Agreement with Minnesota Magic, LLC for Fall Basketball Camps at the ECC 7. Police Liaison Services Agreement Between the City Of Eagan And Independent School District ISD #196 8. Agreement Between Fair & Impartial Policing and the City of Eagan for Training Services and Materials E. Item Pulled From Agenda F. It was recommended to approve the final payment for Contract 21-04, Rahn Park Improvements, in the amount of $46,382.48 to McNamara Contracting and accept the improvements for perpetual City maintenance subject to warranty provisions. G. It was recommended to approve a resolution allowing the City of Eagan to authorize a special deer season in 2022. H. It was recommended to adopt a resolution authorizing the Chief of Police to sign-off as the Signatory for the City of Eagan to approve an agreement with Hennepin Technical College for customized police training in the Pathways to Policing Cadet Program. I. It was recommended to retire Police Canine “Loki” and transfer ownership to Officer Anthony Lejcher for a fee of $1.00. City Council Meeting Minutes August 16, 2022 Page 3 J. It was recommended to approve an Extension of Variance approval to allow a 200-foot encroachment into the 25-foot wetland buffer setback for a building addition at 4895 Dodd Road. K. It was recommended to direct preparation of an ordinance amendment to City Code Chapter 11 regarding adoption of performance standards relating to electric vehicle charging stations. L. It was recommended to receive the Draft Final Assessment Report for Project 1409 (Eagandale Industrial Park- Street Revitalization) and schedule a public hearing to be held on September 20, 2022. M. It was recommended to receive the Update of the Regional Roadway System Visioning Study, adopt a resolution accepting the recommendations and authorize the Mayor and City Clerk to execute said resolution. N. It was recommended to approve Project 1533 (Central Maintenance Facility – Fuel System Upgrade) and authorize the preparation of plans and specifications. O. It was recommended to approve a Request for Proposals for a small area plan for the Delta, Unisys, and Argosy sites in the Central Commons Special Area. P. It was recommended to approve a temporary on-sale liquor license and waive the license fee for the Art Works Eagan event to be held on September 16 & 17, 2022. Q. It was recommended to accept a grant from the Metropolitan Regional Arts Council in the amount of $15,000 for Flexible Support for arts activities in Eagan Parks & Recreation through June 30, 2023. R. It was recommended to authorize staff to advertise for bids to complete an additional women’s locker room in the police department. S. It was recommended to approve the purchase of two Stalker Radar MC360 Speed Trailers. Item Pulled for Separate Action: I. RETIRE Police Canine “Loki” and transfer ownership to Officer Anthony Lejcher for a fee of $1.00. Mayor Maguire explained that the relationship between police officers and police dogs was special and that it was typically the practice for the dogs to live with their assigned officer upon retirement. The Council expressed gratitude for Loki’s service to the Police Department over the years. Councilmember Fields moved, Councilmember Bakken seconded a motion to authorize retirement of Police Canine “Loki” and transfer ownership to Officer Anthony Lejcher for a fee of $1.00. Aye: 5, Nay: 0; motion carried. IV. PUBLIC HEARINGS VARIANCE – Oak Hills Church – Holly Burley, Vanman Architects & Builders – 1570 Century Point Administrator Miller introduced the item and invited City Planner Schultz to provide additional information. City Planner Schultz provided a location map and staff report of the requested variance to allow 37 parking stalls where 52 stalls are required. Schultz noted the applicant is seeking a variance for City Council Meeting Minutes August 16, 2022 Page 4 the minimum number of parking stalls with the proposed change of use from general office to coffee shop and meeting space. The applicant, Holly Burley with Vanman Architects & Builders, was present and addressed the Council. Councilmember Supina inquired what amount of the building will be part of the church and how much open to the public. Mayor Maguire inquired about the operation of the coffee shop. Ms. Burley stated the coffee shop will be privately owned and not operated by the church. A drive through was evaluated but was difficult to incorporate onto the site so longer a consideration. Mayor Maguire inquired about the commercial kitchen. Ms. Burley noted the kitchen may not be built out right away, dependent on budget. The space could be used for storge for the coffee shop. Once the kitchen is built it would be used by the coffee shop or the community for who may need to prepare larger meals. Laurel Hardgrove, 569 Spruce Circle, representing Oak Hills Church, was also present to discuss the application. Ms. Hardgrove spoke about the public engagement that was conducted and the public’s interest in a coffee shop. Councilmember Fields asked about the fees to rent the meeting space. Mrs. Hardgrove stated the fees have not been set but plan to keep the space as affordable as possible. Councilmember Bakken expressed concern of a non-profit bringing in commercial uses and potential property tax implications. City Attorney Bauer stated that the question of property taxes is relevant to the variance since the request is to make the site more commercial. Mayor Maguire called upon Finance Director Feldman. Director Feldman stated he reached out to the County Assessor regarding this matter and noted they would need to review and evaluate the proposed uses of the property, but it would appear to be a taxable operation. Staff is unsure of the class rate of the commercial property taxes, but will follow up with Council. Mayor Maguire inquired of the parking arrangement with the funeral home. Ms. Burley replied that is still a possibility. It’s been a friendly agreement thus far, but a formal agreement would require the funeral homes involvement, which would tie them to the site if the church decided to sell it in the future. Ms. Burley noted the meeting space is largely intended for youth meeting space, many of which are under driving age and would need to be dropped off. She added that the variance appeared to be best option in lieu of involving [property] deeds. City Council Meeting Minutes August 16, 2022 Page 5 Councilmember Fields noted that crossing Yankee Doodle would be difficult, particularly in the winter. She favored a cross parking agreement with the funeral home. Councilmember Supina inquired how parking was calculated, are special events considered. Ms. Burley noted that maximum occupancy is noted which limits use of the space, parking is based on maximum occupancy. Mayor Maguire called for members of the public to comment on the item. Hearing none, the Mayor returned the conversation to Council for additional conversation and motion. Councilmember Bakken stated he would prefer a formal cross parking easement for be established with the funeral home. Mayor Maguire and Councilmember Bakken expressed the proposal was an excellent reuse of the property. The Mayor added he had reservations since the [coffee] vendor would likely have an incentive to maximize business and create a higher parking demand than can be accommodated, even with alternative parking options. Maguire added that alternate parking located across the street [Oak Hills Church] is not a reliable option and customers may go to adjacent properties to park. Councilmember Hansen inquired of City Attorney Bauer the legality of requiring a cross easement. City Attorney Bauer stated this would be up to the applicant to initiate with adjacent property owners. Councilmember Fields stated she would prefer the proposal be considered at the staff level for alternative parking solutions and brought back for reconsideration at a later date. The Mayor suggested an option may involve a cross parking easement with the funeral home. The Mayor stated he may not be comfortable approving the variance without an agreement in place. Councilmember Bakken also stated he would not be comfortable approving the variance without other parking accommodations. Council discussed options to delay action on the item. Mayor Maguire called for a motion to continue the item. Councilmember Fields moved, Councilmember Bakken seconded a motion to continue the Oak Hills Variance discussion to the September 6 City Council meeting. Aye: 5, Nay: 0. Motion carried. VACATION of Public Right of Way – Blue Gentian Road Administrator Miller introduced the item and invited Public Works Director Matthys to provide additional information. Director Matthys provided background on the request, stating the purpose would be to vacate the right of way as it’s no longer needed as a roadway due to realignment. Staff City Council Meeting Minutes August 16, 2022 Page 6 believe vacation of the right of way is justified and that existing easements will allow the City to sufficiently access and maintain utilities in the area. Mayor Maguire called for members of the public wishing to comment on the item. Hearing none, the Mayor returned the conversation to Council for additional conversation and motion. Councilmember Hansen moved, Councilmember Fields seconded a motion to close the public hearing and approve the vacation of a portion of right-of-way for Blue Gentian Road adjacent to the east property line of Lot 1, Block 1, Costco Blue Gentian. Aye:5, Nay: 0. Motion carried. V.OLD BUSINESS INTERIM USE PERMIT – Costco/Steven Cross, Cross Engineering Associates, Inc. – 995 Blue Gentian Road City Administrator Miller introduced the item and invited City Planner Schultz to provide additional information. Schultz referenced that the applicant was amenable to the change in application from a Planned Development Amendment to an IUP and acknowledged the revised conditions. Mayor Maguire called for members of the public to comment on the item. Hearing none, the Mayor returned the conversation to Council for additional conversation and motion. Councilmember Bakken moved, Councilmember Supina seconded a motion to approve a one-year Interim Use Permit to allow outdoor storage of two 8-foot by 16-foot storage containers for used tires on property located at 995 Blue Gentian Road, subject to the revised conditions listed in the staff report. Aye: 5, Nay: 0. Motion carried. Subject to the following conditions: 1.An Interim Use Permit shall be recorded at the Dakota County Recorder’s Office with the following exhibit: • Site Plan 2.The Interim Use Permit shall have a one-year term, expiring August 16, 2023. 3.Only tires may be located within the containers, and the storage containers shall be kept closed and locked when not actively in use. The storage containers shall be removed from the property when not needed for overflow storage that cannot safely be maintained inside the building. 4.The storage area shall be kept in a neat and orderly manner, tires shall not be kept outside of the containers at any time. City Council Meeting Minutes August 16, 2022 Page 7 VI. NEW BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, PRELIMINARY PLANNED DEVELOPMENT, PRELIMINARY SUBDIVISION – Jeremy Larson, Hampton Companies – 1930 Diffley Road City Administrator Miller introduced the item and invited City Planner Schultz to provide additional information. City Planner Schultz provided background information on the proposal. The applicant intends to develop the western one-third of the property with a 32-unit memory care and assisted living facility. Planner Schultz noted although the applicant did not formal request a deviation to the building material standards, it is a similar request that was recently approved for another skilled nursing facility. The applicant, Jeremy Larson, was present on behalf of Hampton Companies and addressed the Council. The Mayor inquired of the building material standards in comparison to the other request. Planner Schultz noted that the requests were similar. Mayor Maguire inquired of the applicant of the tree screening plans for the project. The applicant responded that standards would be met or exceeded. The trees on the southwest corner would be preserved and one or two may need to be removed on the south side. Councilmember Hansen inquired of the applicant use of 9-foot parking stalls despite the City’s 10-foot standard width. The applicant responded there was not a significant reason and that they would be open to removing stalls to allow the parking to meet width standards. Mayor Maguire called for members of the public wishing to comment on the item. Hearing none, he returned the discussion to Council for additional conversation and motion. Councilmember Supina moved, Councilmember Bakken seconded a motion to implement a Comprehensive Guide Plan Amendment to change the land use designation from Quasi Public (QP) to Office/Service (O/S) upon approximately three acres located at 1930 Diffley Road, legally described as Lot 1, Block 1, Christ Lutheran (to be replaced as Lot 1, Block 1, Suite Living of Eagan). Aye: 5, Nay: 0. Motion carried. Councilmember Supina moved, Councilmember Bakken seconded a motion to approve a Rezoning from PF, Public Facility, to PD, Planned Development upon approximately three acres located at 1930 Diffley Road, legally described as Lot 1, Block 1, Christ Lutheran (to be replaced as Lot 1, Block 1, Suite Living of Eagan). Aye: 5, Nay: 0. Motion carried. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Preliminary Planned Development to allow a 32-unit assisted living and memory care facility upon approximately three acres located at 1930 Diffley Road, legally described as Lot 1, Block 1, Christ Lutheran (to be replaced as Lot 1, Block 1, Suite Living of Eagan), subject to the conditions listed in the APC Minutes as well as the modification from 9-foot to 10-foot stalls. Aye: 5, Nay: 0. Motion carried. City Council Meeting Minutes August 16, 2022 Page 8 Subject to the following conditions: 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 Elevations • Preliminary Landscape Plan • Preliminary Rooftop Screening 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 Rooftop Screening • 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 Site Plan shall be revised to include standard site information such as, but not limited to parking, lot size, zoning, green space, building coverage, structure height, etc. and operational notes shall be removed. 6. The building exterior shall conform 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 Class III materials. 7. Revised building elevation plans with building material percentages broken out per class, shall be provided with the Final Planned Development. 8. The trash enclosure shall be designed consistent with City Code standards in compliance with City Code Section 11.70 Subd. 21.D.7. 9. All signage shall be subject to compliance with the City Sign Code standards, and a Sign Permit shall be obtained prior to installation of any signs. 10. Site lighting shall be provided in conformance with City Code standards. Fixtures shall be downcast and shielded so the source of light is not 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. 11. 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. 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. 13. All personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received City Council Meeting Minutes August 16, 2022 Page 9 14. Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 15. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 16. 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 land disturbance requirements, and Runoff Rate Control and 1.1-inch Volume Control of effective retention of the site’s impervious surface area (including effective soil remediation for all of the site’s disturbed soils that are to be revegetated). 17. 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 10 feet below the bottom of the proposed infiltration excavation with continuous sampling, to evaluate and ensure suitability for infiltration of stormwater, including, but not limited to, depth to saturated soils and P200 analysis if SM soils are encountered below the excavation extent. A minimum of 2 soil borings must be provided within the footprint of the proposed Lot 1 stormwater infiltration basin. A minimum of 2 soil borings must be provided within the footprint of the proposed Lot 2 stormwater infiltration basin. 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. 18. The applicant shall provide adequately sized pre-treatment structures (e.g. 4-foot minimum depth sump, 5-foot minimum diameter, with floatable skimmer hood) at, or immediately upstream of, any stormwater infiltration/filtration 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 for sump structures and E236 for surface inlets. 19. Prior to receiving city approval to permit land disturbing activity, the applicant shall revise and clarify plans to include enhanced stormwater filtration system details (e.g. Iron-Enhanced Sand Filter) for City review/acceptance by the City Engineer and include in construction plans, including detailed construction cross-sections and notes to include under-drain details (e.g. cleanouts/vents), effective erosion-control protections at toe and top of side-slopes during all stages of construction, iron-sand mix specification/composition/source and estimate mix volume needed based on accepted calculations for majority capture of dissolved phosphorus and minimum of 25-year service life, filtration basin surface covering, etc. for contractor to successfully construct and protect. Basin bottom with exposed iron-sand shall not be planted, but remainder of basin bottom shall be live-planted with appropriate species at 18-inch on- center spacing with biodegradable netting erosion-control blanket, and seeded side-slopes with erosion-control blanket with biodegradable netting. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Grading Plan, Utility Plan, etc.). Pertinent plan sheets shall also include notes for coordinating City Water Resources Staff inspection of Iron-Sand Filtration during critical construction steps of over-excavation, under-drain installation and soil-media backfilling. City Council Meeting Minutes August 16, 2022 Page 10 20. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide construction details of any proposed infiltration basin following MPCA Minnesota Stormwater Manual Standards & City Engineering Standards for Infiltration/Filtration 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 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 basin, including installation of all inlets and outlets, including contact email and phone number for City Water Resources Staff. 21. 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 double the design rate (2x safety factor) or greater (but less than 8.0-inch per hour). If the sub-soil infiltration rates are less than 2x the design rate (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 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. 22. 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- City Council Meeting Minutes August 16, 2022 Page 11 hours advance notice to City Water Resources staff prior to implementation of soil loosening and amendment. 23. 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. 24. 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 (sumps, infiltration basin, enhanced filtration basin, 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. 25. The removal plan shall be revised to reflect tree removals for the southern drainage basin, and replacement trees shall be included on the landscaping plan in a manner acceptable to the City Engineer. 26. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards, including the existing church. 27. The applicant shall enter into a private utility agreement with the church for the ownership and maintenance of the private sanitary sewer line and any watermain that serves both properties. 28. If bituminous curb and gutter is used for the perimeter of the existing church parking lot, the site will be 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 material is determined to be inadequate, the City will require that it be replaced with concrete curb and gutter. 28. The applicant shall provide proof of ingress and egress easements and/or shared parking agreements in a form acceptable to the City Attorney. 29. The sidewalk connection to the public trail along Diffley Road shall be constructed per the approved Site Plan. 30. Rooftop mechanical equipment shall be screened around each unit comprised of building materials similar to the principal structure. 31. Any ground mounted mechanical equipment shall be screened by a fence or wall, and/or opaque landscaping. 32. A performance guarantee shall be required for the preservation of trees within 15 feet of the construction zone. The performance guarantee is to be collected prior to the issuance of any land disturbance permit. 33. The applicant shall ensure the survival of preserved trees via protection of the tree’s critical root zones through the placement of required Tree Protective measures (i.e., orange colored silt fence or four-foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater. City Council Meeting Minutes August 16, 2022 Page 12 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.The applicant shall work with Forestry staff to provide corrected Tree Inventory and Preservation Plans that remove the inconsistencies between the two plans. 36.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. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Preliminary Subdivision (Suite Living of Eagan) to create two lots upon approximately nine acres located at 1930 Diffley Road, legally described as Lot 1, Block 1, Christ Lutheran, subject to the conditions listed in the APC minutes and the changes included in the previous Council action on the Preliminary Planned Development. Aye: 5, Nay: 0. Motion carried. Subject to the following conditions: 1.The developer shall comply with these standards conditions of plat approval as adopted by Council on July 1, 2014: B1, B2, B4, C1, C2, C4, E1, G1 and H1. 2.The property shall be platted. 3.The following plans shall be revised and submitted prior to Final Subdivision approval: •Site Plan: •Building Elevations •Landscape Plan •Rooftop Screening •Site Lighting Plan •Signage Plan 4.The Site Plan shall be revised to include standard site information such as, but not limited to parking, lot size, zoning, green space, building coverage, structure height, etc. and operational notes shall be removed. 5.The building exterior shall conform with City Code standards which require at0 least two Class I materials comprising at least 65 percent of the building and no more than 35 percent Class II and Class III materials. 6.Revised building elevation plans with building material percentages broken out per class, shall be provided with the Final Planned Development. 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 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 not 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. 10.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. City Council Meeting Minutes August 16, 2022 Page 13 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. 12. 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. 13. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 14. 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 land disturbance requirements, and Runoff Rate Control and 1.1-inch Volume Control of effective retention of the site’s 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 to the City with soil borings equally spaced within the footprint of any proposed infiltration feature, extending a minimum of 10 feet below the bottom of the proposed infiltration excavation with continuous sampling, to evaluate and ensure suitability for infiltration of stormwater, including, but not limited to, depth to saturated soils and P200 analysis if SM soils are encountered below the excavation extent. A minimum of 2 soil borings must be provided within the footprint of the proposed Lot 1 stormwater infiltration basin. A minimum of 2 soil borings must be provided within the footprint of the proposed Lot 2 stormwater infiltration basin. 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. 16. The applicant shall provide adequately sized pre-treatment structures (e.g. 4-foot minimum depth sump, 5-foot minimum diameter, with floatable skimmer hood) at, or immediately upstream of, any stormwater infiltration/filtration 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 for sump structures and E236 for surface inlets. 17. Prior to receiving city approval to permit land disturbing activity, the applicant shall revise and clarify plans to include enhanced stormwater filtration system details (e.g. Iron-Enhanced Sand Filter) for City review/acceptance by the City Engineer and include in construction plans, including detailed construction cross-sections and notes to include under-drain details (e.g. cleanouts/vents), effective erosion-control protections at toe and top of side-slopes during all stages of construction, iron-sand mix specification/composition/source and estimate mix volume needed based on accepted calculations for majority capture of dissolved phosphorus and minimum of 25-year service life, filtration basin surface covering, etc. for contractor to City Council Meeting Minutes August 16, 2022 Page 14 successfully construct and protect. Basin bottom with exposed iron-sand shall not be planted, but remainder of basin bottom shall be live-planted with appropriate species at 18-inch on- center spacing with biodegradable netting erosion-control blanket, and seeded side-slopes with erosion-control blanket with biodegradable netting. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Grading Plan, Utility Plan, etc.). Pertinent plan sheets shall also include notes for coordinating City Water Resources Staff inspection of Iron-Sand Filtration during critical construction steps of over-excavation, under-drain installation and soil-media backfilling. 18. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide construction details of any proposed infiltration basin following MPCA Minnesota Stormwater Manual Standards & City Engineering Standards for Infiltration/Filtration 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 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 basin, including installation of all inlets and outlets, including contact email and phone number for City Water Resources Staff. 19. 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 double the design rate (2x safety factor) or greater (but less than 8.0-inch per hour). If the sub-soil infiltration rates are less than 2x the design rate (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 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. 20. 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. City Council Meeting Minutes August 16, 2022 Page 15 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. 21.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. 22.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 (sumps, infiltration basin, enhanced filtration basin, 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. 23.The removal plan shall be revised to reflect tree removals for the southern drainage basin, and replacement trees shall be included on the landscaping plan in a manner acceptable to the City Engineer. 24.This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards, including the existing church. 25.The applicant shall enter into a private utility agreement with the church for the ownership and maintenance of the private sanitary sewer line and any watermain that serves both properties. 26.B. If bituminous curb and gutter is used for the perimeter of the existing church parking lot, the site will be 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 material is determined to be inadequate, the City will require that it be replaced with concrete curb and gutter. 27.The applicant shall provide proof of ingress and egress easements and/or shared parking agreements in a form acceptable to the City Attorney. 28.The sidewalk connection to the public trail along Diffley Road shall be constructed per the approved Site Plan. 29.Rooftop mechanical equipment shall be screened around each unit comprised of building materials similar to the principal structure. 30.Any ground mounted mechanical equipment shall be screened by a fence or wall, and/or opaque landscaping. City Council Meeting Minutes August 16, 2022 Page 16 31.A performance guarantee shall be required for the preservation of trees within 15 feet of the construction zone. The performance guarantee is to be collected prior to the issuance of any land disturbance permit. 32.The applicant shall ensure the survival of preserved trees via protection of the tree’s critical root zones through the placement of required Tree Protective measures (i.e., orange colored silt fence or four-foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater. 33.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. 34.The applicant shall work with Forestry staff to provide corrected Tree Inventory and Preservation Plans that remove the inconsistencies between the two plans. 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. VII.LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. VIII.ECONOMIC DEVELOPMENT AUTHORITY There were no EDA items. IX.ADMINISTRATIVE AGENDA There were no items for the Administrative Agenda. X.VISITORS TO BE HEARD There were no visitors to be heard. XI.ADJOURNMENT Councilmember Hansen moved, Councilmember Bakken seconded a motion to adjourn. Aye: 5, Nay: 0. Motion carried. The meeting was adjourned at 8:13 p.m. ______________________ Date ______________________ Mayor ______________________ City Clerk October 4, 2022