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07/02/2013 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JULY 2, 2013 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields and Hansen. Councilmember Tilley arrived at 6:25 p.m. A regular meeting of the Eagan City Council was held on Tuesday, July 2, 2013 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen, and Tilley. Also present were City Administrator Osberg, Director of Community Development Hohenstein, Director of Public Works Matthys, City Planner Ridley, Director of Parks and Recreation Johnson, IT Manager Cook, Communications Coordinator Foote, Police Chief McDonald and Executive Assistant Stevenson. AGENDA Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION Police Chief McDonald recognized Police Officer Pat Hogan for his 20 years of service for the City of Eagan and presented him with a plaque. Director of Parks and Recreation Johnson along with Cascade Bay mascot Captain C. Breeze presented the City Council with a plaque recognizing Cascade Bay Water Park as WCCO's "Best of Minnesota - Water Park ". Eagan Funfest Volunteer Ken Koch introduced the Eagan Ambassadors who each gave a brief summary of the July 4t" Funfest activities. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent Agenda as amended: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of June 4 and 11, 2013. B. Personnel Items 1. It was recommended to change the vacation maximum accrual for part time employees. 2. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation, Forestry & Utilities. C. It was recommended to approve check registers dated May 24, May 31, June 7, June 14, and June 21, 2013. D. It was recommended to approve a Resolution accepting a $600.00 donation from the Eagan Rotary Club. E. It was recommended to cancel the July 9, 2013, Special City Council Meeting. F. It was recommended to approve AccessEagan non - exclusive Access and Use Agreement with Arvig Enterprises. G. It was recommended to award Contract to MP Nexlevel LLC for the Extension of City Council Meeting Minutes July 2, 2013 2 page AccessEagan Fiber into the Cedar Grove Redevelopment area, accept base bid and Alternate 2 and Authorize the Mayor and City Clerk to execute all related documents. H. It was recommended to approve the Final Plat for Meadowview Industrial Park. I. It was recommended to approve the Final Plat approval of Lemay Lake Family Townhomes. J. It was recommended to approve Plans and Specifications for City Contract 13 -07 (2013 City - Wide Trail Improvements) and Authorize Ad for Bids August 1, 2013. K. It was recommended to approve Change Order No. 1, City Contract No. 13 -11, 2013 Citywide Storm Water Quality Improvements. L. It was recommended to approve Change Order No. 2, City Contract No. 13 -11, 2013 Citywide Storm Water Quality Improvements. M. It was recommended to award City Contract No. 13 -16 ((Inflow & Infiltration Mitigation Improvements). N. It was recommended to award City Contract No. 13 -17 (Citywide Sanitary Sewer Improvements). O. It was recommended to approve a Cost Share, Operation and Maintenance Agreement (Easter by the Lake Church Shoreland Project) with Easter Lutheran Church. P. It was recommended to approve a Resolution to accept a donation of equipment from the Eagan Hockey Association. Q. It was recommended to award City Contract No. 13 -19 (Project 1129 - Carlson Lake Sanitary Lift Station Rehabilitation). PUBLIC HEARINGS There are no public hearings to be heard. OLD BUSINESS ORDINANCE AMENDMENT TO CHAPTER 10, SECTION 10.01, RELATIVE TO STORAGE, DEPOSIT AND DISPOSAL OF REFUSE City Administrator Osberg introduced the item noting the Council was made aware of an issue regarding refuse /recycling container storage at a Listening Session earlier this year and directed the Public Works Committee to review the matter. The Public Works Committee considered the matter in February of this year and is recommending an ordinance amendment. City Planner Ridley gave a staff report. Mayor Maguire asked if anyone in the audience would like to comment on the ordinance amendment. There being no public comment, he turned discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an Ordinance Amendment to Chapter 10, Section 10.01, relative to Storage, Deposit and Disposal of Refuse and direct the City Attorney to publish the ordinance amendment /summary. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT —SHAW INDUSTRIES City Administrator Osberg introduced the item noting the Council is being asked to consider a conditional use permit to allow outside storage of 21 tractor trailers and 8 semi - tractors for City Council Meeting Minutes July 2, 2013 3 page property at 1090 Gemini Road. The subject property was built in 1987 and consists of 47,800 sq. ft. office warehouse building. City Planner Ridley gave a staff report. The applicant was available for questions. The Council discussed the amendment. Mayor Maguire asked if anyone in the audience would like to comment on the conditional use permit. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Conditional Use Permit to allow outside storage of 21 tractor trailers and 8 semi - tractors for property at 1090 Gemini Road, subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. This Conditional Use Permit shall replace any and all former Conditional Use Permits for the property. 3. The applicant shall submit a revised Site Plan identifying the 21 tractor trailers and 8 semi - tractors on the site as depicted on the Site Plan submitted June 7, 2013 and additionally located within the loading dock areas. 4. If the city determines that the site is deficient in parking, the applicant's outside storage area shall be restriped to accommodate the additional stalls. The applicant must submit an application to amend the CUP to adjust the number of trailers and tractors that can be stored as a result of the conversion of the area to parking. 5. The applicant shall submit a Landscape Plan for city staff review and approval that incorporates coniferous trees to screen the outdoor storage from Lexington Avenue right -of -way. 6. The outdoor storage is limited to 21 tractor trailers and 8 semi - tractors located in the parking lot on the southeast side of the building. 7. The applicant shall apply for and obtain a grading /excavation permit from the City prior to the construction of the proposed parking lot expansion /outdoor storage area. Detailed plans for this grading work must be prepared and signed by a registered professional engineer. 8. The applicant shall fully meet Eagan's Post Construction Requirements (City Code §433) for stormwater management (i.e. pollutant, rate, and volume control) and surface water quality. 9. Prior to receiving a grading permit, the applicant shall provide the City with water - quality modeling (comparison summary & inputs) to demonstrate no- net - increase of annual TP & TSS loading over existing conditions. 10. Prior to receiving a grading permit, the applicant shall provide the City with hydrologic modeling (comparison summary & inputs) to demonstrate no- net - increase of runoff rates (2yr, 10yr, 100yr, 24 -hr) over pre - development conditions. 11. Prior to receiving a grading permit, the applicant shall provide the City with soil- boring log(s) (extending 15' min. below bottom of over - excavation) within the location of the proposed biofiltration stormwater management feature, if drainage area will not be industrial runoff, to evaluate suitability for infiltration. 12. Prior to receiving a grading permit, the applicant's stormwater plan revisions shall include oil - filtration in all catch - basins that receive industrial runoff, 4' minimum catch -basin sumps, 12" minimum depth sand beds above all under - drains, and a gate -valve on the drain -tile outlet from the biofiltration basin's under -drain outlet. City Council Meeting Minutes July 2, 2013 4 page 13. Prior to receiving a grading permit, the applicant shall enter into a long -term stormwater facility inspection and maintenance agreement, in a form acceptable to the City Attorney. 14. The applicant shall provide the City as -built plans that demonstrate constructed stormwater facilities conform to design and /or construction plans, as approved by the City. As -built volumes of retention & detention shall be provided for all stormwater facilities. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION — EAGAN POINTE SENIOR LIVING City Administrator Osberg introduced the item noting the Council is being asked to consider four actions: a Comprehensive Guide Plan Land Use Agreement from Medium Density to High Density, a Rezoning from R -3 Residential Townhouse to Planned Development, a Preliminary Planned Development to construct a 151 unit 4 -story senior housing and a Preliminary Subdivision of approximately 10 acres located at 4232 Blackhawk Road. City Planner Ridley gave a staff. The applicant was available for questions. Mayor Maguire asked if anyone in the audience would like to comment on the item. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to implement a Comprehensive Guide Plan Land Use Amendment to change the land use designation from MD, Medium Density to HD, High Density, upon approximately 10 acres located at 4232 Blackhawk Road. Aye:S Nay:O Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Rezoning from R -3, Residential Townhouse, to PD, Planned Development, upon approximately 10 acres located 4232 Blackhawk Road. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Preliminary Planned Development to construct a 151 unit 4 -story senior housing project upon approximately 10 acres located 4232 Blackhawk Road, subject to the following conditions: Aye: 5 Nay: 0 1. The following plans shall be revised and submitted prior to Final Subdivision and Final Planned Development approval. • Final Site Plan • Final Building Elevation Plans • Final Landscape Plan • Final Site Lighting Plan 2. This Preliminary Planned Development shall have a term of five (5) years. 3. The property shall be platted. 4. The applicant shall submit a proposal /infrastructure plan to be approved by staff to provide telecommunications fiber to the senior facility (FTTH) or conduit to the site to permit third party providers to install FTTH within the development. 5. The garage doors shall be painted to match the building exterior. 6. The data key on the Site Plan shall be revised to accurately reflect the setback information. 7. All mechanical equipment shall be screened in accordance with the provisions of the City's zoning code. City Council Meeting Minutes July 2, 2013 5 page 8. The monument sign shall be subject to City Sign Code standards. The applicant shall enter into a Sign Agreement in a form acceptable to the City Attorney. 9. The Lighting Plan shall be revised to show compliance with the 0.5 footcandle minimum within the parking areas, and the 4:1 average /minimum ratio. The plan shall also identify the height of the poles, include the base and incorporate lighting to the trail, memory garden and terraced common areas. 10. The Landscape Plan shall be revised to establish buffers between the building and public rights -of- way, especially along Diffley Road and I -35E. The revisions to the Landscape Plan shall also be shown on the combined Landscape and Tree Mitigation Plan. 11. The Landscape Plan shall be revised to reflect that the shrubs will be 3 feet in height at time of planting. 12. The applicant shall submit a revised Tree Mitigation Plan that provides complete fulfillment of Tree Mitigation requirements through the installation of an additional ninety -seven (97) Category B trees (or an equivalent number of Category A, B, or C trees) or through a cash dedication of $29,100 as fulfillment of Tree Preservation requirements. 13. The future developer of Lot 1 shall be responsible for the tree mitigation of 154 significant trees (84.6% of the total). 14. The applicant shall protect the preserved individual tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved on -site. 15. 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. 16. The Development shall be responsible for a cash Park Dedication of $485,012 collected with the Final Plat. 17. The Development shall be responsible for the construction of 885 feet of "public trail ", consistent with the development plans and City specifications, for which a credit of $26,550 shall be applied towards the $37,750 Trail Dedication due. 18. The balance of the Trail Dedication shall be satisfied with a cash payment of $10,450 collected with the Final Plat. 19. Park and Trail Dedication due for the development of the second lot shall be independent of this Development and will be determined during the development review process for that lot. 20. 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. 21. Developed conditions (grading, private utilities, landscaping, etc.) shall allow a minimum of 15 -foot- wide unobstructed equipment access path, from street -edge to all stormwater facilities, at a maximum slope of 15% on Lot 1. The unobstructed equipment access path shall be capable of supporting typical maintenance /excavation equipment, for access to all ponds and infiltration basins, including unobstructed maintenance equipment access to inlet and outlet areas. 22. The pedestrian facility along the Blackhawk Road and the new public street (Holden Trail) shall be constructed with bituminous pavement and be a minimum of 8 feet in width. If a cash dedication is City Council Meeting Minutes July 2, 2013 6 page provided for the trail along Blackhawk Road, the trail grading shall be performed along with the development. 23. This development shall dedicate public drainage & utility easements over all public sanitary sewer, water main, and storm sewer pipes at a minimum width of 20 feet. 24. A ten -foot wide maintenance bench above the Normal Water Level (NWL) on all ponds in Lot 1, with a slope no steeper than ten feet horizontal to one foot vertical (10:1), shall be provided as directed by the City and shall be sufficient to access all pond inlets and outlets with typical excavation equipment. 25. The existing wells on site shall be sealed according to all regulatory agency requirements and well sealing records provided to the City. 26. The applicant shall fully meet Minn. Rules Ch. 8420 (Wetland Conservation Act requirements) and City Code §11.67 (Wetlands Protection and Management Regulations). 27. The applicant shall fully meet Eagan's Post Construction Requirements (City Code §433) for stormwater management (i.e. pollutant, rate, and volume control) and surface water quality. 28. The applicant shall provide construction details of proposed infiltration basins for City review (cross - section, construction /protection /sequencing notes, sizing /volume tables, planting details, etc.), to ensure infiltration basins are properly designed and constructed, and adequately protected during /after construction, to function as intended. These details shall be included in applicable plan sheet(s). 29. The applicant shall provide adequate pre- treatment (catch -basin sumps and /or forebays) to provide for capture and easily - accessible cleanout of fine -sand sized particles for all ponds and infiltration basins that receive direct impervious runoff. 30. The applicant shall provide the City with soil- boring log(s) (extending 15' min. below bottom of over - excavation) within the location of each proposed infiltration basin. If the soil- boring log indicates incompatibility of soil permeability with the submitted and reviewed design plans, the applicant shall revise the design and /or construction plans to ensure 4.33 requirements for volume control are met. 31. Prior to receiving a grading or building permit, the applicant shall enter into a long -term stormwater facility inspection and maintenance agreement, in a form acceptable to the City Attorney. 32. Immediately upon completion of fine - grading; the applicant shall provide the City as -built plans that demonstrate constructed stormwater facilities conform to design and /or construction plans, as approved by the City. As -built volumes of retention & detention shall be provided for all stormwater facilities. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Preliminary Subdivision of approximately 10 acres located 4232 Blackhawk Road. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT — FIESTA CANCUN GRILL City Administrator Osberg introduced the item noting the Council is being asked to consider an amendment to the existing planned development to allow Fiesta Cancun Grill on -sale liquor for proposed full- service restaurant located at 4250 Lexington Ave South. City Planner Ridley gave a staff report. The applicant was available for questions. Mayor Maguire asked if anyone in the audience would like to comment on the planned development amendment. There being no public comment, he turned the discussion back to the Council. City Council Meeting Minutes July 2, 2013 7 page Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Planned Development Amendment to allow on -sale liquor for a proposed full - service restaurant to be located at 4250 Lexington Avenue South, legally described at Lot 1, Block 1, Eagan Center 1St Addition, subject to the following conditions: Aye: 5 Nay: 0 1. Planned Development Amendment Agreement shall be executed and placed on file with the Community Development Department prior to issuance of any permits. 2. A Sign Permit is required prior to installation of any sign, and all signage is subject to the requirements of the Sign Ordinance. LEGISLATIVE/ INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative /intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA There were no administrative comments to be heard. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:48 p.m. Aye: 5 Nay: 0 n_ Date Mayor W M01 •