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2017-02-07 City Council MinutesMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota February 7, 2017 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Acting Mayor Bakken, Councilmembers Fields, Hansen and Tilley. Mayor Maguire arrived at 6:10 p.m. A regular meeting of the Eagan City Council was held on Tuesday, February 7, 2017 at 6:00 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Osberg, Assistant City Administrator Miller, Communications Director Garrison, Finance Director Pepper, Director of Community Development Hutmacher, City Planner Ridley, Parks and Recreation Director Pimental, City Engineer Gorder, Police Chief McDonald, Fire Chief Scott, City Attorney Dougherty, and Executive Assistant Stevenson. AGENDA Councilmember Tilley moved, Counciimember Bakken seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION Police Chief McDonald presented Police Department Awards to Police Detectives Paul Maier and Darren Schultz for their efforts in solving the arson of Old Town Hall. CONSENT AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent agenda as amended: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the January 10, 2017 Special City Council meeting, January 17, 2017 regular City Council meeting, and January 24, 2017 Special City Council Retreat as presented or modified. B. Personnel Items: 1. It was recommended to authorize the hiring of Megan Martin, Human Resources Analyst. 2. It was recommended to accept the resignation of the listed seasonal employees. C. It was recommended to ratify the check register dated January 13, 20 and 27, 2017. D. It was recommended to approve the ordinary and customary contracts with Marco, Boogie Wonderland, G.L. Berg & Association, Inc., Ambition Teakwondo, and SVL. E. It was recommended to approve a resolution accepting a donation from the Eagan Ice Crystal Figure Skating Club, specific for the purchase and installation of a rink music audio system. F. It was recommended to schedule a public hearing for March 7, 2017 to consider final assessment of the delinquent nuisance abatement bills and certify them to Dakota County for collection with property taxes. G. It was recommended to schedule a public hearing for March 7, 2017 to consider final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. H. It was recommended to adopt a resolution approving an Exempt Permit for The Open Door to conduct a raffle on March 2, 2017 at St. John Neumann Catholic Church, 4030 Pilot Knob Road. City Council Meeting Minutes February 7, 2017 2 page I. It was recommended to approve a temporary on -sale liquor license and waive the license fee for Trinity School at River Ridge on February 11, 2017 at 601 River Ridge Parkway. J. It was recommended to approve a Joint Powers Agreement with Dakota County to participate jointly with other cities in the Wetland Health Evaluation Program through 2021, and authorize the Mayor and City Clerk to execute all related documents. K. It was recommended to approve a Stormwater Management System Maintenance Agreement with Davis Family Minnesota, LLC, owner of the Sun Country Headquarters site, at 1300 Corporate Center Curve, and authorize the Mayor and City Clerk to execute all related documents. L. It was recommended to approve the plans and specifications for Contract No. 17-01(2017 Street Revitalization), and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, March 9, 2017. M. It was recommend to approve the plans and specifications for Contract No. 17-02 (Bur Oaks Pond Protection (Pond GP -1.2) —Water Quality improvements), and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Wednesday, March 15, 2017. N. It was recommended to approve the plans and specifications for Contract17-03 (Cliff Lake Protection (Pond AP -42) — Water Quality Improvements), and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Wednesday, March 15, 2017. O. It was recommended to approve the plans and specifications for Contract17-05 (Ponds JP -19 and JP -30.6 —2017 Water Quality & Storm Sewer Improvements), and authorize the advertisement for a bid opening to be held at 12.30 p.m. on Thursday, March 16, 2017. P. It was recommended to approve resolution to prohibit parking on Vikings Parkway between Lone Oak Parkway and Ames Crossing Road, and authorize the Mayor and City Clerk to execute all related documents. Q. It was recommended to receive a petition to vacate Northwest Parkway right-of-way located in Lone Oak 3ro Addition, within the MV Eagan development in northeast Eagan, and schedule a public hearing to consider said request to be held on March 7, 2017. R. It was recommended to approve a resolution requesting the Minnesota Department of Transportation to advance to the City of Eagan approximately $2.76 million from the Municipal State Aid (MSA) Construction account. S. It was recommended to approve Change Order No. 5 to Contract 16-04 (Central Maintenance Facility Renovations) and authorize the Mayor and City Clerk to execute all related documents. T. It was recommended to adopt a resolution approving an Exempt Permit for Eagan Baseball Boosters Inc., to conduct a raffle on February 26, 2017 at Green Mill, 1940 Rahncliff Court. U. It was recommended to acknowledge the completion of Project 13-C (Stonehaven 5t' Addition) and authorize perpetual City Maintenance subject to warranty provisions. V. It was recommended to approve a telecommunication lease agreement with Dakota County for upgrades on the Sperry Tower site, and authorize the Mayor and City Clerk to execute all related documents. W. It was recommended to accept the Feasibility Report for Project 1208 (Seneca Wastewater Treatment Plant Water Reuse — Utility Improvement). X. It was recommended to authorize submittal of the City's FY 2017 Community Development Block Grant (CDBG) Application and adopt a Resolution approving the funding application request. Y. It was recommended to direct City Staff to work with the City Attorney to prepare an Ordinance Amendment to Chapter 11, Subd. 28, Placement, construction and maintenance of signs. Z. It was recommended to adopt a resolution approving the updated Dakota County All Hazard Mitigation Plan. City Council Meeting Minutes February 7, 2017 3 page AA. It was recommended to approve a resolution and partnership agreements to accept cash and in- kind advertising donations from the following organizations to authorize the necessary budget adjustments and direct the Mayor and City Clerk to sign the appropriate documents. BB. It was recommended to approve a Memo of Understanding between the City of Eagan and Rasmussen College. CC. It was recommended to approve a Memo of Understanding between the City of Eagan and Argosy University. There were no public hearings to be heard. There was no old business to be heard. PUBLIC HEARINGS OLD BUSINESS NEW BUSINESS Comprehensive Guide Plan Amendment—The Lincoln Group City Administrator Osberg introduced the item noting the action to be considered is whether or not to direct staff to submit to the Metropolitan Council the request for a Comprehensive Guide Plan Amendment. The property is currently designated Retail Commercial and the request is for Low Density. The applicant is requesting to build 34 twin homes on 10 acres located southeast of Red Pine Lane and Highway 3. City Planner Ridley gave a staff report and provided a site map. Ron Kaskaskia, Kaskaskia Engineering, representing the applicant, stated he was available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. The Council discussed the comprehensive guide plan amendment. Councilmember Fields and Bakken noted their concerns regarding the requested change to residential. Councilmember Tilley moved, Councilmember Hansen seconded a motion to direct staff to submit to the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation from RC (Retail Commercial) to LD (Low Density) upon approximately 10 acres located south of Red Pine Lane and Highway 3. Aye: 3 Nay: 2 (Fields and Bakken) City Attorney Dougherty noted that the action required three votes to submit the land use change to the Metropolitan Council. Dougherty added that four votes would be needed if and when the Comprehensive Guide Pian Amendment comes back to the City Council for consideration. City Council Meeting Minutes February 7, 2017 4 page Planned Development Amendment —White House Custom Colour City Administrator Osberg introduced the item noting the applicant is proposing a corporate expansion of the existing White House Custom Colour facility. The Planned Development Amendment proposes to change the use of Lot 2 to multiple -story office and Lot 3 to production and warehouse. The Council is being asked to approve a Planned Development Amendment to change the use of Lots 2 and 3, Block 1, Waters Annex 2nd Addition. City Planner Ridley gave a staff report and provided a site map. Eric Reiners, architect representing White House Custom Colour, provided a brief background, summarized the development project and stated he was available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. The Council discussed the Planned Development Amendment request. Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to change the use of Lots 2 and 3, Block 1, Waters Annex 2nd Addition. Specifically, to change from a single -story office/warehouse to multi -story office on Lot 2 and production/warehouse on Lot 3 for properties located at 2920 and 2930 Lone Oak Drive, subject to the following conditions: Aye: S Nay: 0 1. An Amendment to the Final Planned Development Agreement shall be executed for Lots 2 and 3, in a form acceptable to the City Attorney, and recorded against the property within 60 days of City Council approval. The Agreement shall include the following exhibits: • Site and Signage Plan • Building Elevations • Landscape Plan • Site Lighting Plan 2. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. 3. This development shall be subject to the City's ordinance standards for screening of mechanical equipment. The effectiveness of proposed screening will need to be demonstrated at the time of Final Planned Development. 4. With the exception of the deviation for two free-standing signs on Lot 3, all signage shall be consistent with City Code standards. Consistent with RD zoning standards, building wall signage shall not exceed 10% of the fagade. S. All signs are subject to review at the time of Sign Permit, which shall be obtained prior to installation of any signs, for both monument signs and building wall signs. 6. A revised Final Site Lighting Plan shall be provided for incorporation in the Planned Development Amendment Agreement, and shall recalculate the average to minimum ratio for each parking lot, excluding the zero footcandle values elsewhere on the site. The average to minimum ratio shall strive to achieve a maximum value of 4.0 footcandles. 7. Foundation plantings shall be added to the west side of the production/warehouse building on Lot 3, if the proof of parking is installed in the future. 8. The applicant shall ensure that landscaping does not conflict with site lighting or utilities. City Council Meeting Minutes February 7, 2017 5 page 9. This development shall be subject to compliance with the City's Tree Preservation Ordinance. Therefore, in accordance with City Code, prior to issuance of a permit for any land disturbing activity a Tree Preservation Plan shall be Submitted, and a Tree Mitigation Plan provided, that demonstrates compliance with the City's Tree Preservation Ordinance, including any required mitigation, as determined by the Supervisor of Forestry. 10. This development shall be subject to Wetland Protection and Management Regulations (City Code 11.67). 11. This development shall meet the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control on the site's new and fully - reconstructed impervious surface area (including effective remediation of disturbed soils to be revegetated to achieve minimum of 5% soil organic content in top 6 -inches and soil loosening to 12 -inch depth). 12. The applicant shall provide adequately sized and planned pre-treatment (e.g. sediment filter structure, etc.) at, or immediately upstream of, all stormwater management facility inlets to provide for effective capture and easily -accessible cleanout of coarse particles, fine -sand sized particles and floatable pollutants. Details shall be included in applicable plan sheet(s). 13. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide to the City soil boring logs from each proposed infiltration/filtration area, extending a minimum of 10' below the bottom of the proposed infiltration/filtration feature, to evaluate and ensure suitability for infiltration, including depth to saturated soils (bottom of any infiltration basin shall be greater than 3 -feet above saturated soils/NWL of adjacent wetland, whichever is greater). if the soil boring logs indicate incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and/or construction plans to ensure volume control requirements are fully met for the site development. 14. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide construction details of the proposed infiltration systems for City review/acceptance by the City Engineer and include construction details in plan set. Construction details shall include infiltration basin cross-section(s), drainage area/sizing/volume tables, maximum depth of 1.9 -feet (not including below -grade soil media depth), details and elevations for stable inlets/outlets/emergency overflows, public storm sewer connection details (e.g. coring only, etc.), soil media criteria, live planting and seeding details, temporary & permanent erosion - control protection details (e.g. two rows of sediment protection at the top and base of side slope, erosion -control blanket, etc.), construction sequencing/protection/restoration notes (e.g. no equipment within basin, soil ripping, etc.) and other details and notes to ensure infiltration practices are properly designed, constructed, planted, and adequately protected during/ after construction to prevent clogging, and will be able to be properly maintained to function as intended. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Grading, Utility, Landscape Plans, etc.). All infiltration basins shall include live -plantings with a minimum of 18 -inch on -center plant spacing. 15. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide detailed Soil Management Strategies for City review, and acceptance by the City Engineer, that provide clear assurances that by final grading, prior to installation of any irrigation and plantings, the disturbed areas that are to be revegetated will have protected and/or restored soil permeability to non -compacted soil conditions in the top 12" of soil with no less than 5% soil organic matter content and less than 200 psi of soil compaction in the top 12" of topsoil, to comply with Volume Control requirements. Addition and incorporation of City Council Meeting Mlnutes February 7, 2017 6 page any soil organic content shall only consist of MnDOT 3890 Grade 2 Compost, from a currently certified source, to restore permeability in the top 12 -inches of soil. These graphical details and notes on soil protection/restoration shall be included in the Stormwater Management Plan and prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading & Drainage Plan, Landscape Plan, etc.). 16. 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 permanent stormwater management system on each parcel, in a form acceptable to the City Attorney. 17. During infiltration/filtration system area over-excavation/sub-soil work, the applicant shall provide verifying documentation that practice area sub -soils are suitable for a saturated condition infiltration rate of 0.5 -inch per hour or greater (but less than 8.0 -inch per hour). If the sub -soil infiltration rates are less than 0.5 -inch per hour (or greater than 8.0 -inch per hour), the applicant shall immediately notify the City Engineer. Documentation shall be provided to the City within 48 -hours after any infiltration testing. The applicant shall provide the City Water Resources staff with 24-hour advance notice of the occurrence of infiltration verifications and also prior to any excavation and/or soil backfilling within the infiltration practices (City Water Resources staff contact/instructions shall be clearly/prominently listed on all appropriate plan sheets). 18. Before the City provides a Certificate of Occupancy for the new building project, the applicant must provide field -verification to City Water Resources staff of successful implementation, function and operation of the Stormwater Management System, including operation of the bioretention basins and complying Soil Management Strategies on all disturbed soils, in compliance with the approved plans. 19. Before the City returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (e.g. infiltration practices) and soil management strategies conform to design and/or construction plans, as approved by the City. As -built volumes (for retention) shall be provided for the infiltration practices. An updated/as-constructed Stormwater Management Report shall also be provided. 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 or Landscape Architect licensed in the State of Minnesota. 20. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies. 21. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to the issuance of a building permit. 22. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies. 23. A detailed land disturbance and erosion control plan shall be prepared in accordance with current City land disturbance and erosion control regulations prior to final plat approval. 24. 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 City Council Meeting Minutes February 7, 2017 7 page 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. 25. Fire hydrant spacing and locations shall be installed in accordance with City Fire Department and Public Works standards. 26. The applicant shall extend sanitary sewer and water main of sufficient size, depth, and capacity for the future development of Outlot A. 27. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). This development shall include the installation of fiber optic cable, or a conduit for future installation, in its construction plans at the time of building permit. 28. Drainage and utility easements shall be provided for the water and sewer stubs being provided to Outlot A. 29. An encroachment agreement shall be provided for any tunnels located in drainage and utility easements, in a form acceptable to the City Attorney, prior to issuance of any Building Permit. 30. The applicant shall provide private cross -easements for ingress/egress, including Outlot A, and shared parking, in a form acceptable to the City Attorney, prior to issuance of any Building Permit. 31. Any median modifications shall be performed under a separate right of way permit. 32. The applicant shall restore the street, curb and gutter, pavement markings, and boulevard in a manner acceptable to the City Engineer. 33. A sidewalk connection shall be made to the existing trail along Lone Oak Parkway. 34. This proposal shall be subject to a cash parks dedication, payable at the time of building permit at the rates then in effect. 35. This proposal shall be subject to a cash trails dedication, payable at the time of building permit at the rates then in effect. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA There were no administrative agenda items to be heard. There were no visitors to be heard. LTA M 11 to7:�111 tel -14:1:1.1 _L1 61 ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:20 p.m. Aye: 5 Nay: 0 City Council Meeting Minutes February 7, 2017 8 page a-,aI-� ��- Da r� l Mayor City Clerk