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2017-03-07 City Council MinutesMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota March 7, 2017 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 Tilley. A regular meeting of the Eagan City Council was held on Tuesday, March 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, Public Works Director Matthys, Parks and Recreation Director Pimental, Police Chief McDonald, City Attorney Dougherty, and Executive Assistant Stevenson. AGENDA Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentations to be heard. CONSENT AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Consent agenda as presented: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the February 21, 2017 regular City Council meeting as presented or modified. B. Personnel Items: 1. It was recommended to authorize the resignation of Aaron Menza, GIS Technician, and authorize the recruitment and replacement of this position. 2. It was recommended to authorize the hiring of Britta Dreas, Eagan Community Center Fitness Instructor. 3. It was recommended to approve addition to the Employee Handbook regarding Employee Volunteer Hours. 4. It was recommended to approve addition of 57.52 hours to the City Administrator's vacation hour balance. 5. It was recommended to accept the resignation of Rink Attendants listed in memo. C. It was recommended to ratify the check register dated February 17 and 24, 2017. D. It was recommended to approve the ordinary and customary contracts with Integrated Lost Control, Inc., and Eagan Women of Note. E. It was recommended to adopt a resolution approving an Exempt Permit for Faithful Shepherd Catholic School to host bingo on April 21, 2017 at 3355 Columbia Drive. F. It was recommended to declare miscellaneous office furniture and water resources equipment to be surplus. G. It was recommended to approve an On -Sale Liquor and Sunday Liquor License and Off -Sale Growler License for Final Final Brewing Co. LLC, doing business as Union 32 Crafthouse, located at 2864 Highway 55. H. It was recommended to approve a resolution and sign Sponsoring Agency Agreement. City Council Meeting Minutes March 7, 2017 2 page I. It was recommended to receive the bids and award Contract 16-22 (Vikings Parkway Street & Utility Improvements) to Frattalone Companies Inc. for the base bid in the amount of $3,211,025.03 and authorize the Mayor and City Clerk to execute all related documents. J. It was recommended to receive the bids and award Contract 17-04 (Fitz Lake Improvement Project — Ponds LP -26.3 / LP -26.5 Improvements) to Alcon Construction Corporation for the Base Bid in the amount of $147,575.25, and authorize the Mayor and City Clerk to execute all related documents. K. It was recommended to receive the petition to vacate a portion of public drainage and utility easement on Lot 1, Block 1, Cedar Grove Gateway 1" Addition and schedule a public hearing to be held on April 4, 2017. L. It was recommended to approve a 3 -year contract with HydroCorp Inc. in the amount of $64,380.00 for Cross Connection Control Services and authorize the Mayor and City Clerk to execute all related documents. M. It was recommended to approve an Ordinance Amendment to Chapter 11, Subd. 28, placement, construction and maintenance of signs. N. It was recommended to approve a resolution of support for an application by Prime Therapeutics, LLc, to the Minnesota Department of Employment and Economic Development Job Creation Fund. O. It was recommended to authorize and approve Easement Conveyance Agreement and authorize the Mayor and City Clerk to execute all necessary documents. P. It was recommended to approve a Final Planned Development upon approximately 20 acres located north of Vikings Parkway and south 1-494. Q. It was recommended to approve the Sixth Extension of the Amended and Restated Preliminary Redevelopment Agreement for Master Developer Services for the Cedar Grove Redevelopment District. R. It was recommended to authorize issuance of a Request for Proposal (RFP) for fiber construction projects. PUBLIC HEARINGS Northwest Parkway — MV Eagan — Vikings Lakes Right -Of -Way Vacation City Administrator Osberg introduced the item noting the action to be considered is to approve the vacation of Northwest Parkway right-of-way located within the MV Eagan/Viking Lakes development in northeast Eagan. The purpose of the request is to allow the recording of a final plat of the properties (Viking Lakes) for a proposed mixed-use development. Public Works Director Matthys gave a staff report and provided a site map. Representatives of Viking Lakes were present. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the vacation of Northwest Parkway right-of-way located within the MV Eagan/Viking Lakes development in northeast Eagan, and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 City Council Meeting Minutes March 7, 2017 3 page Approve Minnesota Investment Fund Application for the Extension of Prime Therapeutics, LLC City Administrator Osberg introduced the item noting the action to be considered is to adopt a resolution authorizing and approving a Minnesota Investment Fund Application by Prime Therapeutics, LLC for its expansion in the City of Eagan. Community Development Director Hutmacher gave a staff report and provided a site map. Representatives from Prime Therapeutics were present and available for questions. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to adopt a resolution authorizing and approving a Minnesota Investment Fund Application by Prime Therapeutics, LLC for its expansion in the City of Eagan and authorize the Mayor and City Clerk to execute related documents. Aye:S Nay:O Certification of Delinquent Utilities City Administrator Osberg introduced the item noting twice a year the Council is asked to approve the final assessment roll for delinquent utility bills. The City currently has approximately 947 utility bill accounts with delinquent balances. Of the utility accounts due for certification, 67 have had a Sheriff's sale since January 1, 2012. Two accounts had a Sheriff's sale in 2017. The Council discussed the delinquent utilities. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to close the public hearing and approve the Final Assessment Roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. Aye: 5 Nay: 0 Certify Delinquent Nuisance Abatement Bills City Administrator Osberg introduced the item noting at the February 7, 2017 City Council meeting, a public hearing was scheduled for the March 7, 2017 City Council meeting. The City has five properties with delinquent false alarm invoices. A diseased tree removal is included in the proposed assessment roll. The assessable amount of the delinquent invoices is $2,300.88. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Hansen seconded a motion to close the public hearing and approve the Final Assessment Roll for delinquent nuisance abatement bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 City Council Meeting Minutes March 7, 2017 4 page There was no old business to be heard. OLD BUSINESS NEW BUSINESS Planned Development Amendment (CityVue Commons 3'd Addition) — Chick-fil-A City Administrator Osberg introduced the item noting the subject property is zoned Planned Development and located within the 10 acre CityVue Commons Planned Development, guided for Office/Service uses. The applicant is proposing a 5,000 sq. ft. restaurant with an outdoor patio and drive-through service. City Planner Ridley gave a staff report and provided a site map and other graphics. Justin Lurk, Chick-fil-A, and Joe Vavrina, HR Green, provided background on the application and stated they were 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. It was the consensus of the Council to allow two building signs, a code compliant monument sign or identification panel and a pylon sign. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to modify the Preliminary Planned Development from two buildings and two uses, to one, located at 3420 Promenade Avenue, subject to the following revised conditions: 1. A Planned Development Amendment Agreement shall be executed and recorded at the time of Final Subdivision. The following exhibits are required for the Agreement: a. Site Plan b. Landscape Plan c. Building Elevations d. Signage Plan e. Site Lighting Plan 2. The outdoor dining patio shall provide outdoor seating of not more than 16 seats as shown on the Site Plan. 3. The operation of the outdoor dining area shall be subject to compliance with the standards in the City Code. 4. A detail of the patio railing shall be provided for the Planned Development Amendment Agreement. 5. The flagpole shall not be used to display any business signs or logos and the Site Plan should identify the same height on the Sign Plan for the pole. 6. All canopies shall be of metal construction and awnings shall be constructed of Sunbrella, Arlon or Canvas material and shall exclude tenant identification. 7. All landscaped areas shall be served with automatic irrigation. 8. The service door to the storage area of the trash enclosure shall be painted to match the brick exterior of the enclosure. City Council Meeting Minutes March 7, 2017 5 page 9. Screening of mechanical equipment shall be provided in accordance with City Code requirements. 10. The north building elevation shall be redesigned to provide the visual interest of a front fagade and any fagade exceeding 40 feet in width should be designed with multiple planes, multiple sections of coordinating materials, or both, to add visual interest every 40 (80) feet. 11. The applicant shall revise the elevation drawings to reflect building signage of no more than three total signs on up to two building elevations. 12. Building address numbers shall meet City Code requirements. 13. The applicant shall be allowed a panel on the existing pylon sign and a code compliant monument sign. 14. The applicant shall submit final detail and dimensions of the menu boards for review by staff prior to the issuance of the building permit. 15. Private cross -easements for ingress/egress for the future parking lot connection to the east shall be provided in a form acceptable to the City Attorney. 16. This development shall provide on-site volume control for any proposed impervious surfaces to drain off-site that exceed the total originally approved with the CityVue Commons Development. 17. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide to the City a minimum of two soil boring logs within the footprint of the proposed infiltration/filtration area, extending a minimum of 10' below the bottom of the proposed infiltration/filtration feature with continuous sampling, to evaluate and ensure suitability for infiltration, including depth to saturated soils. 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 impervious drainage area. 18. 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 (e.g. subsurface infiltration system and pre-treatment structure), in a form acceptable to the City Attorney. 19. 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 sub- surface infiltration system and pre-treatment structure, in compliance with the approved plans. Planned Development Amendment — Supervalu (Cub Foods) City Administrator Osberg introduced the item noting the applicant is proposing to add a drive-through pharmacy service to the existing Cub Foods building. The improvement is proposed as part of an interior store remodel, which relocates the pharmacy to the northwest corner of the building. City Planner Ridley gave a staff report and provided a site map. Dave Jamieson, Supervalu, explained the proposal was part of an overall store upgrade that is planned and was available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. City Council Meeting Minutes March 7, 2017 6 page The Council discussed the planned development amendment. The Council agreed they would like to see an increase in green space over the existing amount, and suggested green space replace the parking spots on the north side of the building. Mr. Jamieson stated he was open to increasing the green space in that location. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to add drive-through service for a pharmacy in the Cub Foods building located at 1940 Cliff Lake Road, subject to the following conditions: 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 and Signage Plan Landscape Plan Site Lighting Plan A Sign Permit is required prior to any installation of any signs. The applicant shall provide a revised Site Plan illustrating no net loss of green space for the site. Planned Development Amendment —Arrowhead Lodge BRF, Inc. City Administrator Osberg introduced the item noting this is a Planned Development that was established in the 1980s as a multi -story office development. The applicant is proposing to amend the use of the property from office to hotel, to allow a four-story 86 -room Comfort Suites hotel. City Planner Ridley gave a staff report and provided a site map. The applicant was present and available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to allow a 4 -story 86 -unit hotel upon approximately 2.24 acres located at 1335 Corporate Center Curve, subject to the following conditions: Aye: 5 Nay: 0 1. A Planned Development Amendment Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The Planned Development Amendment Agreement shall include the following exhibits: a. Site Plan b. Building Elevations c. Landscape Plan d. Tree Mitigation Plan e. Signage Plan 2. A Final Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The Final Planned Development Agreement shall include the following exhibits, revised per the conditions of approval for the Planned Development Amendment: City Council Meeting Minutes March 7, 2017 7 page a. Final Site Plan b. Final Building Elevations c. Final Landscape Pian d. Final Tree Mitigation Plan e. Final Signage Plan 3. The property shall be replatted as a lot prior to issuance of a Building Permit. 4. The building shall incorporate sound attenuation measures to achieve an interior sound level reduction of 24 dBA within Zone 3 per City ordinance. Compliance with this standard shall be demonstrated at the time of Building Permit. 5. The enclosure should be of a size that can accommodate both trash and recyclable materials, and meet other design standards in the City Code for materials, height and gates. 6. All site and building signage should be subject to City Code standards, and a Sign Permit obtained prior to installation of any signs. 7. A Signage Plan shall be provided for incorporation into the Final PD Agreement providing details of both the building and monument signs. 8. The base of the monument sign shall be of masonry material to match the principal building. 9. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. 10. The pole -mounted parking lot lights shall be the same height as on the adjacent lot, which are 28' in height. 11. A revised Final Site Lighting Plan shall confirm consistent pole height and that the level of illumination from both existing and proposed fixtures is sufficient to meet the 0.5 footcandle standard throughout all areas of the parking lot. 12. An encroachment agreement shall be provided for the retaining wall located in the drainage and utility easement along Corporate Center Drive, in a form acceptable to the City Attorney. 13. Fire hydrant spacing shall be provided at locations in accordance with City Fire Department and Public Works standards. 14. The applicant shall provide private cross -easements for ingress/egress and shared parking, in a form acceptable to the City Attorney, at time of building permit. 15. The applicant shall be responsible to restore the sidewalk, street, curb and gutter, and boulevard in a manner acceptable to the City Engineer. 16. 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 of the site's new impervious surface area and any other disturbed soils that are not remediated following an approved Soil Management Strategy. 17. The applicant shall modify infiltration basin construction details and notes to clarify appropriate sub -soil over -excavation depth, bioretention soil media replacement, sub -soil ripping, construction notes to prevent equipment within the basin during and after construction, live - planting of the basin bottom, effective erosion control at base and top of side -slopes, etc. in accordance with Public Works standards. 18. 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. 19. During infiltration system area 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 condition infiltration rate of 0.6 -inch per hour or greater (but less than City Council Meeting Minutes March 7, 2017 8 page 8.0 -inch per hour). If the sub -soil infiltration rates are less than 0.6 -inch 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) as necessary (e.g. over-excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met. Documentation shall be provided to the City within 48 -hours after infiltration capability verification. 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 practice. 20. 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 (sumps, infiltration basin, etc.) conform to design and/or construction plans, as approved by the City. As -built volumes (for retention and detention) shall be provided for the infiltration/bioretention basin. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accordance with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. LEGISLATIVE/ INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA CITY COUNCIL Mayor Maguire congratulated Parks & Recreation staff along with City staff for a successful "Community Connections" event held on Saturday, March 4. Councilmember Hansen agreed it was a good networking opportunity for residents. 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 7:30 p.m. Aye: 5 Nay: 0 Hach al Date Mayor " City Clerk