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2017-07-05 City Council MinutesMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JULY 5, 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 closed session was held at 6:00 p.m., at which the Council received an update on City lawsuits and discussed labor negotiations. A regular meeting of the Eagan City Council was held on Wednesday, July 5, 2017 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, Assistant City Administrator Miller, Director of Community Development Hutmacher, City Engineer Gorder, Director of Parks and Recreation Pimental, Director of Finance Pepper, City Attorney Dougherty, and Executive Assistant Stevenson. Mayor Maguire took a moment of silence to recognize the death of former City Councilmember Jim Smith. AGENDA City Administrator Osberg noted there will be no closed session as noted on Item XII - Closed Session. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentations to be heard. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent agenda as presented: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the June 13, 2017 Special City Council meeting, and June 20, 2017 regular City Council meeting as presented or modified. B. Personnel Items: 1. It was recommended to accept the retirement of Rodney Johnson, Utility Maintenance Worker and authorize the recruitment and replacement of this position. 2. It was recommended to accept the retirement of William Weitzel, Streets Maintenance Work, and authorize the recruitment and replacement of this position. 3. It was recommended to approve the hiring of seasonal employees for Lifeguard, Tennis Instructor, Utilities Maintenance, Pool Attendant, Landscape Crew, Recreation Leader, Park Maintenance, Tennis Assistant, and Fitness Instructor. City Council Meeting Minutes July 5, 2017 2 page 4. It was recommended to approve the transfer of Eric Froehlich from Utility Intern to full time Utility Maintenance Worker effective June 26, 2017. C. It was recommended to ratify the check registers dated June 15 and 23, 2017. D. It was recommended to approve the ordinary and customary contracts with Creative Minnesota and ProDrivers. E. It was recommended to adopt a resolution approving a Premise Permit for the Eagan High School Football Booster Club to conduct lawful gambling at Wyatt's Twisted Americana, 1965 Cliff Lake Road. F. It was recommended to direct preparation of an ordinance amendment to City Code regarding the use of prescribed grazing for control of noxious, invasive and undesirable vegetation. G. It was recommended to receive the bids for Contract 17-09 (Vikings Parkway Streetscaping), and award a contract to Peterson Companies for the base bid in the amount of $949,879.60, and authorize the Mayor and City Clerk to execute all related documents. H. It was recommended to approve the plans and specifications for Contract 17-18 (Carlson Lake and Apollo Storm Lift Station Rehabilitations — Storm Sewer Improvements), and Authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, August 3, 2017 at the Utilities Administration building located at 3419 Coachman Point. I. It was recommended to acknowledge the completion of Project 15-C (Case Estates) and authorize perpetual City maintenance subject to warranty provisions. J. It was recommended to approve the plans and specifications for Lexington Diffley Skate Park redesign, and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Monday, August 7, 2017. K. It was recommended to approve the artists selected for the three public art projects: benches, doors and Twin Cities Premium Outlet Mall as well as the recommended location of each art piece. L. It was recommended to approve Consent to Assignment of Development Agreements and Estoppel for MV/TCO Ventures, LLC. M. It was recommended to approve a Conditional Use Permit to operate a health care facility upon property located at 930 Blue Gentian Road, legally described at Lot 3, Block 1, Grand Oak Four. PUBLIC HEARINGS Outlot A, Eagan Gateway Business Park Easement Vacation City Administrator Osberg introduced the item noting before the Council is the public hearing to give consideration of a vacation of existing drainage and utility easement on the property at 3450 Highway 55, north of Highway 55 at the Eagan and Inver Grove Heights border. Osberg noted Council action on the vacation should be continued to the Eagan Gateway Business Park Second Addition New Business item on tonight's agenda. City Engineer Gorder gave a staff report and provided a site map. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. City Council Meeting Minutes July 5, 2017 3 page Councilmember Hansen moved, Councilmember Bakken seconded a motion to close the public hearing and continue consideration of the public drainage and utility easement vacation on Outlot A, Eagan Gateway Business Park. Aye: 5 Nay: 0 Project 1245, Quarry Road Street & Utility Improvements City Administrator Osberg introduced the item noting on June 6, 2017, the Council took action to receive the draft Feasibility Report for Project 1245, Quarry Road Street & Utility Improvements. A public hearing was scheduled for July 5, 2017. City Engineer Gorder gave a staff report and provided a site map. Mayor Maguire opened the public hearing. Several residents from Gramercy Senior Cooperative addressed the Council with questions regarding assessment costs, parking on Quarry Road, EMS -only access from Yankee Doodle Road, and existing berm. City Engineer Gorder responded to their questions. There being no further public comment, Mayor Maguire turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to close the public hearing and approve Project 1245 (Quarry Road —Street and Utility Improvements) as presented, and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 OLD BUSINESS Interim Use Permit - Gertens City Administrator Osberg introduced the item noting this proposal was before the Council on May 2, 2017. The Council continued the item to the July 5, 2017 meeting to allow more time to address the stormwater and water quality issues on the property. Osberg noted over the last two months, the applicant and their consulting engineer have been working with City Engineering and Water Resources staff to address concerns about stormwater management. City Planner Ridley gave a staff report and provided a site map. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve an Interim Use Permit for three years to operate a yard waste and compost facility and landscape center on Outlot A, Gopher Eagan Industrial Park 8th Addition, located northeast of Yankee Doodle and Elrene Roads at 805 Yankee Doodle Road, subject to the following conditions as amended: Aye: 5 Nay: 0 1. This Interim Use Permit shall be recorded with the Dakota County Recorder's office within 60 days of approval by the City Council, with the following exhibits: • Site Plan 2. The permit shall terminate upon the earlier of closure of the yard waste/compost facility use of the site, or June 1, 2020. City Council Meeting Minutes July 5, 2017 4 page 3. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. The Interim Use Permit shall be subject to the stipulations in the Pond Operations Plan for Outlot A, which document is adopted by reference and included as an exhibit to the Interim Use Permit. 5. All parking, driveways, and outdoor storage areas shall be allowed to remain as a gravel surface. 6. The applicant shall obtain a Grading Permit from the City prior to the construction of the proposed outdoor storage, parking areas, driveway, and storm water management facility. Detailed plans for this grading work shall be prepared and signed by a licensed professional engineer. 7. If the existing gravel surfaces are allowed to remain as the surface material for parking, driveways, and outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. 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 bituminous asphalt. 8. If no curb and gutter is used for the perimeter of the proposed parking, driveways, and outdoor storage areas, 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 lack of curb and gutter is determined to be inadequate, the City will require that concrete curb and gutter be installed. 9. All storage areas shall be properly maintained to prevent deterioration. 10. At the expiration of the IUP, the applicant shall obtain a grading permit from the City and restore all hard surfaces (outdoor storage areas, parking areas, and the driveway) back to turf in a manner acceptable to the City Engineer. Detailed plans for this grading work shall be prepared and signed by a licensed professional engineer. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve an Interim Use Permit for ten years to operate a yard waste and compost facility and landscape center on Outlot H, Gopher Eagan Industrial Park 2nd Addition, located northeast of Yankee Doodle and Elrene Roads at 805 Yankee Doodle Road, subject to the following conditions as amended: Aye: 5 Nay: 0 1. This Interim Use Permit shall be recorded with the Dakota County Recorder's office within 60 days of approval by the City Council, with the following exhibits: • Site Plan 2. The permit shall terminate upon the earlier of closure of the yard waste/compost facility use of the site, or June 1, 2027. 3. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. City Council Meeting Minutes July 5, 2017 5 page 4. The Interim Use Permit shall be subject to the stipulations in the Pond Operations Plan for Outlot A, which document is adopted by reference and included as an exhibit to the Interim Use Permit. 5. All parking, driveways, and outdoor storage areas shall be allowed to remain as a gravel surface. 6. The applicant shall obtain a Grading Permit from the City prior to the construction of the proposed outdoor storage, parking areas, driveway, and storm water management facility. Detailed plans for this grading work should be prepared and signed by a licensed professional engineer. 7. If the existing gravel surfaces are allowed to remain as the surface material for parking, driveways, and outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. 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 bituminous asphalt. 8. If no curb and gutter is used for the perimeter of the proposed parking, driveways, and outdoor storage areas, 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 lack of curb and gutter is determined to be inadequate, the City will require that concrete curb and gutter be installed. 9. All storage areas shall be properly maintained to prevent deterioration. 10. At the expiration of the IUP, the applicant shall obtain a grading permit from the City and restore all hard surfaces (outdoor storage areas, parking areas, and the driveway) back to turf in a manner acceptable to the City Engineer. Detailed plans for this grading work shall be prepared and signed by a licensed professional engineer. NEW BUSINESS Conditional Use Permit— Merkan Corp Property City Administrator Osberg introduced the item noting the 1.8 acre parcel has two buildings, and 8,300 SF warehouse built in 1962 and a 9,200 SF service garage built in 1964. The property is zoned 1-1, Limited Industrial, in which outdoor storage is a conditional use. City Planner Ridley gave a staff report and provided a site map. Ryan Grimwood, Merkan Corp Property Holdings., was 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 the motion to approve a Conditional Use Permit for outdoor storage of pickup trucks, trailers and landscape material bins at 1771 Yankee Doodle Road, subject to the following conditions: This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. Outdoor storage of pickup trucks and trailers, and landscape material bins shall be permitted in the numbers and locations as delineated on the Site Plan dated May 11, 2017. City Council Meeting Minutes July 5, 2017 6 page 3. The owner shall maintain all paved surfaces in good condition. 4. The applicant shall re -grade the area around the storm sewer catch basin at the northwest corner of the site, and add a berm to direct runoff into the catch basin, in a manner acceptable to the City Engineer no later than January 1, 2018. 5. The applicant shall obtain a grading permit from the City prior to commencing any grading and parking lot paving activities. 6. The applicant shall remove the fleet vehicles from the front parking lot no later than January 1, 2018. 7. The applicant shall remove the landscape material bins from the adjacent property by September 1, 2018 and meet the 5 foot rear yard setback from the rear property line. Conditional Use Permit — Gerten's / GLG Properties City Administrator Osberg introduced the item noting the Council is being asked to consider approval of a Conditional Use Permit to modify the Site Plan for the operation of a yard waste recycling and composting facility upon property located at 805 Yankee Doodle Road. City Planner Ridley gave a staff report and provided a site map. Gino Pitera, GLG Properties, was available for questions. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to modify the Site Plan for the operation of a yard waste recycling and composting facility upon property located at 805 Yankee Doodle Road, subject to the following amended conditions: Aye 5 Nay: 0 1. This Conditional Use Permit shall be recorded with the Dakota County Recorder's office within 60 days of approval by the City Council, with the following exhibits: • Site Plan • Landscape Plan • City Code Section 11.60, Subd. 14-C-20 2. Building address numbers shall be reviewed for consistency with the standards in Section 2.78 of City Code, and new address number signs installed if necessary to achieve compliance. 3. The commercial yard waste and composting facility shall be subject to continual compliance with City Code standards for such operations contained in the City Code (Section 11.60, Subd. 14.C.20). 4. The applicant shall obtain a Grading Permit from the City prior to the construction of the proposed outdoor storage, parking areas, private driveway, and storm water management facility. Detailed plans for this grading work must be prepared and signed by a licensed professional engineer. 5. If recycled asphalt aggregate is used for the parking, driveways, and outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. 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 bituminous asphalt. 6. If bituminous curb and gutter is used for the perimeter of the proposed parking, driveways, and outdoor storage areas, 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 City Council Meeting Minutes July 5, 2017 7 page this permit. If the material is determined to be inadequate, the City will require that it be replaced with concrete curb and gutter. 7. All storage areas shall be properly maintained to prevent deterioration. 8. The applicant shall acquire a private drainage easement from the neighboring property at 3388 Mike Collins Drive; legal address: Lots 21-24, Block 2, Eagandale Center Industrial Park No. 4 for ponding in a form acceptable to the City Attorney, or redesign the stormwater basin to keep all drainage on this parcel in a design acceptable to the City Engineer. This item shall be provided prior to issuance of a Grading Permit. 9. 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 (which includes areas likely to become compacted from expected use, such as all heavy equipment movement areas/lanes). 10. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide a Post -Construction Stormwater Operation and Maintenance Plan to the City, detailing expected maintenance and draw -down activities to ensure that no surface discharge of stormwater will leave the site. Adequately sized pre-treatment (4' minimum depth sumps with scour protection and adequately -sized floatables skimmer, etc.) shall be provided immediately upstream of stormwater management basin inlets to provide for effective capture and easily -accessible cleanout of coarse particles, fine -sand sized particles, organic material and floatable pollutants. Grading and permanent stabilization around catch -basin inlets (with sumps) shall be provided that ensures capture/conveyance of majority of impervious area stormwater runoff to basin by pipe and not overland across basin side -slope. All graded side -slopes shall be stabilized with appropriate permanent slope -stabilization measures to prevent any erosion. 11. Prior to receiving city approval to permit land disturbing activity, the property owner 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. 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.). 12. 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, including perpetual retention capacity and capability so that no surface discharge leaves the site/stormwater basin, of the permanent stormwater management system, in a form acceptable to the City Attorney. The applicant shall provide a Post -Construction Stormwater Operation and Maintenance Plan detailing expected maintenance and draw -down activities to ensure that no surface discharge of stormwater will leave the site. 13. Before the City returns any Stormwater-related Performance Guarantee Fees for the project, the applicant shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures and stormwater management facilities (sump depths/details, basin volume, pipe inverts/outfalls, etc.) conform to design and/or construction plans, as approved by the City. The applicant shall submit to the City Engineer certification that the City Council Meeting Minutes July 5, 2017 8 page 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. 14. 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 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. 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. A revised Tree Mitigation & Landscape Plan shall be provided prior to the earlier of issuance of a Grading Permit or release of the Conditional Use Permit for recording, subject to approval by City Staff, that 1) provides for required landscaping, 2) reduces the number of mitigation trees to be planted by upsizing some or all of the trees to Cat. A size, and/or 3) cash payment in partial fulfillment of mitigation that cannot otherwise be accommodated through on-site planting. The 2017 cash mitigation rate is $300 per each Cat. B tree. 17. The applicant shall provide a required Performance Guarantee in the amount of 100% of the cost of completion for all tree replacement mitigation. In addition, the applicant shall provide a Performance Guarantee per City Code in the amount of $9,425 to ensure survival of preserved trees within fifteen feet (15') of construction zones. 18. This Conditional Use Permit terminates and replaces the prior Conditional Use Permit on the property dated September 6, 2016. 19. Gravel shall not be used as a surface material for parking, driveways, and outdoor storage areas. Conditional Use Permit & Final Plat Eagan Gateway Business Park City Administrator Osberg introduced the item noting the Council is being asked to approve a Conditional Use Permit for outdoor storage of vehicles and equipment at 510 Lone Oak Road, to vacate public drainage and utility easement on Outlot A, Eagan Gateway Business Park Addition, and a Final Plat for Eagan Gateway Business Park 2nd Addition. City Planner Ridley gave a staff report and provided a site map. The applicant was available for questions. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit for outdoor storage of vehicles and equipment at 510 Lone Oak Road, subject to the following conditions: Aye:5 Nay:0 1. This Conditional Use Permit shall be recorded against the property at Dakota County within 60 days of the City Council's approval. 2. The property shall be re -platted from an Outlot to a Lot and Block legal description. 3. Outdoor storage shall be limited to 26 semi-trucks/trailers and the location shown on the Final Site Plan with the latest revision date of June 6, 2017. City Council Meeting Minutes July 5, 2017 9 page Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve vacate public drainage and utility easement on Outlot A, Eagan Gateway Business Park Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Final Plat for Eagan Gateway Business Park 2nd Addition. Aye: 5 Nay: 0 Receive Concept Plan for Lot 2, Block 1, Cedar Grove Parkway 4th Addition Community Development Director Hutmacher introduced the item noting on August 16, 2016, the EDA approved a sale and purchase agreement with JR Hospitality for the development of a Hilton Home 2 Suites Hotel on Lot 1, Block 1, Cedar Grove Parkway 4th Addition. The sale and purchase agreement for Lot 1, Block 1 included a provision for Right of First Refusal to purchase the adjacent Lot 2, Block 1, Cedar Grove Parkway 4th Addition for the development of a second hotel. Hutmacher noted although Kanda City Lodging, LLC is a new legal entity created for the development of Lot 2, the owners and developers are the same as for the Hilton Home 2 Suites and have expressed interest in purchasing the adjacent lot with similar terms of purchase as Lot 1. Because the legal ownership entity for Lot 2 will be different than Lot 1, a waiver of the First Right of Refusal has been received. Jay Bhakta, Representative for JR Hospitality, presented the concept plan. The Council received the concept plan for development of a hotel on Lot 2, Block 1, Cedar Grove Parkway 4th Addition and directed staff to negotiate a sale and purchase agreement with Kanda City Lodging, LLC. NEW BUSINESS There was no new business to be heard. LEGISLATIVE/ INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA CITY COUNCIL Mayor Maguire thanked the Funfest Committee, staff and volunteers for their role in making the Fourth of July Funfest a successful event. VISITORS TO BE HEARD There were no visitors to be heard. City Council Meeting Minutes July 5, 2017 10 page ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:33 p.m. Aye: 5 Nay: 0 IT Date 4— Mayor City Clerk