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2017-10-17 City Council MinutesMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota OCTOBER 17, 2017 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Hansen and Tilley. Councilmember Bakken was absent. A regular meeting of the Eagan City Council was held on Tuesday, October 17, 2017 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Hansen and Tilley. Councilmember Bakken was absent. Also present were City Administrator Osberg, Assistant City Administrator Miller, Director of Finance Pepper, Director of Communications Garrison, City Planner Ridley, Public Works Director Matthys, Parks & Recreation Director Pimental, Police Chief McDonald, City Attorney Dougherty, and Executive Assistant Stevenson. AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye:4 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: 4 Nay: 0 A. It was recommended to approve the minutes of the October 3, 2017 regular City Council meeting, as presented. B. Personnel Items: 1. It was recommended to accept the resignation of George Wexler, Police Officer, and authorize the recruitment and replacement of this position. 2. It was recommended to accept the resignation of Samwel Ombuki, Overnight ECC Custodian, and authorize the recruitment and replacement of this position. 3. It was recommended to authorize the hiring of an Overnight ECC Custodian, to be named. 4. It was recommended to authorize the hiring of a Streets Maintenance Worker, to be named. 5. It was recommended to accept the resignation of seasonal staff for Lifeguard, Pool Attendant, Cascade Bay Coordinator, Guest Relations, Fitness Instructor, Rec Assistant, Sound Tech, Civic Arena Building Attendant, Rec Leader, Park Maintenance, Park Laborer, Site Coordinator, Custodian ECC, Landscape Crew. 6. It was recommended to authorize the hiring of seasonal staff for Fitness Instructor, Rec Leader, Building Attendant III, and Guest Service Rep. City Council Meeting Minutes October 17, 2017 2 page C. It was recommended to ratify the check registers dated October 6 and October 13, 2017. D. It was recommended to approve the ordinary and customary contracts from One Source and Complex Media, Inc. E. It was recommended to reject all proposals for the sale of Fire Station #1 and authorize pursuit of new proposals for the sale of Fire Station #1. F. It was recommended to approve a resolution scheduling a public hearing for November 21, 2017 on an amendment to the 2016-2020 Facilities Capital Improvement Plan and on intent to issue Capital Improvement Bonds under Minnesota Statues, Section 475.521. G. Item was removed. H. It was recommended to receive the bids for Contract 17-06 (Digital Radio System Replacement), and award a contract to Ancom Communications, Inc. for the base bid in the amount of $143,321.76, authorize the Mayor and City Clerk to execute all related documents and authorize the purchase of associated radio models and accessories up to an amount not to exceed $31,678.24. I. It was recommended to approve the final payment for Contract 17-12 (Inflow and Infiltration Manhole Seals — Sanitary Sewer Improvements) in the amount of $18,660.00 to Ess Brothers & Sons, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. J. It was recommended to receive the bids for Contract 17-24 (Well 4 Rehabilitation — Water Improvements), and award a contract to E.H. Renner for the base bid in the amount of $32,415.00, and authorize the Mayor and City Clerk to execute all related documents. K. It was recommended to approve a Cost Share, Operation and Maintenance Agreement with Randy and Mary Kay Twito (3828 Hunters Overlook) to help implement a Shoreland and Upland Buffer Project at Bald Lake through the Water Quality Cost -Share Partnership Program and authorize the Mayor and City Clerk to execute all related documents. L. Item was removed. M. It was recommended to approve a Final Plat to adjust the lot line between two single-family lots located at 1556 and 1562 Highview Avenue. N. It was recommended to direct preparation of an Ordinance Amendment to City Code Chapter 5 regarding alcohol licensing for Lots 1 & 2, Block 1, Viking Lakes. O. It was recommended to approve a Final Planned Development for a 22,000 sf retail grocery store upon approximately 4.2 acres located south of Quarry Road and west of Central Parkway. P. It was recommended to approve a Preliminary Subdivision (Viking Lakes 2nd Addition) to create seven lots upon approximately 62 acres located at 2600 Vikings Circle, subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on July 1, 2014: Al, B1, B2, B3, B4, C1, C2, C4, E1, F1, G1, H1, 11, J1 2. The property shall be platted. 3. 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 City Council Meeting Minutes October 17, 2017 3 page 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. 4. All septic systems within the development should be abandoned in accordance with City and County standards. 5. This development shall meet all requirements of Minn. Rules Ch. 8420 and City Code §11.67 regarding and a proposed wetland replacement plan. 6. 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 soil remediation for the site's disturbed soils that are to be revegetated). 7. The applicant shall provide adequately sized pre-treatment (e.g. 4' sump with scour protection and skimmer hood, inlet filter structure, etc.) at, or immediately upstream of, all stormwater management facility (e.g. infiltration basin) inlets to provide for effective capture and easily -accessible cleanout of fine -sand sized particles and flbatable pollutants. Details shall be included in applicable plan sheet(s). 8. The applicant shall provide clear plans and details on how impervious surface runoff will enter proposed infiltration basins (e.g. curb -cuts, catch-basin/piping, etc.), specifically on Utility Plan and other appropriate plan sheets at all proposed individual drainage areas. 9. The applicant shall provide unobstructed maintenance equipment access paths (Without obstructions from grading, private utilities, trees/branches, large shrubs, etc.), from pavement -edge to all surface stormwater facilities' inlets/outlets. The unobstructed equipment access path shall be capable of fully supporting typical maintenance equipment, for periodic maintenance access to the surface storm water facilities. Verify that Landscape Plan does not conflict with this access requirement. 10. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide the City with soil boring logs from a minimum of four soil -borings within any proposed infiltration basin area, extending a minimum of 10' below the bottom of the proposed infiltration feature, to evaluate and ensure suitability for infiltration. 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 (e.g. over-excavation/soil-amendment depth, etc.) and/or follow Permissible Alternative Stormwater Volume Control Designs process if determined appropriate by the City Engineer, to ensure volume control requirements are fully met. 11. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide construction details of the proposed infiltration/filtration systems for City review/acceptance by the City Engineer and include in construction plans. Construction City Council Meeting Minutes October 17, 2017 4 page details shall include infiltration/filtration basin cross-section(s), construction sequencing/protection/restoration notes, sizing/volume tables, details for stable inlets/outlets/emergency overflows, details for pre-treatment, unobstructed inspection/maintenance access areas to inlets/outlets, soil amendment criteria, live planting, seeding & permanent erosion -control details, etc., to ensure infiltration/filtration practice is properly designed, constructed, planted, and adequately protected during / after construction to prevent clogging, and able to be properly maintained (e.g. unobstructed equipment access, etc.) to function as intended. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading Plan, Utility Plan, Landscape Plan, Details, etc.). 12. 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 greater 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.). 13. Prior to receiving a Certificate of Occupancy for any affected construction, Soil Management Strategy implementation documentation (e.g. representative on-site soil samples, compaction testing and soil organic content test results) shall be provided to City Water Resources staff to verify compliance with approved soil management strategy. City Water Resources staff shall be notified, with 24-hour advance notice, for inspection during soil amendment process, prior to installation of any irrigation, seeding or plant materials, to verify soil compliance. Provide plan sheet notes/instructions on all applicable plan sheets. 14. 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 0.8 -inch per hour or greater (but less than 8.0 -inch per hour). If the sub -soil infiltration rates are less than 0.8 -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 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 appropriate plan sheets). 15. 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 inspection and maintenance required to occur to ensure proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. City Council Meeting Minutes October 17, 2017 5 page 16. 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 (pre-treatment, infiltration practices, etc.), 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. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 17. All existing wells within the development shall be abandoned in accordance with City and County standards. 18. This development shall be designed to support broadband and fiber optic telecommunications networks. The applicant shall provide a plan to be approved by staff including development -owned vault(s) at an entry point(s) to the premises and a conduit system to provide fiber optic to all buildings in the development. The conduit system shall utilize a multi -partitioned inner duct system, or other comparable means, to accommodate multiple fiber optic service providers in the future. 19. Cross -easements for ingress/egress and shared parking shall be executed in a form acceptable to the City Attorney. 20. Private maintenance agreements for the private streets and utilities shall be provided, in a form acceptable to the City Attorney, at time of final subdivision approval. 21. The applicant shall enter into a "No Build" Agreement, in a form acceptable to the City Attorney, to comply with all Building Code requirements. Q. It was recommended to approve a Final Subdivision (Yankee Doodle Professional Building Second Addition) to create 2 commercial lots upon approximately 1.72 acres located north of Yankee Doodle Road and west of Central Parkway. R. It was recommend to approve Indefeasible Right to Use (IRU) fiber optic agreement with Dakota County for three separate segments within Eagan. PUBLIC HEARINGS There were no public hearings to be heard. OLD BUSINESS There was no old business to be heard. City Council Meeting Minutes October 17, 2017 6 page NEW BUSINESS Appeal of Right -of -Way Permit Denial City Attorney Dougherty introduced the item noting earlier this year Xcel Energy applied for a right-of- way permit to install a gas line on Ames Crossing Road. Following their application, the City denied the issuance of a permit. Under the City Ordinance, the applicant has the right to seek an appeal of that decision to the City Council. The Council can authorize the use of a hearing officer to hear the appeal and file a report to include findings of fact and a recommendation to the Council to either affirm or reverse the administrative decision. The engagement of a hearing officer would be done through the approval of a motion. Dougherty noted his office has been in contact with a number of individuals qualified to act as a hearing officer. He also noted the motion should include a requirement that the report from the hearing officer be delivered to the City Council no later than a specified regularly scheduled meeting. Representatives of Xcel Energy were present and available for questions. The Council discussed the appeal of the right-of-way permit denial. It was the consensus of the Council to move forward with engaging a hearing officer. Councilmember Fields moved, Councilmember Hansen seconded a motion to authorize the City Administrator to engage a hearing officer for the purpose of hearing Xcel Energy's Appeal of the Denial of the Right -of -Way Permit and require the hearing officer to file a report with findings and a recommendation to the City Council no later than November 21, 2017. Aye: 4 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA There was no administrative agenda 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 6:45 p.m. Aye: 4 Nay: 0 City Council Meeting Minutes October 17, 2017 7 page Date Mayor City Clerk