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2017-12-05 City Council MinutesMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota DECEMBER 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 regular meeting of the Eagan City Council was held on Tuesday, December 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 Finance Pepper, Assistant Finance Director Feldman, Director of Communications Garrison, City Planner Ridley, Public Works Director Matthys, Assistnat City Engineer Nelson, Parks & Recreation Director Pimental, Director of Community Development Hutmacher, Fire Chief Scott, 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 Hansen seconded a motion to approve the consent agenda as presented: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of November 14, 2017 Special City Council meeting, and November 21, 2017 regular City Council meeting, as presented. B. Personnel Items: 1. It was recommended to authorize the termination of seasonal employees: Kevin Sturgeleski, Tree Inspector and Joshua Thompson, Park Maintenance. 2. It was recommended to approve the Memorandum of Understanding between the City of Eagan, Minnesota and Law Enforcement Labor Services, Inc. representing Police Officers. C. It was recommended to ratify the check registers dated November 17 and November 22, 2017. D. It was recommended to approve the ordinary and customary contracts with HealthPartners Administrators, Inc. E. It was recommended to approve a resolution to accept a donation from Crossroads Church and Keith Maiz. F. It was recommended to approve a resolution renewing existing alcohol licenses for 2018. G. It was recommended to approve a resolution directing the City Clerk to issue 2018 alcohol licenses renewals upon the licensees' submission of renewal documents and fees. City Council Meeting Minutes December 5, 2017 2 page H. It was recommended to approve a manager change of the On -Sale Liquor License issued to EI Parian Mexican Restaurant of Eagan, LLC doing business as EI Parian Mexican Restaurant, 1960 Cliff Lake Road Suite 117. I. It was recommended to approve a resolution designating 2018 precincts and polling places. J. It was recommended to schedule a public hearing for December 19, 2017 to consider fees and charges for 2018. K. It was recommended to approve the proposed 2018 and 2019 Enterprise Fund budgets for Public Utilities (Water, Sanitary Sewer, Street Lighting, and Storm Drainage/Water Quality), Cascade Bay, Civic Arena, Community Center and Fiber Infrastructure (AccessEagan). L. It was recommended to approve the 2018 budget for the following Special Revenue Funds: Housing Fund, DWI Forfeiture Fund, MIF Revolving Loan Fund, Cable TV Franchise Fees Fund, E- TV Fund, and Cedar Grove Parking Garage Fund. M. It was recommended to approve the 2018 Eagan Convention and Visitors Bureau Budget. N. It was recommended to approve the 2018-2022 Facilities Renewal & Replacement (R&R) Capital Improvement Plan (CIP) and the 2018 budget within that plan. O. It was recommended to approve the 2018-2022 Vehicles and Equipment Capital Improvement Plan (CIP) and the 2018 budget within that plan. P. It was recommended to approve Change Order No. 1 for Contract 17-07 (Citywide Trail & Parking Lot Improvements), and authorize the Mayor and City Clerk to execute all related documents. Q. It was recommended to approve a Stormwater Management System Maintenance Agreement with Cedar Bluff Townhome Condominium Association, Inc., for property located at Hill Ridge Drive, River Bluff Court, River Bluff Drive, and Valley Ridge Drive ( a portion of Lot 12, Block 1, Robert Karatz Addition identified as common elements under CIC 358), and authorize the Mayor and City Clerk to execute all related documents. R. It was recommended to acknowledge Eagan as the recipient of the 2017 Tree City USA Award from the National Arbor Day Foundation, and approve the Arbor Day Resolution setting Wednesday, May 17, 2017 as Arbor Day and May 2017 as Arbor Month in the City of Eagan for 2017; and Wednesday, May 16, 2018 as Arbor Day and May 2018 as Arbor Month in the City of Eagan for 2018. S. It was recommended to approve a transfer of $1,500,000 from the General Fund to the Equipment Revolving Fund. T. It was recommended to approve a transfer of $2,223,726 from the Public Utilities Fund to the Civic Arena Fund to pay off an interfund loan. U. It was recommended to approve an Easement Vacation of public drainage and utility easements within Dakota County Right -of -Way Map #272, and to approve a Final Subdivision (Danner Family 15Y Addition) to create one lot and an outlot upon approximately 10 acres located in the SE % of Section 12, east of Dodd Road and south of Yankee Doodle Road. V. It was recommended to approve a Final Subdivision (Viking Lakes 2"d Addition) to create seven lots upon approximately 62 acres located at 2600 Vikings Circle., and to approve Easement Vacations of public drainage and utility easements within Lots 1 & 2, Outlot B Viking Lakes. W. It was recommended to approve a Final Planned Development to allow a 4 -story 87 -unit hotel upon approximately 2.24 acres located at 1325 Corporate Center Curve. X. It was recommended to schedule a public hearing for Tuesday, December 19, 2017 for consideration of a Comcast Cable Television Franchise Agreement and Ordinance and to receive any public comment. City Council Meeting Minutes December 5, 2017 3 page Y. It was recommended to approve a Planned Development Amendment to allow a fitness center (boxing club) located at 3565 Pilot Knob 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 2. To enhance pedestrian connections, a sidewalk between the site and the trail along Pilot Knob Road shall be added, consistent with the approved Site Plan. 3. The applicant shall be responsible for obtaining any required permits from other agencies. 4. All signs shall comply with City Code standards, and a Sign Permit is required prior to any installation or replacement of any signs. PUBLIC HEARINGS Proposed 2018 Budget and 2018 Property Tax Levy City Administrator Osberg introduced the item noting the State requires cities over 2,500 in population to hold a public hearing on their proposed budget and tax levy for next year. State law now allows the Council to approve the budget on the same night of the hearing if it so chooses. To communicate budget initiatives and service level impacts, community outreaches included a "Budget Game Day" event where staff fielded live questions from Facebook viewers was broadcasted on November 28, and a presentation was given to the Rotary Club on November 29. If the Council chooses not to approve the 2018 budget and tax levy tonight, the Council will need to take action at the December 19, 2017 City Council meeting. Finance Director Pepper gave a presentation covering the topics that are required to be presented at the hearing under Truth -in -Taxation laws. Pepper noted budget information was also prepared for 2019 as part of the City's new two-year budget process. No action is requested for the 2019 budget tonight. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Bakken seconded a motion to close the public hearing and approve the 2018 General Fund budget of $36,148,800 and approve a resolution adopting the final General Levy of $34,721,942. Aye: 5 Nay: 0 Variances — 4565 Erin Lane (McDonald's) City Administrator Osberg introduced the item noting the applicant is proposing to raze the existing building and build a new 4,418 SF restaurant with a side-by-side drive through. The Council is being asked to consider three Variances. The first is a Variance to allow a reduction in parking, a Variance to the pylon sign total height and a Variance to the size of the pylon sign face at 4565 Erin Drive. City Planner Ridley gave a staff report and provided a site map. City Council Meeting Minutes December 5. 2017 4 page The applicant, Tom Butler was available for questions. He stated his excitement about the reinvestment of the property and provided a brief summary of the request. The Council discussed the variances. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Variance of 27 parking stalls for property located at 4565 Erin Drive, subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. Site development shall be implemented consistent with the plans dated October 16, 2017. 3. A Building Permit is required prior to commencing construction. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Variance of 23' to allow a 50' tall pylon sign for property located at 4565 Erin Drive, subject to the following conditions: Aye:S Nay:O 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. A Sign Permit shall be obtained from the City prior to installation of the sign. 3. The pylon sign shall not exceed 50' in height and shall comply with all other City Sign Code requirements. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Variance of 31 SF to allow a 156 SF sign face for a pylon sign located at 4565 Erin Drive, subject to the following conditions: Aye:5 Nay:0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. A Sign Permit shall be obtained from the City prior to installation of the sign. The pylon sign shall not exceed 156 SF in sign area and shall comply with all other City Sign Code requirements. City Council Meeting Minutes December 5, 2017 5 page Project 1258, Galaxie Avenue Street Improvements Project 1259, Heine 1st Addition Street Improvements Project 1260, Evergreen Park Addition Street Improvements Project 1261, Wilderness Run 4th, 5th, and 6th Additions Street Improvements Assistant City Engineer Nelson introduced the item noting as part of Eagan's Street Revitalization Project, the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. Nelson gave a combined staff report and presentation on the following street improvements: Project 1258 — Galaxie Avenue, Project 1259 — Heine 1st Addition, Project 1260 — Evergreen Park Addition, and Project 1261— Wilderness Run 4", Stn, & 6" Additions. Mayor Maguire opened the public hearings. Janet Linkert, 4255 Pilot Knob Road, addressed the Council regarding Project 1260 and her assessment. Gene Johnson, Balsam Street, addressed the Council, questioning the need for the street improvements. Staff responded to the questions. There being no further public comment, Mayor Maguire turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Fields seconded a motion to close the public hearing and approve Project 1258 (Galaxie Avenue) , Project 1259 (Heine 1St Addition), Project 1260 (Evergreen Park Addition), and Project 1261 (Wilderness Run 4th, 5th, & 6th Additions) as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 OLD BUSINESS Direct Findings & Decision to Approve or Deny the Appeal to Overturn the Issuance of Zoning Permit in Connection with a Solar Array Structure at 3330 Dodd Road Mayor Maguire introduced the item noting on August 2, 2017, Eagan Community Development staff issued a Zoning Permit in connection with the installation of a solar array structure at 3330 Dodd Road. By letter dated October 30, 2017, resident Bridget Bataglia delivered an appeal of the issuance of the Zoning Permit. The City Council acting as the Eagan Board of Adjustments & Appeals took testimony regarding the appeal on November 21, 2017 and continued the action to December 5, 2017. It was noted that Bridget Bataglia and Danny Kieffer have provided correspondence relative to their discussion on proposed screening. Mayor Maguire noted additional written information was provided but was not made part of the record as the hearing has been closed on November 21. Mayor Maguire asked Bridget Bataglia if she was continuing with the appeal or withdrawing the appeal. She stated she was continuing with the appeal. Mayor Maguire noted the Board had held the hearing and does not anticipate taking any additional testimony. The Council has two options 1) to direct Findings & Decision to deny the appeal and affirm issuance of zoning permit for installation of the solar array structure, or 2) to direct Findings & Decision to approve the appeal and overturn (deny) issuance of zoning permit for installation of the solar array structure. It was noted in order to affirm the permit, it requires three votes of the Board, and in order to deny the permit it requires four of the five votes. The Council discussed the solar array structure and noted that City staff's review and issuance of the Zoning Permit was consistent with City Code standards. City Council Meeting Minutes December 5. 2017 6 page Mayor Maguire moved, Councilmember Tilley seconded a motion to direct Findings & Decision to deny the appeal and affirm issuance of Zoning Permit for installation of the solar array structure. Aye: 5 Nay: 0 Ordinance Amendment — An Ordinance Amendment to City Code Chapter 6.39 Regarding Massage Therapy Regulations City Administrator Osberg introduced the item, noting at its October 3, 2017 meeting, the City Council directed staff and the City Attorney to prepare a massage therapy ordinance amendment. At the November 14 Work Session staff walked through the proposed changes to the ordinance amendment. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve an ordinance amendment to City Code Chapter 6.39 regarding massage therapy regulations and direct publication of an ordinance amendment summary. Aye: 5 Nay: 0 The Council took a 15 minute break. NEW BUSINESS Rezoning, Preliminary and Final Planned Development — Fairfield Inn & Suites City Administrator Osberg introduced the item noting the Council is being asked to consider rezoning from CDG (Cedar Grove District to PD (Planned Development) for Lot 2, Block 1, Cedar Grove Parkway 5th Addition, a Preliminary Planned Development to allow a four-story, 107 -room hotel upon Lot 2, Block 1, Cedar Grove Parkway 4th Addition. Osberg noted the EDA has entered into a purchase agreement to sell the property to Kanda City Lodging, LLC for development of a hotel. City Planner Ridley gave a staff report and provided a site map. The applicant was available for questions. The Council discussed the rezoning and preliminary planned development. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Rezoning from CGD (Cedar Grove District) to PD (Planned Development) for Lot 2, Block 1, Cedar Grove Parkway 4th Addition, located along Cedar Grove Parkway between Fen Way and River Valley Way. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Preliminary Planned Development to allow a four-story, 107 -room hotel upon Lot 2, Block 1, Cedar Grove Parkway City Council Meeting Minutes December 5, 2017 7 page 4th Addition, located along Cedar Grove Parkway between Fen Way and River Valley Way, subject to the following conditions as amended: Aye: 5 Nay: 0 1. A Final Planned Development Agreement shall be executed for the development prior to issuance of a building permit. The following plans are necessary for the Final Planned Development Agreement: • Final Site Plan • Final Building Elevations • Final Site Lighting Plan • Final Landscape Plan • Final Signage Plan 2. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. 3. Rooftop mechanical units shall be shown on the plans submitted for Building Permit, with screening provided in accordance with City Code requirements. 4. Trash storage shall be located within the building or within an enclosure attached to the building and fully screened from off-site views. 5. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to final subdivision approval. 6. 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. 7. All personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 8. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 9. 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. 10. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 11. Any construction activities that damage public infrastructure shall be restored or by the applicant in a manner acceptable to the City Engineer. 12. A private access agreement shall be required to allow access and circulation between Lots 1 and 2 in a form acceptable to the City Attorney. 13. The applicant shall be responsible to reconstruct the trail along Cedar Grove Parkway in a manner acceptable to the City Engineer. 14. No construction equipment or vehicles shall use the Cedar Grove Parking Garage during development of this site. 15. All perimeter construction fencing shall be installed a minimum of 5' behind the curb. 16. No construction staging or construction activities shall occur in the right-of-way. 17. No lane or shoulder restrictions shall occur on any adjacent roadways without prior approval by the City Engineer. City Council Meeting Minutes December 5, 2017 8 page 18. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). The applicant shall provide a civil drawing plan for outside plant (including handholes and conduit path) work as well as an electrical plan for inside plant work to be reviewed and approved by City staff. This development shall include the installation of fiber optic cable in its construction plans at the time of Building Permit. 19. The applicant shall extend the streets lights along Cedar Grove Parkway adjacent to the site. 20. Landscaping trees shall be planted in the City right-of-way between the curb and trail along Cedar Grove Parkway, and/or on adjacent property by the developer, in a manner acceptable to the City Forester, and consistent with the other developed areas along Cedar Grove Parkway. 21. The developer shall obtain all outside agency permits as necessary for completion of the site improvements. 22. All site lighting shall be shielded and downcast, and illumination consistent with CGD zoning standards. The mounting height for site lighting shall not exceed the CDG maximum of 20 feet. Preliminary Subdivision (Town Centre 70 Twenty Third Addition), And Conditional Use Permits — Epic Real Estate Partners LLC City Administrator Osberg introduced the item noting the applicant is proposing to subdivide the site into two lots and build a 6,000 SF multi -tenant retail building. The Council is being asked to consider a Preliminary Subdivision to create two lots upon approximately 6.8 acres and three Conditional Use Permits to allow outdoor patio dining, a drive-through facility, and an on -sale liquor upon property located at 1276 Town Center Drive. City Planner Ridley gave a staff report and provided a site map. The applicant was available for questions. The Council discussed the preliminary subdivision and conditional use permits. Mayor Maguire opened the public comment. Bruce Goff, 4557 Oak Chase Circle, addressed the Council with his concern regarding the preliminary subdivision. There being no additional public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Preliminary Subdivision (Town Centre 70 Twenty Third Addition) to create two lots upon approximately 6.8 acres located at 1276 Town Centre Drive, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: B1, B2, C1, C2, C4, E1, F1, G1 and H1. 2. The property shall be platted. City Council Meeting Minutes December 5, 2017 9 page 3. The plans shall be revised at time of Building Permit submittal to meet City Code requirements pertaining to four-sided architecture with building material percentages being met on each building fagade and labeled with cardinal directions. 4. Building identification numbers shall be installed consistent with City Code Section 2.78. 5. The rooftop mechanical equipment shall meet screening requirements per City Code. 6. The trash enclosure shall be located on the Elevation Plan and constructed of materials to match the building, with an opaque gate that is compatible with the building finish materials. 7. The Landscape Plan shall be revised to include an updated plant schedule that matches the proposed plantings. 8. If tree mitigation is determined to not be warranted, the Landscape Plan shall be revised to balance the location of the proposed trees. 9. The applicant shall submit a revised Tree Inventory and Tree Preservation and Mitigation Plans as necessary. This shall be in addition to any landscape requirement. 10. Building and freestanding signage shall comply with City sign ordinance requirements. 11. The monument sign shall be set back 10' from the sidewalk easement as required by City Code. 12. The base of the monument sign shall be constructed of the same brick to match the principal structure. 13. This development shall be responsible for a cash trails dedication for the net increase of one commercial lot collected prior to release of the plat for recording. 14. 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. 15. Private utility easements and/or maintenance agreements for the private storm sewer shall be provided in a form acceptable to the City Attorney. 16. This development should provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 17. The applicant shall provide an easement or agreement for any work being performed on private property, in a form acceptable to the City Attorney. 18. The applicant shall obtain a right of way permit for any work within Town Centre Drive, and provide a traffic control plan and detour route in a manner acceptable to the City Engineer. 19. The applicant shall restore the street, curb and gutter, and boulevard in a manner acceptable to the City Engineer. 20. The applicant shall construct the sidewalk from the proposed building to the existing Cub Foods and to Town Centre Drive as identified on the Parking Summary Plan. 21. Shared easements for ingress/egress and cross -parking shall be executed in a form acceptable to the City Attorney. 22. All existing privately owned and maintained utilities, and all new utilities proposed with the subdivision, shall be privately owned and maintained. City Council Meeting Minutes December 5, 2017 10 page 23. The drainage and utility easement proposed to be dedicated over the existing private storm sewer on Lot 1 shall be removed. 24. 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 proposed impervious surface area (or equivalent water quality treatment through filtration) and any other disturbed soils that are not remediated following an approved Soil Management Strategy. 25. The applicant shall provide adequately sized pre-treatment sumps (4' min. sump depth with skimmer hood, with scour protection and skimmer hood, etc.) immediately upstream of inlets into the underground stormwater chamber system, and for any off-site discharge from the constructed site, to provide for effective capture and easily -accessible cleanout of fine -sand sized particles and floatable pollutants. Pre -Treatment for the underground chamber system shall also include an appropriately -sized header row. Details shall be included in applicable plan sheet(s). 26. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide to the City a minimum of three soil boring logs within the footprint of the proposed underground stormwater infiltration area, extending a minimum of 10' below the bottom of the proposed infiltration 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. 27. 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, to comply with Volume Control requirements. 28. 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, in a form acceptable to the City Attorney. 29. During over-excavation/sub-soil work for the underground stormwater infiltration chamber system, 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 0.5 -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 with strategy for design adjustment to ensure volume control requirement compliance. 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) City Council Meeting Minutes December 5, 2017 11 page 30. 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 (infiltration basins, etc.) conform to design and/or construction plans, as approved by the City. As -built volumes for retention shall be provided for the filtration system. 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. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to allow outdoor patio dining upon property located at 1276 Town Centre Drive, subject to the following 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 • Patio Plan 2. The outdoor dining patio shall provide outdoor seating of not more than 48 seats as shown on the Patio Plan. 3. A detailed Fence Plan that meets City Code requirements shall be submitted with the Building Permit. 4. The outdoor dining area shall be kept in a clean and orderly manner. No food or beverages shall be stored outdoors, unless a suitable means for such storage has been reviewed and approved by the City. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to allow a drive-through facility upon property located at 1276 Town Centre Drive, subject to the following conditions: Aye: 5 Nay: 0 1. 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. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow on -sale liquor upon property located at 1276 Town Centre Drive, subject to the following conditions: Aye: 5 Nay: 0 1. 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. 2. A liquor license shall be obtained from the City for the restaurant. On -sale liquor sales also shall comply and be operated in accordance with all relevant state laws and regulations. 3. A detailed Fence Plan that meets City Code requirements and state laws and regulations shall be submitted with the Building Permit. City Council Meeting Minutes December 5, 2017 12 page 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. VISITORS TO BE HEARD ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 9:06 p.m. Aye: 5 Nay: 0 &�Yvk Mayor �A& City Clerk