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12/17/2019 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota DECEMBER 17, 2019 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 17, 2019 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, Public Works Director Matthys, Assistant City Engineer Nelson, Community Development Director Hutmacher, City Planner Schultz, Parks and Recreation Director Pimental, Communications and Engagement Director Ellickson, Finance Director Pepper, Assistant Finance Director Feldman, Fire Chief Scott, Police Chief New, City Attorney Dougherty and Executive Assistant Stevenson. AGENDA Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentation to be heard. CONSENT AGENDA Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the consent agenda as presented: Aye: 5 Nay: 0 A. It was recommended to approve the December 3, 2019 regular City Council minutes as presented or modified. B. Personnel Items: 1. It was recommended to accept the resignation of Dan Brettschneider, Code Enforcement/Property Maintenance Technician, and authorize replacement. 2. It was recommended to approve adjustments to the City Administrator's 2020 compensation to meet restrictions imposed by the State of Minnesota. 3. It was recommended to approve a Memorandum of Understanding regarding language clarification between the City of Eagan and the Teamster's Local #320 — Public Works & Parks Maintenance Unit. 4. It was recommended to approve the hiring of the following people as full time Fire Fighters:: Paul Burgett, Leon Chambers, Jacob Cordt, Danielle Fasching, Keegan Geske, James Guy, Natalie Holter, Santiago Huerta, Joseph Johns, Treyner Juelsgaard, Rob Kewitsch, Joseph King, Douglas Lattery, Robert Morris, Kevin Teat, Nicholas Wegner, and Leroy Ysquierdo. 5. It was recommended to approve the internal promotions of full time Fire Fighters to full time Captains in the Fire Department: Tyler Moyna, Dan Bonin, Andrew Klees, Jessica Hoffman, Kevin Kiewatt, and Jeff Bahrke. City Council Meeting Minutes December 17, 2019 2 page 6. It was recommended to approve the hiring of Sara Foster, Clerical Technician 4 to work in the Utilities Division. 7. It was recommended to approve the Drug and Alcohol Clearinghouse language to be added to the City's Drug and Alcohol testing policy. 8. It was recommended to approve change to the ETV Cablecaster pay policy for cancelled events. C. It was recommended to ratify the check registers dated November 29 and December 6, 2019. D. It was recommended to approve the ordinary and customary contract with the Minnesota State Arts Board, City County Credit Union, AVI Systems, Inc., Apple Software, Minnesota Media Arts, and Street Factory Media. E. It was recommended to approve the contract to perform financial management services for the Dakota County Drug Task Force. F. It was recommended to accept the 2020 Minnesota Department of Public Safety grant for $275,546 on behalf of the Dakota County Drug Task Force. G. It was recommended to approve the final payment for Contract 19-03 (Surrey Heights Drive / Donald Avenue - Streets and Utilities Rehabilitation) in the amount of $118,803.95 to Ryan Contracting Co. and accept the improvements for perpetual City maintenance subject to warranty provisions. H. It was recommended to receive the Draft Feasibility Report for Project 1372 (Vienna Woods - Street Improvements) and schedule a public hearing to be held on January 21, 2020. I. It was recommended to receive the Draft Feasibility Report for Project 1373 (Hilltop Estates - Street Improvements) and schedule a public hearing to be held on January 21, 2020. J. It was recommended to receive the Draft Feasibility Report for Project 1374 (Wilderness Park - Street Improvements) and schedule a public hearing to be held on January 21, 2020. K. It was recommended to receive the Draft Feasibility Report for Project 1375 (Oak Chase 1St -5th Additions - Street Improvements) and schedule a public hearing to be held on January 21, 2020. L. It was recommended to receive the Draft Feasibility Report for Project 1376 (Oak Bluffs - Street Improvements) and schedule a public hearing to be held on January 21, 2020. M. It was recommended to approve a Joint Powers Agreement between nine cities for Trail Maintenance Contractual Services and authorize the Mayor and City Clerk to execute all related documents. N. It was recommended to approve the updated Sperry Tower Lighting Schedule. 0. It was recommended to approve a one-year extension of Variance approval allowing construction of a 1,500 square foot accessory structure upon property located at 3640 Elrene Road. P. It was recommended to approve Change Order #14 for Project 18-06, Police Department and City Hall Renovation. Q. It was recommended to approve a resolution directing the City Clerk to issue 2020 alcohol license renewals upon the licensees' submission of renewal documents and fees. R. It was recommended to direct preparation of an ordinance amendment to City Code Chapter 6 regarding tobacco regulations. S. It was recommended to acknowledge Eagan as the recipient of the 2018 Tree City USA Award from the National Arbor Day Foundation, and approve the Arbor Day Resolution setting Wednesday, May 13, 2019, and Wednesday, May 15, 2020, as Arbor Day and May 2019 and 2020 as Arbor Month in the City of Eagan. T. It was recommended to approve an On -Sale Liquor and Sunday License for Osman Properties, Inc. doing business as Lost Spur Golf and Event Center, located at 2750 Sibley Memorial Highway. City Council Meeting Minutes December 17, 2019 3 page PUBLIC HEARINGS 2020 Fee Schedule City Administrator Osberg introduced the item noting the Council is being asked to approve the 2020 Fee Schedule establishing the fees for various City services, supplies and materials. Assistant Finance Director Feldman shared several of the proposed changes for the 2020 Fee Schedule. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to close the public hearing and adopt a resolution approving the 2020 Fee Schedule establishing fees for various City services, supplies and materials. Aye: 5 Nay: 0 Street Improvements for: Project 1364, Highview Acres / Spande / Valley View Plateau Project 1365, McKee 1St— 3rd Additions Project 1367, Duckwood Estates Project 1368, Duckwood Trail Project 1369, Royal Oaks Project 1370, GVR Acres / Rathman Addition Public Works Director Matthys noted a structural mill and overlay of these streets are programmed for 2020 in the City of Eagan's 5 -Year CIP (2020-2024). Assistant City Engineer Nelson gave an overview of the Street Improvements for Projects 1364, 1365, 1367, 1368, 1369 and 1370. Nelson noted the draft Feasibility Reports were presented to the City Council on November 19, 2019, with the public hearings scheduled for December 17, 2019. Mayor Maguire opened the public hearings. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Fields seconded a motion to close the public hearings and approve Street Improvements for Project 1364, Highview Acres / Spande / Valley View Plateau, Project 1365, McKee 11t — 3rd Additions, Project 1367, Duckwood Estates, Project 1368, Duckwood Trail, Project 1369, Royal Oaks, and Project 1370, GVR Acres / Rathman Addition as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 OLD BUSINESS There were no old business items to be heard. City Council Meeting Minutes December 17, 2019 4 page NEW BUSINESS Planned Development Amendment — Venstar LLC City Administrator Osberg introduced the item noting the Council is being asked to consider approval of a Planned Development Amendment to allow multiple buildings, an 8,000 square foot daycare and a 20,600 square foot multi -tenant building including a bank with drive-through service, a coffee shop with drive-through service, a fitness center and office uses upon five acres located at 855 Vikings Parkway. City Planner Schultz gave a staff report and provided a site map. Brenda Quaye, Venstar LLC, introduced herself and her team and was available for questions. The Council discussed the Planned Development Amendment request. 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 multiple buildings, an 8,000 square foot daycare and a 20,600 square foot multi -tenant building including a bank with drive-through service, a coffee shop with drive- through service, a fitness center, two (2) restaurants, and office uses upon five (5) acres located at 855 Vikings Parkway, subject to the following conditions: Aye: 5 Nay: 0 Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. The following plans are required for the Agreement. a. Final Site Plan b. Final Building Elevations c. Final Landscape Plan d. Final Lighting Plan 2. This Planned Development Amendment shall have a three-year term. 3. The bank drive-through shall be redesigned to provide stacking for at least five vehicles. 4. The plaza area shall be enclosed with a fence if it contains more than 24 seats. A seating plan and fence plan for enclosing the area shall be provided for incorporation into the Planned Development Amendment Agreement. 5. All rooftop equipment shall be shown on the Building Elevations drawings at the time of Building Permit application to demonstrate effective screening of rooftop equipment. 6. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. 7. A Sign Permit shall be obtained for all signs prior to installation. 8. Building signage shall be subject to City Sign Code standards for Business Park zoning, including that signage shall not exceed 10% of the gross wall area. 9. A revised Final Landscape Planting Plan should be provided for incorporation in the Planned Development Agreement. The revised Landscape Plan shall include tree mitigation plantings, identify specific species assigned to the graphic portion of the plan, and include quantity counts in the landscape schedule. City Council Meeting Minutes December 17, 2019 5 page 10. Landscape screening of the easterly drive-through stacking lane shall be added along the south and east sides of the drive lane. 11. The Final Landscape Plan shall ensure no conflict between the parking island trees and the parking lot lighting. 12. The developer shall be responsible for required mitigation in the amount of six (6) Cat. B trees or equivalent Category A or Category C trees). 13. Prior to issuance of any land disturbance permit, a performance guarantee shall be required for preservation of trees within 15' of the construction zone in accordance with the City Code. 14. Tree protection fencing shall be installed at the edge of the Critical Root Zone or at the drip line, whichever is greater, of trees to be preserved. 15. The applicant shall contact the Forestry Division and set up a pre -construction site inspection at least five (5) days prior to the issuance of a of the Tree Protection Fencing at least five (5) days prior to issuance of a Grading Permit or other land disturbance permit. 16. The Site Lighting Plan shall be revised to achieve an average to minimum ratio of not more than 4.0 footcandles. 17. 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. 18. This development shall comply with Eagan's Land Disturbance Stormwater Pollution Prevention and 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 effective retention of the site's new and fully -reconstructed impervious surface area (including effective soil remediation for all of the site's disturbed soils that are to be revegetated). 19. This development shall install and maintain appropriate temporary erosion and sediment control practices associated with any encroachments into the conservation easement. Physical barriers shall be provided around the perimeter of the conservation easement to prevent unauthorized encroachment into the conservation easement during construction activities. 20. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide to the City with soil borings within the footprint of each proposed infiltration area, extending a minimum of 10' below the bottom of each proposed infiltration feature with continuous sampling, to evaluate and ensure suitability for infiltration, including depth to saturated soils. Provide a minimum of 4 soil borings in Underground Tank 1 footprint, minimum of 2 soil borings in Underground Tank 2 footprint, and minimum of 2 soil borings in the Infiltration Basin footprint. If the soil boring logs indicate incompatibility of existing sub -soil permeability, or shallow groundwater conflict, 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 mitigated impervious drainage area, to the satisfaction of the City Engineer. 21. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide construction details of the proposed infiltration basin for City review/acceptance by the City Engineer and include in construction plans. Construction details shall include infiltration basin cross-section(s), construction sequencing/protection/restoration notes, sizing/volume tables to demonstrate compliance with minimum volume control retention including detailing drainage City Council Meeting Minutes December 17, 2019 6 page areas for basin, details for stable inlets/outlet/emergency overflow, sub -soil ripping of 18 -inch depth minimum x 18 -inch maximum spacing, under -drain with adjustable shut-off valve, soil amendment criteria, planting details (including live planting at 18 -inch on -center spacing with seeding of all basin bottoms, and seeding of side -slopes), permanent erosion -control details, etc., to ensure the infiltration basin 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. Grading Plan, Utility Plan, etc.). Notes shall be provided that grading and utility contractor(s) shall provide 24 -hours advance notice of any grading or utility work involving the proposed infiltration basin system, including installation of pre-treatment sump, inlet, outlet. 22. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide underground stormwater infiltration system details, including that a) an off-line bypass to prevent construction stormwater from entering the perforated pipe galleries shall be provided until drainage area stabilization, b) non -perforated header pipe (appropriately sized) is provided at any stormwater inlet point into the underground systems, c) sub -soils shall have appropriate composition and minimal compaction to ensure adequate infiltration capability, d) provide at least one inspection manhole for every header row and at least one inspection manhole on each perforated pipe row for inspection and maintenance. 23. 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. 24. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall demonstrate that all stormwater management practices are cleaned of any construction sediment and performing as intended and shall provide the City Engineer as -built plans meeting City requirements for as -built standard submittals that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sump(s), pipe galleries, etc.), including soil loosening & amendment prior to landscaping, conform to design and/or construction plans, as approved by the City. Documentation (with photos/video) of final inspection of clean underground pipe gallery system, pre-treatment structures anti contributing stormsewer shall be provided to the City Engineer. 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. 25. The applicant shall enter into an encroachment agreement to allow for the installation of the storm sewer and grading and restoration activities, in a form acceptable to the City Attorney, prior to issuance of a Building Permit or other land disturbance permit. 26. he sanitary sewer shall be extended to the north property line to allow for connection by the properties to the north. 27. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 28. The applicant shall modify the median, striping, and signage on Vikings Parkway to accommodate a left turn lane into the site, in a manner acceptable to the City Engineer. 29. The applicant shall be responsible to restore the landscaping, irrigation, and street lighting in the Vikings Parkway median in a manner acceptable to the City Engineer. City Council Meeting Minutes December 17, 2019 7 page 30. The applicant shall provide a contractor parking plan in a form acceptable to the City Engineer, prior to the approval of the building permit. 31. The applicant shall dedicate additional drainage and utility easements to cover the public sanitary sewer and storm sewer being constructed with this development, in a form acceptable to the City Attorney. 32. All entrance monuments shall be relocated out of drainage and utility easements. 33. This development is subject to cash park and trail dedications, payable at the time of Building Permit at the rates then in effect. Preliminary Subdivision (Central Park Commons 5th Addition) and Final Planned Development — CPC Development LLC City Administrator Osberg introduced the item noting the Council is being asked to consider a Preliminary Subdivision (Central Park Commons 5th Addition) to create three lots upon approximately 8.13 acres and a Final Planned Development for a full-service restaurant with on -sale liquor on Lot 1, Block 1, Central Park Commons 5th Addition on property located at the southwest corner of Central Parkway and Pilot Knob Road. City Planner Schultz gave a staff report and provided a site map. John Johannson, CSM Corporation, introduced his team and provided background of Central Park Commons on their efforts to add sit-down restaurants to the commercial center and was available for questions. The Council discussed the Preliminary Subdivision and Final Planned Development request. Mayor Maguire opened the public comment. There being -no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision (Central Park Commons 5th Addition) to create three lots upon approximately 8.13 acres located at the southwest corner of Central Parkway and Pilot Knob Road, subject to the following conditions: Aye:5 Nay:0 1. The applicant shall comply with these standards conditions of plat approval as revised by Council on July 1, 2014: Al, C1, C2, C4, E1 2. The property shall be platted. 3. 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. 4. 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. 5. 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. City Council Meeting Minutes December 17, 2019 8 page 6. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 7. The applicant shall enter into an encroachment agreement for any retaining walls and the water feature and its related equipment located in a drainage and utility easement, in a form acceptable to the City Attorney. 8. This development is subject to the 2015 Tree Preservation Plan for Central Park Commons. The applicant shall confirm that all mitigation trees have been installed, and if any are missing within the current Outlot C, they should be installed at this time with development of proposed Lot 1. Any required mitigation trees shall be shown on the Landscape Plan and identified as such. 9. The landscape and water feature shall be completed along the entire eastern edge of the site with construction of the first restaurant building. 10. In accordance with the 2015 Park Dedication Agreement, park dedication shall be through cash payment at the time of Building Permit application at the rates then in effect. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Final Planned Development for a full-service restaurant with on -sale liquor on Lot 1, Block 1, Central Park Commons 5th Addition, located at the southwest corner of Central Parkway and Pilot Knob Road. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA CITY COUNCIL Mayor Maguire wished everyone a happy and safe holiday. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Hansen moved, Councilmember Tilley seconded a motion to adjourn the meeting at 7:19 p.m. Aye: 5 Nay: 0 r-1 �;D Date • I k S4!4�2 Mayor City Clerk