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11/17/2020 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota NOVEMBER 17, 2020 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present Mayor Maguire, Councilmembers Bakken, Fields, and Hansen. Councilmember Tilley joined by phone. Steve Ruta addressed the Council regarding vehicles running yellow lights at the intersection of Pilot Knob and Cliff Road. A regular meeting of the Eagan City Council was held on Tuesday, November 17, 2020 at 6:30 p.m. Present Mayor Maguire, Councilmembers Bakken, Fields, and Hansen. Councilmember Tilley joined by phone. Also present City Administrator Osberg, Assistant City Administrator Miller, Parks and Recreation Director Pimental, Communications and Engagement Director Ellickson, Community Development Director Hutmacher, City Planner Schultz, Public Works Director Matthys, and City Attorney Dougherty. AGENDA Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 (Roll Call) CONSENT AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the consent agenda as presented: Aye: 5 Nay: 0 (Roll Call) A. It was recommended to approve the November 4, 2020 City Council minutes, as presented, or modified. B. Personnel Items: 1. It was recommended to approve the hiring of seasonal, non -benefit eligible employees as Adult Hockey Referees, Rink Attendants and Winter Recreation Program Assistant. 2. It was recommended to approve reclassification of Christina Scipioni, City Clerk/Administrative Services Coordinator, from Level 13 to Level 14. C. It was recommended to ratify the check registers dated October 30 and November 6, 2020. D. It was recommended to approve the ordinary and customary contracts with Amy Rhone, Barbara Waltz, Caitlin Dowling, Cora Williams, Dorea Arguelles, Judith Favia, Juliet Parisi, Karen Gauthier, Laurie Thorkelson, Marie Biallas, Mary Lewis, Michael Vangstad, Mkie Keiger, Pat McKinley, Robin Sicoli, Steve Sheehan, Vicki Wright, the Wave Soccer Club and Hunger Solutions. E. It was recommended to approve the final payment and closure of contract with Ancom, Inc. to provide an 800Mhtz bidirectional antenna system for the renovations at the City Hall and Police facilities. F. It was recommended to approve Change Order 3 and final payment for the Fire Station Four remodel contract with Market and Johnson. G. It was recommended to approve the 2020-2021 Airport Relations Commission Work Plan. H. It was recommended to authorize Final Payment and Closure of Contract with UHL, Inc. to provide a security camera and access control system for the renovations at the City Hall and Police facilities. City Council Meeting Minutes November 17, 2020 2 page I. It was recommended to receive the petition to vacate public easements on Lots 1-3, Block 1 Hilltop Plaza and schedule a public hearing to be held on December 15, 2020. J. It was recommended to accept a $182,349 Federal High -Intensity Drug Trafficking Grant on behalf of the Dakota County Drug Task Force. K. It was recommended to approve the final payment for Contract 19-17 (Murphy Parkway - Sanitary Lift Station Rehabilitation) in the amount of $ 16,273.50 to MN Mechanical Solutions and accept the improvements for perpetual City maintenance subject to warranty provisions. L. It was recommended to approve Change Order No. 1 for Contract 20-08 (Canter Glen — Storm Lift Station Rehabilitation) and authorize the Mayor and City Clerk to execute all related documents. M. It was recommended to acknowledge the completion of Project 15-A (Central Park Commons) and authorize perpetual City maintenance subject to warranty provisions. N. It was recommended to approve the 2021 Community Waste Abatement Grant Agreement. 0. It was recommended to approve a Final Plat to create one (1) lot upon property located at the southwest corner of Nicols Road and Diff ley Road and to approve a Final Planned Development for a 204 -unit, 4 -story, affordable apartment building upon property located at the southwest corner of Nicols Road and Diff ley Road. P. It was recommended to approve a Final Planned Development allowing nine (9) new townhome units and additional recreational amenities, upon 5.6 acres located south of Yankee Doodle Road and west of Ivy Lane, legally described as Lots 1 and 2, Block 2, and Lots 1-8 Block 1, Wescott Hills Fourth Addition. Q. It was recommended to postpone to December 15, 2020 a hearing of the Board of Adjustments and Appeals regarding an appeal by Spectrum Investment Group of the April 7, 2020 zoning determination regarding parking and storage of Amazon delivery vehicles at 1000 Blue Gentian Road pursuant to Section 11.50, Subd. 2 of the City Code. R. It was recommended to postpone to December 15, 2020 a hearing of the Board of Adjustments and Appeals regarding an appeal by Spectrum Investment Group of the July 9, 2020 zoning determination regarding use of property for Amazon Last Mile Warehouse at 1000 Blue Gentian Road pursuant to Section 11.50, Subd. 2 of the City Code. S. It was recommended to approve the following item to be claimed as CARES Act grant expenditures in the November monthly report to the State: o Police payroll costs $ 181,009 RECOGNITIONS AND PRESENTATION There were no recognitions and presentations to be heard. There were no public hearings to be heard. PUBLIC HEARINGS OLD BUSINESS Approve an Ordinance Amendment to Chapter 10 in response to the increasing presence of Emerald Ash Borer throughout the City City Administrator Osberg introduced the item noting at the February 11, 2020, Special City Council Meeting, the Forestry staff delivered an informational presentation. At the March 17, 2020 the Council gave direction to proceed with drafting an ordinance amendment to bolster shade tree regulations. The City Council Meeting Minutes November 17, 2020 3 page amended ordinance enables the City to proactively manage and prescribe additional control measures to prevent the spread of new and future harmful tree pests. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an Ordinance Amendment to Chapter 10, Section 10.20 (Shade tree disease control and prevention). Aye: 5 Nay: 0 (Roll Call) NEW BUSINESS Preliminary Planned Development and Preliminary Subdivision (Town Centre 100 Twenty- First Addition) — Associated Bank and Ryan Companies City Administrator Osberg introduced the item noting the Council is being asked to consider a Preliminary Planned Development to allow redevelopment of the site to allow a retail grocery store and bank with drive-through facilities, and a Preliminary Subdivision to create two (2) lots upon 3.35 acres located at 1260 & 1270 Yankee Doodle Road. City Planner Schultz gave a staff report and provided a site map. Doug Harbor, Representative of Associated Bank, provided the history and background of the proposed development site. The applicant, Patrick Daly, Ryan Companies, gave a summary of the project and was available for questions. The Council discussed the proposed development. There was discussion regarding the zero lot line and a future right turn lane on Denmark Avenue. Staff confirmed sufficient space should remain for future public trail on Denmark Avenue. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve of a Preliminary Planned Development to allow redevelopment of the site with an approximately 34,500 square foot retail grocery store, and an approximately 2,800 square foot bank with drive- through facilities, upon 3.35 acres located at 1260 & 1270 Yankee Doodle Road, legally described as Lots 1 and 2, Block 1, Town Centre 100 Second Addition, subject to the following conditions: Aye: 5 Nay: 0 (Roll Call) 1. A Preliminary Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. The Preliminary PD Agreement shall contain the following plans. The following plans shall be revised and submitted as Master Development Plans prior to Final Subdivision and Final Planned Development approval. • Preliminary Site Plan • Preliminary Building Elevations • Preliminary Landscape Plan • Preliminary Site Lighting Plan • Preliminary Signage Plan City Council Meeting Minutes November 17, 2020 4 page 2. A Final Planned Development Agreement shall be required for each lot as it develops. The following plans are required for the Final Planned Development Agreement and shall be consistent with the approved Master Plans for the Preliminary Planned Development. • Final Site Plan • Final Building Elevations • Final Landscape Plan • Final Lighting Plan • Final Signage Plan Platting 3. The property shall be platted. Term 4. The Planned Development shall have a term of three 3) years. Uses 5. This Planned Development approves the following uses on each lot: a. Proposed Lot 134,500 square foot retail grocery store b. Proposed Lot 2 2,840 square foot bank with drive through facility Signage 6. Any canopy covering the cart corrals shall not contain any signage other than directional such as return carts here" or similar. 7. The applicant shall provide an easement agreement for the shared pylon sign and for the off-site signage in a form acceptable to the City Attorney at the time of Final Subdivision. 8. Building Signage shall be consistent with City Code Standards. For single occupant buildings and endcap tenants, one 1) sign is permitted on each of two 2) building elevations. 9. All signs on a building shall be similar in design, to be demonstrated at the time of application for Sign Permit. All signs require a Sign Permit prior to installation or construction. Building Architecture / Materials 10. The Final Building Elevations shall be revised to achieve City Code standards by providing greater variation of materials on the south elevation to incorporate the same materials and visual interest as the other three elevations. 11. The Final Building Elevations shall omit the metal canopy on the west elevation to avoid its projection over the property line into the right of way and the applicant shall explore other ways to provide visual interest, depth, and pedestrian scale to the west elevation. Landscaping/ Tree Mitigation 12. The Final Landscape Plan shall provide different trees species along the south edge of the building that better fit the available growing space. City Council Meeting Minutes November 17, 2020 5 page 13. Landscaping along the north and south edges shall be enhanced to provide better screening of the parking lot where per the City Code standard of 75 percent 75%) opacity to a height of three to four (3-4) feet at maturity. 14. The applicant shall confirm the proposed landscaping does not conflict with site lighting. 15. The applicant shall revise the Tree Preservation Plan to account for removal of ash trees and recalculate any required mitigation accordingly. 16. The Applicant shall provide a revised Tree Preservation Plan reflecting these adjustments, and recalculating the removal and mitigation amount if any), for incorporation into the Planned Development Amendment Agreement. 17. Where tree protection fencing cannot be maintained at a required distance for tree protection of on or off site trees, these trees shall be considered as removed, or the applicant shall provide a Tree Health Management Plan prepared by a certified arborist, identifying tree management activities to be implement to ensure the survival of these trees. Site Lighting 18. The applicant shall clarify the areas contributing to the average light levels to confirm it excludes the bank canopy lighting and adjust lighting as necessary to achieve an average to minimum ratio throughout the parking areas of not more than 4.0 footcandles. Utilities 19. A maintenance agreement for shared private utilities shall be entered into in a form acceptable to the City Attorney. 20. The applicant shall make all utility connections and restore the street, curb and gutter, boulevard, and trail in a manner acceptable to the City Engineer. Grading / Erosion Control / Stormwater 21. 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. 22. 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 inch Volume Control of effective retention of the site's new impervious surface area including effective soil remediation for all of the site's disturbed soils that are to be revegetated). 23. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide to the City with a minimum of four 4) soil borings equally spaced within the footprint of each proposed infiltration system area, extending a minimum of 10 feet below the bottom of each proposed City Council Meeting Minutes November 17, 2020 6 page infiltration system 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, 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 water quality equivalent of volume control requirements are fully met for the mitigated impervious drainage area, to the satisfaction of the City Engineer. 24. 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) solid bottom isolator rows appropriately sized) are 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) no limestone shall be used below or between the chambers, e) unobstructed physical access via manhole will be provided to any isolator row for inspection and maintenance, f) 10 inch minimum diameter inspection ports will be provided on all chamber rows. Notes shall be provided that grading and utility contractor( s) shall provide 24 hours advance notice to City Water Resources staff of any grading or utility work involving the proposed infiltration chamber systems, including over excavation, installation of pre treatment sumps, inlets, outlets, sump hoods, energy dissipators, etc. Shop drawings related to the underground stormwater infiltration chamber systems must be provided to the City for review before fabrication and installation. 25. The applicant shall provide adequately sized pre treatment structure e.g. four foot 4') minimum depth sump, five foot 5') minimum diameter, with floatable skimmer hood, energy dissipation, etc.) at, or immediately upstream of, any stormwater treatment facility inlet to provide for effective capture and easily accessible cleanout of fine sand sized particles and floatable pollutants. Pre treatment structures shall be accessible by appropriate maintenance equipment. Details shall be included in applicable plan sheet(s) using Eagan Standard Detail Plate E231. 26. Prior to receiving City approval to permit land disturbing activity, the property owner shall provide the most updated water quality and rate control modeling documentation to demonstrate compliance with City stormwater requirements, to the satisfaction of the City Engineer. Rate Control must demonstrate no net increase over predevelopment conditions using a maximum curve number of 72. Stormwater filtration nutrient reductions, in lieu of full infiltration, will need to be documented with appropriate water quality modeling. 27. Prior to receiving City approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies in the plan set for City review, and acceptance by the City Engineer, that provide graphical details and notes on soil protection/ restoration in the Stormwater Management Plan and prominently included in all applicable plan sheets e.g. Erosion Sediment Control Plan, Grading Plan, Landscape Plan, etc.) and shall specify estimated quantities of soil ripping area and volume of compost to be imported and incorporated on pertinent plan sheet quantity tables. Prior to receiving a Certificate of Occupancy for any affected construction, Soil Management Strategy implementation documentation e.g. haul tickets, representative on site soil samples, compaction testing and soil organic content test results) shall be provided to City Water Resources staff to verify approved soil management strategy compliance. Notes shall be provided that implementing contractor shall provide 24 hours advance notice to City Water Resources staff prior to implementation of soil loosening and amendment. City Council Meeting Minutes November 17, 2020 7 page 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 private permanent stormwater management system, in a form acceptable to the City Attorney. 29. Before the City returns any Stormwater related Performance Guarantee Fees on the development site, the applicant shall demonstrate that all stormwater management practices are 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), infiltration chamber galleries, etc.), including soil loosening amendment prior to landscaping, conform to design and/ or construction plans, as approved by the City. Photos/ video of final inspection of clean underground infiltration chamber gallery system and contributing storm sewer 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. 30. This development shall provide hydrant spacing and locations accordance with City Fire Department and Public Works standards. FasPmPntq 31. The applicant shall enter into an ingress/ egress easement and shared parking agreement in a form acceptable to the City Attorney, at time of final subdivision approval. Parks and Recreation 32. The development shall be subject to cash trail dedication at the time of Final Subdivision, at the rates then in effect. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve of a Preliminary Subdivision (Town Centre 100 Twenty- First Addition) to create two (2) lots upon 3.35 acres located at 1260 & 1270 Yankee Doodle Road, currently legally described as Lots 1 and 2, Block 1, Town Centre 100 Second Addition, subject to the following conditions: Aye: 5 Nay: 0 (Roll Call) Standard 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, C1, C2, C4, E1, F1, and H1. 2. The property shall be platted. 3. The applicant shall provide financial security, in a form acceptable to the City Attorney, to ensure demolition of the existing easterly office building at 1260 Yankee Doodle Road within six (6) months of recording the Final Plat. Signage 4. Any canopy covering the cart corrals should not contain any signage other than directional such as return carts here" or similar. City Council Meeting Minutes November 17, 2020 8 page 5. The applicant should provide an easement agreement for the shared pylon sign and for the off site signage in a form acceptable to the City Attorney at the time of Final Subdivision. 6. Building Signage should be consistent with City Code Standards. For single occupant buildings and endcap tenants, one sign is permitted on each of two building elevations. 7. All signs on a building should be similar in design, to be demonstrated at the time of application for Sign Permit. All signs require a Sign Permit prior to installation or construction. Building Architecture/Materials 8. The Final Building Elevations shall be revised to achieve City Code standards by providing greater variation of materials on the south elevation to incorporate the same materials and visual interest as the other three elevations. 9. The Final Building Elevations shall omit the metal canopy on the west elevation to avoid its projection over the property line into the right of way and the applicant shall explore other ways to provide visual interest, depth, and pedestrian scale to the west elevation. Landscaping/ Tree Mitigation 10. The Final Landscape Plan shall provide different trees species along the south edge of the building that better fit the available growing space. 11. Landscaping along the north and south edges shall be enhanced to provide better screening of the parking lot where per the City Code standard of 75 percent 75%) opacity to a height of three to four feet at maturity. 12. The applicant shall confirm the proposed landscaping does not conflict with site lighting. 13. The applicant shall provide a Tree Mitigation Plan showing fulfillment of the tree mitigation, in addition to required site landscaping. If required mitigation cannot fit on the site, the balance should be provided as a cash dedication per the City's adopted Fee Schedule 400 per each Category B tree). 14. At the time of Final Planned Development, Tree Mitigation and Landscape Plans shall be provided, as well as a Combined Overall Planting Plan. 15. The applicant shall revise the Tree Preservation Plan to account for removal of ash trees and recalculate any required mitigation accordingly. 16. The Applicant should provide a revised Tree Preservation Plan reflecting these adjustments, and recalculating the removal and mitigation amount if any), for incorporation into the Planned Development Amendment Agreement. 17. Where tree protection fencing cannot be maintained at a required distance for tree protection of on or off site trees, these trees shall be considered as removed, or the applicant shall provide a Tree Health Management Plan prepared by a certified arborist, identifying tree management activities to be implement to ensure the survival of these trees. City Council Meeting Minutes November 17, 2020 9 page Site Lighting 18. The applicant shall clarify the areas contributing to the average light levels to confirm it excludes the bank canopy lighting and adjust lighting as necessary to achieve an average to minimum ratio throughout the parking areas of not more than 4.0 footcandles. Utilities 19. A maintenance agreement for shared private utilities shall be entered into in a form acceptable to the City Attorney. 20. The applicant shall make all utility connections and restore the street, curb and gutter, boulevard, and trail in a manner acceptable to the City Engineer. Grading/ Erosion Control/ Stormwater 21. 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. 22. 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 inch Volume Control of effective retention of the site's new impervious surface area including effective soil remediation for all of the site's disturbed soils that are to be revegetated). 23. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide to the City with a minimum of four 4) soil borings equally spaced within the footprint of each proposed infiltration system area, extending a minimum of ten feet 10') below the bottom of each proposed infiltration system 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, 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 water quality equivalent of volume control requirements are fully met for the mitigated impervious drainage area, to the satisfaction of the City Engineer. 24. 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) solid bottom isolator rows appropriately sized) are 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) no limestone shall be used below or between the chambers, e) unobstructed physical access via manhole will be provided to any isolator row for inspection and maintenance, f) 10 inch minimum diameter inspection ports will be provided on all chamber rows. Notes shall be provided that grading and utility contractor(s) shall provide 24 hours advance notice to City Water Resources staff of any grading or utility work City Council Meeting Minutes November 17, 2020 10 page involving the proposed infiltration chamber systems, including over excavation, installation of pre treatment sumps, inlets, outlets, sump hoods, energy dissipators, etc. Shop drawings related to the underground stormwater infiltration chamber systems must be provided to the City for review before fabrication and installation. 25. The applicant shall provide adequately sized pre treatment structure e.g. four foot 4') minimum depth sump, five foot 5') minimum diameter, with floatable skimmer hood, energy dissipation, etc.) at, or immediately upstream of, any stormwater treatment facility inlet to provide for effective capture and easily accessible cleanout of fine sand sized particles and floatable pollutants. Pre treatment structures shall be accessible by appropriate maintenance equipment. Details shall be included in applicable plan sheet(s) using Eagan Standard Detail Plate E231. 26. Prior to receiving City approval to permit land disturbing activity, the property owner shall provide the most updated water quality and rate control modeling documentation to demonstrate compliance with City stormwater requirements, to the satisfaction of the City Engineer. Rate Control must demonstrate no net increase over predevelopment conditions using a maximum curve number of 72. Stormwater filtration nutrient reductions, in lieu of full infiltration, will need to be documented with appropriate water quality modeling. 27. Prior to receiving City approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies in the plan set for City review, and acceptance by the City Engineer, that provide graphical details and notes on soil protection/ restoration in the Stormwater Management Plan and prominently included in all applicable plan sheets e.g. Erosion Sediment Control Plan, Grading Plan, Landscape Plan, etc.) and shall specify estimated quantities of soil ripping area and volume of compost to be imported and incorporated on pertinent plan sheet quantity tables. Prior to receiving a Certificate of Occupancy for any affected construction, Soil Management Strategy implementation documentation e.g. haul tickets, representative on site soil samples, compaction testing and soil organic content test results) shall be provided to City Water Resources staff to verify approved soil management strategy compliance. Notes shall be provided that implementing contractor shall provide 24 hours advance notice to City Water Resources staff prior to implementation of soil loosening and amendment. 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 private permanent stormwater management system, in a form acceptable to the City Attorney. 29. Before the City returns any Stormwater related Performance Guarantee Fees on the development site, the applicant shall demonstrate that all stormwater management practices are 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), infiltration chamber galleries, etc.), including soil loosening amendment prior to landscaping, conform to design and/ or construction plans, as approved by the City. Photos/ video of final inspection of clean underground infiltration chamber gallery system and contributing storm sewer 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. City Council Meeting Minutes November 17, 2020 11 page 30. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. Facamin ntc 31. The applicant shall enter into an ingress/ egress easement and shared parking agreement in a form acceptable to the City Attorney, at time of final subdivision approval. Parks and Recreation 32. The development shall be subject to cash trail dedication at the time of Final Subdivision, at the rates then in effect. Planned Development Amendment and Preliminary Subdivision (Ridgecrest Addition' — TOLD Development City Administrator Osberg introduced the item noting the Council is being asked to consider a Planned Development Amendment to allow a 14,368 square foot retail grocery store upon approximately 1.91 acres in the southwest portion of property, and a Preliminary Subdivision to create two (2) lots upon ten (10) acres located at 2055 Cliff Road. Mike Schultz gave a staff report and provided a site map. Trent Mayberry, TOLD Development, spoke to the requested parking stalls and was available for questions. The Council discussed the monument sign. Councilmember Bakken noted he could be flexible with the building signage but felt the monument sign was unnecessary. Mr. Mayberry agreed it would be a good compromise. Councilmember Hansen spoke to the parking stall size. Mr. Mayberry noted if one parking stall was removed from the stalls in front of the building that would give space to enlarge the remainder of those stalls located in front of the building. City Attorney Dougherty noted attached to the Planned Development Agreement are five plans and recommended adding a sixth plan for parking. The Parking Plan would include the condition: With 128 stalls of which the stalls abutting the north fagade of building shall be 9 %2 feet wide stalls.. In the Signage Plan the following condition would be added: May include one standard size on each fagade of the building with no monument sign. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to allow a 14,368 square foot retail grocery store upon approximately 1.91 acres in the southwest portion of property located at 2055 Cliff Road currently legally described as part of Lot 1, Block 1, Park Center 6th Addition and proposed as Lot 2, Block, Ridgecrest Addition, subject to the following amended conditions: Aye: 5 Nay: 0 (Roll Call) City Council Meeting Minutes November 17, 2020 12 page 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorders office. The following exhibits shall be made part of the Agreement: • Site Plan • Building Elevations • Signage Plan (may include one (1) standard sign to each fagade of the building, including one (1) subtenant sign on north fagade, in lieu of proposed monument sign) • Landscape and Tree Mitigation Plan • Site Lighting Plan • Parking Plan (the row of stalls immediately abutting the north fagade of building to be nine and one-half feet (95) wide). 2. A Final Planned Development shall be required prior to issuance of a Building Permit. The following plans are required for the Final Planned Development Agreement: • Final Site Plan • Final Building Elevations • Final Landscape Plan • Final Signage Plan • Final Lighting Plan • Final Parking Plan 3. The property shall be platted. 4. The applicant shall provide a bicycle rack on the site. 5. Cross easements for the shared use and maintenance of the pylon sign, in a form acceptable to the City Attorney, shall be provided at the time of Final Subdivision. 6. The applicant shall provide additional information on the use of graphic window displays and confirm compliance with the City Code standards at the time of Final Planned Development. 7. A Sign Permit shall be obtained prior to installation of any signs, and compliance with City Code will be confirmed at that time. S. All ground and rooftop mechanical equipment shall be screened consistent with City Code standards and compliance shall be confirmed at the time of Building Permit. 9. A revised Landscape Plan shall be provided for the Final Planned Development resolving any discrepancies within the plan, and confirming there are no conflicts with site lighting. 10. The applicant shall provide tree mitigation in the amount of 46 Category B trees or its equivalent Category A or C trees, cash dedication, or combination thereof. 11. The applicant shall submit a Tree Mitigation Plan separate from the Landscape Plan showing fulfillment of the tree mitigation requirement in addition to required landscaping, for staff review and approval for incorporation into the Planned Development Agreement. A combined overall Planting Plan showing both Landscaping and Mitigation plantings shall also be provided. City Council Meeting Minutes November 17, 2020 13 page 12. A maintenance agreement for shared private utilities shall be entered into in a form acceptable to the City Attorney. 13. The applicant shall make all utility connections and restore the street, curb and gutter, boulevard, and trail in a manner acceptable to the City Engineer. 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. 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 inch(1.1") Volume Control of effective retention of the site's new impervious surface area including effective soil remediation for all of the site's disturbed soils that are to be revegetated). 16. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide to the City with a minimum of four soil borings equally spaced within the footprint of each proposed infiltration system area, extending a minimum of 10 feet below the bottom of each proposed infiltration system 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, 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 water quality equivalent of volume control requirements are fully met for the mitigated impervious drainage area, to the satisfaction of the City Engineer. 17. 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) solid bottom isolator rows appropriately sized) are 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) no limestone shall be used below or between the chambers, e) unobstructed physical access via manhole will be provided to any isolator row for inspection and maintenance, f) 10 inch minimum diameter inspection ports will be provided on all chamber rows. Notes shall be provided that grading and utility contractor(s) shall provide 24 hours advance notice to City Water Resources staff of any grading or utility work involving the proposed infiltration chamber systems, including over excavation, installation of pre treatment sumps, inlets, outlets, sump hoods, energy dissipators, etc. Shop drawings related to the underground stormwater infiltration chamber systems must be provided to the City for review before fabrication and installation. 18. The applicant shall provide adequately sized pre treatment structure e.g. four foot 4') minimum depth sump, five foot 5') minimum diameter, with floatable skimmer hood, energy dissipation, etc.) at, or immediately upstream of, any stormwater treatment facility inlet to provide for effective City Council Meeting Minutes November 17, 2020 14 page capture and easily accessible cleanout of fine sand sized particles and floatable pollutants.. Pre treatment structures shall be accessible by appropriate maintenance equipment. Details shall be included in applicable plan sheet(s) using Eagan Standard Detail Plate E231. 19. Prior to receiving City approval to permit land disturbing activity, the property owner shall provide the most updated water quality and rate control modeling documentation to demonstrate compliance with City stormwater requirements, to the satisfaction of the City Engineer. Rate Control must demonstrate no net increase over predevelopment conditions using a maximum curve number of 72. Stormwater filtration nutrient reductions, in lieu of full infiltration, will need to be documented with appropriate water quality modeling. 20. Prior to receiving City approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies in the plan set for City review, and acceptance by the City Engineer, that provide graphical details and notes on soil protection/ restoration in the Stormwater Management Plan and prominently included in all applicable plan sheets e.g. Erosion Sediment Control Plan, Grading Plan, Landscape Plan, etc.) and shall specify estimated quantities of soil ripping area and volume of compost to be imported and incorporated on pertinent plan sheet quantity tables. Prior to receiving a Certificate of Occupancy for any affected construction, Soil Management Strategy implementation documentation e.g. haul tickets, representative on site soil samples, compaction testing and soil organic content test results) shall be provided to City Water Resources staff to verify approved soil management strategy compliance. Notes shall be provided that implementing contractor shall provide 24 hours advance notice to City Water Resources staff prior to implementation of soil loosening and amendment. 21. 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 private permanent stormwater management system, in a form acceptable to the City Attorney. 22. Before the City returns any Stormwater related Performance Guarantee Fees on the development site, the applicant shall demonstrate that all stormwater management practices are 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), infiltration chamber galleries, etc.), including soil loosening amendment prior to landscaping, conform to design and/ or construction plans, as approved by the City. Photos/ video of final inspection of clean underground infiltration chamber gallery system and contributing storm sewer 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. 23. The applicant shall perform a traffic analysis at each of the three public street accesses prior to final subdivision approval, or issuance of building permit, in a form acceptable to the City Engineer. 24. This development shall incorporate any site improvements necessary to maintain acceptable Levels of Service, in a manner acceptable to the City Engineer. City Council Meeting Minutes November 17, 2020 15 page 25. The applicant shall provide proof of ingress and egress easements and shared parking agreements in a form acceptable to the City Attorney. 26. Park dedication is due for the new building on proposed Lot 2, Block 1, Ridgecrest Addition, at the time of Building Permit at the rates then in effect. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve of a Preliminary Subdivision (Ridgecrest Addition) to create two (2) lots upon ten (10) acres located at 2055 Cliff Road, currently legally described as Lot 1, Block 1, Park Center 6th Addition, subject to the following conditions: Aye: 5 Nay: 0 (Roll Call) 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on July 1, 2014: Al, B1, B2, B3, C1, C2, C4, E1, F1, and H1. 2. The property shall be platted. 3. The applicant shall provide a bicycle rack on the site. 4. Cross easements for the shared use and maintenance of the pylon sign, in a form acceptable to the City Attorney, shall be provided at the time of Final Subdivision. 5. The applicant shall provide additional information on the use of graphic window displays and confirm compliance with the City Code standards at the time of Final Planned Development. 6. A Sign Permit shall be obtained prior to installation of any signs, and compliance with City Code will be confirmed at that time. 7. All ground and rooftop mechanical equipment shall be screened consistent with City Code standards and compliance shall be confirmed at the time of Building Permit. 8. A revised Landscape Plan shall be provided for incorporation into the Final Planned Development Agreement resolving any discrepancies within the plan, and confirming there are no conflicts with site lighting. 9. The applicant shall provide tree mitigation in the amount of 46 Category B trees or its equivalent Category A or C trees, cash dedication, or some combination thereof. 10. The applicant shall submit a Tree Mitigation Plan separate from the Landscape Plan showing fulfillment of the tree mitigation requirement in addition to required landscaping, for staff review and approval for incorporation into the Final Planned Development Agreement. A combined overall Planting Plan showing both Landscaping and Mitigation plantings shall also be provided. 11. A maintenance agreement for shared private utilities shall be entered into in a form acceptable to the City Attorney. 12. The applicant shall make all utility connections and restore the street, curb and gutter, boulevard, and trail in a manner acceptable to the City Engineer. City Council Meeting Minutes November 17, 2020 16 page 13. 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. 14. 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 inch 1.1") Volume Control of effective retention of the site's new impervious surface area including effective soil remediation for all of the site's disturbed soils that are to be revegetated). 15. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide to the City with a minimum of four soil borings equally spaced within the footprint of each proposed infiltration system area, extending a minimum of 10 feet below the bottom of each proposed infiltration system 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, 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 water quality equivalent of volume control requirements are fully met for the mitigated impervious drainage area, to the satisfaction of the City Engineer. 16. 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) solid bottom isolator rows appropriately sized) are 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) no limestone shall be used below or between the chambers, e) unobstructed physical access via manhole will be provided to any isolator row for inspection and maintenance, f) 10 inch minimum diameter inspection ports will be provided on all chamber rows. Notes shall be provided that grading and utility contractor( s) shall provide 24 hours advance notice to City Water Resources staff of any grading or utility work involving the proposed infiltration chamber systems, including over excavation, installation of pre treatment sumps, inlets, outlets, sump hoods, energy dissipators, etc. Shop drawings related to the underground stormwater infiltration chamber systems must be provided to the City for review before fabrication and installation. 17. The applicant shall provide adequately sized pre treatment structure e.g. four foot 4') minimum depth sump, five foot 5') minimum diameter, with floatable skimmer hood, energy dissipation, etc.) at, or immediately upstream of, any stormwater treatment facility inlet to provide for effective capture and easily accessible cleanout of fine sand sized particles and floatable pollutants. Pre treatment structures shall be accessible by appropriate maintenance equipment. Details shall be included in applicable plan sheet(s) using Eagan Standard Detail Plate E231. 18. Prior to receiving City approval to permit land disturbing activity, the property owner shall provide the most updated water quality and rate control modeling documentation to demonstrate City Council Meeting Minutes November 17, 2020 17 page compliance with City stormwater requirements, to the satisfaction of the City Engineer. Rate Control must demonstrate no net increase over predevelopment conditions using a maximum curve number of 72. Stormwater filtration nutrient reductions, in lieu of full infiltration, will need to be documented with appropriate water quality modeling. 19. Prior to receiving City approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies in the plan set for City review, and acceptance by the City Engineer, that provide graphical details and notes on soil protection/ restoration in the Stormwater Management Plan and prominently included in all applicable plan sheets e.g. Erosion Sediment Control Plan, Grading Plan, Landscape Plan, etc.) and shall specify estimated quantities of soil ripping area and volume of compost to be imported and incorporated on pertinent plan sheet quantity tables. Prior to receiving a Certificate of Occupancy for any affected construction, Soil Management Strategy implementation documentation e.g. haul tickets, representative on site soil samples, compaction testing and soil organic content test results) shall be provided to City Water Resources staff to verify approved soil management strategy compliance. Notes shall be provided that implementing contractor shall provide 24 hours advance notice to City Water Resources staff prior to implementation of soil loosening and amendment. 20. 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 private permanent stormwater management system, in a form acceptable to the City Attorney. 21. Before the City returns any Stormwater related Performance Guarantee Fees on the development site, the applicant shall demonstrate that all stormwater management practices are 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), infiltration chamber galleries, etc.), including soil loosening amendment prior to landscaping, conform to design and/ or construction plans, as approved by the City. Photos/ video of final inspection of clean underground infiltration chamber gallery system and contributing storm sewer 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. 22. The applicant shall perform a traffic analysis at each of the three public street accesses prior to final subdivision approval, or issuance of building permit, in a form acceptable to the City Engineer. 23. This development shall incorporate any site improvements necessary to maintain acceptable Levels of Service, in a manner acceptable to the City Engineer. 24. The applicant shall provide proof of ingress and egress easements and shared parking agreements in a form acceptable to the City Attorney. The Council took a 10 minute break. City Council Meeting Minutes November 17, 2020 18 page Request to determine Amazon parking and Amazon Last Mile Facility as similar and compatible to other permitted uses within the BP (Business Park) Zoning District City Planner Schultz noted on June 5, 2018, the City Council approved an ordinance amendment to commercial and industrial zoning districts adding "or uses deemed similar by the Council." The Council is being asked to determine whether uses involving Amazon are similar to other permitted uses within the BP, Business Park zoning district. Schultz walked through the request. Peter Beck, Attorney, representing Spectrum, gave a summary of the request. Rick Morphew, Spectrum, LLC, provided additional information and was available for questions. The Council, staff and the applicant discussed the request. Councilmember Fields moved, Councilmember Bakken seconded a motion to determine the Reason of Finding is similar because the enclosed parking and storage of approximately 378 Amazon cargo vans in association with a 17,000 square foot logistics center and retaining minimum 15 percent (15%) office space is similar use comparable to other permitted uses within the Business Park zoning district. Aye: 5 Nay: 0 (Roll Call) Councilmember Fields moved, Councilmember Bakken seconded a motion to determine that the Reason of Finding is similar if operation is conducted entirely within enclosed structure and retaining minimum 15 percent (15%) office space for an Amazon last mile warehouse facility is a similar use comparable to other permitted uses with the Business Park zoning district. Aye: 5 Nay: 0 (Roll Call) LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA CITY ADMINISTRATOR City Administrator Osberg noted the December 1St swearing in of fire fighters has been postponed, as has the tree lighting event at the Eagan Communit Center on December 8. Items that were potentially going to be on the December 8 Special City Council meeting have changed and thus, staff is suggesting cancelling the meeting. Osberg also noted a "Save the Date" for January 26 or 27 for a Council Retreat with the opportunity to have a Strategic Planning Retreat in March or April. Osberg asked the Council to look ahead to the Organizational Business item that happen the second meeting in January. It was the consensus of the Council to cancel the December 8, 2020 Special City Council meeting. VISITORS TO BE HEARD There were no visitors to be heard. City Council Meeting Minutes November 17, 2020 19 page ADJOURNMENT Councilmember Hansen moved, Councilmember Bakken seconded a motion to adjourn the meeting at 9:21 p.m. Aye: 5 Nay: 0 (Roll Call) cc. 1 5- . 4 Date Mayor City Clerk r'