02/17/2015 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
FEBRUARY 17, 2015
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were
Councilmembers Fields, Hansen, and Tilley. Councilmember Bakken was absent. Mayor Maguire arrived
at 6:20 p.m.
A regular meeting of the Eagan City Council was held on Tuesday, February 17, 2015 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Hansen and Tilley.
Councilmember Bakken was absent. Also present were City Administrator Osberg, Assistant City
Administrator Miller, Director of Finance Pepper, Director of Communications Garrison, City Planner
Ridley, Director of Public Works Matthys, Director of Parks & Recreation Johnson, Police Chief
McDonald, Fire Chief Scott, and Executive Assistant Stevenson.
AGENDA
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the agenda as
presented. Aye:4 Nay:0
RECOGNITIONS AND PRESENTATION
Director of Parks & Recreation Johnson recognized Sonya Rippe, Administrative Analyst for the Parks &
Recreation Department, for her 17 years of service to the City of Eagan. Ms. Rippe thanked the City for
the opportunity to serve. The City Council thanked Ms. Rippe for her service to the City.
Fire Chief Scott introduced new Deputy Fire Chief Kip Springer and administered the Oath of Office.
CONSENT AGENDA
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent
Agenda as presented: Aye: 4 Nay: 0
A. It was recommended to approve the minutes of February 3, 2015 regular City Council
meeting.
B. Personnel Items
1. It was recommended to ratify the labor agreement between the City of Eagan and Eagan
Police Sergeant's Association, Local 185 of Law Enforcement Labor Services, Inc.
2. It was recommended to approve the hiring of Seasonal Employees in Parks &
Recreation.
C.
It was recommended to
approve
the check registers dated January 30 and February 6, 2015.
D.
It was recommended to
approve
a contract with Next Generation Consulting for community
visioning and authorize a budget
adjustment from the General Fund balance.
E.
It was recommended to
approve
the 2015 City of Eagan Priorities.
F.
It was recommended to
approve
a resolution to accept a grant from the Eagan Foundation
Community Grants Fund
in the amount of $525 toward exterior lighting at the 1914 Town
Hall.
City Council Meeting Minutes
February 17, 2015
3 page
OLD BUSINESS
Ordinance Amendments — Stormwater Management
City Administrator Osberg introduced the item noting on May 5, 2014, direction was provided to staff
and the City Attorney's office to prepare the necessary ordinance amendments to be in compliance with
the Federal Stormwater Regulations. Osberg noted before the Council tonight is a presentation on
those changes in the ordinances.
Director of Public Works Matthys gave a staff report.
The Council discussed the ordinance amendments.
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 Ordinance
Amendments to Chapters 4, 7, and 10 of the City Code regarding stormwater management.
Aye:4 Nay:O
NEW BUSINESS
Rezoning and Preliminary Subdivision — KJ Walk, Inc.
City Administrator Osberg introduced the item noting the Council is being asked to approve a Rezoning
from A, Agricultural, to R -1, Single - Family Residential and a Preliminary Subdivision to create ten lots
upon approximately 4.5 acres located at 540 Diffley Road. Osberg noted the unplatted property
contains a single family home that was constructed in 1957.
City Planner Ridley gave a staff report.
The applicant was available for questions.
The Council discussed the rezoning and preliminary subdivision.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Rezoning from
A, Agricultural, to R -1, Single - Family Residential, upon approximately 4.5 acres located at 540 Diffley
Road. Aye:4 Nay:0
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Preliminary
Subdivision (Case Estates) to create ten lots upon approximately 4.5 acres located at 540 Diffley Road,
subject to the following conditions: Aye: 4 Nay: 0
1. The developer shall
comply with these standards conditions
of
plat
approval as adopted by
Council on February
2, 1993: All 611 1321 1331 641 C11 C21 C3,
C4,
E1,
F1, G1 and L1.
City Council Meeting Minutes
February 17, 2015
4 page
2. The property shall be platted.
3. The detached accessory buildings located on Lot 9 shall be removed prior to issuance of any
Building Permits for the new subdivision.
4. 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.
5. 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.
6. 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.
7. Erosion control measures shall be installed and maintained in accordance with City code and
engineering standards.
8. All existing well and septic systems on the site shall be abandoned in accordance with Dakota
County and City standards as part of this development. Well sealing records shall be provided
to the City.
9. The existing home shall connect to City water when the water main is extended into the
development.
10. The proposed storm sewer shall be re- aligned to save the 74.6" diameter cottonwood tree. A
revised Storm Sewer plan shall be submitted, in a form acceptable to the City Engineer.
11. Stormwater rate analysis shall be provided by the developer to clearly demonstrate that all
affected stormwater pipes are sized properly and adequate controls are put in place so the
stormwater drainage system will not be overwhelmed and that the basin inlets are adequately
protected from erosion from this development's additional flow. The analysis shall be provided
in a form acceptable to the City Engineer. The developer shall be solely responsible for these
costs.
12. The existing driveway shall be removed entirely from the current Diffley Road and future
frontage road right -of -way, and the curb and gutter and boulevard restored in a manner
acceptable to the City and County Engineer.
13. The outlot shall be removed from the Plat and the developer shall create a private easement
agreement for the neighbor's existing driveway in a manner acceptable to the City Attorney and
provide a copy of the executed agreement to the City prior to any Building Permits being issued
for the new subdivision.
14. The developer shall be responsible for acquiring all outside agency permits and approvals.
15. This development shall be subject to a cash parks dedication for the nine new parcels payable at
the time of Final Subdivision at the rates then in effect.
16. This development shall be subject to a cash trails dedication for the nine new parcels payable at
the time of Final Subdivision at the rates then in effect.
17. The developer shall submit a revised Tree Mitigation plan at time of Final Subdivision that fulfills
tree mitigation requirements through the installation of thirty -eight (38) Category B trees or an
equivalent number of larger Category A trees ( >= 4" caliper deciduous trees or > =12' height
coniferous trees).
18. Mitigation trees shall not be installed in any public easement area.
City Council Meeting Minutes
February 17, 2015
5 page
19. The developer shall protect the preserved trees' critical root zones through the placement of
required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene
laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root
Zone, whichever is greater, of significant trees /woodlands to be preserved on -site.
20. The developer shall contact the City Forestry Division and set up a pre- construction site
inspection at least five days prior to the issuance of the grading permit to ensure compliance
with the approved Tree Preservation Plan and placement of the Tree Protection Fencing,
21. The developer shall submit a proposal /infrastructure plan to be approved by staff to provide
telecommunications fiber to the homes (FTTH) or conduit to the site to permit third party
providers to install FTTH within the development.
Preliminary Subdivision and Variances — Norton Homes, LLC.
City Administrator Osberg introduced the item noting the Council is being asked to approve a
Preliminary Subdivision to create seven lots upon approximately 4.6 acres and Variances (length of cul-
de -sac and grade of street) for property located at 4865 Pilot Knob Road. The unplatted property
contains a single family home with a detached garage. Osberg noted the buildings would be razed to
allow for the development.
City Planner Ridley gave a staff report.
The applicant was available for questions.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Preliminary
Subdivision (Stone Run) to create seven lots upon approximately 4.6 acres located at 4865 Pilot Knob
Road, subject to the following conditions: Aye: 4 Nay: 0
1. The developer shall comply with these standards conditions of plat approval as adopted by
Council on February 2,1993: All B1, 62, 631 1341 C11 C21 C31 C4, E1, F1, G1, H1 and L1.
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.
6. Erosion control measures shall be installed and maintained in accordance with City Code and
engineering standards.
City Council Meeting Minutes
February 17, 2015
6 page
7. All existing well and septic systems on the site shall be abandoned in accordance with Dakota
County and City standards as part of this development. Well sealing records shall be provided to
the City.
8. All retaining walls shall be located outside of drainage and utility easements.
9. The developer shall either install a traditional pond outlet and construct storm sewer to connect
to the existing storm sewer at the intersection of Steeplechase Way and Wellington Way, or
oversize the pond /infiltration basin to accommodate a minimum of a 100 year storm event, in a
manner acceptable to the City Engineer. The developer shall include the construction of a
physical subsurface barrier to prevent infiltrated storm water from migrating to the property to
the south. The barrier's design shall be acceptable to the City Engineer.
10. The developer shall include the construction of a physical subsurface barrier to prevent
infiltrated storm water from migrating to the property to the south, and the barrier's design
shall be acceptable to the City Engineer.
11. This development shall meet the City's Post Construction Requirements (City Code §4.33) for
stormwater management and surface water quality, including Runoff Rate Control, Total
Phosphorus (TP) & Total Suspended Solids (TSS) Control, and %" Volume Control on the site's
impervious surface area.
12. Prior to receiving city approval to permit land disturbing activity, the developer shall provide
construction details of proposed infiltration basin for City review (cross- section,
construction /protection /sequencing notes, sizing /volume tables, inlet, outlet details, planting
details, etc.), to ensure infiltration basin is properly designed and constructed, and adequately
protected during /after construction, to function as intended to meet City post- construction
stormwater management requirements. These details shall be included in applicable plan
sheet(s). The infiltration basin shall be off -line when at design volume (not on- line /flow-
through), and with a maximum temporary ponding depth of 1.5'. The infiltration basin shall be
planted with live plants (pots or plugs), rather than relying on seed alone.
13. The developer shall provide construction details of proposed stormwater pond for City review
(cross- section, construction /protection /sequencing notes, sizing /volume tables,
inlet /outlet /emergency overflow details, buffer planting details, etc.), to ensure the stormwater
pond is properly designed and constructed according to the MPCA Stormwater Manual, and
adequately protected during /after construction, to function as intended to meet City post -
construction stormwater management requirements. The emergency overflow route shall not
flow across neighboring private properties. These details shall be included in applicable plan
sheet(s).
14. The developer shall provide adequately sized pre- treatment (forebays, catch basin 4' sumps,
etc.) at, or immediately upstream of, all stormwater management facility inlets
(pond /infiltration basin) to provide for effective capture and easily - accessible cleanout of fine -
sand sized particles. These details shall be included in applicable plan sheet(s) in a form
acceptable to the City Engineer.
15. The developer shall provide a minimum of 15- foot -wide unobstructed equipment access path
(without obstructions from grading, private utilities, trees, large shrubs, etc.), from street -edge
to all stormwater management facility inlets /outlets. The unobstructed equipment access path
shall be capable of supporting typical maintenance /excavation equipment for periodic
maintenance access to the pond and infiltration basin. This should be an access easement, in a
form acceptable to the City Attorney.
16. During infiltration basin excavation and sub -soil work, the developer shall ensure that a Certified
Soil Scientist will be present to verify and document that infiltration basin sub -soils are suitable,
City Council Meeting Minutes
February 17, 2015
7 page
capable and constructed to achieve infiltration within 48 hours, at the planned saturated soil
infiltration rate (0.7- inch /hour) and basin depth (not to exceed 1.5 feet).
17. Before the City issues a Certificate of Occupancy on the development site, the developer shall
provide the City Engineer as -built plans that demonstrate that all constructed stormwater
conveyance structures and management facilities (pond /infiltration practice) conform to design
and /or construction plans, as approved by the City. As -built volumes (for detention and
retention) shall be provided for the stormwater management facilities (pond /infiltration
practice). The developer 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.
18. The existing access onto Pilot Knob Road shall be removed, and the curb and gutter, boulevard,
and trail restored in a manner acceptable to the City and County Engineer.
19. The developer shall dedicate right -of -way and provide a restricted access along Pilot Knob Road
(CSAH 31), in accordance with Dakota County standards.
20. This development shall be subject to a cash parks dedication payable at the time of Final
Subdivision at the rates then in effect.
21. This development shall be subject to a cash trails dedication payable at the time of Final
Subdivision at the rates then in effect.
22. The developer shall submit a revised Tree Mitigation plan at time of Final Subdivision that fulfills
tree mitigation requirements through the installation of seventy -four (74) Category B trees or an
equivalent number of larger Category A trees ( >= 4" caliper deciduous trees or > =12' height
coniferous trees).
23. Mitigation trees shall not be installed in any public easement area.
24. The developer shall protect the preserved trees' critical root zones through the placement of
required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate
safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone,
whichever is greater, of significant trees /woodlands to be preserved on -site.
25. The developer shall schedule a site meeting with adjacent landowners to address actions
required to protect critical root zones of off -site trees. The City of Eagan Supervisor of Forestry
shall attend this meeting.
26. The developer shall contact the City Forestry Division and set up a pre- construction site
inspection at least five days prior to the issuance of the grading permit to ensure compliance
with the approved Tree Preservation Plan and placement of the Tree Protection Fencing.
27. The developer shall be responsible for acquiring all outside agency permits and approvals.
28. The developer shall submit a proposal /infrastructure plan to be approved by staff to provide
telecommunications fiber to the homes (FTTH) or conduit to the site to permit third party
providers to install FTTH within the development.
29. No Building Permits shall be issued before all existing structures have been removed from the
site.
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve Variances (length
of cul -de -sac and grade of street) for property located at 4865 Pilot Knob Road, subject to the following
conditions: Aye:4 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
City Council Meeting Minutes
February 17, 2015
8 page
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.
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 Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 7:05
p.m. Aye :S Nay:0
r`
Mayor
tLAW
Clerk City