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09/01/2015 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota SEPTEMBER 1, 2015 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire and Councilmembers Bakken, Fields, Hansen and Tilley. Theresa Eisele addressed the Council regarding traffic concerns at the intersection of Diffley Road and Braddock Trail. A regular meeting of the Eagan City Council was held on Tuesday, September 1, 2015 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire and Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Osberg, Director of Communications Garrison, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Parks and Recreation Director Johnson, Police Chief McDonald, Fire Chief Scott, and Executive Assistant Stevenson. AGENDA Councilmember Tilley moved, Councilmember Fields Hansen seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentations to be heard. CONSENT AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent Agenda as modified: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of August 11, 2015 Special City Council meeting, and August 18, 2015 regular City Council meeting as presented or modified. B. Personnel Items 1. It was. recommended to acknowledge staff correction to previous Council Action taken on July 21, 2015 to re-classify lieutenants. 2. It was recommended to authorize the hiring of Charlie Fredricks for Streets Engineering Technician I. 3. It was recommended to approve policy revisions to the Health Care Savings Plan. C. It was recommended to ratify the check register dated August 14 and 21, 2015 as presented. D. It was recommended to approve the ordinary and customary contracts with Cornerstone Parking Group, School District 191, Stevens Drilling & Environmental Services Inc., Wal-Mart Stores, Inc./Sam's West, Inc. E. It was recommended to reschedule the December 1, 2015 regular City Council meeting to November 30, 2015. F. It was recommended to approve an Easement Vacation of public drainage and utility easements located on Lot 1, Block 1, Leibel Addition. It was recommended to approve a Final Subdivision (Cedar Grove Townhomes 2nd Addition) to create six (6) townhome lots upon approximately 0.8 acres located at the southeast corner of Cedar Grove Parkway and City Council Meeting Minutes September 1, 2015 2 page Gold Trail, and it was recommended to approve a Final Planned Development for development of six (6) townhome dwelling units upon Lot 1, Block 1, Cedar Grove Townhomes 2nd Addition located at the southeast corner of Cedar Grove Parkway and Gold Trail. G. It was recommended to approve a Final Plat (Cedar Grove Townhomes 3rd Addition) located south of Cedar Grove Parkway and east of Nicols Road. H. It was recommended to direct preparation of a City Code Amendment to clarify permissible rental of residential -zoned properties. I. Item pulled for further discussion. J. It was recommended to approve Change Order No. 1 to Contract 15-15 (Yankee Doodle Road (CSAH 28) / Promenade Avenue / O'Leary Lane — Intersection Improvements), and authorize the Mayor and City Clerk to execute all related documents. K. It was recommended to approve the plans and specifications for Contract 15-23 (Well No. 3 Restoration —Trunk Water Improvements), and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, September 24, 2015 at the Utility Building, located at 3419 Coachman Point, Eagan, MN 55122. L. It was recommended to approve the hiring of Leo A Daly architects to prepare plans and specifications for the Civic Arena storage building. M. It was recommended to approve a resolution to accept a donation of %x528.23 in cash from Honeywell for the purpose of purchasing audio visual equipment for use at the Eagan Civic Arena and to authorize the necessary budget adjustment and direct the Mayor and City Clerk to sign the appropriate documents. N. It was recommended to adopt a resolution authorizing acceptance of $50 donation from an Eagan Citizen. O. it was recommended to adopt a resolution approving an Exempt Permit for The Open Door to conduct a raffle on October 4, 2015 at Lost Spur Golf and Event Center, 2750 Sibley Memorial Highway. Mayor Maguire pulled Item I. — Adopt Findings of Fact for Denial — Prestige Preschool, for separate action. The applicant, Jon Fahning of Shingobee Builders addressed the Council asking to have Item I. pulled for further discussion. He noted they would like the opportunity to provide documentation of accurate and factual information as it relates to the project and the conditions in which the denial of the Development Amendment was voted upon. Councilmember Bakken and others stated their reasons for supporting a denial. Councilmember Tilley moved, Councilmember Hansen seconded the motion for reconsideration of the Findings of Fact for Denial. Aye: 2 Nay: 3 (Maguire, Bakken, and Fields opposed) Councilmember Fields moved, Councilmember Bakken seconded the.motion to adopt Findings of Fact, Conclusion and Resolution of Denial of a request for Planned Development Amendment to allow a single -story 10,400 sq. ft. childcare facility located at 4150 Knob Drive. Aye: 5 Nay: 0 City Council Meeting Minutes September 1, 2015 3 page PUBLIC HEARINGS Boulder takes Addition — Easement Vacation City Administrator Osberg introduced the item noting on July 16, 2015, City staff received a petition from Greg Miller, representing Interstate Partners, requesting the vacation of an existing drainage and utility easement over all of Outlot B, Boulder Lakes, north of Lone Oak Road and east of Ames Crossing Road, in northeast Eagan. Osberg noted the Council is being asked to close the public hearing and continue action to coincide with future City Council consideration of the Boulder Lakes 3`d Addition final plat and subdivision. Public Works Director Matthys gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to close the public hearing to consider vacating a public drainage and utility easement over all of Outlot B, Boulder Lakes, and continue action to coincide with future City Council consideration of the Boulder Lakes 3`d Addition final plat and subdivision. Aye: 5 Nay: 0 Certification of Delinquent Utilities City Administrator Osberg noted at the August 3, 2015 City Council meeting, a public hearing was scheduled for September 1, 2015. The public hearing is to consider approving final assessment for the delinquent utility bills and authorize certification to Dakota County for collection with property taxes. The City currently has approximately 959 utility bill accounts with delinquent balances. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to close the public hearing and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. Aye: 5 Nay: 0 Certify Delinquent Nuisance Abatement Bills City Administrator Osberg noted the City Code allows for collection of delinquent nuisance abatement bills through certification to property taxes. At the August 3, 2015 City Council meeting, a public hearing was scheduled for September 1, 2015. The City currently has one property with delinquent false alarm invoices, six properties with delinquent mowing and noxious weed removal, and two diseased tree removal invoices. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. City Council Meeting Minutes September 1, 2015 4 page Councilmember Hansen moved, Councilmember Tilley seconded a motion to close the public hearing and approve the final assessment roll for delinquent nuisance abatement bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 There are no old business items to be heard. OLD BUSINESS NEW BUSINESS Conditional Use Permit — LeMay Lake Apartments City Administrator Osberg introduced the item noting the applicant is proposing a new clubhouse building and associated site improvements in the central portion of the site, in the area of the swimming pool. The Council is being asked to consider approval of a conditional use permit to allow an increase of impervious surface coverage in a Shoreland Overlay District of LeMay Lake, upon property located at 3005 Eagandale Place. City Planner Ridley gave a staff report. Griffin Jameson, on behalf of 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 Tilley seconded a motion to approve a Conditional Use Permit to allow an increase of impervious surface coverage in a Shoreland Overlay District of LeMay Lake, upon property located at 3005 Eagandale Place, subject to the following conditions: Aye: 5 Nay: 0 This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council with the following exhibit: • Site Plan dated July 15, 2015 • Landscape Plan dated July 15, 2015 Prior to receiving city approval to permit land disturbing activity: The property owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the inspection and maintenance required to occur to ensure proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. This Agreement shall be filed in the property records with Dakota County Recorder's Office, at the applicant's expense. The applicant shall provide the City with soil boring logs from a minimum of two soil - borings within any proposed infiltration area, extending a minimum of 10' below the bottom of the proposed infiltration feature, to evaluate and ensure suitability for infiltration. If the soil boring logs indicate incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting stormwater retention/mitigation requirements, the applicant shall revise the design and/or construction plans (e.g. over- excavation/soil-amendment depth, etc.) to ensure requirements are fully met. City Council Meeting Minutes September 1, 2015 5 page c. The applicant shall provide construction details of proposed infiltration basins 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, details for stable inlets/outlets/emergency overflows, pre-treatment features, soil amendment criteria, live planting/seeding/temporary & permanent erosion -control details, etc., to ensure infiltration practice is properly designed, constructed, planted, and adequately protected during / after construction to prevent clogging, and able to be properly maintained to function as intended. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Grading, Utility, Landscape Plan sheets, etc.). d. The property owner shall provide clear assurances to the City that by final grading, prior to installation of any irrigation and plantings, the disturbed areas that are to be revegetated shall have protected and/or restored soil permeability to non -compacted soil conditions to a 12 -inch depth with no less than 5% soil organic matter content, to comply with impervious mitigation requirements. 3. During infiltration practice over -excavation and sub -soil work, the applicant shall ensure that a Certified Soil Scientist will be present to verify and document that for each infiltration practice area sub -soils are suitable for a saturated condition infiltration rate of 1 -inch per hour or greater (but less than 8.0 -inch per hour). If the sub -soil infiltration rates are less than 1 -inch per hour (or greater than 8.0 -inch per hour), the applicant shall immediately notify the City Engineer and revise the volume control practice(s) as necessary (e.g. over-excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met. At completion of final grading within each surface infiltration basin, but prior to planting, the applicant shall ensure that a soil scientist will be present to verify and document that the infiltration practice is suitable to infiltrate a minimum of 1 -inch per hour or greater in saturated conditions. Documentation shall be provided to the City within 48 -hours after infiltration testing. The applicant shall provide the City Water Resources staff with 24-hour advance notice of the occurrence of infiltration verifications and also prior to any soil backfilling within any of the infiltration practices. Conditional Use Permit & Variances — New Horizon Academy City Administrator Osberg introduced the item noting the Council is being asked to consider approval of a conditional use permit to allow the development of an approximately 11,900 sq. ft. two-story childcare facility, and to approve a 40' variance to the required 50' structure setback from a major thoroughfare upon property located at 4585 Erin Lane. City Planner Ridley gave a staff report noting clarification from the applicant has been received, the green space issue is now at the required minimum of 30%, the height of the landscaping condition has been met. A. Peter Hilger, representing New Horizon spoke to green space, trash enclosure, landscaping, paved walkways and parking calculations and was available for questions. Mayor Maguire opened the public comment, there being no public comment, he turned the discussion back to the Council. The Council discussed the conditional use permit and variance. City Council Meeting Minutes September 1, 2015 6 page Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Conditional Use Permit to allow the development of an approximately 11,900 sq. ft., two-story childcare facility with 31 parking stalls, upon property located at 4585 Erin Lane, subject to the following conditions: Aye:5 Nay:O 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council and proof of its recording provided to the City. 2. This CUP shall supersede and replace prior CUP's granted to this property. 3. The applicant shall submit a revised Site Plan to reduce the amount of impervious surface coverage to meet the 30% minimum requirement. 4. The property shall be developed in accordance with the Site Plan, as revised. 5. There shall be no more than two school buses/vans kept on the property, and such vehicles must be parked within a standard parking stall. 6. The trash enclosure shall be constructed of brick to match the building, with an opaque gate that is compatible with the building finish materials. The overhead door shall be painted an earth tone to match the building. 7. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. 8. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to the issuance of a building permit. 9. The Landscape Plan shall be revised to establish buffers between the building and public rights- of-way, especially along TH 77. The plantings shall achieve 75% opacity year round at maturity. 10. A revised Landscape Plan shall be submitted to add foundation plantings and to provide screening of any ground transformers. 11. Automatic irrigation shall be provided for all landscaped areas. A financial guarantee for installation of the landscaping shall be provided in accordance with the City's landscape ordinance, at the time of Building Permit. 12. The Building Elevations provided at the time of Building Permit shall include four sided architecture and meet material finish requirements per CSC zoning standards. 13. Mechanical equipment shall be screened per City Code requirements with a 30" minimum parapet height. The elevation plans shall also indicate that equipment is placed 20' from the edge of buildings as required by City Code, and depicted on final drawings for Building Permit. 14. The applicant shall submit a revised Site Lighting Plan that provides the specifications for the fixtures and average to minimum calculations for the entire site. The fixtures shall have full cutoff performance which are "nighttime friendly". 15. The applicant shall revise the Site Lighting Plan so that the parking lot and drive aisle lighting achieves a minimum of 0.5 footcandles. 16. The revised Site Lighting Plan shall have an average -to -minimum uniformity ratio not greater than 4:1. 17. All signage shall comply with City Sign Code requirements. 18. The building signs shall consist of either individual channel letters or backlit letters. 19. The monument sign base shall be constructed of the same materials used for the principal building. 20. Any utility services to be removed shall be performed in a manner acceptable to the City Engineer. 21. Any damage to the street, curb and gutter, and boulevard of Erin Lane shall be restored in a manner acceptable to the City Engineer. City Council Meeting Minutes September 1, 2015 7 page 22. This development shall meet the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control on the site's new and fully -reconstructed impervious surface area (including effective soil remediation for the site's disturbed soils that are to be revegetated). 23. The applicant shall provide adequately sized pre-treatment (forebays, catch basin 4' sumps, etc.) at, or immediately upstream of, all stormwater management facility inlets to provide for effective capture and easily -accessible cleanout of fine -sand sized particles. Details shall be included in applicable plan sheet(s). 24. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide the City with soil boring logs from a minimum of two soil -borings within any proposed infiltration area, extending a minimum of 10' below the bottom of the proposed infiltration feature, to evaluate and ensure suitability for infiltration. If the soil boring logs indicate incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and/or construction plans (e.g. over- excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met. 25. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide construction details of proposed sub -surface infiltration system for City review/acceptance by the City Engineer and include in construction plans. Construction details shall include infiltration system cross-section(s), appropriate base construction specifications for infiltration, construction sequencing/protection/restoration notes, sizing/volume tables, details for inlets/outlets, unobstructed inspection/maintenance access to inlets/outlets/header row/pipe gallery, etc., to ensure sub -surface infiltration system is properly designed, constructed, and adequately protected during / after construction to prevent clogging, and able to be properly accessed, inspected and maintained 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.). 26. Prior to receiving city approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies for City review, and acceptance by the City Engineer, that provide clear assurances that by final grading, prior to installation of any irrigation and plantings, the disturbed areas that are to be revegetated will have protected and/or restored soil permeability to non -compacted soil conditions in the top 12" of soil with no less than 5% soil organic matter content, to comply with Volume Control requirements. These graphical details and notes on soil protection/restoration shall be included in the Stormwater Management Plan and prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading & Drainage Plan, Utility Plan, Landscape Plan, etc.). Documentation (e.g. representative on-site soil samples) shall be provided to City Water Resources staff to verify approved soil management strategy compliance. 27. Prior to receiving city approval to permit land disturbing activity, the property owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the inspection and maintenance required to occur to ensure proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. 28. During sub -surface infiltration system area over -excavation and sub -soil work, the applicant shall ensure that a Certified Soil Scientist will be present to verify and document that practice area sub -soils are suitable for a saturated condition infiltration rate of 1 -inch per hour or greater (but less than 8.0 -inch per hour). If the sub -soil infiltration rates are less than 1 -inch per hour (or greater than 8.0 -inch per hour), the applicant shall immediately notify the City Engineer and revise the volume control practice(s) as necessary (e.g. over-excavation/soil-amendment depth, City Council Meeting Minutes September 1, 2015 8 page etc.) to ensure volume control requirements are fully met. At completion of structural/compacted base within each subsurface infiltration system, the applicant shall ensure that a soil scientist will be present to verify and document that the subsurface infiltration system's structural/compacted base is suitable to infiltrate a minimum of 1 -inch per hour or greater in saturated conditions. Documentation shall be provided to the City within 48 -hours after infiltration testing. The applicant shall provide the City Water Resources staff with 24-hour advance notice of the occurrence of infiltration verifications and also prior to any sub -surface chamber placement or backfilling within any of the infiltration practices. 29. Before the city issues a Certificate of Occupancy on the development site, the applicant shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sumps, infiltration practices, etc.), and soil management strategies conform to design and/or construction plans, as approved by the City. As -built volumes (for retention) shall be provided for all infiltration practices. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accordance with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a 40' Variance to the required 50' structure setback from a major thoroughfare upon property located at 4585 Erin Lane, subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The Applicant shall obtain an approved Building Permit. Planned Development Amendment (Boulder Lake, Outlot B) — Interstate Partners City Administrator Osberg introduced the item noting the Council is being asked to approve a Planned Development Amendment to change the use and Site Plan from two multi -story office buildings to two office/warehouse buildings, upon Outlot B, Boulder Lakes. The applicant is proposing to modify the use and Site Plan to allow two single -story office/warehouse buildings totaling 225,756 s.f. City Planner Ridley gave a staff report. Greg Miller, applicant, was available for questions. Mayor Maguire opened the public comment, there being no comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to change the use and Site Plan from two multi -story office buildings to two office/warehouse buildings, upon Outlot B, Boulder Lakes, subject to the following conditions: Aye: 5 Nay: 0 1. An Amendment to the Boulder Lakes Preliminary Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. Proof of recording shall be City Council Meeting Minutes September 1, 2015 9 page provided to the City. The PD Amendment Agreement shall require the use on the remaining lots within the PD to be preserved as set forth in the original PD Agreement to maintain compatibility with the Major Office land use and Research and Development zoning designations. The PD Amendment Agreement shall include the following exhibits: a) Site Plan 2. A Final Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office prior to issuance of a building permit. Proof of recording shall be provided to the City. The Final Planned Development Agreement shall include the following exhibits: a) Final Site Plan b) Final Building Elevations c) Final Landscape Plan d) Final Signage Plan e) Final Site Lighting Plan 3. The property shall be platted. 4. This development shall be subject to RD, Research and Development, zoning district setback requirements. 5. Parking setbacks shall be provided in accordance with the City's zoning code. 6. This site shall provide a minimum 58.5% green space. 7. Parking stalls not be less than 9 feet in width and 19 feet in depth. 8. If additional parking spaces are required by an actual tenant in either building that exceeds the number of parking stalls provided, any additional parking provided in the future shall not reduce total green space. 9. Unless the applicant has determined that actual tenant parking needs exceed minimum City Code requirements, parking should be reduced to minimize impervious coverage and the additional stalls may be shown as future proof of parking. 10. A detailed landscape plan shall be submitted at the time of Final Planned Development for each building, overlaid on the grading and utility plans and including a landscape schedule and planting specifications and notes. 11. Outdoor storage shall be prohibited. 12. Monument signage shall be consistent in design with other signage in this Planned Development, and City Code standards. 13. Building Signage shall be consistent with City Code requirements. 14. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code 15. Building architecture and materials shall comply with the City's architectural standards ordinance. Final Building Elevations shall be revised to provide the minimum 65% Class materials ratio on the three exterior facing elevations of each building. The buildings shall utilize some common architectural features and materials consistent with the other buildings in this Planned Development. 16. Trash and recyclables storage shall be contained internally within each tenant space. Outdoor trash enclosures, Dumpsters, or recycling containers or compactors shall not be allowed. 17. The Applicant shall utilize the same lighting fixtures, or if the same product is not available, provide as close a match as possible to the other developed lots in this Planned Development, and document the comparison to demonstrate the consistency. 18. The Site Lighting Plan shall be revised to provide a minimum 0.5 footcandles throughout all parking lot areas, and an average to minimum ratio that does not exceed 4.0 footcandles. City Council Meeting Minutes September 1, 2015 10 page 19. The Planting Plan shall be titled as Landscape Plan and show required landscaping to meet City Code requirements. A separate Combined or Overall Planting Plan shall also be provided showing both the required Landscaping and proposed Tree Mitigation Plantings on one plan sheet. 20. The Landscape Plan shall include a greater variety of tree species to minimize susceptibility to disease and pests. 21. The Tree Mitigation Plan shall be revised to omit required landscape trees, and provide for required mitigation. 22. This development should provide for its share of the outstanding mitigation of 65 tree from the initial site development, to be identified on the revised Final Tree Mitigation Plan, and subject to review and approval of the City Forester. 23. The applicant shall fulfill tree mitigation requirements through the installation of 327 Category B trees or equivalent Category A or C trees, or cash amount, and its share of the outstanding mitigation of 65 tree from the initial site development. The mitigation shall be identified on the revised Final Tree Mitigation Plan, and subject to review and approval of the City Forester. Installation of tree mitigation shall be accomplished with the Building Permit, and corresponding financial guarantee provided in accordance with City Code. 24. The applicant shall ensure the survival of preserved trees via protection of the tree's 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. 25. The applicant 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. 26. All ground and roof -mounted mechanical equipment shall be screened in accordance with the provisions of the City's zoning code. 27. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies. 28. A detailed land disturbance and erosion control plan shall be prepared in accordance with current City land disturbance and erosion control regulations at the time of Building Permit. 29. 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. 30. The relocation of the public storm sewer on the property shall be in accordance with City Engineering standards. Public drainage & utility easement shall dedicated over the relocated storm sewer, in accordance with City standards. 31. The applicant shall fully meet Minn. Rules Ch. 8420 (Wetland Conservation Act requirements) and City Code §11.67 (Wetlands Protection and Management Regulations). 32. This development shall meet the City's Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control on the site's new and fully -reconstructed impervious surface area (including effective soil remediation for the site's disturbed soils that are to be revegetated). City Council Meeting Minutes September 1, 2015 11 page 33. The applicant shall provide unobstructed equipment access paths (without obstructions from grading, private utilities, trees/branches, large shrubs, etc.), from street -edge to all surface stormwater facilities' inlets/outlets. The unobstructed equipment access path shall be capable of supporting typical maintenance /excavation equipment, for periodic maintenance access to the surface storm water facilities. 34. The applicant shall provide adequately sized pre-treatment (forebays, catch basin 4' sumps, etc.) at, or immediately upstream of, all stormwater management facility inlets to provide for effective capture and easily -accessible cleanout of fine -sand sized particles. Details shall be included in applicable plan sheet(s). 35. Prior to receiving city approval to permit land disturbing activity: a) The applicant shall provide the City with soil boring logs from a minimum of two soil - borings within any proposed infiltration area, extending a minimum of 10' below the bottom of the proposed infiltration feature, to evaluate and ensure suitability for infiltration. if the soil boring logs indicate incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and/or construction plans (e.g. over-excavation/soil- amendment depth, etc.) to ensure volume control requirements are fully met. b) The applicant shall provide construction details of proposed infiltration basins 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, details for stable inlets/outlets/emergency overflows, unobstructed inspection/maintenance access areas to inlets/outlets, soil amendment criteria, live planting/seeding/temporary & permanent erosion -control details, etc., to ensure infiltration practice is properly designed, constructed, planted, and adequately protected during / after construction to prevent clogging, and able to be properly maintained (e.g. unobstructed equipment access, etc.) to function as intended. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading Plan, Utility Plan, Landscape Plan, etc.). c) The applicant shall provide construction details of proposed sub -surface infiltration systems for City review/acceptance by the City Engineer and include in construction plans. Construction details shall include infiltration system cross-section(s), construction sequencing/protection/restoration notes, sizing/volume tables, details for inlets/outlets, unobstructed inspection/maintenance access to inlets/outlets, header row and pipe gallery, etc., to ensure sub -surface infiltration system is properly designed, constructed, and adequately protected during / after construction to prevent clogging, and able to be properly accessed, inspected and maintained 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.). d) The property owner shall provide detailed Soil Management Strategies for City review, and acceptance by the City Engineer, that provide clear assurances that by final grading, prior to installation of any irrigation and plantings, the disturbed areas that are to be revegetated will have protected and/or restored soil permeability to non -compacted soil conditions with no less than 5% soil organic matter content, to comply with Volume Control requirements. These graphical details and notes on soil protection/restoration shall be prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading Plan, Utility Plan, Landscape Plan, etc.) and also clearly described in the Stormwater Management Plan. Documentation (e.g. soil organic matter/bulk density testing of representative on-site City Council Meeting Minutes September 1, 2015 12 page soil samples) shall be provided to City Water Resources staff to verify approved soil management strategy compliance, prior to installation of irrigation or landscape plantings. e) The property owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the inspection and maintenance required to occur to ensure proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. 36. During infiltration practice over -excavation and sub -soil work, the applicant shall ensure that a Certified Soil Scientist will be present to verify and document that for each infiltration practice area sub -soils are suitable for a saturated condition infiltration rate of 1 -inch per hour or greater (but less than 8.0 -inch per hour). If the sub -soil infiltration rates are less than 1 -inch per hour (or greater than 8.0 -inch per hour), the applicant shall immediately notify the City Engineer and revise the volume control practice(s) as necessary (e.g. over-excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met. At completion of final grading within each surface infiltration basin, but prior to planting, the applicant shall ensure that a soil scientist will be present to verify and document that the infiltration practice is suitable to infiltrate a minimum of 1 -inch per hour or greater in saturated conditions. At completion of compacted base within each subsurface infiltration system, the applicant shall ensure that a soil scientist will be present to verify and document that the subsurface infiltration system's compacted base is suitable to infiltrate a minimum of 1 -inch per hour or greater in saturated conditions. Documentation shall be provided to the City within 48 -hours after infiltration testing. The applicant shall provide the City Water Resources staff with 24-hour advance notice of the occurrence of infiltration verifications and also prior to any soil backfilling within any of the infiltration practices. 37. Before the city issues a Certificate of Occupancy on the development site, the applicant shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sumps, infiltration practices, etc.), and soil management strategies conform to design and/or construction plans, as approved by the City. As -built volumes (for retention) shall be provided for all infiltration practices. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 38. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 39. The developer shall provide private utility easements and/or maintenance agreements for all private water mains, in a form acceptable to the City Attorney, prior to the issuance of a Building Permit. 40. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 41. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). This development shall include the installation of fiber optic cable, or a conduit for future installation, in its construction plans at the time of Building Permit. 42. The developer shall provide private cross -easements for ingress/egress and shared parking, in a form acceptable to the City Attorney, prior to the issuance of a Building Permit. 43. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to the issuance of a Building Permit. City Council Meeting Minutes September 1, 2015 13 page 44. This development is responsible for a cash park dedication, payable at the time of Building Permit at the rates then in effect. Trail dedication was satisfied in full with the initial development through Public Improvement Project No. 952. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve vacating a public drainage and utility easement over all of Outlot B, Boulder Lakes. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Final Plat of 43.02 acres to create one lot located on Outlot B, Boulder Lakes Addition. Aye: 5 Nay: 0 Rezoning and Cancellation of Development Agreement — Red Pine Crossing City Administrator Osberg introduced the item noting the Council is being asked to approve a rezoning for 9.82 acres located southeast of Red Pine Lane and Hwy 3 and to cancel the development agreement related to the Red Pine Crossing development and subdivision. City Planner Ridley gave a staff report. Mayor Maguire opened the public comment, there being no comment he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Rezoning for 9.82 acres located southeast of Red Pine Lane and Hwy 3 to Neighborhood Business. Aye: 5 Nay: 0 Councilmember Hansen moved, Councilmember Tilley seconded a motion to cancel the development agreement related to the Red Pine Crossing development and subdivision dated February 17, 2009. Aye:S Nay:O Certification of the Preliminary 2016 Budget and Property Tax Levy, and setting of Public Meeting Date on Which the Budget and Levy will be Discussed City Administrator Osberg introduced the item noting the Council is being asked to set the public hearing of the Payable 2016 levy and budget as Monday, November 30, 2015. Osberg noted we are proposing a levy of $31,688,284, and a preliminary General Fund budget of $32,158,700. The City Council is required by law to certify the proposed payable 2016 budget and property tax levy on or before September 30. Finance Director Pepper was available for questions. Mayor Maguire asked if anyone in the audience would like to comment on the preliminary 2016 budget or property tax levy and setting of public meeting date on which the budget and levy will be discussed. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the preliminary payable 2016 property tax levy as following: Operating $25,237,900, Capital $5,125,717, Debt Service $205,052, Community Center deb service $1,119,615 for a total levy of $31,688,284. Aye: 5 Nay: 0 City Council Meeting Minutes September 1, 2015 14 page Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the preliminary 2016 General Fund budget, including contingency, of $32,158,700. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Hansen seconded a motion to set the date for the public hearing of the 2016 levy and budget as November 30, 2015, and announced the next regularly scheduled meeting at which the levy and budget will be discussed is the City Council meeting of Monday, November 30 at 6:30 p.m., right here in the Council Chambers. The public will be allowed to speak at this meeting and is welcomed and encouraged by the Council. Aye: 5 Nay: 0 City Administrator Osberg noted the Virtual Budget Open House is scheduled for Monday, November 16th at 7:00 p.m. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA There were no comments to be heard. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:45 Aye:5 Nay:0 Date D AV4 Mayor tv y Clerk