10/18/2016 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
OCTOBER 18, 2016
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmembers Bakken, Fields, Hansen and Tilley.
A regular meeting of the Eagan City Council was held on Tuesday, October 18, 2016 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and
Tilley. Also present were City Administrator Osberg, Assistant City Administrator Miller,
Communications Director Garrison, Finance Director Pepper, Director of Community Development
Hutmacher, Parks and Recreation Director Pimental, Public Works Director Matthys, Police Lieutenant
New, Fire Chief Scott, City Attorney Bauer, and Executive Assistant Stevenson.
AGENDA
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve the agenda as
presented. Aye:5 Nay:0
City Administrator Osberg noted the addition of Item F. 3800 Dodd Road Right -of -Way Vacation under
Public Hearings.
RECOGNITIONS AND PRESENTATION
There were no recognitions and presentations to be heard.
CONSENT AGENDA
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the Consent
agenda as modified: Aye: 5 Nay: 0
A. It was recommended to approve the minutes of October 4, 2016 regular City Council meeting as
presented.
B. There were no personnel items to consider at this time.
C. It was recommended to ratify the check register dated September 30, and October 7, 2016 as
presented.
D. There were no contracts to consider at this time.
E. It was recommended to approve a revised Joint Powers Agreement to provide recycling services
for the cities of Eagan, Burnsville, Apple Valley, and Lakeville.
F. It was recommended to direct preparation of an Ordinance Amendment to Chapter 5 to permit
'self -pour stations' in on -sale licensed premises and to amend the type of restaurants eligible for
an intoxicating liquor license.
G. It was recommended to approve an On -Sale Liquor and Sunday Liquor License for EI Parian
Mexican Restaurant of Eagan, located at 1960 Cliff Lake Road.
H. It was recommended to approve an Off -Sale 3.2 Percent Malt Liquor (Beer) License for Kwik
Trip, Inc., doing business as Kwik Trip, 4600 Slater Road.
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October 18, 2016
2 page
I. It was recommended to adopt a resolution accepting a $15,000 donation from the Eagan
Citizens' Crime Prevention Association (ECCPA) that will be used to reimburse the City forthe
purchase of a virtual shooting system.
J. It was recommended to receive bids for City Contract 16-10 (Well No. 22 — Building and
Equipment) and award a contract to MN Mechanical Solutions Inc. for the bid amount of
$523,000.00 and authorize the Mayor and Deputy City Clerk to execute all related documents.
K. It was recommended to approve a Joint Powers Agreement with the Dakota County
Transportation Department for Project 1177 (Diff ley Road (CSAH 30) and Nicols Road —
Intersection Improvements) and authorize the Mayor and Deputy City Clerk to execute all
related documents.
L. It was recommended to approve Cost Share, Operation and Maintenance Agreements with the
property owners of 3705 Denmark Avenue, 3711 Denmark Court West, and 3715 Denmark
Court West to help implement a Shoreland and Upland Buffer Project at City Pond JP -15
(adjacent to Fish Lake) through the Water Quality Cost -Share Partnership Program and authorize
the Mayor and Deputy City Clerk to execute all related documents.
M. It was recommended to approve a telecommunication lease agreement with New Cingular
Wireless LLC, for antenna upgrade installations on a designated water reservoir site and
authorize the Mayor and Deputy City Clerk to execute all related documents.
N. It was recommended to authorize the preparation of a Feasibility Report by the City Engineer for
Project 1245 (Quarry Road —Street & Utility Improvements).
O. It was recommended to approve a Comprehensive Guide Plan Amendment from HD (High
Density) to QP (Public/Quasi-Public) upon approximately 4 acres located at 4230 Blackhawk
Road. It was recommended to approve a Rezoning from PD, Planned Development to PF, Public
Facilities, upon approximately 4 acres located at 4230 Blackhawk Road.
P. It was recommended to approve a Final Plat (Cedar Grove Townhomes 4th Addition) for property
located south of Cedar Grove Parkway and east of Nicols Road.
Q. It was recommended to approve the Final Planned Development, Easement Vacation and Final
Subdivision subject to the execution of the Final Planned Development Agreement, Tree
Preservation Plan Agreement, Open Space Easement and Trail Plan Agreement, Master Sign
Agreement, Traffic Improvement Escrow Agreement, Event Travel Demand Management Plan
Agreement, Development Contract and Easement Vacation for (Viking Lakes) — MV Eagan, LLC.
PUBLIC HEARINGS
Final Assessment Hearings — Street Improvements for:
Project 1202, Eagan Business Commons (Commers Drive),
Project 1142, Nicols Road (Silver Bell Road to 1,235' North)
Project 1194, Whispering Woods 9th, 11th -13th Additions,
Project 1195, Oslund Timberline/McCarthy Ridge,
Project 1197, Cedar Grove 4th Addition
Public Works Directory Matthys gave an overview of Projects 1202, 1142, 1194, 1195 and 1197.
Matthys noted the Final Assessment Roll was presented to the City Council on September 20, 2016, with
a public hearing scheduled for October 18, 2016, to formally present the final costs associated with
these public improvements to the affected benefitting properties.
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October 18, 2016
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Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to close the Public Hearings
and approve the Final Assessment Rolls for Project 1202 (Eagan Business Commons (Commers Drive) —
Street Improvements), Project 1142, Nicols Road (Silver Bell Road to 1,235'North), Project 1194,
Whispering Woods Stn 11th -13th Additions, Project 1195, Oslund Timberline / McCarthy Ridge, and
Project 1197, Cedar Grove 4th Addition, and authorize its certification to Dakota County for collection.
Aye:5 Nay:O
Right -of -Way Vacation — 3800 Dodd Road
City Administrator Osberg introduced the item noting the Council is being asked to close the public
hearing and continue action to vacate excess public right-of-way at 3800 Dodd Road to coincide with
future City Council consideration of the final plat of Tipperary Addition.
Public Works Director Matthys gave a staff report and provided a site map.
The applicant, Paul Heuer, Pulte Homes, was available for questions.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Bakken moved, Councilmember Fields seconded a motion to close the public hearing
and continue action to vacate excess public right-of-way at 3800 Dodd Road (near Wescott Road) to
coincide with future City Council consideration of the final plat of Tipperary Addition.
There was no old business to be heard.
OLD BUSINESS
NEW BUSINESS
Rezoning, Preliminary Subdivision and Variance — Pulte Homes
City Administrator Osberg introduced the item noting the Council is being asked to consider a rezoning
from Planned Development, and R-1, Single-family Residential, to R -1S, Residential Single-family Small
Lot district on approximately 3.8 acres, and a Preliminary Subdivision consisting of 11 lots, and a
variance to the maximum cul-de-sac length of 500 feet for two cul-de-sacs of 745' and 620' for property
at 3790 and 3800 Dodd Road.
City Planner Ridley gave a staff report and provided a site map.
Paul Heuer, Pulte Homes, introduced himself and gave an overview of the proposal.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
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October 18, 2016
4 page
The Council discussed the rezoning, preliminary subdivision and variance. Councilmember Bakken and
Fields stated they were in favor of the proposed development design but were concerned with the
development being zoned R -1S noting they would rather see it zoned Planned Development. Bakken
and Tilley also noted some concerns with having a single development in two municipalities.
After further discussion about the purpose of the R -1S Zoning District and potential precedent,
members Bakken and Fields stated their preference for Planned Development zoning.
Mayor Maguire asked the applicant how he would like to proceed. Mr. Heuer stated they would not like
to see a denial, and if indeed they would not get the three votes necessary for approval, they would
request the item be tabled.
Members Bakken, Fields and Tilley all stated their support for Planned Development zoning and a
preference to table the item indefinitely to allow the developer time to modify the request from R -1S
zone to a Planned Development. Additionally, it was requested that the City Administrator inquire with
Inver Grove Heights about their interest in Eagan annexing the portion of the neighborhood that is
located in Inver Grove Heights. It was noted that annexation would only be considered if Inver Grove
Heights was open to doing so.
Councilmember Bakken moved, Councilmember Fields seconded a motion to table the item indefinitely
at the request of the applicant. Aye: 5 Nay: 0
Comprehensive Guide Plan Amendment, Rezoning, Preliminary Planned Development,
And Preliminary Subdivision — United Properties Development, LLC
City Administrator Osberg introduced the item noting the Council is being asked to consider approval of
a comprehensive Guide Plan Amendment to the Metropolitan Council to change the land use
designation from Special Area/Major Office to Special Area/Mixed Use, a Rezoning from Agricultural to
Planned Development, a Preliminary Planned Development to establish a mixed use development with
commercial and multi -family residential uses, and a Preliminary Subdivision to create four lots upon
approximately 24 acres located at 1555 Yankee Doodle Road.
City Planner Ridley gave a staff report and provided a site map.
Rick McKelvey, United Properties Development LLC, noted United Properties is a senior housing and
commercial developer, and have partnered with others to do the market rate apartments and hotel
portions of this development.
Mayor Maguire opened the public comment. Creig Andreasen, Bernick Lifson Law Firm, representing
Gramercy Park Cooperative in Eagan, spoke to concerns regarding access to Quarry Park, walkability for
the new proposed road, buffers, and traffic. Bob Burkhart spoke in favor of the development. Marianne
Fletcher, member of the Steering Committee for Eagan Forward, noted her excitement of the
development and how it meets several objectives of Eagan Forward. There being no further public
comment, he turned the discussion back to the Council.
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October 18, 2016
5 page
The Council discussed the proposed development. The Council directed staff to incorporate pedestrian
improvements at the intersection of Central Parkway and Quarry Road as part of the feasibility report
for Project 1245 (Quarry Road — Street & Utility Improvements).
Councilmember Hansen moved, Councilmember Tilley seconded a motion to implement a
Comprehensive Guide Plan Amendment to the Metropolitan Council to change the land use
designation from SA/MO (Special Area/Major Office) to SA/MU (Special Area/Mixed Use) for
approximately 24 acres located north of Yankee Doodle Road and west of Central Parkway. Aye: 5 Nay:
0
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Rezoning from
Agricultural, to PD, Planned Development, upon approximately 24 acres located at 1555 Yankee Doodle
Road, north of Yankee Doodle Road and between Coachman Road and Central Parkway. Aye: 5 Nay: 0
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Preliminary
Planned Development to establish a mixed use development with commercial and multi -family
residential uses, upon approximately 24 acres located at 1555 Yankee Doodle Road, north of Yankee
Doodle Road and between Coachman Road and Central Parkway, subject to the conditions listed:
Aye:S Nay:O
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 Elevation Plans
• Preliminary Landscape Plan
• Preliminary Site Lighting Plan
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 5 -year term.
Uses
5. Unless otherwise approved through the Planned Development, R-4 zoning standards shall apply
to the two multi -family lots (Lots 1 & 2, Block 1), and CSC zoning standards shall apply to the
two commercial lots (Lots 1 & 2, Block 2).
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October 18, 2016
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6. Uses that are considered conditional uses in CSC zoning districts shall be subject to a Planned
Development Amendment and allowed only if such Amendment is approved by the City.
Signage
7. All signage shall be subject to City Code standards. For free-standing signs, a Final Sign Plan
shall be provided at the time of Final Planned Development for each lot.
8. All building address numbers shall be determined by the City at the time of Final Subdivision.
Building identification numbers shall be .installed consistent with the City Code Section 2.78.
Buildings
9. Detailed Final Building Elevations shall be provided at the time of Final Planned Development
for each lot and building. All buildings are subject to compliance with the City Code standards
for design and material finish requirements, which shall be demonstrated at the time of Final
Planned Development.
10. The hotel building shall be subject to compliance with City Code standards, and revised Final
Building Elevations provided at the time of Final Planned Development.
11. A building height maximum of 35' shall apply to the retail building on Lot 2 Block 2.
12. All trash storage areas shall be attached to the principal buildings for commercial uses, or
located within the principal building for the multi -family residential uses. The trash storage area
shall be of a size that can accommodate trash, recyclable materials and (for retail and
commercial) composting materials storage, and constructed in accordance with City Code
design requirements.
13. All mechanical equipment shall be screened from public view per City Code requirements. New
construction shall provide a 30" minimum parapet height for screening of rooftop equipment.
Ground equipment and screening shall be shown on the Final Site Plan.
14. The applicant shall provide required additional storage space and recreational space for the
multi -family buildings, per City Code requirements, to be identified on the final plans and
compliance demonstrated at the time of Final Planned Development.
Landscaping & Tree Preservation
15. A revised Final Landscape Plan shall be submitted at the time of Final Subdivision. Thye Final
Landscape Plan shall include enhanced foundation plantings and screening of parking lots from
public rights-of-way on all lots. Overstory trees shall be planted within parking islands wherever
possible to maximize shade coverage of pavement areas. Also, trees shall be placed so as not to
conflict with pole lighting or utilities such as water main or hydrants.
16. A combined Overall Planting Plan, incorporating both the landscape and mitigation plantings,
shall be provided at the time of Final Subdivision.
17. The applicant shall fulfill tree mitigation requirements through the installation of one -hundred
sixty-six (166) Category A trees.
18. 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.
19. 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.
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7 page
20. A Final Site Lighting Plan will be required for each of the lots at time of Final Planned
Development, and is subject to compliance with City Code standards. Final Site Lighting Plans
shall include building mounted lights as well as the pole -mounted lighting.
Grading/Topography
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.
Stormwater Management/Water Quality
22. The applicant shall provide a minimum of 15 -foot -wide unobstructed equipment access path
(without obstructions from grading, private utilities, trees, large shrubs, etc.), from parking lot
or street -edge to all stormwater facilities' 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.
23. 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 Volume Control (Alternative #2) 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).
24. The applicant shall provide adequately sized pre-treatment (e.g. 4' sump with scour protection
and skimmer hood, etc.) at, or immediately upstream of, all stormwater management facilities
(e.g. pond and sub -surface infiltration chamber gallery) inlets to provide for effective capture
and easily -accessible cleanout of fine -sand sized particles and floatable pollutants. Details shall
be included in applicable plan sheet(s).
25. The applicant shall provide unobstructed maintenance equipment access paths (without
obstructions from grading, private utilities, trees/branches, large shrubs, etc.) through private
drive aisles/parking lots and from pavement -edge to all surface stormwater facilities'
inlets/outlets. The 15 -feet width unobstructed equipment access path shall be capable of fully
supporting typical maintenance equipment, for periodic maintenance access to the surface
storm water facilities. Verify that Landscape/Tree Mitigation Plans do not conflict with this
access requirement.
26. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide the
City with soil boring logs from a minimum of three 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 maximize volume control provided.
27. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide
construction details of the proposed sub -surface infiltration/filtration chamber gallery system
for City review/acceptance by the City Engineer and include in construction plans. Construction
details shall include infiltration/filtration system cross-section(s), acceptable non -limestone rock
base material and depth, limits of bottom fabric, etc. to ensure infiltration/filtration practice is
City Council Meeting Minutes
October 18, 2016
8 page
properly designed, constructed, 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. Erosion & Sediment
Control Plan, Grading Plan, Utility Plan, Details, etc.).
28. During sub -surface infiltration chamber gallery system area over-excavation/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 0.8 -inch per hour
or greater (but less than 8.0 -inch per hour). If the sub -soil infiltration rates are less than 0.8 -inch
per hour (or greater than 8.0 -inch per hour), the applicant shall immediately notify the City
Engineer. Documentation shall be provided to the City within 48 -hours after infiltration testing.
The applicant shall provide the City Water Resources staff with 24-hour advance notice of the
occurrence of infiltration verifications and also prior to any excavation and/or soil backfilling
within the infiltration practices (City Water Resources staff contact/instructions shall be
clearly/prominently listed on appropriate plan sheets).
29. Prior to receiving city approval to permit land disturbing activity, the property owner shall
provide detailed stabilization and revegetation plans for a diverse native plant buffer around the
proposed pond and existing wetland, for City review and acceptance by the City Engineer, and
clearly identified and detailed in the Landscape Plans. The applicant shall provide clear
assurances that the pond buffer planting will be appropriately planned, installed, and
established (including a 2 -year establishment/maintenance period) by -an experienced native
plant buffer restoration contractor.
30. 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, sod, permanent seeding or plant materials, 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 greater than 5% soil organic matter content and less than
200 psi of soil compaction in the top 12" of topsoil, 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, Landscape Plan, etc.).
31. Prior to receiving a Certificate of Occupancy for any affected construction, Soil Management
Strategy implementation documentation (e.g. representative on-site soil samples/soil organic
content and pH, and compaction testing results) shall be provided to City Water Resources staff
to verify compliance with approved soil management strategy. City Water Resources staff shall
be notified, with 24-hour advance notice, for inspection during soil amendment process, prior to
installation of any irrigation, sod, permanent seeding or plant materials„ to verify soil
compliance. Provide plan sheet notes/instructions on all applicable plan sheets. (e.g. Erosion &
Sediment Control Plan, Grading & Drainage Plan, Landscape Plan, etc.).
32. Before the city returns any Stormwater-related Performance Guarantee Fees on the
development site, the Owner of the parcel with the private sub -surface infiltration/filtration
chamber gallery 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,
33. Before the city returns any Stormwater-related Performance Guarantee Fees on the
development site, the applicant shall provide the City Engineer as -built plans that demonstrate
that all constructed stormwater conveyance structures, stormwater management facilities
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October 18, 2016
9 page
(sumps, pond, sub -surface infiltration chamber gallery, etc.) and soil management strategies
conform to design and/or construction plans, as approved by the City. As -built volumes (for
pond dead/live storage and retention/infiltration temporary storage) shall be provided for the
stormwater storage 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.
Utilities
34. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
35. All well and septic systems within the development shall be abandoned in accordance with City
and County standards.
Telecommunications
36. 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
Final Subdivision.
Access/Streets
37. The extension of Quarry Road through the development shall be the responsibility of the
developer.
38. The extension of Quarry Road, from Central Parkway to the west edge of the property, shall be
designed with horizontal/vertical curvature in accordance with City engineering standards, and
match the alignment of existing right-of-way on the properties to the east and west.
39. The west end of Quarry Road shall be designed with an alignment that is acceptable to the City
Engineer.
40. "No Parking/Fire lane" signage shall be installed along all private streets within the
development.
Easements/Rights-of-Way/Permits
41. The developer shall provide private maintenance agreements and cross -easements for
ingress/egress and shared parking, in a form acceptable to the City Attorney, at time of final
subdivision approval.
42. A trail easement shall be provided for any public trail that is not located in public right-of-way.
Parks and Recreation
43. This development is subject to cash park dedication for all four lots, payable at the time of
Building Permit at the rates then in effect.
44. This development is subject to trail dedication to be fulfilled through a combination of the
construction of on-site trails and cash dedication. On-site trails determined to have public
benefit will be credited toward the cash dedication otherwise due. The final trail dedication
calculations will be performed at the time of final subdivision, with trail construction to be
secured through the development contract, and any cash trail dedication amount collected prior
to release of the plat for recording.
City Council Meeting Minutes
October 18, 2016
10 page
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Preliminary
Subdivision (Quarry Road Addition) to create four lots upon approximately 24 acres located at 1555
Yankee Doodle Road, north of Yankee Doodle Road and between Coachman Road and Central Parkway,
subject to the following conditions: Aye: 5 Nay: 0
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, B4, C1, C2, C3, C4, D1, E1, F1, G1, H1, 11,
2. The property shall be platted.
Platting
3. The property shall be platted.
4. All building address numbers shall be determined by the City at the time of Final Subdivision.
Building identification numbers shall be installed consistent with the City Code Section 2.78.
Landscaping & Tree Preservation
5. A revised Final Landscape Plan shall be submitted at the time of Final Subdivision. The Final
Landscape Plan shall include enhanced foundation plantings and screening of parking lots from
public rights-of-way on all lots. Overstory trees shall be planted within parking islands wherever
possible to maximize shade coverage of pavement areas. Also, trees shall be placed so as not to
conflict with pole lighting or utilities such as water main or hydrants.
6. A combined Overall Planting Plan, incorporating both the landscape and mitigation plantings,
shall be provided at the time of Final Subdivision.
7. The applicant shall fulfill tree mitigation requirements through the installation of one -hundred
sixty-six (166) Category A trees.
8. 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.
9. 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,
Grading/Topography
10. 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.
Stormwater Management/Water Quality
11. The applicant shall provide a minimum of 15 -foot -wide unobstructed equipment access path
(without obstructions from grading, private utilities, trees, large shrubs, etc.), from parking lot
or street -edge to all stormwater facilities' inlets/outlets. The unobstructed equipment access
City Council Meeting Minutes
October 18, 2016
11 page
path shall be capable of supporting typical maintenance / excavation equipment, for periodic
maintenance access to the pond and infiltration basin.
12. 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 Volume Control (Alternative #2) 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).
13. The applicant shall provide adequately sized pre-treatment (e.g. 4' sump with scour protection
and skimmer hood, etc.) at, or immediately upstream of, all stormwater management facilities
(e.g. pond and sub -surface infiltration chamber gallery) inlets to provide for effective capture
and easily -accessible cleanout of fine -sand sized particles and floatable pollutants. Details shall
be included in applicable plan sheet(s).
14. The applicant shall provide unobstructed maintenance equipment access paths (without
obstructions from grading, private utilities, trees/branches, large shrubs, etc.) through private
drive aisles/parking lots and from pavement -edge to all surface stormwater facilities'
inlets/outlets. The 15 -feet width unobstructed equipment access path shall be capable of fully
supporting typical maintenance equipment, for periodic maintenance access to the surface
storm water facilities. Verify that Landscape/Tree Mitigation Plans do not conflict with this
access requirement.
15. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide the
City with soil boring logs from a minimum of three 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 maximize volume control provided.
16. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide
construction details of the proposed sub -surface infiltration/filtration chamber gallery system
for City review/acceptance by the City Engineer and include in construction plans. Construction
details shall include infiltration/filtration system cross-section(s), acceptable non -limestone rock
base material and depth, limits of bottom fabric, etc. to ensure infiltration/filtration practice is
properly designed, constructed, 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. Erosion & Sediment
Control Plan, Grading Plan, Utility Plan, Details, etc.).
17. During sub -surface infiltration chamber gallery system area over-excavation/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 0.8 -inch per hour
or greater (but less than 8.0 -inch per hour). If the sub -soil infiltration rates are less than 0.8 -inch
per hour (or greater than 8.0 -inch per hour), the applicant shall immediately notify the City
Engineer. Documentation shall be provided to the City within 48 -hours after infiltration testing.
The applicant shall provide the City Water Resources staff with 24-hour advance notice of the
occurrence of infiltration verifications and also prior to any excavation and/or soil backfilling
within the infiltration practices (City Water Resources staff contact/instructions shall be
clearly/prominently listed on appropriate plan sheets).
18. Prior to receiving city approval to permit land disturbing activity, the property owner shall
provide detailed stabilization and revegetation plans for a diverse native plant buffer around the
City Council Meeting Minutes
October 18, 2016
12 page
proposed pond and existing wetland, for City review and acceptance by the City Engineer, and
clearly identified and detailed in the Landscape Plans. The applicant shall provide clear
assurances that the pond buffer planting will be appropriately planned, installed, and
established (including a 2 -year establishment/maintenance period) by an experienced native
plant buffer restoration contractor.
19. 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, sod, permanent seeding or plant materials, 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 greater than 5% soil organic matter content and less than
200 psi of soil compaction in the top 12" of topsoil, 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, Landscape Plan, etc.).
20. Prior to receiving a Certificate of Occupancy for any affected construction, Soil Management
Strategy implementation documentation (e.g. representative on-site soil samples/soil organic
content and pH, and compaction testing results) shall be provided to City Water Resources staff
to verify compliance with approved soil management strategy. City Water Resources staff shall
- be notified; with 24-hour advance notice, for -inspection during soil amendment process, prior to
installation of any irrigation, sod, permanent seeding or plant materials„ to verify soil
compliance. Provide plan sheet notes/instructions on all applicable plan sheets. (e.g. Erosion &
Sediment Control Plan, Grading & Drainage Plan, Landscape Plan, etc.).
21. Before the city returns any Stormwater-related Performance Guarantee Fees on the
development site, the Owner of the parcel with the private sub -surface infiltration/filtration
chamber gallery 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.
22. Before the city returns any Stormwater-related Performance Guarantee Fees on the
development site, the applicant shall provide the City Engineer as -built plans that demonstrate
that all constructed stormwater conveyance structures, stormwater management facilities
(sumps, pond, sub -surface infiltration chamber gallery, etc.) and soil management strategies
conform to design and/or construction plans, as approved by the City. As -built volumes (for
pond dead/live storage and retention/infiltration temporary storage) shall be provided for the
stormwater storage 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.
Utilities
23. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
24. All well and septic systems within the development shall be abandoned in accordance with City
and County standards.
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October 18, 2016
13 page
Telecommunications
25. 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
Final Subdivision.
Access/Streets
26. The extension of Quarry Road through the development shall be the responsibility of the
developer.
27. The extension of Quarry Road, from Central Parkway to the west edge of the property, shall be
designed with horizontal/vertical curvature in accordance with City engineering standards, and
match the alignment of existing right-of-way on the properties to the east and west.
28. The west end of Quarry Road shall be designed with an alignment that is acceptable to the City
Engineer.
29. "No Parking/Fire lane" signage shall be installed along all private streets within the
development.
Easements/Rights-of-Way/Perm its
30. The developer shall provide private maintenance agreements and cross -easements for
ingress/egress and shared parking, in a form acceptable to the City Attorney, at time of final
subdivision approval.
31. A trail easement shall be provided for any public trail that is not located in public right-of-way.
Parks and Recreation
32. This development is subject to cash park dedication for all four lots, payable at the time of
Building Permit at the rates then in effect.
33. This development is subject to trail dedication to be fulfilled through a combination of the
construction of on-site trails and cash dedication. On-site trails determined to have public
benefit will be credited toward the cash dedication otherwise due. The final trail dedication
calculations will be performed at the time of final subdivision, with trail construction to be
secured through the development contract, and any cash trail dedication amount collected prior
to release of the plat for recording.
The Council took a 10 minute break.
Planned Amendment Development and Preliminary Subdivision
(Blue Ridge Eighth Addition) — PLC, LLC
City Administrator Osberg introduce the item noting Council is being asked to consider approval of a
Planned Development Amendment for the development of a four-story hotel located at 2900 Lone Oak
Parkway, and a Preliminary Subdivision to create two lots upon approximately 12 acres.
City Planner Ridley gave a staff report and provided a site map.
Ted Gonzier, applicant, stated the developer has been looking for a location in Eagan and is excited
about the site and is available for questions.
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October 18, 2016
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The Council discussed the proposed development, stay & fly parking and the proposed parking shortage.
Mayor Maguire opened the public comment.
Don Becker, MV Eagan Properties, noted a conference hotel feasibility study is currently underway for
the Vikings Lake development. Mr. Becker questioned the feasibility of a conference center hotel if
another hotel is built on site or in the vicinity.
There being no further public comment, he turned the discussion back to the Council.
Mayor Maguire acknowledged the feasibility study and suggested the study would take into account the
potential dynamic of additional hotel development in the City.
After further discussion, several Councilmembers stated their concerns regarding the parking shortage,
size of parking stalls and the use as a park/stay and fly as reasons they could not support the
amendment as presented.
The applicant stated they could pick up additional parking if they revised the plan. Mayor Maguire
noted he would be open to reviewing a revised plan at a future meeting.
Councilmember Bakken moved, Councilmember Fields seconded a motion to direct preparation of
Findings of Fact for denial of a Planned Development Amendment for the development of a four-story
hotel located at 2900 Lone Oak Parkway, legally described at Lot 1, Block 1, Blue Ridge Third Addition.
Aye: 2 Nay: 3 (Maguire, Hansen, Tilley) Motion failed.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to continue the item to the
December 6, 2016 regular City Council meeting. Aye: 3 Nay: 2 (Bakken, Fields)
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update to be heard.
ADMINISTRATIVE AGENDA
CITY COUNCIL
Mayor Maguire acknowledged that Jessica Harper, currently an editor for Sun Thisweek, will be leaving
and wished her good luck.
VISITORS TO BE HEARD
Past practice and policy during election years, from the opening of the Council candidate filing period
through the November election, the Visitors to be Heard segment of the meeting shall occur for a period
of time not to exceed ten minutes and will not be televised.
There were no visitors to be heard.
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October 18, 2016
15 page
ADJOURNMENT
Councilmember Hansen moved, Councilmember Tilley seconded a motion to adjourn the meeting at
9:45 p.m. Aye: 5 Nay: 0
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