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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. City Council Meeting Minutes 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. City Council Meeting Minutes October 18, 2016 3 page 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. City Council Meeting Minutes 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. City Council Meeting Minutes 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). City Council Meeting Minutes October 18, 2016 6 page 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. City Council Meeting Minutes October 18, 2016 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 City Council Meeting Minutes 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. City Council Meeting Minutes 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. City Council Meeting Minutes October 18, 2016 14 page 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. City Council Meeting Minutes 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 SOME Date Mayor Com' W��.`� C7O • �`�""� City Cler