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07/19/2016 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JULY 19, 2016 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. A regular meeting of the Eagan City Council was held on Tuesday, July 19, 2016 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, Assistant City Administrator Miller, Communications Director Garrison, Director of Community Development Hutmacher, City Planner Ridley, Director of Public Works Matthys, Director of Parks and Recreation Pimental, Police Chief McDonald, Fire Chief Scott, City Clerk Scipioni, City Attorney Dougherty, and Executive Assistant Stevenson. AGENDA Councilmember Hansen moved, Councilmember Tilley 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 Fields moved, Councilmember Bakken seconded a motion to approve the Consent agenda as presented: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of July 5, 2016 regular City Council meeting as presented. B. Personnel Items: 1. It was recommended to hire seasonal and temporary employees for the summer of 2016: Michael Klein, Brady Wallner, Mitchell Cumming, Kyle Salage, Molly Mccoy, Trevor Anderson, Joshua Brown, Dorea Arguelles, Jack Johnson -Macpherson, and Mara Johnson. 2. It was recommended to hire Marvel Hughes, Part Time Custodian at the Eagan Community Center. 3. It was recommended to hire a Full Time Engineering Tech, to be named. 4. It was recommended to hire a Full Time Fire Fighter, to be named. C. It was recommended to ratify the check register dated July 1 and July 8, 2016 as presented. D. It was recommended to approve the ordinary and customary contract with Pros of the Rope, LLC. E. It was recommended to approve a temporary on -sale liquor license and waive the license fee for St. John Neumann Catholic Church on August 13 and 14, 2016 at 4030 Pilot Knob Road. F. It was recommended to adopt a resolution approving an Exempt Permit for Faithful Shepherd Catholic School to conduct a raffle on September 16, 2016 at 3355 Columbia Drive. G. It was recommended to approve a temporary on -sale liquor license and waive the license fee for Church of St. Thomas Beckett on September 11, 2016 at 4455 South Robert Trail. City Council Meeting Minutes July 19, 2016 2 page H. It was recommended to adopt a resolution approving an Excluded Bingo Permit for the Church of St. Thomas Becket to conduct bingo on September 11, 2016 at 4455 South Robert Trail. I. It was recommended to adopt a resolution approving a Premise Permit for the Eagan High School Football Booster Club to conduct lawful gambling at New Bohemia Eagan, 1278 Town Centre Drive Suite 195. J. It was recommended to approve an Off -Sale Liquor License for Minnesota Fine Wines & Spirits, LLC doing business as Total Wine & More, located at 1440 Central Park Commons. K. It was recommended to approve an On -Sale and Sunday Liquor License for Loco U&ME, LLC doing business as Valley Lounge, located at 3385 Sibley Memorial Highway. L. It was recommended to approve Professional Services Agreements with Thomas Ferber and Nancy Gibbs for temporary election consultation services. M. It was recommended to receive bids for City Contract 16-23 (Country Hollow Lift Station — Sanitary Sewer Improvements), award a contract to G.F. Jedlicki, Inc., for the bid amount of $326,995.00, and authorize the Mayor and City Clerk to execute all related documents. N. It was recommended to approve Change Order No. 2 to Contract 15-23 (Well No. 3 Resotration — Water System Improvements) and authorize the Mayor and City Clerk to execute all related documents. O. It was recommended to approve a Joint Powers Agreement with the Dakota County Transportation Department and the City of Mendota Heights for Project 1220, Pilot Knob Road (CSAR 31) & 1-494 — Traffic Signal Revisions, and authorize the Mayor and City Clerk to execute all related documents. P. It was recommended to approve the recommendations of the Public Works Committee regarding an- appeal to a water meter surcharge. Q. It was recommended to approve the final payment for Contract 16-16 (Denmark Avenue Rain Garden Rehabilitation) in the amount of $497.35 to Outdoor Lab Landscape Design, LLC and accept the improvements for perpetual City maintenance subject to warranty provisions. R. It was recommended to approve a Cost Share, Operation and Maintenance Agreement with Mary and Curtis Kenkel (3669 Pinecrest Court) to help implement a Shoreland and Upland Buffer Project at Fish Lake through the Water Quality Cost -Share Partnership Program and authorize the Mayor and City Clerk to execute all related documents. S. It was recommended to schedule a Public Hearing on August 1, 2016 to consider a business subsidy pursuant to Minnesota Statutes Sections 116J.993 to 116J.995 to J & & Solutions, Inc. d/b/a Corvida Medical, Inc., for development of business at 3660 Dodd Road. T. It was recommended to approve a Final Subdivision, Willow Ridge at Wescott, to create 15 lots upon approximately 10 acres located at 1055 and 1085 Wescott Road, north of Wescott Road and east of Lexington Avenue. U. It was recommended to approve a Final Plat (West End Trap Club) to create one lot upon approximately 19 acres located at 4899 Brooklyn Lane. PUBLIC HEARINGS Variances —City of Eagan City Administrator Osberg introduced the item noting the Council is being asked to consider approval of parking setback variances for two properties along 3386 and 3390 Pilot Knob Road associated with the Pilot Knob Road Corridor Improvements. City Council Meeting Minutes July 19, 2016 3 page Public Works Director Matthys gave a staff report and provided a site map. 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 approve parking setback Variances for two properties along at 3386 and 3390 Pilot Knob Road associated with Pilot Knob Road Corridor Improvements (County Project 31-76/City Project 1095), for 3386 Pilot Knob Road, a 10 foot parking setback variance, and 3390 Pilot Knob Road, a 13 foot parking setback variance. Aye: 5 Nay: d OLD BUSINESS There were no old business items to be heard. NEW BUSINESS Rezoning, Preliminary Planned Development and Preliminary Subdivision (Summerbrooke) — DR Horton Inc. MN City Administrator Osberg introduced the item noting this item was before the Council on April 5, 2016. The item was continued to the June 7 meeting and requested that the applicant consider their concerns regarding the Rezoning to R -1S and access. Subsequently, the applicant withdrew the R -IS Rezoning and Variance requests and submitted for a Rezoning to Planned Development and a Preliminary Planned Development; the preliminary subdivision request hasn't changed in a substantive way. City Planner Ridley gave a staff report and provided a site map. The applicant was present and available for questions. The Council discussed the development. Mayor Maguire opened the public comment. The following residents spoke against the request and shared their concerns regarding traffic, retaining wall, density, and street connection: John Kenley, 750 Camberwell Drive, and Kristie and Brad Hagen, 758 Camberwell Drive. Gary and Ayrica Ash, 755 Diffley Road, shared their concerns regarding their property. There being no further public comment, Mayor Maguire turned the discussion back to the Council. After further discussion several Councilmembers stated concerns regarding the cul-de-sac and southern lot sizes. City Attorney Dougherty clarified that the cul-de-sac modification discussed and the loss of a lot as part of the Final Subdivision application would not require a new Public Hearing. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Rezoning from A, Agricultural, to PD, Planned Development, upon approximately 15 acres located at 775 and 785 Diffley Road. Aye: 3 Nay: 2 (Bakken and Tilley) City Council Meeting Minutes July 19, 2016 4 page Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Preliminary Planned Development (Summerbrooke) for the development of a single family neighborhood consisting of 33 lots upon approximately 15 acres located at 775 and 785 Diffley Road, subject to the following amended conditions: Aye: 3 Nay: 2 (Bakken and Tilley) The property shall be subdivided and platted prior to Final Planned Development approval. The developer shall execute a Preliminary Planned Development Agreement which includes the following plans. • Site Plan (per Site Plan dated May 13, 2016) • Tree Preservation Plan • Tree Mitigation Plan A Final Planned Development Agreement shall be executed prior to issuance of any building permits. The Final Planned Development Agreement shall be recorded against the property at the Dakota County Recorder's office. The following plans are necessary for each Final Planned Development Agreement: • Site Plan • Tree Preservation Plan • Tree Mitigation Plan 4. The term of the Preliminary Planned Development shall be five (5) years. 5. Lots meeting the R-1 minimum dimensional standards of 85' width and 12,000 s.f. area shall be subject to R-1 zoning standards. Those lots meeting the R -1S minimum standards of 65' width and 8,000 s.f. area shall be subject to R-15 zoning standards. 6. Lots that exceed 11,999 s.f. are allowed a maximum building coverage of 20% and lots under 12,000 s.f. are allowed a maximum building 25% coverage. 7. Lots that exceed 11,999 s.f. are allowed a minimum side yard setback of 5' for a garage and 10' for the house and lots under 12,000 s.f. are allowed a minimum side yard setback of 5' for the garage and 6' for the house. 8. Any monument or neighborhood identification signs shall be subject to City Sign Code standards. Any such signs shall be consistent in design throughout the development, and sign plans shall be provided at the time of Final Planned Development. 9. 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 (MNDCT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 10. 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. 11. Erosion control measures shall be installed and maintained in accordance with City Code and engineering standards. 12. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. Well sealing records shall be provided to the City. 13. The developer shall enter into an encroachment agreement with the City, in a form acceptable to the City Attorney, for all retaining walls located in drainage and utility easements. 14. All retaining walls shall be privately owned and maintained. City Council Meeting Minutes July 19, 2016 5 page 15. The developer shall obtain and provide for review by the city attorney a temporary construction easement or agreement from neighboring properties for any off-site work necessary to construct the retaining walls prior to the release of the plat for recording. 16. The developer shall meet all requirements of Minn. Rules Ch. 8420 including application to the City regarding the wetland boundary and any proposed wetland replacement. The City decisions regarding such application shall occur prior to Final Subdivision submittal. 17. 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 (or Alternative Stormwater Management Designs, if fully documented, including on-site testing results and if accepted by the City Engineer) on the site's new impervious surface area (including effective soil remediation for the site's disturbed soils that are to be revegetated). 18. The developer shall provide adequately sized pre-treatment (e.g. forebay, etc.) at, or immediately upstream of, all stormwater management facility (e.g. infiltration basin) 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). 19. The developer shall provide unobstructed equipment access paths (without obstructions from grading, private utilities, landscaping, trees/branches, large shrubs, etc.), from street -edge to all surface stormwater facilities' inlets/outlets. The unobstructed equipment access path (e.g. 15' width reinforced turf system from street edge to both forebay inlet areas) shall be capable of fully supporting typical maintenance/excavation equipment, for periodic maintenance access to the surface storm water facilities. 20. The developer shall provide the City with soil boring logs prior to receiving city approval to permit land disturbing activity from a minimum of four 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 (or properly document for limitations) of infiltration. If the soil boring logs and on-site infiltration testing indicate incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the developer shall revise the design and/or construction plans (e.g. over- excavation/soil-amendment depth, etc.), or at the direction and acceptance of the City Engineer shall proceed with Alternative Stormwater Volume Control Designs, to ensure volume control requirements are fully met, to the satisfaction of the City Engineer. 21. The developer shall provide construction details, prior to receiving city approval to permit land disturbing activity, of the proposed infiltration system for City review/acceptance by the City Engineer and include in construction plans. Construction details shall include infiltration/filtration 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 and 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. Grading Plan, Utility Plan, etc.). Volume and placement of iron - enhanced sand filtration media shall be planned (and documentation/calculations provided to the City Water Resources staff) to achieve a minimum of 25 -years lifespan based on modeled dissolved phosphorus load for the iron -enhanced sand filter. 22. 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 City Council Meeting Minutes July 19, 2016 6 page 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 and less than 200 psi of soil compaction in the top 12" of topsoil, to comply with Volume Control requirements. These graphical details, soil remediation area graphical depictions/keys 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.) to clearly convey requirement to the contractors involved. 23. Prior to receiving a Certificate of Occupancy for any affected residential construction, Soil Management Strategy implementation documentation (e.g. representative on-site soil samples, compaction testing and soil organic content test results) shall be provided to City Water Resources staff to verify approved soil management strategy compliance. 24. During infiltration/filtration system area over-excavation/sub-soil work, the developer 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 practice. 25. The developer shall provide the City Engineer as -built plans before the City returns any Stormwater-related Performance Financial Guarantees on the development site, that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (forebay, infiltration practice, 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 the forebay and infiltration practice. The developer shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 26. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 27. The developer shall acquire a drainage and utility easement for all public utilities that extend onto neighboring properties in a form acceptable to the City Attorney prior to the release of the plat for recording. 28. The developer shall provide a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the home (FTTH) or conduit to all home sites to permit third party providers to install FTTH within the neighborhood. This development shall install fiber optic cable, or a conduit for future installation, during construction of the development. 29. All construction traffic associated with this development shall access and exit the site only via the Diffley Road. 30. The developer shall acquire right-of-way or a roadway easement, of sufficient size, in a form acceptable to the city attorney for the cul-de-sac that extends to the property to the east prior to the release of the plat for recording. 31. The concrete sidewalk proposed within public right-of-way shall be a minimum of 6 feet in width if concrete, or 8 feet in width if bituminous. A Trail Dedication credit shall apply if the pedestrian facility is an 8 foot wide bituminous trail. 32. This development shall be subject to a cash parks dedication payable at the time of Final Subdivision at the rates then in effect. 33. The developer shall fulfill current tree mitigation requirements through the installation of two - hundred sixty-seven (267) Category A trees and with the balance being provided with a cash City Council Meeting Minutes July 19, 2016 7 page ($59,400.00 per plan dated March 24, 2016) prior to any site disturbance or at time of Final Subdivision. 34. Mitigation trees shall not be installed in any public easement area. 35. The developer shall protect the preserved trees' critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 36. The developer shall schedule a site meeting with adjacent landowners to address actions required to protect critical root zones of off-site trees. The City of Eagan Supervisor of Forestry shall attend this meeting. 37. The developer shall contact the City Forestry Division and set up a pre -construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision (Summerbrooke) to create 33 lots upon approximately 15 acres located at 775 and 785 Diffley Road, subject to the conditions per the revised conditions of approval: Aye: 3 Nay: 2 (Bakken and Tilley) 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, B2, B3, B4, C1, C2, C3, C4, E1, F1, G1, H1, 11 and L1. 2. The property shall be platted. 3. 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. 4. 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. 5. Erosion control measures shall be installed and maintained in accordance with City Code and engineering standards. 6. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. Well sealing records shall be provided to the City. 7. The developer shall enter into an encroachment agreement with the City, in a form acceptable to the City Attorney, for all retaining walls located in drainage and utility easements. 8. All retaining walls shall be privately owned and maintained. 9. The developer shall obtain and provide for review by the city attorney a temporary construction easement or agreement from neighboring properties for any off-site work necessary to construct the retaining walls prior to the release of the plat for recording. 10. This development shall meet all requirements of Minn. Rules Ch. 8420 including application to the City regarding the wetland boundary and any proposed wetland replacement. The City decisions regarding such application shall occur prior to Final Subdivision submittal. 11. 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 (or Alternative_Stormwater Management Designs, if fully documented includin on-site testing results and if accepted b City Council Meeting Minutes July 19, 2016 8 page the City Engineer) on the site's new impervious surface area (including effective soil remediation for the site's disturbed soils that are to be revegetated). 12. The developer shall provide adequately sized pre-treatment (e.g. forebay, etc.) at, or immediately upstream of, all stormwater management facility (e.g. infiltration basin) 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). 13. The developer shall provide unobstructed equipment access paths (without obstructions from grading, private utilities, landscaping, trees/branches, large shrubs, etc.), from street -edge to all surface stormwater facilities' inlets/outlets. The unobstructed equipment access path (e.g. 15' width reinforced turf system from street edge to both forebay inlet areas) shall be capable of fully supporting typical maintenance/excavation equipment, for periodic maintenance access to the surface storm water facilities. 14. The developer shall provide the City with soil boring logs prior to receiving city approval to permit land disturbing activity from a minimum of four 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 (or properly document for limitations) for infiltration. If the soil boring logs and on-site infiltration testing indicate incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the developer shall revise the design and/or construction plans (e.g. over-excavation/soil-amendment depth, etc.), or at the direction and acceptance of the City Engineer shall proceed with Alternative Stormwater Volume Control Design , to ensure volume control requirements are fully met, to the satisfaction of the City ,Engineer. 15. The developer shall provide construction details, prior to receiving city approval to permit land disturbing activity, of the proposed infiltration system for City review/acceptance by the City Engineer and include in construction plans. Construction details shall include infiltration filtration 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 and 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. Grading Plan, Utility Plan, etc.). Volume and placement of iron -enhanced sand filtration media shall be planned (and documentation/calculations provided to the City Water Resources staff) to achieve a minimum of 25 -years lifespan based on modeled dissolved phosphorus load for the iron -enhanced sand filter. 16. 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 and less than 200 psi of soil compaction in the top 12" of topsoil, to comply with Volume Control requirements. These graphical details soil remediation area graphical depictions/keys 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.) to clearly convey requirement to the contractors involved. City Council Meeting Minutes July 19, 2016 9 page 17. Prior to receiving a Certificate of Occupancy for any affected residential construction, Soil Management Strategy implementation documentation (e.g. representative on-site soil samples, compaction testing and soil organic content test results) shall be provided to City Water Resources staff to verify approved soil management strategy compliance. 18. During infiltration/filtration system area over-excavation/sub-soil work, the developer &hal•I (but l` +ham 8.0 ' ch peF hieUF). if sub cseil iltratien Fates a ra I^"" +haR. 1 i R .-h . heur ! gFeater+ha 4 n_ineh r he rl the .de eleneffrhall i edetate l., e+if.,the City EngineeF e rl a .i a the yelume r..n+rel r. aetiee(s) as neeessa Fy inn ever _ex Gavatie RlSeil . hall be er .ided to the City within 48 he _ af+e nfil+ratinn testingThe developer 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 practice. 19. The developer shall provide the City Engineer as -built plans before the City returns any Stormwater-related Performance Financial Guarantees on the development site, that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (forebay, infiltration practice, 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 the forebay and infiltration practice. The developer shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 20. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 21. The existing house on Lot 29,13194 !, shall ronnect to city sanitaFy sewer upon installatien A-4 the sewer in the de ele n+ 22. Two water and sewer services shall be installed from the utilities under the cul-de-sac r.r+r•.r+:..., of the deyelepmen++e aIle.., fer r of I e+ 7n QIe..L 7 23. The developer shall acquire a drainage and utility easement for all public utilities that extend onto neighboring properties in a form acceptable to the City Attorney prior to the release of the plat for recording. 24. The developer shall provide a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the home (FTTH) or conduit to all home sites to permit third party providers to install FTTH within the neighborhood. This development shall install fiber optic cable, or a conduit for future installation, during construction of the development. 25. All construction traffic associated with this development shall access and exit the site only via the Diffley Road. 26. The developer shall acquire right-of-way or a roadway easement, of sufficient size, in a form acceptable to the city attorney for the cul-de-sac that extends to the property to the east prior to the release of the plat for recordin . 27. The concrete sidewalk proposed within public right-of-way shall be a minimum of 6 feet in width or 8 feet in width if bituminous. A Trail Dedication credit shall apply if the pedestrian facility is an 8 foot wide bituminous trail. 28. This development shall be subject to a cash parks dedication payable at the time of Final Subdivision at the rates then in effect. City Council Meeting Minutes July 19, 2016 10 page 22 -9. The Development shall be responsible forthe r-enstrur--tion of _300fpsat of "publiG shall be applied te-%vard-S the $7,750 T -Fail due, to satisfy trail • 30. If Lot 20 is subdivided in the future, additional .park dedication shall be required for the new 32. The developer shall fulfill current tree mitigation requirements through the installation oftwo - L.URGIFed sixty gne (261) Gategery n tees and with a ash payment of $55,800. nn. two - hundred sixty-seven (267) Category A trees and with the balance being provided with a cash (, 59.400.00 per clan dated March 24, 20161_Rrior to any site disturbance or at time of Final Subdivision. 33. Mitigation trees shall not be installed in any public easement area. 34. The developer shall protect the preserved trees' critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 35. The developer shall schedule a site meeting with adjacent landowners to address actions required to protect critical root zones of off-site trees. The City of Eagan Supervisor of Forestry shall attend this meeting. 36. The developer shall contact the City Forestry Division and set up a pre -construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 37. The developer shall acquire a public drainage and utility easement of sufficient size and location, as determined necessary by engineering standards, for all public utilities and drainage ways that extend onto the property located at 755 Diffley Road as determined by the City Engineer. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Osberg announced Laurie Halverson was one of the State Representatives named Legislators of Distinction by the League of Minnesota Cities. The League of Minnesota Cities selected 15 members of the Minnesota House of Representatives and 16 state senators as Legislators of Distinction for 2016. The honor recognizes legislators for specific actions that aided efforts of Minnesota cities during this year's legislative session. ADMINISTRATIVE AGENDA There were no administrative agenda items to be heard. 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. City Council Meeting Minutes July 19, 2016 11 page There were no visitors to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Bakken seconded a motion to adjourn the meeting at 8:15 p.m. Aye: 5 Nay: 0 Date Mayor