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06/18/2019 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JUNE 18, 2019 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, June 18, 2019 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, Public Works Director Matthys, Community Development Director Hutmacher, City Planner Schultz, Communications and Engagement Director Ellickson, Finance Director Pepper, Parks and Recreation Director Pimental, Police Chief New, Fire Chief Scott, City Attorney Dougherty and Executive Assistant Stevenson. AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentations to be heard. CONSENT AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the consent agenda as presented: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of June 4, 2019 regular City Council meeting and June 11, 2019 Special City Council meeting, as presented or modified. B. Personnel Items: 1. It was recommended to approve reclassification of Brian Leyendecker, Stormwater Technician, from Level 4 to Level 7. 2. It was recommended to approve the job description for a Public Works Asset Manager and authorize recruitment for this position. 3. It was recommended to approve a lateral transfer for Abigail Decker, Clerical Tech Level 5 in the Utilities Division to a Clerical Tech Level 5 under Central Services, located at the Maintenance Facility. 4. It was recommended to approve the hiring of a new Forestry Supervisor, to be named. C. It was recommended to ratify the check registers dated May 31 and June 7, 2019. D. It was recommended to approve the ordinary and customary contract with Spartan Promotional Group, Inc. 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 3 and 4, 2019 at 4030 Pilot Knob Road. F. It was recommended to approve Change Order 01 for Project 19-16, Nature Trail Improvements, with Blackstone Contractors, LLC, and authorize the Mayor and City Clerk to execute all related documents. City Council Meeting Minutes June 18, 2019 2 page G. It was recommended to receive a petition to vacate a portion of the drainage easement in the southeast corner of Lot 2, Block 1, Eagan Senior Living and schedule a public hearing to be held on July 16, 2019. H. It was recommended to approve revisions to the Winter Trail Maintenance Plan. I. It was recommended to approve the final payment for Contract 18-22 (Ashbury Sanitary Lift Station — Sanitary Sewer Improvements) in the amount of $28,506.32 to Minger Construction, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. J. It was recommended to authorize a variance to the Construction Activity Noise Regulations to exempt Pember Companies, Inc., enabling them to work earlier morning hours for the completion of the city-wide intersection, traffic signal, pedestrian and street lighting improvements. K. It was recommended to receive the bids for Contract 19-09 (2019 Trail & Parking Lot Improvements) and award a contract to Bituminous Roadways, Inc. for the base bid in the amount of $324,130.20 and authorize the Mayor and City Clerk to execute all related documents. L. It was recommended to declare Adopt -A -Street street signs to be surplus property. 2018 COMPREHENSIVE ANNUAL FINANCIAL REPORT Director of Finance Pepper introduced the item noting the Comprehensive Annual Financial Report (CAFR) for year-end December 31, 2018 has been completed and the audit by Redpath and Company has been performed. Dave Mol from Redpath gave a presentation summarizing the financial report and was available for questions. Councilmember Fields moved, Councilmember Bakken seconded the motion to receive and accept the 2018 Comprehensive Annual Financial Report. Aye: 5 Nay: 0 There were no public hearings to be heard. PUBLIC HEARINGS OLD BUSINESS There were no old business items to be heard. NEW BUSINESS Rezoning and Preliminary Subdivision (Schramm Meadows) — Brian Thorson City Administrator Osberg introduced the item noting there are two actions to be considered for the property located at 4370 Dodd Road; a rezoning from A, Agriculture, to R-1, Single-family and a preliminary subdivision to create 7 single-family lots with a variance to allow minimum lot width of 70' for 3 lots upon approximately 5 acres. Community Development Director Hutmacher gave a staff report and provided a site map. City Council Meeting Minutes June 18, 2019 3 page Brian Thorson, NBD Properties LLC, was available for questions. Mayor Maguire opened the public comment. Tom Hetznecker, 683 Crimson Leaf Trail, stated his concern with the condition of the existing Schramm house, long grass, fluctuation of the water level in the wetland and the mature trees along his north property line. Karen Hetznecker, 683 Crimson Leaf Trail, stated her concern for the creation of 7 single-family lots versus 5 lots, and asked who owns the wetlands. Staff responded to their questions. There being no further public comment, Mayor Maguire turned the discussion back to the Council. The Council discussed the rezoning, preliminary subdivision and variance. Councilmember Fields noted concern for the children walking to school and construction truck traffic flow. Mr. Thorson assured Councilmember Fields safety comes first and will provide flaggers if needed. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Rezoning from A, Agriculture, to R-1, Single-family, upon approximately 5 acres located at 4370 Dodd Road. Aye: 5 Nay: 0 Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision to create 7 single-family lots with a variance to allow minimum lot width of 70' for 3 lots upon approximately 5 acres located at 4370 Dodd Road, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as revised by Council on July 1, 2014: Al, B1, B2, B3, B4, C1, C2, C4, E1, F1, G1, H1, L1 2. The property shall be platted. The applicant shall ensure the survival of preserved trees via: a. Performance Guarantee payment of $2,725.00, and b. 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. 4. 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 June 18, 2019 4 page Grading 5. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to final subdivision approval. 6. 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. A Phase 1 (during initial grading) Erosion Control Plan and a Phase 2 Erosion Control Plan shall be included in the Plan Set. 7. All personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 8. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 9. The existing driveway entrance onto Dodd Road shall be removed and restored in a manner acceptable to the City Engineer. Water Quality 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. 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 of effective retention of the site's new impervious surface area (including effective soil remediation for all of the site's disturbed soils that are to be revegetated). 12. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide to the City a minimum of three soil boring logs within the footprint of the proposed infiltration area, extending a minimum of 10' below the bottom of the proposed infiltration feature with continuous sampling, to evaluate and ensure suitability for infiltration, including depth to saturated soils. If the soil boring logs indicate incompatibility of existing sub -soil permeability, or shallow groundwater conflict, with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and/or construction plans to ensure volume control requirements are fully met for the mitigated impervious drainage area, to the satisfaction of the City Engineer. 13. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide construction details of the proposed infiltration basins for City review/acceptance by the City Engineer and include in construction plans. Construction details shall include infiltration basin cross- section(s), construction sequencing/protection/restoration notes, sizing/volume tables to City Council Meeting Minutes June 18, 2019 5 page demonstrate compliance with minimum volume control retention including detailing drainage areas for basin, details for stable inlets/outlet/emergency overflow, unobstructed inspection/maintenance access areas to inlets/outlets, sub -soil ripping of 18 -inch depth minimum x 18 -inch maximum spacing, soil amendment criteria, planting details (including live planting at 18 -inch on -center spacing with seeding of all basin bottoms, and seeding of side -slopes), permanent erosion -control details, etc., to ensure infiltration practices are 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.). Notes shall be provided that grading and utility contractor(s) shall provide 24 - hours advance notice of any grading or utility work involving the proposed infiltration basin system, including installation of pre-treatment sump, inlet, outlet. 14. The applicant shall provide adequately sized pre-treatment (e.g. sump structure of 4 -feet depth and 5 -feet minimum diameter with floatable skimmer hood, 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. Pre-treatment structures shall be accessible by appropriate maintenance equipment. Details shall be included in applicable plan sheet(s). 15. The applicant shall provide a 15 -foot wide unobstructed equipment access path (without obstructions from grading, private utilities, trees/branches, large shrubs, etc.), from street -edge to all surface stormwater facilities' inlets/outlets. The unobstructed equipment access paths shall be capable of fully supporting typical maintenance / excavation equipment, for periodic maintenance access to the surface storm water facilities. Verify that Landscape Plan does not conflict with this requirement. 16. During infiltration 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 1 -inch per hour or greater (but less than 8.0 - inch per hour), and provide 24 -hours' notice to the City of testing occurrence. If the sub -soil infiltration rates are less than 1 -inch per hour (or greater than 8.0 -inch per hour), the applicant shall immediately notify the City Engineer and revise the volume control practice(s) as necessary (e.g. over-excavation/soil-amendment depth, addition of iron -sand filter around under -drain, etc.) to ensure volume control requirements are fully met to the satisfaction of 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 practice. 17. 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 narrative and City Council Meeting Minutes June 18, 2019 6 page prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading & Drainage Plan, Landscape Plan, etc.) and shall specify estimated quantities of soil ripping area and volume of compost to be imported and incorporated. Prior to receiving a Certificate of Occupancy for any affected 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. On individual lots, if building site completion and need for Certificate of Occupancy is during the non -growing season, an individual Financial Security of $3,000 per lot shall be provided by the Builder to ensure successful completion of the approved Soil Management Strategy when soil conditions allow. 18. 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, infiltration basins, etc.) conform to design and/or construction plans, as approved by the City. As - built volumes (for retention) shall be provided for the infiltration/bioretention basin. 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 19. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 20. All well and septic systems within the development shall be abandoned in accordance with City and County standards. 21. Any damage to the street, curb and gutter, trail, and boulevard shall be restored in a manner acceptable to the City Engineer. 22. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the home (FTTH) or conduit to all homesites to permit third party providers to install FTTH within the neighborhood, at the time of final subdivision approval. Easements/Right-of-Way 23. A right-of-way permit shall be obtained prior to any work within the right-of-way (watermain connection, storm sewer connection, and street entrance). 24. A conservation easement shall be dedicated over the wetland and the wetland buffer in a form acceptable to the City Attorney. 25. The applicant shall acquire temporary construction easements for any offsite work. 26. If any public drainage is directed into the wetland, the applicant shall acquire drainage and utility easements from the impacted properties in a form acceptable to the City Attorney. City Council Meeting Minutes June 18, 2019 7 page Parks & Recreation This development is subject to cash park and trail dedication for the net increase of six (6) residential lots, payable at the time of Final Subdivision at the rates then effect. LEGISLATIVE/ INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA CITY COUNCIL Mayor Maguire announced the official opening of the pickleball courts at Quarry Park was this afternoon, with 8 new pickleball courts and bocce ball lanes, a newly renovated shelter building - Quarry Park is a fabulous amenity. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Hansen moved, Councilmember Tilley seconded a motion to adjourn the meeting at 7:20 p.m. Aye: 5 Nay: 0 Date r � , ". Mayor City Clerk