05/05/2020 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
MAY 5, 2020
No Listening Session was held.
Due to the COVID-19 outbreak, the Council has directed that regular, special and emergency meetings of
the Council be conducted by telephone or other electronic means until such time as in-person meetings
can resume in a practical and prudent manner.
A virtual meeting of the regular Eagan City Council was held on Tuesday, May 5, 2020 at 6:30 p.m.
Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley and City Administrator
Osberg, Assistant City Administrator Miller, Public Works Director Matthys, Community Development
Director Hutmacher, City Planner Schultz, City Clerk Scipioni and City Attorney Dougherty.
AGENDA
City Administrator Osberg noted the applicant is requesting to move New Business Item A -
Comprehensive Guide Plan Amendment — Waters Annex Property — MV Eagan Ventures, LLC, A
Comprehensive Guide Plan Amendment from MO, Major Office to MU, Mixed Use located Outlot A,
Waters Annex 2nd Addition to the May 19, 2020 City Council Meeting.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as
amended. Aye: 5 Nay: 0 (Roll Call)
RECOGNITIONS AND PRESENTATION
There were no recognitions and presentation to be heard.
CONSENT AGENDA
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the consent
agenda as amended: Aye: 5 Nay: 0 (Roll Call)
A. It was recommended to approve the April 21, 2020 regular City Council minutes, as presented or
modified.
B. Personnel Items:
1. It was recommended to approve the hiring of the seasonal, non -benefit eligible employees
for the positions of: Landscape Crew Laborer, Parks Laborer, Recreation Leader, Recreation
Team Leader and Utility Maintenance Worker.
2. It was recommended to authorize the internal transfer of Daniel Pelowski from Streets
Maintenance Worker to Parks Maintenance Worker and authorize replacement of his
position.
C. It was recommended to ratify the check registers dated April 17 and April 24, 2020.
D. It was recommended to approve the ordinary and customary contract with DJ' s Divine Vending
LLC.
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May 5, 2020
2 page
E. It was recommend to amend the City's Investment Policy to change the maximum holdings
allowed for specific investment types.
F. It was recommend to proclaim May 3 through May 9, 2020, as Drinking Water Week, and
authorize the Mayor and City Clerk to execute all related documents.
G. It was recommended to proclaim May 17 through May 23, 2020, as Public Works Week, and
authorize the Mayor and City Clerk to execute all related documents.
H. It was recommended to proclaim June 2020 as Eagan Lakes Appreciation Month and authorize
the Mayor and City Clerk to execute all related documents.
I. It was recommended to approve the plans and specifications for Contract 20-18 (2020 Water
Quality Improvements) and authorize the advertisement for a bid opening.
J. It was recommended to approve Contract 20-19 (Yankee Doodle Road - Streetlight System
Repairs) with Taylor Electric forthe base bid in the amount of $26,700.00 and authorize the
Mayor and City Clerk to execute all related documents.
K. It was recommended to approve a letter of support for Dakota County' s application for federal
funding for the reconstruction of CSAH 32 (Cliff Road) from CSAH 43 (Lexington Avenue) to
approximately 1,000 feet east of its intersection with Dodd Road in Eagan.
L. It was recommended to approve Water Meter Replacement/Repair (R/ R) Program (City Code
3.05) surcharge appeals.
M. It was recommended to approve an amendment to the Fee Schedule: Antennae — Radio,
Satellite, Microwave and PCS for Lease/ Rent Rates.
N. It was recommended to approve action to not waive the monetary limits on municipal tort
liability.
O. It was recommended to approve a one-year extension of the Variance approval of 10 -feet to the
required 40 -foot structure setback from Duckwood Drive, upon property located at 3540
Federal Drive.
P. It was recommended to approve Change Order #1 with Audio Visual Inc for their work on Eagan
Television's studio cameras.
Q. It was recommended to approve a 3 -year contract with HydroCorp Inc. in the amount of
$42,420.00 for Cross Connection Control Services and authorize the Mayor and City Clerk to
execute all related documents.
It was recommended to approve a Second Amendment to Repurchase Agreement for Lot 1,
Block 1, Yankee Plaza 2nd Addition located at 3540 Federal Drive.
PUBLIC HEARINGS
Lot 1 Block 2 & Outlot C, Viking Lakes
Easement Vacation
City Administrator Osberg introduced the item, noting the Council is being asked to consider the
vacation of drainage and utility easements over, under and across Lot 1, Block 2 and Outlot C, Viking
Lakes.
Public Works Director Matthys gave a PowerPoint presentation.
Representatives from Viking Lakes were available for questions.
City Council Meeting Minutes
May 5, 2020
3 page
Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing
and continue action on the vacation of drainage and utility easements over, under and across Lot 1,
Block 2 and Outlot C, Viking Lakes. Aye: 5 Nay: 0 (Roll Call)
OLD BUSINESS
Ordinance Amendment an Ordinance Amendment to City Code Chapter 6.34
Regarding Tobacco and Electronic Cigarette Regulations
City Administrator Osberg introduced the item, noting at the October 15, 2019 Listening Session, the
City Council received a request to consider changes to the City's tobacco and electronic cigarette
ordinance. Subsequently, at the December 10, 2019 Special City Council meeting, the Council directed
preparation of an ordinance amendment. Osberg noted at the March 10, 2020 Special City Council
meeting, the Council reviewed a draft ordinance amendment. It was the consensus of the Council to
remove penalties for underage purchase, use or procurement PUP penalties, increase the annual
number of compliance checks and require license holders be at least 21 years of age.
City Clerk Scipioni summarized the proposed ordinance amendment changes to the City's tobacco and
electronic cigarette regulations.
City Attorney Dougherty noted after the draft ordinance amendment was posted online, additional
suggested changes were received by the Minnesota Tobacco Free Alliance. The City Attorney's Office
reviewed the suggestions and found some were acceptable for inclusion in the draft ordinance
amendment and recommended other suggested changes not be included.
Mayor Maguire opened the public comment. The first call was from Andrea Mowery and her daughter
Isabelle regarding PUP penalties. The next call was from Dr. Amelia Burgess also regarding PUP
penalties.
Councilmember Hansen noted Sub. 19, Sec. 3 regarding underage individuals appears to be out of place
in the ordinance and perhaps could cause confusion with the PUP provision being eliminated. He
suggested it be removed from the ordinance amendment. City Attorney Dougherty agreed with
Councilmember Hansen and suggested removing it from the ordinance. All Councilmembers we in
favor.
Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve an ordinance
amendment to City Code Chapter 6.34 regarding tobacco and electronic cigarette regulations and direct
the City Attorney to publish an ordinance amendment summary. Aye: 5 Nay: 0 (Roll Call)
NEW BUSINESS
Comprehensive Guide Amendment — Outlot `A', Waters Annex 2nd Addition
This item was moved to the May 19, 2020 City Council meeting.
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May 5, 2020
4 page
Comprehensive Guide Plan Amendment; Rezoning; Preliminary Planned Development;
and Preliminary Subdivision - Ballantrae Apartments, LLC
City Administrator Osberg introduced the item noting the Council is being asked to consider a
Comprehensive Guide Plan Amendment changing the land use designation from MD (Medium Density)
to HD (High Density), a Rezoning from R-4 (Residential Multiple to PD (Planned Development), a
Preliminary Planned Development to allow two (2) new multi -family buildings and a Preliminary
Subdivision Ballantrae 3rd Addition to create three (3) lots upon 19.43 acres.
City Planner Schultz gave a staff report and provided a site map.
Ed Farr, Edward Farr Architects, gave a presentation providing an overview of the current conditions of
the property, and provided additional details on the proposed development.
Mayor Maguire opened the public comment. There being no comment, he turned the discussion back
to the Council.
Councilmember Bakken moved, Councilmember Hansen seconded a motion to implement a
Comprehensive Guide Plan Amendment changing the land use designation from MD (Medium Density)
to HD (High Density) upon approximately 0.66 acres located south of Silver Bell Road and east of
Ballantrae Road. Aye: 4 Nay: 1 (Bakken) (Roll Call)
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve (or direct
preparation of Findings of Fact for Denial) a Rezoning from R-4 (Residential Multiple) to PD (Planned
Development) of 18 acres, legally described as Lot 1, Block 1, Ballantrae 2nd Addition. Aye: 5 Nay: 0
(Roll Call)
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve ( or direct
preparation of Findings of Fact for Denial) a Preliminary Planned Development to allow two (2) new
multi -family buildings upon approximately 19.43 acres upon property legally described as Lot 1, Block 1,
Ballantrae 2nd Addition; Lot 1, Block 2, Ballantrae 1st Addition; and Outlot A, Briar Hill 2nd Addition,
subject to the following conditions: Aye: 5 Nay: 0 (Roll Call)
1. The applicant shall execute a Preliminary Planned Development Agreement and shall contain the
following plans.
• Site Plan
• Building Elevations
• Landscape Plan
• Tree Preservation Plan
• Site Lighting Plan
2. A Final Planned Development Agreement shall be executed for each building/lot of the
development. The following plans are necessary for the Final Planned Development Agreement:
• Final Site Plan
• Final Building Elevations
• Final Site Lighting Plan
• Final Landscaping Plan
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May 5, 2020
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• Final Signage Plan
3. All mechanical equipment shall be screened in accordance with the provisions of the City's zoning
code.
4. At the time of Building Permit, the applicant shall demonstrate the lockers meet the 150 cubic feet
per unit standard.
5. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City
Code.
6. Amore detailed Landscape Plan demonstrating compliance with the landscape ordinance shall be
provided at the time of Final Planned Development for inclusion in the Final Planned Development
Agreement.
TREE PRESERVATION
7. The applicant shall provide a Tree Preservation Plan that shows existing trees and woodlands (on
and off-site) to preserve existing trees.
8. The applicant shall submit a Tree Mitigation Plan showing the fulfillment of the required tree
mitigation at the time of Final Planned Development or Final Subdivision. The Tree Mitigation Plan
shall show the number of, size, and species of all required mitigation trees in plan form as well as
tabular form. Mitigation trees are in addition to landscape requirements and shall be labeled as
such on an overall Landscape and Tree Mitigation Plan. If required mitigation trees cannot fit on
site, the balance of mitigation shall be provided as cash payment as identified in the City's Fee
Schedule.
9. Tree protective measures shall be placed at the drip line or at the perimeter of the Critical Root
Zone (CRZ), whichever is greater. If tree protection fencing cannot be placed and maintained at the
required distance (from preserved trees), then either a) these trees shall be considered as removed;
or b) a Tree Health Management Plan, prepared by a certified arborist, shall be provided indicating
tree management activities to be implemented that will ensure the survival of these trees.
10. Per ordinance, the applicant shall ensure the survival of preserved trees via a Performance
Guarantee in the amount of $25.00 per diameter inch of all trees within fifteen feet (15') of the
construction zone; 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.
11. The applicant shall contact the City Forestry Division and set up a pre -construction site inspection at
least five (5) 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
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May 5, 2020
6 page
12. 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.
13. 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.
14. 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.
15. Erosion control measures shall be installed and maintained in accordance with City code and
engineering standards.
WETLANDS/WATER QUALITY
16. Prior to receiving City approval to permit land disturbing activity, the development shall comply with
Eagan's regulations for wetlands, wetland buffers, conservation easements, and wetland buffer
vegetation requirements, according to City Code §11.67 (wetland protection and management
regulations). The existing waterbodies on the site, which will receive stormwater runoff from the
proposed new construction, shall be evaluated and delineated by a Certified Wetland Delineator,
including assessing the wetlands utilizing the Minnesota Routine Assessment Method (MNRAM), for
the City to determine wetland management classification (s). Conservation easements shall be
required over lands (including buffer areas), depending on the wetland class ification(s).
17. This development shall comply with Eagan's Land Disturbance Stormwater Pollution Prevention and
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).
18. Priorto receiving City approval to permit land disturbing activity, the applicant shall provide to the
City with a minimum of 3 soil borings equally spaced within the footprint of each proposed
infiltration area, extending a minimum of 10' below the bottom of each 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.
19. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide
underground stormwater infiltration system details, including that a) an off-line bypass to prevent
construction stormwater from entering the perforated pipe galleries shall be provided until drainage
City Council Meeting Minutes
May 5, 2020
7 page
area stabilization, b) solid bottom isolator rows (appropriately sized) are provided at any stormwater
inlet point into the underground systems, c) sub -soils shall have appropriate composition and
minimal compaction to ensure adequate infiltration capability, d) no limestone shall be used below
or between the chambers, e) unobstructed physical access via manhole will be provided to any
isolator row for inspection and maintenance, f) 10 -inch minimum diameter inspection ports will be
provided on all chamber rows. Notes shall be provided that grading and utility contractor(s) shall
provide 24 -hours advance notice to City Water Resources staff of any grading or utility work
involving the proposed infiltration chamber systems, including over -excavation, installation of pre-
treatment sumps, inlets, outlets, etc. Shop drawings related to the underground stormwater
infiltration chamber systems must be provided to the City for review before installation.
20. The applicant shall provide adequately sized pre-treatment structure (e.g. 4 -foot minimum depth
sump, 5 -foot minimum diameter, with floatable skimmer hood, etc.) at, or immediately upstream of,
any stormwater treatment facility inlet 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) using Eagan Standard Detail Plate E231.
21. Prior to receiving city approval to permit land disturbing activity, the property owner shall provide
detailed Soil Management Strategies in the plan set 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 City 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
Plan, Landscape Plan, etc.) and shall specify estimated quantities of soil ripping area and volume of
compost to be imported and incorporated on pertinent plan sheets. Prior to receiving a Certificate
of Occupancy for any affected construction, Soil Management Strategy implementation
documentation (e.g. haul tickets, 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. Notes shall be provided that implementing contractor shall
provide 24 -hours advance notice to City Water Resources staff prior to implementation of soil
loosening and amendment.
22. The applicant shall be responsible to upgrade the outlet control structure for Pond AP -37 on site to
City Standards, in a manner acceptable to the City Engineer.
23. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a long-term
stormwater management system maintenance agreement with the City, detailing the annual
inspection and maintenance required to occur to ensure proper operation and performance of the
private permanent stormwater management system, in a form acceptable to the City Attorney.
24. Before the city returns any Stormwater-related Performance Guarantee Fees on the development
site, the applicant shall demonstrate that all stormwater management practices are performing as
intended and shall provide the City Engineer as -built plans meeting City requirements for as -built
standard submittals that demonstrate that all constructed stormwater conveyance structures,
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May 5, 2020
8 page
stormwater management facilities (sump(s), infiltration chamber galleries, etc.), including soil
loosening & amendment prior to landscaping, conform to design and/or construction plans, as
approved by the City. Phots/video of final inspection of clean underground infiltration chamber
gallery system and contributing stormsewer shall be provided to the City Engineer. 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
25. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
26. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide
telecommunications fiber to the premises (FTTP). The applicant shall provide a civil drawing plan for
outside plant (including handholes and conduit path) work as well as an electrical plan for inside
plant work to be reviewed and approved by City staff. This development shall include the
installation of fiber optic cable in its construction plans at the time of Building Permit.
EASEMENTS/ RIGHT-OF-WAY
27. Cross -easements for ingress/egress and shared parking shall be executed in a form acceptable to the
City Attorney, prior to final subdivision approval.
28. Additional drainage and utility easement shall be dedicated on the east side of the southern
apartment building to accommodate overland drainage, in a manner acceptable to the City
Engineer.
29. The applicant shall enter into an encroachment agreement for the retaining wall on the east side of
the southern building if it is in a drainage and utility easement, in a form acceptable to the City
Attorney.
30. The applicant shall provide conservation easements over any wetlands and buffer areas on the site
as required by City code, in a form acceptable to the City Attorney.
STREETS/ACCESS/CI RCU LATI O N
31. The applicant shall extend a pedestrian facility between Silver Bell Road and Gold Trail, in a manner
acceptable to the City Engineer.
32. The applicant shall provide a contractor parking plan in a form acceptable to the City Engineer, prior
to the approval of the building permit.
PARKS & RECREATION
33. The applicant shall satisfy park and trail dedications through cash dedication, payable at the time of
building permit at the rates then in effect.
City Council Meeting Minutes
May 5, 2020
9 page
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve (or direct
preparation of Findings of Fact for Denial) a Preliminary Subdivision Ballantrae 3rd Addition) to create
three (3) lots upon 19.43 acres upon property legally described as Lot 1, Block 1, Ballantrae 2nd
Addition; Lot 1, Block 2, Ballantrae 1st Addition; and Outlot A, Briar Hill 2nd Addition, subject to the
following conditions: Aye: 5 Nay: 0 (Roll Call)
STANDARD CONDITIONS
1. The developer shall comply with these standards conditions of plat approval as adopted by Council
on July 1, 2014: Al, B1, C1, C2, C4, E1, F1, G1, H1, and 11.
2. The property shall be platted.
3. Amore detailed Landscape Plan demonstrating compliance with the landscape ordinance shall be
provided at the time of Final Planned Development for inclusion in the Final Planned Development
Agreement.
TREE PRESERVATION
4. The applicant shall provide a Tree Preservation Plan that shows existing trees and woodlands (on
and off-site) to preserve existing trees.
The applicant shall submit a Tree Mitigation Plan showing the fulfillment of the required tree
mitigation at the time of Final Planned Development or Final Subdivision. The Tree Mitigation Plan
shall show the number of, size, and species of all required mitigation trees in plan form as well as
tabular form. Mitigation trees are in addition to landscape requirements and shall be labeled as
such on an overall Landscape and Tree Mitigation Plan. If required mitigation trees cannot fit on
site, the balance of mitigation shall be provided as cash payment as identified in the City's Fee
Schedule.
6. Tree protective measures shall be placed at the drip line or at the perimeter of the Critical Root
Zone (CRZ), whichever is greater. If tree protection fencing cannot be placed and maintained at the
required distance (from preserved trees), then either a) these trees shall be considered as removed;
or b) a Tree Health Management Plan, prepared by a certified arborist, shall be provided indicating
tree management activities to be implemented that will ensure the survival of these trees.
Per ordinance, the applicant shall ensure the survival of preserved trees via a Performance
Guarantee in the amount of $25.00 per diameter inch of all trees within fifteen feet (15') of the
construction zone; 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.
8. The applicant shall contact the City Forestry Division and setup a pre -construction site inspection at
least five (5) 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
May 5, 2020
10 page
GRADING
9. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance
with current City standards and codes priorto final subdivision approval.
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. A Phase 1 (during initial grading) Erosion Control Plan and a
Phase 2 Erosion Control Plan shall be included in the Plan Set.
11. 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.
12. Erosion control measures shall be installed and maintained in accordance with City code and
engineering standards.
WETLANDS/WATER QUALITY
13. Prior to receiving City approval to permit land disturbing activity, the development shall comply with
Eagan's regulations for wetlands, wetland buffers, conservation easements, and wetland buffer
vegetation requirements, according to City Code §11.67 (wetland protection and management
regulations). The existing waterbodies on the site, which will receive stormwater runoff from the
proposed new construction, shall be evaluated and delineated by a Certified Wetland Delineator,
including assessing the wetlands utilizing the Minnesota Routine Assessment Method (MNRAM), for
the City to determine wetland management classification(s). Conservation easements shall be
required over lands (including buffer areas), depending on the wetland classification(s).
14. This development shall comply with Eagan's Land Disturbance Stormwater Pollution Prevention and
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).
15. Priorto receiving City approval to permit land disturbing activity, the applicant shall provide to the
City with a minimum of 3 soil borings equally spaced within the footprint of each proposed
infiltration area, extending a minimum of 10' below the bottom of each 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 forthe mitigated impervious drainage area, to the
satisfaction of the City Engineer.
City Council Meeting Minutes
May 5, 2020
11 page
16. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide
underground stormwater infiltration system details, including that a) an off-line bypass to prevent
construction stormwater from entering the perforated pipe galleries shall be provided until drainage
area stabilization, b) solid bottom isolator rows (appropriately sized) are provided at any stormwater
inlet point into the underground systems, c) sub -soils shall have appropriate composition and
minimal compaction to ensure adequate infiltration capability, d) no limestone shall be used below
or between the chambers, e) unobstructed physical access via manhole will be provided to any
isolator row for inspection and maintenance, f) 10 -inch minimum diameter inspection ports will be
provided on all chamber rows. Notes shall be provided that grading and utility contractor(s) shall
provide 24 -hours advance notice to City Water Resources staff of any grading or utility work
involving the proposed infiltration chamber systems, including over -excavation, installation of pre-
treatment sumps, inlets, outlets, etc. Shop drawings related to the underground stormwater
infiltration chamber systems must be provided to the City for review before installation.
17. The applicant shall provide adequately sized pre-treatment structure (e.g. 4 -foot minimum depth
sump, 5 -foot minimum diameter, with floatable skimmer hood, etc.) at, or immediately upstream of,
any stormwater treatment facility inlet 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) using Eagan Standard Detail Plate E231.
18. Prior to receiving city approval to permit land disturbing activity, the property owner shall provide
detailed Soil Management Strategies in the plan set 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 City 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
Plan, Landscape Plan, etc.) and shall specify estimated quantities of soil ripping area and volume of
compost to be imported and incorporated on pertinent plan sheets. Prior to receiving a Certificate
of Occupancy for any affected construction, Soil Management Strategy implementation
documentation (e.g. haul tickets, 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. Notes shall be provided that implementing contractor shall
provide 24 -hours advance notice to City Water Resources staff prior to implementation of soil
loosening and amendment.
19. The applicant shall be responsible to upgrade the outlet control structure for Pond AP -37 on site to
City Standards, in a manner acceptable to the City Engineer.
20. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a long-term
stormwater management system maintenance agreement with the City, detailing the annual
inspection and maintenance required to occur to ensure proper operation and performance of the
private permanent stormwater management system, in a form acceptable to the City Attorney.
City Council Meeting Minutes
May 5, 2020
12 page
21. Before the city returns any Stormwater-related Performance Guarantee Fees on the development
site, the applicant shall demonstrate that all stormwater management practices are performing as
intended and shall provide the City Engineer as -built plans meeting City requirements for as -built
standard submittals that demonstrate that all constructed stormwater conveyance structures,
stormwater management facilities (sump(s), infiltration chamber galleries, etc.), including soil
loosening & amendment prior to landscaping, conform to design and/or construction plans, as
approved by the City. Phots/video of final inspection of clean underground infiltration chamber
gallery system and contributing stormsewer shall be provided to the City Engineer. 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
22. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
23. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide
telecommunications fiber to the premises (FTTP). The applicant shall provide a civil drawing plan for
outside plant (including handholes and conduit path) work as well as an electrical plan for inside
plant work to be reviewed and approved by City staff. This development shall include the
installation of fiber optic cable in its construction plans at the time of Building Permit.
EASEMENTS
24. Cross -easements for ingress/egress and shared parking shall be executed in a form acceptable to the
City Attorney, priorto final subdivision approval.
25. Additional drainage and utility easement shall be dedicated on the east side of the southern
apartment building to accommodate overland drainage, in a manner acceptable to the City
Engineer.
26. The applicant shall enter into an encroachment agreement for the retaining wall on the east side of
the southern building if it is in a drainage and utility easement, in a form acceptable to the City
Attorney.
27. The applicant shall provide conservation easements over any wetlands and buffer areas on the site
as required by City code, in a form acceptable to the City Attorney.
STREETS/ACCESS/CIRCULATION
28. The applicant shall extend a pedestrian facility to Silver Bell Road and Gold Trail, in a manner
acceptable to the City Engineer.
29. The applicant shall provide a contractor parking plan in a form acceptable to the City Engineer, prior
to the approval of the building permit.
City Council Meeting Minutes
May 5, 2020
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PARKS & RECREATION
30. The applicant shall satisfy park and trail dedications through cash dedication, payable at the time of
building permit at the rates then in effect.
Authorize Staff to Close Cascade Bay for the 2020 Season
City Administrator Osberg introduced the item noting COVID-19 has created several health-related
concerns and challenges for the opening of Cascade Bay. Staff has analyzed several different scenarios
and does not anticipate being able to operate the facility without a significant financial subsidy, due
mainly to anticipated reduced revenues and attendance. Several Cities, Counties and Special Park
Districts have already closed their major water parks for summer 2020 and it is anticipated that more
will do so in the following weeks.
Parks and Recreation Director Pimental provided an overview of the staffing shortages and best -case
operations. Pimental noted a list of projects for consideration during summer 2020 would allow
deferred maintenance and repairs to be done.
Civic Arena and Aquatic Facility Manager Vaughan was available for questions.
City staff and Councilmembers discussed the proposed closing of Cascade Bay for the 2020 season.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Bakken moved, Councilmember Fields seconded a motion to authorize the closing of
Cascade Bay waterpark for the 2020 summer season. Aye: 5 Nay: 0 (Roll Call)
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
ADMINISTRATIVE AGENDA
CITY COUNCIL
Mayor Maguire read a statement to the community and to the City Council.
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
8:27 p.m. Aye: 5 Nay: 0 (Roll Call)
City Council Meeting Minutes
May 5, 2020
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S- IQ -aoao
Date
Mayor
City Clerk