Loading...
03/16/2021 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota MARCH 16, 2021 No Listening Session was held. Due to the COVID-19 pandemic, the regular Eagan City Council meeting was held virtually on Tuesday, March 16, 2021 at 6:30 p.m. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen, and Supina. Also present was City Administrator Osberg, Assistant City Administrator Miller, Finance Director Pepper, Public Works Director Matthys, Community Development Director Hutmacher, City Planner Schultz, Communications and Engagement Director Ellickson, Parks and Recreation Director Pimental and City Attorney Dougherty. FIT CIAUNIA1 Councilmember Fields moved, Councilmember Supina seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 (Roll Call) RECOGNITIONS AND PRESENTATIONS Update on COVID Vaccines and the Pandemic: One Year Later Support Services Manager Jeremy Klein provided an update on the impacts of COVID on the community, along with an update on vaccination efforts. CONSENT AGENDA Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the consent agenda as presented: Aye: 5 Nay: 0 (Roll Call) A. It was recommended to approve the March 2, 2021 Special City Council minutes, and the March 2, 2021 City Council minutes, as presented, or modified. B. Personnel Items: 1. It was recommended to approve the hiring of t part-time recurring and seasonal employees as Engineering Interns, Landscape Crew Laborers, Park Laborers, Utility Maintenance Workers, and a Waterpark Operations Assistant. 2. It was recommended to approve the promotion of Josh Feldman from Assistant Finance Director to Director of Finance and authorize replacement of Assistant Finance Director position. 3. It was recommended to approve the promotion of Joe Moseng from Police Officer to Police Se rgea nt. 4. It was recommended to accept the retirement/resignation of Ruth Ebert, Clerical Technician from the Parks and Recreation Department, and authorize replacement. 5. It was recommended to accept the retirement/resignation of Joel Fleck, Street Maintenance Worker from the Public Works Department, and authorize replacement. 6. It was recommended to approve the hiring of Erik Geske, Fire Support Technician. City Council Meeting Minutes March 16, 2021 2 page 7. It was recommended to approve the collective bargaining agreement with the Law Enforcement Labor Services Local #185 — Police Sergeants Unit. 8. It was recommended to accept the resignation of Christina Scipioni, City Clerk from the Administration Department, and authorize replacement. C. It was recommended to ratify the check registers dated February 26 and March 51 2021. D. It was recommended to approve the ordinary and customary contracts with Jordan Landauer, Blue Cross Blue Shield and Eagan Athletic Association, Baser PL Umpire Association, Sun Thisweek newspaper, Blue Rose Capital Advisors, MP Nexlevel LLC, Granicus, and AVI Systems, Inc. E. It was recommended to approve an agreement with Hennepin Technical College to provide police training to two Pathways to Policing Cadets. F. It was recommended to approve a resolution in support of the City' s grant application into the 2021 Grant program. G. It was recommended to receive the bid for Contract 21-04 Rahn Park Improvements and award the contract to McNamara Contracting for the amount of $489,598.00 and authorize the Mayor and City Clerk to execute all related documents. H. It was recommended to approve Change Order No. 1 for Contract 20-18 (2020 Water Quality Improvements) and authorize the Mayor and City Clerk to execute all related documents. I. It was recommended to receive the bid for Contract 21-11 (Lake Plant Harvesting Equipment), award a contract to D&D Products Inc., Aquarius Systems Division for the base bid of $234,190.00, authorize the Mayor and City Clerk to execute all related documents, and declare as surplus the existing lake plant harvesting equipment. J. It was recommended to approve the plans and specifications for Contract 21-12 (Northeast Eagan Sanitary Sewer Upsize) and authorize the advertisement for a bid opening to be held at 10:30 a.m., on Wednesday, April 14, 2021. K. It was recommended to authorize submittal of a grant application to Dakota County for $3,000 to control an aquatic invasive species (AIS) in Carlson Lake. L. It was recommended to approve a resolution requesting the Minnesota Department of Transportation release the local bond principal and interest portion of the City of Eagan' s annual apportionment from the Municipal State Aid (MSA) Construction and Maintenance account. M. It was recommended to approve a resolution amending the Public Works Department' s 5 -Year Capital Improvement Plan (2021-2025) to revise the Intersection Improvements section to address the following: Add $ 120,000 (revise from $ 300,000 to $420,000) to the cost of the traffic signal and intersection modifications at the Cliff Road (CSAH 32)/ Cliff Lake Road/Rahncliff Road intersection in 2021. N. It was recommended to direct preparation of ordinance amendments to City Code Chapter 6 regarding hauler vehicle spill reporting and City Code Chapter 10 regarding dumpster maintenance. O. It was recommended to declare miscellaneous City property as surplus. P. It was recommended to Accept resignation of Advisory Planning Commission member Kim Heckmann. PUBLIC HEARINGS There were no public hearings to be heard. City Council Meeting Minutes March 16, 2021 3 page OLD BUSINESS Receive bids and approve resolution awarding the sale of $8,230,000 Taxable General Obligation Bonds, Series 2021A City Administrator Osberg introduced the item noting at its March 2, 2021 regular City Council meeting, because refinancing of the 2018A bonds was no longer feasible due to recent interest rate increases, the bonds were resized and rescheduled for sale on March 16, 2021. Tammy Omdal from Northland Securities presented the results of the sale. The Council discussed the sale of the bonds. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve the resolution awarding the sale of $8,230,000 Taxable General Obligation Bonds, Series 2021A; to approve an escrow agreement with US Bank for funds to be held until the 2013A bonds become callable; to approve the Amended and Restated Pledge Agreement pledging Cedar Grove TIF collections to secure the bonds; and to engage Northland Securities to perform future continuing disclosure reporting. Aye: 5 Nay: 0 (Roll Call) NEW BUSINESS Comprehensive Guide Plan Amendment, Rezoning, Preliminary Planned Development and Preliminary Subdivision — Avery Pines City Administrator Osberg introduced the item noting on July 7, 2020 the City Council directed the Comprehensive Guide Plan Amendment to be sent to the Metropolitan Council for review. The Metropolitan Council approved the proposed Comprehensive Plan Amendment on October 22, 2020. The Council is being asked to consider a Comprehensive Guide Plan Amendment to change the land use designation from Retail Commercial to Medium Density; a Rezoning from Neighborhood Business to Planned Development; a Preliminary Planned Development to allow a 56 -unit townhome development; and a Preliminary Subdivision to create 56 lots and an outlot located at 560 and 570 Red Pine Lane. City Planner Schultz gave a staff report and provided a site map. Pat Hiller, acting as the consultant to the applicants discussed the possible recreation space and noted the recreation space now meets code requirements of 16,800 sq. Mr. Hiller briefly discussed the proposed noise mitigation walls along the south side of the townhome units. The Council discussed the on-site recreation spaces. Councilmember Supina suggest the proposed recreation space be more defined to what will be in there. Councilmember Bakken asked that a condition be added to address the ongoing maintenance of the noise wall. Councilmember Fields asked to add a condition that a construction flagger be present during school hours. City Council Meeting Minutes March 16, 2021 4 page Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Fields seconded a motion to implement a Comprehensive Guide Plan Amendment to change the land use designation from RC (Retail Commercial) to MD (Medium Density) upon approximately 9.7 acres located at 560 and 570 Red Pine Lane. Aye: 4 Nay: 1 (Bakken) (Roll Call) Councilmember Fields moved, Councilmember Hansen seconded a motion to approve (or direct preparation of findings of fact for denial for) a Rezoning from NB Neighborhood Business) to PD (Planned Development), upon approximately 9.7 acres located at 560 and 570 Red Pine Lane. Aye: 5 Nay: 0 (Roll Call) Councilmember Supina moved, Councilmember Fields seconded a motion to approve (or direct preparation of findings of fact for denial for) a Preliminary Planned Development to allow a 56 -unit townhome development upon approximately 9.7 acres located at 560 and 570 Red Pine Lane subject to the following modified conditions: Aye: 5 Nay: 0 (Roll Call) 1. The applicant shall execute a Preliminary Planned Development Agreement which shall contain the following plans. • Site Plan • Building Elevations - remove upper level decks • Landscape Plan • Tree Preservation 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- remove upper level decks • Final Site Lighting Plan • Final Landscaping Plan • Final Noise Wall Detail 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 garage space will meet the 150 cubic feet per unit standard for additional site storage. 5. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. 6. Should a monument sign be placed on the site, it shall meet City Code sign requirements including setbacks. 7. A Noise Wall Detail shall be provided at the time of Final Planned Development for inclusion in the Final Planned Development Agreement. City Council Meeting Minutes March 16, 2021 5 page 8. The noise wall shall be constructed according to recommendations from a qualified noise mitigation specialist and be properly maintained by a homeowners association to remain structurally sound so as to perform to the noise standard. 9. Because of the proximity of the development site to the West End Gun Club, the developer shall establish a covenant or declaration to be recorded with the plat that would serve as notification to buyers of the nearby gun club. 10. Architectural design and construction methods shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA for all lots. Compliance with this standard shall be demonstrated at the time of application for Building Permit. 11. The applicant shall submit a Site Lighting Plan to meet requirements for site security, safety and traffic circulation. 12. The Site Plan shall identify the minimum recreation space required per City Code, to include installation of a dog run, gazebo, tot lot or other amenity. 13. A more 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 14. 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 feet) 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 four -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 onsite. 15. 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. 16. The applicant shall work with city staff to determine the impact of the tree removal from the original grading of the site in 2006-2007 to determine if mitigation is required. GRADING 17. 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. 18. 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, City Council Meeting Minutes March 16, 2021 6 page shall have received Erosion/ Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 19. 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. 20. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. WETLANDS/ WATER QUALITY 21. The southern and northern basin accesses shall remain accessible and free of landscaping and/ or private improvements. 22. 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 (or City -approved water quality equivalent) 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). 23. This development shall comply with Eagan' s regulations for wetland buffers, wetland buffer vegetation, and conservation easement requirements, according to City Code §11.67. 24. Prior to receiving City approval to permit land disturbing activity, the applicant shall clarify that all disturbance from the relocated public stormsewer piping and structures in the southeast corner of the site shall be appropriately stabilized, and that unobstructed inspection and maintenance access will be provided. 25. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide appropriate details for the proposed iron -enhanced sand filtration basin, including detailed construction cross-sections and notes to include an appropriate constructed box frame, impermeable rubber liner specifications (thickness, acceptable joint sealing, etc.), under -drain details including pipe type and cleanouts/ vents, grading clarifications to indicate the basin bottom must be all same elevation/ flat, erosion- control protections at top and toe of sideslopes and sediment log surrounding the iron -sand filter portion, iron -sand mix specification/ composition/ source and appropriate estimated iron -sand mix volume needed, etc. for contractor to successfully construct and protect. Basin bottom with exposed iron -sand shall not be planted, but remainder of basin bottom shall be live -planted with appropriate species at 18 -inch on -center spacing with biodegradable netting erosion -control blanket, and seeded side -slopes with erosion -control blanket with biodegradable netting. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Grading Plan, Utility Plan, etc.). Pertinent plan sheets shall also include notes 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 filtration basin system and regrading of wet ponds, including installation of all pre-treatment sumps, inlets, outlets and any other structural components or critical construction steps, providing contact email and phone City Council Meeting Minutes March 16, 2021 7 page number for City Water Resources Staff for arranging inspections at critical construction steps. 26. The applicant shall provide adequately sized pre-treatment structure(s) (e.g. 4 -foot minimum depth sump, 5 -foot minimum diameter, with floatable skimmer hood, energy dissipation, 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. 27. 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 graphical details and notes on soil protection/ restoration 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 sheet quantity tables. 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. 28. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a longterm 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. 29. 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), filtration basin, wet ponds, etc.), including soil loosening & amendment prior to landscaping, conform to design and/ or construction plans, as approved by the City. 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. UTI LITI ES 30. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 31. The applicant shall enter into an encroachment agreement for all private utilities included in this development that is located in a drainage and utility easement, in a form acceptable to the City Attorney. City Council Meeting Minutes March 16, 2021 8 page EASEMENTS 32. The applicant shall enter into an encroachment agreement for all retaining walls located in a drainage and utility easement, in a form acceptable to the City Attorney. 33. The applicant shall enter into an encroachment agreement for the private storm sewer system and storm sewer filtration basin located in a public drainage and utility easement, in a form acceptable to the City Attorney. 34. Either the southern basin access shall be re-routed entirely within an easement, or the applicant shall enter into an access agreement for any encroachment into Lot 5, Block 7, in a form acceptable to the City Attorney. 35. The applicant shall place Conservation easements over required wetlands (including buffer areas), in accordance with the wetland classifications) in a form acceptable to the City Engineer and City Attorney. STREETS/ ACCESS/ CIRCULATION 36. The private streets shall be designed to accommodate fire department requirements. 37. The applicant shall restore Gun Club Road back to existing conditions, in a manner acceptable to the City Engineer. 38. The applicant shall make all utility connections and restore the street, curb and gutter, boulevard, and trail in a manner acceptable to the City Engineer. 39. The applicant shall enter into an encroachment agreement for private streets located in public drainage & utility easements, in a form acceptable to the City Attorney. PARKS & RECREATION 40. The applicant shall satisfy park and trail dedications through cash dedication, payable at the time of building permit at the rates then in effect. Councilmember Supina moved, Councilmember Hansen seconded a motion to approval a Preliminary Subdivision to create 56 lots and an outlot located at 560 and 570 Red Pine Lane subject to the following modified conditions: Aye: 5 Nay: 0 (Roll Call) Standard Conditions 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, C4, E1, F1, H1, 11, and K1. 1. The property shall be platted. 2. Should a monument sign be placed on the site, it shall meet City Code sign requirements including setbacks. 3. A Noise Wall Detail shall be provided at the time of Final Planned Development for inclusion in the Final Planned Development Agreement. City Council Meeting Minutes March 16, 2021 9 page 4. The noise wall shall be constructed according to recommendations from a qualified noise mitigation specialist, and be properly maintained by a homeowners association to remain structurally sound so as to perform to the noise standard. 5. Because of the proximity of the development site to the West End Gun Club, the developer shall establish a covenant or declaration to be recorded with the plat that would serve as notification to buyers of the nearby gun club. 6. Architectural design and construction methods shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA for all lots. Compliance with this standard shall be demonstrated at the time of application for Building Permit. 7. The applicant shall submit a Site Lighting Plan to meet requirements for site security, safety and traffic circulation. 8. The Site Plan shall identify the minimum recreation space required per City Code, to include installation of a dog run, gazebo, tot lot or other amenity. 9. A more 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 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 feet) 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 four -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. 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. 12. The applicant shall work with city staff to determine the impact of the tree removal from the original grading of the site in 2006- 2007 to determine if mitigation is required. GRADING 13. 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. 14. 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 City Council Meeting Minutes March 16, 2021 10 page 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. 15. 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. 16. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. WETLANDS/ WATER QUALITY 17. The southern and northern basin accesses shall remain accessible and free of landscaping and/ or private improvements. 18. 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 (or City -approved water quality equivalent) 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). 19. This development shall comply with Eagan' s regulations for wetland buffers, wetland buffer vegetation, and conservation easement requirements, according to City Code §11.67. 20. Prior to receiving City approval to permit land disturbing activity, the applicant shall clarify that all disturbance from the relocated public stormsewer piping and structures in the southeast corner of the site shall be appropriately stabilized, and that unobstructed inspection and maintenance access will be provided. 21. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide appropriate details for the proposed iron -enhanced sand filtration basin, including detailed construction cross- sections and notes to include an appropriate constructed box frame, impermeable rubber liner specifications (thickness, acceptable joint sealing, etc.), underdrain details including pipe type and cleanouts/ vents, grading clarifications to indicate the basin bottom must be all same elevation/ flat, erosion- control protections at top and toe of side -slopes and sediment log surrounding the iron -sand filter portion, iron -sand mix specification/ composition/ source and appropriate estimated iron -sand mix volume needed, etc. for contractor to successfully construct and protect. Basin bottom with exposed iron sand shall not be planted, but remainder of basin bottom shall be live -planted with appropriate species at 18 -inch on -center spacing with biodegradable netting erosion- control blanket, and seeded side -slopes with erosion- control blanket with biodegradable netting. These graphical details and notes shall be prominently included in all applicable plan sheets e.g. Grading Plan, Utility Plan, etc.). Pertinent plan sheets shall also include notes 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 filtration basin system and regrading of wet ponds, including installation of all pre-treatment sumps, inlets, outlets City Council Meeting Minutes March 16, 2021 11 page and any other structural components or critical construction steps, providing contact email and phone number for City Water Resources Staff for arranging inspections at critical construction steps. 22. The applicant shall provide adequately sized pre-treatment structure(s) (e.g. 4 -foot minimum depth sump, 5 -foot minimum diameter, with floatable skimmer hood, energy dissipation, 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. 23. 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 graphical details and notes on soil protection/ restoration 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 sheet quantity tables. 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. 24. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a longterm 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. 25. 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), filtration basin, wet ponds, etc.), including soil loosening & amendment prior to landscaping, conform to design and/ or construction plans, as approved by the City. 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 26. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 27. The applicant shall enter into an encroachment agreement for all private utilities included in City Council Meeting Minutes March 16, 2021 12 page this development that is located in a drainage and utility easement, in a form acceptable to the City Attorney. EASEMENTS 28. The applicant shall enter into an encroachment agreement for all retaining walls located in a drainage and utility easement, in a form acceptable to the City Attorney. 29. The applicant shall enter into an encroachment agreement for the private storm sewer system and storm sewer filtration basin located in a public drainage and utility easement, in a form acceptable to the City Attorney. 30. Either the southern basin access shall be re-routed entirely within an easement, or the applicant shall enter into an access agreement for any encroachment into Lot 5, Block 7, in a form acceptable to the City Attorney. 31. The applicant shall place Conservation easements over required wetlands (including buffer areas), in accordance with the wetland classification(s) in a form acceptable to the City Engineer and City Attorney. STREETS/ ACCESS/ CIRCULATION 32. The private streets shall be designed to accommodate fire department requirements. 33. The applicant shall restore Gun Club Road back to existing conditions, in a manner acceptable to the City Engineer. 34. The applicant shall make all utility connections and restore the street, curb and gutter, boulevard, and trail in a manner acceptable to the City Engineer. 35. The applicant shall enter into an encroachment agreement for private streets located in public drainage & utility easements, in a form acceptable to the City Attorney. PARKS & RECREATION 36. The applicant shall satisfy park and trail dedications through cash dedication, payable at the time of building permit at the rates then in effect. 37. Between the hours 8:00 a.m. and 4:00 p.m., when school is in session, the Owner shall provide flaggers on public streets to assist the ingress/egress of construction vehicles during grading operations, and during the installation of footings and foundations on the property. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. City Council Meeting Minutes March 16, 2021 13 page ADMINISTRATIVE AGENDA PUBLIC WORKS DIRECTOR Public Works Director Matthys noted it is with heavy heart we have lost a member of the Eagan team today, Engineering Technician Tim Pahr, a 19 year employee lost his battle with esophageal cancer. He brought a smile to coworkers face each day and was a dedicated employee of the City. He will be greatly missed. There were no visitors to be heard. No closed session was held. VISITORS TO BE HEARD CLOSED SESSION ADJOURNMENT Councilmember Fields moved, Councilmember Hansen seconded a motion to adjourn the meeting at 8:36 p.m. Aye: 5 Nay: 0 (Roll Call) ) I- *% -�Wl I/ 6-C Date s Mayor 3� City Clerk