04/16/2013 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
APRIL 16, 2013
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, April 16, 2013 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, Director of
Finance Pepper, Director of Community Development Hohenstein, Director of Public Works Matthys,
City Planner Ridley, Communications Director Garrison, Director of Parks and Recreation Johnson, Fire
Chief Scott, Police Chief McDonald, and Executive Assistant Stevenson.
AGENDA
Mayor Maguire welcomed Boy Scout Troop 449, who were working on their Communication Badge.
Mayor Maguire took a moment to comment on the tragic events at the Boston Marathon, and passed
along sympathies to the families and the community of Boston.
City Administrator Osberg noted the addition of three items to the Consent Agenda; Item Z. Approve
Sound Amplification Permit for an outdoor event at La Fonda de los Lobos on May 4, 2013, Item AA.
Approve a Resolution to temporarily extend the licensed premises of Cruz, Inc. DBA La Fonda de los
Lobos located at 3365 Sibley Memorial Highway, and Item BB. Approve Right of Entry Agreement with
CSM Eagan, L.L.C. and authorize the Mayor and City Clerk to execute the agreement.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as
amended. Aye:5 Nay:0
RECOGNITIONS AND PRESENTATION
Police Chief McDonald introduced new Police Officers Daniel Spiess and Bryan Johnson to the Council.
Chief McDonald then administered the Oath of Office to the officers.
CONSENT AGENDA
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Consent Agenda
as amended. Aye: 5 Nay: 0
A. It was recommended to approve the minutes of January 2, 29 and February 5, 2013.
B. Personnel items
1. It was recommended to designate City Administrator Dave Osberg as a Deputy Clerk.
2. It was recommended to designate Finance Director Tom Pepper and Executive Secretary
Cheryl Stevenson as Deputy City Clerks until October 1, 2013.
3. It was recommended to approve the revisions to the Donated Vacation Leave Policy.
4. It was recommended to approve the hiring of Seasonal Employees in Parks &
Recreation.
C. It is recommended to approve Check Registers dated March 29, 2013.
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D. It was recommended to approve the Dakota County Joint Powers Agreement for Cost
Sharing of the Aerial Photography for 2013.
E. It was recommended to approve the Temporary On -Sale Liquor License for People of Praise
MN, Inc.'s Community Social on June 22, 2013.
F. It was recommended to approve the Resolution declaring intent to consider suspension or
revocation of the Massage Therapy Establishment License issued to Heavenly Asian
Massage, 4215 Nicols Road, and the Massage Therapist License issued to Yang Yu.
G. It was recommended to approve Action to not waive the monetary limits on Municipal Tort
Liability.
H. It was recommended to approve Plans and Specifications for Contract 13 -12 (Cedar Grove
Parkway — Trail & Lighting Improvements) and Authorize Ad for Bid May 30, 2013.
I. It was recommended to approve a Resolution Designating No Parking on Advantage Lane
(North side).
J. It was recommended to acknowledge Completion and Authorize City Maintenance of
Various City Projects.
K. It was recommended to vacate Public Easements — Lots 5 -8, Block 5, Eagandale Center
Industrial Park (continued from March 19, 2013 Public Hearing).
L. It was recommended to receive a Petition to Vacate Public Easements — Lots 2, 3, 4, and 5,
Block 1, Safari at Eagan 3rd Addition, and Schedule Public Hearing for May 21, 2013.
M. It was recommended to receive a Petition to Vacate Public Easements — Outlot D,
Stonehaven 5t" Addition, and Schedule Public Hearing for May 21, 2013.
N. It was recommended to receive a Petition to Vacate Public Easement — Lot 1, Block 1, Bob
Martin Addition, and Schedule Public Hearing for May 21, 2013.
O. It was recommended to approve an Amendment to MnDOT JPA, Project 923 & 1011,
TH 149, TH 55 to 1 -494.
P. It was recommended to approve a Resolution to accept a donation to the Police Department
of $50 from a citizen.
Q. It was recommended to approve the new lease agreements between the City of Eagan and
St. Croix Harley Davidson for two 2013 Harley Davidson motorcycles.
R. It was recommended to approve a contract with Northland Business Systems for the
procurement and support of a dictation system.
S. It was recommended to authorize the Extension of AccessEagan Fiber in the Cedar Grove
Redevelopment area and approve the issuance of a Request for Quote (RFQ) for the
extension of the fiber.
T. It was recommended to approve AccessEagan Terms and Conditions — Tiered Service
Agreement and Terms and Conditions Colocation Agreement.
U. It was recommended to approve the Final Plat - CTI Addition.
V. It was recommended to approve a Resolution Recognizing Service of DCR Chamber of
Commerce President Ruthe Batulis.
W. It was recommended to approve a Joint Powers Agreement between the City of Eagan and
Dakota County to allow the City of Eagan to operate the concessions at the Wescott Library
for a trial period.
X. It was recommended to approve a Resolution to accept a grant from the Metropolitan
Regional Arts Council in the amount of $5,000 for a Community Arts Grant and authorize the
necessary budget adjustment.
Y. It was recommended to authorize an application of a grant for $22,000 from the Minnesota
State Arts Board for an Arts Learning Grant.
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Z. It was recommended to approve a Sound Amplification Permit for an outdoor event at
LaFonda de los Lobos on May 4, 2013.
AA. It was recommended to approve a Resolution to temporarily extend the licensed premises
of Cuz, Inc. DBA LaFonda de los Lobos located at 3365 Sibley Memorial Highway.
BB. It was recommended to approve the Right of Entry Agreement with CSM Eagan, L.L.C. and
authorize the Mayor and City Clerk to execute the agreement.
PUBLIC HEARINGS
There were no public hearings to be heard.
There was no old business to be heard.
OLD BUSINESS
NEW BUSINESS
ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW), COMPREHENSIVE GUIDE PLAN
AMENDMENT, REZONING, PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY
SUBDIVISION (DAKOTA PATH) — HUNTER EMERSON
Mayor Maguire introduced the item noting there are five actions to be considered, and provided an
overview of the procedures and expectations for dialogue between the Council, developers, audience
members and staff. Mayor Maguire noted, with direction from the City Attorney Dougherty, it is in the
best interest of the City to act on the various applications regarding Dakota Path in the following order:
Environmental Impact Statement, Preliminary Planned Development, Comprehensive Guide Plan
Amendment, Rezoning and Preliminary Subdivision.
City Administrator Osberg noted an application was submitted by Hunter Emerson for a proposed
development on approximately 79 -acres for residential use with 170 single - family lots. Osberg
noted there are five actions to be considered and gave a brief description on each of those actions.
City Planner Ridley gave a staff report.
Beth Bartz, with SRF Consulting, gave an overview of the Environmental Assessment Worksheet
(EAW), Findings of Fact and Conclusions, and was available for questions.
Rob Zakheim, representing the property owners of Parkview Golf Club, noted the history of Parkview
Golf Club and provided an update on the 2012 status of Parkview. Developer Kurt Manley gave a brief
summary of the features of the proposed development.
The Council discussed the issues. Mayor Maguire noted the concern with the buffer area around
Lebanon Hills Regional Park had been resolved with Dakota County. The Council directed staff to work
with the City Attorney to add a condition regarding the conservation easement to the Preliminary
Planned Development and Subdivision.
Mayor Maguire opened the meeting for public comment. The following Eagan residents addressed the
Council with their questions, comments or concerns about the proposal: Pat Campbell, 4716 Pebble
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April 16, 2013
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Beach Way, Bill Cutter, 4680 Fairway Hills Drive, Steve Watson, 4144 Durham Court, Barry Wallin, Jeff
Varela, David Holman, Mark Skweres, 4616 Fairway Hills Drive, Kimberly Bache, 4591 Horizon Circle,
Rick Shefchik, Lyn Romberg, 4688 Fairway Hills Drive, Larry Poppler, 4608 Fairway Hills Drive, Nancy
Lucas, 4601 Fairway Hills Drive, Patricia Cummens, 4675 Parkridge Drive, Christie Soderling, 4657
Parkcliff Drive, Jeff Ballif, 4623 Parkridge Drive, Dwight Palmi, 4750 Cypress Point Road, Joseph Miller,
4640 Fairway Hills Drive, Tom Lucus, 4601 Fairway Hills Drive, Kathleen Brown, 1386 Camelback Drive,
Sue Solardo, 4616 Fairway Hills Drive, Amy Marble, 4624 Fairway Hills Drive, Mike Hager, 4648 Fairway
Hills, Dennis Urabe, 1273 Carlson Lake Lane, Diane Rother, 1387 St. Andrew Blvd, Emilio Fedeli, 1357
Lakeside Drive, Amy Cutter, 4680 Fairway Hills Drive, Merideth Huse, Erick Jensen, 4614 Parkridge
Drive.Keith & Sheila Hittner, 4705 Hittner Pointe, Loreen Ingram, Ruthe Batulis, President -DCR Chamber
of Commerce, Nick Spalding, Joyce Myers, 513 Severn Way, Summer Lane, spoke in favor of the
proposed development.
Mayor Maguire asked staff to respond to all questions and concerns presented by the residents. City
Administrator Osberg and City staff responded to all questions raised by residents during the public
testimony.
There being no further comment, Mayor Maguire turned the discussion back to the Council.
The Council discussed the proposed development. City Attorney Dougherty gave a summary of the legal
history with regard to similar development proposals.
Councilmember Fields moved, Councilmember Tilley seconded a motion to adopt a Resolution stating
the City's findings for a Negative Declaration on the need for an Environmental Impact Statement (EIS)
for the approximately 79 acre Parkview site located at 1290 and 1310 Cliff Road. Aye: 5 Nay: 0
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Preliminary
Planned Development for 170 single - family dwelling units upon approximately 79 acres located at 1310
and 1290 Cliff Road, south of Cliff Road and east of Pilot Knob Road, subject to the following conditions:
Aye: 4 Nay: 1(Councilmember Bakken opposed)
1. This Agreement is not effective unless and until the City Council has approved the Comprehensive
Guide Plan amendment and rezoning of the Property to allow for this development.
2. The property shall be platted.
3. The value of the outlots shall be apportioned to the adjacent lots throughout the development.
4. A homeowner's association shall be established for this development. All common property and
open space should be conveyed to and maintained by the homeowner's association, as well as any
monument signs or other common amenities. All common lots should be deeded to the
homeowner's association.
5. Ownership and maintenance of the swimming pool, tot lot, and any community buildings shall be the
responsibility of the homeowner's association.
6. If the applicant desires the outlots to be a conservation area, such protection shall be provided
through covenants or an open space plan in the form acceptable to City Attorney. Such documents
shall be provided at the time of Final Planned Development and Final Subdivision.
7. 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
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April 16, 2013
5 page
8. The applicant should give consideration to utilizing universal design for the homes to help attract
and retain a more balance mix of households into the future by creating buildings that are accessible
and functional to accommodate residents of many ages, heights and physical abilities.
9. This Preliminary Planned Development shall have a term of seven (7) years.
10. The Owner and Developer should give consideration to architectural design such as all sides of the
buildings having an equally attractive or the same finish, use of a variety of home exterior finishes and
appearance to minimize duplication of exterior architecture, materials and colors.
11. The existing Conditional Use Permits pertaining to the monopole shall be terminated.
12.
A. Thom nln and related equipment shall be removed frnm the site.
of
- The monopole and related equipment may remain on the site as existing at the time of Preliminary
Planned Development.
a) Prior to Final Subdivision, the applicant shall have obtained approval for a land use amendment
to Quasi - Public for proposed Lot 1, Block 4.
b) The Final Planned Development shall show the parcel containing the monopole and related
equipment as a Public Facilities use.
c) The following conditions shall apply to the monopole:
L A 110 -foot communication monopole and related equipment shelters and cabinets are
permitted as existing at the time of Planned Development approval.
ii. The monopole and all communication equipment shall be maintained.
iii. Collocation opportunities for other wireless service providers shall be made available, if
technologically feasible.
iv. A detail landscaped plan for the equipment and monopole should be provided at the time
of Final Planned Development.
v. The monopole shall be subject to the performance standards in Section 11.70, Subd. 26, of
the City Code.
of
C.. The monopole shall maintain a 3007 setbael(ftem all Fesidential lets, both existing and The P;nal Subdivision and Final Planned DevelepmeRt shall exelude Fesidential letS withiR 300' E)f
.
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13. 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 -1S zoning standards.
14. Where parking lots exist, such as for the swimming pool, landscape buffers to public streets and to
adjacent houses shall be provided in accordance with City Code standards.
15. Prior to Final Planned Development and Final Subdivision, the applicant shall verify that the
placement of landscaping does not interfere or conflict with utilities and stormwater facilities.
16. This development is subject to the City's post construction requirements (City Code §433) for
stormwater management and surface water quality. The following Development Conditions shall apply
to Water Quality:
a. Volume Control: The first one -half inch of stormwater runoff from any rainfall event shall be
infiltrated or retained entirely on the site.
b. Total phosphorus (TP) & Total suspended solids (TSS) Control: There shall be no -net increase,
compared to existing conditions, in the amount of Total Phosphorus (TP) and Total Suspended
Solids (TSS) leaving the site.
c. Runoff Rate Control: This development's stormwater facilities must maintain predevelopment
runoff rates for the 1) 50 %, 24 -hour storm; 2) 10 %, 24 -hour storm; 3) 1 %, 24 -hour storm.
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Pond Design Requirements: All pond design specifications shall conform to the current National
Urban Runoff Program standards. In addition, the following are required:
i. There shall be a forebay area in each pond to provide fine -sand sized particles to settle, unless
the City determines this requirement is not feasible on a site by site basis.
ii. Side slopes shall not exceed three feet horizontal to one foot vertical (3:1) and there shall exist a
ten -foot wide bench starting at the Structural Control Elevation (SCE) with side slopes no
steeper than ten feet horizontal to one foot vertical (10:1) for safety considerations.
iii. A ten -foot wide maintenance bench above the SCE, with a slope no steeper than ten feet
horizontal to one foot vertical (10:1), shall be provided as directed by the City and shall be
sufficient to access all pond inlets and outlets.
iv. A minimum of 15- foot -wide unobstructed access path capable of supporting inspection and
maintenance equipment, for access to all ponds /basins, and inlets and outlets.
v. The property owner shall grant the City an easement providing unobstructed City access to the
stormwater facility for inspection and maintenance purposes.
17. Any mechanical equipment for the community swimming pool shall be enclosed within a building
and for any equipment that cannot be located within a building; such equipment shall be screened
and buffered from adjacent residential lots and the public right -of -way.
18. 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.
19. Lighting shall be provided per City Code standards at the community swimming pool as necessary to
provide for security, safety and traffic circulation.
20. The Final Landscape Plan shall provide a greater vegetation buffer to the residences and yards along
Dakota Path.
21. This development shall be subject to an agreement, in a form acceptable to the City Attorney,
between the homeowners association and the City providing for the perpetual maintenance of any
landscaping within the right -of -way center island median by the homeowners association.
22. A financial guarantee for the landscaping shall be provided at the time of Final Subdivision. The
guarantee shall cover two calendar years following satisfactory completion.
23. The applicant shall submit a revised Tree Mitigation Plan that indicates the installation of twelve -
hundred #" sixty -one (1,261) Category B trees (or an equivalent number of Category A, B, or C
trees) as fulfillment of Tree Preservation requirements.
24. The applicant shall work with the City Forester to review potential tree preservation versus
utility /trail installation conflicts for trees numbered 29, 30, 31, 34, 228, 229, 230, and 433 and adjust
tree removal and tree mitigation calculations accordingly.
25. The applicant shall protect the preserved woodlands and individual 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, of significant trees /woodlands to be preserved on -site.
26. 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.
27. The applicant shall submit an annual Tree Mitigation Compliance Report detailing the tree
mitigation progress. Said report shall include maps and lists of all required tree mitigation (quantity,
size, species, and location) installed per each lot /common area. Annual reports shall be prepared by
a consultant that has a qualified landscape architect or certified arborist knowledgeable with trees
and tree health. A follow -up report shall be submitted one -year after tree mitigation installation
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April 16, 2013
7 page
documenting the condition of all mitigation trees planted in that cycle. Any mitigation tree that is
not alive and viable one year after planting shall be replaced with a comparable tree.
28. The Development shall satisfy the Park Dedication as follows:
a. Dedicate approximately 4 acres of property contiguous to George Ohmann Park {^F the p rpe
te the Owner and Developer. The emar-A c;enfiguratien to be deteFmined On Gensultatien with the--
C-4y, as depicted on Exhibit A which was received on April 10, 2013 and included on page 146 of
the City Council packet.
b. Cash payment equivalent to 25% of what would otherwise be a full cash dedication for the
development.
c. The provision of recreational amenities within the Development consistent with the
approved plan. In recognition, the City shall grant a 25% credit towards the dedication.
29. The Development shall satisfy the Trail Dedication as follows:
a. Construct a multi - purpose trail built to City standards along the proposed Dakota Path
(approximately 1500 feet). In recognition, the City would grant a credit equivalent to $15 per
lineal foot.
b. Secure the appropriate permits and approvals for the construction of a paved trail connection to
Lebanon Hills Park within an existing pipeline easement (approximately 1200 feet). In
recognition the City would grant a credit equivalent to $15 per lineal foot.
c. The balance of the Trail Dedication due would be satisfied with a cash payment.
30. The Developer shall provide a conservation easement to the City or Dakota County to preserve the
landscape and trees to be installed in the buffer area adjacent to Lebanon Hills Regional Park.
Councilmember Fields moved, Councilmember Hansen seconded a motion to implement a
Comprehensive Guide Plan Amendment changing the land use designation from PR, Private Recreation,
to LD, Low Density residential, upon approximately 79 acres located at 1310 and 1290 Cliff Road, south
of Cliff Road and east of Pilot Knob Road. Mayor Maguire recommended voting for this item by roll call.
Executive Assistant Stevenson called the roll with the following results: Councilmember Bakken — No,
Councilmember Fields — Yes, Councilmember Hansen — Yes, CouncilmemberTilley — Yes, Mayor Maguire
—Yes. Aye: 4 Nay: 1
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Rezoning from P,
Park, to PD, Planned Development upon approximately 79 acres located at 1310 and 1290 Cliff Road,
south of Cliff Road and east of Pilot Knob Road. Aye: 4 Nay: 1(Councilmember Bakken opposed)
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Preliminary
Subdivision (Dakota Path) to create 170 lots and 9 outlots upon approximately 79 acres located at 1310
and 1290 Cliff Road, south of Cliff Road and east of Pilot Knob Road, subject to the following conditions:
Aye: 4 Nay: 1 ( Councilmember Bakken opposed)
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, D1, and E1.
2: The property shall be platted.
3. Outlot C shall be platted as a lot at the time of final subdivision.
4. Prior to Final Subdivision approval, the City Council must make a determination on the EAW as to
whether an EIS is necessary.
5. The value of the outlots shall be apportioned to the adjacent lots throughout the development.
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April 16, 2013
8 page
6. A homeowner's association in a form acceptable to the City Attorney, shall be established for this
development. All common property and open space shall be conveyed to and maintained by the
homeowner's association, as well as any monument signs or other common amenities. All common
lots shall be deeded to the homeowner's association.
7. Ownership and maintenance of the swimming pool, tot lot, and any community buildings, if included,
shall be the responsibility of the homeowner's association.
8. If the applicant desires the outlots to be a conservation area, such protection should be provided
through covenants or an open space maintenance plan, in a form acceptable to the City Attorney.
Such documents shall be provided at the time of Final Planned Development and Final Subdivision.
9. 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.
10. Where parking lots exist, such as for the swimming pool, landscape buffers to public streets and to
adjacent houses shall be provided in accordance with City Code standards.
11. Prior to Final Subdivision and Final Planned Development, the applicant shall provide verification to
the City Engineer that the placement of landscaping does not interfere or conflict with utilities and
stormwater facilities.
12. This development shall comply with the current Water Quality and Wetland Management Plan
(2007), along with the City Code storm water management regulations ( §4.33) and wetland
protection and management regulations ( §11.67).
13. This development is subject to the City's post construction requirements (City Code §433) for
stormwater management and surface water quality. The following Development Conditions shall apply
to Water Quality:
a. Volume Control: The first one -half inch of stormwater runoff from any rainfall event shall be
infiltrated or retained entirely on the site.
b. Total phosphorus (TP) & Total suspended solids (TSS) Control: There shall be no -net increase,
compared to existing conditions, in the amount of Total Phosphorus (TP) and Total Suspended
Solids (TSS) leaving the site.
c. Runoff Rate Control: This development's stormwater facilities must maintain predevelopment
runoff rates for the 1) 50 %, 24 -hour storm; 2) 10 %, 24 -hour storm; 3) 1 %, 24 -hour storm.
d. Pond Design Requirements: All pond design specifications shall conform to the current National
Urban Runoff Program standards. In addition, the following are required:
i. There shall be a forebay area in each pond to provide fine -sand sized particles to settle,
unless the City determines this requirement is not feasible on a site by site basis.
ii. Side slopes shall not exceed three feet horizontal to one foot vertical (3:1) and there
shall exist a ten -foot wide bench starting at the Structural Control Elevation (SCE) with
side slopes no steeper than ten feet horizontal to one foot vertical (10:1) for safety
considerations.
iii. A ten -foot wide maintenance bench above the SCE, with a slope no steeper than ten
feet horizontal to one foot vertical (10:1), shall be provided as directed by the City and
shall be sufficient to access all pond inlets and outlets.
iv. A minimum of 15- foot -wide unobstructed access path capable of supporting inspection
and maintenance equipment, for access to all ponds /basins, and inlets and outlets.
v. The property owner shall grant the City an easement providing unobstructed City access
to the stormwater facility for inspection and maintenance purposes.
14. Any mechanical equipment for the community swimming pool shall be enclosed within a building
and for any equipment that cannot be located within a building; such equipment shall be screened
and buffered from adjacent residential lots and the public right -of -way.
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April 16, 2013
9 page
15. 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.
16. Lighting shall be provided per City Code standards at the community swimming pool as necessary to
provide for security, safety and traffic circulation.
17. 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.
18. Erosion control measures shall be installed and maintained in accordance with City code and
engineering standards. 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.
19. The applicant shall provide the City with a soil- boring log below each infiltration area, with data to a
minimum of 6' below the lowest excavated elevation. If the soil- boring log indicates incompatibility of
soil permeability with the submitted and reviewed design plans, the applicant shall revise the design
and /or construction plans to ensure 4.33 requirements for volume control are met.
20. The applicant shall provide construction details of proposed infiltration areas for City review and
approval (cross- section, construction / protection / sequencing notes, sizing /volume tables, planting
details, etc.), to ensure infiltration areas are properly designed and constructed, and adequately
protected during / after construction, to function as intended. These details shall be included in
applicable plan sheet(s).
21. The applicant shall provide construction details of proposed stormwater basins for City review and
approval (cross- section, construction / protection / sequencing notes, sizing /volume tables, planting
details, etc.), to ensure stormwater basins are properly designed and constructed, and adequately
protected during / after construction, to function as intended. These details shall be included in
applicable plan sheet(s).
22. The applicant shall provide adequate pre- treatment (street -side catch -basin sumps and /or forebays) to
provide for capture and easily - accessible cleanout of fine -sand sized particles for all basins and
infiltration areas that receive direct impervious runoff.
23. The applicant shall provide the City as -built plans, in a form acceptable to the City Engineer, that
demonstrate constructed stormwater facilities conform to design and /or construction plans, as
approved by the City. As -built volumes of retention & detention shall be provided for all stormwater
facilities.
24. A ten -foot wide maintenance bench above the Structural Control Elevation (SCE) on all basins, with a
slope no steeper than ten feet horizontal to one foot vertical (10:1), shall be provided as directed by the
City and shall be sufficient to access all basin inlets and outlets with typical excavation equipment.
25. Developed conditions (grading, private utilities, landscaping, etc.) must allow a minimum of 15 -foot-
wide unobstructed equipment access path, from street -edge to all stormwater facilities, at a maximum
slope of 15 %. The unobstructed equipment access path shall be capable of supporting typical
maintenance / excavation equipment, for access to all basins and infiltration areas, including
unobstructed maintenance equipment access to inlet and outlet areas.
26. All construction traffic associated with this development shall access and exit the site only via the Cliff
. Road access.
27. Dakota Path shall be signed 'no parking'.
28. The concrete sidewalk proposed within public right -of -way shall be a minimum of six (6) feet in width.
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10 page
29. The property owner shall grant the City easements, in a form acceptable to the City Attorney, providing
unobstructed City access to stormwater facilities for inspection and maintenance purposes.
30. This development shall dedicate drainage & utility easements over the stormwater basins and
infiltration areas to three feet in elevation above the calculated high water level (1% event) of those
stormwater facilities, or two feet in elevation above the calculated high water level (1% event) where
emergency overland flow is provided in accordance with City Engineering standards.
31. This development shall dedicate public drainage & utility easement over all public sanitary sewer,
water main, and storm sewer pipes at a minimum width of 20 feet.
32. This development shall be responsible for abandonment of all well systems in accordance with City
and County requirements.
33. This development shall be subject to an agreement, in a form acceptable to the City Attorney,
between the homeowners association and the City providing for the perpetual maintenance of any
landscaping within the right -of -way center island median by the homeowners association.
34. The applicant shall submit a revised Tree Mitigation Plan that indicates the installation of twelve-
hundred #erg¢ sixty -one (1,240) (1,261) Category B trees (or an equivalent number of Category A, B,
or C trees) as fulfillment of Tree Preservation requirements.
35. The applicant shall work with the City Forester to review potential tree preservation versus
utility /trail installation conflicts for trees numbered 29, 30, 31, 34, 228, 229, 230, and 433 and adjust
tree removal and tree mitigation calculations accordingly.
36. The applicant shall protect the preserved woodlands and individual 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, of significant trees /woodlands to be preserved on -site.
37. 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.
38. The applicant shall submit an annual Tree Mitigation Compliance Report detailing the tree
mitigation progress. Said report shall include maps and lists of all required tree mitigation (quantity,
size, species, and location) installed per each lot /common area. Annual reports shall be prepared by
a consultant that has a qualified landscape architect or certified arborist knowledgeable with trees
and tree health. A follow -up report shall be submitted one -year after tree mitigation installation
documenting the condition of all mitigation trees planted in that cycle. Any mitigation tree that is
not alive and viable one year after planting shall be replaced with a comparable tree.
39. The Development shall satisfy the Park Dedication as follows:
a. Dedicate approximately 4 acres of property contiguous to George Ohmann Park for the pwpese
Qty, as depicted on Exhibit A which was received on April 10, 2013 and included on page 146 of
the City Council packet.
b. Cash payment equivalent to 25% of what would otherwise be a full cash dedication for the
development.
c. The provision of recreational amenities within the Development consistent with the
approved plan. In recognition, the City shall grant a 25% credit towards the dedication.
nn The Development shall satisfy the Dark nerlir iAn oo Fel'Awr.
plan pFevided- to the Develeper. The exarat eanfiguFatiAM to be determined On reensultatien
with the City.
City Council Meeting Minutes
April 16, 2013
11 page
b. Cash equivalent to 0
payment
development.
e. The
the
Develepment
with the
PFeViSiE)H of reereational amenities
within
eensistent
0
41. If the C-A-UnGil requires the ef 4
aeres, the applicant
shall submit
a Fevised plan, whieh
40. The Development shall satisfy the Trail Dedication as follows:
a. Construct a multi - purpose trail built to City standards along the proposed Dakota Path
(approximately 1500 feet). In recognition, the City would grant a credit equivalent to $15
per lineal foot.
b. Secure the appropriate permits and approvals for the construction of a paved trail
connection to Lebanon Hills Park within an existing pipeline easement (approximately 1,200
feet). In recognition the City would grant a credit equivalent to $15 per lineal foot.
c. The balance of the Trail Dedication due would be satisfied with a cash payment.
41. The Developer shall provide a conservation easement to the City or Dakota County to preserve the
landscape and trees to be installed in the buffer area adjacent to Lebanon Hills Regional Park.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative /intergovernmental affairs update to be heard.
ADMINISTRATIVE AGENDA
There were no administrative comments to be heard.
There were no visitors to be heard.
VISITORS TO BE HEARD
ADJOURNMENT
Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 1:25
a. m. Aye: 5 Nay: D
5'•1. 13
Date
/m, A�1�
Mayor