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02/17/2015 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota FEBRUARY 17, 2015 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Councilmembers Fields, Hansen, and Tilley. Councilmember Bakken was absent. Mayor Maguire arrived at 6:20 p.m. A regular meeting of the Eagan City Council was held on Tuesday, February 17, 2015 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Hansen and Tilley. Councilmember Bakken was absent. Also present were City Administrator Osberg, Assistant City Administrator Miller, Director of Finance Pepper, Director of Communications Garrison, City Planner Ridley, Director of Public Works Matthys, Director of Parks & Recreation Johnson, Police Chief McDonald, Fire Chief Scott, and Executive Assistant Stevenson. AGENDA Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye:4 Nay:0 RECOGNITIONS AND PRESENTATION Director of Parks & Recreation Johnson recognized Sonya Rippe, Administrative Analyst for the Parks & Recreation Department, for her 17 years of service to the City of Eagan. Ms. Rippe thanked the City for the opportunity to serve. The City Council thanked Ms. Rippe for her service to the City. Fire Chief Scott introduced new Deputy Fire Chief Kip Springer and administered the Oath of Office. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent Agenda as presented: Aye: 4 Nay: 0 A. It was recommended to approve the minutes of February 3, 2015 regular City Council meeting. B. Personnel Items 1. It was recommended to ratify the labor agreement between the City of Eagan and Eagan Police Sergeant's Association, Local 185 of Law Enforcement Labor Services, Inc. 2. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation. C. It was recommended to approve the check registers dated January 30 and February 6, 2015. D. It was recommended to approve a contract with Next Generation Consulting for community visioning and authorize a budget adjustment from the General Fund balance. E. It was recommended to approve the 2015 City of Eagan Priorities. F. It was recommended to approve a resolution to accept a grant from the Eagan Foundation Community Grants Fund in the amount of $525 toward exterior lighting at the 1914 Town Hall. City Council Meeting Minutes February 17, 2015 3 page OLD BUSINESS Ordinance Amendments — Stormwater Management City Administrator Osberg introduced the item noting on May 5, 2014, direction was provided to staff and the City Attorney's office to prepare the necessary ordinance amendments to be in compliance with the Federal Stormwater Regulations. Osberg noted before the Council tonight is a presentation on those changes in the ordinances. Director of Public Works Matthys gave a staff report. The Council discussed the ordinance amendments. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve Ordinance Amendments to Chapters 4, 7, and 10 of the City Code regarding stormwater management. Aye:4 Nay:O NEW BUSINESS Rezoning and Preliminary Subdivision — KJ Walk, Inc. City Administrator Osberg introduced the item noting the Council is being asked to approve a Rezoning from A, Agricultural, to R -1, Single - Family Residential and a Preliminary Subdivision to create ten lots upon approximately 4.5 acres located at 540 Diffley Road. Osberg noted the unplatted property contains a single family home that was constructed in 1957. City Planner Ridley gave a staff report. The applicant was available for questions. The Council discussed the rezoning and preliminary subdivision. 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 approve a Rezoning from A, Agricultural, to R -1, Single - Family Residential, upon approximately 4.5 acres located at 540 Diffley Road. Aye:4 Nay:0 Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision (Case Estates) to create ten lots upon approximately 4.5 acres located at 540 Diffley Road, subject to the following conditions: Aye: 4 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: All 611 1321 1331 641 C11 C21 C3, C4, E1, F1, G1 and L1. City Council Meeting Minutes February 17, 2015 4 page 2. The property shall be platted. 3. The detached accessory buildings located on Lot 9 shall be removed prior to issuance of any Building Permits for the new subdivision. 4. 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. 5. 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. 6. 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. 7. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 8. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. Well sealing records shall be provided to the City. 9. The existing home shall connect to City water when the water main is extended into the development. 10. The proposed storm sewer shall be re- aligned to save the 74.6" diameter cottonwood tree. A revised Storm Sewer plan shall be submitted, in a form acceptable to the City Engineer. 11. Stormwater rate analysis shall be provided by the developer to clearly demonstrate that all affected stormwater pipes are sized properly and adequate controls are put in place so the stormwater drainage system will not be overwhelmed and that the basin inlets are adequately protected from erosion from this development's additional flow. The analysis shall be provided in a form acceptable to the City Engineer. The developer shall be solely responsible for these costs. 12. The existing driveway shall be removed entirely from the current Diffley Road and future frontage road right -of -way, and the curb and gutter and boulevard restored in a manner acceptable to the City and County Engineer. 13. The outlot shall be removed from the Plat and the developer shall create a private easement agreement for the neighbor's existing driveway in a manner acceptable to the City Attorney and provide a copy of the executed agreement to the City prior to any Building Permits being issued for the new subdivision. 14. The developer shall be responsible for acquiring all outside agency permits and approvals. 15. This development shall be subject to a cash parks dedication for the nine new parcels payable at the time of Final Subdivision at the rates then in effect. 16. This development shall be subject to a cash trails dedication for the nine new parcels payable at the time of Final Subdivision at the rates then in effect. 17. The developer shall submit a revised Tree Mitigation plan at time of Final Subdivision that fulfills tree mitigation requirements through the installation of thirty -eight (38) Category B trees or an equivalent number of larger Category A trees ( >= 4" caliper deciduous trees or > =12' height coniferous trees). 18. Mitigation trees shall not be installed in any public easement area. City Council Meeting Minutes February 17, 2015 5 page 19. The developer shall protect the preserved trees' critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved on -site. 20. The developer shall contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing, 21. The developer shall submit a proposal /infrastructure plan to be approved by staff to provide telecommunications fiber to the homes (FTTH) or conduit to the site to permit third party providers to install FTTH within the development. Preliminary Subdivision and Variances — Norton Homes, LLC. City Administrator Osberg introduced the item noting the Council is being asked to approve a Preliminary Subdivision to create seven lots upon approximately 4.6 acres and Variances (length of cul- de -sac and grade of street) for property located at 4865 Pilot Knob Road. The unplatted property contains a single family home with a detached garage. Osberg noted the buildings would be razed to allow for the development. City Planner Ridley gave a staff report. The applicant was available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Preliminary Subdivision (Stone Run) to create seven lots upon approximately 4.6 acres located at 4865 Pilot Knob Road, subject to the following conditions: Aye: 4 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: All B1, 62, 631 1341 C11 C21 C31 C4, E1, F1, G1, H1 and L1. 2. The property shall be platted. 3. 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. 4. 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. 5. 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. 6. Erosion control measures shall be installed and maintained in accordance with City Code and engineering standards. City Council Meeting Minutes February 17, 2015 6 page 7. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. Well sealing records shall be provided to the City. 8. All retaining walls shall be located outside of drainage and utility easements. 9. The developer shall either install a traditional pond outlet and construct storm sewer to connect to the existing storm sewer at the intersection of Steeplechase Way and Wellington Way, or oversize the pond /infiltration basin to accommodate a minimum of a 100 year storm event, in a manner acceptable to the City Engineer. The developer shall include the construction of a physical subsurface barrier to prevent infiltrated storm water from migrating to the property to the south. The barrier's design shall be acceptable to the City Engineer. 10. The developer shall include the construction of a physical subsurface barrier to prevent infiltrated storm water from migrating to the property to the south, and the barrier's design shall be acceptable to the City Engineer. 11. This development shall meet the City's Post Construction Requirements (City Code §4.33) for stormwater management and surface water quality, including Runoff Rate Control, Total Phosphorus (TP) & Total Suspended Solids (TSS) Control, and %" Volume Control on the site's impervious surface area. 12. Prior to receiving city approval to permit land disturbing activity, the developer shall provide construction details of proposed infiltration basin for City review (cross- section, construction /protection /sequencing notes, sizing /volume tables, inlet, outlet details, planting details, etc.), to ensure infiltration basin is properly designed and constructed, and adequately protected during /after construction, to function as intended to meet City post- construction stormwater management requirements. These details shall be included in applicable plan sheet(s). The infiltration basin shall be off -line when at design volume (not on- line /flow- through), and with a maximum temporary ponding depth of 1.5'. The infiltration basin shall be planted with live plants (pots or plugs), rather than relying on seed alone. 13. The developer shall provide construction details of proposed stormwater pond for City review (cross- section, construction /protection /sequencing notes, sizing /volume tables, inlet /outlet /emergency overflow details, buffer planting details, etc.), to ensure the stormwater pond is properly designed and constructed according to the MPCA Stormwater Manual, and adequately protected during /after construction, to function as intended to meet City post - construction stormwater management requirements. The emergency overflow route shall not flow across neighboring private properties. These details shall be included in applicable plan sheet(s). 14. The developer shall provide adequately sized pre- treatment (forebays, catch basin 4' sumps, etc.) at, or immediately upstream of, all stormwater management facility inlets (pond /infiltration basin) to provide for effective capture and easily - accessible cleanout of fine - sand sized particles. These details shall be included in applicable plan sheet(s) in a form acceptable to the City Engineer. 15. The developer shall provide a minimum of 15- foot -wide unobstructed equipment access path (without obstructions from grading, private utilities, trees, large shrubs, etc.), from street -edge to all stormwater management facility inlets /outlets. The unobstructed equipment access path shall be capable of supporting typical maintenance /excavation equipment for periodic maintenance access to the pond and infiltration basin. This should be an access easement, in a form acceptable to the City Attorney. 16. During infiltration basin excavation and sub -soil work, the developer shall ensure that a Certified Soil Scientist will be present to verify and document that infiltration basin sub -soils are suitable, City Council Meeting Minutes February 17, 2015 7 page capable and constructed to achieve infiltration within 48 hours, at the planned saturated soil infiltration rate (0.7- inch /hour) and basin depth (not to exceed 1.5 feet). 17. Before the City issues a Certificate of Occupancy on the development site, the developer shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures and management facilities (pond /infiltration practice) conform to design and /or construction plans, as approved by the City. As -built volumes (for detention and retention) shall be provided for the stormwater management facilities (pond /infiltration practice). The developer shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 18. The existing access onto Pilot Knob Road shall be removed, and the curb and gutter, boulevard, and trail restored in a manner acceptable to the City and County Engineer. 19. The developer shall dedicate right -of -way and provide a restricted access along Pilot Knob Road (CSAH 31), in accordance with Dakota County standards. 20. This development shall be subject to a cash parks dedication payable at the time of Final Subdivision at the rates then in effect. 21. This development shall be subject to a cash trails dedication payable at the time of Final Subdivision at the rates then in effect. 22. The developer shall submit a revised Tree Mitigation plan at time of Final Subdivision that fulfills tree mitigation requirements through the installation of seventy -four (74) Category B trees or an equivalent number of larger Category A trees ( >= 4" caliper deciduous trees or > =12' height coniferous trees). 23. Mitigation trees shall not be installed in any public easement area. 24. The developer shall protect the preserved trees' critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved on -site. 25. The developer shall schedule a site meeting with adjacent landowners to address actions required to protect critical root zones of off -site trees. The City of Eagan Supervisor of Forestry shall attend this meeting. 26. The developer shall contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 27. The developer shall be responsible for acquiring all outside agency permits and approvals. 28. The developer shall submit a proposal /infrastructure plan to be approved by staff to provide telecommunications fiber to the homes (FTTH) or conduit to the site to permit third party providers to install FTTH within the development. 29. No Building Permits shall be issued before all existing structures have been removed from the site. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve Variances (length of cul -de -sac and grade of street) for property located at 4865 Pilot Knob Road, subject to the following conditions: Aye:4 Nay :0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such City Council Meeting Minutes February 17, 2015 8 page extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative /intergovernmental affairs update. ADMINISTRATIVE AGENDA There were no administrative agenda items 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 7:05 p.m. Aye :S Nay:0 r` Mayor tLAW Clerk City