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2017-06-06 City Council MinutesMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JUNE 6, 2017 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. A regular meeting of the Eagan City Council was held on Tuesday, June 6, 2017 at 6:00 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 Community Development Hutmacher, City Planner Ridley, Public Works Director Matthys, Director of Parks and Recreation Pimental, Director of Communications Garrison, Director of Finance Pepper, Police Chief McDonald, City Attorney Dougherty, and Executive Assistant Stevenson. AGENDA Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentations to be heard. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent agenda as presented: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the May 2 and 16, 2017 regular City Council meeting, May 9, 2017 Special City Council meetings, and the amended minutes of April 4, 2017 meeting as presented or modified. B. Personnel Items: 1. It was recommended to accept the resignation of Nova Larson, PT Overnight Custodian at the Eagan Community Center, and authorize the recruitment and replacement of this position. 2. It was recommended to approve the hiring of Micki Welcher as a Clerical Tech 4 in Engineering. 3. It was recommended to approve the hiring of Nicholas Steil as a Network Security Intern. 4. It was recommended to approve the hiring of George Wexler, SLETA Police Trainee. 5. It was recommended to approve the hiring of Kristen Dorumsgaard, SLETA Police Trainee. 6. It was recommended to approve the hiring of Ashley Gengler, Finance Intern. 7. It was recommended to recognize the retirement of Officer Tom Nelson and approve the recruitment and replacement of this position. 8. It was recommended to accept the resignation of Arianna Rotty, Seasonal Building Attendant. 9. It was recommended to approve the hiring of Thomas Calhoon, Engineering Intern. City Council Meeting Minutes June 6, 2017 2 page 10. It was recommended to approve the hiring of Merek Mencel, Engineering Intern. 11. It was recommended to approve the hiring of seasonal employees for Park Maintenance, Utilities GIS, Ballfield Attendant, Recreation Program Assistant, Lifeguard, Utilities Maintenance, Landscape Crew, Cascade Bay Coordinator, Referee, Park Laborer, Streets Maintenance, and Equipment Maintenance Worker. C. It was recommended to ratify the check registers dated May 12, May 19 and May 26, 2017. D. It was recommended to approve the ordinary and customary contracts with Northland Business Systems, Cities of Bloomington, Maplewood, Hastings, St. Louis Park and the Metropolitan Airports Commission, Blue Cross and Blue Shield of Minnesota, and That Cooking School. E. It was recommended to approve an On -Sale Wine and 3.2 Percent Malt License for Civitali Restaurant Corporation doing business as Punch Neapolitan Pizza, located at 3345 Central Park Village Drive Suite 130. F. It was recommended to approve a manager change of the off -sale 3.2 Percent Malt Liquor License issued to Kwik Trip, Inc. doing business as Kwik Trip #179, 4600 Slater Road. G. It was recommended to approve a manager change of the On -Sale Liquor License issued to Granite City Restaurant Operations, Inc. doing business as Granite City Food and Brewery, 3300 Pilot Knob Road. H. It was recommended to approve an Off -Site Gambling Permit for the Eagan Lions to conduct Bingo on July 4, 2017 at 1501 Central Parkway. I. It was recommended to approve a temporary On -Sale Liquor License and waive the license fee for the Caponi Art Park on July 14, 2017 at 1210 Diffley Road. J. It was recommended to approve a temporary On -Sale Liquor License and waive the license fee for the Eagan High School Boys' Hockey Booster Club on July 15, 2017 at 3870 Pilot Knob Road. K. It was recommended to direct preparation of an ordinance amendment to City Code Chapter 5 regarding the alcohol licensing definition of a hotel. L. It was recommended to approve a resolution to accept a cash donation from Marvin Raway for Parks and Recreation Department activities and direct the Mayor and City Clerk to sign the appropriate documents. M. It was recommended to schedule a Public Hearing on June 20, 2017, as required by Minnesota Statutes Sections 116J.993 to 116J.995 to consider a grant contract, a Minnesota Investment Fund Loan Agreement, and other documents related to the consolidation and expansion of offices for Prime Therapeutics, LLC in the City of Eagan. N. It was recommended to adopt the 5 -year Capital Improvement Plan for Public Works Infrastructure, Part III (2018-2022) and authorize the initiation of the public improvement process for the 2018 programmed improvements. 0. It was recommended to receive a petition to vacate public drainage and utility easements on Outlot A, Eagan Gateway Business Center and schedule a public hearing to be held on July 5, 2017. P. It was recommended to authorize a variance to the Construction Activity Noise Regulation to exempt Dakota County for night Micro Surfacing on Diffley Road (CSAH 30) at Rahn Road between 10:00 p.m. and 7:00 a.m. tentatively during the week of June 12, 2017. Q. It was recommended to approve an amendment to the telecommunication lease agreement with Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, for upgrades on the Yankee Doodle Reservoir site and authorize the Mayor and City Clerk to execute all related documents. R. It was recommended to receive the Feasibility Report for Project 1245 (Quarry Road — Street & Utility Improvements) and schedule a public hearing to be held on July 5, 2017. City Council Meeting Minutes June 6, 2017 3 page S. It was recommended to award a contract for Contract 16-27 (Thomas Lane Ravine Stabilization) to BKJ Land Company for $9,970.00, and authorize the Mayor and City Clerk to execute all related documents. T. It was recommended to approve the plans and specifications for Contract 17-09 (Vikings Parkway—Streetscape Improvements) and authorize the advertisement for a bid opening to be held Thursday, June 29, 2017. U. It was recommended to terminate Contract 16-27 (Thomas Lane Ravine Stabilization) with MN Dirt Works, Inc. V. It was recommended to approve a one year extension of the Conditional Use Permit approval to allow outdoor storage of commercial trucks, trailers and other vehicles, roll -off containers, and other heavy duty equipment and materials upon property located at 3227 Terminal Drive. W. It was recommended to approve an adjustment to the Scope of Work to add an electronic community outreach platform to supplement the initial outreach scope. 2016 COMPREHENSIVE ANNUAL FINANCIAL REPORT Finance Director Pepper introduced the item noting the Comprehensive Annual Financial Report for 2016 has been completed and the audit by BerganKDV has been performed. Matt Mayer of BerganKDV gave a presentation summarizing the financial report. Councilmember Fields moved, Councilmember Bakken seconded a motion to receive and accept the 2016 Comprehensive Annual Financial Report. Aye: 5 Nay: 0 PUBLIC HEARINGS Consent to Issuance of Educational Facilities Revenue Bonds by the City of Hugo For a Minnesota Autism Center Project in Eagan City Administrator Osberg introduced the item noting the Minnesota Autism Center is further expanding its campus. Similar to its 2015 expansion, the Minnesota Autism Center's project will be financed by tax-exempt revenue bonds to be issued by the City of Hugo. The Council is being asked to approve a resolution consenting to the issuance of educational facilities revenue bonds. The applicant was available for questions. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to close the public hearing and approve a resolution consenting to the issuance of educational facilities revenue bonds related to the Minnesota Autism Center project. Aye: 5 Nay: 0 OLD BUSINESS There was no old business to be heard. City Council Meeting Minutes June 6, 2017 4 page NEW BUSINESS Conditional Use Permit — Prestige Pools City Administrator Osberg introduced the item noting the shoreland zoning limits impervious coverage to a maximum of 25% of the lot size. The Council is being asked to approve a Conditional Use Permit to exceed 25% impervious surface coverage in a Shoreland Overlay District on a residential lot located at 4668 Pine Cone Circle. City Planner Ridley gave a staff report and provided a site map. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. The Council discussed the Conditional Use Permit. Councilmember Bakken stated the area immediately to the south of the property is owned by the City and currently shows an encroachment from the property owner. He noted the encroachment should be cleaned up or moved. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to exceed 25% impervious surface coverage in a Shoreland Overlay District on a residential lot located at 4668 Pine Cone Circle, subject to the following amended conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit (CUP) shall be recorded at Dakota County within 60 days of approval by the City Council with the following exhibit: • Site Plan dated April 19, 2017 2. The impervious surface of this lot shall not exceed 34% per the Site Plan dated April 19, 2017. 3. The applicant shall provide a financial guarantee in the amount of $3,000, prior to the release of the CUP, to ensure installation occurs per the approved plans. 4. Prior to the release of the CUP for recording, the applicant shall provide a $1,000 escrow deposit for City inspections of the stormwater volume control (rainwater harvesting) system installation stages. 5. The rainwater harvesting system shall be designed and constructed to capture a minimum of 100% of the runoff from a 1% frequency, 24-hour event (7.47"), from the parcel's excess impervious surfaces (over 25% impervious coverage). 6. The rainwater harvesting system shall be installed according to applicable guidelines in the State of Minnesota. During construction steps, the applicant shall provide notification to the City, with minimum of 24-hour notice, for inspection at critical construction stages (completion of excavation, prior to backfilling around cistern and dry -well tanks, completion of piping connections prior to final grading, etc.). City time involved in project inspection shall be withdrawn from the applicant's project escrow. 7. As -built drawings and capture volume measurements shall be provided to the City that verify minimum storage volume requirement is being met. 8. The applicant shall enter into a long-term stormwater facility inspection and maintenance agreement, detailing the maintenance required to maintain proper operation and performance of the rainwater harvesting system, in a form acceptable to the City Attorney, to be filed in the property records with Dakota County Recorder's Office, at the applicant's expense. City Council Meeting Minutes June 6, 2017 5 page 9. Applicant shall remove or relocate all physical improvements from the City's property that abuts the southern lot line within 60 days to the satisfaction of City personnel. Planned Development Amendment — Fitness 19 / Lexington Center City Administrator Osberg introduced the item noting the applicant is proposing to add an outdoor fitness training area at the north end of the building located at 4250 Lexington Avenue. City Planner Ridley gave a staff report and provided a site map. The applicant was available for questions. The Council discussed the Planned Development Amendment request. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to allow an outdoor fitness training area for property located at 4250 Lexington Avenue, subject to the following amended conditions: Aye: 5 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. The following exhibits shall be part of the Agreement: • Site Plan 2. Any fitness equipment used outside must be returned inside the building at the end of the class or session. Fitness equipment shall not be stored outside when not in use, and shall not be stored outside overnight. 3. The hours of operation for the outdoor fitness area shall be restricted to between 7:00 a.m. and 10:00 p.m. 4. Any use of an outdoor sound system shall be subject to City Code standards, including that it may not be plainly audible at a distance of 50 feet or more and shall not be used before 7:00 a.m. or after 10:00 p.m. 5. The applicant is responsible for providing the required number and placement of accessible parking stalls throughout the property. 6. Prior to release of the PD Amendment Agreement for recording, the applicant shall provide a plan for restoring at least 1,373 sf of pervious area elsewhere on the property, subject to City Staff approval. Such plan shall be implemented simultaneous with the construction of the outdoor fitness space, and no later than September 1, 2017. 7. The proposed landscape beds shall be excavated to a depth necessary to remove existing pavement and subgrade gravel and other compacted material, and replace it with a blend of soils and organic material to provide suitable permeability and growing conditions for the proposed plant materials. City Council Meeting Minutes June 6, 2017 6 page Comprehensive Guide Plan Amendment, Preliminary Subdivision (Danner Family 1st Addition) and Rezoning — Eagan Yankee Doodle Self Storage City Administrator Osberg introduced the item noting the Council at their January 3, 2017 meeting, directed staff to submit the request to the Metropolitan Council. The Council is being asked to consider a Comprehensive Land Use Guide Plan Amendment from Business Park to Limited Industrial, a Preliminary Subdivision to create one lot and an outlot upon approximately 10 acres, and a Rezoning from Business Park to 1-1 Limited Industrial. City Planner Ridley gave a staff report and provided a site map. The applicant, Jeff Johnson was available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Bakken seconded a motion to implement a Comprehensive Land Use Guide Plan Amendment from BP (Business Park) to IND (Limited Industrial) upon approximately 2.2 acres located in the SE % of Section 12, east of Dodd Road and south of Yankee Doodle Road. Aye: 5 Nay: 0 Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve a Preliminary Subdivision (Danner Family 1st Addition) to create one lot and an outlot upon approximately 10 acres located in the SE Y of Section 12, east of Dodd Road and south of Yankee Doodle Road, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, 131, B4, C1, C2, C4, E1, F1, G1 and H1 2. The property shall be platted. 3. The applicant shall provide building material percentage details for all elevations at time of Building Permit. 4. Mechanical equipment shall be screened per City Code requirements 5. The Landscape Plan shall be revised to meet City Code requirements for minimum amounts of required plant material and minimum size at time of planting. 6. The applicant shall fulfill required tree mitigation through the installation of nineteen (19) Category B trees. This required Tree Mitigation Plan shall be in addition to any landscape requirement. 7. The applicant shall submit a revised Planting Plan that accurately shows the installation of nineteen (19) Category B trees as fulfillment of Tree Preservation requirements. 8. A cash escrow to fulfill the tree mitigation requirement for the Outlot shall be provided prior to issuance of a land disturbance permit. 9. Development of the Outlot shall fulfill tree mitigation requirements through the installation of forty-seven (47) Category B trees or a cash payment of $14,063.00. This required Tree Mitigation Plan shall be in addition to any landscape requirement. 10. The applicant shall be responsible for a cash parks and trail dedication for the newly created lots payable at the time of Building Permit at the rates then in effect. City Council Meeting Minutes June 6, 2017 7 page 11. The applicant shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to Building Permit approval. 12. The applicant shall obtain the necessary right-of-way permits from Dakota County. 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. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the 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. 14. The applicant shall provide a minimum of 12 -foot -wide unobstructed reinforced equipment access path (without obstructions from grading, private utilities, trees, large shrubs, etc.), from Yankee Doodle Road to city pond GP -5. The unobstructed equipment access path should be capable of supporting typical maintenance/excavation equipment, for periodic maintenance access to the pond and infiltration basin. 15. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 16. This development shall meet the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control of the site's proposed impervious surface area and any other disturbed soils that are not remediated following an approved Soil Management Strategy. 17. The applicant shall clarify infiltration basin details on the planting plan to ensure live -planting across the entirety of the basin bottoms (18" o.c. max spacing) with plants appropriate to the expected soil moisture conditions, and effective long-term erosion control for the overflows and at the base and top of side -slopes, etc. in accordance with Public Works standards. 18. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide detailed Soil Management Strategies for City review, and acceptance by the City Engineer, that provide clear assurances that by final grading, prior to installation of any irrigation and plantings, 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 no less than 5% soil organic matter content and less than 200 psi of soil compaction in the top 12" of topsoil, to comply with Volume Control requirements. Addition and incorporation of any soil organic content shall only consist of MnDOT 3890 Grade 2 Compost, from a currently certified source, to restore soil organic content to 5% in the top 6 -inches of soil. 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 & Drainage Plan, Landscape Plan, etc.). 19. 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 permanent stormwater management system on each parcel, in a form acceptable to the City Attorney. 20. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (infiltration basins, etc.) conform to design and/or construction plans, as approved by the City. City Council Meeting Minutes June 6, 2017 8 page As -built volumes for retention shall be provided for the infiltration/bioretention basins. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accordance with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Rezoning from BP (Business Park) to 1-1, (Limited Industrial) of approximately 2.2 acres located in the SE % of Section 12, east of Dodd Road and south of Yankee Doodle Road. Aye: 5 Nay: 0 Planned Development Amendment and Preliminary Subdivision (Yankee Doodle Professional Building 2nd Addition) — City & County Credit Union City Administrator Osberg introduced the item noting the applicant is proposing to subdivide the site into two lots, and build a financial institution. The Council is being asked to consider a Planned Development Amendment to allow a financial institution with a drive-through facility upon proposed Lot 2 Yankee Doodle Professional Building 2nd Addition, and a Preliminary Subdivision. City Planner Ridley gave a staff report and provided a site map. Patrick Pierce, President of City & County Credit Union, noted they are looking forward to moving to the new location and is available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen stated his concern with the 9 ft. wide parking stalls, particularly in light of the excess of parking being proposed, and would like to see 10 ft. wide parking stalls. The applicant was agreeable to changing the most easterly bank of parking stalls to 10 ft. wide stalls. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to allow a financial institute with a drive-through facility upon proposed Lot 2 Yankee Doodle Professional Building 2"d Addition, located at the northwest corner of Yankee Doodle Road and Central Parkway, subject to the following amended conditions: Aye: 5 Nay: 0 A Planned Development Amendment /Final Planned Development Agreement shall be executed, in a form acceptable to the City Attorney, and recorded against the property within 90 days of City Council approval. The Agreement shall include the following exhibits: • Site Plan • Building Elevations Plan • Landscape Plan • Site Lighting Plan • Signage Plan Signage shall be permitted on four elevations as identified on the Building Elevations. This deviation is allowed in consideration of no free-standing signage, and no direct access to abutting streets. City Council Meeting Minutes June 6, 2017 9 page 3. A Sign Permit is required prior to installation of any signs. The building name and logo shall be placed such that they are considered as one sign per the City's Sign Code. 4. Any signs that meet the definition of window signage in the City Code shall be subject to compliance with applicable City Code standards. 5. A revised Landscape Plan shall be provided with a corrected plant schedule (some plant quantities do not match with the graphic and one shrub item should be relocated under the perennials heading). 6. The Landscape Details plan shall be revised for the tree planting specifications to note the root flare is to be visible and 1"-2" above grade, and no mulch placed in contact with the trunk of the tree. 7. The developer shall enter into an encroachment agreement with the City for placement and maintenance of this landscaping within the public easement, in a form acceptable to the City Attorney. 8. 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, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 9. This development shall meet the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control of the site's proposed impervious surface area (or equivalent water quality treatment through filtration) and any other disturbed soils that are not remediated following an approved Soil Management Strategy. 10. The applicant shall clarify underground stormwater filtration system details, including that no geosynthetic fabric will be installed below the chambers, with the exception of the header row and the sides and top of the underground system. Also, pre-treatment shall be provided at all catchbasins immediately upstream of the underground system inlets, in the form of four -foot depth sump structures with appropriately sized floatable skimmer hoods installed in each sump location. 11. 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 permanent stormwater management system, in a form acceptable to the City Attorney. 12. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (infiltration basins, etc.) conform to design and/or construction plans, as approved by the City. As -built volumes for retention shall be provided for the filtration system. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accordance with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 13. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. City Council Meeting Minutes June 6, 2017 10 page 14. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). This development shall include the installation of fiber optic cable, or a conduit for future installation, in its construction plans at the time of Final Subdivision. 15. The applicant shall provide private maintenance agreements and cross -easements for ingress/egress, in a form acceptable to the City Attorney, at time of final subdivision approval. 16. Parking stalls along the eastern lot line shall be striped at 10 ft. wide. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision (Yankee Doodle Professional Building 2nd Addition) to create two lots upon approximately 1.72 acres located at the northwest corner of Yankee Doodle Road and Central Parkway, subject to the following conditions: Aye: 5 Nay: 0 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, and H1. 2. The property shall be platted. 3. Signage shall be permitted on four elevations as identified and in the sizes shown on the Building Elevations. This deviation to the number of building signs is in consideration of no free- standing signage, and no direct access to abutting streets. 4. A Sign Permit is required prior to installation of any signs. The building name and logo shall be placed such that they are considered as one sign per the City's Sign Code. 5. Any signs that meet the definition of window signage in the City Code shall be subject to compliance with applicable City Code standards. 6. A revised Landscape Plan shall be provided with a corrected plant schedule (some plant quantities do not match with the graphic and one shrub item should be relocated under the perennials heading). 7. The Landscape Details plan shall be revised for the tree planting specifications to note the root flare is to be visible and 1"-2" above grade, and no mulch placed in contact with the trunk of the tree. 8. The developer shall enter into an encroachment agreement with the City for placement and maintenance of this landscaping within the public easement, in a form acceptable to the City Attorney. 9. 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, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 10. This development shall meet the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control of the site's proposed impervious surface area (or equivalent water quality treatment through filtration) and any other disturbed soils that are not remediated following an approved Soil Management Strategy. 11. The applicant shall clarify underground stormwater filtration system details, including that no geosynthetic fabric will be installed below the chambers, with the exception of the header row and the sides and top of the underground system. Also, pre-treatment shall be provided at all City Council Meeting Minutes June 6, 2017 11 page catchbasins immediately upstream of the underground system inlets, in the form of four -foot depth sump structures with appropriately sized floatable skimmer hoods installed in each sump location. 12. 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 permanent stormwater management system, in a form acceptable to the City Attorney. 13. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (infiltration basins, etc.) conform to design and/or construction plans, as approved by the City. As -built volumes for retention shall be provided for the filtration system. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accordance with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 14. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 15. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). This development shall include the installation of fiber optic cable, or a conduit for future installation, in its construction plans at the time of Final Subdivision. 16. The applicant shall provide private maintenance agreements and cross -easements for ingress/egress, in a form acceptable to the City Attorney, at time of final subdivision approval. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA CITY COUNCIL Councilmember Fields announced the Big Rig Rally is this Thursday, June 8 from 4-7:00 p.m. at the renovated Central Maintenance Facility, and from 5-8:00 p.m. at the new Fire Station #1. She also noted Market Fest opens tomorrow Wednesday, June 8 from 4-8:00 p.m. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:30 p.m. Aye: 5 Nay: 0 City Council Meeting Minutes June 6, 2017 12 page 3- 20, 2ba Date A Mayor City Clerk /01