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2010-03-16 City Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota March 16, 2010 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Bakken, Hansen, and Tilley. Members of the Old West Society were th present to request that they be allowed to discharge firearms during the 4 of July parade. Staff will work with the group to determine if their request could be granted as a part of the parade permit and remain in compliance with the noise ordinance. A regular meeting of the Eagan City Council was held on Tuesday, March 16, 2010 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Bakken, Hansen, and Tilley. Also present were City Administrator Tom Hedges, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that an item would be added as New Business item D. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS th Girl Scout Troop 50745 of Dakota Hills Middle School presented Girl Scout cookies for the 150 anniversary celebration food drive. CONSENT AGENDA Clarification was made in regard to Item P and Item R. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the March 2, 2010 regular City Council meeting as presented. B. Personnel Items. (There were no items) C. It was recommended to ratify the check registers dated February 25, 2010 and March 4, 2010 as presented. D. It was recommended to approve an addendum to the utility audit agreement the City has executed with Troy and Banks. E. It was recommended to approve the Final 2009 General Fund and Community Center budget adjustments. F. It was recommended to approve tree maintenance contractor licenses for Outdoor Specialties and Natural Elements Lawn and Landscape, Inc. G. It was recommended to approve the temporary on-sale liquor license and waive the license fee for the Eagan Foundation for a wine tasting event on April 22, 2010. H. Application withdrew. I. It was recommended to accept a donation from Genisys Credit Union in the amount of $5,750 for a 2010 event partnership for several Parks and Recreation community events and approve the appropriate budget adjustment to reflect the donation. J. It was recommended to authorize the application of a grant from the Metropolitan Regional Arts Council for a collaborative grant with Eagan Parks and Recreation, Eagan Art Festival and local business partners. City Council Minutes March 16, 2010 Page 2 K. It was recommended to accept a proposal from the Eagan Resource Center to create a community garden in Woodhaven Park and authorize staff and the City Attorney to develop a Use Agreement for park property and designate the Director of Parks and Recreation to sign the agreement on behalf of the City. L. It was recommended to approve a Program Agreement for Urban Land Institute / Regional Council of Mayors Opportunity City Program and authorize a $5,000 match and commitment of making City staff available to work with consultants to explore strategies to support a full range of housing choices. M. It was recommended to approve a contract with Dakota County awarding the City of Eagan $16,000 for the purpose of creating a bike/pedestrian connection program within retail service areas, authorize the Mayor to execute the agreement and add a budget adjustment in the Department 2 (Engineering) 2010 budget. N. It was recommended to authorize the City Attorney to draft Ordinance Amendments to Chapters 7 and 10 of the City Code regarding obstructions and landscaping in streets, and obstructions on public property. O. It was recommended to award Contract 09-20 (Fire Safety Center / Station Trail – Site Grading and Utilities) to Miller Excavating, Inc., for the base bid for a total amount of $619,960.90 and authorize the Mayor and City Clerk to execute all related documents. P. It was recommended to award 20 construction contracts, authorize rebidding 6 contracts related to construction of the Fire Safety Building and Fire Station No. 2 – Building Construction, and authorize requesting a 90 day extension to consider two alternate bids. Q. It was recommended to approve an Agreement for Engineering, Right of Way Acquisition and Highway Construction for Project 925 (Yankee Doodle Road and Promenade Avenue – Intersection and Street Improvements) and Project 1035 (Denmark Avenue and Promenade Place – Intersection Control Evaluation) with Dakota County and Authorize the Mayor and City Clerk to execute all related documents. R. It was recommended to receive the petition to vacate a portion of public right-of-way (Wescott Woodlands) within the Wescott Gardens and Wessel Pond Additions and schedule a public hearing to be held on April 20, 2010. S. It was recommended to approve a resolution amending the Part III 5-Year Capital Improvement Program (2010-2014) to incorporate the placement of Contract 09-18 (Duckwood Drive / Federal Drive – Bridge/Street Improvements) in 2011. T. It was recommended to approve the Consultant Service pool for lawn mowing, refuse removal, securing vacant buildings and general maintenance for the pool of businesses on the attached list, authorize the City Planner and / or Senior Code Enforcement Technician as the signatory for work orders, and to authorize the Mayor and City Clerk to execute all related documents. U. It was recommended to cancel the Council work session on April 13 and schedule work sessions for April 26 and 27, 2010. PUBLIC HEARINGS PUBLIC UTILITIES USER RATES CHANGES: WATER, SANITARY SEWER, STREET LIGHTING, AND STORM DRAINAGE / WATER QUALITY. City Administrator Hedges introduced this item regarding public utilities user rate changes, noting that the Council, in 2009, gave direction to Springsted, Inc. to complete a rate study for all public utilities. Chief Financial Officer Pepper provided a summary of the proposed changes. Mayor Maguire opened the public hearing. There being no comment, he turned discussion to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to close the public hearing and adopt a resolution approving changes to public utilities user rates for water, sanitary sewer, street lighting, City Council Minutes March 16, 2010 Page 3 and storm drainage / water quality, effective July 1, 2010, and to incorporate such changes into the Fee Schedule. Aye: 5 Nay: 0 PROJECT 1015, BLACKHAWK ROAD STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for Blackhawk Road. Public Works Director Colbert provided an overview of the City’s pavement management program. Assistant Engineer gave a staff report. Mayor Maguire opened the public hearing. Bob Richardson, 4280 Blackhawk Road, questioned the special assessment rate in regard to four lots that were rezoned. Public Works Director Colbert noted that an application could be submitted for a deferment of the assessment at the time of the final assessment hearing. There being no further comment, Mayor Maguire turned discussion back to the Council. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve Project 1015, (Blackhawk Road – Street Improvements) and authorize the preparation of detailed plans and specifications and the acquisition of temporary trail construction easements, if necessary. Aye: 5 Nay: 0 OLD BUSINESS There were no old business items. NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT AND PRELIMINARY SUBDIVISION (STONEHAVEN) – LENNAR City Administrator Hedges introduced this item regarding a planned development amendment to reduce the unit count and change the mix of housing types, and a preliminary subdivision to create 264 lots and 7 outlots for 363 dwelling units upon approximately 115 acres located south of Yankee Doodle Road and west of Wescott Woodlands. City Planner Ridley gave a staff report. Public Works Director Colbert discussed the traffic study and proposed road system impact to County Roads. He noted that the County Plat Commission had not yet commented on the traffic study. Joe Jablonski, US Home Corporation / Lennar, discussed the proposed subdivision, noting the changes made from the previous application submitted by Wensmann. City Attorney Dougherty addressed the previous approval of the preliminary planned development and the settlement agreement from 2008. Councilmembers discussed the proposed streets and the vacation of right-of-way (Westcott Woodlands Drive), and public access to open space. Five residents of the subject area commented on the right-of-way vacation, traffic concerns, the need for a park and more open space. Parks and Recreation Director Sydell-Johnson discussed the Advisory Parks and Recreation Commission’s recommendations for the proposed development. Mr. Jablonski addressed the issues raised by the residents in regard to the street connections. City Council Minutes March 16, 2010 Page 4 Councilmembers discussed with Mr. Jablonski, the possibility of increased open space and dedication of a conservation easement around the exterior of the development, options for public access to the open space, and discussions regarding the possibility of the City acquiring the land for the approved senior housing. Mr. Jablonski indicated that he would be willing to dedicate the open space around the exterior of the development. After further discussion, it was determined that the perimeter open space would remain in the ownership of the Home Owners Association but public access to the area would be expanded to include the entire area, including the trail. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to amend the Preliminary Planned Development to reduce the unit count and change the mix of housing types upon approximately 115 acres located south of Yankee Doodle Road and west of Wescott Woodlands, subject to the following conditions: #35 and 77 (p.104) to be amended: Aye: 4 Nay: 1 Bakken opposed. 1. The property shall be subdivided and platted prior to Final Planned Development approval. 2. This PD Amendment is for the creation of 264 lots and 7 outlots for 362 dwelling units consisting of a mix of 63 85’-foot single-family lots, 95 65-foot single-family lots, 40 twinhome units, 65 townhome units and a future multiple-dwelling senior building of up to 100 units. 3. The developer shall execute a Preliminary Planned Development Agreement which includes the following plans.  Site Plan  Building Elevations  Site Lighting Plan  Landscaping Plan  Signage Plan  Off Street Parking Plan  Open Space and Maintenance Plan  Utility Plans (water, sewer and storm) 4. The Preliminary Planned Development Agreement shall be recorded against the property at the Dakota County Recorder’s office within 60 days of City Council approval. 5. A Final Planned Development Agreement shall be executed for each phase of the development prior to issuance of a building permit for the phase. The following plans are necessary for each Final Planned Development Agreement:  Final Site Plan  Final Building Elevations  Final Site Lighting Plan  Final Landscaping Plan  Final Signage Plan  Final Off Street Parking Plan  Open Space and Maintenance Plan  Utility Plans (water, sewer and storm) 6. A homeowner’s association shall be established for this development. All common property and open space in conservation easements shall be conveyed to and maintained by the homeowner’s association, as well as the private streets, the townhome lots and any monument signs or other common amenities. All common lots shall be deeded to the homeowner’s association. All association documents shall be in a form acceptable to the city attorney. 7. Sound attenuation construction standards sufficient to achieve an interior sound level of 45 dBA shall be employed for buildings within the one-mile buffer area of the 60 dB contour. 8. All single-family lots shall have a minimum street frontage of 50 feet. 9. 85’ wide single-family lots shall satisfy minimum R-1 zoning standards for lot dimensions and area. 10. 65’ wide single-family lots shall satisfy minimum R-1S zoning standards for lot dimensions and area. City Council Minutes March 16, 2010 Page 5 11. In consideration of common open space provided within the development, a deviation in the minimum lot size and dimensions for twinhomes lots is permitted per the Preliminary Plat dated January 20, 2010, last revised February 3, 2010. 12. Structure setbacks shall be consistent with those outlined in the City’s zoning Ordinance for the corresponding type of housing as follows: 85’ single-family (R-1 district), 65’ single-family (R-1S district); Twinhomes (R-2 District). 13. Minimum structure setbacks from Duckwood Drive shall be 40 feet. 14. Townhome setbacks shall be as follows: a. 50’ from Yankee Doodle Road b. 30’ from Station Trail c. 30’ from the perimeter of the site d. 20’ between buildings 15. Building coverage shall not exceed 20% for each 85’ wide single-family lot, and 25% for each twinhome and 65’ wide single-family lot. The townhome units shall be entirely located within each unit’s lot boundaries. 16. Building coverage for the future multiple family senior building shall not exceed 20%. 17. Building heights shall not exceed 35 feet. 18. The future multiple family senior building may exceed 35 feet if the required additional setbacks are provided in accordance with the R-4 zoning district standards (an additional 3’ for each 1’ of building height over 35’). 19. Each dwelling unit shall provide a minimum two-stall garage. 20. The private drives within the townhome portion of the development shall be signed “no parking” along both sides. 21. Parking lot and pavement setbacks for the future multiple-family senior building shall be a minimum of 20 feet from a public right-of-way to provide sufficient room for berming, screening, buffering and snow storage. 22. Building elevation plans shall be provided with the Final Planned Development for each phase of the development. Such plans shall include specific architectural controls (i.e. design elements, building materials, etc.) that are consistent with the City’s zoning ordinance, where applicable. 23. This development shall comply with the provisions outlined in Section 11.70, Subdivision 21 of the City Code pertaining to site lighting, trash storage, walkways, interior storage space, etc. Detailed plans identified in Condition 4 demonstrating compliance shall be provided at the time of Final Planned Development. 24. Ownership and maintenance of the swimming pool and community building on Lot 1, Block 15, shall be the responsibility of the homeowner’s association. 25. Prior to Final Planned Development approval, the developer shall provide detailed plans for the community building including building elevations and materials, as well as the size and location of the swimming pool. 26. 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. 27. A detailed Landscape Plan, consistent with the design standards and specifications in the City’s landscape ordinance (Section 11.70, Subdivision 12) shall be provided with the Preliminary Subdivision and Final Planned Development. 28. Consistent landscape design elements shall be incorporated throughout the site to provide visual connections between the various parts of this planned development. 29. Berming and landscaping shall be provided along Yankee Doodle Road to provide a buffer between the buildings and this principal arterial. 30. The Landscape Plan shall address screening/buffering on the north end of the west side of the development and the Carriage Hills condominium and shall include berms and plantings as necessary. 31. Prior to Final Planned Development approval, the applicant shall verify that the placement of landscaping does not interfere or conflict with utilities. City Council Minutes March 16, 2010 Page 6 32. In accordance with Section 11,70, Subd. 12-B-3 of the City Code, a financial guarantee for the landscaping shall be submitted with the Final Subdivision for each phase of the development. The guarantee shall cover two calendar years following satisfactory completion and shall be released only upon inspection and written notice of conformance by the city. For any landscaping that is unacceptable, the applicant shall replace the material to the satisfaction of the city before the guarantee is released. Where this is not done, the city, at its sole discretion, may use the proceeds of the performance guarantee to accomplish performance. 33. Prior to final subdivision approval, detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes. 34. Prior to any grading of the Property, erosion control measures shall be installed and maintained in accordance with City code, City engineering standards, and MN Pollution Control permit regulations. 35. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has current University of Minnesota Erosion/ Sediment Control Design training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 36. 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. 37. The use of flagmen will be reviewed when the Development Agreement is prepared, and their use will be implemented by the Developer as determined to be necessary by the City. 38. Storm water management systems for this development shall be constructed in accordance with the City Storm Water Management Plan (Dec. 2005), the City Water Quality Plan, and City engineering standards. 39. In accordance with Eagan City Code §11.67 Subd. 4. B., the applicant shall have all wetlands fully or partially located on the site delineated by a Certified Wetland Delineator utilizing approved methods as stated in Minn. Rules Ch. 8420 and shall have all existing wetlands assessed utilizing the Minnesota Routine Assessment Method (Version 3.0 or later version). The delineation shall be completed prior to Preliminary Subdivision. 40. Any and all wetland delineations shall be conducted during the growing season (i.e., typically between April 15 and October 15) and shall be submitted to the City for review and approval. 41. Any proposals to impact any of the wetlands on the site by draining, filling, or excavating shall comply with Minn. Rules Ch. 8420 and shall be in accordance specifically with Eagan City Code §11.67 Subd. 5., Wetland Sequencing and Replacement Requirements and Eagan City Code §11.67 Subd. 11., Wetland Submittal Requirements. 42. All of the wetlands on the site shall have Wetland Buffers in accordance with Eagan City Code §11.67 Subd. 6. 43. All of the Wetland Buffers on the site shall satisfy Wetland Buffer Vegetative Requirements in accordance with Eagan City Code §11.67 Subd. 7. 44. All of the Wetland Buffers on the site shall be protected in accordance with Eagan City Code §11.67 Subd. 8. 45. All of the Wetland Buffers on the site shall have markers in accordance with Eagan City Code §11.67 Subd. 9. 46. The development of the site shall have wetland setbacks in accordance with Eagan City Code §11.67 Subd. 10. 47. This development may be subject to cash dedications in lieu of the above wetland requirements, at the City’s discretion. 48. 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 or 50 percent TP and 80 percent TSS must be removed from stormwater runoff, whichever is more restrictive. 49. The first one-half inch of stormwater runoff from any rainfall event shall be infiltrated or retained entirely on the site. City Council Minutes March 16, 2010 Page 7 50. This development may be subject to cash dedications in lieu of the above water quality requirements, at the City’s discretion. 51. In accordance with the City’s Tree Preservation Ordinance, Eagan City Code Section 11.10, Subd. 15.1, the applicant shall prepare and submit a Tree Preservation Plan with the Preliminary Subdivision application that: a) identifies all significant vegetation located on the application site, b) delineates limits of land disturbance and tallies significant vegetation proposed to removed, c) provides for any required tree mitigation, and d) indicates measures to protect significant vegetation intended to be preserved. 52. The applicant shall continue to work with city staff to identify additional opportunities for preservation during the development and construction process. 53. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be required 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. 54. 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. 55. Restricted access should be provided along the entire development adjacent to Yankee Doodle Road. 56. All public and private streets within the development shall be constructed in accordance with City Code, with vehicle turnarounds to City and fire code requirements. 57. Continuous trails or sidewalks shall be provided between proposed Duckwood Drive and Yankee Doodle Road, to increase pedestrian circulation and connectivity. 58. All trails within the development shall be constructed in accordance with City engineering standards for width, structural dimension, and right-of-way dedication. 59. All concrete sidewalks within public right-of-way shall be a minimum of six feet (6’) in width. 60. Direct driveway access to Duckwood Drive shall be prohibited. 61. Restricted access, in favor of Dakota County, shall be dedicated along the entire development’s frontage along Yankee Doodle Road. 62. The developer shall dedicate restricted access, in favor of the City, along the entire length of Duckwood Drive,and Wescott Woodlands,within the development, in a form acceptable to the City Attorney. 63. A sanitary sewer system to serve the development shall be constructed in accordance with the City Comprehensive Sanitary Sewer Plan, and City engineering standards. 64. If sanitary sewer lift stations are required to utilize the capacity of all trunk sanitary sewer districts, to adequately serve the development, the stations shall be installed at the developer’s expense. 65. This development shall be responsible for the removal and abandonment of all septic systems and wells, in accordance with City and County requirements. 66. Lateral water mains to serve the development for fire and domestic uses shall be constructed in accordance with the City Water Supply & Distribution Plan, and City engineering standards. 67. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage requirements. 68. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 69. If any improvements are to be installed under a City contract, the appropriate project shall be approved by Council action prior to final plat approval. 70. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. 71. The development shall dedicate conservation easements to the City, in a form acceptable to the City Attorney, over those portions of the site that comprise the 30 acres of open space. These areas shall City Council Minutes March 16, 2010 Page 8 be shown and identified as Conservation Easement Area on the Final Site Plan prior to Final Planned Development approval. 72. The development shall provide connections to the existing off-site Eagan trail system and access points at the perimeter of the development to primary off-site amenities. Connections points include the east and west end of Duckwood and Wescott Hills Drive to Yankee Doodle. Off-site amenities include Mueller Farm Park, O’Leary Park and Woodland Elementary School. 73. This development shall fulfill the Park Dedication requirement through the designation of a proposed 35.76 acres of open space/natural area to be owned and managed as open space/natural area by the Homeowners Association. 74. A looping trail shall be installed through the open space with multiple points of access for residents and the public, possibly including benches and other furnishings, ownership and maintenance to be determined. 75. Trail dedication shall be satisfied through a combination of on-site trails, exclusive of sidewalks, and/or a cash payment consistent with the Eagan fee schedule, to be paid at the time of final plat at the rates then in effect. 76. The developer shall provide an agreement, in a form acceptable to the city attorney, to allow the public full access to those portions of the proposed open space on the perimeter of the single family and townhome development and to those portions of the proposed on-site trail system, constructed by the Developer to City standards, that are determined by the City to have public value. The provision of trail amenities may also be addressed in the agreement. 77. This development shall provide a maintenance plan, in a form acceptable to the City Attorney, for the open space that includes regular eradication of invasive and non-native species, enhancement of planted areas as appropriate, and routine maintenance including trash removal. 78. This development shall install “tot-lots” that include play structures in the townhome area. Such tot lots shall be maintained by the Homeowner’s Association. 79. A Construction traffic and roadway maintenance plan shall be submitted and approved by the City. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision to create 264 lots and 7 outlots for 363 dwelling units upon approximately 115 acres located south of Yankee Doodle Road and west of Wescott Woodlands, subject to the following conditions: Aye: 4 Nay: 1 Bakken opposed. 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, B2, B3, B4, C1, C2, C3, D1, and E1 2. The property shall be platted. 3. A homeowner’s association shall be established for this development. All common property and open space in conservation easements shall be conveyed to and maintained by the homeowner’s association, as well as the private streets, the townhome lots and any monument signs or other common amenities. All common lots shall be deeded to the homeowner’s association. All association documents shall be in a form acceptable to the city attorney. 4. The 2008 Preliminary PD Agreement required that buildings in this development utilize sound attenuation construction standards sufficient to achieve an interior sound level of 45 dBA. 5. All single-family lots shall have a minimum street frontage of 50 feet. 6. Prior to Final Planned Development, the applicant shall verify that the placement of landscaping does not interfere or conflict with utilities. 7. In accordance with Section 11.70, Subd. 12-B-3 of the City Code, a financial guarantee for the landscaping shall be submitted with the Final Subdivision for each phase of the development. The guarantee shall cover two calendar years following satisfactory completion and shall be released only upon inspection and written notice of conformance by the city. For any landscaping that is unacceptable, the applicant shall replace the material to the satisfaction of the city before the guarantee is released. Where this is not done, the city, at its sole discretion, may use the proceeds of the performance guarantee to accomplish performance. City Council Minutes March 16, 2010 Page 9 8. 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. 9. 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. 10. All erosion/ sediment control plans submitted for development and grading permits should 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. 11. All personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 12. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 13. This development shall be responsible for the construction of outlet pipes, with allowable storm water discharges for the storm water basins, in accordance with the City’s current Storm Water Management Plan. 14. Restricted access should be provided along the entire development adjacent to Yankee Doodle Road. 15. All public and private streets within the development shall be constructed in accordance with City Code, with vehicle turnarounds to City and fire code requirements. 16. Continuous trails or sidewalks shall be provided between proposed Duckwood Drive and Yankee Doodle Road, to increase pedestrian circulation and connectivity. 17. All trails within the development shall be constructed in accordance with City engineering standards for width, structural dimension, and right-of-way dedication. 18. All concrete sidewalk proposed within public right-of-way shall be a minimum of six (6) feet in width. 19. This development shall be responsible for abandonment of the on-site well system, in accordance with City and County requirements. 20. Restricted access, in favor of Dakota County, shall be dedicated along the entire development’s frontage along Yankee Doodle Road. 21. The developer shall dedicate restricted access, in favor of the City, shall be dedicated along the entire development’s frontage along Duckwood Drive and Wescott Woodlands, within the development, in a form acceptable to the City Attorney. 22. Public right-of-way along Yankee Doodle Road shall be dedicated in accordance with Dakota County requirements. 23. The applicant shall provide the following additional information: a. For modeling scenarios, using average annual precipitation based on the recent 10-year historical amounts (i.e., 1990-2008) versus the amounts over 50 years (i.e., approximately 1959-2009). b. Construction details of proposed infiltration basins for City review, specifically information on sub- soil work (ripping depth, etc.) to ensure infiltration basins function as intended. c. Soil-boring information below each of the proposed infiltration basin areas (matched up with proposed grades), to ensure that the infiltration basins could perform as intended. Even though the general USDA soils map shows most of the proposed infiltration areas with high likelihood of having “sandy loam” to at least the 60” below grade, there may have been substantial grading and alterations to the soil profile over the course of the golf course operation that have affected these conditions. 24. In accordance with the City’s Tree Preservation Ordinance, Eagan City Code Section 11.10, Subd. 15.1, the applicant shall prepare and submit a Tree Preservation Plan with the Preliminary Subdivision application that: a) identifies all significant vegetation located on the application site, b) delineates limits of land disturbance and tallies significant vegetation proposed to removed, c) provides for any required tree mitigation, and d) indicates measures to protect significant vegetation intended to be preserved. City Council Minutes March 16, 2010 Page 10 25. The applicant shall continue to work with city staff to identify additional opportunities for preservation during the development and construction process. 26. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be required 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. 27. 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. 28. The applicant shall protect the preserved 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. 29. 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. 30. The applicant shall consider the additional preservation of specimen and other large diameter trees via the field review of specific tree location and proposed grading activities. 31. This proposal shall fulfill the Park Dedication requirement through the designation of a proposed 35.76 acres of open space/natural area to be owned and managed as open space/natural area by the Homeowners Association. 32. The development shall provide connections to the existing off-site Eagan trail system and access points at the perimeter of the development to primary off-site amenities. Connections points include the east and west end of Duckwood and Wescott Hills Drive to Yankee Doodle. Off-site amenities include Mueller Farm Park, O’Leary Park and Woodland Elementary School. 33. A looping trail shall be installed through the open space with multiple points of access for residents and the public, possibly including benches and other furnishings, ownership and maintenance to be determined. 34. Trail dedication shall be satisfied through a combination of on-site trails, exclusive of sidewalks, and/or a cash payment consistent with the Eagan fee schedule, to be paid at the time of final plat at the rates then in effect. 35. The developer shall provide an agreement, in a form acceptable to the city attorney, to allow the public full access to those portions of the proposed open space on the perimeter of the single family and townhome development and to those portions of the proposed on-site trail system, constructed by the Developer to City standards, that are determined by the City to have public value. The provision of trail amenities may also be addressed in the agreement. 36. This development shall provide a maintenance plan, in a form acceptable to the City Attorney, for the open space that includes regular eradication of invasive and non-native species, enhancement of planted areas as appropriate, and routine maintenance including trash removal. 37. This development shall install “tot-lots” that include play structures in the townhome area. Such tot lots shall be maintained by the Homeowner’s Association. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING AND PLANNED DEVELOPMENT AMENDMENT – CITY OF EAGAN City Administrator Hedges introduced this item regarding a Comprehensive Land Use Plan Amendment to change the land use designation from SA (Special Area) to QP (Quasi Public), to allow for a Fire Safety Center for property located at 1001 Station Trail. City Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Fields seconded a motion to direct staff to submit to the Metropolitan Council a Comprehensive Land Use Plan Amendment to change the land use designation City Council Minutes March 16, 2010 Page 11 from SA (Special Area), to QP (Quasi Public), to allow for a Fire Safety Center for property located at 1001 Station Trail, legally described as Lot 1, Block 1, Eagan Fire Station No. 2. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to authorize issuing a footing and foundation permit to allow for a Fire Safety Center for property located at 1001 Station Trail, legally described as Lot 1, Block 1, Eagan Fire Station No. 2. IMPLEMENTATION OF A POLICY TO WAIVE CITY RIGHT OF WAY FEES FOR APPICANTS DEPLOYING DIRECTLY TO MORE THAN 100 EAGAN HOMES OR BUSINESSES City Administrator Hedges introduced this item regarding broadband goals by encouraging fiber optic deployment directly to premises by waiving City Right of Way fees. Communications Director Garrison gave a brief overview of the proposed policy. Councilmember Hansen moved, Councilmember Tilley seconded a motion to direct staff to implement a policy in furtherance of its adopted broadband goals by encouraging fiber optic deployment directly to premises by waiving City Right of Way fees for applicants reaching more than 100 homes or businesses. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a City Council resolution in support of Eagan’s applications to the Google Fiber for Communities program. Aye: 5 Nay: 0 The regular City Council meeting as recessed at 10:45 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 10:50 p.m. ADMINISTRATIVE AGENDA Direction was given in regard to signage on Blackhawk Road cautioning the traveling public about road conditions and informing them of the planned reconstruction project this summer. VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 11:00 p.m. Aye: 5 Nay: 0 ____________________ _________________________________ Date Administrative Secretary / Deputy Clerk