09/03/2013 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
SEPTEMBER 3, 2013
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were
Councilmembers Bakken, Fields, Hansen and Tilley.
A regular meeting of the Eagan City Council was held on Tuesday, September 3, 2013 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and
Tilley. Also present were City Administrator Osberg, Director of Communications Garrison, Director of
Finance Pepper, Director of Community Development Hohenstein, City Planner Ridley, Director of Public
Works Matthys, Director of Parks and Recreation Johnson, Fire Chief Scott, Police Chief McDonald and
Executive Assistant Stevenson.
Mayor Maguire took a minute to acknowledge the passing of Duane "Duey" Bendt, a long time Eagan
resident and past commission member, and extended sympathies to the family.
AGENDA
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as
presented. Aye:5 Nay:0
RECOGNITIONS AND PRESENTATION
Director of Parks and Recreation Johnson introduced Todd Peterson, Senior Director of Community
Engagement for the American Cancer Society, Inc., who gave an overview of the study and presented a
plaque to the City Council from the Epidemiology Research Group for support and participation in the
Cancer Prevention Study -3 project.
CONSENT AGENDA
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the Consent
Agenda as presented: Aye: 5 Nay: 0
A. It was recommended to approve the amended minutes of August 13 and August 20,
2013.
B. Personnel Items
1. It was recommended to accept the resignation of Saundra Buenning, Police Clerical
Technician IV.
2. It was recommended to approve the hiring of seasonal /temporary employees in Parks &
Recreation.
C. It was recommended to approve check registers dated August 16 and 23, 2013.
D. It was recommended to approve the Police Liaison Services Agreement between the City of
Eagan and Independent School District (ISD) #196.
E. It was recommended to approve an amendment to the Joint Powers Agreement for ICAC, a
multi agency task force that combats internet crimes where children are victims, with the
State of Minnesota, Bureau of Criminal Apprehension.
F. It was recommended to approve transfer of funds to the Aquatic Facility (Cascade Bay) Fund
and Civic Arena Fund for Capital Renewal and Replacement, and alter the internal loan from
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September 3, 2013
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the Public Utilities Fund to the Civic Arena Fund from interest - bearing to non- interest-
bearing.
G. It was recommended to approve Establishment of Eagan Wetland Bank at Wandering Walk
Park.
H. It was recommended to receive the Final Assessment Report for Project No. 1107 — Park
Center Drive - Street Improvements and Schedule Public Hearing for October 1, 2013.
I. It was recommended to receive the Final Assessment Report for Project No. 1110 —
Wilderness Run 2nd —4t" - Street Improvements and Schedule Public Hearing for October 1,
2013.
J. It was recommended to receive the Final Assessment Report for Project No. 1117 —Manor
Lake/ Lakeview Trail- Street Improvements and Schedule Public Hearing for October 1, 2013.
K. It was recommended to receive the Final Assessment Report for Project No. 1098 — Wexford
and Wexford 2nd Additions - Street Improvements and Schedule Public Hearing for October
1, 2013.
L. It was recommended to receive the Final Assessment Report for Project No. 1065 —
Lexington Way — Street Improvements and Schedule Public Hearing for October 1, 2013.
M. It was recommended to receive the Final Assessment Report for Project No. 1029 —South
Oaks — Street Improvements and Schedule Public Hearing for October 1, 2013.
N. It was recommended to approve City Contract 13 -21, Blackhawk Lake Alum Treatment.
O. It was recommended to approve Change Order No. 1, City Contract No. 13 -12, Cedar Grove
Parkway Trail & Lighting Improvements.
P. It was recommended to approve a resolution to accept a donation of $3000 from the Eagan
Fire Auxiliary for the Fire Department and authorize the necessary budget adjustments.
Q. It was recommended to approve an Exempt Permit for Faithful Shepherd Catholic School to
hold a raffle on September 20, 2013 at 3355 Columbia Drive.
R. It was recommended to approve an Exempt Permit for Faithful Shepherd Catholic School to
hold a raffle on February 1, 2014 at 3355 Columbia Drive.
S. It was recommended to approve a Temporary On -Sale Liquor License and Waive the license
fee for Faithful Shepherd Catholic School on February 1, 2014 at 3355 Columbia Drive.
T. It was recommended to approve a Temporary On -Sale Liquor License and Waive the license
fee for People of Praise, MN, Inc. on September 14, 2013 at 601 River Ridge Parkway.
U. It was recommended to approve an On -Sale Beer, Wine and Sunday Wine License for
Cupcake, Inc. DBA Cupcake, 1565 Cliff Road Suite 1.
V. It was recommended to approve additional house plans for Stonehaven development.
W. It was recommended to approve an Extension for Lemay Lake Family Townhomes.
X. It was recommended to direct Research and Preparation of an Ordinance Amendment
regarding the Standards for Brew Pubs and Tap Rooms.
Y. It was recommended to authorize Expansion of Building Inspections Service Contract with
Inspectron for August 6 Storm Damage Repairs.
Z. It was recommended to approve a Resolution to accept an in -kind donation of discounted
advertising for specific 2013 Parks & Recreation events from Sun ThisWeek newspapers.
AA.It was recommended to approve an agreement with American Specialty Health Fitness, Inc.
to offer the Silver & Fit program at the Eagan Community Center.
BB. It was recommended to approve the 2014 Parks & Recreation Capital Improvements
Program.
CC. It was recommended to approve the 2013 -14 Advisory Parks Commission Work Plan and
Goals.
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September 3, 2013
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DD. It was recommended to approve the 2013 -14 Energy and Environment Advisory Commission
Work Plan and Goals.
PUBLIC HEARINGS
PARKVIEW GOLF CLUB EASEMENT VACATION
City Administrator Osberg introduced the item noting the Council is being asked to consider the
vacation of a public drainage and utility easement located on Lot 1, Block 1, Parkview Golf Club,
with continued action to coincide with City Council consideration of the Dakota Path Addition final
plat and subdivision. Director of Public Works Matthys gave a staff report.
Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back
to the Council.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to close the public hearing for
the vacation of a public drainage and utility easement located on Lot 1, Block 1, Parkview Golf Club, and
continue action to coincide with City Council consideration of the Dakota Path Addition final plat and
subdivision. Aye:5 Nay:0
There was no old business to be heard.
OLD BUSINESS
NEW BUSINESS
REZONING AND PRELIMINARY PLANNED DEVELOPMENT —
THE FLATS AT CEDAR GROVE, LLC
City Administrator Osberg introduced the item noting the Council is being asked to consider two
items a Rezoning from (CGD) Cedar Grove District to Planned Development upon the 4.98 acres
located at the southwest corner of Highway 13 and Cedar Grove Parkway, and a Preliminary
Planned Development for a 4 -story 190 -unit apartment building providing a mix of unit types from
studio to 3- bedroom, with approximately 11,000 s.f. of commercial retail space on the northwest
corner of the first level. Approval of the Preliminary Planned Development also constitutes
approval of the Final Planned Development to be documented in a Final Planned Development
Agreement. Osberg noted the Advisory Planning Commission held a public hearing on August 27,
2013, and did recommend approval, subject to the conditions listed in the APC minutes.
City Planner Ridley gave a staff report noting at the APC meeting the applicant raised a question
regarding the City Code provision related to the amount of additional storage space required for
each unit. Ridley noted the APC removed the condition related to providing additional storage
from their recommendation.
Ridley noted the second issue for the proposed plat for the property was recently discovered to
include a small parcel that is not owned by the EDA. A condition was added to the Preliminary
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September 3, 2013
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Planned Development requiring the applicant to satisfy the County Surveyor's conditions to
incorporate that parcel into the plat, in a form acceptable to the City Attorney.
Link Wilson, President of Kaas Wilson Architects, gave a presentation on the elevations of the
building making note of the Class A brick materials incorporated into the modern exterior design.
Wally Johnson, The Flats at Cedar Grove LLC, was available for questions.
Mayor Maguire asked if anyone in the audience would like to comment on the rezoning and preliminary
planned development. There being no public comment, he turned discussion back to the Council.
The Council discussed the development noting the parking concerns for the commercial area and what
they anticipated for parking space availability for the commercial area. Mr. Johnson responded that he
does not anticipate a lot of interest by restaurant uses or the need for a drive - through. After further
discussion the Council determined an additional condition to define commercial uses was in order.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Rezoning from
CGD (Cedar Grove District) to PD (Planned Development) upon approximately 4.98 acres located at the
southwest corner of Hwy 13 and Cedar Grove Parkway. Aye: 5 Nay: 0
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Preliminary
Planned Development and a Final Planned Development for 4 -story 190 -unit apartment building
providing a mix of unit types from studio to 3- bedroom, with approximately 11,000 s.f. of commercial
retail space on the northwest corner of the first level located on the southwest corner of Hwy 13 and
Cedar Grove Parkway, subject to the following conditions: Aye: 5 Nay: 0
1. The property shall be platted.
2. A Final Planned Development Agreement shall be executed for the development prior to issuance of
a building permit. The following plans are necessary for the Final Planned Development Agreement:
• Final Site Plan
• Final Building Elevations
• Final Site Lighting Plan
• Final Landscape Plan
• Final Signage Plan
3. Calculations for the parking lot islands shall be provided on the Final Site and Landscape Plans for
the Final Planned Development Agreement.
4. The Final Site Lighting Plan shall include accent lighting or architectural and security illumination of
the building exterior and photometric information.
5. The developer shall provide adjustments to the Final Site Lighting Plan to bring the average to
minimum ratios closer to 4.0 and achieve minimum light levels of 0.5 footcandles throughout the
parking lots.
6. A lighting plan for the underground parking level shall be provided at the time of building permit,
which demonstrates compliance with the photometric standards in the City Code.
:7. Add*t*E)nal sterage spaGe should be previded te meet the City C.Radde stand-ard of at least 150 eubiG
feet PeF, mit *
8. Consistent interior window treatments shall be provided for windows that are visible from a public
street or open space in offices and multiple residential complexes, in accordance with the City Code.
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9. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City
Code.
10. Rooftop mechanical units shall be shown on the plans submitted for Building Permit, with screening
provided in accordance with City Code requirements.
11. Trash storage shall be located within the building and fully screened from off -site views.
12. The Final Landscape Plan shall include some shrub or perennial plant beds along the west side of the
site, if no conflict with utilities is present. Consideration also shall be given to using a different
species of evergreen which may be better suited to those locations where an evergreen material is
desired and growth space is limited.
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. 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.
15. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
16. This development shall loop the water main through the site.
17. Private Access and Drainage & Utility Easements with the adjacent properties (Lots 1 and 2, Block 1,
Cedarvale 2 d Addition) shall be required as necessary for access, drainage, and utility purposes, in a
form acceptable to the City Attorney.
18. Because of the new access easement, the applicant shall cause the existing driveway accesses from
Jensen's to Cedarvale Blvd (Nicols Road) and the Bowling Center to Cedarvale Parkway to be closed
in a manner acceptable to the City Engineer
19. The developer shall obtain all outside agency permits as necessary for completion of the site
improvements.
20. This development shall accept its additional financial obligations as defined in the staff's report in
accordance with the final plat dimensions and the rates in effect at the time of final plat approval.
21. This development is responsible for cash park and trail dedications. The dedications will be
calculated based on actual construction plans at the time of building permit, at the rates then in
effect, and payment collected prior to release of the building permit.
22. Any land in plat not owned by Economic Development Authority shall satisfy all requirements of the
County Surveyor to record the plat, in a form acceptable to the City Attorney.
23. No more than 4,000 s.f. of the total retail space shall be occupied by restaurant(s). No drive through
shall be permitted.
PLANNED DEVELOPMENT AMENDMENT— ASSOCIATED HEALTHCARE CREDIT UNION
City Administrator Osberg introduced the item noting the Council is being asked to consider a
Planned Development Amendment to allow a bank drive through upon property located at 1460
Yankee Doodle Road.
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City Planner Ridley gave a staff report noting the applicant and property owner are having difficulty
meeting the trash enclosure requirements due to the age of the facility and limited space. Ridley
noted that since the APC meeting the property owner submitted a scenario where three trash
enclosure locations on the property. Ridley stated that given the space constraints of the site and
how traffic circulation operates presently the proposed scenario appears to be a reasonable effort
to get closer to the City Code requirements.
Jerry Ziegler, the applicant, and Chad Sande, Property Manager for MFC Properties were available
for questions.
The Council discussed the amendment and directed staff to add language to condition number six to
include reference to the new Site Plan received on September 3.
City Planner Ridley noted that the applicant shared that they had not budgeted the cost of the
three enclosures costing approximately $12,000 each. As such, the owner is asking the City Council
to consider an approach whereby one enclosure would be constructed each year beginning in
2013, with another enclosure in 2014 and the final one in 2015.
The Council discussed the applicant's request and determined that the proposal was acceptable
and directed staff to include language to condition number six to include the installation of three
enclosures over the next three years.
Mayor Maguire asked if anyone in the audience would like to comment on the amendment. There
being no public comment, he turned discussion back to the Council.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Planned
Development Amendment to allow a bank drive through upon property located at 1460 Yankee Doodle
Road, subject to the following conditions: Aye: 5 Nay: 0
1. The Planned Development Amendment shall be recorded at the Dakota County Recorder's Office
within 60 days of City Council approval.
2. The approval of the drive - through is specifically for a bank. If the City determines that the site
operation is deficient in vehicle stacking spaces, the property owner shall reconfigure the parking lot
to accommodate the additional stacking need subsequent to review and approval by City staff or the
drive - through window shall be removed.
3. Sign Permits are required prior to installation of any sign, and signage is subject to all other
requirements of the City Code.
4. The Fire Lane shall be striped and signed per the Site plan received July 31, 2013.
5. "Do Not Enter" or "Exit Only" signage shall be installed at the southern end of the building
subsequent to review and approval by City staff. A revised Site Plan shall show the location and sign
specifications. A crosswalk shall be painted to connect the sidewalk in front of the two buildings and
"Do Not Block Crosswalk" signage shall be added.
6. Trash and recycling receptacles shall be kept inside the building or within an enclosure constructed
according to the Site Plan received on September 3, 2013. At least one enclosure shall be installed
per year, beginning in 2013, with all completed no later than September 1, 2015.
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September 3, 2013
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CONDITIONAL USE PERMIT AND VARIANCE — VERIZON WIRELESS
City Administrator Osberg introduced the item noting the Council is being asked to consider a
Conditional Use Permit to allow a 100 -foot telecommunications tower with a 9 -foot lightning rod
for property located at 2922 West Service Road and a Variance to locate a telecommunications
tower in a side yard for the same property. Osberg noted in 1996 a CUP was approved to allow
outdoor storage of 20 semi - trucks and trailers. The applicant proposes the 100 -foot
telecommunications tower be located in the side yard due to the existing buildings location on the
site and semi -truck circulation.
City Planner Ridley gave a staff report.
Mayor Maguire asked if anyone in the audience would like to comment on the conditional use permit
and variance. There being no public comment, he turned discussion back to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use
Permit to allow a 100 -foot telecommunications tower with a 9 -foot lightning rod for property located at
2922 West Service Road, subject to the following conditions: Aye: 5 Nay: 0
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the
City Council.
2. As required by City Code, the 100 -foot antenna tower shall accommodate the applicant's antennae
and one additional comparable antenna for other communication providers; accept antennae
mounted at varying heights; and allow the future rearrangement of antennae upon the tower.
Documentation of this shall be provided at the time of application for building permit.
3. The applicant shall provide the City documentation from a registered structural engineer confirming
the structural integrity of the proposed monopole. The documentation shall be submitted with the
Building Permit application.
4. The equipment building shall be constructed of pre -cast panels with a raked finish of similar color
and trim to match the existing building.
5. The two dead deciduous trees along the south /east property line shall be replaced by October 31,
2013.
6. Trash receptacles /dumpsters shall be kept either inside the building or within an enclosure
constructed according to City Code standards. A revised Site Plan shall show the trash enclosure if
one is to be constructed.
7. Trailer storage should occur in the rear yard as designated on the 1996 approved storage plan and
should be removed from the passenger parking lot in the front yard adjacent to Center Court.
8. The monopole and equipment building shall be maintained in premium condition.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Variance to
locate a telecommunications tower in a side yard for property located at 2922 West Service Road,
subject to the following conditions: Aye: 5 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
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.
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2. The monopole telecommunications tower shall be located as shown on the proposed Site Plan
received July 31, 2013.
CERTIFICATION OF THE PRELIMINARY 2014 BUDGET AND PROPERTY TAX LEVY,
AND SETTING OF PUBLIC MEETING DATE ON WHICH THE BUDGET AND LEVY WILL BE DISCUSSED
City Administrator Osberg introduced the item noting the total levy is $29,086,355. Osberg
announced the next regularly scheduled meeting the levy and budget will be discussed is the City
Council meeting of December 3 at 6:30 p.m. in the Council Chambers at which the public will be
allowed to speak. Osberg continued the City Council is required by law to certify the proposed
payable 2014 budget and property tax levy on or before September 16. The levy can be
subsequently decreased, but not increased.
Finance Director Pepper was available for questions.
Mayor Maguire asked if anyone in the audience would like to comment on the preliminary 2014 budget
or property tax levy. There being no public comment, he turned discussion back to the Council.
Mayor Maguire announced the next regularly scheduled meeting at which the levy and budget will be
discussed is the City Council meeting of Tuesday, December 3 at 6:30 p.m., right here in the Council
Chambers. The public will be allowed and invited to speak at this meeting.
Mayor Maguire moved, Councilmember Fields seconded a motion to approve the preliminary 2014 tax
levy as following: Operating $27,763,065, Debt Service $203,163, Community Center debt service
$1,120,127, for a total levy of $29,086,355, and to approve the preliminary 2014 General Fund
expenditure budget, including contingency, of $29,922,800. Aye: 5 Nay: 0
Councilmember Fields moved, Councilmember Tilley seconded a motion to set the date for the public
hearing of the 2014 levy and budget as December 3, 2013. Aye: 5 Nay: 0
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative /intergovernmental affairs update to be heard.
ADMINISTRATIVE AGENDA
CITY COUNCIL
Councilmember Hansen noted the MVTA will be celebrating Customer Appreciation Week with
refreshments being served at the Eagan Transit Stations and Park & Ride on September 10, 11 and 12tH
VISITORS TO BE HEARD
There were no visitors to be heard.
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September 3, 2013
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ADJOURNMENT
Councilmember Hansen moved, Councilmember Tilley seconded a motion to adjourn the meeting at
7:53 p.m. Aye: 4 Nay: 0
1~ R -13
Date
AO!?�L
Mayor
City Clerk