04/01/2014 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
APRIL 1, 2014
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire and Councilmembers Bakken, Fields, Hansen and Tilley.
A regular meeting of the Eagan City Council was held on Tuesday, April 1, 2014 at 6:30 p.m. at the Eagan
Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley.
Also present were City Administrator Osberg, Assistant City Administrator Miller, Director of
Communications Garrison, Director of Finance Pepper, Director of Parks & Recreation Johnson, Director
of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Police
Sergeant Fineran, Fire Chief Scott and Executive Assistant Stevenson.
AGENDA
City Administrator Osberg noted Consent Item H - the bid date for Contract 14 -04 should be May 20,
2014, rather than May 6. Consent Item Q - Authorize Preparation of Outlet Center Travel Demand
Management Plan, the actual proposed cost is $33,110.
Osberg noted in the Administrative Agenda under Director of Public Works Item 1- Cedar Grove Parking
Garage Change Order No. 5, staff is asking the Council to consider continuing this item to the April 16,
2014 City Council meeting. In the interim, a Finance Committee meeting will be scheduled to review the
item and issues associated with the parking garage.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as
amended. Aye:5 Nay:0
RECOGNITIONS AND PRESENTATION
There were no recognitions or presentations to be heard.
CONSENT AGENDA
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent
Agenda as amended: Aye: 5 Nay: 0
Mayor Maguire pulled Item D., and Councilmember Fields pulled Item Q. for further discussion.
A. It was recommended to approve the minutes of March 11, 2014 Special City Council
meeting and March 18, 2014 City Council meeting.
B. Personnel Items
1. It was recommended to approve the City of Eagan Policy Changes for Temporary Full
Time Fire Captain and Temporary Full Time Fire Fighters.
2. It was recommended to approve the promotion of Jennifer Saver, Rental Coordinator at
the Eagan Community Center and authorize replacement of the FT Manager on Duty.
3. It was recommended to approve the reclassification of the Administrative Supervisor.
C. It was recommended to approve check registers dated March 14 and March 21, 2014.
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April 1, 2014
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D. It was recommended to approve a resolution of support for the final recommendations of
the Highway 77 (Cedar Avenue Freeway) Managed Lane and Cedar Grove Transit Access
Engineering Study completed by the Minnesota Department of Transportation and
authorize the Mayor and City Clerk to execute all related documents.
E. Item was removed.
F. Item was removed.
G. Item was removed.
H. It was recommended to approve the plans and specifications for Contract 14 -04 (TH 55 /TH
149 Roadway Safety and Capacity Upgrade — Street Improvements) and authorize the
advertisement for a bid opening to be held at 10:30 a.m. on Tuesday, May 20, 2014.
I. It was recommended to receive the bids for Contract 14 -03 (City Wide Street Overlays —
Street Improvements), award the contract to Bituminous Roadways, Inc. for the base bid in
the amount of $1,651,596.00 and authorize the Mayor and City Clerk to execute all related
documents.
J. It was recommended to receive the bids for Contract 14 -01 (2014 City -Wide Water Quality —
Storm Sewer Improvements), award the contract to Sunram Construction, Inc. for the Base
Bid in the amount of $224,581.85 and authorize the Mayor and City Clerk to execute all
related documents.
K. It was recommended to approve the plans and specifications for Contract 14 -09 (TH
13 /Silver Bell Road and Nicols Road /Cedar Grove Parkway /Silver Bell Road — Intersection
Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m.
on Thursday, May 1, 2014.
L. It was recommended to declare unclaimed bicycles to be surplus.
M. It was recommended to approve a Final Planned Development (Stonehaven7t" Addition) for
28 row townhome units, located west of Wescott Woodlands and south of Yankee Doodle
Road.
N. Item was removed.
0. It was recommended to approve a Professional Service Agreement from Universal
Protection Service to provide Uniformed Security Professional at select Eagan Community
Center events.
P. It was recommended to adopt a resolution approving an Exempt Permit for the Eagan
Athletic Association to conduct a raffle on May 11, 2014 at the Lexington /Diffley Athletic
Fields, 4201 Lexington Avenue.
Q. It was recommended to authorize the preparation of a Travel Demand Management Plan for
the Twin Cities at Eagan Outlets by SRF Consulting Group, Inc. and authorize the Mayor and
City Clerk to execute all related documents.
PUBLIC HEARINGS
There were no public hearing items to be heard.
OLD BUSINESS
ORDINANCE AMENDMENT — AN ORDINANCE AMENDMENT TO CITY CODE
CHAPTER 10 REGARDING LOW MAINTENANCE YARDS
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April 1, 2014
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City Administrator Osberg introduced the item noting on February 11, 2014, the Energy and
Environment Advisory Commission made recommendations to the City Council regarding possible
amendments of the City's ordinance requirements pertaining to turf grass and vegetation
establishment and the maintenance of residential yards. Osberg noted the Council reviewed and
discussed the recommendations regarding materials types and regulation and, on that basis, the
Council gave direction to staff and the City Attorney to prepare an amendment of the City Code.
Director of Community Development Hohenstein gave a staff report.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve an ordinance
amendment to City Code Chapter 10 regarding low maintenance turf grass and alternative vegetation
and direct the City Attorney to publish the Ordinance Amendment summary. Aye: 5 Nay: 0
NEW BUSINESS
CONDITIONAL USE PERMIT — CROWN COCO
City Administrator Osberg introduced the item noting the property is zoned GB, General Business,
and has had automotive related uses since the 1960's and several related Conditional Use Permits
since the mid 1980`s. The property is vacant, except for a 50' pylon sign which was affiliated with
the former use. City Planner Ridley gave a staff report.
The applicant, Jerzy Szoka, was available for questions.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use
Permit to allow a minor auto repair upon property located at 4195 Nicols 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. This Conditional Use Permit (CUP) shall replace any and all former Conditional Use Permits for
the property; except for the CUP for the pylon sign approved on January 3, 1991.
3. The applicant shall revise the Site Plan for Building Permit submittal to show compliance with
City Code requirements pertaining to the trash enclosure.
4. The proposed building shall be constructed of exterior finish materials and bulk standards in
accordance with City Code standards.
5. A Lighting Plan consistent with City Code standards depicting all fixtures and illumination levels
shall be provided at the time of Building Permit application.
6. A Landscape Plan, signed by a registered landscape architect, shall be provided at the time of
Building Permit application.
7. The pylon sign for the site shall meet City Code standards for area, setbacks and shall not exceed
27' in height.
8. A Sign Permit is required for all signs prior to installation.
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April 1, 2014
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9. Building address numbers shall be installed in accordance with Section 2.78 of the City Code.
10. Outside storage of vehicles is prohibited.
11. The property owner shall be responsible to remove the existing southern access to Nicols Road
and restore the street, curb and gutter, and boulevard, in a manner acceptable to the City
Engineer.
12. Prior to receiving a Building Permit, the applicant shall demonstrate compliance with City Code
§4.33 Post - Construction Requirements, for stormwater management.
13. All mechanical equipment shall be screened from off -site views in accordance with City Code
standards. Mechanical equipment (rooftop and ground mounted) shall be shown on the plans
for Building Permit with the screening methods identified.
14. The applicant shall obtain a Building Permit and the structure shall have adequate exhaust
ventilation per the Protective Inspections Division.
15. The site shall be graded in compliance with City Code standards.
PLANNED DEVELOPMENT AMENDMENT AND PRELIMINARY SUBDIVISION
(EAGANDALE 6t" ADDITION) — EAGANDALE PROPERTIES
City Administrator Osberg introduced the item noting the Council is being asked to consider
approval of a Planned Development Amendment to dissolve the association and a Preliminary
Subdivision to create two lots and one outlot upon 3.8 acres for property located at 1335 and 1345
Corporate Center Curve.
City Planner Ridley gave a staff report and provided additional information noting the park and trail
dedications have not been previously satisfied for this site. At the time of the final subdivision a
cash dedications is due for Lots 1 and 2 and for Outlot A at the time of building permit. Ridley
continued that the Advisory Planning Commission noted the required dedication of drainage and
utility easements did not appear to be met on the lot lines between parcels. He stated the issue
will be resolved with the applicant entering into an encroachment agreement with the City to cover
the shortfall and an additional condition has been added to the Preliminary Subdivision conditions.
The applicant was available for questions.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Planned
Development Amendment to dissolve the association for property located at 1335 and 1345 Corporate
Center Curve, legally described as Lot 2, Block 1 Eagandale Office Park 5t" Addition, subject to the
following conditions: Aye: 5 Nay: 0
1. An Amendment to the Final Planned Development Agreement shall be executed eliminating the
requirement for an association. The PD Amendment Agreement shall be recorded against the
property with the Plat.
2. The property shall be platted.
3. Cross - easements for ingress /egress and shared parking shall be executed in a form acceptable
to the City Attorney.
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4. Cash park and trail dedications are due for proposed Lots 1 and 2 and shall be paid at the time of
Final Subdivision. The dedications for Outlot A shall be collected at the time of future
development with issuance of the building permit.
5. This PD Amendment is intended to supplement and amend the prior Final Planned Development
Agreement. All other terms and conditions of the Final Planned Development Agreement shall
remain in full force and effect.
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Preliminary
Subdivision to create two lots and one outlot upon 3.8 acres for property located at 1335 and 1345
Corporate Center Curve, legally described as Lot 2, Block 1, Eagandale Office Park 5th Addition, 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: B1, B2, and B4
2. The property shall be platted.
3. Public drainage & utility easements at least 10' in width shall be dedicated on both sides of all
public utilities, and 10 foot easements shall be dedicated along all lot lines. City Engineer shall
determine appropriate easement dedication prior to City Council approval.
4. Cross- easements for ingress /egress and shared parking shall be executed in a form acceptable
to the City Attorney.
5. Cash park and trail dedications are due for proposed Lots 1 and 2 and shall be paid at the time of
Final Subdivision. The dedications for Outlot A shall be collected at the time of future
development with issuance of the building permit.
6. Prior to Final Subdivision approval, the applicant shall enter into an encroachment
agreement with the City, in a form acceptable to the City Attorney, to permit existing
encroachments of retaining walls within drainage and utility easements.
PLANNED DEVELOPMENT AMENDMENT — SCHAFER RICHARDSON, INC.
City Administrator Osberg introduced the item noting the Council is being asked to consider a
Planned Development Amendment to allow a drive - through facility in conjunction with a fast food
restaurant operation at 2109 Cliff Road. City Planner Ridley gave a staff report.
The applicant, Cynthia Hable, provided an overview of the request, stating the applicant is in
agreement with the suggested conditions of approval and that she was available for questions.
The Council discussed the amendment.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Planned
Development Amendment to allow a drive- through facility in conjunction with a fast food restaurant
operation at 2109 Cliff Road, subject to the following conditions: Aye: 5 Nay: 0
1. A Planned Development Amendment Agreement shall be executed and placed on file with the
Community Development Department prior to issuance of any permits.
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2. The applicant shall revise the Site Plan to provide stall dimensions consistent with City Code and
handicap parking standards.
3. Cross - easements for ingress /egress and shared parking shall be executed in a form acceptable
to the City Attorney.
4. The applicant shall provide a revised Landscape Plan, prepared by a Registered Landscape
Architect, providing new plantings around the base of the pylon sign, transformers and the
south side of the trash enclosure and shrub beds on either side of the tree on the southern
perimeter and a shrub bed on the east perimeter between the transformers and the access to
Cliff Drive should also be included.
5. Directional signage shall be provided at the entrance and exit of the one -way drive through lane.
6. All signage is subject to the requirements of the City Sign Code and a Sign Permit is required for
each sign prior to installation.
7. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City
Code.
8. The developer shall be responsible to restore the street, curb and gutter, and boulevard
damaged by installation of the water main service along Cliff Drive in a manner acceptable to
the City Engineer.
PRELIMINARY SUBDIVISION, REZONING AND PRELIMINARY PLANNED DEVELOPMENT —
HILTON HOME2 SUITES OF EAGAN/MORRISSEY GROUP AND
EAGAN ECONOMIC DEVELOPMENT AUTHORITY
City Administrator Osberg introduced the item noting on February 3, 2014, the Eagan Economic
Development entered into a purchase agreement to sell the property to MHC Cedar Grove, LLC.
The Council is being asked to consider approval of a Preliminary Subdivision, a Rezoning from Cedar
Grove District to Planned Development and a Preliminary Planned Development for the proposed
four - story, 123 -unit hotel located along Cedar Grove Parkway. City Planner Ridley gave a staff
report.
Bill Morrissey, the applicant, gave an overview of the request and was available for questions. The
project architects, Aaron Roseth and Chris Morrissey, summarized the outstanding issues and the
rationale behind the Morrissey position. They also stated they were both available for questions.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
The Council discussed the issues and responded to the following items as following:
1. Parking Garage Access Alignment —The Council agreed with the modification to the
driveway alignment with the parking garage.
2. Signage — City Code allows building signage on two sides of the building. The developer is
proposing signage on the north, east and west sides of the building. The Council agreed
with signage on the north, east and west sides of the building.
3. Roof Top Beacon and illumination of Beacon on south side of the building —The Council
agreed the roof top beacon was an acceptable feature and did not need to be shielded on
the south side.
4. Building Materials — The Council agreed the building materials should get closer to meeting
the City Code standards. The material requirements in the Cedar Grove District are for 60%
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Primary - 30% Secondary -10% Accent and the applicant proposes a breakdown of 24% -
66% -10 %. Discussion occurred regarding options such as wrapping the entire bottom
portion of the building with stone (Primary material) which would bring the percentages to
30% - 60% -10 %. Mr. Roseth noted the possibility of changing out the darker material on
the building to a Primary material, such as brick, which would also bring the Primary
material percentage up. Mayor Maguire noted his preference that the Primary materials
get to 50 %. The Council agreed. It was determined the item should be continued to a
future City Council meeting to allow additional time for Morrissey to work with their
architects and Hilton on different building materiasl scenarios.
Building Architecture —The Council agreed the proposed fagade articulation is an
acceptable balance.
Councilmember Fields moved, Councilmember Bakken seconded a motion to continue the Preliminary
Subdivision, Rezoning and Preliminary Planned Development - Hilton Homes2 Suites of Eagan /Morrissey
Group and Eagan Economic Development Authority item to the April 16, 2014 City Council meeting.
Aye: 5 Nay: 0
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative /intergovernmental affairs update to be heard.
ADMINISTRATIVE AGENDA
DIRECTOR OF COMMUNITY DEVELOPMENT
Director of Community Development Hohenstein noted 62 of the 105 plans are in for Paragon Stores,
with Paragon releasing spaces within the center on April 15, May 15, and June 15, 2014.
There were no visitors to be heard.
VISITORS TO BE HEARD
ADJOURNMENT
Councilmember Fields moved, Councilmember Hansen seconded a motion to adjourn the meeting at
8:07 p.m. Aye: 5 Nay: 0
Date
t
Mayor
City Clerk