06/17/2014 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
JUNE 17, 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, June 17, 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 Community Development
Hohenstein, City Planner Ridley, Director of Public Works Matthys, Police Chief McDonald, Fire Chief
Scott, and Executive Assistant Stevenson.
AGENDA
City Administrator Osberg noted the addition to the Consent Agenda, Item W. Extension of time to
record the plat for Safari at Eagan 4th Addition.
Councilmember Hansen moved, Councilmember Tilley 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
A. It was recommended to approve the minutes of June 3, 2014 City Council meeting.
B. Personnel Items
1. It was recommended to approve the reclassification of the IT Network Administrator
from Level 12 to Level 13.
2. It was recommended to approve the reclassification of the Accounts Payable Specialist
from Clerical Union Level 4 to Clerical Union Level 5.
3. It was recommended to approve the hiring of Seasonal Employees in Parks &
Recreation.
C. It was recommended to approve check registers dated May 30, and June 6, 2014.
D. It was recommended to direct the City Attorney's Office to prepare an ordinance
amendment to City Code Chapter 6.34 relative to the sale of tobacco, tobacco - related
devices, electronic delivery devices and nicotine and lobelia products.
E. It was recommended to reschedule the August 14, 2014 Special City Council meeting to
August 11, 2014 and schedule a Canvassing Board Meeting at 8:45 a.m. on August 14, 2014.
F. It was recommended to approve a resolution appointing absentee ballot board judges and
designating them deputy city clerks for the purpose of administering elections.
G. It was recommended to approve a temporary on -sale liquor license for the Scottish Fair and
Highland Games on July 12, 2014 at 3355 Columbia Drive.
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H. It was recommended to approve an off -sale 3.2 percent malt liquor (beer) license for Eagan
2014 LLC doing business as Cub Foods located at 1276 Town Centre Drive.
I. It was recommended to approve a temporary on -sale liquor license and waive the license
fee for Faithful Shepherd Catholic School's Septemberfest on September 19 -21, 2014 at
3355 Columbia Drive.
J. It was recommended to approve a Sound Amplification Permit and Waiver of fee for an
outdoor event with electronic sound system /audio equipment use after 10 p.m. to be held
on September 20, 2014 at 3355 Columbia Drive.
K. It was recommended to approve the 2014 General Fund Budget adjustment of $256,800 to
account for the SAFER (Staffing for Adequate Fire and Emergency Response) Grant.
L. It was recommended to approve Financial Audit Services agreement in the amount of
$48,300, Single Audit Services (if needed) for $3,000, and appoint Kern DeWenter Viere, LTD
(KDV) as the City Auditor for the 2014 fiscal year.
M. It was recommended to approve the Third Amendment to the Special Events Agreement
with CSM for public use of the parking areas on the former Lockheed Martin property during
the 2014 Fourth of July Funfest.
N. It was recommended to receive bids for Contract 14 -04 (TH 55 /TH 149 Safety and Capacity
Improvements) and award the contract to Max Steininger, Inc. in the base bid amount of
$6,798,652.72, and authorize the Mayor and City Clerk to execute all related documents.
0. It was recommended to approve the recommendations of the Public Works Committee
regarding various appeals to Inflow & Infiltration (1 &1) Program surcharges.
P. It was recommended to approve services agreement with CLIMB Theatre Company for the
2014 -15 school year to provide an environmental awareness program in Eagan public
schools, according to past practice, and authorize staff to oversee and manage the program.
Q. It was recommended to approve Change Order No. 1 to Contract 14 -01 (2014 City -Wide
Water Quality —Storm Sewer Improvements), and authorize the Mayor and City Clerk to
execute all related documents.
R. It was recommended to approve Change Order No. 1 to Contract 14 -09 (Truck Highway
13 /Silver Bell Road and Nicols Road /Cedar Grove Parkway /Silver Bell Road — Intersection
Improvements) and authorize the Mayor and City Clerk to execute all related documents.
S. It was recommended to approve a one -year extension of the Conditional Use Permit
approval for property at 1090 Gemini Road.
T. It was recommended to approve a professional services agreement with CNH Architects for
a space needs analysis for the Police /City Hall Campus Facility.
U. It was recommended to adopt a resolution granting authorization to the Chief of Police and
Finance Director to apply for a grant through the United States Department of Justice
(USDOJ).
V. It was recommended to approve the final payment of $273,915.62 to Centuryl-ink for the
relocation of Centuryl-ink fiber optic facilities within the Cedar Grove Redevelopment Area
and authorize the Mayor and City Clerk to execute all related documents.
W. It was recommended to approve a 60 -day extension of time to record the final plat for Safari
at Eagan 4th Addition.
PUBLIC HEARINGS
LOT 21, BLOCK 1, FAWN RIDGE EASEMENT VACATION
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City Administrator Osberg noted the Council is being asked to approve a portion of a public
drainage and utility easement as part of a petition received on May 7, 2014. If granted the request
it would allow the homeowner to build a 14 foot by 14 foot deck at 4477 Fawn Ridge Trail. Public
Works Director Matthys gave a staff report.
The applicant, Jane Juutilainen, was present and available for questions.
Mayor Maguire opened the public hearing. There being no public comment, he turned the
discussion back to the Council.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the vacation of a
portion of a public drainage and utility easement located on Lot 21, Block 1, Fawn Ridge and authorize
the Mayor and Deputy City Clerk to execute all related documents. Aye: 5 Nay: 0
PUBLIC NEARING
PUBLIC HEARING FOR CONSIDERATION OF AMENDMENT TO
CITY BUSINESS ASSISTANCE POLICY REGARDING TAX ABATEMENT
City Administrator Osberg noted the Council last considered the public finance assistance policy of
the City of Eagan in August, 2012. As one of its 2014 Priorities, the City Council included an
intention to "reform the City's Financial Assistance Policy to enhance the City's flexibility and ability
to pursue City priorities and amenities." Osberg noted on May 7, 2014, the Finance Committee
reviewed the policy and recommended Council consider an amendment of the policy to permit the
City the flexibility to consider tax abatement for the attraction of a colocation data center,
attraction of a carrier neutral carrier hotel and redevelopment and revitalization projects, under
certain circumstances.
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 approve an amendment to
the City of Eagan Business Assistance Policy regarding the use of Tax Abatement for specific purposes.
Aye:S Nay:O
PUBLIC HEARING TO CONSIDER PUBLIC FINANCING ASSISTANCE TO
DATABANK HOLDINGS LP FOR THE CONVERSION OF PROPERTY AT
3255 NEIL ARMSTRONG BOULEVARD TO A COLOCATION DATA CENTER
City Administrator Osberg noted the Council is being asked to consider four actions: to approve the
property tax abatement for DataBank Holdings, LP, a resolution for the Minnesota Department of
Employment and Economic Development Minnesota Investment Fund application, grant
agreement and forgivable loan for $150,000 for DataBank Holdings, LP, a resolution supporting
DataBank Holdings LP's application Minnesota Job Creation Fund Business Designation in the
amount of $270,000, and to approve a waiver of the applicant fee and escrow requirement for the
DataBank financing application.
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Director of Community Development Hohenstein gave a staff report and provided additional
information. He indicated the DataBank project is a colocation data center and carrier neutral
carrier hotel, both of which have been priorities for the City Council for a number of years, due to
their benefits to the Eagan business community and the region.
Representatives of DataBank, Tim Moore and Kevin Oley were present and available for questions.
Mayor Maguire opened the public hearing. There being no public comment, he turned the
discussion back to the Council.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve findings of fact,
conclusions and a resolution regarding Property Tax Abatement for DataBank Holdings, LP of the City
portion of the incremental tax revenue generated from improvements on the property related to the
project. Aye:5 Nay:0
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a resolution
authorizing and approving a Minnesota Department of Employment and Economic Development
Minnesota Investment Fund application, grant agreement and forgivable loan for $150,000 for DataBank
Holdings, LP. Aye: 5 Nay: 0
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a resolution
supporting DataBank Holdings LP's application Minnesota Job Creation Fund Business Designation in the
amount of $270,000.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a waiver of the
application fee and escrow requirement for the DataBank financing application.
Mayor Maguire noted the importance of this project to the City and that much work has been done over
the years in preparation for this opportunity and in recent months to bring the DataBank project into
reality. Councilmember Hansen concurred and thanked the Finance Committee and staff for their
ongoing work, which made it a straightforward decision for the Council.
OLD BUSINESS
COMPREHENSIVE GUIDE PLAN AMENDMENT, PRELIMINARY PLANNED DEVELOPMENT
AND PRELIMINARY SUBDIVISION — INTERSTATE PARTNERS (CITYVUE COMMONS)
City Administrator Osberg noted the property is located south of Yankee Doodle Road, north of
Town Centre Drive and west of Lexington Avenue. The Council is being asked to consider three
actions, to implement a comprehensive guide plan land use amendment to change the land use
designation from Special Area /Office Service to Special Area /Mixed Use upon approximately 10
acres, a preliminary planned development to establish a missed use development project, and a
preliminary subdivision to create six lots.
City Planner Ridley gave a staff report. Ridley noted the developer is proposing approximately 1.3
parking spaces per dwelling unit that the Eagan Fire Department is concerned with the proposed
ratio and would prefer the City Code standard of a minimum of two stalls per unit be provided.
Ridley stated that the developer offered to delay development of the apartments until they are
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fully leased so the actual parking demand for that facility would be known. If the parking of 1.3
stalls /unit was proven to be inadequate, the developer stated they would provide additional
parking on Lot 3 to serve the 10- story. The size of the future apartment building on Lot 3 would be
reduced accordingly.
Lonnie Provencher, Interstate Partners, stated the development team was available for questions.
Mayor Maguire stated he understood that Interstate was essentially proposing that Lot 3 would
serve as proof of parking for Lot 2 until the parking demand for the ten -story building is fully
understood by City Planning and Public Safety staff. Should additional parking be needed it will be
provided on Lot 3 and the capacity of any future development on Lot 3 will be informed by the
established parking needs of Lot 2. Future development of Lot 3 will require an amendment to the
Planned Development.
After further City Council and staff discussion, Mr. Provencher stated the applicant was supportive
of the approach outlined by the Mayor.
Councilmember Fields stated she would like to add a condition that prohibits designated retail
tenant parking spaces save for exception of "food to go" pick up parking stalls.
The Council further discussed the 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 implement a
Comprehensive Guide Plan Land Use Amendment to change the land use designation from Special
Area /Office Service to Special Area /Mixed Use upon approximately 10 acres generally located south of
Yankee Doodle Road, north of Town Centre Drive and west of Lexington Avenue. Aye: 5 Nay: 0
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Preliminary
Planned Development to establish a mixed use development project upon approximately 10 acres
generally located south of Yankee Doodle Road, north of Town Centre Drive and west of Lexington
Avenue, subject to the following conditions as amended: Aye: 5 Nay: 0
1. A Preliminary Planned Development Agreement shall be executed and recorded against the
property at the Dakota County Recorder's office. The Preliminary PD Agreement shall contain
the following plans. The following plans shall be revised and submitted as Master Development
Plans prior to Final Subdivision and Final Planned Development approval.
• Preliminary Site Plan
• Preliminary Building Elevation Plans
• Preliminary Landscape Plan
• Preliminary Signage Plan
• Preliminary Site Lighting Plan
A Final Planned Development Agreement shall be required for each lot as it develops. The
following plans are required for the Final Planned Development Agreement and shall be
consistent with the approved master plans for the Preliminary Planned Development.
• Final Site Plan
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• Final Building Elevations
• Final Landscape Plan
• Final Signage Plan
• Final Lighting Plan
3. The property shall be platted.
4. The Planned Development shall have a 5 -year term.
5. Cross - easements for ingress /egress and shared parking with Lots 2, 4 and 5 shall be executed in
a form acceptable to the City Attorney.
6. All building address numbers shall be determined by the City at the time of Final Subdivision.
Building identification numbers shall be installed consistent with the City Code Section 2.78.
7. This Planned Development allows for a total building area of up to 28,150 SF of retail
commercial, restaurant and service uses.
8. Uses that are considered conditional uses in CSC zoning districts shall be subject to a Planned
Development Amendment and allowed only if such Amendment is approved by the City.
9. On -sale and off -sale liquor shall be allowed for Lots 1, 4, 5 and 6. All on /off -sale liquor shall be
subject to a separate license and compliance with City Code liquor licensing requirements.
10. For each outdoor dining area, a detailed patio seating plan shall be provided at the time of Final
Planned Development.
11. Outdoor patio dining shall meet City Code requirements of Sec. 11.70, Subd. 29, including, but
not limited to:
a) Outdoor dining areas shall be set back a minimum of 20' from public rights -of -way and
from internal private streets.
b) Outdoor dining areas shall not interfere with any pedestrian traffic or walkways
intended for the general public.
c) The outdoor dining area shall be enclosed by a fence if seating is provided for more than
24 or if alcoholic beverages are served within the outdoor dining area.
12. Parking in the amount of 1 stall for each 12 outdoor seats is required for outdoor dining areas of
more than 24 seats.
13. All sewer availability charges imposed as a result of additional seating in the outdoor dining area
shall be paid prior to the operation of any business within the outdoor dining area.
14. Detailed building elevations shall be provided at the time of Final Planned Development for
each lot and building. All buildings in the development shall utilize the same architectural finish
materials and features, and all building elevations throughout the development shall be
consistent and must be approved at the time of Final Planned Development.
15. The Final Building Elevations provided at the time of Final Planned Development for each
building shall include four sided architecture and meet material finish requirements.
16. The Final Building Elevations provided at the time of Final Planned Development for Lot 1 shall
be revised to meet material requirements on the south elevation.
17. The Final Building Elevations provided at the time of Final Planned Development for each
building shall be revised if necessary to ensure visual relief with sections or variations in planes
and materials every 40 feet as per City Code standards.
18. Mechanical equipment shall be screened per City Code requirements a 30" minimum parapet
height. The elevation plans shall also indicate that equipment is placed 20' from the edge of
buildings as required by City Code, and depicted on final drawings for Building Permit.
19. All trash storage areas shall be attached to the principal buildings or within the principal
building. The trash storage area shall be of a size that can accommodate both trash and
recyclable materials storage, and constructed in accordance with City Code design
requirements.
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20. Height requirements for all new buildings shall meet City Code requirements.
21. Parking stalls shall be no smaller than 9' x 18'.
22. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
23. "Fire Lane /No Parking" signage shall be installed along the curb line within the development as
noted on Emergency Access Plan L1.2 in all shaded areas to ensure they be kept open for
emergency vehicle access.
24. The applicant shall submit a revised Site Plan that identifies all public drainage and utility
easements.
25. The applicant shall submit a proposal /infrastructure plan to be approved by staff to provide
telecommunications fiber to the apartment buildings (FTTH) or conduit to the site to permit
third party providers to install FTTH within the development.
26. The applicant shall provide required recreational space for the apartment buildings, per City
Code requirements utilizing the roof deck, trails along the streets and ponding area to the west
for the 10 -story apartment building. The applicant shall revise the total figure with the Final
Planned Development submittal.
27. The applicant shall provide required storage space for the apartment buildings, per City Code
requirements.
Signage
28. All retail /commercial building signage shall be consistent in design.
29. All apartment complex signage shall be of backlit (halo) design.
30. Building signs within this development shall be limited to the City Code standard of 20% of the
tenant fagade area.
31. Menu board signs shall not exceed 7 feet in height.
32. The exterior elevations for the inline retail buildings shall equally allot the sign bands, provide
adequate spacing between the sign bands and allow up to two total signs for the end units and
one for each interior tenant, as required by City Code.
33. The pylon sign shall not exceed 27 feet in height and shall comply with all other City Sign Code
requirements.
34. The monument signs shall incorporate the overall name of the Center. The monument signs
shall not exceed 7 feet in height and shall comply with all other City Sign Code requirements.
35. The monument sign adjacent to Town Centre Drive shall meet the 10' setback requirement.
36. Sign permits shall be obtained prior to installation for the building, monument and pylon signs.
37. All canopies shall be of metal construction and awnings shall be constructed of Sunbrella, Arlon
or Canvas material and shall exclude tenant identification.
38. To establish and document sign placement, size and design parameters for the development, a
Master Sign Agreement shall be provided, in a form acceptable to the City Attorney, to be
executed and recorded against the property with the Preliminary Planned Development
Agreement.
Landscaping
39. A Final Landscape Plan is required for each lot at the time of Final Planned Development.
40. The Landscape Plan shall separate the shade and ornamental trees located within the plant
schedule and quantities shall be verified.
41. The Landscape Plan key shall be revised to verify plantings meet minimum size requirements
per City Code.
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42. The Landscape Plan shall be revised to enhance foundation plantings, specifically on Lots 5 and
6 near the drive throughs.
43. Overstory trees shall be placed so as not to conflict with pole lighting or utilities such as
hydrants.
44. Overstory trees shall be planted within parking islands wherever possible to maximize shade
coverage of pavement areas.
Lighting
45. A Final Lighting Plan is required for each lot at the time of Final Planned Development.
46. All lighting utilized shall be shielded so the source of light is not visible from off the property and
to prevent glare.
47. All parking lot lighting shall provide a minimum of 0.5 footcandles throughout, with an average
to minimum ratio of not more than 4.
Engineering Considerations
48. 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.
49. The applicant shall obtain temporary construction easements for all off -site work.
50. All retaining walls shall be located outside of drainage and utility easements.
51. The drainage and utility easements shall be removed over the stormwater pond, infiltration
basin, and storm sewer pipes on the east side of Lots 2 and 3, and south side of Lot 4.
52. Private utility easements and /or maintenance agreements for the private utilities shall be
provided in a form acceptable to the City Attorney.
53. The applicant shall provide a private maintenance agreement for the private street, in a form
acceptable to the City Attorney, at time of final subdivision approval.
54. The alignment of the private street with Promenade Avenue to the north shall be approved by
both the City Engineer and County Engineer.
55. A traffic study and Intersection Control Evaluation shall be prepared at the Yankee Doodle Road
intersection in a manner acceptable to both the City Engineer and County Engineer.
56. The applicant shall dedicate right -of -way along Yankee Doodle Road (County 28), in accordance
with Dakota County standards, and easements for future traffic signal loops and equipment and
over any public utilities installed in the development.
57. The applicant shall obtain all necessary permits from Dakota County for any work within the
Yankee Doodle Road right -of -way.
58. This development shall dedicate public drainage & utility easement over all public utilities at a
minimum width of 20 feet.
59. The applicant shall dedicate a public easement of sufficient size for the placement of future
traffic signal loop detectors and equipment.
60. Cross - easements for ingress /egress and shared parking shall be executed in a form acceptable
to the City Attorney.
61. Before receiving a grading permit or final subdivision approval, the applicant shall enter into a
long -term stormwater management system maintenance agreement with the City, detailing the
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maintenance required to maintain proper operation and performance of the permanent
stormwater management system, in a form acceptable to the City Attorney.
62. Before issuing a Certificate of Occupancy, the applicant shall provide the City as -built plans that
demonstrate that all constructed stormwater conveyance structures and management facilities
(ponding, infiltration basin, etc.) conform to design and /or construction plans, as approved by
the City. As -built volumes of retention & detention shall be provided for all stormwater facilities
(pond, infiltration basin, etc.).
63. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
64. "No Parking /Fire lane" shall be installed along the private street within the development to
ensure they be kept open for emergency vehicle access.
Stormwater Management /Water Quality
65. The applicant shall fully meet Eagan's Post Construction Requirements (City Code §4.33) for
stormwater management and surface water quality (i.e. pollutant, rate, and volume control).
66. Prior to receiving a grading permit or final subdivision approval, the applicant shall provide the
City with soil- boring logs (minimum of 2 taken within the location of each proposed filtration or
infiltration feature), extending 15' below the bottom of the proposed excavation / over -
excavation elevation, to evaluate suitability for infiltration. If the soil boring logs indicates
incompatibility of existing sub -soil permeability with the submitted and reviewed design plans
for meeting volume control requirements, the applicant shall revise the design and /or
construction plans to ensure volume control requirements are fully met.
67. The applicant shall provide construction details of proposed infiltration basin for City review
(cross- section, construction / protection / sequencing notes, sizing /volume tables, inlet,
outlet /under -drain details, planting details, etc.), to ensure infiltration basin is properly
designed and constructed, and adequately protected during / after construction, to function as
intended. These details shall be included in applicable plan sheet(s). The infiltration basin shall
be off -line when at design volume, and with a maximum temporary ponding depth of 15. If an
under -drain is used, an easily accessible gate -valve must be installed to be able to regulate
under -drain outflow. The infiltration basin shall planted, with live plants (pots or plugs), rather
than relying on seed alone.
68. The applicant shall provide construction details of proposed stormwater pond for City review
(cross- section, construction / protection / sequencing notes, sizing /volume tables, outlet /under-
drain details, buffer planting details, etc.), to ensure the stormwater pond is properly designed
and constructed according to the MPCA Stormwater Manual, and adequately protected during /
after construction, to function as intended. These details shall be included in applicable plan
sheet(s).
69. During infiltration basin over - excavation and sub -soil work, the applicant shall ensure that a
Certified Soil Scientist is present to verify that infiltration basin sub -soils are suitable for
infiltration, within 48 hours, at the planned saturated soil infiltration rate and basin depth.
70. The applicant shall provide adequately sized pre- treatment (forebays, catch basin 4' sumps,
etc.) at, or immediately upstream of, all water quality/ stormwater pond inlets to provide for
effectively capture and easily - accessible cleanout of fine -sand sized particles. These details shall
be included in applicable plan sheet(s).
71. The applicant shall provide a minimum of 15- foot -wide unobstructed equipment access path
(without obstructions from grading, private utilities, trees, large shrubs, etc.), from street -edge
to all stormwater facilities' inlets /outlets. The unobstructed equipment access path shall be
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capable of supporting typical maintenance / excavation equipment, for periodic maintenance
access to the pond and infiltration basin.
Tree Preservation
72. The applicant shall fulfill tree mitigation requirements through the installation of sixty -eight (68)
Category B equivalent trees.
73. The applicant shall work with City Forestry staff as grading and tree removal occurs. City
Forestry staff will make final decisions concerning tree survivability and adjust tree mitigation
requirements accordingly.
74. The applicant shall protect the preserved individual 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.
75. 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.
Parks and Recreation
76. The development of Lot 3 (90 unit apartment complex) shall be responsible for a cash park
dedication. No dedication is required for the remaining lots as park dedication was previously
satisfied with original development. Lot 3 is responsible for the cash dedication, payable at the
time of building permit at the rates then in effect.
77. Required trail dedication shall be fulfilled through the construction of walks and trails with
public recreational and transportation benefits, as identified on the Site Plan. The construction
of these walks and trails satisfies the trail dedication requirements and no additional cash
payment shall be required.
78. Development of Lot 3 shall be delayed at least 15 months following the opening of the
apartments on Lot 2. No development shall be permitted on Lot 3 until staff is satisfied that
there is sufficient parking for Lot 2. If parking is deficient, additional parking shall be
constructed and cross easements (in a form acceptable to the City Attorney) shall be prepared
for cross parking. Development of Lot 3 shall be limited to accommodate parking for
development of this lot.
79. Lot 3 shall be restricted to use as "proof of parking" to accommodate the parking needs for the
other lots in the subdivision. Development of the lot for apartment use shall be allowed upon
applicant establishing to the sole satisfaction of the City Council that parking on Lot 3 for the
benefit of the other lots is unnecessary or that the proposed development can accommodate all
the necessary parking per City Code.
80. Signage designating parking stalls for specific tenants shall be prohibited save for stall(s) signed
for "food pick up" parking.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Preliminary
Subdivision (CityVue Commons) to create six lots upon approximately 10 acres generally located south
of Yankee Doodle Road, north of Town Centre Drive and west of Lexington Avenue, subject to the
following conditions: Aye: 5 Nay: 0
1. The applicant shall comply with these standards conditions of plat approval as adopted by
Council on February 2, 1993: Al, 131, B2, B3, C1, C2, C4, E1 and F1
2. The property shall be platted.
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3. Cross- easements for ingress /egress and shared parking with Lots 2, 4 and 5 shall be executed in
a form acceptable to the City Attorney.
4. All building address numbers shall be determined by the City at the time of Final Subdivision.
Building identification numbers shall be installed consistent with the City Code Section 2.78.
5. This Planned Development allows for a total building area of up to 28,150 SF of retail
commercial, restaurant and service uses.
6. Uses that are considered conditional uses in CSC zoning districts shall be subject to a Planned
Development Amendment and allowed only if such Amendment is approved by the City.
7. On -sale and off -sale liquor shall be allowed for Lots 1, 4, 5 and 6. All on /off -sale liquor shall be
subject to a separate license and compliance with City Code liquor licensing requirements.
8. For each outdoor dining area, a detailed patio seating plan shall be provided at the time of Final
Planned Development.
9. Outdoor patio dining shall meet City Code requirements of Sec. 11.70, Subd. 29, including, but
not limited to:
a. Outdoor dining areas shall be set back a minimum of 20' from public rights -of -way and
from internal private streets.
b. Outdoor dining areas shall not interfere with any pedestrian traffic or walkways
intended for the general public.
c. The outdoor dining area shall be enclosed by a fence if seating is provided for more than
24 or if alcoholic beverages are served within the outdoor dining area.
10. Parking in the amount of 1 stall for each 12 outdoor seats is required for outdoor dining areas of
more than 24 seats.
11. All sewer availability charges imposed as a result of additional seating in the outdoor dining area
shall be paid prior to the operation of any business within the outdoor dining area.
12. Detailed building elevations shall be provided at the time of Final Planned Development for
each lot and building. All buildings in the development shall utilize the same architectural finish
materials and features, and all building elevations throughout the development shall be
consistent and must be approved at the time of Final Planned Development.
13. The Final Building Elevations provided at the time of Final Planned Development for each
building shall include four sided architecture and meet material finish requirements.
14. The Final Building Elevations provided at the time of Final Planned Development for Lot 1 shall
be revised to meet material requirements on the south elevation.
15. The Final Building Elevations provided at the time of Final Planned Development for each
building shall be revised if necessary to ensure visual relief with sections or variations in planes
and materials every 40 feet as per City Code standards.
16. Mechanical equipment shall be screened per City Code requirements a 30" minimum parapet
height. The elevation plans shall also indicate that equipment is placed 20' from the edge of
buildings as required by City Code, and depicted on final drawings for Building Permit,
17. All trash storage areas shall be attached to the principal buildings or within the principal
building. The trash storage area shall be of a size that can accommodate both trash and
recyclable materials storage, and constructed in accordance with City Code design
requirements.
18. Height requirements for all new buildings shall meet City Code requirements.
19. Parking stalls shall be no smaller than 9' x 18'.
20. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
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21. "Fire Lane /No Parking" signage shall be installed along the curb line within the development as
noted on Emergency Access Plan L1.2 in all shaded areas to ensure they be kept open for
emergency vehicle access.
22. The applicant shall submit a revised Site Plan that identifies all public drainage and utility
easements.
23. The applicant shall submit a proposal /infrastructure plan to be approved by staff to provide
telecommunications fiber to the apartment buildings (FTTH) or conduit to the site to permit
third party providers to install FTTH within the development.
24. The applicant shall provide required recreational space for the apartment buildings, per City
Code requirements utilizing the roof deck, trails along the streets and ponding area to the west
for the 10 -story apartment building. The applicant shall revise the total figure with the Final
Planned Development submittal.
25. The applicant shall provide required storage space for the apartment buildings, per City Code
requirements.
Signage
26. All retail /commercial building signage shall be consistent in design.
27. All apartment complex signage shall be of backlit (halo) design.
28. Building signs within this development shall be limited to the City Code standard of 20% of the
tenant fagade area.
29. Menu board signs shall not exceed 7 feet in height.
30. The exterior elevations for the inline retail buildings shall equally allot the sign bands, provide
adequate spacing between the sign bands and allow up to two total signs for the end units and
one for each interior tenant, as required by City Code.
31. The pylon sign shall not exceed 27 feet in height and shall comply with all other City Sign Code
requirements.
32. The monument signs shall incorporate the overall name of the Center. The monument signs
shall not exceed 7 feet in height and shall comply with all other City Sign Code requirements.
33. The monument sign adjacent to Town Centre Drive shall meet the 10' setback requirement.
34. Sign permits shall be obtained prior to installation for the building, monument and pylon signs.
35. All canopies shall be of metal construction and awnings shall be constructed of Sunbrella, Arlon
or Canvas material and shall exclude tenant identification.
36. To establish and document sign placement, size and design parameters for the development, a
Master Sign Agreement shall be provided, in a form acceptable to the City Attorney, to be
executed and recorded against the property with the Preliminary Planned Development
Agreement.
Landscaping
37. A Final Landscape Plan is required for each lot at the time of Final Planned Development.
38. The Landscape Plan shall separate the shade and ornamental trees located within the plant
schedule and quantities shall be verified.
39. The Landscape Plan key shall be revised to verify plantings meet minimum size requirements
per City Code.
40. The Landscape Plan shall be revised to enhance foundation plantings, specifically on Lots 5 and
6 near the drive throughs.
41. Overstory trees shall be placed so as not to conflict with pole lighting or utilities such as
hydrants.
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42. Overstory trees shall be planted within parking islands wherever possible to maximize shade
coverage of pavement areas.
Lighting
43. A Final Lighting Plan is required for each lot at the time of Final Planned Development.
44. All lighting utilized shall be shielded so the source of light is not visible from off the property and
to prevent glare.
45. All parking lot lighting shall provide a minimum of 0.5 footcandles throughout, with an average
to minimum ratio of not more than 4.
Engineering Considerations
46. 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.
47. The applicant shall obtain temporary construction easements for all off -site work.
48. All retaining walls shall be located outside of drainage and utility easements.
49. The drainage and utility easements shall be removed over the stormwater pond, infiltration
basin, and storm sewer pipes on the east side of Lots 2 and 3, and south side of Lot 4.
50. Private utility easements and /or maintenance agreements for the private utilities shall be
provided in a form acceptable to the City Attorney.
51. The applicant shall provide a private maintenance agreement for the private street, in a form
acceptable to the City Attorney, at time of final subdivision approval.
52. The alignment of the private street with Promenade Avenue to the north shall be approved by
both the City Engineer and County Engineer.
53. A traffic study and Intersection Control Evaluation shall be prepared at the Yankee Doodle Road
intersection in a manner acceptable to both the City Engineer and County Engineer.
54. The applicant shall dedicate right -of -way along Yankee Doodle Road (County 28), in accordance
with Dakota County standards, and easements for future traffic signal loops and equipment and
over any public utilities installed in the development.
55. The applicant shall obtain all necessary permits from Dakota County for any work within the
Yankee Doodle Road right -of -way.
56. This development shall dedicate public drainage & utility easement over all public utilities at a
minimum width of 20 feet.
57. The applicant shall dedicate a public easement of sufficient size for the placement of future
traffic signal loop detectors and equipment.
58. Cross - easements for ingress /egress and shared parking shall be executed in a form acceptable
to the City Attorney.
59. Before receiving a grading permit or final subdivision approval, the applicant shall enter into a
long -term stormwater management system maintenance agreement with the City, detailing the
maintenance required to maintain proper operation and performance of the permanent
stormwater management system, in a form acceptable to the City Attorney.
60. Before issuing a Certificate of Occupancy, the applicant shall provide the City as -built plans that
demonstrate that all constructed stormwater conveyance structures and management facilities
(ponding, infiltration basin, etc.) conform to design and /or construction plans, as approved by
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the City. As -built volumes of retention & detention shall be provided for all stormwater facilities
(pond, infiltration basin, etc.).
61. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
62. "No Parking /Fire lane" shall be installed along the private street within the development to
ensure they be kept open for emergency vehicle access.
Stormwater Management /Water Quality
63. The applicant shall fully meet Eagan's Post Construction Requirements (City Code §4.33) for
stormwater management and surface water quality (i.e. pollutant, rate, and volume control).
64. Prior to receiving a grading permit or final subdivision approval, the applicant shall provide the
City with soil- boring logs (minimum of 2 taken within the location of each proposed filtration or
infiltration feature), extending 15' below the bottom of the proposed excavation / over -
excavation elevation, to evaluate suitability for infiltration. If the soil boring logs indicates
incompatibility of existing sub -soil permeability with the submitted and reviewed design plans
for meeting volume control requirements, the applicant shall revise the design and /or
construction plans to ensure volume control requirements are fully met.
65. The applicant shall provide construction details of proposed infiltration basin for City review
(cross- section, construction / protection / sequencing notes, sizing /volume tables, inlet,
outlet /under -drain details, planting details, etc.), to ensure infiltration basin is properly
designed and constructed, and adequately protected during / after construction, to function as
intended. These details shall be included in applicable plan sheet(s). The infiltration basin shall
be off -line when at design volume, and with a maximum temporary ponding depth of 1.5'. If an
under -drain is used, an easily accessible gate -valve must be installed to be able to regulate
under -drain outflow. The infiltration basin shall planted, with live plants (pots or plugs), rather
than relying on seed alone.
66. The applicant shall provide construction details of proposed stormwater pond for City review
(cross- section, construction / protection / sequencing notes, sizing /volume tables, outlet /under-
drain details, buffer planting details, etc.), to ensure the stormwater pond is properly designed
and constructed according to the MPCA Stormwater Manual, and adequately protected during /
after construction, to function as intended. These details shall be included in applicable plan
sheet(s).
67. During infiltration basin over - excavation and sub -soil work, the applicant shall ensure that a
Certified Soil Scientist is present to verify that infiltration basin sub -soils are suitable for
infiltration, within 48 hours, at the planned saturated soil infiltration rate and basin depth.
68. The applicant shall provide adequately sized pre- treatment (fore bays, catch basin 4' sumps,
etc.) at, or immediately upstream of, all water quality / stormwater pond inlets to provide for
effectively capture and easily - accessible cleanout of fine -sand sized particles. These details shall
be included in applicable plan sheet(s).
69. The applicant shall provide a minimum of 15- foot -wide unobstructed equipment access path
(without obstructions from grading, private utilities, trees, large shrubs, etc.), from street -edge
to all stormwater facilities' inlets /outlets. The unobstructed equipment access path shall be
capable of supporting typical maintenance / excavation equipment, for periodic maintenance
access to the pond and infiltration basin.
Tree Preservation
70. The applicant shall fulfill tree mitigation requirements through the installation of sixty -eight (68)
Category B equivalent trees.
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71. The applicant shall work with City Forestry staff as grading and tree removal occurs. City
Forestry staff will make final decisions concerning tree survivability and adjust tree mitigation
requirements accordingly.
72. The applicant shall protect the preserved individual 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.
73. 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.
Parks and Recreation
74. The development of Lot 3 (90 unit apartment complex) shall be responsible for a cash park
dedication. No dedication is required for the remaining lots as park dedication was previously
satisfied with original development. Lot 3 is responsible for the cash dedication, payable at the
time of building permit at the rates then in effect.
75. Required trail dedication shall be fulfilled through the construction of walks and trails with
public recreational and transportation benefits, as identified on the Site Plan. The construction
of these walks and trails satisfies the trail dedication requirements and no additional cash
payment shall be required.
76. Development of Lot 3 shall be delayed at least 15 months following the opening of the
apartments on Lot 2. No development shall be permitted on Lot 3 until staff is satisfied that
there is sufficient parking for Lot 2. If parking is deficient, additional parking shall be
constructed and cross easements (in a form acceptable to the City Attorney) shall be prepared
for cross parking. Development of Lot 3 shall be limited to accommodate parking for
development of this lot.
OLD BUSINESS
ORDINANCE AMENDMENT — AN ORDINANCE AMENDMENT TO CITY CODE CHAPTER
10.43 RELATIVE TO FALSE ALARM REGULATIONS
City Administrator Osberg noted on May 20, 2014 the Council directed preparation of an ordinance
amendment relative to false alarm regulations. Per the recommendation of the City Attorney, the
proposed ordinance amendment updates existing Code language to reflect advances in alarm system
technology. Osberg noted the proposed ordinance amendment exempts new alarm systems from the
false alarm fee during their first 30 days of operation. Osberg noted the proposed ordinance
amendment does not change the current $100 false alarm fee.
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 the motion to approve an ordinance
amendment to City Code Chapter 10.43 relative to false alarm regulations and direct the City Attorney
to publish the ordinance amendment summary. Aye: 5 Nay: 0
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NEW BUSINESS
There are no new business items to be heard.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative /intergovernmental affairs update to be heard.
ADMINISTRATIVE AGENDA
CITY COUNCIL
Mayor Maguire noted on Sunday, June 22 from 6:45 — 8:45 p.m. is Military Appreciation Night at
Cascade Bay.
DIRECTOR OF COMMUNITY DEVELOPMENT
Director of Community Development Hohenstein observed as of Thursday it will be 8 weeks leading up
to the grand opening of the Twin Cities Premium Outlets.
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
7:25 p.m. Aye: 5 Nay: 0
Date
A r /fn ^
0
Mayor
City Clerk