08/19/2014 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
AUGUST 19, 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 and Hansen. Councilmember Tilley arrived at 6:25 p.m.
Councilmember Fields was absent.
A regular meeting of the Eagan City Council was held on Tuesday, August 19, 2014 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Hansen and Tilley.
Councilmember Fields was absent. Also present were City Administrator Osberg, Assistant City
Administrator Miller, Director of Communications Garrison, Assistant Finance Director Feldman, Director
of Community Development Hohenstein, City Planner Ridley, City Engineer Gorder, Director of Parks &
Recreation Johnson, Assistant Parks & Recreation Director Flewellen, Police Chief McDonald, Fire Chief
Scott, and Executive Assistant Stevenson.
AGENDA
City Administrator Osberg noted in yesterday's Additional Information the clarification on Consent
Agenda Item G. Osberg noted the addition under Recognitions and Presentations of Item B. Recognition
of Successful Outlet Mall Opening and City Efforts.
Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the agenda as
amended. Aye:4 Nay :0
RECOGNITIONS AND PRESENTATION
Director of Parks & Recreation Johnson recognized Steve Hadden for his 28 years working for the City of
Eagan as a Parks Maintenance Worker.
City Administrator Osberg acknowledged the Twin Cities Premium Outlet mall opening on Thursday,
August 14th and recognized all the hard work from a variety of sources including City staff.
Mayor Maguire acknowledged the successful mall opening and congratulated City staff for all of their
hard work with the development. The Council viewed the opening day time lapse video that was
developed by E -TV staff.
CONSENT AGENDA
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent
Agenda as amended: Aye: 4 Nay: 0
Councilmember Hansen pulled Items I. & 0. for further comment.
A. It was recommended to approve the minutes of August 4, 2014 regular City Council
meeting.
B. Personnel Items
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1. It was recommended to approve Telework Agreement between the City of Eagan and
Gina Dwyer.
2. It was recommended to approve the hiring of seasonal /temporary employees in Parks &
Recreation and Utilities.
C. It was recommended to approve the check registers dated August 1 and August 8, 2014.
D. It was recommended to approve a resolution approving the special law enacted in the 2014
Legislative regarding Tax Increment Financing in regard to the Cedar Grove Redevelopment
TIF District.
E. It was recommended to request a Limited Use Permit from the Minnesota Department of
Transportation (MnDOT) for the existing bituminous trail along Truck Highway (TH) 13, from
Silver Bell Road to Blackhawk Road, and authorize the Mayor and City Clerk to execute all
related documents.
F. It was recommended to receive the bids and award Contract 14 -17 (Citywide Traffic Signal
Painting) to OLS Restoration, Inc., for the Base Bid in the amount of $16,730.00, and
authorize the Mayor and City Clerk to execute all related documents.
G. It was recommended to approve the prohibition of parking on the east side of Alder Lane
(Silver Bell Road to the south) and authorize the Mayor and City Clerk to execute all related
documents.
H. It was recommended to approve Change Order No. 1 to Contract 14 -04 (TH 55/149 Safety
and Capacity Improvements) and authorize the Mayor and City Clerk to execute all related
documents.
I. It was recommended to authorize the Submittal of Comments in Support of Metro Transit
Application for Counties Transit Improvement Board (CTIB) Funding for Cedar Grove Transit
Station improvements.
J. It was recommended to authorize staff to negotiate a contingent lease agreement for
temporary use of the former Fire Administration Building at 3795 Pilot Knob Road.
K. It was recommended to adopt a resolution approving an Exempt Permit for the Northern
Star Council Boy Scouts of America to conduct a raffle on September 4, 2014 at the West
End Fishing and Hunting Club, 4899 Brooklyn Lane.
L. It was recommended to approve the general insurance renewal, with $50,000 deductible
per occurrence and $150,000 aggregate deductible, for the period July 1, 2014 to July 1,
2015.
M. It was recommended to approve a resolution to accept a donation of $363.75 in cash from
Honeywell for the purpose of purchasing a portable sound system for use at Parks &
Recreation community events and to authorize the necessary budget adjustment and direct
the Mayor and City Clerk to sign the appropriate documents.
N. It was recommended to approve the plans and specifications for Contract 14 -0806 (Cascade
Bay pump house improvements) and authorize the advertisement for a bid opening to be
held at 10:30 a.m. on Thursday, August 28, 2014.
0. It was recommended to approve a resolution to approve and execute the Third Amended
and Restated Joint Powers Agreement (JPA) and ratify the Agreement to consolidate Public
Transit Services.
P. It was recommended to authorize staff to prepare and submit comments to the Federal
Communications Commission (FCC) regarding Comcast's proposed merger with Time
Warner Cable and the spinning off of the Minnesota market to a new company known as
Midwest Cable operated by Charter Communications.
Q. It was recommended to direct the preparation of City Code Amendments to permit and
license indoor gun ranges.
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PUBLIC HEARINGS
There were no public hearings to be heard.
OLD BUSINESS
PLANNED DEVELOPMENT AMENDMENT and PRELIMINARY SUBDIVISION
(EAGAN PROMENADE 4T" ADDITION) — CHICK -FIL -A
City Administrator Osberg noted the Council is being asked to approve a planned development
amendment to allow the subdivision and addition of a building and restaurant use with drive - through
service within the Eagan Promenade located at 3380 Denmark Ave, and a preliminary subdivision to
create two lots upon 2.63 acres.
City Planner Ridley gave a staff report providing details on the proposed revised plans. Ridley noted an
email was received late afternoon from HR Development, opposing the development.
Joe Vavrina, HR Green, representing Chick- fil -A, addressed Condition #10 regarding the trash enclosure
noting it will be moved to meet the setback requirement and that landscaping would be added on the
north side of the enclosure. Mr. Vavrina addressed the concerns raised in the letter submitted by HR
Development, owner of the building with Qdoba, Cherry Berry, and Potbelly. He discussed the amount
and demand for parking stalls, and provided details on the modifications of the curbing on the east and
west entrances to allow unobstructed access to the site and surrounding properties for semi - trucks and
public safety vehicles.
The Council discussed the cross easement agreements for ingress /egress and shared parking and
the need for additional language to Condition #9.
Mayor Maguire opened the public comment. The owner /operator of Houlihan's, addressed the Council
and stated her opposition to the proposal due to the location of the building, the unusual subdivision,
the potential for overflow parking using Houlihan's parking lot, traffic generation and tree removal.
Roger Skare, representing Tom Giguere, Dairy Queen owner, stated his opposition to the proposal based
on the addition of a drive - through, the proposed lot configuration, the trash enclosure being located
off -site, parking shortages, the proposed signage and volume of traffic that will be generated. City Staff
responded to the questions. There being no further public comment, Mayor Maguire turned the
discussion back to the Council.
The Council discussed the proposed amendment and subdivision.
Councilmember Bakken stated he could not support the planned development amendment, but if
approved could support the preliminary subdivision.
Councilmember Hansen moved, Councilmember Tilley seconded the motion to approve a Planned
Development Amendment to allow the subdivision and addition of a building and a restaurant use with
drive - through service within the Eagan Promenade Planned Development located at 3380 Denmark Ave,
subject to the following conditions as amended: Aye: 3 Nay: 1(Councilmember Bakken opposed)
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A Planned Development Amendment Agreement shall be executed and recorded at the time
of Final Subdivision. The following exhibits are required for the Agreement:
a. Site Plan
b. Landscape Plan
c. Building Elevations
d. Signage Plan
e. Site Lighting Plan
2. The outdoor dining patio shall provide outdoor seating of not more than 16 seats as shown
on the Site Plan.
3. The operation of the outdoor dining area shall be subject to compliance with the standards
in the City Code.
4. A detail of the patio railing shall be provided for the Planned Development Amendment
Agreement.
5. The flagpole shall not be used to display any business signs or logos.
6. Parking stalls and drive aisles shall be constructed consistent with the approved Site Plan.
7. All landscaped areas shall be served with automatic irrigation.
8. Tree species shall be revised on the Final Landscape Plan to substitute a species that is
better suited to the growing conditions of a developed site, such as Bicolor Oak, in place of
the proposed Bur Oak and Planetree species.
9. The parking lot light fixtures shall match the existing parking lot lighting. Lighting in the trash
storage area and the flood light mounted on the building shall be shielded and downcast
with the source of light not visible.
10. The trash enclosure shall not be located within any drainage and utility easement area and
shall be redesigned to avoid such easements.
11. The trash enclosure is 35' long and shall be landscaped on all sides, save the access side, to
soften the appearance.
12. The trash enclosure shall be constructed with an exterior brick finish to match the principal
building. The service door to the storage area of the trash enclosure shall be painted to
match the brick exterior of the enclosure.
13. Screening of mechanical equipment shall be provided in accordance with City Code
requirements.
14. The monument sign shall be revised to meet City Code standards.
15. Detail and dimensions of the menu boards shall be provided for the PD Amendment
Agreement.
16. Signage shall be restricted to only two sides of the building.
17. The monument shall be in its current location on Denmark Avenue.
18. The developer shall provide all existing access and parking easements for the Promenade
shopping center and the private maintenance agreements and cross - easements for
ingress /egress and shared parking, for review and approval of the City Attorney, prior to the
planned development approval.
19. Applicant shall make the improvements to Promenade Place shown on the site plan dated
July 29, 2014.
Councilmember Hansen moved, Councilmember Tilley seconded the motion to approve a Preliminary
Subdivision to create two lots upon 2.63 acres located at 3380 Denmark Avenue, subject to the
following conditions as amended: Aye: 4 Nay: 0
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1. The developer shall comply with these standards, conditions of plat approval as adopted by
Council on February 2, 1993: 61, B2, C1, C2, C4, D1, E1, and G1.
2. The property shall be platted.
3. 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.
4. The developer shall provide private maintenance agreements, in a form acceptable to the
City Attorney, with Lots 1 and 2, Block 2, Eagan Promenade, for the installation and
maintenance of the utility service and restoration of the parking lot, at a time of final
subdivision approval.
5. The developer shall relocate the existing water main (the proposed revised plan with staff
approval) in a manner acceptable to the City Engineer on property lines of Lot 1, Block 2,
Eagan Promenade (TCF parcel).
6. The developer shall provide a 20' drainage and utility easement centered over all public
water main being relocated.
7. The developer shall maintain public water service to all surrounding properties during the
relocation of the main.
8. This developer shall provide hydrant spacing and locations in accordance with City fire
Department and Public Works standards.
9. The developer shall provide all existing access and parking easements for the Promenade
shopping center and the private maintenance agreements and cross - easements for
ingress /egress and shared parking, for review and approval of the City Attorney, prior to the
final subdivision approval.
10. The developer shall construct all modifications necessary to medians, curbs, and parking lots
to allow unobstructed access to the site and surrounding properties for semi - trucks and
public safety vehicles as determined by the City Engineer.
11. Parking stalls and drive aisles shall be constructed consistent with the approved Site Plan.
12. Applicant shall make the improvements to Promenade Place shown on the site plan dated
July 29, 2014.
The Council took a 10 minute break.
MODIFICATION TO CITYVUE COMMONS CONDITIONS OF APPROVAL -
INTERSTATE PARTNERS
City Administrator Osberg noted the action before the Council is a modification to clarify an action the
Council took at its July 17, 2014 meeting as it relates to Condition #79 — proof of possible parking. City
Planner Ridley gave a staff report noting Condition #79 — possible proof of parking for Lot 3 relates only
to Lot 2, the 10 -story apartment building, and not the entire development.
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Lonnie Provencher, Interstate Partners, was present and available for questions.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve a modification
to the Conditions of Approval for the CityVue Commons Preliminary Planned Development which
consists of 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. Aye: 4 Nay: 0
NEW BUSINESS
REZONING, PLANNED DEVELOPMENT AMENDMENT, FINAL PLANNED DEVELOPMENT
AND FINAL PLAT (DAKOTA RIDGE 2ND ADDITION) — DAKOTA RIDGE II
City Administrator Osberg noted there are three actions before the Council, a rezoning from Limited
Business to Planned Development for three unplatted parcels comprising 0.59 acres located at 3434
Washington Drive, a planned development amendment for the existing platted parcel for
redevelopment of the property from a restaurant to a four -story hotel, and a final plat to consolidate
the four existing parcels into a single platted lot. Osberg noted if the Council does approve the planned
development amendment that will simultaneously constitute approval of a final planned development.
City Planner Ridley gave a staff report noting the Advisory Planning Commission (APC) recommended
approval of the hotel use and the proposed manufactured stone as a Class I building material. The
applicant has removed the pylon sign from the proposal and is proposing building signage on two sides
of the building. The applicant is also requesting a portion of the building signage to project one foot
above the building parapet to comply with the franchise design standard. If the Council approves the
request, a change to Condition #10 is needed. Ridley noted allowing the building elevations and exterior
finish materials as proposed; Condition #6 requires finish materials to be consistent with City Code
standards. As shown the Class I materials ratio, including the proposed manufactured stone, is 62.7% as
compared to the City Code standard of 65 %.
Mike Berkopec, the applicant, provided additional information regarding the request and was 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 request. It was the consensus of the Council to allow the signage to project 1'
above the parapet. It was the consensus of the Council to allow the manufactured stone as Class I
material, if in staff's discretion, it meets a similar standard of aesthetics and durability of a Class I
building material. The Council agreed that the Class I materials ratio, including the proposed
manufactured stone would need to be at City Code Standard of 65 %. Mr. Berkopec noted with the
manufactured stone classified as Class I materials they could meet the City Code standard of 65 %.
Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve a rezoning from
LB to PD for three unplatted parcels comprising 0.59 acres located at 3434 Washington Drive. Aye: 4
Nay: 0
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Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a planned
development amendment for the existing platted parcel for redevelopment of the property from a
restaurant to a four -story hotel upon property located at 3434 Washington Drive, subject to the
following conditions as amended: Aye: 4 Nay: 0
A Final Planned Development Agreement shall be executed prior to issuance of a building
permit. The following plans are necessary for the Final Planned Development Agreement:
a. Final Site Plan
b. Final Building Elevations
c. Final Site Lighting Plan
d. Final Landscaping Plan
e. Final Signage Plan
2. The property shall be platted.
3. Prior to issuance of a building permit, the developer shall enter into a development
agreement, in a form acceptable to the City Attorney.
4. The applicant is responsible for obtaining permission from the adjacent owner to install the
off -site landscaping.
5. The Landscape Plan shall be revised for the Planned Development Agreement to show all
plant materials meeting minimum size standards in the City Code.
6. Exterior building materials shall be consistent with City Code standards and include the
proposed manufactured stone product as a Class I material, as approved by the City
Council.
7. A Tree Mitigation Plan separate from the Landscape Plan shall be provided. A combined
Overall Planting Plan can show both mitigation and landscape plantings.
8. All site lighting shall be shielded and downcast such that the source of light is not visible
from off the property, and to avoid glare onto adjacent property and public rights -of -way.
9. One free - standing sign shall be allowed. It shall include a brick base, which shall be shown
on the Final Sign Plans to be incorporated into the Final PD Agreement.
10. Building signage shall comply with City Code standards, save for signage will be allowed to
project V above the parapet.
11. 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.
12. This development shall be responsible for the acquisition of all regulatory agency permits
required by the affected agency prior to the issuance of a building permit.
13. 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.
14. A detailed land disturbance and erosion control plan shall be prepared in accordance with
current City land disturbance and erosion control regulations prior to final plat approval.
15. 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
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certification through the University of Minnesota, or approved equal training as determined
by the City Engineer.
16. This development shall comply with the City's Post Construction Requirements (City Code
4.33) for stormwater management and surface water quality.
17. Prior to receiving a grading or building permit, the applicant shall provide the City with soil -
boring logs taken within the location of proposed filtration /infiltration features, extending 6'
below the bottom of the proposed over - excavation elevation, to evaluate suitability for
infiltration.
18. Prior to receiving a grading or building permit, the applicant shall provide construction
details of proposed infiltration basin for City review (cross- section, notes for
construction /construction protection /construction sequencing, sizing /volume tables, inlet
details, outlet /under- drain /gate -valve 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 application plan
sheet(s). The infiltration basins shall have a maximum temporary ponding depth of 1', and
side - slopes no steeper than 3h:1v. If an under -drain is used, an easily accessible gate -valve
must be installed to be able to regulate under -drain outflow.
19. Prior to receiving a grading or building permit, the property owner 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.
20. The utility plans shall include a sanitary sewer service of a consistent size between the
building and the main, and relocate the water service connection off of the existing fire
hydrant stub, or in a manner acceptable to the City Engineer.
21. The developer shall be responsible to restore the sidewalk, street, curb and gutter, and
boulevard in a manner acceptable to the City Engineer.
22. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
23. The developer shall provide private cross - easements for ingress /egress and shared parking,
in a form acceptable to the City Attorney, at time of building permit.
24. This development shall dedicate 10 -foot drainage and utility easements centered over all lot
lines, and 10 -food drainage and utility easements adjacent to all public right -of -ways.
25. A sidewalk easement of sufficient size, and covering the existing sidewalk on Washington
Drive, shall be provided in a form acceptable to the City Attorney.
26. 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 or building permit.
27. The applicant shall fulfill tree mitigation requirements through the installation of fourteen
(14) Category B equivalent trees. A Tree Mitigation Plan separate from the Landscape
Planting Plan shall be provided for incorporation into the Planned Development Agreement.
28. This development shall provide a cash park dedication for the increased intensity of the
redevelopment, payable at the time of building permit issuance at the rates then in effect.
29. This development shall provide trail dedication in the form of a public trail easement over
the sidewalk along Washington Drive.
Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve a final plat
(Dakota Ridge 2nd Addition) to consolidate the four existing parcels into a single platted lot.
Aye:4 Nay:O
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LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative /intergovernmental affairs update to be heard.
ADMINISTRATIVE AGENDA
CITY COUNCIL
Mayor Maguire congratulated and thanked staff again for their hard work on the mall opening and
welcomed Simon Premium Outlets to Eagan.
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
9:18 p.m. Aye: 4 Nay: 0
Date
Mayor
City Clerk or