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02/03/2015 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota FEBRUARY 3, 2015 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire and Councilmembers Bakken, Hansen and Tilley. Councilmember Fields was not present. A resident of Eagan address the City Council with his concerns regarding development of The Gates of Eagan apartments. At 6:25 p.m. a closed session was called to discuss labor negotiations. A regular meeting of the Eagan City Council was held on Tuesday, February 3, 2015 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Hansen and Tilley. Councilmember Fields was not present at the start of the meeting. Also present were City Administrator Osberg, Assistant City Administrator Miller, Director of Finance Pepper, Director of Communications Garrison, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Assistant City Engineer Nelson, Director of Parks & Recreation Johnson, Police Chief McDonald, Fire Chief Scott, and Executive Assistant Stevenson. AGENDA City Administrator Osberg noted an addition to the Consent Agenda of Item P. — Approve Exempt Permit for the Church of Our Lady of Peace to hold a raffle on February 7, 2015 at Lost Spur Golf and Event Center. Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the agenda as amended. Aye:4 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentations to be heard. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent Agenda as amended: Aye: 4 Nay: 0 A. It was recommended to approve the minutes of January 13 and January 27, 2015 special City Council meeting, and January 20, 2015 regular City Council meeting. B. Personnel Items 1. It was recommended to accept the resignation of Judy Dretzke, Patrol Officer, and authorize hiring her replacement. 2. It was recommended to accept the resignation of Susan Peterson, PT Clerical Technician IV- Police Records, and authorize hiring her replacement. 3. It was recommended to accept the promotion of Brian Thom, Chief Mechanic /Shop Supervisor, and authorize hiring his replacement. City Council Meeting Minutes February 3, 2015 2 page 4. It was recommended to approve an adjustment to the 2015 compensation of the City Administrator by reducing his car allowance by an additional $794 for the year and offsetting the reduction, and the tax impact of all adjustments on his compensation, by allocating 24.78 hours of vacation to comply with the State's salary camp requirements. 5. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation. C. It was recommended to approve the check registers dated January 16 and 23, 2015, D. It was recommended to schedule a public hearing for March 3, 2015 to consider final assessment of the delinquent nuisance abatement bills and certify them to Dakota County for collection with property taxes. E. It was recommended to schedule a public hearing for March 3, 2015 to consider final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. F. It was recommended to adopt a resolution approving an Exempt Permit for the Eagan High School Drumline Booster Club to conduct a raffle on March 21, 2015 at Eagan High School, 4185 Braddock Trail. G. It was recommended to adopt a resolution approving an Exempt Permit for the Pinewood PTO to conduct a raffle on April 17, 2015 at Pinewood Community School, 4300 Dodd Road. H. It was recommended to adopt a resolution approving a Premise Permit for the Eagan Hockey Association to conduct lawful gambling at Lone Oak Grill, 3010 Eagandale Place, I. It was directed that staff work with the City Attorney on the preparation of an Ordinance Amendment to Chapter 11 regarding bee keeping. J. It was recommended to authorize submittal of the City's FY 2015 Community Development Block Grant (CDBG) Application and adopt a resolution approving the funding application request. K. It was recommended to approve Change Order No. 6 to Contract 14 -04 (TH 55/149 Safety and Capacity Improvements) and authorize the Mayor and City Clerk to execute all related documents. L. It was recommended to approve the plans and specifications for Contract 15 -06 (2015 City Wells 6, 13, 16 Rehabilitation) and authorize the advertisement for a bid opening to be held at 11:30 a.m. on Thursday, February 26, 2015 at the Utility Building located at 3419 Coachman Point, Eagan, MN 55122. M. It was recommended to approve the plans and specifications for Contract 15 -07 (2015 City- wide Sanitary Sewer Improvements — Project 1182) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, February 26, 2015, at the Utility Building located at 3419 Coachman Point, Eagan, MN 55122. N. It was recommended to award Contract 15 -05 base and alternate bides to MP Nexlevel LLC, Inc. to move existing AccessEagan facilities to Data Bank Data center. O. It was recommended to approve a resolution extending the term of the Contract franchise to March 31, 2016. P. It was recommended to adopt a resolution approving an Exempt Permit for the Church of Our Lake of Peace to conduct a raffle on February 7, 2015 at Lost Spur Golf and Event Center, 2750 Sibley Memorial Highway. City Council Meeting Minutes February 3, 2015 3 page PUBLIC HEARINGS Project 1175 — Northwood Parkway & Promenade Avenue Street Improvements City Administrator Osberg introduced the item noting due to a printing error in the Public Notice, the Council directed staff at the January 6, 2015 Public Hearing to re- advertise the Public Hearing and continue the Hearing to the February 3, 2015 City Council meeting. Director of Public Works Matthys introduced the item noting as part of Eagan's Pavement Management Program, the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. Assistant City Engineer Nelson gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve Project 1175 (Northwood Parkway and Promenade Avenue — Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0 OLD BUSINESS Resolution Consenting to the Transfer of the Cable Franchise from Comcast of Minnesota, Inc. to Comcast of Minnesota, LLC., to a Wholly -Owned Subsidiary of Greatland Connections Inc. City Administrator Osberg introduced the item noting with Communications Director Garrison's help and Brian Grogan the City's Cable Franchise Attorney, who assisted the City on cable items, have kept the Council updated on the Cable Franchise on the past year. Brian Grogan, Cable Franchise Attorney, gave a presentation regarding the facts surrounding the proposed transfer resolution and was available for questions. Councilmember Fields arrived at 6:50 p.m. Mike Logan, Director of Government Affairs with Comcast, 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 resolution. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a resolution consenting to the transfer of the cable franchise from Comcast of Minnesota, Inc. to Comcast of Minnesota, LLC, to a wholly -owned subsidiary of Greatland Connections Inc. Aye: 5 Nay: 0 City Council Meeting Minutes February 3, 2015 4 page Project 1174 — Yankee Doodle Road / Promenade Avenue / O'Leary Lane Intersection Improvements City Administrator Osberg introduced the item noting at the December 16, 2014 Council meeting after presentation of the project by the City's consulting engineer, SEH Inc., and Dakota County Transportation staff, the City Council opened the Public Hearing. After testimony by several area property owners and business managers affected by the median closure at O'Leary Lane, the Council requested Dakota County Transportation Department staff to analyze the impacts of a % intersection design at O'Leary Lane and bring this analysis back to the January 20th Council meeting. Osberg noted at the January 20, 2015 City Council meeting, Council further continued the Public Hearing to the February 3rd meeting to allow County Transportation Department staff to be in attendance. Director of Public Works Matthys gave a staff report noting subsequent to the January 12th meeting, Dakota County Transportation staff provided a memo stating the close proximity of the Promenade Avenue and O'Leary Lane intersections does not allow for a proper left turn to accommodate westbound traffic at the new signal and a westbound left turn lane at O'Leary Lane. While conversion to a right -in /right -out intersection at Yankee Doodle Road and O'Leary Lane will affect traffic patterns for traffic entering the O'Leary Lane area from the east, there are several alternative routes available to safely and efficiently accommodate these trips. Matthys noted as part of the improvements the County is supportive of a right turn lane eastbound added at the intersection at O'Leary Lane, The Council discussed the intersection improvements. Kristi Sebastian, Traffic Engineer for Dakota County, was available for questions. John Rodeberg, SEH Project Manager, was available for questions. Mayor Maguire opened the public comment. Clint Racine, owner of Culvers, addressed the Council regarding his opposition to the median closure at O'Leary Lane and feels the closure will be detrimental to business, and asked the Council to consider the % intersection. There being no further public comments, he turned the discussion back to the Council. Councilmember Hansen stated it is still premature for us to shut down the possibility of a % intersection when the decision ultimately falls on the County Board. Hansen noted the County Board appreciates the interest of the business owners in the area, and if there is a way to work out something in the interim for maintaining a 3/ intersection until Yankee Doodle Road is expanded, we need to consider that. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve Project 1174 (Yankee Doodle Road / Promenade Avenue / O'Leary Lane — Intersection Improvements) as presented with the following condition: 1. Modified to include a right -turn lane for eastbound Yankee Doodle Road at O'Leary Lane intersection. and authorize the preparation of detailed plans and specifications for a contract that may be let within 2 years after said approval. Aye: 4 Nay: 1 ( Councilmember Hansen opposed) City Council Meeting Minutes February 3, 2015 5 page NEW BUSINESS Comprehensive Guide Plan Amendment — Wyatt Sharing and Caring / Jim Deanovic — Comprehensive Guide Plan Amendment from OS, Office Service to IND, Limited Industrial located on Lot 1, Block 1, Give of Mary City Administrator Osberg introduced the item noting the action is considering a Comprehensive Guide Plan Amendment to the Metropolitan Council to change the land use designation from Special Area /Office Service to Special Area /Limited Industrial for approximately 33 acres located at 3430 Highway 55, City Planner Ridley gave a staff report. Gary Tushie, Tushie Montgomery Architects and Jim Deanovic, the applicant, were available for questions. Mayor Maguire opened the public comment. John Cina, 3400 Highway 55, address the Council with his concern regarding zoning. There being no further public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Hansen seconded a motion to direct staff to submit a Comprehensive Guide Plan Amendment to the Metropolitan Council to change the land use designation from Special Area /Office Service to Special Area /Limited Industrial for approximately 33 acres located at 3430 Highway 55. Aye: 5 Nay: 0 The City Council took a 10 minute break. Comprehensive Guide Plan Amendment, Rezoning, Preliminary Planned Development And Preliminary Subdivision — Central Park Commons /CSM Eagan, LLC City Administrator Osberg introduced the item noting in October 2013, CSM Eagan submitted a revised development proposal and requests for rezoning, preliminary planned development and preliminary subdivision. The 2013 proposal was received by the APC on October 22, 2013. The proposal was reviewed and discussed by the City Council at the January 14, 2014 Council workshop, without any action being taken. Osberg noted the proposal was later withdrawn by the applicant prior to any action by the Council at a regular meeting. City Planner Ridley gave a staff report. Attorney Peter Coyle, representing CSM, provided background information and summarized the positive impacts the proposed development would provide the City and how the proposal was consistent with the goals and policies for the area. John Johannson, also representing CSM, introduced the development team and provided general information relative to the planned site demolition and the recycling and re -use of materials generated from the building. He also gave a presentation of the preliminary site plan. City Council Meeting Minutes February 3, 2015 6 page The Council discussed the preliminary site plan. Councilmember Hansen noted that an MVTA bus shelter located on Yankee Doodle and Central Parkway would be appropriate for the site. Mr. Johansson agreed and offered to contribute a concrete sidewalk from the current trail and a pad if there were to be a bus shelter. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. The Mayor and Council complimented the design and effort made by the CSM team in responding to the Central Commons Special Area goals and policies. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Preliminary Planned Development to establish an approximately 434,000 s.f. multi - building retail commercial shopping center upon approximately 47 acres located at 3333 Pilot Knob Road, subject to the following conditions: 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 • Preliminary Amenities Plan 2. 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 • Final Building Elevations • Final Landscape Plan • Final Signage Plan • Final Lighting Plan • Final Amenities Plan 3. The property shall be platted. 4. A Master Association shall be created, or a similar maintenance requirements through an ROEA, in a form acceptable to the City Attorney, for the maintenance of the amenities and shared easement areas in the development. 5. Ingress- egress easements shall be provided to ensure all parcels have access to a public street. Such easements shall be in a form acceptable to the City Attorney. 6. All buildings shall present an attractive appearance on all sides with similar architectural features and materials as the front /entry sides of the buildings. 7. All outdoor dining areas shall be designed and operated consistent with City Code standards. For each outdoor dining area, a detailed patio seating plan should be provided at the time of Final Planned Development. Outdoor patio dining should meet City Code requirements of Sec. 11.70, Subd. 29, with the exception that parking is considered satisfied. City Council Meeting Minutes February 3, 2015 7 page _ If a patio is within 20 feet of an internal street, bollards to prevent vehicle penetration are acceptable with appropriate sidewalk connection. 8. At the time of application for any on -sale liquor license, the developer shall verify that the licensed premises satisfies the special use setback. 9. Operation and maintenance of the seasonal outdoor sales area, as well as any associated signage, shall be subject to compliance with City Code standards. 10. Detached trash enclosures shall be located as identified on the approved Site Plan, and shall meet the design standards in the City Code, and be constructed of the same finish materials as the principal buildings. 11. All rooftop mechanical equipment shall be depicted on final drawings for Building Permit and compliance with screening standards verified at that time. 12. Cart corrals shall be shown on the Final Site Plan. Cart corrals shall be a permanent installation, and no signage shall be placed on the corrals. All shopping carts shall be collected each day and stored within a building overnight. A storage area for carts shall be provided within the buildings for that purpose. 13. The Final Landscape Plan shall have amended specifications to include a note that the root ball be set flush with grade with the root flare visible 1 -2" above grade. Additionally, the plan shall note mulch shall not be in contact with the trunk of the tree. 14. All landscaped areas shall be provided with automatic irrigation in compliance with City Code requirements. 15. A financial guaranty for landscaping and tree mitigation shall be provided at the time of Final Subdivision, in accordance with City Code provisions. 16. A blue or other industry standard recycling receptacle shall be placed directly next to all trash receptacles in the common areas of the development. Uniform labels on receptacles and lids will indicate recycling or trash and will specifically identify the types of items accepted in each container. 17. Pedestrian crossings of drive lanes shall be visually and texturally offset through use of a different pavement material. 18. Storage of commercial vehicles integral to the principal use of the property shall be subject to City Code standards, and the designated parking stalls shall be identified on the Site Plan at the time of Final Planned Development. 19. A cohesive consistent design shall be provided for all free - standing signs. 20. On free - standing signs, including the Project Sign- Marquee, tenant panels shall be of same construction design consisting of metal panels backlit with translucent graphics. 21. To establish sign placement, size and design parameters for the development, a Master Signage Agreement shall be provided, with the first Final Planned Development, and identify tenants that will be served by each pylon and /or monument sign. This Master Signage Agreement shall be in a form acceptable to the City Attorney, to be executed and recorded against the property. 22. Except for the Project Sign- Marquee, all monument and pylon signs shall be center identification signs consistent with the design as reflected in the Preliminary Planned Development, with the location depicted on the Master Sign Plan /Agreement. The dimensions of the monuments sign shall be as depicted on the Sign Plan. 23. A final design with a sign panel and indication of overall height shall be provided for the Gateway sign in the northwest corner of the site. 24. Easements shall be dedicated to make certain that the monument improvements are maintained at an appropriate level consistent with the City's established monumentation on Central Parkway. The developer shall enter into an encroachment agreement, in a form City Council Meeting Minutes February 3, 2015 8 page acceptable to the city attorney, to allow for the placement of these monuments within the public right -of -way. 25. A final design plan for the Project Sign- Marquee indicating sign face size and setback location shall be submitted for approval with the first Final Planned Development. Tenant sign identification on the marquee pylon shall be in two complementary earth tone colors, with the tenant's choice of font and letter style. All signs on the structure shall be the same construction design consisting of metal panels backlit with translucent graphics. 26. A final design plan for the monument identification sign at the southwest corner of the site (Monument #5) and for the Entry monument sign at the southeast corner of the site (low Entry monument by Project Sign- Marquee) shall be submitted for approval, and their location and setbacks clearly indicated on the Final Site Plan. 27. All building signage shall be mounted to the building wall within the designated sign band, and placement of signs atop a canopy shall not be permitted. 28. All building signage shall be consistent in design, while accommodating the unique identifiers of individual tenants including colors, script and logos. 29. Building architecture shall be considered prior to sign placement so that sign placement is in keeping with the architectural features of the building. 30. Wall signs within the "Village" area shall not exceed 36" height. 31. Signs displaying message or products shall be subject to City Sign Code standards. 32. Final signage plans shall be provided for all buildings at the time of Final Planned Development. a. Building sign size shall be subject to City Code standards. Endcap tenants in multi - tenant buildings may be allowed signage on up to three elevations, and interior tenants on up to two elevations. Single occupant buildings may be allowed signage on up to three elevations. The sign construction type shall be consistent with other building signage throughout the development. 33. Details on the design and placement of directional signs shall be provided with the Final Planned Development. The directional sign structures shall be located so as not to interfere with visibility, vehicular or pedestrian circulation or snow storage. 34. Buildings elevations shall be submitted for all buildings and the time of Final Planned Development. Buildings for which Preliminary Elevations were not provided shall utilize the same palette of materials and consistent architectural features presented in the Preliminary Schematic Building Elevations, 35. The building sections identified as "tenant trade dress" or similar, shall satisfy City Code standards for quality finish materials, such that the required materials ratios are upheld. Details of the "tenant trade dress" features shall be provided at the time of Final Planned Development for staff review and acceptance. 36. All mechanical equipment, both roof and ground mounted, shall be screened in accordance with City Code standards. All equipment and proposed screening shall be shown and identified on the Final Building Elevations and /or Site Plan drawings at the time of Final Planned Development. 37. All screen walls shall fully screen the truck dock and service areas, and be of a length and height to fully screen any trucks and trailers parked at the docks. 38. New plantings shall be coordinated with existing trees along Central Parkway, subject to approval of the City Forester, 39. Landscaping shall be enhanced along the south side of the development to provide an attractive streetscape and frame views into the site, subject to approval by the City Forester. City Council Meeting Minutes February 3, 2015 9 page 40. The developer shall fulfill tree mitigation requirements through the installation of one - hundred seventy -four (174) Category A trees ( >= 4" caliper deciduous trees or > =12' height coniferous trees). 41. The two Swamp White Oak tree species, which are proposed to be installed in the portion of Central Parkway median that is proposed to be closed off, just north of Quarry Road, shall be revised to Autumn Blaze Red Maple (Acerx freemanii 'Jeffersred') on the Final Tree Mitigation Plan. 42. 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. 43. The developer shall be responsible to relocate the existing storm sewer the pipe along the northern edge of the site to an alignment acceptable to the City Engineer, and maintain public drainage & utility easement over the existing storm sewer pipe until the relocation is complete. 44. The developer shall be responsible to relocate the existing 10" public trunk water main to an alignment acceptable to the City Engineer, 45. A 20' wide minimum drainage and utility easement, centered on the alignment of the future water main, shall be dedicated with this development. 46. This development shall be required to dedicate an outlot of sufficient size, in a location that meets all Minnesota Department of Health setback requirements for Community Public Water - Supply Wells, public easement and access for the construction and perpetual maintenance of planned above grade City well and transmission line pipes, and conduit for well communications, in accordance with Water Supply & Distribution Plan and City Public Works design standards. The alignment and construction of the raw water transmission lines shall avoid the development's proposed storm water underground infiltration and ponding features, and other utilities. A 20' wide minimum drainage and utility easement, centered on the alignment of the future raw water main, and a drainage and utility easement for the well house conduit that is either 5' wide if provided adjacent to the water main easement, or 10' wide if provided elsewhere, shall be dedicated with this development. 47. The developer shall provide private utility easements and /or maintenance agreements for these proposed private sewer and water lines and future utility lines within the development, in a form acceptable to the City Attorney, at time of final subdivision approval. 48. The plat shall be revised to eliminate drainage and utility easements over all stormwater ponds. 49. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 50. The developer shall provide a plan to be approved by staff including development -owned vault(s) at an entry point(s) to the premises and a conduit system to provide fiber optic to all buildings in the development. The conduit system shall utilize a multi - partitioned inner duct system, or other comparable means, to accommodate multiple fiber optic service providers in the future. The conduit to the well house can be a single duct. City Council Meeting Minutes February 3, 2015 10 page 51. The developer shall provide private maintenance agreements for the private streets, in a form acceptable to the City Attorney, at time of Final Subdivision approval. 520 "No Parking /Fire lane" signage shall be installed along the private streets and medians within the development to ensure they be kept open for emergency vehicle access. The developer shall provide a plan to be approved by the Fire Department that includes "No Parking /Fire Lane" areas and any possible fire department pull offs. 53. Cross - easements for ingress /egress and shared parking shall be executed in a form acceptable to the City Attorney, 54. This development shall be responsible for removing the existing driveway entrances not utilized on Central Parkway, installing the associated curb and landscaped medians to close the existing median openings on Central Parkway, and removing the temporary bituminous median on the south end of Central Parkway and replacing it with a permanent concrete median. 55. The development shall be responsible for all driveway and turn lane improvement costs associated with this site. 56. The developer shall obtain all necessary permits from Dakota County for any work within the Pilot Knob Road or Yankee Doodle Road right -of -way. 57. The development shall dedicate additional public right -of -way along Pilot Knob Road (CSAH 31) for future upgrade needs of the roadway, and as determined by Dakota County, 58. The plat shall be revised to dedicate sufficient public right -of -way for a potential future one - lane roundabout at the intersection of Central Parkway and Quarry Road. 59. The developer shall enter into a trail easement agreement, in a form acceptable to the City Attorney to provide public right -of -way or trail easement of sufficient size for any public trails constructed outside the current right -of -way limits. 60. This development shall meet the City's Post Construction Requirements (City Code §4.33) for stormwater management and surface water quality, including Runoff Rate Control, Total Phosphorus (TP) & Total Suspended Solids (TSS) Control, and %Z" Volume Control on the site's impervious surface area. 61. Prior to receiving city approval to permit land disturbing activity, the developer shall provide the City with soil boring logs from a minimum of four soil- borings from the proposed infiltration area, extending a minimum of 10' below the bottom of the proposed infiltration feature, to evaluate and ensure suitability for infiltration. If the soil boring logs indicate incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the developer shall revise the design and /or construction plans to ensure volume control requirements are fully met. 62. Prior to receiving city approval to permit land disturbing activity, 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. 63. Prior to receiving city approval to permit land disturbing activity, the developer shall provide construction details of proposed sub - surface infiltration practice for City review (cross - sections, construction sequencing /protection, sizing /volume tables, details for inlets, proper venting, maintenance access, etc.), to ensure sub - surface infiltration practice 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). 64. During sub - surface infiltration practice over - excavation and sub -soil work, before and during pea -rock backfilling and perforated pipe placement, the developer shall ensure that a Certified Soil Scientist will be present to verify and document that infiltration practice area City Council Meeting Minutes February 3, 2015 11 page sub -soils are suitable for a saturated condition infiltration rate of 0.7 -inch per hour or greater. If the sub -soil infiltration rates are less than 0.7 -inch per hour, on which the sub- surface infiltration practice was sized, the developer shall immediately notify the City Engineer and revise the volume control project to ensure volume control requirements are fully met. 65. Before the city issues a Certificate of Occupancy on the development site, the developer shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures and management facilities (ponds and sub - surface infiltration practice) conform to design and /or construction plans, as approved by the City. As -built volumes (for detention and retention) shall be provided for the ponds and sub- surface infiltration practice. The developer shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 66. Park dedication shall be through cash dedication. The amount shall be determined by the retail square footage reflected in the approved plan and recognizing a past dedication credit of 37.5 %, to be satisfied through a cash payment at the time of Final Subdivision at the rates then in effect. 67. Trails dedication shall be satisfied through installation of a trail system along Central Parkway adjacent to the development site, to the satisfaction of the City. Councilmember Hansen moved, Councilmember Fields seconded a motion to implement a Comprehensive Land Use Guide Plan Amendment from Special Area -Major Office to Special Area - Retail Commercial upon approximately 41.2 acres of the site located at 3333 Pilot Knob Road. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Hansen seconded a motion to implement a Comprehensive Land Use Guide Plan Amendment to change the land use designation from Special Area - Major Office, to Special Area — Retail Commercial upon approximately 6.2 acres located in the northwest portion of the site located at 3333 Pilot Knob Road, Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Rezoning from RD, Research and Development, to PD, Planned Development, upon approximately 47 acres located at 3333 Pilot Knob Road. Aye: 5 Nay: 0 Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision (Central Park Commons) to create nine lots upon approximately 47.4 acres located at 3333 Pilot Knob Road, 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: All 131, B3, Cl, C2, D1, E1, and G1 2. The property shall be platted. 3. A Master Association shall be created, or a similar maintenance requirements through an ROEA, in a form acceptable to the City Attorney, for the maintenance of the amenities and shared easement areas in the development. 4. Ingress- egress easements shall be provided to ensure all parcels have access to a public street. Such easements shall be in a form acceptable to the City Attorney. City Council Meeting Minutes February 3, 2015 12 page 5. All buildings shall present an attractive appearance on all sides with similar architectural features and materials as the front /entry sides of the buildings. 6. All outdoor dining areas shall be designed and operated consistent with City Code standards. For each outdoor dining area, a detailed patio seating plan should be provided at the time of Final Planned Development. Outdoor patio dining should meet City Code requirements of Sec. 11.70, Subd. 29, with the exception that parking is considered satisfied. If a patio is within 20 feet of an internal street, bollards to prevent vehicle penetration are acceptable with appropriate sidewalk connection. 7. At the time of application for any on -sale liquor license, the developer shall verify that the licensed premise satisfies the special use setback. 8. Operation and maintenance of the seasonal outdoor sales area, as well as any associated signage, shall be subject to compliance with City Code standards. 9. Detached trash enclosures shall be located as identified on the approved Site Plan, and shall meet the design standards in the City Code, and be constructed of the same finish materials as the principal buildings. 10. All rooftop mechanical equipment shall be depicted on final drawings for Building Permit and compliance with screening standards verified at that time. 11. Cart corrals shall be shown on the Final Site Plan. Cart corrals shall be a permanent installation, and no signage shall be placed on the corrals. All shopping carts shall be collected each day and stored within a building overnight. A storage area for carts shall be provided within the buildings for that purpose. 12. The Final Landscape Plan shall have amended specifications to include a note that the root ball be set flush with grade with the root flare visible 1 -2" above grade. Additionally, the plan shall note mulch shall not be in contact with the trunk of the tree. 13. All landscaped areas shall be provided with automatic irrigation in compliance with City Code requirements. 14. A financial guaranty for landscaping and tree mitigation shall be provided at the time of Final Subdivision, in accordance with City Code provisions. 15. A blue or other industry standard recycling receptacle shall be placed directly next to all trash receptacles in the common areas of the development. Uniform labels on receptacles and lids will indicate recycling or trash and will specifically identify the types of items accepted in each container. 16. Pedestrian crossings of drive lanes shall be visually and texturally offset through use of a different pavement material. 17. Storage of commercial vehicles integral to the principal use of the property shall be subject to City Code standards, and the designated parking stalls shall be identified on the Site Plan at the time of Final Planned Development, 18. A cohesive consistent design shall be provided for all free - standing signs. 19. On free - standing signs, including the Project Sign- Marquee, tenant panels shall be of same construction design consisting of metal panels backlit with translucent graphics. 20. To establish sign placement, size and design parameters for the development, a Master Signage Agreement shall be provided, with the first Final Planned Development, and identify tenants that will be served by each pylon and /or monument sign. This Master Signage Agreement shall be in a form acceptable to the City Attorney, to be executed and recorded against the property. 21. Except for the Project Sign- Marquee, all monument and pylon signs shall be center identification signs consistent with the design as reflected in the Preliminary Planned City Council Meeting Minutes February 3, 2015 13 page - 22. Development, with the location depicted on the Master Sign Plan /Agreement. The dimensions of the monument signs shall be as depicted on the Sign Plan. 23. A final design with a sign panel and indication of overall height shall be provided for the Gateway sign in the northwest corner of the site. 24. Easements shall be dedicated to make certain that the monument improvements are maintained at an appropriate level consistent with the City's established monumentation on Central Parkway. The developer shall enter into an encroachment agreement, in a form acceptable to the city attorney, to allow for the placement of these monuments within the public right -of -way. 25. A final design plan for the Project Sign- Marquee indicating sign face size and setback location shall be submitted for approval with the first Final Planned Development. Tenant sign identification on the marquee pylon shall be in two complementary earth tone colors, with the tenant's choice of font and letter style. All signs on the structure shall be the same construction design consisting of metal panels backlit with translucent graphics. 26. A final design plan for the monument identification sign at the southwest corner of the site (Monument #5) and for the Entry monument sign at the southeast corner of the site (low Entry monument by Project Sign- Marquee) shall be submitted for approval, and their location and setbacks clearly indicated on the Final Site Plan. 27. All building signage shall be mounted to the building wall within the designated sign band, and placement of signs atop a canopy shall not be permitted. 28. All building signage shall be consistent in design, while accommodating the unique identifiers of individual tenants including colors, script and logos. 29. Building architecture shall be considered prior to sign placement so that sign placement is in keeping with the architectural features of the building. 30. Wall signs within the "Village" area shall not exceed 36" height. 31. Signs displaying message or products shall be subject to City Sign Code standards. 32. Final signage plans shall be provided for all buildings at the time of Final Planned Development. a. Building sign size, shall be subject to City Code standards. Endcap tenants in multi - tenant buildings may be allowed signage on up to three elevations, and interior tenants on up to two elevations. Single occupant buildings may be allowed signage on up to three elevations. The sign construction type shall be consistent with other building signage throughout the development. 33. Details on the design and placement of directional signs shall be provided with the Final Planned Development. The directional sign structures shall be located so as not to interfere with visibility, vehicular or pedestrian circulation or snow storage. 34. Buildings elevations shall be submitted for all buildings and the time of Final Planned Development. Buildings for which Preliminary Elevations were not provided shall utilize the same palette of materials and consistent architectural features presented in the Preliminary Schematic Building Elevations. 35. The building sections identified as "tenant trade dress" or similar, shall satisfy City Code standards for quality finish materials, such that the required materials ratios are upheld. Details of the "tenant trade dress" features shall be provided at the time of Final Planned Development for staff review and acceptance. 36. All mechanical equipment, both roof and ground mounted, shall be screened in accordance with City Code standards. All equipment and proposed screening shall be shown and identified on the Final Building Elevations and /or Site Plan drawings at the time of Final Planned Development. City Council Meeting Minutes February 3, 2015 14 page 37. All screen walls shall fully screen the truck dock and service areas, and be of a length and height to fully screen any trucks and trailers parked at the docks. 38. New plantings shall be coordinated with existing trees along Central Parkway, subject to approval of the City Forester, 39. Landscaping shall be enhanced along the south side of the development to provide an attractive streetscape and frame views into the site, subject to approval by the City Forester, 40. The developer shall fulfill tree mitigation requirements through the installation of one - hundred seventy -four (174) Category A trees ( >= 4" caliper deciduous trees or > =12' height coniferous trees). 41. The two Swamp White Oak tree species, which are proposed to be installed in the portion of Central Parkway median that is proposed to be closed off, just north of Quarry Road, shall be revised to Autumn Blaze Red Maple (Acerx freemanii 'Jeffersred') on the Final Tree Mitigation Plan. 42. 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, 43. The developer shall be responsible to relocate the existing storm sewer the pipe along the northern edge of the site to an alignment acceptable to the City Engineer, and maintain public drainage & utility easement over the existing storm sewer pipe until the relocation is complete. 44. The developer shall be responsible to relocate the existing 10" public trunk water main to an alignment acceptable to the City Engineer. 45. A 20' wide minimum drainage and utility easement, centered on the alignment of the future water main, shall be dedicated with this development. 46. This development shall be required to dedicate an outlot of sufficient size, in a location that meets all Minnesota Department of Health setback requirements for Community Public Water - Supply Wells, public easement and access for the construction and perpetual maintenance of planned above grade City well and transmission line pipes, and conduit for well communications, in accordance with Water Supply & Distribution Plan and City Public Works design standards. The alignment and construction of the raw water transmission lines shall avoid the development's proposed storm water underground infiltration and ponding features, and other utilities. A 20' wide minimum drainage and utility easement, centered on the alignment of the future raw water main, and a drainage and utility easement for the well house conduit that is either 5' wide if provided adjacent to the water main easement, or 10' wide if provided elsewhere, shall be dedicated with this development. 47. The developer shall provide private utility easements and /or maintenance agreements for these proposed private sewer and water lines and future utility lines within the development, in a form acceptable to the City Attorney, at time of final subdivision approval. 48. The plat shall be revised to eliminate drainage and utility easements over all stormwater ponds. City Council Meeting Minutes February 3, 2015 15 page -- 49. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 50. The developer shall provide a plan to be approved by staff including development -owned vault(s) at an entry point(s) to the premises and a conduit system to provide fiber optic to all buildings in the development. The conduit system shall utilize a multi - partitioned inner duct system, or other comparable means, to accommodate multiple fiber optic service providers in the future. The conduit to the well house can be a single duct. 51. The developer shall provide private maintenance agreements for the private streets, in a form acceptable to the City Attorney, at time of Final Subdivision approval. 52. "No Parking /Fire lane" signage shall be installed along the private streets and medians within the development to ensure they be kept open for emergency vehicle access. The developer shall provide a plan to be approved by the Fire Department that includes "No Parking /Fire Lane" areas and any possible fire department pull offs. 53. Cross - easements for ingress /egress and shared parking shall be executed in a form acceptable to the City Attorney. 54. This development shall be responsible for removing the existing driveway entrances not utilized on Central Parkway, installing the associated curb and landscaped medians to close the existing median openings on Central Parkway, and removing the temporary bituminous median on the south end of Central Parkway and replacing it with a permanent concrete median. 55. The development shall be responsible for all driveway and turn lane improvement costs associated with this site. 56. The developer shall obtain all necessary permits from Dakota County for any work within the Pilot Knob Road or Yankee Doodle Road right -of -way. 57. The development shall dedicate additional public right -of -way along Pilot Knob Road (CSAH 31) for future upgrade needs of the roadway, and as determined by Dakota County, 58. The plat shall be revised to dedicate sufficient public right -of -way for a potential future one - lane roundabout at the intersection of Central Parkway and Quarry Road. 59. The developer shall enter into a trail easement agreement, in a form acceptable to the City Attorney to provide public right -of -way or trail easement of sufficient size for any public trails constructed outside the current right -of -way limits. 60. This development shall meet the City's Post Construction Requirements (City Code §4.33) for stormwater management and surface water quality, including Runoff Rate Control, Total Phosphorus (TP) & Total Suspended Solids (TSS) Control, and %2" Volume Control on the site's impervious surface area. 61. Prior to receiving city approval to permit land disturbing activity, the developer shall provide the City with soil boring logs from a minimum of four soil- borings from the proposed infiltration area, extending a minimum of 10' below the bottom of the proposed infiltration feature, to evaluate and ensure suitability for infiltration. If the soil boring logs indicate incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the developer shall revise the design and /or construction plans to ensure volume control requirements are fully met. 62. Prior to receiving city approval to permit land disturbing activity, 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. 63. Prior to receiving city approval to permit land disturbing activity, the developer shall provide construction details of proposed sub - surface infiltration practice for City review (cross- City Council Meeting Minutes February 3, 2015 16 page sections, construction sequencing /protection, sizing /volume tables, details for inlets, proper venting, maintenance access, etc.), to ensure sub - surface infiltration practice 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). 644 During sub - surface infiltration practice over - excavation and sub -soil work, before and during pea -rock backfilling and perforated pipe placement, the developer shall ensure that a Certified Soil Scientist will be present to verify and document that infiltration practice area sub -soils are suitable for a saturated condition infiltration rate of 0.7 -inch per hour or greater. If the sub -soil infiltration rates are less than 0.7 -inch per hour, on which the sub- surface infiltration practice was sized, the developer shall immediately notify the City Engineer and revise the volume control project to ensure volume control requirements are fully met. 65. Before the city issues a Certificate of Occupancy on the development site, the developer shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures and management facilities (ponds and sub - surface infiltration practice) conform to design and /or construction plans, as approved by the City. As -built volumes (for detention and retention) shall be provided for the ponds and sub- surface infiltration practice. The developer shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 66. Park dedication shall be through cash dedication. The amount shall be determined by the retail square footage reflected in the approved plan and recognizing a past dedication credit of 37.5 %, to be satisfied through a cash payment at the time of Final Subdivision at the rates then in effect. 67. Trails dedication shall be satisfied through installation of a trail system along Central Parkway adjacent to the development site, to the satisfaction of the City. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative /intergovernmental affairs update. ADMINISTRATIVE AGENDA There were no administrative agenda items to be heard. 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 9:20 p.m. Aye: 5 Nay: 0 City Council Meeting Minutes February 3, 2015 17 page Date -mS Mayor City Clerk