08/18/2015 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
AUGUST 18, 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, Fields, Hansen and Tilley.
A regular meeting of the Eagan City Council was held on Tuesday, August 18, 2015 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire and Councilmembers Bakken, Fields, Hansen and
Tilley. Also present were City Administrator Osberg, Director of Communications Garrison, Director of
Community Development Hohenstein, City Planner Ridley, City Engineer Gorder, Parks and Recreation
Director Johnson, Assistant Parks and Recreation Director Flewellen, Campus Facilities Manager
Vaughan, Police Chief McDonald, Fire Chief Scott, and Executive Assistant Stevenson.
AGENDA
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as
presented. Aye:5 Nay:0
RECOGNITIONS AND PRESENTATION
Recognition by Minnesota Recreation and Park Association
Award of Excellence — Programs and Events Category — Food on 4 Wheels
Parks and Recreation Director Johnson introduced Alyssa Krumholz, from the Minnesota Recreation and
Park Association Award Committee, who provided background information on the MRPA Awards of
Excellence Program, and presented a plaque to the City Council.
Recognition of Cascade Bay as WCCO's "Best Of Minnesota - Water Park"
Parks and Recreation Director Johnson introduced the item noting WCCO TV conducted an on-line poll
for viewers to choose their favorite water park in Minnesota and Cascade Bay received the most votes.
Captain C. Breeze, along with Director Johnson presented the plaque to the City Council.
CONSENT AGENDA
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent
Agenda as presented: Aye: 5 Nay: 0
A. It was recommended to approve the minutes of August 3, 2015 regular City Council
meeting as presented or modified.
B. Personnel Items
1. It was recommended to authorize the reclassification of Police Lieutenants from Level
14 to Level 15.
2. It was recommended to approve a contract with HR Simplified, Inc.
C. It was recommended to ratify the check register dated July 31, and August 7, 2015 as
presented.
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D. It was recommended to approve the ordinary and customary contracts with Eagan Men's
Chorus, Eagan Women of Note, Czech Area Concertina, WoodWind, Minnesota Center for
Book Arts, and Metropolitan Library Service Agency,
E. It was recommended to approve an On -Sale Liquor and Sunday Liquor License for Lone Oak
Store, LLC doing business as Burgers and Bottles at 1278 Lone Oak Road.
F. It was recommended to approve a temporary on -sale liquor license and waive the license
fee for People of Praise MN Inc.'s 44th Anniversary Celebration on September 19, 2015 at
601 River Ridge Parkway.
G. It was recommended to approve the appointment of the following individuals to serve on
the Visioning Process Steering Committee: Juliet Parisi, Nancy Wester, Arthur Morrisey,
Cindy Haas, Laurie Fink, Jen Hubbs, John Ferlita, Terry TeBockhorst, Christine Keuler, and
Marianne Fletcher.
H. It was recommended to authorize staff to submit comments to Dakota County regarding the
Cedar Avenue/Red Line Implementation Plan Update (IPU) as presented.
I. It was recommended to receive the bids and award Contract 15-16 (Parkcliff Water Main
Improvements) to Kusske Construction Company, for the base plus alternate bid in the
amount of $143,646.00, and authorize the Mayor and City Clerk to execute all related
documents.
J. It was recommended to approve an application from Wyatt Caring and Sharing, LLC to
replace wetland impacts by withdrawl of wetland bank credits.
K. It was recommended to receive bid and award Contract 15-21 (LeMay Lake Alum Treatment
— Water Quality Improvements) to HAB Aquatic Solutions, LLC, in the amount of $71,777.00,
and authorize the Mayor and City Clerk to execute all related documents.
L. It was recommended to direct the City Attorney to prepare an ordinance amendment to City
Code Chapter 10 to change the Off -Leash Dog Area (OLDA) permit from a one to a two-year
renewal and require a permit tag instead of a collar.
M. It was recommended to approve a resolution to accept an event partnership donation for
$300 for Eagan Market Fest from CityVue Apartments for Health & Wellness Night and
direct the Mayor and City Clerk to sign the appropriate document.
N. It was recommended to approve amendment to 2015 Parks Capital Improvement Project
List to allocate $35,000 for Art House sanitary sewer connection and lower amount for Rahn
Athletic electrical improvements to $15,000.
0. It was recommended to approve the determination that the Conditional Use Permit for
outdoor storage at 4025 South Frontage Road has lapsed due to failure to construct the
improvements.
P. It was recommended to adopt a resolution approving an exempt permit for the Catholic
Community of St. Thomas Becket to conduct a raffle on September 13, 2015 at the Church
of St. Thomas Becket, 4455 South Robert Trail.
Q. It was recommended to receive quotes and award Contract 15-22 (Citywide Traffic Signal
Painting) to OLS Restoration, Inc., in the amount of $13,100.00, and authorize the Mayor
and City Clerk to execute all related documents.
R. It was recommended to approve a temporary on -sale liquor license and waive the license
fee for the Church of St. Thomas Becket's Fall Festival on September 13, 2015 at 4455 South
Robert Trail.
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PUBLIC HEARINGS
Vacate Public Drainage & Utility Easement Vacation, Lot 14, Block 1 Prettyman Heights
City Administrator Osberg introduced the item noting the Council is be asked to consider the vacation of
a portion of the public drainage and utility easement on 1579 Skyline Trail. The purpose of the request
is to allow the homeowners to construct an in -ground pool in the backyard of this property.
City Engineer Gorder 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 Bakken seconded a motion to approve the vacation of
a portion of the public drainage and utility easement on Lot 14, Block 1, Prettyman Heights (1579
Skyline Trail), and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0
OLD BUSINESS
Planned Development Amendment — Prestige Preschool Academy
City Administrator Osberg introduced the item noting this item was postponed from the August 3, 2015
City Council meeting to allow all Councilmembers to be in attendance to review the request. The
Council is being asked to consider a Planned Development Amendment to allow the development of an
approximately 10,400 sq. ft. single -story childcare facility upon property located at 4150 Knob Drive.
City Planner Ridley gave a staff report.
The applicant, Jon Fahning of Shingobee Builders, provided background information on Prestige
Preschool Academy and additional information on the request, and was available for questions.
The Council discussed the history of the property.
Mayor Maguire opened the public comment. The following residents and businesses addressed the
Council and expressed concerns regarding parking, traffic, building size and capacity, and building
materials: Dennis Shaw and Karen Piehler Shaw, 4165 Knob Drive, Tony Bour, 4161 Knob Drive, Jeff Rud,
4178 Knob Drive, Darci Kaul, 4138 Signal Point, John Kemper, 4139 Signal Point, Angela Hilo, 4178 Knob
Drive.
Mike O'Halloran, property owner, provided background information on the property.
Karen Piehler Shaw, 4165 Knob Drive, presented the Council with a petition and asked that it be part of
the public record as objecting to the application by Shingobee Real Estate Developers for a Planned
Development Amendment related to the development of the property located at 4150 Knob Drive.
There being no further public comment, Mayor Maguire turned the discussion back to the Council.
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The Council discussed at length the planned development amendment. The Council had concerns with
traffic and size of the building. After further discussion the majority of the Council was in favor of
directing the City Attorney to prepare Findings of Fact for Denial.
Councilmember Fields moved, Councilmember Tilley seconded a motion to direct preparation of
Findings of Fact for Denial of a Planned Development Amendment to allow the development of an
approximately 10,400 s.f. single -story childcare facility upon property located at 4150 Knob Drive.
Councilmember Field and others stated their reasons for supporting a denial.
The Council voted. Aye: 4 Nay: 1 (Mayor Maguire opposed)
The Council took a 10 minute break.
NEW BUSINESS
Comprehensive Guide Plan Amendment, Rezoning, Preliminary Planned Development, Easement
Vacation, and Final Plat - Minnesota Autism Center/ Ryan Companies US, Inc.
City Administrator Osberg introduced the item noting there are five actions for the Council to consider,
a Comprehensive Guide Plan Amendment to change the land use designation from MU (Mixed Use) to
QP (Public/Quasi-Public), a Preliminary Planned Development to allow a high school and school campus
on approximately 12.5 acres. Osberg noted when considering the PD we have added condition # 39.
Osberg continued the third action for consideration is Rezoning from CGD, Cedar Grove District, to PD,
Planned Development, an Easement Vacation of public easements on Outlot A & Lot 1, Block 1,
Tesseract Addition, and to vacate Tesseract Place public right-of-way, and the final action would be a
Final Plat (Central Park Commons) to create a single parcel upon approximately 12.5 acres generally
located west of 3800 Tesseract Place.
City Planner Ridley gave a staff report.
The applicant, Dan Mueller, Ryan Companies US, Inc., was available for questions.
Mayor Maguire opened the public comment, there being no public comment, he turned the discussion
back to the Council.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Preliminary
Planned Development to allow a high school and school campus, upon approximately 12.5 acres
generally located west of 3800 Tesseract Place, subject to the following conditions: Aye: 5 Nay: 0
1. A Preliminary Planned Development Agreement shall be executed. The following
exhibits shall be made part of the Agreement:
• Preliminary Site Plan
• Preliminary Landscape Plan
Preliminary Building Elevations Plan
• Preliminary Site Lighting Plan
• Preliminary Signage Plan
2.- The property shall be platted.
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3. This development shall be subject to a cash parks dedication payable at the time of Building
Permit at the rates then in effect.
4. This development shall be subject to a cash trails dedication payable at the time Building Permit
at the rates then in effect.
5. The applicant shall submit a revised Tree Mitigation Plan that fulfills the required tree mitigation
amount of twenty-six (26) Category B trees (or an equivalent combination of Category A and/or
C trees).
6. The construction of the school shall meet the sound attenuation requirements per the
Metropolitan Council Transportation Policy Plan.
7. A Building Permit shall be obtained for the 8'chain link fence(s).
8. A Photometric Lighting Plan shall be provided at the time of Building Permit, illustrating levels of
illumination in conformance with CGD standards.
9. The total light pole height and wall -mounted fixtures shall not exceed 20'.
10. Rooftop mechanical units shall be shown on the Building Elevations at the time of building
permit, and placement of units 20' from the building edge and parapet height shall be
demonstrated on the permit plans. If these measures alone do not fully screen some
equipment, additional screening measures shall be employed in accordance with City Code.
11. Detailed sign plans shall be submitted with the application for Sign Permits including
dimensions, type of construction, and how the signs are to be lit. Conformance with City Code
standards will be confirmed at that time. All signs shall require a Sign Permit prior to
installation.
12. The type of Wall signage as currently proposed in the application shall comply with City Code
standards, located on the north and south elevations only.
13. The monument sign location shall be at least 10' from the property line and outside of the utility
easement area. The base shall be landscaped and match the principal building materials.
Design plans for the monument sign shall be provided at the time of Sign Permit and in
conformance with the CGD design standards confirmed at that time.
14. The billboard sign shall be removed prior to issuance of certificate of occupancy for the new
school.
15. The three directional signs shall conform with the CGD design standards.
16. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City
Code.
17. The Landscape Plan shall separate the shade and ornamental trees located within the plant
schedule and quantities shall be verified.
18. The Landscape Plan key shall be revised to verify plantings meet minimum size requirements
per City Code.
19. The Landscape Plan shall be revised to replace the species with those better suited for the site.
20. The Landscape Plan shall be revised to enhance the screening of the parking lot per City Code.
21. Overstory trees shall be placed so as not to conflict with pole lighting or utilities such as
hydrants.
22. Overstory trees shall be planted within parking islands wherever possible to maximize shade
coverage of pavement areas.
23. A detailed grading, drainage, erosion and sediment control plan shall be prepared in accordance
with current City standards and codes prior to issuance of any Building Permit.
24. 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.
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25. All personnel responsible for the construction and management of erosion/sediment control
devices and the establishment of vegetation for the development, shall have received
Erosion/Sediment Control site management certification through the University of Minnesota,
or approved equal training as determined by the City Engineer.
26. All erosion control measures shall be installed and maintained in accordance with City code and
engineering standards.
27. This development shall meet the City's Post Construction Stormwater Management
Requirements (City Code §4.34) for stormwater management and surface water quality,
including Runoff Rate Control and 1.1" Volume Control on the site's new and fully -reconstructed
impervious surface area (including effective soil remediation for the site's disturbed soils that
are to be revegetated).
28. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide the
City with soil boring logs from a minimum of four soil -borings within any 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 applicant shall revise the design and/or construction plans (e.g. over-
excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met.
29. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide
construction details of proposed infiltration practices for City review (cross-sections,
construction sequencing/protection, sizing/volume tables, details for stable inlets, overflows,
outlets, maintenance access areas to inlets/oulets, soil amendment criteria, planting
plans/details, etc.), to ensure infiltration practice and swale are properly designed and
constructed, adequately protected during / after construction, and able to be properly
maintained (e.g. unobstructed equipment access, etc.) to function as intended. These graphical
details and notes shall be prominently included in all applicable plan sheets (e.g. Grading, Utility
& Landscape plans).
30. Prior to receiving city approval to permit land disturbing activity, the property owner shall
provide detailed Soil Management Strategies for City review, and acceptance by the City
Engineer, that provide for assurances that at final grading the disturbed areas that are to be
revegetated will have protected and/or restored soil permeability to non -compacted soil
conditions, to comply with Volume Control requirements. These graphical details and notes
shall be included in the Stormwater Management Plan and prominently included in all
applicable plan sheets (e.g. Grading & Landscape plans).
31. 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 inspection and maintenance required to ensure proper operation and performance
of the permanent stormwater management system, in a form acceptable to the City Attorney.
32. During infiltration practice over -excavation and sub -soil work, the applicant 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 0.8 -inch per hour or greater (but
less than 8.0 -inch per hour). If the sub -soil infiltration rates are less than 0.8 -inch per hour (or
greater than 8.0 -inch per hour), the applicant shall immediately notify the City Engineer and
revise the volume control practice(s) as necessary (e.g. over-excavation/soil-amendment depth,
etc.) to ensure volume control requirements are fully met. At completion of final grading within
the infiltration basin, but prior to planting, the applicant shall ensure that a soil scientist will be
present to verify and document that the infiltration practice is suitable to infiltrate a minimum
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August 18, 2015
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of 0.8 -inch per hour or greater in saturated conditions. Documentation shall be provided to the
City within 48 -hours after infiltration testing.
33. Before the city issues a Certificate of Occupancy on the development site, the applicant shall
provide the City Engineer as -built plans that demonstrate that all constructed stormwater
conveyance structures, stormwater management facilities (sumps, infiltration practice,
vegetated swale, etc.), and soil management strategies conform to design and/or construction
plans, as approved by the City. As -built volumes (for retention) shall be provided for the
infiltration practice. Documentation shall be provided to verify soil management strategy
compliance. The applicant 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.
34. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
35. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide
telecommunications fiber to the premises (FTTP). This development should include the
installation of fiber optic cable, or a conduit for future installation, in its construction plans at
the time of Building Permit.
36. "No Parking/Fire lane" signage shall be installed in the parking lot and driveways, per Fire
Department standards, to ensure emergency vehicle access.
37. No access shall be permitted onto Nicols road. The applicant shall enter into a formal access
restriction easement acceptable to the City Attorney.
38. This development shall be responsible for the acquisition of all regulatory agency permits
required by the affected agency prior to building permit approval.
39. The applicant shall enter into a Payment in lieu of Taxes Agreement (PILOT) under the terms
proposed by the applicant in their letter dated August 17, 2015, and in a form acceptable to the
city attorney.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Comprehensive
Guide Plan Amendment to change the land use designation from MU (Mixed Use) to QP (Public/Quasi-
Public), upon approximately 6.5 acres generally located west of 3800 Tesseract Place. Aye: 5 Nay: 0
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Rezoning from
CGD, Cedar Grove District, to PD, Planned Development, upon approximately 12.5 acres generally
located west of 3800 Tesseract Place. Aye: 5 Nay: 0
Councilmember Bakken moved, Councilmember Fields seconded a motion to an Easement Vacation of
public easements, on Outlot A & Lot 1, Block 1, Tesseract Addition, and to vacate Tesseract Place public
right-of-way.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Final Plat
(Central Park Commons) to create a single parcel upon approximately 12.5 acres generally located west
of 3800 Tesseract Place, 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: 131, B2, B3, C1, C2, C4, E1, F1, G1 and H1.
2. The property shall be platted.
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The applicant shall revise the Final Plat to include the small triangular-shaped parcel adjacent to
the Outlot (PIN 10-01900-250-40), with a deadline for re -platting extended to issuance of
certificate of occupancy.
LEGISLATIVE/ INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
ADMINISTRATIVE AGENDA
There were no comments 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
9:40 p.m. Aye: 5 Nay: 0
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