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01/05/2016 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JANUARY 5, 2016 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, and Hansen. Councilmember Tilley was absent. Mike Wisniewski addressed the Council regarding an ordinance amendment to allow potbellied pigs on residentially zoned properties. The Council directed further research on the matter to be brought back to a future Council workshop. Sheryl Burkhardt addressed the Council regarding potentially installing a bus stop shelter on Duckwood Drive near the Wal-Mart store. The matter was directed to the Council's Public Works Committee for further review. A regular meeting of the Eagan City Council was held on Tuesday, January 5, 2016 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, Assistant City Administrator Miller, Finance Director Pepper, Director of Communications Garrison, Acting Parks & Recreation Director Flewellen, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, 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 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 presented: Aye: 5 Nay: 0 Councilmember Fields pulled Item H. for further comment. Councilmember Hansen pulled Item U. to acknowledge the donation from the J.A. Wedum Foundation in the amount of $5,000 for the 1914 Town Hall project. A. It was recommended to approve the minutes of December 15, 2015 regular City Council meeting as presented or modified. B. Personnel Items: 1. It was recommended to approve the hiring of Police Officer Vesel. 2. It was recommended to recognize the resignation of Officer Robbe Waller and authorize the replacement of the vacancy created. City Council Meeting Minutes January 5, 2016 2 page 3. It was recommended to recognize the resignation of Brian Tonnancour, Property Maintenance Specialist and authorize the replacement. 4. It was recommended to authorize the classification of Melissa Timm, Part Time Regular Clerical (Union) Technician 3, to Full Time Regular, Non Union Confidential Human Resources Assistant -Office Support Specialist. 5. It was recommended the hiring of listed seasonal employees. C. It was recommended to ratify the check register dated December 11 and December 18, 2015 as presented. D. It was recommended to approve the ordinary and customary contracts with Lifeworks Services, Inc., and Certification of Termination of Covenants for property owned by ML CASA III, LP. E. It was recommended to approve a resolution and accept the amendment to the 2015 grant on behalf of the Dakota County Drug Task Force. F. It was recommended to approve a resolution to accept a donation from a citizen in the amount of $100 for the Fire Department and authorize the necessary budget adjustment. G. It was recommended to adopt a resolution modifying the Antennae lease/rent as part of the 2016 Fee Schedule. H. It was recommended to adopt a resolution approving a Premise Permit for the Miesville Lions to conduct lawful gambling at Wyatt's Twisted Americana, 1965 Cliff Lake Road, Suite 108. I. It was recommended to approve a one-year extension of the Conditional Use Permit and Variance approvals for property legally described at Lot 1, Block 1, Spectrum Business Park. J. It was recommended to approve a Final Planned Development upon approximately 4.6 acres located north of Lone Oak Road and west of Ames Crossing Road. K. It was recommended to authorize submittal of the City's FY 2016 Community Development Block Grant (CDBG) Application and adopt a Resolution approving the funding application request. L. It was recommended to approve the final payment for Contract 15-16 (Parkcliff Water Main Improvements) in the amount of $157,699.30 to Kusske Construction Co. and accept the improvements for perpetual City maintenance subject to warranty provisions. M. It was recommended to approve the plans and specifications for Contract 16-06 (Pond EP - 2.01 Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m., on Thursday, February 11, 2016. N. It was recommended to receive the bids for Contract 16-07 (South Water Treatment Plant, Generator Controls — Water System Improvement) and award the contract to PowerSecure in the amount of $78,756.00, and authorize the Mayor and City Clerk to execute all related documents. O. It was recommended to receive the Draft Feasibility Report for Project 1197 (Cedar Grove 4t" Addition —Street Improvements) and schedule a public hearing to be held on February 2, 2016. P. It was recommended to receive the Draft Feasibility Report for Project 1198 (Blackhawk Forest/Centex Vermillion Additions — Street Improvements) and schedule a public hearing to be held on February 2, 2016. Q. It was recommended to receive the Draft Feasibility Report for Project 1199 (Red Oaks Woodlands 4t" Verdant Acres Additions — Street Improvements) and schedule a public hearing to be held on February 2, 2016. City Council Meeting Minutes January 5, 2016 3 page R. It was recommended to receive the Draft Feasibility Report for Project 1200 (Diffley Commons—Street Improvements) and schedule a public hearing to be held on February 2, 2016. S. It was recommended to receive the Draft Feasibility Report for Project 1201 (Kingswood Ponds—Street Improvements) and schedule a public hearing to be held on February 2, 2016. T. It was recommended to authorize the review of Right -of -Way management options for future consideration of potential Ordinance Amendments to City Code. U. It was recommended to approve a resolution to accept a $5,000 donation from the J.A. Wedum Foundation to be used toward the 1914 Town Hall Project. PUBLIC HEARINGS Project 1191, Eagandale Corporate Center Street Improvements Project 1203, Mallard Park 2nd Addition Street Improvements Project 1196, Cedar Grove 3rd Addition Street Improvements Project 1192, Johnny Cake Ridge Road (Cliff Road to Teal Cove) Street Improvements Public Works Director Matthys introduced the items noting as part of Eagan's Street Revitalization Project, the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. Assistant City Engineer Nelson gave a combined staff report and presentation on the following street improvements: Project 1191— Eagandale Corporate Center, Project 1203 — Mallard Park 2nd Addition, Project 1196 — Cedar Grove 3rd Addition, and Project 1192 — Johnny Cake Ridge Road. Mayor Maguire opened the public hearings on street improvements for Project 1191— Eagandale Corporate Center, Project 1203 — Mallard Park 2nd Addition, Project 1196 — Cedar Grove 3rd Addition, and Project 1192 —Johnny Cake Ridge Road. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to close the public hearing and approve Project 1191 (Eagandale Corporate Center), Project 1203 (Mallard Park 2nd Addition), Project 1196 (Cedar Grove 3rd Addition), and Project 1192 (Johnny Cake Ridge Road) as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 Project 1193, Denmark Ave / Timbershore 1St — 4th Additions / Pilot Knob Heights 4th & 5th Additions Street Improvements Public Works Director Matthys noted on Project 1193, Denmark Avenue/Timbershore 1St -4th Additions/Pilot Knob Heights 4th & 5th Additions Street Improvements, the January 5th Public Hearing is being asked to be continued to January 19, 2016, to allow more time for neighborhood communication in consideration of the proposed traffic control signage modifications. Mayor Maguire opened the public hearings on street improvements for Project 1193, Denmark Ave / Timbershore 1St — 4th Additions / Pilot Knob Heights 4th & 5th Additions Street Improvements. There being no public comment, he turned the discussion back to the Council. City Council Meeting Minutes January 5, 2016 4 page Councilmember Fields moved, Councilmember Tilley seconded a motion to continue the public hearing for Project 1193 (Denmark Avenue / Timbershore l5'— 4th Additions / Pilot Knob Heights — Street Improvements) to be held on January 19, 2016. Aye: 5 Nay: 0 OLD BUSINESS Conditional Use Permit — Keith Hurley / Nitti Sanitation City Administrator Osberg introduced the item noting this item was before the City Council on November 2, 2015. The Council continued the item and requested that the applicant provide a more detailed Site Plan. City Planner Ridley gave a staff report noting a revised Site Plan was received and identifies items to be stored in each area, shows the public utilities and easements, as well as required access lanes. Ridley stated the revised conditions are appropriate, and is requesting the Council to approve a change to Condition #6, and the deletion of Condition #10 tying all changes to the revised Site Plan received on 12- 21-15. The applicant Keith Hurley 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 Hansen seconded a motion to approve a Conditional Use Permit to allow the outdoor storage of empty roll -off containers, smaller trash containers, trucks, construction materials and equipment, and an above -ground fuel tank, on property located at 1725 Meadow View Road, subject to the revised conditions presented to the Council: Aye:5 Nay:0 1. Building address numbers shall be reviewed for consistency with the standards in Section 2.78 of City Code and new address number signs installed if necessary to achieve compliance. 2. The applicant shall include an appropriately sized and designed, privately owned and maintained, storm sewer structure to effectively separate and capture debris and contaminants (including hydrocarbons and sediment) from the storm water from this site prior to entering the public storm system. Details shall be included in applicable plan sheet(s). The design and location of the structure shall be approved by the City Engineer, and the system shall be installed and operational by June 1, 2016. 3. The property owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the inspection and maintenance required to occur to ensure proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. 4. The applicant shall provide the City Engineer as -built plans that demonstrate that all modified and constructed stormwater structures/facilities (including conveyance) conform to design and/or construction plans, as approved by the City. 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. City Council Meeting Minutes January 5, 2016 5 page 5. The owner shall maintain all paved surfaces in good condition. 6. Outdoor storage shall be consistent with the Site Plan dated 12-21-15. 7. The plan shall depict the site layout, all drainage and utility easements, the City access easement, and all public utilities on the site. 8. Outdoor storage shall not restrict access to any storm sewer or sanitary sewer manholes, or fire hydrants. Direct access to the fire hydrant must be maintained free of obstruction, and allow for a minimum 20' drive aisle for trucks. 9. Required vehicle parking shall be as designated on the approved revised Site Plan. Parking stall striping shall be repainted on the pavement, and the area shall be reserved for employee and visitor passenger vehicle parking. Outdoor storage of commercial vehicles associated with the occupants of the building shall not be located in the required parking areas. 10. All outside storage shall not exceed 8 feet in height, and shall be maintained in an orderly fashion. 11. A minimum 20' drive aisle adjacent to the north side of the building must be maintained clear of storage and parked vehicles. 12. The owner shall install mesh fabric screening on the existing fence by June 30, 2016. The mesh screening fabric shall be kept in premium condition and replacement of the mesh fabric cover shall occur immediately if it falls into disrepair. Details of the proposed mesh screen shall be provided to City staff prior to installation. 13. The landscaping shall be replanted and restored in accordance with the approved Landscape Plan. Restoration includes removal of weeds and replanting of dead or missing landscape plants. New landscaping shall be installed by June 30, 2016, and measures taken to establish a regular maintenance plan to ensure healthy plants overtime. 14. The applicant/owner shall provide a $7,500 financial guarantee that will be released two years after the installation of the approved landscaping. 15. At least the northerly 20' of the 30' City access easement for the lift station shall be kept clear of vehicle parking and outdoor storage at all times as shown on the Site Plan dated December 21, 2015. 16. Cleaning of trash containers, roll -offs and other equipment shall be done inside the building and not outdoors. 17. Trash containers serving the occupants of the building shall be stored within the principal building as noted on the approved revised Site Plan. 18. The applicant shall obtain a mechanical permit for the fuel tank and required inspections to ensure compliance with the Fire Codes, including the installation of bollards if required by the Fire Code. The permit must be obtained and satisfactorily inspected prior to the release of the Conditional Use Permit for recording. 19. Outdoor storage areas shall be visually delineated by pavement markings to contain the storage and keep required easements and emergency access paths open and free of obstruction. 20. Engineering and Planning staff shall be provided an opportunity to review the proposed delineation of the pavement markings at least five (5) days prior to the actual application. 21. New pavement markings, including restriping of parking stalls, shall be completed by June 1, 2016. Such markings shall be repainted every two years, or as necessary to maintain the markings in good condition. City Council Meeting Minutes January 5, 2016 6 page Reconsider CityVue Commons Condition of Approval — At Home Apartments, LLC City Administrator Osberg introduced the item noting before the Council tonight is to approve a modification to the Conditions of Approval for the CityVue Commons Preliminary Planned Development. The applicant and the City agreed to conditions of approval (#78 and #79) that essentially held Lot 3 as a "proof of parking" option, if necessary, by restricting development of the lot until at least 15 months following the opening of the 10 -story apartment building. City Planner Ridley gave a staff report and provided a site map. Michael Cashill, the applicant, was available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. The Council discussed the request. After further discussion the Council agreed they were open to considering an alternative approach to developing the second apartment building but considering a change to conditions #78 and #79 at this time was premature and would more appropriately be discussed as part of a Planned Development Amendment request. The Council asked the applicant if he wanted to withdraw the request. The applicant agreed and withdrew his request. NEW BUSINESS Planned Development Amendment and On -Sale and Sunday Liquor License — Cliff Lake Market Place / Troy Dewitt City Administrator Osberg introduced the item noting the Council is being asked to approve a Planned Development Amendment to allow on -sale liquor in conjunction with a Full Service restaurant and outdoor patio and the On -Sale and Sunday Liquor License for Twisted Brothers Eagan LLC doing business at Wyatt's Twisted Americana located at 1965 Cliff Lake Road, Suite 108. City Planner Ridley gave a staff report and provided a site map. The applicant, Troy DeWitt, was available for questions. The Council discussed the Planned Development Amendment and On -Sale and Sunday Liquor License. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to allow on -sale liquor in conjunction with a Full Service restaurant and an outdoor patio located at 1965 Cliff Lake Road, subject to the following amended conditions: Aye: 5 Nay: 0 The Planned Development Amendment shall be recorded at the Dakota County Recorder's Office within 60 days of City Council approval. City Council Meeting Minutes January 5, 2016 7 page 2. On -sale liquor sales shall comply and be operated in accordance with all relevant state laws and regulations. 3. Signage shall be subject to City Sign Code requirements. 4. The applicant shall be required to obtain all necessary permits and comply with all Code requirements for an outdoor patio and the service of alcohol on the patio. 5. All improvements/fixtures and patio materials shall be consistent with the color scheme and architecture of the existing building, as reviewed and approved by the Community Development Department. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the On -Sale and Sunday Liquor License for Twisted Brothers Eagan LLC doing business as Wyatt's Twisted Americana located at 1965 Cliff Lake Road, Suite 108. Aye: 5 Nay: 0 Rezoning, Preliminary Planned Development and Preliminary Subdivision (Cedar Grove Parkway SO Addition) — Affinity of Eagan, LLC / Robert Ketner City Administrator Osberg introduced the item noting before the Council are three actions to be considered: a rezoning from CGD, Cedar Grove District to PD, Planned Development of approximately 4.1 acres, a preliminary planned development for the development of a multi -story 173 -unit age - restricted apartment upon approximately 2.7 acres, and medium density residential housing for future development upon approximately 1.4 acres, and a preliminary subdivision to create two lots upon approximately 4.1 acres all located at Cedar Grove Parkway and Nicols Road, legally described as Outlot A, Paragon Addition. City Planner Ridley gave a staff report and provided a site map. The applicant, Keith James with Inland Group, touched on the potential development for this site and was available for questions. The Council discussed the Rezoning, Preliminary Planned Development and Preliminary Subdivision. 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 Rezoning from CGD, Cedar Grove District to PD, Planned Development of approximately 4.1 acres located at Cedar Grove Parkway and Nicols Road, legally described as Outlot A, Paragon Addition. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded to approve a Preliminary Planned Development for the development of a multi -story 173 -unit age -restricted apartment upon approximately 2.7 acres and CGD, Cedar Grove District, designation upon approximately 1.4 acres upon the property legally described as Outlot A, Paragon Addition, subject to the amended conditions: Aye: Nay: 0 A Preliminary Planned Development Agreement shall be executed for the development prior to issuance of a building permit. The following plans are necessary for the Preliminary Planned Development Agreement: • Preliminary Site Plan City Council Meeting Minutes January 5, 2016 8 page • Preliminary Building Elevations • Preliminary Landscape Plan • Preliminary Site Lighting Plan • Preliminary Signage Plan 1A. Prior to construction of building on site 2 the owner shall be required to submit an application for Preliminary Planned Development approval under the City process. A Final Planned Development Agreement shall be executed for each of Sites 1 and 2 prior to issuance of a building permit for the site. The Final Planned Development Agreement shall be recorded against the property at the Dakota County Recorder's office. The following plans are necessary for each Final Planned Development Agreement: • Final Site Plan • Final Building Elevations • Final Landscaping Plan • Final Site Lighting Plan • Final Signage Plan 3. The term of the Preliminary Planned Development shall be three (3) years. 4. The property shall be platted. Airport Noise 5. Within the one -mile Buffer of Airport Noise Policy Zone 4, a minimum 19 dBa reduction in interior noise levels shall be required for new residential construction, to be provided at the time of application for Building Permit. Lighting 6. Pole mounted light fixtures shall be not more than 20 feet high. 7. All site lighting shall be downcast and shielded. 8. Public street lights shall be installed, by the developer, along all adjacent public roadways, with locations consistent with the existing street lighting on the other sides of the streets. Building Materials/Architecture 9. The stucco siding shall be integrally colored, and more than one complementary color utilized to provide horizontal and vertical relief. 10. Painted concrete is not an acceptable material. The exterior materials shall be revised to provide the stucco finish in place of the painted concrete on the lower levels. 11. Final Building Elevations at the time of Final Planned Development shall include a data table showing the percentage of primary and secondary materials to demonstrate compliance with the City Code standards. 12. A materials palette shall be provided with the Final Planned Development identifying the specific products and color selections for different materials. 13. The building shall provide consistent interior window treatments for windows that are visible from a public street or open space. 14. Individual entrances for each unit at street level shall be incorporated into the design of the future townhome development on Lot 2. Signage 15. The monument sign shall be constructed of masonry materials to match the principal building. A detailed sign plan shall be provided at the time of Final Planned Development demonstrating consistency with City Code standards. City Council Meeting Minutes January 5, 2016 9 page 16. The monument sign shall be relocated to achieve the minimum 10' setback and avoid placement within the easement. 17. Any future building signage shall be subject to City Code standards. 18. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. Mechanical Equipment/Trash Storage 19. Trash storage shall be located within the garage building's garage area. Landscaping 20. The Final Landscape Plan shall be revised to increase the number of trees to provide the required 1 tree /500 s.f. ratio. The Landscape Plan graphic and schedule shall be reconciled to match. Proposed plant materials shall utilize more evergreen plantings. 21. The Final Landscape Plan shall provide for landscaping around the base of the monument sign. Grading/Topography/Erosion Control 22. The grading plan shall be modified so no slopes exceed 3:1. 23. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to final subdivision approval. 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. 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. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 27. 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. Utilities 28. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 29. Fiber To The Premise Conditions: A. The applicant shall install two vaults (at their expense), one on the north side of the property along the ROW on Eagan Outlets Parkway and one on the south side of the property along the ROW on Cedar Grove Parkway. The vault size shall be at least 48"x36"00". From each vault, the applicant shall install a minimum of 2-4" conduits with minimal or long sweeping bends that runs to the buildings MDF (Main Distribution Frame) closet. B. From the buildings MDF closet, the applicant shall install a minimum of 2-4" conduits with minimal or long sweeping bends to all other IN (Intermediate Distribution Frame) closets throughout the building. City Council Meeting Minutes January 5, 2016 10 page C. In all units within the development, the applicant shall install at least a lgbps Ethernet (CatSe/Cath or fiber optic) connection to all livable spaces (i.e. kitchen, bedrooms and living room) that terminates in the LDF/MDF closet. D. The applicant shall submit a detailed low -voltage and/or electrical plan as part of its building permit, in a form acceptable to staff, depicting compliance with condition C above. Prior to receiving the final Certificate of occupancy, the applicant shall submit a certification to City staff that the low -voltage and/or electrical plan was built as designed and in compliance with condition C above. E. The applicant must select a service provider to install and provide fiber optic cabling into the MDF for high speed communication services with either AccessEagan or another provider. If AccessEagan is selected, the applicant shall enter into a service agreement in a form acceptable to the City Attorney. 30. The restoration of any streets and/or boulevards damaged during construction activities shall be restored in a manner acceptable to the City Engineer. Streets/Access/Pedestrian Circulation 31. The developer shall perform turn lane and striping modifications on Eagan Outlets Parkway to accommodate the parking lot access location, in a manner acceptable to the City Engineer. 32. The developer shall extend the public trail along Cedar Grove Parkway, and sidewalk along River Valley Way, in a manner acceptable to the City Engineer. 33. The existing access to Nicols Road shall be removed and restored by the developer, in a manner acceptable to the City Engineer. 34. The applicant shall enter into a participation agreement with the City for maintenance of the trails adjacent to the site. 35. No construction equipment or vehicles shall use the parking garage during development of this site. 36. All perimeter construction fencing shall be installed a minimum of 5' behind the curb, or behind the trail/sidewalk if one is present. 37. All existing trails/sidewalks shall remain fully open to pedestrian traffic throughout construction, and any damage to those facilities shall be the responsibility of the development to repair and/or replace in a manner acceptable to the City Engineer. 38. No construction staging or construction activities shall occur in the right-of-way, and no lane or shoulder restrictions shall occur on any adjacent roadways without prior approval by the City Engineer. Easements/Permits/Right-of-Way 39. Landscaping trees shall be planted in the City right-of-way between the curb and trail along Cedar Grove Parkway, by the developer, in a manner acceptable to the City Forester, and consistent with the other developed areas along Cedar Grove Parkway. 40. The applicant shall enter into an encroachment agreement, in a form acceptable to the City Attorney, for any retaining walls within public easement. 41. All entrance monuments shall be located outside all drainage and utility easements. 42. The applicant shall enter into a participation agreement with the City for maintenance of the trails adjacent to the site, in a form acceptable to the City Attorney. 43. The applicant shall provide a landscape easement, and enter into a landscape agreement, in a form acceptable to the City Attorney, for the rehabilitation and maintenance of the landscaping and monument at the intersection of Nicols Road and Cedar Grove Parkway. City Council Meeting Minutes January 5, 2016 11 page Parks and Recreation 44. Park dedication shall be satisfied through a cash dedication. The cash park dedication for proposed Lot 1 will be payable at the time of final plat at the rates then in effect. The cash dedication for proposed Lot 2 will be payable at the time of building permit at the rates then in effect. 45. Trail dedication for proposed Lot 1 shall be fulfilled through construction of adjacent trails as shown on the development plans. 46. Future development of proposed Lot 2 shall be subject to cash dedication at the time of development at the rates then in effect. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision (Cedar Grove Parkway 5th Addition) to create two lots upon approximately 4.1 acres located at Cedar Grove Parkway and Nicols Road, legally described as Outlot A, Paragon Addition, subject to the following conditions: Aye: 5 Nay: 0 Standard Conditions 1. The applicant shall comply with these standards conditions of plat approval as adopted by Council on July 1, 2014: Al, B1, C1, C2, C4, E1, F1, G1. 2. The property shall be platted. Airport Noise 3. Within the one -mile Buffer of Airport Noise Policy Zone 4, a minimum 19 dBa reduction in interior noise levels shall be required for new residential construction, to be provided at the time of application for Building Permit. Lighting 4. Pole mounted light fixtures shall be not more than 20 feet high. 5. All site lighting shall be downcast and shielded. 6. Public street lights shall be installed, by the developer, along all adjacent public roadways, with locations consistent with the existing street lighting on the other sides of the streets. Building Materials/Architecture 7. The stucco siding shall be integrally colored, and more than one complementary color utilized to provide horizontal and vertical relief. 8. Painted concrete is not an acceptable material. The exterior materials shall be revised to provide the stucco finish in place of the painted concrete on the lower levels. 9. Final Building Elevations at the time of Final Planned Development shall include a data table showing the percentage of primary and secondary materials to demonstrate compliance with the City Code standards. 10. A materials palette shall be provided with the Final Planned Development identifying the specific products and color selections for different materials. 11. The building shall provide consistent interior window treatments for windows that are visible from a public street or open space. 12. Individual entrances for each unit at street level shall be incorporated into the design of the future townhome development on Lot 2. City Council Meeting Minutes January 5, 2016 12 page Signage 13. The monument sign shall be constructed of masonry materials to match the principal building. A detailed sign plan shall be provided at the time of Final Planned Development demonstrating consistency with City Code standards. 14. The monument sign shall be relocated to achieve the minimum 10' setback and avoid placement within the easement. 15. Any future building signage shall be subject to City Code standards. 16. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. Mechanical Equipment/Trash Storage 17. Trash storage shall be located within the garage building's garage area. Landscaping 18. The Final Landscape Plan shall be revised to increase the number of trees to provide the required 1 tree /500 s.f. ratio. The Landscape Plan graphic and schedule shall be reconciled to match. Proposed plant materials shall utilize more evergreen plantings. 19. The Final Landscape Plan shall provide for landscaping around the base of the monument sign. Grading/Topography/Erosion Control 20. The grading plan shall be modified so no slopes exceed 3:1. 21. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to final subdivision approval. 22. 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. 23. 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. 24. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 25. 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. Utilities 26. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 27. Fiber To The Premise Conditions: A. The applicant shall install two vaults (at their expense), one on the north side of the property along the ROW on Eagan Outlets Parkway and one on the south side of the property along the ROW on Cedar Grove Parkway. The vault size shall be at least 48"06"00". From each vault, the applicant shall install a minimum of 2-4" conduits City Council Meeting Minutes January 5, 2016 13 page with minimal or long sweeping bends that runs to the buildings MDF (Main Distribution Frame) closet. B. From the buildings MDF closet, the applicant shall install a minimum of 2-4" conduits with minimal or long sweeping bends to all other IDF (Intermediate Distribution Frame) closets throughout the building. C. In all units within the development, the applicant shall install at least a lgbps Ethernet (CatSe/Cath or fiber optic) connection to all livable spaces (i.e. kitchen, bedrooms and living room) that terminates in the LDF/MDF closet. D. The applicant shall submit a detailed low -voltage and/or electrical plan as part of its building permit, in a form acceptable to staff, depicting compliance with condition C above. Prior to receiving the final Certificate of occupancy, the applicant shall submit a certification to City staff that the low -voltage and/or electrical plan was built as designed and in compliance with condition C above. E. The applicant must select a service provider to install and provide fiber optic cabling into the MDF for high speed communication services with either AccessEagan or another provider. If AccessEagan is selected, the applicant shall enter into a service agreement in a form acceptable to the City Attorney. 28. The restoration of any streets and/or boulevards damaged during construction activities shall be restored in a manner acceptable to the City Engineer. Streets/Access/Pedestrian Circulation 29. The developer shall perform turn lane and striping modifications on Eagan Outlets Parkway to accommodate the parking lot access location, in a manner acceptable to the City Engineer. 30. The developer shall extend the public trail along Cedar Grove Parkway, and sidewalk along River Valley Way, in a manner acceptable to the City Engineer. 31. The existing access to Nicols Road shall be removed and restored by the developer, in a manner acceptable to the City Engineer. 32. The applicant shall enter into a participation agreement with the City, in a form acceptable to the City Attorney, for maintenance of the trails adjacent to the site. 33. No construction equipment or vehicles shall use the parking garage during development of this site. 34. All perimeter construction fencing shall be installed a minimum of 5' behind the curb, or behind the trail/sidewalk if one is present. 35. All existing trails/sidewalks shall remain fully open to pedestrian traffic throughout construction, and any damage to those facilities shall be the responsibility of the development to repair and/or replace in a manner acceptable to the City Engineer. 36. No construction staging or construction activities shall occur in the right-of-way, and no lane or shoulder restrictions shall occur on any adjacent roadways without prior approval by the City Engineer. Easements/Permits/Right-of-Way 37. Landscaping trees shall be planted in the City right-of-way between the curb and trail along Cedar Grove Parkway, by the developer, in a manner acceptable to the City Forester, and consistent with the other developed areas along Cedar Grove Parkway. 38. The applicant shall enter into an encroachment agreement, in a form acceptable to the City Attorney, for any retaining walls within public easement. 39. All entrance monuments shall be located outside all drainage and utility easements. City Council Meeting Minutes January 5, 2016 14 page 40. The applicant shall enter into a participation agreement with the City for maintenance of the trails adjacent to the site, in a form acceptable to the City Attorney. 41. The applicant shall provide a landscape easement, and enter into a landscape agreement, in a form acceptable to the City Attorney, for the rehabilitation and maintenance of the landscaping and monument at the intersection of Nicols Road and Cedar Grove Parkway. Parks and Recreation 42. Park dedication shall be satisfied through a cash dedication. The cash park dedication for proposed Lot 1 will be payable at the time of final plat at the rates then in effect. The cash dedication for proposed Lot 2 will be payable at the time of building permit at the rates then in effect. 43. Trail dedication for proposed Lot 1 shall be fulfilled through construction of adjacent trails as shown on the development plans. 44. Future development of proposed Lot 2 shall be subject to cash dedication at the time of development at the rates then in effect. Rezoning — Minnesota Autism Center / Ryan Companies Us, Inc Action / Dan Mueller City Administrator Osberg introduced the item noting the Council is being asked to approve a rezoning from CGD, Cedar Grove District, to PD, Planned Development, upon approximately 0.75 acres located at the southeast corner of Silverbell Road and Nicols Road. City Planner Ridley gave a staff report and provided a site map. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Rezoning from CGD, Cedar Grove District to PD, Planned Development, upon approximately 0.75 acres located at the southeast corner of Silverbell Road and Nicols Road. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA CITY COUNCIL Councilmember Hansen noted on Friday, January 8 there is an open house for the retirement of Beverly Miller from the Minnesota Valley Transit Authority at the Eagan Bus Garage from 1-4:00 p.m. VISITORS TO BE HEARD There were no visitors to be heard. City Council Meeting Minutes January 5, 2016 15 page ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 8:07 p.m. Aye: 5 Nay: 0 Ira n , aq , c7i ®l (p Date 44.iAo Mayor wmmwlI �•'.