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.
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January 5, 2016
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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.
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January 5, 2016
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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.
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January 5, 2016
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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.
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January 5, 2016
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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.
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January 5, 2016
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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.
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January 5, 2016
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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
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January 5, 2016
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• 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.
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January 5, 2016
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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.
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January 5, 2016
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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.
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January 5, 2016
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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
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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.
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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
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