07/31/2017 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
JULY 31, 2017
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmembers Bakken, Fields, Hansen and Tilley.
A regular meeting of the Eagan City Council was held on Wednesday, July 31, 2017 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and
Tilley. Also present were City Administrator Osberg, Assistant City Administrator Miller, Director of
Community Development Hutmacher, Public Works Director Matthys, Director of Parks and Recreation
Pimental, Director of Communications Garrison, Director of Finance Pepper, City Attorney Dougherty,
and Executive Assistant Stevenson.
AGENDA
Councilmember Hansen moved, Councilmember Tilley 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
A. It was recommended to approve the minutes of the July 11, 2017 Special City Council meeting,
as presented or modified.
B. Personnel Items:
1. It was recommended to approve the hiring of seasonal employees as Lifeguard, Building
Attendant and Guest Relations. .
2. It was recommended to approve the hiring of Eric Morse, FT Utility Field Maintenance
Worker.
C. It was recommended to ratify the check registers dated July 14 and 21, 2017.
D. It was recommended to approve the ordinary and customary contracts with Independent School
District 196, Tom Wollan Sr Football Officials, Wal-Mart Stores, Inc., and Arts Midwest.
E. It was recommended to approve a resolution to accept a donation from Heidi Kennelly.
F. It was recommended to schedule a public hearing for September 5, 2017 to consider final
assessment of the delinquent utility bills and certify them to Dakota County for collection with
property taxes.
G. It was recommended to schedule a public hearing for September 5, 2017 to consider final
assessment of the delinquent nuisance abatement bills and certify them to Dakota County for
collection with property taxes.
City Council Meeting Minutes
July 31, 2017
2 page
H. It was recommended to approve a temporary on -sale liquor license and waive the license fee for
the Dakota County Regional Chamber of Commerce on August 31, 2017 at 3352 Sherman Court.
I. It was recommended to approve the resolution to extend the existing cable franchise with
Comcast of Minnesota until December 31, 2017 or until a new franchise with Comcast is in
place.
J. It was recommended to approve Change Order No. 1 to Contract 17-01(2017 Citywide Street
Improvements) and authorize the Mayor and City Clerk to execute all related documents.
K. It was recommended to approve the final payment for Contract 17-01(2017 Citywide Street
Improvements) in the amount of $73,077.77 to McNamara Contracting, Inc., and accept the
improvements for perpetual City maintenance subject to warranty provisions.
L. It was recommended to approve Change Order No. 1 to Contract 17-04 (Fitz Lake — Water
Quality Improvements) and authorize the Mayor and City Clerk to execute all related
documents.
M. It was recommended to approve the plans and specifications for Contract 17-19 (Cedar Grove
Area Landscape Monuments), and authorize the advertisement for a bid opening to be held at
10:30 a.m. on Thursday, August 31, 2017.
N. It was recommended to approve an Encroachment Agreement (Conservation Easement) for
property at 1025 Wescott Road.
0. It was recommended to approve a Encroachment Agreement (Conservation Easement) for
property at Lot 1, Block 1, Boulder Lakes 3rd Addition.
P. It was recommended to approve a Stormwater Management System Maintenance Agreement
with MV Eagan Ventures, LLC (Viking Lakes), and authorize the Mayor and City Clerk to execute
all related documents.
Q. It was recommended to authorize the preparation of an Event Travel Demand Management Plan
for Contract 17-17 (Minnesota Vikings/Viking Lakes Event Travel Demand Management Plan) by
SRF Consulting Group, Inc., and authorize the Mayor and City Clerk to execute all related
documents.
R. It was recommended to receive the petition to vacate public drainage and utility easements on
Lot 1, Block 3, Oakview Center, and Lot 1, Block 1, Oakview Center 2nd Addition and schedule a
public hearing to be held on September 5, 2017.
S. It was recommended to approve an Ordinance Amendment granting a Natural Gas Franchise to
Northern States Power Co. d/b/a Xcel Energy, approve publication of a summary ordinance and
authorize the Mayor and City Clerk to execute all related documents.
T. It was recommended to adopt Findings of Fact, Conclusions & Resolution of Denial of a request
for Variance to allow illumination on the face of the gas pump canopy for the convenience gas
station located at 1815 Diffley Road.
U. It was recommended to approve a Findings of Fact and Resolution that the City of Eagan has
satisfied requirements of the Alternative Urban Areawide Review and mitigation plan for the
Cedar Grove Redevelopment District.
V. It was recommended to approve a temporary on -sale liquor license and waive the license fee for
the Church of St. Thomas Becket on September 10, 2017 at 4455 South Robert Trail.
W. It was recommended to approve a resolution to temporarily extend the licensed premise of the
On -Sale Taproom License issued to Bald Man Brewing LLC on August 25 and 26, 2017 at 2020
Silver Bell Road.
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July 31, 2017
3 page
PUBLIC HEARINGS
Variance — Factory Motor Parts
City Administrator Osberg introduced the item noting the applicant is proposing a 55,000 s.f. warehouse
addition and garage facility to accommodate the company's growth and maintain all operation under
one roof. The Council is being asked to consider approving a variance to the minimum greenspace and
maximum building lot coverage requirements for a building addition located at 2782 Eagandale
Boulevard.
City Planner Ridley gave a staff report and provided a site map.
The applicant was present and available for questions.
The Council discussed the variance request. The Council agreed with the applicant's practical difficulties
with the current facility and the need to expand. It was noted the company will need to relocate for any
future expansions.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Bakken moved, Councilmember Fields seconded a motion to close the public hearing
and to approve a Variance to the minimum greenspace and maximum building lot coverage
requirements for a building addition located at 2782 Eagandale Boulevard, subject to the following
conditions: Aye: 5 Nay:0
1. If within one year after approval, the variance shall not have been completed or utilized, it shall
become null and void unless a petition for extension has been granted by the council. Such
extension shall be requested in writing at least 30 days before expiration and shall state facts
showing a good faith attempt to complete or utilize the use permitted in the variance.
2. The 42 parking stalls being relocated and proposed as vehicle storage under the existing
Conditional Use Permit shall be used as proof -of -parking for the site.
3. All outdoor storage of materials not allowed under the existing Conditional Use Permit shall be
stored inside the building.
4. Landscaping shall be installed as per submitted Landscape Plan dated July 19, 2017.
5. All new exterior building materials shall match the existing building.
6. This development shall meet the City's Post Construction Stormwater Management
Requirements (City Code §4.34) for stormwater management arid surface water quality,
including Runoff Rate Control and 1.1" Volume Control of the site's proposed impervious
surface area (or equivalent water quality treatment through filtration) and any other disturbed
soils that are not remediated following an approved Soil Management Strategy.
7. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide
construction details of the proposed sub -surface infiltration chamber galleries for City
review/acceptance by the City Engineer and include in construction plans. Construction details
shall include infiltration system cross-section(s), acceptable non -limestone rock base/backfill
material and depth, limits of bottom fabric, etc. to ensure infiltration/filtration practice is
properly designed, constructed, and adequately protected during / after construction to prevent
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July 31, 2017
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clogging, and able to be properly maintained to function as intended. These graphical details
and notes shall be prominently included in all applicable plan sheets (e.g. Erosion & Sediment
Control Plan, Grading Plan, Utility Plan, Details, etc.).
8. The applicant shall provide adequately sized pre-treatment (e.g. 4' minimum sump depth with
scour protection and skimmer hood, etc.) at, or immediately upstream of, all stormwater
management facilities (e.g. sub -surface infiltration chamber galleries) inlets to provide for
effective capture and easily -accessible cleanout of fine -sand sized particles and floatable
pollutants. Details shall be included in applicable plan sheet(s).
9. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide to
the City a minimum of two soil boring logs within the footprint of each proposed underground
stormwater infiltration area, extending a minimum of 10' below the bottom of the proposed
infiltration feature with continuous sampling, to evaluate and ensure suitability for infiltration,
including depth to saturated soils. 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 to ensure volume
control requirements are fully met for the impervious drainage area.
10. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide
detailed Soil Management Strategies for City review, and acceptance by the City Engineer, that
provide clear assurances that by final grading, prior to installation of any irrigation and
plantings, the disturbed areas that are to be revegetated will have protected and/or restored
soil permeability to non -compacted soil conditions in the top 12" of soil with no less than 5%
soil organic matter content in the top 6" of topsoil, to comply with Volume Control
requirements. Addition and incorporation of any soil organic content shall only consist of
MnDOT 3890 Grade 2 Compost, from a currently certified source, to restore soil organic content
to 5% in the top 6 -inches of soil. These graphical details and notes on soil
protection/restoration shall be included in the Stormwater Management Plan and prominently
included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading & Drainage
Plan, Landscape Plan, etc.)
11. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a long-
term stormwater management system maintenance agreement with the City, detailing the
annual 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.
12. During sub -surface infiltration chamber gallery system area over-excavation/sub-soil work, the
applicant shall ensure that a Certified Soil Scientist will be present to verify and document that
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 with strategy for design adjustment to ensure volume control requirement
compliance. Documentation shall be provided to the City within 48 -hours after infiltration
verification. The applicant shall provide the City Water Resources staff with 24-hour advance
notice of the occurrence of infiltration verifications and also prior to any excavation and/or soil
backfilling within the infiltration practices (City Water Resources staff contact/instructions shall
be clearly/prominently listed on appropriate plan sheets).
13. Before the city returns any Stormwater-related Performance Guarantee Fees 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
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July 31, 2017
5 page
(underground infiltration systems, etc.) conform to design and/or construction plans, as
approved by the City. As -built volumes for retention shall be provided for the infiltration
systems. The applicant shall submit to the City Engineer certification that the stormwater
management facilities have been installed in accordance with the plans and specifications
approved. This certification shall be provided by a Professional Engineer licensed in the State of
Minnesota.
14. All other site improvements shall be verified and approved under building permit review
process.
OLD BUSINESS
Ordinance Amendment — Ordinance Amendment to City Code Chapters 5
and 11 regarding the definition of a restaurant for alcohol licensing purposes
City Administrator Osberg introduced the item noting at the June 13, 2017 Special City Council meeting,
the Council discussed the types of restaurants that should be eligible for on -sale liquor and on -sale wine
and beer licenses. At the June 20, 2017 City Council meeting, the Council directed preparation of an
ordinance amendment to change the definition of a restaurant for alcohol licensing purposes. Currently,
only full-service restaurants are eligible for an on -sale liquor license. Casual restaurants are eligible for
on -sale wine and beer licenses. Osberg noted the proposed ordinance amendment to City Code Chapter
5 would allow any Minnesota Department of Health to apply for an on -sale liquor license or an on -sale
wine and beer license, which is consistent with State Statute. The proposed ordinance amendment to
City Code Chapter 11 is a housekeeping change to ensure consistency with Chapter 5.
City Clerk Scipioni was available for questions.
The Council discussed the ordinance amendments.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an ordinance
amendment to City Code Chapter 11 regarding the definition of a restaurant for alcohol licensing
purposes. Aye:5 Nay:0
Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve an ordinance
amendment to City Code Chapter 5 regarding the definition of a restaurant for alcohol licensing
purposes and approve an ordinance summary for publication. Aye: 5 Nay: 0
NEW BUSINESS
Planned Development Amendment — Country Inn & Suites
City Administrator Osberg introduced the item noting before the Council tonight is a Planned
Development Amendment as a result of a proposed expansion for Country Inn & Suites. The applicant is
proposing a hotel expansion of 55 rooms and a conference space.
City Council Meeting Minutes
July 31, 2017
6 page
City Planner Ridley gave a staff report noting the applicant also indicates the desire to add a future
restaurant, the timing of this potential added use is unknown.
Tom Wasmoen, CEO of Firm Ground Architects, gave a summary of the request and walked through
some of the concerns raised by the Planning Commission and City staff. Wasmoen noted the amount of
parking needed is due to their expected parking demand for the existing and new conference space. He
also touched on the sleep & fly component of their business plan.
The Property Manager was available for questions.
Mayor Maguire opened the public comment.
Brent Cory, Eagan Convention and Visitor's Bureau (ECVB), provided an overview of the existing number
of hotels/rooms that offer a sleep & fly package in Eagan and stated the ECVB supports the proposal.
Russ Zellmer, resident, stated his support for the proposal.
Devin Lee, Director of Franchise Operations of Carlson Rezider Hotel Group, stated his support for the
proposal.
There being no further public comment, Mayor Maguire turned the discussion back to the Council.
The Council discussed the Planned Development Amendment. The Council noted their support for the
hotel expansion and conference center, but had concerns regarding the abundance of parking. After
further discussion, the Council asked the applicant if they were willing to remove 65 parking stalls until
the restaurant is built. The applicant agreed with the removal of the parking stalls, and acknowledged
they would need to come back before the Council to request additional parking if and when the
restaurant is constructed.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Planned
Development Amendment for a hotel expansion consisting of 55 rooms and an 87 -person capacity
conference area located at 3035 Holiday Lane, subject to the following amended conditions: Aye: 5
Nay: 0
A Planned Development Amendment Agreement shall be executed and recorded with the
Dakota County Recorder's office within 90 days of approval. Proof of recording shall be
provided to the City. The Planned Development Amendment Agreement shall include the
following exhibits:
a. Site Plan
b. Building Elevations/Wall Signage Plan
c. Landscape Plan
d. Photometric Plan
2. A Final Planned Development Agreement shall be executed and recorded with the Dakota
County Recorder's office within 90 days of approval. Proof of recording shall be provided to
the City. The Final Planned Development Agreement shall include the following exhibits,
revised per the conditions of approval for the Planned Development Amendment:
a. Final Site Plan
City Council Meeting Minutes
July 31, 2017
7 page
b. Final Building Elevations/Wall Signage Plan
c. Final Landscape Plan
d. Final Photometric Plan
3. The property shall be replatted as a single lot prior to issuance of a Building Permit.
4. The Site Plan shall be revised to identify required and proposed parking calculations on the
plan and within the Site Area Table.
5. The Site Plan shall be revised to provide building coverage and green space calculations for
the proposed development in its entirety.
6. The Site Plan shall be revised to provide the existing parking calculations for the proposed
development in its entirety.
7. The Site Plan shall be revised to provide parking for no more than 143 paved stalls in a
fashion illustrated in the attached map. (Attachment A)
8. The trash enclosure shall be located on the Floor Plan and Elevation Plan, as shown on the
Site Plan, and constructed of materials to match the building, with an opaque gate that is
compatible with the building finish materials. The overhead door shall be painted to match
the building.
9. Overnight .. Fkin shall he limited to GUFFent hotel guests.
10.
st.-
10. The applicant shall be responsible for cash park and trail dedications for the building
addition payable at the time of Building Permit at the rates then in effect.
11. The building shall incorporate sound attenuation measures to achieve an interior sound
level reduction of 19 dBA within Zone 4 per City ordinance. Compliance with this standard
shall be demonstrated at the time of Building Permit.
12. The trash/recycling area shall be of a size that can accommodate trash, recyclable and
organic materials, and meet other design standards in the City Code for materials, height
and gates.
13. The Site Plan shall provide placement of mechanical equipment and compliance of
screening standards for ground service and mechanical.
14. All building signage should be subject to City Code standards, and a Sign Permit obtained
prior to installation of any signs.
15. Building address numbers shall be installed consistent with the provisions of Section 2.78 of
City Code.
16. A revised Landscape Plan shall be submitted to provide screening of the parking lot to the
south and to incorporate a landscape bed around the Pylon sign in a form acceptable to City
staff.
17. Automatic irrigation shall be provided for all landscaped areas. A financial guarantee for
installation of the landscaping shall be provided in accordance with the City's landscape
ordinance, at the time of Building Permit.
18. The pole -mounted parking lot lights shall be the same height as currently exist, which are
28' in height (3'base, 25'poles).
19. A revised Final Site Lighting Plan shall confirm consistent pole height and that the level of
illumination from the proposed fixtures is sufficient to meet the 0.5 footcandle standard
throughout all areas of the parking lot.
20. Only one water service shall be extended to the building.
21. The applicant shall restore the street, curb and gutter, and boulevard in a manner
acceptable to the City Engineer, for any parking lot or utility connections that extend into
public right-of-way.
City Council Meeting Minutes
July 31, 2017
7 page
b. Final Building Elevations/Wall Signage Plan
c. Final Landscape Plan
d. Final Photometric Plan
3. The property shall be replatted as a single lot prior to issuance of a Building Permit.
4. The Site Plan shall be revised to identify required and proposed parking calculations on the
plan and within the Site Area Table.
5. The Site Plan shall be revised to provide building coverage and green space calculations for
the proposed development in its entirety.
6. The Site Plan shall be revised to provide the existing parking calculations for the proposed
development in its entirety.
7. The Site Plan shall be revised to provide parking for no more than 143 paved stalls in a
fashion illustrated in the attached map. (Attachment A)
8. The trash enclosure shall be located on the Floor Plan and Elevation Plan, as shown on the
Site Plan, and constructed of materials to match the building, with an opaque gate that is
compatible with the building finish materials. The overhead door shall be painted to match
the building.
8. Gy .,ht ., Fkin shall he lir.. iWd W .,t hotel guests.
10. The applicant shall be responsible for a cash park and trail dedication for the building
addition which will be payable at the time of Building Permit issuance at the rates then in
effect.
11. The building shall incorporate sound attenuation measures to achieve an interior sound
level reduction of 19 dBA within Zone 4 per City ordinance. Compliance with this standard
shall be demonstrated at the time of Building Permit.
12. The trash/recycling area shall be of a size that can accommodate trash, recyclable and
organic materials, and meet other design standards in the City Code for materials, height
and gates.
13. The Site Plan shall provide placement of mechanical equipment and compliance of
screening standards for ground service and mechanical.
14. All building signage should be subject to City Code standards, and a Sign Permit obtained
prior to installation of any signs.
15. Building address numbers shall be installed consistent with the provisions of Section 2.78 of
City Code.
16. A revised Landscape Plan shall be submitted to provide screening of the parking lot to the
south and to incorporate a landscape bed around the Pylon sign in a form acceptable to City
staff.
17. Automatic irrigation shall be provided for all landscaped areas. A financial guarantee for
installation of the landscaping shall be provided in accordance with the City's landscape
ordinance, at the time of Building Permit.
18. The pole -mounted parking lot lights shall be the same height as currently exist, which are
28' in height (3'base, 25'poles).
19. A revised Final Site Lighting Plan shall confirm consistent pole height and that the level of
illumination from the proposed fixtures is sufficient to meet the 0.5 footcandle standard
throughout all areas of the parking lot.
20. Only one water service shall be extended to the building.
21. The applicant shall restore the street, curb and gutter, and boulevard in a manner
acceptable to the City Engineer, for any parking lot or utility connections that extend into
public right-of-way.
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City Council Meeting Minutes
July 31, 2017
9 page
any excavation and/or soil backfilling within the infiltration practices (City Water Resources
staff contact/instructions shall be clearly/prominently listed on appropriate plan sheets).
29. Before the city returns any Stormwater-related Performance Guarantee Fees 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 (infiltration basins, etc.) conform to design and/or construction plans,
as approved by the City. As -built volumes for retention shall be provided for the filtration
system. The applicant shall submit to the City Engineer certification that the stormwater
management facilities have been installed in accordance with the plans and specifications
approved. This certification shall be provided by a Professional Engineer licensed in the
State of Minnesota.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
ADMINISTRATIVE AGENDA
There were no administrative agenda items to be heard.
There were no visitors to be heard.
VISITORS TO BE HEARD
ADJOURNMENT
Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at
8:07 p.m. Aye: 5 Nay: 0
l �1r
Mayor