02/05/2018 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
FEBRUARY 5, 2018
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmembers Fields and Hansen. Councilmember Tilley was absent. Councilmember
Bakken arrived at 6:25 p.m.
A regular meeting of the Eagan City Council was held on Monday, February 5, 2018 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, and Hansen.
Councilmember Tilley was absent. Also present were City Administrator Osberg, Assistant City
Administrator Miller, Director of Communications Garrison, City Engineer Gorder, Parks & Recreation
Director Pimental, Director of Community Development Hutmacher, City Planner Ridley, City Clerk
Scipioni, Police Chief McDonald, City Attorney Dougherty, and Executive Assistant Stevenson.
AGENDA
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the agenda as
presented. Aye:4 Nay:0
RECOGNITIONS AND PRESENTATION
There were no recognitions and presentations.
CONSENT AGENDA
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the consent
agenda as amended: Aye: 4 Nay: 0
A. It was recommended to approve the minutes of January 9, 2018 Special City Council meeting
and January 16, 2018 regular City Council meeting, as presented.
B. Personnel Items:
1. It was recommended to authorize the hiring of the seasonal employees for the following:
Guest Services Rep, Recreation Assistant, Art House Instructor 2, and Park Laborer.
2. It was recommended to accept the retirement of Linda Fink, Accountant II, and authorize
the recruitment and replacement of the position.
3. It was recommended to authorize a classification level change for the Utility Superintendent
from Grade 17 to Grade 18, effective July 23, 2017.
C. It was recommended to ratify the check registers dated January 12, 19, and 26, 2018.
D. It was recommended to approve the ordinary and customary contracts with All Furniture, Inc.,
Minnesota Valley Photography Club, Crossroads Church, Sun Thisweek, At Home Apartments,
City County Credit Union, New Horizon Academy, Argosy University, Twin Cities Wellness Radio,
Urgency Room, Eagan Men's Chorus, Dan Rumsey, Exit 185, Minnesota Natural Landscapes, Inc.,
St. Croix Harley-Davidson and Professional Services Agreement.
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E. It was recommended to approve Plans & Specifications, Contract 18-06 (Police Department and
City Hall Renovation), and authorize Advertisement of Bids.
F. It was recommended to authorize final payment and close out Contract 17-10, 2017 fiber
expansion to NE Eagan, Art House and Well 22.
G. It was recommended to approve a resolution and accept the amendment to the 2017 grant on
behalf of the Dakota County Drug Task Force.
H. It was recommended to accept a $150,000 federal High -Intensity Drug Trafficking grant on
behalf of the Dakota County Drug Task Force.
I. It was recommended to approve the plans and specifications for Contract No. 18-01 (2018
Street Revitalization) and authorize the advertisement for a bid opening to be held at 10:30 a.m.
on Thursday, March 8, 2018.
J. It was recommended to approve a resolution amending the 5 -year Capital Improvement Plan
(2017-2021) to move the schedule of the reconstruction of 120th Street (Pine Lane to Biscayne
Avenue, Project 1277) from 2017 to 2018.
K. It was recommended to approve the final payment for Contract 16-23 (Country Hollow Lift
Station — Sanitary Sewer Improvements) in the amount of $16,125.76 to G.F. Jedlicki, Inc., and
accept the improvements for perpetual City maintenance subject to warranty provisions.
L. It was recommended to approve a Temporary License Agreement with Magellan Midstream
Partners, L.P. and authorize the Mayor and City Clerk to execute all related documents.
M. It was recommended to approve a relocation agreement with Xcel Energy for City Project No.
1245 (Quarry Road — Street and Park Improvements), and authorize the Mayor and City Clerk to
execute all related documents.
N. It was recommended to schedule a Public Hearing for the Lebanon Hills Area 115kV
Transmission Line Project to be held on March 6, 2018.
0. It was recommended to approve a Final Planned Development for development of a 3 -story
57,000 leasable SF office building and a three-level approximately 434 -stall parking structure on
Lot 4, Block 1, Viking Lakes 2nd Addition located at 2845 Vikings Circle.
P. It was recommended to schedule a Public Hearing on February 20, 2018, as required by
Minnesota Statutes Sections 116J.993 to 116J.995 to consider a grant contract, a Minnesota
Investment Fund Loan Agreement, and other documents related to Medial Equipment Solutions,
Inc. dba Purair Products for its business development in the City of Eagan.
Q. It was recommended to schedule a Public Hearing for March 6, 2018 to consider final
assessment of the delinquent nuisance abatement bills and certify them to Dakota County for
collection with property taxes.
R. It was recommended to schedule a Public Hearing for March 6, 2018 to consider final
assessment of the delinquent utility bills and certify them to Dakota County for collection with
property taxes.
S. It was recommended to approve an On -Sale Wine and Beer License for Cosmos Diner, LLC doing
business as Cosmos Diner, located at 1891 Silver Bell Road.
PUBLIC HEARINGS
Renewal of Comcast Cable Franchise Ordinance
City Administrator Osberg introduced the item noting the City of Eagan has been in cable franchise
renewal negotiations with Comcast and has reached agreement on terms for a new 10 -year franchise.
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Attorney Brian Grogan, Moss & Barnett, gave a presentation providing an overview of the key terms for
the new 10 -year franchise.
Communications Director Garrison was available for questions.
Mayor Maguire opened the public hearing. There being no public comment he turned the discussion
back to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an ordinance
granting a cable television franchise to Comcast of Minnesota, Inc. and authorizing Mayor to execute
said ordinance. Aye: 4 Nay: 0
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a letter of
agreement between the City and Comcast and authorized Mayor and staff to execute the letter of
agreement. Aye:4 Nay:0
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a summary of the
Ordinance, and authorize staff to publish the ordinance summary. Aye: 4 Nay: 0
Fen Way — Right -of -Way Vacation
City Administrator Osberg introduced the item noting the Council is being asked to hold the public
hearing to consider the vacation right-of-way on Fen Way. The action is to continue the public hearing
to February 20, 2018 on the consideration of the vacation. Osberg noted a concern notification was
received from Twin Cities Premium Outlet mall requesting additional time to address the impact of the
vacation.
City Engineer Gorder gave a staff report and provided a site map.
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 continue the public
hearing to the February 20, 2018 City Council meeting. Aye: 4 Nay: 0
OLD BUSINESS
There were no old business items to be heard.
NEW BUSINESS
Rezoning, Preliminary Planned Development and Final Planned Development—
Commercial Investment Properties
City Administrator Osberg introduced the item noting the Council is being asked to consider approval of
a Rezoning from (CGD) Cedar Grove District to (PD) Planned Development for Outlot B, Paragon
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Addition and a Preliminary Planned Development for Outlot B, Paragon Addition to allow a five -story,
151 -unit multi -family residential development with approximately 7,600 s.f. of commercial restaurant
space on the first level, including outdoor dining and on -sale liquor.
City Planner Ridley gave a staff report and provided a site map. Ridley noted the staff report
inadvertently omitted a deviation for the amount of supplemental storage space less than the City Code
standard of 150 cubic feet per unit. Each of the 151 units is provided with a supplemental storage
locker, 88 having 96 cubic feet and 632 having 150 cubic feet. If acceptable to City Council, condition #8
listed in the Advisory Planning Commission minutes would be deleted.
Charlie Sullivan, Commercial Investment Properties, was available for questions.
Mayor Maguire opened the item for public comment. There being no public comment, he turned the
discussion back to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Rezoning from
CGD (Cedar Grove District) to PD (Planned Development) for Outlot B, Paragon Addition and the
proposed vacated Fen Way right-of-way, located between Cedar Grove Parkway and Eagan Outlets
Parkway west of Rahn Road. Aye: 4 Nay: 0
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Preliminary
Planned Development for Outlot B, Paragon Addition and the proposed vacated Fen Way right-of-way,
to allow a five -story, 151 -unit multi -family residential development with approximately 7,600 s.f. of
commercial restaurant space on the first level, including outdoor dining and on -sale liquor, subject to
the following modified conditions: Aye: 4 Nay: 0
1. A Final Planned Development Agreement shall be executed for the development prior to
issuance of a building permit. The following plans are necessary for the Final Planned
Development Agreement:
a. Final Site Plan
b. Final Building Elevations
c. Final Landscape Plan
d. Final Signage Plan
e. Final Site Lighting Plan
Trash storage shall be located within the building.
3. All outdoor dining areas shall be designed and operated consistent with City Code requirements
of Section 11.70, Subd. 29.
4. A detailed patio seating plan shall be provided for the Final Planned Development Agreement.
5. All site lighting shall be shielded and downcast, and illumination consistent with CGD zoning
standards. The mounting height for site lighting shall not exceed the CDG maximum of 20 feet.
6. A revised Site Lighting Plan shall be provided at the time of Building Permit application,
including the wall mounted and accent lighting and additional lighting to illuminate the entire
stretch of parallel parking along the south side of the building.
7. The cast in place concrete shall have a decorative treatment that is integral to the material, and
detail of the finish treatment shall be provided for the Final Planned Development Agreement.
the 150 h' feet peF '+ standard, pFiep+e e +ieR of the Final WaRnPEd DPEVelenr.n At
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9. Consistent interior window treatments shall be provided within the multiple residential
building, for windows that are visible from a public street or open space.
10. A Sign Permit shall be required prior to the installation of all signs, both building mounted and
monument signs.
11. This development shall be allowed at one monument sign at the northeast corner of the site (at
Rahn Road and Eagan Outlets Parkway intersection). The monument sign shall be subject to
compliance with the design standards in the City Code, including the minimum 10' setback from
property lines and a location that does not conflict with easements.
12-. Building signage shall be consistent with what is shown on the Building Elevations, with the
design and type of sign construction in compliance with City Code standards.
13. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City
Code.
14. Rooftop mechanical units shall be shown on the plans submitted for Building Permit, with
screening provided in accordance with City Code requirements.
15. The applicant shall design, install, and maintain, a landscape monument at the intersection of
Rahn Road and Cedar Grove Parkway, consistent with the design of the city owned monuments
being installed in the area along Silver Bell Road, Nicols Road, and Cedar Grove Parkway, as
shown in the applicant's entrance monument concept in the landscape plan dated 1/12/2018.
16. The applicant shall enter into an encroachment and maintenance agreement for the landscape
monument, in a form acceptable to the City Attorney prior to execution of the Final Planned
Development.
17. 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.
18. This development shall satisfy required tree mitigation through the on-site planting of four (4)
Category B trees.
19. 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.
20. 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.
21. 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.
22. Erosion control measures shall be installed and maintained in accordance with City code and
engineering standards.
23. 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.
24. The applicant shall be responsible to re -stripe all adjacent streets to accommodate this
development, in a manner acceptable to the City Engineer. This development shall provide
hydrant spacing and locations in accordance with City Fire Department and Public Works
standards.
25. Any construction activities that damage public infrastructure shall be restored or by the
applicant in a manner acceptable to the City Engineer.
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26. The applicant shall enter into a landscape maintenance agreement for this monument, in a form
acceptable to the City Attorney.
27. Standard 10 foot wide drainage and utility easements shall be dedicated adjacent to all public
rights -of -ways (except where the building is within 10 feet of the right-of-way), and on either
side of public utilities.
28. No entrance monuments or retaining walls shall be allowed within a drainage and utility
easement.
29. Electrical power shall be extended from the street lighting system to the entrance monument
for future lighting or other needs.
30. The applicant shall enter into an encroachment agreement for the entrance monument to be
located within the drainage and utility easement, in a form acceptable to the City Attorney.
31. The applicant shall provide an easement for the landscape monument at the intersection of
Rahn Road and Cedar Grove Parkway, in a form acceptable to the City Attorney.
32. The applicant shall obtain a right-of-way permit for any work within the right-of-way, and be
responsible to restore the street, curb and gutter, trail/sidewalks, and boulevard in a manner
acceptable to the City Engineer.
33. The applicant shall provide an easement of sufficient size to allow access and maintenance
along the parking garage adjacent to this property, in a form acceptable to the City Attorney.
34. The applicant shall be responsible to repair or reconstruct any pedestrian facility damaged
during construction activities in a manner acceptable to the City Engineer.
35. The applicant shall provide a sidewalk easement over the public sidewalk along the parking
garage, and a trail easement along Cedar Grove Parkway, in a form acceptable to the City
Attorney.
36. No construction equipment or vehicles shall use the Cedar Grove Parking Garage during
development of this site.
37. All perimeter construction fencing shall be installed a minimum of 5' behind the curb between
Nov. 15 and April 15.
38. No construction staging or construction activities shall occur in the right-of-way.
39. No lane or shoulder restrictions shall occur on any adjacent roadways without prior approval by
the City Engineer.
40. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide
telecommunications fiber to the premises (FTTP). The applicant shall provide a civil drawing plan
for outside plant (including handholes and conduit path) work as well as an electrical plan for
inside plant work to be reviewed and approved by City staff. This development shall include the
installation of fiber optic cable in its construction plans at the time of Building Permit.
41. The applicant shall install public street lighting, with a style and spacing consistent with the
surrounding corridor, along Cedar Grove Parkway, Rahn Road, and Eagan Outlets Parkway.
42. The street lighting plans and specifications shall be approved by the City prior to the issuance of
a building permit.
43. The applicant shall install privately owned and maintained pedestrian light bollards, with a
design consistent with the trail lighting along Central Parkway, along the public sidewalk
adjacent to the parking garage.
44. All existing public street lighting wiring shall not be damaged during construction activities. In
the event any damage occurs, repairs or replacement shall be performed in a manner
acceptable to the City Engineer.
45. The applicant shall obtain all outside agency permits as necessary for completion of the site
improvements.
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Planned Development Amendments — Viking Lakes
City Administrator Osberg introduce the item noting the Council is being asked to consider approval of a
Planned Development Amendment to allow alcohol sales and consumption, including tailgating, and a
Planned Development Amendment to allow construction of a 100' tall communications monopole and
supporting equipment facility.
City Planner Ridley gave a staff report and provided site maps.
Steve Poppen, Minnesota Vikings, addressed the Council regarding condition 4 under the Planned
Development Amendment to allow alcohol sales and consumption, including tailgating. He noted the
single largest complaint the Vikings receive by tailgaters is they can't have an open flame or fire pit. He
asked the Council if they would be open to allowing a conversation with the Fire Chief and Police Chief
to see if there are other alternatives.
Mayor Maguire opened the item for public comment. There being no public comment, he turned the
discussion back to the Council.
The Council discussed the Planned Development Amendments. It was the consensus of the Council to
continue the Planned Development Amendment regarding alcohol sales and consumption and
tailgating, to the February 20, 2018 City Council meeting, and to allow further discussion regarding open
flames or fire pit restrictions with the Fire Chief and Police Chief.
Councilmember Fields moved, Councilmember Bakken seconded a motion to continue a Planned
Development Amendment to allow alcohol sales and consumption, including tailgating, at Viking Lakes
generally located at 2600 Vikings Circle to the February 20, 2018 City Council meeting. Aye: 4 Nay: 0
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned
Development Amendment to allow construction of a 100' tall communications monopole and
supporting equipment facility located at 2600 Vikings Circle, subject to the following conditions: Aye: 4
Nay: 0
1. An Amendment to the Final Planned Development Agreement shall be executed, in a form
acceptable to the City Attorney, and recorded against the property within 90 days of City
Council approval. The Agreement shall include the following exhibits:
a. Site Plan
b. Equipment enclosure elevation drawings
c. Landscape Plan, if necessary
2. Gravel shall not be allowed for the construction of the driveway access.
3. If recycled asphalt aggregate is used for the driveway access, the site will be subject to periodic
review by city staff for adequacy of the material to control erosion, dust, and drainage. If the
material is determined to be inadequate, the City will require that it be replaced with
bituminous asphalt.
4. The applicant shall be responsible for obtaining any required permits from other agencies.
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5. The applicant shall obtain a right of way permit and be responsible to restore the street, curb
and gutter, and boulevard in a manner acceptable to the City Engineer.
6. A detailed Grading and Erosion -Control Plan shall be provided, with identification of temporary
and permanent erosion and sediment controls to be implemented, in a manner acceptable to
the City Engineer.
Planned Development Amendment — Lifetime Fitness / LTF Real Estate Company, LLC
City Administrator Osberg introduced the item noting the Council is being asked to consider a Planned
Development Amendment to construct an approximately 9,700 sq. ft. building expansion located at
1565 Thomas Center Drive.
City Planner Ridley gave a staff report and provided a site map.
Justin Schmitt, applicant, was available for questions.
Mayor Maguire opened the item for public comment. There being no public comment, he turned the
discussion back to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned
Development Amendment to construct an approximately 9,700 sq. ft. building expansion located at
1565 Thomas Center Drive, subject to the following conditions: Aye: 4 Nay: 0
1. An Amendment to the Blackhawk Park Planed Development shall be executed and recorded
with the Dakota County Recorder's office. Proof of recording shall be provided to the City. The
PD Amendment Agreement shall include the following exhibits:
a. Site Plan
b. Elevation Plan
c. Landscape Plan
2. The building addition shall be constructed according to the Site Plan dated January 2, 2018.
3. The Exterior Elevation Plan shall be revised to include existing and proposed building materials
and colors. The proposed exterior finish materials and colors shall match the existing building.
4. A Building Permit shall be required before any construction work may commence.
5. All other terms and conditions of the Planned Development Agreement shall remain in full force
and effect.
6. This development shall meet the City's Post Construction Stormwater Management
Requirements (City Code §4.34) for stormwater management and surface water quality,
including Runoff Rate Control and 1.1" Volume Control of the site's proposed impervious
surface area 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
sufficient documentation of the proposed retention volume and impervious treatment areas for
the individual basin areas to demonstrate that a minimum of 1,468 cubic feet of retention will
be provided for stormwater runoff for a minimum impervious area of 16,020 square feet, to
ensure volume control requirements are fully met for the impervious drainage areas.
8. 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 linear infiltration basin area and a
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minimum of one soil boring log within the small island basin, extending a minimum of 6 -feet
below the bottom of all proposed infiltration features 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, or shallow groundwater conflict, 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 areas.
9. Prior to receiving city approval to permit land disturbing activity, the applicant shall clarify
infiltration basin construction plans, details and notes to clarify appropriate sub -soil over -
excavation depth, based on soil borings, bioretention soil media replacement, sub -soil ripping,
construction notes to prevent equipment within the basin during and after construction, and
effective erosion control at base and top of side -slopes, stable inlets, etc. in accordance with
Public Works standards.
10. Prior to receiving city approval to permit land disturbing activity, the applicant shall clarify
infiltration basin details on the planting plan to ensure live -planting across the entirety of the
basin bottoms (24 -inch o.c. max spacing) with plants appropriate to the expected soil moisture
conditions, to the satisfaction of the City Engineer.
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 on each parcel, in a form
acceptable to the City Attorney.
12. Before the city returns any Stormwater-related Performance Guarantee Fees on the
development site, the applicant shall be able to demonstrate to the City Engineer that the
infiltration basins and soil management strategies fully function and conform to stormwater
requirements.
Comprehensive Guide Plan Amendment — Costco Wholesale c/o TJ Design
City Administrator Osberg introduced the item noting the action for the Council's consideration is to
direct staff to submit to the Metropolitan Council a Comprehensive Guide Plan Amendment to change
the land use designation from (MO) Major Office to (RC) Retail Commercial upon approximately 18.1
acres.
City Planner Ridley gave a staff report and provided a site map.
Mayor Maguire opened the item for public comment. There being no public comment, he turned the
discussion back to the Council.
Ted Johnson, Costco's Development Director for Midwest Projects, was available for questions.
The Council discussed the Comprehensive Guide Plan Amendment.
Councilmember Hansen moved, Councilmember Fields second a motion to direct staff to submit to the
Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation from
MO (Major Office) to RC (Retail Commercial) upon approximately 18.1 acres located east of Hwy 55 and
north of Blue Gentian Road, southeast of the 1-494 /1-35E interchange. Aye: 4 Nay: 0
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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 Hansen moved, Councilmember Bakken seconded a motion to adjourn the meeting at
7:34 p.m. Aye: 4 Nay: 0
a- 0?p - mol
Date
Mayor
City Clerk