10/16/2018 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
OCTOBER 16, 2018
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmember Bakken, Fields, Hansen and Tilley.
Kay Sparrow, 1220 Town Centre Drive, addressed the Council with a request to install an all -way stop
sign at the intersection of Promenade Avenue and Town Centre Drive. The Council and staff discussed
the request. Mayor Maguire stated why it would not be appropriate to have an all -way stop sign
installed at this location based upon engineering criteria. It was the consensus of the Council to have
staff review whether the City's crosswalk policy would warrant a crosswalk at this location and bring the
results back to the Public Works Committee for a recommendation on a future City Council agenda.
Lori La Chapelle, resident, addressed the Council with concerns regarding vehicles running stop signs on
private properties, such as commercial retail centers.
A regular meeting of the Eagan City Council was held on Tuesday, October 16, 2018 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, Public Works
Director Matthys, Parks and Recreation Director Pimental, Executive Director ETV Mclntee, City Planner
Ridley, Finance Director Pepper, Deputy Police Chief Fineran, Fire Chief Scott, City Attorney Dougherty
and Executive Assistant Stevenson.
AGENDA
City Administrator Osberg noted a Closed Session will be held immediately following the Council
meeting to discuss a possible tentative labor agreement with the International Association of Fire
Fighters — representing the full time Fire Captains in the Eagan Fire Department.
Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the agenda as
amended. Aye:5 Nay:0
RECOGNITIONS AND PRESENTATION
There were no recognitions and presentations.
CONSENT AGENDA
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the consent
agenda as present: Aye: 5 Nay: 0
A. It was recommended to approve the minutes of October 2, 2018 regular City Council meeting, as
presented or modified.
B. Personnel Items:
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October 16, 2018
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1. It was recommended to approve the status change of Elizabeth Peifer from a temporary
employee to Full Time Regular employee as a Human Resources Generalist.
2. It was recommended to authorize the hiring of seasonal part time recurring, non -benefit
eligible positions for Custodian I — Civic Arena, Preschool Instructor, and Guest Services
Representatives.
3. It was recommended to accept the retirement/resignation of Mr. Lloyd Enos, part time
Property Room Technician and authorize the replacement with a full time Evidence
Technician.
4. It was recommended to approve a resolution authorizing Attorney William Laak to sign a
settlement agreement on behalf of the City Council.
C. It was recommended to ratify the check registers dated September 28 and October 5, 2018.
D. It was recommended to approve the ordinary and customary contracts with Eagan Hockey
Association, Contractual Street Plowing, Gramercy Park Senior Cooperative, Michael & Keevan
Kosidowski, and Minnesota Native Landscapes.
E. It was recommended to authorize the Appointment of Community Development Director Jill
Hutmacher to serve on the Eagan Convention and Visitors Bureau Board of Directors and
designate as the City's liaison to the Board.
F. It was recommended to approve a Final Plat consisting of one lot on approximately one acre
located at 2111 Wuthering Heights Road, and to authorize the issuance of a Footing &
Foundation Permit prior to recording of the Final Plat.
G. Item was removed.
H. It was recommended to approve an Indefeasible Right to Use (IRU) fiber optic lease agreement
with Dakota County for fiber connecting to DataBank Data Center.
I. It was recommended to approve a purchase agreement with Costco Wholesale Corporation for
the sale of excess right of way in northeast Eagan.
J. It was recommended to authorize the City Attorney to commence a quiet title action to remove
use restriction for property in northeast Eagan.
K. It was recommended to approve Change Order No. 3 for Contract 18-05 (Central Maintenance
Facility — Phase II Improvements), and authorize the Mayor and City Clerk to execute all related
documents.
L. It was recommended to authorize submittal of an application to the Minnesota Department of
Natural Resources (DNR) State Park Road Account Program for street improvements to Nicols
Road (north of the Union Pacific Railroad), and authorize the Mayor and City Clerk to execute all
related documents.
M. It was recommended to accept the Extended Warranty Agreement with McWane Ductile for the
Summerbrooke Addition water main pipe and authorize the Mayor and City Clerk to execute all
related documents.
N. It was recommended to approve a resolution in support of Dakota County Transportation
Department's draft 5 -year Capital Improvement Program for 2019-2023.
O. It was recommended to approve a resolution in support of a grant application to the Minnesota
Department of Transportation (MnDOT) Noise Wall Program for a new 850 feet long noise wall
along the east side of 1-35E, near Englert Road, and authorize the Mayor and City Clerk to
execute all related documents.
P. It was recommended to approve an agreement with MVE Hotel, LLC, for the installation of
public improvements, and authorize the Mayor and City Clerk to execute all related documents.
Q. It was recommended to approve Change Order Number 1 to Gerling and Associates contract
with the City of Eagan and City of Burnsville (Cities). The order extends the Cities acceptance
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October 16, 2018
3 page
date of the truck to November 16, 2018 which is approximately 10 business days later than the
original contract terms. And to approve Change Order Number 1 to AVI Systems, Inc. contract
with the Cities that moves the acceptance date to December 10, 2018, which is approximately
25 business days later than the original contract terms.
R. It was recommended to approve Change Order #4 for Project 18-06, Police Department and City
Hall Renovation.
S. It was recommended to approve contract with AVI Systems, Inc. to procure and install ETV
broadcast equipment for the newly remodeled training room.
T. It was recommended to approve a resolution appointing election judges for the November 6,
2018 General Election.
U. It was recommended to approve the 2018-2019 Airport Relations Commission Work Plan.
V. It was recommended to approve the Energy and Environment Advisory Commission Work Plan
for the upcoming working year for that commission.
PUBLIC HEARINGS
Variance — Eagan Self Storage — A Variance to the Building Material standards
located at 540 Yankee Doodle Road
City Administrator Osberg introduced the item noting the Council is being asked to consider a Variance
to allow insulated metal panels as a Class II building material for a new structure at 540 Yankee Doodle
Road.
City Planner Ridley provided a staff report and a site map of the area.
Jeff Johnson, Johnson Property Services, LLC, provided a summary of the request.
The Council discussed the request. Councilmember Bakken noted construction materials and
techniques change overtime. The proposed material seems to be a durable material and, if acceptable,
the course of action would be to update the City Code.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
After further discussion, it was the consensus of the Council to table the item to allow evaluation of the
materials currently listed in City Code and bring back those findings to the December 18, 2018 City
Council meeting. Mr. Johnson agreed.
Councilmember Fields moved, Councilmember Bakken seconded a motion to table the variance request
to the December 18, 2018 City Council meeting. Aye: 5 Nay: 0
Final Assessments for Project 1245, Quarry Road Street Extension
Project 1258, Galaxie Avenue Street Improvements
Project 1259, Heine 1" Addition Street Improvements
Project 1264, Wescott Woodlands Street Improvements
Project 1274, Rocky Lane Street Improvements
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October 16, 2018
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Public Works Director Matthys gave an overview of Projects 1245, 1258, 1259, 1264, and 1274. He
noted the Final Assessment Rolls were presented to the City Council on September 17, 2018, with public
hearings scheduled for October 16, 2018 to formally present the final costs associated with these public
improvements to the affected benefitting properties.
Mayor Maguire opened the public hearings. There being no public comment, he turned the discussion
back to the Council.
Councilmember Tilley moved, Councilmember Bakken seconded a motion to close the public hearings
and approve the Final Assessment Rolls for Project 1245 (Quarry Road), Project 1258 (Galaxie Avenue),
Project 1259 (Heine 1St Addition), Project 1264 (Wescott Woodlands), Project 1274 (Rocky Lane), and
authorize their certification to Dakota County for collection. Aye: 5 Nay: 0
Final Subdivision and Final Development for Summerbrooke 2nd Addition
And Vacate Easements on Lots 1 & 2, Block 2, and Lot 2, Block 3, Summerbrooke,
Easement per Document #995954 located on 755 Diffley Road
City Administrator Osberg noted the Council is being asked to consider a Final Subdivision
(Summerbrooke 2nd Addition) of 6 acres to create 6 single-family lots, a Final Planned Development for
the development of 2 additional single-family homes, and the vacation of public drainage and utility
easements on Lots 1 & 2, Block 2 and Lot 2, Block 3 Summerbrooke Addition, and a ponding and utility
easement all for property located at 755 Diffley Road.
Public Works Director Matthys gave a staff report.
Kurt Manley, applicant, was available for questions.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the vacation of
public drainage and utility easements on Lots 1 & 2, Block 2 and Lot 2, Block 3 Summerbrooke Addition,
and a ponding and utility easement at 755 Diffley Road per Document No. 995954. Aye: 5 Nay: 0
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Final
Subdivision (Summerbrooke 2nd Addition) of 6 acres to create 6 single-family lots for property located at
755 Diffley Road and parcels legally described at Lots 1 and 2, Block 2 and Lot 2, Block 3, Summerbrooke
1St Addition. Aye: 5 Nay: 0
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Final Planned
Development for the development of 2 additional single-family homes, for 5 acres upon property
located at 755 Diffley Road. Aye: 5 Nay: 0
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Vacate Public Easement on Outlot A, Kieffer Addition and Outlot B, Hills of Stonebridge
Public Works Director Matthys introduced the item noting on September 4, 2018, City staff received a
petition from Mrs. Barbara McMahone, the owner of Outlot A Kieffer Addition, and Outlot B Hills of
Stonebridge Addition (3955 Dodd Road), requesting the vacation of existing public drainage and utility
easements within those parcels.
Mayor Maguire opened the public hearing. 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
continue consideration of the vacation of public drainage and utility easements on Outlot A Kieffer
Addition, and Outlot B Hills of Stonebridge. Aye: 5 Nay: 0
OLD BUSINESS
Comprehensive Guide Plan Amendment, Rezoning, Preliminary Planned
Development and a Preliminary Subdivision — Southview Senior Living
City Administrator Osberg introduced the item noting the Council tabled the item at their meeting on
September 17, 2018 to allow City staff to work with the developer on a "Pocket Park" design. Before the
Council tonight is four actions to be considered; a Comprehensive Guide Plan Amendment to change the
land use designation from BP (Business Park to HD (High Density Residential), a Rezoning from BP to PD,
Planned Development, a Preliminary Planned Development to allow a 4 -story senior housing facility
with a preschool, and a Preliminary Subdivision of approximately 39 acres to create two lots located at
3355 Discovery Road.
City Planner Ridley gave a staff report and provided a site map.
The applicant was available for questions.
Parks and Recreation Director Pimental gave an overview on the amenities of the pocket park.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Tilley moved, Councilmember Fields seconded a motion to implement a
Comprehensive Guide Plan Amendment to change the land use designation from BP (Business Park to
HD (High Density Residential) upon approximately 7.9 acres located in the NE quadrant of Lexington
Avenue and Yankee Doodle Road. Aye: 4 Nay: 1 (Bakken)
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Rezoning from
BP to PD, Planned Development, upon approximately 7.9 acres located in the NE quadrant of Lexington
Avenue and Yankee Doodle Road. Aye: 5 Nay: 0
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6 page
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Preliminary
Planned Development to allow a 4 -story senior housing facility with a preschool upon approximately
7.9 acres located in the NE quadrant of Lexington Avenue and Yankee Doodle Road, subject to the
following amended conditions: Aye: 5 Nay: 0
1. A Preliminary Planned Development Agreement shall be executed and recorded with the Dakota
County Recorder's office. The following exhibits shall be made part of the Preliminary Planned
Development Agreement:
• Site Plan
• Building Elevations
• Landscape Plan
• Tree Preservation & Mitigation Plan
• Site Lighting Plan
• Signage Plan
• Telecommunications Plan
• Utility Plan
2. This Preliminary Planned Development shall have a term of five (5) years.
3. The property shall be platted.
4. The Plat shall be revised to include the northerly parcel which is part of the Subdivision.
5. The Planned Development provides for a four-story 173 -unit senior housing facility with
underground parking and a preschool.
6. The proposed setback measurements shall be accurately shown on the Site Plan.
7. Building height above 35' shall be permitted per the Final Building Elevations.
8. Deviations to building setbacks and off-site signage shall be permitted as shown on the Final Site
Plan.
9. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City
Code.
10. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide
telecommunications fiber to the senior facility (FTTH) or conduit to the site to permit third party
providers to install FTTH within the development.
11. The garage doors shall be painted to match the building exterior.
12. All mechanical equipment shall be screened in accordance with the provisions of the City's
zoning code. The ground mounted equipment shall be shown on the Site Plan and screened
from off-site views. Roof mounted vents and other appendages shall match the roof color.
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7 page
13. The monument sign shall be subject to City Sign Code standards with a maximum 7' in total
height. A Sign Permit is required prior to sign installation.
14. The applicant shall enter into a Sign Agreement in a form acceptable to the City Attorney for the
directional signage for Skyline Displays.
15. The Lighting Plan shall be revised to identify the fixtures to be dark sky -compliant lights with no
light trespass and without glare.
16. The Landscape Plan shall be revised to incorporate foundation plantings adjacent to the
building, focusing on areas where sod maintenance may prove difficult due to the offsets of the
building.
17. The applicant shall replace impacted trees shall be elsewhere on site if proof -of -parking is
necessary to be built out in the future.
18. The Planting Plan shall be revised to include the two unmarked trees and the Plant Schedule
shall be revised to include the 20 Ivory Silk Lilac as shown on the plan.
19. In accordance with Section 11.70, Subd. 12-B-3 of the City Code, a financial guarantee for the
site landscaping shall be submitted at the time of Building Permit application. The guarantee
shall cover two calendar years following satisfactory completion and shall be released only upon
inspection and written notice of conformance by the city. For any landscaping that is
unacceptable, the applicant shall replace the material to the satisfaction of the city before the
guarantee is released. Where this is not done, the city, at is sole discretion, may use the
proceeds of the performance guarantee to accomplish performance.
20. The applicant shall fulfill tree mitigation requirements through the installation of one -hundred
eighty (180) Category B trees.
21. The applicant shall ensure the survival of preserved trees via a) Performance Guarantee
payment of $3,475.00, and b) protection of the tree's critical root zones through the placement
of required Tree Protective measures (i.e. orange colored silt fence or 4 -foot polyethylene
laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root
Zone, whichever is greater.
22. The applicant shall contact the City Forestry Division and set up a pre -construction site
inspection at least five days prior to the issuance of the grading permit to ensure compliance
with the approved Tree Preservation Plan and placement of the Tree Protection Fencing.
23. The applicant shall be responsible for a cash Park Dedication of $601,175, to be collected with
the Final Plat.
24 The applicant shall enter into a Public Access Agreement with the City, to include adjustments
to the cash parks dedication requirement of $601,175, subject to review and approval by the
City Attorney.
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25 The Development shall be responsible for a cash Trail Dedication of $44,364 collected with the
Final Plat.
26 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. Also, all personnel responsible for the installation of
erosion/ sediment control devices, and the establishment of vegetation for the development,
shall have received Erosion/Sediment Control Inspector/Installer certification through the
University of Minnesota, or approved equal training as determined by the City Engineer.
27. The applicant shall enter into an encroachment agreement for any retaining wall and entrance
monument located within a drainage and utility easement, in a form acceptable to the City
Attorney.
28. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
29. 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.
30. Prior to receiving city approval to permit land disturbing activity, the property owner shall
provide detailed Soil Management Strategies in the plan set for City review, and acceptance by
the City Engineer, that provide clear assurances that by final grading, prior to installation of any
irrigation, sod, permanent seeding or plant materials, 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 greater than 5% soil organic matter content and less than
200 psi of soil compaction in the top 12" of topsoil, to comply with City Volume Control
requirements. 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.) and shall
specify estimated quantities of soil ripping area and volume of compost to be imported and
incorporated. Prior to receiving a Certificate of Occupancy for any affected construction, Soil
Management Strategy implementation documentation (e.g. representative on-site soil samples,
compaction testing and soil organic content test results) shall be provided to City Water
Resources staff to verify approved soil management strategy compliance.
31. 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 any proposed 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,
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
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October 16, 2018
9 page
ensure volume control requirements are fully met for the mitigated impervious drainage area,
to the satisfaction of the City Engineer.
32. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide
construction details of the proposed infiltration basins for City review/acceptance by the City
Engineer and include in construction plans. Construction details on plan sheets shall include
detailed infiltration basin cross-section(s), construction sequencing/protection/restoration
notes, sizing/volume tables to demonstrate compliance with minimum volume control retention
including detailing drainage areas for the proposed basin, details for stable
inlets/outlets/emergency overflows, unobstructed inspection/maintenance access areas to
inlets/outlets, soil amendment criteria, planting details (including live planting at 18 -inch on -
center spacing with seeding of all basin bottoms, and seeding of side -slopes), temporary and
permanent erosion -control details, etc., to ensure infiltration practice is properly designed,
constructed, planted, and adequately protected during / after construction to prevent clogging,
and able to be properly maintained (e.g. unobstructed equipment access, etc.) to function as
intended. These graphical details and notes shall be prominently included in all applicable plan
sheets (e.g. Grading Plan, Utility Plan, Landscape Plan, etc.).
33. During infiltration system (basin and underground) 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 0.9 -inch per hour (based
on 0.45 -inch per hour design rate with safety factor) or greater (but less than 8.0 -inch per hour).
If the sub -soil infiltration rates are less than 0.9 -inch per hour (or greater than 8.0 -inch per
hour), the applicant shall immediately notify the City Engineer and revise the volume control
practice(s) design and construction as necessary (e.g. over-excavation/soil-amendment depth,
iron -sand filter over drain -tile, etc.) to ensure volume control requirements are fully met.
Documentation shall be provided to the City within 48 -hours after infiltration testing. The
applicant shall ensure that the City Water Resources staff is provided 24-hour advance notice of
the occurrence of infiltration verifications and also provided notice prior to any excavation
and/or soil backfilling within the infiltration practices, to arrange for inspections.
34. The applicant shall clarify underground stormwater infiltration system details, including that a)
no geosynthetic fabric will be installed below the chambers, with the exception of any isolator
row and the sides and top of the underground system, b) sub -soils shall have be of appropriate
composition and minimal compaction to ensure adequate infiltration capability; c) no limestone
material is allowed beneath, between or immediately on top of the chamber system, d) 10 -inch
minimum diameter inspection ports will be provided on all chamber rows, and e) physical access
via manhole will be provided to the isolator row for inspection and maintenance.
35. The applicant shall provide adequately sized pre-treatment structure (e.g. 4 -foot minimum
depth sump, 5 -foot minimum diameter, with floatable skimmer hood, etc.) at, or immediately
upstream of, any stormwater infiltration facility (e.g. infiltration basin, underground infiltration
system) inlet to provide for effective capture and easily -accessible cleanout of fine -sand sized
particles and floatable pollutants. Pre-treatment structures shall be accessible by appropriate
maintenance equipment. Details shall be included in applicable plan sheet(s) using Eagan
Standard Detail Plate E231.
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10 page
36. 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.
37. Before the city returns any Stormwater-related Performance Guarantee Fees on the
development site, the applicant shall demonstrate that all stormwater management practices
are performing as intended and shall provide the City Engineer as -built plans that demonstrate
that all constructed stormwater conveyance structures, stormwater management facilities
(sump(s), pipe galleries, infiltration basin, CDS structures, wet pond, etc.), including soil
loosening & amendment prior to landscaping, conform to design and/or construction plans, as
approved by the City. As -built volumes shall be provided for the pond and infiltration basin.
Video of final inspection of clean underground pipe gallery system and contributing stormsewer
shall be provided to the City Engineer. 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.
38. The developer shall be responsible to restore the street, curb and gutter, and boulevard
damaged by installation of utilities and the driveway entrance, in a manner acceptable to the
City Engineer.
39. 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.
40. The applicant shall provide a contractor parking plan in a form acceptable to the City Engineer,
at the time of Final Subdivision approval.
41. The applicant shall be responsible for the acquisition of all regulatory agency permits required
by the affected agency prior to final plat approval.
42. If parking is found to be inadequate, then the parking shall be constructed in a manner
acceptable to the City Engineer.
43. The applicant shall enter into a Public Access Agreement with the City to include adjustments
for park dedication for trails and park subject to review and approval by the City Attorney.
Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a Preliminary
Subdivision of approximately 39 acres to create two lots located at 3355 Discovery Road, subject to the
following amended conditions: Aye: 5 Nay: 0
1. The applicant shall comply with these standards conditions of plat approval as adopted by
Council on February 2, 1993: Al, B1, B2, B3, B4, C1, C2, C4, E1, F1, G1 and H1
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October 16, 2018
11 page
2. The property shall be platted.
3. The Plat shall be revised to include the northerly parcel which is part of the Subdivision.
4. The following plans shall be revised and submitted prior to Final Subdivision approval:
• Site Plan
• Building Elevations
• Landscape Plan
• Tree Preservation & Mitigation Plan
• Site Lighting Plan
• Signage Plan
• Telecommunications Plan
• Utility Plan
5. The Preliminary Planned Development shall have a term of five (5) years.
6. The Planned Development provides for a four-story 173 -unit senior housing facility with
underground parking and a preschool.
7. The proposed setback measurements shall be accurately shown on the Site Plan.
8. Building height above 35' shall be permitted per the Final Building Elevations.
9. Deviations to building setbacks and off-site signage shall be permitted as shown on the Final Site
Plan.
10. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City
Code.
11. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide
telecommunications fiber to the senior facility (FTTH) or conduit to the site to permit third party
providers to install FTTH within the development.
12. The garage doors shall be painted to match the building exterior.
13. All mechanical equipment shall be screened in accordance with the provisions of the City's
zoning code. The ground mounted equipment shall be shown on the Site Plan and screened
from off-site views. Roof mounted vents and other appendages shall match the roof color.
14. The monument sign shall be subject to City Sign Code standards with a maximum 7' in total
height. A Sign Permit is required prior to sign installation.
15. The applicant shall enter into a Sign Agreement in a form acceptable to the City Attorney for the
directional signage for Skyline Displays.
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October 16, 2018
12 page
16. The Lighting Plan shall be revised to identify the fixtures to be dark sky -compliant lights with no
light trespass and without glare.
17. The Landscape Plan shall be revised to incorporate foundation plantings adjacent to the
building, focusing on areas where sod maintenance may prove difficult due to the offsets of the
building.
18. The applicant shall replace impacted trees shall be elsewhere on site if proof -of -parking is
necessary to be built out in the future.
19. The Planting Plan shall be revised to include the two unmarked trees and the Plant Schedule
shall be revised to include the 20 Ivory Silk Lilac as shown on the plan.
20. In accordance with Section 11.70, Subd. 12-13-3 of the City Code, a financial guarantee for the
site landscaping shall be submitted at the time of Building Permit application. The guarantee
shall cover two calendar years following satisfactory completion and shall be released only upon
inspection and written notice of conformance by the city. For any landscaping that is
unacceptable, the applicant shall replace the material to the satisfaction of the city before the
guarantee is released. Where this is not done, the city, at is sole discretion, may use the
proceeds of the performance guarantee to accomplish performance.
21. The applicant shall fulfill tree mitigation requirements through the installation of one -hundred
eighty (180) Category B trees.
22. The applicant shall ensure the survival of preserved trees via a) Performance Guarantee
payment of $3,475.00, and b) protection of the tree's critical root zones through the placement
of required Tree Protective measures (i.e. orange colored silt fence or 4 -foot polyethylene
laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root
Zone, whichever is greater.
23. The applicant shall contact the City Forestry Division and set up a pre -construction site
inspection at least five days prior to the issuance of the grading permit to ensure compliance
with the approved Tree Preservation Plan and placement of the Tree Protection Fencing.
24. The Development shall be responsible for a cash Park Dedication of $601,175 collected with the
Final Plat.
25. The Development shall be responsible for a cash Trail Dedication of $44,364 collected with the
Final Plat.
26. 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. Also, all personnel responsible for the installation of
erosion/ sediment control devices, and the establishment of vegetation for the development,
shall have received Erosion/Sediment Control Inspector/Installer certification through the
University of Minnesota, or approved equal training as determined by the City Engineer.
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October 16, 2018
13 page
27. The applicant shall enter into an encroachment agreement for any retaining wall and entrance
monument located within a drainage and utility easement, in a form acceptable to the City
Attorney.
28. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
29. 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.
30. Prior to receiving city approval to permit land disturbing activity, the property owner shall
provide detailed Soil Management Strategies in the plan set for City review, and acceptance by
the City Engineer, that provide clear assurances that by final grading, prior to installation of any
irrigation, sod, permanent seeding or plant materials, 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 greater than 5% soil organic matter content and less than
200 psi of soil compaction in the top 12" of topsoil, to comply with City Volume Control
requirements. 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.) and shall
specify estimated quantities of soil ripping area and volume of compost to be imported and
incorporated. Prior to receiving a Certificate of Occupancy for any affected construction, Soil
Management Strategy implementation documentation (e.g. representative on-site soil samples,
compaction testing and soil organic content test results) shall be provided to City Water
Resources staff to verify approved soil management strategy compliance.
31. 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 any proposed 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,
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 mitigated impervious drainage area,
to the satisfaction of the City Engineer.
32. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide
construction details of the proposed infiltration basins for City review/acceptance by the City
Engineer and include in construction plans. Construction details on plan sheets shall include
detailed infiltration basin cross-section(s), construction sequencing/protection/restoration
notes, sizing/volume tables to demonstrate compliance with minimum volume control retention
including detailing drainage areas for the proposed basin, details for stable
inlets/outlets/emergency overflows, unobstructed inspection/maintenance access areas to
inlets/outlets, soil amendment criteria, planting details (including live planting at 18 -inch on-
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October 16, 2018
14 page
center spacing with seeding of all basin bottoms, and seeding of side -slopes), temporary and
permanent erosion -control details, etc., to ensure infiltration practice is properly designed,
constructed, planted, and adequately protected during / after construction to prevent clogging,
and able to be properly maintained (e.g. unobstructed equipment access, etc.) to function as
intended. These graphical details and notes shall be prominently included in all applicable plan
sheets (e.g. Grading Plan, Utility Plan, Landscape Plan, etc.).
33. During infiltration system (basin and underground) 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 0.9 -inch per hour (based
on 0.45 -inch per hour design rate with safety factor) or greater (but less than 8.0 -inch per hour).
If the sub -soil infiltration rates are less than 0.9 -inch per hour (or greater than 8.0 -inch per
hour), the applicant shall immediately notify the City Engineer and revise the volume control
practice(s) design and construction as necessary (e.g. over-excavation/soil-amendment depth,
iron -sand filter over drain -tile, etc.) to ensure volume control requirements are fully met.
Documentation shall be provided to the City within 48 -hours after infiltration testing. The
applicant shall ensure that the City Water Resources staff is provided 24-hour advance notice of
the occurrence of infiltration verifications and also provided notice prior to any excavation
and/or soil backfilling within the infiltration practices, to arrange for inspections.
34. The applicant shall clarify underground stormwater infiltration system details, including that a)
no geosynthetic fabric will be installed below the chambers, with the exception of any isolator
row and the sides and top of the underground system, b) sub -soils shall have be of appropriate
composition and minimal compaction to ensure adequate infiltration capability; c) no limestone
material is allowed beneath, between or immediately on top of the chamber system, d) 10 -inch
minimum diameter inspection ports will be provided on all chamber rows, and e) physical access
via manhole will be provided to the isolator row for inspection and maintenance.
35. The applicant shall provide adequately sized pre-treatment structure (e.g. 4 -foot minimum
depth sump, 5 -foot minimum diameter, with floatable skimmer hood, etc.) at, or immediately
upstream of, any stormwater infiltration facility (e.g. infiltration basin, underground infiltration
system) inlet to provide for effective capture and easily -accessible cleanout of fine -sand sized
particles and floatable pollutants. Pre-treatment structures shall be accessible by appropriate
maintenance equipment. Details shall be included in applicable plan sheet(s) using Eagan
Standard Detail Plate E231.
36. 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.
37. Before the city returns any Stormwater-related Performance Guarantee Fees on the
development site, the applicant shall demonstrate that all stormwater management practices
are performing as intended and shall provide the City Engineer as -built plans that demonstrate
that all constructed stormwater conveyance structures, stormwater management facilities
(sump(s), pipe galleries, infiltration basin, CDS structures, wet pond, etc.), including soil
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October 16, 2018
15 page
loosening & amendment prior to landscaping, conform to design and/or construction plans, as
approved by the City. As -built volumes shall be provided for the pond and infiltration basin.
Video of final inspection of clean underground pipe gallery system and contributing stormsewer
shall be provided to the City Engineer. 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.
38. The developer shall be responsible to restore the street, curb and gutter, and boulevard
damaged by installation of utilities and the driveway entrance, in a manner acceptable to the
City Engineer.
39. 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.
40. The applicant shall provide a contractor parking plan in a form acceptable to the City Engineer,
at the time of Final Subdivision approval.
41. The applicant shall be responsible for the acquisition of all regulatory agency permits required
by the affected agency prior to final plat approval.
42. If parking is found to be inadequate, then the parking shall be constructed in a manner
acceptable to the City Engineer.
43. The applicant shall enter into a Public Access Agreement with the City to include adjustments
for park dedication for trails and park subject to review and approval by the City Attorney.
Final Planned Development and authorize Footing and Foundation Permit —
Viking Lakes Conference Hotel — Outlot B, Viking Lakes
City Administrator Osberg"introduced the item noting the Council is being asked to consider approval of
a Final Planned Development for development of a 14 -story, approximately 320 room conference center
hotel, Viking Lakes 3`d Addition and to authorize the issuance of a Footing and Foundation permit prior
to recording the Final Subdivision.
City Planner Ridley gave a staff report and provided a site map. Ridley noted Lot 2 will be available for
proof of parking, if necessary. The proposed monument sign on O'Neil Drive, due to the odd shape of
the right-of-way, the proposed location is in O'Neil Drive right-of-way and will require an encroachment
agreement.
The applicant gave a presentation on the conference hotel and was available for questions.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
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October 16, 2018
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Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Final Planned
Development for development of a 14 -story, approximately 320 room conference center hotel on Lot 1,
Block 1, Viking Lakes 3rd Addition. Aye: 5 Nay: 0
Councilmember Bakken moved, Councilmember Fields seconded a motion to authorize the issuance of a
Footing and Foundation Permit prior to recording the Final Subdivision. Aye: 5 Nay: 0
NEW BUSINESS
Consider request to amend covenants at 525 Diffley Road — T -Rex Cookies
City Planner Ridley introduced the item noting the subject site is 525 Diffley Road, located at the
intersection of Diffley Road and Highway 3. The Council is being asked to clarify whether a cookie bakery
and retail shop is consistent with the restrictive covenants that were placed on this property by the City
prior to development of the strip center. Ridley noted staff has prepared a brief report summarizing the
background of the property, history and content of the covenants, and evaluation of several alternative
actions for the Council's consideration.
Tina Rexing, applicant, and Martha Anderson, Anderson Property Management, provided a summary of
the request.
The Council discussed the request.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
There was agreement amongst councilmembers that Ms. Rexing's proposed bakery use would not be
considered a restaurant as the term is used in the covenants.
Councilmember Bakken moved, Councilmember Fields seconded a motion to clarify the restrictive
covenants relative to retail/wholesale bakery at Hawthorne Ridge located at 525 Diffley Road to
incorporate Option 2: that T-Rex's activity is not a restaurant as the term is defined in the covenants.
Aye:S Nay:O
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
ADMINISTRATIVE AGENDA
CITY COUNCIL
Councilmember Tilley recognized Councilmember Hansen for his recently elected to the Mitchell
Hamline School of Law Alumni Board.
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October 16, 2018
17 page
There were no visitors to be heard.
VISITORS TO BE HEARD
ADJOURNMENT
Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn to a Closed Session
at 7:48 p.m. Aye: 5 Nay: 0
In the Closed Session, the Council discussed a possible tentative labor agreement with the International
Association of Fire Fighters — representing the full time Fire Captains in the Eagan Fire Department.
Councilmember Bakken moved, Councilmember Hansen second a motion to adjourn the Closed Session
at 7:59 p.m. Aye: 5 Nay: 0
Mayor
(' kg' M A - .
City Clerk