05/07/2013 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
MAY 7, 2013
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.
At 6:10 p.m., the City Council held a closed session to discuss land negotiations for the Holden site
located at 4232 Blackhawk Road. The closed session concluded at 6:20 p.m.
A regular meeting of the Eagan City Council was held on Tuesday, May 7, 2013 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 Finance
Pepper, Director of Community Development Hohenstein, Director of Public Works Matthys, City
Planner Ridley, Communications Director Garrison, Director of Parks and Recreation Johnson, Fire Chief
Scott, and Police Chief McDonald.
AGENDA
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as
presented. Aye: S Nay: 0
RECOGNITIONS AND PRESENTATION
Parks & Recreation Director Johnson recognized Norm Peterson and Joe Klein in honor of their
dedication to Holz Farm. The City Council recognized the Friends of the Farm Volunteers for their
volunteer hours at Holz Farm. Mayor Maguire presented a plaque to Norm Peterson who was
recognized for volunteering 1500 hours, and to Joel Klein who was recognized for volunteering 1000
hours at Holz Farm.
CONSENT AGENDA
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent
Agenda as amended. Aye: 5 Nay: 0
A. It was recommended to approve the minutes of April 16, 2013.
B. Personnel Items
1. It was recommended to approve the hiring of Seasonal Employees in Parks &
Recreation, Engineering, Forestry and Utilities.
C. It was recommended to approve check registers dated April 5, 12 and 26, 2013.
D. It was recommended to approve a Resolution Authorizing $12,565,000 Taxable General
Obligation Tax Increment Bonds, Series 2013A, related to the Cedar Grove Redevelopment
District and setting the date of sale for May 21, 2013.
E. It was recommended to approve the first amendment to the 2007 Consent Decree with the
Metropolitan Airports Commission.
F. It was recommended to approve a Resolution to proclaim May 18, 2013 as Arbor Day and
the month of May 2013 as Arbor Month in the City of Eagan.
City Council Meeting Minutes
May 7, 2013
2 page
G. It was recommended to approve a Joint Powers Agreement for Technical Services for
Conservation Projects: Dakota County Soil and Water Conservation District and the City of
Eagan.
H. It was recommended to Proclaim June, 2013 as Eagan Lakes Appreciation Month.
I. It was recommended to Proclaim May 19 -25, 2013 as Public Works Week.
J. It was recommended to approve an Agreement with Dakota County Transportation
Department, County Project No. 31 -72, Pilot Knob Road/ Deerwood Drive Signal & Turn
Lane Improvements.
K. It was recommended to receive a Petition to Vacate Public Easements — Lots 4 and 5, Block
3, Kennerick 2nd Addition, and Schedule Public Hearing for June 4, 2013.
L. It was recommended to receive a Petition to Vacate Public Easement — Lot 1, Block 1, Mari
Acres 2nd Addition, and Schedule Public Hearing for June 4, 2013.
M. Item removed
N. It was recommended to approve a Resolution Requesting MnDOT Technical Services for
Final Design and Construction Administration, Projects 923/1011- TH 55/149 Improvements.
0. It was recommended to adopt a resolution accepting a $100.00 donation from an Eagan
Citizen.
P. It was recommended to approve an Exempt Permit for the Eagan High School Swim and Dive
Booster Club to hold a raffle on June 27 or 30 at 1360 Civic Center Drive.
Q. It was recommended to approve an Agreement with Dakota County CDA for Community
Development Block Grant Coordination through June 1, 2016.
R. It was recommended to approve a Consultant Pool for Property Maintenance Services.
S. It was recommended to amend conditional use permit - An amendment to the pylon sign
size for Lost Spur located at 2750 Sibley memorial Highway.
APPOINTMENT OF ADVISORY COMMISSION MEMBERS
City Administrator Osberg introduced the item, noting that 20 of 21 advisory commission
applicants were interviewed by the City Council on April 9, 2013. The City Council voted via
individual ballots on their 2013 advisory commission appointments. The following were approved
by unanimous consent by the City Council:
Advisory Planning Commission
1. Jane Vanderpoel
2. Mark Filipi
3. Mike Supina
4. Andy Prashad
5. Dan Sagstetter (alternate)
Advisory Parks and Recreation Commission
1. Dorothy Peterson
2. Andrea Todd - Harlin
3. Jerry Farlee
4. David Wietecki
5. Nathan Neuman
Airport Relations Commission
1. Charles Thorkildson
City Council Meeting Minutes
May 7, 2013
3 page
2. Steve Beseke
3. Curt Aljets
4. Dan Johnson
Energy and Environment Advisory Commission
1. Jeff LeClair
2. Ross Bintner
3. Dennis Thompson
4. William Ische (alternate)
Gun Club Lake Watershed Management Organization
1. Monica Foss
2. Julie Vigness -Pint
3. Joe Reymann (alternate)
PUBLIC HEARINGS
PUBLIC HEARING — RESOLUTION FOR THE MODIFICATION OF THE
TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1
City Administrator Osberg introduced the item noting the Economic Development Authority
approved a purchase agreement with Paragon Outlets under which Paragon acquired property in
the Cedar Grove Redevelopment District for the development of an upscale outlet shopping center.
A condition of the purchase agreement is that the EDA will construct a public parking ramp. Osberg
noted the original Redevelopment Plan and Tax Increment Financing Plan for the District did not
include construction of a parking ramp. Community Development Director Hohenstein gave a staff
report on the project.
Rebecca Kurtz from Ehlers and Associates gave an overview of the modification to TIF District No. 1,
and 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 Tilley seconded a motion to close the public hearing and
approve a Resolution Adopting a Modification of the Tax Increment Financing Plan for Tax Increment
Financing District No. 1 (Cedar Grove Redevelopment District). Aye: 5 Nay: 0
OLD BUSINESS
PILOT KNOB ROAD CORRIDOR STUDY
City Administrator Osberg introduced the item noting the City and County entered into an agreement to
perform a corridor study of County State Aid Highway 31 (Pilot Knob Road) for a 0.3 mile segment from
Yankee Doodle Road to Central Parkway /Northwood Parkway. The study began in June 2012 and was to
be completed by the end of the year. However, the development of various proposed alternatives in
response to public input and the need for additional meetings with affected property owners have
City Council Meeting Minutes
May 7, 2013
4 page
carried this study into 2013. Osberg noted on January 8, the Council reviewed the proposed corridor
study recommendations and received input from property /business owners. The Council's consensus
was that the corridor study was premature and further study was needed.
Public Works Director Matthys gave an overview of the current draft corridor study and continued with
a presentation of the final draft recommendations from the corridor study. Kristi Sebastian, Traffic
Engineer for Dakota County was available for questions.
Mayor Maguire asked if anyone in the audience would like to comment on the study. Ellen McInnis,
Wells Fargo Government Relations, addressed the Council noting Wells Fargo appreciates the
discussions they've had to date and they look forward to continuing to have discussions with City and
County staff. Ms. McInnis noted Wells Fargo has continued interest in providing right -of -way for a
deceleration lane in exchange for keeping their access open. There being no further public comment,
Mayor Maguire turned the discussion back to the Council.
The Council discussed the study.
Councilmember Tilley moved, Councilmember Fields seconded a motion to accept the
recommendations of the final draft of the Pilot Knob Road (CSAH 31) Corridor Study. Aye: 5 Nay: 0
NEW BUSINESS
COMPREHENSIVE GUIDE PLAN AMENDMENT - SOUTHVIEW SENIOR LIVING
City Administrator Osberg introduced the item noting before the Council is approval of the
Comprehensive Guide Plan Amendment. The concept plan identifies the intent to establish a senior
housing facility that would include a mix of memory care, assisted living and independent living units.
Osberg noted the concept plan calls for a four - story, 148 unit facility and underground parking spaces.
City Planner Ridley gave a staff report. The applicant, John Myhre representing Southview Senior Living,
was available for questions.
Mayor Maguire asked if anyone in the audience would like to comment on the study. There being no
public comment, he turned the discussion back to the Council.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to direct staff to submit a
Comprehensive Guide Plan Amendment to the Metropolitan Council for approximately 10 acres of
property located at 4232 Blackhawk Road. Aye: 5 Nay: 0
REZONING, PRELIMINARY PLANNED DEVELOPMENT AND FINAL PLAT —
DAKOTA COUNTY CDA
City Administrator Osberg introduced the item noting three action items are before the Council, a
Rezoning from R -3 Residential Townhouse to PD, Planned Development, a Preliminary Planned
Development consisting of 50 townhome dwelling units upon a 25 acre site located at 1319 Jurdy Road
and a Final Plat (LeMay Lake Family Townhomes Addition) to create one lot consisting of 24.5 acres.
City Planner Ridley gave a staff report. Kari Gill and Mark Ulfers with Dakota County CDA were available
for questions.
City Council Meeting Minutes
May 7, 2013
5 page
The Council discussed the request.
Mayor Maguire asked if anyone in the audience would like to comment on the request. Several Eagan
residents addressed the Council with questions regarding traffic and the type of housing proposed.
There being no further public comment, Mayor Maguire turned the discussion back to the Council.
City Administrator Osberg and Mr. Ulfers responded to all questions raised by residents during the
public testimony.
The Council discussed the proposed development.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a rezoning from R-
3, Residential Townhouse to PD, Planned Development for a residential townhome development upon
approximately 25 acres located at 1319 Jurdy Road. Aye: 5 Nay: 0
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a preliminary
planned development consisting of 50 townhome dwelling units upon a 25 acre site located at 1319
Jurdy Road, subject to the following conditions: Aye: 5 Nay: 0
1. The owner and /or developer shall enter into a written Planned Development Agreement with the
City. The Agreement shall be executed and recorded with the County Recorder's office prior to
issuance of a building permit. The following exhibits are necessary for the PD Agreement.
• Final Site Plan
• Final Building Elevations
• Final Landscape Plan
• Final Site Lighting Plan
2. The Planned Development shall have a 5 -year term.
3. The construction of the townhome units shall meet the sound attenuation requirements per the
Metropolitan Council Transportation Policy Plan.
4. The rear elevations shall mimic the front of all buildings with the use of brick as proposed with
buildings 4 and 5.
5. The garage doors shall be painted to match the building exterior.
6. The monument sign shall meet City Code requirements and a Sign Permit shall be obtained prior to
installation of the monument sign.
7. The applicant shall submit a revised Lighting Plan to provide lighting within the SE guest parking
area. The Lighting Plan shall meet City Code requirements.
8. A revised Site Plan shall be submitted that overlays the tier lines and identifies the number of
units /building per tier. The minimum required OHWL setback and proposed setback to the nearest
structure shall also be noted. The OHWL is defined at 876.7 on the Site Survey dated November 20,
2012.
9. The applicant shall install "No Parking Fire Lane" signs on both sides of the private street, with
spacing to be every 100 feet apart, in a form acceptable to the City Fire Marshal.
10. The Landscape Plan shall be revised to reflect that the shrubs will be 3 feet in height at time of
planting.
11. 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
City Council Meeting Minutes
May 7, 2013
6 page
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.
12. A water main loop shall be provided to connect the proposed new water main in two locations along
Jurdy Road.
13. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines
and 10 -foot drainage and utility easements adjacent to all public right -of -ways, in addition, where
necessary to accommodate existing or proposed utilities for drainage ways within the plat. The
development shall dedicate easements of sufficient width and location as determined necessary by
engineering standards.
14. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage,
ponding, and utility easements in addition to public street right -of -ways as required by the
alignment, depth, and storage capacity of all required public utilities and streets located beyond the
boundaries of this plat as necessary to service or accommodate this development.
15. This development shall dedicate all public right -of -ways and temporary slope easements for
ultimate development of adjacent roadways as required by the appropriate jurisdictional agency.
16. This development shall dedicate adequate drainage and ponding easements, in accordance with
requirements set forth in the latest version of the City's Stormwater Management Plan.
17. 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 prior to application for final
plat approval.
18. A detailed land disturbance and erosion control plan shall be prepared in accordance with current
City land disturbance and erosion control regulations prior to final plat approval.
19. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility
plan. The financial guarantee for such plan shall be included in the Development Contract and shall
not be released until one year after the date of City certified compliance.
20. Prior to receiving a grading permit, the applicant shall meet all City stormwater requirements
(including Runoff Rate Control, TP /TSS Control and %" Volume Control).
21. Prior to receiving a grading permit, the applicant shall provide the City with soil- boring logs
(minimum of 2 samples, extending 10' min. below bottom of over - excavation area) from within the
location of any proposed stormwater infiltration feature, to evaluate and ensure suitability for
infiltration. If the soil- boring log indicates incompatibility of soil permeability with the submitted
and reviewed design plans, the applicant shall revise the design and /or construction plans to ensure
4.33 requirements for volume control are met.
22. Prior to receiving a grading permit, the applicant shall provide adequate pre- treatment (street -side
catch -basin sumps, filter -box, etc.) to ensure capture and easily - accessible cleanout of fine -sand
sized particles for the off -site stormwater facility that receives direct impervious runoff from the
development site.
23. Prior to receiving a grading permit, the applicant should enter into a long -term stormwater facility
inspection and maintenance agreement, in a form acceptable to the City Attorney.
24. Park dedication shall be met through the dedication of approximately 18.5 acres of property to the
City, of which approximately 3.6 acres are above the OHWL, located immediate to the north of the
development site and consistent with the depiction in the approved development plans. The exact
boundary to be determined by a survey coordinated by the CDA and in consultation with the City.
The initial dedication shall be in the form of an easement to the City pending completion of the
subdivision process whereby the City will acquire fee title.
City Council Meeting Minutes
May 7, 2013
7 page
25. The required trail dedication shall be considered satisfied by the park dedication
26. The applicant shall protect the preserved individual 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, of significant trees /woodlands to be preserved on -site.
27. 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.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Final Plat (LeMay
Lake Family Townhomes Addition) to create one lot consisting of 24.5 acres. Aye: 5 Nay: 0
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative /intergovernmental affairs update to be heard.
ADMINISTRATIVE AGENDA
There were no administrative comments to be heard.
There were no visitors to be heard.
VISITORS TO BE HEARD
ADJOURNMENT
Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the meeting at 9:10
p.m. Aye:5 Nay:0
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Steve Beseke*
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Daniel Johnson
William Ische
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Jane Vande oel*
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Mike Supina*
Jeff LeClair*
Ross Bintner
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David Wietecki
Dennis Thompson
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Jerry Farlee
Andrea Todd -Harlin*
Dorothy Peterson*
Monica Foss
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Steve Beseke*
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Daniel Johnson
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Mike Supina*
Jeff LeClair*
Ross Bintner
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David Wietecki
Dennis Thompson
Dan Sagstetter
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Jerry Farlee
Andrea Todd -Harlin*
Dorothy Peterson*
Monica Foss
Joe Reymann
Julie Vigness-Pint
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