02/03/2015 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
FEBRUARY 3, 2015
A Listening Session was held at
6:00 p.m. prior
to the regular City Council meeting.
Present were Mayor
Maguire and Councilmembers
Bakken, Hansen
and Tilley. Councilmember Fields was not present.
A resident of Eagan address the City Council with his concerns regarding development of The Gates of
Eagan apartments.
At 6:25 p.m. a closed session was called to discuss labor negotiations.
A regular meeting of the Eagan City Council was held on Tuesday, February 3, 2015 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Hansen and Tilley.
Councilmember Fields was not present at the start of the meeting. Also present were City Administrator
Osberg, Assistant City Administrator Miller, Director of Finance Pepper, Director of Communications
Garrison, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works
Matthys, Assistant City Engineer Nelson, Director of Parks & Recreation Johnson, Police Chief McDonald,
Fire Chief Scott, and Executive Assistant Stevenson.
AGENDA
City Administrator Osberg noted an addition to the Consent Agenda of Item P. — Approve Exempt Permit
for the Church of Our Lady of Peace to hold a raffle on February 7, 2015 at Lost Spur Golf and Event
Center.
Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the agenda as
amended. Aye:4 Nay:0
RECOGNITIONS AND PRESENTATION
There were no recognitions and presentations to be heard.
CONSENT AGENDA
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent
Agenda as amended: Aye: 4 Nay: 0
A. It was recommended to approve the minutes of January 13 and January 27, 2015
special City Council meeting, and January 20, 2015 regular City Council meeting.
B. Personnel Items
1. It was recommended to accept the resignation of Judy Dretzke, Patrol Officer, and
authorize hiring her replacement.
2. It was recommended to accept the resignation of Susan Peterson, PT Clerical Technician
IV- Police Records, and authorize hiring her replacement.
3. It was recommended to accept the promotion of Brian Thom, Chief Mechanic /Shop
Supervisor, and authorize hiring his replacement.
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February 3, 2015
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4. It was recommended to approve an adjustment to the 2015 compensation of the City
Administrator by reducing his car allowance by an additional $794 for the year and
offsetting the reduction, and the tax impact of all adjustments on his compensation, by
allocating 24.78 hours of vacation to comply with the State's salary camp requirements.
5. It was recommended to approve the hiring of Seasonal Employees in Parks &
Recreation.
C. It was recommended to approve the check registers dated January 16 and 23, 2015,
D. It was recommended to schedule a public hearing for March 3, 2015 to consider final
assessment of the delinquent nuisance abatement bills and certify them to Dakota County
for collection with property taxes.
E. It was recommended to schedule a public hearing for March 3, 2015 to consider final
assessment of the delinquent utility bills and certify them to Dakota County for collection
with property taxes.
F. It was recommended to adopt a resolution approving an Exempt Permit for the Eagan High
School Drumline Booster Club to conduct a raffle on March 21, 2015 at Eagan High School,
4185 Braddock Trail.
G. It was recommended to adopt a resolution approving an Exempt Permit for the Pinewood
PTO to conduct a raffle on April 17, 2015 at Pinewood Community School, 4300 Dodd Road.
H. It was recommended to adopt a resolution approving a Premise Permit for the Eagan
Hockey Association to conduct lawful gambling at Lone Oak Grill, 3010 Eagandale Place,
I. It was directed that staff work with the City Attorney on the preparation of an Ordinance
Amendment to Chapter 11 regarding bee keeping.
J. It was recommended to authorize submittal of the City's FY 2015 Community Development
Block Grant (CDBG) Application and adopt a resolution approving the funding application
request.
K. It was recommended to approve Change Order No. 6 to Contract 14 -04 (TH 55/149 Safety
and Capacity Improvements) and authorize the Mayor and City Clerk to execute all related
documents.
L. It was recommended to approve the plans and specifications for Contract 15 -06 (2015 City
Wells 6, 13, 16 Rehabilitation) and authorize the advertisement for a bid opening to be held
at 11:30 a.m. on Thursday, February 26, 2015 at the Utility Building located at 3419
Coachman Point, Eagan, MN 55122.
M. It was recommended to approve the plans and specifications for Contract 15 -07 (2015 City-
wide Sanitary Sewer Improvements — Project 1182) and authorize the advertisement for a
bid opening to be held at 11:00 a.m. on Thursday, February 26, 2015, at the Utility Building
located at 3419 Coachman Point, Eagan, MN 55122.
N. It was recommended to award Contract 15 -05 base and alternate bides to MP Nexlevel LLC,
Inc. to move existing AccessEagan facilities to Data Bank Data center.
O. It was recommended to approve a resolution extending the term of the Contract franchise
to March 31, 2016.
P. It was recommended to adopt a resolution approving an Exempt Permit for the Church of
Our Lake of Peace to conduct a raffle on February 7, 2015 at Lost Spur Golf and Event
Center, 2750 Sibley Memorial Highway.
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February 3, 2015
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PUBLIC HEARINGS
Project 1175 — Northwood Parkway & Promenade Avenue Street Improvements
City Administrator Osberg introduced the item noting due to a printing error in the Public Notice, the
Council directed staff at the January 6, 2015 Public Hearing to re- advertise the Public Hearing and
continue the Hearing to the February 3, 2015 City Council meeting.
Director of Public Works Matthys introduced the item noting as part of Eagan's Pavement Management
Program, the City evaluates streets within the community throughout their life cycle and implements
appropriate maintenance strategies. Assistant City Engineer Nelson gave a staff report.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve Project 1175
(Northwood Parkway and Promenade Avenue — Street Improvements) as presented and authorize the
preparation of detailed plans and specifications. Aye: 4 Nay: 0
OLD BUSINESS
Resolution Consenting to the Transfer of the Cable Franchise from
Comcast of Minnesota, Inc. to Comcast of Minnesota, LLC., to a
Wholly -Owned Subsidiary of Greatland Connections Inc.
City Administrator Osberg introduced the item noting with Communications Director Garrison's help
and Brian Grogan the City's Cable Franchise Attorney, who assisted the City on cable items, have kept
the Council updated on the Cable Franchise on the past year.
Brian Grogan, Cable Franchise Attorney, gave a presentation regarding the facts surrounding the
proposed transfer resolution and was available for questions.
Councilmember Fields arrived at 6:50 p.m.
Mike Logan, Director of Government Affairs with Comcast, was available for questions.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
The Council discussed the resolution.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a resolution
consenting to the transfer of the cable franchise from Comcast of Minnesota, Inc. to Comcast of
Minnesota, LLC, to a wholly -owned subsidiary of Greatland Connections Inc. Aye: 5 Nay: 0
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February 3, 2015
4 page
Project 1174 — Yankee Doodle Road / Promenade Avenue / O'Leary Lane
Intersection Improvements
City Administrator Osberg introduced the item noting at the December 16, 2014 Council meeting after
presentation of the project by the City's consulting engineer, SEH Inc., and Dakota County
Transportation staff, the City Council opened the Public Hearing. After testimony by several area
property owners and business managers affected by the median closure at O'Leary Lane, the Council
requested Dakota County Transportation Department staff to analyze the impacts of a % intersection
design at O'Leary Lane and bring this analysis back to the January 20th Council meeting. Osberg noted
at the January 20, 2015 City Council meeting, Council further continued the Public Hearing to the
February 3rd meeting to allow County Transportation Department staff to be in attendance.
Director of Public Works Matthys gave a staff report noting subsequent to the January 12th meeting,
Dakota County Transportation staff provided a memo stating the close proximity of the Promenade
Avenue and O'Leary Lane intersections does not allow for a proper left turn to accommodate
westbound traffic at the new signal and a westbound left turn lane at O'Leary Lane. While conversion
to a right -in /right -out intersection at Yankee Doodle Road and O'Leary Lane will affect traffic patterns
for traffic entering the O'Leary Lane area from the east, there are several alternative routes available to
safely and efficiently accommodate these trips. Matthys noted as part of the improvements the County
is supportive of a right turn lane eastbound added at the intersection at O'Leary Lane,
The Council discussed the intersection improvements.
Kristi Sebastian, Traffic Engineer for Dakota County, was available for questions.
John Rodeberg, SEH Project Manager, was available for questions.
Mayor Maguire opened the public comment. Clint Racine, owner of Culvers, addressed the Council
regarding his opposition to the median closure at O'Leary Lane and feels the closure will be detrimental
to business, and asked the Council to consider the % intersection. There being no further public
comments, he turned the discussion back to the Council.
Councilmember Hansen stated it is still premature for us to shut down the possibility of a %
intersection when the decision ultimately falls on the County Board. Hansen noted the County
Board appreciates the interest of the business owners in the area, and if there is a way to work out
something in the interim for maintaining a 3/ intersection until Yankee Doodle Road is expanded,
we need to consider that.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve Project 1174
(Yankee Doodle Road / Promenade Avenue / O'Leary Lane — Intersection Improvements) as
presented with the following condition:
1. Modified to include a right -turn lane for eastbound Yankee Doodle Road at O'Leary Lane
intersection.
and authorize the preparation of detailed plans and specifications for a contract that may be let within 2
years after said approval. Aye: 4 Nay: 1 ( Councilmember Hansen opposed)
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February 3, 2015
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NEW BUSINESS
Comprehensive Guide Plan Amendment — Wyatt Sharing and Caring / Jim Deanovic —
Comprehensive Guide Plan Amendment from OS, Office Service to IND, Limited Industrial
located on Lot 1, Block 1, Give of Mary
City Administrator Osberg introduced the item noting the action is considering a Comprehensive Guide
Plan Amendment to the Metropolitan Council to change the land use designation from Special
Area /Office Service to Special Area /Limited Industrial for approximately 33 acres located at 3430
Highway 55,
City Planner Ridley gave a staff report.
Gary Tushie, Tushie Montgomery Architects and Jim Deanovic, the applicant, were available for
questions.
Mayor Maguire opened the public comment. John Cina, 3400 Highway 55, address the Council with his
concern regarding zoning. There being no further public comment, he turned the discussion back to the
Council.
Councilmember Fields moved, Councilmember Hansen seconded a motion to direct staff to submit a
Comprehensive Guide Plan Amendment to the Metropolitan Council to change the land use designation
from Special Area /Office Service to Special Area /Limited Industrial for approximately 33 acres located at
3430 Highway 55. Aye: 5 Nay: 0
The City Council took a 10 minute break.
Comprehensive Guide Plan Amendment, Rezoning, Preliminary Planned Development
And Preliminary Subdivision — Central Park Commons /CSM Eagan, LLC
City Administrator Osberg introduced the item noting in October 2013, CSM Eagan submitted a revised
development proposal and requests for rezoning, preliminary planned development and preliminary
subdivision. The 2013 proposal was received by the APC on October 22, 2013. The proposal was
reviewed and discussed by the City Council at the January 14, 2014 Council workshop, without any
action being taken. Osberg noted the proposal was later withdrawn by the applicant prior to any action
by the Council at a regular meeting.
City Planner Ridley gave a staff report.
Attorney Peter Coyle, representing CSM, provided background information and summarized the positive
impacts the proposed development would provide the City and how the proposal was consistent with
the goals and policies for the area.
John Johannson, also representing CSM, introduced the development team and provided general
information relative to the planned site demolition and the recycling and re -use of materials generated
from the building. He also gave a presentation of the preliminary site plan.
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February 3, 2015
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The Council discussed the preliminary site plan. Councilmember Hansen noted that an MVTA bus
shelter located on Yankee Doodle and Central Parkway would be appropriate for the site. Mr.
Johansson agreed and offered to contribute a concrete sidewalk from the current trail and a pad if there
were to be a bus shelter.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
The Mayor and Council complimented the design and effort made by the CSM team in responding to the
Central Commons Special Area goals and policies.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Preliminary
Planned Development to establish an approximately 434,000 s.f. multi - building retail commercial
shopping center upon approximately 47 acres located at 3333 Pilot Knob Road, subject to the following
conditions: Aye:5 Nay:0
1. A Preliminary Planned Development Agreement shall be executed and recorded against the
property at the Dakota County Recorder's office. The Preliminary PD Agreement shall
contain the following plans. The following plans shall be revised and submitted as Master
Development Plans prior to Final Subdivision and Final Planned Development approval.
• Preliminary Site Plan
• Preliminary Building Elevation Plans
• Preliminary Landscape Plan
• Preliminary Signage Plan
• Preliminary Site Lighting Plan
• Preliminary Amenities Plan
2. A Final Planned Development Agreement shall be required for each lot as it develops. The
following plans are required for the Final Planned Development Agreement and shall be
consistent with the approved master plans for the Preliminary Planned Development.
• Final Site Plan
• Final Building Elevations
• Final Landscape Plan
• Final Signage Plan
• Final Lighting Plan
• Final Amenities Plan
3. The property shall be platted.
4. A Master Association shall be created, or a similar maintenance requirements through an
ROEA, in a form acceptable to the City Attorney, for the maintenance of the amenities and
shared easement areas in the development.
5. Ingress- egress easements shall be provided to ensure all parcels have access to a public
street. Such easements shall be in a form acceptable to the City Attorney.
6. All buildings shall present an attractive appearance on all sides with similar architectural
features and materials as the front /entry sides of the buildings.
7. All outdoor dining areas shall be designed and operated consistent with City Code
standards. For each outdoor dining area, a detailed patio seating plan should be provided at
the time of Final Planned Development. Outdoor patio dining should meet City Code
requirements of Sec. 11.70, Subd. 29, with the exception that parking is considered satisfied.
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February 3, 2015
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_ If a patio is within 20 feet of an internal street, bollards to prevent vehicle penetration are
acceptable with appropriate sidewalk connection.
8. At the time of application for any on -sale liquor license, the developer shall verify that the
licensed premises satisfies the special use setback.
9. Operation and maintenance of the seasonal outdoor sales area, as well as any associated
signage, shall be subject to compliance with City Code standards.
10. Detached trash enclosures shall be located as identified on the approved Site Plan, and shall
meet the design standards in the City Code, and be constructed of the same finish materials
as the principal buildings.
11. All rooftop mechanical equipment shall be depicted on final drawings for Building Permit
and compliance with screening standards verified at that time.
12. Cart corrals shall be shown on the Final Site Plan. Cart corrals shall be a permanent
installation, and no signage shall be placed on the corrals. All shopping carts shall be
collected each day and stored within a building overnight. A storage area for carts shall be
provided within the buildings for that purpose.
13. The Final Landscape Plan shall have amended specifications to include a note that the root
ball be set flush with grade with the root flare visible 1 -2" above grade. Additionally, the
plan shall note mulch shall not be in contact with the trunk of the tree.
14. All landscaped areas shall be provided with automatic irrigation in compliance with City
Code requirements.
15. A financial guaranty for landscaping and tree mitigation shall be provided at the time of
Final Subdivision, in accordance with City Code provisions.
16. A blue or other industry standard recycling receptacle shall be placed directly next to all
trash receptacles in the common areas of the development. Uniform labels on receptacles
and lids will indicate recycling or trash and will specifically identify the types of items
accepted in each container.
17. Pedestrian crossings of drive lanes shall be visually and texturally offset through use of a
different pavement material.
18. Storage of commercial vehicles integral to the principal use of the property shall be subject
to City Code standards, and the designated parking stalls shall be identified on the Site Plan
at the time of Final Planned Development.
19. A cohesive consistent design shall be provided for all free - standing signs.
20. On free - standing signs, including the Project Sign- Marquee, tenant panels shall be of same
construction design consisting of metal panels backlit with translucent graphics.
21. To establish sign placement, size and design parameters for the development, a Master
Signage Agreement shall be provided, with the first Final Planned Development, and identify
tenants that will be served by each pylon and /or monument sign. This Master Signage
Agreement shall be in a form acceptable to the City Attorney, to be executed and recorded
against the property.
22. Except for the Project Sign- Marquee, all monument and pylon signs shall be center
identification signs consistent with the design as reflected in the Preliminary Planned
Development, with the location depicted on the Master Sign Plan /Agreement. The
dimensions of the monuments sign shall be as depicted on the Sign Plan.
23. A final design with a sign panel and indication of overall height shall be provided for the
Gateway sign in the northwest corner of the site.
24. Easements shall be dedicated to make certain that the monument improvements are
maintained at an appropriate level consistent with the City's established monumentation on
Central Parkway. The developer shall enter into an encroachment agreement, in a form
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acceptable to the city attorney, to allow for the placement of these monuments within the
public right -of -way.
25. A final design plan for the Project Sign- Marquee indicating sign face size and setback
location shall be submitted for approval with the first Final Planned Development. Tenant
sign identification on the marquee pylon shall be in two complementary earth tone colors,
with the tenant's choice of font and letter style. All signs on the structure shall be the same
construction design consisting of metal panels backlit with translucent graphics.
26. A final design plan for the monument identification sign at the southwest corner of the site
(Monument #5) and for the Entry monument sign at the southeast corner of the site (low
Entry monument by Project Sign- Marquee) shall be submitted for approval, and their
location and setbacks clearly indicated on the Final Site Plan.
27. All building signage shall be mounted to the building wall within the designated sign band,
and placement of signs atop a canopy shall not be permitted.
28. All building signage shall be consistent in design, while accommodating the unique
identifiers of individual tenants including colors, script and logos.
29. Building architecture shall be considered prior to sign placement so that sign placement is in
keeping with the architectural features of the building.
30. Wall signs within the "Village" area shall not exceed 36" height.
31. Signs displaying message or products shall be subject to City Sign Code standards.
32. Final signage plans shall be provided for all buildings at the time of Final Planned
Development.
a. Building sign size shall be subject to City Code standards. Endcap tenants in multi -
tenant buildings may be allowed signage on up to three elevations, and interior
tenants on up to two elevations. Single occupant buildings may be allowed signage
on up to three elevations. The sign construction type shall be consistent with other
building signage throughout the development.
33. Details on the design and placement of directional signs shall be provided with the Final
Planned Development. The directional sign structures shall be located so as not to interfere
with visibility, vehicular or pedestrian circulation or snow storage.
34. Buildings elevations shall be submitted for all buildings and the time of Final Planned
Development. Buildings for which Preliminary Elevations were not provided shall utilize the
same palette of materials and consistent architectural features presented in the Preliminary
Schematic Building Elevations,
35. The building sections identified as "tenant trade dress" or similar, shall satisfy City Code
standards for quality finish materials, such that the required materials ratios are upheld.
Details of the "tenant trade dress" features shall be provided at the time of Final Planned
Development for staff review and acceptance.
36. All mechanical equipment, both roof and ground mounted, shall be screened in accordance
with City Code standards. All equipment and proposed screening shall be shown and
identified on the Final Building Elevations and /or Site Plan drawings at the time of Final
Planned Development.
37. All screen walls shall fully screen the truck dock and service areas, and be of a length and
height to fully screen any trucks and trailers parked at the docks.
38. New plantings shall be coordinated with existing trees along Central Parkway, subject to
approval of the City Forester,
39. Landscaping shall be enhanced along the south side of the development to provide an
attractive streetscape and frame views into the site, subject to approval by the City Forester.
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40. The developer shall fulfill tree mitigation requirements through the installation of one -
hundred seventy -four (174) Category A trees ( >= 4" caliper deciduous trees or > =12' height
coniferous trees).
41. The two Swamp White Oak tree species, which are proposed to be installed in the portion of
Central Parkway median that is proposed to be closed off, just north of Quarry Road, shall
be revised to Autumn Blaze Red Maple (Acerx freemanii 'Jeffersred') on the Final Tree
Mitigation Plan.
42. 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.
43. The developer shall be responsible to relocate the existing storm sewer the pipe along the
northern edge of the site to an alignment acceptable to the City Engineer, and maintain
public drainage & utility easement over the existing storm sewer pipe until the relocation is
complete.
44. The developer shall be responsible to relocate the existing 10" public trunk water main to an
alignment acceptable to the City Engineer,
45. A 20' wide minimum drainage and utility easement, centered on the alignment of the future
water main, shall be dedicated with this development.
46. This development shall be required to dedicate an outlot of sufficient size, in a location that
meets all Minnesota Department of Health setback requirements for Community Public
Water - Supply Wells, public easement and access for the construction and perpetual
maintenance of planned above grade City well and transmission line pipes, and conduit for
well communications, in accordance with Water Supply & Distribution Plan and City Public
Works design standards. The alignment and construction of the raw water transmission
lines shall avoid the development's proposed storm water underground infiltration and
ponding features, and other utilities. A 20' wide minimum drainage and utility easement,
centered on the alignment of the future raw water main, and a drainage and utility
easement for the well house conduit that is either 5' wide if provided adjacent to the water
main easement, or 10' wide if provided elsewhere, shall be dedicated with this
development.
47. The developer shall provide private utility easements and /or maintenance agreements for
these proposed private sewer and water lines and future utility lines within the
development, in a form acceptable to the City Attorney, at time of final subdivision
approval.
48. The plat shall be revised to eliminate drainage and utility easements over all stormwater
ponds.
49. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
50. The developer shall provide a plan to be approved by staff including development -owned
vault(s) at an entry point(s) to the premises and a conduit system to provide fiber optic to all
buildings in the development. The conduit system shall utilize a multi - partitioned inner duct
system, or other comparable means, to accommodate multiple fiber optic service providers
in the future. The conduit to the well house can be a single duct.
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51. The developer shall provide private maintenance agreements for the private streets, in a
form acceptable to the City Attorney, at time of Final Subdivision approval.
520 "No Parking /Fire lane" signage shall be installed along the private streets and medians
within the development to ensure they be kept open for emergency vehicle access. The
developer shall provide a plan to be approved by the Fire Department that includes "No
Parking /Fire Lane" areas and any possible fire department pull offs.
53. Cross - easements for ingress /egress and shared parking shall be executed in a form
acceptable to the City Attorney,
54. This development shall be responsible for removing the existing driveway entrances not
utilized on Central Parkway, installing the associated curb and landscaped medians to close
the existing median openings on Central Parkway, and removing the temporary bituminous
median on the south end of Central Parkway and replacing it with a permanent concrete
median.
55. The development shall be responsible for all driveway and turn lane improvement costs
associated with this site.
56. The developer shall obtain all necessary permits from Dakota County for any work within
the Pilot Knob Road or Yankee Doodle Road right -of -way.
57. The development shall dedicate additional public right -of -way along Pilot Knob Road (CSAH
31) for future upgrade needs of the roadway, and as determined by Dakota County,
58. The plat shall be revised to dedicate sufficient public right -of -way for a potential future one -
lane roundabout at the intersection of Central Parkway and Quarry Road.
59. The developer shall enter into a trail easement agreement, in a form acceptable to the City
Attorney to provide public right -of -way or trail easement of sufficient size for any public
trails constructed outside the current right -of -way limits.
60. This development shall meet the City's Post Construction Requirements (City Code §4.33)
for stormwater management and surface water quality, including Runoff Rate Control, Total
Phosphorus (TP) & Total Suspended Solids (TSS) Control, and %Z" Volume Control on the
site's impervious surface area.
61. Prior to receiving city approval to permit land disturbing activity, the developer shall provide
the City with soil boring logs from a minimum of four soil- borings from the proposed
infiltration area, extending a minimum of 10' below the bottom of the proposed infiltration
feature, to evaluate and ensure suitability for infiltration. If the soil boring logs indicate
incompatibility of existing sub -soil permeability with the submitted and reviewed design
plans for meeting volume control requirements, the developer shall revise the design and /or
construction plans to ensure volume control requirements are fully met.
62. Prior to receiving city approval to permit land disturbing activity, the property owner shall
enter into a long -term stormwater management system maintenance agreement with the
City, detailing the maintenance required to maintain proper operation and performance of
the permanent stormwater management system, in a form acceptable to the City Attorney.
63. Prior to receiving city approval to permit land disturbing activity, the developer shall provide
construction details of proposed sub - surface infiltration practice for City review (cross -
sections, construction sequencing /protection, sizing /volume tables, details for inlets, proper
venting, maintenance access, etc.), to ensure sub - surface infiltration practice is properly
designed and constructed, and adequately protected during / after construction, to function
as intended. These details shall be included in applicable plan sheet(s).
64. During sub - surface infiltration practice over - excavation and sub -soil work, before and during
pea -rock backfilling and perforated pipe placement, the developer shall ensure that a
Certified Soil Scientist will be present to verify and document that infiltration practice area
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sub -soils are suitable for a saturated condition infiltration rate of 0.7 -inch per hour or
greater. If the sub -soil infiltration rates are less than 0.7 -inch per hour, on which the sub-
surface infiltration practice was sized, the developer shall immediately notify the City
Engineer and revise the volume control project to ensure volume control requirements are
fully met.
65. Before the city issues a Certificate of Occupancy on the development site, the developer
shall provide the City Engineer as -built plans that demonstrate that all constructed
stormwater conveyance structures and management facilities (ponds and sub - surface
infiltration practice) conform to design and /or construction plans, as approved by the City.
As -built volumes (for detention and retention) shall be provided for the ponds and sub-
surface infiltration practice. The developer 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.
66. Park dedication shall be through cash dedication. The amount shall be determined by the
retail square footage reflected in the approved plan and recognizing a past dedication credit
of 37.5 %, to be satisfied through a cash payment at the time of Final Subdivision at the rates
then in effect.
67. Trails dedication shall be satisfied through installation of a trail system along Central
Parkway adjacent to the development site, to the satisfaction of the City.
Councilmember Hansen moved, Councilmember Fields seconded a motion to implement a
Comprehensive Land Use Guide Plan Amendment from Special Area -Major Office to Special Area - Retail
Commercial upon approximately 41.2 acres of the site located at 3333 Pilot Knob Road. Aye: 5 Nay: 0
Councilmember Tilley moved, Councilmember Hansen seconded a motion to implement a
Comprehensive Land Use Guide Plan Amendment to change the land use designation from Special Area -
Major Office, to Special Area — Retail Commercial upon approximately 6.2 acres located in the
northwest portion of the site located at 3333 Pilot Knob Road, Aye: 5 Nay: 0
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Rezoning from
RD, Research and Development, to PD, Planned Development, upon approximately 47 acres located at
3333 Pilot Knob Road. Aye: 5 Nay: 0
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Preliminary
Subdivision (Central Park Commons) to create nine lots upon approximately 47.4 acres located at 3333
Pilot Knob Road, subject to the following conditions: Aye: 5 Nay: 0
1. The developer shall comply with these standards conditions of plat approval as adopted by
Council on February 2,1993: All 131, B3, Cl, C2, D1, E1, and G1
2. The property shall be platted.
3. A Master Association shall be created, or a similar maintenance requirements through an
ROEA, in a form acceptable to the City Attorney, for the maintenance of the amenities and
shared easement areas in the development.
4. Ingress- egress easements shall be provided to ensure all parcels have access to a public
street. Such easements shall be in a form acceptable to the City Attorney.
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5. All buildings shall present an attractive appearance on all sides with similar architectural
features and materials as the front /entry sides of the buildings.
6. All outdoor dining areas shall be designed and operated consistent with City Code
standards. For each outdoor dining area, a detailed patio seating plan should be provided at
the time of Final Planned Development. Outdoor patio dining should meet City Code
requirements of Sec. 11.70, Subd. 29, with the exception that parking is considered satisfied.
If a patio is within 20 feet of an internal street, bollards to prevent vehicle penetration are
acceptable with appropriate sidewalk connection.
7. At the time of application for any on -sale liquor license, the developer shall verify that the
licensed premise satisfies the special use setback.
8. Operation and maintenance of the seasonal outdoor sales area, as well as any associated
signage, shall be subject to compliance with City Code standards.
9. Detached trash enclosures shall be located as identified on the approved Site Plan, and shall
meet the design standards in the City Code, and be constructed of the same finish materials
as the principal buildings.
10. All rooftop mechanical equipment shall be depicted on final drawings for Building Permit
and compliance with screening standards verified at that time.
11. Cart corrals shall be shown on the Final Site Plan. Cart corrals shall be a permanent
installation, and no signage shall be placed on the corrals. All shopping carts shall be
collected each day and stored within a building overnight. A storage area for carts shall be
provided within the buildings for that purpose.
12. The Final Landscape Plan shall have amended specifications to include a note that the root
ball be set flush with grade with the root flare visible 1 -2" above grade. Additionally, the
plan shall note mulch shall not be in contact with the trunk of the tree.
13. All landscaped areas shall be provided with automatic irrigation in compliance with City
Code requirements.
14. A financial guaranty for landscaping and tree mitigation shall be provided at the time of
Final Subdivision, in accordance with City Code provisions.
15. A blue or other industry standard recycling receptacle shall be placed directly next to all
trash receptacles in the common areas of the development. Uniform labels on receptacles
and lids will indicate recycling or trash and will specifically identify the types of items
accepted in each container.
16. Pedestrian crossings of drive lanes shall be visually and texturally offset through use of a
different pavement material.
17. Storage of commercial vehicles integral to the principal use of the property shall be subject
to City Code standards, and the designated parking stalls shall be identified on the Site Plan
at the time of Final Planned Development,
18. A cohesive consistent design shall be provided for all free - standing signs.
19. On free - standing signs, including the Project Sign- Marquee, tenant panels shall be of same
construction design consisting of metal panels backlit with translucent graphics.
20. To establish sign placement, size and design parameters for the development, a Master
Signage Agreement shall be provided, with the first Final Planned Development, and identify
tenants that will be served by each pylon and /or monument sign. This Master Signage
Agreement shall be in a form acceptable to the City Attorney, to be executed and recorded
against the property.
21. Except for the Project Sign- Marquee, all monument and pylon signs shall be center
identification signs consistent with the design as reflected in the Preliminary Planned
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February 3, 2015
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- 22. Development, with the location depicted on the Master Sign Plan /Agreement. The
dimensions of the monument signs shall be as depicted on the Sign Plan.
23. A final design with a sign panel and indication of overall height shall be provided for the
Gateway sign in the northwest corner of the site.
24. Easements shall be dedicated to make certain that the monument improvements are
maintained at an appropriate level consistent with the City's established monumentation on
Central Parkway. The developer shall enter into an encroachment agreement, in a form
acceptable to the city attorney, to allow for the placement of these monuments within the
public right -of -way.
25. A final design plan for the Project Sign- Marquee indicating sign face size and setback
location shall be submitted for approval with the first Final Planned Development. Tenant
sign identification on the marquee pylon shall be in two complementary earth tone colors,
with the tenant's choice of font and letter style. All signs on the structure shall be the same
construction design consisting of metal panels backlit with translucent graphics.
26. A final design plan for the monument identification sign at the southwest corner of the site
(Monument #5) and for the Entry monument sign at the southeast corner of the site (low
Entry monument by Project Sign- Marquee) shall be submitted for approval, and their
location and setbacks clearly indicated on the Final Site Plan.
27. All building signage shall be mounted to the building wall within the designated sign band,
and placement of signs atop a canopy shall not be permitted.
28. All building signage shall be consistent in design, while accommodating the unique
identifiers of individual tenants including colors, script and logos.
29. Building architecture shall be considered prior to sign placement so that sign placement is in
keeping with the architectural features of the building.
30. Wall signs within the "Village" area shall not exceed 36" height.
31. Signs displaying message or products shall be subject to City Sign Code standards.
32. Final signage plans shall be provided for all buildings at the time of Final Planned
Development.
a. Building sign size, shall be subject to City Code standards. Endcap tenants in multi -
tenant buildings may be allowed signage on up to three elevations, and interior
tenants on up to two elevations. Single occupant buildings may be allowed signage
on up to three elevations. The sign construction type shall be consistent with other
building signage throughout the development.
33. Details on the design and placement of directional signs shall be provided with the Final
Planned Development. The directional sign structures shall be located so as not to interfere
with visibility, vehicular or pedestrian circulation or snow storage.
34. Buildings elevations shall be submitted for all buildings and the time of Final Planned
Development. Buildings for which Preliminary Elevations were not provided shall utilize the
same palette of materials and consistent architectural features presented in the Preliminary
Schematic Building Elevations.
35. The building sections identified as "tenant trade dress" or similar, shall satisfy City Code
standards for quality finish materials, such that the required materials ratios are upheld.
Details of the "tenant trade dress" features shall be provided at the time of Final Planned
Development for staff review and acceptance.
36. All mechanical equipment, both roof and ground mounted, shall be screened in accordance
with City Code standards. All equipment and proposed screening shall be shown and
identified on the Final Building Elevations and /or Site Plan drawings at the time of Final
Planned Development.
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February 3, 2015
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37. All screen walls shall fully screen the truck dock and service areas, and be of a length and
height to fully screen any trucks and trailers parked at the docks.
38. New plantings shall be coordinated with existing trees along Central Parkway, subject to
approval of the City Forester,
39. Landscaping shall be enhanced along the south side of the development to provide an
attractive streetscape and frame views into the site, subject to approval by the City Forester,
40. The developer shall fulfill tree mitigation requirements through the installation of one -
hundred seventy -four (174) Category A trees ( >= 4" caliper deciduous trees or > =12' height
coniferous trees).
41. The two Swamp White Oak tree species, which are proposed to be installed in the portion of
Central Parkway median that is proposed to be closed off, just north of Quarry Road, shall
be revised to Autumn Blaze Red Maple (Acerx freemanii 'Jeffersred') on the Final Tree
Mitigation Plan.
42. 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,
43. The developer shall be responsible to relocate the existing storm sewer the pipe along the
northern edge of the site to an alignment acceptable to the City Engineer, and maintain
public drainage & utility easement over the existing storm sewer pipe until the relocation is
complete.
44. The developer shall be responsible to relocate the existing 10" public trunk water main to an
alignment acceptable to the City Engineer.
45. A 20' wide minimum drainage and utility easement, centered on the alignment of the future
water main, shall be dedicated with this development.
46. This development shall be required to dedicate an outlot of sufficient size, in a location that
meets all Minnesota Department of Health setback requirements for Community Public
Water - Supply Wells, public easement and access for the construction and perpetual
maintenance of planned above grade City well and transmission line pipes, and conduit for
well communications, in accordance with Water Supply & Distribution Plan and City Public
Works design standards. The alignment and construction of the raw water transmission
lines shall avoid the development's proposed storm water underground infiltration and
ponding features, and other utilities. A 20' wide minimum drainage and utility easement,
centered on the alignment of the future raw water main, and a drainage and utility
easement for the well house conduit that is either 5' wide if provided adjacent to the water
main easement, or 10' wide if provided elsewhere, shall be dedicated with this
development.
47. The developer shall provide private utility easements and /or maintenance agreements for
these proposed private sewer and water lines and future utility lines within the
development, in a form acceptable to the City Attorney, at time of final subdivision
approval.
48. The plat shall be revised to eliminate drainage and utility easements over all stormwater
ponds.
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February 3, 2015
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-- 49. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
50. The developer shall provide a plan to be approved by staff including development -owned
vault(s) at an entry point(s) to the premises and a conduit system to provide fiber optic to all
buildings in the development. The conduit system shall utilize a multi - partitioned inner duct
system, or other comparable means, to accommodate multiple fiber optic service providers
in the future. The conduit to the well house can be a single duct.
51. The developer shall provide private maintenance agreements for the private streets, in a
form acceptable to the City Attorney, at time of Final Subdivision approval.
52. "No Parking /Fire lane" signage shall be installed along the private streets and medians
within the development to ensure they be kept open for emergency vehicle access. The
developer shall provide a plan to be approved by the Fire Department that includes "No
Parking /Fire Lane" areas and any possible fire department pull offs.
53. Cross - easements for ingress /egress and shared parking shall be executed in a form
acceptable to the City Attorney.
54. This development shall be responsible for removing the existing driveway entrances not
utilized on Central Parkway, installing the associated curb and landscaped medians to close
the existing median openings on Central Parkway, and removing the temporary bituminous
median on the south end of Central Parkway and replacing it with a permanent concrete
median.
55. The development shall be responsible for all driveway and turn lane improvement costs
associated with this site.
56. The developer shall obtain all necessary permits from Dakota County for any work within
the Pilot Knob Road or Yankee Doodle Road right -of -way.
57. The development shall dedicate additional public right -of -way along Pilot Knob Road (CSAH
31) for future upgrade needs of the roadway, and as determined by Dakota County,
58. The plat shall be revised to dedicate sufficient public right -of -way for a potential future one -
lane roundabout at the intersection of Central Parkway and Quarry Road.
59. The developer shall enter into a trail easement agreement, in a form acceptable to the City
Attorney to provide public right -of -way or trail easement of sufficient size for any public
trails constructed outside the current right -of -way limits.
60. This development shall meet the City's Post Construction Requirements (City Code §4.33)
for stormwater management and surface water quality, including Runoff Rate Control, Total
Phosphorus (TP) & Total Suspended Solids (TSS) Control, and %2" Volume Control on the
site's impervious surface area.
61. Prior to receiving city approval to permit land disturbing activity, the developer shall provide
the City with soil boring logs from a minimum of four soil- borings from the proposed
infiltration area, extending a minimum of 10' below the bottom of the proposed infiltration
feature, to evaluate and ensure suitability for infiltration. If the soil boring logs indicate
incompatibility of existing sub -soil permeability with the submitted and reviewed design
plans for meeting volume control requirements, the developer shall revise the design and /or
construction plans to ensure volume control requirements are fully met.
62. Prior to receiving city approval to permit land disturbing activity, the property owner shall
enter into a long -term stormwater management system maintenance agreement with the
City, detailing the maintenance required to maintain proper operation and performance of
the permanent stormwater management system, in a form acceptable to the City Attorney.
63. Prior to receiving city approval to permit land disturbing activity, the developer shall provide
construction details of proposed sub - surface infiltration practice for City review (cross-
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February 3, 2015
16 page
sections, construction sequencing /protection, sizing /volume tables, details for inlets, proper
venting, maintenance access, etc.), to ensure sub - surface infiltration practice is properly
designed and constructed, and adequately protected during / after construction, to function
as intended. These details shall be included in applicable plan sheet(s).
644 During sub - surface infiltration practice over - excavation and sub -soil work, before and during
pea -rock backfilling and perforated pipe placement, the developer shall ensure that a
Certified Soil Scientist will be present to verify and document that infiltration practice area
sub -soils are suitable for a saturated condition infiltration rate of 0.7 -inch per hour or
greater. If the sub -soil infiltration rates are less than 0.7 -inch per hour, on which the sub-
surface infiltration practice was sized, the developer shall immediately notify the City
Engineer and revise the volume control project to ensure volume control requirements are
fully met.
65. Before the city issues a Certificate of Occupancy on the development site, the developer
shall provide the City Engineer as -built plans that demonstrate that all constructed
stormwater conveyance structures and management facilities (ponds and sub - surface
infiltration practice) conform to design and /or construction plans, as approved by the City.
As -built volumes (for detention and retention) shall be provided for the ponds and sub-
surface infiltration practice. The developer 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.
66. Park dedication shall be through cash dedication. The amount shall be determined by the
retail square footage reflected in the approved plan and recognizing a past dedication credit
of 37.5 %, to be satisfied through a cash payment at the time of Final Subdivision at the rates
then in effect.
67. Trails dedication shall be satisfied through installation of a trail system along Central
Parkway adjacent to the development site, to the satisfaction of the City.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative /intergovernmental affairs update.
ADMINISTRATIVE AGENDA
There were no administrative agenda items to be heard.
There were no visitors to be heard.
VISITORS TO BE HEARD
ADJOURNMENT
Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at
9:20 p.m. Aye: 5 Nay: 0
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February 3, 2015
17 page
Date
-mS
Mayor
City Clerk