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07/31/2006 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 31, 2006 A Listening Session was held prior to the regular City Council meeting at 6:00 p.m. in the Eagan Room. Present were Mayor Geagan, Councilmembers Fields, Maguire, Carlson and Tilley. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on July 31, 2006 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Carlson, Fields, Tilley, and Maguire. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, City Engineer Russ Matthys, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. CONSENT AGENDA Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the consent agenda as presented. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the July 18, 2006 regular City Council meeting . as presented B. Personnel Items. 1. It was recommended to approve the transfer of Christopher Meade from Dispatcher to Police Officer. 2. It was recommended to accept the letter of resignation from Kathleen Moilanen, part-time Clerical Tech III in the Police Department. C. Check Registers. It was recommended to ratify the check registers dated July 20, 2006 and July 27, 2006 as presented. D. Amendment to Budget. It was recommended to approve an amendment to the 2006 Equipment Revolving Fund Budget. E. Tobacco License. It was recommended to approve a Tobacco License for Elias Saman, 1424 Yankee Doodle Road (Eagan BP, Inc.) F. Project 778. It was recommended to approve a Traffic Control Signal Agreement for Project 778 (Trunk Highway 149 ? Street Upgrade) with the Minnesota Department of Transportation (MnDOT) and the City of Inver Grove Heights and authorize the Mayor and City Clerk to execute all related documents. G. Contract 06-09. It was recommended to approve plans and specifications for Contract 06-09 (Nicols Road and Blackhawk Hills Road ? Sidewalk Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, August 31, 2006. H. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements within Lots 2 and 3, Block 1 Highview Park Addition and schedule a public hearing to be held on September 5, 2006. I. City Code Amendment. It was recommended to authorize preparation of a City Code Amendment or Parks Dedication requirements to confirm with recent legislation. J. Off-Sale Liquor License. It was recommended to approve an off-sale liquor license for Melina P. To, dba MT Liquory, 1629 Lena Court #105. K. Sale of Remnant City Property. It was recommended to approve the sale of a remnant City property (west portion of Parcel 10-03600-020-82) to Revestors, Inc., and authorize the Mayor and Clerk to execute all necessary documents. Eagan City Council Meeting Minutes July 31, 2006 Page 2 PUBLIC HEARINGS There were no public hearings. OLD BUSINESS PRELIMINARY SUBDIVISION ? EAGAN HILLS ALLIANCE CHURCH City Administrator Hedges introduced this item regarding a Preliminary Subdivision for Eagan Hills Alliance Church to create two lots upon 10.2 acres located at 670 and 700 Diffley Road. He noted that this item was th continued from the July 18 City Council meeting to allow the applicant time to discuss and resolve issues with a concerned neighbor. City Planner Ridley provided an update. Tom Gothmann, representing Eagan Hills Alliance Church, stated that he had met with Scott Bailey, adjoining property owner, twice since the last Council meeting to discuss his concerns regarding drainage, lighting and screening. Mr. Gothmann stated that the church is committed to work with Mr. and Mrs. Bailey regarding their concerns. Mrs. Bailey was present and restated their concerns regarding the drainage, lighting and removal of significant trees. The Council discussed additional conditions regarding the drainage issue, a landscape plan and the adjustment of light fixtures. In response to a question by Councilmember Maguire, Mr. Gothmann stated the church should be able to maintain the 35? parking lot setback to the south when that parking area is added in the future. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision (Eagan Hills Alliance Church) to create two lots upon 10.2 acres located at 670 and 700 Diffley Road, in the NW ¼ of Section 25, 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: A1, B1, B2, B3, and B4. 2. The property shall be platted. 3. A cash dedication in lieu of on-site water quality ponding for 3.7 acres shall be required, payable at the time of final plat. 4. This development is responsible for a cash trail dedication for 3.7 acres, payable at the time of final plat at the rates then in effect. 5. This development is subject to cash parks dedication deferred until such time as the use changes to something other than a church, at the rates then in effect. 6. Applicant shall work with the neighbors to the southwest to resolve any drainage issue, to the satisfaction of City staff. 7. Applicant shall submit a Landscape Plan, for staff approval, providing screening from the parking lot to the residences to the west and south and shall install the material in accordance with the approved plan. 8. Applicant shall adjust any light fixtures on the church property so that the light source is not visible from adjoining properties. NEW BUSINESS ND PRELIMINARY AND FINAL SUBDIVISION (LEXINGTON RIDGE 2) MILLERVILLE, INC. City Administrator Hedges introduced this item regarding a Preliminary and Final Subdivision to create two lots located at 1149 Diffley Road. City Planner Ridley gave a staff report. Eagan City Council Meeting Minutes July 31, 2006 Page 3 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision nd (Lexington Ridge 2) to create two lots located at 1149 Diffley Road in the NE ¼ of Section 27 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: A1 2. The property shall be platted. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Final Subdivision nd (Lexington Ridge 2) to create two lots located at 1149 Diffley Road in the NE ¼ of Section 27. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT ? OAK TRUST BANK City Administrator Hedges introduced this item regarding a Conditional Use Permit Amendment to allow a pylon sign for Oak Trust Bank located at 1642 Diffley Road. City Planner Ridley gave a staff report. He noted that a new plan for the proposed sign had been submitted since the review of the Advisory Planning Commission. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow a pylon sign for Oak Trust Bank located at 1642 Diffley Road in the NW ¼ of Section 28 subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded with Dakota County within 60 day of the date of approval and proof of its recording be provided to the City. 2. The letters shall not scroll, intermittently change or flash; the content can change as the message changes up to four times a day. 3. All signage is subject to the Sign Ordinance. PLANNED DEVELOPMENT AMENDMENT BLUE CROSS BLUE SHIELD City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow three pylon directional signs and a uniform sign package for the Blue Cross Blue Shield properties. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to allow three pylon directional signs and a uniform sign package for the Blue Cross Blue Shield properties: two pylons on Lot 1, Block 1 Clue Cross Addition in the NE ¼ of Section 17, and one (1) pylon on Outlot A Riverpark in the SE ¼ of Section 8 subject to the following conditions: Aye: 5 Nay: 0 1. A petition to vacate a portion of the easement area on Outlot A Riverpak must be applied for prior to recording of the Planned Development Agreement and issuance of sign permits. 2. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder?s office within 60 days of Council approval. Recording of the Agreement must be completed prior to issuance of sign permits. 3. A sign permit must be obtained for each new pylon and monument sign to be installed, and for each face change-out on existing signage. 4. All pylon and monument signs shall be set back at least 10 feet from all property lines. 5. The monument at Yankee Doodle Road and Highway 13 shall be removed prior to installation of the pylon. The pylon shall not exceed 13-1/2? in height or 96 square feet in area. 6. The monument at Yankee Doodle Road and Blue Cross Drive shall be removed prior to installation of the pylon. The pylon shall not exceed 10-1/2? in height or 54 square feet in area. 7. The pylon at Yankee Doodle Road and Yankee Drive shall not exceed 9? in height or 40 square feet in area and applicant must obtain approval of a petition to vacate a portion of the easement area prior to installation. Eagan City Council Meeting Minutes July 31, 2006 Page 4 8. All signs shall be similar in design, font and materials used with brick bases, aluminum square tubing posts, brushed aluminum faces, and black lettering. 9. A landscape plan illustrating the location of landscaping to be removed and replaced shall be submitted. CONDITIONAL USE PERMIT ? TIZIANI GOLF CAR City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow outdoor storage of 3,000 golf cars and utility vehicles located at 3245 Terminal Drive. City Planner Ridley gave a staff report. Council members held a brief discussion regarding the site for the proposed outdoor storage. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow outdoor storage of 3,000 golf cars and utility vehicles for Tiziani Golf Car located at 3245 Terminal Drive in the SE ¼ of Section 08 subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. Outdoor storage is limited to 3,000 golf cars and utility vehicles. 3. The applicant shall obtain a grading permit from the City prior to the construction of the proposed outdoor storage areas. Detailed plans for this grading work shall be prepared and signed by a registered professional engineer. 4. The applicant shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is also subject to the City?s recently codified land disturbance and erosion control regulations. 5. If recycled asphalt aggregate is used for the outdoor storage areas, the site will be subject to periodic review by City staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 6. All parking and storage areas shall be properly maintained to prevent deterioration. 7. An approved turn around should be installed on the south side of the building for fire trucks. 8. Any outdoor storage visible from the public right-of-way shall be screened from view. 9. The applicant shall provide a revised site plan depicting 51 parking spaces upon the site. PLANNED DEVELOPMENT AMENDMENT ? FENDLER PATTERSON City Administrator Hedges introduced this item regarding a Planned Development Amendment to construct a multi-tenant retail center upon approximately 1.6 acres located at 3240 Denmark Avenue. City Planner Ridley gave a staff report. It was noted that the proposed amendment specifically includes requests for a pylon sign; on- sale 3.2 beer and wine in conjunction with restaurant uses; drive-through service; Class II or ?fast casual? restaurant uses. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to construct a multi-tenant retail center upon approximately 1.6 acres located at 3240 Denmark Avenue, legally described as Lot 2, Block 1, Wings Addition, in the SW ¼ of Section 10 subject to the following conditions: Aye: 5 Nay: 0 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder?s Office prior to issuance of a building permit. The following plans re required for the Agreement: ? Site Plan ? Landscape Plan ? Building Elevations Eagan City Council Meeting Minutes July 31, 2006 Page 5 ? Signage Plan ? Site Lighting Plan 2. A Final Planned Development Agreement shall be executed and recorded prior to commencing construction. The following exhibits are required for the Final Planned Development Agreement: ? Site Plan ? Landscape Plan ? Building Elevations ? Signage Plan ? Site Lighting Plan 3. On-sale liquor shall occur only in conjunction with a restaurant. 4. The developer shall provide private ingress/egress driveway to Wings Addition, if necessary. 5. The developer shall confirm that the 30% minimum green space standard is satisfied. 6. A revised Landscape Plan shall be provided for incorporation into the Final PD Agreement which includes modifications to provide additional landscaped areas and corrected notes. All landscape areas shall have automatic irrigation and planting specifications shall note trees are to be planted with the root flare even with finished grade. 7. The Site Lighting Plan shall be revised to provide better uniformity and better security in the southeast parking lot. 8. The size and number of tenant signage shall be subject to City Sign Code requirements. All building signage shall consist of individual backlit channel letters. Can or cabinet signs shall not be allowed. CONDITIONAL USE PERMIT ? OUTDOOR SPECIALTIES, LLC City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow outdoor storage of equipment and landscape materials upon 0.58 acres located south of Lexington Avenue and Highway 55; a variance of 10 feet to the required 20 foot side yard building setback; a variance of 15 feet to the required 20 foot parking setback from a right-of-way; and a variance of 4 stalls to the required 14 parking stalls. City Planner Ridley gave a staff report. Architect Mark Hanson and business owner Chris Rossman discussed meeting the required building material standards, the positioning of the building on the site and the outdoor storage. They indicated they would be willing to modify plans to upgrade the fencing materials and other potential modifications. Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve a Conditional Use Permit to allow outdoor storage of equipment and landscape materials upon 0.58 acres located south of Lexington Avenue and Highway 55, legally described as Lot 2, Plainview Addition subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. All trash and recyclables containers should be stored inside the building, or within an enclosure consistent with the provisions in the City Code. 3. The exterior building finish materials shall be modified to achieve compliance with the architectural standards ordinance. 4. The Landscape Plan shall be revised prior to issuance of a building permit to add evergreen shrubs along the west side of the site, and modify the planting specifications to indicate that the root flare of trees shall be even with finished grade. All landscaped areas shall have automatic irrigation. 5. Regarding the landscape notes and planting details, all landscaped areas should be noted as having automatic irrigation, which is required by City Code. Also, trees should be set with the root flare even with finished grade. 6. A Site Lighting Plan will be required at the time of building permit application. Site lighting shall be subject to compliance with City Code requirements. Eagan City Council Meeting Minutes July 31, 2006 Page 6 7. The monument sign shall be constructed of materials to match the principal building. The monument sign shall comply with Sign Code requirements which limit the sign face to four feet in height, and shall satisfy required setbacks of 10 feet from all property lines. 8. Utility extensions shall be available to the property prior to the issuance of the building permit. 9. Outdoor storage items shall be placed within a solid 8? tall enclosure. 10. The applicant shall work with City staff regarding a durable earth-tone color fence, to match the building, to enclose the outdoor storage area. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Variance of 10 feet to the required 20 foot side yard building setback on Lot 2, Plainview Addition, subject to the following condition: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Variance of 15 feet to the required 20 foot parking setback from a right-of-way on property legally described as Lot 2, Plainview, subject to the following condition: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Variance of 4 stalls to the required 14 parking stalls on property legally described as Lot 2, Plainview, subject to the following condition: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. PROJECT 941, PLAINVIEW ADDITION UTILITY IMPROVEMENTS City Administrator Hedges introduced this item regarding a petition for the preparation of a Feasibility Report by the City Engineer for Project 941 (Plainview Addition ? Utility Improvements). City Engineer Russ Matthys gave a staff report. Councilmember Fields moved, Councilmember Maguire seconded a motion to accept the petition and authorize the preparation of a Feasibility Report by the City Engineer for Project 941 (Plainview Addition ? Utility Improvements). Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no updates. ADMINISTRATIVE AGENDA Acting Chief of Police McDonald and Fire Chief Scott discussed the National Night Out events scheduled for Tuesday, August 1. VISITORS TO BE HEARD Eagan City Council Meeting Minutes July 31, 2006 Page 7 There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Maguire seconded a motion to adjourn the meeting at 7:50 p.m. _______________________________ ___________________________________ Date Administrative Secretary / Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance.