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07/06/2006 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 6, 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 6, 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, Public Works Director Tom Colbert, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Mayor commended the organizers of the Fourth of July celebration for their work and excellent event. CONSENT AGENDA Item G was pulled for discussion. It was noted that item L would be removed from the Consent Agenda and discussed during the closed session. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the balance of the consent agenda. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the June 20, 2006 City Council meeting as . presented B. Personnel Items. 1. It was recommended to approve the hiring of Leslie Chemielewski as a Planning Intern C. Check Registers. It was recommended to ratify the check registers dated June 22, 2006 and June 29, 2006 as presented. D. Tree Maintenance Contractor License. It was recommended to approve a Tree Maintenance Contractor License for Prime Cut Tree Service, 756 Jackson Street, St. Paul. E. Massage Therapy Establishment License. It was recommended to approve a Massage Therapy Establishment License for Julie Bunde (All About You Salon), 525 Diffley Road. F. Project 778. It was recommended to approve a Record of Decision for Environmental Assessment / Worksheet for Project 778 (Trunk Highway 149 ? Street Upgrade) of a Negative Declaration on the need for an Environment Impact Statement (EIS). G. Street Name Change. Pulled for discussion H. City Project 03-Q. It was recommended to acknowledge the completion of improvements for City Project No. 03-Q (Wentworth Park) under terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions. I. Telecommunications Lease Agreement. It was recommended to approve the telecommunication lease agreement with Cingular Wireless for an antenna installation on the Yankee Doodle Reservoir at 760 Yankee Doodle Road, Eagan, MN and authorize the Mayor and City Clerk to execute all related documents. J. Tachsight Thermal Imager. It was recommended to accept a grant award of a thermal imager from Commercial Equipment Direct Assistance Program (CEDAP). K. Extension for Recording Final Plat. It was recommended to approve an extension to October 9, 2006 to record the Final Plat for Kennerick Third Addition, located west of Pilot Knob Road and north of Lone Oak Road in the SE ¼ of Section 4. Eagan City Council Meeting Minutes July 6, 2006 Page 2 L. Sale of Remnant Property. Consideration of the sale of remnant City property (Parcel 10-03600-020-82) to Revestors, Inc. Removed ? Discussion to be held at closed session M. Change in Address ? Off Sale Liquor License - It was recommended to approve a change in address on the off-sale liquor license for Black Diamond Liquor, LLC, dba Black Diamond Liquor, from 525 Diffley Road, Suite 1030 to Suite 2050. N. License and User Agreement - It was recommended to approve a license agreement with Davey Tree Expert Company for company to use specified city photos of Eagan?s Grandfather Tree with proper credit and authorize the Mayor and Clerk to sign all necessary documents. O. Comprehensive Guide Plan Amendment, Rezoning, Preliminary Subdivision, Conditional Use Permit and Variance - It was recommended to implement a Comprehensive Guide Plan Amendment to change the land use designation upon 4.34 acres from QP (Quasi-Public) to LD (Low Density) residential located west of I-35E and south of Deerwood Drive in the SW ¼ of Section 21. G. Street Name Change - street name change of Baffin Trail / Delaware Trail to Argenta Trail. Donn Kirchgatter spoke in favor of the name change of Baffin Trail / Delaware Trail to Argenta Trail. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the street name change of Baffin Trail / Delaware Trail to Argenta Trail. Aye: 5 Nay: 0 PUBLIC HEARINGS OUTLOT A, EAGAN WOODS OFFICE ADDITION RIGHT OF WAY VACATION City Administrator Hedges introduced this item regarding the vacation of a portion of public right-of-way (Eagan Woods Drive) within Outlot A, Eagan Woods Office Park Addition. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the vacation of a portion of public right-of-way (Eagan Woods Drive) within Outlot A, Eagan Woods Office Park Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 VARIANCE TO EXCEED LOT COVERAGE AT 1746 GALAXIE COURT ART AND CHAR LUNOW City Administrator Hedges introduced this item regarding a request for a variance to exceed 20 percent lot coverage by 2.7 percent for an addition to the principal structure at 1746 Galaxie Court. City Planner Ridley gave a staff report. Mayor Geagan opened the public hearing Kathy Johnson, adjoining property owner, expressed concern that a precedent would be set should the variance for additional lot coverage be granted. She requested, that should the variance be approved, additional landscaping / screening be required. Art and Char Lunow, applicants discussed the requested variance and plans for a porch addition. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Eagan City Council Meeting Minutes July 6, 2006 Page 3 Councilmembers concurred that given the vegetation surrounding their home, the porch addition would not be visibly intrusive to the neighboring property owners. They further agreed that due to the house having a door that currently does not lead out to a structure, the addition of the porch would be an improvement to the overall appearance of the house. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve a Variance to exceed 20 percent lot coverage by 2.7 percent for an addition to the principal structure at 1746 Galaxie Court; subject to the following conditions: 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. 2. Total building coverage shall not exceed 22.7 percent. OLD BUSINESS ORDINANCE AMENDMENT OF THE CITY OF EAGAN AMENDING EAGAN CITY CODE CHAPTER 10 ENTITLED ?PUBLIC PROTECTION, CRIMES AND OFFENSES? BY AMENDING SECTION 10.12, SUBD. 7(D), REGARDING REGULATION OF HARBORING CARRIER PIGEONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99 City Administrator Hedges provided background information regarding an ordinance amendment regulating the harboring of carrier pigeons. He noted that this issue had been previously discussed at the March 6, 2006 City Council meeting and the June 13, 2006 Special City Council meeting. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve an ordinance amendment amending Eagan City Code Chapter 10 entitled ?Public Protection, Crimes and Offenses? by amending Section 10.12, Subd. 7(d), regarding regulation of harboring carrier pigeons; and by adopting by reference Eagan City Code Chapter 1 and Section 10.99; and the moratorium on prohibiting consideration of the issuance of pigeon harboring licenses will be lifted at the time of publication of the ordinance amendment. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT ? JOE KOHAUT (VIVA ITALIA) (REQUEST FOR MODIFICATION) City Administrator Hedges introduced this item regarding a request for modification to conditions regarding reserved parking signs in conjunction with a Planned Development Amendment to add patio dining to the Viva Italia restaurant at 1629 Lena Court. City Planner Ridley provided background information, noting that the applicant has approached other tenants of the shopping center regarding the removal of the reserved parking signs and they have been unwilling to amend their leases. After discussion, Council concurred that the reserved parking signs should not be allowed after the expiration of existing leases. Councilmember Maguire moved, Councilmember Fields seconded a motion to approve the request for modification to conditions regarding reserved parking signs in conjunction with a Planned Development Amendment to add patio dining to the Viva Italia restaurant at 1629 Lena Court with an additional condition that the reserved parking signs come down at the time of expiration of existing leases and that no additional reserved parking signs are allowed. Aye: 5 Nay: 0 NEW BUSINESS PRELIMINARY SUBDIVISION (GOPHER COMMONS) GOPHER RESOURCES Eagan City Council Meeting Minutes July 6, 2006 Page 4 City Administrator Hedges introduced this item regarding a preliminary subdivision of 21 acres to create 3 lots and one outlot on property located in the southwest corner of Yankee Doodle Road and Highway 149. City Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision of 21 acres to create 3 lots and one outlot on property located in the southwest corner of Yankee Doodle Road and Highway 149 in the NW ¼ of Section 13, 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, 2, 3, 4, C1, 2, 3, D1 and E1. 2. The property shall be platted. 3. The designer of the erosion/sediment control plan required under the MPCA permit shall be certified through a state erosion/sediment control design training course, such as offered by the Minnesota Department of Transportation, or a City-approved equal erosion/sediment control design training course. 4. The developer shall be responsible for acquiring permit approval from Canadian Pacific Railroad to allow the discharge of storm water and construction activity within railroad right-of-way prior to Final Subdivision approval. 5. The developer shall reduce the amount of discharge to one point, and provide sufficient storm flow energy dissipation so as not to erode areas within the railroad right-of-way ditch, as approved by City staff. 6. The developer shall construct an outlet skimmer on the proposed storm water basin, in accordance with City standards. 7. This developer shall meet all conditions of plat approval and permit approval as required by Dakota County. 8. The developer shall provide a private ingress/egress easement in favor of the West Publishing property providing for future use of the private street within the development, as approved by the City Attorney. 9. The developer shall provide cross easements for parking and access in a form acceptable to the City Attorney. 10. The developer shall be responsible for acquiring permit approval from Magellan Petroleum for all development work within the pipeline easement on the property. 11. The developer shall be responsible for acquiring permit approval from the MN Department of Transportation for all work within Highway 149 right-of-way, prior to final subdivision approval. 12. If the Outlot is not buildable it shall be combined with Lot 1 at Final Subdivision, the developer shall make this determination. 13. This development shall be responsible for a cash parks and trails dedication. 14. The applicant shall fulfill the required tree mitigation through the installation of forty-two (42) Category B trees, or an equivalent combination of Category A, B or C trees. 15. To meet water quality requirements, one pond shall be constructed to treat stormwater from 20 acres. It shall have minimum wet-pond volumes and areas according to stormwater runoff and storage models that are acceptable to the City. The treatment ponds shall be constructed to treat stormwater from 20 acres. It shall have minimum wet-pond volumes and areas according to stormwater runoff and storage models that are acceptable to the City. The treatment ponds shall be constructed according to NURP standards with a maximum depth of 10 feet and a 10:1 aquatic bench from normal water level. 16. In lieu of ponding to treat stormwater runoff from 2.8 acres, a cash dedication should be required. 17. Final Planned Development review is required for development of these lots. 18. Any outdoor storage would require a Planned Development Amendment. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, PRELIMIARY PLANNED DEVELOPMENT AND VARIANCE ? SUNRISE PROPERTIES Eagan City Council Meeting Minutes July 6, 2006 Page 5 City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment changing the land use designation from LD (Low Density Residential) to HD (High Density Residential) of approximately 5.1 acres; a rezoning from A, Agriculture and R-4, Residential, Multiple, to PD, Planned Development; a preliminary planned development to create a 107 unit apartment building upon 6.8 acres; all located at 2101 Wuthering Heights Road and adjacent property south of 2099 Silver Bell Road; and a variance of 30 feet to the required 50- foot setback from a public right-of-way for the existing apartment building on 2099 Silver Bell Road. City Planner Ridley gave a staff report. Theresa Haglund, Sunrise Properties, was present to answer questions of the Council. A brief discussion was held. Councilmember Carlson moved, Councilmember Fields seconded a motion to implement a Comprehensive Guide Plan Amendment changing the land use designation from LD (Low Denisty) to HD (High Density Residential) of approximately 5.1 acres located at 2101 Wuthering Heights Road in the SE ¼ of Section 18. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Rezoning from A, Agriculture and R-4, Residential, Multiple, to PD, Planned Development of 6.8 acres located at 2101 Wuthering Heights Road and adjacent property south of 2099 Silver Bell Road in the SE ¼ of Section 18. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Planned Development to create a 107-unit apartment building upon 6.8 acres located west of Silver Bell Road and Highway 13 in the SE ¼ of Section 18, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall execute a Planned Development Agreement which includes the following plans: ? Site Plan ? Building Elevations ? Site Lighting Plan ? Landscaping Plan ? Signage Plan 3. The property shall be platted prior to issuance of any building permits. 4. Architectural design and construction methods for construction of the apartment building shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA. 5. The remnant Outlot A of Lot 1, Block 1, Vogelpohl Addition shall be included in the right-of-way easement area. 6. R-4, Residential Multiple setbacks shall apply to this development except as noted otherwise. 7. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to final plat and planned development approval. 8. 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. 9. 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. 10. The developer shall construct an outlet skimmer structure, in accordance with City engineering standards, on the outlet from the proposed pond. 11. The proposed public street shall be constructed to City engineering standards. 12. The developer shall acquire the necessary public drainage & utility easement to cover the proposed storm sewer pipe and pond expansion on Lot 1, Block 1, Cedar Bluffs Business Center, prior to final plat and Final Planned Development approval. The easement shall be in a form acceptable to the City Attorney. 13. The developer shall acquire the necessary public street easement from Lot 1, Block 1 Vogelpohl Addition to cover the proposed street extension, prior to final plat and planned development approval. The easement shall cover the necessary street extension and include the area shown as Outlot A within Vogelpohl Addition on the preliminary site plan. The easement shall be in a form acceptable to the City Attorney. Eagan City Council Meeting Minutes July 6, 2006 Page 6 14. This development shall dedicate 10? drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 15. This development shall provide all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency, in a form acceptable to the City Attorney. 16. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. 17. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards, guidelines and policies. 18. The developer shall provide a financial guarantee and inspection escrow, in amounts and types in accordance with City final subdivision procedures and policies, for the public street and utility work for the development, prior to final plat and planned development approval. 19. The developer shall provide as-built record plans of all public streets and utilities, in a form acceptable to the City Engineering Department, at the completion of the development and before occupancy of the proposed building. 20. Two ponds should be utilized to treat stormwater runoff as proposed. The ponds should have dimensions acceptable to City standards. 21. The developer shall fulfill tree mitigation requirements through the installation of one hundred three (103) Category B trees, and a cash payment of $22,500.00. 22. The developer shall protect preserved trees? 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. 23. The developer shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 24. The developer shall demonstrate compliance with recreational space requirements and interior storage space requirements prior to Final Planned Development approval. 25. The developer shall revise the Landscape Plan to preserve proof of parking areas for future use and maintain visibility along the drive lanes. 26. The Landscape Plan shall be revised prior to Final Planned Development approval to address the following: a. Review placement of trees on the slope west of the building to ensure that planting and maintenance can be accomplished. b. Substitute tall deciduous trees for conifers on the west side of the building. c. Maintain visibility along the drive lanes d. Substitute shorter ornamental trees near the patio so as not to obstruct emergency access to the upper floors of the building. 27. The applicant shall enter into a maintenance agreement with the City for perpetual maintenance of the landscaping within the right of way area south of the new public street. The Final Landscape Plan shall be signed by the landscape architect or certified nurseryperson who prepared it. 28. The monument sign shall be permitted in the right-of-way easement adjacent to Silver Bell Road, and shall be set back at least 10 feet from all property lines. The applicant shall enter into a maintenance agreement with the City for perpetual maintenance of the monument sign and right of way area. 29. The developer shall have the lighting engineer and landscape architect review the Site Lighting Plan in conjunction with the planting plan to ensure the two do not conflict. Any conflicts shall be resolved and reflected on the Final Site Lighting plan required for the Final Planned Development application, and shall be subject to review and approval by City staff. 30. The developer shall have the lighting engineer should also verify that the sidewalk areas are sufficiently lit for safety and security purposes, and add pedestrian level lighting if necessary. Security and safety lighting shall be shown on the Final Site Lighting Plan required for Final Planned Development approval, and shall be subject to review and approval by City staff. 31. This proposal shall be responsible for a cash parks and trails dedications payable at the time of final plat at the rates then in effect. Eagan City Council Meeting Minutes July 6, 2006 Page 7 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Variance of 30 feet to the required 50-foot setback from a public right of way for the existing apartment building on 2099 Silver Bell Road from the new public street to serve the proposed Kennealy Ridge apartment development. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT ? PARK NICOLLET City Administrator Hedges introduced this item regarding a planned development amendment to allow a pylon sign on Plaza Drive which contains a 20,000 medical facility. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development rd Amendment to allow a pylon sign on Lot 1, Block 1, Galaxie Cliff 3 Addition in the NW ¼ of Section 32 subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall execute and record a Planned Development Amendment Agreement at Dakota County within 60 days of City Council approval. 2. A sign permit shall be obtained prior to sign placement and the proposed pylon sign shall meet all City Code requirements including spacing and size limitations. Sign face area shall be limited to 125 square feet per side. 3. The pylon sign shall serve as the subject site?s identification signage form I-35E and the existing building signage located on the rooftop mechanical screen wall shall be removed. 4. A Landscape Plan, illustrating the location of landscaping to be removed and replaced, shall be submitted. Mayor Geagan recessed the regular City Council meeting to immediate convene a meeting of the Economic Development Authority at 7:30 p.m. The regular City Council meeting was reconvened at 7:35 p.m. ADMINISTRATIVE AGENDA There were no action items under the Administrative Agenda. VISITORS TO BE HEARD There were no visitors who wished to be heard. The meeting was recessed into closed session at 7:40 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). 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