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10/06/2005 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota October 6, 2005 A Listening Session was held October 6, 2005 at 6:00 p.m. prior to the regular City Council meeting. All members of the City Council were present. Liz Witt provided an update on the activities of the League of Minnesota Cities and Dakota County Parks, specifically Lebanon Hills. She also requested an update on negotiations with the United State Postal Service. City Administrator Hedges provided an update. A regular meeting of the Eagan City Council was held on October 6, 2005 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Fields, Tilley, Maguire and Carlson. 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 Intern Genee Walz. AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS & PRESENTATIONS A. Oath of Office. Chief Therkelson provided an overview of the process and an introduction to two new police officers, Daniel McCarty and Brian Caron. Mayor Geagan administered the Oath of Office. CONSENT AGENDA Councilmember Tilley moved, Councilmember Maguire 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 September 20, 2005 regular City Council . meeting as presented B. Personnel Items. 1. It was recommended to authorize the issuance of a request for proposal for dental insurance through an informal cooperative brokered by CBIZ Benefits and Insurance Services in Minneapolis. C. Check Registers. It was recommended to ratify the check registers dated September 22, 2005 and September 29, 2005 as presented. D. Resolution to Issue and Sell Bonds. It was recommended to approve a resolution to issue and sell: ? $5,160,000 General Obligation Improvement Bonds, Series 2005A 05-50 ? $3,840,000 General Obligation Water Revenue Refunding Bonds, Series 2005B ? $1,550,000 General Obligation Improvement Refunding Bonds, Series 2005C E. Public Hearing to Certify Delinquent Utility Bills. It was recommended to set a public hearing date for November 1, 2005 to certify delinquent utility bills. F. Public Hearing to Certify Delinquent False Alarm Bills. It was recommended to set a public hearing date for November 1, 2005 to certify delinquent false alarm bills. G. Public Hearing to Certify Delinquent Weed Cutting Bills. It was recommended to set a public hearing date for November 1, 2005 to certify delinquent weed cutting bills. H. Licensee Name change on Liquor License. It was recommended to approve the licensee name change on the off-sale liquor license from Madigan Companies, Inc. to Madco Incorporated. I. Extension of Terms. It was recommended to extend the terms of the Gun Club WMO to April 1, 2006. nd J. Project 03-H, Kennerick 2 Addition. It was recommended to acknowledge the completion of Contract nd 03-H (Kennerick 2 Addition ? Street and Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. K. RFQ ?Document Imaging System. It was recommended to authorize the issuance of Request for Proposals for an electronic document management system and authorize the advertisement for bids. Eagan City Council Meeting Minutes October 6, 2005 Page 2 L. Project 04-D. It was recommended to acknowledge the completion of Contract 04-D (Sugar Bluffs Addition ? Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. M. Project 911. It was recommended to receive the Final Assessment Roll for Project 911 (Berkshire Ponds / nd Safari 2 Additions ? Street Overlay) and schedule a public hearing to be held on November 1, 2005. N. Project 915. It was recommended to receive the Final Assessment Roll for Project 915 (Ridgecliffe Additions / Covington Lane / Galaxie Avenue ? Street Overlay) and schedule a public hearing to be held on November 1, 2005. O. Contract 05-03. It was recommended to approve Change Order #3 to Contract 05-03 (Well #21) and authorize the Mayor and City Clerk to execute all related documents. P. Change in Dog License Fee. It was recommended to approve a change in the dog license fee for 2006- 2007 from $14 for a two-year license to $18 for a two-year license. Q. Application for Exempt Permit. It was recommended to adopt a Resolution approving application for 05-51 Exempt Permit for Faithful Shepherd Catholic School to hold a raffle on January 28, 2006 at 3355 Columbia Drive. PUBLIC HEARINGS VARIANCE ? STEVE MARSTAD City Administrator Hedges introduced this item regarding a variance request to exceed the allowable 576 square feet detached accessory structure limits for a new detached garage on property located at 1740 Cliff Road. City Planner Ridley gave a staff report. Mayor Geagan opened the public hearing. Steve Marstad, 1740 Cliff Road, highlighted that his property is two acres instead of the normal 1/3 acre to which the ordinance normally applies. He argued that having the equipment inside is more aesthetically pleasing than keeping the equipment outside. To Mr. Marstad?s knowledge, his neighbors have no concern with his request. He added that his property and the proposed building are highly screened from outsiders. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to Council. Council discussed decreasing the size of the proposed building to comply with the ordinance. City Attorney Dougherty clarified that the property could be subdivided into smaller lots in the future. He also mentioned that, if Council decided, the size of the building could be a qualifying factor in their decision for approval or denial of the variance. He concluded by saying that the applicant must be agreeable to new accessory structure limits before the action can be voted upon. Mr. Marstad was agreeable to the new accessory structure limit of 882.9 square feet. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Variance to exceed the allowable 576 square feet detached accessory structure limits for a new detached garage on property located at 1740 Cliff Road in the NE ¼ of Section 32, subject to the following conditions: Aye: 5 Nay: 0 1. The property shall be platted. 2. 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. 3. The accessory structure shall meet all other zoning code and building code requirements. 4. The accessory structure is limited to 882.9 square feet. Eagan City Council Meeting Minutes October 6, 2005 Page 3 5. No other accessory structures shall be allowed. PROJECT 914, THOMAS LAKE HEIGHTS STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the Final Assessment Roll for Project 914, Thomas Lake Heights street overlay improvements. City Engineer Matthys gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, Mayor Geagan closed the public hearing and turned discussion back to Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 914 (Thomas Lake Heights ? Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 STRDTH PROJECT 916, ST. FRANCIS WOODS 1 / 3 ? 5 STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Project 916, St. strdth Francis Woods 1 / 3 ? 5 Additions street overlay improvements. City Engineer Matthys gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Maguire complimented the Department of Public Works for coming in below proposed assessment levels. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Final Assessment strdth Roll for Project 916 (St. Francis Woods 1 / 3 ? 5 Additions ? Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 ND LaQUINTA INN (EAGAN WOODS OFFICE PARK 2 ADDITION) EASEMENT VACATION City Administrator Hedges introduced this item regarding the vacation of public drainage and utility nd easements within Outlot C, Eagan Woods Office Park 2 Addition. City Engineer Matthys 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 Tilley moved, Councilmember Fields seconded a motion to close the Public Hearing and continue consideration of the vacation of public drainage and utility easements within Outlot C, Eagan nd Woods Office Park 2 Addition to be concurrent with Final Plat approval for La Quinta Addition. Aye: 5 Nay: 0 NEW BUSINESS ORDINANCE AMENDMENT ? CHAPTER 6, OTHER BUSINESS REGULATION AND LICENSING ? REGARDING MASSAGE THERAPY ESTABLISHMENT AND MASSAGE THERAPY LICENSES City Administrator Hedges introduced this item regarding an ordinance amendment to Chapter 6 regarding Massage Therapy Establishment and Massage Therapy Licenses. Mayor Geagan opened the public hearing. Eagan City Council Meeting Minutes October 6, 2005 Page 4 Al Landischevski, 1142 Aquarius Lane, expressed his concern over the number of classroom and training hours required to obtain a license. Administrative Services Director VanOverbeke replied that the amendment to the ordinance does not have any impact on the number of classroom and training hours required for license. He proceeded to read the classroom and training requirements as stated in the ordinance. Mayor Geagan asked Chief Therkelson if he has researched the public safety impact of different certification requirements. Chief Therkelson stated that although he had not looked into different certification requirements, the current ordinance requirements have been successful in regarding public safety and consumer protection issues. He mentioned that he is comfortable with the language of the ordinance amendment and does not anticipate problems. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an ordinance amendment to Chapter 6, Other Business Regulation and Licensing, regarding Massage Therapy Establishment and Massage Therapy Licenses. Aye: 5 Nay: 0 PRELIMINARY PLANNED DEVELOPMENT AND FINAL PLANNED DEVELOPMENT (OUTLOT A, THTH LEXINGTON POINTE 13 ADDITION AND OUTLOT A LEXINGTON POINTE 7 ADDITION) ? RELIANCE DEVELOPMENT City Administrator Hedges introduced this item regarding a Preliminary Planned Development and a Final Planned Development for a retail commercial development, consisting of a 43,175 square foot grocery store, and two 10,000 square foot multi-tenant retail buildings south of Diffley Road and east of Lexington Avenue in the NW ¼ of Section 36. City Attorney Dougherty explained the legal constraints presented by the property?s current zoning in light of the Comprehensive Guide Plan. He also clarified the consequences of approval, denial, or continuance of the item. City Planner Ridley gave a staff report outlining deviations and variances as well as reasons for denial by the APC. Council asked for clarification between the differences between the zoning of Planned Development and Neighborhood Business as it relates to the proposed development. City Planner Ridley provided a comparison of the two options. Council asked for an overview of the process for rezoning to Neighborhood Business. City Attorney Dougherty stated the process and clarified that there would be little legal stance to deny the application to Neighborhood Business rezoning. Mayor Geagan asked for comments from the developer. John Trouts of Reliance Development Company, a partner in Diffley Ventures, thanked the Council for the previous continuance. He stated that his development would provide an attractive architectural package, an over- standard green space including an outdoor plaza, and finally a unified development plan providing continuity to the area. He also expressed interest in reducing residential and commercial traffic mix by engaging the developer, the City and Dakota County in constructing a full access entrance with traffic light at the main access point on Diffley. He said that if the main access point on Diffley had a traffic light, there would be no need for an access point off of Daniel Drive. He also pledged to pay for 75% of the traffic light. Mayor Geagan opened for Council discussion. Council asked Staff for their opinion on traffic options and the willingness of the County to negotiate the access points. City Engineer Matthys reviewed the traffic options and summarized the County?s specifications on access points. Council directed staff to discuss the options further with the County, preferring a fully signalized main access point to be across from the elementary school on Diffley, full access to Daniel Drive and no Daniel Drive access to the development. Council discussed landscaping options in the development, specifying desire for double-stacked evergreens and a decorative fence along property line to discourage walk-through traffic. Eagan City Council Meeting Minutes October 6, 2005 Page 5 Mayor Geagan opened for public comment. Nineteen members of the public expressed their concerns including: increased traffic, children safety, County acceptance of full-signalization proposal, store hours, architecture congruity with neighboring buildings, scale of store, future improvements to Lexington and Diffley roads, quality of Rademacher?s franchise, outdoor trash and storage, number of and noise generated by trucks, emergency vehicle access to Daniel Drive, allowance of a service road, applicability of past zoning to today?s needs, number of full access points, impact of a signalized intersection on the traffic capacity of Diffley Road, property valuation after site is developed, height and brightness of lights in parking lot, height and length of berm on property line, resident recourse if County denies access proposal, precedence set for nearby undeveloped sites, size of parking spaces and their impact on development size, developer payment of traffic signal, content of retail stores, impact of a destination grocery store as opposed to a neighborhood grocery store, elevation impact during grading, and the number of conditions of approval. Council, City staff and the developer responded to a list of questions generated during the public comment period. Mayor Geagan closed the public comment period and turned discussion back to the Council. Council thanked everyone for their participation and diligence in becoming educated about the issue. PreliminaryPlanned Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Development for a retail commercial development (Diffley Marketplace) consisting of a 43,175 square foot grocery store, two 10,000 square foot multi-tenant retail buildings, and two other retail buildings upon 10.94 acres located th south of Diffley Road and east of Lexington Avenue, legally described as Outlot A, Lexington Pointe 13 Addition th and Outlot A, Lexington Point 7 Addition, in the NW ¼ of Section 26, subject to the following conditions: Aye: 5 Nay: 0 1. A Final Planned Development Agreement shall be executed for each Phase of the development. The following plans are necessary for the Final Planned Development Agreement: ? Final Site Plan ? Final Building Elevations ? Final Site Lighting Plan ? Final Landscaping Plan ? Final Signage Plan 2. The property shall be platted prior to issuance of any building permits. Outlot A, Lexington Pointe 7th Addition, a 0.15 acre parcel adjacent to Daniel Drive) shall be included in the plat combining the two existing outlots that comprise this site into a single parcel. The platting shall be completed prior to issuance of any building permits. 3. Uses permitted within the NB zoning district shall be permitted within the two Phase I retail buildings. Only three Class II restaurants, with one drive-through service shall be permitted in the Phase I retail buildings. Any additional Class II restaurants in the Phase I retail shall require a Planned Development Amendment. 4. The approved use for the Phase II development shall be one Class II restaurant with drive through service and one financial institution with drive through service. Any use in Phase II other than the uses specified will require an amendment to the Preliminary Planned Development. 5. The following Class II restaurants shall be prohibited: McDonald?s, Burger King, KFC, Wendy?s, Taco Bell and Arby?s. 6. Phase II development will require Final Planned Development approval for each building. Each Final Planned Development application will require a Site Plan Review by the City Council. 7. Phase II development on the east end of the site shall be subject to the minimum setback requirements in the NB zoning district, except that any proposed buildings in Phase II shall be set back a minimum of 50 feet from the south property line, and parking may be set back 15 feet from Diffley Road. 8. With future subdivision, cross-easements will be needed for ingress/egress and parking in a form acceptable to the City Attorney. 9. The trash enclosures shall meet the 30-foot setback from the south property line. 10. The development shall provide a service drive dedicated to through movements and without direct parking stalls, from the existing access onto Diffley Road to the Walgreen's property. Eagan City Council Meeting Minutes October 6, 2005 Page 6 11. 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. 12. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 13. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements and area acceptable to the City Engineer. 14. 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. 15. To ensure that Walgreen?s will retain access to Diffley Road with future subdivision of the subject site, the developer shall provide a copy of the access easement affording Walgreen?s access to Diffley Road for review and approval by the City Attorney prior to release of the plat and Planned Development agreements for recording. 16. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 17. A detailed landscape plan shall be submitted on the proposed grading plan. The financial guarantee shall be provided in the form of a letter of credit in an amount equivalent to the cost of plant materials plus installation, as calculated by the City, and shall cover two full calendar years subsequent to the completion of the landscaping as provided in the approved landscape plan and shall be released only upon inspection and written notice of conformance by the City. 18. City water quality requirements shall be met primarily through construction of an on-site pond on the east end of the parcel. This pond shall have a minimum treatment volume of 1.5 acre-feet and a maximum depth of 10 feet. To account for the 1.04 acres of the site that drain off site to city streets without stormwater treatment, cash in lieu of ponding shall be paid at the rates in effect at the time of payment. 19. The applicant shall submit a revised Tree Mitigation Plan that shows the mitigation plantings separate from the Landscape Plan. This revised plan shall be submitted to City staff for review and approval by the City Forester prior to inclusion in the Preliminary PD Agreement. 20. The proposed Grading Plan must be revised to incorporate berming along Diffley Road. 21. The developer shall review the Landscape Plan and revise it as necessary to address the following issues: a. Selection of plants and use of taller narrower evergreen materials along the south boundary for solid screening and appropriate size and tolerance for growing conditions. b. Potential conflicts between parking lot island trees and site lighting. c. Designation of mitigation plantings in addition to landscape plantings. d. Added shrub and/or perennial beds along Diffley Road. 22. The site lighting plan shall be reviewed and calculations clarified or lighting modified to better achieve the IESNA recommended standards and reduce light spillover onto adjacent residential property. 23. Additional shielding or adjustments in the proposed lighting shall be made to achieve the 1.0 foot- candle or less at all points along the development where it abuts residential property. 24. The proposed grocery building elevations shall be modified to utilize brick as the primary exterior material rather than EIFS. 25. There shall be no signage on the cart corrals, and all shopping carts shall be retrieved from the corrals and stored within the building overnight. 26. Awnings on the two retail buildings shall be a canvas or Sunbrella material and shall not be illuminated and shall contain no signage. 27. Hours of operation for the grocery store and other commercial businesses shall be restricted to between 6:00 a.m. and 12:00 a.m. (midnight). 28. The driveway connection to Daniel Drive shall be eliminated and the plans resubmitted to Dakota County for review. 29. Grading operations shall occur only between 9:30 am and 3:00 pm. 30. The developer shall provide flagmen during grading operations. Eagan City Council Meeting Minutes October 6, 2005 Page 7 31. Construction operations shall cease at 9:00 pm. No action was taken on the Final Planned Development for Phase I of a retail commercial development (Diffley Marketplace) consisting of a 42,600 square foot grocery store and two 10,000 square foot multi-tenant retail buildings, upon 10.94 acres located south of Diffley Road and east of Lexington Avenue, legally described as thth Outlot A, Lexington Pointe 13 Addition and Outlot A, Lexington Pointe 7 Addition, in the NW ¼ of Section 26, pending Dakota County action on the site access issues. CONDITIONAL USE PERMIT ? RAMONA RODRIGUEZ City Administrator Hedges introduced this item regarding a Conditional Use Permit to exceed the 25% impervious surface maximum in a Shoreland Overlay District for a four season porch addition on property located at 1325 Carlson Lake Lane. City Planner Ridley gave a staff report. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to exceed the 25% impervious surface maximum in a Shoreland Overlay District for a four season porch addition on property located at 1325 Carlson Lake Lane in the NW ¼ of Section 27; 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. The impervious surface can not exceed 29%. 3. A landscape management plan and landscape plan shall be developed and implemented in consultation with the Soil and Water Conservation District and the City of Eagan prior to issuance of a building permit. COMPREHENSIVE GUIDE PLAN AMENDMENT ? OAK HILLS CHURCH City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment to change the land use designation from QP ? Quasi ? Public to LD ? Low Density residential, approximately 0.94 acres located at the southwest corner of the property at 1570 Yankee Doodle Road. City Planner Ridley gave a staff report. Mayor Geagan opened the public comment period. Gary Embertson, Treasurer of Oak Hills Church explained that the amendment would facilitate the church constructing one to two homes for missionaries on church property. He stated that this land use fits well into the surrounding residential area and that affected neighbors are supportive. He also mentioned the church would consider sharing in costs for a trail and a conservation easement if there is benefit to the City. There being no more public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Council discussed the precedent being set for pieces of land owned by other non-profit as well as impact to the land around the proposed property. City Attorney Dougherty clarified the tax-exempt status of the property. He also clarified that the Council cannot demand that there be no further subdivisions on the property. Councilmember Tilley moved, Mayor Geagan seconded a motion to direct that a Comprehensive Guide Plan Amendment to change the land use designation from QP ? Quasi-Public to LD ? Low Density residential, approximately 0.94 acres located at the southwest corner of the property at 1570 Yankee Doodle Road (east of Coachman Road opposite the entrance to the City Maintenance Facility) in the NW ¼ of Section 16, be submitted to the Metropolitan Council for review and approval. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes October 6, 2005 Page 8 COMPREHENSIVE LAND USE PLAN AMENDMENT ? DELTA DEVELOPMENT City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment for approximately 4.8 acres located on Lots 1 and 2, Block 1, Preusse Addition, from Business Park to Medium Density Residential. City Planner Ridley gave a staff report. Mayor Geagan opened the public hearing. Mark Parranto, Delta Development, addressed the concern of airport noise by stating the property owner will know about the impact of the new runway because it will be developed after the new runway is fully operational. He also provided an orientation for where the property is as well as the location of sewer lines, gas lines and elevations. He mentioned that there will be a homeowners? association and the unit price will be approximately $200,000. Janelle Walter, 2101 Waterville Lane, president of the townhome association near to the property in discussion raised two concerns: 1) the homeowners in her association purchased their properties with the understanding that the property in question was zoned industrial, causing concern about rezoning and 2) the homeowners in her association are concerned about increased traffic onto Diffley, particularly as there is only one entrance into the residential/industrial area. There being no more public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Council discussed easements, emergency vehicle access, noise levels and whether the roads were public or private. Councilmember Fields moved, Mayor Geagan seconded a motion to direct staff to direct the preparation of Findings of Fact for Denial of a Comprehensive Guide Plan Amendment for approximately 4.8 acres located on Lots 1 and 2, Block 1, Preusse Addition, from Business Park to Medium Density Residential. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT AND FINAL PLANNED DEVELOPMENT (OUTLOT C, ND EAGAN WOODS OFFICE PARK 2 ADDITION) ? LA QUINTA INNS, INC. City Administrator Hedges introduced this item regarding a rezoning from T, Transitional to PD, Planned Development on .76 acres located at 2779 Pilot Knob Road and a Final Planned Development to expand the existing Planned Development to adjacent property and change the approved use from Class I restaurant to a 152 room, five story hotel located at the southeast corner of Pilot Knob and Buffet Way. City Planner Ridley gave a staff report. Mayor Geagan opened the public hearing. th Maurice Taitt of LaQuinta Inns informed the Council that Minnesota will be the 40 state in which LaQuinta operates. He also informed Council of his intention to develop two lots into one, reduce access points, dedicate additional right of way, and provide trail connection. LaQuinta is currently working with Manley to develop complimentary entrance features. LaQuinta has also submitted notification to the FAA for approval of the proposed height of the building. Mr. Taitt closed by requesting consideration of three signs as signage is particularly important in the hospitality industry. There being no additional public comment, Mayor Geagan closed the public comment and turned discussion back to the Council. Council told Mr. Tate that, regarding signage, they were inclined to keep with code as the conditions are so stated in the APC minutes. An additional condition was added to ensure FAA approval of the proposed building?s height and that the entrance features on Buffet Way shall match that across the street in terms of design, size and materials. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Rezoning from T, Transitional, to PD, Planned Development upon 0.76 acres located at 2779 Pilot Knob Road in the NE ¼ of Section 4. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes October 6, 2005 Page 9 Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment and Final Planned Development to expand the existing Planned Development to adjacent property and change the approved use from Class I restaurant to a 152-room, five-story hotel upon 2.76 acres located at the southeast corner of Pilot Knob Road and Buffet Way in the NE ¼ of Section 4, subject to the following conditions: Aye: 5 Nay: 0 1. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City. The Final Planned Development Agreement shall be recorded against the property at the Dakota County Recorder?s office prior to issuance of a building permit. 2. The following exhibits are required for the Final Planned Development Agreement: a. Final Site Plan b. Final Building Elevations/Signage Plan c. Final Landscape Plan d. Final Site Lighting Plan 3. The site shall be developed in accordance with the above referenced final plans. 4. The property shall be platted. 5. The hotel shall provide 24-hour staffing at the front desk. 6. Site Lighting shall be downcast and shielded to prevent glare and minimize light spillover off the property. 7. The Site Lighting Plan shall be revised to include fixture and pole mounting details and information and to modify the calculations using the minimum light level within the parking lot. Light levels shall not be less than 0.5 footcandles within the parking lot, nor exceed 1 footcandle at the property line. 8. The landscape plan shall be revised as follows: Identify more trees as landscape materials and fewer trees as mitigation to meet landscape and tree ? mitigation requirements Use perennials rather than shrubs in parking lot islands to better accommodate snow storage. ? Use a species that is more suitable to the constrained growing space along the south and west sides of ? the site. 9. Landscape berms to help screen parking areas shall be provided within the parking setback areas, where possible. 10. Building signage shall be limited to two elevations. 11. The developer shall work with the development to the north to utilize the same brick material and same monument and decorative fence design on both entrance monuments north and south of Buffet Way and to select a brick that is compatible with the principal buildings in both developments. 12. The monument sign area shall not exceed four feet seven inches in height and may consist of an internally lit cabinet as shown on applicant?s specimen (internally lit letters and banner). 13. The development shall provide no net increase in runoff to Pond HP-7 for water quality treatment. Stormwater treatment design shall be subject to review and approval by the City Water Resources Coordinator prior to release of the Final PD Agreement for recording. 14. Public street access to the development shall be restricted to the intersection of Eagan Woods Drive and Buffet Way. 15. The developer shall remove all existing driveway accesses onto Pilot Knob Road and Buffet Way, in accordance with City and Dakota County standards. 16. The parking stalls near the curve of the service drive shall be set back a minimum of 15 feet from the service drive. 17. The developer shall provide ingress/ egress easement over the proposed service drive along the west edge of the development in favor of McNally Addition and Central Irrigation Addition properties, in a form acceptable to the City Attorney. This easement shall contain a provision that the easement cannot be vacated without the consent of the City. 18. The Landscape Plan, Tree Mitigation Plan and Overall Planting Plan shall be revised to correctly identify 42 Category B mitigation trees and designate more trees as landscape materials. These revised plans shall be submitted to the City for inclusion in the Final Planned Development Agreement. 19. This development shall be responsible for cash park and trails dedications at the time of building permit issuance at the rates then in effect. 20. The building?s height meets FAA approval. 21. The entrance feature on Buffet Way shall match the feature to the north in terms of design, size and materials. Eagan City Council Meeting Minutes October 6, 2005 Page 10 PLANNED DEVELOPMENT AMENDMENT ? LARSON PROPERTIES City Administrator Hedges introduced this item regarding a Planned Development Amendment to extend the term of the original Planned Development Agreement for five years and a Planned Development Amendment to allow an interim use of expanded parking associated with airport shuttle service at the Microtel Hotel on property located at 3000 Denmark Avenue. City Planner Ridley gave a staff report. Mayor Geagan opened the public comment period. Tom Larson of Larson Properties emphasized 1) the intention of his business to identify a restaurant operator and eventually convert the site into restaurant parking and 2) provide parking service in the interim. Addressing the Council?s questions, Mr. Larson stated that if approved, the parking policy would mandate that overnight guests park in the existing lot and those using the parking service park in the proposed lot. Mr. Larson stated that those using the parking service are charged a higher ?airport stay? rate. Mr. Larson estimated the improvement would cost $150,000 and that it would be easier to add a restaurant if the parking lot is already available for use. After the restaurant is added, the parking service for extended stay will end and those parking spaces will be available for restaurant use. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Council expressed concern over impervious surface, limited restaurant possibilities and the expansion of the Park and Ride operation at this site. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to extend the term of the original Planned Development Agreement for five years on property located at 3000 Denmark Avenue, legally described as Lot 1, Block 2, Eagandale Center Industrial Park No. 9 in the NE ¼ of Section 10, subject to the following conditions: Aye: 5 Nay: 0 1. A Final Planned Development Agreement will need to be completed for the development of the Class I restaurant, which may include on-sale liquor. The following exhibits are required for the Final Planned Development Agreement for the restaurant: ? Final Site/Phasing Plan ? Final Landscape Plan ? Final Building Elevations Plan ? Final Lighting Plan ? Final Signage Plan 2. The term of the Planned Development shall be extended five (5) years from the date of City Council approval. 3. The property shall be subdivided and replatted prior to construction of Phase 2 (the restaurant) of the development, if Phase 2 (restaurant) is not under common ownership with Phase 1 (hotel). 4. The future restaurant will be evaluated at the time of Final Planned Development and building permit and shall be subject to the airport noise policy standards in place at that time. 5. This amendment supplements the prior Planned Development Agreement. Councilmember Fields moved, Councilmember Tilley seconded a motion to direct preparation of Findings of Fact for Denial of a Planned Development Amendment to allow an interim use of expanded parking associated with airport shuttle service at the Microtel Hotel on property located at 3000 Denmark Avenue, legally described as Lot 1, Block 2, Eagandale Center Industrial Park No. 9 in the NE ¼ of Section 10. Aye: 4 Nay: 1 (Councilmember Maguire opposed) LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE No items presented. Eagan City Council Meeting Minutes October 6, 2005 Page 11 NEW RUNWAY / AIRPORT UPDATE City Administrator Hedges stated that a letter will be sent out regarding the opening of the new runway. ADMINISTRATIVE AGENDA No items presented. VISITORS TO BE HEARD No visitors to be heard. Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 11:50 p.m. Aye: 5 Nay: 0 _____________________________ ___________________________________ 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.