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05/07/2002 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota May 7, 2002 A regular meeting of the Eagan City Council was held on Tuesday, May 7, 2002 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Bakken, Carlson, Fields and Tilley. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary/Deputy Clerk Mira McGarvey. AGENDA Mayor Awada suggested that an item regarding the issue of smoking in restaurants and bars (currently on the Administrative Agenda) be added to the Consent Agenda; an additional personnel item be added; item X under the Consent Agenda be removed; and consideration of a proclamation regarding Falun Dafa Week be added to the Consent Agenda. Senior Planner Ridley announced that item A under Old Business (variance request by Gerald Bull) has been withdrawn by the applicant. Councilmember Fields asked that consent agenda item T be pulled from the consent agenda for a separate vote. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the April 16, 2002 regular City Council meeting, the April 16, 2002 Listening Session and the April 9, 2002 special City Council workshop as presented. B. Personnel Items: 1. It was recommended to approve the hiring of Evan Marshall as a Criminal Analyst in the Police Department. 2. It was recommended to approve the hiring of a person to be named as a Clerical Tech III in the Parks and Recreation Department. 3. It was recommended to approve the hiring of Alexis Drews, Lynn Streefland, Jeffrey Brooker, Delbert Keene, Anthony Davis, Jennifer Vo, Allen Wachter and Nicole Marxer as park maintenance workers. 4. It was recommended to approve the hiring of Frank Kocer as a seasonal ball field attendant. 5. It was recommended to approve the hiring of Marc Verbova as a seasonal forestry technician. 6. It was recommended to approve the hiring of Richard Runde, Tiffany Babich and Janna Gilbertson as seasonal technicians. 7. It was recommended to approve the hiring of Jasmine Abdullah, Alyxandria Barber, Christopher Buntjer, Melissa Buntjer, Meghan Doherty, Erick Johnsen, Gabrielle Johnson, Christie Mason, Michael Mason, Jill Matthews, Ben Menne, Katie Nelson, Justin Nelson, Rachel Nygaard, Alexander Phillips, Conor Pierce, Erin Severson, Lindsay Severson, Jessica Sjoberg, Amber Stevenson, Joe Wavrunek and Julie Wavrunek as part-time seasonal concessions workers. 8. It was recommended to accept the letter of resignation from Jenny Burwell, Clerical Tech III in Community Development 9. It was recommended to accept the letter of resignation from Chad Benson, Assistant Civic Arena Manager. 10. It was recommended to approve the hiring of Lori Kimball as a Clerical Tech III in the Parks and Recreation Department. C. Ratify Check Registers. It was recommended to ratify the check registers dated April 18, 2002, April 26, 2002 and May 2, 2002 as presented. D. Employer Appreciation Day. It was recommended to approve the proclamation proclaiming May 16, 02-30 2002 as Employer Appreciation Day. Eagan City Council Meeting Minutes May 7, 2002 Page 2 E. LCTS Grant. It was recommended to approve submission of Local Collaborative Time Study (LCTS) funds to continue to support Youth Development Programs; and acceptance of funds. F. 2002 Commercial Fertilizer License Renewal. It was recommended to approve 2002 Commercial Fertilizer License for S&S Tree Specialist, 405 Hardman, S. St. Paul, MN. G. Public Hearing Date - Delinquent False Alarm Bills. It was recommended to set a public hearing 02-31 for June 4, 2002 to consider the final assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. H. Public Hearing Date ?Delinquent Weed Cutting Bills. It was recommended to set a public hearing for 02-32 June 4, 2002 to consider the final assessment of the delinquent weed cutting bills and certify them to Dakota County for collection with property taxes. I. Surplus Property. It was recommended to declare bicycles, unclaimed property and miscellaneous City property to be surplus and sold at the City auction on May 18, 2002. J. Temporary Malt Liquor License. It was recommended to approve a temporary malt liquor license for the Eagan lions Club an waive the $25.00 license fee. K. Temporary Liquor License. It was recommended to approve a temporary on-sale liquor license for the Eagan Foundation and waive the $150 license fee. L. Contract 02-09. It was recommended to receive the bids for Contract 02-09 (Central Parkway Phase II/Central Park Site ? Street, Utility Improvements), award the contract to Ingram Excavating for the bid in the amount of $825,041.35, and authorize the Mayor and City Clerk to execute all related documents. M. Contract 02-11. It was recommended to approve Amendment to Award of Contract 02-11 (Dodd Road, Cliff Road to Butwin Road ? Street, Utility and Trail Improvements) and authorize the Mayor and City Clerk to execute all related documents. N. Contract 02-08. It was recommended to approve the plans for Contract 02-08 (Kennerick Addition ? Storm Sewer Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, May 30, 2002. O. Project 868. It was recommended to authorize the solicitation of Request or Proposals for Design services for Project 868, Coachman Water Treatment Plant (Expansion). P. Project 800R. It was recommended to approve Amendment to Pending Assessment Roll for Project 800R (Cedar Grove Access Modifications ? Street Intersection Reconfiguration and Streetscaping) and authorize the Mayor and City Clerk to execute all related documents. Q. Contract 02-04. It was recommended to approve Amendment to Award of Contract 02-04 (Citywide Trail Improvements / Skyline Road Trail Improvements), and authorize the Mayor and City Clerk to execute all related documents. R. Contract 02-15A. It was recommended to approve the plans for Contract 02-15A (Community Center Storm Sewer Improvements) and authorize the advertisement for a bid opening to be held at 11:30 a.m. on Thursday, May 16, 2002. S. Easement Vacation, Final Subdivision (Blue Ridge Fourth Addition) ? CSM Properties, Inc. It was recommended to: ? Approve a Vacation of public Drainage and Utility Easements on Lot 1, Block 1, & Lot 2, Block 2, Blue Ridge Second Addition located at 2945 Lone Oak Drive in the SW ¼ of Section 1. ? Approve a Final Planned Development to allow the construction of a 54,000 square foot office/showroom/warehouse building on property located at 2945 Lone Oak Drive in the SW ¼ of Section 1. ? Approve a Final Subdivision (Blue Ridge Fourth Addition to create two lots on property 02-33 legally described as Lot 2, Block 2, Blue Ridge Second Addition, located south of Lone Oak Drive (2945 Lone Oak Drive) in the SW ¼ of Section 1. T. REMOVED FROM CONSENT AGENDA FOR SEPARATE VOTE. Final Subdivision. It was 02-34* recommended to approve a Final Subdivision (Natures Edge) to create 17 lots for single family dwellings and one outlot on 10.04 acres located on Dodd Road south of Cliff Road (4665 and 4635 Dodd Road) in the NW ¼ of Section 36. 02-35 Eagan City Council Meeting Minutes May 7, 2002 Page 3 th U. Final Subdivision. It was recommended to approve a Final Subdivision (Sunset 13 Addition) to create four lots on 2.2 acres located at 785 Golden Meadow Road, legally described as Lot 7, Block 1, Sunset Third Addition, in the NW ¼ of Section 25. rd V. Final Subdivision. It was recommended to approve a Final Subdivision (Verdant Hills 3 Addition) 02-36 to create two lots on property located south of Woodland Court and east of Wescott Woodlands in the NW ¼ of Section 14. W. Final Subdivision and Final Planned Development. It was recommended to ? Approve a Final Subdivision to create 31 lots for construction of 30 detached townhomes 02-37 units on 6.64 acres located south of Diffley Road and east of Johnny Cake Ridge Road in the NW ¼ of Section 28. ? Approve a Final Planned Development consisting of 30 detached townhomes on 6.64 acres located south of Diffley Road and east of Johnny Cake Ridge Road in the NW ¼ of Section 28. nd X. REMOVED FROM AGENDA APPROVE extension for the recording of YMCA 2 Addition ? JBL Companies Y. Acquisition of Property. It was recommended to approve the acquisition of the Langstraat Property at 1250 Deerwood Drive. Z. 2002 New Tree Contractor Licenses. It was recommended to approve 2002 new Tree Contractor Licenses for Vertical Perfections, 13705 Washburn Avenue, Burnsville, MN and Thomas Tree, 4389 Pleasant Street, Prior Lake, MN. AA. Change Order #2, Eagan Community Center. It was recommended to approve Change order number 2 for Eagan Community Center in the amount of $7,585.00. BB. Contract 01-12A. It was recommended to receive the bids for Contract 01-12A (July 2000 Storm Mitigation ? Landscaping Improvements), award the contract to North Country Landscape for bid for Parts 1 and 2 in the amount of $10,218.00 and award contract to Switzer?s Nursery and Landscaping Inc. for the bid for Parts 3 and 4 in the amount of $49,995.00 and authorize the Mayor and City Clerk to execute all related documents. CC. Proclamation ? It was recommended to proclaim the week of May 13 ? 19 as Falun Dafa Week. DD. Smoking in Restaurants and Bars. It was recommended to adopt a resolution deferring action on the issue of smoking in restaurants and bars until statewide regulations are adopted. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Consent Agenda as amended. Aye: 4 Nay: 1 Bakken opposed item CC due to the proclamation relating to a specific religion. 02-34* T. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the Final Subdivision of Natures Edge ? Manley Land Company. Ayes: 4 Nay: 0 Fields abstained. PUBLIC HEARINGS VARIANCE ? RICK SKLUZACEK (1000 KETTLE CREEK ROAD) City Administrator Hedges introduced this item regarding a request for a variance to the maximum 20 percent building coverage standard in Residential zoning districts for construction of a 224 square foot addition on property located at 1000 Kettle Creek Road. Senior Planner Ridley gave a staff report. Mayor Awada opened the public hearing. The applicant discussed the need for his variance request. Councilmember Carlson asked Mr. Skluzacek if he had discussed the issue with his neighbors. Mr. Skluzacek stated he was not aware of any opposition from his neighbors. There being no further public comment, Mayor Awada closed the public hearing and turned discussion back to the Council. Eagan City Council Meeting Minutes May 7, 2002 Page 4 Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a 2 percent Variance to the maximum 20 percent building coverage standard in residential zoning districts for the construction th of a 224 square foot addition on property located at 1000 Kettle Creek Road (Lot 12, Block 2, Lexington Square 7 Addition) in the NW ¼ of Section 23 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. Lot coverage shall not exceed 22 percent. ISSUANCE OF YMCA OF GREATER ST. PAUL REVENUE BONDS City Administrator Hedges introduced this item regarding a request by the YMCA of Greater St. Paul to issue revenue bonds under the City?s name. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the issuance of 02-39 revenue bonds for the YMCA of Greater St. Paul under Minnesota Statutes, Sections 469.152 through 469.165. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT UTILITIES City Administrator Hedges discussed this item regarding approximately 280 utility bill accounts with delinquent payments, with an assessable amount of $48,716.94. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve certification of 02-40 delinquent utility accounts to Dakota County for collection with property taxes. Aye: 5 Nay: 0 CERTIFICATION OF CLEAN UP AT 4391 GARDEN TRAIL City Administrator Hedges introduced this item regarding a delinquent payment of $4,539.84 for clean up at 4391 Garden Trail. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve certification of 02-41 clean up at 4391 Garden Trail to Dakota County for collection with property taxes. Aye: 5 Nay: 0 WELL HEAD PROTECTION INVENTORY City Administrator Hedges introduced this item regarding the intent of the Wellhead Protection Plan. Public Works Director Colbert gave a staff report. He then introduced Robin Robinson , Department of Health, who made a presentation regarding the Wellhead Protection Rule. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Eagan City Council Meeting Minutes May 7, 2002 Page 5 Councilmember Bakken moved, Councilmember Tilley seconded a motion to acknowledge the intent of the Wellhead Protection Plan and authorize the implementation of the inventory and evaluation of the delineation areas. Aye: 5 Nay: 0 PROJECT 813, CENTRAL PARKWAY, STREETSCAPING AND LIGHTING City Administrator Hedges introduced this item regarding Project 813, Central Parkway, Streetscaping and Lighting. John Larson of SRF made a presentation. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Mayor Awada acknowledged and commented on the letter received from Lockheed Martin and proposed to amend the assessment roll removing Lockheed under the terms of a previous agreement. Public Works Director Colbert presented several options for acquiring the necessary easements from Lockheed. They included condemnation, project scope reduction and/or Council consideration of amending the assessment roll if Lockheed dedicated the required easements. Mayor Awada moved, Councilmember Fields seconded a motion to approve Project 813, Central Parkway (Streetscaping and Lighting) and authorize the preparation of detail plans and specifications, with future consideration of amending the assessment roll after easements have been dedicated. Aye: 5 Nay: 0 OLD BUSINESS CONTRACT 01-05, CEDAR GROVE ACCESS MODIFICATIONS City Administrator Hedges introduced this item regarding Contract 01-05, which provides for the reconstruction and realignment of the Silver Bell/Beau D? Rue / Cedarvale Boulevard intersections along with that portion of Silver Bell Road, north of Highway 13 to accommodate the proposed redevelopment of the greater Cedarvale area. Public Works Director Colbert gave a staff report explaining the need to extend the original proposed bid letting date to allow additional time for staff to resubmit the plans through MnDOT State Aid due to the deletion of the Highway 13 improvements. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the Plans and Specifications for Contract 01-05 (Cedar Grove Access Modifications) and authorize the advertisement for a bid opening to be held at 10:30 a.m. June 13, 2002. Aye: 5 Nay: 0 CONTRACT 01-13, JULY 2000 STORM MITIGATION IMPROVEMENTS City Administrator Hedges introduced this item regarding an easement acquisition agreement with Parkview Golf Course Associates. Public Works Director Colbert gave a staff report and summarized the more significant terms of the easement acquisition agreement required by Parkview Golf Course Associates. Councilmembers discussed the suggested changes and options. It was the general feeling of the Council that a deal had been reached with the golf course previously and the City should not agree to the additional demands and not proceed with the project. Public Works Director Colbert stated he would like to see the project move forward from a construction standpoint for the benefit of the neighborhood. Councilmembers stated they felt they had been taken advantage of, but for the benefit of the neighboring property owners, the agreement will be approved. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the acquisition agreement with Parkview Golf Course Associates and approve Change Order No. 2 to Contract 01-13 (July 2000 Storm Mitigation Improvements) and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 OUTLOT A, PINETREE FOREST ? ROYAL OAKS REALTY Eagan City Council Meeting Minutes May 7, 2002 Page 6 City Administrator Hedges introduced this item regarding the release of an option to purchase Outlot A, Pinetree Forest, by the City. Senior Planner Ridley gave a staff report. Public Works Director Colbert discussed th the alignment options and right of way needs for the possible new street connection of 120 Street to Highway 3. Councilmember Carlson moved, Councilmember Fields seconded a motion to release the option on Outlot A, Pinetree Forest. Aye: 5 Nay: 0 RECONSIDERATION OF COMPREHENSIVE GUIDE PLAN AMENDMENT ? MARK GERGEN City Administrator Hedges introduced this item regarding a request for reconsideration of a Comprehensive Guide Plan Amendment to change the land use designation on Lot 3, Block 1, Blackhawk Plaza. Senior Planner Ridley gave a staff report. Councilmember Bakken stated he is opposed to the reconsideration of the Comprehensive Guide Plan Amendment. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the reconsideration of a Comprehensive Guide Plan Amendment to change the land use designation on Lot 3, Block 1, Blackhawk Plaza, located at 4150 Blackhawk Road in the SW ¼ of Section 19. Aye: 4 Nay: 1 Bakken opposed. Mark Gergen, applicant, waived the 60 day agency action requirement. PLANNED DEVELOPMENT AMENDMENT ? COLLIERS TOWLE REAL ESTATE City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow signage on the south elevation of a multi-tenant retail building located at 3090 Courthouse Lane. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to allow signage on the south elevation of a multi-tenant retail building located at 3090 Courthouse Lane, legally described as Lot 2, Block 2, Oakview Center, in the NW ¼ of Section 12 subject to the following conditions: Aye: 5 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed ad recorded against the property at Dakota County. 2. Building signage on the east elevation shall be prohibited. 3. Two three-foot by 17-foot signs shall be allowed on the south elevation, only for the two tenants occupying the south end-cap space of the building. 4. All wall signage shall be individual backlit letters. NEW BUSINESS CONDITIONAL USE PERMIT ? DR. MARGARET MACRAE City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to allow a kennel on property located at 4940 Dodd Road. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow a kennel on property located at 4940 Dodd Road in the SW1/4 of Section 36, subject to the following conditions: Aye: 5 Nay: 0 Eagan City Council Meeting Minutes May 7, 2002 Page 7 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The applicant must maintain a current kennel license issued by the City. 3. No boarding of animals for commercial purposes may occur on the property. 4. The number of animals being kept on the property as part of this kennel permit shall not exceed 22 dogs, 25 cats, and 12 rabbits. 5. The operations of the kennel must comply with the standards in Chapter 110 of the City Code regarding the keeping of animals. CONDITIONAL USE PERMIT ? A.L.M. INC DBA BURKER KING OF EAGAN City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to add a second drive-through service lane at the Burger King located at 1275 Town Centre Drive. Senior Planner Ridley gave a staff report. Councilmembers and Alan Martinson, representing Burger King, discussed the access to the property and traffic congestion on Town Center Drive. Public Works Director Colbert stated that the traffic issues in the area will be addressed in the near future. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to add a second drive-through service lane at the Burger King located at 1275 Town Centre Drive, legally rd described as Lot 1, Block 1, Town Centre 70 3 Addition, in the NW ¼ of Section 15, 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 second drive-through lane shall be designed and constructed in accordance with the site plan. 3. The site shall be allowed one menu board for each drive-through lane, each menu board shall not exceed a size of eight feet wide by 4.5 feet high (total structure height not to exceed seven feet.) No advertising signage shall be attached to the menu boards or placed adjacent to the menu boards. 4. Landscaping shall be installed along Yankee Doodle road as indicted on the site plan. 5. Additional landscaping shall be installed along Denmark Avenue to provide some screening of the stacking lanes and the parking lot. The applicant shall revise the site plan to include this additional landscaping prior to recording the Conditional Use Permit. CONDITIONAL USE PERMIT ? 935 ALDRIN LLC City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to allow the outdoor storage of warehouse merchandise on property located at 935 Aldrin Drive. Senior Planner Ridley gave a staff report. It was noted that the Advisory Planning Commission recommended denial of the Conditional Use Permit. Councilmember Carlson moved, Councilmember Tilley seconded a motion to deny a Conditional Use Permit to allow the outdoor storage of warehouse merchandise on property located at 935 Aldrin Drive (Lot 2, Block 1, Eagandale Corp. Center No. 3) in the SE ¼ of Section 11. Gary Santoorjian, applicant, discussed the business? need for outdoor storage. He requested, that should the Council feel the proposal should not be approved, an extension be granted to allow time for revisions to be made to the proposal. He further stated he wished to waive the 60 day agency action requirement. Councilmembers agreed, the issue, when revised, be returned to the Advisory Planning Commission for review. Councilmembers discussed their concerns and suggested changes with the applicant. Councilmember Carlson withdrew the motion. Eagan City Council Meeting Minutes May 7, 2002 Page 8 Councilmember Tilley moved, Councilmember Carlson seconded a motion to continue consideration of a Conditional Use Permit for 935 Aldrin LLC until no later than the July 2, 2002 Council meeting. Aye: 5 Nay: 0 INTERIM USE PERMIT ? PAHL?S MARKET City Administrator Hedges introduced this item regarding a request for an Interim Use Permit to erect two temporary greenhouses for the growth and sale of plants on property located at the southwest corner of the intersection of Cliff Road and Dodd Road. Senior Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve an Interim Use Permit to erect two temporary greenhouses for the growth and sale of plants on property located at the southwest corner of the intersection of Cliff Road and Dodd Road in the NW ¼ of Section 36, subject to the following conditions: Aye: 5 Nay: 0 1. The Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City, and proof of recording shall be submitted to the City. 2. The permit shall terminate on June 30, 2004. 3. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. The use shall comply with the standards for Temporary Outdoor Events and Seasonal Outdoor Sales as provided in the City Code. 5. The greenhouses shall be allowed on the property from March 1 through June 30 each year. The greenhouses, fence, and other related items must be removed from the property by June 30 each year. 6. A building permit must be obtained from the City prior to erecting the greenhouses each year. 7. The proposed greenhouse structures shall maintain the required setback from the new roadway easement of Dodd Road, as well as from the roadway easement of Cliff Road. 8. The proposed parking areas shall be surfaced with a gravel aggregate material of type and thickness acceptable to City Engineering staff. 9. The applicant shall remove the driveway access to Cliff Road prior to operation in calendar year 2003. 10. All signage is subject to compliance with the City?s Sign Code. 11. The site shall be kept in a neat and orderly manner and the display of items shall not cover more than five percent of the total lot so as not to interfere with pedestrian safety, vehicular movement, and emergency access and existing business activities. COMPREHENSIVE GUIDE PLAN AMENDMENT ? DIEDRICH BUILDERS, INC. City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment to establish a Medium Density land use guide plan designation upon 5.21 acres of land located north of Diffley Road and west of Highway 77. Senior Planner Ridley gave a staff report. Councilmember Tilley moved to direct that a Comprehensive Guide Plan Amendment to establish an MD, Medium Density land use guide plan designation upon 5.21 acres of land located north of Diffley Road and west of Highway 77 in the SW ¼ of Section 19, be submitted to the Metropolitan Council for review and approval. There was no second to the motion. Councilmember Bakken moved, Councilmember Fields seconded a motion to open the issue for debate. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes May 7, 2002 Page 9 Bill Diedrich, Diedrich Builders, Inc. discussed a townhome development to be submitted in the future. Councilmembers agreed the units of the proposed development should be broken up into separate buildings vs. having seven or eight units per building, thus reducing the density of the project. Councilmember Bakken stated he would not be able to support the proposed land use designation change. Mr. Diedrich stated he would waive the 60 day agency action requirement to allow time to prepare a complete development proposal. Councilmember Carlson moved, Councilmember Fields seconded a motion to continue consideration of the Comprehensive Guide Plan Amendment for Diedrich Builders, Inc. Aye: 5 Nay: 0 ZONING ORDINANCE AMENDMENT CONCERNING ACCESSORY STRUCTURES CITYOF EAGAN City Administrator Hedges introduced this item regarding an amendment to Chapter 11 of the Eagan City Code regarding accessory building and structure maximum square footage, height, and roof pitch and style. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Zoning Ordinance Amendment amending Chapter 11 entitled ?Land Use Regulations (Zoning)? Section 111.10, Subd. 5 Accessory Building and Structures concerning maximum square footage, height, and roof pitch and style of detached accessory structures and direct the City Attorney to publish the amendment in the legal newspaper. Aye: 5 Nay: 0 ADJOURNMENT Mayor Awada adjourned the meeting at 9:50 p.m. into a meeting of the Economic Development Authority. The City Council meeting was reconvened at 9:55 p.m. and then adjourned again at 10:00 p.m. into an Executive Session to discuss a matter of personnel and update on the status of contract negotiations with both the Police Officers and Police Sergeants. _____________________________ ___________________________________ Date 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) 681-4600, (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.