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06/04/2002 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota June 4, 2002 A regular meeting of the Eagan City Council was held on Tuesday, June 4, 2002 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Bakken, Carlson, Fields and Tilley (Tilley arrived at 7:05). 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 Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 RECOGNITIONS AND PRESENTATIONS GIRL SCOUT GOLD AWARD Mayor Awada recognized Girl Scouts who recently received the Girl Scout Gold Award. She presented certificates to Laura Hogenson and Laura Wolf. Laura Eide and Joan Kaufenberg were unable to attend. 2001 COMPREHENSIVE ANNUAL FINANCIAL REPORT City Administrator Hedges discussed this item regarding the Comprehensive Annual Financial Report for all City funds for the year ending December 31, 2001. A presentation was made at the Special City Council meeting which was held earlier in the day. Councilmember Bakken moved, Councilmember Fields seconded a motion to accept the 2001 Comprehensive Annual Financial Report as presented. Aye: 4 Nay: 0 CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the May 21, 2002 regular City Council meeting, the May 21, 2002 Listening Session and the May 14, 2002 special City Council workshop. B. Personnel Items. 1. It was recommended to approve the hiring of Jeff Brooker, Jenny Erkel, Kellie Grimm and Christopher Hoffman as seasonal park maintenance workers. 2. It was recommended to approve the hiring of Melissa Kessler as a seasonal park worker. 3. It was recommended to approve the hiring of Leah Taylor as a seasonal GIS/GPS Intern. 4. It was recommended to approve the hiring of Judith Forde as a part-time seasonal preschool instructor. 5. It was recommended to approve the hiring of Tristan Preusse, Melissa Buntjer and Katie Nelson as part-time seasonal preschool instructor assistants. 6. It was recommended to approve the hiring of Lindsey Dulin as a part-time seasonal puppeteer. 7. It was recommended to approve the position of Community Center General Manager and authorize advertisement for the position. C. Ratify Check Registers. It was recommended to ratify the check registers dated May 23, 2002 and May 30, 2002 as presented. D. Service Station License Renewals. it was recommended to approve 2002-2003 Service Station License renewals for the following: Tom Thumb, Yocum?s Market, Holiday Stationstore #68, Holiday Stationstore #318, Holiday Stationstore #232, Holiday Stationstore #247, PDQ, McG?s, Duckwood 66. E. Commercial Fertilizer Applicators License. It was recommended to approve 2002 New Commercial Fertilizer Applicators License for S&S Tree Specialists, 405 Hardman, South St. Paul, MN. Eagan City Council Meeting Minutes June 4, 2002 Page 2 F. Tree Contractor License. It was recommended to approve 2002 New Tree Contractor License for Vertical Perfections, 13705 Washburn Avenue, Burnsville, MN. th G. Shows License. It was recommended to approve 2002 4 of July Funfest application for a carnival to be held July 3-4, 2002. H. Parade Permit. It was recommended to approve a parade permit for July 4, 2002. I. Change Order. It was recommended to approve change orders received for the Municipal Building Community Room renovation. 02-45 J. Amendment to Joint and Cooperative Agreement ? LOGIS. It was recommended to approve a Resolution relating to Local Government Information Systems (LOGIS); Authorizing the Execution and Delivery of Second Amendment to the Joint and Cooperative Agreement. K. Amusement Device License. It was recommended to approve 2002 Amusement Device License renewals for Starks Saloon, Grand Slam, Cedarvale Bowl, and Pizza Hut. L. On-Sale Liquor and Sunday License for SID Eagan, LLC. It was recommended to approve the on-sale liquor and Sunday license for SID Eagan, LLC, dba Sidney?s Restaurant, 3330 Pilot Knob Road. M. Revised Meeting Date. It was recommended to approve the revised Special City Council meeting date of Tuesday, June 25 instead of June 11, 2002. N. Contract 02-08. It was recommended to reject all bids for Contract 02-08 (Kennerick Addition ? Storm Sewer Improvements) and delay the construction of the improvements until 2003. O. Contract 02-13. It was recommended to continue the award for Contract 02-13 (Evergreen Park/Ponds BP-15 and BP-16 ? July 2000 Storm Mitigation Improvements Area #5 to the June 18, 2002, regular Council meeting. P. Project 782. It was recommended to approve the settlement agreement regarding final assessments under Project 782 (Old Sibley Memorial Highway ? Street Improvements) for the Preusse Additions, and authorize the Mayor and City Clerk to execute all related documents. Q. Project 806. It was recommended to approve an Easement Agreement for Project 806 (Kennerick Addition- Storm Sewer Improvements) with the owner of Parcel 10-88800-110-00 (Portion of Lot 11 Zehnder Acres) and authorize the mayor and City Clerk to execute all related documents. R. 5 Year Capital Improvement Program. It was recommended to approve the 5-year Capital Improvement Program (CIP) for 2003-2007, Part III (Public Works Infrastructure) and authorize the implementation of the public improvement process for the 2003 program. S. Surplus Property. It was recommended to declare obsolete office furniture as surplus property and approve the donation of the furniture to a non-profit entity. T. Community-Wide Survey. It was recommended to approve an outside firm to prepare a community- wide survey. U. Cedar Avenue Corridor Transitway Study Committees. It was recommended to appoint City representatives to the Cedar Avenue Transitway Study management Committee and Technical Advisory Committee. Motion was made by Carlson, seconded by Bakken to approve the Consent Agenda as presented. Aye: 4 Nay 0 PUBLIC HEARINGS VARIANCE ? THOMAS THRESS (3550 WIDGEON WAY) City Administrator Hedges introduced this item regarding a variance request of five feet from the required 10 foot side yard setback for the construction of a living space addition to an existing single family dwelling on property located at 3035 Widgeon Way. Senior Planner Ridley gave a staff report. Mayor Awada opened the public hearing. Thomas Thress, applicant, stated his neighbors had no objections to his proposed plans. There being no further public comment, Mayor Awada closed the public hearing and turned discussion back to the Council. Eagan City Council Meeting Minutes June 4, 2002 Page 3 Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a five (5) foot Variance from the required 10 foot side yard setback for the construction of a living space addition to an existing single family dwelling on property located at 3035 Widgeon Way (Lot 29, Block 1, Duckwood Estates) in the NE ¼ of Section 15. Aye: 4 Nay: 0 CERTIFICATION OF DELINQUENT FALSE ALARM BILLS City Administrator Hedges discussed this item regarding delinquent false alarm bills totaling $1,932.50 that are in order for certification to the County. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. 02-46 Councilmember Fields moved, Councilmember Carlson seconded a motion to approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. Aye: 4 Nay: 0 CERTIFICATION OF DELINQUENT WEED CUTTING BILLS City Administrator Hedges discussed this item regarding delinquent weed cutting bills in the amount of $1061.17 which are in order for certification to the County. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. 02-47 Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve the final assessment roll for delinquent weed cutting bills and authorize its certification to Dakota County. Aye: 4 Nay: 0 OLD BUSINESS CLARIFICATION OF SETBACKS (WOODSTONE TOWNHOMES) TOLLEFSON DEVELOPMENT, INC. City Administrator Hedges introduced this item regarding the minimum required building setbacks for the Woodstone Townhome development. Senior Planner Ridley gave a staff report, stating the developer is requesting a clarification of setbacks as there has been confusion between what the developer interpreted and what City staff interpreted as the Council?s intention when the Planned Development for Woodstone Townhome development was approved in May 2001. Council held a discussion regarding the setback requirements and it was agreed that the intention was for the building setbacks to be a minimum of 30 feet. Councilmember Carlson moved, Councilmember Fields seconded a motion to clarify that the minimum required building setbacks for the Woodstone Townhome development is 30 feet. Aye: 4 Nay: 0 (Councilmember Tilley arrived) NEW BUSINESS CONDITIONAL USE PERMIT - PORTFOLIO DESIGN (FOR BEST BRANDS) Eagan City Council Meeting Minutes June 4, 2002 Page 4 City Administrator Hedges introduced this item regarding a conditional use permit to allow outdoor storage of semi-trailers and materials on property located at 1765 Yankee Doodle Road. Senior Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Carlson seconded a motion to approve a Conditional Use Permit to allow outdoor storage of semi-trailers and materials on property located at 1765 Yankee Doodle Road in the SE ¼ of Section 8, 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, and proof of recording submitted to the City. 2. The existing trailers attached to the building shall be removed and building permits obtained for restoration of the building by September 1, 2002, to the satisfaction of the Chief Building Official. 3. No more than 60 trailers shall be stored east of the building at any time, and no more than 60 trailers shall be stored north of the building at any time. A revised site plan showing where the individual trailers may be stored shall be submitted prior to recording of the permit. 4. Concrete pads shall be installed to support the trailer lets in areas of proposed trailer storage. 5. Landscaping and irrigation shall be installed as shown on the Entrance Detail plan dated May 1, 2002. The landscaping shall be completed by September 30, 2002. 6. All trailers must be stored in an orderly fashion. 7. A revised site plan indicating the storage area for the barrels and for materials and equipment, showing where the trailers will be stored on the site should be submitted. 8. Outdoor material and equipment shall occur only in the area of the existing concrete pad adjacent to the building and be used for such purpose only as necessary for changing mechanical equipment within the building. Long term outdoor storage of mechanical equipment and parts should not be allowed longer than 60 days. 9. The applicant shall obtain a grading permit from the City prior to the construction of the proposed outdoor storage and parking areas. Detailed plans for this grading work must be prepared and signed by a registered professional engineer. 10. Recycled asphalt shall be used to surface the east outdoor storage area. The site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. the first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 11. The outdoor storage areas shall be surfaced with bituminous asphalt and including concrete curb and gutter with required storm drainage provisions, by November 1, 2007 or upon extension of the building eastward, whichever occurs earlier. 12. The outdoor storage areas shall not be surfaced with gravel base, Class V or otherwise. 13. All parking and storage areas shall be properly maintained to prevent deterioration. CONDITIONAL USE PERMIT ? WAL-MART (1360 TOWN CENTRE DRIVE) City Administrator Hedges introduced this item regarding a Conditional Use Permit for seasonal outdoor sales to allow a temporary greenhouse on property located at 1360 Town Centre Drive. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit for seasonal outdoor sales to allow a temporary greenhouse on property located at 1360 Town Centre Drive, th legally described as Lot 1, Block 1, Town Centre 70 11 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 seasonal sales shall be allowed between the dates of May 1and July 1 each year. 3. A building permit is required prior to construction of the greenhouse each year. st 4. All sales should cease and the structures should be removed by July 1 each year. Eagan City Council Meeting Minutes June 4, 2002 Page 5 5. the site shall be kept in a neat and orderly manner and the display of items shall not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. 6. Any storage and display of plant materials outside the greenhouses shall not extend beyond the width of the greenhouse itself, nor more than 15 feet from the end of the greenhouse wall. Additionally, any outside displays shall be contained within an enclosure such as a temporary fence. 7. Hours of operation shall be between 7:00 a.m. and 9:00 p.m. only. 8. The Conditional Use Permit previously issued for seasonal produce sales shall be revoked. CONDITIONAL USE PERMIT ? PARKVIEW GOLF CLUB City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow the installation of a pylon sign ten feet in height to be located at 1310 Cliff Road. Senior Planner Ridley gave a staff report. Shane Korman, applicant was present and answered questions regarding the proposed sign and explained the need for the height of the signage. Mayor Awada stated that pylon signs are for commercial areas and not generally approved in a residential area and she would not support approval of the request. Councilmember Fields suggested that the sign be lowered. Mayor Awada moved, Councilmember Bakken seconded a motion to direct the City Attorney to prepare Findings of Fact for denial of a Conditional Use Permit for the installation of a pylon sign 10 feet in height on property located at 1310 Cliff Road (Lot 1, Block 1, Parkview Golf Club Addition) in the NW ¼ of Section 34. Aye: 4 Nay: 1 Carlson opposed. ORDINANCE AMENDMENT ? CHAPTER 5, SECTION 5.02 OF THE EAGAN CITY CODE City Administrator Hedges discussed an ordinance amendment to Chapter 5, Section 5.02 of the Eagan City Code entitled Beer, Wine and Liquor Licensing and Regulation regarding Hearing Procedures and Civil Penalties. Councilmember Bakken moved, Councilmember Tilley seconded a motion to adopt an ordinance amendment to Chapter 5, Section 5.02, entitled Beer, Wine and Liquor Licensing and Regulation to clarify the hearing process and penalty provisions and to change the civil penalties for violations in the sale of alcoholic beverages. Aye: 5 Nay: 0 ORDINANCE AMENDMENT ? CHAPTER 5, SECTION 5.81 OF THE EAGAN CITY CODE City Administrator Hedges discussed an ordinance amendment to Chapter 5, Section 5.81 entitled Beer, Wine and Liquor Licensing and Regulation regarding consumption and display license period. Councilmember Carlson moved, Councilmember Tilley seconded a motion to adopt an ordinance amendment to Chapter 5, Section 5.81, entitled Beer, Wine and Liquor Licensing and Regulation to place licenses on an April 1 through March 31 license year to coincide with the State?s license year. Aye: 5 Nay: 0 REZONING AND PRELIMINARY PLANNED DEVELOPMENT, AND UTILITY EXTENSIONS GIFT OF MARY City Administrator Hedges introduced this item regarding a rezoning and preliminary planned development for a children?s home and school on 35.5 acres located north of Highway 55 and south of Lone Oak Road adjacent to the Inver Grove Heights border. Councilmember Tilley moved to table the issue due to lack of information. There was no second to the motion. Eagan City Council Meeting Minutes June 4, 2002 Page 6 Senior Planner Ridley gave a staff report. Public Works Director Colbert discussed the proposed frontage road. He suggested an amendment be made to condition number 25 listed in the draft Advisory Planning Commission minutes to read as follows: 25. The developer shall be responsible for the construction of a frontage road, in accordance with City engineering standards and the Highway 55 Access Management Plan, along the entire south edge of the development to terminate at the Inver Grove Heights border approximately 300 feet north of Highway 55. Mary Jo Copeland, applicant, make a brief statement and introduced her professional team, stating they will be making a presentation and answering questions of the Council. Attorney Walter Rockenstein gave an overview of the proposed planned development for a children?s home and school. He stated that the applicant accepts the conditions as recommended by City staff. David Engleson, Cunningham Group Architects, discussed the site plan. He reviewed the floor plan and design elements for the homes. He also discussed the proposed school and community center, the trail system and play areas, and site parking. Michelle Caron, RLK Kuusisto LTD, provided an engineering overview of the project which included access to roadways, traffic, site elevations, site drainage, trees and woodlands, and preservation of natural amenities. Mr. Rockenstein asked that the Council consider the extraordinary services that Mary Jo Copeland brings to the community and requested approval of the proposed project. Dick Copeland discussed Rule 8 group home licensing. He stated the facility will have the opportunity to review the background of each child and the discretion to decline acceptance. He further stated that they would not jeopardize the community by taking a child that would pose a risk and if needed, a child could be transferred to another facility that would better meet his needs. Mayor Awada opened the floor for public comment. She asked that each person limit their comments to two minutes. There were 83 people who spoke. Thirty-three stated opposition to the proposed project and 39 expressed their support. Others discussed issues they felt had not been addressed. Mayor Awada and staff addressed questions that were raised by the citizens who spoke, including airport noise, the opinion that the proposed site is too isolated, the facility being tax exempt, street width, and the wetland areas. Councilmember Bakken asked that the tree mitigation program be followed. Councilmember Carlson asked that a condition be added that there be no parking on one side of the 28 foot street. In response to other concerns raised, Dick Copeland stated there will be efforts to keep sibling groups together and the facility will be the home for children of various ages. He also reiterated that the facility will be privately owned, therefore discretion can be used in the acceptance of certain children. He also stated that the facility will serve as a resource for children who are not compatible in foster homes. Councilmember Tilley stated she would like to see the Copelands answer more questions of the public and asked Mr. and Mrs. Copeland why they had not attended the forum that had be held several months ago. Mrs. Copeland stated she thought the meeting would be negative and she did not wish to be ridiculed in a public meeting. Mr. Copeland stated he did not feel it was proper forum for them to attend. Eagan City Council Meeting Minutes June 4, 2002 Page 7 Councilmember Bakken asked if the intention is to build out 100% right away. Mr. Copeland stated that the project will be phased as the need for more homes becomes necessary. Councilmember Tilley asked if the Copelands would be comfortable in a different type forum to answer questions. Mr. Copeland stated they have agreed with all the conditions that the City is requesting and that the state licensing process will be very thorough. He stated that delaying the project would pose a hardship, as they wish to begin fund raising as soon as possible. Councilmember Bakken asked City Attorney Dougherty to address the request from a citizen that he abstain from voting due to his involvement with H.O.P.E. City Attorney Dougherty explained that Councilmember Bakken?s vote on the proposal would not be a conflict of interest. Councilmember Fields moved, Councilmember Carlson seconded a motion to approve a Rezoning and Preliminary Planned Development (Gift of Mary) for a children?s home and school on 35.5 acres located at north of Highway 55 and south of Lone Oak Road adjacent to the Inver Grove Heights border, in the NE ¼ of Section 12, subject to the following conditions: 1. A written Preliminary Planned Development Agreement shall be executed and recorded with the County Recorder?s office and proof of recording provided to the City. 2. The property shall be platted. 3. This development shall accept its additional financial obligations as defined in the staff?s report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. 4. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and in addition where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 5. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easement in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 6. 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. 7. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. 8. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 9. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be submitted at the time of issuance of the first building permit, and shall not be released until one year after the date of City certified compliance. 10. If any improvements are to be installed under a City contract, the appropriate project must be approved and awarded by Council action prior to final plat approval. 11. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. 12. The owner and applicant and/or developer shall enter into a Final Planned Development Agreement with the City prior to issuance of the first building permit. The following exhibits are necessary for the Final PD Agreement: Eagan City Council Meeting Minutes June 4, 2002 Page 8 ? Final Site Plan ? Final Building Elevations ? Final Landscape/Tree Mitigation Plan ? Final Site Lighting Plan ? Final Signage Plan 13. This Planned Development is for a children?s home and on-site school and community center. The Final Plans shall reflect no more than 20 new residence buildings and the school/community center building shall not exceed 95,000 square feet. 14. The school shall serve only on-side residents 15. Construction of the school/community center shall be completed prior to issuance of the first certificate of occupancy for the new residences. 16. The term o this Planned Development shall be five years. 17. Any reuse or conversion of the property to a different use shall be required to obtain City approval through the Planned Development Amendment process. 18. The developer shall insure that the building plans, materials and construction of the building improvements are such that they will provide an interior sound level of 45 dBA as compared with a noise level of 65 DNL. 19. Erosion control practices shall be properly installed and effectively maintained throughout the development process to prevent and minimize soil loss and negative impacts to down- gradient resources and water quality. 20. The developer will be responsible for the construction of the storm sewer system from the new pond within the development to Pond GP-3. 21. Public improvement projects providing for the extension of public utilities on both Lone Oak Road and Highway 55 shall be approved by the City Council prior to final plat approval for development of this site. 22. The water main extended through the site between Highway 55 and Lone Oak Road should be constructed to City standards for public water main and drainage and utility easements shall be dedicated to the City. 23. All well and septic systems within the development shall be abandoned in accordance with City and County standards. 24. All existing houses proposed to remain within the development shall be connected to City sewer and water service at time of its availability. 25. The developer shall be responsible for the construction of a frontage road, in accordance with City engineering standards and the Highway 55 Access Management Plan, along the entire south edge of the development to terminate at the Inver Grove Heights border approximately 300 feet north of Highway 55. 26. The developer shall be responsible for the construction of the frontage road along Lone Oak Road within the site, in accordance with Dakota County standards. 27. Access to the circular drive around the residential portion of the development shall be modified and redesigned to allow sufficient maneuvering of emergency vehicles. the final deign is subject to review and approval by the Fire Marshall. 28. The circular drive shall be modified on the final plans to provide a minimum 28-foot width, an the final design shall be subject to review and acceptance by the Fire Marshal. 29. This development shall dedicate right-of-way for Lone Oak road in accordance with Dakota County requirements. 30. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to building permit approval. 31. This development shall meet the City?s water quality requirements by creating stormwater treatment capacity through a minimum wet-pond volume of 1.9 acre-feet covering an area of 0.6 acres. The stormwater treatment pond should be constructed according to NURP standards with a maximum depth of six (6) feet, a 10:1 aquatic bench, and an outlet skimmer according to City design standards. Eagan City Council Meeting Minutes June 4, 2002 Page 9 32. Field verification of wetland delineations shall be conducted in May or June, before final acceptance of the delineation report. 33. The wetland replacement plan application shall be accepted and submitted, per WCA requirements, for a 30-day public review and scheduled for City Council decision no sooner than June 18, 2002. The wetland replacement plan must be approved by the City Council prior to Final Planned Development approval. 34. With the exception of the area adjacent to the constructed stormwater treatment pond, a minimum 30-foot wide buffer of natural,, undisturbed vegetation outside the boundary of the wetland shall be maintained before, during, and after construction. 35. A revised Tree Mitigation Plan shall be submitted prior to issuance of a grading permit, or with the application Final Planned Development, whichever occurs first, demonstrating compliance with the full mitigation requirements. 36. The application shall fulfill tree preservation mitigation through the installation of one hundred seventy-six (176) category B trees (or an equivalent combination of category A and/or category C trees and/or cash payment). Mitigation shall be provided in addition required landscaping. 37. Tree protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be required 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. 38. The applicant shall be required to 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. 39. This development shall be responsible for a full park dedication. The dedication shall be deferred and shall be collected if the land use changes in the future. 40. The developer shall be responsible for a cash trail dedication at the time of platting, payable prior to release of the final plat for recording. 41. The applicant shall submit plans showing a parking lot layout in the proof of parking area west of the school/community center. 42. In the event that the proposed parking is inadequate for this use, the developer shall convert the proof of parking area (the west athletic field) to improved parking stalls. 43. Building setbacks shall not be less than 30 feet from the perimeter of the development site, including from the rights-of-way for the future frontage roads. Minimum setbacks between the residential structures shall not be less than 20 feet. 44. In addition to the combined Landscape and Tree Mitigation Plan, separate plans showing the mitigation and the landscaping shall also be submitted with the Final Planned Development. 45. A more detailed Landscape and Mitigation Plan should be provided with the application for Final Planned Development. The Plan shall be signed by a registered landscape architect and shall include underlying grading contours and utilities, show plant quantities, and identify individual species graphically. The plan shall also include planting details and notes. Automatic irrigation shall be provided for all landscaped areas. 46. Details of the proposed signs should be required at the time of Final Planned Development. the monument signs shall be set back at least ten feet from all property lines, and the sign design must comply with the requirements in the City?s Sign Code. 47. All requirements set forth in City Code Section 11.10, Subd. 24 shall apply to this development. The developer shall submit detailed plans at the time of application for Final Planned Development demonstrating that these standards are satisfied. 48. Parking shall be limited to one side of the street in the northern portion of the site. Councilmember Fields stated she had looked at the issue from a land use standpoint and found it acceptable. Eagan City Council Meeting Minutes June 4, 2002 Page 10 Councilmember Carlson stated she felt a diversity of options for the care of children is the solution. She stated she had lived in the area of the proposed project and thought it was a wonderful area to live in and felt the proposed land use is consistent with the Comprehensive Guide. Councilmember Tilley stated she is still asking her colleagues to table the issue. She stated she would be forced to vote against the proposed project at this time due to a lack of information. Councilmember Bakken stated he had been a very public supporter of project. He stated that he agreed with Councilmember Carlson in that options need to be provided in the area of care for children. He stated his conscience was telling him to vote in favor of the project. Councilmember Carlson stated that in regard to Councilmember Tilley?s concerns, the City would remain a part of the process and that a line of communication between Council, staff and the citizens would have to remain open. Mr. Copeland stated if anyone from the public has questions or concerns he would be happy to talk with them and make every effort to provide the requested information. Councilmember Bakken stated that the applicant had offered to work with staff to make a donation in lieu of taxes. He suggested that a review of what taxes would have been if the property had been developed as a residential area should be conducted. Councilmember Carlson noted that the project will be back before the Council for final approval and those type issues could be addressed at that time. Councilmember Tilley stated that the Communications Director could provide information regarding the progress of the project to the public via the City?s website. Mayor Awada stated that her feelings regarding the proposed project have been known for quite sometime, in that she is in favor of approval. A vote was taken on the motion. Aye: 4 Nay: 1 (Councilmember Tilley opposed) Mayor Awada moved, Councilmember Bakken seconded a motion to receive the petition and authorize the preparation of a feasibility report by the City Engineer for Project 874 (Gift of Mary ? Utility Extensions). Aye: 5 Nay: 0 ADJOURNMENT The meeting adjourned at 11:25 p.m. _____________________________ ___________________________________ 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.