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07/01/2003 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 1, 2003 A Listening Session was held at 6:00 in the Community Room prior to the regular City Council meeting. There were no citizens who wish to speak. A regular meeting of the Eagan City Council was held on Tuesday, July 1,2003 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan and Councilmembers Carlson, Fields, Tilley and Maguire. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary/Deputy Clerk Mira McGarvey. AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Representatives of Clean Air for Eagan (CAFE) and Tobacco Free Youth Recreation (TFYR) presented a certificate to the City Council recognizing their efforts to promote tobacco free youth athletic events. CONSENT AGENDA Councilmember Maguire moved, Council member Tilley seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the June 16, 2003 regular City Council meeting, the June 17,2003 Listening Session, the June 24, 2003 Special City Council meeting, the June 24, 2003 3:30 Special City Council meeting and the June 10,2003 Special City Council meeting as presented. B. Personnel Items. C. Check Registers. It was recommended to ratify the check registers dated June 19,2003 and June 26, 2003 as presented. D. Tree Maintenance Contractor. It was recommended to approve a Tree Maintenance Contractor License for Tree Techs, 13849 Euclid Court, Apple Valley, MN E. Change Order. It was recommended to approve change order number 13 to the Eagan Community Center in the total amount of $26,928.00. F. Final Plat. It was recommended to approve a Final Plat (Rivers Edge) consisting of one outlot 03-41 for property located adjacent to the Burnsville border, west of Highway 13 and south of Highway 77, in the SW V4 of Section 19. G. Proiect 883. It was recommended to receive the Final Assessment Roll for Project 883 (Beecher Drive/Clearview Addition - Street Lighting Improvements) and schedule a pubic hearing to be held on August 5,2003. H. Proiect 851. It was recommended to approve Easement Agreements for Project 851 (Town Centre Area - Street & Access Management Improvements) with the owners of Parcels No. 10- 77040-010-01 and 10-77040-020-01 and authorize the Mayor and City Clerk to execute all related documents. Eagan City Council Meeting Minutes July 1, 2003 Page 2 I. Emergency Phone Network. It was recommended to direct staffto develop an agreement with Qwest for subscription to the Qwest Emergency Phone Network. J. Revised Ordinance Amendment. It was recommended to approve the revised ordinance amendment to Chapter 5, Sections 5.32 and 5.57 ofthe Eagan City Code regarding temporary on- sale liquor licenses. K. Residential Trash Hauler License. It was recommended to approve a residential trash hauler license and construction/demo hauler license for Highland Sanitation and Recycling, Inc. upon their purchase of New Earth Services, Inc. 1. Market Analysis. It was recommended to approve an Agreement with Maxfield Research to complete a market analysis of the Cedar Grove Redevelopment Area. M. Contract 03-01. It was recommended to approve working hours for construction activities under Contract 03-01 (Town Centre Area Street & Traffic Improvements) beyond the working hours allowed by City Code. PUBLIC HEARINGS PROJECT 771, LEXINGTON AVENUE FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Project 771 (Lexington Avenue - Street Upgrade and Traffic Signal Improvements). Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the final assessment roll for Project 771, deleting Parcel #10-01-0000-040-75, (Lexington Avenue - Street Upgrade and Traffic Signal Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 ALDER LANE (LANGHOVEN ADDITION RIGHT OF WAY V ACA TION) City Administrator Hedges introduced this item regarding the vacation of public street right-of- way adjacent to Lot 9, Block 1 Langhoven Addition. Public Works Director Colbert gave a staffreport. Mayor Geagan opened the public hearing. Doris Dahline, owner of Lot 9, Block 1, Langhoven Addition discussed her request for the vacation. It was suggested that this item be continued to allow Ms. Dahline time to submit further information regarding her request. Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration the vacation of public street right-of-way adjacent to Lot 9, Block 1 Langhoven Addition until the July 15,2003 meeting. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes July 1, 2003 Page 3 OLD BUSINESS PLANNED DEVELOPMENT AMENDMENT - CORNERSTONE SELF-STORAGE City Administrator Hedges introduced this item regarding a Planned Development amendment to allow outdoor storage of rental vehicles on property located at 3495 Denmark Avenue. Senior Planner Ridley gave a staff report. Sheldon Badzin, Cornerstone, and a representative of Budget Truck Rental discussed the proposed outdoor storage of rental vehicles. Councilmembers discussed the proposed outdoor storage and agreed it was not a proper use of the property. Councilmember Tilley moved, Councilmember Carlson seconded a motion to deny a Planned Development Amendment to allow outdoor storage of rental vehicles on property located at 3495 Denmark Avenue in the NW V4 of Section 15, with direction for findings of fact to be on the July 15, 2003 Council agenda. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING AND PRELIMINARY SUBDIVISION (MARCELLA WOODS) - BRIAN OLSON City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment to establish a Low Density residential land use guide plan designation upon 6.4 acres of land located at 4880 Pilot Knob Road, a Rezoning from Agriculture to Residential Single Family district for l5 single family lots and one outlot located at 4880 Pilot Knob Road, and a Preliminary Subdivision (Marcella Woods) to create 15 single family lots and one outlot located at 4880 Pilot Knob Road. This item had previously been reviewed at the June 17,2003 City Council meeting and continued to allow the developer time to alter plans to accommodate possible problems with the adjacent soccer fields. Senior Planner Ridley gave an updated staff report. He indicated that action should not be taken on the Rezoning and Preliminary Subdivision until the Metropolitan Council has responded to the proposed Comprehensive Guide Plan Amendment. Brian Olson, developer, and Councilmembers discussed revised plans to the proposed subdivision. Councilmember Maguire moved, Councilmember Tilley seconded a motion to direct that a Comprehensive Guide Plan Amendment to establish a LD, Low Density residential land use guide plan designation upon 6.4 acres of land located at 4880 Pilot Knob Road in the SW V4 of Section 34, be submitted to the Metropolitan Council for review and approval. Aye: 5 Nay: 0 ORDINANCE AMENDMENT - CITY OF EAGAN City Administrator Hedges introduced this item regarding an ordinance amendment amending City Code Chapter 11 regarding Currency Exchange Operations as Conditional Uses. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve an ordinance amendment amending City Code Chapter II entitled "Land Use Regulations (Zoning)" by Eagan City Council Meeting Minutes July 1, 2003 Page 4 amending Section 11.30 regarding definitions and Section 11.60 13 (C) adding Currency Exchange Operations as Conditional Uses; and by adopting by reference Eagan City Code Chapter 1. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve an ordinance amendment amending City Code Chapter Six by adding Section 6.52 regarding regulation of currency exchange businesses; and by adopting by reference Eagan City Code Chapter 1 and Section 6.99. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT - THE NOODLE SHOP COMPANY City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow on- site liquor sales at 1340 Town Centre Drive. Senior Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow on-site liquor sales on Lot 1, Block 1, Town Centre 70 Seventeenth Addition, located at 1340 Town Centre Drive; subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording provided to the City. 2. The sale of liquor shall take place only during the hours provided in the City Code. 3. The consumption and sales of liquor shall be limited to only the restaurant property. 4. A City liquor license shall be obtained. 5. All applicable City Code requirements shall apply. WINE, SUNDAY WINE AND BEER LICENSE NOODLE SHOP, CO. - COLORADO, INC. DBA NOODLES & COMPANY City Administrator Hedges discussed this item regarding a wine, Sunday wine and beer license for the Noodle Shop, Co. located at 1340 Town Centre Drive. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a wine, Sunday wine and beer license for The Noodle Shop, Co. - Colorado, Inc. dba Noodles & Company located at 1340 Town Centre Drive. Aye: 5 Nay: 0 REZONING (OUTLOT A, FOUR PAWS) CITY OF EAGAN City Administrator Hedges introduced this item regarding a Rezoning from I-I, Limited Industrial to R-l Single Family Residential for Outlot A, Four Paws Addition of approximately 1.7 acres ofland located adjacent to the Burnsville border, west of Highway 13 and south of Highway 77. Senior Planner Ridley gave a staff report. Councilmember Maguire moved, Councilmember Fields seconded a motion to approve a Rezoning from 1-1, Limited Industrial to R-l, Single Family Residential for Outlot A, Four Paws Addition of approximately 1. 7 acres ofland located adjacent to the Burnsville border, west of Highway 13 and south of Highway 77 (Cedar Avenue), in the SW V4 of Section 19. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes July 1, 2003 Page 5 CONDITIONAL USE PERMIT AND VARIANCES KEYSTONE COMMUNITIES City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to construct a four-story, 129 unit senior independent and assisted living apartment building on approximately 2.3 acres located at the southeast corner of Silver Bell Road and Cedar Grove Parkway, a Variance to the minimum parking requirements, and a Variance to the maximum 10- foot building setback from a public right of way. Senior Planner Ridley gave a staff report. Gary Fisher, Tushie Montgomery Architects, discussed the proposed landscaping plan and exterior building color and material scheme. Doris Dahline, 3830 Alder Lane discussed the potential traffic hazard of the layout of the proposed building and driveway/parking lot. She also discussed the need for more parking spaces. Staff and the applicant addressed concerns raised by Ms. Dahline. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to construct a four story, 129 unit senior independent and assisted living apartment building on approximately 2.3 acres located at the southeast corner of Silver Bell Road and Cedar Grove Parkway in the NW V4 of Section 20, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 90 days of approval by the City Council. 2. The property shall be platted prior to issuance of a building permit. 3. The landscape plan shall be revised to include plant materials providing a 1 Yz to 3 Yz foot screen between the surface parking and Alder Lane. 4. A photometric plan demonstrating compliance with the minimum lighting standards in the DGD district (average of 2 footcandles and a minimum of Yz footcandle in all locations ) shall be provided for the interior parking at the time of building permit application. 5. The developer shall provide the colors for the exterior materials to the City to be incorporated into the final plans for the conditional use permit. 6. All mechanical equipment shall be completely screened from the ground-level view of adjacent properties and public streets, or designed to be compatible with the architectural treatment of the principal building. 7. Consistent interior window treatments are required for windows that are visible from a public street or open space. 8. Alder Lane must be improved to City standards. Ifthe developer elects to petition the City to construct the Alder Lane improvement as a public project, the project shall be approved by the City Council prior to final plat approval for this development. 9. Compliance with the Tree Preservation Ordinance will be determined by the City Forester and must be demonstrated prior to issuance of a building permit. 10. Architectural designs and construction methods for new construction within the development shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a noise level of 65 DNL. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve a Variance to the minimum parking requirements allowing less than one stall per unit. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes July 1,2003 Page 6 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Variance to the maximum 10 foot building setback from a public right-of-way. Aye: 5 Nay: 0 FOUR CONDITIONAL USE PERMITS - COEN DEVELOPMENT GROUP LLC City Administrator Hedges introduced this item regarding four Conditional Use Permits to allow a convenience store, gasoline sales, a carwash and a pylon sign on Lot 6, Block 1, Diffley Plaza. Senior Planner Ridley gave a staff report. Jim Coen, Developer discussed the lighting and landscaping of the proposed project. Collen Wagner, adjacent property owner, asked for clarification regarding the landscaping plan, trash and recycling containers, and hours of operation. Senior Planner Ridley addressed Ms. Wagner's questions. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve a Conditional Use Permit to allow a convenience store on Lot 6, Block 1, Diffley Plaza; subject to the following conditions. Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. No goods offered for sale shall be stored, sold or displayed outside a building. 3. The 30% green space requirements hall be met. 4. Cash park and trails dedication are due prior to issuance of a building permit. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow gasoline sales on Lot 6, Block 1, Diffley Plaza subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. Canopy lighting shall be reduced as stated in the staff report. 3. Staff approves the name brand canopy lighting. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow a carwash on Lot 6, Block 1, Diffley Plaza subject to the following conditions: Aye: 4 Nay: 1 (Mayor Geagan opposed) 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. Entry and exit doors shall be closed during wash/dry cycles. 3. Lighting shall have no direct source visible from the public right-of-way or adjacent land. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow a pylon sign on Lot 6, Block 1, Diffley Plaza. Aye: 2 Nay: 3 (Carlson, Tilley and Fields opposed). Councilmember Carlson moved, Councilmember Fields seconded a motion to direct findings of fact for denial of a conditional use permit for a pylon sign on Lot 6, Block 1, Diffley Plaza. Aye: 3 Nay: 2 (Geagan and Maguire opposed) Eagan City Council Meeting Minutes July 1, 2003 Page 7 REZONING (4640 & 4660 NICOLS ROAD) DOUGLAS BAUER, DDS City Administrator Hedges introduced this item regarding a request for rezoning of approximately two acres from T, Transitional to LB, Limited Business, located at 4640 and 4660 Nicols Road. Senior Planner Ridley gave a staff report. Discussion was held regarding the actual need for the required parking. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Rezoning of approximately two acres from T, Transitional to LB, Limited Business, located at 4640 and 4660 Nicols Road in the NE V4 of Section 31. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT - ANDERSON BUILDERS City Administrator Hedges introduced this item regarding a Planned Development Amendment and Final Planned Development for an in-line retail center with a drive-through facility for Lot 2, Block 1, Oakview Center, located at 3025 Holiday Lane, in the NW V4 of Section 12. Greg Anderson, Anderson Builders and Dan Klasen, Clean 'N' Press Stores, discussed the proposed dry cleaning facility and operations. Councilmembers agreed the proposed dry cleaning facility was not an appropriate use for the area. Councilmember Maguire moved, Councilmember Tilley seconded a motion to direct findings of fact for denial of a Planned Development Amendment and Final Planned Development for an in-line retail center with a drive-through facility for Lot 2, Block 1, Oakview Center, located at 3025 Holiday Lane, in the NW Y4 of Section l2. Aye: 5 Nay: 0 CONSIDERATION OF PENAL TIES FOR ALCOHOL SALES VIOLATIONS AT SILVER BELL LIQUOR, 1983 SILVER BELL ROAD City Administrator Hedges discussed violations made by Silver Bell Liquor since January 31, 2001. City Attorney Dougherty discussed the Minnesota state liquor regulations, outlining various options for Council consideration. Rebecca Adams, attorney representing the owners of Silver Bell Liquor, stated her client intends to sell the business. She asked that suspension of the liquor license be stayed pending the sale and closing of the business. Mayor Geagan and Councilmembers agreed that the violations made by Silver Bell Liquor warranted immediate suspension of their liquor license regardless of the impending sale. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Resolution to revoke the liquor license for Silver Bell Liquor, 1983 Silver Bell Road, effective immediately. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes July 1, 2003 Page 8 COMMUNITY CENTER UPDATE City Administrator Hedges provided an update on activities planned for July 4th at the Community Center. ADMINISTRATIVE AGENDA Staff was directed by Mayor and Council to send letter to all liquor license holders regarding a meeting to be held with staff to discuss 2:00 p.m. bar closing. Motion was made by Tilley, seconded by Fields to change the regular City Council meeting of August 5, 2003 to August 4, 2003 (which will include a public hearing for final assessments for Project 883, Beecher Drive /Clearview Addition) in recognition of National Night Out which will be held on August 5, 2003. Aye: 5 Nay: 0 City Administrator Hedges discussed a Health Care Savings Plan that has been researched by a committee of City employees. Council directed staff to proceed with offering a health care savings opportunity for all City employees. Councilmember Carlson moved to reconsider a motion made regarding findings of fact for denial of a planned development amendment for Cornerstone Self-Storage to be considered at the July 15, 2003 Council meeting. Aye: 5 Nay: 0 City Attorney Dougherty read Findings of Fact for the proposed planned development amendment for Cornerstone Self-Storage. Councilmember Carlson moved, Councilmember Tilley seconded a motion to adopt Findings of Fact for denial of a Planned Development Amendment to allow outdoor storage of 03-42 rental vehicles on property located at 3495 Denmark Avenue in the NW 14 of Section l5. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Maguire seconded a motion to adjourn the meeting at 10:00 p.m. ~ ~ ~tJ q 1YIMfL TYJ!ft~~ 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). Eagan City Council Meeting Minutes July 1, 2003 Page 9 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.