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05/20/2003 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota May 20, 2003 A regular meeting of the Eagan City Council was held on Tuesday, May 20, 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 SecretarylDeputy Clerk Mira McGarvey. AGENDA Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the agenda. Aye: 5 Nay: 0 CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the May 6, 2003 regular City Council meeting and the May 6, 2003 Listening Session as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Katie Majkrzak as a seasonal parks maintenance worker. 2. It was recommended to approve the hiring of Nate Cermak, Dale Skogstad and David Tripp as part-time seasonal utility maintenance workers. 3. It was recommended to approve the hiring of Leah Taylor, Heather Olson and Charles Norris as seasonal GIS Interns. 4. It was recommended to accept the resignation of Gary Skogstad, parks maintenance worker. 5. It was recommended to accept the resignation of Kathryn Hetherington, police dispatcher. C. Check Registers. It was recommended to ratify the check registers dated May 8, 2003 and May 15,2003 as presented. D. Service Station Permits. It was recommended to approve 2003/2004 Service Station Permits for the following: SuperAmerica #4049, PDQ Food Stores, SuperAmerica #4182, Rudy's Auto Service, SuperAmerica #4335, Yocum Holiday #31, SuperAmerica #4464, Cedar CliffB.P. Amoco, and Jacobus Energy, Inc. E. Hauler License. It was recommended to approve a 2003 Hauler License for Coolidge Trucking Systems. F. Amusement Device License Renewals. It was recommended to approve 2003/2004 Amusement Device License Renewals for Theisen Vending, Inc. G. Recycling Services Agreement. It was recommended to approve the final recycling services agreement negotiated with the cities of Burnsville and Apple Valley. H. Proiect 806R. It was recommended to approve an Easement Agreement for Project 806R (Kennerick Addition, Pnd HDP-l - Trunk Storm Sewer Improvements) with the owner of Parcel No. 10-77250-100-00 and authorize the Mayor and City Clerk to execute all related documents. 1. Proiect 851. It was recommended to approve an Easement Agreement for Project 851 (Town Centre Area - Street and Access Management Improvements) with the owner of Parcel No. 10- 77043-010-01 and authorize the Mayor and City Clerk to execute all related documents. Eagan City Council Meeting Minutes May 20, 2003 Page 2 J. Project 809. It was recommended to receive the Final Assessment Roll for Project 809 (Blue Gentian Road - Street & Utility Improvements) and schedule a public hearing to be held on June 17,2003. K. Contract 01-05. It was recommended to approve Change Order NO.5 to Contract 01-05 (Cedar Grove Redevelopment - Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. L. Contract 01-06. It was recommended to approve the final payment for Contract 01-06 (Blue Gentian Road - Street and Utility Improvements). M. Contract 03-01. Contract 03-01 (Town Centre Area - Street and Access Management Improvements PULLED FOR DISCUSSION N. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements and schedule a public hearing to be held on June 17,2003. O. Contract 03-09. It was recommended to approve Addendums #1 and #2 to Contract 03-09 rescheduling the bid opening to 11 :00 am Thursday, June 5, 2003 and implementing a Project Labor Agreement. P. Architectural Services Contract. It was recommended to approve contract of JAL Architects for architectural services at the Thomas Lake Park Pavilion. Q. Extension for Recording Final Plat. It was recommended to approve an extension of time to record the final plat for Natures Edge 2nd Addition, located south of Cliff Road and west of Dodd Road in the NW ~ of Section 36. R. Project 771. It was recommended to approve an Easement Agreement for Project 771 (Lexington Avenue - Street Upgrade and Traffic Signal Improvements) with the owner of Parcel No. 10- 72851-010-01 and authorize the Mayor and City Clerk to execute all related documents. S. Project 784R. It was recommended to approve an Easement Agreement for Project 784R (Louis Lane - Street and Utility Improvements) with the owner of Parcel 10-03800-010-02 and authorize the Mayor and City Clerk to execute all related documents. T. Project 889. It was recommended to approve an Intersection Improvement Agreement for Project 889 (Lexington Avenue / Wilderness Run Road - Intersection Improvements) with the Dakota County Highway Department and authorize the Mayor and City Clerk to execute all related documents. U. Malt Liquor License. It was recommended to approve a temporary malt liquor license for the Eagan Lions club and waive the $25.00 license fee and abide by any ordinance changes. V. Massage Therapy. It was recommended to approve Ordinance Amendment to Chapter 6, Subdivision 4 of the Eagan City Code regarding Massage Therapy Establishment Licenses. W. EDC Member Resignation. It was recommended to acknowledge the resignation of Economic Development Commissioner Spears. X. Vacation of Right-of-Way and Final Subdivision. It was recommended to approve a Vacation of right-of-way (Kennebec Drive) for incorporation into the final plat of Vogelpohl Addition; and to 03-35 approve a Final Subdivision (Vogelpohl Addition) to create two lots on approximately 5.3 acres consisting of Lots 3, 4, and 5, Silver Bell Addition, located at 2099 Silver Bell Road in the SE ~ of Section 18, subject to the conditions in the October 15,2003 City Council minutes. y. Eagan Airports Relations Commission Recommendation. It was recommended to approve the recommendation of the Eagan Airport Relations Commission to send correspondence to the Metropolitan Airports Commission (MAC) suggesting that the MAC utilize the operations data provided by the FAA Terminal Area Forecasts when considering the methodology to be used in the Part 150 Forecast Update. Councilmember Carlson requested that the wording "and abide by any ordinance change" be added to item U. Eagan City Council Meeting Minutes May 20, 2003 Page 3 Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the balance of the consent agenda as amended. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Maguire seconded a motion to ask Greg Wilken to fill the alternate position on the Economic Development Commission. Aye: 5 Nay: 0 M. Contract 03-01. Public Works Director Colbert discussed bids for Contract 03-01 (Town Centre Area - Street and Access Management Improvements), and asked that the bid be rejected and authorization made for re-advertisement that would incorporate addendums. Councilmember Fields moved, Councilmember Tilley seconded a motion to reject bids for Contract 03-01 (Town Centre Area - Street and Access Management Improvements) and re-advertise for bids to be opened Thursday, June 12,2003 at 10:00 a.m. Aye: 5 Nay: 0 PUBLIC HEARINGS PROJECT 884, BORCHERT LANE STREET AND UTILITY IMPROVEMENTS City Administrator Hedges introduced this item regarding Borchert Lane Street and Utility Improvements. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. There was no public comment. Councilmembers discussed the timing for the bid process and assessments for the project. Councilmember Carlson moved, Councilmember Fields seconded a motion to close the public hearing and approve Project 884, with the straight alignment of Borchert Lane, authorize the preparation of detailed final plans and specifications and the acquisition of easements through quick-take eminent domain process, if necessary; and direct the preparation of assessable benefit appraisals with any recommended adjustment to the assessments brought back before Council for approval.. Aye: 5 Nay: 0 VARIANCE - W ALTER JUREK City Administrator Hedges introduced this item regarding a request for an 11 foot Variance to the minimum 30 foot structure setback from a public right-of-way for a garage addition on property located at 949 Waterford Drive West. Senior Planner Ridley gave a staff report. Mayor Geagan opened the public hearing. Walter Jurek, applicant, discussed the proposed variance and plans for a garage addition. Councilmember Maguire commented that the City Council should remain cognizant of the hardship review requirements for variances. Councilmember Fields moved, Councilmember Tilley seconded a motion to close the public hearing and approve an 11 foot Variance to the minimum 30 foot structure setback from a public right-of- way for a garage addition on property located at 949 Waterford Drive West, legally described as Lot 6, Block 2, Wedgwood First Addition, in the SW ~ of Section 26. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes May 20, 2003 Page 4 OLD BUSINESS City Administrator Hedges discussed this item regarding an Interim Use Permit to allow outdoor storage of semi-trailer and prefabricated modular buildings on property located southeast of Mike Collins Drive and Borchert Lane. He stated this item has been continued several times to allow additional review and discussions with Councilmembers Carlson and Tilley who met with the applicant. Mr. Lund stated he is agreement with the conditions recommended by staff and Councilmembers Carlson and Tilley. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve an Interim Use Permit to allow outdoor storage of semi-trailers and prefabricated modular buildings on property located southeast of Mike Collins Drive and Borchert Lane in the SE ~ of Section 11 and SW ~ of Section 12, subject to the following conditions: Aye: 5 Nay: 0 1. This Interim Use Permit shall allow outside storage of up to 30 semi trailers and/or prefabricated modular storage units. 2. This Interim Use Permit shall terminate on August 1,2004. 3. This Interim 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. 4. The applicant shall submit a revised site plan for trailer storage that provides aisles between rows of trailers for maneuvering and emergency access. The revised site plan will be subject to review and approval by the Fire MarshalIFire Chief and Planner. 5. No additional uses will take place on the property during the term of the !UP. 6. The property owner will work with the City should some trailers need to be moved/rearranged for road construction. 7. All parking and storage areas shall be properly maintained to prevent deterioration. 8. Upon removal of the trailer storage on August 1,2004, the owner shall obtain a Grading Permit. The grading of the area is required to direct storm drainage. A grass swale shall be constructed to divert storm drainage away from the existing steep slope and reduce any further potential of slope erosion. This work shall be completed between August 1 and December 31, 2004. REVOCATION OF INTERIM USE PERMIT - CITY OF EAGAN City Administrator Hedges discussed this item regarding the revocation of an Interim Use Permit for outdoor storage of equipment and trailers approved on property owned by Mr. Jim Oberg, located south of Red Pine Lane between Highway 3 and Biscayne Avenue. The item was continued from the May 6, 2003 City Council meeting. Senior Planner Ridley provided an update. Mr. Oberg addressed the Council stating he has cleaned up the site and has plans for development of the property in approximately a year. Councilmember Fields moved, Councilmember Carlson seconded a motion to amend an Interim Use Permit for outdoor storage of equipment and trailers to include 80 pallets and nine pieces of equipment; and removal of noxious weeds on property owned by Mr. Jim Oberg, located south of Red Pine Lane between Highway 3 and Biscayne Avenue in the SE ~ of Section 36. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes May 20, 2003 Page 5 PRELIMINARY SUBDIVISION (RIVER RUN ADDITION) City Administrator Hedges introduced this item regarding a Preliminary Subdivision to create two single family residential lots and a Variance of 38 feet to the required 50 foot right of way setback for the existing house located at 2987 Pilot Knob Road. This item was continued from the May 6, 2003 City Council meeting to allow the applicant time to reconfigure the driveway plans. Senior Planner Ridley provided an update. The applicant was present to answer questions of the Council. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision to create two single family residential lots subject to the following conditions. Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: AI, Bl, 3, Cl, Dl and E1. 2. The property shall be platted. 3. 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. 4. The developer shall acquire all necessary Dakota County Transportation Department permits for access and work within the right-of-way prior to final subdivision approval. 5. The final plat for this development shall dedicate restricted access onto Pilot Knob Road, except in the location of the shared driveway access. 6. This development shall be responsible for a cash trails dedication and cash parks dedication for Lot 2. 7. This development shall be responsible for meeting tree preservation issues identified at the time of building permit application. 8. This development shall be responsible for a cash dedication in lieu of storm water treatment ponding. 9. A shared driveway easement shall be submitted prior to Final Subdivision for City Attorney reVIew. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Variance of 38 feet to the required 50 foot right of way setback for the existing house located at 2987 Pilot Knob Road. Aye: 5 Nay: 0 STAFFORD PLACE PARKING RESTRICTIONS City Administrator Hedges introduced this item regarding additional parking restrictions within the Stafford Place neighborhood and Braddock Trail. Public Works Director Colbert gave a staff report, outlining the history of the issue, various proposed options, and the advantages and disadvantages of each. The Mayor then opened the discussion up to the public. Dave Rosatti, representing residents of New York Avenue stated they were in favor of expanding the current permit parking to include additional hours and days of the week. Dianne Dyball, Braddock Trail, represented the concerns by neighbors to park on their side of the street and objected to the proposal to shift the parking to the west side of Braddock Trail. Eagan City Council Meeting Minutes May 20, 2003 Page 6 Eric Brookmueller, Braddock Trail, spoke in favor of additional permit parking. Councilmembers discussed the parking by permit only 8 am to 9 pm seven days a week option. Director Colbert expressed reservations about the staffs ability to implement a satisfactory permit process and offered a suggestion to try it without permits. Councilmembers and staff discussed various options regarding parking limitations including east side versus west side parking, odd even system, safety issues, the permit process, signage, as well as access to mailboxes and fire hydrants. Councilmember Carlson moved, Councilmember Fields seconded a motion to install an odd /even system on those streets that lay within approximately 800 feet of Braddock Trail. Aye: 2 Nay: 3 Motion failed. Councilmember Fields moved, Councilmember Carlson seconded a motion to install a parking by permit system in the Stafford Place neighborhood 8:00 a.m. to 9:00 p.m., 7 days a week on the mailbox side of the street and parking by permit only on the non-mailbox side 8:00 a.m. to 3:00 p.m. when school is in session. Aye: 3 Nay: 1 (Geagan opposed, Maguire abstained) Councilmember Carlson moved, Councilmember Fields seconded a motion to re-stripe Braddock Trail and relocate the parking to the west side of the street. Aye: 2 Nay 3 (Geagan, Maguire and Tilley opposed). Councilmember Tilley moved, Councilmember Carlson seconded a motion to re-strip Braddock Trail with the parking lane moved to the west side of the street; install marked crosswalks at Ventnor and South Pennsylvania and evaluate a speed bump on Braddock Trail. Aye: 3 Nay 2 (Geagan and Maguire opposed) Councilmember Fields moved, Councilmember Tilley seconded a motion to direct the City Attorney to draft an ordinance amendment regarding regulation of parking permits. Aye: 3-2 (Geagan and Maguire opposed). NEW BUSINESS PRELIMINARY SUBDIVISION (PINEY WOODS) - MANLEY LAND DEVELOPMENT City Administrator Hedges introduced this item regarding a rezoning from Agriculture to R-l, Single-family Residential and a Preliminary Subdivision to create ten single-family lots on 4.9 acres located at 4650 Dodd Road. Senior Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Rezoning from Agriculture to R-l, Single-family Residential on land located at 4650 Dodd Road east of Dodd Road and south of Cliff Road, in the NW ~ of Section 36. Aye: 4 Nay: 0 (Carlson out of the room) Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve a Preliminary Subdivision to create ten single-family lots on 4.9 acres located at 4650 Dodd Road, east of Dodd Road and south of Cliff Road, in the NW ~ of Section 36, subject to the following conditions: Aye: 5 Nay: 0 Eagan City Council Meeting Minutes May 20, 2003 Page 7 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: AI, Bl, B2, B3, B4, Cl, C2, C3, Dl, and El. 2. The property shall be platted. 3. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 4. This development shall meet the City's water quality requirements by expanding storm water treatment capacity of Pond LP-28.1 at least an additional wet-pond volume of 0.30 acre-feet and at least an additional surface area of 0.19 acres. The modifications to the existing storm water treatment pond shall be consistent with NURP standards of a maximum depth of six feet and a 10: 1 aquatic bench beginning at the normal water level. 5. This development shall dedicate 33 feet of one-half right-of-way along Dodd Road. 6. The developer shall dedicate temporary public easement over the temporary cul-de-sac at the north edge of the development. 7. The proposed tree preservation plan shall be revised to reflect all large growth plantings outside of the drainage and utility easement over the existing storm sewer pipe along the south edge of the development. 8. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting( shall 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. 9. The applicant shall transplant three-hundred twenty-two (322) trees from this site back onto this site and onto other sites elsewhere in the City, per the following specifications. Transplant trees shall: a. Be moved with a 90" tree spade b. Be watered as needed per specs c. Be mulched with wood chips out to a radius extending 12" beyond the 90" tree spade area d. Be moved before grading takes place e. Not be moved during period of new growth f. Not be moved after mid September If the transplanting plan does not work out or if transplanted trees do not survive, similar replacement trees meeting City specifications shall be provided from nursery stock, subject to approval by the City Forester. 10. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree protection Fencing. 11. This development shall fulfill the trail dedication requirements by providing a minimum six-foot concrete sidewalk along the south and east sides of the street extending from Dodd road through the development, built in accordance with applicable City design standards. 12. A conservation easement restricting the installation of any structures or fences, and protecting the reestablished trees within 15 feet of the easterly property lie of the Piney Woods development shall be prepared at the time of final subdivision and recorded against the property with the final plat. 13. The development shall be responsible for a cash parks dedications. Eagan City Council Meeting Minutes May 20, 2003 Page 8 A PRELIMINARY SUBDIVISION (SIENNA WOODS) - MANLEY LAND DEVELOPMENT City Administrator Hedges introduced this item regarding a Preliminary Subdivision to create seven single family residential lots and one outlot located at 4795 Dodd Road. Senior Planner Ridley gave a staff report. Kathy Schumacher, neighboring property owner discussed damage to her property by construction vehicles. She stated that Manley Development had agreed to repair the damage. Frank Blundetto, representing the developer, explained what had happened to cause the damage and stated that Manley Development would be responsible for the repairs to Ms. Schumacher's property. Councilmembers discussed the need for construction fencing being to be installed. It was agreed to add this to the list of conditions of subdivision approval. Drainage issues raised by Dakota County via a letter dated April 22, 2003 were discussed. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision (Sienna Woods) to create seven single family residential lots and one outlot located at 4795 Dodd Road in the NW ~ of Section 36; subject to the following conditions: Aye: 5 Nay: o 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: AI, Bl, 2, 3,4, Cl, 2, 3, Dl and E1. 2. The property shall be platted. 3. The accessory structure located on Proposed Lots 3 and 4 shall be removed. 4. All applicable provisions of the Shoreland Ordinance shall apply to the development of the property. 5. The developer shall be responsible for cash parks and cash trails dedication. 6. The required tree mitigation plan shall be complete upon installation of one hundred sixty (160) category B trees (or an equivalent combination of category A and/or category C trees and/or cash payment). 7. Tree protective measure (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) 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. 8. The developer shall contact the City Forestry Division and set up a preconstruction site inspection at least five days prior to issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing, and inform the City Forestry Division as to the timing of tree replacement activities. 9. This development should meet the City's water quality requirements by constructing storm water treatment capacity of at least 0.28 acre-feet of wet-pond volume within at least 0.17 acres of surface area. The storm water treatment pond should have a maximum depth of 6 feet and a 10: 1 aquatic bench beginning at the normal water level. 10. No draining, filling or excavation of the delineated wetland shall be permitted unless the developer follows the appropriate process and meet the requirements of the Minnesota Wetland Conservation Act, which may allow said impacts. 11. A 30-foot buffer of land shall be maintained before, during and after construction to protect the wetland. 12. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 13. The existing house on Lot 7 shall be connected to public sanitary sewer and water service with this development. Eagan City Council Meeting Minutes May 20, 2003 Page 9 14. The developer shall construct a pedestrian curb ramp in the southwest corner of the intersection of Dodd Road and Red Pine Lane to accommodate pedestrian circulation. 15. The proposed street shall be constructed with a temporary cul-de-sac turnaround with a pavement diameter of a minimum of 90 feet, in accordance with City Code. 16. The house on Lots 1 through 4 shall be constructed with sanitary sewer service pumps in accordance with City standards and applicable plumbing codes. 17. This development shall dedicate 40 feet of one-half right-of-way along Dodd Road. 18. Outlot A shall be combined with Lot 1, Block 2, Sienna Woods Addition. 19. The proposed retaining wall for Lot 2 shall be constructed with the overall grading on Lot 2 prior to issuance of a building permit for Lot 2. 20. Construction fencing be installed around the perimeter of the construction area. PRELIMINARY SUBDIVISION AND FINAL PLANNED DEVELOPMENT (CENTENNIAL RIDGE 2ND ADDITION) - MANLEY LAND DEVELOPMENT CORP. City Administrator Hedges introduced this item regarding a Preliminary Subdivision to create two lots on approximately 3.1 acres and a Final Planned Development located on the southeast corner of Diffley Road and Johnny Cake Ridge Road. Senior Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision to create two lots on approximately 3.1 acres located on the southeast corner of Diffley Road and Johnny Cake Ridge Road in the NW ~ of Section 28, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: AI, Bl, B2, B3, B4, C1, C2, C4, D1 and El. 2. The property shall be platted. 3. All of the mitigation trees shall be shown both graphically and on the tree planting schedule. Any of the transplanted trees that do not survive will need to be replaced with nursery trees. The revised landscape plans shall incorporate shrub beds of deciduous and evergreen plants along the north and east sides of the site to screen parking areas from the public rights-of- way. 4. The final landscape plan must be signed by a registered landscape architect or certified nursery person. 5. Storm water ponding shall be provided to control rates of post-development storm water runoff to less than or equal to pre-development condition, for all storm events. 6. A storm water treatment pond shall be constructed with a minimum treatment volume ofOAl acre-feet covering a minimum surface area of 0.21 acres. The pond should have a minimum depth of 6 feet, a 10: 1 aquatic bench from the normal water level, and an outlet structure that meets City design standards. 7. A dedication of cash in lieu of ponding should be required for storm water that is proposed to drain off 0.34 acres of the site. 8. Cross easements providing for vehicle circulation and parking shall be prepared for review and approval by the City Attorney prior to final subdivision approval. 9. Cross easements providing for vehicle circulation and parking shall be prepared or review and approval by the City Attorney prior to final subdivision approval. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Final Planned Development for the commercial portion of the Centennial Ridge development for construction of two office and retail buildings on approximately 3.1 acres located on the Eagan City Council Meeting Minutes May 20, 2003 Page 10 southeast corner of Diffley Road and Johnny Cake Ridge Road in the NW ~ of Section 28, 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, to be recorded with the County Recorder's office. The following exhibits are required for the Final Planned Development Agreement: Final Site Plan Final Building Elevations Plan Final Landscape/Tree Mitigation Plan Final Site Lighting Plan 2. The property shall be platted. 3. Uses shall be limited to a drug store, a Class I restaurant, a day care center; a two-story office building; and uses of the same character and intensity. 4. Exterior building materials are brick veneer and glass, with rockface block at the base of the building and recessed areas of stucco in a color to match the brick. The brick veneer shall be a tan or light brown color, with the rockface block being a dark brown or reddish brown color. The rear elevation shall be treated with the same brick, block and stucco materials as are used on the front elevations. 5. Rooftop mechanical equipment shall be screened from view from off the property. 6. Building signage shall be limited to the designated sign band area below the canopy. One free-standing sign is proposed for each lot. All signage shall comply with the City's Sign Code standards. 7. Each building shall have an attached trash enclosure which is constructed of the same brick and block materials as the buildings. 8. Site lighting is provided by 25 foot pole-mounted fixtures throughout the parking lot and wallpacks on the rear of each building. Both pole-mounted and building mounted light fixtures shall be shielded and directed downward so that the source of light is not visible from off the property. 9. Cross easements providing for vehicle circulation and parking shall be prepared for review and approval by the City Attorney prior to final subdivision approval. ORDINANCE AMENDMENT - CITY OF EAGAN City Administrator Hedges introduced this item regarding an ordinance amendment to City Code Chapter 11 entitled "Land Use Regulations (Zoning)" by amending Section 11.30 regarding definitions and Section 11.60, Subdivision 11 C and 13 C adding Currency Exchange Operations as conditional uses. Senior Planner gave a staff report. Councilmember Maguire stated that he would like Neighborhood Business removed from the areas that currency exchange businesses allowed to be located. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve an ordinance amendment to City Code Chapter 11 entitled "Land Use Regulations (Zoning)" by amending Section 11.30 regarding definitions and Section 11.60, Subdivision 11 (C) and 13 (C) adding Currency Exchange Operations as conditional uses; and by adopting by reference Eagan City Code Chapter 1. After discussion regarding appropriate locations for currency exchange businesses, it was agreed the issue should be discussed at a future work session. Eagan City Council Meeting Minutes May 20, 2003 Page II Council member Carlson withdrew the motion for approval. Councilmember Tilley moved, Councilmember fields seconded a motion to continue consideration of an ordinance amendment to City Code Chapter 11 entitled "Land Use Regulations (Zoning)" by amending Section 11.30 regarding definitions and Section 11.60, Subdivision 11 (C) and 13 (C) adding Currency Exchange Operations as conditional uses; and by adopting by reference Eagan City Code Chapter 1, to the June 10,2003 Council work session. Aye: 5 Nay: 0 COMMUNITY CENTER UPDATE City Administrator provided an update on activities at the Community Center. ADMINISTRATIVE AGENDA Special City Council Work Session Councilmember Carlson moved, Councilmember Fields seconded a motion to schedule a Special City Council work session for May 21,2003 at 6:30 p.m. Councilmember Carlson stated she felt the item, previously acted on, regarding parking restrictions on Braddock Trail, should be reconsidered. She stated that further information needs to be gathered and discussion held. Councilmember Carlson moved, Councilmember Fields seconded a motion to reconsider the Braddock Trail parking restrictions. Aye: 5 Nay 0 Councilmember Maguire moved, Councilmember Fields seconded a motion to add discussion of the Braddock Trail parking restriction issue to the June 10, 2003 City Council work session agenda. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Carlson moved, Councilmember Tilley seconded a motion to adjourn the meeting at 10:45 p.m. 1Yl/J-j;, d~dCJ/)J ate '--&~~ eputy City '* 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 May 20, 2003 Page 12 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.