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04/03/2001 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota April 3, 2001 A regular meeting of the Eagan City Council was held on Tuesday, April 3, 2001 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, and City Attorney Mike Dougherty. AGENDA Mayor Awada announced that two items will be added to the Consent Agenda; Item J of the Consent Agenda will be moved to Item G of New Business; and three items will be added under the Administrative Agenda. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Representatives from Blue Cross Blue Shield of Minnesota honored Katie Tilley for being the recipient of a Champion of Health Award. Mayor Awada presented Ms. Tilley with a certificate. Chief of Police Therkelson introduced new Police Officers Robert Rollins, Eric Huber, Danielle Saver and Andrew Helgerson. Deputy City Clerk McGarvey administered the Oath of Office to the officers. CONSENT AGENDA A. It was recommended to approve the minutes ofthe March 20,2001 Regular City Council meeting as presented. B. Personnel Items Item 1. It was recommended to approve the hiring of Brent Marshall as a Code Enforcement Technician. Item 2. It was recommended to approve the hiring of Sheila O'Bryan as a part-time seasonal recreation leader / site coordinator. Item 3. It was recommended to approve the hiring of Joseph Hutton as a part-time seasonal skating instructor . Item 4. It was recommended to approve the hiring of Lindsey Larson, Katie Lineer, Eric Sidler, Ann McGrath, Kristin Fleming, Nikki Christle, Jennifer Bolint, Jacqueline Peters, Brandon Halverson and Ashley Crunstedt as part-time seasonal lifeguards for Cascade Bay. Item 5. It was recommended to approve the hiring of Charlie Goodman as a part-time seasonal lifeguard instructor for Cascade Bay. Item 6. It was recommended to approve the hiring of Joe Kirschbaum, Jamie Lewis, Luke Duenow, Matthew Howard, Erinn Swinton and Jenna Clark as part-time seasonal concessions workers for Cascade Bay. Item 7. It was recommended to approve the hiring of Jodi Wilson as a part-time seasonal concessions/guest services team leader for Cascade Bay. Item 8. It was recommended to approve the hiring of Jessica Lewis and Brittany Fleming as part-time seasonal guest services workers for Cascade Bay. Item 9. It was recommended to approve the hiring of Sally Andrews as a part-time seasonal guest services shift leader for Cascade Bay. Item 10. It was recommended to approve the hiring of John Lostetter as a part-time seasonal maintenance worker for Cascade Bay. C. New License. It was recommended to approve a commercial fertilizer license for Green Masters, Inc. D. Lawful Gambling Premises Permit. It was recommended to approve a Lawful Gambling Premises Permit 01- 2 2 for VFW Post 6212 for pull-tabs at Mediterranean Cruise Restaurant, 3945 Sibley Memorial Highway. Eagan City Council Meeting Minutes April 3, 2001 Page 2 E. Set Public Hearing Date for Certification of DelinQuent Utility ,False Alarm, and Weed Cutting Bills. It 01- 2 2 - A was recommended to set a public hearing date for May 1, 2001 to certify delinquent utility bills and delinquent false alarms and weed cutting bills. F. Vacate Lawrence Avenue and Linde Lane. It was recommended to receive a petition for the vacation of Lawrence Avenue and Linde Lane and schedule a public hearing to be held on May 15, 2001. G. Proiect 764R It was recommended to receive the Draft Feasibility Report for Project 764R (Selmark / Burrview Acres Additions - Street Improvements) and schedule a public hearing to be held on May 1, 2001. H. Proiect 806. It was recommended to receive the draft feasibility report for Project 806 (Kennerick Addition, Pond HDP-I-Trunk Storm Sewer Outlet) and schedule a public hearing to be held on May 1, 2001. I. Lot 3, Block L Unisvs Park Addition - 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 May 1, 2001. 1. Repeal Minor Subdivision Ordinance. It was recommended to approve a resolution repealing Minor Subdivision Ordinance. K. Fish Lake Water Ouality Proiect. It was recommended to reclassify City Pond JP-47 from Class IV (Wildlife Habitat) to Class VI (Sediment Basin) to provide the City more opportunity for effective operation and maintenance of the alum-dosing facility for Fish Lake. L. Cascade Bav Cold Weather Policy. It was recommended to continue approval of the Cascade Bay Cold Weather Policy to the April 17, 2001 City Council meeting. M. Support of Owest Efforts to Bring DSL to Eagan. It was recommended to adopt a resolution affirming 01- 2 3 efforts by Qwest and the City of Eagan to bring DSL high speed internet access to all of Eagan. N. Confirmation of Findings of Fact. Conclusions and Resolution of Denial- Target Corporation. It was recommended to confirm the Findings of Fact, Conclusions and Resolution of Denial of the 01- 2 4 Comprehensive Guide Plan Amendment and Rezoning requests of Target Corporation of 24.7 acres of land located north of Yankee Doodle Road and west of Pilot Knob Road (in the southeast V4 of Section 9). O. Final Plat (Bur Oak Hills 4th Addition) - Shamrock Development. It was recommended to approve a Final Plat (Bur Oak Hills 4th Addition) consisting of one lot for property located east of Black Oak Drive 01- 2 5 and in the SE V4 of Section 12. P. Final Plat (Russian Addition) - R1. Rvan Construction. It was recommended to approve a Final Plat (Russian Addition) consisting of one lot for property located east ofHwy. 149 between Opperman Drive 01- 26 and Wescott Road in the SE 1f4 of Section 13. Q. Contract for ACQuisition and Relocation Professional Services. It was recommended to approve a contractual agreement with Wilson Development Services for acquisition and relocation of residential and commercial properties in connection with Project 800. R Resolution Supporting Low-Phosphorous Fertilizer Use. It was recommended to adopt a resolution 01- 2 7 supporting restrictions on the use and sale of phosphorous lawn fertilizers. S. Local Airport Zoning Board. It was recommended to appoint two members to the Wold-Chamberlain Field Joint Airport Zoning Board. T. Accept Bid for EQuipment for Burnsville/Eagan Community Television. It was recommended to accept the bid from Alpha Video, in the amount of$179,754.85 for the replacement of Burnsville/Eagan Community Television's automated machine control and audio / video switching matrix. U. Proiect 811. It was recommended to authorize the preparation of detailed Plans and Specifications for the drilling and development of Well #20 (project 811, Contract 01-08). V. Proiect 812. It was recommended to authorize the preparation of detail plans and specifications for Project 812, Drainage System Maintenance Improvements. W. Contract 01-02, Eagandale Center Industrial Park Street Improvements. It was recommended to approve the plans and specifications for Contract 01-02 (Eagandale Center Industrial Park - Street Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, April 26, 2001. X. APPROVE Budget for July 4th celebration. Y. DIRECT staff to prepare a letter to the Commissioner of Human Services regarding a proposed group home to be located 4324 Trenton Trail. Eagan City Council Meeting Minutes April 3, 2001 Page 3 Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 PUBLIC HEARINGS BRIDLE RIDGE 1ST ADDITION (LOT 5, BLOCK 9) EASEMENT VACATION City Administrator Hedges introduced this item regarding the vacation of a portion of public drainage and utility easements within Bridle Ridge 1st Addition. Mayor A wada opened the public hearing. There being no public comment, Mayor Awada closed the public hearing and turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the vacation of a portion of public drainage and utility easements within Bridle Ridge 1 st Addition as described, and authorize the Mayor and Deputy City Clerk to execute all related documents. Aye: 4 Nay: 0 (Councilmember Tilley was out of the room) BLUE RIDGE 2ND ADDITION (LOT 1, BLOCK 1 & LOT 2, BLOCK 2) EASEMENT VACATION City Administrator Hedges introduced this item regarding the closing of a public hearing considering the vacation of public drainage and utility easements within Blue Ridge 2nd Addition and consideration of approval to be concurrent with the final plat approval of Blue Ridge 4th Addition. Public Works Director Colbert gave a staff report. Mayor Awada opened the public hearing. There being no public comment, Mayor Awada turned the discussion back to the CounciL Councilmember Bakken moved, Councilmember Fields seconded a motion to close the public hearing considering the vacation of public drainage and utility easements within Blue Ridge 2nd Addition, and continue any action for consideration of approval to be concurrent with the final plat approval of Blue Ridge 4th Addition. Aye: 4 Nay: 0 (Councilmember Tilley was out of the room) PROJECT 745, BLUE GENTIAN ROAD - STREETS & UTILITIES FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Project 745 (Blue Gentian Road street and utilities). Public Works Director Colbert gave a staff report. Mayor Awada opened the public hearing. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the final assessment roll for Project 745 (Blue Gentian Road - streets and utilities) and authorize its certification to Dakota County for collection. Greg Miller stated that he had not received notice of the neighborhood meetings or the public hearing and had no information on the proposed project. Council agreed that the hearing should be continued. Councilmember Bakken withdrew the motion. Eagan City Council Meeting Minutes April 3, 200 1 Page 4 Councilmember Carlson moved, Councilmember Bakken seconded a motion to continue the public hearing regarding the final ass~ssment roll for Project 745 (Blue Gentian Road street and utilities). Aye: 4 Nay: 0 (Councilmember Tilley was out of the room) PROJECT 746, BLUE WATER ROAD - STREETS & UTILITIES FINAL ASSESSMENT HEARING Mayor Awada introduced this item regarding the final assessment roll for Project 746 (Blue Water Road - Streets and Utilities). Council agreed to continue this item until the April 17 , 2001 Council meeting to allow adequate time for Mr. Miller to review information on the project. Councilmember Bakken moved, Councilmember Carlson seconded a motion to continue the public hearing regarding the final assessment roll for Project 746 (Blue Water Road - Streets & Utilities). Aye: 5 Nay: 0 PROJECT 789, LONE OAK CIRCLE - STREET OVERLAY FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Project 789 (Lone Oak Circle - street overlay). Public Works Director Colbert gave a staff report. Mayor Awada opened the public hearing. There being no public comment, Mayor A wada closed the public hearing and turned the discussion back to the Council. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve the final assessment roll for Project 789 (Lone Oak Circle - Street Overlay) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 780, GALAXIE AVENUE - STREET OVERLAY FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Project 780 (Galaxie Avenue - Street Overlay). Public Works Director Colbert gave a staff report. Mayor A wada opened the public hearing. There being no public comment Mayor A wada closed the public hearing and turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the final assessment roll for Project 780 (Galaxie Avenue - Street Overlay) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes April 3, 2001 Page 5 PROJECT 782, OLD SIBLEY MEMORIAL HIGHWAY FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Project 782 (Old Sibley Memorial Highway street overlay). Public Works Director Colbert gave a brief description of the project. He stated he had received one letter of object from Pruesse Addition. Mayor Awada opened the public hearing. Dave Kalscheur, Pinnacle Properties, stated his only road access is to Old Sibley Highway to the south and not Old Sibley Memorial Highway to the north. He stated that his property had been assessed in the past for the improvements to Old Sibley Highway and that due to the lack of access to the highway to the north, the property should be excluded from assessments for the improvements. There being no further comment, Mayor Awada closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve the final assessment roll for Project 782 (Old Sibley Memorial Highway - Street Overlay) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 787, CHAPEL HILL BAPTIST CHURCH - UTILITIES FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Project 787 (Chapel Hill Baptist Church utilities). Public Works Director Colbert gave a staff report. He stated that a letter had been received from Chapel Hill Baptist Church objecting to the final assessment. Mayor Awada opened the public hearing. Bob Cason, Deacon of Finance for Chapel Hill Church, discussed the Church's objections to the proposed assessment. He stated their objections center around the indirect costs incurred and now being proposed as additional assessment charges to the church. Public Works Director Colbert addressed the proposed charges to the church. There being no further public comment, Mayor Awada closed the public hearing and turned discussion back to the Council. Councilmember Carlson expressed concern over the two adjacent property owners that will not currently benefit from the proposed project. She suggested that assessments be deferred for these properties until time of development or hook up to city utility services. Mayor Awada and Councilmember Bakken supported the proposed assessment to the church in that the church had requested the improvements. Councilmember Carlson moved, Mayor Awada seconded a motion to approve the final assessment roll for Project 787 (Chapel Hill Baptist Church - Utilities) and authorize its certification to Dakota County for collection with the two adjacent property owners given the option of deferment of the assessment. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes April 3, 2001 Page 6 PROJECT 751, DODD ROAD - CLIFF ROAD TO BUTWIN ROAD STREET & UTILITY IMPROVEMENTS City Administrator Hedges introduced this item regarding Project 751 (Dodd Road, Cliff Road to Butwin Road street, utility and trail improvements. Public Works Director Colbert introduced Mark Hanson of Bonestroo, Rosene, Anderlik and Associates who then reviewed the proposed project and the feasibility report. Mayor Awada opened the public hearing. Doug Johnson, 4745 Dodd Road, neighborhood spokesperson, expressed concern over the project and asked Council to consider preservation of the area in its current rural state. He further asked that Council find a way to ease the costs of the proposed improvements. He also discussed safety concerns, suggested a 28 foot wide road rather than 32 foot, no trail be installed, the boulevard be smaller than proposed, and cost impacts to the neighboring property owners. One resident spoke in favor of the project. Several other residents spoke in opposition to the project expressing their concerns regarding runoff into Fitz Lake and flooding of adjacent properties, Hall Street and Carol Street connections to Highway 3, potential increased traffic in the neighborhood, the intersection at Red Pine Lane, loss of trees, and trunk charges. There being no further public comment, Mayor Awada closed the public hearing and turned discussion back to the Council. The Council discussed the width of the proposed road (28' vs. 34 '); the installation of off road trails; a cul-de-sac option; the Trunk Highway 3 connection at Red Pine Lane; the Hall Street, alternate Hall Street and Carol Street alignments; and rural versus urban cross sections. After two hours of public comment, Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve Project 751 (Dodd Road, Cliff Road to Butwin Road - Street, Utility and Trail Improvements) and authorize the preparation of detailed final plans and specifications with the following stipulations: A 34 foot wide street with an on street trail on the west side; no parking; the installation of a cul-de-sac and the Red Pine extension from Highway 3 along the Hall Street alignment. Councilmember Tilley stated she was in favor of a 28 foot wide street with an 8 foot wide off street trail on the west side. Mayor Awada, Councilmembers Tilley and Carlson agreed. Councilmember Bakken agreed, in the interest of time, to amend the stipulations of the motion as follows: A 28 foot wide street with an 8 foot off street trail on the west side; no parking; the installation of a cul-de-sac and the Red Pine extension from Highway 3 along the Hall Street alignment. Council member Bakken also noted he was not in favor of the 28 foot wide street with an off street path. A vote was taken on the motion. Aye: 4 Nay: 1 (CoUilcilmember Bakken opposed.) Mayor Awada moved, Councilmember Tilley seconded a motion to direct staff to acquire all necessary easements, through condemnation if necessary. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes April 3, 2001 Page 7 OLD BUSINESS REZONING AND PRELIMINARY SUBDMSION (THOMAS WOODS) MANLEY LAND COMPANY City Administrator Hedges introduced this item regarding a Rezoning of 13 acres from A (Agricultural) to R-l (Single Family) located south of Cliff Road and west of Dodd Road, and a Preliminary Subdivision entitled "Thomas Woods" located east of Dodd Road and north ofDiffiey Road. This item was continued from the March 20,2001 Council meeting. Senior Planner Ridley gave brief presentation. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a rezoning of 13.0 acres from A (Agricultural) to R -1 (Single Family) located south of Cliff Road and west of Dodd Road, in the northwest V4 of Section 36. Aye: 5 Nay: 0 Two residents stated they were concerned over potential drainage problems. Kevin Manley, developer, discussed the drainage plan for the proposed subdivision. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a preliminary subdivision entitled "Thomas Woods" located south of Cliff Road and west of Dodd Road in the northwest V4 of Section 36 subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: Bl, 2, 3, 4, C!, 2, 3 Dl, El 2. The property shall be platted. 3. The westerly 67 foot extension of Lot 10 be added to adjacent Lot 9. 4. The existing house on Lot 18, Block 2 shall be connected to City utilities (sanitary sewer an water main) as part of this development. 5. 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. 6. The upgrade of Dodd Road (with associated public utility extensions and storm sewer) shall be approved by the City Council prior to final subdivision approval for this development. 7. This development shall dedicate 40 feet of one-half-right-of-way along Dodd Road. 8. The applicant shall waive its right to appeal assessments associated with the upgrade of Dodd Road and the associated public utility extensions and storm sewer. 9. Wetland and water quality related issues shall be resolved to the satisfaction of the City. 10. An individual lot tree preservation plan shall be required for Lots 4, 10, 16-19 of Block 2 at the time of building permit application. 11. Tree Protective measures (Le. 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. 12. The applicant shall contact the City Forestry Division and wet up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance wit the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 13. This proposal shall be subject to Park and Recreation Commission requirements. 14. There shall be minimum of 20 feet between houses. 15. An 8 foot wide bituminous trail shall be constructed along Dodd Road. A vote was taken on the motion. Aye: 5 Nay: 0 REZONING, VARIANCE AND PRELIMINARY SUBDMSION (FINCH PLACE) BASIC BUILDERS, INC. City Administrator Hedges introduced this item regarding a Rezoning from an A, Agriculture to an R-l Single-Family Residential zoning designation of 12.59 acres ofland located north of Red Pine Lane and east of Eagan City Council Meeting Minutes April 3, 2001 Page 8 Highway 3, and a Preliminary Subdivision (Finch Place) with a Variance for a cul-de-sac in excess of 500 feet in length to create 20 single-family lots on 12.59 acres ofland located north of Red Pine Lane and east of Highway 3. This issue was continued from the March 6, 2001 City Council meeting. Senior Planner Ridley discussed the revisions to the proposed subdivision. Councilmember Carlson moved, Council member Bakken seconded a motion to approve a rezoning from an A, Agriculture to an R-l, Single Family Residential zoning designation of 12.59 acres ofland located north of Red Pine Lane and east of Highway 3 in the east Y2 of Section 36. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a preliminary subdivision (Finch Place), with a variance for a cul-de-sac in excess of 500 feet in length, to create 20 single family lots on 12.59 acres ofland located north of Red Pine Lane and east of Highway 3 in the east Y2 of Section 36 subject to the following conditions: 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, Cl, C2, C3, Dl, and El. 2. The property shall be platted. 3. The R -1 zoning standards apply to all lots within this development. In addition, all lots shall comply with the City's Shoreland Zoning Ordinance with impervious surface coverage not exceeding 25% of the lot area and building height not exceeding 35 feet. 4. A minimum of three (3) feet of elevation difference shall be provided between the high water level of the ponds and the lowest entry elevation of the houses adjacent to ponds without an emergency overflow elevation. A minimum of two (2) feet of elevation difference shall be provided between the emergency overflow elevation of the ponds and the lowest entry elevations of the adjacent houses. The final grading plan shall provide sufficient detail information to demonstrate that these standards are satisfied prior to final subdivision approval. 5. The existing private street easement through the site, commonly known as Farm Road, shall be terminated to the affected property owners and satisfactory evidence of the same shall be provided to the City Attorney. 6. The developer shall be responsible for obtaining all necessary permits for temporary or permanent construction within the adjacent railroad right-of-way. 7. This development shall meet the City's water quality requirements by creating stormwater treatment capacity through a minimum wet-pond volume of 0.67 acre-feet covering an area of 0.29 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. 8. A cash water quality dedication will be required for a portion of the site where the stormwater runoff is not treated and drains directly to the existing pond. The amount of cash dedication is anticipated to be about $5,201; the exact amount will be determined at the time of final subdivision, and payable prior to release of the plat for recording. 9. Erosion control practices should 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. A minimum wet-pond volume of.3 acre-feet with a minimum surface area of.2 acres is required. 10. The developer shall reestablish disturbed buffer areas into native wetland vegetation and institute wetland buffer protection zones as covenants or deed restrictions with lots adjacent to the wetland. The plan for restoration of the disturbed buffer areas shall be submitted at the time of final subdivision approval for review and approval by City Staff. 11. Tree Protective measures (i.e. orange colored silt fence or four-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. Where this is not possible, alternative tree preservation measures acceptable to the City Forester shall be employed. 12. The applicant shall contact the City Forestry Division and schedule 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. Eagan City Council Meeting Minutes April 3, 2001 Page 9 13. The development shall be subject to a cash park and trail dedication, payable at the time of final plat at the rate then in effect. 14. The developer shall confirm that each lot meets the minimum required lot width of 85 feet at the front setback line (especially Lot 7, Block 2) prior to final subdivision approval. 15. The developer shall be responsible for constructing a concrete sidewalk on the south edge of the development along Red Pine Lane. 16. The final grading plan shall show the correct NWL and HWL of the storm water pond (the elevations appear to be transposed on the preliminary grading plan). 17. Prior to final subdivision approval, the plans must be reviewed and approved by Minnesota DNR Division of Waters staff. 18. The developer shall establish a permanent conservation easement around the existing wetland, from the edge ofthe water to the tree preservation limits on Lots 3-7, Block 2, and in any case extending not less than 30 feet from the edge of the wetland. the easement documents shall be submitted to the City Attorney for review and approval prior to final subdivision approval. 19. The graded area near the wetland on Lots 4 and 5, Block 2 shall be replanted with buffer vegetation to a distance of thirty feet from the proposed normal water level (925 feet). The plant materials shall consist of appropriate trees, shrubs, and grasses, in addition to the restoration ofthe 30-foot wetland buffer area to native wetland vegetation. The restoration and buffer planting plan shall be submitted for staff review and approval prior to final subdivision approval. A vote was taken on the motion. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a five foot setback variance for Lots 4 and 5, Block 2, to allow a 25 foot front yard setback from a public street. Aye: 5 Nay: 0 VARIANCE (OFF-STREET PARKING SUPPLY) CHEROKEE SIRLOIN ROOM City Administrator Hedges introduced this item regarding a 48 stall Variance from the off-street parking supply requirement for a restaurant located at 4625 Nicols Road which was continued from the November 21,2001 City Council meeting. Senior Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a 48 stall variance from the off-street parking supply requirement for a restaurant located at 4625 Nicols Road in the NW V4 of Section 31. After discussion with the applicants regarding the lack of proof of long term parking, the Council agreed the issue should be continued to allow the applicant the opportunity to pursue a written agreement for long term parking with adjacent property owners. The applicants agreed to the continuance. Councilmember Bakken withdrew the motion. Mayor Awada moved, Councilmember Bakken seconded a motion to continue consideration of a 48 stall variance from the off-street parking supply requirement for a restaurant located at 4625 Nicols Road in the NW V4 of Section 31 to the May 15, 2001 City Council meeting. Aye: 5 Nay: 0 SCHEDULE PRESENTATION - JULY SUPER STORM IMPROVEMENT REPORT City Administrator Hedges discussed this item regarding Special City Council meetings proposed to be held on April 26 (5:30 pm), April 27 (5:30 pm) and April 30 (5:30 pm) to review the Engineering Report identifying proposed infrastructure improvements responding to the July 2000 Super Storm. The Mayor and Councilmembers were in agreement with the proposed meeting dates. Mayor A wada expressed her appreciation to the Legislators who have been working for the Citizens of Eagan by carrying bills to the Senate. Eagan City Council Meeting Minutes April 3, 2001 Page 10 Mayor A wada moved, Councilmember Tilley seconded a motion to schedule Special City Council meetings to be held on April 26 (5:30 pm), April 27 (5:30 pm) and April 30 (5:30 pm) to review the Engineering Report identifYing proposed infrastructure improvements responding to the July 2000 Super Storm. Aye: 5 Nay: 0 CONSIDERATION OF PROPOSED RIGHT OF WAY FEES City Administrator Hedges discussed this item regarding an amendment to the City's 2001 Fee Schedule regarding the City's Right of Way Management Program Permit costs. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve an amendment to the City's 2001 Fee Schedule regarding the City's Right of Way Management Program Permit costs. Aye: 5 Nay: 0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT SIGNART CO., INC. City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow the erection of a 35 foot high pylon sign on the Best Western Yankee Square Inn site located south of Yankee Doodle Road and west of Pilot Knob Road. Senior Planner Ridley gave a staff report. Bob Sherlock representing Signart Company discussed the proposed signage, stating that right-of-way greenery is blocking view of the signage from the freeway. Mayor A wada stated she is opposed to the 35 foot high sign because it would be unfair to other businesses that have been denied additional signage height and a precedent would be set. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a planned development amendment to allow the erection of a 35 foot high pylon sign on the Best Western Yankee Square Inn site located south of Yankee Doodle Road and west of Pilot Knob Road subject to the following conditions: 1. Prior to replacement of the pylon sign, a sign permit shall be obtained from the City. 2. Prior to replacement ofthe pylon sign, the applicant shall enter into a Final Planned Development Amendment Agreement with the City. 3. Prior to replacement 0 the pylon sign, the wall sign on the south side of the motel shall be removed. 4. No wall signs shall be permitted to the south side of the motel. A vote was taken on the motion. Aye: 4 Nay: 1 (Mayor Awada opposed) CONDITIONAL USE PERMIT AND VARIANCE GRAZZINI BROTHERS AND COMPANY City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow the outside storage of materials and a variance from the City's building material requirements on property located at 1175 Eagan Industrial Road. Senior Planner Ridley gave a staff report. Mayor Awada moved, Councilmember Tilley seconded a motion to approve a conditional use permit to allow the outside storage of materials on property located at 1175 Eagan Industrial Road, legally described as Lot 14, Block 7 Eagandale Center Industrial park in the SE 114 of Section 3 subject to the following conditions: 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of its approval by the City Council. Eagan City Council Meeting Minutes April 3, 2001 Page 11 2. Outdoor storage shall be limited to stone slabs and shall be confined within the accessory structure, which structure shall be located to the north area of the site identified on the site plan. 3. The site plan shall be revised to show an ability to satisfY off-street parking supply requirement on site. 4. All off-street parking areas (including the newly configured stalls on the north side of the principal building) shall be surfaced in bituminous and provided perimeter concrete curbing and gutter in accordance with City standards. 5. The accessory structure shall be constructed of materials that meet the City Code 6. Stored materials may not exceed the height of the accessory structure. A vote was taken on the motion. Aye: 5 Nay: 0 The Council discussed the variance request for the exterior building materials. Mayor Awada and Councilmember Carlson stated that since the adoption of architectural standards for the industrial zoning district, the City has not deviated from those standards. The Council consensus was that it would not be appropriate to deviate in this instance. Mayor Awada moved, Councilmember Tilley seconded a motion to deny a variance from the City's building material requirements (allowing greater than 25 percent of an accessory structure to be finished in metal) on property located at 1175 Eagan Industrial Road, legally described as Lot 14, Block 7 Eagandale Center Industrial park in the SE V4 of Section 3. Aye: 5 Nay: 0 REZONING AND FINAL PLAT (NORTHERN POWERS PRODUCTS ADDITION NORTHERN POWER PRODUCTS) City Administrator Hedges introduced this item regarding a Rezoning of approximately 4.7 acres from A 01- 2 8 (Agricultural) to BP, Business Park and a final plat entitled "Northern Power Products Addition" located North of Lone Oak Road between 1-35E and Lexington Avenue. He stated that Mrs. Schindledecker, adjacent property, who was present earlier in the meeting, but had to leave due to the late hour, expressed to him that she did not object to the proposed rezoning and final plat. Senior Planner Ridley gave a staff report. Discussion was held regarding the single family residential uses adjacent to the subject property. The Council determined that the proposed use of the site is consistent with the land use directives of the Comprehensive Guide Plan. Mayor Awada moved, Councilmember Bakken seconded a motion to approve a rezoning of approximately 4.7 acres from A (Agricultural) to BP, Business Park located North of Lone Oak Road between 1-35E and Lexington Avenue in the southeast V4 of Section 3. Aye: 5 Nay: 0 Mayor A wada moved, Councilmember Bakken seconded a motion to approve a final plat entitled "Northern Power Products Addition" located North of Lone Oak Road between 1-35E and Lexington Avenue in the southeast 114 of Section 3 subject to the following conditions. 1. The billboard sign existing on the property shall be removed prior to building permit issuance. 2. Prior to building permit issuance, all existing well and septic systems on the site shall e abandoned in accordance with City and Dakota County requirements. 3. An ingress/egress easement shall be dedicated allowing access for Parcel 020-76 across the subject property to Lexington Avenue, at a point in direct alignment with McKee Street to the east, in accordance with Dakota County's Access Spacing Guidelines. Thiseasement shall be prepared for review and approval by the City Attorney. A vote was taken on the motion. Aye: 5 Nay: 0 CONDlTONAL USE PERMIT AND VARIANCE SOWLES PROPERTIES Eagan City Council Meeting Minutes April 3, 2001 Page 12 City Administrator Hedges introduced this item regarding a Conditional Use Permit for outdoor storage of vehicles, cranes and other equipment with a variance to allow the storage area at a 20-foot setback, rather than a 40-foot setback, from Terminal Drive, on property located at 3131 Sibley Memorial Highway. Senior Planner Ridley gave a staff report. There were several neighboring property owners present who opposed the proposed outdoor storage. After discussion of the proposed conditional use permit and variance, the Council agreed that the proposed use of the property would be incompatible with the surrounding area. Councilmember Carlson moved, Councilmember Tilley seconded a motion to direct staff to prepare findings of fact for denial of a conditional use permit for outdoor storage of vehicles, cranes and other equipment with a variance to allow the storage area at a 20-foot setback, rather than a 40-foot setback, from Terminal Drive, on property located at 3131 Sibley Memorial Highway. Aye: 5 Nay: 0 REZONING AND CONDITIONAL USE PERMIT FOUR CROWN, INC. City Administrator Hedges introduced this item regarding a Rezoning that would establish a CSC, Community Shopping Center, zoning designation upon approximately 1.1 acre ofland; a Conditional Use Permit to allow a Class II restaurant with drive-through facility; and a Conditional Use Permit to allow a pylon sign, all on property located at 4615 Nicols Road. Senior Planner Ridley gave a staff report. The Council agreed that the requested Rezoning is consistent with the City's recently updated Comprehensive Guide Plan, and the proposed Conditional Use Permits are appropriate. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a rezoning that would establish a CSC, Community Shopping Center, zoning designation upon approximately 1.1 acres of land located at 4615 Nicols Road on the southwest corner of Nicols and Cliff Roads in the NW V4 of Section 31. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve a Conditional Use Permit to allow a Class II restaurant with a drive-through facility on property located at 4615 Nicols Road on the southwest corner of Nicols and Cliff Roads in the NW V4 of Section 31, subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The developer shall construct improvements consistent with the Site Plan dated February 2001. 3. In order to better delineate the parking between these two lots, the landscape island on the southwest corner of the site should be relocated further south, adjacent to the lot line. 4. The site shall be landscaped as shown on the Landscape Plan dated February 2001. All landscaped areas shall be served with an automatic irrigation system. 5. The detached trash enclosure shall be removed and an attached trash enclosure constructed using materials compatible with those on the principle building. 6. Site lighting shall be provided with light fixtures that are shielded and directed downward to prevent glare on adjoining property or the public right-of-way. The light poles shall not exceed 30 feet in height. 7. All other signage on the site shall comply with the City Sign Ordinance, and a sign permit is required prior to the installation of any sign on the site. 8. The developer shall provide evidence of cross easements allowing for this shared access. Such easement shall be provided to the city prior to release of the Conditional Use Permit for recording and prior to issuance of a building permit. A vote was taken on the motion. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes April 3, 2001 Page 13 Mayor Awada moved, Councilmember Carlson seconded a motion to approve a Conditional Use Permit to allow a pylon sign on property located at 4615 Nicols Road on the southwest corner of Nicols and Cliff Roads in the NW 114 of Section 31, subject to the following conditions: I. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. One pylon sign shall be allowed on the northwest corner of the site. 3. The pylon sign shall not exceed 27 feet in height and 125 square feet in area. The pylon sign shall be set back 10 feet from all property lines and a sign permit shall be required prior to construction of the pylon sign. A vote was taken on the motion. Aye: 5 Nay: 0 REVIEW WINTER TRAIL MAINTENANCE PROGRAM City Administrator Hedges introduced this item regarding the current Winter Trail Maintenance Plan / Policy. The Director of Transportation for ISD 196 was present. A discussion was held regarding new boundary issues in ISD 196. The Council agreed that a review of the boundaries of all school districts serving Eagan should be reviewed. Councilmember Fields moved, Councilmember Bakken seconded a motion to continue review and affirmation of the current Winter Trail Maintenance Plan/Policy to the June 5, 2001 City Council meeting. Aye: 5 Nay: 0 RESOLUTION REPEALING MINOR SUBDIVISION ORDINANCE, CITY OF EAGAN City Administrator Hedges introduced this item regarding an ordinance amending Eagan City Code Chapter Thirteen entitled "Subdivision Regulations (platting)" by deleting Section 13 .11 regarding minor 01- 2 9 subdivisions. Senior Planner Ridley discussed a proposed revised Minor Subdivision Ordinance that would be more stringent than the preliminary and final subdivision process in terms of assuring compatibility in lot sizes. After a brief discussion, the Council agreed to repeal the Minor Subdivision Ordinance. Mayor Awada moved, Councilmember Bakken seconded a motion to approve a resolution repealing the Minor Subdivision Ordinance. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA SPECIAL AREA - SE EAGAN The Council discussed the possible establishment of a Special Area for Southeast Eagan that require specific planning studies to ensure an orderly change to ultimate development. The actual areas included the study were discussed and defined along with the possibility of a moratorium on development until the study has been completed. Councilmember Bakken moved, Councilmember Tilley seconded a motion to direct staff to schedule discussion of a Special Area designation of Southeast Eagan at the April Advisory Planning Commission meeting and prepare an ordinance amendment to create an interim ordinance for the purposes of establishing a moratorium for the study area. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes April 3, 2001 Page 14 LOCAL PRIMARY ELECTION REPEAL City Administrator Hedges discussed the request of City Councilmembers Fields and Tilley regarding repeal ofthe primary election for local candidates. The Council agreed to place the repeal on a future regular City Council agenda. Mayor A wada moved, Councilmember Tilley seconded a motion to place the issue of repealing the Municipal Primary Election on the April 17, 2001 regular City Council meeting agenda. Aye: 5 Nay: 0 ECONOMIC DEVELOPMENT AUTHORITY City Administrator Hedges requested that a meeting of the Economic Development Authority be scheduled for April 17, 2001. Mayor A wada moved, Councilmember Tilley seconded a motion to schedule a meeting of the Economic Development Authority for April 17 , 2001 as a part of the regular City Council agenda preceding public hearings and following the consent items. Aye: 5 Nay: 0 ADJOURNMENT The meeting adjourned at 1 :00 a.m. MBM () (J.~Li , 3' Jt~C / I Date / \) ) L{A~ \, j MiJ.d~& 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). 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