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11/08/2001 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota November 8, 2001 A regular meeting of the Eagan City Council was held on Thursday, November 8, 2001 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Carlson, Fields and Tilley. Councilmember Bakken was absent due to the recent birth of his daughter. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty, and Administrative Secretary/Deputy Clerk Mira McGarvey. AGENDA Mayor Awada stated an additional item regarding a settlement agreement with EHW will be added under the Consent Agenda as item LL Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 4 Nay: 0 Mayor Awada recessed Council meeting and convened as the Economic Development Authority. CONSENT AGENDA Councilmember Tilley requested that Item E be pulled from the Consent Agenda for discussion. Mayor Awada moved, Councilmember Carlson seconded a motion to approve the balance of the Consent Agenda. Aye: 4 Nay: 0 A. Minutes. It was recommended to approve the minutes of the October 16, 2001 regular City Council meeting, the October 16, 2001 Listening Session, the October 9,2001 special City Council meeting, the October 9,2001 special Goals Workshop. B. Personnel Items. 1. It was recommended to approve the hiring of Denise Hall and Robert Dunbar as part- time seasonal concessions workers at the Civic Arena. 2. It was recommended to approve the hiring of Jeremiah Fauskee as a seasonal forestry technician. 3. It was recommended to approve the hiring of Nicholas Osborn, William Osborne and Rochelle Baillon as part-time seasonal skate guards at the Civic Arena. C. On-Sale Liquor License. It was recommended to approve an on-sale liquor license application for Bonfire restaurant. D. Trash Hauler Licences. It was recommended to approve 2002 Commercial, Residential and Construction I Demo Trash Hauler License Renewals. F. Tobacco License. It was recommended to approve 2002 Tobacco License Renewals. G. Tree Contractor License. It was recommended to approve 2002 Tree Contractor License Renewal for Houston's Tree Service 14847 Haven Drive, Apple Valley, MN. Eagan City Council Meeting Minutes November 8, 2001 Page 2 H. Lawful Gambling Exempt Permit. It was recommended to approve an application for 01- 6 7 Lawful Gambling Exempt Permit for Faithful Shepherd Catholic School for a raffle to be held January 26,2002. I. Revised Contract 98-15. It was recommended to approve the revised Contract 98-15 (Energy Alternatives) and Change Order to Contract 98-15 (Zi8egle Power Systems)- Eagan Campus Back-upIPeak Shaving Generator. J. Joint Powers Agreement. It was recommended to approve a Joint Powers Agreement that would allow the City of Eagan to continue its participation in the Dakota County Drug Task Force. K. Proiect 759R. It was recommended to receive the draft feasibility report for Project 759R (Beau D'Rue - Street, Utility and Trail Improvements) and schedule a public hearing to be held on December 11, 2001. L. Project 794, It was recommended to receive the Draft Feasibility Report for Project 794 (River Hills 9th Addition - Street Improvements) and schedule a public hearing to be held on December 11, 2001. M. Project 855. It was recommended to receive the draft feasibility report for Project 855 (Oak Chase 6th and Ches Mar East Additions - Street Overlay) and schedule a public hearing to be held on December 11, 2001. N. Project 849. It was recommended to receive the draft feasibility report for Project 849 (DeelWood Place - Storm Mitigation Improvements) and schedule a public hearing to be held on December 11, 2001. O. Proiect 801. It was recommended to receive the draft feasibility report for Project 801 (Silver Bell Road - Street Overlay) and schedule a public hearing to be held on December 11,2001. P. Contract 01-09A. It was recommended to receive the bids for Contract 01-09A (Lift Station Upgrades - Storm Mitigation Improvements), award the contract to S.M. Hentges & Sons for the base bid in the amount of$405,816.20, and authorize the Mayor and Deputy Clerk to execute all related documents. Q. Contract 01-04. It was recommended to approve Change Order No. 2 to Contract 01-04 (Central Parkway I Northwood Parkway and Community Center - Street, Utility and Grading improvements) and authorize the Mayor and City Clerk to execute all related documents. R. Contract 00-05. It was recommended to approve the final payment for Contract 00-05 (2000 Citywide Trail Improvements) in the amount of$19,101.07 to Bituminous Roadways, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. S. Contract 99-Z. It was recommended to acknowledge completion and authorize city maintenance for Contract 99-Z (Oakpointe of Eagan Two), T, Project 771. It was recommended to approve an Easement Agreement for Project 771 (Lexington Avenue - Divided Four-Lane Upgrade) with the owner of Parcels 10-01000- 010-06 and 10-45001-010-00 (United States Postal Service) and authorize the Mayor and Deputy City Clerk to execute all related documents. U. Easement Vacation, Vacation of ROW and Final Subdivison. It was recommended to approve the Vacation of public drainage and utility easements within Lots 1 and 2, Block 2 01- 67 A and Lots 1,2 and 3, Block 3, Effress Addition; to approve the vacation of a portion of the public right-of-way for Marice Drive; and to approve a Final Planned Development and Eagan City Council Meeting Minutes November 8, 2001 Page 3 V. Final Subdivision. It was recommended to approve a Final Subdivision (Finch Place) to create 23 lots on 12.6 acres located north of Red Pine Lane and east of Hwy. 3 in the E 12 of Section 36. Easement Vacation and Final Subdivision. It was recommended to approve the Vacation of public drainage and utility easements associated with the replat of Eagandale Center Industrial Park No. 17. It was also recommended to approve a Final Subdivision (Eagandale Center Industrial Park No. 17) located along Mike Collins Drive at Apollo Road in NE ~ of Section 11. Contract 98-J. It was recommended to acknowledge completion of Project 98-J (Pinetree Pass Addition - Street and Utilities) and authorize perpetual City maintenance subject to warranty provisions. Contract 98-N. It was recommended to acknowledge the completion of Project 98-N (Pinetree Pass 2nd Addition - Street and Utilities) and authorize perpetual City maintenance subject to warranty provisions. Contract 980-0. It was recommended to acknowledge the completion of Project 98-0 (Pinetree Pass 3rd Addition - Street and Utilities) and authorize perpetual City maintenance subject to warranty provisions. Contract 99-F. It was recommended to acknowledge the completion of Project 99-F (Pinetree Pass 4th Addition - Street and Utilities) and authorize perpetual City maintenance subject to warranty provisions. Contract 98-PP. It was recommended to acknowledge the completion of Contract 98-PP (Oakbrooke Addition - Street and Utilities) and authorize perpetual City maintenance subj ect to warranty provisions. TIF District 2-4. It was recommended to approve a resolution calling for a Public Hearing by the City Council on the proposed establishment of Tax Increment Financing District No. 4, a redevelopment district located within Northeast Eagan Project Area No.2, and the adoption of the plans therefore. Capital Improvement Program Part II. It was recommended to approve Part II (Vehicles and Equipment) of the 2002 Capital Improvement Program. Manufacturers Month. It was recommended to approve a proclamation recognizing Minnesota Manufacturers Month in the City of Eagan. Community Center - Contract Award and Contract Bid. It was recommended to approve an adjustment to the previous contract bid schedule and approve a contract split for Community Center serviced band shell services. Appointment of Law Firms. It was recommended to appoint Severson, Sheldon, Dougherty, & Molenda, Mayor Awada as the general legal services provider for the City of Eagan; to appoint Grannis & Hauge as the prosecution legal services provider the City Eagan; to appoint Ratwick, Roszak and Maloney as the labor legal services provider for the City of Eagan. Authority of Partial Delegation of Local Government Unit Decisions. It was recommended to approve decision authority for exemption, wetland type, wetland boundary, and no-loss determinations with the water resources coordinator while retaining approval authority for replacement and wetland banking plans. Grant Agreement - Storm Sewer Mitigation. It was recommended to approve the resolution authorizing execution of the Grant Agreement - Storm Sewer Mitigation, Telecommunications Lease Agreement. It was recommended to approve the telecommunication lease agreement with Verizon, Inc, for an antenna installation on the 01-72 01-68 w. 01-69 x. y. z. AA. BB. CC. 01-70 DD. EE. 01-71 FF. GG. HH. II. JJ, Eagan City Council Meeting Minutes November 8, 2001 Page 4 Yankee Doodle Reservoir at 700 Yankee Doodle Road, and authorize the Mayor and City Clerk to execute all related documents. KK. Telecommunications Lease Agreement. It was recommended to approve the telecommunication lease agreement with Verizon, Inc. for an antenna installation on the Deerwood Reservoir at 1650 Deerwood Drive and authorize the Mayor and City Clerk to execute all related documents. LL. Agreement - EHW. It was recommended to approve a Settlement Agreement with EHW. E. Commercial Fertilizer Licenses. It was recommended to approve the 2002 Commercial Fertilizer License Renewals. Councilmember Tilley noted that other metro-area cities have banned the use of lawn fertilizers containing phosphorus. City Administrator Hedges stated that the current license renewals could be approved and any changes made to restrict phosphorus-based fertilizers would be required for all current licenses. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve 2002 Commercial Fertilizer License Renewals. Aye: 4 Nay: 0 Councilmember Tilley moved Councilmember Carlson seconded a motion to direct staff to obtain information from other cities regarding phosphorus studies. Aye: 3 Nay: 1 Mayor A wada opposed. PUBLIC HEARINGS VARIANCE - GERALD R. BULL (4557 MAJESTIC OAKS PLACE) City Administrator Hedges introduced this item regarding a request for a 3.8% Variance to the maximum 20% lot coverage requirement for residential property located at 4557 Majestic Oaks Place. Senior Planner Ridley gave a staff report. He stated that a letter of obj ection from a neighboring property owner had been received. Mayor Awada opened the public hearing. Gerald Bull, applicant, discussed the requested variance. Robert Yancy, 4544 Majestic Oaks, expressed his concern regarding the side of the property that the proposed variance would impact. He stated he would not object to the variance if the back side of the property is impacted rather that the sides adjacent to his property. He also stated that he would object to the variance if a precedent would be set. Mayor Awada indicated that the variance would essentially be to the back ofthe property, but that a precedent would be set should the variance be approved. Mayor Awada stated she is opposed to the variance. Councilmember Carlson stated she felt that hardship had not been indicated. Councilmembers Tilley and Fields agreed. There being no further public comment Mayor Awada closed the public hearing and turned discussion back to the Council. Eagan City Council Meeting Minutes November 8, 2001 Page 5 Mayor A wada moved, Councilmember Carlson seconded a motion to direct staff to prepare Findings of Fact to deny a 3.8% Variance to the maximum 20% lot coverage requirement for residential property located at 4557 Majestic Oaks Place (Lot 3, Block 1, Majestic Oaks 2nd Addition). Aye: 4 Nay: 0 VARIANCE - GRIGORIY Y AKOVLEV (1875 BRAUN COURT) City Administrator Hedges introduced this item regarding a request for a two foot Variance from the required five foot side yard setback for the placement of an accessory structure in a single-family zoning district located at 1375 Braun Court, Senior Planner Ridley gave a staff report. Mayor Awada opened the public hearing. The applicant stated that his neighbors had indicated they were not opposed to the placement of the accessory structure. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a two foot Variance from the required five foot side yard setback for the placement of an accessory structure in a single-family zoning district located at 1375 Braun Court, Lot 3, Block 1, Harvey's Heritage, subject to the following conditions: Aye: 4 Nay: 0 1. Ifwithin one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless the Council has granted a petition for extension. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. Exterior colors utilized for the accessory structure shall be compatible with the existing single family home. PROJECT 840, ROBIN LANE STORM MITIGATION IMPROVEMENTS City Administrator Hedges introduced this item regarding Project 840 (Robin Lane - Storm Mitigation Improvements). Mark Hanson, Bonestroo Rosene Anderlik and Associates made a presentation. Mayor Awada opened the public hearing. Andrew Akridge, 3652 Robin Lane, the only homeowner that was flooded in the July 2000 storm, discussed the proposed improvements and expressed his support for the improvement option presented in the feasibility report. Mayor A wada discussed the cost of the project and stated it is difficult to justify the expense of the project for one house, Councilmember Tilley also expressed concern over the cost. Councilmember Carlson questioned the liability of the builder of the home due to the home not being built to specifications. Mr. Akridge indicated he had contacted the builder and intends to investigate the issue further with him. Eagan City Council Meeting Minutes November 8, 2001 Page 6 Councilmember Carlson moved, Councilmember Tilley seconded a motion to deny Project 840 (Robin Lane - Storm Mitigation Improvements) Aye: 4 Nay: 0 PROJECT 843, BEECHER DRIVE STORM MITIGATION IMPROVEMENTS City Administrator Hedges introduced this item regarding Project 843 (Beecher Drive- Stonn Mitigation Improvements). Mark Hanson, Bonestroo Rosene Anderlik and Associates made a presentation. Mayor Awada opened the public hearing. Three residents spoke regarding the project expressing their concerns that the proposed berm around the upper pond would not be the appropriate solution to the flooding problem. They felt that the intersection of Blackhawk Road redirecting the overflow drainage to the 35E right-of-way should be reconstructed to alleviate the problem, Councilmember Carlson stated she would like discussions to be held with MNDOT regarding reconstruction of the intersection and the redirecting of the drainage back to MnDOT's right-of-way. She recommended that the public hearing be continued. Council directed staff to contact MnDOT. Mayor A wada moved, Councilmember Tilley seconded a motion to continue consideration of Project 843 (Beecher Drive - Storm Mitigation Improvements), to Dec. 18, 2001. Aye: 4 Nay: 0 PROJECT 844, FORSSA WAY - STORM MITIGATION IMPROVEMENTS City Administrator Hedges introduced this item regarding storm mitigation improvements on Forssa Way. Mark Hanson, Bonestroo Rosene Anderlik and Associates made a presentation. Mayor A wada opened the public hearing. Four residents made comments regarding the removal and replacement of storm sewer pipe and the possibility of a pond in the adjacent park area. Mayor Awada and Mark Hanson discussed the possibility of constructing a pond in the adjacent park. The installation of pipe was also discussed. Councilmembers Carlson and Tilley stated they felt another alternative should be explored. Mayor Awada stated she would support Option 1 as described in the Feasibility Report. Councilmember Fields suggested discussion be held with residents regarding the possibility of modifying their homes, Eagan City Council Meeting Minutes November 8, 2001 Page 7 Mayor Awada moved, Councilmember Tilley seconded a motion to continue consideration of Project 844 (Forssa Way - Storm Mitigation Improvements), Aye: 4 Nay: 0 PROJECT 845, ROCKY LANE / PADDOCK COURT STORM MITIGATION IMPROVEMENTS City Administrator Hedges introduced this item regarding storm mitigation improvements for Rocky Lane / Paddock Court. Mark Hanson, Bonestroo Rosene Anderlik and Associates made a presentation. Mayor Awada opened the public hearing. John Pollock 147 Paddock Court, stated he supports the option of enlarging the drainage pipe, Councilmember Carlson and Mayor A wada both noted the importance of protecting Deerwood Drive from flooding to ensure emergency vehicle access across the freeway as a major benefit to the community, There being no further public comment, Mayor A wada closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the storm sewer outlet option under Project 845 (Rocky Lane / Paddock Court - Storm Mitigation Improvements) and authorize the preparation of detailed final plans and specifications. Aye: 4 Nay: 0 CERTIFICATION OF DELINQUENT UTILITY BILLS City Administrator Hedges stated the City currently has approximately 273 utility bill accounts with delinquent payments and the assessable amount of these accounts is $45,735.40. Mayor A wada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve certification of delinquent utility accounts to Dakota County for collection with property taxes. 01-73 Aye: 4 Nay: 0 CERTIFICATION OF DELINQUENT FALSE ALARM BILLS City Administrator Hedges stated the City currently has approximately 14 false alarm accounts with delinquent payments and the assessable amount is $3,875.00. Mayor A wada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Eagan City Council Meeting Minutes November 8, 2001 Page 8 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve 01- 7 4 certification of delinquent false alarm bills to Dakota County for collection with property taxes. Aye: 4 Nay: 0 CERTIFICATION OF DELINQUENT NOXIOUS WEED CUTTING BILLS City Administrator Hedges stated the City currently has one noxious weed cutting account with delinquent payments and the assessable amount is $155.00. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the CounciL Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve certification of delinquent noxious weed cutting bills to Dakota County for collection with property taxes. Aye: 4 Nay: 0 01-75 OLD BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING & PRELIMINARY SUBDIVISION -SHEL TER CORPORATION City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan amendment, a rezoning and preliminary planned development and Preliminary Subdivision for 17.1 acres located west of Nicols Road and north of Erin Drive. Senior Planner Ridley gave a staff report. Mayor A wada discussed the process that has taken place regarding consideration of the proposed project over the past few months. She thanked Councilmembers Tilley and Carlson for their work with the developer in modifying the project. Jay Jensen, Shelter Corporation, made a presentation regarding the changes that have been made to the proposed subdivision during the past couple of months. He further stated that the over all density of the project has been reduced. Mayor Awada discussed the decrease in density. Councilmember Carlson thanked the developer for his cooperation and indicated that she is in support of the rezoning and preliminary planned development and preliminary subdivision. Councilmember Fields expressed her appreciation to the developer and stated she is also in support of the project. Councilmember Tilley stated she felt it is a quality project and is in favor of approvaL Councilmembers agreed that conditions of approval shall be amended / added due to the revised site plan and discussion regarding pedestrian movement. The Council discussed the rezoning and the preliminary subdivision. Senior Planner Ridley explained that the Comprehensive Guide Plan Amendment will be submitted to the Metropolitan Council for review. After response from the Metropolitan Council, action on the Eagan City Council Meeting Minutes November 8, 2001 Page 9 preliminary planned development and preliminary subdivision will be placed on a future consent agenda for approval. Councilmember Carlson moved, Councilmember Fields seconded a motion to direct that a Comprehensive Guide Plan Amendment from RC (Retail Commercial) to MD (Medium Density Residential) to be submitted to the Metropolitan Council for review and approval subject to the following conditions: Aye: 4 Nay: 0 Rezoning: 1. A written Preliminary Planned Development Agreement shall be executed and recorded with the County Recorder's office. 2. The property shall be subdivided and platted. 3. The owner and applicant and/or developer shall enter into a Final Planned Development Agreement with the City prior to issuance of a building permit. The following exhibits are necessary for the Final PD Agreement: . Final Site Plan . Final Building Elevations . Final Landscape Plan . Final Site Lighting Plan . Final Signage Plan 4. The term of this Planned Development shall be five years. 5. The developer shall insure that the building plans, materials and construction of the building improvements are such that they will provide an interior sound level of 45 dBA as compared with a noise level of 65 DNL. 6. Prior to Final Planned Development approval, the developer shall provide a copy of all cross easements and other agreements between the two lots documenting the joint access to site amenities and use of private streets, as well as any maintenance agreements for such shared facilities within this development. 7. On-street parking should be prohibited along all streets within the development. 8, Building setbacks shall be not less than those shown on the approved Preliminary Site Plan dated October 31, 2001. 9. A more detailed landscape plan shall be provided with the application for Final Planned Development and shall include underlying grading contours, show plant quantities, and identify individual species graphically. The final landscape plan shall note the minimum size specification for deciduous shade trees is 2-1/2 inches and six feet for coniferous trees, and that automatic irrigation will be provided for all landscaped areas. Eagan City Council Meeting Minutes November 8, 2001 Page 10 10. The development shall provide at least 32,000 square feet of recreational space, which may include play lots, swimming pool and clubhouse, as well as open common yard areas, The basketball court shall not be included in satisfying the recreational space requirement because it is located less than 100 feet from the ponding area, 11. Revised building elevation plans shall be submitted for the Final Planned Development. The plans shall identify building materials and colors. Trim and roof colors shall contrast with the siding for added visual interest. The type of materials shall be consistent throughout both the Dakota County CDA and Shelter Corporation portions of the development, though different but complementary colors may be used among the buildings. 12. A Site Lighting Plan will be required with the application for Final Planned Development. The plan shall show a fixture details and photometrics, Lighting shall be indirect and diffused and shall not be directed upon public rights-of-way or adjacent properties, and the source oflight shall not be directly visible from off the property. 13, The sign plans shall be revised so that the sign height does not exceed 7 feet. The signs shall be set back a minimum of 10 feet from the property lines. Additionally, the sign location at Erin Drive and Nicols Road is subject to City Code Section 11.10, Subdivision 7 regarding traffic visibility. A sign permit shall be obtained prior to installation of the sign and the location confirmed for compliance at the time of permit issuance, 14. All requirements set forth in Section 11.10, subdivision 24 of the City Code shall apply to this development. The developer shall submit detailed plans at the time of application for Final Planned Development demonstrating that these standards are satisfied. 15. The developer shall provide a painted pedestrian land on Erin Drive. Preliminary Subdivision I Preliminary Planned Development 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: AI, B1, B4, Cl, C2, C4, D1 and El 2. The property shall be platted. 3. Prior to final subdivision approval, the developer shall provide a copy of all cross easements and other agreements between the two lots documenting the joint access to site amenities and use of private streets, as well as any maintenance agreements for such shared facilities within this development. 4. The developer shall insure that the building plans, materials and construction of the building improvements are such that they will provide an interior sound level of 45 dBA as compared with a noise level of 65 DNL. 5. The developer shall construct the private streets to widths in accordance with City code requirements. Eagan City Council Meeting Minutes November 8,2001 Page 11 6. This development shall meet the City's water quality requirements through a combination of on-site ponding and cash dedication, 7. The stormwater pond shall be constructed to treat 13.1 acres of the site area. It shall contain a minimum wet-pond volume of 1.23 acre-feet and shall have a minimum area of 0.43 acres, The stormwater treatment pond shall be constructed according to NURP standards with a maximum depth of 6 feet, ala: 1 aquatic bench beginning at the normal water level, and an outlet skimmer according to City design standards. 8. In lieu ofponding to treat stormwater from 4.0 acres of the site, a cash dedication of $8,770.00 also shall be required. 9. The developer is responsible for compliance with any regulations imposed by Excel Energy concerning construction and grading within the easement on the northern part of the property. 10. Tree mitigation is required and shall be accomplished through the installation of fourteen (14) category B trees (or an equivalent combination of category A and/or category C trees). 11, This development is responsible for cash park and trail dedications. The dedication is to be collected at the time of final plat at the rates then in effect. NEW BUSINESS CONDITIONAL USE PERMIT - KEYS WELL DRILLING City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow outdoor storage on property located at 3131 Sibley Memorial Highway. Senior Planner Ridley gave a staff report. Hugh Cullen, representing Keys Well Drilling, stated he is in agreement with the conditions suggested by the Planning Commission. He stated that regarding condition number 5, a berm will be installed rather than a fence. Regarding condition number 13, he stated there will be no construction planned that will impact the Highway 13 right of way, He questioned the calculation of$10,093 for water quality contribution listed as condition number 15. Staff indicated they would explain the calculation of the water quality contribution to Mr. Cullen. Ron Miller, adjacent property owner, questioned an open area on the landscaping plan. Mr. Cullen stated it was just an over site and would be corrected. Mayor Awada suggested that a copy of the Final Landscape Plan be forwarded to Mr. Miller. Eagan City Council Meeting Minutes November 8, 2001 Page 12 Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow outdoor storage on property located at 3131 Sibley Memorial Highway in the NE ~ of Section 8 and NW ~ of Section 9 subject to the following conditions: Aye: 4 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City CounciL 2. A detailed site plan shall be submitted that specifies what type of items will be stored in which locations on the site. 3. Trash receptacles shall be kept either inside the building or within an enclosure constructed according to City Code standards. The revised detailed site plan shall show the trash enclosure if one is to be constructed. 4. A minimum five-foot curb setback from the west property line shall be maintained except where easement exists across the adjacent property for the driveway to Alexander Road. 5. The eight-foot tall fence shall be constructed of a material that provides 90% opacity for screening from public rights-of-way. 6. The items to be stored shall not exceed the height of the fence enclosure, 7. Milled bituminous surface shall be allowed for surfacing within the outdoor storage area. The owner shall be responsible for maintaining the surface material in good condition. The site shall be subject to periodic staff review to determine its adequacy for dust and drainage control. If upon review, the surface is determined to be inadequate, the City may require the storage lot to be resurfaced with bituminous asphalt. 8, Landscaping shall be provided along the south and east sides of the property to provide screening of the storage areas from public rights-of-way and residential properties to the east. The landscaping along the east side of the property shall include evergreen trees to provide an effective screen given the topography in the area, 9. A detailed landscape plan shall be submitted for staff review and approval prior to release of the Conditional Use Permit for recording. The landscape plan shall identify the particular plant materials and specifications for installation. All landscaped area shall be irrigated and where possible. 10. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City standards during the construction of the new parking and storage areas. 11. A private storm sewer pipe system, in accordance with City standards, shall be constructed to handle drainage from the site, including catch basin structures and storm sewer to capture the storm water runoff before it reaches public right-of-way. Eagan City Council Meeting Minutes November 8, 2001 Page 13 12. The developer shall construct the proposed storage areas with perimeter concrete curb & gutter, hard surfacing, concrete driveway entrance aprons, and storm sewer in accordance with City standards. 13. The developer shall obtain MnDOT permit approval for any work within Highway 13 right- of-way. 14. The applicant shall provide evidence of an easement allowing for the access to Alexander Road over the adjacent parcel to the west (United Stationers). The easement should be provided to the city prior to release of the Conditional Use Permit for recording. 15. This development shall be responsible for a cash water quality contribution, to be paid prior to release of the CUP for recording. The amount is based on the southern half of the site to encompass the newly surfaced storage area and expanded parking lot area. The calculated water quality contribution amount is $10,093.00, 16. The outdoor storage on the property shall be limited to those items listed on the hand written list submitted by Keys Well Drilling. PLANNED DEVELOPMENT AMENDMENT - RACO, LLC City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a Class II restaurant (Culver's) with drive through service on Lot 2, Block 1, Gatewoods Addition, located at 3445 O'Leary Lane. Senior Planner Ridley gave a staff report. Clint Racine, applicant, discussed the Culver's Restaurant franchise. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow a Class II restaurant (Culver's) with drive through service on Lot 2, Block 1, Gatewoods Addition, located at 3445 O'Leary Lane in the NE 'l4 of Section 15 subject to the following conditions: Aye: 4 Nay: 0 1. The applicant and/or developer shall enter into a Planned Development Amendment Agreement with the City prior to building permit issuance. 2. A cash dedication in lieu of on-site water quality ponding shall be required for this development. 3. The impervious surface shall not exceed 61 percent of the site area. 4. Plantings shall be prohibited within the O'Leary Lane public right-of-way and in storm sewer utility easements extending along the western and eastern property lines. A revised landscape plan shall be submitted for the Planned Development Agreement. 5. Plantings or a decorative fence shall be installed to delineate the retaining wall along the southern property line. Eagan City Council Meeting Minutes November 8, 2001 Page 14 6. Wall signage shall be permitted on the north and east elevations of the building. A separate permit shall be obtained for the wall and freestanding ground signage. 7. The developer shall provide evidence of a private utility easement agreement with the property owner of Lot 1, Block 1, Gatewoods Addition to allow for this connection, prior to building permit issuance for this development. 8. The developer shall be responsible for the necessary modifications to the existing entrance onto O'Leary Lane for use by Lot 1 Block 1 Gatewoods Addition only. 9. The developer shall construct the proposed public sidewalk to maintain an 8-foot wide boulevard, or sodded area, between the sidewalk and the west curb of O'Leary Lane. CHAPTER 11, ORDINANCE AMENDMENT - TRANSFER STATIONS City Administrator Hedges introduced this item regarding an Ordinance Amendment to Chapter 11 specifying that Demolition Transfer Stations be allowed as a conditional use in the Limited Industrial Zoning District. Councilmember Tilley moved, Councilmember Fields seconded a motion to adopt an Ordinance Amendment to Chapter 11 specifying that Demolition Transfer Stations be allowed as a Conditional Use Permit in the Limited Industrial Zoning District. Aye: 4 Nay: 0 CHAPTER 6, ORDINANCE AMENDMENT - TRANSFER STATIONS City Administrator Hedges introduced this item regarding an Ordinance Amendment to Chapter 6 to define and regulate Demolition Transfer Stations as a Conditional Use in the Limited Industrial Zoning District. Councilmember Tilley moved, Councilmember Fields seconded a motion to adopt an Ordinance Amendment to Chapter 6 to define and regulate Demolition Transfer Stations as a Conditional Use in the Limited Industrial Zoning District. Aye: 4 Nay: 0 AMENDMENT TO CITY ORDINANCE 2.38 REGARDING CODE ENFORCEMENT TECHNICIANS City Administrator Hedges introduced this item regarding an Ordinance Amendment to Ordinance 2.38, regarding City Employees authorized to issue citations, Councilmember Tilley moved, Councilmember Fields seconded a motion to approve an amendment to City Ordinance 2.38, Subd. 2(E) regarding City Employees authorized to issue citations. Aye:4 Nay: 0 Eagan City Council Meeting Minutes November 8, 2001 Page 15 ORDINANCE AMENDMENT - CHAPTER TEN PUBLIC PROTECTION, CRIMES AND OFFENSES City Administrator Hedges introduced this item regarding an Ordinance Amendment amending Eagan City Code Chapter Ten entitled "Public Protection, Crimes and offenses by amending Section 10.11 regarding dog and cat regulation and dog licensing. He stated the amendment would bring the City Code into conformance with State regulations. Mayor A wada moved, Councilmember Fields seconded a motion to adopt an ordinance amending Eagan City Code Chapter 10 by amending Section 10.11, entitled dog and cat regulation and dog licensing; and by adopting by reference Eagan City Code Chapter 1 an Section 10.99. Aye: 4 Nay: 0 GRADING PERMIT APPLICATION LOT 2, BLOCK 1, OAK POND HILLS City Administrator Hedges introduced this item regarding a grading permit for 45465 Oak Pond Road. Public Works Director Colbert gave a staff report. Randy Wendolek, applicant, explained his intent is to prepare the property for possible future subdivision. Ron Pavlak, 4555 Oak Pond Road, expressed his opposition to the grading permit due to flooding potential from the pond north of the property if a house is constructed in that area. Public Works Director Colbert explained that the buildability of the property in question and related drainage concerns are typically addressed at the time a subdivision is proposed. City Attorney Bauer stated that the issue before the Council is consideration of a grading permit, not potential problems once the property is subdivided. As such, the Council must consider the grading permit on its on merits. Mayor Awada moved, Councilmember Carlson seconded a motion to approve a grading permit for Lot 2, Block 1, Oak Pond Hills. Aye: 4 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE Mayor Awada stated she had received complaints regarding the School District elections held November 6, 2001. She pointed out that the City did not conduct the election and complaints should be directed to the School District. ADMINISTRATIVE AGENDA DIRECTOR OF COMMUNICATIONS / RECRUITMENT PROPOSAL Eagan City Council Meeting Minutes November 8, 2001 Page 16 City Administrator Hedges discussed a proposal from The Brimeyer Group to assist the City in the recruitment of a Director of Communications. Councilmember Fields moved, Councilmember Tilley seconded a motion to accept the proposal from The Brimeyer Group, Inc., to assist the City of Eagan in the recruitment ofa Director of Communications for an amount up to but not to exceed $10,000. Aye: 4 Nay: 0 VISITORS TO BE HEARD David Brunee, Linda Buchanan, Michael Dean, Rosemary Diffley Sterns and Steve Westin each expressed their opposition to the proposal to convert Patrick Eagan Park to a golf course. ADJOURNMENT The meeting adjourned at 10:45 p.m. into an Exec~tive Session. " j 0tL ! I If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 681-4600, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance.