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04/04/2006 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota April 4, 2006 A Listening Session was held prior to the regular City Council meeting at 6:00 p.m. in the Eagan Room. Present were Mayor Geagan, Councilmembers Fields, Maguire, Carlson and Tilley. Susan Melman discussed problems that she is having with her neighbors regarding noise. She was referred to Chief Therkelsen. Members of the Greyhawk Homeowners Association discussed issues regarding unrecorded easements, unfinished landscaping and other items left incomplete by the developer. Council directed staff to place this issue on the April 18, 2006 City Council meeting agenda. A regular meeting of the Eagan City Council was held on April 4, 2006 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Carlson, Fields, Tilley, and Maguire. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. RECOGNITIONS AND PRESENTATIONS The retired Volunteer Fire Chiefs were recognized by Mayor Geagan and presented with a certificate. AGENDA Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 CONSENT AGENDA Items [ and K were pulled from the consent agenda for discussion. Councilmember Tilley moved, Mayor Geagan seconded a motion to approve the consent agenda as amended. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes ofthe March 21, 2006 regular City Council meeting and the March 14,2006 special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Steve Evanson as a Utilities Maintenance Worker contingent upon successful completion of physical, drug and agility testing. 2. It was recommended to acknowledge the retirement of Linda Bendt, Administrative Secretary in the Police Department. 3. It was recommended to accept the resignation of Jay Morgan, Water Production Maintenance Worker. C. Check Registers. It was recommended to ratifY the check registers dated March 23, 2006 and March 30, 2006 as presented. D. Proclamation. It was recommended to recognize the week of April 9-15, 2006 as National Public Safety 06-11 Telecommunications Week. E. Liquor License/Tobacco License. It was recommended to approve an Off-Sale Liquor License for Diffley Liquor, Inc. (dba Blackhawk Liquor) located at 4130 Blackhawk Road. It was also recommended to approve a Tobacco License for Diffley Liquor, Inc. located at 4130 Blackhawk Road. F. Surplus. It was recommended to declare Police Department office furniture as surplus to be disposed of as refuse. G. Delinquent Utility Bills. It was recommended to set a public hearing for May 2, 2006 to consider the final assessment of delinquent utility bills and certifY them to Dakota County for collection with property taxes. H. Delinquent Invoice. It was recommended to set a public hearing for May 2,2006 and consider the final assessment roll for this property. I. Pulled for discussion. J. ~ It was recommended to approve the advertisement for Statement of Qualifications and Quotes for the development of Patrick Eagan Park Master Plan. Eagan City Council Meeting Minutes April 4, 2006 Page 2 K. Agreement. Removed from agenda. L. Contract. It was recommended to approve the selection of Vistar as the primary concessions food and supplies provider for concessions operations at Cascade Bay, Civic Arena, Eagan Community Center and Northview / Lexington - Diffley athletic facilities from May 2006 through April 2007 and direct staff to prepare the appropriate contract for the Mayor's signature. M. 2006 Fees and Charges. It was recommended to approve the following policy change to Parks and Recreation Feels and Charges Policy: 1. To allow the charge of a $175 mobile play wagon rental fee for residents who wish to rent the self contained mobile entertainment center for a party or special event. 2. The allow the charge of a $200 mobile play wagon rental fee for non-residents who wish to rent the self contained mobile entertainment center for a party or special event. N. Contract 06-02. It was recommended to award Contract 06-02 (Denmark Avenue / Saddlehorn / Sunset / Town Centre Drive / Meadowview / Alexander Road Street & Sidewalk Improvements. O. Contract 06-03. It was recommended to award Contract 06-03 (Meadowland / Suncliff / Silver Bell Road / Art Rahn / Hillandale / Whispering Woods / Slater Road - Street Improvements), to McNamara Contracting, Inc. for the base bid in the amount of $659,59 1.30 and authorize the Mayor and City Clerk to execute all related documents. P. Final Planned Development. It was recommended to approve a Final Planned Development of 5.4 acres to build a 3-story, Class A office building on Lot 1, Block 1, Grand Oak Five in the NE 1f4 of Section 02. Q. Final Planned Development. It was recommended to approve a Final Planned Development to construct a 20,600 square foot retail building located at 1247 Northwood Parkway in the SE 1f4 of Section 10. R. Correspondence to Support State Funding. It was recommended to approve correspondence to support State funding in 2006 for the expansion of the northwest area of Inver Grove Heights. S. Contract 03-09. It was recommended to approve the release of remaining retainage for Contract 03-09 (Coachman Water Treatment Plant) and authorize the Mayor and City Clerk to execute all related documents. T. Lease Agreement. It was recommended to approve a lease agreement between the City of Eagan and St. Croix Harley Davidson. The approval of this lease will enable the police department to lease two 2006 motorcycles for one year at a cost of $2.00. I. Use of Community Center free of charge for Miss Eagan Pageant. Councilmember Fields stated she would like further discussion regarding the pageant organizers marketing more to Eagan residents or students, as Miss Eagan has not been an Eagan resident/student the past two years. Motion was made by Carlson, seconded by Tilley to continue consideration of a request by the Miss Eagan pageant to use the Eagan Community center free of charge during the 4th of July festivities. Aye; 5 Nay; 0 K. Agreement for professional services agreement for a miniature golf course within Cascade Bay was removed from the agenda. City Administrator Hedges explained that staff is recommending a change in the process for the design plans and specifications for the course and will utilize either the City's existing engineering services or a mini golf course consultant. No action was needed for this item. PUBLIC HEARINGS OAKVIEW CENTER ADDITION (Lots I & 2, Block I) EASEMENT V ACA TION City Administrator Hedges introduced this item regarding a drainage and utility easement vacation within Lots 1 and 2, Block 1 Oakview Center Addition. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Maguire moved, Councilmember Tilley seconded a motion to close the public hearing for the vacation ofa public drainage and utility easement within Lots 1 and 2, Block 1 Oakview Center Addition. Aye: 5 Nay: 0 (Action on the vacation taken later in the meeting). Eagan City Council Meeting Minutes April 4, 2006 Page 3 OLD BUSINESS FINAL PLAT AND FINAL PLANNED DEVELOPMENT (DIFFLEY MARKETPLACE) RELIANCE DEVELOPMENT City Administrator Hedges provided background information regarding the Final Plat and Final Planned Development of Diffley Marketplace located south of Diffley Road and east of Lexington A venue. He noted that the Dakota County Board of Commissioners had denied a compromise solution for access to the development, however Council must take actions related to the development itself. City Attorney Dougherty outlined options for the Council to consider. David Stradtman, representing Reliance Development discussed the potential use of Daniel Drive as access to the development, stating that he felt the neighborhood's reaction to the proposed access was based on emotion and fear rather than engineering and facts. He stated his position is that they should be able to use the property as the Comprehensive Guide dictated. Janet Westenberg, representing the neighborhood, stated that it was the general request ofthe property owners that access through Daniel Drive not be allowed, expressing concern over safety and overall quality of life. Kate Boyle stated she had attended the Dakota County Board of Commissioners meeting and felt they are not listening to the concerns of the residents. She requested that the City Council support the request of the residents by denying access to the property via Daniel Drive. Peter Ramstad shared background information on the area and the many years retail development was anticipated on the subject site and that the exact same thing occurred in his neighborhood with the Holiday and McDonald's development, just across the street. He went on to say that the neighborhood fears were never realized. He stated his support of the development with full access to Daniel Drive. Barbara Lenort also spoke in favor of the proposed development with full access to Daniel Drive. She explained to the Council that she has been waiting for a development like this for 10 years and how full access to Daniel Drive would make the development more convenient. She also stated her belief that the Daniel Drive coalition was not being genuine. Councilmembers held a discussion regarding options for the site. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the final plat for Diffley Marketplace creating one lot on approximately 10.94 acres located south of Diffley Road and east of Lexington 06-12 Avenue, legally described as Outlot A, Lexington Point 13th Addition and Outlot A, Lexington Pointe ih Addition, in the NW 1f4 of Section 26. Aye: 5 Nay: 0 Councilmember Carlson moved, Council member Fields seconded a motion to approve a Final Planned Development for Diffley Marketplace to consist of a 42,600 square foot grocery store and two 10,000 square foot multi-tenant retail buildings upon 10.94 acres located south of Diffley road and east of Lexington Avenue, legally described as Outlot A, Lexington Pointe 13th Addition and Outlot A, Lexington Pointe ih Addition, in the NW 1f4 of Section 26, subject to the following conditions: Aye: 5 Nay: 0 1. A Final Planned Development Agreement for the authorization of a 42,600 sq. ft. grocery store and two 10,000 sq. ft. multi-tenant buildings shall be executed. The following plans are necessary for the Final Planned Development Agreement: . Final Site Plan (without access to Daniel Drive) . Final Building Elevations . Final Site Lighting Plan . Final Landscaping Plan . Final Signage Plan Eagan City Council Meeting Minutes April 4, 2006 Page 4 2. Construction of each ofthe additional retail buildings approved as part of the Preliminary Planned Development for Phase II will require Final Planned Development approval for each building. Each Final Planned Development application will require a Site Plan Review by the City Council. Platting 3. The platting of Diffley Marketplace Addition shall be completed prior to issuance of any building permits. Uses 4. Uses permitted within the NB zoning district shall be permitted within the two 10,000 sq. ft. retail buildings. Only three Class II restaurants, with one drive-through service shall be permitted. Any additional Class II restaurants shall require a Planned Development Amendment. 5. The following Class II restaurants shall be prohibited: McDonald's, Burger King, KFC, Wendy's, Taco Bell and Arby's. Setbacks 6. The trash enclosures shall meet the 30-foot setback from the south property line. Streets/Easements/Right -of-way 7. With future subdivision, cross-easements will be needed for ingress/egress and parking in a form acceptable to the City Attorney. 8. The development shall provide a service drive dedicated to through movements and without direct parking stalls, from the existing access onto Diffley Road to the Walgreen's property. 9. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 10. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 11. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements and area acceptable to the City Engineer. 12. All public streets and utilities. necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City Codes and engineering standards, guidelines and policies. 13. To ensure that Walgreen's will retain access to Diffley Road with future subdivision of the subject site, the developer shall provide a copy of the access easement affording Walgreen's access to Diffley Road for review and approval by the City Attorney prior to release of the plat and Planned Development agreements for recording. GradinglDrainage/Water Quality 14. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 15. The proposed Grading Plan must be revised to incorporate berming along Diffley Road. 16. City water quality requirements shall be met primarily through construction of an on-site pond on the east end of the parcel. This pond shall have a minimum treatment volume of 1.5 acre-feet and a maximum depth of 10 feet. To account for the 1.04 acres of the site that drain off site to city streets without stormwater treatment, cash in lieu ofponding shall be paid at the rates in effect at the time of payment. Landscaping/Tree Mitigation 17. A detailed Landscape Plan shall be submitted on the proposed grading plan. The financial guaranty shall be provided in the form of a letter of credit in an amount equivalent to the cost of plant materials plus Eagan City Council Meeting Minutes April 4, 2006 Page 5 installation, as calculated by the City, and shall cover two full calendar years subsequent to the completion of the landscaping as provided in the approved landscape plan and shall be released only upon inspection and written notice of conformance by the City. 18. The Developer shall submit a revised Tree Mitigation Plan that shows the mitigation plantings separate from the Landscape Plan. This revised plan shall be submitted to City staff for review and approval by the City Forester. 19. The developer shall review the Landscape Plan and revise it as necessary to address the following issues: a. Selection of plants and use oftaller narrower evergreen materials along the south boundary for solid screening and appropriate size and tolerance for growing conditions. b. Potential conflicts between parking lot island trees and site lighting. c. Designation of mitigation plantings in addition to landscape plantings. d. Added shrub and/or perennial beds along Diffley Road. Lighting 20. The site lighting plan shall be reviewed and calculations clarified or lighting modified to better achieve the IESNA recommended standards and reduce light spillover onto adjacent residential property. 21. Additional shielding or adjustments in the proposed lighting shall be made to achieve the 1.0 foot-candle or less at all points along the development where it abuts residential property. Elevations/Signage 22. The proposed grocery building elevations shall be modified to utilize brick as the primary exterior material rather than EIFS. 23. There shall be no signage on the cart corrals, and all shopping carts shall be retrieved from the corrals and stored within the building overnight. 24. Awnings on the two retail buildings shall be a canvas or Sunbrella material and shall not be illuminated and shall contain no signage. Hours/Operations/Other 25. Hours of operation for the grocery store and other commercial businesses shall be restricted to between 6:00 a.m. and 12:00 a.m. (midnight). 26. There shall be no driveway connection to Daniel Drive. 27. Grading operations shall occur only between 9:30 am and 3:00 pm. 28. The developer shall provide flagmen during grading operations. 29. Construction operations shall cease at 9;00 pm. 30. Prior to commencing grading activity, the developer shall provide a financial guaranty in a form acceptable to the City Attorney to ensure proper completion of site improvements including but not limited to grading, erosion control, utilities, landscaping and site lighting. Councilmember Carlson moved, Councilmember Fields seconded a motion to direct staff to draft Findings of Fact and Resolution to deny the applicant's request for an amendment to the site plan incorporating a one-way access from Daniel Drive into the development. Aye: 5 Nay: 0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT - LESLEY TSCHERNE City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a kennel upon residential property located at 3812 Blackhawk Ridge Place. City Planner Ridley gave a staff report. Council discussed the use of the property for a kennel should the property be sold. It was the consensus of the Council that an Interim Use Permit would be more appropriate for this situation. Eagan City Council Meeting Minutes April 4, 2006 Page 6 Councilmember Carlson moved, Councilmember Fields seconded a motion to continue consideration of a Planned Development Amendment to allow a kennel, by definition, upon residential property located at 3812 Blackhawk Ridge Place, to the April 18th meeting to allow the request to be changed to an Interim Use Permit: Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT AND REZONING SUNRISE PROPERTIES City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment to change the land use designation from LD, Low Density residential to HD, High Density residential upon approximately 5.1 acres located northwest of Highway 13 and Silver Bell Road. City Planner Ridley gave a staff report. After discussion regarding the recommendation of the Advisory Planning Commission, Council agreed that a more appropriate zoning of the property would be Planned Development. Greg Schlink, Sunrise Properties indicated he had no objection to the property being zoning Planned Development. Councilmember Fields moved, Councilmember Carlson seconded a motion to direct that a Comprehensive Guide Plan Amendment to change the land use designation from LD, Low Density residential to HD, High Density Residential, upon approximately 5.1 acres located northwest of Highway 13 and Silver Bell Road be submitted to the Metropolitan Council for review and approval. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT, FINAL PLANNED DEVELOPMENT AND FINAL PLAT- EAGAN HOSPITALITY GROUP, INC. City Administrator Hedges introduced this item regarding a Planned Development Amendment to change the approved use from restaurant to hotel and a Final Plat combining two lots into a single parcel on land located southwest of Lone Oak Road and Holiday Lane. City Planner Ridley gave a staff report. Rian Gamble, Eagan Hospitality Group discussed the proposed hotel. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to change the approved use from restaurants to hotel, upon approximately 3 acres located southwest of Lone Oak Road and Holiday Lane subject to the following conditions: Aye: 5 Nay: 0 1. A Planned Development Amendment Agreement amending the Preliminary Planned Development shall be prepared and recorded at the Dakota County Recorder's Office prior to the Final Planned Development Agreement. A site plan is required for the Final Planned Development. 2. A Final Planned Development shall be required and an agreement be prepared and recorded at the Dakota County Recorder's Office prior to issuance ofa building permit. The following plans are required for the Final Planned Development: . Final Site Plan . Final Landscape Plan . Final Building Elevations . Final Signage Plan . Final Site Lighting Plan 3. The property shall be replatted. 4. A trash enclosure shall be provided for outside trash storage. Such enclosure shall be attached to and constructed of materials to match the principal building. 5. Site lighting shall be through 400 watt metal halide fixtures pole-mounted at a height of25 feet. All fixtures shall be downcast and shielded to prevent glare. Building mounted security lighting shall also be shielded and downcast to prevent glare. 6. Building signage shall comply with City Sign Code requirements. 7. This site is allowed one free-standing monument sign. All such signs must be set back a minimum of 10 feet from all property lines. 8. The monument sign base shall be constructed of the same materials used for the principal building. Eagan City Council Meeting Minutes April 4, 2006 Page 7 9. Approval of this hotel proposal shall eliminate the "shopping center" pylon sign envisioned for the southeast corner of this site. 10. The landscape plan shall be reviewed to ensure no large growth materials conflict with the water line and easement, and to determine if a more suitable material can be used in the islands. Substitutions shall be made if necessary . 11. Landscape berms to help screen parking areas shall be provided within the parking setback areas, where possible. 12. To be consistent with the Oakview Center architectural standards, the elevations shall be revised to utlize brick and decorative block in place of the synthetic stone. 13. The developer shall provide evidence of ingress/egress easement allowing for the proposed service drive connection with the property to the west, in a form acceptable to the City Attorney. 14. This development shall install three Category B trees to fulfill the tree mitigation obligation for Oakview Center. 15. The fire lane on the north side of the building shall be paved with concrete curb and gutter. 16. The development shall meet the 30% minimum green space requirement. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Final Plat (Oakview Center 2nd Addition) combining two lots into a single parcel upon approximately 3 acres, located southwest of Lone Oak 06-13 Road and Holiday Lane. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the vacation of drainage and utility easements for Lots 1 and 2, Block 1, Oakview Center. Aye: 5 Nay: 0 REZONING, PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION (RED PINE CROSSING) - REVESTORS City Administrator Hedges introduced this item regarding a rezoning from Neighborhood Business to Planned Development, a Preliminary Planned Development for a mixed commercial retail/office development, and a Preliminary Subdivision to create two lots and a Variance to allow a lot with less than 50' public street frontage on approximately 9.82 acres located southeast of Red Pine Lane and Highway 3. City Planner Ridley gave a staff report. Quinn Hutson, representing the developer, discussed the proposed development. Julian Bell, representing six other residents, expressed concern over increased traffic in the area, safety, crime, noise and light pollution. He also suggested that a separate entrance to the development be provided off of Highway 3. Council held a discussion which included the feasibility study for street and utility improvements to be completed prior to final approval, the height of the tower feature on the end of Building C, not allowing an off-sale liquor store, the limitation on the hours of grading for the project and no parking on the south side of Red Pine Lane. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve a Rezoning from NB, Neighborhood Business to PD, Planned Development for a mixed commercial retail/office development upon approximately 9.82 acres located southeast of Red Pine Lane and Highway 3. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve a Preliminary Planned Development for a mixed commercial retail / office development, upon approximately 9.82 acres located southeast of Red Pine Lane and Highway 3, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall execute a Preliminary Planned Development Agreement which includes the following plans: . Site Plan . Building Elevations . Site Lighting Plan . Landscaping Plan . Signage Plan Eagan City Council Meeting Minutes April 4, 2006 Page 8 2. A Final Planned Development Agreement shall be executed for each building of the development. The following plans are necessary for the Final Planned Development Agreement: . Final Site Plan . Final Building Elevations . Final Site Lighting Plan . Final Landscaping Plan . Final Signage Plan 3. The property shall be platted prior to issuance of any building permits. 4. Uses permitted within the NB zoning district shall be permitted within this development. Any use that requires a conditional use permit in the NB zoning district, with the exception of the bank drive- through and on-sale liquor service associated with a Class I restaurant operation, which are part of this initial proposal, shall require an amendment to the PD in lieu of a conditional use permit. 5. Neighborhood Business setbacks shall apply to this development except as noted otherwise: Building C may be set back 10.5' from the existing south property line abutting Gun Club Road. 6. A minimum of 30% green space shall be provided. 7. Building height shall not exceed 30', with the exception of the panel above the main entrance and the tower on Building C which extend to 38' and 46.75' respectively. 8. Building coverage shall not exceed 20%, based on the overall site area. 9. The developer shall review the trash storage areas to ensure they are of sufficient size to accommodate both trash and recyclable materials containers for anticipated tenants. 10. Stacking for 5 vehicles shall be provided for each of the drive-through lanes. 11. The developer shall locate all large-growth landscaping outside of public right-of-way and easement areas. 12. The applicant shall fulfill required tree mitigation through the installation of sixty-five (65) Category B trees (or an equivalent combination of Category A and/or Category C trees). 13. The applicant shall submit a revised Tree Preservation Plan that shows the correct placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 14. 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. 15. A separate landscape only plan shall be submitted prior to Final PD and Final Subdivision approval. 16. The Landscape Plan shall be revised to adjust species selection per staff report recommendations. 17. The revised Landscape Plan shall be signed by the landscape architect or certified nurseryperson who prepared it. 18. This development shall be responsible for cash parks and trails dedications payable at the time of building permit at the rates then in effect. 19. All building signage shall be subject to City Sign Code requirements and shall be limited to backlit channel letters. 20. A four-sided pylon sign structure shall be permitted at the northwest corner of the site, with signage on three sides. The center pylon shall be designed of materials to match the buildings. Sign area is limited to 125 sq. ft. on each side. 21. Free-standing monument signs shall be permitted at each entrance into the site. The monument signs shall be constructed of brick and limestone to match the buildings. The monument signs shall be subject to City Sign Code placement and size requirements. 22. Because the site apparently has an excess number of parking stalls, the developer shall redesign the stalls to the required 10' stall width for Building C and 9.5' stall width for Buildings A and B. 23. The developer shall have the lighting engineer review the Site Lighting Plan to determine if adjustments can be made to improve lighting west of Building A and bring the average to minimum ratios in all parking areas to 4: 1. 24. The developer shall have the lighting engineer and landscape architect review the Site Lighting Plan in conjunction with the Overall Planting Plan to ensure that the selection of plant materials does not interfere with effective site lighting. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve a Preliminary Subdivision to create two lots upon approximately 9.82 acres, with a Variance to allow a lot with less than 50' public street frontage, located southeast of Red Pine Lane and Highway 3, subject to the following conditions: Aye: 5 Nay: 0 Eagan City Council Meeting Minutes April 4, 2006 Page 9 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: AI, Bl, B3, B4, Cl, C2, C4, Dl and E1. 2. The property shall be platted. 3. Neighborhood Business setbacks shall apply to this development except as noted otherwise: . Building C may be set back 10.5' from the existing south property line abutting Gun Club Road. 4. Building coverage shall not exceed 20%, based on the overall site area. 5. A minimum of30% green space shall be provided. 6. Building height shall not exceed 30 feet, with the exception of the panel above the main entrance and the tower on Building C which extend to 38' and 46.75' respectively. 7. The developer shall review the trash storage areas to ensure they are of sufficient size to accommodate both trash and recyclable materials containers for anticipated tenants. 8. The developer shall be responsible for obtaining easement permission from the adjacent properties for the proposed grading. 9. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. 10. All retaining walls shall be located on private property, outside of public right-of-way, and maintained privately by property owners. 11. The developer shall submit evidence of private agreements between all properties in the subdivision, providing for long-term maintenance of the rain garden and infiltration basin areas, prior to final subdivision approval, and in a form acceptable to the City Attorney and Public Works Department. 12. The developer shall be responsible for providing a public storm drainage system within the development to accommodate the existing drainage from Biscayne A venue, in accordance with City engineering standards. 13. This development shall extend public sanitary sewer of sufficient size, depth, and capacity through the development to serve properties south and east, in accordance with the City Comprehensive Sewer Plan (2000). 14. 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. 15. The developer shall be responsible for all necessary roadway and signal mitigative improvements on Red Pine Lane and at the Red Pine Lane/ Highway 3 intersection. The developer shall also be responsible for the dedication and acquisition of all necessary right of- way, and public and private easements to construct the mitigative improvements. 16. To provide additional distance from the development entrance to Highway 3 to improve vehicle circulation on Red Pine Lane, the entrance shall be located as far east on the property as possible. 17. The developer shall be responsible for obtaining private ingress / egress easement from Lots 4 and 5, Block 1 Halley's First Addition to cover the proposed access drive over those properties, to directly align with Red Pine Court across Red Pine Lane. 18. The developer shall locate all large-growth landscaping outside of public right-of-way and easement areas. 19. Storm water runoff shall be treated on site via two constructed ponds. The design and construction of the treatment ponds and infiltration basins shall satisfY City standards and criteria. 20. The wetland delineation report for the site shall be approved as submitted. 21. A minimum exemption shall be obtained to allow 94 square feet of wetland fill. 22. A average 30-foot natural vegetation buffer as provided on the site plan shall be provided next to the wetland. 23. The applicant shall fulfill required tree mitigation through the installation of sixty-five (65) Category B trees (or an equivalent combination of Category A and/or Category C trees). 24. The applicant shall submit a revised Tree Preservation Plan that shows the correct placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 25. 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. 26. A separate landscape only plan shall be submitted prior to Final PD and Final Subdivision approval. 27. The Landscape Plan shall be revised to adjust species selection per staff report recommendations. 28. The revised Landscape Plan shall be signed by the landscape architect or certified nurseryperson who prepared it. Eagan City Council Meeting Minutes April 4, 2006 Page 10 29. This development shall be responsible for cash parks and trails dedications payable at the time of building permit at the rates then in effect. 30. A four-sided pylon sign structure shall be permitted at the northwest corner of the site, with signage on three sides. The center pylon shall be designed of materials to match the buildings. Sign area is limited to 125 sq. ft. on each side. 31. Free-standing monument signs shall be permitted at each entrance into the site. The monument signs shall be constructed of brick and limestone to match the buildings. The monument signs shall be subject to City Sign Code placement and size requirements 32. Because the site apparently has an excess number of parking stalls, the developer shall redesign the stalls to the required 10' stall width for Building C and 9.5' stall width for Buildings A and B. 33. The developer shall have the lighting engineer review the Site Lighting Plan to determine if adjustments can be made to improve lighting west of Building A and bring the average to minimum ratios in all parking areas to 4: 1. 34. The developer shall have the lighting engineer and landscape architect review the Site Lighting Plan in conjunction with the Overall Planting Plan to ensure that the selection of plant materials does not interfere with effective site lighting. PROJECT 929, RED PINE LANE / RED PINE CROSSING STREET AND UTILITY IMPROVEMENTS City Administrator Hedges introduced this item regarding street and utility improvements for Red Pine Lane / Red Pine Crossing. Public Works Director Colbert gave a staff report. Councilmember Tilley moved, Councilmember Maguire seconded a motion to receive the petition and authorize the preparation of a Feasibility Report by the City Engineer for Red Pine Lane / Red Pine Crossing street and utility improvements. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT - CITY OF EAGAN COMMUNITY CENTER City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow a pylon sign to announce events and programs at the Community Center. City Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow a pylon sign at the Eagan Community Center subject to the following conditions. Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota county within 60 days of approval by the City Council. 2. An administrative Sign Permit shall be obtained from the City prior to installation of the pylon sign. 3. The existing monument sign shall be removed prior to installation of the pylon sign. 4. The pylon sign shall be placed at the current monument sign location, approximately 220' north of Central Parkway, as indicated on the site plan with a modification date of July 12,2005. 5. The pylon sign shall be setback a minimum of 10' from all property lines. 6. The pylon sign shall not exceed 10' in height or 109 square feet in area. 7. The LED text copy shall not change more than twice per day. 8. The LED text copy shall not contain moving sections or intermittent or flashing lights, except for intermittent display of time and temperature. 9. The pylon sign shall comply with all Sign Code requirements. 10. The limestone base shall be the same as the present sign. LEGISLA TIVE / INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges discussed proposed transition language regarding eminent domain in a bill that will be considered at the State Legislature later this week. Communications Director Garrison discussed a telecommunications bill that is currently before Congress regarding local rates and franchise fees. Eagan City Council Meeting Minutes April 4, 2006 Page 11 The regular City Council meeting was recessed at 9:45 p.m. and a meeting of the Economic Development Authority was immediately convened. The regular City Council meeting was reconvened at 9:55 p.m. ADMINISTRA TIVE AGENDA City Administrator Hedges noted that an Executive Session would be held following the regular Council meeting to discuss strategies for the City's litigation with MAC. FORMAL APPLICATION FOR HOUSING IMPROVEMENT DISTRICT CONSIDERATION CEDAR BLUFFS HOMEOWNERS ASSOCIATION City Administrator Hedges introduced this item regarding a petition from the Cedar Bluffs Homeowners Association requesting Housing Improvement District consideration for their property. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to receive a petition from the Cedar Bluffs Homeowners Association and direct City staff to request formal application for Housing Improvement District consideration for their property. Aye; 5 Nay; 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 10:00 p.m. Aye: 5 Nay: 0 ~ 1 cJC(}!t Date 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). 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.