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05/06/2008 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota May 6, 2008 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Carlson, and Tilley. Councilmember Bakken was absent. Three residents from Bear Paw Trail expressed their concern over solicitors that have been going door to door in their neighborhood. They requested the Council consider a more restrictive registration process for solicitors. After discussion with the residents and staff, Council directed that staff proceed with a draft ordinance amendment in regard to solicitor registration to be considered at a future City Council meeting. A regular meeting of the Eagan City Council was held on Tuesday, May 6, 2008 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Carlson, Fields, and Tilley. Councilmember Bakken was absent. 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. Mayor Maguire noted that Councilmember Paul Bakken would not be present due to his attendance at a national ARC event where he is being recognized for his volunteer work. AGENDA City Administrator Hedges noted that a request for continuance of item B under New Business had been received. He also noted that an item would be added to the Administrative Agenda regarding recommendations of the Personnel Committee. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 4 Nay: 0 RECOGNITIONS AND PRESENTATIONS RECOGNITION OF THE RETIREMENT OF POLICE OFFICER BILL WHITE Police Officer Bill White was recognized for his 33 years of service to the City of Eagan. PRESENTATION BY THE SIERRA CLUB Mike Obermueller and Celeste Riley, Sierra Club Volunteers, presented a certificate of recognition to the Mayor and Council for their support of the Mayors Climate Protection Agreement. RECOGNITION OF HOLTZ FARM FRIENDS OF THE FARM VOLUNTEER Don Holz was recognized for his 1500 volunteer hours at Holz Farm. CONSENT AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the April 15, 2008 regular City Council meeting and the April 8, 2008 Special City Council meeting as presented. B. Personnel Items 1. It was recommended to approve the hiring of Jessye Stock as a seasonal park laborer. 2. It was recommended to approve the hiring of Brian Hopkins, Daniel Streefland, James Proschek, Jason Wheeler, Ryan Wall, Elyse Chell, Tyler VonDelinde, Matthew Bailery, Marc Cierzan, Jennifer Schoenecker, Nathan Dunn, Pablo Gonzalez, Andrew Paul, Sarah Schwarz, Matthew Eagan City Council Meeting Minutes May 6, 2008 Page 2 Steele, Nicholas Mestad, Jeffrey O'Donnell, Brian Meyers, Ben Bible, Scott Hoium and Steve Nelson as seasonal park maintenance workers. 3. It was recommended to approve the hiring of Andrew Scheidegger, Katie Shields, Lindsey Taylor, Ryan Marks, Robbie Edwards, Derek Rothschiller and Eric Holmay as seasonal landscape crew. 4. It was recommended to approve the hiring of Kyle Gill as a seasonal tree inspector. 5. It was recommended to approve the hiring of Guy Larson as a part-time seasonal forestry technician. 6. It was recommended to approve the hiring of Wanda Bowman, Jill Brown, Shelley Clark, Jon Childers, Peter Jadoonath, Brian Keeler and Amy Rhone as part-time seasonal art instructors at the Art House. 7. It was recommended to approve the hiring of Wendy Andrews, Richard Barta, Heidi Hager, Robert Kreyer, Samantha McNabney and Laura Young as part-time seasonal lifeguards at Cascade Bay. 8. It was recommended to approve the hiring of Ryan Ronchak and Nathan Fowler as part-time seasonal lifeguard instructors at Cascade Bay. 9. It was recommended to approve the hiring of Jennifer Piskor as a part-time seasonal pool attendant at Cascade Bay. 10. It was recommended to approve the hiring of Jennifer Stanull and Carly Reimer as part-time seasonal guest services reps at Cascade Bay. 11. It was recommended to approve the hiring of Nicolas Csargo, Matthew Johnson and Meredith Gilroy as part-time seasonal coordinators at Cascade Bay. 12. It was recommended to approve the hiring of Gary Royal as a part-time seasonal overnight custodian at the Community Center. 13. It was recommended to approve the hiring of Tom Schellinger, Nathan Voye and Garrett Matteson as part-time seasonal streets maintenance workers. 14. It was recommended to approve the hiring of Heidi Quinn as a Water Resources Intern. 15. It was recommended to approve the hiring of Joshua Garcia as a seasonal Ballfield attendant. 16. It was recommended to approve the hiring of Nicole Florsch, Grant Gittus, Elizabeth Petesch, Jessica Spurr, Amanda Sharp, Mitchell Johnson, Alicia Everson, Mara Plifka, Ashley Brown, Emily Bryant, Jonathon Dale, Ryan Cairo, Alyssa Landin, Weston Sternitzke, Jessica Allen, Aaron Walker, Melissa Clawson Julian Larrea, Colin Reidlinger and Claire Sykora as part-time seasonal pool attendants at Cascade Bay. 17. It was recommended to approve the hiring of Michael Petesch, Amanda Knutson, Lauren Loeffler, Brittany Meehan, Michael Kaiser, Stefanie Berkopec, Ane DeCaster, Painge Bentley, Jacob Edwinson, Kaitlen Keeney, Kyle Nesheim, Keely Moeller, Kaye Lani Berg, Gina Marascuilo, Nathaniel Chrastil, Erin McGrath, Timothy Massie, Nathaniel Phillips, Dana Plifka, Dylan Young, Kayla Csargo, Courtney Harrington, Brianna Peterson, Nicole Lenway, Elise Farrington, Anthony Giancana, Allison Gleason, Anne Rathman, Sean Bjordal and Tyler Osegard as part-time seasonal lifeguards at Cascade Bay. 18. It was recommended to approve the hiring of Katie Stein, Amelia Phelon, Andrew Scipioni, Andrew Weil, ruth Bisek, Audrey Rehwaldt, Abigail Guetzlaff, Alyssa Zaborowski, Thomas Simpson, Benjamin Eng, Beth Pearson, Angela Tumini, Kristen Riehle, Melissa Cassidy, Katelyn Lutovsky, Taylor Geer, Caitlyn Huonder, Michelle Johnson, Christina Basch, James Glewwe, Mark Sinclair, Erin Coyne, Rachel Gatz, Emily Kimball, Tracy Weitzel, Melanie Anderson, Nicole Tako, Madeline Garner and Kyle Stevenson as part-time seasonal guest services reps at Cascade Bay. 19. It was recommended to approve the hiring of David Bailly, Ryan Boehne, Rachel Keiser, Matt Mason, Kelsey Reger, Mark Sinclair, Kyle Stevenson and Casey Willmarth as part-time seasonal concessions workers at Cascade Bay. 20. It was recommended to approve the hiring of Alyssa Wylie and Bryce Willis as part-time seasonal coordinators at Cascade Bay. 21. It was recommended to approve the hiring of Anne Marascuilo and Laura Young as part-time seasonal lifeguard instructors at Cascade Bay. Eagan City Council Meeting Minutes May 6, 2008 Page 3 22. It was recommended to approve the hiring of Andy Lund as a part-time seasonal building attendant II at Cascade Bay. 23. It was recommended to accept the letter of retirement from Bill White, Police Officer. C. It was recommended to ratify the check registers dated April 10, 2008, April 17, 2008 and April 24, 2008 as presented. D. It was recommended to acknowledge Eagan as the recipient of the 2007 Tree City USA Award from the National Arbor Day Foundation, and approve the Arbor Day Resolution setting Saturday, May 17 as 08-15 Arbor Day and May, 2008 as Arbor Month in the City of Eagan. E. It was recommended to accept a donation of a beverage counter to be installed on the rail at the top of the bleacher seating area in memory of Dave Steele. F. It was recommended to authorize the advertisement for bids to enclose the mezzanine in the Civic West Arena. G. It was recommended to approve the temporary 3.2 percent malt liquor license for the Eagan Lions Club for the Fourth of July celebration (July 3-4, 2008) and waive the $25 license fee. H. It was recommended to approve the agreement with Property Room.com, Inc. for the auction and disposition of unclaimed and surplus property. 1. It was recommended to approve a Tree Maintenance Contractor License for Aspenwall Tree Service, Inc. J. It was recommended to approve a 60-day extension of time to record the final plat for Blue Gentian Corporate Center, located north and south of Blue Gentian Circle, in the NW 1/4 of Section 2. K. It was recommended to approve a one year extension to the Preliminary Subdivision and Conditional Use Permit approvals for Diffley Plaza 2"d Addition, located at 4249 Johnny Cake Ridge Road, NW 1/4 of Section 28. L. It was recommended to authorize preparation of a Wetland Bank Plan application to create two Wetland Bank sites within the City. M. It was recommended to approve the name of "Coventry Pond" for City Pond JP-23. N. It was recommended to approve additions to '08-'09 Winter Trail Maintenance Program as noted by consensus at the April 29 Council Workshop. 0. It was recommended to approve the resolution authorizing the purchase of usual and customary items and 08-15A services for City operations and functions. PUBLIC HEARINGS CERTIFICATION OF DELINQUENT FALSE ALARM BILLS City Administrator Hedges introduced this item regarding the certification of Delinquent False Alarm Bills noting that there are currently eleven delinquent false alarm bills with an assessable amount of $3,355. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Carlson seconded a motion to approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. Aye: 4 Nay: 0 08-16 CERTIFICATION OF DELINQUENT WEED CUTTING BILLS City Administrator Hedges introduced this item regarding the final assessment roll for delinquent weed cutting bills noting there are currently 12 delinquent bills with an assessable amount of $2,578.72. Mayor Maguire opened the public hearing. Kevin Manley stated he had purchased two of the properties proposed to be assessed for weed cutting and board up bills several months ago and the charges were not assessed to the title. He requested that the charges be removed from the certification list. Eagan City Council Meeting Minutes May 6, 2008 Page 4 There being no further public comment, Mayor Maguire closed the hearing and turned discussion back to the Council. Mayor Maguire continued consideration of this item until later in the meeting to allow staff time to research Mr. Manley's request. Later in the meeting the following motion was made: Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the final assessment roll for delinquent weed cutting bills (with the exception of parcel numbers 10-45800-020-02 and 10-45801-200-01) and 08-17 authorize its certification to Dakota County until later in meeting. Aye: 4 Nay: 0 CERTIFICATION OF DELINQUENT BOARD UP BILLS City Administrator Hedges introduced this item regarding the final assessment roll for the delinquent board up bills noting there are currently two delinquent bills with an assessable amount of $3,278.49. Mayor Maguire continued consideration of this item until later in the meeting. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the final assessment roll for 08-18 the delinquent board up bills, with the exception of parcel number 10-45800-0200-02, and authorize its certification to Dakota County. Aye: 4 Nay: 0 CERTIFICATION OF DEBRIS REMOVAL BILLS City Administrator Hedges introduced this item regarding the final assessment roll for delinquent debris removal bills noting there is currently one delinquent bill with an assessable amount of $121.18. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Carlson seconded a motion to close the public hearing and approve the final assessment roll for delinquent debris removal bills and authorize its certification to Dakota County. 08-19 Aye: 4 Nay: 0 CERTIFICATION OF DELINQUENT UTILITY BILLS City Administrator Hedges introduced this item regarding the final assessment roll for delinquent utility bills, noting there are currently 602 delinquent utility accounts with an assessable amount of $109,407.98. Mayor Maguire opened the pubic hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Carlson seconded a motion to approve the final assessment roll for 08-20 delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. Aye: 4 Nay: 0 VARIANCE AND FINAL PLAT (ABF ADDITION) ABF FREIGHT SYSTEM, INC. City Administrator Hedges introduced this item regarding a final plat to create one lot upon approximately 802 acres and a Variance of 10 feet to the required 50 foot front yard setback for the existing building at 2750 Lexington Avenue South. City Planner Ridley gave a staff report. Eagan City Council Meeting Minutes May 6, 2008 Page 5 Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Final Plat to create one lot upon approximately 8.02 acres located at 2750 Lexington Avenue South, legally described as Lots 3, 4, 5, and 6, Plainview Addition, in the NW 1/4 of Section 02. Aye: 4 Nay: 0 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Variance of 10 feet to the required 50-foot front yard setback for the existing building at 2750 Lexington Avenue South in the NW 1/4 of Section 02, subject to the following conditions: Aye: 4 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The broken tree at the southerly entrance shall be replaced with nursery stock meeting the minimum specifications in the City's landscape ordinance. VARIANCE - 2066 COPPER LANE - ADAM AVERY City Administrator Hedges introduced this item regarding a request for a variance of 5 feet to the required 30 foot front yard setback to construct a covered front porch addition to the existing single-family home at 2066 Copper Lane. City Planner Ridley gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Mayor Maguire complimented Mr. Avery on the detailed graphics provided. Councilmember Fields moved, Councilmember Carlson seconded a motion to approve a Variance of 5 feet to the required 30 foot front yard setback to construct a covered front porch addition to the existing single-family home at 2066 Copper Lane legally described as Lot 4, Block 8, Cedar Grove No. 4, in the NE 1/4 of Section 30, subject to the following conditions: Aye: 4 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The porch addition shall not exceed the size shown on the proposed site plan. 3. The addition shall comply with all other applicable Zoning Ordinance provisions. 4. A building permit must be obtained prior to construction. OLD BUSINESS PLANNED DEVELOPMENT AMENDMENT, FINAL PLANNED DEVELOPMENT AND FINAL PLAT MSP COMMERCIAL City Administrator Hedges introduced this item regarding a planned development amendment and a final planned development for a two story medical/office building, and a final plat to create one lot upon approximately 3.39 acres located south of Best Buy on Town Centre Drive. City Planner Ridley gave a staff report, noting this item had been continued at the April 16, 2008 Council meeting to allow MSP and BCBSM to resolve matters regarding parking and the easements. Alex Young, MSP Commercial discussed the revised site plan. Eagan City Council Meeting Minutes May 6, 2008 Page 6 Councilmember Fields moved, Councilmember Carlson seconded a motion to approve a Planned Development Amendment for a two-story medical/office building upon approximately 3.39 acres located south of Best Buy on Town Centre Drive, legally described as Lots 2 and 3, Block 1, Eagan Place 2"d Addition in the NE 1/4 of Section 15 subject to the following conditions: Aye: 4 Nay: 0 1. A Final Planned Development shall be required and an agreement shall be prepared and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plans are required for the Final Planned Development: a. Final Site Plan b. Final Building Elevations c. Final Landscape Plan d. Final Signage Plan e. Final Site Lighting Plan 2. The property shall be replatted as a single lot and the plat recorded with the Dakota County Recorder's office within 60 days of plat approval and prior to issuance of a building permit. 3. A separate screening structure that extends at least as high as the rooftop equipment itself shall be installed. This screening structure shall be a single structure to encompass all of the equipment, and shall be constructed of materials that are architecturally compatible with the exterior materials of the principal building. Plans for the screening structure shall be provided with the building permit application. 4. Trash storage shall be located within the principal building. 5. Building signs shall be located as shown on the approved elevations, and all building signs shall be similar in design and of the same type of construction. 6. The total number of building signs shall not exceed five signs. Only one building sign shall be permitted for each tenant. Up to two building signs on separate elevations may be permitted for a single tenant occupying 50% or more of the building. 7. The Landscape Plan shall be revised to show opaque landscape screening of ground mounted mechanical equipment. 8. The monument sign shall be set back 10' from the sidewalk easement as required by City Code. 9. The base of the monument sign shall be constructed of the same brick to match the principal structure. 10. The monument sign face shall be reduced to no more than 4 feet in height. 11. All site lighting shall be downcast and shielded such that the source of light is not visible from off the property. 12. The developer shall provide evidence of private ingress/egress easements between the properties, for review and approval by the City attorney prior to building permit approval. 13. The developer shall provide a Tree Inventory and Tree Preservation Plan for review and approval by the City Forester prior to issuance of a building permit. 14. The applicant shall provide evidence, in a form acceptable to the City Attorney, of the shared parking rights that the property ahs to adjacent property, as well as any shared parking rights that encumber this property. 15. In accordance with Eagan City Code § 11.67 Subd. 4.B., the applicant shall have the wetland partially on the site delineated by a Certified Wetland Delineator utilizing approved methods as stated in Minn. Rules Ch. 8420 and shall have the wetland assessed utilizing the Minnesota Routine Assessment Method (Version 3.0 or later version). 16. Any proposal to impact wetland on the site by draining, filling, or excavating shall comply with Minn. Rules Ch. 8420 and shall be in accordance specifically with Eagan City Code § 11.67 Subd. 5., Wetland Sequencing and Replacement Requirements. 17. The wetland on the site shall have a Wetland Buffer in accordance with Eagan City Code § 11.67 Subd. 6 through Subd. 10. 18. Prior to issuance of the certificate of occupancy, the applicant shall complete a subdivision and platting of the property consistent with the Site Plan received April 29, 2008. 19. The parking lot shall be reconstructed and an additional row of parking shall be added on the north side of the parking lot adjacent to the pond to total 126 on-site parking stalls. 20. The trail shall be reconstructed north of the parking lot and extend to the new easterly site boundary. 21. The applicant shall remove the existing parking lot and lighting from the easterly parcel to be conveyed to BCBSM and restore the area with seed. Eagan City Council Meeting Minutes May 6, 2008 Page 7 22. Any increase in impervious surface from the existing conditions on the newly created westerly lot shall provide for water quality measures in accordance with the Water Quality Management Plan for volume reduction, phosphorus and sediment removal. Plans for how this is to be accomplished shall be submitted for review and approval by City staff prior to Final PD approval. 23. Revise and resubmit all development plans to reflect the modified Site Plan prior to Final PD approval. Councilmember Fields moved, Councilmember Carlson seconded a motion to continue to May 20, 2008 consideration of a Final Planned Development for a two-story medical/office building upon approximately 3.39 acres located south of Best Buy on Town Centre Drive, to allow time for water quality measures to be provided for due to the increased impervious surface on the newly created westerly lot. Aye: 4 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Final Plat to create one lot upon approximately 3.39 acres located south of Best Buy on Town Centre Drive, legally described as Lots 2 and 3, Block 1, Eagan Place 2"d Addition, in the NE 1/4 of Section 15. Aye: 4 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMITS AND VARIANCE City Administrator Hedges introduced this item regarding a request for a conditional use permit to allow a loading dock within 300 feet of residential property, a conditional use permit to allow a building greater than 25,000 square feet, and a variance to allow a change in hours of operation for property located at 1646 Diffley Road. City Planner Ridley gave a staff report. Mike Whalen, EFH Company, was present to answer any questions of the Council. Two area residents expressed their support for the proposed project. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow a loading dock within 300 feet of residential property located at 1646 Diffley Road legally described as Lot 4, Block 1, Diffley Plaza located in the NW 1/4 of Section 28, subject to the following conditions: Aye: 4 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 90 days of approval by the City Council, and proof of recording submitted to the City. 2. The Landscape Plan shall incorporate the approved April 2003 Berm Landscaping Plan and properly screen parking lot area and loading dock areas per City ordinance requirements. 3. Landscaping shall be provided, installed and maintained in accordance with the Landscape Plan dated April 5, 2008. Councilmember Tilley moved, Councilmember Fields seconded a motion to allow a building greater than 25,000 square feet for property located at 1646 Diffley Road legally described as Lot 4, Block 1, Diffley Plaza, located in the NW 1/4 of Section 28, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 90 days of approval by the City Council, and proof of recording submitted to the City. 2. Private easements allowing for sidewalk connection across Lot 3, Block 1, Diffley Plaza should be provided, in a form acceptable to the City Attorney, prior to issuance of a Certificate of Occupancy. 3. The applicant shall revise the Site Plan to provide building coverage and zoning information. 4. Building coverage shall not exceed 15% of lot coverage. 5. The applicant shall provide a revised Elevation Plan that identifies building material percentages and all facades treated equally as a front and those facades exceeding 40 feet having multiple planes. 6. The rooftop mechanical equipment must meet screening requirements per city Code. 7. The applicant should modify the Elevation Plan to incorporate a durable gate for the trash enclosure with at least 90% opacity per City Code Requirements. 8. The applicant shall provide a Lighting Plan with a maximum pole height of 15 feet, 18 feet with the base. Eagan City Council Meeting Minutes May 6, 2008 Page 8 9. The applicant shall provide evidence of the internal access easements, in a form acceptable to the City Attorney. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Variance to allow a change in hours of operation (5:30 a.m. to 12:00 a.m.) for property located at 1646 Diffley Road legally described as Lot 4, Block 1, Diffley Plaza, located in the NW 1/4 of Section 28, subject to the following conditions- Aye: 4 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. A building permit must be obtained prior to construction. PLANNED DEVELOPMENT AMENDMENT - EZ AIR PARK City Administrator Hedges noted that a request for continuance of this item had been received from the applicant. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue to the May 20, 2008 Council meeting, consideration of a Planned Development Amendment to allow phased improvements on a 14 acre property located at 2804 Lexington Avenue, legally described as Lot 7, Plainview Addition, an unplatted parcel and part of Lot 6, Eagandale Industrial Park No. 2, in the SW 1/4 of Section 2: Aye: 4 Nay: 0 CONDITIONAL USE PERMIT - CAFE CHILI PEPPERS City Administrator Hedges introduced this item regarding a request for a conditional use permit to allow on-sale liquor in conjunction with a Class I restaurant at 1282A Town Centre Drive. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to allow on-sale liquor in conjunction with a Class I restaurant at 1282A Town Centre Drive (Town Centre Shopping Center), legally described as Lot 2, Block 1, Town Centre 70 2nd Addition, in the NW 1/4 of Section 15, subject to the following conditions: Aye: 4 Nay: 0 1. The Conditional Use permit shall be recorded at the Dakota County Recorder's Office within 60 days of approval. 2. On-sale liquor sales shall comply and be operated in accordance with all relevant state laws and regulations. PLANNED DEVELOPMENT AMENDMENT - WHITE HOUSE CUSTOM COLOUR City Administrator Hedges introduced this item regarding a planned development amendment to allow an increase in the size of the office/warehouse/manufacturing building at 2840 Lone Oak Parkway. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to allow an increase in the size of the office/warehouse/manufacturing building at 2840 Lone Oak Parkway, legally described as Lot 1, Block 1, Waters Annex, subject to the following conditions: Aye: 4 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded wit the Dakota County Recorder's office, and proof of recording shall be provided to the City. Eagan City Council Meeting Minutes May 6, 2008 Page 9 2. This Amendment permits a building with a foot print containing 57,922 square feet; which has 64,447 square feet of office/manufacturing space, 10,892 square feet of storage space, and 20,609 square feet for underground parking, as shown on the approved Site Plan. 3. All mechanical equipment shall be screened from views from adjacent properties and streets according to City Code standards. 4. This Amendment is intended to supplement and amend the existing Final Planned Development Agreement. All other conditions in the Final PD Agreement remain in effect. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. The regular City Council meeting was recessed at 8:35 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 8:40 p.m. ADMINISTRATIVE AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the following: Aye: 4 Nay: 0 1. Hiring of one new Police Officer immediately 2. Promotion of an existing Police Officer to Sergeant on July 1, 2008. 3. Hiring of a full-time overnight custodian at the Eagan Community Center. 4. Hiring of a full-time overnight custodian at the Eagan Civic Arena. 5. Hiring of a full-time Payroll Specialist. Community Development Director Hohenstein provided an update regarding the USPS relocation. Councilmember Tilley moved, Councilmember Fields seconded a motion to direct staff to write a letter to the congressional delegation regarding the City's position on Post Office. VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Fields moved, Councilmember Carlson seconded a motion to adjourn the meeting at 9:05 p.m. Administrative Secretary / Deputy City Clerk 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.