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07/02/2002 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 2, 2002 A regular meeting of the Eagan City Council was held on Tuesday, July 2, 2002 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Bakken, Carlson, Fields and Tilley. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty and Assistant to the City Administrator Dianne Lord. AGENDA Consent Agenda items G and I were pulled for discussion. Item S was added to the Consent Agenda. An Administrative Agenda Item was added to the Consent Agenda as item T. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the June 18, 2002 regular City Council meeting. B. Personnel Items. 1. It was recommended to approve the hiring of Peter McIlhon and Jason Wheeler as seasonal park maintenance workers. 2. It was recommended to accept the resignation of Kathy Bartel, Dispatch Supervisor. C. Check Registers. It was recommended to ratify the check registers dated June 20, 2002 and June 27, 2002 as presented. D. Tree Contractor Licenses. It was recommended to approve new Tree Contractor Licenses for Sherwood Rohde Tree, 1495 Burlington Road, Two Harbors, MN, and Sherwood Tree, 12195 Upper th 167 Street, Lakeville, MN. E. Off-Sale Liquor License. It was recommended to approve the off-sale liquor license for Comers Liquors Limited, 3090 Courthouse Lane. F. Massage Therapy Establishment License Renewals. It was recommended to approve 2002/2003 Massage Therapy Establishment License renewals for Neuromuscular Connection, 4580 Scott Trail, Eagan, MN; and Southwest YMCA, 550 Opperman Road, Eagan, MN. G. Pulled for discussion. H. Right of Way Vacation. It was recommended to receive the petition to vacate public right-of-way and schedule a public hearing to be held on August 6, 2002. I. Pulled or discussion. J. Right of Way Vacation. It was recommended to receive the petition to vacate public right-of-way and schedule a public hearing to be held on August 6, 2002. K. Ordinance Amendment. It was recommended to direct the City Attorney?s office to prepare a Zoning Ordinance Amendment to Chapter 11 concerning the addition of on-sale liquor as a conditional use in the Business Park (BP) zoning district., L. Ordinance Amendment. It was recommended to direct the City Attorney?s Office to prepare an ordinance amendment regarding employment background checks. M. Wavier of Subdivision. It was recommended to continue the Waiver of Subdivision for a duplex lot th split located at 1327 & 1329 Easter Lane, legally described as Lot 8, Block 5, Wilderness Run 5 Addition, in the NW ¼ of Section 27. N. Cedar Grove Redevelopment Area Draft AUAR. It was recommended to approve the Draft AUAR for the Cedar Grove Redevelopment Area to be distributed per MN State Statute. O. Project 751R. It was recommended to approve an Easement Agreement for Project 751R (Dodd Road, Cliff Road to Butwin Road ? Street, Utility and Trail Improvements) with Dakota County for Parcel 10-03600-010-54 (Lebanon Hills Regional Park) and authorize the Mayor and City Clerk to execute all related documents. P. Cedarvale Boulevard No Parking. It was recommended to approve a resolution to prohibit parking on 02-49 Cedarvale Boulevard between Silver Bell Road and Nicols Road and authorize the Mayor and City Clerk to execute all related documents. Eagan City Council Meeting Minutes July 2, 2002 Page 2 Q. Contractual Agreement with Metropolitan Airports Commission. It was recommended to approve the contract between the Metropolitan Airports Commission (M.A.C.) and the City of Eagan to allow Eagan Police Officers to work at airport checkpoints. R. Project 01-N, Manley Addition. It was recommended to authorize the time extension of the development agreement for Project 01-N (Manley Addition ? Street and Utility Improvements) to October 15, 2002. S. Expense. It was recommended to approve an expense imposed by the Metropolitan Council for the production of documents relating to the Southern Minnesota Regional Legal Services and other groups. T. Exemption from Lawful Gambling License. It was recommended to approve an Exemption from 02-50 Lawful Gambling License for Eagan High School Cheer Team to hold a raffle on July 4, 2002 at the th Eagan 4 of July Fun Fest at Skyhill Park. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 Item G. National Night Out. City Administrator Hedges reminded the audience of National Night Out and invited neighborhoods to participate. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the proclamation 02-51 observing August 6, 2002 as National Night Out. Ayes: 5 Nay: 0 Item I. Contract 01-05. Councilmember Bakken moved, Councilmember Tilley seconded a motion to receive bids for Contract 01- 05 (Cedar Grove Access Modifications), award the contract to S.M. Hentges & Sons, Inc., for the base bid in the amount of $2,900,056.41 without Alternative #2, and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 OLD BUSINESS ORDINANCE AMENDMENT (SIGN CODE) CITY OF EAGAN City Administrator Hedges discussed this item regarding an Amendment to Chapter 4.20 of the City Code which relates to placement, erection, and maintenance of signs. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve an Amendment to Chapter 4.20 (Placement, erection, maintenance of signs) of the City Code addressing the definition of governmental signs. Aye: 5 Nay: 0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT ? CORNERSTONE CONSTRUCTION City Administrator Hedges introduced this item regarding a Planned Development Amendment to amend the permitted use of Lot 3, Block 2, Knob Hill Professional Park, from a one-story building to a two-story building. Senior Planner Ridley gave a staff report. Eric Rhiners of Architectural Unlimited presented the modifications made to the site plan. Eight residents spoke expressing both opposition and support for the proposed project. Concerns expressed included the following: Conformity to the zoning ordinance, size of the proposed building, aesthetics, and parking. The City Council discussed zoning and use of the property. Councilmember Carlson stated she felt that property should be kept at the planned development zoning level and the building should only be one story. Eagan City Council Meeting Minutes July 2, 2002 Page 3 Councilmember Tilley expressed concern regarding on-street parking, especially given that no sidewalk exists. Councilmember Fields stated she prefers a one-story building . Mayor Awada agreed that a one-story building would be more appropriate due to the residential area. Mayor Awada encouraged the applicant to come back with a one-story plan. Councilmember Carlson moved, Councilmember Fields seconded a motion to direct the City Attorney to draft Findings of Fact for Denial of a Planned Development Amendment to amend the permitted use of Lot 3, Block 2, Knob Hill Professional Park, from a one-story building to a two-story building, located between Knob Drive and Pilot Knob Road, north of Diffley Road in the SE ¼ of Section 16. Aye: 4 Nay: 0 (Bakken abstained) PLANNED DEVELOPMENT AMENDMENT AND FINAL PLANNED DEVELOPMENT LOT 1, BLOCK 1 HONEY TREE FIRST ADDITION City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow five one story office buildings on Lot 1, Block 1, Honey Tree First Addition, located at 4490 Erin Drive. Senior Planner Ridley gave a staff report. The Council discussed the proposal and on site parking. Mayor Awada requested 10-foot parking standards as opposed to 9.5 foot. Council discussed deviation from 10-ft parking requirement and the need for two trash enclosures. Applicant, Farid Sabongi, presented his site plan to the Council. He stated he prefers only one trash enclosure due to it being dumped daily. He further stated that he had reduced the building size to allow for additional parking. Council further discussed trash enclosure and parking. Councilmember Carlson asked that a condition be added that if a second trash enclosure is needed in the future, City has right to make that request. Senior Planner Ridley highlighted condition number 10 from the draft Advisory Planning Commission minutes that requires the developer to locate a second trash enclosure or relocate the single enclosure to a more central area. Councilmembers agreed with that condition and that parking stalls must be 10-foot width in new parking area. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow five one story office buildings on Lot 1, Block 1, Honey Tree First Addition, located at 4490 Erin Drive in the SW ¼ of Section 30, subject to the following conditions: Aye: 5 Nay: 0 1. This Amendment to the Preliminary Planned Development changes the use on Lot 1, Block 1, Honey st Tree 1 Addition to an office use with five single-story buildings having a total of 21,400 square feet of office space. 2. The applicant and/or developer shall enter into a Preliminary Planned Development Agreement with the City. The following exhibits are required for the Preliminary PD Agreement: ? Preliminary PD Agreement ? Preliminary Site/Signage Plan ? Preliminary Building Elevations ? Preliminary Landscape Plan ? Preliminary Site Lighting Plan 3. A Final Planned Development Agreement shall be executed prior to Final Planned Development approval. The following exhibits are necessary for the Final PD Agreement: ? Final Site Plan ? Final Building Elevations ? Final Signage Plans ? Final Landscape Plan ? Final Lighting Plan Eagan City Council Meeting Minutes July 2, 2002 Page 4 4. Minimum required setbacks are 30 feet from Erin Drive 20 feet. Parking setbacks of 20 feet are required from Erin Drive. 5. The applicant should provide evidence of the private reciprocal parking agreements for review by the City Attorney prior to Final Planned Development approval. 6. The buildings shall be constructed of design and materials consistent with the Building Elevation plans dated May 15, 2002. Final building materials and colors should be included with the application for Final Planned Development. 7. The landscape plan should be revised to add additional plant materials and greater variety in species, based on the suggestions in the staff report. 8. Detailed signage plans should be submitted with the application for Final Planned Development. All signage should be submitted with the application for Final Planned Development. All signage should be subject to City Sign Code requirements. 9. Site lighting must be directed downward with no tilt, and shielded so that the source of light is not visible from off the property. 10. A trash enclosure shall be constructed on-site according to City Code standards. The trash enclosure shall be located or a second enclosure added to the site plan to provide convenient and accessible trash storage for occupants of all buildings. 11. Parking stalls shall be ten foot in width. PRELIMINARY SUBDIVISION ? ANCHOR II (ANCHOR BANK)? City Administrator Hedges stated that the applicant is requesting action on the Preliminary Subdivision be continued indefinitely to allow time to evaluate alternative designs. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue action indefinitely on the Preliminary Subdivision, Anchor II. Aye: 5 Nay: 0 ORDINANCE AMENDMENT ? CITY OF EAGAN City Administrator Hedges introduced this item regarding a Zoning Ordinance Amendment to Chapter 11 concerning garage sales. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Zoning Ordinance Amendment to Chapter 11 concerning garage sales. Aye: 5 Nay: 0 CONTRACT 02-17, CENTRAL PARKWAY & CEDAR GROVE AREA STREETSCAPING IMPROVEMENTS City Administrator Hedges introduced this item regarding the Central Parkway and Cedar Grove area streetscaping improvements. Pubic Works Director Colbert gave a staff report, including the Council?s subcommittee recommendations. Councilmember Fields asked that a color pallet come back to subcommittee via the Informative prior to Council approval. Councilmember Bakken moved, Councilmember Fields seconded a motion to use the acorn lights in the streetscaping improvements. Ayes: 4 Nay: 0 (Carlson absent) Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the plans for Contract 02-17 (Central Parkway and Cedar Grove Area Streetscaping and Lighting Improvements?using acorn style lighting) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, August 1, 2002. Aye: 5 Nay: 0 ADJOURNMENT The meeting adjourned at 7:50 p.m. into an Executive Session to consider labor negotiations. Eagan City Council Meeting Minutes July 2, 2002 Page 5 VISITORS TO BE HEARD No visitors to be heard. _____________________________ ___________________________________ Date Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 681-4600, (TDD phone: (651) 454-8535). 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.