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06/03/2008 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota June 3, 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, Bakken and Tilley. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, June 3, 2008 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Carlson, Fields, Bakken and Tilley. 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. AGENDA City Administrator Hedges noted that a closed session would not be necessary. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Mayor Maguire recognized Tom Steffes, Building Maintenance, for his dedicated service to the City. CONSENT AGENDA Bakken pulled item P for separate motion. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the May 20, 2008 regular City Council meeting as presented. B. Personnel Items 1. Approved the hiring of Nick Larson as a seasonal adapted recreation assistant. 2. Approved the hiring of Erica Friede as a seasonal park laborer. 3. Approved the hiring of Benjamin Anderson, Katherine Loher, Kimberlee Maczko, Abigail Maruish, Brenna O'Gorman, Megan O'Halloran, Claire Opsahl, Kevin Stevenson, Lindsey Van Domelen, Jocelyn Winter, Greg Bostrom, Molly Rodgers, Laura Farlee and Lauren Whitacre as part-time seasonal recreation leaders. 4. Approved the hiring of Kaylin Bertsch, Brittany Dyshaw, Meghan Galloway, Kassandra Giles, Elizabeth Glomski, Sarah Hannasch, Hillary Haynes, Katie Joyce, Carly Lash, Angela Moschera, Jordyn Michaud, Megan Mott, Michael Redig, Megan Schmeisser, Stephanie Sarne, Stephanie Schneider, Jessica Schmuck, Nick Schuetz, Sarah Unmacht, Julie Anderson, Mark Burkhardt, Laura Farlee, Michelle Finlon, Matt Mason, Brittany Patrias, Brad Walker and Murphy Smith as part-time seasonal recreation assistants. 5. Approved the hiring of Greg Bostrom and Michelle as part-time seasonal program assistants. 6. Approved the hiring of Tanya Beekman as a seasonal recreation intern. 7. Approved the hiring of Jackie Levondowski, Judy Forde and Amber Orr as part-time seasonal preschool teachers. 8. Approved the hiring of Michelle Collette, losif Sorokin and Nicole Fischer as part-time seasonal tennis instructors. 9. Approved the hiring of Brian Donahue, Jenni Harms, Anthony Lutovsky, Grant Ribar and Steven Schull as part-time seasonal tennis assistants. 10. Approved the hiring of Sarah Koenen, Nick Brannan, Megan Nistler, and Sarah All as a part- time seasonal lifeguards at Cascade Bay. 11. Approved the hiring of Mark Daniel and Benjamin Hubner as a part-time seasonal coordinators at Cascade Bay. Eagan City Council Meeting Minutes June 3, 2008 Page 2 12. Approved the hiring of Erika Melcher, Heidi Svien and Elizabeth Massie as part-time seasonal pool attendants at Cascade Bay. 13. To approve the hiring of Joseph Morrison as a part-time seasonal buildings/grounds attendant II at Cascade Bay. 14. To approve the hiring of Peggy Horan, Kristine Wietecha, Brittany Eng, Marcus Simpson and Joseph Deraney as a part-time seasonal guest services I at Cascade Bay. C. It was recommended to ratify the check registers dated May 15, 2008 and May 22, 2008 as presented. D. Removed from agenda. E. It was recommended to approve the solicitation of request for proposals (RFP) for legal services (General Legal, Prosecution, and Labor Services). F. It was recommended to approve a modification to the Consent Decree with the Metropolitan Airport Commission regarding the noise mitigation bid process and mitigation menu for single-family homes within the 2007 60-62 Contours. G. It was recommended to approve a resolution establishing Oak Ridge Elementary School, 4350 Johnny 08-26 Cake Ridge Road, as the new polling place for Precinct 18. H. It was recommended to approve Change Order No. 1 to Contract 08-03 (Citywide Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. 1. It was recommended to approve Change Order No. 1 to Contract 08-04 (Citywide Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. J. It was recommended to approve an Encroachment Agreement with Koch Pipeline Company for Contract 08-04 (Citywide Street Improvements) and authorize the Mayor and City Clerk to execute all relate documents. K. It was recommended to approve a resolution to prohibit parking on the east and west sides of Nichols 08-27 Road and restrict parking from 6 pm to 6 am on both the north and south sides to Cedarview Dr. and the east and west sides to Cedarvale Drive and authorize the Mayor and City Clerk to execute a related resolution. L. It was recommended to approve the Purchase Agreement between the City and Rahn Family Limited Partnership and Wensmann Realty for the potential acquisition of the 120 acre Carriage Hills property. M. It was recommended to approve the City's Financial Participation of $2,385 in stormwater improvements associated with the development of Grey Hawk. N. It was recommended to approve a one-year extension of the Preliminary Subdivision approval for Heritage of Highview, consisting of four single-family lots on approximately 1.7 acres on properties located at 1416 and 1420 Highview in the SE '/4 of Section 04. 0. It was recommended to approve a Final Subdivision (Clearview 4"' Addition) to create two single-family lots upon 0.72 acres of land located at 1820 Beecher Drive in the SE '/4 of Section 29. P. Pulled for separate motion. Q. It was recommended to approve an agreement with Dakota County for the temporary relocation of the Wescott Library to the Civic Arena west mezzanine. R. Item removed. S. It was recommended to accept a cash donation of $250 from Wayne and Gwen Olsen to plant a tree in Central Park. T. It was recommended to approve the 5-year Capital Improvement Plan for Public Works Infrastructure, Part III (2009-2013) and authorize the initiation of the public improvement process for the 2009 programmed improvements. U. It was recommended to direct the City Attorney to prepare a modification to the covenant restrictions for Excel Development's Hawthorne Ridge strip retail center located at 525 Diffley Road. V. It was recommended to approve the renewal of a Joint Powers Agreement with the State of Minnesota for connections to the CJDN. The sign agreement would be in effect until May 31, 2013. W. It was recommended to approve the plan and specifications for Contract 08-02 (Lone Oak Road - Lift Station Upgrade) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Tuesday, June 24, 2008, at the Eagan City Hall, located at 3830 Pilot Knob Road. Eagan City Council Meeting Minutes June 3, 2008 Page 3 Mayor Maguire moved, Councilmember Fields seconded a motion to award the bid for the build out of the Civic West Arena mezzanine to RJ Ryan Construction, Inc., pending final review of alternates. Aye: 4 Nay: 0 (Bakken abstained) PUBLIC HEARINGS NORTHEAST EAGAN REDEVELOPMENT DISTRICT RESOLUTION REGARDING THE MODIFICATION OF REDEVELOPMENT PLAN FOR THE NORTHEAST EAGAN PROJECT AREA, THE EXPANSION OF DEVELOPMENT DISTRICT #2 AND THE ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 2-5. Community Development Director Hohenstein discussed the modification of the redevelopment plan for the Northeast Eagan Project Area, the expansion of development District #2 and the establishment of Tax Increment Financing District No. 2-5. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Bakken seconded a motion to close the public hearing and approve a Resolution Adopting a Development Program for Northeast Eagan Development District No. 2, Establishing Tax increment Financing District No. 2-5 therein and Adopting a Tax Increment Financing Plan for the District. Aye: 5 Nay: 0 NEW BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING AND PRELIMINARY PLANNED DEVELOPMENT (CARRIAGE HILLS) - WENSMANN REALTY, INC. Mayor Maguire provided background information regarding a recently accepted Contingent Settlement Agreement, (Carriage Hills property), which established a framework for expedited consideration of a concept site plan, which would lead to Council approval, and resolution of the dispute and lawsuit. City Administrator Hedges introduced the proposed Comprehensive Guide Plan Amendment, Rezoning and Preliminary Planned Development. City Planner Ridley gave a staff report in regard to the proposed development of the property. Terry Wensmann made a presentation regarding the proposed development. City Attorney Dougherty explained the actions that should be taken in regard to the proposed development, along with conditions that will apply. Mayor Maguire opened the floor for public comment. Ten residents expressed concern regarding the following: • The demand/need for the type of housing that is proposed • The proposed density of the project • The number of foreclosures that are occurring in Dakota County and fear that there is no market for more new development • Proposed traffic flow through the adjacent neighborhood, construction noise, traffic, etc. • Requests for additional buffering between the new development and existing neighborhood • Cost and responsibility of the infrastructure of the new development • Tree preservation • Concern regarding the proposed street access to the development • Traffic at Wescott Woodlands and Yankee Doodle Road Staff, along with Mr. Wensmann responded to the questions and concerns of the residents. Eagan City Council Meeting Minutes June 3, 2008 Page 4 Mayor Maguire turned discussion back to the Council. Councilmembers held a lengthy discussion regarding access onto Wescott Woodlands and Yankee Doodle Road; private streets vs. public streets, buffering of the adjacent properties to the south; screening on the northwest corner; the use of flagmen at the construction entrances during the school year. Councilmember Tilley moved, Councilmember Fields seconded a motion to direct staff to submit the Comprehensive Guide Plan Amendment to change the land use designation from P (Parks and Recreational Open Space), to SA (Special Area), of approximately 120 acres located south of Yankee Doodle Road and west of Wescott Woodlands in the W '/2 of Section 14 to the Metropolitan Council for their review. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Rezoning from P (Park) to PD (Planned Development) upon 120 acres located south of Yankee Doodle Road and west of Wescott Woodlands in the W '/2 of Section 14. (Contingent upon the Metropolitan Council's acceptance of the Comprehensive Guide Plan Amendment). Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Preliminary Planned Development for a mixed residential development, upon 120 acres located south of Yankee Doodle Road and west of Wescott Woodlands in the W '/2 of Section 14, subject to the following conditions. (Contingent upon the Metropolitan Council's acceptance of the Comprehensive Guide Plan Amendment). Aye: 5 Nay: 0 General 1. This Preliminary Planned Development is contingent upon Metropolitan Council approval of the Comprehensive Guide Plan Amendment 2. The property shall be subdivided and platted prior to final Planned Development approval. 3. The developer shall execute a Preliminary Planned Development Agreement which includes the following plans (Exhibit 2): • Site Plan • Building Elevations • Site Lighting Plan • Landscaping Plan • Signage Plan • Off Street Parking Plan • Open Space and Maintenance Plan • Utility Plans (water, sewer and storm) 4. A Final Planned Development Agreement shall be executed for each phase of the development prior to issuance of a building permit for the phase. The following plans are necessary for each Final Planned Development Agreement: • Final Site Plan • Final Building Elevations • Final Site Lighting Plan • Final Landscaping Plan • Final Signage Plan • Final Off Street Parking Plan • Open Space and Maintenance Plan • Utility Plans (water, sewer and storm) 5. An Environmental Assessment Worksheet shall be completed prior to Preliminary Subdivision or grading of the Property. 6. The developer shall submit Homeowner Association documents to the City Attorney for review and approval, prior to Final Subdivision approval, including transfer of all common area to the Homeowner Association and the maintenance of private streets to a standard similar to a public street. Airport Noise Eagan City Council Meeting Minutes June 3, 2008 Page 5 7. Sound attenuation construction standards sufficient to achieve an interior sound level of 45 dBA shall be employed for buildings within the one-mile buffer area of the 60 dB contour. Lots 8. All lots shall have a minimum street frontage of 50 feet. 9. Single-family lots shall satisfy minimum R-1 zoning standards for lot dimensions and area. 10. Twinhome lots shall satisfy R-2 zoning standards for lot dimensions and area. 11. The detached townhomes shall provide lots that are a minimum of 60' in width with a minimum lot area of 6,000 sq. ft. per unit. Setbacks and Bulk Standards 12. Structure setbacks shall be consistent with those outlined in the City's zoning Ordinance for the corresponding type of housing as follows: Single-family (R-1 district), Twinhomes (R-2 District), Townhomes (R-3 District) and Senior and Multiple Family (R-4 District). Detached Townhomes shall be consistent with the following standards: Setback Detached Townhomes Front yard public street 30 feet 40 feet (Duckwood Dr.) Front yard (private street - from 25 feet (through street) curb) 20 feet (dead-end street) Side yard: Principal Structure 10 feet Side yard: Garage/Accessory 5 feet Structure Rear yard: Principal Structure 15 feet Rear yard: Accessory Structure 5 feet 13. Minimum structure setbacks from Duckwood Drive shall be 40 feet. 14. Building coverage shall not exceed 20% for each single-family or twinhome lot, and 25% for each of the detached townhome units. 15. Building coverage for the townhomes and multiple family buildings shall not exceed 20%. 16. Building heights shall not exceed 35 feet. Multiple family structures may exceed 35 feet if the required additional setbacks are provided in accordance with the R-4 zoning district standards (an additional 3' for each 1' of building height over 35'). Parking 17. The Final Planned Development shall provide for off-street parking in amounts that are consistent with the City's zoning ordinance. Additional off-street visitor parking shall be provided in the multiple family and townhome portions of the development. 18. Parking lot and pavement setbacks shall be a minimum of 20 feet from a public right-of-way to provide sufficient room for berming, screening, buffering and snow storage. Architectural Controls 19. Building elevation plans shall be provided with the Final Planned Development for each phase of the development. Such plans shall include specific architectural controls (i.e. design elements, building materials, etc.) that are consistent with the City's zoning ordinance, where applicable. Other Standards 20. This development shall comply with the provisions outlined in Section 11.70, Subdivision 21 of the City Code pertaining to site lighting, trash storage, walkways, interior storage space, etc. Detailed plans identified in Condition 4 demonstrating compliance shall be provided at the time of Final Planned Development. Landscaping 21. A detailed Landscape Plan, consistent with the design standards and specifications in the City's landscape ordinance (Section 11.70, Subdivision 12) shall be provided with the Preliminary Subdivision and Final Planned Development. 22. Consistent landscape design elements shall be incorporated throughout the site to provide visual connections between the various parts of this planned development. 23. Berming and landscaping shall be provided along Yankee Doodle Road to provide a buffer between the multiple family buildings and this principal arterial. Eagan City Council Meeting Minutes June 3, 2008 Page 6 23A. The Landscape Plan shall address screening/buffering between the private drive on the south side of the development and adjacent backyards and between the private drive on the north end of the west side of the development and the Carriage Hills condominium and shall include berms and plantings as necessary. Grading 24. Prior to final subdivision approval, detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes. 25. Prior to any grading of the Property, erosion control measures shall be installed and maintained in accordance with City code, City engineering standards, and MN Pollution Control permit regulations. 26. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has current University of Minnesota Erosion/ Sediment Control Design training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 27. All personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/ Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 27A. The use of flagmen will be reviewed when the Development Agreement is prepared, and their use will be implemented by the Developer as determined to be necessary by the City. Storm Water Drainage 28. Storm water management systems for this development shall be constructed in accordance with the City Storm Water Management Plan (Dec. 2005), the City Water Quality Plan, and City engineering standards. Wetlands 29. In accordance with Eagan City Code § 11.67 Subd. 4. B., the applicant shall have all wetlands fully or partially located on the site delineated by a Certified Wetland Delineator utilizing approved methods as stated in Minn. Rules Ch. 8420 and shall have all existing wetlands assessed utilizing the Minnesota Routine Assessment Method (Version 3.0 or later version). The delineation shall be completed prior to Preliminary Subdivision. 30. Any and all wetland delineations shall be conducted during the growing season (i.e., typically between April 15 and October 15) and shall be submitted to the City for review and approval. 31. Any proposals to impact any of the wetlands 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 and Eagan City Code §11.67 Subd. 11., Wetland Submittal Requirements. 32. All of the wetlands on the site shall have Wetland Buffers in accordance with Eagan City Code §11.67 Subd. 6. 33. All of the Wetland Buffers on the site shall satisfy Wetland Buffer Vegetative Requirements in accordance with Eagan City Code § 11.67 Subd. 7. 34. All of the Wetland Buffers on the site shall be protected in accordance with Eagan City Code § 11.67 Subd. 8. 35. All of the Wetland Buffers on the site shall have markers in accordance with Eagan City Code §11.67 Subd. 9. 36. The development of the site shall have wetland setbacks in accordance with Eagan City Code § 11.67 Subd. 10. 37. This development may be subject to cash dedications in lieu of the above wetland requirements, at the City's discretion. Water Quali ty 38. There shall be no-net increase, compared to existing conditions, in the amount of Total Phosphorus (TP) and Total Suspended Solids (TSS) leaving the site or 50 percent TP and 80 percent TSS must be removed from stormwater runoff, whichever is more restrictive. 39. The first one-half inch of stormwater runoff from any rainfall event shall be infiltrated or retained entirely on the site. 40. This development may be subject to cash dedications in lieu of the above water quality requirements, at the City's discretion. Tree Preservation 41. In accordance with the City's Tree Preservation Ordinance, Eagan City Code Section 11.10, Subd. 15.1, the applicant shall prepare and submit a Tree Preservation Plan with the Preliminary Subdivision application that: a. identifies all significant vegetation located on the application site, b. delineates limits of land disturbance and tallies significant vegetation proposed to removed, C. provides for any required tree mitigation, and d. indicates measures to protect significant vegetation intended to be preserved. Eagan City Council Meeting Minutes June 3, 2008 Page 7 42. In order to utilize a "floating number" system pertaining to the final number of mitigation trees required. Complete fulfillment of all required mitigation to be installed prior to final project completion. 43. The applicant shall continue to work with city staff to identify additional opportunities for preservation during the development and construction process. 44. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be required 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. 45. 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. Streets/ Access/ Circulation 46. This development shall be required to obtain a County access permit at time of final subdivision. Restricted access should be provided along the entire development adjacent to Yankee Doodle Road, except in the area of a possible right-in/ right-out access location. 47. All streets within the development, public or private, if any, shall be constructed in accordance with City code, with vehicle turnarounds to City and fire code requirements. 48. Continuous trails or sidewalks shall be provided between proposed Duckwood Drive and Yankee Doodle Road, to increase pedestrian circulation and connectivity. 49. All trails and sidewalks within the development shall be constructed in accordance with City engineering standards for width, structural dimension, and right-of-way dedication. 50. Direct driveway access to Duckwood Drive shall be prohibited. 50A. Traffic calming devices shall be implemented on Duckwood Drive with respect to the area between the full intersection on Duckwood Drive located within the development and the Duckwood Drive connection to Wescott Woodlands as determined by the City. Sanitary Sewer 51. A sanitary sewer system to serve the development shall be constructed in accordance with the City Comprehensive Sanitary Sewer Plan, and City engineering standards. 52. If sanitary sewer lift stations are required to utilize the capacity of all trunk sanitary sewer districts, to adequately serve the development, the stations shall be installed at the developer's expense. 53. This development should be responsible for the removal of all septic systems and wells, in accordance with City and County requirements. Water Main 54. Lateral water mains to serve the development for fire and domestic uses shall be constructed in accordance with the City Water Supply & Distribution Plan, and City engineering standards. Easement/Permits/Rights-of-Way 55. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage requirements. 56. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 57. If any improvements are to be installed under a City contract, the appropriate project shall be approved by Council action prior to final plat approval.57. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. 58. The development shall dedicate conservation easements to the City, in a form acceptable to the City Attorney, over those portions of the site that comprise the 30 acres of open space. These areas shall be shown and identified as Conservation Easement Area on the Final Site Plan prior to Final Planned Development approval. Financial Obligation 59. This development shall accept its additional financial obligations as defined below in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. Eagan City Council Meeting Minutes June 3, 2008 Page 8 Improvement Use Rate Quantity Amount Sanitary Sewer Lateral R1-4 $29.50/ f. f. 2,590 f. f. $52,540(') Water Lateral R1-4 $29.80/ f. f. 2,390 f. f. $71,222 Water Lateral R2-4 $37.52/ f. f. 4,980 f. f. $182,391(2) Total Per Storm Sewer Lateral R1-4 $35.95/ f. f. 2,590 f. f. $83,625(3) Storm Sewer Trunk RI $0.11/ sf 762,300 sf<4) $83,853 Storm Sewer Trunk R2-4 $0.142/ sf 2,482,920 sf<s) $352,575 Agreement - $76,405 (2008 Fee Schedule) - $23,865 levied assessment (2) Per Agreement - $186,850 (2008 Fee Schedule) - $4,459 levied assessment (3) Per Agreement - $93,110(2008 Fee Schedule) - $9,485 levied assessment (4) 32.5 acres - 15 acres conservation easement (estimated) = 17.5 acres = 762,300 sf (5) 72 acres - 15 acres conservation easement (estimated) = 57 acres = 2,482,920 sf Parks and Trails 60. The development shall provide connections to the existing off-site Eagan trail system and access points at the perimeter of the development to primary off-site amenities. Connections points include the east and west end of Duckwood and Wescott Hills Drive to Yankee Doodle. Off-site amenities include Mueller Farm Park, O'Leary Park and Woodland Elementary School. 61. A looping trail shall be installed through the open space with multiple points of access for residents and the public, possibly including benches and other furnishings, ownership and maintenance to be determined. 62. Trail dedication shall be satisfied through a combination of on-site trails, exclusive of sidewalks, and/or a cash payment consistent with the Eagan fee schedule, to be paid at the time of final plat at the rates then in effect. 63. This development shall provide a maintenance plan, in a form acceptable to the City Attorney, for the open space that includes regular eradication of invasive and non-native species, enhancement of planted areas as appropriate, and routine maintenance including trash removal. 64. This development shall install "tot-lots" that include play structures in those areas with high concentrations of multi-family units. Such tot lots shall be maintained by the Homeowner's Association. 65. This development shall provide useable turf space in those areas with high concentrations of multi-family units, sufficient to allow for informal outdoor play. Such areas shall be maintained by the Homeowner's Association PLANNED DEVELOPMENT AMENDMENT - BUFFALO WILD WINGS City Administrator Hedges introduced this item regarding a Planned Development Amendment for exterior modifications to the building at 1280 Promenade Place. The site will be the future home of Buffalo Wild Wings. City Planner Ridley gave a staff report. Matt Brokl, Buffalo Wild Wings, commented on the company's excitement about entering the Eagan market, provided background information on the company and stated the Grand Opening would be later this month. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment for exterior modifications to the building at 1280 Promenade Place, legally described as Lot 5, Block 2, Eagan Promenade, in the SE'/4 of Section 10,subject to the following conditions: Aye: 5 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office, and proof of recording shall be provided to the City. The following exhibits are required for the PD Amendment Agreement. • Building Elevations • Signage Plan 2. Screening of mechanical units shall comply with the City's mechanical screening ordinance and screening of individual units may be require if necessary to achieve compliance. PLANNED DEVELOPMENT AMENDMENT - EL PARIAN Eagan City Council Meeting Minutes June 3, 2008 Page 9 City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow on-sale liquor in conjunction with a Class I restaurant at 1960 Cliff Road #117. The site will be the future home of El Parian Mexican Restaurant. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to allow on-sale liquor in conjunction with a Class I restaurant at 1960 Cliff Road #117 (Cliff Lake Shopping Centre), legally described as Lot 2, Block 1, Cliff Lake Centre 3~d Addition, subject to the following conditions: Aye: 5 Nay: 0 1. The Planned Development Amendment shall be recorded at the Dakota County Recorder's Office within 60 days of City Council approval. 2. On-sale liquor sales shall comply and be operated in accordance with all relevant state laws and regulations. ON-SALE LIQUOR AND SUNDAY LICENSE FOR EL PARIAN MEXICAN RESTAURANT, INC. DBA EL PARIAN MEXICAN RESTAURANT LOCATED AT 1960 CLIFF LAKE ROAD, #117 City Administrator Hedges noted that this item is in conjunction with the previously approved Planned Development Amendment for El Parian Mexican Restaurant. Restaurant owner Aldo Escoto introduced himself and commented that the restaurant is presently open. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the on-sale liquor and Sunday license for El Parian Mexican Restaurant, Inc. dba El Parian Mexican Restaurant located at 1960 Cliff Lake Road, #117. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT - SLAWIK PROPERTIES City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow on-sale wine in conjunction with a Class I restaurant at 1565 Cliff Road (Thomas Lake Shopping Centre). City Planner Ridley gave a staff report. Property owner Brian Slawik introduced himself and restaurant operators Crystal and Frederick Klein. Mr. Klein stated they hope to open the restaurant in mid-August. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to allow on-sale wine in conjunction with a Class I restaurant at 1565 Cliff Road, legally described as Lot 1, Block 1, Thomas Lake, subject to the following conditions: Aye: 5 Nay: 0 1. The Planned Development Amendment shall be recorded at the Dakota County Recorder's Office within 60 days of City Council approval. 2. On-sale wine sales shall comply and be operated in accordance with all relevant state laws and regulations. ON-SALE WINE AND SUNDAY WINE FOR DE'LICES DE FRANCE BAKERY, LLC, DBA PARDON MY FRENCH, 1565 CLIFF ROAD, SUITE 1 City Administrator Hedges noted that this item is in conjunction with the previously approved Planned Development Amendment. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the On-Sale Wine and Sunday license for De'Lices De France Bakery, LLC, dba Pardon My French, 1565 Cliff Road, Suite 1. Aye: 5 Nay: 0 ORDINANCE AMENDMENT - CHAPTER 6 ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" Eagan City Council Meeting Minutes June 3, 2008 Page 10 City Administrator Hedges discussed a proposed ordinance amendment to Chapter 6 in regard to solicitation regulations. Chief of Police McDonald discussed the need for background investigations on applicants and described the types of complaints that the Police Department and Administration staff receive from citizens in regard to door-to-door solicitors. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an amendment to Chapter 6 of the Eagan City Code entitled "Other Business Regulations and Licensing" by amending Section 6.36 regarding solicitation regulations; and by adopting by reference Eagan City Code Chapter 1 and Section 6.99. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. The regular City Council meeting was recessed at 10:15 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 10:20 p.m. ADMINISTRATIVE AGENDA Community Development Director Hohenstein discussed a joint letter from Dakota County and the City of Eagan to the Congressional Delegation regarding the relocation of the USPS Sorting Facility from St. Paul to Eagan. Councilmember Fields moved, Councilmember Tilley seconded a motion to authorize the submittal of a joint City- County letter to the Congressional delegation requesting their support of the City-County position regarding the need for the USPS to address local needs and standards. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Tilley moved, Councilmember Carlson seconded a motion to adjourn the meeting at 10:25 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.