[4:59] Mayor: Sorry. Pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation under GOD, indivisible, with liberty [5:19] Mayor: and justice for all. I want to welcome everybody to the OCTOBER 6th regular meeting of the Eagan City Council. It s our first regular meeting of [5:31] the month of OCTOBER. Um, and I d like to take a moment. Uh, before we started on our agenda, uh, to recognize the loss of a truly remarkable Eagan resident this past [5:45] weekend. Uh, Linda Klein, Linda was not only dedicated parks and Recreation commissioner, she was a phenomenal artist, an advocate for the arts. A beloved member of our community. And one of the genuinely sweetest and kindest persons you d ever meet. Linda was a true champion for the arts in Eagan. She believed deeply in the power of creativity to bring people together, and she worked tirelessly to expand public art. She was a huge advocate of the Eagan art house, and I m so glad that she was able to enjoy that space before she passed. When I think of Linda, I think of Joel, her husband of 58 years and her [6:32] Mayor: volunteer partner. I think of her watercolor paintings of the barn and the chickens at Holt s farm. I see her in throwback clothes, churning butter at the annual holiday gathering at the farm. Linda s commitment as a Parks and recreation commissioner went far beyond attending meetings. She invested her time, her energy and her heart into making Eagan better. We re grateful for all Linda gave to our community. [7:08] Mayor: Her passion for the arts. Her legacy of service will continue, and it will inspire our community next week when we meet with the Parks and Recreation Advisory Committee, there ll be a chair where Linda should be, but she ll be there with us. She ll be on our minds and she ll be in our hearts tonight. Our thoughts and our prayers are with Joel and with Linda s entire family. And we want to take just a moment, if we can, to reflect on Linda and her contributions to our community and to send power and strength and peace to Joel and to the rest of the family. So please bow your heads and take [8:01] Mayor: a moment. Thank you. And Joel, thank you for being here. Um, our best to you. And, uh, and I know Joel is busy, uh, making final arrangements. Uh, and, uh, uh, in due time. Um, uh, those will be, um, announced, and, uh, we ll look forward to that. Thank you. Joel. I appreciate that. Uh, with that, uh, we have some, uh, potentially less important business to do tonight. Um, but we do have, uh, city council work to attend to. Um, we have a fairly substantive looking agenda, but it is, uh, uh, streamlined and designed for speed and efficiency. So hopefully we ll be able to get through these matters, uh, fairly quickly tonight and [8:47] Mayor: have, uh, folks on their way. Um, MISS Miller, are there any changes? The agenda? No, MR. Mayor. Uh, Council, any changes to the agenda? Motion? Uh, Councilmember Hanson, for a motion. To adopt the agenda is presented second. That is moved and seconded. Any further discussion on the agenda? Seeing none. Uh, all in favor of the agenda? Signify by saying aye. Aye. And opposed? [9:06] Mayor: Nay. That motion carries, and we have an agenda. Uh, we have no recognitions and presentations tonight, so I ll go right to our consent agenda. Uh, is there any member of the public who is here for an item that appears in the consent agenda? Uh, and wanted to have that pulled for a separate action or had a question on the item? Uh, seeing none. I ll bring it back to the council. [9:26] Mayor: Same question. For a. Motion, Councilmember bacon. Move to approve the balance of the consent agenda. Second. That s moved and seconded. Uh, is there an additional comment on the consent agenda? Seeing none. All in favor is missing a and opposed. Nay. That motion carries. Uh, we ll move to, uh, public hearings tonight. Uh, we have six public hearings scheduled tonight. Um, but we re only going to have two discussions. So, uh, the first item under public hearings is a certification of delinquent lodging. Lodging and tax bills. [9:57] Mayor: Uh, and then after that, we re going to Group five final assessment hearings, uh, together and wrap them up into one conversation. So with that, I ll go to item a and the certification of delinquent lodging tax bills. Uh, and, MISS Miller, I ll hand that off to you. Thank you, MR. Mayor. Members of the council. Uh, per city code, operators of motels and hotels in the community have an obligation to collect a tax of 3% on their lodging receipts. [10:20] And that s for the purpose of funding the local convention and visitors bureau. Um, two hotels in our community are delinquent in their payments. Budget post Inn and the Country Inn and Suites. Uh, for awareness, both city staff and convention and visitors Bureau staff have reached out to both of these hotels, as well as a letter from legal counsel has been sent to both back this summer. Uh, at the SEPTEMBER 1st council meeting, a public hearing was scheduled for this evening. All notices have been published in the legal newspaper, and additional letters were sent to all affected property owners informing them of the hearing tonight, as well as the proposed assessments. Uh, Finance Director Feldman is in the audience. If you have any questions. Otherwise, I will turn it back to you. MR. Mayor. [10:59] Mayor: Uh. Council, any questions of staff before we open up to the public? Okay. Well, I m sure it s teeming to respond. Uh, any members of the public want to comment on the, uh, certification of delinquent lodging tax bills? Seeing none, I ll bring it back to the council for additional conversation and or motions. [11:18] Mayor: For motion. Councilmember fields. To close the public hearing and approve the final assessment roll for delinquent lodging tax bills and authorize its certification to Dakota County for collections with property taxes. Second. That s moved and seconded. Is there any additional conversation? No. Seeing none. All in favor, say aye. And opposed? Nay. That motion carries. Uh, and we have certified the delinquent lodging tax bills. Uh, with that, I m going to move on to the aforementioned five. Um, final assessment, uh, hearings. [11:47] Mayor: Those are our final assessment hearings for project 1628, [11:55] 1632, 1634, 1635 and 1639. Uh, just by a show of hands. How many people are here on this item, on any one of those items tonight? Uh, and anticipate wanting to comment. Okay. Uh, just so that we know, um, we re going to deal with each of those five, um, at the same time. Um, but then when I open for public comments, if you do want to make public comments, if you ll just indicate which project number you re here specifically on for. Um, I it ll just help us move a little more efficiently. So, uh, with that, um, okay. Uh, I ll go to MISS Miller to start us off, and we ll get into the final assessments on these projects. [12:30] MISS Miller: Thank you, MR. Mayor. Members of the council, uh, on JANUARY 20th and FEBRUARY 2nd of this year, the council did approve the rehabilitation of residential and commercial industrial streets covering five different projects that are presented this evening. The draft final assessment reports were presented to council on SEPTEMBER 1st, with the public hearing scheduled for this evening. Uh, an informational meeting was held on SEPTEMBER 28th for residents and property owners to ask questions or provide concerns and seek any additional information. Uh, all notices have been published in the legal newspaper and sent to the affected property owners, informing them of tonight s public hearing. So I will turn it over to Public Works Director Mathis. [13:07] Public Works Director Mathis: Thank you, MISS Miller. MR. Mayor, members of the council and audience. So this evening has indicated we ll have a public hearings for five different projects. And then at next time we meet on OCTOBER 20th, we ll have public hearings for six different projects. [13:23] Mayor: So look forward to thank you. All right. Those projects were called out by yourself. Previously, sir. And just to identify the size of those projects, you can see that the total of the five projects was just under four miles, and there were 509 properties. Uh, as part of those projects, I would like to give an update to the council on, uh, we ve had our pavement management program going for 36 years, 37 years. [13:49] And throughout that time, uh, we ve had 348 projects, 350 miles of street improvements and 33,320 assessments to individual properties throughout that time. Uh, total property total assessment revenue was our total cost of all assessments was 38.7 million. And the city paid nearly $78 million for those improvements. As a combination of sharing the cost with the property owners. [14:20] Public Works Director Mathis: So somebody is having too much fun with I. Know this was actually done by Hanson with Excel. All right. This shows this map indicates the locations of the various properties throughout the city. [14:37] These are the types of improvements that were done. The council is very familiar with those. Uh, a lot of them are related to. Well, they re all related to the street improvements, but there are driveway aprons that are done typically on commercial properties, not residential properties. Um, and then sewer and um water main improvements are done as needed. So for these five projects, uh, you can see the variety of costs that were, uh, included as part of the improvements. Uh, total cost for all five projects was nearly $1.5 million. Um, a variety, like I said, street improvements, pedestrian improvements for the ped ramps, uh, utility improvements and [15:25] entrance repairs on driveways. A. Variety of different property types, uh, through the different projects, um, different assessment rates for depending upon the type of property that it is. Um, and that s indicated on the screen as well. Typically the, the lower density residential is a 5050 split with a city. High density residential is 75% by the property and 25% city. And then the commercial properties and industrial properties are typically 100% assessment. And then you can see, um, neighborhood parks are 50, 50 in public facilities are 75% attributed to the actual property. The concrete entrance ramp repairs are all 100% assessed to the benefiting property. So the financing, uh, [16:10] in essence, what the assessments were for the $1.5 million of improvements, uh, for five total projects, there was $540,000 worth of assessments. And then the city [16:28] covered about $945,000. So these are the assessments broken out for the individual, uh, project areas. So typically when you see a similar project types like the r1 residential, the differences between those different projects are basically, uh, based on the number of the properties. And typically that s, uh, related to the size of the properties as well. So, uh, the fewer properties there are adjacent to a similar length of street, the more it s going to cost for those lesser properties, those the fewer properties. So, um, uh, all of them had residential properties. Um, so they re very similar in. [17:10] Type. So financing for the assessments, if folks choose, uh, they can pay for their entire assessment or any portion of it. Um, prior to 30 days after the close or the approval of the assessment roll. Uh, so that I, you know, ideally be tonight if the council would so approve it. So they ll have 30 days in which to pay the entire amount or any portion of it at no interest. [17:40] If they choose not to. And the way this is set up is this can roll over under their property taxes. And so it would start then next year, um, they would have their, the remaining portion of the assessment that s not paid split out for the residential properties over a five year period at a 5% annual interest rate. And then there was one non-residential property, and that would be at a ten year term. Just because typically those costs are more expensive. [18:10] So. So with that, the schedule, uh, we had neighborhood meetings for all of these projects. Uh, the council had information on that in the packet. Uh, that was held on SEPTEMBER 28th. Tonight s the final public hearing kind of went through the interest free payments. [18:26] And, uh, there is actually a prorated interest payment if they choose to do so after the 30 days and before NOVEMBER 15th, that s only about nine days. But, uh, they can pay a prorated interest rate for whatever portion of the assessment they choose to pay. [18:42] Otherwise it will be certified to Dakota County on NOVEMBER 16th. And that s what kicks it into being included with the property taxes beginning next year. With that, I m available for any questions that the council MAY have. I will inform the council that they do have a, you know, an action item sheet that will approve all of the, um, projects at one time. [19:07] So if you do choose to do that. Um. That s the route to. Go. Okay. And is that in our packet. Or it should have been laid right on the. Okay in front of your chair. Yeah. I just push aside all the paperwork running it up here. Oh, there we go. Okay. [19:23] Mayor: All right. Excellent. Um, Council questions to staff before I open up to public hearing. Um, maybe, um, I ll. I ll, um, make a statement and ask. Um, uh, our city attorney to just comment on it or expand on what the process might be. [19:43] Mayor: Um, I want to just make clear that, um, I think in most of the, uh, hearings, there were no objections in the neighborhood meetings. Uh, however, there was at least one. That was a potential objection that might turn into an appeal. Um, and I just wanted to make note that, um, if there is an objection that turns into appeal and that materializes, I want to remind property owners, um, that they can indeed appeal these final assessments. However, the council needs to first act and actually adopt the final assessments so that there is something to appeal. Uh, to be clear, uh, we re not ignoring objections or not wanting to not talk about them. Um, but we are remain agnostic. Um, so that said, property owners can [20:28] seek resolution in the courts should they choose to appeal. Um, MR. Attorney, I just wanted to ask you if that s correct. Anybody can confirm that. And and if folks are interested in appeal, um, what are the steps to doing that? Uh, in order to get resolution into the courts? [20:44] City Attorney: Certainly, MR. Mayor, they. Have to object in writing tonight. Okay. Um. And then, um, the strict statutory timelines to appeal to district court. Otherwise, the court has no jurisdiction. It s under Minnesota s tattoo s chapter 429. Okay. So there s a whole process there under for 29.081, what they need to do. Yeah. [21:05] Mayor: So I say that, uh, I not to suggest that we won t take comments. Uh, we re not interested in hearing what people s thoughts are. Um, but if after the comments, uh, you do want to pursue an appeal, um, we have to first vote to actually do the final assessments, so there s something to appeal on the two grounds to appeal to. Uh, so with that, any additional questions of staff? All right. [21:25] Mayor: Uh, i ll open up to public comments on any one of these, uh, five projects. Um, if you do want to make a comment, I just ask that you identify the project, if you can, by number, uh, or just describe generally where you re from. And I m sure Russ will jump in and help us out to define the project specifically. Uh, any members of the public want to comment? [21:50] Mayor: Seeing none, I ll bring it back to the council for additional commentary and or motions. For a motion. Councilmember spina. Uh, to close the public hearing and approve the final assessment reports for project 1628, Black Hawk Oaks Neighborhood Street Revitalization Project, 1632 Meadowlark Road, Catherine Circle neighborhood Street Revitalization Project, 1634 Covington Lane, Brittany seven through ten additions. [22:15] Neighborhood Street Revitalization Project, 1635 Grace drive, neighborhood Street revitalization and project 1639 Waldon Heights, Hillcrest Lake Park neighborhood Street revitalization and authorizer certification to Dakota County for collection. [22:31] Mayor: Second. That s moved and seconded. Um, uh, any additional conversation? Um, and Bob, after we, uh, finally assess these, if people do want to, um, hand you a written note of appeal. Um, they can do that any time during the meeting or after the meeting. [22:52] City Attorney: MR. Mayor, they should do it before the council votes. Okay? They should make their objection noted in writing and deliberate to MISS Miller. Thank you. Right now, like right now. Like right now. So I just want to make sure I had three people raise their hands. Uh, are any of you planning on on on giving written notice of an appeal? [23:10] Okay, good. I just want to make sure that everybody s rights are taken care of. So, uh, with that, uh, motion is made and seconded. Uh, there s no additional conversation. Uh, all in favor of the motion signal saying aye. Aye. And opposed name. Motion carries. Uh, and we ve adopted those final assessments. Um. Thank you, I appreciate that. I probably didn t note, um, how impressive it was. Uh, that all your questions were answered before the neighborhood meeting. [23:34] Mayor: So thank you, sir. Congratulations. Um, with that, um, we are done with public hearings. We have no old business, so I ll move to new business. We have three items of new business tonight. Uh, the first item is a comprehensive guide plan. Uh, for Endeavor Development. Uh, it s a comprehensive guide plan from from o. S office service to bp Business Park, located at 3300 6633 50 3340 highway 55 and two vacant adjacent parcels. Uh, MISS Miller. [24:07] MISS Miller: Thank you, mayor, and members of the council at the 25 acre site consists of five properties currently zoned. Agriculture. The land use designation on these properties is currently Special Area Office Service. The Special Area Plan guides future redevelopment away from existing residential use and toward intended office, commercial and industrial uses. [24:27] The applicant is proposing to change the land use designation to Business Park, with the intent of redeveloping the site with two 125,000 square foot business park buildings. The Planning Commission held a public hearing on SEPTEMBER 22nd and recommended approval. I will turn it over to City Planner Schultz for a map and additional information. [24:44] City Planner Schultz: Thank you, MISS Miller. Good evening, mayor Council. So before you the map here is the subject property located basically just north of highway 55 and just south of Lonoke Road. Uh, the properties are the unplanned properties that are currently zoned agriculture with a land use designation of Special Area Office service. [25:06] Uh, they are they do reside within the Northeast Special Area, which extends from highway 55, uh, to basically Interstate 494 to the north, and from highway 149, uh, all the way to the easterly border municipal boundary. Uh, the vision for the area was originally to serve as a commercial and employment node within the office Service designation, but given the topography, uh, given the topography, vegetation access, uh, basically any large format development would pose some difficulties. So the vision was for basically allowing for smaller office, uh, or medical office type buildings on the site. Uh, so the properties do [25:51] have frontage off of Hope Drive and Courthouse Lane. Uh, Courthouse Lane is located here. Uh, Hope drive has access directly off of highway 55. Uh, and then the parcels located, uh, the kind of finger parcels here. I do have direct, uh, abutting access onto Lone Oak Road. Uh, as you can see on this aerial, the land is wooded with rolling topography, uh, containing some areas with steep slopes and wetlands, particularly on the south end of the site. Uh, surrounding the subject parcels are single family to the north. Uh, industrial, uh, part of the gateway development, uh, to the east. Uh, highway 55 with multifamily to the south. Uh, [26:36] and then office uh, uses located immediately to the west. Uh, located north of the site is going back a little bit. There are business park designations and major office designations. Uh, immediately [26:53] north of Lonoke Road. Uh, the applicant submittal, uh, uh, shows a concept plan showing two 125,000 square foot business park buildings with access from both Courthouse Lane from the west and Hope drive to the east. Uh, parking is shown essentially in front of the building along the sides of the building. Um, and then in the rear, they do show would likely be some type of, uh, doctors with loading areas. Uh, the plan does show retention of the wetland, uh, at least one of the wetlands to the south of the two proposed buildings. Uh, landscaping around the building and site perimeter. Uh, there would be a need for an extensive retaining wall. Uh, you can see the site grades those contours here. Uh, that [27:39] would be required in order to allow for these kind of large format buildings to be built. Uh, the site slopes, uh, north to south and west to east, with elevation changes up to 90ft. Uh, significant grading will be necessary to accommodate the two large format buildings. As indicated, there are two wetlands located on the property. Uh, and the wetland delineation uh process has already started. Uh development is subject to the city s tree preservation ordinance and a tree inventory and preservation plan, including protection of offsite trees, will be necessary with future applications. Uh subject site is located within both zone four and the one mile noise buffer zone for the airport, [28:25] which does allow for business park designation. Uh, and that designation is considered compatible. Uh, under those two, uh designations, uh subject site has numerous physical constraints. Uh, the 2040 comp plan did call out the wetland complex on the south side to be developed. Uh, as a stormwater amenity. Uh, and to try to retain as much tree cover. Uh, given the site topography. Uh, as you can see, this site site plan for this concept does show basically the site, um, tree removal occurring throughout most of the site to accommodate, uh, access in those, uh, building pad sites. Uh, street access is planned from Holt Drive, uh, [29:11] and highway 55. Uh, the concept plan included within the city s 2040 comp plan did show, a road that potentially could have been extended. I m gonna go back to this map here. A road that potentially could have been extended up, uh, and connected to Ames Crossing. But given the topography of the site and the trees, uh, I think making that work was proved difficult. Uh, you d also had to contend with two additional, uh, properties. Um, and then there was basically a situation with, uh, with gateway. So, um, so that road probably will not follow that concept plan as outlined within the, within the comprehensive plan. Uh, the proposed concept does, uh, does not illustrate this connection as is indicated here. You can see that I ll have a singular [29:57] access, uh, essentially on the east side of the site that will serve both properties for both employees and for any future truck traffic. Uh, water and sewer are available to serve this particular development. [30:12] Uh, as far as park dedication, cash park and trail dedication would be due at the time of development. Uh, so business park land use designation would be, uh, would allow uses consistent with the business park research and Development zone districts, including research and development facilities, office, warehouse, office, showroom, as well as restaurants and hotels, business park uses are generally compatible with light industrial. Uh again, which is located to the east of the site. Uh, commercial and service. Uh, uses in multifamily uses. And given the relatively high design finish, these uses can also be compatible with lower intensity, uh, residential uses such as single family. Uh business Park users should also be located along arterial and [30:58] collector roads, as they could generate substantial amount of employee truck traffic and moderate truck traffic. Uh, which obviously this site is with highway 55. Uh, as noted, the subject site is located within the Northeast Special Area. Uh, the area does have a variety of uses as it evolves from an existing large single family lots. Uh, again, as you can see, that continuing exists on the north, uh, portion of this area. Uh, the existing residential residential uses to the north are considered transitional. Um, large industrial buildings are located to the east, and office service uses exist and are planned immediately to the north and to the west. So in summary, the applicant is proposing a land use change of [31:45] approximately 25 acres from the Office Service designation to Business Park, with the intent to develop the site with two business park buildings. The proposed vp designation is potentially compatible with the variety of surrounding uses uh, including residential uses. The site does have significant constraints, including wetland, woodland, and topography. Other typical performance standards such as tree preservation, stormwater management, park dedication will be applied at the time of the development. [32:19] Applications. Um. As noted by MISS Miller, abc did hold a public hearing on SEPTEMBER 22nd. At least one resident did inquire about potential impacts to their property located up in this area. Uh, at the response at that time was that development would not probably occur up in that area, at least with this phase of development, and probably occur with future phases of development. Once additional parcels are probably assembled on that, on that portion just south of Lone Oak. [32:48] Uh, some hpc members did also voice some concerns over the significant retaining wall, uh, and the proximity of the residential to the north. Um, there is a significant grade difference, and we would work with the developer in the future, uh, to ensure that there s buffer and landscaping that would be applied during that phase of review of the project. So, uh, so ultimately, apc did forward a recommendation of approval on five zero vote. So with that, I know Evan Mattson with endeavor, uh, is in the audience for any questions from council. [33:18] Mayor: Uh. Evan, did you want to add. To that? Um, either brief. Have you seen this? But I m here to answer any questions. Okay. So any questions? Happy to answer them. Uh, Council questions of staff or of the applicant? [33:37] Mayor: Not right now. Uh. Available afterwards. Okay. Thank you. Um. Uh uh, any members of the public want to comment on the proposed Comprehensive Guide plan amendment? Uh, and I ll note that this is merely a vote to take, uh, the comp plan change up to the Met Council. [33:58] Mayor: Is that right? Yeah. Correct. Um, and, uh, and so specific site observations, uh, while relevant and anticipatory of the final, uh, development plan, uh, are also going to be, uh, discussed when the council and applicant get a second shot at the apple. Um, when it comes back to the Met Council and we re actually implementing, um, the comprehensive guide plan. So I just want to throw that out there. Uh, any members of the public want to comment at this point? Seeing none, I ll bring it back to council for additional conversations and or motions. For motion. [34:34] Councilmember Beckett: Councilmember Beckett. Move to direct staff to submit to the Metropolitan Council Comprehensive Guide Plan amendment to change the land use designation from office service to Business Park upon approximately 25 acres of unplanned property located at 33, 50, 33, 66 and 3400 highway 55 and two additional unaddressed parcels to the east second. [34:56] Mayor: That s moved and seconded. Is there any additional conversation? Is unaddressed parcels really the term I mean, we re talking about them. Sort of a metes and bounds description, which I don t think you want to read. Um, that was the best we can come up. [35:12] With parcels without street addresses. Maybe. Okay. It just seemed a little weird, but that s fine. That s good. Uh. Additional comments. Uh, seeing none, motion is made. And did I hear a second? Um, okay. Uh, motion is made and seconded. Uh, all in favor of the motion? I m saying aye. Aye. And opposed? [35:31] Nay. That motion carries. Uh, and we ll see that back in the space of, uh, 4 or 5 months, I guess. Okay. Sounds good. Um, with that, we ll move to item b. Item b is a conditional use permit. Uh, it s for Equipment Share, Inc. And Michael o Neill. It s a conditional use permit to allow outdoor storage of primarily trailer mounted equipment, such as generators, cooling and heat exchange units, pumps, and air compressors located at 837 Apollo Road. MISS Miller. [36:02] MISS Miller: Thank you, MR. Mayor. Members of the council. The property is zoned limited. Industrial and equipment share supplies, a variety of industrial equipment and is proposing outdoor storage of power and climate controlled equipment in this location. The applicant is proposing improvements to the site, including security and screening fences, replanting trees and updating exterior lighting. The building is proposed to be updated and renovated without expansion. [36:26] The requested variance is to allow the existing nonconforming condition, where pavement extends up to and beyond the east property line. Adjacent railroad right of way to remain. Planning Commission held a public hearing on SEPTEMBER 22nd and did recommend approval, so I will turn it over to City Planner Schultz. [36:43] City Planner Schultz: Thank you, MISS Miller. Um. Mayor. Council. Um, before you hear on the map, I can see the subject parcel located just south of Lone Oak Road. You can see the railroad right away that runs adjacent to the specific property. And Apollo Road that basically, uh, terminates right into the subject property. So the property is zoned I-1. Uh, was developed in 1981 with the 10,000 square foot building. [37:16] Uh, it was later replanted, uh, due to to consolidate multiple parcels. Um, and for a cup that allowed for outdoor storage of trucks and trailers that had already been occurring on the property for, uh, for some time. Uh, there was also a variance at that time, uh, that allowed a zero foot pavement setback along the shared property line. At that time, that recognized that that condition, uh, the building is located on the north portion of the site with the outdoor storage locating, uh, essentially to the west and then to the east. And we re calling this the south portion of the site. Uh, access would be from Apollo Road and Mike Collins Drive. Um, at least at this time, uh, the the the [38:03] primary access would probably be here in this, uh, driveway located just to the west of the building. Site survey indicates existing pavement encroaches into the abutting railroad right of way in this location here. So the variance is really to address that condition as it existed, since probably that 2001 cup, uh, associated with the property. Uh, as indicated, the equipment share does supply a variety of industrial equipment. Um, and is proposing the outdoor storage. Uh, of power and climate controlled equipment, including generators, cooling systems and heat exchange units, pumps and air compressors. Most of the equipment is mounted at [38:49] trailers for easy transport. Uh, outdoor storage is proposed on existing paved uh surfaces throughout uh throughout the site. Uh, the building is proposed to be updated and renovated without expansion. Uh, and proposed site improvements include improved exterior lighting, installation of security fences, and security screening fences along the street facing sides. Uh, and replanting of several trees. Uh site does provide 30 parking stalls and appears to be adequate for the intended use. The proposal appears to be compatible with the surrounding area, which is also zoned industrial and contains similar uses, including outdoor storage. Uh, the proposal does appear to satisfy the performance standards for outdoor storage as outlined [39:37] within the staff report. Uh, and again, the variance is basically addressed. This, uh, zero side yard setback. Pavement setback that runs parallel to, uh, and encroaches into that railroad right of way. Uh, by several by several feet, but does not appear to be have been problematic. Uh, the applicant is requesting, uh, the variance to allow basically the pavement, uh, to remain to remain as, as is uh, uh, the site does appear to be non-conforming in regard to green space. However, this is an existing condition. Uh, and no new additional impervious coverage is proposed with this, uh, with this application, uh, existing city water and, uh, storm sewer. Uh, existing city [40:22] water main and storm sewer, as well as Met Council sanitary sewer are located within the easement. Uh, that runs through that portion, uh, extended from Apollo. Additional easement is required to adequately cover these utilities and should be provided in a manner acceptable to the city attorney. Uh, and written acknowledgement from Met Council should be acquired by the applicant, uh, provided to the city prior to commencing work on the site. Uh, so, in summary, the applicant is proposing outdoor storage of, uh, trailer mounted equipment and the variance to address the existing pavement setback adjacent to the railroad right of way. Uh, site has previously been used for outdoor storage, and the applicant is proposing improvements to the site, including the additional security screen fencing and [41:08] landscaping and updating the site lighting. Uh, the applicant also proposes to renovate and update the building. Uh, as part of to improve appearance and functionality on the outdoor storage does appear to satisfy the performance standards uh, outlined within city code. Uh, so, as indicated by MISS Miller, apc did hold a public hearing on SEPTEMBER 22nd and did recommend approval on a five zero vote. Uh, I believe there s a representative from equipment chair. Uh, not the same representative from Planning Commission, but there is a representative, uh, in the audience for any questions from City Council. [41:43] Mayor: Uh, will the applicant like to add to that? Uh, yeah. I don t really have anything to add. Um. It s way better tv. If you come up here and talk to. The. I apologize again. Uh, no, I don t really have anything to add at this time. It seems like he was pretty thoroughly covered. It. Um, I mean, it was pretty much trailer storage before, and that s kind of what we re looking to do as well. [42:02] Mayor: Okay, great. Thank you. Uh, council questions of staff, uh, or of the applicant before I go to public comments. Councilmember. I ll start. With you. This has a variance too, with it. Correct. So there ll be two actions. Yep. Okay. Okay. That s all. [42:19] Mayor: Um, MISTER Schultz, can you just, uh, clarify for me, uh, the the issues around the use around the private easement agreement, uh, continue to exist, or has that been resolved? Uh, mayor. So that easement agreement basically is, uh, essentially between the two private owner property owners, uh, obviously the equipment share property owner, uh, and then the truck rental company to the south. Uh, so we suggest that the property owner and the adjacent owner try to address that before they go any further. City is not party to that that easement agreement. [42:53] Mayor: So, uh, we really just wanted to call it out to make sure that the applicant was aware that, uh, we found that easement. They should try to address it with the adjacent property owner. Okay. Uh, and. Yeah. Can you comment on on that status and just confirm awareness, though? Yeah, we are aware of it. And we are working with the property owner. It can be dissolved unilaterally by either one of the owners. And we are working to do that right now. So okay. [43:16] Mayor: Great. Thank you. I just want to make sure it s not hanging chatter thread or whatever. Doesn t it doesn t address. Yeah. No. Right. Yeah. It doesn t impact uh, access to the property owner to the south. Otherwise we MAY have a more concerns with it, but it doesn t impact them. [43:32] Sounds good. Great. Uh, additional questions. Are there any members of the public who want to comment on the, uh, proposed conditional use permit for equipment share? Uh, at 837 Apollo Road. Uh, and or the variant associated with it. [43:52] Mayor: Seeing none, I ll bring back to council for additional conversations and or motions. Motion. Councilmember Hansen. To approve a conditional use permit to allow outdoor storage of primarily trailer mounted equipment, including generators, cooling and heat exchange units, pumps, and air compressors upon property located at 837 Apollo Road. [44:08] Mayor: Subject to the conditions listed in the Advisory Planning Commission minutes second. That s moved and seconded. So any additional comment? Seeing none, all in favor of the motion. Signify by saying aye. Aye and opposed. Nay. That motion carries unanimously. [44:24] Councilmember Hansen: Second motion. Councilmember Hansen to approve a variance to allow a side yard pavement setback of zero feet upon property located at 837 Apollo Road, subject to the conditions listed in the Advisory Planning Commission. Minutes. Second. That s moved and seconded as well. Uh, is there any additional comment on that one? [44:42] Mayor: Seeing none. All in favor signify by saying aye. Aye. And opposed. Nay. That motion carries. Uh, and the variance is adopted. Uh, that said, uh, we are done with item b under new business, we have one remaining item of new business. That s a conditional use permit for fcp services. Uh, it s a conditional use permit to allow a paved lot for outdoor storage of up to 11 trailers and 23 trucks located at 3275 Sun Drive. The old wagon tail. I remember. [45:12] Mayor: Yeah. MR. Mayor, I m going to go directly to MR. Schultz because my papers got out of order. Oh, so, MR. Schultz, go ahead. Evans forbid. Uh, MR. Schultz, are your papers in order? My papers are in order. I think, uh. Slave dogs. Uh, so before you on the map, here s, uh, in fact, the old, uh, the old waiting tables, uh, sites, uh, just off of Sun Drive, uh, located just off of Terminal Drive and, uh, highway 13, uh, site does consist of 1.4 acres. [45:41] City Planner Schultz: Uh, does have a building footprint of 14,600ft. Um, and with the mezzanine, uh, basically provides an additional approximately 5000ft of, uh, finished floor area. Uh, access is provided by Sun Drive, a private road, which then connects to Terminal Drive, which is a public street. Uh, Sun Drive does provide access to a total of four other properties. A total of four properties along that, uh, private street. Uh, the site is relatively flat, with elevations from 768 to 752. Uh, and it s, uh, slopes from the southeast corner, uh, southeast corner to the northwest corner of the site. Um, adjacent [46:26] zoning. And the property is, uh, I1, uh, with similar outdoor storage uses. Uh, and these, as you can see in this area, uh, there are city storm sewer and Met Council sanitary sewer easements that criss cross, uh, through the property. In this particular area. So on the north side of, uh, of this lot, uh, the building on the site is connected to city, uh, sanitary sewer and water main systems, and no additional connections or modifications are proposed with the application. Uh, so the applicant is, uh, requesting, uh, here to extend basically the parking lot on the north or west side of the site, however you want to orient yourself here. Uh, so [47:13] this darker, uh, shaded area would be the pavement extension. There would be a small retaining wall that would be added here to address grade in that particular area. Uh, and then the area would actually be fenced off, uh, in this particular area with the new, uh, access gate. Um, employee parking would remain, uh, out front. The applicant would also do some improvements, uh, for Ada accessibility and parking, uh, within this particular area. [47:42] Um, to address that. Uh, and they would also relocate, uh, a garbage enclosure that s currently located kind of on that again, west side of the site, located outside that fenced enclosure to, uh, more closer to the front, access to the site, which is technically in the front yard. But given that this is really on a dead end street on a private drive, uh, there s going to be a little traffic to really to, to notice that in the building being setback, there s probably not really great location for, uh, that garbage enclosure to be, uh, to be located. So, uh, so the applicant, uh, so the applicant would like to store then, uh, 23 passenger trucks and 11 trailers, uh, as part of that outdoor storage within this particular area, um, that [48:29] outdoor storage, um, would be, uh, also screened, uh, with that fenced enclosure, uh, and gated. And so it would meet those, uh, basically, uh, review criteria as outlined within, uh, within city code. [48:45] Um, so the applicant is proposing also then to reduce some of the green space, uh, from 46% to 32%, uh, but still meeting the minimum, 25%, uh, as required by code. Uh, as noted, those utilities that cross through the property, uh, there s a condition that we re asking the applicant to get, uh, written acknowledgement from the Met Council before work commences. Uh, so Met Council is aware of the work that s going to be conducted over their easement area. Uh, so in summary, the applicant is requesting approval of a conditional use permit for the outdoor storage of up to 23 trucks, 11 trailers, uh, uh, other properties within the I-1 district appear to be operating, uh, similarly with [49:31] outdoor storage, uh, uses uh. So the applicant s proposal does appear to be compatible within the surrounding area. Uh, as noted, apc did hold a public hearing on SEPTEMBER 22nd and did recommend approval on a five zero vote. Uh, Robert Lucas Lucas in the audience. [49:49] Mayor: Uh, and can address any questions from council. The applicant want to add [49:58] Applicant: anything to that? Come on up to the microphone and everything. See, people are trainable. Well, yeah, I guess. You watch. Um, I think Mike did a, I guess, a nice job just kind of covering through everything that we re doing. So I guess if there s any questions that you guys would have, I could answer at this time. Sounds good. [50:14] Mayor: Uh, council, any questions of staff or of the applicant before I open up public comments? Oh. Thanks for coming up, though. Thank you for that. Yeah. Um, uh uh, if there are no questions of staff or the applicant, are there any members of the public who want to comment on the proposed conditional use permit? Uh, for [50:39] Mayor: scp services at 3275 Sun Drive? Seeing none, we ll bring it back to the council for additional conversation and or motions. For motion. Councilmember fields. To approve a conditional use permit to allow outdoor storage of 23 trucks and 11 trailers for the property, located at 30 to 75 Sun Drive. Subject to the conditions listed in the apc minutes. [50:58] Mayor: Second. That s moved and seconded. Are there any comments? Um, I d just like to unofficially designate the conditional use permit as the coffee permit, uh, thing as a coffee. Spend some great time on. The site before he passes on. Uh, this one s for you. Coffee? [51:17] Um, with that, um, all in favor of the motion? I m saying I, I and opposed. Nay, uh, I just gave my wife a chuckle at home. , and Larry. And Larry. There we go. Uh, with that, uh, we are done with new business. Um, we have no other business. We have no legislative and intergovernmental affairs update. We have no economic development authority. Uh, I ll move right to our administrative agenda, MR. City attorney. Anything? [51:41] City Attorney: Nothing. MR. Mayor. Uh, are there any city council comments, MISTER? Thank you. Any, uh, um, the city administrator? Nothing, MR. Mayor. Uh, MR. Director of Public works. I have nothing. More, MISTER Mayor. Uh, MISS, director of community development. Nothing, MISTER Mayor. Okay. [51:56] Mayor: Uh, do we have any visitors to be heard. Tonight that needs to go down? No, I understand. I m gonna wait and see if there are any, uh, we have no visitors to be heard. Uh, with that, we have no closed session tonight. Uh, and i m standing open to a motion to adjourn. To adjourn second. That s moved and seconded. All in favor, say aye. Aye, aye. [52:14] Mayor: Opposed? Nay. Motion carries, and we are adjourned at 71545. Go wild.