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11/08/1990 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA November 8, 1990 A regular meeting of the Eagan City Council was held on Tuesday, November 8, 1990, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Gustafson, McCrea and Pawlenty. Also present were City Administrator Tom Hedges, Community Development Director Dale Runkle, Director of Public Works Tom Colbert, and City Attorney James Sheldon. AGENDA City Administrator Hedges recommended the following changes to the agenda: There were no formal changes to the Agenda; however, the following items will be recommended for continuance in the Consent Agenda: Item,O, Contract 90-16, Receive Bids /Award Contract (Woodlands North Addition Streets Utilities) Item P, Final Plat, Woodlands North Addition Item Q, Contract 90-16, Approve Change Order #1 (Woodlands North Addition Streets Utilities) McCrea moved, Wachter seconded, a motion to approve the agenda for the November 8, 1990, regular City Council meeting. Aye: 5 Nay. 0 Wachter moved, McCrea seconded, a motion to approve the minutes of the October 16, 1990, regular City Council meeting. Aye: 5 Nay: 0 City Administrator Hedges said that earlier this year, the City had received the Park Maintenance Magazine Award of Merit to Thomas Lake Park Shelter. Director of Parks and Recreation Vraa then presented the award to Mayor Egan who accepted it on behalf of the City Council. MINUTES Gt T' HEAD PARKS AND RECREATION DEPARTMENT /CAPONI ART PARK PROJECT R 90.82 City Administrator Hedges said that for several years Anthony Caponi, who owns property on Diffley Road, has had visions about developing an art park. He said it had been Mr. Caponi's desire to work together with the City on this park. Mr. Hedges said that the City Council had toured Mr. Caponi's property and had suggested that the Advisory Parks and Recreation Commission and City Council discuss this further, which they have done. Mr. Hedges said that at this joint meeting, it was determined that a resolution outlining the City's support be prepared. Councilmember McCrea said that the project is worthwhile and said she would be willing to offer suggestions to Mr. Caponi regarding foundations that support these types of projects. Mayor Egan said that perhaps the Rotary Club and Lions Club could also offer their support. Councilmember Wachter said it was a very positive approach to have the project financed by grants. The Councilmember said it was a unique opportunity and the resolution before the Council was working toward that goal. Page 2/EAGAN CITY COUNCIL MINUTES November 8, 1990 Wachter moved, McCrea seconded a motion to adopt a resolution supporting Mr. Anthony Caponi's efforts to establish an art park on his property on County Road 30. Aye: 5 Nay: 0 Mr. Caponi thanked the Council and said that he and the City have worked together and have the same dreams. He said they were partners in something worthwhile. COUNCIL NOTES Mayor Egan then questioned the handling of visitors through the Haunted Hayride around Halloween. He said that certain lanes of Lexington Avenue were closed to traffic to allow stacking of those cars waiting to get in. He asked how this was handled. Director of Public Works Colbert said that staff had not issued a permit for the Haunted Hayride attraction. Mr. Colbert said that perhaps it should have been handled by special use permit, however, the only permit that was issued was by Dakota County for a driveway access. Mr. Colbert said that the owners of the property do have the right of access and Dakota County had to decide whether that access would be temporary or permanent. He said that the County had allowed a temporary access, ramping of the curb and permitted the property owners to close off the right -hand lane of Lexington Avenue. Chief of Police Geagan said that the Police Department also had some real concerns about this operation and said it would be handled differently next year. Councilmember Pawlenty then had several comments regarding the last election as to polling places and accommodations to voters. The Councilmember said Precinct 13, which is Northview Elementary School, was overwhelmed by the number of voters and he said people were parked everywhere. The Councilmember said that Ms. Pawlenty had waited an hour and forty-five minutes to vote, and while it was not the City's fault, some voters chose not to vote rather wait that length of time. Mayor Egan said that Precinct 13 polls were open until 10:30 p.m. just to accommodate those who wished to vote. He said he was sure some could not wait that length of time. City Administrator Hedges said that when the City had experienced telephone problems, a notice had been put in the paper regarding these problems. He said that since then, he had received a number of favorable comments about the notice. Mr. Hedges suggested that the same thing be done regarding voting places. Mr. Hedges said the City's hands were tied until 1992 because of State law but said that the City would add more precincts and equipment for 1992. He said that a notice in the paper would extend the City's apologies. A. Personnel Items MNSENT GEND It was recommended that contracting with Paul Bedney as basketball scorekeeper and Brian Mischke as substitute for the November 1990 through March 1991 adult basketball league season be approved. B. Resolution. ADDointine a Director and Alternate Director to the LOGIS Board of Directors It was recommended that a resolution appointing Thomas L. Hedges as Director and Eugene VanOverbeke and Kristi Morast as alternate directors to represent the City of Eagan on the LOGIS Board of Directors be approved. C. Proclamation. Burnsville/Eagan Access Volunteer Day. November 17. 1990 i It was recommended that Saturday, November 17, 1990, be proclaimed as Burnsville/Eagan Access Volunteer Appreciation Day. R 90.83 R 90.84 Page 3/EAGAN CITY COUNCIL MINUTES November 8, 1990 D. Contract 89 -17. Acknowledge Completion /Authorize Final Payment. Northview Park Parking Lot Construction It was recommended that all materials and workmanship for Contract 89 -17 be accepted and final payment to Alexander Construction in the amount of $33,049.13 be approved. It was recommended that Change Order #1 for Contract 89 -20 for a reduction of $750 be approved, all materials and workmanship be accepted and final payment to C.S.I. Electric in the amount of $1,100 be authorized. E. Contract 89 -20. Change Order /Authorize Final Palyment. Athletic Lighting. Bridle Ridge Park F. License. Off -Sale Liquor. Cheers Wine and Spirits /Change in Partnership It was recommended that the off-sale liquor license change in partnership for Cheers Wine and Spirits to include Mr. Russell Laughlin as an additional partner be approved. G. Designate Alternate Date for First Council Meeting in January It was recommended that Thursday, January 3, 1991, be set as the date for the first regular City Council meeting in 1991. H. Contract 89 -10. Approve Final Payment /Authorize City Maintenance (Well #15) It was recommended that the 6th and final payment to Layne Well Drilling, Inc., in the amount of $19,360.38 be approved and City maintenance authorized subject to appropriate warranty provisions. I. Contract 89 -16. Approve Final Pavment /Authorize City Maintenance (Coventry Pass. Sterns and Country Hollow 2nd Addition Utilities) It was recommended that the 8th and final payment to Ceca Utilities in the amount of $44,515.70 be approved and City maintenance authorized subject to appropriate warranty provisions. J. Contract 90 -03. Approve Final Payment /Authorize City Maintenance (Wells #2 #6 Pump Repair) It was recommended that the 3rd and final payment to Keyes Well Drilling, Inc., in the amount of $836.88 be approved and City maintenance authorized subject to appropriate warranty provisions. K. Contract 89 -H. Acknowledge Completion /Authorize City Maintenance (Whispering Woods 4th Addition Streets and Utilities) It was recommended that the completion of Contract 89 -H (Whispering Woods 4th Addition Streets Utilities) be acknowledged and the initiation of City maintenance be authorized subject to appropriate warranty provisions. L. Contract 89 -Y, Acknowledge Completion /Authorize City Maintenance (Cliff Ridge Addition Streets Utilities) It was recommended that the completion of Contract 89 -Y (Cliff Ridge Addition Streets and Utilities) be acknowledged and the initiation of City maintenance be authorized subject to appropriate warranty provisions. Page 4/EAGAN CITY COUNCIL MINUTES November 8, 1990 M. Contract 90-08. Approve Change Order #1 (Sibley Terminal Industrial Park Storm Sewer) It was recommended that Change Order #1 to Contract 90-08 (Sibley Terminal Industrial Park Storm Sewer) be approved and the Mayor and City Clerk authorized to execute all related documents. N. Contract 90-10. Approve Change Order #1 (Galaxie CUR Plaza 2nd Addition Addition) It was recommended that Change Order #1 to Contract 90-10 (Galaxie Cliff Plaza 2nd Addition Streets Utilities) and the Mayor and City Clerk authorized to execute all related documents. O. Contract 90-16. Receive Bids /Award Contract (Woodlands North Addition Streets Utilities) It was recommended that the bids for Contract 90-16 (Woodlands North Addition Streets Utilities) be received and that award of the contract to the lowest, responsible bidder be continued to the November 20, 1990, regular City Council meeting. P. Final Plat. Woodlands North Addition It was recommended that the final plat for the Woodlands North Addition be continued to the November 20, 1990, regular City Council meeting. Q. Contract 90 -16. Approve Change Order #1 (Woodlands North Addition Streets Utilities) It was recommended that Change Order #1 to Contract 90-16, Woodlands North Addition Streets Utilities, be continued to the November 20, 1990, regular City Council meeting. R. Vacate Utility Easement. Receive Petitions /Order Public Hearing (Lot 6. Block 1. Windtree 3rd AdAni It was recommended that the petition to vacate a portion of the utility easement (Lot 6, Block 1, Windtree 3rd Addition) be received and the public hearing scheduled to be held on December 6, 1990. S. Contract 89 -13. Change Order #3 (Cliff Road Water Treatment Plant) It was recommended that Change Order #3 to Contract 89 -13 (Cliff Lake Water Treatment Facility) be approved and the Mayor and City Clerk authorized to execute all related documents. T. Final Plat. Oaks of Bridgewater lst Addition R 90.85 It was recommended that the final plat for the Oaks of Bridgewater 1st Addition be approved. Gustafson moved, Wachter seconded a motion to approve the Consent Agenda with the exception of the following items which will be continued to the November 20, 1990 City Council meeting: O. Contract 90-16, Receive Bids /Award Contract (Woodlands North Addition Streets Utilities) P. Final Plat, Woodlands North Addition Q. Contract 90-16, Approve Change Order #1 (Woodlands North Addition Streets Utilities) Aye: 5 Nay: 0 [S i 3 Page 5/EAGAN CITY COUNCIL MINUTES November 8, 1990 Because it was not yet 7:00 p.m., public hearings could not begin. Therefore, City Administrator Hedges discussed a request by the Mayor of Woodbury, who is also Chairman of Metro East, asking the City to contribute to this organization. He said they are requesting S4,000 for each of the next four years. Mr. Hedges said the City presently pays $500 per year, however, this is not for a full membership. He asked the City Council if there was any desire to consider full membership and, if the City is interested, the Economic Development Commission could look into the matter further. Mayor Egan said that the Metro East organization is trying to assist economic development in the eastern portion of the St. Paul metro area. Mayor Egan said he was ambivalent about the City's involvement. He said he was reluctant to contribute such a large amount of money to Metro East until he could see some benefits. Councilmember McCrea said that it would be difficult to commit the City Council to $4,000 for each of the next four years. She said additional information would be needed and any contribution should be considered during the normal budget process. Mayor Egan added that review by the Economic Development Commission would probably be advisable. PUBil. fi�C 2IN VACATE PUBLIC RIGHT -OF -WAY WESCOTT GARDEN LOTS City Administrator Hedges said that because this project is related to the Woodlands North Addition and that final plat has not yet been approved, staff was recommending continuance of this item to the November 20, 1990 City Council meeting. McCrea moved, Wachter seconded a motion to continue the public hearing for the vacation of portions of public right -of -ways for Rodger Street, Birch Street and Cedar Street to the November 20, 1990 regular City Council meeting. Aye: 5 Nay: 0 VACATE PUBLIC RIGHT -OF -WAY THOMAS G. SLATER ADDITION (RUSTEN ROAD) After introduction by Mayor Egan, the City Administrator said that at the October 16 regular City Council meeting, the developer had presented a petition requesting the vacation of previously dedicated easement for roadway purposes for the cul -de -sac of Rusten Road. City Councilmember Wachter then asked about the turning radius for emergency vehicles on the cul -de- sac. Director of Public Works Colbert said that the cul -de -sac meets the standard radius. Fire Chief Southorn added that there were no safety concerns on the part of the Fire Department as the cul -de -sac met their turning radius requirements. There was no one in the audience to address the issue. Gustafson moved, Wachter seconded a motion to close the public hearing and approve the vacation of public roadway and utility easement within the Thomas G. Slater Addition (Rusten Road) and the Mayor and City Clerk were authorized to execute all related documents for recording at the County. Aye: 5 Nay: 0 PROJECT 466, PILOT KNOB ROAD SUPPLEMENTAL ASSESSMENT HEARING After introduction by Mayor Egan, the City Administrator said at the July 10 City Council meeting, the fmal assessment hearing had been held for Project 466 for the street and utility improvements associated with �i; 4.. C7 Page 6/EAGAN CITY COUNCIL MINUTES November 8, 1990 the Pilot Knob Road upgrade. Mr. Hedges said that at that time, one of the original underlying assessments had been overlooked. He said that this public hearing was being held to rectify that oversight. The Mayor then asked the Director of Public Works whether the property owners had been notified. Director of Public Works Colbert said that they had. There was no one in the audience to discuss this issue. McCrea moved, Gustafson seconded a motion to close the public hearing and approve the supplemental assessment for Project 466 (Pilot Knob Road) as it pertains to Lot 2, Block 1, Duckwood Crossing, in the amount of $9,927.64 and authorize certification to Dakota County for collection. Aye: 5 Nay: 0 oppmgmos CHANGE IN CONDITIONS FOR SPECIAL USE PERMIT U.S. WEST NEW VECTOR /SAFARI RESERVOIR After introduction by Mayor Egan, the City Administrator said that at the August 7 City Council meeting, a special use permit and lease for U.S. West New Vector had been approved to install facilities at the Safari Water Tower and to make various improvements necessary to service those facilities. Mr. Hedges said at issue was the approval of a condition allowing a six foot service road to access the facility. He said that the applicant was requesting that the width of this service road be increased to ten feet to allow service vehicles better access. Mr. Hedges said that a question from the management perspective was if only one or two trips were necessary per year, whether it would make sense to increase the width of the road. He added, however, that communications equipment for City installation in the future may require a once a week inspection. City Councilmember McCrea said she had viewed the site and had been favorably impressed with the results. She said it was unlikely that a three or four foot difference in the width of the road would have an adverse effect on the site. She then asked if the residents were notified regarding the change. Director of Community Development Runkle said that his department had re- noticed the residents. Councilmember McCrea then asked if any other comments had been received other than those from Paul Thomas of Meritor. Director of Community Development Runkle said that he had not received any other comments. The Mayor then asked if anyone from the public wished to address the issue. There was no public comment. The Mayor asked the Director of Community Development whether the retaining wall on the site would have to be removed. The Director of Community Development said that in order to widen the road, the wall would need to be reconstructed. Mayor Egan then noted the objections from Meritor Development. McCrea moved, Gustafson seconded a motion to amend a condition of the special use permit for U.S. West New Vector for the antenna equipment building at Safari Reservoir to allow an additional four feet, thereby increasing the access drive width to ten feet. Mr. Bill Buell, of Dahlgren, Shardlow and Uban, representing U.S. West New Vector, arrived late and asked for clarification of the motion. Mr. Buell pointed out that ten feet would barely allow access to the site with their vehicles and said that a twelve foot width would be more appropriate. Councilmember McCrea said that ten feet had been approved and that perhaps US. West New Vector should use smaller vehicles. Mayor Egan asked staff if ten feet would be adequate. Director of Public Works Colbert said that if ten feet was to be the maximum width, it should be a ten foot clearance zone and a different type of fencing should be considered. Councilmember Gustafson said, in clarification, that the ten foot width would be from edge to edge of surface and construction of any fence should be off the driveway. Aye: 5 Nay: 0 f Page 7/EAGAN CITY COUNCIL MINUTES November 8, 1990 SPECIAL HUNTING PERMIT /RONALD CORNWELL City Administrator Hedges said that in notifying the applicant that this item would be on the November 8 City Council agenda, it was learned that Mr. Cornwell wished to withdraw his application for a special hunting permit. Mayor Egan acknowledged that Mr. Cornwell had withdrawn his application and no action was taken on this item. SPECIAL USE PERMIT /TEMPORARY CELLULAR TELEPHONE ANTENNA WARREN DUNL 4 P /CELLULAR ONE MOBILE TELEPHONE COMPANY After introduction by Mayor Egan, the City Administrator said that this application did not require action by the Advisory Plan Commissio and had come directly to the City Council. Director of Community Development Runkle said that the application before the Council waslor a special use permit. He said that Cellular One was trying to get service in Eagan and had considered various alternatives but could not get a lease in place. Mr. Runkle said that Cellular One had identified a location for a permanent cell site at Parcel #10- 02100-010 -50; however, that property owner was not interested in a temporary arrangement. Mr. Runkle said that Cellular One was looking for approval of a temporary site at Parcel #10- 02100- 011 -07 on the east side of I -35E. He said that the temporary site would allow the applicant to provide better service immediately for their Cellular One customers and give them the opportunity to negotiate a more permanent site. Mr. Peter Beck, representing Cellular One Mobile Telephone Company, said that he had been working with Warren Dunlap in locating these facilities around the metro area. He said a temporary site had been found on the Todd Franz property and they were discussing a more permanent site on the Francis Franz property. Mr. Beck said that Cellular One had experienced service problems in the Eagan area and that it would be at least six months before a permanent site would be in service. Mr. Beck said that a temporary site would have a 100 foot antenna but when a permanent site is located, it would involve more antennas at lower heights. Mr. Warren Dunlap, also representing Cellular One Mobile Telephone Company, distributed a handout showing the temporary and permanent site locations. Mr. Dunlap said that Cellular One has thirty cell sites and anticipates six more by the end of the year including this one. He said they anticipate ten to twelve more in 1991. Mr. Dunlap said they have no site presently in Eagan and it is needed because all cells must be strategically placed to cover certain areas. After briefly explaining cellular technology, Mr. Dunlap said that they are currently experiencing over 200 complaints a month and that the Eagan area gives them the most problems with coverage. He said they are working toward a more permanent site, however, a temporary location is needed to meet demands. He said they have a one year lease at the temporary location and hope to have a more permanent site within four to five months, depending upon the weather. Councilmember Wachter asked Mr. Dunlap if it wouldn't be more advantageous for them to work on a permanent rather than a temporary site. Mr. Dunlap said they need to have the temporary site working immediately which would enable them to work on a more permanent site during that time. City Administrator Hedges said as a matter of public policy, a question had arisen whether antennas should be concentrated on public buildings or allowed to be constructed elsewhere throughout the City. Mr. Hedges said the City Council would probably wish to develop a public policy regarding antennas in the City. Mayor Egan asked the applicant if there was any reason they could not attach an antenna to one of the water towers within the City. Mr. Dunlap said they had tested the towers in the City and they do not provide the signal needed as does the temporary location. Mr. Beck then distributed pictures of what the permanent Page 8/EAGAN CITY COUNCIL MINUTES November 8, 1990 tower would look like. He also added that there are only two providers of cellular phones in the metropolitan area and they are U.S. West and Cellular One. He said this would be Cellular One's first tower in Eagan. Mr. Beck said that the next generation of towers would be lower and spread out more. At that time, they could possibly be placed on buildings. Councilmember Pawlenty said that rather than discussing a permanent site, the issue should be refocused on a temporary use. The Councilmember said he did not object to the temporary antenna as long as the time frame was defined He agreed that public policy would have to be addressed regarding antennas throughout the City. Councilmember Gustafson said he was prepared to act on this application and was more inclined to approve a one year temporary antenna to encourage Cellular One to think beyond 100 foot towers. He said because of new technology, towers of that height may not be needed in the future. He said that the year time frame for the temporary antenna would give staff and the City Council the opportunity to determine a policy regarding antennas in the future. Gustafson moved, McCrea seconded a motion to approve the request by Warren Dunlap of Cellular Mobile Telephone Company for a temporary antenna at the northeast corner of the overpass of I -35E by Deerwood Drive for a period not to exceed one year, subject to the following conditions: 1. This Special Permit shall become void upon approval of the permanent cell site facility. 2. The tower shall not be in excess if 100' in height. Mr. John Klein said that Mr. Francis Franz had asked him to speak on his behalf. He said Mr. Franz was willing to negotiate a permanent site with Cellular One; however, he said Cellular One was using this as a vehicle to get a permanent antenna on a temporary site. Mr. Klein said that before the City Council approved a temporary site, they should look at a more permanent site for the antennas. He said that attention should be given to the permanent site and if Cellular One did not negotiate in good faith, then a temporary site could be addressed. Councilmember McCrea said that the application before the Council was for a temporary site. She said she would not be in favor of approving an extension of an additional year at the expiration of the year approved with this special use permit. Mr. Klein said that if the intent is to eventually approve a permanent site, he asked why they would not apply for the permanent site at this time instead of asking for a temporary location. He said that the City Council should not approve the temporary antenna predicated on getting a permanent site. Councilmember Pawlenty said he did not agree that his vote would be predicated on a permanent site. He said his vote was for the temporary antenna only and when a permanent antenna was applied for, he would deal with it then. He said he was taking the application at face value. Councilmember Gustafson said allowing the temporary location for a period of one year would give the City an opportunity to make policy decisions on free standing towers. He also added that by the time a permanent location is necessary, the antenna may be affixed to a public building site. Mayor Egan added that the one year time frame would provide an opportunity to see state -of- the -art alternatives. Aye: 5 Nay: 0 SPECIAL USE PERMIT/TEMPORARY OUTDOOR SALES CUB FOODS After introduction by Mayor Egan, City Administrator Hedges said that the request before the Council was for a special use permit. He said that this application did not require action by the Advisory Planning Commission and had come directly to the City Council. Page 9/EAGAN CITY COUNCIL MINUTES November 8, 1990 Director of Community Development Runkle said this was a special use permit application to sell mini donuts on Saturdays and Sundays from 9:00 a.m. to 9:00 p.m. in the parking lot of the Cub Food Stores on Cliff Lake Road. Mr. Runkle said there were concerns regarding the location of the vehicle and access for pedestrians. Mr. Runkle added that the applicant, Mr. Duane Johnson, was not present. Councilmember Pawlenty suggested a continuance because the applicant was not present. Councilmember McCrea said she had noticed Mr. Johnson's van in the Cub Foods parking lot for some time. She said that Cub Foods needed to be sent a clear message that applications were not to be submitted after the fact. Mayor Egan said that after the last issue of sales in the parking lot at Cub Foods and after having gone to court regarding a fine for the continued sales, it should be clear that the City did not want unpermitted uses in the parking lot. Councilmember Pawlenty said he generally agreed with what had been said, however, he had been informed that the individual applying for the special use permit was handicapped. The Councilmember said if that information is correct, an effort could be made to accommodate the applicant. Mayor Egan said he would support a continuance. Councilmember Gustafson said it was his understanding that sales had occurred on the sidewalk next to the store. He asked the Director of Community Development whether the sidewalk sales would be in violation of the special permit ordinance. Director of Community Development Runkle said that any uses outside of the store would require a permit. McCrea moved, Gustafson seconded a motion to continue to the November 20, 1990 regular City Council meeting an application for a special use permit for Duane Johnson, Cub Foods, to allow the temporary sale of mini donuts in their parking lot. Aye: 5 Nay: 0 VARIANCE TO SIDEYARD SETBACK WATER HEATER INNOVATIONS After introduction by Mayor Egan, the Director of Community Development said that Water Innovations, Inc. was seeking a variance to allow the placement of two storage silos on the north side of the existing building leased from R.L. Johnson. He said the silos would contain polybutylene and polyethylene, plastic pellets that the company melts down to manufacture water heaters. Mr. Runkle said that the applicant was there to answer any questions. Mayor Egan asked whether there were any hazardous waste issues to be addressed. Director of Public Works Colbert said there were none that he was aware of. The Staff did have a question, however, in regard to the on -street parking necessary to unload the pellets. He questioned how long it would take to unload the trucks and asked whether or not the company could load from the parking lot. The applicant said the placement of the silos at this particular location because it was the only space available on the site that could then also be accessed by the trucks needed to load them. He said the silos could not be loaded from the parking lot because the distance would be too great for the vacuum tubes used in loading. Mr. Colbert then expressed concerns regarding the temporary loading which would occur on the street. He said that Meadowview Road was not built to industrial width and this loading would partially block the street to other traffic. Mayor Egan asked whether a continuance would be in order to allow staff to work with the applicant regarding this issue. Director of Public Works Colbert said that they would work with the applicant regarding a different arrangement for loading the silos. Councilmember Gustafson said he could understand the problems to the applicant but did have concerns regarding Ioading on a City street. He said it may be more appropriate for loading and aesthetics to place the silos on the west side of the building. He said if it were on that side of the building, tubing necessary to load the silos would not be that great a distance from the trucks. The applicant said they would try to find alternative locations on -site. Page 10/EAGAN CITY COUNCIL MINUTES November 8, 1990 Councilmember Wachter moved, Pawlenty seconded, a motion to continue a variance of 14 feet from the established sideyard setback of 20 feet for Water Heater Innovations at 3107 Sibley Memorial Highway to the November 20, 1990 regular City Council meeting. Councilmember McCrea said she would support a continuance for this application, however, felt these issues should have been raised sooner. Aye: 5 Nay. 0 REQUEST TO WAIVE SPRINKLING REQUIREMENTS TOWN CENTRE 100 5TH 0111 ADDITIONS After introduction by Mayor Egan, City Administrator Hedges said that this application did not require action by the Advisory Planning Commission and had come directly to the City Council. Director of Community Development Runkle said that staf had been working with the developer of Town Centre 100 5th Addition and had agreed that the two buildings proposed for the platted lots could be built without the requirement for fire sprinkler systems because they were platted before the July 16, 1990 adoption of the 1990 State Building Code. However, Mr Runkle said it had been pointed out to the applicant that any of the remaining buildings proposed would require the installation of the sprinlder systems because of the time lapse between the adoption of the new code and the final platting of Town Centre 100 8th Addition. Mr. Runkle said that the sprinlder system would result in additional costs of up to $1,000 per unit. Mr. Jim Sturton, representing Ventana Development Corporation, said they had been working on this project since the summer of 1988. He said a number of crises had been encountered, however, the past year they had been successful in identifying mortgages and lenders. Mr. Sturton said that his company had proceeded this summer with final platting, however, they did not want to final plat the next four buildings in order to push these expenditures into next year. He said it was not until they had applied for the building permits that they realized they could not pull a building permit before final plat approval. Mr. Sturton said his company had priced out the sprinlder system and had received estimates of from $1,700 per unit to as high as $2,200 per unit. He said this would result in an additional $150,000 per building. He said costs of this magnitude would almost scrap the plan. Mr. Sturton said in some reports from the City, it clearly states that the City requires compliance with the 1987 State Building Code. He said the City is now working with the 1990 Building Code, however, it would be expected that a period of adjustment would be allowed for new codes. Mr. Sturton said his company had worked long and hard to get to this point and this project is a very good one. He said that because this project has been in process for so long, he asked that they be allowed to comply with the 1987 code. Councilmember Pawlenty said he was troubled by the request. He then asked City Attorney Mike Dougherty if the City proceeded and allowed the developer not to install the fire sprinkler system, what the potential for City liability would be. City Attorney Mike Dougherty said that the State Fire Code is referenced in the State Uniform Building Code, which was modified and adopted in July of 1990. He said the City could be more restrictive than the UBC, but not less. He said the City could be culpable if it loosened the restrictions. Mayor Egan then pointed out that the City had suffered a major apartment fire in 1987 making it even more unadvisable to deviate from the fire code. Pawlenty moved, Egan seconded a motion to deny a request by Ventana Development Corporation to waive sprinkler requirements for the Waterford Apartments located in Town Centre 100 8th Addition. Aye: 5 Nay. 0 J Page 11/EAGAN CITY COUNCIL. MINUTES November 8, 1990 CONDITIONAL USE PERMIT/DAYCARE FACILITY SICK KID CARE After introduction by Mayor Egan, the Director of Community Development said that this was an application for a conditional use permit for Sick Kid Care, a division of Nursing Care Service Professionals, Inc., to allow sick child daycare in a Community Shopping Center district. He said this type of use had been deemed similar for CSC. He said the facility would be located in the old Baskin Robbins building near the Cedarvale Shopping Center. Mr. Runkle said the proposed use would occupy approximately 2,500 square feet of the building and approximately 15 to 20 children would be cared for per day. Mr. Runkle said that the Advisory Planning Commis ion had reviewed the application and had recommended approval. Mr. John Fitzgerald, representing the applicant, and Ruth Madsen of Sick Kid Care were present to answer any questions. Councilmember McCrea said she had seen other facilities of this type and they had not been able to become fmancially viable. She asked the applicant if they had not been successful. She asked if the applicant had facilities in other communities. Ms. Madsen said they did and that she is the founder of another sick child daycare operation called Chicken Soup. Pawlenty moved, Gustafson seconded a motion to approve the conditional use permit for Sick Kid Care to allow a daycare facility in a CSC (Community Shopping Center) district located at 3989 Sibley Memorial Highway in the northeast quarter of Section 19, subject to the following conditions: 1. All state and county health department requirements shall be adhered to. 2. Improvements to the building and adjacent areas as stated in this report shall be made within one year of approval. 3. Signage shall comply with all sign code requirements and shall be subject to a one -time sign fee of S2.50 per square foot. 4. All other applicable City codes shall be complied with. Aye: 5 Nay. 0 REZONING /BOYLE ADDITION /PRELIMINARY PLAT After introduction by Mayor Egan, the City Administrator said that this item had been heard by the Advisory Planning Commission at their October 23 meeting and they were recommending approval. He said the APC had also recommended the addition of two conditions: 1) that a shared driveway agreement be recorded with the City and County when the Boyle home is sold and 2) Lot 1 will be 60 feet wide at the right -of- way line. The Director of Community Development said that the application consisted of a rezoning of approximately five acres from agricultural to single -family and a preliminary plat consisting of two lots for the Boyle Addition. Mr Runkle said that the applicant would like to split the lots so they can sell the existing home while maintaining ownership of the newly created lot. Eventually they would like to move back to Eagan and build a new home on this property. Mr Runkle said that the applicant was out of town and Del Schwanz, the surveyor, was also unable to attend the meeting. After brief discussion, Wachter moved, Gustafson seconded a motion to approve the rezoning of approximately five acres from AG (Agricultural) to R -1 (Single- Family). Aye: 5 Nay: 0 Wachter moved, Gustafson seconded a motion to approve a preliminary plat consisting of two lots for the Boyle Addition located along the south side of Deerwood Drive in the southeast quarter of Section 22 subject to the following conditions: Page 12/EAGAN CITY COUNCIL MINUTES November 8, 1990 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, Bl, B3, Cl, C2, D1, El, Fi, Gi and Hl. 2. When development on Lot 2 occurs, City utility installation shall be required. 3. The development is responsible for providing a cash dedication in accordance with the requirements as identified in the City's Comprehensive Water Quality Management Plan. Aye: 5 Nay: 0 4. The development is responsible for executing the appropriate waiver to insure the City that the development pay its share of the costs of the public infrastructure extension adjacent to the properties. 5. The development is required to provide a forty foot half right -of -way for Deerwood Drive. 6. The landowners are required to record a shared driveway agreement. PRELIMINARY PLAT /BEST BRANDS INC. 7. The development is required to meet the sixty foot frontage requirement at the street for Lot 2. After introduction by Mayor Egan, the City Administrator said that the item had been considered by the Advisory Planning Commission at their October 23, 1990 meeting and they had recommended approval. Director of Community Development Runkle said the application was for a preliminary plat located on the north side of Yankee Doodle Road, west of Highway 13. He said that Best Brands had been located in Eagan for fourteen years and employs approximately 110 people. He said they had submitted a waiver of plat to split Lot 8, Block 2, Sibley Terminal Industrial Park. However, because the request was to split Lot 8 for the second time and adjoin it to Lot 10, staff requested that they plat the property as Lot 1, Block 1, Best Brands Addition. The 7.63 acre site is located directly north along Yankee Doodle Road, east of Terminal Drive, south of Sibley Terminal Industrial Park, and west of Highway 13. He said that presently the site has two existing buildings and an 18,450 square foot addition under construction. A future addition of approximately 28,200 square feet to the north side of the existing buildings was also included in their proposal. Councilmember Pawlenty said that Best Brands should be commended for the extra effort they have gone to in trying to improve the area. Gustafson moved, Wachter seconded a motion to approve the preliminary plat for Best Brands Addition consisting of approximately 7 previously zoned light industrial acres along the north side of Yankee Doodle Road and west of Highway 13 in the southeast quarter of Section 8, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990, shall be complied with: Al, B1, B2, Cl, C2, DI, El, Fl, Gi, and Hl. 2. The development is required to provide a cash dedication for fulfillment of the water quality requirements of the development in accordance with the City's Water Quality Management Plan. 3. An additional five feet of utility easement is required along the 30 -inch sanitary sewer located along the easterly property line of the development. Page 13/EAGAN CITY COUNCIL MINUTES November 8, 1990 4. An additional ten feet of utility easement is required for the existing 24 -inch storm sewer which serves the westerly adjacent property to the development. 5. The development will be required to submit a detailed watermain and hydrant layout plan to the City for review of the fire protection and water supply requirements of the building expansion. 6. The proposed parking lot expansion is required to be constructed in accordance with City Codes and standards. Aye: 5 Nay: 0 COMPREHENSIVE PLAN AMENDMENT/REZONING POSTAL FACILITY/DEW PROPERTIES After introduction by Mayor Egan, the City Administrator said that this item had been considered by the Advisory Planning Commission at their October 23 meeting and they had recommended denial. Mr. Hedges said that once the comprehensive guide plan amendment had been denied, no action was taken on the rezoning question. Mr. Hedges said that the vote was 4 to 3 and the Commission had expressed frustration at not being able to debate the issues of this federal project. Director of Community Development Runkle said that this was a proposal to comp guide and rezone three acres south of Diffley and east of Johnny Cake Ridge Road. He said that while staff would prefer that the site be moved further north, it is presently proposed in a location near the proposed school development with R -4 both north and south of the site. Mr Runkle said the Post Office was requesting a rezoning to LB (Limited Business) and concerns had been expressed that the zoning would allow other uses in the future if the facility is ever converted or sold. He said that a zoning change to a planned development district allowing only a postal facility with an approved site plan would protect the City and give the City more control of its use in the future. Mr. Jim Christiansen, a real estate specialist with the Postal Service, .said that one concern expressed at the public hearing was the amount of truck traffic that would frequent this facility. He said he had asked the current branch manager of the Eagan Post Office to provide information on the type of truck traffic the City could expect. Mr. John Junek, Manager of the Eagan branch, said that right now they have 44 carrier routes. He said there are seven large vehicle runs consisting of tractors and /or trailers beginning at 2:15 a.m. and then at various intervals until 8:00 p.m. He said they were anticipating 35 postal vehicles at the new facility with drivers arriving between 6:00 and 6:30 a.m. and leaving on their routes at approximately 10:00 a.m. The route carriers would then return at 2:00 p.m. Mr. Junek said that approximately 1,000 customers visit the Lexington facility daily. He said while no figures were available on the new facility, he estimated that between 600 and 700 customers per day would be served. He added that the present Eagan branch is used heavily by surrounding business personnel. He said the peak times for the post office are in the early morning, noon and then again after work. He said approximately 2/3 of the customers served by the Eagan branch would go to the new facility. Mayor Egan said that he uses the post office now at 6:00 p.m. and it is very busy at that time. Mr. Junek said the majority of those customers were coming from small businesses in the area. Mr. Christiansen said that one of the reasons they picked this particular location was the on and off access from the freeway for their large vehicles. Mayor Egan said that other locations could meet that criteria and asked whether any other locations had been studied. Mr. Christiansen said they had found that a postal facility was not a permitted use anywhere in the City. He said they had looked at several locations but thought that this site would remove the least amount of property from the tax rolls, would remove some R-4 zoned property from the City rolls and would serve as a buffer between the RB zoning to the north and the R-4 to the south of the facility. Mr. Christiansen said it was post office policy to condition the facility on a zoning that would provide a viable re -use. He pointed out, however, that the only way this property would be resold was Page 14/EAGAN CITY COUNCIL MINUTES November 8, 1990 if the facility became too small to serve the needs of the community. Mr. Christiansen said that the present zoning is R-4 and that an LB zoning would be the least intrusive. He added that a postal use would be a relatively benign use and even some members on the APC said they would prefer the LB to multi -family zoning. Mayor Egan asked Mr. Christiansen whether the facility was somewhat larger than the Lexington building. Mr. Christiansen said that it was in order to be responsive to the City's needs. He said the hours would be relatively compatible with residential use. Mr. Christiansen said that two members from the EHW Properties were available to answer any questions. Councilmember Gustafson said that he appreciated the post office's sensitivity to the tax rolls and the R-4 situation. He asked what problems would be encountered if the facility were to move closer to the intersection of Diffley Road and Johnny Cake Ridge Road. Mr. Christiansen said there were sub -soil problems closer to the intersection and Diffley Road did not allow access to the property anyway. He said moving the facility further north would involve a median in front of the facility allowing only right in or right out and not full access. In addition, Mr. Christiansen said they would not need property of that size. He said he was not certain how ordinances in the City related to interior versus exterior parking, but part of the building was strictly for interior parking. Director of Community Development Runkle said that buildings would be allowed 35 percent maximum lot coverage regardless of their use. Councilmember Pawlenty said moving the facility further north would seem to get the post office further away from the school and residential area. He asked if the median could be redesigned. Director of Public Works Colbert said that the median as designed would seem to facilitate traffic movement. He said that the street and median design were in anticipation of future use and could not easily be changed. Councilmember Gustafson said he was in favor of another post office but did not appreciate this location. He said he also would like to see the facility moved further north where it would abut the RB zoning. He said this would then have commercial adjoining commercial. Mayor Egan then asked the Director of Community Development whether EHW Properties owned the property to the north that was under discussion. Mr. Runkle said that they did. Councilmember Gustafson said the facility would be subject to heavy traffic and, in addition, would probably be necessary in the not too distant future. He said the site appears not to meet City requirements regarding lot coverage and that the post office may need to look at a larger parcel. Mayor Egan then acknowledged a petition received from the neighbors in the area and asked for public comment. Mr. John Verhaeghe said he had circulated a petition regarding their major concerns as they relate to traffic, the school and the park. He said if 600 to 700 cars could be anticipated, the peak times for these customers would be during school hours. Mr. Verhaeghe also expressed concerns regarding the City's losing control of what would be brought in if the facility were ever sold and added that changing from residential to commercial would be against the philosophy of the City Council. Mr. Verhaeghe said it was inappropriate to build a post office so close to a school and park but he said moving the site further north would not alleviate the residents' concerns about traffic. Mr. Calvin Eich, 1747 Drake Drive, also had concerns regarding a rezoning to commercial. He said the traffic would be burdensome in a residential neighborhood. He said a number of children have to cross the street to get to school and the added traffic would be a hazard. Mayor Egan said that this site would generate 1,000 or 1,000+ visits. He asked the Director of Public Works what impact that would have on Johnny Cake Ridge Road. Director of Public Works Colbert said that Johnny Cake Ridge Road was upgraded to handle the ultimate commercial development. He said it was built to anticipate five figure trips per day and it should handle the amount of traffic anticipated. Page 15/EAGAN CITY COUNCIL MINUTES November 8, 1990 Elijah Mobley, of 4160 Nestling Circle, said this was the wrong place to put a post office and it would be too dose to the school Mr. Mobley said that it would appear that the facility could be put in a different area to handle a post office of that magnitude. He said that an elementary school would have neighborhood school buses that would have to contend with the traffic anticipated for the post office. Councilmember McCrea then asked those in attendance whether they would have bought their homes had they known what would be built in the area. All agreed that they would not have. Councilmember McCrea said she was concerned about the safety issues and did not feel this was an appropriate location. Mr. John Verhaeghe said that 600 -700 people would be coming to this facility who do not have a vested interest in the neighborhood other than the post office. He said Target and Cub were built in Eagan near a school; however, the City made certain there was a buffer between them. Mr. John Junek said that the majority of the evening traffic would stay at the Lexington facility. He said the new post office would serve mainly residential customers and surrounding businesses. Mr. Junek said that the majority of industrial users are in Zone 21. He said that peak hours in the a.m. and p.m. would be limited at the new facility as most commercial and industrial users would stay with the Lexington post office. Councilmember Pawlenty said at the minimum, he would like to see the facility shifted north. He said that this location was not going to work. Mayor Egan asked the Director of Community Development whether staff could work with the post office to find an alternate site. Mr. Runkle said that staff had attempted to assist the Post Office in the past and would again try to find an alternate site. McCrea moved, Gustafson seconded, a motion to deny a Comprehensive Guide Plan amendment from D -II (mixed residential, 0-6 units per acre to LB (1 amited Business) for a United States Postal Facility proposed to be located along the east side of Johnny Cake Ridge Road in the NE 1/4 of Section 15. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA RESIGNATION /GEORGE TRAYNOR ECONOMIC DEVELOPMENT COMMISSION After introduction by Mayor Egan, the City Administrator said that George Traynor had made an excellent contribution to the Economic Development Commission and hated to see him leave. Gustafson moved, Wachter seconded, a motion to accept with regret the resignation of George Traynor as a member of the Economic Development Commission and direct the City Administrator to include that vacancy as a part of the organizational business in January 1991. Aye: 5 Nay. 0 WINTER RECREATION PROPOSED CHANGES Gustafson moved, McCrea seconded, a motion to approve the recommendation that an alternate site not be provided during the closure of the Well Site Rink and the recommendation to change the skating hours at three rinks. Aye: 5 Nay. 0 SPECIAL CITY COUNCIL MEETING Wachter moved, Gustafson seconded, a motion to approve a special City Council meeting for November 27, 1990, for the purpose of meeting with the Advisory Planning Commission and final review of the proposed 1991 budget. Aye: 5 Nay. 0 Page 16/EAGAN CITY COUNCIL MINUTES November 8, 1990 CHECKLIST Wachter moved, Egan seconded, a motion to approve the checklist dated October 31, 1990, in the amount of $2,017,56850 and the checklist dated November 6,1990, in the amount of $2,363,595.97. Aye: 5 Nay. 0 EXECUTIVE SESSION /ADJOURNMENT The City Council adjourned the regular meeting to an executive session to consider attorney /client privileged information at 10:02 p.m. Those in attendance were Mayor Egan, Coundlmembers Gustafson, McCrea, Pawlenty, and Wachter, City Administrator Hedges and City Attorney Sheldon. The executive session was adjourned at 10:20 p.m. CITY OF EAGAN Overbeke, City Clerk KF