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10/06/1998 - City Council Regular00348 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota October 6,1998 A regular meeting of the Eagan City Council was held on Tuesday, October 6, 1998 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin and Blomquist. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. AGENDA Councilmember Wachter moved, Councilmember Masin seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OF THE SEPTEMBER 14,1998 REGULAR MEETING Councilmember Masin requested that on page 2, the last sentence in the eighth paragraph should read as follows, "She noted that in the City of Burnsville eight public properties are designated as acceptable locations where campaign signs may be placed." She also requested that on page 9, the last sentence in the first paragraph should be revised as follows, "Couucilnzembers indicated that obtaining resident feedback was the main reason for the continuance." Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 MINUTES OF THE SEPTEMBER 14,1998 SPECIAL MEETING Councilmember Wachter moved, Councilmember Masin seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 VISITORS TO BE HEARD Barbara Sutherland, Campaign Chairperson for Meg Tilley, asked Mayor Egan about statements that were made by him in a letter he sent to all Eagan residents regarding Ms. Tilley's position on the Aquatic Facility issue. Mayor Egan responded that he had received some information firsthand and other individuals had told him of information they had witnessed firsthand. Ms. Sutherland stated that Ms. Tilley's campaign has been portrayed as being based on this one issue only. She further stated that there are several issues in the City that Ms. Tilley is concerned with other than the Aquatic Facility. Mayor Egan apologized if that was the impression that was conveyed by the letter and added that he knows Ms. Tilley is not running a one issue campaign. RECOGNITIONS & PRESENTATIONS PRESENTATION OF A CHECK BY THE EAGAN LION'S CLUB TO THE EAGAN FIRE DEPARTMENT TOWARD THE PURCHASE OF A CAIRNSIRIS THERMAL IMAGING SYSTEM City Administrator Hedges provided an overview on this item. Fire Chief Jensen commented on the donation by the Lion's Club and said it was greatly appreciated. Mayor Egan also thanked the Lion's Club on behalf of the City Council for their generous donation. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a 98-80 resolution* accepting a $30,000 donation from the Eagan Lion's Club to be used toward the purchase of a CairnslRIS helmet. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 6,1998 00349 PAGE 2 *Upon the advice of the City Attorney, formal resolutions will be prepared from this point forward to formally accept all donations to the City. RECOGNITION OF WEST GROUP'S RECEIPT OF COMMUTER AWARD City Administrator Hedges provided an overview on this item. Tom Wolrath, representing West Group, thanked the Metropolitan Council and Metro Commuter Services for the receipt of the award. He commented on the efforts being undertaken by West to promote and encourage the reduction of commuter traffic. Elizabeth Kautz, Chairperson of the MVTA and Mayor of Burnsville, commented on the partnership and collaboration between West Group and the MVTA and how this will ensure a plentiful labor force in the community. CONSENT AGENDA In regard to Item D, Proclamation, Cities Week, October 5-11,1998, Councilmember Masin asked what activities are being undertaken by the City in recognition of Cities Week. Communications/ Recycling Coordinator Foote identified a number of events that have occurred recently and those events that will be occurring in recognition of Cities Week. Councilmember Masin asked that the proclamation be shown on cable this week. In regard to Item T, Vacate easement (Park Center 5th Add.) - receive petition, schedule public hearing, City Administrator Hedges stated that the public hearing date should be changed from November 3, 1998 to November 2, 1998. A. Personnel Items Item 1. It was recommended to approve the hiring of Tom Struve as Public Works Coordinator/ Administrative Assistant. Item 2. It was recommended to approve the hiring of Susan Marks-Kerst, Amanda Helebrant, Patty Brown, Joshua Austad, Kim Moen and Kari Craighead as part-time seasonal skating instructors. Item 3. It was recommended to approve the hiring of Gretchen Kirpach, Crystal Stichter, Holly Van Ort, Andrea Duleh and Beth Krutzig as part-time seasonal substitute skating instructors. Item 4. It was recommended to approve the hiring of Kathy Jordahl, Heather Kurata, Michelle Romjue and Stacey Folden as part-time skating school helpers. Item 5. It was recommended to approve the hiring of Brad Champlin as a part-time seasonal football official. Item 6. It was recommended to approve the hiring of Lindsey Carter, Vinny Crouch and Torie Van Horne as part-time seasonal concession stand workers in the civic arena. - Item 7. It was recommended to approve the hiring of Megan Cullen, Daniel Norsten and Jeff Peterson as part-time seasonal skate guards in the civic arena. Item 8. It was recommended to approve the hiring of Ryan Darwitz as a part-time seasonal supervisor in the civic arena. EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 6, 1998 PAGE 3 0030® Item 9. It was recommended to approve the hiring of Cory Knaffla as a seasonal parks maintenance workers. B. Resolution authorizing execution of agreement, Community Oriented Policing (COPS) Grant 98-81 (Overtime). It was recommended to approve a resolution authorizing the execution of the Cooperative Agreement with the Minnesota Department of Public Safety for the project entitled Community Oriented Policing (COPS) Grant (Overtime) and authorizing Chief of Police Patrick Geagan to execute such agreements and amendments as are necessary to implement the project on behalf of the Eagan Police Department. C. Approve 1999 Landfill Abatement Grant Application. It was recommended to approve the 1999 Landfill Abatement Grant application. D. Proclamation, Cities Week, October 5-11,1998. It was recommended to proclaim the week of October 5-11 to be Cities Week in the City of Eagan. 98-82 E. Proclamation, Minnesota Manufacturers Week, October 12-16, 1998. It was recommended to proclaim 98-83 October 12-16 to be Manufacturers Week in the City of Eagan. F. Set public hearing, final assessment of delinquent false alarm bills. It was recommended to set a public hearing for November 2, 1998 to consider the final assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. G. Request for public hearing - certification of delinquent utilities, November 2, 1998. It was recommended to schedule a public hearing for November 2, 1998 to consider certification of delinquent utility balances to Dakota County for collection with property taxes. H. Approve 1998/1999 D.A.R.E. and Police Liaison Agreement between School District #196 and the City of Eagan. It was recommended to approve the agreement for 1998/1999 D.A.R.E. and police liaison services between School District #196 and the City of Eagan. I. Recommendation, Airport Relations Commission, Noise Abatement Departure Profile Contour Analysis. It was recommended to approve a recommendation by the Airport Relations Commission requesting that the Metropolitan Airports Commission perform noise contour analysis based on its study of profile altitude data. J, Recommendation, Airport Relations Commission, engine run up noise suppressor and ground noise attenuation. It was recommended to approve a recommendation by the Airport Relations Commission supporting the implementation of noise walls to diminish engine run-up test noise and recommending further study of the mitigation of other sources of ground noise. K. Project 751, authorize feasibility report, Dodd Road - Cliff Road to Butwin Road (Street Upgrade & Utility Improvements). It was recommended to authorize the preparation of a feasibility report for Project 751 (South Dodd Road - Street Upgrade & Utility Improvements). L. Project 752, authorize feasibility report, Tohnny Cake Ridge Road - Cliff Road to Woodgate Lane North (Street Overlay). It was recommended to authorize the preparation of a feasibility report for Project 752 (Johnny Cake Ridge Road - Street Overlay). M. Project 753, authorize feasibili report, Thomas Lake Road - Cliff Road to Diffley Road (Street Overlay). It was recommended to authorize the preparation of a feasibility report for Project 753 (Thomas Lake Road - Street Overlay). EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 6, 1998 00351 PAGE 4 N. Project 754, authorize feasibility report, Hilltop Estates (Street Overlay). It was recommended to authorize the preparation of a feasibility report for Project 754 (Hilltop Estates - Street Overlay). 0. Project 755, authorize feasibility report, Meadowland 151 Add. (Street Overlay). It was recommended to authorize the preparation of a feasibility report for Project 755 (Meadowland 1st Addition - Street Overlay). P. Project 756, authorize feasibili , report, Woodgate Lane (Street Overlay). It was recommended to authorize the preparation of a feasibility report for Project 756 (Woodgate Lane - Street Overlay). Q. Project 757, authorize feasibility report, Ridgeview Acres & Rose Hill Additions (Street Overlay). It was recommended to authorize the preparation of a feasibility report for Project 757 (Ridgeview Acres & Rose Hill Additions - Street Overlay). R. Project 758, authorize feasibility report, Surrey Heights (Street Overlay). It was recommended to authorize the preparation of a feasibility report for Project 758 (Surrey Heights Addition - Street Overlay). S. Contract 98-03, approve final payment, authorize City maintenance, Oak Chase Additions (Street Reconstruction). It was recommended to approve the final payment for Contract 98-03 (Oak Chase Additions - Street Reconstruction) in the amount of $40,558.78 to McNamara Contracting, Inc., and accept the improvement for perpetual City maintenance subject to warranty provisions. T. Vacate easement (Park Center 5th Add.) - receive petition, schedule public hearing. It was recommended to receive the petition to vacate a sidewalk easement Document No. 13005774, and schedule a public hearing to be held on November 2, 1998. U. Project 733, receive final assessment roll/order public hearing (McKee Add. - Street Reconstruction & Utility Imp.). It was recommended to receive the Final Assessment Roll for Project 733 (McKee Additions - Street Reconstruction and Utility Improvements) and schedule a public hearing to be held on November 2,1998. V. Contract 98-13, approve final payment, authorize City maintenance, McKee Add. (Street Reconstruction & UtiliImp.). It was recommended to approve the final payment for Contract 98-13 (McKee Additions - Street Reconstruction and Utility Improvements) in the amount of $90,629.26 to Danner, Inc., and accept the improvement for perpetual City maintenance subject to warranty provisions. W. Contract 97-11, approve final payment, authorize City maintenance, Old Sibley Hwy. (Street & Utili . It was recommended to approve the final payment for Contract 97-11 (Old Sibley Highway - Street and Utility Improvements) in the amount of $22,389.99 to Ryan Contracting, Inc., and accept the improvement for perpetual City maintenance subject to warranty provisions. X. Contract 98-24, approve plans/authorize ad for bids, Blue Gentian & Blue Water Road (Utilities). It was recommended to approve the plans for Contract 98-24 (Blue Gentian Road and Blue Water Road - Utility Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, October 29,1998. Y. Approve change in ownership for on-sale malt liquor license holder, Parkview Golf Club, L.L.C. It was recommended to approve change in ownership for on-sale malt liquor license holder, Parkview Golf Club, L.L.C. Z. Change order, Airliner & Spruce demolition project. It was recommended to approve a change in the scope of the demolition contract for the Airliner and Spruce Motels. EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 6,1998 00352 PAGE 5 AA. Drainage concerns, Greensboro Add. (Storm Sewer Improvements). It was recommended to continue the action regarding the construction of storm sewer improvements within Lots 1 and 2, Block 4, Greensboro 2nd Addition to the second City Council meeting in March, 1999. BB. Final Plat - Parkview Golf Club. It was recommended to approve the Final Plat for Parkview Golf 98-84 Club located south of Cliff Road and east of Pilot Knob Road in the NW quarter of Section 34. CC. Final Subdivision - Ronald Ruth and James Schmidt for Deer Rest Pond Addition. It was 98-85 recommended to approve a Final Subdivision, Deer Rest Pond, consisting of four lots on 2.86 acres located between James Court and Rusten Road in the SW 1/4 of Section 31. DD. Final Subdivision & Final Planned Development - The Home Depot Inc. for Lexington Second 98-86 Addition. It was recommended to approve a Final Subdivision (Lexington Second Addition) consisting of two lots and two outlots on approximately 59 acres generally located between east of Lexington Avenue and north of Northwood Parkway, south of the U.S.P.S. Bulk Mail Center in the SE'/4 of Section 10. EE. Request for a footing and foundation permit - The Home Depot, Inc. It was recommended to approve a footing and foundation permit to allow construction to begin for the Home Depot store located on Lot 1, Block 1, Lexington Second Addition, prior to final City approvals and recording of the final plat. FF. Final Planned Development - Lot 4, Block 2, Eagandale Office park 2nd Addition. It was recommended to approve a Final Planned Development to allow construction of a two-story office building on Lot 4, Block 2, Eagandale Office Park 2nd Addition, in the NW 1/4 of Section 3. GG. Modification to the Conditional Use Permit for the Marice Senior Housing to allow 156 units. It was recommended to approve a change to the Conditional Use Permit for a retirement home to increase the number of units in the facility from 151 to 156. HH. Variance extension - Dorothy Baker for a 5' setback from the public right-of-way for Lot 9, Block 4, Cedar Grove No. 1. It was recommended to approve a one (1) year extension of an approved five (5) foot Variance to the required thirty (30) foot building setback from a public right-of-way for Lot 9, Block 4, Cedar Grove No. 1. II. Vacate easement (Gopher Eagan Industrial Park 15t Add.) - receive petition, schedule public hearing. It was recommended to receive the petition to vacate Kutoff Drive and Yankee Doodle Court rights-of- way, and schedule a public hearing to be held on November 2,1998. JJ. Approve the list of election judges for the General Election on November 3, 1998. It was recommended to approve the list of election judges for the General Election on November 3,1998 as attached in Exhibit A. KK. Renew snow & ice control contractual services contract, Gallagher, Inc. It was recommended to renew the existing Snow and Ice Control Services Contract with Gallagher, Inc. for 1998-1999 at the same rates. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA BID PACKAGES 7 AND 8, EAGAN AQUATIC FACILITY City Administrator Hedges provided an overview on this item. Director of Parks and Recreation Vraa discussed the types of trees that will be planted on the site. EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 6,1998 PAGE 6 councilmember Awada moved, Councilmember Wachter seconded a motion to award Bid Package 7 (fencing and related work) to Midwest Fence in the amount of $31,880 and Bid Package 8 (landscaping, turf and related work) to Economy Landscaping in the amount of $166,757. Aye: 4 Nay (Councilmember Blomquist opposed) City Administrator Hedges mentioned that over 340 order forms have been received for the Eagan Forever Green program and added that additional orders are still being accepted. He noted that the Eagan Foundation received a $5,000 donation from Dakota Electric Association. Councilmember Blomquist commented that DEA has suggested that dwarf trees be offered for sale during the next round since they can be planted underneath power lines. City Administrator Hedges commented on the employees who were nominated for the EVERY Step of the Way awards and said that their names were placed on cable and also referenced the "Community Journal" cable program and added that more efforts are being made to promote public access. City Administrator Hedges stated that he received a memo from the Eagan Historical Society indicating that at their last meeting they took action to place Councilmember Wachter's portrait in the Council Chambers next to the Council Conference Room, name the Council Conference Room the Ted Wachter Conference Room and place Ted Wachter memorabilia in the display case outside the Council Chambers. He said that the Historical Society would like to proceed with these requests this fall and are asking for Council approval of this recommendation. Councilmember Awada stated that this recommendation is more than appropriate. Mayor Egan concurred and added that he could not think of a person more deserving of this honor than Councilmember Wachter. Councilmember Wachter said that he was very appreciative of this recognition. Councilmember Awada moved, Councilmember Masin seconded a motion to accept the recommendation of the Eagan Historical Society to designate the Council Conference Room as the Ted Wachter Conference Room, to place a portrait of Councilmember Wachter near the conference room and to display Ted Wachter memorabilia in the display case outside the Council Chambers. Aye: 4 Nay: 0 (Councilmember Wachter abstained) PUBLIC HEARINGS VACATE DRAINAGE AND UTILITY EASEMENTS - LOT 3, BLOCK 3, WESCOTT GARDENS OO3 3 City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one wishing to speak, he turned the discussion back to the Council. Councilmember Awada moved, Councilmember Masin seconded a motion to close the public hearing and approve the vacation of a public easement within Lot 3, Block 3, Wescott Gardens and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 VARIANCE, STEPHEN F. WESTERLUND (LOT 10, BLOCK 3, HILLTOP ESTATES) 1373 BERRY RIDGE ROAD City Administrator Hedges provided an overview on this item. He distributed a letter that was sent to Senior Planner Ridley from the Board of Directors of the Pines Homeowners Association which state that they are in support of the variance request. He noted that the applicants had sent a letter to each Councilmember inviting them to attend a neighborhood meeting at their home on Thursday EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 6, 1998 00354 PAGE 7 evening. He further noted that the information did not get relayed to the Council prior to Thursday and he apologized to the Westerlunds for that misunderstanding. Stephen Westerlund indicated he was available for questions. Mayor Egan asked if it would be more feasible for the applicants to acquire a portion of the Pines Condominiums' property. Mr. Westerlund explained that they had investigated that possibility but it was not cost effective to do so. He stated that their variance request is being modified from a zero setback to an eight inch setback. He further stated that the soffit will not hang over onto the Pines' property. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one wishing to speak, he turned the discussion back to the Council. He said that he felt hardship was proven for the variance. Councilmember Blomquist moved, Councilmember Awada seconded a motion to close the public hearing and approve a four foot, four inch Variance to the required five (5) foot accessory structure setback from the side property line in a single family zoning district for Lot 10, Block 3, Hilltop Estates. Aye: 5 Nay: 0 VACATE DRAINAGE AND UTILITY EASEMENTS, LOT 10, BLOCK 3, HILLTOP ESTATES Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council. Councilmember Blomquist moved, Councilmember Awada seconded a motion to close the public hearing and approve the vacation of a public easement within Hilltop Estates and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 VARIANCE - SCOTT RANKE (LOT 11, BLOCK 4, CEDAR GROVE NO.4) 2085 QUARTZ LANE City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Mayor Egan stated that the variance request is logical and reasonable. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one wishing to speak, he turned the discussion back to the Council. Councilmember Wachter commented that there have been numerous similar variances granted in this area. Councilmember Wachter moved, Councilmember Blomquist seconded a motion to close the public hearing and approve a 3 foot Variance from the 10 foot side yard setback requirement applicable to Lot 11, Block 4, Cedar Grove No. 4. Aye: 5 Nay: 0 BUILDING MOVE PERMIT - JOHN E. WINZIG City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one wishing to speak, he turned the discussion back to the Council. Councilmember Wachter moved, Councilmember Awada seconded a motion to close the public hearing and approve a building move permit to move a 40' x 28' garage from 810 Lone Oak Road to 710 Lone Oak Road legally described as Lot 012, Block 11, Moss Addition (P.I.D. #10-48700-012-00) subject to the following condition: EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 6, 1998 PAGE 8 A building permit for the foundation would be applied for and issued prior to construction. Aye: 5 Nay: 0 PROJECT 729, FINAL ASSESSMENT HEARING WILDERNESS RUN 5TH & 6TH ADD. (STREET OVERLAY) L L 43 5i City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. Joann Mariner, 1261 Easter Lane, questioned why a twin home is assessed at the same rate as a single family dwelling. Director of Public Works Colbert explained the City's assessment policy. Mayor Egan added that the rate is calculated according to front footage as well as traffic generation. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. He commented on the petition that had been received from a number of property owners who were in favor of this project. He noted that the bids received were lower than estimated. Councilmember Awada moved, Councilmember Wachter seconded a motion to close the public hearing and approve the final assessment roll for Project 729 (Wilderness Run 5th and 6th - Street Overlay) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) PROJECT 725, FINAL ASSESSMENT HEARING OAK CHASE ADD. (STREET RECONSTRUCTION) City Administrator Hedges provided an overview on this item. He noted that a letter was submitted by a number of property owners in the Oak Chase neighborhood requesting this item be continued to the October 20, 1998 City Council meeting. Councilmember Awada moved, Councilmember Wachter seconded a motion to continue Project 72,5, Oak Chase Addition, final assessment hearing to the October 20, 1998 City Council meeting. Aye: 4 Nay: 0 (Councilmember Blomquist abstained since the project involves her property.) VACATE PUBLIC RIGHTS-OF-WAY AND EASEMENTS, LEXINGTON ADDITION City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one wishing to speak, he turned the discussion back to the Council. Councilmember Awada moved, Mayor Egan seconded a motion to close the public hearing and approve the vacation of public rights-of-way and easements within Lexington Addition and authorize the Mayor and City Clerk to execute all related documents with concurrent recording of the plat of Lexington Second Addition. Aye: 5 Nay: 0 00356 EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 6, 1998 PAGE 9 OLD BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT & PLANNED DEVELOPMENT AMENDMENT - NEW ULM ENTERPRISES City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Mayor Egan said that he attended the neighborhood meeting that the developer held last Thursday. He further said that it was his understanding that discussion has occurred between the residents and the developer since that meeting. Randy Hedlund, property owner, stated that the neighborhood meeting was productive and he added that they have been working with Pastor Tim Ruden of the Cedar Ridge Church. He noted that one of their concerns is the inadequate signage for the church. He said that they would be willing to include the name of the church on a shared pylon sign for the hotel. He noted that another issue that was expressed was the need for screening. He added that a berm would be constructed along the church's property line. He further added that they still need to prepare a landscape plan that is acceptable and questioned if this could be included as a condition for final plat approval. Pastor Tim Ruden, Cedar Ridge Church, questioned the width of the berm and asked for further clarification of details pertaining to the berm and landscape plan. Mayor Egan noted that it appears that all the berming will occur on the church property. Director of Public Works Colbert estimated the width of the berm to be 40 to 60 feet wide and two to seven feet in height. Dale Klossner, 2025 Pin Oak Drive, said he has yet to see any solid plans and added that he would like the details to be finalized. He stated that it appears the proposal is heading in the right direction. Mayor Egan asked him if he felt his position was reflective of the other residents who signed the petition in opposition to the project. Mr. Klossner said he could not speak for them with regard to the modified proposal. He commented on the short time period for reviewing the changes. Senior Planner Ridley asked the City Attorney what leverage the City would have to ensure the construction of a berm on property that is not before the City Council. City Attorney Sheldon stated that it would be necessary to prepare legal documents once all the details are solidified. Aric Elsner, 2023 Pin Oak Drive, commented on the quality of the applicant's hotel and said it appears that there is room to work with them. He added that the residents know that eventually this property will be developed and further added that an extended stay hotel is preferable to a typical hotel. He commented on the construction of the berm on the church property in addition to other landscaping measures. Mayor Egan asked for a show of hands from those residents in the audience who were opposed to the hotel proposal. No opposition was indicated. Councilmember Blomquist asked Pastor Ruden if the church has looked at the affect the berm would have on the need for future building additions. Pastor Ruden indicated that the hotel is a good development and after talking with the developer he did not feel that the 25 foot width of the berm will impact future growth of the church. Councilmember Masin stated that the developers did a good job of hosting the neighborhood meeting. She added that she would like to have the remaining details finalized before taking action. She asked how long this item could be continued for. Senior Planner Ridley said that the applicant has waived the 60 day agency action requirement. Councilmember Awada asked the applicant if the berming and landscape plan could be finalized by the October 20 City Council meeting. 00357 EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 6,1998 PAGE 10 Emmett Erpelding, New Ulm Enterprises, asked if the City Council would be willing to approve the Comprehensive Guide Plan Amendment tonight so the proposal could be forwarded to Met Council for their review. He added that final approval of the Planned Development Amendment could be contingent upon detailed plans being worked out with the church and the residents. Councilmember Awada asked if the Council would be able to deny final approval on the PD Amendment if they approve the Comprehensive Guide Plan Amendment this evening. City Attorney Sheldon stated that the Council could forward the Comprehensive Guide Plan Amendment to the Met Council for review and take formal action on it after the final details are worked out and after the Met Council's review. Councilmember Awada stated that the neighborhood should be renoticed as to what City Council agenda this item will be scheduled on. Mayor Egan commented that the City Council is trying to work with the residents to obtain their feedback and added that it is important for them to show up and voice their concerns. Councilmember Awada said she feels it would be acceptable for the church name to appear on the pylon sign for the hotel. City Attorney Sheldon commented that the developer will need to work with the church to prepare an agreement providing for the use of church property for construction of a berm. Councilmember Blomquist mentioned that she would like to ensure that at least two-thirds of the residents on Pin Oak Drive are comfortable with the modified proposal prior to the Council moving forward. Councilmember Awada moved, Councilmember Masin seconded a motion to forward the Comprehensive Guide Plan Amendment from Limited Business (LB) to Commercial Planned Development (CPD) for 2.4 acres at the southwest corner of RahnCliff Road and Rahn Way, legally described as Lot 2, Block 1, Rahn Ridge 2nd Addition, in the northeast 1/4 of Section 31 to the Metropolitan Council for review and comment. Aye: 5 Nay: 0 PROJECT 663, CONSIDER ASSESSMENT DEFERRAL REQUEST (VALLEY VIEW PLATEAU - STREETS AND UTILITIES) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Nader Nooryshokry, 2840 Sibley Memorial Highway, indicated that he is trying to sell his property but is having a difficult time because no buyers are interested in having to pay 61/2% interest for the length of the deferment. He stated that once potential buyers contact the City about his property they become disinterested in purchasing his house because of the deferred assessment and the running interest. He further stated that the City should incur the cost until the property is subdivided. Mayor Egan said that it does not appear there is an agreement between the City and Mr. Nooryshokry. Director of Public Works Colbert stated that staff tried to provide the most lenient assessment deferral agreement allowed by law. City Attorney Sheldon stated that the Council did not need to take action on the request since the agreement appeared to be withdrawn by the property owner. Councilmember Awada said the property owner should consider subdividing the property or marketing it to a developer for subdividing. Councilmember Wachter stated that he would prefer not to take action on this request. He suggested Mr. Nooryshokry contact a developer to explore the possibility of subdividing the property. Mayor Egan also suggested he meet with staff to work out his issues and to obtain names of developers who may be interested in subdividing his property. 00358 EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 6, 1998 PAGE 11 NEW BUSINESS CONDITIONAL USE PERMIT - CITI-CARGO & STORAGE CO. Mayor Egan turned the meeting over to Acting Mayor Wachter due to a conflict of interest. Senior Planner Ridley gave a staff report and noted that this is essentially a housekeeping item. Al Ofstehage, Citi-Cargo, stated that they are trying to formalize the use of the property. Councilmember Awada moved, Councilmember Masin seconded a motion to approve a Conditional Use Permit to allow the outside storage of semi-tractor trailers upon a 4.1 acre site located north of Yankee Doodle Road and west of Mike Collins Drive subject to the following conditions: 1. The Conditional Use Permit shall be recorded within 60 days of its approval by the City Council. 2. Outdoor storage activities shall be confined to the areas south and east of the site's principal structure within the area specifically designated on the site plan. Aye: 4 Nay: 0 (Mayor Egan abstained) CONDITIONAL USE PERMIT - EAGAN EXTENDED DAYCARE (TERRY KAYOUM) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Floyd Forsberg, 4555 Lenore Lane, stated he was opposed to this daycare because it would be a commercial use in a residential area. Richard Mclay, 1747 Galaxie Court and Gail Zinzer, 1750 Galaxie Court, were in agreement with Mr. Forsberg. Terry Kayoum, applicant, stated that she has been in the daycare business for ten years and feels there is a real need for this type of daycare in Eagan. Councilmember Awada concurred that this need exists but added that this request crosses the boundary between residential and commercial use. Councilmember Wachter stated that he did not have any financial interest in this property and would be able to vote on the CUP. Mayor Egan concurred with Councilmember Awada about the need for affordable daycare in Eagan but stated that it must be appropriately located. He added that converting the garage to a daycare would not allow the house to effectively function as a single family dwelling. He said it is important to protect the neighboring residents' investment in their property. He further said that allowing 45 children at this daycare is excessive. Councilmember Blomquist added that when the Comprehensive Guide Plan was created it was the Council's decision to separate commercial uses from residential uses. She further added that she saw no reason to allow this type of commercial activity in a residential zone and doing so would constitute spot zoning. Councilmember Blomquist moved, Councilmember Awada seconded a motion to deny a Conditional Use Permit to allow the establishment of an "in-home" daycare facility of more than eleven children within an R-1, Single Family Residential zoning district upon property legally described as Lots 2 and 3, Block 2, Clearview Addition. Aye: 4 Nay: 0 (Councilmember Masin abstained) 003 59 EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 6,1998 PAGE 12 Councilmember Masin stated it would be nice to have a daycare that provides care for school age children and the location would be convenient to the park and ride site which is located on Blackhawk. She added that she was also concerned about allowing this use because of the impacts to the other residents in the area. Councilmember Awada stated that the reasons for denial given at the APC meeting should be included as follows; due to the commercial nature of the proposed use it was determined to be detrimental to the neighborhood, not harmonious to the Comprehensive Plan and existing zoning, and is incompatible with the use of the neighborhood. PLANNED DEVELOPMENT AMENDMENT - HONEY TREE LTD.. (COMFORT SUITES) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Ray Anderson, Honey Tree Ltd., introduced Mark Finnemann, the Project Architect. Mr. Finnemann discussed the changes that have been made to the original development proposal adding that the image of the hotel has been improved. He also discussed the pathway system and stated that they would like to construct a deck on the adjacent City property. Joe Favor, Landscape Architect, showed a drawing of the proposed deck. He added that the developer would rebuild the deteriorated pathway. Further discussion occurred regarding the feasibility of the deck. Councilmember Wachter stated that the changes make the building more appealing. Mayor Egan concurred and added that Comfort Inn is a quality product. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a Planned Development Amendment to modify the site plan and include a pylon sign for the Comfort Suites for property located at 4490 Erin Drive, legally described as Lot 1, Block 1, Honey Tree 152 Addition, in the SW 1/4 of Section 30 subject to the following conditions: A Final Planned Development Agreement shall be executed prior to commencement of construction. The following exhibits are necessary for this Agreement: Final Site Plan Final Building Elevation Plan Final Sign Plan Final Landscape Plan Final Lighting Plan This Planned Development approves a four-story, 130-room hotel, possibly with on-sale liquor, with a 200-seat conference center and indoor swimming pool. One pylon sign is approved for Lot 1, Block 2, Honey Tree 151 Addition and shall be located at the northerly west entrance from Erin Drive. The pylon sign shall satisfy City Sign Code standards for height, area and setbacks. Wall signage is not allowed on the east or south building elevations; wall signage may be located on the north and west elevation. Entrance signs shall be of consistent design and size as shown in the sign elevations and shall be set back at least ten feet from all property lines. 00380 EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 6,1998 PAGE 13 Exterior building materials shall be as shown on the building elevation plans. Trash and recyclable materials enclosures shall be attached to the principal building, constructed of materials to match the principal building and of a size sufficient to enclose all trash and recyclable materials receptacles. 7. The landscape plan shall be revised according to the comments in the staff report and shall provide better headlight screening opposite the main entrance between the two buildings. 8. A maintenance agreement for landscaping placed on City property shall be executed and recorded with the Final Planned Development Agreement. 9. The developer shall acquire the necessary property to accommodate the proposed deck, or the deck shall be deleted from the plans. 10. Site lighting shall be designed to match that on Lot 2, Block 1, Honey Tree 1st Addition. Light standards shall not be taller than 25 feet. All lights shall have sharp cutoffs and be directed downward to minimize glare and visibility of the lighting from off the site. Lighting on the east side of the site shall be shielded on the east side to deflect light onto the site. 11. The trail shall be lit for security purposes, and such lighting shall be designed to minimize glare when viewed from off the site. 12. This hotel shall be staffed 24-hours a day all year around. 13. Any rooftop mechanical equipment shall be screened and not visible from the public right-of-way. Aye: 5 Nay: 0 Councilmember Wachter moved, Councilmember Blomquist seconded a motion to direct staff to negotiate with the developer regarding the feasibility of acquiring the City property adjacent to the Comfort Suites to allow for the construction of a deck. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT - GALAXIE PARTNERSHIP, L.L.C. City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Lou Olson, property owner, stated that a joint pylon sign was not feasible with Health Systems. He added that KinderCare, which is located two buildings down, was given approval for a pylon sign. Mayor Egan mentioned that there was never a sign agreement in place for this development. Councilmember Wachter asked if the sign could be installed on the northerly corner. Mr. Olson said he did not want to impact the residents across the street by placing the sign in their direct view. He further said that the sign needs to be 300' feet from the adjacent Park Nicollet Clinic building. Councilmember Wachter restated his support for installing the sign on the northerly corner and sharing the sign with another user. Mr. Olson commented that he gave the placement of the sign a lot of thought to ensure it would not create a problem for the neighbors. Mayor Egan said that Mr. Olson's concerns about appeasing the neighbors are well-founded. 00361 EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 6, 1998 PAGE 14 Councilmember Awada indicated she did not have a problem with this sign since the Council had approved a similar sign for KinderCare. Mayor Egan stated that the proposed location is less obtrusive to the neighbors than placing it on the northerly corner. Councilmember Blomquist moved, Councilmember Awada seconded a motion to approve a Planned Development Amendment to allow a pylon sign at 1895 Plaza Drive (Lot 2, Block 1, Galaxie Cliff Plaza 3rd Addition) in the NW 1/4 of Section 32 subject to the following conditions: 1. Prior to installation of the pylon sign, a sign permit shall be obtained from the City. 2. The pylon sign shall not exceed 125 square feet per side in area and must be set back at least 10 feet from all property lines. Aye: 4 Nay: 1 (Councilmember Wachter opposed) PLANNED DEVELOPMENT AMENDMENT - CSM LODGING, L.L.C. (TOWNPLACE SUITES) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Representatives of CSM Lodging were available for questions. Mayor Egan commented that attitudes need to adjust to changing times and stated that the City has been successful in attracting quality restaurants and it is not necessary to hold out for another restaurant on this site. Councilmember Wachter inquired about the landscape plan. Senior Planner Ridley stated that staff reviews the plan to ensure that a variety of tree species are planted. Councilmember Masin moved, Councilmember Awada seconded a motion to approve a Planned Development Amendment to allow the construction of a 95 room, "extended stay" hotel upon 1.9 acres of land located north of Crestridge Lane between I-35E and Pilot Knob Road on property currently platted as Lot 1, Block 1, Duckwood Bluff subject to the following conditions: 1. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City prior to building permit issuance. 2. The following exhibits are required for the Final Planned Development Agreement: A. Final Site Plan B. Final Landscape Plan C. Final Building Elevations and Signage Plan D. Lighting Plan 3. All trash/recycling containers shall be stored within the principal buildings or within an enclosure consistent with City Code requirements. 4. All building, parking/ drive aisles, and landscaped areas shall be properly maintained. 5. All exterior lighting shall be hooded and directed to deflect light away from adjacent properties and rights-of-way. 6. The use of vinyl siding as an exterior finish material shall be prohibited. EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 6,1998 PAGE 15 7. All rooftop mechanical equipment shall be screened from view of all public rights-of- way. 8. The hotel's trash enclosure shall be attached to the principal building and satisfy applicable City requirements. 9. Front desk staffing shall be provided on a 24-hour basis. Aye: 5 Nay: 0 VISITORS TO BE HEARD A resident asked about Item AA on the Consent Agenda, Drainage concerns, Greensboro Add. (Storm Sewer Improvements), Director of Public Works Colbert explained that contractors have not responded to the bids so the project will be rebid in the winter. Stephen Westerlund, 1373 Berry Ridge Road, thanked the Council on behalf of his family for approving their variance request. ROUND TABLE Senior Planner Ridley requested Council authorization to prepare an ordinance amendment to remove daycare with greater than ten children in residential areas. Councilmember Blomquist moved, Councilmember Wachter seconded a motion to direct the Advisory Planning Commission to consider an ordinance amendment to remove daycare with greater than ten children in residential areas. Aye: 5 Nay: 0 Discussion occurred regarding the southeast corner of Cliff Road and Galaxie Avenue. Senior Planner Ridley clarified that the property is zoned Agricultural and guided D-1, single family. Councilmember Blomquist inquired about the number of properties in the City that are located at intersections with County roads which are owned by petroleum companies. ADJOURNMENT The meeting adjourned at 9:20 p.m. October 6, 1998 Date MLK City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454-8535). 00362 The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. 00363 EXHIBIT A LIST OF JUDGES FOR GENERAL ELECTION NOVEMBER 3, 1998 Democrat Republican Independent Don Giblin Lois Agrimson Donna Heir Elizabeth Bassett Sharon Astleford Norman Hval Dick Beatty Patti Benjamin Jan Beliveau Alyce Bolke Neal Black Joyce Swedean Eleanor Bruce Joan Bohlig Sharon Bruce Marilyn Defrang David Gary Penny Breuer Gladys Byrnes Jim Dech Adeline Buehler Judy Christopher Thora Dech Charles Fischer Carol Sue Cruz Eleanor Grimmer Elaine Fischer Karen Dare Ethel Groff Karen Flood Gerianne Dodge Marti Ann Guetzlaff Jean Harmon James Driscoll Marv Hansen Michelle Huck William Guelcher Darlene Hanson Richard Iffert Frank Hamernik Lloyd Hareid Jeanne Koehler Judy Hansen Ruth Hareid Yvonne Krisnik Burna Heine Mildred Hardeben Eleanor Morson Carolee Jones Marilyn Holm Emily Medin Patricia Kaeder Vicki Jabbra June Nelson Walter Lawrence Marge Jacobs Virginia Nicolay Richard LaMay Penny Johnson Stephen Olson Arlene Leibel Jean Kimber Judy Peterson Robert Zimmerman Shirlee Kiang Patricia Ricke Richard Nicolay Alice Kreitz Christine Sebert Clarice Nilti Jan Kuehn Donald Sektnan Charlotte O'Donnell Marie Lane Nancy Severson Marcine Olson Man Jane Pederson Man- Teske Sharon Orth Sonya Larson Paul Teske Evelyn Otterness Marilyn Legler Carolyn Thurston Margaret Pellerin Coni Walters Phyllis Squiers Ruth Pn or Ruth LilleN Bill Fish Pat Rask Phyllis Manthey Eldoris Olen Lorraine Rieger Zella Mirick Julie Kaufman Manic Ruzicka Barb Nuttall Beth Porter Judy Sainia Ann Ouradnik Robert Meckley Sheila Shav Linda Parish Dawn Struble Ann Thomas Bill Pfeiffer Gloria McCammon Ruth Twome} Marilyn Porter Judy Hawley Sue VonDeLinde Arlan Restad Dawn Struble Marilyn Young Michelle Skindelien Judy Hawley Anthony Wilkes Sr Karen Uecker Betty Ramsey Lorna Tittl Lois Vandyck Vivian Date Grover Bellile Carol Vihovde Julie Kaufman-Boom Judy Quigley Fred Vihovde Mary McGuire Marian Hvard Rose Vimr Gloria Wachtler Dick Phillippi Venera Yismatiy Jody Severson Jennifer VanHorn Bob Vogel Patti Paul Marilyn Woolley Pat Larson Reform Pam Lam Cook Thomas Pali] Bill Skar Herb Legler Lucia Johnson Diane Tapper Everett Waters Larane Molitor 00364 Eagan High School Students Beene, Carissa Bergstrom, Lisa Boatman, Tiffany Bergstrom, Lisa Ford, Thomas Gabriel, Kate Glynn, Beran Hayhurst-Cruz, Jill Hofferber, Katie Kraning, Kristin Lilb, Matthew Mercer, Sara Mitchell, Faith Norris. Becky Olson. Stephanie Paukner, Amber Rau. Jaime Samuel. Rose Schultz, Becky Shartt. Anna Slusarki. Derek SIN. Jennifer Smith. Enn Spring. Stephanie Swanson. Jamie Thill. Anthony VanOyerbeke. Jason Walters. Mau Warner. Kristin Zaffke. Erica ZerotIL Kristi GENERAL ELECTION - NOVEMBER 3, 1998 Eashview• High School Students Haga. Andy Lieserman, Michelle o 36 Nscnlager, Max Anderson, aephanis Barlats, Hollie Denson, Ann Boldt. Aaron Borchert, Brandon Brandell, Adam Brlglno, Ann Orimsley, Joe Bruno, Cori Caswell, Kathryn Carlton, Molly Dellman, Jeremy Decker, Jamie Domselt, Nick Edwards, Shenaya Eikum, Anjuli Fierce, Dana Fischer, Joni Fester, Andrea Gibson, Nary Grirnsley, Joe Hager, Mike Hansen, Matt Harrod, Katie Hicks,Devid Hilisque, Katie Roll, Randy Jeppson, Rob Johnson,Jenni Johnson, Ryan Johonssen, Tim Julik, Levi Keller. Will Klosaner, Derek Knudson, Jessica Ktenz, Erik Krieg, josh Krueger, Chad McCarthey. Channon Novel, Osvid Selby. Erika Snyder, Anne Swanson, Katie VanGuilder, Jenny "Yett, Amanda Aran. Marie Burnsville High School Students Benik. Jenny Sos, Jan Bolinger, Brendi Borges, Emily Barnett, Les Bouau, Trevor Brazlnskl, Dave Bristol, Dave Byrne, Casey Car, Julie Christopherson, TMany Cls te, Rosa Dorsey, Jessica Durant, Brent Durant, ttrn Dwyer, Pat Ewert, Lindsey Gaybrd,Chrls Geknt, Vobria Good. Shanna Grace, Micheal KulhanekJust in Granowski, Desires Ouler, Alissa Haas, Brandon Hassett, Janice Holston, Michaels lsche, Erin Kaiser, Drew Kolatenen, Tori Mahadika, Yogga Moses, Jon Oldenburg, Ember Padilla, Dana Perry, Lauren Putt, Paul Rico, Dominic Rohening, Mari Jeckelan, Katie Schafer, Krtata St Uman, Amy Worra. Kefstin )Gong, Pachia 00366 Burnsville High School Students replacement judges Sarum, Nick Erickson, Stacie Kalw, Nicole KlIpatrick, 8lephanie Kllngbeil, So* Koerke, Angle Larson, Justh Unk, Mki McGinnis, Michelle We, Jon Flow, ill Hansoon, Paul Kartovich, CIr* Laskinon, Krteta Kulhanek, Justin 4..00367 ADDITIONAL JUDGES FOR GENERAL ELECTION November 3, 1998 Ann Roach Darlene Bahr Andrew Sirotiak Kelly Glover Bonnie Engen Don Leean Patti Good Barbara & Wm Hodapp Pauline Novack Mona Jadoonath Roger & Ellen Fredlund Ruth Munson Margie Ross Betty Kennelly Penny Johnson Paula Weathers LeMar Hauff Darlene Hanson Ann Thon Thomas & Ruth Penn Marion Baker Delores Carlson Tammy Genrich Victoria Gregory Joyce Swedean Diana Witzell Gen Amundson