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09/20/1995 - City Council Regular 00222 MINUTES OF A REGULAR MEETING OF THE EAGAN, CTTY COUNCIL Eagan, Minnesota September 20,1995 A regular meeting of the Eagan City Council was held on Tuesday, September 20,1995 at 6:30 p.m. at Black Hawk Middle School. Present were Mayor Egan and Councilmembers Wachter, Awada, Masm, and Hunter. Also present were City Administrator Tom Hedges, Community Development Director Peggy Reichert, Director of Public WorksTom Colbert, and Assistant City Attorney Nuke Dougherty. Wachter moved, Awada seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 Councilmember Wachter requested a clarification on page 10, paragraph 3, giving an explanation as to what his safety concerns were. Councilmember Hunter requested an amendment on that same page and paragraph by adding the words, "He questioned whether..." to the sentence regarding access to Lot T. Hunter moved, Masin seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 Hunter moved, Masin seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 Charles Peck, of Pilot Knob Animal Hospital, requested that the Council consider beggm' nm g some form of snow plowing of trails in Eagan. He presented a petition of people who are interested in havingthis done. Other communities in the area do this and he feels there are safety issues with not plowing trails. Mayor Egan noted that the budget has just been certified to the county, so at this point, the levy can only go down, it can't go up. This issue would need to be studied. He noted that he turned over the petition to the City Administrator. John Young, representing the Eagan Small Business Association, expressed a concern about not being notified of an ordinance affecting all commercial/industrial property. He called the Community Development Department and has not been able to get a copy of the ordinance. He felt they were trying to establish effective communication, rather than just le al notification. He was informed that this ordinance was for two trucking companies, and wondered why the ordinance is drafted to deal with all commercial/industrial properties instead of just trucking companies. He feels the special use permit ordinance that was repealed had a lot of flexibility and could have dealt with this issue. He would like to see this come before the Chamber of Commerce to let the Small Business Association have input before it goes to the EDC and APC. Administrator Hedges explained the reason for proposing this ordinance, an d noted that ordinance will have a public hearing before the Advisory Planning Commission which is open to the public. He can get a copy of the ordinance to the Small Business Association as soon as it is available. Any concerns can be expressed at the Planning Commission meeting. Councilmember Awada noted that this is to accommodate some businesses who want to move forward, and this ordinance is meant to make the process easier for people. Mr. Young stated he feels that 12 days is not enough time for his organization to provide input Councilmember Hunter noted that the city wants the business community to be more involved in the process; however, the city also wants to accommodate businesses that are trying to locate in Eagan. In a case like this, he doesn't feel it is appropriate to hold up changing the ordinance. Mr. Young noted that the city could have accommodated that busmess under the special use ordinance, and suggested the Council readopt that ordinance. Mayor Egan noted that Councilmembers and Planning Commission members only get % hours to review their entire packet of information. He would like to structure this so their organization has what they believe to be a reasonable amount of time for review, but the city can only accommodate them to a point. He doesn't feel that 12 days is an unreasonable amount of time. Councilmember Wachter noted that he will be provided a copy of the ordinance as soon as possible. Mr. Young responded that he will be out of town for most of that time. Councilmember Awada noted that someone else in the organization could review it. Mayor Egan noted that that is why the organization has officers so everything doesn't fall on one person. Ann Carlon, of the Convention and Visitors Bureau, gave an update on the goals and objectives of the Convention and Visitors Bureau. She noted they are looking to increase off-season activities, and diversify their funding mechanism. She reviewed lodging occupancy rates, grow tours, convention marketing, promotional items, corporate marketing, international marketing, and festivals. She noted there will be a new festival called Lone Oak Days. She also noted they will have a tourist information center in Town Centre. Councilmembers thanked Ann Carlon for all of her work on this. 0G223 EAGAN CITY COUNCIL MINUTES; SEPTEMBER 20, 1995 PAGE 2 Councilmember Wachter requested that the age limit for the D.A.R.E. program be lowered. In regard to Item BB, Refuse Haulers License, UWS Transfer, Mayor Egan noted that the recommenda- tion is to approve it instead of continue it indefinitely. In regard to Item I, Foundation Permit Town and Country Homes, Councilmember Wachter asked whether it is felt by staff that irus~` ul set a precedent, Director of Pubis Works Colbert stated he feels this is a unique situation. In regard to Item J, Pro" t 694, Ea an Promenade Councilmember Masin expressed a concern about approving this before the development is approved. Director of Public Works Colbert noted they have not received a petition in a standard format They have received a letter in which they stated they will not guarantee the cost Mayor Egan concurred with Councilmember Masin's concern, indicating that perhaps the Council should approve this subject to completion of a petition that guarantees the costs. Councilmember Masin concurred. In regard to Item K, Pr 695, Yankee Doodle Corridor Trans rtation Improvements, Councilmember Wachter indicated he is happy to see this ramp getting completed. In regard to Item N, Extension/Reavyroval of Fiala Addition, Councilmember Wachter asked what good it will do- to "og that portion out Director of c Works Colbert indicated it would eliminate one more parcel that would have to be acquired for right-of-way at a future date. A. Personnel Items Item 1. It was recommended to approve the hiring of Mary Mills as a Receptionist/Clerical Tech H. Item 2. It was recommended to approve the hiring of Velta Jean Martin as a seasonal park maintenance worker. Item 3. It was recommended to approve contracting with Ken Freeman, Jeff Freeman, Mark Samstad and Sam Secrist as football officials for the adult football league. Item 4. It was recommended to accept the letter of resignation from John Stevenson. Item 5. It was recommended to approve the revision of the City of Ea an Personnel Policy to authorize the Police Department to perform criminal history background investigations Tor applicants for City employment Item 6. It was recommended to terminate the employment of an employee or, in the alternative, a proposed discharge if it is determined that veteran's preference rights apply. Item 7. It was recommended to approve the hiring of Mike Elam as a seasonal part-time Civic Arena Night Supervisor/Resurfacer. B. Plumbers Licenses. It was recommended to approve the plumbers licenses for Hanson-Kleven Plumbing Co. and Piper um ing and Heating, Inc. as pn~ented. C. Pr "ect 674, Villas of Violet Lane. It was recommended to receive the final assessment roll for Project 674 and schedule a public hearing for October 17,1995. D. Pr 'ect 666R Waterview Addition. It was recommended to receive the final assessment roll for Project 666R and se u e a public hearing for October 17,1995. E. Contract 95-10 Wood ate Lane. It was recommended to receive the bids for Contract 95-10 and award the contract to the lowest responsible bidder. F. Contract 95-12, Deerwood Reservoir. It was recommended to receive the bids for Contract 95-12 and award the contract to the owest responsi a idder. G. Subgrantee Agreement - 1995 CDBG. It was recommended to authorize the Mayor and City Clerk to sign the u grantee Agreement between D Iota county HRA and City of Eagan for the Dakota County Community Development Block Grant Program for Fiscal Year 1995 project that will be carried out directly by City staff. 0 (1 224 EAGAN CITY COUNCIL MINUTES; SEPTEMBER 20,1995 PAGE 3 H. Final Planned Development and Final Subdivision - Twin Ci Federal Bank - Park Center 5th Addition. It was recommended to approve the final eve opment agreement for win City Federal B ; and subdivision for Park Center 5th Addition. 1. Foundation Permit Town and Coun Homes. It was recommended to approve issuance of a foundation permit to Town and untry omen for two to ouse buildings located on the north side of Diffley Road and on the west side of Cedar Avenue Freeway subject to the following conditions: 1. All final engginmeering plans related to the final subdivision and plat shall be approved by the EngineeringDepartment prior to issuance of the foundation permit. 2. Payment of all associated building permit fees and utility connection fees shall be made prior to issuance of the foundation permit. 3. The foundation permit will authorize construction of footings, foundation, underground plumbing work, and concrete slab only. No wood framing above grade would be allowed with this permit. J. Project 694, Ea an Promenade Addition. It was recommended to authorize the preparation of a feasibility report by SRF, Inc. for Project 694, subject to completion of a petition that guarantees the cost. K. Project 695, Yankee Doodle Corridor Transportation Improvements. It was recommended to authorize the preparation o a feasibility report by SRF, c. for Project 695 and cooperative interagency agreement with Dakota County. L. Project 693, Cedar Grove 11th and 12th Addition Streetli hts. It was recommended to receive the feasibility report for Project 693 anschedule a public hearing to held on October 2,1995. M. Contract 89-13, Cliff Road Water Treatment Facili . It was recommended to authorize the 21st and final payment for Contract 89-13 in the amount of $3,300 p us escrow account balance to Penn-Co. Construction, Inc. and accept the project for perpetual City maintenance. N. Extension/Reapproval, Fiala Addition. It was recommended to approve an extension/reapproval of the Final Plat othe Fiala Addition for one year, until August 2,1996. 0. Change Orders, Police Department Municipal Center Expansion. It was recommended to approve a change order for -the Police Department project in the amount of ,030.95 and for the Municipal Center expansion in the amount of $12,685 as presented. P. A rove 1996 budget, Convention and Visitors Bureau. It was recommended to approve the budget as presented. Q. Award Bid for Plant Material, Municipal Site. It was recommended to award Phase 1 landscaping materials for Eagan Municipal Center to Grove in the amount of $29,647 for the base bid. R. A rove locker room addition, Eagan Civic Arena. It was recommended to approve construction of locker room addition, Eagan Civic Arena for use Minnesota Moose. S. A rove Change to Council Meeting Schedule from November 7 to November 6. It was recommended to set the t City Council meeting of November on Monday, November 6 in lieu of November 7, election day. T. A roval of 1996 Landfill Abatement Grant Application. It was recommended to approve the 1996 application for the Dakota County EuM Abatement Grant Program in the amount of $40,466. U. Massage Theraj2y Establishment License The Tro ics. It was recommended to approve a massage therapy establishment license for The Tropics located in Cedarva a Mall. V. Accept Resi tion APRNRC. It was recommended to accept the resignation of Thomas Walkington as a member of the Advisory Parks, Recreation and Natural Resources Commission. W. Recommendation, Airport Relations Commission support of continued sound insulation finding. It was recommended to approve a resolution recognizing the success of the Part 150 un tion Program and encouraging continued funding by all agencies. O(225 EAGAN CITY COUNCIL MINUTES; SEPTEMBER 20, 1995 PAGE 4 X. Contract 92-EE, Lexington Pointe 8th Addition. It was recommended to acknowledge completion of Contract 92-EE and authorize perpetual City maintenance subject to warranty provisions. Y. Project 684, Well No. 18. It was recommended to authorize the preparation of a feasibility report, detailed plans and specifications ications for Well No. 18. Z. Project 696, Well No. 19. It was recommended to authorize the preparation of a feasibility report, detailed plans and specifications for Well No. 19. AA. Final Subdivision, Gardenwood Ponds. It was recommended to approve a final subdivision for Gardenwood Ponds as presented. BB. Refuse Hauler's Commercial License, UWS Transfer, Inc. It was recommended to approve the license as presented. CC. Final Subdivision, Deerwood Townhomes. It was recommended to approve the final subdivision for Deerwoo To owes. Awada moved, Wachter seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 MENAMMINEMM PROJECT 691, CLEMSON DRIVE . ' Mark Hanson, consultant with Bonestroo, Rosene, Anderlik & Associates, gave a staff report Councilmember Wachter asked how far the trail will be from the street. Mr. Hanson responded that it will vary from 5-10 feet. Discussion followed concerning who received notice of this public hearing and who will be assessed. Mayor Egan then opened the public hearing, and there being no one wishigel o speak, turned the discussion back to the Council. Hunter moved, Wachter seconded a motion to close public hearing and approve the installation of Project 691 and authorize the preparation of detailed plans and specifications. PROJECT 690, WALDEN HEIGHTS STORM SEWER Mark Hanson, of Bonestroo, Rosene, Anderlik & Associates, gave a staff report. Councilmember Wachter asked how long this erosion problem has existed. Mark Hanson indicated it has been a problem since the Hillcrest Addition went in. Considerable discussion followed concerning the erosion problem. Mayor Egan asked whether the City Engineer feels this property will develop in the near future to the point where some of the issues will be resolved. Director of Public Works Colbert indicated that in his discussions with representatives of the John Brown Estate, they are looking to market this property, so he feels a proposal will come forward in 1996. Mayor Egan then opened the public hearing, and there being no one wishing to speak, turned the discussion back to the Council. Mason moved, Awada seconded a motion to close the public hearing, deny Project 690, and monitor the erosion problem, noting that the Brown property will probably develop in the next year which will probably resolve the problem. Aye: 5 Nay: 0 PROJECT 688, EAGANDALE CORPORATE CENTER Director of Public Works Colbert gave a staff report. Councilmember Hunter asked whether the city would open itself up to liability issues if the project is approved and plans and specifications aren't done for a number of years, making the feasibility report out of date. Assistant City Attorney Dougherty indicated it would not be a problem because the city has a year to award the contract. Mayor Egan then opened the public hearing, and there being no one wishing to speak, turned discussion back to the Council. Hunter moved, Wachter seconded a motion to close the public hearing and approve Project 688. Aye: 5 Nay: 0 VACATE SIDEWALK EASEMENTS, PARK CENTER ADDITION Director of Public Works Colbert gave a staff report. Mayor Egan opened the publi c hearing, and there being no one wishing to speak, turned the discussion back to the Council. Assistant City Attorney Dougherty noted he received a fax from TCF asking that the city hold on to the vacation until a din permit is issued. His concern is to make sure the city gets a replacement easement which is going to be dedicated on the final plat. Their development contract requires them to construct the sidewalk when the building permit is issued, but they are j' t asking for title purposes that the city hold the resolution in the city's file pending the building permit. Wachter moved, Awada seconded a motion to dose the public hearing and approve the vacation of the sidewalk easement as described over Outlot D, Park Center Addition, authorize the Mayor and City Clerk to execute all related documents, and approve its recording at Dakota County concurrent with the final subdivision of the Park Center 5th Addition; and that the city will retain the easement until a building permit is EAGAN CITY COUNCIL MINUTES; SEPTEMBER 20, 1995 L?? PAGE 5 issued. Aye: 5 Nay: 0 VACATE SIDEWALK, TRAIL AND UTILITY EASEMENTS, BELL LEXINGTON ADDITION Director of Public Works Colbert gave a staff report, noting that it is bein recommended that the ctition as submitted be denied, but that the Council approve the vacation of a legal description that would pe orporate the building foundation only, which would allow clear title for this property if it were ever to be in sold, but the ppublic would not forego any rights to the previously dedicated easements for public purposes. Mayor Egan then opened the public hearing to anyone wishing to speak. Rollie Crawford, representing Prospector's Properties, indicated they have no objection to the recommendation. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. Hunter moved, Masin seconded a motion to close the public fearing, deny the vacation of sidewalk, trail and utility easements as described, and approve the vacation for a reduced area incorporating the footprint of the existing building only, subject to staffs approval of the revised legal description. Aye: 5 Nay: 0 VACATE PUBLIC RIGHT-OF-WAY, CEDAR FREEWAY FRONTAGE ROAD Director of Public Works Colbert gave a staff report Mayor Egan then opened the public hearing to anyone wishing to speak. Al Block, of Town and Country Homes, urged Council approval. Bob Straughn, of McGrann Shea, epres enting the Diffley Limited Liability Partnership, made a minor correction to the staff report. He requested clarification of the suggested action, and Assistant City Attorney Dougherty explained the suggested procedure. Mr. Straughn indicated that they would prefer the approach of transferring the property to the abutting property owners and allowing the abutting property owners to go through the process of acquiring title. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. After some discussion, Hunter moved, Wachter seconded a motion to close the public hearing and approve the vacation of public right-of-way and conveyance of City rights via the Quit Claim process to the property owners and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 VARIANCE - ROBERT J. ROL Community Development Director Reichert gave a staff report. Mayor Egan opened the public hearinto anyone wishing to speak. Robert Rol, 1639 Norwood Drive, urged Council approval. There being no one else- wishing to speak, Mayor Egan closed the public hearing. Wachter moved, Awada seconded a motion to approve a variance for Robert J. Rol of 3 feet to the required 10 foot side yard setback for 1639 Norwood Drive. Aye: 5 Nay: 0 MOVING PERMIT AND VARIANCE - EAGAN EVANGELICAL COVENANT CHURCH Community Development Director Reichert gave a staff report Mayor Egan then opened the public hearing to anyone wishing to speak. Joe Krisnik, 4195 South Lexington Avenue, spoke in favor. Councilmember Wachter noted that the barn could be located farther back on the property. Carleton Peterson, of Eagan Evangelical Covenant Church, indicated the reason they chose this location is for major expansion of the church. It will give them more options regarding parking. Brent Florine, 4085 Lexington Avenue, expressed his opposition to the setback variance. Community Development Director Reichert indicated they found that the 2 for 1setback requirement for the public facility district is something that the Council has asked them to modify because many times, public facilities will be taller, and depending on what they are adjacent to, they may or may not meet different setbacks. In this case, being adjacent to the back of a commercial building, it didn't seem to be as necessary to meet the setback. If there were residential property adjacent to this property, perhaps there would be more of a concern. This appears to be a reasonable request There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. Some discussion followed concerning the cash deposits for the abandonment of the well and to assurance of conformance with applicable building codes. Councilmember Hunter stated he wants to make sure that they are not being singled out because it is a church. He does not favor waiving the entire 90 day restriction on completing tine remodeling. He feels there should be a reasonable time limit placed on it Councilmember EAGAN CITY COUNCIL MINUTES; SEPTEMBER 20, 1995 PAGE 6 Wachter suggested the church keep the city informed of their progress. Councilmember Masin concurred, stating there could be safety concerns if the 90 days is waived. Community Development Director Reichert indicated that her understanding is that this will be phased in over several years. Councilmember Wachter requested that with respect to the historical society and neighbors that they not severly alter the exterior. Wachter moved, Awada seconded a motion to approve a moving permit for Eagan Evangelical Covenant Church to move a barn onto their property from the Soderhohn Addition and to waive the cash escrow requirements, as well as setting the time allowed for remodeling at five years; and approve a 30 foot variance to the required 60 foot setback for the barn in its relocated position on Lot 1, Block 1, Eagan Evangelical Covenant Church Addition. Aye: 5 Nay: 0 CONTRACT 95-04, DEERWOOD TOWNHOMES After a brief report by Director of Public Works Colbert, Wachter moved, Awada seconded a motion to receive the bids for Contract 95-04 and award the contract to the lowest responsible bidder. Aye: 5 Nay: 0 CONTRACT 95-04, CHANGE ORDER #1, DEERWOOD TOWNHOMES Awada moved, Wachter seconded a motion to approve Change Order #1 to Contract 95-04 and authorize the Mayor and city Clerk to execute all related documents. Aye: 5 Nay: 0 JOINT POWERS AGREEMENT/RUNWAY 4/22 MEDIATION SURVEY Awada moved, Masin seconded a motion to continue indefinitel consideration of the Runway 4/22 mediation survey joint powers agreement pending specification of a dollar amount for each participating agency. Aye: 5 Nay: 0 11MMORMIRM EASTER LUTHERAN CHURCH, COMPREHENSIVE GUIDE PLAN AMENDMENT AND PRELIMINARY PLANNED DEVELOPMENT/CONDITIONAL USE PERMIT Community Development Director Reichert gave a staff report. Reverend Jim Borgschatz gave a presentation on the proposal and urged Council approval. Councilmember Masin asked about possible problems with the grading. Community Development Director Reichert noted that this is preliminary, and these details will be worked out before the final planned development. Some discussion followed concerning tree replacement. Councilmember Hunter commended the church for modifyin their proposal, taking the recommendations of the city, and continuing to work with staff on mitigation of tree loss. Councilmember Wachter noted that the city isn't actually losing trees because manq of the trees that are being removed aren't on the city's recommended list. He thinks a lot of them have reached their maturity and soon would be dying anyway. They will be planting trees that are acceptable, so trees will actually be gamed. Wachter moved, Masin seconded a motion to approve a comprehensive guide plan amendment from D-1 Single Family Residential to Public Facility to allow the development of a 79,000 square foot church facility on the northwest corner of Cliff Road and Pilot Knob Road. Aye: 5 Nay: 0 Wachter moved, Awada seconded a motion to approve a preliminary planned develop- ment/conditional use permit, subject to the following conditions: 1. The applicant should enter into a Planned Development Agreement in accordance with Section 11.40 Eubd. 6, Planned Development with the City prior to the Final Planned Development/ Preliminary Subdivision Application. 2. This conditional use permit shall be recorded with Dakota County within 60 days of its approval with documentation of its recording provided to the City. 3. To permit Easter Lutheran Church to construct a church facility in three phases of development Phase I Bam Program: Multi-purpose Great Room (future gymnasium) and support space; 12-13,000 gsf building area; worship seating for approximately 400; preschool classrooms; small office; support spaces Estimated Cost: $2.2-2.3 million Parking Spaces: 150 (400 seats/2.7 seats/space) EAGAN CITY COUNCIL MINUTES; SEPTEMBER 20, 1995 PAGE 7 Time Frame: 1997-1998 Phase II g Program: Balanced facility for 650 seat sanctuary; expand Phase I development from a Great Room serving multiple purposes the to a fully developed balanced facility for a sanctuary future 1,050) - to capable of seating 650 (expanda le in Estimated Cost: $5.2 million Parking Spaces: 91 spaces (241 total) Time Frame: 2001-2002 Phase III Building Program: Balanced facility for 1,050 seat sanctuary; expand Phase II development by increasing the sanctuary seatingg capacity to 1,050 and enlarging all other church facilities to support this size increase; 78-79,000 gsfbniIding area total (addition of 29,000 gsf) Estimated Cost $3.6 million Parking 143 additional including 143 spaces in structured parking. (384 total spaces) Time Frame: 2007-2009 Summary of Impervious Area by Phase Estimated Estimated Total Percent BBlld~Cov_. Site Cov. Coverage Coverage Phase I 10,000 s.f. 52,900 s.f. 62,900 s.f. 14.6 Phase II 13,000 s.f. 52,350 s.f. 63,350 s.f. 15.1 Phase III 19,250 s.f. 0 s.f. 19,250 s.f. 4.5 Total 4Z250 q 105,250 s.f. 147,500 if. 34.2 4. The term of the Planned Development shall be 15 years from the date of City Council approval, and Phase I shall be commenced by January 1,1997. The site must be platted prior to the initiation of Phase I. 5. Prior to the issuance of building permits, the following plans shall be approved, and may be approved in stages as development ensues: final plat; final site plan; final lighting plan; final utility plan; final grading, drainage & erosion control plan; final landscaping plan; final signage; final building elevation and tree preservation plan. 6. At the time of development, financial obligations will be charged for lateral benefit water, lateral benefit sanitary sewer, storm sewer trunk, WAC, (all at the rate effective on that date). 7. The grading plan shall be revised to reflect grading slopes of 3:1 or gentler. 8. Replacement of 35 significant trees with 142 Category "B" trees shall occur either on-site or off-site. A replacement plan should be submitted to indicate exact planting locations. 9. The revised site plan shall show the additional 15' of right-of-way which may affect the proposed parking layout and setbacks. 10. The development will permit a total of 384 nine foot parking stalls. 11. A minimum disturbance/minimum maintenance plan for pervious areas within the site shall be developed and submitted for city approval prior to issuance of a grading permit. The intent of this plan will be to preserve existing vegetation whenever feasible and to minimize the need for applications of fertilizer and pesticides/herbicides. 12. A 50' buffer strip in which no existing vegetation may be disturbed or impacted shall be established extending back from the OHWM of Thomas Lake shall be established. The boundary of the buffer strip will be clearly marked in the field prior to grading. 13. Through on-site ponding a minimum phosphorus load reduction of 90% of that needed to meet non-degradation standards for Thomas Lake shall be met. Any remaining mitigation requirement will be met through payment of a supplemental cash dedication. 14. No filling or draining of the fringe wetland along Thomas Lake. EAGAN CITY COUNCIL MINUTES; SEPTEMBER 20, 1995 A~Fbr9 PAGE 8 15. All revised lans shall be revised to show a total of 75' half right-of-way for Cliff Road (County Road No. 32). Aye: 5 Nay: 0 The Council directed that the planned development be brought back on the consent agenda following Met Council approval. FINAL PLANNED DEVELOPMENT AND CONDITIONAL USE PERMIT, VIDEO UPDATE Community Development Director Reichert gave a staff report Peter Hilger, of Portfolio, expressed a concern about condition 2. He indicated that there is an outlot agreement in place so a cross parking easement agreement is not necessary. He stated he feels the pylon sign is consistent with the Council's previous decisions on signs. He feels a precedent has been established for other business in similar situations. He gave several examples. He also noted that the staff report stated that the public has a concern about the sign, but there were no objections at the public hearing. Their application for building signage is well below what is required by code. Bob Gerlack, 4608 Cambridge Drive, indicated he is in favor of this development, but is concerned about the conditional use permit for the sign. He feels that all of the businesses can draw from one sign for the shopping center. Councilmember Hunter referred to a statement made by a Planning Commission member that states that a conditional use permit may be denied if it is not harmonious or compatible with the character of the surrounding area, and asked the Assistant City Attorney if that is a true statement. Assistant City Attorney Dougherty responded that that is one of the conditions outlined within the city's code for conditional use permits. Councilmember Masin stated she feels that a video store is destination oriented and she doesn't believe the extra pylon sign is needed. Councilmember Hunter concurred, noting that the Texaco station is significantly different because it attracts a lot more transitory traffic. Wachter moved, Masin seconded a motion to approve a final planned development proposal on Lot 3, Block 1 of Thomas Lake Center, subject to the following conditions: 1. The final planned development will include a 7,117 square foot Video Update store and 49 parking spaces (three shown as future parking spaces), landscaping, signage, lighting and building materials as shown on plans submitted. 2. Recording of a cross-parking agreement, or evidence of an existing agreement at Dakota County to allow the proposed parking lot to adjoin the existing parking lot to the west. 3. Execution of a final planned development agreement. 4. The developer shall submit a detailed erosion control plan in accordance with City Ero- sion/Sediment Control Standards. 5. Cash dedication for trails. Aye: 5 Nay: 0 Wachter moved, Awada seconded a motion to deny the conditional use permit to allow a pylon advertising sign. Aye: 5 Nay: 0 Councilmember Hunter requested that staff prepare findings of fact on this. PRELIMINARY SUBDMSION, PREUSSE ADDITION Community Development Director Reichert gave a staff report. Councilmember Masin asked about the grading. Director of Public Works Colbert explained that the grading could be performed either under the development agreement, with the building hermit, or separately under a grading permit process with no development proposal After some discussion, Hunter moved, Wachter seconded a motion to approve a preliminary subdivision for Praise Addition, subject to the following conditions: 1. The developer shall comply with standard conditions of plat approval Al, B1, B2, B3, Cl, C2, C4, D1, El, F1, Cl and H1 as adopted by Council on February ,1993. 2. The applicant shall plat the property. EAGAN CITY COUNCIL MINUTES; SEPTEMBER 20, 1995 PAGE 9 3. Preliminary subdivision approval is subject to the 50' wide vacation of old Sibley Memorial Highway right-of-way. 4. Vacation of areas designated to be vacated by the City and the acquisition by applicant of the vacated areas. 5. The applicant shall submit a revised grading and erosion control plan prior to Council action on the final subdivision. 6. The applicant shall provide plans and specifications for all retaining walls to be constructed. 7. Storm water runoff generated by the buildin and parking area of Lot 2 shall be directed, by storm sewer, to the ditch on the east side of Old Sibley Memorial Highway. 8. The developer shall prepare covenants to file with the plat assuring driveway access to both parcels. Aye: 5 Nay: 0 WAIVER OF SUBDIVISION, GEORGE BOHLIG Community Development Director Reichert gave a staff report, noting that the city does not have a drainage easement around this lake, and would like to obtain that at this time. George Bohlig, 1680 Blackhawk Cove, indicated he is opposed to signing an easement because none of the lots in this subdivision have ponding easements. His application has nothing to do with the lake levels, and it would take a considerable amount of land. He feels this should be brought up with all of the property owners, not just him. He would like permission to adjust the lot line without requiring an easement. Councilmember Hunter asked why a drainage easement is needed in this area. Director of Public Works Colbert explained that according to the Comprehensive Plan, there are two elevations for every lake: the normal water level and the high water elevation which varies depending on the drainage basin that a lake is designed to balance to temporarily hold significant rainfall events. The city's subdivision ordinance suggests that an additional three feet be acquired as a safety factor for the easement After speaking to Mr. Bohhgg and hearing his concerns, it was felt that perhaps the additional three feet wasn't necessary. However, Mr. Bohlig still has concerns due to the amount of property it incorporates. Councilmember Hunter stated he feels that the City's request is reasonable. Mayor Egan concurred, but is concerned about making this a condition of Mr. Bohlig's request He would prefer to handle all of the lots at once. Considerable discussion followed concerning lake levels. Masin moved, Hunter seconded a motion to approve a waiver of subdivision allowing a minor lot line shift of the common lot line between Lots 2 and 3, Block 1, Blackhawk Hills Addition, at 1670-1680 Blackhawk Cove, subject to the condition that the triangular shaped lots on the ends of the parcels be combined to the adjacent parcels for tax purposes. Aye: 5 Nay: 0 RECOMMENDATION, AIRPORT RELATIONS COMMISSION, DUAL TRACK AIRPORT PLANNING PROCESS POSITION Assistant to the Administrator Jon Hohenstein reviewed the recommendation by the Airport Relations Commission, emphasizing the recommendation that Dakota County delay their position until the city's position has been determined, and that Dakota County hold public hearinggss and provide more input Discussion followed concerning the S.O.A.R. group, and the recommendation of the commission. Councilmember Masin stated she concurs with the recommendation. She is concerned that the county board is willing to take a position at this point with what seems to be an apparent lack of information. She would like to send them aletter asking them to provide the city with any information they have that they are using as a basis for their recommendation. She noted that if the county is using as the reason for their recommendation that they want the land to stay farmland, they should also state that that land will not be able to be rezoned from agricultural if the airport isn't relocated. Mayor Egan stated he cannot believe that the county is in a position to make a learned, judmental position on this issue at this point He feels it is very premature. Discussion followed concerning the- county's position, the impact on existing commercial property in Eagan, and the concept of land banking. Hunter moved, Masin seconded a motion to approve the recommendation of the rt Relations Commission for presentation to the Dakota County Board relative to its consideration of the DualTrruck Airport EAGAN CITY COUNCIL MINUTES; SEPTEMBER 20, 1995 PAGE 10 Planning process as follows: 1. Request that the County's decision be delayed until the City's position is determined. 2. Reiterate the City's resolution that the County consider all impacts of both alternatives before making a decision. 3. Encourage the County to hold public hearings, conduct public opinion survey research or use other means to engage all potentially affected residents and businesses about the issue. 4. Encourage the County to inform the public in a balanced and unbiased manner regarding the benefits and consequences of each alternative to provide a reasonable basis for public input 5. Offer preliminary mitigation recommendations. 6. As a matter of principle, oppose County funding of interest groups for lobbyin purposes. If the County chooses to fund interest groups, equal funding should be provided for interest groups supporting other alternatives. 7. Indicate that more County residents will be affected environmentally by expansion of the current airport than will be affected by the relocated airport In addition, because the predominant destinations from MSP are southeast, south and southwest, the most populous portions of the County will be more affected by expansion of the current site than will be affected by relocation. 8. Present evidence to the County that there would also be benefits to the County associated with an e issue, no airport southeast of the metropolitan area and that because of the complex nature of th decision should be made without full consideration of all impacts. Aye: 5 Nay: 0 Councilmember Masin requested that a letter be sent to the County querying about the information they used and how they were ready to arrive at a conclusion at this point Mayor Egan suggested he send a letter requesting a meeting, and he can address those issues at the meeting. ON-STREET PARKING RESTRICTIONS Director of Public Works Colbert gave a staff report reviewing the reasons for suggesting parking restrictions on Town Centre Drive. He noted there have been numerous complaints about the on-street parking that continues to grow in this area as a result of the adjacent apartment complex. He reviewed the number of parking stalls for the apartment complex, other possible alternatives for adding parking and the number of accidents at this location. He noted ititas been suggested to city staff by numerous people that there should be total parking restrictions in this area. Gretchen Gensler, of Waterford Apartments, indicated they are aware that there is a problem there. They have started assigningg pparking spots. She presented a letter from her superior in Canada and noted that they are working on the ,roblem, but t1?ey need a little more ti me to make some changes. They will need to get some permits from the city to remove the grass and move the trees to add more parking. She also indicated they would like some help on restricting how close cars can Irk to their exits. They do have a letter drafted to the residents telling them to start using their garages for parking rather than storage. Wachter moved, Awada seconded a motion to approve parking restrictions on Town Centre Drive and O'Leary Lane near Waterford Apartment, but that the restrictions not be enforced until the next Council meeting. Councilmember Awada suggested the apartment complex pursue purchasing the adjacent property for additional parking. Councilmember Hunter suggested that regardless of at plan comes back, parkin be restricted at least on the north side of the street. Some discussion followed concerning what the intent of he motion is and whether parking should be restricted on one or both sides of the street. Aye: 5 Nay: 0 Lauren Florine, 4085 Lexington Avenue, expressed a concern about safety in this area. Discussion followed as to when the signs should go up and some confusion ensued as to what the motion intended as to when the restrictions will go into effect. Wachter moved, Awada seconded a motion to rescind the previous motion and to approve parking restrictions on Town Centre Drive and O'Leary Lane, and that signs be posted in 30 days. Aye: 5 Nay: Director of Public Works Colbert reviewed the reasons for suggesting parking restrictions on Thomas Center Drive. Bill Garlich, one of the owners of Lifetime Fitness, expressed his oppositi on to these parking restrictions. He noted that they have an agreement with Byron Watschke to have overflow parking in his additional parking area when the area is developed. With the delay of his development, they are unable to use that parking space. EAGAN CITY COUNCIL MINUTES; SEPTEMBER 20, 1995 PAGE 11 Eliminating on-street parking would be a great stress to them and their members. Mayor Egan noted that according to staff reports, their parking lot is half empty while there area lot of cars parking on the street and it creates a safety hazard. Mr. Garlich noted that they lave approached Thomas Lake Center for use of their parking lot and have been denied. Councilmember Hunter noted that he is a member of the dub and he feels that as long as there is parking available in the street, people won't park in the lot when there are spaces available. He feels the only solution is to ban the parking because it causes a safety concern. Discussion followed. Wachter moved, Hunter seconded a motion to approve parking restrictions on Thomas Center Drive near LifeTime Fitness, with signs to be posted in 30 days. Aye: 5 Nay: 0 Director of Public Works Colbert reviewed the reasons for proposing parking restrictions on Thomas Lake Road and Rahn Road. Hunter moved, Wachter seconded a motion to approve pparkin restrictions on Thomas Lake Road near Thomas Lake Elementary School; and on Rahn Road near Cliff Lake Townhomes and Rahn Park, with signs to be posted in 30 days. Aye: 5 Nay: 0 Councilmember Wachter suggested that Blue Cross Road be reviewed for parking restrictions. Councilmember Hunter noted that there are signs posted there, but people park there anyway. It was suggested there be better enforcement in that area. Administrator Hedges noted that he was contacted by Representative Andy Dawkins about serving on a subcommittee on Local Government Aid and Service Delivery. Councilmember Masi reported on a meeting she attended for Dakota County League of Governments, the Minnesota Valley Transit Authority hub opening, and noted an upcoming meeting of the Global Task Force, noting that Ann Carlon will be attending on behalf of the city. Special Hunting Permit/Michael Balfanz. Awada moved, Egan seconded a motion to approve the special hunting permit for Michael anz. Aye: 5 Nay: 0 Deer Problem/The Waters. Awada moved, Wachter seconded a motion to approve the special_ hunting permits for police personnel del Schrader, Curtis Sticha, Kevin McGrath, James Thielen, Randall Larson and Daniel mason to take ten of the seventeen deer, seven doe and three bucks, by bow and arrow, on the vacant land in the area known as The Waters. Awada moved, Hunter seconded a motion to request Dakota County Highway Department to post "Deer Crossing" signs at Lone Oak Road and Highway 149, and at Highway 149 and Dodd Road. Aye: 5 Nay: 0 Costs Associated with the Vacation of Cedarvale Drive. Director of Public Works Colbert noted that on August 1st, the Council approved the vacation of arv a Drive; however, there was no direction as to clarification on the application fee and reimbursable costs associated with the preparation of the feasibility report The easement and maintenance agreement are ready to proceed, but no fees have been received. Hunter moved, Awada seconded a motion that it was the Council's intent to impose the application fee and reimbursable costs. Councilmember Awada indicated that it was discussed and the intent was clear. Mayor Egan concurred, stating that this Council does not forfeit fees. Aye: 5 Nay: 0 Results of Private Well Testing/Southeast Ea an. Councilmember Wachter expressed a concern about the wells tlia-t were found to have high levels of contaminants. Director of Public Works Colbert noted that at the last meeting, the Council approved an addendum to the reservoir bids to include the city logo. He noted that there wasn't enough time to put together the design specifications for the logo, so it will have to be done through the contractor with a change order. He reviewed several designs. Wachter moved, Awada seconded a motion to set a special workshop on October 2, 1995 at 5:00 p.m. Aye: 5 Nay: 0 Councilmember Wachter reviewed several change orders for the Municipal Center. Administrator EAGAN CITY COUNCIL MINUTES; SEPTEMBER 20, 1995 PAGE 12 Hedges reviewed the progress of the Civic Arena and the upcoming opening events. Mayor Egan noted he will be meeting with Don Larson from Pazkview Golf Course re~azdmg the sale of Carria Hills Golf Course. Councilmember Masin reviewed an upcoming meeting on policy analysis on October 2nd Counciimember Hunter reviewed what was covered at the Public Works Committee meeting. He also noted that the Tree Preservation Guidelines have never been officially been adopted to be part of the code. Therefore, even though there is an incorporation by reference in the code, it is meaningless, because they have never been officially approved as a section of the code. He is requesting that this be placed on the next agenda. Councilmembers concurred. Councilmember Awada noted that Tony Caponi wants to meet next week about the referendum. Wachter moved, Egan seconded a motion to approve the checklist dated September 15, 1995 in the amount of $2,258,914.61. Aye: 5 Nay: 0 The meeting adjourned at 10:53 p.m. DLP September 20, 1995 A.L- Date 41City erk If you need these minutes in an alternative form such as large print, braille, audio , etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681600, (TDD phone: (61454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status or status with regard to public assistance.