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10/16/1995 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota October 17, 1995 A regular meeting of the Eagan City Council was held on Monday, October 17, 1995 at 6:30 p.m. at Black Hawk Middle School. Present were Mayor Egan and Councilmembers Awada, Wachter, Masin, and Hunter. Also present were City Administrator Tom Hedges, Community Development Director Peggy Reichert, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. m Wachter moved, Hunter seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 Mayor Egan noted that on page 7, last paragraph, where it says 'Council Vice President", the correct tide Is 'Acting Mayor'. Councilmember Masin noted that since there were only four members present, the votes should read 4-0. She also noted her name was misspelled on page 5. Hunter moved, Masin seconded a motion to approve the minutes as amended. Aye: 4 Nay: 0 (Councilmember Awada abstained.) Wachter moved, Masin seconded a motion to approve the minutes as presented. Aye: 4 Nay: 0 (Councilmember Awada abstained.) EPAD01,"11 RECEIVE BID AND AWARD SALE, $3,375,000 GENERAL OBUGATION IMPROVEMENT BONDS Dave MacGUilvray, of Springsted, reviewed the three bond sales and what they will be funding. He reviewed the results of the sale. He explained an unfunded mandate by the government, which is a secondary market disclosure requirement. He also noted that the city's credit rating was upgraded by Standard and Poors from A+ to AA-. The reasons given by Standard and Poors were: strong growth in the city's market value spurred by residential and commercial development; favorable location providing easy access to downtown Minneapolis and St. Paul; continued sound financial management; and improved debt ratios and manageable direct debt burden. He noted that the low bidder for the $3,375,000 General Obligation Improvement Bonds, Series 1995 was Harris Trust & Savings Bank at an interest rate of 4.7765%. Wachter moved, Awada seconded a motion to receive the bids and award the sale of $3,375,000 General Obligation Improvement Bonds, Series 1995A to Harris Trust & Savings Bank. Aye: 5 Nay: 0 RECEIVE BID AND AWARD SALE, $820,000 GENERAL OBUGATION EQUIPMENT CERTIFICATES ON INDEBTEDNESS, SERIES 1995B Dave MacGillivray, of Springsted, noted that the low bidder was Norwest Investment Services, Inc.; FBS Investment Services, Inc. and Piper Jaffray Inc., at an interest rate of 4.2773%. Hunter moved, Awada seconded a motion to receive the bids and award the sale of $820,000 General Obligation Equipment Certificates of Indebtedness, Series 1995B to Norwest Investment Services Inc.; FBS Investment Services, Inc. and Piper Jaffray Inc. Aye: 5 Nay: 0 RECEIVE BID AND AWARD SALE, $3,275,000 GENERAL OBUGATION IMPROVEMENT REFUNDING BONDS, SERIES 1995C Dave MacGillivray, of Springsted, noted that the low bidder was Harris Trust & Savings Bank, at an Interest rate of 4.6287%. He noted that the purpose for this issue Is to reduce interest costs. It will reduce the 00253 EAGAN CITY COUNCIL MINUTES; OCTOBER 17, 1995 PAGE 2 Interest rate from 6.4% to 4.64%, resulting In a net savings of $877,000 between today and the year 2010. The present value is $356,000, or a 26% reduction in outstanding interest costs. Awada moved, Wachter seconded a motion to receive the bids and award the sale of $3,275,000 General Obligation Improvement Refunding Bonds, Series 1995C to Harris Trust & Savings Bank. Aye: 5 Nay: 0 NS N'#` A9 A. Personnel Items Item 1. It was recommended to approve the hiring of Kerry Yehle as a Part-time Receptionist/Clerical Technician II for the Police Department. Item 2. It was recommended to approve the hiring of Teresa Pojman as the temporary part-time MIS Intern. Item 3. It was recommended to approve the hiring of Angela Degenaar as a seasonal pre-school program substitute. Item 4. It was recommended to approve the hiring of John VanDiver as a skilled seasonal equipment maintenance worker. Item 5. It was recommended to approve the hiring of Chris Beckman, Christena Benz and Andrew Flocchini as part-time seasonal concession stand workers In the Civic Arena. Item 6. It was recommended to approve the hiring of Marv Volden as a part-time seasonal skate guard for the Civic Arena. Item 7. It was recommended to approve the hiring of Nora Bundy, Alison Kending, Deborah Marsh, Jacqueline Nichols and Mindy Roux as part-time seasonal skating Instructors for the Civic Arena. B. Project 693. Cedar Grove 11th and 12th Addition Streetlights. It was recommended to approve a contract with Dakota Electric Association for the Installation of streetlights within the Cedar Grove 11th and 12th Additions under Project 693 and authorize the Mayor and City Clerk to execute all related documents. C. Joint Powers Aareement with the South Metro Drug Task Force. It was recommended to approve the 1996 joint powers agreement as presented. D. Comprehensive Guide Plan Amendment. Southeast Industrial Area. It was recommended to approve a Comprehensive Guide Plan Amendment changing the land use designation for Halley's Addition and two unplatted parcels between Highway 3, Red Pine Lane, Gun Club Road and Haley's Addition from D-I Single Family Residential to Industrial. 95.73 E. Contract 93-GG. Autumn Ridge 4th Addition. It was recommended to acknowledge completion and authorize City maintenance for Contract 93-GG subject to appropriate warranty requirements. F. Contract 95-14. Clemson Drive. It was recommended to approve the plans and specifications for Contract 95-14 and authorize the advertisement for a bid opening to be held at 10:30 a.m. on November 3, 1995. G. project 689. Haves and Delosh Additions Storm Sewer. It was recommended to change the public hearing date for Project 689 from November 6 to November 21, 1995. H. Approve Resolution. Municipal State Aid Funds. It was recommended to approve a resolution requesting advanced encumbrance of Municipal State Aid funds and authorize the Mayor and City perk to execute all related documents. 95.74 OO254 EAGAN CITY COUNCIL MINUTES; OCTOBER 17, 1995 PAGE 3 1. Set Public Hearing. Final Assessment of Delinquent Weed Cutting and False Alarm Bills. It was recommended to set a public hearing for November 6 to consider the final assessment of the delinquent weed cutting and false alarm bills and certify them to Dakota County for collection with property taxes. J. Anoolntments to Holz Farm Task Force. it was recommended to approve the addition of Pam Johnson, Steve Levin, Vivian Nelger and Patti Johnson to the Holz Farm Task Force. K Findings of Fact. Denial of Conditional Use Permit. Ballard Transfer and Storage. It was recommended to approve the findings of fact on denial of a conditional use permit for Ballard Transfer and Storage for Lots 1 through 3, Block 6, Eagandale Center Industrial Park. L Findings of Fact. Denial of Conditional Use Permit. Video Update. It was recommended to approve the findings of fact on denial of a conditional use permit for Video Update, located on Lot 3, Block 1, Thomas Lake Center. M. Massage Therapist Ucenses for Tina Hengel and Jennifer Lambert at The Tropics. It was recommended to approve the massage therapist licenses as presented. N. Commercial Refuse Haulers License. Haul Tech Environmental. It was recommended to approve the commercial hauling license as presented. 0. Gambling Premise Renewals. Dakota County Humane Society. for LaFonda De Los Lobos and Valley Lounge. It was recommended to approve renewals of gambling premises permits for Dakota County Humane Society as presented. 95.75 P. Contract 94-16. Red Oak Addition and St. Francis Woods. It was recommended to acknowledge completion of Contract 94-16 and authorize perpetual City maintenance subject to appropriate warranty provisions. 0. Project 673. Authorize Settlement and Payment for City Easement #552. Red Pine Lane. It was recommended to approve the stipulation of Easement #552 associated with City Project No. 673R in the sum of $6,000. R. Extend Moratorium on Residential Garbage and Recycling Hauler Ucenses. It was recommended to extend the moratorium on the Issuance of additional residential garbage and recycling hauler licenses. Awada moved, Wachter seconded a motion to approve the consent agenda as presented. Aye: 5 Nay: 0 S PROJECT 674, VIOLET LANE FINAL ASSESSMENT HEARING Director of Public Works Colbert gave a staff report. Mayor Egan then opened the public hearing to anyone wishing to speak. Dave Johnson, of DU Associates, noted that In going through the numbers, the project was done on budget. He noted that the LeMleux property assessment was reduced to $35,000. Therefore, DU Associates picked up 72% of the cost of this project, and the LeMleux's paid 28%. He feels the LeMleux's have greatly Improved their property by having city services. He noted that DU Associates Is contributing $12,265 of their project Improvement. He noted the assessment per lot was expected to be $8,300 In assessments, and it will now be $9,500, which they can't recover because six lots are already sold. He feels there may be an error in the services and allocations due to the fact that costs went up $20,000. Mayor Egan stated he feels the flexibility shown by him in the assessments with respect to the LeMleux's Is a demonstration of good faith. He EAGAN CITY COUNCIL MINUTES; OCTOBER 17, 1995 PAGE 4 feels DU made their development much more palatable to the neighbors, and expressed his appreciation for making that effort. John LeMieux, 1535 Violet Lane, stated there was no agreement made on these assessments. Mayor Egan stated he feels the developer took an unprecedented step by offering a concession. Mr. LeMieux noted that there are no hookups or stubs to his land. Discussion followed concerning service to the LeMieux property and Director of Public Works Colbert indicated he can check his property and verify the location of the water service stub. There being no one else wishing to speak, Mayor Egan then turned the discussion back to the Council. Hunter moved, Wachter seconded a motion to dose the public hearing and approve the final assessment roll for Project 674 and authorize its certification to Dakota County. Aye: 5 Nay: 0 PROJECT 666R, WATERVIEW ADDITION FINAL ASSESSMENT HEARING Director of Public Works Colbert gave a staff report. Mayor Egan then opened the public hearing to anyone wishing to speak. Doug Johnson, 4775 Dodd Road, stated he and his neighbors are opposed to the size of the assessment. They would like to be treated similar to those on the north end of Dodd Road, who had a similar issue that went to court. He presented a petition of people who are opposed to the assessments. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. Councilmember Masin suggested that a portion of the assessments that aren't Impacted by the Waterview development be deferred until the time of hookup. Councilmember Hunter stated he believes it is usually deferred with interest until the lots are either sold or subdivided. Councilmember Awada stated she would like more Information on exactly what the decision was on the north end of Dodd Road. City Attorney Sheldon responded that the judge's decision was that the benefit was determined by taking the value of the assessments and subtracting the cost for the Individual property owner to hook up to the services. Councilmember Awada Indicated she would like an analysis of that compared to these numbers because she feels the Council needs to know what will hold up in court to make future decisions. She would like to continue this until more information is received. Director of Public Works Colbert indicated that this is the last meeting that the Council can certify the assessment roll so it can be collected starting in 1996. He suggested the assessment roll could be certified tonight and adjusted later. Considerable discussion followed concerning whether or not to certify the assessment roll. Awada moved, Hunter seconded a motion to continue the public hearing and refer it to the Public Works Committee to review this Issue and the legal ramifications. Councilmember Hunter stated he prefers to dose the public hearing so notices don't have to be resent and Councilmember Awada accepted that as a friendly amendment. Director of Public Works Colbert asked whether the Council would consider adopting the assessment roll except those who submitted a written objection. Councilmember Awada stated she prefers to handle them all at once and Councilmember Hunter concurred. Some discussion followed. Aye: 5 Nay: 0 Off:>BUSI SS REVISED PRELIMINARY PLANNED DEVELOPMENT AMENDMENT AND PRELIMINARY SUBDIVISION, SAFARI AT EAGAN 3RD ADDITION Community Development Director Reichert gave a staff report, reviewing both what was originally proposed, and the various revisions made to the plan. She reviewed the concerns the neighbors have expressed in the past, and how this plan is proposed to deal with those issues. She noted that she thought the neighbors were in agreement with this plan, but has since found out that they are still not happy with this proposal. She feels this is a good compromise. EAGAN CITY COUNCIL MINUTES; OCTOBER 17, 1995 PAGE 5 Byron Watschke, of Fortune Realty, stated he feels they have bent over backwards trying to satisfy the city as well as the neighbors. He noted the plan has changed four times, and the theater has gone from 1,500 seats to 400 seats. The theater was moved to the south, away from the neighborhood. The commercial buildings were moved closest to the residential area because they are predominantly daytime operations. They have greatly reduced the commercial Intensity and solved the parking problems. He complimented the Community Development staff for the good job they did on the staff report. They have proposed a three member committee consisting of himself, Carl Dale, and one member from the neighborhood to supervise the construction and development of all three sites. They are willing to continue to work with the neighbors. He feels this Is a good project for the city and they accept all of the conditions proposed by staff. Gary Krueger, 4532 South Mallard Trail, representing the Thomas Lake Townhome Association, Indicated they are unanimously opposed to this plan. They feel that this project, especially the Cinema Grill, is not compatible with the surrounding residential area due to traffic congestion, inadequate parking, noise, alcohol being served, odors, lights shining on neighboring properties, etc. If the Council feels they can't deny this, he asked that they demand it be done with some consideration for the neighboring properties. He feels the Williams Pipeline should be lowered, and that committed tenants be required for all buildings. Teresa Wilson, 4601 Beacon Hill Court, stated she feels the neighborhood south of Cliff Road has been totally Ignored in this process. They are also in a residential neighborhood and have never been notified of any of these meetings, and they will be directly Impacted by this project. She is opposed to this development due to concerns about safety, traffic, noise, serving of alcohol, odors from the restaurant, etc. Mayor Egan Indicated that the notice requirement is only for those within 300 feet of the subdivision. Counciimember Masin asked what she anticipated being built there. Teresa Wilson responded that they were forced to move quickly and bought the first house available, so she had no idea what was across the street. She liked the empty field. She would like to see a park there. Mayor Egan noted that people have an obligation to make reasonable Inquiries of what Is to go in the area when buying a home. There is a sign on the property saying that a shopping center is going in there. This has been zoned neighborhood commercial and there Is already a commercial strip mail on the property. It is not unreasonable to expect people to make reasonable Inquiries about surrounding uses. Councilmember Awada added that the developer has rights to use the property and what is being proposed is consistent with the zoning. Under the current zoning, it could actually be developed more dense than what Is proposed. Sandy Unger, 4542 South Mallard Trail, stated she would prefer that the office building not be two stories. The commercial building is closest to the neighborhood. She expressed some concern about the landscaping and screening. She Indicated the neighbors are willing to continue to work with the developer, however, they have had a lot of problems with the developer in the past and there is a lack of trust. Mayor Egan asked whether lowering the pipeline would change the grade elevation and whether it is still feasible to do. Director of Public Works Colbert Indicated It is still feasible; however, he can't speak to the economics of doing that. There being no one else wishing to speak, Mayor Egan turned discussion back to the Council. Councilmember Masin stated that If the developer Isn't going to lower the pipeline, it might be better to reduce the office buildings to one story. She feels the lighting Issue has been resolved, but it still bothers her that the city can't go back to the health club to enforce what was supposed to be done. She doesn't feel the city should do anything until that is resolved. Councilmember Hunter noted that this is a pending proposal and the city can impose conditions. However, L fetime Fitness is built and there Is nothing to hold over their heads at this point. Councilmember Wachter stated he doesn't approve of the landscaping plan. He would like to talk to the City Forester about the species of trees proposed. Community Development Director Reichert noted that this Is just a preliminary plan. Some of these details can be worked out before the final plan is submitted. 0('1257 EAGAN CITY COUNCIL MINUTES; OCTOBER 17, 1995 PAGE 6 Councilmember Hunter noted that this is a significantly different proposal from what was originally proposed. The main objection has been to night time use and its proximity to the residents. This proposal moves the high intensity night time use to Cliff Road. Mr. Watschke has worked very hard with the residents on this project. The city has performance guarantees and he supports this proposal. Councilmember Awada stated she feels this plan will take care of the parking problems. She supports this proposal. She feels it is a great improvement over past plans. It is a less intense use than what could go there under this zoning. They have come a long way and at some point, a compromise has to be reached. Councilmember Hunter asked about the a financial guarantee for landscaping. Community Development Director Reichert noted that that is a standard in the code. Councilmember Hunter recommended that a construction committee be formed before the final planned development. Discussion followed. Mayor Egan concurred that he feels the parking problem has been resolved. He feels the developer has come up with a plan that meets the Intent of a neighborhood shopping center. Awada moved, Wachter seconded a motion to approve the preliminary planned development amendments to allow a 10,500 square foot, 400 seat movie theater/restaurant on Lot 1, a 20,800 square foot two story office building on Lot 2, and a 16,640 square foot two story office building on Lot 3, all of Block 1, Safari at Eagan 3rd Addition, subject to the following conditions: 1. The term of the preliminary planned development is five years. 2. Execution of a preliminary planned development agreement amendment for the following uses: Lot 2: a two story, 20,800 square foot office building with 129 parking spaces on 1.99 acres; Lot 3: a two story, 16,640 square foot office building with 106 parking spaces on 2.30 acres. 3. A 400 seat, three screen theater/restaurant which serves beer and wine, is approved to be developed on Lot 1, Block 1, Safari at Eagan 3rd Addition. 4. Execution of a final planned development agreement. The following exhibits are necessary for this agreement: final site plan, building elevations, signage plan, landscape plan, fighting plan and plat. Upon submission of these final plans, provided they are in conformance with the preliminary plans submitted, the final planned development may proceed to the City Council for approval. 5. The owner will be required to apply for, and be approved for a beer and wine license. 6. The movie theater/restaurant shall be constructed with an odor reducing system in the kitchen in order to minimize and prevent the grill and deep fryer odors from escaping the building. 7. All bituminous parking and drive aisle areas shall be properly maintained. 8. The developer/owner shall install and maintain all landscaped and sodded areas including the underground irrigation system. 9. The landscape plan will be revised to include additional plant materials and a change of plant materials reducing the number of ash trees. 10. The full amount of the total estimated cost of the landscaping for the site will be calculated to the financial guarantee amount. 11. Permanent nonexclusive cross parking easements will be required for this development and for Lot 1, Block 1, Safari at Eagan 2nd Addition (Lifetime Fitness). EAGAN CITY COUNCIL MINUTES; OCTOBER 17, 1995 PAGE 7 12. The remaining portion of the fence along the north property line of Lot 3, Block 1, and along the entire west property line of the 7.7 acre site shall be installed immediately following the final grading of the site. 13. The lighting plan be revised to show the west 25' high lights be lowered to 12' with 0.0 footcandles at the edge of the property. 14. Light deflecting shields shall be placed on all perimeter parking lot lights in order to prevent light from shining onto the residential property. 15. The office building parking lot lights located on Lots 2 and 3 shall be extinguished at 10:00 p.m. every night. 16. The developer shall submit a financial guarantee for the parking lot lights as part of the development contract. Aye: 5 Nay: 0 Awada moved, Wachter seconded a motion to approve the preliminary subdivision for Safari at Eagan 3rd Addition for three lots on 7.7 acres In the Southwest Quarter of Section 28, subject to the following conditions: 1. The developer shall comply with standard conditions of plat approval Al, B1, B2, B3, B4, C1, C2, C4, D1, El, G1 and H1 as adopted by Council on February 3, 1993. 2. The developer will be required to submit detailed plans and specifications showing the retaining wall construction. 3. Existing 1 1 /2N copper water service lines, that will not be utilized by this development but are stubbed to this site from Thomas Center Drive, shall be capped and abandoned according to City standards. 4. Permanent nonexclusive Ingress and egress easements will be required from this development across the health club parking lot in the Safari at Eagan 2nd Addition and across Outlot A of Safari at Eagan 3rd Addition. 5. Thomas Center Drive shall be widened by 8' to provide a southbound right turn lane of approximately 150' to Cliff Road. 6. the developer shall be required to install a 6' wide concrete sidewalk to complete the sidewalk installed along the north and west side of Thomas Center Drive with the Safari at Eagan 2nd Addition (Lifetime Fitness) development. The 3rd Addition sidewalk segment will complete the concrete sidewalk from Thomas Lake Road to Cliff Road via Thomas Center Drive. Aye: 5 Nay: 0 Community Development Director Reichert requested direction from the Council relative to the unmet conditions at Lifetime Fitness. Wachter moved, Masin seconded a motion to direct a letter to Lifetime Fitness concerning non-compliance with approved plans. Aye: 5 Nay: 0 ORDINANCE AMENDMENT, SECTION 6.36 REGARDING SOLICITORS Administrator Hedges gave a staff report. Finance Director VanOverbeke explained the situations where registration would be needed under this ordinance. Councilmember Awada asked how this will benefit the city. EAGAN CITY COUNCIL MINUTES; OCTOBER 17, 1995 PAGE 8 Finance Director VanOverbeke responded that the benefit is that the city has a list of the people who are going door-to-door in the community and have an opportunity to tell them when the city wants them to do the solicitation and some guidelines for the approach they take, as well as some leverage if they do not comply with those guidelines. Councilmember Awada stated she doesn't think this ordinance will do anything. All it does is make people register. Because the City can't discriminate based on product, all groups would need to register such as community groups, school groups, Girl Scouts, etc. Councilmember Masin stated she sees some benefit to having them registered, so If there is a question, the city knows they are legitimate. Finance Director VanOverbeke indicated it doesn't mean they are legitimate since there Is no background Investigation. He noted that was done in the past, but they were advised that it Is not legal to do that. The decision to be made is whether to register everyone, or no one at all. Councilmember Awada stated she feels the legitimate people will register, and the questionable ones will not. Councilmember Hunter concurred. Councilmember Wachter and Mayor Egan indicated they would like to give it year trial. Wachter moved, Masin seconded a motion to approve the ordinance amendment as presented. Aye: 3 Nay: 2 (Awada, Hunter opposed.) OPTION AGREEMENT, NORTHWESTERN MUTUAL LIFE INSURANCE CO. Administrator Hedges reviewed the background on this Item. Councilmember Wachter stated he feels the city is being pressured into this. He doesn't know if the city should even be In the golf course business, and the city doesn't have any reports on this. The owner of Carriage Hills has a cash offer and wants the city to give him an answer right now. The City can't come up with that kind of cash on such short notice. The City could put in an option, but the owner could still take the cash offer. He doesn't think the city should get Into this on such a short notice. He Is not opposed to the idea of acquiring Carriage Hills, but is opposed to that amount of money on such a short notice. The citizens don't have a chance to express their opinion on this or hold a public hearing. He is definitely opposed to the purchase of Carriage Hills Golf Course at the price they are asking for It. He would have gone along with the option If they hadn't put this kind of pressure on the CRY. Councilmember Masin indicated that the City is running out of time and land. She doesn't think the city has a lot to lose by keeping the option open by 60 days. She feels the city should keep its options open, at least on the Northwestern Mutual property. Mayor Egan noted that the residents of Eagan place public trust in the Council by electing them. He Is concerned about losing one of the city's golf courses. The citizens have given the Council the power to make decisions on their behalf. He feels the Council needs to do what it perceives to be in their best interest. Considerable discussion followed concerning the purchase price of both Carriage Hills and the Northwestern Mutual property and how to proceed from here. Masin moved, Awada seconded a motion to direct staff to make a new offer for an option agreement with Northwestern Mutual that would include coming to some type of conclusion within 60 days. At this point, several people who live near Carriage Hills Golf Course expressed concerns about losing the golf course, the amount of money needed to make Carriage Hills operational and residents' preference of having Carriage Hills remain a golf course. City Attorney Sheldon clarified the process that would be followed If the owner petitions for changes to that property. He noted that the Council does not make a decision until all of the facts are presented. Councilmember Hunter added that the Council cannot make the owner operate that property as a golf course. However, there are a number of eligible uses in the Public Facility zoning. The owner has a right to reasonable use of his property. Aye: 4 Nay: I (Wachter opposed.) REQUEST FOR APPROVAL OF PUBLIC RIGHT-OF-WAY AND UTILITY EXTENSION, VANTAGE POINT Community Development Director Reichert gave a staff report, reviewing the background of this request. City Attorney Sheldon added that if the Council grants the right-of-way and utility access through the park, it EAGAN CITY COUNCIL MINUTES; OCTOBER 17, 1995 PAGE 9 should be conditioned upon deeding to the city the existing private easement that that property now holds, so there Is only one right-of-way. Mayor Egan noted that the County would have to approve access directly onto Diffley Road, noting that two lots would be lost as a result of that. He asked whether the grading would be adequate for city standards with direct access onto Diffley. Director of Public Works Colbert responded that it would. Councilmember Awada asked whether access through a park has been approved anywhere else In the city. Director of Public Works Colbert Indicated he cannot think of any situation where this type of access was granted. Considerable discussion followed concerning public right-of-way and the Advisory Parks, Recreation & Natural Resources Commission and Advisory Planning Commission recommendations. Mayor Egan noted that because access to Diffley Road Is available, and the grading is adequate, he would not support access through the park. He reviewed the reasons stated in the staff report. Todd Rapp, representing Remo and Karen Caponi, the developer of Vantage Point subdivision, stated he feels there have been Inconsistent and incorrect representations made about the development In the staff report. He reviewed the subdivision and easements. He reviewed the history of this request and the court decision regarding the preliminary plat. He noted that the staff report that originally considered the preliminary plat application suggested that the ordinances could reasonably be Interpreted to impose reasonable conditions, which were listed In the staff report, and they don't have any objection to them. The Caponi's originally proposed access to the north of the water tower because that Is where the easement was located. Staff's suggestion was to move it to the south of the water tower, and Engineering staff redesigned the access, and that is the proposed condition of preliminary subdivision approval that was contained In the original staff report and in the preliminary plat materials that were considered after the District Court ruling. Staff seemed to be amenable to the notion that the new public street be provided through the park to serve the development, and that the existing gravel driveway be removed and the existing easement be terminated. What the Council is talking about tonight is changing the preliminary plat, which is Inappropriate. As a result of the court decision, the Caponi's have a right to the layout and design of the preliminary plat as originally proposed, subject to fair conditions, which Is where within the public park the road should be located. He alluded to a discrepancy In the reference to a letter from Lee Markell, of the Advisory Parks, Recreation & Natural Resources Commission, noting that there are several letters being referred to. The Council packet refers to a July 1, 1994 letter, but the one that was sent was dated July 18, 1994 and was on city letterhead addressed to the Advisory Planning Commission. On the only occasion that the APRNRC considered this proposed development before the preliminary plat was certified as accepted, there was a May 17, 1994 memo from Ken Vraa to Peggy Reichert, wherein no opposition was expressed to street access through the park. There has never been a single objection raised by any member of the public to this proposed development. There has never been a single objection, exception or clarification made by any member of staff suggesting that this proposed residential subdivision does not fully comply with all of the ordinances and criteria for a single family development. The only thing "wrong' is that between the time the Caponi's purchased their property, and the date they proposed a development of their property, the City and purchased private property, changed its zoning, developed it as park land, and now is dealing with the problems of that decision, not taking Into account in that process the development rights and reasonable development expectations the Caponi's have always had. The Caponi's proved in court that they ought to be able to develop this property. He doesn't feel the access is an issue any longer. The City has a responsibility to provide them with the access necessary to effectuate the preliminary subdivision as originally submitted. Councilmember Hunter asked about a statement made by Community Development Director Reichert at an earlier meeting relative to details such as access can be worked out at a later date. Todd Rapp elaborated on statements made by Ms. Reichert at that meeting, noting that the access was designed by City Engineering staff In the location they felt was most appropriate. The Caponi's are willing to move it a few feet In either direction, but he feels the location of the road has already been determined. Councilmember Hunter asked whether there were conditions Imposed on the preliminary subdivision. Community Development Director Reichert responded that the preliminary plat was never approved, so the conditions were drafted by staff and recommended by the Planning Commission, but were never adopted by the City Council. The road was designed by Engineering staff, but it was never approved by anyone. EAGAN CITY COUNCIL MINUTES; OCTOBER 17, 1995 PAGE 10 Mayor Egan asked the City Attorney as to what flexibility the city has to redesign the road. City Attorney Sheldon responded that the question before the City Council Is whether or not to grant public road and utility right-of-way through a city park. The property owner currently has a right to take access through the city park for the property with his house on it. They are asking the city to give a larger right-of-way for the public to come through the park and access their proposed development. The subdivision is not the issue tonight. Councilmember Awada noted that the city has never allowed a public road through a park. She doesn't have a problem with the utility extension, but is opposed to the road for all of the reasons on the record and in the staff report. Mr. Rapp responded that the whole purpose of the public park is to provide public access. The Council has admitted in earlier meetings that the additional incremental amount of traffic caused by 11 single family residences wouldn't add significantly to the traffic coming into this park. He feels there is no rational basis for denying access to a plat that has already been approved that begs access through public property. Masin moved, Awada seconded a motion to approve easements to extend water and sanitary sewer through the Lexington/Diffley Park to the Vantage Point subdivision, subject to the condition that the full cost of extending the sewer and water shall be the financial responsibility of the developer. Aye: 5 Nay: 0 Masin moved, Awada seconded a motion to deny provision of a public street access through the Lexington/Diffley Park, for the following reasons: 1. Increased access for ingress/egress from the proposed subdivision through the City park will cause an Increased burden upon the park and its facilities. 2. Access through the park would limit the flexibility of the City with respect to the long term use of the park. 3. The proposed cul-de-sac, with access through the park, is longer than that permitted by City ordinance without variance. 4. Accessing through the City park for an 11 lot subdivision is not desirable and will cause confusion amongst park users and residents in that traffic will enter the subdivision without notice and there is no access to Diffley Road. 5. Accessing the proposed subdivision through park property will require higher priority snowplowing and road and street maintenance of park property by the City than would be required otherwise. 6. The applicants have failed to meet their burden of proof, especially since other reasonable and suitable access is available directly to Diffley Road. and that staff be directed to prepare findings on this matter. Aye: 5 Nay: 0 PREUMINARY SUBDIVISION, KRESSE ADDITION Community Development Director Reichert gave a staff report. Mike Kresse, the applicant, urged Council approval. Hunter moved, Awada seconded a motion to approve the preliminary subdivision for Kresse Addition, subject to the following conditions: 1. The developer shall comply with standard conditions of plat approval Al, B1, B3, C1, C2, C4, D1, El and F1 as adopted by Council on February 3, 1993. ~ ~Il s EAGAN CITY COUNCIL MINUTES; OCTOBER 17, 1995 PAGE 11 2. A variance shall be granted from City Code Section 13.30, Subd. 8.C to allow Lot 2 to be created with access provided from a private easement rather than from a public street. 3. The developer shall dedicate 30 feet of half right-of-way on Skyline Drive along the south edge of the site to allow for possible future extension of Skyline Drive to the south. 4. Architectural designs and construction methods for new construction within the development will incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA. 5. A notice will be recorded on each lot indicating that it Is located within Metropolitan Council Aircraft Noise Zone IV. 6. Protective fencing consisting of 4 foot polyethylene laminate safety netting be Installed at the drip line or at the perimeter of the critical root zone, whichever is greater, of significant trees/woodlands to be presented. 7. The developer shall contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. 8. The developer shall plat the property. Aye: 5 Nay: 0 FINAL PLANNED DEVELOPMENT, PRELIMINARY SUBDIVISION AND CONDITIONAL USE PERMIT KINDERCARE LEARNING CENTERS, INC. Community Development Director Reichert gave a staff report. Awada moved, Wachter seconded a motion to approve a final planned development to allow a daycare facility and related parking lot on Lot 1, Block 1, Galaxie Cliff Addition #1 in the Galaxie Cliff Plaza Addition Planned Development, subject to the following conditions: 1. The final planned development for Lot 1, Block 1, Galaxle Cliff Addition #1 will include a 10,500 square foot daycare facility and 56-stall parking lot with 11 spaces designated for future parking, landscaping, signage, lighting and building materials as shown on preliminary plans submitted. 2. A final planned development agreement shall be executed prior to final subdivision and final planned development approval. The following exhibits are necessary for this agreement: final site plan, building elevation plan, sign plan, landscape plan and lighting plan. Upon submission of these final plans, provided they are in conformance with the preliminary plans submitted, the final subdivision and final planned development may proceed to the City Council for approval. 3. The developer shall enter into an agreement with the City regarding implementation of future parking. 4. All other county and State regulations, permits and licensing requirements shall be applied for and approved. 5. The developer shall use due diligence in cooperating with Burnet Realty to remove the existing bituminous curb and replacing it with a concrete curb and gutter. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MINUTES; OCTOBER 17, 1995 PAGE 12 Wachter moved, Awada seconded a motion to approve a preliminary subdivision for Galaxie Cliff Addition #1, subject to the following conditions: 1. The developer shall comply with standard conditions of plat approval Al, B1, B2, B4, C1, C2, C4, D1, E1, F1, and G1, as adopted by Council on February 3, 1993. 2. The developer shall revise the grading plan to reflect slopes of 3:1 or gentler or construction of retaining walls to meet slope requirements. 3. The developer shall submit detailed plans and specifications with the final grading plan for the construction of any retaining walls within the development. 4. The developer shall maintain a 10 foot buffer between wetlands and any site grading. 5. The developer shall install 4 foot polyethylene laminate safety netting at the drip line or at the perimeter of the critical root zone, whichever Is greater, of significant trees/woodlands to be preserved. 6. The developer shall contact the City Forestry Division at least five days prior to the issuance of a grading permit to ensure compliance with the approved Tree Preservation Plan. 7. The developer shall plat the property. 8. The developer shall provide the City evidence of the shared access and record such easement with the plat. Aye: 5 Nay: 0 Awada moved, Wachter seconded a motion to approve a conditional use permit to allow a pylon advertising sign on Lot 1, Block 1, Galaxie Cliff Addition #1, subject to the following conditions: 1. The conditional use permit shall be recorded at Dakota County within 60 days of Council approval with documentation provided to the City prior to Issuance of the sign permit. 2. The sign shall be subject to the one-time sign fee of $2.50/sq. ft. 3. All applicable City codes. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT, TRUCK AND FREIGHT TERMINAL BENSON-ORTH FOR FRITZ COMPANIES Community Development Director Reichert gave a staff report, noting that since this went to the Planning Commission, it has been revised because the developer would like this to be a larger building, and has now shifted the building to the west to save a lot of the trees In the front. There Is still room for expansion in the back, as well as for the 12 parking spaces they would need to add. The tree mitigation now calls for the addition of 40 trees. Therefore, the recommendation of the Planning Commission Is modified to approve the conditional use permit for a truck and freight terminal on these lots for a 28,700 square foot development, and revised site plan as a result of APRNRC review. EAGAN CITY COUNCIL MINUTES; OCTOBER 17, 1995 PAGE 13 Councilmember Wachter raised an Issue about the acceptable tree species. He would like to clarify this Issue with the City Forester about possibly changing the ordinance. Community Development Director Reichert Indicated she will pass those concerns on to the City Forester. Wachter moved, Awada seconded a motion to approve the conditional use permit for construction of a truck and freight terminal on Lots 19, 20 and 21, Block 5, Eagandale Center Industrial Park #3, subject to the following conditions: 1. Details and elevations of the dumpster enclosure are required. They should demonstrate that it is compatible with the principle structure. 2. The developer shall submit a final landscaping plan for approval by the City. 3. This permit shall be recorded at Dakota County within 60 days of Council approval. 4. The developer shall combine all three lots Into a single tax parcel at Dakota County. 5. The developer shall comply with all parking requirements under the City Code. 6. The applicant shall revise the grading plan to reflect slopes of 3:1 or gentler, or the construction of additional retaining walls to meet the slope requirements. 7. The developer shall submit a final grading and storm drainage plan for approval by the City. 8. The applicant shall be responsible for submitting detailed plans and specifications detailing the construction of any retaining walls for the development. 9. The developer will be responsible for maintaining erosion control measures in accordance with the City's erosion/sediment control standards. 10. A tree mitigation plan will be required prior to the City releasing the conditional use permit for recording at Dakota County. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION, AND CONDITIONAL USE PERMIT ROBERT MARTIN PHASE 11 Community Development Director Reichert gave a staff report, noting that the parking will need to be modified to meet parking standards for both lots. Hunter moved, Egan seconded a motion to approve the preliminary subdivision for Robert Martin Phase II, subject to the following conditions: 1. The developer shall comply with standard conditions of plat approval Al, B1, B2, C1, C2, 04, D1, E1, F1, G1 and H1, as adopted by Council on February 3, 1993. 2. The property shall be platted. 3. The development shall be subject to a cash parks dedication. 4. The development shall be subject to a cash trails dedication. 5. The project Is subject to a cash water quality dedication based on the Increase in impervious surface. $ EAGAN CITY COUNCIL MINUTES; OCTOBER 17, 1995 PAGE 14 6. The developer shall revise the grading plan to reflect slopes of 3:1 or gentler or the construction of a retaining wall to meet the slope requirements. 7. The developer shall be responsible for submitting plans and specifications detailing the construction of any retaining walls for the development. 8. The developer shall be responsible for installing and maintaining erosion control measures In accordance with the City's erosion/sediment control standards. 9. The developer shall prepare a private Ingress/egress document to be revised and approved by the City Attorney's office prior to Council action on the final subdivision. The developer shall record the private ingress/egress easement with the plat. 10. The developer shall acquire the additional easement along the north property line of the Interstate Crossing development to the south needed for construction of the sanitary sewer extension to Lot 2. 11. The developer shall provide adequate parking so that each lot accommodates the required parking for the existing and proposed buildings. Aye: 5 Nay: 0 Hunter moved, Wachter seconded a motion to approve the conditional use permit for a 37,423 square foot truck and freight terminal on Lot 1, subject to the following conditions: 1. The developer shall provide additional coniferous landscaping to screen the loading area from the adjacent property to the south. 2. The developer shall provide adequate parking so that each lot accommodates the required parking for the existing and proposed buildings. 3. The developer shall enter into an agreement with the City for the purpose of implementing proof of parking and the construction of the parking area, when required by the City. Aye: 5 Nay: 0 ST. PAUL PORT AUTHORITY BUSINESS DEVELOPMENT FINANCING Community Development Director Reichert gave a staff report. David Hoeffel, of Register Resale, reviewed their expansion plans, the nature of their business and the building layout. David Stokes and Greg Drehmel, of the St. Paul Port Authority, reviewed their program, the types of projects they work on, and the financing mechanism for the project. Councilmember Awada requested clarification as to whether the City of Eagan needs to be a participant In order to do this project. Mr. Drehmel noted that they will be asking for slightly less than what was originally anticipated. He reviewed other projects they have done in the suburbs. Discussion followed concerning what banks they use for this financing and the requirements under this program. Councilmember Hunter stated that economic development tools are great for communities that are having trouble attracting businesses. Eagan has always had the philosophy of fostering a healthy business climate through low taxes and amenities and that has worked very well. He has a problem philosophically with a healthy business community such as Eagan resorting to guaranteeing loans to expand our business. He doesn't see why the city would want to incur that risk when businesses are already being attracted to the community. EAGAN CITY COUNCIL MINUTES; OCTOBER 17, 1995 PAGE 15 Mayor Egan stated he feels that the risk the city faces compared to the opportunities gained Is minimal. He feels this is just an Introduction to an economic development tool the city may want to be familiar with In the future. He feels it would be beneficial to have a good relationship with these type of agencies in place in the event the City needs to attract businesses In the future. Considerable discussion followed concerning whether Eagan could establish Its own port authority, and how many of the new jobs must be Eagan residents. Community Development Director Reichert noted that all that Is being asked is whether the city wants to consider this type of thing. This is not necessarily deciding on this particular financing. She also noted that the Council may want to use this type of program to keep existing businesses and have them grow here. Councilmember Wachter indicated he would be willing to consider this. Councllmember Masin concurred, stating that she feels the city has little to lose and a lot to gain from this. Masin moved, Awada seconded a motion to direct staff to consider participating In the St. Paul Port Authority business development financing program for businesses located In the City of Eagan. Councilmember Awada stated she has reservations about this, but is willing to consider it. Aye: 4 Nay: 1 (Hunter opposed.) Administrator Hedges asked whether Councilmembers have any comments they would like to share about the A.M.M. policy, and some Issues raised were the makeup of the Met Council, and fiscal disparities. Discussion followed. Mayor Egan noted that the C-SPAN bus will be coming to Eagan on October 23rd, and he is unable to attend. Councilmember Hunter agreed to attend in his place. Administrator Hedges noted that the MVTA Strike Contingency Plan will be going into effect on Monday. Mighty Ducks Legislation. Wachter moved, Awada seconded a motion to ratify a grant request presented to the Minnesota Amateur Sports commission for a funding request In the amount of $210,610 to finance deletions to the Civic Arena. Aye: 5 Nay: 0 Deerwood Reservoir Right of Entry. City Attorney Sheldon explained that they obtained a right of entry for the Deerwood Reservoir and the property owners have agreed to a stipulation of dismissal. They are in the process of trying to negotiate it and If it can't be worked out, they will reinstitute the condemnation action. Hunter moved, Awada seconded a motion to approve a right of entry for the Deerwood Reservoir project. Aye: 5 Nay: 0 Receive petition, order public hearing to vacate a drainage and utility easement for proposed Soderholm Addition. Wachter moved, Egan seconded a motion to receive the petition to vacate a drainage and utility easement as described within the proposed Soderholm Addition and schedule a public hearing for November 6, 1995. Aye: 5 Nay: 0 N Director of Public Works Colbert gave an update on the Red Pine Lane project, noting that the signal at Highway 3 will be operational tomorrow. He also noted that Wescott Road will be dosed on Thursday and Friday, which Is necessary to construct sanitary sewer and water main connections for Gardenwood Ponds. He noted there is no way to keep the road open to thru traffic. It was scheduled to coincide with MEA vacation to minimize the employee count due to vacations. He noted also that either next Wednesday or next Thursday, Deerwood Drive will be dosed between Deerwood School and 1-35E to provide for utility crossings to serve the EAGAN CITY COUNCIL MINUTES; OCTOBER 17, 1995 PAGE 16 Deerwood Townhouse project. He Indicated they sent out notices to Police, Fire, school districts, bus companies, and signs will be posted. Community Development Director Reichert noted that the issue of Christmas tree sales and other sales is coming up again. She suggested that the people who have sold them in the past be able to do it again this year, with the addition of one organization, and staff will take care of it administratively. The Council concurred with that direction. She also noted that the request for a permit for a large garage really cannot be denied unless a moratorium is passed because the request meets the code. She spoke with the applicants and they have indicated they are aware of the home occupation rules and will not be doing trucking out of this garage, but staff Is working on having some type of requirement on accessory structures. Administrator Hedges reminded the Council of an open house at Fire Station #4 on Saturday at 10:00 a.m. where the Fire Department will be dedicating the fire safety education trailer. He noted that Dan Aberg, the Executive Director of the Chamber of Commerce submitted his resignation. He also reviewed the flight schedule for the National League of Cities Conference in November. Councilmember Wachter again raised the issue of the number of signs at the EZ Stop gas station. He asked how many signs are allowed for gas stations and asked that it be checked Into. Councilmember Awada noted he received a complaint from a constituent who stated that the Humane Society gets the names of people who get dog licenses through the city and asked whether this is public information. Mayor Egan reviewed a concern expressed by Scott Meyer regarding his dealings with city staff regarding a weed condition in his year. He told him that his neighbor has a similar situation, but they haven't been contacted by city staff. He feels he is being singled out. He noted that Administrator Hedges is looking Into it. Discussion followed. He also reviewed a fund raising event he is involved in. Councilmember Masin reported on a workshop she attended on land stewardship and the Dakota County League of Governments meeting. PH Wachter moved, Egan seconded a motion to approve the checklist dated October 12, 1995 in the amount of $2,009,143.05. Aye: 5 Nay: 0 The meeting adjourned at 11:27 p.m. to an executive session. DLP ,O~ C~~ October 17, 1995 Date '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). 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.