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11/06/1995 - City Council Regular MINUTES OF A REGULAR MEETING OF THE b EAGAN, CITY COUNCIL Eagan, Minnesota November 6, 1995 A regular meeting of the Eagan City Council was held on Monday, November 6, 1995 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Counciimembers Wachter, Awada, 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. Wachter moved, Hunter seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 Cav.•xw::a..:h...: h.'.HC...,xe1+'' +ava:nsa . ~ .sfroc+.wi+.. ' :eo6:;«.:.?' ' •bv.<•\•:r:<•: Councilmember Awada noted a correction on page 1, that the seconder to the motions approving the minutes was Councilmember Masin. She also requested that language be added on page 8 regarding the solicitation ordinance, to state that because the City cannot discriminate based on the product sold, all groups would need to register, Including community groups, school groups. Girl Scouts, etc. Awada moved, Wachter seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 • at••r.•:::;.,~.:•x.•x :w:..a•. #2`t':. • ,:?:•x ' »:d:::+i. to: #::;.w:::: • • •:;tx..:a••.••:,w: • •a•::•:.:;axx;.>,.• Councilmember Masin noted a correction on page 2, paragraph 2, '...that there are better ways to do this project than with the parking In the front.' Hunter moved, Wachter seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 .::xhi:: ••::s:.aa:.,:a~4::ix•.'C:x ' •x;:G •a:F:k;.:,,:;w::Cacxa;::x:; Wachter moved, Awada seconded a motion to approve the minutes of the special meeting held August 29, 1995 as presented. Aye: 5 Nay: 0 APPROVE PLANS AND SPECIFICATIONS FOR BLACKHAWK PARK SHELTER BUILDING Parks and Recreation Director Vraa gave a staff report, reviewing the design of the building. Councilmember Masin asked about installing cameras in the park for security. Parks and Recreation Director Vraa Indicated they are in the process of doing that, noting that this has been the worst year for vandalism in the parks. Councilmember Wachter expressed a concern about using wood shingles. He feels a metal roof would be better. Parks and Recreation Director Vraa noted that the metal roof was bid as an add alternate depending on how the bids come in. Wachter moved, Awada seconded a motion to approve plans and specifications to authorize staff to advertise for bids for the construction of a shelter building/pavilion for Blackhawk Park. Aye: 5 Nay: 0 Councilmember Wachter asked how many skating rinks will be open this winter, and Parks and Recreation Director Vraa responded that all but one location will be opened this year. He Indicated staff will be taking a closer look at skating use, noting that staffing the rinks is the biggest issue. They will be reducing staff at some of the rinks. Councilmember Hunter asked about the status of sign/signalization in the parks. Parks and Recreation Director Vraa noted that it has gone to the Advisory Parks, Recreation & Natural Resources Commission, and they are still In that process. EAGAN CITY COUNCIL MINUTES; NOVEMBER 6, 1995 PAGE 2 ii In regard to Item A, Personnel Items. Counclmember Wachter requested rate scales for the Park Department positions. In regard to Item C, Change Orders. Police Department/Municipal Center Expansion. Councilmember Hunter asked whether the work for the cable casting will come out of franchise fees. Assistant to the Administrator Hohenstein Indicated it could come out of franchise fees if the Council wishes. Councilmember Hunter stated he feels that would be appropriate. in regard to Item E. Authorization. MVTA Membership in Suburban Transit Association. Counclimember Hunter noted the cost Is 20 cents per capita for Eagan. Shannon Tyree, Planner, noted that some of the larger cities were capped at $9,500 for at least the first year. Councilmember Hunter expressed support for this on the short term. Mayor Egan noted that it seems to be top heavy on lobbying with respect to transit Some discussion followed concerning the cost. 95.76 In regard to Item G, Contract 95-07. AQRrove Chance Order #1. Nicols Road Street and Storm Sewer. Councilmember Wachter questioned the condition of the existing street and the reason for requesting It. Director of Public Works Colbert responded to questions. in regard to Item I, Contract 95-14. Clemson Drive Streets and Utilities. Mayor Egan noted the Council has to make a decision as to whether to approve the lowest bid due to the fact that the bid wasn't signed. City Attorney Sheldon noted that the bid wasn't signed, but the bid bond was. It Is his opinion that the Council has the discretion to make their own determination as to whether to waive the informality and accept the lowest bid or whether to take the second lowest bidder. Mayor Egan requested that this be voted on separately, noting that his law firm was approached concerning this issue, so he will abstain on this vote. Considerable discussion followed concerning bidding law. Councilmember Wachter noted that the difference in bids Is only $6,000. If the second lowest bidder decides to sue, the City could easily spend that amount. Tom Shield, of Shield Construction, stated that they are not in a position to take the City to court. He noted that bidding procedures are extremely strict. His experience has been that if the bid isn't signed, it is considered non-responsive. He added that the city could be setting a very dangerous precedent. Councilmember Hunter stated he feels the right thing to do is go with the lowest responsive responsible bidder. Hunter moved, Wachter seconded a motion to award the bid to the lowest responsive bidder, Shield Construction. Aye: 3 Nay: 1 (Awada opposed; Egan abstained.) In regard to Item M, Contract 95-20. North Water Treatment Plant Re ipa ntina. Councilmember Wachter asked whether this is over budget. Director of Public Works Colbert responded that it Is not. In regard to Item Z, AQRrove Agreement for Engineering Services. Montgomery Watson. Inc. Councilmember Wachter asked what the cost will be. Director of Public Works Colbert indicated they will be paid on an hourly basis and is a general ongoing retainer contract for services. In regard to Item BB, Massage Therapist Ucenses. Councilmember Wachter noted the Council has approved a lot of these licenses for Care Chiropractic. In regard to Item FF, Receive Public Works Committee Recommendation. Councilmember Wachter requested that a copy of the minutes of the Public Works Committee meeting be sent to Don Chapdelaine. In regard to Item GG, Final Subdivision. Soderholm Addition. Councilmember Masin requested that this be pulled for separate discussion. A. Personnel Items qnwxr7a EAGAN CITY COUNCIL MINUTES; NOVEMBER 6, 1995 PAGE 3 Item 1. It was recommended to approve the hiring of Paul Watry as a regular Parks Maintenance Worker. Item 2. It was recommended to approve the hiring of Patricia Porosky as a regular part-time Clerical Technician III for Central Services Maintenance. Item 3. It was recommended to approve the promotion of Curtis Socha and Anthony Sundgaard to the position of Patrol Officer. Item 4. it was recommended to approve the hiring of a person to be named as an Associate Planner in the Community Development Department. Item S. It was recommended to approve the hiring of Patricia Brown, Michelle Uckness and Janet Palo as seasonal Skating Instructors for the Civic Arena. Item 6. It was recommended to approve the hiring of Quentin Mitchell as a seasonal Concession Stand Worker In the Civic Arena. Item 7. It was recommended to approve the City of Eagan policy implementing the Federal Omnibus Transportation Employee Testing Act and related regulations. B. Plumbers Ucenses. it was recommended to approve the plumbers licenses for Dick Anderson Plumbing Co., Gertman Mechanical Ltd., H & H Plumbing, Janecky Plumbing, Krumholz Co. Inc., Polar Plumbing, and Roseville Plumbing & Heating, Inc. as presented. C. Change Orders. Police Department/Municipal Center Expansion, it was recommended to approve change orders for the Police Department and Municipal Center expansion as presented. D. Recommendation. Airport Relations Commission, Expansion of MAC Voluntary Nighttime Traffic Restrictions. It was recommended to approve expansion of MAC voluntary nighttime air traffic restrictions as presented. E. Authorization. MVTA Membership in Suburban Transit Association. It was recommended to authorize the MVTA Board of Directors to acquire transit authority membership in the Suburban Transit Association. 95.76 F. Special Hunting Permits/Brian David Lanner. Craeq A. Nolan. It was recommended to approve the special hunting permits as presented. G. Contract 95-07. Nicols Road. It was recommended to approve Change Order #1 to Contract 95-07 and authorize the Mayor and City Clerk to execute all related documents. H. Contract 95-15. Well #19. It was recommended to receive the engineering report and approve the detailed plans for the development of Well #19 under Contract 95-15 and authorize an advertisement for a bid opening to be held on December 1, 1995, at 10:30 a.m. 1. Contract 95-16. Well #18. It was recommended to receive the engineering report and approve the detailed plans for the development of Well #18 under Contract 95-16 and authorize an advertisement for a bid opening to be held on December 15, 1995, at 10:00 am. J. Project 636R. Poooier Homestead No. 2. it was recommended to receive a petition and authorize a revision to the feasibility report for Project 636R. K Vacate Farm Road, it was recommended to receive a request and schedule a public hearing to consider the vacation of Farm Road from Dodd Road to T.H. 3. 00209 EAGAN CITY COUNCIL MINUTES; NOVEMBER 6, 1995 PAGE 4 L Contract 95-14. Clemson Drive, it was recommended to receive the bids for Contract 95-14, award the contract to Shield Construction, and authorize the Mayor and City perk to execute all related documents. M. Contract 95-20. North Water Treatment Plant Reg is ntina. it was recommended to receive the bids for Contract 95-20, award the contract to the lowest responsible bidder, and authorize the Mayor and City Clerk to execute all related documents. N. Snow Removal Contract. It was recommended to approve a snow removal contract with Gallagher's for snow removal services for the 1995-96 season and authorize the Mayor and City Clerk to execute all related documents. 0. Award Contract. Facilities Systems Inc.. Landscape Partitions. It was recommended to waive the quotation policy requirement for landscape screens and to award separate contracts to Facilities Systems In the amount of $12,859.50 and $24,816.15 for landscape screens and systems furniture. P. Easter Lutheran Church: Comprehensive Plan Amendment. It was recommended to approve a resolution amending the Eagan Comprehensive Guide Plan from D-I Single Family Residential to PF, Public Facility to allow the development of a 79,000 square foot church facility on the northwest comer of Pilot Knob and Cliff Roads for Easter Lutheran Church. 95.77 0. Final Subdivision. Kenneca Development. There was no action taken on this Item. R. Final Subdivision. Preliminary and Final Planned Development. Eagan Heights Townhomes Addition. It was recommended to approve a final subdivision for Eagan Heights Townhomes Addition, subject to conditions; approve a preliminary planned development for 200 townhome units on 29 lots, an 18,000 square foot neighborhood retail site, a 5,000 square foot bank, and a 5,000 square foot day care subject to conditions; and approve a final planned development for 90 townhome units, subject to conditions. 95.78 S. Aoorove 1995 General Fund Budget Adjustments. It was recommended to approve the budget adjustments as presented. T. Apgrove Contract for Fire Pumggr. It was recommended to accept bids and award the contract for replacement of fire pumper unit 5 to General Safety Equipment Corporation in the amount of $199,380. U. Joint Cable Commission Recommendation. Pass Throuah of PEG Access Fee. It was recommended to approve the Cable Commission recommendation regarding the pass through of the public-educational- government PEG access fee. V. Approve Contract for Well Drilling. Blackhawk Park. it was recommended to approve a contract for Installation of a well at Blackhawk Park to Kimmes-Bauer Well Drilling Inc. In the amount of $5,451. W. Approve Contract for Installation of Septic System In Blackhawk Park. It was recommended to approve the installation of a septic system at Blackhawk Park to Sauber Plumbing & Heating Co. In the amount of $8,900. X. Approve Framing of Equipment Maintenance Building. Lexin on-DiffleyAthletic Fields. It was recommended to award the contract for base framing of a park maintenance facility at Lexington Diffley to Sussell Inc. In the amount of $23,500. Y. Approve Plans and Specifications. Authorize Advertisement for Bids for Schwanz Lake Water Quality Improvements. It was recommended to approve the plans and specifications prepared for the capital EAGAN CITY COUNCIL MINUTES; NOVEMBER 6, 1995 PAGE 5 Improvements phase of the Schwarz Lake Water Quality Improvement Project and to authorize advertisement for bids for the project. Z r e Agreement for Engineering Service. Montgomery Watson. Inc. It was recommended to approve the agreement between the City of Eagan and the consulting firm of Montgomery Watson, Inc. AA. AoDroye Dakota County SWCD Urban Cost Share Grant Contract. It was recommended to approve a contract between the City of Eagan and the Dakota County SWCD for expenditure of grant funds. BB. Massage Therapist Licenses. Jenny Gamer and Sandra Beyer. It was recommended to approve massage therapist licenses for Jenny Lea Gamer for The Tropics and Sandra Beyer for Care Chiropractic Health and Resource Center. CC. Accept Resignations. Cable Communications Commission and Airport Relations Commission. It was recommended to accept the resignations of Dave and Lois Monson from the Cable Communications Commission and the Airport Relations Commission, respectively. DD. Contract 93-GG. Autumn Ridge 4th Addition. It was recommended to acknowledge the completion of Contract 93-GG and accept the improvements for perpetual City maintenance subject to appropriate warranty provisions. EE. Disposal of Excess Police Department Property. It was recommended to declare as surplus property 10 police squad car visabars and direct their disposal as appropriate. FF. Public Works Committee. It was recommended to receive the minutes of the Public Works Committee meetings of September 20 and October 17 and affirm its recommendation. Hunter moved, Masin seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 GG. Final Subdivision/Final Planned Development. Soderhoim Addition. Counciimember Masin noted she felt this would come back for discussion because the Council wasn't pleased with the design of the preliminary plat. Community Development Director Reichert noted that there was some discussion at that meeting about the site plan. They did meet with the developer and traffic engineers, and some minor changes were made. Staff feels the internal circulation works and Dakota County approved a 60 foot half right-of-way on Lexington Avenue. They will also have a 10 foot easement for sidewalk purposes. She noted that the preliminary subdivision was approved subject to staff review; however, there isn't a lot that can be changed with the lots the way they are. After some discussion, Counciimember Awada requested to see the minutes from the meeting where the preliminary subdivision was approved. The agenda was suspended to the public hearings so the minutes could be retrieved. CERTIFICATION OF DELINQUENT UTILITY BILLS Mayor Egan opened the public hearing to anyone wishing to speak. There being no one wishing to speak, Awada moved, Hunter seconded a motion to dose the public hearing and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT WEED CUTTING AND FALSE ALARM BILLS Mayor Egan opened the public hearing to anyone wishing to speak. There being no one wishing to speak, Hunter moved, Wachter seconded a motion to dose the public hearing and approve the final EAGAN CITY COUNCIL MINUTES; NOVEMBER 6, 1995 PAGE 6 assessment roll for delinquent weed cutting and false alarm bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 VACATE UTILITY EASEMENT, SODERHOLM ADDITION Mayor Egan noted that this discussion will be in conjunction with the final subdivision and final planned development for Soderholm Addition. He then opened the public hearing to anyone wishing to speak. Awada moved, Masin seconded a motion to suspend consideration of this to after Old Business Items. Aye: 5 Nay: 0 ORDINANCE AMENDMENT, PUBLIC FACILITIES DISTRICT Community Development Director Reichert gave a staff report. Counclimember Hunter expressed a concern about some of the wording In the ordinance and felt clarifying language Is needed. After some discussion, Hunter moved, Masin seconded a motion to continue this to the next meeting for clarification of the language. Aye: 5 Nay: 0 AUTHORIZE PARTICIPATION, RUNWAY 4/22 MEDIATION SURVEY Administrator Hedges gave a staff report. Discussion followed concerning the cost for this and the fact that the city must be a participant in the survey in order to participate in the mediation. Assistant to City Administrator Hohenstein gave further Information on the survey, and more discussion followed concerning the costs. Counclimember Awada suggested doing a base survey and then take the results and ask further questions in depth based on the answers. Assistant to the Administrator Hohenstein noted that that could be done if it were the City's survey. Eagan is one of several entities Involved in this survey, so the decision before the Council is whether or not to participate in their survey. Counclimember Wachter stated he doesn't agree with the amount of money that has been spent on this; however, he feels the City needs to participate in this for the benefit of those in Eagan who are impacted by this. Masin moved, Wachter seconded a motion to authorize City participation in the Runway 4/22 mediation survey and allocate funds from the budget contingency in an amount not to exceed $17,500. Aye: 3 Nay: 2 (Awada, Hunter opposed.) FINAL SUBDIVISION, FINAL PLANNED DEVELOPMENT, SODERHOLM ADDITION Counclimember Hunter made a reference to the minutes of the September 5 meeting, where it states that the internal circulation pattern needs to be modified to meet staff approval before final approval is given. Community Development Director Reichert responded that the developer feels the internal circulation works, and staff could not come up with any suggestions to further rationalize changes due to the limited access to two county roads. Councilmember Awada asked whether the layout of the lots can be changed to Improve circulation. Counclimember Masin added that if there are circulation problems, the Council gets blamed. Counclimember Wachter indicated he still has a problem with not getting approval from the county for a right In/right out onto Diffley Road. He wondered whether the City could go back to the county and make another request. Director of Public Works Colbert noted the county has been approached twice on it and they won't consider It. Considerable discussion followed concerning the number of uses on the property, and the Council's intention as to what Council direction was given to staff. Counciimember Hunter Indicated he is not convinced that this configuration doesn't work, but he needs to be convinced that it does. Giving approval to a preliminary subdivision means there is agreement with the basic concept and that some fine tuning needs to be done. He doesn't feel the fine tuning has been done on 0 EAGAN CI1Y COUNCIL MINUTES; NOVEMBER 6, 1995 PAGE 7 this subdivision. Councimember Awada added that the Council approved the preliminary subdivision with access to Diffley Road, and the access was denied by the county. Ray Connelly, of Connelly Development, noted that their engineers worked off of the traffic study the city did in the late 1980's and early 1990's for this property. He noted that the ponds need to be In certain areas because of where the lines are located. He doesn't feel any further modification can be done. Any rearranging of the lot lines would constitute a change to the plat which was already approved by the county. Considerable discussion followed concerning access and internal circulation. Mayor Egan noted that the Council hasn't seen the report referred to, and the Council isn't comfortable with the Information given to make a decision on this. Jim Johnson, of Bolton & Menk, traffic engineer for the project, reviewed the ingress/egress and Internal traffic circulation of the project Considerable more discussion followed. Councilmember Wachter stated that the Council has to decide whether this plan is acceptable. The Council cannot change the plan without sending it back to the county. Lauren Florine, 4085 Lexington Avenue, indicated it appears there are too many uses for this property, not enough parking and inadequate access. Councilmember Hunter stated that in light of the previous discussion and explanation by Mr. Johnson, he thinks the traffic flow will work. He doesn't feel it Is perfect, but it will be adequate. He noted that the perhaps the Council needs to be dearer In giving staff direction. Counciimember Wachter concurred, stating he feels the Council should take a vote when staff direction is given. Hunter moved, Wachter seconded a motion to approve the final subdivision for Soderholm Addition. Aye: 3 Nay: 2 (Awada, Masin opposed.) Hunter moved, Wachter seconded a motion to approve the final planned development for Soderholm Addition, subject to conditions. Aye: 4 Nay: 1 (Masin opposed.) 95.80 VACATION OF UTILITY EASEMENT, SODERHOLM ADDITION Mayor Egan asked whether anyone wanted to speak to this issue. There being no one wishing to speak, Hunter moved, Awada seconded a motion to dose the public hearing and approve the vacation of sanitary sewer easements as described, authorize the Mayor and City Clerk to execute all related documents, subject to final subdivision approval by Council action and simultaneous recording with the final plat at Dakota County. Aye: 5 Nay: 0 0, WK CONDITIONAL USE PERMIT, S.J. KNIGHT Community Development Director Reichert gave a staff report and Scott Knight, of S.J. Knight, reviewed their proposal. Some discussion followed concerning the type of trees being planted. Jerry Johnson, 2910 Burnside Avenue, indicated he would like to see the lot cleaned up. He is concerned about any expansion and would like to have some screening next to his property. Wachter moved, Awada seconded a motion to approve a conditional use permit to allow a loading area within 300' of a residential district for a new 20,000 square foot building on Lot 6, Block 4, Eagandale Center Industrial Park, zoned Research and Development, located at 1335 Eagan Court, subject to the following conditions: 1. If outdoor storage of the trash container Is proposed, details and elevations of the enclosure are required. They shall demonstrate that it Is compatible and made of the same exterior material as the principal building. 2. This permit shall be recorded at Dakota County within 60 days of Council approval. w i••t r ®~e~ ~r111 EAGAN CITY COUNCIL MINUTES; NOVEMBER 6, 1995 PAGE 8 3. The driveway entrance shall be constructed with a concrete apron in accordance with City standards. 4. The developer shall enter into an agreement with the City regarding Implementation of proof of parking. 5. The landscaping, including berm as approved by the City, shall be Installed as per Landscape Plan dated September 20, 1995 and revised October 6, 1995. 6. The area on the site plan shown as future expansion shall be reduced so that the building coverage of the proposed building and future expansion does not exceed 20% of the lot area. 7. Catch basins shall be added at the entrance to handle runoff from the site before it flows onto Eagandale Court. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT TO ALLOW A TRUCK TERMINAL AND SECONDARY SALES AND SERVICE; CONDITIONAL USE PERMIT TO ALLOW FUEL STORAGE ON-SITE - HOOVESTOL, INC. Community Development Director Reichert gave a staff report. Colin Evenson, with Evenson Huus Architects, reviewed the proposed screening. He indicated he feels they can accomplish additional screening requested by staff without additional encroachment on the Hoovestol operations. Councilmember Wachter Indicated a concern about the species of trees being used, but wants to have sufficient screening for the neighbors. Elizabeth Larson, President of the Wescott Square Townhouse Association, presented a petition of 77 names of people who are opposed to this conditional use permit due to decreased air quality, Increased truck traffic, decreased property values, loss of significant tree cover and ineffective buffer between commercial and residential properties. They are requesting at a minimum assurance of a densely landscaped buffer zone on the north and/or south side of Yankee Doodle Road, as well as the east side of Mike Collins Road to visually separate the commercial and residential zones. They don't feel the Planning Commission recommendation provides adequate assurance, and requested a meeting wiith the developer and landscape architect to approve the final buffer and landscape plans. They are also concerned about a 24 hour operation at this location. Wayne Hoovestol, reviewed the access issue, and verified that it would be a 24 hour a day, 7 day a week operation. John Houston, representing Wescott Townhomes Limited Partnership, presented a letter expressing their concern about a landscape buffer on the west and south side of the Hoovestol property. Jan Mitchell, 847 Wescott Square, expressed a concern about tree cover that will be lost, having a 24 hour operation, and decreased property values as a result of this development. Community Development Director Reichert reviewed the tree preservation plan and noted there Is no lighting plan. Counclimember Hunter stated he doesn't favor this conditional use permit due to the nature of their business, specifically a 24 hour operation. A parking lot with 97 trucks Is too Intense and is not a harmonious use. Yankee Doodle Road is a barrier, but not an adequate barrier. It doesn't provide a noise barrier or a light barrier. Mayor Egan concurred, adding that he is also concerned about having a buffer between Industrial and residential property, and the underground fuel storage. Councilmembers Wachter and Awada concurred, noting it is too heavy a use to be across from a residential area. Oaf EAGAN CRY COUNCIL MINUTES; NOVEMBER 6, 1995 PAGE 9 Awada moved, Wachter seconded a motion to deny the conditional use permit requests for a truck terminal and secondary sales and service of trucks and trailers; and for an underground fuel storage tank on Lots 17-24, Block 2, Eagandale Center Industrial Park No. 4; and that staff be directed to prepare findings. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT, MINNESOTA COACHES Community Development Director Reichert gave a staff report, noting that if this Is to continue as a conditional use permit, additional conditions may be added. Pat Regan, owner and operator of Minnesota Coaches, reviewed their operations and urged Council approval. He noted that if this conditional use permit is not approved, they must move off the site. They would like to continue to grow and eventually build a new facility In Eagan. Mayor Egan asked what would be included in the conceptual site development plan that is being suggested by staff. Community Development Director Reichert indicated it would Include such things as how individual lots would be set up for each building, where the parking and outside storage would be for each use, how access would be provided to any new lots for future development, Incremental paving, storm drainage, landscaping, etc. She feels it would be done Incrementally. Awada moved, Masin seconded a motion to approve the conditional use permit to allow Minnesota Coaches outdoor storage of up to 22 buses and bus repair service within the ProStop building located at 2815 Highway 55, subject to the following conditions: 1. This permit shall be recorded at Dakota County within 60 days of Council approval. 2. Within a year of Council approval, Alias of Minnesota, Inc. shall submit a conceptual site development plan for the entire 15 acre site that shall be reviewed by the Advisory Planning Commission and acted on by the City Council. 3. The development plan shall conceptually define development and/or expansion areas, proposed site improvements, and an Improvement schedule. 4. Within a year of Council approval of the concept plan, the property owner shall establish turf grass on gravel surfaced areas that are not being used for parking, storage or staging purposes. Aye: 5 Nay: 0 FINAL PLANNED DEVELOPMENT, XPRESS LUBE Community Development Director Reichert gave a staff report. Wachter moved, Hunter seconded a motion to approve a final planned development to allow a quick oil change facility on Lot 6, Block 1, Thomas Lake Center, in the Blackhawk Park Planned Development, subject to the following conditions: 1. The final planned development includes a 3-bay, 2,100 square foot quick oil change facility, 14 parking spaces, landscaping, signage, lighting and building materials as shown on plans submitted. 2. Execution of a final planned development agreement. Final site plan, building elevations and sign plan, landscape plan (signed by Minn. registered land architect or certified nurseryperson), and lighting plan are necessary for this agreement. 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. EAGAN CITY COUNCIL MINUTES; NOVEMBER 6, 1995 PAGE 10 3. The developer shall be required to cap and abandon the existing water service to the site and construct a water service to the site in accordance with City standards. 4. Developer shall provide cash dedication for trails. 5. The developer shall provide the City evidence of recorded ingress/egress easements to this property. Aye: 5 Nay: 0 RESOLUTION TO PARTICIPATE IN LIVABLE COMMUNITIES ACT Community Development Director Reichert gave a staff report and reviewed the Advisory Planning Commission recommendation. Discussion followed concerning the amount received under Community Development Block Grants and the ALOHA (Affordable and Life Cycle Housing Opportunities Amount). Community Development Director Reichert noted that the goal is to have Igo cycle' housing which means they would like each community to have a variety of housing types. Administrator Hedges reviewed a meeting he had with the Met Council regarding the Issue of clustering with other Dakota County cities and the Dakota County HRA. The Met Council indicated that they agree in concept with clustering, and that the county could act as the delivery body for the affordable housing objectives. Mayor Egan noted that the Municipal Legislative Commission and Association of Metro Managers strongly endorse this concept. Councilmember Awada asked for an explanation of benchmarks relative to affordability. Community Development Director Reichert noted that the benchmarks are something they want cities to work toward, not necessarily meet. She feels the city will be able to maintain the level of affordability in both rental and home ownership. Because the homes in Eagan valued at $115,000 and below will probably appreciate faster than the cost of living, the city can work with CDBG grants for first-time home buyers to keep them affordable. The City will be working with existing stock, because there really isn't land available for that type of project, and there Isn't money available to subsidize new construction. There really Isn't land to build new apartments either, so the goals will be geared towards holding the line on what is already here. Considerable discussion followed concerning whether or not to participate In this program. Masan moved, Hunter seconded a motion to approve the resolution electing to participate In the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act. Councilmember Awada indicated she is not comfortable joining this program until it is fully understood what will be expected. Councilmember Hunter stated he doesn't feel that this obligates the city to create more affordable housing. Those goals are to be determined. This is simply entering into a program that the city has already been doing for years. Aye: 4 Nay: 1 (Awada opposed.) 95.80 REGISTER RESALE, CONSIDER FINANCIAL ASSISTANCE Community Development Director Reichert gave a staff report. She noted that this has been reviewed by the City Attorney, and it has been suggested to make sure that the building is collateral for this loan and not for the operating loans of the business. She Indicated that If the business fails, the bank would be paid first, the St. Paul Port Authority would be paid second, and the loan would basically be paid off with the sale of the property. She added that Register Resale would like to stay in Eagan; however, it this financing doesn't work out, they may have to look at another site. Dave Hoeffel, of Register Resale, urged Council approval. He noted that he and his other partners are personally signing for the entire project. Discussion followed concerning the risks involved, and whether the city should get Involved In this financing. Councilmember Awada asked whether there is any documentation of the personal guarantees made by the partners. City Attorney Sheldon noted they haven't seen any of the loan documents, and he understands they won't be drafted unless or until the city approves the project. He EAGAN CITY COUNCIL MINUTES; NOVEMBER 6, 1995 Ot~' PAGE 11 suggests that any approval be subject to review by the City Administrator and City Attorney. Considerable discussion followed whether philosophically, the city should get involved in this type of program. Mayor Egan stated he feels this Is a great opportunity to help an existing business. Councilmember Awada stated she doesn't feel the city should be picking and choosing which businesses to help, and using tax dollars to do that. Councilmember Masin asked whether approving this would set a precedent City Attorney Sheldon Indicated that these are very fact-specific operations, and he doesn't feel it would set a precedent. Counclimember Hunter reiterated his philosophy that financial tools are fine for declining communities, but Eagan has always fostered a healthy business climate. Councilmember Awada added that she feels Eagan should treat everyone the same. Considerable more discussion followed. Hunter moved, Awada seconded a motion to deny a resolution authorizing the execution and delivery of a joint powers agreement with the Port Authority of the City of St. Paul relating to the financing for Register Resale and authorizing the execution of a Guarantee Agreement with respect to such financing. Aye: 3 Nay: 2 (Egan, Masin opposed.) Greg Drehmel, of St. Paul Port Authority, noted they have discussed changing some of the wording in their guarantee that would clarity their position on the guarantee. It requires that before the Port Authority draws down on any guarantee offered by the City of Eagan, they must first exhaust any and all collateral under the loan documents, which Includes the personal guarantees from the partners. Some discussion followed. TRAPP POINT, PRIVATE ROAD VS. PUBUC RIGHT-OF-WAY Director of Public Works Colbert gave a staff report, giving the background on this request. Dale Huber, of JBL Companies, questioned the cross easements referred to by City Engineer. Councilmember Hunter addressed several questions concerning the structure of the existing roadway. Director of Public Works Colbert Indicated staff could take some core samples and evaluate the structure, and review the design dimensions. Some discussion followed concerning the width of the roadway, the size of the cul-de-sac, and whether the street would be adequate for emergency vehicles and snow plows. Awada moved, Hunter seconded a motion to refer this matter to the Public Works Committee for a recommendation and action by the Council on November 21 under the consent agenda, with the understanding that the applicant will provide the specifications or two core samples. Aye: 5 Nay: 0 taL'R Mayor Egan noted he received a letter regarding locating a new library in Inver Grove Heights. He feels this would be a good opportunity to show Inver Grove Heights that the City of Eagan Is trying to cooperate with them whenever possible. He asked Administrator Hedges to draft a letter of support for this library to be located In Inver Grove Heights, and asked for the Council's permission to send it on the city's behalf. He added that he hopes that will ease some of the tension that exists regarding the storage facility Issue. Councilmember Wachter questioned who would provide sewer and water to a library. He noted that the library wouldn't benefit Eagan residents. Counclimember Masin indicated that the Library Board must have a plan In mind as to where they would like to locate the library, and she doesn't feel comfortable going ahead with this without seeing justification as to why the city would want to alter the Library Board's recommendation. Considerable discussion followed regarding what criteria is used by the Ubrary Board for the location of a library. No consensus was reached, but it was suggested that the Mayor could write a letter on his behalf If he wishes. Administrator Hedges Indicated he can research whether Inver Grove Heights meets the criteria for location of a library, and if it does, the letter could be sent, and If not, the letter would not be sent. The Council concurred. ENFORCEMENT OF ON-STREET PARKING RESTRICTIONS Director of Public Works Colbert gave a staff report noting that requests have been received to 'bag' No Parking signs on public streets for special events. Councilmember Hunter suggested that signs could be EAGAN CITY COUNCIL MINUTES; NOVEMBER 6, 1995 Orj PAGE 12 'bagged' for each school or business, up to four per year. Councilmember Awada suggested the city try to accommodate occasional requests, but they should pay for the person who has to go out to bag the signs. Councilmember Masin suggested that six events per year would be more appropriate. Councilmember Awada suggested that staff be given the authority to set the policy and number and work something out with the school district. After some discussion, Hunter moved, Wachter seconded a motion to set the fee at $50 per event, with the policy and number of events to be established by staff. Aye: 5 Nay: 0 PRIVATE IMPROVEMENTS IN PUBLIC RIGHT-OF-WAY POLICY Director of Public Works Colbert gave a staff report, noting they have received several requests for reimbursements for costs incurred by property owners to repair and/or restore their sprinkler systems that were disturbed during street reconstruction. Councilmember Hunter noted that the sprinkler system is In the public right-of-way and if it is damaged, it is the property owner's responsibility. He feels that approving reimbursement would set a precedent. Council member Wachter concurred. Wachter moved, Hunter seconded a motion to deny claims for reimbursement of damaged private Improvements in public right-of-ways. Aye: 5 Nay: 0 Director of Public Works Colbert gave an update on a neighborhood meeting with residents of St. Francis Woods, who are having structural frost heaving problems with deck footings and patios. The City offered that If the builder would provide the equipment and labor, the city would offer the materials to lower the pond elevation in hopes it would lower the water table. The builder is now proposing to install Intercepting drain tile, so he doesn't feel the City has an obligation to participate any longer since it doesn't affect a city ponding basin, and there Is no public easement that is being drained. The builder is requesting that the city still participate with the materials, at a cost of approximately $5,000. Counciimember Wachter stated he feels it Is a private problem. Mayor Egan and councilmembers concurred. Community Development Director Reichert noted that her department Is trying to be user-friendly, but as a result of action this evening regarding Soderhoim Addition, she will no longer place items on the agenda If they are not completely ready. Staff gets pressured to place items on the Council agenda; however, she feels the Council dearly wants to have these projects closely scrutinized before they come to the Council. Awada moved, Wachter seconded a motion to set special workshops for November 14, 21 and 28 at 5:00 p.m. Aye: 5 Nay: 0 Counclimember Wachter suggested the painters for the Municipal Center/Police Department leave a supply of wood finish or the formula for matching woodwork in the future. He also reported on a Historical Society meeting he attended. He suggested that the concrete on the well In Thomas Lake Park be tested to make sure it is safe. Councilmember Masin requested an update on Red Pine Lane. Administrator Hedges noted that traffic counters are out and they have requested that the school board waive their busing restrictions. Information has been given to the neighborhood representatives regarding placement of stop signs and sidewalks. At the neighborhood meeting, they suggested that the neighbors meet to decide what it is that they want. Councilmember Wachter asked for an update on the grand opening for the Municipal Center. Administrator Hedges reviewed what has been planned to date. Councilmember Hunter suggested that the tree preservation guidelines be added to the Open Issues Ust. He expressed a concern that some of these items have been on the list for a long time, and suggested that the gambling license criteria be placed on an upcoming workshop, as well as a policy on parking stall width. He also suggested that when items are placed on the Open Issues list, that the date it Is added be listed as well so items can be better tracked. _1~ o EAGAN CITY COUNCIL MINUTES; NOVEMBER 6, 1995 PAGE 13 Councilmember Wachter reiterated the importance of the Council taking a vote whenever staff direction is given so the direction is concise. Mayor Egan concurred. Counclimember Wachter indicated by example that he is concerned about the Caponi Art Park, because a vote of the Council was never taken to give direction to the committee. Councilmember Awada suggested an update on that issue be placed in the next packet. Councilmember Hunter asked about the status of the sign/signalization at park intersections. Director of Public Works Colbert indicated that he is working on that project; however, If he sets that as his priority, he needs to know what he should set aside in order to do that. He felt it could waft until later since parks are not in great use this time of the year. Councilmember Hunter suggested a time frame be identified for items on the Open Issues list whenever possible. Councilmember Wachter reviewed an ordinance being proposed by the City of Burnsville regarding the leashing of cats. He would like to see a copy of the ordinance If it passes. HEK'El'C Wachter moved, Egan seconded a motion to approve the checklist dated November 2, 1995 In the amount of $3,443,556.90. Aye: 5 Nay: 0 The meeting adjourned at 11:42 p.m. DLP November 6, 1995 AA LJ Date City lerk 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.