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10/18/1994 - City Council Regular 0 0334 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota October 18, 1994 A regular meeting of the Eagan City Council was held on Tuesday, October 18, 1994 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers 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. I ENDA Hunter moved, Wachter seconded a motion to adopt the agenda. Aye: 5 Nay: 0 ~1±15#JiTBR> »994: RE0 I>1AE'tT Mayor Egan requested that a correction be made on page 9, paragraph 4, by replacing the words, They are experts in this area." to The DNR is the expert in this area, not the City of Eagan." Wachter moved, Awada seconded a motion to approve the minutes as corrected. Aye: 5 Nay: 0 MINUTES F SEPTEMSEI 27, X984 S!'tCfA l=£'INO Councilmember Awada requested that language be added to the end of the minutes to reflect the discussion relative to different ways of dealing with local access, such as working with other communities. Awada moved, Wachter seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 I3 t RS' O f= HEAR There was no one wishing to speak under this section. EPAff1'MEN'C :.HEAT):; 8 uS I NESS Councilmember Hunter raised a concern about the discussion by Solid Waste Abatement Commission regarding organized hauling. The issue raised by the Council was that there are too many haulers. From reading the minutes of the meeting, it seems the commission missed the point on this issue. His idea of organized haulers is to simply have two or three haulers licensed for operation in the city. There would still be competition under that scenario. It wasn't the intent to have the city get involved in hauling. Wachter concurred, noting that there are so many heavy trucks going down the same streets, which causes wear and tear on the streets. Administrator Hedges noted that information was conveyed to the Recycling Coordinator. A lot of what appeared in the minutes was concerns expressed by the haulers. Assistant to the Administrator Hohenstein added that he has asked the Recycling Coordinator to put together a briefing memo to the Council because it Is such a complex issue. He feels the Council concerns are well understood by the commission. Councilmember Awada asked whether the City Engineer saw the speed survey on Wescott Road near West Publishing, and asked whether the speed limit should be reduced there. Public Works Director Colbert noted he saw the report; however, speed limits are set by the state. # NSENT AGiErNDA In regard to Item L, Final Subdivision, Amundson Addition, Councilmember Wachter noted that lot splits should not take this long to process in the future. EAGAN CITY COUNCIL MINUTES; OCTOBER 18, 1994 PAGE 2 In regard to Item P, Add Alternate #1, Police Department/Municipal Center Project. Councilmember Wachter asked whether the screen wall will be anchored to the building. Assistant to the Administrator Hohenstein noted the screen wall will be free standing. A. Personnel Items Item 1. It was recommended to approve the hiring of Jeffrey Perry as a Parks Maintenance/Forestry Worker, subject to successful completion of the physical examination requirement. Item 2. It was recommended to approve the hiring of Lisa Freese as Planner. Item 3. It was recommended to approve the hiring of Brian Nelson as a seasonal Street Maintenance Worker. B. Plumbers Licenses. It was recommended to approve the plumbers license for Whelen Company, Inc. as presented. C. Recommendation, Airport Relations Committee, Support for Part 150 Funding Allocations. It was recommended to authorize staff to prepare correspondence to the City's congressional delegation, regional officials and the MAC Board in support of funding for the Part 150 Sound Insulation program, consistent with MAC's capital improvement program. D. Recommendation. Airport Relations Committee, Comments Regarding MSP Airport Long-Term Comprehensive Plan. It was recommended to adopt comments regarding the MSP airport long-term comprehensive plan alternative environmental document as presented for submission. E. Special Use Permit. James Bartizal, to Sell Christmas Trees. It was recommended to approve a special use permit for James Bartizal to allow temporary Christmas tree sales on an undeveloped lot in the Thomas Lake Center shopping mall subject to the following conditions: 1. The permit is temporary and shall expire January 1, 1995. 2. All signage will require a sign permit and be subject to the one-time sign fee of $2.50/sq. ft. 3. The permit shall be subject to all applicable Code requirements. F. Special Use Permit, Boy Scout Troop 510. to Sell Christmas Trees. It was recommended to approve a special use permit to allow the temporary sale of Christmas trees, wreaths, garland, tree bags and tree stands by Boy Scout Troop 510 in the Walmart parking lot in Town Centre subject to the following conditions: 1. The permit is temporary and shall expire January 1, 1995. 2. All signage will require a sign permit and be subject to the one-time sign fee of $2.50/sq. ft. 3. The permit shall be subject to all applicable Code requirements. G. Special Use Permit. Boy Scout Troop 345, to Sell Christmas Trees. It was recommended to approve a special use permit to allow Boy Scout Troop 345 to sell Christmas trees, wreaths, garland, tree bags and tree stands on vacant property in the Park Center Addition, subject to the following conditions: 1. The permit is temporary and shall expire January 1, 1995. EAGAN CITY COUNCIL MINUTES; OCTOBER 18, 1994 PAGE 3 2. All signage will require a sign permit and be subject to the one-time sign fee of $2.50/sq. ft. 3. The permit shall be subject to all applicable Code requirements. H. Final Subdivision, Pines Edge Addition (Southeast Eagan). It was recommended to approve the final subdivision. R-94.76 1. Final Subdivision. Elementary School #18. It was recommended to approve the final subdivision. R-94.77 J. Final Subdivision. Bachel's Backyard. It was recommended to approve the final subdivision. R-94.78 K Final Subdivision. Praise Lutheran Church. It was recommended to approve the final subdivision. R-94.79 L Final Subdivision, Amundson Addition. It was recommended to approve the final subdivision. R-94.80 M. Final Subdivision. Yankee Plaza. It was recommended to approve the final subdivision. R-94.81 N. Contract 88-FF. Acknowledge Completion /Authorize Maintenance (Country Hollow 2nd Addition Streets Utilities) It was recommended to acknowledge completion of Contract 88-FF and authorize perpetual City maintenance subject to warranty provisions. 0. Joint Powers Agreement, South Metro Drug Task Force. It was recommended to adopt the Joint Powers Agreement as presented. P. Add Alternate #1. Police Department/Municipal Center Project. Emergency Generator Screen Wall. It was recommended to approve Alternate #1 in the amount of $12,309 as presented. 0. Special Hunting Permit. Rebecca Maurer. It was recommended to approve the special bow hunting permit as presented. R. Special Hunting Permit, Richard R. Maurer, Jr. It was recommended to approve the special bow hunting permit as presented. S. Special Hunting Permit. Scott E. Olson. It was recommended to approve the special bow hunting license for Scott E. Olson, Jeff Adelmann and Clarence Adelmann as presented. T. Special Hunting Permit. Jeffrey J. Steitz. It was recommended to approve the special bow hunting license as presented. U. Special Hunting Permit. Kevin McGrath. It was recommended to approve the special bow hunting license as presented. V. Special Hunting Permit. Judy Freudenberg. It was recommended to approve the special bow hunting permit as presented. W. Soeciai Hunting Permit. Darrell Hyndman. It was recommended to approve the special bow hunting permit as presented. X. Special Hunting Permit. Jon Cornwell. It was recommended to approve the special bow hunting permit as presented. o .,.<f 0000 EAGAN CITY COUNCIL MINUTES; OCTOBER 18, 1994 PAGE 4 Y. Special Hunting Permit. Jonathon Yanta. It was recommended to approve a special bow hunting permit for Jonathon Yanta, Joseph Flynn and William Kieffer, subject to police approval. Z. Soecial Hunting Permit. James Yanta. It was recommended to approve a special bow hunting permit for James Yanta, subject to police approval. Masin moved, Awada seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 ADM1MSTRAT1 /B AGENDA-' Building Project Change Order Procedure. Awada moved, Masin seconded a motion to adopt the the change order procedure for the building project as presented. Aye: 5 Nay: 0 Proclamation/Violence Free Week/Turn Off the Violence Day in Dakota County. After a brief Introduction by Administrator Hedges, Hunter moved, Wachter seconded a motion to adopt the proclamation as presented. Aye: 5 Nay: 0 R-94.82 Proclamations. Administrator Hedges explained that the city is being asked to proclaim October 22 as Make A Difference Day, wherein communities would encourage people to volunteer to do something to make the community better. He noted that he just received the information, and stated it will be difficult to plan anything on such a short notice. Discussion followed on the number of proclamations received by the city. Awada suggested the city should just issue a few proclamations and they would mean more In the community. Masin concurred, stating the city could highlight them more. Awada moved, Masin seconded a motion to deny this proclamation. Mayor Egan suggested that staff notify the source of this proclamation that this was denied due to the untimeliness of the request. Aye: 5 Nay: 0 Masin moved, Wachter seconded a motion to approve the proclamation related to unfunded mandates. Masin explained to the audience what unfunded mandates are and suggested that citizens write to congress encouraging passage of the bill eliminating unfunded mandates. Aye: 5 Nay: 0 Vacate Drainage, Utility and Street Easements (Sunset 12th and Praise Lutheran Church Additions). Public Works Director Colbert noted that a petition was presented and a public hearing held to consider vacating a previously dedicated street easement west of Dodd Road and south of Diffley Road, as well as a public cul-de-sac on the north end of Stirrup Street. Action was continued on that item, because it was contingent upon the platting of Praise Lutheran Church Addition to ensure that adequate right-of-way was replaced. Since that has been accomplished, approval is in order. Hunter moved, Wachter seconded a motion to vacate the drainage, utility and street easements as described within the Sunset 12th & Praise Lutheran Church Additions and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 .......UB.......L .....CAR HE.................... NGS P FINAL ASSESSMENT HEARING WOODLANDS NORTH 3RD ADDITION/TRAILS END ROAD Mayor Egan Introduced this item as Project 648, final assessment hearing for Woodlands North 3rd Addition/Trails End Road Streets and Utilities. Administrator Hedges noted that a public hearing was held on September 20, and action was continued due to objections by property owners. EAGAN CITY COUNCIL MINUTES; OCTOBER 18, 1994 PAGE 5 Public Works Director Colbert explained the background of this project and the objections raised at the assessment hearing. He noted that the Hoveland objection was resolved through the platting of their property. They rescinded their objection, with the request that special assessments previously the responsibility of the unplatted parcel be levied entirely against Lot 9 of the new Trails End Addition. Staff found it to be a reasonable request, but should be adopted by Council action. Assistant City Engineer Mike Foertch explained the objection raised by the Welters and the history of the demolition landfill on their property. The Pollution Control Agency has stated that this property can be used as residential for yard, but they advised against some construction activity happening unless approved by the PCA Director. He explained several options available for developing this area. Staff feels the property is developable, and that there is residual property available for construction of a house outside of the area of the demolition landfill. Considerable discussion followed concerning the various configurations proposed by the Engineering Department and the economic considerations of developing the property. Masin questioned whether the PCA would allow the City to install utilities through the demolition landfill area. Assistant City Engineer Foertch noted that construction activity has occurred on the demolition fill area. The City granted the owner an 18 month permit for storage of topsoil material across the entire area after the landfill was closed. Discussion followed concerning the location of the street and where utilities could be located under the various scenarios. Awada noted that under any of these scenarios, double fronted lots will result. Wachter stated that in some cases, there are no other alternatives. Public Works Director Colbert added that staff also took into consideration the fact that the most benefit usually comes from the first public improvement that reaches a parcel. As Trails End Road improvements extend further, it will have to be evaluated whether there is additional benefit to this parcel. The parcel's only access uses this improvement, which is why it is felt that benefit is derived from this improvement. Mayor Egan the opened the hearing to public comment. Cydney Welter, owner of the subject property, stated that they do not have access to water and sewer on their property. The stub is located on Trail Court. They were told by staff in the past that they would not place a stub there because of the landfill. She noted that she has spoken to numerous developers, and no one wants to deal with the landfill area. Scott Welter added that the soil on top of the landfill area will be removed. He concurred that developers are not interested in this property. He made reference to the location of the water stub, and Public Works Director Colbert clarified that the water stub was placed at that location at the Hoveland's request to accommodate the location of their proposed plat for the Trails End Addition. The Welters disagreed with that. Councilmember Hunter noted that it doesn't really matter where the water stub is now. The question is whether service can be provided if the property develops. He asked whether the $20,000 assessment includes bringing the stub to the end of the roadway. Public Works Director Colbert indicated the assessment doesn't include extending the water stub. Awada asked whether the services could be provided and how much it will cost. Public Works Director Colbert indicated services can be provided at an approximate cost of $1,500 for a pair of services per lot. Assistant City Engineer Foertch noted it could run as high as $2,500 per lot, depending on how the bids come in. Councilmember Masin asked why the service went down so far since the area abutting the demolition landfill is virtually useless. Public Works Director Colbert responded that it is because of the townhouse development on the east side of Trails End Road. Mr. Welter stated he feels that service was extended 60-70 feet beyond the last lot for no purpose. The City got the easement from him to curve the road around the pond. Public Works Director Colbert clarified that the developer acquired the easement 00011_`33 EAGAN CITY COUNCIL MINUTES; OCTOBER 18, 1994 PAGE 6 and dedicated It to the city. The City required the developer to extend public streets and utilities to the southern limits of his development for future extension. Mr. Welter stated they spent $18,000 on this property because of a restraining order that was brought against them for using Cedar Street to get to their house. There was a property line discrepancy and they ultimately decided to purchase the property with the landfill on it to resolve the driveway issue. They are trying to resolve this issue to everyone's satisfaction. Carol Hesse noted that one of the alternatives affects their property and wondered why they weren't notified of this hearing. Public Works Director Colbert indicated there were neighborhood meetings explaining these roadway concepts and she was notified of those. They are just concepts at this point. Mayor Egan dosed the public hearing and turned discussion back to the Council. Councilmember Masin noted that Howard Kyllo was looking at this property, and wondered why he decided not to do anything with it. Mr. Kyllo noted it was because of the fill area. They are convinced that it is not hazardous, but there are disclosure issues, which materially affects the value of the property. Discussion followed concerning how fair market value should be determined for this parcel and how this could feasibly be developed. Councilmember Awada asked what layout would feasibly work economically for the Welters. Mr. Kyllo responded that it would have to be high density townhouses or apartments, but he isn't sure this is the appropriate location for them. Councilmember Hunter stated he feels the $20,000 assessment is too high because half of the land Is unusable. He suggested the Welters assessment be reduced $10,000, and the remainder be assessed to Trails End Addition. He also suggested their assessment be deferred until the either the land is bought or subdivided. Councilmember Awada brought up the idea of using this as open space. She stated that if the Council wishes to pursue this, they shouldn't make a decision on the assessment for this property tonight. If they do, the Council will preclude themselves from doing that. Councilmember Hunter stated he doesn't like the idea of having green spaces on landfill areas. Discussion followed on that suggestion. Mayor Egan stated he feels the parcel is too small to pursue that idea. Public Works Director Colbert reminded the Council of the city's assessment policy as it relates to how this area may develop. He indicated there have been other situations where rear yards and side yards were responsible for upgrading adjacent right-of-way. Councilmember Wachter stated he feels there needs to be some give and take in this situation. He feels this is a special situation, and it should be treated that way. Mayor Egan stated he supports a reduction in the Welters assessment; however, he isn't certain this property is undevelopable. He feels a compromise Is appropriate. Councilmember Awada asked whether they will be assessed for a cul-de-sac In the future if it is built. Public Works Director Colbert stated that they will be involved in assessments with future extensions of the Improvement. He suggested that the Council adopt this assessment, and it could be deferred if an agreement Is entered Into within 30 days. The Council needs to decide whether the property benefits at all from the improvements that have been installed to date. Awada and Masin indicated they don't think it did. Hunter disagreed, noting that if someone purchases the easterly portion and develops it, they will benefit greatly. Wachter and Egan concurred. Considerable discussion followed concerning benefit and assessments. Several scenarios regarding assessments were discussed. Public Works Director Colbert stated he doesn't think any services will be taken off the existing utilities in its present location. They will probably come from an extension of these utilities and streets as it extends south and west along Cedar FC . EAGAN CITY COUNCIL MINUTES; OCTOBER 18, 1994 PAGE 7 Street. Wachter and Awada concurred. Mayor Egan stated in that case, perhaps the Welters should be removed from all consideration of this project and include them in an assessment project in the future. If the Council does that, there is $20,000 that will need to be respread among other properties. Public Works Director Colbert reminded the Council that approximately $6,900 of the assessment is for the street and street drainage. The property in its current condition benefits from a paved street because it is their only access. Awada concurred. Mayor Egan asked whether they could assess for street only and remove them from the utility assessments. Public Works Director Colbert noted that if this property does take access to these utilities, there would be a connection charge in addition to the utility assessment. The Council needs to decide whether a portion of that should be respread also. If there Is a reallocation, another public hearing needs to be held. Mayor Egan added that an agreement has been reached with the Hovelands, and if any amount is respread, it needs to be decided whether they will be included In the reallocation. Hunter moved, Wachter seconded a motion to close the public hearing for Project 648 and direct staff to revise the final assessment roll to reallocate the sanitary sewer and water lateral assessments for Parcel 10-01400-014-02 proportionately to the Trails End and Woodlands North 3rd Additions and reschedule a new final assessment public hearing for November 15, 1994. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING/DIFFLEY ROAD Mayor Egan introduced this item as Project 607, Final Assessment Hearing for Diffley Road. After a brief introduction by Administrator Hedges, Public Works Director Colbert explained the location, proposal and associated costs. He noted that after researching several assessment objections and Issues, they are recommending that assessments on four parcels be modified. He handed out a written objection from Harry and Phyllis Deer, that was just received. He noted that there was an objection raised on the Caponi Art Park, and although staff is recommending that the assessment be modified down to the previous agricultural zoning, a written objection was submitted on the reduced amount. Mayor Egan then opened the public hearing to anyone wishing to speak. John Bannigan, of Bannigan & Kelly P.A., representing Remo and Karen Caponi, and Tony and Cheryl Caponi, raised an objection to the assessment. He feels their property was damaged as a result of this project, and asked whether the city has any information that states that the fair market value has Increased as a result of this project. City Attorney Sheldon reminded Mr. Bannigan that the issues of damages and taking take place prior to the time the project is constructed. They will negotiate with any property owners once the assessments have been certified by the City Council, but are not directed by the City to negotiate with anyone prior to certification of the special assessments. Mayor Egan added that the city doesn't negotiate prior to certification or prior to the appeal actually being perfected. Public Works Director Colbert stated that Diffley Road Is a community collector, but the assessment was based on a typical local residential street equivalent to this single family residential zoned property. After reviewing the objections, staff feels that the assessment is supportable, based on previous public Improvements to similar zoned property and the benefits that have been proven and sustained through that process. If that objection is pursued, the city will take additional action to further support that position. If it cannot be fully supported, they will work with the property owner to determine the proper amount. Mr. Bannigan asked whether the note from Tony and Cheryl Caponi is acceptable as a formal objection. The Council indicated it is adequate. He stated that the same argument outlined in the letter objecting to Remo and Karen Caponi's assessnent applies to this parcel also. Melissa Stover, representing Harry and Phyllis Deer, indicated that at the neighborhood meeting, it was stated that properties that do not have direct driveway access to Diffley Road would not be assessed. She Indicated that they do not have access from Diffley Road. Public Works Director Colbert stated they OO EAGAN CITY COUNCIL MINUTES; OCTOBER 18, 1994 PAGE 8 consider that property as having direct access from Diffley. Access Is through an easement across another property. That is their only access. Ms. Stover noted that their property was assessed as public facility. It is a residential property, zoned agricultural, and guided public facility. She noted that the Deers recently sold the property, but they are still fee owners because it was sold on a contract for deed. Before it was sold, the school, power company and city were all contacted, and none of them were interested in acquiring the property. Mayor Egan stated he doesn't see why it should be assessed as public facility when it is used as residential. Awada and Hunter concurred. Public Works Director Colbert noted that the street assessment was based on one half of the single family residential rate. They were able to change the assessment roll before it went to the Council. Chris Leach asked what the procedure is now that he has filed an objection. Mayor Egan explained the procedure. There being no one else wishing to speak, Mayor Egan closed the hearing to the public. Wachter moved, Awada seconded a motion to close the public hearing for Project 607 and adopt a modified final assessment roll as recommended in a staff memo from the Public Works Director dated October 13, 1994 and authorize its certification to Dakota County. Aye: 5 Nay: 0 VACATION/BIRCH STREET Mayor Egan introduced this item as vacation of public right-of-way for Birch Street. After a brief Introduction by Administrator Hedges, Public Works Director Colbert explained the request and location. He noted that as they were researching the 5 year CIP, they found that they don't have right-of-way dedicated along the west side of the Wessel property for the extension and ultimate connection of Wescott Hills Drive to the Sunrise Hills Addition. He suggested that the Council consider a land swap of the property proposed to be vacated with the right-of-way needed on the west side of the Wessel property. There was an objection to dedicating the right-of-way. Staff feels that right-of-way is needed to provide a north-south connection between Elrene Road and Lexington Avenue. If this vacation is approved, Birch Street will become a dead end, and will result a discontinuous public right-of-way that will not accomplish a connection from Wescott Hills Drive to Wescott Road. The Council could pursue acquisition at a later date, but the city would be turning back right-of-way at no cost and then spending additional dollars on future right-of-way. After some discussion, Mayor Egan then opened the hearing to public testimony. Howard Kylio, land development consultant for Brad Stricker, indicated it is critical that they be able to go ahead with this project this fall. He feels Mr. Stricker would be held hostage if the land swap is made a condition to this vacation. Public Works Director Colbert stated that the Council can approve the vacation with the condition that a replacement easement for Wescott Hills Drive be provided and conveyed to the city prior to the recording of that vacation; or, the vacation can be approved without conditions, recognizing that the city would have to proceed with acquisition of right-of-way for Wescott Hills Drive, which could cost up to $10,000. Mr. Kyllo asked whether Mr. Wessel would be allowed to appeal the vacation if the condition is approved. City Attorney Sheldon indicated it would be made a condition of the vacation, and without the vacation, the plat cannot go forward. Mr. Kyllo urged the Council not to impose the condition. After some discussion, Councilmember Hunter stated he feels this is issue was brought up in good faith. It was brought up late because it was discovered late. Since it was brought up so late, he doesn't see how the city could r - EAGAN CITY COUNCIL MINUTES; OCTOBER 18, 1994 PAGE 9 Impose this condition. Mayor Egan concurred, adding that Mr. Wessel will eventually plat that land and the connection and right-of-way issue can be dealt with at that time. After some discussion, Wachter moved, Hunter seconded a motion to close the public hearing and approve the vacation as described and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING/DELINQUENT UTILITY BILLS Mayor Egan introduced this item as the final assessment hearing for delinquent utility bills. After a brief Introduction by Administrator Hedges, Mayor Egan opened the hearing to public testimony. There being no one wishing to speak, Mayor Egan closed the public hearing. Hunter moved, Wachter seconded a motion to close the public hearing and approve the final assessment roll and authorize its certification to the county for collection. Aye: 5 Nay: 0 NEW BUSINESS FINAL SUBDIVISION APPROVAL/RED OAKS ADDITION Mayor Egan introduced this item as final subdivision approval for Red Oaks Addition. Awada moved, Wachter seconded a motion to approve the final subdivision. Aye: 5 Nay: 0 R-94.83 RECEIVE BIDS/AWARD CONTRACT RED OAKS ADDITION Mayor Egan introduced this item as Contract 94-16, receive bids and award contract on Red Oaks Addition Streets and Utilities. Awada moved, Wachter seconded a motion to receive the bids for Contract 94-16 and award the contract to Ro-So Contracting, Inc. in the amount of $79,444.50, excluding Pond AP-33, and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/PRELIMINARY SUBDIVISION TRANSPORT AMERICA Mayor Egan introduced this item as a conditional use permit for Transport America to allow a truck and freight terminal, and preliminary subdivision consisting of approximately 10 acres at the northeast Intersection of Yankee Doodle Road and Terminal Drive. Mayor Egan indicated he will be abstaining on this item and turned the meeting over to Councilmember Wachter. Administrator Hedges indicated the Advisory Planning Commission held a public hearing on September 27. Community Development Director Reichert explained the location and request. She noted the Planning Commission raised two issues regarding the trucking facility. One was with the servicing of the area. The applicant wanted to leave the back in gravel. She indicated she has spoken with the applicant and they are willing to pave the back, but they would like more time to do it. The other issue dealt with the amount of parking that will be provided for employees. The Planning Commission is recommending that the angle parking In the right-of-way on Yankee Doodle Road be eliminated. Michael Margulies, of Lindquist & Vennum, representing Transport America, stated they feel that the employee parking is more than adequate at this point. He suggested that a condition be placed on this to review the parking situation in the future to reevaluate whether it is adequate. Councilmember Awada asked when Phases 2 and 3 will be built. Mr. Margulies stated their plan is to complete Phase 2 in 1995 and Phase 3 in 1996. He suggested that curb and gutter be allowed to be installed under Phase 1 when it is improved sometime in the future. Since Phase 1 is completed, it would be costly to retrofit it at this time. The asphalt ~w r -SS? t)". S p EAGAN CITY COUNCIL MINUTES; OCTOBER 18, 1994 PAGE 10 is In good condition, and they would prefer not to tear up the asphalt to install curbing. Curbing under Phases 2 and 3 would be done as the parking is completed. He stated they have no problem with the removal of parking on the Yankee Doodle Road right-of-way. Councilmember Wachter asked what their plan is for surfacing the site. Mr. Margulies stated they would like to complete it on three year basis. Community Development Director Reichert verified that they are proposing to install recycled bituminous on the entire area in the interim to control the dust. She Indicated that the proposal for phasing should be added to the conditions, along with the monitoring of the parking situation. Councilmember Hunter suggested that a condition be added that the parking must be upgraded to city standards in the event that the office parcel is sold. Mr. Margulies questioned the cash dedication fee for water quality. Public Works Director Colbert explained what the fee Is based on and how it is calculated. Some discussion followed. Hunter moved, Masin seconded a motion to approve the preliminary subdivision for Transport America Addition, subject to standard conditions of plat approval Al, 131, C1, C2, C3, D1, E1, F1 and G1, as adopted by Council action on February 2, 1993. Aye: 4 Nay: 0 (Egan abstained.) Hunter moved, Awada seconded a motion to approve the conditional use permit for Transport America, subject to the following conditions: 1. The Conditional Use Permit shall be recorded concurrent with the recording of the final plat. 2. Terminal parking must be upgraded to city standards in the event that the office parcel is sold. Terminal parking will be reevaluated after three years and the owner will bring parking up to city standards if necessary. 3. The applicant/owner shall properly maintain all parking areas and premises. 4. All trash and recycling containers shall be stored within each principal building or in an enclosure attached to the principal structure and constructed of the same building materials. 5. The applicant/owner shall construct a storm sewer system that will collect the runoff from this site and convey the runoff to the existing storm sewer system. 6. The parking lots shall be upgraded to City standards with concrete curb and gutter and bituminous or concrete surfacing. 7. Conditions 5 and 6 shall be phased in as shown in Exhibit 1 with the last phase completed in 1996, with the exception that Phase 1 will be upgraded to concrete curb and gutter when Phase 1 asphalt is resurfaced at a later time. Aye: 4 Nay: 0 (Egan abstained.) Councilmember Wachter then turned the meeting back to Mayor Egan. PLANNED DEVELOPMENT AMENDMENT/EXTENSION EAGAN HEIGHTS COMMERCIAL PARK Mayor Egan introduced this item as a Planned Development Amendment/Extension for Eagan Heights Commercial Park, for Town Centre 100 Addition. Administrator Hedges gave a brief introduction. EAGAN CITY COUNCIL MINUTES; OCTOBER 18, 1994 PAGE 11 Community Development Director Reichert explained the request and location. She reviewed the history of the zoning and development of this area, the philosophy of planned development versus straight zoning and how it should be used in the project and throughout the city. She noted the Planning Commission didn't see any advantage to planned development over straight zoning In this case. She explained that the Council can either approve the amendment as proposed; approve an amendment and term extension for the planned development, but revise some of the proposed land use classifications; or deny the planned development amendment/extension. She noted that the Planning Commission is recommending it be denied and that a public hearing be set to terminate the planned development and put the undeveloped properties back into a zoning classification. Discussion followed. Martin Colon, of Eagan Heights Commercial Park Partnership, expressed his feelings about how the area developed and how it should be zoned. His proposal is to leave it as a retail-type zoning. He feels the Item that needs to be addressed is the 13 acre parcel on the corner. He feels the remaining parcels should remain as they are. He requested that the 2 acre parcel south of Blue Cross Blue Shield remain as Umited Business because he is in the process of negotiations on that parcel. Mayor Egan stated he feels the issue is whether the Council wants to continue with the policy dealing with commercial planned development agreements. He noted that historically, Eagan has done a great deal of development using planned development agreements and they have worked quite well. His understanding is that the only time a planned development is justified is if you can clearly demonstrate that the use of that district is superior to using the underlying zoning classification. He doesn't see where straight zoning would provide the city with any greater assurances than what the actual terms of the planned development agreement provide. Councilmember Hunter indicated that the Planning Commission had the same argument; however, they felt that if there is no greater benefit to planned development, then straight zoning should be utilized. He feels there is an advantage to the planned development agreement from the standpoint that there is a vehicle that can be amended in the future if necessary. The agreement ties all of the parcels together, which he sees as a distinct advantage. Councilmember Awada stated that the owner admits that it doesn't make any difference to him. If that is the case, she feels that straight zoning should be the default. More discussion followed concerning whether there are advantages of planned development versus straight zoning and when planned development should be used. Councilmember Hunter stressed that the City needs to maintain flexibility and straight zoning would provide that. Steve Klein, representing the Duckwood Estates neighborhood, reviewed a number of Issues raised by the people living in the area. Some of the concerns expressed were the impacts on property values, water quality and crime rates; concerns about the types of businesses that might locate in the development area; aesthetics of new buildings and amenities; the buffer that was promised between Duckwood Estates and the commercial development; and safety of street traffic and pedestrians. He suggested that a covenant committee be formed to review the amendment, specific development proposals, and the concerns of homeowners and existing commercial property owners. Councilmember Hunter asked about the buffer that was referred to. Community Development Director Reichert noted that in the original development agreement, 650 feet was to be left as a buffer between where development would occur and the neighborhood. There was some disagreement as to how large the buffer was to be. Martin Colon stated he feels that it is the role of the Planning Commission to accomplish most of the things Mr. Klein feels would be accomplished by a covenant committee. He doesn't have a problem with meeting the with neighborhood to work out their concerns, but doesn't favor a quasi-legal committee. EAGAN CITY COUNCIL MINUTES; OCTOBER 18, 1994 PAGE 12 Mr. Klein responded that he didn't intend for the committee to be quasi-legal; however, he feels it would let people know up front about the Issues that are paramount to the stakeholders in this. Mayor Egan reiterated he doesn't see any advantage to either planned development or straight zoning in this case. Masin concurred, stating she recognizes the Importance of maintaining flexibility, yet creating consistency. If this area goes back to straight zoning, she asked how the Issues raised by the neighborhood could be addressed. Community Development Director Reichert indicated that the issues raised by the neighborhood can best be addressed when there is a specific development proposal. Councilmember Hunter indicated that the applicant has made this planned development as specific as the market allows. Because the planned development Is so general, he feels it is virtually the same as straight zoning. Therefore, he feels the Council should determine the zoning and keep the flexibility. The neighborhood can form a committee if they want, but he doesn't feel it should be generated by the city. He feels the Council should adopt the recommendation of the Planning Commission. Councilmember Wachter expressed a concern about having Limited Business next to Residential property. Awada moved, Masin seconded a motion to deny the amendment/extension of the Eagan Heights Commercial Planned Development and direct staff to initiate proceedings to terminate the planned development and determine the appropriate zoning for the property. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION/FINAL PLANNED DEVELOPMENT TOWN CENTRE 100 FOURTEENTH ADDITION/TRIPLE S. INVESTMENTS Mayor Egan introduced this item as a preliminary subdivision and final planned development for Town Centre 100 Fourteenth Addition, Triple S. Investments. After a brief introduction by Administrator Hedges, Community Development Director Reichert explained the location and request. She noted that the Issue raised by the Planning Commission concerned auto related businesses coming into this area. Because the other auto related business located there, leaving a small area left, the Planning Commission felt the die had somewhat been cast for the property. She indicated she doesn't feel the area to the south and the 13 acre parcel necessarily need to develop that way. She stated that another issue raised by the Planning Commission was the compatibility of building materials and window signage. The Planning Commission added a condition that additional windows be added on the north side facing Yankee Doodle Road. Martin Colon stated his objection to the condition that there be no easements or right-of-way changes in the setback areas. Steve Schaller, of Triple S. Investments, indicated he doesn't have a problem with the condition concerning the brick as long as it requires that it be similar, rather than identical. He raised a concern about the condition requiring the driveway to be 30 feet wide. He noted that part of the access road that serves the Valvoline property is already in place and is only 24 feet wide. He feels that widening the driveway at that point will ruin the parking scheme. Concrete curb and gutter is also being required on the access road and he doesn't think that is in place on the access road that is there now. He feels that access road will be used by the future development to the south, in which case, it will be torn out anyway. Public Works Director Colbert agreed that that condition could be reduced to match the existing access road or no less than 24 feet. He does feel concrete curb and gutter should be required with the narrower width for drainage control, containing traffic, snow removal operations and to define landscaped areas. Mr. Schaller asked why Valvoline wasn't required to install concrete curb and gutter. Public Works Director Colbert responded it was because the exact location of the access drive wasn't known at the time, oaa"r EAGAN CITY COUNCIL MINUTES; OCTOBER 18, 1994 PAGE 13 and it was decided that the location should be determined with the development of this property. After discussion concerning the access drive, Councilmember Hunter stated the condition should state that In the event that the parcel to the south takes access from a different location, the bituminous must be replaced with concrete curb and gutter. Steve Schaller expressed a concern about the condition related to window signage. He feels it is unfair because it reduces their ability to be successful there. Their competitors throughout this community and other communities are allowed to do this. He questioned the enforceability of this requirement. Community Development Director Reichert noted that this is a planned development and is next to an office building. Councilmember Hunter concurred with the rationale of prohibiting this in this situation. Martin Colon suggested that the number of signs be prohibited, and that they be limited to the north side of the building rather than completely prohibiting them. Councilmember Awada noted that this is where the main street is proposed to be for downtown and she is very concerned about what this area is going to look like. Wachter concurred. Mayor Egan stated he would be willing to allow some limited signs. His main concern is the aesthetics from the office building. Community Development Director Reichert brought up the concern raised by Mr. Colon relative to the right-of-way issue. She indicated she feels the city can fit the future roadway widening into the existing right-of-way. The reason this condition is put in is because under the subdivision ordinance, the city is given authority to acquire dedication of right-of-way if it is reasonably related to the development. The precedent was set with the Valvoline lot for a 75 foot right-of-way. She would like to prevent the county from taking part of the setback landscape area for road improvements. Discussion followed concerning the right-of-way and the widening of Yankee Doodle Road. After some discussion concerning the suggested conditions, Hunter moved, Wachter seconded a motion to approve the preliminary subdivision for Outlot A, Town Centre 100 Thirteenth Addition, subject to the following conditions: 1. The developer shall comply with standard conditions of plat approval Al, B1, B3, C1, C2, E1, F1, G1, and H1 as adopted by Council action on February 2, 1993. 2. The developer shall prepare a shared access easement document for review and approval by the City Attorney and record this document with the plat at Dakota County. 3. Approval is subject to the existing 75' half right-of-way. Aye: 5 Nay: 0 Hunter moved, Wachter seconded a motion to approve the final planned development, subject to the following conditions: 1. A 6,000 square foot Big Wheel Auto Parts store is approved to be developed on Lot 1, Block 1, Town Centre 100 Fourteenth Addition. 2. No provisions of the site plan, including but not limited to setbacks, easements, right-of-way or other dedications as shown on Exhibit A. can be modified without City Council approval. 3. This approval solely relates to Outlot A, Town Centre 100 Thirteenth Addition. 4. The Final Planned Development Agreement for this lot shall be executed prior to final plat approval. The following exhibits necessary for the agreement shall be provided as part of the EAGAN CITY COUNCIL MINUTES; OCTOBER 18, 1994 PAGE 14 final plat of this property: Final Site Plan; Final Building Elevation Plan; Final Sign Plan; Final Landscape Plan 5. 25 parking spaces shall be constructed with initial site development and 15 parking spaces shall be shown on the Site Plan as "proof of parking" (nine of these spaces located north of the building and six located on the south side). 6. The site plan shall be revised to remove the drive aisle area north of the building. 7. The building shall be constructed of brick that matches to the greatest extent possible the type and color of the brick used on the Rapid Oil Change building to the east. 8. The Building Elevation Plan shall be revised to incorporate additional windows along the north side of the building. 9. All trash and recycling containers shall be stored within the building. 10. Building signage shall only be allowed on the north building face. 11. The developer/owner shall apply to amend the agreement to allow a pylon sign at this location and provide the city updated documentation regarding all existing and proposed pylons within Town Centre. 12. Window signage is prohibited, except for the north side of the building. 13. All green and landscaped areas shall be served by an underground irrigation system. 14. The building and parking/drive aisles shall be maintained. 15. The driveway that serves this site shall be 24 feet wide and shall include concrete curb and gutter on both sides. Installation of the concrete curb and gutter on the south side of the drive can be delayed until the parcel directly to the south of the drive is platted. Until then, bituminous curb and gutter must be used in lieu of concrete curb and gutter. 16. The sanitary sewer service shall include a manhole at the property line to allow the City to maintain and inspect the sewer line. 17. The developer shalt include a hydrant on the 6 inch water line to improve the fire protection to the site. 18. The developer shall obtain an easement from the adjacent property owners for the proposed 6 inch water main. Some discussion followed on the conditions. Aye: 5 Nay: 0 LIEGiSLA' 'tYEf tNTiwR ~JJYEHNMEN FFA1R5 UPpAT Councilmember Awada gave a report on the Orfield debate and the ethics discussion at the Dakota County League of Governments housing conference. Discussion followed. 003 EAGAN CITY COUNCIL MINUTES; OCTOBER 18, 1994 PAGE 15 ADMiNiSTRAT fE i1s?:GBNiDA Project 638R. Approve Conveyance of Temporary Easement on City Property to Dakota County (Yankee Doodle Road Reconstruction). Public Works Director Colbert explained that this is a small temporary easement that the county would like to acquire from the city's water reservoir site. Wachter moved, Awada seconded a motion to approve the conveyance of a temporary easement to Dakota County for Parcel 9 (150) over Outlot D, West Publishing Company 4th Addition at no cost, and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 Contractual Snow Removal. Receive Quotes/Award Contract. After a brief explanation by Public Works Director Colbert, Masin moved, Wachter seconded a motion to receive the quotes for snow removal services, award the contract to William Gallagher, and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 City Contract 94-02 (Violet Lane - Streets & Utilities) Public Works Director Colbert explained that due to subsurface groundwater conditions encountered during utility installation along Violet Lane, a drain tile system is necessary to protect the street from future problems. A negotiated price was reached with the contractor for this work, and it will be 100% assessed. Wachter moved, Awada seconded a motion to approve contract Change Order #1 to City Contract 94-02 in the amount of $6,392.50 and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 RCUNDT.ABLE Community Development Director Reichert gave a brief update on several community development issues that weren't covered in the special work session. Discussion followed on the development of an adult use ordinance. Community Development Director Reichert suggested the Council set up a time to meet with the Mayor of Apple Valley and take a look at the townhouse project there. November 15 was suggested. After a review of upcoming meetings, Hunter moved, Awada seconded a motion to set a special work session on November 1 at 5:00 p.m. Aye: 5 Nay: 0 Public Works Director Colbert indicated he met with someone who is interested in purchasing one or possibly two buildings in Cedarvale area. The would like to raze the buildings and come in with a development proposal, but wants to know if the Council would be willing to reconsider the Cedarvale access project. After considerable discussion, the Council agreed that they would consider it, but they need to see a proposal first. Councilmember Wachter stated he read that the midwest area has highly polluted water because of chemical use, and asked several questions related to water quality and testing. Public Works Director Colbert Indicated the City of Eagan has a very well protected aquifer. Councilmember Wachter indicated he received two letters from Floyd Hiar and he turned them over to Administrator Hedges. Mayor Egan reminded Council members to submit the top priority policies for the A.M.M. Mayor Egan stated he received a call from Bob Monson, of ISD #197, informing him that they will be resurrecting the referendum to relocate a middle school in either Eagan or Mendota Heights. He will appear before the Council on this. Discussion followed concerning school boundaries and lack of communication between school districts. 0 EAGAN CITY COUNCIL MINUTES; OCTOBER 18, 1994 PAGE 16 Councilmember Masin reported on several meetings she attended recently. Councilmember Hunter stated he watched the APRNRC meeting where they discussed the tree preservation guidelines and how they aren't working. Apparently a lot more trees are being cut down than are allowed. GHI=~CK EGMSTER Wachter moved, Egan seconded a motion to approve the check register dated October 14, 1994 In the amount of $1,790,781.12. Aye: 5 Nay: 0 i f OURNMENT Wachter moved, Egan seconded a motion to adjourn the meeting at 11:43 p.m. Aye: 5 Nay: 0 DLP October 18, 1994 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. rF~ ~ a+r . ~r~n. arr w. ar wru w lt~rd r. / 9Ll1xw7 R .a tTl s~ arr....uw.wa . . see* d 8888 2