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10/05/1993 - City Council Regular 0C Zak MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota October 5, 1993 A regular meeting of the Eagan City Council was held on Tuesday, October 5, 1993, 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 James Sheldon. x• City Administrator Hedges noted a number of changes to the City Council agenda: Administrative Agenda, Item 1, Mediation Sessions, Dispatcher Contract, was moved to Consent Agenda, Item A-4. Consent Agenda, Item R, Contract 93-14, Approve Bids/Award Contract, Wescott Square Commons Park. All bids were rejected. Consent Agenda, Item U, Amend Final Plat Condition, Lexington Pointe 8th and 9th Additions, was continued to the October 19, 1993, regular City Council meeting. New Business, Item A, Final Plat for Gardenwood Ponds and Item B, Receive Bids/Award Contract (Gardenwood Drive & Lexington Meadows) were continued indefinitely. Informative Item, 1-494 Wakota Bridge Coalition, was moved to Department Head Business. Hunter moved, Awada seconded, a motion to adopt the agenda for the October 5, 1993, regular City Council meeting as amended. Aye: 5 Nay. 0 •kti.:•Yiiti3:•;.\.:4ivv'ii}'i.Y.?6Y::i::mxt~: i.:3 }ii:.}i:{•\• Councilmember Awada noted that on pages 9 and 10 of the September 21, 1993, regular City Council minutes that the votes on the Mann Theater were erroneously shown as Aye: 5 Nay. 0 when all three voting items should have been Aye: 4 Nay: 1 (Awada). After noting that correction, Hunter moved, Awada seconded, a motion to approve the minutes of the September 21, 1993, regular City Council meeting as amended. Aye: 5 Nay: 0 Councilmember Awada also noted a clarification to the minutes of the September 16, 1993, special City Council meeting. Page 4, Sentence 2, change to read: 'The number of up-scale townhomes Mr. Sander is proposing for his R-3 zoned property would only be permitted in an R-4 zone.' Hunter moved, Wachter seconded, a motion to approve the minutes of the September 16, 1993, special City Council meeting as amended. Aye: 5 Nay. 0 The City Council rescinded action taken at the September 21, 1993, regular City Council meeting which reduced the sign fee for temporary Christmas tree sales to one-half the standard, temporary sign fee. Because Page 2/EAGAN CITY COUNCIL MINUTES October 5, 1993 this fee is not usually charged, Condition 2 relating to the fee was deleted from all four approvals. The action to rescind is reflected as Item V of the Consent Agenda. A. Personnel Items Item 1. Part-Time Police Dispatcher--It was recommended that the hiring of Melinda Kaltenhauser as a part-time Police dispatcher be approved. Item 2. Fall Seasonal Parks Maintenance Employees-It was recommended that the hiring of Denise Spohn and Dilbert Tobar as fall seasonal park maintenance workers be approved. Item 3. City-Wide TSP Review--It was recommended: 1) that the Time Spent Profile point totals be approved as presented; 2) that the appropriate compensation range adjustments for those positions for which adjustments are indicated be approved effective with the beginning of the October 3, 1993, pay period, and 3) that the title of the present Senior Engineering Technician/Supervisor/Construction position be changed to Supervisor of Construction. Item 4. It was recommended that the contract with the police dispatchers (LELS) and the City of Eagan for calendar years 1993 and 1994 be approved as discussed and presented by the City Council as a result of the special meeting held on Tuesday, October 5. B. Licenses. Plumbers It was recommended that the plumbers licenses for Central Plumbing, Cokley Plumbing, and Plumrite, Inc., be approved. C. Proclamation of October as Share Your Chair Month (Minnesota's Mobility Equipment Loan r m) It was recommended that October be proclaimed as "Share Your Chair Month" in the City of Eagan. D. Proclamation of October 4 - 11th as Brain Injury Awareness Week R-93.71 It was recommended that the week of October 4 -11, 1993, be proclaimed as Brain Injury Awareness Week in the City of Eagan. R-93.72 E. Project 93-F. Acknowledge Completion/Authorize City Maintenance (Deerwood 2nd Addition - Utility Services) It was recommended that the completion of Project 93-F (Deerwood 2nd Addition - Utility Services) be acknowledged and perpetual City maintenance authorized subject to appropriate warranty provisions. F. Project 92-A. Acknowledge Completion/Authorize City Maintenance (Hadler Park Addition - Utilities) It was recommended that the completion of Project 92-A (Hadler Park Addition - Utilities) be approved and perpetual City maintenance authorized subject to appropriate warranty provisions. Page 3/EAGAN CITY COUNCIL MINUTES October 5, 1993 G. Project 89-NN. Acknowledge Completion/Authorize City Maintenance (Peaceful Heights Addition - Storm Sewer & Ponding) It was recommended that completion of Project 89-NN (Peaceful Heights Addition - Storm Sewer & Ponding) be approved and perpetual City maintenance authorized subject to appropriate warranty provisions. H. Project 92-K Acknowledge Completion/Authorize City Maintenance (Elementary School #17 - Utilities) It was recommended that the completion of Project 92-K (Elementary School #17 - Utilities) be acknowledged and perpetual City maintenance authorized subject to appropriate warranty provisions. 1. Project 658. Receive Feasibility ReRgrl/Order Public Hearing (Cedarvale Area - Streetli ts) It was recommended that the feasibility report for Project 658 (Cedarvale Area - Streetlights) be received and a public hearing scheduled to be held on November 2, 1993. J. Contract 92-11. Approve Change Order #1 (Lakeview Trail Addition - Streets & Utilities) It was recommended that Change Order #1 to Contract 92-11 (Lakeview Trail Addition - Streets & Utilities) be approved and the Mayor and City Clerk authorized to execute all related documents. K Project 93-G. Acknowledge Completion/Authorize City Maintenance (Braun Sunrise 2nd Addition - Sanitary Sewer) It was recommended that the completion of Project 93-G (Braun Sunrise 2nd Addition - Sanitary Sewer) be acknowledged and perpetual City maintenance authorized subject to appropriate warranty provisions. L. Vacate Drainage & Utility Easement. Receive Petition/Order Public Hearing (Lot 33. Block 1. Weston Hills & Lot 1. Block 1. Weston Hills 2nd) It was recommended that the petition to vacate a drainage and utility easement (Lot 3, Block 1, Weston Hills and Lot 1, Block 1, Weston Hills 2nd Addition, be received and a public hearing scheduled to be held November 2, 1993. M. Renew Snow Removal Services Contract for 1993-94 It was recommended that the renewal of the existing snow removal services contract with Bituminous Roadways for 1993-1994 be authorized at the new fee schedule reflecting a $1.00 per hour rate increase. N. Contract 93-08. Approve Change Order #1 (Woodlands North 3r(L Atlantic Hills Drive & Chatterton Pond - Streets & Utilities) It was recommended that Change Order #1 to Contract 93-08 (Woodlands North 3rd, Atlantic Hills Drive & Chatterton Ponds - Streets & Utilities) be approved and the Mayor and City Clerk authorized to execute all related documents. 0. Approve Wetlands Exemption. Lost Spur Grading Permit It was recommended that the issuance of a certificate of exemption for the requested wetland fill associated with the grading permit application be authorized as submitted by Lost Spur Country Club. T. ~ ~R 3a Page 4/EAGAN CITY COUNCIL MINUTES October 5, 1993 P. FCC Rate Regulation Certification & Designation of the Burnsville/Eagan Cable Communications Commission as the Rate Re atory Authori ty It was recommended that the Burnsville/Eagan Cable Communications Commission be authorized and designated to act on behalf of the City of Eagan as its rate regulatory/franchising authority and Coordinator Reardon authorized to file FCC Form 328 requesting Certification of Franchising Authority to Regulate Basic Cable Service Rates and Initial Finding of Lack of Effective Competition. 0. Final Plat. Autumn Ridge 4th Addition It was recommended that the final plat for Autumn Ridge 4th Addition be approved as presented. R-93.73 R. Contract 93-14. Approve Bids/Award Contract. Wescott Square Commons Park It was recommended that the bids for Contract 93-14 for Wescott Square Commons Park be rejected and rebid in the spring of 1994. S. Consideration. Economic Development Mission Statement & Goals It was recommended that the economic development mission statement and goals be ratified as presented. T. Receive Assessment Roll/Order Public Hearing, Delinquent Weed Cutting and Miscellaneous Bills It was recommended that the assessment roll be received and a public hearing ordered for November 2, 1993, for the assessment of delinquent weed cutting and miscellaneous bills. U. Amend Final Plat Condition. Lexington Pointe 8th and 9th Additions It was recommended that consideration of a change in Condition #7 of the final plat conditions for Lexington Pointe 8th and 9th Additions be continued to the October 19, 1993, regular City Council meeting. V. Rescind Action Taken at the September 21, 1993. Regular Ci Council Meeting Regarding Special Use Permits for Temporary Christmas Tree Sales It was recommended that Condition #2 regarding a temporary sign permit fee of $1.25/sq.ft. be rescinded for all four Special Use Permits for Christmas tree sales (New Business Items C, D, E, and F) approved at the September 21, 1993, regular City Council meeting. Masin moved, Hunter seconded, a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 4494 WAKOTA BRIDGE COALITION City Administrator Hedges explained the request for funding that was received from the Wakota Bridge Coalition. Mr. Hedges pointed out that the Coalition had surveyed three of Eagan's largest employers and cited the number of employees who use the Wakota Bridge to get to their jobs in Eagan. 0C "IS3 Page 5/EAGAN CITY COUNCIL MINUTES October 5, 1993 Questions were raised regarding the appropriateness of giving tax dollars to one "quasi" government entity to lobby another government entity. The City Council agreed that none of them had been approached by businesses or residents in the City of Eagan regarding traffic problems with the Bridge. It was noted that if renovations are to made, MnDOT will make the determination as to when and if they will be addressed. Wachter moved, Hunter seconded, a motion to defer consideration of membership in the 1-494 Wakota Bridge Coalition to 1994 for possible inclusion in the 1995 budget. Aye: 5 Nay: 0 VACATION (LOT 32, BLOCK 2, LAKESIDE ESTATES ADDITION Mayor Egan introduced this item as vacate utility easement, Lot 32, Block 2, Lakeside Estates. Director of Public Works Colbert explained the vacation and its location and stated that all notices had been published in the legal newspaper and sent to all potentially affected property owners. He said no comments had been received. There was no one in the audience who wished to address the item. Hunter moved, Awada seconded, a motion to dose the public hearing and approve the vacation of the utility easement as described over Lot 32, Block 2, Lakeside Estates, and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 VACATION (OUTLOT A, TOWN CENTRE 70 - 13TH ADDTITION & LOT 1, BLOCK 1, TOWN CENTRE 70 -12TH ADDITION) Mayor Egan introduced this item as vacate utility easement, Outlot A, Town Centre 70 -13th Addition & Lot 1, Block 1, Town Centre 70 - 12th Addition). Director of Public Works Colbert explained the vacation and its location. There was no one in the audience who wished to address this item. Wachter moved, Masin seconded, a motion to dose the public hearing and approve the vacation of the drainage and utility easement as described and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING (ST THOMAS BECKET) Mayor Egan introduced this item as Project 640, final assessment hearing (St. Thomas Becket - Utilities). Director of Public Works Colbert presented an overview of the project and its location. He said construction has been completed and costs compiled. No objections have been received and there was no one in the audience who wished to address the item. It was noted that the project had come in lower than estimates. Awada moved, Wachter seconded, a motion to dose the public hearing and approve the final assessment roll for Project 640 (St. Thomas Becket - utilities) and authorize its certification to Dakota County. Aye: 5 Nay: 0 PUBLIC IMPROVEMENT HEARING (GARDENWOOD PONDS) Mayor Egan introduced this item as Project 655, Public Improvement Hearing (Gardenwood Ponds - streets & utilities). Mark Hanson of Bonestroo, Rosene, Anderlik and Associates explained the public improvement and its location. He outlined the cost of the project, those costs to be assessed to the developer and those to be assumed by the City. Mr. Hanson noted that the developer has elected to install a concrete rather than bituminous trail and will bear the difference in cost. I O(O 34 Page 6/EAGAN CITY COUNCIL MINUTES October 5, 1993 Because the final plat for Gardenwood Ponds has been continued indefinitely, the contract award for this Project will also be delayed. Mayor Egan asked the Director of Public Works how long the bid amount would be carried. Mr. Colbert stated that the contract provides that the bid price must be maintained for 45 days. However, if there are delays, the weather may prompt additional costs which will then become the responsibility of the developer. Mr. Colbert suggested the development agreement be changed to reflect that possibility. Awada moved, Wachter seconded, a motion to close the public hearing and approve Project 655 (Gardenwood Ponds - streets & utilities). Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING (CEDAR GROVE - STREET RECONSTRUCTION) Mayor Egan introduced this item as Project 617R, Final Assessment Hearing (Cedar Grove - Street Reconstruction). Director of Public Works Colbert described this as one of the most significant public improvements undertaken by the City. He explained the process and the revised assessment roll. Mr. Colbert indicated that the project has been completed and introduced Craig Larson and John Gorder of Bonestroo, Rosene, Anderlik and Associates, who worked so closely with the residents on the project. Mr. Colbert said that two letters of objection had been received in response to the assessments associated with this project. Mayor Egan asked how many persons in the audience were present for this public hearing and three persons raised their hands. Kathy Kuntz, 2133 Shale Lane, expressed her disagreement with the assessment saying it amounted to a regressive tax. She said those who have the least are being penalized the most as her lower valued property is paying the same assessment as higher valued property. Ms. Kuntz indicated her discomfort with the way the appraisals and assessments had been handled. City Attorney Sheldon stated that this had been a sensitive process for the City Council with so many properties involved. He advised that a before and after appraisal has been performed because the difference is what is used as the basis for assessments. Mr. Sheldon indicated that two appraisers were chosen to perform the appraisals as well as 30 representative properties. Of the 30, 27 appraisals were actually performed. Mr. Sheldon agreed that while the residents may prefer that the City assess properties on an individual basis, the City is restricted by law to treat similar properties similarly. Director of Public Works Colbert added that in determining the amount of assessments, the appraiser provided a "benefit range" and the City Council's decision was to go with the lesser amount for each group of properties to be assessed. Councilmember Hunter pointed out that regardless of the size of the house, use of the street and the number of trips generated is the same. Councilmember Awada also stated if the City Council had decided to base the assessment on the value of the property, Ms. Kuntz would not have paid less but homes with higher valuation would have paid more. When Ms. Kuntz again insisted that homes in her price range had not been appraised and that the City was penalizing those with lower property values, Mayor Egan pointed to another home on Shale Lane with approximately the same square footage as Ms. Kuntz' home and a similar valuation. Sandra Zierhut, 2062 Quartz Lane, asked a number of questions regarding an increase in her home's valuation between the 1992 property tax statement and 1993. She asked whether there would now be another increase with the public improvement. Ms. Zierhut also questioned why she already had assessments levied against her property. City Administrator Hedges stated that most of Ms. Zierhut's questions would have to be directed to Dakota County-, however, City staff would be happy to assist. After noting the objections and explaining the objection process, Hunter moved, Wachter seconded, a motion to close the public hearing and approve the final assessment roll for Project 617R (Cedar Grove street reconstruction) and authorized its certification to Dakota County. Aye: 5 Nay: 0 Page 7/EAGAN CITY COUNCIL MINUTES October 5, 1993 FINAL ASSESSMENT HEARING (LAKEVIEW TRAILS ADDITION & DODD ROAD) Mayor Egan introduced this item as Project 635, Final Assessment Hearing (Lakeview Trails Addition & Dodd Road - streets & utilities). Director of Public Works Colbert described this project as the installation of utilities and street improvements. The project has been completed and because the costs were less than estimated, the assessments were lower with the exception of the street improvements which increased by $300 because of an early winter. Mayor Egan noted the letters of objection and petition. Richard Buchan, 4695 Dodd Road, read a letter of objection signed by the residents in the project area along Dodd Road. He said these properties were unlikely to be subdivided because it is not financially feasible to develop small parcels. Mr. Buchan stated the residents object to the assessments and were not interested in negotiating. Mayor Egan said he thought it was a compromise when the assessments were cut in half with the remaining 50% deferred until hook up. He said the only action since that time has been the letter from the residents objecting to all costs. Mr. Buchan stated that a meeting had been held and staff advised them that assessments would be 50% now at today's rate and the 50% at hook up would be at the rate in effect at that time. Mr. Buchan stated that he never intends to hook up to the water utility but they (the residents) would be willing to pay 50% now but with no further obligation, including at the time of hook-up, if someone should decide to do that. Ronald Rosa, 4665 Dodd Road, stated he has owned his five acres for 26 years and the project/assessments are not fair. Roger Weirke asked why they are being assessed for something they petitioned against. Mr. Weirke also pointed out that if he wished to subdivide his property he could do so right now and would not need the utilities along Dodd Road. Chip Morgan, 4785 Dodd Road, questioned why the public hearing for Cedar Grove had based assessments on the benefit to the property and this project had based the cost on front footage. City Attorney Sheldon stated that Cedar Grove was the City's first major reconstruction project but this project (Project 635) involves initial improvements. He said the process used in determining assessments is not new and it attempts to treat each property fairly and objectively; the process is fairly typical. Doug Johnson, 4775 Dodd Road, explained that the subject properties are unique and consist of large tracts of land. Mr. Johnson said they are being asked to subsidize a development (Lakeview Trail Addition) that was brought into their neighborhood. He went on to say that because of their uniqueness, the standards do not fit their neighborhood; they need to be looked at differently. Mayor Egan said that historically they have heard the same argument from other neighborhoods and advised that the City has little opportunity to deny development. In answer to a question from Councilmember Hunter, Mayor Egan said that the 50% deferment was arrived at after a fair amount of discussion. He said the Council had reservations about whether 100% of the benefit to the property could be established immediately so 50% was deferred to hook-up. He said it was his understanding that the property owners would discuss how to handle the 50/50 split but nothing occurred. Councilmember Wachter expressed his sympathy for the neighbors and suggested certifying all but the watermain portion of the assessment roll. In addition, he suggested meetings with the neighbors and then the watermain assessments discussed at a future City Council meeting. Councilmember Awada agreed saying it may be possible for the deferred portion of the assessment to be assessed at the rate in effect at that time. Page 8/EAGAN CITY COUNCIL MINUTES October 5, 1993 Wachter moved, Awada seconded, a motion to close the public hearing and approve all but the watermain portion of the final assessment roll for Project 635 (Lakeview Trails Addition & Dodd Road - streets & utilities) and authorized its certification to Dakota County. Aye: 5 Nay. 0 Director of Public Works Colbert scheduled a meeting with the neighbors for October 11 at 7:00 p.m. VARIANCE/NORWEST IST ADDITION Mayor Egan introduced this item as a variance for Douglas P. Watschke, of 5' to the 5' parking and drive aisle setback requirement on Lot 1, Block 1, Norwest 1st Addition, located in the SW 1/4 of Section 10. Director of Community Development Reichert explained the application and its history. Ms. Reichert advised the Council that Gene Happe, the adjacent property owner, was present at the Advisory Planning Commission and had offered to shorten the parking spaces adjacent to the Norwest Bank area. This would provide additional depth for landscaping on his own property to compensate for the setback reduction on the bank's property. The APC did not support this revision. Gene Happe indicated that he had met with Walter Johnson of Norwest and had agreed to granting Norwest a right-of-entry easement to allow construction if the variance is approved. He suggested that the parking spaces referenced by Ms. Reichert be reduced from 18' to 16' and signed, "Compacts Only." Mr. Happe explained that the bank had suggested reducing their variance request to 4', thereby leaving 6' between the two properties. Mr. Happe said parking cars could be stopped by metal posts, if necessary, to keep them out of the landscaped area between the two properties. Walter Johnson, Norwest Bank, apologized for his impatience at the previous meeting and voiced his support for the proposal explained by Mr. Happe. In reference to earlier confusion about relocating the ATM lane to an area away from the drive-up lanes, Mr. Johnson explained that while the ATM is currently separated from their point-to-point system, they are planning to change the ATM to point-to-point; the drive up lanes would be the most logical for its location. Councilmember Hunter stated that the variance would not be permitted if this were new construction. He noted that the only hardship is financial and be would not support the application. Councilmember Wachter also indicated he was not particularly in favor of the variance but suggested it could be worked out between the two property owners. Mr. Johnson said the hardship is a function of preexisting conditions and the access and egress to the site. He said the Bank does not necessarily like the variance either but believe it is better to address it now rather than deferring it to when it becomes a major problem. Mayor Egan considered whether the pre-existing condition could be deemed a hardship factor or practical necessity. Councilmember Wachter stated that the parcel is too small and suggested using one of the drive up lanes for the ATM. Mr. Johnson said all seven lanes always have been intended and designed for drive up equipment. The by-pass lane is intended to facilitate traffic flow complicated by access issues. Director of Community Development Reichert said that as the City ages, proposals to retrofit buildings will be seen more and more by the City Council with the same request made in other situations. She noted that the site limitations were known when the bank was built. Councilmember Hunter cautioned that the City will probably have to be prepared to grant similar variances to every bank. Masin moved, Hunter seconded, a motion to deny a variance of 5' to the 5' drive aisle setback for Douglas Watschke for Lot 1, Block 1, Norwest 1st Addition as presented. Aye: 4 Nay. 1 (Awada) Mayor Egan suggested the entire general subject be revisited in a Council workshop session. OC73' Page 9/EAGAN CITY COUNCIL MINUTES October 5, 1993 FINAL PLAT/GARDENWOOD PONDS Mayor Egan introduced this item as a final plat for Gardenwood Ponds. Awada moved, Wachter seconded, a motion to continue consideration of the final plat for Gardenwood Ponds indefinitely. Aye: 5 Nay: 0 RECEIVE BIDS/AWARD CONTRACT (GARDENWOOD DRIVE & LEXINGTON MEADOWS Mayor Egan introduced this item as Contract 93-13, Receive Bids/Award Contract (Gardenwood Drive & Lexington Meadows - Utilities). Wachter moved, Awada seconded, a motion to receive the bids for Contract 93-13 (Gardenwood Drive & Lexington Meadows - utilities) but to continue award of the contract indefinitely. Aye: 5 Nay: 0 VARIANCE/JOHN YOUNG/BILLBOARD SIGN Mayor Egan introduced this item as a variance for John Young, to allow an additional 180 square feet of signage on an advertising sign located in the SW 1/4 of Section 19. City Administrator Hedges reminded the City Council of the process just completed with the review of the sign ordinance and its many issues. He said because the sign ordinance does not permit a variance, the alternative would be an actual ordinance amendment. Director of Community Development Reichert explained that after staff discovered there was no method for variance to the sign ordinance, Mr. Young had been advised, however, he wished to bring his request to the City Council anyway. Ms. Reichert referenced a letter of support from the Amoco station in Burnsville and one in opposition from the owner of the Meredith Cable property. Mayor Egan expressed his concern that this issue had already been exhausted and stated reservations about any further modification to an ordinance that had just been adopted. The City Council agreed. John Young, the applicant, said he was requesting an additional 5' in sign height because as the sign is configured now, it will not function. He indicated his sincerity in wanting to advertise Cedarvale on his billboard but said it had to be divided into three sections to make it affordable. Mr. Young advised that if the sign is rotated every two months, up to 18 Cedarvale businesses could be advertised. In closing, he said that if Cedarvale is going to regenerate, signage rules will have to be liberalized. Mayor Egan stated he was pleased with Mr. Young's efforts on behalf of Cedarvale; however, signage was not the only problem. Mr. Young advised that even though Cedarvale or other Eagan businesses were his preference, without the size increase, he would likely have to go outside the community for advertisers. Hunter moved, Masin seconded, a motion acknowledging that the John Young request for a variance to allow an additional 180 sq.ft. of signage on an advertising sign located in the SW 1/4 of Section 19 does not meet the current requirements of the billboard sign ordinance. Aye: 5 Nay: 0 WAIVER OF PLAT/DUPLEX LOT SPLIT OAKWOOD HEIGHTS 2ND ADDITION Mayor Egan introduced this item as a waiver of plat/duplex lot split for Steve Bartholet, for Lot 10, Block 1, Oakwood Heights 2nd Addition, located in the SW 1/4 of Section 25. Page 10/EAGAN CITY COUNCIL MINUTES October 5, 1993 Wachter moved, Awada seconded, a motion to approve a waiver of plat/duplex lot split for Lot 10, Block 1, Oakwood Heights 2nd Addition subject to the following conditions: 1. The lot survey shall be updated to include the existing location of sewer and water services. 2. Private easements shall be provided if necessary. 3. All applicable code requirements must be met. Aye: 5 Nay: 0 R-93.74 SPECIAL USE PERMIT/GREAT OAKS ADDITION Mayor Egan introduced this item as a special use permit for Patsy Schroeder, to allow temporary retail sales in a residential area, Lot 7, Block 2, Great Oaks Addition, in the NE 1/4 of Section 14. Director of Community Development Reichert explained the application and its location. Coundlmember Wachter indicated that the applicants were personal friends and he would abstain from voting on this issue. City Administrator Hedges said that a concern had been expressed regarding parking on Elrene Road; however, the Parade of Homes is a similar use and had not experienced problems. Hunter moved, Awada seconded, a motion to approve a special use permit for Patsy Schroeder to conduct the Holly House Boutique in a residential area subject to the following conditions: 1. This special use permit is temporary from November 3, through November 13, 1993. 2. The dates and hours of operation shall be as follows: November 3-6, 10:00 a.m.-8:00 p.m; November 7,12-00 p.m.-4:00 p.m; and November 11-13, 10:00 am.-8:00 p.m. 3. All applicable City Code requirements must be met. Aye: 4 Nay: 0 Abstain: 1 (Wachter) WAIVER OF PLAT/DUPLEX LOT SPLIT SECTION 10 Mayor Egan introduced this item as a waiver of plat for Gregory Rounds, in order to split Parcel 030-02 into two parcels located along the east side of Pilot Knob Road, north of Jurdy Road, in the NW 1/4 of Section 10. Director of Community Development Reichert explained that the application had been before the City Council before; however, had been denied by Dakota County. Ms. Reichert indicated a waiver would still require a driveway access permit from Dakota County, however, those rules are less stringent. She stated the Advisory Planning Commission had recommended the addition of Condition #7 relating to drainage from the parcel. Mr. Rounds indicated no difficulty with the additional condition. Awada moved, Wachter seconded, a motion to approve a waiver of plat in order to split Parcel 030-02 into two parcels located along the east side of Pilot Knob Road north of Jurdy Road in the NW 1/4 of Section 10, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993, shall be complied with: Al, B1, C1, C2, D1, El, F1, G1, and H1 00 Page 11/EAGAN CITY COUNCIL MINUTES October 5, 1993 2. The existing maple tree near the north property line of Lot 2 shall be saved. 3. The proposed house on Lot 2 shall connect its water service to the existing 16" water main in Pilot Knob Road. 4. The developer shall provide a private utility easement across the north lot for the proposed sanitary sewer service that will serve the south lot. 5. The developer shall obtain a driveway access permit from Dakota County to allow the south lot to connect its driveway to Pilot Knob Road prior to building permit issuance and City authorization of recording the waiver of plat. 6. The driveway for the proposed house construction on the southerly lot shall include a turn-around to alleviate the necessity for backing onto Pilot Knob Road. 7. The developer is required to provide that all drainage from the parcels is not greater than the pre- development drainage rate. Aye: 5 Nay: 0 R-93.75 DETERMINATION OF SIMILAR USE FOR GROUP HOME MEADOWVIEW ADDITION Mayor Egan introduced this item as a determination of similar use for a group home, Lot 5, Meadowview Addition, located along the south side of Meadow View Road in the NE 1/4 of Section 8. Director of Community Development Reichert explained the request received from Ferris Glover who is intending to establish a maternity shelter at this location for women with high risk pregnancies. She indicated it raises a number of land use issues because the existing house is already a non-conforming use. After noting a number of alternatives, she stated the first question should probably be whether a group home is appropriate on this site. Ms. Reichert referred to efforts by the State to place facilities, such as group homes, in more normal, residential settings. She also noted that any rules on protected class uses are intended to protect the residents of the group facility, not the adjoining neighbors. Mayor Egan questioned whether the location within a Light Industrial area was without precedent and noted a church in the City conducting services at a building in an industrial park and a second church in an area zoned commercial. City Administrator Hedges said the church, while a non-conforming use, is more a destination user; he mentioned the Robert B. Lewis house which is adjacent to a residential neighborhood. Mr. Hedges said he was not suggesting that the proposed location is good or bad but it is very remote. Director of Community Development Reichert asked what the future vision was for this area and any redevelopment considerations. Applicant Ferris Glover briefly described the intent of the group home and said it would house urban area women with high risk pregnancies. He said that because the stays for some of the women is very stressful and, in some instances, involves chemical abuse, the remote location would be very beneficial. In answer to a question from the City Council, Mr. Glover stated the term, "high risk" referred to the behavior not the pregnancy. Some of the women are under orders of protection and he stated that even though the location is away from routine police patrol, they do not want a high volume of traffic. Mr. Glover explained that they will also provide all transportation services for their clients for visits to the doctor, shopping trips, etc. In addition, a plus to this location would be the potential for eventual employment opportunities for the women. He said My Home, Inc., attempts to facilitate lifestyle and employment changes for the women to benefit their growth as individuals. 0C v Page 12/EAGAN CITY COUNCIL MINUTES October 5, 1M After discussing whether permission could be granted on a temporary basis, it was recommended that a land use analysis be conducted for the proposed location and surrounding properties and then returned to the City Council for further consideration at the October 19, 1993, regular City Council meeting. As to questions regarding the condition of the facility and whether it will have to be remodeled, Mr. Glover indicated they could move 10 or 12 women into the facility as it is. The real estate agent for the property was present and he was asked to furnish information regarding the house, i.e., utility hook ups, etc. No formal action was taken. NOW.. AtA+:iMINIM }}:i•:•:2:"J.•: %:ti•:itii•:iiiMEDIATION SESSIONS/DISPATCHER CONTRACT Mayor Egan introduced this item as mediation sessions/dispatcher contract. When the agenda was approved, this item was moved to the Consent Agenda, Personnel Item 4. REPLACE VEHICLE/POLICE DEPARTMENT Mayor Egan introduced this item as request to replace Chevrolet Celebrity/Police Department. Councilmember Wachter suggested looking into various options for fuel savings. Hunter moved, Wachter seconded, a motion to approve the low bid for a 1994 Plymouth Acclaim from Roseville Chrysler Plymouth at a bid price of $11,992 to replace the 1989 Celebrity, totaled in an accident. Aye: 5 Nay. 0 PROJECT 635 CLARIFICATION Director of Public Works Colbert discussed various options with the City Council for negotiating the Dodd Road watermain final assessments for Project 635. SPECIAL CITY COUNCIL MEETING DATES Awada moved, Egan seconded, a motion to set October 12 at 5:00 p.m. and October 19 at 5:00 p.m. as special City Council workshops. Aye: 5 Nay: 0 TAB VACANCY While the opportunity is unlikely at this time, Councilmember Masin indicated her interest in pursuing a future vacancy on the AMM's Transportation Advisory Board. APRNRC MISSION STATEMENT Councilmember Awada expressed her concern that the Advisory Parks, Recreation & Natural Resources Commission does not have a mission statement because after expanding the Commission to include additional members, she thought they would be involved in more issues. Coundlmember Hunter stated that a mission statement was indeed adopted while he was a member of the Commission several years ago, but he agreed that it should be revisited. City Administrator Hedges said it may just be communication that is lacking because the Commission is taking more time in reviewing development issues, looking at wetlands, etc. There was brief discussion regarding all advisory commissions developing their own mission statements. Page 13/EAGAN CITY COUNCIL MINUTES October 5, 1993 MISCELLANEOUS Councilmember Masin mentioned a program allowing high school seniors to take over City Hall for a day and wondered if there was any interest. With the agreement of the City Council, City Administrator Hedges will contact the City's three school districts to gauge interest in such a day. CHECKLIST Wachter moved, Egan seconded, a motion to approve the checklist dated September 30, 1993, in the amount of $2,223,299.07. Aye: 5 Nay. 0 ADJOURNMENT The regular meeting of the Eagan City Council was adjourned at 10:30 p.m. KF CITY OF EAGAN nOverbeke *Cityerk 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).