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11/17/1992 - City Council RegularMINUTES OF A REGULAR MEETING OF THE 0 EAGAN, CITY COUNCIL Eagan, Minnesota November 17, 1992 A regular meeting of the Eagan City Council was held on Tuesday, November 17, 1992 at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, McCrea, and Pawlenty. Also present were City Administrator Tom Hedges, Acting Community Development Director Jon Hohenstein, Director of Public Works Tom Colbert, and City Attorney James Sheldon. City Administrator Hedges suggested the following additions to the regular agenda: ADD: Extension Weston Hills Final Plat Consent Agenda Pawlenty moved, Wachter seconded, a motion to approve the agenda for the November 17,1992, regular City Council meeting as amended. Aye: 5 Nay: 0 Mayor Egan made the following correction to the minutes of the November 5,1992, regular City Council meeting: Page 4, Paragraph 3, Sentence 1, the reference to "September" should have been "June." McCrea moved, Wachter seconded, a motion to approve the minutes of the November 5, 1992, regular City Council meeting as amended. Aye: 5 Nay: 0 Larry Wenzel, Chair of the Eagan Economic Development Commission was recognized for his contribution to that commission as a charter member and its only Chair from 1983 to 1992. POLICE DEPARTMENT /HUNTING LICENSE Mayor Egan introduced this item as a request for a hunting permit for C. Kevin Reeve, 4251 Nybro Lane, Eagan. After brief discussion, McCrea moved, Awada seconded, a motion to approve a special hunting permit for the bow hunting of deer on property located at I -35E and Diffley Road. Aye: 4 Nay: 0 Abstain: 1 (Wachter) PARKS & RECREATION DEPARTMENT/YMCA TRAILWAY Mayor Egan introduced this item as consideration of YMCA cash trailway dedication fees. In addition, it was recommended that a related issue, YMCA building permit fees, be discussed at this time. City Administrator Hedges provided background on the issue. Harry Gallaher, representing the YMCA, explained that Jay Shannon's letter (of the YMCA) spelled out their position on both issues. A copy of both letters are included as Exhibit A. City Administrator Hedges advised the Council that if consideration is given to defer any fees, staff recgmmends no further reductions in OC 6 Page 2 /EAGAN CITY COUNCIL MINUTES November 17, 1992 the fee amounts. In addition, he asked that the applicant be made aware that a delay in payment of the fees to 1993 would result in fees paid at the 1993 rate. Mr. Gallaher said the applicant was aware and willing to pay the higher fees if necessary. Discussion then continued regarding reducing or eliminating the fees and the precedent that might set. It was noted that the City has not waived development fees for other "public use" facilities such as churches and schools and Councilmember Wachter added that it would be difficult to deviate from City policy when others would ask for the same consideration. He wondered who then would pay for the trailways. Councilmember McCrea suggested that if the fees are lowered, perhaps the "Y" would provide a payback in the form of use of the facilities. Jay Shannon said the YMCA was very receptive to compromise and would be happy to work with the City in fostering joint programs and City use of the facilities. Mayor Egan asked Mr. Shannon if the YMCA would have any objection to deferring the matter until after trying to reach a compromise. Mr. Shannon said they would not. Councilmember Pawlenty suggested direction to staff that the City reach a reasonable understanding with the YMCA that the City receive at least an equal value in access to the facility or use over a period of time. Wachter moved, Pawlenty seconded, a motion to continue to the December 1, 1992, regular City Council meeting, consideration of the cash trailway dedication fees for the YMCA 1st Addition, Lot 1, Block 1. Aye: 5 Nay: 0 Awada moved, Wachter seconded, a motion to defer payment of the MWCC Sewer Availability charge, Eagan Sewer Availability Charge, Eagan Water Treatment fee, Eagan Road unit fee, and the Eagan Trail Dedication fee to the time of building permit issuance with the understanding that if the building permit is not issued until 1993, the 1993 fee rate will apply. Aye: 5 Nay: 0 CAPONI ART PARK The City Council asked a number of questions regarding the status of the agreement with Anthony Caponi regarding the tunnel permitting access to the Caponi property and the art park. Councilmember Pawlenty asked the City Attorney whether the issue of expending public money for a private use (either all or part of the subject tunnel) had been addressed. City Attorney Sheldon said the City has had licening agreements where such action has been permitted but complete control was always retained by the City. Mr. Sheldon advised that he had understood that once all signatures were received and Mr. Caponi agreed to make the payment, that the issue would be researched. He said he believes there is a way to do it but they have not looked into the mechanics. Councilmember Pawlenty said he would prefer not to go through the negotiations and raise Mr. Caponi's expectations only to find it is not feasible. Further discussion revealed that Mr. Capon will not fence half the tunnel for security of the property until the land is placed in a not - for -profit corporation, controlled by a board of directors and used strictly as an art park for public viewing. Councilmember Pawlenty questioned whether Mr. Capon's placing the property in the hands of a 501 -3C would qualify as a public use. Councilmember Awada wished it noted that Mr. Capon is paying for half a public tunnel with private funds. Councilmember Wachter suggested the City proceed with caution regarding the fencing of the tunnel as it would be built with public funds. ..................... ............................... .................... ............................... ..................... ............................... City Administrator Hedges acknowledged the addition of Consent Item G, Extension, Final Plat for Weston Hills; and Item H, Licenses, Service Station & Cigarette, SuperAmerica Station, 5250 Cliff Road. Page 3 /EAGAN CITY COUNCIL MINUTES November 17, 1992 A. Personnel Items Item 1. Acting Community Development Director - -It was recommended that Jon Hohenstein be temporarily appointed Acting Community Development Director. B. Licenses. Service Station & Cigarette. Sinclair Station. 3946 Nicols Road It was recommended that the service station license and the cigarette license for over- the - counter sales for the Sinclair Station located at 3946 Nicols Road be approved. C. Licenses. Liquor Renewals 1993 It was recommended that the applications for 1993 Liquor License renewals be approved as listed (Exhibit B). D. Approval of Banking Services Proposal It was recommended that the bank services proposal be approved with First Bank Eagan. E. Final Plat. WhisRering Woods Seventh Addition It was recommended that the final plat for Whispering Woods Seventh Addition be approved. R- 92.103 F. Project 641, Receive Petition /Authorize Feasibility Report. Plans & Specifications (Wenzel Addition - Streets & Utilities) It was recommended that the petition be received and the preparation of the feasibility report, plans and specifications for Project 641, Wenzel Addition (Streets & Utilities) be approved. G. Extension, Final Plat for Weston Hills It was recommended that an extension to January 21, 1993, be approved for the Weston Hills final plat. H. Licenses. Service Station & Cigarette. SuperAmerica Station. 5250 Cliff Road It was recommended that the service station license and the cigarette license for over - the - counter sales for the SuperAmerica Station located at 5250 Cliff Road be approved. Nay: 0 Pawlenty moved, Wachter seconded, a motion to approve the Consent Agenda as amended. Aye: 5 FINAL ASSESSMENT HEARING /DELINQUENT WEED NOTICES Mayor Egan introduced this item as the final assessment hearing for Delinquent Weed notices. There was no one in the audience who wished to address this item. McCrea moved, Awada seconded, a motion to close the public hearing and approve the final assessment roll for delinquent weed notices and authorized its certification to the County for collection. Aye: 5 Nay. 0 Q \.u'l1 Page 4 /EAGAN CITY COUNCIL MINUTES November 17, 1992 VACATION /LOTS 9 & 10, BLOCK 1, CHATTERTON PONDS ADDITION Mayor Egan introduced this item as vacation of the drainage and utility easements for Lots 9 and 10, Block 1, Chatterton Ponds Addition. No objections had been received nor was there any one in the audience who wished to address this item. Pawlenty moved, Wachter seconded, a motion to close the public hearing and approve the vacation of the common lot line drainage and utility easement centered over Lots 9 and 10, Block 1, Chatterton Ponds Addition. Aye: 5 Nay: 0 VACATION /OUTLOTS A, TOWN CENTRE 70. 10TH & 12TH ADDITIONS Mayor Egan introduced this item as vacation of drainage and utility easements for Outlots A, Town Centre 70 - 10th & 12th Additions. There was no one in the audience to address this item. Wachter moved, McCrea seconded, a motion to vacate drainage and utility easements for Outlots A, Town Centre 70 - 10th & 12th Additions. Aye: 5 Nay: 0 VACATION /EAST 20' OF PATRICK ROAD Mayor Egan introduced this item as vacation of public road right -of -way, east 20' of Patrick Road (NW 1/4 of Section 26). There was no one in the audience to address this item. McCrea moved, Awada seconded, a motion to close the public hearing and approve the vacation of the east 20' of Patrick Road NW 1/4 of Section 26. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING LAKESIDE ESTATES & CEDAR GROVE 7TH ADDITION - STREETLIGHTS Mayor Egan introduced this item as Project 634, Final Assessment Hearing (Lakeside Estates & Cedar Grove 7th Addition - Streetlights). Director of Public Works Colbert explained the project and its final costs. He said two formal objections to the assessments had been received. Gerald Langland, 1777 Taconite Trail, objected to the method of handling senior citizen deferments. He stated that if he deferred the assessment, at some point it would have to be paid, in addition to all the accrued interest. He said if he couldn't pay the assessment now, he couldn't pay it five years from now. Joan Perkins of 4048 Halite Lane asked that the project be explained as she had just purchased the property. Pending assessments were explained to Ms. Perkins and it was suggested she contact her real estate agent regarding the possibility of escrowed funds. McCrea moved, Wachter seconded, a motion to close the public hearing and approve the final assessment roll for Project 634 (Lakeside Estates & Cedar Grove 7th Addition - Streetlights), noting the formal objections, and authorize its certification to Dakota County. Aye: 5 Nay: 0 PROJECT 600 /FINAL ASSESSMENT HEARING TH 149 & OPPERMAN DRIVE Mayor Egan introduced this item as Project 600, Final Assessment Hearing (T.H. 149 & Opperman Drive). Director of Public Works Colbert explained the project and those expected to be assessed for its cost. Mr. Colbert said one formal objection had been received. No one was in the audience to address the item. 0 Page 5 /EAGAN CITY COUNCIL MINUTES November 17, 1992 Awada moved, Pawlenty seconded, a motion to close the public hearing and approve the final assessment roll, with the exception of the Abbott -KSTP property, for Project 600 (T.H. 149 and Opperman Drive - Intersection Improvements) and authorize its certification to Dakota County. Aye: 5 Nay: 0 PROJECT 601R /LONE OAK ROAD RECONSTRUCTION I -35E TO TH 149/55 Mayor Egan introduced this item as Project 6018, Lone Oak Road Reconstruction (I -35E to T.H. 149/55). Director of Public Works Colbert provided a brief history of the project and introduced the representatives from the Dakota County Highway Department, Pete Sorenson and Dave Everds. Mark Hanson from Bonestroo, Rosenc, Anderlik and Associates was also in attendance to explain the utility portion of the project. Pete Sorenson gave an overview of Project 601R. He said the County intends to begin in May with construction to continue most of the year. He is confident the intersection of Lone Oak and Lexington Roads will remain open through out the entire construction. Mr. Sorenson said the road should be finished in November with final completion in the spring of 1994. Mark Hanson explained the utility portion of the project and their related costs. He said the City expects its share to be approximately $2,147,000 for streets, watermain and sewer services with $1,260,000 to come from assessments and $887,000 to come from City funds. The City Council then discussed the change in the railroad crossing and questioned why the crossing was designed at grade. Mr. Everds said that because the present railroad crossing has minimum height and width clearances, it would have to be rebuilt, adding substantial costs to the project. A number of safety concerns were expressed; however, it was pointed out that the crossing would have a crossing arm, bells and lights, which seem to be effective. The public hearing was then opened to the public. Gerald Hartke, an attorney, was present representing the homeowers of 821, 825, 835 and 855 Lone Oak Road. These residential properties are a non- conforming use in a commercial zone and Mr. Hartke objected to the assessment which he said was almost two and one -half times the residential rate. Mr. Hartke noted that these are modest properties of little commercial value individually. He asserted that the value of these homes would not sustain the amount of the assessments and suggested the City purchase the properties and assemble them for sale as a commercial property. Don Orin, Dart Transit, had several concerns including the shift of the road to the south. He said such an alignment would result in the loss of property and would bring traffic closer to the building and two single family homes on the Dart property. In discussion of the railroad crossing, Mr. Orion suggested the railroad bridge be retained because the existing bridge serves any legal tractor /trailer now. Mr. Orin's major concern, however, was the loss of one of two driveways serving Dart Transit. He said he had serious safety concerns with only one driveway access which would mix truck and automobile traffic. He maintained that there should be individual access to what is basically two parcels. The City Council reminded Mr. Orin that when Dart Transit developed, the single family homes on the property were allowed to remain with the understanding that they would be removed with the upgrade of Lone Oak Road. In addition, Director of Public Works Colbert said that having two driveways so close to the Lone Oak /Lexington intersection would present a safety hazard. Max Steininger, 3070 Lexington South, took issue with the suggestion that project feasibility be discussed at this meeting with financial feasibility discussed later at the final assessment hearing. He said it should be determined how the upgrade will be paid for before initiating the project. In addition, Mr. Steininger suggested the City look at its policy for paying the costs of upgrading feeder streets because improvement of these road are a City problem not an individual homeowner problem. He questioned any increased value to his property with this project and went on to recommend that the City put a mechanism in place to determine the value before and after improvements. In response to Mr. Steininger, Councilmember Pawlenty said the City has / r- Page 6 /EAGAN CITY COUNCIL MINUTES November 17, 1992 considered a spot appraisal on street projects before but a pre - appraisal of all properties would not be cost effective. Harlan Bluhm, 2995 Lexington Avenue, objected to the median and its restriction of access in and out of their property. Mr. Bluhm also indicated that a center turn lane would be sufficient. Jim Luzum of Villaume Industries asked several questions regarding access during construction and the realignment of Lone Oak Circle. Pete Sorenson explained that because this is a County/State -aid highway, it must be designed to State standards and that includes a median. Mr. Sorenson added that divided highways have proven to be the safest highways and provide for the smoothest traffic flow. Mary Rahn, 3050 Lexington Avenue, expressed his concerns about the right -of -way line impacting his garage. Mark Hanson explained that the project was reduced to lessen the impact on his property and that action will be more visible when final staking occurs. James Roberts appeared representing Crate Prospects. He stated that based on growth, the road is not necessary and cited land that has not developed, buildings that have not sold and corporations that are laying off employees. He questioned whether the City can afford the project. Mr. Roberts further stated the need for access to his property if his business is to succeed. He asked whether the County would either minimize the length of the median or provide access cuts in the median. He also discussed the need to lower the cost of the project or cancel the proposal in its entirety. A number of Councilmembers expressed their concerns that the median would harm business for owners in that area and asked County representatives why the median couldn't be painted on the blacktop. Pete Sorenson said that it could be done and is done when the traffic volume is such that it is safe. Unfortunately, he added that it is difficult to forewarn of changes in road alignment when inclement weather can obscure a "painted" median. Mark Anderson of Opus and representing Northwestern Mutual Life, spoke for the owners of 24 parcels when he pointed out that current market conditions would not allow them to recoup the costs of these assessments. He noted it was questionable that commercial /industrial properties received additional value from improved roads because increased traffic does not increase industrial business. He suggested alternate means of financing: State -aid money, assessment of neighboring properties utilizing the road, tax increment financing, or money collected from road unit charges. Mr. Anderson went on to say that the present road suits the needs of the properties he represents and the proposed median would block the main entrances to some of their tenants. He, too, suggested that a road layout similar to Pilot Knob Road be installed with a center lane for turns. Mr. Anderson asked several questions regarding water quality charges and Mayor Egan suggested that such policy questions be addressed with staff prior to the final assessment hearing. Tom Barrett of the Minnesota State Lottery indicated they have been working with one of their subcontractors to locate next to the Lottery office's present location. He said the median affects the convenience of that location and could interfere with any plans they have for expansion. At that time, the Mayor returned discussion to the City Council. Councilmember McCrea noted serious concerns about the project and the financial hardship to neighboring businesses. She said it was her recommendation to upgrade the intersection and traffic signals but to delay the remainder of the project one to two years. Councilmember Wachter said the upgrade was needed, including the street improvements, intersection and signal lights but he remained opposed to the median. When Councilmember Pawlenty also expressed his concerns, Director of Public Works Colbert said improvements for this area had been reviewed Q - ,R . --'% i.. : �Lhj Page 7 /EAGAN CITY COUNCIL MINUTES November 17, 1992 by the Council on two occasions and if 601R were not approved, staff would need further direction as to what improvements should be addressed. Councilmember Pawlenty said some type of improvement was needed but had questions about Dart Transit's driveway accesses, the median and why the road was being shifted to the south. Mr. Everds said that traffic on Lone Oak Road has increased substantially in the past two years. He said the volumes of traffic being discussed call for the installation of a median; however, he suggested returning to the County Board regarding changes in the median north of Lone Oak Road on Lexington. Mr. Everds said the County may be willing to shorten the northern median as long as it is understood that this is an interim solution and may require change in the future. As to the two driveway accesses for Dart Transit, Director of Public Works Colbert advised that Dart would still have two driveways but they would enter onto a frontage road which in turn would access Lone Oak Road. Mr. Colbert pointed out that Dart could also utilize their access onto Highway 55. Dave Everds then explained that Lone Oak Road was shifted to the south because using the old alignment would mean the acquisition of 2000 additional feet of right of way to meet standards. Because the Council continued to have a number of concerns, Councilmember McCrea moved, Wachter seconded, a motion to continue consideration of Lexington /Lone Oak intersection improvements to the January 19, 1993, regular City Council meeting with the remainder of the Project continued for two years. Director of Public Works Colbert suggested that if the Council wished to institute only the intersection improvements, that they consider cancelling Project 601R and bring the original Project 601 back for consideration at the January 19 meeting. After additional discussion, he asked that the Council consider approving just the intersection portion of the project with approval of the plans and specifications delayed until all problems are addressed. Councilmember McCrea then withdrew her original motion and moved, with Wachter seconding, a motion to bring the intersection portion of the project back in 60 days with changes in the north median and a possible curb cut for Mary Rahn. Aye: 2 Nay: 3 (Egan, Pawlenty & Awada) Motion failed. Mayor Egan suggested a motion approving, in concept, Project 601R Lone Oak /Lexington intersection improvements as originally presented in Project 601 but not approving plans and specifications until design modifications are taken into consideration regarding the northern median. There was no second. McCrea moved, Wachter seconded, a motion to continue to the January 19, 1993, regular City Council meeting the intersection portion of Project 601R. Aye: 5 Nay: 0 Because she did not feel well, Councilmember McCrea left the meeting at approximately 10:25 p.m. ........... ............................... ........... ............................... .......... ............................... ........... ............................... PROJECT 622 /FINAL ASSESSMENT HEARING CEDAR INDUSTRIAL PARK Mayor Egan introduced this item as Project 622, Final Assessment Hearing (Cedar Industrial Park - Street Renovation - Continued from November 5). Director of Public Works Colbert reviewed Mr. Parranto's complaint that JPK Park Incorporated had not received appropriate meeting notices and explained the City's notification process. He said the address on file with the City is the correct one for JPK and their notices had not been returned by the Post Office as undeliverable. Because of the length of the meeting, Mr. Parranto was no longer present; however, Acting Community Development Director Hohenstein reported that Mr. Parranto had read Director of Public Works Colbert's memo regarding additional issues of concern and was satisfied that the positions were fairly stated. 0L -�_1 Page 8 /EAGAN CITY COUNCIL MINUTES November 17, 1992 Pawlenty moved, Wachter seconded, a motion to close the public hearing and approve the final assessment roll for Project 622 (Cedar Industrial Park - Street Renovation) and authorize its certification to Dakota County. Aye: 4 Nay: 0 REZONING /PLANNED DEVELOPMENT AMENDMENT PRELIMINARY PLAT/WEST PUBLISHING 6TH ADDITION Mayor Egan introduced this item as a rezoning for West Publishing 6th Addition/West Publishing Company, of approximately 2.2 LI (Light Industrial) acres to a PD (Planned Development) District, a planned development amendment, incorporating the area into the West Publishing Planned Development, and a preliminary plat consisting of one lot on approximately 4.7 acres, located on the north side of Wescott Road in the SE 1/4 of Section 13. After brief discussion, Steve Bryant, representing West Publishing, said that only the excavating is being done at this time and West has no plans for additional construction. He added, however, that when any construction does begin, it will be the same warehouse -type construction as exists at West Publishing now. Wachter moved, Awada seconded, a motion to approve a rezoning for West Publishing 6th Addition/West Publishing Company of approximately 2.2 LI (Light Industrial) acres to a PD (Planned Development) District. Aye: 4 Nay: 0 Awada moved, Wachter seconded, a motion to approve a planned development amendment, incorporating the area into the West Publishing planned development district. Aye: 4 Nay: 0 Awada moved, Wachter seconded, a motion to approve a preliminary plat consisting of one lot on approximately 4.7 acres located on the north side of Wescott Road in the SE 1/4 of Section 13 and subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990, shall be complied with: Al, Bl, B3, Cl, C2, C4, D1, El, Fl, Gl, and Hl 2. The final plat shall include a 10 foot drainage and utility easement along the Wescott Road right -of- way. 3. The final plat shall include a 50 foot half right -of -way for Wescott Road. 4. This development shall remove the existing driveways along Wescott Road along the south property line of this plat. 5. The development will be responsible for abandoning the existing wells and septic systems on this site in accordance with City and County requirements. Aye: 4 Nay: 0 MAC NOISE BUDGET RECOMMENDATION Mayor Egan introduced this item as a recommendation, Airport Relations Committee, MAC Noise Budget. City Administrator Hedges said that the Airport Relations Committee recommended the Eagan City 0�'- ' -JoL2 Page 9 /EAGAN CITY COUNCIL MINUTES November 17, 1992 Council adopt a position which supports negotiation of new comprehensive voluntary noise agreements with all passenger airlines serving MSP. Pawlenty moved, Awada seconded, a motion to approve a recommendation by the Airport Relations Committee to endorse to the Metropolitan Airports Commission the position that new comprehensive voluntary noise reduction agreements be negotiated with all passenger airlines serving Minneapolis /St. Paul. Aye: 4 Nay: 0 ANNEXATION OF LAND /EAGAN & INVER GROVE HEIGHTS Mayor Egan introduced this item as resolution for the concurrent detachment and annexation of incorporated land, cities of Eagan and Inver Grove Heights in an area located west of Highway 3. Pawlenty moved, Wachter seconded, a motion to approve the concurrent detachment and annexation of incorporated land as proposed between the cities of Eagan and Inver Grove Heights for land located between the border of the two cities and curves of Highway 3 just immediately north and south of Diffley Road. Aye: 4 Nay: 0 R- 92.104 R- 92.105 SIDEYARD POOL SETBACK /CHATTERTON PONDS Mayor Egan introduced this item as a variance for Gene Studt, of 5' to the required 5' sideyard pool setback on Lot 10, Block 1, Chatterton Ponds, located in the SW 1/4 of Section 22. Acting Community Development Director Hohenstein said that staff had recommended that the variance be conditioned upon an agreement by Mr. Studt that no action will be brought against the City in the future regarding the location of the pool. Mr. Studt, who was present, agreed. Awada moved, Wachter seconded, a motion to approve a variance for Gene Studt of 5 feet to the required 5 foot sideyard pool setback on Lot 10, Block 1, Chatterton Ponds as presented, contingent upon the vacation of drainage and utility easements on Lot 10, Block 1, and Lot 9, Block 1, of Chatterton Ponds and contingent upon an agreement by Mr. Studt that no future action will be brought against the City due to the location of the pool and subject to the following conditions: 1. All affected easements shall be vacated to City requirements. 2. The variance shall be subject to all applicable City Codes. Aye: 4 Nay: 0 VARIANCE /BUILDING SIGNAGE /EDINA REALTY Mayor Egan introduced this item as a variance for Edina Realty to allow building signage on a non- street side. Acting Community Development Director Hohenstein explained the application. He said the variance was the result not so much of hardship but of practicality. Greg Mason, corporate counsel for Edina Realty, explained during the development process, they believed they would be permitted signage on all four sides of the building. Mr. Mason indicated, however, that they would be willing to forego signage on the north and south building elevations if they are permitted signage on the east and west building elevations. 0: �3 Page 10 /EAGAN CITY COUNCIL MINUTES November 17, 1992 Wachter moved, Awada seconded, a motion to approve a variance based on practical necessity for Edina Realty to allow building signage on a non -street side of the Edina Realty Metropolitan Federal Bank Building located at 1250 Yankee Doodle Road and subject to the following condition: 1. The signage shall be subject to all applicable Sign Code requirements and a one -time sign fee of $2.50 /sq.ft. Councilmember Pawlenty asked if this signage was in addition to or in lieu of a pylon sign. Mr. Hohenstein noted it was in addition to. Aye: 4 Nay: 0 VARIANCE /SETBACK /EVERLASTING HOMES Mayor Egan introduced this item as a variance for Everlasting Homes, of 10' to the required 50' setback on Johnny Cake Ridge Road, located on Lot 17, Block 1, Mallard Park 2nd Addition. Acting Community Development Director Hohenstein explained the variance application and reported that the applicant believed when he purchased the property that the setbacks were the same from both streets. The hardship for the applicant would be to now redesign the home. Mayor Egan asked the applicant if he had spoken to the other property owners in the neighborhood and he indicated he had not. It was noted that other variances have been granted for other properties in the neighborhood for the same reason. Councilmember Awada also pointed out that with the variance a larger home would be permitted. Awada moved, Egan seconded, a motion to approve a variance for Everlasting Homes of 10' to the required 50' setback for property on Johnny Cake Ridge Road located on Lot 17, Block 1, Mallard Park 2nd Addition, and subject to the following conditions: 1. No other setback variances shall be granted. 2. All applicable City Codes. Aye: 4 Nay: 0 SPECIAL USE PERMIT /MARV ANDERSON HOMES/TEMPORARY SIGN Mayor Egan introduced this item as a special use permit for Mary Anderson Homes, Inc., located at the north end of Meghan Lane in the NE 1/4 of Section 30. Acting Community Development Director Hohenstein explained the application. Kim Bardwell was present representing Mary Anderson Homes and indicated they had agreed to all conditions. Pawlenty moved, Awada seconded, a motion to approve a special use permit for Mary Anderson Homes, Inc., for a temporary free - standing ground sign over 7' in height at the north end of Meghans Addition just south of Diffley Road and subject to the following conditions: 1. All applicable Sign Code requirements and a one -time sign fee of $2.50 /sq.ft. 2. The sign shall be located at least 10' from all property lines. 3. The sign is temporary and shall be removed one year from date of approval. Page ll/EAGAN CITY COUNCIL MINUTES November 17, 1992 Ms. Bardwell asked that the application be for two years and Council suggested that if the sign is still needed after one year that they apply for a renewal. Aye: 4 Nay: 0 PRELIMINARY PLAT /CONDITIONAL USE PERMIT TOWN CENTRE 70 - 13TH ADDITION Mayor Egan introduced this item as a preliminary plat for Town Centre 70 -13th Addition/McDonald's Corporation, consisting of one approximately .84 acre lot and an outlot, and a conditional use permit, to allow a Class II restaurant in a Community Shopping Center District located along the west side of Town Centre Drive in the NW 1/4 of Section 15. City Administrator Hedges said that the item had been before the Advisory Planning Commission at their October 27 meeting and they had recommended approval. Acting Director of Community Development Hohenstein reviewed the application and cited the APC's concerns regarding traffic circulation, the drive through, parking, and access. Fred Reynolds, Project Manager for McDonald's, described the new concept of face- to-face ordering wherein the customer will order at Point 1, pay at Point 2 and pick up the order at Point 3. He indicated this system was being instituted to improve customer service and reduce errors. In answer to questions, Mr. Reynolds reported that 54 - 58% of McDonald's business is drive- through. In addition, he said 73 drive- through customers can be served per hour using a single window but 114 - 130 can be served using a two or three point pick up. He assured the Council that drive- through traffic would move quickly in and out of McDonald's thus reducing traffic congestion. Discussion then ensued regarding traffic circulation and the layout of the parking lot and property. It was suggested that Federal Land seek a waiver of plat to allow a squaring of the property helping to alleviate congestion concerns at the entrance and exit portion of the property. Martin Colon of Federal Land said they preferred not to do that pointing to the shape of the parcel and landscaping plans which he said would add visual interest to the property. The architect representing McDonald's reviewed revised site plans which widened the entrance and exit areas. Questions were also asked in regard to moving the handicapped stalls; however, discussion revealed them to be in the most appropriate location. Mr. Reynolds said that McDonald's designs many such restaurants each year and traffic circulation, parking needs and safety are all given the utmost attention. Wachter moved, Pawlenty seconded, a motion to approve a preliminary plat for McDonald's Corporation consisting of one approximately .84 acre lot and an outlot, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990, shall be complied with: Al. B1, B2, Cl, C2, C4, C5, Dl, El, Fl, Gl, and Hl 2. The site shall be irrigated. 3. All rooftop mechanical equipment shall be screened from view at each property line. 4. The trash /recycling containers shall be located within the building or in an enclosure large enough to accommodate recycling bins made of the identical building material. 5. All signage shall be subject to sign code requirements and a one -time fee of $2.50 per square foot. 0 -.Y. Page 12 /EAGAN CITY COUNCIL MINUTES November 17, 1992 6. The landscape plan shall be submitted on the approved grading plan. 7. Continuous berming is required along I -35E. 8. Additional overstory trees and shrub planting materials shall be provided along the north and south property lines and shall be approved by the City Planner. The landscaping will continue north 5 feet onto Outlot A. 9. Brick building materials shall be required on all sides of the building and shall remain unpainted and left in a natural state. 10. A minimum drive aisle width of 24' shall be maintained. 11. The developer shall add a storm sewer stub to serve the future development to the north of Outlot A of Town Centre 70 - 13th Addition. 12. The development shall design the parking lot to drain to the concrete curb and gutter and then to the proposed storm sewer to avoid bituminous swales in the parking lot. 13. This development will be responsible for constructing a concrete apron and valley gutter at the driveway openings to Town Centre Drive. Aye: 3 Nay: 1 (Awada) Wachter moved, Pawlenty seconded, a motion to approve a conditional use permit to allow a Class H restaurant in a Community Shopping Center district located along the west side of Town Centre Drive in the NW1 /4 of Section 15. Aye: 4 Nay: 0 ORDINANCE AMENDMENT /CHAPTERS 11 & 13 Mayor Egan introduced this item as an amendment of ordinance, Chapter 11, Zoning, Sections 10.16, Shade Trees and Landscaping; 10.17, Landscape Plan Required; 10.18, Irrigation System; 10.19, General Screening and Buffers; 10.20, Buffers; 10.21, Unlawful Cutting of Trees and Shrubs; 10.22 Protection of Large Trees; 10.23, Street Trees; 10.24, Prohibited Tree Species; 10.25, Prohibited Use of Trees; and Chapter 13, Subdivision Regulations (Platting), Section 13.30, Data and Design Standards. It was noted that staff had recommended this item be continued indefinitely. Pawlenty moved, Wachter seconded, a motion to continue consideration of this ordinance amendment indefinitely. Aye: 4 Nay: 0 RESOLUTION /AYD MILL ROAD City Administrator Hedges introduced a resolution regarding reopening of the Ayd Mill Road during the period the Mendota Bridge will be closed. He said the City of Mendota Heights had requested that the City adopt such a resolution and the resolution was presented to the City Council for their consideration. Egan moved, Pawlenty seconded, a motion to approve a resolution concerning the closing of the Mendota Bridge and the reopening of the Ayd Mill Road. Aye: 3 Nay: 0 Abstain: 1 (Wachter) R- 92.106 Page 13 /EAGAN CITY COUNCIL MINUTES November 17, 1992 .........:.. NORTHEAST EGAN TIF DISTRICT Mayor Egan introduced this item as direction regarding use of tax increment financing proceeds from the Northeast Eagan TIF District. City Administrator Hedges indicated the City is approaching the time deadline by which proceeds from the Northeast Eagan TIF must be spent. He said improvements must be made to Highway 149 and staff is recommending that some of the TIF proceeds be used for that improvement. Councilmember Awada asked what else the proceeds could be used for and City Administrator Hedges remarked that expenditures must have a public purpose within the district and were originally intended for transportation improvements. Mayor Egan said that the City should maintain the integrity of that principle. Awada moved, Pawlenty seconded, a motion to authorize a staff response regarding the use of the tax increment financing proceeds from the Northeast Eagan TIF District with the understanding that specific details of the transportation improvement and the TIF amendment will be forwarded to the Council in the near future. Aye: 4 Nay: 0 ALLOCATION ADJUSTMENT /STORM WATER UTILITY FUND Mayor Egan introduced this item as an allocation adjustment for the storm water utility fund. After brief discussion, Wachter moved, Awada seconded, a motion to approve the storm water utility fund allocation adjustments as recommended. Aye: 4 Nay: 0 SIGN REQUEST /DICK HERZOG Mr. Dick Herzog approached the Council toward the close of the meeting saying on October 20 he had applied for a variance to the sign ordinance regarding signage at the Rahncliff Center. He was then told by staff that he would not need a variance and told his customer that it would not be necessary. Mr. Herzog was displeased that he now would need to go before the Advisory Planning Commission and the City Council with the liklihood that he would not receive permission for his signage until January. City Administrator Hedges said that because the applicant was changing the location of the building signage, a change would be required in the PD agreement. Because of the confusion, however, City Administrator Hedges said it may be in order to review the application at the November 24 special City Council meeting. Acting Director of Community Development Director Hohenstein said that if Mr. Herzog would be willing to move the sign height into conformity with the other signage on the building, the matter could be handled administratively. Mr. Herzog said he had asked staff why he must install signage at a specific height and they had not been able to provide that information. Councilmember Pawlenty advised that he had been on the Advisory Planning Commission at the time that Rahncliff came through and he remembered that the signage was to be uniform. Wachter moved, Awada seconded, a motion to defer consideration of the Rahncliff signage issue to the November 24, 1992, special City Council meeting with the understanding that if it does not require City Council action, it will be handled by staff administratively. Aye: 4 Nay: 0 0:. Page 14 /EAGAN CITY COUNCIL MINUTES November 17, 1992 D -II STUDY Awada moved, Egan seconded, a motion directing staff to prepare a study /mapping of all D -H property in the City of Eagan. Aye: 4 Nay: 0 CHECKLIST Wachter moved, Awada seconded, a motion to approve the checklist dated November 17, 1992, in the amount of $678,151.87. Aye: 4 Nay: 0 EXECUTIVE SESSION /ADJOURNMENT The City Council adjourned the regular meeting to an executive session to consider collective bargaining issues at 12:15 a.m. Those in attendance were Mayor Egan, Councilmembers Awada, Pawlenty and Wachter, City Administrator Hedges, and City Attorney Sheldon. The executive session was adjourned at approximately 12:45 p.m. KF CITY OF EAGAN *ie verbeke If you need Huse minutes in an alternative form such as lapr prim, braille, audio tape, etG, please cmdad the Arty cf Eagan, 3810 Pilot Knob Road Eagmy MN 55122, (612) 681 -4600, (TDD phone: (612) 454-8535). General Office 194 6th St. East St. Paul, MN 55101.1999 612 - 2924100 FAX 612 - 2924148 Gordon E Lindquist Cbairman/CVO John L Traver Pn sidem/CEO RtIRDNG 1' U1 VRE L November 10, 1992 Mr. Dale Runkle Director of Community Development City of Ragan 3830 Pilot Knob Road Ragan, Minnesota SS122 -1897 RE: Southwest YMCA Opperman Drive and Delaware Trail Sagan, Minnesota Dear Mr. Runkle: The YMCA has applied for a permit to construct the footing and foundations for our new Southwest YMCA facility located at Opperman Drive and Delaware Trail in Sagan. it is the intent of the YMCA to start and complete this work yet this fall. The documents for the full building permit will be submitted In 1993. It is our understanding that Sagan has revised its policy over the past several years to require payment of the Metropolitan Waste Water Commission Sewer Availability charge, Ragan Sewer Availability charge, Sagan Water Treatment fee, Ragan Road Unit fee, and Sagan Trail Dedication fee at the time a Footing and Foundation Permit is issued rather than at the time the full building permit is issued. The cost of these fees on this project is considerable. They approach the value of the footing and foundation work itself. It would be a considerable benefit to the YMCA to pay for these fees at the time the full building permit is issued and not at the time the footing and foundation permit is issued. We, therefore, request that the payment of the Metropolitan Waste Water Commission Sewer Availability charge, Sagan Sewer Availability charge, Ragan Water Treatment fee, Sagan Road unit fee, and Sagan Trail Dedication fee be deferred until the time the full building permit is issued. If it is necessary for this request to be presented to the City Council, we request that it be presented at the November 17 Council meeting. We will be appearing before the Council that evening for the matters on this site. Thank you for your consideration in this matter. c 7 J A. Shannon Vice President /Facility Management 7k YMCAs a Cbrstiae-vahKS hued orpnimioo that I Wkt self - meent, mutual respect and a amnia oomntunity for all 6=0 quality proems that enrich families, develop youth. enhance health, and prormte imaNltund and jlohal undaaandini. a� lep .$_ � .. V - 1.. I . Aw I J General Office 194 6th St. Fast St. Paul, MN 55101 -1999 612- 2924100 FAX 612 - 2924148 Gordon E Undquist Chairman/CVO John L Traver President/CEO 7ILDING FUTURES November 10, 1992 Mr. Kenneth Vraa Director of Parks City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 RE: YMCA Cash Trailway Dedication Dear Mr. Vraa: This letter follows up on our meeting of October 27, 1992. As you recall, the purpose of the meeting was to discuss the calculation of the cash trailway dedication fee for Lot 1, Block 1, YMCA lot Addition. As stated at bur meeting, the YMCA was under the impression that the trailway dedication fee would be calculated only on the acreage not subject to easements granted in favor of the public. That is, the area which is encumbered with ponding and conservation easements would not be included in the calculation. However, the fee stated in the development contract does not reflect this adjustment. The basis for the YMCA's understanding is two -fold. First, at the Advisory Parke Commission meeting on June 4, 1992, when asked what the parks and trailway fees were, I responded that the staff report identified them as approximately $48,000 and $17,500 respectively. However, it was also mentioned and, in our opinion acknowledged by City staff, that the above figures did not reflect a reduction for the 12.7 acre ponding and conservation easements. Second, it is our understanding that the area in question could have been permanently dedicated as open space and /or platted as an outlot, which would have effectively removed the area from the fee calculation. In addition, the YMCA would have still been able to utilize the ponding and conservation areas as open space to satisfy the plat density requirements of 35 percent. Finally, while the second option was not pursued, primarily because the YMCA was never informed of the necessity to do so and because the YMCA thought the trailway fees would be calculated only on the area exclusive of the ponding and conservation easements, I would like to point out that a building which is planned for the remaining 8.35 acres does not require the use of the easement areas to satisfy the plat density requirements. In fact, the 45,000 square foot building which is proposed for the 8.35 acre site will result in a plat density of only 12.4 percent - far below the 35 percent allowed. The YMCA is a Christian- values bused org=Wtion that builds « af- esteem, mutual respect and a stronger community for all through quality programs that enrich .families, develop youth, enhance ►ealth, and promote intercultural and global understanding. Based on the foregoing, the YMCA requests that the City of Eagan make an exception to its current policy concerning the calculation of the cash trailway dedication fees and calculate the fees only on the 8.35 acres which are not encumbered by the ponding and conservation easements. This reduction will result in a savings of about $10,800 to the YMCA, and will benefit both the YMCA and the City by allowing us to use this money for construction of the new facility. If possible, we would like to bring this matter before the City Council on November 17, 1992. If you have any questions, please call. Si erely, J R. Shannon Vice President /Facility Management JRS /gii c: Thomas Hedges Harry E. Gallaher George Spevacek ©L _jL 1993 AENERALS ON -SALE LIQIIOR Al Baker Starks I, Inca 3434 Washington Dr. dba Starks Saloon Eagan, MN 55122 Gary Starks,Pres. 3125 Dodd Rd, 55121 Cedarvale Bowl, Inc. Cedarvale Lanes /Fitz's Bar & Grill Michael Henke, Mgr. 3883 Beau D'Rue Dr. Eagan, MN 55122 Eagan Airport Hotel Associates dba Holiday Inn Deryk Funkhouser, Mgr. 2700 Pilot Knob Rd. Eagan, MN 55121 Cliff Corporation dba J. Doolittles Lynn Reimer, owner 2140 Cliff Rd. Eagan, MN 55122 Dougherty's Robert Dougherty, owner 1312 Town Center Dr. Eagan, MN 55123 LaH, Inc. dba Valley Lounge James Tousignant, Pros. 3385 Sibley Memorial Hwy. Eagan, MN 55122 CLUB ON -SALE Spur, Inc. dba Lost Spur Country Club Harry Beyer, Mqr. 2750. Sibley Memorial Hwy. Eagan, MN 55121 Approved 0 92 - Open 1 93 Casper's Cherokee Sirloin Room, Eagan, Inc. dba Casper's Cherokee Sirloin Room, Eagan Richard Casper, Treas. 4625 Nicols Rd. Eagan, MN 55122 Cuz, Inc. dba LaFonda de los lobos Otis Trujillo, Pros. 3665 Sibley Memorial Hwy. Eagan, MN 55122 Hussein Ansari Mediterranean Cruise 3945 Sibley Memorial Hwy. Eagan, MN 55122 West Jersey Associates, Inc. dba Richards Joyce Slattery, President 4185 So. Robert Tr. Eagan, MN 55123 Midwest Restaurant Associates dba Applebee's Neighborhood Bar & Grill Lisa Herboldt, Manager 1335 Town Centre Drive Eagan, MN 55122 Chili's of Minnesota, Inc. dba Chili's Southwest Bar/ Grill 3625 Pilot Knob Road Eagan, MN 55122 t -jL 1993 RENNMS OFF -BALE LIOIIOR Applebaum Companies, Inc. dba Big Top Wines S Spirits Mike Buckman, Mgr. 3900 Beau D'Rue Dr. Eagan, NN 55122 Scott Liquor Company dba Cheers Wine i Spirits Scott Kruger, Mgr. 1970 Rahn Cliff Court 0300 Eagan, MN 55122 Perrier 6 Associates, Inc. dba Great Northern Spirits David Perrier, Owner 1960 Cliff Lake Rd. ¢101 Eagan, MN 55122 Kenny's Enterprises, Inc. dba Kenny's Liquor John Mattson, Mgr. 1444 Yankee Doodle Rd. Eagan, MN 55122 Liquor Shoppe, Inc. of Eagan dba Liquor Shoppe of Eagan Greg Ward, Owner 4250 Lexington Ave. So. Eagan, MN 55122 Spirits of Eagan, Inc. dba MGM Warehouse John Teslaw, Partner 4182 Pilot Knob Rd. Eagan, MN 55122 Sidco, Inc. dba Big Top Wines S Spirits Tim Martin, Mgr. 1282 Town Center Dr. Eagan, MN 55123 U'�0 Davanes, Inc." dba Davanes Pizza/Hot Hoagies 1950 Cliff Lake Road Eagan, MN 55122 688 -6111 Chung's Inca dba Anna Chungss 1960 Cliff Lake Rd. #116 Eagan, MN 55122 4548543 Apples Phis, Inc.** dba Apples Restaurant 1260 Town Centre Dr. Eagan, MN 55123 683 -9145 John Odeen•' dba Broadway Pizza 3902 Beau D'Rue Dr. Eagan, MN 55122 452 -5044 Q Burger Nancy Rieser, owner 1428 Yankee Doodle Rd Eagan, MN 55122 452 - 1473 James A. Basta" dba Italian Pie Shoppe/Winery 1438 Yankee Doodle Rd. Eagan, MN 55122 452-4525 Fratelli Tre, Inc." dba Carbone's Pizzeria 1665 Yankee Doodle Rd. Eagan, MN 55122 452.6000 Carriage Hills Country Club William Smith, Owner 3535 Wescott Hills Dr. Eagan, MN 55123 452 -7211 1993 RENEWALS *Also has .vine hoense QN -SALE BEER "Also has strong beer license Pisa Hut of America, Inc. Pisa Hut of America, Inc. &a Pizza Hut #401023 &a Pizza Hut #401025 1325 Town Centre Dr. 2130 Cliff Road Eagan, Mn S51M Eagan, MN 55122 688-2665 4524M Diamond T Ranch Inc- dba Diamond T Ranch 4889 Pilot Knob Road Eagan, MN 55122 4541464 Dragon Palace Restaurant Lee Fo Len, Owner 1466 Yankee Doodle Rd. Eagan, MN 55122 454.4493 Chung Wong, Inc.* dba Hong Wong Restaurant 2139 Cliff Road Eagan, MN 55122 452-M FHF, Inc.$ dba Hunan Garden 1344 Town Centre Dr. Eagan, MN 55123 452 -0905 West End Hunting Club Mark Steinhoff 535 Gun Club Road Rosemount, MN 55068 423.2429 Parkview Golf Club Don Larsen, Owner 1310 Cliff Road Eagan, Mn 551M 452 -5098 Piccolo's James Ewell, Jr., Owner 4162 Pilot Knob Rd. Eagan, MN 55122 4541212 0 � " OW l 1993 RENEWALS OFF -BALE BEER Gateway Foods, Inc. dba Brooks Superette #43 3390 Coachman Rd. Eagan, MN 55121 688 -2001 Super Valu Stores, Inc. dba CUB 1940 Cliff Lake Rd. Eagan, MN 55122 454 -4606 Crown Coco, Inc. dba Eagan E -Z Stop 4195 Nicols Rd. Eagan, MN 55122 452 -9309 Holiday Stationstore, Inc. dba Holiday Stationstore 0232 4595 Nicols Rd. Eagan, MN 55122 Holiday Stationstore 1247 3615 Pilot Knob Rd. Eagan, MN 55122 683 -9936 PDQ Food Stores of MN, Inc. dba PDQ 1287 1969 Silver Bell Rd. Eagan, MN 55122 PDQ #214 4198 Pilot Knob Rd. Eagan, MN 55122 452 -5846 Gateway Foods, Inc. dba Rainbow Foods 115 1276 Town Centre Dr. Eagan, MN 55123 452 -9506 Birch Bru, Inc. dba Superamerica 04049 Diffley Rd. i Hwy. 13 Eagan, MN 55122 Superamerica #4182 1406 Yankee Doodle Rd. Eagan, MN 55122 452 -9853 Superamerica 04335 1379 Town Centre Dr. Eagan, MN 55123 688 -2870 Tom Thumb Food Market dba Tom Thumb #259 2125 Cliff Rd. Eagan, MN 55122 454 -4868 Tom Thumb 0273 4130 Blackhawk Rd. Eagan, MN 55122 688 -8614 Tom Thumb 0166 1446 Yankee Doodle Rd. Eagan, MN 55122 452 -4874 1993 RENEWALS WINE LICENSES Chungs, Inc. dba Anna Chungs Restaurant 1960 Cliff Lake Rd. Suite 116 Eagan, MN 55122 454 -8543 Apples Plus, Inc. dba Apples Pat Boland, Mgr. 1260 Town Centre Dr. Eagan, MN 55123 683 -9195 John Odeen dba Broadway Pizza 3902 Beau D'Rue Dr. Eagan, MN 55122 452 -5444 Fratelli Tre, Inc. dba Carbone's Pizzeria 1665 Yankee Doodle Rd. Eagan, MN 55122 452 -6000 James A. Basta dba Italian Pie Shoppe & Winery 1438 Yankee Doodle Rd. Eagan, MN 55122 452 -4525 Davanni's Inc. Davanni's Pizza & Hot Hoagies 1980 Cliff Lake Rd. Eagan, MN 55122 688 -6111 Q Burger Nancy Rieser, Owner 1428 Yankee Doodle Rd. Eagan, MN 55122 452 -1473 Diamond T Ranch, Inc. dba Diamond T Ranch 4889 Pilot Knob Rd. Eagan, MN 55122 ' 454 -1464 Chung Wong, Inc. dba Hong Wong Restaurant 2139 Cliff Rd. Eagan, HN 55122 452 -0086 FHF, Inc. dba Hunan Garden 1304 Town Centre Dr. Eagan, lei 55123 452 -0905