Loading...
02/06/2001 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota February 6, 2001 A regular meeting of the Eagan City Council was held on Tuesday, February 6, 2001 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Bakken, Carlson, Fields and Tilley. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Mike Dougherty. AGENDA Mayor A wada announced that item R under the Consent Agenda regarding scheduling a public hearing to consider issuance of tax exempt bonds for the fmancing of not for profit schools including Faithful Shepherd is being continued to a future meeting. Mayor A wada suggested that approval of minutes be moved for consideration prior to the consent agenda. Member Tilley suggested that items A and B of the Administrative Agenda be moved for discussion under Storm Update. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Ayes: 5 Nay: 0 VISITORS TO BE HEARD Mindy Gieselman, representing approximately 150 residents who were present at the meeting, spoke regarding the need for affordable housing for all income levels in Eagan. She presented a petition bearing 575 signatures. Mayor A wada discussed the affordability crisis throughout the Metropolitan Area. Another resident spoke regarding the lack of available Section 8 housing in Eagan. Mayor A wada explained that Section 8 housing is a Federal housing program. Councilmember Tilley stated that the City will be meeting with State and Federal authorities and this issue will be discussed. RECOGNITIONS & PRESENTATIONS Mayor A wada recognized outgoing City Commission members for their service to the City and presented certificates to members that were present. Park and Recreation Director Ken Vraa discussed the MRPA Special Citizen Award and introduced award recipient Clyde Thurston. Mayor A wada presented Mr. Thurston with a certificate and thanked him for his years of service to the community. STORM UPDATE City Administrator Hedges stated that Councilmember Tilley has made contact with the City's congressional leadership about securing funding to help fmance mitigative measures to improve the City's storm sewer infrastructure. A request was made by Congressman Luther's office that the City Council adopt a resolution authorizing our congressional delegation to advance the cause of the City of Eagan and its residents to secure any and all appropriate federal funding sources to mitigate the effects of the July 2000 Super Storm. Councilmember Tilley moved, Councilmember Bakken seconded a motion to adopt a resolution authorizing the Minnesota Congressional Delegation to secure any and all appropriate Federal sources to mitigate the effects of the July 2000 super storm. Ayes: 5 Nay: 0 Councilmember Bakken stated he will be scheduling time while in Washington DC at the NLC Conference March 9 - 13,2001 to meet with legislative delegates. Eagan City Council Meeting Minutes February 6,2001 Page 2 Mayor A wada moved, Councilmember Tilley seconded a motion to provide a legislative lobby packet that can be used by the City Council and staff for approaching both congressional and local legislative delegations to proceed further to secure fmancing for mitigative measures. Ayes: 5 Nay: 0 Margaret Schreiner of the Eagan Foundation provided a status update on the Unmet Needs Committee. CENTRAL PARK UPDATE City Administrator Hedges stated that work is currently taking place by various Task Forces and the project continues to progress. MINUTES OF THE JANUARY 16,2001 REGULAR COUNCIL MEETING Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the minutes of the January 16,2001 Regular Council meeting as presented. Aye: 5 Nay: 0 Mayor A wada moved, Councilmember Bakken seconded a motion to add the following list of minutes to the official record: Ayes: 5 Nay: 0 . Minutes of the January 22,2001 Special Council Meeting Central Park Site Design Team . Minutes of the January 10 & 11, 2001 Special Council Meeting . Minutes of the January 8, 2001 Special Council Meeting Central Park Site Design Team . Minutes of the December 19,2000 Special Meeting Community Center/Central Park Facilities Design Team . Minutes of the December 18, 2000 Special Council Meeting Group 7 Neighborhood Meeting . Minutes of the December 12,2000 Special Meeting . Minutes of the December 11,2000 Special Council Meeting Group 2 Neighborhood Meeting . Minutes of the December 11, 2000 Special Meeting . Minutes of the December 4,2000 Special Council Meeting . Minutes of the November 27, 2000 Special Council Meeting Group 9 Neighborhood Meeting . Minutes of the November 20,2000 Special Council Meeting Group 8 Neighborhood Meeting . Minutes of the November 17 And 18, 2000 Special Council Meeting . Minutes of the November 17,2000 Special Council Meeting . Minutes of the November 15,2000 Special Council Meeting CONSENT AGENDA A. Personnel Items Item 1. It was recommended to approve the hiring of Anthony Atwood, Jason Bessermin, Steven Fossum, Chandra Gurlung, Celia Hahn, Jeffrey Hanson, Dirk Holman, Roy Prudencio, Lee Sonderup and Paul Weber as Eagan Volunteer Firefighters. Item 2. It was recommended to approve the hiring Ryan Rausch as a seasonal park laborer. Item 3. It was recommended to approve the hiring of Maya Schwartz, Daniel Raguse, Lauren Deiman, Chris Batesa and Lucas Behnke as part-time seasonal winter recreation leaders. Item 4. It was recommended to approve the hiring of Sherrell Staple as a part-time seasonal youth development recreation leader. Item 5. It was recommended to approve the hiring of Mackenzie Club, Chris Ahrens, Michael Brumbaugh, Paige Gilgan, Alex Porter and Christin Weggemann as part-time seasonal lifeguards for Cascade Bay. Item 6. It was recommended to approve the hiring of Breanna Mason and Christian Gage as part-time seasonal guest services workers for Cascade Bay. Eagan City Council Meeting Minutes February 6, 2001 Page 3 Item 7. It was recommended to approve the hiring of Brandon Mason as a part-time seasonal guest services shift leader for Cascade Bay. Item 8. It was recommended to approve the hiring of Laura Nelson as a part-time seasonal guest services manager for Cascade Bay. Item 9. It was recommended to approve the hiring ofRenae Elert as a part-time seasonal curriculum and special events coordinator for Cascade Bay. Item 10. It was recommended to approve the hiring of Alison Wright an Erin Boufford as part-time seasonal deck managers for Cascade Bay. Item 11. It was recommended to approve the hiring of Metra Najafzadeh and Stephen Byrnes as part-time seasonal concessions workers for Cascade Bay. Item 12. It was recommended to approve the hiring of Joel Rausch as an Engineering Tech. Item 13. It was recommended to approve the hiring of Trisha Ragner as a Clerical Tech III in the Parks and Recreation Department. Item 14. It was recommended to accept the letter of resignation from Nathan Woods, Community Service Officer in the Police Department. Item 15. It was recommended to approve the change in status for the Clerical Technician II position in the Police Department to Clerical Technician III. Item 16. It was recommended to approve closing City offices for the entire day on Monday, December 24, 2001 and to approve the use of the half-day holiday that would normally have been used on Good Friday or New Year's Eve day for the morning of December 24, 2001, on a one-time only basis. B. License Renewals. It was recommended to approve license renewals for the year 2001 for a tree contractor and pet shops. C. New Licenses. It was recommended to approve new licenses for the year 2001 for a tobacco shop and a service station. D. Parade Permit. It was recommended to approve a Parade Permit for the 4th of July Parade and waive fees. E. Automated Work Stations. It was recommended to authorize the execution of an agreement with Mid- America Business Systems for remodel with automated work stations. F. Final Planned Development Agreement. It was recommended to approve a reassignment of the Final Planned Development Agreement responsibility of Lot 2, Block 2 Blue Ridge Second Addition. G. Final Subdivision. It was recommended to approve a Final Subdivision entitled the "Eagandale Office Park 5th Addition" located south of Corporate Drive and east of Pilot Knob Road in the northwest ~ of Section 3. H. Proiect 745 -Blue Gentian Road - Streets & Utilities. It was recommended to receive the Final Assessment Roll for Project 745 (Blue Gentian Road - Streets & Utilities), and schedule a Public Hearing for April 3, 200 I. I. Proiect 746 - Blue Water Road - Streets & Utilities. It was recommended to receive the Final Assessment Roll for Project 746 (Blue Water Road - Streets & Utilities), and schedule a public hearing for April 3, 2001. Eagan City Council Meeting Minutes February 6, 2001 Page 4 1. Proiect 799 - Eagandale Center Industrial Park. It was recommended to receive the feasibility report for Project 799 (Eagandale Center Industrial Park - Street Overlay), and schedule a public hearing to be held on March 6, 2001. K. Proiect 802 - Pilot Knob Road/Duckwood Drive. It was recommended to receive the draft feasibility report for Project 802 (Pilot Knob Road/Duckwood Drive - Intersection Improvements) and schedule a public hearing to be held on March 6, 2001. L. Contract 00-09A, Misc. Well Houses Re-Roofmg. It was recommended to approve the fmal payment of $10,248.77 for Contract 00-09A (Misc. Well Houses Re-roofmg) and accept for perpetual maintenance subject to warranty provisions. M. Contract 00-098. Central Maintenance Facility Re-Roofmg. It was recommended to approve the fmal payment of$6,537 for Contract 00-09B (Central Maintenance Facility Re-Roofmg) and accept for perpetual maintenance subject to warranty provisions. N. Contract 00-09C, Municipal Center Re-Roofmg. It was recommended to approve the fmal payment of $6,690 for Contract 00-09C (Municipal Center Re-Roofmg) and accept for perpetual maintenance subject to warranty provisions. O. Proiect 784R, Louis Lane (Right ofWav). It was recommended to approve a Right of Way Acquisition Settlement Agreement for Project 784R (Louis Lane - Streets an Utilities) for Parcel 10-01-200010-06 (Huml) and authorize the Mayor and Deputy City Clerk to execute all related documents. P. Lawful Gambling Exemption Permit for Metro Twin Toms. It was recommended to approve a lawful gambling exemption permit for the Metro Twin Toms - HWTF to conduct raffles at Royal Cliff on March 22,2001. Q. Extension for Recording Final Plat - (Antenna Addition). It was recommended to approve an extension to April 6, 2001 for recording the fmal plat for Antenna Addition, consisting of one lot located at 4151 Old Sibley Memorial Highway in the SW y.. of Section 19. R. (Continued to the February 20,2001 Council meeting) Resolution Scheduling Public Hearing to Consider Issuance of Tax Exempt Bonds for the fmancing of not- for-profit schools including Faithful Shepherd. It was recommended to approve the resolution calling or a public hearing on the issuance of revenue bonds to fmance a commercial facilities development project (Catholic Finance Corporation Project). S. Contract Renewal with Lifeworks Services, Inc. It was recommended to approve a contract renewal for janitorial services with Lifeworks Services, Inc. for the period of 01/01.01 to 12/31/01 and authorize signature. CounciImember Bakken moved, CounciImember Tilley seconded a motion to approve the consent agenda. Ayes: 5 Nay: 0 PUBLIC HEARINGS Mayor Awada opened the following public hearings: VARIANCES - ADKINS ASSOCIATION FOR QWEST Variances of 15' and 2' to the required 30' sideyard building setback for the construction of a 364 square foot addition to an existing utility building, and approval of a Final Plat (Eagan RSC One Addition), located at 680 Diffley Road in the NW y.. of Section 25. Variance of 20' to the required 50' front yard building setback from a county road and a Variances of 17' and 11 ' to the required 30' sideyard setback for the construction of a 404 square foot addition to an existing utility building, Eagan City Council Meeting Minutes February 6, 2001 Page 5 and approval of a Final Plat (Eagan RSC Two Addition) located at 4175 Lexington A venue in the SW II. of Section 23. Variance of20' to the required 50' front yard setback from a county road and a variance of 16' and 20' to the required sideyard setback of 30' for the construction of a 465 square foot addition to an existing utility building, and approval of a Final Plat (Eagan RSC Three Addition), located at 1975 Diffley Road in the SW Y4 of Section 20. A presentation on these items was given at the January 16,2001 City Council meeting. Senior Planner Ridley provided an update. There being no public comment, Mayor A wada closed the public hearing and turned discussion to the Council. Mayor Awada moved, Councilmember Carlson seconded a motion to approve Variances of 15' and 2' to the required 30' sideyard building setback for the construction ofa 364 square foot addition to an existing utility building, and approval of a Final Plat (Eagan RSC One Addition), located at 680 Diffley Road in the NW II. of Section 25. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Variance of 20' to the required 50' front yard building setback from a county road and a Variances of 17' and 11' to the required 30' sideyard setback for the construction of a 404 square foot addition to an existing utility building, and approval of a Final Plat (Eagan RSC Two Addition) located at 4175 Lexington A venue in the SW Y4 of Section 23. Aye: 5 Nay: O. Mayor A wad a moved, Councilmember Tilley seconded a motion to approve a Variance of 20' to the required 50' front yard setback from a county road and a variance of 16' and 20' to the required sideyard setback of 30' for the construction of a 465 square foot addition to an existing utility building, and approval of a Final Plat (Eagan RSC Three Addition), located at 1975 Diffley Road in the SW Y4 of Section 20. Aye: 5 Nay: 0 VARIANCE - RICHARD AND CHERIE COFFMAN City Administrator Hedges introduced this item regarding a variance request of two feet to the required 10 foot side yard building setback for construction of a garage and house addition at 1391 Rainier Lane, legally described as Lot 15, Block 5, Country Home Heights, located in the SW V4 of Section 3. Senior Planner Ridley gave a staff report. He recommended that an additional condition be added that the existing shed be moved to meet the required setbacks. Councilmember Carlson moved, Councilmember Tilley seconded a motion to open the public hearing. Aye: 5 Nay: 0 Richard Coffman, applicant, discussed the location of the existing shed and stated he is willing to move it to conform with setback requirements. There being no further public comment, Mayor A wada closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a variance request of two feet to the required 10 foot side yard building setback for construction of a garage and house addition at 1391 Rainier Lane, legally described as Lot 15, Block 5, Country Home Heights, located in the SW V4 of Section 3 subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The applicant shall obtain a building permit prior to beginning construction. Eagan City Council Meeting Minutes February 6, 2001 Page 6 3. The proposed addition shall be constructed using materials to match the existing structure. 4. The existing shed shall be relocated to meet required setbacks. PROJECT 809, BLUE GENTIAN ROAD (STREET & UTILITY IMPROVEMENTS) City Administrator Hedges introduced this item, stating that an informational meeting with the neighborhood had been held. Public Works Director Colbert briefly discussed the project and introduced Matt Hanson of SRF who reviewed the feasibility study. Councilmember Carlson moved, Councilmember Bakken seconded a motion to open the public hearing. Aye: 5 Nay: 0 Roger Reiling, 1030 Blue Gentian Road, expressed his opposition to the project and referenced letters written to the City dated February 6, 2001 and August 11, 1998. Rick Morphew, owner of property in the southern portion of the project area stated he is in favor of the project. There being no further comment, Mayor A wada closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve Project 809, Blue Gentian Road (street & utility improvements). Aye: 5 Nay: 0 PROJECT 800, CEDARV ALE ACCESS (MODIFICATIONS AND UPGRADE) City Administrator Hedges introduced this item. Public Works Director Colbert discussed the background of the project and introduced Matt Hanson of SRF who reviewed the feasibility report and plans. Mayor A wada opened the public hearing. Ron Have, Freightmasters, property owner on the north side of Highway 13, discussed a previous request for development that was denied because of the burden that would be placed on traffic at the intersection. He asked if Council had considered combining the conclusions of the November traffic study concerning Silver Bell Road north of Highway 13 with the area south of Highway 13. Public Works Director Colbert stated that the results of the traffic study Mr. Have was referring to were not taken into consideration with this project. He stated that the traffic study Mr. Have referenced was conducted after the study for Project 800 was done and improvements for the northbound turn lane on Highway 13 is not something that is incorporated into this plan. He further stated there is a potential need for a southbound left turn lane into the Cedarvale area. Those type of improvements are not included because they are proposed to be deferred to MNDOT but the addition of the second through lane on Silver Bell Road is something that can be considered. Mr. Have asked ifMNDOT had been approached regarding this issue. Mr. Colbert stated they had been approached but had not agreed to do the improvements. Jeff Hall, property owner at the comer of Silver Bell Road and Beau D'Rue expressed concern over the time frame for the taking of his property. He stated he will have to relocate and wants advance notice and a fair offer for his property. Hugh Fitzgerald stated he supports the project but questioned the revenue sources. Public Works Director Colbert explained the special assessment and its deferment until redevelopment. Tim Danguard, representing the property owner located between the bowling ally and Twin City Poultry, expressed concern over limited access to Cedarvale. Mayor A wada assured Mr. Danguard that access would be provided. Steve Cohen, owner of Twin City Poultry, questioned the acquisition of his property and relocation costs. Public Works Director Colbert discussed the timeline for the acquisition, stating it would probably be late falL He Eagan City Council Meeting Minutes February 6, 2001 Page 7 further stated that appraisals would be done and relocation costs taken into consideration. City Attorney Dougherty stated that the City will work with the Dakota County HRA regarding relocation costs. Doris Dahline presented a ring road concept plan, outlining the 12 main points of her proposal. Mr. Hanson commended Ms. Dahline on her research and discussed her proposed design. He stated that generally a one way street system will increase travel time and that one way street systems can be confusing to people not familiar with the area. Public Works Director Colbert explained the level of operational efficiency and maximum capacity for the area that would be gained by the proposed project. AI Birr, 1930 Silver Bell Road discussed the history of his property and the replacement when the City takes his property. He also discussed the intersection at Highway 13 and environmental issues. He asked if an Environmental Impact Statement had been done. Director Colbert stated that the study was not required with a project of this size. Alma Birr, 1930 Silver Bell Road asked that the City be fair with them regarding the acquisition of their property. There being no further public comment, Mayor A wada closed the public hearing. Mayor A wada stated she realizes it is a tough situation when homes and businesses must be taken and the City will do everything it can to make sure everyone comes out of the process happy. She stated the approval of this project is the fIrst step of redevelopment and it will become a reality in a much shorter time frame than originally expected due to the desirability of the land in Eagan and the need for development in this area. Councilmember Tilley stated her main concern is that fair and equitable payment is made to all the residents that have to move due to the project. A discussion was held with Julie Woodner, 3816 Beau de Rue, regarding the taking of her property. She indicated that most of her front yard will be taken and she may prefer that the entire house be taken. Public Works Director Colbert explained the proposed alignment and stated if the remaining structure is left to a nonconforming standard, a proper valuation of the property is done. Mayor A wada directed staff to work with Ms. W oodner regarding her property. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve Project 800 (Cedarvale Access Modifications - Street Intersection Reconfiguration) and authorize the preparation of detailed fmal plans and specifIcations and the acquisition of right-of-way and easements through quick-take Eminent Domain, if necessary. Aye: 5 Nay: 0 The Council took a five minute recess at 9: 15 p.m. OFFICIAL MAPPING - NORTHWOOD PARKWAY City Administrator Hedges introduced the item. Public Works Director Colbert discussed the background of the project. Councilmember Bakken moved, Councilmember Carlson seconded a motion to adopt the offIcial mapping of North wood Parkway and direct staff to continue negotiations. Dennis Trooien, Attorney for Larry Wenzel, noted that Mr. Wenzel provides 300 affordable homes in the area. He stated he felt that everyone should receive fair and equitable treatment regarding this project and that Mr. Wenzel objects to the mapping. He stated that land swap negotiations with the City had been discussed but the City had not responded. He discussed the fact that Mr. Wenzel had submitted an application for development of his property, and if the mapping is adopted the proposed road will go through Mr. Wenzel's property and eliminate an additional 228 units of affordable housing. Mr. Trooien stated that Mr. Wenzel's property is extremely valuable and Mr. Wenzel should receive just and equitable compensation. He stated that if Mr. Wenzel is not compensated Eagan City Council Meeting Minutes February 6, 2001 Page 8 appropriately for his property and it is mapped prior to condemnation, Mr. Wenzel will take the City to Court to force the condemnation and ask that Mr. Trooien's legal fees be paid. Mayor A wada noted that the proposed road would not go through any existing buildings, but through a large piece of open property. She also discussed the history of the negotiations with Mr. Wenzel, stating the City has done everything possible to negotiate with Mr. Wenzel to make a win-win situation. She stated that as elected officials, it is the job of the City Council to protect the interest of the tax payers in such issues. She went on to state that the Council came to an agreement last May regarding a land swap in which Mr. Wenzel would be gaining 7.6 acres in exchange for 2.5 acres. There was also an approved plat for apartments should the swap go through. Mayor Awada further stated she felt Mr. Wenzel was getting an incredible deal in the land-swap and approved plat and within a couple of months after the negotiations and an agreed upon deal, another demand was made from Mr. Wenzel that additional land be obtained from MNDOT at the taxpayers' expense to be given to Mr. Wenzel. Mr. Trooien responded stating there had never been a fmal agreement and when the application was made for the 228 unit apartment complex, they included a document titled "Supplement to Application" in which a number of things were listed that would have to be addressed as part of the deal in order to fmalize the deal. He quoted from item number 3 of the "Supplement to Application": "At such time as the plat is filed and the ring road right-of-way is dedicated to the City, the City agrees to pay Larry Wenzel an amount of money to compensate him for severance damages, possibly moving Marice Drive, impacts on his existing apartment building, noise abatement, landscaping and other impacts. This amount needs to be discussed with the City in an effort to arrive at a fair settlement during the application process". Mr. Trooien stated they had never closed the loop on that monetary component. He stated the City and Mr. Wenzel had been several hundred thousand dollars apart in the negotiations and at one point Mr. Wenzel offered to meet the City halfway and the City refused. Mr. Trooien went on to state that the City can get the right-of-way for $300,000 which is the cost of all ofMNDOT's excess right of way. He stated that if the City gets MNDOT's excess right of way and swap it with Mr. Wenzel, Mr. Wenzel will give the City right-of-way for Northwood Parkway. Councilmember Bakken stated that the timing of some of the fmal negotiations last May were unfortunate and things did not work out. He thanked Mr. Trooien for a more constructive tone than the last time they spoke and the Council would like to make an effort to make the deal work. He suggested that the slate be wiped clean and begin negotiations from this point. The Council agreed. A vote was taken on the motion. Aye: 5 Nay: 0 OLD BUSINESS RATIFY 2001 CITY COUNCIL GOALS AND OBJECTIVES City Administrator Hedges commended the Council on behalf of City staff for their work on the Strategic Plan and Goals. He also commended Administrative Specialist Hertel and Assistant City Administrator Verbrugge for their assistance. Councilmember Bakken moved, Councilmember Tilley seconded a motion to ratify the 2001 City Council Goals and Objectives. Aye: 5 Nay: 0 RECONSIDERATION OF REZONING AND PRELIMINRA Y SUBDIVISION MANLEY LAND COMPANY City Administrator Hedges introduced this item regarding the reconsideration of allowing for a rezoning of approximately 10.7 acres from A (Agriculture) R-I (Single Family) and a Preliminary Subdivision (Perron Acres) to create 23 lots, located on the east side of Dodd Road and north of Well and Court in the SE V. of Section 24. Eagan City Council Meeting Minutes February 6, 2001 Page 9 Mayor A wada moved, Councilmember Tilley seconded a motion to reconsider the rezoning and preliminary subdivision for Manley Land Company. Mayor Awada explained to Mr. Manley that she feels there are problems with the plat and suggested he work with staff regarding the variances. Mr. Manley asked the Council's opinion regarding the existing farm house on the cul-de-sac and the proposed lot sizes. Mayor A wada suggested larger lot sizes. Daryl Peterson expressed concerns over the reconsideration of the subdivision. He stated he felt the Council should hold off on further review. Jodi Severson expressed concern over the lot sizes. She asked the Council not to reconsider the proposed subdivision until changes are made: Two residents spoke regarding their concerns over traffic and safety issues. Public Works Director Colbert addressed the access issues. George Weslund, 636 WeIland Court, requested that trail access be considered for WeIland Court. He also stated he is supportive of the proposed subdivision. Mayor Awada stated she felt the rezoning request \\..lS previously improperly denied and is supportive of the reconsideration. She further stated that official notification would have to be made before the Council can review the proposaL Councilmember Bakken stated he supports the reconsideration but recommends that the applicant work with staff regarding the trail access and variances. A vote was taken on the motion. Aye: 4 Nay: 1 Councilmember Carlson opposed. PRELIMINARY DEVELOPMENT AGREEMENT DELTA HOMES FOR GREATER CEDARV ALE AREA City Administrator Hedges introduced this item and explained the proposed agreement stating it would not commit the City to any specific agreement, development approval or action other than to work with Delta Homes to analyze the feasibility of continuing project development. Mayor A wada moved, Councilmember Carlson seconded a motion to approve the preliminary redevelopment agreement with Delta Homes for redevelopment in the Greater Cedarvale Area. Aye: 5 Nay: 0 NEW BUSINESS ORDINANCE AMENDMENT, CHAPTER 4 OF THE EAGAN CITY CODE City Administrator Hedges introduced this item. Chief Building Official Doug Reid gave a summary of the proposed amendment which would allow unlicensed potential owners of new structures to install electrical wiring as a result of electrical inspections services being shifted from the City's Protective Inspections Division to the State. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve an amendment to Chapter 4, Section 4.03, of the Eagan City Code. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes February 6, 2001 Page 10 CONDITIONAL USE PERMIT - GRESSER CONCRETE-MASONRY City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow outdoor storage of construction equipment on Lot 1, Block 1, Eagandale Center Industrial Park No. 10. Senior Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a Conditional Use Permit to allow outdoor storage of construction equipment on Lot 1, Block 1, Eagandale Center Industrial Park No. 10, located at 2905 Lexington Avenue South in the SE 114 of Section 3 subject to the following conditions: 1. The Conditional Use Permit shall be recorded within 60 days of its approval by the City Council. 2. Outside storage shall be limited to the east side of the structure as depicted on the site plan. 3. Materials stored outside shall relate directly to the business operation. 4. The height of the items stored outside shall not exceed the height of the enclosure. 5. All materials shall be stored and maintained in an orderly fashion. 6. All off-street parking supply requirements of the City Code shall be satisfied. 7. Per the 1-1 zoning standards, retail sales activities upon the property shall be prohibited. 8. Recording of this Conditional Use Permit shall simultaneously terminate previously issued Conditional Use Permits for Lot 1, Block 1, Eagandale Center Industrial Park #10. A vote was take on the motion. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT - MIDWEST TILE City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow outdoor storage of stone slabs on Lot 5, Block 1, Eagan Pointe. Senior Planner Ridley gave a staff report. The Council discussed screening on the west side of the property with Paul McCabe, applicant. Mr. McCabe also discussed where additional parking stalls would be designated. l'ouncilmember Carlson stated that she agrees with the Planning Commission regarding the fencing on the south side of the property matching the building material of the main structure and chain link fencing with slatting on the \\ est side of the property. Mayor Awada stated she did not feel the site was in a proper area for outdoor storage. Councilmember Carlson stated there is truck storage on the adjacent properties and that the outdoor storage of stone slabs would be appropriate. Councilmember Bakken asked if the holding area for the trash dumpster is enclosed. Mr. McCabe stated that the dumpster is currently enclosed. Councilmember Tilley stated the fencing should all match the building. Councilmember Carlson stated she thought it was unnecessary to have a stone wall on the back side of the building. She further stated that the enclosure on the South side should match the building but a chain link fence with slatting would be sufficient on the west side. Councilmember Fields agreed. Mr. McCabe discussed the possibility of future expansion. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a Conditional Use Permit to allow the outside storage of materials (stone slabs) on property located at 3181 Dodd Road, legally described as Lot 5, Block 1, Eagan Point in the SW If.. of Section 12 subject to the following conditions: 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of its approval by the City Council. 2. Outdoor storage activities shall be confmed to the south and west areas of the site identified on the site plan. Eagan City Council Meeting Minutes February 6, 2001 Page 11 3. A total of not less than 33 off-street parking stalls shall be provided on site. 4. The southerly outdoor storage area enclosure shall be 8 feet in height and constructed of materials that match the building. 5. The westerly outdoor storage area shall be enclosed by an 8 foot high chain link fence with slats. 6. Materials stored outdoors shall not exceed the height of the enclosure. 7. The fence enclosure shall be properly maintained. 8. The trash enclosure shall be constructed materials that match the building. A vote was taken on the motion. Aye: 3 Nay: 2 (Mayor Awada and Councilmember Tilley opposed) CONDITIONAL USE PERMIT - SURE CONSTRUCTION City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow an impervious surface lot coverage in excess of25% in a Shoreland Zoning District on Outlot C Town Centre 100 Sixteenth Addition, located on Town Centre Drive and O'Leary Lane in the NE v.. of Section 15. Senior Planner Ridley gave a staff report. Mayor Awada moved, Councilmember Carlson seconded a motion to deny a Conditional Use Permit to allow impervious surface coverage of greater than 25 percent within a Shoreland Overlay District upon property located north of Town Centre Drive and west of Lexington Avenue in the NE v.. of Section 15. Loren Kjersten, Sure Construction discussed the proposed pedestrian walkway. Councilmember Carlson stated she felt the proposed impervious surface coverage is too intense for the area. Mr. Kjersten stated that Eagan is the fIrst city he has dealt with that requires 10 foot parking stalls and that reducing the size of the parking stalls would allow the total impervious surface to be reduced. The Mayor responded that the City feels very strongly about maintaining the 10 foot parking stall standard. Greg Preusse, representing Dr. Becker, stated that Dr. Becker is trying to relocate his dental office which is currently located in Cedarvale. He stated he felt this could be viewed as a hardship due to his being ousted from Cedarvale. Mayor A wada pointed out that condemnation has not been enacted in Cedarvale. Senior Planner Ridley noted that the use of the property that the applicant is requesting fits the zoning and the conditional use permit would not be required if the property was not located in the Shoreland Overlay District, as parking is the only issue. Discussion ensued regarding the size of the building in light of the parking shortage and the problems associated with the parking added along the continuous private drive. Mr. Pruesse commented on the amount of storage in the building to which the Mayor responded that the City's parking requirements already factor in storage in office uses and that the proposed use appears too intense for this site. Mr. Kjersten requested a continuance on the conditional use permit request. Mayor Awada withdrew her motion. Mayor A wada moved, Councilmember Tilley seconded a motion to continue consideration of a conditional use permit for Sure Construction to the March 6, 2001 meeting. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA Public Works Director Colbert discussed a request to amend the 2nd Opinion Storm Analysis Study by replacing areas # 6 & #8 for areas # 6 & #10. Councilmember Carlson moved, Councilmember Tilley seconded a motion to amend Alternate #2 to the 2nd Opinion Storm Analysis Study by replacing areas #6 and #8 with areas #3 and #10. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes February 6, 2001 Page 12 ADJOURNMENT The meeting adjourned at 11 :20 p.m. into an Executive Session to consider maintenance collective bargaining and pending or threatened litigation regarding the proposed Wenzel development and Douglas Haskin vs. the City of Eagan. MBM ~} ;, I ,,( Lc!L/(:'{V1L" Date/) , 'J t:{: ( 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, (651) 681-4600, (TDD phone: (651) 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, sexual orientation, marital status or status with regard to public assistance.