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09/17/1999 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNOL Eag~ Minnesota Septrmber 7, 1999 {j(i24B A regular meeting of the Eagan City Council was held on Tuesday, September 7, 1999 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Masin, Blomquist, Carlson and Bakken. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. ...1 Mayor A wada stated that Councilmember Carlson requested that discussion on ice rental rates be added to Department Head Business. She also stated that the scheduling of a special City Council meeting was being added to Department Head Business. She said that a request had been made to continue New Business Item D, Draft Comprehensive Guide Plan to a special City Council meeting on September 14 and to the regular meeting of September 21. Councilmember Carlson moved, Councilmember Masin seconded a motion to approve the agenda as modified. Councilmember Carlson explained that she had requested the draft Comprehensive Guide Plan be continued to allow for discussion by the Council at a future work session and to ensure that individual notification is provided to property owners whose property may become non-conforming as a result of the proposed changes. Councilmember Blomquist stated that since formal notification had been sent and several people were present, they should be allowed to comment on the Plan. Further discussion occurred regarding whether to accept public comment or to defer all testimony to the September 21 City Council meeting. Mayor A wada polled the audience to determine if anyone was present to address the Council regarding the Guide Plan. Several people were present and indicated an interest in speaking on the Comprehensive Guide Plan. Coundlmember Carlson amended the motion to approve the agenda to accept public comment on the draft Comprehensive Guide Plan from those individuals present at the meeting and to exclude testimony regarding Richfield Blacktop to the September 21, 1999 City Council meeting. A vote was taken on the motion. Aye: 5 Nay: 0 _::B:1tBlilllYlx::ir.;::im::B.a1lll::fjtiil1l Councilmember Masin requested the addition of the following sentence to the sixth paragraph on page one. "He added that the latest procedure that the Council has adopted and put into effect for the last several meetings has been to make motions to remove items from the consent agenda at the time of the adoption of the agenda and to place them on the regular agenda. " Coundlmember Carlson moved, Coundlmember Masin seconded a motion to approve the minutes as amended. Aye: 4 Nay: 0 (Awada abstained) _::QI::III::lflfiB:I::,E::_:_ Coundlmember Bakken moved, Councilmember Carlson seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 .MINUTli&....::....:...:..'.::......::'.':'....:"'...'.....:::.OP:..:.....:"'.::.T8E:.:"':..?...'...:..:::W:::..::.U...::-...S..:::...US...::.:"'.:...r.....:.:'m.....::...::':::.t.....",.........:.."':"S.'.:"!E:':"':"':"'CJA:":::':"":'>"'''L''.::::'MEiTIWu.:'::::' .. ......... ." . n' ... . ". . .... .. . ...;......:...:..::;...:....::.;:....;:...:..:.....:::::..:..:.....::::::....::...:........:..:::...:...::..:..;:;..::...;:;..:..;.....;::.. .,:;:;:......... ::r..,:.,.:::...:...:::::.....:... .:::....:...:..:.:................::.:::..............:.;...:..::...:~........:...:.:.....:: Mayor A wada noted a typographical error in the second sentence on page four under Discussion Re: Adoption of Regular City Council Meeting Agenda and requested the word or be changed to as. EAGAN CITY COUNaL MEETING MINUTES; SEPTEMBER 7,1999 PAGE 2 Jt:;249 Coundlmember Bakken moved, Coundlmember Carlson seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 fiSt[ou::f:ro::Bit:1iEDII .................................................................................................................................. Sandra Masin, 1795 Carnelian Lane, responded to her removal from the position of Acting Mayor for the City of Eagan. She said that it was her opinion that Mayor Awada's political motivations are self-serving and that she has used her position as mayor to repay political favors and to position herself for future elections. She added that she perceived Mayor Awada's vindictive behavior and activities as a disgrace to the office of mayor and said this behavior must end. She challenged Mayor Awada to place the community before her personal political agenda. .-_::_::1..11 PROJECT 636R, RESEARCH REPORT - POPPLER. LANE ASSESSMENTS City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Councilmember Bakken moved, Mayor Awada seconded a motion to reject a request from Larry Poppler for reconsideration of an assessment reduction for Lot 3, Block 1, Poppler Homestead Addition. Coundlmember Blomquist stated that she has been concerned about the fact that different assessment amounts are charged for residents and developers. Mayor Awada noted that Mr. Poppler was a developer at the time he was assessed. Coundlmember Carlson said she did not support reducing the amount of an already certified assessment. She further said she did not support changing the action of a previous Council and added that doing so would cause many problems. She said that the Council needs to move forward and be consistent in how assessments are calculated. Coundlmember Masin stated that she was concerned that Mr. Poppler has not been treated consistently and said she preferred to further evaluate the process to determine if the Council had been inconsistent. Coundlmember Masin moved to appoint an attorney to evaluate whether Mr. Poppler's assessment had been appropriately determined. Mayor Awada stated that there was already a motion on the floor. Coundlmember Bakken said that he could not find any indication of malfeasance on the part of the previous Council. Larry Poppler, 3030 Poppler Lane, stated that the assessment policy was not applied to his development in the same manner that it was applied to Country Home Heights. He said that the City received numerous benefits as a result of his development and further said that the City's assessment policy is not equitable. Mayor Awada explained why the assessment amounts for Country Home Heights were different than Mr. Poppler's. A vote was taken on the motion. Aye: 3 Nay: 2 (Coundlmembers Masin and Blomquist opposed) OVIC ARENA ICE RATES Coundlmember Carlson said that she was informed that Independent School District 196 is paying $140 per hour for ice rental at other civic arenas and added that the City should also charge the same amount. EAGAN CI1Y COUNaL MEETING MINUTE5; SEPTEMBER 7,1999 PAGE 3 00250 Councilmember Carlson moved, Councilmember Bakken seconded a motion to schedule the civic arena rates at $140.00 per hour for all high school users. Aye: 5 Nay: 0 SPECIAL CITY COUNCIL MEETING Mayor Awada moved, Councilmember Bakken seconded a motion to schedule a spedal City Coundl meeting for September 14, 1999 at 7:00 p.m. to review the draft Comprehensive Guide Plan. Aye: 5 Nay: 0 Councilmember Masin mentioned that former Councilmember Jerry Thomas passed away and extended her sympathy to his family. She thanked everyone who participated in the Onion Festival and also thanked the sponsors of the concert for providing a major activity for the young people in the community and for promoting a smoke-free millenium. Councilmember Blomquist also commented about Jerry Thomas and the impact he had on the community. coNstftimAtmNDA ............................................................................,'............................ A. Personnel Items Item 1. It was recommended to approve the hiring of a person to be recommended as a Qerical Technician ill/Receptionist for the Maintenance Fadlity. Item 2. It was recommended to approve the hiring of Jeff Peterson as a seasonal skate guard for the Civic Arena. Item 3. It was recommended to approve the hiring of Joe Lendway as a seasonal recreation leader assistant. Item 4. It was recommended to approve the hiring of Keith Newcombe as a seasonal assistant skating instructor. Item 5. It was recommended to approve the hiring of Brad Champlin, Guy Dawson, Jeff Freeman and Ken Freeman as seasonal football officials. Item 6. It was recommended to approve the hiring of Meghan Doherty as a seasonal football field assistant. Item 7. It was recommended to accept the resignation of Wayne Miller, a building inspector. Item 8. It was recommended to accept the resignation of Julie Farnham, Planner. B. Amendment to the Cable Franchise Ordinance. Extending the Franchise Term to November 16. 1999. It was recommended to adopt the Ordinance amending Cable Franchise Ordinance No. 101, Article II, Section 4, Franchise Term. C. Final Subdivision and Final Planned Development - Oakpointe of Eagan 2nd Addition. OCP Homes. Ine. It was recommended to approve a Final Planned Development to allow 17 single family residential lots upon 99- 5 9 approximately 4.2 acres of land located south of Cliff Road between Galaxie A venue and Plaza Drive in the northwest 1/4 of Section 32 and to approve a Final Subdivision (Oakpointe 2nd Addition) to allow the creation of a 17 lot single family residential subdivision located south of Cliff Road between Galaxie A venue and Plaza Drive in the northwest ~ of Section 32. EAGAN CI1Y COUNOL MEETING MIN1J1'ES; SEPTEMBER 7, 1999 PAGE 4 00251 D. Final Subdivision and Final Planned Development - Cedarview 2nd Addition. Decalla Properties. It was recommended to approve a Final Planned Development to allow 8 single family residential lots upon 99 - 6 0 approximately 4.0 acres of land located south of Cliff Road and west of Nicols Road in the northwest 1/~ of Section 31 and to approve a Final Subdivision (Cedarview 2nd Addition) to allow the creation of an 8 lot single family residential subdivision located south of Cliff Road and west of Nicols Road in the northwest 1j~ of Section 31. E. Footing and Foundation permits, Apollo Addition. Duke Weeks Realty. It was recommended to allow the issuance of footing and foundation permits for two buildings at Apollo Business Park prior to final platting of the property located south of Apollo Road in the north 1h of Section 11. F. Extension for recording the final plat of Faithful Shepherd Addition. It was recommended to approve a 9O-day extension of the recording requirement for the Faithful Shepherd Addition (located north of Yankee Doodle Road and west of Lexington Avenue in the SW Jf4 of Section 11). G. Recommendation to remove the SW quadrant of the Cedar Avenue/Highway 13 interchange from the moratorium. It was recommended to approve the recommendation from the Cedar A venue and Highway 13 Redevelopment Task Force to remove properties in the southwest quadrant of the TH 77 /TH 13 interchange from the interim ordinance (moratorium) established in May 1999. H. Permit renewal to operate motorized golf cart, Michael Krolick. It was recommended to approve a permit renewal to operate a motorized golf cart on designated streets for Michael Krolick. I. Service station license renewal for Cedarvale Texaco, 3830 Sibley Memorial Highway. It was recommended to approve the service station license renewal for Cedarvale Texaco located at 3830 Sibley Memorial Highway. J. Tobacco license. Walgreens. 4220 Lexington Avenue. It was recommended to approve a tobacco sales license for Walgreens located at 4220 Lexington Avenue. K. Project 745, approve Settlement Agreement (Blue Gentian Road - Chapple). It was recommended to approve a Settlement Agreement for Parcell0-002()()..()5()-26 (Chapple) regarding the property acquisition cost for Project 745 (Blue Gentian Road - Street and Utility Improvements) and authorize the Mayor and City Oerk to execute all related documents. L. Contract 99-11. receive bids/award contract (Wescott Road - Restriping). It was recommended to receive the bid for Contract 99-11 (Wescott Road - Restriping), award the contract to Warning Utes of Minnesota, Inc., for the Base Bid in the amount of $34,172.30 and authorize the Mayor and City Oerk to execute all related documents. M. Rental of City-owned house - 1275 Towerview Road. It was recommended to approve renting of the City-owned house located at 1275 Towerview Road beginning on October 1, 1999. N. Contract 98-09. approve final payment, authorize City maintenance (Valley View Plateau). It was recommended to authorize the 6th and final payment to MacNamara, Inc., for Contract 98-09 (Valley View Plateau - Street & Utility Improvements) in the amount of $6,906.81 and authorize perpetual City maintenance subject to warranty provisions. o. Vacation of public easement, receive petition/ order public hearing (Eagan Royale). It was recommended to receive the petition to vacate a public drainage & utility easement on Lot 13, Block 3, Eagan Royale and schedule a public hearing to be held on October 5,1999. 00252 EAGAN CITY COUNCIL MEETING MINtJ'I1:3i SEPTEMBER 7, 1999 PAGES P. Vacation of public easements, receive petition/ order public hearing (Lexington Pointe 12th Addition). It was recommended to receive the petition to vacate a public ponding easement and schedule a public hearing to be held on October 5, 1999. Q. Project 99-E, approve Traffic Control Signal Agreement lOakview Center). It was recommended to approve Traffic Control Signal Agreement No. 79333R (Oakview Center - TH 55 and TH 149) with the Minnesota Department of Transportation and authorize the Mayor and City Oerk to execute all related documents. R. A ward bid lor repairs and upgrade ol Fire Station ##2. It was recommended to award the bid for the repair and upgrade of Fire Station '2 to CM Construction. S. Creation of Community Facilities Land Acquisition Task Force. It was recommended to ratify the creation of the Community Facilities Land Acquisition Task Force. T. Project 756, receive final assessment roll/schedule public hearing lWoodgate 3rd, Tiberon. Mallard Park 3rd Add. - Overlay). It was recommended to receive the Final Assessment Roll for Project 756 (Woodgate 3rd, Tiberon, Mallard Park 3rd Additions - Street Improvements) and schedule a public hearing to be held on October 5, 1999. U. Project 753, receive final assessment roll/schedule public hearing (Thomas Lake Road - Overlay). It was recommended to receive the Final Assessment Roll for Project 753 (Thomas Lake Road - Street Improvements) and schedule a public hearing to be held on October 5, 1999. V. Project 752 receive final assessment roll/schedule public hearing (Johnny Cake Ridge Road - Overlay). It was recommended to receive the Final Assessment Roll for Project 752 Oohnny Cake Ridge Road - Street Improvements) and schedule a public hearing to be held on October 5,1999. W. Project 776, approve resolution of support for regional funding (Yankee Doodle Rd. - Ext. ). It was 99- 61 recommended to approve a resolution of support for Dakota County's application for Federal and Regional Surface Transportation Pr~gram Funding through the Metropolitan Coundl for Project 776 (Yankee Doodle Road - Extension). Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the consent agenda. . In regard to Item E, Footing and Foundation permits, Apollo Addition. Duke Weeks Realty, Councilmember Masin said that it seemed premature to grant permission to the developer to start building. Senior Planner Ridley stated that staff anticipates that the final subdivision will be ready for Coundl approval at the September 21 meeting. He added that the looting and foundation permit does not include any construction above grade level. In regard to Item J, Tobacco license, Walgreens, 4220 Lexington Avenue, Councilmember Masin said that approving a tobacco license for a store that sells health products seems inconsistent. In regard to Item 0, Vacation of public easement, receive petition/ order public hearing (Eagan Royale), Councilmember Masin questioned why the City would want to vaCate this easement. Director of Public Works Colbert explained that additional details about the vacation would be provided to the Coundl at the time of the public hearing. In regard to Item T, Project 756, receive final assessment roll/schedule public hearing lWoodgate 3rd, Tiberon. Mallard Park 3rd Add. - Overlay), Councilmember Masin suggested this item be continued until the appraisal evaluation has been completed. EAGAN CITY COUNaL MEE'IlNG MINU1'Hi; SEPTEMBER 7, 1999 PAGE 6 00253 In regard to Item AS, Resignation of Tulie Farnham. Planner, City Administrator Hedges commented on what a great asset Ms. Farnham was to the City and added that she will be missed. Mayor Awada commended her for her leadership role in the completion of the draft Comprehensive Guide Plan. Coundlmember Blomquist thanked Ms. Farnham for the excellent job she did while employed by the City. A vote was taken on the consent agenda. Aye: 5 Nay: 0 111::11..1 APPOINTMENT, SOUD WASTE ABATEMENT COMMISSIO~ City Administrator Hedges provided an overview on this item. Coundlmember Masin moved, Coundlmember Bakken seconded a motion to appoint Michael Stone to the Solid Waste Abatement Commission for the remainder of a three-year term. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN DRAFT - CITY OF EAGAN Mayor Awada provided an overview on this item. An attorney representing Mike Neisius stated that his client was opposed to the proposed low density Guide Plan designation of his property. He added that, absent a commerdal designation, his client concurs with the Advisory Planning Commission's recommendation to treat the property as transitional. Several people spoke of their concern regarding the lack of property to be designated for multi- family development as it relates to affordable housing. Coundlmember Carlson stated that any property owners whose property may become non- conforming should be renoticed regarding the September 21 City Council meeting. Councilmember Carlson responded to a question that renotification of property owners, in regard to final Plan adoption, would not be necessary. OFFICIAL MAP 11 (NORTIlWOOD P AIU<WAY) -lUNG ROAD EXTENSIO~ City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report and noted that MnOOT has agreed to sell excess land to the City; however, they are not in agreement with the City's appraised valuation. He said the City-commissioned appraisal has not been completed for the right-of-way acquisition for the Glen Pond Apartments. Councilmember Bakken moved, Mayor Awada seconded a motion to adopt Official Map '1. Dennis Trooien, representing Larry WenzeL said he was encouraged with the progress regarding the MnOOT right-of-way acquisition; however, he stated that his client was opposed to the ring road bisecting his property and was discouraged with the lack of interaction between City staff and his client regarding this issue. He stated that his client was willing to agree to an additional60-day continuance on the official map and development plan in hopes that progress would be made within the next 30 days regarding reasonable negotiations with the City. He requested that the City Council authorize staff to proceed, at the City's expense, with the Phase I environmental survey, boundary survey, geotechnical survey and wetland delineations on both the MnOOT and Wenzel right-of-way properties. He added that his client would prefer to not be involved in this process. Larry Wenzel said he would prefer the ring road be moved further south to the Marice Drive alignment so he does not have to be involved in the MnOOT land swap. Director of Public Works Colbert said that this was the first time that he had been made aware that Mr. Wenzel was not interested in the 00254 EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 7,1999 PAGE 7 MnDOT property. Mr. Trooien stated that Mr. Wenzel has always maintained that he would prefer that the ring road alignment not impact his property. A vote was taken on the motion. Aye: 2 Nay: 3 (Councilmembers Carlson, Masin and Blomquist opposed) The motion failed for Jack of a majority. Coundlmember Carlson moved, Councilmember Bakken seconded a motion to reconsider the previous action. Aye: 5 Nay: 0 Councilmember Bakken moved, Mayor Awada seconded a motion to continue action on Official Map In. Aye: 5 Nay: 0 Coundlmember Carlson moved, Mayor Awada seconded a motion to approve the completion of an environmental study, boundary survey, geotechnical borings and wetland delineations for the MnOOT and Wenzel right-of-way properties. Aye: 5 Nay: 0 PRELIMINARY PLANNED DEVELOPMENT - LARRY WENZEL (GLEN POND SOUTH) City Administrator Hedges provided an overview on this item. Dennis Trooien , representing Larry WenzeL stated that his client was willing to agree to a 60 day 99 - 6 2 continuance. Coundlmember Masin moved, Coundlmember Blomquist seconded a motion to continue the Preliminary Planned Development for 60 days. Mayor Awada said that the application stands on its own. She further said that this application is very far from anything allowed in the City Code and added that the application is inadequate and would have to be altered and sent back to the APe. She stated that she did not support a continuance because the application would require significant changes. Councilmember Carlson concurred. Coundlmember Blomquist questioned if Mr. Wenzel would be required to pay additional application fees if he submits a new application. Coundlmember Carlson suggested that the application be denied and that the application fees for any subsequent applications be adjusted. City Administrator Hedges stated that the Council could waive the typical application fees. He added that development review costs would be borne by the applicant. A vote was taken on the motion. Aye: 2 Nay: 3 (Mayor Awada and Coundlmembers Bakken and Carlson opposed) The motion failed for Jack of a majority. Coundlmember Bakken moved, Mayor Awada seconded a motion to deny the application and to waive the application fees on a new application, if submitted within one year. Coundlmember Bakken stated that the reason the continuance was not granted is because the application was deficient, additional information is needed, and no additional information had been submitted during the past 60 days. Mayor A wada noted that a tree preservation plan had not been submitted, the density was twice as high as allowed by the City Code and several other development plans, as referenced in the staff reports, were missing. A vote was taken on the motion. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) EAGAN CITY COUNOL MEETING MINlJ'JE>; SEPTEMBER 7, 1999 PAGE 8 00Z55 Councilmember Masin moved, Mayor Awada seconded a motion to send a letter to the City's legislative delegation regarding the MnDOT turn back for the Northwood Parkway Official Map '1. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT IE REZONING - MVTA City Administrator Hedges provided an overview on this item. Jim Lasher, representing the MVT A, discussed the two proposed plans for the site and added that there will not be any negative impacts on traffic. AI Baker, owner of AI Baker's Restaurant, stated that he understands the need for mass transit but said that this site is not appropriate for a park and ride. He expressed concerns with the impact on the visibility of his restaurant. He dted situations where he believes lack of visibility led to the demise of restaurants in the City. He also expressed concern about the impact of the additional traffic and said that the MVT A should be required to conduct a traffic study. He suggested that the request be continued for further study or be denied. Councilmember Masin said that as she drove westerly down Yankee Doodle Road toward AI Baker's Restaurant she was unable to see the restaurant until she was at the stop light at the park and ride entrance. Bill Baell. representing Super America, echoed the concerns expressed by Mr. Baker. Cindy Johnson, President of the Northern Dakota County Chamber of Commerce, stated that area businesses support the need for mass transit. She expressed their concern about the location of the park and ride and said comments were received that indicated there needs to be more study about the impacts on businesses and traffic. Councilmember Blomquist questioned if the height of the structure could be reduced. Mr. Lasher responded that the MVT A is attempting to proceed with a grant application and that redudng the number of cars the site can accommodate will result in the loss of funding. Councilmember Carlson mentioned that a condition stipulating that no liquor may be sold on the site should be added. Mayor Awada noted that additional conditions were being included which addressed monument signs, a traffic impact analysis and traffic mitigation measures. Discussion occurred regarding the potential for full access off Yankee Doodle Road. Councilmember Masin moved, Councilmember Bakken seconded a motion to approve a Comprehensive Guide Plan Amendment that would establish a CA, Central Area Land Use Guide Plan designation upon 4.5 acres of existing 1-35E right-of-way located south of Yankee Doodle Road and between Not Knob Road and 1-35E in the northwest 1/4 of Section 15. Aye: 5 Nay: 0 Councilmember Masin moved, Councilmember Bakken seconded a motion to approve a Final Planned Development (rezoning from undesignated to PD, Planned Development) to allow the establishment of a mixed use, retail and transit fadlity upon 4.5 acres of existing 1-35E right-of-way located south of Yankee Doodle Road and between Not Knob Road and 1-35E in the northwest 1/. of Section 15 subject to the following conditions: 1. The Metropolitan Council shall approve and the City Council shall implement the requested Comprehensive Guide Plan Amendment. 2. The subject property shall be platted. EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 7, 1999 PAGE 9 00256 3. Prior to development activity occurring on site, the applicant and/ or developer shall enter into a Planned Development Agreement with the City. 4. The following exhibits shall be required for the Final Planned Development Agreement. Final Site Plan Final Landscape Plan Final Building Elevations and Signage Plan Ughting Plan 5. The City finds the proposed zero lot line setback (for the off-street parking area) from Pilot Knob Road to be acceptable. If determined to be acceptable, the following conditions shall apply: A. The applicant shall provide proof to the City that the County is agreeable to the placement of landscaping and fendng within their right-of-way. B. Prior to final plat approvaL the MVT A shall provide a screening plan that responds to the possibility of County road improvements necessitating the removal of screen plantings. 6. A zero lot line is an acceptable parking deck setback from I-3SE right-oI-way. 7. The 68 parking stalls as proposed is sufficient to satisfy the parking requirement for the retail space. 8. All retail parking spaces shall be signed and reserved for use by retail patrons. 9. All mechanical equipment (rooftop of ground mounted) shall be screened from view of public rights-of-way. 10. All City Sign Code requirements shall be met. 11. All site lighting shall be hooded to deflect light away from adjacent properties and public rights-oI-way. 12. The MVT A shall be responsible for the extension of sanitary sewer across Pilot Knob Road (County Road No. 31) to serve the proposed retail buildings on the site. The MVT A shall be responsible for obtaining the necessary permit approvals from Dakota County for this construction. 13. The MVT A shall include the parking area encroachment within the proposed plat. 14. The MVT A shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to building and grading permit approvals. 15. The applicant shall pay a cash dedication of $17,500 in satisfaction of the City's water quality requirements. 16. The area of the subject devoted to retail uses (buildings and supportive parking) shall be subject to a cash parkland dedication of $3,376 per net acre and a cash trailway dedication of $920 per net acre. EAGAN CITY COUNaL MEETING MINU1'F5; SEPTEMBER 7,1999 PAGE 10 00257 17. That the uses of the proposed retail area be convenience uses for the park & ride user and not destination oriented. 18. The following uses will be prohibited. Any establishment requiring a liquor license Department stores Junior department stores Hardware Theater Small vehicle or boat sales Amusement rooms Health and sports clubs Garden store Motel or hotel Multiple dwelling complex Public utility tower 19. Entrance signs will be monument signs as described in the City Code. 20. The MVT A will be responsible for a traffic impact analysis on the adjacent roadway network for the expansion of the Yankee/Pilot Knob MVT A Park & Ride. 21. The MVT A will be responsible for any and all modifications needed to mitigate any adverse traffic impacts due to the expansion of the Yankee/Pilot Knob MVT A Park & Ride. Aye: 4 Nay: 1 (Councilmember Carlson opposed) Coundlmember Bakken said that, at a future Council work session. the Council could discuss pylon signage for AI Baker's and SuperAmerica in an effort to mitigate visibility impacts. Mr. Baell requested that future notifications of public meetings be sent to the business address and also to the property owner. lUVERPAIU< PRELIMINARY PD CONFIRMATION - BLUE CROSS BLUE SmELD City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Bakken moved, Coundlmember Carlson seconded a motion to confirm that the refined site layout design is consistent with the originally approved RiverPark Preliminary Planned Development. Aye: 5 Nay: 0 Mayor Awada recessed the meeting at 9:30 p.m. She reconvened the meeting at 9:45 p.m. Mayor Awada moved, Councilmember Masin seconded a motion to move Item A of New Business, Certification of the Preliminary 2000 Property Tax Levy, to the last item of New Business. Aye: 5 Nay: 0 ~:I_I REZONING - CITY OF EAGAN FOR PROPERlY PRESENTLY OWNED BY THE U.S. POSTAL SERVICE O~ JOHNNY CAKE JUDGE ROAD EAGAN CI1Y COUNCIL MEETING MINUTF5; SEPTEMBER 7, 1999 PAGE 11 00258 City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. An attorney from Winthrop and Winestein, representing the U.S.P.S., stated that his client is displeased with the rezoning of the property and said it will result in significant economic loss. He added that the U.S.P.S. will have to hold onto their property and seek other remedies. He further added that if the property is not developed, no taxes will be paid on the parcel. He said that the City is going beyond what is required with the draft Comprehensive Guide Plan. A representative of Dominion added that their company has a purchase agreement with the U .S.P .5. to develop the property as rental housing. He further added that the U .S.P .5. has the ability to develop the property as high density. He said they are in opposition to the rezoning to R-l. He noted that they are not interested in maximizing the density on the site. He stated that they are considering submitting a Planned Unit Development. John Wilmus, representing EHW Properties, mentioned that they had submitted a written objection to the downzoning of this property. John Mullaney, 1585 Wexford Circle, said he supported the downzoning of the property. He stated that the entire area has a significant amount of medium and high density development. He expressed concern about increased traffic. He stated that the Oakridge School is no longer open to open enrollment. Karen Flood, 1518 Lone Oak Road, questioned why the Council was rezoning the property at this time. She said that they would be able to defer any action on rezoning to August of 2000. She further said that this land could be used to build affordable housing units. Tamara Higgs, 4299 Pintail Court stated that she was opposed to the density and expressed concern with extreme traffic volumes their neighborhood is full of housing. She said that she was not opposed to affordable housing but noted that the developer had presented three different proposals at various meetings, which did not all appear to support the concept of affordable housing. She indicated her support for the rezoning to R-1. Paul Lindemann, 4294 Wexford Way, commented on the petition that had been submitted by residents in support of the rezoning. Resident Sharon Carter stated that the area already has a large diversity of housing types. She requested the City Council carefully examine what type of development is being proposed for the area. Michael Higgs, 4299 Pintail Court, stated that the schools in the area are already at or near capacity. He expressed concern with traffic, noise and density and said he was in support of the rezoning to R-l. Councilmember Masin questioned why the property was being rezoned. Mayor Awada stated that the land is designated D-ll in the Comprehensive Guide Plan and added that the Comprehensive Guide Plan Subcommittee believed the R-l zoning designation or a small lot single-family development would be more suitable for the site. Mayor Awada further stated that many of the surrounding properties are now, through developer actions, zoned R-l. Councilmember Carlson noted that the State mandates that the Comprehensive Guide Plan supercede zoning. Mayor Awada commented on the fact that the site is not on the tax rolls, is undeveloped and said it is appropriate for the City to review the zoning. Councilmember Masin moved to continue the Rezoning. The motion failed for lack of a second. EAGAN CITY COUNOL MEETING MlNUTfSi SEPTEMBER 7,1999 PAGE 12 00259 Coundlmember Bakken moved, Councilmember Carlson seconded a motion to approve a Rezoning of 6.3 acres from R-4, Mixed Residential to R-l, Single Family Residential located south of Diffley Road and east of Johnny Cake Ridge Road, in the NW 1h of Section 28. Aye: 4 Nay: 1 (Coundlmember Masin opposed) REZONING - CITY OF EAGAN FOR PROPERlY PRESENTLY OWNED BY EHW PROPERTIES LOCATED IN THE SOUTHEAST CORNER OF DIFFLEY RD. AND JOIDJNY CAKE JUDGE RD. City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. John Wilmus, representing EHW Properties, referenced a letter submitted in opposition to the rezoning of the property. Coundlmember Bakken moved, Mayor Awada seconded a motion to approve a Rezoning of 8.6 acres from RB, Roadside Business to R-l, Single Family Residential located south of Diffley Road and east of Johnny Cake Ridge Road, in the NW 1/. of Section 28. Coundlmember Masin inquired if the developer will get reimbursed for the assessments that were paid for the installation of commercial utilities. City Attorney noted that when a property is upzoned there is no additional charge for assessments and when a property is downzoned no reimbursement is provided. Coundlmembers noted that the reasons to support the rezoning were the same as those for the U.S.P.S. property. Councilmember Carlson stated that this area has a diverse housing mix and added that the City Coundl is not trying to make the whole area R-1 but is attempting to strike a balance. A vote was taken on the motion. Aye: 4 Nay: 1 (Coundlmember Masin opposed) REZONING - GRA.MER.CY CORPORATIO~ City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Bakken moved, Coundlmember Carlson seconded a motion to approve the 99 - 6 3 Rezoning from NB, Neighborhood Business to LB, Limited Business of a 4.9 acre parcel of land located north of Yankee Doodle Road and east of Coachman Road. Aye: 5 Nay: 0 Coundlmember Bakken moved, Coundlmember Carlson seconded a motion to allow the establishment of a "retirement home" within an LB, Limited Business zoning district upon a 4.9 acre parcel of land located north of Yankee Doodle Road and east of Coachman Road subject to the following conditions: 1. The subject property shall be platted. 2. Trash handling activities shall occur within the principal structure. 3. All site signage shall comply with City Code requirements. 4. Tree protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Une or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. EAGAN CITY COUNCIL MEE11NG MINU'I'fS; SEPTEMBER 7,1999 PAGE 13 00260 5. The applicant shall contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fendng. 6. According to the Oty of Eagan Tree Preservation Ordinance the required tree mitigation calculates to the installation of one-hundred thirty-five (135) category A trees, or two- hundred seventy (270) category B trees, or five-hundred forty (540) category C trees, or an equivalent combination of these trees. Mitigation shall be in addition to any dty required landscaping. 7. Ponding shall be conducted in the eastern portion of the site to provide on-site treatment for runoff from this parcel. The pond excavation should incorporate a 10 foot wide aquatic bench extending from NWL to 1 foot below NWL and side slopes below the aquatic bench shall be 3:1 to a maximum depth of 6.5 feet. The two ponding areas shall have a combined minimum wet volume of 0.6 acre-feet. 8. This development would be responsible for a cash parks dedication and a cash trails dedication. 9. A private access drive shall be constructed in the northeast comer of the site to provide a future secondary access to potential public streets within the adjacent easterly parcel. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a Conditional Use Permit to allow a structure exceeding 30 feet in height within an LB, Limited Business zoning district upon a 4.9 acre parcel of land located north of Yankee Doodle Road and east of Coachman Road. Aye: 5 Nay: 0 Councilmember Bakken moved, Mayor Awada seconded a motion to approve a Final Plat (Gramercy Park of Eagan) of a 4.9 acre parcel of land located north of Yankee Doodle Road and east of Coachman Road in the SW 1/. of Section 9. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT - C.M. ARCHITECTURE &t OPUS City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff r!!port. In response to a question by Counci1member Masin, Senior Planner Ridley responded that it would b-e unlikely that there would be enough space for a full service hotel next to the proposed Slumberland. Gary Fagerstrom, C.M. Architecture, commented on the desire for a deviation from architectural si;andards and signage guidelines. Councilmember Carlson moved, Mayor Awada seconded a motion to approve a Planned Development Amendment to the Eagan Promenade and a Final Planned Development for 70,000 square feet (If retail space in two buildings, two pylon signs and two changes to the building materials, for part of Lot 9, Block 2, Eagan Promenade subject to the following conditions: 1. The developer shall obtain approval from the property owner of Parcel 010-57 for grading on that property. 2. Parking and proof of parking area shall be provided at a ratio of 1 stall to 200 square feet. 3. The landscaped plan shall be revised according to the comments in the staff report and all plant materials shall meet the minimum size specifications of the City Code. 00261 EAGAN O'IY COUNCIL MEETING MINUTE5; SEPTEMBER 7, 1999 PAGE 14 4. The preliminary grading plan depicts grading on the adjacent property to the west, Parcel 010-57. The developer shall be responsible for obtaining approval from the property owner of Parcel 010-57 for grading on that parcel. 5. This development shall provide a private ingress/egress easement document covering the service drive stubbed to Parcel 010-57 to the west. This easement document shall be reviewed and approved by the City Attorney prior to building permit approval for this development. 6. Setbacks shall be as shown on the site plan dated July 29, 1999. 7. The landscape plan shall be revised to incorporate the suggestions in the staff report. All plant materials shall meet the minimum size specifications of the City Code. 8. All outside dumpsters shall be screened with an enclosure made of materials to match the principal building and with gates that are 90% opaque. 9. Building materials shall be limited to 75% in brick, stucco, metal and glass, in colors and architectural design complementary to the Eagan Promenade in-line and community retail centers. 10. Each building is allowed one pylon sign. up to 25 feet in height and 125 square feet in area. Setbacks shall be ten feet from any property line. 11. Wall signage shall be allowed on the north building elevation only, up to 15% of the area of the fal;ade. 12. The pole and building mounted light fixtures shall be the same as was used throughout the rest of the Eagan Promenade for site lighting. Cound1member Carlson said that she supported the request to deviate from the architectural and signage guidelines since Slumberland is a separate entity from the Promenade. She mentioned that building materials for other structures in the area of the Promenade are not similar in appearance. Mayor Awada noted that all other buildings were included in the Promenade Planned Development, which required the building materials to be of a higher quality. Senior Planner Ridley explained that the architectural guidelines for all other buildings were consistent. Cound1member Carlson stated that she supported condition 9b and lOa, regarding building materials and the pylon sign. Mayor Awada added that the parcels in the back of the Promenade are separate. She further added that the Council recently approved a full-service hotel on Pilot Knob Road near 494, which satisfies the City's need for such a facility. Counci1member Masin said she would not support this proposal because she believes the City should hold out for a hotel in this area. A vote was taken on the motion. Aye: 4 Nay: 1 (Counci1member Masin opposed) COMPREHENSIVE GUIDE PLAN AMENDMENT - WOODCllEST CHURCH City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Counci1member Masin moved, Coundlmember Bakken seconded a motion to approve a Comprehensive Guide Plan Amendment on 1.5 acres from 0-1 Residential (0-3 units/acre) to PF (Public Facility). Aye: 5 Nay: 0 EAGAN CITY COUNaL MEE'I1NG MINU1'fS; SEPTEMBER 7,1999 PAGE 15 00262 Councilmember Masin moved, Coundlmember Bakken seconded a motion to approve a Rezoning on 1.5 acres from A (Agricultural) to P (Public Fadlity). Aye: 5 Nay: 0 Councilmember Masin moved, Councilmember Carlson seconded a motion to approve a Rezoning on 12 acres from R-l (Single Family) to P (Public Fadlity). Aye: 5 Nay: 0 Councilmember Masin moved, Councilmember Carlson seconded a motion to approve a Final Plat on 13.5 acres located at the NE comer of Cliff Road and TH 3. Aye: 5 Nay: 0 WAIVEll OF CITY CODE REQUIREMENTS - TYLER JAY COMPANY City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Jay Clark, applicant, provided a history of the parcel and explained the reason he was requesting a building permit prior to platting. He further explained the reasons supporting the request to waive the requirement for a Conditional Use Permit, which included the fact that outside storage has occurred on this parcel for years and added that the use of the property is not changing. Mayor Awada moved, Councilmember Bakken seconded a motion to approve the issuance of a building permit for property located at the west end of Meadowview Road in the NE 1/. of Section 8 prior to platting of the property. Aye: 5 Nay: 0 Mayor Awada moved, Councilmember Masin seconded a motion to deny the request to waive the requirement for a Conditional Use Permit for outdoor storage. Mayor Awada stated that the City Code requires a CUP for new construction. A vote was taken on the motion. Aye: 5 Nay: 0 CERTlFlCAno~ OF THE PRELIMINARY 2000 PROPERTY TAX LEVY, APPROVAL OF THE PRELIMINARY 2000 GENERAL FUND OPERATING BUDGET, APPROVAL OF THE TRUfH-IN-TAXATIO~ HEARING DATES, AND CHANGE DECEMBER 1999 CITY COUNOL MEETING DATES Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the preliminary 2000 property tax levy as follows: Oty Operations MVT A Opt-Out Transit Cedarvale Spedal Services District $14,168,200 2,110,918 5,000 Aye: 5 Nay: 0 Counci1member Bakken moved, Councilmember Carlson seconded a motion to approve the preliminary 1999 General Fund Operating Budget balanced at $18,200,000. Aye: 5 Nay: 0 Coundlmember Bakken moved, Mayor Awada seconded a motion to approve the Truth-in-Taxation hearing dates as follows: 1. Initial Hearing - Monday, December 6,1999 2. Continuation Hearing - Monday, December 20,1999 EAGAN CITY COUNaL MEETING MIN1JTES; SEPTEMBER 7,1999 PAGE 16 00263 Aye: 5 Nay: 0 Councilmember Bakken moved, Coundlmember Carlson seconded a motion to reschedule the December City Council meetings to Monday, December 6, 1999 and Monday December 20, 1999. Aye: 5 Nay: 0 ..- The meeting adjourned at 11:10 p.m. to an Executive Session for the purpose of discussing status/ direction for the Cliff Road/Pilot Knob Road Water Treatment Plant and the Oak Chase assessment appeal. Present were Mayor Awada and Councilmembers Masin, Blomquist, Carlson and Bakken, City Administrator Tom Hedges, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon for the Water Treatment Plant item. Coundlmember Blomquist and City Attorney Sheldon then excused themselves while special attorney Jack Clinton jointed the meeting for the Oak Chase appeal discussion. September 7, 1999 Date MLK 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, (TOO phone: (651) 454-8535). The Oty 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.