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06/03/1997 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota June 3, 1997 OCl83 A regular meeting of the Eagan City Council was held on Tuesday, June 3, 1997 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Egan and CounciImembers Wachter, Masin and Blomquist. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. CounciImember Awada was absent. AGENDA City Administrator Hedges stated that, if time permitted, the City Council could discuss consideration of parking and building facilities on the Municipal Campus site prior to Public Hearings. He also mentioned that Items 1 and 2 on the Administrative Agenda under City Administrator could be added to the Consent Agenda if the Council desired. CounciImember Wachter moved, CounciImember Blomquist seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 MINUTESOF.THEitdAY1~,1997 REGULAR MEETING CounciImember Blomquist moved, CounciImember Masin seconded a motion to approve the minutes as presented. Aye: 4 Nay: 0 MINUTES OF THE MAY 19,1997 SPF;CIAL MEETING CounciImember Blomquist moved, CounciImember Wachter seconded a motion to approve the minutes as presented. Aye: 4 Nay: 0 MINUTESPJ;':['HEMAY 1~, 1997 SPECIAl.. MEETING CounciImember Wachter moved, CounciImember Blomquist seconded a motion to approve the minutes as presented. Aye: 4 Nay: 0 DEPARTMENT HEAD BUSINESS PRESENTATION, 1996 ANNUAL FINANCIAL REPORT City Administrator Hedges provided an overview on this item. Finance Director VanOverbeke introduced David Hinnenkamp of Kern, DeWenter, Viere, Ltd who presented the December 31, 1996 Comprehensive Annual Financial Report. He also discussed the management letter and the schedule of federal financial assistance. CounciImember Wachter stated he would like to be able to further review the documents and possibly comment at a subsequent City Council meeting. CounciImember Masin moved, CounciImember Wachter seconded a motion to receive and accept the December 31, 1996 Comprehensive Annual Financial Report. Aye: 4 Nay: 0 CONSIDER PROCESS TO PROCEED WITH FURTHER CONSIDERATION OF PARKING & BUILDING FACILITIES ON THE MUNICIPAL CAMPUS SITE (This item was on the Administrative Agenda) City Administrator Hedges provided an overview on this item. CounciImember Wachter stated that he had requested the City Council discuss providing staff with the direction to pursue a formalized master plan on the timeline, financing and other issues relative to proposed development of an amphitheater, pool, second sheet of ice, parking and other possible uses for the Municipal Campus. CounciImember Masin said she thought that when the original design was being completed for the Ice Arena the architect had tried to incorporate a pool in those plans. She added that the City Council gave the Advisory Parks Commission a charge to bring back a parks system program and that this issue is one EAGAN CITY COUNCIL MEETING MINUTES; JUNE 3, 1997 PAGE 2 oe184 they should address within that scope. CounciImember Wachter noted that this will be a joint effort between the City Council and the APC, but he said that this request should remain with the City Council for now. CounciImember Blomquist stated that the request being made is what the City Council had envisioned in the past. She further stated that this request is in keeping with the Parks Master Plan and she agreed that it should remain at the City Council level for now. Mayor Egan agreed that it should parallel the Parks Master Plan and that it should stay at the Council level also. He suggested getting CounciImember Awada's input. CounciImember Masin restated that she thought the APC was given this charge. City Administrator Hedges noted that the City Council did give a charge to the APC last fall asking them to suggest how the money in the park site fund should be spent with regard to the Parks Master Plan. He added that the architect for the Civic Arena was asked to take into account expansion of the facility for a second sheet of ice. Director of Parks and Recreation Vraa concurred with City Administrator Hedges and added that CounciImember Wachter's request has not been laid out in a formalized plan. CounciImember Masin said she was sure the pool was taken into consideration. Vraa indicated that was correct, but he said that the amphitheater and pool together were not addressed at that time. CounciImember Blomquist said that CounciImember Wachter is only requesting a plan be prepared showing how everything would layout on the site and also the cost. CounciImember Masin requested to see the plans from the design of the Civic Arena and also the pool. CounciImember Wachter moved, CounciImember Blomquist seconded a motion to direct staff to pursue a formalized master plan on the timeline, financing and other issues relative to proposed development of an amphitheater, pool, second sheet of ice, parking and other possible uses for the Municipal Campus. Aye: 4 Nay: 0 FISCAL DISPARITIES DISCUSSION CounciImember Wachter said he would like to see if the Legislature would consider the use of fiscal disparities to reduce property taxes. He further said if that is not an option he would like to have City Administrator Hedges contact Bob Renner, Municipal Legislative Commission lobbyist, to see if the Legislature would consider allowing the City to allocate $5 million of the City's mandatory contribution for fiscal disparities and designate it toward the construction of the Twins Stadium. Direction was provided for City Administrator Hedges to check on both suggestions offered by CounciImember Wachter. CONSENT AGENDA A. Personnel Items Item 1. It was recommended to accept the resignation of Jeffrey Tupy from his position as a street maintenance worker and authorize filling the position. Item 2. It was recommended to accept the resignation of Greg Schindler from his position as a park maintenance worker and authorize filling the position. Item 3. It was recommended to accept the resignation of Steve Dorgan from his position as an Associate Planner. Item 4. It was recommended to approve the hiring of Lynn Hanson and Matt Hanson as seasonal park maintenance workers. Item 5. It was recommended to approve the hiring of Katy Plotcher as a seasonal park attendant. Item 6. It was recommended to approve the hiring of Marc Shipee as a seasonal tree inspector. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 3,1997 PAGE 3 OC185 Item 7. For information only. The person hired for the part-time building maintenance worker is Elizabeth Riel. B. Appointment of City representatives to Gun Club Lake and Black DoS! WMO Boards. It was recommended to appoint Design Engineer John Gorder and re-appoint Water Resources Coordinator Rich Brasch to represent the City of Eagan on the Board of the Gun Club Lake Watershed Management Organization (GCLWMO). To re-appoint Scott Merkley to fill the citizen representative position for the City of Eagan on the GCLWMO Board. To re-appoint Department of Public Works Director Tom Colbert to fill the alternate position for the City of Eagan on the GCLWMO and to fill the City of Eagan's Board position on the Black Dog Watershed Management Organization C. Recommendation, Airport Relations Commission, request for MAC study of relationship of weather to corridor compliance. It was recommended to approve a recommendation by the Airport Relations Commission that the City request a study by the Metropolitan Airports Commission of the relationship between weather systems and levels of non-compliance with the Eagan-Mendota Heights corridor procedures. D. Approve of purchase agreements, Highway 55 Redevelopment District, 845 and 855 Lone Oak Road homes. It was recommended to approve purchase agreements for the William Lengemann home at 845 Lone Oak Road and the Celeste Straw home at 855 Lone Oak Road for purposes of removal and redevelopment as a part of the Eagan Business Commons project within the Highway 55 redevelopment district. E. Contract 97-08, receive bids/ award contract (Wescott & Pilot Knob Rds. - Signal Revision). It was recommended to receive the bids for Contract 97-08 (Wescott & Pilot Knob Roads - Signal Revision), award the contract to the lowest responsible bidder and authorize the Mayor .and City Clerk to execute all related documents. F. Contract 97-01A, approve plans/ authorize ad for bids (Signal EVP - Installation). It was recommended to approve the plans and authorize the advertisement for a bid opening to be held at 10:30 a.m. on July 10,1997, for Contract 97-01A (Comprehensive Signal Emergency Vehicle Pre-emption installation). G. Extension for recording the final plat of Safari At Eagan 3rd Addition - Fortune Realty. It was recommended to approve a request for an extension to filing and recording the approved Final Subdivision for Safari at Eagan 3rd Addition until August 1, 1997. H. Final Planned Development - Wheatstone Restaurant Group, LLC for Lot 3, Block 2, Eagan Promenade (Houlihan's). It was recommended to approve a Final Planned Development to allow a 6,650 sJ. Class I restaurant (Houlihan's) on Lot 3, Block 2, Eagan Promenade. I. Settlement - Citi-Cargo. It was recommended to ratify the Settlement Agreement and Stipulation of Dismissal between Citi-Cargo and Storage Company Inc. and the City of Eagan. (Mayor Egan abstained from voting on this item.) J. Parade Permit, Eagan Lions Club for Fourth of July Fun Fest. It was recommended to approve a parade permit for the Eagan Lions Club to hold the annual Fourth of July Parade on Blackhawk Road between Diffley Road and Blue Cross Road. K. Temporary beer license for Eagan Lions Club for Fourth of July Fun Fest. It was recommended to approve a temporary beer license for the Eagan Lions Club for a beer tent to be located at Sky Hill Park for the sale of beer between July 3 - 5, 1997. 1. Contract, City of Eagan and HealthEast Transportation, Inc. for pre-arrival emergency medical instructions. It was recommended to approve a contract between the City of Eagan and HealthEast to EAGAN CITY COUNCIL MEETING MINUTES; JUNE 3, 1997 PAGE 4 OG186 provide pre-arrival emergency medical instruction for residents requesting them through the City's dispatch services. (This item was continued to the June 17, 1997 City Council meeting for the purpose of allowing HealthEast's legal counsel to review the contract.) M. Set public hearing for Julv 15, 1997 for General Obligation Backing - Housing Development Revenue Bonds. It was recommended to set a public hearing for July 15, 1997 for General Obligation Backing- Housing Development Revenue Bonds. (This item was added to the Consent Agenda from the Administrative Agenda.) N. Exemption from Lawful Gambling License - Burnsville Rotary. It was recommended to approve an Exemption from Lawful Gambling License for the Burnsville Rotary to conduct a raffle at Royal Cliff, 2280 Cliff Road on December 7, 1997. (This item was added to the Consent Agenda from the Administrative Agenda.) CounciImember Wachter moved, CounciImember Masin seconded a motion to approve the consent agenda. Aye: 4 Nay: 0 PlJBUClIEARlNGS PROJECT 682, FINAL ASSESSMENT HEARING (DEERWOOD TOWNHOMES - UTILITIES) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. He noted that five objections were received. Mayor Egan opened the public hearing to anyone wishing to speak. Todd Franz, 1525 Deerwood Drive, stated that the assessment process and the taking of his property has been unfair. He said they already are connected to sanitary sewer and were previously assessed for it and feel they are not receiving any benefit to their property from the sewer pipe that was installed to provide service to the Deerwood Townhomes. Director of Public Works Colbert explained that the assessment before the City Council this evening is against Mr. Franz's residual property, which is much larger. He said the benefit is accruing to the residual property because of the ability for the Franzs to subdivide the property. Ellen Franz, 1525 Deerwood Drive, stated that there is no incentive for the City to have settled for a lower price for the easement acquisition on their property, since the costs incurred by the attorneys just get added to the assessments against the property owner. CounciImember Wachter said he would like to see the assessment history on this property. CounciImember Blomquist stated that if the Franzs have paid an assessment already she would like to defer any further assessment until such time that the property develops and she added that no interest should be charged. She further added that at this point the Franzs would not be receiving any benefit. Mayor Egan requested that the staff work out a deferment agreement with the Franzs. Gene Rechtzigel, 1620 Deerwood Drive, stated that the assessments seem to be unfair. He added that the City is trying to assess them for the unneeded portion of their property and he also felt that the school should be assessed, along with the City for the water tower parcel. Director of Public Works Colbert explained the rationale for the calculation of the assessment, adding that the school already prepaid their assessments. He commented that the City is still going through the acquisition process with regard to the water tower parcel. City Attorney Sheldon stated that the City will ultimately have to pay the same area rate assessments as the other property owners. Colbert also noted that the need for a ten-inch service pipe is for oversizing. Further discussion occurred. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 3, 1997 PAGE 5 OC187 Arlene Doehling, 1545 Deerwood Drive, stated they are also objecting to this assessment and said that their easement settlement has resulted in raising the amount of the assessment. She requested a breakdown of all the property owners and what each is being assessed. Mayor Egan commented that the City can only assess up to the special benefit realized by the property owner. Earl Doehling asked for clarification why his assessments have increased so much over the original estimated amount. Director of Public Works Colbert explained that the original amount was only an estimate and he said that the cost of the acquisition of easements greatly exceeded that amount. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. CounciImember Blomquist moved, CounciImember Wachter seconded a motion to close the public hearing and approve the final assessment roll for Project 682 (Deerwood TOwnhomes - Utilities) and authorize its certification to Dakota County and directed staff to try and negotiate a reasonable assessment deferral with Todd and Henry Franz, the Doehlings and the Rechtzigels within the next 30 days to try and avoid the filing of an assessment appeal. Aye: 4 Nay: 0 PROJECT 720, EAGAN BUSINESS COMMONS (STREETS & UTILITIES) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert introduced Mark Hanson of Bonestroo, Rosene, Anderlik & Association who provided a summary of the proposed project. Mayor Egan opened the public hearing to anyone wishing to speak. Jack Hoeschler, representing Dart Transit, stated that they object to the assessment for the watermain on Lone Oak Road since it does not benefit Dart's property. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. CounciImember Wachter moved, CounciImember Masin seconded a motion to close the public hearing and approve Project 720 (Eagan Business Commons - Streets & Utilities) and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0 V ACATE, PUBLIC EASEMENTS & RIGHTS-OF-WAY, LEXINGTON ADDITION City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council. CounciImember Wachter moved, CounciImember Blomquist seconded a motion to close the public hearing and continue action for the vacation of public easements and rights-of-way for the Lexington Addition until such time as the replat of the Lexington 2nd Addition is scheduled for Council approval. Aye: 4 Nay: 0 VARIANCE - GREG & WENDY KOCH Mayor Egan turned the meeting over to Acting Mayor Masin due to a potential conflict of interest. City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Acting Mayor Masin opened the public hearing to anyone wishing to speak. Wendy Koch, 4481 White Tail Way, explained that the addition will fit in well with the character of the neighborhood and she stated that the adjacent neighbor did not object to their request. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 3,1997 PAGE 6 0('188 There being no one else wishing to speak, Acting Mayor Masin turned the discussion back to the Council. CounciImember Blomquist moved, CounciImember Wachter seconded a motion to close the public hearing and approve a five foot Variance to the required ten foot side yard setback for Lot 12, Block 2, Fawn Ridge, located at 4481 White Tail Way in the SW 1/. of Section 25. Aye: 3 Nay: 0 (Mayor Egan abstained) Acting Mayor Masin turned the meeting back to Mayor Egan. VARIANCES - NEIL THOMPSON City Administrator Hedges provided a brief overview on this item. Senior Planner Ridley gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council. CounciImember Wachter commented that since the variance request is for a pool and not a building addition he felt it was appropriate. CounciImember Blomquist moved, CounciImember Wachter seconded a motion to close the public hearing and approve variances of 16, 15, and 20 feet to the required 30 foot building setback for a structure along a public road right-of-way for an in-ground swimming pool and equipment structure along Slater Road and Storland Road for Lot 1, Block 1, Whispering Woods 2nd Addition. Aye: 4 Nay: 0 OLD BUSINESS ORDINANCE AMENDMENT - CHAPTER 5, LIMITATION ON OWNERSHIP FOR ON-SALE LIQUOR City Administrator Hedges provided an overview on this item. Councilmember Masin moved, CounciImember Blomquist seconded a motion to approve the proposed ordinance amendment to remove the limitations on ownership of on-sale liquor licenses. Aye: 4 Nay: 0 CONTRACT 97-07, APPROVE PLANS/ORDER AD FOR BIDS (EAGAN BUSINESS COMMONS) City Administrator Hedges provided a brief overview on this item. Director of Public Works Colbert gave a staff report. CounciImember Wachter moved, CounciImember Masin seconded a motion to approve the plans and specifications for Contract 97-07 (Eagan Business Commons - Streets & Utilities) and authorize an advertisement for a bid opening to be held at 11:00 a.m., Thursday, June 26, 1997. Aye: 4 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT - SEVER'S FARM MARKET Both Conditional Use Permits for Sever's Farm Market at the Cedar Cliff Shopping Center and WaI-Mart were introduced and considered together. City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 3, 1997 PAGE 7 oe189 CounciImember Masin raised a concern about allowing seasonal outdoor sales that will compete with regular businesses that pay taxes. CounciImember Wachter said he had no objection to these types of requests as long as City Council approval is sought first. Mayor Egan agreed. CounciImember Wachter moved, CounciImember Blomquist seconded a motion to approve a Conditional Use Permit (CUP) to allow a seasonal outdoor sale consisting of a produce stand to be located in the parking lot of the Cedar Cliff Shopping Center at 2127 Cliff Road legally described as on Lot 1, Block 2, Cedar Cliff Commercial Park Addition in the SE 1/4 of Section 30 subject to the following conditions: 1. The CUP shall be recorded at Dakota County within 60 days of Council approval and submitted to the City. The CUP shall be continually subject to the following conditions: 2. The produce stand shall be allowed on the site between June 25th and September 1 sl of each year. 3. Sales shall only be permitted between the hours of 10:00 a.m. to 6:00 p.m. 4. All signage shall meet City Code requirements. 5. All produce shall be removed from the site at the closing of the stand each day. 6. No outdoor storage other than which is approved by the City shall occur on the site. 7. Drive isles shall be maintained throughout the site. 8. The site shall be maintained free of trash and debris. 9. No parking associated with the seasonal sale shall occur off-site. 10. The proposed seasonal outdoor sale shall be in compliance with the submitted site plan dated April 16, 1997. Aye: 4 Nay: 0 CONDITIONAL USE PERMIT - SEVER'S FARM MARKET CounciImember Wachter moved, CounciImember Blomquist seconded a motion to approve a Conditional Use Permit (CUP) to allow a seasonal outdoor sale consisting of a produce stand to be located in the parking lot of the Wal-Mart store at 1360 Town Centre Drive legally described as Lot 1, Block 1, Town Centre 70 Eleventh Addition in the NW 1/4 of Section 15 subject to the following conditions: 1. The CUP shall be recorded at Dakota County within 60 days of Council approval and submitted to the City. The CUP shall be continually subject to the following conditions: 2. The produce stand shall be allowed on the site between June 25th and September 1 sl of each year. 3. Sales shall only be permitted between the hours of 10:00 a.m. to 6:00 p.m. 4. All produce shall be removed from the site at the closing of the stand each day. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 3, 1997 PAGE 8 0<.'190 5. All signage shall meet City Code requirements. 6. No outdoor storage other than which is approved by the City shall occur on the site. 7. Drive isles shall be maintained throughout the site. 8. The site shall be maintained free of trash and debris. 9. No parking associated with the seasonal sale shall occur off-site. 10. The proposed seasonal outdoor sale shall be in compliance with the submitted site plan dated April 16, 1997. Aye: 4 Nay: 0 INTERIM USE PERMIT - STEININGER RECYCLE, INC. City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Greg Steininger, applicant, requested approval of a two-year permit instead of a one-year permit. Senior Planner Ridley stated that staff is concerned with issuing a two-year permit because of the potential changes along the Yankee Doodle Road corridor. CounciImember Wachter stated that he was willing to approve a two-year permit. City Administrator Hedges noted that the City Council has designated Yankee Doodle Road to be one of its first street scapes. Mayor Egan commented that he does not foresee a change in circumstances within the next two years. CounciImember Wachter moved, CounciImember Masin seconded a motion to approve an Interim Use Permit to allow continuation of concrete recycling on property described as PID #10-01300- 012-26 located in the southwest comer of T.H. 149 and Yankee Doodle Road in the NW % of Section 13, subject to the following conditions: 1. The permit shall be recorded with Dakota County within 60 days of Council action and terminate two years from the date of Council approval. 2. The slope on the western edge of the property shall be maintained through re-grading and re-seeding as necessary to prevent erosion as determined by the City. 3. Dust control procedures shall be utilized. 4. The hours of operation shall be limited to 7:00 a.m. - 7:00 p.m. Monday through Saturday. 5. The applicant, or property owner, shall install landscaping and berms along the north property edge abutting Yankee Doodle Road. 6. The operation must be in compliance with all applicable State and local regulations. 7. In the event that the permit is terminated or not renewed, all materials and equipment shall be removed from the site within 90 days. 8. No mining shall be allowed on the property. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 3,1997 PAGE 9 001.91 Mr. Steininger stated that they were asked to temporarily remove the berm along the north property edge abutting Yankee Doodle Road to allow Koch Refining to install a pipeline. Senior Planner Ridley said that staff would work with Mr. Steininger on that issue. A vote was taken on the motion. Aye: 4 Nay: 0 INTERIM USE PERMIT - SMC COMPOST SERVICES City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. John Guillemette, Manager of SMC, stated that 90% of the trees are planted and he said that the required number of trees will be exceeded. CounciImember Blomquist moved, CounciImember Masin seconded a motion to approve an Interim Use Permit to allow a yard waste compost facility on OutIots H and I, Gopher Eagan Industrial Park 2nd Addition, located north of Yankee Doodle Road at the intersection with EIrene Road, in the SW l/4 of Section 12, subject to the following conditions: 1. This permit shall be for a three year period. 2. This interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within' compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 3. Two ponding areas shall be constructed to contain runoff from the expansion on Outlot H. The design of these ponding areas is subject to review and approval of the City Water Resources Coordinator. 4. A grading/ excavation permit is required for the grading of the site. 5. A minimum of 12 evergreen trees shall be installed along the south border of each parcel to provide a continuous screen between the facility and Yankee Doodle Road. The trees shall be spaced no more than 20 feet apart and shall meet the minimum size specifications required by City Code. The landscaping shall be installed by September 30, 1997. 6. The permit shall be recorded with Dakota County 60 days of Council action. 7. The operation must be in compliance with all applicable State and local regulations. 8. In the event that the permit is terminated or not renewed, all materials and equipment shall be removed from the site within 90 days. Aye: 4 Nay: 0 REZONING - CITY OF EAGAN City Administrator Hedges provided an overview on both the rezoning for the City of Eagan and the preliminary subdivision and variance request by Maplewood Acres, Inc. Senior Planner Ridley gave a staff report. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 3, 1997 PAGE 10 OC192 CounciImember Masin stated that since this parcel has been considered for the central area park she requested the item be continued until further consideration can be given to this site for that purpose. Mayor Egan said that the City Council has all but removed this site from consideration because it is not feasible for the central area park. City Administrator Hedges reminded the City Council that approval of a rezoning request requires a four/fifth's vote of the City Council and, absent CounciImember A wad a, it would be necessary for all four CounciImembers to approve the rezoning. CounciImember Blomquist said that the rest of the City Council has accepted the fact that this is not a feasible site for the central area park because of the cost. CounciImember Masin stated she did not feel the City Council has done much comparison of the various sites. Mayor Egan disagreed noting the various sites the City Council has identified for the central area park. CounciImember Masin commented that the City Council needs to be prudent about the development of the remaining land in Eagan. She said that eliminating this site constitutes a lack of visioning on the part of the City Council and she was only willing to consider a continuance or a denial of the request. Mayor Egan reiterated that the City Council made it clear they were going to concentrate on the municipal sites because they would be more cost-effective and the other two sites identified also were less costly than this site. He said this site is not logical or prudent for a community park. Councilmember Blomquist stated it would be in the City Council's best interest to continue the item to the June 17 City Council meeting to get CounciImember Awada's input. Mayor Egan commented that the rezoning request was City-initiated and he believes the City Council is being visionary. Jack Hoeschler, representing Maplewood Acres, stated that the property owner only wants to rezone the perimeter lots. He also requested that the City Council not restrict access to Yankee Doodle Road because this would result in a number of significant problems. City Administrator Hedges noted that the reason staff has taken a strong position is per the City Council's direction regarding their concern about limiting heavy truck traffic directly onto Yankee Doodle Road. Mayor Egan stated that the City Council was trying to be visionary and protect the Yankee Doodle Road corridor. CounciImember Blomquist concurred. CounciImember Blomquist moved, CounciImember Wachter seconded a motion to continue consideration of the Rezoning of approximately 80 acres from Limited Industrial (1-1) to Business Park (BP) for property located east of Lexington Avenue and north of Yankee Doodle Road (Eagandale Corporate Center) to the June 17, 1997 City Council meeting. Aye: 4 Nay: 0 PRELIMINARY SUBDIVISION - MAPLEWOOD ACRES, INC. (EAGANDALE CORPORATE CENTER NO.2) Mayor Egan asked Mr. Hoeschler if the applicant would be willing to agree to an extension for two weeks for City Council action on the Preliminary Subdivision. Mr. Hoeschler stated that the property owner would like action tonight. City Administrator Hedges noted that there is a 120 day timeline for City Council action on a preliminary subdivision. Senior Planner Ridley stated that the City Council would be within that timeline if they continued action to the June 17 City Council meeting. CounciImember Blomquist moved, CounciImember Wachter seconded a motion to continue consideration of a Preliminary Subdivision consisting of 12 lots on approximately 110 acres located north of Yankee Doodle Road and east of Lexington Avenue in the SW 1/4 of Section 11 and a Variance to the 100-foot buffer setback requirement to allow building setback of 50 feet and parking/ drive aisle setback of 30 feet from the county roads to the June 17, 1997 City Council meeting. Aye: 4 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; JUNE 3, 1997 PAGE 11 OC193 ORDINANCE AMENDMENT, CHAPTER 11.10, SUBDIVISION 12.1 OFF-STREET PARKING & STORAGE-CLARIFYING SCOPE & STANDARDS City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. CounciImember Blomquist moved, CounciImember Wachter seconded a motion to approve an ordinance of the City of Eagan, Minnesota, amending Eagan City Code Chapter Eleven Entitled "Land Use Regulations (Zoning)" by amending Section 11.10 regarding Off~Site Off-Street Parking; and by adopting by reference Eagan City Code Chapter 1 and Section 11.99. Aye: 4 Nay: 0 CONSIDERATION OF INTERIM ORDINANCE FOR ALL D-II DESIGNATED PROPERTY IN THE COMPREHENSIVE GUIDE PLAN City Administrator Hedges provide an overview on this item. CounciImember Blomquist suggested that the Comprehensive Guide Plan Land Use Map should contain a legend indicating that the D-II properties are shown in gold. City Administrator Hedges noted that this interim ordinance is not singling out any parcels, but rather will apply to all D-II parcels in the City. CounciImember Masin moved, CounciImember Wachter seconded a motion to approve an ordinance of the City of Eagan Minnesota, adding City Code Chapter Twelve entitled "Comprehensive Guide Plan and Land Use Regulations - Interim Use Study", and by adopting by reference Eagan City Code Chapter 1 and Section 12.99. Aye: 4 Nay: 0 PRELIMINARY & FINAL PLANNED DEVELOPMENT - DAMONE GROUP, LLC City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. CounciImember Wachter moved, CounciImember Masin seconded a motion to approve a Preliminary and Final Planned Development to allow an assisted living residence facility on Lot 1, Block 1, Pilot Knob Heights 1st Addition in the SW 1/4 of Section 15 subject to the following conditions: 1. The proposed facility shall provide care for elderly residents in a one-story building as proposed on the site plan submitted. 2. Execution of a Final Planned Development Agreement. 3. The developer shall install tree protective measures (i.e. 4 foot polyethylene laminate safety netting) at the drip line or at the perimeter of the critical root zone, whichever is greater, of significant trees/woodlands to be preserved. 4. The developer 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. 5. The developer shall dedicate sufficient drainage and utility easements over the existing sanitary sewer and water main lines along the west and south edges of the site to achieve 20 feet of easement centered over the utility lines. 6. The developer should relocate the larger plants shown within the area of the proposed drainage and utility easements to areas outside of the proposed easement area, or substitute them with plants that do not grow very tall (e.g. small shrubs and flowers) or have deep root systems. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 3, 1997 PAGE 12 OC194 7. This development shall be responsible for cash parks and trails dedication. 8. Water quality mitigation requirements shall be met through on-site ponding. 9. The design of the detention pond must incorporate an aquatic bench for safety purposes as per the City of Eagan's detention basin design standards. 10. If after review by the City it is decided that additional parking is needed based on extensive on-street parking, additional parking stalls must be provided within one year. Aye: 4 Nay: 0 CounciImember Wachter moved, CounciImember Masin seconded a motion to approve a Variance to the Shoreland Ordinance (Section 11.21 & Subd. 8, D.3.d.) to allow 35.3% impervious lot coverage on Lot 1, Block 1, Pilot Knob Heights 1st Addition in the SW % of Section 15, subject to the following conditions: 1. Water quality mitigation requirements shall be met through on-site ponding. 2. The design of the detention pond must incorporate an aquatic bench for safety purposes as per the City of Eagan's detention basin design standards. Aye: 4 Nay: 0 CONSIDER REQUEST FOR NO PARKING, NORTH & SOUTH RUBY COURT Director of Public Works Colbert gave a staff report. He noted that the Homeowners Association of the Diffley Commons Villa and Garden Homes has requested the restriction of on-street parking and a reduction in the speed on North and South Ruby Court. He explained that the City can lower the speed limit of residential streets that are a quarter of a mile or less to 25 mph. CounciImember Blomquist moved, Mayor Egan seconded a motion to approve the request to restrict on-street parking and reduce the speed limit to 25 mph on North and South Ruby Court. Aye: 4 Nay: 0 LEGISLATIVF/INTERGOVERNMENTAL AFFAIRS City Administrator Hedges commented that he and CounciImembers Masin and Blomquist attended the AMM meeting where Mayor Egan relinquished the Presidency of the AMM. ADMINISTRATIVE AGENDA CONSIDER PROCESS TO PROCEED WITH FURTHER CONSIDERATION OF PARKING & BUILDING FACILITIES ON THE MUNICIPAL CAMPUS SITE This item was considered prior to Public Hearings. SET PUBLIC HEARING FOR JULY 15, 1997 FOR GENERAL OBUGA TION BACKING - HOUSING DEVELOPMENT REVENUE BONDS This item was considered on the Consent Agenda. EXEMPTION FROM LAWFUL GAMBLING LICENSE - BURNSVILLE ROTARY This item was considered on the Consent Agenda. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 3, 1997 PAGE 13 Of195 CONTRACT 97-11, OLD SIBLEY HIGHW A Y/EAGAN HEIGHTS TOWNHOMES City Administrator Hedges provided an overview on this item. CounciImember Blomquist moved, CounciImember Masin seconded a motion to approve the plans and specifications for Contract 97-11 and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, June 26,1997. Aye: 4 Nay: 0 ROUNDTABLE Director of Public Works Colbert reminded the City Council of an informational meeting scheduled for June 4 regarding the TH 13 improvements. He also mentioned that there was significant water usage in the City last Sunday. He said there was enough reserve capacity to accommodate the increased usage; however, he reminded the public that the City of Eagan has an odd/ even sprinkling restriction in place at all times. He further said that reminder notices are sent with the utility bills. He added that City staff is issuing warning tags to violators informing them of the restriction. CounciImember Blomquist commented that the portion of Inver Grove Heights that is serviced by the Eagan water supply should be informed also. Director of Public Works Colbert stated that those residents are required to be informed and comply under the Joint Powers Agreement. City Administrator Hedges mentioned that School District #191 Superintendent Jim Rickabaugh announced his resignation today. CounciImember Wachter commented that there are picture sales occurring along Pilot Knob Road on the weekends and he asked if there is some way that the patrol officers could check for permits of those vendors who are selling items along the roadsides on the weekends. City Administrator Hedges noted that he and Senior Planner Ridley will discuss this request at an upcoming Department Head meeting. CounciImember Wachter stated that no more Green Acres designations should be established in the City unless it is a legitimate request and approved by City Council action. He noted that he is concerned about outside storage that is occurring at some convenience gas stations and the potential safety hazard. Mayor Egan stated that he saw a Rooms for Rent sign on the Greg Rounds' property on Pilot Knob Road. He requested staff investigate what is occurring at that site. CounciImember Blomquist stated that she had some questions for City Administrator Hedges on the bill's list. She showed a copy of the Osman Shrine booklet, which has an article on Robert Ferguson, a resident of Eagan who has been active in the community. She said she would get additional copies for the rest of the City Council. She referenced information prepared by the County's Physical Development Division containing comments of the Dakota County Board of Commissioners with respect to MnDOT's Metro Division Transportation Systems Plan (TSP) and said there are several areas that concern the City and that it would be helpful if the City Council could continue to get copies of this in the future. CounciImember Wachter moved, CounciImember Masin seconded a motion to schedule Special City Council meetings for June 17 and 24 at 5:00 p.m. Aye: 4 Nay: 0 CHECK REGISTER CounciImember Wachter moved, Mayor Egan seconded a motion to approve the check register dated May 29, 1997 in the amount of $3,017,321.83. Aye: 4 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; JUNE 3, 1997 PAGE 14 0<.'196 ADJOURNMENT The meeting adjourned at 9:55 p.m. to an Executive Session. Present were Mayor Egan, CounciImembers Wachter, Blomquist and Masin, City Administrator Hedges, Director of Public Works Colbert and City Attorney Sheldon. 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, (612) 681-4600, (fDD phone: (612) 454-8535). June 3, 1997 Date 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.