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12/03/1997 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota December 3, 1997 00409 A regular meeting of the Eagan City Council was held on Wednesday, December 3, 1997 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, 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. II#~A Councilmember Masin moved, Councilmember Wachter seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 ~:9ffJ:~~~~ER18,1997 REGULARMEEl'lNG Councilmember Blomquist requested that on page 5, in the paragraph under Economic Development Partnership, the fifth sentence should be changed as follows, "She added that meeting locations and times are changed each meeting". Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 ~SOFl1"H;8~Ne. .0: ER18'{ . '.. 'SPEeIAVMt:~.hNG . ,......... .,"".. u.i,L.'~H" "" .,~.. . "...m . '. H...... Councilmember Wachter moved, Councilmember Blomquist seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 bWAA.TMENT~AD~tl$~ESS APPROVE EAGAN FIRE DEPARTMENT RELIEF ASSOCIATION BYLAWS AND CONTRIBUTION AGREEMENT City Administrator Hedges provided an overview on this item. Councilmember Masin moved, Councilmember A wada seconded a motion to approve the Eagan Fire Relief Association Bylaws and Contribution Agreement. Aye: 5 Nay: 0 Wn "A MEt:JING ~.,.".",.,.""",!""".,;;":,:,"",;,/",;".,,,,:..-,-,', CONSIDER A RESOLUTION APPROVING AMENDMENTS TO INTEREST RATE REDUCTION LOAN WITH CINNAMON RIDGE LIMITED PARTNERSHIP The regular City Council meeting was adjourned at 6:40 p.m. to the HRA meeting. The regular City Council meeting reconvened at 6:45 p.m. (Minutes of the HRA meeting are recorded under separate cover). _~Nr~~B,tt~s.S Councilmember Wachter moved, Councilmember Blomquist seconded a motion to direct the APrC to study a plan for the use of the City-owned Kuehne property in Patrick Eagan Park that may include cross country ski trails and other summer uses. Aye: 4 Nay: 1 (Councilmember Masin opposed) Councilmember Masin said that after the park bond referendum the APrC had been directed by the City Council to develop a plan. She further said that the APrC should develop a whole plan based on EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 3, 1997 PAGE 2 00410 the Parks System Plan and not pull out bits and pieces of land for development. Mayor Egan stated that the APrC did present a plan to the Council which was based on the scenario that there is approximately two million dollars available for park purposes. City Administrator Hedges noted that Part ill of the CIP includes a portion of the two million dollars. Councilmember A wada said that the APrC should not expend a lot of money on the study of a plan. She asked if the amphitheater should be included in this study. Mayor Egan stated that the amphitheater should be looked at in conjunction with the study of Patrick Eagan Park. He added that the Rotary Club never really felt the amphitheater would be located on the municipal campus. He further added that they have been considering locating the amphitheater at Patrick Eagan Park. Councilmember Blomquist stated that this is a small issue and the plan should not involve much cost. Councilmember Wachter said that he would like the APrC to study this property and develop a plan for the future when financing is available. Councilmember Masin indicated she was opposed because she feels the Council should prioritize and devise an overall plan for development of parkland in the City instead of developing land piecemeal. .~SENt;~GENt>A In regard to Item A2, Resignation/ Administrative Clerical Technician ill - Jane Hovind, City Administrator Hedges commented that Ms. Hovind has worked at the City for the past 13 years and has now taken a position at another company. He said that she will be missed and he added that he has appreciated the work she has done over the years and her commitment to the City. Mayor Egan also commented on how pleasant and delightful Ms. Hovind was to interact with over the years and he wished her the best in her new endeavor. A. Personnel Items Item 1. For information only. Mary Jensen was hired for the position of the part-time Receptionist at the Municipal Center and Cynthia Scipioni was hired for the position of part-time Records Clerk at the Police Department. Item 2. It was recommended to accept the letter of resignation from Jane Hovind, Clerical Technician ill in Administration. B. Recommendation, Airport Relations Commission, resolution calling for the upgrade and reactivation of the Metropolitan Airports Commission ANOMS Flight Tracking System. It was recommended to approve a resolution recommended by the Airport Relations Commission calling upon the Metropolitan Airports Commission to promptly upgrade and reactivate its ANOMS Flight Tracking System. 97-101 C. On-Sale Liquor License, Sidney's of Eagan, Inc., 3330 Pilot Knob Road. It was recommended to approve an on-sale liquor license for Sidney's Restaurant to be located at the site of the former Eagan Athletic Club at Pilot Knob Road and Marice Drive. D. Tobacco License, Wheatstone Restaurant Group, LLC dba Houlihan's, 1294 Promenade Place. It was recommended to approve a tobacco license for Wheatstone Restaurant Group, LLC, dba Houlihan's, located at 1294 Promenade Place. (Councilmember Wachter opposed) E. Contract 97-16, approve final payment/ authorize City maintenance, (Slater Rd. - Sidewalk Improvements). Approve the final payment for Contract 97-16 (Slater Road - Sidewalk Improvements) in the amount of $7,812.36 to Minnesota State Curb and Gutter, and accept the improvement for perpetual City maintenance subject to warranty provisions. EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 3, 1997 PAGE 3 00411 F. Contract 95-14, approve final payment/ authorize City maintenance, (Clemson Drive - Street & Utility Improvements). It was recommended to approve the final payment (Clemson Drive - Street and Utility Improvements) in the amount of $71.00 to United Fire and Casualty Co., and accept the improvement for perpetual City maintenance subject to warranty provisions. G. Contract 95-FFF, acknowledge completion/ authorize City maintenance, (Delosh Addition - Street & Utility Improvements). It was recommended to acknowledge the completion of Contract 95-FFF (Delosh Addition - Street and Utilities) and authorize perpetual City maintenance subject to warranty provisions. H. Contract 97-15, approve change order #3, (Mulcahy Addition - Sanitary Sewer Improvements). It was recommended to approve change order #3 to Contract 97-15 (Mulcahy Addition - Sanitary Sewer Improvements) and authorize the Mayor and City Clerk to execute all related documents. I. 1998 License Renewals for refuse haulers, pet shop, tree contractors, stable, paintball facility, commercial fertilizer applicators and tobacco/cigarette sales. It was recommended to approve the 1998 license renewals for refuse haulers, pet shops, tree contractors, stable, paintball facility, commercial fertilizer applicators and tobacco/cigarette sales as attached in Exhibit A. J. Project 728, authorize feasibility report, (Evergreen Park - Street Improvement). It was recommended to authorize the preparation of a feasibility report for Project 728 (Evergreen Park Addition - Street Improvements). K. Project 729, authorize feasibility report, (Wilderness Run 5th & 6th - Street Improvement). It was recommended to authorize the preparation of a feasibility report for Project 729 (Wilderness Run 5th and 6th Additions - Street Improvements). L. Project 732, authorize feasibility report, (Oak Pond Road & Oak Pond Circle - Street Improvement). It was recommended to authorize the preparation of a feasibility report for Project 732 (Oak Pond Road and Oak Pond Circle - Street Improvement). M. Construction/Demolition Debris License for Kieger Enterprises, 1075 Harriet Lane, Roseville. It was recommended to approve a construction/ demolition debris license for Kieger Enterprises as presented. N. Approve 1998 South Metro Drug Task Force loint Powers Agreement. It was recommended to approve the 1998 South Metro Drug Task Force Joint Powers Agreement. O. Ap"rove resolution authorizing the refunding of the Cinnamon Ridge multi-family housinlJ revenue bonds. It was recommended to approve the resolution authorizing the refunding of the Cinnamon Ridge multi-fanUly housing revenue bonds. 97-103 P. Robins Addition, easement vacation. It was recommended to receive the petition to vacate a sanitary sewer easement within Outlot A, Robins Addition and schedule a public hearing to be held on January 6, 1998. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 Councilmember Awada stated that at the next Comprehensive Guide Plan Subcommittee meeting the committee will be reviewing a final draft of the residential housing goals and policies and the draft will then be forwarded to the APC and City Council for review. City Administrator Hedges said that this will most likely be the last meeting on residential and economic development goals. He further said a public meeting regarding these policies will probably be held in January. EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 3,1997 PAGE 4 00412 IBm ',' ... ~~UGo~~S PROPOSED BUDGET AND PROPERTY TAX LEVY FOR 1998 City Administrator Hedges provided an overview on this item and introduced Finance Director VanOverbeke who further discussed the proposed budget and property tax levy. Mayor Egan commented that City Administrator Hedges worked very hard on the preparation of the budget along with the various departments in the City. He added that the City Council gives serious consideration to the budget process. He then opened the public hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council. Councilmember Masin complimented staff on the preparation of the budget document. City Administrator Hedges thanked Finance Director VanOverbeke and Assistant Finance Director Pepper for their hard work. Councilmember A wada commented that the amount of the transit levy is set by the Metropolitan Council and not the City Council. Councilmember Blomquist stated that she is concerned about the substantial increase in the assessed valuation of property. She said that the County and state legislature should be questioned about these large increases to valuations. Finance Director VanOverbeke indicated that ~e Dakota County Assessor's Office has provided the City with some pamphlets regarding understanding property assessments and they are available to the public. Councilmember Blomquist said that the Council should approach their legislators and inform them that the system for determining assessed valuations is not effective. Mayor Egan noted that Finance Director VanOverbeke has won the award for Finance Director of the Year every year. He said the City Council respects and appreciates all of his efforts. Councilmember Wachter moved, Councilmember Masin seconded a motion to close the public hearing and set the levy and budget considerations for action at the December 16, 1997 meeting. Aye: 5 Nay: 0 CEDARV ALE SPECIAL SERVICES DISTRICT 1998 BUDGET AND PROPERTY TAX LEVY City Administrator Hedges provided an overview on this item. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council. Councilmember Masin moved, Councilmember A wada seconded a motion to close the public hearing and approve the 1998 proposed Cedarvale Special Service District budget in the amount of $11,800. Aye: 5 Nay: 0 Itn.Jn~Jl4Ess PRELIMINARY SUBDIVISION & VARIANCE (PINETREE PASS) LUNDGREN BROTHERS, INC. City Administrator Hedges provided an overview on this item. He mentioned that Director of Parks and Recreation Vraa's efforts have been centered on presenting what he feels will constitute a balanced parkland dedication for the whole area and not just the Pinetree Pass neighborhood. Mayor EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 3, 1997 PAGES 00413 Egan noted that he talked to Terry Forbord, representing Lundgren Brothers, and the park issue was the only issue remaining to be resolved. Councilmember Wachter asked for an explanation of the various maps that the City Council received. Director of Parks and Recreation Vraa provided an explanation on the open space portion of the proposed park dedication and stated that there is the possibility that the trail would be flooded at the 100- year flood level. Mayor Egan questioned if that same situation exists elsewhere. Vraa stated that this situation is not unusual, but staff wanted to ensure the Council and neighborhood understood the potential for this to occur. Councilmember Wachter said that he is concerned with preserving the water and he further said this situation is not unusual or insurmountable. Councilmember Masin stated that this neighborhood has been looking for a suitable park to serve the area. She added that the Council should make sure that this park will have the proper amenities to serve this large area. Vraa reviewed three possible alternatives for development of the park. He said alternative 1 (the developer's plan) will result in a loss of the majority of the north/ south tree line on the existing park property and will not meet the City's standards. for a neighborhood park Vraa further explained that alternative 3 (attachment 4) would involve directing the plat to be redrawn giving up the north portion of the park to the developer for use as residential or directing the acquisition of additional land (essentially five lots.) He said that there is a resident who is concerned about the proximity of the parking lot to their home. He further said that alternative 3 would allow the parking lot to be moved further away from the resident. He noted that this alternative would result in the loss of five lots and there is some resistance by the developer to either make that a part of the dedication or sell the land to the City as land acquisition. He stated that the configuration of the park dedication needs to allow for useable space rather than simply meeting the acreage requirement. He added that there is not a lot of use for the park land up to the north because of its proximity to Cliff Road. He said that active elements of the park are typically located away from busy roads. Vraa explained that alternative 2 (attachment 5) will result in a 30% tree loss of the tree line and the acreage will still not meet City standards for a neighborhood park. He further explained that the design is still congested and raises concerns for future park user conflicts. Vraa stated that the developer's responsibility is to provide a land dedication, but he added that it is his interpretation that the City does not need to accept land that is not useable. He further stated that the City has previously determined that neighborhood parks shall be between 12 and 18 acres in size and that ten acres is the minimum acreage for a neighborhood park. Councilmember Awada asked if a plan has been drawn showing a cul-de-sac to the north. Vraa indicated that was attempted early in the design stage. Councilmember Wachter asked if the cul-de-sac would have access to Cliff Road. Director of Public Works Colbert explained that the curb cut to Cliff Road would have to be removed with the development of the property and he said the County will not allow an additional entrance. Terry Forbord, representing Lundgren Brothers, stated that a great deal of focus has been given to the park. He added that many concessions have been made by Lundgren Brothers to all of the requests by the City. He further added that alternative 3 (attachment 4) is not economically feasible unless a density transfer, perhaps townhomes, is allowed which would increase the number of units per acres. He noted that the memo from Director of Parks and Recreation Vraa is well-written and objective. He said that he was surprised to learn that their company is expected to grade the park land. He stated that alternatives 1 and 2 are feasible but not alternative 3. He further stated that the residents want a center space open to the public with trail access in addition to the active area. He noted that Lundgren has provided this balance. He referred to the cul-de-sac design mentioned by Councilmember Awada and EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 3, 1997 PAGE 6 00414 stated that this concept has been considered by their company. He discussed the cost of decreasing the subdivision by five lots and the cost of constructing a cul-de-sac. He added that they have met the park dedication requirement and said that the majority of the residents are happy with their design and they will not be able to please everyone. Councilmember Masin asked if there is any other land in the area that could be used for an active park. Vraa indicated there is additional area but it would not be suitable for park land. Councilmember Masin stated that she is not willing to give up the active park. She asked if there were other concessions the City could make in order for the development to occur. Councilmember Awada asked what concessions the developer has made. Director of Public Works Colbert stated that the installation of the additional sidewalk and trailway system exceeds what is typically installed by other developments. He noted that the City has also granted concessions in collector road classification and well site location. Councilmember Awada stated that this land has been guided as D-l and townhomes cannot be built on this parcel of land. Mayor Egan said that density transfer is not a feasible alternative. Vraa explained the anticipation was that there would be an active park dedication of approximately seven acres and, combined with the other four acres, would result in an 11 acre park. He said that because the City is taking some of the central open space as credit toward the required dedication the active space is reduced. He further said there has never been an approved master plan for this park. Councilmember Awada asked who pays for the costs of the streets in a new development if part of the land has been dedicated to the City or the City owns the land that fronts the street. Director of Public Works Colbert explained that if a pre-existing park was classified as a neighborhood park and a new development required the installation of streets and utilities adjacent to the park the costs would be spread over the neighborhood benefiting from the park. He stated that the developer would finance 100% of the cost. He further stated that if the park is classified as a community park and serves a greater service area of the community the City would need to finance its proportionate share of the frontage to the public improvements being installed. Councilmember Masin moved to approve alternative 3 (attachment 4). City Attorney Sheldon explained that the City Council has the ability to approve any part or all of the proposed preliminary plat or can deny preliminary subdivision and order the preparation of findings of fact. He said that the Council is required to take action on the entire application by the end of December. Mr. Forbord asked if the Council can approve a preliminary plat and attach conditions. City Attorney Sheldon stated that state law allows that to occur in a general sense. Councilmember Awada said that this will be a nice development, but she stated that it is important that there is a useable park configuration. She added that it is not the Council's goal to create a financial hardship for the developer but that the developer's economics cannot be the only consideration. She further added that there are ways to develop a park with the active elements and limited tree loss. She said she was willing to approve the entire plat except for the park section. She stated that the north part of the park is not needed. City Attorney Sheldon stated that the Council's authority to acquire park land comes from the Subdivision Ordinance. He said that once the property is subdivided without acquiring the park land the City reduces its ability to acquire it. Mr. Forbord asked if the City acquired additional land for park purposes from the developer would it be at fair market value. Mayor Egan stated that the City will attempt to acquire the necessary land for park purposes as a dedication from the developer, but if it is not possible to extract the land at no cost then the City will need to pay something for it. He said he was not sure if acquisition would be at market value, but he added that the acquisition would be negotiated. Councilmember Wachter asked if more lots could be built close to Cliff Road. Councilmember A wada suggested that staff be directed to make decisions regarding park boundaries, within reason of lot lines, creating buildable lots. Mr. Forbord requested that the Council approve the application for 127 lots EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 3,1997 PAGE 7 00415 in the configuration suggested by Councilmember Awada at this evening's meeting. City Attorney Sheldon summarized the representative's position stating that he was asking the Council to approve a modification to the plat which the Council had discussed. He said that he assumed the representative endorses and consents to the revision to the plat. Mr. Forbord stated that if the Council supported this modification he would prefer they vote on it tonight and he indicated that he did consent with the revision. Mayor Egan said that the park boundaries are somewhat fluid and he asked the City Attorney if he was comfortable with the Council approving the application. City Attorney Sheldon stated he was comfortable with the Council approving the application but said he was uncomfortable with the consent of the applicant. He added that he does not want an argument to surface regarding the Council approving something that was not put forth by the developer but rather something that the developer only wanted a decision on in order to appeal. He wanted to ensure that the developer was requesting the City Council approve this plat, containing the modification, not to exceed 127 lots. Mr. Forbord stated that he had a plan showing a similar modified configuration. He summarized the Council's position as being in favor of alternative 3 (attachment 4), which would be a combination of directing the plat to be redrawn giving up the north portion of the park to the developer for use as residential and purchasing additional lots if necessary. Mayor Egan stated that the Council would still need to make a decision on how the additional land would be acquired. Councilmember Blomquist stated that the developer had indicated it would not be cost-effective to install a cul-de-sac and she asked for clarification from the developer on his position. Mr. Forbord stated that it is not economically feasible to install the cul-de-sac, but he said that if this is the action the Council plans to take in two weeks he would prefer the action tonight. Councilmember Awada asked how the modified plan compared to the park plan drawn on attachment 4. Vraa indicated the revised plan was very close to the park plan identified in attachment 4. Councilmember Awada suggested the plat be approved, as modified by the developer, subject to the conditions. City Attorney Sheldon said the Council should not approve this plat until the developer puts forth the plat and offers the park dedication. Mayor Egan stated that if the developer offers this plan to the Council as a preliminary plat and it turns out to be financially unfeasible he can decide not to develop the property. Mr. Forbord requested the action be continued to the December 16, 1997 City Council meeting. Councilmember Awada moved, Councilmember Wachter seconded a motion to continue consideration of the Preliminary Subdivision (Pinetree Pass) for 127 lots and four outlots located on approximately 72 acres, south of Cliff Rd., west of Thomas Lane and Walden Drive, north of Wellington Way and east of Cambridge Drive and Covington Lane in the NE % of Section and the 2% Variance to the maximum 8% cul-de-sac grade 33 to the December 16, 1997 City Council meeting and directed staff to configure a park land dedication for a park in accordance with attachment 4 as modified. Aye: 5 Nay: 0 Paymon Najafzadeh, 1491 Thomas Lane, objected to the location of the parking lot near his house. Councilmember Masin asked for clarification on the impact of the parking lot to Mr. Najafzadeh. Director of Parks and Recreation Vraa stated that if the plat is redrawn the parking lot could be moved further to the west away from the house. Mayor Egan noted that this parcel has been very difficult to develop and Mr. Forbord has indicated he is unable to please everyone involved. PROJECT 700, (HALL ST. & TH 3 SERVICE RD. - UTILITIES) City Administrator Hedges provided an overview on this item. City Attorney Sheldon stated that it was his understanding that the Kolhoffs have agreed to a payment agreement that specifies they will be EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 3,1997 PAGE 8 00416 assessed at the time of development or connection at today's rates over a five year period at seven percent interest. Heide Kolhoff, 4880 Dodd Road, stated they have a problem with the agreement because it waives their right to appeal the improvement cost and they do not want to waive this right. She said that at the October 21 City Council meeting it was stated that if they were required to hook up at that time they would have been able to appeal the assessment cost. Councilmember A wada stated that if they were to subdivide the property they would probably have to pay the full assessment amount and would not be granted an appeal. Ms. Kolhoff asked if they would be able to retain their right to appeal the assessment or pay half the cost if they choose to connect to City utilities rather than subdivide the property. Councilmember Blomquist mentioned that if their well failed they would have to connect across a potentially buildable lot to the front of their property. She said this would affect their land and questioned the value to them. Mayor Egan stated that it was not the intent of the City Council to require the Kolhoffs to waive their right to contest benefit. He said he was willing to waive any rights to contest benefit at the time of development but not necessarily at the time of connection, especially if there was an emergency requirement for the hook up. Councilmember A wada opined that it would be acceptable for the agreement to state that they will agree to waive their right to appeal at the time of development but not waive their right if they have to connect and do not develop the property. Councilmember A wada moved, Councilmember Wachter seconded a motion to approve an agreement with David and Heide Kolhoff, 4880 Dodd Road, with the stipulation that they waive their right to appeal if they develop the property and retain their right to appeal if they connect but do not develop the property, and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 Director of Public Works Colbert asked how the connection charge should be determined if the Kolhoffs decide to hook up without developing their property. City Attorney Sheldon stated that because of the 30-year limitation the assessment agreement was changed to a payment agreement and there is no mechanism to contest. He added that this could be built into a recorded agreement against the land. Mayor Egan asked if City Attorney Sheldon felt comfortable about the City's ability to collect any costs in the event of connection by the Kolhoffs prior to development. City Attorney Sheldon stated that the Kolhoffs will have to come to the City at the time of hook up and the Council will have to determine the cost at that time. Councilmember Blomquist said she hopes the Kolhoffs will not need to hook up to the Hall Street utilities. Director of Public Works Colbert suggested that the agreement should state that if the Kolhoffs need to connect they will pay a one lot equivalent at the prevailing rates of a comparable single family lot at that time. Councilmember Awada amended her motion, Councilmember Wachter concurred with the amendment to approve an agreement with David and Heide Kolhoff, 4880 Dodd Road, stating that if the property owner connects to utilities prior to development of the property they agree to pay a one lot equivalent at the prevailing rate of a single family lot at that time and authorize the Mayor and City Clerk to execute all related documents. .bWBU~~S RESOLUTION APPROVING THE 1998 CITY FEE SCHEDULE 97-104 City Administrator Hedges provided an overview on this item. EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 3,1997 PAGE 9 0041'7 Councilmember Blomquist stated she had several questions regarding the content of the fee schedule and indicated she would be voting against this item. Director of Finance VanOverbeke indicated that on page 78 of the Fee Schedule under Radio & Pes Antennae - Document Prep, Plan Review, and Installation Inspection, the $2,000 escrow per site should be deleted. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the resolution approving the 1998 City Fee Schedule. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) Councilmember Blomquist stated that she feels the Fee Schedule needs a lot of work. INTERIM USE PERMIT - NORTHWEST AIRLINES City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Wachter moved, Councilmember Masin seconded a motion to approve an Interim Use Permit to allow construction of temporary modular classrooms at the NATCO training facility located on Lot 1, Block 1, Lone Oak Second Addition, in the NE V. of Section 1, subject to the following conditions: 1. The permit shall terminate on January 1, 2000. 2. The 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. The developer shall insure that the building plans, materials and construction of the building improvements are such that they will provide an interior sound level of 45 dBA as compared with a noise level of 65 DNL. Aye: 5 Nay: 0 REZONING & VARIANCES - WALTER V. NELSON City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Kristen Nelson, representing Walter Nelson, stated this lot is not desirable as a single family lot. She stated that when Mr. Nelson purchased the lot it was advertised that the lot had access to Pilot Knob Road and that there were utilities to the property. She said they realized a couple of weeks ago that there was access onto Cleome Lane but there is no official easement off that property. She further said this property is somewhat landlocked. She added that there is a gravel driveway on the property and the County provided a curb cut into the driveway. She stated that the utilities are located across the street from Pilot Knob Road. She further stated that the applicant owns Lot 22 and noted that an easement could be granted from that property. Councilmember Wachter asked if the County Highway Department will allow access to Pilot Knob Road. Director of Public Works Colbert said he was unsure if there was a cross-easement formally dedicated over Lot 22. Ms. Nelson said there is no official easement on Lot 22. City Attorney Sheldon stated that a property owner cannot grant an easement to themselves. Director of Public Works Colbert said he is concerned about two dwelling units taking direct access onto Pilot Knob Road. He added there is an opportunity to provide a cross-easement due to common ownership between Lots 22 and 23 and driveway access onto a cul-de-sac street for a residential property. Ms. Nelson indicated that the difficulty associated with that option is that with the minimum square footage of Lot 22 providing an EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 3, 1997 PAGE 10 00418 easement may change the building layout. She noted that the only place to put the easement would be along Lot 22 and it would be difficult to install a driveway for Lot 23 and would require the house to be located very close to Pilot Knob Road. Councilmember A wada stated that she does not feel this is a hardship. She added that it would be more acceptable if the applicant were to request a setback variance to allow for a driveway easement. She further added that a single family house could be constructed on this lot. She stated that she would rather have one property take access onto Pilot Knob Road instead of two houses. Councilmember Blomquist said that Cleome Lane was designed to accommodate access for this property and; therefore, there is no hardship. Mayor Egan noted that he did not think the rezoning request was appropriate and rezoning the property from R-l to R-2 would constitute spot zoning. He agreed with Councilmember Awada's suggestion that the applicant could submit an application for a setback variance because of the hardship due to the lack of access for either Lot 22 or Lot 23. He added that the properties should be developed as single family lots. City Administrator Hedges stated that if the City Council chooses to deny the application they should state the findings in support of denial. He added that this request is inconsistent with the Comprehensive Guide Plan. Mayor Egan noted that direct access onto Pilot Knob Road is inappropriate, the application would involve spot zoning and would be contrary to the development scheme and intent for the development of this land, it is contrary to the zoning classification and the Comprehensive Guide Plan and no hardship has been shown in support of the variances. Councilmember Blomquist moved, Councilmember A wada seconded a motion to deny a Rezoning from R-l to R-2 with a Variance to lot width and a Variance to lot area, to allow construction of a duplex on Lot 23, Block 2, Wilderness Run 2nd Addition. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT - YOCUM OIL COMPANY TEXACO AT THOMAS LAKE CENTER City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Tony Yocum, President of Yocum Oil Company, stated that Texaco is making a global image change and the store is also in need of a facelift. He said they have spent a half million dollars in upgrades this past year. He noted that the illuminated fascia will provide a fair amount of downlighting which will help ensure the entrances to the store are safely lit. Councilmember Blomquist asked if they have already begun to change the fascia. Mr. Yocum indicated that they have started painting it red in anticipation that it will be covered with the new fascia. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a Planned Development Amendment for modifications to signage and architectural treatments for the Texaco facility on Lot 5, Block 1, Thomas Lake Center subject to the following conditions: 1. The applicant shall enter into a Planned Development Agreement with the City. 2. The applicant shall comply with the elevation plans dated 9/23/97. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 3, 1997 PAGE 11 00419 CONDITIONAL USE PERMIT - ENTERPRISE RENT-A-CAR City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Masin asked how the other merchants in the building feel about this type of use. Wally Kluse, representing Duckwood Shopping Center, stated that he spoke with each of them and they felt the use was acceptable. Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve a Conditional Use Permit for Enterprise Rent-A-Car allowing outdoor storage of ten rental vehicles located in the NW 1/, of Section 15 subject to the following conditions: 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of City Council approval with receipt to the City. 2. Parking for the rental vehicles shall be according to the approved site plan submitted with this application (dated October 20, 1997). 3. Signs shall be erected identifying the parking spaces approved for the rental vehicle locations. 4. The total number of vehicles shall not exceed 10. 5. The sale of vehicles is prohibited. 6. Cleaning and maintenance shall be limited to washing, vacuuming and fluid changes and refills. No mechanical repair, body repair, or painting shall be permitted. 7. All cleaning and maintenance (as described in Condition #6) of the automobiles shall occur completely within the building. No outside cleaning or maintenance is permitted. 8. No flags, balloons, banners, signs, pennants, ribbons, streamers, or whirling devices shall be attached to vehicles. 9. The vehicles stored on the property shall not be utilized for display purposes, nor shall such vehicles have rental information displayed on the windows or any other part of the vehicles. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT - FAITHFUL SHEPHERD CATHOLIC SCHOOL City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Chuck Hall, representing Faithful Shepherd Catholic School, stated that there were a number of people available for questions. Mike Gendren, General Manager of Stock Lumber, indicated that he is not opposed to education or parochial schools but is concerned about the location of the school on this site. He said that this site was designated by the City as industrial. He added that he is not opposed to the Business Park zoning but he is opposed to locating a school in an industrial area. He further added that there is heavy traffic in the area and this creates a dangerous situation. He said that the school fits in the zoning, but they object EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 3, 1997 PAGE 12 . 00.[0 ,..-'~-~ _ :J.,..,,. to the school using their private road because heavy trucks utilize this road. He further said that if Challenger Circle is reduced approximately 300 feet, road construction will be reduced and the school property will still be serviced. He asked why the school opted for a landlocked piece of property. He stated that if the school is located on this site it would be served best by the road that the City Council and APC has already approved. Mayor Egan asked if negotiations are still pending with Dart Transit regarding the extension of the cul-de-sac on the remainder of that property. Director of Public Works Colbert explained that staff has not received any layout from Maplewood Acres for the remaining residual piece of property. Mayor Egan asked if the approval of the CUP would need to be contingent upon the dedication of the Stock driveway as a public right-of-way. Senior Planner Ridley explained that the amended condition states that the property needs to be platted with public access and does not specify where the access needs to occur. Brent Coatney, Managing Partner of Coatney Properties and President of Terminal Warehouse Company, stated that he sent a letter to the City addressing his concerns. He said that he has many of the same concerns as Stock Lumber. Mr. Hall stated that they looked long and hard for a site. He said that the large site helps accommodate the design of the school. He commented that safety is a concern to them also. He added that the site is important to them because a large amount of gifting is involved and the site has not cost them a lot of money. He stated that they understand there are problems with the access. He further stated that Challenger Circle is not available as an access to them at this time. He noted that a lot of input is needed from staff during the final plat process. He indicated that their purchase agreement does not indicate a proposed access. He stated that their architects have devised a plan showing extra access to the site. He said that the plan was given to staff and the property owners on both sides, but there has not been time to review the plan by all parties. Chuck Beekler, attorney for Faithful Shepherd Catholic School, stated they need to live within the confines of their purchase agreement and the only access they have is over the private road. He said they will need an extension of Wescott Road to provide additional access. He added that condemnation action would be required to make the private road public. Mayor Egan stated that Tesseract was built in a similar area to this and is doing well. He noted that Trinity Lone Oak School is also doing well. He said that the City Council collectively felt that this is a compatible use. He stated that precedent has been established in the community for having public education close to commercial and industrial development. He added that the Council felt that allowing elementary and middle schools within the Business Park zoning district is a compatible use. Councilmember Masin stated that she is delighted to have the school in the City, but she added that she would not vote for condemnation at this point. She added that she is concerned with locating the school on this particular site. Councilmember Wachter commented that he does not have a problem with safety. Councilmember Awada stated that there will probably be a fence around the school or playground area. Mayor Egan noted that the safety problems will be resolved by the time of final plat. Councilmember Masin moved to deny the Conditional Use Permit to allow a kindergarten and middle school in the Business Park zoning district for property preliminarily platted as Lots 4 and 5, Block 2, Eagandale Corporate Center No.2. The motion failed for lack of a second. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a Conditional Use Permit to allow a kindergarten and middle school in the Business Park zoning district for EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 3, 1997 PAGE 13 00421 property preliminarily platted as Lots 4 and 5, Block 2, Eagandale Corporate Center No.2 subject to the following conditions: . 1. The property shall be platted with public access. 2. The CUP shall be recorded at Dakota County with the Final Subdivision. Aye: 4 Nay: 1 (Councilmember Masin opposed) ORDINANCE AMENDMENT - CITY OF EAGAN TO CHAPTER 11 ENTITLED, "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.10, SUBD.31 (D) FREEST ANDING ANTENNAE AND TOWER HEIGHT AND SETBACK REQUIREMENTS City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Awada moved, Mayor Egan seconded a motion to approve an amendment to Chapter 11, Land Use Regulations, by amending Section 11.10, Subdivision 31d, regarding free-standing antennae and tower height and setback requirements. Aye: 5 Nay: 0 Councilmember Awada moved, Councilmember Masin seconded a motion to terminate the interim ordinance regarding free-standing antennae. Aye: 5 Nay: 0 ~GISLATIYF/lNTERGOVERNMENTAL AFFAIRS Mayor Egan noted that several members of the City Council will be attending the National League of Cities Conference in Philadelphia beginning tomorrow. He said that Betty Ann Kane was not re-appointed as the Executive Director of NOISE. He indicated that the NOISE Board will be meeting with two candidates for the position on Friday at the NLC Conference. Councilmember Masin said that the City Council should consider becoming a member of the NLC which would give the City voting privileges. Councilmember A wada stated that she agreed with joining this organization rather than belonging to the other organizations the City recently discontinued membership in. Councilmember Blomquist agreed also. City Administrator Hedges noted that there may be reductions in other costs if the City were to become a member. j{OyNDTABLE Senior Planner Ridley indicated that Kennedy Transmission has requested they be allowed to construct a standing seam metal roof and he asked the Council for clarification regarding their position. He said that he informed the representative of Kennedy Transmission that the style of the roof needed to match the car wash and be shingled at least over the office portion. Councilmembers concurred. Councilmember Awada moved, Councilmember Wachter seconded a motion to schedule a Special City Council meeting for December 16, 1997 at 5:00 p.m. Aye: 5 Nay: 0 Councilmember Wachter stated that he would like to discuss sidewalk snow removal at a future work session. Mayor Egan noted that he received a phone call urging the City Council to discuss the snow removal policy with regard to sidewalks. Councilmember Masin noted that the MVTA adopted a strategic plan and she said she will be providing each member of the Council with a copy. She added that she would like the Council to consider developing a similar plan. EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 3, 1997 PAGE 14 00422 Councilmember Blomquist also stated that the Council should re-address snow removal on sidewalks. She added that she would like the Council to collectively look at why assessed valuations are so high. She suggested that a letter could be sent to legislators indicating that the system for determining assessed valuation is inappropriate. Mayor Egan added that it is important to make sure that there is not a gap between perception and reality about whether the assessed valuations are valid or accurate. Councilmember Wachter had questions on the bill's list. .g~~S'.ll~a Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register dated November 26, 1997 in the amount of $3,950,010.15. Aye: 5 Nay: 0 lP}o~ The meeting adjourned at 10:05 p.m. December 3, 1997 Date 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, (TOD phone: (612) 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. EXHIBIT A Revised 8-6-97 City of Eagan 1997 Refuse Haulers 00423 Residential (including multi-family homes with individual unit service) Aagard/Eagan Sanitation 3291 Terminal Drive Eagan, MN 55121 686-2371 Mendota Heights Rubbish 20700 Donnelly Ave. E. Farmington, MN 55024 437-4488 Action Disposal-SFI 4325 E. 66th. St. Inver Grove Heights, MN 55076 455-8634 Quality Waste Control 1901 W. 144th St. Burnsville, MN 55036 435-3454 Dick's Sanitation Service also dba lakeville Sanitation 21338 Dodd Blvd. lakeville, MN 55044 469-2239 Waste Management-Savage 12448 Pennsylvania Ave. S. Savage, MN 55378 882-2300 Bin distrib/dispatch-Joe 882-2321 United Waste Systems of Minnsota, Inc. 8678 N75th St. Stillwater, MN 55082 429-6766 also dba: Knutson Services 14345 Biscayne Ave. Rosemount, MN 55068 423-2294 Wildwood Sanitation Box 176 Newport, MN 55055 459-7926 Commercial (including multi-family units with dumpster service) Aagard Sanitation 3291 Terminal Dr. Eagan, MN 55121 686-2371 Action Disposal-BFI 4325 E. 66th St. Inver Grove Heights, MN 55076 455-8634 Aspen Waste Systems, Inc. 2523 Wabash Ave. Minneapolis, MN 55144 644-3488 Dick's Sanitation dba Lakeville Sanitation 21338 Dodd Blvd. Lakeville, MN 55044 469-2239 Haul Tech Environmental 7675 W. Highway 13 Savage, MN 55378 890-9616 K.O. Sanitation 1811 Century Ave. Newport, MN 55055 459-0120 Subec Farms 35995 Helium St. Princeton, MN 55371-5303 389-9355 Revised 11-1 9-97 Mendota Heights Rubbish 20700 Donnelly Ave. E. Farmington, MN 55024 437-4488 Quality Waste Control 1901 W. 144th St. Burnsville, MN 55036 435-3454 Randy's Sanitation P.O. Box 169 Delano, MN 55328 479-3335 Triangle Services 1881 Lexington Ave. Mendota Heights, MN 55118 454-1848 United Waste Transfer, Inc. also dba UWS/Gallaghers 95 W. Ivy St. Paul, MN 55117 227-6394 Waste Management-Savage 12448 Pennsylvania Ave. S. Savage, MN 55378 882-2300 00424 00425 Revised 11-19-97 1997 Construction Demolition Haulers Aagard Sanitation 3291 Terminal Drive Eagan, MN 55121 686-2371 Haul-Tech Environmental 7675 W. Highway 13 Savage, MN 55378 890-9616 Action Disposal-BFI 4325 E. 66th St. Inver Grove Heights, MN 55076 455-8634 Henningson Construction Service, Inc. 16306 Fairgreen Ave. Rosemount, MN 55068 432-4693 All-Star Disposal 7845 E. Boyd Court Inver Grove Heights, MN 55076 455-4941 Keith Krupenny and Son Disposal, Inc. 1214 Hall Ave. West St. Paul, MN 55118 457-3680 Alpha Construction Services 6580 135th St. W. Apple Valley, MN 55124 432-7616 Lightning Disposal, Inc. P. O. Box 27 So. St. Paul, MN 55075 457-4434 Ben's Roll Off Service 8735 Fremont Ave. S. Bloomington, MN 55420 884-9214 Lloyd's Construction Services 16860 Welcome Ave. Prior lake, MN 55372 440-5832 Container Corporation also dba Veit Disposal Systems 14000 Veit Place Rogers, MN 55374 428-2242 Materials Recovery ltd. P.O. Box 281 Newport, MN 55055 437-8618 Coolidge Trucking 829 West Central Ave. St. Paul, MN 55104 293-9310 Mendota Heights Rubbish 20700 Donnelly Ave. E. Farmington, MN 55024 437-4488 Dick's Sanitation Service also dba lakeville Sanitation 21338 Dodd. Blvd. lakeville, MN 55044 469-2239 Quality Waste Control 1901 W. 144th St. Burnsville, MN 55306 435-3454 G. logan and Sons Hauling Inc. 1484 Iglehart Ave. St.Paul, MN 55104 644-6081 Randy's Sanitation P.O. Box 169 Delano, MN 55328 479-3335 OU4Z6 Tennis Roll-Off L. L. P. 824 4th St. P.O. Box 64 St. Paul Park, MN 55071 459-1887 Total Sanitation Service 5885 Sunrise Drive Minneapolis, MN 55419 861-2575 United Waste Systems also dba UWS/Gallagher's 95 W. Ivy Ave. St. Paul, MN 55117 227-6394 Walter's Rubbish P.O. Box 67 Circle Pines, MN 55014 780-8464 Waste Management-Savage 12448 Pennsylvania Ave. S. Savage, MN 55378 882-2300 Willie's Dumpster Service 7800 East Bush lake Road Edina, MN 55439 933-2000 Wildwood Sanitation 'Box 176 Newport, MN 55055 459-7926 Buckingham Trucking 5980 Credit River Rd. Prior lake, MN 55372 226-6443 Kieger Enterprises 1075 Harriet lane Roseville, MN 55113 PET SHOP LICENSES 00427 l. Wet World 2. Heartland Pets Fox Ridge Shoppes, #206 1960 Cliff Lake Road 3390 Coachman Road Eagan, MN 55122 Eagan, MN 55122 3. Walmart 4. Pet Warehouse 1360 Town Centre Drive 1296 Town Centre Drive Eagan, MN 55122 Eagan, MN 55122 TREE CONTRACTOR LICENSES 00428 I. Shorewood Tree Service 2. S&S Tree Specialists 26640 Smithtown road 6214 Concord Blvd. E. Excelsior, MN 55331 Inver Grove Heights, MN 55076 3, Davey Tree Expert Company 4, The Tree Stump Co. 1500 N. Mantua St. 13677 Dan Patch Dr. Box 5193 Savage,MN 55378 Kent,OH 44240 5. Roggenbuck Tree Service 6, Huston's Tree Service 16644 Imperial Way 13404 Oakland Dr, Lakeville, MN 55044 Bumsville, MN 55337 7. Sherwood Tree Service 8. Ciardelli Tree & Landscaping 12195 Upper 167th St. 1200 Duckwood Tr, Lakeville, MN 55044 Eagan, MN 55123 9, Outdoor Specialities 10, R&R Tree Experts 560 Lone Oak Rd, 24546 Cedar Pt, Rd, Eagan, MN 55121 New Prague, MN 56071 II. Henning Rohde & Associates 3259 Terminal Dr. Eagan,MN 55121 OOL129 STABLE LICENSES Diamond T Ranch 4895 Pilot Knob Road Eagan, MN 55122 PAINTBALL FACILITY LICENSE 00430 The Adventure Zone Him Nordberg 3820 Sibley Memorial Highway Eagan, MN 55123 LIST OF 1998 COMMERCIAL FERTILIZER APPLICA TORS 00431. I. GranulawnlShowcase Landscape 2. Viking Lawn Services 8633 Jefferson Highway 17526 Mushtown Road Osseo, MN 55369 Prior Lake, MN 55372 PH: 425-5296 PH: 612-447-5296 3. Minnesota Turf Care 4. Quality Green P.O. Box 1231 7835 Eagle Creek Boulevard Lakeville, MN 55044 Shakopee,MN 55379 PH: 469-2202 5. Fertilawn Inc. 6. Henning Rohde & Associates 9615 Gerard A veneu S. 3259 Terminal Drive Bloomington, MN 55431 Eagan, MN 55121 PH: 884-7331 PH: 454-9511 7. TruGreen Chemlawn 8. Lawns R Us 11583 Rupp Drive 107 Lydia Road Bumsville, MN 55337 Jordan,MN 55352 PH: 895-3400 PH: 492-6346 9. Non-Stop Maintenance 10, AAA Lawn & Snowplowing Joe Armstrong Richard Ricke P.O. Box 39654 15208 Co. Rd. 5 Edina, MN 55439-0654 Bumsville, MN 55306 PH: 943-2247 PH: 435-2892 11, Neighborhood Lawn Care 12. Guaranteed Spray Howard Wager 9919 Valley View Road 4635 Overlook Drive Eden Prairie, MN 55344 Prior Lake, MN 55372 PH: 941-2900 PH: 440-9022 13. South West Lawn Maintenance 13045 Pioneer Trail Eden Prairie, MN 55347 PH: 949-9040