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07/02/1996 - City Council Regular Obi • MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 2, 1996 A regular meeting of the Eagan City Council was held on Tuesday, July 2, 1996 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin and Hunter. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. Councilmember Hunter moved, Councilmember Masin seconded a motion to adopt the agenda as presented. Aye: 5 Nay: 0 gistylformilfor 7.0 Councilmember Masin noted that on page 4,the third paragraph from the bottom should read, "She added that complaints would be received similar to those received when the Mendota Bridge work was being done, specifically, when the dirt was brought over." She also noted a correction to page 11, third paragraph, to read, "Councilmember Masin stated that a convention center is needed and asked about the height of the buildings." She also requested that page 13, the fourth paragraph be modified to read, Councilmember Hunter added that, in his opinion, the goal should be to minimize the expense and not maximize the view. Councilmember Wachter referenced page 3, in regard to the Seasonal Part-time Instructor, and • stated his concern with this issue and questions if this is advisable for the Council to reclassify this position considering the impact it will have on the budget in the future. He asked if the Council had anticipated the cost and would like to see this item discussed at the next workshop. He also referenced page 10, first paragraph, and requested to see this Guide Plan on how Inver Grove Heights plans on developing their southwesterly quarter, as well as their past and future plans. Councilmember Awada stated that the action on page 13, the third paragraph should read: Councilmember Wachter moved, Councilmember Masin seconded a motion to approve the purchase of the Richard Holz property for$120,000 with the understanding that the item will be returned to the APRNRC for the purpose of locating the driveway access and parking lot and that direction be given to the resale of the house by subdividing the property. Councilmember Wachter moved,Councilmember Masin seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 Councilmember Awada stated that the action on page 4, second to last paragraph should read: After further discussion, there was a consensus by the City Council that action be taken at the regular City Council meeting of June 18 to approve the purchase of the Richard Holz property for $120,000 with the understanding that the item will be returned to the APRNRC for the purpose of locating the driveway access and parking lot and that direction be given to the resale of the house by subdividing the property. Councilmember Hunter moved, Councilmember Awada seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 Councilmember Wachter stated that the market should be explored regarding the sale of the home and added that the home is rentable during that timeframe. EAGAN CITY COUNCIL MEETING MINUTES;JULY 2, 1996 • ,1 t1 • PAGE 2 G4, ,o-,r p i:i,/ :is/-■L !/,:`i,•' J.' ' Councilmember Masin said she had talked to some residents recently and stated that they commended the City for helping in the storm cleanup. City Administrator Hedges thanked Councilmember Masin on behalf of the staff for her representation to the community in regard to the storm. Hedges also discussed the Fourth of July celebration. He mentioned that the City Council is participating in the cost of the fireworks and added that the fireworks display will be held at Blue Cross starting at approximately 10:00 p.m. He noted that the parade will be held on July 4 starting at 10:00 a.m. and discussed the parade route. He also mentioned that arts and crafts will be available, as well as other activities. He thanked the Lions, Lioness, Ann Carlon with the Convention & Visitors Bureau, volunteer firefighters and all the other volunteers for their help with the community celebration. Councilmember Wachter asked Police Chief Geagan about the accident report for Beecher and Lenore. He stated that a couple of residents had approached him and were concerned that there was no yield sign or stop sign at that intersection. He also requested a study be completed of that intersection. In regard to Item C, Contract 96-16. Approve Plans/Authorize Ad for Bids (Biscayne Ave. & Hall St./TH 3- Utilities& Streets),Director of Public Works Colbert indicated that the bid date should be August 1, 1996 instead of July 31, 1996, as referenced in the packet. He noted that the reason for the date change was due to the advertising deadline being affected by the Fourth of July holiday. Arthur Mulvihill addressed the Council regarding the curbing to go on Biscayne. He asked if it would be possible to have a surmountable curb there. Colbert said that he would look at the past project and see what could be done. John Young, Eagan Small Business Association, asked if the design is the same for the street and driveway as when he reviewed it before. Colbert stated that the design being proposed now would provide driveway openings for all existing driveway access points that meet City Code setback requirements. In regard to Item F, Findings of Fact. Honey Tree Ltd. (Honey Tree First Addition) located west of Nicols Road and bounded on the north. west and south by Erin Drive. Councilmember Wachter stated that on page 26 of the findings, under conclusions, it should read, "The matter was properly before the Eagan City Council." City Attorney Sheldon stated that the language would be changed. In regard to Item H, Clarification. of Architectural Guidelines for Eagan Promenade,this item was considered at the same time as Item B, under New Business. In regard to Item I,Adopt.Water Quality Management Plan Update,Councilmember Wachter stated he feels the APRNRC should be given direction to prepare an ordinance for Council approval rather than just review the need periodically. Mayor Egan stated that at a previous workshop a concern was raised that if an ordinance was adopted, constituents would buy a nonphosphorous chemical fertilizer outside of the City. Councilmember Wachter said that may be the case, but he stated that residents need to be educated more and that if they do go out of town, they would be in violation of the ordinance. Councilmember Masin asked how the policy would be enforced. Councilmember Wachter said that an education campaign would need to be conducted. In regard to Item 0, Modification, of condition affecting wetland replacement plan. Eagandale Corporate Center,Councilmember Masin asked why a modification is needed. She also asked if the trees would be in danger if the wetland was enlarged. Colbert indicated he would need to research the matter • with the Water Resource Coordinator. This item was continued to the July 16 City Council meeting for clarification. 01: • EAGAN CITY COUNCIL MEETING MINUTES;JULY 2, 1996 PAGE 3 A. Personnel Items Item 1. No action was required on this item. For the Council's information, Michael Barck was hired as the Combination Building Inspector. Item 2. It was recommended to approve the hiring of Erik Stettedahl as a temporary Planning intern. Item 3. It was recommended to approve the hiring of James Sanders as a seasonal Recreation Program Leader. Item 4. It was recommended to approve the hiring of Kristie Evenson, Sharada Lakhan, and Natalie Peltier as seasonal Recreation Program Assistants. Item 5. It was recommended to approve the hiring of Frederick Furlow and Dominic Taylor as seasonal Park Maintenance Workers. Item 6. It was recommended to approve the hiring of Ben Anderson and Jeff VanOverbeke as seasonal Street Maintenance Workers. Item 7. It was recommended to approve the hiring of Stephanie Welberg as a summer seasonal Clerical Worker in the Recreation Division. Item 8. It was recommended to approve the hiring of Sandra Bahn as a seasonal Naturalist in the Parks • and Recreation Department. Item 9. It was recommended to approve the 1996 Hearing Conservation Program Agreement between the Cities of Eagan and Bloomington. Item 10. It was recommended to approve the revised City of Eagan Health Care and Dependent Day Care Reimbursement Plan Document and Summary Plan Description. Item 11. It was recommended to approve the updated Affirmative Action Plan for submission to the State of Minnesota Department of Human Rights. B. Contract 96-15. Receive Bids/Award Contract (Meadowview Rd. - Utilities). It was recommended to receive the bids for Contract 96-15 (Meadowview Road - Utilities), award the contract to the lowest responsible bidder, and authorize the Mayor and City Clerk to execute all related documents. C. Contract 96-16. Approve Plans/Authorize Ad for Bids (Biscayne Ave & Hall St/TH 3 - Utilities & Streets). It was recommended to approve the plans and specs for Contract 96-16(Biscayne Avenue& Hall Street/TH 13 - Utilities & Streets) and authorize an advertisement for a competitive bid opening to be held at 10:30 a.m., August 1, 1996. D. Project 704. Receive Report/Order Public Hearing(Lexington&Wescott-Signal). It was recommended to receive the feasibility report for Project 704 (Wescott Road & Lexington Avenue - Signalization) and authorize a public hearing to be held on August 6, 1996. E. Contract 95-03. Approve Change Order #2 (Red Pine Lane - Signal Modifications). It was recommended to approve Change Order#2 to Contract 95-03 (Red Pine Lane - Signal Modification) and • authorize the Mayor and City Clerk to execute all related documents. t EAGAN CITY COUNCIL MEETING MINUTES;JULY 2, 1996 PAGE 4 F. Findings of Fact. Homy Tree Ltd, (Honey Tree First Addition)located westof Nicols Road and bounded 96.45 on the north.west and south by Erin Drive. It was recommended to approve a resolution denying a request by Honey Tree Ltd. for a Preliminary Subdivision (Honey Tree First Addition) and Preliminary Planned Development for two hotels and a restaurant on property previously platted as Lots 1, 2, and 3, Mari Acres Second Addition. G. Resolution. Amending the McKee Addition Comprehensive Guide Plan Amendment. It was 96.46 recommended to approve a resolution amending the Eagan Comprehensive Guide Plan for the McKee Addition. H. Clarification. of Architectural Guidelines for Eagan Promenade, (This item was considered at the same time as Item B, under New Business.) I. Adopt. Water Quality Management Plan Update. It was recommended to adopt the changes to the Water Quality Management Plan as part of the five year review, with the condition that the APRNRC is to draft an ordinance regarding lawn chemical use for Council consideration. J. Resolution. Continuation of Safe and Sober Grant. It was recommended to approve a resolution 96.47 authorizing continuation of the Police Department's Safe and Sober Grant through September 30, 1997. K. Contract 96-18. Approve PlanslAuthorize Ad for Bids (South Hills Add. & Wilderness Run Road - Overlay). It was recommended to approve the plans and specs for Contract 96-18 (S. Hills Addition & Wilderness Run Road - Overlay) and authorize an advertisement for a competitive bid opening to be held • at 11:00 a.m., July 26, 1996. L. Massage Therapy License. for James Deyoe to practice at Lifetime Fitness. 1565 Thomas Centre Drive. It was recommended to approve a massage therapy license for James Deyoe to practice therapeutic massage at Lifetime Fitness at 1565 Cliff Road. M. Extension for Recording. final subdivision - Preusse Addition located north of Old Sibley Mem. Hwy.. south of TH 13. It was recommended to approve a request for a 90-day extension for recording the Preusse Addition Final Subdivision located north of Old Sibley Memorial Highway and south of Trunk Highway 13. N. Extension of Preliminary Subdivision. Oak Pointe of Eagan (Outlot D)._OCP Homes. Inc.. located east of Plaza Drive and west of Galaxie Ave. it was recommended to approve a request for a one year extension of the Preliminary Subdivision for Oak Pointe of Eagan (Outlot D -for second phase). O. Modification. of condition affecting wetland replacement plan. Eagandale Corporate Center. (This item was continued to the July 16, 1996 City Council meeting.) Councilmember Awada moved, Councilmember Masin seconded a motion to approve the consent agenda as presented with the noted modifications. Aye: 5 Nay: 0 MgrAVOYAM PROJECT 709, KENNEBEC DRIVE, YANKEE DOODLE RD. & TH 13/BLACKHAWK RD. STREETS & SIGNAL IMP. • City Administrator Hedges gave an overview of this item. Director of Public Works Colbert gave a staff report. He then introduced Jim Dvorak, Senior Associate with SRF Consulting Group, Inc., who • EAGAN CITY COUNCIL MEETING MINUTES;JULY 2, 1996 PAGE 5 discussed the project location, specific street improvements for Yankee Doodle Road, Kennebec Drive and Blackhawk &TH 13. Dvorak went on to discuss the project costs, assessments and the project schedule. Councilmember Hunter asked for clarification on the parcels to be assessed under the control of the Metropolitan Council. Mayor Egan then opened the public hearing to anyone wishing to speak. Richard Rovang, representing the Metropolitan Council, addressed the Council and gave the Met Council's official response to this proposal. He stated that they are not objecting to the project, but they are objecting to the assessment. He referenced the state statute which states they should be exempt, subject to the benefits that would be determined by the Met Council. He requested that this item be continued to allow further time for the Met Council staff to review the proposal and meet with City staff. Councilmember Hunter questioned why the Met Council was not given notification. Colbert indicated that a notice was sent to their general offices in the normal time frame and that information was also faxed to several individuals at the Met Council as well. Councilmember Hunter did not feel that their lack of internal routing was cause to continue the public hearing. Dvorak clarified that SRF had only faxed the information yesterday. Mayor Egan asked City Attorney Sheldon what the legal position of the City was. Sheldon stated that since the notice was sent, the statute requirement was met. Councilmember Hunter asked if the assessment could be worked out later and what would happen in regard to the assessment for Blue Cross Blue Shield if it was determined that the Met Council could not be assessed. He wanted to clarify if the City would be locked in for the assessment amount to Blue Cross or if the amount could be revised later. Sheldon stated • it would be difficult to revise later on. Councilmember Hunter stated that since the assessment proposed to the Met Council is a quarter of a million dollars, it should be determined if the Met Council can be assessed first prior to establishing an assessment value for Blue Cross. SWilliam Skolnick, attorney for the Gressers who own property at 1771 Yankee Doodle Road, addressed the Council and stated their objection to the cul-de-sac proposed at the end of Yankee Doodle Drive. He added that the Gressers would receive no direct benefit nor would the other property owner- Transport America. He further added that the sole beneficiary would be Blue Cross Blue Shield. Mayor Egan asked what the issue would be to the Gressers since they are not being assessed. Skolnick stated that the proposed improvement would place a burden on the Gresser property and also noted that the center island would need to be removed by Gresser at his expense. Councilmember Awada stated that Gresser wanted the island and he had agreed to the terms of the agreement which stated that, at some time in the future, when the area was developed, the island would have to be removed at Gresser's expense. Skolnick discussed the reasons why Gresser had wanted the island put in. He said it was to avoid semi trucks and buses using the street to turn around and driving on his property. He added that the cul-de-sac would not facilitate a turn around. He stated that Gresser was concerned for the safety of his employees and customers. He further added that Gresser has done an excellent job of maintaining the median. At the request of the Mayor, Colbert provided a history on the existence of the island. He stated that the issue went back a number of years and that City staff had discovered a temporary island was constructed on the public right-of-way and subsequently determined that the work was performed by Gresser. He then reviewed Gresser's reasons for construction which were to avoid misdirected traffic from using Gresser's property to turn around at the dead end. Another reason mentioned was to de-emphasize Yankee Doodle Drive as being a through street. He went on to add that there was some discussion concerning adding a cul-de-sac redesigning the intersection and also some discussion regarding a center island option. He indicated that all property owners who would be affected needed to agree to the construction of an island within a public street on a temporary basis. He noted that two property owners objected and would not sign the agreement. He further noted that in absence of that agreement being executed, the City could not permit the island to be constructed. He stated that staff had discovered that the island had subsequently been constructed anyhow by private forces and, somewhere through the l`,Z • EAGAN CITY COUNCIL MEETING MINUTES;JULY 2, 1996 PAGE 6 course of time, it was again brought to the Council's attention during consideration of the waiver of plat when Gresser split off the east end of his property and sold it to Transport America. He added that there was considerable discussion at that time regarding whether the island should be allowed to remain and for what length of time. He further added that the Council allowed the existence of the island until future development of the Dunn &Bradstreet property which would require Yankee Doodle Drive to reopen to full public access rather than a restricted private entrance to Gresser Companies and Transport America. He said that subsequently an agreement was prepared by trustees for the Gressers that indicated they would agree to perform operational maintenance on the island until such time that the Council requested its removal. He added that if the Council ordered its removal it would have to be done within 30 days at Gresser's expense per the agreement. Mayor Egan pointed out the fact that no engineer was retained on behalf of the City to participate in the design of the island. He added that he talked with Blue Cross Blue Shield representatives regarding their concerns about safety vehicles being able to access their property. He asked if staff had a concern about the access for these vehicles if the island remains. Colbert indicated that a long-term development proposal has been submitted by Blue Cross that shows a significant development of an office complex south of Yankee Doodle Drive where this would become a major secondary access to that facility for employees, as well as public safety vehicles. He said that if this occurs, there would be significant conflict of two-way traffic and added that it would not be safe to leave the median. Mayor Egan clarified that portion of Yankee Doodle Drive that goes west of the island is a public street, intended for use by property to the north, south, east and west. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. Councilmember Awada stated that the discussion that was held two years ago regarding the center island was very clear and that the understanding was that when the area developed, the median would be removed. Councilmember Hunter added that the public hearing should be continued to allow for Met Council consideration. Councilmember Masin questioned the cul-de-sac use and asked if this would be just a turn around or used by the Blue Cross facility. Colbert stated that it will provide access to the site. Mayor Egan asked Sheldon about the protocol in regard to closing the public hearing and continuing the item. He stated the purpose for continuing the public hearing is to negotiate some issues between the City and the Met Council. He asked if it would be better to close the public hearing and continue action on this item or continue the public hearing. Sheldon stated that the only comments the City is waiting to receive are those from the Met Council and not from any other affected property owners. He added that in that sense, the Council is continuing the public hearing until August 6 to receive comments from the Met Council. He stated that the public hearing is not officially closed until the Council takes action to close the public hearing. Wachter asked if the public hearing on August 6 could be restricted to only receive input from the Met Council. Sheldon stated that he would check the statute, but he thought that the public hearing would be required to be open to anyone. Councilmember Hunter moved,Councilmember Wachter seconded a motion to continue the public hearing for Project 709 (Kennebec Drive,Yankee Doodle Road &TH 13/Blackhawk Rd. -Streets &Signal Improvements) to the August 6, 1996 City Council meeting. Aye: 5 Nay: 0 PROJECT 703, MALLARD PARK 2ND ADDITION -STREET RECONSTRUCTION City Administrator Hedges gave an overview of this item. Director of Public Works Colbert gave • a staff report and also apologized for the technical defect that caused the rescheduling of this public hearing. He introduced Steve Gatlin, representing MSA, Consulting Engineers, who also apologized for • EAGAN CITY COUNCIL MEETING MINUTES;JULY 2, 1996 PAGE 7 their error in regard to identifying the affected property owners to be noticed. Gatlin discussed the project location and noted that it was determined that the only practical and economical solution was for the street to be reconstructed. He went on to discuss the project costs, assessments and the project schedule. Mayor Egan apologized for the lack of earlier notification to the resident present in the audience and all other Mallard Park residents affected by the project. Mayor Egan then opened the public hearing to anyone wishing to speak. Norbert Adelmann, 1664 Woodgate Lane, addressed the Council and stated that he had moved into his home in 1986 and does not feel the road should be in the condition it is in. He added that proper construction and maintenance should have been completed. He referenced letters that were submitted by residents. He also feels that further study should be given to the cost of overlay vs. reconstruction. Mayor Egan stated that the past public hearing record could not be relied upon, but added that the minutes could be used as reference for tonight's public hearing. He further added that the overwhelming concurrence by the residents at the last public hearing was that the street was in bad shape and needed to be reconstructed. He stated that when the assessments are decided he would listen to arguments for lowering the assessments, since the street has been there much longer than most of the homes. He indicated the assessments would be decided at a future public hearing. Colbert discussed what contributed to the deterioration of Woodgate Lane. He said the street was constructed in 1979 and that the development was slow to build out. He stated that staff was surprised at the rapid deterioration of the street and that it was indicative of the poor structural stability of the street. He added that the heavy clay soil has contributed to the deterioration, which traps moisture. He went on to add that the freeze/thaw cycle caused the street to heave and break up. He mentioned that the possibility of an overlay was investigated, but stated that it would not provide structural stability without a good sub base to be placed on. He noted that if an overlay was done, within three to five years the street would need to be reconstructed, which would not be economical. Adelmann asked why the base was not put in correctly in the first place and routine maintenance not performed. Colbert said that records do show routine sealcoating was completed. He did not know why the subgrade was not better prepared. He added that this was an improvement done by a developer. Adelmann asked if Eagan had to sign off on the contract. Colbert stated yes they did. He mentioned that at that time, the level of review on the design and construction inspection was not as high as it is today. He added that the City did not have an in-house engineering department and that the burden was placed on the developer and his engineer to comply with the requirements. Councilmember Hunter asked if research had been conducted on the sealcoating history for this street yet. Colbert stated that it had been done, but when staff moved out of City Hall for the reconstruction, records were purged in accordance with the retention laws of the State of Minnesota and many documents from the early 1980's were thrown out. He added that staff is trying to recreate the information in regard to this area. Councilmember Hunter stated that the issue of proper maintenance came up a lot during the last public hearing and this information will be taken into account during the assessment process. Mayor Egan added that they are trying to treat Mallard Park the same as all subdivisions. He further added that there are some unique facts that surround this project. He stated that there are always two elements to each reconstruction project. The first element is whether or not it's feasible and necessary and the second element is if there is special benefit shown from a financial point-of-view. He noted that the maximum to be assessed will be what the special benefit is shown for this subdivision, which will be determined after appraisals are obtained. • Councilmember Awada mentioned the issue addressed in the petition regarding the problem with two streets being named Woodgate Lane. Councilmember Awada and Councilmember Wachter suggested J t.:221 • EAGAN CITY COUNCIL MEETING MINUTES;JULY 2, 1996 PAGE 8 the Council direct Hedges to send a letter to all residents who live on that street presenting options with regard to the street name. Councilmember Awada moved, Councilmember Wachter seconded a motion to direct City Administrator Hedges to prepare a letter and send to all the residents who live on Woodgate Lane presenting two options as follows: 1) Rename the street Woodgate Circle or 2) List the house numbers underneath the Woodgate Lane sign. Aye: 5 Nay: 0 There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. Councilmember Awada moved, Councilmember Wachter seconded a motion to rescind the action taken on Project 703, Mallard Park 2nd Addition (Street Reconstruction) at the City Council meeting on May 20, 1996. Aye: 5 Nay: 0 Councilmember Awada moved, Councilmember Hunter seconded a motion to close the public hearing and approve Project 703, Mallard Park 2nd Addition (Street Reconstruction) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 VARIANCE, PROFESSIONAL PLASTICS Senior Planner Ridley gave a staff report on this item. He stated that the purpose for the variance is to allow for a customer and employee parking lot. He discussed the removal of 93.6%of oak woodlands in the area and noted that a cash dedication would be required. He added that staff had discussed the possibility of the applicant acquiring land to the north, but noted that the lot had already been sold. Jack Grotkin, R.J. Ryan Construction, addressed the Council and mentioned that this would be a light manufacturing facility with virtually no truck traffic. Mayor Egan then opened the public hearing to anyone wishing to speak. B.J. Larson, 845 Wescott Square and President of the Wescott Square Townhome Association, addressed the Council and made an appeal for the buffer to remain between the commercial and residential property. She submitted two petitions. The first petition contained signatures of those residents who were opposed to the variance. The second petition contained signatures of those residents who supported the proposal but wanted more adequate tree cover. She added they are concerned about the 93.6%decrease in the woodlands. She asked if the adjacent land to the east of the property is designated for future development of North Park. She summarized by saying this is the eastern gateway to the Eagan Promenade and should enhance, rather than detract from the development. She stated they would like to go on the record as being opposed to the granting of this variance because it goes against the Comprehensive Guide Plan and does not maintain an appropriate buffer. She also voiced their concern for the proposal to remove 93.6% of the woodlands and requested that, if this variance is granted, the tree mitigation fees be used in the immediate area for replacement of the tree loss. Councilmember Masin asked if they were opposed to the tree loss and the variance but not the proposed use. Larson stated the business is a better choice, but questioned the placement of it on this piece of land. Jan Mitchell, 847 Wescott Square, expressed her concern that the granting of the variance will destroy the buffer. She stated she is not against industry developing in this area, but feels the Comprehensive Guide Plan is not being followed in this situation. She also expressed her concern with possible emissions from the plant. Boon Thammavongsa, applicant, stated that the operation would consist • of assembly and no plastic manufacturing would take place. Mitchell also asked the days and hours of operation of the facility. Thammavongsa stated the operation would be run Monday through Friday from EAGAN CITY COUNCIL MEETING MINUTES;JULY 2, 1996 0 25 PAGE 9 8:00 a.m. to 4:30 p.m. Mitchell asked about the lighting for the parking lot. Grotkin stated that lights would be mounted on the building, as required in the ordinance, and would shine to the parking lot. Grotkin added that there will be a four foot berm between the parking lot and the street. He also added that the mitigation will be taking place on the east side and that the oak trees on Yankee Doodle Road will remain and the berm will be extended. Mayor Egan noted that no statement of hardship had been submitted. He also noted that the staff report indicated that the size of the building may be too large for the site. Grotkin stated that the building does not go over the 35%coverage that is allowed in the City. He added that the business is growing and the applicant needs the size of the proposed building and the parking lot. Councilmember Awada asked if the landscape plan could be improved. Ridley said that additional landscaping could be increased in the berm area. He added that, with a variance request, the applicant is hesitant to put a lot of money into landscape plans, in case the project does not move forward. Councilmember Wachter stated that the residents should be notified, if and when this is approved, and allowed to see the revised plan. Councilmember Masin asked if the variance is granted would 93.6% of the trees still be removed. Grotkin said they could work with the City to save additional trees. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. Councilmember Hunter stated that this was an acceptable business use, but questioned the issue of hardship. He added that he was also concerned about the 93.6%tree loss and said there was too much building for this lot. Mayor Egan stated that there is significant opposition on the part of the neighborhood and no statement of hardship has been provided. He also expressed his concern with the loss of trees. Councilmember Awada said she did not feel there could be a better use for this site. She added she would support this action if additional landscaping were provided. Councilmember Wachter concurred. Councilmember Masin stated she had a problem with granting the variance and losing the trees. Councilmember Wachter expressed his concerns too, but added that he would like them to come back with a specific landscape plan and see if it is more acceptable. She asked the audience if they would be responsive to accepting this proposal if additional landscaping were provided. Larson said they are willing to try and work something out, but added she is still concerned with the building being too large for this site. Mitchell stated she is not against additional landscaping, but feels a lot of footage is being forfeited. Councilmember Awada moved, Councilmember Wachter seconded a motion to continue the Variance to allow parking within the required 100 foot setback buffer for Lots 21-24, Block 2, Eagandale Center Industrial Park #4 to the July 16, 1996 City Council meeting with the understanding that the applicant will work with the neighbors and staff on issues that are of concern to the Council and the neighbors. Aye: 4 Nay: 1 (Hunter) CONTRACT 96-12, RECEIVE BIDS/AWARD CONTRACT NORTHWOOD DRIVE - STREETS & UTILITIES Councilmember Wachter moved, Councilmember Awada seconded a motion to receive the bids and award Contract 96-12 (Northwood Drive-Streets& Utilities)and authorize the execution of all related documents by the Mayor and City Clerk. Aye: 5 Nay: 0 • EAGAN CITY COUNCIL MEETING MINUTES;JULY 2, 1996 l`roaw� PAGE 10 CONDITIONAL USE PERMIT-MCG'S, INC. City Administrator Hedges gave an overview of this item. Senior Planner Ridley gave a staff report. Councilmember Hunter asked who had been noticed. Ridley stated that property owners 350'out had been noticed. Councilmember Hunter asked why the other residents who were at the last public hearing were not noticed. Mayor Egan stated that it would be too hard to control which residents to invite and which ones not to invite. He added that the ordinance needs to be followed which states 350'. Councilmember Hunter mentioned that he thought the Council had agreed by consensus that the 350' ordinance should not be used as a hard and fast rule. Mayor Egan stated that green signs were applied and the 350' notice was sufficient. Councilmember Hunter proposed the issue of noticing be discussed at the Roundtable. John Shardlow, representing McG's, addressed the Council and noted that significant changes had been made to the proposal since the earlier request. He said that both driveways had been consolidated into one and that the number of pumps had been decreased from four to three. He also added that the circulation on the site had been improved and the lighting on the site was also improved, with substantial landscaping also being proposed. He addressed the concerns raised regarding the housekeeping issues. He mentioned that the previous tenant, adjacent to McG's who was a primary concern, is gone and that the site had been cleaned up. He also talked about the traffic concern and stated that the traffic report indicates the center is operating below capacity. He submitted a petition signed by a number of customers in the area and other tenants in the center, who support the proposal. He also noted the environmental concerns and said that strict standards are in place which require tanks to be double-walled. • Hussein Ansari, addressed the Council and explained that at the City Planning meeting, a number of neighbors came to the meeting and talked about how bad it is going to be for them. He stated that it is already tough for them right now and with the addition of McG's, it will get even tougher. Mayor Egan noted that Ansari does operate a competitive gas station and added that the City has been working very hard to try and improve the economic viability of that area. He stated that the 1996/97special assessment budget had just been approved for the Cedarvale area and added that many steps have been taken to try and enhance the economic viability of the area. He said that the Council could not regulate competition. Ansari stated that he was not asking for regulation of competition, but rather referred to the neighbors who came in and stated they did not want anything like this in the area. He added that he lived in the area for 15 years and thought he was promised that if he could come up with the money to put some operation like what he had for Texaco, the City would help him out. He further added that if the Council decides to put another competition in this area, it will destroy the Cedarvale area. He noted that he had a petition signed by the Cedarvale merchants and they are all against it because traffic will be cut completely off. Councilmember Hunter noted that the Council does want to help out the entire area and that they have put a lot of work into revitalizing the area. He stated that this use would help out the area. He noted that only two people were opposed to this use at the public hearing at the Planning Commission. He also added that the petition shows support for the proposal and further added that the primary reason for denial before was because of the second entrance. Mayor Egan noted that the application has come back with reasonable modifications. Councilmember Masin commended the applicant for the improvements made to the proposal. She questioned if there was some problem with the management at Silverbell in regard to lease costs being too high. She also added that she is concerned with pollution and stated that at some point, the location • and number of gas pumps in the City needs to be addressed. Councilmember Awada felt this proposal was a great improvement from the earlier request. Mayor Egan concurred. EAGAN CITY COUNCIL MEETING MINUTES;JULY 2, 1996 c'D PAGE 10 `tlor-s. WW49?3Yi 7 0 CONDITIONAL USE PERMIT- MCG'S, INC. City Administrator Hedges gave an overview of this item. Senior Planner Ridley gave a staff report. Councilmember Hunter asked who had been noticed. Ridley stated that property owners 350'out had been noticed. Councilmember Hunter asked why the other residents who were at the last public hearing were not noticed. Mayor Egan stated that it would be too hard to control which residents to invite and which ones not to invite. He added that the ordinance needs to be followed which states 350'. Councilmember Hunter mentioned that he thought the Council had agreed by consensus that the 350' statute should not be used as a hard and fast rule. Mayor Egan stated that green signs were applied and the 350' notice was sufficient. Councilmember Hunter proposed the issue of noticing be discussed at the Roundtable. John Shardlow, representing McG's, addressed the Council and noted that significant changes had been made to the proposal since the earlier request. He said that both driveways had been consolidated into one and that the number of pumps had been decreased from four to three. He also added that the circulation on the site had been improved and the lighting on the site was also improved, with substantial landscaping also being proposed. He addressed the concerns raised regarding the housekeeping issues. He mentioned that the previous tenant, adjacent to McG's who was a primary concern, is gone and that the site had been cleaned up. He also talked about the traffic concern and stated that the traffic report indicates the center is operating below capacity. He submitted a petition signed by a number of customers in the area and other tenants in the center, who support the proposal. He also noted the environmental concerns and said that strict standards are in place which require tanks to be double-walled. • Vasco Bernardi, owner of the Cedarvale Shopping Center, addressed the Council and expressed his support for McG's and stated he feels this would help out the Cedarvale area. Councilmember Hunter agreed that this use would help out the area. He noted that only two people were opposed to this use at the public hearing at the Planning Commission. He also added that the petition shows support for the proposal and further added that the primary reason for denial before was because of the second entrance. Mayor Egan noted that the application has come back with reasonable modifications. Councilmember Masin commended the applicant for the improvements made to the proposal. She questioned if there was some problem with the management at Silverbell in regard to lease costs being too high. She also added that she is concerned with pollution and stated that at some point, the location and number of gas pumps in the City needs to be addressed. Councilmember Awada felt this proposal was a great improvement from the earlier request. Mayor Egan concurred. Councilmember Masin moved, Councilmember Wachter seconded a motion to deny a Conditional Use Permit for McG's Inc. to allow Motor Fuel Sales located at Lot 1, Block 1, Silver Bell Center Addition, 1969 Silver Bell Road in the SW 1/4 of Section 17. Aye: 2 Nay: 3 (Egan, Awada, Hunter) Councilmember Hunter moved,Councilmember Awada seconded a motion to approve a Conditional Use Permit for McG's Inc. to allow Motor Fuel Sales located at Lot 1, Block 1, Silver Bell Center Addition, 1969 Silver Bell Road in the SW 1/4 of Section 17 subject to the six conditions as follows: 1) The CUP shall be recorded at Dakota County within 60 days of Council approval and submitted to the City. • 2) The property owner shall provide the City a plan to unify the appearance of the trash/recycling container storage in the service area behind the building. 06223 • EAGAN CITY COUNCIL MEETING MINUTES;JULY 2, 1996 PAGE 11 The CUP shall be continually subject to the following conditions: 1) The property shall be maintained. 2) The applicant shall locate the existing utilities to ensure that they are not affected by the proposed improvements. 3) The property owner shall enter into a proof of parking agreement with the City. 4) All snow storage for the site shall be located on the Silver Bell Center property. Aye: 3 Nay: 2 (Masin, Wachter) PLANNED DEVELOPMENT AMENDMENT-ARCHITECTRONIX, INC. City Administrator Hedges gave an overview of this item. He referenced a letter from Opus regarding staffs interpretation of the original development agreement. He added that he feels the staff is raising all the right questions. He also added that there has been some modifications to the plan the Planning Commission reviewed. He noted that the issue is in regard to outside seating and whether it will be mandated and policed or whether the market will determine if outside seating is desired. He stated that this needed to be clarified by the Council. Mayor Egan stated that at the time this was discussed, the expectation was that outdoor seating and services were to be mandated. He added that it may be subject to further discussion based on the fact that it would be hard to enforce the applicant to have outdoor dining under any circumstance. He stated that the physical plant needs to be in place, but added that he did not feel they would need to be forced to serve food. Councilmember Masin did not recall the Council specifying that people would have to eat in that area. She added that some of the area fronting the plaza is being used as the back of the building and that should be avoided. Hedges said that Stuart Anderson's Cattle Company has modified their plans to reflect that change. Councilmember Awada stated she remembered talking specifically about this being an outdoor restaurant area at a task force meeting. She commended the staff for upholding the intent of the agreement. Councilmember Hunter agreed, but he also added that the vision was not to have a lot of fences around the eating areas. He questioned how the areas would be policed without fences. He asked if this area is mandated for outdoor dining strictly for Cattle Company, would it restrict others from using the area. Mayor Egan added that he liked the idea of having an open area, but would understand if Stuart Anderson's wanted some protection in policing their dining area. He noted that the idea was to create a unique niche and that it is very important that Stuart Anderson's achieve the goal of the City Council. Councilmember Wachter concurred. Jan Martin, Director of Real Estate for Stuart Anderson's, addressed the Council and stated that they are proud to have selected Eagan as their new site. She thanked the City staff for their help. She added that the building and the execution of their concept is important to them. She noted that many changes have been made to their plan, but added that the issue of the City Council dictating outdoor dining is unusual to the restaurant business. She stated that they read and understood the development agreement between Opus and the City. She added that their interpretation was that warm weather outdoor seating was to be provided in the Promenade area. She further added that their upper management has decided to offer outdoor dining, but request this not be made a condition for approval. She stated that they S believe this is a business decision that needs to be left to the business operators. She said that if they find, in the future, that the citizens of Eagan are not amenable to this concept and do not patronize it, they do 04 EAGAN CITY COUNCIL MEETING MINUTES;JULY 2, 1996 PAGE 12 not feel as a business they should need to come back to the City and request this be discontinued. Martin also addressed the issue of walling off the sites. She noted that it would be necessary to enclose the area, since alcohol will be served, and it is also important from a control and liability standpoint. Councilmember Hunter stated this could create a problem, if within a certain amount of time a business decides to close, then the walls are up and no one else can use the area. He added that the area should still be able to be used and tables and chairs should be provided. Hedges noted that the vision the Council had was to be able to walk around the pond and see all the outdoor dining areas. Councilmember Masin stated that the intent was not to intervene in business decisions, but rather to maintain the integrity of the plan. Martin asked for clarification as to whether the idea was to provide outdoor dining or service as well. Mayor Egan said that the intent was for both and added that both could be accomplished by working with them. Councilmember Awada stated that some tables need to be provided. She clarified that many cities intervene when they are trying to create these outdoor projects and added that this is the first time Eagan has done so. She further added that outdoor dining should be required in the contract and if there is a problem they could come back to the City Council at that time. She also noted that this needs to be a decision by all three restaurants. Mayor Egan concurred. Councilmember Awada stated that this is a special place and said that there are lots of other sites for restaurant locations. Martin stated she is concerned that the City would mandate serving days and times. Mayor Egan reiterated that days and times would not be mandated, but stated that the physical plant needs to be there and available for the appropriate situations. Tim Murnane, representing Opus Corporation, addressed the Council and stated they are not changing the intent of the development agreement. He added that the issue that needed clarification is that Stuart Anderson's does not get approved subject to the obligation to serve outdoors. He further added that outdoor seating will be provided and the agreement states such, but noted that the obligation to serve food is not in the agreement. He stated that it is important that they not over-commit to something they cannot live up to. Councilmember Hunter said as long as they are willing to provide best efforts in regard to outdoor dining, that would be acceptable. Councilmember Awada disagreed and stated that the intent was to have outdoor dining. She asked why they are against a requirement of outdoor dining being put in the agreement. Murnane stated outdoor dining should not be a condition and the City Council should not govern operations. Councilmember Wachter added that outdoor dining will be climate and market controlled. Councilmember Hunter stated that the market should dictate whether this service is provided. Councilmember Wachter stated he is concerned with the image of the area. John Rix, architect for Stuart Anderson's, discussed the proposed layout of the building and noted that the issues with the service doors had been addressed. He added that there is a railing proposed that would be consistent with what is around the fountain. He stated that outdoor seating and dining will be provided. He said that the east side of the building is the service side and pointed out the location of the kitchen door and added that it would be controlled by a wall around it. He said that the mechanical service items had been moved to the east side and integrated with the service side. He added that the materials and landscaping are consistent with what was approved in the planned development. Councilmember Wachter asked what all the doors were for on the old proposal. Rix stated they were to allow for easy access. Councilmember Awada asked how many tables were being provided for outdoor dining. Rix stated that five tables with four chairs each were planned. Councilmember Awada asked about the capacity of the restaurant inside. Rix said there was seating for 220. Councilmember Hunter said that it is important for the tables to be fairly sparse to allow for pedestrian movement. Mayor Egan asked if the plan called for the physical purchase and installation of the tables. Rix answered that it was called for in the plan. Councilmember Wachter asked about a possible expansion area if the • EAGAN CITY COUNCIL MEETING MINUTES;JULY 2, 1996 $'"' PAGE 13 000"Aa demand for outdoor dining was to increase. Rix stated the seating could be doubled. Mayor Egan noted that people need to feel comfortable browsing the area. Councilmember Wachter added that the appearance of the south side is important. Councilmember Wachter made a motion to approve the Amendment and then Councilmember Hunter proposed language clarification. Mayor Egan added that tables and chairs should be provided both for dining and for general seating. Martin noted that if they were to provide an area with tables and benches it would be difficult to allow movement. Councilmember Awada asked if the language was strong enough so they could not remove the tables. City Attorney Sheldon said that the language proposed states tables will be provided. Councilmember Masin asked if the issues of the staff and Planning Commission were addressed by this proposed action. Ridley stated the Planning Commission was concerned about the building construction and having an appropriate side face the plaza and also were concerned about outdoor dining being provided. He added that the amendments and revisions address both of those concerns. Rix stated they were also seeking approval to have their logo sign over the entry. Mayor Egan said that he felt this was their signature and should be approved. Councilmember Hunter supported it also since it was non- obtrusive. Councilmember Wachter moved, Councilmember Hunter seconded a motion to approve an Amendment to the Preliminary Planned Development for Lot 4, Block 2, Eagan Promenade subject to the following conditions: 1) The Agreement requires outdoor seating in the South Plaza area. This requirement was intended to encourage outdoor restaurant seating to allow restaurant patrons to fully utilize the plaza/fountain amenity. The proposed site plan will provide, but not mandate,outdoor restaurant dining. Tables, chairs, or benches will be provided for general public use, at all practical times. A single door in the south facade will allow restaurant patrons to directly access the plaza. 2) This Planned Development Amendment allows additional signage for the company logo over the main entrance which faces west. 3) Prior to execution of the Final Planned Development Agreement, the developer shall revise the plans as needed to clarify what items will be installed by Stuart Anderson's Cattle Company and what will be installed by Opus. Such items include, but are not limited to: landscaping, metal fencing around plaza, planters, and light fixtures. 4) Awnings shall not be included, at this time, as part of the building materials. 5) All rooftop mechanical equipment shall be screened from view. 6) Execution of a Final Planned Development Agreement. Aye: 4 Nay: 1 (Awada) Hedges noted that the Final Planned Development Agreement will come back to the Council as a consent item for ratification. CLARIFICATION OF ARCHITECTURAL GUIDELINES FOR EAGAN PROMENADE (This item was pulled from the consent agenda) Councilmember Masin asked if the wording and regulations would apply to a new owner if Opus EAGAN CITY COUNCIL MEETING MINUTES;JULY 2, 1996 ors PAGE 14 were to sell. It was determined that it would go with the land. Ridley agreed with the proposal for the standards for awning. He noted that the Planning Commission wanted to limit the color choices to eight. Councilmember Awada stated that the colors should not be limited. Councilmembers concurred. Councilmember Hunter moved, Mayor Egan seconded a motion to approve a clarification of the Architectural Guideline for Eagan Promenade regarding awnings subject to the following three conditions: 1) That all awnings shall be made of Sunbrella or canvas material. 2) Lighting of the awning shall be limited to down-cast lighting only so that the awnings shall not have the appearance of being back-lit or illuminated. 3) All awnings shall be of only one solid color(i.e. no striping, lettering, symbol or logos.) Aye: 5 Nay: 0 i:.:. i•#I%r, ri,'II:J:�2t2r, � -; r∎■:JOr -, .6+/# Councilmember Masin noted that the Dakota County League of Governments meeting scheduled for July 10 will be held at the MVTA building in Bumsville. It was noted that there would be no executive session following the Council meeting. CONTRACT 96-10, YANKEE DOODLE RD. Director of Public Works Colbert discussed the two parts of the change order for the Yankee Doodle Road bridge widening. Councilmember Hunter asked if there was a lot of pedestrian traffic. Colbert indicated there was and that there was no other viable alternative for safe crossing. He stated there was a pedestrian fatality that occurred last Friday near this location. Councilmember Hunter moved, Councilmember Masin seconded a motion to approve Change Order No. 1 to Contract 96-10 (Yankee Doodle Road Bridge Widening) and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 Director of Public Works Colbert stated that notices were being distributed regarding the street sealcoating program and provided copies to the Council. City Administrator Hedges noted that Kim Harbinson with the MN Zoo had called asking who would be attending the groundbreaking for the !max Theater. Councilmember Wachter requested the report from the deer hunt meeting. He also referenced an article in the Pioneer Press in regard to the City of Bumsville cutting back on mowing the boulevards in order to reduce their budget. City Administrator Hedges stated that this item will come back to the Council in the 1997 budget. Councilmember Hunter asked about the wording for the bond referendum and questioned if it was necessary to specify the percentages for betterment and acquisition. City Attorney Sheldon stated that he EAGAN CITY COUNCIL MEETING MINUTES;JULY 2, 1996 002,72 PAGE 15 is researching how much flexibility can be allowed. Councilmember Masin referenced the June 25 Open Issues Forum and stated that there was good representation from elected officials. She noted that a thank you letter and survey will be sent to all those who attended the forum. Mayor Egan thanked Councilmember Masin for her efforts in regard to the forum. Councilmember Hunter discussed the issue of notification. His recollection was that the Council wanted to empower staff to be able to expand the notification list beyond the 350' rule. He thought that anyone who had attended the informational meetings was to be notified as well. Mayor Egan agreed with Councilmember Hunter regarding notifying those who attended the informational meetings, but added that it would be too difficult to extrapolate names of individuals from minutes. Councilmember Hunter noted that he is not opposed to staff going ahead with reasonable judgment. Councilmembers concurred. Senior Planner Ridley stated that staff does exercise that right and added that people who sign up at the neighborhood meetings are noticed. Hedges noted that 15 to 20 parcels were noticed in regard to McG's and that 2 parcels were townhome associations. Councilmember Wachter questioned page four of the bills and asked why there were five items at the same price all with the same description. Hedges stated that he would check into it. Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register dated June 27, 1996 in the amount of$1,593,224.54. Aye: 5 Nay: 0 woo/1w The meeting adjourned at 10:10 p.m. MLK July 2, 1996 A 1 Date \ City Clerk 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, (TDD 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, marital status or status with regard to public assistance. I