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06/06/1995 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota June 6, 1995 A regular meeting of the Eagan City Council was held on Tuesday, June 6, 1995 at 6:30 p.m. at Black Hawk Middle School. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin and Hunter. Also present were City Administrator Tom Hedges, Community Development Director Peggy Reichert, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. NNW, Administrator Hedges noted that the item relating to the Commercial Refuse Hauler License for United Waste Transfer has been removed from the agenda. Community Development Director Reichert noted that the Lentschs Deerwood Pointe needs to be removed from the agenda because it isn't ready for approval. She also noted that she received a request to extend the preliminary subdivision for Easter Addition for another 30 days. She suggested this be added to the consent agenda and extend the time period for 90 days. Hunter moved, Wachter seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 Councilmember Masin noted a correction on page 11, paragraph 4, by eliminating the word "doesn't". Councilmember Hunter requested some additional clarifying language relative to the variance for Richard Cossette on page 8, paragraph 1 to read, "...at the request of the City Council in order to place into code our informal policies."; and that language be added just prior to the vote to read, "...in the event that staff disagreed that'substantial discussion' had taken place." Awada moved, Masin seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 Councilmember Hunter requested additional language on page 3, relative to the July 4th, fireworks to indicate that the amount of money to be spent on fireworks was discussed and that he suggested $10,000. Hunter moved, Awada seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 After introductions by Mayor Egan and Administrator Hedges, Fire Chief Dale Nelson reviewed the Fire Department operations and training program and thanked Training Officer Lowell Bahrke, and the Training Department, and Bob Kriha, Station Commander. The new volunteer fire fighters were then introduced and their badges were presented. Mayor Egan welcomed the new fire fighters and thanked them for their commitment to the department and community. DECEMBER 31, 1994 COMPREHENSIVE ANNUAL FINANCIAL REPORT After introductions by Mayor Egan and Administrator Hedges, Jeff Radunz and Dave Edson of Deloitte & Touche, reviewed the financial report, including productivity measures, annual debt service payments, the outstanding general obligation debt per capita, and the general obligation bond ratings. Discussion followed concerning the city's bond rating, outstanding debt service, and how fiscal disparities EAGAN CITY COUNCIL MINUTES; JUNE 6, 1995 PAGE 2 and other factors affect the city's bond rating. After some discussion, Hunter moved, Awada seconded a motion to accept the December 31, 1994 Comprehensive Annual Financial Report. Aye: 5 Nay: 0 Councilmember Hunter asked when the pedestrian crosswalk study is going before the Advisory Parks, Recreation and Natural Resources Committee and Parks and Recreation Director Vraa indicated it will be discussed at their June and July meetings. Councilmember Hunter emphasized that he would like to see a strong recommendation from them relative to funding. Councilmember Masin suggested that information relative to the July 4th fireworks be announced to the viewing audience, and Administrator Hedges gave an explanation. Some discussion followed. In regard to Item A, Personnel Items, Councilmember Wachter asked what the duties of the Park Operations Supervisor are and Parks and Recreation Director Vraa gave an explanation. In regard to Item D, Chance Orders. Police Department Building Project and Municipal Center Expansion. Administrator Hedges noted that there are some additional change orders in the amount of $2,952.84 for the Police Department and a $282 deduct in the Municipal Center expansion that were inadvertently left out of the Administrative Agenda materials. He handed out a list of the change orders and requested that they be approved with the others. Councilmember Wachter reviewed some of the change orders and stated that after review, he feels they are justifiable. In regard to Item E, Amend Ordinance/City Code 6.37 and 10.01. Licensing of Solid Waste Haulers of Construction/Demolition Debris. Councilmember Masin noted that when the Council discussed this, they were concerned about the residential haulers. She doesn't think the Council even considered the commercial haulers. Joanna Foote, Communications/Recycling Coordinator, responded that that was a determination made by the commission. They felt that commercial haulers contribute to the perception that there are a great number of haulers on the road. Councilmember Hunter emphasized that councilmembers read all of the minutes and he was offended by some of the comments in the minutes. He knows who his hauler is. In reviewing the options considered by the commission, he asked what the commission considers to be too much municipal involvement and asked whether a study has been done to determine what amount of municipal involvement is appropriate. Joanna Foote responded that part of their reasoning relates to the way state statute is written regarding the process needed to undertake any of the options that encompass organized collection, which is a 180 day process involving the city and all current residential haulers. She explained the process needed to pursue organized collection. The commission is recommending options that could be done on a voluntary basis. Councilmember Hunter asked how much municipal involvement is required after the 180 day process outlined in state statute. Joanna Foote responded that that has not been explored in depth; however, it was determined that there would be more municipal involvement than there currently is. Councilmember Hunter indicated he is uncomfortable with this recommendation because he doesn't think enough study was done on how much municipal involvement there would be and how much ongoing effort would be saved. He would Ike this referred back to the commission. Councilmember Awada questioned how practical it is to license people who pick up construction debris, and asked whether there have been complaints about this. Joanna Foote indicated it would present challenges; however, she has spoken to Building Division and staff feels it is the best way to pursue this. She indicated she is not aware of complaints about hauling of construction debris. Councilmember Wachter stated he feels there were a number of violations due to the fact that it wasn't regulated. Councilmember Awada stated she feels it will be difficult to enforce. Councilmember Hunter emphasized he isn't against EAGAN CITY COUNCIL MINUTES; JUNE 6, 1995 PAGE 3 the recommendation they are making; however, he doesn't feel there is enough justification to support the recommendation. Awada moved, Hunter seconded a motion to refer this back to the Sold Waste Abatement Commission to review the concerns raised by the Council. Aye: 5 Nay: 0 In regard to Item F, Community Development Block Grant Cooperation Agreement Amendment. Councilmember Masin asked why Eagan is now eligible to become a direct grantee and Community Development Director Reichert indicated it is based on population. In regard to Item N, Approve Interagency Agreement. Wellhead Protection Ground Water Modeling. Councilmember Wachter Indicated he thinks this is a good idea, noting that by working together, this will save money. Councilmember Hunter added that this is an unfunded mandate. In regard to Item 0, Authorize Staff/City Attorney's Office to Draft New Solicitation Ordinance. Councilmember Masin requested more information on the Green River ordinance, and wondered why these people need to be licensed both in the county and city. Councilmember Hunter questioned whether the city really needs this, and asked whether there have been complaints. He also raised a concern about placing new ordinances on the consent agenda. He feels they should be discussed. Councilmember Awada concurred, indicating if this ordinance won't solve the problem, this shouldn't be passed. Mayor Egan concurred. Discussion followed concerning how the Council wants to handle new ordinances. It was decided to consider them under new or old business, or at a work session. Gene VanOverbeke, Finance Director, indicated that this ordinance change is being driven by imple- mentation problems with the current ordinance. There is some confusion as to who needs to be licensed and who needs to be registered. It was suggested that the ordinance either be revised or removed. After some discussion, Egan moved, Hunter seconded a motion to table this to July 11, 1995. Aye: 5 Nay: 0 In regard to Item R, Amend City Code Chapter 10 to Change the Dog License Period from One to Two Years. Councilmember Wachter questioned why this is being done. Councilmember Hunter questioned whether there have been complaints or whether this will save money. After some discussion, Hunter moved, Masin seconded a motion to table this to June 20. Aye: 5 Nay: 0 A. Personnel Items Item 1. It was recommended to accept the resignation of Ken Conyers, Sergeant in the Police Department. Item 2. It was recommended to approve the hiring of John Seder as a patrol officer in the Police Department effective June 19, 1995. Item 3. It was recommended to approve the hiring of Paul Graham as Park Operations Supervisor. Item 4. It was recommended to approve the hiring of Rachel Collingham, Alesia Dandurand, Jasen Groff, Shannon Haugh, Troy Johnson, Katie Jorgenson, Heather Kjos, Kim Larson, Mark Wahistrom, Robin Stubblefield, Julie VandeWalker, Stephanie Zeitz, and Lonnie Perry as seasonal recreation leaders. Item 5. It was recommended to approve the hiring of Deborah Gretsfeld, Michelle Huss, Alison Johnson, Brian Larson, Keri Muench, Tracey Muench, John Wahistrom, Patricia Valusek, Lisa Heine, Joseph Willis, Bonnie Keeler, Kelly-Jo Tetfer, Jillian Wagner, Lindsey Dickinson, Kate Jensen, Andrew Beecher, Alicia EAGAN CITY COUNCIL MINUTES; JUNE 6, 1995 { x -4- PAGE 4 Orlando, Brandie Molde, Amy Smiler, Jessica Lentsch, and Meghan Doherty as seasonal recreation assistants. Item 6. It was recommended to approve the hiring of Judy Fords as a seasonal pre-school instructor. Item 7. It was recommended to approve the hiring of Daniel Elling, Jason Lane, and Ryan Trullinger as seasonal street maintenance workers. Item 8. It was recommended to approve the hiring of Phillip Hassett and Hallie Hoffman as seasonal park attendants. Item 9. It was recommended to approve the hiring of Kevin Doehling, Lynn Hanson, Jill Isebrand, Paul Kivi and Erik Sloboden as seasonal park maintenance workers. Item 10. It was recommended to approve the hiring of Melinda Cohee as seasonal tennis director and Molly Hansen and John Hayden as seasonal tennis instructors. B. Plumbers Licenses. It was recommended to approve the plumbers licenses for A. C. Doyle Plumbing, Larson Plumbing Inc., Wm. F. Ridler Plumbing & Heating, Scherer Plumbing and M & W Water & Sewer Inc. as presented. C. Resolution, Fish Lake Phase II Grant Agreement. It was recommended to approve the resolution authorizing execution of the grant agreement and designating a project representative. R-95.35 D. Chance Orders. Police Der artment/Municiaal Center Building Proiect. It was recommended to approve the 22 change orders as presented. E. Amend City Code 6.37 and 10.01 Regarding Licensing of Solid Waste Haulers of Construc- tion/Demolition Debris. (This item was referred back to the Solid Waste Abatement Commission.) F. Execution of Cooperation Agreement Supplement - County Community Development Block Grant Proarem. It was recommended to approve the execution of the supplement for participation in the County Community Development Block Grant Program. G. Resolution Terminating Moratorium. Southeast Industrial Area. It was recommended to approve the resolution. R-95.3b H. Final Subdivision. Lentsch's Deerwood Pointe. (This item was removed from the agenda.) 1. Final Subdivision. Best Brands 2nd Addition. It was recommended to approve the final subdivision. R-95.37 J. Project 689. Haves Addition Storm Sewer. It was recommended to receive the petition and authorize the preparation of a feasibility report. K. Project 676. Duckwood Estates Streetlights. It was recommended to receive the final assessment roll and schedule a public hearing for July 11, 1995. L. Contract 93-J. Oak Cliff Ponds 2nd Addition Utilities. It was recommended to acknowledge completion of Contract 93-J, and authorize perpetual maintenance by City forces. 4 -7. EAGAN CITY COUNCIL MINUTES; JUNE 6, 1995 PAGE 5 M. Approve 7-1-95 to 7-1-96 General Insurance Renewal. It was recommended to approve the general insurance renewal. N. Wellhead Protection Groundwater Modeling Interagency Agreement. It was recommended to approve the agreement. 0. Authorize Staff/City Attorney's Office to Draft New Solicitation Ordinance. (This item was tabled to July 11, 1995.) P. Massage Therapist License/Mary McGuire Lynch/Lifetime Fitness, It was recommended to approve the massage therapist license as presented. 0. Commercial Refuse Hauler Ucense/United Waste Transfer Inc. (This item was removed from the agenda.) R. City Code Amendment/Chapter 10/Dog Licensing Renewals. (This item was tabled to June 20, 1995.) S. Contract 95-06. 1995 Sealcoat Program. It was recommended to approve the plans and specifications and authorize the advertisement for competitive bids. T. Project 661 R. Sibley Terminal Yankee Doodle Road Audit. It was recommended to receive and accept the Public Works Committee recommendations regarding their audit of costs for Project 661 R. U. ADarove Appointment of City's Fiscal Consultant. It was recommended to approve the appointment of Springsted as the City's fiscal consultant. V. Extension of Time for Filing of Preliminary Subdivision for Easter Addition. It was recommended to grant a 90 day extension of time for filing the preliminary subdivision for Easter Addition. Wachter moved, Hunter seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 VACATION OF DRAINAGE AND UTILITY EASEMENTSNILLAS OF VIOLET LANE After introductions by Mayor Egan and Administrator Hedges, Mayor Egan opened the public hearing to anyone wishing to speak. There being no one wishing to speak, Mayor Egan turned the discussion back to the Council. Awada moved, Wachter seconded a motion to continue this to June 20, 1995. Aye: 5 Nay: 0 PROJECT 665, BLACKHAWK ROAD STREET REHABILITATION/FINAL ASSESSMENT HEARING After an Introduction by Mayor Egan, Administrator Hedges noted that two objections were received today: one from Sharon K. Swenson, 4351 Jennifer Court; and William J. Cardinell, 3625 Blackhawk Road. Director of Public Works Colbert then gave a staff report, noting that the John Pomroy property was incorrectly assessed. He noted it is recommended that the assessment be reduced to $2,000. He also noted that the S. K. Swenson assessment was prepaid and should be deleted. Mayor Egan then opened the public hearing to anyone wishing to speak. Bill Cardinell, 3635 Blackhawk Road, indicated that his objection was that there wasn't a physical survey done to verify the double lot equivalent. There are some topography issues that make it EAGAN CITY COUNCIL MINUTES; JUNE 6, 1995 Fes' 4 PAGE 6 questionable as to whether this could ever be used as two lots. After considerable discussion concerning whether another home could be built on the property, Councilmember Awada suggested that the assessment roll be adopted and that staff be directed to do a survey to evaluate whether another home could be put on the property. Director of Public Works Colbert requested clarification as to what type of survey the Council wants. Councilmember Awada suggested he do whatever is necessary to make this determination with minimal cost to the city. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. Awada moved, Hunter seconded a motion to close the public hearing and approve the modified final assessment roll for Project 665, with the exception of parcel #10-01700-010-78, authorize its certification to Dakota County, and authorize staff to survey parcel #10-01700-010-78 to determine whether the double lot equivalent is appropriate. Some discussion followed. Aye: 5 Nay: 0 RESOLUTION APPROVING TAX EXEMPT FINANCING FOR YMCA OF GREATER SAINT PAUL After an introduction by Mayor Egan, Administrator Hedges explained the request. Mayor Egan then opened the public hearing to anyone wishing to speak. There being no one wishing to speak, Mayor Egan turned the discussion back to the Council. Awada moved, Wachter seconded a motion to close the public hearing and approve the resolution giving preliminary approval to the project, the issuance of commercial development revenue notes and authorizing the preparation of necessary documents. Aye: 5 Nay: 0 R-95.38 CONDITIONAL USE PERMIT - WALMART After introductions by Mayor Egan and Administrator Hedges, Community Development Director Reichert gave a staff report. Hunter moved, Masin seconded a motion to approve the conditional use permit fqr outdoor storage of shopping carts for Lot 1, Block 1, Town Centre 70 11th Addition, subject to the following conditions: 1. This conditional use permit shall permit the outdoor storage of shopping carts located within the cart storage wall. 2. No other outdoor storage/sales/display is permitted. 3. The enclosure shall be constructed of the same exterior building material and painted to match the principal building (grey). 4. No signage shall be permitted on the cart storage walls. 5. The conditional use permit shall be recorded with the Dakota County Recorder's Office within 60 days of approval from the City. Proof of recording shall be provided to the City prior to any building permit issuance. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT - RENTABLES After introductions by Mayor Egan and Administrator Hedges, Community Development Director Reichert gave a staff report, noting the Planning Commission is recommending denial because they felt there should be no outdoor storage associated with rental shops in Neighborhood Business zones and there was a concern about setting a precedent. Besides the incompatibility issue, the outdoor storage ordinance EAGAN CITY COUNCIL MINUTES; JUNE 6, 1995 PAGE 7 specifically states that it shouldn't take up parking space. Mayor Egan asked whether these trucks could be stored off-site. Charles Simcox, the applicant, indicated it is possible; however, it would require three employees to do that and he was only intending to have one employee. There really isn't any place in the Immediate area that they could be stored. Councilmember Wachter asked how many trucks he has, and Mr. Simcox responded that they currently have two and are allowed a maximum of four. Councilmember Awada asked whether they could be stored in the back of the building. Mr. Simcox responded that there was a concern about getting fire trucks back there if the trucks were parked in the back of the building. Also, his company is only allocated two spots in the back of the building for tenant parking. Councilmember Wachter suggested he work out something with management for some of the spaces behind the empty stores for now, with the understanding that they would have to forfeit them if a tenant moves into that space. Councilmember Masin asked whether there are any additional spaces above what is required by the ordinance. Mr. Simcox indicated there are nearly 200 stalls, and he has never seen the parking lot even half full. Community Development Director Reichert noted that there is a lot of vacant space in this strip mall right now. She noted that long-term, perhaps this should be zoned General Business rather than as a retail neighborhood center because it doesn't have the visibility needed to be a retail center. Mayor Egan concurred, noting there are many natural constraints on that property. Some discussion followed concerning the letter of objection from Mr. Stalland who indicated he intends to develop his property sometime in the future. Discussion followed concerning setting a precedent. Mr. Simcox noted that he voluntarily restricted the amount of equipment they would handle. He never thought of vehicles parked in a parking lot as storage so he never felt this was in violation of city code. When Ryder suggested other large equipment, he considered that to be outdoor storage because it wasn't motorized. Councilmember Awada indicated she feels this would set a precedent. She would be willing to consider storage behind the building, but it would still set a precedent. Councilmember Hunter questioned whether it would set a precedent, noting that this is a financially distressed neighborhood strip mall. He asked whether the Council could deny a request such as this in another neighborhood strip mall that wasn't financially distressed. City Attorney Sheldon stated he doesn't believe that financial distress should be the sole criteria to rely on; however, he noted that there were a number of issues raised besides financial distress. Mayor Egan noted the physical constraints of the property. He concurred with allowing parking the trucks In the back of the building. Although it may be precedent-setting, he feels it is justified in this case. Community Development Director Reichert indicated she believes that the planned development agreement on this property does not allow storage In the back of the building, and it is a fairly narrow area. She added that there is residential property next door. She pointed out an area in the front that would be the least visibly impacting location on the property. Councilmember Hunter indicated he is hesitant to deny this, but is also concerned about setting a precedent. He feels there is justification for granting this conditional use permit and it could be narrowly focused. Councilmember Wachter noted there are many gas stations that have rental trucks. The gas station adjacent to this strip mall doesn't have them, so he doesn't feel it would be objectionable to anyone. Also, due to the low occupancy of this strip mall, he doesn't feel these parking spaces are needed at this time. Councilmember Masin noted that this is zoned Neighborhood Business. It would set a precedent if it is approved. She is concerned that if this area is someday fully developed and this wasn't appropriate, the Council wouldn't be able to remove it. On the other hand, there are many trucks and buses parked there now anyway. Mayor Egan noted that this has been a problem property, and due to physical constraints and economic considerations, he is willing to consider approving this. He feels the Council has to look at this situation as it currently exists, not as it was in the past. He feels the Council needs to do what they can to enhance this property, and he feels this is the best economic development for that location. Councilmember Masin asked whether the Council can approve this with the stipulation that this EAGAN CITY COUNCIL MINUTES; JUNE 6, 1995 PAGE 8 be looked at again in five years. Community Development Director Reichert noted that if this business is discontinued for six months, unless another rental shop goes in within that six month period, the property loses the conditional use. She added that this strip mall is unique In that doesn't have frontage on a main roadway. Hunter moved, Wachter seconded a motion to approve the conditional use permit to allow outdoor storage of rental trucks in association with the rental shop located at 4130 Blackhawk Road on Lot 1, Block 1, Blackhawk Plaza, subject to the following conditions: 1. The site shall be maintained. 2. Outdoor storage/display shall be limited to four rental trucks. 3. The trucks shall be parked in the four parking stalls nearest Lot 5, Block 1, Blackhawk Plaza. Aye: 3 Nay: 2 (Awada, Masin opposed.) PRELIMINARY SUBDIVISION - HAYES ADDITION After introductions by Mayor Egan and Administrator Hedges, Community Development Director Reichert gave a staff report. She noted that Engineering staff recommended an additional condition that the developer is responsible for all costs associated with the development's share of the storm sewer cost under Project 689. The applicant is asking for a small portion of the street to be postponed because Highview Avenue is just a bituminous overlay and is in the 1996 Capital Improvement Plan to be upgraded. He would like it postponed and done as part of that overall project. Councilmember Hunter questioned whether the city can add a condition that they must execute a waiver of objection to those future assessments. Director of Public Works Colbert indicated they can; however, he felt that the condition as it is worded would allow them more flexibility and options for the applicant to fulfill that responsibility. Councilmember Wachter expressed his disappointment that the applicant is filling in a stream. Usually, it is considered an enhancement to the property. Councilmember Masin concurred. After some discussion, Brian Hayes, the applicant, disagreed, noting that this is a storm sewer and the pipe runs down the middle of the stream and it is rusted through, and corroded. He has petitioned for storm sewer for this area. The septic system for the house runs into it as well. It has been used as a dump for construction. He would love to see a nice stream running through the property, but it just isn't practical to clean it up. Considerable discussion followed concerning what could be done to clean up this stream and the installation of storm drain in the area. Perforated pipe was discussed. Councilmember Wachter stated that the applicant is destroying a natural amenity, and perhaps someone would be willing to pay more to keep it. indicated he would like to see what could be done to preserve this stream. Masin concurred. Hunter moved, Awada seconded a motion to approve the preliminary subdivision for Hayes Addition, consisting of four single family lots on 1.925 acres on Lot 1, Block 1, Joseph Spande Addition, in the southwest quarter of Section 4, subject to the following conditions: 1. The developer shall comply with standard conditions of plat approval Al, B1, B2, Cl, C2, D1, El, F1, G1 and HI, as adopted by Council on February 3, 1993. 2. Architectural designs and construction methods for new construction within the development will incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBa. 3. A notice will be recorded on each lot indicating that it is located within Metropolitan Council Aircraft Noise Zone IV. EAGAN CITY COUNCIL MINUTES; JUNE 6, 1995 PAGE 9 4. The development will be responsible for a cash water quality dedication. 5. The developer will be required to submit a detailed utility layout plan with the final plat submittal that shows how sewer and water service will be provided to each lot. 6. The sewer and water services for Lot I will be required to connect to Bridgeview Terrace. 7. The sewer and water services for Lot 2 will be located in the opening in the trees that will be left where the old garage will be removed. 8. The driveway connection for Lot I will be required to connect to Bridgeview Terrace. 9. The driveway for Lot 2 will need to be located in the opening that will be created in between the trees where the old garage will be removed. 10. The development shall be responsible for upgrading adjacent City streets to current City standards. 11. The final grades along the ravine will need to be revised to accomplish a maximum of 3:1 slopes in the backyard areas of Lots 2, 3 and 4. 12. The developer shall not grade within the wetland boundary. 13. The developer shall abandon all well and septic systems on the site according to Dakota County and City standards. 14. This development shall be subject to a cash parks dedication. 15. This development shall be subject to a trails dedication. 16. Individual lot Tree Preservation Plans will be required at the time of building/grading permit application. 17. The subdivision be platted. 18. Must meet with neighbors before the City Council meeting. 19. The developer shall be responsible for all costs associated with the development's share of the storm sewer cost under Project 689. 20. Applicant must execute a waiver of objection to assessments for adjacent street improvements scheduled in the Capital Improvements Plan. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION AND CONDITIONAL USE PERMIT - RICHARD COSSETTE After Introductions by Mayor Egan and Administrator Hedges, Community Development Director Reichert gave a staff report. Awada moved, Hunter seconded a motion to approve a preliminary subdivision for Kenneca Development consisting of 1.4 acres and two lots on Lot 6, Block 2, Cedar Industrial Park, subject to the following conditions: EAGAN CITY COUNCIL MINUTES; JUNE 6, 1995 h Y v PAGE 10 1. The developer shall comply with standard conditions of plat approval Al, B1, C1, C2, C4, D1, El, F1, G1 and HI, as adopted by Council on February 3, 1993. 2. The developer shall plat the property. 3. The developer shall revise the Site Plan to provide 10' wide standard parking stalls. 4. The developer shall revise the Landscape Plan to incorporate additional plant material that includes a mixture of overstory and understory deciduous and coniferous material to provide screening and year round color. All plant materials shall meet the City's minimum size requirements. Aye: 5 Nay: 0 Awada moved, Hunter seconded a motion to approve a conditional use permit to allow outdoor storage of impounded vehicles on Lot 1, Block 1, Kenneca Development, subject to the following conditions: 1. The site and privacy fence shall be maintained. 2. Outdoor storage of vehicles shall be limited to impounded vehicles; no junk vehicle storage shall be allowed. 3. The vehicles storage shall be screened and no storage shall extend above the screening. 4. The parking/storage area shall be upgraded to current City standards by November 1, 1997. 5. Impounded vehicles shall be stored on site for no longer than 90 days. Aye: 5 Nay: 0 Councilmember Masin reminded staff that a letter needs to be written to the Planning Commission since the Council went against their recommendation on the conditional use permit for Rentables. She also noted that the Dakota County League of Governments cancelled their brunch that was scheduled for the League of Minnesota Cities conference, and reviewed some of their upcoming activities. Councilmember Awada asked for a schedule of the League of Minnesota Cities conference, and requested that a letter be written to the League of Minnesota Cities requesting that they have their conference over a weekend instead of during the week. Discussion followed concerning car pooling and schedule for the conference. Councilmember Hunter made note of Finance Director Gene VanOverbeke's election to District #196 School Board. Mayor Egan noted that the Dakota County Economic Development Partnership will hold Its next meeting on June 22, and will be hosted by the City of Eagan. Additional City Hall Project Deductions. Mayor Egan noted that these were handled as part of the Consent Agenda. 4 '4 EAGAN CITY COUNCIL MINUTES; JUNE 6, 1995 PAGE 11 Bid Alternate to the Municipal Remodelling/Expansion. Administrator Hedges noted that Councilmember Wachter requested that some analysis be done on building the concrete patio adjacent to the lunch room and community room of the municipal center that was taken out as a bid alternate. Councilmember Wachter noted that he felt it would be good for the employees to have this, but due to the cost, he feels it should be dropped until the building Is done and then take another look at it. Councilmembers concurred. After some discussion, Wachter moved, Masin seconded a motion to delay consideration of the construction of the concrete. patio as a bid alternate at this time. Aye: 5 Nay: 0 Director of Public Works Colbert noted that regarding the utility installation for the Deerwood Townhomes project, there is a property owner who is reluctant to grant a right of entry to allow the project to continue. In reviewing the past action approving this project, it was determined that authorization to acquire easements, using condemnation if necessary was inadvertently not requested. Awada moved, Hunter seconded a motion to authorize the city to acquire easements for utility installation for the Deerwood Townhomes project, using condemnation if necessary. Aye: 5 Nay: 0 City Attorney Sheldon noted that he appeared before the court of appeals on the Remo Caponi v. City of Eagan, so a decision can be expected in the next 90 days. Administrator Hedges noted that Eagan will be featured on WCCO news on Wednesday evening. Some discussion followed. Councilmember Wachter asked about tree replacement at the water treatment plant, and Director of Public Works Colbert responded that it will be done by the City Forester. They negotiated a settlement with the contractor. Councilmember Wachter expressed a concern about lead in the water near the gun club, and would Ike to give the authority to the city to test the wells near the gun club. Director of Public Works Colbert indicated the county health department may already require that to maintain their well permits, but he can check into it. After considerable discussion, Wachter moved, Awada seconded a motion to do lead testing of wells between Dodd Road and T.H. 3 and south of Cliff Road to the city limits in the vicinity of the gun club. Aye: 5 Nay: 0 Councilmember Wachter asked about the feasibility of having plumbing inspectors size the water meters, and Director of Public Works Colbert responded that they are already doing that. Councilmember Wachter expressed concern about the proposed development in Inver Grove Heights. He is concerned that the city is doing this piecemeal development for Inver Grove Heights and he feels this is wrong. He feels Inver Grove Heights should have their own comprehensive guide plan. He doesn't feel staff should spend any more time on this until their plan is in place. Councilmember Hunter indicated that the direction given was to work with their staff and come up with a plan. He feels the city should put more of the onus on Inver Grove Heights to come up with a plan and use their own engineering funds or hire a consultant and when they have a plan, then It can be reviewed by us. Inver Grove Heights would then be billed for that review. Councilmember Awada stated she feels it is more advantageous to write the plan rather than respond to one written by them. Councilmember Hunter noted that the city has a lot of things to do and limited staff. He doesn't think that is fair to Eagan constituents. It takes away from projects the city needs to address. Wachter concurred, indicating the needs of Eagan residents should come first. Administrator Hedges noted that he sent a letter to the Inver Grove Heights city administrator, asking them to sign the acceptance letter and he has not received it back. Councilmember Hunter suggested that no more work be done on this until the letter Is received back from Inver Grove Heights. Administrator Hedges noted-that Inver Grove Heights sent us an EAGAN CITY COUNCIL MINUTES; JUNE 6, 1995 PAGE 12 agreement, but it wasn't acceptable. The city attorney's office has redrafted it, but the proper engineering analysis for system compatibility design needs to be in the agreement. Director of Public Works Colbert noted there are operational issues that also need to be dealt with. Considerable discussion followed concerning community priorities and staff resources. Councilmember Wachter requested that the information from the Public Works Committee meeting be forwarded to Mike Grasser. Councilmember Masin noted that at the A.M.M. annual meeting, Mayor Egan was elected vice president. Councilmember Masin noted that she was impressed with the letter from the Governor on his veto of the tax base sharing bill. She suggested writing a letter to the Governor expressing appreciation for the points he made and for vetoing the bill. Councilmembers concurred. Councilmember Masin suggested that the city consider having homes checked for code compliance before being sold. Administrator Hedges indicated he can look into it, noting there are staff and liability issues to be considered. Councilmember Masin noted she received a request from a long-term resident who Ives near the civic arena site requesting that the arena be named the Joshua Memorial Arena after a family pet that was buried on the site. Councilmember Hunter suggested that a Council policy be drawn up relative to Council consideration of new ordinances, stating that they be considered either under old or new business, or at a Council work session. Councilmembers concurred. KaffmoRm Wachter moved, Egan seconded a motion to approve the check register dated June 2, 1995 In the amount of $3,684,315.97. Aye: 5 Nay: 0 The meeting adjourned at 9:38 p.m. to continue the work session. DLP June 6, 1995 Ll A 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, sexual orientation, disability, age, marital status or status with regard to public assistance.