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05/02/1995 - City Council Regular Oct-, C MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota May 2, 1995 A regular meeting of the Eagan City Council was held on Tuesday, May 2, 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. ~0 Administrator Hedges noted that the Council could consider the Administrative Agenda under Department Head Business if they wish. He noted that the stop sign request for Wilderness Run Road is being continued to May 15. He also noted there was a request by the applicant to continue the preliminary subdivision and site plan for LGA Investment Group. Hunter moved, Awada seconded a motion to adopt the agenda. Aye: 5 Nay: 0 Councilmember Awada requested additional language on the bottom of page 1 to read, "While she stated that a city could work to accommodate this requirement, she asked why it was being mandated if they could simply write a letter, in effect creating a loophole around the new requirement." She also requested that language be added to page 5, paragraph 6, at the end of the first sentence to state, "when he was told he could get it last Fall." Wachter moved, Hunter seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 Councilmember Hunter requested a correction on page 3 where it states that the executive director position will sunset once the foundation was fully operational. He remembers that the sunset was for one year. Hunter moved, Masin seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 Hunter moved, Masin seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 At this time, Mayor Egan noted that because Mr. Grosser has several items at the end of the agenda, perhaps it would be more appropriate to have him address the Council at the Visitors to be Heard section at the end of the meeting. Item 1. Wachter moved, Awada seconded a motion to schedule Council workshops for May 15 at 5:00 p.m. and May 16 at 8:00 p.m. Aye: 5 Nay: 0 Item 2. Mayor Egan reviewed the meeting that was held between the Cities of Eagan and Inver Grove Heights relative to the extension of services to Inver Grove Heights. He noted he made it clear that the City of Eagan would not subsidize the City of Inver Grove Heights, and that they wanted to make sure the infrastructure was properly designed. There are two subdivisions that cannot continue until this issue is resolved and it may take several months before the public hearings can be held on this. There was a recommendation that joint powers agreements be developed on both the 800 acres that need to be serviced, and for these two developments on an interim basis so they can proceed. EAGAN CITY COUNCIL MINUTES; MAY 2, 1995 PACE 2 Representatives of the two subdivisions urged Council approval of the interim joint powers agreement. Councilmember Hunter indicated he doesn't have a problem with the dual track approach as long as the Council can review it first. Councilmember Wachter reiterated that he feels Inver Grove Heights should have a plan first. He feels this is a piecemeal approach. He doesn't feel Eagan should provide services until their development issues are clarified. He doesn't feel Eagan is designed to take on these extra burdens. He noted Inver Grove Heights has other alternatives that haven't been pursued. Discussion followed concerning what expenses will be reimbursed by Inver Grove Heights. Councilmember Hunter asked about the extension of Yankee Doodle Road. Administrator Hedges indicated that Inver Grove Heights would Ike to treat this separately; however he indicated to them that the City of Eagan considers it a related issue. Councilmember Hunter indicated he won't even consider extending services unless the Yankee Doodle Road extension is a part of the discussion. Director of Public Works Colbert requested clarification of what expenses the city should be reimbursed for. Councilmember Hunter stated he feels it should include staff time. Awada and Egan concurred. Discussion followed concerning the inclusion of the Yankee Doodle Road extension in the joint powers agreement. Hunter moved, Egan seconded a motion to pursue the drafting of two joint powers agreements dealing both with providing services to the 800 acres in Inver Grove Heights, and providing services to Coventry Pass 5th Addition and Boulder Crest on an interim basis, with the conditions that the extension of Yankee Doodle Road be included in the Inver Grove Heights 5-year Capital Improvement Plan; and that Inver Grove Heights reimburse the City of Eagan for all costs, including administrative fees. Counciimember Wachter indicated he would like to see their overall plan in five years to make sure they are becoming self-sufficient. Aye: 5 Nay: 0 ~.~m/99SAW In regard to Item D, Award Bid/Municipal Center Remodeling/Roofing and Related Sheet Metal. Councilmember Wachter asked whether this was included in the original bid, and Assistant to the Administrator Hohenstein indicated this portion was recommended to be rebid to save money. In regard to Item E, Change Orders/Police Department Building Project. Councilmember Wachter requested a clarification, and Assistant to the Administrator Hohenstein gave an explanation. In regard to Item F, Adopt Joint Position on Aircraft Deoarture Profiles. Councilmember Wachter took exception with the statement that the cities southeast of the airport have done their best to provide an area of noise compatible land. He feels the City of Eagan is the only city that has done that. In regard to Item G, Gambling License Renewal/Eagan Hockey Association. Councilmember Wachter noted the rent seems high. In regard to Item Q, Approve Purchase and Accept Bid/Fire Safety Education Trailer. Councilmember Wachter asked whether this is different than the one the City had before, and Fire Chief Dale Nelson gave an explanation. A. Personnel Items Item 1. It was recommended to approve the hiring of Ruth Ebert and Cheryl Stevenson as the Clerical Tech III's for the Parks and Recreation Department. Item 2. It was recommended to approve the hiring of Pam Marengo as a Clerical Tech III for Central Services Maintenance. EAGAN CITY COUNCIL MINUTES; MAY 2, 1995 PAGE 3 Item 3. It was recommended to accept the letter of resignation from Patricia Peterson, a part-time Clerical Tech III at the Fire Department. B. Plumbers Licenses. It was recommended to approve the plumbers licenses for Cedar Plumbing as presented. C. Wetland Replacement Plan/Eacandale Corporate Center. It was recommended to approve the Wetland Replacement Plan, subject to the following conditions: 1. Trees #756, 758, 761, and 770 in the tree inventory for the site shall be preserved by re-orienting Ponds C2A and C213 to the north and east. 2. The proposed .8 acre wetland mitigation area due east of MnDNR protected water #135 shall be relocated to avoid impacts to oak trees. 3. The City will reserve the right to modify the wetland replacement plan based on changes in the Wetland Conservation Act made by the 1995 legislature (which will be known in May 1995). Modification can be made only to the extent necessary to accommodate eemination of tree-related impacts associated with up to .8 acres of replacement wetland. 4. No grading shall be allowed within 30 feet of the delineated wetland edge of Wetland Basins A and E, except for up to a total of 450 lineal feet along the south end of Wetland Basin A (for road construction) and north end of Wetland Basin I (for detention basin construction). The 30 foot wide area will be managed to support natural vegetation and shall be left unmowed. This area shall be clearly marked on both the grading plan and in the field prior to any grading activity. 5. At least .5 acres of replacement wetland shall be established as forested wetland through the planting of tree and shrub species compatible with seasonally saturated soils. The number and types of trees planted shall be based on those shown on the tree inventory which will be removed by filling of Wetland Basin G. 6. The pond level bounce for Pond DP-11 (Wetland Basin A) should be 3 feet or less for a 10-year storm event and 2 feet or less for a 2-year storm event. 7. The developer shall submit for review by the water resources coordinator detailed plans regarding the grading for wetland replacement and ponding areas, including areas of hydric soil placement and a vegetation planting plan. The plan must be approved by staff before any grading plan application for the site is submitted to the City. D. Award Bid/Municipal Center Remodelinsa and Related Sheet Metal. It was recommended to award Bid Division C06, roofing and related sheet metal to Larson-Berry, Inc. in the amount of $29,600. E. Chance Orders/Police Department Building Proiect. It was recommended to approve change orders in the amount of $3,729.81 as presented. F. Adopt Joint Position on Aircraft Departure Profiles. It was recommended to approve joint comments with the Cities of Mendota Heights, Mendota, Inver Grove Heights and Sunfish Lake'relative to noise abatement departure procedures. G. Gamblinc License Renewal/Eacan Hockey Association. It was recommended to approve a renewal of the gambling license for the Eagan Hockey Association at the Cherokee Sirloin Room at 4625 Nicols Road. R-95.26 011 EAGAN CITY COUNCIL MINUTES; MAY 2, 1995 PAGE 4 H. Annual City Auction/June 3. 1995/Central Maintenance Facility. It was recommended to declare unclaimed property and miscellaneous City property to be surplus and to set the annual City auction for Saturday, June 3, 1995. 1. Vacation of Public Drainace and Utility Easement: Receive Petition/Order Public Hearin. Villas of Violet Lane. It was recommended to receive the petition and schedule a public hearing for June 6, 1995 to consider the vacation of public drainage and utility easements as described within the Villas of Violet Lane Addition. J. Appoint Representative to Gun Club Lake Watershed Management Organization. It was recommended to appoint Mike Foertsch as the City's representative to the Gun Club Lake WMO. K. Protect 665. Receive Final Assessment RoIVOrder Public Hearin. Blackhawk Road Street Rehabilitation. It was recommended to receive the final assessment roll for Project 665 and order a public hearing for June 6, 1995. L. Authorize Acouisition of Rioht-of-way. Central Area Transportation Improvements. It was recommended to authorize the acquisition of Parcel #10-01000-030-75 as public right-of-way for the future Central Area Transportation Roadway Improvements through negotiations or condemnation if necessary. M. Final Subdivision. Prettyman Heiahts 2nd Addition. It was recommended to approve the final subdivision. R-95.27 N. Final Subdivision. Skyline Hei-ahts Addition. It was recommended to approve the final subdivision. R-95.28 0. Final Approval of Comprehensive Plan Amendment and Rezoning. Nod Hart. It was recommended to approve the Comprehensive Guide Plan Amendment designation from Limited Business to D-1 Single Family Residential and a Rezoning from Limited Business to R-1 Single Family for Lot 1, Block 1, Liebel Addition. R-95.29 P. Waiver of Plat. Duplex Lot Split. Stephen Pemberton. It was recommended to approve a waiver of plat for a duplex lot split of Lot 4, Block 1, Ballantrae Addition. R-95.30 Q. Approve Purchase and Accept Bid/Fire Safety Education Trailer. It was recommended to accept bids and approve the purchase of a fire safety education trailer from Duncan and Associates, Inc. R. Sign Ordinance Interpretation. Concur with Staff Direction. It was recommended to direct staff to issue permits for Blockbuster Video, and to work with the Advisory Planning Commission on appropriate revisions to the sign code to clarify the intent of the building signage provisions. Wachter moved, Hunter seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 Mayor Egan reminded the members of the audience that there are a lot of items on the agenda and requested that people keep their comments brief. CERTIFICATION OF DELINQUENT UTILITY BILLS 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 discussion back EAGAN CITY COUNCIL MINUTES; MAY 2, 1995 PAGE 5 to the Council. Awada moved, Wachter seconded a motion to dose the public hearing and authorize certification of the final assessment roll. Aye: 5 Nay: 0 PROJECT 601A, FINAL ASSESSMENT HEARING, LEXINGTON AVENUE AND LONE OAK ROAD INTERSECTION RECONSTRUCTION AND SIGNALIIZATION After introductions by Mayor Egan and Administrator Hedges, Director of Public Works Colbert gave a staff report on this project. After some discussion concerning the breakdown of assessments, Director of Public Works Colbert reviewed the assessments of those who submitted objections. Mayor Egan then opened the public hearing to anyone wishing to speak. Darrell Lundeen, 2985 Lexington Avenue South, expressed his objection, noting that land was taken, and the road was placed closer to his home. Trees were removed, and the median restricts their access. Two real estate appraisers have stated that their property was devalued as a result of the median. There is more noise, pollution and traffic. He requested to be removed from the assessment roll. Rollie Crawford, representing Marvin and Renate Rahn and Prospector's Properties/Crate Prospects, expressed their objection for the same reasons as the Lundeen's. Marys Lundeen added that their son is a volunteer firefighter and at times cannot get out of the driveway because of the median. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. City Attorney Sheldon explained the objection process, and Director of Public Works Colbert reviewed the people objecting and the amount of assessment. Councilmember Wachter stated he doesn't see how the City can assess them when their safety is decreased. Councilmember Awada stated that any time there is an upgrade to a street so that there is an increase in traffic where the purpose is an industrial thru street, there is a benefit. These homes will eventually be sold for commercial or industrial property, and any increase in traffic will increase the benefit. However, these are still homes and they are conforming uses, and she doesn't think there is any justification for assessing the homes on Lexington Avenue. Wachter added that Crate Prospects was greatly affected by the median and he feels their assessment is unjust. Councilmembers Awada and Hunter disagreed, stating that the increase in traffic constitutes a benefit to an industrial or commercial use. Some discussion followed. Hunter moved, Awada seconded a motion to close the public hearing and adopt the final assessment roll, deleting the assessments for the residential properties that submitted an objection, the amount to be paid by the city street fund. Councilmember Masin questioned whether the assessment for Crate Prospects should be modified. She feels it will be difficult to justify. Mayor Egan stated he feels differently about the commercial business property than he does about the residential property. Aye: 5 Nay: 0 Councilmember Hunter emphasized that the reason these assessments are being deleted is because of the median. Some discussion followed concerning the difference between municipal and county state aid. VACATE DRAINAGE AND UTILITY EASEMENT - BIRCH STREET After introductions by Mayor Egan and Administrator Hedges, Director of Public Works Colbert gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak, and there being no one wishing to speak, turned the discussion back to the Council. Awada moved, Wachter seconded a motion to close the public hearing and approve the vacation of a drainage and utility easement as described in Torrens Document #105586 filed September 4, 1979, and authorize its recording at Dakota County. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MINUTES; MAY 2, 1995 PAGE 6 PROJECT 681, NORTH NICOLS ROAD STREET RECONSTRUCTION After an introduction by Mayor Egan, Administrator Hedges noted that staff has met with Lester Spencer, and he generally agrees with the installation of curb and gutter, but has some concerns about the extra expenses. Community Development Director Reichert then gave a staff report. Lester Spencer, 3786 Nicols Road, raised several concerns he has, and indicated he would have to see the ditches before he could approve of them. Mayor Egan asked whether he would prefer a rural or urban design for this roadway. Mr. Spencer stated he was in favor of curb and gutter until he found out how much it would cost. Director of Public Works Colbert explained the proposal for the ditch under the rural ditch design and the costs for concrete curb and gutter. Considerable discussion followed concerning the drainage In this area and the nature of Mr. Spencer's request. Mary Ramnarine, 3785 Nicols Road, presented a letter to the Council stating they accept the rural ditch design with catch basins. Hunter moved, Masin seconded a motion to approve Project 681 and authorize the preparation of detailed plans and specifications based on a rural street design. Director of Public Works Colbert noted that because they deleted the River Valley Trail segment, they also deleted that segment of the water main, so the project that Is being approved Is not the same as originally proposed. Hunter and Masin clarified that their motion refers to the project as modified. Aye: 5 Nay: 0 STOP SIGN REQUEST, WILDERNESS RUN ROAD AND WEDGEWOOD DRIVE Hunter moved, Wachter seconded a motion to continue this item to May 15, 1995. Aye: 5 Nay: 0 WW SHOWS LICENSE, YANKEE DOODLE ARTS AND CRAFTS FESTIVAL, REQUEST TO WAIVE FEES, AND VARIANCE FROM CITY CODE ON RECREATIONAL VEHICLE PARKING, YANKEE DOODLE ARTS AND CRAFTS FESTIVAL After an introduction by Mayor Egan, Administrator Hedges gave a brief explanation of the request. Counciimember Masin expressed a concern about setting a precedent. Councilmember Awada concurred, noting this is a fundraising event. Mayor Egan agreed, stating this is a nominal fee. After some discussion, Wachter moved, Hunter seconded a motion to approve the shows license for the Yankee Doodle Arts and Crafts Festival, conditioned upon the receipt of appropriate insurance documentation, and denying the request to waive the fees; and approve the variance request for recreational vehicle parking for the Yankee Doodle Arts and Crafts Festival. Gary Morgan, of the Chamber of Commerce, encouraged the Council to waive the fees, thereby encouraging more of these type of events. Aye: 5 Nay: 0 PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION - FORTUNE REALTY After introductions by Mayor Egan and Administrator Hedges, Community Development Director Reichert gave a staff report on this proposal. Byron Watschke, Fortune Realty, stated it is apparent that the neighbors don't want anything at this location. He has revised their plan many times, and the neighbors still will not support it. He urged Council approval. Carl Dale, Planning Consultant for Fortune Realty, addressed neighborhood concerns and urged Council approval. Ron Minette, of Cinema 'N Drafthouse in New Hope, urged Council approval, stating they are interest in locating in Eagan. He noted they haven't had any problems with their New Hope location. Mr. Watchke C `J EAGAN CITY COUNCIL MINUTES; MAY 2, 1995 PAGE 7 presented a petition containing 475 names of people who are in favor of this project. He noted that all of the people on the petition either live or work in Eagan. Gary Krueger, 4532 South Mallard Trail, representing the Thomas Lake homeowners group, reiterated the reasons the neighborhood does not support this proposal. He doesn't feel the petition is relevant because those people don't know the history of of this property. Councilmember Awada asked what he would Ike to see there. Mr. Krueger responded the neighbors would Ike something more compatible with a residential area, such as day care center. Councilmember Masin asked why the neighborhood was unwilling to meet with Mr. Watschke again. Mr. Krueger responded that the residents didn't feel there was any reason to meet because the Cinema Grill was still being proposed and they are opposed to it. He indicated he did meet with Mr. Watschke; however, Mr. Watschke indicated he was going to go ahead with the project as proposed. Bob Knudson, 1629 Walnut Lane, indicated he is opposed for the same reasons Mr. Krueger stated. Sandy Unger, 4542 South Mallard Trail, indicated she feels the two story office building is inappropriate. She feels the office building should be located where the theater is being proposed. Councilmember Awada stated the theater seems to be the problem with the neighbors. Mr. Watschke responded that he doesn't think that changing the use is going to alleviate the concerns of the neighbors. They want to put the theater in because Cinema 'N Drafthouse wants to be in Eagan and they feel they have the site for it. Councilmember Hunter asked what the city's options are with the expired planned development. City Attorney Sheldon indicated the planned development cannot be terminated until a public hearing is held and the appropriate zoning determined. The zoning doesn't change unless specific action Is taken. The proposal meets the requirements of the zone and it is a permitted use within the current zone. Mayor Egan asked whether the city has the right to change the zone, and City Attorney Sheldon indicated they do. Mayor Egan stated he feels the objection isn't so much to the type of use, but the intensity. The Council can regulate the intensity. The Council needs to be sensitive to the residential nature of the surrounding area. Councilmember Wachter stated he feels this proposal is too intensive. He feels traffic will be a problem if this goes in. Councilmember Masin concurred stating the Council needs to get the health club to provide more parking for its customers. Counciimember Hunter stated he thinks the biggest objection is the night use, not the theater. Councilmember Wachter disagreed, indicating there Is a parking problem during the day as well. Members of the neighborhood concurred. Discussion followed concerning the nature of the parking problem and how it can be alleviated. Considerable discussion followed concerning what intensity is appropriate for this property and whether rezoning this property to Umited Business or modifying the planned development district would be appropriate. Hunter moved, Wachter seconded a motion to deny the preliminary subdivision for Safari at Eagan 3rd Addition due to the fact that the proposal is too intense for the area. Aye: 5 Nay: 0 Hunter moved, Awada seconded a motion to direct the City Attorney to prepare findings of fact on the denial. Aye: 5 Nay: 0 Hunter moved, Wachter seconded a motion to direct the Planning Commission to hold a public hearing to terminate the planned development. Mayor Egan indicated he would Ike the flexibility of allowing the applicant to come up with an acceptable revision to the planned development district. Councilmember Hunter accepted this as a friendly amendment, but only for the area under this proposal. Aye: 5 Nay: 0 j, Yi... a.. EAGAN CITY COUNCIL MINUTES; MAY 2, 1995 PAGE 8 COMPREHENSIVE GUIDE PLAN AMENDMENT AND REZONING SOUTHEAST AREA OF EAGAN After Introductions by Mayor Egan and Administrator Hedges, Community Development Director Reichert gave a staff report. She gave a development history of this area and explained the options available. Councilmember Hunter stated that the Economic Development Commission and Planning Commission took a lot of testimony and evaluated this situation fairly. They came up with some good recommendations. He felt that rezoning to residential will not solve Incompatibility problems for many years. He also stated that he felt most of the property owners did not want a planned development because of the time and effort involved. He indicated that another option is to create a new limited industrial zoning that would be compatible with residential uses. Councilmember Wachter stated he feels this is spot zoning and expressed a concern about lead from the gun club contaminating the water supply. Councilmember Awada noted that the gun club was there first, and people chose to move there. When the land becomes valuable enough, it will be sold. She commended the Planning Commission for their work on this. Mayor Egan concurred, and indicated he doesn't favor rezoning the gun club at this time. He does favor coming up with a new limited industrial zone. Discussion followed concerning the three acres on the Rosemount border. Community Development Director Reichert suggested it could be zoned agricultural until there is a proposal for development of the property. Rollie Crawford, representing the West End Gun Club, indicated they would Ike their property left as it is. He feels they are private open space and should be kept that way. Bill Schiltz, 4860 Biscayne Avenue, indicated he supports the new zoning. Tim Czaja, 4709 Stratford Lane, stated he feels the proposed modified plan is a nice compromise; however, the gun club is a problem. The area has a residential character. Bob Hosch, a Board member of West End Gun Club, reviewed the hours of operation and type of activity that takes place at the gun club. He indicated they are trying to be good neighbors. They Omit their membership and number of teams. They aren't recruiting new members and aren't looking to increase their activities. Some discussion followed concerning lead levels in the water supply in that area. Gary Morgan, a member of the Economic Development Commission, indicated he supports restrictions on what can go in there. He is concerned about the PUD proposal and how much it will cost the applicants. John Young, 4870 Biscayne Avenue, expressed concerns about the architectural standards. He noted that 80% of the property in this area is fully developed. He suggested that the property owners in this area meet with staff and work out some of these issues. He expressed some concerning about rezoning this to Research and Development. Councilmember Hunter clarified that he is proposing a zone similar to Research and Development, but more intense. Mayor Egan indicated that he feels this has been a good process, but he feels it is time to move forward on this. He feels that straight zoning would be better than planned development, because there would have to be consensus with a planned development and that would be difficult. Jerry Segal, a member of the Planning Commission stated that staff has done an excellent job and feels they deserve credit for coming up with good aftematives for this area. Jim Oberg, owner of some property in the area, expressed concerns about the new zoning. He would Ike a decision made on this tonight. Counciimembers indicated that unless it is zoned to residential, it will take some time to come up with an appropriate zoning for this area. Discussion followed concerning how long it will take to implement a new zoning classification. Councilmember Hunter suggested that the Council hold a workshop to come up with appropriate zoning for the area north of the gun club. C EAGAN CITY COUNCIL MINUTES; MAY 2, 1995 PAGE 9 Hunter moved, Masin seconded a motion to direct the Planning Commission to hold a public hearing on the rezoning of the area south of the gun club to agricultural. Aye: 5 Nay: 0 Wachter moved, Awada seconded a motion to direct staff to initiate a feasibility study for the Installation of public improvements to serve the areas currently zoned industrial. Aye: 5 Nay: 0 Administrator Hedges recognized Ron Voracek for his work on this project. PRELIMINARY SUBDIVISION AND MULTI-FAMILY SITE PLAN/CENTEX REAL ESTATE After Introductions by Mayor Egan and Administrator Hedges, Community Development Director Reichert gave a staff report on this project. Dan Blake, a representative of Centex Homes, concurred with the staff recommendation; however, he is concerned about the conditions that tie into the neighboring development in the event that property doesn't develop. Discussion followed concerning temporary access and the conditions to the subdivision. Wachter moved, Masin seconded a motion to approve a preliminary subdivision and multi-family site plan for Centex Real Estate, located in the Southwest 1/4 of Section 17, subject to the following conditions: 1. Standard conditions of plat approval All, B1, B2, B3, B4, C1, C2, C3, C4, D1, E1, F1, G1, and H1 as adopted by Council action on February 2, 1993. 2. Units located within Lots 7-10, Block 4 shall be approved with a 25' front building setback. 3. Private access drives are allowed to be constructed to a 20' back of curb to back of curb width. 4. The guest parking areas shall provide 10'x 18' stalls and be surfaced with bituminous and edged with concrete curb and gutter. 5. Tree preservation replacement trees shall be identified on the Landscape Plan. 6. The Landscape Plan shall be revised to provide a more diverse shade tree selection and a higher percentage of the proposed evergreen trees used to buffer the site from Highway 13. 7. The Developer shall submit detailed plans and specifications for the proposed retaining wall construction prior to final subdivision approval. 8. The wetland replacement shall be provided as shown on the wetland replacement plan dated March 17, 1995. 9. The Developer shall extend the 15" storm sewer line to the edge of the southwestern wetland to prevent future erosion from occurring at the outlet of the 15" line. 10. The extension of the 8" watermain will be required across Highway 13 and connecting to the existing 16" watermain before occupancy of any second or third phase dwelling unit. 11. If this project develops prior to the Seneca Hills development, the developer will be responsible for providing southerly access to Highway 13 prior to occupancy of any Phase 2 or Phase 3 dwelling units. 12. Appropriate public right-of-way width shall be determined prior to City Council action on the Final Subdivision. EAGAN CITY COUNCIL MINUTES; MAY 2, 1995 PAGE 10 13. The developer shall dedicate restricted access along Highway 13. 14. Highway 13/Seneca Road access shall be provided prior to final platting the areas designated as Phase 2 and Phase 3 on the preliminary plat. 15. The cost of any modifications/improvements associated with this shared access point shall be bom by the benefiting properties. 16. The Developer shall provide tree protection measures (i.e. 4 foot polyethylene laminate safety netting) to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of the significant treestwoodlands to be preserved. 17. The Developer shall contact the City Forestry Division at least five days prior to any site grading to ensure compliance with the approved Tree Preservation Plan. 18. This development is subject to a cash park, trail, and water quality dedication. 19. The Developer shall provide some informal play opportunities in designated open areas. 20. The Developer shall be responsible for preparing and recording, with the plat, appropriate documents establishing a Homeowners' Association. The documents must be submitted and approved by the City Attorney's office prior to final plat approval. Transfers of common areas to the Homeowners' Association shall be recorded with the plat. 21. The Developer shall be responsible for preparing and recording, with the plat, easements for ingress and egress. The easements must be submitted and approved by the City Attorney's office prior to final subdivision approval. 22. If this project develops prior to Seneca Hills project, the Developer will be responsible for providing a temporary cul-de-sac at the south end of the public street serving this development. 23. The developer shall plat the subdivision. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION AND MULTI-FAMILY SITE PLAN LGA INVESTMENT GROUP Masin moved, Hunter seconded a motion to table this to May 15, 1995. Aye: 5 Nay: 0 ORDINANCE AMENDMENT, ARCHITECTURAL STANDARDS IN 14 DISTRICTS After introductions by Mayor Egan and Administrator Hedges, Community Development Director Reichert gave a staff report on this, reviewing standards used in other cities. She indicated that if the Council wants to adopt a more flexible approach with the existing buildings to allow them to expand, the Council could add the language proposed as optional provision D. She noted there Is also an optional provision that accessory structures can be metal if a conditional use permit is obtained, which would be decided on a case by case basis. Councilmember Hunter stated he favors the additional language regarding expansion of existing buildings, but not the language for accessory structures. Awada and Egan concurred. Councilmember Wachter noted that the ordinance doesn't address poured concrete. Community Development Director Reichert indicated that would be up to staff interpretation. EAGAN CITY COUNCIL MINUTES; MAY 2, 1995 PAGE 11 Jim Wisnoski, of Lull Industries, requested a clarification on the ordinance and Community Development Director Reichert gave an explanation. Mr. Wisnoski expressed his concerns over this ordinance and how it will affect his expansion. He doesn't feel painted block and metal exteriors should be prohibited. Mayor Egan noted that none of the other cities that were surveyed allow those finishes. Mr. Wsnoski expressed a concern over the delay on his expansion because of this ordinance. Administrator Hedge noted that if this ordinance is passed tonight, the building permit can be issued tomorrow, assuming it meets all other criteria. Romney Scarp, Production Parts, Inc. asked about what will happen to existing metal buildings if this ordinance is passed. Mayor Egan indicated they would be grandfathered in. Mr Scarp asked about expansion of these buildings. Community Development Director Reichert explained that the expansion would have to be built with an acceptable material and the existing metal building would have to be brought up to code. Mr. Scarp expressed his concern over this, indicating these businesses would lose value because they can't grow or sell the building. Councilmember Awada indicated these businesses can grow; they just need to bring the building up to standard. Mr. Scarp stated that would not be economically feasible. Councilmember Awada noted that people have to upgrade all the time; this is the same philosophy. She feels standards need to be kept high. Councilmember Wachter stated he feels expansion of existing metal buildings should be allowed. Discussion followed concerning what would be allowed under this ordinance for expansion of existing metal buildings. Councilmember Awada stated she doesn't feel this ordinance is unreasonable. If this passes, these standards would be even lower than the surrounding communities. John Young concurred with Mr. Scarp. This ordinance will be detrimental to business. Councilmember Awada stated she doesn't think it Is fair to allow existing metal buildings to be expanded when new businesses coming into the community are being told they can't put up a metal building. She reiterated that she feels this ordinance is reasonable. Mr. Young stated that this ordinance will result in stagnant, declining businesses because the growing, thriving businesses won't be able to work it out economically. He added that Minnesota businesses have high energy, tax and building costs, and his metal building Is much more energy efficient than concrete buildings are. Councilmember Wachter noted that the concrete buildings that are built today are much more energy efficient due to new technology. Mayor Egan noted that the city is trying to set up standards. These standards can be changed, but this is a starting point. Mike Gresser, of Gresser Concrete Masonry, stated he doesn't feel the Council should rule out any building material. No one on the Council has a background in construction, and they should listen to those that do. The Council should not be telling builders how to build a building. He feels there is too much regulation. He feels it is unreasonable to hold up the expansion of Lull Industries because of this ordinance. He feels Eagan has a reputation among businesses as being uncooperative. Mayor Egan stated that although Mr. Gresser's professional input in invaluable, he doesn't think that those that have a strong vested interested in the outcome of this ordinance should be the ones deciding what building materials are appropriate. He is willing to review the language, but this is a starting point. Mr. Gresser disagreed, stating he feels this should not be decided by people with no experience with construction. Councilmember Hunter noted that the people who elected him are the people who set his standards. He is pro-business, but when it comes to building standards, the people who set the standards are the people of Eagan. The Council needs to weigh that against the burden that places on business. The people he has spoken to do not Ike metal buildings. He doesn't feel this is overregulating. This ordinance will set standards, but it can still be fine tuned. Councilmember Awada noted that this was started by industrial real estate brokers who indicated they felt standards needed to be set. Mayor Egan added that the Council EAGAN CITY COUNCIL MINUTES; MAY 2, 1995 PAGE 12 makes many decisions that are binding on the community on subjects that they are not experts in, but make those decisions based on advice and counsel received from physical engineers and experts in that field. They surveyed a number of other cities on this subject, and metal and painted concrete buildings are not allowed in any of those cities. Mr. Gresser continue to disagree, stating the Council should listen to those who know the business. Discussion followed. Councilmember Masin noted that when the Council was discussing the southeast area of Eagan, a lot of comments were made about the way those buildings look. Many people were saying that those buildings were "downright ugly", so there is a negative perception about metal buildings. A lot of the discussion was about the condition of the buildings, not about the land use. Don McTeague, Lehman's Garage, indicated they have a metal building, and are in the process of dividing the property to put up a second building. Councilmember Hunter indicated he is not concerned about small expansions; his main concern is with major expansions. After some discussion, Hunter moved, Awada seconded a motion approve the ordinance amendment to Chapter 11 entitled Land Use Regulations "Zoning" by amending Section 11.10 regarding regulations on industrial building exterior surfaces and by adopting, by reference, Eagan City Code Chapter 1 and Section 11.99, striking the following language: "An exterior, exposed side or surface of any accessory structure to an Industrial building may be constructed of more than 25% of metal material, including vinyl, steel, sheet or corrugated aluminum or iron, provided a conditional use permit is first obtained from the City."; and that language be added to state that existing non-conforming metal buildings can be expanded 50% or 10,000 square feet, whichever Is less. Aye: 5 Nay: 0 Councilmember Awada stated she feels It is wrong to hold someone up for a building permit just because the city is considering a change to an ordinance. Administrator Hedges noted that the ordinance was intact when the request was made. Staff could not deviate from the regulatory language of the ordinance. After some discussion, Counciimember Hunter suggested that any time there is an ordinance change pertaining to building materials or something similar, a letter should be sent to everyone who has applied for a building permit so they can find out how it will affect them and attend the public hearing if they wish. Some discussion followed concerning whether those who have applied should be exempted from proposed ordinance revisions. ORDINANCE AMENDMENT REGARDING DEFINITION OF SETBACKS After an introduction by Mayor Egan, Awada moved, Hunter seconded a motion to approve the ordinance amendment to Chapter 11 of the Zoning Code, Section 11.03 (78) regarding Definition of Setback and by adopting by reference, Eagan City Code, Chapter 1, and Section 11.99. A clarification was requested by Councilmember Hunter regarding parking areas. Aye: 5 Nay: 0 REQUEST BY LULL INDUSTRIES TO WAIVE CONNECTION CHARGES After introductions by Mayor Egan and Administrator Hedges, Jim Wiisnoski of Lull Industries, gave the history of his request, stating that this is just for emergency purposes. It is not for drinking water, sewer, etc. It is just for a fire hydrant. He feels this assessment should be the obligation of the previous owner of this building. Mayor Egan noted that when the representative of Lull Industries called the city, the employee didn't have all of the paperwork, and therefore, the wrong figure was given. Therefore, the Council needs to decide whether there was a hardship created by this misrepresentation. Councilmember Awada noted that the financial obligation goes with the property, not the owner. Mayor Egan concurred. EACAN Cn'Y COUNCIL MINUTES; MAY 2, 1995 PACE 13 Councilmember Hunter asked whether the city has ever waived these fees before. Director of Public Works Colbert noted there was one situation where the lateral assessment was deferred until such time as they hooked up to the system. After considerable discussion, Wachter moved, Awada seconded a motion to defer the connection charge until Lull Industries connects to the water system for active use, and that an agreement be drafted to reflect that. Aye: 5 Nay: 0 Mayor Egan gave an update on the Municipal Legislative Commission Board meeting he attended relative to the Livable Communities Act. Councilmember Hunter noted he spoke with Representative Pawlenty, and he agrees with the Governor on this issue. Some discussion followed. Rollie Crawford, representing Home Development relative to the Kingswood 3rd Addition, noted they submitted their application and was informed by staff that the tree preservation ordinance is in effect. They would Ike to be exempt from this ordinance. After some discussion, Wachter moved, Awada seconded a motion to allow an exemption from the tree preservation ordinance for Kingswood 3rd Addition. Aye: 5 Nay: 0 Mike Gresser, Gresser Concrete Masonry, expressed a concern about the engineering costs associated with Project 661R. He asked a number of questions relative to the administrative and engineering fees. He stated he feels the city is making money on these fees and they will protest this. He noted he requested these figures seven months ago and just received them. He feels he was led to by the City Engineer and doesn't Ike the way he operates. Mayor Egan told Mr. Gresser that this is an inappropriate discussion for a Council meeting and declared him to be out of order. Mr. Gresser stated that in light of the lack of trust in government, he feels this warrants an investigation. Councilmember Hunter suggested that the Public Works Committee review the engineering fees on this project. Some discussion followed concerning when the Public Works Committee will meet. Director of Public Works Colbert noted that Yankee Doodle Road will be closed to traffic for reconstruction starting Monday. Community Development Director Reichert indicated staff met with Opus and they are making some revisions to the plan and would Ike to meet again. She asked whether the Council wants a representative there. Councilmember Awada indicated she will attend. Community Development Director Reichert Indicated the Council should discuss their vision for this area in the near future. Discussion followed. Administrator Hedges indicated he received a request from District #197 to waive the fees for Trapp Farm Park for an event on May 18 from 5 to 8 p.m. Councilmembem concurred to not waive the fees. Administrator Hedges noted they are in the process of interviewing for fiscal consultants and asked whether the Council wants to have a representative present for the interviews. The Council didn't feel it was necessary. Councilmember Awada gave an update on the meeting with the Capon's. She noted that Administrator Hedges will draft a letter to them outlining several options. Councilmembers reiterated that the City will not give him any money. EAGAN CITY COUNCIL MINUTES; MAY 2, 1995 04 0"0 • i'~°~ PAGE 14 Administrator Hedges asked when the Council wants to discuss the zoning for the Southeast industrial area. Discussion followed concerning Mr. Oberg's property. ~~699 Wachter moved, Egan seconded a motion to approve the check register dated April 28, 1995 in the amount of $1,030,902.38. Aye: 5 Nay: 0 r", The meeting adjourned at 1:40 a.m. on May 3, 1995. DLP May 2, 1995 Date ity Clerk ff 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.