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10/04/1994 - City Council Regular 0031 1 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota October 4, 1994 A regular meeting of the Eagan City Council was held on Tuesday, October 4, 1994 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, Community Development Director Peggy Reichert, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. Councilmember Hunter indicated he would like to discuss the Dakota County League of Governments and the High School Site Selection Task Force under Legislative, Intergovernmental Affairs Update. Mayor Egan noted that there are two additional personnel items to be considered under the Consent Agenda. Masin moved, Wachter seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 tNti+~I1'rt= Ot= A Nt >i=x.20, -41' 1!>!1 `I iNG Councilmember Hunter requested that additional language be added on page 7 to read, "Barb Squires, a local resident, asked for clarification on the schedule. Staff responded that the study is scheduled to be complete within sic months." He also requested that a correction be made on page 11, to read that Eagan students will be split between five schools instead of three. Wachter moved, Awada seconded a motion to approve the minutes as corrected. Aye: 5 Nay: 0 Mayor Egan noted that this is a lengthy agenda and asked that members of the audience keep their comments brief and avoid repeating statements that have already been made. He wants to be equally fair to everyone who has an item on the agenda, so he asked people to respect that. fit..... Td BE HEAaD John Young, a property owner in Halley's Addition, indicated members of that area would like to address the Council regarding the moratorium in the Southeast area of Eagan. Mayor Egan noted that this segment of the agenda is for people who do not have an issue on the agenda. This will be discussed later. 1~YENTIit'~N.& YtSiTt~RS aUREAU ~JPd~1TE Ann Carlon, of the Convention & Visitors Bureau, noted there is a nine member board for the Convention & Visitors Bureau, and it will soon be expanded to twelve members. She reviewed the Mission Statement and various activities of the Convention & Visitors Bureau. She stated that Eagan will have its own section in the Twin Cities Official Visitors Guide, noting Eagan is now the fifth largest area in the metro area. Special events noted were the King Royal Bros. Circus, the Eagan 4th of July Celebration, and the Caponi Art Park. They are developing an Eagan Area Hospitality Association to draw attention to the downtown area. Future events noted were the Yankee Doodle Festival and a fall festival based on the historical heritage of Eagan. Also reviewed were future conventions, and group tours. Councilmember Wachter indicated he feels this is a very ambitious agenda and he is very impressed. Hunter concurred, noting that he appreciates how thorough and professional the budget is. Mayor Egan stated he is impressed with the marketing plan. Administrator Hedges made reference to the favorable variance on the budget. He suggested that when the Convention & Visitors Bureau decides what they plan to do with that amount, that it be brought back to the Council to be consistent with Council's conservative approach to spending. EAGAN CITY COUNCIL MINUTES; OCTOBER 4, 1994 PAGE 2 tJNSENTA MA In regard to Item G, Waterview Final Subdivision. Hunter asked whether the lots were modified to maintain Card Street. Community Development Director Reichert indicated they were. In regard to Item J, Election Judges, Masin asked whether the high school students will actually be election judges. Administrator Hedges indicated they will be. In regard to Item K. Wetlands Conservation Act Authority. Masin requested verification that everything under the 10,000 square feet will not automatically be dismantled. Rich Brash verified that is correct. In regard to Item 0, Interim Use Ordinance. Southeast Industrial Development Moratorium. Mayor Egan noted this will be pulled for separate discussion. In regard to Item P, Ordinance Amendment. Use of Car Wash in Neighborhood Business District. Wachter suggested that architectural compatibility be added to the ordinance. Councilmember Hunter expressed a concern about distinguishing between full-service car washes and convenience car washes. He feels it should be stated in the ordinance that convenience car washes only be allowed in a Neighborhood Business District. He feels the full-service car washes are incompatible for Neighborhood Businesses. Mayor Egan concurred, stating that this will be pulled for modification of the language. In regard to Item 0, Eagan Lions Club 25th Anniversary Proclamation. Wachter drew attention to what the Uons Club has done for the community. Mayor Egan noted the dedication of funds for park development. A. Personnel Items Item 1. It was recommended to approve issuing a request for proposals for life, A,D & D and long-term disability group Insurance coverage. Item 2. It was recommended to approve the hiring of Andrew Cole as a young male development instructor in the youth development program. B. Plumbers Licenses. It was recommended to approve the plumbers licenses for Hillcrest Plumbing, Mike Peterson Plumbing, Rose Sewer & Water, and Roseville Plumbing & Heating inc. as presented. C. Project 646. Receive Final Assessment Roll/Order Public Hearing - Blue Cross Road Street Rehabilitation. It was recommended to receive the final assessment roll and order a public hearing to be held on November 1, 1994. D. Project 659. Receive Final Assessment Roll/Order Public Hearing - Dodd Road Street and Trail Construction. It was recommended to receive the final assessment roll and schedule a public hearing to be held on November 1, 1994. E. Project 660. Receive Final Assessment Roll/Order Public Hearing - Wilderness Run 1-4th Addition Street Rehabilitation. It was recommended to receive the final assessment roll and schedule a final assessment hearing to be held on November 1, 1994. 0 0431 3 EAGAN CITY COUNCIL MINUTES; OCTOBER 4, 1994 PAGE 3 F. Investigation Fees for permits to carry handguns. It was recommended to approve the implementation of a $10 investigation fee for processing applications for permits to carry handguns. G. Final Subdivision. Waterview. It was recommended to approve the final subdivision. R-94.72 H. Final Subdivision. Bachel's Backyard. It was recommended to continue this final subdivision to the October 18, 1994 City Council meeting. 1. Final Subdivision. Pond View Townhomes 1 st Addition Replat. It was recommended to approve the final subdivision. R-94.73 J. List of Election Judges for November 8 General Election. It was recommended to approve the list of election judges. K Delegation of Authority for Wetlands Conservation Act. It was recommended to delegate authority for water bodies under 10,000 square feet to the Water Resources Coordinator as presented. L Preparation of Plans for Schwanz Lake Capital Water Quality Improvements. It was recommended to authorize preparation of plans and specifications. M. Budget Adoption, Convention and Visitors Bureau. It was recommended to adopt the budget as presented. N. Joint Powers Agreement between the City of Eagan and Dakota County for Municipal Center Site Improvements. It was recommended to approve the first amendment to the library site joint powers agreement as presented. 0. Interim Use Ordinance. Southeast Industrial Development Moratorium. This Item was removed for separate discussion. P. Ordinance Amendment. Amending Land Use Regulations, to Provide for the Use of a Car Wash in the Neighborhood Business District. It was recommended to refer this item back to staff to redraft language allowing only convenience-type car washes in a neighborhood business district. 0. Contract 93-02 Approve Final Payment /Authorize City Maintenance, Cedar Grove 3. 4, 5. 6 and 9th Additions Utility and Street Reconstruction. It was recommended to approve the eighth and final payment in the amount of $10,835.70 to Valley Paving, Inc. and authorize acceptance of the improvements for perpetual maintenance subject to warranty provisions and authorize the Mayor and City Clerk to execute all related documents. R. Contract 93-10 Approve Final Payment /Authorize City Maintenance. Hawthorne Woods 3rd Addition Sanitary Sewer and Water Main Improvements. It was recommended to approve the fourth and final payment in the amount of $3,289.68 to Metro Utilities, Inc. and authorize acceptance of the improvements for perpetual city maintenance subject to warranty provisions and authorize the Mayor the City Clerk to execute all related documents. S. Contract 94-05 Change Order No. 1 Dodd Road Phase II Street Construction. It was recommended to approve the change order and authorize the Mayor and City Clerk to execute all related documents. 0G'-%J,-k, EAGAN CITY COUNCIL MINUTES; OCTOBER 4, 1994 PAGE 4 T. Contract 94-06 Change Order No 3 Wilderness Run Addition Street Reconstruction It was recommended to approve the change order and authorize the Mayor and City Clerk to execute all related documents. U. Proclamation, recognizing the 25th Anniversary of the Eagan Lion's Club. It was recommended to adopt the proclamation as presented. R-94.74 V. City Project No. 673. Trunk Highway 3 /School Road Streets and Utilities. Authorization to Acquire Easement/Right-of-way through Condemnation. It was recommended to authorize acquisition of easements and public right-of-way necessary for the project and to proceed through condemnation if necessary. W. Pcr ject 678. Deerwood Reservoir. Authorization to Acquire Property. It was recommended to authorize the acquisition of property necessary to construct the project through negotiations with the property owner and condemnation If necessary. X. Schedule Special City Council Meeting. Canvass Election Results. It was recommended to set a special City Council meeting on Wednesday, November 9 at 5:30 p.m. It was moved by Hunter, seconded by Wachter, to approve the Consent Agenda. Aye: 5 Nay: 0 Mayor Egan noted that a correction needs to be made in the September 20 minutes, verifying that the Council's intent was to appoint Wally Wall to the Solid Waste Abatement Commission. There being no objection, that correction was noted. 0. Interim Use Ordinance/Southeast Industrial Development Moratorium. Administrator Hedges noted that the City Council determined that an ordinance should be considered for a moratorium in that area so staff and various commissions could look at that area to determine the best long-term use for the area. The moratorium allows for the process to begin. It was the intent to include the neighborhood in the planning process. The Planning Commission had substantial discussion and recommended approval of the moratorium. They had an informational meeting on this as well. He stressed that this moratorium will not change the zoning. The purpose of the moratorium is so they can study the area to determine the best use of the property in the future. Mayor Egan concurred, stating that the moratorium is to initiate the study. The zoning is not the issue tonight. Gary Morgan noted that this moratorium will preclude businesses from expanding or modifying their space. Changes to meet health and safety standards for employees will not be allowed. There are concerns as to whether they will be able to get insurance if these modifications aren't allowed. He expressed a concern that this moratorium can be extended for 18 months beyond the expiration date. There was also a concern that with a moratorium, banks will not refinance their properties. If this moratorium Isn't done expeditiously, it will put people out of business or into bankruptcy. He stressed that people want to be involved in this discussion. Councilmember Awada agreed that this needs to be done expeditiously and noted that the people in that area will be involved in the process. She also suggested that If changes are needed for health and safety standards, that they be allowed to appeal it to the Council. Hunter noted that that is currently allowed in the ordinance. Gary Morgan added that there are several businesses in this area that need conditional use permits for outdoor storage. He feels these won't be able to be issued with a moratorium in place. Councilmember Wachter stated that the Council wants to have a good concise study done but would like to have it done in six months. Mayor Egan noted that there will be a full involvement in this study by all affected parties. EAGAN CITY COUNCIL MINUTES; OCTOBER 4, 1994 PAGE 5 John Young thanked the Council for the neighborhood meeting, and for allowing a process to appeal items to the Council during this period. He reviewed his plans for expansion. Councilmember Masin stated she is concerned about the financial burden it places on small businesses. She noted that there Is so little commercial Industrial property in District 196, and wondered whether the Council wants to take any industrial property in this area. Mayor Egan stated that there are ways to Increase industrial property in that area. Awada moved, Wachter seconded a motion to approve the ordinance amending Eagan City Code Chapter 11, entitled "Land Use Regulations (Zoning)" by adding Section 11.05 entitled 'Interim Use: Study Area"; and by adopting by reference Eagan City Code Chapter 1 and Section 11.99. It was also directed that City staff complete the land use study within six months of this date. Aye: 5 Nay: 0 UAM HE RING`S PROJECT 675 RED OAKS ADDITION STREETS AND UTILITIES Mayor Egan introduced this item as Project 675, Red Oaks Addition Streets and Utilities. Administrator Hedges stated that the City Council scheduled a public hearing on this and a feasibility report was prepared. Public Works Director Colbert explained the location, proposal and costs associated with this improvement. He indicated he has not received any objections. Mayor Egan opened the public hearing, and because there was no one wishing to speak, closed the hearing to public testimony. Wachter moved, Hunter seconded a motion to close the public hearing and approve Project 675. Aye: 5 Nay: 0 VACATE DRAINAGE AND UTILITY EASEMENT/PUBLIC RIGHT-OF-WAY MENDOTA ROAD AND LOTS 7 & 8 Mayor Egan introduced this item as vacating drainage and utility easement/public right-of-way for Mendota Road and Lots 7 and 8 of the Robert O'Neil Homestead. Administrator Hedges noted that there was a public hearing on September 6th on the vacation of the public right-of-way running parallel to the Soo Line Railroad and drainage utility easements on the Robert O'Neil Homestead. At that public hearing, there were some concerns expressed regarding the location of the city water main in relation to the easement. Public Works Director Colbert explained the location and noted they have not been able to reach a resolution or receive enough information to proceed with this vacation. The applicant concurred with staff's recommendation to continue this indefinitely until it can be resolved. Their application will be kept active so they won't have to reapply. New notices will be sent when it comes back to the Council. Masin moved, Hunter seconded a motion to continue this indefinitely. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING PROJECT 662 Mayor Egan Introduced this item as the final assessment hearing for Project 662, Cedar Grove Street Reconstruction. Public Works Director Colbert explained the location and project. He noted that the final assessment roll was prepared in accordance with the adopted policy; however, the Council directed staff to appraise approximately 5% of the affected properties to determine what the maximum benefit would be as a result of this project. The results were presented to the Council, and the Council adjusted the pending assessment roll to reflect those results. He noted that the Ken Applebaum Addition was assessed on a front foot basis because it is a multiple residential zone. Mayor Egan then opened the public hearing. Roland Higgs, 3941 Palisade Way, questioned what prompted the street improvement. He feels It was the water main. He feels the street was functional and didn't need to be improved. Doesn't feel he 0 -s ~~O 0 EAGAN CITY COUNCIL MINUTES; OCTOBER 4, 1994 PAGE 6 should be assessed for the street. He was also concerned about the quality of the work and about excessive material left in the area. He was also concerned about excessive speeding in the area as a result of the new roadway. Public Works Director Colbert noted that the city has experienced 13 water main breaks in the last 10 years In this area. It was felt that while they were reconstructing the streets, it would be beneficial to replace the water main at the same time. The cost to replace the water main was not assessed. Because the water main is 7-8 feet deep, there is a potential for settlement to occur along the water main, especially when it goes through the winter and spring freeze/thaw cycle. Therefore, to ensure a high quality finished product, it was decided to delay the final lift of bituminous until late spring of next year so they can identify any areas that have settled in the process. They will patch those areas and then put on the final surface. The street will be properly swept and cleaned up and because this street is being brought up to city standards, it will be part of the city's routine street sweeping program. The issues of noise and excessive speed were discussed. Councilmember Wachter noted that this problem has been increasing throughout the community and suggested raised speed berms be investigated and reiterated that he feels the speed limit in Eagan should be no more than 45 miles per hour anywhere besides the freeways. There being no one else wishing to speak, Mayor Egan closed the hearing to public testimony. Public Works Director Colbert noted that the City is financing 55% of the cost of this project. Councilmem- ber Wachter added that the project came in about $500,000 below the feasibility report. Mayor Egan stated he feels this was a very successful project. Councilmember Hunter asked how long this street is expected to last. Public Works Director Colbert indicated that streets have no definite lift expectancy; however, with routine maintenance, it should last 25-30 years. Hunter moved, Wachter seconded a motion to close the public hearing and approve the final assessment roll for Project 662 and order certification to Dakota County. Aye: 5 Nay: 0 RECONSIDERATION/CONDITIONAL USE/NATIONAL PROPANE CO. Mayor Egan introduced this Item as reconsideration of conditional use for National Propane Company. Administrator Hedges reviewed the history of this request. Community Development Director Reichert explained the location and original request. She noted they looked at different locations on the site to place the tank. There is one location In the back of the building that would meet the setback requirement; however, it would take up parking, and SuperAmerica doesn't want the tank at a site where they cannot keep it under visual observation at all times. She noted the distance from the curb line to the proposed location is 25 feet. She added that Pilot Knob Road will likely be widened at that location in the future, so a lot of that area will be used for that. Councilmember Hunter thanked the Fire Marshal for clarification of the Fire Code sections. He asked whether the location just inside the setback area by the original location would work. Community Development Director Reichert noted that people are parking in that area. Bill Ferris, representing SuperAmerica, noted they are trying to keep a consistent traffic flow in that area. It would be difficult if there is a vehicle parked in front of the tank at that location. He noted they would consider that location if the Council chooses. EAGAN CITY COUNCIL MINUTES; OCTOBER 4, 1994 PAGE 7 Councilmember Hunter stated he would have no objection to locating the tank in that area. Public Works Director Colbert stated he doesn't feel it would create a traffic problem at that location; however, he hasn't done any turn radius' to see If It would be a problem for large vehicles. Councilmember Wachter asked when Pilot Knob Road is proposed to be widened. Public Works Director Colbert noted that Dakota County has it identified in their five year plan. Wachter stated that because of that, he doesn't feel it should be located in the setback area. He would not oppose the location suggested by Councilmember Hunter. He feels there is a need for this type of service in the area. If there are problems with It in the future that are unforeseen at this time, the Council could ask them to remove ft. Mayor Egan concurred. Councilmember Masin stated she feels the exchange program is a viable and safer alternative. Rich Zehnder, of SuperAmerica, stated he feels the exchange program is a viable alternative for people with gas grills; however, with the tank, they can fill the cylinders cheaper, and also serve propane for forklifts, mobile homes and recreational vehicles. Public Works Director Colbert noted that when he was considering the traffic flow with the tank inside the setback area, he was only considering passenger vehicles. Recreational vehicles could cause some traffic flow problems at that location. Community Development Director Reichert indicated she feels her staff can work with them on finding a suitable location on the property. She suggested that conditions be added that it meet the Fire Code, and that additional landscaping be required for screening. She noted that If they are unable to find a suitable location, she will let the Council know. Hunter moved, Wachter seconded a motion to approve the conditional use permit for SuperAmerica for the outdoor storage of a 1,000 gallon propane dispenser on Lot 1, Block 1, SuperAmerica Addition, subject to the following conditions: 1) That the tank be located on the bituminous surface with approval of staff; 2) That it meet all Fire Code provisions; 3) That the perimeter of the tank be screened with appropriate landscaping as worked out with staff. Aye: 4 Nay: 1 (Masin opposed.) RESOLUTION TO ALLOW BOW HUNTING Mayor Egan introduced this item as a resolution to allow bow hunting in the City of Eagan. Administrator Hedges gave the history of bow hunting in the City of Eagan. He noted that there was a request to reconsider the ban on bow hunting, and the Council authorized preparation of an ordinance amendment. It was noted that the original request was done by motion; therefore a resolution was prepared instead to allow bow hunting within the city limits. Betty Bassett, Indicated she lives next to the Minnesota River Valley that has had special hunts sponsored by the DNR before, and is quite concerned that there are many unauthorized hunters participating in these hunts illegally. She feels there needs to be protection for their neighborhood and subdivision. She Is concerned for the safety of children. They can at least hear a gunshot; they can't hear a bow and arrow. r j() EAGAN CITY COUNCIL MINUTES; OCTOBER 4, 1994 PAGE 8 Norm Svien, stated he feel there are safe areas in the city to hunt. This is a cost effective way to reduce the deer population. He needs permission from the city to hunt on private property. Kevin Reeve, of Eagan, indicated that deer have no natural predators, and overpopulation causes disease and starvation. He is concerned about the number of deer being hit by cars. He feels hunting is a natural concluded method of control. Howard Goldman, representing Friends of Animals and Their Environment, stated that many animals are not killed or tracked by hunters. Virtually every study comes to the same conclusion: wound rates on bow hunting are very high. The average is over 50%. It is not an effective method of control. Animals deserve a quick and humane death. Bow hunting will not give that. Councilmember Awada asked why the DNR would support bow hunting If the wound rate is as high as the studies show. Mr. Goldman responded that it is probably because the DNR gets a lot of their money from fees from hunters. Brian Bebel, an Eagan resident, stated he hopes the vote is based on sound information. He doesn't feel the statistics given are accurate. He has never wounded an animal. Is concerned about the number of deer being hit by cars. He also noted that many wounded animals do not die as a result of their wounds. Discussion followed on how the statistics were arrived at and how "wounded" was defined for these studies. Bruce Konold spoke in favor of the resolution, expressing a concern about starvation of deer. John Parker, of the DNR, noted that the deer population is going up. He noted that the terminology used in studies is confusing. The term "wounded" can mean several things. He feels bow hunting is safe to do in this community and feels it is humane. The DNR report shows a wounding rate of 20%. Councilmember Masin noted that deer management is not just an Eagan problem. She feels the City needs help from the DNR on this issue. Mr. Parker indicated they are working with the Dakota County on a deer management plan. All they can do is work with cities by doing surveys and giving information. Wachter noted there are some properties currently getting the Green Acres deduction, planting corn to attract deer and then not even harvesting it. He disapproves of this. John Witt, representing Minnesota Bow Hunters, Inc., spoke in favor of the resolution. Bow hunting is a safe, effective method of control. Rosalie Parranto, of Richard Lane stated she is opposed to bow hunting. She would like to see a more humane way to control the deer population. Bob Pollick, of Inver Grove Heights, feels it is important to listen to the DNR on this issue. The high deer population is hurting his crops. Betty Bassett stated she is against hunting. She is opposed to cruelty and lack of fair play. If the DNR endorses this, they should allocate the resources to control the population. The City doesn't have the police force to regulate illegal hunting that is going on in Eagan. Bill Schroeder stated he doesn't want his tax money spent on sharpshooters. Jeff Steitz spoke in favor of the resolution. EAGAN CITY COUNCIL MINUTES; OCTOBER 4, 1994 PAGE 9 Linda Hatfield, of Friends of Animals and Their Environment, Indicated she served on the Minnesota Valley Deer Management Task Force. The task force did not recommend bow hunting. They recommended that If animals were to be killed, It should be through sharpshooting. She reviewed various aspects of the results of the task force as to how to reduce vehicle/deer collisions and noted that the City of Eden Prairie has a good deer management program and recommended they review that document. She suggested the City survey their residents. She feels the Council is only hearing from people Interested in bow hunting. Bow hunting is not a good management tool. John Michael, an Eagan resident, spoke in favor of the resolution. Mayor Egan then dosed discussion to public testimony and turned It over to Council members for discussion. Councilmember Awada noted that If this is passed, people still have to fill out an application and have It approved by the Council. It will only be allowed in certain areas. Councilmember Hunter stated he feels there needs to be control, and spoke in support of the resolution. Councilmember Masin stated she has learned a lot about deer management in the last year. She is concerned about the humane treatment of deer, particularly starvation and car kills. Mayor Egan indicated he will not change his vote. It is a very complicated issue. He is aware that the deer population is a serious problem, but feels it should be managed and regulated by the DNR. Bow hunting is not a significant method of deer management. It is merely for sport. He feels It is inappropriate for the City Council to be handling deer management. The DNR is the expert in this area, not the City of Eagan. Eagan is now 70% urbanized and doesn't feel it is appropriate. The DNR should continue with their special hunts and leave the city out of it. Wachter concurred, stating he only favors controlled hunts. He doesn't feel tax dollars should be spent on this. The DNR should be funding this. It is up to the legislature to make sure they have adequate funding. Awada moved, Hunter seconded a motion to approve the resolution. Aye: 3 Nay: 2 (Egan, Wachter opposed.) R-94.75 APPLICATION/BOW HUNTING PERMIT/NORM SVIEN Mayor Egan introduced this item as an application for special bow hunting permit for Norm Svien. Awada moved, Masin seconded a motion to approve the application for a special bow hunting permit for Norm Svien and Mike Duggenburger as presented. Aye: 3 Nay: 2 (Egan, Wachter opposed.) CONDITIONAL USE PERMIT/RICHFIELD SOD AND BLACKTOP Mayor Egan introduced this item as a conditional use permit for Richfield Sod & Blacktop, for outdoor storage. Administrator Hedges indicated that the Advisory Planning Commission considered this Item in July. Community Development Director Reichert explained the location and request. Staff is suggesting some additional landscaping. They are not requiring a storm drain system at this time, but it does need to be repaved. Staff will be monitoring the drainage on the property to make sure it is draining properly. The Johnsons are concerned that they may be required to install storm drain in the future. Another issue was whether the back should be paved. The Johnsons would like to leave it gravel; however, staff is recommending pavement. The Planning Commission limited the number of vehicles to 15; however, the Johnsons would like to be able to have 20. 00132 EAGAN CITY COUNCIL MINUTES; OCTOBER 4, 1994 PAGE 10 John Johnson indicated they are trying to purchase the property, but they need a conditional use permit. He urged Council approval. He feels there is a need for a garden store operation in this area. He expressed concerns over the landscaping requirement and the paving of the rear lot. He feels they need the limestone rock to absorb some of the water so that storm sewer is not needed. He noted he has one tractor trailer he would like to have allowed on the property. Councilmember Wachter stated this has been a problem area and he feels this is a viable solution for this location. He feels staff can work with the applicants on the landscaping. As long as the neighbors don't object, he doesn't feel the paving in the back is an absolute necessity due to the financial burden it will place on the applicant. He doesn't have a problem with the tractor trailer. Mayor Egan asked about the 15 vehicle restriction. John Johnson stated he reviewed the situation, and feels they could possibly use more vehicles in the future. He doesn't want to restrict himself. Community Development Director Reichert indicated she doesn't have a problem with that. Community Development Director Reichert noted that the reason for paving is for dust control, quality of runoff into the storm drain system, and aesthetics. The concern is that the runoff has sediment in it and it gets into the water quality system. In the past, the Council has given applicants a couple of years to come into compliance in cases of economic hardship. Discussion followed concerning whether this area should be paved, and how this area will drain. Public Works Director Colbert stated he isn't concerned about the quantity of water being drained; he is more concerned about the water quality. John Johnson noted that there is a sedimentation pond also. He is concerned they will be forced to install storm drain later if the area is paved. More discussion followed. Counciimember Hunter stated he feels the Council should decide now whether or not paving in the rear yard is necessary. If paving is not required, then the condition relating to drainage should stay in so it can be revisited. He feels the City should assume part of the risk on this. Public Works Director Colbert stated he feels that is reasonable. Wachter added that removal of underground tanks is expensive also and places a financial burden on them. Councilmember Awada stated she feels the reason for this condition is so if the City decides to install storm drain in the area, the applicant can't object to the assessments in the future. Public Works Director Colbert stated that part of the concern is not knowing how the drainage pattern will change based on the site improvements they do. Erosion may be a problem, and if it happens, they would like to be able to require storm drain to correct the problem. Rather than requiring them to install storm drain now that may not be needed, they thought they would put it off until it was proved necessary. Councilmember Masin stated she feels the condition for future storm drain should be left in. Mayor Egan concurred, stating he is cognizant of their efforts to redevelop this site. Counciimember Wachter noted that other people have looked at this property, and the underground tanks were a stumbling block. Council members agreed they will act in good faith on that condition and won't impose anything unreasonable. Ron Mielke, Ray Connolly Realty, explained some of the problems associated with the site that have hindered redevelopment. He feels this request is a good proposal for the site and the applicants have done a lot to improve this property. He feels the applicants requests are reasonable. Councilmember Awada asked about the request to have the tractor trailer on the site. Hunter stated he feels language should be added to allow one tractor trailer. EAGAN CITY COUNCIL MINUTES; OCTOBER 4, 1994 PAGE 11 Considerable discussion followed concerning the conditions related to the paving of the rear yard and the storm drain. Hunter proposed that the paving be phased in, and the condition relating to storm drain be left in. He stressed that this is for this property only because it is a unique situation. Hunter moved, Wachter seconded a motion to approve a conditional use permit to allow outdoor storage of vehicles, landscape materials and site plan improvements on Lot 5, Block 3, Letendre 2nd Addition, subject to the following conditions: 1) Submission and implementation of a landscape plan for the berm area north of the site and the area along Highway 13. 2) The applicant should upgrade the parking and storage areas with bituminous surface and bituminous curbing around the entire area, to be phased in over two years. 3) The applicant shall properly maintain all surfaced areas, curbing and premises. 4) Customer parking spaces shall be striped and drive aisles delineated. 5) The applicant shall construct a berm along the north property line and railroad ties/timber bins to screen the proposed storage. 6) Storage of vehicles not to exceed 20 shall be located in the northeast portion of the property up against a hill. Dump trucks, pickup trucks and sod trucks and trailers will be permitted. One tractor trailer vehicle will be allowed. 7) The City shall inspect the site for compliance with the conditional use permit one year after approval and shall determine whether the storm drainage system is creating any erosion or other problems. As a result of this review, additional conditions may be imposed by the City Council. 8) The applicant shall record the conditional use permit at the Dakota County recorder's office within 60 days of Council approval. Aye: 5 Nay: 0 Some discussion followed concerning what might be required If an erosion problem develops. Public Works Director Colbert noted that If the paving doesn't have to be completed for two years, they will be inspecting something that isn't completed. The condition giving one year to monitor the property was assuming the paving was to be done right away. They won't really know what the Impact will be If the paving isn't complete. After some discussion, Hunter and Wachter agreed to a friendly amendment to Condition #7 to read that the City shall inspect the site for compliance with the conditional use permit one year from the date the blacktop is put in. ORDINANCE AMENDMENT/MASSAGE THERAPY Mayor Egan introduced this item as a proposed ordinance amendment, massage therapy. Administrator Hedges reviewed the concerns expressed for changing the ordinance. Councilmember Hunter noted that language in the ordinance related to "rap parlors" would be unconstitutional If taken out of context. It refers only to "services" and doesn't specify massage therapy services. He feels that should be clarified. Awada concurred. EAGAN CITY COUNCIL MINUTES; OCTOBER 4, 1994 PAGE 12 DeAnn Johnson, of LifeTime Fitness, asked why their license depends on whether this ordinance passes or not. City Attorney Sheldon stated that there is an existing ordinance that she can apply for a massage therapy license; however, she would not qualify for a license under that ordinance because they don't have a resident manager, and it conflicts with the hours of operation as stated in the ordinance. Council member Wachter noted that there was a problem with prohibiting the locking of doors while a massage was being administered. He feels that perhaps they could have an "occupied" sign on the door and have a lock on the door that is only to be locked from the outside. They could then lock the door when the therapist leaves to protect their equipment. Councilmember Awada stated she is comfortable with this ordinance, with Councilmember Hunter's suggested change. Mayor Egan concurred. Gigi Decker, Executive Director of Massage Therapy at Care Chiropractic, urged Council approval. She expressed a concern about the requirement of having to show compliance with all laws of sanitation, and the requirement of having a medical certificate stating the applicant has no communicable diseases. She feels both requirements are very vague. Police Chief Geagan noted that this language is in the existing ordinance. Some discussion followed. Gigi Decker also expressed a concern that the investigation fees are very high and about language that addresses coverage of the massage therapist and client. She feels that language is not really related to legitimate massage therapy. Mayor Egan noted that this is also existing language. Councilmember Wachter stated that If staff feels that language should stay in the ordinance, he feels it should be left in. He feels the fees are reasonable. Awada concurred. DeAnn Johnson suggested that cities work together on a uniform licensing system and investigation. Wachter stated it is something they can work on. Mayor Egan stated that if the rest of the Council agrees, he doesn't feel they need the statement from a licensed physician that the applicant is free of communicable disease. Hunter moved, Awada seconded a motion to approve the amendment of the City ordinance relative to massage therapy, with the following revisions: 1. That Subdivision 3 be amended by inserting the words "massage therapy" prior to the first occurrence of the word "services"; 2. That the words, "All applications for a license to practice as a massage therapist shall be accompanied by a medical certificate from a physician duly licensed to practice medicine in the State of Minnesota stating that the applicant has no communicable diseases" be deleted from Subdivision 5. DeAnn Johnson expressed a concern that both the establishment and therapist need to have a license. There are many homebound and handicapped people that cannot get to a massage therapy program that they would like to get to, such as hospitals or homes. She asked whether they could just license the therapists. Hunter stated he is not comfortable with that since most of the ordinance deals with on-premises requirements. He feels the city needs protection against illegal activities. Some discussion followed. Aye: 5 Nay: 0 MASSAGE THERAPY LICENSE/LIFETIME FITNESS Mayor Egan introduced this item as the massage therapy establishment license for LifeTime Fitness. Awada moved, Hunter seconded a motion to approve a massage therapy license for LifeTime Fitness as presented. \S e-a l ~q •'~A 9 5iy 41../ EAGAN CITY COUNCIL MINUTES; OCTOBER 4, 1994 PAGE 13 MASSAGE THERAPIST LICENSE/LIFETIME FITNESS Mayor Egan introduced this item as the massage therapist license in conjunction with LifeTime Fitness. Hunter moved, Awada seconded a motion to approve a massage therapist license for DeAnn Johnson, subject to the submission of additional documentation as noted in the report. Councilmember Wachter asked whether his suggestion regarding the locks will be incorporated Into the ordinance. City Attorney Sheldon indicated he made a note of It, however, it wasn't part of the amendment. Mayor Egan stated he feels the language should be brought back to the Council. City Attorney Sheldon suggested it state, "Locks shall be keyed from the hallway only.' The consensus of the Council was to include that language in the ordinance amendment. Aye: 5 Nay: 0 INTERIM USE PERMIT/ASPEN HILLS CHURCH Mayor Egan introduced this item as an Interim Use Permit for Aspen Hills Church, to allow a temporary church at the southeast intersection of Lone Oak Road and Lexington Avenue. Administrator Hedges noted that the Advisory Planning Commission held a public hearing on September 27th. Community Development Director Reichert explained the location and request and noted that the Planning Commission recommended approval of the request with two conditions. She noted that in the past, the Council has been granting special use permits to activities that are not permitted by the Zoning Ordinance and allowing them to operate for a specified period of time. She feels the City needs to get away from this practice because it is in effect granting permits contradictory to the zoning. She feels there are some policy questions that need to be answered relative to this. She feels an interim use permit would be appropriate for this site because it is felt the site will be redeveloped for a more intense industrial use in the future. The Planning Commission recommended that some landscaping should be done at this time. Wachter moved, Masin seconded a motion to approve the interim use permit to allow Aspen Hills Church to occupy the existing building on Lots 1-5, Block 5, Eagandale Center Industrial Park #3, subject to the following conditions: 1) The permit must be recorded with Dakota County within 60 days of Council action with documentation provided to the City and the permit shall terminate three years from the date of City Council action. 2) A landscape plan shall be submitted with emphasis on screening the parking lot. Hunter noted that the only reason the Council is deviating from the standards is because this is an in'` use. Aye: 5 Nay: 0 INTERIM USE PERMIT/STEININGER RECYCLE Mayor Egan introduced this item as an Interim Use Permit for Steininger Recycle, Inc., to allow recycling of concrete along the south side of Yankee Doodle Road, west of Highway 149. Administrator Hedges noted that the Planning Commission held a public hearing on this on September 27 and are recommending approval. Community Development Director Reichert explained the location and request. She noted that an issue was raised about executing a waiver of objection to assessments. She has had further discussions with the Public Works Director, and they don't object to eliminating that condition. ,r-,, a Via': EAGAN CITY COUNCIL MINUTES; OCTOBER 4, 1994 PAGE 14 Greg Steininger, secretary of Steininger Recycle, Inc. urged Council approval and requested that the Council eliminate the condition requiring execution of a waiver on objection to assessments for Yankee Doodle Road Project. Wachter moved, Masin seconded a motion to approve an interim use permit for Steininger Recycle, Inc. to allow concrete recycling and stockpiling in a light industrial district located west of Highway 14, south of Yankee Doodle Road, subject to the following conditions: 1) The permit shall be recorded with Dakota County within 60 days of Council action and terminate two years from the date of Council approval. 2) Safety fencing shall be required at the top of all steep hillsides. 3) Dust control procedures shall be utilized. 4) The hours of operation shall be limited to 7:00 a.m. - 7:00 p.m., Monday through Saturday. 5) A 150' long bituminous driveway shall be installed at the time of the Yankee Doodle Road improvement. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/STEININGER CONSTRUCTION Mayor Egan introduced this item as a Conditional Use Permit for Steininger Construction Co., Inc., to allow outdoor storage of construction equipment at the northwest intersection of Mike Collins Drive and Aldrin Drive. Administrator Hedges noted that the Planning Commission held a public hearing on September 27 and recommended approval. Community Development Director Reichert explained the location and request. Awada moved, Wachter seconded a motion to approve a conditional use permit for outdoor storage and site plan for Steininger Construction Co., Inc. on Lots 14-16, Block 3, Eagandale Center Industrial Park #4 located at the northwest intersection of Mike Collins Drive and Aldrin Drive subject to the following conditions: 1) The applicant shall have the Dakota County Auditor combine the three lots within 60 days of City Council action. 2) The applicant shall record this Conditional Use Permit at the Dakota County Recorder's office within 60 days of City Council action. 3) The applicant shall properly maintain the parking area and premises. 4) The applicant shall expand the existing wetland by 3,425 square feet with an average depth of four feet below the normal water level. 5) The applicant shall protect the existing wetland with an area of 6,000 square feet. 6) The proposed parking lot shall drain to a proposed catch basin that drains to the new wetland that will be located on the west edge of the site. EAGAN CITY COUNCIL MINUTES; OCTOBER 4, 1994 PAGE 15 7) A storm sewer outlet that connects to the existing storm water in Aldrin Drive shall be provided for the wetland located on the west edge of the site. 8) The sanitary sewer service shall include a manhole at the right-of-way line of Mike Collins Drive. 9) The driveway connection to Aldrin Drive shall be constructed with a concrete apron with a minimum width of 30 feet. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/LULL INDUSTRIES Mayor Egan Introduced this item as a Conditional Use Permit for Lull Industries, to allow outdoor storage of equipment and materials west of T.H. 13 and north of Meadow View Road. Administrator Hedges noted that the Planning Commission held a public hearing on September 27, and recommended approval. Community Development Director Reichert explained the location and request. She explained some drainage and erosion issues in the area. Jim Wisnoski, of Lull Industries, thanked the City of Eagan for helping them to reestablish their name. Wachter moved, Awada seconded a motion to approve a conditional use permit with a site plan for Lull Industries for outdoor storage of parts and equipment on part of Government Lot 2, Section 9, located on Sibley Memorial Highway subject to the following conditions: 1) The applicant shall record this Conditional Use Permit at the Dakota County Recorder's office within 60 days of City Council action. 2) The applicant will be required to construct a watermain system with hydrants that are spaced within 300 feet of the buildings to improve fire protection to the site immediately upon the first of any building expansion. 3) The applicant shall properly maintain the parking and storage areas. 4) The applicant shall prepare a status report of the site conditions and an overall plan for handling storm drainage erosion problems for the Advisory Planning Commission review In October 1995. As a result of this review, additional conditions may be imposed by the City Council. 5) The parking and long-term inventory storage area serving this development shall be surfaced with bituminous or concrete pavement in accordance with City Code requirements. Aye: 5 Nay: 0 PRELIMINARY PLAT/SKYLINE HEIGHTS Mayor Egan introduced this item as the preliminary plat for Skyline Heights, consisting of two single family lots on 1.4 acres located north of Lone Oak Road. Administrator Hedges noted that the Planning Commission held a public hearing on September 27, and recommended approval. 0C EAGAN CITY COUNCIL MINUTES; OCTOBER 4, 1994 PAGE 16 Community Development Director Reichert explained the location and request. Hunter moved, Awada seconded a motion to approve the preliminary subdivision consisting of two lots on 1.4 acres of land at 1521 Lone Oak road, subject to the following conditions: 1) The developer shall comply with standard conditions of plat approval Al, B1, B2, B3, C1, C2, C3, D1, E1, F1, G1 and H1 as adopted by Council action on February 2, 1993. 2) The existing shed located on the common lot line in between Lots 1 and 2 shall be moved prior to final plat approval. 3) A tree preservation plan shall be submitted with the building permit application. 4) This development will be required to obtain a cross easement from the owner of Lot 2, Block 3, Prettyman Heights for the proposed driveway that will serve Lot 1 of this development. Aye: 5 Nay: 0 LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE Councilmember Hunter gave an update on the High School Site Selection Task Force. He noted that the task force narrowed it down to three sites. Staff will now try to negotiate with each of these sites. School boundaries will then be considered by the task force. Councilmember Hunter noted that he will be gone on Wednesday when the Dakota County League of Governments is meeting, and wondered whether someone else wanted to attend. Administrator Hedges indicated he is planning on attending. Councilmember Awada indicated she will attend in his place. ADMINISTRATIVE AGENDA Change Order #1 Police Facility/Municipal Center Expansion. Administrator Hedges explained the change order. Hunter moved, Wachter seconded a motion to approve change orders covering Bergh's Fabricating - pco #2, McGuire Mechanical - pco #1, and Peterson Electric - pco #3 to the Police Facility/Municipal Center Expansion in the amount of $7,928. Aye: 5 Nay: 0 CorrectionfSeptember 6 Regular Council Minutes. Hunter moved, Awada seconded a motion to approve a correction to the September 6, 1994 regular City Council minutes relating to Consent Agenda Item D, Resolution Adopting a Comprehensive Guide Plan Amendment for Elementary School #18, to properly reflect the zoning to PF (public facility). Aye: 5 Nay: 0 Project 647. Receive Final Assessment Roll/Schedule Public Hearing (Englert Road Streets & Utilities). Wachter moved, Hunter seconded a motion to receive the final assessment roll for Project 647 and schedule a final assessment hearing to be held on November 1, 1994. Aye: 5 Nay: 0 Authorize Solicitation of Quotes for Snow Removal Services. Wachter moved, Egan seconded a motion to authorize the competitive solicitation of contractual snow removal services for the 1994-95 snow removal season. Aye: 5 Nay: 0 Contract 94-17. Approve Plans and Specifications /Authorize Ad for Bids (Red Pine Lane. Street & Utility Improvements). Hunter moved, Wachter seconded a motion to approve plans and specifications for Contract 94-17 and authorize a bid advertisement for 10:30 a.m., Friday, October 28, 1994. Aye: 5 Nay: 0 94.75.1 EAGAN CITY COUNCIL MINUTES; OCTOBER 4, 1994 PAGE 17 sits v$Ea Don Klein, 4070 Dodd Road, addressed the Council relative to his assessment for getting sanitary sewer to his property. He noted that when the sewer installation was made, he had no contact from the city regarding what was planned or options available to them. Their septic system is showing signs of needing replacement and they need to hook up to sewer. Upon inquiring with the City, they indicated their intention Is for them to make a connection at the cul-de-sac on the east end of their property. He recently spoke with someone in the Engineering Department who showed a different possibility closer to their home site. When he spoke to a contractor, he indicated that wasn't feasible because of the elevation of the road. He felt it would be cost prohibitive. If he has it installed at the original location, it will cost him $12,000-$13,000. He feels that because they can't connect adjacent to their home site, it creates a financial hardship for them. He asked the Council to consider to waiving or reducing the sanitary sewer assessment. Discussion followed concerning the costs involved. Public Works Director Colbert noted that there are over 1,000 feet of frontage on the property. There was only 250 feet assessed for the lateral benefit from the sanitary sewer that he would connect into at either location. This property was not assessed any trunk area sanitary sewer when this sewer was installed in the area. The majority of the property around it was assessed. Recognizing the hardship, the trunk area assessment will only be assessed for one lot, the existing homestead, at $775. The total assessment amounts to about an 80% reduction. When the sanitary sewer was installed in 1987, they acquired an easement from the Kieins to construct this line, and they were compensated $6,500 for that easement, and there were no assessments levied as a part of the project at that time. The Kleins would like further consideration for adjustment of the cost of connecting to the sanitary sewer. Public Works Director Colbert stated he recognizes that running the service across Dodd Road into this line is costly. Another option would be to auger or jack under the roadway, which may be a less expensive alternative. If cash flow becomes a problem, the City could install the service across the roadway, and spread the cost of the assessment over 15 years. The costs involved are actually less than what other properties in the area have paid, but they recognize that the Kleins have been a long term homesteaded property owner for over 20 years. Awada stated that $5,000 is a reasonable amount from the City's standpoint; however, she feels the combination of the $5,000 along with the cost of running the line 400 feet is cost prohibitive. Wachter stated he really can't make a justifiable position until he knows how much it will cost to auger under the roadway. Public Works Director Colbert noted that this parcel has the ability to be split and a second service could be provided for a house located with access off the cul-de-sac in the future. He would recommend that they pursue service across Dodd Road. If the service is run to the cul-de-sac, it will impact the ability of that lot being subdivided and will have to grant cross easements. It would also go through the woods. Mr. Klein concurred, stating they would have to remove a lot of trees If a line is run to the cul-de-sac. Public Works Director Colbert indicated he can check to see whether they could add this to an existing contract with the use of a change order. If the Council agrees, they could finance it over 15 years as a public improvement. Mayor Egan stated he would like to do that. Wachter concurred, stating he can see why he doesn't want to run the line through the woods. He feels it Is up to the Kleins whether they want to pursue this. The City will be flexible. Hunter concurred, stating he agrees the City can finance the payments. He feels the City has already done a lot to mitigate their assessments. He doesn't think the assessments should be waived. Awada stated she would like to know how much it will cost to auger under the roadway. Wachter EAGAN CITY COUNCIL MINUTES; OCTOBER 4, 1994 PAGE 18 stated he feels service should come from Dodd Road to keep the flexibility of the property so he can develop It In the future. Hunter and Egan concurred, stating it will preserve their development rights. Awada moved, Wachter seconded a motion to work with staff to either auger directly across Dodd Road, straight to the cul-de-sac connection, or along the property line, depending on which is more practical and feasible, bearing In mind the subdivision and development issues, with the understanding that the Council will go along with the lower of the two costs, with no further reduction in assessments, and that the payments can be spread over 15 years. Aye: 5 Nay: 0 Some discussion followed. Community Development Director Reichert expressed a concern about violations to the outdoor storage ordinance at Magnum Towing, which is located in Halley's Addition. They are in the process of sending them a letter requesting that they come Into compliance. Councilmember Hunter suggested that since they are looking at the long term use of this property, that they persuade them that cleaning up these types of problems might help their cause. He stated they should still send the letter asking them to come Into compliance. Community Development Director Reichert noted that this situation has been there long before the issue of the moratorium and zoning came up in that area. Administrator Hedges requested that special Council meetings be scheduled for October. Hunter moved, Awada seconded a motion to set special Council meetings on October 11 and 18 at 5:00 p.m. Aye: 5 Nay: 0 Administrator Hedges referred to a memo from Cable Coordinator Mike Reardon about appearing on the 'Know It Alas" show. They need a Council member to participate on the team for Eagan to appear against a team from Burnsville. Councilmember Masin volunteered to participate. Councilmember Wachter asked about the status of the Gil Amundson request. Community Development Director Reichert indicated that their consultants have not gotten documentation back to them. As soon as they get it, they will place it on the next agenda. Councilmember Wachter stated he attended the groundbreaking for the School of Environmental Studies for School District #191. He feels it will be a wonderful opportunity for students at that school. Councilmember Hunter that Gary Humphries, who served on the Site Selection Task Force, suggested that Eagan get a magnet type school, along the lines of trees or the environment. Councilmember Wachter stated he is satisfied with the information from the architect regarding the Municipal Center expansion. He requested that the Public Works Director look into the speed bumps to control speeding. He reiterated that Eagan should adopt a 45 mile per hour speed limit throughout the community. Mayor Egan noted that he spoke with one of the owners of Wescott Square, who indicated that several of the owners are interested in discussing some sort of joint ownership of that complex. Mayor Egan noted that Scott Wynn of Cedar Ridge Church called him about 45-60 volunteers available from the Cedar Ridge School, and wondered whether they could be utilized in Public Works or Parks and Recreation. Councilmember Masin stated she feels staff should write a letter about the deer Issue stating that It Is a state problem and they should be addressing ft. 0 EAGAN CITY COUNCIL MINUTES; OCTOBER 4, 1994 PAGE 19 Community Development Director Reichert noted that the Steiner request is back on the Planning Commission agenda for a conditional use permit. Staff has been working with them. CHECK REGISTER After several questions, Wachter moved, Egan seconded a motion to approve the check register dated October 4, 1994 in the amount of $2,185,560.45. Aye: 5 Nay: 0 ADJOURNMENT Wachter moved, Egan seconded a motion to adjourn the meeting at 11:30 p.m. Aye: 5 Nay: 0 DLP October 4, 1994 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.