Loading...
12/07/1994 - City Council Regular 0 0,18"1 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota December 7, 1994 A regular meeting of the Eagan City Council was held on Tuesday, December 7, 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, City Attorney Jim Sheldon, and Finance Director Gene VanOverbeke. Awada moved, Hunter seconded a motion to approve the agenda. Aye: 5 Nay: 0 Councilmember Hunter requested some corrections on page 7. In paragraph 2, first sentence, he requested that the words "view the property" be changed to read 'view all properties to be subdivided". He also requested that language be added that describes what the loophole in the tree preservation policy is. He requested that the language "of the driveway" be added to the end of condition #4. On page 8, he requested that language be added to paragraph 4 to read, "The Council concurred that the applicant should be responsible for the cost of the boardwalk only up to the cost of a bituminous trail. Any overage will be borne by the City." Wachter moved, Hunter seconded a motion to approve the minutes as amended. Aye: 4 Nay: 0 (Awada abstained.) Hunter moved, Masin seconded a motion to approve the minutes as presented. Aye: 3 Nay: 0 (Awada and Wachter abstained.) Hunter moved, Awada seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 At this time, Mayor Egan stressed that the agenda is very lengthy and people need to be cognizant of how much time is being spent on each Item. He noted that if a viewpoint has been shared, it does not need to be repeated, and requested the audience members to be courteous and respectful of the time limitations. Paulette Lewis raised the issue of shoveling sidewalks. She feels the City of Eagan should enforce an ordinance requiring people to dear sidewalks. It is not safe for people to walk In the winter. Counciimember Hunter noted that trails need to be differentiated from sidewalks and suggested there needs to be two policies. Councilmember Wachter noted that it hasn't been done in the past to keep taxes down. He doesn't think the City even has the equipment to do this. After some discussion, Mayor Egan requested that it be placed on the next workshop. C N AGEND Mayor Egan acknowledged the resignation of John VonDeUnde, and expressed his disappointment in the loss of such a good employee. He feels it is an indication of the quality of people that the City of Eagan has. OOZiS EAGAN CITY COUNCIL MINUTES; DECEMBER 7, 1994 PAGE 2 In regard to Item D, Change Orders. Police Department Building Project. Councilmember Wachter raised several questions, of which Jon Hohenstein indicated he will follow up on. In regard to Item F, Accept Resignations. Cable Commission. Councilmember Wachter requested that letters be sent to them thanking them for their service. In regard to Item 1, Ordinance Amendment. Allowing Car Washes as a Conditional Use in a Neighborhood Business Zoning District. Councilmember Hunter stated he felt it was the Council's request to limit car washes to those that wash one car at a time. He requested that the ordinance be amended to reflect that. A. Personnel Items Item 1. It was recommended to approve the promotion of Tracy Harrell, John King, Jr. and Roger New to Police Officers. Item 2. It was recommended to approve contracting with John Glynn and Kim Hopkins to provide ice skating lessons for the winter season. Item 3. It was recommended to approve contracting with Irena Vyatkins as a temporary contractual dog obedience instructor. Item 4. It was recommended to award the contract for Life/AD&D/Long Term Disability Insurance to the CIGNA Group Insurance as presented by the AT Group, subject to CIGNA's final rates. Item 5. It was recommended to accept the resignation of Superintendent of Parks John VonDeUnde. Item 6. It was recommended to accept the resignation of Administrative Assistant Linda Cummings. Item 7. It was recommended to accept the resignation of Utility Maintenance Worker Brett Collier. Item 8. It was recommended to approve the hiring of Sheila Dandurand In conjunction with Eagan High School's business internship program. B. Plumbers Licenses. It was recommended to approve the plumbers licenses for Loren Brown Plumbing, Property Repair Service Inc., and R.C.I. Mechanical as presented. C. Amendment. Eagan City Code Chapter 6.37. `Other Business Licensing and Regulation" to Enact a Moratorium on Issuance of Additional Residential and Combination Refuse and Recycling Hauling Licenses. It was recommended to approve the ordinance as presented. R-94.89 D. Chanae Orders. Police Department Building Project. It was recommended to approve the 18 change orders as presented in the amounts Indicated with the understanding that the amount of $9,244.87 will be charged against the project contingency. The $2,371.51 amount to Peterson Electric will be charged against General Fund balance as approved in the project budget on November 1, 1994. E. Contract 94-19. Approve Plans and Specifications. Authorize Advertisement for Bids. Miscellaneous Water Qualfty Improvements. It was recommended to approve the plans and specifications for water quality improvement projects and authorize the advertisement for bids for Contract 94-19. (Mayor Egan abstained.) EAGAN CITY COUNCIL MINUTES; DECEMBER 7, 1994 PAGE 3 F. Accept Resignations. Cable Commission. It was recommended to accept the resignations of James Malec and Susan Shaffer from the Burnsville/Eagan Cable Commission, such vacancies to be filled as part of 1995's organizational business. G. Final Subdivision. Broman Addition. Skyline Pond. North of Yankee Doodle Road. It was recommended to approve the final subdivision. R-94.90 H. Recommendation. Solid Waste Abatement Commission, to Add Mixed Office Pager to Residential Recycling Collection. It was recommended to approve the recommendation and adopt the resolution as presented. 1. Ordinance Amendment Allowing Car Washes as a Conditional Use in a Neighborhood Business Zoning District. It was recommended to approve the ordinance amendment as amended by the Council. J. Special Hunting Permit. Gerald R. Demoewolf. It was recommended to approve the special bow hunting permit as presented. K. Contract 92-JJ. Acknowledge Completion /Authorize City Maintenance: Sts. Martha and Mary Addition Storm Sewer. It was recommended to acknowledge completion of Contract 92-JJ and authorize the release of the financial security. L Contract 95-01. Agprove Plans and Specifications. Authorize Advertisement for Bids. Civic Arena Project. It was recommended to approve plans and specifications and authorize advertisement for bids for Contract 95-01. Hunter moved, Wachter seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 Schedule Bid Award /Relocation of Radio Eauipment and Tower. Hunter moved, Awada seconded a motion to accept the specifications for relocation of radio equipment and tower and schedule a bid opening for 2:00 p.m. on Tuesday, December 27, with the bid award scheduled for the January 3, 1995 regular City Council meeting. Winter Recreation Leaders. Administrator Hedges noted that the City has had some difficulty In hiring warming house attendants for ice skating rinks. Counciimember Hunter reviewed the options as laid out in the staff memo, indicating he doesn't In favor of paying more to rink attendants, but he doesn't think the rinks should be closed. He suggested the City operate the rinks with timers on the lights and not open the shelters If an attendant Isn't available. He suggested putting a sign on the shelter doors Indicating there are openings available. Councilmember Masin suggested that families might volunteer to attend the shelters. After some discussion, Hunter moved, Masin seconded a motion to open as many warming shelters as possible but continue to maintain all rink locations for skating purposes. Aye: 5 Nay: 0 1995 PROPERTY TAX LEVY AND GENERAL FUND BUDGET Mayor Egan Introduced this item as 1995 budget and 1995 property tax levy. Administrator Hedges explained the Truth-in-Taxation law and the process used. He indicated that he and the Finance Director would be happy to meet with a group of residents about any aspect of the budget. He noted that the City zsni EAGAN CITY COUNCIL MINUTES; DECEMBER 7, 1994 PAGE 4 only has control over 18.9% of the property taxes. The remainder is controlled by the school district and county. He reviewed the comparison between the 1994 and 1995 budgets and tax capacity rates and gave examples of the percent of levy and amount of levy used for various services on a $120,000 home. He reviewed the summary of revenues and expenditures and explained the differences between an Increase in taxes and change in market value. He reviewed the property taxes in Eagan compared to other communities. He pointed out how Local Government Aid affects property taxes, stating he feels the system Is Inequitable. Councilmember Wachter expressed his displeasure on fiscal disparities, noting he would like to have that amount put on the property tax statements. Mayor Egan announced that there will be another public hearing on this on December 14th, and opened the public hearing. Bill Henning expressed a concern about his taxes going up, and noted that although the tax capacity rate didn't go up, the Council could have reduced the tax rate so that no more money was collected this year than last. Administrator Hedges noted that during the initial budget meetings, the department budgets were reduced by the Council. Mr. Henning noted that there are a lot of new homes In Eagan which should increase the tax base, and although more homes increase the need for services, he would like to see the tax rate reduced so property taxes aren't Increased in the future. Councilmember Hunter noted that in order to do that, the City would have to decrease the amount of services. He noted that while commercial properties generate more tax revenue than they cost in services, residential property costs more for services than the Increase In the tax base. Councilmember Awada asked for an explanation on how the valuation dropped as a result of commercial property. The Finance Director explained that the City lost commercial/industrial market valuation through decrease in market values of approximately $15 million between 1994 and 1995. Approximately 68% of the increase in market value relates to new construction. The rest relates to increased value on existing properties. Mayor Egan added that the City contributed $30 million in the last three years to fiscal disparities. There being no one else wishing to speak, Mayor Egan turned the hearing back to the Council. Hunter moved, Awada seconded a motion to close the public hearing, and that another public hearing be set for 7:00 p.m. on December 14, 1994. Aye: 5 Nay: 0 DUCKWOOD ESTATES ADDITIONAL STREETLIGHTS Mayor Egan introduced this item as Project 676, Duckwood Estates Additional Streetlights. After a brief Introduction by Administrator Hedges, Public Works Director Colbert gave a staff report on this project. Mayor Egan then opened the hearing for public testimony. There being no one wishing to speak, Mayor Egan turned the hearing back to the Council. Wachter moved, Hunter seconded a motion to close the public hearing and approve Project 676, authorizing its installation through Dakota Electric Association In accordance with the standard franchise agreement provisions. Aye: 5 Nay: 0 VACATION - CENTER STREET (VERDANT ACRES) Mayor Egan introduced this item as vacation of public right-of-way, Verdant Acres. Public Works Director Colbert gave a staff report on this project. Mayor Egan then opened the hearing to public testimony. There being no one wishing to speak, Mayor Egan turned the hearing back to the Council. Awada moved, Masin seconded a motion to close the public hearing and approve the vacation of a portion EAGAN CITY COUNCIL MINUTES; DECEMBER 7, 1994 PAGE 5 of Center Street and authorize its certification to Dakota County concurrent with the final plat documents of Verdant Acres. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING/DELINQUENT BILLS Mayor Egan introduced this Item as the final assessment hearing on delinquent weed cutting and miscellaneous bills and opened the hearing to public testimony. There being no one wishing to speak, Mayor Egan turned the hearing back to the Council. Hunter moved, Wachter seconded a motion to close the public hearing and approve the final assessment roll for delinquent weed cutting notices and miscellaneous bills and authorize certification to the County for collection. Aye: 5 Nay: 0 AUTHORIZATION TO PREPARE FEASIBILITY REPORT (WEST LONE OAK ROAD STORM SEWER) Mayor Egan introduced this Item as Project 679, authorization to prepare feasibility report, West Lone Oak Road Storm Sewer. Public Works Director Colbert gave a staff report on this project, reviewing the history of drainage problems on the property at 1555 Lone Oak Road and reviewed some alternatives to alleviate these problems. He indicated that in order to evaluate these alternatives, a feasibility report needs to be done. The county has agreed to fund 50% of the cost of the study. Councilmember Hunter stated he feels the City's share of $2,200 is a lot of money to spend on one resident of the City. Councilmember Wachter stated he feels the Public Works Committee should have reviewed this. Other Councilmembers agreed. After some discussion, Wachter moved, Hunter seconded a motion to refer this to the Public Works Committee Aye: 5 Nay: 0 REQUEST TO FINANCE TEMPORARY STORM SEWER (RED PINE LANE - PINES EDGE ADDITION) Mayor Egan introduced this item as Project 673, request to finance temporary storm sewer, Red Pine Lane - Pines Edge Addition. Public Works Director Colbert gave a staff report on this project. He noted that he has made contact with the property owners and they appear to be willing to work with the city to acquire the necessary easements. Hunter moved, Masin seconded a motion to authorize the acquisition of utility and drainage easements from Parcels 010-82, 010-75, 021-75 and 022-08 through condemnation with appraisals if necessary. Aye: 5 Nay: 0 WAIVER OF PLAT/STRYKER ADDITION Mayor Egan introduced this item as waiver of plat for Lot 1, Block 1, Stryker Addition, along Beau D'Rue Drive in the Northeast Quarter of Section 19. After a brief Introduction by Administrator Hedges, Community Development Director Reichert gave a staff report on this issue. Hunter moved, Awada seconded a motion to approve the waiver of plat for Stryker Addition as presented to split the parcel into two separate tax parcels subject to the following conditions: 1. Waiver of plat shall be recorded within 60 days of Council action with documentation provided to the City. 2. The new legal description for Hillside Apartments shall be combined through a lot combination with the approximately 6.5 acre lot abutting the property to the southeast (PID #10-01900-010- 10) EAGAN CITY COUNCIL MINUTES; DECEMBER 7, 1994 PAGE 6 3. An agreement stating that Hillside Apartments and PID X10-01900-010-10 cannot be conveyed or transferred separately and shall be recorded with the waiver of plat. Aye: 5 Nay: 0 R-94.91 REVIEW OF CONDITIONS TO CONDITIONAL USE PERMIT/HUSSEIN ANSARI Hunter moved, Wachter seconded a motion to continue review of conditions to the conditional use permit for Hussein Ansari Indefinitely. Aye: 5 Nay: 0 FINAL SUBDMSION, VERDANT ACRES Mayor Egan introduced this Rem as final subdivision for Verdant Acres. Wachter moved, Masin seconded a motion to approve the final subdivision. Aye: 5 Nay: 0 REZONING/PRELIMINARY SUBDIVISION PINES EDGE 2ND ADDITION/SHAMROCK DEVELOPMENT Mayor Egan introduced this Rem as a rezoning for Pines Edge 2nd Addition - Shamrock Development, of .89 acres from Public Facility to R-1, Single Family, and Preliminary Subdivision for 1.37 acres, north of Biscayne Avenue and east of Highway 3. After a brief introduction by Administrator Hedges, Community Development Director Reichert gave a staff report on this project. Wachter moved, Masin seconded a motion to approve a rezoning for Pines Edge 2nd Addition/Shamrock Development of .89 acres from Public Facility to R-1 Single Family. Aye: 5 Nay: 0 Awada moved, Wachter seconded a motion to approve the preliminary plat of 4 lots on 1.37 acres subject to the following conditions: 1. The developer shall comply with standard conditions of plat approval Al, B1, B2, C1, C2, D1, El, F1, G1 and H1 as adopted by the Council on February 3, 1993. 2. The development shall be responsible for removal of the existing gravel driveway from Weston Hills Drive to the east edge of the site. 3. The developer will be responsible for terminating the private access easement across the north property line of the site. Aye: 5 Nay: 0 R-94.92 REZONING/EAGAN FAMILY HOUSING LIMITED PARTNERSHIP Mayor Egan introduced this Rem as a rezoning for Eagan Family Housing Limited Partnership, of 8.1 acres from R-4 to Planned Development on the east side of Johnny Cake Ridge Road, north of Oak Ridge Elementary School. After a brief Introduction by Administrator Hedges, Community Development Director Reichert gave a staff report on this project. She reviewed the current zoning and history of the zoning on this property. She noted that zoning cannot be used to regulate the price of homes, whether they can be rental or owner-occupied, or what type of person can live there. She noted that the City is committed, through its Comprehensive Plan, to provide a full range of housing types throughout the City. EAGAN CITY COUNCIL MINUTES; DECEMBER 7, 1994 PAGE 7 The plan also states that types of housing should be scattered throughout the city, and that certain types should not be concentrated in one area of the city. The plan supports the need for executive housing, and reinforces the city's commitment to provide a full range of housing, including moderate and low-income housing. The City has consistently stated it supports smaller developments and that they should be scattered throughout the community. The HRA has indicated that there is a need for low income housing in the city and that there Is a long waiting list for this type of housing. The City Council has met twice on this and it was felt this area would be more appropriate than other areas for this type of housing. She noted that under the current zoning, the owner could have up to 16 apartment units per acre on this property. Kerry GUI, Deputy Director of the Dakota County HRA, and representing the Eagan Family Housing Partnership, gave a presentation on the project, reviewing the type of construction, landscaping, tenant screening, rent structure, and management. Yvette Quarfot, Finance Coordinator for the Dakota County HRA, explained the criteria used for potential tenants and reviewed statistics supporting the need for affordable housing. Todd Iliff, attorney representing the Trails of Thomas Lake Townhouse Association, stated he feels the land use is not compatible with the neighboring properties and is inconsistent with the City's Comprehensive Guide Plan. There are very few rental units In this area. It may result In stagnation or diminution of the value of the properties. The Guide Plan calls for more single family homes and fewer rental units. The Orfieid report ranks Eagan high in affordable housing. He doesn't feel the HRA can compare their other projects with this one because neither are located in predominantly single family areas. If this is approved, they would like to ensure the development agreement provides for sufficient screening, landscaping and buffering to minimize the impact of this development on the surrounding properties. Jeannie Taylor, Northwood Gate Lane, indicated her opposition due to traffic and safety concerns for the children in the neighborhood. She is opposed to the extension of Clemson Drive. She is also concerned about overcrowding of Oak Ridge Elementary, and the necessity of changing school boundaries because of it. She feels this type of development should be placed in an undeveloped area, so surrounding neighbors can choose whether they want to build next to this type of complex. Mayor Egan asked about the extension of Clemson Drive. Public Works Director Colbert Indicated that the extension of Clemson Drive has always been In the long range transportation plan. He feels it is adequate to handle both vehicle and pedestrian traffic. Peter Yacukowicz, 4231 Wexford Way, stated he is concerned about the potential residents who will live there. Many of them may not have vehicles, and feels this development should be located in an area accessible to grocery stores and retail establishments. Public transportation at this location is limited. The HRA used examples of wages at several Eagan businesses, and feels the project should be located near those businesses. This would create an island of rental property surrounded by owner occupied single family homes and townhomes. He feels there are more appropriate sites, and feels the HRA should look at alternative sites. Councilmember Hunter asked whether there are any figures on how many residents in the other two HRA owned developments own a vehicle. Jessica Cook, Director of Property Management for the HRA, indicated that 95% own their own vehicles. Community Development Director Reichert reviewed the proximity to shopping, and public transportation available in this area. Marie Dalton, 1530A Clemson Drive, stated she is opposed because she feels it will impede her safety. Mayor Egan stated that the Council needs to look at the legal criteria and neighborhood concerns and balance those Issues In an objective manner. EAGAN CITY COUNCIL MINUTES; DECEMBER 7, 1994 PAGE 8 Councilmember Masin asked about the criminal history checks and how much authority the HRA has to enforce the information they receive. Jessica Cook reviewed the process used for doing criminal history checks. She noted that there doesn't have to be a conviction for them to turn down a potential tenant. If there Is an arrest for something that would make them a poor tenant, they deny them access to the units. Councilmember Hunter addressed the intensity of development on this site. He reviewed the zoning history of this area, noting that a downzoning study was done around 1990, and it was decided that this area should not be downzoned to R-1 because if it was, the City could face damages as a result of an unconstitutional taking without compensation. City Attorney Sheldon explained the standard of vesting. He noted that this property was found to have vested rights in Its existing zoning of R-4. Therefore, if the property is rezoned by the City, it would have to provide compensation to the owner. If the property owner makes the request to rezone the property, the property owner gives up their rights to compensation. Councilmember Hunter added that it was determined that if the property were rezoned to R-1, that the land value would drop $40,000 per acre. Mayor Egan added that because of this, it is inconceivable that this property will be rezoned to R-1. This project Is nearly half the density that would be allowed on this property. John Mullaney, 1585 Wexford Circle, noted that the Council acknowledged that this property should be zoned R-1. Although it is unlikely that this will be rezoned to R-1, planned development is about as far away from R-1 as you can get. He asked what type of tax base this project will generate. He noted that this will be the biggest development the HRA will have. He asked that Council members be sensitive to the location. Mark Ulfers, Executive Director of the HRA, explained that this will be a for-profit private partnership, owned privately, with the HRA being the sponsor. Since the limited partner is a private entity, the property is subject to the same taxation as any other property. Councilmember Hunter noted that he received many calls on this, and he returned as many of them as possible. Other Councilmembers concurred with this. Jim Mayasich, 4235 Wexford Way, reviewed crime statistics for Wescott Commons, the Duckwood area, Cinnamon Ridge, and Meadowlands, noting that there were 2-4 times the police calls of other areas in the city. He noted that buffers and landscaping are not a deterrent to crime. He expressed a concern that juvenile records would not be available to the HRA, and that crimes committed In other areas would not be included in these statistics. Community Development Director Reichert reviewed the memo from the Police Chief regarding police calls to the other HRA developments. She noted that he spoke to the Police Chiefs from Apple Valley and Burnsville, and neither felt these areas presented a problem. Discussion followed concerning these statistics. Mayor Egan noted that some of the finest housing is going in right next to Wescott Commons. Mr. Mayasich noted that they did not have the choice of purchasing their property next to this type of development. Bill Dubisar, 1560B Clemson Drive, noted he has had experience with this type of housing. Buildings have deteriorated and he has heard of some bad experiences from people who live in these areas. He is concerned about vandalism, and about the extension of Clemson Drive. Councilmember Masin noted that this proposal is much less dense than what it is zoned for. Councilmember Awada asked whether he would prefer apartments to this proposal. Mr. Dubisar stated he Is looking at the caliber of the neighborhood. No matter what is proposed, he would oppose the extension of Clemson Drive. He doesn't favor low Income housing in this area. EAGAN CITY COUNCIL MINUTES; DECEMBER 7, 1994 PAGE 9 Steven Seme, stated he was told by a representative of Willmus Industries that they wanted this property zoned R-1. Community Development Director Reichert indicated she has not been contacted by them. Tom Carlin, 1597 Wexford Circle, stated he doesn't feel the Council Is being objective about this. It seems like opinions have already been formed. Counclimember Hunter noted that he is trying to lay out some pertinent facts relative to this decision. Councilmember Masin added that Councilmembers have had the opportunity to get a very good understanding of the issues regarding this particular development. LaVonne Hamper, 4302 Clemson Circle, asked how this will Impact market values In this area. Mayor Egan responded that it would be speculative to say what the Impact would be. He reiterated the situation of high value homes being built next to Wescott Commons. He noted It is something they will have to take that into consideration. John Soderberg, 4282 Boulder Ridge Point, spoke in favor, stating he feels this type of project will reduce violence In the country. He feels people need to reach out to others and build community. Joel Nelson, 1554 Wexford Court, asked whether there Is a subsidized housing quota Eagan must meet In order to get state or county funding. Mayor Egan responded that there Isn't. He referred to the Orfield legislation wherein that would have occurred had it not been for the governor's veto. Had that passed, these units would be placed where the state legislature deemed appropriate for affordable housing. Councilmember Awada emphasized that the Orfield statistics show that Eagan Is providing adequate affordable housing. She asked why there are an equal number of two and three bedroom units when it was determined that three bedroom units are needed. Mark Uifers responded that he found that In their experience with affordable housing, a mixture of two and three bedroom units works the best. Amy Nelson, 1554 Wexford Court, stated she feels the Council needs to take the feelings of the people into consideration when making this decision. She requested information from the HRA relative to what types of people they have turned down In their other developments and why they were turned down; what their actual questionnaires are; and crime statistics In their current developments and what types of crimes have been committed. Jessica Cook of the HRA responded that crime is an important issue, and she feels that good property management is the most effective and efficient means of preventing crime. She reviewed the screening process, how unauthorized occupancies are handled, and crime statistics. She noted there have been no reports of violent crime in their other two developments. They have an on-site 24 hour caretaker, an on-site management office. They make every effort to prevent crime, and respond quickly to any issue that arises. Barb Blumer, spoke in favor of this development, stating that this Is a high quality, low density project and is needed in Eagan. There is a need for additional low Income housing In Eagan. This Is much lower density than what Is allowed on this property. The financing mechanism provides a great deal of opportunity to provide affordable housing that generates property taxes. The developer Is an outstanding example of the kind of manager of low Income housing that Is needed. Harry Mueller, 4162 Countryside Drive, spoke in favor of this development, indicating a concern about concentrating low income housing Into certain areas of the city. He is concerned about the distance to shopping. Y4.J't EAGAN CITY COUNCIL MINUTES; DECEMBER 7, 1994 PAGE 10 Joe Martin, 4311 Clemson Drive, expressed his opposition to low income housing In this area. Mayor Egan then closed the discussion to the public. Councilmember Masin expressed a concern about deterioration of the units. City Attorney Sheldon noted that one of the reasons the City requested a planned development agreement was so the HRA would manage it. Community Development Director Reichert added that It could be put in the contract that the project be maintained at a certain level. Councilmember Hunter asked whether the City can deny a rezoning request that Is consistent with the Comp Guide Plan because of the Income of the proposed occupants. City Attorney Sheldon stated there is no criteria in the ordinance that relates to income, and the City of Eagan is committed to being an equal opportunity housing city. Councilmember Hunter asked whether the City can deny a rezoning request that is consistent with the Comp Guide Plan because they like the current zoning. City Attorney Sheldon responded that if the City feels the current zoning is more appropriate and there has not been a legitimate basis proffered that would make the proposal better than the existing zoning, that is a basis to retain the current zoning. It Is the applicant's burden of proof to convince the Council that the new zoning Is better than the existing zoning. Councilmember Hunter pointed out that if this is denied, and another applicant comes in with an R-3 proposal, the Council would have to turn it down because if it didn't, It would be construed as discriminating based on income. Community Development Director Reichert noted that the property is guided D-II; therefore the current zoning Is not consistent with the established Comprehensive Plan. The current proposal Is consistent with the Comprehensive Guide Plan. The zoning takes precedence. Councilmember Awada stated she is not convinced that this rezoning Is better than the current zoning. Mayor Egan noted that these proposed units would have a value of approximately $70,000. The current zoning would allow a large number of apartments that would not be near this value. He feels this rezoning would be better than the current zoning because it is consistent with the Comprehensive Guide Plan. Councilmember Awada responded that there are other possibilities for this property. It may not develop at R-4 densities. She feels owner-occupied housing Is preferred to rental housing. Councilmember Hunter concurred with that, asking whether that preference can be a basis to deny a rezoning. City Attorney Sheldon Indicated that cannot be a basis for a zoning classification. Councilmember Wachter noted the Council cannot prejudge what will go In here because there isn't another proposal before them. He feels this Is an Improper location for this proposal. Mayor Egan noted that the Council looked at ten locations, and decided that this was the appropriate site. Discussion followed concerning how this site was arrived at and how many sites were considered. Councilmember Awada emphasized that the Council didn't encourage any of these sites. Several sites the Council stated they definitely did not want. Mayor Egan stated he reluctantly supports this project. He is doing what he feels Is socially and legally the right thing to do. The density Is a lot less than what Is allowed, and this property will not be rezoned to anything besides multiple residential. These units are intended to be rented to families with 60% of the median income. He doesn't feel that people with these income levels should have to live in the core city because there is no affordable housing in other areas. Many people working for major employers In Eagan fit this income level. It Is inappropriate to locate these units near these places of employment because they are located in industrial parks. He doesn't feel people should have to live In or near an industrial park merely because there are other elements of our community that don't want them near them. This is not welfare housing; they need to meet Income criteria. He feels it is our social responsibility to provide affordable housing. Councilmember Masin stated she feels this Is preferable to going with R-4 zoning. EAGAN CITY COUNCIL MINUTES; DECEMBER 7, 1994 PAGE 11 Masin moved, Egan seconded a motion to approve a rezoning from R-4 to Planned Development for the Eagan Family Housing Limited Partnership for 42 townhouse units on the 8.1 acre parcel located east of Johnny Cake Ridge Road, north of Oak Ridge Elementary School, subject to the conditions recommended by the Advisory Planning Commission. Councilmember Hunter noted that this cannot be denied based on Income of the potential tenants. If the Council denies this, it is not consistent with what the Council has done In the past, which is to support downzoning. There is a lot of neighborhood opposition; however, he feels they would be more opposed to R-4 zoning. Aye: 3 Nay: 2 (Awada and Wachter voted against the motion. This motion failed due to the fact that four affirmative votes were needed In order for this to pass.) Hunter moved, Masin seconded a motion to direct staff to prepare findings to support this denial. Aye: 5 Nay: 0 COMP GUIDE PLAN AMENDMENT/PRELIMINARY PLANNED DEVELOPMENT/ CONDITIONAL USE PERMIT/EASTER LUTHERAN CHURCH Mayor Egan introduced this item as a Comp Guide Plan Amendment, Easter Lutheran Church, from D-1 Single Family Residential to PF Public Facility and preliminary planned development/conditional use permit, on the northwest comer of Pilot Knob Road and Cliff Road. After a brief Introduction by Administrator Hedges, Community Development Director Reichert gave a staff report on this request. Rich Brasch, Water Quality Coordinator, reviewed the water quality Issues impacting Thomas Lake based on this proposal and the current policies related to water quality. Considerable discussion followed concerning the alternatives to the on-site mitigation requirements and the quality of Thomas Lake. Pastor Jim Borgschatz, Easter Lutheran Church, urged Council approval. Fred Hoisington, President of Hoisington Koegler Group, representing the church, discussed the storm water management issue. He feels they have a sound storm water management plan that warrants an increase in hard surface coverage. He then reviewed the plan. The county wants to take an additional 15 feet of right-of-way, which reduces their lot size. They intend to meet the nondegradation requirements, and indicated they agree with the revised conditions as proposed by staff. He discussed impact on phosphorus concentration, Indicating that with off-site mitigation, they could get down to nondegradation and with a cash dedication and other in-lake work, it may even benefit the lake. He feels on-site mitigation is more efficient than off-site mitigation. He has determined that they will contribute 1.4% of the total phosphorus of this lake at full development, which won't happen for 10-12 years. They Intend to meet the nondegradation standard on-site until the third phase is developed. They Intend to maintain this lake at its highest possible quality. Erik Erikstrup, owner of the property, gave the history of the property, noting that several measures were taken to eliminate the erosion on the property. He urged Council approval. Dennis Bechiy, 1465 Thomas Lane; and John Cookos, 1486 Lake Park Circle expressed their opposition to this plan due to the water quality Issues and loss of trees. Glen Christiansen, 1393 Lakeside Drive; Rev. George Martin, 914 Park Knoll Drive; and Brian Malloy, 1237 Meransor Court spoke in favor of this proposal based on their contributions to the community, and their willingness to mitigate off-site and pay a cash dedication. Mayor Egan turned the discussion back to the Council. EAGAN CITY COUNCIL MINUTES; DECEMBER 7, 1994 PAGE 12 Councilmember Wachter stated that the City needs to emphasize that water quality is a problem In the community and that phosphorus shouldn't be used on lawns. Councilmember Hunter suggested this be discussed by the Advisory Parks, Recreation & Natural Resources Commission. Councilmember Awada raised the Issue of surface area coverage. Councilmember Hunter stated that the Intensity of the use Is the main Issue. Other developers have had to adhere to these requirements, and he doesn't think it Is fair to excuse them in this case. It Is surrounded by low Intensity uses, so he doesn't feel it Is consistent with the surrounding area. He feels there are other sites available for a church of this size to locate. He feels it Is simply too much on a small lot. Councilmember Masin concurred. She Is Impressed with the proposal, but feels it is too dense. Mayor Egan stated it is extremely difficult to site a church in Eagan. He commended the church for submitting an honest proposal for their anticipated growth. He feels it Is a good location for the church. The nature of this lot Is such that It will be developed high density. It is an Intense use, but will be predominantly used only a couple of days per week. He supports this proposal. Councilmember Awada asked how the Planning Department feels about this proposal and the revised conditions. Community Development Director Reichert stated she feels the use Is generally appropriate for the site; however it would be preferable If they could find a way to reduce the amount of parking. It appears that the water quality will only be impacted marginally if they comply with the conditions. There Is still a risk, but the conditions will alleviate a lot of that. Considerable discussion followed concerning the parking needs for this church and the lot coverage requirement. After considerable discussion, Councilmember Hunter requested a five minute break. At 12:25 a.m., the Council recessed for five minutes. At 12:30 a.m., the Council reconvened. Wachter moved, Awada seconded a motion to approve a comprehensive guide plan amendment for Easter Lutheran Church changing the land use designation of approximately 12.9 acres from D-1 Single Family to PF Public Facility located at the northwest intersection of Pilot Knob and Cliff Roads in the Southeast Quarter of Section 28. Aye: 3 Nay: 2 (Hunter and Masin voted against the motion. The motion was defeated due to the fact it required four affirmative votes.) Hunter moved, Masin seconded a motion to direct staff to prepare findings relative to this denial. Aye: 5 Nay: 0 Some discussion followed concerning what modifications might generate more support from the Council. Mayor Egan stated he would like to see this project come back, and encouraged church officials to work with staff on bringing back an alternate proposal. 1995 COMPREHENSIVE FEE SCHEDULE Mayor Egan introduced this Item as the 1995 comprehensive fee schedule. After a brief introduction, and a question regarding water quality dedication fees, Awada moved, Wachter seconded a motion to approve the fee schedule. Aye: 5 Nay: 0 Community Development Director Reichert Invited Council members to attend a special workshop with the Economic Development Commission on Thursday at 4:00 p.m. Administrator Hedges Indicated action Is needed for a special workshop on December 14 prior to the Truth In Taxation hearing. Hunter moved, Awada seconded a motion to schedule a special workshop on December 14 at 5:00 p.m. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MINUTES; DECEMBER 7, 1994 PAGE 13 Councilmember Wachter stated he would like to see how many deer were taken as a result of the special hunting permits issued by the City. Councilmember Awada urged the Public Works Committee to meet on the Lone Oak Road project prior to the next Council meeting so a decision can be made at that time. Councilmember Masin suggested the City send a letter to the City of Minneapolis, the League of Minnesota Cities, and possibly even the National League of Cities commending them on the fine job they did on the annual conference that was held here recently. She felt it was very well done. She noted the conference emphasized public-private partnerships and suggested the city look into doing more of them. ECK REGISTER After several questions, Wachter moved, Egan seconded a motion to approve the check register dated December 2, 1994 in the amount of $3,631,618.20. Aye: 5 Nay: 0 fi 1;Q RNME Wachter moved, Egan seconded a motion to adjourn the meeting at 12:47 a.m. on December 8, 1994. Aye: 5 Nay: 0 DLP December 7, 1994 AA, M;V ~AQ444 - 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.