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05/20/1996 - City Council Regular MINUTES OF A REGULAR MEETING OF THE ''` •"�°'� • EAGAN CITY COUNCIL Eagan, Minnesota May 20, 1996 A regular meeting of the Eagan City Council was held on Monday, May 20 1996 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter,Awada,Masin and Hunter. Also present were City Administrator Tom Hedges, Public Works Director Colbert, Police Chief Geagan, Fire Chief Jensen, City Attorney Jim Sheldon, Street Superintendent Erhart and Assistant to the City Administrator Hohenstein. was City Administrator Hedges noted that a presentation regarding the May 19 wind storm would be provided under Department Head Business together with two resolutions regarding the state of emergency and building damage disaster credit. He stated that there would also be action items at the end of the agenda regarding authorization to prepare a Mighty Ducks grant and negotiations for an addition to Holz Farm Park. He further indicated that Item 0 of the Consent Agenda would be continued at the request of the applicant. Councilmember Wachter requested a brief executive session to discuss collective bargaining issues and Councilmember Awada noted a desire to discuss a townhome zoning study. Hunter moved, Masin seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 'G'- E" :GS ;yit!�%d, ��F/v4: G'fci`4 '4: Chief Geagan indicated a desire on behalf of the Police Department to recognize the special group of young people who made up the Eagan Explorers Post. He introduced the Explorers' supervisors, Larry Billmeyer, Jenny Wills and Rick Redenius. Officer Billmeyer stated that the Eagan Explorer Post was formed in 1985 to develop young people's interests and skills in law enforcement. He stated that the Post logs an average of 2,500 to 3,000 hours per year assisting the Police Department with non-emergency activities. He indicated that at the annual meeting of the State Police Explorer Posts in late April, teams from throughout Minnesota competed in a variety of categories including bomb scene investigation, traffic management and domestic situations. He stated that the team from Eagan won first place in the Shoot- Don't Shoot competition and that the department is very proud of their accomplishment. Mayor Egan presented the first place plaque and congratulated the winning team. A round of applause followed. BRIEFING ON RECOVERY FROM WIND STORM OF MAY 19 City Administrator Hedges overviewed the activities which had occurred since the storm that struck Eagan in the early morning hours of May 19. Chief Geagan stated that the warning sirens were activated at 1:20 a.m. in accordance with County policy because winds were exceeding 58 miles per hour. He stated that supervisors had been tracking the storm for several hours prior to issuing a warning. He noted that the Police Department is investigating the possibility that one of the sirens had not worked. He stated that approximately 500 structures within the City were damaged in some way but that none were destroyed. Geagan referred to a map indicating the areas of damage from Nicols Road and Diffley Road southeast to Cliff Road and Highway 3. He stated that despite speculation that there may have been a tornado, it appears to have been straight line winds. He expressed gratitude to the Communications Division who handled an average of four calls per minute from the time the storm struck until 8:00 a.m. the following morning. He also thanked members of the Police Department,Fire Department and Public Works Maintenance Division who responded to the emergency, assisted residents affected by the storm and were able to open the streets to traffic by Sunday morning. He stated it was gratifying to see neighbors pulling together and helping one another throughout the community. • Hedges reported that the City would be hand delivering disaster recovery information to the affected areas and distributed a copy to the Council. In particular, he noted that the City crews would be picking up EAGAN CITY COUNCIL MINUTES/May 20, 1996 • Page 2 tree debris over the next several weeks and that while building permits are required for repair work,the City would be waiving the fee for repairs of storm damage. He noted that two actions were necessary to permit the City to apply for a state disaster property tax credit on behalf of City residents. He presented the resolutions to the City Council. 96.31 Wachter moved, Masin seconded a motion to approve a resolution ratifying the declaration of a state of emergency following the storm of May 19, 1996. Aye: 5 Nay: 0 Masin moved, Awada seconded a motion to approve a resolution requesting damaged homestead property to be reassessed in keeping with the disaster property tax credit program. Aye: 5 Nay: 0 96.31.1 Hedges also noted that Congressman Luther's office had been in touch with the City and expressed an interest in helping in any way they can. He indicated that staff will maintain a record of all costs associated with the storm and its clean-up and explore potential means of reimbursement. Public Works DirectorColbert stated that the City has received excellent cooperation through its mutual aid agreements with cities in the Greater Twin Cities area. In particular, he said that five communities have provided wood chippers which have assisted the City in removing over 80 yards of tree waste to the SMC Compost site and 80 yards to the Maintenance Facility. Councilmembers commented on the reuse of chipped wood for trails and mulch in City parks, the lack of serious injuries and the willingness of people to help one another with clean-up and repairs. Mayor Egan commended the community for all it has done to mitigate the disaster and recognized the long hours worked by City staff. City Administrator Hedges indicated that the Inspections Division had also responded quickly to the disaster and had visited 153 homes on Sunday. Wachter noted that some of the debris from Diffley Commons had affected nearby property owners and Hedges • indicated that the City would contact the developer of Diffley Commons to coordinate a clean-up of that material. HAMLINE UNIVERSITY INTERNSHIP RECOGNITION Mayor Egan noted that the City had received the Outstanding Internship Employer Award from Hamline for its use of Hamline graduates in the City's internship program. He shared the award with the City Council and community and recognized in particular the role of City Administrator Hedges for an internship program which spanned more than 20 years. FIRE DEPARTMENT SPACE NEEDS Wachter indicated that he appreciated the information on the building area of the Fire Administration building and asked for the square footage of the site. He stressed that the Fire Department should include the needs of the ambulance service in their space needs work. Fire Chief Jensen indicated that this information would be part of the report. Hunter recognized the Fire Department for its comprehensive space needs report as presented at the most recent workshop and indicated that it would help in decision-making for the department's capital needs. AO, 4. ,c s.A.4%0 Councilmember Wachter asked that Items 1 and 2, Item A, Personnel Items concerning Police and Police Sergeants collective bargaining be pulled for discussion at the executive session. Masin gave special recognition to Item L, National Public Works Week Proclamation. A. Personnel Items Item 3. It was recommended to ratify the appointment of Maria Karels as Administrative Secretary. • EAGAN CITY COUNCIL MINUTES/May 20, 1996 . • Page 3 Item 4. It was recommended to approve the hiring of Lourdes Rivermonte as the Youth Development Coordinator. Item 5. It was recommended to approve the hiring of Pao Lee and James Logan, Jr. as CSO scholarship employees. Item 6. It was recommended to approve the hiring of Shane Allen, Lynne Hanson and Kelly O'Connor as seasonal park maintenance workers. Item 7. It was recommended to approve the hiring of Brian Blair as a seasonal engineering aide. Item 8. It was recommended to approve the hiring of Carolyn Beecher as a seasonal concession worker. Item 9. It was recommended to approve the hiring of David Johnson as a water resources intern. Item 10. It was recommended to approve the hiring of Judy Forde as a seasonal preschool program instructor. Item 11. It was recommended to approve the hiring of Martha Buyck,Meghan Doherty,Jake Groff, Lisa Heine, Lynne Hockford, Allison Johnson, Katie Jorgenson, Heather Kjos, Julie Kugler, Kimberly Larson, Lisa Laue, Brandie Molde, Lonnie Perry, Joanne Soleski, Marcy Swanson and Stephanie Zeitz as seasonal recreation leaders. Item 12. It was recommended to approve the hiring of Andrew Beecher, Deborah Gretsfeld, Rachel Forde, Katie Jensen, Bonnie Keeler, Heather Kattleman,Courtney Kjos, Brian Larson, Jessica Lentsch, Christie Mason, Quentin Mitchell, Joe Ocel, Sarah Schmidt,John Spangler, Kelly-Jo Tepfer, Jillian Wagner and Joseph Wills as seasonal recreation assistants. Item 13. It was recommended to acknowledge that Bradley Elder will serve as a graduate intern in the Parks & Recreation Department. B. Final Subdivision&Final Planned Development-Oak Pointe of Eagan. It was recommended to approve a final subdivision and final planned development for Oak Pointe of Eagan First Addition located at Slater Road 96.31.2 and Plaza Drive. C. Final Subdivision & Final Planned Development - Rahn Ridge 2nd Addition. It was recommended to 96.31.3 approve a final subdivision and final planned development for Rahn Ridge 2nd Addition at Rahncliff Road and Pin Oak Drive. D. Final Subdivision-Kindercare Learning Centers. Inc.. It was recommended to approve a final subdivision 96.31.4 for Galaxie Cliff Addition No. 1 for a Kindercare Learning Center located at Cliff Road and Galaxie Avenue. E. Final Planned Development - Lot 3. Block 2. Eagandale Office Park 2nd Addition - (Micogen Seed Corporation). It was recommended to approve a final planned development for Eagandale Office Park 2nd Addition located at 1340 Corporate Center Curve. 96.32 F. Resolution - Comprehensive Guide Plan Amendment, I-494/TH 55/TH 149. It was recommended to approve comprehensive guide plan amendments to establish a new land use category entitled "BP- Business Park" and to redesignate property bounded by 494, TH 55 and TH 149 from CPD - Commercial Planned Development to BP - Business Park. G. Contact 96-P, Old Country Buffet Storm Sewer. It was recommended to approve the construction agreement for Contract 96-P(Old Country Buffet- Storm Sewer) and authorize the Mayor and City Clerk to execute all related documents. • EAGAN CITY COUNCIL MINUTES/May 20, 1996 0"t- • Page 4 H. Contract 96-12, Northwood Drive. It was recommended to approve the plans and specifications for Contract 96-12 (Northwood Drive- Streets & Utilities) and authorize an advertisement for bid opening to be held at 10:30 a.m. Friday, June 14, 1996. I. Vacate Utility Easement- Lot 6, Block 5, Country Hollow 1st Addition. It was recommended to receive a petition for vacation of a drainage and utility easement over a portion of Lot 6, Block 5, Country Hollow 1st Addition and schedule a public hearing to be held on June 18, 1996. J. MnDOT Traffic Signal Agreement,TH 149/55. It was recommended to approve Supplemental Agreement No. 1 to MnDOT Traffic Signal Agreement No. 60808 (TH 149/55) and authorize the Mayor and City Clerk to execute all related documents. K. No Parking Resolution - Denmark Avenue & Northwood Drive. It was recommended to approve a resolution restricting on-street parking (Denmark Avenue & Northwood Drive) and authorize the Mayor and 96.33 City Clerk to authorize all appropriate documents. L. Proclamation- National Public Works Week. It was recommended to proclaim May 19 through May 25, 1996 as National Public Works Week and authorize the Mayor to execute said proclamation. 96.34 M. Change Orders, Municipal Center Expansion. It was recommended to approve change orders in the amount of $2,084.08 for Wasche Interiors and Spraungel Construction. N. Findings of Denial - Royal Oaks Circle 4th Addition. It was recommended to approve the Findings of Fact, Conclusions and Resolution concerning the denial of a rezoning application for Royal Oaks Circle 4th Addition. 96.35 O. Application, Massage Therapy License for Michael John Persing to Practice at Wastl Chiropractic, 1340 Duckwood Drive. It was recommended to continue consideration of a massage therapy license application for Michael Persing to the June 4, 1996 City Council meeting. P. Approve Agreement, Dakota County Sentence to Service Program. It was recommended to approve the agreement with Dakota County in the amount of$6,000 to provide sentence to service(STS)crews to the City. Q. Waiver and Consent,to Quiet Title Action, Deerwood Townhomes. It was recommended to authorize a waiver of the City's right to file an answer in the Quiet Title action and Consent to the Entry of Judgement that the City has no interest in the property in question which is part of the Deerwood Townhomes plat. Hunter moved, Awada seconded a motion to approved the Consent Agenda. Aye: 5 Nay: 0 -4$: ere/:i 1'4 i:tea: PROJECT 702, WOODGATE 2ND & 3RD ADDITION PROJECT 703, MALLARD PARK 2ND ADDITION Mayor Egan noted that because Project 702 and 703 were adjacent to each other and because the City would propose to bid them as a single contract, the City Council would combine the public hearings for the purpose of accepting testimony and that separate actions would be taken on the two projects following the public hearing. Public Works Director Colbert overviewed the Pavement Management Program which forms the basis for the street reconstruction and rehabilitation portion of the City's Capital Improvement Program. He stated that Woodgate 2nd and 3rd Addition and Mallard Park 2nd Addition were identified as a part of the CIP over the past three to five years as a consequence of the condition of the streets. He stated that feasibility reports have been prepared and two neighborhood meetings were held. He stated that numerous comments and petitions had been received which focused on the need for and nature of the project and the assessment of cost. Colbert introduced Steve Gatlin and Craig Stonehouse of MSA Consulting Engineers. EAGAN CITY COUNCIL MINUTES/May 20, 1996 • Page 5 Gatlin reviewed the location and nature of the proposed improvements. He stated that roads built in the 1970's had a typical life expectancy of 20 years and that construction at the time paid little consideration to subgrade and moisture conditions. He presented a graph correlating the age of pavement to its condition and the typical maintenance required over its life cycle. He stated that the condition of the pavement in the Woodgate and Mallard Park Additions suggested major reconstruction and, in some cases, a one foot subcut to correct soil conditions. He then overviewed the proposed cost for each subdivision, their lot equivalents and a draft schedule of completion. Awada asked how a subcut would affect life expectancy of the street and how much it would add to the cost. Gatlin estimated that it would add 30%-40%to the life expectancy and that it costs roughly 20%more than construction excluding the subcut. Wachter clarified that the subcut would only be done in areas where the soils made it necessary. Masin asked if it was likely that assessments would go down when the project was completed. Colbert responded that the feasibility report identifies a total project cost estimate and an assessment value based on City policy. He said that the actual cost of improvements would be determined through the bidding process and that the City conducts benefit appraisals of a representative sample of affected properties to determine the actual benefit that could be assessed. Hunter stated that there are three costs identified in the process- the feasibility report, actual cost and the appraiser's value of benefit. He indicated that the City Council typically tends toward the least expensive of the alternatives. Mayor Egan indicated that Statute limits the amount assessed to the actual benefit of the improvement to individual properties. Mayor Egan then opened the public hearing. Bob Christensen of 1746 Hickory Hill Drive spoke on behalf of a number of his neighbors stating that he had been a homeowner in Woodgate 2nd for 19 years. He indicated that he had checked the maintenance history of his neighborhood streets and that they had only been • sealcoated once in 1987. He said that in reviewing the maintenance schedules of five other communities,their level of preventative maintenance is higher than that in Eagan. He further noted that the residents feel that there is a higher level of outside traffic on their streets since the opening of Cliff Lake Center and that other communities they had reviewed only assessed 25%of the reconstruction costs of their streets. He stated that because of the lack of preventative maintenance and the City's attention to new development,the City should bear the brunt of the cost and that it would be more appropriate to assess 25% of the project and have the City's share be 75%. Colbert stated that the City of Eagan's streets maintenance program is comparable to most others in the region. Under the program, he stated that construction failures are warrantied within the first two years after construction. Streets are analyzed on a regular basis and cracksealing and first sealcoat is applied in the first four to five years. Within ten years after that, streets are evaluated for subsequent sealcoating and they are analyzed on an ongoing basis to sealcoat, apply a structural overlay or reconstruct where it is warranted. He stated that the program has evolved over the years and that it was not in existence in 1975 when the Woodgate and Mallard streets were being installed. He stated that the maintenance history indicates that the street was sealcoated in 1981 and 1987 and that the most recent evaluations under the maintenance program suggest the need for complete reconstruction at this time. Awada asked whether a structural overlay would be appropriate. Colbert indicated that the street base is broken and that any maintenance that does not address the base will not significantly extend the life of the street. Hunter stated that the question is whether the street was maintained according to our policies at the time and not whether it was maintained under the schedule we have in place now. He asked staff to research and return information on the maintenance histories of each of the subdivisions and also that of Woodgate 1st Addition as a basis of comparison. He said the street clearly needs reconstruction now and that is the issue before the Council. The Council will consider how to pay for the street reconstruction during the final assessment hearing. Colbert indicated that Woodgate 1st Addition was completed in 1975 and that it was sealcoated in 1980, S 1988 and 1995 because the Pavement Management Index indicated that it had not deteriorated to the point where any higher level of maintenance was necessary. t-1 n EAGAN CITY COUNCIL MINUTES/May 20, 1996 • Page 6 Egan stated that the residents had raised some excellent points, but that the City had approved the current Pavement Management Program in 1994 and that it had processed other maintenance and reconstruction projects over the years based on earlier standards. He said the fairness question is whether we are applying similar standards to subdivisions throughout the City over time. Joan Bauer of 1646 Mallard Drive referenced a petition previously submitted in which they pointed to the levels of residential and public traffic on their street,quality of construction and level of maintenance as reasons for the City to bear the cost of the Mallard Park street reconstruction. Harry Jandewerth of 1705 Walnut Lane stated that he believes Woodgate 1st received preferential treatment and that Woodgate 2nd Addition did not get the same level of maintenance. He said that every resident should be assessed equally whether they live in single-family homes or townhomes. He stated that the taxes they have paid over the past 20 years should cover the improvements. Sandy Wilkes, 1640 Mallard Drive, asked how the improvements are expected to increase the value of the homes to justify benefit. She stated that the cost will not increase the value. Egan responded that the City will do appraisals of a representative sample of the homes following completion of the street project to determine the special benefit which can be assessed to the properties. He stated that Mallard Park is somewhat unusual because the road was built almost ten years before the construction of homes on the street. Colbert stated that the Pavement Management System does not consider the age of homes in the area, just the condition of the street. Harry Jandewerth said that poor streets reduce a home's value but good streets do not increase it. Awada noted that the reconstruction of streets brings homes back up to the value of a good street. She stated that there is a benefit to a property due to the improvements and this has been borne out in previous legal challenges. She stated that the City of Eagan assesses on its formula because it relates to benefit and it also helps to keep the overall tax rate low. She stated that other cities have higher property tax rates to offset lower assessment rates in their policies. She stated that the City is made up of its citizens and that • improvements need to be financed from taxes or assessments both of which affect those citizens. Egan stated that the City attempts to apply the policy fairly and that the City would need to be careful about changing the policy in midstream. Jim Peterson of 1720 Hickory Hill Lane stated that the records they received indicated that the Woodgate 2nd Addition had only been sealcoated once. He also agreed with points made by earlier speakers. Masin asked about the differences in the maintenance records. Colbert responded that the Pavement Management Program had been developed with the most recent maintenance records and that staff research was adding to the data base over time. He indicated the research of specific projects indicated the earlier improvements. Harold Peterson of 1729 Walnut Circle asked how streets are analyzed. Colbert described the development of the system which included an original inventory of all streets based on visual observations of cracks, deterioration and other criteria. Following the original evaluation, the data base is maintained by evaluating one-third of the streets each year on a three year cycle. He said that if streets are scheduled for maintenance in the upcoming year, they are also evaluated to determine whether to move forward with the project. He stated that the history of evaluation for the streets in Woodgate 2nd and Mallard Park 2nd indicated rapid rates of deterioration. He stated the original construction of these streets occurred in a wet area in a wet year and that may have accelerated the deterioration. Masin stated that if the City were to change the assessment policy now, it would be unfair. Hunter stated that fundamental fairness indicates that people who benefit from an improvement or program should pay for it and that the City applies that philosophy in areas besides street assessments. Bernie Boyle of 1706 Hickory Hill stated that the philosophy of street assessments basically makes sense. He said that the use of the street by the public as a connector between Blackhawk Road and Johnny Cake Ridge Road and suggested that the City should pay more of the reconstruction cost than would be the case with an ordinary neighborhood street. Egan asked if the City had analyzed changes in traffic flows. Colbert stated that the City does not keep information on neighborhood streets for budget reasons. He noted that the long-term plan for the community has been to connect neighborhood streets to permit traffic connection alternatives. He said that while some traffic changes may have resulted from these connections, it probably does not increase Ut.. .' : EAGAN CITY COUNCIL MINUTES/May 20, 1996 • Page 7 the functional classification of the neighborhood street. Wachter noted the streets also need to connect for public safety purposes. Awada noted that the Council and neighbors have raised a number of questions, but that the hearing is about whether the project is feasible and whether it should proceed. She stated that one of the issues is whether the subcut for soil corrections is necessary and whether it justifies the additional cost. Wachter noted that if the issue of soil correction came up after the bid had been awarded, the project would need to be changed and cost may increase. Colbert stated that the improvement could be modified, but that is would affect the life of the street. As a consequence, the assessable benefit would likely be the same with or without the subcut,but the maintenance cost would be higher in the future. Awada suggested the contract be bid with the subcut as an alternate. Dan Martin of 1667 Mallard Drive stated that the City plans had called for more connections between Johnny Cake Ridge Road and Thomas Lake Road. Since Mallard Drive is the only connection which has been constructed to date, he indicated that there is much more public traffic on that street which has contributed to its condition. Masin again noted that the public hearing was to determine the need for the street reconstruction and asked whether anyone present felt that the street shouldn't be improved. A few people indicated that they did not want the improvement. Cory Bultena of 1763 Walnut Lane said that he believed that poor maintenance is responsible for the condition of the street and that the impact of the deterioration on his property value amounts to a public taking. He indicated that he will review the City's appraisals and asked whether the City would pay for residents' appraisals. Wachter responded that the City has not paid for residents'appraisals in the past. Bultena stated that the current pattern of traffic means that the neighborhood is subsidizing public use of their street. He said that he feels property taxes should be higher and assessments should be lower. Egan responded that residents at the public hearing had criticized the assessment policy. He said the City has a reasonably good assessment policy and it is important to apply it fairly. Bultena stated Sthat he does not believe the project will benefit his property by $2,650. Hunter stated that the question of benefit should be addressed at the final assessment hearing. Arlene Cowles, a realtor representing a client in the Woodgate 2nd Addition, stated that it is important to address the value of the improvement now because it has an affect on those selling their homes between the time the project is ordered and the final assessment is approved. She stated that the moisture condition of the subgrade should be considered as a hardship to the area and should be incorporated in the financial assumptions of the City. Hunter stated that he had experienced this circumstance at the time of the sale of his home in Cedar Grove and that any pending assessments are escrowed by the seller and that the difference would be repaid following the final assessment hearing. Mayor Egan asked if there were further comments on the feasibility and need for the project. Lisa Jost, 1799 Walnut Lane, stated that there is no question that the road needs to be redone. She supports itemizing a subgrade correction and suggested that the City consider adjusting the assessment to homeowners based upon the relative condition of streets being reconstructed. Wachter stated that he was on the Council when this project was approved. He said there was significant pressure from the original developer, builders and prospective homeowners to develop the property despite its wet conditions. He stated that while this may have contributed to the current condition,the City's maintenance staff is among the best in the region and that they have tried to maintain the street since it was built. Mike Todd of 1745 Hickory Hill said he understands that the Council is discussing feasibility and not finance, but said he did not believe it was good business practice to move forward with the project without knowing how it would be paid for. Hunter stated that the City Council will base its decision on the original assessment estimate, actual construction cost and an appraisal of assessable benefit, two of which could only be known after the project is completed. It makes good business sense to base decisions on the best available estimates. Sandy Wilkes asked if there were alternatives to reduce the cost and whether it was necessary to 0 do Mallard Park since its condition is not as deteriorated as Woodgate. Colbert stated that economies of scale make it more cost effective to do the two projects together. While Mallard is not as deteriorated as Woodgate, EAGAN CITY COUNCIL MINUTES/May 20, 1996 Page 8 the ultimate cost of reconstruction would be higher if the two projects were separated and Mallard was put off. He stated that efforts are made to reduce costs through such methods as reclaiming aggregate from existing pavement and only doing subcuts where soil corrections are necessary. Awada moved, Hunter seconded a motion to close the public hearing and approve Project 702(Woodgate 2nd & 3rd Addition - Street Rehabilitation) with the subcut to be bid as an alternate and authorize detailed plans, specifications and appraisals. Further, it was directed that the 1981 sealcoating be researched to determine if it was actually applied. Aye: 5 Nay: 0 Hunter moved, Awada seconded a motion to close the public hearing and approve Project 703(Mallard Park 2nd Addition - Street Rehabilitation)and authorize the preparation of detailed plans, specifications and appraisals. Aye: 5 Nay: 0 PRELIMINARY PLANNED DEVELOPMENT& PRELIMINARY SUBDIVISION DUCKWOOD BLUFF (CSM CORPORATION) Hedges introduced the item and noted that the Advisory Planning Commission is recommending denial for reasons outlined in their minutes. Senior Planner Mike Ridley presented the project and indicated that it consisted of a four-story 102-unit Fairfield Suites Hotel and a Class I sit-down restaurant. He stated that two residents who had attended the APC public hearing had opposed the project because they felt it would overpower the natural setting on a high area above Fish Lake. He stated that the Advisory Planning Commission is recommending denial because of the scale of the four-story hotel and the architectural treatment is not compatible with the area. He said that staff had been informed that the applicant had prepared revised plans which addressed the concerns of the residents and the Planning Commission and introduced the applicant to address the plans. Steve Debbs of CSM briefed the City Council on his company. He stated that they have multiple diversified properties with a reputation for quality projects. He noted the awards that they have received for architect and landscaping and stated that they consider themselves to be good neighbors and corporate citizens. Gary Tushie of Tushie-Montgomery Architects said that the plans for the project had been revised by lowering the building, adding brick and increasing landscaping. He said the three-story building was lengthened by 60 feet to accommodate 104 rooms. They have added brick on all sides of the building representing approximately 50%of the building's surface and that they have added more flowering trees and fast-growing overstory trees to their landscape plan. He indicated that they are attempting to make the building as residential looking as a commercial business can be. Hunter asked why this project needed to be a planned development and could not be accommodated with straight zoning. Ridley responded that the applicant's desire to place two uses on one parcel required a planned development zoning. Awada asked if the changes were significant enough to return the item to the Advisory Planning Commission. Egan responded that would be a determination the City Council would need to make. Hunter indicated that he had attended a government seminar presented by John Carver and the principal theme was creating more government efficiency. He said that he does not want to bypass the Commission, but that he feels that the Commission's recommendation gave the City Council all the tools it needs to make its decision. He said the project has changed exactly as the APC suggested it should. Therefore, there is no need to return this to the APC. Wachter asked about site and pylon signage. Ridley stated that the applicant wished to place building signage on the east, west and north sides of the building. Tushie stated that they are asking for signage on three sides to add visibility because of the lowering of the building. Mayor Egan asked if a restaurant tenant had • been identified yet. Tushie noted that a number of restaurants were interested, but none had been signed at this time. EAGAN CITY COUNCIL MINUTES/May 20, 1996 • Page 9 Masin asked if the residents were noticed of consideration of this item by the City Council and the changes proposed by the developer. Ridley stated that residents were informed that a final action on the APC recommendation would occur at the City Council meeting. The specific changes were not separately noticed to the residents. Egan and Hunter stated that it is standard practice for the Advisory Planning Commission to inform residents of the schedule of consideration for proposals. Masin indicated that the Planning Commission also raised concerns regarding the intensity of the use on this site. Egan said that the City has previously supported commercial uses in this area to the point of denying fairly intense residential uses for the same site in the past. Awada stated that a four-story hotel was too much for the site, but that a three-story hotel would be acceptable. Wachter moved, Hunter seconded a motion to approve a preliminary planned development to allow a three-story, 104-room hotel and a 7,200 square foot Class I sit-down restaurant subject to the following conditions: 1. Approved as part of this Preliminary Planned Development is a three-story, 104-room unit hotel and a 7,200 SF/240 seat Class I sit-down restaurant (possibly with on-sale liquor). 2. The term of the Preliminary Planned Development shall be five years. 3. A Final Planned Development Agreement for each phase shall be executed prior to final subdivision and Final Planned Development approval. The following exhibits are necessary for this Agreement: •Final Site Plan •Final Building Elevation Plan 410 •Final Sign Plan •Final Landscape Plan Upon submission of these final plans, provided they are in conformance with the Preliminary PD,the Final PD may proceed to the City Council for approval. 4. Additional plant material shall be added along the east and west property lines. 5. The future restaurant building shall have a brick exterior that is compatible with the existing medical clinic, Chili's, and Wendy's restaurants adjacent to the site. 6. To provide a level of uniformity between the two uses within the proposed PD, some brick exterior material shall be added to the hotel. This brick shall be similar to that to be used on the future restaurant. 7. All rooftop mechanical equipment shall be screened from view and the developer shall provide the City an elevation/screening drawing of the proposed satellite dish for review and approval prior to Final Planned Development approval. 8. Approved signage includes: Hotel building signage on the northeast and west sides, a shared pylon sign on the western edge of the site, and individual monument signs on the eastern edge of the site. All signage shall meet City Code size requirements. 9. The details and finishes of the completed project will be substantially similar to the elevations presented at the City Council meeting of May 20, 1996. Aye: 5 Nay: 0 • X. w EAGAN CITY COUNCIL MINUTES/May 20, 1996 -" `" • Page 10 Wachter moved, Awada seconded a motion to approve the preliminary subdivision for Duckwood Bluff consisting of one lot on 9.8 acres located east of 1-35E,west of Crestridge Drive, south of Eagan Medical Clinic, subject to the following conditions: 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, B2, B3, B4, Cl, C2, C4, D1, El, Fl, Cl, and H1 2. The property shall be platted. 3. Detailed plans and specifications covering the construction of these retaining walls shall be submitted prior to final plat approval. 4. The developer shall utilize the gravity flow sanitary sewer alternative and connect to the existing stub located at the southwest corner of the site. 5. The entire storm sewer system shall be constructed to City engineering standards. 6. The storm sewer should be located outside the hotel entrance canopy area to provide for sufficient area for maintenance of the pipe without disturbing the canopy. 7. The developer shall provide tree protective measures(i.e. 4 foot polyethylene laminate safety netting) installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of the significant trees/woodlands to be preserved. 8. The developer shall also contact the City Forestry Division at least five days prior to any site grading to ensure compliance with the approved Tree Preservation Plan. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION, CONDITIONAL USE PERMITS & VARIANCE HOOVESTOL INC Hedges overviewed the item and noted that the Advisory Planning Commission is recommending denial for reasons outlined in the Commission minutes. He also noted that the issue of new and expanded trucking activities will be the subject of a study directed by the City Council at its meeting of May 7. Senior Planner Ridley indicated that the proposal is for a trucking facility on one 4.2 acre lot located west of Highway 149 and the conditional use permits were necessary for a truck facility in an industrial zone, secondary sales and service of trucks and trailers and fuel dispensing and a variance to the setback from a residential district. He noted that Hoovestol had previously presented a similar application fora site at Yankee Doodle Road and Mike Collins Drive and was denied for that location at that time. He said that the applicant is requesting a variance due to the shape of the site. He further stated that residents appeared at the Advisory Planning Commission meeting and opposed the applications because of concerns involving traffic volume,safety,noise,the proximity of trucking operations to the residential development, smells and emissions from trucks and fuels and the potential impact on property values. Colin Evenson of Evenson Kluse Architects appeared on behalf of the applicant and stated that Hoovestol operates a contract trucking business which has been in the City of Eagan for 18 years. He said that the main contract of the firm was with the U. S. Postal Service. He indicated that the site has been zoned for industrial since Eagan's first zoning plans in 1959. He said that in response to resident issues,the site will accommodate up to 15 truck operations per day, which are existing in the City already. He said that the MnDOT requirement that the site only have a right-in and right-out access will limit its impact on other traffic. He • indicated that fuel dispensing will conform with all state, federal and local requirements and that with respect to pollution, Hoovestol owns its own trucks, the oldest of which is a 1994 vehicle. He stated that all vehicles have three-minute idle timers to shut them off in the event that they are left running. • EAGAN CITY COUNCIL MINUTES/May 20, 1996 Page 11 Sheila Grabowski of 580 Chapel Lane spoke on behalf of a number of residents. She stated that there is already increased traffic on Highway 149, particularly from UPS trucks and West Publishing traffic. She presented photographs and stated that the proposed driveway is at a blind spot on the road and presented other photographs of traffic near Highway 149 and Chapel Lane at 4:30 in the evening. She stated that she believes there will be more traffic despite developer representations. She said that MnDOT indicates there is a need for widening Highway 149 but that no funds are available from the State to accomplish the upgrade. She said that if the variance requested by the developer is approved, the only direction the road could be widened is to the east toward the existing residential properties. Grabowski presented a graphic indicating that there are 23 trucking firms within 2 1/2 miles of her neighborhood. She suggested that Hoovestol could locate closer to the other trucking firms or closer to the bulk mail center. She stated that the City should not consider more trucking on Highway 149 until it is upgraded. With respect to pollution concerns, Grabowski stated that idle controls are routinely overridden in the trucking industry, fueling could result in soil contamination and that her area already deals with odors from Gopher Smelting and should not need to endure more emissions from a trucking facility. Chuck Thorkildson of 510 Rolling Hills Circle stated that truckers will want to turn as they need to despite the right-in/r ght-out restrictions. He was also concerned about the effect of the variance on future Highway 149 expansion. Georgia Hoffman of 500 Rolling Hills Circle suggested that the City work with Hoovestol to locate in the proposed TIF district at Highways 55 and 149. Wachter stated that in addition to the variance, the application requires a number of conditional use permits. He stated that he was not prepared to approve the application without the results of the trucking study. Egan stated that if the Council was not prepared to approve the application, State law indicated that it must be denied or that the City negotiate with the applicant to tie future consideration of the item to the trucking study. Hunter stated that the trucking study need not be completed for consideration of this project and that it should be denied on its merits. He stated that the zoning for the area is industrial but that much has changed in the area which affects whether the City should allow a conditional use. He said that based on a request for a variance alone,there is a reason to deny the application. In addition, he said that noise, fumes and lights will impact the surrounding area. Awada stated that the City has setbacks for a reason and that the variance will affect neighboring properties. Evenson noted that Hoovestol had previously applied to be located near the other trucking firms but that application was denied as well. Masin stated that she is appreciative of their efforts to find sites within Eagan and encourages them to look elsewhere. Hunter moved, Awada seconded a motion to deny the applications and direct staff to prepare Findings of Denial for the preliminary subdivision, conditional use permits and variance for Hoovestol, Inc. Aye: 5 Nay: 0 Mayor Egan stated that Wayne Hoovestol is a long-standing business owner in the City of Eagan and that he hopes the firm can find the right location to stay in the City. DAKOTA COUNTY FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM City Administrator Hedges introduced the item and indicated that Dakota County solicits input from affected cities on its capital plans. Colbert referred the County to the draft Capital Improvements Program and options the Council may wish to consider for modifications to the plan. The City Council reviewed the items. In particular, Hunter noted that the proposed signal at Diffley Road and Rahn Road should be installed in 1997 based primarily on a report from Director of Public Works Tom Colbert that this intersection is the number one priority in Dakota County based on traffic volumes and preventable correlated accidents. Wachter suggested that the Council may wish to consider the Cliff Road project in 1997 instead of 1998. Hunter and Awada noted that it is premature to upgrade Cliff Road at this time and that it should remain in the CIP for • 1998. Egan concurred and stated that it should be considered in the context of improvements to Lexington Avenue. EAGAN CITY COUNCIL MINUTES/May 20, 19960414 C Page 12 Awada indicated that there is interest in trailways on Dodd Road. Colbert stated that Dodd is a City street and not part of the County's CIP and that the installation of trails probably requires that Dodd Road be upgraded to an urban street design which would be very expensive. Wachter noted that it would also soon be necessary to upgrade the south portion of Dodd and that earlier partial improvements requested by the neighborhood are deteriorating. Awada moved, Hunter seconded a motion to approve the staff report recommending modifications to the Dakota County 1997-2001 Capital Improvements Program with the Diffley Road-Rahn Road traffic signal being accelerated to 1997. Aye: 5 Nay: 0 Masin noted that she had received a questionnaire from the MVTA on transit funding and transit needs for discussion with legislators at an upcoming MVTA workshop. The City Council indicated that it would rely on Masin to represent the City's needs based on her work with the Transit Authority. •,. of.<<a/ 4. Colbert reported on staff's response to an alarm for the County Hollow lift station which occurred during a wind storm. He said that staff was able to connect an emergency generator and keep the system operating until power was restored. He also distributed the 1996 sealcoating program. AUTHORIZATION TO INVESTIGATE MIGHTY DUCKS GRANT/SECOND ICE SHEET Hedges stated that the City's arena architect, ACC, had provided an estimate of $15,000 to prepare • preliminary information on the development of a second ice sheet for submittal to the Mighty Ducks program. He said the Eagan Hockey Association has committed to pay one-half of the amount if the City will pay the other half. Hunter stated that City staff should prepare a preliminary cash flow analysis as the basis for a decision on the contracting with ACC. Awada noted that it was necessary to have a cash flow analysis, including necessary staffing and operating costs, before acting on this item. Following these comments, the Council took no action on this item. RICHARD HOLZ PROPERTY Hedges stated that, at the direction of the Council, staff had presented a counteroffer to the Holz family for acquisition of the Richard Holz property. Staff compared the offer and counteroffer to the original asking price and appraisal. Councilmembers discussed the appropriateness of the price given the fact that its primary use would be as a driveway and that the site already has access through the neighborhood. They further discussed the availability of parking and whether future needs are met by the acquisition. The Council suggested that staff work with a realtor to assess the potential to acquire the property and subdivide it to permit resale of the existing house. Hedges stated that staff would undertake this next level of analysis before returning the item for Council consideration. RATIFICATION OF ACTION - ROYAL OAKS TAX EXEMPT PARCEL City Attorney Sheldon noted that in order to process the Council's action on the Royal Oaks'property and because the minutes of the May 7 meeting will be considered at a later date, it will be necessary to ratify the Royal Oaks action separately. Awada moved, Hunter seconded a motion to ratify the Council's action of May 7 to acquire the Royal Oaks tax exempt parcel. • EAGAN CITY COUNCIL MINUTES/May 20, 1996 Page 13i_1+_ 1,7 • PARKLAND SIGNAGE Wachter moved, Awada seconded a motion directing the placement of signs at all active City parks and on unimproved parkland noting its acreage. Aye: 5 Nay: 0 Awada referenced a letter regarding the amount of D-ll land remaining in the City. She stated that studies including the Met Council Livable Communities study suggest that Eagan has an oversupply of townhouse property. She suggested that a study be undertaken to redesignate appropriate areas to other uses. City Attorney Sheldon stated that staff can bring the Council a study proposal with alternatives for their consideration at a future meeting. Masin reported on attending the Convention&Visitors Bureau benefit with Mayor Egan. It was noted they had an opportunity to discuss community beautification and intercommunity collaboration with Lieutenant Governor Joann Benson who spoke at the event. Masin also attended the Intergenerational Dialogue Training session and stated that the City needs to emphasize the involvement of youth in its volunteer activities. She also attended the Center for Transportation Studies Annual Conference to discuss transportation and transit issues. She stated that the Dakota County League of Governments intends to address property tax reform and requested feedback from the Council in that regard. PUBLIC NOTICE POLICY Hunter moved, Wachter seconded a motion to approve a Council policy that anyone who signs the register at an informational meeting will receive a written notice of the City Council meeting at which the matter will be discussed. Aye: 5 Nay: 0 4111 Wachter moved, Egan seconded a motion to approve all the bills in order that they may be paid. Aye: 5 Nay: 0 Wachter moved, Egan seconded a motion to recess the City Council meeting for an executive session. Aye: 5 Nay: 0 • The City Council reconvened following the executive session. Awada moved, Hunter seconded a motion to approve collective bargaining agreements for 1996 and 1997 with the Police unit and Sergeants unit of the Police Department. Aye: 5 Nay: 0 ,40•;0'0 'Of,,6,✓:.. i Wachter moved, Egan seconded a motion to adjourn the meeting at 11:25 p.m. Aye: 5 Nay: 0 JDH May 20, 1996 '�cV.4140,1)tjaditiUts...„ 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.