Loading...
06/18/1996 - City Council Regular 00-1,n7 • MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota June 18, 1996 A regular meeting of the Eagan City Council was held on Tuesday, June 18, 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, Senior Planner Lisa Freese, Assistant Engineer Mike Foertsch, and City Attorney Jim Sheldon. Tom Mullon, American Legion, Eagan Post 594, gave a short invocation and led the Pledge of Allegiance. Mayor Egan recognized Eagan Post 594 for the donation of a flag to the City and thanked them for participating in the dedication ceremony. Mayor Egan also noted that Lexington Standard was responsible for the donation of the flag pole and he thanked them for their contribution. Councilmember Masin moved, Councilmember Awada seconded a motion to adopt the agenda as presented. Aye: 5 Nay: 0 Councilmembers noted typographical corrections to pages 12 & 13. Councilmember Masin moved, Councilmember Awada seconded a motion to approve the minutes of the June 4, 1996 regular meeting as corrected. Aye:{�5 Nay: 0 rr �j or Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the minutes of the June 4, 1996 special meeting. Aye: 5 Nay: 0 David Szott, Chair of the Parks Bond Referendum Task Force, addressed the Council. He referenced a letter that was delivered to the Council earlier in the day in regard to the referendum date. He stated that he appreciates the support of the Council in regard to the $4.6 million dollar amount. He also stated that he understood their concern regarding the cost of holding the referendum separate from the General Election. However, he added that the Land Acquisition Subcommittee, the APRNRC and Task Force are all in agreement and feel the August 6 date will give the referendum more chance for success. He also added that they feel the referendum issue is important enough to stand on its own merit. Councilmember Hunter asked a procedural question in regard to the reconsideration of the date that was tentatively set at the June 4, 1996 Council meeting. He stated that he felt it would be necessary to open this back up to the public so they could voice their opinions. He felt the Council could not act before the next meeting. He questioned if this would allow enough time to legally be put on the ballot for an August 6 referendum. Administrator Hedges said that the deadline for the August 6 referendum was tonight's Council meeting and added that the Council would have to act tonight in order for the referendum to be held on August 6. He stated that the resolution must be passed within a timeframe of 45 days prior to the • election date of the referendum. He also noted that this was a non-published agenda item for this evening's meeting. EAGAN CITY COUNCIL MEETING MINUTES;JUNE 18, 1996 Ot • PAGE 2 Councilmember Awada asked how the Task Force would feel about putting the referendum with the Primary Election vs. the General Election. Szott indicated that the Task Force had discussed the idea, but felt the Primary Election is a single issue election which would only appeal to those interested in the primary candidates for a straight party. He stated they felt this would not attract a cross section of voters and indicated that they would prefer the General Election as opposed to the Primary. Councilmember Masin felt the September date is closer to the August date and prefers the September date. Councilmember Awada stated that she agreed with Councilmember Hunter and that the Council should not act on a non-published item without allowing for public input. She suggested the Council reconsider this on the next Council agenda, which would leave open a later date in August, the Primary or the General Election. Councilmember Awada also stated that it would be ideal for the referendum to stand on its own if it didn't cost so much to hold a special election. Councilmember Wachter stated that he would like to have an informed constituency regarding the bond referendum issue. Councilmember Wachter moved, Councilmember Masin seconded a motion to reconsider and place the item on the next Council agenda. Bea Blomquist addressed the Council regarding her concerns with the bond issue in regard to the residential and business community and feels there's a lot of unanswered questions. She added that by vacillating in regard to the date, questions may arise as to what's wrong with the bond issue. She also added that it's unfair for the Council to reconsider because the public felt the Council had made their decision at the last meeting. She also noted her concern with high taxes and stated that she feels a special referendum is unnecessary given the cost. Councilmember Hunter stated that he agreed with Bea Blomquist in regard to reconsidering the action since it was already acted on at the last meeting. However, he added that he doesn't feel changing the date of the election affects the integrity of the bond referendum. Mayor Egan stated he was concerned about the action the Council was taking and expressed his concern that the letter submitted by the Task Force should have been received earlier in order that this item could have been placed on the regular agenda. Councilmember Masin stated she feels that the referendum is important and the reason the date was changed was to be sensitive to saving money. There was some question as to what was acted on at the last Council meeting in regard to the date for the referendum. Councilmember Wachter withdrew his earlier motion. Hedges noted that on page 15 of the June 4 minutes, the motion was to receive the Task Force report and direct the preparation of a resolution targeting November 5, 1996 for the General Election for the parks bond referendum in the amount of$4.6 million dollars. He stated that the motion clearly suggests that the amount was set, but that the date was tentatively set and would be firmly set when the resolution was formally adopted. He also added that Jennifer Hearon and John Young had raised questions at the last Council meeting and it was decided that the Task Force would address those questions sometime within the next 30 days. He further added that if the Council set the date for the second meeting in July, those questions would be able to be addressed. He mentioned that this may not allow a change to the date for August 20, but it would still keep open the dates of the Primary or General Election. Councilmembers concurred with bringing this item to the July 16 Council meeting. Mayor Egan again recognized the American Legion, Eagan Post 594 for the dedication ceremony and the dedication of the flag. • `.l ..I°.:� _ni` EAGAN CITY COUNCIL MEETING MINUTES;JUNE 18, 1996 • PAGE 3 Administrator Hedges gave an overview on the process of determining a name for the athletic fields at Lexington and Diffley. He noted that a survey was conducted with Lexington Diffley Athletic Fields being the choice with the most responses. Councilmember Hunter moved, Councilmember Masin seconded a motion to officially name the athletic fields "Lexington Diffley Athletic Fields." Aye: 3 Nay: 2 (Councilmember Wachter and Councilmember Awada) Mayor Egan recognized Brenda Haugen, reporter for the Thisweek Newspaper, who was in the audience and thanked her for the article written by her in regard to the City of Eagan's internship program and the L.P. Cookingham Career Development Award received by Administrator Hedges. He also acknowledged the present Intern Lorenzo Davis who was also interviewed for the article. Hedges asked for clarification on an item that was addressed at the special workshop, and the direction that should be given to staff in regard to the HRA and the Wescott Townhome rehabilitation project. Mayor Egan stated staff should continue to negotiate with the property owner to get closer to the equity price. It was noted that the City should continue to pursue three options. The first option would be to work with the HRA in pursuing the acquisition of the entire four unit building vs. the initial objective of only acquiring one unit. The second option would be the City offering to "buy down" a portion of the acquisition cost of the 949 building to allow the HRA to offer the units at the market rate. The third option would be for the City to participate financially in a total buyout/rehabilitation of the Wescott townhomes either structured as a private buyout to a single ownership or as a public HRA • buyout. {l 00 Administrator Hedges noted that Items C & D should be removed from the consent agenda and moved to the first two items under Old Business. In regard to Item A, Personnel Items. Item 4. Reclassification/Seasonal Part-time Preschool Instructor, Councilmember Wachter stated he was concerned about the impact this would have on the budget in the future and what benefits would be included. He also added that if we have to keep up with the benefits, then we have to reduce the number of employees. Hedges indicated that all the standard benefits would apply to this position, but would be pro-rated. Councilmember Masin asked if the fees collected from the programs would help cover the increase. Councilmember Hunter stated that if the fees do not cover the cost of these special positions, the Council needs to know what they are subsidizing. In regard to Item C, Findings of Fact on Denial of a Preliminary Subdivision. Conditional Use Permits and Variance for Chesley Freightliner. This item was removed from the consent agenda and moved to the first item under Old Business. In regard to Item D, Deny Vacation of Public Right-of-Way. Yankee Court & Kutoff Drive. This item was removed from the consent agenda and moved to the first item under Old Business. In regard to Item F, Recommendation. Airport Relations Commission. Noise Abatement Departure Profiles. Mayor Egan stated that at the last MASAC Board meeting, this item was discussed • and was a contentious item. He raised a concern that the policy may be deviating from MASAC's policy. Assistant to the Administrator Hohenstein stated that Mayor Egan's observation was correct and EAGAN CITY COUNCIL MEETING MINUTES;JUNE 18, 1996 �{ �y • PAGE 4 that the number of affected residents in Eagan from each procedure is relatively close; although the close-in procedure will result in about 35 more people being within one of the contours. He added that the commission determined it might be worthwhile to try the alternative close-in procedure. Mayor Egan suggested the procedure being recommended for the City of Minneapolis be used as a guide. In regard to Item H, Cedarvale. Special Services District Major Complex Sign, Councilmember Masin questioned the placement of the sign in the middle of the divider along with the billboard. Senior Planner Freese noted that the sign location is to the east of the billboard. She also stated that there is a clump of trees in that location, but they will not obstruct the view of the sign. Councilmember Masin asked if the sign is in the middle of Hwy. 13. Freese stated that the sign will be ten feet off the edge of Cedarvale Boulevard in the public right-of-way. In regard to Item L, Approve. 1996 Fee Schedule. SEH. Inc., Councilmember Hunter questioned why the increase in fees should be retroactive to April 1 and also asked if the City had been paying the bills since April 1. Assistant Engineer Foertsch indicated that the bills have not been paid since April 1. Councilmember Hunter suggested that the effective date of the increase in fees should be July 1. Councilmember Wachter questioned the high rates and asked if it would be possible to negotiate with SEH. Mayor Egan noted that the calculations are not directly comparable to other consultants, since they have different ways of calculating their fees. He also added that using SEH is very cost effective and that their fees are in line with other consultants. Foertsch indicated that SEH's fees are similar to other consultants. Councilmember Masin suggested that the fee schedules for all consultants be adopted at the same time. Mayor Egan concurred. Foertsch stated that SEH has a different fiscal year than other consultants. Councilmember Hunter noted that the rate adjustment • should be asked for up front so a comparison could be done. Foertsch said that they could request this be done in the future. Hedges noted that letters could be sent regarding fee adjustments to all consultants prior to the budget process. He also added that some extension would need to be given to consultants for this year. Councilmember Hunter moved, Councilmember Wachter seconded a motion to approve the 1996 Fee Schedule for SEH, Inc. effective July 1, 1996. Aye: 5 Nay: 0 In regard to Item 0, Approve Change Order#1. Contract 96-03. (Well#19 - Pumping Facilities). Councilmember Wachter questioned why the well was drilled and then oversized. Assistant Engineer Foertsch indicated that during the well drilling process, the well was bid with three different size casings. He added that during the process they were able to put in two longer, larger casings allowing for greater flexibility. Councilmember Wachter asked if that was decided after the crews had already begun digging. Foertsch indicated that was the case. In regard to Item R, Contract 95-DDD. Approve Extended Work Hours (Eagan Promenade Addition), Councilmember Masin stated her reservations regarding noise during early morning hours and late at night. She added that complaints would be received similar to those received when the Mendota Bridge work was being done, specifically, when the dirt was brought over. Councilmember Hunter concurred. He stated that the City should adopt the same policy as was adopted in that case and that once the first complaint is received, the hours should be moved back. Councilmember Wachter agreed. Mayor Egan directed Administrator Hedges to move back the hours and handle this issue administratively if any complaints are received. In regard to Item V, Approve. 7-1-96 to 7-1-97 General Insurance Renewal, Councilmember Wachter commented about the favorable proposal that was received. A. Personnel Items • Item 1. It was recommended to approve the hiring of a person to be named as a Combination Building g '-a EAGAN CITY COUNCIL MEETING MINUTES;JUNE 18, 1996 • PAGE 5 Inspector. Item 2. It was recommended to approve the hiring of Brian Distad as a temporary part-time Recycling Intern. Item 3. It was recommended to approve the hiring of Teresa Pojman as a temporary part-time MIS Technician. Item 4. It was recommended to reclassify the two part-time seasonal pre-school instructor positions to the status of part-time regular positions. Item 5. It was recommended to approve contracting with Rick Bradley on a temporary basis through December, 1996, to perform the City's required electrical inspections. Item 6. It was recommended to approve the hiring of Ian O'Loughlin as a seasonal ballfield attendant. Item 7. It was recommended to approve the hiring of Michael Wallis as a seasonal Parks/Forestry Technician. Item 8. It was recommended to approve the hiring of Eric Bergh, Carrie Ann Gangl and Michael Gust as seasonal Utility Maintenance Workers. Item 9. It was recommended to approve the hiring of Nova Butor and Matt Hanson as seasonal Park Maintenance Workers. • Item 10. It was recommended to approve the hiring of Kathy Fletcher and Sandra Hillyer as seasonal Softball Camp Instructors. Item 11. It was recommended to approve the hiring of Jill Andrew and Kim Moen as seasonal part-time Recreation Assistants. Item 12. It was recommended to approve the hiring of Lisa Heine as a seasonal part-time Recreation Leader. Item 13. It was recommended to approve the hiring of Lynne Hockford as a seasonal part-time Preschool Leader. Item 14. It was recommended to approve the hiring of Kerri Bonlender, John Hayden, and Lisa Hayden as seasonal part-time Tennis Instructors. Item 15. It was recommended to accept the resignation from Bette Parks, Clerical Tech II, Central Services Maintenance, who is retiring. Item 16. It was recommended to accept the resignation from Kelly Blommel, Utility Maintenance Worker. B. Massage Therapy License for Michael J. Persing to Practice at Wastl Chiropractic. 1340 Duckwood Drive. It was recommended to approve a massage therapy license for Michael Persing to practice at Wastl Chiropractic Clinic as presented. • C. Findings of Fact. UPS 2nd Addition (Chesley Freight) located west of TH 149 and south of Yankee EAGAN CITY COUNCIL MEETING MINUTES;JUNE 18, 1996 , ;t. F.`,i. • PAGE 6 Doodle Road and Kutoff Court. (This item was considered under Old Business). D. Deny Vacation of Public Right-of-Way. Yankee Court & Kutoff Drive, (This item was considered under Old Business). E. Award Contract. Municipal Buildings Refuse Hauling. Aagard. Inc. It was recommended to award refuse and recycling contract to Aagard, Inc. for Eagan City facilities. F. Recommendation. Airport Relations Commission. Noise Abatement Departure Profiles. It was recommended to adopt a recommendation by the Airports Relations Commission to support implementation of the close-in noise abatement departure profile for operations southeast of Minneapolis/St. Paul International Airport. G. Final Subdivision. Centex Homes for Centex Vermilion 2nd Addition located east of Hwy. 13 and 96.43 south of Robin Lane. It was recommended to approve a Final Subdivision for the Centex Vermillion 2nd Addition located east of Highway 13 and south of Robin Lane. H. Cedarvale. Special Services District Major Complex Sign. It was recommended to approve the proposed major complex sign for the Cedarvale Special Services District. I. Approve Change Order#1. Contract 95-21. (Schwanz Lake Water Quality Improvement). It was recommended to approve Change Order No. 1 (Contract 95-21 - Schwanz Lake Water Quality Improvement) and authorize the Mayor and City Clerk to execute all related documents. • J. Approve Change Order#1. Contract 95-13. (Northridge Drive - Utilities). It was recommended to approve Change Order No. 1 to Contract 95-13 (Northridge Drive - Utilities) and authorize the Mayor and City Clerk to execute all related documents. K. Vacate Utility Easement, Receive Petition/Schedule Public Hearing. (Outlot A. George W. Giles Addition). It was recommended to receive the petition to vacate a portion of an existing utility easement over Outlot A, George W. Giles Addition, and schedule a public hearing to be held on July 16, 1996. L. Approve. 1996 Fee Schedule. SEH. Inc. It was recommended to approve the 1996 Fee Schedule for SEH, Inc. Councilmember Hunter moved, Councilmember Wachter seconded a motion to approve the 1996 Fee Schedule for SEH, Inc. effective July 1, 1996. Aye: 5 Nay: 0 M. Contract 96-11. Approve Extended Work Hours (Yankee Doodle Road). It was recommended to approve extended work hours for Contract 96-11 (Yankee Doodle Road - Street & Signal Improvements) for the hours of 6:00 a.m. to 8:00 p.m. from present time to November 1, 1996. N. Approve Change Order#1. Contract 96-05. (Northridge Drive - Streets). It was recommended to approve Change Order#1 to Contract 96-05 (Northridge Drive - Streets) and authorize the Mayor and City Clerk to execute all related documents. O. Approve Change Order#1. Contract 96-03. (Well#19 - Pumping Facilities). It was recommended to approve Change Order#1 to Contract 96-03 (Well No. 19 - Pumping Facility &Watermain) and authorize the Mayor and City Clerk to execute all related documents. P. Approve Contract 95-14.(Clemson Drive - Streets & Utilities). It was recommended to approve • Change Order#1 to Contract 95-14 (Clemson Drive - Streets & Utilities) and authorize the Mayor and City Clerk to execute all related documents. 233 EAGAN CITY COUNCIL MEETING MINUTES;JUNE 18, 1996 • PAGE 7 Q. Project 695. Approve Right of Entry Agreement (Yankee Doodle Road - Lockheed Martin), It was recommended to approve the Right-of-Entry Agreement for Project 695 (Yankee Doodle Road) for Lockheed Martin and authorize the Mayor and City Clerk to execute all related documents. R. Contract 95-DDD. Approve Extended Work Hours (Eagan Promenade Addition). It was recommended to approve extended work hours for Contract 95-DDD, (Eagan Promenade Addition) for the hours of 5:00 a.m. to Midnight, Monday through Saturday, from present time to November 30, 1996. S. Massage Therapy License. for Chad Houck to Practice at Lifetime Fitness. 1565 Thomas Center Drive. It was recommended to approve a massage therapy license for Chad Houck to practice at Lifetime Fitness as presented. T. Final Planned Development. Farm Bureau - Lot 1. Block 1. Eagandale LeMay Lake 5th Addition. It was recommended to approve a Final Planned Development to allow a 23,000 sq. ft. office building on Lot 1, Block 1, Eagandale LeMay Lake 5th Addition located at 3080 Eagandale Place south of the Residence Inn and west of 1-35E. U. Approve. Holz Farm. Right-of-Way Acquisition. It was recommended to authorize staff to implement the Council's direction regarding access to Holz Farm Park from Cliff Road. V. Approve. 7-1-96 to 7-1-97 General Insurance Renewal. It was recommended to approve the general insurance renewal for 7-1-96 to 7-1-97. • W. Approve. Plans and Specifications and Advertise for Bids for Tennis Court Resurfacing and Lighting of Tennis Courts at Northview. It was recommended to approve plans and specifications, authorize advertisement for bids for tennis court resurfacing and lighting of tennis courts at Northview Athletic. X. Approve. Change Order#1. Contract 96-09. (Blackhawk Park Pavilion), It was recommended to approve Change Order#1 for Contract 96-09, Blackhawk Park Pavilion in the amount of$7,726.51. Y. Approve. Change Orders. Municipal Center Building Project. It was recommended to approve change orders for the Pink Companies resulting in a net credit to the Municipal Center Project of $274.32. Z. Final Subdivision. Wobken. Walsh. Noreen. Architects. Inc.. for Wescott Hills 5th Addition. located 96.43.1 between Wescott Square and Trails End Road. It was recommended to approve a Final Subdivision (Wescott Hills 5th Addition) consisting of four lots on 1.07 acres of property currently platted at Lots 15 - 19 of Wescott Hills Revised 3rd Addition located south of Yankee Doodle Road, east of Ivy Lane in the NE 1/4 of Section 14. AA. Contract 96-12. Receive Bids/Award Contract (Northwoods Drive - Street and Utilities). It was recommended to receive the bids for Contract 96-12 (Northwoods Drive - Streets & Utilities), award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents. Councilmember Hunter moved, Councilmember Wachter seconded a motion to approve the consent agenda with the noted modifications. Aye: 5 Nay: 0 APPOINTMENT, BURNSVILLE/EAGAN COMMUNICATIONS COMMISSION EAGAN CITY COUNCIL MEETING MINUTES;JUNE 18, 1996 ' 0 atc'3 • PAGE 8 Administrator Hedges explained the ballot procedure to members of the audience. Councilmember Hunter moved, Councilmember Wachter seconded a motion to appoint Jeff May to fill the current commission vacancy of Bill Ista for the remainder of a three-year term on the Burnsville/Eagan Communications Commission. Aye: 5 Nay: 0 Max Ramsey was appointed, by a majority of the ballots, as the replacement for the remainder of the one-year alternate term on the Bumsville/Eagan Communications Commission which was vacated by Jeff May. VACATE DRAINAGE & UTILITY EASEMENT LOT 6, BL 5, COUNTRY HOLLOW 1ST ADDN Administrator Hedges gave an overview of this item. Assistant Engineer Foertsch gave a staff report. Mayor Egan then opened the public hearing to anyone wishing to speak. James Walsh, 4132 Prairie Ridge Road, addressed the Council stating he would like to use his lot to the fullest. He added that the sewer line dead ends and will never be used. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. Councilmember Wachter moved, Councilmember Hunter seconded a motion to close the public hearing and approve the vacation of the drainage and utility easement as described over Lot 6, Block 5, • Country Hollow 1st Addition, with the stipulation that the property owner agrees not to hold the City responsible for the soil densities and/or for providing soils suitable for building footing construction within the vacated easement area, and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 FINDINGS OF FACT. UPS 2ND ADDITION (CHESLEY FREIGHT) VACATION OF PUBLIC RIGHT-OF-WAY, YANKEE COURT & KUTOFF DRIVE. (These items were pulled from the consent agenda and considered as one action) Administrator Hedges gave a brief overview of this item. Hedges asked City Attorney Sheldon if part of a motion where three separate land use decisions were enacted could be reconsidered and what the correct procedure would be. Sheldon stated that reconsidering this motion would be the same as if the Council had not previously voted on the issue. He stated it was an all or nothing proposition. Gary Gandrud, representative for the applicant, stated that UPS is making this request and not Chesley Freight, since the purchase agreement has expired and the Chesley project is no longer being considered. He added that the property owner to the west is interested in buying the additional land. Councilmember Wachter asked if they needed to submit a new application. Sheldon questioned if this was the same proposal as before. Gandrud restated that the plat is the same as was applied for before. He also added that if this was reconsidered, Lot 1 could be left in the same condition as it is in today and that the change would be to straighten out Lot 2. He said that if this item was brought back, they would meet with the neighbors and explain to them what they were planning on doing. Mayor Egan stated that some concerns were expressed by the neighborhood and that they would prefer the Planned Unit Development stay the way it is with 16 lots, since they would prefer 16 • smaller businesses vs. 2 or 3 larger ones. He added that if this parcel is replatted, that objective may ,. .) EAGAN CITY COUNCIL MEETING MINUTES;JUNE 18, 1996 • PAGE 9 not be accomplished. Councilmember Hunter stated that even though this was the same line as before, it is a new application and would require a new public hearing. Councilmember Wachter concurred. Hedges stated that staff would agree as well. It was felt that the original action that was presented on the agenda should be taken. 96.43.2 Councilmember Hunter moved, Councilmember Wachter seconded a motion to approve a resolution denying a request by Chesley Freightliner for a Preliminary Subdivision, Conditional Use Permits and Variance to allow a truck sales and service facility including outdoor storage on property located east of Hwy. 149 and south of Yankee Doodle Road and deny the vacation of public right-of- way for Yankee Court and Kutoff Drive. Aye: 5 Nay: 0 CONSIDER REQUEST FOR JOINT POWERS AGREEMENT WITH INVER GROVE HEIGHTS Administrator Hedges gave an overview of this item. Jim Willis, Inver Grove Heights City Administrator, addressed the Council and stated that they would like to continue the work they began and complete their long range planning for the city and that extending utility services from the City of Eagan to the City of Inver Grove Heights is the most economical option. He added that he would like to continue a cooperative relationship with the City of Eagan. Mark Anderson, Director of Land Development for Lundgren Brothers, addressed the issues relating to other services, i.e., Police, Fire, Parks. He added that they are only talking about utility services in this case. He further added that the pipes would be owned and maintained by Inver Grove Heights and that Eagan would only be providing the flow. He noted that Eagan's system was designed to have the capacity for the designated area. He also noted that this project would result in reimbursement to the City of Eagan. Allen mentioned • that the Joint Powers Agreement (JPA) would create an opportunity to work on border issues. He said that his company has offered to pay up to $5,000 to cover legal expenses involved with investigating the possibility of a JPA. Mayor Egan referenced Howard Kyllo's letter that was submitted encouraging the Council to complete the JPA. Mayor Egan stated that he's concerned about the residents of the City of Eagan. He also noted that the JPA must meet three criteria. The first criteria should require that the JPA meet the engineering standards in regard to capacity. The second criteria should question whether this agreement is legally enforceable. He stated he feels it's important to be a good neighbor when there's the possibility of reciprocation. The third criteria he mentioned was if the JPA was prudent from an accounting and financial point of view. Councilmember Wachter asked where the benefits were to the taxpayers of the City of Eagan. Councilmember Masin added that she agrees with Mayor Egan's concerns and she also questioned the stability of Inver Grove Heights' city planning. She added that in regard to the Captain Dodd issue, they did not show any sensitivity to the City of Eagan. Councilmember Hunter asked if the City would stand to gain a profit by selling utilities. Assistant Engineer Foertsch indicated that a profit was not expected at this point. Councilmember Hunter expressed his concern with risk factors, such as sewers backing up and the effect it would have on Eagan residents. He also stated that it would require more staff time from the City of Eagan employees and added this may decrease the quality of work performed in Eagan as a result. He also added Inver Grove Heights was not neighborly in regard to the Captain Dodd issue. Mayor Egan stated the benefits Eagan would receive as a result of this agreement, such as creating a gateway by assuring the quality of development on the border. He also added that the costs charged would provide a surplus to the City. Councilmember Awada stated that she preferred to have Lundgren Brothers building on the border because they are a quality builder. Councilmember Masin stated that the partnership needs credibility and that the Council would need to see detailed plans from • Inver Grove Heights. Councilmember Hunter stated that the people along the western border will feel like Eagan residents and begin using facilities provided by the City of Eagan, which will result in further .ry,r1 0". • EAGAN CITY COUNCIL MEETING MINUTES;JUNE 18, 1996 PAGE 10 hidden costs. He also requested that detailed plans for the City of Inver Grove Heights be seen. He added that another option would be to annex that portion of Inver Grove Heights. Councilmember Wachter requested to see the complete Comprehensive Guide for Inver Grove Heights. Senior Planner Freese noted that staff has received notice of the amendments to their plan and added that they are in the process of completing it. Councilmember Wachter questioned the need for an additional water tower in Eagan if utilities are extended and stated he feels Inver Grove Heights should work with their own city in regard to getting these utilities established. Mayor Egan stated that the City of Eagan is looking for another water reservoir and that this would be the link to justify getting that reservoir. Foertsch commented that the reservoir would provide residual benefits to Eagan residents and also serve Inver Grove Heights residents. Councilmember Masin requested this item be continued until detailed plans are provided in regard to the services Inver Grove Heights would be providing to these residents. Councilmember Awada moved, Councilmember Masin, seconded a motion to address this item at a workshop in July. Aye: 3 Nay: 2 (Hunter, Wachter) Councilmember Hunter stated that he does not want to appear adversarial and that the decision not to go ahead with the JPA is not a reflection on City staff, the Mayor or Council of Inver Grove Heights, but rather is a question of what benefits Eagan residents would receive. PROJECT 689, REVISE PENDING ASSESSMENT ROLL (HAYES & DELOSH ADDITIONS - STORM SEWER) Administrator Hedges gave an overview of this project. Assistant Engineer Foertsch gave a • staff report. Councilmember Awada moved, Mayor Egan seconded a motion to revise Project 689 (Hayes & DeLosh Additions - Storm Sewer) and related assessment roll deleting the lateral benefit assessment to the Hayes Addition. Aye: 5 Nay: 0 CONTRACT 96-07, RECEIVE BIDS/AWARD CONTRACT (HAYES & DELOSH ADDITIONS -STORM SEWER) Councilmember Hunter moved, Councilmember Awada seconded a motion to receive the bids for Contract 96-07 (Hayes & DeLosh Additions - Storm Sewer) and award the contract to G.L. Contracting in the amount of$106,490.40 and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 Assistant Engineer Foertsch indicated that the bids shown in the Council packet did not show the cost of clearing and grubbing in the ravine. He passed out information regarding quotes taken from tree service operators for clearing in the ravine prior to bidding the other improvements. He stated the process was accelerated because it was beneficial to remove the vegetation before the leaves came out on the trees. He also added the actual total cost, when both bids were combined together, came in under the report estimate by 14.5% and 22.4% under the engineer's estimate. Councilmember Hunter moved, Councilmember Awada seconded a motion to award a contract to St. Croix Tree Service in the amount of$4,430 to Project 96-07, resulting in a total contract for the improvements in the amount of$110,920.40. Aye: 5 Nay: 0 • PRELIMINARY SUBDIVISION & PRELIMINARY PLANNED DEVELOPMENT HONEY TREE, LTD. 06207 EAGAN CITY COUNCIL MEETING MINUTES;JUNE 18, 1996 • PAGE 11 Administrator Hedges gave an overview of the project. Senior Planner Freese gave a staff report. She noted that at the Advisory Planning Commission hearing, neighbors expressed concerns with traffic. She added that the traffic analysis that was conducted indicated Nicols Road could handle the increased capacity. She also added that a recommendation was made to relocate the driveway on the south and it is included as one of the conditions. Ray Anderson, a representative of Honey Tree, Ltd., addressed the Council and stated that this is a quality project, run by local people who are sympathetic to the concerns of the neighbors. He also stated that staff has done an excellent job in regard to their application. He mentioned the need for a convention center in the City of Eagan and stated that this project would provide one. Councilmember Wachter asked if the restaurant could take more advantage of the scenic view and added that the landscaping should not take away from the view. Anderson stated they may change the back of the structure to accommodate the view. Councilmember Masin stated that the protection of the pond is a major concern. Freese noted that the relocation of the trail on the pond property will have no detrimental impact on the water quality or vegetation. Councilmember Masin stated that a convention center is needed and asked about the height of the buildings. She was concerned that five stories would not blend in with what's already there. Anderson stated that spruce trees will help blanket the buildings. Mayor Egan asked about the CSC zoning and the permitted use. Freese stated that under the existing CSC zoning, retail uses would be permitted, along with hotels. She added that the reason to go with Planned Development zoning is because of the cross easements with parking and setback deviations rather than having • multiple variances. Steven Haibel, resident who lives on Scott Trail, addressed the Council as the spokesperson for his neighborhood. He shared their concerns and stated that some residents object to the whole project while others only object to a portion of it. Several other residents stated their concerns which included the wildlife, increased traffic, safety, parking, height of the buildings, liquor licenses, and decreased property values. Ann Carlon, Executive Director of the Eagan Convention and Visitors Bureau, addressed the Council and stated they have been working with Ray Anderson and support the project. She also noted that the site is appropriate for the proposed project. She further added that the number of rooms in the hotels is in line with other hotels in Eagan and that this project will help the economic base. Brad Schafer, Manager of the Cedarcliff Shopping Center, addressed the Council and stated that they welcome this development and feel it would be beneficial to their business. He stated that he did not feel the hotel project would generate as much traffic as a shopping center. Indulis Rutks, 4477 Scott Trail, noted that the Council had approved a hotel by Fish Lake, but their approval was for three stories instead of the four proposed. Gary Tankenoff, owner of the property, addressed the Council and stated that they have tried to put together a quality project and that if the height of the structure is reduced, along with decreasing the number of rooms, the project would become economically unfeasible. He added that the property will probably be developed within the next six months and that the residents may not be happy with a new proposal. Councilmember Masin stated that she felt this was a good development, but added she was • concerned with the height of the buildings, as well as the increased traffic. Councilmember Awada concurred with the concern for the height of the buildings. Councilmember Hunter added that the traffic EAGAN CITY COUNCIL MEETING MINUTES;JUNE 18, 1996 PAGE 12 , analysis states that traffic will not be a major concern. He also noted that property values will probably decrease no matter what's built there. He said that although the hotels may be needed, the heights of this structure is excessive. He felt the hotels are too close to the residential area. Councilmember Wachter mentioned that no matter what goes on this site, there will be an impact to the neighborhood. He favored finding the least objectionable option and felt that this project was a good use for the site. Mayor Egan stated that the community is in need of a conference center. He suggested that Anderson keep on looking for alternative sites in Eagan if the project is not approved. He also commended Ann Carlon for her efforts in regard to the hospitality industry. He also noted that CSC zoning could allow for a more intense use than what is being proposed. Councilmember Awada asked the applicant if they would consider a shorter hotel. Anderson stated that they have looked at various alternatives and added that if you're going to have a high quality project, you need the visibility to attract customers. Councilmember Masin asked if there was any way to block off the residential side of Nicols from the view of the hotel. Freese noted that additional work on landscaping could be done, but added that it would take several years for the trees to become effective. Councilmember Hunter moved, Mayor Egan seconded a motion to deny a Preliminary Subdivision for Honey Tree First Addition consisting of three lots, previously platted as Lots 1, 2 and 3, Block 2, Mari Acres Second Addition and direct staff to prepare Findings of Denial. Aye: 3 Nay: 2 (Awada, Wachter) Councilmember Hunter moved, Councilmember Masin seconded a motion to deny a Preliminary Planned Development consisting of two five-story hotels and a Class I restaurant, including on-sale • liquor for Lots 1 and 3 of the proposed Honey Tree First Addition and direct staff to prepare Findings of Denial. Aye: 3 Nay: 2 (Awada, Wachter) ADOPT ZONING MAP Administrator Hedges gave an overview of this item. Councilmember Awada moved, Councilmember Hunter seconded a motion to approve the publication of a Summary Ordinance adopting the City of Eagan Zoning Map pursuant to Section 11.2, Subd. 2 of the City Code incorporating changes since the last map publication, administrative changes and correction of errors in the previously published map. Aye: 5 Nay: 0 RESOLUTION APPROVING THE LEVY OF THE TRANSIT TAX 96.44 Administrator Hedges gave an overview of this item. Councilmember Awada moved, Councilmember Masin seconded a motion to approve the resolution approving the levy of the transit tax. Aye: 5 Nay: 0 Councilmember Masin stated that a lot of work went into this and this action means a lot. Mayor Egan commented on the excellent League of Minnesota Cities conference held in Rochester June 11 - June 14. • Administrator Hedges referenced an item in the Informative Memo regarding economic development prospects. He noted that a motorcycle company is interested in pursuing TIF in regard to • EAGAN CITY COUNCIL MEETING MINUTES;JUNE 18, 1996 PAGE 13 the property on Lone Oak Road and Hwy. 55 and he asked if staff should work with them. Assistant to the Administrator Hohenstein explained that this prospect is attractive from a tax base standpoint. He indicated that up to 10% of TIF may be used as a business inducement. He noted that the company is looking beyond the 10% and they are seeking to find out what the District would support. Councilmember Wachter and Mayor Egan stated they would be in support of offering 10% to this business. It was agreed staff should proceed in structuring a proposal offering 10% of the income the company would generate as an incentive. Hohenstein also mentioned that background information was provided in regard to a couple of firms that are interested in trade and economic development financing. He added that findings will be brought forward from the Economic Development Commission when they are received. He also added that Part 1 of the application was submitted to meet the July 1 deadline in order to keep the opportunity open, but noted that neither the City nor the firms are obligated. WAYINigg Councilmember Hunter moved, Councilmember Awada seconded a motion to set a special work session for July 31, 1996 at 5:00 p.m. to consider the Joint Powers Agreement with Inver Grove Heights. Aye: 5 Nay: 0 • Councilmember Wachter moved, Councilmember Masin seconded a motion to approve the purchase of the Richard Holz property for$120,000 with the understanding that the item will be returned to the APRNRC for the purpose of locating the driveway access and parking lot and that 40 direction be given to the resale of the house by subdividing the property. Aye: 5 Nay: 0 Councilmember Hunter added, that in his opinion, the goal should be to minimize the expense and not maximize the view. Councilmember Masin requested information regarding the number of people who voted in the last referendum election and the estimated cost of the election. Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register dated June 13, 1996 in the amount of$1,851,246.50. Aye: 5 Nay: 0 The meeting adjourned at 10:05 p.m. e 18 1996 $ LK June -�► .. •�.,.r... :.:, 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). EAGAN CITY COUNCIL MEETING MINUTES;JUNE 18, 1996 PAGE 14 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. •