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
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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.
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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 �{
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• 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
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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.
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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
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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
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• 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.
•