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11/04/1996 - City Council Regular 00380 • MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota November 4, 1996 A regular meeting of the Eagan City Council was held on Monday, November 4, 1996 at 6:30 p.m. at the Eagan Municipal Center. Present were Councilmembers Wachter, Awada, Masin and Hunter. Also present were City Administrator Tom Hedges, Senior Planner Lisa Freese, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. Mayor Egan arrived at 7:25 p.m. Acting Mayor Hunter stated that Mayor Egan would be arriving later in the meeting due to the fact that his father-in-law, Leonard Garrity, had passed away. He extended the Council's thoughts and prayers to the Mayor. He also said that Mr. Garrity had been a long-time Eagan resident and had attended school at Wescott Elementary where the bell in the Council Chambers had originated from. The bell was rang in Mr. Garrity's memory. egfigA City Administrator Hedges noted that there would be an executive session following the Council meeting. Councilmember Wachter moved, Councilmember Masin seconded a motion to adopt the agenda as presented. Aye: 4 Nay: 0 j • Councilmember Masin noted a typographical correction to page 11, the first paragraph under Old Business, Mr. Smitty should be changed to Mr. Smith. She also noted a typographical correction to page 13, the fourth paragraph under Round Table, Mr. Clober should be changed to Mr. Klober. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the minutes as amended. Aye: 4 Nay: 0 ►'::';' / :' 7"/ 4:/0,,,i2 Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the minutes as presented. Aye: 4 Nay: 0 REQUEST BY TONY LANCETTE FOR CLARIFICATION OF PUBLIC NUISANCE, CHAPTER 10 CITY CODE (HABITUAL DOG BARKING) City Administrator Hedges gave an overview on this item. Tony Lancette, 1720 Crestridge Lane, addressed the Council and provided extensive background information relating to an incident involving his dog. He distributed copies of the existing ordinance. He stated the term habitual in the Code is vague. He requested the City Council provide clarification to the City Code and change it to include more specific language instead of using the term habitual. Councilmember Awada said that the Council would take the issue under advisement and discuss it with the City Attorney. Acting Mayor Hunter stated that there are a number of ordinances that are somewhat vague and he added that the Council would have to meet with both the City Attorney and the Animal Control Officer to review the ordinance. EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 4, 1996 00 381 • PAGE 2 In regard to Item C, City of St. Paul Settlement Agreement - Metals Reduction Company. Inc., contaminated site cleanup, Councilmember Wachter questioned the cost associated with this and also stated he was concerned about protecting the City from this happening again in the future. City Administrator Hedges said that the cost to the City was about$1,000 for settlement and added that he was not aware of any other issues where there has been a case such as this one, but said an incident like this could conceivably happen again. In regard to Item J, Contract 95-10. Approve final payment/authorize City maintenance (Mallard Park 3rd), Councilmember Masin asked about the two-year warranty from the time the road is approved. She stated that given the fact a road is supposed to last for twenty-five years, a two-year warranty does not seem sufficient. She asked if there was any way to obtain a longer warranty for roads. Director of Public Works Colbert stated that the warranty could be stipulated for any length, but there are certain standards in the industry. He added that, historically, the standard for most communities for public improvements is a one-year warranty. He further added that the City of Eagan has stretched that warranty to two years. He said that when warranties are stretched beyond two years, premiums are included in bid unit prices to protect contractors against unknown situations. He also said there are stipulations in the statute that allow a longer period of time, up to the statute of limitations, for defects that have been identified in material and workmanship that go beyond the length of the warranty. He noted that the during the two-year period a warranty bond is required. City Attorney Sheldon added that the length of time the statutes allows for defects varies from 2 to 10 years. • In regard to Item U, Resignation from Advisory Planning Commission. Councilmember Masin thought that it would be appropriate to accept the resignation from the APC, as well as the resignation from the Advisory Parks, Recreation, and Natural Resources Commission (Item V), but make the effective date of resignation December 31, 1996. She suggested allowing the members who have resigned to attend the commission meetings through the end of December, if they have the time to be involved. Councilmembers concurred with Councilmember Masin's suggestion. City Administrator Hedges asked if the Council wanted their resignations to be effective at the end of the year or extended until their positions have been appointed in January. Councilmembers agreed that it would be appropriate to have the resignation effective when the positions have been filled. A. Personnel Items Item 1. It was recommended to approve the hiring of Franklin Martin as a temporary Building Inspector. Item 2. It was recommended to approve the hiring of Rebecca Flannery, Quentin Mitchell and Bridget Hunnel as part-time seasonal Concession Workers, Fran Dropkin and Matthew Laird as part-time seasonal Skate Guards, Colin Kerslake as part-time seasonal supervisor, and Aaron Hunter and Eric Amann as a part-time seasonal Custodial Workers for the Civic Arena. B. Continuing Disclosure Agreement - Springsted. It was recommended to approve an agreement with Springsted to provide continuing disclosure services to the City of Eagan. C. City of St. Paul Settlement Agreement - Metals Reduction Company. Inc.. contaminated site cleanup. It was recommended to approve a confidential settlement agreement with the City of St. Paul. • D. Resolution to issue and sell $6.115.000 General Obligation Improvement Bonds. Series 1996A. 96.100 $350.000 General Obligation Equipment Certificates of Indebtedness. Series 1996B.and$995.000 General • EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 4, 1996 • PAGE 3 Obligation State Aid Road Refunding Bonds. Series 1996C. It was recommended to approve a resolution to issue and sell $6,115,000 General Obligation Improvement Bonds, Series 1996A, $350,000 General Obligation Equipment Certificates of Indebtedness, Series 1996B, and $995,000 General Obligation State Aid Road Refunding Bonds, Series 1996C. E. Extension Preliminary Subdivision. Preliminary and Final Planned Development for Safari at Eagan 3rd Addition. It was recommended to approve a six month extension that the developer requested (until April 17, 1997) for the Preliminary Subdivision and Preliminary Planned and Final Planned Development for Safari at Eagan 3rd Addition. F. Correction of minutes for EZ Air Conditional Use Permit approved October 1. 1996. It was recommended to re-approve the City Council minutes of October 1, 1996, to include two conditions which did not appear in the copy of the minutes originally ratified on October 15, 1996. 96.101 G. Duplex Lot Split. Thomas Anderson for Lot 2. Block 1.Wescott Hills 5th Addition. It was recommended to approve a Waiver of Subdivision to allow a duplex lot split for Lot 2, Block 1, Wescott Hills 5th Addition subject to the following two conditions: 1) This waiver of Subdivision for Lot 2, Block 1, Wescott Hills 5th addition shall be recorded with the Dakota County Recorder's Office within 60 days of City Council approval. 2) If a combined driveway access off Wescott Trail is created, the applicant shall provide a joint driveway easement agreement to be reviewed and approved by the City Attorney, and recorded with the Dakota County Recorder's Office with the Waiver of Subdivision. H. Resolution. RiverPark Office Center regarding Kennebec Drive extension. It was recommended to 96.102 • adopt a resolution regarding the impact of the elimination of Kennebec Drive on the EAW decision for RiverPark Office Center located west of Highway 13 and south of Yankee Doodle Road. I. Contract 97-01. Authorize consultant services (Cliff Rd. Reservoir- disposal). It was recommended to authorize the preparation of detailed plans and specifications by KLM Engineering, Inc., for Contract 97-01 (Cliff Road Reservoir- Disposal). J. Contract 95-10. Approve final payment/authorize City maintenance (Mallard Park 3rd). It was recommended to approve the 3rd and final payment for Contract 95-10 (Mallard Park 3rd Addition - Street Rehabilitation)to Valley Paving for$56,541.60 and authorize acceptance for perpetual maintenance subject to warranty provisions. K. Contract 96-11. Approve change order #2 (Yankee Doodle/35E). It was recommended to approve Change Order#2 to Contract 96-11 (Yankee Doodle Road/35E) and authorize the Mayor and City Clerk to execute all related documents. L. Contract 96-P. Acknowledge completion/authorize City maintenance (Eagan Woods Office Park 2nd). It was recommended to acknowledge completion of Contract 96-P(Eagan Woods Office Park 2nd Addition - Storm Sewer) and authorize perpetual City maintenance subject to warranty provisions. M. Contract 94-X. Acknowledge completion/authorize City maintenance (Whispering Woods 10th Add.). It was recommended to acknowledge completion of Contract 94-X (Whispering Woods 10th Addition - Streets & Utilities) and authorize perpetual City maintenance subject to warranty provisions. N. Contract 95-D. Acknowledge completion/authorize City maintenance (Cedar Heights Add.). It was recommended to acknowledge completion of Contract 95-D (Cedar Heights Addition - Streets & Utilities) • and authorize perpetual City maintenance subject to warranty provisions. 003143 EAGAN CITY COUNCIL MEETING MINUTES;NOVEMBER 4, 1996 • PAGE 4 O. Contract 94-I. Acknowledge completion/authorize City maintenance (Lexington Pointe 11th Add.). It was recommended to acknowledge completion of Contract 94-I (Lexington Pointe 11th Addition - Streets & Utilities) and authorize perpetual City maintenance subject to warranty provisions. P. Schedule Special City Council meetings for November 19. 21 & 25 at 5:00 p.m. It was recommended to schedule special City Council meetings for November 19, 21, and 25, at 5:00 p.m. Q. Adopting Stipulation of Settlement - Prospector's Properties. It was recommended to approve a 96.103 resolution of the City of Eagan adopting Stipulation of Settlement resolving an assessment appeal by Prospector's Properties, a General Partnership. R. Construction/Demolition Debris Licenses for Action Disposal System. Inc.. Materials Recovery Ltd., Dick's Sanitation and Aagard Sanitation, It was recommended to approve construction/demolition debris licenses for Action Disposal System, Inc., Materials Recovery Ltd., Dick's Sanitation and Aagard Sanitation, as presented. S. Tobacco Sales License. Tobacco Warehouse at 2149 Cliff Rd. It was recommended to approve a tobacco sales license for the Tobacco Warehouse at 2149 Cliff Road as presented. (Councilmember Wachter voted against this item.) T. Massage Therapist. Mark Rhein. Care Chiropractic. 3390 Coachman. It was recommended to approve a massage therapist license for Mark Rhein to perform therapeutic massage at the Care Chiropractic Clinic at 3390 Coachman Road, as presented. • U. Resignation from Advisory Planning Commission. It was recommended to accept the resignation of Dee Richards from the City's Advisory Planning Commission effective at the time of new appointments in January, 1997. V. Resignation from Advisory Parks. Recreation. and Natural Resources Commission. It was recommended to accept the resignation of Stephen Thompson from the Advisory Parks, Recreation and Natural Resources Commission effective at the time of new appointments in January, 1997. W. Final Subdivision. Apollo Subdivision - R.L. Johnson Company. It was recommended to approve a 96.104 Final Subdivision for the Apollo Subdivision located south of the Apollo Road/Lunar Lane intersection. X. Approve bids for pumper telesquirt/Fire Department. It was recommended to award the bid for the 65 foot pumper/telesquirt to General Safety for the demo vehicle with trade-in bid for the price of$380,460. Y. Contract 96-01. Approve change order #1 (Eagandale Corporate Center). It was recommended to approve Change Order #1 to Contract 96-01 (Eagandale Corporate Center Addition) and authorize the Mayor and City Clerk to execute all related documents. Z. Contract 95-M. Acknowledge completion/authorize City maintenance (Mallard Park 4th), It was recommended to acknowledge completion of Contract 95-M (Mallard Park 4th Addition -Streets& Utilities) and authorize perpetual City maintenance subject to warranty provisions. Councilmember Wachter moved, Councilmember Masin seconded a motion to approve the consent agenda. Aye: 4 Nay: 0 410 EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 4, 1996 • PAGE 5 96.105 MULTI-FAMILY HOUSING MORTGAGE REVENUE BONDS (ROYAL OAK CIRCLE PROJECT) SERIES 1986 City Administrator Hedges gave an overview on this item. Acting Mayor Hunter opened the public hearing to anyone wishing to speak. There being no one wishing to speak, he turned the discussion back to the Council. He then referenced a letter from Faegre & Benson which stated that the proposed amendments would decrease the risk to the City. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the resolution ratifying and confirming the October 15, 1996 Resolution No. 96-91 extending the maturity date of the Bond and making other changes to the Bond. Aye: 4 Nay: 0 CERTIFICATION OF DELINQUENT UTILITIES City Administrator Hedges gave an overview on this item. Acting Mayor Hunter noted that the average amount per delinquent account on the list is approximately $200 and will be spread over a one- year period. He then opened the public hearing to anyone wishing to speak. There being no one wishing to speak, he turned the discussion back to the Council. Councilmember Awada moved,Councilmember Wachter seconded a motion to approve certification of delinquent utility accounts to Dakota County for collection with property taxes. Aye: 4 Nay: 0 PROJECT 636R, FINAL ASSESSMENT HEARING (POPPLER LANE - STREETS) City Administrator Hedges gave an overview on this item. He said that the public hearing notice was not sent out within the proper timeframe and he apologized to the property owners who were affected. He also said the public hearing would be held on November 19 and that all parties have been notified by letter of the necessity to reschedule the hearing. Acting Mayor Hunter asked if there was anyone wishing to speak. There being no one wishing to speak, he turned the discussion back to the Council. Director of Public Works Colbert noted that the public hearing is being rescheduled and not being continued. Councilmember Awada moved, Acting Mayor Hunter seconded a motion to reschedule the final assessment hearing to November 19, 1996. Aye: 4 Nay: 0!! AMENDMENT, CITY CODE CHAPTER 7.05, REMOVAL OF SNOW AND ICE FROM DESIGNATED SIDEWALKS BY ADJACENT PROPERTY OWNERS City Administrator Hedges gave an overview on this item. City Attorney Sheldon stated that the ordinance that was drafted is somewhat different than what was directed by the Council for two reasons. He noted that it is difficult to measure the distance from schools with respect to which homeowners are responsible for removal of snow. He said that, in order to avoid any confusion, a map would be used to identify specific property owners who would be responsible for the removal of snow adjacent to their parcels and they would be notified of their obligation. He further said that the second issue related to what • constitutes two inches of accumulation. He added that this standard would be difficult to interpret and monitor. He further added that the ordinance was modified to include the removal of snow would have to (x(15 EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 4, 1996 • PAGE 6 occur within 24 hours of deposit and if not done within that timeframe, the City would notice the property owner to clear the snow. He said that if the snow is not removed within 12 hours after that, the City would have the ability to clear the trail and charge the property owners. Acting Mayor Hunter asked if the direction to remove any snow at all is typical of other communities' requirements or if it varies. Sheldon stated it varies greatly. Acting Mayor Hunter noted a number of issues in regard to this ordinance still need to be determined. Tony Lancette, 1720 Crestridge Lane, addressed the Council and asked what would happen if it snowed while the property owner was away from home and he asked if the 24 hour time period begins from the time the snow starts to fall or from the time the snow ends. Hedges said that the purpose of the program is to provide safe walking to schools from residential areas during the winter and it would be the responsibility of the homeowner to make arrangements with someone else to remove the snow. He added that the Council has requested staff work with the neighborhoods during this pilot program. Acting Mayor Hunter turned the meeting back to Mayor Egan who arrived at 7:25 p.m. Director of Public Works Colbert stated the 24 hour time period begins once the snowfall has ended. Hedges added that the Administration Department will be handling the program aspects and will explain the Council's policy to the public and the Public Works Department will handle issues relating to snow removal. Councilmember Wachter said he was not in favor of the removal of ice being included in the ordinance and further said the Council has not discussed that issue yet. He reminded the Council and the public that the study, that was conducted by the Wallace Group regarding the removal of snow from trails by the City, indicated the public would not support the program if it resulted in increased tax dollars. He added this program is being conducted on a trail basis affecting only those trails close to the schools. He further • added that next year when the budget is established this will have an impact on it. He said he feels strongly that there will be problems when the snowplows plow salt laden snow onto the sidewalk, which will then be pushed on trees and shrubs. Councilmember Hunter stated that the residents affected by this ordinance need to be notified of the process so they can come forward with their concerns. He mentioned that the Council does not want to make this onerous on the people it will affect and, therefore, the ordinance should only apply to concrete sidewalks and not trails at this time. He added that people would generally be amenable to clearing concrete walks. Councilmember Awada concurred with Councilmember Hunter. She also agreed with Councilmember Wachter that the removal of ice should be taken out of the ordinance. She stated that the clearing of walkways should extend to the end of the street. Councilmember Masin asked why, if the trail serves as the means to get to another location, it would not be expected to be cleared. Councilmember Awada answered that it would be difficult for people to get to the back of their yards to clear the trailways. Councilmember Hunter asked if there were any rear lot sidewalks that would be affected by the ordinance or if the properties affected only had bituminous trails in the rear yards. Colbert indicated that a map was passed out earlier in the evening which identified a concrete sidewalk along the west side of Johnny Cake. He further indicated the map identified the lots with the rear yard adjacent to sidewalks. He added that from Oak Ridge Elementary School there is an 8 foot bituminous trail along the east side of Johnny Cake and on the west side there is a concrete sidewalk. He further added that the School District indicates their walking limits are to the south to Mallard Drive only, on both sides of the road, which would incorporate the townhouses south of Woodgate Lane for snow removal on sidewalks. He went on to discuss the difficulty in determining the front yards, side yards and rear yards of the townhouses along Johnny Cake and residences near Thomas Lake School. He also raised the issue of who is responsible for removing snow from sidewalks adjacent to outlots. Councilmember Awada asked about the gaps on the outlots and who would remove the snow. Colbert said that it would depend on what is decided in regard to sidelots and rearlots. He further said it would be difficult for a contractor to plow part of the sidewalk, skip a section, plow another section, and so on. He added it would be important to have some 0(0: G EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 4, 1996 • PAGE 7 sense of continuity for efficiency. Councilmember Hunter said he feels requiring property owners to remove snow from the side yard and, especially the rear yard, are onerous to them and believes it would be hard to get full cooperation. He noted that nearly half of the parcels along Johnny Cake that would be affected by the ordinance fit into the category of having side yard or rear yard sidewalks. He further noted that the ordinance should either require every property owner to remove the snow along the sidewalk, since it does not make any sense to have a contractor clear part of it, or the City should clear all the sidewalks. He stated he feels the City should clear all the sidewalks during the pilot program and evaluate it next year. Councilmember Awada noted that there are two specific areas which have mainly side yard or rear yard sidewalks while other areas have mainly front yard sidewalks and that, by distinguishing between the areas, the ordinance could be applied to certain areas. She said a good argument could be made for residents not clearing rear yard sidewalks. Councilmember Wachter said the sidewalks should be cleared from point A to point B regardless of whether there are side or rear yard sidewalks. He said rather than distinguish between the location of the sidewalks, they should all be cleared close to the school by a contractor. Colbert stated it would be helpful to determine what areas the Council would want the ordinance to cover and the other areas would be taken care of by a contractor. Councilmember Masin said that when this issue was discussed originally, the property owners were to be responsible for clearing the sidewalks from the beginning of the program. Councilmember Wachter stated he was trying to simplify the areas to be plowed by a contractor vs. the areas to be cleared by property owners. Mayor Egan said that this is a pilot program and that it should be kept simple. Councilmember Awada stated she felt Hawthorne Woods and Denmark, which have mainly front yard sidewalks, should be cleared by the homeowners and the area by Oakridge and Thomas Lake, which have mainly rear or side yard sidewalks, should be cleared by the City. She added the quadhomes do not fall into either category. Hedges asked if the quadhomes should be cleared by City staff. Councilmembers agreed to include those homes with what is being done in the immediate area. Councilmember Awada said the four additional properties along Denmark to Deerwood should be cleared by the homeowners. Councilmember Awada moved, Councilmember Hunter seconded a motion to continue this item to the November 19, 1996 City Council meeting for consideration with the noted modifications. Aye: 5 Nay: 0 Councilmember Wachter stated he was voting in favor of this item, but that this program is a pilot program and will be in place for one year. REQUEST BY GREG AND MARILYN ROUNDS TO DISCUSS UTILITY HOOK UP FOR PROPERTY LOCATED AT 3160 PILOT KNOB ROAD City Administrator Hedges gave an overview on this item. Marilyn Rounds, 3160 Pilot Knob Road, addressed the City Council and stated they are requesting a waiver to put in a one inch water line from Jurdy Court between Lots 19 and 20. She stated they have permission from both of the homeowners to pierce in a one inch line. She added they have worked with the Engineering Department and had initially been told it would be okay to pierce the line in, but when they found out the line serviced two other homes and was not a four inch main, they wanted them to dig a trench. She further added that this land is uncompacted and, if a trench is dug, there would be the possibility that the sewer line could collapse. She • stated that they have received bids from $12,000 to $40,000 to put the water line in. She mentioned that when they first got their building permit they were supposed to get their water from Pilot Knob Road. She f()R7 EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 4, 1996 • PAGE 8 said they received a bid of$6,000 to put in the sewer and water from the existing main (in the rear yard) to the property. She went on to say they were told they would need a waiver in order to do this. She noted that in order to get the water to their property she had to sign a an agreement stating it could take up to six months to get the water because the land between Lots 19 and 20 might need to be condemned for an easement. She added that the agreement states they would have to pay to condemn the land and also two-thirds of the cost to put the new watermain in. She went on to discuss the existing easements on Lots 19 and 20. Director of Public Works Colbert stated that the one inch service that comes between Lots 19 and 20 splits off and serves two different properties, one of which is owned by the Rounds. He noted that the existing situation does not meet Code and would not, in many cases, meet the requirements for financing by banks. He stated the Rounds had originally requested to tap the new lot into the same one inch watermain. He added there is physically not enough capacity in the line to accommodate three property owners. He further added that the Rounds are now requesting to run a separate water service out to Jurdy Court. He mentioned they are within what would be a public utility easement for a public sanitary sewer and there will then be two private water service lines, one of which services two parcels and the second one would service this new parcel. He said the staff has suggested the City correct the situation by installing a City watermain from Jurdy Court back to the property line and at that point, come off with three individual water services. He further said that at the same time the City is installing the water lateral, it would be appropriate to construct the sewer service connection, since the equipment would already be there to handle the extra depth. He noted that staffs recommendation would allow each of the three property owners to have their own individual sewer and water services. He said the alternative would be to have several private water services within a City easement, next to or on top of the City's sanitary sewer • line, one of which is substandard and services the present two lots. He mentioned that staff is uncertain to what extent the Rounds would be able to obtain financing once the current water service situation is discovered. He noted that originally, when the lot split came through, it was proposed to have the water service come off of Pilot Knob Road and the sewer service from the backyard, which would have met all the requirements. Councilmember Awada asked why the Rounds have a problem with upgrading the existing water line. Mrs. Rounds stated that it would be more economical to put in a separate water line from Jurdy Court. Colbert indicated the Rounds are requesting to put in a separate one inch water service from Jurdy Court either over or adjacent to the other private water service. He added that would not solve the problem they have with their current house. Councilmember Awada asked if the City could require them to fix the current house when that is a separate issue. Colbert indicated that staff offered to extend the City watermain and then spread the cost as an assessment to help minimize the financial burden. Councilmember Awada asked what the City could legally require the Rounds to do in regard to correcting the current situation. City Attorney Sheldon stated he was unsure if the Rounds had obtained a permit to connect to the water on their existing house. Mrs. Rounds said that when they moved into their house in 1989, City water was already connected to their house. Colbert indicated he was unsure how the water service was installed with the shut off for the Rounds to connect to it in 1989. He added there were two water shutoffs and it was probably thought there were two individual water services. He further added there was no knowledge they shared a common line. Mayor Egan stated the two issues before the Council are separate issues. Sheldon also stated they are two separate issues. Mayor Egan asked what the relative cost is compared with what the Rounds are proposing and staffs recommendation. Colbert indicated the City has not gone out for bids because of the dynamics of the situation. Mrs. Rounds stated the cost they were quoted was $12,000 to bring the City line back to their property. She added that because this is uncompacted ground, there is the possibility that the sewer could break and would need to be replaced. She said it would cost approximately $6,500 to bring in an additional line. Councilmember Wachter stated that what the Rounds are proposing will impact all three lots and, • EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 4, 1996 003NS 111 PAGE 9 someday when any of the three lots are sold, it may affect the potential financing and also the fact that the problem would then need to be corrected. He added that a one inch pipe is too small to service two homes. Colbert stated the correct way to solve the problem would be to involve all the property owners, investigate cost estimates and propose financing options. Mayor Egan noted that these are totally separate issues, but stated it would be in the Rounds' best interest to have this issue resolved all at once and would probably help them with financing of their new home and would also benefit them with better utility service. Mrs. Rounds stated that all financing has been taken care of. Mayor Egan said it could affect future financing for the Rounds, as well as the neighboring property owners. Councilmember Awada reiterated that these are two separate issues and the Council could not force the Rounds to comply with the Code based on their request. Colbert stated the other issue relating to the Rounds' request is that before they can proceed with obtaining individual water service to Jurdy Court,the Rounds would need permission from the adjacent property owners. Mrs. Rounds stated she had written permission from them. Colbert said the water service is a condition of the waiver of plat that was already approved. Councilmember Wachter said it does not seem proper to dig the ditch next to the other one when a larger line could be put in to satisfy all three property owners and they would then have adequate service. Mrs. Rounds stated they do not want to dig another ditch, but rather they want to pierce the line underground. Councilmember Hunter added that the condition of the waiver of plat is that the Rounds connect to Pilot Knob Road and the Council has the right to enforce that condition. He agreed with Councilmember Wachter that the problem should be corrected to affect all three property owners and the cost should be spread to each of them. Mayor Egan recalled Mr. Rounds appearing before the Council and felt he should have understood the intent of the condition of the waiver of plat. Mrs. Rounds noted that they were told if they could prove there was water in the back of their lot they could connect. Colbert indicated there is • no water there for them to connect to since it is a private service line. Councilmember Masin asked who bears the responsibility for what happened originally in regard to two property owners being serviced by a one-inch main. Councilmember Wachter stated they have no idea of who did it and it may have been the builders of the two lots at that time. He added that the water line should be a four-inch cast iron pipe and service the three lots. Councilmember Hunter clarified that would apply only if the property owner proposes that or else they could get service from Pilot Knob Road. Mayor Egan noted that they have signed an agreement. Colbert said staff does not understand why there is resistance to connect to Pilot Knob Road since the distance is shorter by one-third compared to the distance to Jurdy Court. He was not sure why the cost difference on the Rounds' estimate would be so high. Mayor Egan noted that this will be financially challenging and said staff should work with the Rounds to come up with the most cost- effective way of obtaining water service for them. City Administrator Hedges acknowledged the duress Mrs. Rounds has been under due to her husband's illness. He also commended staff for the many hours spent in trying to find a solution to the problem. He asked if Mrs. Rounds requests that the Engineering Department go ahead with the plan recommended by Director of Public Works Colbert would the waiver of plat need to be amended or should staff be allowed to proceed. Colbert stated it would be helpful if the Council indicated whether they would be receptive to amending condition no. 3 to allow a connection from the rear if it were updated to City standards. Councilmember Wachter said that would be acceptable to him. Councilmember Wachter moved, Councilmember Awada seconded a motion to reaffirm the conditions approved with the 1993 Waiver of Plat allowing the backyard plan, if upgraded to City standards, as an amendment to Condition No. 3 of the Waiver of Plat. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT, SCENIC ENTERPRISES, INC. • City Administrator Hedges gave an overview on this item. Senior Planner Freese gave a staff report. Mayor Egan commended the detail of the staff report and also the detail provided by Senior Planner EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 4, 1996 PAGE 10 Freese in her presentation. Councilmember Wachter asked if this was the same report that was given to the Advisory Planning Commission and the Advisory Parks, Recreation, and Natural Resources Commission. Freese indicated it was the same report and there were only some very minor changes in the plans after the preparation of the planning report. Mayor Egan noted the reason for this item being delayed was to allow the task force to meet. Tony Gleekel, representing Scenic Enterprises, Inc., addressed the Council and stated they were concerned that the designation of the Central Area had major office in it which would limit the flexibility of their proposal. John Voss, planning consultant representing Scenic Enterprises, Inc., addressed the Council and discussed the layout of the site. He stated the left central portion of the site is the major area to be developed. He noted the problems that would be associated with a major office development which included an easement running across the property, substantial setbacks that would be required adjacent to residential property, and also retaining the driveway that extends through the property. He added that the select properties in the area have already been developed and it would not be practical to develop the remaining property as major office. He further added that this is a large infill development area. He said there does not seem to be any market or potential for a major office use. He discussed the Comprehensive Plan, the ring road and residential density. He noted that the study has not provided them with much direction for this property and he inquired if there could be more focus on the other portions of the central area, as well as this property. He discussed the proposed housing development. He said the use being proposed will generate less traffic as opposed to having major office located on the site. He stated they will be flexible and work with staff on their proposal. Jeff Shea, representing Northwest Airlines, addressed the Council and stated they do not support the request by Scenic Enterprises because they feel their proposal would not fit within the office park. He further stated they believe this would create a high burden on the infrastructure and the traffic patterns would interfere with the ingress and egress of the corporate offices. He added that their operation is very sensitive and security would need to be increased if the zoning were changed to include residential. He further added that this site is one of the last areas that could be developed for corporate use and, even though the market may not support it right now, he urged the Council to look to the future. Mayor Egan noted that letters were also received from Tom Lindquist of Lockheed Martin and from Judy Cognetta of Unisys stating their positions. He said the Council believes there is an opportunity for corporate office space in the City and losing this site would be a substantial loss. He added that John Voss had pointed out some barriers to developing a major office complex on this site. He further added that there has not been enough time devoted toward the study of this site as compared to the Promenade site. Senior Planner Freese indicated the central area plan was primarily focused on the Promenade and the area east of 35-E. She said that during the discussions with the Central Area Task Force and the Planning Commission they tried to develop some overriding parameters for the development of the entire area that was designated as central area. She further said that a study was not conducted on each individual quadrant regarding alternative types of land use or development schemes. She discussed the easement area and said the entire area of property has to be looked at for potential development. She added that staff has not conducted a detailed site analysis for this property. She further added that the site constraints identified would affect both office development and also residential development. Mayor Egan stated that this property has been marketed for sale for some time by prior owners. He further stated that this site has not been a hot prospect in terms of any sort of a general office building complex. He noted the market has been going through some changes and he added he is willing to gently • guide the market in this area, but he does not want to dictate the market. Freese indicated that there was a market slump a few years ago in regard to office development in the area. She added there has been Oc:;90 EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 4, 1996 • PAGE 11 a turn-around in recent years. She further added the market suggests the trend of building multi-story speculative office buildings will not be revisited, but rather smaller office buildings will be constructed. She stated that the constraints could be worked around if smaller buildings are placed on this site and she added that a single large office user might face some site difficulties. Mayor Egan noted that space in the Waters Office Park is much more available than this site and there may also be some land available on the West Publishing campus. He asked if a corporate office building ranging from 100,000 to 300,000 square feet could be constructed on this site. Director of Public Works Colbert stated he believed there would be opportunities to construct several multi-story office buildings within that range on the site. He added the site does have constraints, but he said the building footprint would accommodate such a facility. City Administrator Hedges stated that, in regard to the Apothocary development considered several years ago, the easement was an obstacle in the planning of the site, but it could have been worked around. He further stated the issue with Apothocary was financing rather than a problem with the site. Councilmember Masin stated she liked the concept being proposed by Scenic, particularly the assisted living component, but she felt the City should reserve the site for office space. She said that section of the City is overburdened with multiple housing units. Mayor Egan stated that this site is in Section 9, which in years past was synonymous with dense residential. Councilmember Wachter asked how long the O'Neil property had been for sale. Mayor Egan said it had been for sale for approximately 25 to 30 years. Councilmember Wachter stated there is a shopping center there now and it is a good fit with the central plan. He stated the land Scenic is proposing to develop was recently sold and purchased and that has only occurred within a short period of time. He said the Council should not jump to any conclusions and reverse the plan. He further said the APC, the APRNRC and the task force all came to the same conclusion that this is a viable location for what it was originally zoned for. He noted the intersection of 35-E is going to • be improved and widened and will create a viable situation for office use for the site. Councilmember Awada said more D-II zoning is not needed in the City, especially in this quadrant. Councilmember Hunter stated that office space goes hand-in-hand with upscale retail space. He noted this parcel may have been for sale for a long time, but it has not been for sale at all since the northeast quadrant has been developed. He thanked the developer for the flexible plan they came back with, but stated the residential component had not been narrowed down enough. He said the study that was conducted states the central park is not big enough and would need an additional nine or more acres. He went on to say the corporate neighbors are opposed to this development. He added that he thinks the major office component will rise in demand because of the close proximity of shopping opportunities. He further added that John Voss should be given a response and the City should provide more definitive direction for the northwest quadrant. He suggested a subgroup of the Visioning Task Force should review the quadrant and provide some direction as to how major office could fit into the area. Mayor Egan noted that the Eagan Rotary Club has been looking for a suitable location for an amphitheater in the City and he stated they would not be inclined to put it in a central park if the park was located in an area surrounded by residents. Hedges stated that a committee of Rotary liked the 80-acre site in question, but they were concerned about productions being held during the summer and creating problems with noise and activity located near residential areas. He said they felt their uses would be better suited in a commercial area. Councilmember Awada moved, Councilmember Wachter seconded a motion to deny a Comprehensive Guide Plan Amendment to change the Central Area Land Use Plan from CA Central Area (major office) to CA Central Area (mixed residential, commercial and park) on approximately 80 acres located north of Yankee Doodle Road, west of Pilot Knob Road in the SE 1/4 of Section 9 for all the reasons cited in the Advisory Planning Commission report and cited at the Council meeting. Aye: 5 Nay: • 0 OC 391 EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 4, 1996 • PAGE 12 PLANNED DEVELOPMENT AMENDMENT, OPUS NORTHWEST, L.L.C. City Administrator gave an overview on this item. Senior Planner Freese gave a staff report. Jay Scott, representing Opus, was present to answer any questions. Mayor Egan asked if there were any objections by other tenants. Mr. Scott stated they have not received any objections. He said the store front will have a creative and high quality image. Councilmember Hunter stated one of the major concepts of a Planned Development is the uniformity and conformity of all of the amenities and architecture. He further stated he has talked with many people during the last couple of months who are opposed to and in favor the Promenade and one of the common themes is that they all understand the importance of having unified architecture. He said he is opposed to this and if this is allowed for one tenant it would have to be done for others. He added the last thing he wants to see is large store fronts with different types of architecture. Councilmember Masin asked why they are requesting lettering which deviates from the standards. Mr. Scott noted that all of the materials and the look itself are consistent with what has been done with the rest of the center. He said the facade area is expensive, has a quality look and will add character and that there should be some uniqueness to the center. Councilmember Awada stated she agreed with the applicant that everything should not be the same and this proposal adds character while not hurting quality. Councilmember Wachter agreed with Councilmember Awada. Mr.Scott stated that the lighting is consistent with the other store fronts. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve an Amendment to the Eagan Promenade Preliminary Planned Development for Lot 8, Block 2, Eagan Promenade (Phase 2, in-line center) to allow a change in the storefront materials and signage subject to the following conditions: • 1. All rooftop mechanical equipment shall be screened from view. 2. The Building Elevations drawing shall be revised to include a specification for the proposed awnings. Aye: 4 Nay: 1 (Councilmember Hunter opposed) PLANNED DEVELOPMENT AMENDMENT & PRELIMINARY SUBDIVISION CSM CORPORATION City Administrator Hedges gave an overview on this item. Senior Planner Freese gave a staff report. Steve Dubbs, representing CSM Corporation, was present to answer any questions. Councilmember Hunter said the failure of Cracker Barrel sensitized him to the importance of the visibility of signs. He further said he was willing to look at increasing the height of the sign to make it more visible, but he did not agree with the request to have two separate signs. Councilmembers concurred. Freese stated that if the 125 square foot maximum for signage is maintained, the 35 foot height would be adequate. She further stated if the sign location is moved further to the north of the original location, it would be better and have less impact on the residential neighborhood. Mr. Dubbs discussed their proposed plan and stated the height of 35 feet is acceptable for the sign to be located approximately 25 feet north of the existing approved sign location, but they would like to propose having two signs combined on one pylon. Mayor Egan asked if the sign was moved 25 feet north how close would the sign be to the medical clinic sign. Freese indicated the distance would be approximately 280 feet. Mr. Dubbs stated the restaurant they are negotiating with was requesting individual pylon signs and if that was not possible they would relocate to another city. He added they do not want to have a sign that does not work. Mayor Egan stated the Council has tried to come up with a compatible EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 4, 1996 0C 9 • PAGE 13 way of having pylon signs in lieu of big billboard signs. Councilmember Wachter said that other restaurants have to accept having small signs and it would not be fair to allow this business to have a larger sign. Mayor Egan noted that the Council had approved the co-location for Greenmill and Holiday Inn Express. Freese indicated the signage was within the 125 foot requirement. Councilmember Awada mentioned that every business that builds along the freeway requests larger signage. She said that what is done for one business needs to be done for all businesses. She further said it would not be fair to approve the larger signage for this business and the 125 foot maximum for the signs should be adhered to. Councilmember Hunter asked if the applicant would like the Council to rule on what he had applied for or if he would prefer the Council approve one 35 foot sign up to 125 square feet. Mr. Dubbs stated he would prefer to work with staff and come to a resolution. He further stated he would like to have some signage in excess of 63 square feet for the restaurant sign to allow for visibility from the freeway. Councilmember Awada reiterated the importance of treating every business the same. Councilmember Hunter moved,Councilmember Awada seconded a motion to approve a Preliminary Subdivision (Duckwood Bluff Second Addition)to replat Lot 1, Block 1, Duckwood Bluff into two lots, subject to the conditions listed in the October 22, 1996, Advisory Planning Commission minutes as follows: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: B1, B2, B4, Cl, C2, D1, El, and H1. Easements/Rights of Way/Permits • 1. Cross easements for ingress and egress between Lots 1 and 2 shall be executed to ensure that internal circulation between the two lots its maintained. 2. The property shall be platted. Aye: 5 Nay: 0 Mayor Egan stated that the Council could accept the recommendation of the Planning Commission to deny the request for the pylon signs and Mr. Dubbs could continue to work with staff to reach a solution. He did not feel that voting to deny the request would preclude the applicant from coming back with another proposal in the foreseeable future. Councilmember Awada moved, Councilmember Wachter seconded a motion to deny a Planned Development Amendment to allow two 35 foot pylon signs. Councilmember Masin asked why it is so important for a restaurant to have its own sign as long as it is visible from the freeway. Mr. Dubbs stated the restaurant portion of the site has poor visibility from the freeway and they would like to have a freeway presence. Mr. Dubbs asked if it would be possible to continue this item. Mayor Egan said that he is grateful that the applicant has been working hard to bring in a restaurant, but the City has rules that must be followed. Councilmember Awada and Councilmember Wachter amended their earlier motion to continue this item to the December 4, 1996 City Council meeting. Aye: 5 Nay: 0 s of 393 EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 4, 1996 PAGE 14 CODE AMENDMENT, CHAPTER 2 ENTITLED "ISSUANCE OF CITATIONS" SUBDIVISION 2 SECTION 2.38 Councilmember Hunter moved, Councilmember Awada seconded a motion to approve an amendment to the Eagan City Code Chapter 2, "Administration & General Government" by amending Section 2.38, Subd. C, "Issuance of Citations". Aye: 5 Nay: 0 0I0,, ;4- 40,,,J;1 ri •li'e. Councilmember Wachter asked if the Council was going to recommend any changes to the legislative policies of the AMM. He noted that many of things being proposed depends on the financing. Councilmember Awada said that she has never supported the majority of the AMM's legislative policies. Councilmember Wachter discussed the fiscal disparities. He stated the City of Eagan should express themselves as to what they feel is conducive to the City. Mayor Egan added that the AMM is cooperative with Dakota County cities. He further added there has been very few changes to the program this year. City Administrator Hedges mentioned the Special City Council meetings that are scheduled for November 7 and 21. He said that there only needs to be a majority of the Council at the Special Council meeting on November 25 to approve the bond sales. He noted that 1,100 absentee ballots have been received through today. He commended Liz Witt, Gene VanOverbeke and all the other personnel who have worked hard on the election to date. He stated an absentee ballot location was set up in the Community Room at City Hall and has been very well received. • Councilmember Wachter said he talked to the president of Byerly's who said he enjoyed working with staff and the City of Eagan. He stated he had received a letter from Rick and Kris Johnson saying they are not in favor of another ice arena but a swimming pool would be a better addition to the City of Eagan. Mayor Egan said he had signed a letter to be sent to the Johnsons telling them the City would be looking at all the options. Councilmember Wachter gave Director of Public Works Colbert articles on light fixtures and an ice melter. He said that he would not be able to attend the Special City Council meeting on November 7 due to another conflict. Mayor Egan thanked everyone for the card and flowers that were sent to his father-in-law's funeral. Councilmember Masin stated that the Dakota County League of Governments will be meeting on November 13 at 7:00 p.m. at Lakeville City Hall. She said the meeting will be regarding taxes. She mentioned the "Cake and Candidates" event at Apples on Saturday. She also mentioned that she had attended the Minnesota Transit Conference last week. Councilmember Hunter told Mayor Egan that the bell was rang at the beginning of the Council meeting in honor of his father-in-law. W Councilmember Wachter had questions on page 1, 4, 10 and 19 of the bills. City Administrator Hedges stated he would get back to Councilmember Wachter with answers to his questions. Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register • dated November 1, 1996 in the amount of$2,424,965.61. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 4, 1996 00394 41 PAGE 15 The meeting adjourned at 10:25 p.m. MLK November 4, 1996 1 .. 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, sexual orientation, marital status or status with regard to public assistance. • • •