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07/07/1998 - City Council RegularMINUTES OF A REGULAR MEETING OF THE 0(.236 EAGAN CITY COUNCIL Eagan, Minnesota July 7,1998 A regular meeting of the Eagan City Council was held on Tuesday, July 7, 1998 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin and Blomquist. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. AGENDA City Administrator Hedges noted that there would be an Executive Session following the regular City Council meeting to discuss litigation with Penn-Co Construction. He said that the following items could be added to the consent agenda: Contract 98-12, deletion of Rocky Lane street improvements and scheduling a Special City Council meeting for July 28 at 5:00 p.m. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OF THE JUNE 16,1998 REGULAR MEETING Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 MINUTES OF THE JUNE 2,1998 SPECIAL MEETING Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 DEPARTMENT HEAD BUSINESS COMMUNITY-WIDE TREE PLANTING PROGRAM City Administrator Hedges provided an overview on this item. He said that over 4,000 trees have been destroyed as a result of three major storms that have occurred in the City over the past two years. He stated that the City Council wants to engage in a tree planting program and would like a subcommittee to explore the specifics of the program in addition to what species should be made available for planting. He noted that the Council would like the first planting to occur this fall. He mentioned that funding for the trees would come from a number of parties. He noted that at the Special City Council meeting this evening the Council directed staff to proceed with development of a plan and activation of a subcommittee to review and refine the program. Councilmember Blomquist thanked Police Chief Geagan and the Police Department for their involvement with the Fourth of July fireworks display. She said it was unfortunate that it had been misstated in the newspaper that there was only going to be a ground works display. Councilmember Masin noted that the parade was a success and commented on the large number of non-Eagan residents who were there. She said it would be helpful to know how many people went to other cities to view fireworks because of what they read in the newspaper. Mayor Egan stated that the Pioneer Press reporter received some inaccurate information that led to a poor article which did not accurately describe the fireworks display. Mayor Egan mentioned that Mark Larson, reporter for the This Week Newspaper, has resigned from his position. He said that Mr. Larson will be missed. PEAGAN AGE 2 CITY COUNCIL MEETING MINUTES; JULY 7,1998 i3 CONSENT AGENDA In regard to Item B, Approve Joint Powers Agreement with Apple Valley and Rosemount to purchase TSI Portacount fire equipment, Councilmember Blomquist asked if this equipment will be computerized. City Administrator Hedges said he was unsure but was aware that the Fire Departments wanted state of the art equipment when they went out for bids. In regard to Item H, Contract 98-17, approve plans/authorize ad for bids (Country Home Heights - Street Imp.) and Item I, Project 732, receive final draft assessment roll/ order public hearing (Oak Pond Hills - Street & Utilities), Councilmember Blomquist inquired about the bids. Director of Public Works Colbert explained that the action being requested is to authorize an advertisement for bids rather than to receive bids and to schedule a formal public hearing for proposed final assessments. In regard to Item J, Award Contract 98-15, Stand-By Generator, Municipal Center Campus, Councilmember Blomquist asked where the generator will be located on the Municipal Campus and asked how much noise will be associated with the operation of the unit. She said that the City should have worked with nearby residents and stated that better communication needs to occur with them. Director of Parks and Recreation Vraa explained where the unit will be located and said that the generator is sound-encased and the noise factor will be between 35 and 40 decibels. Councilmember Blomquist indicated that she was going to vote no on this item because of the noise factor, the issue of screening and the affect on the nearby residents. She reiterated that within the next two weeks staff should work with the adjacent residents. In regard to Item L, Resolution - order AUAR (Grand Oak Business Park), Mayor Egan stated that Mrs. Sanford and the nearby residents would like to be noticed when this item is back on the City Council agenda. City Administrator Hedges said that staff will contact Mrs. Sanford as the neighborhood spokesperson. In regard to Item R, Contract 98-14, approve final payment/authorize City maintenance (Aquatic Facili clearing and grubbing), Councilmember Blomquist stated that she was concerned about the dollar amount but said she was now comfortable with the comparative analysis that was done. In regard to Item S, Approve Change Order No. 2, Southern Lakes (IGH) Trunk Utility Improvements, Mayor Egan questioned the percentage increase to the original contract amount. Director of Public Works Colbert explained how the increased amount will be funded. A. Personnel Items Item 1. It was recommended to accept the letter of resignation from Mike Barck, Building Inspector. Item 2. It was recommended to approve the hiring of Nathan Tennessean and Steven Lounsbury as patrol officers. Item 3. It was recommended to approve the hiring of Linda Dralle as a Clerical Technician III in the Community Development Department. Item 4. It was recommended to approve the hiring of Myla Nofsker as a temporary recycling intern. Item 5. It was recommended to approve the hiring of Chad Darnell as a temporary engineering intern. Item 6. It was recommended to approve the hiring of Marc Malinoff as a temporary public works intern EAGAN CITY COUNCIL MEETING MINUTES; JULY 7,1998 0('1238 PAGE 3 Item 7. It was recommended to approve the hiring of Timothy S. Cassidy as a temporary GIS intern. Item 8. It was recommended to approve the hiring of Ben Anderson, Jeff VanOverbeke, Coy Bothwell and Chris Tebow as seasonal street maintenance workers. Item 9. It was recommended to approve the hiring of Gregg McElroy, Pat Scanlon and Jake VanPutten as seasonal park maintenance workers. Item 10. It was recommended to approve the hiring of Matthew Adams as a part-time seasonal supervisor in the civic arena. Item 11. It was recommended to approve the hiring of Gretchen Kirpach and Crystal Stichter as seasonal skating school coaches. Item 12. It was recommended to approve the hiring of Amanda Helebrandt as a seasonal skating pro. Item 13. It was recommended to approve the hiring of Heather Kurata as a seasonal skating assistant. Item 14. It was recommended to approve the hiring of Keven McCalister as a seasonal park/forestry research assistant. Item 15. It was recommended to approve the hiring of Kathryn Pletcher and Sandy Hillyer as part-time seasonal softball camp instructors. Item 16. It was recommended to approve the hiring of Jon Beecher, Kelly Melcher and Jennifer Utecht as part-time seasonal recreation leaders. Item 17. It was recommended to approve the hiring of Kathy Johnson and Kara Knudsen as part-time seasonal recreation assistants. Item 18. It was recommended to approve the hiring of Richard Johnson as a part-time seasonal basketball referee and recreation assistant. B. Approve Joint Powers Agreement with Apple Valley and Rosemount to purchase TSI Portacount fire equipment. It was recommended to approve the joint Powers Agreement with Apple Valley and Rosemount to purchase TSI Portacount fire equipment. C. Final Plat - Burrows Addition, (Robert Burrows) replat of Lots 11 and 12, Block 2, Eagandale Center 98-54 Industrial Park No. 3. It was recommended to approve a Final Plat (Burrows Addition) consisting of two lots. D. Tree Contractor license, Tamarack Tree Service, 4175 - 320th St. W., Northfield. It was recommended to approve a tree contractor license for Tamarack Tree Service as presented. E. Officially name the Member Cities' PEG Access operations: Burnsville/Eagan Community Television. It was recommended to approve the name of the Member Cities' PEG Access operations: Burnsville/ Eagan Community Television. F. Adopt mission statement for the Member Cities' PEG Access operations. It was recommended to adopt the recommended Mission Statement for Member Cities' PEG Access operations. O(.R 239 EAGAN CITY COUNCIL MEETING MINUTES; JULY 7,1998 PAGE 4 G. Contract 98-22, approve plans/authorize ad for bids (Jubilation Addition - Utility Extensions). It was recommended to approve the plans for Contract 98-22 (Jubilation Addition (IGHts) - Utilities Extensions) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, July 30,1998. H. Contract 98-17, approve plans/authorize ad for bids (Country Home Heights - Street Imp.). It was recommended to approve the plans for Contract 98-17 (Country Home Heights - Street Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Friday, July 31, 1998. I. Project 732, receive final draft assessment roll/ order public hearing (Oak Pond Hills - Street & Utilities). It was recommended to receive the draft final assessment roll for Project 732 (Oak Pond Hills - Street & Utility Improvements) and schedule a public hearing to be held on August 4,1998. J. Award Contract 98-15, Stand-By Generator, Municipal Center Campus. It was recommended to receive bids and award Contract 98-15 to Ziegler to provide a peak alert/stand-by generator for the Municipal Center Campus. (Councilmember Blomquist opposed) K. Project 723, receive final assessment roll/order public hearing (Southern Lakes/Inver Grove Heights - Trunk Utilities). It was recommended to receive the final assessment roll for Project 723 (Southern Lakes/IGHts - Trunk Utilities) and schedule a public hearing to be held on August 4, 1998. L. Resolution - order AUAR (Grand Oak Business Park). It was recommended to approve a resolution 98-55 ordering completion of an Alternative Urban Areawide Review (AUAR) for the Grand Oak Business Park. M. Contract, Dakota County Housing and Redevelopment Authority, removal/ demolition of Lawrence Ave. & Linde Lane properties, Highway 55 Redevelopment District. It was recommended to approve a contract between the City and the Dakota County HRA for the removal/ demolition of the Lawrence Avenue and Linde Lane properties for incorporation in a commercial redevelopment associated with the Highway 55 redevelopment tax increment district. N. Exemption from Lawful Gambling License, ARC Suburban for a raffle to be held on November 21, 98-56 1998 at River Park. It was recommended to approve an exemption from the lawful gambling requirement for the Arc Suburban organization for a raffle to be held on November 21, 1998 at River Park. 0. Award Contract 98-19, Walden Heights Park. It was recommended to approve contract 98-19 Walden Heights Park, trails and parking in the amount of $42,895.00 to Bituminous Roadways Inc. P. Request for extension of Preliminary Subdivision approval for Forest View, Tri-Land Companies for one year. It was recommended to approve an extension through July 15, 1999 of the Preliminary Subdivision for Forest View Addition located on Blackhawk Road, north of Red Fox Road in the NW 1/4 of Section 17. Q. Request to adjust 1998 Park and Recreation budget. It was recommended to approve an amendment to the 1998 Parks and Recreation Department budget by increasing expenses of $14,250 and revenues by $18,710. R. Contract 98-14, approve final payment/authorize City maintenance (Aquatic Facility clearing and' rubbin . It was recommended to approve the first and final payment for Contract 98-14 (Aquatic Facility Clearing & Grubbing) in the amount of $25,240.00 to Enebak Construction Company, and accept the improvements subject to warranty provisions. 00240 EAGAN CITY COUNCIL MEETING MINUTES; JULY 7,1998 PAGE 5 S. Approve Change Order No. 2, Southern Lakes (IGH) Trunk Utility Improvements. It was recommended to approve Change Order No. 2 to Contract 97-13 (Southern Lakes/IGH Trunk Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. T. Change Order No. 1, deleting Rocky Lane improvements from Contract 98-12 awarded at the Tune 16, 1998 City Council meeting, It was recommended to approve Change Order No. 1 deleting Rocky Lane improvements from Contract 98-12 awarded at the June 16, 1998 City Council meeting. U. Schedule Special City Council meeting for July 28 at 5:00 p.m. It was recommended to schedule a Special City Council meeting for July 28 at 5:00 p.m. Councilmember Awada moved, Councilmember Blomquist seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 PUBLIC HEARINGS VARIANCE, ROB & TERESA KAVANAUGH LOT 34, BLOCK 3, COUNTRY HOLLOW - 609 LANTERN COURT City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council. Councilmember Wachter asked the applicant if he contacted his neighbors. Rob Kavanaugh said that 19 neighbors were contacted. Councilmember Wachter moved, Councilmember Awada seconded a motion to close the public hearing and approve a 12 foot Variance to the required 30 foot building setback from a public right-of- way in an R-1 single family residential district for Lot 34, Block 3, Country Hollow Addition. Aye: 5 Nay: 0 VARIANCE, TIM & BRENDA SWEET LOT 18, BLOCK 1, SUN CLIFF 2ND ADDITION - 4287 SUN CLIFF ROAD City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Tim Sweet, applicant, stated that he contacted 29 neighbors and they were in favor of his proposal. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council. Councilmember Awada moved, Councilmember Masin seconded a motion to close the public hearing and approve a four (4) foot Variance to the required ten (10) foot side yard dwelling unit setback for Lot 18, Block 1, Sun Cliff 2nd Addition, located at 4287 Sun Cliff Road. Aye: 5 Nay: 0 PROJECT 734, TOWN CENTRE DR. 100 - SIDEWALK City Administrator Hedges provided an overview on this item. Director of Public Works Colbert introduced Design Engineer Gorder who discussed the project details. EAGAN CITY COUNCIL MEETING MINUTES; JULY 7,1998 PAGE 6 (24i Councilmember Wachter said that it appears that the estimate for the Town Centre sidewalk appears to be a better value than the estimate for the sidewalk adjacent to the Waterford Apartments. Design Engineer Gorder explained that was due to substantial sloping and required retaining walls in the boulevard area near the Waterford Apartments. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council. Director of Public Works Colbert asked if the Council felt it would be necessary to have a sidewalk on both the north and south side of Town Centre Drive or if a sidewalk on the north side would provide sufficient pedestrian movement taking into account the cost of the alternate. Mayor Egan said that he felt a sidewalk on one side would be adequate. Councilmember Masin asked if any numbers pertaining to the amount of pedestrian traffic were available to help in determining which side of the street the sidewalk should be located on. Colbert stated that it is felt that most of the pedestrian movement would come from the apartment complexes and senior living facilities. He added that the apartment complex has direct access through the park to the trail system. He further added that constructing a sidewalk on the north side would provide continuity along the commercial area of Town Centre Drive. Councilmember Wachter stated that if there is a need for a connecting trail on the south side it could be considered at a later date. Councilmember Awada suggested that approximately 20 feet of sidewalk be constructed to the first driveway entrance of the Waterford Apartments. Councilmembers concurred. Councilmember Awada moved, Councilmember Wachter seconded a motion to close the public hearing and approve Project 734 (Town Centre Drive 100 - Sidewalk Improvements), as modified, and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 738, ROCKY LANE - STREET AND UTILITY IMPROVEMENTS City Administrator Hedges provided an overview on this item. Director of Public Works Colbert introduced Tom Sohrweide, Short Elliott Hendrickson Inc., who discussed the project details. Mayor Egan opened the public hearing to anyone wishing to speak. Mark Bosiacki, 1390 Rocky Lane, indicated that he was representing his concerns and those of his. neighbors. He mentioned that an informal notice was only received a few days prior to the start of construction. He also mentioned his lack of knowledge about the construction of the parking lot and said that this project centers around the City of Eagan's needs. He noted that the private road signs have been removed and traffic has increased dramatically. He requested a legal document stating that the City of Eagan is 100% liable for actions pertaining to the proposed road. Director of Public Works Colbert responded to Mr. Bosiacki's concerns and stated that the need for an additional parking facility was addressed as part of the expansion of the second sheet of ice. He noted that access is provided via a public road easement along Rocky Lane which has been privately maintained by several of the property owners in the area because it was not built to City standards for maintenance. He explained that according to City policy the development of the City property will necessitate bringing the road access up to City standards. He stated that with the preparation of the concepts and feasibility reports for the public improvements on public right-of-way it is recognized that there is some inherent benefit to the adjacent private properties to have a public street upgraded from a rural, gravel road surface to City standards. He said that the City did not remove the private road signs but will make sure they are reinstalled. EAGAN CITY COUNCIL MEETING MINUTES; JULY 7,1998 PAGE 7 Mr. Bosiacki said he was looking through City records and did not find a utility easement. Director of Public Works Colbert stated that he was not aware of that detail and said that if an easement is not available the utilities can be shifted to the north 30 feet which would be on the dedicated right-of-way of the City's property. Councilmember Blomquist asked if Rocky Lane is a private road. Director of Public Works Colbert stated that there is a public easement over the north 30 feet of Skovdale Addition. Mayor Egan stated that adjustments will be made to the estimated assessments based upon the appraisals prior to the final assessment hearing. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. Councilmember Wachter asked about the informal notice that Mr. Bosiacki received. Director of Public Works Colbert stated that a construction notice was given by the contractor to the adjacent property owners when the ice arena was being built. He added that a mailed notice was sent to the property owners informing them of tonight's public hearing. Councilmember Wachter moved, Councilmember Awada seconded a motion to close the public hearing and approve Project 738 (Rocky Lane - Street & Utility Improvements) and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) PROJECT 721, FINAL ASSESSMENT HEARING MULCAHY ADDITION (SANITARY SEWER) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council. Councilmember Masin moved, Councilmember Awada seconded a motion to close the public hearing and approve the Final Assessment Roll for Project 721 (Mulcahy - Sanitary Sewer) and authorize its certification to Dakota County. Aye: 5 Nay: 0 PROJECT 722, FINAL ASSESSMENT HEARING MURPHY PARKWAY (WATERMAIN) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council. Councilmember Wachter commented that he was disappointed that no trees were saved. Director of Public Works Colbert explained that no trees were removed for this project. Councilmember Wachter moved, Councilmember Masin seconded a motion to close the public hearing and approve the Final Assessment Roll for Project 722 (Murphy Parkway - Trunk Watermain) and authorize its certification to Dakota County. Aye: 5 Nay: 0 00242 OU 243 EAGAN CITY COUNCIL MEETING MINUTES; JULY 7,1998 PAGE 8 PROJECT 742, WESCOTT WOODLANDS, STREETS AND UTILITIES City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report and noted that this public hearing was being held since Fred Wessel's property was inadvertently omitted from the official notification process. He identified the five major issues that were raised during the last public hearing. He noted that Tony and Lynn Vinge's request to lower the pond elevation has been accommodated. He further noted that sanitary sewer service will be provided to Mary Lou Thorpe and Rachel Thorpe Nueman's properties per their request. He stated that the alignment of the watermain by the Hesse's property will be relocated according to their preference. He added that appraisers have been solicited to perform assessment appraisals to be considered at the time the bid is awarded. He further added that the affected property owners suggested that the length of the street improvement be shortened and a cul-de-sac be terminated at the present entrance to the golf course property. He identified the cul-de-sac option the residents were in favor of. He said the owner of the Carriage Hills Golf Course indicated a desire to have sanitary sewer included with this project to serve the club house and future maintenance building. He stated that all costs of the private sanitary sewer service would be the responsibility of the benefiting property. He mentioned that Mr. Wessel objected to the paving of a trailway and prefers gravel or turf rather than a bituminous surface. He said that staff met with representatives of Mary's Shelter to discuss special assessments. He further said that if the cul- de-sac terminates 450 feet shorter than the original proposal at the entrance to the golf course there would be no need to extend sanitary sewer or storm sewer further to the south, but Ray Rahn and Tony Vinge have expressed an interest in the extension of the storm sewer to pick up the ponding area on their property. He noted that Mr. Vinge has expressed some desire to have the sanitary sewer extended to the south to serve his property. He stated that both of the utility improvements and extensions could occur at any time if and when the property owners would like that to happen and were willing to pay for the extension. He said that Mr. Wessel has requested the watermain be located all on the westerly half right- of-way rather than on his recently dedicated half right-of-way to allow an opportunity for him to request a vacation of the previously dedicated half right-of-way. He indicated that the project would need to be approved at tonight's meeting in order for construction to begin this year. Mayor Egan opened the public hearing to anyone wishing to speak. Ray Rahn, owner of Carriage Hills Golf Course, said he thought that if the cul-de-sac was allowed to be constructed at the golf course entrance storm sewer service would be provided to his property. Director of Public Works Colbert explained that storm sewer service could be extended if the property owners are willing to pay the associated cost. He clarified that the shortened length of the cul-de-sac no longer necessitates the need for the extension of the utilities. He added that extension of the storm sewer can be included in the project to be bid and an agreement with Mr. Rahn and Mr. Vinge can be worked out with the option available to not extend the service. Tony Vinge said he was relatively satisfied and requested the extension of utilities to service his property, especially the extension of storm sewer. He added that he would like to work out the details with staff. Director of Public Works Colbert mentioned that one other issue that was raised at the last public hearing was the request to have Dakota Electric Association bury the electric lines. He said that DEA has indicated that since their distribution system is not impacted the cost to bury the line would have to be paid for by an assessment to the property owner or by the City. Fred Wessel, 3590 Wescott Hills Drive, summarized the project scope for clarification purposes. Mr. Vinge raised a question regarding the maintenance of the unimproved road. Director of Public Works Colbert stated that the Council needs to determine if the City will continue to provide maintenance on an unimproved roadway within public right-of-way until such time that it is vacated or if maintenance would be terminated at the cul-de-sac. Mayor Egan said that Mr. Vinge and Mr. Wessel may want to Off! 244 EAGAN CITY COUNCIL MEETING MINUTES; JULY 7,1998 PAGE 9 consider the vacation of their public right-of-way to the extent they can which would result in a private drive to their properties. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. He said that the Council needed to address the trail issue raised by Mr. Wessel and suggested a mulch trail be installed vs. bituminous which would not be available for year round use. Director of Public Works Colbert noted that mulch trails are not conducive to bicycles or rollerblading. He said that the trail issue could be referred to the Advisory Parks Commission for their review. Mayor Egan suggested it be deferred to the APrC for their evaluation. Councilmember Awada said that she feels the neighborhoods should be connected by a bituminous trail in the future and stated that a decision to construct a trail should be deferred until the southern parcel develops. Councilmember Awada moved, Councilmember Wachter seconded a motion to close the public hearing and approve corrected Project 742 (Wescott Woodlands - Streets and Utilities). Aye: 5 Nay: 0 OLD BUSINESS CONTRACT 98-16, APPROVE PLANS/AUTHORIZE AD FOR BIDS (WESCOTT WOODLANDS - STREETS AND UTILITIES) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert reiterated that Dakota Electric Association will not bury overhead electric lines because they are not impacted as a result of this project. He noted that if the property owners would like to request this be done they will have to pay the cost. Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve the detailed plans and specifications for Contract 98-16 and authorize the advertisement for a bid opening to be held at 10:30 a.m. on July 30,1998. Aye: 5 Nay: 0 CITIZENS' REQUEST TO DISCUSS AQUATIC POOL PROJECT FINANCING City Administrator Hedges provided an overview on this item. Jeff Gregory, 1322 Deercliff Lane, apologized to Mayor Egan for incorrectly quoting him in a newspaper article. He commented on the $7 million dollar cost to build the facility for only a 70-day swimming season. He noted that the only action he has seen reacted on by the Council is a request by the swim club for a six lane pool vs. three. He further noted that various groups of people in the City have come to the Council with pleas and petitions requesting changes to the facility, downsizing, and requests to construct the facility at another location, etc. and the best reaction from the Council were answers that bordered on pandering and insulting. He requested the Council reconsider the project and open it up for public debate. Mayor Egan stated that the agenda item before the Council is citizens' request to discuss Aquatic Facility financing and added that discussion regarding whether or not to move forward on the project would not be appropriate since proper notification has not been provided to the general public. He said that he took grave exception with Mr. Gregory's claims that the Council has been unresponsive and has pandered to the residents. He referenced minutes of the March 17 Special City Council meeting where he had stated that every question is valid and is considered a good comment and will be taken seriously as the Council reviews the final design features for the Aquatic Pool Project. He added that he is committed to that pledge and said that the developer has taken the residents' concerns into consideration. He further added that he has asked Mr. Gregory and his neighbors on many occasions to form a liaison committee to work with the City on issues such as lighting, noise, landscaping, parking, traffic, etc. EAGAN CITY COUNCIL MEETING MINUTES; JULY 7,1998 PAGE 10 Catherine Huettl, 3989 Denmark Avenue, said that many people in the City of Eagan do not know that an aquatic park is being constructed rather than a pool and asked why the Council does not let the voters decide if they want the Aquatic Facility. Councilmember Awada stated that the City cannot, by state law, hold a referendum on this issue because the project is not being funded with general obligation bonds. She further stated that this facility will generate revenue which will pay a large part of the debt service. City Attorney Sheldon said there are no advisory elections in state law in Minnesota. Councilmember Awada added that the Council has tried to get the neighborhood involved and has agreed to discuss this matter several times at numerous City Council meetings. Grace Meininger, 3852 Denmark Avenue, stated that she attends meetings of the MOMS Club and some of the mothers there are in support of a pool but not a theme park because they feel the cost will be very expensive. Mayor Egan commented that this is not a theme park but rather a pool that will meet the needs of the community of the City of Eagan. He added that these types of facilities are financial successes. Pam Donovan stated that Eagan is in need of a pool. She thanked the Council for their hard work and for developing a great plan and said she hopes this group of people does not deter them from constructing the facility. Jo Lipinski, 4175 Amberleaf Trail, stated that there have been many meetings on this issue and urged the Council not to let the vocal minority speak for the majority of those residents in favor of the Aquatic Facility. Meg Tilley, 1055 Wescott Road, commented that she is not opposed to a pool but is not in favor of the magnitude of this facility. Councilmember Masin stated that the City has needed a pool for a long time but said the issue is with the process. She further stated that options were never presented to the Council and added that $7 million dollars is a lot of money to spend. She mentioned that the Council has not looked at any options for funding the facility nor has the Council looked at different sites. Mike LaSusa, 1348 Chatterton Court, said that a small minority is not in favor of the pool. He noted that it would cost more to locate this facility on another site. He thanked the Council for the great job they have done in getting a pool in the City of Eagan. Pat Dill, 1413 Kings Wood Road, stated that Mayor Egan does not make any decisions without getting the full input, both pros and cons, from the public. He added that the heavy use of the wading pool in the summer is representative of what the community wants. He noted that Councilmember Masin was against the Civic Arena and is also against the Aquatic Facility. He thanked Mayor Egan for his years of service and said that he hopes the City can find another leader like him. Mayor Egan commented that he has never seen such intensity by the opposition like this before. He referred to a telephone conversation he had with an angry Windcrest resident who said that Mayor Egan had referred to him and his neighbors as the Windcrest Homeowners Association "trailer trash" He stated that he has never used that term about any person, house or subdivision in the City of Eagan. He added that he requested this resident write to him and agree to serve on a liaison committee to discuss the issues and concerns of the neighborhood regarding the construction of the facility. x245 Bill Osborne, 1596 Wexford Circle, requested the Council build the pool for the kids of the community and said the cost to construct the pool will continue to increase if it is not built now. He 0(' 246 EAGAN CITY COUNCIL MEETING MINUTES; JULY 7,1998 PAGE 11 added that although softball and baseball fields are only used during the summer months the construction of these facilities is a good use of money. He commended the City Council for all the work they have done. Vince Kennedy, 1415 Lone Oak Road, commended the City Council for the tremendous job they have done in regard to the cleanup of storm debris. He inquired about the economic projections for the Aquatic Facility and added that nothing is shown for a capital return. Councilmember Awada stated that this was the first time the consultant was asked to prepare these types of reports and further stated that the final costs were not known. She added that the debt service will not be covered entirely by the operating profit. Mike Gresser asked the members of the City Council in favor of the Aquatic Facility why they are insisting on pushing this project through and suggested they let the issue be part of the election. He said this is not an example of good government. Councilmember Wachter noted that the Council had plans for a water facility since 1980 and stated that money was invested in a Community Investment Fund beginning in the 1970's for this purpose. He added that the cost of constructing the facility will not involve any out of pocket cost to the taxpayers. Councilmember Blomquist stated that the Council anticipated that a pool would be built but not a facility of this size. Councilmember Wachter said that the City has been saving this money for many years to be used for the benefit of the community. He further said that he feels this is a beneficial and viable project. Mr. Gresser said that a referendum should be held. Councilmember Wachter mentioned that the City constructed an ice arena through the cooperation of the people who were in support of it. Councilmember Awada reiterated that the City cannot legally hold a referendum since the project is not being funded by general obligation bonds. Mr. Gresser asked the Council to let this be a campaign issue during the election. Mayor Egan explained the purpose of the Community Investment Fund. Floyd Hiar, 3720 Knollridge Drive, said he was disappointed with the lack of planning the Council has done with regard to this project and requested that the City Council not move forward with the water facility. He further said that Eagan does not need a theme park and added that he was concerned that the $7 million dollars is not being spent prudently. He noted that the Council does not need a lazy river and said he was concerned about the future expansion needs of the library. He stated that the project should be delayed. Gale Anderson said he was concerned with the adequacy and the cost of additional parking that may be needed. He asked if this type of facility will be conducive to teaching kids to swim or if it will be more like a theme park. He asked if there was an idea of how much return on investment can be expected from the operation of the facility. Mayor Egan stated that Director of Parks and Recreation Vraa is working on structuring a fee schedule now. He explained that the library and Civic Arena will have more parking needs during the fall and winter and the water facility will have greater needs during the summer. Vraa said that a best guess regarding how much profit will be realized is between $125,000 and $185,000 per year. Ann Wheeler, 669 Windtree Knoll, spoke in favor of the facility and said that it is needed for the youth of the community. EAGAN CITY COUNCIL MEETING MINUTES; JULY 7,1998 PAGE 12 AWARD CONTRACT 98-12, FAMILY AQUATIC FACILITY, BID PACKAGES NO.1 AND 2 City Administrator Hedges provided an overview on this item. Director of Parks and Recreation Vraa gave a staff report. He discussed the bids that were received and noted that RJM is the apparent low bidder. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve contract award for Project 98-12, Family Aquatic Pool Facility, bid packages No. 1 and 2. Aye: 3 Nay: 0 (Councilmembers Blomquist and Masin abstained) Councilmember Blomquist indicated she was abstaining because she did not feel the correct process has been followed in accordance with other development in the City and she also felt that a much better layout of the facility could have been achieved without having to utilize so much land. PLANNED DEVELOPMENT AMENDMENT & VACATION OF DRAINAGE AND UTILITY EASEMENT - DUKE REALTY INVESTMENTS City Administrator Hedges provided an overview on this item. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a continuation of the applicant's request for a Planned Development Amendment and Vacation of easements indefinitely. Aye: 5 Nay: 0 RECONSIDERATION, PROJECT 669, OFFICIAL MAPPING DENMARK AVENUE (RING ROAD CONCEPT) City Administrator Hedges provided an overview on this item and stated that a letter was received from the United States Postal Service requesting the Council rescind the action taken at the June 16 City Council meeting to officially map the Denmark Avenue extension. Mayor Egan stated that the legal counsel for the postal service indicated that they are not willing to accept the City's proposed alignment, but would support the alignment proposed by The Home Depot. He added that the City does not have the Postal Service's consent to the mapping of this road on their property. He said the Council does not have any choice but to rescind their action of June 16. City Administrator Hedges noted that staff could work with the Postal Service regarding the future alignment of Denmark Avenue. Councilmember Wachter moved, Councilmember Blomquist seconded a motion to approve reconsideration of the official mapping of Denmark Avenue allowing this item to be reexamined at the July 21, 1998 City Council meeting. Aye: 5 Nay: 0 REZONING & PRELIMINARY SUBDIVISION THE HOME DEPOT Councilmember Awada moved, Councilmember Masin seconded a motion to approve a continuation of the applicant's request for a Preliminary Subdivision and Preliminary Planned Development to the July 21,1998 City Council meeting. Aye: 5 Nay: 0 NEW BUSINESS TEEN CENTER PROPOSAL/S.W. YMCA FACILITY V0 I City Administrator Hedges provided an overview on this item. EAGAN CITY COUNCIL MEETING MINUTES; JULY 7,1998 PAGE 13 Tim Staley, Executive Director of the Southwest Area YMCA, discussed the plans for the proposed teen center facility. 0(1248 Councilmember Masin asked when the teens would be able to utilize the facility. Mr. Staley said that the facility would be open when school is not in session and teens could come to the teen center on a drop-in basis. Councilmember Masin asked what would happen to the funding provided by the City if the teen center is not successful. Mr. Staley explained that even if a small number of youth use the facility it will not close because the center will still be there and internal dollars will be available for funding the operational costs. City Administrator Hedges suggested that an agreement be prepared between the City and the YMCA regarding the allocation of City funds. Mayor Egan moved, Councilmember Wachter seconded a motion to approve a funding appropriation to the Southwest Area YMCA to construct an addition to the Eagan YMCA to be used as a teen center subject to an agreement regarding the future use of the teen center facility, to be funded with C.D.B.G. revenue. Aye: 5 Nay: 0 FINAL PLANNED DEVELOPMENT - JOHN B. GOODMAN LTD. PARTNERSHIP City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. John Bunkers, Project Manager for John B. Goodman Ltd. Partnership, discussed the proposal. Denise Gustafson, President of Inter Generational Living and Health Care, Inc., explained the daycare concept. Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve a Final Planned Development to remodel the property and change the use from a medical clinic to a child daycare and preschool at 3386 Pilot Knob Road, located north of Norwest Bank and east of Pilot Knob Road, legally described as Lot 1, Block 1, Norwest 2nd Addition in the SW 1/4 of Section 10 subject to the following conditions: A final Planned Development Agreement shall be executed and recorded at the Dakota County Recorder's office. 2. All building, parking and drive aisles and landscaped areas shall be properly maintained, including replacement of any dead plant materials. 3. A 25-foot setback from Norwest Court is approved for the solarium addition as per the approved site plan submitted June 17,1998. 4. The building plans, materials and construction shall be such that they will insure an interior sound level of 45 dBA as compared with the noise level at the inner boundary of the noise zone, in this case 65 DNL. 5. Any mechanical equipment, including rooftop equipment, shall be screened from view from the public right-of-way. A detached trash enclosure is allowed at the northeast corner of the site. The enclosure design should satisfy requirements in the City Code and should be made of same or similar brick compatible with the principle structure. EAGAN CITY COUNCIL MEETING MINUTES; JULY 7,1998 PAGE 14 Signage shall not include a pylon sign, and all signage shall satisfy City Sign Code requirements. 8. Landscaping shall be provided to satisfy screening and other landscape requirements of the City Code. 9. The modified parking areas shall include concrete curb and gutter. 10. The applicant should provide a copy to the City of the easement which provides shared access over the southerly drive. 11. The applicant is responsible for obtaining and maintaining current any other permits, license, etc. from Dakota County or other regulatory agencies. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT - JOHN B. GOODMAN LTD. PARTNERSHIP City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Blomquist moved, Councilmember Awada seconded a motion to approve a Conditional Use Permit Amendment to allow above ground detached garages in place of underground garages for a retirement home on property located east of Pilot Knob Road and south of Marice Drive (Lot 2, Block 1, Marice Addition) in the SW 1/4 of Section 10 subject to the following conditions: 1. This amendment shall be recorded at the Dakota County Recorder's office within 60 days of City Council action. 2. As accessory structures, the garages should match the architectural design and exterior materials of the principal structure. 3. The easement agreements for areas of shared parking between Lots 1 and 2, Block 1, Marice Manor shall be modified to reflect the changes and the documents shall be recorded at the Dakota County Recorder's office with this permit. 4. All other conditions of the original CUP remain unchanged. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT - DART TRANSIT COMPANY City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Director of Public Works Colbert discussed the options that were considered in trying to address access to the Dart property. Gary Santoorjian, representing Dart Transit, stated that with regard to Condition No. 1, Dart is willing to replat their property but they want to ensure that there will not be any additional fees charged. He further stated that with regard to Condition No. 5, outdoor storage will be needed and they want to be sure it is an allowed use. ? X49 EAGAN CITY COUNCIL MEETING MINUTES; JULY 7,1998 PAGE 15 Director of Public Works Colbert noted that Condition No. 9 should be changed to state that the detailed plans and specifications shall be approved by the City of Eagan and MnDOT. Councilmember Wachter said that additional traffic on TH 149 is creating a bottleneck and added that he wished Dart would have considered constructing a frontage road so traffic would be directed to Lone Oak Road. He further said that it is time to evaluate the flow of traffic at this corner. Director of Public Works Colbert noted that attempts are being made to negotiate a joint Powers Agreement with MnDOT to conduct an access corridor study for TH 149/55 because of the concern associated with future development. Councilmember Wachter said that Dart's request should not be approved until the City has an idea how this will impact that intersection and to see if a JPA with MnDOT can be negotiated. Director of Public Works Colbert commented that this concern has been the same for every other development in the area and said he feels uncomfortable holding up a development by development process and said that if the Council is concerned about the traffic flow a moratorium should be placed along the entire corridor until a study is completed. Mayor Egan asked if the City would lose leverage with Dart Transit if the Conditional Use Permit is granted or would it be possible to work with Dart to try to come up with better access. Mr. Santoorjian said that the facility is a low volume operation and the development will be serving the general public and not just Dart's owner/operators and drivers. He added that they need to distance this facility from Dart's headquarters. He further added that Dart went through the trucking study process and this area was identified as being appropriate for this type of use. Mayor Egan indicated that he did not have a problem with this development application. Councilmember Wachter said that he felt that approving this request would result in piecemeal development. Councilmember Masin stated that TH 149/55 is a dangerous intersection and attention needs to be given to this area. Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve a Conditional Use Permit to allow the establishment of a 12,456 square foot tractor repair and sales facility upon property located west of TH 149 and north of Stark's Restaurant. on property legally described as Lots 1-10, Block 1, Eagandale Center Industrial Park No. 3 and Lots 2-5, Block 1, Eagandale Center Industrial Park No. 4 subject to the following conditions: The contiguous "Dart property" shall be replatted into either a single lot of record or individual parcels that correspond to the structures and uses that occupy the land. 2. Additional curbing as graphically illustrated on the attached site plan detail shall be provided. 3. Additional landscaping (i.e. shrubs/hedging and/or berming) shall be provided along off-street parking areas which abut TH-149. 4. Tractor display shall be confined to the area graphically identified upon the site plan and limited to a maximum of nine vehicles. 5. The outside storage of materials, other than trash handling/recycling containers, tractors awaiting repair and tractor display (as depicted on the site plan), shall be prohibited. 6. All site signage shall comply with all applicable provisions of the City Sign Code. Storm sewer constructed to City standards shall be extended from TH-149 right-of-way to Pond EP-4 to accommodate drainage from the TH-149 right-of-way. EAGAN CITY COUNCIL MEETING MINUTES; JULY 7, 1998 PAGE 16 8. If the existing 33-inch storm pipe proposed to be utilized by this development is not to City standards, the applicant shall reconstruct or repair the pipe in accordance with City Engineering requirements. 9. Detailed plans and specifications shall be approved by the City and MnDOT for the proposed entrance service drive construction and Stark's Restaurant parking lot reconfiguration. This drive shall be constructed with concrete curb and gutter and bituminous pavement. 10. The applicant obtain all appropriate MnDOT permits for work within MnDOT right-of- way prior to the issuance of a building permit. 11. The developer shall dedicate the appropriate ponding easement for Pond EP-4 to include the calculated high water level plus three feet in accordance with the City Storm Water Management Plan. 12. All building, parking, drive aisles, and landscaped areas shall be properly maintained. 13. All exterior lighting shall be hooded and directed to deflect light away from adjacent properties and rights-of-way. 14. The following tree preservation related conditions shall be upheld: A. The applicant shall install 24 Category B trees as mitigation for significant tree removal in excess of allowable limits. B. Tree protective measures (i.e. 4-foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. C. The applicant shall contact the City Forestry Division at least five days prior to any site grading to ensure compliance with the approved Tree Preservation Plan. Aye: 4 Nay: 1 (Councilmember Wachter opposed) COMPREHENSIVE GUIDE PLAN AMENDMENT - CITY OF EAGAN CHANGING THE LAND USE OF 7.8 ACRES FROM INDUSTRIAL TO BUSINESS PARK (LOT 3, BLOCK 1, EAGANDALE CORPORATE CENTER) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Awada moved, Mayor Egan seconded a motion to approve a Comprehensive Guide Plan Amendment changing the existing Land Use Guide Plan designation of a 7.8 acre parcel of land located east of Lexington Avenue just north of Neil Armstrong Boulevard (Lot 3, Block 1, Eagandale Corporate Center) from Industrial (IND) to Business Park (BP). Aye: 5 Nay: 0 ROUND TABLE O4' 2..i Councilmember Awada moved, Councilmember Masin seconded a motion to approve Change Order No. 2 adding Rocky Lane improvements to Contract 98-12 awarded at the June 16, 1998 City Council meeting. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; JULY 7,1998 PAGE 17 City Administrator Hedges mentioned that he has prepared a guest column which will appear in the newspaper regarding the May 30 storm if the Council so desired. Councilmembers were in concurrence with the guest column appearing in the newspaper. Councilmember Blomquist moved, Councilmember Masin seconded a motion to authorize a guest column to appear in the newspaper regarding the May 30 storm. Aye: 5 Nay: 0 Councilmember Wachter said that authorization should be given to the City Forester to remove certain species of trees from the approved tree list used for development. Councilmember Awada moved, Councilmember Masin seconded a motion to provide direction to the City Forester to review an ordinance amendment regarding tree species for development. Aye: 5 Nay: 0 Councilmember Wachter asked about enforcement efforts in regard to signage at gas stations. Senior Planner Ridley stated that a mass mailing was sent informing gas station owners of the City's Sign Code. Councilmember Awada said she had asked City Administrator Hedges to do some research regarding the ethics policies other cities have and mentioned that the City of Eagan does not have such a policy. She stated that she would like to share this information with the City Council and have them look into the ethics issue further to determine if there should be an ordinance that governs the Councilmembers. Councilmember Masin asked when the MVTA Strategic Plan will be discussed by the Council. She said that this could be included as part of what is put together in the Strategic Plan. Councilmember Masin commented that the City should not be required to pay sales tax to the State of Minnesota and suggested that more emphasis be given to this position. Councilmember Blomquist stated that she received a letter from Jason Beskar requesting a signal light be installed at Diffley and Rahn Road. She asked City Administrator Hedges to respond to his request for her. Councilmember Masin suggested that a community meeting be scheduled. Director of Public Works Colbert said that a community meeting is planned for late summer or fall. VISITORS TO BE HEARD Lee Stransky, 2865 Pilot Knob Road, thanked the City for the cleanup of the tree debris. He asked how residents of Eagan can get a copy of the This Week newspaper which is the official newspaper for the City. Councilmembers suggested he talk to the reporter for the paper who was present at the meeting so he could inform the newspaper distributor. Mr. Stransky asked if the City crews could inspect the storm drain on the west side of Egan Avenue and Highview Avenue on Pilot Knob Road. He said that every rainfall since the May 30 storm has caused Pilot Knob Road to flood. CHECK REGISTER Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register dated July 16,1998 in the amount of $3,118,367.21. Aye: 5 Nay: 0 ADJOURNMENT The meeting adjourned at 11:15 p.m. to Executive Session for the purpose of discussing the status of pending litigation with Penn-Co Construction. Present were Mayor Egan and Councilmembers EAGAN CITY COUNCIL MEETING MINUTES; JULY 7,1998 PAGE 18 Wachter, Awada, Masin and Blomquist, City Administrator Tom Hedges, Director of Public Works Colbert and City Attorney Jim Sheldon. July 7, 1998 Date MLK 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). ©O2 53 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.