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05/18/1994 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota May 18, 1994 A regular meeting of the Eagan City Council was held on Tuesday, May 18, 1994, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin and Hunter. Also present were City Administrator Tom Hedges, Director of Community Development Peggy Reichert, Director of Public works Tom Colbert, and City Attorney James Sheldon. Uhl", City Administrator Hedges noted that Item 2 of the Administrative Agenda, Waiver of Plat/Duplex Lot Split at Lot 8, Block 5, Vienna Woods Addition could be added under the Consent Agenda where it would normally appear before the Council. The Council supported this addition to the Consent Agenda. City Administrator Hedges explained to the audience the Council had not finished all the items during the scheduled Special City Council meeting and would be meeting later, following the regular City Council meeting to finish those items. Community Development Director Reichert noted that the Special Use Permit for a pig roast requested by Stark's Saloon was withdrawn by the applicant. Masin Moved, Hunter seconded a motion to approve the agenda for the May 18, 1994 regular City Council meeting as amended. Aye: 5 Nay: 0 Councilmember Masin asked that Page 2, Paragraph 1, last sentence be changed to read, "....leaving Terminal Drive at its present condition." She also noted that on Page 18, Line 1, "..infrastructure, but...' should be changed to "...infrastructure, nd..." as well as changing Page 21, Paragraph 8, to read, "...provided an update on the last...". Councilmember Wachter asked that Page 7, Paragraph 3, Sentence 1 be changed to read, "Awada moved, Hunter seconded...". Mayor Egan asked that Page 16, last paragraph, second to last sentence be clarified to read, "...City of Eagan's comprehensive high density rezoning process..." and that the last sentence read, "Mayor Egan suggested denying the request for the rezoning." He also added that Page 15, Paragraph 4, Sentence 1 should be clarified to read, "..City implemented a high density rezoning study which..." followed by Sentence 3 which should be changed to, "...higher or mid-density residential uses...". Relative to Page 18, Paragraph 7, Sentence 2, Mayor Egan asked that it be changed to, "...stated that Section 9 has more subsidized housing than..." CouncilmemberAwada asked that page 21, Paragraph 8, read, "....provided an update on the last...". She also asked that Page 15, Paragraph 9, Sentence 2 be changed to read, "...lessen the impact of traffic...". In addition, Paragraph 10 on Page 15 had a sentence missing which read, "...598 police calls last year alone, which shows that cramming so many people in such a tight area without adequate amenities, simply, is conducive to the problem the Eagan Police Department is seeing in the area." Wachter moved, Masin seconded a motion to approve the minutes of the May 3, 1994 regular City Council meeting as amended. Aye: 5 Nay: 0 Shawn Hunter noted that he was not present at this special meeting therefore the vote reflected on Page 2, last paragraph should read "Aye: 4 Nay: 0". Awada moved, Masin seconded a motion to approve the minutes of the April 12,1994 Special City Council meeting as amended. Councilmember Hunter abstained since he was not present at the meeting. Aye: 4 Nay: 0. Eagan City Council Minutes May 18, 1994 Page 2.' Terry McDonald addressed the Council and thanked them for their approval of the special event permit for a car crushing event that took place at Cedarvale. Mr. McDonald noted that it was a very successful event and thanked staff for their assistance. Mayor Egan introduced Department Head Business, noting there were no items on the Department Head agenda. Councilmember Awada noted that following a meeting with Tony Caponi earlier in the day a follow-up meeting was scheduled for June 21 at 3:30 pm relative to the Caponi Art Park. Mr. Caponi was questioning what type of tax exempt status the City was aware of for land held in trust and wanted to know if there would be a way in which tax exempt status could be granted to the Art Park once it's owned by a non-profit foundation. City Attorney Sheldon responded that in order to determine the real estate tax status for a non-profit owned property, the County would need to be consulted. Councilmember Awada directed Mr. Sheldon to obtain the necessary information from the County and advise Director Vraa so that he could, in turn, update Mr. Caponi on the information. City Administrator Hedges explained that the Council is being asked to recommend approval/denial of Change Order *2 to Contract 93-16. Director Vraa explained that the change order was initiated to provide for overdepth for the sanitary sewer to the Remo Caponi property which is being proposed for development immediately west of the Lexington Diffley athletic site. It was felt that since there was an existing contract underway it would be more cost efficient for the City to provide this service under the contract. Director Vraa continued that some storm sewer work will be deleted as part of this change order but the net result of providing this service to the adjacent Caponi property would bean additional $30,913.10. Councilmember Hunter questioned why Remo Caponi, as the adjacent developer, was not responsible for this cost. Director Vraa clarified that it is the City's responsibility, as the developer of the Lexington Diffley athletic site, to provide services to adjacent properties that may ,e developed in the future. Wachter moved, Awada seconded a motion to approve Change Order #2 to Contract 93-16. Aye:5 Nay:O Councilmember Hunter asked for further information relative to Item E (Award Contract, for Media Consultant Services), asking that it be pulled from the Consent Agenda so that separate action could be taken following discussion of this item. Hunter wanted further clarification of Alternate 2 which stated it would modify the existing City Council Chambers for use as a studio area able to accommodate tv production. He opined that what appears to be a provision for two separate facilities is overkill and thought the Council had indicated their preference for providing only one media center in the Council Chambers. Cable Coordinator Reardon clarified that Alternate 2 is a study to determine what it would cost to turn the existing City Council chambers into a multi-use room. He stated the assumption under Alternate 2 was that a majority of the equipment would be moved to the new Council Chambers. The figures presented were to study the various alternatives as well as design costs and other consultant expenses from the beginning to the end of the project(s). Mr. Reardon continued that after seeing the initial bid amounts for Alternate 1 and 2 he asked the consultant to provide an estimate rather than a bid for those two items which resulted in Alternate 1 costing $1,000 and Alternate 2 costing $3,000. Councilmembers Awada and Hunter commented that those amounts were more palatable. Coordinator Reardon reiterated that this contract was for the study and project costs excluding the actual design and equipment. Councilmember Hunter questioned whether the amounts would be entirely funded through franchise fees. Mr. Reardon responded that was correct. Councilmembers Wachter, Hunter and Awada stated they were not in favor of studying Alternate 2. Councilmember Hunter ' oved, Awada seconded to pull Item E from the Consent Agenda, deleting Alternate 2, with the City only pursuing the Base ,id and Alternate 1 for $1,000 which is the cost estimate. Once the City would get to that phase, should the Council desire to proceed with the implementation phase, the remaining dollars for Phase I would be due. Aye: 5 Nay: 0 Eagan City Council Minutes 1117 May 18, 1994 Page 3 CouncilmemberMasin questioned if Item F, Contract 94-03, receive Bids/Award Contract (Blackhawk and Blue Cross Road- Street Reconstruction and Trail Improvements) was left on the Consent Agenda whether the Council would be able to act on issues raised within a letterthat was recently received by the Council. Councilmember Masin moved, Awada seconded, a motion to pull Item F, Contract 94-03, Receive Bids/Award Contract (Blackhawk Road and Blue Cross Road-Street Reconstruction and Trail Improvements) from the Consent Agenda and place it under •C' of Old Business. Aye: 5 Nay: 0 Councilmember Wachter questioned whether Rosemount was satisfied with Item M, Continuation of Agreement between the City of Eagan and the City of Rosemount for Public Safety Dispatch Services. Chief of Police Geagan replied that Rosemount was very satisfied with the agreement. Mayor Egan asked whether the City dispatchers were satisfied with the agreement. Chief of Police Geagan responded that it creates additional work and it adds approximately 20 additional calls every 24 hours, but that generally it can be handled. A. Personnel Items Item 1. Seasonal Engineering Aides--It was recommended to approve the hiring of Jason Law, Heather Rougier, Tadd Ulrich and Clark Wicklund as seasonal engineering aides. Item 2. Temporary Seasonal Tennis Instructors--It was recommended to approve the hiring of Melinda Cohee as the temporary seasonal tennis director and Monica Berhow, John Hayden and Tara Roffler as temporary seasonal tennis instructors. Item 3. Seasonal Park Maintenance Worker--It was recommended to approve the hiring of Tom Kennealy as a seasonal park maintenance worker. Item 4. Student Intern/Parks & Natural resources--No action was required for this item, since Mike Horner will be ulfilling a student internship in the Parks and Natural Resources area during the summer months and will not be an employee of the City of Eagan. Item 5. Title Change/Investigators--It was recommended to approve the changing the title of the current 'Investigators' to the new title of 'Detectives.' B. Licenses. Plumbers It was recommended that the following plumbers' licenses be approved as submitted: Capra's Utilities, Inc., Commercial Plumbing, Dave's Professional Plumbing, Doody Mechanical, Harris Contracting Company, and North Star Plumbing. C. Resolution. Regarding Information Superhighway Legislation It was recommended to adopt the resolution regarding the Information Superhighway. R-94.29 D. Proclamation, Burnsville/Eagan Public Access Volunteer Appreciation Day. June 2. 1994 It was recommended to proclaim June 2, 1994 as Burnsville/Eagan Public Access Volunteer Appreciation Day. R-94.30 E. Award Contract. for Media Consultant Services It was recommended to pull this item from the Consent Agenda and delete Alternate 2 of Item E. F. Contract 94-03. Receive Bids/Award Contract (BlackHawk Road and Blue Cross Road-Street Reconstruction and Trail Improvements) It was recommended that this Item be pulled from the Consent Agenda and placed as Item 'C' under Old Business. Eagan City Council Minutes May 18, 1994 Page 4 G. Project #655, revise Pending Assessment Roll (Blackhawk Road-Street Reconstruction and Trial Improvements) It was recommended to acknowledge the completion of the property appraisal process and authorize the revision of the pending assessment roll for Project #665 (Blackhawk Road-Street Reconstruction and Trial Improvements) to reflect the maximum assessment for single family residential properties at $1,500/I.e. and $3,500/I.e. (existing curb and gutter and new curb and gutter respectively) and schedule the final assessment hearing on October 4, 1994. H. Special Use Permit. to permit a pig roast on tune 25, 1994. located on Dodd Road in the Nw 1/4 of Sec. 12. This item was removed at the applicant's request. 1. Resolutions and Findings of Facts. Denial of Comprehensive Guide Plan Amendments for 9.6. acres located west of Crestridge Drive and east of I-35E in the southeast quarter of Section 16/Good Value Homes; and 19.52 acres located south of Town Centre Drive and east of Yankee Place in the northeast quarter Section 15/Centex Homes It was recommended to continue the resolutions and findings of facts, denial of comprehensive guide plan amendment for 9.6. acres located west of Crestridge Drive and east of I-35E in the southeast quarter of Section 16/Good Value Homes; and 19.52 acres located south of Town Centre Drive and east of Yankee Place in the northeast quarter section of Section 15/Centex homes to the June 7, 1994 City Council meeting. J. Contract 94-07. Receive Bids/Award Contract (Phase I Grading-Public Safety building Expansion) It was recommended to receive the bids for Contract 94-07. (Phase I Grading - Public Safety Building Expansion), award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents. K. Receive Plans and Specification and Authorize Bids for Police Department Expansion It was recommended to approve the plans and specifications for the Police Department expansion and authorize the advertisement for a bid opening to be held at 2:00 p.m. on June 15, 1994. L. Declare Surplus property for tune 4. 1994. public Auction It was recommended to declare bicycles, unclaimed property and miscellaneous City property to be surplus and authorize all surplus property to be sold at the City auction, Saturday, June 4, at the Maintenance facility, 3501 Coachman Point. M. Continuation of Agreement between the City of Eagan and the City of Rosemount for public Safety Dispatch It was recommended to approve the continuation of the agreement between the City of Eagan and the City of Rosemount for public safety dispatch services. N. City Contract No. 93-12 (Hawthorne Woods Drive Sidewalk) - Contract Change Order #2 It was recommended to approve the contract Change Order #2 to City Contract 93-12 (Hawthorne Woods Drive Sidewalk Construction) and authorize the execution of the appropriate documentation. 0. Waiver of Plat/Duplex Lot Split This item was added to the Consent Agenda. It was recommended to approve the waiver of plat/duplex lot split, Lot 8, Block 5, Vienna Woods Addition, as presented by Custom Home Design Builders. Wachter moved, Hunter seconded, a motion to approve the Consent Agenda as amended, with Item F, Contract 94-03, 'Zeceive Bids/Award Contract (Blackhawk Road and Blue Cross Road-Street Reconstruction and Trail Improvements), pulled and ,laced under 'C" of Old Business. Aye: 5 Nay: 0 R-94.31 Eagan City Council Minutes May 18, 1994 Page 5 PROJECT 667, CEDARVALE AREA - STREET RECONSTRUCTION Mayor Egan introduced this item as Project 667, Cedarvale Area -Street Reconstruction. City Administrator Hedges provided introductory comments. Mark Parranto explained that he had been in contact with Greg Larson of Upper Midwest Management, the Shopping Center Management Company, and that Mr. Larson maintains the street repairs should be completed by the property owners and the City should be petitioned to vacate the existing roadway. Mr. Parranto also advised the Council he had contacted Mr. Lyle Muelbauer of First Star Banks who agrees with Mssers. Parranto and Larson's conclusions. Mr. Parranto noted that the majority property owners are in agreement to split the repair costs three ways and coordinate cross-easements to allow everyone access over the property. He concluded that although the paperwork has not been completed as yet, the majority property owners agree to repair the street. It was suggested that one option to provide maintenance may be through an association agreement. Mr. Parranto concluded by indicating his desire to withdraw the petition previously submitted, ask that the City vacate the street so that the property owners can assume the responsibility for repairing and maintaining the street. Mayor Eagan noted that in previous City Council minutes he had asked for information on whether the City was responsible for snow removal. Although they were,there were times when the snow had already been removed by the property owners when City crews arrived. The Mayor expressed his concern that no documentation has been received to date, as was previously requested, assuring that cross easements had been provided prior to the City considering the vacation of this street. City Attorney Sheldon affirmed that no such documentation had been received at the City Attorney's office. Councilmember Hunter shared Mayor Egan's apprehension, noting that the Council may need to continue this item until the legal documentation is completed and all issues are resolved. Hunter suggested bringing this item back to the next City Council meeting and if, after a reasonable period of time, the issue isn't resolved, have the City proceed with the street reconstruction improvements for this area. Councilmember Wachter asked Mr. Parranto if he could have the information ,repared for the June 7 City Council meeting. Mr. Parranto responded that he felt they would be able to have all documentation in place by then. Councilmember Awada stated that it is in the city's best interest to ensure the work will be completed and that maintenance will continue prior to any consideration of vacating the street. Director of Public Works Colbert explained the City does not have a standard method to enforce maintenance of private drives or parking lots. He stated that if the existing roadway was vacated, then it would be admitting that the street should have been a private drive in the first place. He expressed his support in continuing the item. Councilmember Awada indicated a need to identify criteria to be met for the repair/replacement and maintenance of this street if the City is being asked to vacate it. Councilmember Hunter indicated his desire to hear what options the property owners are considering along with the scope of the project. Councilmember Wachter suggested that the work should conform with the feasibility study. Councilmember Awada stated that if the City vacates the street,it should conform as a private driveway. Mr. Parranto responded that he views this as a maintenance issue; the street needs to be repaired, not replaced. He indicated the majority property owners don't want to do the project as is being proposed by the City, rather they feel it can simply be fixed. Councilmember Watcher stated that the petition had been initiated by several business/property owners of Cedarvale. Mr. Parranto responded that it was not a large percentage of property owners who petitioned the City for this improvement. Mayor Egan clarified that signatures from 35% of the owners are required on the petition in order to do a feasibility study and agreed with Councilmember Hunter that this item should be continued until further information is received from the business owners. Counci Imember Wachter suggested that the property owners provide the necessary documentation so that the Public Works Subcommittee can review them at their June 2, 1994 meeting to make sure all concerns are addressed prior to the item appearing on the June 7 City Council agenda. In response to Mr. Parranto's question about what would specifically be required `+y the property owners, the Council's consensus was that an engineered plan showing how the work will be completed, written jthorization from business owners that they are in agreement with this replacement/repair along with the necessary cross easements and maintenance agreements to ensure long-term maintenance would be required. All legal documentation would need to be reviewed by the City Attorney prior to further City Council review. City Attorney Sheldon responded that if Mr. Parranto got documentation to his office prior to the June 2 subcommittee meeting he would have them reviewed. Eagan City Council Minutes May 18, 1994 Page 6 Councilmember Awada stated she felt that since the property owners petitioned for this improvement they should be responsible for the cost of the feasibility study for this project. Councilmember Wachter agreed noting that those costs should not be absorbed by the City. Director of Public Works Colbert was directed to provide the cost information to the property owners so they would know the amount to be reimbursed to the City. Councilmember Awada moved, Masin seconded, a motion to continue this Item to the June 7, 1994 regular City Council meeting with the understanding that the report will remain in place until the City receives a suggested alternative which would provide that the street improvement be completed privately and meet with the satisfaction of staff and the City Council. Aye: 5 Nay: 0 WOMAN REZONING/MARELL, INC. Mayor Egan introduced this Item as Rezoning, Marrell Inc., of 30.1 acres from A (Agricultural) and R-4 (Multiple) to R-1 (Single Family) located along the south side of Lone Oak Road, north of Highway 55 in the NE 1/4 of Section 12. City Administrator Hedges provided a brief chronological review on the item. City Attorney Sheldon addressed two of the issues presented in memoranda to the City Council. He explained that the City Council's zoning decision will be upheld as long as the City is not arbitrary, unreasonable, or capricious and findings of facts are reflected in the record. He stated the Council has a basis in the record, in the City Attorney's opinion, to make a policy decision and to make a basis for that policy decision in the record. The one caveat, he explained, was that if the Council was to deny the item, since the issue has bounced back and forth in 1988 and 1990, it would be appropriate to look at the entire 105 acre triangle in order to work with the property owners so that the Council can put the issue to rest. Commenting on the investment backed issue in the memoranda, Mr. Sheldon stated the law of Minnesota states that a property owner does not have a right to a zoning classification. Mr. Sheldon added the one factor pointing to some property right might be the assessments, but the assessments are not in and of determinative. The issue, City Attorney Sheldon explained, is a policy issue for the City Council, and given the Council's determination and factual statements, it is reasonably supportable. Assistant to the City Administrator Hohenstein explained that in addition to the Council's packet information on the airport noise issue, that staff had been in contact with both the Metropolitan Airports Commission and Metropolitan Council to gauge whether or not they would have any interest in actions of this kind. He explained that the MAC noted a willingness to participate in the event the City found itself in litigation relative to this matter, because they have an interest in not seeing additional residential development where they know aircraft noise will exist. Mr. Hohenstein explained the Metropolitan Council is still reviewing the matter and will be getting back to the City. Essentially, Mr. Hohenstein explained, the issue of noise in Zone 4 is that residential is a conditional type of use and there are eight conditions that the Metropolitan Council would review if they were to consider this as a comprehensive guide amendment. This is not a comprehensive guide amendment, he added, therefore it would be prudent and rational for the City to review at this time. Mayor Egan noted that the memorandum on this item showed the Airport Relations Committee looking at this issue with great disfavor in that the city is reviewing the possibility of placing single family residential development, which is the most noise sensitive type of development within the community, in a noise impacted zone. Mayor Egan reiterated the Council's prudence to airport noise attenuation. However, he added, reasonable and prudent alternative uses for this land must be investigated if this land is not developed as single family residential. Director of Community Development Reichert noted that it is difficult to say what the zoning should be for this area but it appears the surrounding residents prefer to see development occur at one time. Ms. Reichert suggested low density residential 'se as an alternative in the near term, with the anticipation that sometime in the future a renewal or reconsideration of another ipe of zoning could be undertaken. Ms. Reichert explained that if the rezoning was denied, staff needs to complete site planning and look at different scenarios for the entire 105 ares. Eagan City Council Minutes May 18, 1994,' Page 7 Lyle Nash, representing the developer, provided a chronological review of the rezoning request. He commented that his feelings are reflected in the letter to the Council outlining the developer's opinion of the staff report. Mr. Nash recalled this development idea was began by Ken Applebaum who viewed this use the best and least offensive for the site. Mr. Nash explained that the Copperfield development in Mendota Heights is situated in a worse air noise impact area and touted the success of this expensive development. Mayor Egan noted that he was aware of many airport noise complaints by single family homeowners in the Copperfield neighborhood. Peggy Carlson, an Eagan resident of 36 years, expressed her concern for development other than residential being placed next to existing homes in the area. She stated she wanted the Council to remember that a majority of the residents use the area agriculturally now and intend to do so in the future. There was concern expressed that if residential development does not occur in this location, the neighborhood may be subject to an industrial use adjacent to their properties and she did not want to be assessed for improvements to provide that type of use. Peggy added that she felt it was not feasible for the land owner to hold this property indefinitely until there was some determination as to what it's use would be. She commented that if she did need to pay assessments for future improvements to the area, she would prefer paying 1994 fees rather than paying inflated fees as the years pass. Councilmember Awada acknowledged Ms. Carlson's concerns relative to development adjacent to her property but explained that any type of development will trigger the growth and change she seemed to be concerned about. Awada continued that it may be in the best interest of the City, and the residents, to take a hard look at what the long term use for this entire 105 acre parcel may be. In that way, there can be a more thoughtful approach to how this land will ultimately be developed. Councilmember Wachter responded to Ms. Carlson that no matter what type of development would occur, there will be ssessments to their property. Councilmember Wachter questioned how the airport noise impacts Ms. Carlson. She replied it was all relative, and that homeowners are aware that they are in a flight pattern area when they purchase their homes so they know what they are getting into. Mayor Egan reiterated that if the Council does deny this application for rezoning, it would be the intention of the City to study the entire 105 acre parcel of land to determine its best use. The Mayor continued that the City would work to provide as compatible a use as possible but at the present time he was not comfortable that R-1 would provide the best use. Cathy Weiner, 610 Lone Oak Road confirmed that this area does experience airport noise, however, her preference was that this area remain A-i with no consideration given to townhomes or industrial. She also asked that thoughtful consideration be given to little or no disturbance to the wetlands and water areas on this land. Mayor Egan restated the City's intention to work cooperatively for a compatible use for the neighboring residents. The Mayor also pointed out that the upgrading of Lone Oak Road may be an issue that will have assessment impact to this area. Public Works Director Colbert explained that the upgrading of Lone Oak Road from Lexington to Argenta Trail in Inver Grove Heights is on the Dakota County 5 year CIP. Director Colbert noted that although the County has indicated this work will occur in 1995, it may not happen until 1996. The preliminary design is to provide for a five lane roadway to include a center turning lane. When County roads are improved, Colbert continued, residents that have direct driveway access are assessed and vacant property is assessed based on zoning. There are no standards in place at the current time to address a unique situation such as "holding" zoning while a study is being undertaken. Howard Stacker, partner in RES Investment Company, noted that they have owned this property for more than 20 years. He stated they have paid substantial taxes and assessments and have worked diligently with the City to develop this land. Mr. Stacker indicated their first request for commercial rezoning was denied; they tried R & D and were again denied being told the property was zoned R-4. They were also told the community prefers residential. With that information, RES found a high uality builder, submitted a single family residential application and it appears they will again be denied. Mr. Stacker shared ..ie owners' concerns for this property being placed on "hold" for an indefinite period of time. They feel they are entitled to use this land and that single family residential is needed and wanted. It was also clarified that the land owners would bear assessment costs to diminish impact to the existing residents. Mr. Stacker concluded that RES wants to be a cooperative citizen but expressed their concern for continuing to "hold" this land while they pay significant taxes and aren't able to develop it. Eagan City Council Minutes May 18, 1994 Page 8 Mayor Egan commented that the issues appeared to be well framed and brought the item back to the Council for discussion. Councilmember Hunter complimented legal staff for the job they had done in providing background information and issues that needed to be considered. Based on the legal background information, Hunter continued that the Council has the latitude to move either direction, with reason. He added that 'holding' was not a valid land use and that the owner had the right to be upset with this type of language. Councilmember Hunter continued by reviewing the four reasons staff and the Planning Commission had given to deny this request which included suitability, airport noise, neighborhood parks and access. Relative to the suitability issue, Hunter noted that the topography may not be ideal but questioned what other type of development could occur. Since the same topographical concerns can fall under any zoning criteria, Councilmember Hunter did not feel this was sufficient reason to deny the request. Relative to airport noise, Hunter noted that placing a residential development in Zone IV of the airport noise impact area was a valid reason for denying the rezoning. The point that the site is isolated from any existing or planned neighborhood parks was not valid to Hunter. He noted that even though there is no park proposed for this site, to plan for a park on the 105 acre triangle may be reasonable, therefore this was not a valid reason to deny rezoning. Relative to access concerns, Hunter again stated that it is not provided as proposed but a reasonable plan for future access is given. In conclusion, Councilmember Hunter opined that the only valid reason to deny this request was because of airport noise, which he did not feel was sufficient enough. Councilmember Masin stated that it appears the developer has been flexible and cooperative in attempting to develop this property and agreed with Councilmember Hunter that the reasons for denial were not sufficient. Councilmember Awada explained that this whole area, with the exception of Bur Oaks, was seen as an industrial or R & D area. She felt that allowing residential use would mean there would be yet another detached residential area. Awada continued that Bur Oaks is surrounded primarily by non-residential uses and in an attempt to not repeat that situation, suggested that isolating a residential area within surrounding non-residential uses should be added as another consideration for denying he rezoning. Councilmember Wachter noted that it would be difficult to deny this request since there is no opposition from residents. He also indicated he would need to have better reasons to deny this request other than airport noise. Councilmember Awada clarified that the City could not stop the developer from developing his property for an inordinate amount of time. She asked if the Council felt this entire area should be developed into single family homes. Councilmember Hunter reiterated his opinion that homes already exist and that, although airport noise is a valid reason to deny rezoning, it is not overwhelming. Mayor Egan commented that the City Council has been very pro-active and involved in the issue of airport noise as it relates to it's residents and felt strongly that single family residential would not be appropriate in this area. The Mayor continued that the topography is not conducive to single family homes, the proposal does not meet tree preservation guidelines, there is not a suitable location for a park and, although there is a possibility of access from Hwy 55, that has not been determined to date. Mayor Egan opined that there are more than adequate grounds to deny this rezoning request. He felt the City should be committed to working with the land owner to come up with a feasible, working option for this site. He also noted he was uncomfortable going against the recommendations made by the Advisory Commissions. Councilmember Hunter noted that tree preservation guidelines are not a relevant issue regarding rezoning. He reiterated his opinion relative to access and park facilities and agreed that airport noise was a valid concern. Responding to a question by Councilmember Awada relative to placing a moratorium on development pending a study on the 105 acre triangular parcel, City Attorney Sheldon responded that a moratorium can be enacted by ordinance if the Council wishes to review the D-I1 Comprehensive Guide classification for the property, as well as the 105 acre triangular area which this parcel is a part. Mr. Sheldon continued that a review of the Comprehensive Guide Land Use Plan may also include a -eview of the present zoning of the 105 acres. Hunter moved, Wachter seconded a motion to approve a rezoning of 30.1 acres from A (Agricultural) and R-4 (Multiple) to R-1 (Single Family) located along the south side of Lone Oak Road, north of Highway 55 in the NE 1/4 of Section 12. Aye: 2 (Hunter, Wachter) Nay: 3 (Awada, Egan, Masin) The motion was denied. Eagan City Council Minutes 1..5-3 May 18, 1994 Page 9 Awada moved, Hunter seconded a motion to initiate a study, to be completed within one year, to review the D-II Comprehensive Guide Classification and the Comprehensive Guide Land Use Plan for the 105 acre triangular area. Aye: 5 Nay: 0 Awada moved, Masin seconded a motion to direct the City Attorney to prepare Findings of Fact and an Ordinance to enact a moratorium on development of the 105 acre parcel until the study is completed (up to and no longer than one year). Aye: 5 Nay: 0 WAIVER OF PLAT/FRANK H. RECHTZIGEL Mayor Egan introduced this item as a request for a Waiver of Plan in order to split Parcel 011-50, SW 1/4 of Section 21 into four parcels. City Administrator Hedges explained that this item appeared before the Advisory Planning Commission on April 26 and they are recommending approval. Community Development Director Reichert explained that this agriculturally zoned site is located along both sides of Deerwood Drive east of 1-35E The applicant is attempting to separate the northern portion from the southern portion of the site with the northern portion to be sold and platted for development by another party. The applicant has since revised his request to create four parcels; one on the north side of Deerwood Drive, one 5-acre parcel with approximately 106' of frontage along Deerwood Drive; a residual parcel between the 5-acre parcel and Deerwood Drive and the remaining 31.8 acres. Ms. Reichert continued that five acres was willed to the applicant, Frank Rechtzigel and the family trust governs the remaining property. Concerns raised with the current proposal for four parcels include the fact that the 3.4 acre southern parcel would not meet ie 5 acre minimum lot size for Agricultural zoning, the proposed 5-acre parcel does not have a 300' lot width and the driveway serving the 5-acre parcel containing the home actually connects to Deerwood Drive on the proposed parcel to the north. Director Reichert explained that if the five acres were reconfigured along the east side of the site, all City Code requirements would be satisfied (if the driveway was relocated) and this would eliminate the southern 3.4 acre parcel. After a brief history of the land by Gene Rechtzigel, Dan Sheridan, representing the 60 heirs of the estate, explained that they have a signed purchase agreement for the parcel to the south. In an attempt to close the estate as soon as possible, the applicant is asking that some different configurations be considered so that there will be the least financial impact to Frank Rechtzigel. Mr. Rechtzigel would like to continue to live on property where the house is and continue farming as long as he can without having to worry about potential assessments along Deerwood Drive that may impact him financially. Mr. Sheridan continued that they would like to be able to obtain this waiver of plat to provide for 5 parcels, proceed with the sale of the property to the south while allowing Mr. Rechtzigel to remain on the homestead property. Mayor Egan questioned why title could not be vested in the personal representative rather than the 60 heirs, which would simplify this process significantly. Mr. Sheridan responded that the personal representative, Gene Rechtzigel, is interested a five acre lot where he can remain with the house and pole building but the remaining 59 heirs want to see the balance of the land sold as soon as possible. Several alternatives were discussed and offered by the Council and staff relative to this parcel. Councilmember Hunter stated that Waivers of Plat are typically simple issues but stated that this request has gone beyond the limitation of what can be covered under a waiver. To do some of the things the applicant is requesting, Hunter continued, they would best be served by platting the property. Hunter continued that to focus the discussion on this issue it would be important to point out that the number of heirs and status of a potential sale are not germane to this issue. He added that this is the most complex waiver of plat request he has ever seen. Mr. Sheridan commented that the heirs are attempting to obtain one buyer so that title can be obtained to the whole parcel ,hich would eliminate the cost of any assessments that may be payable by the estate. Mayor Egan noted he did not understand how this applied to the waiver. Mr. Sheridan responded that the City Council has the discretion to approve a Waiver of Plat if a hardship is proved. He contended that providing a "ghost" plat would provide a hardship for the heirs of the property, therefore they are requesting a Waiver of Plat until the parcel can be sold and the new owner would then plat the land. Eagan City Council Minutes May 18, 1994 Page 10 0~.a Mayor Egan reiterated that in this case a waiver was not the norm; rather platting the property would be the norm. He indicated he did not see the hardship in this case. Community Development Director Reichert commented that an option would be to create three parcels which would allow for one parcel to remain with Mr. Rechtzigel with the other two could then. be identified for the heirs to make whatever agreements they so choose. Councilmember Wachter agreed that three parcels would simplify the issue. Councilmember Awada suggested providing a stovepipe access on the northeast corner of the parcel to allow for access to Mr. Rechtzigel's 5-acre parcel. Councilmember Hunter stated he was willing to consider a Waiver of Plat if there were not access issues, easement issues, first rights of refusal or land sale issues. After further discussion, Wachter moved, Hunter seconded a motion to approve a Waiver of Plat creating two parcels only; one on each side of Deerwood Drive. Aye: 5 Nay: 0 R-94.32 CONTRACT 94-03, RECEIVE BIDS/AWARD CONTRACT (BLACKHAWK ROAD & BLUE CROSS ROAD) City Administrator Hedges explained that a letter had been received by the Kramers, 3750 Blackhawk Road, relative to work that was being done adjacent to their property under Contract 94-03. Administrator Hedges noted that staff was reviewing the letter for the first time since it had just been delivered late in the afternoon. Director Colbert explained that the letter addresses impact to vegetation on the Kramer property. Mr. Colbert continued that the City Forester has met with the property owners, reviewed the work that would be done and the impact it would have to their property. Staff has explained to the Kramers that the trail that will be constructed will be site situated recognizing the value of the trees that may be impacted. The landscape replacement plan has also been shared with the Kramers. Director Colbert concluded that staff has done as much as possible prior to the construction of this trail. The street has been lowered collect drainage from the Kramer's property and with the trail being field constructed, vegetation will be replaced to mitigate any impact. Councilmember Hunter asked how close the trail was to the property. Director Colbert responded that it was 4 feet from the edge of curbing. Hunter commented that with Blackhawk Road being such a high use road he was concerned for potential litigation because the trail may be too close to the road. He stated the City would be remiss in trying to place a trail any closer to the road and commented on how much work staff has provided to make this project work. Councilmember Wachter indicated he wanted to meet with Mr. Kramer but did not get a response from him. Wachter stated he didn't think the project should be stopped based on these issues. Mayor Egan emphasized the fact that the bid for this project had come in under what was expected, thus lowering the amount to be assessed to homeowners. After further discussion, Hunter moved, Awada seconded a motion to receive the bids for Contract 94-03 (Blackhawk Road and Blue Cross Road - Street Reconstruction and Trail Improvements), award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay 0 REZONING/PRELIMINARY PLAT/WHISPERING WOODS 10TH ADDITION Mayor Egan introduced this item as a Rezoning of 6.2 AG (Agricultural) acres to an R-1 (Single Family) District, a Preliminary Plat, HiIIa, Inc., Whispering Woods 10th Addition, consisting of 14 lots and a Variance to allow a 10' front yard setback on Lots 3, 4, and 5, Block 1, located south of Slater Road, west of Storland Road in the SW 1/4. City Administrator Hedges explained that this item appeared before the Advisory Planning Commission on April 26 and after .ieir public hearing they are recommending approval. Eagan City Council Minutes May 18, 1994 ,a+ Page 11'-'~ Community Development Director Reichert noted that Hilla Inc. is requesting rezoning and a Preliminary Plat for property located south of 125th Street and west of the proposed Slater Road in the SW 1/4 of Section 31. Director Reichert added that staff has been working with developers of both this proposal and Cedar Heights Addition, as well as the City of Burnsville to formalize the alignment of Slater Road. Slater Road is planned to connect as a collector street with the existing Burnsville Parkway. There currently is a sidewalk on the north side of Burnsville Parkway which is planned to continue along the west side of Slater Road. Scott Hilla explained that they have been working cooperatively with the cities of Eagan and Burnsville as well as Heritage Development to provide for the alignment of Slater Road with Burnsville Parkway. Mr. Hilla continued that he is planning that this development will be compatible with other developments in the area and would be happy to respond to any questions the Council may have. Councilmember Wachter asked how much of the hill would be cut down. Mr. Hilla responded that approximately 10 feet would be taken but that fill would most likely be placed on site for balance. Wachter asked what the impact of freeway noise would be on this site. Director Reichert responded that that issue will tie in with the Cedar Heights development which the Council will be reviewing as the next agenda item. In response to a question relative to tree removal, Director Vraa stated that there were a total of 218 significant trees and of that total, 27 trees (12.4%) would be removed during initial grading. The allowable percentage of removal under the Tree Preservation Guidelines, Vraa continued, is 25%. Councilmember Awada congratulated Scott Hilla for a fine extension of his current development. Mayor Egan commented on the good cooperation between Burnsville and Eagan to provide this link between the communities. Wachter moved, Hunter seconded a motion to approve the request for Rezoning from Agricultural to R-1 single family. Aye: 5 Nay: 0 Wachter moved, Hunter seconded a motion to approve this Preliminary Plat subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council Action on February 3,1993 shall be complied with: Al, 131, B2, B3, B4, C1, C2, C3, D1, El, F1, G1,and H1 2. Individual lot tree preservation plans shall be provided at the time of building permit application. 3. Whispering Woods Addition shall be subject to all State wetland regulations. 4. The development shall be subject to the City's Water Quality Ordinance. 5. The storm sewer line in Slater Road shall discharge into the wetland in the backyard area of Lots 3, 4 and 5 of Block 1 and the wetland shall be expanded to 0.25 acres at the NWL. 6. The watermain layout shall include a 6' watermain stub to the east along the orth edge of Lot 1 of Block 2 that will provide a loop to the Cedar Heights development. 7. Street access for Lot 11 of Block 1 shall be provided off the stub street Whispering High Road rather than Slater Road. Aye: 5 Nay: 0 Wachter moved, Hunter seconded a motion to approve the 10' variance to the 30' front yard setback from Slater Road for '.ots 3, 4, and 5, Block 1. Aye: 5 Nay: 0 A 71s r", Eagan City Council Minutes 0'" a ""'o May 18, 1994 Page 12 REZONING/PRELIMINARY PLAT/CEDAR HEIGHTS Mayor Egan introduced this item as a Rezoning of 17.7 AG (Agricultural) Acres to an R-1 (Single Family) district and a Preliminary Plat, Heritage Development, Cedar Heights, consisting of 39 lots, located south of Storland Road, east of Slater Road in the SW 1/4 of Section 31. City Administrator Hedges noted that the public hearing was conducted at the April 26 Advisory Planning Commission meeting Community Development Director Reichert explained that this development is on the east side of Slater Road across from the Whispering Woods 10th Addition. She noted that the Advisory Planning Commission had reviewed this development in conjunction with Whispering Woods 10th and added two conditions of plat approval. Condition 12 was that the developer was to meet with the neighborhood residents , if they requested, prior to the May 18 City Council meeting and Condition 13 provided for a land covenant to be recorded by the developer that prohibits outdoor storage within the turn-around areas of the driveways for Lots 1, 2 and 3 of Block 2. John Dobbs of Heritage Development reiterated that he has been working with Scott Hilla, the cities of Burnsville and Eagan as well as MnDot to make this a workable plan. Heritage is hopeful they can work out an arrangement with MnDot to allow for a larger berm and landscaping to buffer this area from the freeway. Mr. Dobbs noted that MnDot has looked favorably on the conceptual plan and indicated they are willing to work with Heritage to try to resolve this issue. Judy Rusten, 2187 Storland Road stated she was sad to see this area develop. She asked if Slater Road would in fact connect to Burnsville Parkway. Director Colbert responded that they would if the plats were approved. Ms. Rusten expressed her desire to have the lots in Cedar Heights the same size as those in Whispering Woods. She felt there were too many homes for this acreage. In response to a question relative to square footage of the lots, Mayor Egan responded that the average size was 16,298 sq. ft. Councilmember Wachter stated he felt the berm between the homes and Cedar Avenue was the biggest issue and asked vhen the developer thought MnDot would approve the berm on their property. John Dobbs responded that MnDot had indicated an internal review process of 1-2 months plus the paperwork which would be required. Councilmember Wachter asked if MnDot would prohibit fill being placed on their property without their prior approval. Mr. Dobbs responded that he can build a berm now without MnDot approval, however, he would prefer that it be larger, in which case their approval would be required. The developer will, in either case, provide additional landscape screening as appropriate. Councilmember Hunter commented on the concerns expressed by the Advisory Parks, Recreation and Natural Resources relative to tree loss, wetlands and water quality issues. Director Vraa responded that the Natural Resources Subcommittee reviewed this item prior to the May Advisory Commission meeting and the Commission recommended approval. Shawn Hunter added that there always appears to be a balancing act to try to weigh tree loss vs, water quality. Councilmember Masin also expressed her concern about tree loss. She asked if the city could obtain input from other areas in the country relative to their tree preservation policies. After further discussion, Hunter moved, Awada seconded a motion to approve the Rezoning of 17.7 acres from Agricultural to R-1 (Single Family) for the Cedar Heights Addition. Aye: 5 Nay: 0 Hunter moved, Awada seconded a motion to approve the Preliminary Plat subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council Action on February 3,1993 shall be complied with: Al, B1, B2, B3, B4, C1, C2, C3, C4, D1, El, Fl, G1, H1 2. A variance of 243.9' to the maximum cul-de-sac length be approved as a part of this plat. 3. The landscaping shall be subject to the same requirements as outlined in Chapter11.10 Subd.15B.3 a - e. 4. The landscape plan shall be revised to indicate City Code minimum species size requirements. 5. Cedar Heights Addition shall be subject to all State wetland regulations. 6. The development shall be subject to the City's Water Quality Ordinance. Eagan City Council Minutes May 18, 1994 Page 13 7. The developer will be responsible for submitting detailed plans and specifications for the construction of the retaining wall for staff review prior to issuance of a grading permit. 8. The developer shall add a 6-foot high berm to the backyard area of Lot 16 and 17, Block 2, to help screen the adjacent I-35E. 9. Street access to Lot 3, Block 1, and Lot 4, Block 2, shall be provided to Marilyn Avenue rather than Slater Road. 10. The driveways for Lots 1, 2 and 3, Block 2, are shown to have direct access to Slater Road and these driveways shall include a turn-around to keep the cars from backing out onto Slater Road. 11. The proposed development shall meet the tree preservation requirements of the Parks, Recreation and Natural Resources Commission findings. 12. A land covenant must be recorded by the developer that prohibits outdoor storage within the turn-around areas of the driveways for Lots 1, 2 and 3 of Block 2. Aye: 5 Nay: 0 PRELIMINARY PLAT/DLJ ASSOCIATESNILLAS OF VIOLET LANE Mayor Egan introduced this item as a Preliminary Plat, DLJ Associates, Villas of Violate Lane,consisting of 14 lots for seven duplex buildings on 4.6 previously zoned R-2 (Double) acres, located along the west side of Federal Drive, south of Violet Lane, in the NE 1/4 of Section 16. Administrator Hedges explained that the Advisory Planning Commission had conducted a public hearing on this matter at their April 26 meeting and are recommending approval of the preliminary plat. Community Development Director Reichert identified the location of this proposal in relationship to the potential ring road. Some of the issues identified by the Planning Commission included the desire to provide for curb and gutter in areas that serve more than four units and to have landscaping and berming provided on the south side of the property as a buffer from the residential area to the south. Greg Frank, representing the developer indicated that landscaping on the south side of the property is in place but closer to the buildings,which they feel is sufficient. He indicated that the distance between the single family homes and the nearest building is approximately 180 feet. Mr. Frank showed the elevations of the project explaining that the townhomes are situated at an elevation significantly higher than the single family homes resulting in a site line that should not impact the single family homes. Relative to curb and gutter, Mr. Frank indicated this requirement would apply to those twinhomes fronting Federal Drive. If that remained a condition, Mr. Frank continued, the applicant would consider moving access for Lots 1 and 2 onto Federal Drive. David Johnson, the applicant, explained the twinhomes he was proposing would be priced within the $130,-160,000 range with the anticipated market being empty nesters of older baby-boomers. He reiterated their interest in being good neighbors to the single family residential area to the south. Councilmember Wachter commented that if curbs were deleted additional trees could be planted to provide more of a buffer to the south. Mr. Johnson responded that 98 trees will be planted to enhance the site, which they feel is sufficient. Resident of 1491 Federal Court indicated he was amenable to owner occupied twinhomes but wanted to see as many trees kept as possible. He continued that he would like to see the east 20 feet of the southern border be maintained. He also felt that any new homeowners in this development should be made aware of the potential ring road. Eagan City Council Minutes 4J(. j May 18, 1994 Page 14 After discussion relative to a fence vs. plantings on the southern border of the property, Mr. Johnson responded that he would prefer to provide trees along with a berm rather than provide for a fence. Councilmember Awada commented that the more landscaping that could be provided to the south the better this development would appear. She stated if the developer was willing to provide this additional landscaping, she would be willing to forgo the requirement for curb and gutter. Awada moved, Hunter seconded a motion to approve a preliminary plat, consisting of 14 lots for seven duplex buildings on 4.6 acres zoned R-2, located along the west side of Federal Drive, south of Violet Lane in the NE 1/4 of Section 16, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council Action on February 3,1993 shall be complied with: Al, B1, B2, B3, 84, C1, C2, C3, D1, El, F1, G1, and H1 2. The developer shall be responsible for preparing and recording with the plat, appropriate documents establishing a homeowner's association. The documents must be submitted and approved by the City Attorney's office prior to final plat approval. Transfers of common areas to the homeowner's association shall be recorded with the plat. 3. The landscape plan shall be revised to incorporate a continuation of the perimeter screening/buffer along the south property line. 4. All landscaped and green areas shall be served by underground irrigation. 5. All trash/recycling containers shall be stored in individual garages. 6. Maintenance free building exteriors are required. 7. This plat is subject to a cash park land and cash trails dedication. 8. This plat is subject to a cash water quality dedication. 9. The developer is required to plant 24 Category B Q 48 Category C trees in addition to required landscaping provided. 10. The developer provide a revised Tree Preservation Plan which identifies measures to protect remaining trees and identifies size, species and location of all replacement trees. 11. Additional storm sewer is required to intercept site generated runoff from the southerly portion of the site and convey the runoff to the storm sewer proposed along the westerly side of the site. 12. This development shall dedicate 1250 s.f. of right-of-way in the southwest corner of Federal Drive and Violet Lane. 13. Add landscaping will be required to create a berm on Lot 1, Block 1. Aye: 5 Nay: 0 VARIANCE/TWINHOME EXTERIORS Mayor Egan introduced this request for a 5' variance to the 10' side yard dwelling unit setback for Lot 24, Block 2, Berkshire Ponds. After a brief background by Administrator Hedges, Community Development Director Reichert explained that this property is located along the west side of Covington Lane, north of Safari Trial. Ms. Reichert continued that the Berkshire Ponds Planned Development, created in 1984, allowed for deviations from R-1 zoning district minimum lot size of 12,000 s.f. and 85' lot width equirements, however no other ordinance deviations were to be allowed as a condition of the plat. The homeowner is asking to be able to turn an existing deck into a three-season porch and have indicated their hardship is the narrowness of the lot. Eagan City Council Minutes May 18, 1994 Page 15 Councilmember Awada asked if the porch was going to be screened only over an existing deck. Scott Shikowsky .idicated that was the case. Councilmember Hunter asked if the neighbors had expressed any opposition to this proposal. Both Mr. Shikowsky and Jerry Hazard of Twintown indicated there were no objections from the neighbors. Mr. Hazard indicated that in addition to the screening, additional footings would be poured to support the roof on the porch. Wachter moved, Awada seconded a motion to approve a 5 foot variance to required 10 foot dwelling unit side yard setback. Aye: 5 Nay: 0 VARIANCE/GEORGE ZIRNHELT After Mayor Egan introduced this item and City Administrator Hedges provided some background, Community Development Director Reichert explained that George Zirnhelt is requesting a variance to waive the 50' minimum lot width for the northern portion of Lot 17, Zehnder Acres located north of Lone Oak Road and south of Skyline Path. Ms. Reichert continued that Mr. Zirnhelt does not want a shared drive and is not able to get access from Lone Oak Road. Councilmember Wachter stated it appears this is the only option to provide access to this lot and expressed his support for the variance. After further discussion, Hunter moved, Wachter seconded a motion to approve a variance to waive the minimum lot width requirement for the northern portion of Lot 17, Zehnder Acres, subject to subdividing the property. Aye: 5 Nay: 0 SIDEWALK POLICY After Mayor Egan introduced this item, Administrator Hedges explained that this sidewalk policy issue was based on a request by parents of a handicapped child who needed to access the neighborhood and school in his wheelchair. Mayor Egan commented that the policy provided by staff appeared to be well thought out. Councilmember Hunter asked it was consistent with how street lighting requests are handled. Director Vraa indicated that it was the same policy. Hunter moved, Wachter seconded a motion to approve and adopt a policy relative to the installation of sidewalks in residential areas which causes sidewalks to be assessed against benefiting properties. Aye: 5 Nay: 0 LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE Councilmember Hunter noted that the Dakota County League of Governments recent meeting was well attended. The Dakota County Economic Development Partnership, he continued, has drafted extensive by-laws, with part of the partnership to include options to work with private enterprises. Some interesting information that came from the meeting was that Lakeville provides for appraisals both before and after assessments. As substantiation, they video the infrastructure that needs to be repaired/replaced prior to public hearings to provide more information to the public. It appears, Hunter continued that this has worked very successfully for them. Hunter commented that some cities have used the community development block grant to offset special assessments for qualified low-income residents. WKWUSYMOWN RATIFICATION CEDARVALE SPECIAL SERVICE DISTRICT ORDINANCE Mayor Egan introduced this item explaining that following the public hearing and signing of the special service district legislation included in the Omnibus Tax Bill, the City Council should now adopt an ordinance consistent with the law which was passed. Awada moved, Hunter seconded a motion to approve an amendment to the City Code establishing Eagan's Special Service District Number 1 for the Cedarvale Retail Area, as presented. Aye: 5 Nay: 0 PRIVATE USE OF CITY FLAGS City Administrator Hedges reviewed a recent request from a local bank asking to purchase a City flag to fly with the Minnesota and U.S. flags at their location within Eagan. Hedges continued that the position of the City in the past is that the logo cannot be used on stationary or advertisements. Eagan City Council Minutes 0C' 1 15 a May 18, 1994 Page 16 Mayor Egan felt purchasing and flying an Eagan flag was an appropriate request and had no problem with it. Administrator ledges indicated that after checking, it was found that the City logo has not been trademarked. City Attorney Sheldon noted that the City could not restrict use of the flag without a trademark. Councilmember Awada suggested investigating obtaining a trademark for the logo and then sell flags to Eagan residents and/or businesses who would like to fly it. PROPOSED PONDVIEW ADDITION VACATION/ENGLERT ROAD CUL-DE-SAC Mayor Egan explained that this was a proposal from the Pondview addition to vacate a portion of the existing Englert Road right-of-way located at the westerly terminus of Englert Road adjacent to I-35E. Hunter moved, Egan seconded a motion to receive the petition requesting the vacation of excess right-of-way at the westerly terminus of Englert Road adjacent to 1-35E and schedule a public hearing for June 7, 1994. Aye: 5 Nay: 0 PROJECT #660 REVIEW SPECIAL ASSESSMENT APPRAISAL RESULTS WILDERNESS RUN 1-4TH ADDITIONS-STREET REHABILITATION After introduction of this issue by Mayor Eagan, Director Colbert explained that the assessment appraisal process for Wilderness Run 1-4 Additions has been completed. The Council is being asked to consider authorizing a revision to the preliminary assessment roll and distribution notices to the affected property owners. The anticipated pending assessment was expected to be $3,500 but it has been reduced to a maximum of $2,500. Hunter moved, Wachter seconded a motion to acknowledge the completion of this assessment appraisal process for Project 660 (Wilderness Run 1-4 Additions) and authorize staff to schedule consideration of revising the pending assessment roll accordingly on June 7th. Aye: 5 Nay: 0 NZASWRIM, Director Colbert indicated that an escrow agreement with MWCC has been requested to inspect the sewer siphon line from Bloomington. This line will impact Nicols Road as it finds it's way up Nicols Road to the railroad tracks and proceeding northeast to the Seneca plant. The agreement will provide that MWCC will reimburse the city for all expenses incurred relative to this project. Hunter moved, Awada seconded a motion to enter into an agreement with MWCC relative to the sewer siphon line from Bloomington to Seneca. Aye: 5 Nay: 0 Director Colbert brought the Council's attention to a recent collision at the intersection of Lexington Avenue and Wilderness Run Road. This accident has heightened the safety concerns for this intersection because of the increased volume of vehicular traffic coupled with the pedestrian cross walk. Staff is looking for a recommendation from the Council to research the need for traffic control at this intersection. After further discussion, Wachter moved, Masin seconded a motion to authorize a study on safety issues at the intersection of Lexington Avenue and Wilderness Run Road. Aye: 5 Nay: 0 Administrator Hedges noted that there were four D.A.R.E. graduations upcoming at local elementary schools and asked Councilmembers to let him know which of the events they would be able to attend. Director of Parks and Recreation Vraa updated the Council on recent recreation program registration. He noted that Saturday, May 14 was the first day for summer program registration which resulted in approximately 1,750 registrations. This has been followed by an additional 300 registrations per day on Monday, Tuesday and Wednesday. As an accommodation to the public and an experiment for the city, Parks and Recreation expanded their hours of operation from 7 AM to 6 PM this week `ollowing registration. The feedback from the public has been very positive and staff has experienced a number of questions dative to other department business. Councilmember Awada indicated her support for extended hours to provide more accessibility to Eagan residents. Administrator Hedges reiterated that staff is looking at this opportunity to provide services to the public and will continue to research the best options to provide for them. Councilmembers Wachter and Masin expressed their support for extended hours as well and suggested that remaining open until 8 PM on City Council evenings may be an option. OU If- Eagan City Council Minutes May 18, 1994 Page 17 Director Vraa also indicated that Walker Lee Ashley has started to aggressively interact with the youth at Wescott Commons and recently initiated a clean-up day that resulted in 93 youth participating to fill a one ton truck with garbage. With the beginning of construction of the park at Wescott Commons and Walker Lee's involvement to date, there are some very positive things happening in this community, Vraa commented. Councilmember Masin asked if the City could obtain other tree preservation policies. She felt that a comparison of other communities, not necessarily in the Twin Cities area, might be beneficial. Director Vraa indicate he would be willing to pursue that information. Administrator Hedges commented on the successful Council retreat recently held. Councilmember Wachter stated that a lot of things were accomplished at the retreat. Wachter continued that the City formally has an Eagan Historical Society. Gail Roberts from the State Historical Society was present at the recent History Committee meeting as well as a representative from the Dakota County Historical Society. Councilmember Wachter is the Chair of the Eagan Historical Society with Gail Roberts serving as Vice Chair and Elizabeth Kennealy as Secretary and Treasurer. Wachter asked if there would be a space in the new entrance of City Hall for the Historical Society to display items and information. Mayor Egan indicated he had received questions on the status of changing school district lines within the City. Administrator Hedges responded that staff resources are not available at this time to provide the background information on tax base, demographics, etc. however an Eagan resident has volunteered his time to access the data from Dakota County. One the information has been retrieved it will be analyzed but Administrator Hedges cautioned about the expectation level that will be built. Mayor Egan reiterated his interest in making sure that a realistic expectation was provided so there would not be an expectation within the community that could not be achieved. Councilmember Masin asked if regular updates and input could be provided on this issue. Councilmember Hunter commented that the City of Lakeville video tapes several projects before, during and after construction to help substantiate need as well as to document progress on projects. As an example they, video existing onditions of infrastructure that may need to be repaired/replaced to help residents better understand what work actually needs to be done. Mayor Egan commented on the beauty of South Oaks Park during the Arbor Day event. He added that he was amazed by the beauty of all of Eagan's parks in general. Wachter moved, Egan seconded a motion to approve the checklist dated May 12, 1994 in the amount of $1,227,802.39. Aye: 5 Nay: 0 UXi The regular meeting of the Eagan City Council was adjourned at approximately 11:50 PM. CM/JP CITY OF EAGAN OIF401~4LI6-1 E. anOverbeke City erk If you need these minutes in an alternative form such as large print, braille, audio tape, etc., please contact the City of Eagan, '830 Pilot Knob Road, Eagan MN 55122, (612) 681-4600 (TDD phone: (612) 454-8535). he City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status orstatus with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid.