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06/07/1994 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota June 7, 1994 A regular meeting of the Eagan City Council was held on Tuesday, June 7, 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. AGENDA City Administrator Hedges noted that there were no changes to the Agenda. Councilmember Hunter moved, Councilmember Awada seconded a motion to approve the agenda for the June 7, 1994 regular City Council meeting. Aye: 5 Nay: 0 MINUTES Minutes of May 18, 1994 Regular City Council Meeting Councilmember Hunter noted that he was not present at the special meeting of April 12, 1994, his name should be removed from the attendance list. Councilmember Hunter noted that several changes should be made to the Minutes of May 18, 1994, meeting. On the Page 8, third paragraph, third line, the statement where it says lack of suitability should be changed to "the same topographical concerns." Halfway through the third paragraph it should read "that even though there is no park proposed for this site, to plan for a park on the 105 acre triangle." Furthermore, the sentence which mentions access concerns, should reflect that "it is not provided as proposed but a reasonable plan for future access is given." On page 15, under LEGISLATIVE INTERGOVERNMENTAL AFFAIRS UPDATE, it should be added that some cities have used the community development block grant to offset special assessments for qualified low-income residents. Councilmember Wachter noted that on page 17, it should be noted that a Ms. Elizabeth Kennealy is Secretary and Treasurer. Councilmember Hunter moved, Awada seconded, a motion to approve the Minutes of the May 18, 1994, regular City Council meeting as amended. Aye: 5 Nay: 0 Minutes of May 18, 1994, City Council Workshop Councilmember Wachter moved, Hunter seconded, a motion to approve the Minutes of the May 18, 1994 City Council Workshop. Aye: 5 Nay 0 Minutes of May 3, 1994, City Council Workshop In the first paragraph, the name should be changed to the Golf Driving Range. Under the wading pool discussion, Councilmember Wachter mentioned that the wading pool should anticipate necessary space for an all-season pool and that it should be strategically located. Councilmember Wachter moved, Awada seconded, a motion to approve the Minutes of the May 3, 1994 City council Workshop, as amended. Aye: 5 Nay: 0 Minutes of April 28, 1994, City Council Workshop Mayor Eagan moved, Wachter seconded, a motion to approve the Minutes of the April 28, 1994, City Council Workshop. Aye: 5 Nay: 0 DEPARTMENT BEAD BUSINESS Councilmember Wachter raised the question whether the City could raise money by selling its own bonds. City Administrator Hedges said that he and his staff would like to explore this option and will determine the feasibility of the City selling its own bonds. Councilmember Wachter raised the issue of plastic street signs, instead of the metal type and whether they would be more economical. The Director of Public Works, Tom Colbert, responded by saying that he and his staff would check into this possibility. Councilmember Wachter raised the possibility of putting names of individuals whom have not paid their past due taxes on cable television. A question was asked whether any reports on the Green Acres Project had been produced. The Director of Community Development, Peggy Reichert, said this information is partially completed. RECOGNITION Mayor Eagan noted that the city should recognizee the residents who participated in the Normandy Beach invasion. CONSENT AGENDA In regard to Item I. Resolution and Findings of Facts, Denial of Rezoning of 30.1 Acres From R-4 to R-1 Located South of Lone Oak Road and North of Highway 55, Councilmember Wachter noted that he was not -2- r _IL going to vote in favor. Mayor Egan asked City Attorney Sheldon whether the Council should discuss the letter that it had received from Marrell Inc.'s attorney. Attorney Sheldon then noted that this letter merely is a stipulation of facts. Mayor Egan noted that the letter from Marrell Inc.'s attorney will be reviewed at a later time. Councilmember Hunter also mentioned that he will join Wachter in not voting to approve Item I of the Consent Agenda. In regard to Item L. License, Massage Therapist - Laceson Town, Kokomo Tan, Cliff Lake Center Councilmember Wachter inquired about the extent of the massage licenses and whether they were given to individuals prior to Council approval. Administrator Hedges noted that this matter would be looked into. In regard to Item M. Contract No. 94-06 Receive Bids/Award Contract (Wilderness Run 1st-4th Additions, Street Rehabilitation), Councilmember Hunter noted that this Rehabilitation Project came in one-third lower than the feasibility report indicated, consequently, the assessments should be lowered from $3,500.00 to approximately $2,500.00. In regard to Item N. Project 660, Revise Pending Assessment Roll/Order Final Assessment Hearing, Street Rehabilitation, Public Works Director Colbert noted that the City Attorney's Office, following an appraisal process, is recommending that the pending assessment be revised to reflect a maximum assessment of $2,500.00 per single family residential lot equivalent. Councilmember Masin questioned whether a homeowner wishing to pay now could get a refund if the costs are lower than $2,500.00. Public Works Director Colbert indicated he would look into the possibility. In regard to Item S. Project 656, Receive Feasibility Report/Order Public Hearing (Cedarvale Access Improvements - Silver Bell Road and T.H. 13), Administrator Hedges noted that the feasibility report should be continued to the June 21, 1994, City Council meeting. In regard to Item V. Ordinance Amendment to Chapter 11 - Land Use Regulations (Zoning) By adding Section 11.04. Interim Use: Study Area and by Adopting by Reference Eagan City Code, Chapter 1 and Section 11.99, Mayor Egan noted that this issue was earlier discussed regarding the letter received from the Marrell Inc.'s attorney. Councilmember Hunter inquired whether it would be reasonable to shorten up this moratorium to a time period of less than one year. Community Development Director Reichert noted that it was her intention to draw something up by the end of the summer or early fall. Councilmember Wachter indicated that he was not in favor of the moratorium. Councilmember Awada mentioned that she was generally in favor of commercial development and that she would not like to see the developer unnecessarily delayed. -3- A. Personnel Items Item 1. Seasonal street maintenance workers--It was recommended that Ryan Trullinger and Jeremy Olson be hired as seasonal street maintenance workers. Item 2. Seasonal street/ equipment maintenance worker--It was recommended that Wayne Butor be hired as a seasonal street/equipment maintenance worker. Item 3. Seasonal park maintenance workers--It was recommended that Rolf Simonson and Duane Barton be hired as seasonal park maintenance workers. Item 4. Seasonal utility maintenance worker--It was recommended that Darren Wilke be hired as a seasonal utility maintenance worker. Item 5. Seasonal recreation assistants--It was recommended that Shannon Haugh, Heather Kjos, Chris Larson, Kimberly Larson, Jonelle Nevanen, Colleen O'Shaughnessy, Joan Smebakken, Lynne Smebakken, Robin Stubblefield, Julie VandeWalker, Mark Wahistrom and Kristin Wishy as seasonal recreation leaders and of Carolyn Beecher, Martha Buyck, Deborah Gretsfeld, Jasen Groff, Eva L'Herault, Derrick Hoffman, Michelle Huss, Allison Johnson, Charles McCarty, Keri Muench, Tracey Muench, Angela Orton, Patricia Valusek, John Wahistrom and Stephanie Zeitz be hired as seasonal recreation assistants. Item 6. Reorganization of Community Development Positions--It was recommended that the position of Assistant Chief Building Official be eliminated, that Bill Bruestle's title be changed to Senior Inspector and that Dale Schoeppner be appointed as Senior Inspector. Item 7. Student internship--The Council was informed that John Devine III will be fulfilling a student internship in the Parks & Recreation area during the summer months. Item 8. Administrative secretay--It was recommended that Diane Palmersheim be hired as Administrative Secretary. Item 9. Streets/ equipment maintenance worker resignation--It was recommended that the resignation of Bill Gallagher be accepted and that approval be given to fill the position of maintenance worker in the Streets/Equipment Division. B. Licenses. Plumbers It was recommended that the plumbers' licenses for Anderson Mechanical Inc., Best Plumbing & Heating, K & K Heating & Plumbing Inc., Krumholz Company Inc., Larson Plumbing & Heating Inc., M & W Water & Sewer Inc. and Minnesota Mechanical of Minneapolis-St Paul Inc. be approved as presented. -4- !f tf-' C. Pause for Pledge of Allegiance Proclamation It was recommended that a proclamation setting 7:00 p.m. on Tuesday, June 14, 1994, to be the Pause for the Pledge of Allegiance be approved. R-94.33 D. Adoption. Amended MVTA Joint Powers Agreement It was recommended that the amended MVTA Joint Powers Agreement be adopted. E. Resignation. Advisory Parks. Recreation and Natural Resources Commission member It was recommended that the resignation of Erin Ipsen- Borgersen from the Advisory parks, Recreation & Natural Resources Commission be accepted. F. Special Use Permit. Pahl's Market Temporary Vegetable Stand It was recommended that a special use permit for Pahl's Market to allow the temporary sale of fruits and vegetables on the southwest corner of Dodd and Cliff Roads be approved as presented. G. Resolution and findings of fact, denial of comprehensive Guide Plan amendment. Good Value Homes R-94.34 It was recommended that the resolution and finding of facts for the denial of the 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 be approved. H. Resolution and findings of fact. denial of Comprehensive Guide Plan amendment. Centex Homes It was recommended that the resolution and finding of facts for the denial of the comprehensive guide plan amendment for 19.52 acres located south of Town Centre Drive and east of Yankee Place in the northeast quarter of Section 15/Centex Homes be approved. R-94.35 I. Resolution and findings of fact, denial of rezoning. Marell Incorporated It was recommended that the resolution and finding of facts for the denial of the rezoning of 30.1 acres from R-4 (Multiple) and A (Agricultural) to R-1 (Single Family) located in the northeast quarter of Section 12 for Marrell, Inc. be approved. R-94.36 J. Ratification. DTED Resolution. Badger Bazen/Lull Engineering Grant It was recommended that the resolution supporting the grant application to the Department of Trade & Economic Development for Lull Engineering be ratified. R-94.37 -5- 06111 K. Standing Approval for First Trust to Process Bonds of Indemnity It was recommended that standing approval for First Trust to process Bonds of Indemnity be approved. L. License. Massage Therepist, Kokomo Tan It was recommended that a massage therapist license for Laceson Town to perform therapeutic massage at Kokomo Tan in Cliff Lake Center be approved. M. Contract 94-06. Receive Bids/Award Contract (Wilderness Run 1st - 4th Addition) It was recommended that the bids for Contract 94-06 (Wilderness Run 1st-4th Additions - Street Rehabilitation) be received and the contract be awarded to McNamara Contracting in the amount of $424,370.25 and the Mayor and City Clerk were authorized to execute all related documents. N. Project 660, Revise Pending Assessment Roll/Order Final Assessment Hearing (Wilderness Run 1st - 4th Addition) It was noted that the property appraisal process for Project 660 (Wilderness Run 1st-4th Additions, Street Rehabilitation) was complete and it was recommended that the revision of the pending assessment roll to reflect a maximum assessment of $2,500 per single-family residential lot equivalent be authorized. 0. Project 674. Receive Petition/Authorize Feasibility Report (Violet Lane) It was recommended that the petition be received and the preparation of the feasibility report for Project 674 (Violet Lane - Streets and Utilities) be authorized. P. Contract 94-05 Receive Bids/Award Contract (Dodd Road) It was recommended that the bids for Contract 94-05 (Dodd Road - Street & Trails) be received and the contract be awarded to McNamara Contracting, Inc. in the amount of $716,739.75 and the Mayor and City Clerk were authorized to execute all related documents, subject to written State Aid approval. Q, Project 661R. Receive Revised Feasibility Report/Order Public Hearing (Sibley Terminal Industrial Park Street Rehabilitation) This item was pulled from consent and was acted upon seperately below. -6- R. Proiect 673, Receive Feasibility Report/Order Public Hearing (T.H. 3/School Road) It was recommended that the feasibility report for Project 673 (T.H.3/School Road-Streets and Utilities) be received and a public hearing be ordered to be held on July 5, 1994. S. Project 656, Receive Feasibility Report/Order Public Hearing (Cedarvale Access Improvements) It was recommended that the feasibility report for Project 656 (Cedarvale Access Improvements - Silver Bell Road and T.H.13) be continued to the June 21 City Council meeting. T. Project 672. Approve Resolution/Agreement - Financial Participation (T.H. 3/Cliff Road Signal) It was recommended that a resolution/agreement for financial participation with the Soo Line Railroad and MnDOT for Project 672 (T.H.3 and Cliff Road - Signalization) be approved and the Mayor and City Clerk were authorized to execute all related documents. U. Ordinance. Community Investment Fund Ordinance/Policy It was recommended that the revised community investment fund ordinance and operational policy be approved. V. Ordinance Amendment to Chapter 11 Land Use Regulations It was recommended that an ordinance amendment to Chapter 11, Land Use Regulations (Zoning) by adding Section 11.04, Interim Use: Study Area and by adopting by reference Eagan City Code Chapter 1 and Section 11.99 be approved. W. Authorization. Request for Proposal. Lexington Meadows It was recommended that the RFP for the sale of the Lexington Meadows Subdivision be approved and distribution of the document to potential purchasers be authorized. -7- Councilmember Hunter moved, Egan seconded, a motion to approve the Consent Agenda noting, Councilmember Hunter and Wachter voting no on Item I. Aye: 5 Nay: 0 Project 661R. Receive Revised Feasibility Report/Order Public Hearing (Sibley Terminal Industrial Park/Street Rehabilitation) Tim Herman spoke on behalf of business and property owners who would be affected by the proposed street rehabilitation project. Mr. Herman noted that he and his coalition have never disputed the fact that this rehabilitation is necessary. However, their main concern is that there may be causes other than natural wear which may have caused the disintegration of this area under consideration for rehabilitation. Mayor Egan noted that a report existed which indicated the extent of maintenance which the City has done on this street over its entire existence and that upon looking at this report it would seem that the City was not negligent in any way in maintaining the street. Mr. Herman then indicated that he and the people he represents would like to find out who did the patch work on Yankee Doodle Road in order to determine whether repairs had been done negligently. Councilmember Hunter indicated that he and the rest of the Council had inspected Yankee Doodle Road and that the area which has been patched is very small in comparison to the entire area that needs work. Councilmember Masin noted that Yankee Doodle Road was built in 1970 and that perhaps its useful life had been extinguished at this point. Mayor Egan then noted that the determination of who is at fault is premature and that the issues at this stage is to determine the feasibility in regard to the financial burden of this Project and also the engineering feasibility. Councilmember Hunter moved, Wachter seconded, a motion to approve the feasibility report for Project 661R (Sibley Terminal Industrial Park Street Rehabilitation) and order a public hearing on July 5, 1994. Aye: 5 Nay: 0 Public Hearings Vacate Drainage and Utility Easement (Lot 1. Block 1. United Stationers Addition) Mayor Egan introduced this item as Vacation/Lot 1, Block 1, United Stationers Addition. City Administrator Hedges provided introductory comments and noted that on May 3, 1994, the City Council received a petition to vacate a portion of a drainage and utility easement and scheduled a public hearing. All notices have been published in the legal newspaper and sent to all potentially interested parties. As of this date, Public Works Director Colbert noted, the staff has not received any objections to the proposed vacation. However, the City staff has identified a concern with the ability to construct a 60-inch diameter storm sewer pipe along the southeast edge of the proposed building expansion that will result -8- ~ :.j"1 Z . with the vacation of this easement. Subsequently, the developer has agreed to construct 320 feet of this storm sewer pipe in consideration of waiving the water quality dedication fee. This storm sewer would serve as a water quality bypass routing industrial storm water through a detention basin prior to discharging it into Fort Snelling State Park and the Minnesota River Valley. Councilmember Wachter moved, Awada seconded, a motion to close the public hearing and approve the vacation of a portion of utility easements over Lot 1, Block 1, United Stationers Addition as described and to execute all related documents. Aye: 5 Nay: 0 Vacate Right-of-Way (Old Sibley Memorial Highway - West of Cedar Freeway) Mayor Egan introduced this item, as a Vacation of a portion of Old Sibley Memorial Highway - West of Cedar Freeway. City Administrator Hedges noted that in a response to a petition submitted by an adjacent property owner, the City Council scheduled a public hearing to consider vacating excess public right-of-way on the north side of Old Sibley Memorial Highway near the Burnsville border where the new T.H. 13 alignment was constructed for the Cedar Freeway Interchange. All notices have been published in the legal newspaper and sent to all potentially interested parties. Public Works Director Colbert received a response from U.S. West expressing concerns for protecting their existing facility within the right-of-way to be vacated. The following language should be incorporated into the Council Resolution affecting this vacation: "Whereas, all persons, corporations, and municipalities owning or controlling electric or telephone pole lines, gas and sewer lines, water pipes, mains, hydrants, and other utilities thereon or thereunder shall retain the authority to continue maintaining the same or to enter upon such way or portion thereof vacated, to maintain, repair, replace, remove or otherwise attend thereto." Mayor Egan noted that the "whereas" clause in the recital should be included in the resolution. Councilmember Hunter moved, Wachter seconded, a motion to close the public hearing and approve the vacation of a portion of the public right-of-way for Old Sibley Memorial Highway as described and authorized by the Mayor and City Clerk to execute all related documents with the whereas clause in the resolution. Aye: 5 Nay: 0 Project 667, Cedarvale Drive (Street Reconstruction) Mayor Egan introduced this item as Cedarvale Drive (Street Reconstruction). City Administrator Hedges stated that on May 18, 1994, the City Council reopended a continued public hearing to consider the reconstruction of Cedarvale Drive from Rahn Road to the Cedarvale Shopping Center. At that time, Mr. Parranto spoke as a representative of the affected property owners requesting the City to consider vacating this public right-of-way and allowing its -9- 0 11 reconstruction to be done privately. As a result of that public hearing, the City Council again continued this item for reconsideration, and directed the Public Works Committee to meet with Mr. Parranto and any of the other interested property owners to further discuss the request and to provide a recommendation. Public Works Director Colbert summarized the Public Works Committee meeting. The Public Works Committee determined that Project 667 should be denied and that maintenance should be done by a affected property owners. Councilmember Wachter raised the issue of City liability when there is no agreement whereby the private property owners would maintain this street. Councilmember Hunter raised the issue of whether the proposed reconstruction was acceptable in terms of the quality and thickness of the asphalt being applied. Mr. Colbert responded by saying that these specifications are not equal to those which the City would normally use. However, since the property owners would be privately responsible for street maintenance, it is their responsibility, if the street did require repair, to finance any future repairs. Councilmember Wachter noted that by denying Project 667, and subsequently approving the necessary vacation of right-of-way to the interested parties, the City should be relieved of maintenance of this street. Councilmember Wachter also noted that an assessment of $4,000.00 should be approved by the Council if a vacation is approved for Cedarvale Drive. Mayor Egan agreed. Councilmember Masin moved, Awada seconded, a motion to deny Project 667 (Cedarvale Drive-Street Reconstruction). Aye: 5 Nay: 0 Mayor Egan then proposed a separate action to assess a $4,000.00 fee for Project 667 in case there is subsequent action to vacate Cedarvale Drive right-of-way. Councilmember Wachter so moved, Hunter seconded. Aye: 5 Nay: 0 Vacate a Portion of Public Right-of-Way, Englert Road Cul-de-Sac Mayor Egan introduced this item as Vacation of Englert Road Cul-de-Sac. City Administrator Hedges noted this hearing was in response to a petition submitted by the developer of the Pond View Townhomes Addition. The City Council scheduled a public hearing to consider a vacation of excess public right-of-way at the west end cul-de-sac of Englert Road near Interstate 35E. City Public Works Director Colbert mentioned that all notices have been published in the legal newspaper and sent to all potentially interested parties. A written objection was received from an individual who objects to the vacation of the excess public right-of-way under the premise that it will allow additional units. Mr. Colbert's staff has reviewed the site plan layout and has determined that this vacation will not affect the total number of units, but it would result in a reconfiguration that would affect the size of the planned open space if the excess right-of-way was not vacated. -10- f': Ci Councilmember Wachter moved, Masin seconded, a motion to close the public hearing and approve vacation of a portion of public right-of-way for Englert Road as described and to authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 NEW BUSINESS Variance. United Stationers, A variance of 4% to the maximum building coverage in a L-1 zoning district and site plan review. Mayor Egan introduced this item as a Variance/Site Plan Review/United Stationers. City Community Development Director Reichert noted that R.L. Johnson Company is requesting a variance of 4% to the 35% maximum building coverage for Lot 1, Block 1, United Stationers Addition and a site plan review for the proposed expansion of the existing building. The City Council's review of the site plan is a condition of a previously approved plat. Mayor Egan noted that in reading the staff report about this matter, that the developer would have a difficult time acquiring new land for this project and also that they had exercised good faith in attempting to acquire land for expansion. Mayor Egan noted that this variance is required due to a professional oversight of the developer's consultant and that a hardship case has been created due to this inadvertent mistake. Therefore, Mayor Egan noted that he would support this variance. Councilmember Awada moved, Hunter seconded, a motion to approve a variance of 4% to the maximum building coverage of 35% for Lot 1, Block 1, United Stationers Addition, and to approve the detailed plans with minor revisions for the proposed expansion of the existing building, subject to the waiver of water quality dedication fees in exchange for the developer constructing 320 feet of 60 inch storm sewer. Aye: 5 Nay: 0 Final Plat. Pond View Townhomes Addition Mayor Egan introduced this item as a Final Plat for Pond View Townhomes Addition. Community Development Director Reichert noted that this item would normally be under the "Consent Agenda" but because a portion of Englert Road required vacation, the final plat for the Pond View Townhomes Addition falls under "new business" subsequent to Council action on the vacation. The final plans and Development Agreement for the Pond View Townhomes Addition have been reviewed by staff and found satisfactory. The financial security has been provided as well. Following approval of the vacation, final plat approval is in order at this time. Councilmember Hunter moved, Wachter seconded, a motion to approve the final plat for Pond View Townhomes Addition located east of Interstate 35E, south of Fish Lake, north of Englert Road. Aye: 5 Nay: 0 R-94.38 -11- Contract 94-04. Receive Bids/Award Contract (Englert Road Street & Utilities) Mayor Egan introduced this item and noted that this item would normally fall under the "Consent Agenda" but due to the Englert Road vacation, it now falls under "New Business." Councilmember Wachter moved, Awada seconded, a motion to receive bids for Contract 94-04 - Englert Road Streets & Utilities and to award the contract to Ryan Contracting in the amount of $150,223.10 and to authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 Project 666. Receive Petition/Authorize Revised Feasibility Report (Waterview Addition-Sanitary Sewer and Water Main Extensions) Mayor Egan introduced this time as Project 666, receive Petition, authorize Revised Feasibility Report. City Public Works Director Colbert stated that previously there was a public hearing which considered a similar request for utility extensions. However, due to the issues associated with developing the Waterview Addition as R-I single-family, the public hearing was closed and the Project was cancelled, to be reconsidered at a later date. The Waterview developer sent a letter to the Council expressing their continued support of the City's installation of utilities as originally proposed. During the time the zoning and development issues regarding Waterview Addition were being evaluated by the City, Independent School District No. 196 passed a Bond Referendum providing for a new elementary school to be located on the east side of Highway 3, opposite the Waterview Addition. Similarly, the Pines Edge development was processed and received preliminary plat approval. This accelerated development east for the T.H. 3, now presents some scheduling conflicts with the request for the extension of utilities along T.H. 3 to service the Waterview Addition. Public Works Director Colbert noted that at a May 24, 1994, special workshop of the City Council, the Council discussion leaned toward scheduling the requested utility extension in 1995 to coincide with the extension of utilities to service the east side of Highway 3. Mr. Colbert then highlighted the options available and the preliminary costs. Scott Johnson, President of Arcon Development, the developer of Waterview Addition, indicated that he and his Company are neutral on the use of Dodd Road as a means of installing the sewer. He also noted that based on his conversations with Mr. Colbert, installation of the sewer on the east side of Highway 3 would be the best option. Mr. Johnson also noted certain benefits in putting in the sewer this summer rather than waiting until next year. Mr. Johnson indicated that Arcon Development would be willing to participate in the cost of jacking the Highway and installing the sewer system. -12- Mayor Egan then inquired about the cost of installing the sewer on the east side of Highway 3, if a new shoulder would not have to be installed. Mr. Colbert indicated that if a new shoulder was not necessary, the cost of installing a sewer would be $30,000.00. If a new shoulder did have to be put in, it would cost an additional $20,000.00. Mr. Colbert then noted that if the City were to put in the sewer by jacking Highway 3, it would cost the City $12,000.00 to $15,000.00 more than if they were to put it in next year when the entire Highway 3 project was undertaken. Dr. Fitz expressed his concern that this project be done as soon as possible and that the proposal of Arcon Development be accepted by the City. Councilmember Wachter indicated that certain issues must be resolved before construction could get underway this summer. First, they must clear this project with the Highway Department and second, the railroad must be contacted for any potential problems. Councilmember Awada said that she would be in favor of the construction along Highway 3 this summer because it would save the residents of Dodd Road from any additional traffic and also the City would recoup the $10,000.00 to $15,000.00 expense in property taxes. Councilmember Hunter moved, Awada seconded, a motion to receive the petition and authorize a revised feasibility report for Project 666R, (Waterview Addition-Utility Extension) with specific direction on sanitary sewer alignment along the east side of Highway 3 and financing by Arcon Construction of the Highway 3 crossing. Aye: 5 Nay: 0 Councilmember Hunter moved, Awada seconded, a motion to simultaneously prepare plans and specs for Project 666R. Aye: 5 Nay: 0 Preliminary Plat. Amundson Corner Addition/Gilbert Amundson, Consisting of two lots on 1.25 previously zoned R-1 (single-family) acres located at the northeast intersection of Lenore Lane and Cliff Road in the southeast guarter of Section 29 and a variance of 25 feet to the Dakota County required 50 feet right-of-way dedication along Cliff Road. Mayor Egan introduced this item as a Preliminary Plat/Variance/Amundson Corner Addition. City Community Development Director Reichert stated that Gilbert Amundson is requesting preliminary plat approval for two lots on 1.2 acres of R-1 zoned property located at the northeast intersection of Cliff Road and Lenore Lane. The Advisory Planning Commission conducted a public hearing on this proposed plat at its meeting of May 24, 1994 and recommends approval of this preliminary plat subject to seven conditions set forth in their minutes. The Advisory Planning Commission also recommends to the City Council that the City formally request a variance of 25 feet to the Dakota County required 50-foot right-of-way dedication along Cliff Road. -13- j J I Councilmember Awada moved, Masin seconded, a motion to approve a preliminary plat for Amundson Corner Addition consisting of two lots on 1.25 acres zoned R-1 located at the northeast intersection of Lenore Lane and Cliff Road subject to: 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993 shall be complied with: Al, B1, B2, B3, B4, C1, C2, C3, C4, D1, El, F1, G1, and H1. 2. The development shall construct a drainage swale to drain the landlocked low area that is located in the west edge of the development to drain the area in a northeasterly direction. 3. The developer shall dedicate additional right-of-way along C.S.A.H. #32 (Cliff Road) as required by Dakota County. 4. Restricted access shall be dedicated along Cliff Road, and the existing driveway opening that connects to Cliff Road shall be removed and replaced with B-618 concrete curb and gutter. 5. The developer will be responsible for providing sanitary sewer and water service from Lenore Lane to Lot 1. 6. The Lot 1 driveway connection to Lenore Lane will require removal of the existing B618 curb and gutter and the construction of a new drop curb for the driveway opening. 7. The development is required to pay a cash parks, trails, and water quality dedication. Councilmember Awada moved, Masin seconded, a motion to authorize City staff to formally request a variance of 25 feet to the Dakota County required 50-foot right-of-way dedication along Cliff Road as it would affect the Amundson Corner Addition. Aye: 5 Nay: 0 Planned Development Amendment/Hoyt Properties. Inc.. to the Hadler Park Planned Development to allow an office use for Lot 4. Block 1. Hadler Park Addition. located along the south side of Cliff Road. west of Rahn Cliff Road. in the Northeast Quarter of Section 31. Mayor Egan introduced this time as a Planned Development Amendment for Hoyt Properties, Inc. City Community Development Director Reichert noted that Hoyt Properties, Inc. has requested an amendment to the Hadler Park Planned Development to allow an office and educational use in the existing 14,000 square foot building at 2030 Cliff Road, located south of Cliff Road, north of Rahn Way and west of Rahn Cliff Road. This Planned Development Amendment is intended to allow the former Dakota County Western Courthouse facility to be utilized by School District No. 196 as an educational center with associated administrative offices. -14- 0 ? 1.`1- The Advisory Planning Commission conducted a public hearing on this matter at its meeting on May 24, 1994, and recommended approval of this Amendment subject to one condition regarding the landscaping identified in the Commission Minutes. Ms. Reichert noted that some of the previous planned development conditions are no longer relevant but noted that certain trees need to be replaced and other property improvements needed to be done. Hoyt Properties has agreed to all of the conditions set forth by the staff. Mayor Egan noted that he was very much in favor of this amendment. Councilmember Hunter moved, Awada seconded, a motion to approve the amendment to Hadler Park Planned Development subject to: 1. Landscaping, as proposed on the Hadler Park Landscape Plan on file with the City, is required. A financial guarantee shall be provided to the City prior to the issuance of the building permit. Aye: 5 Nay: 0 Comprehensive Guide Plan Amendment. Ray Connelly, Changing the land use category of approximately 7.93 acres from D-1 Single-Family Residential (0-3 unites per acre) to NB (Neighborhood Business) located in the northwest corner of Lexington Avenue and Diffley Road in the Southwest Ouarter of Section 23. Mayor Egan introduced this time as Comprehensive Guide Plan Amendment for Ray Connelly. City Community Development Director Reichert stated that the Advisory Planning Commission conducted a public hearing on this matter at its meeting on May 24, 1994. Although the staff report concluded that the proposed Plan Amendment was not consistent with the working policies of the commercial land use study, the Planning Commission nevertheless recommends approval of this Guide Plan Amendment. Ms. Reichert noted that neighborhood centers today are generally built in the range of 20,000 to 25,000 square feet and serve about 1,000 households. Furthermore, it is estimated that within the mile radius of the Lexington/Diffley intersection, there are about 1,500 households. Therefore, it appears as though there is a demand in the neighborhood to support some additional commercial development. Councilmember Masin suggested that the significant number and scale of the public facilities in the area - namely the high school, middle school, two ballfield complexes and the Caponi Art Park - might justify more commercial use than the residential base itself. Community Development Director Reichert also noted that the City staff concurs with the Planning Commission's conclusion that single-family development on the northwest corner at Lexington and Diffley is unlikely. Mayor Egan expressed his concern that this parcel of property has not been developed and hopes that it may be developed in the near future. He noted that the City has dramatically reduced the commercial zoning in the area in recent years, but that the nature of the site prevents non-commercial uses from being appropriate. He noted that the users that the applicant was bringing forward were viable, appropriate and real. -15- Ray Connelly noted that he and his partner have plans to use this parcel of land for a medical center. The size of this proposed building would be a minimum of 24,000 square feet. However, Mr. Connelly cannot continue his talks with medical institutions unless he first acquires a commercial zoning for this particular piece of land. He stated that residential use in this location would not work due to its size and shape in relation to surrounding land uses and County roads. He further stated that he believed that activity in this corner of the intersection would create demand for the property in the opposite corner. He said that he has excess interested users for this site at the present time. Public Works Director Colbert spoke about the access to this proposed building and noted that it would take some coordination between adjoining property owners, the County and the City of Eagan. Councilmember Wachter stated that from his Advisory Planning Commission experience, this is a difficult site to properly zone. He said that he has mixed feelings about adding commercial acreage to this area, but that he could be persuaded by its unique circumstances. Councilmember Awada noted that the most logical use for this property was a free-standing commercial building and noted that she would be supportive of the application. Mayor Egan said that the bank and medical facility uses shown in the application are appropriate for the area and while they might be better located across the street, they had not developed there to date. He stated the need for this intersection to have a finished look and that if the commercial area across the street does not develop soon, it may be appropriate for the City to consider other uses in that location. Councilmember Hunter stated that he could be persuaded to either conclusion. He said that the commercial study does not support more commercial for the area itself and that more commercial here may diminish the potential for neighborhood commercial farther east in Eagan. He said that despite this, any other use on the site appears to be spotty and inappropriate. He further indicated that of the uses possible for neighborhood commercial, a medical facility and bank would have the least impact on retail development in other commercial nodes. He stated that this proposal offers the best opportunity to provide a finished look for the intersection. Councilmember Awada suggested that this land use is only appropriate for lower intensity uses such as the medical facility, bank, day care facilities and a drug store. She stated that the restaurant indicated in the application would not be appropriate and should be addressed as part of the zoning application. Councilmember Masin stated that she could definitely not see residential in this location and that the proposal before the Council appeared to be a reasonable alternative. -16- Councilmember Masin moved, Hunter seconded, a motion to approve a Comprehensive Guide Plan Amendment to change the land use category of approximately 7.93 acres from D-1 (Single-Family Residential) to NB (Neighborhood Business) located on the northwest corner of Lexington Avenue and Diffley Road in the Southwest Quarter of Section 23. Aye: 5 Nay: 0 County Five-Year CIP Review Mayor Egan introduced this item as a Review of the County's Proposed 5-year Capital Improvement Project (1995-1999). City Administrator Hedges noted that on May 24, 1994, the City received a request from Dakota County to review their existing (1994 through 1998) CIP and provide any suggestions or modifications that should be taken into consideration for the County's (1995-1999) CIP. The County is requesting a response by June 17, 1994. City Public Works Director Colbert noted that there were ten options for the Council consideration: Roadway improvements; signals; trailways and building improvements. Roadway Improvements: 1. The request is a schedule regarding the improvement of Cliff Road from Lexington Avenue to T.H. 3. It was agreed that 1998 would be the year for improving Cliff Road from Lexington to Highway 3. 2. Rescheduling of the improvement of Lone Oak Road from Highway 55 to Inver Grove Heights. It was agreed upon that this improvement of Lone Oak Road would be rescheduled to 1997. 3. Miscellaneous improvements to Yankee Doodle Road/Pilot Knob Ring Road from 1997 through 1999. The Council agreed that these improvements should be added to the roadway improvement agenda. Signals: 1, The rescheduling request of the signalization of Lexington Avenue at Wescott Road. Council agreed that this Project would be rescheduled to 1995. 2. Relocating of traffic signals from Pilot Knob Road at Tower View Road to High Site Drive. The Council agreed that this would be done in the future to 1997. Trailways: 1. The consideration of a request for a new trail along the north side of Lone Oak Road from Lexington Avenue to Highway 55. The Council agreed that this new addition would be done in 1995. -17- its c 2. The request for a new trail along the west side of Pilot Knob Road from 494 into Mendota Heights. The Council agreed that this would be done in 1995. 3. The request for a trail along the south side of Cliff Road from Lexington Avenue to Highway 3. The Council agreed that this would be scheduled for 1998. 4. The request for a trail along the south side of Yankee Doodle Road from Lexington Avenue into Inver Grove Heights. The Council agreed that this should be scheduled for 1995. Building Improvement: 1. The proposed improvements to the Wescott Library-parking lot modifications, landscaping and signage improvements. The Council agreed that this should be scheduled for 1995. Councilmember Wachter moved, Masin seconded, a motion to accept the aforementioned options. Aye: 5 Nay: 0 Administrative Agenda Special Council Meeting City Administrator Hedges noted that it is recommended that a Special City Council meeting be held the week of June 13, 1994, for purposes of 1) reviewing the comprehensive annual financial report for December 31, 1993; 2) on-going community development update; and 3) update on the Parks System Plan. Councilmember Masin moved, Egan seconded, a motion to hold a Special City Council Meeting for June 21, 1994, at 5:00 p.m. Aye: 5 Nay: 0 City Contract No. 94-03 Public Works Director Colbert noted that Contract change order #1, City Contract No. 94-03, (Blue Cross Road, Trailway and Storm Sewer) provides for revisions to the Blue Cross Road Trailway construction and storm sewer related items for Pond CP-6. Part A of the proposed change order provides for the addition of seeding with mulch and fertilizer and/or with wood fiber blanket to the Blue Cross Road Trailway portion of the Contract. The bid unit prices for the Blue Cross Road portion of the above-referenced items are the same as was bid for the Blackhawk portion of the Contract. The addition of these items is necessary because modifications to the retaining wall construction and boulevard areas as originally bid are being proposed to save on retaining wall costs. Part A is anticipated to add approximately $1,500.00 to the Contract. -18- Part B of the change order provides for the deletion of four bid items and related quantities from the Pond CP-6 storm sewer work as proposed in the Contract. Part B includes the elimination of an outlet skimmer, reduction in the remove, salvage and reinstall 12-inch concrete pipe, and the elimination of the bid item to clear and grub the dead trees and stumps in Pond CP-6. Part B of the change order also provides for a deduction of $29,412.50. The proposed Contract change order #1 provides for a $27,912.50 deduction to the Contract amount. Councilmember Hunter moved, Awada seconded, a motion to approve Contract Change Order #1 to City Contract No. 94-03, (Blue Cross Road, Trailway and Storm Sewer) and to authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 VISITORS TO BE HEARD Dave Munson spoke on behalf of the July 4, 1994, festivities at Rahn Park. Mr. Munson asked that the City provide additional portable restrooms. Mr. Munson discussed the problem of where the carnival will be located next year and anticipates that Rahn Park will not be available for the following years. The Council noted that applications for the carnival would be subject to police approval of licenses for nonintoxicating liquors, among others. Councilmember Hunter moved, Masin seconded, a motion to accept the Lion's Club applications subject to Police Department approval of certain licenses. Aye: 5 Nay: 0. Ray Johnson and Bob Bauer were also heard. They appeared in connection with the proposed comprehensive guide plan amendment for the northwest corner of Lexington Avenue and Diffley Road. They noted that they were in favor of the amendment to neighborhood business. MISCELLANEOUS Community Development Director Reichert noted the success of the Trapp Farm Project. Public Works Director Colbert noted that Item P of the Consent Agenda should be subject to State aid approval. Councilmember Wachter mentioned that certain trees near the Cub Foods should be transplanted due to their size and that it might interfere with traffic. Councilmember Wachter mentioned that the logo of Eagan should be on the cancellation stamp for mail processed at the Eagan Post Office. Mayor Egan noted to Public Works Director Colbert that the sod on County Roads is much worse than City maintained roads and that there seems to be a dual level of maintenance regarding City and County -19- 1-d" 13 Mayor Egan inquired as to how the City could ensure that the County roads be maintained on an equal level to those in the City. Public Works Director Colbert mentioned that he will make an effort to come to some agreement with the County in order to better maintain the County roads and if this does not work, he may approach Mayor Egan in the future to approach the County Board. Mayor Egan also stated that an administrative intern, Joyce Pruit, had done a terrific job for the City and should be recognized. Councilmember Masin noted that she attended the League of Minnesota Cities meeting and that cities have greater power to determine the speed limits within their city limits. Councilmember Masin noted that the new St. Thomas Beckett Church and dedication went extremely well. Councilmember Masin also noted that she had seen brick on street medians and inquired as to whether it would be feasible for the City of Eagan to use brick on the roadway medians rather than concrete. After the meeting, a visitor in the audience came to the dais to say that the median was colored concrete with a design pressed into it. Councilmember Wachter posed the question to City Attorney Sheldon if there had been any changes in legislation regarding City liability for injuries occurring at City parks. Mr. Sheldon said he would look into the matter. CHECK LIST Councilmember Wachter moved, Egan seconded, a motion to approve the checklist dated June 7, 1994, in the amount of $2,253,657.30. Aye: 5 Nay: 0 ADJOURNMENT Councilmember Wachter moved, Egan seconded, a motion to adjourn the regular meeting of the Eagan City Council at approximately 10:30 p.m. EXECUTIVE SESSION City council went into executive session thereafter with the City Attorney to discuss pending litigation. CITY OF EAGAN VanOver eke CI Clerk -20-