Loading...
08/02/1994 - City Council Regular 0021--11 MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota August 2, 1994 A regular meeting of the Eagan City Council was held on Tuesday, August 2, 1994 at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin, and Hunter. Also present were City Administrator Tom Hedges, Community Development Director Peggy Reichert, Director of Public Works Tom Colbert, and City Attorney Mike Dougherty. NO" Administrator Hedges noted he received a request by Robert Pfaff to address the Council concerning a tree adjacent to his curb in Wilderness Run that is proposed for removal. He suggested this be addressed during the Administrative Agenda. Hunter requested that the Dakota County League of Governments be added to the Legislative Affairs section of the agenda. Mayor Egan added he would like to address the N.O.I.S.E. Conference under that section as well. Awada moved, Egan seconded a motion to approve the agenda for the August 2, 1994 meeting as amended. Aye: 5 Nay: 0 MINUTES OF JULY 19, 1994 REGULAR MEETING Masin noted that on page 5, there is a reference to Imperial Drive, and requested clarification. After some discussion, It was determined it should read Beau D Rue Drive Instead. Hunter suggested that on page 6, regarding the Cedarvale access improvements, that the following language be added: "...the consensus of the Council was that the project be denied because of the negative impact and probable loss of a thriving business, the high cost of the project, and the open question of the appropriateness of area-wide assessments." He also suggested that the motion include closing the public hearing. He also suggested that on page 9, regarding assessments to the Finch property, that a sentence be added to state: "Hunter pointed out that following negotiation, If the proposed assessment is less than proposed now, the county would be informed and the pending assessment revised." He also suggested that page 10, relating to the city cost on Project 673, that the words "...because there appears to be more city-wide benefit than the $2,150 indicates" be added. He also suggested that on page 15, regarding the speed limit reduction on Chatterton Court, that the language, "...at this time, because the statute is so vague. He would prefer clarification prior to taking action on this Item." be added. Awada moved, Hunter seconded a motion to approve the minutes as corrected. Aye: 5 Nay: 0 MINUTES OF JULY 19, 1994 SPECIAL MEETING Wachter requested that language be added that space be reserved next to the ice arena for a swimming pool. Wachter moved, Awada seconded a motion to approve the minutes as corrected. Aye: 5 Nay: 0 MINUTES OF JULY 12, 1994 SPECIAL MINUTES Awada suggested that on page 3, relating to the cost of a fire training facility, that the language, '...but that the cost is minimal" be added. She also noted a correction on page 2, relating to assessments, that the city's policy be corrected to state that the city will pick up that part of assessments that are not sustained by the appraisal. Masin moved, Wachter seconded a motion to approve the minutes as corrected. Aye: 5 Nay: 0 n Z 3 EAGAN CITY COUNCIL MINUTES; AUGUST 2, 1994 PAGE 2 Mayor Egan noted that Doug Dahl and his family are here representing the 4-H Club to present a visitor from Gifu City, Japan. He presented Mayu Ogiso with a copy of "Lone Oak Years", a book on the history of Eagan. John Meszarek outlined a series of contacts he has had with the Police Department over the last three years, and specifically a letter he just received from the Police Department relative to a request for a "hidden entrance' sign at Thomas Lake Road and Clemson Drive. He is very unhappy about the way he has been treated by the Police Department and wanted to bring it to the Council's attention. E Al Tl NT N AI #l t ltSS 10, Counciimember Hunter suggested that the Parks, Recreation & Natural Resources Committee do a field survey to assess whether the tree preservation guidelines are strict enough. Masin asked whether the city could keep track of the number of trees taken down and planted in the city, according to class, and if possible, the value. She would also like to know why trees are coming down; whether it is due to development, disease, etc., and would like a report quarterly. Hunter asked whether the Wal-Mart property has been reinspected for compliance with the outdoor storage ordinance. Wachter noted he drove by today, and it is taken care of. Administrator Hedges noted that the Civic Arena Fundraising Committee is interested in placing a sign on the Municipal Center site, indicating how much money has been raised. He noted that there is a question as to whether it is In conformance with the sign ordinance. Depending on whether it is considered a city sign or community sign determines whether it is in compliance or not. After some discussion, it was the consensus of the Council that it Is a private sign. Awada asked when the mosquito control issue will be brought back. Parks and Recreation Director Vraa noted that the Parks, Recreation & Natural Resources Committee has been Involved with other issues, but it will be coming back soon. Masin asked whether MnDOT will go ahead with their Highway 13 improvements due to the fact the City turned down the Cedarvale access improvements. Public Works Director Colbert indicated they will probably start tomorrow on extending the southbound left turn lane onto Silver Bell Road, providing greater stacking distance. They will also readjust the signalization. gNS NT AGEND In regard to Item H, Maintenance Agreement for County Bikeway Trails between the County of Dakota and City of Eagan. Wachter asked about snow removal on bikeways. Parks and Recreation Director Vraa noted it is at the discretion of the city. Mayor Egan stated he feels the county does a substandard job of boulevard maintenance. He asked whether this could be addressed in this agreement. Vraa Indicated he can attempt to do that. In regard to Item J. Contract 94-13. Ap rp ove plans and authorize advertisement for bids (Municipal Center Site Develoomentj, Wachter asked to see the final plan for the Municipal Center. Public Works Director Colbert displayed the plan and explained the proposal. Parks and Recreation Director Vraa added that the exact location of the wading pool hasn't been determined. EAGAN CITY COUNCIL MINUTES; AUGUST 2, 1994 O O fir' PAGE 3 In regard to Item M, Grant Agreement with DNR for Oak Wilt Suppression. Wachter Indicated he would like to see the city request that more dollars be made available to communities for oak wilt suppression. He feels this is just a bandaid approach. Hunter asked for a clarification of the $31,000 homeowner cash. Parks and Recreation Director Vraa explained that this Is an estimate of dollars available for redistribution to homeowners to help them finance removal of trees and the vibratory plow for root separation. In regard to Item P, Contract 92-BB. Acknowledgement of Project Completion (Coventry Pass - 4th Addition, streets and utilities). Hunter expressed appreciation to the city for sticking to their standards. He noted that several neighbors observed the city crews working professionally and diligently on this project. In regard to Item S, Contract 94-06. Wilderness Run Addition street and utility reconstruction, Contract Change Order #1, Hunter asked how this change order will make the project more user-friendly. Public Works Director Colbert indicated that this will allow continuous Improved access to the local residents during construction. The reason for the stockpiling is because of the poor soil conditions in this area. It affects 170 lots and disruption could take one day to two weeks, depending on soil conditions and the weather. Hunter stated he feels the disruption is minimal, and would prefer to save the money. Awada, Wachter and Egan concurred. The consensus of the Council was to change the action on this item to deny the change order. Awada noted that this will save $50 for each affected property owner. A. Personnel Items Item 1. It was recommended to approve the 1994/1995 collective bargaining agreement with the sergeants' bargaining unit. Item 2. It was recommended to approve the hiring of the person recommended by the Interview panel as a maintenance worker in the Equipment Maintenance Section of the Streets/Equipment Maintenance Division of the Public Works Department. Item 3. It was recommended to approve the hiring of the person recommended by the interview panel as a Construction Analyst in the Protective Inspections Division. Item 4. It was recommended to approve the hiring of Steven Murtinger as a seasonal park maintenance worker. B. Plumbers' Licenses It was recommended that the following plumbers' licenses be approved: Hanson- Kieven Plbg. Co.; P & D Mechanical Contracting Co., Inc.; and Proplumb Inc. C. License Renewals for 1994-95: Massage Therapy Establishment and Massage Thera igst It was recommended to approve the following massage therapy establishment and massage therapist licenses: Massage Therapists Trevor Richards, 3294 Valley Ridge Drive, Eagan, MN 55121 Barbara Ward, 230 13th Avenue South, South St. Paul, MN 55075 Laceson Town, 1887 Bear Path Tr., Eagan, MN 55122 Susan Stems, 1960 Cliff Lake Road, #108, Eagan, MN 55122 Massage Establishments Kokomo Tan, Dan Larson, 1960 Cliff Lake Road, #108, Eagan, MN 55122 D. License Renewals for 1994-95: Amusement Device. It was recommended to approve the following amusement device license renewals for 1994-95: ' coo' a v~ EAGAN CITY COUNCIL MINUTES; AUGUST 2, 1994 fyl PAGE 4 1. Advance Carter Co., American Amusement, 850 Decatur Ave. N., Minneapolis, MN 55427 2. Dahlco Music & Vending, 296 N. Pascal St., St. Paul, MN 55104 3. Gary Starks, 3125 Dodd Road, Eagan, MN 55121 4. Theisen Vending, 3800 Nicollet Avenue, Minneapolis, MN 55409 5. Awe Vending & Amusements, 476 South Snelling Avenue, Suite #2, St. Paul, MN 55105 6. Wally Shaver, 15764 Highview Drive, Apple Valley, MN 55124 7. Mendota Valley Amusement, 9177 East Courthouse Blvd. Ct., Inver Grove Hts., Mn 55077 8. CDL, 1317 North Highway 169, Champlin, MN 55316 9. American Amusement, Inc., 1416 Carroll Avenue, St. Paul, MN 55104 E. License Renewals for 1994-95: Service Station. It was recommended to approve the following service station license renewals for 1994-95: 1. Brooks Superette, 3390 Coachman Road 2. Cedar Cliff Amoco, 4600 Slater Road 3. Cedarvale Texaco, 3830 Sibley Memorial Highway 4. Duckwood 66, 3575 Pilot Knob Road 5. Eagan E-Z Stop, 4195 Nichols Road 6. Eagan Amoco, 4205 Nichols Road 7. FinaServe, 3150 Dodd Road, #576 8. FinaServe, 1286 Lone Oak Rd. #594 9. FinaServe, 4250 Lexington Avenue South #590 10. Holiday Stationstore #232, 4595 Nicols Road 11. Holiday Stationstore #247, 3615 Pilot Knob Road 12. PDQ #214, 4198 Pilot Knob Road 13. Sinclair #22028, 3946 Nicols Road 14. SA #4049, 4200 East Highway 13 15. SA #4182, 1406 Yankee Doodle Road 16. SA #4335, 1379 Town Centre Drive 17. SA #4464, 2250 Cliff Road 18. Texaco Superstore, 1579 Cliff Road 19. Tom Thumb, 2125 Cliff Road 20. Tom Thumb, 1446 Yankee Doodle Road 21. Tom Thumb, 4130 Blackhawk Road 22. Total Petroleum, 4206 Nichols 23. Total Petroleum, 2000 Rahncliff Court 24. Yankee Square Amoco, 1424 Yankee Doodle Road F. License Renewals for 1994-95: Trailer. It was recommended to approve the trailer permit for B & F Distributing dba Tripp Oil, 3085 Sibley Memorial Highway, Eagan, MN 55122. G. Appointment of election ludoes for September 13. 1994 Primary Election. It was recommended to approve the list of election judges for the September 13, 1994 Primary Election, attached as Appendix A. H. Maintenance Agreement for County Bikeway Trails between the County of Dakota and City of Eagan. It was recommended to approve the maintenance agreement for County bikeway trails between the County of Dakota and the City of Eagan as presented. 1. Final Plat. Lexington Pointe 11th Addition. It was recommended to approve the final plat for Lexington Pointe 11th Addition as presented. R-94.49 O() 24 .E EAGAN CITY COUNCIL MINUTES; AUGUST 2, 1994 PAGE 5 J. Contract 94-13. A pp rove plans and authorize advertisement for bids (Municipal Center Site Devel ment). It was recommended to approve the plans and specifications for Contract 94-13, Municipal Center Phase II Grading, Streets, Parking Lot, Landscaping & Utility construction and authorize the advertisement for a bid opening to be held at 10:30 am., Friday, August 26, 1994. K Amendment, Eagan Revolving Loan Fund Guidelines. Low and Moderate Income Criteria. It was recommended to amend the Eagan Revolving Loan Fund Guidelines to insert the low and moderate Income criteria as presented. L Ordinance Amendment. to City Code Chanter 11 entitled 'Land Use Study Area': and which adopts by reference City Code Chapter 1 and Section 11.99. It was recommended to approve an ordinance amendment to Eagan City Code Chapter 11 entitled 'Land Use Regulations (Zoning)' which adds Section 11.04 entitled 'Interim Use Study Area'; and adopts by reference City Code Chapter 1 and Section 11.99. M. Grant Agreement with DNR for Oak Wilt Suppression. It was recommended to approve the grant agreement between the City and the DNR for the oak wilt suppression program as presented. N. Approve plans and specifications. Trail Sealcoating. It was recommended to approve the plans and specifications for trail sealcoating. 0. Approve plans and specifications, Bur Oaks Park playground. It was recommended to approve the plans and specifications for the Bur Oaks Park playground Improvements as presented. P. Contract 92-BB. Acknowledgement of Project Completion (Coventry Pass - 4th Addition, streets and utilities) It was recommended to acknowledge the completion of Contract 92-BB and authorize perpetual City maintenance subject to the warranty provisions as Identified in the Coventry Pass 4th Addition development contract. 0. Receive Petition/Order Public Hearing, Vacation of Public Right-of-way. Mendota Road. It was recommended to receive the petition to vacate a portion of the public right-of-way for Mendota Road and schedule a public hearing to be held on September 6, 1994. R. Receive Petition/Order Public Hearing. Vacation of Public Right-of-way and Utility Easements, Mendota Road. It was recommended to receive a petition to vacate the public right-of-way for Mendota Road and two existing utility easements across Lots 7 and 8 of the Robert O'Neil homestead and schedule a public hearing to be held on September 6, 1994. S. Change Order #1. Wilderness Run Addition. It was recommended to deny Change Order #1 to Contract 94-06 - Wilderness Run Addition Street Improvements. Wachter moved, Masin seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 PUB C H N VACATION - CAROL STREET Mayor Egan Introduced this item as the vacation of public right-of-way for Carol Street. Administrator Hedges Indicated this was In response to a petition submitted by the developer of the proposed Waterview Addition. He noted the City Council scheduled a public hearing for this evening to consider the vacation of Carol Street from Dodd Road to T.H. #3 except for a small exception needed for the construction of a cul-de-sac at the south end of proposed Waterview Trail. UU2 1,.. EAGAN CITY COUNCIL MINUTES; AUGUST 2, 1994 PAGE 6 Public Works Director Colbert explained the location and noted this Is a platted right-of-way, but there is no Improved street. He added that as a condition of the approval of Waterview Addition, the developer has requested to vacate a portion or all of Carol Street, not only to provide for minimum size lots, but to avoid double frontage lots. There is a small section that is an exception to this vacation because once the Waterview Addition is platted, they will rededicate that portion and provide a temporary easement to construct a cul-de-sac at the end of the stubbed street, which is necessary for one of the lots to take driveway access off of Waterview Trail. Waterview Trail is proposed to be extended south to Hall Street, or possibly Farm Road. He indicated they notified all adjacent property owners and utility companies, and he received several responses back from adjacent property owners. He reviewed the responses, noting who is in favor and opposed. He explained the locations for the sanitary sewer and water main. In addition, there is a frontage road along Highway 3 that is too close to be used for access to Highway 3. He feels there should be an access opposite the proposed School Road Intersection, so he Is proposing the frontage road be redesigned to provide a 90 degree entrance onto Highway 3. Staff is suggesting that a portion of Carol Street not be vacated to accommodate that and for future utility extensions. Beyond that point, the city has no public need to maintain Carol Street for utility or street connections. Mayor Egan asked how the developer feels about the continued use of the northerly portion of Carol Street. Public Works Director Colbert indicated he has not spoken with the developer about that, but doesn't anticipate an objection from them because the vacation Is necessary for them to develop and it doesn't affect their lot sizes. Administrator Hedges reminded the Council that because there wasn't a majority of property owners petitioning for this vacation, a 4/5 vote is required in order to pass this. Wachter stated he feels this information should have been available to the Council when this plat was approved. The Highway Department may not put signalization at that intersection if there Isn't a four way Intersection. He doesn't favor this vacation, because if Farm Road is closed, Carol Road may be needed. He doesn't feel the intersection will be safe without signalization. It could be very hazardous without a 4-way stop. Mayor Egan asked whether the redesign of the frontage road will increase the feasibility of constructing a controlled intersection at that location. Public Works Director Colbert noted that MnDOT has stated they cannot justify the signalization of a 3-way intersection based on projected traffic counts. They will only evaluate it after the area is developed and they have actual traffic counts. They also stated that If it were a 4-way intersection with a thru street connection to Dodd Road, they would see it as a major intersection providing major entrance to the east side of Highway 3 as well as a collector for a Dodd Road outlet to Highway 3, and would provide a better opportunity to meet the warrants to justify the signal. Mayor Egan noted that there is no proposal to extend Carol Street and no development plans to justify extending Carol Street. Mayor Egan then opened the hearing to public comment. Jerry Meszaros, 4832 Dodd Road, stated he objects to this vacation. He Is concerned about the safety of that Intersection. He feels if MnDOT can close Farm Road, the City should be able to build Carol Street. Public Works Director Colbert stated that MnDOT is requesting the City to close Farm Road to create a new Intersection to Highway 3. Mr. Meszaros stated that where the exception to the vacation Is located, he will have a 30 foot right-of-way on his property. He now has full right-of-way all the way across Carol Street. He feels this will lower his property value because he would have to reach an agreement with the neighboring properties to get access to his property. Public Works Director Colbert noted he will have more than 30 feet of right-of-way because half of Carol Street will be turned back to him. Mr. Meszaros asked how he will have access if Carol Street is vacated. Public Works Director Colbert responded he could get access from Waterview Trail; however, he wouldn't be able to develop Outlot B without dedicating a 30 0 24 0(1EAGAN CITY COUNCIL MINUTES; AUGUST 2, 1994 PAGE 7 foot strip across his east property line, and getting his neighbor to dedicate property as well. Mr. Meszaros noted that if Carol Street isn't vacated, he could split Outlot B Into two very nice lots with access. He doesn't object to Waterview Addition; he objects to taking away the access from Carol Street. Mayor Egan stated he thought that cul-de-sac was Intended to be temporary, and that the road would loop back to Dodd Road. Community Development Director Reichert noted that this design provides for the most orderly and efficient use of their property. Mayor Egan stated he feels that Carol Street still has value in that it would provide the mechanism to develop to Dodd Road. He doesn't think the city should give this up when the future plans for the cul-de-sac haven't been determined. Councilmember Hunter stated he feels this vacation would be appropriate If there was an alternative connection from Highway 3 to Dodd Road. He feels this vacation cuts off any option of having a 4-way stop there. Awada concurred, stating she feels it is very Important to have a safe intersection. Public Works Director Colbert noted that when this development was proposed, the overall area was assessed as to how it should be planned for future development. The stubbed street was put in so it could be extended south in the future. To provide a level of comfort for the development of Waterview Addition, there was a condition that Carol Street be vacated before the final plat could be approved. Community Development Director Reichert added that this concept was developed as part of the overall plat. Wachter stated he thinks the key to this should be a 4-way stop with signalization, or leave it as a 3-way. He feels safety is of prime importance and he Is not in favor of vacating this. Awada agreed that this should be a 4-way, but doesn't think Carol Street will be extended to Dodd Road. She doesn't think the frontage road makes any sense If the area will all be residential. Public Works Director Colbert noted that MnDOT doesn't want the driveway for the commercial use expanded, so they feel the access should be moved to the frontage road. Awada stated she feels Carol Street should go from Waterview Trail to Dodd Road to make it a major intersection. Public Works Director Colbert stated if that Is done, two lots in that development that will not meet minimum lot size standards, and they will be double frontage lots. It would also be difficult to finance that portion of Carol Street because it probably couldn't be assessed. It also doesn't provide a separation between the commercial property and the residential use. The Council approved the cul-de-sac off of Dodd Road, precluding a 4-way intersection. If the Council wants to reconsider the 4-way intersection, perhaps the traffic patterns need to be reevaluated. Hunter noted that the Council supported the original alignment, but the developer didn't, so the Council acted on the proposal that was before them. He feels the Council needs to maintain its flexibility, even if it means having double frontage lots, to get a 4-way Intersection. Masin asked what happens if this street isn't vacated. Community Development Director Reichert stated the developer would have to revise the layout of his plat. Public Works Director Colbert added that if the revision Is substantial, it may have to go back to the Planning Commission. Mayor Egan asked whether the Council could defer this until they have a better Idea from MnDOT as to the exact location and layout of Gun Club Road. Public Works Director Colbert stated that it will be a lengthy process to obtain any feedback from them. Wachter reiterated that he feels the city should make this a safe intersection. Jim Thompson, 4875 Dodd Road, indicated he is opposed to this vacation. He feels Carol Street should go from Highway 3 to Dodd Road for safety reasons. Tom Gustafson, 4822 Dodd Road, stated he favors this vacation. He doesn't feel more traffic should be routed onto Dodd Road. EAGAN CITY COUNCIL MINUTES; AUGUST 2, 1994 PAGE 8 Nancy Gustafson, 4822 Dodd Road, asked why this development can't go out to Highway 3 instead of Dodd Road. Mayor Egan responded that the developer feels he would have a substandard development If it is accessed from Highway 3. Mike Neisius, owner of the trucking business in the area, stated they have no plans to move or expand. He would like to see Carol Street developed. He feels access onto the frontage road would be safer than their current access. He doesn't favor the extension of Waterview Trail, but does favor the 4-way Intersection. There being no one else wishing to speak, Mayor Egan dosed the hearing to public comment. Awada reiterated the importance of a 4-way intersection. Hunter noted that one of the platting conditions was this vacation. He asked whether it could be viewed an arbitrary act if the Council denies this vacation and they have to replat the property. Mike Dougherty, City Attorney, stated they can make that argument; however, the Council is making this decision based on the facts before them. Hunter noted that facts have changed since the platting process, due to the fact that there is now a major Intersection that was located farther south than the city anticipated. There was also public opposition to the vacation, which was not heard at the time the plat was approved. Mayor Egan added that there wasn't an approved location for School Road when this was platted. He feels this vacation should be maintained for health, safety and welfare reasons. After some discussion, Wachter moved, Masin seconded a motion to close the public hearing and deny this request. Aye: 5 Nay: 0 VIOLET LANE - STREETS AND UTILITIES Mayor Egan Introduced this item as Project 674, Violet Lane streets and utilities. Administrator Hedges noted that on July 5, the Council received a petition, received a feasibility report and scheduled a public hearing for tonight. Public Works Director Colbert noted the city retained the firm of Maier Stewart and Associates to prepare the feasibility study for installation of streets and utilities, and he introduced Steve Gatlin and Greg Stonehouse of MSA Consulting Engineers. Mr. Gatlin reviewed the location of this multiple unit development. He noted that half of Violet Lane currently exists, with curb and gutter and partial utilities In place. The proposed development will consist of seven double units. This proposal will finish that development, including construction of the street, cul-de- sac and utilities to service the proposed development. A benefitting property is the property to the north, owned by the Lemieux family, that also has the potential to be subdivided. He explained the proposals and locations for the extension of sanitary sewer, water main, street, street lights and storm sewer. He noted the total project cost is $262,000, of which $113,800 is the city cost for water main and street lights; and $148,200 will be assessed. He reviewed the assessments and project schedule. Mayor Egan then opened the hearing to public comment. John Lemieux, owner of the property to the north, feels this was misrepresented to him, because when he was asked about the project, he was told by the developer there would be no cost to him. He has no intention to develop his property and Is opposed. Mayor Egan noted that the city cannot get Involved in any agreements made between two private parties. Dave Johnson, of DU Associates, apologized to Mr. Lemieux for any misunderstanding. He noted that when he first spoke to Mr. Lemieux, he did tell him there wouldn't be any assessments to him because under their original plan, the development would have come from Federal Drive. City staff told him they 0 00 EAGAN CITY COUNCIL MINUTES; AUGUST 2, 1994 PAGE 9 would not support the proposal so access had to come from Violet Lane. He again spoke with Mr. Lemieux and Informed him there would be assessments, but told him that development was Inevitable, and they intended to go ahead. He never said he would finish the unfinished portion of Violet Lane and provide services at his cost. Pearl Lemieux, 1565 Violet Lane, stated she Is opposed to these assessments. She and her husband were told that the assessments for utilities would be put Into the cost of the homes proposed for this development, and that the city was going to put In the street. Based on that, they spoke at the Planning Commission Indicating they had no objection to the project. Hunter asked whether she Is opposed to anything besides the assessments. Mr. Lemieux indicated he is not opposed to the project, just the assessments. Dave Johnson stated he feels the estimates are high, and hopes the bids come in lower. He urged Council approval. He feels compassion for the LeMeieuxes; however, he feels the completed street will benefit them. He would support anything the city could do to reduce the Lemieuxes' assessment. Mayor Egan suggested that perhaps the developer could offer a guaranteed cap on their assessments to make it more acceptable. Mr. Johnson indicated he would be willing to work with them. Pearl Lemieux added that in order for this development to go In, water main will have to go through their property. She asked that that be taken into consideration. Public Works Director Colbert indicated he doesn't know of any change of value to the property because of this. It would be Installed by the city, and they would only be assessed for lateral benefit. Hunter added that if they never develop it, they won't be assessed. Mayor Egan noted that the city would have to acquire a right-of-way easement for that. Mayor Egan dosed the hearing to public comment. Hunter indicated he is satisfied that Mr. Johnson will work with the Lemieuxes, and added that they can still appeal their assessment at the assessment hearing. He feels the project should go forward. Wachter concurred. Mayor Egan noted that the Council is recommending that the adjacent property owners try to work out a cap on the Lemieux assessment. Wachter moved, Hunter seconded a motion to close the public hearing and approve this project. Aye: 5 Nay: 0 :``BUSI'NESS REQUEST FOR EXTENSION OF TIME, GRADING/EXCAVATION PERMIT #EX-10-163 ROBERT O'NEIL PROPERTY Mayor Egan introduced this item as a request for extension of time on a grading/excavation permit for the Robert O'Neil property. Administrator Hedges indicated there was a request from the Johnson Brothers Corporation for an extension on the grading on the Robert O'Neil property. He noted there have been a number of concerns expressed by the City Council and staff relative to the noise, and unsightliness of Yankee Doodle Road as a result of the hauling. There is also a concern about the restoration of storm sewer, trailways and boulevard areas on Yankee Doodle Road. Public Works Director Colbert added that their insurance certificate has expired. He suggested that if this Is approved, a condition be placed on it that their insurance certificate be renewed. He also suggested that a condition be placed relative to the restoration of Yankee Doodle Road's boulevard area, traiiways and storm sewer system. Dan Dansby, of Johnson Bros. Corporation noted that restoration can be completed in about a week. They intend to restore the area, and are trying to address the complaints. They have increased the EAGAN CITY COUNCIL MINUTES; AUGUST 2, 1994 PAGE 10 hours of the pickup broom, and switched the type of pickup broom being used to reduce the dust. They haven't used a water truck because it causes tracking onto Yankee Doodle Road. Administrator Hedges noted that restoration also Includes the storm sewer and boulevard areas. Mr. Dansby indicated they intend to do that also. He acknowledged that they have work left to do and they will be taking care of that. Mayor Egan stated he feels the request is reasonable; however, he wants these things taken care of. Administrator Hedges noted a suggestion was made that a cash escrow be required rather than a bond. Public Works Director Colbert noted that the bond Is $500 per acre for general purposes. Hunter asked whether the restoration plan Includes the boulevard areas. Public Works Director Colbert responded the restoration plan was just to revegetate the areas disturbed by the filling operation. It was not anticipated that there would be any disturbance to the boulevard area. Hunter suggested that the boulevard areas be added as a condition of this extension. Mike Dougherty explained the difference between a performance bond and a surety bond. Discussion followed concerning the extent of restoration left and whether the bond amount is adequate. Hunter suggested that the escrow should be doubled to $1,000 per acre. Egan and Awada concurred. Hunter moved, Masin seconded a motion to approve the permit extension, subject to the condition that the escrow amount be Increased to $1,000 per acre, and the renewal of their insurance. Public Works Director Colbert asked whether they will be allowed to continue their operations while the bonds and Insurance are being renewed. Awada suggested that they be allowed to continue until Friday, at which time a cease and desist order be implemented is it isn't received. The maker and seconder accepted this additional condition. Aye: 5 Nay: 0 E$UAEEss VARIANCE/STEVEN AND MONICA SEME Mayor Egan introduced this as a variance for Steven and Monica Seme of 6.5' from the minimum setback of 50' from Johnny Cake Ridge Road, located on Lot 56, Block 2, Mallard Park 3rd Addition in the Northeast Quarter of Section 9. Community Development Director Reichert noted that this is a variance from the 50 foot setback on Johnny Cake Ridge Road. She noted that when these lots were platted, the setback was 30 feet, and these variances have been granted In other situations, especially on the side yard. She noted that the lot In question is a narrow lot, and they are requesting a variance of 6.5 feet. She is not recommending any conditions be placed on the variance. Mayor Egan stated he supports this because the house cannot be built on the lot and meet the setback requirements; the covenants are Intended to enhance value, and a strict interpretation of the setbacks would diminish the value of the lot; and other variances have been granted in the area for similar reasons. Eagan moved, Awada seconded a motion to approve the variance. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/STEINER DEVELOPMENT INC. Mayor Egan introduced this item as a conditional use permit for Steiner Development Inc., to allow a freight terminal In a Light Industrial district located on Lots 33 and 34, Block 2, Eagandale Center Industrial Park In the Northeast Quarter of Section 3 on the south side of Trapp Road. Administrator Hedges noted the Planning Commission held a public hearing on July 26, and recommended approval subject to conditions. EAGAN CITY COUNCIL MINUTES; AUGUST 2, 1994 PAGE 11 Community Development Director Reichert explained the location of this proposal and the conditions recommended. Tom Kordonowy, representing Steiner Development explained the building materials to be used and the nature of their business. Wachter moved, Awada seconded a motion to approve the conditional use permit, subject to the following conditions: 1. The developer must combine Lots 33 and 34 at the Dakota County auditor's office within 60 days of City CouncJ approval. 2. The Landscape Plan must be revised to Increase the variety of the plantings along the berm and an underground Irrigation system must be provided to serve all landscaped and green areas. 3. The development must submit a detailed grading, drainage and erosion control plan for City review and approval with the building permit submittal. 4. The development must construct a storm sewer system to collect the runoff from this site and convey the storm water to the existing storm sewer system on Trapp Road. 5. The sanitary sewer service must include a manhole at the right-of-way line of Trapp Road. 6. The driveway connections to Trapp- Road must be constructed with concrete aprons with a minimum width of 30 feet. Aye: 5 Nay: 0 Mr. Kordonowy complimented staff for their cooperation In putting this project together. PRELIMINARY PLAT EXTENSION/JAMES CURRY Mayor Egan introduced this item as a request by James Curry for a one year preliminary plat extension for Majestic Oaks Addition, located In the Southeast Quarter of Section 25. Community Development Director Reichert explained the location of this plat, and suggested that this be conditioned upon the developer providing a 30 foot buffer easement along LP 47 pond, and submitting a tree preservation plan. Mr. Curry expressed a concern about these conditions causing a delay In the project. After some discussion concerning the private drive and the easement strip, Mayor Egan stated he feels these conditions are reasonable. Awada and Wachter concurred. Hunter moved, Masin seconded a motion to approve the preliminary plat extension for James Curry, subject to the condition that a 30 foot buffer easement be provided along LP 47 pond, and the provision of a tree preservation plan for approval by staff. Aye: 4 Nay: 1 (Wachter opposed.) PRELIMINARY PLAT/FIALA ADDITION Mayor Egan Introduced this item as a preliminary plat for Fiala Addition, consisting of 2 lots on 3.6 acres of portions of previously platted Lots 5, 6, and 7, Skovdale Addition located on the northeast intersection of Pilot Knob Road and Deerwood Drive In the Northwest Quarter of Section 22. Administrator Hedges noted the Advisory Planning Commission conducted a public hearing on July 26, and recommended approval, subject to conditions. He noted he received a letter from Alyce Bolke, who is expressing objection to the financial obligation that has been indicated in the report. OO3 EAGAN CITY COUNCIL MINUTES; AUGUST 2, 1994 PAGE 12 Community Development Director Reichert explained the location of the plat and plans for the proposal. She noted that the assessment for storm sewer was miscalculated, and has been reduced from $6,041 to $3,521, and the total assessment reduced to $5,804. Public Works Director Colbert noted when trunk area storm sewer was Installed in this area, Lot 5 was an existing platted lot. The city's policy for existing platted lots that are homesteaded Is that the city only assesses the first 16,500 square feet of each acre. At that time, they were assessed for that. When the plat is subdivided, the remaining square footage assessment Is due and payable. The assessment was calculated on the entire square footage, which accounts for the reduction In their assessment. Awada moved, Wachter seconded a motion to approve the preliminary plat of Fiala Addition, subject to the following conditions: 1. The developer must comply with standard condition of plat approval Al, B1, B3, C1, C2, E1, F1, G1, and H1, as adopted by Council action on February 2, 1993. 2. The developer must pay a cash dedication to satisfy park, trails and water quality requirements. 3. The developer must prepare a Tree Preservation Plan to be submitted with the building permit application. 4. The developer shall install a culvert under the proposed driveway of sufficient size and capacity to handle runoff In the existing swale over the Williams Pipeline Company easement. Aye: 5 Nay: 0 PPMAim PLANS AND SPECIFICATIONS, VIOLET LANE AND YANKEE DOODLE ROAD Mayor Egan Introduced this item as Contract 94-02, approve plans and specifications and authorize advertisement for bids, Violet Lane Street and Utilities and Yankee Doodle Road Street Improvements. Wachter moved, Hunter seconded a motion to approve plans and specifications and authorize advertisement for bids for Contract 94-02. Aye: 5 Nay: 0 Councilmember Hunter noted that next Wednesday Is the Dakota County League of Governments meeting and he will be unable to attend. Masin Indicated she will try to attend In his place. Mayor Egan noted he and Councilmember Awada just returned from the National Organization to Insure a Sound Controlled Environment (N.O.I.S.E.) Conference. He explained the membership of the N.O.I.S.E. organization, and the issues they address. He stressed what an influential organization this is, and the benefit and Importance of being a member of this organization. Awada congratulated Mayor Egan on being named president of this organization at the conference and added that the technology in reducing noise has progressed a lot more than the F.A.A. ever predicted. She Is pleased to see the progress that Is being made since it has a large impact on the community. )1VlINISRI)w #GND1 New Name/City Newsletter. Administrator Hedges noted that the public was given the opportunity to submit names for the city newsletter. He added that the words The Official Newsletter of the City of EAGAN CITY COUNCIL MINUTES; AUGUST 2, 1994 PAGE 13 Eagan" will appear under the title of the newsletter. He noted that during department head review, it was suggested that "Lone Oak View" or "The Lone Oak" suggest historical reference, and might be more appropriate for a section of the newsletter dealing with historical information. Another item of discussion was whether "Eagan" should be in the title of the newsletter. After some discussion, Wachter moved, Hunter seconded a motion to name the city newsletter "Experience Eagan". Aye: 5 Nay: 0 Vacate a portion of oublic right-of-way, receive petition/order public hearing (Blackhawk Road at Cliff Lake Road. Hunter moved, Wachter seconded a motion to receive the petition to vacate a portion of public right-of-way for Blackhawk Road at Cliff Lake Road and that a public hearing be scheduled for September 6, 1994. Aye: 5 Nay: 0 Project 673. T.H. 3/School Road - Review Assessment Policy. Public Works Director Colbert noted that at the last Council meeting, several concerns were expressed by property owners and developers regarding the city's proposal to finance the improvements along T.H. 3, the signalization, and the oversizing of School Road on an area-wide basis. At that time, one of the developers of Pine's Edge Addition requested special consideration of their assessments in order to proceed with their plat. The developer indicated at that time that he won't proceed with the plat unless consideration is given to placing a cap on their assessments. Council directed staff to work with the developers and property owners to see what could be done regarding these assessments. The project was done using the current assessment policy, and he feels some direction from the Council is needed to try to resolve these concerns. He handed out a memo showing the costs of what was considered for area-wide assessments. Following city policy, the entire project was financed through special assessments, with the exception of the sidewalks. Many comments were made at the public hearing that the school should be paying for some of these improvements. He noted that the school is financing $664,000, and the other properties are financing $978,000. If the Council wishes to change the assessment policy for this project, he will prepare a revised assessment roll. He added that these figures assume no MnDOT participation, but include an estimate for right-of-way acquisition. He reviewed the anticipated MnDOT participation in some of the improvements and how it would affect the project costs. Mayor Egan stated it would be difficult to make this decision tonight. Public Works Director Colbert noted that reductions cannot be parcel specific; they must be by classification. Mayor Egan stated he feels the Industrial area deserves consideration. Hunter expressed a concern about setting a precedent by doing this. City Attorney Dougherty indicated assessments can't be negotiated on an Individual basis, but can be negotiated on a uniform class of properties. Hunter stated he feels there is more than $2,000 city-wide benefit, but it needs to be quantified. Community Development Director Reichert noted they will be trying to convince MnDOT that there Is also a state-wide benefit. The Council could agree to pick up whatever MnDOT doesn't. Awada stated she doesn't support picking up all of that amount, but would support paying 50% of whatever MnDOT doesn't pay. She feels the T.H. 3 improvements definitely have a city-wide benefit. Wachter stated he doesn't feel it is appropriate to reduce the assessments now. Community Development Director Reichert stated she Is meeting with Rick Packer tomorrow regarding putting a cap on their assessments. Hunter noted that the assessment reduction would apply to everyone. Mayor Egan Indicated he would support having the city pick up a percentage of the T.H. 3 improvements, and the School Road/T.H. 3 intersection and oversizing. He feels the school should assume responsibility for the T.H. 3 signal, as well as the railroad crossing. Public Works Director Colbert noted that School Road is not a collector street, or the oversizing could be funded by the Major Street Fund. The consensus of the Council was to fund 50% of the non-MnDOT funded portion of the T.H. 3 improvements; and one-third of the non- MnDOT funded portion of the School Road/T.H. 3 Intersection and oversizing. After discussion concerning MnDOT participation, Hunter moved, Egan seconded a motion to revise the City's assessment policy for Project 673R to pick up 50% of the non-MnDOT funded portion of the T.H. 3 improvements; and one-third EAGAN CITY COUNCIL MINUTES; AUGUST 2, 1994 PAGE 14 of the non-MnDOT funded portion of the School Road/T.H. 3 Intersection and oversizing. Aye: 5 Nay: 0 Public Works Director Colbert indicated he will bring back a revised assessment roll. Bob Pfaff, who lives on Wilderness Run Drive, expressed his concern over the Council action to remove the tree on his property. He feels the city doesn't care about trees and asked why this tree is a safety hazard. Mayor Egan noted that there Is surmountable curb on that street, and having the tree so close to the curb presents a major liability issue to the city. Mr. Pfaff noted that if his tree is removed, then all trees in the city that are close to surmountable curb should be removed as well. He noted there are similar trees at 1305 and 1354 Wilderness Run Drive, 4424 Wilderness Run Circle; on Ches Mar Circle; and two trees on the road from Wilderness Lane to Cliff Road. He complained about Inferior job of snowplowing on his street. Councilmember Hunter stated he feels any trees that are that close to the curb should be removed. He feels it is a health, safety and welfare issue. If there are other areas in the city with similar problems, they should be identified. The reason this area was identified Is because there are improvements being done in the area. He encouraged Mr. Pfaff to submit his list of addresses with similar trees. He feels the city does an excellent job of tree preservation and growth, but when they become a health, safety and welfare problem like this tree, he feels the Council needs to take action and remove them. Wachter concurred, stating that if that is a blind comer, it should be removed. If there are others, the city should know about them and they should be acted upon. He feels it should be standard procedure to remove these types of trees. Hunter added that city staff should report these trees when they find them. Administrator Hedges noted that staff does inventory obstacles in boulevards on a regular basis, and they are enforced. He also asked Mr. Pfaff to let him know if he is unhappy with the quality of snowplowing. He feels the city has a good snowplowing program and If something is getting missed, he wants to know about it. Masan noted that this area Is beautifully landscaped, and since this is on a side street, she isn't sure it is a tremendous hazard. If the tree isn't growing very fast, it shouldn't damage the curb. Administrator Hedges noted it is an oak tree, so it will grow slowly, but it will get larger. Mayor Egan stated he understood that the roots are already a potential hazard, and would be to the new curb as well. Public Works Director Colbert noted that there is a concern about damage to the tree and roots in the process of removing and replacing the curb. When this was first put in 20 years ago, they were probably able to work around it, but it should have been removed at that time. He added that this tree is leaning, so there is also concern about the overhang Into the street. Each tree is evaluated on an individual basis, depending on the type of tree, canopy, slope, proximity, and whether curbing has to be removed and replaced. They only remove those that are considered an Imminent hazard to the street functions. He will look at the other trees, but isn't convinced they all need to be removed. R...............::................ C UND1 lBLE Community Development Director Reichert noted that at the last meeting, the Council requested overall plan development revision for the Town Centre area as a condition of the development. She indicated she gave them extra time to submit this revision to the Planning Commission, but since they still have not done that, she had to remove two items on the Planning Commission agenda relative to this area. Public Works Director Colbert indicated he will be submitting a report on the accident with the street sweeper. The employee sustained some injuries, but they were not serious, and he should be back to work in a couple of days. EAGAN CITY COUNCIL MINUTES; AUGUST 2, 1994 PAGE 15 Administrator Hedges noted he needs Council action to set special Council meetings to discuss the civic arena and the budget. Hunter moved, Awada seconded a motion to set special Council meetings for 5:00 p.m. on August 16 and 23. Aye: 5 Nay: 0 Administrator Hedges reminded the Council that the Capon! Art Park open house is Saturday and Sunday. He also noted that the gift policy went into effect on August 1, and indicated If Council members have any questions, they should contact him. He feels the law is vague and interpretation is difficult. He noted that more information will be forthcoming. Mayor Egan noted that the Tree Trust is having a dedication at Sky Hill Park with a lunch and asked whether it is appropriate to have lunch. City Attorney Dougherty indicated the sponsoring party needs to be Identified, as well as their interest. If it is civic related and they are not looking for anything from the city, it isn't a problem. It is important to Identify that first, however. Mayor Egan indicated he has been asked to chair the Association of Metropolitan Municipalities Transportation and General Government Committee, and one of their policies has to do with annexation. He asked to get City Attorney Sheldon's opinion on the annexation laws. Councilmember Masin asked that all street work on the Yankee Doodle Road/Terminal Drive project be documented between now and the next time it is reconstructed. She thinks it would be Interesting to know how long that road will last with the overlay. Councilmember Masin noted there is a sign by the radio station on Cliff Road that she thinks is In violation of the city's sign ordinance. Councilmember Masin noted that the bids were postponed on the Minnesota Valley Transit Authority hub in Burnsville. She noted they allocated money for a transit station in Apple Valley, as well as for a study on a future Park and Ride lot. Councilmember Hunter indicated he is glad to see the Open Issues list back, and he has some items he feels should be added. He submitted them to the Council Secretary. Councilmember Awada noted she went by the house on Highview Avenue, and it is in very bad shape. She hopes the city does everything possible In an extremely timely fashion, and update the Council periodically on the status. CHECK REGISTER After several questions, Wachter moved, Egan seconded a motion to approve the checklist dated July 29, 1994, in the amount of $1,417,693.39. Aye: 5 Nay: 0 ADJOURNMENT Wachter moved, Egan seconded a motion to adjourn the meeting at 11:10 p.m. Aye: 5 Nay: 0 DLP August 2, 1994 Date C Clerk If you need these minutes In an alternative form such as large print, braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454-8535). APPENDIX A LIST OF ELECTION JUDGES FOR PRIMARY City Council Approval, August 2, 1994 DEMOCRAT REPUBLICAN BILL GUELCHER LUCIA JOHNSON HELEN GERTEN ERIC LOCKHART CAROLYN THRUSTON KIM EDSON PATTI BENJAMIN VICKI JABBRA JUDY SAIMA BARB SCHREINER KAREN UECKER JEANNE KOEHLER BOB ZIMMERMAN STEPHEN OLSON RICHARD IFFERT NANCY ERICKSON ANN THOMAS PAULINE LEGENDRE MARILYN PORTER ANNE SULLIVAN GROVER BEI .131 SHARON SCHOELLER FRANK HAMERNIK MARY JANE LAROCK SHEILA SHAY ELAINE JONES ALICE KREITZ ETHEL GROFF CAROL SUE CRUZ JIM DRISCOLL JUDY HANSEN SANDRA NELSON JUDY MUNDAHL RUTH PRYOR SHARON LINDHOLM MARY BAEHR ANGIE FLYNN KAREN FLOOD JIM DECH PENNY JOHNSON DOROTHY PETERSON SHARON ASTLEFORD NEAL BLACK MARILYN LEGLER SHARON LINDHOLM PHYLLIS LIGMAN TERRY MESTNIK JEAN KIMBER HELEN JARVI KAY KOHLMAINEN MARK OLSON EVELYN USS JEAN HARMON EMILY MEDIN ROSEMARY TEAFORD M I C H E L L E FLORENCE MULLEN ANTHONY VILLELLI JOAN BOHLIG SKINDELIEN ELIZABETH BASSETT ELEANOR VILLELLI CAROL BERMAN WALTER KLAUS WALTER LAWRENCE LAURA BASBALLE BARB NUTTALL MARTIE RUZICKA EVELYN OTTERNESS JUDITH HAWLEY ZELLA MIRICK CLARENCE HANSON MICHELLE DICK JUNE NELSON JUNE KETCHAM BARB LINERT BARBARA SHIELDS ELEANOR BRUCE CATHY BROST r `RENCE HANSON ROBERT VOGEL MILDRED HARTLEBEN '1,: _...LIAM SKAR LYLE SEVERSON ROBERT MILLER KAREN DARE ELANOR KEEGAN ADELAINE BUEHLER CAROLEE JONES CAROL VIHOVDE JOHN MATSCHINER MARTI GUETZLAFF JAN GIEFER MAUREEN PREBELICH JOANN GEORGE ARELENE LEIBEL LYNN PRAZAK SHARON BRUCE JAN BELIVEAU EDITH DRAKE GLADYS BYRNES NANCY SEVERSON RUTH TWOMEY JUDY PETERSON BERNADINE GOESS LOIS AGRIMSON LOIS EKEY SHIRLEE KLANG ROSE VLMR CHUCK LANGNICKEL JOYCE LANGNICKEL MARGE JACOBS MARY HANSEN CHAR O'DONNELL AURELIA PETERSON JANET SCHUETZE VIVIAN DATE SONYA LARSON PHYLLIS MANTHEY GARY DODGE LORRAINE RIEGER KAY DODGE DONALD SEKTNAN LEO AMUNDSON LORRAINE BUNKER YVONNE KRISNIK VICKIE PLOTT BEVERLY ZAINE MARILYN HOLM JAMES ORCUTT ANN OURADNIK MARGARET PELLERIN MARIE LANE F TLYN COTA PAUL YOUNGNER I Y KELLNER PAT KAEDER IRENE WACHTLER MARY TESKE