Loading...
11/15/1994 - City Council Regular 0363 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota November 15, 1994 A regular meeting of the Eagan City Council was held on Tuesday, November 15, 1994 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Counclimembers Wachter, Masin and Hunter. Absent was Councilmember Awada. Also present were City Administrator Tom Hedges, Community Development Director Peggy Reichert, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. iEN Masin moved, Hunter seconded a motion to adopt the agenda as presented. Aye: 4 Nay: 0 Hunter moved, Wachter seconded a motion to approve the minutes of the November 1, 1994 Regular Meeting as presented. Aye: 4 Nay: 0 MIN TES < F OVEMBf ir.. 994 S CI ~L fi ETING Councilmember Hunter requested that language be added on page 2, paragraph 6 to read, "Hunter commented that perhaps the city should use some of the franchise fees for Municipal Center Local Area Networking and gaining a direct Internet connection. Seeing agreement from the Council, he challenged Mike Reardon to make this a reality by next April." Wachter moved, Hunter seconded a motion to approve the minutes as amended. Aye: 4 Nay: 0 PROM E ri John Mazurek congratulated Councilmembers Wachter and Awada on their reelection to the Council. He noted he ran a low profile campaign partially due to the fact that he opposes plastic yard signs. He feels the City should require that campaign signs be required to be biodegradable. He asked the Council members to review their stands on the issues, particularly business issues and expressed a concern about the Increase in property taxes. Councilmember Wachter noted that a lot of the increase was due to fiscal disparities. Administrator Hedges added that those increases will be better explained at the Truth In Taxation hearings. Hussein Ansari brought to the attention of the Council a situation with his business wherein he requested some leniency to some of the conditions of his conditional use permit relating to the trash enclosure and landscaping on this property, and a request for a car wash on his property. He was not happy with the way he was treated by staff. He feels neighboring businesses are not being required to do the same things he is being required to do. If the City isn't willing to cooperate with him, he will be forced to move his business elsewhere. Community Development Director Reichert indicated she spoke with Mr. Ansarl and she thought they had an agreement as to how this would proceed. Administrator Hedges suggested this be referred back to staff and a memo can be brought back to the Council explaining this Issue. After considerable discussion concerning this property, Wachter moved, Hunter seconded a motion to authorize staff to work with Mr. Ansari and that a schedule must be in place by February 1 as to how he will come Into compliance with the conditions of the conditional use permit. After more discussion, Councilmember Wachter withdrew his motion and requested this be brought back at the next meeting. EAGAN CITY COUNCIL MINUTES; NOVEMBER 15, 1994 PAGE 2 DEPARTMENT HEADBUSINESS Item 1 Authorize Water Shut-off, Meter Change-over Program. Public Works Director Colbert noted that staff has made another attempt to gain entry to the 11 remaining homes to implement the meter changeover program. He noted they were able to enter five of the homes, but there are six homes remaining they need to gain entry to. He is requesting the Council to authorize water shut-off to these homes If they don't make arrangements for entry. Wachter moved, Hunter seconded a motion to authorize the water shut-off of the remaining six homes for the meter change-over program. Aye: 4 Nay: 0 Councilmember Wachter asked a question about the painting of water towers, and raised a concern about the sign ordinance relating to election signs. He feels the sign ordinance needs to be enforced and would like to see a limit on the number of signs allowed to candidates. He suggested looking at what other communities are doing. Police Chief Geagan stated that there are several different places that are applicable to campaign signs and it causes some confusion. Wachter moved, Hunter seconded a motion to direct staff to review the sign ordinance relating to campaign signs and bring it back to the Council. Councilmember Masin asked whether cities can ban campaign signs. City Attorney Sheldon stated it is very difficult to do. Aye: 4 Nay: 0 CONSENT AGENDA In regard to Item C, Findings of Fact for denial of Vantage Pointe Preliminary Subdivision. Councilmember Hunter expressed a concern about voting on this with the absence of Councilmember Awada. He indicated that although he voted against the original motion, because he feels this is just a recitation of previous Council action, he feels it is appropriate to vote in favor of the motion. City Attorney Sheldon noted that the applicant's attorney wrote a letter stating he feels this action would be in violation of the Writ of Mandamus. Mr. Sheldon stated he disagrees with this opinion, indicating this action is being taken to preserve the city's rights on an appeal. In regard to Item D, Resolution. Grant Application to PCA for Fish Lake, Councilmember Masin questioned why the city is draining storm water into Fish Lake and then paying to clean it up. Rich Brasch, Water Resource Coordinator, explained that a lot of the storm sewer infrastructure was in place before water quality was an Issue. Also, the storm water is actually cleaner than the water in the lake and acts as dilution. The grant will cover further dilution of the contaminated water. Wachter expressed a concern about getting cooperation from the people who are contributing to this contamination. He feels the city needs to be more emphatic about letting people know they don't need to use extra fertilizer on their lawns. In regard to Item E, Change Order #4, Contract 93-16, Lexington /Diffley Athletic Site. Councilmem- ber Wachter stated he feels this should have been in the original contract. In regard to Item G, Prepare Plans and Specifications, Contract 94-19, Water Quality Improvement Projects. Councilmember Wachter had a question about the cash dedication. In regard to Item I, Massage Therapist Licenses, Councilmember Hunter stated he feels these licenses should be approved under the existing ordinance, and that staff should take the Input and review the ordinance for changes if they deem it appropriate. In regard to Item Q, Change Orders, Police Facility/Municipal Center Expansion, Councilmember Wachter had questions relating to insulation and the handicapped accessible jail cell. A. Personnel Items EAGAN CITY COUNCIL MINUTES; NOVEMBER 15, 1994 PAGE 3 Item 1. It was recommended to approve the hiring of the person to be recommended as a Clerical Technician III In the Parks & Recreation Department. Item 2. It was recommended to approve the hiring of Robert Rys as a Temporary Administrative Intern. Item 3. It was recommended to approve the hiring of Matt Glaesman as a temporary Planning Intern. Item 4. It was recommended to approve the hiring of James Blair, Joseph Lawrence and Jeff Zimmerman as part-time cable telecasters. Item 5. It was recommended to accept the resignation of Nancy Hammel, part-time Clerical Technician III In the Parks & Recreation Department. Item 6. It was recommended to accept the resignation of Community Service Officer Khamtanh Siouthai. B. Plumbers Licenses. It was recommended to approve the plumbers licenses for Gilbertson Plumbing & Heating, The Plumbing Place, Inc. and Valley-Rich Company, Inc. as presented. C. Findings of Fact for denial of Vantage Pointe Preliminary Subdivision. It was recommended to approve the findings of fact. D. Resolution, Grant Application to PCA for Fish Lake. It was recommended to approve the resolution. R-94.87 E. Change Order #4. Contract 93-16, Lexinaton/Diffley Athletic Site. It was recommended to approve the change order in the amount of $1,495. F. Final Payment, Contract 93-03. Pond BP-4 Modifications. It was recommended to authorize final payment and accept water improvement work for Pond BP-4. G. Prepare Plans and Specifications, Contract 94-19, Water Quality Improvement Projects (Ponds JP-14 and JP-5Z It was recommended to authorize preparation of plans and specifications for Contract 94-19. H. Liquor License Renewals, On-Sale Liquor. Off-Sale Liquor, On-Sale Club, Wine, On-Sale Beer Off-Sale Beer. It was recommended to approve the liquor license renewals as shown in Exhibit A. 1. Massage Therapist Licenses. Peter Dietzler, Jerilynn (Gigi) Hicks-Decker. It was recommended to approve the massage therapist licenses as presented. J. Off-Sale Beer Licenses, Twin City Stores, Inc. for Three Fina locations. It was recommended to approve the off-sale beer licenses for Twin City Stores, Inc. for Fina stores located at 3150 Dodd Road, 4250 Lexington Avenue South and 1286 Lone Oak Road. K Contract 94-07, Acknowledge Completion /Authorize Final Payment (Police Building Excavation). It was recommended to acknowledge completion and authorize final payment of Contract 94-07 and authorize the second and final payment to Imperial Developers in the amount of $10,769.79 and accept said improvements subject to appropriate warranty conditions. L Project 6388, Approve No Parking Resolution, Yankee Doodle Road - Lexington Avenue to East of TH 149.. It was recommended to approve the resolution and authorize the Mayor and City Clerk to execute the resolution. R-94.88 EAGAN CITY COUNCIL MINUTES; NOVEMBER 15, 1994 PAGE 4 M. Approval of Detoitte & Touche Engagement Letter for Audit and Arbitrage Rebate Services for the year Ending December 31.1994. It was recommended to approve Deloitte & Touche as the independent auditors and providers of arbitrage rebate calculation services for the year ended December 31, 1994 per the terms of the engagement letter. N. Soeclal Use Permit to sell Christmas trees. Eagan Evangelical Covenant Church. It was recommended to approve the special use permit, subject to the following condition: 1. The permit is temporary and shall expire January 1, 1995. 2. All signage will require a sign permit and be subject to the one-time sign fee of $2.50/sq. ft. 3. The permit shall be subject to all applicable Code requirements. 0. Approval, Grant Application for GIS Proposal. It was recommended to approve participation in the grant application for development of a GIS/Economic Development Information System and authorize the City Administrator to execute appropriate application documents. P. Amendment to Minutes of October 4. 1994 City Council meeting. It was recommended to approve an amendment to the minutes of the October 4, 1994 City Council meeting to read, "Hunter moved, Wachter seconded, a motion to approve change orders covering Bergh's Fabricating - pco #2, McGuire Mechanical - pco #1, and Peterson Electric - pco #3 to the Police Facility/Municipal Center Expansion in the amount of $7,928.' 0. Change Orders. Police Facility/Municipal Center Expansion. It was recommended to approve change orders covering AWR Inc. for pco #30, Harmon Contract for pco #28, McGuire Mechanical for pco #27, Bergh's Fabricating for pco #25 and Northland Concrete for pco #1 and pco #9, totalling $5,552. R. Contract 94-18. Receive Bids/Award Contract (1995 Seatcoat Aggregate). It was recommended to receive the bids for Contract 94-18, award the contract to Meridian Aggregates Company in the amount of $36,000 and authorize the Mayor and City Clerk to execute all related documents. S. Special Hunting Permit, Timothy R. Michels. It was recommended to approve the special bow hunting permit. T. Special Hunting Permits. Craeg A. Nolan. It was recommended to approve the special bow hunting permits. U. Special Hunting Permit. Maureen K. Steltz. It was recommended to approve the special bow hunting permit. V. Receive Assessment Roll/Order Public Hearing, Delinquent Weed Cutting and Miscellaneous Bills. It was recommended to receive the assessment roll and order the public hearing for assessment of delinquent weed cutting and miscellaneous bills for December 7, 1994. W. Project 673. Approve Right-of-Entry Agreement (Red Pine Lane - Finch Property). It was recommended to approve the right-of-entry and temporary construction easement for Project 673 with Gene and Debbie Finch and authorize the Mayor and City Clerk to execute all related documents. Wachter moved, Hunter seconded a motion to approve the consent agenda. Aye: 4 Nay: 0 13- EAGAN CITY COUNCIL MINUTES; NOVEMBER 15, 1994 PAGE 5 PUBLIC HEARINGS FINAL ASSESSMENT HEARING/WOODLANDS N 3RD ADDITION Mayor Egan introduced this item as Project 648, Final Assessment Hearing, Woodlands N. 3rd Addition Streets and Utilities. After a brief introduction, Public Works Director Colbert gave a brief overview of the project and noted that there was considerable discussion regarding the allocation of assessments at the Council meeting. He explained the revised assessment roll and noted he received letters of objection from the developers of the Trails End Addition and Woodlands North 3rd Addition, and the Hovelands. Mayor Egan then opened the hearing to public testimony. Howard Kyllo, representing Robert Engstrom Companies, expressed his opposition to this assessment. He pointed out that forgiveness of an assessment doesn't increase the benefit to others. Trig Hoveland, 3485 Trails End Road, expressed his opposition to the assessment, indicating he doesn't understand why his assessment is so high. Public Works Director Colbert explained how his assessment amount was reached. Considerable discussion followed concerning how assessments are arrived at and how the project is being done. Tom Murray, representing Springbrook Corporation, expressed his opposition to the assessments, concurring with the opinion that forgiveness of an assessment doesn't increase others' benefit. Mayor Egan then closed the hearing to public comment. Councilmember Hunter stated he doesn't think there would have been objection if the assessments hadn't been revised. He suggested that half of the reallocation be picked up by the Trunk Fund, and the other half be assessed as proposed. Councilmember Wachter and Mayor Egan stated they feel that is a fair compromise. Wachter suggested that the two unplatted parcels be required to pay these assessments when they develop. Mayor Egan disagreed with that, Indicating it would place an undue burden on staff to keep track of it. After considerable discussion concerning how the area developed, Hunter moved, Wachter seconded a motion to close the public hearing for Project 648 and modify the assessment roll by spreading half of the reassessed amount to the surrounding property owners as previously proposed, and the other half to be paid for by the Trunk Fund, and that the assessment to the Welter property be deferred until the property is sold or subdivided, subject to the property owners entering into an agreement to do so within 30 days. Aye: 3 Nay: 1 (Egan opposed.) OLD BUSINESS CONSIDER ACQUISITION OF HOLZ FARM Mayor Egan introduced this item as consideration of acquisition of Holz Farm. Administrator Hedges explained the background of historic farm preservation as part of the park system. He noted that although the Council has considered the Holz farm before, the circumstances surrounding this farm have changed, so it was felt the Council might now want to consider it. Staff has done some preliminary negotiations to find out cost and availability of this parcel. Parks and Recreation Director Vraa indicated that this was discussed by the Advisory Parks, Recreation & Natural Resources Commission at their meeting last night, and some of the potential uses for this site were discussed. He showed a portion of a video that featured this farm. Pam Scharibillig, an Eagan resident, expressed her support for the preservation of this farm. 000 EAGAN CITY COUNCIL MINUTES; NOVEMBER 15, 1994 PAGE 6 Dave Johnson indicated he purchased the property with the idea of developing it. He has some builders that are interested in having him develop it; however, he would consider selling it to the city if he was able to make some profit on it. He understands he won't make as much as if he developed it, but he understands why the city is interesting in preserving it. Councilmember Wachter stated he feels it is important for the youth of the city to see a functioning farm. He supports the preservation of this farm. Councilmember Masin asked whether this could be designated as historically significant. Parks and Recreation Director Vraa indicated they can pursue that. Mayor Egan stated he feels the price is inflated, and hopes Mr. Johnson will be flexible on the price. Councilmember Hunter concurred that the figure is inflated; however, he feels the developer is entitled to a fair return on his Investment. After some discussion, Wachter moved, Masin seconded a motion to direct staff to continue negotiations for the acquisition of this property. Aye: 4 Nay: 0 NEW! BUSINESS REZONING/PRELIMINARY SUBDIVISION SIGNATURE PROPERTIES, INC./LENTSCHS DEERWOOD POINT Mayor Egan introduced this item as the rezoning and preliminary subdivision for Signature Properties, Inc./Lentschs Deerwood Point. After a brief introduction, Community Development Director Reichert gave a staff report on this project. Issues raised by the Planning Commission were how wide the driveway should be and how far from the intersection the driveway should be placed. A question also arose about the tree preservation program as it pertains to vacant land. Don Lentsch, the applicant, noted they increased the width of the driveway to 18 feet and they feel that is adequate. He feels it is a good proposal and urged Council approval. Bob Weigart, of Paramount Engineering, stated he feels the driveway will provide adequate site distance. If the driveway is moved farther to the north, a retaining wall may be needed. Public Works Director Colbert noted that site distance Isn't the issue he is concerned with. The main problem is providing adequate room to complete the turn out of the development and end up perpendicular to the curb at the stop sign. The possibilities of placing the driveway on the north side of the lot, and running diagonally across the lot were discussed at length. Whether a fire truck would be able to accommodate this development was also discussed. Mike Petrulo, 3950 Clippers Road, expressed the concerns of the residents of Clippers Road regarding safety, incompatibility, and tree preservation. Considerable discussion followed concerning the style of the homes that may be built there and alternative locations for the driveway. Mr. Petrulo also expressed a concern about the developer cutting down a number of trees prior to applying for their development. He feels the tree preservation policy needs to be changed to keep that from happening. Community Development Director Reichert explained the tree preservation plan for this development. A landscape buffer was discussed to screen the homes from Clippers Road. Donna Corlier, of Appaloosa Trail, indicated she is opposed to the driveway being located on the north side of the property for safety reasons. Nick Boosales, 3955 Clippers Road, indicated he prefers a different lot layout of the property. He doesn't like the lot orientation of the westernmost lot. He would like to see some screening on the west side of the property. The type of homes that could be built in this development, different driveway locations and several lot layouts were discussed. J,rn t-<- EAGAN CI1Y COUNCIL MINUTES; NOVEMBER 15, 1994 PAGE 7 Bob Welgart urged Council approval, Indicating they would be willing to move some of the trees to the west side to create a buffer to Clippers Road. Don Lentsch added that he has met the Intent of what the Planning Commission set forth, and they spent a lot of time developing this proposal. He would be willing to provide the buffer, and indicated he feels the location of the driveway Is the best one. He urged Council approval. Councilmember Wachter indicated a concern about clearing the entire western side of the lot. Mr. Lentsch stated they want to maintain as much of that as they can. Councilmember Hunter stated he feels it is important for Planning Commission members to go out and view all properties to be subdivided. He also noted there is a loophole in the tree preservation policy, that being the ability of a land owner to remove many trees before o applying for subdivision, thus skirting the tree preservation policy, and feels it should be addressed by the Parks, Recreation & Natural Resources Commission to see if there is a way to close that loophole. He feels the driveway should be 20 feet wide and that it should be 40 feet from the right-of-way line. He also favors a buffer along the western side of the property. Mayor Egan stated he supports the 40 foot setback for the driveway, but questioned whether it is adequate for emergency vehicles. Public Works Director Colbert Indicated it Is difficult to know without seeing a revised plan. Mayor Egan stated he doesn't feel it Is appropriate for adjacent property owners to suggest alternate plans for the property. He needs to evaluate whether the plans that were submitted are reasonable. Wachter reiterated his concern about fire trucks being able to make that turn. Hunter moved, Wachter seconded a motion to approve the rezoning of 1.72 acres from Agricultural to R-1 Single Family located north of Deerwood Drive and west of Pilot Knob Road. Aye: 4 Nay: 0 Hunter moved, Egan seconded a motion to approve a preliminary subdivision consisting of 3 lots on 1.72 acres for PID #10-02100-030-03, subject to the following conditions: 1. Standard conditions of plat approval Al, B1, B2, B4, C1, C2, Di, E1, F1, G1, and H1, as adopted by Council action on February 2, 1993. 2. A variance of 37' to the minimum lot width at the building setback line for Lot 2. 3. Direct access to Deerwood Drive Is prohibited. 4. Access to the three lots shall be provided via a 20' wide private driveway that connects to Clippers Road and shall be at least 40 feet from the right-of-way line on Deerwood Drive to the south curb line of the driveway. 5. The developer shall provide a private ingress/egress easement over the private drive. This easement shall include the City as a third party beneficiary and be submitted for review by the City Attorney's office and recorded with the subdivision. 6. The developer shall provide private easements over private sewer and water services that cross lot lines. 7. The developer shall locate and abandon all septic systems and wells In accordance with Dakota County and City requirements. 8. A cash park, trail, and water dedication. 9. The developer shall submit a revised Tree Preservation Plan for Council review prior to final plat approval. The plan shall Include screening along Clippers Road as part of the tree replacement plan. 0 3`'o EAGAN CITY COUNCIL MINUTES; NOVEMBER 15, 1994 PAGE 8 10. The access plan shall be approved by the Fire Marshal and Director of Public Works. Aye: 4 Nay: 0 FINAL PLANNED DEVELOPMENT/PRELIMINARY SUBDIVISION/ CONDITIONAL USE PERMIT/VARIANCE TOWN CENTRE 100 FIFTEENTH ADDITION/RED ROBIN INTERNATIONAL Mayor Egan Introduced this item as the Final Planned Development, Preliminary Subdivision, Conditional Use Permit and Variance for Red Robin Restaurant. After a brief introduction, Community Development Director Reichert gave a staff report on the proposal. Bruce Miller, of Federal Land Company, noted that representatives of Red Robin apologized for not being able to have representatives at the meeting, and showed pictures of some of their other restaurants and a menu. He gave some history of the company and noted they object to the boardwalk requirement due to the cost. Discussion followed concerning the costs associated with the boardwalk and who will pay for it. Councilmember Wachter indicated a concern about the excavation as it relates to the location of the black willow trees on the site and the cattails on the pond. He would like to see the cattails preserved. Bruce Miller stated he will discuss that with them. Public Works Director Colbert noted that regarding the boardwalk, he needs to review its relationship to the pond elevation. Bituminous can withstand inundation better than a wood structure. Community Development Director Reichert noted that Park and Recreation staff suggested the boardwalk be placed on floats supported by stakes to allow for changes in pond elevation. The Council concurred that the applicant should be responsible for the cost of the boardwalk only up to the cost of a bituminous trail. Any overage will be borne by the City. Hunter moved, Wachter seconded a motion to approve the preliminary subdivision consisting of 2.3 acres with one lot for a restaurant and a variance to the parking stall width of 9 feet, located in the northeast quarter of Section 15, subject to the following conditions: 1. The Developer shall comply with standard conditions of plat approval Al, B1 B2, B3, B4, C1, C2, C4, El, F1, G1 and H1 as adopted by Council action on February 3, 1993. 2. Dedication of the additional 15 feet of right-of-way for Yankee Doodle Road for a total of 75' half right-of-way. 3. Restricted access on County Road #28 - Yankee Doodle Road. Wachter moved, Hunter seconded a motion to approve the final planned development for Red Robin, Restaurant, subject to the following conditions: 1. A 8,116 square foot Red Robin Restaurant is approved to be developed on Lot 1, Block 1, Town Centre 100 Fifteenth addition. 2. The Final Planned Development Agreement for this lot shall be executed prior to final plat approval. The following exhibits necessary for the Agreement shall be provided as part of the final plat of this property: final site plan; final building elevation plan; final signage plan and final landscape plan. 00"" EAGAN CITY COUNCIL MINUTES; NOVEMBER 15, 1994 PAGE 9 3. The proposed pylon sign must be located a minimum of 10' from each property line. 4. The proposed pylon sign must be in conformance with the Town Centre Pylon Sign Agreement. 5. Revision of the plans to show the 6' sidewalk location along Yankee Place. 6. Revision of the site plan to show the trail north of the pond to be a minimum of 8'. 7. Revision of the site plan to show the north/south trail on the east property line to be a minimum of 8'. 8. Revision of the site plan to show the location of the existing trees along the common property line between this development and Blue Cross/Blue Shield. 9. The revised site plan shall indicate a connection between the building sidewalk and the pond footpath. 10. A trail connection shall be made along Yankee Place and around the north edge of Pond DP- 2020. 11. Provide a revised landscape plan showing a mixture of tree species. 12. Place the entire berm within the 20' landscaped area along the north property line abutting Yankee Doodle Road. 13. Replace the proposed grass type shown between the trail and Pond DP-20 with a wetland species. 14. All landscaped areas shall be served by an underground Irrigation system. 15. Provide 28 Category "C wetland species trees along the north edge of Pond DP-20 as mitigation for the 100% removal of the significant woodland resource located there. 16. A Pond Excavation Plan for Pond DP-20 must be submitted and approved by the City's Water Quality Resources Manager indicating a minimum of 850 cubic yards of material be excavated and removed from the pond. 17. Obtain necessary permit from the Dakota County Highway Department to allow the open cutting of Yankee Doodle Road for watermain connection. 18. The parking/drive aisles shall be maintained. 19. The dusters of black willows near the pond's edge should be preserved. The loss of the remaining woodland should be mitigated with plantings on the site as per the City's Tree Preservation Policy and staff direction. The wetland edge shall receive top priority for replacement plantings. 20. All necessary erosion control measures are required to keep sediment from entering the pond during grading and construction. A floating silt curtain must be installed In the pond where EAGAN CITY COUNCIL MINUTES; NOVEMBER 15, 1994 PAGE 10 fill approaches the north wetland shoreline. The curtain should be installed prior to any grading and be maintained until after the site is stabilized with vegetation. 21. The trail within the plat should be a boardwalk to offer more flexibility in avoiding impacts to the willows, reduce intrusion into the wetland, and add to the aesthetics of the pathway. Aye: 4 Nay: 0 Masin moved, Hunter seconded a motion to approve a conditional use permit to allow liquor, 3.2 beer or wine, subject to the following conditions: 1. The Conditional Use Permit shall be approved for the sale of liquor, 3.2 beer and wine for Town Centre 100 Fifteenth Addition. 2. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording provided to the City. Aye: 4 Nay: 0 ADDITIONAL ITEMS CONSIDER AUTHORIZATION TO PREPARE FEASIBILITY REPORT/WEST LONE OAK ROAD Mayor Egan introduced this item as Project 679, authorization to prepare feasibility report for West Lone Oak Road. Public Works Director Colbert noted this was requested by Dakota County to evaluate corrective measures to alleviate drainage concern for residents at 1555 Lone Oak Road. He reviewed corrective action taken to date and the options available for alleviating this problem. He noted that Dakota County could only contribute $500-$1,000 of this cost. Of any corrective work, their participation would be limited to $2,000-$3,000. Councilmember Awada has met with the property owner and conveyed to him that she supports the preparation of the feasibility report, but would like to see greater County participation. Councilmember Masin noted she has seen this property and it is a real problem. He is spending considerable money to correct the current condition. She asked whether Lone Oak Road will be improved in the future to correct this problem. Public Works Director Colbert indicated the City and County don't project traffic volumes to get to a level that would require it to be upgraded beyond its current design. After considerable discussion regarding the drainage patterns and who should pay to correct this problem, Wachter moved, Masin seconded a motion to continue this to the next meeting. Aye: 4 Nay: 0 CONSIDER REQUEST TO FINANCE TEMPORARY STORM SEWER, RED PINE LANE Mayor Egan introduced this item as Project 673, consideration of a request to finance temporary storm sewer for Red Pine Lane, Pines Edge Addition. Public Works Director Colbert explained the location and background of this request. He noted that due to MnDOT's financing program, the alternate that was designed cannot be built until July or August of 1995. There is not a positive outlet for drainage at this time, and the school is under construction, and Pine's Edge Addition has now been approved. Because of that, they Included a design for a temporary storm sewer outlet as a part of the contract that was awarded about three weeks ago. It will cost approximately $40,000 for this temporary storm sewer system. Shamrock Development wants to proceed with development and staff has concerns about flooding of the new homes without a storm sewer outlet. Therefore, they put a hold on building permits at this location. Completion of the school will cause added drainage. An alternative would be to acquire additional ponding easements (j o' EAGAN CITY COUNCIL MINUTES; NOVEMBER 15, 1994 PAGE 11 and install the outlet. There are other temporary alternatives available, but it would not be money spent towards a permanent solution. He feels the best solution would be to pursue rights of entry and go back to one of the original concepts for a permanent design. Considerable discussion followed concerning the alternatives and costs involved. Rick Packer, the developer of Pines Edge Addition, stated he prefers the temporary storm sewer. Since both solutions will cost the same, he would rather not have to deal with property owners who aren't cooperative. Councilmember Hunter stated he feels the permanent solution makes more sense. Mayor Egan concurred. Councilmember Masin stated she is not comfortable with the proposal for a temporary solution. After more discussion concerning the costs, Hunter moved, Masin seconded a motion to continue this to the next meeting. Aye: 4 Nay: 0 Gts CNTER 4 /ERNMENTAL AFFA)AS UPDATE Councilmember Hunter gave a brief update on the Dakota County League of Governments. ADMINISTRATIVE AGENDA Mayor Egan announced that there will be an Executive Session following this meeting. Municipal Center Furnishings. Administrator Hedges showed examples of the types of furniture proposed for the Council Chambers, conference rooms and lobby areas. He noted there is an opportunity at this time to obtain a lot of furniture that is discontinued at a large discount. Hunter moved, Masin seconded a motion to authorize the purchase of Council Chamber, Conference Room and lobby furnishings as outlined in the amount of $15,150 plus tax. ROUND TABLE Public Works Director Colbert reminded the Council that there will be an informational open house regarding the Yankee Doodle Road extension on November 21. Mayor Egan expressed his disappointment in learning that the Public Works Director was not notified of this meeting. Administrator Hedges noted that in regard to commission appointments, there are several commission members who have served seven years, their terms expire in January, and the maximum number of years members can serve is nine years. Since the terms are for three years, he requested Council direction as to whether they should be allowed to serve two years of a three year term and make an Interim appointment when it expires, or whether they should not be allowed to apply for reappointment. Councilmember Masin stated she would like to give them the opportunity to serve nine years. Other Council member concurred. Administrator Hedges expressed a concern about citizens speaking during Visitors to be Heard when they raise issues about city staff, noting there isn't time to respond and they don't want to engage in an debate. He suggested the Council think about how they would like to handle these types of situations. Councilmember Wachter suggested the Council refer these matters back to staff. Mayor Egan noted that the National League of Cities will be charging Minnesota participants a surcharge of $35 to cover items that might be provided by vendors during the conference to comply with the ethics bill. He is glad to see that there are some reasonable approaches being developed to deal with this bill. Councilmember Hunter stated he thinks the cable coverage of the election was good. EAGAN CITY COUNCIL MINUTES; NOVEMBER 15, 1994 PAGE 12 C.H.EPIK REGISTER . Wachter moved, Egan seconded a motion to approve the check register dated November 10, 1994 in the amount of $2,449,921.90. Aye: 4 Nay: 0 ADJOURNMENT There being no further business to discuss, the meeting adjourned to Executive Session at 11:18 p.m. DLP November 15, 1994 Date City Clerk If you need these minutes in an alternative form such as large print, braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status or status with regard to public assistance.