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03/02/1993 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota March 2, 1993 A regular meeting of the Eagan City Council was held on Tuesday, March 2, 1993, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin, and Hunter. Also present were City Administrator Hedges, Acting Community Development Director Jon Hohenstein, Director of Public Works Tom Colbert, and City Attorney James Sheldon. AIA Item 1, Proclamation for Chronic Fatigue Syndrome Awareness, was moved to Department Head Business. Hunter moved, Wachter seconded, a motion to approve the agenda for the March 2, 1993, regular City Council meeting as amended. Aye: 5 Nay: 0 M Councilmember Wachter recommended the following change to the minutes of the February 16, 1993, regular City Council meeting: Page 6, Paragraph 2, Sentence 1: Change "Councilmember Hunter" to "Councilmembers Wachter and Hunter." Page 6, Paragraph 2, Sentence 2: Change "He" to "They." Councilmember Awada recommended the following change to the minutes of the February 16, 1993, regular City Council meeting: Page 11, Paragraph 6, Sentence 3: Change "Councilmember" to "Councilmember Wachter indicated he is not in favor of tax increment financing and Councilmember Awada stated... " Councilmember Hunter recommended the following changes to the minutes of the February 16, 1993, regular City Council meeting: Page 9, Paragraph 2, After Sentence 3, insert the following: "He then stated that this developer was proposing far less density than allowed and is obviously making great efforts to save trees. However, the potential loss Page 10, Condition 12. should be changed to read as follows: "12. The staff and developer shall identify all living trees 12" or greater in diameter that are to be saved during construction. If any of these trees are removed during construction or dies within one year following final grading, the developer will donate $500 per tree, not to exceed $10,000 total, to the general park fund for forestry operations." The Council agreed with the clarification of Condition #12 and after noting the developer's agreement to the condition, briefly discussed the method of its collection. Wachter moved, Hunter seconded, a motion to approve the minutes of the February 16, 1993, regular City Council meeting as presented. Aye: 5 Nay: 0 Awada moved, Wachter seconded, a motion to approve the minutes of the February 9,1993, special City Council meeting as presented. Aye: 5 Nay: 0 Page 2/EAGAN CITY COUNCIL MINUTES March 2, 1993 PROCLAMATION/CHRONIC FATIGUE SYNDROME AWARENESS Mayor Egan introduced this item as consideration of a proclamation endorsing the month of March as Chronic Fatigue Syndrome Awareness Month. Eileen Winge was present to explain this illness and thanked the City Council for its support. Awada moved, Masin seconded, a motion to proclaim March as Chronic Fatigue Syndrome Awareness month in the City of Eagan. Aye: 5 Nay: 0 R-93.8 Director of Public Works Colbert advised the City Council that Dakota County has extended the bid opening for improvements to Diffley Road for two weeks to insure compliance with State contracting guidelines. Mr. Colbert said the new Diffley Road underpass agreement with Anthony Caponi is anticipated to be completed in time for the March 16 City Council meeting, therefore, he requested that Item J, Project 607, Approve Agreement (Diffley Road - Pedestrian Underpass, be continued to that meeting. A. Personnel Items Item 1. Community Development Director Hiring Process--It was recommended that the job description and the hiring procedure for the position of Community Development Director be approved as presented. Item 2. Water Quality Technician--It was recommended that the hiring of James Storland as the Water Quality Technician be approved. Item 3. Administrative Assistant/Police Department--It was recommended that the person recommended by the Chief of Police as the Administrative Assistant for the Police Department be approved. Item 4. Administrative Captain/Operations Captain/Police Department--It was recommended that Richard Swanson be appointed as Administrative Captain and James Sewald as Operations Captain in the Eagan Police Department, effective April 19, 1993. Item 5. Patrol Sergeants/Police Department--It was recommended that the following officers be promoted to Sergeants in the Eagan Police Department: Tom Schoenecker on April 19, 1993; Brad Ramthum on June 1, 1993; and Jeff Johnson on July 1, 1993. Item 6. School Resource Office/Police Department--It was recommended that the School Resource Officer be changed to Investigator status effective April 19, 1993. Item 7. Police Officer--It was recommended that James Unger be hired as a Police Officer effective April 19, 1993. Item 8. Retirement Health Insurance--It was recommended that retiree health insurance benefits be approved for persons retiring from the City who are eligible for full PERA benefits as follows: a) sworn officers who are not members of the Police Association would be equal to the provisions in that current bargaining unit's contract; and b) all other non-collective bargaining regular employees at the City of Eagan would be equivalent to the provisions in the current clerical contract. >OC.1 Page 3/EAGAN CITY COUNCIL MINUTES March 2, 1993 B. Authorize Prepayment Without Interest of Special Assessments on City Owned Property It was recommended that the prepayment without interest be approved for special assessment on City- Owned property. C. License. Tree Contractor. The Tree-Stump Company. 13677 Dan Patch Drive. Savage MN It was recommended that a tree contractor license for the Tree-Stump Company of Savage, Minnesota, be approved. D. License. Massage Therapist. Barbara Ward. Wastle Chiropractic & Wellness Center. 1340 Duckwood Drive It was recommended that a massage therapist license be approved for Barbara Ward to practice at Wastle Chiropractic & Wellness Center at 1340 Duckwood Drive in Eagan. E. Recommendation. Airport Relations Committee. Request MAC Study of Alternative Departure Profiles It was recommended that the recommendation by the Airport Relations Committee be approved to ask that the Metropolitan Airports Commission perform a noise modeling analysis of alternative departure procedures for use in the Eagan/Mendota Heights corridor area as presented. F. Extension. Final Plat Recording. Oak Cliff Seventh Addition It was recommended that an extension of the Oak Cliff Seventh Addition to April 1, 1993, be approved as presented. G. Extension. Final Plat Recording, Eagan Elementary School #17 It was recommended that an extension of the final plat for Independent School District #196/Eagan Elementary School #17 be approved for a period of 60 days as presented. H. Contract 93-02. Approve Plans/Authorize Advertisement for Bids (Cedar Grove - Street Reconstruction) It was recommended that the plans and specifications for Contract 93-02 (Cedar Grove - Street Reconstruction) be approved and the advertisement for a bid opening authorized to be held at 10:30 a.m. on Friday, March 26, 1993. 1. Project 607. Approve Amendment Jo City/Coup Agreement (Diffley Road - Reconstruction) It was recommended that the amendment to the City/County agreement under City Project 607 (Diffley Road - Reconstruction) be approved and the Mayor and City Clerk authorized to execute all related documents. J. Project 607. Approve Agreement (Diffley Road - Pedestrian Underpass) It was recommended that the agreement with Mr. Anthony Caponi under Project 607 (Diffley Road Reconstruction - Pedestrian Underpass) be continued to the March 16, 1993, regular City Council meeting. TW; do Page 4/EAGAN CITY COUNCIL MINUTES March 2, 1993 K Receive Bids/Award Contract. City Facilities Refuse & Recycling Collection It was recommended that a two year contract with Aagard Environmental Service be approved to collect refuse and recyclable material from City facilities. L. Licenses. Plumbers It was recommended that the plumbers licenses be approved as presented in Exhibit A. After noting the continuance of Item J, Hunter moved, Wachter seconded, a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 Councilmember Masin suggested that the City send a letter to Jim Diamond, OCP Homes, Inc., thanking him for his courtesy and cooperation in working with the City on tree preservation in the Oak Cliff Ponds 2nd Addition. The rest of the Council concurred. Mayor Egan commended Sergeants Rick Swanson and Jim Sewald for their promotions to Administrative Captain and Operations Captain, respectively. SPECIAL MEETINGS Awada moved, Hunter seconded, a motion to ratify special meetings as follows: Special City Council meeting, March 16, 1993, at 5:00 p.m. Joint Meeting between the Burnsville and Eagan City Councils and the Burnsville/Eagan Cable Communications Commission, March 22, 1993, at 7:00 p.m., Burnsville City Hall Special City Council meeting, March 30, 1993, at 5:00 p.m. Aye: 5 Nay. 0 SCHOOL BOARD USE OF CITY COUNCIL CHAMBERS In answer to a question from the Council, City Administrator Hedges indicated that ISD #196's School Board is looking to use the Eagan City Council Chambers on a trial basis for cablecasting their meetings then if they find it successful, they will ask the City Council for something more permanent. VACATE/ST FRANCIS WOODS 4TH ADDITION Mayor Egan introduced this item as a vacation of four side lot drainage and utility easements, Lots 5 & 6, Block 1, and Lots 4 and 5, Block 3, St. Francis Woods 4th Addition. Director of Public Works Colbert explained the request for vacation and its location. Mr. Colbert said no objections have been received. There was no one in the audience to address the issue. Hunter moved, Awada seconded, a motion to close the public hearing and approve the vacation of the common lot line drainage and utility easements for Lots 5 and 6, Block 1, and Lots 4 and 5, Block 3, St. Francis Page 5/EAGAN CITY COUNCIL MINUTES March 2, 1993 Woods 4th Addition as described and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 PROJECT 624, DODD ROAD & 494 SIGNALIZATION & INTERSECTION CAPACITY IMPROVEMENTS Mayor Egan introduced this item as Project 624, Dodd Road & 494 - Signalization & Intersection Capacity Improvements). City Administrator Hedges referenced concerns expressed by local businesses and Director of Public Works Colbert provided a brief explanation of the history and problems being experienced at the 1-494 exit ramp onto southbound T.H. 149 (Dodd Road). Len Newquist of Short-Elliott-Henrickson, described the project, its location, and proposed financing. In closing, Director of Public Works Colbert pointed out that any use of the increments from the TIF district must be initiated by September of 1993. Mayor Egan asked whether the proposed improvements were adequate to handle the traffic. Mr. Newquist said the ultimate solution would cost approximately $13 million; however, the proposed improvements would help the immediate problem and Cray Research and Northwest Airlines have indicated their agreement with the proposal. Councilmember Wachter asked how long the improvements would be adequate and Mr. Newquist indicated approximately 5 to 7 years. Joe and Lynda Retterath, who live on O'Neill Drive, were in the audience and briefly described the traffic problems they are experiencing. Mr. Retterath suggested reversing the priority of stop signs at Northwest and Lone Oak Parkways and Mr. Colbert indicated it was being considered. Awada moved, Wachter seconded, a motion to close the public hearing and approve Project #624 (Dodd Road and 494 - Signalization and Intersection Capacity Improvements) and authorize the preparation of detailed plans, specifications and cooperative construction agreements with MnDOT. Aye: 5 Nay: 0 APRNRC APPOINTMENTS Mayor Egan introduced this item as appointments for the Advisory Parks, Recreation & Natural Resources Commission. City Administrator Hedges provided background and explained the delay in the process for this Commission. He said the Council had expanded the Commission at their February 16 meeting to meet the changing needs of the community and now appointments for vacancies on the commission were in order. The Council then cast their ballots as follows: Three. Three-Year Terms: Ballot #1 Erin Ipsen-Borgersen, Majority for Three-Year Term George Kubik, Majority for Three-Year Term Jonathan Widem, Majority for Three-Year Term Two. Two-Year Terms: Ballot #2 Stephen Thompson, Majority for Two-Year Term No majority for second vacancy Page 6/EAGAN CITY COUNCIL MINUTES March 2, 1993 Ballot #3 No Majority Ballot #4 John Rudolph, Majority for Two-Year Term One. One-Year Term: Ballot #5 Frankie Hall, Majority for One-Year Term One. One-Year Alternate Term: Ballot #6 David Szott, Majority for One-Year Alternate Term 1993 - 1997 FIVE-YEAR CAPITAL IMPROVEMENTS PROGRAM Mayor Egan introduced this item as the 1993 - 1997 Five-Year Capital Improvement Program. Before beginning his presentation, City Administrator Hedges announced that while it was being repaired, there was presently no audio being broadcast over cable Channel 16. He said the audio would be restored as soon as possible and noted that replays of the meeting would have sound. City Administrator Hedges then turned his attention to the CIP. He described the CIP as a multi-year planning instrument to identify needed capital projects and to coordinate financing and timing of the projects to maximize return on the investment. He then explained each part of the CIP. At the conclusion, Mr. Hedges cautioned that adoption of the CIP would not mean that capital expenditures would be automatic. He said most would require a Request for Proposal, or when assessments were involved, a public hearing, thereby insuring that the City Council agreed on procedure and process as to how they wish to expend these dollars. The City Council deferred their questions and Mayor Egan opened the meeting to public input. John Grund, 1431 Lone Oak Road, reminded the City Council about new Federal taxes. Randy Munsterman, 3938 Turquoise Circle, stated that he had twice voted down the arena and that this one should also be put on referendum for the people to decide. Councilmember Masin asked Mr. Munsterman if he was opposed to a community center or just one aspect. Mr. Munsterman said he was opposed to all. William Osborne, 1327 St. Andrew Boulevard, said many were misinformed about the community center. He said the facility was needed and noted that some residents had left the City because the community center was not voted in. He suggested everyone "get on board" so that the City could get the kind of facility it wanted. Courtney King, 3771 Woodland Trail, said he was embarrassed that the City did not have a sheet of ice. He stated that building an arena would not involve a lot of City money and he did not understand the problem. Page 7/EAGAN CITY COUNCIL MINUTES March 2, 1993 Jim Runkel, 4872 Four Seasons Drive, voiced his support for the use of funds from the Community Investment Fund (CIF) for the facility. He stated that it was a prudent use of funds for recreational purposes. Mr. Runkel further stated that it was not the community center that had been rejected by the voters but a tax increase that had. Karen Flood, who identified herself as a member of the League of Women Voters, suggested that the City appoint a task force to determine, among other issues: the purposes for which CIF money can be spent, the prioritization of the costs and features of the project, how many people will be served, how successful are such facilities in other communities, who will manage the facility, etc. She said the public should be informed and their input solicited through various forums including the official City newsletter. She closed by saying that funds of this scope should only be expended after informing the residents so they may take an active and informed role. When asked by Mayor Egan whether this was the League of Women Voters' official position, Ms. Flood indicated it was the League of Women Voters' position on openness in government. Bob Saalborn, 4064 Amethyst Lane, stated that the community center had been voted down three times and added that he did not think enough thought had gone into the project. Mr. Saalborn asked if a study had been done to see whether the Rosemount arena would serve other areas. He said after three elections this was being "rammed down the voters' throats" and would continue to cost them money. Brad Schmidt, asked where the League of Women Voters was when the senior citizen center was built to serve only 64 residents or when the City's maintenance facility was expanded. He questioned how the expansion of the municipal center and police facility would not increase taxes. He asked that residents not single out the arena for criticism and asked that they look at the arena as an investment in the community. Norm Marsh, 3381 Rolling Hills Drive, described himself as a three-day resident who moved to Eagan for its school system. His second reason was the City's recreational facilities, existing and proposed. Pat Dillon said the City will be able to do this project without raising taxes and indicated he wanted to help with raising the private portion of the funding. Mark Sisson, 4862 Windsor Court, said the City has experienced unprecedented growth and has met that challenge head on. He said the needs of youth are not being met and there is no central recreational facility. Scott Rogers, 957 Stanwix Road, said this appeared to be a hockey issue. He then asked what other activities were intended for this center and if only hockey, he suggested that perhaps the needs of the entire community should be addressed. Mayor Egan noted that in addition to hockey, there would be provisions made for free skating, ringette, indoor soccer, and community events. Because it would not have the most elaborate ventilation system, it is anticipated that it would operate 40 - 45 weeks each year. Councilmember Hunter added that the proposed project would contain a wading pool and arena which he hopes will be the first phase of a multi-phase community center. Mr. Rogers said that if this portion of the CIP is approved, he wants to make sure that the youth of the entire community are served not just the hockey people. He said he believes the community center was denied because it was not offered step by step but an instant $9 million project. Steve Mann stated that he hoped that as a community, the residents would support the project even if it is for something they don't do themselves. Patrick Dier, 774 Sunset Drive, spoke in support of the ice arena and added that no one asked him if he wanted the other recreational facilities in the City. Ray Bohn, Westbury Addition, said he voted in favor of the community center three times. He commended the City Council for their support. Page 8/EAGAN CITY COUNCIL MINUTES March 2, 1993 Bud Kaehler, 985 Ticonderoga Trail, said the "special interest" label irritated him because most projects are special interest. He mentioned that the softball fields are used primarily by adults and children are discouraged from using the fields. He said the arena would be used not only for hockey but for activities for people of all ages. David Schlaefer, 1452 Kings Wood Lane, said he moved to Eagan for its quality of life. He commended the City for its development but the children need this facility. Mr. Schlaefer also mentioned the excessive speed on Pilot Knob Road and recommended that if the facility is built, that the City lower the speed limit. Councilmember Wachter informed Mr. Schlaefer that the City doesn't have much to say about such speed limits as they are set by the State. Scott Webster, 4774 White Oak Court, stated his support and referred to the pride the community achieves through its sports programs. Lola said there was no safe place for children to go without a parent. She said the facility was important and needed. Brian Carey, student, said he grew up in Eagan doing things in other cities. He said it was time that something was done in the City for its youth. Russ Peters, Kingswood Addition, said it is important to develop the community center concept and indicated he would like to see a broader facility that the whole community could get behind. He said that perhaps such a facility could be phased in if funding is not immediately available. Mayor Egan closed the public testimony. He said he saw persons in the audience whom he knew were opposed to the facility and acknowledged their presence and position. Mayor Egan stated that he had received a number of phones calls over the weekend regarding this issue but admitted he had not received as many as some members of the Council because he had spoken early and clearly about his views on this matter. Mayor Egan described the history of previous community center proposals and then turned his attention to the proposal before the Council. He noted that the question of the facility had been on a number of City Council meeting and workshop agendas and had been discussed with the CIP repeatedly. He advised that the facility had been scaled back dramatically from previous proposals but all funding above the City's $1.4 million appropriation would have to be raised by the community before work would proceed. He added that the facility was expected to generate enough capital to pay for its own maintenance and upkeep and then closed by saying that he believed the multi-purpose arena would provide balance in the community and lead to greater community pride. For those reasons, he said would support the use of CIP funds for the facility. Councilmember Hunter discussed an informal survey he had made of residents regarding the facility. He said there is a perception that this is a single use facility, however, he mentioned the wading pool and outlined the proposed uses for the arena. Secondly, he provided that contrary to the perception, the facility will not require raising taxes to build it and noted that he believed previous proposals were defeated on that basis. Additionally, Councilmember Hunter reported that Springsted, Inc., had performed a study and found that ice arenas break even in their operation thus negating the perception that City funding will be needed for operation of the facility. He joined the Mayor in support. In dosing he conceded that if the community has not raised the matching donation for construction of the facility by the end of 1994 that it should be abandoned. Councilmember Masin began by agreeing that there are not enough safe places in the community for children to go. She stated her belief that a community center is needed--not just a wading pool and not just an arena--but a community center. However, she said building an arena gives the appearance of appealing to a Page 9/EAGAN CITY COUNCIL MINUTES March 2, 1993 special interest group. In response to an earlier remark, Councilmember Masin said that voters were given a choice on the development of the park system by a 1984 referendum. The Councilmember then indicated that more study was needed and suggested the recreational facility be removed from the 1993 CIP and moved to 1994. She said the timing was too close to the previous referendum and while she was not opposed in concept she was opposed in process. She closed by saying more community involvement is needed. Councilmember Awada said she normally takes a fiscally conservative view and noted that because she does not want her taxes raised, had voted against the community center. Since that time, she said she has tried to come up with a compromise for a phased-in facility that will not raise taxes and will operate self-sufficiently. The Councilmember said she thought this proposal met that criteria. She cautioned that the project will take a commitment from the community to raise the additional funds and noted that it will not start until all the money is in place. She then indicated her support. Councilmember Wachter reported that he had been in favor of a community center for a long time. He referenced the last failed bond issue and added that he represents many more people than just those in the audience. He said they too had the right to know what to expect and, therefore, the question should be put to a referendum. He said he was opposed to putting the facility into the CIP and indicated he could not support this concept. Councilmember Hunter then asked to read the following "ground rules" for phase I of the project into the record: 1. City's commitment is not to exceed $1.4 million to be drawn from the Community Investment Fund (CIF). 2. The project will consist of a multi-use arena fin outdoor children's wading pool. These are not separate phases and shall be considered all inclusive in this phase. 3. The procedure for proceeding is as follows: a. Estimate the entire project (arena & pool) b. The community raises the difference between the total project cost and the City's $1.4 million (funds raised can include "in-kind" commitments) c. Facility built 4. The facility will be designed, built, maintained, and operated by the City's Parks and Recreation Department. Advisory input can come from various groups including: the EAA, the hockey association, the Eagan Foundation, and others. 5. No construction or major design expenditures can be made until Step 3b. is realized. 6. If 3b. is not realized by the end of 1994, the $1.4 of CIF is subject to reallocation in the Capital Improvements Program (CIP). Councilmember Awada indicated she would like to debate #4. She said she would like the facility to be operated by a Board of Directors with the City having 50% of the seats on the Board and the remainder going to business, school and sports interests or those with the most interest in seeing that the facility operates at a profit or on a break-even basis. She said the City could have veto power over operations, however, preferred that the Parks & Recreation Department not control the facility because she did not want any City money, Page 10/EAGAN CITY COUNCIL MINUTES March 2, 1993 including staff time, going toward the operation of the facility. Councilmember Awada noted that the City cannot solicit funds but the Board of Directors will need to raise money before the facility is built and then on an on- going basis. Councilmember Hunter said one of the arguments against the facility is that "the hockey people will control" it and added that the City should have final control. Councilmember Wachter also indicated he was not comfortable with such an arrangement and wondered how scheduling would be handled without staff input. Mayor Egan noted potential liability and program issues as well as problems with the perception of who is in control. Councilmember Hunter said he would be willing to remove #4 but believed the City should retain final say in any decisions regarding the facility. Councilmember Awada agreed but still wants the facility run by a Board. City Administrator Hedges stated that if there are concerns regarding who will own and control the facility, it could be handled by an Enterprise Fund with a Board appointed to oversee the Fund. He said such an arrangement could be explored and explained in further detail. After Mayor Egan suggested that there would be many ways to fine tune the details sometime in the future, Councilmember Awada suggested that if Councilmember Hunter would withdraw Condition #4, she would remove her requirement for an external governing body. It was agreed. Mayor Egan asked whether the CIP could be approved subject to the ground rules and City Administrator Hedges indicated they could become a part of the CIP document. The City Council then moved toward approving the Capital Improvements Program. The Mayor noted that all park development and acquisition will be subject to review of the updated park master plan. In addition, a $500,000 addition to the Law Enforcement/Municipal Center Expansion and a $50,000 addition to the Recreational Facility (Wading Pool and Multi-Use Arena) were referenced. The question was raised as to whether only the interest or part of the principal should be spent from the Community Investment Fund and Director of Finance VanOverbeke indicated that under the current structure, there would be little difference in either approach. Mayor Egan said these issues could be fine-tuned throughout the year and even after the CIP is approved, it can be adjusted. Hunter moved, Awada seconded, a motion to approve the Capital improvement Program for the years 1993-1997 as a multi-year planning instrument with $500,000 and $50,000 additions noted by staff regarding the Law Enforcement/Municipal Center Expansion and the Recreational Facility (Wading Pool and Multi-Use Arena), respectively, incorporating the ground rules with the deletion of #4 and the inclusion of #Al as follows: 1. City's commitment is not to exceed $1.4 million to be drawn from the Community Investment Fund (CIF). 2. The project will consist of a multi-use arena and outdoor children's wading pool. These are not separate phases and shall be considered all inclusive in this phase. 3. The procedure for proceeding is as follows: al. Produce concept plan of complete community center with this project being the first phase. a2. Estimate the entire project (arena & pool) b. The community raises the difference between the total project cost and the City's $1.4 million (funds raised can include "in-kind" commitments) c. Facility built Page 11/EAGAN CITY COUNCIL MINUTES March 2, 1993 gages FeBadatien; and Ather-F 5. No construction or major design expenditures can be made until Step 3b. is realized. 6. If 3b. is not realized by the end of 1994, the $1.4 of CIF is subject to reallocation in the Capital Improvements Program (CIP). Aye: 3 Nay: 2 (Wachter, Masin) It is to be noted that Councilinembers Wachter and Masin voted against the motion; however, both are in favor of the CIP but opposed to the recreational facility project. Awada moved, Hunter seconded, the implementation of the following process: 1. Retain a project estimator 2. Create a special community-based task force to work with the project coordinator and the Director of Parks & Recreation to begin and conclude a community-based campaign for raising the additional capital necessary for a successful project. That committee should be solicited from the community and could be appointed as early as the March 16 meeting. 3. A public information packet needs to be prepared for presentation to the community, including service organizations, corporations, special use groups and the citizens, so the community completely understands the project and the basis for solicitation of financial support. 4. A sign (similar to the traditional United Way Thermometer) will be erected on site, adjacent to Pilot Knob Road, informing the public of the fundraising progress by the community. 5. The ground rules adopted by previous motion will supersede any inconsistencies between this process and the ground rules. Aye: 4 Nay: 0 Abstain: 1 (Wachter) DAKOTA COUNTY ECONOMIC DEVELOPMENT PARTNERSHIP Mayor Egan introduced this item as a resolution for the Dakota County Economic Development Partnership, 1993 Membership. City Administrator Hedges stated that this item had been before the Council at a previous meeting, a number of questions were raised, and the Council asked that the Economic Development Commission review it for further consideration. Mr. Hedges reported that the review had been completed and the EDC had recommended approval for one year with an annual review thereafter. Roger Norris, Chair-Elect, reiterated the Partnership's mission and urged the City's participation. Councilmember Wachter said it would be financially more difficult for the Partnership if the City joined for one or two years and then withdrew its membership. He indicated he would prefer to look carefully at the organization before joining. Mayor Egan advised that he agreed in principle; however, was concerned about the $6,000 fee and its impact on the City. Councilmember Hunter noted that the EDC is in the process of redefining its mission and while the Partnership may play a role in that mission, it is too premature to tell. The Councilmember recommended waiting until the EDC process is complete. Page 12/EAGAN CITY COUNCIL MINUTES March 2, 1993 Mr. Norris told the Council that the Dakota County Economic Development Partnership does not want to compete with Metro East but work in conjunction with them. He said the Partnership's interest is not in taking jobs from other cities within the metro area but in the area of job creation of high-paying, sustainable jobs within the community. After further discussion, Wachter moved, Hunter seconded, a motion to table a resolution for membership in the Dakota County Economic Development Partnership for 6 to 8 months until the City's Economic Development Commission is restructured, the new Community Development Director is appointed and both have an opportunity to review. Aye: 5 Nay: 0 CITY CODE AMENDMENT OFF-SITE ADVERTISING SIGNS Mayor Egan introduced this item as an Amendment to City Code Chapter 4 Regarding Off-Site Advertising (Billboard) Signs. City Administrator Hedges provided a recent history of this item and indicated that discussion of two parts of the advertising issue would be in the areas of an amendment to the sign ordinance and the pending sign applications. Tom Hart, attorney for Adams Outdoor Advertising, noted that while they would prefer the City Council not proceed with the ordinance amendment, it appeared they probably would do so. He indicated that Adams' primary concern would then be their four, pending billboard applications. Mr. Hart referenced the City's Sign Task Force and its majority report which recommended banning additional billboards and the minority report which opposed the ban. He said the Task Force had obviously not reached a consensus and had succeeded in sending mixed signals. While Adams was not pleased with the two moratoriums and believed some legal issues were involved, they now want the opportunity to convince the Council that theirs are good applications. He said Adams could agree to an eventual removal or sunset provision for the signs; however, refusal to consider the applications would give Naegele Outdoor Advertising a monopoly on billboards within the City. He suggested a compromise with pending applications considered under the existing ordinance and future applications subject to the new regulation. John Young, representing Young Advertising, advised they had submitted a sign application over a year ago. He said their primary concern has been the Cedarvale area and they have spoken with 48 business owners in the Cedarvale area and had found that 46 were in favor of a billboard in that area. Mr. Young stated that the Cedarvale area businessmen would be offered the first opportunity to advertise on the billboard, with the rest of the community and outside the community following in priority. Mr. Young indicated that erecting a sign on the property was their only reason for purchasing it and without the sign, they had no use for the property. He closed by saying Young Advertising has made application to the City in good faith, followed the ordinance, adhered to APC and staff wishes and now would like the opportunity to be heard. Bill Nimitz, Rasmussen Business College, restated their position in support of the ban on additional billboards and in opposition to the application from Adams Outdoor Advertising fronting their property. Michael Cronin, Naegele Outdoor Advertising, asked that the City Council listen to people like Gary Morgan, President of the Eagan Chamber of Commerce, who had recommended billboards not be banned completely but that an effort be made to find places where they can fit in. Mr. Cronin said he believed the Task Force's minority report would provide for a workable ordinance and asked that the City Council give the issue slow and careful consideration with reconsideration of direction given to staff at the workshop. Cheryl Casey, a member of the Task Force, said it did not sound like a compromise when the sign companies wanted five new signs before any ban. Ms. Casey further stated that the Task Force did not want any new signs and asked the City Council to keep the community in mind when making their decision. Page 13/EAGAN CITY COUNCIL MINUTES March 2, 1993 Stacey Graiziger, who is an Eagan resident and wife of Robert Graiziger of Adams Outdoor Advertising, stated she did not believe Eagan residents had been fairly polled regarding their preference for billboards. She also asked who defined "visual pollution" and referred to garage We signs, etc. John Bodger, Adams Outdoor Advertising, suggested the Council review the pending applications on their merits and spoke in support of Option 2, which would consider all pending and new applications under the existing ordinance. Tom Wilson, resident, said that since he has lived in Eagan the visual pollution has increased and more billboards would only further restrict views in the City. He said billboards would be more appropriately located in heavy commercial areas and only businesses that pay taxes in Eagan should be able to advertise on its billboards. Mr. Wilson suggested, however, that businesses advertise with signage on their own buildings. Councilmember Wachter stated that the sign companies had indicated that their signs could be removed at a future date but the Councilmember said he was not interested in having the City pay to remove them. Councilmember Wachter expressed his opposition to any additional billboards. Councilmember Hunter stated that he had made an informal telephone poll and while he had yet to find anyone who wanted additional billboards, he wanted to treat the pending applications fairly. Discussion continued with Councilmembers Awada and Masin expressing reservations about a total ban on billboards. While she was not comfortable with a total ban, Councilmember Awada indicated she did not want any net gain in their numbers. Councilmember Masin added that if a sign were to be moved, the new location would still need City Council review. Further clarification was added to include no net gain in square footage as well as number of signs. Concerns were then expressed regarding such a restriction because Naegele Outdoor Advertising presently has the majority of existing signs. Discussion turned to the five pending applications with the consensus being to allow them to be heard under the existing ordinance. After further discussion, it was the consensus of the City Council that if the five pending applications are approved under the existing ordinance, conditions imposed would include the conditions of a revised ordinance whereby the signs would be subject to the no net gain in square footage or location so that no new locations or square footage could be added to those without removing them somewhere else. New applications would be under the new ordinance which would not permit any new locations or increases in square footage without removal of an old location and its equivalent square footage. Acting Director of Community Development Hohenstein asked whether the City Council intended to restrict billboards to a certain area. Mayor Egan stated that if a sign company wishes to move one of their signs to what they perceive to be a better location, it would be a shift in locations but subject to the City's discretion. In addition, the consensus of the Council was not to add a sunset provision to the ordinance or permit billboards on developed property. In closing, Mayor Egan said the City has the highest amount of freeway frontage in the metro area, does not have what he perceives to be an existing billboard pollution issue and, by adopting the revised amendment, reasonably resolves the potential of a billboard blight issue. He further stated that the difference between this action and a moratorium is the City is giving good faith consideration to the pending applications and, in the process, gaining greater flexibility. After further discussion, Egan moved, Awada seconded, a motion to direct. City staff to draft a revision incorporating the no net gain policy change into the proposed amendment to City Code Chapter 4 regarding off- site advertising (billboard) signs and that any sign applications received after today's date be subject to the amended ordinance. Page 14/EAGAN CITY COUNCIL MINUTES March 2, 1993 Aye: 3 Nay: 2 (Wachter, Hunter) Councilmember Hunter explained that he could not support the motion because of his concerns that even though the proposal calls for no net increase, billboards at other locations, i.e., Highway 13, would all eventually be located along the freeway. Because the March Advisory Planning Commission agenda is full, Adams Outdoor Advertising and Young Advertising agreed to defer their applications to the April agenda. REZONING/PRELIMINARY PLAT PONDVIEW TOWNHOMES/GOOD VALUE HOMES Mayor Egan introduced this item as rezoning of Pondview Townhomes/Good Value Homes, Inc., of approximately 11.3 A (Agricultural) acres to an R-3 (Townhouse) District and a Preliminary Plat consisting of 27 units located along the north side of Englert Road, west of Pilot Knob Road in the SE 1/4 of Section 16. Acting Director of Community Development Hohenstein described the application and its location. He then referred to Condition #15 regarding the percentage of brick exterior and noted that Condition #12 regarding the vacation of City right-of-way has not been met. Since the required vacations of right-of-way have not been met, staff is suggesting one of two actions: Council consideration of the plat with 24 units which would exclude (until the right-of-way is vacated) those units affected by the vacation of right-of-way issue or, less preferable, continue the application until the vacation occurs. Mr. Hohenstein said the City Attorney had provided that the plat cannot be approved conditioned upon receiving the vacation. He also suggested the second phase of the development not be platted as an outlot because in the unlikely event that right-of-way is not turned back to the City, the outlot could be landlocked with no public access. Instead staff suggested platting it as common area of Block 1 and the subsequent replat would permit it to be a separate lot. John Peterson, Vice President of Good Value Homes, indicated that Condition #15 is not workable and they will agree to follow the ordinance as it relates to maintenance free materials. Mr. Peterson stated that they believe the 60% brick requirement to be arbitrary. In addition, they would like to resolve the right-of-way issue but until the cul de sac design is determined, they won't know what property to vacate. Mr. Peterson indicated it did not seem to be appropriate to guess. Tom Wilson said he was the only resident in attendance because they had thought the application had been withdrawn by the applicant. He asked that the three-unit building be eliminated permitting green space for children to play. He also stated that the density is too high for the location. Mr. Wilson said Condition #15 should be retained to improve the exterior appearance of the buildings as the neighborhood had already been hurt by the relocation of the freeway. In closing, Mr. Wilson said the developer had indicated he would cap assessments at $3,000.00 and asked that Mr. Peterson publicly agree. Mr. Peterson stated the neighbors were told that if the developer could negotiate the private installation of Englert and it was feasible to do so, they could possibly cap the assessments at $3,000. As it stands now, without the acquisition of the Bruestle property, that will not be possible and it looks like the improvements will have to be public. Mayor Egan then turned attention to the density and expressed his surprise that the plat could not be reduced by even one unit. As it is presently proposed, it is at the maximum density. Mr. Peterson stated the property is adjacent to the freeway and commercial property and there are many costs associated with its development including the upgrade of Englert Road. It was pointed out that the property had been purchased with Englert undeveloped which conceivably reduced the price. At this point, Councilmember Hunter indicated the use of the land was appropriate but he would like to see the density lowered. Councilmember Awada also. Page 15/EAGAN CITY COUNCIL MINUTES March 2, 1993 expressed her opposition to the high density and noted that without the applicant making some compromise, she could not support. Larry Vossen, owner of the property, said there had been interest in a previous plat which contained 40 units. He suggested when looking at the plat, the Council also consider that much of the parcel is pond. He said it has been a tough piece of property to market. City Attorney Sheldon advised the Council that if the plat with 24 units is approved, and if the developer seeks to amend the preliminary plat to add 3 additional units, the applicant would have to come back to the City Council. In addition, he said that since it is a 24 unit approval and the applicant has not submitted an application for a vacation, the Council would not be guaranteeing them that an additional three units would be granted in that area even if they submitted a vacation. Mr. Peterson then provided that if all they can hope for at this meeting was 24 units, they would then come back with the vacation in an attempt to get approval for the additional three units. Councilmember Awada advised the applicant that she would then vote no on the second stage containing the additional three lots. At that point, Mr. Peterson said if he could not have all 27 units, Good Value Homes would pull out of the development. Because only the preliminary plat involving 24 units was before the Council, discussion was returned to this phase of the development. After additional discussion, Hunter moved, Egan seconded, a motion to approve a rezoning for the Pondview Townhomes/Good Value Homes, Inc., of approximately 11.3 A (Agricultural) acres to an R-3 (Townhouse) district. Aye: 4 Nay: 1 (Awada) Hunter moved, Wachter seconded, a motion to approve a preliminary plat consisting of 24 units located along the north side of Englert Road, west of Pilot Knob Road subject to the following conditions, including Condition #15: 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993, shall be complied with: Al. Bl, B2, B3, B4, Cl, C2, C3, C4, C5, D1, El, F1, Gl, and H1 2. All exterior building materials shall be maintenance-free. 3. All landscaped and sodded areas shall be served by underground irrigation. 4. All trash/recycling containers shall be stored in individual garages. 5. A copy of the Homeowners Association and townhouse By-laws shall be submitted for review by the City Attorney. 6. Temporary fencing shall be provided to protect shoreland trees during construction prior to issuance of a grading permit. 7. The development shall maintain a 30-foot vegetative buffer strip along the edge of Pond JP-3. 8. The lowest entry level of the proposed townhouses shall maintain a 3 foot freeboard above the HWL of Pond JP-3. 9. The public hearing for the upgrading of Englert Road to a City street with bituminous surfacing and concrete curb and gutter and the extension of utilities shall be approved by Council prior to final plat approval. Page 16/EAGAN CITY COUNCIL MINUTES March 2, 1993 10. The development is required to provide adequate storm sewer to drain the existing low area in the undeveloped property south of Englert Road. 11. The development is required to provide sanitary sewer and water main service to the northerly adjacent undeveloped property. 12. The developer shall petition the City to vacate the excess right-of-way around the cul-de-sac of Englert Road prior to preliminary plat approval to allow for the platting of Lots 25, 26, and 27. 13. The development shall include the 300 foot section of 6" water main along the west edge of the plat that will provide a looping system. 14. Outlot A shall be incorporated into the overall open space with final plat approval. 15. The exterior surface of the units shall be constructed with a minimum of 60% brick and the remainder of the building shall be maintenance free. As a point of clarification, Councilmember Awada asked the City Attorney whether the applicant had to agree to Condition #15 before it could be included? The City Attorney indicated that was correct. Mr. Peterson said it was not clear as to what portion of the units would constitute 60% coverage. Mayor Egan recommended that Condition #15 remain for negotiation with staff between now and final plat. Mr. Peterson agreed. Aye: 4 Nay: 1 (Awada) SHORELAND ORDINANCE AMENDMENT Mayor Egan introduced this item as a Shoreland Ordinance for the City of Eagan, Ordinance Amendment to Chapter 4 of the City Code Pertaining to Shoreland Zoning Regulations. Wachter moved, Awada seconded, a motion to continue indefinitely an ordinance amendment to Chapter 4 of the Eagan City Code pertaining to shoreland zoning regulations. Aye: 5 Nay: 0 PROCLAMATION/CHRONIC FATIGUE SYNDROME AWARENESS This item was moved to the beginning of the meeting for action under Department Head business. NEAM. Resident Stan Piekarski approached the Council to discuss on-going problems with the service road that runs by his property. He claims to have maintained it for 25 years and now wishes to be reimbursed. It was the general consensus that these issues had been thoroughly discussed with the Public Works Committee; however, Mr. Piekarski will contact staff for further discussion. The City Council will become reinvolved if the need for compromise arises. CONTRACT 93-05/BULK MAIL CENTER STORM SEWER LIFT STATION Director of Public Works Colbert provided a brief background on this item which was not part of the formal agenda. He indicated that this work had been included with a previous contract bid; however, was deleted Page 17/EAGAN CITY COUNCIL MINUTES March 2, 1993 from the contract because of the inability to close an easement agreement with the Bulk Mail Center to allow this work to be completed. Mr. Colbert said the storm sewer pump for ponding in that area has failed and the City is presently using portable pumps. With the upcoming snow melt and rainy season as well as the approximate 10 - 12 weeks necessary for the pumps to be manufactured and delivered, Mr. Colbert asked Council's consideration of Contract 93-05. Wachter moved, Awada seconded, a motion to approve the plans and specifications for Contract 93-05, Bulk Mail Center Storm Sewer Lift Station - Reconstruction and Replacement, and authorized the advertisement for bids with a bid opening at 10:30 a.m. on March 26, 1993. Aye: 5 Nay: 0 Director of Public Works Colbert has indicated the Bulk Mail Center manager has committed his cooperation if there is difficulty in getting a formal easement processed indicating that they will allow the City rights-of-entry so that the facility can be repaired. Wachter moved, Egan seconded, a motion to approve the checklist dated February 25, 1993, in the amount of $1,089,024.24, and the checklist dated March 1, 1993, in the amount of $637,783.20. Aye: 5 Nay: 0 The regular meeting of the Eagan City Council was adjourned at approximately 12:45 a.m., March 3, 1993. KF CITY OF EAGAN VanOverbeke City lerk 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).