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04/20/1993 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan,Minnesota April 20, 1993 A regular meeting of the Eagan City Council was held on Tuesday, April 20, 1993, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin and Hunter. Also present were City Administrator Tom Hedges, Acting Community Development Director Jon Hohenstein, Director of Public Works Tom Colbert and City Attorney, Jim Sheldon. City Administrator Hedges asked that Items S, T and U from the Consent Agenda be continued indefinitely. Wachter moved, Hunter seconded, a motion to approve the agenda for the April 5, 1993, regular City Council meeting as amended. Aye: 5 Nay: 0 Hunter moved, Wachter seconded, a motion to approve the minutes of the April 5, 1993, regular City Council meeting as presented. Aye: 5 Nay: 0 FINANCE DEPARTMENT/SALE OF EQUIPMENT CERTIFICATES AND BONDS Mayor Egan introduced this item as the receipt of bids and awarding the sale of General Obligation Equipment Certificates of Indebtedness, General Obligation Water Revenue Refunding Bonds, General Obligation Fire Facilities Refunding Bonds and General Obligation Improvement Refunding Bonds. City Administrator Hedges provided brief background information on this item noting that the Council had previously authorized the issuance and sale of the above-referenced certificates and bonds. Due to the low interest rates available and additional review of the sale economics it was determined that the most benefit to the City would occur if the issue could be bank qualified wherein the interest rates would be estimated to be approximately 50 basic points lower. The five year trend of rates, which have been steadily decreasing to what is now a 20 year low point, were then reviewed. Based on Springsted's study and conversations with City staff, it was determined that a negotiated sale would be the best option for these issues. Dave MacGillivray of Springsted Incorporated reviewed each of the offerings and noted that bids for each offering were opened at Springsted at 10:30 a.m. on April 20th. After review of the $325,000 General Obligation Equipment Certificates of Indebtedness, Series 1993A, Wachter moved, Awada seconded, a motion to award the bid to United Missouri Bank, NA. Aye: 5 Nay: 0 After review of the $7,275,000 General Obligation Water Revenue Refunding Bonds, Series 1993B, Awada moved, Wachter seconded, a motion to award the bid to Lehman Brothers, Painewebber Incorporated, Prudential Securities, Inc., Dean Witter Reynolds Incorporated. Aye: 5 Nay: 0 After review of the $1,285,000 General Obligation Fire Facilities Refunding Bonds, Series 1993C, Masin moved, Hunter seconded, a motion to award the bid to Harris Trust and Savings Bank, Kidder, Peabody & Company, Inc. Aye: 5 Nay: 0 C Page 2/EAGAN CITY COUNCIL MINUTES April 20, 1993 After review of the $950,000 General Obligation Improvement Refunding Bonds, Series 1993D, Masin moved, Hunter seconded, a motion to award the bid to Harris Trust and Savings Bank, Kidder, Peabody & Company, Inc. Aye: 5 Nay: 0 Mayor Egan thanked Springsted for their successful efforts in obtaining favorable interest rates which resulted in substantial savings to the City of Eagan. Mayor Egan recognized members of Boy Scout Troop 453 who were in attendance to observe their local government at work. Councilmember Wachter noted, as a point of information, that the cost of the improvements to the Lexington/Lone Oak intersection were projected at $1,200,000. Mayor Egan stated that this item will be reviewed again by the Council when it appears on the agenda and there will be further information to allow the Council to compare comparable improvements. After a brief introduction by City Administrator Hedges, Police Chief Geagan introduced Linda Cummings to the City Council. Ms. Cummings has been hired as an Administrative Assistant in the Police Department and will be doing some planning, research and special projects for the department. A. Personnel Items. Item 1. Seasonal Concession Workers--It was recommended that the hiring of Deborah Buntjer, Holly Confer, Christopher Fischer, Lei-Lani Fischer, Nora Flueger, Wendy Foreman and Susan Garry as seasonal concession workers be approved. Item 2. Seasonal Tennis Instructors--It was recommended that the hiring of Patricia Mraz (tennis director), Monica Berhow,Melinda Cohee and Holly Hanson as seasonal tennis instructors be approved. B. Plumbers Licenses. It was recommended that the plumbers licenses for 1) Alpha Mechanical, Inc., 2) Murr Plumbing, Inc., 3) Seitz Brothers, Inc., 4) Shimon Plumbing & Heating, Inc., 5) Summit Plumbing & Heating, Inc., 6) Spiess Plumbing, and 7) TGH Plumbing be approved. C. Resolution Opposing House File 622. 623. 641. 671. and 677 as Introduced in Minnesota House of Representatives. 1993 Legislative Session It was recommended that a resolution opposing the Orfield legislation be approved as presented. R-93.24 D. Kingswood 2nd Addition Escrow Agreement It was recommended that a reduction of $8,918 to the Kingswood 2nd Addition escrow account No. 88- SS be approved subject to the developer paying the balance to the City of Eagan by May 20, 1993 E. Set May 22. 1993, as Date for Public Auction of Surplus Property. It was recommended that May 22, 1993, at 10:00 a.m. be set as the date and time for the City of Eagan public auction of surplus property. Page 3/EAGAN CITY COUNCIL MINUTES April 20, 1993 F. License. Tree Contractor. Henning and Rohde. It was recommended that a tree contractor license for the firm of Henning and Rohde be approved. G. Permit.Dance Hall for Diamond T Ranch. 4889 Pilot Knob Road It was recommended that a dance hall permit for Diamond T Ranch be approved under the following conditions: 1) The day and time for dances will be Fridays from 8:00 p.m. to 1:00 p.m., 2) The maximum number of dancers will be 200, 3) Smoking will be allowed, 4) An officer of the law need not be present, 5) Non- intoxicating beer and wine may be consumed. H. Blue Bell Ice Cream to Operate a Solicitation Business on Public Streets within the City of Eagan. Approval was recommended for Blue Bell Ice Cream to operate a solicitation business on public streets within the City of Eagan under the following conditions: 1) Liability insurance coverage evidenced by a certificate of insurance, 2) Hours of operation will be from 12:00 noon to 15 minutes prior to sunset, 3) The operation dates will be from the date of Council approval, April 20, to October 1, 1993, 4) The trucks must not generate a noise level greater than 65 decibels, 5) Caution swing arms will be required on each vehicle, and, 6) Ice cream trucks are excluded from City parks. 1. Wenzel Addition Final Plat It was recommended that the final plat for Wenzel Addition be approved as presented. R-93.25 J. Blackhawk Acres 3rd Addition Final Plat It was recommended that the final plat for Blackhawk Acres 3rd Addition be approved as presented. K Amendment. Comprehensive fee Schedule.Shoreland Zoning Ordinance. R-93.26 It was recommended that amendment of the comprehensive fee schedule to include a charge of $3 for the City's shoreland zoning ordinance be approved. L. Agreement.State Building Code Division for City Plan Review of Northview Elementary Roofing Project. It was recommended that an agreement between the State Building Code Division and the City of Eagan for a plan review and inspections of the Northview Elementary School roofing project be approved as presented. M. Authorize Parking Restrictions (Slater Road - Cliff Road to Cinnamon Ridgg Trail). It was recommended that the restriction of on-street parking on either side of Slater Road from Cliff Road north to Cinnamon Ridge Trail be approved. N. Authorize Transfer of Delinquent Tax Receivables to General Fund. It was recommended that the transfer of all delinquent taxes receivable to the general fund be approved. Page 4/EAGAN CITY COUNCIL MINUTES April 20, 1993 0. Resignation. Advisory Planning Commission Member /Authorize Replacement. It was recommended that the resignation of Advisory Planning Commission Member John Griggs be accepted and his replacement be chosen from the existing pool of applicants.who have shown an interest in participating on the Advisory Planning Commission. The selection process will take place once applicants are contacted regarding their continued interest. P. Request for Building Permit Refund. It was recommended that the refunding of building permit fee ($35.50) and plumbing permit fee ($15.50) to Ms. Virginia Wardrum be approved. 0. Contract 93-04. Receive Bids/Award Contract (St. Thomas Becket - Utilities). It was recommended that the bids for Contract 93-04 (St. Thomas Becket-Utilities) be received and the contract be awarded to the lowest responsible bidder. R. Project 607 Diffley Road). Request for Extended Working Hours. It was recommended that the hours of operation for Diffley Road Project 607 be extended to incorporate the hours of 6:30 a.m. - 8:00 p.m. from April 22 through September 1, be approved. S. Agreements with Pro Stop Fuel. Inc.. for Construction and Maintenance of Dart Transit Frontage Road. This item was continued indefinitely. T. Limited Use Permit with MnDOT for Construction and Maintenance of Dart Transit Frontage Road. This item was continued indefinitely. U. Agreement with Dart Transit Company for Indemnification and Guarantee of Obligation for Construction and Maintenance of Dart Transit Frontage Road. This item was continued indefinitely. V. Contract 93-01. Consider Change Order #1. Maintenance Facility Cold Storage Building. Councilmembers Wachter and Hunter questioned the need to include Item 3 for ships ladders to the mezzanine and roof in the change order. Director of Public Works Colbert clarified that there were no mechanical units on the roof therefore only limited access would be necessary. It was felt by the architects this was the best option for access to the roof. After further clarification it was recommended that Change Order #1 under Contract 93-01 be approved to include only Item #1 for $528.00 and Item #2 for 308.00 for a total change order total of $836.00. W. Proclamation. Eagan Arbor Day (April 24. 1993) and Eagan Arbor Month (Max). After Mayor Egan read the Proclamation of Eagan Arbor Day and Eagan Arbor Month, it was recommended that the proclamation identifying April 24, 1993 as Eagan Arbor Day and May, 1993 as Eagan Arbor Month be approved as presented. R-93.27 Wachter moved, Masin seconded, a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 Page 5/EAGAN CITY COUNCIL MINUTES April 20, 1993 Mayor Egan noted that Arbor Day will be celebrated at Captain Dodd Park on Saturday, April 24 with the program beginning at 9 a.m. VACATE DRAINAGE/SUNSET 12TH Mayor Egan introduced this item as a request to vacate various drainage, utility and street easements within the Sunset 12th Addition and Praise Lutheran Church Addition. City Administrator Hedges provided a brief background noting that the public hearing, which typically follows the preliminary plat, is scheduled on the same agenda as the final plat. Director of Public Works Colbert explained the applicant is requesting a variance for various drainage, utility and street easements within the subdivision to accommodate a transfer of property and expansion of parking lot facilities for the Praise Lutheran Church facility. Mr. Colbert continued that notices had been sent pertaining to this request but no objections or concerns have been expressed to date. After further discussion, Masin moved, Wachter seconded, a motion to close the public hearing and continue this item until after the discussion of the final plat for Praise Lutheran Church. Aye: 5 Nay: 0 VACATION/LOT 6, BLOCK 1, BUFFER HILLS ADDN Mayor Egan introduced this item as a request to split a duplex lot previously reviewed at the April 6 Council meeting. City Administrator Hedges noted that the initial review revealed that the structure encroached into the previously dedicated drainage and utility easement along the south side of the lot. Since the easement affects only the owners of Lot 6 and 7, the City Attorney noted that if a Waiver of Hearing was signed by both affected property owners the public hearing could be held on April 20. The Waiver has been signed and there have been no objections received to date regarding this petition. Donald Christenson asked for clarification on the lot split. Director Colbert noted that if the Council approved the vacation request and each lot was served by separate services then the lot could be split as requested. After requesting documention to substantiate that information, Mr. Christenson was advised that once the Council takes action on this issue the Mayor and City Clerk would execute the necessary documents. Awada moved, Wachter seconded, a motion to close the public hearing and approve the vacation of the drainage and utility easement for Lot 6, Block 1, Buffer Hills Addn and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay 0 WOODLANDS NORTH 3RD ADDN Mayor Egan introduced this item as a public hearing regarding streets and utilities improvement for the Woodlands North 3rd Addn. City Administrator Hedges explained that the feasibility report had been received, notices published will all potentially affected property owners notified. A neighborhood meeting was also held on April 5, 1993. After asking the Council if they had any questions, Mayor Egan opened the public hearing. Cydney Welter, 3505 Trails End Road, owner of property identified as 011-02 and 014-02 indicated her dissatisfaction with the differences in the most recent feasibility report and the report that was issued on March 16, 1993. The March 16 report reflected an assessment to their property of approximately $1650 and the new feasibility report shows an estimated assessment to be $22,535 along with the requirement for temporary easements. Ms. Welter's concern was that she had not had sufficient time to assess the impact of the latest feasibility report since it was received on April 16, 1993. Ms. Welter'asked the Council to consider waiting on this issue until it was determined what would happen with the properties on the south side of Trails End Road and Cedar Street. She continued that the southern properties will not use Trails End Road as an access from Cedar Street and suggested that improvements be completed on Ivy Lane only at this time. Ms. Welter concluded that because of the extreme difference in assessment estimates a longer review process should be provided for the property owners so they can determine how best to handle the situation. Page 6/EAGAN CITY COUNCIL MINUTES April 20, 1993 Mayor Egan asked why there were two separate feasibility reports. Assistant City Engineer Foertsch explained that a preliminary draft was sent to residents to provide some base information for them. The preliminary draft did not extend Trails End Road beyond Lot 24 therefore the initial estimate of assessments was lower. The actual feasibility report provided that Trails End Road would extend to the south but would not continue south of Cedar Street. In response to a question as to whether the developer would/could escrow a portion of the assessments so that only a portion of Trails End Road could be done now and the balance later, City Attorney Sheldon noted that it could be done if the developer agreed. Howard Kyllo representing the developer, explained that they would prefer not to tie up dollars for an undetermined amount of time; they would rather have all improvements completed now, pay the assessments and have the property ready for development. Mayor Egan asked what the ramifications would be if the Council considered a deferment on this issue. Director of Public Works Colbert explained that it could be done, however the City would then finance the balance of the assessments since there would be no other means to share those costs. Councilmember Hunter asked what the policy has been in the past. Mayor Egan noted that there had not been many granted in the past. Ms. Welter indicated that they would have applied for a deferment if they had had more information and time to do so. Mayor Egan reiterated that it would not be feasible for the Council to approve improvements only to Ivy Lane. Tom Colbert explained that there is sufficient time for property owners to request a deferment if they so choose. He added that if the project is approved by the City Council the County will be notified and a final assessment hearing will most likely be scheduled in October. This allows several months for property owners to request deferments if they choose. Mike Foertsch added that the right-of-way easements would also need to be signed after negotiations with the property owners. Councilmember Awada clarified that the lots would be assessed only up to the amount that the improvements would benefit their property. Mayor Egan thanked the property owners who attended the meeting and reminded them that this was a public hearing to determine the feasibility of these improvements and that the final assessment hearing would be held in October, 1993 to allow time for property owners to obtain appropriate legal counsel if they so desire. Councilmember Wachter asked that staff continue to work with the residents to keep them updated on this project. Wachter moved, Hunter seconded a motion, to close the public hearing and approve Project 648, Woodlands North 3rd Addition - Streets and Utilities and authorize the preparation of detailed plans and specificationsAye: 5 Nay: 0. GOOSE POPULATION CONTROL/CEDAR POND Mayor Egan introduced this item as residents' concern for the growing goose population at Cedar Pond Park. City Administrator Hedges explained that several calls have been received from residents near the Cedar Pond area regarding goose droppings in the park and on the trail. Because the City is sensitive to the translocation of the goose population a public hearing was scheduled to get input from residents. Mr. Hedges introduced Parks Superintendent VonDeLinde and noted that he has been communicating with the University of Minnesota to coordinate the translocation project. Superintendent VonDeLinde explained that the first step in the process was to determine the desired target goose population level from the standpoint of maintenance, sanitation and public safety. Currently there are approximately 120-125 birds that are not spilling over to adjacent neighborhoods. The University of Minnesota is proposing a four year translocation process, at a cost of $1,000/year, wherein the goslings would be captured and released in northern Minnesota and the adults would be captured and released in Mississippi. Bob Fashingbauer from the University of Minnesota was present to explain that the capture would occur approximately between the first week of June through the first week in July when the birds cannot fly. He continued that there is typically a 98.9% capture rate and 5-10% return rate. Page 7/EAGAN CITY COUNCIL MINUTES April 20, 1993 Mayor Egan asked what the recommended population would be for Cedar Pond; Mr. Fashingbauer responded that 25 would be a good number. Councilmember Wachter asked why the older birds where released in Mississippi and not in northern Minnesota. Mr. Fashingbauer explained that northern Minnesota is too close; the birds would have no problem finding their way back to Cedar Pond. Mayor Egan then opened the public hearing. Greg Turnquist, 2067 Garnet noted that he lived across from Cedar Pond and was more concerned about the ducks than the geese. He suggested that some measures be taken to curb the feeding of both the geese and ducks. Mr. Vessel, Topaz Drive reiterated the need to control the feeding of the wildlife. He felt that a City Ordinance should be considered banning the feeding of water fowl within the city in order to control the population. Mr. Fashingbauer noted that strict feeding controls can help to maintain the waterfowl population. Mayor Egan closed the public hearing. Hunter moved, Awada seconded, a motion to approve the Canada goose capture and translocation project at Cedar Pond Park beginning in 1993 at a cost of $1,000 per year and continuing until such time that the goose population can be managed at an acceptable level. The feasibility of establishing a controlled feeding policy for wildlife within the City of Eagan should also be investigated. Aye: 5 Nay: 0 Ell>1~.~NEE SIDEYARD SETBACK VARIANCE/BRIDLE RIDGE ADDITION/JJOSEPH CONSTRUCTION Mayor Egan introduced this item as a 3 foot variance to the required 5 foot sideyard setback for Lot 11, Block 7, Bridle Ridge Addition. City Administrator Hedges noted that this item had been continued from the April 5, 1993 meeting in order to collect additional site data. The issue for Council consideration would be whether the desire for the third garage stall and the absence of cost-effective alternatives constitutes a hardship sufficient to warrant a variance. Councilmember Awada explained that after reviewing the site she did not feel it would be feasible to add on to the garage because it would place the building within 2 feet of the property line. Awada continued that the proposed addition was very close to the property line and the neighbor to the east was opposed to it. Councilmember Wachter, although sympathetic to the request of the homeowner, agreed that 2 feet from the property line was too dose. Mayor Egan added that there had been no hardship shown at the last Council meeting and there doesn't appear to be one shown at this time. Councilmember Awada expressed her hope that the homeowner would be able to work something out to accommodate his needs. Wachter moved, Hunter seconded a motion to deny a variance for J. Joseph Construction of 3 feet to the required 5 foot sideyard setback for Lot 11, Block 7, Bridle Ridge Addition as presented. Aye: 5 Nay: 0 PROJECT #93-02, CEDAR GROVE RECONSTRUCTION Mayor Egan introduced the receipt of bids and contract award request for Project 93-02, Cedar Grove Street Reconstruction. City Administrator Hedges explained that after closing the public hearing on December 8, 1992 staff was directed to proceed with detailed plan preparation and.formal bid solicitation. Bids were received at 10:30 a.m. on March 26, 1993 and checked for accuracy and compliance with bid specification requirements. The reconstruction project will include residential streets within the Cedar Grove #3, #4, #5, #6 and part of the 9th Additions. Director of Public Works Colbert explained that the low bidder for this project is Valley Paving with a total base bid, with Alternate No. 1, of $2,177,449.28. Director Colbert noted that the installation of street lighting has been deleted from this contract. He also noted that the bids came in 15% under the feasibility report projections. Tom continued that this is one of the largest projects undertaken by the City of Eagan Page 8/EAGAN CITY COUNCIL MINUTES April 20, 1993 encompassing 8 miles of residential street reconstruction and impacting 760 properties. This project will be very closely monitored to ensure a successful project completion. Unidentified resident from Carnelian expressed his concern for the streetlights not being included in this contract. He noted that his home had been burglarized recently, along with several others in the neighborhood, and the residents feel that streetlighting will help to remedy that situation. He asked that the Council consider including streetlights into the contract. It was also noted that there was a significant difference in the amount charged by NSP and Dakota Electric for streetlights. The homeowner indicated that in his research he found that NSP charges approximately $580 per streetlight whereas Dakota Electric charges approximately $394. He asked if there was anything the City could do to equalize those fees. Mayor Egan explained that the homeowners could petition to have streetlights installed in their neighborhood but the City would not have the ability to control or influence what prices are charged by the utility companies. Councilmember Awada asked why there was such a big difference in streetlight costs. Public Works Director Colbert responded that the numbers being used may not be accurate since a feasibility report had not been done. It is true, he continued, that NSP's costs for this particular item are higher than Dakota Electric. Sandy Masin asked if the neighborhood provided a petition to the Council shortly could the streetlights then be included in the existing contract. Director Colbert clarified that if a petition was received in May, the earliest work could begin would be July to allow for the public hearing process and feasibility report. This time frame may or may not coincide with the work that is currently underway for street resurfacing. Councilmember Wachter reiterated that an estimated dollar amount cannot be provided until a feasibility report is requested and completed. Director Colbert added that 35% of the property owners would need to show an interest in pursuing this option before a feasibility report would be considered. Mayor Egan explained that receipt of a petition by at least 35% of affected property owners would generate a feasibility report which would provide the residents with the costs for streetlights. Director Colbert introduced the individuals from Valley Paving, BRAA and the City of Eagan who will be serving as the project team. Everyone involved in this project is committed to excellence and will resolve issues as quickly as possible. David Wyss, 2108 Shale Lane asked that special attention be paid to Sandstone from Rahn to Nicols. Because of the bus traffic to and from Rahn School, Mr. Wyss noted that there is a great deal of wear on this section of road as asked that it be reinforced in some way. Director Colbert thanked Mr. Wyss for his suggestion and noted that work will be done to allow for bus traffic in that area. Hunter moved, Wachter seconded a motion to receive the bids for Contract 93-02 (Cedar Grove Street Reconstruction) and award the contract to Valley Paving, Inc. in the amount of the base bid including Alternate #1 and deny the contract with NSP and DEA for the installation of residential neighborhood streetlights and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 PROJECT 617R, REVISE PENDING ASSESSMENT ROLL Mayor Egan introduced this item as a revision to the pending assessment roll for Project 617R (Cedar Grove Street Reconstruction). After providing a brief background, City Administrator Hedges commented that the City Council is very sensitive to this reconstruction project and had requested a detailed extensive appraisal process to determine the increase in property value resulting from this project. Public Works Director Colbert continued that 27 homes were appraised. Where no concrete curb and gutter presently exist, the increase in property value ranged from $2-3,000 per lot. Lots where curb and gutter exist show an increase from $1,500- 2,500 per lot. After evaluating the appraisals, the assessment value for lots without curb and gutter is recommended to be $2,000 and the assessment for lots with curb and gutter recommended to be $1,500. Mayor Egan commented that the City Council had indicated they would review the assessments based on the appraised value of properties. Although there is a significant reduction in assessments to the property Page 9/EAGAN CITY COUNCIL MINUTES April 20, 1993 owners there is an increase to approximately 55% for the City. Fortunately, Mayor Egan continued, the bids came in lower than expected. Resident from 3943 Mica Trail expressed his disenchantment with obtaining information regarding pending assessments. He noted that he recently sold his home, called the City and County to see if there were any pending assessments on his property. In both cases he was told that there were no pending assessments. This resident wanted to pay the assessments to the City so that they would be taken care of before the sale. City Attorney Sheldon clarified that there is a pending assessment but assessments cannot be adopted until a public hearing is held, which has not occurred to date. Mayor Egan wasn't clear why the City was unable to identify pending assessments for this resident. Director Colbert explained that staff will investigate this issue and get back to the resident. Dean Johnson, 2107 Shale Lane asked if his concrete driveway would be replaced if the road reconstruction necessitated its removal. Director Colbert explained that if a portion of the driveway needs to be removed it will be replaced with the same material. Awada moved, Hunter seconded, a motion to revise the pending assessment roll for Project 617R (Cedar Grove Street Reconstruction) to reflect the appraised value of benefit for single family equivalent properties. Aye: 5 Nay: 0 PROJECT 6178, RECEIVE FINAL ASSESSMENT ROLL Mayor Egan introduced this item as the receipt of the final assessment roll for Project 617R and scheduling a public hearing for the Cedar Grove Street Reconstruction. After providing background on this item, City Administrator Hedges explained that once final assessments have been levied by the City Council, property owners will have 30 days to pay that amount without interest. The unpaid balance is then certified to Dakota County and spread over a period of 15 years with the first payment included in the tax statement payable in May of 1994. The first payment will include interest on any unpaid balance from the date of the final assessment hearing through and including 1994. Councilmember Hunter asked if there would be any benefit in setting the final assessment roll now to obtain better interest rates. Director of Finance VanOverbeke explained that the rates are tied to bonds; the estimated interest rate of 6.5% would probably not change significantly from now until fall. Director VanOverbeke did request that the City act as the escrow agent for property owners who wish to sell their property and need to hold the assessments in escrow. Other financial institutions typically ask that 2-2' times the amount of the assessment be held in escrow. After further discussion, Wachter moved, Hunter seconded, a motion to receive the final assessment roll for Project 617R (Cedar Grove Street Reconstruction), schedule a final assessment hearing to be held on October 5,1 993, and that the City of Eagan act as escrow agent for the prepayment of assessments. Aye: 5 Nay: 0 SPECIAL ASSESSMENT REALLOCATION AGREEMENT SCHENKEL/ENGSTROM Mayor Egan introduced this item as an agreement requesting the reallocation of special assessments from Outlot D of Lexington Pointe Addition to Outlot A of Lexington Pointe Eighth Addition. City Administrator Hedges explained that at the time of platting Lexington Pointe Eighth Addition, Outlot D contained a pending assessment of $168,147 for the upgrading and improvement of Diffley Road. Without the reallocation agreement the City would allocate the entire assessment on a pro-rata share against all the new Page 10/EAGAN CITY COUNCIL MINUTES April 20, 1993 parcels created from Outlot D. The agreement would place the total assessment on the new Outlot A. If the Diffley Road assessments were levied only on Outlot A, a parcel of 13.81 acres, assessments would be approximately $12,176 per acre. Although the agreement includes a waiver of right to object and appeal the assessment, the potential exists for the property to go tax forfeit given that level of assessment before on-site improvements. Spreading the assessments over Outlot D, a parcel of 47.75 acres, the assessment would be approximately $3,521 per acre. Councilmember Hunter stated the City should not assume the risk for these assessments. Mayor Egan agreed. Councilmember Awada didn't feel it was that great a risk given the property would be worth more than $12,000 per acre. Director VanOverbeke indicated that Mr. Engstrom has expressed an interest in reducing the assessment. After further discussion Mayor Egan asked if the assessment could be reduced to $8,000 per acre therefore becoming a risk sharing proposition. Director VanOverbeke reminded the Council that the owners had waived the right to appeal the assessment. Wachter moved, Hunter seconded, a motion to approve the Agreement authorizing reallocation of special assessments, modified to $8,000 per acre, and waiver of hearing and right of appeal from Outlot D of Lexington Pointe Addition to Outlot A of Lexington Pointe Eighth Addition for Schenkel/Engstrom subject to a revised agreement to be considered for a future Council ratification. Aye: 5 Nay: 0 ORDINANCE AMENDMENT/CONSUMPTION City Administrator Hedges introduced this item as a possible revision to the City's consumption and display license provisions to eliminate the confusion as to eligibility and requirements. The amendment will more closely follow state statutes and also increase the number of eligible applicants for consumption and display licenses. It was felt this should be done as part of the ordinance codification process. After discussion, Awada moved, Hunter seconded, a motion to approve the ordinance amendment regarding consumption and display licenses. Aye: 5 Nay. 0 ORDINANCE AMENDMENT/LIQUOR LICENSING City Administrator Hedges introduced this item explaining that certain definitional changes made by the 1992 Legislature should be incorporated into the city code. Those included licensed premises described in an alcoholic beverage license application for a golf course should include the entire golf course except for areas where motor vehicles are regularly parked or operated; confections containing alcohol and liqueur-filled candy cannot be sold to minors. This amendment also repeals the bond requirement for both a liquor licensee and wine licensee. Director of Finance VanOverbeke clarified that previous alcoholic beverage licenses for golf courses provided for serving in the building only but can now be served on the golf course. Awada moved, Hunter seconded, a motion to approve the ordinance amendment Chapter 5 entitled Beer, Wine and Liquor Licensing and Regulation Aye: 5 Nay: 0 1993 ORDINANCE CODIFICATION City Administrator Hedges explained that after ordinances are adopted by the City Council they are codified on an annual basis. There is also an effort to try to incorporate all legislation included to date. This item includes all the ordinances which have been approved and are proposed for codification. Councilmember Awada asked the status of the Stalking Ordinance. Since it has not been acted upon as yet in the Legislature, she wondered if it would be appropriate to codify at this time. Her concern was if it needed to be repealed then more dollars would be expended to do that. Finance Director VanOverbeke explained that it is difficult to adopt an ordinance and not codify it; it would still need to be explained. Councilmember Wachter suggested that the Stalking Ordinance be included in the codification. Page 11/EAGAN CITY COUNCIL MINUTES April 20, 1993 Awada moved, Wachter seconded, a motion to approve the codification of Ordinances 142-162. Aye: 5 Nay: 0 SIDEYARD SETBACK VARIANCE/DUCKWOOD ESTATES/DAVID SEBASTIAN Mayor Egan introduced this item as a Variance of 5 feet to the 10 foot required sideyard setback in an R-1 zoning district, located at 3546 Widgeon Way, Lot 28, Block 1, Duckwood Estates. City Administrator Hedges provided a brief background on this issue and then introduced Acting Community Development Director Hohenstein. Acting Director Hohenstein explained that the applicants, David and Cathy Sebastian are requesting this variance to accommodate a building addition on the north side of their home. Pictures were shown identifying the location of the proposed addition. It is the applicant's belief that the addition on the north would cause little change to the home's appearance from the street and would jeopardize few trees. The City has expressed some concern regarding potential drainage problems if the variance is granted. Acting Director Hohenstein also noted that a letter had been received from Karen and Dani Fjelstad, 3542 E. Widgeon Way, regarding their concern for loss of trees and potential drainage problems if this variance is granted. The Sebastians have indicated that the current configuration of the house, its views and existing decks would be substantially interrupted or destroyed if this expansion were to be attempted on the south side of the house. There would also be more tree loss in this process. They felt that expansion on the west side appears to be the best option to provide the expanded space they are requesting. Mayor Egan recognized the concerns of the Fjelstads and asked if this addition could be done so the drainage and tree loss would not to impact the Fjelstad's property. Acting Director Hohenstein indicated this could be workable but would need to be monitored. Mr. Sebastian explained that if there was a drainage problem it would impact his property, not the Fjelstads. Mayor Egan asked that the Sebastians continue to communicate with the Fjelstads to answer any concerns they may have regarding this project. Councilmember Hunter expressed his concern for the slope area where the addition will be built, along with the drainage issue, but did not feel that a hardship was sufficiently identified to warrant issuing a variance. Councilmember Wachter stated it appears this is the only way this homeowner can expand space. Councilmember Awada commented that people look at hardship issues differently and she felt the inability to expand on any other side of the structure without major disruption was sufficient substantiation. Wachter moved, Awada seconded, a motion to approve a variance of 5 feet to the 10 foot sideyard setback for David and Cathy Sebastian for their property located at 3546 Widgeon Way. The variance shall be subject to all applicable City Codes and requirements. The applicant will demonstrate at the time a building permit is applied for that a drainage problem will not occur between Lots 27 and 28, Block 1, Duckwood Estates. Aye: 4 (Awada, Wachter, Egan, Masin) Nay: 1 (Hunter) VARIANCE FROM PUBLIC RIGHT-OF-WAY SETBACK RAY AND SHEILA SAILER/4540 WHITETAIL WAY Mayor Egan introduced this item as a variance request of 2 feet to the required 30 foot setback from public right-of-way, located at 4540 Whitetail Way, Lot 2, Block 5, Fawn Ridge Addition. After a brief background City Administrator Hedges turned the item over to Acting Community Development Director Hohenstein. Acting Director Hohenstein explained that the variance requested by the Sailers is for a 14' x 26' garage addition that will encroach into the setback area at the northwest comer of the garage addition. It was noted that the homeowner could build a 12' x 26' addition without a variance. It was also noted that this lot is surrounded on three sides by street. Pictures were presented showing the existing building and the location of the proposed addition and the impact to the lot. Mayor Egan indicated the hardship seems to be very dear in that this property is surrounded on three sides by a street, limiting the lot owner's options. Councilmember Masin asked if the addition will impact traffic Page 12/EAGAN CITY COUNCIL MINUTES April 20, 1993 visibility. Acting Director Hohenstein explained that the sight distances would not have a great impact in this location. After further discussion, Hunter moved, Wachter seconded, a motion to approve a 2 foot variance to the 30 foot setback from public right-of-way for Raymond and Sheila Sailer for property located at 4540 Whitetail Way subject to the garage addition being constructed of materials to match the existing structure and subject to all applicable ordinances. Aye: 5 Nay: 0 REZONING/PRELIMINARY PLAT HAWTHORNE WOODS 3RD ADDITION/LYMAN DEVELOPMENT COMPANY Mayor Egan introduced this item as a rezoning for Hawthorne Woods 3rd Addition/Lyman Development Company, of approximately one acre from Agricultural to Single Family and a Preliminary Plat consisting of 15 lots located east of Hawthorne Woods Drive in the northeast quarter of Section 25. City Administrator Hedges provided a brief background noting that this item had appeared before the Advisory Planning Commission on May 23, 1993 where they had recommended approval. Acting Community Development Director Hohenstein noted that separate applications have been submitted for this site located south of Diffley Road west of Highway 3. Acting Director Hohenstein continued that Hawthorne Woods was originally preliminary platted as 97 single family lots in February, 1992. Hawthorne Woods North and Hawthorne Woods West were preliminary platted in June and July, 1992, respectively. It was noted that 41 lots in Hawthorne Wood and 13 lots in Hawthorne Woods West have been final platted. Hawthorne Woods 2nd Addition, including the Hawthorne Woods North Preliminary Plat, with 59 lots, received final plat approval in March, 1993. Hawthorne Woods 3rd Addition proposes 15 lots with an average lot size of 15,358 square feet that will gain access from the East Wood Court cul-de-sac which ties into Hawthorne Woods Drive. After discussion,Wachter moved, Hunter seconded, a motion to approve a rezoning for Hawthorne Woods 3rd Addition/Lyman Development Company of approximately one acre from AG (Agricultural) to R- 1(single family). Aye: 5 Nay: 0 Wachter moved, Awada seconded, a motion to approve the preliminary plat consisting of fifteen lots located east of Hawthorne Woods Drive in the northeast quarter of Section 25 subject to the following: 1. These standard conditions of plat approval shall be complied with: Al,B1,B2,B3,C1,C2,C3,D1,El,Fl,G1,andH1 2. Tree protection during grading shall include enclosing trees to be saved with snow fencing or other suitable material. 3. Boulevard trees will be allowed 7' from the back of the curb. 4. All existing well and septic systems on this site shall be abandoned according to Department of Health, Dakota County, and City requirements. 5. A variance of 300' to the 500' maximum cul-de-sac length shall be approved for Eastwood Court. 6. This development is required to provide for the extension of Sanitary sewer from Eastwood Court to Diffley Road along the west edge of T.H.3. 7. This development shall provide for the looping of the 6" watermain from Eastwood Court to Diffley Road along the west side of T.H. 3. Page 13/EAGAN CITY COUNCIL MINUTES April 20, 1993 8. Sanitary sewer and watermain stubs shall be provided to the M. Diffley property on Lot 9 of Auditor's Subdivision #42. 9. The developer will be responsible for obtaining drainage and utility easements for the proposed sanitary sewer, watermain and storm sewer that will be constructed beyond the limits of the development. 10. The storm sewer layout for this development shall include a catch basin in the backyard drainage swale in between Lots 5 and 6. 11. This development shall be subject to a cash parks dedication and a cash trails dedication; proper tree protection is to be provided in those areas where trees are to be preserved. 12. The developer shall pay a cash dedication in lieu of additional on-site ponding to cover water quality obligations for the additional acre of the parcel. A no loss determination is recommended for the site regarding wetlands. Aye: 5 Nay: 0 PRELIMINARY PLAT/PRAISE LUTHERAN 2ND ADDITION PRAISE LUTHERAN CHURCH Mayor Egan introduced this preliminary plat request for Praise Lutheran 2nd Addition consisting of one lot on approximately 6.7 previously zoned public facilities located on the south side of Diffley Road, west of Dodd Road. City Administrator Hedges explained that this item appeared before the Advisory Planning Commission on March 23, 1993 and was approved. Acting Community Development Director Hohenstein noted that the plat consists of one lot and block incorporating the original Praise Lutheran 1st Addition together with a 1.9 acre parcel platted with the Sunset 12th Addition for Eagan Alliance Church. The site takes access from Dodd Road and it was noted that Praise Lutheran Church has no plans for construction on this property. There is also an existing cul-de-sac from Stirrup Street in the southeast corner from the site, however access from this cul-de-sac is not proposed. Jim Krech of Eagan Alliance Church explained their confusion with the requirement to provide a bituminous overlay on the cul-de-sac at the north end of Stirrup Street. They do not have a problem with providing concrete curb and gutter, however since the cul-de-sac is not used for access to the site they feel it is an extra burden in completing this development. He questioned if this would have been a requirement had the property not been sold. Another concern expressed was the cost of water quality fees. Public Works Director Colbert asked why Alliance Church would feel obligated to pay water quality fees. Mr. Krech replied that Alliance Church had agreed to pay one-half of all fees involved in the sale to Praise Lutheran Church. In response to the bituminous overlay on the cul-de-sac Director Colbert explained that Stirrup Street was stubbed to the north and planned to connect with Diffley or Dodd. At the time Sunset 12th was platted it was not known where the road would go, therefore a temporary cul-de-sac was required pending future development. Now that the road is being vacated, Director Colbert continued, the road needs to be upgraded to City standards. Councilmember Awada asked if the churches are using the cul-de-sac as an access, and if not, is it necessary. Director Colbert responded that it is needed as a fire/police access to the property and the property owners can use it as an access if they so choose. Wayne Groth of Praise Lutheran Church noted that they had to absorb the cost of the temporary cul-de- sac originally and they do not need access from Stirrup Street, therefore do not see the need to keep it or improve it. Director Colbert explained that this is an issue of the developer's responsibility rather than an assessed benefit to the land owner. Mayor Egan and Councilmember Hunter stated they hated to see the churches penalized. Councilmember Awada agreed with their sentiment, however, noted that if this was in the original development agreement, she would find it difficult to put the financial burden on the City for the e"% I Page 14/EAGAN CITY COUNCIL MINUTES April 20, 1993 improvement that is required. When asked if a cost was available for the bituminous overlay, Director Colbert stated an estimate was not done at this time. Another representative of Eagan Alliance Church reiterated their frustration in not being able to use this cul-de-sac; in fact, they were told by residents to the south that they couldn't have access to the church from the cul-de-sac. Since $7-9,000 has already been spent on a temporary cul-de-sac, they don't feel the overlay is necessary nor should it be an additional cost to them. Councilmember Wachter expressed his concern that the church would have been given the information that they could not use the cul-de-sac and thought the residents perhaps didn't understand that this is a public street and anyone, including the church, can use a public street. After further discussion, Hunter moved, Awada seconded, a motion to approve a preliminary plat for Praise Lutheran Church 2nd Addition consisting of one lot approximately 6.7 previously zoned public facilities acres located along the south side of Diffley Road, west of Dodd Road subject to the following: 1. These standard conditions of plat approval as adopted by Council action of February 2,1993 shall be complied with: Al, B1, B2, B3, C1, C3, D1, El, F1, G1, and H1 2. A permanent cul-de-sac with B618 concrete curb and gutter and a bituminous overlay shall be constructed at the north end of Stirrup Street. 3. The final plat shall include a 55 foot radius for the right-of-way for the cul-de-sac on Stirrup Street in accordance with City Code requirements. 4. The proposal shall be subject to a cash parks dedication and cash trails dedication. 5. The developer shall pay a cash dedication in lieu of on-site ponding to cover water quality obligations and the cash dedication will be based on the 2.2 acres of undeveloped land that will be added to the existing development. There will be a no loss determination for the site regarding wetlands. Aye: 5 Nay: 0 TRANSFER FROM GENERAL FUND TO ICE ARENA/YMCA FUND City Administrator Hedges explained that during 1991 and early 1992 the City incurred $31,769.67 of costs working on the recreational facility proposal. A recommendation has been made to transfer funds from the City's general fund to cover these costs. Hunter moved, Awada seconded, a motion to transfer from the general fund to the ice arena/YMCA fund and general fund budget adjustment in the amount of $31,769.67. Aye: 5 Nay: 0 PROCLAMATION FOR NATIONAL YOUTH SERVICE DAY City Administrator Hedges introduced a request to recognize the positive contributions of young people in the community and participate in National Youth Service Day 1993. Awada moved, Wachter seconded a motion to authorize Proclamation B be used as an official proclamation declaring April 20 as 'ational Youth Service Day". Aye: 5 Nay: 0 Page 15/EAGAN CITY COUNCIL MINUTES April 20, 1993 PARK SYSTEM PLAN UPDATE - CONSULTANT SELECTION City Administrator Hedges explained that the interview committee consisting of Mayor Egan, Councilmember Masin; Parks, Recreation and Natural Resources Commission Members Markell and Ipsen- Borgersen; Director of Parks and Recreation Vraa and City Administrator Hedges participated in the interviews of three firms for the Parks System Plan Update. The firm of Barton-Aschmann is being recommended. Mayor Egan and Councilmember Masin commented on the good experience they had during this interview process and felt that Barton-Aschmann provided an overview of their proposal that went far beyond what was expected. City Administrator Hedges added that they were clearly the most prepared in how to meet the demographic changes in the community. Wachter moved, Awada seconded, a motion to select the firm of Barton-Aschmann as the preferred consultant for the updating of the Park System Plan upon successful negotiations of fees and services. Aye: 5 Nay: 0 . t Acting Community Director Hohenstein explained an issue that had arisen regarding the Wescott Square area. It appears there is some concern regarding the lack of consistent maintenance due to the multiple ownership of the buildings. HRA has been considering looking into the benefit of unifying ownership in this area to help provide some continuity and maintain some consistency in managing the properties. Councilmember Awada questioned whether the HRA could manage this area any better. Acting Director Hohenstein explained that single management would certainly be a better option and it appears at this point that the private sector is having a difficult time managing this area. It was noted that perhaps the best option would be public/private involvement. City Administrator Hedges added that there has been a great deal of interest in this issue by several agencies. Administrator Hedges noted that there is a similar situation in Cottage Grove. Some of the local agencies have been watching the public/private involvement in that neighborhood to see how it is working; perhaps it can provide a model to be considered for Westcott Square. Administrator Hedges continued that this area has a large population of children with a shortage of places for them to interact and the community is looking at how best to help resolve this issue. Mayor Egan concluded that the Council would be willing to look at HRA as an option to unifying the management in this area. Acting Community Director Hohenstein explained that the Billboard Ordinance will be coming back to the Council soon. Mayor Egan noted there was a lot of discretion allowed in wanting to create flexibility. Councilmember Wachter stated he had not changed his opinion and does not want billboards up at all. City Attorney Sheldon clarified the City Council open hearing issue. It was noted that subcommittee meetings can be held without public notice. SPECIAL CITY COUNCIL MEETINGS City Administrator Hedges asked the Council to set the dates of special meetings to be held in the next few weeks. Wachter moved, Hunter seconded a motion to set a special City Council meeting for April 29, 1993 at 5:00 p.m. Aye: 5 Nay: 0 Awada moved, Hunter seconded a motion to set a special City Council meeting for May 4,1993 at 5:00 p.m. Aye: 5 Nay: 0 City Administrator Hedges indicated that several companies will be responding to RFPs for Insurance Agent/Broker of Record for the City of Eagan. It is expected that oral interviews will be conducted in mid-May Page 16/EAGAN CITY COUNCIL MINUTES April 20, 1993 and Administrator Hedges asked if any Councilmember wanted to participate in the interviews. Councilmember Hunter volunteered. Councilmember Hunter, noting that he had attended a recent meeting of ISD 191 Community Education, asked that a representative from the Advisory Parks, Recreation and Natural Resources Commission be appointed to serve on the 191 Community Education Committee. Councilmember Hunter continued that he is working on attempting to redraw school lines within the City of Eagan. He is hopeful that there can be an "even switch" to provide the least impact to school districts. CHECKLIST Wachter moved, Egan seconded, a motion to approve the checklist dated April 6, 1993, in the amount of $1,264,352.54; the checklist dated April 15, 1993 in the amount of $217,742.61; the checklist dated April 16, 1993 in the amount of $623,077.21; and the checklist dated April 19, 1993, in the amount of $1,638.55. Aye: 5 Nay: 0 ADJOURNMENT The regular meeting of the Eagan City Council adjourned at approximately 10:50 p.m. Aye: 5 Nay: 0 CM F EA anOverbeke Clerk If you need these minutes In an alternate form such as large print, braille, audio tape, etc, please contact the City of Eagan 3830 Pilot Knob Road, Eagan, MN 551 .Z (612) 681-4600 (7DD phone- (612) 454-8535).