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12/21/1993 - City Council Regular 00436 MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota December 21, 1993 A regular meeting of the Eagan City Council was held on Tuesday, December 21, 1993, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin, and Hunter. Also present were City Administrator Tom Hedges, Community Development Director Peggy Reichert, Director of Public Works Tom Colbert, and City Attorney James Sheldon. Mayor Egan advised there was changes to the agenda for the December 21, 1993, regular City Council meeting: 1) CONTINUED Public Hearing Item C3, Waterview Addition/Trunk Sanitary Sewer and WatermaIn with items H and I of new Business, 2) CONTINUED INDEFINITELY Items C and D, New Business, the Conditional Use permit and Liquor License requests for Panino's, 3) ADD Consent item A4, addition of a part- time public meeting cablecaster, and 4) Legislative/Intergovernmental Affairs Update Items 2, request for Resolution Opposing the Full Unfeathering of the Transit Tax for the City of Eagan. Wachter moved, Awada seconded, a motion to approve the agenda of the December 21, 1993, regular City Council meeting. Aye: 5 Nay: 0 N'I'1Er'I_ Councilmember Hunter requested a change on Page 7, Public Hearings, Paragraph 7, Sentence 2 of the December 7, 1993 regular City Council minutes to read: "Councilmember Hunter added a recount of discussions with the Mayors of Billings, Montana, and Orlando, Florida, and their higher ratios (1:1.3 and 1:3, respectively) of officers to population." Councilmember Hunter also asked the minutes reflect a motion to add the lifting of restrictions regarding the number of licenses on Page 10, New Business, Paragraph 6, Sentence 1, of December 07, 1993 regular City Council minutes to read: "Awada moved, Hunter seconded, a motion to approve changing the City Code regarding the application process for off-sale licenses noting that applications will be accepted at any time during the year, licenses will run from January 1 to December 31, new license applications will be reviewed by the Police Department, any license not activated within nine months will be rescinded, each applicant shall display to the City's satisfaction that it has at least an option on a specific site for the location of off-sale store, the license fee will be pro rated based on the number of months remaining before the license expires at the end of the calendar year, and the lifting of restrictions on the number of licenses." Mayor Egan requested a change on Page 2, Item E of the Consent Agenda of the December 7, 1993 regular City Council minutes to read: "It was recommended that a liquor license for Lost Spur in the name of the new manager, Steve Skar, be approved conditioned upon a favorable recommendation by the Eagan Police Department." Councilmember Wachter requested a change on Page 1, Minutes, Paragraph 7, Sentence 1, within the December 7, 1993 regular City Council minutes to read: "Councilmember Wachter asked that a reference be made in the minutes of the November 2, 1993, special City Council meeting to his preference that any restaurant built on Outlot G near the Mann Theater project be built on the east side to take advantage of the view of the wetland area." Hunter moved, Wachter seconded, a motion to approve the minutes of the December 7, 1993, regular City Council meeting as amended. Aye: 5 Nay: 0 Awada moved, Wachter seconded, a motion to approve the minutes of the December 7, 1993, special City Council meeting as presented. Aye: 5 Nay: 0 00437 PAGE 2/ EAGAN CITY COUNCIL MINUTES December 21, 1993 Councilmember Hunter requested that on Page 4, Paragraph 3, Oak Wilt, of the November 23, 1993, special City Council minutes, a final sentence be appended to read: "There was consensus that an Oak Wilt Program is very important to the City and some level of funding should be dedicated starting in 1994." Wachter moved, Hunter seconded, a motion to approve the minutes of the November 23, 1993, special City Council meeting as amended. Aye: 5 Nay. 0 Hunter moved, Wachter seconded, a motion to approve the minutes of the November 16, 1993, special City Council meeting as presented. Aye: 5 Nay: 0 Awada moved, Hunter seconded, a motion to approve the minutes of the December 15, 1993, special City Council meeting as presented. Aye: 5 Nay: 0 Mayor Egan introduced this item as a recognition of John S. Voss, the City's consulting planner for the past 24 and a half years. The Mayor read a certificate that was presented to Mr. Voss and signed by the entire Council. R-93.92 ~<G~~ti~ITIYIDT~)~IAT(`;~<~IPD' Senator Deanna Wiener, Representative Tim Commers and Representative Tim Pawlenty presented significant issues for the upcoming legislative session. Senator Wiener provided a handout addressing 1994 Legislation affecting local governments. She discussed prominent legislation for 1994 including; the issues of where to locate spent nuclear fuel rods, higher education considerations, issues on whether the MET Council should be an elected or appointed body, the City of St. Paul residency requirement for employees, and the Association of Counties study on optional forms of law to allow for greater flexibility in combining auditor and treasurer offices, once a vacancy occurs. Representative Tim Commers presented issues regarding four significant property tax proposals for the next legislative session, and the shortfall of the Local Government Trust Fund. Discussion of the impacts for the City of Eagan with the LGA shortfall determined that a $226,000 - $227,000 reduction could result. Representative Tim Pawlenty discussed options the State may pursue should there be a surplus of funds for 1993. He also discussed the probability of the RTC and RTB Boards being eliminated and combined within the MET Council as one operating division. Councilmember Hunter presented his concern with the MET Council's recommendation to pool dollars to create a regional investment fund. Representative Pawlenty discussed that this recommendation is one of many he anticipates in the future, and he is committed to fighting this agenda that provides much less discretion for City Councils. Councilmember Hunter and Wachter voiced their concerns over fiscal disparities. Councilmember Hunter also presented future Eagan projects and issues. Mayor Egan expressed concerns with proposed MET Council functions, the removal of financial resources for cities, reiterated future projects facing the City of Eagan, concerns over functions of the MET Council, and the issue of unfunded mandates. 00433 PAGE 3/ EAGAN CITY COUNCIL,MINUTES December 21, 1993 Mayor Egan questioned an element of the process defined within Item H, the Petition/Schedule Public Hearing for Ceadarvale Area Special Service District Legislative Authorization regarding the special service district procedures. Under 428A.06 Special Service District Procedures regarding bonds, the law states "the governing body may, by resolution adopted prior to the sale of the principal and interest of the proceeds of the service charge in the district are in insufficient to pay the principle and interest." Mayor Egan questioned whether the City would be required to pledge full faith and credit taxing power for the district. The City Attorney responded that the full faith and credit backing would only apply if the City chose to issue bonds for the special district. A. Personnel Items Item 1. It was recommended that Monotham Bounnak, Nancy Chellman, Holly Confer, Robert Foreman, Tim Gill, Aaron Halash, Colin Johnson, Rod Larson, Brock Libby, Gina Prescott, Prentice Rankin, Jason Sakry, Jeffry Schuller, Jason Schwamb, David Soutor, and Sam Vaughn be hired as seasonal winter recreation leaders for the 1993/1994 winter recreation season. Item 2. It was recommended that Mark Bush, Wayne Fox, Rob Hagstrom, Rick Kamrud, Chris Larson, Vincent Mergens, Scott Merkley, Bryan Mohr, and Douglas Monro be hired as contractual broomball and boot hockey officials. Item 3. It was recommended that a. 2.5% increase in compensation for regular, seasonal, and temporary non-collective bargaining employees for 1994 (except for election judges), an increase in the City's contribution toward employee plus dependent health insurance coverage for those employees who choose such coverage to $288.21 per month, an increase of 2.5% for car allowances and setting the mileage reimbursement amount at the 1994 IRS mileage amount be approved. Item 4. It was recommended that a part-time public meeting cablecaster be created. B. Extension. Autumn Ridge 4th Addition, for Recording Final Plat It was recommended that an extension of 30 days for final plat approval be approved for the Autumn Ridge 4th Addition. C. Contract 93-15. Receive Bids/Award Contract. Water OualitgPond Improvements It was recommended that the awarding of the contract for Contract 93-15 for Water Quality Pond Improvements be approved to the appropriate qualified low bidder. D. Resolution Authorizing Call of Sperry Tax Increment Bonds It was recommended that the resolution calling the Sperry tax increment bonds for redemption be approved. R-93.93 E. Approval of Deloitte + Touche Engagement Letter for Audit and Arbitrage Rebate Services for the Year Ending December 31. 1993 It was recommended that Deloitte + Touche be approved as the independent auditors and providers of arbitrage rebate calculation services for the year ended December 31, 1993, per the terms of the engagement letter. 00 33 PAGE 4/ EAGAN CITY COUNCIL MINUTES December 21, 1993 F. Final Plat, Town Centre 100 - Twelfth Addition (Mann Theaters) It was recommended that the final plat for the Town Centre 100 - Twelfth Addition as presented. R-93.94 G. Final Plat. Lexington Meadows It was recommended that the final plat for Lexington Meadows be approved as presented. , R-93.95 H. Receive Petition /Schedule Public Hearing. Request for Cedarvale Area Special Service District Legislative Authorization It was recommended that the EDC recommendation be accepted, the petition received, and the public hearing scheduled for January 18, 1994, for the Cedarvale area special service district legislative authorization. I. Approve Joint Powers Agreement (Street Sweeping. Striping & Sealcoating) It was recommended that the joint powers agreement (street sweeping, striping and sealcoating) be approved and the Mayor and City Clerk authorized to execute all related documents. J. Project 662. Receive Feasibility Report/Order Public Hearing (Cedar Grove 7. 8. 10. 11 and Applebaum Additions - Street Rehabilitation) It was recommended that the feasibility report for Project 662 (Cedar Grove 7, 8, 10, 11, & Applebaum Additions - Street Rehabilitation) be received and the public hearing scheduled to be held January 18, 1994. K Project 665. Receive Feasibility Report/Order Public Hearing(Blackhawk Road - Street Rehabilitation) It was recommended that the feasibility report for Project 665 (Blackhawk Road Street Rehabilitation/Improvements) be received and a public hearing scheduled to be held January 18, 1994. L. Contract 93-W. Acknowledge Completion /Authorize City Maintenance (Deerhawk - Services) It was recommended that the completion of Contract 93-W (Deerhawk Addition - Services) be acknowledged and perpetual City maintenance authorized subject to the warranty terms and conditions as identified in the development contract agreement. M. Stonebridge Ponds Addition. Easement Vacation Reimbursement It was recommended that a credit of $2,287.50 toward the reimbursement requirement for the vacation of a ponding and utility easement within the Stonebridge Ponds Addition. Hunter moved, Awada seconded, a motion to approve the Consent Agenda as presented. Aye: 5 Nay. 0 PAGE 5/ EAGAN CITY COUNCIL MINUTES December 21, 1993 REFUNDING BONDS/SURREY GARDENS APARTMENTS Mayor Egan introduced this item as issuance of multifamily housing revenue refunding bonds for Surrey Gardens Apartments. City Administrator Hedges explained the policy issue as whether the City Council would allow the owners of the project to refinance. Dan Gustafson and Terry McNellis, Managing Director of Piper Jaffrey, were present to answer questions by the Council. Councilmember Hunter questioned the associated risks with the project. Terry McNellis responded that the bonds used are Revenue Bonds, with no pledge of the City's tax dollars and the City is acting simply as a conduit for issuing those bonds. City Administrator Hedges responded that both the City's Financial Advisor Dave MacGillivray of Springsted, and bond counsel, Steve Rosholt of Faegre & Benson, found the proposal acceptable. Hunter moved, Awada seconded, a motion to close the public hearing approve the resolution giving final approval to the issuance of the multifamily housing revenue refunding bonds - Surrey Gardens. Aye: 5 Nay: 0 R-93.96 REFUNDING BONDS/ASPEN WOODS OF EAGAN Mayor Egan introduced this item as issuance of multifamily housing revenue refunding bonds for Aspen Woods of Eagan. City Administrator Hedges noted that Aspen Woods would return for consent ratification once a determination of their choice of financing had been made. Hunter moved, Masin seconded, a motion to close the public hearing and approve the resolution giving preliminary approval to the issuance of multifamily housing revenue refunding bonds - Aspen Woods of Eagan. Aye: 5 Nay: 0 R-93.97 WATERVIEW ADDITION/TRUNK SANITARY SEWER & WATERMAIN Mayor Egan introduced this item as Project 666, Waterview Addition - Trunk Sanitary Sewer and Watermain Extension. At the adoption of the agenda, it was determined to continue this item for discussion to occur simultaneously with items H and I under New Business. Hunter moved, Masin seconded, a motion to continue Project 666 (Waterview Addition - Trunk Sanitary Sewer & Watermain) and authorize the preparation of detailed plans and specifications to be heard simultaneously with items H and I of New Business. Aye: 5 Nay: 0 l I . B) TSI TESS> UNITED STATIONERS ADDITION/PRELIMINARY PLAT CONDITIONS Mayor Egan introduced this item as reconsideration of conditions of preliminary plat, United Stationers. Director of Community Development Reichert explained the request for a reconsideration of condition #8, United Stationers approved preliminary plat. She clarified that the condition requiring Meadowview Road serving United Stationers be upgraded, or that the applicant waive their right to object upgrading in the future, had been worked out since the agenda had been circulated. Staff has determined that the replat is to add land so the building can be expanded and meet lot coverage regulations. Director of Community Development 00441 PAGE 6/ EAGAN CITY COUNCIL MINUTES December 21, 1993 Reichert requested that condition number eight be waived in the preliminary plat. The applicant was present and in agreement with the compromise of the two conditions. Awada moved, Wachter seconded, a motion to approve a revision to the preliminary plat conditions for United Stationers Addition as presented, and to approve the two modifications to conditions as presented. Aye: 5 Nay:O R-93.98 :.:1~IEt?tis SE Mayor Egan introduced this item as the final plat for United Stationers. City Administrator Hedges explained that normally a final plat would be located on the Consent Agenda, but due the previous action, it was placed under New Business. Wachter moved, Awada seconded, a motion to approve the final plat for United Stationers Addition. Aye: 5 Nay: 0 DUPLEX LOT SPLIT/LOT 9, BLOCK 5, VIENNA WOODS ADDITION Mayor Egan introduced this item as a duplex lot split for Custom Design Builders, located at Lot 9, Block 5, Vienna Woods Addition, NE 1/4 of Section 31. Director of Community Development Reichert clarified that the duplex lot split was a proposal submitted ahead of time due to the applicant's financing needs. Awada moved, Masin seconded, a motion to approve a waiver of plat for a duplex lot split on Lot 9, Block 5, Vienna Woods Addition at 2043/2045 Vienna Lane, subject to the conditions set forth in the staff report. Aye: 5 Nay: 0 R-93.99 CONDITIONAL USE PERMIT/PANINO'S OF EAGAN Mayor Egan introduced this item as a conditional use permit for Panino's of Eagan, to allow on-sale liquor, 3.2 beer or wine in a CSC (Community Shopping Center) district within the Eagan Heights Commercial Park Planned Development on Lot 1, Block 1, Town Centre 100 Sixth Addition, located along the east side of Denmark Avenue, south of Town Centre Drive in the N 1/2 of Section 15. Hunter moved, Masin Seconded, a motion to continue indefinitely the Conditional Use Permit for on- sale liquor, 3.2 beer or wine, for Panino's of Eagan within the Eagan Heights Commercial Park. Aye: 5 Nay: 0 LIQUOR LICENSE/PANINO'S Mayor Egan introduced this item as a license for On-Sale Liquor, Panino's of Eagan, 3450 Denmark Drive. Wachter moved, Masin seconded, a motion to continue indefinitely an application by Panino's of Eagan for an on-sale liquor license for property located at 3450 Denmark Drive. Aye: 5 Nay: 0 WAIVER OF PLAT/COMMONWEALTH LAND TITLE INSURANCE Mayor Egan introduced this item as a waiver of plat for Commonwealth Land Title Insurance Company, to split a portion of Lot 14, Block 6, Woodgate 2nd Addition and combine it with Lot 15, Block 6, Woodgate 2nd Addition located along the west side of Hickory Hill in the SE 1/4 of Section 29. 00442 PAGE 7/ EAGAN CITY COUNCIL MINUTES December 21, 1993 Director of Community Development Reichert explained that the reconfiguration of the lot lines was solely to correct a problem of construction on another individuals property. She noted the two neighbors worked together to correct the property line. Wachter moved, Awada seconded, a motion to approve a waiver of plat for Commonwealth Land Title Insurance Company affecting Lot 14, Block 6, and Lot 15, Block 6, Woodgate 2nd Addition, subject to the following conditions: 1. The applicant must record this Waiver of Plat with Dakota County and provide documentation to the City within 60 days of City Council approval. 2. The applicant shall cause the execution of two separate lot combination agreements to be recorded at Dakota County to legally attach the land exchange to each parcel. 3. The applicant shall vacate the 10' drainage and utility easements centered over the existing common lot line. 4. The applicant shall dedicate ten foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the subject properties. The applicant shall dedicate easements of sufficient width and location as determined by engineering standards. 5. The applicant shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three feet as necessitated by storm water storage volume requirements. Aye: 5 Nay: 0 R-93.100 REZONING/LYMAN DEVELOPMENT COMPANY Mayor Egan introduced this item as a rezoning for Lyman Development Company, of approximately 1.6 AG (Agricultural) acres to an R-1 (Single Family) district located along the west side of Highway 3, south of Diffley Road in the NE 1/4 of Section 25. Director of Community Development Reichert explained the proposed rezoning and the following proposal waiver of plat request and location. Wachter questioned the access of the future road. Community Development Reichert clarified that the two parcels, A and B, would share a common driveway only. Hunter asked whether this area was annexed from Inver Grove Heights. Steven Ryan of Lyman Construction, replied that the noted area was originally part of Inver Grove Heights. Wachter moved, Hunter seconded, a motion to approve a rezoning of approximately 1.6 acres of agriculturally zoned land to R-1 (Single Family) for Lyman Development Company located along the west side of Highway 3, south of Diffley Road in the NE 1/4 of Section 25. Aye: 5 Nay: 0 00443 PAGE 8/ EAGAN CITY COUNCIL MINUTES December 21, 1993 WAIVER OF PLAT/LYMAN DEVELOPMENT COMPANY Mayor Egan introduced this item as a waiver of plat for Lyman Development Company, to split Lot 6, Auditor's Subdivision No. 42, Egan, and Lot 2, Auditor's Subdivision No. 43, Inver Grove Heights, located along the west side of Highway 3, south of Diffley Road in the NE 1/4 of Section 25. Community Development Reichert clarified that additional conditions were recommended by the Park's Commission regarding park trails and water quality dedication. Steve Ryan of the Lyman Lumber Company explained the legal description noting that the Auditors Subdivision as Inver Grove Heights is correct, due to when the subdivision was created it resided within Inver Grove Heights and then was later annexed into the City of Eagan. Steve Ryan stated he was in agreement with the APC and the Parks Recreation and Natural Resources additional conditions. Hunter moved, Wachter seconded, a motion to approve the waiver of plat for Lot 6, Auditor's Subdivision No. 42, Eagan and Lot 2, Auditor's Subdivision No. 43, Inver Grove Heights, located along the west side of Highway 3, south of Diffley Road in the NE 1/4 of Section 25, subject to the following conditions as well as the APC and the APNRNC conditions: 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993, shall be complied with: Al, B1, B2, B3, B4, C1, El, F1, G1, and H1 2. The applicant must record the Waiver of Plat with Dakota County and provide documentation to the City within 60 days of City Council approval. 3. All applicable City ordinances must be met. 4. The maximum slope of the driveway to serve Parcel B shall be 10%. 5. The lowest entry level of the proposed house on parcel B shall be constructed at an elevation 3 feet above the HWL of Pond JP-26.1 or higher. 6. A detailed grading, drainage and erosion control plan shall be prepared and submitted with the building permit application and the plan shall show the house and driveway location. 7. Drainage swales shall be provided around the proposed house to perpetuate surface drainage away from State Trunk Highway 3 to Pond JP-26.1. 8. This development shall dedicate 5-foot drainage and utility easements along all lot lines. 9. The development shall dedicate a drainage and utility easement over Pond JP-26.1 up to 3 feet above the HWL of the pond. Aye: 5 Nay. 0 R-93.101 00444 PAGE 9/ EAGAN CITY COUNCIL MINUTES December 21, 1993 REZONING/ARCON DEVELOPMENT INC Mayor Egan introduced this item as a rezoning for Arcon Development Incorporated, of 14.80 AG (Agricultural) acres to an R-1 (Single Family) district located along the east side of Dodd Road, west of Highway 3 in Section 36. Mayor Eagan reminded the audience that earlier he indicated item C of Public Hearings would be considered with item H and Item I of New Business. Item I was also introduced so discussion of Item C of Public Hearings, and Item H and Item I of New Business could be heard collectively, in order to allow greater flexibility in discussion of these issues. City Administrator Hedges explained that items H, the rezoning request for Arcon Development Inc., and I, preliminary plat for Waterview Addition, would be discussed initially, and depending on the outcome of the both the rezoning and the preliminary plat, the City Council would proceed accordingly. Specifically, he demonstrated, if the Council was in the affirmative for the rezoning and the preliminary plat then a presentation on the Public Hearing portion on the infrastructure would ensue. City Administrator Hedges then explained Item H, the rezoning request, had been heard at a public hearing at the November 23, 1993 Planning Commission meeting. The Planning Commission is recommending approval for both the rezoning request and the preliminary plat. Director of Community Development Reichert provided background information on the applications and locations for both the rezoning and the preliminary plat requests. She pointed out that the main issue of the rezoning was that the Comprehensive Plan the City of Eagan had adopted intended the area to be fully urbanized and developed. The Planning Commission recommended approval for the rezoning with a 5-2 vote. Discussion of the plat within the Planning Commission centered around whether there should be fewer lots. The Planning Commission, Director of Community Development recalled, recommended the plat as was presented, with 20 lots. She noted that she and the Director of Public Works Colbert met with the residents to discuss the city policy background and available options in two informational meetings. Director of Community Development Reichert further noted that the issue before the Council was if the Council felt that the area should be maintained in a rural character, necessitating the City Council to consider something more than Estate zoning. She passed out a handout on the proposed number of lots for the development. Director of Community Development Reichert pointed out that on Lot 10, Block 1, the lot is 85,000 square feet. Of that, she found the portion that is not within the pond easement is over 20,000 sf. The average lot size she estimated would be over 37,000 sf. The average lot size, excluding the pond easement was shown to exceed 17,900 sf. She added these lots require sewer, water, and storm drainage, and are urban density, rather than self-sufficient rural density. Director of Community Development Reichert noted as the area grows, lots will become more expensive, and overall, the amount of land available in this unique situation is quite small, due to development by the City of Eagan and surrounding areas. Regarding the preliminary plat, Community Development Director explained that the plat had been significantly revised since the first submittal, due to the initial proposal for a long culdesac that posed development concerns for land located to the south. A stub street, along with a temporary culdesac was developed to alleviate the problems associated with the proposed single long culdesac. The animal hospital had also been removed from the initial plat. Scott Johnson, President of Arcon Development stated he felt the design generated by City Staff and Arcon Development Inc. is the only plan suitable for the property. He noted five years ago Clair Fritz had contacted him expressing an interest in improving his property. At that time, Mr. Johnson explained, the 00443 PAGE 10/ EAGAN CITY COUNCIL MINUTES December 21, 1993 properties to the north of Fitz Lake were undeveloped at that time and did not possess sewer and water services. Mr Johnson added Mr. Fritz had to wait until those areas were developed, which is now occurring, and Mr. Fritz is the next property owner in line to receive water and sewer services. Following discussion, the hearing was opened to public comment. Doug Johnson, 4775 Dodd Road, thanked both the City Council and staff for their time and effort. He stated Jerry and Diane Meszaros are currently in Florida but did express their support for the letters requesting Estate zoning submitted to the City Council. He added the neighborhood objects to being assessed for sewer and water utilities for many of the residents will be unable to use those services. Chip Morgan, 4785 Dodd Road, thanked the staff and all of those involved for their time and effort. He voiced his opposition to the improvements for the following reasons: 1) the self contained nature of the location, 2) the longevity of the neighborhood, 3) the current large lot, 1-5 acres, characteristics of the lots, and 4) the development of the neighborhood prior to the creation of the Comprehensive Land Use Plan. Tom Gustafson, 4822 Dodd road, thanked the staff for their assistance. He raised various questions he held regarding Land Use Zoning Regulations in Chapter 11. He voiced concern over the plan for the west portion, next to his property. City Attorney Sheldon clarified that the abutting property owner has standing to request vacation and the City has the authority to petition on it's own, for that portion if desired. Mr. Gustafson questioned whether the portion along Highway 3 had been classified as wetlands and what would be done with the area. Director of Public Works Colbert read from the staff report in response, clarifying that the developer's consultant identified wetlands associated with Fitz Lake as the only wetland on the site. Mr. Gustafson asked whether the sedimentation pre-treatment pond would affect lot size. Director of Public Works Colbert responded a dedication of an easement would be needed incorporating the west pre- treatment pond, but that it would not affect the lot size, only the buildable size of the lot. Councilmember Awada noted should the area be changed to Estate zoning, the maximum number of buildable lots for the area would only be 13. Mr. Gustafson presented his concern over frontage area to the road regarding lots 10, 11, and 12 (53, 56, and 60 feet, respectively) compared to the City of Eagan's standard of 60 feet. Director of Community Development Reichert stated the standard consistently applied within the subdivision ordinance for actual frontage onto the street is 50 feet. Mr. Gustafson also expressed his concern over the removal of trees and Oak Wilt. Mike Neisius, 4856 Dodd Road, owner of a trucking business abutting Highway 3 on 4855 Dodd Road, questioned what impact the development would have on his business expansion. Director of Community Development Reichert noted the Comprehensive Land Use Plan designates that area as D-2, but that currently a small portion of his property is zoned General Business. Mayor Egan clarified that the Land Use Plan designated the area to be ultimately developed in that classification, but that the business owner could reasonable anticipate using the frontage road for his business. Councilmember Awada requested comments from staff and the audience regarding the option of leaving the area zoned Agricultural. Director of Community Development Reichert proposed a future presentation of the different options on how to provide utilities to the property and minimize fmancial impacts on other properties. She further explained the location of the property, surrounding areas and uses, and available utilities. Director of Community Development Reichert defined an Agricultural zone and pointed out that there are some lots in the area that would not meet the five acre minimum requirement. Mayor Egan articulated problems associated the zoning the area Agricultural. 00440" PAGE 11/ EAGAN CITY COUNCIL MINUTES December 21, 1993 Councilmember Wachter asserted the need to look at associated impacts for properties to the south and west of the neighborhood. Councilmember Awada noted that the Planning Commission did fulfill their job following the code, but that the City Council needed to find out additional information such as what rights Mr. Fritz possesses, lot sizes of R-1 zoned land, owners feelings regarding changing the area within the Comprehensive Land Guide to Estate or Agricultural. This information, the City Council agreed, should be brought back to the City Council for review. Mayor Egan stated he wished to have all affected property owners to the east and south of Highway 3 notified as well. He added he would like an investigation on issues such as the costs and associated impacts of looping the sanitary sewer system and water main versus allowing services to continue south, what the City's loss of revenue would be if the area was unserviceable, the impact of the Council's decision on the City's trunk systems, and technical, legal, and planning issues of rezoning the land from R-1 to Estate. Director of Community Development Reichert noted that it appeared the City Council wished to continue the application for rezoning and preliminary plat. She pointed out staff would take the time to complete the research, but due to a priority commercial study, the investigation of issues relating to the rezoning and preliminary plat request would require a significant amount of time. Mayor Egan questioned if Scott Johnson, President of Arcon Development, found the continuance acceptable, and Mr. Johnson replied that it was. Mayor Egan then clarified that the Council could move to continue indefinitely the applications for rezoning and preliminary plat, and deny the application for Public Improvement Project 666. Wachter moved, Awada seconded, a motion to continue indefinitely the application for a rezoning of approximately 14.8 agricultural acres to R-1 (Single Family) located along the ease side of Dodd Road, west of Highway 3, in Section 36. Aye: 5 Nay. 0 PRELIMINARY PLAT/WATERVIEW ADDITION Mayor Egan introduced this item as a preliminary plat for Waterview Addition/Arson Development Incorporated, consisting of 20 lots located along the east side of Dodd Road, west of Highway 3 in Section 36. This item was introduced with item C of Public Hearings and the rezoning request for Arcon Development to allow for greater flexibility in discussing these closely related items. Masin moved, Awada seconded, a motion to continue indefinitely a preliminary plat consisting of 20 lots located along the east side of Dodd Road west of Highway 3 in Section 36, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993, shall be complied with: Al, B1, B2, B3, B4, C1, C2, C3, D1, El, F1, G1 and H1 2. All Shoreland Zoning regulations shall be met. 3. Individual lot tree preservation plans shall be prepared on Lots 4-11 and Lot 20, Block 1, at the time of building permit application. 4. Lakeside Animal Hospital shall cease operations prior to initial construction. 004 I 7 PAGE 12/ EAGAN CITY COUNCIL MINUTES December 21, 1993 5. Permits shall be obtained for the abandonment of the operational well in accordance with Dakota County and State of Minnesota regulations. 6. Permits shall be obtained for the abandonment of the septic system in accordance with City of Eagan and State of Minnesota regulations. 7. The developer is responsible for complying with the Tree Preservation Plan as submitted which states that no mitigation will be required if 17% of the existing tree mass, or less, will be removed form the site. 8. The grading shall preserve a 30' buffer zone of undisturbed vegetation along the south edge of Pond JP-26. 9. The proposed lots abutting Highway #3 shall dedicate a 30' wide drainage and utility easement on the final plat to allow for the extension of sanitary sewer and water main along Highway #3. 10. A water quality treatment pond (Pond LP-26.3) of at least 0.23 acres in surface area at the NWL, 0.7 acre-feet in wet pond volume, a minimum average depth of 3 feet, and a maximum discharge rate of 1 cfs shall be constructed to treat all runoff draining to Waterview Court. 11. The development will be required to stub 8" sanitary sewer and 8" water main to the south edge of the plat in the right-of-way of the proposed stub street. 12. The installation of sanitary sewer and watermain to serve this development must be authorized by the City Council prior to final plat approval. 13. The final plat shall dedicate a ponding and utility easement for Pond LP-26 and Pond LP-26.3 to an elevation 3' above the calculated HWL's of the ponds. 14. The vacation of the existing right-of-way for Carol Street is required prior to final plat approval. 15. The development shall financially guarantee the costs for the installation of all public utilities and streets necessary to service or accommodate the proposed development located beyond the boundaries of said development. 16. In order to final plat Lot 4 of Block 2, a temporary cul-de-sac with a 45 foot radius shall be constructed at the south end of the stub street. 17. No construction equipment shall take access from Dodd Road. All Access shall be taken from Highway 3. Aye: 5 Nay: 0 WATERVIEW ADDITION/TRUNK SANITARY SEWER & WATERMAIN Mayor Egan introduced this item Project 666, Waterview Addition - Trunk Sanitary Sewer and Watermain Extension. At the adoption of the agenda, it was determined to continue this item following discussion of Items H and I under New Business. Masin moved, Awada seconded, the cancellation of Project 666. Aye: 5 Nay: 0 a0 443 PAGE 13/ EAGAN CITY COUNCIL MINUTES December 21, 1993 ..F :P!'TE COUNTY BONDING AUTHORITY Mayor Egan introduced this item as a resolution in support of Dakota County's request for state bonding authority, juvenile detention and treatment facility. City Administrator Hedges provided background information on the request, specified the need for such a facility, and clarified that the resolution was requesting no funding from the City of Eagan. Councilmember Wachter stated he was in favor of supporting the resolution, but held concerns regarding what financing the state would be putting forth and how maintenance expenses would impact the City of Eagan as well as Dakota County. City Administrator Hedges stated he would send a letter for the City Council raising those questions. Hunter moved, Masin seconded, a motion to approve a resolution supporting state bonding authority for Dakota County for a juvenile detention and treatment facility as presented. Aye: 5 Nay: 0 R-93.102 RESOLUTION OPPOSING THE FULL-UNFEATHERING OF TRANSIT TAX Mayor Egan introduced this resolution opposing the full-unfeathering of the transit tax. City Administrator Hedges reiterated Mayor's Egan's points that the route was established as a temporary 18-month demonstration project, and that due to the full unfeathering tax there would be a significant percentage tax increase on the metropolitan portion of the property tax. He further explained that this percentage would increase property taxes $6.00 to $9.00 for 1994 per property. City Administrator Hedges explained that the proposed resolution parallels and supports the resolution that was passed in September of 1992, but has been modified only to reflect the above mentioned two points. Hunter moved, Masin seconded a motion to approve Resolution opposing the full unfeathering of the transit tax for the City of Eagan. Aye: 5 Nay: 0 R-93.103 AM fS'f'ftA- AGEND. > GRANT APPLICATION/DEPARTMENT OF JUSTICE Mayor Egan introduced this item as grant application request, Department of Justice. City Administrator Hedges provided background information and expectations with the grant application. Councilmember Wachter questioned whether the expenses of additional squad cars and benefits had been computed. City Administrator Hedges responded although he did not have a computation for squad cars, all other benefits had been figured in the grant. Wachter moved, Hunter seconded, a motion to acknowledge the grant application with the Department of Justice for a police hiring supplemental program that would employe four additional police officers. Aye: 5 Nay: 0 004443 PAGE 14/ EAGAN CITY COUNCIL MINUTES December 21, 1993 PROJECT 658/CEDARVALE STREETLIGHTS Mayor Egan introduced this item as Project 658, receive final assessment roll/order public hearing (Cedarvale area - streetlights). Hunter moved, Wachter seconded, a motion to receive the final assessment roll for Project 658 (Cedarvale area - streetlights) and schedule a public hearing to be held on January 18, 1994. Aye: 5 Nay: 0 SPECIAL CITY COUNCIL MEETING Awada moved, Hunter seconded, a motion to approve a special City Council meeting scheduled for January 11, 1994 to conduct advisory commission interviews. CHECKLIST Wachter moved, Egan seconded, a motion to approve the checklist dated December 17, 1993, in the amount of $1,761,279.44. Aye: 5 Nay: 0 ADJOURNMENT The regular meeting of the Eagan City Council was adjourned at approximately 11:00 p.m. JP CITY OF EAGANaAk re City Clerk If you need these minutes in an alternative form such as large print, braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan MN 55122, (612) 681-4600 (TDD phone: (612) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to Its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid.