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07/06/1993 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota July 6, 1993 A regular meeting of the Eagan City Council was held on Tuesday, July 6, 1993, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin, and Hunter. Also present were City Administrator Hedges, Acting Community Development Director Jon Hohenstein, Director of Public Works Tom Colbert, and City Attorney James Sheldon. City Administrator Hedges indicated that Consent Agenda Items N, Contract 93-06, Approve Plans/Authorize Advertisement for Bids (T.H. 149 & Northwest Parkway - Signalization & Intersection Improvements) and W, Final Plat, River Bluff Townhomes, would be recommended for continuance. Hunter moved, Awada seconded, a motion to approve the agenda for the July 6, 1993, regular City Council meeting as amended. Aye: 5 Nay: 0 Wachter moved, Hunter seconded, a motion to approve the minutes of the June 15, 1993, regular City Council meeting as presented. Aye: 5 Nay: 0 Awada moved, Wachter seconded, a motion to approve the minutes of the June 15, 1993, special City Council meeting as presented. Aye: 5 Nay: 0 Councilmember Hunter recommended the following change to the minutes of the June 22, 1993, special City Council meeting: Page 4, Paragraph 3, at the end of Sentence 1, add the following language: "concerning capital allocations and matching revenue sources within the 45 identified programs." Councilmember Awada recommended the following change to the same minutes: Page 4, Paragraph 3, Sentence 9, sentence should read: "Councilmember Awada assured that it was not her intention to use this data as a mechanism to cut the budget." Awada moved, Hunter seconded, a motion to approve the minutes of the June 22, 1993, special City Council meeting as amended. Aye: 5 Nay: 0 EPART. `1 ; $ l'S !.ASS,' Mayor Egan introduced this item as providing direction for a tobacco license suspension. City Administrator Hedges recounted the background on this item and the options available to the City Council with respect to the violation of the licensing ordinance. Councilmember Hunter stated that he did not consider a 30 day, cigarette license suspension to be excessive and noted that the license holder had been warned. Mayor Egan added that the issue had been studied at length and agreed the ordinance should be strictly enforced. Page 2/EAGAN CITY COUNCIL MINUTES July 6, 1993 Hunter moved, Wachter seconded, a motion to direct staff to pursue enforcement of Section 6.34 of the City Code as written and appoint Kandis Hanson as hearing officer. Aye: 5 Nay: 0 A. Personnel Items Item 1. Seasonal Recreation Leader--It was recommended that the hiring of Mark Wahlstrom as a seasonal recreation leader be ratified. Item 2. Seasonal Forestry Tech--It was recommended that the hiring of Grant Engelmann as a seasonal forestry tech be ratified. Item 3. Seasonal Streets Maintenance Worker--It was recommended that the hiring of Ben Anderson as a seasonal streets maintenance worker be ratified. Item 4. Seasonal Utility Maintenance Worker--It was recommended that the hiring of Gene Lahr as a seasonal utility maintenance worker be ratified. Item 5. Seasonal Softball Camp Coaches--It was recommended that the hiring of Sandra Hillyer and Kathleen Fletcher as seasonal softball camp coaches be ratified. Item 6. Temporary Landscape/Park Planning Aide--It was recommended that the hiring of Monica Mogren as a temporary landscape/park planning aide be ratified. Item 7. Hearing Conservation Screening Agreement--It was recommended that the hearing conservation program agreement between the City of Eagan and the City of Bloomington Community Health Services be approved for 1993. Item 8. Resignation/Police Officer--It was recommended that the letter of resignation from Officer David Stubstad be accepted and the filling of this position authorized. Item 9. Resignation/Park Department Clerical Tech III--It was recommended that the letter of resignation from Deanna Jorgenson be accepted and the filling of this position authorized. B. License. Plumbers It was recommended that plumbers licenses for: 1) Haussner Plumbing, 2) Randy L. Monson, 3) RTP Plumbing, 4) SPS Plumbing, and 5) Team Mechanical, Inc., be approved. C. Pension. Fire Relief Association It was recommended that the lump sum service pension, per year of service, be reestablished at $3,375 per the previous agreement between the City and the Eagan Volunteer Fire Relief Association. D. Reclassification. Tax Forfeit Property It was recommended that parcels 10-03900-010-03, 10-03900-010-07, 10-01100-011-75, and 10-01200-011- 50 be declared non-conservation land. Page 3/EAGAN CITY COUNCIL MINUTES July 6, 1993 E. Extension. ISD 196's Use of Council Chambers. July. August. and September It was recommended that the use of the Council Chambers by Independent School District #196's School Board be approved for the months of July, August, and September 1993. F. Permits. Service Station It was recommended that the annual service station permits be renewed as presented. G. Permit. Trailer It was recommended that the annual trailer permit for Tripp Oil, located at 3085 Sibley Memorial Highway, be renewed as presented. H. Licenses. Amusement Device It was recommended that the annual amusement devise licenses be renewed as presented. 1. License. Massage Therapist. Trevor Richards to Practice with Clark Chiropractic It was recommended that a massage therapist license for Trevor Richards to practice with Clark Chiropractic be approved. J. License. Non-Intoxicating Malt Liquor. Eagan Steak House. 1448 Yankee Doodle Road It was recommended that a non-intoxicating malt liquor license for the Eagan Steak House be approved. K Amend Grant Agreement from Department of Trade & Economic Development to Department of Natural Resources It was recommended that the Mayor and City Clerk be authorized to execute grant amendment agreements for Blackhawk Lake Park, acknowledging the change in authorities from the Department of Trade & Economic Development to the Department of Natural Resources. L. Approve Contract. Golf Driving Range. Outlot D. Kensington Addition. Lexington/Diffley Athletic Sig It was recommended that the contract agreement for the use of Lexington/Diffley Park for an interim golf driving range be approved subject to the completion and approval of the exhibits which would display the park and area to be used. M. Approve Settlement Agreement. J.P.K. Park Assessment Appeal It was recommended that the settlement of the assessment appeal from J.P.K. Park be continued indefinitely. N. Contract 93-06. Approve Plans/Authorize Advertisement for Bids (T.H. 149 & Northwest Parkway - Signalization & Intersection Improvements) It was recommended that the plans for Contract 93-06 be approved and the advertisement for bids authorized with a bid opening to be held at 10:30 a.m., Tuesday, August 10, 1993. Page 4/EAGAN CITY COUNCIL MINUTES July 6, 1993 0. Resolution Appointing Representative to Black Dog Watershed Management Organization It was recommended that a resolution appointing Apple Valley's representative to the Black Dog Watershed Management Organization be approved and the Mayor and City Clerk authorized to execute said resolution. R-93.46 P. Authorization to Acquire Right-of-Way for Atlantic Hills Drive Cul-de-sac It was recommended the acquisition of public right-of-way from Lot 1, Block 1, St. Thomas Becket Addition, be approved and the Mayor and City Clerk authorized to execute all related documents. 0. Contract 21-04. Final Payment /Acceptance (Oaks of Bridgewater 2nd Addition - Streets & Utilities) It was recommended that the 10th and final payment for Contract 91-04 (Oaks of Bridgewater 2nd Addition - Streets & Utilities) be approved in the amount of $3,000 and the acceptance of these improvements authorized for perpetual City maintenance subject to all contractual warranty provisions. R. Contract 91-12. Final Payment/Acceptance (Manor Lake 4th Addition - Streets & Utilities) It was recommended that the 7th and final payment for Contract 91-12 (Manor Lake 4th Addition - Streets & Utilities) be approved in the amount of $18,020.11 and the acceptance of these improvements authorized for perpetual City maintenance subject to all contractual warranty provisions. S. Final Plat. Braun Sunrise 2nd Addition It was recommended that the final plat for the Braun Sunrise 2nd Addition be approved. R-93.47 T. Final Plat. Weston Hills 2nd Addition It was recommended that the final plat for the Weston Hills 2nd Addition be approved. R-93.48 U. Final Plat. Wexford 2nd Addition It was recommended that the final plat for the Wexford 2nd Addition be approved. R-93.49 V. Final Plat. Wenzel 2nd Addition It was recommended that the final plat for the Wenzel 2nd Addition be approved. R-93.50 W. Final Plat. River Bluff Townhomes It was recommended that the final plat for the River Bluff Townhomes Addition be continued indefinitely. X. Approve Supplemental Agreement to County Contract 30-06 (Diffley Road Reconstruction Lexington Meadows Grading and Utilities) It was recommended that a supplemental agreement to County Contract 30-06 (Diffley Road Reconstruction) be approved for the Lexington Meadows grading and utilities and City staff authorized to execute all related documents. Page 5/EAGAN CITY COUNCIL MINUTES July 6, 1993 Y. Contract 93-08. Woodlands North 3rd Addition (Streets & Utilities) Easement & Right-of-Way Acquisition It was recommended that staff be authorized to proceed with the acquisition process for the right-of-way and easements necessary to serve the Woodlands North 3rd Addition. Hunter moved, Awada seconded, a motion to approve the Consent Agenda with the exception of items M and W which were continued indefinitely. Aye: 5 Nay: 0 QA_XD_1_QA FOR MET COUNCIL a vacancy on the Metropolitan Council. After discussing possible candidates, it was the City Council's decision to take a neutral stance and not support a particular candidate for that office. VACATION/ENGLERT ROAD CUL-DE-SAC Mayor Egan introduced this item as vacate a portion of public right-of-way, Englert Road cul de sac. Director of Public Works Colbert reported that staff has learned that the Pond View development would be resubmitting a revised development plan, requiring another hearing before the Advisory Planning Commission. Because it may have an impact on the amount of City right-of-way necessary to accommodate the revised development, Mr. Colbert said it was staffs recommendation not to approve the petitioned vacation. After brief discussion, Wachter moved, Awada seconded, a motion to close the public hearing and deny the vacation of a portion of public right-of-way for Englert Road as described. Aye: 5 Nay: 0 BUILDING MOVE/ACCESSORY BUILDING/RICHARD'S RESTAURANT Mayor Egan introduced this item as an owner's permit for a building move, Svend Jensen/Joyce Slattery (Richard's Restaurant), of 26' x 44' accessory building from 3520 Trails End Road to 4185 South Robert Trail. City Administrator Hedges explained that the application for moving a storage/garage building within the City requires a public hearing. Acting Director of Community Development Hohenstein provided a brief background and added that the applicant had agreed to match the siding of the existing building (Richard's) on the property. Svend Jensen and a representative of Richard's were present to answer any questions. Awada moved, Masin seconded, a motion to approve an owner's permit for a building move for Svend Jensen/Joyce Slattery of a storage garage from 3520 Trails End Road to 4185 South Robert Trail subject to the following conditions: 1. The trash enclosure must be relocated at least five feet from the buildings (per the Fire Code). 2. Those portions of the storage building walls facing the restaurant must be upgraded to a one-hour firewall (per the Building Code). 3. Comply with all applicable City Ordinances. Aye: 5 Nay: 0 Page 6/EAGAN CITY COUNCIL MINUTES July 6, 1993 CONVENTION & VISITORS BUREAU Mayor Egan introduced this item as an amendment to Eagan City Code 2.80, establishment of a local lodging tax and agreement between the City of Eagan and Northern Dakota County Chamber of Commerce, creating the Eagan Convention and Visitors Bureau. City Administrator Hedges stated that for the past 2-3 years the City has received requests from the Chamber of Commerce on behalf of the hotel industry to create a visitors and convention bureau. He stated that at the direction of the City Council, the Economic Development Commission had considered the issue and had forwarded a recommendation to the City Council to direct staff to work with the Chamber and legal counsel in developing the appropriate documentation for the lodging tax and bureau. He noted that it was quite a collaborative effort and referenced the documents before the Council. After a brief explanation of the documents, City Administrator Hedges introduced President Eldon Johnson and Tom Pederson of the Economic Development Commission and Executive Director Dan Aberg and Chairman of the Board Craig Jilk from the Northern Dakota County Chambers of Commerce. Mr. Aberg indicated he would answer any questions and then noted two members of the hotel industry who were in the audience. Craig Jilk, who is also with West Publishing, noted that West is already paying other cities for facilities needed and expressed his support for an Eagan program. Eldon Johnson confirmed the Economic Development Commission's unanimous support of the recommendation and noted the EDC's suggestions that Eagan be the prominent name in regard to the Bureau and that a member of the EDC be appointed to the governing Board. In answer to a question from the Mayor, Mr. Johnson indicated that the EDC's initial concerns regarding the impact on small businesses, the position of the City's hotels, having Eagan as a prominent part of the name, and questions regarding quarterly reporting and being kept informed, had been answered. Mr. Aberg assured the City Council that they had no problem making Eagan a prominent part of the name. In answer to a question from Councilmember Awada, Mr. Aberg indicated that Mendota Heights had not yet reached the same point as Eagan in the process but if Mendota Heights wished, their name could also be added. He stated that if it became an issue, it could be brought back to the City Council for discussion. He noted that the agreement provided for up to 11 members on the advisory board and stated that not all Board positions would be filled right away in order to provide for Mendota Heights should they join in the future. Mr. Aberg stated that the Bureau was willing to provide anything the City wished in regard to monitoring the use of funds. He said that if the City Council preferred a monthly rather than an annual report for perhaps the first year, they would be happy to provide it. Mayor Egan asked what market strategies they planned to undertake, and Mr. Aberg noted the Bureau's focus would be on Canada and Iowa, two major markets. Council member Masin questioned the joint purchasing policy spelled out in the Procedure Manual of the CVB. She asked why any equipment became the property of the Northern Dakota County Chambers of Commerce if the CVB dissolved? She then asked which would be the binding document? City Attorney Sheldon stated that the City has its authority through the ordinance and that it was up to the Bureau, established by ordinance, to establish policy and procedure. The Councilmember then took issue with only two members of the Board of Directors being appointed by the Eagan City Council. Mr. Aberg said the original intent was to see people with a stake in the hospitality business on the Board but as long as an allowance is made for Mendota Heights membership, they would be happy to stipulate that all members work or live in the City and could even provide a list of candidates for ratification by the City Council if they so desired. He cautioned that the Page 7/EAGAN CITY COUNCIL MINUTES July 6, 1993 agreement is only a draft. Councilmember Masin then voiced her concerns that the Northern Dakota County Chambers of Commerce would have jurisdiction rather than the Eagan Chamber of Commerce. Councilmember Wachter agreed. Mayor Egan noted that the current Eagan Chamber of Commerce operates under the "umbrella" of the Northern Dakota County Chambers of Commerce for economic reasons and at some time in the future, the City will have a completely independent chamber of commerce. He said Mr. Aberg's willingness to stipulate that the membership either work or live in Eagan or Mendota Heights reasonably provides the accountability that the City needs. Councilmember Wachter stated he would prefer that Mendota Heights not be included until they join the Bureau. Mr. Aberg said it would be no problem as long as they have some flexibility to start with nine members of the advisory board and possibly add two from Mendota Heights in the future. Councilmember Masin returned to her objection that equipment revert to the NDC in the event of dissolution and repeated her preference that it remain in Eagan. City Attorney Sheldon, with Mr. Aberg's concurrence, indicated that language could be worked out to that effect. Mr. Sheldon stated that the current language deals only with the City and the Chamber and all of the funds will be required to be used on the Eagan Convention and Visitors Bureau. If and when Mendota Heights becomes a party, it would call for an amendment to the agreement and at that time many of these issues could be dealt with using concrete fact rather than supposition. He said the City Council's direction is clear as to how the Bureau should be structured in its operation and for right now, all the money would go to the Eagan Convention and Visitors Bureau and used for Eagan. He added that State law mandates that all of the funds be used for the Eagan CVB. Both Councilmember Awada and Mayor Egan offered several positive comments regarding this public- private partnership. Awada moved, Wachter seconded, a motion to approve an amendment to Eagan City Code 2.80 calling for the establishment of a local lodging tax. Aye: 5 Nay: 0 Prior to consideration of the agreement, City Attorney Sheldon noted the change to Item 1 of the agreement, Convention and Tourism Bureau Created. 3rd sentence should read, "The Board of Directors shall include two members appointed by the Eagan City Council; the remaining members, all of whom shall live or work in the City of Eagan, shall be appointed by the Chamber." Councilmember Masin raised a number of concerns about the process and what she perceived to be the lack of public input. Mayor Egan stated that there had been a number of meetings in which this issue had been discussed and noted that the stakeholders in the Convention and Visitors Bureau had attended a City Council meeting to show their interest and request the local lodging tax. Councilmember Awada stated that other than levying the tax, the City should have little to do with the operation of the Bureau. Councilmember Masin expressed reservations about the Bureau representing the City without the City Council having anything to say about that representation. The motion was called. Awada moved, Hunter seconded, a motion to approve an agreement between the City of Eagan and the Northern Dakota County Chamber of Commerce creating the Eagan Convention & Visitor's Bureau, noting the change to Item 1 of the agreement whereby the City Council will appoint two members of the Board of Directors and the remaining members will either work or reside in the City of Eagan. Aye: 3 No: 0 Abstain: 2 (Wachter, Masin) Page 8/EAGAN CITY COUNCIL MINUTES July 6, 1993 MODEL HOME PERMIT/DIFFLEY COMMONS 2ND ADDITION Mayor Egan introduced this item as a request for model home building permits, Rottlund Homes, Diffley Commons 2nd Addition. Acting Director of Community Development Hohenstein explained the request and noted that final plat approval for the Diffley Commons 2nd Addition had not been received. Donald Jensen, representing Rottlund Homes, explained that final plat had been applied for but because it is such a long process, they would like to be able to start the model home now so that they have the "finished product" available for marketing purposes during the winter months. Mr. Jensen said the units are different from those previously developed and it is important for potential buyers to be able to see the models. He said Rottlund would continue with the final platting process and comply with all requirements. Acting Director of Community Development Hohenstein noted that in the past, the final plat has always given the City the necessary reassurance that the project would go forward. He also mentioned concerns about precedent. Councilmember Hunter, while acknowledging that Rottlund is a quality home builder, stated he did not wish to open the door for other requests by granting this one. Mr. Jensen stated that Rottlund's request is a fair one and should be considered because, perhaps unlike other requests, they are already in the final platting process. He asked whether this might be an appropriate time to institute a separate process for model homes. Councilmember Hunter indicated he was comfortable with the current process. City Administrator Hedges recalled there were a number of requests for model homes prior to final plat during the 1980's but it became apparent that once the model home was approved, the push to complete the plat was not as great. Councilmember Wachter stated that the City's experience with model homes had not been good and he was, therefore, not in favor. Wachter moved, Hunter seconded, a motion to deny a request for a model home building permit for Rottlund Homes for Diffley Commons 2nd Addition noting that the final plat was close to completion and would likely be on the July 20, 1993, agenda. Aye: 5 Nay: 0 PRELIMINARY PLAT/WUTHERING HEIGHTS ADDITION Mayor Egan introduced this item as a preliminary plat for Wuthering Heights Addition/Mylo Mitzel, consisting of three lots on approximately one previously zoned R-1 (Single Family) acre located along the west side of Wuthering Heights Road, north of Silver Bell Road, in the SE 1/4 of Section 18. City Administrator Hedges stated that if approved, the plat should be subject to the recommendations of the Advisory Parks, Recreation and Natural Resources Commission. Acting Director of Community Development Hohenstein explained the application and its location. He stated that the APC had recommended denial. Wally Hofsted, representing Mylo Mitzel, asked favorable consideration for Mr. Mitzel's application stating that all three lots would meet size requirements. Mr. Hofsted pointed out that the owner would also be building his own home on one of the lots. Because of the type of homes intended, Mr. Hofsted stated that home values in the area would be increased. Mike Hazel, 2129 Silver Bell Road, indicated his concern was the size of the lots and noted that if the road is improved in the future, the lots would be noticeably smaller. He also suggested that direction is needed (r1 0 Page 9/EAGAN CITY COUNCIL MINUTES July 6, 1993 regarding the future use of the properties in the Wuthering Heights area as to whether it will be residential or Light Industrial. Al Ahrens, 2133 Silver Bell Road, suggested a problem with the designation of, "future Light Industrial." Because of that label, Mr. Ahrens said a number of people have been unable to obtain loans on their property. Mr. Ahrens also alluded to a problem with double utility easements on some of the properties because one or the other were not vacated. He said there was no way anyone could build a house on Lot 1 of the proposed subdivision because of these easements. In closing, Mr. Ahrens indicated he could agree to two lots but not three. Philip Johnson, 2113 Wuthering Heights Road, expressed his concerns about the lot size also. He said he could not see how they would increase the value of his home. Mayor Egan stated that if the Council protected the value of homes in the neighborhood but denied the applicant the right to develop his property on the basis of the Comprehensive Guide Plan, there would be a conflict. He asked City Attorney Sheldon whether the reasons cited by the Advisory Planning Commission were adequate rationale for denial. City Attorney Sheldon advised that when there is a conflict between the existing zoning and the Comprehensive Guide Plan, the existing zoning would take precedence. He suggested it may have been appropriate to require or ask for a change in the Comprehensive Guide Plan; however, that was a separate issue. The second reason noted by the APC, he said, dealt with the plat itself and basic health, safety, welfare, property value issues. Councilmember Masin asked if dividing the property into three lots were denied, whether the applicant would have to go back through the process to divide the property into two lots. City Attorney Sheldon stated that while changing one lot out of 100 would not be significant, changing one lot out of three would constitute a substantial deviation. Therefore, if two lots are what the Council directed or if that was what the applicant wanted, it would have to go back to the APC for a public hearing. Director of Public Works Colbert then pointed out that with the requirement to dedicate additional right-of-way to meet City standards, two of the lots would not meet the minimum 12,000 square foot requirement. Mr. Hofsted stated that if the right-of-way was not included in the plat and if they do not meet minimum standards, they would be willing to change the plat to two lots. The Wuthering Heights homeowners present indicated they would not be opposed to Mr. Mitzel dividing the property into two lots. City Attorney Sheldon advised that if the applicant changed the plat to two rather than three lots, a new public hearing would be required but not a new application. For the record, Mr. Hoisted added that the average home value in the neighborhood is $87,000. The homes planned for the lots will not be under $100,000 and, therefore, will not harm neighboring property values. In closing, Councilmember Awada suggested that if the neighbors wish to rezone, they may want to look at estate zoning. A number of cautions were expressed, however, including their ability to subdivide their property once estate zoning is in place. Staff was also directed to look into the easement problem. Wachter moved, Masin seconded, a motion to return the preliminary plat for Wuthering Heights Addition/Mylo Mittel, to the Advisory Planning Commission for their consideration of two lots on approximately one previously zoned R-1 (Single Family) acre,located along the west side of Wuthering Heights Road, north of Silver Bell Road, in the SE 1/4 of Section 18. Aye: 5 Nay PLANNED DEVELOPMENT AMENDMENT PRELIMINARY PLAT/PARK CENTRE 4TH ADDITION Mayor Egan introduced this item as a Planned Development Amendment changing the land use on Outlot B, Park Center 4th Addition from a bank to a video store and a preliminary plat consisting of two lots 0C. 211 Page 10/EAGAN CITY COUNCIL MINUTES July 6, 1993 on approximately 1.8 acres located along the north side of Cliff Road, east of Park Center Drive in the SE 1/4 of Section 30. City Administrator Hedges stated the Advisory Planning Commission had recommended approval subject to the Advisory Parks, Recreation and Natural Resources recommendations. Acting Director of Community Development Hohenstein explained the application and its location. Peter Hilger, representing Portfolio Design Services, indicated that the applicant would prefer to use a stucco exterior, however, would not object to a brick exterior if they could use two tones. In addition, he stated that all other conditions were acceptable. Mr. Hilger then explained that while minor, the variance they were seeking was necessitated by the extreme curvature of the road. He illustrated that a more rounded curve would provide for safer traffic flow. After brief discussion, Hunter moved, Masin seconded, a motion to approve a planned development amendment changing the land use on Outlot B, Park Center 4th Addition, from a bank to a video store noting that the amendment to the planned development agreement will be redrafted and returned to the City Council under consent at the July 20, 1993, regular City Council meeting subject to the following conditions: (It should be noted that Condition #7 was changed to include a provision that the dominate brick color match the Taco Belle). 1. An amended Planned Development Agreement shall be entered into prior to final plat. 2. All pylon signs shall be constructed with the same style - two 20" X 20" brick columns. 3. Each lot shall be reviewed in detail by the APC and City Council before building permits are issued. 4. No rooftop mechanical equipment shall be visible from the public streets. 5. All trash shall be contained within the buildings or in enclosures attached to the building and constructed of the same materials. 6. Berming shall be provided along the public streets. 7. The buildings shall be constructed of brown tone colored brick, limited to no more than two tones of brown and the dominate brick color shall match the Taco Belle. 8. Cross parking ingress/egress easements shall be required between Lots 1 and 2 and shall be reviewed by the City Attorney. Aye: 5 Nay: 0 Hunter moved, Awada seconded, a motion to approve a preliminary plat consisting of two lots on approximately 1.8 acres located along the north side of Cliff Road, east of Park Center Drive and 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, B3, C1, C2, C4, El, F1, and Hi 2. All signage shall meet Planned Development and Sign code requirements and be subject to the one- time sign fee of 52.50/sq.ft. 1 Z3. Page 11/EAGAN CITY COUNCIL MINUTES 0( July 6, 1993 3. All rooftop mechanical equipment shall be screened from ground level. 4. Underground irrigation is required for all landscaped and green areas. 5. The final utility plan shall include a manhole at the connection to the existing 6" sewer service stubs. 6. The final grading and utility plan shall include a catch basin and storm sewer line to drain the parking lot to the existing storm sewer system rather than a curb flume. 7. The final plat shall dedicate the south 15 feet as right-of-way as required by the County. 8. Restricted access shall be dedicated along the south property line that abuts Cliff Road as required by the County. In answer to a question from Councilmember Hunter, Acting Director of Community Development Hohenstein stated that because the site plan reflects the variance and since the preliminary plat has been approved, a separate action to approve the variance is not required. Aye: 5 Nay: 0 PRELIMINARY PLAT/PRETTYMAN HEIGHTS 2ND ADDITION Mayor Egan introduced this item as a preliminary plat for Prettyman Heights 2nd Addition/Skyline Heights Partnership, consisting of two lots on approximately .70 previously zoned R-1 (Single Family) acres located along the south and east side of Skyline Drive in the SE 1/4 of Section 4. Acting Director of Community Development Hohenstein described the application and its location. Marilyn Woolley, 1505 Lone Oak Road, asked for reassurance that no house would be built between the existing home on the property and her property in Zehnder Acres. Mr. Hohenstein stated that under the current proposal, any house on the property would be built to the west of the existing home. Jack Jurewicz, a partner in the Skyline Heights Partnership, indicated that the parcel layout was being changed to allow for a more saleable lot. It was noted that the original lot configuration would not allow for subdivision because it would leave Lot 2 with less square footage than minimum standards. In answer to a question from Mr. Jurewicz, it was explained that with the change in lot lines, existing easements would have to be vacated and new easements dedicated. Awada moved, Wachter seconded, a motion to approve a preliminary plat for Prettyman Heights 2nd Addition/Skyline Heights Partnership, consisting of two lots on approximately .70 previously zoned R-1 (Single Family) acres located south and east of Skyline Drive as presented and 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, C1, C2, El, F1, G1, and H1 2. The existing sanitary sewer and water service that will not be utilized shall be abandoned at the main by capping the sanitary sewer service and turning the water service off. 3. The easements along the existing property line between Lots 1 and 2, Block 2, Prettyman Heights, shall be vacated prior to final plat approval. Aye: 5 Nay: 0 Page 12/EAGAN CITY COUNCIL MINUTES July 6, 1993 LOW INCOME HOUSING TAX CREDITS/WESCOTT VILLAGE EAST TOWNHOMES Mayor Egan introduced this item as consideration of low income housing tax credits for Wescott Village East townhomes, Wescott Hills 3rd Addition/Wescott Village East Partners, located north of Trails End Road, east of Ivy Lane. Acting Director of Community Development Hohenstein stated that governing body for this process is the Dakota County Housing and Redevelopment Authority (HRA), however, the City had been encouraged to make a recommendation. He noted that the HRA is not likely to approve the application. Mayor Egan said it was his understanding that the City's recommendation would have little force and effect on this decision. Acting Director of Community Development Hohenstein answered that it would carry the same weight as other entities being asked to comment. Councilmembers Awada, Wachter, and Hunter indicated they were not in favor of the application and Mayor Egan noted it was contrary to the scattered site housing concept. Hunter moved, Awada seconded, a motion to deny a recommendation to the Dakota County HRA for low income housing tax credits for the Wescott Village East Townhomes, Wescott Hills 3rd Addition/Wescott Village East Partners, located north of Trails End Road, east of Ivy Lane. Aye: 5 Nay: 0 TREE PRESERVATION POLICY Mayor Egan introduced this item as the tree preservation/replacement schedule for the City of Eagan. City Administrator Hedges advised that tree preservation/replacement policies had been researched, put together as guidelines, and then reviewed by the Developers Task Force, Advisory Planning Commission, Advisory Parks, Recreation and Natural Resources Commission, and by the City Council at a workshop meeting. Acting Director of Community Development Hohenstein provided background and explained some of the provisions and performance guarantees of this program. Dale Huber, representing Northwestern Mutual Life Insurance, said his company wished to oppose the proposal and suggested the City Council give staff more authority to negotiate improved landscaping in new developments. He stated that this program seemed more like a "tax" and as such, treed sites were being treated differently than treeless sites. Mark Anderson of Opus Corporation said he had reviewed the proposal as a member of the Developers Task Force. He did not attend the APC meeting because he was not notified the issue would be on their agenda. Mr. Anderson said that Opus has been a developer in Eagan for a long time and they had worked very hard to preserve trees in all their developments. He pointed to the Sperry/CSD Building and noted that they had used retaining walls and tiered parking areas in an effort to preserve as many trees as possible. However, using the original criteria for preservation/replacement would have accounted for an additional $65,000 in development costs and the revised policy would have meant an additional $100,000. Mr. Anderson noted that the new wording in the revised policy is "scary." He said a number of issues had not been addressed by the policy and cautioned that it affects all platted property. He said Opus is looking at the next phase in their development; however, the lot is wooded. Because of this, the new policies would penalize them unfairly. Mr. Anderson then questioned the policy of placing trees on park property if all cannot be planted on the developer's property. He said it sounded more like a reforestation rather than a preservation plan. In closing, Mr. Anderson related that Opus has to compete and pointed out that most of their development in the last three years has been in other cities. He said now that they have decided they could be competitive in Eagan and have decided to move their land no matter what, they are hit with an additional tax. He said Opus had not created the problem and suggested further study before implementation. U'. o:' Page 13/EAGAN CITY COUNCIL MINUTES July 6, 1993 Mayor Egan indicated that these policies were being considered as a guidelines and as such would not be strictly construed in every case. Mayor Egan asked Acting Director of Community Development Hohenstein to respond to some of the issues raised by Mr. Anderson. Mr. Hohenstein made the following points: 1) In regard to concerns about the 25%, where specific hardships result from strict compliance, the City may permit removal in excess of 25% provided those in excess are replaced. The same provision applies to significant woodlands. They are in specific response to Mr. Anderson's concerns. 2) The guidelines are not overly specific in types of replacement trees. 3) The guidelines are not specific as to which position within the City will enforce these policies but practically speaking usually refers to the City Forester. 4) Trees will be planted on City property only if for some reason all the replacement trees cannot be planted on the subject property. Mr. Hohenstein reiterated that these are guidelines. He expressed concerns that Mr. Anderson had stated that the revised guidelines would cost his company more rather than less than the original proposal, especially when every effort has been made to respond to development concerns. Councilmember Hunter agreed that the main point is these are guidelines and, while not perfect, are a starting point. He said many trees have been lost to development in the City and this is an attempt to preserve those that remain. Mr. Anderson said it is not a question of preserving trees but a question of who will pay to preserve those trees: those who have property with trees or everyone who will benefit from their preservation. Mayor Egan said the City wants to work cooperatively and flexibly with the development community and noted that these guidelines will force other developers to meet the same standards. Councilmember Awada made reference to a developer who intended to remove 150 of 160 significant trees on heavily wooded property to put in a townhouse development. She said the proposed guidelines were meant to deal with those instances. Wachter moved, Hunter seconded, a motion to approve the proposed tree preservation guidelines and tree replacement schedule as presented. Aye: 5 Nay: 0 MUNICIPAL CENTER EXPANSION/ARCHITECTURAL SERVICES RFP Mayor Egan introduced this item as review of the Scope of Work, architectural services for Public Safety/Municipal Center expansion and authorize distribution of the Request for Proposal. City Administrator Hedges explained that one of the steps in the expansion process had been the selection of a construction manager and now this RFP was for the selection of an architectural firm to do the design work. Hunter moved, Awada seconded, a motion to approve the scope of work for architectural services for the Public Safety/Municipal Center expansion and authorize distribution of the Request for Proposal. Aye: 5 Nay: 0 00215 Page 14/EAGAN CITY COUNCIL MINUTES July 6, 1993 CONSIDER REQUEST TO ABATE LEVIED ASSESSMENTS Mayor Egan introduced this item as consider a request to abate levied assessments for a portion of St. Thomas Becket Addition. Director of Public Works Colbert stated that representatives of the Church had made the request before but there was not sufficient time to address it prior to final plat so it had been agreed that the request would be made after that process. Mr. Colbert said that assessments are calculated over entire sites but because a 200' wide area across the northern portion of the property is taken up by a Northern States Power Company easement, the Church has requested an abatement of that portion of the property. He noted the City gives credit for public right-of- way and ponding easements; however, there is no specific precedent for the NSP easement. Mr. Colbert said it was originally anticipated that there would be a residential development with city streets running through this property. Had the trunk area assessments been levied prior to the Church platting the property, there would have been a 20% credit given for that future public right-of-way. The 20% credit would equal approximately 331 acres and the area of the 200' utility easement equals 3.41 acres. However, with the Church platting the property, there was no public right-of-way dedication, and the assessable area increased beyond what it would have been had it been levied prior to that development. Father Tom Commers and Ed Dunn representing St. Thomas Becket Church were present to answer any questions. Mayor Egan said he could see justification for abating the sanitary sewer trunk, the water trunk, the water availability charge since the land is not likely to develop unless circumstances change. The storm sewer trunk on that land, however, might still benefit because the property as a whole does drain into the overall trunk system. Councilmember Awada indicated her willingness to support this compromise. Councilmember Hunter agreed because had the assessment been levied prior to platting, this reduction would have been in place. He suggested the storm sewer trunk be abated also because it is unlikely this ground would drain anywhere beyond the property boundaries. Councilmember Awada said the storm sewer trunk should remain because many persons use the same argument yet eventually most properties contribute in some way to the storm sewer system. After brief discussion, Wachter moved, Awada seconded, a motion to acknowledge and approve the request to abate the sanitary sewer trunk, the water trunk and the water availability charge (WAC), but not the storm sewer trunk, levied over the NSP power line easement across the northern 200' of Lot 1, Block 1, St. Thomas Beck Addition. Aye: 5 Nay: 0 Additional discussion took place regarding any future development of this property, and the motioner and second agreed to a friendly amendment to the motion requiring a separate agreement between the City and the Church stipulating that if the land is developed for any other use in the future and if benefit is shown, the City will have the right to assess for the improvements in those areas. Mr. Dunn asked that since the City is protected if any future use is made of the land that subjects it to assessment, that the storm water trunk be included in that same provision. Councilmember Awada stated there did not appear to be a clear cut case for abating any of these charges. She said she looked upon Council's action as a compromise and noted that everybody pays their share for the trunk storm sewer system. Mayor Egan agreed there was a different rationale for the trunk storm sewer than the other three assessments. Aye: 5 Nay: 0 Page 15/EAGAN CITY COUNCIL MINUTES July 6, 1993 FACTORY FURNITURE SIGN City Administrator Hedges referred to an item in the Informative Memo regarding direction to staff in dealing with the Factory Furniture sign in the Cedarvale area. Mr. Hedges said the lessee has a month to month lease so does not wish to purchase a permanent sign. Staff has been attempting to enforce the sign ordinance, however, at this point believe they need additional direction. Councilmember Hunter indicated he was not unsympathetic but believed the City had to be fair in enforcing the ordinance. Councilmember Masin agreed saying it appeared the business owner was taking advantage of the situation by requesting what amounts to a discount. Mayor Egan said he would have been more sympathetic had the landlord made the request and agreed that the business owner was likely receiving a discount on his lease for the Cedarvale property and now wished a discount on the sign. It was noted that a sign attached to the building could be made at a low cost and could be removed and taken with the lessee if he should move out of the building. Staff was directed to enforce the ordinance as written. DARRELL ISEBRAND/DOG ATTACK Darrell Isebrand spoke to the City Council regarding stronger dog and cat control ordinances. Mr. Isebrand showed slides of injuries he received when a German Shepherd that was leashed, attacked him without provocation. Mr. Isebrand said the dog was a former police dog that is presently owned by a Minneapolis policeman who lives in Eagan. He said it was inappropriate that a former police dog should be permitted in the City and added that rottweilers, German shepherds, and pit bulls should be categorized as dangerous animals. Mr. Isebrand suggested that Animal Warden Gilbertson receive additional help because a city the size of Eagan should have sufficient staff to deal with problems such as this. He also expressed concerns about rabies in the City's cat and raccoon population. When asked what he would like the City to do, Mr. Isebrand said that besides more help for the animal warden, the dog population is out of control and he would like to see the cat ordinance passed. He said he was disappointed when it failed to go through when previously considered. He said he realized that there are limited funds; however, he would like to see more efforts made in animal control. Mayor Egan stated the City would consider his request but within the realm of priorities. IVA RYDER/FLOODING Iva Ryder, 530 Diffley Road, said she was in attendance on behalf of her mother and a neighbor, Carl Case. Ms. Ryder said their backyards are under water and asked what was going to be done to correct the situation. Construction of Diffley Road has led to this flooding and she stated she had talked to the project manager, the County, and City staff who have assured her the flooding will stop when the system is in place. Ms. Ryder is skeptical, especially when a 48" culvert near her property has been replaced with a 24" tile. In addition, Ms. Ryder said she took pictures of an employee of the contractor developing the property behind hers, bulldozing water and sludge into the flooded area thereby adding to the problem. She said this contractor is also doing grading without the installation of siltation fences, , Ms. Ryder acknowledged that some of the blame for the flooding and sludge problems can be attributed to the developer and the rest to the Diffley Road construction. OCZ17 Page 16/EAGAN CITY COUNCIL MINUTES July 6, 1993 Director of Public Works Colbert assured Ms. Ryder that the contractor will be responsible for the clean up and restoration of any property damage. In regard to sizing the storm sewer system, Mr. Colbert said that staff has been assured by the County that with the rerouting of storm water from the Hawthorne development, the system is adequate to service the area. Mr. Colbert added that staff will work with the developer doing the private improvements and the County regarding the Diffley Road project and hopefully see a solution. FLIGHT MONITOR Acting Director of Community Development Hohenstein provided a sample of the type of data collection that is now available regarding aircraft take offs and landings at the international airport. He said it will still be some time before the data is available for use in getting corridor compliance. ASSESSMENT APPEAL/WILMUS PROPERTY City Attorney Sheldon advised that the Wilmus property assessment appeal has been upheld. While it can be appealed to the Minnesota Supreme Court, whether or not they will hear the appeal is at the discretion of the Court. COMMUNICATIONS Councilmember Masin expressed concerns about communications between the advisory commissions and the City Council and recommended City Council liaisons to each commission to improve two-way communication. Councilmember Awada suggested the issue be discussed at an upcoming workshop with the July 20 workshop mentioned as a possibility. LIONS CLUB/4TH OF JULY CELEBRATION Councilmember Masin thanked the Lions Club for all their work on the Fourth of July Celebration and encouraged others to thank them for their time and effort. She suggested they receive additional help and support from the City especially since it is the City's only major event. I-35E RAMP/YANKEE DOODLE ROAD Councilmember Wachter stated he has asked the County to work with the City in approaching the State for improvements to the Yankee Doodle Road ramp onto I-35E. Director of Public Works Colbert indicated he has met with Pete Sorenson of the County and the County is doing studies on those improvements. Wachter moved, Egan seconded, a motion to approve the checklist dated July 1, 1993, in the amount of $2,607,485.56. Aye: 5 Nay: 0 ofti .L Page 17/EAGAN CITY COUNCIL MINUTES July 6, 1993 ADJOURNMENT The regular meeting of the Eagan City Council adjourned at approximately 10:50 p.m. KF CITY OF EAGAN E. VanOverbeke City lerk If you need these minutes in an alternative form such as large print, braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan MN 55122, (612) 681-4600 (TDD phone: (612) 454-8535).