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01/21/1997 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota January 21, 1997 00017 A regular meeting of the Eagan City Council was held on Tuesday, January 21, 1997 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Council members Wachter, Awada, Masin and Blomquist. Also present were City Administrator Tom Hedges, Senior Planner Lisa Freese, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. ~ City Administrator Hedges stated that there was a request from the University of Minnesota to add a proclamation to the Consent Agenda proclaiming February 1 as Helen Wang Hometown Day in the City of Eagan. He said that Helen Wang is a student athlete in the tennis program at the University of Minnesota. 97.5.1 Councilmember Wachter moved, Councilmember Masin seconded a motion to adopt the agenda as amended. Aye: 5 Nay: 0 ~~~M Councilmember Masin requested that Councilmember Blomquist's comments on page 5, in regard to discussion about mediation to develop contract terms for agreement with the MAC for prohibition of a north parallel runway, be removed from the minutes and her vote negated. She stated she believes Councilmember Blomquist's employment with Northwest Airlines is a conflict of interest with regard to issues involving the airport. Councilmember Blomquist said that she is only stating her opinion and is not lobbying on behalf of her company. Mayor Egan indicated that he would be uncomfortable changing the minutes since that is the official record of what happened. He said there are other alternatives to accomplish the objective being requested by Councilmember Masin. Councilmember Wachter concurred. Councilmember Awada requested that the City Attorney prepare an opinion regarding whether members of the City Council can take action or discuss any items relating to their employer. Councilmember Blomquist added that she is not in a policy making position at her company; therefore, no conflict of interest exists. She further added that many people from Northwest Airlines supported her during her campaign and feels she should be allowed to represent their interests. Councilmember Awada moved, Councilmember Wachter seconded a motion to direct the City Attorney to prepare an opinion regarding whether members of the City Council can take action or discuss any items relating to their employer. Aye: 5 Nay: 0 Councilmember Masin noted that it is important to determine the extent that relationships of Councilmembers to other individuals, with regard to the individuals' employment, could constitute a conflict of interest. She also noted that business/client relationships of Council members need to be examined as well to determine if any conflict of interest exists. She mentioned the lawsuit regarding the Beiter property and the perceived conflict of interest. She asked if a legal determination is made that this issue is inappropriate for Councilmember Blomquist to discuss could the minutes be amended at that time. Councilmember Awada noted that the minutes are an accurate reflection of what was said at the meeting and should not be changed. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 00018 EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 21,1997 PAGE 2 ~ Jennifer Hearon, President of the Northern Dakota County Chamber of Commerce, addressed the Council and extended an invitation to the next Eagan Business Forum and thanked them in advance for their participation in this meeting. Tom Walsh, Co-Chair of the Eagan Governmental Relations Committee for the Eagan Chamber of Commerce, addressed the Council and submitted a letter requesting the City get involved with the Eagan Small Business Association and the Chamber of Commerce in studying traffic patterns on TH 13. Mayor Egan noted that this is a very important project that will be undertaken this year. Larry Wenzel, representing the Eagan Small Business Association and Chair of the Transportation Committee, addressed the Council and also requested they study the transportation issue relating to TH 13. He said that he has many letters from businesses along TH 13 stating their support for a transportation study. City Administrator Hedges provided an update on what has occurred to date regarding plans to address the issues involving TH 13. Councilmember Blomquist moved, Councilmember Wachter seconded a motion to direct Director of Public Works Colbert to investigate the scope, cost and financing of a comprehensive corridor study for TH 13 regarding roadway improvements and truck traffic. Aye: 5 Nay: 0 Councilmember Blomquist thanked the Eagan Small Business Association for bringing the issue to the City Council's attention. Mayor Egan acknowledged the Chamber of Commerce's collaboration also. COMMENTS/METROPOLITAN COUNCIL REPRESENTATIVE KEVIN HOWE Kevin Howe, Metropolitan Council representative for the City of Eagan, noted the various cities he has been working with and the issues being addressed. He said he was impressed with the City of Eagan's managed growth. He offered to help assist the Council in working on issues with the Metropolitan Council. Councilmember Blomquist said she hopes Mr. Howe will support the City in changing language regarding zoning and planning, specifically an amendment to Statute 473.858. Mr. Howe stated that he is committed to working with the City. Mayor Egan noted that the Council believes in local autonomy regarding zoning issues. Discussion continued regarding other issues that have already been addressed and also those issues that still need to be addressed. PRESENTATION OF MINNESOTA RECREATION AND PARK ASSOCIATION AWARDS TO KEN VRAA AND DOROTHY PETERSON Jon Gurban, Executive Director of the Minnesota Recreation and Park Association, presented Director of Parks and Recreation Ken Vraa with the Clifton E. French Distinguished Service Award and Superintendent of Recreation Dorothy Peterson with the Dorothea Nelson Award. He said these awards are presented to individuals with long and outstanding service to the recreation, park and leisure service field as well as to the Minnesota Recreation and Park Association. Superintendent of Recreation Peterson thanked the City Council for their support in allowing the staff to participate in professional organizations. Director of Parks and Recreation Vraa thanked both the past and present City Councilmembers for their EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 21,1997 PAGE 3 00019 efforts and support. Mr. Gurban also presented the Mayor a poster as a token of appreciation for allowing the staff to participate in the MRPA. The City Councilmembers congratulated both Vraa and Peterson for their achievements. RESIGNATION OF ASSISTANT CITY ENGINEER FOERTSCH Mayor Egan noted that Assistant City Engineer Mike Foertsch has accepted employment with a private firm. He said that he will be greatly missed and the Council appreciates all his hard work over the years. Councilmember Wachter concurred. Assistant City Engineer Mike Foertsch addressed the Council and said that his decision to leave the City of Eagan was not an easy one and he added that he appreciated the support and direction the Council has given him over the years. City Administrator Hedges also thanked Mr. Foertsch for his many years of service and stated that he exemplified the professional work ethic of City staff. Director of Public Works Colbert commented that Mr. Foertsch was a valuable employee and it will be difficult to replace him. He noted that an informal farewell has been planned for January 31 in the Community Room. ~~ In regard to Item A. Personnel Items, No.2, ResignationslWater Production Maintenance Workers, City Administrator Hedges noted that Robert Zweiner has given a verbal resignation and his official two week notice will begin once the written resignation is received. In regard to Item C, Premise Permit Application - Mendota Heights Athletic Association to conduct pull tab operation at Valley Lounge. 3385 Sibley Mem. Hwy.. Councilmember Wachter asked why the Minnesota Valley Human Society is no longer selling pull-tabs at the Valley Lounge and he added that they are in need of support. City Administrator Hedges said he did not know the reason. Mayor Egan stated that an appropriate location should be found for the Humane Society to sell pull-tabs. In regard to Item D, Eagan Promenade. Sign revision (Byerly's). Councilmember Wachter wanted to ensure that the sign is within the parameters of the Sign Agreement. Mayor Egan noted that the sign is within acceptable parameters. In regard to Item I, Approve Amendments to MVTA Joint Powers Agreement. City Administrator Hedges noted that the City can provide money to the MVTA without amending the Joint Powers Agreement. He said that the make up of the Board of the MVTA is still an MVTA issue. In regard to Item P, RFP for Fire Administration building construction/architectural services. City Administrator Hedges pointed out some inconsistencies contained in the RFP that have been corrected. He said the City Council needs to appoint Councilmembers to serve on the interview panel for selecting an architectural firm. Councilmembers Wachter and Awada indicated their desire to serve on the panel. Councilmember Awada said that she has a problem with including the specific dollar amount budgeted for the project in the proposal. She also questioned why the City requires that a company under contract with the City must have an Affirmative Action Policy. She said she would like to discuss the issue further. City Administrator Hedges noted that the City has adopted an Affirmative Action Policy. City Attorney Sheldon stated that he would research the issue and find out if the City is legally required to stipulate that companies under contract with the City have an Affirmative Action Policy. Council member Awada 00020 EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 21,1997 PAGE 4 requested that this be discussed further at the January 28 Special City Council meeting. A. Personnel Items Item 1. It was recommended to approve the hiring of a person to be recommended as a part-time Dispatcher in the Police Department. Item 2. It was recommended to accept the resignations of Michael Hillman and Robert Zweiner as Water Production Maintenance Workers. Item 3. It was recommended to approve the hiring of Mary Gray as a seasonal part-time Winter Recreation Leader. Item 4. It was recommended to approve the hiring of Jim Campbell and Vincent Mergens as seasonal part- time Broomball Officials. Item 5. It was recommended to approve the hiring of Jill Isebrand as a seasonal part-time Ice Rink Supervisor. Item 6. It was recommended to approve the hiring of David Jungers as a seasonal Parks Maintenance Worker. Item 7. It was recommended to approve the reappointment of Assistant to the City Administrator Duffy as the City's representative who will serve as liaison to the National Organization on Disability. Item 8. It was recommended to approve changing the compensation plan for non-collective bargaining employees wherein if a step increase would be effective during the first week of a pay period, the step increase would take effect the first day of that pay period and if a step increase is to be effective the second week of a pay period, the step increase would be effective as of the first day of the next pay period. Item 9. It was recommended to accept the resignation of Mike Foertsch as Assistant City Engineer. B. Pet Shop License Renewals. Heartland Pets - 1960 Cliff Lake Road. Walmart - 1360 Town Centre Drive. Wetworld - 3390 Coachman Rd #206. Pet Food Warehouse - 1296 Town Centre Drive. (This item was continued to the February 4, 1997 City Council meeting.) 97.6 C. Premise Permit Application - Mendota Heights Athletic Association to conduct pull tab operation at Valley Lounge. 3385 Sibley Mem Hwy. It was recommended to approve a premise permit application for the Mendota Heights Athletic Association to conduct pull-tab operations at the Valley Lounge as presented. D. Eagan Promenade. Sign revision (Byerly's). It was recommended to approve a revision to the sign plan for the Byerly's store in the Eagan Promenade. E. Preliminary Subdivision Extension - Peter Ramstad for Fox Forest Addition. It was recommended to approve a six (6) month extension for the Preliminary Subdivision for Fox Forest Addition. F. Clarification of Architectural Standards for Eagan Promenade - neon lighting. It was recommended to approve a clarification of architectural standards for Eagan Promenade to provide for neon lighting on buildings. G. Findings of Fact for Gardenwood Ponds 3rd Addition - D.R Horton. It was recommended to approve 97.7 OOG21. EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 21,1997 PAGE 5 the Findings of Fact regarding Preliminary Subdivision for 15 lots on 18.56 acres for the proposed Gardenwood Ponds 3rd Addition subdivision, located north of Northview Drive and west of Trotters Ridge in the NE 1/4 of Section 23. H. Final Planned Development for Lot 5. Block 2. Eagan Promenade (Don Pablo's). It was recommended to approve a Final Planned Development to allow construction of a 7,500 s.f. Class I restaurant (Don Pablo's) on Lot 5, Block 2, Eagan Promenade. I. Approve Amendments to MVTA Joint Powers Agreement (This item was continued indefinitely.) J. Contract 95-RR. Acknowledge completion/authorize City maintenance (Soderholm Add. - Utilities). It was recommended to acknowledge completion of Contract 95-RR (Soderholm Addition - Utilities) and authorize perpetual City maintenance subject to warranty provisions. K. Contract 97-05. Deerwood Reservoir (Trunk Watermain). It was recommended to approve the plans and specifications for Contract 97-05 (Deerwood Reservoir - Trunk Watermain) and authorize the advertisement for a bid opening to be held at 10:30 a.m., February 13, 1997. L. Project 682R. Schedule public hearing (Deerwood Townhomes - Utility Extensions). It was recommended to schedule a public hearing for Project 682R (Deerwood Townhomes - Utility Extensions) for February 18, 1997. M. Project 668. Approve preliminary engineering agreement with Dakota County (Lone Oak Rd. Upgrade - Neil Armstrong to TH 55). It was recommended to approve a preliminary engineering agreement with Dakota County for Project 668 (Lone Oak Road Upgrade - Neil Armstrong to TH 55) and authorize the Mayor and City Clerk to execute all related documents. N. Proiect 692R. Schedule Public Hearing (Old Sibley Hwy - Street and San Sewer). It was recommended to schedule a public hearing for Project 692R (Old Sibley Highway - Streets & Sanitary Sewer) to be held on February 18, 1997. O. Resolution Authorizing the issuance of $7.000.000 multifamily housing revenue refunding bonds (GNMA collateralized mortgage 10anIW00dridge Apartments Project). Series 1997A and $905.000 taxable multifamily housing revenue bonds (GNMA collateralized mortgage 10anIW00dridge Apartments Project). Series 1997B and authorizing the execution of necessary documents. It was recommended to approve a Resolution Authorizing the issuance of $7,000,000 multifamily housing revenue refunding bonds (GNMA collateralized mortgage 10anIW00dridge Apartments Project), Series 1997A and $905,000 taxable multifamily housing revenue bonds (GNMA collateralized mortgage 10anIW00dridge Apartments Project), Series 1997B and authorizing the execution of necessary documents. 97.8 P. RFP for Fire Administration building construction/architectural services. It was recommended to ratify a Request for Proposals document for Fire Administration Building Construction and Architectural Services and to authorize the City Administrator and Fire Chief to proceed with the Request for Proposals, to be received no later than Tuesday, February 12. (This item was continued to the January 28, 1997 Special City Council meeting.) Q. Proclamation. proclaiming February 1 1997 as Helen Wang Hometown Day in the City of Eagan. It 97.9 was recommended to adopt a proclamation proclaiming February 1, 1997 as Helen Wang Hometown Day in the City of Eagan. 00022 EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 21,1997 PAGE 6 Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 / City Administrator Hedges explained the balloting procedure used by the Council to appoint commission members. He said that the ballots are signed by Councilmembers and are available for public review. A. ADVISORY COMMISSION APPOINTMENTS: 1. Solid Waste Abatement Commission: Rick Patraw and Floyd Hiar were reappointed to three year terms as resident representatives; and Susan Bast was appointed to a one year alternate term. Councilmember Awada moved, Councilmember Blomquist seconded a motion to leave the business representative position open and direct staff to contact the hauler community to see if anyone is interested in filling the vacancy. Aye: 5 Nay: 0 Councilmember Awada moved, Mayor Egan seconded a motion to appoint Jim Orcutt to a one year term as a resident representative. Aye: 5 Nay: 0 2. Economic Development Commission: Karl Oestreich, Gary Morgan and Cathy Clark Matuszak were reappointed to three year terms; John Young was appointed to a three year term; Mark Reimer was appointed to a two year term; Calvin Clark and Bruce Goff were appointed to one year terms. 3. Advisory Planning Commission: Larry Frank was reappointed to a three year term; Paul Bakken was appointed to a three year term; Peggy Carlson was appointed to a two year term and Shawn Hunter was appointed to a one year alternate term. 4. Advisory Parks, Recreation & Natural Resources Commission: Lee Markell and Guy Kohlnhofer were reappointed to three year terms; Terry Davis was appointed to a three year term; Barbara Johnson was appointed to a one year term; and Jerry Farlee was appointed to a one year alternate term. 5. Airport Relations Commission: Ted Gladhill was reappointed to a three year term; Eric Drenckhahn was appointed to a three year term; and Michael Steen berg was appointed to a one year alternate term. 6. Joint Burnsville/Eagan Telecommunications Commission: Councilmember Awada requested that since there were no applicants for the alternate position, staff should contact the applicants who were not appointed to any commission and see if they are interested in the position. Councilmember Blomquist concurred and added that if no applicant is interested in the position, an advertisement should be placed in the newspaper. Council member Wachter moved, Councilmember Masin seconded a motion to reappoint Maggie Jensen and Jeff May to three year terms. Aye: 5 Nay: 0 B. ACTING MAYOR: Mayor Egan appointed Councilmember Masin to serve as Acting Mayor in his absence at City Council meetings and other activities pertaining to the City of Eagan. Councilmember Awada moved, Councilmember Wachter seconded a motion to ratify the 00023 EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 21,1997 PAGE 7 appointment of Councilmember Masin as Acting Mayor. Aye: 5 Nay: 0 C. OFFICIAL LEGAL NEWSPAPER: Councilmember Masin asked if subscriptions are available to This Week Newspaper. City Administrator Hedges stated that subscriptions are available to the Dakota County Tribune and it should be emphasized that the City Council expects accessibility to the This Week Newspaper. Councilmember Blomquist noted that subscriptions are available to the Dakota County Tribune, which is affiliated with the This Week Newspaper, and legal notices are published in both newspapers. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the retention of Dakota County TribunelThis Week Newspapers as the City's official legal newspaper. Aye: 5 Nay: 0 D. CITY COUNCIL MEETINGS: Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the 1997 Schedule of Council Meetings, designating the first and third Tuesdays of the month at 6:30 p.m. for regular City Council meetings, with the exception of May 20, wherein the date of May 19 was approved as the alternate date. Aye: 5 Nay: 0 E. CITY COUNCIL MEETING PROCEDURES: Councilmember Wachter moved, Councilmember Masin seconded a motion to approve the guidelines/handout for public presentations and public participation in City Council meetings as presented. Aye: 5 Nay: o F. COUNCIL STANDING COMMITTEE AND REPRESENTATIVE APPOINTMENTS: Mayor Egan recommended the following Councilmembers to serve on standing committees as follows: Finance Committee: Councilmember Masin (Chair) and Councilmember Awada Public Works Committee: Council member Wachter (Chair) and Councilmember Blomquist Personnel Committee: Councilmember Awada (Chair) and Mayor Egan Councilmember Wachter moved, Councilmember Awada seconded a motion to ratify the standing committee appointments. Aye: 5 Nay: 0 Minnesota Valley Transit Authority Board: Council member Masin School District #191: Councilmember Masin School District #196: Councilmember Blomquist School District #197: Mayor Egan Dakota County League of Governments: Councilmember Awada History Committee: Councilmember Wachter Municipal Legislative Committee Board: Mayor Egan Dakota County Economic Development Partnership: Councilmember Blomquist Councilmembers indicated they would like to discuss whether the City is going to continue as a full partner in the Dakota County Economic Development Partnership at the January 28, 1997 Special City Council meeting. Councilmember Awada moved, Council member Masin seconded a motion to approve the Council representative positions. Aye: 5 Nay: 0 00024 EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 21,1997 PAGE 8 G. OTHER APPOINTMENTS: 1. MASAC Representatives. Councilmember Blomquist indicated her desire to serve on MASAC. Councilmember Masin said that the Council had intended for the Mayor to serve on MASAC because of his knowledge of the issues. Mayor Egan added that he would be willing to serve in 1997. Councilmember Masin stated that before Councilmember Blomquist is appointed to MASAC as an alternate, it would be appropriate to wait for the City Attorney's legal opinion in regard to her employment with Northwest Airlines. Councilmember Awada moved, Councilmember Masin seconded a motion to approve the appointment of Mayor Egan as a member; Jon Hohenstein as an alternate and Lance Staricha to the other alternate position. Aye: 5 Nay: 0 Councilmember Blomquist stated that MASAC is the airport board and asked the City Attorney if anyone with any knowledge about airports should not be allowed to serve on these committees. Mayor Egan said that he would be willing to revisit the alternate position after the City Attorney's opinion has been reviewed. 2. City Representative to Eagan Convention and Visitors Bureau Board of Directors. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the appointment of City Administrator Hedges to a two year term until such time that a Community Development Director is available to fill the representative position. Aye: 5 Nay: 0 3. Special Advisory Committees: City Administrator Hedges reviewed the various committees the City Council has considered. He said that these committees will be further discussed at the January 28, 1997 Special City Council meeting. Councilmember Wachter moved, Councilmember Awada seconded a motion to change the time of the January 28, 1997 Special City Council meeting from 5:00 p.m. to 5:30 p.m. Aye: 5 Nay: 0 ~ A representative of D.R. Horton, Inc. requested that the Gardenwood Ponds 3rd Addition be discussed prior to the Airport Relations Commission item since he had to attend another meeting. RECONSIDERATION - GARDENWOOD PONDS 3RD ADDITION City Administrator Hedges provided an overview on this item. He stated that the applicant is asking for a continuance to avoid having to submit a new application and reappearing before the APC and the APRNRC. He further stated that he contacted Kim Kuhn, President of the Bridle Ridge Homeowners Association, and informed her of the request being made by the applicant and asked her to inform the other residents in the homeowners association. City Attorney Sheldon said that if a significant change is made to the plans the APC would need to review the change and make a recommendation. Councilmember Awada asked if the Council is under a time limit with regard to this proposal. City Attorney Sheldon said that if the Council takes action to reconsider it should be subject to a written agreement from D.R. Horton stating that they agree to the one year continuance, which would avoid any time limitations. Councilmember Awada restated the reason for granting this reconsideration is so that the applicant will not have to go through the Planning Commission process again and pay additional fees. 00025 EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 21,1997 PAGE 9 Councilmember Awada moved, Councilmember Masin seconded a motion to approve a request by Don Patton, D.R. Horton, Inc., to reconsider the City Council's decision on January 7, 1997 to deny the Preliminary Subdivision for Gardenwood Ponds 3rd Addition. Bob Weigert, representing D.R. Horton, provided a verbal commitment. Councilmember Blomquist stated that there should be language in the motion that reaffirms that the cul-de-sac length be 500 feet. Council member Awada noted that she will include that language in her second motion to continue this item. A vote was taken on the motion for reconsideration. Aye: 5 Nay: 0 Mr. Weigert stated that they would like to withdraw their request for reconsideration if the 500 foot cul-de-sac is to be included as part of the Council's motion. Councilmembers accepted the applicant's withdrawal of their request for reconsideration. RECOMMENDATION, AIRPORT RELATIONS COMMISSION, PROPOSED MODIFICATION OF AIRPORT LEGISLATION, ENVIRONMENTAL REVIEWS OF AIRPORT EXPANSION City Administrator Hedges provided an overview and stated that Northwest Airlines is in agreement with the proposed language. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a recommendation by the Airport Relations Commission to support retaining language in the airport expansion legislation to require environmental reviews of continued traffic growth at Minneapolis/St. Paul International Airport. Aye: 5 Nay: 0 ~ REZONING & PRELIMINARY SUBDIVISION - FRED WESSEL (WESSEL ADDITION) City Administrator Hedges provided an overview on this item. Senior Planner Freese gave a staff report. Councilmember Wachter asked if any major repairs have to be made to the septic or well on site would the applicant need to connect to City sewer and water. Director of Public Works Colbert indicated that City policy has been that if sanitary sewer and water lateral are available to the property, no permit is issued to repair the failing well or septic system. He said that in this case the determination would have to be made as to whether sanitary and water are available even though it does not cross the frontage. He added that if the sanitary sewer and water did cross the frontage and the Council followed the previous policy, the private system would not be allowed to be repaired. Discussion continued regarding the location of the sanitary sewer and water locations. Councilmember Awada asked if right-of-way is obtained along the western edge would it be acceptable to put the sanitary sewer in that location. Colbert stated that City Code requires that with the creation of platted lots of record in a development each lot shall be serviced with City utilities and streets to City standards. Councilmember Awada said that this requirement would only apply to Lot 1. Colbert added that there has not been any utility extension to service Lot 1 in its present condition or any potential future subdivision. Howard Kyllo, representing the applicant, addressed the Council and said that Mr. Wessel is opposed to the extension of Wescott Hills Drive and the installation of utilities at this time and would prefer that it be development driven. He further said that Mr. Wessel would be willing to dedicate 30 feet of right- of-way. 00026 EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 21,1997 PAGE 10 Colbert explained the rationale for offering the option of acquiring additional right-of-way if and when Wescott Road is upgraded and other options. City Attorney Sheldon said that the vacation of the prior right-of-way for Birch Street is unrelated to this proposal. He further said the property owner is required to dedicate appropriate right-of-way as necessary to serve their plat and it is the City Council's duty to determine what is appropriate right-of-way. He added that the applicant feels that the appropriate right-of-way is 30 feet and the Council needs to decide if they should require more than a typical half right- of-way for this road as part of this development to service this property. Colbert said that the necessary right-of-way to accommodate development of the property would require a dedication of 50 feet in dimension along the south side and 30 feet in dimension along the north side to match previous right-of- way dedications. He further said that if there were a triangular dedication matching those dimensions, any additional amount based on final design would have to be the responsibility of the City to acquire. Mr. Kyllo reiterated that the applicant feels time and development will force the issue and he would prefer to wait until that happens. Mayor Egan asked if Mr. Wessel is willing to allow the City Council to defer the actual development of Wescott Hills Drive in exchange for him agreeing to dedicate the City standard right-of-way, as determined by the City Council. Mr. Kyllo answered that Mr. Wessel thinks it is appropriate to wait until the property is developed in the future. Councilmember Awada noted that if the City Council determines that the street and the utilities do not have to be installed now they still want to have the appropriate right-of-way available, which may be more than 30 feet. Mr. Kyllo stated that requesting the additional right-of-way is premature and said it would be better to wait until the Jot is platted and then make the dedication. Mayor Egan commented that if the design standard suggests having more than 30 feet of right-of-way it would be prudent to dedicate it at this time rather than waiting until a later date. Councilmember Blomquist stated that it may be more feasible to accept the 30 foot right-of-way dedication and deal with the need for additional right-of-way when the remnant piece of land is platted. Mayor Egan added that when the 2.57 acres is subdivided that will cause the upgrade to Wescott Hills Drive to occur and the Council will have another opportunity to extract additional right-of-way from the applicant at that time. Colbert noted that there are other development proposals that are imminent that may trigger the consideration of the upgrade to Wescott Hills Drive sooner and the City may not have the adequate right-of-way at that time. He said that the costs will then have to be incurred by the City and/or adjacent property owners. Councilmember Awada asked how much right-of-way the City can legally require from the applicant. City Attorney Sheldon stated that the City is clearly entitled to the 30 foot right-of-way dedication, but the issue remaining is how the 50 foot right-of-way will be matched up on the south end. Mayor Egan noted that this is a policy decision that the Council needs to make and must take into consideration safety and design criteria. Sheldon said that the criteria has to be related to the development of this property and public access to the property more so than the City's overall design criteria. Councilmembers concurred that the 30 foot right-of-way dedication is the most that could be extracted from the landowner with this subdivision application. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a Rezoning of approximately 4.25 acres from Agricultural to R-1 Single Family on property located in the SE of 1/4 of Section 14. Aye: 5 Nay: 0 Councilmember Awada moved, Councilmember Blomquist seconded a motion to approve a Preliminary Subdivision (Wessel Addition> consisting of four lots on approximately 4.25 acres located in the SE 1/4 of Section 14 subject to the following conditions: OOQ27 EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 21, 1997 PAGE 11 Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: A1, B1, B2, B4, C2, E1, F1, G1 B2 should be modified as follows: This development shall dedicate a 30 foot public street right-of- way on Wescott Hills Drive. Other Conditions 2. This development shall dedicate all public right-of-way and drainage and utility easements in accordance with City Code dedication requirements and the applicant's proposed plat, dated November 20, 1996 and revised December 2, 1996. 3. No vegetation removal or grading is allowed within 30 feet of the edge of Pond JP-60 at normal water level. 4. A Tree Preservation Plan for each lot will be required at the time of building permit. 5. The developer shall plat the property. Aye: 5 Nay: 0 ~~ City Administrator Hedges noted that Bob Renner, Municipal Legislative Commission and Roger Peterson, Association of Metropolitan Municipalities will be attending the Chamber of Commerce Property Tax Summit meeting on Wednesday, January 29. ~ Director of Public Works Colbert stated that in regard to the Wessel rezoning and preliminary subdivision it would be helpful if the Council could provide staff direction as to when they should program any improvement to Wescott Hills Drive in the 5 Year Capital Improvement Program for 1997-2001. He further stated that development of the Hesse property, which is approximately 15 to 20 acres in size, may occur during 1997. Mayor Egan suggested programming the improvement to Wescott Hills Drive for the year 1999. Councilmember Blomquist said that should be done with the understanding that if the development of the property does not occur the work that has already been done will carry over to the future years. Colbert indicated the Council has an opportunity to review the CIP each year. City Attorney Sheldon commented that in regard to D.R. Horton, Inc.lGardenwood Ponds 3rd Addition it would be prudent for the Council to make a motion to accept the withdrawal of the continuance request, deny the reconsideration and reaffirm the findings of denial. Councilmember Awada moved, Councilmember Blomquist seconded a motion to accept the withdrawal of the continuance request, deny the reconsideration and reaffirm the findings of denial in regard to Gardenwood Ponds 3rd Addition. Aye: 5 Nay: 0 00028 EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 21,1997 PAGE 12 City Administrator Hedges mentioned the details regarding the salute to Helen Wang on February 1. Councilmember Masin mentioned that she will be at the ceremony to present the proclamation. Hedges also mentioned that there has been some effort through the MLC and the AMM to introduce road unit charge fees as legJslation for this year. He noted that in discussions with the City Administrator of Apple Valley, they both feel it would be premature to proceed with that legislation since the Supreme Court has just heard the case in January and it may be some time before the City receives their opinion. Council members concurred that legislation is premature at this point. Councilmember Wachter said that the Humane Society is in dire need of assistance and efforts should be made to help that organization. Councilmember Blomquist commented on the list of bills and stated she is still concerned about the amount of money being spent on food and would like this to be examined further at a work session. She was also concerned about the Parks Commission meeting being held on the same evening as the City Council meeting. She stated that every effort should be made to ensure that all public meetings are televised and do not conflict with other meetings. She noted that she will not be attending the LMC conference for newly-elected officials. City Administrator Hedges explained why the Parks Commission meeting was held on the same night as the City Council meeting. Councilmembers Wachter and Blomquist had several questions on the bills. Councilmember Masin suggested that it would be more helpful if Councilmembers would call the City Administrator with questions regarding the bills so that an answer is available prior to the meeting and then any remaining issues could be discussed at the Council meeting. Director of Public Works Colbert clarified that several of the standard conditions of the Wessel rezoning and preliminary subdivision need to be modified to accurately reflect the Council's right-of-way dedication requirement. He said that standard condition B2 should be modified to reference the dedication of a 30 foot public street right-of-way; B3, C1, C3 and D1 should be omitted. The changes were acceptable to Councilmembers Awada and Blomquist who made and seconded the motion. (The changes were already incorporated in the Wessel portion of the minutes.) ~ Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register dated January 17 in the amount of $1,349,892.38. Aye: 5 Nay: 0 ~ The meeting adjourned at 9:50 p.rn. MLK EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 21,1997 PAGE 13 00029 January 21, 1997 Date ~~~~- City Clerk If you need these minutes in an altemative 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, sexual orientation, marital status or status with regard to publiC assistance.