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04/15/1997 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota April 15, 1997 OC121 A regular meeting of the Eagan City Council was held on Tuesday, April 15, 1997 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers 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. AGENDA City Administrator Hedges stated that the City Council had a work session prior to the regular Council meeting to discuss plans for the Fire Administration building and the Council may want to have further discussion on one item relating to the proposed Project 717, Ranier Lane at the end of the meeting. He suggested that the Carriage Hills/Rahn assessment appeal settlement - Project No. 638 and Gopher assessment appeal settlement - Project No. 638 be added to the consent agenda. Councilmembers concurred with adding the items to the consent agenda. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OF THE APRIL 1, 1997 MEETING Councilmember Wachter requested that on page 9, the third paragraph under Conditional Use Permit & Variance - U.S. West, the first sentence should read, "Councilmember Wachter raised a concern about the possibility of the tower falling on a business that may someday be located on the lot to the west. Councilmember Blomquist moved, Councilmember A wada seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 MINUTES OF. THE APRIL 1,1997 SI'ECIAL MEETING Councilmember Blomquist moved, Councilmember Awada seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 DEPARTMENT HEAD BUSINESS RECOGNITION OF TREE CITY U.S.A. TEN-YEAR AWARD City Administrator Hedges provided an overview on this item. He stated that Mayor Egan and Supervisor of Forestry Greg Hove attended the awards ceremony where the City of Eagan received its 10th consecutive Tree City U.S.A. award and also received, for the 4th year, the Tree City USA Growth Award. He noted that Arbor Day is Saturday, May 3 and a tree planting will be held at Blackhawk Park. Mayor Egan commented on the receipt of the two awards. Councilmember Blomquist said that she noticed the water tower on Cliff Road is no longer being used and she asked what the impact will be on the water supply for this summer. Director of Public Works Colbert stated that the Cliff Road reservoir has not been used for almost two years and explained that prior to those two years it was not exchanging water for another one and a half to two years. He added that the cost to repaint the tower was almost equal to the cost of the original construction because of the lead based paint. He further added that it was cost-effective to take the tower out of service. Councilmember Blomquist asked if it would be possible to use the Cliff Road site and elevate the tower. Director of Public Works Colbert explained the reasons why it would not work as efficiently as locating the tower in the southeast area of Eagan. Councilmember Wachter stated that there will be a 90th birthday party for Carl Case at Diamond- T on April 27. He said that the engineering proposals for the Inver Grove Heights/Eagan water tower EAGAN CITY COUNCIL MEETING MINUTES; APRIL 15, 1997 PAGE 2 0<.'122 should be placed on the regular agenda to allow for public input. Director of Public Works Colbert clarified that the request is only for the purpose of soliciting proposals of engineering firms. Councilmember Wachter asked Police Chief Geagan how important a basement would be for the Fire Administration building. Police Chief Geagan stated it would be helpful for storage. RONSENTAGENDA In regard to Item A, Personnel Items - Item 9. Reorganization/Public Works Department/Engineering Division, Councilmember Blomquist said she is concerned about approving a department's organizational chart on the consent agenda. After discussion with the City Administrator, she stated that it is her understanding that the organizational chart is only preliminary and not something for the City Council to act on. She clarified that the request being made is only for a couple of position title changes. In regard to Item B, Approve D.A.R.E. & Police Liaison Services Agreement: School District No. 196 and City of Eagan, Councilmember Wachter asked if this agreement is for the current school year since school is almost over. Police Chief Geagan stated that the District was late in putting the agreement together and it is intended for the 1996/97 school year. In regard to Item C, Approve an ordinance adopting and enacting the new City Code, Councilmember Blomquist stated that adopting ordinances or a new City Code should not be included on the consent agenda but rather should be put on the regular agenda to allow for public input. Mayor Egan noted that the public hearings have already been held on each of the ordinances that were adopted and the purpose of this ordinance is only to codify them into the City Code book. Councilmember Blomquist reiterated that items of this nature should be put on the regular agenda. She said approving items on consent which relate to ordinances leaves the impression that the Council is not including the public. She further said she wants to be more open with the public. Mayor Egan said that the procedure used by the City Council is correct and this is only a mechanical task that involves taking ordinances that have been adopted during the past year and codifying them into the Code book. He added that he does not think the public would feel the Council should go through such formalities just to instruct the staff to take these ordinances that have already been adopted and put them into the City Code. Councilmember Wachter said if there were changes being made to the City Code they should be addressed on the regular agenda, but he said these ordinances have already been adopted by the Council. He added that he does not have an objection either way as to where these items should be placed on the agenda. He further added that he has always wanted to keep the public informed. Councilmember Awada agreed with Councilmember Wachter and said it does not matter to her how these items are handled. She asked why the Council needs to adopt an ordinance to approve putting the ordinances in the City Code. City Administrator Hedges provided an explanation as to why there needs to be an ordinance to adopt and enact the new City Code. Councilmember Blomquist said that at a future date she would like the Council to discuss what type of items should be placed on the regular agenda for informational purposes instead of placing them on the consent agenda. City Administrator Hedges stated that the new Code books will be available on Friday. Director of Finance VanOverbeke added that this is a republication of the City Code and he clarified that only the size and format of the Code is being changed and not the content. He further added that the City Code books will be available on the Internet, for purchase at City Hall and also at the public library. In regard to Item V, Recommendation, Airport Relations Commission, comments to Federal Interagency Committee on Aviation Noise, Public Forum - May 13, 1997, Councilmember Blomquist requested that this item be removed from the consent agenda and put on the regular agenda at a later date. She said that when the Council is writing a letter to a group expressing their views it should be brought to the public for input as well as to the committees and the Council. Mayor Egan noted that the Council has consistently followed this protocol and asked why Councilmember Blomquist was requesting EAGAN CITY COUNCIL MEETING MINUTES; APRIL 15, 1997 PAGE 3 OCIZ3 this change. Councilmember Blomquist said she felt the Council should be allowed to comment on the letter to be sent to FICAN. Councilmember Blomquist moved, Councilmember A wada seconded a motion to pull Item V from the consent agenda and move it to the first item under Old Business for further discussion. Aye: 5 Nay: 0 A. Personnel Items Item 1. It was recommended to approve the hiring of David Koski as a Water Production Maintenance Worker, subject to successful completion of the City's physical examination and drug screen requirements. Item 2. It was recommended to accept the resignation of Greg Mann from his position as a part-time Building Maintenance Worker. Item 3. It was recommended to approve the hiring of Dale Bishop, Mike Bishop, Kevin Doehling, Jill Isebrand, Delbert Keene, and Douglas Kuehn as seasonal Parks & Maintenance Workers. Item 4. It was recommended to approve the hiring of Mark Cleare, Andrew Kappang and George Sellner as seasonal Ballfield Attendants. Item 5. It was recommended to approve the hiring of Leroy Berg as the seasonal part-time Assistant Weed Inspector. Item 6. It was recommended to approve the hiring of Scott Hangebrauck, Erik Hansen and Jeff VanOverbeke as seasonal Street Maintenance Workers. Item 7. It was recommended to approve the hiring of Mike Sheggeby as a seasonal part-time Ice Rink Supervisor. Item 8. For the Council's information, Craig Walter from North Dakota State University will be an intern in the recreation division. No action required. Item 9. It was recommended to approve the reorganization of the Engineering Division of the Public Works Department by eliminating the Senior Engineering Technician position, adding an Engineering Technician position, and changing the title of the Assistant City Engineer position to City Engineer. Item 10. It was recommended to approve the hiring of Nora Flueger, Deborah Bunljer, Leilani Fischer, Julie Beecher, Martha Buyck, Holly Confer and Lisa Heine as part-time seasonal concession workers for the Northview concessions. B. Approve D'A.R.E. & Police Liaison Services Agreement: School District No. 196 and City of Eagan. It was recommended to approve the D.A.R.E. and police liaison services agreement for School District No. 196 and the City of Eagan. C. Approve an ordinance adopting and enacting the new City Code. It was recommended to approve an ordinance adopting and enacting the new City Code. D. Direct the City Attorney's office to prepare a new tobacco ordinance to be in compliance with FDA regulations. It was recommended to direct staff not to seek a waiver to the FDA tobacco regulations and to direct the City Attorney's office to prepare a new tobacco ordinance after the State Legislature adjourns. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 15, 1997 PAGE 4 00124 97-28 E. Approve resolution authorizing the issuance and sale of $1,000,000 Industrial Development Revenue Bonds, Series 1997-Master Mechanical, Inc. It was recommended to approve a resolution authorizing the issuance and sale of $1,000,000 Industrial Development Revenue Bonds, Series 1997 for Master Mechanical, Inc. F. Proclamation, observing May 4-May 11 as the 1997 Days of Remembrance in association with the Holocaust Memorial Museum. It was recommended to proclaim the week of May 4 through May 11 as the 1997 Days of Remembrance of the Holocaust and encouragement of equality and justice for all. 97-29 G. Final Subdivision - Tri-Land for Lexington Pointe Twelfth Addition. It was recommended to approve the Final Subdivision for Lexington Pointe Twelfth Addition for 16 lots on 4.32 acres in the NW 1/4 of Section 26 located south of Walmart Ridge Drive, east of Sean Court and north of Walnut Hill Park. 97-30 H. Adopt resolution MVT A's revised Bylaws and Joint Powers Agreement. It was recommended to approve a resolution amending the Bylaws and Joint Powers Agreement for the Minnesota Valley Transit Authority. 97-31 I. Final Subdivision - Springbrook Corp. for Wessel Pond Addition. It was recommended to approve a Final Subdivision (Wessel Pond Addition) consisting of four lots on approximately 4.5 acres in the SE % of Section 14. 97-32 J. Authorization to conduct excluded bingo at the Fourth of July celebration, Valley Viewers 4-H Club. It 97-33 was recommended to approve an application by the Valley Viewers 4-H Club to conduct excluded bingo for up to four days in 1997. K. Approve resolution designating Municipal State Aid Street (Wescott Hills Drive). It was recommended to approve a resolution designating Wescott Hills Drive from Yankee Doodle Road to Wescott Road as a Municipal State Aid Street and authorize the Mayor and City Clerk to execute all related documents. 97-34 L. Project 695, approve County cost participation & maintenance agreements for roadway & signal improvements (Yankee Doodle Road). It was recommended to approve multiple construction and maintenance agreements with Dakota County for Project 695 (Yankee Doodle Road & 35E) and authorize the Mayor and City Clerk to execute all related documents. M. Contract 95-12, approve change order #1 (Deerwood Reservoir). It was recommended to approve Change Order #1 for Contract 95-12 (Deerwood Reservoir) and authorize the Mayor and City Clerk to execute all related documents. N. Vacate drainage & utility easement, receive petition/ order public hearing (Outlots C & 0, Lone Oak Add.). It was recommended to receive a petition to vacate common lot line drainage and utility easements for Outlots C & 0 Lone Oak Addition and schedule a public hearing to be held on May 6, 1997. O. Extension of Preliminary Planned Development & Preliminary Subdivision for OCB Realty Co. (Eaganwoods Office Park 2nd Add.). It was recommended to approve a request for a one year extension of the Preliminary Subdivision and Preliminary Planned Development for Eagan Woods Office Park 2nd Addition (OCB Realty Inc.). P. Final Subdivision & Final Planned Development - Gopher Eagan Industrial Park 3rd Add. (Resource 97-35 Plastics). It was recommended to approve a Final Subdivision and Final Planned Development for Resource Plastics allowing a plastics recycling facility on Lot 1, Block 1, Gopher Eagan Industrial Park 3rd Addition. Q. Resignation, APRNRC. It was recommended to accept the resignation of Tim Callister from the Advisory Parks, Recreation and Natural Resources Commission. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 15, 1997 PAGE 5 OC125 R. Contract 93-V, acknowledge completion/ authorize City maintenance (Hawthorne Woods 3rd Add. - Streets & Utilities). It was recommended to acknowledge completion of Contract 93-V (Hawthorne Woods 3rd Addition - Streets & Utilities) and authorize perpetual City maintenance subject to warranty provisions. S. Amend development contract - Eagandale Corporate Center 1st Add. It was recommended to approve an Amendment to the Development Contract to reference revised grading plans and extend grading completion dates for Eagandale Corporate Center 1st Addition located east of Lexington Avenue and approximately one quarter mile north of Yankee Doodle Road. T. Approve contract - Sentence to Serve - Dakota County. It was recommended to contract with Dakota County Community Corrections for Sentence to Serve (STS) labor. U. Approve school maintenance agreement, Dakota Hills Middle School. It was recommended to approve the agreement with Dakota Hills Middle School for field maintenance. V. Recommendation, Airport Relations Commission, comments to Federal Interagency Committee on A viation Noise, Public Forum - May 13, 1997. (This item was pulled from the Consent Agenda and considered under Old Business). 97-36 W. Approve Arbor Day Resolution. It was recommended to approve the Arbor Day Resolution setting Saturday, May 3 as Arbor Day and May, 1997 as Arbor Month in the City of Eagan. X. Final Plat - Eagandale Center Industrial Park No. 14 (Homestead Village). It was recommended to approve a Final Plat to consolidate two lots into one for 3.96 acres at the southeast comer of I-35E and lone Oak Road on property currently platted as Lots 1 and 2, Block 1, Eagandale Center Industrial Park No.9, located in the northeast 1/4 of Section 10. 97-37 y. Carriage Hills/Rahn Assessment Appeal Settlement - Project No. 638. It was recommended to approve a settlement in the case of the Carriage Hills/Rahn assessment appeal- Project No. 638. Z. Gopher Assessment Appeal Settlement - Proiect No. 638. It was recommended to approve a settlement agreement for the Gopher assessment appeal for Project No. 638 as presented. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 PUBLIC HEARINGS PROJECf 707, TH 149 & LONE OAK PARKWAY (SIGNALIZATION) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Tom Sohrweide, representing Short, Elliott, Hendrickson, discussed the proposed traffic signal installation, cost estimate, financing and the project schedule. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council. Councilmember Wachter asked about the other benefiting property owners in the area and whether they should be responsible for part of the assessment. Mr. Sohrweide stated that the property owners in the area currently do not generate traffic that would warrant the signals at the intersection. He said the USPS development will have a larger impact on traffic making left-hand turns. Councilmember Wachter moved, Councilmember Blomquist seconded a motion to close the public hearing and approve Project 707 (TH 149 & Lone Oak Parkway - Signalization) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; APRIL 15, 1997 PAGE 6 OC1.26 PROJECf 712, SURREY HEIGHTS (STREEUIGHTS) City Administrator Hedges provided an overview on this item. He added that a letter of support for the streetlights was received from a resident. Director of Public Works Colbert distributed a copy of the letter and gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. Jerry Messler, 1523 Aspen Drive and President of the Surrey Heights Homeowners Association, said he was present to give his support of the project on behalf of himself and the homeowners. There being no one else wishing to speak, Mayor Egan closed the public hearing and turned the discussion back to the Council. Councilmember Masin moved, Councilmember A wada seconded a motion to close the public hearing and approve Project 712 (Surrey Heights - Streetlights) and authorize its installation through Dakota Electric Association. Aye: 5 Nay: 0 Mayor Egan commented that Surrey Heights is one of Eagan's nicest neighborhoods that does not have streetlights and he feels this will be a quality improvement and he commended the residents on their decision to request installation of streetlights. PROJECf 715, HEINE STRASSE (STREET RESURFACING) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Mayor Egan stated that he received a compliment on how well Director of Public Works Colbert and the staff conducted the informational meeting. Tom Sohrweide, representing Short, Elliott, Hendrickson, discussed the project scope, cost estimate, assessments and project schedule. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he closed the public hearing and turned the discussion back to the Council. Councilmember Blomquist asked if the last maintenance performed on this street was in 1987. Director of Public Works Colbert said that routine crack sealing and structural repair was done as necessary, but the last sealcoat was done in 1987. He then explained the sealcoat schedule. Councilmember Blomquist stated that she was concerned about the long periods of time between repairing streets and passing the cost on to homeowners. She felt this assessment was rather large. Councilmember Awada commented that this assessment is a lot less than many past assessments. Councilmember Blomquist said the City needs to show benefit to homeowners. Mayor Egan noted that the City is paying for the vast majority of the project cost. Councilmember Wachter stated that reclamation of roadway material reduces the cost. Mayor Egan restated the compliment that was received of staff by a resident who attended the informational meeting. Councilmember Wachter moved, Councilmember Awada seconded a motion to close the public hearing and approve Project 715 (Heine Strasse - Street Resurfacing) and authorize the preparation of detailed plans and specification. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) ('"Under Visitors To Be Heard, Lots 1 and 2 were deleted from the assessment with the amount of the assessment to each of the remaining 14 parcels not to exceed 1/16th of the assessable cost.) PROJECf 714, DONALD AVENUE (STREET OVERLAY) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert reintroduced Tom Sohrweide, with Short, Elliott, Hendrickson, who discussed the proposed project, cost estimate, assessments and project schedule. Mayor Egan opened the public hearing to anyone wishing to speak. Bob Stanislowski, 3305 Donald Avenue, said he is not against the project, but felt it should be revised. He added that the residents in the neighborhood are concerned about speed. He suggested a reduced speed limit or Slow Children At Play signs. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 15, 1997 PAGE 7 OC1.27 Director of Public Works Colbert said that numerous requests are received for those signs and he explained the rationale for deciding if a sign is appropriate at a given location. He added that if the use of these signs is proliferating it would detract from their effectiveness. Mayor Egan suggested that the residents could petition for a speed study to be conducted on Donald Avenue. Mr. Stanislowski suggested a three-way stop sign at the intersection of River Bluff Court and Donald Avenue. Councilmember Wachter stated that the State sets the speed limits and the City does not have any control. Mayor Egan said that the City may need to regulate and enforce the speed in that area. Mr. Stanislowski also commented that the assessment for River Bluff Court appears too low. Councilmember Awada stated that the properties which are assessed are those that take direct driveway access off the street. There being no one else wishing to speak, Mayor Egan closed the public hearing and turned the discussion back to the Council. Councilmember Masin stated that speed appears to be a universal problem throughout the City and she questioned how to address it. Councilmembers Awada and Blomquist said they would like to discuss the issue further at the end of the meeting. Councilmember Masin moved, Councilmember A wada seconded a motion to close the public hearing and approve Project 714 (Donald Avenue - Street Overlay) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 OLD BUSINESS RECOMMENDATION, AIRPORT RELATIONS COMMISSION, COMMENTS TO FEDERAL INTERAGENCY COMMITTEE ON AVIATION NOISE City Administrator Hedges provided an overview on this item. Councilmember Blomquist questioned the Airport Relations Commission's comment about the Ldn 65 standard being extremely controversial. She said the Ldn 65 standard is the federal law. Mayor Egan commented that he believes every municipal noise or airport group has considered the standard of 65 Ldn as being an inappropriate measurement for noise, standing alone, but rather it should be supplemented with other measurements, such as single event, Ll0 or other measurements of noise metrics. He said he felt the statement is accurate. Councilmember Blomquist asked about the comment on source noise reduction in relation to airframe noise and what this refers to. Assistant to the City Administrator Hohenstein explained that residents are noticing noise affects even with Stage III aircraft. He further explained that although engine noise is substantially reduced there is still a large airframe traveling through the air with resistance and this may contribute to excessive noise. Councilmember Blomquist stated that reducing the amount of flaps on a plane to lessen the roar during the land has been suggested; however, there are safety issues associated with reducing the number of flaps. Hohenstein added that the reason for submitting the comments to FICAN is so they can do technical research to see if they can achieve both goals without reducing safety. Councilmember Blomquist said that she has a problem with the comment pertaining to compensation for noise impacts in the form of free airline tickets. Hohenstein stated that the Commission is not recommending this option and he clarified that this option was presented in another study in addition to a wide range of other alternatives. Councilmember Awada commented that the statement should be removed in the correspondence to FICAN. Councilmember A wada moved, Councilmember Blomquist seconded a motion to approve a recommendation by the Airport Relations Commission to submit comments (omitting the sentence regarding free airline tickets as compensation for noise impacts) to the Federal Interagency Committee on EAGAN CITY COUNCIL MEETING MINUTES; APRIL 15, 1997 PAGE 8 OC128 Aviation Noise (FICAN) public forum which is to be held on Tuesday, May 13, 1997 at the Thunderbird Hotel in Minneapolis. Aye: 5 Nay: 0 Mayor Egan noted that the City of Eagan is an important participant with regard to the upcoming FICAN symposium. RECONSIDERATION OF DENIAL - D.R. HORTON CO. FOR GARDENWOOD PONDS 3RD ADDITION City Administrator Hedges provided an overview on this item. He read a letter submitted by Sienna Corporation requesting the City Council approve D.R. Horton's request for reconsideration. He added that the neighbors were not sent a notice with regard to this request. City Attorney Sheldon commented that the proposal now being submitted by D.R. Horton is different than the proposal the City Council turned down. He clarified that the applicant is asking for permission from the Council to submit a new preliminary plat and proposal and if the changes are modest the Council could take action or if the changes are significant the proposal could go back to the Planning Commission for a new public hearing. Councilmember Awada stated that she felt the changes are modest and should come back to the City Council. Mayor Egan said that the neighbors still need to be noticed of the changes. Don Patton, D.R. Horton, stated that they have met with the neighbors on three separate occasions and they were also contacted regarding tonight's meeting. Kim Kuehn, President of the Eagan Hills Homeowners Association, stated that they did meet with Mr. Horton several times and D.R. Horton did put in writing what they intend to do to mitigate tree loss. She added that the homeowners feel very comfortable with concept no. 1. Mayor Egan said he appreciates the hard work and efforts of Mr. Patton and the homeowners association. Councilmember Wachter asked about the difference between concept no. 1 and 2. Mr. Patton provided clarification. Councilmember Wachter expressed concern about building on Lot 15 with regard to future settling. Councilmember Blomquist moved, Councilmember A wada seconded a motion to accept the applicant's withdrawal of the original plan and submittal of Concept No.1 as a revised plan. Aye: 4 Nay: 1 (Councilmember Wachter opposed) Councilmember Blomquist moved, Councilmember Awada seconded a motion to approve the Preliminary Subdivision of Gardenwood Ponds 3rd Addition subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3,1993: Al, Bl, B2, B3, B4, Cl, C2, C3, C4, Dl, El, Fl, Gl, and Hl 2. The developer shall plat the property. Grading 3. All slopes shall be constructed to a grade of 3:1 or gentler or retaining walls constructed to achieve slopes of 3:1 or gentler in all maintained areas. 4. The final grading plan shall depict the existing grades surrounding Pond JP-20.1. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 15,1997 PAGE 9 0<'129 Easements/Riltht of Way /Permits 5. Public right-of-way shall be dedicated along Northview Park Road to a minimum of 20 feet north of the existing curbline of Northview Park Road to accommodate the proposed trail. Parks and Recreation 6. The development shall provide a parkland dedication for the area in which the trail is to be located. The balance of the park dedication obligation shall be made by a cash parks dedication and a cash trails dedication. 7. The developer shall provide the City with a Right of Entry to allow for the construction of the trail. Tree Preservation 8. To require the Tree Protective Measures (i.e. 4 foot polyethylene laminate safety netting be installed at the Drip Line or at the perimeter of Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 9. To require that the developer contact the City Forestry Division at least five day,s prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. Aye: 4 Nay: 1 (Councilmember Wachter opposed) NEW BUSINESS DUNBERRY CIRCLE BLOCK PARTY REQUEST City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. He suggested that the Council should determine if the request being made is an appropriate use of public right-of-way. Mayor Egan said that he believes this is a great idea which promotes community spirit. Councilmember Blomquist concurred. Councilmember Wachter agreed also but stated that all safety precautions have to be taken. Shane Meisner, 1295 Dunberry Circle, said that he talked to each of the neighboring homeowners and told them he will not be closing the street. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a request to temporarily close Dunberry Circle (June 13-15) and permit a block party wedding reception subject to the applicant following all safety precautions and obtaining the minimum liability and property damage coverage of $1,000,000. Aye: 5 Nay: 0 Director of Public Works Colbert asked about the request to allow parking of vehicles on City property at the Cliff Road reservoir site. Councilmembers concurred that parking should be allowed. Mr. Meisner stated that his homeowners insurance will cover individuals while they are in the cul-de-sac and also parked on City property. There was discussion on the amount of coverage needed and if Mr. Meisner would need a rider attached to his homeowners insurance policy. Mayor Egan said that staff could work with Mr. Meisner to ensure there is adequate coverage as required by the City's risk manager. Councilmember Wachter asked about the possible damage the tent stakes could do to the asphalt. Mr. Meisner noted that the tent has a self-supporting frame and will be kept in place by weights or secured by ropes if it becomes too windy. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 15, 1997 PAGE 10 00130 AMENDMENT TO THE EAGAN CITY CODE CHAPTER 4 City Administrator Hedges provided an overview on this item. He noted that a letter was received from Tom Alexander of Larkin Hoffman, representing American Portable Telecom, raising additional concerns. Councilmember Masin asked if the item could be continued to the next Council meeting. Senior Planner Freese indicated that most of the comments in the letter were brought up at the Planning Commission meeting, but she stated that there are some comments in the letter that have not yet been addressed. Peter Beck, representing AT & T Wireless, said that there were two policy issues that staff may need feedback from the City Council on. He noted that this ordinance would not allow for antennas to be placed on apartment buildings. He said that Eagan is the only city that does not allow this. He further said that locating antennas on existing structures such as apartment buildings is more desirable than erecting a separate pole. Councilmember Awada stated she did not have a problem with towers being installed on apartment buildings. Councilmember Masin commented that this is a sensitive issue because an apartment building is someone's home. Councilmember Wachter added that the issue should be considered at another meeting. Mayor Egan further added that these additional concerns should have been submitted prior to tonight's Council meeting since this item had appeared at last month's Planning Commission meeting. Mr. Alexander stated that they were not able to submit their comments earlier because they did not receive a copy of the ordinance until earlier in the day. He added that many of his comments were already raised at the Planning Commission. City Administrator Hedges noted that there are some additional comments that need to be addressed by staff. Councilmember Wachter made a motion to continue this item to the May 6, 1997 City Council meeting. Senior Planner Freese indicated she was prepared to discuss the Planning Commission's responses to the applicants' comments. She further indicated this would be helpful for staff if the issues were narrowed down so they could address them. Mayor Egan suggested staff prepare a response to the letter submitted by Larkin Hoffman addressing each of their concerns. Councilmember Masin seconded the motion to continue the item to the May 6, 1997 City Council meeting. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION & VARIANCE - ROSEVILLE PROPERTIES (EAGAN BUSINESS COMMONS) City Administrator Hedges provided an overview on this item. Senior Planner Freese gave a staff report. Representatives of the applicant were present in the audience for any questions. Councilmember Wachter stated that he attended the Lone Oak Road hearing and Dart Transit had expressed concern about a providing a break in the median. Director of Public Works Colbert explained that this development and Dart would like to have full access to Lone Oak Road with a break provided in the median; however, the County's spacing guidelines do not permit this. He added that the County is looking at the possibility of approving a variance to the spacing guidelines; but they do not appear to be very optimistic. Discussion continued regarding the spacing guidelines and the right-in, right-out access. Discussion also occurred regarding the dedication of the outlot and it was determined that this was provided for in the conditions of approval. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a Preliminary Subdivision to create 4 lots for industrial development on 26 acres located at the NW corner of T.H. 55 and Lone Oak Road in the SE 1/4 of Section 2, subject to the following conditions: EAGAN CITY COUNCIL MEETING MINUTES; APRIL 15, 1997 PAGE 11 OC1.31. Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993. Bl,B2,B3,B4,Cl,C2,C3,C4,Dl,E1,Fl,Gl Special Conditions 2. Outlot A shall be combined with Lot 1, Block 1 on the Final Subdivision plat. 3. Prior to Final Subdivision approval, Dart (owner of PID #10-00200-050-78) must sign the application or their property must be removed from the subdivision and the development plans modified accordingly. 4. The existing houses along Lone Oak Road within the subdivision shall be removed and their wells capped prior to issuance of building permits on the affected lots. 5. The grading plan at time of final subdivision approval shall conform to the final grades of the Lone Oak Road upgrade project as determined by Dakota County. 6. If street access to Lone Oak Road is not allowed by Dakota County, Commers Drive shall be constructed as a cul-de-sac. 7. The Final Subdivision plat shall dedicate 75 feet of half right-of-way from the final centerline alignment of Lone Oak Road, as determined by Dakota County. The developer shall provide all temporary construction easements necessary to accommodate the reconstruction of Lone Oak Road. Restricted access along the entire length of the development adjacent to Lone Oak Road shall be dedicated on the final plat, except in the area of the access for Commers Drive. 8. The developer shall obtain adequate drainage and ponding easement for the proposed pond in the northwest corner of the development from the adjacent property, Lot 4 of the Robert O'Neill Homesteads Addition. This easement shall incorporate the calculated high water level of the pond plus three feet. 9. The development shall be subject to an on-site ponding and supplemental cash dedication requirement to fully meet water quality mitigation obligations. 10. The City shall issue exemptions from regulation under the Wetland Conservation Act for the two potential wetland areas in the northern portion of the site. 11. The developer shall fulfill tree mitigation requirements by: a) installing 70 Category B trees (or some combination of Category A, B, or C trees to equal 70 Category B trees), in addition to any approved landscape requirements; and b) provide a cash mitigation in the amount of $20,184.00. 12. The developer shall provide additional landscaping on Lot 3, Block 1 to achieve 75% solid screening in front of the proposed parking lot and around the two northern most detention ponds. 13. The developer shall submit a revised landscape plan for staff review indicating the location, species and size of the mitigation trees and shrubs. The revised landscape plan shall be approved by staff prior to issuance of a building permit. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 15, 1997 PAGE 12 0<-'132 14. The developer shall install tree protective measures (i.e. 4 foot polyethylene laminate safety netting) at the drip line or at the perimeter of the Critical Root Zone, whichever is greater, of the significant trees/woodlands to be preserved. 15. The developer shall contact the City Forestry Division at least five (5) days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. Aye: 5 Nay: 0 Councilmember Awada moved, Councilmember Blomquist seconded a motion to approve a Variance to allow buildings and parking within the 100 foot buffer yard required where an I district is across the street from an R, A, or P district, subject to the following condition: 1. No trucks or loading areas shall be allowed on the east side of the building on Lot 1, Block 2. Aye: 5 Nay: 0 Councilmember Wachter moved, Mayor Egan seconded a motion to approve an advisory request for Dakota County to consider providing a median break for full access for Dart Transit and Eagan Business Commons. Aye; 5 Nay: 0 TIF DEVELOPMENT AGREEMENT, ROSEVILLE PROPERTIES NORTHWEST EAGAN REDEVELOPMENT TAX INCREMENT FINANCING DISTRICf (EAGAN BUSINESS COMMONS) City Administrator Hedges provided an overview on this item. He introduced staff members and other individuals who were present in the audience who helped to develop this agreement with Roseville Properties and acknowledged their hard work and efforts. Councilmember Awada asked how much money is available from the TIP District. Assistant to the City Administrator Hohenstein explained that this portion of development will generate approximately $2.1 million. Mayor Egan said that Dennis Ozment has a bill before the legislature that is questioning the use of TIF and implying that the but-for test is being ignored in determining appropriate uses for TIP. Hohenstein stated that the finding on the but-for test was made at the time the district was originally formed and this is an activity within the district. He explained the purpose of the City's annual local contribution. Councilmember Masin added that Dennis Ozment was at the Dakota County League of Governments breakfast and he complimented the City of Eagan on how well it uses TIF. Councilmember Masin asked if the 100-year old house in the area has any historical significance. Councilmember Wachter stated there was no salvaging this house. Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve a resolution authorizing activities in tax increment district #3 and approving the development agreement and tax increment note for acquisition activities associated with the development of the Eagan Business Commons. Aye: 5 Nay: 0 Councilmember Blomquist said she would like pictures of the 100-year old house taken prior to it being torn down. Daniel Commers, Roseville Properties, thanked the Council and said this will be a nice project and he stated that staff did an excellent job working with them the last three months. He commented that he has worked in most municipalities in the Twin Cities, Florida, Colorado and also the City of Des EAGAN CITY COUNCIL MEETING MINUTES; APRIL 15, 1997 PAGE 13 OUi33 Moines and he has not had a better relationship than he has had here in the last three months. He further said they look forward to working with the City and doing other projects. JOINT POWERS AGREEMENT - DAKOTA COUNTY HRA NORTHWEST EAGAN REDEVELOPMENT TAX INCREMENT FINANCING DISTRICf, ACQUISITION AND RELOCATION SERVICES City Administrator Hedges provided an overview on this item. Assistant to the City Administrator Hohenstein said that staff feels the contract cost being requested by Dakota County BRA is fair and reasonable. Councilmember Awada moved, Councilmember Masin seconded a motion to approve a Joint Powers Agreement with Dakota County HRA to provide acquisition and relocation services as necessary for the Northeast Eagan redevelopment financing district. Aye: 5 Nay: 0 City Administrator Hedges commented that staff also enjoyed working with Roseville Properties' development team and he thanked the staff for their hard work as well. Mayor Egan expressed his appreciation for the work of Steve Rosholt, bond counsel from Faegre and Benson and Dave MacGillivary, fiscal consultant from Springsted. CONSOLIDATION OF ORDINANCE NO. 205 - OFF-STREET PARKING & OUTDOOR STORAGE AS CONDITIONAL USE City Administrator Hedges provided an overview on this item. Councilmember Awada stated that the purpose of this ordinance was to provide extra parking lots. She said that this ordinance needs to be tightened up and more defined. City Attorney Sheldon noted that if the Council provides direction changes can be made to the ordinance. Councilmember A wada added that she wants the ordinance to allow items such as parking lots and outdoor storage under conditional use permits so long as the use is servient. She further added that she would like the ordinance to provide the Council with flexibility and discretion to make decisions on the appropriateness of outdoor storage to ensure that it is compatible with the surrounding land uses. Councilmember Blomquist referred to the minutes when Ordinance 205 was adopted and stated it is clear that the Council never intended to lighten up on outside storage. She agreed that the ordinance needs to be tightened up. City Attorney Sheldon said that they will work with staff to draft the appropriate language for Council's review at the April 29 work session and then it will be presented to the Planning Commission at their May meeting. LEGISLATIVFJINTERGOVERNMENJ;'AL~AlRS City Administrator Hedges noted that he has had discussions with Representative Pawlenty regarding the road connection fee charges and it does not appear that there will be any legislation presented this year. He said that it would be appropriate to approach legislation through the committee process both in the Association of Metropolitan Municipalities and the League of Minnesota Cities. He further said that the matter regarding payback of fees will be ongoing in District Court for possibly up to a year. City Administrator Hedges stated that he and Director of Public Works Colbert attended a meeting last Friday to discuss some issues regarding the TH 13 corridor. He further stated that it was decided that members of the legislative delegation should be asked for their help in approaching Mn/DOT. He commented that he appreciates Colbert's work on this issue. Councilmember Wachter asked if a request will be made to Mn/DOT for access to 494. Colbert stated that Mn/DOT has indicated the access issue is under Metropolitan Council control. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 15, 1997 PAGE 14 00134 1l\,DMINISTRAl'IVF:.A,GENDA, CARRIAGE HILLSjRAHN ASSESSMENT APPEAL SETnEMENT - PROJECf 638 This item was moved to the Consent Agenda. GOPHER ASSESSMENT APPEAL SETTLEMENT - PROJECf 638 This item was moved to the Consent Agenda. PROPOSED LEGISLATION/CLASSIFICATION OF 911 EMERGENCY DISPATCHERS City Administrator Hedges provided an overview on this item. Councilmember A wada moved, Councilmember Blomquist seconded a motion to adopt supporting the classification of 911 emergency dispatchers as essential employees and to direct staff to communicate that position to the City's legislators. Aye: 5 Nay: 0 V ACATE PARTIAL PONDING EASEMENT - LOT 25, BLOCK 1, CANTERBURY FOREST Director of Public Works Colbert gave a staff report. Councilmember Awada moved, Mayor Egan seconded a motion to receive a petition to vacate a portion of a ponding easement over Lot 25, Block 1, Canterbury Forest, and schedule a public hearing to be held on May 6, 1997. Aye: 5 Nay: 0 AUTHORIZE SOLICITATION OF ENGINEERING PROPOSALS INVER GROVE HEIGHTSjEAGAN JOINT WATER TOWER Director of Public Works Colbert gave a staff report. Councilmember Masin asked if it would be appropriate to authorize this before the global joint powers agreement is passed. Councilmembers Wachter and Blomquist concurred. Colbert noted that there are other sites available to locate the water tower on; however, he said they are not as economical or as efficient as the site in the southeast area of Eagan. He further noted that if the Council would like the tower to be built closer to existing Eagan residential properties other sites could be explored. He clarified that this is only a request to solicit proposals from engineering firms and the process needs to begin now if a tower is to be on line by June of 1998. Councilmember Blomquist stated that she feels other sites should be examined providing the City Council with other options. Director of Public Works Colbert said that he would like to have an engineering firm secured for this project in order to meet the schedule and provide an adequate water supply by the summer of 1998. Mayor Egan asked where the City is in regard to the joint powers agreement with Inver Grove Heights. City Attorney Sheldon said that the revised agreement should be ready by tomorrow. Councilmember Awada asked Councilmembers about their opinion of the joint powers agreement. Mayor Egan said that no Councilmember has indicated they want to change their vote from before. Councilmember A wada stated that the Council needs to make a final vote on the joint powers agreement. Councilmember Masin moved, Councilmember Awada seconded a motion to authorize the Public Works Department to solicit Requests for Proposals for professional engineering services for a 1 MG hydro pillar water tower, site unspecific. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; APRIL 15, 1997 PAGE 15 OC135 VISITORS TO BE HEARD Bill Heine, 1480 Diffley Road, stated that he and his sister, Laura Burbach, 1490 Diffley Road, were late for the public hearing for Project 715 and asked if they could still have an opportunity to present their concerns. He said they do not have access to Heine Strasse and they object to the proposed assessments for Project 715, Heine Strasse (Street Resurfacing). Councilmember Blomquist said the reason she voted no on this item was because these two property owners do not receive any benefit. She added that the City has not done enough to keep up with the maintenance of this road. Mayor Egan noted that these two properties should be deleted from the assessment and the other assessments should remain at the same amount as was approved during the public hearing with the City absorbing the difference. Councilmember Wachter stated that if Lot 2 connects in the future it would have to be assessed. City Attorney Sheldon commented that the only way to require the property owner of Lot 2 to pay in the future would be to have an agreement with them. Director of Public Works Colbert noted that these properties were assessed when c.R. 30 was upgraded. Councilmembers concurred that they should be deleted from the assessment on Heine Strasse. Councilmembers Wachter and Awada concurred with the amendment to their earlier motion with the understanding that Lots 1 and 2 will be deleted from the assessment with the amount of the assessment to each of the remaining 14 parcels not to exceed 1/16th of the assessable cost. Councilmember Masin asked why these two property owners were included as part of ~ assessment. Director of Public Works Colbert indicated that this issue was brought up when the feasibility report was presented a month ago and the direction by Council was to include all properties in this neighborhood in the assessment. Councilmember Blomquist said that the Council must be able to show benefit to homeowners who are assessed. ROUNDTABLE Senior Planner Freese referred to the development review survey and they said they will be printing the survey and sending it out to all applicants who applied during 1996 and those who have applied to date in 1997. She also referenced a memo requesting guidance from the Council regarding zoning of the south 80 acres of Eagandale Corporate Center No.2. She said that City Attorney Dougherty stated that if the Council deemed it appropriate to initiate a rezoning they should initiate it on the entire 80 acres rather than just the perimeter lots. Councilmember Masin asked if this area is still under consideration for the central park. Councilmember Wachter stated that this site is not feasible for the central park because it is too expensive. Councilmember A wada moved, Councilmember Wachter seconded a motion to initiate rezoning of the southern 80 acres of Eagandale Corporate Center No.2 from I-I to Business Park with the Advisory Planning Commission to hold a public hearing May 27, 1997. Aye: 5 Nay: 0 Councilmember Awada asked about the Bieter property and if a request had been initiated by the Council to change the zoning or make a guide plan change. City Administrator Hedges noted that there is an application before the City Council for this property. He commented that the applicant and the landowner know the Council's intention was to designate the development of this area as single family homes. City Attorney Sheldon noted that there would be an Executive Session following the Council meeting to discuss pending litigation and labor negotiations. Councilmember Wachter asked about the signs that have appeared in the City regarding losing weight. He said he is opposed to these signs and further said they should be removed. He also asked if the schedule of cellular antennas is to be attached to the new reservoir. Director of Public Works Colbert explained that there are lease agreements with three different vendors on five different reservoirs and EAGAN CITY COUNCIL MEETING MINUTES; APRIL 15, 1997 PAGE 16 OC'136 there are also two new vendors awaiting the application process. Discussion took place about the painting of the logo and the location of the antennas. Councilmember Awada stated that the Council should discuss the appropriate placement of Children at Play signs. She further stated that the engineering warrants differ from human assurances. She said that if the warrants are going to be adhered to at all times other alternatives to address speed issues should be explored. Mayor Egan noted that the Council needs to be somewhat flexible in the standards that are applied. Councilmember A wada commented that the criteria should be evaluated and determined if they are too narrow. Councilmember Blomquist said that she had a request to address the problem of youth speeding on Yorktown Drive. She suggested that the Police Department should be involved in identifying solutions to address the problem of speeding in residential neighborhoods. She agreed that the criteria should be changed to fit the needs. Councilmember Blomquist moved, Councilmember A wada seconded a motion to discuss the problem of speed in residential neighborhoods and identify options to address the problem at an upcoming Council work session. Aye: 5 Nay: 0 Councilmember Masin commented on the Teen Speak Out meeting held on April 13 and noted that the next meeting will be held on May 4. She said a review of all the issues that were raised will be discussed at the Council work session on April 29. Councilmember Wachter asked what the meeting accomplished. Councilmember Masin explained that teen programming and a teen center were discussed. Councilmember Wachter noted that the City has tried three teen centers already. Councilmember Masin clarified that these topics will be further discussed at the next meeting. . Councilmember Blomquist stated that she has an appointment made with one of the clergy in town to discuss this subject. She further stated that discussion needs to occur with representatives of the schools and the clergy to involve them and avoid duplication of something that is already being provided to teens. Councilmember Awada said that the meeting for May 4 has already been set. Councilmember Masin mentioned that the teens were informed that the meeting was just an opportunity for them to express their ideas and not a wish list. City Administrator Hedges noted the various items to be discussed at the April 29 work session. Councilmember Masin said that the City is not providing enough opportunities for teens. Councilmember Blomquist added that if Councilmember Masin wants to conduct this meeting on May 4 she will be on her own and further added that the Council never agreed to anything collectively. Mayor Egan commented that the meeting on May 4 should be sanctioned and after that meeting the Council should resolve the issue. Councilmember Blomquist stated that no further meetings should be set until the Council decides what direction they want to take. Councilmember Blomquist informed the Council that no changes in flights are anticipated with the purchase of Express Airlines by Northwest. She commented on notification received about outside storage being considered at a house on Pilot Knob Road. City Administrator Hedges stated that staff has received a couple of letters regarding general maintenance of residential properties. He added that the City of Burnsville imposes certain restrictions regarding general maintenance of residential property. He further added that staff is beginning to receive some calls regarding maintenance issues and at some point that will need to be addressed. Councilmember Blomquist said that the Miller's received a letter from City staff stating they have to respond to the landscaping plan proposed by Johnson's Richfield Blacktop by May 1. She added that the date should be pushed back and the outside storage should be addressed. Senior Planner Freese indicated that staff is trying to bring closure to the landscape plan. Mayor Egan said that he would like to see compliance as soon as possible unless there is a legitimate reason for a continuance. Freese stated that there was a condition of approval that indicated that the landscaping plan was to be negotiated between the Millers and the Johnsons and the Millers have not responded to the plan yet. City Administrator Hedges added that a summary of the action and the letters to date could be provided to the Council in the Informative Memo. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 15, 1997 PAGE 17 00137 Councilmember Blomquist commented on the Professional Service Agreement proposed by Northern Environmental in regard to lead sampling. She added that it should be known where the lead samples are to be taken and what the legal ramifications are. She further added that the cost is excessive and she suggested that bids should be received for this work. City Administrator Hedges restated the Council's direction that staff should look at a couple of other firms and get cost estimates and indicate where the samples are to be taken and what the legal ramifications may be. Councilmember Masin asked if the City Council and advisory commission agendas could be placed on Channel 16. CHECK REGISTER Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register dated April 10, 1997 in the amount of $1,417,940.20. Aye: 5 Nay: 0 Councilmember Blomquist had some questions on the bills. ADJOURNMENT The meeting adjourned at 10:20 p.m. to an Executive Session. MLK April 15, 1997 Date ~. 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, (fDD 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.