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10/21/1997 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota October 21, 1997 00332 A regular meeting of the Eagan City Council was held on Tuesday, October 21, 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 Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. IG~,A City Administrator Hedges stated that the City Council might want to consider a couple of the items on the Administrative Agenda at the time of Department Head Business. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 I!IN~ O~/tHE()ctOBER 7, 199ZREGtJLAR MEETING Councilmember Blomquist moved, Councilmember A wada seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 ~SOFTHEOcrOBER7;1997 SPECIAL MEETING Councilmember Blomquist moved, Councilmember Awada seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 MiNUTEs OF THE SEP'l'EMBER 30, 1997 SPECIAL MEETING !',';o.c.,',,,.,:.,,.. ......... '____'w',_,_,".,: . ,.c.".,..,,:,....... ..... .,. :.'-"_'_' .-,.--., ...,....__,... c."., . .....,,'.,..:. ,. ,.........:,:.:: ',. :c/,....:...._.:.'.:.:..... ,_,:,'",:::,_'_',_.___ .,_:J',,>_,_:::'. ..... ,_ ...... Director of Public Works Colbert asked the Council to clarify if their intent with regard to Project 715 was to have the final assessment roll prepared based on the estimate contained in the feasibility report presented at the public hearing or to prepare it according to the minutes. Councilmembers concurred that the final assessment roll should be prepared according to the feasibility report and agreed that on page 5, the third sentence in the third paragraph under Special Assessment Policy for Projects 714 and 715, should be changed as follows, "After reviewing the reasons for the increase, City Councilmembers directed the Public Works Director to prepare the final assessment roll for Project 715, based on the estimate contained in the feasibility report presented at the original public hearing". Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 ~m'Alt~HB4.l)BqSJNESS APPROVE CONVENTION AND VISITORS BUREAU BUDGET City Administrator Hedges provided an overview on this item. Ann Carlon, Executive Director with the Eagan Convention and Visitors Bureau, commented on the economic impact the hospitality industry has had on the City of Eagan this past year. She mentioned that two new hotels are planned to be opened in the City in the near future. Mayor Egan stated that the hospitality industry is very successful and everyone is a benefactor in the City. He added that it enhances the quality of life in Eagan. Councilmember Blomquist thanked Ms. Carlon for her efforts and hard work. EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 21, 1997 PAGE 2 00333 Councilmember Masin moved, Councilmember Wachter seconded a motion to approve the 1998 fiscal year Convention and Visitors Bureau budget. Aye: 5 Nay: 0 l)2~ti;l5.TRA:rtvE ~GENDA FIRE ADMINISTRATION BUILDING COMMUNICATIONS USES City Administrator Hedges provided an overview on this item. Councilmember Awada suggested that this item be discussed in further detail at a future Special City Council meeting. Councilmembers concurred. ~~~EN'(~GENDA In regard to Item lA, Personnel Items - Resignation of Lisa Freese. Senior Planner. City Administrator Hedges recognized Ms. Freese for her contributions to the City and stated that she was very involved with the Eagan Promenade project and the direction she provided will be missed. Mayor Egan stated that Ms. Freese has provided professional input and analysis to the City. In regard to Item J, Contract 96-01. approve Change Order No.5 (Eagandale Corporate Center Phase I - Street & Utility Improvements), Director of Public Works Colbert noted that there may be a potential discrepancy with the change order and he requested the item be continued indefinitely. Councilmembers agreed to a continuance. In regard to Item M, Project 724. receive report/ approve project/ order plans (Southern Lakes Water Tower), Councilmember Wachter asked if it was necessary to make a determination regarding the type of water tower. Director of Public Works Colbert explained that there are two primary designs that are being considered and he presented pictures of each. Tom Roushar, Bonestroo, Rosene, AnderIik & Associates, commented that the third design option that is not being pursued is the legged tower. He said the construction of this tower would probably result in savings of 10% initially but the maintenance costs would be far greater than the other two designs. He explained the advantages of the other two designs. Director of Public Works Colbert noted that bids will be obtained for two of the three designs and detailed plans and specifications will be presented to the City Council at the next City Council meeting. In regard to Item N, Project 95-FFF. find developer in default of development agreement (DeLosh Addition), Councilmember Blomquist stated that she was concerned about the City not being able to work with the developer regarding this development. She questioned if this was the old DeLosh Addition. Director of Public Works Colbert explained that this is a new subdivision of the old DeLosh property . A. Personnel Items Item 1. It was recommended to accept the resignation from Lisa Freese, Senior Planner in the Community Development Department. Item 2. It was recommended to accept the letter of resignation from Linda Marlin, part..time Receptionist for the Police Department. Item 3. It was recommended to approve the hiring of Michele Knabe as a part-time seasonal Skating Instructor. Item 4. It was recommended to approve the hiring of Melissa Berg as a part-time seasonal Skating Assistant for the Civic Arena. EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 21. 1997 PAGE 3 00334 Item 5. It was recommended to approve the hiring of Jennifer Hoops as a temporary Computer Design Intern for the Parks Planner 1 Landscape Architect. Item 6. Informational only. The name of the person to be hired for the part-time Dispatcher in the Police Department is Mary Jo Eilers and the name of the person to be hired for the part-time Building Maintenance Worker is Eric Hollo. B. Set public hearing. final assessment of delinquent weed cutting. false alarm and garbage pick up/clean up bills. It was recommended to set a public hearing for November 18, 1997 to consider the final assessment of the delinquent weed cutting, false alarm and garbage pick up 1 clean up bills and certify them to Dakota County for collection with property taxes. C. Approve City Investment Policy. It was recommended to approve the City Investment Policy. D. Approve 1997 General Fund Budget adiustments and transfer from Sperry TIF Fund. It was recommended to approve the 1997 General Fund Budget adjustments and to amend the Sperry TIF budget and authorize the transfer of the fund balance to the General Fund. E. Approve Police Liaison Services Agreement: School District #197 and the Cities of Eagan. Mendota Heights and West St. Paul. It was recommended to approve the Police Liaison Services Agreement: School District #197 and the Cities of Eagan, Mendota Heights and West St. Paul. F. Confirmation of Findings of Fact. Conclusions & Resolution of Denial. Northwestern Mutual Life Insurance Company. variance for a reduction in the amount of mitigation required by the Tree Preservation Ordinance for Lot 3, Block 1, Eagandale Office Park 3rd Addition. It was recommended to confirm the Findings of Fact, Conclusions and Resolution of Denial of a variance request for the reduction in the amount of mitigation required by the Tree Preservation Ordinance for the removal of trees on Lot 3, Block 1, Eagandale Office Park 3rd Addition located in the northeast quarter of Section 3. G. Purchase agreements. Hig:hway 55 Redevelopment District. Dennis and Linnea Klingel. 2795 Linde Lane and 912 Lawrence Avenue, and Tames and Toann Loewen. 2779 Linde Lane. It was recommended to approve purchase agreements as part of the Highway 55 Redevelopment District for Dennis and Linnea Klingel in the amount of $175,000 for property at 912 Lawrence, Dennis and Linnea Klingel and Nels Linde in the amount of $180,000 for property at 2795 Linde Lane and James and Joann Loewen in the amount of $115,000 for property located at 2799 Linde Lane. H. Recommendation. Airport Relations Commission. preliminary comments on extension of Runway 4- 22 for Hong Kong non-stop service. It was recommended to approve a recommendation by the Airport Relations Commission in response to the scoping document for the Runway 4/22 extension and environmental assessment relative to non-stop Hong Kong service from Minneapolis/St. Paul. 1. Project 711. receive final assessment roll. Denmark Avenue (Town Centre 70 - Sidewalk). It was recommended to approve the final assessment roll for Project 711 (Denmark Avenue and Town Centre 70 - Sidewalk) and authorize its certification to Dakota County for collection. J. Contract 96-01, approve Change Order No.5 (Eagandale Corporate Center Phase I - Street & Utility Improvements). It was recommended to approve Change Order NO.5 to Contract 96-01 (Eagandale Corporate Center Phase I - Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. (This item was continued indefinitely.) EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 21. 1997 PAGE 4 00335 K. Contract 95-DD. acknowledge completion/ authorize City maintenance (Cliff Lake Shores - Utility Improvements). It was recommended to acknowledge the completion of Contract 95-DD (Cliff Lake Shores Addition - Utilities) and authorize perpetual City maintenance subject to warranty provisions. L. Project 688. amend pending assessment roll (Eagan dale Corporate Center). It was recommended to amend the pending assessment roll for Project 688 (Eagandale Corporate Center - Streets & Utilities). M. Project 724. receive report/ al'prove project/ order plans (Southern Lakes Water Tower). It was recommended to receive the feasibility report and approve Project 724 (Southern Lakes Water Tower) and authorize the preparation of detailed plans and specifications. (Councilmembers Wachter and Blomquist opposed this item.) N. Project 95-FFF. find developer in default of development agreement (DeLosh Addition). It was recommended to find the developer Wayne Brekken, of Project 95-FFF (DeLosh Addition) in default of the development agreement with the City of Eagan and to authorize City staff to draw upon the developer's Letter of Credit to correct the deficiencies. O. Contract 96-02. approve final payment/ authorize City maintenance (Well No. 18 - Site Improvements). It was recommended to approve the final payment for Contract 96-02 (Well No. 18 - Site Improvements) in the amount of $12,879.34 to Brown & Cris, Inc., and to accept the improvement for perpetual City maintenance subject to warranty provisions. Councilmember Awada moved, Councilmember Masin seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 ~t..IQl,JEA.t4NGS PROJECT 668, LONE OAK RD. (NEIL ARMSTRONG THROUGH TH 55/149) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert introduced Mark Hanson of Bonestroo, Rosene, AnderIik & Associates, Inc. Mr. Hanson provided the details of the project. Mayor Egan noted that Dakota County Engineer Dave Everds and County Commissioner Patrice Bataglia were present at the meeting. Councilmember Masin stated that it would be safer to construct a bridge to accommodate the railroad crossing. Mr. Hanson explained the cost savings that would result in constructing an at-grade crossing rather than a bridge. Director of Public Works Colbert provided further rationale for constructing an at-grade crossing versus a bridge stating that an at-grade crossing will be safer since signals and crossarms will also be installed and a bridge will create site distance restrictions for adjacent industrial accesses. Mayor Egan opened the public hearing to anyone wishing to speak. Brian Hanes, a resident on the east side of Highway 55, stated he was concerned about the impact of this project on the residents and on the storm sewer system, the project cost and the steepness of the sides of the pond. Public Works Director Colbert explained that there will be no restriction to his driveway access. He added that easements may need to be acquired from him to accommodate the transition to the existing road and that there may be some impact to his driveway during construction. He further added that there are no assessments proposed to his property under this project because he is beyond the scope of the permanent improvement. John Wynseg, a resident on the south end of Lone Oak Road, asked about the grade of the road in front of his property and whether he could have another driveway access. Public Works Director Colbert indicated that the project is not proposed to extend across the front of his property and it would not be possible to get another driveway access onto Lone Oak Road because of the proximity to the existing EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 21. 1997 PAGES 00336 access. He added that they try to consolidate as many access points as possible rather than granting new ones. Mr. Wynseg said he hopes the corner of Lone Oak Road and Highway 55 will be designed correctly to diminish the number of accidents that are occurring there at this time. Walter MuehIegger 715 Lone Oak Road, asked what improvements are proposed in front of his property and the impact to his driveway. Public Works Director Colbert explained that there is no significant construction planned in front of his house and the construction is not proposed to impact his driveway. Mr. MuehIegger stated that there is a knoll to the east of him that creates a safety problem. Public Works Director Colbert noted that the continuation of the improvement to Lone Oak Road is programmed for sometime within the next five years and the site distances will be improved. Mr. MuehIegger asked if his home will be acquired by the City when Lone Oak Road is widened in the future. Public Works Director Colbert said that if Lone Oak Road is widened in the future there is not enough right-of-way on his property to accommodate the ultimate design section and there will need to be acquisition of land from him but it should not require the taking of his house. Mr. MuehIegger stated that there were drawings that indicated the right-of-way would go right through his garage. Public Works Director Colbert indicated that the early generation of preliminary right-of-way drawings were based on alignment and typical cross-sections and would be refined in final design. He added that the City is trying to project a long-term alignment that will not impact the structures of the homes in the area. Mr. Muehlegger asked if the City would be removing the houses in this area since this is a commercial park area now. City Administrator Hedges stated that this area is east of the economic development and TIF district. Bob Burrows, property owner at Lone Oak Road and Lunar Lane, asked what will happen to Lunar Lane. Public Works Director Colbert explained the proposed impact to Lunar Lane. Gary Santoorjian, Dart Transit, asked if they will have right-in/ right-out access for their employee parking lot. Public Works Director Colbert stated that there will be full access for truck traffic and a right-in/right-out access for the employee parking. Mr. Santoorjian said they support the at-grade crossing because it will accommodate their trucks better and more safely. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. Councilmember Masin questioned putting in an at-grade crossing in the middle of a major street. She said this presents safety and convenience problems. Councilmember Wachter added that a bridge would be too costly to construct. Mayor Egan concurred stating that the at-grade crossing is the best solution. Councilmember Wachter moved, Councilmember Awada seconded a motion to close the public hearing and approve Project 668, Lone Oak Road (Neil Armstrong - TH 55/149). Aye: 4 Nay: 1 (Councilmember Masin opposed) Councilmember Masin stated the reason she voted against this item was because she is not comfortable with installing an at-grade crossing. Councilmember Awada said that when Lone Oak Road is expanded in the future the City should determine if the houses in this neighborhood should remain there or be removed. PROJECT 700, FINAL ASSESSMENT HEARING (HALL ST. & TH 3 SERVICE RD. - UTILITIES) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. David Kohlhoff, 4880 Dodd Road, stated that the options for subdividing his property were informative but he added that they do not have any plans to subdivide the property in the future. Councilmember Blomquist stated that three of the options require Mr. Kohlhoff to connect to water and EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 21. 1997 PAGE 6 00337 sewer which is not what they want to do at this time. She said they do not benefit at this time. She further said they would receive more benefit from connecting to utilities installed along Dodd Road. Councilmember Awada noted that she had requested drawings of possible subdivision options to determine where a logical lot split could occur and where the property owners would obtain their utilities from. She noted that the Kohlhoffs could potentially have three buildable lots. Heidi Kohlhoff asked if they could defer the assessment until the property is subdivided. Mayor Egan stated that the discussion at the last City Council meeting was focused on creating a fair deferment for their property. There being no one else wishing to speak, he turned the discussion back to the Council. Discussion occurred on where the lot split should occur. Councilmember Blomquist noted that the Council is trying to determine where lots will be located on the Kohlhoff property which may never occur. She said that since the Kohlhoffs take access off Dodd Road the assessment should be deferred until such time that development of the property or connection occurs. She further said they should be assessed according to the prevailing rates at the time of the assessment, subject to the establishment of benefit. Councilmember Blomquist moved, Councilmember Masin seconded a motion to defer the assessment to Parcel 032-03 until development of the property or connection to utilities occurs on the lot, subject to an agreement with the property owner. Aye: 5 Nay: 0 Public Works Director Colbert suggested an agreement be prepared outlining the conditions of the deferment. Mayor Egan concurred. City Attorney Sheldon stated that the Council has the ability to assess and defer undeveloped property absent an agreement but since this property is already developed it is necessary to defer the assessment by an agreement. Councilmember Wachter added that if their well or septic fails they will have to connect to City utilities. Councilmember A wada moved, Councilmember Masin seconded a motion to close the public hearing and approve Project 700 (Hall Street & Hwy. 3 Service Road - Utilities) as modified and authorize its certification to Dakota County. Aye: 5 Nay: 0 Itl)BtJSINE$$ WUTHERING HEIGHTS ROAD DRAINAGE ISSUE City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Charlotte Sommers, 2135 Wuthering Heights Road, stated that she does not understand why the Public Works Committee is recommending Option #4. She said that her concerns have been reduced to a private drainage and erosion problem. She further said that other neighbors are affected by this problem too. She stated that the City should be responsible for correcting the situation. Councilmember Wachter said that this situation is a private matter because it involves her private driveway. He suggested that if her neighbors want the road improved they should sign a petition requesting the improvements. He stated that the Council does not resolve disputes between neighbors. Councilmember A wada concurred. Mayor Egan added that Ms. Sommers may need to seek legal action to resolve this dispute. Councilmember Masin questioned why Ms. Sommers is experiencing this erosion problem. Public Works Director Colbert provided clarification. EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 21, 1997 PAGE 7 00338 Betty Basset, 2101 Wuthering Heights Road, provided a history on the neighborhood stating that Wuthering Heights Road is a private road and the majority of the neighbors do not want the road improved. Councilmember Wachter moved, Councilmember Blomquist seconded a motion to approve the Public Works Committee recommendation reaffirming the private nature of the erosion problems at 2135 Wuthering Heights Road with no City action to be taken. Aye: 5 Nay: 0 REVIEW DAKOTA COUNlY 5-YEAR CAPITAL IMPROVEMENT PROGRAM (1998-2002) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report noting that there are two issues for the Council to resolve: the upgrade to Cliff Road from ChesMar to Lexington and the extension of Lone Oak Road from TH 55 - County Road 63 in Inver Grove Heights. Councilmember Awada asked how important it is to construct the extension of Lone Oak Road in conjunction with Inver Grove Heights or if it could be done at different intervals. Dakota County Engineer Dave Everds stated that Inver Grove Heights has other things going on at this time and are limited in their financing until the year 2000. He said the County would prefer to construct both segments at the same time in the year 2000. Councilmember Awada added that she would like to let the people who live in the area know when to expect the extension. Councilmember Masin stated that she is concerned with the timing of the improvement at Diffley and Rahn Road. She further stated that a signal is needed and she asked when it will be installed. Public Works Director Colbert explained that the County has started to analyze that intersection and would like to meet with the City Council at a work session to determine what option should be pursued. He said it is the number one intersection in Dakota County needing signalization. He further said the recommendation is to carry the study into 1998 and the results will determine when construction should be programmed, if feasible. Councilmember Wachter stated he does not object to the upgrade to Cliff Road in 1998 or the extension of Lone Oak Road in 2000. Mayor Egan noted that a letter was received from Ken and Diane Olinger stating their opposition to installing medians at Parkcliff or Parkridge Drive. Kristi Soderling, 4657 Park Cliff Drive, requested the upgrade to Cliff Road be constructed in 1998. She stated that walking along Cliff Road is dangerous and added that turning lanes should be provided to ensure safe turning into the neighborhood. She requested the intersection at Cliff and Parkridge Drive be left open for safety and convenience reasons and she said the vast majority of the residents support this also. She also requested the City work with the County regarding the stipulation that there cannot be open medians at both ParkcIiff and Parkridge Drive. She cited reasons supporting leaving the median open at Parkridge Drive versus leaving the median open at Oak Chase Road. Roxanne Flett, 4654 Parkridge Court, said that she was told the upgrade to Cliff Road was going to be included in the 1995 Dakota County CIP. She further said that the shoulders along Cliff Road are dangerous to walk on. She stated that the medians at Oak Chase Road and Parkridge Drive should be left open. She urged the Council to request the upgrade to Cliff Road be completed in 1998. Sandy Fredrickson, 4590, Oak Chase Road, stated that access to Cliff Road from Oak Chase Road should be left open. She further stated that safety is their main concern. EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 21, 1997 PAGE 8 00339 Dal DeWolf, 4561 Oak Chase Circle, stated he spoke at a City Council meeting in 1996 about the improvements to Cliff Road and at that point the City Council decided to defer them until 1998 or 1999. He said there were a number of people present that evening who objected to the improvement to Cliff Road. He further said that the people present that evening are probably not aware that the issue is being discussed tonight. He wanted to ensure that the comments made this evening are not representative of the overall view of the community with regard to these improvements. Mayor Egan stated that Mr. DeWolf raised a good point. He said there were very significant and realistic reasons why the project was denied previously. He further said that he hopes these unresolved issues will be addressed when the project is before the Council in the future. He commented that the action before the Council this evening is to provide comments and responses to Dakota County regarding their 5-Year Capital Improvement Program and this is not to hold the public hearing. Councilmember Blomquist noted that the reason for discussing access onto Cliff Road from Oak Chase Road was precipitated by the Parkcliff development and their concerns for keeping both roads open. She said that design detail for Cliff Road will be looked at later, but what is being addressed at this time is the three entrances onto Cliff Road. She further said that both of the neighborhoods were designed with these entrances and that was a strategic part of the planning. She stated it is important that the three accesses remain open. Katherine Karpinsky, 4553 Oak Chase Way, asked if it was possible to leave all three accesses open. Public Works Director Colbert explained that Cliff Road is a County road and a major thoroughfare and the County has safety concerns with leaving all three accesses open. Ms. Karpinsky added that they want to pursue maintaining access in and out of their neighborhood safely. Dakota County Engineer Dave Everds commented that no median breaks were constructed on Pilot Knob Road in order to try and get Pilot Knob Road built ten years ago through an agreement with the Council. He stated that there is a good possibility that one or two of the median breaks on Cliff Road west of Pilot Knob Road will need to be closed in the near future to comply with the County's spacing guidelines. He further stated that although something was designed ten years ago it may not be suitable today. He said the intent is to provide a through street system and adhere to safety standards. He further said they are not able to recommend leaving both openings open and he would recommend closing the median at Oak Chase Road. Steve Boehm, 4576 Oak Chase Road, commented on safety issues. Councilmember Wachter asked for clarification about Councilmember Blomquist's position at the Public Works Committee meeting where she stated there were a lot of people who wanted to close the access to Cliff Road from Oak Chase Road. Councilmember Blomquist stated that in her conversations with some neighbors during meetings held this summer they had requested the road be closed off. She further stated that it would be impossible to close this road because there are 700 plus average daily trips on Oak Chase Road to Cliff Road. Councilmembers concurred with programming the upgrading to Cliff Road in 1998 and extending Lone Oak Road from Highway 55 to CR 63 to the year 2000. Councilmember Wachter moved, Councilmember Awada seconded a motion to provide comments to Dakota County regarding their proposed 5-year Capital Improvement Program (1998-2002) to accelerate the Cliff Road upgrade (ChesMar to Lexington) to 1998 and to move the Lone Oak Road improvement (fH55 - CR 63 (IGHT's) to the year 2000. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 21, 1997 PAGE 9 00340 ~BUSlNESS PLANNED DEVELOPMENT AMENDMENT & PRELIMINARY SUBDIVISION RAHN RIDGE ASSOCIATIONS City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a Preliminary Subdivision (Rahn Ridge Third Addition) consisting of two lots on 2.42 acres currently platted as Lot 2, Block 1, Rahn Ridge Second 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: AI, Bl, Cl, C2, C4, Dl and El 2. The property shall be platted. Access/Street Desi~ 3. An easement for joint parking between Lots 1 and 2 shall be prepared and submitted to the City Attorney for review and approval prior to final subdivision approval. The easement shall be recorded with the plat. Parks and Recreation 4. Water quality mitigation shall be met through a cash dedication in lieu of on-site ponding. 5. Parks and trails dedications shall be fulfilled through a cash dedication. Aye: 5 Nay: 0 Councilmember A wada moved, Councilmember Wachter seconded a motion to approve a Planned Development Amendment to allow construction of an office building on proposed Lot 1, and a medical/ dental clinic on proposed Lot 2, Block 1, Rahn Ridge Third Addition. Approval of the Planned Development Amendment will create a new Preliminary Planned Development for both Lots 1 and 2 subject to the following conditions: 1. A Preliminary Planned Development Agreement shall be executed prior to final subdivision approval. The Agreement shall be recorded at the County Recorder's office with the plat. 2. The term of the Preliminary Planned Development shall be five years. 3. The following exhibits are required for the Planned Development Agreements: Preliminary Planned Development: Preliminary Site Plan Preliminary Landscape Plan final Planned Development: final Site Plan final Landscape Plan EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 21, 1997 00341 PAGE 10 Preliminary Building Elevations Final Building Elevations Final Site Lighting Plan 4. All building, parking/ drive aisles, and landscaped areas shall be properly maintained. Trash Enclosure 5. All trash/recycling containers shall be stored within the principal buildings or shall be within an enclosure attached to the principal structure, consistent with City Code requirements. Landscaping 6. Prior to final subdivision approval, the landscape plan shall be revised to include grading contours. Architecture/Building Elevations 7. The clinic on Lot 2, Block 1, Rahn Ridge 3rd Addition shall be constructed with exterior materials of brick, siding and asphalt shingles with a gabled roof as shown on the building elevation plans dated August 26,1997. The exterior materials shall be compatible with that of the existing office building on Lot 1, Block 1, Rahn Ridge 2nd Addition. 8. The proposed office building on Lot 1, Block 1, Rahn Ridge 3rd Addition shall be consistent with the building elevation plans dated January 2, 1997, last revised February 7,1997. For consistency within the Planned Development, the exterior materials shall be compatible with that of the existing office on adjacent Lot 1, Block 1, Rahn Ridge 2nd Addition. Signage 9. One ground sign not exceeding seven feet in height is allowed for each lot. All signage shall comply with City Sign Code provisions for location, size, setbacks and height. Lighting 10. A photometric lighting plan shall be submitted prior to Final Planned Development approval. For security reasons, lighting shall not be less than one footcandle throughout the parking lot. Parking lot light fixtures shall be shielded and directed away from adjacent property. Aye: 5 Nay: 0 Mayor Egan stated that this proposal was much preferred over the last development proposal. Councilmembers agreed. COMPREHENSIVE GUIDE PLAN AMENDMENT - DELTA DEVELOPMENT, INC. City Administrator Hedges provided an overview on this item. He stated that APC members expressed concerns about approving this proposal before a more comprehensive study of redevelopment in the Cedarvale area is completed. Senior Planner Ridley gave a staff report. EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 21, 1997 PAGE 11 00342 Mark Parranto, Delta Development, showed a videotape of the proposed site and townhome projects he is developing in other communities. He also presented drawings of the concept plans of the proposed project. He stated that this proposal fits within the basic zoning of the property. He said they are proposing a redevelopment of what they consider to be a blighted area. He said they propose to develop townhouses that are segregated from the commercial and residential areas. Councilmember Masin said she appreciates the fact that the developer does not propose to do major grading and remove many trees. She asked for clarification on the difference between this proposal and the one denied earlier this year. Mr. Parranto stated that this proposal is less dense than the earlier proposal. Councilmember Masin commented that she was not supportive of changing the commercial use to residential and she does not support it at this time either. Councilmember Awada stated that the entire area should be redeveloped rather than just part. Mr. Parranto said that they are seeking the Council's input as to what they would prefer be done in this area. Councilmember Wachter noted that this area has been zoned commercial for some time. He also noted that the Cedarvale area has been struggling. He stated that he supports the concept of redeveloping the whole area instead of just part of it. Andrew and Cindy Hogan, 2085 Carnelian Lane, stated that a year ago the APC and City Council had indicated this type of development was not a good idea. Mr. Hogan gave credit to the developer for his efforts in attempting to develop the site in order to mitigate many of the neighbors' concerns but he stated that many of the problems still remain. He said they like the neighborhood the way it is. He added that previously they had submitted a petition containing 350 signatures of their neighbors who were opposed to this type of development. He stated they would prefer single family homes or commercial development on this site. Ms. Hogan questioned if this amendment were approved would another developer be able to develop the land up to the maximum density of 202 townhomes. Councilmember Blomquist stated that the Cedarvale area has changed and what remains does not fit the CSC designation. She said she does not ever envision this area fully developing as commercial. She further said that this proposal looks like a good use for the area. She noted that the units will be owner occupied. She added that she would support the amendment if a condition was attached to limit the number of units. Mayor Egan stated that Mr. Parranto has put a lot of thought and consideration into his development and is trying to follow the topography of the site and is cutting the density of the allowable townhomes in half. He further added that Cedarvale is not a viable commercial area and it is not likely that will change. He said that this residential development will provide a new market for that area and will eliminate the excess commercial and clean up blight. He stated that this proposal should be secured via an agreement with the developer. Councilmember A wada stated that she always votes against townhouse proposals but was willing to support this request because CSC is not a viable use in this area. She further stated that it is the Council's goal to get a quality redevelopment in this area and she suggested that the applicant withdraw this request for the Comprehensive Guide Plan Amendment and come back to the Council with a package request including a Comprehensive Guide Plan Amendment, rezoning and preliminary plat approval. She added that the Council would be interested in redevelopment of the entire site. She further added that the developer should address the neighborhood concerns by keeping the height of the townhouses low and limiting tree loss. Mr. Parranto agreed to withdraw his request and submit a new Comprehensive Guide Plan Amendment, rezoning, and preliminary plat request. EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 21, 1997 PAGE 12 00343 Councilmember A wada moved, Councilmember Masin seconded a motion to accept the withdrawal of the applicant's request for a Comprehensive Guide Plan Amendment to change the land use designation on approximately 17 acres from CSC (Community Shopping Center) and D-I Residential (0-3 units per acre) to D-ill Residential (6-12 units per acre) to allow development of townhomes on property located on Beau De-Rue Drive in the NE 1/4 of Section 19. Aye: 5 Nay: 0 DEVIATION FROM THE AWNINGS STANDARDS FOR EAGAN PROMENADE City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. He indicated that Blockbuster Video was informed of the architectural guidelines regarding awnings and failed to adhere to them. He added that staff had inadvertently overlooked the deviation in the guidelines that Office Max had shown on their plans. Councilmember Masin stated that Blockbuster should be made to comply with the guidelines since they were informed and still installed awnings inconsistent with the standards. Councilmember Blomquist stated that it is understandable for a business to install incompatible awnings if they were of the assumption that their awning complied with the guidelines but it is not acceptable for a business to disregard those standards after being informed of the City's standards. Councilmember Blomquist moved, Councilmember A wada seconded a motion to deny an exception to the architectural guidelines regarding awnings for Blockbuster Video. Aye: 5 Nay: 0 Mayor Egan moved, Councilmember Awada seconded a motion to approve an exception to the architectural guidelines regarding awnings for Office Max. Aye: 5 Nay: 0 II) . 0 co c . 0 " ." . ..... . . <.. ".MINISTRAT1VE~.GENI>A REQUEST TO RECONSIDER CERTAIN ACTION REGARDING ENFORCEMENT TO REMOVE BUS BENCHES & SIGN AGE City Administrator Hedges provided an overview on this item. Councilmember Masin moved, Mayor Egan seconded a motion to reconsider action regarding enforcement to remove bus benches and signage. Councilmember Masin stated she was not opposed to the action the City Council took, but she said she would prefer that the Council prepare a policy to address a replacement program. Councilmember A wada said that Eagan has low ridership and the benches are not being used other than for advertising. She stated that they are obstructions in the public right-of-way. Councilmember Wachter added that the benches are a nuisance for the Public Works Department with regard to plowing and mowing the boulevards. He stated that if the MVT A has specific places they need to have the benches placed that can be addressed at a later date. He indicated he would be willing to extend the removal date of the benches to November 15. Councilmember Blomquist stated that if the benches are not removed by the end of October they may interfere with snow plowing. She said that the benches are serving as billboards and she felt the Council should adhere to their motion to have them removed by the end of October. A vote was taken on the motion. Aye: 2 Nay: 3 Due to the lack of a majority the motion failed and the request for reconsideration was denied. EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 21, 1997 PAGE 13 00344 Councilmember Awada moved, Councilmember Wachter seconded a motion to approve an extension for removal of bus benches to November 15, 1997 to National Courtesy Bench and u.s. Bench Corporation. Aye: 5 Nay: 0 Public Works Director Colbert stated that winging back of snow usually doesn't need to be done until the first of the year. Mayor Egan said that he received a list of communities that allow bus benches and they do not appear to be concerned about safety with regard to bus benches and plowing. He further said that this was not a valid reason for denying bus benches in the City, but he stated there are other reasons. Len Thiel, U.S. Bench Corporation, stated their company has been operating in the City for 30 years and National Courtesy Bench has only been operating in the City for six months. He added that U.S. Bench has a lot of commitments to fulfill. He suggested that the Council give further consideration to preparing a policy they had intended to prepare eight months ago. Mayor Egan said that the Council has thought very hard about this issue and their action has been taken. Mr. Thiel added that they never heard any complaints from the Council in the 30 years they had benches in the City. Councilmember A wada stated that the City Council cannot discriminate between what companies are allowed to do business in the City. She said she understood U.S. Bench's position but added that the City is now flooded with these benches and they have become an eyesore. She noted that the City does not want to be in the business of regulating them. REVIEW MLC & AMM LEGISLATIVE PROGRAMS City Administrator Hedges provided an overview on this item. Councilmember Wachter commented about fiscal disparities and stated the money is not being used for what it should be. FIRE ADMINISTRATION BUILDING COMMUNICATIONS USES This item was considered under Department Head Business and continued to a future Special City Council meeting. SPECIAL CITY COUNCIL MEETING - NOVEMBER City Administrator Hedges stated that the November 4,1997 regular City Council meeting would need to be rescheduled since Independent School District 191 is having an excess levy referendum that evening. Mayor Egan moved, Councilmember Awada seconded a motion to reschedule the November 4 City Council meeting to November 3 and schedule a Special City Council meeting on November 3 at 5:00 p.m. Aye: 5 Nay: 0 Councilmember Wachter moved, Councilmember Awada seconded a motion to reschedule all public hearings originally scheduled for November 4 to November 18. Aye: 5 Nay: 0 HIGHWAY 55 REDEVELOPMENT TIF DISTRICT DEVELOPMENT AGREEMENT AMENDMENT City Administrator Hedges provided an overview on this item. 97-88 Councilmember Awada moved, Councilmember Wachter seconded a motion to approve an amendment to the Eagan Business Commons TIF development agreement within the Highway 55 00345 EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 21, 1997 PAGE 14 redevelopment area to apportion anticipated tax increment proceeds to the respective buildings within the project. Aye: 5 Nay: 0 ~UtE Councilmember Wachter commented on an article indicating that health coverage costs are expected to rise next year. Councilmember Awada mentioned that she is moving her company to Eagan and it will be located in EagandaIe Center. Councilmember Masin said she met with a number of neighbors around Ashbury Lane who are concerned about the proposed Delta Dental on the Blue Cross/Blue Shield campus. She further said they were concerned about traffic on Ashbury Lane. She stated that it was suggested to the neighbors to submit a petition requesting traffic mitigation measures be looked at by staff. She asked if staff could be authorized to proceed with trying to mitigate the traffic problems. Councilmember A wada said she felt it would be appropriate for staff to proceed to address the traffic problems. Councilmember Blomquist asked if a traffic count could be conducted on the number of average daily trips in the area. City Administrator Hedges noted that it is important to separate the traffic/ transportation issues from the Delta Dental proposal. Councilmember Blomquist stated that the issues can be separated but the traffic problems should be addressed now. Councilmember Masin requested clarification as to when and if the ring road will come through this area. City Administrator Hedges stated that these issues will be addressed at the Advisory Planning Commission meeting and then brought to the City Council. Councilmember Masin stated that she, Mayor Egan and City Administrator Hedges were at an Eagan Foundation Community meeting. She commented that the League of Minnesota Cities has prepared a videotape on building assets in youth that she would like the Council to see. She said she attended the Minnesota Transit Conference and there was an excellent speaker who talked about global diversity in America. ~QKRl!,Gt$TER Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register dated October 16, 1997 in the amount of $1,998,526.42. Aye: 5 Nay: 0 DJQ~ The meeting adjourned at 11:10 p.m. October 21, 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, (IDD 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.