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05/07/1996 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL -'`' • EAGAN, MINNESOTA MAY 7, 1996 A regular meeting of the Eagan City Council was held on May 7, 1996, at 6:30 p.m. at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota, 55122. Present were Mayor Egan, Councilmembers Awada, Hunter, Masin, Wachter. Also present were City Administrator Tom Hedges, Senior Planner Lisa Freese, Director of Public Works Tom Colbert and City Attorney Jim Sheldon. APPROVE AGENDA Councilmember Hunter moved, Member Masin seconded, a motion to approve the Agenda as amended by adding a change order for Fire Station No. 1 to department head business. Aye: 5 Nay: 0 APPROVE MINUTES Minutes of the March 25, 1996, special City Council meeting. Councilmember Masin asked that the first sentence in Paragraph 4 of Page 5 be revised to read as follows: "Councilmember Masin noted that the applicant and the property owner have every right to make the request they made and that they deserve respect." Councilmember Awada requested that the • second sentence in Paragraph 5 on Page 1 be revised to read as follows: "She noted that thru- streets through the residential neighborhoods would present a grave safety issue. Councilmember Awada moved, Councilmember Wachter seconded, a motion to approve the minutes of the March 25, 1996, special City Council meeting as amended. Aye: 5 Nay: 0 Minutes of the April 9, 1996, special City Council meeting. Councilmember Hunter moved, Councilmember Awada seconded, a motion to approve the Minutes of the April 9, 1996, special City Council meeting as presented. Aye: 5 Nay: 0 Minutes of the April 16, 1996, special City Council meeting. Councilmember Hunter requested that the second sentence of the first full paragraph on Page 4 be revised to read as follows: "He stated that he did not want a lot of strings attached to any proposal." Councilmember Wachter moved, Councilmember Hunter seconded, a motion to approve the Minutes of the April 16, 1996, special City Council meeting as amended. Aye: 5 Nay: 0 Minutes of the April 16, 1996, regular City Council meeting. Mayor Egan requested that the second paragraph regarding Project No. 643R-Timberline Addition on page 7 be revised to 41111 state the property owner's name. Councilmember Awada moved, Councilmember Masin seconded, a motion to approve the Minutes of April 16, 1996, regular City Council meeting as amended_ Aye: 5 Nay: 0 Page 2 May 7, 1996 EAGAN CITY COUNCIL, aGIZO • Minutes of the April 23, 1996, special City Council meeting. Councilmember Masin requested that the fifth sentence of Paragraph 5 on Page 1 be revised to read as follows: "City Councilmember Masin stated that she is willing to support special financing to retain or attract new business to the community when such support would be particularly beneficial to the community." Councilmember Wachter requested that the seventh sentence of Paragraph 5 on Page 1 be revised to read as follows: "Mayor Egan summarized the City Council's position by stating there is consensus that special financial requests, which shall set forth the business program's budget and need for financial assistance, will be reviewed on a case-by-case basis with the EDC. Councilmember Awada requested that the second sentence of Paragraph 5 on Page 1 be revised to read as follows: "Both City Councilmembers Hunter and Awada stated that they historically did not agree with incentive programs for businesses because it is best for government not to get involved with private business and to avoid using the political process in picking which business the City may help or not help." Councilmember Awada moved, Councilmember Wachter seconded, a motion to approve the minutes of April 23, 1996, as amended. Aye: 5 Nay: 0 • UNVEILING OF THE MAYORS' GALLERY Councilmember Wachter presented the unveiling of the new Mayors' Gallery. Present during the unveiling was present Mayor Tom Egan and former Eagan Mayors Vic Ellison and Beatta Blomquist. Following the unveiling ceremony, Councilmember Hunter suggested that the City Council consider the induction addition of Councilmember Wachter's photograph to the Mayors' Gallery as an "Honorary Mayor" in light of his long-time service to the community and the City of Eagan. The Councilmembers concurred. VISITORS TO BE HEARD Beatta Blomquist updated the City Council regarding the status of her work on the Comprehensive Guide Plan/Zoning project in seeking legislative changes. Ms. Blomquist advised the Council that Vern Peterson of AMM, City representatives and community members are joining together to work with the legislature for changes to Chapter 178. Ms. Blomquist stated that the group, in addition to drafting proposed legislation, will be putting together a portfolio for each city to present the effects of the new Comprehensive Guide Plan/zoning statute. Mayor • Egan, with the Council's concurrence, encouraged Ms. Blomquist to move forward with her work on the project and thanked her for her efforts. Page 3 May 7, 1996 EAGAN CITY COUNCIL 0C1.31 John Muller stated his thanks to Associate Planner Steve Dorgan who visited with him regarding the garbage problem with respect to the Easy Street property. DEPARTMENT HEAD BUSINESS Administrator Hedges advised that a change order for approximately $2,425.00 has been requested for facet, brick and repair of venting problem. Mr. Hedges advised that Councilmember Wachter reviewed the requested change order and walked the site and indicated the requested changes are acceptable. Fire Chief Jensen was present but had no additional comments. Councilmember Awada moved, Councilmember Wachter seconded, a motion to approve the change order for Fire Station No. 1 remodeling project, totaling $2,425.00. Aye: 5 Nay: 0 CONSENT AGENDA Regarding Item I, Extension of Preliminary Subdivision for Indy Lube, Councilmember Hunter wanted to note that although this item is similar to the request for extension of preliminary subdivision approval for Dart Transit under Old Business, this item under Item I has no changes or conditions of the extension and therefore may be heard on the Consent Agenda. • Regarding Item T, Proclamation, Councilmember Wachter wished that Eagan High School was personally recognized for its "Blue Ribbon School of Excellence" award. Councilmember Wachter noted that only 26 school in the United States are named "Blue Ribbon Schools of Excellence" and Eagan should be proud to be so recognized. Regarding Item U, Municipal Building's Refuge Hauling Service Contract Termination, Councilmember Awada questioned the reason for the termination of the contract to which Jon Hohenstein, Assistant to the Administrator, stated that the contractor could not meet State requirements for hauling. A. Personnel Items Item 1. To accept the letter of resignation from Michael Lence, a building inspector in the Protective Inspections Division. Item 2. To accept the letter of resignation from Linda Seifert, a part-time Clerical Tech II/Receptionist in the Police Department. Item 3. To hire Linda Marlin to fill the part-time Clerical Technician II/Receptionist position in the Police Department. • Item 4. To approve the hiring of a person to be named as the Administrative Secretary in Administration. Page May 7, 1996 ` •"'' EAGAN CITY COUNCIL. • Item 5. To approve the hiring of Mark Heutmaker as a temporary part-time MIS Assistant. Item 6. To approve the hiring of Bob Ottman as a seasonal part-time Civic Arena Supervisor. Item 7. To approve the hiring of John Hassett, Tim Dealy, Ryan Rausch and George Sellner as seasonal ballfield/athletic filed attendants. Item 8. To approve the hiring of Velta Jean Martin and Kevin Doehling as seasonal park maintenance workers. Item 9. To approve the hiring of Mark Rehder as a seasonal tree inspector. Item 10. To approve the hiring of Leroy Berg as a seasonal weed inspector. Item 11. To approve the hiring of Diana Bolinder as a seasonal horticulturist technician. Item 12. To approve the hiring of Stanley Schneider and Marc Shippee as seasonal • forestry technicians. Item 13. To approve the hiring of Edward Lang, Jr. and Sean Moilanen as seasonal street maintenance workers. Item 14. To approve the hiring of Nora Flueger, Lei-Lani Fischer, Martha Buyck, Deborah Buntjer, Holly Confer and Julie Beecher as seasonal concession workers. Item 15. To approve the hiring of Jarrod Ryan and Amy Smiler as seasonal summer recreation program assistants. B. Change Orders, Municipal Center Building Project To approve change orders in the net amount of$181.68 for Municipal Center Expansion as presented. C. Substantial Completion and Acceptance,Eagan Police Facility To acknowledge substantial completion and accept the Eagan Police Facility from the project contractors. • D. Ratify, Authorization To Prepare Highway 55/149 Redevelopment Tax Increment Financing District Plan and Schedule a Public Hearing on June 4. 1996 Page 5 ;f May 7, 1996 EAGAN CITY COUNCIL • To ratify the Council's direction at its work session of April 23, 1996, to prepare a redevelopment tax increment financing plan for the eligible area around Highway 55 and 149 and to schedule a public hearing for June 4, 1996. E. Massage Therapist License, Jessica Kittleson at Lifetime Fitness To approve a massage therapist license for Jessica Kittleson to work at Lifetime Fitness. F. Approve Agreement with R.L. Youngdahl & Assoc., Inc. for Insurance Brokerage Services To approve or deny a three (3) year agreement with R.L. Youngdahl & Assoc., Inc. for insurance brokerage services. G. Approve Senior Citizen Special Assessment Deferment -Project No. 644, Oslund- Timberline To approve a senior citizen special assessment deferment with Eugene ugene D. and Reaolo R. Miller for 3061 Loon Lane(Parcel No. 10-55300-220-04). H. DeLosh Addition-Final Subdivision 96.29.1 To approve or deny the Final Subdivision for DeLosh Addition for 13 lots on 9.9 acres in the SE' of Section 4 located north of Skyline Drive, south of Highview Terrace and west of Highview Park. I. Extension of Preliminary Subdivisions (Indy Lube Addition) -Phillips 66 To approve or deny a 90-day extension of the Preliminary Subdivision (Indy Lube Addition) approval for Outlot A, George W. Giles Addition, located north of the Phillips 66 Station, west of Pilot Knob Road and east of I-3 5E. J. Project 701, South Hills Addition To receive the feasibility report for Project 701 (South Hills Addition- Street Rehabilitation) and schedule a public hearing to be held on June 4, 1996. K. Contract No. 94-04, Englert Road To approve the 6th and final payment of$2,000.00 to Ryan Contracting, Inc. for Contract No. 94-04 (Englert Road Street & Utilities) and authorize acceptance for perpetual maintenance subject to appropriate warranty provisions. • Page 6 May 7, 1996 00134 EAGAN CITY COUNCIL • L. Vacation of Public Right-of-Way(Yankee Doodle Court&Kutoff Drive) To receive the petition to vacate the public right-of-way (Yankee Doodle Court & Kutoff Drive) and schedule a public hearing to be held on June 4, 1996. M. Project 706. Wilderness Run Road To receive the feasibility report for Project 706 (Wilderness Run Road - Overlay) and schedule a public hearing to be held on June 4, 1996. N. Traffic Signal Agreement (Lone Oak Road&I-35E) To approve MnDOT Traffic Control Sign Agreement No. 73899M (Lone Oak Road & 35E) and authorize the Mayor and City Clerk to execute all related documents. O. Contract No. 96-07, Hayes&DeLosh Addition (Storm Sewer) To approve the plans and specifications for Contract No. 96-07 (Hayes & DeLosh Addition - Storm Sewer) and order an advertisement for a bid opening to be held on June 7, 1996, at 10:30 a.m. P. Vacate Utility Easement(Govt. Lot 6-Proposed Seneca Hills Addition) To receive a petition to vacate utility easements (Government Lot 6 - Proposed Seneca Hills Addition) and schedule a public hearing to be held on June 4, 1996. Q. Approve Arbor Day Resolution 96.30 To approve the Arbor Day Resolution setting Saturday, May 11, 1996, as Arbor Day and May 1996, as Arbor Month in the City of Eagan. R. Approve Agreement, School District#196 for Joint Park/School -Red Pine Elementary To approve Joint Power Agreement with School District #196 for joint development and usage of Red Pine Elementary/Hidden Corner Park and authorize the Mayor and City Clerk to execute the documents. S. Approve Amendment to Agreements_School District#196 for Play Equipment Inspection at Joint School/Parks- Woodlands& Oak Ridge Elementary To approve an amendment to the Joint Powers Agreement with School District #196 and • authorize the Mayor and City Clerk to execute the documents. Page 7 May 7, 1996 r��� EAGAN CITY COUNCIL ; . u S96.30.1 T. Proclamation, Eagan High School "Blue Ribbon School of Excellence" To approve a resolution proclaiming May 23, 1996, to be "Blue Ribbon School of Excellence" day in the City of Eagan. U. Notice of Intention To Terminate Municipal Buildings Waste Hauler Contract & Authorization to Solicit Bids For Municipal Buildings Refuse and Recycling Services To approve or deny a notice of termination of municipal building refuse hauling contract and authorize the solicitation of bids for hauling services. Councilmember Wachter moved, Member Hunter seconded, a motion to approve the Consent Agenda. Aye: 5 Nay: 0 PUBLIC HEARINGS HEARTLAND HOMES VARIANCE Following a brief introduction by Administrator Hedges, Senior Planner Lisa Freese presented City staffs evaluation of the request as outlined in the City staffs planning report dated • April 25, 1996. The property owner, Michael Dividing was present but gave no additional information. Councilmember Hunter stated that the City often times stretches the exact meaning of"hardship" and will approve a variance even when the rezoning thinly falls within the term "hardship" because the application is compatible with the immediate surrounding neighborhood. He suggested that perhaps it may be appropriate for the City to adopt an ordinance or a policy to apply to situations as the present item. Mayor Egan indicated that he would prefer an informative memo from the staff to consider for implementing a"hardship" policy, but that he prefers to address variances on a case-by-case basis without being bound to a set policy. City Attorney Sheldon advised that because a variance is a quasi-judicial process, each request stands by itself and shall be considered as a separate creature from the next. Councilmember Wachter stated that he prefers the flexibility under the present process and does not favor a policy. Councilmember Awada concurred with both Wachter and Hunter, but stated the City Council generally does not deny a variance request unless the neighbors oppose. In response to Councilmember Wachter's inquiry, the applicant stated that the garage addition could be moved back without significant changes to the structure, but would diminish the curb appeal. Councilmember Awada moved, Member Masin seconded, a motion to approve the four foot variance to the required 30 foot setback from the public right of way for Lot 1, Block 1, • Verdant Acres, located at 3574 Woodland Court. Aye: 5 Nay: 0 Page 8 May 7, 1996 EAGAN CITY COUNCIL 00126 6 JACK SKOGLUND - VARIANCE Following a brief introduction by Administrator Hedges, Senior Planner Lisa Freese presented City staffs evaluation of the request as outlined in the City staffs planning report dated April 25, 1996. The applicant, Jack Skoglund, noted that the addition would be 19 feet from the right-of- way line, but actually 35 feet from the roadway curb. Mr. Skoglund further stated that he agrees to the staffs recommended conditions. He further advised that it would not be possible to move the garage addition back. Mayor Egan stated that this application is not similar, but in fact at the opposite spectrum from the Heartland Homes variance request. Mayor Egan explained that Heartland is a new subdivision with the majority of homes having three-car garages and that the Heartland variance would bring the house up to the surrounding neighborhood standards. Conversely, as Mayor Egan stated, the applicant is located in a mature subdivision where a dominant number of the homes have only two-car garages. Therefore, as Mayor Egan stated, the addition of the third garage would surpass the surrounding neighborhood standards. The applicant responded that the addition of a third garage would not be inconsistent with the neighborhood because a number of the homes do have three-car stalls. Councilmember Awada noted that adding a three-car garage may in fact bring the neighborhood standards up. Dave Wolf, a resident at Coventry and Beacon, stated he supported the request for the variance because it would add to the neighborhood and noted that he has a three-car garage. Councilmember Awada moved, Member Wachter seconded, a motion to approve the 11 foot variance to the required 30 foot setback from the public right of way for Lot 51, Block 6, Beacon Hill, located at 4796 Beacon Hill Road, subject to the three conditions outlined in the staff report. Aye: 5 Nay: 0 Councilmember Hunter stated that he would prepare a memorandum presenting proposed policy language regarding implementation of a hardship standard for variances. THOMAS N. TWEETEN- BUILDING MOVE PERMIT City Administrator Hedges gave a brief introduction to this item. Following a brief introduction by Administrator Hedges, Senior Planner Lisa Freese presented City staffs evaluation of the request as outlined in the City staffs planning report dated April 8, 1996. The applicant was not present and no persons from the public were present to comment. Mayor Egan indicated he had concerns that the barn proposed to be moved into Eagan would adversely affect the neighborhood development and would be incompatible with future residential use in the area. Councilmember Awada opined that the area in which the barn is proposed to be moved should be left rural. She added that the location is private property and Wit is developed in • the future it will be the property owner's expense to remove the barn. Councilmembers Masin and Wachter concurred. Councilmember Hunter reiterated that by the letter of the ordinance, the Council should deny the request, but will support the applicant's request. Page 9 May 7, 1996 O12? EAGAN CITY COUNCIL • Councilmember Awada moved, Member Masin seconded, a motion to approve the building permit to move a 42'x22' barn from Rosemount, Minnesota to 4711 Dodd Road located south of Cliff Road and east of Dodd Road and legally described as PID #10-03600-110-28. Aye: 5 Nay: 0 Mayor Egan noted that the approval of the permit request shall in no way indicate that Eagan has a long-term plan for rural use. VACATE UTILITY EASEMENT-EAGANDALE OFFICE PARK Administrator Hedges provided a brief introduction of this item noting that it coincides with Item J under new business, final plat approval for MEPC American Properties Inc. A representative of the applicant for the final plat of MEPC American Properties Inc., requested that this item and Item J under New Business be heard together because of its related nature. The City Council concurred that the matters would be heard together. Councilmember Hunter moved, Member Wachter seconded, a motion to approve the vacation of the drainage and utility easement as described over Lot 1, Block 2, Eagandale Office Park and authorized the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 • EAGAN COMMERCE ADDITION-FINAL PLAT MEPC AMERICAN PROPERTIES INC. 96.30.2 Administrator Hedges briefly introduced this item. Councilmember Awada moved, Councilmember Hunter seconded, a motion to approve the final plat for the Eagan Commerce Addition consisting of one lot on 6.25 acres located on the north side of Trapp Road. PROJECT NO. 699- SAFARI AT EAGAN 3RD ADDITION Following a brief introduction by Administrator Hedges, Public Works Director Tom Colbert presented a brief history of the project. Mark Hanson of Bonestroo, Rosene, Anderlik & Associates, Inc. highlighted the project and outlined the project costs. Byron Watschke, the developer for Safari at Eagan 3rd Addition preliminary plat, expressed opposition to the cost allocation of the improvements. He stated that the right-turn lane was recommended as a result of his development, but it will benefit all users of Thomas Center • Drive. He stated that the improvement is not a special benefit to his property, but a benefit to the entire commercial development at Thomas Lake Center. Mr. Watschke expressed opposition to the additional ponding improvements, noting that Fortune Realty gave the City a ponding • Page 10 May 7, 1996 EAGAN CITY COUNCIL` - • easement and now the City is requiring a taking of additional ponding land for which the developer should be compensated. In response to Mayor Egan's inquiry, Public Works Director Colbert stated that the costs for the right-turn lane were assessed to the developer because the need for the improvements resulted from the developer's new development at the site. Councilmember Hunter noted that during the Town Centre development, the City Council considered wide-area assessments and decided not to use that method after looking at the primary purpose of the improvement itself. He further stated that because the necessity of the improvement is a result of the particular development itself, he supports site specific assessment. Councilmember Wachter noted that if the City decides to implement an area-wide assessment in order to spread out the assessments to all those that benefit, then the City will need to renotice the other affected property owners which will slow the developer's process down. Mr. Watshke noted that the traffic from Life Time Fitness generates more traffic on a 24-hour basis to the Thomas Center Drive then his proposed development and therefore, the assessment should be area-wide spread. In response to Councilmember Masin's inquiry, Mark Hanson indicated that they do not have a cost/assessment breakdown if other properties are assessed. Mayor Egan added that Life Time Fitness and neighborhood residents will contribute to the need for a right-turn lane and therefore, they will benefit from its construction as well. Mayor Egan expressed his concern about • assessing only the developer for an improvement which will have a area-wide benefit. Councilmember Wachter stated that developers should come in with eyes open and expectations to be subject to requirements as they arise. He added that the developer here knew his proposed use would generate traffic and knew the already existing high-traffic volume with Life Time Fitness. Additionally, Councilmember Wachter noted that the right-turn lane requirement was subject of the preliminary plat approval and the applicant should have objected at that time. Public Works Director Colbert suggested that the public project could be cancelled and the developer agree to do the improvements pursuant to a private development contract and then re-petition the City to treat it as a public project at which time all other affected property owners could be noticed to be included in the assessments. Councilmember Masin inquired as to what are the costs to be saved by the developer and the cost to the City to re-do the notices for a public project,in addition to the costs of the City to cover the project. With respect to the ponding issue, Public Works Director Colbert stated that the request for additional ponding land is justified in that subsequent surveys and grading plans to the original easement provided with Safari at Eagan 1st Addition indicated a need for more ponding area to protect the new proposed buildings by the developer. In response to a Councilmember Hunter's inquiry, Mark Hanson advised that of the $3,000.00 - $4,000.00 cost for the feasibility report, 50% can be allocated to the pond issue. Councilmember Hunter suggested that the City trade the ponding land for the cost of the feasibility report. Councilmember Hunter moved, Councilmember Wachter seconded, a motion to close the public hearing and approve Project 699 (Safari at Eagan 3rd Addition), with the deleting of the right-turn lane improvement from the project, and approve the assessment of 50% of the cost of the feasibility report to the developer. Aye: 5 Nay: 0 Page 11 May 7, 1996 EAGAN CITY COUNCIL OVA,423 • PROJECT NO. 700 - HALL STREET- UTILITIES Following a brief introduction by City Administrator Hedges, Public Works Director Colbert presented a brief history of the project. Mark Hanson of Bonestroo, Rosene, Anderlik & Associates, Inc. highlighted the proposed project and outlined the estimated project costs. Heide and Dave Kolhoff stated that they are being forced with the improvements and the assessed costs because of the two businesses requiring the utility services. The Kolhoffs stated that the businesses benefit from the proposed services and not them. Mark Hanson advised that as an alternative to the proposed improvement project, the City could stop the sanitary sewer and watermain short of the Kolhoffs' property and use a private extension to service the Neisius' property. Mr. Hanson stated that this alternative would reduce the costs to the Kolhoffs, but would increase the costs to the Neisius' property because of the private extension. Mr. Hanson added, however, that going forward with the alternative would require the City to re-align the lines when the area is later developed and thus, it will increase the costs assessment in the future. Public Works Director Colbert advised that the watermain needs to be extended now to Dodd Road for future looping of the system. Councilmember Awada stated to the Kolhoffs that they do have the option of assessment payment deferral which will become payable only upon a triggering of a certain event, such as 411 connecting to the system. Councilmember Hunter noted that if the City waits to put the sewer and watermain through to Dodd until the Dodd improvements, the City runs the risk of nonrecovery of the costs due to inability to prove benefit to the property. Councilmember Hunter opined that the proposed project is the most efficient and least expensive way to complete the ultimate system. Councilmember Wachter moved, Councilmember Awada seconded, a motion to close the public hearing and approve Project 700 (Hall Street - Utilities) and authorize the preparation of detailed plans and specifications and direct staff to work with the Kolhoffs to explain their assessment alternatives. Aye: 5 Nay: 0 PROJECT NO. 680- CLIFF ROAD Following a brief introduction by City Administrator Hedges, Public Works Director Colbert presented a brief history of the project. Steve Gatlin of MSA Engineers highlighted the proposed project and outlined the estimated project costs. In response to Councilmember Awada's inquiry, Mr. Gatlin advised that the proposed streetlights comply with the City's residential street intersection light policy, in addition to enhancing safety at the intersection. Mr. Gatlin noted that the proposed streetlights are only at intersections. In response to Councilmember Awada's inquiry regarding the installation of a cul- • de-sac on Park Ridge Drive at Cliff Road, Public Works Director Colbert stated the purpose would be to eliminate and/or reduce access onto Cliff Road. He stated that the County supports a cul-de-sac, but a safety issue exists because it would provide only one access point in the entire subdivision. Colbert further noted that it would be preferable not to eliminate the west access Page 12 May 7, 1996 EAGAN CITY COUNCIL 001.410 1,<10 • point because it has less visibility problems. Colbert also noted that the residents not living along the proposed cul-de-sac street oppose because it would increase traffic through their area of the subdivision. Don Larson of Park View Golf Course stated he opposed the project because the project does not preserve the Golf Course's natural amenities. He stated that increasing the road elevation by three feet will create flooding in and about the 18th green. He further noted that the widening of the street will remove the grassy depression and tree fence line at the 18th green which currently serves as a screen preventing golf balls from leaving the golf course and going onto Cliff Road. Mr. Larson also stated that the project will result in a loss of trees at and near the 18th green which serve as a fence line and will require a reconfiguration of the golf course to avoid the 18th green balls going into Cliff Road or the proposed bike trail. Mr. Larson concluded that the two proposed service stubs do not need to be installed at the Golf Course because it currently works off of three water wells. A resident from 1205 Dunberry stated that the Council needs to consider business versus residential priority. He stated that while the residents in the area are open to progress, they do not support an unnecessary project. Millie Mullson stated her house faces Cliff Road. She stated that increasing the roadway to four lanes will only increase an already speed lane street. She further stated that presently her patio door is merely 90 feet from the shoulder and the project will • decrease that difference significantly and increase the noise level. Jay Fredrickson stated he opposed the project because it will only increase the speed along that stretch of road and that it will take away from the rustic appearance of that stretch. Mayor Egan stated that the City has no control over making or issuing the speed limit zones. Wayne Olson of 1250 Cliff Road stated that he is the only assessed private property owner and fears the project will result in a loss of mature pine trees which work as a buffer of his residence from Cliff Road. He stated that he opposes the project because it is overbroad and not needed. Councilmember Awada questioned whether there is a need for the proposed improvements in light of the fact that the area in which the improvements are to be installed is already developed and the traffic volume is not significant. Public Works Director Colbert noted that the Police Department reports a majority of the accidents are at the Lexington Avenue intersection and a need for a turn lane exists due to the present traffic using the shoulder as a pass lane. A resident of 4561 Oak Chase stated that his property is currently 20 feet from Cliff Road and has never observed a traffic backup or accident along the proposed project stretch. The resident noted that between Pilot Knob Road and Lexington, the Police Department provided reports of only five to six accidents within the last two years, mostly being property damage. The resident stated that the proposed project is not worth or needed for $4 million dollars Councilmember Masin stated that this project reminds her of the Diffley improvements which was not absolutely necessary and has perhaps destroyed the character of the area. Councilmember • Hunter questioned the necessity of the bike trails on both sides of the roadway when there are no residents for much of the area. He added that while safety is a concern, there is no evidence that safety is endangered based on the low number of accidents in the area. He further added that the day trip data does not pass the threshold for requiring a four-lane road. Councilmember Wachter Page 13 May 7, 1996X ! <w' EAGAN CITY COUNCIL • concurred with Councilmember Hunter. A resident near Cliff Road and Oak Ridge intersection stated that the improvement will result in a loss of trees which serve as a buffer to Cliff Road. Councilmember Wachter suggested that this project be delayed for two years, at which time the need for improvements will probably then be there. Councilmember Awada concurred with Councilmember Wachter to either cancel the project or continue it for two years. Councilmember Hunter and Mayor Egan also concurred. Councilmember Watcher moved, Councilmember Hunter seconded, a motion to close the public hearing and deny Project No. 680 (Cliff Road Upgrade) and request Dakota County to place the project on its 1998 CIP. Aye: 5 Nay: 0 OLD BUSINESS EXTENSION OF PRELIMINARY SUBDIVISION APPROVAL (EAGANDALE CORPORATE CENTER) -MAPLEWOOD ACRES, INC. Following a brief introduction by City Administrator Hedges, Senior Planner Lisa Freese highlighted the information presented in the memorandum dated May 2, 1996. Ms. Freese noted • the background of the preliminary subdivision development and the issues to be considered by the Council regarding the extension. Gar Hershkin, a representative of Dart Transit, stated that he assumed the extension would be granted without any issues and is willing to work out the engineering costs for the required improvement project. In response to Councilmember Wachter's inquiry, Mr. Hershkin advised Maplewood Acres is owned by the owner of Dart Transit which acts as a holder of the property. Public Works Director Colbert advised that he and the planning staff met with Jack Heschler, the attorney for Dart Transit, last week to discuss the issue of the improvement project engineering costs and it appeared to be worked out. Mayor Egan indicated that the extension raises concerns due to the City's desire to evaluate trucking/terminal uses and the recent creation of the business park zoning district. Mr. Hershkin agreed to continue this item 30 days to the June 4, 1996, City Council meeting to address the engineering costs issue with the applicant. Councilmember Wachter moved, Councilmember Masin seconded, a motion to continue this item for review at the June 4, 1996, City Council meeting. Aye: 5 Nay: 0 NEW BUSINESS ORDINANCE AMENDMENT- "P" -PUBLIC FACILITIES DISTRICT • Following a brief introduction by Mayor Egan, Councilmember Hunter moved, Councilmember Masin seconded, a motion to approve an ordinance amendment to Chapter 11.20, Subd. 7 "Public Facilities" deleting "provided any such purpose is not a commercial profit making enterprise." Aye: 5 Nay: 0 Page 14 May 7, 1996 EAGAN CITY COUNCIL 0(4.'2,2 • CONSIDER ACQUISITION, 3.52 Acre Tax Forfeit Parcel of Land North of Royal Oak Circle City Administrator Hedges introduced this item, outlining the background of the issue presently before the Council. Parks and Recreation Director Ken Vraa highlighted the background and history of this item, a description of the subject parcel and the City staffs evaluation of the acquisition. In response to Councilmember Hunter's inquiry, Vraa advised that there is an erosion problem within the site and that it will need to be corrected even before any development as a park. In response to Councilmember Masin's questions, Vraa advised that there would be no development on the three-acre parcel until the adjacent six-acre parcel is developed because to develop as a total plan, as opposed to developing in a piece-meal fashion, the City will be able to keep the cost down. A resident from Surrey Heights Townhomes, a spokesperson on behalf of the Association, stated that the residents' concerns cannot be minimized, and cannot be overemphasized. He stated that the area has very high density with no public park area for its residents. He stated that Surrey Heights has been used as a "defacto" park. He further stated that the subject site could be used as a corridor to the six-acre parcel, whereas the six-acre parcel will be landlocked if the subject site is developed. Isabel Kennely stated she opposes to the property as a park because the proposed • development will provide affordable one-level townhome housing which does not currently exist in Eagan. She noted that there are 53 parks in Eagan, but not one affordable single-level townhome complex. Tom Wilkinson of Principle Construction stated that there currently exists a 6.3 acre park area next to the subject site. He further noted that if the City develops the site for park or just open space it will cost, at a minimum, $15,000.00 to grade the parcel; at least $30,000.00 to develop for an open-space park; and an unknown amount of money to simply maintain it. Conversely, as Mr. Wilkinson noted, if the parcel is developed the City will recover $112,000.00 in lost assessments and the tax base will increase with the 21-townhome development. John Zonjersko, a Surrey Heights resident, presented a petition with 120 signatures opposing the proposed development. He stated that the area residents want the park as open space and the City does not need more townhome living. Mr. Zonjersko stated that the land is free to the City for its use as a park and that recovering the $112,000.00 is not profit, but money the City had already considered lost. He stated that the City can develop the land for open space for less money than to construct a right-turn lane. Jim Gullickson, another Surrey Heights resident, stated that the area is already too dense and is in need of sufficient park space. Councilmember Hunter stated that the land is not "free" to the City because it will cost money to develop it as a park and the City will forever lose the $112,000.00 in past assessments, whereas it will collect that money if it is sold and developed. Councilmember Hunter stated that while he is sympathetic to the area residents, he must look at the issue as a City-wide concern. • Councilmember Wachter concurred with Councilmember Hunter. Councilmember Awada stated that indeed the parkland is not free, but the area is very dense and lacks any open space and the City's townhome supply is currently in excess of its need. Mayor Egan stated that he concurred with Councilmember Hunter and noted that the staff report delineated the issues very well. He Page 15 May 7, 1996 EAGAN CITY COUNCIL O(4' • added that the City Council must have a reasonable basis for acquiring the property and it must be fiscally responsible to the City's residents. He stated that to spend $112,000.00 for a park that it does not need is not feasible. Councilmember Awada moved, Councilmember Hunter seconded, a motion to acquire the tax forfeit parcel legally described as Lots 1, 2, 3 and 4, Royal Oaks Circle 2nd Addition and authorize staff to complete minimum erosion control. Aye: 3 Nay: 2 (Wachter and Egan) REZONING AND PRELIMINARY SUBDIVISION (ROYAL OAK CIRCLE FOURTH ADDITION)-PRINCIPLE CONSTRUCTION Councilmember Hunter moved, Councilmember Awada seconded, a motion to direct the City Attorney's office to draft a resolution, with findings, denying a rezoning from R-4 to R-3 of 3.52 acres located on the west side of Federal Drive, south of Yankee Doodle Road and to deny a preliminary subdivision (Royal Oak Circle Fourth Addition) consisting of 22 lots on 3.52 acres. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT- (MCKEE • ADDITION)- CITY OF EAGAN City Administrator Hedges briefly introduced this item. Mayor Egan moved, Councilmember Wachter seconded, a motion to approve a Comprehensive Guide Plan Amendment for McKee Addition, McKee Second Addition, and McKee Third Addition changing the designation from IND (Industrial) to D-1 single family residential subject to the four policies enumerated in Section 11 of the planning report. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT- TORGERSON PROPERTIES LOT 2, BLOCK 1, RAHNCLIFF 4TH: CLASS I RESTAURANT W/LIQUOR City Administrator Hedges briefly introduced this item. Councilmember Wachter moved, Councilmember Awada seconded, a motion to approve the Planned Development Amendment to allow on-sale liquor at the Greenmill Restaurant located at Lot 2, Block 1, Rahncliff 4th Addition. Aye: 5 Nay: 0 LICENSE, ON-SALE LIQUOR, NEU& TORGERSON,L.L.P. dba • GREEN MILL RESTAURANT, RAHNCLIFF COURT City Administrator Hedges briefly introduced this item. Page 16 May 7, 1996 EAGAN CITY COUNCIL 001,14 • Councilmember Masin moved, Councilmember Hunter seconded, a motion to approve an on-sale liquor license for Neu & Torgerson L.L.P. for the Green Mill Restaurant located on Rahncliff Court as presented. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, PRELIMINARY SUBDIVISION-BLACKHAWK ACRES 4TH ADDITION City Administrator Hedges briefly introduced this item. Councilmember Wachter moved, Councilmember Masin seconded, a motion to approve the Rezoning of 0.6 acres from R-3 Residential Townhouse to R-1 Single Family located on the west side of Robin Lane, east of Townview First Addition, in the SE'/4 of Section 17. Aye: 5 Nay: 0 Councilmember Wachter moved, Councilmember Masin seconded, a motion to approve the Comprehensive Guide Plan Amendment of 0.6 acres from D-III Mixed Residential to D-1 Single Family. Aye: 5 Nay: 0 Councilmember Wachter moved, Councilmember Masin seconded, a motion to approve the Preliminary Subdivision (Black Hawk Acres 4th Addition) consisting of 2 lots on 0.6 acres subject to the conditions recommended by the APC. Aye: 5 Nay: 0 PRECISION TUNE-PLANNED DEVELOPMENT AMENDMENT City Administrator Hedges briefly introduced this item. A representative of the applicant, Precision Tune, was present but had no comment. Councilmember Wachter moved, Councilmember Masin seconded, a motion to approve the Planned Development Amendment for a six-bay auto service facility west of Pilot Knob Road and east of I-35E, just north of the existing Phillips 66 station, on Outlot A, George W. Giles Addition, subject to the nine conditions listed in the staff report. Aye: 5 Nay: 0 REZONING- INDUSTRIAL EQUITIES & RES INVESTMENTS Following a brief introduction by City Administrator Hedges, Senior Planner Lisa Freese highlighted the information presented in the City staffs planning report dated April 16, 1996. The applicant, John Allen, was present but had no comment. Councilmember Masin moved, Councilmember Awada seconded, a motion to approve a rezoning of approximately 80 acres from PD (Planned Development) to BP (Business Park) for property currently platted as Robins Addition, Outlots A-D, located on the west side of T.H. 149 in the NE1/4 of Section 2. Aye: 5 Nay: 0 Page 17 May 7, 1996 EAGAN CITY COUNCIL . ^11 7 , MCCARTHY ROAD PARKING RESTRICTION Following a brief introduction by City Administrator Hedges, Public Works Director Colbert outlined the parking restriction petition. In response to Mayor Egan's request, Colbert advised that the hill along McCarthy Road creates a blind stop and any vehicles parked on the other side can cause a potential danger for traffic coming over the hill. Conversely, as Colbert stated, a parking ban could increase the speed along the road because the residents no longer need to be cautious at the crest of the hill. Colbert further indicated that there was no maintenance problems requiring the posting of no-parking signs. Councilmember Wachter moved, Councilmember Hunter seconded, a motion to deny a request to restrict on-street parking on McCarthy Road & McCarthy Ridge Road. Aye: 5 Nay: 0 CONTRACT 96-11,YANKEE DOODLE ROAD Following a brief introduction by City Administrator Hedges, Public Works Director Colbert briefly outlined the bidding process and the bids received. Colbert noted that the project • cost will be 14% over the feasibly report estimates due to an expansion in the project scope as a result of Dakota County and MnDOT requirements. Colbert recommended that any contract awarded should be subject to MnDOT approval. Councilmember Wachter moved, Councilmember Hunter seconded, a motion to receive the bids for Contract 96-11, award the contract to the lowest bidder and authorize the Mayor and City Clerk to execute all related documents, subject to MnDOT approval. Aye: 5 Nay: 0 APC REQUEST- CONSIDER INITIATING LAND USE TRUCKING STUDY City Administrator Hedges introduced this item and noted that the Advisory Planning Commission recommended that the City Council initiate a study to determine where trucking operations should be located City wide and to analyze development with emphasis on a development capacity of Trunk Highway 149 Corridor. Councilmember Awada noted that although the City Council has expressed concern regarding the trucking uses, the Council is not anti-truck. Councilmember Awada emphasized that the focus of the study would be to determine the appropriate area within the City for trucking businesses. Councilmember Hunter moved, Councilmember Masin seconded, a motion to direct the APC to proceed with the study examining where trucking operations should be located within the City and to identify ways to implement the proposed site recommendations. Aye: 5 Nay: 0 • Councilmember Hunter moved, Councilmember Masin seconded, a motion to direct staff to study the development capacity of Highway 149 Corridor with regard to traffic impacts and to Page 18 May 7, 1996 ; EAGAN CITY COUNCIL • identify improvements necessary to accommodate that development in conjunction with MnDOT Corridor Study. Aye: 5 Nay: 0 EXTENSION OF PRELIMINARY SUBDIVISION- HAYES ADDITION Following a brief introduction by City Administrator Hedges, Public Works Director Colbert explained the engineering issues, namely: the construction of the lateral storm sewer through the subject property. Colbert advised that the applicant, Brian Hayes, requested that the $15,000.00 lateral benefit assessment be removed as his preliminary subdivision approval condition. Colbert explained that the construction of the lateral storm sewer and the applicant's responsibility for the costs associated therewith was a condition of the applicant's preliminary plat approval. In addition to the preliminary plat approval condition that the applicant be responsible for the property's share of the storm sewer cost, a condition of the preliminary subdivision extension be that the applicant execute a right of entry agreement to allow entry upon his property to begin construction of the storm sewer. Mr. Hayes stated that he does not believe that it is fair that the repair and construction of the storm drainage sewer be a condition of his development of the property because he originally went to the City requesting repair of the system because the existing sewer collapsed and the 411 property was eroding. Mr. Hayes stated that he did not understand what a "lateral benefit" meant and why he was required to pay the entire amount. He further stated that he did not understand why each lot could not be charged with a trunk charge, as opposed to having to pay the lateral benefit. Public Works Director Colbert explained the difference between a lateral benefit and a trunk area charge. Mr. Hayes stated that he will not develop the property if he is going to be .assessed the property's share of the storm drainage sewer construction because it is too costly and the lots will not be sold at a price which the assessment can be recovered. Mr. Hayes stated that he does not believe that the erosion problem and the development of the property coincide with each other and therefore the construction of the new storm drainage sewer should not be a requirement of the development. Councilmember Awada stated that the issue of whether the applicant should be assessed for the cost of constructing the storm sewer drainage is not an issue in the City Council determining whether an extension of the preliminary subdivision approval should be granted. Mr. Hayes stated, however, that if the property is not developed, the problem with the drainage and erosion will still exist and will need to be addressed. Public Works Director Colbert tried to explain to the applicant that absent development of the property, the City could still go in the storm drainage sewer to correct the erosion problem and Mr. Hayes, as the property owner, would be assessed for the cost. Mayor Egan stated that it was not appropriate to debate at this time whether a lateral benefit exists and that the only issue before the City Council is whether the preliminary 1110 subdivision approval will be extended subject to the same conditions that were placed at the time of the original approval. Mayor Egan explained that if the applicant wants an extension of the preliminary subdivision, then he will have to accept all conditions. Page 19 May 7, 1996 04,1:16.,137_ EAGAN CITY COUNCIL Councilmember Hunter moved, Councilmember Awada seconded, a motion to approve a one-year extension of the preliminary subdivision for Hayes addition subject to the existing conditions and the additional condition that the developer execute a right of entry agreement by July 1 to permit the public improvement project to construct the storm sewer within Hayes Addition. Aye: 5 Nay: 0 LEGISLATIVE AND INTER-GOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges noted Hamline University's recognition of the City of Eagan as the "Internship Employer of the Year". ADMINISTRATIVE AGENDA City Administrator Hedges advised the Council that the Holz property, which consists of 1.4 acres and is being considered for City park property, has been appraised by Richard Holz' real estate agent at $175,000.00. Hedges stated that he believes the property could be purchased for much less than that. Park & Recreation Director Ken Vraa described the property under consideration. Mr. Vraa advised that Ray Connelly appraised the property at a significantly less • amount, $112,000.00. In response to Councilmember Awada's request, Mr. Vraa stated that the property is much too expense to acquire for park property. Councilmember Wachter stated that this piece of property interests him for use as park property and suggested that the City negotiate with the property owners directly, not through their realtor. Councilmember Wachter moved, Councilmember Masin seconded, a motion to direct City staff to negotiate with the property owners with respect to the acquisition of the property and to include the property with the Park Bond Referendum. Aye: 4 Nay: 1 (Hunter) VISITORS TO BE HEARD Marilyn McNurlin, resides on McCarthy Road within the Timberline Addition, stated that she and her husband dispute the final assessment of their property for the McCarthy Road improvements and offered to pay one-half of the assessment as a settlement of the issue. Ms. McNurlin stated that their right to appeal has not yet been exhausted and they will file an appeal if the City Council will not agree to their settlement proposal. She stated that her purpose at this meeting was to request the City Council to reconsider the assessment. Ms. McNurlin stated that they challenged the 1974 assessment and prevailed in District Court. Public Works Director Colbert explained his previous discussions with the property owners regarding the basis for the assessments and the property owners procedural rights. He stated that he advised the McNurlins that they may request the City Council to reconsider the assessment. • Councilmember Hunter stated that the McNurlins presented no new evidence or argument to justify the Council to reconsider the assessment. Councilmember Wachter concurred. Councilmember Awada suggested that it may be less costly for the City to settle the assessment Page 20 May 7, 1996 EAGAN CITY COUNCIL 'O'`.1.'7 dispute then to incur the costs to contest the issue in court. Mayor Egan concurred with Councilmember Hunter that no new argument or basis for reconsideration was brought forth by the McNurlins and that they are arguing the same position they argued when the City Council originally approved the assessment. Ms. McNurlin stated that they won the 1974 street assessment appeals because their property did not abut McCarthy Road. Public Works Director Colbert, however, stated that it is his understanding that they prevailed in 1974 because of an issue regarding proper notice, not on a basis of no benefit. Both Councilmembers Awada and Masin indicated that they want more information on the previous lawsuit before they will reconsider the approved assessments. Mayor Egan and Councilmember Wachter stated that the McNurlins were properly assessed at the outset. The City Council concurred to deny the McNurlins'request for their reconsideration of the assessment. Public Works Director Colbert advised the Council that the City received a request from a motion picture production company requesting the closure of Nicols Road at Black Dog Road on May 16, 1996, from 6:00 a.m. to 8:00 p.m. Colbert advised that there are no safety concerns involved with the request and the City Council concurred that if there are no problems or issues in closing the roads, it will support the request. Councilmember Wachter moved, Mayor Egan seconded, a motion to approve the closure of Nicols Road at Blackdog Road on May 16, 1996, from 6:00 a.m. to 8:00 p.m. Councilmember Masin advised that she is currently circulating among the Councilmembers a book regarding municipal financing and the creation and/or adoption of a financial policy by the City. She also stated that she recently attended a seminar entitled "Crossing Bridges, Connecting People". Councilmember Hunter presented a postcard depicting an area in downtown Red Wing which utilizes the flower hanging baskets instead of ground plates. Councilmember Hunter suggested this may be considered to be used in the Promenade development. Councilmember Wachter noted to City staff to investigate a potential junkyard developing at 1450 Pilot Knob Road. Councilmember Wachter further indicated that he reviewed the City billings and they are acceptable. Councilmember Wachter moved, Mayor Egan seconded, a motion to approve the City invoice billings. • O`O1', . Page 21 May 7, 1996 EAGAN CITY COUNCIL ADJOURNMENT The meeting adjourned at 1:00 a.m. May 7, 1996 a Date City Clerk If you need these minutes in an alternative form such as large print, braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status or status with regard to public assistance. •