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07/16/1996 - City Council Regular MINUTES OF A REGULAR MEETING OF THE " ,` 'lo • EAGAN CITY COUNCIL Eagan, Minnesota July 16, 1996 A regular meeting of the Eagan City Council was held on Tuesday, July 16, 1996 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin and Hunter. Also present were City Administrator Tom Hedges, Senior Planner Lisa Freese, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. oggs Councilmember Awada moved, Councilmember Masin seconded a motion to adopt the agenda as presented. Aye: 5 Nay: 0 %:ice .ilri r 7,0111 7T '4- "'/ ..4 ,547%r r- Councilmember Masin moved, Councilmember Awada seconded a motion to approve the minutes as presented. Aye: 3 Nay: 0 (Councilmembers Hunter and Wachter abstained) Councilmember Masin requested on page 10, 4th paragraph, the word Cedarvale should be changed to Silverbell. Mayor Egan requested on page 10, 1st paragraph, the word statute should be changed to ordinance. • Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 Y1gg#W4i.�7! 3 ; 'S`f/�f'!.%Y 4/ '41 .,,,_r .. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 WANV 7fi. 1Y140g0 RECOGNIZE FOUR NEW VOLUNTEER FIREFIGHTERS City Administrator Hedges gave credit to the entire Eagan Volunteer Fire Department for there training requirements and commitment to be a firefighter. Mayor Egan congratulated the four new fire fighters(Kevin Post, Nick Taylor, Jeff Auge and Rick McLay)and pinned badges on them. Fire Chief Craig Jensen discussed the length of training and the probation period of the firefighters. 1996/97 CIVIC ARENA, SKATING SCHEDULE & FEE SCHEDULE City Administrator Hedges gave an overview of this item. Director of Parks and Recreation Vraa discussed the timing of the increase and stated it was before the Council for consideration now since the start of the season is forthcoming. Councilmember Masin asked if the break even point was close to being reached in regard to the civic arena. Vraa indicated that they were only $1,000 off of a break even point for the first three months of operation, which excluded a charge of depreciation against the building. He stated that revenues have exceeded expenses for the first few months of the year. Councilmember Awada • asked if the arena would be in a positive position for the entire 12 months of the year. Vraa indicated that overall the arena was in a positive position. EAGAN CITY COUNCIL MEETING MINUTES;JULY 16, 1996 OC • PAGE 2 Councilmember Masin asked if additional money is not needed to cover operating expenses, then why eliminate the public skating session. Councilmember Wachter noted that according to the schedule in the packet, the attendance for the Friday session, for 27 out of 29 days, was very low. He added that if the demand is high for other skating schedules, a change should be made to accommodate that demand. Vraa indicated that high school hockey games will probably be played in the evening starting this season instead of during the afternoon. He added that a public skating session on Saturday afternoon would be more popular. He also noted that the pressure for ice time is greatest from November through January. He noted that an option could be to consider keeping the Friday session from August through September and then cancel it from November through January. Councilmember Wachter stated he thought the Council could give Vraa the authority to cancel the Friday session when he saw fit. Councilmember Awada asked if a second Sunday session could be given consideration. Vraa indicated there is a session on Sunday from 1:00 p.m. to 3:00 p.m. and that another session could be added on Saturday from 1:00 p.m. to 3:00 p.m. as well. He went on to discuss the options other cities have pursued. Councilmember Awada stated that she did not want to see the public skating session eliminated and suggested a double session be held on Sunday. Councilmembers concurred. Councilmember Wachter moved, Councilmember Hunter seconded a motion to increase the prime time rate for ice rental to$125.00 per hour and maintain all other non-program rates at the current levels. Aye: 5 Nay: 0 Councilmember Wachter moved,Councilmember Awada seconded a motion to eliminate the Friday evening public skating session and schedule a second public skating session on Sunday. Aye: 5 Nay: 0 Mayor Egan stated that he supports the rate increase to$125.00 and added that eliminating the Friday session was given a lot of consideration. He added that a resident, who is a hockey supporter, had called him and requested that ice time be kept open to the public. He stated that he appreciated that request. Councilmember Masin asked about the hog roast event that was held recently. Director of Parks and Recreation Vraa stated that no figures were available regarding the number of people who attended. He also stated that there was an excellent turnout and added that a number of activities were held in conjunction with the hog roast. He stated that the task force was pleased with the result. Mayor Egan commended the Friends of the Farm group and all those who attended the event. He also mentioned that he received a second notice that Tony Caponi is going to have another free concert in the park. He noted that the City has not subsidized any of these events. Mayor Egan asked Assistant to the City Administrator Hedges about the 4/22 runway at the MSP Airport and wanted to know if this runway was designed without a taxiway. He asked how this runway would function. Hohenstein clarified that the runway design does include a taxiway, but added that it was not built at this time, due to the lawsuit Richfield has outstanding. Mayor Egan asked about the timeframe and when they would build the taxiway. Hohenstein stated it was opted out as an alternate and that it could be bid out at any time and constructed within a few months. Councilmember Masin commented on the wading pool and said that it was great to see it getting so much use. City Administrator Hedges mentioned that a survey is being conducted by the Parks and Recreation Department to track information on users of the wading pool. EAGAN CITY COUNCIL MEETING MINUTES;JULY 16, 1996 • PAGE 3 235 Councilmember Hunter remarked about comments he heard in regard to ISD#196 and how action was taken by board members to limit the amount of debate on items that appear on the consent agenda. He noted that the Eagan City Council would never put restrictions or limits on comments any Councilmember might choose to make on any items that appear on the consent agenda or any part of the agenda. He added that it is the right of the Councilmembers to be able to debate and pull items when they so choose. Councilmembers concurred. In regard to Item E, Negative Declaration for River Park Environmental Assessment Worksheet t (EAW), Councilmember Hunter wanted to make the clarification that the action would be to approve the negative declaration. In regard to Item F, Exemption from Lawful Gambling License. National Kidney Foundation of the Upper Midwest. Inc.. Councilmember Wachter asked if the members of the Kidney Foundation were all volunteers like the members of the Humane Society. City Administrator Hedges thought they were all volunteers. Councilmember Wachter suggested that the Humane Society's request should be treated the same as this when it comes before the Council. Discussion occurred regarding the requirements for filing of paperwork. Councilmember Hunter noted that when certain thresholds are reached, the requirements change for these organizations in regard to the amount of reports that must be filed. Hedges stated that the City Council can grant up to five exemptions per year under State law. He added that there is no local ordinance that applies to these situations. Councilmember Hunter asked if the City is responsible for enforcement, can the City receive any funding from the State. • In regard to Item I,Final Planned Development and Final Subdivision. Precision Tune,this item was considered under Public Hearings with Item B. Councilmember Masin requested Items R and S be pulled from the consent agenda and later decided she did not want these items pulled. A. Personnel Items Item 1. It was recommended to approve the hiring of a person to be recommended as a full-time Clerical Tech II - Receptionist at the Eagan Maintenance Facility. Item 2. It was recommended to approve the hiring of a person to be recommended as a full-time Utility Maintenance Worker. Item 3. It was recommended to approve the hiring of Judy Forde as a part-time seasonal Pre-school Instructor. Item 4. It was recommended to accept the letter of resignation of Police Officer John King. B. Change Orders. Municipal Center Building Project. It was recommended to approve change orders in the amount of$2,540.57 for the Municipal Center Expansion Project as presented. C. Approve Promenade/Opus Special Assessment Reallocation. It was recommended to approve a request from Opus to reallocate the special assessments on the Eagan Promenade Shopping Center development. • D. Approve Resolution requesting Dakota County Treasurer-Auditor to include Notice of Proposed Transit 96.48 EAGAN CITY COUNCIL MEETING MINUTES;JULY 16, 1996 • PAGE 4 Tax on Parcel Specific Tax Notice. It was recommended to approve a resolution requesting the Dakota County Treasurer-Auditor to include notice of proposed transit tax on parcel specific tax notice. E. Negative Declaration for River Park Environmental Assessment Worksheet (EAW). It was 96.49 recommended to approve a resolution regarding a negative declaration of the need for an Environmental Impact Statement for River Park Office Park. F. Exemption from Lawful Gambling License. National Kidney Foundation of the Upper Midwest. Inc. It 96.50 was recommended to approve a resolution exempting the National Kidney Foundation of the Upper Midwest, Inc., from a lawful gambling license. G. Preliminary Planned Development. Easter Lutheran Church located on the NW corner of Pilot Knob Road and Cliff Road. It was recommended to approve the Preliminary Planned Development Agreement for Easter Lutheran Church. H.Amendment to the Development Contract and an extension for recur•ing the final subdivision for Galaxie Cliff Addition No. 1 (KinderCare) located on Plaza Drive in the SW corner of Cliff Road and Galaxie Avenue. It was recommended to approve an amendment to the Development Contract for Galaxie Cliff Addition No. 1 (KinderCare) to extend the completion dates for developer improvements and postpone collection of the water quality fee until issuance of a building permit. It was also recommended to approve an extension of recording of the final plat for Galaxie Cliff Addition No. 1 until August 24, 1996. I. Final Planned Development and Final Subdivision. Precision Tune located on Pilot Knob Road just north 96.51 • of the Phillips 66 Station. (This item was considered under Public Hearings with Item B.) J. Extension for recording the Final Subdivision for Deerwood Townhomes 2nd Addition (Good Value Homes). It was recommended to approve a request for a 90-day extension for recording the Deerwood Townhomes 2nd Addition Final Subdivision located north of Deerwood Drive and east of 1-35E. K. Receive Bids for furnishing all eguipjnent and installation of four (4) outdoor warning sirens, award the contract to the lowest responsible bidder. an. authorize the Mayor and City Clerk to execute all related documents. It was recommended to receive bids for furnishing all equipment and installation of four (4) outdoor warning sirens, award the contract to the lowest responsible bidder, and authorize the Mayor and City Clerk to execute all related documents. L. Contract 94-17. Acknowledge Completion/Authorize Final Payment(Red Pine Lane-Streets& Utilities), It was recommended to acknowledge completion of Contract 94-17 (Red Pine Lane - Streets & Utilities), authorize the 8th and final payment to Ryan Contracting and authorize perpetual maintenance subject to appropriate warranty provisions. M. Project 638R. Receive Final Assessment Roll/Order Public Hearing (Yankee Doodle Rd. - Streets & Utilities). It was recommended to receive the final assessment roll for Project 638R(Yankee Doodle Road- Streets & Utilities) and schedule a public hearing to be held on August 20, 1996. N. Contract 96-13. Approve Plans/Authorize Ad for Bids (Woodgate 2nd & Mallard Park 2nd Add. - Street Reconstruction). It was recommended to approve the plans and specifications for Contract 96-13 (Woodgate 2nd&Mallard Park 2nd Addition-Street Reconstruction)and schedule a bid opening to be held at 10:00 a.m., on August 13, 1996. • O. Change Order#2. Civic Arena. It was recommended to approve Change Order#2 for the Eagan Civic Arena in the amount of$11,418.00. ja EAGAN CITY COUNCIL MEETING MINUTES;JULY 16, 1996 :'927 • PAGE 5 P. Civic Arena. Acknowledge Completion/Authorize Final Payment. It was recommended to accept final completion of the Civic Arena from Lund Martin Construction and to make final payment, including retainage, in the amount of$107,369.65. Q. Off-Sale Liquor License for Byerly's. now under construction in Promenade development. It was recommended to approve an off-sale liquor license for Byerly's Beverage, dba Byerly's Wines & Spirits to be located in the Byerly's store at the Eagan Promenade. R. Change in condition of plat - Eagandale Corporate Center. It was recommended to approve changes to condition 8c for the Eagandale Corporate Center preliminary subdivision so that the condition reads as follows: "The City will reserve the right to modify the wetland replacement plan based on changes in the Wetland Conservation Act made by the 1996 legislature. Modification can be made only to the extent necessary to accommodate elimination of tree-related impacts associated with up to .8 acres of replacement wetland." S. Authorize refund of application and escrow fee to Principle Construction. Inc. for Royal Oaks Circle 4th Addition. It was recommended to authorize refund of application and escrow fee to Principle Construction, Inc. for Royal Oaks Circle 4th Addition. T. Final Planned Development. Twin City Federal. Lot 1. Block 2. Eagan Promenade. It was recommended to approve a Final Planned Development for a 4,600 square foot TCF Bank with six drive thru lanes for Lot 1, Block 2, Eagan Promenade, at the northeast intersection of Yankee Doodle Road and Denmark Avenue. • U. Authorize donation of unclaimed property for New Chance Program. It was recommended to declare four bicycles from the unclaimed property inventory to be surplus property and authorize their donation to the New Chance County correctional program for juvenile offenders. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 VARIANCE - RICHARD SKINN City Administrator Hedges gave an overview of this item. Senior Planner Freese gave a staff report. Mayor Egan then opened the public hearing to anyone wishing to speak. Richard Skinn, applicant, addressed the Council and noted that when the section of Gun Club Road by his property is closed, he will recover the property that was taken away from him when the road was put in and he will have more parking. He added that the road is very narrow. He also stated that a baseball diamond abuts his property and that people park cars along Gun Club Road, which is very narrow and unsafe. He added that if the variance is granted, he would be willing to allow people to use his parking lot if they are at the baseball diamond. He added that he would be willing to put asphalt on the parking lot by August of 1997. There being no one else wishing to speak, the Mayor turned the discussion back to the Council. Councilmember Wachter asked Director of Public Works Colbert if there were plans to close Gun Club Road. Colbert indicated that there were no plans to do this. Councilmember Wachter stated that according to the planning report, with the lot as it is now and the existing building, the utilization of the structure is maximized and he asked why the applicant doesn't take over some of his own space from the • other two tenants. He stated that he did not feel hardship was proven. Councilmember Hunter added that the history of the area needs to be taken into consideration. He further added that this area was zoned comprehensive guide plan for residential and after much discussion by the Council and task force EAGAN CITY COUNCIL MEETING MINUTES;JULY 16, 1996 2 " • PAGE 6 members, the land use was changed to industrial in order to minimize the impact on the existing businesses. He stated that City standards need to be enforced because this area is next to public facilities and the reason for the large setback is to give a wide berth to public facilities. He went on to say that by approving this variance, City standards would not be maintained. He also felt that no hardship was proven in this case and it would only serve as a financial advantage to the applicant. He added that by granting • this variance the Council would be setting a precedent. He stated there are three other parcels to the north just like this parcel, and if a variance is granted for this one, a variance would have to be granted to the other property owners if they requested one. Councilmember Awada stated the lot coverage has been maximized. Mayor Egan stated that generally in Eagan if there is a need for a business to expand, new headquarters are sought, especially if the current location is maximized. He added that by allowing a business to remain at their current location and continue to expand when they have met or would exceed the City standards, would be a deviation. Mayor Egan stated that they have to be sensitive to surrounding uses. Councilmembers concurred that they were grateful to hear of the applicant's business success, but did not feel the variance should be granted. Councilmember Wachter moved, Councilmember Hunter seconded a motion to close the public hearing and deny a 40 foot variance to the required 100 foot building setback along a public right-of-way for Lot 1, Block 2, Halley's 1st Addition, located at 4890 Biscayne Avenue for a proposed building addition of 2,400 SF. Aye: 5 Nay: 0 VACATE DRAINAGE & UTILITY EASEMENT- OUTLOT A GEORGE GILES ADD. • City Administrator Hedges gave an overview of this item. Director of Public Works Colbert gave a staff report. Mayor Egan then opened the public hearing to anyone wishing to speak. There being no one wishing to speak,the Mayor turned the discussion back to the Council. Councilmember Wachter asked if there would be any problem with drainage or if there would be adequate space for drainage. Director of Public Works Colbert indicated that the easement is not needed for drainage and that there would not be a problem with drainage. Councilmember Hunter moved, Councilmember Wachter seconded a motion to close the public hearing and approve the vacation of a drainage and utility easement as described over Outlot A George Giles Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 FINAL PLANNED DEVELOPMENT AND FINAL SUBDIVISION, PRECISION TUNE (This item was pulled from the consent agenda and considered with Item B) Councilmember Hunter moved, Councilmember Wachter seconded a motion to approve a Final Planned Development and Final Subdivision for Precision Tune First Addition. Aye: 5 Nay: 0 • RESOLUTION - ISSUING OF $4,600,000 GENERAL OBLIGATION PARK BONDS AND PROVIDING FOR AN ELECTION THEREON 96.52 City Administrator Hedges gave an overview of this item. Councilmember Hunter stated that he appreciated the table that was prepared by the task force listing the parcels available to buy for park land. • He noted that all but one of the parcels are open spaces, with the exception of the one neighborhood park. He also stated that flexibility needs to be maintained in regard to the wording of the referendum question. i EAGAN CITY COUNCIL MEETING MINUTES;JULY 16, 1996 fit 2 • PAGE 7 Councilmember Awada stated that she would like the referendum to be held with the primary election. She felt that the question would be buried if it was included on the ballot for the General Election. She added that including it with the Primary Election would not result in any additional cost and she further added the turnout is relatively high. Councilmember Masin concurred. Mayor Egan noted that past precedence had been set in 1982 when a referendum question for the original expansion from the police station to the municipal center was held in conjunction with the Primary Election. Councilmember Wachter stated that he is concerned with saving the taxpayers money. He added that he does not feel the question would get buried with the General Election and feels the best time to hold the election would be November 5, since it will generate greater voter turnout. Mayor Egan noted that absentee ballots can be cast for any election and that no one would be deprived of their right to vote on the question. Councilmember Masin discussed the background on other voting dates. She added that there is pressure associated with having to fill out long ballots at a General Election. Councilmember Wachter indicated he had questions associated with three sites listed on the table prepared by the task force. He felt that they were not suitable for park land for a variety of reasons. Councilmember Hunter stated that the Council did not have to eliminate any of the sites at this time and that the task force or commission could further refine the list and bring it back to the City Council at a later date. Councilmember Hunter stated that in regard to the date, the majority of the residents of Eagan should decide the issue. He added that he feels the election should be held on November 5 in order to get the majority of residents to vote on the issue. Councilmember Masin stated that if there is interest on the part of the voters in regard to the park issue, they will turn out to vote at the Primary and it will be the major focus. Mayor Egan noted that single issues on ballots have typically drawn a large percentage of • voters. Councilmember Awada moved, Councilmember Masin seconded approval of the resolution with the election date to be held on September 10, 1996, with the Primary Election. Bea Blomquist addressed the Council and stated that she preferred the referendum be held with the General Election. She referenced the list of sites determined by the task force and indicated her concerns with some of the sites. Councilmember Masin asked about referendum elections when Blomquist was on the Council. Blomquist stated that all the referendums were held as special elections, but stated that the expectations were different when she was on the Council. Blomquist also stated her concern is with the $800,000 planned for betterment. She added that there is a need for more ballfields in the City. She also added that residents need to be told what will be bought with the money. She felt the Council was asking for a blank check and stated that the question needs more definition. She also stated that she was concerned with carrying the bonds for 15 years. She added that the business community also needs to be told how it will affect them. She also asked about the cost associated with educating the voters. Councilmember Awada noted that the table needs to be revised, since there are more than 120 acres of park land with the combined sites. She added that the sites were tentatively identified in order to keep the price of the property from rising too high. Blomquist did not agree. Councilmember Hunter noted that the 1984 special election referendum wording was similar to the wording proposed for the current park bond referendum question. Councilmember Awada noted that, in regard to the $3.6 million dollars slated for the purchase of park land, not all land owners will be willing to sell their property. She added that this is only a tentative list of possible sites. Councilmember Hunter concurred and added that the task force would pick the appropriate sites at a later date. Councilmember Wachter felt that some of the sites that don't have a chance of being purchased should be eliminated from the list. Mayor Egan noted that the table was only tentative and subject to change and felt that a better bargain could be negotiated if the Council retained flexibility. Blomquist stated that no money is being proposed for organized sports. Councilmember Awada indicated that $800,000 is being provided for betterment. Councilmember Hunter • stated that the Council is not restricted to$800,000 for betterment only and added that the Council has the flexibility to make the determination for the distribution of funds between acquisition and betterment. Mayor d 6 0" EAGAN CITY COUNCIL MEETING MINUTES;JULY 16, 1996 • PAGE 8 Egan discussed the Parks System Master Plan and stated this is a comprehensive plan that has identified the number of athletic fields needed. David Szott, Chair of the Parks Bond Referendum Task Force, addressed the Council. He clarified that the list of sites provided by the task force are candidate sites only. He also discussed the importance of the natural resource base. Councilmember Awada stated that a decision should be made by the City Council in regard to Patrick Eagan Park. Councilmember Masin stated she feels Patrick Eagan Park fits in with acquiring more park land and open space. She also stated that she prefers to take the $800,000, proposed for betterment, off the question and ask for that at a future referendum. Szott added that the question of betterment is confusing and stated that the priority should be the acquisition of open space. Councilmember Wachter stated that in regard to a nature center, the property that has been owned for the last 20 years should be utilized by the public. Szott noted that Patrick Eagan Park was not meant as an active use site. Councilmember Hunter stated that whether a piece of land is classified as active or pristine, no land in Eagan should be off limits to the public for use. Mayor Egan noted that the $800,000 proposed for betterment has clouded the issue. He suggested that the amount could be excluded, which would result in a reduced bond amount. Councilmember Hunter suggested the wording be changed to include only acquisition. Councilmember Wachter asked when the final determination would be made in regard to the list of sites. Lee Markel!, member of the Advisory Parks, Recreation and Natural Resources Commission, stated that the list could be pared down by the next Council work session, scheduled for either July 30 or July 31. City Administrator Hedges added that time would be needed to prepare a newsletter for distribution to all residents notifying them of the upcoming referendum. Councilmember Awada withdrew her earlier motion. Councilmember Awada moved, • Councilmember Masin seconded a motion to approve a resolution determining the desirability of issuing $3,800,000 General Obligation Bonds for acquisition of park land and providing for an election to be held on September 10, 1996. Aye: 3 Nay: 2 (Councilmembers Wachter and Hunter voted Nay only because of the date. They preferred the bond referendum be held with the November election). VARIANCE - PROFESSIONAL PLASTICS City Administrator Hedges gave an overview of this item. Senior Planner Freese gave a staff report. Jack Grotkin, R.J. Ryan Construction, addressed the Council. He stated that they have met with the neighbors and have worked with them. He added that they would put trees on the east side. He also added that the building had been turned and the docks have been put on the north side of the building. He also stated that the size of the building has been reduced and noted that this business is a good match for this lot. Councilmember Masin asked if the changes to the building would meet the needs of the applicant in the future. Grotkin stated that the building proposed before was an ideal size, but added that the new proposal will accommodate anticipated future growth. He noted that there will not be as much rental space available as before. Councilmember Wachter asked if the forestry specialist thinks the trees can be moved successfully or if new trees should be planted in case the existing trees do not survive the transplant. Freese stated that the trees proposed to be removed are over and above the plantings planned for the site. Councilmember Wachter stated that he feels this plan is a vast improvement from the last plan. Bernie Fry, representing Professional Plastics, addressed the Council. He discussed the lots and the land at this location. He stated that this site would not accommodate a wide variety of businesses. He added that there is an economic hardship associated with this site, since 20 feet of the land was taken for expansion of Yankee Doodle Road. He discussed the assessment proposed for this site. B.J. Larson, 845 Wescott Square and President of the Wescott Square Townhome Association, • addressed the Council. She stated that the residents are grateful for the opportunity work with the applicant and that they are appreciative of the plan. She also thanked the developer. She asked if the City could EAGAN CITY COUNCIL MEETING MINUTES;JULY 16, 1996 4) PAGE 9 release the requirement for an exterior light on the south side of the building. She further asked if the tree mitigation fee required could be used for trees in the immediate area, particularly to the west. Mayor Egan asked if the plan could be modified to incorporate additional landscaping. He also asked if the intent of requiring tree mitigation fees is to plant additional trees in the location where they are removed from. Hedges noted that is the intent. He added that Yankee Doodle Road is a candidate for street scaping and that direction could be given to appropriate dollars to improve that section of Yankee Doodle Road. Councilmember Wachter wanted to be sure the Council would not be locked in to use all the money for that particular area and that money would be allocated for use in broader terms along Yankee Doodle Road. Steve Mitchell, 847 Wescott Square, addressed the Council and asked if the light on the south side could be removed. Freese noted that a solution could be worked out to provide adequate lighting. Grotkin stated that they will work with staff to find an appropriate solution. Mayor Egan commended all those involved with working out a solution for this proposed development. Councilmember Masin stated her concern with the size of the variance being requested. Councilmember Wachter felt this business was welcomed by the residents. Councilmember Awada stated the need for this variance was to protect residents from the heavy industrial uses the property was legally zoned for. Councilmember Hunter added that he felt it was great that the applicant had worked with the residents to achieve a favorable outcome. He further added that this variance was too big, hardship was not proven, and that by granting the variance the Council would be setting a dangerous precedent. Mayor Egan added that he agreed with Councilmember Masin, but felt that this was an issue where the equities needed to be balanced. He did not feel this variance was being requested only because of financial hardship. He added that this was an improvement from the last proposal. • Councilmember Awada moved,Councilmember Wachter seconded a motion to approve a Variance to allow parking within the 100 foot setback buffer for Lots 21-24, Block 2, Eagandale Center Industrial Park #4. Aye: 4 Nay: 1 (Councilmember Hunter) CITY CODE CHAPTER 6.37 - LICENSING OF CONSTRUCTION DEBRIS REFUSE HAULERS City Administrator Hedges gave an overview of this item. Councilmember Hunter stated that he appreciated the report containing points raised by haulers and residents. Councilmember Awada asked if the minimal amount of truck traffic generated from construction debris haulers warrants licensing requirements. Terry Davis, Chair'of the Solid Waste Abatement Commission, stated that there are no statistics available regarding the amount of traffic resulting from construction debris haulers, but added he thinks it has decreased. He noted that licensing is appropriate given the safety concern, the liability issue and the perception created by having large trucks in neighborhoods. He also was concerned with debris not being contained properly. Mayor Egan stated that although this does not appear to be a major problem now, eventually as infill development occurs, residents will be less tolerant. Councilmember Hunter stated that the containers could pose a health hazard and they need to be properly identified and the debris needs to be properly contained. Councilmember Wachter stated that the licensing creates problems for contractors in Eagan. Councilmember Masin felt it may be helpful to bring this issue before the Economic Development Commission or haulers for refinement. Hedges stated that haulers are represented on the Solid Waste Abatement Commission, but noted that builders and contractors did not have input on the issue. Councilmember Wachter did not feel the Economic Development Commission should be involved and added that the contractors are not in the majority. Councilmember Hunter felt builders and contractors should be notified before the ordinance is passed to receive their comments. • Councilmember Wachter moved, Councilmember Hunter seconded a motion to authorize the preparation of ordinance amendments for City Code Chapter 6.37 and 10.01 concerning construction debris AMEN a EAGAN CITY COUNCIL MEETING MINUTES;JULY 16, 1996 ,_ ' ' '"' PAGE 10 refuse haulers as recommended by the Solid Waste Abatement Commission. Aye: 4 Nay: 1 (Councilmember Awada) TEMPORARY OUTDOOR EVENT/SEASONAL OUTDOOR SALES City Administrator Hedges gave an overview of this item. Senior Planner Freese gave a staff report. Councilmember Masin asked where Christmas trees would be classified in regard to the ordinance. Freese stated that they would be classified under outdoor seasonal sales and would need a conditional use permit. She added that staff had deliberated about making exceptions for Christmas trees, since this has been a longstanding practice. She noted that they were having a problem coming up with a definition that would exclude Christmas trees but encompass all other outdoor sales events. Councilmember Hunter asked about the procedure that's used now to control these situations and how they would be handled under the proposed ordinance. Freese stated that conditional use permits are granted currently and, under this new ordinance, would also be granted. Councilmember Wachter does not feel it is necessary to have all these conditional sales. He stated the hours of operation,as proposed from 7:00 a.m. to 1:00 a.m., was too long. He also questioned the event being allowed to occur up to three times per year in the proposed ordinance; he felt once per year was enough. He was also concerned with tents being staked on blacktop and opposed the destruction of blacktop. Freese noted that this requirement was removed by the Planning Commission in their recommendation. Councilmember Hunter asked what times of operation Councilmember Wachter would prefer. Councilmember Wachter suggested 10:00 a.m. to 9:00 p.m. Councilmember Awada suggested changing the time from 10:00 a.m. to 10:00 p.m. Councilmember Wachter referenced the letter sent by Al Baker in regard to people using his 410 parking lot to patronize other area businesses during their promotional events. Mayor Egan asked how it could be proven that people are attending other events and not at Al Baker's Restaurant. Councilmember Hunter asked about condition three on page 106, which states the site shall be kept in a neat and orderly manner, etc. Freese stated that staff tried to work out language to address on site parking; however, there will be extraneous impacts associated with these outdoor seasonal events, but added that the proposed ordinance may serve to reduce the times and duration of these events. She mentioned that staff has a limited amount of leverage to handle and enforce violations that impact other businesses. Councilmember Masin stated she feels the neighboring businesses and neighbors should have input into allowing temporary uses. She added that these temporary uses can take advantage of established business owners. Councilmember Wachter and Mayor Egan concurred. Councilmember Wachter suggested continuing this item to a future work session. City Administrator Hedges stated that by sending this item back to a work session, it could possibly reopen the whole process of public hearings that were held by the Planning Commission. Councilmember Wachter stated he understood that, but felt many questions needed to be addressed. Mayor Egan asked if this ordinance amendment was denied, would it be necessary for applicants to apply for conditional use permits for temporary outdoor sales. Freese stated that they would have to, but added that she would need to discuss this issue with legal counsel for verification. Mayor Egan suggested leaving the process as it is. Councilmember Wachter concurred. Councilmember Awada indicated that the ordinance amendment should be adopted to address the Al Baker scenario. Councilmember Hunter concurred. He stated that he disagreed with Hedges that continuing this item would require re-notification to the public. Mayor Egan agreed with Councilmember Hunter and added that if a major change was made to the ordinance amendment as proposed, then there would be the need to send this item back to the Planning Commission. Councilmember Awada moved, Councilmember Hunter seconded a motion to continue this item to a work session in August. Aye: 5 Nay: 0 • m tya EAGAN CITY COUNCIL MEETING MINUTES;JULY 16, 1996 • PAGE 11 FUNDING AUTHORIZATION FOR CITY TRAILWAY/WESTON HILLS DR. (RED PINE LANE TO SO. STRATFORD LANE) City Administrator Hedges gave an overview of this item. Director of Public Works Colbert gave a staff report. Councilmember Hunter asked how the determination was made with regard to the trail serving a major residential area at the north end vs. the south end. Colbert stated that staff from the Engineering and Parks Departments reached a consensus, based on their evaluation. He also said that the decision took into consideration the School District establishing a crosswalks at both three-way intersections, based on their pedestrian routing plan. He added that this location was the funnel point of all traffic, both pedestrian and vehicles from the Weston Hills development to the Red Pine Elementary School and the City park developed in coordination with the school. Councilmember Hunter asked if a petition, containing 35% of the signatures necessary, was received. Colbert indicated that the original petition had not contained 35% of the necessary signatures from the affected property owners. He added that the petition had signatures from 11% of the affected property owners along the designated route up to Cliff Road. Councilmember Awada stated that this sidewalk should have been put in initially with the development. Mayor Egan asked for comments from the public. Myriam Husman, stated that she was not aware of the 35%requirement for signatures on petitions. She thought the petition would serve as an impetus for discussion. Mike Schaff,4795 Weston Hills Drive, addressed the Council and stated he thought the project was a waste of money and he added that there was no consensus in the neighborhood for the installation of the sidewalk. He stated the interest in the sidewalk was based on the original petition circulated last March, • which called for a sidewalk to extend all the way to Cliff Road. Councilmember Masin asked Schaff if he was not concerned about safety. Schaff stated he is not convinced that there is a safety issue. Mark Jansen, 4805 Weston Hills Drive, addressed the Council and stated there is clearly a safety issue, but added that was why the stop signs were recommended. He noted that there is only 300' feet of street that poses a safety danger. He added that his biggest concern was the lack of crossing guards and the school district's response was to bus everyone. He stated that a second safety danger was due to a large construction project going on in Weston Hills, but he added that the development is nearly full and the amount of construction traffic has been significantly reduced. He further noted that this stretch of sidewalk does not connect anywhere. Discussion continued regarding the appropriate placement of the sidewalk. Councilmember Masin stated that the point of installing the sidewalk is to keep people from walking in the street. Jansen stated if the objective is to get people to not walk in the street, it makes more sense to put the sidewalk on the other side of the street and take it through the whole complex to Cliff Road. Councilmember Wachter asked Jansen why the sidewalk should go all the way to Cliff Road. Jansen stated that the whole area to the east and west uses the park. Councilmember Wachter said that he felt if children have a sidewalk to use, they will. Councilmember Awada stated that there are more children and homes to the west of Weston Hills Drive. Jansen added that a lot of those children are bused from that location. Jansen also mentioned that the sidewalk is too wide and will come up too far on the property. Mayor Egan asked if the sidewalk proposed was a six foot concrete walk rather than an eight foot bituminous walkway. Director of Public Works Colbert indicated that a six foot concrete sidewalk was being proposed. Mayor Egan noted that design modifications could be made in regard to the width of the sidewalk. He further noted that internal sidewalks have been objectionable. Jansen added that the • sidewalk should not be limited to 300 feet. Mayor Egan stated that the problem with increasing the length of the sidewalk is that if the remainder of the sidewalk does not fit into the City's integrated system, EAGAN CITY COUNCIL MEETING MINUTES;JULY 16, 1996 jl 4,+ ..t • PAGE 12 assessments to property owners would be necessary and it would be difficult to establish special benefit. Councilmember Hunter noted that the objective is to determine if the City is obligated to spend trailway funds for this specific piece of sidewalk being proposed. Tom King, 4800 Weston Hills Drive, addressed the Council and stated that he lives directly across the street from the proposed sidewalk. He added that he helped circulate one of the petitions and that residents wanted a trailway from Red Pine Lane to Cliff Road. He requested the Council look at the whole neighborhood and give them a comprehensive safety program for the children, not just a sidewalk in front of three houses. He noted that there has not been a full public hearing and no information has been sent to the neighborhood, which has resulted in a lack of time to get input from residents. He further noted that another problem is displacing the sidewalk eight feet from the curb and making it six feet wide. He added that he would like to see more enforcement of the stop signs and a reduction in the speed limit. He asked the Council to complete a comprehensive study to find long-term solutions to this safety issue. He mentioned the driveway easement that connects Highway 3 to Inver Grove Heights. He noted that someone using the driveway access could hit a child on the sidewalk. Discussion continued regarding the driveway access. Councilmember Wachter stated that staff from the City of Eagan had contacted Inver Grove Heights to construct a park for that area. He added that Inver Grove Heights was not interested in constructing the park. Mayor Egan stated that the City of Eagan is powerless to solve the driveway access issue in Inver Grove Heights. Mickey Westrum,4716 Weston Hills Drive,addressed the Council and stated that when the petition first came around, it stated this project would be totally funded by the City. She added that she then received a letter stating that certain portions could be funded by the City, but if the sidewalk went all the • way to Cliff Road, residents would be assessed. She stated her concern is that she does not want to be assessed. She added that she was also concerned about the liability that could be incurred if someone was to get hurt on the sidewalk. She also asked if she would be responsible for moving her landscaping and sprinkler system and who would be responsible for the cost that would be incurred. Mayor Egan asked Colbert if the street was wide enough to accommodate a painted pedestrian lane on the street. Colbert indicated that Weston Hills Drive is just a residential street without extra width, but this could be accomplished if the Council so directed. He added that this has not been done anywhere else in the City. Councilmember Hunter questioned if the City should be spending City dollars on this project. He stated he disagrees with staffs interpretation of the trail system plan that this trail connects the park to a major residential area. He added that he believes the major residential area starts at the south end and not the north end. He further added that the intent of funding trails is to connect remote residential areas to parks. Mayor Egan asked if any other Councilmembers were interested in painting a pedestrian walkway. Councilmember Awada stated that sidewalks should be put in this area. She added that three lots are not adequate for this sidewalk. She responded to one of the resident's concerns regarding the speed limit. She stated the speed limit posted is the State minimum and the City cannot lower it. A question was raised if the City could install speed bumps or additional stop signs. Mayor Egan said that the City does not have a standard for speed bumps. He added that in regard to putting up more signs, the City has a policy that requires certain criteria must be met. Councilmember Masin commented that she lives across from a park and many people do not slow down in spite of the stop signs located there. She stated that adding more stop signs is not an effective solution. Councilmember Awada noted that the sidewalk issue needs be addressed before the start of school. Councilmember Hunter stated that he disagrees with putting sidewalks everywhere and having the City incur the cost. He said the reason petitions are brought forth is because residents feel there is a need for something and they are willing to pay for the assessment. • Husman indicated that she thought the petition would prompt discussion and research. She added EAGAN CITY COUNCIL MEETING MINUTES;JULY 16, 1996 "f • PAGE 13 that every school in Eagan has sidewalks connecting residential areas to them, except for Red Pine Elementary. She further added that a solution needs to be found. Mayor Egan stated that there is no policy in the City for interior sidewalks. He again suggested painting a pedestrian trail all the way to Cliff Road to see if this will address the safety issue. Mayor Egan stated that it would be practical to paint the stripe on the west side. He noted that there is a division amongst the residents as to what should be done. Mayor Egan moved, Councilmember Awada seconded a motion to notify the residents along Weston Hills Drive of the intent to put up no parking signs and paint a pedestrian/bicycle trail on the western side of Weston Hills Drive from Red Pine Lane to Cliff Road, to be considered at the August 6, 1996, City Council meeting. Aye: 5 Nay: 0 Councilmember Hunter moved, Councilmember Wachter seconded a motion to deny expenditure of trailway funds for construction of a 6'concrete sidewalk/trailway along the west side of Weston Hills Drive from Red Pine Lane to South Stratford Lane. Aye: 4 Nay: 1 (Councilmember Awada) Councilmember Hunter stated that residents have the right at any time to submit a petition to the City Council with 35% of signatures of the affected property owners. The City Attorney was directed to research the issue of who should be included as part of the 35% of affected property owners and who should be considered a benefitted property owner, in order to determine who should be assessed. Councilmember Hunter moved, Councilmember Awada seconded a motion to change the Council work session date from July 31 and set a Council work session for July 30. Aye: 5 Nay: 0 40 Councilmember Hunter moved, Councilmember Awada seconded a motion to set Council work session dates for August 6 and August 20. Aye: 5 Nay: 0 REQUEST BY OPUS CORP. TO MODIFY MASTER PLAN REGARDING STORE FRONT ELEVATIONS AND LIGHTING City Administrator Hedges gave an overview of this item. Mayor Egan stated that the forest green color was more acceptable than purple for the building frame. Senior Planner Freese discussed the revised plans. Councilmembers Wachter and Awada commended Barnes and Noble's appearance. Councilmember Wachter moved,Councilmember Masin seconded a motion to approve the changes to the master plan for the Opus Promenade as presented. Aye: 5 Nay: 0 CONTRACT 95-12, DEERWOOD RESERVOIR-LOGO DESIGN Director of Public Works Colbert discussed the logo alternatives. Discussion occurred between the Councilmembers as to the preference of the logo. Councilmember Hunter moved,Councilmember Wachter seconded a motion to approve logo#2. Aye: 4 Nay: 1 (Councilmember Masin) RESERVOIR ANTENNAE LEASE AGREEMENTS Director of Public Works Colbert gave an overview of this item. Councilmember Awada moved, Councilmember Hunter seconded a motion to approve the standard lease agreements with authorization for the Mayor and City Clerk to execute all related documents subject to the necessary exhibits meeting • staffs approval. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES;JULY 16, 1996 (1 • PAGE 14 EXTENSION OF WORK HOURS FOR MCNAMARA CONTRACTING FOR NORTHWOOD DRIVE PROJECT Director of Public Works Colbert stated that he received a fax from McNamara Contracting requesting an extension of work hours for the project on Northwood Drive. He added that the contractor is requesting the hours be expanded from 6:00 a.m. to 9:00 p.m. Councilmember Hunter moved, Councilmember Awada seconded a motion to approve the extension of work hours from 6:00 a.m. to 9:00 p.m. for McNamara Contracting to work on Northwood Drive. Aye: 5 Nay: 0 Councilmember Wachter asked why there is a big mound of dirt by the access to 35-E. Colbert stated that he thought it was crushed concrete to be used as base. Director of Public Works Colbert indicated he is trying to negotiate with Mn/DOT regarding their participation on these improvements that are of benefit to the State only. He added that State law precludes Mn/DOT's participation after a contract is awarded. He further added that he is working to delete portions of the contract, that are purely for the benefit of the State. He noted that the deleted portions will not affect the integrity of the project and he stated that he is also trying to get the State to commit to future participation based on the value received. • City Administrator Hedges commended Director of Public Works Colbert for negotiating the lease agreements. He also commended City Attorney Sheldon for his work. Colbert noted that over the 25-year term, with the three vendors, $5 million dollars will be generated in lease revenues. Hedges commended Councilmember Hunter for suggesting implementing a tracking system to track inquiries and requests made to the City Council from constituents. He added that the network system will be in place soon. He noted that Councilmember Hunter will be assisting in reviewing specifications and thanked him for his input. Councilmember Wachter expressed his disappointment that the City has not received an answer from the County in regard to Green Acres. Hedges noted that he would check with the Director of Finance and see if he has received anything additional from the County. Councilmember Wachter stated he felt it would be best for Eagan if the Chamber of Commerce and Convention and Visitors Bureau were separate entities. He asked if Honey Tree, Ltd. would be coming back to the City Council. Hedges stated they would be back in August. Councilmember Wachter acknowledged City Administrator Hedges for reaching his 20th year of employment with the City of Eagan. Councilmembers applauded his length of service to the City. Councilmember Wachter asked how the MVTA gets involved with sponsoring an activity. Councilmember Masin stated that they sponsor one activity per City per year. Councilmember Awada noted that it would have been more cost effective to settle the Blomquist lawsuit instead of going through litigation. Councilmember Awada acknowledged Councilmember Hunter's idea for a wading pool and also said that the location of the pool was a good choice. Mayor Egan noted that he will be at the Noise Conference next week. He stated that discussion will take place regarding the location of next year's conference. He added that they will be trying to locate the conference in this area with the City of Bloomington and Eagan collaborating together. He also added • that there may be the possibility that Eagan could host it entirely. oar,I7e4A EAGAN CITY COUNCIL MEETING MINUTES;JULY 16, 1996 PAGE 15 Councilmember Masin asked about the Airliner Motel and what could be done to get rid of it. Hedges stated that he had the minutes she had requested at a prior Council meeting. He added that the Airliner is involved in the TIF certification process right now. He mentioned that Sue Haggerty of the Sun Current is doing an article on the Airliner, addressing the history of the hotel and also present issues. Councilmember Masin thanked everyone who was involved with the Fourth of July celebration. Hedges noted that a letter was received from a resident who expressed her concern with the lack of a color guard in the parade. He added that a letter is being drafted to be sent to the Lions Club and to the resident. Councilmember Hunter stated he had been contacted by Keith Nelson, a resident who lives by the Wescott and Lexington intersection. He stated Nelson wanted to know when a revised feasibility report would be completed. Director of Public Works Colbert indicated that a letter was sent out and the report is due this week. Councilmember Hunter requested that Colbert deliver a copy of the feasibility report to him and he will forward the report to the resident. ogrisimongi Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register dated July 11, 1996 in the amount of$2,544,498.79. Aye: 5 Nay: 0 The meeting adjourned at 11:00 p.m. • MLK 1 July 16, 1996 Date pieltre-Licity 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.