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05/05/1998 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota May 5,1998 00150 A regular meeting of the Eagan City Council was held on Tuesday, May 5,1998 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin and Blomquist. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. AGENDA City Administrator Hedges suggested that the Administrative Agenda be discussed following Department Head Business. He mentioned that the presentation of a $5,000 check from West Group to the Eagan Fire Department would be made under Department Head Business also. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OF THE APRIL 21,1998 REGULAR MEETING Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 MINUTES OF THE APRIL 21,1998 SPECIAL MEETING Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 VISITORS TO BE HEARD Mayor Egan mentioned that Brandon Mason, a student from Dakota Hills Middle School, is participating in a "shadowing" program and was present in the audience to observe the Mayor and Council. DEPARTMENT HEAD BUSINESS City Administrator Hedges stated that Fire Chief Jensen was present to acknowledge a $5,000 donation from West Group to be used toward the purchase of the first of five CairnsIRIS Thermal Imaging Systems. He noted that the Fire Department has been doing a series of fundraisers to help in the purchase of these systems. Chief Jensen thanked the community and businesses for their support in the fundraising efforts. Councilmember Masin inquired if a discount is given if more than one system is purchased at a time. Jensen explained that the City of Eagan will attempt to purchase their system in conjunction with a couple of other systems being purchased out of Iowa. Mayor Egan thanked West Group for their generosity. Jensen added that the Lion's Club contributed $5,000 and Gopher Smelting contributed $3,000 toward this purchase. City Administrator Hedges said that the Council would need to adopt the necessary resolutions acknowledging the donations received to date for the purchase of a CairnsIRIS system. Councilmember Blomquist commented that a letter should be sent on behalf of the City Council thanking West Group for their donation. Councilmember Wachter moved, Councilmember Masin seconded a motion to direct preparation of a resolution accepting donations received to date for a CairnsIRIS Thermal Imaging System, including a $5,000 donation from West Group. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; MAY 5,1998 PAGE 2 001, j1 ADMINISTRATIVE AGENDA HIGHWAY 55 REDEVELOPMENT DISTRICT AIRLINER AND SPRUCE MOTEL ASBESTOS ANALYSIS City Administrator Hedges stated that the City has been asked by the potential buyer of the Airliner and Spruce Motels, Wispark Corporation, to assume the costs of demolishing the buildings. He added that the Economic Development Commission is recommending an asbestos analysis to define the total costs of demolition. He further added that the City received two quotations, the lowest of which was provided by Nova Environmental Services. Councilmember Blomquist inquired about the background of Nova. Assistant to the City Administrator Hohenstein said that Nova is recognized by the state as a qualified company to conduct this type of testing. Councilmember Awada moved, Councilmember Masin seconded a motion to approve an agreement with Nova Environmental Services to perform an asbestos survey of the Airliner and Spruce Motels to determine whether asbestos abatement is necessary prior to fire training or demolition activities. Aye: 5 Nay: 0 CONSENT AGENDA In regard to Item H, Project 699, authorize the official mapping of the northern segment of the Ring Road incorporating Denmark Avenue and Northwood Parkway east of I-35E, Councilmember Blomquist asked about the mapping process and when it will be undertaken. Director of Public Works Colbert explained the process and said that the action by the Council to authorize the mapping will get the process started. In regard to Item K, Extend Interim Ordinance - D-Il Moratorium, Councilmember Blomquist said she was concerned about extending the moratorium for an additional one and a half years for a total of two and a half years since nothing has been accomplished since the ordinance was approved a year ago. Councilmember Awada stated that the reason it has taken longer than one year is because this is a part of the Comprehensive Guide Plan update that has been worked on for the last nine months and will take another six months to complete. Councilmember Blomquist said that this could have been separated from the Guide Plan update and been done individually. Councilmember Masin stated that she is concerned with extending this for another year unless the City is able to give the property owners some type of compensation since they cannot use their property and still have to pay taxes on it. Mayor Egan stated that there needs to be a legal obligation for the City to compensate someone and added that he does not want to commit himself to reimbursing someone gratuitously simply because the moratorium is extended for a certain period of time. He added that the City has been acting in eminently good faith trying to work toward resolution of land use policy issues which are in the best interest of the whole community. Councilmember Awada stated that this action will only prevent the property owner from subdividing. Mayor Egan noted that if the property owner has any form of investment-backed expectations then perhaps compensation may be owed to them. In regard to N, Approve license agreement with Worldcom Network Services Inc. (Parkland Access - Fiber Optic Cable Installation), Councilmember Wachter noted that this item was being continued indefinitely. In regard to Item V, Approve establishment of scholarship account, Councilmember Wachter asked where the money will come from for the scholarships if gifts and donations are not received to cover this cost. Director of Parks and Recreation Vraa explained that the scholarships will still be provided but the specific program the scholarship is being awarded may reflect a loss in revenue. EAGAN CITY COUNCIL MEETING MINUTES; MAY 5,1998 PAGE 3 00152 In regard to Item X, Authorize staff to work with the City Attorney's office to prepare ordinances making changes to the City Code in the areas of Massage Therapist Licenses, Tree Contractors Licenses, Pawn Shop Licensing and On-Sale Liquor Licenses, Councilmember Wachter stated that the Council had worked hard to keep certain requirements in these areas of the City Code and he asked if the reasons for those requirements are no longer practical, such as the need for a medical certificate for a message therapist and a bond for a tree contractors license. City Administrator Hedges said he would check with City Clerk VanOverbeke regarding the proposed changes. In regard to Item U, Project 743, receive petition, authorize feasibility report (Towerview Rd./Lemay Lake - Sanitary Sewer and Water extension), Councilmember Awada referenced a letter that the Council received requesting that various items be addressed in the review process for this project. A. Personnel Items Item 1. It was recommended to approve the hiring of Karen Butler as a part-time seasonal concession worker. Item 2. It was recommended to approve the hiring of Melinda Hoffmann, Michael Remington, Brendon O'Rouke, Lisa Hayden and John Hayden as part-time seasonal tennis instructors. Item 3. It was recommended to approve the hiring of Carolyn McGill as a part-time seasonal pre-school program instructor substitute and Cynthia Huonder as a part-time seasonal pre-school program assistant substitute. Item 4. It was recommended to approve the hiring of Amber Hall and Daniel Krocheski as seasonal engineering interns. Item 5. It was recommended to approve the hiring of Mary Pat Ochis as a part-time seasonal recreation leader. Item 6. It was recommended to approve the hiring of Jacob Loesch and LeRoy Rother as seasonal park maintenance workers. Item 7. It was recommended to approve the compensation rates for election judge supervisors of $7.25 per hour, for regular election judges of $6.25 per hour and for student election judges of $5.75 per hour. B. Construction/ Demolition trash hauler license for PGM, Inc. It was recommended to approve a construction/ demolition debris hauling license for PGM, Inc. as presented. C. Construction/Demolition trash hauler license for Paul Czeck Trucking. It was recommended to approve a construction/ demolition debris hauling license for Paul Czeck as presented. D. City Auction, set date for May 16, 10:00 a.m. at Eagan Maintenance Facility, 3501 Coachman Point and declare bicycles, unclaimed property and miscellaneous Citypropertyto be surplus. It was recommended to schedule the Eagan City auction for 10:00 a.m. on Saturday, May 16, 1998, at the Eagan Maintenance Facility, 3501 Coachman Point and to declare items, including bicycles, unclaimed property and miscellaneous City property, to be surplus eligible for sale. E. Authorize application for grant funding - Heine Pond. It was recommended to authorize City water resources staff to apply to the MnDNR's Conservation Partners grant program to help fund an experimental project on exotic aquatic weed control. EAGAN CITY COUNCIL MEETING MINUTES; MAY 5,1998 PAGE 4 00153 F. Declare MIS computer hardware and software as surplus for donation to Dragnet. It was recommended to declare various MIS computer hardware and software items as surplus equipment and authorize the donation of these products to Dragnet, a non-profit organization that works with people with disabilities. G. Holz Farm cellular tower/revenue. It was recommended to approve the proposed budget for Holz Farm Friends of the Farm and amend the Parks and Recreation budget for 1998 to reflect these additions. H. Project 699, authorize the official mapping of the northern segment of the Ring Road incorporating Denmark Avenue and Northwood Parkway east of I-35E. It was recommended to authorize the official mapping of the northern segment of the Ring Road incorporating Denmark Avenue and Northwood Parkway east of I-35E. 1. Commercial fertilizer applicator license for Turf Operations. It was recommended to approve a fertilizer applicator license for Turf Operations as presented. J. Final Subdivision, Whispering Woods Twelfth Addition - Hilla, Inc. It was recommended to approve a 98-43 Final Subdivision (Whispering Woods Twelfth Addition) consisting of 12 single family lots and one outlot on approximately 5.49 acres located on Wall Street, in the SW 1/4 of Section 31 subject to the conditions recommended by the Council with the preliminary subdivision. K. Extend Interim Ordinance - D-II Moratorium. It was recommended to approve an extension of the 98-44 Interim Ordinance restricting development of property with a D-II land use designation for a period not to exceed 18 months. (Councilmember Masin abstained and Councilmember Blomquist opposed) L. Approve bids, Lexington & Diffley athletic fields. It was recommended to approve Bid Packages for Contract 98-01, Lexington Diffley Athletic Fields service buildings. M. Project 695, reschedule public hearing (Yankee Doodle Road - Street & Lighting Improvements). It was recommended to reschedule the final assessment hearing for Project 695 (Yankee Doodle Road - Bridge and Street Widening) from May 5 to May 19,1998. N. Approve license agreement with Worldcom Network Services Inc. (Parkland Access - Fiber Optic Cable Installation). It was recommended to continue this item indefinitely. 0. Contract 98-08, receive bids/award contract (Donnywood & Evergreen Additions - Street Imp.). It was recommended to receive the bids for Contract 98-08 (Donnywood and Evergreen Additions - Street Improvements), and award the contract to Bituminous Roadways, Inc., for the base bid in the amount of $215,708.75 and authorize the Mayor and City Clerk to execute all related documents. P. Contract 98-09, approve plans/ authorize ad for bids (Valley View Plateau - Street and Utility Improvements). It was recommended to approve the plans for Contract 98-09 (Valley View Plateau - Street and Utility Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Friday, May 29,1998. Q. Contract 89-13, authorize arbitration to recover claim for damages and noncompliance with contract, (Cliff Road Water Treatment Facility). It was recommended to authorize the pursuit of a claim through arbitration for City Contract 89-13, Cliff Road Water Treatment Facility. R. Contract 94-00, acknowledge completion /authorize City maintenance (Pines Edge 1st Addition). It was recommended to acknowledge the completion of Contract 94-00 (Pines Edge 151 Addition - Street & Utilities) and authorize perpetual City maintenance subject to warranty provisions. 001 54 EAGAN CITY COUNCIL MEETING MINUTES; MAY 5,1998 PAGE 5 S. Contract 95-B, acknowledge completion/ authorize City maintenance (Pines Edge 2nd Addition). It was recommended to acknowledge the completion of Contract 95-B (Pines Edge 2nd Addition) and authorize perpetual City maintenance subject to warranty provisions. T. Receive petition/order public hearing - easement vacation (Dallas 2nd Add.). It was recommended to receive the petition to vacate drainage and utility easements, and schedule a public hearing to be held on June 2,1998. U. Project 743, receive petition, authorize feasibility report (Towerview Rd./Lemay Lake - Sanitary Sewer and Water extension). It was recommended to receive a petition and authorize the preparation of a feasibility report for Project No. 743 (Towerview Road/Lemay Lake - Sanitary Sewer and Water extension). V. Approve establishment of scholarship account. It was recommended to approve the creation of a "Scholarship Account" and process to receive gifts/donations to be used for recreation program registrations. W. Consider amendment to development agreement Gardenwood Ponds 2nd Add. - Contract 96-BB). It was recommended to approve the request for amendment to the Development Agreement (Gardenwood Ponds 2nd Addition). X. Authorize staff to work with the City Attorney's office to prepare ordinances making changes to the City Code in the areas of Massage Therapist Licenses, Tree Contractors Licenses, Pawn Shop Licensing and On-Sale Liquor Licenses. It was recommended to authorize staff to work with the City Attorney's office to prepare ordinances making changes to the City Code in the areas of massage therapist licenses, tree contractors licenses, pawn shop licensing and on-sale liquor licenses. Y. Approve application to the Department of Natural Resources for a Conservation Partners Grant. It was recommended to approve the submission of a grant proposal to the Department of Natural Resources by the Park and Recreation Department, Forestry Division for the purpose of developing a new digitized set of aerial photos of the City. Z. Final Subdivision, 6.53 acres consisting of two lots for a restaurant and a 151-unit senior housing 98-45 facility, Marice Addition - DPDC, Inc. It was recommended to approve a final subdivision, Marice Addition, consisting of two lots on 6.53 acres east of Pilot Knob Road and south of Marice Drive (formerly the site of the Eagan Athletic Club), located in the SW 1/4 of Section 10. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 PUBLIC HEARINGS CERTIFICATION OF DELINQUENT UTILITIES City Administrator Hedges provided an overview on this item. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council. Councilmember Awada moved, Councilmember Wachter seconded a motion to close the public hearing and approve certification of delinquent utility accounts to Dakota County for collection with property taxes. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; MAY 5,1998 PAGE 6 VACATE A PORTION OF MEADOWVIEW ROAD, WEST OF ALEXANDER ROAD AND EAST OF THE CANADIAN PACIFIC RAILROAD City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council. Councilmember Blomquist moved, Councilmember Masin seconded a motion to close the public hearing and approve the vacation of a portion of Meadowview Road west of Alexander Road and east of the Canadian Pacific Railroad and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 PROJECT 717R, COUNTRY HOMES HEIGHTS - STREET IMPROVEMENTS City Administrator Hedges provided an overview on this item. Director of Public Works Colbert introduced City Engineer Russ Matthys who discussed the details of the project. Mayor Egan stated that he no longer has a financial interest in this project and asked the City Attorney for his confirmation of that fact. City Attorney Sheldon indicated that Mayor Egan no longer has a conflict of interest in regard to this project. Mayor Egan said that since the City received a petition signed by 58% of the affected property owners requesting the improvements a 3/5's vote of the Council would be needed to approve the project. He then opened the public hearing to anyone wishing to speak. Curt French, 2841 Vilas Lane, questioned why the cost savings of $93,000 was not being passed on to the homeowners in a reduction to their assessment. Director of Public Works Colbert explained that according to the City's special assessment policy the assessable amount was determined to be $10,000 per lot but the appraisal indicated that only $4,000 in benefit could be shown to each property. He added that although there was a reduction in the project cost it did not reduce the benefit to the property owners. Mr. French commented that a lot of dust is created by the gravel roads and there is a cost to the City to provide dust control. He added that he talked to the Police and Fire Departments and they indicated that there is a longer response time to properties located on gravel roads, especially in winter. He urged the Council to approve the project. David Jones, 2988 Pilot Knob Road, said he was in support of the project. Cherie Coffman, 1391 Ranier Lane, referenced a summary of questions that were asked at the public informational meetings and requested the Council approve the project. Mayor Egan asked for a show of hands from property owners who were present in the audience on this project and those who were in support and opposed. Twenty-three property owners were present, 15 were in support of the project and eight were opposed. George Willmarth, 2930 Burnside Avenue, said that he feels the main concerns are the cost of this project to the City, runoff into ponds and the change to the aesthetic nature of the neighborhood. He further said he was in favor of keeping the roads gravel. City Engineer Matthys addressed the runoff issue as it related to both gravel and bituminous surfaces. 0015 5 Diane Larsen, 2857 Vilas Lane, stated that she was opposed to the improvements and said that this area is different from the rest of Eagan and has less traffic. EAGAN CITY COUNCIL MEETING MINUTES; MAY 5, 1998 PAGE 7 Al Blaisdell, 2943 Inland Road, said he was in support of the project and felt it would be more costly to do the project in the future. Bud Lutz, 2960 Egan Avenue, questioned the affect of the drainage onto his property if an easement is granted for storm sewer and said he was concerned about flooding. He added that if the project is approved he would like to see a four-way stop sign installed at the intersection of Burnside and Egan Avenue in addition to a traffic count both prior to and after the project is complete. He stated that he was opposed to the project. Mayor Egan stated that the Council will need to look at the need for signage on Egan Avenue. Jennifer Ruby, 2909 Egan Avenue, requested clarification on the impact to a culvert on her property. Director of Public Works Colbert said that the condition of the culvert would be investigated. Kris Marquette, 2976 Burnside Avenue, said she was in support of the project. Candy Maloney, 2970 Egan Avenue, stated that she was opposed to the project. She further stated that if the project is approved she would request that her property be removed from the assessment roll in lieu of granting the City an easement and said granting an easement will affect her property. Councilmember Blomquist asked how many ponding easements the City will need to acquire. Director of Public Works Colbert stated that it will not be necessary to acquire any ponding easements but there will be the need to acquire an easement over the existing storm sewer or abandon the existing line and reconstruct a new storm sewer line. Tom Flanagan, 2945 Egan Avenue, said he prefers the gravel roads and is opposed to the improvement because it will cause more traffic to cut through their neighborhood to reach the industrial park. Neil Black, 2825 Vilas Lane, noted that this is the fourth proposal for these improvements that has been before the Council since he has lived in the neighborhood and said he was in favor of the project and commended the Council for reducing the width of the street. Bob Lencowski, 1381 Ranier Lane, said he was in support of the project. Sandy Duff, 1390 Ranier Lane, mentioned that she has only lived on Ranier Lane for six months and already sees problems with ruts and dust from the gravel roads. She said she was in favor of the project which will improve their property value. Joe Harrison, 2811 Beam Lane, said the improvements will increase traffic and added that he likes the gravel roads. He stated that he believed it was illegal for the Council to reduce the road size and that the road width should be the full 32 feet with curb and gutter. He inquired about parking on the street near Country Home Park. He stated that he was opposed to the project. Director of Public Works Colbert stated that it may be possible to provide a curb cut near the park and staff could work with the Parks Department on this issue to address the potential for off-street parking. Merri Solstad, 2980 Pilot Knob Road, said she was in support of the project and added that her neighbors on 2969 Inland Road asked her to convey their support also. Don Cummings, 2960 Inland Road, stated that he was in support of the project and liked the reduced width of the roadway. EAGAN CITY COUNCIL MEETING MINUTES; MAY 5,1998 PAGE 8 00157 Bonnie Burns, 2969 Burnside Road, said she was in support of the improvement and suggested the installation of street lights. Mayor Egan said that a request for streetlights would need to be brought to the Council by a petition. Larry Poppler, 3030 Poppler Lane, expressed concerns with drainage into Pond DP15. He asked if a hydrologic analysis of the runoff had been conducted on this pond. Director of Public Works Colbert said that an analysis has not been done and explained the drainage boundaries that will flow into Pond DP15. Mr. Poppler commented on the lack of absorption, the friction factor and increasing additional flow area and said the City has proposed that the long-range problem be addressed by the property owners who live around the drainage area. Colbert stated that the City is trying to avoid a project that would result in special assessments to Mr. Poppler and his neighbors per his request. He added that if there is an interest to do something with the drainage pond on the south side of Lone Oak Road the City can respond with a public improvement project which would require assessments. He further added that Mr. Poppler's property is one of the few in the City that has not paid any trunk area assessments. Mr. Poppler said that the pond is almost at full capacity now. Colbert stated that the pond needs some type of an outlet and it should be addressed by a project on its own merits. Mr. Poppler said it should be paid for by the community and not just the residents surrounding the pond. Colbert said these issues could addressed as part of a feasibility report for a separate project. Mayor Egan stated that Mr. Poppler's questions were outside of the scope of this project and public hearing and would be better addressed as a separate matter. Councilmember Awada said that if Eagan was never fully developed there would never have been a need for a storm sewer system and this is the next stage. Mr. Poppler added that this problem needs to be addressed but by the community at large and not just the residents adjacent to the pond. Director of Public Works Colbert stated that according to the City's policy when trunk improvements are installed in a drainage district all properties within that drainage district are typically assessed for those trunk improvements. He added that this is one of the few areas in the City that has not had a trunk improvement yet. Councilmember Wachter directed the Engineering Department to conduct a study of this area and then hold a public hearing on the matter. Mr. Poppler said he was concerned about fairness with regard to this water problem. Councilmember Wachter stated that the City has always tried to do things fairly. Mayor Egan added that Mr. Poppler's concerns were not directly related to this public hearing. Mr. Poppler continued to express his concerns. Councilmember Wachter declared the discussion out of order. Further discussion occurred and Mayor Egan also declared the hearing out of order. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. Councilmember Wachter asked how many areas in the City still require grading of roads. Director of Public Works Colbert identified the remaining areas that are graded. Mayor Egan said that Country Home Heights is the last major subdivision in the City that still has gravel roads. Councilmember Awada added that since the cost to the City has been reduced she is in support of the project. Councilmember Masin stated that she is in support of the project because the safety and erosion problems are significant. She further stated that if the project is delayed the cost will continue to increase. Councilmember Blomquist stated that the Council is split on how they feel about the City's assessment policy and said she is not in agreement with it. She further stated that generally property owners are assessed 75% for the residential equivalent and 25% is paid for by the City. She noted that with regard to this project 38% is being assessed to the residents with 62% being paid for by the City. She added that she feels this neighborhood needs improved streets but further added that there are some things that need to be worked out with the assessment policy procedure and said as long as there is a block on the Council it probably will not happen soon but will happen some day. Mayor Egan clarified that the 75%/25% cost split is applied when a street is reconstructed but not in the case of a new construction project. Councilmember Awada stated that the City can only assess up 00158 EAGAN CITY COUNCIL MEETING MINUTES; MAY 5,1998 PAGE 9 to the maximum amount allowed that the property increases in value according to the street assessment policy. Councilmember Blomquist stated that appraisals which have been done on the homes in this area are not available to the property owners because someone may sue and she advised all of the property owners not to sue because they are getting a very good deal. Councilmember Masin moved, Councilmember Awada seconded a motion to close the public hearing and approve Project 717R (Country Home Heights - Street Improvements) and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) PROJECT 736, GRAND OAK BUSINESS PARK AUAR ENVIRONMENTAL REVIEW AND INTERNAL TRAFFIC STUDY City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Marie Cote, representing SRF Consulting Group, discussed the details of the project. Mayor Egan opened the public hearing to anyone wishing to speak. Greg Miller, representing Wispark, commented that they are in favor of this project. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. He asked if special benefit can be established to justify the cost being assessed. He also asked why the John Allen property is not being included. Director of Public Works Colbert stated that the John Allen property is already built out and developed and there is no need for any environmental or internal traffic studies. He clarified that the size of the remaining parcels would likely trigger the need for an Environmental Impact Statement. He commented that completing these studies will benefit the property owners. He added that any constraints will be identified as well as the necessary public improvements. He further added that these studies will also be beneficial to prospective buyers. Councilmember Wachter asked about the impact to the people in the residential areas. Director of Public Works Colbert stated that the residential properties are not being incorporated and there will be no assessments levied against them. Councilmember Awada commented on discussions regarding the northwest portion of the site that the Council has had in conjunction with the Comprehensive Guide Plan update. Ms. Cote reiterated that the study will help to determine what improvements are needed and will benefit prospective buyers. Councilmember Wachter moved, Councilmember Masin seconded a motion to approve Project 736 (Grand Oak Business Park - AUAR Environmental Review and Internal Traffic Study) and order the preparation of the respective studies to be performed by the firm of SRF Consulting Group, Inc. Aye: 5 Nay: 0 OLD BUSINESS DEFERRAL OF SPECIAL SEWER AND WATER ASSESSMENTS UNTIL TAX PAYABLE YEAR 2003, CAPONI ART PARK City Administrator Hedges provided an overview on this item. 98-46 Dave Kennedy, President of the Board of Directors of the Caponi Art Park, said that the Legislature felt the decision of whether or not to defer special assessment payments was better left to the EAGAN CITY COUNCIL MEETING MINUTES; MAY 5, 1998 JL s,'_ PAGE 10 City of Eagan. He said the Caponis and the association appreciate the Council's endorsement of this legislation. Councilmember Wachter asked if the foundation, that was recently established, would consider reimbursing the cost of the chain link fence installed years ago, in addition to staff and attorney fees that have been incurred by the City. Mr. Kennedy said he was not aware of these issues and said their main concern is to make this park a great attraction for the City. Councilmember Masin moved, Councilmember Awada seconded a motion to approve a resolution deferring the payment, including current and future accrued interest, of sewer and water special assessments levied against the 60 acre tract of property at 1215 Diffley Road known as the Caponi Art Park until tax payable year 2003, providing that if the property or any portion of it is, during the five- year period, conveyed to anyone other than Mrs. Caponi, a child of Mr. Caponi or a non-profit corporation, all deferred special assessments would be payable with interest at that time. Aye: 4 Nay: 1 (Councilmember Wachter opposed) City Administrator Hedges stated that approval should be subject to an agreement to be worked out between the City Attorney and Mr. Kennedy. WESCOTT HILLS DRIVE, CONSIDER STREET NAME CHANGE AND DELETE MUNICIPAL STATE AID DESIGNATION City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Mayor Egan suggested that the adjacent property owners should be given the opportunity to come up with a new name for the street. Director of Public Works Colbert indicated that staff will coordinate with the neighborhood and try to come up with a schedule and street name that is most compatible to the affected property owners. Councilmember Blomquist moved, Councilmember Masin seconded a motion to remove Wescott Hills Drive from Municipal State Aid Classification and staff was directed to contact neighbors to consider recommendations for a street name. Aye: 5 Nay: 0 DETERMINATION OF NEED, ENVIRONMENTAL ASSESSMENT WORKSHEET EAGAN FAMILY AQUATIC FACILITY City Administrator Hedges provided an overview on this item. City Attorney Sheldon stated that upon the submittal of the petition the Environmental Quality Board (EQB) designated the City as the Responsible Governmental Unit (RGU) and therefore responsible for making a determination as to whether there is the need for an Environmental Assessment Worksheet (EAW). He explained the difference between mandatory and discretionary completion of an EAW. City Administrator Hedges mentioned that staff received a copy of the petition that was submitted to the EQB and stated that staff reviewed each item and prepared findings for Council consideration. Director of Parks and Recreation Vraa reviewed the major points listed in the petition and explained staff's response. Larry Christensen, 3896 Denmark Avenue, commented on the parking and traffic situation at the St. Louis Park aquatic facility. Vraa indicated that overflow parking can be considered if the parking on the Municipal Center Campus is not sufficient. EAGAN CITY COUNCIL MEETING MINUTES; MAY 5,1998 PAGE 11 OO1ouo Jeff Gregory, 1322 Deercliff Lane, commented on the Council's approval of Project 736 (Grand Oak Business Park - AUAR) earlier on the agenda and asked if the completion of an EAW would improve the attractiveness of the adjacent property owner's property. He said he understands that an EAW will not be approved this evening and added that he does not necessarily find that to be a bad thing because that will lead to legal questions in the future. Councilmember Masin said she would like the Council to request the Advisory Parks Commission do a build out for the City that would include all the amenities the Council would like the City to have and determine the best sites for all these uses. Councilmember Blomquist stated that she would like the Council to conduct studies to determine the effects of increased traffic and parking. She added that there is no statistical data available regarding this proposal and the potential effects. She said that she believes the City needs a pool and is not opposed to this site if the facility is scaled back in size. She questioned the impact of chemicals from the pool on the environment. She said she does not want this project to be slowed down, but said that some issues need to be addressed. Councilmember Awada stated that she agrees some issues need to be investigated more fully but added that if an EAW is completed it will stall the project for at least a year. She further stated that the rest of the Council supports addressing the issues in conjunction with the construction of the pool. She added that she was not in support of an EAW that will slow down the project. Councilmember Blomquist commented that she feels the City should hire outside consultants to address noise impacts, parking and runoff from chlorinated pools. Councilmember Wachter said that these issues can be addressed at the appropriate time. Councilmember Awada moved, Mayor Egan seconded a motion to adopt findings concluding that an Environmental Assessment Worksheet is not necessary for the Eagan Family Aquatic Facility. Aye: 3 Nay: 0 (Councilmember Blomquist and Masin abstained) Councilmember Blomquist stated that she was abstaining because the Council has not indicated how the environmental impacts will be addressed. Councilmember Masin concurred. Mayor Egan noted that the pool capacity does not mandate the completion of an EAW. He added that the Council will continue to address the concerns that have been identified. He stated that the Council retained the services of Barton Aschman about three years ago to conduct a study to identify the City's recreational needs. He commented on the wish list that was developed as a result of that study. He said this site has been anticipated as the location for a use similar to the aquatic facility. CONSIDER DESIGN & DEVELOPMENT OF PROPOSED EAGAN FAMILY AQUATIC FACILITY City Administrator Hedges provided an overview on this item. Chuck Neuman, Water Technology, Inc., discussed the details of the proposed facility. Hedges commented on the number of e- mails, letters and petitions that were received both in support and in opposition to the proposed facility. Larry Christensen, 3896 Denmark Avenue, said that the petition which was submitted containing 500 signatures does not indicate that the petitioners are opposed to a swimming pool but rather they feel the site is undersized. He commented that some people who signed the petition in opposition to the site were from other areas of Eagan besides the area adjacent to the site. He noted that the concerns of some residents include the cost, size of the facility, noise impacts to the library and the adjacent residents, visual impacts, traffic and parking. He said there are good alternatives that should be explored. 00161. EAGAN CITY COUNCIL MEETING MINUTES; MAY 5,1998 PAGE 12 Mike Lasusa, 1348 Chatterton Court, presented a petition containing 300 signatures requesting the Council approve the aquatic facility on the Municipal Center Campus with all the proposed features. He added that there is no sense of community in Eagan and this will offer a central place for kids to go. He commented that noise is generated from a variety of sources such as I-35E, Pilot Knob Road and airplanes. He said that this site was purchased many years ago and was intended for a similar use. He stated that he started getting signatures for the petition yesterday afternoon. He added that most people thought the aquatic facility was already approved by the Council. Councilmember Blomquist clarified that she is not opposed to a swimming pool as was indicated in a voicemail message left by Mr. Lasusa's wife. Tim Dunn, 3935 Denmark Avenue, stated that he was opposed to the aquatic facility and commented on the noise factor. He said this outdoor facility will only be open 90 days per year and also commented on the large scale of the facility. Holly Nelson, 3562 Woodland Trail, submitted a petition in support of the project. She cited the benefits of the bike trail access and job opportunities for youth. Jennifer Griffith, 1967 Chipmunk Court, indicated she did not have a strong position in favor of or in opposition to the pool. She added that she enjoys the wading pool and hopes the Council will keep the price reasonable so families can afford to use the aquatic facility. Jo Lipinski, 3460 Golfview Drive, stated that she is a home health care nurse who works at the senior facility in St. Louis Park which is adjacent to an aquatic facility. She added that she had worked there for some time before realizing there was an aquatic facility nearby and further added that noise is not a problem. Mayor Egan said that the only concern the Parks and Recreation Director and the Mayor of St. Louis Park had with their aquatic facility is not having enough staff. Councilmember Awada stated that the reason the consultants have not conducted noise studies is because no concerns or issues have arisen from the hundreds of other water parks that they have constructed. Brandon Mason, 1379 Easter Lane, said he feels the aquatic facility will have a positive effect for the community and further said he feels the site is appropriate. He commented on the minimal impact to the library. He added that this site is central to the City and was designated for a similar use. He further added that noise from the facility will be mitigated by landscaping and the lower elevation of the pool. Steve Ballinger, questioned the service entrance and what types of trucks would be using it. Mr. Neuman said that the major access will be through the parking lot and only minimal access will occur to the back of the facility. Councilmember Blomquist asked about the noise from the pumps. Mr. Neuman described the building that will house the pumps and said that when the doors are closed no noise will be heard. Tim Dulac, 1255 Deerwood Drive, asked about the elimination of the lazy river feature and the possibility of relocating the water slides and mechanical areas. Mr. Neuman stated that the lazy river feature was added to provide additional capacity. He further stated that after the bids are received the Council will decide whether or not to include this feature. He explained that the water slides were moved further from the residents' homes and clarified why they could not be moved further. He stated that in accordance with the population of Eagan the lazy river is a much better fit for the community. Discussion occurred regarding the profitability of the aquatic facility with and without the lazy river feature. Councilmember Wachter added that the lazy river is family-oriented and provides more 001G2 EAGAN CITY COUNCIL MEETING MINUTES; MAY 5,1998 PAGE 13 entertainment. He further added that the Council felt adding this feature would make the facility more successful. Councilmember Masin addressed concerns that were raised by the public regarding non-Eagan residents coming to use the facility. She said that Eagan residents currently have to use facilities in other communities and the aquatic facility should be open to everyone. She stated that she is concerned with the process and planning regarding this facility. Councilmember Wachter commented on noise he hears at his residence from traffic on I-35E and added that the interstate has benefited the community of Eagan. He mentioned the opposition the Council had when they approved the trail system and stated that this has been a very successful feature in the City. Mayor Egan mentioned that there is no sense of community in the City and said this facility was envisioned to serve the greater Eagan community. He noted that the Council has indicated they will continue to try and mitigate the concerns of the residents. He said that Water Technology, Inc. was given direction to design a facility to meet the needs of the entire City. He further said this is not designed as a commercial facility. He added that it fits in well with the recreational plan for the City and fits well on this site. He discussed the history and zoning of the land and noted that this type of facility has always been considered for this site. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve authorization for the completion of the design and development phase of the proposed Eagan Family Aquatic Facility. Aye: 3 Nay: 2 (Councilmembers Blomquist and Masin opposed) Councilmember Masin stated that she was voting no because the major issues need to be addressed and a timeframe has not been established to address them. Councilmember Blomquist said the lazy river feature is too large for this site. She stated that she is in support of a pool, but said she is also concerned that the issues are not being addressed. NEW BUSINESS AUTHORIZATION, PREPARATION OF CEDARVALE COMMERCIAL AREA TAX INCREMENT FINANCING REDEVELOPMENT PLAN FOR CONSIDERATION OF THE FORMATION OF A TIF DISTRICT City Administrator Hedges provided an overview on this item. Assistant to the City Administrator Hohenstein gave a staff report. Councilmember Awada said she was in support of this proposal. She asked about the inclusion of the properties on the north side of TH 13. Hohenstein said that the Council may choose to include other areas and added that it is likely that the property on the north side of TH 13 could qualify for a separate district. He further said the analysis could be extended to include the north side of TH 13. Councilmember Awada suggested doing an analysis of the entire area and later splitting it into two districts. Councilmember Blomquist questioned if any residential area was being included as indicated on the map. Hohenstein clarified what property was being included. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve authorization for the preparation of a redevelopment market plan and land use plan to be used for the consideration of the formation of a tax increment financing redevelopment district. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; MAY 5,1998 PAGE 14 INTERIM USE PERMIT - PARKING ASSOCIATES, LLC City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report and stated that the City received a petition on Friday requesting that an Environmental Assessment Worksheet be prepared on this proposal. He added that this petition has not been sent to the Environmental Quality Board yet. He said the AUAR that will be completed on the triangle area will respond to the typical issues that an EAW would address and the mandatory ISP will address traffic and air quality. City Attorney Sheldon said that if the EAW is filed with the EQB it is likely the EQB will deem the City to be the responsible governmental unit to make the determination of whether there is the potential for significant environmental affects. He added that the Council may have made that determination already by authorizing the AUAR and the traffic study analysis for the triangle area. He stated that the Council could approve the application subject to completion of the AUAR, ask the applicant to waive the agency action requirement and wait for the results of the AUAR or deny the application. Dave Sellergren, representing Parking Associates, LLC, stated that they had requested an interim use permit for a 15-year timeframe, but the Advisory Planning Commission was only recommending the permit be approved for a period of five years. He said they would like to request that eight years be approved which would more feasible from a financing perspective. Councilmember Awada asked if the Council was intending to act on this application this evening or delay action. City Attorney Sheldon stated that Council has the option of waiting until the completion of the AUAR before acting on this application. Mr. Sellergren said that this project does not meet the mandatory thresholds for an EAW and said that the Council could condition the approval of the application on the completion of the AUAR and receipt of the ISP. Councilmember Wachter stated that the Council should not consider the application this evening. Mr. Sellergren added that they would prefer some determination from the Council regarding the land use request. Councilmember Blomquist said she was concerned that the Council has spent a considerable amount of time considering zoning this parcel to Business Park and further said she was not ready to allow an interim use on this site. Mayor Egan stated that the Council is trying to attract Business Park uses because it enhances the quality of a particular zoning district. He added that the residents in the area have a certain reasonable expectation as to what their land will be rezoned to and what the land around them will look like. He said the interim use does not fit any of the use classifications that Business Park normally entails. Mr. Sellergren stated that the building materials that will be used meet those required in a BP zoning district and the building will be designed so that it can be converted to an office/ warehouse use. Mayor Egan noted that one APC member likened this use to outdoor storage. Mr. Sellergren commented on similar structures in Bloomington and the compatibility with the surrounding uses. He added that a component of this investment is designed to convert the structure to another use. Mayor Egan said that he has several concerns pertaining to what the Council is trying to do with this area. Mr. Sellergren stated that the Council could condition their action on the completion of the AUAR. Councilmember Masin said that she was willing to continue consideration of the application. Mr. Sellergren indicated that the applicant was willing to waive the 60 day agency action deadline and agree to a continuance. Councilmember Awada added that it would be in the best interest of the applicant to work with the commercial and residential neighbors. Greg Miller, representing Wispark, said they have some concerns with this request. 00163 EAGAN CITY COUNCIL MEETING MINUTES; MAY 5,1998 PAGE 15 Councilmember Blomquist moved, Councilmember Wachter seconded a motion to continue consideration of an Interim Use Permit to operate a park and ride facility on property located on the northeast side of TH 55, south of Blue Gentian Road in the NW 1/4 of Section 2 until the AUAR is completed. Aye: 5 Nay: 0 INTERIM USE PERMIT - WAYZATA BAY CENTER COMPANY City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Discussion occurred regarding the appropriateness of approving this use in the Cedarvale Shopping Center given the fact that the area may be considered for the formation of a Tax Increment Financing District. City Administrator Hedges stated that the City has no control over what the property owner wants to do with the Cedarvale Shopping Center. Councilmember Awada said that leasing the space to the School District will make the property more valuable. Sue Grissom, the School District Program Director, was available for questions. Councilmember Masin moved, Councilmember Awada seconded a motion to approve an Interim Use Permit converting 10,000 sq. ft. of the existing Cedarvale Shopping Center into classroom space for Independent School District 191's Special Needs program located at 3914 Sibley Memorial Highway subject to the following conditions: 1. The permit shall terminate on June 1, 2008. 2. Student hours shall be limited to 8:00 a.m. - 3:00 p.m. 3. The number of students shall be limited to 50. 4. All students shall be bussed to and from the site. 5. No school or recreational activities shall be allowed on-site outside of the Cedarvale building. 6. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The Interim Use Permit may be revoked for failure to comply with any condition of the permit following the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. Aye: 4 Nay: 1 (Councilmember Wachter opposed) Councilmember Wachter stated that he was not opposed to the project but felt that if a TIF district is formed the City may be placed in a difficult position. REZONING - LIBERTY PROPERTY TRUST 00164 City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. EAGAN CITY COUNCIL MEETING MINUTES; MAY 5,1998 O0116 PAGE 16 Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a Rezoning from Limited Industrial (I-1) to Business Park (BP) for Lot 3, Block 1, Eagandale Corporate Center. Aye: 5 Nay: 0 PROJECT 744, GRAND OAKS COMMERCE CENTER (PARK AND RIDE RAMP - UTILITIES) Councilmember Awada moved, Councilmember Wachter seconded a motion to receive a petition and continue consideration of a feasibility report for Project No. 744 (Grand Oak Commerce Center/ Park and Ride Ramp - Sanitary Sewer and Water Extension) indefinitely. Aye: 5 Nay: 0 ROUND TABLE Mayor Egan commended City Attorney Sheldon on his re-election to the Dakota Electric Association Board. Councilmember Awada moved, Councilmember Masin seconded a motion to schedule a Special City Council meeting for May 26, 1998 at 5:00 p.m. Aye: 5 Nay: 0 City Administrator Hedges mentioned that the Eagan Foundation authorized an essay contest requiring youth to write an essay in response to a question about the community. He asked if the Council would be interested in acknowledging the winners of the contest from each school. Councilmember Blomquist moved, Councilmember Masin seconded a motion to include a request by the Eagan Foundation for two eighth grade students to read essays about the community at the May 19,1998 City Council meeting. Aye: 5 Nay: 0 Councilmember Wachter commented on camouflaging of monopoles and requested further information. Mayor Egan gave a letter from Judith Dutcher of the State Auditor's Office regarding investments to City Administrator Hedges. Councilmember Masin reminded the Council of the County of the Future Conference that will be held on May 19. She stated that it takes courage for people to approach the podium and speak to the Council and requested that Councilmembers do not become overzealous in their comments to them. Councilmember Blomquist commented on a letter she received from a resident and said she hoped her road suggestion would not be taken seriously. Councilmember Awada stated that Larry Poppler needs to be aware that he will be treated the same as the other property owners in the City with regard to any public improvement project and proposed assessment. CHECK REGISTER Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register dated May 4, 1998 in the amount of $1,689,027.17. Aye: 5 Nay: 0 ADJOURNMENT The meeting adjourned at 11:30 p.m. EAGAN CITY COUNCIL MEETING MINUTES; MAY 5,1998 PAGE 17 00166 MLK 5, 1998 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, sexual orientation, marital status or status with regard to public assistance.