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08/18/1998 - City Council RegularMinutes of the Regular City Council Meeting August 18, 1998 page 1 MINUTES OF A REGULAR MEETING OF THE 00303 EAGAN CITY COUNCIL Eagan, Minnesota August 18, 1998 A regular meeting of the Eagan City Council was held on Tuesday, August 18, 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. ....................... . .................. .... GENbA A Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OF TIFF BUG L?ST #,1998 GULAR MEETIN+ Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 1w NC TES OF Ti IF JUL' 28,.X998 SPECIAL MEETING Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 P >rSENTATIt)05 & RECOGNI io PRESENTATION OF POLICE DEPARTMENT OUTSTANDING CITIZEN'S COMMENDATION City Administrator Hedges provided an overview on this item. Police Chief Geagan provided additional information on the Police Department Outstanding Citizen's Commendation and commended Stephanie Smith for her heroic efforts in saving a boy from drowning. Mayor Egan presented Ms. Smith with a plague in recognition of lifesaving efforts. DEPARTMENT HEAD BUSINESS CLARIFICATION OF ELECTION SIGN POLICY City Administrator Hedges provided an overview on this item. He stated that the policy had been inconsistent with the County's more stringent, but loosely enforced policy. Councilmember Awada stated that the Parks and Recreation Department should be aware that the maintenance workers have historically tossed the campaign signs into the weeds if they interfered with mowing; she asked that the department handle the signs more reasonably. Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve a revised City election sign policy. Aye: 5 Nay: 0 GRAND OPENING OF CIVIC ARENA (SECOND SHEET OF ICE) AND GROUNDBREAKING OF AQUATIC FACILITY City Administrator Hedges provided an overview on this item. He gave a history of past groundbreakings and grand openings and stated that the staff intended to produce a festive event with activities to draw community participation. He stated that the staff kept the costs on this event reasonable and then distributed a draft of the invitation to be sent to various members of the Minutes of the Regular City Council Meeting August 18, 1998 page 2 00304 community. He further commented that the Council should consider naming the facility and directed their attention to the suggested names made by the Advisory Parks Commission. Councilmember Masin suggested that the name not include the word "family" because that limits the other demographics to which this facility may appeal. She further stated that the Parks Commission should decide the name and make a recommendation to the Council for approval. Mayor Egan stated that there were two more opportunities before the groundbreaking for Council action to decide on a name. Councilmember Wachter stated that he thought everyone interested in the public, the commission and on the Council should submit names and then the Council should consider them and approve one. Councilmember Wachter moved, Councilmember Awada seconded a motion to collect input on names and make a decision at the meeting on August 25, 1998. Mr. Floyd Hiar was present and addressed the Council. He stated that it is inappropriate to hold a joint grand opening/ groundbreaking ceremony because the second sheet of ice deserves its own ceremony. He further stated that the controversy surrounding the Aquatic Facility makes a celebration of the groundbreaking inappropriate. He reminded the Council that he had asked for information on what it would cost to bring his family to the facility and stated that he still did not have an answer. He stated that the community should name the facility and suggested holding a contest to select the name. Mr. Jeff Gregory of 1322 Deercliff Lane was present and addressed the Council. He stated that the second sheet of ice at the Civic Arena should have a grand opening celebration, but that the Aquatic Facility should not have a groundbreaking ceremony at this time. He stated that this event was a city- financed campaign event for Councilmember Awada's campaign for Mayor. Councilmember Awada responded that the City has held groundbreaking campaigns for every new public facility and that she thought the community should be proud of the new facility and have the opportunity to be part of the celebration. She stated that the combined event saves on costs and saves staff planning time. She commented that both projects have been supported by the community and that the community should be able to be involved in their celebration. She extended invitations to Mr. Hiar and Mr. Gregory to attend the event in spite of their opposition to the Aquatic Facility project. Mayor Egan stated that he supported Councilmember Awada's comments and added he was disappointed that the two individuals were still so insistent on the "so-called" controversy of the Aquatic Facility project. He stated that he has been inundated with calls from supporters of the project and reaffirmed the widespread public support garnered by this project. Councilmember Masin stated that it takes courage for residents to approach the Council and commented that they should not feel chastised for expressing their opinions. Mayor Egan responded that all persons present at a public meeting must be responsible for their comments, including the audience, staff and Councilmembers. Councilmember Blomquist stated that the most important event of the celebration was the grand opening of the second sheet of ice and stated that it should receive top billing on the invitations and in the planning. She further stated that all the groups who were responsible for the installation of the second sheet of ice should be invited and involved in the grand opening. She stated that the Council should proceed more slowly with choosing a name and have fun with the process. Mayor Egan stated that the Council could defer the decision. Director of Parks and Recreation Vraa commented that staff and the Parks Commission had considered the groundbreaking an opportune time to unveil a new name. City Administrator Hedges added that the promotional materials could be formulated only after a name decision had been made. Councilmember Blomquist stated that they should work to involve the youth more and restated that the important issue is the opening of the second sheet of ice. Mayor Egan stated that staff should contact the school districts and involve students of all ages in the process to determine the name for the Aquatic Facility. Director of Park and Recreation Vraa suggested that the Council reveal the name at a future community event. Mayor Egan clarified the motion as made by Councilmember Wachter and seconded by Councilmember Awada to read: to open a public opportunity process to determine a name for the Aquatic Facility to he returned to the Council for consideration at the October 20, 1998 Regular Council Meeting. Councilmember Wachter stated that this process had been intended in his original motion. Aye: 5 Nay: 0 Minutes of the Regular City Council Meeting August 18, 1998 page 3 00305 Councilmember Awada moved, Councilmember Blomquist seconded a motion to approve the Lia7 Grand Opening/Groundbreaking ceremony with the change to include the Grand Opening of the second sheet of ice at the top of the invitations and advertisements. Aye: 5 Nay: 0 ....................................... ...................................... CONSEN ;AGENDA In regard to Item C, Resignation, Solid Waste Abatement Commission, Councilmember Masin moved, Councilmember Awada seconded a motion to elevate Charles Thorkildson to full member of the Solid Waste Abatement Commission. Aye: 5 Nay: 0 In regard to Item G, Reaffirmation of RiverPark Office Center Preliminary Subdivision, Mayor Egan stated that the Council had not seen the terminology "reaffirmation" in any previous actions and asked for assurance that the Council is following all necessary policies with regard to this item. City Attorney Sheldon responded that the terminology would essentially re-approve the preliminary subdivision that went through the public input process three years ago. He stated that nothing had changed about preliminary subdivision, so the terminology allows for re-approval without the extensive public process that has already been completed. Mayor Egan stated that he did not have a problem with the terminology, given the conditions stated by the City Attorney and commented that he is interested in seeing this project move forward. In regard to Item J, Contract 98-06, receive bids/award contract, Town Centre 100 (Sidewalk), Councilmember Blomquist inquired about which side of the road would have sidewalks installed. Director of Public Works Colbert responded that it would be constructed on both sides of Town Centre Drive except for the portion of sidewalk in front of the Waterford Apartments at which it will be constructed only on the north side of Town Centre Drive. Mayor Egan commented that the bids were, again, considerably higher than the feasibility report and asked for an explanation. Director of Public Works Colbert stated that the cost for the concrete sidewalk was less than anticipated, but the cost to subcut and divide the sand base increased, as well as the sod restoration unit prices significant increase. He stated that careful contract management could reduce the costs of the project. In regard from Item R., Recommendation, Airport Relations Commission, comments to congressional delegation, North-South Runway funding, City Administrator Hedges stated that the City had received many calls about the noise from the airport's use of the North-South runway. He said that residents had asked if the City Council was aware of these issues and that he would like to assure the public that the City Council and the staff have been working on these issues for several years, instituting the Airport Relations Commission to work with the airport and other impacted communities. He further stated that a fact sheet detailing the efforts of the City with regard to the airport is available at City Hall and can be obtained by calling and requesting the information or by coming directly to City Hall and making an inquiry. Mayor Egan stated that the City of Eagan has been progressive in their efforts to deal with the airport and that they were taking action to prevent the construction of a third parallel runway through a contract with a term ending in the year 2050. A. Personnel Items Item 1. It was recommended to accept the resignation of Joe Voels, Construction Analyst. Item 2. It was recommended to accept the resignation of Mary Knutson, Clerical Tech III in the Police Department. Item 3. It was recommended to approve the hiring of J. Craig Novaczyk and Wayne V. Miller as Building Inspectors for the Protective Inspections Division of the Community Development Department. Item 4. It was recommended to approve the hiring of James Sanders as a seasonal part-time program leader at the Wescott Recreation Center. 00306 Minutes of the Regular City Council Meeting August 18, 1998 page 4 Item S. It was recommended to approve the hiring of Joe Pontrelli as a seasonal part-time skate guard at the Civic Arena. Item 6. It was recommended to approve the hiring of Chelsea Crouch as a seasonal part-time concession stand worker at the Civic Arena. B. Tobacco & Service Station licenses, Oasis Market - 1425 Yankee Doodle Road. It was recommended to approve tobacco and service station licenses for the Oasis Market located at 1425 Yankee Doodle Road. C. Resignation, Solid Waste Abatement Commission. It was recommended to accept the resignation of James Orcutt from the Solid Waste Abatement Commission and appoint Chuck Thorkildson, the current alternate, as a full member and contact the remaining pool of candidates regarding the alternate position. D. Final Subdivision, Wispark Corporation for Grand Oak One. It was recommended to approve a 98-67 Final Subdivision (Grand Oak One) consisting of 2 lots and 2 outlots on approximately 31.5 acres located west of TH 149, on the south side of Blue Gentian Road in the NE 1/4 of Section 2. E. Approve Joint Powers Agreement with MnDOT, (Hwy. 55 Corridor and Access Management Study). 98-68 It was recommended to approve a joint Powers Agreement with MnDOT (Hwy. 55 Access Management Study) and pass a resolution authorizing the Mayor and City Clerk to execute all related documents. F. Final Subdivision, Mendota Homes, Inc. for Blackhawk Acres 5th Addition. It was recommended to 98-68.1 approve a Final Subdivision, Blackhawk Acres 5th Addition, consisting of four lots on .91 acres located east of Robin Lane in the SE 1/4 of Section 17. G. Reaffirmation of RiverPark Office Center Preliminary Subdivision. It was recommended to reaffirm until June 30, 1999, the September 5,1995 Preliminary Subdivision known as RiverPark Office Center located west of Highway 13 and south of Yankee Doodle Road. H. Change Order No. 1, Fire Administration Building. It was recommended to approve Change Order No. 1 for the Fire Administration Building Project and authorize the Mayor and City Clerk to execute all related documents. 1. Rate Schedule, Civic Arena 1998/99 season. It was recommended to approve the rate schedule for the Civic Arena for the 1998-1999 skating season as follows: $135.00/Hour Prime time 2:00 p.m. - 10:00 p.m. weekdays $105.00/Hour Non-prime time Manager is allowed some flexibility in pricing for extended contracts in off-season J. Contract 98-06, receive bids/award contract, Town Centre 100 (Sidewalk). It was recommended to receive bids for Contract 98-06 (Town Centre 100 Addition - Sidewalk Improvements), award the contract to Ron Kassa Construction, for the Base Bid in the amount of $91,632.75, and authorize the Mayor and City Clerk to execute all related documents. K. Project 747, receive feasibility report/order public hearing (TH 149 & TH 55/Oakview Center - Street/Signalization Improvements). It was recommended to receive the feasibility report for Project 747 (TH 149 and TH 55/Oakview Center - Street/Signalization Improvements) and schedule a public hearing to be held on September 14, 1998. L. Vacation of drainage and utility easements, receive petition/schedule public hearing (Eagandale Corporate Center 18t Add.). It was recommended to receive the petition to vacate drainage and utility easements, and schedule a public hearing to be held on September 14,1998. M. Contract 95-07, approve final payment/authorize City maintenance (Nicols Rd. - Street Improvement). It was recommended to approve the 4th and final payment for Contract 95-07 (Nicols Minutes of the Regular City Council Meeting August 18, 1998 page 5 00307 Road - Street Improvements) in the amount of $14,100 to Valley Paving, Inc., and authorize perpetual City maintenance subject to execution of the Release of Claim Form. N. Project 720, receive final assessment roll/order public hearing (Eagan Business Commons - Streets and Utilities). It was recommended to receive the Final Assessment Roll for Project 720 (Eagan Business Commons - Street and Utilities) and schedule a public hearing to be held on September 14, 1998. 0. Approve a resolution delegating authority to pay claims to an administrative official and approve 98-68.2 related internal accounting and administrative control procedures related to claims and payments. It was recommended to approve a resolution delegating authority to pay claims to an administrative official and approve related internal accounting and administrative control procedures related to claims payments. P. Approve list of additional election judges for the Primary Election on September 15, 1998. It was recommended to approve the list of additional election judges for the Primary Election on September 15, 1998 as attached in Exhibit A. Q. Recommendation, Airport Relations Commission, Third Parallel Runway contract position. It was recommended to approve a recommendation by the Airport Relations Commission concerning the City's position with respect to a Third Parallel Runway contract. R. Recommendation, Airport Relations Commission, comments to congressional delegation, North South Runway funding. It was recommended to approve a recommendation by the Airport Relations Commission to submit comments to the state's Congressional Delegation concerning federal funding for the North-South Runway as presented. S. Vacation of drainage and utility easements, receive petition/schedule public hearing (Wescott Gardens). It was recommended to receive the petition to vacate a drainage and utility easement for Lot 3, Block 3 Wescott Gardens, and schedule a public hearing to be held on September 14, 1998. T. Vacation of drainage and utility easements, receive petition/schedule public hearing (Hilltop Estates). It was recommended to receive the petition to vacate drainage and utility easements, and schedule a public hearing to be held on September 14, 1998. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 ................................................. ....................IIC.......................... P HEARINGS ............................................... ................. -.............................. ISSUANCE OF REVENUE BONDS BY THE CITY OF MINNEAPOLIS AND THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF ST. PAUL FOR ALLINA HEALTH SYSTEM City Administrator Hedges provided an overview on this item. He stated that Allina Health System is requesting that the bonds be refunded at this time with new debt issued through the City of Minneapolis and the Housing and Redevelopment Authority of the City of St. Paul. He clarified for the audience and the public that the decision to be made by the Council does not affect property taxes and has no impact on any individual residents. 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 Masin seconded a motion to close the public hearing, approve the resolution providing for issuance of revenue bonds by the City of Minneapolis and the Housing and Redevelopment Authority for Allina Health System, pursuant to a joint powers agreement to be entered into in connection therewith, and to approve the joint powers agreement. Aye: 5 Nay: 0 98-69 Minutes of the Regular City Council Meeting August 18, 1998 page 6 00308 PROJECT 745, BLUE GENTIAN RD. - STREETS AND UTILITIES AND 00308 PROJECT 746, BLUE WATER ROAD - STREETS AND UTILITIES City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. He stated that these are two separate projects that are closely related and could be discussed jointly. He introduced Mr. Jim Dvorak of SRF Consulting Group, Inc. Mr. Dvorak stated that Blue Gentian Road will be a neighborhood collector street, integral to the City's transportation plan. He reviewed the improvements to be constructed, the related costs, the distribution of the assessments and the timeline for completion of the project. Mayor Egan asked if any residents would be assessed for these improvements. Director of Public Works Colbert informed the Council and the audience that the residents' properties would be appraised to determine if there had been any benefit and assessed accordingly. He opened the public hearing to anyone wishing to speak. Ms. Marilyn Sanford of 1020 Blue Gentian Road was present and addressed the Council. She presented the homeowner's petition and stated that she had been working with the Department of Natural Resources to discuss the ecological effects of the potential buildings in the area. She encouraged the Councilmembers to drive down the existing Blue Gentian Road to completely understand the issues and concerns of the residents. Mrs. Julie Chapple of 988 Blue Gentian Road was present and addressed the Council. She stated that the proposed realignment of Blue Gentian Road would go directly through her backyard, significantly bisecting the property. She expressed concern that no one from the City had formally approached her about this potential disruption to her property and that this was the first map she'd seen with the road going through her property. Director of Public Works Colbert pointed out the Chapple's property and stated that the engineers had been directed to connect Blue Gentian to Bluewater in the best possible way. He stated that the meetings for these roads and their construction/realignment began very early in the process; he further stated that the City had inquired if the three impacted property-owners would be interested in selling the property. He reported that two of the three property owners had expressed an interest in retaining their property, thereby causing staff to consider realigning Blue Gentian Road to the south of the impacted properties. He stated that the proposed alignment is not final at this point and that it can be modified as the process continues. Mrs. Chapple stated that the design changes should be done prior to approval by the Council and inquired about the expected levels of truck traffic on the new Blue Gentian Road. Director of Public Works Colbert stated that there would be increased truck traffic. Mrs. Chapple lamented the lack of public information on this project to this point. Director of Public Works Colbert stated that staff held at least four meetings with residents and stated that any discussion of detailed plans would have been premature due to uncertainty about whether or not the project would proceed. Mayor Egan asked if the project was on a fast-track to be completed this season and how that timeframe could be modified to allow for modifications. Director of Public Works Colbert stated that the project is not on a fast track and that staff is looking for direction from the Council on how to proceed. He identified the challenging task of balancing the needs of residents with the needs of economic development. He reaffirmed that the proposed alignment was the best solution from the staff's perspective. Councilmember Blomquist expressed concern about the potential assessments to the residents because she thought there would be no beneficial impact to their properties. She stated that she is bothered by the pending action of the Council and considered the proposal rude to the current residents on Blue Gentian Road. Director of Public Works Colbert stated that the current Blue Gentian Road could have been upgraded, but it would have been a considerable challenge and have extensive negative impacts on the Blue Gentian properties. He stated that they had approached this project with the intent to minimize the impact to the residents. Councilmember Blomquist stated that the minimal impact would be to keep the new road off their land. Mr. Greg Miller of the Wispark Corporation was present and addressed the Council. He stated that he had been in meetings about this for the past 8 months, has met with MnDOT and SRF Consulting to study intensely and prudently the changes to be made to the business park area. He stated that the Minutes of the Regular City Council Meeting August 18, 1998 page 7 00309 proposal is consistent with the land use designation made by the city over ten years ago. He strongly urged approval of the project by the City Council. Mayor Egan stated that he understood the position of Mr. Miller, but reaffirmed the importance of hearing the public's concerns at the only public meeting to be held for this purpose. Mr. Marv Eggum of 15708 Judicial Road in Burnsville was present and addressed the Council. He stated that he had purchased land in the future business park back in 1982. He stated that his 2-acre parcel had been taxed for 16 years and that he had paid assessments on the property as well. He stated that the costs of owning this land over the years averaged around $7,400 to $8,600 per year with no structure on the property. He stated that he was prepared to obtain legal counsel when the City Council takes away his frontage on the current Blue Gentian Road through the proposed realignment. He stated that the proposal landlocks his property. He further stated that the assessments didn't make sense. Coundlmember Blomquist asked if he would benefit. Mr. Eggum said he would not benefit from paying assessments. Mr. Eggum stated that it was time to develop the entire area as a TIF district. He also stated that he did not understand the agricultural zoning in the area. He commented that recently airplanes had been dumping fuel on the properties. Mayor Egan stated that his comments were straying from the focus of the public hearing. Mr. Eggum concluded his comments by stating that the assessments were unjust. Councilmember Wachter responded to Mr. Eggum's question about the agricultural zoning by stating that it had been used for traditional agricultural purposes at one time, but that the Council had hoped the residents would be willing to sell so the entire area could be zoned for a business park. Mayor Egan reminded the audience that Ms. Marilyn Sanford had asked the Council to be responsible in whatever choices were made. Mr. Steve Chapple of 988 Blue Gentian Road was present and addressed the Council. He stated that he had been to all the neighborhood and/or public meetings, but that this map was the first he'd seen that went through his property. He stated that he would have appreciated direct contact from the City. Mayor Egan stated that this had been discussed in concept at several meetings. Mr. Chapple stated that he would be willing to sell at the right price, but that the process seems backwards because the modifications to the project come after it is approved. Councilmember Awada stated that the decision whether or not to proceed with the project could not be decided based on how much he would like to receive for his impacted land, but that the whole road, the entire area and the greater City of Eagan must be considered as well. Mrs. Barb Nord of Blue Gentian Road was present and addressed the Council. She discussed numerous concerns with the feasibility report for the project due to the lack of attention to the residents in the area, pointing out instances in which they were excluded from the report because it was assumed that they would no longer be present by 2003. She opposed the assessments, the project, the realignment, and the general development policies of the City. Ms. Kim Imre of Imre Development and TMI Coatings was present and addressed the Council. She stated that she is in favor of the development, in favor of the roads and expressed empathy for the impacted residents. She further stated that she looks forward to being part of a great business park. Mr. Don Bussing, owner of parcel 17, was present and addressed the Council. He stated that he supports the comments made by Mr. Eggum. He stated that after the corner of his property is removed, his assessment equates to over $2 per square foot of property. Mr. Ray Nutzmann of 1027 Blue Gentian Road was present and addressed the Council. He stated that nothing had ever been done by the City for the Blue Gentian neighborhood. He further stated that developers get whatever they request from the City. He commented that the neighborhood would not benefit at all from this project and should not be assessed. Ms. Patricia Pavlik of 990 Blue Gentian Road was present and addressed the Council. She stated that the proposed alignment would go over a small corner of her property and asked the Council to request that as little impact as possible be made to her property. Ms. Kay Hanson of 1000 Blue Gentian Road was present and addressed the Council. She stated that she thought the staff did a good job handling this project. She asked if it would be possible to defer Minutes of the Regular City Council Meeting August 18, 1998 page 8 00310 the assessments until the properties are sold. Mayor Egan stated that it was still possible to negotiate an agreement about the assessments in the future when the assessment hearing is held. Mr. Greg Herrmann of 1011 Blue Gentian Road was present and addressed the Council. He stated that he had approached City Planning when he was considering purchasing his property and was informed that the development was pending while the City observed the success of the business park down the hill. He inquired why he would have received that information if the area had been intended for development since 1984. He further inquired why the area would continue to be sold as residential property given the intended development. Mayor Egan stated that the decision would not be made based on any report that states the residents will be gone by 2003 and that it was not the intent of the City Council to remove the residents from their property. Mr. Herrmann stated that the residents were entirely excluded from the feasibility report, assuming they would not be in the area. Councilmember Awada stated that no one had thought the area would develop as quickly as it did and that those properties would become very valuable in the future. Mr. Herrmann restated that the neighbors were not included in the report. Councilmember Awada stated that the decision about whether or not they would still reside on Blue Gentian could only be made by the residents. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. Councilmember Masin stated that this issue required more discussion. She commented that she thought the process had been better and that there was more agreement. Councilmember Awada stated that there would never be full agreement and that the issue to concentrate on is the proposed road alignment. She stated that she is in favor of the project, but curious about the assessments. Mayor Egan stated that the City expects this area to be a high quality, high profile business park. He stated that the City is in a particular situation with the residents, but believes their properties will benefit from the business park, making their property values significantly higher in the future. He stated that the neighborhood and the business park could be compatible with some effort by all affected parties. He recommended a deferral of the assessments on those properties until the land classification changes and the land becomes part of the business park. Councilmember Wachter stated that the residents would make the decision about whether or not to sell their homes, not the City Council. He further stated that the residents should expect a zoning change. He also stated that the neighbors would benefit from having the roadway behind them and down the hill because it will suppress the noise. Councilmember Blomquist stated that she was glad the Council was discussing deferral as an option for the residents' assessments. She stated that the deferral discussion would be raised again at the time of the final assessment hearing. She expressed concern for the Chapples and their property and stated that their issues must be worked out satisfactorily. She inquired about what the new name of the road would be. Director of Public Works Colbert stated that it would be similar to the name change for the new Wescott Woodlands, wherein the neighbors would decide on a name and it would be transitioned for two years. Councilmember Awada moved, Councilmember Blomquist seconded a motion to close the public hearing and approve Project 745 (Blue Gentian Road - Streets & Utilities) and authorize the preparation of detailed plans and specifications, providing for an assessment deferral until land classification change and redevelopment occur. Aye: 5 Nay: 0 Councilmember Awada moved, Mayor Egan seconded a motion to close the public hearing and approve Project 746 (Blue Water Road - Streets & Utilities) and authorize the preparation of detailed plans and specifications, providing for an assessment deferral until land classification change and redevelopment occur. Aye: 5 Nay: 0 PROJECT 688, FINAL ASSESSMENT HEARING (EAGANDALE COPRORATE CENTER - STREETS AND UTILITIES) City Administrator Hedges provided an overview on this item. He stated that this item would be continued until the September 14 Regular City Council Meeting. He reminded the Council and the Public that the second September meeting would be held on Monday, September 14, 1998 due to the primary election on September 15. Minutes of the Regular City Council Meeting August 18, 1998 page 9 00311 Councilmember Awada moved, Councilmember Wachter seconded a motion to continue the public hearing to September 14, 1998 for Project 688 (Eagandale Corporate Center - Streets and Utilities). Aye: 5 Nay: 0 Councilmember Blomquist alerted the Council that they should at least hold the public hearing for this project since it had been scheduled and published. There was no one present to speak. PROJECT 673R, FINAL ASSESSMENT HEARING, TH 3r/RED PINE LANE STREETS AND UTILITIES City Administrator Hedges provided an overview on this item. Mr. John Bannigan of Bannigan and Kelly, PA, served formal objections on behalf of the Jim Oberg and the Finch family. He stated that the Finches had lost 2.03 acres of land in the course of the project and that a jury had awarded $72,000 in damages. He suggested the Council request counsel from the City Attorney. He stated that the road component of the proposed assessment did not benefit the Finch property and asked that those charges be struck from the Finch's assessment. He stated that the Finches could not afford the additional $25,000 in addition to their taxes and stated that they may have to forfeit their mortgage or risk foreclosure, consequently losing their home and Mr. Finch's place of business. He began his comments about the Oberg property by stating that an interested purchaser of a 1-acre parcel of the Oberg property was willing to pay approximately $1 per square foot. He stated that the purchaser lost interest due to indecision by the City regarding the area. He stated that at the time of the interested purchaser, Mr. Oberg could have added sewer, water and storm sewer for about $.38 per square foot, raising the value of his property to approximately $1.42 per square foot. Mr. Bannigan stated that since the assessments, the assessments bring the cost of the property up to $1.77 per square foot, but that the property could not be sold at such a high price compared to the $1.55 valuation of the neighboring business park property development in Rosemount. He advised the Council to reconsider this special assessment in lieu of facing the legal fees associated with an assessment appeal. Mayor Egan commented that he didn't recall an assessment in excess of $165,000 against a husband and wife. He asked for comment from City Attorney Sheldon. City Attorney Sheldon stated that Mr. Bannigan was referring to the first action taken by the City Council by acquiring the Finch property for the necessary easements and right-of-ways and stated that the jury found that their remaining land suffered severance damage. He further stated that such devaluation is common with public projects. He addressed the 444 connection fees and stated that their use is available, but rarely used. He stated that the decision to use or not use that provision in the City Code was at the discretion of the Council. Mayor Egan asked if it was likely the City could collect the $165,000 from this assessment. City Attorney Sheldon responded that the Council could determine that the value of the property had increased by $165,000 by reason of the improvements or that the potential exists that a developer may come in and wish to develop the property and could pay a portion of the assessments as part of the development agreement. He reminded the Council that 444 applies only to water, storm and sanitary sewer charges and that the street assessments must be paid now. Mr. Mike Frattalone of 4784 South Robert Trail was present and addressed the Council. He served them with his formal, written objection and then stated that his private water and septic systems were suitable to his needs and that he did not consider himself a beneficiary of the project. He further stated that the City's runoff had been draining into his pond since 1%9 and couldn't understand the assessment for the addition of water and sewer system. Mr. Mike McCann of 4450 South Robert Trail was present and addressed the Council. He stated that he represented the Morotzkes who own the parcel south of the Gun Club Road. He stated that the property owners do not benefit to the degree of the assessment. There being no one else to speak, Mayor Egan returned the discussion to the Council. Councilmember Awada asked how the City would arrange to have the assessments paid at the time of development. City Attorney Sheldon responded that the City would arrange an agreement with the 00312 Minutes of the Regular City Council Meeting August 18, 1998 page 10 property owners to memorialize the assessments. Councilmember Blomquist stated that memorializing the assessment values does not address whether or not the properties benefit from the improvements. Mayor Egan stated that he was not confident that the City would be able to prove benefit to all the properties and was skeptical of an assessment appeal in the City's favor. He inquired if the City had to determine how to handle the assessments at this meeting. City Attorney Sheldon stated that they could act on any part of the assessments at any time. Councilmember Masin said that it has been painful to watch these residents deal with enormous assessments and changes in lifestyle because of the project and stated that the City should accommodate them in any way possible. Councilmember Awada stated that the Council should approve all the assessments except for the controversial ones and research additional information to make a future decision. She further stated that she was interested in arrangements to defer assessments until the time of development and also that she was interested in staying out of court. Mayor Egan suggested approving the assessments for all properties other than the ones on which the City has received written objections and continue the decision on those assessments for 30 days. Councilmember Blomquist reiterated that the assessments were a tremendous amount to some and not inexpensive to others. She stated that they all deserved to know that the Council considers the assessments to the property owners unreasonable. Councilmember Awada stated that she would not support such a statement. She further stated that the projects do benefit both developers and residents and that the burden of these projects could not be borne by the taxpayers of Eagan, but should be paid by those who benefit. She stated that the assessment amounts would be recovered at the time of development. Councilmember Blomquist stated that the residents were forced to allow their property to be developed because the assessments are not affordable. Mayor Egan stated that all development comes from economic pressures and suggested continuation for 60 days on the properties expressing written objections. Mayor Egan moved, Councilmember Awada seconded a motion to approve the final assessment roll for submission and certification to the County, continuing approval of the final assessment for the properties with expressed written objection until the Regular Council Meeting on October 20, 1998. Aye:4 Nay: 1 (Blomquist opposes) ..... .......................... OLD BUSINESS ............................. .................................... CONTRACT 98-22, RECEIVE BIDS/AWARD CONTRACT, JUBILATION ADDITION (TRUNK UTILITIES) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert stated that the developer has requested the City to reject the bids and look at other design options to reduce the cost. Councilmember Awada moved, Councilmember Masin seconded a motion to reject the bids for Contract 98-22 (Jubilation Addition - Trunk Utilities) and direct staff to revise the plans for rebidding at a future date. Aye: 5 Nay: 0 'W `BUSINESS PRELIMINARY SUBDIVISION - SEMPER DEVELOPMENT LTD. (LEXINGTON POINTE THIRTEENTH ADDITION) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Mr. Don Johnson of 1025 Diffley Road was present and addressed the Council. He stated that he objects to the proposed development because it is incompatible with the adjacent uses, including the church to the north. He stated concern that there had been efforts to accommodate the neighbors to the south of the development, but that his property to the north had not been considered. He suggested relocating the signage to the west to incur as little impact as possible to the northern and southern neighbors. Minutes of the Regular City Council Meeting August 18, 1998 page 11 0033 Ms. Karyn Entzin of 977 Trillium Court was present and addressed the Council. She stated that she was present as a representative of the signatures on the submitted petition. Mayor Egan commented that the suggested uses for Outlot A seemed reasonable. He stated that the consideration of the land uses of Outlot A is not specifically up for consideration at this time and asked Senior Planner Ridley for clarification. Senior Ridley stated that the Council had the authority to address all components of the subdivision up for consideration and could certainly address any safety issues or landscaping issues pertaining to the future development of Outlot A. Mayor Egan stated that the Council should impose reasonable regulations at this time on the property to establish the standard for developing the area in the future. He further stated that the City should provide the neighbors with a reasonable expectation about the future of Outlot A. Ms. Entzon stated that the neighbors have been very pleased with how the Semper Development has progressed and that the neighbors recommend that the amendments recommended by the Advisory Planning Commission be approved, particularly with regards to safety issues. She requested that the vacated area of Outlot A remain as it is and keep a strong separation from R-I residential and Commercial properties. Councilmember Blomquist inquired about the plans for Outlot A and asked if there would be any trucks coming through that area. Senior Planner Ridley responded that the intention is that the service delivery road would be removed entirely, but that there may be service delivery through the back of future developments, but the traffic will not be directed there exclusively as had previously been planned. Councilmember Blomquist stated the safety issues pertaining to truck delivery through the neighborhood and commented on the headlights shining in resident's homes late at night. She further stated that this would be included in the Comprehensive Guide Plan. Senior Planner Ridley stated that the subcommittee reaffirmed their previous decision to change the land use from commercial planned development to retail commercial. He stated that the zoning would remain PD and the existing planned development would stay in effect. Councilmember Awada complimented Senior Planner Ridley on a job well done. Councilmember Masin stated that she was glad staff and the neighbors had been working together. She further stated that the Walgreen's didn't seem like much of an improvement after the continual problems the City has had with this location. Councilmember Blomquist stated that she would like to see staff work on the entire area around Lexington-Diffley with safety and separation of land uses in mind. Mr. John Kohler, the architect who designed the Walgreen's, was present and addressed the Council. He stated that they would like to set the standard for future landscaping in the area and make the City's job a bit easier when the next development arises. Mr. Chris Daniels of 4225 Daniel Drive was present and addressed the Council. He stated that he has requested the land be designated for Light Business and asked how they could move forward with that request. City Administrator Hedges commented that this area would be targeted in the Comprehensive Guide Plan Update process. Senior Planner Ridley stated that the current land designation is planned development and that the subcommittee recommended that the land use change to Retail/Commercial, which is not a significant change. Mayor Egan asked how the change would affect the density of future planned developments. Councilmember Blomquist stated that maybe they should consider blending lower-density uses into the area. She further stated that the Walgreen's facility would be a heavy use and adjacent light-use facilities would complement the neighborhood. Senior Planner Ridley commented that general office use is permitted according to the current zoning. City Administrator Hedges suggested that staff prepare a memo stating when the PD was originally agreed upon, when it expires and the potential remedies to the neighbors' concerns. Councilmember Awada moved, Councilmember Wachter seconded a motion to contact the developer about the Planned Development to discuss a renegotiated Planned Development for the entire area. Aye:5 Nay:0 Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the applicant's request for a Preliminary Subdivision (Lexington Pointe 13th Addition) consisting of one 2.5 acre lot and a 10.8 acre outlot currently platted as Outlot A Lexington Pointe 8th Addition located in the northwest 1/4 of Section 26, subject to the following conditions: The Developer shall comply with these standard conditions of plat approval as adopted by Council on February 3,1993: Minutes of the Regular City Council Meeting August 18, 1998 page 12 B1, B3, B4, Cl, C2, C4, Dl, and El 2. The property shall be platted. The development meet water quality mitigation requirements through payment of a cash dedication. 4. The easement along the south edge of Outlot A shall be vacated at the time of Council action on the Final Subdivision. 5. Existing drainage and utility easements on the site over public utilities shall be maintained by this development. 00314 6. The Developer shall obtain all necessary Dakota County permits for the proposed access and utility work within Diffley Road and Lexington Avenue rights-of-way prior to final subdivision approval. 7. A private access easement shall be established over the "frontage road" to be constructed within Outlot A. The easement document shall be submitted for review and approval by the City Attorney. 8. This proposal shall be subject to a cash parks dedication and a cash trails dedication. 9. A barricade shall be placed at the southern edge of the easterly access to Outlot A from Diffley Road. Aye: 5 Nay: 0 Councilmember Wachter moved, Councilmember Awadas seconded a motion to approve a Final Planned Development to allow the construction of a 13,905 square foot Walgreens Drug Store (with drive-up window) upon proposed Lot 1, Block 1 Lexington Pointe 13th Addition subject to the following conditions: 1. The City shall approve the Lexington Pointe Thirteenth Addition Final Subdivision. 2. Pavement directional signage shall be provided to delineate the drive-through lanes and intended traffic routes. 3. The curb barrier proximate to the southeast corner of the drug store shall be extended approximately 20 feet to the east to improve visibility for exiting drive-through patrons. 4. Off-street parking stalls shall be increased from nine to ten feet in width. 5. The site plan shall be modified to illustrate proposed light standard locations. 6. The submitted building elevations shall be revised to accurately specify a building height of 29 feet. 7. The berm to be installed along the Walgreen's site shall be planted with wildflowers. 8. Building signs shall be limited to the north and west sides of the building. 9. The pylon sign for the property shall be at an elevation lower than the building. 10. The lighting shall be restricted to .5 CF along the edge of the Walgreen's site. 11. Planting shall be placed in the parking islands located on the Walgreen's site. Minutes of the Regular City Council Meeting August 18, 1998 page 13 Aye: 5 Nay: 0 REZONING - JAMES S. NOREEN PRELIMINARY SUBDIVISION& VARIANCE (NOREEN ADDITION) City Administrator Hedges provided an overview on this item. He stated that the Advisory Planning Commission recommended approval of the project. Senior Planner Ridley gave a staff report. He noted that the applicant was opposed to the assessments against his property. Mr. James Noreen was present and addressed the Council. He stated that the staff did a great job with his request and he has enjoyed working with them. He expressed concern about the financial obligations incurred by this subdivision. He stated that when they purchased the property they were told there were no pending or outstanding assessments. He stated that there should be no charge to his Lot #2 because that contains his current home and there would be no increased usage for which to be assessed. He further stated that there should be no road assessments to his Lot #3 because it does not benefit from the improvements. He contested the $16,000 connection charge for the storm sewer. Mayor Egan stated that the City has no obligation to prove benefit with the connection charges because those charges are within its jurisdiction. Mr. Noreen directed the Council's attention to his claim that there would be no increased use. Director of Public Works Colbert stated that undue emphasis was being placed on the word "increased." He further stated that the assessment could be deferred until the time that the land is developed to a higher-intensity use. Councilmember Awada stated that everyone pays the charges to be connected to the City system and the connection charge is a consequence of choosing to become part of the developed portion of Eagan. Mr. Noreen accused the Council of trying to collect from him what they were unable to collect from the previous owner. Councilmember Awada stated that everyone pays for their improvement projects and for the benefits to their properties and this subdivision would benefit Mr. Noreen with two additional lots. Councilmember Wachter stated that everyone has costs, including developers and cities both, and that developers are typically able to reclaim the amount of the assessment at the time of sale. Mayor Egan stated that he saw no reason in this case to deviate from the policy because the assessment to Mr. Noreen's property is reasonable. Councilmember Masin asked if the City's fees were intended as revenue sources. Councilmember Awada responded that the fees pay for the installation of the systems and are not revenue sources. Mr. Noreen questioned whether the Council had issued an area change in similar situations. The Council was unaware of such a situation. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a Rezoning of approximately 6.4 acres from A (Agricultural) to R-1 (Single Family) located north of Cliff Road and east of Lexington Avenue, in the SW 1/4 of Section 26. Aye: 5 Nay: 0 Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a Preliminary Subdivision entitled the "Noreen Addition" located north of Cliff Road and east of Lexington Avenue, in the SW 1/4 of Section 26 subject to the following conditions: The Developer shall comply with these standard conditions of plat approval as adopted by Council on February 3,1993: B1, B2, B3, B4, C1 and El 2. The property shall be platted. 3. The proposed private driveway easement shall be expanded to include a 100 foot wide turnaround at its northern terminus. 4. A minimum building setback of 55 feet shall be maintained from the shared lot line of Las; 1 and 3. 5. The applicant shall consider the placement of homes in locations that are conducive to future resuhdivision of the property. 00315 Minutes of the Regular City Council Meeting August 18, 1998 page 14 00316 6. The applicant shall demonstrate to the satisfaction of the City that the property's existing sewage treatment system complies with the applicable standards of Chapter 7080. 7. A "clear zone" of not less than 20 feet in width and thirteen feet and six inches in height shall be provided upon the subdivision's private driveway for emergency vehicle access. Conformance with this requirement and notification to future property owners shall be assured through the execution of a document which shall be recorded against the property. 8. The development meet its water quality requirements through payment of a cash dedication in lieu of on-site ponding. The amount of the cash dedication shall be based on the area and development intensity of the two new lots that will be created. 9. Filling or draining of wetlands on the site shall be prohibited. 10. A variance to the minimum lot requirements within the shoreland overlay district of Holland Lake be granted for Lot 3. 11. Private ingress/egress easement documents for the shared driveway access to Lots 1, 2 and 3 shall be submitted for review and approval by the City Attorney's office prior to Council action on the Final Subdivision. The Developer shall record the private ingress/egress easement with the plat. 12. This proposal shall be subject to a cash parks dedication and cash trails dedication. Aye: 5 Nay: 0 ORDINANCE AMENDMENT, CHAPTER SIX - PAWNBROKER REGULATIONS City Administrator Hedges provided an overview on this item. He stated that this ordinance would require the use of an Automated Pawn System that would increase the Police department's ability to track for stolen goods. Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve an ordinance amendment to Chapter Six of the City Code regarding pawnbroker licensing. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA PROPERTY ACQUISITION PROPOSAL REQUEST City Administrator Hedges gave an overview on the item. He informed the Council that Mr. Grant's request had gone before the APrC the previous evening and that both Mr. Don Grant and Mr. Lee Markell of the Parks Commission were present. Mr. Don Grant of 1275 Towerview Road was present and addressed the Council. He presented pictures of his property to the Council and detailed the key components of his property. He stated that the City's acquisition of his property would give the City an easement to the lake. Mr. Lee Markell of the Advisory Parks Commission was present and addressed the Council. He stated that the opportunity to acquire lakefront property is rare and that the acquisition of this property would nearly triple the amount of lakeshore on LeMay Lake in Moonshine Park. He further stated that the fishing station was expected to do well. He outlined several options for increased uses of the park if the City chose to acquire Mr. Grant's property. He stated that it has been a continued goal of the Parks Commission to acquire additional lakefront property and that the transaction could be comfortably made within their available funds. Minutes of the Regular City Council Meeting August 18, 1998 page 15 00317 Councilmember Masin moved, Councilmember Awada seconded a motion to authorize City Attorney Sheldon to proceed with the acquisition of Mr. Don Grant's property at 1275 Towerview Road. Aye: 5 Nay: 0 ................................................................. VISITORS Tf3 BE`REAR Mr. Rod Smith approached the Council to express support for their efforts in the storm clean- up. He thanked the Police Department for their presence in the neighborhoods and for their prompt response in a recent family emergency. He applauded the Council for their actions regarding street repairs, service delivery and the upcoming contest naming the Aquatic Facility. Ms. Sue Hegarty was recognized by the Council for her service as a local journalist in Eagan. She addressed the Council and informed them of her new role with the Eagan Convention and Visitors Bureau. ........................................ Rt3 `TAII'~E ................................. .................................... Senior Planner Ridley informed the Council on the status of the service station signage issues. City Administrator Hedges stated that the City is taking applications for the Assistant City Administrator position until Friday, August 21, 1998. He stated that the process of hiring for this position takes time because it is being advertised on the national level and some publications only come out on a monthly basis. He informed the Council of the Comprehensive Work Program that they will receive with the next packet and explained the need for a tracking system to stay abreast of the numerous developing City projects. He asked the Council for direction about his own performance review and if it should go to the personnel committee; the Council responded that the personnel committee would be appropriate. He informed the Council of the conclusion of Intern to the City Administrator Hertel's position at Eagan on August 28, 1998. He asked the Council to decide if they wished to hold a Special Council Meeting on September 1, 1998. Councilmember Awada moved, Councilmember Masin seconded a motion to schedule a Special Council meeting for 5:00 p.m. on September 1, 1998. Aye: 5 Nay: 0 Councilmember Wachter stated that Highway 35E South has a new logo sign from the Highway Department and that it looks great. He stated that the Historical Society is interested in installing a new sign at the Old Town Hall that will be visible from both the north and south. He stated that the Ice Arena is proceeding very quickly, still ahead of schedule. He stated that Eagan's 25th birthday celebration would begin on January 1, 1999. Councilmember Awada stated that she would not be present during the week of Labor Day. Councilmember Masin inquired about the process for reviewing the performance of the City Administrator. City Administrator Hedges responded that the reviews by the Council go to the personnel committee and then to the full Council. Councilmember Masin stated that a more appropriate process would be to have the reviews go to the Council as a whole before the personnel committee. CHECK RESISTER Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register dated August 13, 1998 in the amount of $3,876,353.06 Aye: 5 Nay: 0 ADJOURNMENT The meeting adjourned at 11:30 p.m. AH 00318 Minutes of the Regular City Council Meeting August 18, 1998 page 16 Date 1? 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. EXHIBIT A Democrat LIST OF ELECTION JUDGES FOR PRIMARY For City Council approval August 18,1998 Republican Ann Roach Darlene Bahr Independent Larane Molitor Andrew Sirotiak Kelly Glover Bonnie Engen Don Leean Patti Good Barbara & Wm Hodapp Pauline Novack Mona Jadoonath Roger & Ellen Fredlund Ruth Munson 00319