01/16/1996 - City Council Regular (10(116
MINUTES OF A REGULAR MEETING OF THE
EAGAN, CITY COUNCIL
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Eagan, Minnesota
January 16, 1996
A regular meeting of the Eagan City Council was held on Tuesday, January 16, 1996 at 6:30 p.m. at
the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin, and
Hunter. Also present were City Administrator Tom Hedges, Community Development Director Peggy Reichert,
Director of Public Works Tom Colbert, Finance Director Gene VanOverbeke and City Attorney Jim Sheldon.
AGENDA.................
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Administrator Hedges noted that Item C until Old Business needs to be continued. Mayor Egan noted
the addition of the approval of a contract with Effective Golf Course Systems,and the update on the 4th of July
celebration. Hunter moved, Masin seconded a motion to adopt the agenda as amended. Aye: 5 Nay: 0
I. # , OTART 2 19I 1SEOUL i 11.P.
Councilmember Wachter requested further clarification on page 2, paragraph 2 relating to the cost
participation agreement with Dakota County Land Information Department. Awada moved, Hunter seconded
a motion to approve the minutes as amended. Aye: 5 Nay: 0
Pi.UNUTES4$F J1 ORY 2,°stis6 SPi....c METING
Wachter moved, Hunter seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0
+iUTES OF DECEMBER 12, 1 SPECIAL MEETING
1111 Awada moved, Masin seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0
DEPARTMENT HEAD' USINESS
DONATION FROM LIONS CLUB TO POLICE DEPARTMENT FOR DEFIBRILLATOR
Doug Kane, of the Lions Club, presented a check to the City in the amount of$15,000 for the purchase
of five defibrillators. Police Chief Pat Geagan and Police Officer Duane Pike explained the debrillator and
demonstrated its use.
COMMUNITY UPDATE ON 4Th OF JULY
Police Chief Geagan reviewed the problems with finding a place for the 4th of July celebration and
reviewed the recommendation of the committee which consisted of keeping the fireworks at the Blue Cross Blue
Shield site,that the city continue to fund the fireworks,that the Lions Club handle the parade, and that the 4th
of July committee handle the carnival, beer tend and food stands. He noted that If something happens to any
of these components,the other ones can continue. Councilmember Hunter noted that the Council had hoped
to use the Promenade property for this celebration, but Blue Cross Blue Shield was a good location for the
fireworks last year. He supports all three components. Other Councilmembers concurred. Wachter moved,
Masin seconded a motion to approve the recommendation of the 4th of July Committee. Aye: 5 Nay: 0
MISENT FDA
In regard to Item A, Personnel Items, Administrator Hedges announced the name of the Parks and
Recreation Intern as Darren Jablonsky, and the Associate Planner as Pamela Dueziak. He noted that they are
in the process of offering the position of Administrative Intern and therefore could not release the name.
000/4„
EAGAN CITY COUNCIL MINUTES;JANUARY 16, 1686
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In regard to Item C, Recommendation. Airport Relations Commission, Off-Peak Corridor Crossing
Procedures, Counciimember Wachter requested further clarification and Assistant to the Administrator
Hohenstein reviewed the recommendation.
In regard to Item H, Massage Therapist Ucenses,Counciimember Wachter expressed a concern that
there have been a lot of these licenses approved for the same location. Police Chief Geagan indicated he will
be looking into it
In regard to Item L,MSA.Inc.Engineering Services Fee Schedule,Councilmember Wachter questioned
some of the fees, stating he feels they are high and should be negotiated. Counciimember Hunter noted that
the city does evaluate these every five years. Discussion followed.
A. Personnel Items
Item 1. It was recommended to approve the hiring of Darren Jablonsky as a temporary intern In the Parks and
Recreation Department.
Item 2. It was recommended to approve the hiring of a person to be named as a temporary intern in
Administration.
Item 3. It was recommended to approve the hiring of Jill Posin, Natalie Moreau, Christine Vadi and Jonathan
Herseth as part-time seasonal skating instructors at the Civic Arena.
Item 4. It was recommended to approve the hiring of Chanel Thome as a part-time seasonal rink
guard/assistant skating instructor at the Civic Arena.
Item 5. It was recommended to approve the 1996 pay equity implementation report for submission to the
Minnesota Department for Employee Relations.
B. Plumbers Ucenses. It was recommended to approve the plumbers licenses listed in Exhibit A as presented.
C. Recommendation, Airport Relations Commission. Off-Peak Corridor Crogsina Procedures. It was
recommended to adopt a recommendation by the Airport Relations Commission to support a modification of
the off-peak departure procedure from the north parallel runway at the international airport.
D. Recommendation. Airport Relations Commission. Dual Track Airport Planning Process EIS Comments. It
was recommended to adopt a recommendation by the Airport Relations Commission regarding comments on
the Dual Track Environmental Impact Statement,and supporting the completion of the dual track public process
and environmental reviews.
E. Change Orders. Municipal Center Expansion. It was recommended to approve change orders for the
Municipal Center expansion project in the amount of$2,247.28.
F. Resolution Denvina McG's Conditional Use Permit to allow motor fuel sales. It was recommended to ratify
the resolution as presented.
96.4
G. Accept resianations. Advisory Commissions. It was recommended to accept the resignations of Roy
Wallace from the Advisory Planning Commission,Sherie Wallace from the Advisory Parks,Recreation&Natural
Resources Commission, and Doug Dahl from the Burnsville/Eagan Cable Communications Commission.
• H. Massaae Therapist Ucenses. Paula Chase and Roxanne Carr/Beseman. It was recommended to approve
the massage therapist licenses as presented, subject to the results of the Police Investigation.
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EAGAN CITY COUNCIL MINUTES; JANUARY 16, 1996
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• I. Approve closing and transferring of assets and liabilities of certain funds. It was recommended to approve
closing and transferring the assets and liabilities for the following funds:
Preliminary 12-31-95
Fund Closed Closed To Fund Balance 1
447 1979 Fire Station and Equipment 335 Equipment Revolving $29,709
487 1990 Equipment Certificates 335 Equipment Revolving (1.083)
Subtotal $28.626
450 Consolidated Debt Service Bond 337 Community Investment $328,450
454 1978-B Special Assessment 337 Community Investment 6,019
455 1979-A Special Assessment 337 Community Investment 871,679
456 1979-B Special Assessment 337 Community Investment 450,907
457 1980 Special Assessment 337 Community Investment 962,683
461 1982 Special Assessment 337 Community Investment 18.471
Subtotal $2,638,209
377 Park Trail Dedication & Construction 375 Major Street ($278,911)
Subtotal ($278,911)
Grand Total alum
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J. Vacate Easement, Poppler Homestead Addition. It was recommended to receive a petition to vacate a utility
easement for Poppler Homestead Addition and schedule a public hearing for February 20, 1996.
• K. Project 700, Carol/Hall Street Utilities. It was recommended to receive a petition for Project 700, Carol/Hall
Street Sanitary Sewer and Watermain and authorize the preparation of a feasibility report.
L. MSA, Inc. Engineering Services Fee Schedule. Wachter moved, Hunter seconded a motion to continue this
to the next Council meeting. Aye: 5 Nay: 0
M. Contract 96-02,Well No. 18. it was recommended to approve the plans and specifications for Contract 96-
02, Well No. 18 Pumping Facilities and Site Improvements and authorize an advertisement for bid solicitations.
N. Approve Final Aareement with Gopher Smelting. It was recommended to approve the final exchange
agreement between the City and Gopher Resources and authorize the Mayor and City Clerk to sign the
agreement.
0. Contract 93-W, Town Centre 100 12th Addition, Mann Theater. It was recommended to acknowledge
completion of Contract 93-W and authorize perpetual City maintenance subject to warranty provisions.
P. Final Subdivision, Town Centre 100 16th Addition. It was recommended to approve a final subdivision for
the Town Centre 100 16th Addition located south of Yankee Doodle Road, west of Lexington Avenue.
96.5
Q. Joint Powers Agreement, Street Markings and Maintenance. It was recommended to approve the joint
powers agreement for pavement markings, sweeping and sealcoating and authorize the Mayor and City Clerk
to execute all related documents.
R. Footings and Foundation Permit, Bob Martin Trucking Phase 2. It was recommended to approve staff
issuance of a footings and foundation permit for Bob Martin Trucking prior to final plat approval anticipated at
the February 6, 1996 City Council meeting.
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EAGAN CITY COUNCIL MINUTES;JANUARY 16, 1996
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• Wachter moved, Awada seconded a motion to approve the consent agenda as presented. Aye: 5
Nay: 0
1996 CALENDAR YEAR CITY COUNCIL ORGANIZATIONAL BUSINESS
A. ADVISORY COMMISSION APPOINTMENTS:
1. Burnsville/Eagan Cable Communications Commission: Jim Blair and Bob Cooper were
appointed to three year terms; Bill Ista and Maggie Jensen were appointed to one-year terms;and
Jeff May was appointed to a one year alternate term.
2. Airport Relations Commission: Steve Soderling and Jane Vanderpoel were reappointed to three
year terms; Joseph Harrison was appointed to a two year term; and Ted Gledhill was appointed
to a one year alternate term.
3. Solid Waste Abatement Commission: Dan Breve and John Tapper were reappointed to three
year terms as resident representatives; Jim Weinzettel was reappointed to a three year term as a
hauler representative; and Rick Patraw was reappointed to a one year alternate term.
4. Economic Development Commission: Eldon Johnson was reappointed to serve one year of a
three year term; and Julie Stackhouse and Dave Vogt were appointed to serve three year terms.
5. Advisory Parks, Recreation & Natural Resources Commission: George Kubik and Michael
Vincent were reappointed to three year terms; Randall Ahem was appointed to a three year term;
• Tim Callister and Daryle Peterson were appointed to serve two year terms;and Guy Kohinhofer was
appointed to serve a one year alternate term.
6. Advisory Planning Commission: Carla Heyl was reappointed to serve a three year term; Dee
Richards was appointed to a three year term; Larry Frank was appointed to a one year term; and
Don Schindle was appointed to a one year alternate term.
B. ACTING MAYOR: Mayor Egan appointed Councilmember Hunter to serve as Acting Mayor In his
absence at City Council meetings and other activities pertaining to the City of Eagan.
C. LEGAL NEWSPAPER: Wachter moved, Awada seconded a motion to approve the retention of
Dakota County Tribune/This Week Newspapers as the City's official legal newspaper. Aye: 5 Nay: 0
D. CITY COUNCIL MEETINGS: Wachter moved, Awada seconded a motion to approve the 1996
Schedule of Council Meetings, designating the first and third Tuesdays of the month at 6:30 p.m. for regular
City Council meetings,with the exception of March 5,May 21 and November 5,wherein the dates March 4,May
20 and November 4 were approved as alternate dates. Aye: 5 Nay: 0
E. CITY COUNCIL MEETING PROCEDURES: Masin moved,Awada seconded a motion to approve
the guidelines/handout for public presentations and public participation in City Council meetings as presented.
Aye: 5 Nay: 0
F. COUNCIL STANDING COMMITTEE AND REPRESENTATIVE APPOINTMENTS: Mayor Egan
recommended the following Counciimembers to serve on standing committees as follows:
Finance Committee: Hunter (Chair) and Egan
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Public Works Committee: Wachter (Chair) and Awada
Personnel Committee: Masin (Chair) and Wachter
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EAGAN CITY COUNCIL MINUTES;JANUARY 16, 1996
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Hunter moved, Masin seconded a motion to approve the following Council representative positions:
Minnesota Valley Transit Authority Board: Masin
School District #191: Masin
School District #196: Hunter
School District#197: Egan
Dakota County League of Governments: Masan
History Committee: Wachter
Municipal Legislative Committee Board: Egan
Dakota County Economic Development Partnership: Wachter (Hunter alternate)
Aye: 5 Nay: 0
Wachter moved, Hunter seconded a motion to disband the Caponi Art Park Subcommittee.
Councilmember Masin indicated she is opposed to dropping this committee. She feels it is important to keep
it going. Councilmember Wachter stated he feels this issue is at a stalemate. Councilmember Hunter
concurred, noting that the committee can be reinstated if necessary. Some discussion followed. Aye: 3 Nay:
2 (Awada, Masin opposed.)
G. OTHER APPOINTMENTS:
1. MASAC Representatives. Wachter moved,Masin seconded a motion to approve the appointment
of Mayor Egan as a member; Jon Hohenstein as an alternate; and Mike Schiax and Lance Staricha to share
the other alternate position. Aye: 5 Nay: 0
2. City Representative to Eagan Convention and Visitors Bureau Board of Directors. Community
Development Director Reichert reviewed the work of the board. Hunter moved, Wachter seconded a motion
to approve the appointment of Community Development Director Reichert and the Economic Development
Chair to serve on this board for a one year term. Aye: 5 Nay: 0
3. Special Advisory Committees. Councilmember Masin stated she would like to have a task force
to review the public versus private road construction issue. Discussion followed concerning a capital budget
committee. Councilmember Masin suggested that some of the people who weren't selected for appointment
to boards and commissions be used for these committees. Wachter moved, Hunter seconded a motion to
direct the City Administrator to draft a purpose,objectives and time line for special study committees for further
consideration. Aye: 5 Nay: 0
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PROJECT 694, EAGAN PROMENADE
Director of Public Works Colbert gave a staff report, noting that they have been informed by Opus
Corporation that they would like to request that the project be modified to allow the Denmark Avenue and
Promenade Avenue portions to be constructed privately. Jim Dvorak, of SRF Consulting Group, reviewed the
project and assessments. Mayor Egan indicated he wants to make sure that Dart Transit has been notified of
these special assessments in light of the fact that they recently purchased the adjacent property.
Councilmember Wachter asked whether Dakota County has been notified of these changes. Mr. Dvorak
responded that they have been meeting regularly with them on this and other projects. Mayor Egan then
opened the public hearing to anyone wishing to speak.
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EAGAN CITY COUNCIL MINUTES;JANUARY 16, 1996 InnZO
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• Ron Goedken, 3420 Golfview Drive, asked about lighting along the bike paths. Jim Dvorak reviewed
the lighting proposal, noting that not all pedestrian trails will have lighting. Mr. Goedken noted that having
pedestrians and bicyclists sharing the same trail will present a liability issue. Mr. Dvorak responded that this
has been the city's policy in the past.
Michelle Foster, of Opus Corporation, reiterated their intention to construct Denmark Avenue and
Promenade Avenue privately. Mayor Egan noted that the design must be done by the city's consulting
engineer, and that all construction inspections be performed by the city's authorized personnel.
There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council.
Councilmember Wachter asked about the Council's preference for a full-service hotel on the northerly portion.
Michelle Foster responded that the plan shows 60,000 feet of retail, but the Land Use Plan authorizes either
hotel or retail. She noted that is not part of this phase, but they will continue to market it for a hotel.
Discussion followed.
Councilmember Masin asked about MVTA concerns about transit stops in the development. Community
Development Director Reichert noted that those concerns will be handled at the design stage. They are working
with the MVTA on those issues.
Awada moved,Wachter seconded a motion to close the public hearing and approve Project 694,and
authorize the preparation of detailed plans and specifications, and acquisition of rights-of-way through
condemnation if necessary. Aye: 5 Nay: 0
Hunter moved,Wachter seconded a motion to authorize staff to prepare a revised feasibility report on
the reduced scope of the project. Aye: 5 Nay: 0
PROJECT 695, YANKEE DOODLE CORRIDOR TRANSPORTATION IMPROVEMENTS
Director of Public Works Colbert and Jim Dvorak, of SRF, gave a staff report. Councilmember Masin
noted that the MVTA asked for a 12 foot wide bus lane on Pilot Knob Road and hasn't received a response.
Mr. Dvorak indicated he is aware of the request and has been working with the MVTA on this issue. Peter
Sorenson, of Dakota County, indicated that it would be difficult to have a bus lane in that area, but they are still
working on it. Councilmember Hunter asked whether the requests for additional signals have been analyzed.
Director of Public Works Colbert responded that the only additional signal he is aware of is at the intersection
of Washington Drive and Yankee Doodle Road. There have been preliminary discussions with Dakota County
about including it with this project, but they aren't included In this report. They are continuing to analyze it.
Considerable discussion followed concerning traffic flow in the area and the issues raised at the open house.
Mayor Egan then opened the public hearing to anyone wishing to speak.
Coleen Ainol, Facilities Manager for Loral Defense Systems, asked whether this project includes
changing the entrances to their facility on Pilot Knob Road. Jim Dvorak reviewed the proposed changes to their
entrances. Ms. Attnol indicated they are concerned about the impact on their property value and ability to
expand in the future.
Jim Breit, representing the O'Neil Estates, handed out a letter outlining the position of the O'Neil family
in support of this project.
Kathy Haman, 3205 Marice Court, indicated she is very concerned about traffic flow through that
residential area. She would like the street dead ended so they don't get Promenade traffic through their
residential area.
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EAGAN CITY COUNCIL MINUTES;JANUARY 16, 1996
PAGE 7
• There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council.
Wachter moved,Awada seconded a motion to close the public hearing,approve Project 695,and authorize the
preparation of detailed plans and specifications and acquisition of rights-of-way through condemnation if
necessary. Aye: 5 Nay: 0
PROJECT 636R, POPPLER LANE
Director of Public Works Colbert gave the history of this project, and Mark Hanson, of Boonestroo,
Rosene, Anderlik Associates, gave a staff report. Larry Poppier indicated that the issue is the platting of two
additional lots that was requested over six years ago. During that time, a dispute arose over the location of
the boundaries and the street itself. A faulty survey formed the basis for this contention by a neighbor;
however,the surveyor was fined by the state, is out of business,and lost his license. His father's surveyor was
always in compliance with the monumentation, the county surveyor maps, and the 1992 and 1996 feasibility
reports done by the city. He noted that the sewer was installed by the city about 30 years ago,without a state
permit and without good future planning. The present 10 foot permanent easement was too small,yet over the
years, a 100 foot temporary construction easement was left on. Requests to remove it were ignored by city
staff. Because of this, Lots 4 and 5 were platted but are not marketable. Opportunity costs and holding costs
were unjustly paid by his father. His father would like to accommodate the extension of the permanent
easement which would correct a mistake made from poor planning done 30 years ago. The Planning
Department requires an enlarged easement around the lift station to the north. The huge cost increase of the
street improvement, along with ongoing requirements and fees, make this platting of two lots financially
unsound. He proposed to plat the road to match the county surveyor's office and city map. The lot line will
be platted without any dispute for plat approval. He also proposed to waive the roadway requirement upgrade
for financial reasons. This roadway issue can be looked at in the future and the improvement made when it
is needed. The city would be granted the proper easements for servicing an ill-conceived sewer line in the
• interest of the community at large. Considerable discussion followed on the history of this property and the
condition of the road. Mr. Poppler acknowledged that this request would not be an indefinite postponement
of the roadway improvement. He feels that it still has 4-5 years of good use left. He requested that this
roadway improvement be postponed until it is needed. Councilmember Hunter stated that his concern is that
if this improvementn is delayed,he doubts the city will be able to prove benefit and assess the property owners.
After homes are built, it is difficult to prove benefit. Councilmember Wachter concurred, indicating that Mr.
Poppler should make sure the new property owners are informed of the assessments before they purchase it.
Mike Ekblad,3070 Poppler Lane, indicated he doesn't feel the Council should approve any of this until
the survey issue is resolved. He is not opposed to the roadway improvements, but he wants the property issue
resolved so the city doesn't put a road on his property. Director of Public Works Colbert reviewed the survey
error and property line dispute. He noted they would not proceed with awarding the contract until the Poppler
Addition 2nd Addition plat has been recorded,which would provide the drainage easements for the storm sewer
outlet and recorrecting the other easements. They will design the public improvement to fit the new or
reaffirmed right-of-way. Considerable discussion followed concerning the property dispute.
Councilmember Hunter indicated the city hasn't done this for any other developer and doesn't favor
doing it for this development. He favors going ahead with the improvement as proposed. Councilmember
Awada asked whether Mr. Poppler would be willing to sign a waiver of objection to assessments for the road
improvement. Mr. Poppler responded that a provision could be put in the purchase agreement that at some
time in the future there will be a roadway assessment. Considerable more discussion followed. Councilmember
Hunter questioned the legality of having them sign the waiver of objection to assessments. City Attorney
Sheldon responded that the action tonight has to do with the improvement. The waiver could be done in
conjunction with the final plat, but only for those properties within the plat. Considerable discussion followed
concerning what lots are included in the plat, who owns the lots, and who waivers could be obtained from.
• Director of Public Works Colbert noted that if the street improvement is not approved as part of this
project, the cost of the utility improvements would have to be adjusted because there would have to be street
rnf?'s
EAGAN CITY COUNCIL MINUTES;JANUARY 16, 1996
PAGE 8
• restoration associated with that. When the street improvement would be done in the future, It would be for
basically the same cost, except for any inflation factor. He is unsure how valid a waiver of objection to
assessments would be for what might be considered an unreasonable cost,and It might still be disputed at that
time. If the waiver is locked into a specific dollar amount, the city runs the risk of having to cover any costs
exceeding the waiver amount. He noted that another option would be to order the improvement, but delay the
assessments for five years. Mr. Poppler indicated he would agree to that. After more discussion concerning
financing of the assessments,Wachter moved,Hunter seconded a motion to continue this to the next meeting.
Councflmember Awada reviewed the options available to the Popplers. The Popplers indicated they
would be willing to have the street Improvement done, with the assessments deferred for five years.
Councilmembers Wachter and Hunter then withdrew their motion.
Wachter moved, Hunter seconded a motion to close the public hearing and approve the project,
deferring the assessments for five years without interest. Aye: 5 Nay: 0
VACATE FARM ROAD
Awada moved, Masin seconded a motion to continue this to February 20. Aye: 5 Nay: 0
RECEIVE PETITION, AUTHORIZE FEASIBILITY REPORT, SAFARI @ EAGAN 3RD ADDITION
Director of Public Works Colbert reviewed the issues. This project consists of construction of a right
turn lane, which is a requirement of the subdivision and development of the property, and the development of
a ponding area that serves as a community-wide ponding basin. The majority of the Safari @ Eagan surface
water runoff is being directed into a pond that was constructed with earlier phased development. Mr.Watschke
wants the city to pay for the feasibility report,the cost of which is normally allocated proportionately to the cost
of the improvements. The major cost of the improvement will be the public ponding basin. Councilmember
Wachter indicated he doesn't agree with the city paying for this. Wachter moved, Hunter seconded a motion
to receive a petition and authorize the preparation of a feasibility report for street and ponding improvements
associated with Safari @ Eagan 3rd Addition. Councilmember Awada questioned whether Mr. Watschke is
expected to pay for the entire feasibility report. The City would have had to do a feasibility report anyway for
the ponding basin. Director of Public Works Colbert noted that he is only expected to pay the proportionate
share for the right-turn lane. Mayor Egan noted that this is a matter of policy. Mr.Watschke petitioned for this
report and he doesn't see any reason to deviate from the policy. Some discussion followed. Aye: 5 Nay:
0
RESOLUTION AMENDMENT, OUTLOT C, GREAT OAKS ADDITION
Hunter moved,Awada seconded a motion to approve an amended resolution authorizing the combina-
tion of Outlot C, Great Oaks Addition, with Lots 3, 6 and 7, Block 1, Great Oaks Addition. Aye: 5 Nay: 0
96.6
RECOMMENDATION, SOUD WASTE ABATEMENT COMMISSION, CITY CODE AMENDMENT,
SECTION 6.37, RESIDENTIAL REFUSE AND RECYCUNG COLLECTION REQUIREMENTS
Hunter moved,Awada seconded a motion to continue this to February 20 and extend the moratorium
on issuance of additional residential or combination hauling licenses until March 1, 1996. Aye: 5 Nay: 0
APPROVE CONTRACT WITH EFFECTIVE GOLF COURSE SYSTEMS
Hunter moved, Masin seconded a motion to authorize Effective Golf Course Systems to complete an
S analysis to help the city make informal decisions in its consideration of a municipal golf course at a cost of
$6,000. Aye: 5 Nay: 0
EAGAN CITY COUNCIL MINUTES;JANUARY 16, 1996
PAGE 9
Mel:MONESS
REZONING AND PREUMINARY SUBDIVISION, FOX FOREST ADDITION
Community Development Director Reichert gave a staff report. Wachter moved, Awada seconded a
motion to approve a rezoning of 5.5 acres from Agricultural to R-1 Single Family. Aye: 5 Nay: 0
Wachter moved, Awada seconded a motion to approve the preliminary subdivision at 4135 Lexington
Way, subject to the following conditions:
1. The developer shall comply with standard conditions of plat approval Al, B1, B2, Cl, C2, C4, DI,
E1, Fl, G1 and H1 as adopted by Council on February 3, 1993.
2. The property shall be platted.
3. The applicant shall provide detailed plans and specifications for all retaining walls to be
constructed.
4. Any house constructed on Lot 2 shall be equipped with a fire protection sprinkler system in
accordance with Uniform Fire Code standards or the applicant shall provide a fire hydrant and 20
foot wide driveway access from Lexington Way to serve the future house on Lot 2.
5. The applicant shall prepare and submit a private ingress/egress easement document for the shared
driveway access on Lot 2 to the City Attorney's office for review and approval prior to Council
action on the final subdivision.
• 6. Prior to any site grading, the applicant shall provide tree protection measures installed at the drip
line or at the perimeter of the critical root zone,whichever is greater,of significant trees/woodlands
to be preserved.
7. Upon completion of the tree protection measure installation, but at least five days prior to any site
grading, the applicant shall contact the City Forestry Division.
Aye: 5 Nay: 0
REZONING, PREUMINARY SUBDIVISION AND VARIANCE,
WOBKEN, WALSH AND NOREEN ARCHITECTS
Community Development Director Reichert gave a staff report. Hunter moved, Awada seconded a
motion to approve a rezoning from R-4 Multiple Family to R-2 Duplex on 1.07 acres previously platted as
Wescott Hills Revised 3rd Addition, Lots 15-19 in the Northeast Quarter of Section 14. Aye: 5 Nay: 0
Wachter moved, Awada seconded a motion to approve a preliminary subdivision for Wescott Hills 5th
Addition, including variances to allow one lot to be 92.5 feet wide and 13,875 square feet in area, subject to
the following conditions:
1. The developer shall comply with standard conditions of plat approval B1, B2, Cl, C2, D1, El, Fl
and G1 as adopted by Council on February 3, 1993.
2. The developer shall submit a revised grading plan that reflects slope grades of 3:1 or gentler or the
construction of retaining walls to obtain the required 3:1 slopes.
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EAGAN CITY COUNCIL MINUTES;JANUARY 16, 1996
PAGE 10
• 3. Driveways to Lots 15 and 17 from Trails End Road shall be constructed at a longitudinal slope of
10% or less.
4. All drainage and utility easements dedicated with previous Wescott Hills plats shall be maintained
with this replat.
5. The developer shall plat the property and rename the proposed subdivision to wescott Hills 5th
Addition, Lots 1-4 on the final subdivision.
Aye: 5 Nay: 0
REQUEST BY BEA BLOMQUIST TO ADDRESS MN H.F. 833 REGARDING
COMPREHENSIVE GUIDE PLAN/ZONING MAP
Bea Blomquist reviewed the legislation and how problematic it becomes for cities. She found out that
the Minnesota Property Rights Association is presenting proposals hoping to amend and rescind this bill. She
feels this bill is violating Fifth Amendment rights and has been working with our local legislators. One of the
things being worked on is the compensation in the event property is devalued due to a zoning change. She
presented the first draft of the bill that will be presented to both the House and Senate. Councilmember Hunter
applauded Ms. Blomquist for taking this on. He agreed that this should not have been adopted. He feels this
is a further attempt at social engineering in the metropolitan area. He feels this should be done on a dual track
to amend or rescind the legislation at the same time. Other Councilmembers concurred, suggesting a task
force be formed to study this. Administrator Hedges added that this issue could be presented to the A.M.M.
Board. Some discussion followed. Ms. Blomquist indicated she will stay involved with this and will keep the
Council updated on this issue.
• 140.4411YVPIT4ROPY4RNP4411.M4ARO
Councilmember Masin reported on the status of the Dakota County Healthy Communities Committee.
Mayor Egan reminded Councilmembers of the MLC legislative meeting on January 31.
UND`TA 1
Community Development Director Reichert reviewed upcoming issues that outside consultants will be
working on.
Councilmember Hunter indicated he would like a legal opinion on what criteria can be used for denying
a Comprehensive Guide Plan amendment. City Attorney Sheldon indicated he will put that in a memo to the
Council.
Administrator Hedges reviewed the schedule for the Carriage Hills issue. The consensus of the Council
was to hold the public hearings for the Advisory Planning Commission and City Council concurrently at an off-
site location. Administrator Hedges noted that Joe Miller is interested in processing his Comprehensive Guide
Plan amendment as well,and it is really part of the entire study on a golf course/community center. After some
discussion,the consensus of the Council was to deal with the golf course issue first,and Mr. Miller's application
later.
Councilmember Wachter asked the Council what they would like to do with the historic bell. Discussion
followed with direction that it be mounted and put in the Council Chambers.
Masin moved, Hunter seconded a motion to have the City Administrator write a strong letter to the
• attorneys who inadvertently included the city in a lawsuit against the Florine's, requesting an explanation as to
how the city came to be included, and that a letter of apology be sent to all parties. Aye: 5 Nay: 0
n
EAGAN CITY COUNCIL MINUTES;JANUARY 16, 1996
PAGE 11
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OlIEWREWER
Wachter moved, Egan seconded a motion to approve the checklists dated January 11, 1996 in the
amounts of$1,161,222.48 and $253,799.19, as presented. Aye: 5 Nay: 0
The meeting adjourned at 11:25 p.m. to an executive session.
I DLP
January 16, 1996 I
Date 1 Awl «erk y
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the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454-8535).
The City of Eagan is committed to the policy that all persons have equal access to its programs, services,
activities,facilities and employment without regard to race,color,creed,religion,national origin,sex,disability,
age, marital status or status with regard to public assistance.
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