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07/05/1994 - City Council Regular MINUTES OF A REGULAR MEETING OF THE C 2'.' k.. EAGAN, CITY COUNCIL Eagan, Minnesota July 5, 1994 A regular meeting of the Eagan City Council was held on Tuesday, July 5, 1994 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, and City Attorney James Sheldon. AGENDA Wachter moved, Hunter seconded a motion to approve the agenda for the July 5, 1994 meeting as submitted. Aye: 5 Nay: 0 MINUTES OF JUNE 21, 1994 REGULAR CITY COUNCIL MEETING Administrator Hedges noted an addition to pages 2 and 3 of the minutes that was inadvertently omitted. Councilmember Masin noted a correction on page 9, paragraph 5, that Rebecca Kulick's name was misspelled. The correct spelling should be Kulas. Hunter moved, Awada seconded a motion to approve the minutes of the June 21, 1994 regular City Council meeting as amended. Aye: 5 Nay: 0 MINUTES OF JUNE 21, 1994 SPECIAL CITY COUNCIL MEETING Awada moved, Hunter seconded a motion to approve the minutes of the June 21, 1994 special City Council meeting as presented. Aye: 5 Nay: 0 MINUTES OF JUNE 7, 1994 REGULAR COUNCIL MEETING Councilmember Masin requested that on page 20, paragraph 5, that a clarification be added that a member of the audience Identified the median material as colored concrete rather than brick. Administrator Hedges suggested that Councilmember Masin give the correct language to the secretary to be added to the minutes. Hunter moved, Awada seconded a motion to approve the minutes of the June 7, 1994 regular City Council meeting. Aye: 5 Nay: 0 Councilmember Wachter Indicated he would like to change his vote in the minutes from some time back relating to the Lexington/Lone Oak street improvements. He understood that two access points were to be provided for Crate Prospects as part of the road Improvement project, which Is what he based his vote on. Since that has not occurred, Wachter asked that his vote for the street improvement project be changed to NAY. Mayor Egan and other Councilmembers stated they remembered Wachter's vote as being NAY on that issue. VISITORS TO BE HEARD There was no one in the audience who wished to address the City Council under this section. DEPARTMENT HEAD BUSINESS Councilmember Wachter asked whether there was an explosion at the July 4th fireworks. He heard that people were endangered. Police Chief Geagan indicated there were 15-20 Incidents of people with 0(2 L debris in their eyes from the fallout of the fireworks. There were also a number of young people who brought their own fireworks. Councilmember Awada indicated she received comments from people who would like to keep the parade on Rahn Road. Administrator Hedges suggested that if Councilmembers have suggestions on the July 4th celebration, they should get them to his office. He would like to have some discussion with the Uons Club relative to the congestion, traffic, etc. Awada noted she received a suggestion that Eagan have their own festival, since there are so many other towns competing with July 4th celebrations. Masin suggested the festival be held In addition to the July 4th celebration. Mayor Egan concurred. Councilmember Wachter noted he met with Ann Canon and she stated she would like to have some type of celebration, perhaps with a historical theme. He suggested the Historical Society meet where she could be present to discuss this. Mayor Egan asked for an update on the storm damage last evening. Police Chief Geagan noted that a storm cell went through the city and reviewed the location of the storm and damage that occurred as a result of the storm. There were approximately 41 homes damaged, and approximately $100,000 damage, not Including the trees that were lost. He spoke to the Emergency Preparedness Director, who indicated that in order to receive federal funding, there needs to be at least 25 structures that are underinsured or not insured. Chief Geagan doesn't feel the City will meet that criteria. He commended the departments that were involved in the cleanup, and the neighbors who really pulled together to help each other. He feels everything is pretty well taken care of, and stated the City was fortunate that no one was injured since there was no warning of the storm. Besides Bloomington, Eagan seems to be the only community significantly affected. Mayor Egan noted he received many compliments about staff on the job they did cleaning up after the storm. He commended the departments involved. CONSENT AGENDA In regard to Item D. Amend Contract. E & V Incorporated. Construction Management Service. Police/Municipal Center Expansion, Councilmember Wachter asked for an explanation of the escalation figure. In regard to Item E. Receive Bids/Award Sale. Lexington Meadows Subdivision. McDonald Construction. Councilmember Awada stated she was happy to see a better price was received than the first time. She would like a breakdown of the costs. In regard to Item F. Gambling Permit. Knights of Columbus Council 7604. Starks Saloon. 3125 Dodd Road. Councilmember Hunter stated he feels that it is not in the best interest of the city to approve every permit that is requested. He felt a policy needs to be developed which clarifies the criteria for approving permits. Ron Leif, Assistant Gambling Manager for the Knights of Columbus, clarified that this Is a new license for Starks Saloon. The Knights of Columbus also has a license at Richards on Highway 3. Starks Saloon had pull tabs with another organization several years ago, and although they would prefer not to have them, they feel business is suffering because businesses around them have pull tabs. Hunter stated he would like to place this under new business of an upcoming agenda for discussion. He is willing to support this permit, but he would like to see a policy developed. In regard to Item I. Project 674, Receive Feasibility Rego /Order Public Hearing (Violet Lane - Streets and Utilities), Councilmember Masin noted that Harry LeMleux passed away a few weeks ago. He was very active In the community and Will be missed. In regard to Item K, Project 672. Approve Agreement between Dakota County and C.P. Rail System (Cliff Road and T.H. 3 - Signal Improvements). Councilmember Wachter asked what the cost participation will be. Public Works Director Colbert stated the City is responsible for 45% of the costs of the roadway crossing. It is a three way agreement between the City, Dakota County, and the railroad. The first agreement entered Into was for the signalization of that crossing, which was a five way agreement with 2 federal funds, state funds, county funds, city funds and the railroad. Wachter asked why this wasn't split three ways. Colbert noted that it is part of the railroad requirements to cross their tracks. The city and county typically split all costs associated with county road construction. This agreement Is to reimburse the railroad, who does the actual crossing. Wachter asked whether this will establish a precedent. Colbert indicated It will not. The present policy is that any time county funds are required, the city participates 45% for the roadway Improvements, and 50% for the signalization. In regard to Item N, Final Plat. Rooney Addition. Councilmember Wachter asked for further explanation. Public Works Director Colbert noted that when the property owner Improved their property with decks and yard Improvements, they encroached beyond their property line. This plat will recreate a new lot line and rededicate the common property line. A. Personnel Items Item 1. It was recommended to approve the hiring of Jerilyn Johanson as a seasonal park attendant. Item 2. It was recommended to approve the hiring of Robert Becker and John Fenger as seasonal street maintenance workers. Item 3. It was recommended to approve the hiring of Jon Stevenson as a seasonal park maintenance worker. Item 4. It was recommended to approve the hiring of Jennifer Jensen as a seasonal recreation assistant. Item 5. It was recommended to approve the hiring of John Fenger, Tyrone Lovick, Stacy Brown, Andrew Kelson, Timothy Wentworth, Lane Purcell, Marcus Arcell, Paul Clark, Terrance Masso and Dennis Clark as seasonal basketball referee/coaches. Item 6. It was recommended to approve the hearing conservation agreement between the City of Eagan and the City of Bloomington. Item 7. It was recommended to approve the reclassification of the Water Quality Coordinator position from exempt level J to exempt level K. B. Licenses. Plumbers It was recommended that the following plumbers licenses be approved: A-Handy Plumbing Inc.; Aquarius Heating & Plumbing; Gorham-Olen Mechanical Inc.; Hopkins Plumbing & Heating; Horwitz Inc.; Murr Plumbing Inc.; and N S Mechanical Inc. C. Recommendation. App. glntment to the Dakota Alliance for Prevention It was recommended that Kathy Schalvone be recommended for appointment to the Dakota Alliance for Prevention as a representative. D. Amend Contract. E & V Incorporated. Construction manaaement Service. Police/Municipal Center Ex nsion It was recommended to approve an amendment to the construction management contract for E & V Incorporated for the Police/Municipal Center Expansion, as presented. 3 E. Receive Bids/Award Sale. Lexington Meadows Subdivision. McDonald Construction It was recommended to receive bids and award the sale of municipal surplus property known as the Lexington Meadows Subdivision to McDonald Construction at its bid price of $223,250, as presented. F. Gambling Permit. Knights of Columbus Council 7604. Starks Saloon. 3125 Dodd Road It was recommended to approve a gambling permit for the Knights of Columbus 7604 for the Starks Saloon premises as presented. (Reference resolution?) R-94.43 G. Special Permit. Target. to allow one-day outdoor sales of hot dogs and too. July 15. 1994 It was recommended to approve a special use permit for Target Stores to allow one-day outdoor sales of hot dogs and pop on July 15, 1994, subject to the following conditions: 1. Measures shall be taken to ensure smooth and safe vehicular traffic circulation. 2. Permit expires at 7:00 p.m. on July 15, 1994. 3. All applicable Code requirements. H. Vacate. Public Right-of-Way. Receive Petition/Order Public Hearing (Carol Street) It was recommended to receive a petition to consider the vacation of public right-of-way for Carol Street and schedule a public hearing to be held on August 2, 1994. 1. Project 674. Receive Feasibility Report/Order Public Hearing (Violet Lane - Streets and Utilities) It was recommended to receive the feasibility report for Project 674 (Violet Lane - Streets & Utilities) and schedule a public hearing to be held on August 2, 1994. J. Contract 93-06. Authorize Final Payment (T.H. 149 and N.W. Parkway - Signal) It was recommended to continue this item indefinitely in order to obtain appropriate signatures. K. Project 672. AR rop ve Agreement between Dakota County and C.P. Rail System (Cliff Road and T.H. 3 - Signal Improvements It was recommended to approve an agreement for Track Crossing Renewal between Dakota County, City of Eagan and CP Rail System for Project 672 (TH 3 & Cliff Road - Signal & Roadway Improvements) and authorize the Mayor and City Council to execute all related documents. L Acceptance. Carriage Hill Drive. Request for Dakota County Acceptance of Jurisdiction of Public Right-of-Way It was recommended to approve the Resolution requesting County jurisdiction of Carriage Hills Drive and authorize the Mayor and City Clerk to execute all related documents. R-94.44 M. Final Plat. Galaxie Hill Oaks It was recommended to approve the final plat for Galaxie HUI Oaks. R-94.45 N. Final Plat. Rooney Addition It was recommended to approve the final plat for Rooney Addition. R-94.46 4 Wachter moved, Hunter seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 P$~ RI PROJECT 661R, SIBLEY TERMINAL INDUSTRIAL PARK (YANKEE DOODLE ROAD REHABILITATION) Mayor Egan Introduced this Item as Project 661 R, Sibley Terminal Industrial Park. Administrator Hedges explained that at the April 19 City Council meeting, a public hearing was held to consider the reconstruction and rehabilitation Improvements for the Sibley Terminal Industrial Park which incorporates Yankee Doodle Road from T.H. 13 to Terminal Drive and Terminal Drive from Yankee Doodle Road to T.H. 13. At that time, the Council deferred the Terminal Drive improvement for reconsideration in 1996. Staff was also directed to redraft and revise the feasibility report for improvement of only Yankee Doodle Road from T.H. 13 to Terminal Drive. At the May 18 special City Council workshop, there were a number of alternatives for financing addressed for this project. The Public Works Committee was then directed to review the options with the Impacted property owners on June 2nd at a public Informational meeting. At the June 7 City Council meeting, a revised feasibility report was then presented with specific direction which included a request for an overlay alternative at the suggestion of the City Council, and the public hearing was then scheduled for this meeting. He noted that one of the directions of the Public Works Committee was to work with the affected property owners and information has been shared with Tim Herman, the industrial park's designated representative. Public Works Director Colbert introduced Steve Gatlin of MSA Consulting Engineers, who has been involved in the preparation of both feasibility reports. Steve Gatlin of MSA Consulting Engineers, noted that following direction of the Council, they reduced the scope of the project to include only improvements to Yankee Doodle Road from Terminal Drive to T.H. 13. The feasibility report addressed two types of improvements on that road, one of which Is the complete reconstruction of the intersection of Yankee Doodle Road and Terminal Drive, and the low point near the intersection with Yankee Drive; and a significant curb to curb milling and overlay on the remaining portions of the roadway. They are recommending that the pavement be removed, and that improvements be Installed, including new storm sewer in the low point, curb and gutter where the current curb and gutter shows settlement or cracking, and subgrade improvements to correct some subsoil moisture problems that were identified through soil borings. The reconstruction section involves removal of the pavement, removal of the gravel base, Installation of sand subcut where necessary, edge drains in the low areas to remove subsoil moisture, replacement of the curb and gutter if necessary, and repave. The remaining portions will be milled and overlaid with 3 inches of bituminous. He noted that after reviewing the assessment scenarios, the Council seemed to prefer the allocation of 50% of the cost to the abutting frontage along Yankee Doodle Road from Terminal Drive to T.H. 13. The remaining cost is proposed to be assessed on an area-wide basis to all properties except those having direct frontage on the improvement. The total Improvement cost is estimated to be $196,600, of which $166,000 Is for reconstruction, and $30,000 is for the overlay. Following the Eagan assessment policy, all of the reconstruction costs and driveways will be assessed; and curb repairs, storm sewer repairs, and utility repairs will be paid for by the city. Using that policy, $134,600 will be assessed, and $62,000 is city cost. Of the assessment amount, 50% will be assessed at the assessment rate of $34.72 per front foot to the frontage along Yankee Doodle Road, and the remainder on an area-wide assessment rate of $428.42 per acre. 5 Following the meeting with the Council and affected property owners, an alternative was suggested that selective patching be done In the low areas and the Intersection; and an entire milling and overlay over the entire length of Yankee Doodle Road. There would be no storm sewer Improvements, subgrade drainage or subsoil correction. The total project cost of this alternative Is $67,600. Using the City's assessment policy, all of this amount would be assessed. The front foot assessment would be $17.44 per front foot for frontage along Yankee Doodle Road; with an area-wide assessment of $215.16 per acre. Mr. Gatlin then explained the analysis of costs of both improvements over its life cycle. The cost over the life cycle of both alternatives is nearly the same; however, the amount that is assessed would be much greater with the overlay scenario. Councilmember Awada asked what would happen under the overlay scenario If the project were redone in year 10 rather than year 15 and the repair and patch in year 10 were eliminated. Gatlin responded that that would most likely result In redoing the project three times Instead of two. He added that the analysis on this scenario is speculative based on the anticipated life cycle of the unsuitable subgrade of the road. It will depend on how the area develops and the amount of traffic. Mayor Egan asked whether the analysis for the overlay was done based on a 10 ton roadway design. Gatlin responded that the subgrade results In a diminished load carrying capability. In order to provide a 10 ton design, the subgrade Improvements would have to be made. Mayor Eagan stated he doesn't feel the overlay is a cost effective plan because it wouldn't achieve the city's 10 ton road standard, and the assessable cost would be greater to the adjacent property owners. Councilmember Wachter asked whether core samples were taken. Gatlin Indicated that they did take core samples at least 18-24 inches deep. They were done every 100 feet in the low areas, and every 300 feet in other areas. Mayor Egan then opened the hearing to public comment. Tim Herman, one of the affected property owners, indicated he has met with a number of the affected property owners. He feels there are two Issues: whether the road should be reconstructed or overlaid; and the Issue of how It will be paid for. He would like to get a consensus from the Council as to whether the roadway will be reconstructed or overlaid. Mayor Egan clarified that Alternate 1 refers to reconstruction; and Alternate 2 refers to the overlay. Tim Herman Indicated that the consensus of the property owners Is to support Alternate 2. Councilmember Masin stated that for $10,000 moreover the 30 year life cycle, to have a road that Is up to standard makes the most sense. Mayor Egan raised the question of whether building a substandard roadway here would be setting a precedent. He asked whether this has been done on other roadways In the City. Administrator Hedges indicated that this does go against the city's policy and could set a precedent. It Is a public policy question unless the Council feels this project has unique characteristics. Councilmember Awada stated she sees no reason to spend public tax dollars to build a substandard roadway. She doesn't feel this Is a unique situation. Councilmember Wachter stated he feels it is unique In that it is the last Industrial commercial road that would need this type of improvement. He added that if the affected property owners are convinced that reconstruction is not necessary, that they should be aware that they will bear most of the cost If the road deteriorates under the overlay scenario. Councilmember Hunter stated that there are many vacant lots In this industrial park, and future businesses should have a reasonable expectation that their streets are up to standards just like other industrial parks. Also, this Is not the only industrial park In Eagan, and felt this would set a precedent. Over time, it could result In a lot of substandard roads in industrial parks. Tim Herman stated he feels there are only three Industrial parks in Eagan and doesn't feel a precedent would be set. The road is used almost exclusively by the business owners, and feels they should have some Input as to the extent of the repairs to the roadway. He feels it would save taxpayers money to do the overlay. Sixteen out of the 17 owners prefer the overlay. Mr. Herman didn't understand the Council's hesitation In doing an overlay. Even if the taxpayers paid for the entire project, he still felt the overlay would be a better way to go rather than reconstruction since no one knows how long the street will last. Terminal Drive has had virtually no repairs. 6 Mayor Egan asked what the projected cost of maintenance would be under Alternate 2 compared to Alternate 1. Public Works Colbert stated it is difficult to measure, but he felt it would be higher for Alternate 2 due to the weaker subgrade. It causes a greater propensity for cracks and breakup of the asphalt surface. Mayor Egan stated he feels Alternate 2 just causes greater expense in the long run. He feels the future owners of this Industrial park are paying the same square footage cost as any other industrial park, and they should be able to expect the same standard street as any other industrial park. Tim Herman noted that there are no vacant lots on Yankee Doodle Road, and they are being assessed half of the cost. He acknowledged that no one knows how long the road will last, but felt the Council should consider the opinion of the affected property owners, who are the users of the road and will pay for it. He didn't feel the Council should rely on the opinion of someone who never uses the road, and has no long term cost bearing in it. Mayor Egan stated that they are using the expertise of engineers and basing their decision on past experience. This is what has been done uniformly in the past. Councilmember Wachter asked about a section of curbing that was knocked out to provide access to a property. Public Works Director Colbert indicated he will contact the property owner prior to redoing the roadway to see If that Is where they want their driveway. He believed that is included in the cost estimate. Wachter stated he wants to make sure there are no hidden costs after this project is completed. He feels it Is best to do the roadway the proper way the first time. However, If these property owners are willing to assume the responsibility of the costs later on, he is willing to support Alternate 2. Councilmember Awada stated she doesn't understand why the property owners support Alternate 2 after analyzing the costs involved. Tim Herman stated he doesn't feel this roadway will deteriorate as quickly as was estimated. They base their decision on 30 years of being in this area. It is simply a difference of opinion. He doesn't feel reconstruction of the roadway will provide a return for their money. He doesn't feel the subgrade is bad, or that it will get worse. Awada asked what standard the roadway would be if Alternate 2 is done. Steve Gatlin responded that it will remain a 9 ton roadway. Mayor Egan noted that the property owners always have the option of appealing their assessment; however, that Is not the purpose of this public hearing. Councilmember Masan stated that if public money is being spent, she wants to know the job is being done right the first time. Tim Herman stated he feels the overlay is the right way to do this road. He feels the industrial parks should have the choice of a 9 ton or 10 ton road. Councilmember Awada noted that Alternate 2 also does not include the catch basins that were proposed. Public Works Director Colbert indicated that he feels catch basins are needed to provide better drainage and protection of the subgrade, which provides structural support and long term longevity of the street. Mike Gresser stated he feels the Council should be listening to the business owners in the area. They know their businesses and their area. He feels engineers have an economic gain by proposing a bigger project. He feels that is the wrong way to do business and that engineers should have a cap on their fees. He spoke with an engineer from MnDOT, who have done miles of overlays, and they have held up very well. The owners are the only ones using the street, so they should have a say about how the city is going to spend their money. He reminded Council members that the elections are coming up, and he doesn't feel this is good management. He opined that overlay Is more than adequate for this road. Masin asked whether that conclusion Is documented. Gresser indicated it Is not. He is asking the Council to believe him, because he has a financial stake in this decision. If the owners are the ones who will ultimately pay for this, he doesn't understand the Council's hesitation. He doesn't think the Council Is representing the people. Mayor Egan stated that cities have to have standards, or the community would be in chaos, with no uniformity. Gresser stated that he feels residential streets are different. There are very few people using this street besides the owners. Mayor Egan stated he could say the same thing about his residential street. The City is still responsible for maintaining the streets and they believe the policy brings value and general benefit to the entire community. Egan stated that if Mr. Gresser doesn't like the policy, rather than challenging the Implementation of the policy, the policy should be reviewed. Gresser responded that he would like to look at the policy because he doesn't feel this makes any sense. 7 OC211D Steve Henning, 3259 Terminal Drive, stated he concurs with doing the overlay. The taxpayers will be paying a much larger cost if the Council chooses Alternate 1. He doesn't feel that is serving the people of Eagan. The property owners mutually agree that Alternate 2 Is the better alternative. No one knows what will happen with this roadway In the future and the property owners feel they know what is best for their area. Steve Marstad, Apollo Elevator, 3245 Sibley Memorial Highway, indicated that when they originally purchased their property, they had a Terminal Drive address; however, they have never had access from Terminal Drive. Their access is from Highway 13. He would like to know why he is being included in this improvement. He has contacted City Hall several times, but has not received a response. Public Works Director Colbert asked whether he has any property that has frontage on Terminal Drive. Mr. Marstad Indicated he does not. Colbert responded that If his only access is from Highway 13, it Is not the City's Intention to include him In this project. Mr. Marstad stated there was an easement across his property many years ago, which no longer exists. Ben Wilson, President of Diesel Service Company, on the comer of Sibley Memorial Highway and Terminal Drive, stated the road is doing an adequate job. He feels Alternate 1 Is defendable, but exceeds the need. If the property owners are willing to assume the risk, he requests that the Council listen to them. Tim Herman asked what the administration costs include in the engineering fees. He feels engineering firms have a conflict of interest when proposing this type of work. He asked whether the company will be paid more if the Council approves a larger project. He also questioned why the administrative costs are so much larger for Alternate 1. Public Works Director Colbert indicated that the consultant doesn't necessarily receive a higher fee if the larger project is approved. It is just a best estimate of the costs. It is not directly proportionate to the size of the project. Colbert explained some of the factors that affect engineering costs. Mr. Herman indicated he contacted Mr. Gatlin to get some different scenarios on cost allocation. Councilmember Hunter stated that for Mr. Herman to contact the City's consultant was irresponsible and shouldn't have been done. Mayor Egan concurred. Councilmember Masin stated there are standards the City Is trying to adhere to. The City has hired professionals to give their best judgement and they are being told by the property owners not to listen to them. Councilmember Awada stated she trusts the engineers and their judgment. She feels Alternate 1 Is more cost effective in the long run; but she would be willing to support Alternate 2. Administrator Hedges reminded the Council that this project requires a 4/5 vote of the Council. Councilmember Hunter agreed that this debate is about risk. He doesn't like to bend standards, but since the property owners are willing to assume the risk, he is willing to support Alternate 2. After some discussion, it was moved by Hunter, seconded by Awada, that the public hearing be closed, that Project 661 R, Alternate 2 be approved, and that detailed plans and specifications be authorized. Mr. Herman requested that the element relating to assessments be removed from this project. Mayor Egan reminded Mr. Herman that there is a separate public hearing for the assessment. Aye: 5 Nay: 0 SMAUS092 APPOINTMENT/APRNRC Mayor Egan Introduced this item as an appointment to the Advisory Parks, Recreation and Natural Resources Commission vacancies. 8 e~ 4 Administrator Hedges noted that there are two vacancies on the Advisory Parks, Recreation and Natural Resources Commission. The City advertised in the local newspaper to seek interested parties, and there are two. Michael Vincent, who is currently the alternate, has expressed interest; and Sherie Wallace, has also expressed Interest. Masin moved, Wachter seconded a motion to appoint Michael Vincent to the term expiring In 1995; and Sherie Wallace to the term expiring in 1994. Aye: 5 Nay: 0. (The Council took a break at this time.) PREUMINARY PLAT/BACHEL'S BACKYARD Mayor Egan Introduced this item as a preliminary plat for Bachel's Backyard/Al and Mary Kay Bachel, consisting of 2.81 acres for one single family lot and one Outlot on Lot 14, Zehnder Acres located in the Southeast Quarter of Section 4. Administrator Hedges noted that the Advisory Planning Commission conducted a public hearing on this matter on June 28, 1994 and Is recommending approval, with conditions. Community Development Director Reichert explained the location of this property. The owners are proposing to divide the back and create an outlot. They sold their home and are moving, but In case it doesn't work, they would like a lot to come back to. She explained the access to this lot and the surrounding area for future development. Wachter moved, Awada seconded a motion to approve the preliminary plat of Bachel's backyard, subject to the following conditions: 1) The standard conditions of plat approval Al. B1, B3, Cl, Fl and H1, adopted by Council action February 3, 1993 shall be compiled with. 2) A tree preservation plan shall be submitted when the Outlot Is platted. 3) The plat is subject to a cash parks dedication and a cash trails dedication. 4) Architectural designs and construction methods for new construction within the development shall Incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 DBA. 5) A notice will be recorded on each lot indicating that it is located within Metropolitan Council Noise Zone IV. Aye: 5 Nay: 0 PREUMINARY PLAT/BROMAN ADDITION Mayor Egan Introduced this item as the preliminary plat of Broman Addition/John and Flora Broman, consisting of 1.42 acres for three single family lots on Lot 11, Treffle Acres, located in the Southeast Quarter of Section 4. Administrator Hedges stated that the Advisory Planning Commission conducted a public hearing on June 28, 1994, and recommends approval subject to conditions. Community Development Director Reichert explained the location of this property. Mr. Broman would like to divide this Into three lots. She noted that one of the lots is low, so it will require some special construction to put a home there. She noted that Mr. Broman expressed a concern about the condition to Install water and sewer to each lot at this time; however, that is a condition of the subdivision. His concern Is that he may not sell one of the lots; it may be sold In conjunction with one of the other lots. Director Reichert Informed him he could either delay final 9 platting for a year, or make it an outlot, and if it Is sold later, he could replat and install water and sewer to that lot at that time. The Planning Commission recommended approval, subject to nine conditions. John Broman Indicated that he had an appraisal done both before and after the construction of the street because he was told he wouldn't be liable for assessments that did not add value to the property. The street didn't add any value to the property unless he split the lots. His future Is uncertain, so he feels he must replat the lots now, so the property can be appraised and sold as separate properties without delay In the event of his relocation. He needs to rebuild the driveway before the final plat is approved and the final plat must be approved before he can get the existing house appraised. When the street was built, a stub was put in to access another development and he thought he could stub in to that. The City Engineer pointed out to him that because the pipe Is so large, he may have stale water. Therefore, he will have to dig up the street to put water In. If he wasn't forced to dig up the street now, and the development does occur, he could stub Into it and would be saved the expense. Also, he may sell one of the lots with the house, so It may never be split. Mr. Broman is asking the Council to delete the requirement to move the driveway and install water before the lot is actually sold separate from the house. The Public Works Director pointed out that the reason for this requirement Is that if the street has problems In the future, It Is easier to recover the cost of repairing the street from the developer. Mr. Broman Is willing to put a covenant on the new lots that the property owner is responsible for any damages to the street adjacent to their property that may occur as a result of the Installation of utilities and relocation of the driveway. In addition, one of the requirements is that an extra 30 feet of Lot 3 must be dedicated for future street right-of-way. However, in a recent Supreme Court decision, in a very similar situation, Mr. Broman explained that the court ruled that they could not take property without fair compensation. There isn't much value to the property, but he wanted the Council to be aware of It. City Attorney Sheldon explained that case, noting it was in conjunction with a building permit, not a plat. Mayor Egan asked whether the driveway condition could be made with the building permit rather than the plat. Public Works Director Colbert stated It would put the city in a very difficult position because if this is platted as two buildable lots, and someone comes in for a building permit, the city would have to Issue one, and would then become a third party between two property owners concerning the driveway. There Is a strong potential for dispute between two property owners, and It could and should be resolved at the time the lots are split. The same applies to the utilities. Colbert felt the City should protect future property owners by creating lots free of encumbrances. There may be some ways to do this In conjunction with the building permit, but then the city still becomes a party to the future of these lots. It could create problems based on false expectations. Community Development Director Reichert noted that Mr. Broman wants to get the value out of his property by splitting his lots, but he Isn't really creating a fully buildable lot If there Isn't a driveway or utilities to the property. She understands Mr. Broman's position, and that is why she proposed the two options. The City Is trying to accommodate his need for flexibility In the future. Mayor Egan asked whether these options would work for him. Mr. Broman responded that he needs to have the final plat and would be willing to put any covenants on this property the City feels Is necessary, but felt the outlot scenario wouldn't work either. Councilmember Awada stated that It is not a saleable lot without sewer and water. Mr. Broman responded that It would be if the condition were put on the building permit. It would reduce the value of the property, but would be less than what It would cost to tear up the street if It Isn't needed. Discussion followed concerning placing a condition on the building permit. Public Works Director Colbert noted that another solution would be to petition the city to install public utilities, and the city could then assess the property and spread the cost. He would then have a buildable lot. Community Development Director Reichert added that he could final plat in stages. Mr. Broman stated he doesn't think that will solve his problem. Councilmember Hunter stated that Mr. Broman wants the Council to approve the final plat with unbuildable lots, and he is not willing to do that. Councilmember Awada concurred. Councilmember Wachter stated he thinks the best approach is to have 10 C Ad two lots and Mr. Broman needs to decide whether he will sell the third lot or not. Hunter moved, Masin seconded a motion to approve the preliminary plat of Broman Addition, subject to the following conditions: 1) The standard conditions of plat approval Al, B1, B3, C1, C2, El, F1, G1 and H1, as adopted by Council action on February 3, 1993. 2) A water quality cash dedication. 3) A cash parks dedication and a cash trails dedication. 4) Individual tree preservation plans are required at the building permit time for Lots 1 and 3. 5) Architectural designs and construction methods for new construction within the development shall Incorporate sound attenuation standards sufficient to achieve an Interior sound level of 45 DBA. 6) A notice shall be recorded on each lot indicating that it is within Metropolitan Council Noise Zone IV. 7) The developer shall provide sanitary sewer and water services to proposed Lot 3. 8) The final plat shall dedicate the easterly 30 feet of Lot 3 as public street right-of-way. 9) The existing driveway that serves the existing house on Lot 2 shall be reconstructed to be located entirely on Lot 2. Aye: 5 Nay: 0 REZONING/PRELIMINARY PLAT/TRAILS END Mayor Egan introduced this item as a rezoning for Trails End/Thomas Murray, consisting of 5 acres from A (Agricultural) to R-1 (Single Family) located In the Northeast Quarter of Section 14 and a preliminary plat consisting of 5 acres and 12 single family lots on part of Lot 2, Wescott Garden Lots (PID #10-83700- 011-02) located in the Northeast Quarter of Section 14. Administrator Hedges noted that this was considered by the Advisory Planning Commission on June 28, and a public hearing was conducted. They recommend approval of the rezoning, and also the preliminary plat, subject to conditions. Community Development Director Reichert explained that this property is located south of Yankee Doodle Road, south of the Wescott Square Apartments. The plat is a cul-de-sac with 12 single family lots. The question arises as to how this overall area will develop. This is a rezoning to single family which Is consistent with the Comprehensive Plan. The Planning Commission did recommend approval with four conditions. Awada moved, Hunter seconded, a motion to approve the rezoning. Aye: 5 Nay: 0. Awada moved, Hunter seconded a motion to approve the preliminary plat, subject to the following conditions: 1) The developer shag complete with standard conditions of plat approval Al, B1, C1, C2, C3, C4, D1, E1, F1, Gi and H1, as adopted by Council action on February 2, 1993. 2) The developer shall be responsible for abandoning any existing wells and septic systems located on the site according to county requirements upon the completion of the extension of sanitary sewer and water main to the development and connection thereto. 11 0('214 1 3) The existing house on Lot 9 shall connect to City sanitary sewer and water service within two months after the completion of the extension of sanitary sewer and water main to the development. 4) The developer will be responsible for removing the existing gravel driveway along the south property line. Aye: 5 Nay: 0 REZONING/PRELIMINARY PLAT/VERDANT ACRES Mayor Egan introduced this item as a rezoning for Verdant Acres/John H. B. Martin and Assoc., of 4.9 acres from A (Agricultural) to R-1 (Single Family) on part of Lot 3, Wescott Garden Lots (PID #10-83700- 041-03) located in the Northeast Quarter of Section 14 and a preliminary plat consisting of 4.9 acres and 6 single family lots on part of Lot 3, Wescott Garden Lots (PID #10-83700-041-03) located In the Northeast Quarter of Section 14. Administrator Hedges stated that the Advisory Planning Commission conducted a public hearing on this at their June 28, 1994 meeting, and recommend approval of both the rezoning and preliminary plat. There are three conditions, one of which Is revised, and two that are new. Community Development Director Reichert Indicated that this is just south of the previous plat, noting that this Is some of the oldest area of Eagan. This is proposed to be developed in two phases. The first phase will be a temporary cul-de-sac for 6 lots. There are two existing homes on the property. One of the homes gets their electric service from the other, so one of the conditions Is that all of these lots be given their own electric service. They are asking that the water main be extended to the eastern property line, so that as the adjacent property develops, there will be utilities available. Public Works Director Colbert added that they are trying to bring across a 16 Inch trunk water main coming from both directions to interconnect them development by development. Community Development Director Reichert stated this rezoning Is consistent with the Comprehensive Plan, and the plat, with conditions, will meet all code requirements. They recommend approval. Roger Anderson, of Roger Anderson Associates, questioned whether the utilities should be extended at this time. The grades in that area are difficult from an engineering standpoint. There Is a cliff on the west end of the property that is very steep. It Is not the Greenes' intention to split the remaining property in the near future, and is requesting that the extension of utilities proceed logically. He just put a lot of money into private utilities. He understood that for any parcels larger than an acre, there Is no requirement that they Immediately connect to utilities. The remaining parcels will be substantially larger than an acre and have private utilities. A lot of grading will be required for the extension of the road. He feels there is another location that would be more logical for the extension of trunk water line. Public Works Director Colbert responded that he is concerned about not connecting water main through this property. Future development In the area will necessitate water main in the future. If the water main Is delayed, the families that build there will again be disturbed after they already gone through the installation of streets and utilities, and home construction. He feels the water main should be part of the first phase of this development. He also encourages the elimination of septic system. After some discussion concerning sewer service to the property, Hunter moved, Awada seconded a motion to approve the rezoning. Aye: 5 Nay: 0 Hunter moved, Awada seconded a motion to approve the rezoning of 4.9 acres from Agricultural to R-1 (single family) for John Martin & Associates. Aye: 5 Nay: 0 Hunter moved, Awada seconded a motion to approve the preliminary plat consisting of 6 single family lots on part on Lot 3. Wescott Garden Lots subject to the following: 12 ~ C le`T 1. The developer shall comply with standard conditions of plat approval Al, B1, B4, C1, C2, C3, C4, D1, El, F1, G1 and H1, as adopted by Council action on February 2, 1993: 2. The utility layout plan shall include sanitary sewer and watermain service stub and electrical service connections to the existing houses and the developer shall connect to electric services within two months after completion of the utility extensions. 3. This development shall extend the 16' trunk water main from Woodland Court to the west end of the cul-de-sac. 4. Vacation of the excess right-of-way for Trails End Road Is required prior to final plat approval. 5. A permanent utility and temporary construction easement Is required for future westerly extension of a 16' trunk water main to the westerly property line of the proposed development. 6. The developer shall comply with the City's standards for mitigation of significant woodland removal by planting 39 Category B trees, including one-half inch diameter deciduous trees or 6-foot conifer trees. 7. Separate electrical services shall be provided to each existing and future home. Aye: 5 Nay: 0 ADDITIONAL ITEMS There were no items to be addressed by the City Council under this section. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE Councilmember Hunter noted that the Dakota County League of Governments has staff available to help research Issues that may otherwise not be able to be done with current City staffing. ADMINISTRATIVE AGENDA There were no Items to be addressed by the City Council under this section. VISITORS TO BE HEARD There was no one in the audience who wished to address the City Council under this section. ROUND TABLE Community Development Director Reichert asked for clarification of dates for upcoming special City Council meetings. Hunter moved, Awada seconded a motion to schedule special City Council meetings for July 21, 1994 and August 2, 1994 at 5:00 p.m. Aye: 5 Nay: 0 Director Colbert commented that City employees took a great deal of pride In helping residents following the storm damage earlier In the day. He noted that the employees had gone an extra step In making sure everyone that needed help was getting it and wanted to thank all the departments involved for 13 021. their efforts In helping Eagan's residents. Mayor Egan commented that few people are prepared to handle such an emergency and he was pleased to see the manner in which City employees had handled it. Administrator Hedges reminded the Council that an executive session should be scheduled following the meeting. Wachter moved, Masin seconded a motion to schedule an executive session immediately following the Council meeting. Aye: 5 Nay 0 Counclimember Wachter asked staff for updates on several items he has questioned In the past Including 1) questions on massage parlors, 2) update from Gene VanOverbeke on Green Acres, 3) the possibility of the City selling their own bonds, 4) viability of using fiberglass signs, 5) questions regarding work boots that had been purchased, 6) possibility of having Eagan mail stamped with an 'Eagan' postmark rather than St. Paul postmark, 7) liability Issues within City parks and, 8) status of pledges for the Civic Arena. Administrator Hedges responded that he would have staff look Into these Issues and provide feedback to Councilmember Wachter. Mayor Egan stated he had received a letter from Commissioner Charles Williams of the Minnesota Pollution Control Agency who is looking for an Eagan representative to serve on a committee that will design and review the research activities to determine whether Koch's refinery poses a health risk to the neighboring community. The letter stated that this health risk assessment Is a term of Koch's permit with the MPCA. The meetings, Mayor Egan continued, will be held approximately once a month for about two hours with an anticipated time commitment of 12-18 months. Councilmembers Awada and Wachter indicated their interest in participating. Egan moved, Masin seconded a motion to appoint Councilmember Awada as a regular representative of the City of Eagan to the MPCA committee to design and review research activities to determine whether Koch's refinery poses a health risk to the neighboring community. Councilmember Wachter was appointed as an alternate and Administrator Hedges was empowered to appoint a staff alternate in the event a Councilmember could not attend. Aye: 5 Nay: 0 Mayor Egan added that James Roberts of Crate Prospects had approached all Councilmembers relative to the second access to his property during the Lexington/Lone Oak street improvement project. Although the Mayor empathized with Mr. Roberts, he didn't know what more the City could do relative to this Issue. It appeared that the access is an Issue between Mr. Roberts and the County. Councilmember Masin explained she had visited with Mr. Roberts and felt that his expectation of the City was for support only. Masin also noted that Mr. Roberts did express some concern with the amount of land that was taken for this project. Director Colbert clarified that no land had been taken; rather it was dedicated prior to Mr. Robert's ownership of the land. Councilmember Masin stated she had attended a conference on toll roads which she found very interesting and would share information with the Council. Masin also expressed some concerns for the families of the carnival operators who were set up for the July 4th celebration and who, during the recent storm, were not made aware of where they could go for protection. Councilmember Masin suggested designating an emergency location for groups that are in the City for a short period of time who may need to find a safe place during dangerous weather situations. Councilmember Hunter asked if Administrator Hedges had heard anything further from Minnesota Technologies as he had not been contacted by them. Hedges stated he had not heard anything recently and would follow up. 14 0 Ko CHECKUST Wachter moved, Egan seconded a motion to approve the checklist dated June 30,1994 in the amount of $1,971,990.99. Aye: 5 Nay: 0 ADJOURNMENT With no further business to conduct, the City Council meeting was adjourned to executive session at 10:30 p.m. DLP July 5, 1994 Date City Clerk ff you need these minutes In an alternative form such as large print, braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status or status with regard to public assistance. 15