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02/02/1993 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota February 2, 1993 A regular meeting of the Eagan City Council was held on Tuesday, February 2, 1993, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin, and Hunter. Also present were City Administrator Hedges, Acting Community Development Director Hohenstein, Director of Public Works Colbert, and City Attorney Sheldon. GE?tI3 Hunter moved, Awada seconded, a motion to approve the agenda for the February 2,1993, regular City Council meeting. Aye: 5 Nay: 0 Hunter moved, Awada seconded, a motion to approve the minutes of the January 19, 1993, regular City Council meeting as presented. Aye: 5 Nay: 0 Wachter moved, Awada seconded, a motion to approve the minutes of the January 12,1993, special City Council meeting as presented. Aye: 5 Nay: 0 N E 'A T E <HE I' B iI1IE There were no formal Department Head Business items. Councilmember Wachter asked whether it was possible to obtain the bids for Project 601 (intersection improvements at Lexington Avenue and Lone Oak Road) prior to considering approval of the project. He is concerned about the projected costs of $1.2 million and wants to proceed cautiously. City Administrator Hedges said it would require agreement from Dakota County as it is a County project and suggested the request be added to a letter already drafted to County Commissioner Battaglia regarding this project. A. Personnel Items Item 1. Seasonal Winter Maintenance Worker--It was recommended that the hiring of Raymond K. Pachuta as a seasonal winter maintenance employee be approved. Item 2. Resignation/Landscape Architect/Park Planner--It was recommended that the resignation of Stephen Sullivan, Landscape Architect/Park Planner be accepted and advertising and filling the position authorized. Item 3. Resignation/Deputy Chief of Police--It was recommended that the resignation of Kenneth Aszmann, Deputy Chief of Police, be accepted. Item 4. Resignation/Operations Lieutenant--It was recommended that the resignation of Jerry Meszaros, Operations Lieutenant, be accepted. Item 5. Reorganization/Police Administration--It was recommended that the proposed reorganization within the Police Department be approved and staff authorized to proceed with the reorganization. Page 2/EAGAN CITY COUNCIL MINUTES February 2, 1993 Item 6. ADA Evaluation of Programs and Activities--It was recommended that the self-evaluation of programs and activities be approved as required by the Americans with Disabilities Act. B. Plumbers Licenses It was recommended that the plumbers licenses be approved as presented (Exhibit A). C. License. Temporary Beer/West Publishing Employee's Club It was recommended that a non-intoxicating malt liquor license for the West Publishing Employee's Club be approved for a social event to be held on February 6, 1993, at the West Building at 610 Opperman Drive. D. Proclamation. Volunteers of America Week. March 7-14. 1993 It was recommended that the week of March 7-14, 1993, be proclaimed as Volunteers of America Week in the City of Eagan. R-93.5 E. Approve Update of Standard Conditions of Plat Approval It was recommended that modifications be approved and the Standard Conditions of Plat Approval adopted. F. Proiect 624. Receive Report/Order Public Hearing (Dodd Road & 494 - Signalization & Intersection Capacity Improvements It was recommended that the feasibility report for Project 624 (Dodd Road & 494 - Signalization & Intersection Capacity Improvements) be received and a public hearing scheduled for March 2, 1993. G. Resignation. Advisory Parks. Recreation & Natural Resources Commission Member It was recommended that the resignation of Jack Johnson, Chair of the Advisory Parks, Recreation & Natural Resources Commission be accepted. H. Request for Authorization to Award Contract for Pond BP-4. Maintenance /Modification It was recommended that the awarding of the contract for Pond BP-4 maintenance/modification be authorized. 1. Forestry Budget Transfers. Parks and Recreation Department. Oak Wilt Program It was recommended that the funds to support an Oak Wilt suppression program not be transferred from the current forestry department operations budget. J. Contract 92-09. Approve Change Order #2 (Great Oaks & Woodlands North 2nd Addition - Streets & Utilities) It was recommended that Change Order #2 to Contract 92-09 (Great Oaks & Woodlands North 2nd Addition) be approved and the Mayor and City Clerk authorized to execute all related documents. U Page 3/EAGAN CITY COUNCIL MINUTES February 2, 1993 K. Vacate Drainage & Utility Easement. Receive Petition/Order Public Hearing (Lots 5 & 6. Block 1. and Lots 4 & 5. Block 3. St. Francis Woods 4th Addition It was recommended that the petition to vacate four, side-lot drainage and utility easements, Lots 5 & 6, Block 1, and Lots 4 and 5, Block 3, St. Francis Woods 4th Addition, be approved and a public hearing scheduled to be held March 2, 1993. Wachter moved, Masin seconded, a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 YMCA/CITY OF EAGAN/EXCHANGE OF SERVICES Mayor Egan introduced this item as an exchange of services, YMCA and City of Eagan. City Administrator Hedges provided background on the item and Director of Parks & Recreation Vraa reviewed the services proposed by the YMCA to be exchanged for reductions in trailway dedication fees. Mr. Vraa suggested that if the Council had other areas of interest, staff could take them back to the Y and continue discussions. Councilmember Awada asked if there were areas of exchange the City could work with especially when many services would be available from the Y to the City anyway. Director of Parks & Recreation Vraa said that while it is recognized the Y will not be available to the City during peak program and demand times and possibilities exist with the AOA (Active Older Adults), swimming pool, and ballfields, staff feels the greatest potential is with the Youths at Risk program. Discussion then turned to the time frame in which the City will receive these services. Five years was considered; however, three years was determined to be a more reasonable limit with the three years to begin with today's date. Mayor Egan suggested it could be extended if the City Council decides it is necessary. Councilmember Hunter said he did not believe it appropriate to give a deferment for the payment of City dedication fees to a private developer and indicated he could not support the proposal. He further suggested that fees be paid now with the City possibly leasing services from the YMCA in the future. Masin moved, Wachter seconded, a motion to conceptually agree to an exchange of services between the City and the YMCA with a deadline of three years from February 2, 1993, and if not accomplished within that time frame, the City will move to document and recoup any outstanding costs. Aye: 4 Nay: 1 (Hunter) DART TRANSIT/ACCESS DRIVE PERMIT Mayor Egan introduced this item as MnDOT permit for Dart Transit access drive. City Administrator Hedges advised that staff had taken the question of the access drive as far as they could but policy direction was now needed from the City Council. Acting Director of Community Development Hohenstein described the location of the property and provided background on the issues. Gar Hoerschgen of Dart Transit indicated that Dart will pay for the construction and maintenance of the access road which will be constructed to City standards. City Attorney Sheldon indicated that an agreement allowing for public bid and construction of the cul de sac, its assessment and private maintenance could be developed. Councilmember Wachter said he would prefer that access to the facility remain on private property; however, Mr. Hoerschgen stated that Dart does not wish to tie their two facilities together. He said they are separate businesses with separate ownership and they wish to maintain separate accesses. CIO Page 4/EAGAN CITY COUNCIL MINUTES February 2, 1993 When asked whether Gary Stark of Stark's Saloon had any objections to the access layout, Mr. Hoerschgen said that Mr. Stark had been apprised of the meeting, by both him and Mr. Hohenstein, and assumed by his absence that he was in agreement. Acting Director of Community Development Hohenstein informed the Council that Mr. Stark had previously expressed an unspecified concern about construction of the access drive as a cul de sac and had requested that any drive be situated as far from his parking lot as possible. Councilmember Wachter questioned the necessity of constructing the drive as a cul de sac if Dart were going to maintain it. Director of Public Works Colbert said a cul de sac would meet the community standard and would allow for turn around if the entrance to the Dart property were closed or gated. Councilmember Wachter suggested that because the road will go through a stand of trees, that Dart Transit replace them with additional landscaping. Mr. Hoerschgen indicated they would be amenable to that condition. After further discussion, Awada moved, Hunter seconded, a motion to approve submission of a MnDOT permit application for a Dart Transit facility access road as presented in Plan B (Exhibit B) with an additional agreement condition related to replacing those trees lost in construction with suitable landscaping. Aye: 5 Nay: 0 NORTHEAST EAGAN TIF PLAN AMENDMENT Mayor Egan introduced this item as a resolution for an amendment to Tax Increment Financing District #2 (Northeast Eagan), Tax Increment Financing Plan. While the amendment involves deleting language from the Original Plan, the Council was assured it will not place the City at financial risk to do so. After brief discussion, Masin moved, Hunter seconded, a motion to approve a resolution approving modification #1 to the tax increment financing plan for northeast Eagan Development District #2 as presented. Aye: 5 Nay: 0 R-93.6 CONDITIONAL USE PERMIT/VETERINARY CLINIC Mayor Egan introduced this item as a conditional use permit for Gerald Ohlund, to allow a veterinary clinic in a CSC (Community Shopping Center) District on Lot 1, Block 1, Eagan Center 1st Addition, located along the east side of Lexington Avenue, south of Diffley Road in the NW 1/4 of Section 26. Wachter moved, Hunter seconded, a motion to approve a conditional use permit for Gerald Ohlund, to allow a veterinary clinic in a CSC (Community Shopping Center) District on Lot 1, Block 1, Eagan Center 1st Addition, located along the east side of Lexington Avenue, south of Diffley Road in the NW 1/4 of Section 26 and subject to the following conditions: 1. No boarding of animals other than those demanding medical treatment. 2. This conditional use permit shall be recorded with Dakota County within 60 days of approval. 3. All other applicable City Codes and requirements. Aye: 5 Nay: 0 Page 5/EAGAN CITY COUNCIL MINUTES February 2, 1993 CITY CODE AMENDMENT/LANDSCAPE ORDINANCE Mayor Egan introduced this item as a landscape ordinance for the City of Eagan, amendment to Chapter 11 of the City Code pertaining to landscape regulations. He stated that the landscape ordinance is important public policy that has undergone review by City staff and the City Council for some time. He further stated that the ordinance would enhance and insure reforestation and protect the City's environmental goals. City Councilmember Hunter asked whether the City Council could deny a plat if it did not comply with the scope of tree preservation guidelines. City Attorney Sheldon noted that any requirements have to have a reasonable relationship to the development of the property and cannot be unreasonable, arbitrary or capricious. The Councilmember said he just wanted to be certain that the City could require that developments replace trees with trees of equal value. The City Attorney added that as long as a requirement to replace the trees is reasonsonable and is applied fairly and consistently, the Council could have that authority. Acting Director of Community Development Hohenstein stated that draft tree preservation guidelines will be forthcoming in March for City Council review and consideration. City Councilmember Wachter expressed his appreciation for the ordinance stating that he has been a longtime advocate of this type of policy. Wachter moved, Hunter seconded, a motion to approve an ordinance amendment to Chapter 11 of the Eagan City Code pertaining to landscape regulations. Aye: 5 Nay: 0 CITY CODE AMENDMENT/SHORELAND ORDINANCE Mayor Egan introduced this item as a shoreland ordinance for the City of Eagan, amending Chapter 11 of the City Code pertaining to shoreland zoning regulations (request to continue to February 16, 1993). Wachter moved, Hunter seconded, a motion to continue consideration of the Shoreland Zoning ordinance to the February 16, 1993, City Council meeting. Aye: 5 Nay: 0 COLLECTOR STREET WIDTHS CEDAR GROVE STREET RECONSTRUCTION Mayor Egan introduced this item as Project 617R, discuss collector street widths (Cedar Grove street reconstruction). It should be noted that a petition had been received from residents located east of Rahn Road to keep Carnelian Lane at its present width as well as a petition from residents on Turquoise Trail to keep Turquoise at its present width. After discussion, Hunter moved, Wachter seconded, a motion to designate existing widths as the design width for Carnelian Lane, both east and west of Rahn Road, and Turquoise Trail for Project 617R (Cedar Grove street reconstruction). Aye: 5 Nay: 0 R-S Mayor Egan introduced this item as a resolution, Dakota County Economic Development Partnership, 1993 Membership. C o ; Page 6/EAGAN CITY COUNCIL MINUTES February 2, 1993 Concerns were immediately expressed about the intent of the partnership and what the City could expect in return for its investment. After discussion, it was recommended that membership in the partnership be referred to the Economic Development Commission for study. Wachter moved, Hunter seconded, a motion to refer consideration of a resolution committing the City to membership in the Dakota County Economic Development Partnership to the City's Economic Development Commission for their review and recommendation to the City Council at the March 2,1993, regular City Council meeting. Aye: 5 Nay: 0 MLC CONSTITUTIONAL AMENDMENT PROPOSED Mayor Egan introduced this item as direction regarding the Municipal Legislative Commission's Constitutional Amendment proposal. City Administrator Hedges provided an explanation of the item and a brief overview of its history. Mayor Egan noted that the vote at a recent MLC meeting had been unanimous in its support; however, in the past there were concerns that if voters denied the amendment, it might be interpreted as a "negative" mandate. Councilmember Awada expressed her concerns about the gravity of a constitutional amendment and whether conditions might change in the future making the amendment less desirable. It was noted that, practically speaking, the only way to make this change in the distribution of sales tax revenue is through a constitutional amendment. LEXINGTON/DIFFLEY ATHLETIC FIELD SITE Mayor Egan introduced this item as issues relating to the Lexington/Diffley Athletic field site. City Administrator Hedges provided background regarding the use of excavated materials and a proposal to use a portion of the athletic field site as a golf driving range. Director of Parks and Recreation Vraa advised of the possibility of the golf driving range remaining on site even as long as 1996; however, indicated that anything beyond that date would be questionable. Councilmember Wachter said he would like to see the range find a more permanent location and asked what would happen if the City suddenly found it needed the space. The applicants, Rick Kuchera and Ryan Helgeson, said such an occurrence would be provided for in an agreement and added that they had no visions of being on the athletic site beyond 1996. The Council directed staff to continue to work with Messrs. Kuchera and Helgeson regarding a lease agreement for the use of the Lexington/Diffley Athletic Field site as a golf driving range. There was brief discussion regarding requests received each year to plow the City's trails and sidewalks for winter use. Because of continuing liability concerns, there was no support for changing the City's present policy. Councilmember Awada noted she was not only concerned about the liability but the expense of maintaining the trailway/sidewalk system during the winter. She said the City has to draw the line somewhere. COUNCIL/STAFF RETREAT March 11 and 12, 1993, were chosen for the City Council/staff retreat. Page 7/EAGAN CITY COUNCIL MINUTES February 2, 1993 PUBLIC WORKS COMMITTEE MEETING Egan moved, Awada seconded, a motion to authorize the Public Works Committee to meet at their convenience with the City's County representatives in an attempt to resolve issues relating to Project 601, Lexington/Lone Oak Road intersection improvements. Aye: 5 Nay: 0 CHECKLIST Wachter moved, Egan seconded, a motion to approve the checklist dated January 29, 1993, in the amount of $417,149.90 and the checklist dated February 1, 1993, in the amount of $133,593.56. Aye: 5 Nay: 0 The regular meeting of the Eagan City Council was adjourned at approximately 9:10 p.m. KF CITY OF EAGAN kj"Q~- E. Overbeke 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). EXHIBIT B ,N\ DART I F"FOtfC `WI.DWb , 1 Z % ALTERNATE *3B CITY STANDARD DESIGN WITH CUL-DE-SAC