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10/19/1993 - City Council Regular 0(1353 MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota October 19, 1993 A regular meeting of the Eagan City Council was held on Tuesday, October 19, 1993 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. City Administrator Hedges stated that if time permitted, the City Council could discuss an item from the Administrative Agenda regarding building materials for Blockbuster Video after the Consent Agenda. Hunter moved, Masin seconded, a motion to approve the agenda for the October 19, 1993, regular City Council agenda as presented. Aye: 5 Nay: 0 MEMO The following changes/corrections were recommended to the minutes of the October 5, 1993, regular meeting: Councilmember Awada recommended the following correction: Page 7, Last Sentence, Change to read: "Councilmember Awada agreed saying it may be possible for the deferred portion of the assessment to be assessed at tedayzsrate the rate in effect at that time." Mayor Egan recommended the following addition: Page 11, Paragraph 8, First Sentence, after the word, "park," ADD the following, "and a second church in an area zoned commercial." Councilmember Hunter recommended the following addition: Page 12, Last Paragraph, after the first sentence, ADD the following sentence: "Councilmember Hunter stated that a mission statement was indeed adopted while he was a member of the Commission several years ago, but he agreed that it should be revisited." Wachter moved, Hunter seconded, a motion to approve the minutes of the October 5, 1993, regular City Council minutes as amended. Aye: 5 Nay. 0 Councilmember Masin recommended the following correction to the minutes of the September 29,1993, special City Council meeting. Page 3, Paragraph 3, First Sentence, after "David Szott," make the following change: "John Rudolph, sad Ted Billy, and Steve Thompson." Awada moved, Wachter seconded, a motion to approve the minutes of the September 29, 1993, special City Council meeting as amended. Aye: 5 Nay: 0 Page 2/EAGAN CITY COUNCIL MINUTES October 19, 1993 POLICE DEPARTMENT/DISPOSITION OF PROPERTY Mayor Egan introduced this item as the Police Department request for disposition of property/theft case. City Administrator Hedges stated that Jim Sewald would be representing Chief Pat Geagan in his absence. Mr. Hedges briefly explained the case and the excellent investigative performance of the Eagan Police Department. He also clarified the action requested and noted that the proceeds of the sale would be used in paying restitution to the victims of this case. Councilmember Wachter asked the significance of granting a waiver to the three week public notice requirement. City Attorney Sheldon stated that the issue had been discussed with the Police Department and the waiver relates to the notification process for those who have lost or had merchandise stolen. Because the Department has tried unsuccessfully to return the property for almost a year, Mr. Sheldon said it was his understanding that the waiver would permit adequate advertising and thereby maximize the return on the sale. Awada moved, Masin seconded, a motion to approve the sale of computer and office equipment by a public sale to be conducted by Jeff Hall and Bonnie Jones in exchange for 25% of the proceeds. Aye: 5 Nay: 0 Masin moved, Awada seconded, a motion to approve the sale of a 1991 Chevrolet Suburban seized in a theft case, at public auction to the highest bidder. Aye: 5 Nay. 0 Jeff Johnson, one of the investigators on the theft case, explained that the Police Department is asking permission to negotiate the sale of the 1993 Chevrolet Corvette for the highest sales price because of its high value. Officer Johnson said a better price can be gained by selling it outright rather than at public auction. The Blue Book price for the Corvette is listed, depending upon equipment and condition, from $26,100 - $32,775 and although two bids have already been received, the officer noted that both have been below the loan value of the car. Wachter moved, Awada seconded, a motion to approve the sale of a 1993 Chevrolet Corvette seized in a theft case, through negotiations for the highest sales price. Aye: 5 Nay: 0 FINANCE DEPARTMENT/SUSPENSION TOBACCO LICENSE Mayor Egan introduced this item as a Finance Department item, suspension tobacco license, Cedar Cliff Amoco. Officer Sewald said the Police Department's only concern was the on-site storage of tobacco products during the suspension period. Mayor Egan noted that Paragraph 2 of the agreement provides for on-site inspections by the Police Department which should provide adequate protection for the City. Awada moved, Wachter seconded, a motion to approve an agreement between the City of Eagan and Robert Schlangen of Cedar Cliff Amoco regarding a suspension of the Cedar Cliff Amoco tobacco license as presented. Aye: 5 Nay: 0 Councilmember Wachter took this opportunity to commend the Rainbow Foods' corporate decision to sell only cartons of cigarettes from locked cases in all their stores. R-93.76 Page 3/EAGAN CITY COUNCIL MINUTES October 19, 1993 PCONM Councilmember Wachter expressed his dissatisfaction with the amount of money the Metropolitan Airports Commission is planning to invest in the existing airport between now and the year 2000. The Councilmember stated that if the MAC intends to spend that kind of money on the existing facility, then they should not keep looking at a new airport. Assistant to the City Administrator Hohenstein agreed that while the numbers are very large, these amounts are necessary to keep the airport running at an appropriate level and are not unlike expenditures of past years. In addition, he noted that the Airport Relations Commission does not feel there is enough information as yet to change the City's position regarding a new airport site and still urges the City to maintain its neutral status. Mayor Egan also stated that the AMM believes it is in its best interests to remain neutral on the issue and continues to recommend that the MAC look at both options. Councilmember Wachter said he accepted that, however, the money being spent is preposterous. Mayor Egan said he had to agree, especially on the expenditure for a people mover at the existing airport and wondered whether the MAC couldn't delay that investment until after a decision is made. Discussion then turned to the new Holiday Inn Express and the colors intended for its exterior treatment. Emmett Erpelding, representing New Ulm Enterprises, was present to provide color samples and answer questions. A. Personnel Items Item 1. It was recommended that the following candidates be hired effective on the following dates: Deanna Duncan-Parduhn, November 1, 1993; David Bork, November 3,1993; Steven Bolluyt, November 17,1993; Claire Wagner, December 1, 1993; and Michael Fineran, December 6, 1993. B. Licenses. Plumbers It was recommended that Plumbers Licenses be approved for: 1) NS/I Plumbing Inc., 2) Wm F. Ridler Plumbing & Heating, 3) Robillard Plumbing, and 4) Ryan Plumbing. C. 1993 General Fund Budget Adjustments It was recommended that the adjustments to the 1993 general fund budget be approved. D. Implementation Grant Application for Schwanz Lake Water Quality Improvement Project It was recommended that the resolution identifying a project representative and authorizing a phase 2 clean water partnership application be approved for submittal to the Minnesota Pollution Control Agency. E. License. Tree Maintenance Contractor R-93.77 It was recommended that the tree maintenance contractor license for Thomas Holberg be approved as presented. F. Resolution. Unfunded Mandates Day, October 27. 1993 It was recommended that the resolution be approved for Unfunded Mandated Day on October 27,1993. G. Extension to Record Final Plat. Whispering Woods Ninth Addition R-93. 78 It was recommended that a 60-day extension be approved for recording the Whispering Woods 9th Addition. Page 4/EAGAN CITY COUNCIL MINUTES October 19, 1993 H. Project. Agreement with Dakota County for Preliminary Engineering and R' t-of-Way Acquisition (Yankee Doodle Road - County Road 28) It was recommended that the preliminary engineering and right-of-way acquisition agreement with Dakota County for Project 638 (Yankee Doodle Road) be approved and the Mayor and City Clerk authorized to execute all related documents. 1. Contract 92-13. Authorize Final Payment/City Maintenance (Aldrin Drive & Carlson Lake - Streets & Utilities) It was recommended that the 4th and final payment to Ryan Contracting be approved in the amount of $11,698.27 for Contract 92-13 (Aldrin Drive and Carlson Lake - Streets & Utilities) and City maintenance authorized subject to all related warranty provisions. J. Recommendation. Airport Relations Committee. MAC 1993-2000 Capital Improvements Proms It was recommended that the recommendation of the Airport Relations Committee be approved relative to comments concerning the MAC 1994-2000 capital improvements program as presented. K. Final Plat. The Woodlands Fourth Addition It was recommended that the final plat for The Woodlands Fourth Addition be approved. R-93.79 L. Agreement. 1994 South Metro Drug Task Force Joint Powers It was recommended that the 1994 Joint Powers Agreement for the South Metro Drug Task Force be approved as presented. M. Rat Planned Development Agreement. Rahncliff 3rd Addition (Holida IExpress) It was recommended that the Planned Development Agreement for Rahncliff 3rd Addition (Holiday Inn Express) be ratified. Hunter moved, Awada seconded, a motion to approve the Consent Agenda with the exception of Item J. Aye: 5 Nay: 0 Item J, Recommendation, Airport Relations Committee, MAC 1993-2000 Capital Improvements Program. Aye: 4 Nay. 0 Abstain: 1 (Wachter) CLARIFICATION OF BRICK DESIGNATION/BLOCKBUSTER VIDEO Mayor Egan introduced this item as clarification for designation of brick as a construction material. City Administrator Hedges said that an on-site visit to the Blockbuster Video project had revealed that the exterior of the building is a prefab panel with an inlaid brick that is approximately one-third the width of a standard brick. The use of this material has raised a question as to whether this product meets the intent of the City Council. After the materials were brought to Staffs attention, Mr. Hedges said the builder was notified that any further construction was at his own risk. Councilmember Wachter indicated that he had looked at the site and the brick panel is remarkably strong but is not the brick he expected. The Councilmember also added that the material does not meet his Page 5/EAGAN CITY COUNCIL MINUTES October 19, 1993 Webster's Dictionary definition of 'brick.' He said it is probably a matter of interpretation and noted this as a loophole because "full" brick is not distinguished in the ordinance. Director of Community Development Reichert advised that when discussion was held with Holiday Inn Express regarding building materials, it was clear that the intent was masonry brick. She went on to add that masonry brick is durable, maintenance free, and aesthetically pleasing, however, the product in question, while durable, looks different and is not as aesthetically pleasing as masonry brick. Peter Hilger, of Rosewood Construction indicated that they have been using the prefab material since 1982. He said it is the same as a masonry wall and they have not had any problems. Mr. Hilger pointed out that the Target Store on Cliff Lake Road is constructed of an identical material. He stated that he thought the material met the definition of brick and while there is imitation brick, this is not an imitation. Mr. Hilger further stated that it was not their intent to surprise and noted the material and its manufacturing information was included with the Blockbuster drawings. In closing, Mr. Hilger noted that the panel manufacturer is an Eagan resident. After additional discussion as to the materials and whether the ordinance should be clarified, Councilmember Wachter recommended that the materials be accepted as is. The rest of the Council agreed. PROJECT 635/LAKEVIEW TRAILS ADDITION & DODD ROAD Mayor Egan introduced this item as Project 635, Final Assessment Hearing, Lakeview Trails Addition & Dodd Road - trunk watermain only. Director of Public Works Colbert provided a brief background of the project and its associated assessments. He stated that a meeting had been held on October 11 with the Dodd Road residents and the residents had not changed their position as a result of the meeting. Mr. Colbert advised the Council that the residents still feel the trunk water assessment is too high and should be cut in half with half paid now and the remainder absorbed by the City. Mr. Colbert explained the assessment options discussed with the residents and noted that Option #5 was the preference of the residents. In closing, he said today was the last day the assessment could be certified to the County and included for collection beginning with 1994's taxes. Two residents were present and reiterated their preference for Option #5. Councilmember Hunter noted that the City has deferred assessments at times in the past and stated that postponement in this case would meet the intent of that practice because there are no additional costs to the homeowner until the property is either improved or hooked up to utilities. To cut the assessment in half and then eliminate the City's ability to collect the remainder when the property is improved has not been done in the past and would be poor precedent. Councilmember Wachter agreed that he could not see deviating from policy and contrary to what the residents had said, there is some fire protection value to having water in the street. Mayor Egan also addressed the subject of fire protection when he recalled that Mrs. Buchan had stated it is not the hydrant that affects fire insurance rates but proximity to the station. Mayor Egan noted that the fire station near their homes had to maintain a tanker truck because of areas where there is no City water supply. He said that in effect, the Dodd Road neighborhood was being subsidized by the rest of the City. But regardless of that situation, the Mayor stated that to eliminate 50% of these assessments would set a precedent even though the residents believe their situation is unique. He said the logical and fair action would be to assess 50% now and postpone the remaining 50% until the benefit is received. Therefore, if the residents never hook up, the cost would never be incurred. Because postponement is a compromise, he said it would have to be by agreement and recommended that the interest rate be at 4% or the prevailing rate at the time of hook-up, whichever is lower. Director of Public Works Colbert stated that because the residents have 30 days to pay their assessments without incurring interest, he recommended that the same 30 day time frame apply to executing an agreement. The Council agreed. (10 , Page 6/EAGAN CITY COUNCIL MINUTES October 19, 1993 Mayor Egan addressed the residents in the audience and advised them that they have the right to appeal this decision. He said the City was trying to be fair in offering the deferment, however, he doubted such an opportunity would be available in another city. In closing, the Mayor reminded them that if the residents didn't pay the assessments, someone else would have to. Hunter moved, Awada seconded, a motion to close the public hearing and approve the final trunk water assessment roll for Project 635 (Lakeview Trail Addition - Dodd Road Watermain). However, the Council did offer a compromise to the residents which provides: 1) 50% of the assessment will be postponed until connection to the utility or the sale of the property and 2) the postponement will be at 4% interest or the prevailing trunk water rate at the time of connection or sale. An agreement to this effect must be executed within 30 days. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING (WENZEL ADDITION) Mayor Egan introduced this item as Project 641, Final Assessment Hearing, Wenzel Addition - Streets & Utilities. Director of Public Works Colbert explained the project and its location. Mr. Colbert said that all notices had been sent to the affected property owners and published in the legal newspaper. To date, no objections have been received. There was no one in the audience to address this issue. Wachter moved, Awada seconded, a motion to close the public hearing and approve the final assessment roll for Project 641, Final Assessment Hearing (Wenzel Addition - streets & utilities) and authorize its certification to Dakota County. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING (ALDRIN DRIVE) Mayor Egan introduced this item as Project 639, Final Assessment Hearing, Aldrin Drive - Streets & Utilities. Director of Public Works Colbert reviewed the project and its location. Mr. Colbert explained that the final assessment rates exceeded the feasibility report estimate due to the inadvertent omission of Change Order costs associated with Contract 91-06 (Eagandale Industrial Park Overlay). He said those costs had been incurred in anticipation of the project. In addition, Mr. Colbert said that staff had met with representatives of Opus, Alscor, and Northwestern Mutual Life, and the assessment roll was revised to reflect assessments levied against two adjacent parcels. Mark Anderson, representing Opus, Alscor, and Northwestern Mutual Life, said assessment notices had been received and the companies he represents are in agreement with the revised roll. All notices were sent to the affected property owners and published in the legal newspaper. Awada moved, Wachter seconded, a motion to dose the public hearing and approve the amended final assessment roll for Project 639 (Aldrin Drive - streets & utilities) and authorize its certification to Dakota County. Aye: 5 Nay. 0 FINAL ASSESSMENT HEARING (CEDAR GROVE STH ADDITION) Mayor Egan introduced this item as Project 654, Final Assessment Hearing, Cedar Grove #5 - Streetlights). Director of Public Works Colbert provided an explanation of the project and its associated costs. Mr. Colbert advised that this project involved 199 parcels but no objections had been received. There was no one in the audience to address this issue. Wachter moved, Hunter seconded, a motion to close the public hearing and approve the final assessment roll for Project 654 (Cedar Grove 5th Addition - streetlights) and authorize its certification to Dakota County. Aye: 5 Nay: 0 OC253 Page 7/EAGAN CITY COUNCIL MINUTES October 19, 1993 FINAL ASSESSMENT HEARING (CEDAR GROVE #6 & #9 ADDITIONS) Mayor Egan introduced this item as Project 651, Final Assessment Hearing, Cedar Grove #6 & #9 - Streetlights). Director of Public Works Colbert provided an explanation of the project and its associated costs, noting that the final costs were less than estimated. Mr. Colbert said the project involved 170 parcels and no objections had been received. There was no one in the audience to address this issue. Hunter moved, Masin seconded, a motion to close the public hearing and approve the final assessment roll for Project 651 (Cedar Grove 6th and 9th Additions - Streetlights) and authorize its certification to Dakota County. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING (CLIFF ROAD & RAHNCLIFF ROAD) Mayor Egan introduced this item as Project 609, Final Assessment Hearing, Cliff Road & Rahncliff Road - Streets & Utilities). Director of Public Works Colbert explained the project and its location. Mr. Colbert advised the Council that a neighborhood meeting had been held and objections received from Dakota County State Bank, the property owner of the radio station, and the property owners of the office park at Scott Trail and Cliff Road. Mr. Colbert summarized the objections by saying the Bank has objected because of the methodology used to set the assessments; the radio station because the property is a vacant lot containing radio antennas and, they believe, it is the highest and best use of the property, and the office building because left turn restrictions do not give the property full access. Mr. Colbert said no other objections had been received. Two persons in the audience indicated they were present for this item. Ronald Kazdia, representing the radio station, stated that the radio station has objected to the project since its inception. He said it. would provide no enhancement or benefit to the property and utilities would never be hooked up because there are only antennas on the property. Mr. Kazdia said the street was fine before any changes and, after his clients saw the location of the utilities, they are even more convinced they will not be used. Mayor Egan asked Director of Public Works Colbert whether there was any determination of a long term use for the radio station property or whether the radio station would continue in its present location. Mr. Colbert said he was unable to respond to the question other than the property is presently vacant with the exception of the towers. Mr. Kazdia stated that the radio station has a good signal where it is located and the towers protect their radio signal pattern. He said one does not just move a radio station and added that it's difficult to find land to put towers on. Mayor Egan asked the City Attorney whether the City has the ability to discriminate as to this particular property owner and to either delete the assessments or certify them with an abatement sometime in the future, without some type of judicial decision. Mr. Sheldon said the City Council is obligated to treat similar classes of property similarly and the determination of similar classes is generally left to the Council. He said there is another provision in the law whereby the City Attorney can, if it is determined that an error has been made, bring the matter back to the City Council to rectify the situation. Mr. Sheldon indicated it is likely the radio station property has been delineated based on its zoning rather than its unique characteristics. Councilmember Hunter asked what kind of latitude the court has granted in defining "similar." Mr. Sheldon said the court has allowed latitude so long as the classification of property is not unreasonable, arbitrary or capricious. He added that if there is a reasonable basis for the classes of property, then the determination of "similar" would be upheld. Councilmember Wachter asked Mr. Kazdia how long the station has been in its present location and Mr. Kazdia said since about 1959 or 1960. After the hearing was closed to public testimony, Councilmember Hunter indicated the court would likely rule that four radio towers are dissimilar from the other properties along Cliff Road. The Mayor also noted that the useful life expectancy of the watermain is not more than 30 or 40 years and it is likely the towers or something similar will occupy the property for that entire period of time. He didn't see much possibility of (1! Page 8/EAGAN CITY COUNCIL MINUTES October 19, 1993 a hook-up to utilities on the property. Councilmember Wachter suggested that if the land use changes in the future that it be assessed at that time. Councilmember Awada asked that the staff and City Attorney Sheldon prepare recommendations for the Council regarding the radio station property. Awada moved, Wachter seconded, a motion to close the public hearing and approve the final assessment roll for Project 609, Cliff Road and Rahncliff Road - streets and utilities) and authorize its certification to Dakota County. Aye: 5 Nay. 0 VACATION (LOTS 23 & 24, BLOCK 1, LAKEVIEW TRAIL ADDITION) Mayor Egan introduced this item as vacate drainage & utility easement, Lots 23 & 24, Block 1, Lakeview Trail Addition. Director of Public Works Colbert explained the vacation and its location. Mr. Colbert said that all notices had been sent to the affected property owners and published in the legal newspaper. He said no objections had been received. There was no one in the audience who wished to address this item. Awada moved, Wachter seconded, a motion to close the public hearing and approve the vacation of drainage and utility easements for Lots 23 & 24, Block 1, Lakeview Trail Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 VACATE DRAINAGE & UTILITY EASEMENT/RAHNCLIFF 3RD ADDITION Mayor Egan introduced this item.as vacate drainage & utility easement, Lot 2, Block 2, Rahndiff 3rd Addition. Director of Public Works Colbert explained that the vacation would accommodate the new Holiday Inn Express. He said that once the existing watermain is relocated, the easement could be vacated. Mr. Colbert noted that if this item is approved, staff recommends three conditions. Mayor Egan asked about a "conditional" vacation and Mr. Colbert advised that the approval with conditions would allow the project to move forward. He said the applicant was in agreement with the conditions. Wachter moved, Masin seconded, a motion to close the public hearing and approve the vacation of a public easement as described over Lot 2, Block 2, Rahndiff 3rd Addition subject to the following conditions and the Mayor and City Clerk authorized to execute all related documents: 1. Relocation of the existing watermain under the terms and conditions of an executed construction agreement. 2. The conveyance of an acceptable replacement easement with all required recording documents. 3. Execution of an Escrow Agreement. Aye: 5 Nay: 0 VACATE PUBLIC RIGHT-OF-WAY/BIRCH STREET & TRAILS END ROAD Mayor Egan introduced this item as vacate public right-of-way, Birch Street & Trails End Road. Director of Public Works Colbert explained the vacation and its location. There was no one in the audience to address this item. Hunter moved, Wachter seconded, a motion to close the public hearing and approve the vacation of portions of Birch Street and Trails End Road as described and authorize the Mayor and City Clerk to execute all related documents with a condition that the vacation be recorded concurrently with the final plat of the Woodlands 4th Addition. Aye: 5 Nay: 0 00 & Page 9/EAGAN CITY COUNCIL MINUTES October 19, 1993 1 Flo, PROPOSED ORDINANCE AMENDMENT/SPLATBALL INDOOR Mayor Egan introduced this item as a proposed ordinance amendment, Chapter 10, Sec 10.10, Dangerous Weapons & Articles (Splatball Indoor). City Administrator Hedges provided a brief history of the item and noted that the proposed ordinance amendments will be to two chapters of the City Code: Chapter 10 dealing with an exemption of the paint ball air guns from the dangerous weapons discharge requirements and Chapter 6 dealing with licensing requirements. Mr. Hedges said information relative to the activity had been received from the Paintball Association as provided by the applicant. In addition, Mayor Egan suggested that while separate action would be taken on each issue, that discussion of the ordinance amendments and Splatball Indoor's Conditional Use Permit application be combined. He said the City Council may wish to decide whether to approve the Conditional Use Permit before deciding to amendment the City Code. Director of Community Development Reichert explained the conditional use permit application and the four conditions proposed by the Advisory Planning Commission. She said the APC had seen the use of this property as a step forward for Cedarvale. Ms. Reichert said staff also recommended a fifth condition providing for the operator to have a current and valid paintball license issued by the City. The applicant, Jim Nordberg, said the licensing ordinance amendment provided for a minimum operating standard. He assured the City Council that safety would be their number one priority. Mr. Nordberg noted that he had met with the neighboring businesses and residents and they seemed to be pleased with the proposal. Councilmember Wachter added his agreement to following through with an entertainment/fitness theme for the Cedarvale area. Councilmember Awada then approached the issue of age limitations and restrictions to participate in Splatball. It was noted that the ordinance as revised does not permit anyone under the age of 18 years to play. Mr. Nordberg said Splatball Indoor has operated with 16 years as the minimum age to play splatball and persons 14 and 15 years were permitted to play if accompanied by a parent or guardian. He said they would agree not to let anyone younger than 18 play in order to get a permit and allow the business to prove itself to the City. He anticipated that after a year they would ask that the ordinance be modified. Councilmember Awada indicated her preference for modifying the proposed ordinance prior to adoption lowering the minimum age to 16 years and permitting 14 and 15 year olds to play if accompanied by a parent or guardian. Mayor Egan and Councilmember Hunter agreed. Councilmember Hunter asked questions about the 7000 sq.ft. minimum playing court size. Mr. Nordberg stated that 7000 is the industry minimum standard; however, their playing fields were 7100 and 7300 sq.ft. He said if the playing field is too small, it brings injury into play. City Attorney Sheldon stated that 7000 sq.ft. was determined to be an adequate size after reviewing information provided by the applicant and after discussions with the Police Department, Community Development and Mr. Nordberg. Councilmember Hunter asked about the playing field enclosure and asked that a condition or definition be written into the ordinance that specifies that the playing field will be walled off from the spectator area. Mr. Nordberg said the playing field should be defined as a "completely enclosed environment." Prior to the motion, Councilmember Wachter indicated he was in favor of the application but stated the minimum playing age should remain at 18 years. Awada moved, Hunter seconded, a motion to adopt an amendment to the Eagan City Code, Chapter 10, Section 10.10, regarding Dangerous Weapons and Articles, including a change in Subd. 4F of the proposed ordinance reflecting the minimum splatball playing age as 16 years of age, with 14 and 15 year olds permitted Page 10/EAGAN CITY COUNCIL MINUTES October 19, 1993 to play if accompanied by a parent or guardian, and adopting by reference, Eagan City Code, Chapter 1, and Chapter 10, Section 10.99. Aye: 3 Nay: 1(Wachter) Abstain: 1(Masin) Awada moved, Hunter seconded, a motion to adopt an amendment to the Eagan City Code, Chapter, 6, Section 6.47, regarding paintball facilities including the definition of the splatball playing field as a "completely enclosed environment," and changing the proposed ordinance to reflect the minimum playing age as 16 years of age, with 14 and 15 year olds permitted to play if accompanied by a parent or guardian, and adopting by reference Eagan City Code, Chapter 1, and Chapter 6, Section 6.99. Aye: 3 Nay: 1 (Wachter) Abstain: 1 (Malin) CONDITIONAL USE PERMIT/SPLATBALL INDOOR Mayor Egan introduced this item as a conditional use permit for Splatball Indoor, to allow an indoor recreational use in a CSC (Community Shopping Center) district on Parcels 050-04 and 060-04 located in the NE 1/4 of Section 19 between Cedarvale Boulevard and Beau D'Rue Drive. Awada moved, Hunter seconded, a motion to approve a conditional use permit to allow an indoor recreational use in a CSC district on parcels 050-04 and 060-04 located in the NE 1/4 of Section 19 between Cedarvale Boulevard and Beau D'Rue Drive subject to the following conditions: 1. An overall sign plan including elevations shall be submitted for approval and be subject to the one- time sign fee of $2.50/sq.ft. 2. The developer shall upgrade the driveway openings on Beau D'Rue Drive to current City standards by constructing concrete aprons at the openings by August 31, 1994. 3. The entire parking lot shall be upgraded to current City Code requirements by August 31, 1994. 4. A clean-up and landscape phased-in plan as approved by City staff shall be followed as economically feasible. 5. The operator will have a current and valid paintball license issued by the City. Aye: 4 Nay: 0 Abstain: 1 (Malin) Councilmember Wachter noted he was in favor of the Splatball conditional use permit application but opposed to lowering the playing age to 16 years of age. AMEND FINAL PLAT CONDITION/LEXINGTON POINTE 8TH & 9TH ADDITIONS Mayor Egan introduced this item as amend the final plat condition, Lexington Pointe 8th and 9th Additions (Request to Continue Indefinitely). Wachter moved, Masin seconded, a motion to continue indefinitely the amendment to the final plat condition for Lexington Pointe 8th and 9th Additions. Aye: 5 Nay. 0 DETERMINATION OF SIMILAR USE FOR GROUP HOME Mayor Egan introduced this item as a determination of similar use for a group home, Lot 5, Meadowview Addition, located along the south side of Meadow View Road in the NE 1/4 of Section 8. Director of Community Development Reichert reviewed the application and its location. She then explained that the area c• , Reid 3 Page 11/EAGAN CITY COUNCIL MINUTES October 19, 1993 surrounding this location is comp guided as Industrial and additional research indicates that redevelopment is probably in the future. Ms. Reichert noted that the City Code does allow an Interim Use Permit with time limitations and then she reviewed the conditions that would be appropriate. She said at the end of five years, the City Council could then make a determination whether to renew the permit. Ms. Reichert indicated that Farris Glover, the applicant, has stated that a five-year approval would be the minimum they could work with. Councilmember Wachter asked a question about the State Fire Code and Ms. Reichert said the State licensing process would address those issues. Councilmember Hunter asked whether the adjacent property owners were concerned about granting a permit for the next five years, especially when they may have plans for more intense industrial uses that may create dust or noise problems. Ms. Reichert explained that, if that is the direction the City Council would like to go, those questions could be researched for discussion at the public hearing. Mayor Egan said a sixth condition should perhaps be added that the applicant enters an agreement which waives his right to object to the use of any adjacent property to its intended use under the zoning classification. Because the use of the property as the location of a group home is a non-conforming use, Mayor Egan explained that he did not want objections from the group home when other conforming landowners develop their property according to the permitted uses allowed under their zoning classificati ons. Mr. Glover indicated his agreement. Mr. Goldsworthy, a neighboring property owner, asked what use Mr. Glover intended for the property and who his clients would be. It was explained that if the City Council determines that the interim use permit is the appropriate avenue for this issue, his questions could be addressed at a public hearing before the Advisory Planning Commission. At this point, Mayor Egan indicated his support for the interim use permit process and added that he had concerns about any attempts at spot-rezoning. The Mayor stated that when MnDOT chose the location for the 494 interchange at Pilot Knob instead of at Highway 13, it had a dampening effect on the speed with which businesses developed in that area. He said he was willing to consider an interim use such as the one proposed but did not wish to prejudge the City Council's action. City Administrator Hedges stated that once the procedure is determined, property owners within 350' would be notified about the right to appear at the APC meeting and City Council meeting. Councilmember Awada asked whether the deadline for the October APC meeting agenda could be met. The Councilmember was advised that public notice requirements could not be met in time for that meeting. Councilmember Masin asked whether there were any health hazards to residents of a house located within the industrial area. Director of Community Development Reichert stated she did not believe there were any chemical hazards, however, truck traffic and noise could be expected. Councilmember Awada referred to the length of time this application has and will take. In order to assist the applicant in his negotiations for the lease of the property, etc., she said he could be reasonably sure the application would pass, unless, as Director of Community Development Reichert pointed out, there is overwhelming new evidence or information that surfaces at the APC meeting. Masin moved, Wachter seconded, a motion to maintain the existing zoning and refer to the Advisory Planning Commission consideration of an interim use permit for a group home on Lot 5, Meadowview Addition, subject to the following conditions and any other reasonable conditions determined appropriate for consideration by the APC: 1. The maternity shelter use shall terminate October 19, 1998. 2. Proof of State of Minnesota Licensure shall be provided to the City. OO G~ Page 12/EAGAN CITY COUNCIL MINUTES October 19, 1993 3. The number of clients shall not exceed 13 at any one time. 4. The maximum number of employees is three full-time and three part-time. 5. All employee and guest parking shall occur on-site. 6. The applicant will enter an agreement waiving his right to object to the development of any adjacent property to its intended use as it exists under the zoning classification. Aye: 5 Nay: 0 CRIMSON LEAF TRAIL SIDEWALK REQUIREMENT Mayor Egan introduced this item as ratification of the APRNRC recommendation for the Autumn Ridge 4th Addition condition involving the Crimson Leaf Trail sidewalk requirement. City Administrator Hedges explained the history of the item and advised that in response to neighborhood concerns, the issue had been referred to the Advisory Parks, Recreation and Natural Resources Commission. He said the APRNRC had reaffirmed the City Council's earlier decision to install the sidewalk and was returning the issue to the Council for ratification. Two residents indicated they were in attendance for discussion of this item. One of the residents present stated that few people were present to discuss the issue because it had been resolved before the APRNRC. She indicated her belief that those in opposition realized the sidewalk was necessary. Mayor Egan said he was very pleased the residents had resolved the issue among themselves and Councilmember Hunter noted it was a good example of how the City should use Commissions. Wachter moved, Hunter seconded, a motion to ratify the Advisory Parks, Recreation and Natural Resources Commission recommendation for the Crimson Leaf Trail sidewalk requirement of the Autumn Leaf 4th Addition. Aye: 5 Nay. 0 ON-SALE LIQUOR LICENSES CODE AMENDMENT Mayor Egan introduced this item as consideration of a City Code Amendment, On-Sale Liquor Licenses. City Administrator Hedges explained that Matt Star had made a request on behalf of Panino's Restaurant to consider a change in the on-sale liquor license policy. Presently the remaining three licenses are designated for hotels and/or motels and Mr. Star had requested that one be released from that allotment for Panino's application. Mr. Hedges noted that if the City Council did decide to make a change in policy, it would not mean that a license would be earmarked for this individual. Mayor Egan explained that when these licenses were set aside, the City Council believed that every hotel proposed for the City would be a Class A hotel with a large restaurant. The Mayor said it later became apparent that the Bloomington strip would prove to be a psychological barrier to such a facility being built south of the river but now that policy may be antiquated. He then referred to the Holiday Inn Express and said it will not have a large, Class I restaurant but developer, Emmett Erpelding, was anticipating that the hotel would influence a Class I restaurant to locate nearby. Mayor Egan mentioned that with the 2000 census, additional licenses will be available and it may make sense to issue the licenses the City has and only reserve what is absolutely necessary. Councilmember Awada stated that the City has not seen the hotels it had anticipated but with the success of the Mall of America and with the Bloomington "strip" hotel vacancies approaching zero, the climate for a major hotel in the City may well improve. She agreed there should be some flexibility but since no z~ a) 0 Page 13/EAGAN CITY COUNCIL MINUTES October 19, 1993 additional licenses will become available for six more years, she suggested leaving two earmarked for hotels and possibly releasing one. She added, however, that since this is the City's final liquor license for some time, they should be very selective as to who it is issued to. In answer to a question, City Attorney Sheldon said councils have a certain amount of discretion with liquor licenses, however, considering the costs associated with set up, there would be significant practical and legal problems if the license were issued with a sunset provision. Mr. Sheldon stated there would likely be an argument if the establishment were successful and the City tried to retract the license just to change categories. Councilmember Hunter stated he did not want to release two of the licenses now especially when he believed the City would attract a hotel in the next eight or nine years. In addition, he was reluctant to "pour cold water" on the hospitality business now that it's just getting underway. Mayor Egan agreed noting that the Hampton Inn is expressing interest in the City and the City's existing hotels are enjoying a certain amount of success right now. Also, the Convention and Visitors Bureau is just coming on line and he does not want to restrict them. Mayor Egan mentioned that the City has been criticized at times for not providing amenities, i.e., first class restaurants, however, under scrutiny, the City is down to the bare minimum in terms of licenses available to provide such services. Councilmember Hunter said that perhaps the Legislature should loosen up the numbers for rapidly growing cities and suggested it may be well to work on the issue before it becomes a major problem. Martin Colon, owner of the Yankee Square Inn, agreed that the hospitality industry was doing well in Eagan mainly due to the Mall of America. He asked if a census was the only way the number of licenses could be increased. He said potential restaurants, such as Red Lobster or a Steak & Ale may be excluded if the number of licenses cannot be increased. Bruce Miller, Federal Land, mentioned the importance of a liquor license to Panino's Restaurant and questioned whether a total of three licenses would be enough for the next nine years. He indicated that both Burnsville and Bloomington had similar licensing problems but managed to resolve and receive additional licenses. He also suggested research into the issue. Wachter moved, Hunter seconded, a motion to continue a request by Matt Starr, Panino's Restaurant, for an amendment to the Eagan City Code for on-sale liquor licenses, in order to conduct further research into the issue of license allocations available to the City. Aye: 5 Nay: 0 MODIFICATION/SITE PLAN TOWN CENTRE 70 - FIFTEENTH ADDITION Mayor Egan introduced this item as a request for a modification of the site plan, Town Centre 70- Fifteenth Addition. Director of Community Development Reichert explained the request and indicated that staff does not see the change as a problem and, may, in fact, improve the situation. If the modification is approved, Ms. Reichert suggested that a condition be added providing for a six foot concrete sidewalk around the service door on the retail building. Martin Colon, Federal Land, indicated no problems with the condition and noted that the original condition was an interpretation of the City Code. Hunter moved, Masin seconded, a motion to approve a modified site plan for Town Centre 70 - Fifteenth Addition, Kohl's Department Store, with the additional requirement of a six-foot concrete sidewalk around the service door on the retail building. Aye: 5 Nay: 0 0 -sue Page 14/EAGAN CITY COUNCIL MINUTES October 19, 1993 VARIANCE/DON CHRISTENSON/PILOT KNOB ROAD Mayor Egan introduced this item as a variance for Don Christensen, of 22' to the required 50' setback off Pilot Knob Road, located on Lot 4, Block 1, Buffer Hills in the SW 1/4 of Section 15. Director of Community Development Reichert explained the application and its location. Ms. Reichert said the variance would allow the applicant to build a detached, two-story garage on the property. She stated that while variances are supposed to be based on hardship, the only hardship appeared to be that Mr. Christenson needs a variance to build the garage. She noted that the building will meet the setbacks from the lake. Don Christenson, said the second floor of the garage would be used as a hobby room for the residents. At the present time there is enough garage space for eight vehicles but he said the problem is two vans which will not fit in the existing garages. Councilmember Awada asked whether there were any restrictions on the number of buildings on a property. As to the number of buildings, it was noted that the property is zoned multiple and, along similar lines, even with the addition of this garage, all the buildings would account for less than 20% lot coverage. Councilmember Wachter stated he would abstain from voting because he is a friend of the applicant. The Council then referenced a similar situation whereby a variance was granted recently to build a detached garage on an "odd shaped" lot on Pilot Knob Road. Councilmember Hunter cited the difference between this request and the one approved as the shape of the lot and the lack of any other garage on the property. He said he could not see a hardship to this request. Mr. Christenson stated that the building is not a usual garage but one that also has living quarters. He then referred to a point along Pilot Knob Road where the road narrows from a four-lane divided roadway to a four-lane, undivided road. Mr. Christenson said if he had been wiser when the right-of-way was defined, perhaps there wouldn't be a jog where it now occurs and there wouldn't be a problem. Mayor Egan mentioned that having the utility vans housed within a garage may be a benefit to the neighborhood; however, while Councilmember Hunter could concede a benefit, he still could not see a hardship. After brief additional discussion, Mayor Egan moved, Awada seconded, a motion to approve a variance for Don Christensen, of 22' to the required 50' setback off Pilot Knob Road, located on Lot 4, Block 1, Buffer Hills in the SW 1/4 of Section 15. Aye: 2 Nay: 2 (Hunter, Masin) Abstain: 1 (Wachter) Councilmember Wachter suggested that the layout of Pilot Knob Road had created a problem. He said he did not see any use for the offset and cited the unusual "jog" in the right-of-way and its imposition on Mr. Christenson's property. The Councilmember said if it weren't for the offset, there would not be a problem. When it was suggested that Councilmember Wachter vote even though he knows Mr. Christenson, Councilmember Wachter indicated it has always been his policy not to vote on issues involving friends. At this point, Mayor Egan told Mr. Christenson that his variance had been denied, however, if he could provide evidence of hardship, the possibility existed it could be reconsidered in the future. Director of Community Development Reichert said it would require a continuance but suggested that staff research the "jog" and what physical effect it had on the property. Egan moved, Awada seconded, a motion to reconsider and continued to the November 2, 1993, regular City Council meeting the variance for Don Christenson, of 22' to the required 50' setback off Pilot Knob Road, located on Lot 4, Block 1, Buffer Hills in the SW 1/4 of Section 15. Aye: 4 Nay: 0 Abstain: 1 (Wachter) 0C3?S Page 15/EAGAN CITY COUNCIL MINUTES October 19, 1993 PRELIMINARY PLAT/NORWEST 3RD ADDITION/EPP PROPERTIES Mayor Egan introduced this item as a Preliminary Plat for Norwest 3rd Addition/EPP Properties, consisting of one lot on 2.8 acres zoned Planned Development Limited Business within the Norwest Planned Development, and a variance to the City Code on-site parking requirement, located along the east side of Norwest Court, west of I-35E in the SE 1/4 of Section 10. Director of Community Development Reichert explained the application and its location. Ms. Reichert said the main remaining issues are the number of parking stalls and 9' rather than 10' parking stalls. She said the applicant has indicated that if excess I-35E right- of-way is ever turned back to the City, he would be willing to purchase it to meet parking requirements. Ms. Reichert noted that also at issue are the materials (precast panels and glass) planned for the building, however, the Advisory Planning Commission has accepted the .applicant's proposal for materials. Director Reichert outlined the Advisory Parks, Recreation & Natural Resources Commission requirements and added that there will be a large number of replacement trees. Mayor Egan asked about the cul de sac connection and Director of Community Development Reichert pointed out the proposed private drive off the cul de sac and mentioned that easements will be required. Mayor Egan also expressed concerns about parking after finding it such a major issue with the development of the Mann Theater project. While the Mayor agreed with Councilmember Hunter that perhaps the 9' parking stall issue should be reviewed, he indicated he preferred not to make a variance to that standard for 50% of the stalls. Gene Happe, the applicant, described his experience with other medical buildings and all have 9' parking stalls. In addition, Mr. Happe explained that the amount of parking available will be adequate because employees will account for 60% of the parking stalls and the primary user in this building will be an out-patient surgical center. Mr. Happe stated that he had spoken to Steve Nelson of Cereal Chemists and suggested an arrangement whereby they would use 50 parking spaces that are not being used by Cereal Chemists. Mayor Egan asked whether a cross easement would be feasible and Director of Community Development Reichert indicated that unless Cereal Chemists have excess parking or they do not use their excess parking at the same time as the clinic, the City may prefer to avoid such an arrangement. She said if Cereal Chemists moved out of the building at sometime in the future, it was possible the new user would find the parking inadequate for their purposes. Councilmember Hunter stated that he had heard a number of complaints about inadequate parking at a nearby clinic and asked if permitting a reduced number of parking stalls wouldn't make a bad situation, worse. Mr. Happe explained that the clinic referred to by Councilmember Hunter is staffed almost entirely by general practitioners and an eye doctor, both of whose practices have very heavy parking requirements. Councilmember Awada expressed her opposition to revisiting the 10' parking staff issue and her preference for a variance to handle any deviation from the ordinance, and then, only with very good reason. Mayor Egan suggested that rather than revisit the entire issue, the City Council could possibly consider parking classifications, such as, long term employee parking, for 9' stalls. Councilmembers Wachter and Hunter agreed. Mr. Happe advised that if the MnDOT property could be acquired prior to pulling a building permit, they would prefer to meet the 10' stall requirement for all parking. He also added that if it is necessary to buy the entire piece of property to get what they need, they would donate the remainder to the City. Mr. Happe then showed a photograph of an identical building in Burnsville using the same exterior materials as proposed for the Eagan medical building. Mr. Happe explained that the maintenance on brick buildings has become extremely difficult and referred to the amount of damage to the bricks caused by sprinkler systems. He said it was becoming a maintenance nightmare. Mr. Happe then explained the proposed decorative panels which he said maintain their appearance and are virtually maintenance free. The panels are more expensive initially but better in the long run. Councilmember Wachter expressed his reservations about the materials and said he would like to check with Building Inspections and weigh the decision a little more carefully. a',3 Page 16/EAGAN CITY COUNCIL MINUTES October 19, 1993 Mr. Happe advised the City Council that the panels are manufactured by Gauge Brothers in Sioux Falls, South Dakota, and by Wells Concrete in Wells, Minnesota. Prior to a motion being made, Councilmember Hunter asked whether the employee parking stalls could be so marked. Mr. Happe said they could. Mayor Egan stated that since that the applicant has provided all but nine of the required parking stalls and is negotiating to obtain additional property for parking use, he was willing to go along with both requests for parking variances. Councilmember Awada agreed but deferred to Councilmember Wachter's request to check further on building materials. Mr. Happe asked for clarification and Councilmember Wachter explained that he (Mr. Happe) had suggested that brick causes more maintenance problems than the precast panels and he would like confirmation of that claim. Wachter moved, Awada seconded, a motion to continue to the November 2, 1993, regular City Council meeting consideration of a preliminary plat for Norwest 3rd Addition/EPP Properties, consisting of one lot on 2.8 acres zoned Planned Development Limited Business within the Norwest Planned Development, and a variance to the City Code on-site parking requirement, located along the east side of Norwest Court, west of I- 35E in the SE 1/4 of Section 10, in order to permit research into the proposed exterior materials. Aye: 5 Nay- 0 COMPREHENSIVE GUIDE PLAN AMENDMENT KERR ADDITION/SHEA ARCHITECTS Mayor Egan introduced this item as a comprehensive guide plan amendment for the Kerr Addition/Shea Architects, changing the land use of approximately 6.5 acres from LB (Limited Business) to CSC (Community Shopping Center) and a rezoning from GB (General Business) to a Planned Development District, and a preliminary plat consisting of four lots located along the east side of Pilot Knob Road, south of Marice Drive in the SW 1/4 of Section 10. City Administrator Hedges advised that this item had been before the Advisory Planning Commission at their September 28 meeting and they had recommended denial of the Comprehensive Guide Plan Amendment. No action had been taken on the rezoning or preliminary plat. Director of Community Development Reichert reviewed the application and its location. She explained that because a General Business designation does not permit housing or retail uses, the Advisory Planning Commission determined that this mixed use development was inappropriate for the property. Ms. Reichert advised that since the APC meeting, the applicant has revised his proposal eliminating the retail; however, if the City Council wished to consider the revised application, Ms. Reichert said it would have to go back to the APC for public hearing. David Witt, the architect, presented an overview of the proposed project. Mr. Witt noted that the retail use had been removed from consideration and advised that its elimination had permitted them to expand the health club's parking. He said that without the retail, the parking would exceed requirements, all spaces would be 10', the parking lot would include concrete curb and gutter, improvements would be made to the entrance and exit to the site, and all other City requirements would be met or exceeded. Mr. Witt went on to explain that the applicant had been working with the Parks Department regarding trees on the site and that while construction would disrupt a significant number of trees, most were of less desirable species. In addition, most of the trees lost would be at the rear of the property but the landscaping would be improved over the entire site especially along Pilot Knob Road. Because there is very little landscaping now, landscape screening would be more effective and would have a more positive effect on the appearance of the site. Mr. Witt pointed out that apartments are a "natural" with a health club and they have attempted to keep the buildings small in order to minimize their impact on the site. He said the applicant believes the plan would improve the overall quality of the site. 0003&3 Page 17/EAGAN CITY COUNCIL MINUTES October 19, 1993 Mayor Egan asked Director of Community Development Reichert several questions regarding building materials intended for the project; however, Ms. Reichert indicated that since the Advisory Planning Commission had answered the land use questions first, the Commission never got to a discussion of the materials. Councilmember Awada indicated her agreement with the APC that the site was inappropriate for housing. Mayor Egan also agreed saying there were multiple uses but with parking inadequate for those uses thus prompting the need for variances on the total number of and width of the parking stalls. He indicated difficulty in considering a multifamily proposal when the City Council has been attempting for some time to downzone properties. The retail portion of the proposal was noted to lack either a definition of the use or the users but Mayor Egan agreed with Councilmember Awada that he would be more inclined to support retail than further multifamily uses. He did not find the applicant's claim that the apartments would provide convenient users for the health club to be persuasive. Additionally, he said it was incredible that after blatantly ignoring the City's sign ordinance with every type of temporary sign, the health club would now suggest that the apartments would cut down on the need for those signs. In closing, Mayor Egan stated he did not see this as good land use planning and noted many problems with the proposal. Councilmember Hunter indicated the project appeared to be an issue of spot zoning and he would not support the application. Mr. Witt agreed there were problems with the proposal but wished it understood that they had worked on a revised plan which addresses parking questions and eliminates the retail. Coundlmember Awada thanked Mr. Witt for trying to improve the proposal but said even with the revision it was contrary to what the City Council has been attempting to do in the area of downzoning and still amounts to spot zoning. Awada moved, Wachter seconded, a motion to deny a comprehensive guide plan amendment for the Ken Addition/Shea Architects, changing the land use of approximately 6.5 acres from LB (Limited Business) to CSC (Community Shopping Center) and directed the City Attorney to prepare findings of fact to be returned to the City Council for ratification at their November 2, 1993, regular meeting. Aye: 5 Nay: 0 With the denial of the comprehensive guide plan amendment, no action was taken on the rezoning or preliminary plat issues. Mayor Egan introduced this item as recommendations for the 1994 Association of Metropolitan Municipalities Legislative Policy Program. City Administrator Hedges explained the straw poll ballot that the AMM has distributed for cities to identify their top policy priorities. Councilmember Awada mentioned that while she disagreed with 50% of the proposals, she understood that it was likely more effective if the organization spoke with one voice. Councilmember Wachter said he had completed the ballot, which he does every year, but questioned whether it ever brought any results. Coundlmember Awada agreed saying it may be more effective if the AMM selects a few key items rather than taking a position on such a long list of issues. City Administrator Hedges said one of the purposes of this exercise is for cities to identify what their priorities are and then, hopefully, the AMM Board can take the input and concentrate on probably the top five or six priorities of the membership. Mayor Egan, as a member of the Board, agreed saying the AMM has been more successful in the past two years especially since they have focused on concentrated issues with universal support and left other issues, especially non-metropolitan issues, to other groups. City Administrator Hedges said that after review, it appeared that most of the City Council's priorities were concentrated around: 1) municipal revenues - taxes and fiscal impacts; 2) metropolitan governance - 00.3 Page 18/EAGAN CITY COUNCIL MINUTES October 19, 1993 restructuring metro agencies and reenergizing the Metropolitan Council, and 3) the airport. Mayor Egan said he would be willing to work with the City Administrator on a at of the Council's five major priorities. Hunter moved, Awada seconded, a motion directing staff to consolidate the City Council's top policy priorities for the City of Eagan and forward them to the AMM for inclusion in the 1994 AMM Legislative Policy Program. Aye: 5 Nay: 0 CLARIFICATION/DESIGNATION OF BRICK With approval of the agenda, clarification for designation of brick as a construction material was moved to the beginning of the meeting, after the Consent Agenda. PROJECT 666/WATERVIEW ADDITION/DODD ROAD SANITARY SEWER & WATER MAIN Mayor Egan introduced this item as Project 666, receive petition/authorize feasibility report (Waterview Addition/Dodd Road - sanitary sewer & water main. Director of Public Works Colbert reviewed the request received from the developer and property owner of the proposed Waterview Addition for a feasibility report for extending sanitary sewer and watermain to that property. He explained that with the petition was the developer's and property owner's guarantee to reimburse the City for all costs incurred if for some reason the project is denied as a result of the public hearing process. Mr. Colbert said Staff does not usually present such a petition prior to preliminary plat; however, in this instance it may be preferable to have the detailed improvements and cost estimates and preliminary assessment roll available to the Council on the same evening as the public hearing for the preliminary plat. Awada moved, Wachter seconded, a motion to receive the petition for Project 666 (Waterview Addition/Dodd Road - water main and sanitary sewer) and authorize the preparation of a feasibility report. Aye: 5 Nay: 0 VACATE PORTION OF UTILITY EASEMENT/LOT 13, BLOCK 1, BLACKRAWK POND ADDITION Mayor Egan introduced this item as vacate a portion of the utility easement, receive petition/order public hearing (Lot 13, Block 1, Blackhawk Pond Addition. Director of Public Works Colbert explained that this is similar to the vacation of a utility easement for the Holiday Inn Express building except that this vacation is the result of the inadvertent encroachment of initial construction of a single family home in an existing utility easement. Because of this encroachment, the watermain has to be relocated and a portion of the utility easement vacated. The developer's surveyor has submitted the petition to begin the public hearing process and staff is recommending that the City Council receive the petition and schedule a public hearing for their November 16, 1993, regular meeting. Awada moved, Wachter seconded, a motion to receive the petition to vacate a portion of the utility easement for Lot 13, Block 1, Blackhawk Pond Addition, and schedule a public hearing to be held on November 16, 1993. In addition, the property owner and applicant will be required to do the following: 1. Prepare detailed plans and specifications for the proposed utility modifications. 2. Enter into a construction agreement with the City allowing work on an existing public utility. 00,371 Page 19/EAGAN CITY COUNCIL MINUTES October 19, 1993 3. Enter into an escrow agreement and deposit said escrow with the City to cover the cost incurred for the plan review and construction management/inspection. 4. Complete the utility modification work to City acceptance prior to vacating the requested easement. Aye: 5 Nay: 0 REQUEST FOR FOOTINGS & FOUNDATION PERMIT LOT 2, BLOCK 2, RAHNCLIFF 3RD ADDITION Mayor Egan introduced this item as a request for a footings and foundation building permit for Lot 2, Block 2, Rahncliff 3rd Addition. Director of Public Works- Colbert explained this item as a request by the Holiday Inn Express for a footings and foundation permit prior to completion of the vacation of their utility easement. Mr. Colbert said the vacation has been approved; however, it is with conditions. Staff is hesitant to recommend approval because once the permit is issued, it is very difficult to control the different construction and trades that would be involved with the footings and foundation prior to the relocation of the watermain. In answer to a question from Councilmember Awada, Mr. Colbert said that the applicant wants to begin construction of the building while the work to relocate the water main is being performed. Mayor Egan advised that he had been contacted by Emmett Erpelding of Holiday Inn Express but based on staffs reservations, the Mayor was reluctant to recommend the permit approval. He expressed his surprise that Mr. Erpelding was not present especially when he has considered this action to be critical to their schedule. The Mayor said the City has tried to accommodate Mr. Erpelding in keeping the process moving; however, he was unsure it was possible in this instance. Councilmember Wachter stated that he would be willing to approve this request, however, if work did not begin on the building until Director of Public Works Colbert was satisfied that the watermain relocation had been accomplished. It was noted that such action was in effect taken at the earlier public hearing when the utility easement was vacated with conditions. Mr. Colbert said that once the conditions are complied with, including the relocation of the watermain, Building Inspections could be notified to issue the permit. Wachter moved, Awada seconded, a motion to authorize administrative issuance of the footings and foundation permit for Lot 2, Block 2, Rahncliff 3rd Addition, upon completion of the relocation of the existing 16" trunk water main. Aye: 5 Nay: 0 S.v:•:.vvv..vvv..:. BEATTA BLOMQUIST/LAWSUIT Beatta Blomquist asked to address the City Council regarding a settlement agreement proposed by the League of Minnesota Cities Insurance Trust in the Bieter Lawsuit. Ms. Blomquist expressed her concerns about any settlement especially in view of the money the City has already spent. in defending itself in this lawsuit. She asked a number of questions and was critical of the coverage provided by the LMCIT and asked what, if anything, the City was getting for their coverage. Ms. Blomquist said that the LMCIT was trying to remove itself from this case for economic reasons only. Since she would not agree to the settlement, she indicated it would be necessary to obtain her own attorney or ask the City Council to assign another attorney to the case. Because this involves litigation, Mayor Egan stated that a decision about her requests would normally be made in Executive Session. The Mayor added that he shared Ms. Blomquist's concerns and noted that she had raised some interesting issues. In response, Ms. Blomquist stated that she did not expect the City Council to make any decision but was only inquiring as to the City Council's opinion of the coverage provided by LMCTF. 003 72 Page 20/EAGAN CITY COUNCIL MINUTES October 19, 1993 Mayor Egan said the matter could be looked into but was best discussed with the City Attorney. Once a decision is made, Mayor Egan said it would be communicated to Ms. Blomquist. Ms. Blomquist stated that at the time of the Bieter rezoning application, she was the Mayor and as such was only one vote. She pointed out that no allegations made by the principals in the lawsuit have ever been proven and what the lawsuit has done to the City and to some individuals is more than they should have to bear. Ms. Blomquist said a person should never have to pay out of their own pocket to defend a rezoning vote. She said it sends a message that persons should not run for public office because it is not worth it. Ms. Blomquist said the League of Minnesota Cities should look at legislation to prevent this from happening to innocent people. MUD PINK 4 -WAY STOP/ DENMARK & TOWN CENTRE DRIVE For Council's information, Director of Public Works Colbert advised that a four-way stop was being installed at the intersection of Denmark and Town Centre Drives and "no parking" signs will be installed on Crestridge Drive near Wendy's and Chili's Restaurant. SPECIAL CITY COUNCIL MEETING Wachter moved, Hunter seconded, a motion to schedule a special City Council meeting for November 2, 1993, at 5:00 p.m. Aye: 5 Nay: 0 BRICKS OR BETTER Director of Community Development Reichert advised that until the bricks or better policy is replaced, staff will continue to define "brick" as masonry brick. The City Council agreed. DAKOTA COUNTY LEAGUE OF LOCAL GOVERNMENTS In answer to a question from Councilmember Wachter, Councilmember Hunter stated that all members of the Dakota County League of Local Governments have agreed that the group will remain loosely structured and they will not start out with any type of dues or funding from its members. He said they also agreed that they would not be another lobbying group. DIVINE REDEEMER ADVISORY COUNCIL Councilmember Hunter's nomination was accepted and he is now a member of the Divine Redeemer Advisory Council. CHECKLIST Wachter moved, Egan seconded, a motion to approve the checklist dated October 14, 1993, in the amount of $1,508,549.75. Aye: 5 Nay: 0 Page 21/EAGAN CITY COUNCIL MINUTES October 19, 1993 ADJOURNMENT/EXECUTIVE SESSION The regular meeting of the Eagan City Council was adjourned to executive session for the purposes of discussing litigation at 11:15 p.m. Those in attendance were: Mayor Egan, Councilmembers Awada, Hunter, Masin, and Wachter, City Administrator Hedges and City Attorney Sheldon. The executive session adjourned at approximately 12:15 p.m. KF CITY OF EAGAN N Ig E. anOverbeke City erk 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).