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01/07/1997 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota January 7, 1997 00001 A regular meeting of the Eagan City Council was held on Tuesday, January 7, 1997 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin and Blomquist. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. ~~ City Administrator Hedges administered the Oath of Office to re-elected Councilmember Sandy Masin and newly-elected Councilmember Bea Blomquist. ~ Councilmember Wachter moved, Councilmember Masin seconded a motion to adopt the agenda as presented. /We: 5 Nay: 0 Council member Wachter commented on the 1997 Non-Collective Bargaining Employees Compensation/Benefits Schedule on page 3 stating his concern for increasing taxes to cover the increases in compensation rates for employees, but he added that he is also concerned about the difficulty experienced in trying to fill positions to staff warming houses. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the minutes as presented. Aye: 4 Nay: 0 (Council member Blomquist abstained) Mayor Egan noted that on page one, the second paragraph under CDBG Funding, should be changed as follows, "Mr. Besser stated that OWABOPTE helps more than 230 individuals on an annual basis that experience daily challenges to independence and employment." Councilmember Wachter moved, Councilmember Masin seconded a motion to approve the minutes as amended. Aye: 4 Nay: 0 (Councilmember Blomquist abstained) PUBLIC WORKS/ENGINEERING, POLICY DIRECTION REGARDING PUBLIC STREET IMPROVEMENT PETITIONS, RANIER LANE Director of Public Works Colbert provided an overview on this item. Councilmember Blomquist asked if a benefit could be shown if the street improvements are undertaken. Colbert said that he felt confident that some benefit could be shown to these properties by doing the improvements. He noted that the benefit is accrued on a per lot basis and does not take into consideration the amount of frontage. He further noted that when this project was addressed before the cost per lot was very high due to the fewer number of lots to spread the cost over. He did not feel that the benefit received would be equal to the entire cost of the project and would require some type of City subsidy. Mayor Egan stated that he does not vote on issues involving Country Home Heights. EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 7,1997 PAGE 2 00002 Councilmember Awada said she does not want to force the whole development to put in the street improvements and is not sure if the City could afford to pay for the entire subsidy and would prefer just doing the improvements on Ranier Lane. Councilmember Wachter concurred. He suggested going ahead with the preparation of a feasibility report to determine the cost for the improvements for Ranier. Councilmember Blomquist agreed. Mayor Egan noted that the project should be combined with another project to get better bids. Councilmember Wachter moved, Councilmember Awada seconded a motion to provide City staff with direction to prepare a feasibility report for Ranier Lane only. Aye 5 Nay: 0 SNOW REMOVAL Mayor Egan commended Director of Public Works Colbert and the entire Public Works Department for all the compliments that have been received in regard to the snow removal. Colbert indicated he would pass along the compliments to the department. Councilmember Wachter thanked the taxpayers for allowing the purchase of the necessary equipment. ~ In regard to Item J, Resolution Approving exemption from lawful gambling license - South Metro Chapter/Minnesota Deer Hunters Assn.. raffle to be held on March 14. 1997 at Royal Cliff, Councilmember Wachter asked if this was the first time this request has been made by the Deer Hunters Association and what will the money be used for. Derek Funkhauser, representing the Deer Hunters Association, addressed the Council and explained that the money used from the raffle will be used for deer habitat programs, hunters against hunger programs, education, gun safety programs and to support hunting issues in the legislature. He also explained their relationship with the DNR. A. Personnel Items Item 1. It was recommended to approve the hiring of Sean Blaisdell, Eric Damann, Fran Dropik, Scott Ellingson, Alex Folken, Cary Hansen, Eric Hansen, Jay Harms, Amanda Helebrant, Peter Howlett, Christopher Jensen, Philip Kowalczyk, Kimberly Larson, Jason Lay, Jennifer Nelson, Joe Petsinger, Stephanie Welberg, Mark Koloc, and Cory Phillips as seasonal part-time Winter Recreation Leaders. Item 2. It was recommended to approve the hiring of Gretchen Kasner as a part-time seasonal Skating Professional. Item 3. It was recommended to approve the hiring of Sean Moilanen as a seasonal Streets Maintenance Worker. Item 4. It was recommended to approve the hiring of Kevin Doehling and Douglas Kuehn as seasonal Parks Maintenance Workers. Item 5. It was recommended to approve the hiring of Kevin Finley, Greg Neumann and Daniel Smith as part-time seasonal Broomball Officials. Item 6. It was recommended to approve the hiring of Jarrod Matsch as a Police Officer. Item 7. It was recommended to approve the hiring of Susan Smart as a part-time Clerical Technician III in the Police Department. EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 7,1997 PAGE 3 OC003 Item 8. It was recommended to approve the collective bargaining agreement with the Police Dispatcher unit for 1997 and 1998. Item 9. It was recommended to accept the letter of resignation from Police Officer Robert Jurgens and approve the payment of leave balances as previously agreed to. Item 10. It was recommended to approve accepting the proposal of United Wisconsin Group to be the City's carrier for its life, A D & D, and long term disability insurance coverages for employees. Item 11. It was recommended to approve the hiring of Dave Miller as a seasonal part-time Ice Rink Supervisor. B. Resignation Patrick Grinde. Economic Development Commission. It was recommended to accept the letter of resignation of Patrick Grinde from the Economic Development Commission. C. Contract. Mobile Data Communications Services for the City of Apple Valley. It was recommended to approve a contract with the city of Apple Valley for public safety mobile data communications cooperation and support as presented. 97.1 D. Resolution 1997 Fiscal Year CDBG Allocation. It was recommended to approve a Resolution approving the application of the City of Eagan for Fiscal Year 1997, Dakota County Community Development Block Grant Funding. 97.2 E. Confirmation of Findings of Fact. Conclusions & Resolution of Denial. AMS Properties. It was recommended to approve the Findings of Fact regarding the Comprehensive Guide Plan Amendment to change the land use on approximately 17 acres from Commercial Shopping Center (CSC) and 0-1 Residential to D-3 Mixed Residential to allow the development of townhomes on property located on Beau D'Rue Drive in the northeast one-quarter of Section 19. 97.3 F. Confirmation of Findings of Fact. Conclusions & Resolution of Denial. Philip Larson. It was recommended to approve the Findings of Fact regarding the proposed Comprehensive Guide Plan Amendment from D-1 Single Family Residential to Neighborhood Business (NB) for 2.42 acres at the southwest corner of Cliff and Dodd Roads to allow the construction of a retail center. G. Approve. Supplemental Agreement #2 Contract 96-10 (Yankee Doodle Rd. - 1-35E Bridge). It was recommended to approve Supplemental Agreement NO.2 to Contract 96-10 (Yankee Doodle Road 1-35E Bridge Construction) and authorize the Mayor to execute all related documents. H. Contract 97-03. Receive bids/award contract (Cliff Rd - Reservoir). It was recommended to receive the bids for Contract 97-03 (Cliff Road Reservoir Disposal) and award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related contract documents. I. Contract 97-02. Receive bids/award contract (Coachman Water Treatment Plant Renovation) It was recommended to receive the bids for Contract 97-02 (Coachman Road Water Treatment Facility Operational Repairs) and award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all necessary contract documents. 97.4 J. Resolution Approving exemption from lawful gambling license - South Metro ChapterlMinnesota Deer Hunters Assn.. raffle to be held on March 14 1997 at Royal Cliff. It was recommended to approve a resolution providing for an exemption from the lawful gambling license requirement for the South Metro Chapter of the Minnesota Deer Hunters Association for a raffle which will be held at the Royal Cliff facility on March 14, 1997. EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 7,1997 PAGE 4 00004 K. Massage Therapist License - Julie Ann Stark. to practice at Lifetime Fitness. It was recommended to approve a massage therapist license for Julie Ann Stark to practice at Lifetime Fitness as presented. L. Tobacco License - Stuart Anderson's Cattle Company. 1288 Promenade Place. It was recommended to approve a tobacco license for Stuart Anderson's Cattle Company at 1288 Promenade Place. M. Construction/Debris Hauler License - Veit Container Co~p. It was recommended to approve a construction/demolition debris hauling license for Veit Container Corporation as presented. N. Request for Modification. 1997 Fee Schedule. It was recommended to modify the 1997 Fee Schedule relating to grading/excavation permits removing the increase identified for 1997 and the rates to remain at the 1996 levels. O. Contract 94-H. Acknowledge Completion/Authorize City Maintenance for Gardenwood Ponds. Streets and Utilities. It was recommended to acknowledge completion of Contract 94-H (Gardenwood Ponds Addition - Streets & Utilities) and authorize perpetual City maintenance subject to warranty provisions. Councilmember Wachter moved, Council member Masin seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 SPECIAL CITY COUNCIL MEETINGS City Administrator Hedges commented on the need for the Council to set Special City Council meetings. Councilmember Wachter moved, Councilmember Awada seconded a motion to set Special City Council meetings for January 21 at 5:00 p.m. and January 28 at 5:00 p.m. (time is tentative for the 28th). Aye: 5 Nay: 0 ~ WAIVER OF SUBDIVISION - DON PRIHODA TO ADJUST THE COMMON LOT LINE BETWEEN LOTS 21 AND 22, BLOCK 1, BRITTANY 10TH ADDITION LOCATED AT 4784 LONDON LANE 97.5 City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. Don Prihoda, applicant, addressed the Council. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. Councilmember Awada moved, Councilmember Masin seconded a motion to approve a Waiver of Subdivision to adjust the common lot line between Lots 21 and 22, Block 1, Brittany 10th Addition, on London Lane, in the SE 1/4 of Section 33, subject to the following conditions: 1. The applicant dedicate a 10 foot drainage and utility easement centered over the new lot line between Lots 21 and 22. 2. No construction can occur over the existing easement on Lot 22 unless it is vacated. 3. The applicant shall record the waiver at Dakota County within 60 days of Council action. EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 7,1997 PAGE 5 00005 Aye: 5 Nay: 0 ~~ AUTHORIZE MEDIATION TO DEVELOP CONTRACT TERMS FOR AGREEMENT WITH THE MAC FOR PROHIBITION OF A NORTH PARALLEL RUNWAY City Administrator Hedges provided an overview on this item. Councilmember Blomquist stated that she feels everyone, including corporate citizens, should be included in discussions regarding mediation. She further stated that she could not support motions made by the Council last year pertaining to portions of the legislation. She said that even though some noise affects residents in the City it is important to recognize that there are still benefits received from the airport. She commented on the significant number of employees who reside in the City and are employed by Northwest Airlines. She stated that the City has an economic interest in supporting the needs of the airline industry. Council member Wachter stated that the opposition to the north/south runway may not be in the best interest of everyone in the City and for that reason he would not support the such a position. Councilmember Blomquist said that Northwest Airlines should be included in the negotiation process. Mayor Egan noted that the rationale behind the concern about the north/south runway is that it would introduce a great deal of additional noise to an area in the City that has not been impacted by noise. Councilmember Masin added that economic viability of the whole region is dependent upon having a first class airport but the City should not bear the brunt of all the problems associated with the airport. Council member Blomquist reiterated that the City needs to consider the economic value of the airport. Hedges stated he talked with Doug McKeen, Vice President of Northwest Airlines and Bob Benner who is in charge of Legislative Affairs for Northwest Airlines and discussed why the City is giving consideration to mediation. He said that Northwest Airlines could be invited to participate in the mediation process. He further said they were understanding and agreeable to mediation as it is being presented. Council member Awada stated that the Council was in agreement to entering into mediation. Councilmember Blomquist noted that she is in agreement with mediation but could not support land banking because it was voted out in the last legislature nor could she support extending noise mitigation to the 54 DNL because she believes that it is not scientifically supported. Mayor Egan agreed that there is no support in the legislature for land banking. Assistant to City Administrator Hohenstein said the legislative program is a separate issue, but that it would be helpful if the Council identified which items in the legislative program they would like changed or omitted. Discussion continued regarding 54 DNl vs. 60 DNL. Councilmember Masin moved, Councilmember Awada seconded a motion to approve staff authorization to enter into mediation to develop contract terms for agreement with the MAC for the prohibition of a potential future north parallel runway. Aye: 5 Nay: 0 City Administrator Hedges said that a motion for reconsideration should be made if the Council wanted to reconsider the 1997 Legislative Agenda acted on at the last City Council meeting. Councilmember Awada moved, Councilmember Wachter seconded a motion to reconsider the motion made at the December 16, 1996 City Council meeting in regard to the 1997 Legislative Agenda Aye: 4 Nay: 1 (Councilmember Masin opposed) Councilmember Awada made a motion to amend the approval of the 1997 Legislative Agenda deleting the land banking section. EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 7,1997 PAGE 6 00006 Councilmember Blomquist asked if the 54 DNL language would also be deleted. Councilmember Wachter stated that by the time some of the legislation is enacted the new Stage 3 airplanes will be in operation and the decibels may even be lower than the 54 DNL. Mayor Egan gave a brief history of the mitigation plan and he said that this is the Council's one and only chance to provide the community with the greatest degre~ of noise mitigation protection. Councilmember Wachter seconded the motion to amend the approval of the 1997 Legislative Agenda deleting the land banking section. Mayor Egan added that he will support that action with the understanding that this may be reconsidered in the future if the MAC's assumption proves to be flawed. Councilmember Masin that the reason the dual track study was cut short was purely politically motivated and had nothing to do with the viability of the airport or the future of air travel. She questioned what the worst case scenario would be if the State were to enact land banking and then not need the land in the future vs. what will happen if there is no land banking done now and then the need arises for airport expansion. She stated that deleting the land banking section is short sighted on the part of the Council. Mayor Egan said he did not disagree with Councilmember Masin but noted that there is no political support for land banking and believes this will be reconsidered again in the future. Councilmember Blomquist noted that she would like to see what the 54 DNL covers and will not support lobbying for that and that more details are still needed. She also noted that it is misleading for the Council to support land banking when they are aware that the legislature is not in support of it and it is not a viable option. A vote was taken on the motion. Aye: 4 Nay: 1 (Councilmember Masin opposed) REZONING & PRELIMINARY SUBDIVISION - D.R. HORTON, INC. (GARDENWOOD PONDS 3RD ADDITION) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Hedges noted that it is the City Attorney's opinion that Sienna Corporation owns Outlots C and D. Councilmember Awada asked when the trail connection is to be considered. Ridley stated that the issue was addressed at the November Parks Commission meeting. Kim Kuhn, President of the homeowners association and resident of 828 Trotters Ridge, addressed the Council and said that a Sienna document states in October of 1988 Sienna Corporation wanted to take the outlots and incorporate them from Bridleridge 2nd Addition into the homeowners association and they unintentionally included Outlots C and D. City Attorney Sheldon stated that the letter has been correctly reflected in the opinion given to the City Council by the Attorney's office. He said that the letter states that Sienna Corporation owns the property but it is subject to the declaration of covenants and conditions and restrictions that was filed in Bridleridge, but the land can still be rezoned. Jim Johnston, representing the Sienna Corporation, addressed the Council and stated that Sienna does own the outlots and they are encumbered by the private covenants of Bridleridge. Don Patton, representing D.R. Horton, addressed the Council and said that they are willing to custom grade two lots to save more trees. Bill Nyman, 865 Trotters Ridge, addressed the Council and stated he was concerned about accumulative tree loss with the installation of the sanitary sewer line. He said he was also concerned about the cul-de-sac design. OOOO? EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 7,1997 PAGE 7 Senior Planner Ridley clarified that the original Gardenwood Ponds development plan of 1993 did not incorporate the outlots in the development because they did not own the property. He said that since they acquired the outlots, there has been a redesign of the development plan to incorporate the additional land. Mr. Patton said that only 18.3% tree loss is expected and possibly even less with custom grading of some of the lots. Council member Wachter stated that the Council is very concerned tree loss. Mr. Patton said that leaving trees on the site is a benefit to the buyers and adds great value. Councilmember Wachter noted that he was a proponent of keeping the cul-de-sac at 500 feet. A videotape of the trees in the area was shown and pictures were also presented. Mr. Patton indicated that no trees would be removed to accommodate the location of the trail. Mayor Egan noted that the house footprint was generating the most concern in regard to tree loss. He asked the City Attorney if the City would be able to regulate the number of trees that can be removed if it is less than the City's threshold requirements under the Tree Preservation Ordinance. City Attorney Sheldon said that the number of trees to removed either meets the Tree Preservation Ordinance or does not. Mary Nyman, 865 Trotters Ridge, addressed the Council and stated she was concerned about the accumulative loss of trees in the area. Councilmember Awada said that the only reason to grant the variance for the cul-de-sac is to create more lots. Councilmember Blomquist concurred. Doug Fuller, 853 Trotters Ridge, addressed the Council and added that the existing plan does not encroach into the tree line but the new plan does encroach and the tree loss is significant. He said there is no compelling reason to change the zoning of Outlots C and D. He requested that custom grading on Lots 3 - 6 be made a condition of the Council's approval of the subdivision, if it is approved. Mr. Johnston commented that they were not included in Joe Miller Homes' application process and the plan left an acre and a half of their property without appropriate use or road access. He stated that the original plan, as submitted, was inappropriate and did not take the needs of the landowner into account and would condemn their acre and a half to free open space. Councilmember Wachter noted that whatever the Council action, the developer and the landowner will have to work together to eliminate the problem. Councilmember Blomquist stated she is not in favor of the loss of more trees. She questioned how many times trees are allowed to be removed and when is the 20% requirement met. She suggested this should be examined if it is not already covered in the ordinance. Mayor Egan agreed and said that an aggregate gross amount should be set in regard to how many trees are allowed to be removed. CouncilmemberWachter moved, Councilmember Awada seconded a motion to approve a Rezoning of 1.52 acres from PD R-1 (Planned Development - Single Family) to R-1 (Single Family). Aye: 5 Nay: o Councilmember Wachter moved, Councilmember Masin seconded a motion to deny a Preliminary Subdivision consisting of 15 lots on 18.56 acres and a Variance of 200' to allow a 700' cul-de-sac, located north of Northview Park Road, west of Trotters Ridge and southwest of Bald Lake in the NE 1/4 of Section 23. Aye: 5 Nay: 0 Councilmember Awada stated that the purpose of a variance is for betterment of the property and EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 7,1997 PAGE 8 00008 only when a hardship exists. She also requested that the City Attorney prepare Findings of Fact. REQUEST FOR RECONSIDERATION, GREG AND MARILYN ROUNDS UTILITY CONNECTION, 3170 PILOT KNOB ROAD City Administrator Hedges provided an overview on this item. He said it would be appropriate for the Council to consider a motion for reconsideration of the Council's action of November 4, 1996. Mayor Egan asked if there were any changes in the circumstances since the last time this item was before the Council. Hedges said that there may be evidence pertaining to the issue of public/private installation. Council member Blomquist noted that the City Code does not allow a newly created lot to share a private water system, but she noted that this is not a newly created lot. Mayor Egan recalled that when Pilot Knob Road was improved the Council required all the lots along Pilot Knob had to have utility connections installed publicly. Councilmember Blomquist stated that it is her understanding that the Rounds have two separate lots of record. Director of Public Works Colbert stated that according to City records, the Rounds' parcel is recorded as one lot. Councilmember Blomquist questioned why there is a separate driveway access to the Rounds' property. Colbert stated that a second driveway access was installed at the property owner's request when Pilot Knob Road was upgraded in case there was an eventual waiver of plat or lot split in future years. Councilmember Awada moved, Councilmember Wachter seconded a motion to reconsider the Council's action of November 4, 1996 concerning the utility connections for 3160 and 3170 Pilot Knob Road. Aye: 5 Nay: 0 Council member Awada stated that it will probably never be determined if the utilities were installed publicly or privately. After reviewing several options proposed by Director of Public Works Colbert, she suggested allowing a one inch water service to be installed between Lots 20 and 21 as an option. Mayor Egan noted that if a problem occurs with the newly installed line, per the proposed plan, it will not impact the other property owners' service and vice versa. Director of Public Works Colbert indicated the installation of the line between Lots 20 and 21 is acceptable and would be shorter distance. He added that he contacted Weierke Plumbing and they indicated that the cost estimate would be about the same to make the connection to either Jurdy Court or Pilot Knob Road. Discussion continued regarding the most appropriate option for the installation of the utilities. Councilmember Awada moved, Councilmember Wachter seconded a motion to add the option of allowing a new one inch service water service from Jurdy Court between Lots 20 and 21 if a private easement is acquired by the property owner with sanitary sewer connections to be according to City standards. Mr. Rounds addressed the Council and stated that there is an easement between Lots 19 and 20 that is shown on the Bonestroo Rosene plan. Colbert referred to a construction design drawing which accurately reflects the sanitary sewer between Lots 19 and 20 and acknowledged there was a notation that indicated there was a 15 foot utility easement as per the Donnywood plat. He said this construction plan was prepared, and the construction was performed, in the summer and fall of 1973. He further said that when the Donnywood plat was recorded at Dakota County at the end of November of 1973, after the utilities were installed, it inadvertently dedicated the easement between Lots 18 and 19, even though the sanitary sewer was constructed between Lots 19 and 20. He stated that the construction record plans are not accurate in this regard. Mrs. Rounds said that they spoke to the people who owned the home on Lot 20 and they told them there is a dedicated ten foot easement on the east/west property line. Colbert added that this is not shown on the Donnywood plat that is recorded at the County. Councilmember Wachter suggested that the Rounds bring in proof that there is an easement between Lots 19 and 20. 00009 EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 7,1997 PAGE 9 Mr. Rounds asked why there would be a problem with horizontally piercing a line between the lots. Colbert indicated that there is not a problem with the method of construction, but there needs to be an easement to allow the construction. Councilmember Awada said that if the Rounds can prove there is a recorded easement between Lots 19 and 20 and/or Lots 20 and 21, they should submit this information, otherwise they will need to get a private easement between Lots 20 and 21. Colbert noted that he spoke to the County officials and they said a water connection could be made to Pilot Knob Road, if it were the only option available. A vote was taken on the motion. Aye: 5 Nay: 0 ~ PRELIMINARY SUBDIVISION - MICHAEL J. RASK (SOUTH OAKS 2ND ADDITION) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Michael Rask, applicant, addressed the Council. Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve a Preliminary Subdivision consisting of two lots on .87 acres for property currently platted as Lot 1, Block 1, South Oaks Addition, located at 4560 East Greenleaf Drive, subject to the following conditions: 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: A1, B1, B3, C1, D1, E1, F1, H1 2. The property shall be platted. 3. A cash water quality dedication shall be required for the proposed Lot 2. 4. A cash park and trail dedication shall be required for the proposed Lot 2. 5. An Individual Lot Tree Preservation plan shall be submitted with the building permit for the proposed Lot 2. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT - OAK HILLS CHURCH City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. He added that the easterly property owner has requested that his seven acres be removed from consideration of the amendment. Rod Carlson, Pastor of Oak Hills Church, addressed the Council and provided the history of the church and added that they would like to locate their church in Eagan and feel they would be good neighbors. Paul Page, landscape architect, addressed the Council and discussed the revised site plan and access points. He noted that there would be approximately 25% to 30% tree loss on this site. EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 7,1997 PAGE 10 00010 Mayor Egan noted that the County's right-of-way requirements are different along Yankee Doodle Road. Director of Public Works Colbert indicated that the County continues to increase right-of-way requirements as they become more informed about long-term traffic projections. He said that one of the concerns with the revised proposal is that the intent of the upgrade to Yankee Doodle Road is to eliminate accesses for individual parcels and that there should be some type of common drive with a cross easement for this development. Sandy Malmquist, 3494 Coachman Road, addressed the Council and she is concerned with the preservation of the wildlife and trees and the increased traffic. Councilmember Awada said that this is an application for a Comprehensive Guide Plan Amendment which is not giving approval to their plan for a church but only changes the land use designation. Ms. Malmquist noted that she is not opposed to having a church in their neighborhood but would like to be kept informed. She asked what the Council intends to be done with Mr. Kim's parcel of property. Councilmember Awada asked if the land use designation could legally be changed on all 14 acres of land. City Attorney Sheldon said it could. Councilmember Blomquist stated that the traffic generated by a church would be much less than what would be generated from high density residential. Art Malmquist, 3494 Coachman Road, addressed the Council. Mayor Egan noted that the application would have to meet the City's Tree Preservation Ordinance. Councilmember Awada moved, Councilmember Blomquist seconded a motion to approve a Comprehensive Guide Plan Amendment to change the land use designation on the entire 14 acres from D-III Mixed Residential to PF Public Facilities that would allow construction of a church on the southeast corner of Yankee Doodle Road and Coachman Road. Aye: 5 Nay: 0 City Administrator Hedges stated that there is going to be a combined meeting of the Dakota County League of Governments and Dakota County Mayor/Managers group on January 17 and said any member of the Council is welcome to serve as a participant of the symposium. He also noted that there will be a meeting tomorrow at the Valley Lounge with legislators, County Commissioners and Small Business Association members to discuss the issues regarding TH 13. He noted that a calendar listing the various meetings for the month of January will be sent out to the Council. Councilmember Wachter said that at the meeting tomorrow with the legislators he would like to discuss how much is being paid toward fiscal disparities and also what the City is paying in property taxes for the Minnesota Valley Transit Authority. Councilmember Masin stated that on January 16 the League of Women Voters is having a meeting on fiscal disparities. She added that in regard to the MVTA, transportation funding will be discussed at the meeting on January 17. She further added that the opt-out, suburban transportation organizations will be having a meeting with the legislators on January 21. PROPOSED LEGISLATION TO AMEND MINNESOTA STATUTE 473.858 City Administrator Hedges provided an overview on this item. He said that it would be appropriate for the Council to take action endorsing the proposed amendment. Councilmember Awada suggested sending letters to other communities stating the City of Eagan's position. 00011 EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 7,1997 PAGE 11 Council member Blomquist moved, Councilmember Wachter seconded a motion endorse the proposed amendment to statute 473.858 and direct the City Administrator to send letters to our legislative delegation and other communities. Aye: 5 Nay: 0 ~ A member of the audience congratulated Council member Blomquist on her election to the City Council. ~ Director of Public Works Colbert noted that the Mayor and Councilmember Masin had received calls from Burr Oak Hills residents who were concerned about MnDOrs requirement to construct a bypass lane on TH 149 to allow through traffic to drive around those who are stopped waiting to make a left hand turn into the recently approved Gopher Resources development. He said that MnDOT is going to require that the northbound bypass lane be constructed as a continuous lane into the existing right turn lane onto Rolling Hills Drive. He further said that the residents are concerned about through traffic coming into, what is now, a protected right turn lane. He added that MnDOT does not feel this is a safety concern. He further added that if the residents still feel there is a safety issue a neighborhood meeting could be coordinated. He also commended Arnie Erhart for his efforts in regard to snow removal during the holidays, especially during his and Tom Struve's absence. City Administrator Hedges also commended the Street Department on their snow removal efforts. He discussed the savings the City will realize as a result of switching insurance carriers for life, A D & D and long term disability coverages. Council member Wachter noted the difference in the bid received for the Cliff Road Reservoir demolition. Councilmember Wachter asked if the expansion of the zoo would utilize the same sewer line as is established now and the impact to the City of Eagan. Colbert stated that the downstream line through the City is properly sized to handle any anticipated expansion. Councilmember Masin commented on the notice received about the Youth Forum and she noted that nothing has been done since the first forum was held. She cited the City of Falcon Heights as an example of an intergenerational city. She said that in the November issue of the Cities Magazine there was an article about the Iron Range Youth Program which promotes the involvement of youth in decision making and leadership roles. City Administrator Hedges stated that there is a grant that the City could seek. Council member Wachter asked if it would be possible to hold the youth programs at the school instead of at the Wescott Hills building. Councilmember Masin mentioned that the programs typically are more successful if the facilities are brought into the neighborhoods. Councilmember Wachter stated that the issue should be explored further. Councilmember Blomquist noted that more time should be spent in lobbying about fiscal disparities. She commented that the Council and staff need to be more user-friendly and work with residents to resolve issues. Mayor Egan noted that the Council and staff are generally user-friendly, but there is always room for improvement. Councilmember Wachter stated that he would like more information on the revenue report on property taxes in the budget. In regard to the bills, he had questions on pages 1, 14 and 21. Councilmember Blomquist also had several questions regarding the bills. She questioned why so much is being spent on oak wilt and if the City is being reimbursed. Councilmember Awada stated that the Council has felt this is a priority. City Administrator Hedges stated that he would provide clarification EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 7,1997 PAGE 12 00012 to Councilmember Wachter's and Council member Blomquist's questions. ~ Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register dated January 3 in the amount of $3,102,972.90. Aye: 4 Nay: 1 (Councilmember Blomquist abstained) ~ The meeting adjourned at 9:50 p.m. to an Executive Session. MLK January 7, 1997 Date ~UJ9 City Clerk If you need these minutes in an alternative form such as large print, braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454- 8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance.