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03/18/1997 - City Council Regular 00089 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota March 18, 1997 A regular meeting of the Eagan aty Council was held on Tuesday, March 18, 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 aty Administrator Tom Hedges, Senior Planner Lisa Freese, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. .RENP~ Councilmember Wachter moved, Councilmember Masin seconded a motion to adopt the agenda as presented. Aye: 5 Nay: 0 JJJmIn$:,Of'T8E1MAlCII:t;51!fl:HJ;~-'IMG Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve the minutes as presented. Aye: 4 Nay: 0 (Councilmember Awada abstained) 81NIJTES OF1HE.FEIIRUARY'J.~"f797.SPECIAL MEETING Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 MINUJE~Olmlfl'RJJ.Q.1'25iZ;I"1:~..1~~"lD'ING Councilmember Wachter moved, Councilmember Blomquist seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 "INUTES:O'.:ntE~CH4,j'97 SPECIAL'lGETlNG Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve the minutes as presented. Aye: 4 Nay: 0 (Councilmember Awada abstained) alP~1:'lfQfT'If~'.'USINl$S POLICE AND FIRE DEPARTMENTS: DIRECTION REGARDING FOURTH OF JULY FIREWORKS DISPLAY City Administrator Hedges provided an overview on this item and discussed the various scenarios being proposed for the Fourth of July celebration. He also noted the costs incurred by the City of Eagan and stated that the $ 1 0,000 being given by the City will only purchase approximately ten minutes worth of fireworks. Mayor Egan said that the community should be made aware that the aty will accept donations to help defray the cost of the fireworks. Ann Carlon, Executive Director of the Eagan Convention and Visitors Bureau, stated that the ECVB will be hosting events on Friday and Saturday and she noted that the carnival will run through Sunday afternoon. She added that the Lion's Oub would be willing to participate in the celebration if the beer tent is ;allowed on a central site. Councilmember Awada questioned if $10,000 would provide an adequate fireworks display. City Administrator Hedges provided an explanation on what the $10,000 would fund. He reiterated that it would purchase approximately ten minutes worth of fireworks. He asked for suggestions on how to acquire additional funding. Councilmember Wachter said that the community should be challenged to contribute to the cost of the fireworks. Police Chief Geagan indicated that the amount of fireworks needed would have to be known in approximately 60 days prior to signing a contract with a vendor. Councilmember Blomquist stated that there is interest in the community to help ensure the Fourth of July celebration takes place. She suggested that collection containers could be placed in area businesses. Geagan said that other organizations have tried this as a means of fundraising with limited success. Mayor Egan mentioned that direct solicitation of businesses may be Regular Eagan City Council Minutes March 18, 1997/Page 2 00090 warranted. He referenced a petition that was signed by many residents showing their interest in preserving the Fourth of July celebration. Discussion occurred regarding the three proposed scenarios. Councllmember Masin supported the traditional fireworks display. Councilmember Blomquist asked for more Information on the lower fireworks show. Ann Carlon provided information and stated that Sky Hill Park would accommodate a ground display of fireworks so that it would be visible to a wide audience. Mayor Egan commented that he would like to see the other Fourth of July events maintained near Sky Hill Park. Councilmember Wachter stated that he preferred the fireworks display that would be visible to the most people. City Administrator Hedges said that the neighborhood residents adjacent to Sky Hill Park need to be notified of the Fourth of July events. Staff was directed to proceed with a lower fireworks display to synchronized music, provide staff support as has been done in past Fourth of July celebrations, and the Convention and Visitors Bureau, along with the community, are to plan and coordinate the traditional celebratory events. COMMENDATION TO POLICE CHIEF GEAGAN Mayor Egan commented on the first community notification meeting that was recently held in the City of Eagan for the purpose of informing the community about a soon to be released Level ffI sex offender in the City. He also commented on the number of people in attendance. He commended Police Chief Geagan for his efforts in conducting the meeting. He presented Chief Geagan with a commendation on behalf of the City Council. Chief Geagan thanked the Police Department staff along with various other City departments for their assistance. He said that he was proud of the community for the responsible conduct that was displayed. 'RESENTAnON.'METRO~ DEVELOPMENT PARTNERSHIP aty Administrator Hedges introduced David Piggott, Executive Director of the Metro East Development Partnership. Mr. Piggott provided an update on the Partnership stating that they concentrate primarily on arranging commercial and Industrial real estate deals. He explained the difference between the Metro East Development Parntership and the Dakota County Economic Development Partnership. ~lfSENT ~GENDA In regard to Item A-I, Adiust the entrY level salal'V for a student concession worker to $4.75 oer hour and. if still emoloved on Seotember 1. 1997. raise that amount to $5.15 oer hour to comolv with the new minimum wa2e re2Ulations. Councilmember Blomquist stated that concession rates should be raised to cover the increase in the minimum wage rate. In regard to Item I, Aoorove Resolution reauestin2 variance to Dakota County Soacin2 Guidelines (Lone Oak Rd.). Councilmember Wachter asked for clarification regarding the request being made by Opus Corporation. Director of Public Works Colbert explained the request to allow a right-inlright-out access from Lone Oak Road. He also discussed the other access locations. In regard to Item M, Resi2nation. Randall Ahem - APRNRC, Councllmember Blomquist requested that the resignations of advisory commission members be tracked and vacancies filled more quickly than In the past. She said Mr. Ahem's position on the Commission should be filled as soon as possible. Direction was provided to send a letter to the alternate member of the APRNRC, Jerry Farlee, appointing him to the vacant position. Direction was also provfded to see if there are any previous applicants interested in the position and to advertise in the newspaper. In regard to Item R, Proiect 715. Receive feasibility reoort/order oublic hearin2 (Heine Strasse - Street Rehabilitation), Director of Public Works Colbert asked for direction regarding Lots 1 and 2. Councilmembers concurred that Lots 1 and 2 should be Included as part of this project. A. Personnel Items 00091 Regular Eagan aty Council Minutes March 18, 1997/Page 3 Item 1. It was recommended to adjUst the entry level salary for a student concession worker to $4.75 per hour and, if stili employed on September 1, 1997, raise that amount to $5.15 per hour to comply with the new minimum wage regulations, Item 2. It was recommended to approve the hiring of Brian Banaszewski as a seasonal Park Maintenance Worker and Ryan Rausch as a seasonal Ballfield AttendantlParks Maintenance Worker. Item 3. It was recommended to accept the resignation of Mark Ploof from his position as a part-time Building ~alntenance Worker. Item 4. It was recommended to approve the hlrlni' of Grfiory Mann as a part-time Building Maintenance Worker, subject to successful completion of the City's physical examination requirements. B. A~rove Public Safety Dlsoatch Amement - Oty of Rosemount. It was recommended to approve the Public afety Dispatch Agreement - Oty of Rosemount. C. ADorove Amendment to the ICMA Deferred Comoensatlon Plan. It was, recommended to approve the 97.20 amendment to the leMA Deferred Compensation Plan. D. Proclamation, Bumsville-Eastan Public Access Volunteer Appreciation Day. March 21. 1997. It was 97.21 recommended to proclaim Friday, March 21, 1997 as Bumsville/Eagan Public Access Volunteer Appreciation Day. E. A~ointment Solid Waste Abatement Commission business reoresentatlve. It was recommended to appoint John apper of Gopher Resources to fill the business representative vacancy on the Solid Waste Abatement Commission and to appoint Susan Bast, the current commission alternate, to fill the remainder of Mr. Tapper's resident representative position. H. ADorove Resolution reauestlnst advance of 1998 MuniciDal State Aid Street 2aS tax allocation. It was recommended to approve a resolution requesting an advance of the 1998 Municipal State Aid construction 97.22 account and authorize the Mayor and Oty Oerk to execute said resolution. 97.23 J. Final SubdMsion. South Oaks 2nd Addition. It was recommended to approve a Final SubdMslon for South Oaks Second Addition consisting of two lots on .87 acres for property currently platted as Lot 1, Block 1, South Oaks Addition, located at 4560 Greenleaf Drive. K. AoDrove Meter readln2 setvices contract - RMR Setvices. It was recommended to approve the extension to the meter reading setvices contract - RMR Services. L. Resolution AODrovfn2 Comorehenslve Guide Plan maD. It was recommended to approve a resolution 97.25 updating the Comprehensive Plan to Include changes approved throuih December 1996. 97.24 M. Resi2natlon. Randall Ahem - APRNRC. It was recommended to accept the reslin3t1on of Randall Ahem from the Advisory Parks, Recreation and Natural Resources Commission and make a determination regarding filling the vacancy. 00092 Regular Eagan City Council Minutes March 18, 1997/Page 4 N. AcceDtance of 2rant funds: LibraI'V Services Grant. It was recommended to acknowledge receipt of grant assistance to benefit Wescott programs through a Library Services Grant funded by the State Department of Children, Families and Learning; designating School District 196 Family Services Collaborative as the fiscal agent. O. Recommendation, Airoort Relations Commission - Urban Revitalization Pro2ram Position. It was recommended to approve correspondence consistent with the Oty's legislative program position concerning the Urban Revitalization and Stabilization Program. P. Reouest for Dublic hearin2 - Certification of delinouent utilities - May 6. 1997. This Item was Inadvertently placed on this City Council meeting agenda. It has been scheduled to be placed on the April 1 aty Council agenda. Q. Proiect 714. Receive feasibility reoort/order Dublic hearln2 (Donald Ave. - Street Rehabilitation). It was recommended to receive the feasibility report for Project 714 (Donald Avenue - Street Rehabilitation) and schedule a public hearing to be held on April 15, 1997. Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 DJ.P'BUSINESS REZONING & PRELIMINARY SUBDIVISION - ROYAL OAKS REALTY City Administrator Hedges provided an overview on this item. Senior Planner Freese gave a staff report. Councilmember Awada suggested suggested shifting 120th Street to the north. Director of Public Works Colbert said that option would have to be further investigated. Discussion occurred regarding when the area of Rosemount would be developed necessitating the extension of 120th Street. Councllmember Wachter stated that additional traffic will be generated by entering into a global agreement with Inver Grove Heights and that poses a larger dilemma. Mayor Egan said that a second access is needed. Councilmember Blomquist stated that a plan is needed to accommodate future development to the east and south before a sound decision can be made. Councilmember Wachter noted that 120th Street is likely to be extended in Rosemount in the near future. Mayor Egan asked if the City of Rosemount would object to the realignment of 120th Street. Colbert said he was unsure if Rosemount would be agreeable to the realignment and he questioned the economic feasibility of the right-of-way acquisition. Councilmember Awada suggested the option of eXtending Sycamore Drive and dedicating one of the lots in the proposed Evergreen Addition as an outlot in addition to overlaying 120th Street and Gun Club Road. Mayor Egan noted that additional traffic will be generated from Inver Grove Heights and that needs to be addressed. Colbert indicated that development in Inver Grove Heights will not be as Intense near 120th Street as it will be farther to the north. Mike Black, representing Royal Oaks Realty, stated that they have attempted to provfde a secondary paved access. He said that between 90-95% of construction traffic can be controlled through proper notification and signage. He further said the dedication of an outlot Is a reasonable alternative. He added that many issues need to be addessed with the Oty of Inver Grove Heights. He discussed the advantages of upgrading Gun Club Road and 120th Street. He said that a request was made to close Sycamore Drive and they would not be agreeable to that option. Reid Hanson, attorney representing the Martozkes, said that the offer to upgrade 120th Street and Gun Club Road is very generous. Mayor Egan commended the applicant on working toward a solution. He 00093 Regular Eagan City Council Minutes March 18, 1997/Page 5 acknowledged that a petition was received from the residents. He added that the Council had never approved a subdMsion that barricaded access to another public street and he would not be inclined to barricade access on Sycamore. He said the main goal Is to find a second access to TH 3. Councilmember Awada concurred. She added that finding a second access to TH 3 should be apriority. Discussion occurred regarding if staff time should be spent investigating an alternative design layout for a second access to TH 3. Tom King, 4800 Weston Hills Drive, stated he was concerned for the safety of the children in the neighborhood. Several neighborhood children were present and Mr. King referred to them stating that their lives should not be put in danger by increasing the traffic flow in the adjacent development. Councilmember Masin asked if the children are allowed to play in the street. Mr. King indicated that the children have to cross the street to access the park. Brian Nevanen, 555 White Pine Way, said that not restricting traffic through developments via Sycamore Drive would only be temporary until a more permanent solution could be worked out. He further said this would give the City time to study a long-term plan. Mayor Egan commented that the upgrade to Gun Oub Road and 120th Street would provide the secondary access and would also result in reduction of traffic through the adjacent development. Bruce Malkerson, attorney representing Royal Oaks Realty, stated the application is 100% in conformance with the SubdMsion Ordinance. Councilmember Awada said that the aty Council has no right to deny access to Sycamore Drive. Councilmember Wachter noted that he is not against the development but wants to see 120th Street eventually extended to TH 3. He said he was not in favor of a global agreement with Inver Grove Heights. He further said he does not support the extension of sewer and water to Inver Grove Heights. He stated that he supported the upgrading of 120th Street and Gun Club Road. Councllmember Blomquist stated that the City has no legal right to block off Sycamore Drive. She also stated she does not support extending sewer and water to Inver Grove Heights. Mayor Egan added that the City Council is not being asked to approve the extension of water and sewer to Inver Grove Heights with the approval of this plat. Director of Public Works Colbert clarified that condition 16 of the plat approval would allow for an 8-inch watermain to be extended to the east edge of the plat. Councilmember Awada asked if the City provides the watermain would they be required to supply the water. City Attorney Sheldon stated that the Oty would not be obligated to supply the water. Discussion continued regarding the possible implications of stubbing roads and watermain to the City of Inver Grove Heights. Mayor Egan said that he would not suggest that any of the conditions should be eliminated with the approval of the plat. Further discussion occurred regarding provfding staff direction to research the possibility of extending 120th Street as long as there is no Impact to more Important priorities. Councilmember Blomquist suggested this research be included as part of the update to the Comprehensive Guide Plan. Mr. Black indicated that the plat name could be changed prior to the approval of the final plat. Councilmember Awada moved, Councilmember Masin seconded a motion to approve a Rezoning of 20 acres from A, Agricultural to R-l, Single Family Residential, consisting of the east 20 acres of the SE 1/4 of Section 36. Aye 5 Nay: 0 Councilmember Awada moved, Councllmember Masin seconded a motion to approve a Preliminary Subdivision (Evergreen), consisting of 56 single-family lots on 40 acres of unplatted property located east of Gun Club Road and south of Red Pine Elementary School in the SE 1/4 of Section 36 subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: AI, Bl, B2, B3, B4, Cl, C2, C3, Dl, El, HI. Condition A 1 shall be modified to defer the trunk area charges on Lots 1 3 and 14 until further developed or connected to utilities. 00094 Regular Eagan City Council Minutes March 18, 1997/Page 6 2. The property shall be platted. 3. Lots 4 and 5, Block 2 are approved with a variance to the lot width as shown on the Preliminary Plat dated December 17, 1996, last revised December 31, 1996. 4. Outlot A shall be eliminated in the Final Subdivision, either incorporated as part of Lot 14, Block 4, or enlarged to minimum R-l standards as Lot 5, Block 1. Gradin2lStorm Draina2e 5. The outlet pipe from the proposed water quality pond to Pond LP-23 shall be extended to the normal water level of Pond LP-23. 6. Storm sewer and catch basins shall be provided at the intersection of Sycamore Drive and Spruce Street. Wedands/Water Ouality 7. The development shall meet its water quality mitigation requirements through construct/on of a detention pond. The design of the pond must be approve by the Water Resources Coordinator. 8. An ungraded buffer at least 15 feet in width shall be maintained around the wetland on the western parcel. 9. Filling or draining of wetlands shall be prohibited. Access/Street Desi2n 10. Rural pavement overlay of 120th Street and Gun Club Road, funded by the developer, shall be required and prior to any further subdivision of this property, a permanent secondary access must be provided. Easements/Ri2hts of Way /Permits 11. A ponding easement shall be dedicated over Pond LP-23 on Lots 13 and 14, Block 4 to cover the high water level plus three feet. Tree Preservation 12. 431 trees shall be transplanted to Hidden Comer Park, Red Pine Elementary School, and to within the Evergreen development site in the distribution as identified In the Planning staff report dated January 28, 1997. The developer shall arrange for and bear the cost of all transplant operations. The developer will not be responsible for maintenance of trees transplanted to public property. The developer will be responsible for maintenance of trees transplanted within the development site according to the provisions of the City's Tree Preservation Ordinance. 13. Tree Protective Measures (i.e. 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 14. The developer shall contact the Oty ForeStry Division at least five days prior to the Issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. 15. A revised tree preseI'Vatlon plan including those lots not proposed to be graded during the initial site development shall be prepared and presented to the Advisory Parks, Recreation and Natural Resources Commission for revfew and recommendation prior to final subdivision approval. 00095 Regular Eagan City Council Minutes March 18, 1997/Page 7 16. An 8-lnch watermaln shall be extended to the east edge of the plat between Lots 4 and 5, Block 2. 17. The owner and/or developer shall dedicate upon the plat Outlot A for the future construction of 120th street. The owner/developer shall grant to the City an option for a period of five years to acquire the property for one dollar for street purposes. Aye: 3 Nay: 2 (Councilmembers Wachter and Blomquist opposed) Councilmembers Wachter and Blomquist noted that they were not opposed to the project but rather were concerned with the Impacts to the neighborhoods as a result of future development in Inver Grove Heights and were not in agreement with provfding sewer and water extensions to Inver Grove Heights. AMEND CONDITIONS OF APPROVAL - TOWN CENTRE 70 NINETEENTH ADDITION City Administrator Hedges provfded an overview on this item. Senior Planner Freese gave a staff report. Craig Mattice, applicant, showed the proposed new building materials to the City Council. Mayor Egan noted that staff was concerned about maintaining a consistent, commercial theme In the area. Councilmember Wachter said that the applicant should have known the cost of the roof prior to going ahead with the project. He further said he would support the change in the brick but not the change in the roof material. Councilmember Awada concurred. Mr. Mattice said that he was Informed by his architect and engineer that the cost for an asphalt roof and a metal roof was very similar. He further said that he does not have the capital necessary to pay the additional $22,000 it 'would cost for a metal roof. He added that the asphalt shingle roof will be more compatible with the apartments across the street. Senior Planner Freese noted that this design guideline Is a condition of subdMsion approval. The metal roof and brick building materials of this building were to set the design standard for the rest of the subdivision. She said that the metal roof is of a more commercial nature than an asphalt roof. Mr. Mattice stated that it is contradictory to require brick for the purpose of fitting In well with the residential neighborhood and then requiring a metal roof so that the building carries a commercial theme. Councilmember Masin said that the asphalt roof looks classier than the metal roof. Mayor Egan asked for clarification as to why the brick was required which appears to be in conflict with the reason for requiring a metal roof. Freese Indicated that the intent of requiring the building materials specified, Including the metal roof, was to provide a consistent design theme for future development on that corridor. Mr. Mattice stated that in talking with City Planning staff he was told that If his initial request for the car wash had not included a metal roof it would not have been required. Mayor Egan said he was willing to support the change in the brick and roof materials. Councilmember Awada moved, Councllmember Masin seconded a motion to approve an Amendment to the Town Centre 70 Nineteenth Addition conditions of approval to allow different building materials than originally approved. Aye: 4 Nay: 1 (Councilmember Wachter opposed) Bml:IU.SINESS PRELIMINARY SUBDIVISION - GREGORY & VALERIE RATHMAN (RATHMAN ACRES) Oty Administrator Hedges provided an overview on this item. Senior Planner Freese gave a staff report. Councilmember Wachter stated that he Is concerned about Blackhawk Lake and wants to ensure that prospective residents do not use phosphorous in their fertilizer that will run off into the lake. Freese Indicated that would be difficult to monitor, but she added that staff could address that request in the development agreement. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a Preliminary 00096 Regular Eagan City Council Minutes March 18, 1997/Page 8 Subdivision, including Variances to certain provisions of the Shoreland Ordinance and Subdivision Code, consisting of eight lots on 15.2 acres for property located at 3760 Blackhawk Road in the southeast 1/4 of Section 1 7 subject to the following conditions: General Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: AI, Bl, B2, B4, Cl, C2, C3, Dl, El, Fl, Gl, and HI. 2. The property shall be platted. 3. The final subdivision shall not be approved until the existing barn on Lot 5 Is removed or until a building permit to construct a house on that lot, in conformance with all City Codes, is submitted. 4. All applicable R-l and Shoreland District zoning standards shall be met including setbacks and maximum building and impervious surface coverage. Gradin2lStorm Draina2e 5. The developer shall be responsible for installing and maintaining erosion control measures in accordance with the city's Erosion/Sediment Control Standards. Water Ouality/Wetlands 6. Water quality mitigation shall be satisfied through a cash dedication based on the area of the development excluding the already developed lot (Lot 2). Utilities 7. Prior to final subdivision approval, the developer shall submit a copy of the percolation tests demonstrating suitable locations for two drainfields for each of Lots 6 through 8. Streets/Access/Circulation 8. The developer shall be responsible for revising the existing roadway striping on Blackhawk Road to accommodate the proposed Skater Orcle intersection. Easements/Ri2hts of Way/Permits 9. Prior to final subdivision approval, the developer shall provide documentation verifying a private cross easement for access for Lots 6, 7, and 8, and provfde documentation verifying a private access easement benefiting Lots 6, 7, and 8 over the existing private street (RIverton Point.) These easements shall be recorded with the final plat. 10. Prior to final subdivision approval, the developer shall provide a consel'Vation easement extending a minimum of 100 feet back from the ordinary high water level of Blackhawk Lake, subject to the review of the aty Attorney. The conservation easement shall address fertilizer application, prohibit clear cutting, limit vegetation removal and prohibit placement of structures In easement area. Tree Preservation 11. Tree Protective Measures shall be installed at the drip line or at the perimeter of the Critical Root Zone, whichever Is greater, of significant trees/woodlands to be preserved. 12. The developer shall contact the aty ForeStry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. 0009? Regular Eagan City Council Minutes March 18, 1997/Page 9 13. IndMdual Lot Tree Preservation Plans shall be submitted at the time of building permit application for Lots 6, 7, and 8. Parks and Recreation 14. Parks and trails dedication shall be fulfilled throuih a cash dedication for Lots 1 and 3.8. ~ye: 5 Nay: 0 PRELIMINARY SUBDIVISION - MARK 81: KAREN FJELD (MOOSE RJDGE) City Administrator Hedges provfded an overview on this item. Senior Planner Frees gave a staff report. Karen Fjeld, applicant, noted that the application that the Advisory Planning Commission had approved provided for a five foot easement on each side of the proposed new south lot line. She said that now the City Attorney Is requiring that all ten feet of the easement should be located on the north side of the proposed new south lot line. She added that she Is opposed to the ten foot easement on her property. Freese Indicated that they were advised by the Oty Attorney to require the ten foot easement be located on the FJeld's property. Discussion continued regarding the appropriate location of the easement. Ms. FJeld stated that the original agreement regarding the purchase of the land does require dedication of a five foot easement on both sides of the new lot line. She further stated that the easement would be dedicated once the plat Is approved. Mayor Egan stated that the condition of approval could be modified to allow either a five foot easement on each side of the new south lot line, If the adJacent property owner Is a~eeable, or a ten foot easement would be required on the north side of the new south lot line. --- Councllmember Blomquist moved, Councllmember Wachter seconded a motion to approve a Preliminary SubdMsion consisting of one lot for property located at 3635 Wescott Hills Drive In the southeast 1 /4 of Section 1 4 subJect to the following conditions: 1 . The applicant shall provide at the time of final plat a ten foot drainage and utility easement. The easement requirement can be fulfilled by dedicating ten feet along the north side of the proposed new south lot line or by dedicating 5 feet along the new south property line and securing a five foot easement, by document, from the property owner of Lot 8, Block 4, Sunrise Hills Second Addition. 2. The property shall be platted. Aye: 5 Nay: 0 "'IGISLATlVE/lNTERGOVERNMENTAL AfFAIRS RESOLUTION REQUESTING LEGISLATION FOR ROAD UNIT CONNECTION FEES Oty Administrator Hedges provfded an overview on this item. He said that it was the desire of the aty Council to seek legislation, If the Supreme Court ruled against the City of Eagan in the Country Joe lawsuit, that would give the legislative authority to charge road unit connection fees and require no pay back for any of the costs that have been charged In the past. He added that there will be a rullni' by the District Court rei3rding reimbursement of costs. He noted that the legislative deleption has been contacted and was provided the opinion of the Supreme Court. Councllmember Blomquist asked for an update on Senator Wiener's position with rei3rd to this legislation. Hedges commented that he will be meetlni' with a drafter for the legislation and this will be pursued further with the legislative deleption. He added that Representative Pawlenty Is willing to Introduce the legislation In the House. Councilmember Wachter commented about a Minnesota Statute that allows municipalities to collect taxes for a variety of far-reaching purposes, but they are not allowed to collect fees to take care of the roads. Councilmember Blomquist stated that since the Oty can no longer collect road unit charges she is concerned that the Oty will not be able to collect any impact fees from the Oty of Inver Grove Heiihts with 000,98 Regular Eagan City Council Minutes March 18, 1997/Page 10 regard to the global agreement. Mayor Egan noted that the fee that would be collected from Inver Grove Heights would be directly connected to the road use and would be justified. Councilmember Awada moved, Councilmember Masin seconded a motion to authorize a resolution requesting legislation for road unit connection fees. Aye: 5 Nay: 0 Councilmember Blomquist asked for an update on the status of the bill relating to the Comprehensive Guide. City Administrator Hedges said that he and the City Administrator of Mendota Heights had understood that Representative Commers would be presenting a bill for legislation, but that has not occurred. He further said that Representative Pawlenty will be Introducing the bill, but it is unclear If there will be a companion bill In the Senate. He added that since It is a biennium, if the legislation is introduced now, even If It does not pass the floor this session, It would be possible to go back through the AMM's committee process and the bill would stili be active In the next session. Councllmember Masin commented on the Interesting speakers that were at the National League of Cities Conference. She said the main highlights Included, the siting of towers, electric deregulation, welfare reform, crime and transportation initiatives. She referenced a brochure entitled, "Federalism In Transition" and stated that there is an article which states that as the federal government Is trying to downsize, cities are most affected. She said that she will distribute packets to all the Councilmembers. Mayor Egan discussed the potential benefits to local municipalities as a result of deregulation of the electric utitilty Industry. He said that they were told that municipalities' third largest expense is electric energy and deregulation would result in significant savfngs. He noted that he met with Congressman Luther regarding a number of issues. He provided an update on the N.O.l.S.E. meeting he attended. IOl.IffJJY,ULE Senior Planner Freese asked for clarification with regard to the approval of the Royal Oaks application. She asked if It was the Council's Intent not to require indMdual tree preseI'Vation plans and to include the condition that requires the developer to submit a revised tree preservation plan. Councilmembers agreed with that interpretation. City Attorney Sheldon noted that the Council would need to hold an Executive Session following the City Council meeting to discuss litigation. aty Administrator Hedges requested the Oty Council set a Special aty Council meeting to meet with Beverly Miller of the Minnesota Valley Transit Authority. Councilmember Blomquist moved, Councilmember Wachter seconded a motion to set a Special aty Council for April 1, 1997 at 5:00 p.m. Councilmember Wachter noted that he prefers Special City Council meetings be scheduled prior to the regular City Council meetings. Councilmember Wachter commented on the number of bus benches In the Oty and said that It is difficult for City personnel to perform maintenance around them. Hedges said that the bus benches are utilized for advertising purposes rather than serving bus passengers, In some cases. He added that the aty needs to regulate the placement and number of benches. Councllmember Wachter said he was opposed to Messeril and Kramer lobbying for the tobacco induStry when they are lobbyists for the City. He mentioned that freeway advertising should be undertaken immediately when the new restaurant opens at the former Cracker Barrel site. Councilmember Masin said that the MVT A Is not responsible for regulating the placement of bus benches and stated that the Oty needs to adopt a bus bench policy. She noted that the Burnsvlfle Midget A hockey team came in second in a tournament In Grand Rapids. She mentioned that the people In Grand Rapids did a spectacular job In hosting the tournament and she said If the aty of Eagan hosts a similar event they should contact the City of Grand Rapids for a copy of their program. Councllmember Blomquist said she was approached by the Friends of the Library to see If their book sale could be held In the Community Room at City Hall. City Administrator Hedges stated that he would make sure the room is secured for that purpose. Councllmember Blomquist requested that Information regarding the 00099 Regular Eagan City Council Minutes March 18, 1997/Page 11 Airliner Motel redevelopment and Imre development proposals be provided to Merie Duff. She also had some questions on the list of bills. After referencing a bill for nearly $3,000 to Sam's Club, she requested that the list of bills clearly indicate which accounts belong to the Enterprise Fund and she also requested that more detailed information about the accounts be included. Mayor Egan announced that he Is a new grandfather. IBECK;UGISTER Councilmember Wachter moved.l. Mayor Egan seconded a motion to approve the check register dated March 14, 1997 in the amount of $1 ,2u8, 798.58. Aye: 5 Nay: 0 DJOURlmENT The meeting adjourned at 10:25 p.m. to an Executive Session. MLK March 18, 1997 Date If you need these minutes In an alternative fonn 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 staws with regard to public assistance.