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07/21/1998 - City Council RegularMinus of the Regular Council Mating on July 21, 1998 page 1 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan Minnesota July 21,1998 A regular meeting of the Eagan Cit t;Counci1 was held on Tuesday, July 21, 1998 at 6:30 p.m. at the Eagan Municipal Center. Present weie•-Mayor Egan and Councdmembers Wachter, Awada, Masin and Blomquist. Also present were City Admitt�ptr4WK.Tgm.#iedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, ao. ::�lEtgf �e'y',? ;S3teldon. .:::•: �►GENDA Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the agenda as presented with the addition of item X. to the consent agenda, the authorization of the submission of a federal grant application to assist with the purchase of in -squad cameras. Aye: 5 Nay: 0 i<SINUI'ES;;QFgTMJLJIY �:t998witEGULAR _MEETING Councilmember Blomquist move3* Councilrttember Awada seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 •. %tlNtli�ES�oF,�TxE Jul,Ytl, �998,�$ii�E'�CIALMEI:TIIVG Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 Councilmember Masin requested;ili8$:t]r¢:tMr'd sentence of the third paragraph on page 4 of the minutes from June 23,1998 be amended3d'i ead, "Mayor 4an mentioned that there is a teen center called the it Depot located in Hopkins. " Councilmember Bll7ijq' uist;moved, Councilmember Wachter seconded a motion to approve the minutes as amended. Ay6,.: S::;>tay::;a;;.- Councilmember Wachter asked to address the Council on a matter of concern to him. He read a letter he had received from Councilmember Blomquist's attorney pertaining to alleged defamatory comments he made to citizens of Eagan regarding Councilmember Blomquist. He expressed that he was hurt by this letter and did not appreciate thl?*:�ffitkon ofl.d".1Q iincil that detracts from their effective governance of the City of Eagan; hemadgpeufiC iifeiQifeP'tti'Coundlmember Blomquist's lobbying the County Board and costing the City unn6[7t85ary exb;&i . Councilmember Awada stated Bial this mgFt<i had been going on for some time and that there was a conflict of interest for Councdmeit�:$Td�1�p�s{.to:bwunethically using her position at Northwest Airlines for City purposes. Si ;-k... aided tltRf:Ibis:lstatter had been covered up at the request of Councilmember Blomquist, but that the issue has not dissolved and has caused the underlying friction on the City Council. She called for an ethics policy for the Council, but expressed concern that it would be ineffective and inappropriate for the Council to take action given the questionable ethics of its current membership. City Administrator Hedges informed the Council that staff has done research on this matter and has acquired the ethics poll ¢f tmtipiiit bxirtnesota cities through the League of Minnesota Cities; this matter can be on an po a -at }itgi>{�t¢; Councilmember Awada emphasized the importance of this matter being handled:isY yomeone othe #04n the current Council. Councilmember Blomquist den fEtlany involvement liy:unethical behavior and stated she had not attended the conference in question;;$De.bemRt►Aed•the;iYflcvillingness of the other Councilmembers to let this matter rest and stated that her coil" '$b -ON jgiowed a lack of Christianity and very Minutes of the Regular Council Mating on July 21, 1998 page 2 little concern for others. She expressed feelings of retaliation for the past six to eight months and further stated that this was not a matter that warranted City time. Councilmember Awada disagreed, saying that Councilmember Blomquist had in fact flown to Washington, D.C. on City business, regardless of her attendance at the conference and consequently behaved unethically. Councilmember Blomquist restated that this was not a matter for public debate on City time. Mayor Egan stated that this discgSlifan was beyond the scope of Visitors To Be Heard and that the Council should create a task force or q conun gsion to develop an ethics policy. He stated that the importance of such a policy would be to'Rtilsgi+2:Ayi0"- 9Ctiggrking environment for the five councilmembers and asked City Admini§6Wtor'iTcdgel.104i 8e this matter at the next workshop on August 4, 1998. DEP�CR`fA3ENTaHEAD'BUSINESS ICE SAFEIY POLICY City Administrator Hedges proiQid an oyerview on this item; he stated that this matter has come up due to incidents where citizens: ive falleA tJvough the ice in thin areas. City Administrator Hedges informed the Council that the Ai$Wory Pajri s Commission recommended adoption of Policy Option #1 and that Director of Parks ant}:i%creatio¢;Vraa was present to answer questions. Mayor Egan stated that this policy ii?tliAjgeitc3i1t3oziblces imminently good sense and supported the policy because of his concem that putting out inaccurate or unreliable information would pose a greater liability for the City, but the City should certainly be responsible for posting warnings pertaining to its own actions that may have made the ice unsafe. Councilmembers Awada and Wachter expressed agreement with Mayor Egan's comments; Councilmember Wachter further commented that it would be impossible to identify all problem areas and it would•be best to respond only to the areas for which the City is responsible. Councilmember Wachter moved;,f'' . oTier!Awada seconded a motion to adopt Policy Option #1 to establish City policy perta6iiig'tb'safety wprttings for ice conditions on lakes and wetlands. Aye: 5 Nay: 0 Councilmember Masin asked Director of Palk§'agif;i2eCreation Vraa to respond to several concerns. She relayed the concerns she'd heard from citizens iKho went to other communities for the 4th of July celebration, asserting that the City of Eagan doesn't have a place to celebrate anymore and entreated Director of Parks and Recreation Vraa to explain how the City of Eagan had arrived at such a predicament. Director of Parks and Recreation Vraa informed Councilmember Masin that a committee had been formed to find a location and had weighed various options according to their individual merits to arrive at this location. He furthersteted,that he had beard a good amount of positive feedback on the fireworks and stated that this wasgiycgxie: q:}st�tter public ublic oPinion. Councilmember �?sFt?:...... Merin restated that the fireworks and tijtj:rClebrati6{j:i!ve?4 re a big issue for the community. Director of Parks and Recreation Vraa responded tl4ihe firetiYFirks display is limited in size by the distance between the fireworks and the homes.:?:::;: City Administrator Hedges statf211ik 9G if hitSti?{p34&ed meetings on this matter and that the Council needs to establish criteria for evaluating verioiisTtistibns, and advised the Council to have the Advisory Parks Commission develop criteria and potential locations to review for future fireworks displays. Councilmember Masin asked why this hadn't been addressed before and why there had been no planning process to allow for this celebration. Councilmember Wachter asked Councilmember Masin to clarify what she was interested in plgfiaingthat,had not already been done. Councilmember Awada reminded Councilmember Masinroved d , ire kina a Parks System Plan. ....'�'.. • PP Y Councilmember Masin stated that the Cotiriai•had nWdfiiie:its job or fulfilled its responsibilities concerning the 4N of July Celebration or.:lSFtiilning for the fii't of recreation in the City. Mayor Egan stated that the COptydil is faced with mQ.:tough decisions pertaining to recreation. He emphasized the importance of prioi N2At p:R9: %ft¢ .;}i imp) j "views itsplans, noting that high visual fireworks displays are a priority for Coiiicl»iet}t9f:iVfaiiii::% Minutes of the Regular Council Meeting on July 21, 1998 page 3 Councilmember Blomquist called for a return to Parliamentary Procedure. Mayor Egan recognized the validity of Councilmember Blomquist's point and suggested that this matter be reviewed in the coming year, analyzing the displays of previous years and this year. Councilmember Awada asked for clarification, stating that she had.rtderstood that the Council had already asked the Advisory Parks Commission to prioritize within it50Vfn plan. Mayor Egan confirmed that the Council had given that direction and was currently following:ffiose priorities as resources are available, but stated that it was impossible to do all the improvements-#:gLFice.;:Cpys�Wber Masin asked for an example of when the Council had followed the rncoE(e1t(ppoP;tie:t4Oti#rission. Mayor Egan responded that the recommendation had been followed at Walaeri'f )eights pi'rk. Director of Parks and Recreation:—Vtiia informed the Council that the City of Eagan is in the' second year of its 5 -year CIP plan; he further stated that several projects have been completed and others are underway. Director of Parks and Recreation Vraa reminded the Council that the CIP would be reviewed with the budget and that would be an appropriate time to make amendments to the plan. Councilmember Masin said that reference to the plan should be made in the packet and in the minutes so that everyone is dear on the relation (fNa given agenda item to the S -year plan. Mayor Egan asked City Administrator Hedges to earmark ifCitts that pt iam directly to plans the Council has previously approved; he further stated that he consi4&d fami 4ity with the approved plans incumbent on all members of the Council. Councilmembel::l4asin stated that there was a difference between simply having a plan and having it referenced fo{,specific,agenda;itetns,, City Administrator Hedges explairied't}ie'C.I. pirot�55''to implement approved plans; he stated that the Council reviews the CIPs in December and if the budget is approved, the City proceeds according to the plan. City Administrator Hedges further explained that for items not in the plan or the budget, the proposals for those projects go to the Advisory Parks Commission and the City Council before implementation. Councilmember Masin stated that the City Council should conduct itself in a more goal -oriented manner. Mayor Egan responded that ihotouncil prepares plans for that reason and stated that the 5 -year CIP should address Councilgietii:tvf$s{n's concerns about goals. Coundlaiember Wachter stated that the 4 aE: i?l :triad ways been a good celebration, but that the reality is that there is no longer a large eiioiigii':space in Fagan to accommodate a large fireworks display. Mayor Egan stated that this was encritg?t:discus'sion on this matter and further discussion should be referred to a future workshop. In regard to Item D. Approve a resolution declaring intent to issue bonds to finance Aquatic aF cility Councilmember Blomquist expressed concern at the lack of information available about this matter and abstained on the vote. In regard to Item F. Stipulation, art:Aifl mr -to 6ffl lawsuit Bieter v City of Eagan ,r „ Councilmember Blomquist abstained. CQifi�almei h5vr Awada stated that the public needed to know about this matter and briefly reviewed tNt'potentiak'oittcome of Bieter v. City of Eagan. City Administrator Hedges said that any actiptt.taken aftee.settling the lawsuit will be subject to the public hearing process. Councilmembers Blomgm.rst And:kVai titer expressed support for the potential settlement. In regard to Item G. Contract 98-10. receive bids/award contract, Thomas Lake (Storni Sewer - Weir Outlet), Councamember Wachter expressed concern that the City underestimated by 24%, stating that this was an uncomfortable underestimation. Director of Public Works Colbert replied that this was a specialty structure and therefore difficult to gst.=te>:atating that they estimated using a larger model and learned that reducing the size of the pr "'id.:"41"...:3 rijy mean a proportionate reduction in cost. He said he was disappointed, but rWtiiiitomfortab 4:.Witb the estimate and the low bid. In regard to Item N.. Contract 9-20, receive bids/award contract (Aquatic Facility - Parking Lot Lighting), Councilmember BfomquiAY 6pressed concern:&ut the bid being 20% over the projected budget, stated that this issue has been haiif:k2:iAl1R aid s3ie) :tie hasn't yet seen the lighting plan. Councilmember Blomquist added that s#ig:iiviildbR;tiptiii itgi(inst this item. Minutes of the Regular Council Meeting on July 21, 1998 page 4 In regard to Item S. Consolidation of Aquatic Facility bids, Councilmember Blomquist stated that there was not enough information on this matter. Mayor Egan reminded Councilmember Blomquist that at the last meeting, the Council had learned that consolidating the contract would save the City $4,300. Councilmember Blomquist abstained. In regard to Item U. Resolution t6k*isider light rail transit hub, Councilmember Wachter asked if there was a specific location under consideration, for the light-rail transit hub. City Administrator Hedges replied that there was no specifi6:tocetipCouncilmember:s? itiie :at kdfs time. Councilmember Wachter asked about the timeframe for the planning process iii'r't}?e'ligitt Yatf Etansit system. City Administrator Hedges said that information was currerg :unavailable. Mayor Egan expressed support for the resolution, stating that he was impressed:by the presentation done at the Rotary meeting by Dakota County Commissioner Bataglia and County staff member Moratzka. Councilmember Blomquist notified the public that the committee would be looking for an interested resident to serve on the planning committee and those who are interested should contact City Hall. City Administrator Hedges further stated that the committee would also consist of an Eagan business owner. In regard to Item V. AAgprove C 6kc Or Wachter asked for information about wljat:percet Director of Parks and Recreation Vraa stat d that at this time. Councilmember Blomquist e6stainec uatic Facility pool slides, Councilmember the wood used would be treated wood. not have the specifications about treated wood In regard to Item E. Final Subdivi'sid'h tirid' Fiital'Plaiiiit!'d Development, Parks Real Estate for Prairie Oaks, City Administrator Hedges commented that Mr. Chris Moarn was in the audience and had requested to speak. Mr. Moam informed the Council that he was trying to address water quality issues pertaining to his proposal, but that he needed more time to do that and asked the City of Eagan to hold his check for 90 days while he worked on the water quality issues. Mayor Egan asked Director of Public Works Colbert for the staff recommendation on this matter,: A#Fector of Public Works Colbert stated that these issues are addressed in contracts end if *9 ds to be changed, it is done in the form of an amendment Director of Public Works:Cgliitsf:fii?Iier stated that the staff recommended the Council not hold the check, but invite Mr::}iAoarii back i( mendments were necessary in the future. City Attorney Sheldon stated that without ca'shinahe;57,000 i;teck the City of Eagan doesn't have an agreement with Mr. Moarn and expressed coiitkfti about, the vulnerable position of the City if the problem is not cleared up in the said 90 days. Meyiit:. enq�reed that the City should not hold the check. ..._: In regard to Item L. Project 743, receive feasibility report/order public hearing (Towerview Rd./Lemay Lake - Utilities), Director of Public Works Colbert apologized for being unable to complete the feasibility report in time for the Council packet and recommended scheduling the public hearing for September 1, 1998. In regard to Items D. Approve a:re3uliifioiYeiiariiip (ritent to issue bonds to finance Aquatic aF cility' S. Consolidation of Aquatic Fa ciliK bids, 71 44, prove plans & specifications and authorize ad for bids (Aquatic Facility bathhouse), w)d.V. Approve Chancre Order, Aquatic Facility pool slides,' Councilmember Masin stated that she viKititid vote* on these items, but wished to comment on her vote. Councilmember Masin acknowlecfgeil:hE ".'. t!idAfS:,it rations on this Aquatic Facility issue and referred to comments she has received frifi!ri igTYiaY'slie:svas opposed to the concept of the pool; she negated those comments and asserted that she has worked hard to get more recreational facilities in Eagan. She stated that the process for developing the pool has been unprofessional and left a lot to be desired considering the first neighborhood meeting had been held after the contracts had been awarded. Mayor Egan interjected, saying that the grandstanding by Councilmember Masin was outrageous and unacceptable. Councilmember Masin replied tN22;t3ie:G .Council was always taking the shortcut on this issue and hasn't paid attention to the.j es's}ie'wai*rfttf-49 address. Mayor Egan vehemently disagreed and noted the two lengthy inf :*:'Btional meetin'g9:Jield in March and stated that they had been offering to meet for months and that 'l is past week wetihe first time the members of the Windcrest Neighborhood Association l4ij:accepted. Councitaiember Masin and Mayor Egan turned to City Administrator Hedges for clarificetiilt�;.Gity:,AAmiid 'ft Hedges confirmed the two informational meetings in March and stetkii:tltiRt:Tihq ieii0 : '!i ood meeting on July 14, 1998 had been Minutes of the Regular Council Meeting on July 21. 1998 page 5 the first meeting only with the neighbors to the facility. Councilmember Masin stated that the members of the Council who have insulted and offended the members of the Windcrest should apologize. A. Personnel Item Item 1. It was recommended to approve 0*whiring of Sonya Rippe as the Sports Program Supervisor. Item Z It was recommended to approve r as a part-time seasonal skated guar for the civic arena. Item 3. It was recommended to approve.*O. hiring of Joshua Austad, Patty Brown -Jams and Christina Vadis as part-time seasonal skating school coaches at the civic arena. Item 4. It was recommended to approve the hiring of Mark James and Peter Thalclorf as part-time seasonal basketball referees for the summer season. Item S. It was recommended to approve4)tonsultiftrontract between the City of Eagan and Jon Hohenstein to provide consultant services:to the Cii� f Eagan in the areas of Airport Relations Commission support, MASAC participa(.i.i .it and rep"­R"O'd policy matters. Item 6. It was recommended to approve#i ik21y A d" time spent profile for the Assistant " City Administrator position and to approve ifgeW:As sistant to the City Administrator/ Director of Human Resources to Assistant City Administrator/Director of Human Resources. Item 7. It was recommended to accept the letter of resignation from Pamela Giles, Police Dispatcher. B. Exemntion from Lawful Gamblinu Lirpnqp fnri- . from the lawful gambling requirement August 17, 1998 at their office located i C. It was recommended to approve a resolutior'i System revenue obligations. recommended to approve an exemption al Health Services for a raffle to he held on ve, Eagan. for a public hearing to refund Allina D. Approve a resolution declaring intent to issue bonds to finance Aquatic Facili!): It was recommended to approve a resolution declaring intent to issue bonds to finance the Aquatic Facility. (Councilmember Blomquist abstained.) E. Final Subdivision and Final Planned Estate for Prairie Oaks. It was recommended to approve the Final PlaaiiW Develo fslent for two office buildings to be located on the east side of Slater Road, south of Cliff Re.a.4 in the NW V4 of Section 31 and to approve the Final X'", Subdivision (Prairie Oaks Addition) of kkq.'O:Iots and one outlot located on the east side of Slater Road, south of Cliff Road in the N.W.W),I.A F. Stipulation, an attempt to settle lawsuit, Bieter v. City of Eagan. It was recommended to approve the Stipulatiort. (Councilmember Blomquist abstained) G. Contract 98-10, receive bids/awar recommended to receive the bids for the contract to the lowest responsible related documents. H. Project 745, receive feasibili!y re Utilities). It was recommended to ; Streets and Utilities) and schedule a a (Storm Sewer - Weir Outlet). It was Lake Storm Sewer - Weir Outlet), award to Mayor and City Clerk to execute all Project 745 (Blue Gentian Road - 1998. Minutes of the Regular Council Meeting on July 21, 1998 page 6 I. Project 746, receive feasibility report/authorize public hearing Blue Water Road - Streets & Ui It was recommended to receive the feasibility report for Project 746 (Blue Water Road - Streets'& Utilities) and schedule a public hearing for August 18, 1998. J. Project 688 receive final assessment r6111;order public hearing (Eagandale Corporate Center Streets & Utilities). It was recommended to re6Wi :the final assessment roll for Project 688 (Eagandale Corporate Center - Streets & Utilities) and:schedvle.a yubliC bgaring for August 18, 1998. K. J'roject 673R, receive final assessment'rGlfldrdeipii-b-j?cfii!'Wring (Red Pine Lane - Streets & Utilities). It was recommended to receive the final"' ? sment roll for Project 673R (Red Pine Lane - Streets & Utilities) and schedule a public hearing ftit;August 18, 1998. L. Protect 743, receive feasibility report/order public hearing (Towerview Rd./Lemay Lake - Utilities' It was recommended to draft the feasibility report for Project 743 (Towerview Road/Lemay Lake - Utility Improvements), and schedule a public hearing to be held on September 1, 1998. M. Approve resolution - Cliff Road pai restriftn (Driver's Examination Facility). It was recommended to approve a resolution M-` DA DRkota County to permit on -street parking during a limited time on the south side of Cliff Rq� (Count`$tate Aid Highway 32) from NicoLs Rd. to Park Center Dr. ..... N. Contract 98-20, receive bids/award coiiYtatC fRQii`btfciitifity - Parking Lot Lighting). It was recommended to receive the bids for Contract 98-20 (Aquatic Facility - Parking Lot Lighting), award the contract to the lowest responsible bidder, and authorize the Mayor and City Clerk to execute all related documents. (Councilmember Blomquist opposed) O. Erdect 668 approve acquisition of ro r for poning-(Wne Oak Rd. - Upgrade), It was recommended to approve the acquisition of Lot l,.f#lock2:: iir�ows Addition for storm water ponding in conjunction with Project 668 (Lone Oak Road;= 4jigfadA:and authorize the Mayor and City Clerk to execute all related documents. P. Contract 96 -FF, approve amendment to'deye 54 contract (Whispering Woods 11th Add. - Time Extension). It was recommended to approve an am endriliirit:to;ihe Development Contract Agreement for the Whispering Woods 11th Addition for an extension 'i :i pltpletion dates for the street surfacing. Q. Contract 98-06, approve plans/authorize ad for bids (Town Centre 100 - Sidewalk). It was recommended to approve the plans and specifications for Contract 98-06 (Town Centre 100 - Sidewalk), and schedule a bid opening to be held at 10:30 a.m. on August 13,1998. R. Award soft drink vending contract. It:Wiis=ebppimelci :io award a soft drink beverage contract to Midwest Coca Cola. S. Consolidation of Aquatic Facility bida.: It was reppimended to approve the consolidation of bid packages one and two for the AquaticFila7ity.tnta Mte contract under RJM and to amend the contract amount to $2,334,550. (Councilmember larijcAii 9{;q i gt4t2tFt T. Approve plans & ERc!ifications and authorize ad for bids (Aquatic Facility bathhouse). It was recommended to approve the plans and specifications for the bathhouse, admissions and mechanical buildings and authorize the advertisement for bids, Eagan Aquatic Facility. U. Resolution to consider light rail transit hirli fly iaS:ti dg4nmended to approve a resolution that en expses interest in and support for fu l'1, feriniiig iif;3light rail transit hub at the junction of Highway 77 and Trunk Highway 13 to &¢rue the residents' ... O:businesses of Dakota County. V. Approve Change Order, Aquatic Facility Roo] slides. It )ras recommended to approve a change to the contract with Pro Slides for the Ag4Ur,:F l}!:to:tisgep1:j)ie steel/wood alternative which results in a induction to the contract of $36,000. ( tiijUi #0.! RB � er,j?r.k st abstained) Minutes or the Regular Council Meeting an July 21, 1998 page 7 W. Contract 96-0, Kingswood Pond 1.1 Addition (Amendment to Development Contract) It was recommended to approve an amendment to the Development Contract Agreement for the Kingswood Ponds 1A Addition for an extension in completion dates for the street surfacing. X. APPROVE federal erant application 13j:,0ie amount of $18,717 to assist with the purchase of in:§g cameras. It was recommended to approy"q'it'shibmission of a federal grant application in the amount of $18,717 to assist with the purchase of in-qu,qdc_AMqras. Councilmember Wachter moved,'. a seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 ....X.: QLMSINESS RECONSIDER, DESIGNATION OF OFFICIAL MAP 669-1, DENMARK AVENUE City Administrator Hedges pro a'*d an overview on this item, stating that this is not the consideration of a new mapping, but wo&4 be a aipypn to rescind the previous council action, upon which staff work with the USPS to a prep4'�:'g:'::': . revis,,q j:A.." gement. Director of Public Works Colbert gave a staff report, showing the Council the pqCkial chii g"e to a frontage road along 1-35E and s t �i stating that the United States Postal Service was unwilling to the previously mapped alignment. .......... Councilmember Wachter asked why the�.TNEW "'"' Qdbe continued until October 20, 1998. Director of Public Works Colbert stated &'I*:' the Council had agreed upon for continuing the Northwoods Parkway segment of this official map from a previous meeting. Councilmember Wachter asked why the Council would not consider this before October 20if this proposed doesn't impact the proposal for the other portion of the ring -road. Director of Public Works Colbert stated that it is uncertain how much time the United States Postal Service will need to process and approve a revised alignment. City Administrator Hedge Suggested that staff work with the USPS to project possible future expansions of their site to.eAsuYeAdequate planning. Councilmember Masin asked if bindink:*.ilgreement with USPS. Director of Public Works Colbert responded that the agr"ep.t.:-21A.y' ears a'jtb had been informal and since that time, USPS has reviewed their growth needs. He further.: .:� agreement would be reached this time. Councilmember Blomquist stated that a representative of the property owners to the west was present and introduced Mr. Peter Coyle. Mr. Coyle addressed the Council, formally stating his clients' opposition to the decision being made, stating that this particular decision did affect his clients' property, due to the potential need for future setback variances. Councilmember Wachter moved .1 ........ evii5iq*i""'Ai :*a'a seconded a motion to rescind re pvious approval of Official Map 669-1:iM.(. :� . .. hmar `i?gExtended) tended) and direct staff to approve a revised alignment in concurrence with "1Jrdted!k.&s Postal Service for reconsideration on October 20,1998. Aye: 5 Nay: 0 REZONING, PRELIMINARYft-bXMINARY PLANNED DEVELOPMENT X. 46akb&6T'­ City Administrator Hedges provided an overview on this item, stating that the Council had reviewed the specific proposal in its entirety at the June 16, 1998 meeting. Councilmember Masin stated that $ building would detract from the aesthetics of the Promenade area in the as detracted from the Town Centre area. Mayor Egan stated that he wished they Maid push back th6: .."velopment until after some hotels and office buildings had been proposed and ,h i t, but that those '9rtunities are currently unavailable and recognizeid the significant concessions U'k'*:'* e Home c. in their efforts to move to Eagan. Councilmember Wachter stated that the*. : X` Yiodti:62igtjtfi axil ng the highway made sense. Minutes of the Regular Council Mating on July 21, 1998 page 8 Councilmember Wachter moved, Councilmember Blomquist seconded a motion to approve a Preliminary Subdivision (Lexington Second Addition) to create four lots on approximately 59 acres generally located west of Lexington Avenue and north of Northwood Parkway, south of the U.S.P.S. Bulk Mail Center subject to the following conditions: Standard Conditions 1. The developer shall compjy.w.1 h.these.stendArd conditions of plat approval as adopted by Coundl on February B1, B2, B3, 84, C.J; 1 C3, C4, Dl, and El. 2 Lots 2 and 3, Block 1 shall be labeled as outlots on the final plat. 3. The property shall be platted. Landscapin¢ 4. The landscape plan shadb`e reviseik � graphically indicate all trees that are designated to satisfy tree mitigatiori;riequiremti& as well as list them on the legend. 5. Screening on the east sid6;ijf t1?c:&T ';:::ioE 9liafl be enhanced because the adjacent wetland provides open i PEWS of'[Iie b+4& -from Northwood Parkway. 6. Shrub materials shall be added to the perimeter landscaping to provide screening and height variety. Gradin¢ 7. Two to three foot high landsi>':ktµisshall be provided within the parking areas along Denmark Avenue:;:;:::;.'..: 8. The grading plan shall ber':i:MW:to show.erosion control measures in accordance with City standards and such measures s to ::I' a islalled and maintained by the developer. Storm Draina¢e 9. The storm sewer system shall be designed to accommodate storm water runoff from proposed Denmark Avenue right-of-way. Water Quality 10. The developer shall mee;rWer qui}{Ry mitigation requirements entirely through on-site ponding. The pond shalkhave a minimum wet volume of 2.3 acre-feet and shall meet the City's Detention Based t?B3ign StafiLT9rds. Wetlands 11. Wetland Mitigation shall occur in conformance with the approved wetland mitigation plan dated April 29,1998. a. All wetland mitigation;prietiKe?ei1:Bopdressed with upland soil suitable as a hydric soil replecemeiif ; #4ie aiiiiiii466 Ihickness for upland topsoil used as topdressing in the w�n mitigation t4 *s shall be one (1) foot. This condition must be noted on the final grading plan .t.Ot will be used for construction of the wetland reolacemeiit.%atures. Minutes of the Regular Council Meeting on July 21, 1998 page 9 12. The upland buffer around the remaining jurisdictional wetland (Pond DP -6.2) shall be extended a minimum distance of 30 feet back from the delineated edge of the wetland. The parking shall be reduced by 5-10% with the removal proposed on the eastern portion of the site to allow for the 30 -foot wetland buffer. Utilities 13. A 12 -inch water main shall: -be .qxtencled:.tg.{henorth within proposed Denmark Avenue in accordance with the C Yl?Lsttipl bS �?istribution Plan (adopted in 1996). Water main service shallbe extended.tti &.west to serve future development of Parcel 010-57. 14. A road for city maintenance access shall be provided to all proposed sanitary sewer manholes within Lot 3. The road shall be constructed and surfaced such that it is capable of supporting City utility maintenance equipment. The developer shall provide on the final utility plan the specifications for constructions and surfacing of the road, subject to the review andajiproval,Ol the City Engineering Department. 15. Drainage and utility easeiltent shali:4' dedicated over all public sanitary sewer within the development to a wiih*$ equal tG:lwo times the depth of the pipe. Access/Street Design 16. This development proposal shall be approved as submitted with the alignment of Denmark Avenue at the very west edge of the site, as shown on the preliminary site plan. Easements /Rights-of-Way/Permits 17. Existing Easements obtaytieiieS:i$i#bf'g;iblic improvement projects in the area shall be maintained on the final pjet'Mr th s subdivision. 18. Sufficient rights-of-way and'ea3em itt:gri all.lots as outlined in the standard conditions shall be dedicated or maintained witli'llir;f'. lat for this subdivision. Tree Preservation 19. The applicant shall install sixteen (16) Category B mitigation trees, (or an equivalent combination of Category A or Category C trees). These 16 mitigation trees are in addition to any City of Eagan k"scape.fegytvements. 20. Prior to issuance of a gr..... g perm f .Atevised tree inventory and preservation plan will need to be submittdditb includi.& areas outside Lot 1, Block 1 to be excavated for utilities. The tree preseK41ion plaAshall satisfy the requirements of the City's Tree Preservation ordinance; 3i iti tpe,pLi r . o review and approval by the City Forester. 21. Tree Protective Measures (i.e. orange fabric sit fence or 4 -foot polyethylene laminate safety netting) shall be installed at the perimeter of the Critical Root Zone of significant trees/woodlands to be preserved. No grade change, construction activity, or storage of materials shall occur within thi*;feiw*.i,•area. 22. The applicant shall contattalie pity Porestryhlivision at least five days prior to the issuance of the grading piiAhit to ensure cok ipiiance with the approved Tree Preservation Plan. Parks and Recreation Minutes of the Regular Council Meeting an July 21, 1998 page 10 23. In lieu of a cash trails dedication for Lot 1, Block 1, the developer shall install at their expense a six-foot concrete sidewalk on the west side of Denmark Avenue. The remaining lots will be subject to a cash trails dedication and all lots will be responsible for a cash parks dedication. Aye: 5 Nay: 0 Councilmember Wachter moved,.jQp.uncikn.e.nibcr.Bl=quist seconded a motion to approve a Preliminary Planned Development for a fit f :P.*p.91 a dbtt on approximately 18 acres proposed as 16' lfld�&g conditions: Lot 1, Block 1, Lexington Second Additi6_n"§'!ibf&­ I... the' b 1. The Developer shall ente' .'to a Preliminary Planned Development Agreement with the City. The Agreement shall be recorded against the property and shall include the .following exhibits: Preliminary Site Plan Prehminary Building Elevations Prehmfiuuy Sigii'ii""' Plan Preliminary IA4v`Ape P16:'-' Preliminary Site:D' h .... Lighting Kith .............. 2. Upon submission of the. _WT4 provided the final development A' VID plans are consistent with tlib"*'a"P'�'i"6'*�,''dd'i�.'i�.I.k.'h'fiiary Planned Development, a Final Planned Development Agreement shall be executed and the Final Planned Development can proceed to Council for approval. The Final' Planned Development Agreement shall include the following exhibits and the developer shall submit samples of the building materials with the Final Planned Development. Final Site Plan Final Building ElevAu'p"f:t*'s:.:.:...........:.:.: Final Signage Ply j:::: Final LandscapePlan..:-:... Final Site Lighting Phil::::: Site Plan 3. The site plan shall be revised to show the dimensions of an proposed setbacks. 4. Screening of the loading area shall be provided by a matching brick wall as an extension of the building instead of a chain link fence with slats. The screening wall shall be of sufficient height to screen thUu * q.cks and comppctor. 5. The enclosures for recyd� and for large equipment shall be roofed. The enclosures iliiallmatch the principal building and shall contain a screening gate -or. door consistent with City Code requirements. large equipment will be stored within 6. The developer shall id6t*!td)' {�%W the 'large equipment erO& ............ 7. All recyclables, pallets and propane shall be stored within a brick enclosure on the north side of the building as identified on the approved Site Plan, or inside the principal building. No other items may ba stoned within this enclosure. 8. All shopping cart storagg:galbe wiffiihil*:b.uilding or entry vestibule. No shopping carts shall be stored outd Setbacks Minutes of the Regular Council Mating on July 21, 1998 page 11 9. The "large equipment" storage at the southeast corner of the building shall be relocated to satisfy principal building setbacks typical in a CSC district. The developer shall identify what large equipment will be stored within this enclosure. Building Design/Architecture 10. The brick and masonry p�ii s should be of a color compatible with those used in the Eagan Promenade in-line rgjttec... T.he ;deXelo vir shall submit samples of the building materials with the Final Plafitigd l GYg. greet;.. .::.:.... 11. Color pigmentation shalL•iii;�integrated into the precast masonry panels, not applied to the surface. E2ooftop Equipment /Public Address System 12. All rooftop equipment shall be screened from view 13. An outdoor public addr inters "**** system shall be allowed only in the garden center area, and shall not be audi'lile from:sdjoining properties. Parkin¢ 14. if the City determines thiltlip-.6.4 iiivi': ..arkjiig is necessary, the owner shall install at their expense the proof of parking areas according to the approved site plan. These proof of parking stalls, if installed, shall be designated for employee parking. Outdoor Storage, Sales and Disllav 16. The developer shall be more speci.k.m. df(tiyiig'the types of items to be stocked and sold in the outdoor garde :.0 outdoor sales area and the outside display areas. 17. Per the revised garden center a 6'! a"' iiii .4 d 6/6/98, the front portion and first two sections of the side of the perm anenf''g""aitteil. er enclosure shall not exceed a height of 13 feet; the remainder of the enclosure sli'eilZpi exceed 20 feet in height. The enclosure shall contain a minimum four foot high brick wall to match the building, with decorative wrought iron fending above the brick pillars between sections of the iron fence. The rear of the enclosure may be black vinyl coated chain link fencing. 18. Items within the garden cent"..ond the seasonal sales area shall not be higher than the height of the enclosure. 19. The fence enclosing the sc onal salt hrea shall not exceed the six-foot maximum height allowed by City Code. ihteof the sownal sales area may occur only for a duration of 90 days between mid-Apiiy; and mi -f my each year. Operation of the seasonal sales area shall be subject to compli� Aitftl ;i<j.:'ra%.:.i.... nts in the City Code for temporary outdoor events and seasdttaj''outdoor 20. Outside displays and seasonal sales shall not exceed a duration of 90 days per year. Outside display shall be limited to three areas, each up to sixty (60) square feet in area, in conjunction with the seasonal pak-s urea east of the building. Outside display areas shall be noted on the Final 5 j?l iti b i:3;fje display shall not obstruct pedestrian walkways. Si a e 21. A single pylon sign isp2Yiltittacikte $QittktiCst corner of the site and shall meet City Sign Code requirements.....£l?b);3 93j;1if :3aii+acks. Minutes of the Regular Council Meeting on July 21.1998 page 12 22. All signage shall be consistent with the approved Sign Plans dated April 1998. Site Lighting 23. The free-standing light fidikes shall be no 40 feet and the lighting plan shall be revised to include a detail of the' -standing lights. lighting shall not be directed upon public rights-of-way or adjacent. , . eSt and 6.uch fighting shall be indirect and diffused. Aye: 5 Nay: 0 Councilmember Wachter asked 0'*& ,t the issues pertaining to the neighboring property owners. Director of Public Works Colbert stated that the consolidation of several properties would have made for a larger potential development. Mayor Egan said that the Council should be aware of the concessions these property owners are making at this time and keep in mind the value of the road being provided to them at no cost. �VEW<gL351NESS REQUEST FOR FUNDING BY:EAGAN 10$TORICAL SOCIETY FOR A BROCHURE IDENTTIFYYING•iISTQRiCAL•PLACES IN EAGAN City Administrator Hedges provided an overview on this item, stating that the Eagan Historical Society was providing this service free of charge and they are only requesting $3,200 for the cost of printing the brochures. Councilmember Blomquist informed the Council that the reprinting of the history book of Eagan was generously donated by West Group. Councilmember Blomquist moved, costs of printing for the Historical Society t PRELIMINARY ter seconded a motion to fund the of $3,200. Aye: 5 Nay: 0 CONDITIONAL USE PERMITS City Administrator Hedges provided an overvietiG 6A this item, stating that the Advisory Planning Commission recommends denial of the truck stop and the motor fuel sales. Senior Planner Ridley gave a staff report, highlighting two issues: first, whether this is an appropriate use for 1-1 zoning and second, consider access to Highway 149 and the staff recommendation to have no direct access to 149 and dedicate public right-of-way over "Borchert -Ingersoll" road to the south of the development. Irrespective of the Council action on this development.proposal, Senior Planner Ridley suggested the Council direct staff to prepare a Code amwsd i &it..to prom&& :definition of truck stop. Senior Planner Ridley further stated that staff has met tvfd :alFiiivplv¢iE paitiA and this plan is apparently acceptable to MnDOT, Starks and DART TRANSIT a p{ij;$uggesttl.'giaending Condition 9. Mr. Scott Teigan of Kwik Trip cpnfirmed that all stakeholders had reached consensus on the consolidated access issue, including D#-T'TRANW4* Mr. Teigan also gave a brief review of the history of Kwik Trip. Mr. Teigan further stated:diat:*(U: li .velkmice of DART TRANSIT to maintain the road to the south of the development as a prNUlk:i .emp.4 iGi7.fiiq the point that DART TRANSIT owns the land south of the road for another 300 feet. Mayor Egan asked for clarification of who currently owns the right of way on the frontage road. Mr. Teigan responded that MnDOT owns that right of way and that DART TRANSIT owns the private road. Councilmember Blomquist moved, •trdiim#(sa@finber Awada seconded a motion to approve a Preliminary Subdivision (Kwik Trip Eagar iq �itfo1:4,to t ate one lot and one outlot on approximately 10 acres with a Variance to create a parc@;•ivith less than tlid squired public street frontage, located south of Starks restaurant, abutting the West side of Highw9j�:149 in the NW 1/4 of Section 12 subject to the following conditions: (following dis; yWion at Round Table;. the motion was amended to delete approval of the variance request) Minutes of the Regular Council Meeting on July 21, 1998 page 13 Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3,1993: Bl, B2, B3, B4, Cl, C2, C4;<Vl and El 2. The property shall be platt4.;.; Parkin 3. Parking shall be provide" the amount to meet minimum City Code standards and the developer shall submit additional information necessary to demonstrate compliance with Code requirements prior to final subdivision approval. Landscaping 4. The preliminary landscao.b;plan 64$e revised to identify 14 Category B trees as tree mitigation, but the total rti&ber oftiees on the final landscape plan shall not be reduced from the amount shown:ojt the preliminary plan. Gradine 5. Prior to any grading and prior to final subdivision approval, the applicant must submit documentation to the City establishing the applicant's right to develop this portion of the property along with the balance of the site. 6. Erosion control measures in accordance with. �{ty standards shall be installed and maintained as part of this developgteiiC:::;::::;:;':' Water OualiX.ty 7. Water quality mitigation regdk4OP;ej s':sh�l, be met entirely through on-site ponding. The pond design shall comply with tfie:Gt � ,Standards for Detention Basin Design and a skimmer of acceptable design to the City`§]i�{Ibe installed on the pond outlet. Streets/ Access /Circulation 8. The "Borchert -Ingersoll" street along the south edge of the development shall be dedicated as a public street w4h appropriate. right-of-way. This development shall construct a temporary cul>.dp to :Egmat4tip..:Lp City standards (with public easement) at the west end of the stiget'iviprotiemeriL4; tri be removed at the time of future street extension to the west wilii.the dev4jpment of Outlot A. 9. Access to the developmPbtshall niklie allowed onto Hwy.149, except in the location of the Borchert -Ingersoll rii$a i£YI£{ !i[A ipc:;igoess consolidation onto Hwy. 149 involving Starks, Dart Transit Trari4lf'''aiid'kvwl-frip:Cft- be achieved and is acceptable to MnDOT, this condition shall not apply. Easements/Rights-of-Way Permits 10. The developer shall obtairLltiC t petCij;;approval for any grading activities within Highway 149 rightof- 11. The developer shall obtain MnDOT permit a 'roval for "Borchert -Ingersoll" road access onto Highway 1QQ :The developer sh�.. responsible for the construction of all the necessary improveq(gft;v►q.k iiglta�d�t;1 :t .s required by MnDOT as conditions of permit approval. Minutes of the Regular Council Meeting on July 21, 1998 page 14 Tree Preservation 12. The developer shall install 14 Category B trees as mitigation for significant tree removal in excess of allowable limits. 13. A revised treepreservat�pji;plan should be submitted for review and approval by the City Forester prior to fine] subdivision approval. 14. Tree Protective measures{i4 a ;""oof'�1y&*JeRe laminate safety netting) shall be installed at the Drip Ling.nr at the perimeter of the Critical Root Zone, whichever is greater, of significant ft"woodlands to be preserved. 15. The applicant shall contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. Parks and Recreation 16. This development shall Wrespon.0% for a cash parks dedication and a cash trails dedication. Aye: 5 Nay: 0 Councilmember Wachter asked that MnDOT be alerted to potential traffic problems on Highways 149 and 55. Councilmember Blomquist moved, Cou Conditional Use Permit to allow a truck stop on subject to the following condition: The pavement at the Aye: 5 Nay: 0 in seconded a motion to approve a Block 1, Kwik Trip Eagan Addition heated to prevent ice buildup. Councilmember Blomquist moved, Councilmember Awada seconded a motion to approve a Conditional Use Permit to allow motor fuel sales on proposed Lot 1, Block 1, Kwik Trip Eagan Addition subject to the following condition: 1. There shall be no outdoor storage or display of goods offered for sale. Aye: 5 Nay: 0 Councilmember Blomquist moved, Court ember Wachter seconded a motion to approve a Conditional Use Permit to allow a pylotk4n on pxtiposed Lot 1, Block 1, Kwik Trip Eagan Addition spbject to the following conditions: 1. A sign permit must be obtained before the pylon sign is installed. Prior to issuance of the sign permit, a survey shall be submitted confirming that the 300 -foot spacing requirement from other pylon signs is met. 2. The sign design should be retal sign area does not exceed 125 sq. ft. per side. Aye: 5 Nay: 0 .. GJSLAIil jii� jZC;QVI iIAi AFFATS Minutes of the Regular Council Meeting on July 21, 1998 page 15 REVIEW OF DAKOTA COUNTY'S DRAFT COMPREHENSIVE TRANSPORTATION PLAN City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report, highlighting theareas of the plan which most pertain to the City of Eagan; he asked for feedback on the plan which he tiiD communicate to the County in subsequent meetings. Mayor Egan expressed gratitude tq.Ttor of Public Works Colbert for the concise format of the presentation of this material in the pari@) ;a±di}ta£otiBfpkieC ivlasin expressed concern about any proposal to expand Pilot Knob Road to 8'late4yht~r'eviittient was met with consensus by the Council. Director of Public Works Colbert mentiotiod that the County knows the traffic must go somewhere. Councilmember Blomquist suggested logdtiog at other north -south roads like Lexington to absorb some of the traffic. Mayor Egan concurred that*other alternates must be sought and commented on the seeming reversal of policy to return 149 to County jurisdiction; he further stated that 149 should remain a state highway south of Highway 55, regardless of the jurisdiction north of Highway 55. He expressed the general sentiment that the expansions in Eagan must be realistic. Councilmember Blomquist further expressed her desire to not have to tell apy.:nf the neighbors of Pilot Knob Road that their land would be impacted by further road expansion. Councilmember Wachter thougliE Oe Cougta%:should consider using Cliff Road to expand and connect with Washington County; his cotnutent was,hiet with consensus from the Council. Mayor Egan stated that the potential for the ring-roacit611 Qviat2:sOjijieir problems was appealing, but he is still uncertain how it will all work; he further'ezpiti9sed E15af'}iei+ou7d like to see traffic stay off residential streets as much as possible. Councilmember Wachter asked if there was anything in the proposed plan to expand the Cedar Avenue bridge. Director of Public Works Colbert stated that the County was aware of the sluggish traffic at the bridge, but he did not recall any proposed plan.;:;:::::: Councilmember Blomquist expressed concgrn.;kUi EiM ring -road's detrimental effects on private property and asked if it would bepoAgtlile:t4:AIIiejiorate those effects. Director of Public Works Colbert identified the complexity of bala;jt} :'%:'& needs:p( the community at large with the impacts to individual property owners. A�Db�TINISI'Iie17''Y>~�jk�k'l?7DA .TEEN CENTER PROPOSAL City Administrator Hedges provided an overview on this item, asking the Council to select a date and time to review the Teen Center proposal. Councilmember Masin stated that 6e:t$}pughkti li :.. $jter would be reviewed at this meeting. City Administrator Hedges confirmed tZj.. M neral'i..... en of the other councilmembers, stating that there had been no date set to review this:&m. ti::> Councilmember Wachter movGa :Councili� ober Masin seconded a motion to discuss the Teen Center Proposal at an August 4, 1998 W6f3sy}iger$SQbp di :: itye: 5 Nay: 0 Councilmember Masin asked if there had been any follow up correspondence with the Parks Commission, stating that typically when a proposal is rejected, the commission is informed of the decision and how it had been reached. City Administrator Hedges explained that the Council was still considering the proposal so there was no need at•th?i_ppint for that type of correspondence. Senior Planner Ridley asked for.darification on the Cgprtcil's position regarding dedicating a public right of way at the Kwik Trip de.m" bpment location. iffier brief discussion, Councilmember Blomquist dropped the variance out ofi:riosidtttRf(4it::$finior Planner Ridley confirmed that Kwik Trip would be informed of that change.:::;...... Minutes of the Regular Council Meeting on July 21, 1998 page 16 Director of Public Works Colbert inquired if the Council still wished to receive the feasibility reports prior to the scheduled public hearing. The Council expressed the desire to continue receiving the reports ahead of time due to potential interaction with citizens on public improvement issues. City Administrator Hedges info�ted the Council that National Night Out will occur during their next regular Council meeting and ri.P4Wted that the City's Crime Watch program would be involved in the collaborative efforts of the Ci for this event. City Administrator Hedges also reported ... that he was reviewing a draft request folptodSiAF;iV3klt 6tiigt d'larmez Ridley for the Cedarvale area; RFPs will be going out soon. CouncilmeriibezSktnciili3:ti�lceiY3fthey were considering the light-rail transit hub in the plans. City Administrator Hedges stated that the hub would be a future development and that it could be a significant economiC;ijevelopment asset. Councilmember Wachter asked Senior Planner Ridley about the agreement with the Murphy Farm to keep their equipment in their building. Senior Planner Ridley stated that he has been unable to find any formal agreement on that matter. Councilmember Wachter restated that there was an agreement. Senior Planner Ridley said tte,:Would continue to look for it. Councilmember Wachter informed the Council that he has receiv&i: omplainO about the Hockey sign by the City of Eagan board on the Municipal Campus. City Admirtiftator Heifges stated that the sign raises questions about what the City Council will allow on that prop011j and s463:staff will keep an eye on the sign. Councilmember Awadi asked �diiat:fs;5miigplted fol the groundbreaking ceremony for the Family Aquatic Pool Facility. City Admiii3tttifor:letiges:irspAnded, stating that he had discussed it briefly with Director of Parks and Recreation Vraa and they had thought the City might combine the grand opening of the second sheet of ice with the groundbreaking ceremony for the pool on September 13,1998. City Administrator Hedges said that decision was up to the Council, but that there will certainly be a grand opening celebration when the pool is opened for use. Councilmember Masin suggested and Councilmember Awada supported a barbequo:jgr the groundbreaking ceremony. Director of Public Works Colbert reminded the Council:thktt kan's 25 -year birthday is next year; City Administrator Hedges said that planning is pndkfjvay;fail;that celebration and it maybe combined with the pool grand opening. Mayor Egan aticf;CAftiiciiutem§i Wachter expressed support for the groundbreaking ceremony idea. City 4t riilnis#ator H64ges stated that staff would need further direction from the Council about this cereiiioiiV-:.' `:<:..... Mayor Egan reported that he is looking forward'I&.i:;pgsitive and fruitful NOISE conference in Denver, Colorado. Councilmember Masin raised concerns about the aftereffects of the May 30 storm, stating that she had talked to a couple residents who were particularly hard hit and asked if it would be possible for the City to still accommodate their needs. City. Administrator Hedges expressed empathy with the suffering citizens, but stated that an amepdffii+i q the.GotiiiOs policy would have been necessary. He said that for most citizens, the deadlines.. y i1ie:Cotii al•'was"ieasonable and that once exceptions are made, it is very difficult to know wherOQ.Araw tf liie. Councilmember Masin stated that she thought if the City knew of the hardship ahead.(,tfine that they could have been put on a list to extend the deadline. She relayed a conversation wManother:GEfzen who still had trees down that may.begin to be infested with disease and again asked fo}eGitp)omgkepn�xception in this case and assign the City Forester to help these residents. City A riiiriisti'af1;r Fleagi�fj3id that staff could review these matters, but needed authorization and direction from the Council. Director of Public Works Colbert stated that this is really a policy question for the Council about how much dean -up should be done by the City on private property and further stated that the City has been accused previously of competing with private firms. Councilmember Awada expressed agreement, with Director of Public Works Colbert's comments. Councilmember Masin repeated that this cili rj ",:hx :tilmp take care of and that she couldn't understand why the City couldn't makeai ."... > aii'aiic .3id�e just a few people on the list to receive help after the deadline. Councilmember Blomquist thar*dd the Council and Staff for the card during her illness. She expressed -concern about the developu (:Rroposal,neas .Lktt 0!urry land; she stated that the City owes the neighbors of that development a bulTei:tq:iRit�tg �getiva effects of the zoning transition. She Minutes of the Regular Council Meeting on July 21, 1998 page 17 further stated that she has been working with the neighbors on this issue already. City Administrator Hedges stated that because this was a planned development, the City has more flexibility about how to make that transition happen. Councilmember Awada asked for clarification from Councilmember Blomquist about whether she meant a zoning buffer or a physical buffer. Councilmember Blomquist responded that any kind of buffer would :bg.better than no buffer. Councilmember Wachter dated July 16,1998 in the amount The meeting adjourned at 9:13 p.m. a motion to approve the check register AH Date City Clerk If you need these minutes in an alternative form suc)i *es leigePrint;'Biaille, audio tape, etc., please contact the City of Pagan, 3830 Pilot Knob Road, Fagan, MN 55122, (612) 6814600, (TDD phone: (612) 454-8535). The City of Fagan 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-...:.::: Minus of the Regular Council Mating on July 21, 1998 page 1 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan Minnesota July 21,1998 A regular meeting of the Eagan Cit t;Counci1 was held on Tuesday, July 21, 1998 at 6:30 p.m. at the Eagan Municipal Center. Present weie•-Mayor Egan and Councdmembers Wachter, Awada, Masin and Blomquist. Also present were City Admitt�ptr4WK.Tgm.#iedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, ao. ::�lEtgf �e'y',? ;S3teldon. .:::•: �►GENDA Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the agenda as presented with the addition of item X. to the consent agenda, the authorization of the submission of a federal grant application to assist with the purchase of in -squad cameras. Aye: 5 Nay: 0 i<SINUI'ES;;QFgTMJLJIY �:t998witEGULAR _MEETING Councilmember Blomquist move3* Councilrttember Awada seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 •. %tlNtli�ES�oF,�TxE Jul,Ytl, �998,�$ii�E'�CIALMEI:TIIVG Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 Councilmember Masin requested;ili8$:t]r¢:tMr'd sentence of the third paragraph on page 4 of the minutes from June 23,1998 be amended3d'i ead, "Mayor 4an mentioned that there is a teen center called the it Depot located in Hopkins. " Councilmember Bll7ijq' uist;moved, Councilmember Wachter seconded a motion to approve the minutes as amended. Ay6,.: S::;>tay::;a;;.- Councilmember Wachter asked to address the Council on a matter of concern to him. He read a letter he had received from Councilmember Blomquist's attorney pertaining to alleged defamatory comments he made to citizens of Eagan regarding Councilmember Blomquist. He expressed that he was hurt by this letter and did not appreciate thl?*:�ffitkon ofl.d".1Q iincil that detracts from their effective governance of the City of Eagan; hemadgpeufiC iifeiQifeP'tti'Coundlmember Blomquist's lobbying the County Board and costing the City unn6[7t85ary exb;&i . Councilmember Awada stated Bial this mgFt<i had been going on for some time and that there was a conflict of interest for Councdmeit�:$Td�1�p�s{.to:bwunethically using her position at Northwest Airlines for City purposes. Si ;-k... aided tltRf:Ibis:lstatter had been covered up at the request of Councilmember Blomquist, but that the issue has not dissolved and has caused the underlying friction on the City Council. She called for an ethics policy for the Council, but expressed concern that it would be ineffective and inappropriate for the Council to take action given the questionable ethics of its current membership. City Administrator Hedges informed the Council that staff has done research on this matter and has acquired the ethics poll ¢f tmtipiiit bxirtnesota cities through the League of Minnesota Cities; this matter can be on an po a -at }itgi>{�t¢; Councilmember Awada emphasized the importance of this matter being handled:isY yomeone othe #04n the current Council. Councilmember Blomquist den fEtlany involvement liy:unethical behavior and stated she had not attended the conference in question;;$De.bemRt►Aed•the;iYflcvillingness of the other Councilmembers to let this matter rest and stated that her coil" '$b -ON jgiowed a lack of Christianity and very Minutes of the Regular Council Mating on July 21, 1998 page 2 little concern for others. She expressed feelings of retaliation for the past six to eight months and further stated that this was not a matter that warranted City time. Councilmember Awada disagreed, saying that Councilmember Blomquist had in fact flown to Washington, D.C. on City business, regardless of her attendance at the conference and consequently behaved unethically. Councilmember Blomquist restated that this was not a matter for public debate on City time. Mayor Egan stated that this discgSlifan was beyond the scope of Visitors To Be Heard and that the Council should create a task force or q conun gsion to develop an ethics policy. He stated that the importance of such a policy would be to'Rtilsgi+2:Ayi0"- 9Ctiggrking environment for the five councilmembers and asked City Admini§6Wtor'iTcdgel.104i 8e this matter at the next workshop on August 4, 1998. DEP�CR`fA3ENTaHEAD'BUSINESS ICE SAFEIY POLICY City Administrator Hedges proiQid an oyerview on this item; he stated that this matter has come up due to incidents where citizens: ive falleA tJvough the ice in thin areas. City Administrator Hedges informed the Council that the Ai$Wory Pajri s Commission recommended adoption of Policy Option #1 and that Director of Parks ant}:i%creatio¢;Vraa was present to answer questions. Mayor Egan stated that this policy ii?tliAjgeitc3i1t3oziblces imminently good sense and supported the policy because of his concem that putting out inaccurate or unreliable information would pose a greater liability for the City, but the City should certainly be responsible for posting warnings pertaining to its own actions that may have made the ice unsafe. Councilmembers Awada and Wachter expressed agreement with Mayor Egan's comments; Councilmember Wachter further commented that it would be impossible to identify all problem areas and it would•be best to respond only to the areas for which the City is responsible. Councilmember Wachter moved;,f'' . oTier!Awada seconded a motion to adopt Policy Option #1 to establish City policy perta6iiig'tb'safety wprttings for ice conditions on lakes and wetlands. Aye: 5 Nay: 0 Councilmember Masin asked Director of Palk§'agif;i2eCreation Vraa to respond to several concerns. She relayed the concerns she'd heard from citizens iKho went to other communities for the 4th of July celebration, asserting that the City of Eagan doesn't have a place to celebrate anymore and entreated Director of Parks and Recreation Vraa to explain how the City of Eagan had arrived at such a predicament. Director of Parks and Recreation Vraa informed Councilmember Masin that a committee had been formed to find a location and had weighed various options according to their individual merits to arrive at this location. He furthersteted,that he had beard a good amount of positive feedback on the fireworks and stated that this wasgiycgxie: q:}st�tter public ublic oPinion. Councilmember �?sFt?:...... Merin restated that the fireworks and tijtj:rClebrati6{j:i!ve?4 re a big issue for the community. Director of Parks and Recreation Vraa responded tl4ihe firetiYFirks display is limited in size by the distance between the fireworks and the homes.:?:::;: City Administrator Hedges statf211ik 9G if hitSti?{p34&ed meetings on this matter and that the Council needs to establish criteria for evaluating verioiisTtistibns, and advised the Council to have the Advisory Parks Commission develop criteria and potential locations to review for future fireworks displays. Councilmember Masin asked why this hadn't been addressed before and why there had been no planning process to allow for this celebration. Councilmember Wachter asked Councilmember Masin to clarify what she was interested in plgfiaingthat,had not already been done. Councilmember Awada reminded Councilmember Masinroved d , ire kina a Parks System Plan. ....'�'.. • PP Y Councilmember Masin stated that the Cotiriai•had nWdfiiie:its job or fulfilled its responsibilities concerning the 4N of July Celebration or.:lSFtiilning for the fii't of recreation in the City. Mayor Egan stated that the COptydil is faced with mQ.:tough decisions pertaining to recreation. He emphasized the importance of prioi N2At p:R9: %ft¢ .;}i imp) j "views itsplans, noting that high visual fireworks displays are a priority for Coiiicl»iet}t9f:iVfaiiii::% Minutes of the Regular Council Meeting on July 21, 1998 page 3 Councilmember Blomquist called for a return to Parliamentary Procedure. Mayor Egan recognized the validity of Councilmember Blomquist's point and suggested that this matter be reviewed in the coming year, analyzing the displays of previous years and this year. Councilmember Awada asked for clarification, stating that she had.rtderstood that the Council had already asked the Advisory Parks Commission to prioritize within it50Vfn plan. Mayor Egan confirmed that the Council had given that direction and was currently following:ffiose priorities as resources are available, but stated that it was impossible to do all the improvements-#:gLFice.;:Cpys�Wber Masin asked for an example of when the Council had followed the rncoE(e1t(ppoP;tie:t4Oti#rission. Mayor Egan responded that the recommendation had been followed at Walaeri'f )eights pi'rk. Director of Parks and Recreation:—Vtiia informed the Council that the City of Eagan is in the' second year of its 5 -year CIP plan; he further stated that several projects have been completed and others are underway. Director of Parks and Recreation Vraa reminded the Council that the CIP would be reviewed with the budget and that would be an appropriate time to make amendments to the plan. Councilmember Masin said that reference to the plan should be made in the packet and in the minutes so that everyone is dear on the relation (fNa given agenda item to the S -year plan. Mayor Egan asked City Administrator Hedges to earmark ifCitts that pt iam directly to plans the Council has previously approved; he further stated that he consi4&d fami 4ity with the approved plans incumbent on all members of the Council. Councilmembel::l4asin stated that there was a difference between simply having a plan and having it referenced fo{,specific,agenda;itetns,, City Administrator Hedges explairied't}ie'C.I. pirot�55''to implement approved plans; he stated that the Council reviews the CIPs in December and if the budget is approved, the City proceeds according to the plan. City Administrator Hedges further explained that for items not in the plan or the budget, the proposals for those projects go to the Advisory Parks Commission and the City Council before implementation. Councilmember Masin stated that the City Council should conduct itself in a more goal -oriented manner. Mayor Egan responded that ihotouncil prepares plans for that reason and stated that the 5 -year CIP should address Councilgietii:tvf$s{n's concerns about goals. Coundlaiember Wachter stated that the 4 aE: i?l :triad ways been a good celebration, but that the reality is that there is no longer a large eiioiigii':space in Fagan to accommodate a large fireworks display. Mayor Egan stated that this was encritg?t:discus'sion on this matter and further discussion should be referred to a future workshop. In regard to Item D. Approve a resolution declaring intent to issue bonds to finance Aquatic aF cility Councilmember Blomquist expressed concern at the lack of information available about this matter and abstained on the vote. In regard to Item F. Stipulation, art:Aifl mr -to 6ffl lawsuit Bieter v City of Eagan ,r „ Councilmember Blomquist abstained. CQifi�almei h5vr Awada stated that the public needed to know about this matter and briefly reviewed tNt'potentiak'oittcome of Bieter v. City of Eagan. City Administrator Hedges said that any actiptt.taken aftee.settling the lawsuit will be subject to the public hearing process. Councilmembers Blomgm.rst And:kVai titer expressed support for the potential settlement. In regard to Item G. Contract 98-10. receive bids/award contract, Thomas Lake (Storni Sewer - Weir Outlet), Councamember Wachter expressed concern that the City underestimated by 24%, stating that this was an uncomfortable underestimation. Director of Public Works Colbert replied that this was a specialty structure and therefore difficult to gst.=te>:atating that they estimated using a larger model and learned that reducing the size of the pr "'id.:"41"...:3 rijy mean a proportionate reduction in cost. He said he was disappointed, but rWtiiiitomfortab 4:.Witb the estimate and the low bid. In regard to Item N.. Contract 9-20, receive bids/award contract (Aquatic Facility - Parking Lot Lighting), Councilmember BfomquiAY 6pressed concern:&ut the bid being 20% over the projected budget, stated that this issue has been haiif:k2:iAl1R aid s3ie) :tie hasn't yet seen the lighting plan. Councilmember Blomquist added that s#ig:iiviildbR;tiptiii itgi(inst this item. Minutes of the Regular Council Meeting on July 21, 1998 page 4 In regard to Item S. Consolidation of Aquatic Facility bids, Councilmember Blomquist stated that there was not enough information on this matter. Mayor Egan reminded Councilmember Blomquist that at the last meeting, the Council had learned that consolidating the contract would save the City $4,300. Councilmember Blomquist abstained. In regard to Item U. Resolution t6k*isider light rail transit hub, Councilmember Wachter asked if there was a specific location under consideration, for the light-rail transit hub. City Administrator Hedges replied that there was no specifi6:tocetipCouncilmember:s? itiie :at kdfs time. Councilmember Wachter asked about the timeframe for the planning process iii'r't}?e'ligitt Yatf Etansit system. City Administrator Hedges said that information was currerg :unavailable. Mayor Egan expressed support for the resolution, stating that he was impressed:by the presentation done at the Rotary meeting by Dakota County Commissioner Bataglia and County staff member Moratzka. Councilmember Blomquist notified the public that the committee would be looking for an interested resident to serve on the planning committee and those who are interested should contact City Hall. City Administrator Hedges further stated that the committee would also consist of an Eagan business owner. In regard to Item V. AAgprove C 6kc Or Wachter asked for information about wljat:percet Director of Parks and Recreation Vraa stat d that at this time. Councilmember Blomquist e6stainec uatic Facility pool slides, Councilmember the wood used would be treated wood. not have the specifications about treated wood In regard to Item E. Final Subdivi'sid'h tirid' Fiital'Plaiiiit!'d Development, Parks Real Estate for Prairie Oaks, City Administrator Hedges commented that Mr. Chris Moarn was in the audience and had requested to speak. Mr. Moam informed the Council that he was trying to address water quality issues pertaining to his proposal, but that he needed more time to do that and asked the City of Eagan to hold his check for 90 days while he worked on the water quality issues. Mayor Egan asked Director of Public Works Colbert for the staff recommendation on this matter,: A#Fector of Public Works Colbert stated that these issues are addressed in contracts end if *9 ds to be changed, it is done in the form of an amendment Director of Public Works:Cgliitsf:fii?Iier stated that the staff recommended the Council not hold the check, but invite Mr::}iAoarii back i( mendments were necessary in the future. City Attorney Sheldon stated that without ca'shinahe;57,000 i;teck the City of Eagan doesn't have an agreement with Mr. Moarn and expressed coiitkfti about, the vulnerable position of the City if the problem is not cleared up in the said 90 days. Meyiit:. enq�reed that the City should not hold the check. ..._: In regard to Item L. Project 743, receive feasibility report/order public hearing (Towerview Rd./Lemay Lake - Utilities), Director of Public Works Colbert apologized for being unable to complete the feasibility report in time for the Council packet and recommended scheduling the public hearing for September 1, 1998. In regard to Items D. Approve a:re3uliifioiYeiiariiip (ritent to issue bonds to finance Aquatic aF cility' S. Consolidation of Aquatic Fa ciliK bids, 71 44, prove plans & specifications and authorize ad for bids (Aquatic Facility bathhouse), w)d.V. Approve Chancre Order, Aquatic Facility pool slides,' Councilmember Masin stated that she viKititid vote* on these items, but wished to comment on her vote. Councilmember Masin acknowlecfgeil:hE ".'. t!idAfS:,it rations on this Aquatic Facility issue and referred to comments she has received frifi!ri igTYiaY'slie:svas opposed to the concept of the pool; she negated those comments and asserted that she has worked hard to get more recreational facilities in Eagan. She stated that the process for developing the pool has been unprofessional and left a lot to be desired considering the first neighborhood meeting had been held after the contracts had been awarded. Mayor Egan interjected, saying that the grandstanding by Councilmember Masin was outrageous and unacceptable. Councilmember Masin replied tN22;t3ie:G .Council was always taking the shortcut on this issue and hasn't paid attention to the.j es's}ie'wai*rfttf-49 address. Mayor Egan vehemently disagreed and noted the two lengthy inf :*:'Btional meetin'g9:Jield in March and stated that they had been offering to meet for months and that 'l is past week wetihe first time the members of the Windcrest Neighborhood Association l4ij:accepted. Councitaiember Masin and Mayor Egan turned to City Administrator Hedges for clarificetiilt�;.Gity:,AAmiid 'ft Hedges confirmed the two informational meetings in March and stetkii:tltiRt:Tihq ieii0 : '!i ood meeting on July 14, 1998 had been Minutes of the Regular Council Meeting on July 21. 1998 page 5 the first meeting only with the neighbors to the facility. Councilmember Masin stated that the members of the Council who have insulted and offended the members of the Windcrest should apologize. A. Personnel Item Item 1. It was recommended to approve 0*whiring of Sonya Rippe as the Sports Program Supervisor. Item Z It was recommended to approve r as a part-time seasonal skated guar for the civic arena. Item 3. It was recommended to approve.*O. hiring of Joshua Austad, Patty Brown -Jams and Christina Vadis as part-time seasonal skating school coaches at the civic arena. Item 4. It was recommended to approve the hiring of Mark James and Peter Thalclorf as part-time seasonal basketball referees for the summer season. Item S. It was recommended to approve4)tonsultiftrontract between the City of Eagan and Jon Hohenstein to provide consultant services:to the Cii� f Eagan in the areas of Airport Relations Commission support, MASAC participa(.i.i .it and rep"­R"O'd policy matters. Item 6. It was recommended to approve#i ik21y A d" time spent profile for the Assistant " City Administrator position and to approve ifgeW:As sistant to the City Administrator/ Director of Human Resources to Assistant City Administrator/Director of Human Resources. Item 7. It was recommended to accept the letter of resignation from Pamela Giles, Police Dispatcher. B. Exemntion from Lawful Gamblinu Lirpnqp fnri- . from the lawful gambling requirement August 17, 1998 at their office located i C. It was recommended to approve a resolutior'i System revenue obligations. recommended to approve an exemption al Health Services for a raffle to he held on ve, Eagan. for a public hearing to refund Allina D. Approve a resolution declaring intent to issue bonds to finance Aquatic Facili!): It was recommended to approve a resolution declaring intent to issue bonds to finance the Aquatic Facility. (Councilmember Blomquist abstained.) E. Final Subdivision and Final Planned Estate for Prairie Oaks. It was recommended to approve the Final PlaaiiW Develo fslent for two office buildings to be located on the east side of Slater Road, south of Cliff Re.a.4 in the NW V4 of Section 31 and to approve the Final X'", Subdivision (Prairie Oaks Addition) of kkq.'O:Iots and one outlot located on the east side of Slater Road, south of Cliff Road in the N.W.W),I.A F. Stipulation, an attempt to settle lawsuit, Bieter v. City of Eagan. It was recommended to approve the Stipulatiort. (Councilmember Blomquist abstained) G. Contract 98-10, receive bids/awar recommended to receive the bids for the contract to the lowest responsible related documents. H. Project 745, receive feasibili!y re Utilities). It was recommended to ; Streets and Utilities) and schedule a a (Storm Sewer - Weir Outlet). It was Lake Storm Sewer - Weir Outlet), award to Mayor and City Clerk to execute all Project 745 (Blue Gentian Road - 1998. Minutes of the Regular Council Meeting on July 21, 1998 page 6 I. Project 746, receive feasibility report/authorize public hearing Blue Water Road - Streets & Ui It was recommended to receive the feasibility report for Project 746 (Blue Water Road - Streets'& Utilities) and schedule a public hearing for August 18, 1998. J. Project 688 receive final assessment r6111;order public hearing (Eagandale Corporate Center Streets & Utilities). It was recommended to re6Wi :the final assessment roll for Project 688 (Eagandale Corporate Center - Streets & Utilities) and:schedvle.a yubliC bgaring for August 18, 1998. K. J'roject 673R, receive final assessment'rGlfldrdeipii-b-j?cfii!'Wring (Red Pine Lane - Streets & Utilities). It was recommended to receive the final"' ? sment roll for Project 673R (Red Pine Lane - Streets & Utilities) and schedule a public hearing ftit;August 18, 1998. L. Protect 743, receive feasibility report/order public hearing (Towerview Rd./Lemay Lake - Utilities' It was recommended to draft the feasibility report for Project 743 (Towerview Road/Lemay Lake - Utility Improvements), and schedule a public hearing to be held on September 1, 1998. M. Approve resolution - Cliff Road pai restriftn (Driver's Examination Facility). It was recommended to approve a resolution M-` DA DRkota County to permit on -street parking during a limited time on the south side of Cliff Rq� (Count`$tate Aid Highway 32) from NicoLs Rd. to Park Center Dr. ..... N. Contract 98-20, receive bids/award coiiYtatC fRQii`btfciitifity - Parking Lot Lighting). It was recommended to receive the bids for Contract 98-20 (Aquatic Facility - Parking Lot Lighting), award the contract to the lowest responsible bidder, and authorize the Mayor and City Clerk to execute all related documents. (Councilmember Blomquist opposed) O. Erdect 668 approve acquisition of ro r for poning-(Wne Oak Rd. - Upgrade), It was recommended to approve the acquisition of Lot l,.f#lock2:: iir�ows Addition for storm water ponding in conjunction with Project 668 (Lone Oak Road;= 4jigfadA:and authorize the Mayor and City Clerk to execute all related documents. P. Contract 96 -FF, approve amendment to'deye 54 contract (Whispering Woods 11th Add. - Time Extension). It was recommended to approve an am endriliirit:to;ihe Development Contract Agreement for the Whispering Woods 11th Addition for an extension 'i :i pltpletion dates for the street surfacing. Q. Contract 98-06, approve plans/authorize ad for bids (Town Centre 100 - Sidewalk). It was recommended to approve the plans and specifications for Contract 98-06 (Town Centre 100 - Sidewalk), and schedule a bid opening to be held at 10:30 a.m. on August 13,1998. R. Award soft drink vending contract. It:Wiis=ebppimelci :io award a soft drink beverage contract to Midwest Coca Cola. S. Consolidation of Aquatic Facility bida.: It was reppimended to approve the consolidation of bid packages one and two for the AquaticFila7ity.tnta Mte contract under RJM and to amend the contract amount to $2,334,550. (Councilmember larijcAii 9{;q i gt4t2tFt T. Approve plans & ERc!ifications and authorize ad for bids (Aquatic Facility bathhouse). It was recommended to approve the plans and specifications for the bathhouse, admissions and mechanical buildings and authorize the advertisement for bids, Eagan Aquatic Facility. U. Resolution to consider light rail transit hirli fly iaS:ti dg4nmended to approve a resolution that en expses interest in and support for fu l'1, feriniiig iif;3light rail transit hub at the junction of Highway 77 and Trunk Highway 13 to &¢rue the residents' ... O:businesses of Dakota County. V. Approve Change Order, Aquatic Facility Roo] slides. It )ras recommended to approve a change to the contract with Pro Slides for the Ag4Ur,:F l}!:to:tisgep1:j)ie steel/wood alternative which results in a induction to the contract of $36,000. ( tiijUi #0.! RB � er,j?r.k st abstained) Minutes or the Regular Council Meeting an July 21, 1998 page 7 W. Contract 96-0, Kingswood Pond 1.1 Addition (Amendment to Development Contract) It was recommended to approve an amendment to the Development Contract Agreement for the Kingswood Ponds 1A Addition for an extension in completion dates for the street surfacing. X. APPROVE federal erant application 13j:,0ie amount of $18,717 to assist with the purchase of in:§g cameras. It was recommended to approy"q'it'shibmission of a federal grant application in the amount of $18,717 to assist with the purchase of in-qu,qdc_AMqras. Councilmember Wachter moved,'. a seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 ....X.: QLMSINESS RECONSIDER, DESIGNATION OF OFFICIAL MAP 669-1, DENMARK AVENUE City Administrator Hedges pro a'*d an overview on this item, stating that this is not the consideration of a new mapping, but wo&4 be a aipypn to rescind the previous council action, upon which staff work with the USPS to a prep4'�:'g:'::': . revis,,q j:A.." gement. Director of Public Works Colbert gave a staff report, showing the Council the pqCkial chii g"e to a frontage road along 1-35E and s t �i stating that the United States Postal Service was unwilling to the previously mapped alignment. .......... Councilmember Wachter asked why the�.TNEW "'"' Qdbe continued until October 20, 1998. Director of Public Works Colbert stated &'I*:' the Council had agreed upon for continuing the Northwoods Parkway segment of this official map from a previous meeting. Councilmember Wachter asked why the Council would not consider this before October 20if this proposed doesn't impact the proposal for the other portion of the ring -road. Director of Public Works Colbert stated that it is uncertain how much time the United States Postal Service will need to process and approve a revised alignment. City Administrator Hedge Suggested that staff work with the USPS to project possible future expansions of their site to.eAsuYeAdequate planning. Councilmember Masin asked if bindink:*.ilgreement with USPS. Director of Public Works Colbert responded that the agr"ep.t.:-21A.y' ears a'jtb had been informal and since that time, USPS has reviewed their growth needs. He further.: .:� agreement would be reached this time. Councilmember Blomquist stated that a representative of the property owners to the west was present and introduced Mr. Peter Coyle. Mr. Coyle addressed the Council, formally stating his clients' opposition to the decision being made, stating that this particular decision did affect his clients' property, due to the potential need for future setback variances. Councilmember Wachter moved .1 ........ evii5iq*i""'Ai :*a'a seconded a motion to rescind re pvious approval of Official Map 669-1:iM.(. :� . .. hmar `i?gExtended) tended) and direct staff to approve a revised alignment in concurrence with "1Jrdted!k.&s Postal Service for reconsideration on October 20,1998. Aye: 5 Nay: 0 REZONING, PRELIMINARYft-bXMINARY PLANNED DEVELOPMENT X. 46akb&6T'­ City Administrator Hedges provided an overview on this item, stating that the Council had reviewed the specific proposal in its entirety at the June 16, 1998 meeting. Councilmember Masin stated that $ building would detract from the aesthetics of the Promenade area in the as detracted from the Town Centre area. Mayor Egan stated that he wished they Maid push back th6: .."velopment until after some hotels and office buildings had been proposed and ,h i t, but that those '9rtunities are currently unavailable and recognizeid the significant concessions U'k'*:'* e Home c. in their efforts to move to Eagan. Councilmember Wachter stated that the*. : X` Yiodti:62igtjtfi axil ng the highway made sense. Minutes of the Regular Council Mating on July 21, 1998 page 8 Councilmember Wachter moved, Councilmember Blomquist seconded a motion to approve a Preliminary Subdivision (Lexington Second Addition) to create four lots on approximately 59 acres generally located west of Lexington Avenue and north of Northwood Parkway, south of the U.S.P.S. Bulk Mail Center subject to the following conditions: Standard Conditions 1. The developer shall compjy.w.1 h.these.stendArd conditions of plat approval as adopted by Coundl on February B1, B2, B3, 84, C.J; 1 C3, C4, Dl, and El. 2 Lots 2 and 3, Block 1 shall be labeled as outlots on the final plat. 3. The property shall be platted. Landscapin¢ 4. The landscape plan shadb`e reviseik � graphically indicate all trees that are designated to satisfy tree mitigatiori;riequiremti& as well as list them on the legend. 5. Screening on the east sid6;ijf t1?c:&T ';:::ioE 9liafl be enhanced because the adjacent wetland provides open i PEWS of'[Iie b+4& -from Northwood Parkway. 6. Shrub materials shall be added to the perimeter landscaping to provide screening and height variety. Gradin¢ 7. Two to three foot high landsi>':ktµisshall be provided within the parking areas along Denmark Avenue:;:;:::;.'..: 8. The grading plan shall ber':i:MW:to show.erosion control measures in accordance with City standards and such measures s to ::I' a islalled and maintained by the developer. Storm Draina¢e 9. The storm sewer system shall be designed to accommodate storm water runoff from proposed Denmark Avenue right-of-way. Water Quality 10. The developer shall mee;rWer qui}{Ry mitigation requirements entirely through on-site ponding. The pond shalkhave a minimum wet volume of 2.3 acre-feet and shall meet the City's Detention Based t?B3ign StafiLT9rds. Wetlands 11. Wetland Mitigation shall occur in conformance with the approved wetland mitigation plan dated April 29,1998. a. All wetland mitigation;prietiKe?ei1:Bopdressed with upland soil suitable as a hydric soil replecemeiif ; #4ie aiiiiiii466 Ihickness for upland topsoil used as topdressing in the w�n mitigation t4 *s shall be one (1) foot. This condition must be noted on the final grading plan .t.Ot will be used for construction of the wetland reolacemeiit.%atures. Minutes of the Regular Council Meeting on July 21, 1998 page 9 12. The upland buffer around the remaining jurisdictional wetland (Pond DP -6.2) shall be extended a minimum distance of 30 feet back from the delineated edge of the wetland. The parking shall be reduced by 5-10% with the removal proposed on the eastern portion of the site to allow for the 30 -foot wetland buffer. Utilities 13. A 12 -inch water main shall: -be .qxtencled:.tg.{henorth within proposed Denmark Avenue in accordance with the C Yl?Lsttipl bS �?istribution Plan (adopted in 1996). Water main service shallbe extended.tti &.west to serve future development of Parcel 010-57. 14. A road for city maintenance access shall be provided to all proposed sanitary sewer manholes within Lot 3. The road shall be constructed and surfaced such that it is capable of supporting City utility maintenance equipment. The developer shall provide on the final utility plan the specifications for constructions and surfacing of the road, subject to the review andajiproval,Ol the City Engineering Department. 15. Drainage and utility easeiltent shali:4' dedicated over all public sanitary sewer within the development to a wiih*$ equal tG:lwo times the depth of the pipe. Access/Street Design 16. This development proposal shall be approved as submitted with the alignment of Denmark Avenue at the very west edge of the site, as shown on the preliminary site plan. Easements /Rights-of-Way/Permits 17. Existing Easements obtaytieiieS:i$i#bf'g;iblic improvement projects in the area shall be maintained on the final pjet'Mr th s subdivision. 18. Sufficient rights-of-way and'ea3em itt:gri all.lots as outlined in the standard conditions shall be dedicated or maintained witli'llir;f'. lat for this subdivision. Tree Preservation 19. The applicant shall install sixteen (16) Category B mitigation trees, (or an equivalent combination of Category A or Category C trees). These 16 mitigation trees are in addition to any City of Eagan k"scape.fegytvements. 20. Prior to issuance of a gr..... g perm f .Atevised tree inventory and preservation plan will need to be submittdditb includi.& areas outside Lot 1, Block 1 to be excavated for utilities. The tree preseK41ion plaAshall satisfy the requirements of the City's Tree Preservation ordinance; 3i iti tpe,pLi r . o review and approval by the City Forester. 21. Tree Protective Measures (i.e. orange fabric sit fence or 4 -foot polyethylene laminate safety netting) shall be installed at the perimeter of the Critical Root Zone of significant trees/woodlands to be preserved. No grade change, construction activity, or storage of materials shall occur within thi*;feiw*.i,•area. 22. The applicant shall contattalie pity Porestryhlivision at least five days prior to the issuance of the grading piiAhit to ensure cok ipiiance with the approved Tree Preservation Plan. Parks and Recreation Minutes of the Regular Council Meeting an July 21, 1998 page 10 23. In lieu of a cash trails dedication for Lot 1, Block 1, the developer shall install at their expense a six-foot concrete sidewalk on the west side of Denmark Avenue. The remaining lots will be subject to a cash trails dedication and all lots will be responsible for a cash parks dedication. Aye: 5 Nay: 0 Councilmember Wachter moved,.jQp.uncikn.e.nibcr.Bl=quist seconded a motion to approve a Preliminary Planned Development for a fit f :P.*p.91 a dbtt on approximately 18 acres proposed as 16' lfld�&g conditions: Lot 1, Block 1, Lexington Second Additi6_n"§'!ibf&­ I... the' b 1. The Developer shall ente' .'to a Preliminary Planned Development Agreement with the City. The Agreement shall be recorded against the property and shall include the .following exhibits: Preliminary Site Plan Prehminary Building Elevations Prehmfiuuy Sigii'ii""' Plan Preliminary IA4v`Ape P16:'-' Preliminary Site:D' h .... Lighting Kith .............. 2. Upon submission of the. _WT4 provided the final development A' VID plans are consistent with tlib"*'a"P'�'i"6'*�,''dd'i�.'i�.I.k.'h'fiiary Planned Development, a Final Planned Development Agreement shall be executed and the Final Planned Development can proceed to Council for approval. The Final' Planned Development Agreement shall include the following exhibits and the developer shall submit samples of the building materials with the Final Planned Development. Final Site Plan Final Building ElevAu'p"f:t*'s:.:.:...........:.:.: Final Signage Ply j:::: Final LandscapePlan..:-:... Final Site Lighting Phil::::: Site Plan 3. The site plan shall be revised to show the dimensions of an proposed setbacks. 4. Screening of the loading area shall be provided by a matching brick wall as an extension of the building instead of a chain link fence with slats. The screening wall shall be of sufficient height to screen thUu * q.cks and comppctor. 5. The enclosures for recyd� and for large equipment shall be roofed. The enclosures iliiallmatch the principal building and shall contain a screening gate -or. door consistent with City Code requirements. large equipment will be stored within 6. The developer shall id6t*!td)' {�%W the 'large equipment erO& ............ 7. All recyclables, pallets and propane shall be stored within a brick enclosure on the north side of the building as identified on the approved Site Plan, or inside the principal building. No other items may ba stoned within this enclosure. 8. All shopping cart storagg:galbe wiffiihil*:b.uilding or entry vestibule. No shopping carts shall be stored outd Setbacks Minutes of the Regular Council Mating on July 21, 1998 page 11 9. The "large equipment" storage at the southeast corner of the building shall be relocated to satisfy principal building setbacks typical in a CSC district. The developer shall identify what large equipment will be stored within this enclosure. Building Design/Architecture 10. The brick and masonry p�ii s should be of a color compatible with those used in the Eagan Promenade in-line rgjttec... T.he ;deXelo vir shall submit samples of the building materials with the Final Plafitigd l GYg. greet;.. .::.:.... 11. Color pigmentation shalL•iii;�integrated into the precast masonry panels, not applied to the surface. E2ooftop Equipment /Public Address System 12. All rooftop equipment shall be screened from view 13. An outdoor public addr inters "**** system shall be allowed only in the garden center area, and shall not be audi'lile from:sdjoining properties. Parkin¢ 14. if the City determines thiltlip-.6.4 iiivi': ..arkjiig is necessary, the owner shall install at their expense the proof of parking areas according to the approved site plan. These proof of parking stalls, if installed, shall be designated for employee parking. Outdoor Storage, Sales and Disllav 16. The developer shall be more speci.k.m. df(tiyiig'the types of items to be stocked and sold in the outdoor garde :.0 outdoor sales area and the outside display areas. 17. Per the revised garden center a 6'! a"' iiii .4 d 6/6/98, the front portion and first two sections of the side of the perm anenf''g""aitteil. er enclosure shall not exceed a height of 13 feet; the remainder of the enclosure sli'eilZpi exceed 20 feet in height. The enclosure shall contain a minimum four foot high brick wall to match the building, with decorative wrought iron fending above the brick pillars between sections of the iron fence. The rear of the enclosure may be black vinyl coated chain link fencing. 18. Items within the garden cent"..ond the seasonal sales area shall not be higher than the height of the enclosure. 19. The fence enclosing the sc onal salt hrea shall not exceed the six-foot maximum height allowed by City Code. ihteof the sownal sales area may occur only for a duration of 90 days between mid-Apiiy; and mi -f my each year. Operation of the seasonal sales area shall be subject to compli� Aitftl ;i<j.:'ra%.:.i.... nts in the City Code for temporary outdoor events and seasdttaj''outdoor 20. Outside displays and seasonal sales shall not exceed a duration of 90 days per year. Outside display shall be limited to three areas, each up to sixty (60) square feet in area, in conjunction with the seasonal pak-s urea east of the building. Outside display areas shall be noted on the Final 5 j?l iti b i:3;fje display shall not obstruct pedestrian walkways. Si a e 21. A single pylon sign isp2Yiltittacikte $QittktiCst corner of the site and shall meet City Sign Code requirements.....£l?b);3 93j;1if :3aii+acks. Minutes of the Regular Council Meeting on July 21.1998 page 12 22. All signage shall be consistent with the approved Sign Plans dated April 1998. Site Lighting 23. The free-standing light fidikes shall be no 40 feet and the lighting plan shall be revised to include a detail of the' -standing lights. lighting shall not be directed upon public rights-of-way or adjacent. , . eSt and 6.uch fighting shall be indirect and diffused. Aye: 5 Nay: 0 Councilmember Wachter asked 0'*& ,t the issues pertaining to the neighboring property owners. Director of Public Works Colbert stated that the consolidation of several properties would have made for a larger potential development. Mayor Egan said that the Council should be aware of the concessions these property owners are making at this time and keep in mind the value of the road being provided to them at no cost. �VEW<gL351NESS REQUEST FOR FUNDING BY:EAGAN 10$TORICAL SOCIETY FOR A BROCHURE IDENTTIFYYING•iISTQRiCAL•PLACES IN EAGAN City Administrator Hedges provided an overview on this item, stating that the Eagan Historical Society was providing this service free of charge and they are only requesting $3,200 for the cost of printing the brochures. Councilmember Blomquist informed the Council that the reprinting of the history book of Eagan was generously donated by West Group. Councilmember Blomquist moved, costs of printing for the Historical Society t PRELIMINARY ter seconded a motion to fund the of $3,200. Aye: 5 Nay: 0 CONDITIONAL USE PERMITS City Administrator Hedges provided an overvietiG 6A this item, stating that the Advisory Planning Commission recommends denial of the truck stop and the motor fuel sales. Senior Planner Ridley gave a staff report, highlighting two issues: first, whether this is an appropriate use for 1-1 zoning and second, consider access to Highway 149 and the staff recommendation to have no direct access to 149 and dedicate public right-of-way over "Borchert -Ingersoll" road to the south of the development. Irrespective of the Council action on this development.proposal, Senior Planner Ridley suggested the Council direct staff to prepare a Code amwsd i &it..to prom&& :definition of truck stop. Senior Planner Ridley further stated that staff has met tvfd :alFiiivplv¢iE paitiA and this plan is apparently acceptable to MnDOT, Starks and DART TRANSIT a p{ij;$uggesttl.'giaending Condition 9. Mr. Scott Teigan of Kwik Trip cpnfirmed that all stakeholders had reached consensus on the consolidated access issue, including D#-T'TRANW4* Mr. Teigan also gave a brief review of the history of Kwik Trip. Mr. Teigan further stated:diat:*(U: li .velkmice of DART TRANSIT to maintain the road to the south of the development as a prNUlk:i .emp.4 iGi7.fiiq the point that DART TRANSIT owns the land south of the road for another 300 feet. Mayor Egan asked for clarification of who currently owns the right of way on the frontage road. Mr. Teigan responded that MnDOT owns that right of way and that DART TRANSIT owns the private road. Councilmember Blomquist moved, •trdiim#(sa@finber Awada seconded a motion to approve a Preliminary Subdivision (Kwik Trip Eagar iq �itfo1:4,to t ate one lot and one outlot on approximately 10 acres with a Variance to create a parc@;•ivith less than tlid squired public street frontage, located south of Starks restaurant, abutting the West side of Highw9j�:149 in the NW 1/4 of Section 12 subject to the following conditions: (following dis; yWion at Round Table;. the motion was amended to delete approval of the variance request) Minutes of the Regular Council Meeting on July 21, 1998 page 13 Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3,1993: Bl, B2, B3, B4, Cl, C2, C4;<Vl and El 2. The property shall be platt4.;.; Parkin 3. Parking shall be provide" the amount to meet minimum City Code standards and the developer shall submit additional information necessary to demonstrate compliance with Code requirements prior to final subdivision approval. Landscaping 4. The preliminary landscao.b;plan 64$e revised to identify 14 Category B trees as tree mitigation, but the total rti&ber oftiees on the final landscape plan shall not be reduced from the amount shown:ojt the preliminary plan. Gradine 5. Prior to any grading and prior to final subdivision approval, the applicant must submit documentation to the City establishing the applicant's right to develop this portion of the property along with the balance of the site. 6. Erosion control measures in accordance with. �{ty standards shall be installed and maintained as part of this developgteiiC:::;::::;:;':' Water OualiX.ty 7. Water quality mitigation regdk4OP;ej s':sh�l, be met entirely through on-site ponding. The pond design shall comply with tfie:Gt � ,Standards for Detention Basin Design and a skimmer of acceptable design to the City`§]i�{Ibe installed on the pond outlet. Streets/ Access /Circulation 8. The "Borchert -Ingersoll" street along the south edge of the development shall be dedicated as a public street w4h appropriate. right-of-way. This development shall construct a temporary cul>.dp to :Egmat4tip..:Lp City standards (with public easement) at the west end of the stiget'iviprotiemeriL4; tri be removed at the time of future street extension to the west wilii.the dev4jpment of Outlot A. 9. Access to the developmPbtshall niklie allowed onto Hwy.149, except in the location of the Borchert -Ingersoll rii$a i£YI£{ !i[A ipc:;igoess consolidation onto Hwy. 149 involving Starks, Dart Transit Trari4lf'''aiid'kvwl-frip:Cft- be achieved and is acceptable to MnDOT, this condition shall not apply. Easements/Rights-of-Way Permits 10. The developer shall obtairLltiC t petCij;;approval for any grading activities within Highway 149 rightof- 11. The developer shall obtain MnDOT permit a 'roval for "Borchert -Ingersoll" road access onto Highway 1QQ :The developer sh�.. responsible for the construction of all the necessary improveq(gft;v►q.k iiglta�d�t;1 :t .s required by MnDOT as conditions of permit approval. Minutes of the Regular Council Meeting on July 21, 1998 page 14 Tree Preservation 12. The developer shall install 14 Category B trees as mitigation for significant tree removal in excess of allowable limits. 13. A revised treepreservat�pji;plan should be submitted for review and approval by the City Forester prior to fine] subdivision approval. 14. Tree Protective measures{i4 a ;""oof'�1y&*JeRe laminate safety netting) shall be installed at the Drip Ling.nr at the perimeter of the Critical Root Zone, whichever is greater, of significant ft"woodlands to be preserved. 15. The applicant shall contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. Parks and Recreation 16. This development shall Wrespon.0% for a cash parks dedication and a cash trails dedication. Aye: 5 Nay: 0 Councilmember Wachter asked that MnDOT be alerted to potential traffic problems on Highways 149 and 55. Councilmember Blomquist moved, Cou Conditional Use Permit to allow a truck stop on subject to the following condition: The pavement at the Aye: 5 Nay: 0 in seconded a motion to approve a Block 1, Kwik Trip Eagan Addition heated to prevent ice buildup. Councilmember Blomquist moved, Councilmember Awada seconded a motion to approve a Conditional Use Permit to allow motor fuel sales on proposed Lot 1, Block 1, Kwik Trip Eagan Addition subject to the following condition: 1. There shall be no outdoor storage or display of goods offered for sale. Aye: 5 Nay: 0 Councilmember Blomquist moved, Court ember Wachter seconded a motion to approve a Conditional Use Permit to allow a pylotk4n on pxtiposed Lot 1, Block 1, Kwik Trip Eagan Addition spbject to the following conditions: 1. A sign permit must be obtained before the pylon sign is installed. Prior to issuance of the sign permit, a survey shall be submitted confirming that the 300 -foot spacing requirement from other pylon signs is met. 2. The sign design should be retal sign area does not exceed 125 sq. ft. per side. Aye: 5 Nay: 0 .. GJSLAIil jii� jZC;QVI iIAi AFFATS Minutes of the Regular Council Meeting on July 21, 1998 page 15 REVIEW OF DAKOTA COUNTY'S DRAFT COMPREHENSIVE TRANSPORTATION PLAN City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report, highlighting theareas of the plan which most pertain to the City of Eagan; he asked for feedback on the plan which he tiiD communicate to the County in subsequent meetings. Mayor Egan expressed gratitude tq.Ttor of Public Works Colbert for the concise format of the presentation of this material in the pari@) ;a±di}ta£otiBfpkieC ivlasin expressed concern about any proposal to expand Pilot Knob Road to 8'late4yht~r'eviittient was met with consensus by the Council. Director of Public Works Colbert mentiotiod that the County knows the traffic must go somewhere. Councilmember Blomquist suggested logdtiog at other north -south roads like Lexington to absorb some of the traffic. Mayor Egan concurred that*other alternates must be sought and commented on the seeming reversal of policy to return 149 to County jurisdiction; he further stated that 149 should remain a state highway south of Highway 55, regardless of the jurisdiction north of Highway 55. He expressed the general sentiment that the expansions in Eagan must be realistic. Councilmember Blomquist further expressed her desire to not have to tell apy.:nf the neighbors of Pilot Knob Road that their land would be impacted by further road expansion. Councilmember Wachter thougliE Oe Cougta%:should consider using Cliff Road to expand and connect with Washington County; his cotnutent was,hiet with consensus from the Council. Mayor Egan stated that the potential for the ring-roacit611 Qviat2:sOjijieir problems was appealing, but he is still uncertain how it will all work; he further'ezpiti9sed E15af'}iei+ou7d like to see traffic stay off residential streets as much as possible. Councilmember Wachter asked if there was anything in the proposed plan to expand the Cedar Avenue bridge. Director of Public Works Colbert stated that the County was aware of the sluggish traffic at the bridge, but he did not recall any proposed plan.;:;:::::: Councilmember Blomquist expressed concgrn.;kUi EiM ring -road's detrimental effects on private property and asked if it would bepoAgtlile:t4:AIIiejiorate those effects. Director of Public Works Colbert identified the complexity of bala;jt} :'%:'& needs:p( the community at large with the impacts to individual property owners. A�Db�TINISI'Iie17''Y>~�jk�k'l?7DA .TEEN CENTER PROPOSAL City Administrator Hedges provided an overview on this item, asking the Council to select a date and time to review the Teen Center proposal. Councilmember Masin stated that 6e:t$}pughkti li :.. $jter would be reviewed at this meeting. City Administrator Hedges confirmed tZj.. M neral'i..... en of the other councilmembers, stating that there had been no date set to review this:&m. ti::> Councilmember Wachter movGa :Councili� ober Masin seconded a motion to discuss the Teen Center Proposal at an August 4, 1998 W6f3sy}iger$SQbp di :: itye: 5 Nay: 0 Councilmember Masin asked if there had been any follow up correspondence with the Parks Commission, stating that typically when a proposal is rejected, the commission is informed of the decision and how it had been reached. City Administrator Hedges explained that the Council was still considering the proposal so there was no need at•th?i_ppint for that type of correspondence. Senior Planner Ridley asked for.darification on the Cgprtcil's position regarding dedicating a public right of way at the Kwik Trip de.m" bpment location. iffier brief discussion, Councilmember Blomquist dropped the variance out ofi:riosidtttRf(4it::$finior Planner Ridley confirmed that Kwik Trip would be informed of that change.:::;...... Minutes of the Regular Council Meeting on July 21, 1998 page 16 Director of Public Works Colbert inquired if the Council still wished to receive the feasibility reports prior to the scheduled public hearing. The Council expressed the desire to continue receiving the reports ahead of time due to potential interaction with citizens on public improvement issues. City Administrator Hedges info�ted the Council that National Night Out will occur during their next regular Council meeting and ri.P4Wted that the City's Crime Watch program would be involved in the collaborative efforts of the Ci for this event. City Administrator Hedges also reported ... that he was reviewing a draft request folptodSiAF;iV3klt 6tiigt d'larmez Ridley for the Cedarvale area; RFPs will be going out soon. CouncilmeriibezSktnciili3:ti�lceiY3fthey were considering the light-rail transit hub in the plans. City Administrator Hedges stated that the hub would be a future development and that it could be a significant economiC;ijevelopment asset. Councilmember Wachter asked Senior Planner Ridley about the agreement with the Murphy Farm to keep their equipment in their building. Senior Planner Ridley stated that he has been unable to find any formal agreement on that matter. Councilmember Wachter restated that there was an agreement. Senior Planner Ridley said tte,:Would continue to look for it. Councilmember Wachter informed the Council that he has receiv&i: omplainO about the Hockey sign by the City of Eagan board on the Municipal Campus. City Admirtiftator Heifges stated that the sign raises questions about what the City Council will allow on that prop011j and s463:staff will keep an eye on the sign. Councilmember Awadi asked �diiat:fs;5miigplted fol the groundbreaking ceremony for the Family Aquatic Pool Facility. City Admiii3tttifor:letiges:irspAnded, stating that he had discussed it briefly with Director of Parks and Recreation Vraa and they had thought the City might combine the grand opening of the second sheet of ice with the groundbreaking ceremony for the pool on September 13,1998. City Administrator Hedges said that decision was up to the Council, but that there will certainly be a grand opening celebration when the pool is opened for use. Councilmember Masin suggested and Councilmember Awada supported a barbequo:jgr the groundbreaking ceremony. Director of Public Works Colbert reminded the Council:thktt kan's 25 -year birthday is next year; City Administrator Hedges said that planning is pndkfjvay;fail;that celebration and it maybe combined with the pool grand opening. Mayor Egan aticf;CAftiiciiutem§i Wachter expressed support for the groundbreaking ceremony idea. City 4t riilnis#ator H64ges stated that staff would need further direction from the Council about this cereiiioiiV-:.' `:<:..... Mayor Egan reported that he is looking forward'I&.i:;pgsitive and fruitful NOISE conference in Denver, Colorado. Councilmember Masin raised concerns about the aftereffects of the May 30 storm, stating that she had talked to a couple residents who were particularly hard hit and asked if it would be possible for the City to still accommodate their needs. City. Administrator Hedges expressed empathy with the suffering citizens, but stated that an amepdffii+i q the.GotiiiOs policy would have been necessary. He said that for most citizens, the deadlines.. y i1ie:Cotii al•'was"ieasonable and that once exceptions are made, it is very difficult to know wherOQ.Araw tf liie. Councilmember Masin stated that she thought if the City knew of the hardship ahead.(,tfine that they could have been put on a list to extend the deadline. She relayed a conversation wManother:GEfzen who still had trees down that may.begin to be infested with disease and again asked fo}eGitp)omgkepn�xception in this case and assign the City Forester to help these residents. City A riiiriisti'af1;r Fleagi�fj3id that staff could review these matters, but needed authorization and direction from the Council. Director of Public Works Colbert stated that this is really a policy question for the Council about how much dean -up should be done by the City on private property and further stated that the City has been accused previously of competing with private firms. Councilmember Awada expressed agreement, with Director of Public Works Colbert's comments. Councilmember Masin repeated that this cili rj ",:hx :tilmp take care of and that she couldn't understand why the City couldn't makeai ."... > aii'aiic .3id�e just a few people on the list to receive help after the deadline. Councilmember Blomquist thar*dd the Council and Staff for the card during her illness. She expressed -concern about the developu (:Rroposal,neas .Lktt 0!urry land; she stated that the City owes the neighbors of that development a bulTei:tq:iRit�tg �getiva effects of the zoning transition. She Minutes of the Regular Council Meeting on July 21, 1998 page 17 further stated that she has been working with the neighbors on this issue already. City Administrator Hedges stated that because this was a planned development, the City has more flexibility about how to make that transition happen. Councilmember Awada asked for clarification from Councilmember Blomquist about whether she meant a zoning buffer or a physical buffer. Councilmember Blomquist responded that any kind of buffer would :bg.better than no buffer. Councilmember Wachter dated July 16,1998 in the amount The meeting adjourned at 9:13 p.m. a motion to approve the check register AH Date City Clerk If you need these minutes in an alternative form suc)i *es leigePrint;'Biaille, audio tape, etc., please contact the City of Pagan, 3830 Pilot Knob Road, Fagan, MN 55122, (612) 6814600, (TDD phone: (612) 454-8535). The City of Fagan 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-...:.:::