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08/04/1998 - City Council RegularMinutes of the Regular City Council Meeting, August 4, 1998 page I MINUTES OF A REGULAR MEETING OF THE EAGAN CM COUNCIL Fagan, Minnesota August 4,1998 A regular meeting of the Eagan Cjty Council was held on Tuesday, August 4, 1998 at 6:30 p.m. at the Eagan Municipal Center. Present....... ts Mayor Egan and Coundlmembers Wachter, Awada, Masin and Blomquist. Also present wereity Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and Pty, A"Mm y.Jim ,Sheldon. ......i�lD k :.... Councilmember Blomquist mote Carmdlmember Wachter seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OF THE J(TLY.21 .1998 REGULAR MEETIING Councilmember Blomquist moik: CoungaMember Masin seconded a motion to approve the minutes with the change in the last sentge of thejiiragraph concluding at the top of page 5 to read "Councilmember Masin stated that the merh&irs of the Co4ncil who have insulted and offended the residents of the Windcrest neighborhood should apologize, ":eiid with tb'e:first sentence of the third paragraph on page 4 to read "In regard to Item V. Approve ChanQC'Qrden-.6gpatic,Eg{ lityPool Slides. Councilmember Wachter asked for information about the per of trealiiiAiit ttt l ;piCGG.totie.f4ed for the slides." Aye: 5 Nay: 0 REQUEST TO COMPLETE CIVIC ARENA TEAM ROOM City Administrator Hedges provided an overritW-:0ii ihis item. He explained the agreement the City reached with the Eagan Hockey Boosters.tp cgiitjilete''t}ie room through a combination of fundraising efforts and sweat equity. Councilmember Masin moved, Coiiz cila eA.ber Blomquist seconded a motion to approve a request by the Eagan High School Hockey Booster.G3A6>Sft:toAtplete the civic arena team room. Aye: 5 Nay: 0 REVIEW PROPOSAL FOR USE OF CIVIC ARENA MEZZANINE FOR TEEN ROOM City Administrator Hedges provided an overview on this item. He explained to the audience that this had been discussed at the Special City. Council Meeting prior to the Regular meeting; this matter requires further research by staff a» f ivi be on;a_fii[* agenda after several different scenarios have been generated for consideration..;::;::'""'<:: Councilmember Masin moves further research and provide possible Awada seconded a motion to direct staff to do deration. Aye: 5 Nay: 0 FIREFIGHTERS City Administrator Hedges provided an overview on this item. Fire Chief Jensen acknowledged Pat Trembley, Joe Werden, Steve Plaschko, and Jon Stevenson and presented Pat Trembley and Joe Werden with their badges. The Mayor and Counpl;applauded their acceptance and their commendable service to the community. GaN SENTs AG>rl+tt7,A. Minutes of the Regular City Council Meeting, August 4, 1998 page 2 In regard to Item C., Resolution approving special legislation authorizing additional on -sale intoxicating liquor licenses. Councilmember Blomquist stated that she is voting against this because she is not in favor of the increase. In regard to Item D., Contract 98-22, receive bids/award contract, lubilation Addition (Utilities), Director of Public Works Colbert stated that this is not an assessable project because it benefits Inver Grove Heights and is covered under tF9*:tt:rms of the Joint Powers Agreement. He stated that Inver Grove Heights has requested a contind&i& on this for 2 weeks due to the increased cost. In regard to Item E., Contrailf7}{icaiviFasl #ward contract, Country Home Heights Streets Councilmember Blomquist staie& Uai - - fs'vbtf}i'g against this project due to the initial cost of the project to the City. Mayor Egan cdpi ented that this is a significant increase in cost and a substantial change in the scope of the px. ject. Director of Public Works Colbert commented on the higher unit costs due to the timeline and stated that after review, the department had realized those costs weren't unreasonable. He stated six reasons for higher costs on this project; first, the increased estimate of how much sod was needed; second, the cost of traffic control; third, the excessive amount of common excavation which will be minimized by revised plans; fourth, the cost to investigate and verify the elevation of the existing watermaiJy:fifth the required manhole adjustment and sixth, the drainage patterns which will be modified. Dir6 t it of PulMC Works Colbert stated that it would be unlikely to see better bids by re -bidding the projetfi but tha(t modifications should bring the costs down. Mayor Egan commented on the disparity bet*vgen the I riWeer's estimate and the low bid, stating that this seemed to be an evolving pattern. Director.of:P�1?lie WgrJs. Colbert responded that the feasibility report estimates are done without field surv4;4ii3 f)S3f:Qf g:d(tafl.Qkl pI ns revealed more needs than were anticipated at the time of the feasibility report'estitii'ate'."' "''" In regard to Item H., Contract 98-09, approve change order, Valley View Plateau (Nicoll Road - Railroad Crossing), Councilmember Wachter asked how much the railroad tracks would be raised and for what length beyond the intersection. Director of Public Works Colbert stated that the tracks would be raised 4 inches at the intersection and further stated that:if::was uncertain how far this elevation would be extended. He said that poor soils in the tffea:r gated a drainage problem that impedes the activities of the railroad. In regard to Item M., Proclat Councilmember Masin asked Mayor Mayor Egan read the proclamation. A. Personnel Items to recognize the evening's events. Item 1. It was recommended to approve the promotion of Sergeant Jim McDonald to the position of Captain, effective at the time of resignation.nJ.�',aptain Jipt 5ewald. Item 2. It was recommended to appr6ym:tlie"4--'%' cky Schmid as the seasonal skating school director. Item 3. It was recommended to apprd. the jt(riilg;bf.Brad Eller as the temporary youth development 'coordinator. Item 4. It was recommended to approve the establishment of and advertising for an Arena Operations and Pool Maintenance Worker position. Item 5. It was recommended to approve the.adjpetasp.nt for the Assistant Civic Arena Manager position for Time Spent Profile (TSP) points from•, i� :6i:':Rndf :compensation from Exempt Range E to Exempt Range F. B. Approve response to Dakota CouM HRA Marice Mang..senior living community tax exempt bonds and+payment in lieu of taxes. It was rt timmended to appFOUe a response supporting the issuance by M s of the Regular City Cc it Meeting, August 4, 1998 page 3 Dakota County HRA of Marice Manor senior living community tax exempt bonds and including a payment in lieu of taxes. C. Resolution approving special legislation authorizing additional on -sale intoxicating liquor licenses It was recommended to approve the resolution approving special legislation authorizing additional on - sale intoxicating liquor licenses. (Blomquist opposes) D. Contract 98-22, receive bids/award contract, lubilation Addition (Utilities) It was recommended to receive the bids for Contract 98-22 Qubilation Addition - Utility Improvements), and continue the consideration of the contract award for two weeks. E. Contract 98-17, receive bids/award contract Country Home Heights (Streets) It was recommended to receive the bids for Contract 98-17 (Country Home Heights - Street Improvements), award the contract to Danner, Inc., for the base bid in the amount of $613,482.25, and authorize the Mayor and City Clerk to execute all related documents. (Blomquist opposes) F. Proiect 692, receive final assessment roll/schedule public hearing (Old Sibley Hwy. - Street Sanitary Sewer). It was recommended to receive the final assessment roll for Project 692 (Old Highway - Street and Utilities) and schedule a public hearing to be held on September 1, 1998. G. Award contract for waste disposal. It was recommended to award the contract for waste disposal to the successful low bidder. H. Contract 98-09, approve char was recommended to approve C Railroad Crossing Upgrade) and to approve an amendment to the D Addition (97-11) for an extension in /alley View Plateau (Nicoll Road - Railroad Crossing). It er #1 to Contract 98-09 (Valley View Plateau - Nicols Road the Mayor and City Clerk to execute all related documents. (Kingswood Pond 2nd Addition). It was recommended Contract Agreement for the Kingswood Ponds 2nd dates for the street surfacing. J. Approve the list of election judges for the Primary Election on September 15,1998. It was recommended to approve the list of election judges for the Primary Election on September 15, 1998 as attached in Exhibit A. K. Tobacco license for Minnesota Automated Retail Services to sell tobacco at the Holiday Inn Select It was recommended to approve a tobacco sales license for Minnesota Automated Retail Services to sell tobacco at the Holiday Inn Select. L. Construction/Demolition trash hauler license for Twin City Refuse. It was recommended to approve a construction/ demolition debris hauling license for Twin City Refuse as presented. M. Proclamation, observing August 4, 1998 as National Night Out. It was recommended to approve a proclamation observing August 4, 1998 as National Night Out. N. Sign Extension for a temporary sign for Promenade Oaks. It was recommended to approve an extension through December 31, 1998 for the display of a temporary marketing sign adjacent to Yankee Doodle Road for the Promenade Oaks development (Eagan Promenade 2"d Addition) located northwest of the Yankee Doodle Road and Lexington Avenue intersection. O. Coml!rehensive Guide Plan Amendment implementation for Lot 3. Block ] Eagandale Corporate Center. It was recommended to implement a Comprehensive Guide Plan Amendment changing the existing It was recommended to implement a Comprehensive Guide Plan Amendment changing the existing Land Use Guide Plan designation of a 7.8 acre parcel of land located east of Lexington Avenue just north of Neil Armstrong Boulevard (Lot 3, Block 1, Eagandale Corporate Center) from Industrial (IND) to Business Park (BP). Minutes of the Regular City Council Meeting, August 4, 1998 page 4 P. Project 736, amend consultant work order (Grand Oak Business Park - Traffic Study). It was recommended to approve an amendment to Project 736 Work Order Contract (Grand Oak Business Park) for the SRF Consulting Group, Inc. for an expanded scope of services in the amount of S2,500. Q. Project 709R, amend consultant work order (HM. 13 Improvements). It was recommended to approve an amendment to Project 709R Work Order Contract (Hwy. 13 Upgrade) for the SRF Consulting Group, Inc., for an expanded:.*Wpe of services in the amount of $76,600. R. Exemption from lawful gambling IiceN%.UMM5viUe RRteg for a raffle to be held December 5, 1998 at the Royal Cliff. It was recommenclediiir"."" p:. ".. N e o n from the lawful gambling license requirement for the Burnsville Rotary fdiiiia' '616 —RiRd-&i'December5,1998at the Royal Cliff located at 2280 Cliff Road in Eagan. S. Participation, Dakota County CDBG Pro ram. It was recommended to continue participation in the Dakota County CDBG Program. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 SPECIAL FK - City Administrator Hedges gave an overview of this item, informing the Council that this work session would be primarily dedicated to reviewing the proposqd 1999 General Fund Operating Budget. He emphasized the importance of this meeting in order to answer questions before final approval on September 14, 1998. Councilmember Awada moved, Counci1mem-twr.:?&gi.6 seconded a motion to schedule a Special City Council meeting for August 25, 1998 at.5;Q.0.:T0ji:;W3-t;bAb'w the 1999 General Fund Operating Budget. Aye: 5 Nay: 0 INFORMATIVE -DRAINAGE PRO$.11fi:AT,3738 AND 3734 GREENSBORO DRIVE City Administrator Hedges asked the Council ifa wotk session would be a more appropriate setting for a discussion on this matter. The Council agreed to e this at the next work session. PROJECT 732, FINAL ASSESSMENT HEARING, OAK POND HILLS (STREETS & UTILMES) City Administrator Hedges ............ . erYJjVw'-*0'* R-1his item. Director of Public Works Colbert gave a staff report. He comme'"on th ':':::'- s of this situation because the contract had ".T.vquenes not yet been awarded, nor had the impfo vement &ee'n installed, both of which typically occur before a fined assessment hearing takes place. W:itated thif:ihe final project had an assessed value of $22,000 per lot equivalent per City Assessment_;Ftititq. :.�u[ O;iat .►}.appraisal benefit cap on assessments was :sb- A- $14,5500 per lot equivalent. He further Properties were eligible for subdivision and would consequently be charged for the extra lot equivalent as well. He indicated that several of the residents considered the assessment appraisal by the appraiser excessive. Councilmember Masin stated that she would feel more comfortable if the neighbors agree to the project and their assessments before proceq4t. ect. Councilmember Wachter commented A :PToj that all residents in Eagan have to pay that benefit their property and stated that he consideis the residents assessments S."�bnable consij¢�'g the efforts made by the City to keep assessments down throughout times oe-flsing costs. Mayor Egan summarized his uiik&r .s,Ondu%&.ofkgj*ry oon this project, emphasizing the . . ..... ... . unique circumstance of this situation . of service for the neighborhood for the Minutes of the Regular City C :it Meeting, August 4, 1998 page 5 last 20 years. He expressed empathy with the residents and lamented the confusing nature of the r information provided about this project to this point. He further stated that the $1750 connection fee was not included in the final assessment roll and that the fee would have to be paid at the time of connection to the water and sewer systems. He asked the residents to consider the costs of maintaining their own septic systems and wells as they determine their interest in this project. Mayor Egan stated that the Council needs to be consistent in -their policies, but that it was crucial that the treatment of this neighborhood be fundamentally fair. He;O$o stated that the City should rightly absorb some of the cost of this project because some componentv'df the project could have been avoided if the City had been more visionary in their planning at the tiEye of Cgngtrl+ctior♦.yp;t2te adjacent neighborhood. He proposed a modified assessment for the properties:at:.VI WI J YJq...... lent plus the $1750 connection fee at the time of connection. Councilmember Blomquist asked: -kr clarification about assessing the potential double -lots. Mayor Egan stated that those lot equivalents would be assessed as well. Councilmember Blomquist suggested an option for the residents to defer the assessment on undeveloped lots until the owner develops the property. Mayor Egan agreed. Councilmember Awada stated that Mayor Egan's offer was very generous. Councilmember Wachter commented that it was an offer not to be passed up. Mayor Egan said that his proposed assei s ent was comparable to the Country Home Heights area that was similar to Oak Pond Hills. Mayor Egan opened the public iieiirirtg to eiSyone wishing to speak. Mr. Mike Armada addressed the Council, stating how unn sa.. Jhe:unpcgygnuants would be because of the negligible ... difference between maintaining private t¢sle fjs aii .l.' -g:"sp.gtent for the public improvement. He expressed concern about the potential damage to the iteighborliood's trees. Mr. Armada stated that the neighborhood had offered $6,000 as what they considered acceptable and that he had no more interest in seeking consensus on the project. Mayor Egan asked him if the neighborhood wanted the city to proceed with the project. Mr. Armada said that it would he unnecessary for 10-15 years. A resident from the audience asked if they could have a brief recess to discuss Mayor Egan's offer. Mayor Egan called a five minute recess. The council recessed at 7:35. Mayor Egan reconvened the Couneila;k:7c91.,and lhvited Mr. Armada to relay the results of the neighborhood's decision. Mr. Armada said `tAey vria3tl;:cePt. Mayor Egan reconfirmed that assessment on undeveloped lot equivalents would be'deferteditntil development and the connection fees would be deferred until hook-up. Councilmember Blomquist stated that she empathized with the residents' concerns about tree loss. Councilmember Wachter said a figure between the $7,000 and 514,500 would seem more reasonable to him. Mayor Egan stated that the deferred assessments on the undeveloped properties would come due at the time of developmgpt :including a;Vtmoctive interest rate of 6.5%. Director of Public Works Colbert asked if the propetiei:>Zi:Cliff Road who would not benefit from the street improvements would be assessc(i et the Mine 'rate as the other properties. Mayor Egan said that he considered $7,000 a generous offer'considei3iig the properties would have been assessed $10,000 previously. Councilmember Blomquisl:44monishRdAhe arbitrariness of the process, and stated that the Cliff Road property owners should alsd:Iiave;th ,ii�4!imentp discounted. Councilmember Wachter stated that the project should go in becaget:us_ntloeiiaxt,Yjpv:long the private systems will last; this improvement would make the neighborhood less vuln'erable:" He expressed concern about the kind of precedent being set by this decision. Councilmember Awada staled that the properties that aren't benefiting from the street improvements shouldn't be assessed the same amount as those who will benefit. Mayor Egan offered a compromised assessment to the Cliff Road properties in the amount of $6,000 per lot equivalent, subject to thesame cArtdib.ous.as the other properties. A Cliff Road property owner in the audience consented to the arrirtipeiiienf There being no one else wishing:tospeak, he turneil;L1je discussion back to the Council. Councilmember Wachter move'd;:,touncilmember ki da seconded a motion to close the public hearing and approve the final assessm21i1 kHjj:lgj )i'6f:732:FQak Pond Hills - Street and Utilities) at a Minutes of the Regular City Council Meeting, August 4, 1998 page 6 rate of $7,000 per lot equivalent for the Oak Pond Hills properties and $6,000 for the Cliff Road properties, with connection fees of $17-550 to be paid at the time of connection and the option to defer, with interest, payment on the assessment to undeveloped lot equivalents until the time the property is developed, and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 74.':FINAL ASSESSMENT HEARING SOUTHERN LAKES/IPt1?El k GROVE HEIGHTS (TRUNK UTTLnTES) City Administrator Hedges provi4FKlgi0'vgri?ijj; item. Director of Public Works Colbert gave a staff report. He reported't... t tfie'dstessiii'2iiY'affeded three parcels of land, two of which are owned by the Woodcrest Church. Hii l ted that the total assessment would be for $121,566, paid over 15 years with an interest rate of 6.5�.: Mayor Egan opened the public hearing to anyone wishing to speak. Mr. Brad Kittleson of the Woods est Church addressed the Council and stated that the assessment was acceptable. There being no one else wishing:(p speak, he turned the discussion back to the Council. Councilmember Blomquist moves; Coun6tkember Masin seconded a motion to close the public hearing and approve the final assessmefif?oll for 6.9ect 723 (Southern Lakes/Inver Grove Heights - Trunk Utilities) and authorize its certifi4a .... to I)alc'ota County for collection. Aye: 5 Nay: 0 TERMINATE INTERIM ORDINANCE (D -Il MORATORIUM) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a. staff report and recommended that should the Council la)EE:6 .orable action on the Preliminary Planned Development and the Preliminary Subdivision,..staff:Q;4ld�i+e'directed to initiate a Comprehensive Guide Plan Amendment from D-11 to D -L:.::::: :> Councilmember Awada moved, Qbrwi&bl Wmb&Wachter seconded a motion to approve the termination of the Interim Ordinance originally eiioditt)une 1997, that placed a moratorium on City action affecting property guided D-11. Aye: 5 Nay:'0'::;:;::::::i:::: PRELIMINARY PLANNED DEVELOPMENT 6r PRELIMINARY SUBDIVISION (OAKBROOKE) PULTE HOMES OF MINNESOTA, INC. City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a ' staff report. Mr. Denny Griswold of the Pu1tGCgdt....iy a t#}e�sgd:the Council, stating that the provision in condition N2 of the Preliminary Subdivi5iitn calle&:iiWihe water tower site to be an outlot, but stated that the ownership of that property wa5'unclear. f"sked that Pulte not be responsible for that property, financially or otherwise. Sertfq*Plannec Wey stated that incorporating that outlot into the Flat was in the interest of the City and t he.cAri33de1ed Mr, Griswold's request reasonable. Mr. Griswold questioned what the Ci waft 8 Hj Rj,' alae Preliminary Subdivision. Director of q h ..... ................. Public Works Colbert stated that the storm sewer system would need to be connected to the property line for overflow, commenting that all new proposed developments must accommodate drainage from adjacent properties. Mr. Griswold contended that the Engineering Standards Manual states that the first property owner is responsible for providing drainage by pipe to a proper location, thereby absolving Pul[e's responsibility. Mayor Egan asked ifit:>va6:�f(q.i Ila to pond on the site and Director of Public Works Colbert responded that the compopitditt :0 't %,rty made that impossible in this case. Mr. Griswold stated that he wanted to work. -- the City, b k'`b sidered the drainage obligation the City's responsibility. Mr. Griswold infornied:llie Council that the-.. ening Commission recommended under provision 24 that only a trail connectior,be made to Cashell.Glen and that the third phase for connection to the school would be the developer's.ti tference. He glso,*Wed that they would use 5 foot sidewalks throughout the development, rather :StAEiditt �+;fciof:Wewalks. He further commented about t}i:tii the left and right turn lanes, stating that:E}ie�iig,ftl ntatiA:':' 'f the County policy should be determined r N s of the Regular City Cc i Meeting, August 4, 1998 page 7 at that level. He stated that his understanding of the requirements for the turn lanes required them only t at neighborhood collector intersections. Mayor Egan asked for the staffs position on this matter. Director of Public Works Colbert stated that it is a County requirement for their permit for connection to a County road and confirmed that the financial responsibility for the tum lanes would rest with the developer, regardless of City action. He further stated that their only other option would be to petition the City for a public improvement t9 pstall the tum lanes, in which case, the benefiting properties would be assessed for the cost of &:Iiitprovement. Councilmember Blomquist:.t@i q ti'eiitted.thgi+kif only the trail connection in the Cashel] Glen neighborhood, but asked that the eiit+2jt i.I. tint?liit'iN tled tCashell Glen. Councilmember Awada concurred. Director of Public Works..Colbert expressed the importance of connecting the streets for ease of through traffic for the schools, b'iit!?mphasized that the connection would not promote external through traffic. Mr. Ryan Johnson, 4123 Cashel] Glen, addressed the Council and informed the Council that the Planning Commission had voted three times not to extend the road. He cited a neighborhood petition with 100 signatures against extending the cul-de-sac. He further stated that there were no fire or public safety reasons for connecting this ikfaA. Mr. Johnson also staled that the connection would require the developer to rip out the current ct6:imd guj * and redo the work that has already been done; he further stated that the developeris Posed i6 xhe extension as well. Mr. Dave Moran, 4127 Cagh*. 43lon;:Rddre d,ihe Council and supported the comments made by Mr. Johnson. He further informed::hlt; . oitti [} et:tJyeie are four handicapped children in their neighborhood who would be best served by not making the road connection at the end of the cul-de-sac. Councilmember Masin supported the position of Director of Public Works Colbert and stated that cul-de-sacs are not an efficient land use from a planning perspective. Councilmember Awada moved, Cou{tpliiigltlier:Wachter seconded a motion to approve the applicant's request for a Preliminary;Pllrifiea;I)evetopment (rezoning) from A, Agricultural to RB, Roadside Business to PD, Planned.3)Q.LeI'dpirtent J.ject to the following conditions: 1. The Oakbrooke Addit?on'1?ieiipt}nary Planned Development shall allow for the construction of 313 single fai illy dei "lied residential units. 2. The Oakbrooke Addition Planned Development shall expire five years from the date of City Council approval. 3. A Preliminary and Final Planned Development Agreement shall be executed prior to final subdivision approv, ql, The following exhibits are necessary for this Agreement: Site Signage 4. Only upon subaiidSii)f>:p(:;lig:ptgb2dingplans may the Final Planned Development proceed to the Ctty' oiYniiPltif approviil. S. Lots east of Johnny Cake Ridge Road shall have widths of not less than 55 feet. 6. A base lot/unit lot arrangement shall be allowed for those single family residential lots located west of Johnki.:QW` iid a toad. 7.• The following mittiFiium setback regditements shall be upheld: Front yardfstreet ::`::25 feet Side yard,:;:;;;;,;: •;::: ;:?;::::::::::.2::.55 feet between buildings Rear yard ::::::::::::::::; :::;;<:::': l� feet Minutes of the Regular City Council Meeting, August 4, 1998 page 8 Johnny Cake Ridge Road 25 feet Diffley Road 50 feet i Deerwood Road 50 feet Interstate 35E 50 feet 8. The property shall be platted. 9. Direct single family lot driveway access to Johnny Cake Ridge Road shall be prohibited. Aye: 4 Nay: 0 Abstain: Blomquist Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the applicant's request for Preliminary Subdivision creating 313 single family detached dwelling units upon a 117 ave site located north of Diffley Road and east of 1-35E (generally in the south half of Section 21) subject to the following conditions: 1. The Developer shall comply with these standard conditions of plat approval as adopted by Council on February 3,1993: B1, B2, B3, B4, Cl, C2, 0, DI and EI 2. The plat drawing shall be revised to add the water tower site as an outlot. 3. On-site ponding shall be the primary means to meet water quality mitigation requirements to protect Blackhawk Lake. A supplemental cash dedication shall be considered only after City water resources staff are satisfied that additional on-site ponding or other mitigation within the development site is not a practical option in reaching management objectives for Blackhawk lake. 4. On-site ponding and storm water routing configuration for the development shall be constructed as directed by City water resources staff. 5. Outlot skimmers constructed in accordance with the City's standard detail plate shall be installed on Ponds BP -35 and BP -3. 6. No discharge of untreated Mater from impervious surfaces to the four natural wetland basins within the development is allowed. 7. Draining or filling of jurisdictional wetlands within the development other than that allowed by exemptions under the Wetland Conservation Act shall be prohibited. 8. Un -maintained, un -graded buffers extending a minimum of 30 feet back from the delineated edge of the wetland shall be preserved around all five wetland basins within the site. 9. The final grading plan shall reflect house pad elevations at a minimum of three feet above the calculated high water level of the adjacent storm water basins. 10. The grading plan shall reflect all driveway grades to City standards. 11. The elevation of the proposed street stub for future connection to Blackhawk Middle/Deerwood Elementary schools shall be approved by IDS #196 prior to final plat approval. 12. Detailed plans and specifications shall be submitted with the final grading plan covering the construction of the property retaining walls. Minutes of the Regular City Council Meeting, August 4, 1998 page 9 13. The Developer shall be responsible for installing and maintaining erosion control measures in accordance with the City Erosion/Sediment Control Manual Standards. 14. The trunk storm sewer extension and storm water basin Pond BP -35 should be designed to accommodate the site's storm runoff in addition to the existing storm water runoff from the storm sewer s}!46Rt from Diffley Road. 15. The final grading and storm drainage plan shall reflect an overland drainage route for Pond BP -25 capable of a SOK$:ftt excess of a 100 -year storm event. 16. The Developer shall restrict the outflow from Pond BP -3 so as not to exceed the design high water level of Pon fJ _33 downstream. 17. The final storm drainage plan shall provide for a storm sewer connection from Deerwood Reservoir site to normal water level of Pond BP -3.4 to accommodate potential overflow drainage from the reservoir. 18. The sanitary sewer exteQjbn along.Deerwood Drive shall be constructed as to avoid impacting the City trunk Yiater mj the Cooperative Power overhead electric transmission lines, the lktfliiam Bras; :Pipeline and easement, and provided sufficient depth over the sanitary sewer alot4g the slope south from Deerwood Drive. X. 19. Berming and landscapir g:iidjai;'ilt:ii":-iiij* take Ridge Road shall be designed so as to ensure proper sight distances consistent with a 35 MPH design speed. 20. The Developer shall be responsible for the construction of left and right turn lanes on Diffley Road as required by Dakota County. 21. The northbound approach of Johnny.G72W je Road to Deerwood Drive shall contain two lanes. 22. The northern leg of Johriiiy'Cake Ridge head and Diffley Road intersection shall directly align with the existing soutiietsileg q(ythat intersection. The southbound portion of this northern leg shall contain aright=tiiiiti 1pRe brad a combination through/left-turn lane. 23. The Developer shall be responsible for a trail connection to the existing cul-de-sac on Cashell Glen within the Wenzel Addition. 24. The street connection from Johnny Cake Ridge Road to Deerwood/Blackhawk school shall be constructed with the third phase of the development. 25. The Johnny Cake Ridge W'& '7iietvsj'pttin.:Ui2::hortheast corner of the development at Deerwood Drive shall 4 with street of Deerwood Townhomes. Sufficient right-of-way for this extension at Deerwood Drive shall be obtained from the exception parcel northeast of the "elopmettit ; 26. If the City's excess propaE¢ ia:eifiuki}:jficorporated into this development, the Developer shall be responsible for constructing a paved access road from Deerwood Court to the Deerwood water tower. 27. A 6 -foot concrete sidewalk and 8 -foot bituminous trail shall be provided along Johnny Cake Ridge Road from Difflep.:Jtq&d:ti.:Deerwood Drive with a minimum of an 8400t boulevard between the sidCweik7 tiiaif 4A' -:t�he roadway curbing. All concrete sidewalks constructed within the &Qo*'pment except:fbr along Johnny Cake Ridge Road shall be constructed to a minimuri width of 5 feet.'[ 28. The tree inventory pre4.*A . 1947,SJ1ajl b� i idated per existing conditions. Minutes of the Regular City Council Meeting, August 4, 1998 page 10 29. Significant tree/woodland removal in excess of allowable limits shall be mitigated per the City's Tree Preservation Ordinance. 30. This proposal shall be subject to a cash parks and a cash trails dedication. Aye: 4 Nay: 0 Abstain: Blomquist Councilmember Awada moved,'Councilmember Wachter seconded a motion to initiate a Comprehensive Guide Plan AmendmenC:t�iaigtt jJf3i9:�idtSt?$t and Use Guide Plan designation of the subject site from D -II, Mixed ResidentiaF(t1lYiiiriY3jac }lirl %f Single Family Residential (0.3 units/acre). Aye: 4 Nay: 0 Abstain:.Rlomquist CONTRACT 98.16, RECEIVE BIDS/AWARD CONTRACT, WESCOTT WOODLANDS (STREETS & UTILITIES) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. He stated th this project affects a variety of property -owners along Wescott Woodlands and described the V' tfous scWules included in the bids. He recommended that the City enter into a written agreement W''Wi the neipbors prior to beginning the project, but informed the Council that the details of that proceiK:was not;.yet complete. He commented that the differences between the bid amounts arrived through meetings'with the residents and reductions of project components totaling approximately 5364AOI :`gi Sgfe3 ihiGl+anges to the project can be done through change orders, but emphasized the need'fb'i5e'giri'tliis:proged: iYson to complete it during this construction season. He stated that staff was unable to provide the financial analysis as requested at the public hearing due to appraisals not being completed for both tate assessment benefit and easement acquisition. Councilmember Blomquist moved, Councilmember•]N' sin seconded a motion to receive the bids for Contract 98-16 (Wescott Woodlands - Streetsaitd:U ' ties) awarding the contract to the lowest bidder and authorize the Mayor and City ,Clerk:t6i4, xecdw all related documents. Aye: 5 Nay: 0 CONTRACT 98-18, RECEIVE $tD.5JAI.VARD CbNTRACT, OAK POND HILLS ADD. (StttEt 5Ei;S3FiIITIES) City Administrator Hedges provided an overviewb":c is item. Director of Public Works Colbert gave a staff report. He directed the attention of the Council to the accuracy of the feasibility report for this project. Councilmember Wachter moved, Councilmember Blomquist seconded a motion to receive the bids for Contract 98-18 and award the contract.; Aye: 5 Nay: .0 REVIEW DAKOTA COUNTY 5 YEAR CAPITAL IMPROVEMENT PROGRAM (1999-2003) City Administrator Hedges pro v;frV¢LvFe:6ii:this item. He clarified the difference between this plan and the traffic plan reviewed at the la'sf'iiieeting. Director of Public Works reviewed the CIP and the staff's recommendations. He stated that City staff recommend postponing Lexington Avenue improvements from 1999 to 2000, postponing Lone Oak Road improvements from Neil Armstrong Boulevard to Hwy 55 to 1999, to reschedule the continuation of Lone Oak Road to the year 2001, and to put the upgrade of Cliff Road intgfhelvture,category with no specific year, unless otherwise indicated by the Council. He irtfgrrSl! i�:3ili:a?+t7P1 of staff recommendations on intersection signalization, suggesting postponement OFthe Lexingtoii,eiia•Wescotl intersection until an undecided future date, move from future date to 199 the intersection and Johnny Cake Ridge Road, and to identify new signals on Lexington AyoAue at Gemini and.41Northwood Parkway to be completed . with the upgrade of Lexington Avenue iii:lhe year 2000. Minutes of the Regular City Council Meeting, August 4, 1998 page 11 Councilmember Wachter stated that Cliff Road is important, and suggested doing the upgrade before staffs recommendation. Director of Public Works Colbert commented on the amount of requests received for upgrading Cliff Road. Councilmember Awada suggested proceeding this year with the public hearings for an upgrade for Cliff Road. Councilmember Masin noted thayihe signal at Diffley and Rahn had been entirely eliminated and expressed interest in adding that into* e"on to the plan pending approval by the neighborhood. Director of Public Works Colbert stated ilia'( the Council would have this opportunity to review the plan annually. He offered to include the intecSlicm .Itt.a fitper a gq¢Ggory to allow for yearly review of the situation at the intersection. Councilmember Wachter restat6;X:his interest in upgrading Cliff Road as soon as possible. Mayor Egan and Councilmember Awada'ei pressed support for his suggestion. Councilmember Blomquist suggested that Cliff Road be improved all the way to Hwy 3 due to increasing traffic from the Southem Lakes Development and the continued improvements'to the County Park System. Councilmember Wachter moved, Councilmember Awada seconded a motion forward these comments for consideration by the Couilty.in preparing their 1999-2003 CIP, emphasizing the importance of accelerating improvements to Cliff koad. Aye: 5 Nay: 0 CONDITIONAL USBEERMIT - MEPCO, INC. City Administrator Hedges proiiiiC<{Ri'niiCtYjeid:bti'lj+is item. He stated that the Advisory Planning Council voted to recommend approval of the CUP. Senior Planner Ridley gave a staff report. Councilmember Awada moved, Councilmember Masin seconded a motion to approve a Conditional Use Permit to allow outdoor storage of trucks on Lots 1 and 2, Block 1, Eagandale Center Industrial Park 12th Addition, located at 1245 Trapp Road in the NE 2/4 of Section 3, subject to the following conditions: 1. This permit shall be recorAedai'ffte Liakota County Recorder's office within 60 days of Council action. 2. Overnight outside tractor-trailer'storag'q:j$.allowed at each of Air Plus' seven dock doors and only at the dock doors. 3. Storage of up to four 28 -foot straight trucks is allowed north of the building. The Developer shall provide a revised site plan that identifies the straight truck storage area on the north side of the building. Aye: 5 Nay: 0 FINAL PLAT, EAK 'iiNDAL� CORPORATE CENTER NO. S CONDITIONAL US�:PERMTI'4 VARIANCE, DART TRANSIT City Administrator Hedges prp fined; 31k RYei vfRw-,(p..this item. Senior Planner Ridley gave a staff report. He stated that the Planning:l3utiiiiii>asiiiii:#q of the trail connection in the proposal and that the Parks Commission supported the connection, but that the Parks Commission had not discussed the issue of encroaching in the 30 foot wetland buffer. Mr. Chuck Hall was present and addressed the Council as a representative of the Faithful Shepherd Catholic School. He stated that he.t?i64gfitiftQy:informed the Parks Commission that they would need to infringe on the wetland bN&-*r,4 iai6ie3-,- i► Director of Parks and Recreation Vraa and the City Attorney's office are working (? f*ressing the tvel7ands issue. Councilmember Wachter questfptted the developmekg:related issues. Senior Planner Ridley confirmed that the storage issues have:k06n7e5R1ved ,Gvu>t�nember Wachter asked about the trees Minutes of the Regular City Council Meeting, August 4, 1998 page 12 and Senior Planner Ridley responded that City Forester Hove was meeting with the developer to ensure a proper landscaping plan. Mr. Jack Grotkin of R J Ryan Construction addressed the Council and informed the Council that the landscaping and tree mitigation plan had been approved by City Forester Hove. Councdmember Wachter moved t6uncilmember Awada seconded a motion to approve a Final Plat (Eagandale Corporate Center No. 5).feplaUjngI pW.l ;"d 2, Block 1, Eagandale Corporate Center and adjacent unplatted property to the sANt)+:ui;CfCate .. Son approximately 26 acres. Aye: 5 Nay: 0 Councdmember Wachter moved - Dundlmember Awada seconded a motion to approve a Conditional Use Permit to allow the overnight outdoor storage of trucks on property located south of Aldrin Drive in the SW t/4 of Section 11, subject to the following conditions: 1. The property shall be replotted. 2. This permit shall be recottled at t} 40akota County Recorder's office with the final plat. 3. Overnight outside storage:bf trailers and tractor -trailers shall occur only at the loading docks east and west of t}1B;Ixy3digg; 4. The bituminous surfacing shall 6e"propeily"maintained to prevent deterioration. 5. If the City determines that additional off-street parking is necessary, the owner shall install at their expense the proof of parking areas according to the approved site plan. 6. Any rooftop equipment shall be screened irop'view from the public right-of-way. 7. On-site lighting shall be -pro... a ii:iis'iS ii2tessary for security, safety and traffic circulation. Lighting slalt:not be directpa upon public rights-of-way or adjacent properties. Such illumination siipR be. sl gilded and diffused, and directed downward so as not to cause glare to adjaceiiCprpperly:pr,nghtof-way. 8. All trash handling equipment shall be locafe'd'within the building, or within an enclosure consistent with City Code design requirements. 9. The landscape plans shall be prepared by a registered landscape architect or certified nursery person. Automatic irrigation is required for landscaped areas and shall be noted on the plans. 10. The applicant shall wove.: Minutes of the Regular City Council Meeting, August 4, 1998 page 13 15. A revised Grading Plan and a revised Tree Preservation Plan shall be submitted which show proposed grading limits and the location and type of Tree Protection Fence. Tree Protection Fence shall be placed at the edge of the Critical Root Zone. 16. The Developer shall contact the City Forester at least five (5) days prior to the issuance of a grading permit to er8µte compliance with the approved Tree Preservation Plan. 17. Fill in areas east and sou" dxgf ; m. 'that is within the Critical Root Zone of .. trees to be preserved shal;X&9tjirV2t�;tu.bY3giial grade. 18. The Landscape/Tree Mifi&8tion Plan shall be revised to provide additional landscape materials for required s6�"& and additional trees for tree preservation mitigation. Mitigation trees shall be located in the areas east of the proposed building and parking lot, the area between and around the two water bodies and the area south and southwest of the proposed building. In all, a total of 36 Category B trees (or an equivalent number of Category A and/or Category C trees) shall be provided for mitigation purposes beyQfrd those.ihat are required for screening purposes. Aye: 5 Nay: 0 Councilmember Wachter moved .GartbciJmember:Ayyada seconded a motion to approve a Variance of five feet to the required five%{dpt:.paVi+A Cp6;c k .'41;for side yards to allow a shared driveway on property located south of Aldrin Drive in the of Section 11. Aye: 5 Nay: 0 ORDINANCE AMENDMENT - CHAPTER TEN CONSTRUCTION/DEMOLITION DEBRIS HAULING City Administrator Hedges provided item. He stated that the main change would allow greater flexibility for the haulers :wiEli:acapacity not to exceed 160 square feet in area, no greater than 20 feet in length. Councilmember Wachter asked if t}iescclS�]lges ;would affect the weight restrictions or impact the roads with undue stress. City Administrator Hi dges;ii?8ponded that the haulers still have to adhere to the weight restrictions. Councilmember Blomquist stiggesteitcontinuing the amendment. City Administrator Hedges further stated that the amendment would remain unpublished if staff found there would be problems with weight requirements and the matter would come back to the Council for further consideration. Councilmember Blomquist moved, ordinance amendment to Chapter Ten of.ti refuse. Aye: 5 Nay: 0 City Administrator Hedges Masin seconded a motion to approve an riling storage, deposit and disposal of Mayor Egan commented on the success of the NOISE conference in Colorado. Councilmember Masin expressed particular appreciation for the speaker from NASA who spoke on subsonic technology, stating that she looked forward to quieter aircraft in the future. City Administrator Hedges infoi'itied the Counciltilfdf.he had received requests from developers and companies wishing to appear before the Council in a w'oi3cshop format to discuss potential developments "in concept." He stated:0iiR the Council's position has been to be consistent and have all development proposals go through thea}Ait!sla{..4.pF.occ s;ext?EFt in extraordinary cases. He stated support for the policy due to complicatioii9;ifof ensuring public knowledge, staff Minutes of the Regular City Council Meeting, August 4. 1998 page 14 attention and Council education on any proposal for consideration. The Council supported their previous position, with the understanding that discretion is needed in some cases. Councilmember Awada reminded everyone that individuals are welcome to contact Councilmembers outside meeting situations via phone, mail, etc. Councilmember Wachter independently toured the Ice Arena and the Aquatic Facility and commented on the outstanding progress:Ujthe second sheet of ice. He asked that his packet be delivered to the house and not left in the:ti' ilbox. He expressed concern about the proposal from the Methodist Church and its potential confli+*-w":.umpS..dw.*"a-f6r a tree nursery. Councilmember Awada gave ark update on the progress of the tree planting program. She asked about the status of the groundbreaking 4�.� . i;.mony for the Aquatic Facility and second sheet of ice opening. City Administrator Hedges stA a that options would be ready for Council consideration after he meets with Director of Parks and Recreation Vraa and Communications Coordinator Foote. Mayor Egan read a thank -you note from Kay Ferguson, wife of Bob Ferguson, and commented on the important role of Mr. Ferguson in.khe Eagan community in the year; prior to his recent death. Councilmember Blomquist askOOSertior Fliiiner Ridley if it would be possible to consider the Walgreen's facility as part of an entire O; ct witla"the neighborhood rather than in isolation. Senior Planner Ridley commented on the location of the f�tage road at the development location and the landscape proposal for the development..tliat-woaW:,set.the.4;Wndard for the area and future neighboring ': developments. He confirmed that the et.�8' idered at the next Regular City Council meeting as part of the Preliminary Subdivision request. Councilmember Wachter moved, Mayor EgansKaddid a motion to approve the check register dated July 30, 1998 in the amount of 53,157,6.2.1..... i.d:.;:3-'Nay: 0 The meeting adjourned at 9:31 p.m. 13141 Date City Clerk If you need these minutes in an alternative fO.ft'A': lar" Vprit1w raille, audio tape, etc., please contact the City of Eagan, XV Pilot Knob Road, Eagan, M"Z (61 4600, (TDD phone: (612) 451-9535). The City of Eagan is committed to the polic*:.Ihat all pe.Mps have equal access to its programs, services, activities, facilities and employment without regard religion, national origin, sex, disability, age, sexual orientation, marital status or status with reiivdlib f. Democrat s Don Giblin Elizabeth Bassen Dict Beatty Alyce Bolke Eleanor Bruce Marilyn Defrang Gladys Byrnes Judy Christopher Carol Sue Cruz Karen Daft Geriamte Dodge James Driscoll William Guelc her Franck Hamernik Judy Hansen Buma Heine Carola Jones Patricia Kaeder Walter Lawrence Richard LaMay Arlene Leibel Robert Zimmerman Richard Nioolay Clarice Nitti Charlotte O'Donnell Marcine Olson Sharon Orth Evelyn Oneness Margaret Pellerin Ruth Pryor Pat Rask Lorraine Rieger Martie Ruzicka Judy Saima Sheila shay Ann Thomas Ruth Twomey Stu VonDdAnde Marilyn Young Anthony Wilkes Sr Loma Tittl Diane Tapper Bill Skar LIST OF ELECTION JUDGES FOR PRIMARY City Count �. August 4.1998 Republican Vicki Jabbra Marge Jacobs Penny Johnson Jean Kimber Shirlee Klang Alice Kmitz.::: Corti Walters Ruth Lilley Phyllis Manthey Zella Mirick Barb Nuttal] Independent Donna Heir Norman Himl Jan Beliveau Grover Bellile Sharon Bruce Penny Breuer Adeline Buehler Charles Fischer Elaine Fischer Karen Flood Jean Hammon Michelle Huck Richard IHert Jeanne Koehler Yvonne Krisnik Eleanor Morson Emily Medin June Nelson Virginia Nicolay Stephen Olson Judy Peterson Patricia Ricke Christine Sebert Donald Sekman Nancy Severson Mary Teske Paul Teske Carolyn Thurston Phyllis Squiers Bill Fish Eldoris Ohm Julie Kaufman Beth Porter Robert Meckley Dawn Struble Gloria McCammon Judy Hawley Dawn Stable Judy Hawley Betty Ramsey Vivian Date Julie Kaufman -Boom Mary McGuire Gloria Wachtler Jody Severson Patti Paul Pat Larson Thomas Pahl Lucia Johnson EXHIBIT A Minutes of the Regular City Council Meeting, August 4, 1998 page I MINUTES OF A REGULAR MEETING OF THE EAGAN CM COUNCIL Fagan, Minnesota August 4,1998 A regular meeting of the Eagan Cjty Council was held on Tuesday, August 4, 1998 at 6:30 p.m. at the Eagan Municipal Center. Present....... ts Mayor Egan and Coundlmembers Wachter, Awada, Masin and Blomquist. Also present wereity Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and Pty, A"Mm y.Jim ,Sheldon. ......i�lD k :.... Councilmember Blomquist mote Carmdlmember Wachter seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OF THE J(TLY.21 .1998 REGULAR MEETIING Councilmember Blomquist moik: CoungaMember Masin seconded a motion to approve the minutes with the change in the last sentge of thejiiragraph concluding at the top of page 5 to read "Councilmember Masin stated that the merh&irs of the Co4ncil who have insulted and offended the residents of the Windcrest neighborhood should apologize, ":eiid with tb'e:first sentence of the third paragraph on page 4 to read "In regard to Item V. Approve ChanQC'Qrden-.6gpatic,Eg{ lityPool Slides. Councilmember Wachter asked for information about the per of trealiiiAiit ttt l ;piCGG.totie.f4ed for the slides." Aye: 5 Nay: 0 REQUEST TO COMPLETE CIVIC ARENA TEAM ROOM City Administrator Hedges provided an overritW-:0ii ihis item. He explained the agreement the City reached with the Eagan Hockey Boosters.tp cgiitjilete''t}ie room through a combination of fundraising efforts and sweat equity. Councilmember Masin moved, Coiiz cila eA.ber Blomquist seconded a motion to approve a request by the Eagan High School Hockey Booster.G3A6>Sft:toAtplete the civic arena team room. Aye: 5 Nay: 0 REVIEW PROPOSAL FOR USE OF CIVIC ARENA MEZZANINE FOR TEEN ROOM City Administrator Hedges provided an overview on this item. He explained to the audience that this had been discussed at the Special City. Council Meeting prior to the Regular meeting; this matter requires further research by staff a» f ivi be on;a_fii[* agenda after several different scenarios have been generated for consideration..;::;::'""'<:: Councilmember Masin moves further research and provide possible Awada seconded a motion to direct staff to do deration. Aye: 5 Nay: 0 FIREFIGHTERS City Administrator Hedges provided an overview on this item. Fire Chief Jensen acknowledged Pat Trembley, Joe Werden, Steve Plaschko, and Jon Stevenson and presented Pat Trembley and Joe Werden with their badges. The Mayor and Counpl;applauded their acceptance and their commendable service to the community. GaN SENTs AG>rl+tt7,A. Minutes of the Regular City Council Meeting, August 4, 1998 page 2 In regard to Item C., Resolution approving special legislation authorizing additional on -sale intoxicating liquor licenses. Councilmember Blomquist stated that she is voting against this because she is not in favor of the increase. In regard to Item D., Contract 98-22, receive bids/award contract, lubilation Addition (Utilities), Director of Public Works Colbert stated that this is not an assessable project because it benefits Inver Grove Heights and is covered under tF9*:tt:rms of the Joint Powers Agreement. He stated that Inver Grove Heights has requested a contind&i& on this for 2 weeks due to the increased cost. In regard to Item E., Contrailf7}{icaiviFasl #ward contract, Country Home Heights Streets Councilmember Blomquist staie& Uai - - fs'vbtf}i'g against this project due to the initial cost of the project to the City. Mayor Egan cdpi ented that this is a significant increase in cost and a substantial change in the scope of the px. ject. Director of Public Works Colbert commented on the higher unit costs due to the timeline and stated that after review, the department had realized those costs weren't unreasonable. He stated six reasons for higher costs on this project; first, the increased estimate of how much sod was needed; second, the cost of traffic control; third, the excessive amount of common excavation which will be minimized by revised plans; fourth, the cost to investigate and verify the elevation of the existing watermaiJy:fifth the required manhole adjustment and sixth, the drainage patterns which will be modified. Dir6 t it of PulMC Works Colbert stated that it would be unlikely to see better bids by re -bidding the projetfi but tha(t modifications should bring the costs down. Mayor Egan commented on the disparity bet*vgen the I riWeer's estimate and the low bid, stating that this seemed to be an evolving pattern. Director.of:P�1?lie WgrJs. Colbert responded that the feasibility report estimates are done without field surv4;4ii3 f)S3f:Qf g:d(tafl.Qkl pI ns revealed more needs than were anticipated at the time of the feasibility report'estitii'ate'."' "''" In regard to Item H., Contract 98-09, approve change order, Valley View Plateau (Nicoll Road - Railroad Crossing), Councilmember Wachter asked how much the railroad tracks would be raised and for what length beyond the intersection. Director of Public Works Colbert stated that the tracks would be raised 4 inches at the intersection and further stated that:if::was uncertain how far this elevation would be extended. He said that poor soils in the tffea:r gated a drainage problem that impedes the activities of the railroad. In regard to Item M., Proclat Councilmember Masin asked Mayor Mayor Egan read the proclamation. A. Personnel Items to recognize the evening's events. Item 1. It was recommended to approve the promotion of Sergeant Jim McDonald to the position of Captain, effective at the time of resignation.nJ.�',aptain Jipt 5ewald. Item 2. It was recommended to appr6ym:tlie"4--'%' cky Schmid as the seasonal skating school director. Item 3. It was recommended to apprd. the jt(riilg;bf.Brad Eller as the temporary youth development 'coordinator. Item 4. It was recommended to approve the establishment of and advertising for an Arena Operations and Pool Maintenance Worker position. Item 5. It was recommended to approve the.adjpetasp.nt for the Assistant Civic Arena Manager position for Time Spent Profile (TSP) points from•, i� :6i:':Rndf :compensation from Exempt Range E to Exempt Range F. B. Approve response to Dakota CouM HRA Marice Mang..senior living community tax exempt bonds and+payment in lieu of taxes. It was rt timmended to appFOUe a response supporting the issuance by M s of the Regular City Cc it Meeting, August 4, 1998 page 3 Dakota County HRA of Marice Manor senior living community tax exempt bonds and including a payment in lieu of taxes. C. Resolution approving special legislation authorizing additional on -sale intoxicating liquor licenses It was recommended to approve the resolution approving special legislation authorizing additional on - sale intoxicating liquor licenses. (Blomquist opposes) D. Contract 98-22, receive bids/award contract, lubilation Addition (Utilities) It was recommended to receive the bids for Contract 98-22 Qubilation Addition - Utility Improvements), and continue the consideration of the contract award for two weeks. E. Contract 98-17, receive bids/award contract Country Home Heights (Streets) It was recommended to receive the bids for Contract 98-17 (Country Home Heights - Street Improvements), award the contract to Danner, Inc., for the base bid in the amount of $613,482.25, and authorize the Mayor and City Clerk to execute all related documents. (Blomquist opposes) F. Proiect 692, receive final assessment roll/schedule public hearing (Old Sibley Hwy. - Street Sanitary Sewer). It was recommended to receive the final assessment roll for Project 692 (Old Highway - Street and Utilities) and schedule a public hearing to be held on September 1, 1998. G. Award contract for waste disposal. It was recommended to award the contract for waste disposal to the successful low bidder. H. Contract 98-09, approve char was recommended to approve C Railroad Crossing Upgrade) and to approve an amendment to the D Addition (97-11) for an extension in /alley View Plateau (Nicoll Road - Railroad Crossing). It er #1 to Contract 98-09 (Valley View Plateau - Nicols Road the Mayor and City Clerk to execute all related documents. (Kingswood Pond 2nd Addition). It was recommended Contract Agreement for the Kingswood Ponds 2nd dates for the street surfacing. J. Approve the list of election judges for the Primary Election on September 15,1998. It was recommended to approve the list of election judges for the Primary Election on September 15, 1998 as attached in Exhibit A. K. Tobacco license for Minnesota Automated Retail Services to sell tobacco at the Holiday Inn Select It was recommended to approve a tobacco sales license for Minnesota Automated Retail Services to sell tobacco at the Holiday Inn Select. L. Construction/Demolition trash hauler license for Twin City Refuse. It was recommended to approve a construction/ demolition debris hauling license for Twin City Refuse as presented. M. Proclamation, observing August 4, 1998 as National Night Out. It was recommended to approve a proclamation observing August 4, 1998 as National Night Out. N. Sign Extension for a temporary sign for Promenade Oaks. It was recommended to approve an extension through December 31, 1998 for the display of a temporary marketing sign adjacent to Yankee Doodle Road for the Promenade Oaks development (Eagan Promenade 2"d Addition) located northwest of the Yankee Doodle Road and Lexington Avenue intersection. O. Coml!rehensive Guide Plan Amendment implementation for Lot 3. Block ] Eagandale Corporate Center. It was recommended to implement a Comprehensive Guide Plan Amendment changing the existing It was recommended to implement a Comprehensive Guide Plan Amendment changing the existing Land Use Guide Plan designation of a 7.8 acre parcel of land located east of Lexington Avenue just north of Neil Armstrong Boulevard (Lot 3, Block 1, Eagandale Corporate Center) from Industrial (IND) to Business Park (BP). Minutes of the Regular City Council Meeting, August 4, 1998 page 4 P. Project 736, amend consultant work order (Grand Oak Business Park - Traffic Study). It was recommended to approve an amendment to Project 736 Work Order Contract (Grand Oak Business Park) for the SRF Consulting Group, Inc. for an expanded scope of services in the amount of S2,500. Q. Project 709R, amend consultant work order (HM. 13 Improvements). It was recommended to approve an amendment to Project 709R Work Order Contract (Hwy. 13 Upgrade) for the SRF Consulting Group, Inc., for an expanded:.*Wpe of services in the amount of $76,600. R. Exemption from lawful gambling IiceN%.UMM5viUe RRteg for a raffle to be held December 5, 1998 at the Royal Cliff. It was recommenclediiir"."" p:. ".. N e o n from the lawful gambling license requirement for the Burnsville Rotary fdiiiia' '616 —RiRd-&i'December5,1998at the Royal Cliff located at 2280 Cliff Road in Eagan. S. Participation, Dakota County CDBG Pro ram. It was recommended to continue participation in the Dakota County CDBG Program. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 SPECIAL FK - City Administrator Hedges gave an overview of this item, informing the Council that this work session would be primarily dedicated to reviewing the proposqd 1999 General Fund Operating Budget. He emphasized the importance of this meeting in order to answer questions before final approval on September 14, 1998. Councilmember Awada moved, Counci1mem-twr.:?&gi.6 seconded a motion to schedule a Special City Council meeting for August 25, 1998 at.5;Q.0.:T0ji:;W3-t;bAb'w the 1999 General Fund Operating Budget. Aye: 5 Nay: 0 INFORMATIVE -DRAINAGE PRO$.11fi:AT,3738 AND 3734 GREENSBORO DRIVE City Administrator Hedges asked the Council ifa wotk session would be a more appropriate setting for a discussion on this matter. The Council agreed to e this at the next work session. PROJECT 732, FINAL ASSESSMENT HEARING, OAK POND HILLS (STREETS & UTILMES) City Administrator Hedges ............ . erYJjVw'-*0'* R-1his item. Director of Public Works Colbert gave a staff report. He comme'"on th ':':::'- s of this situation because the contract had ".T.vquenes not yet been awarded, nor had the impfo vement &ee'n installed, both of which typically occur before a fined assessment hearing takes place. W:itated thif:ihe final project had an assessed value of $22,000 per lot equivalent per City Assessment_;Ftititq. :.�u[ O;iat .►}.appraisal benefit cap on assessments was :sb- A- $14,5500 per lot equivalent. He further Properties were eligible for subdivision and would consequently be charged for the extra lot equivalent as well. He indicated that several of the residents considered the assessment appraisal by the appraiser excessive. Councilmember Masin stated that she would feel more comfortable if the neighbors agree to the project and their assessments before proceq4t. ect. Councilmember Wachter commented A :PToj that all residents in Eagan have to pay that benefit their property and stated that he consideis the residents assessments S."�bnable consij¢�'g the efforts made by the City to keep assessments down throughout times oe-flsing costs. Mayor Egan summarized his uiik&r .s,Ondu%&.ofkgj*ry oon this project, emphasizing the . . ..... ... . unique circumstance of this situation . of service for the neighborhood for the Minutes of the Regular City C :it Meeting, August 4, 1998 page 5 last 20 years. He expressed empathy with the residents and lamented the confusing nature of the r information provided about this project to this point. He further stated that the $1750 connection fee was not included in the final assessment roll and that the fee would have to be paid at the time of connection to the water and sewer systems. He asked the residents to consider the costs of maintaining their own septic systems and wells as they determine their interest in this project. Mayor Egan stated that the Council needs to be consistent in -their policies, but that it was crucial that the treatment of this neighborhood be fundamentally fair. He;O$o stated that the City should rightly absorb some of the cost of this project because some componentv'df the project could have been avoided if the City had been more visionary in their planning at the tiEye of Cgngtrl+ctior♦.yp;t2te adjacent neighborhood. He proposed a modified assessment for the properties:at:.VI WI J YJq...... lent plus the $1750 connection fee at the time of connection. Councilmember Blomquist asked: -kr clarification about assessing the potential double -lots. Mayor Egan stated that those lot equivalents would be assessed as well. Councilmember Blomquist suggested an option for the residents to defer the assessment on undeveloped lots until the owner develops the property. Mayor Egan agreed. Councilmember Awada stated that Mayor Egan's offer was very generous. Councilmember Wachter commented that it was an offer not to be passed up. Mayor Egan said that his proposed assei s ent was comparable to the Country Home Heights area that was similar to Oak Pond Hills. Mayor Egan opened the public iieiirirtg to eiSyone wishing to speak. Mr. Mike Armada addressed the Council, stating how unn sa.. Jhe:unpcgygnuants would be because of the negligible ... difference between maintaining private t¢sle fjs aii .l.' -g:"sp.gtent for the public improvement. He expressed concern about the potential damage to the iteighborliood's trees. Mr. Armada stated that the neighborhood had offered $6,000 as what they considered acceptable and that he had no more interest in seeking consensus on the project. Mayor Egan asked him if the neighborhood wanted the city to proceed with the project. Mr. Armada said that it would he unnecessary for 10-15 years. A resident from the audience asked if they could have a brief recess to discuss Mayor Egan's offer. Mayor Egan called a five minute recess. The council recessed at 7:35. Mayor Egan reconvened the Couneila;k:7c91.,and lhvited Mr. Armada to relay the results of the neighborhood's decision. Mr. Armada said `tAey vria3tl;:cePt. Mayor Egan reconfirmed that assessment on undeveloped lot equivalents would be'deferteditntil development and the connection fees would be deferred until hook-up. Councilmember Blomquist stated that she empathized with the residents' concerns about tree loss. Councilmember Wachter said a figure between the $7,000 and 514,500 would seem more reasonable to him. Mayor Egan stated that the deferred assessments on the undeveloped properties would come due at the time of developmgpt :including a;Vtmoctive interest rate of 6.5%. Director of Public Works Colbert asked if the propetiei:>Zi:Cliff Road who would not benefit from the street improvements would be assessc(i et the Mine 'rate as the other properties. Mayor Egan said that he considered $7,000 a generous offer'considei3iig the properties would have been assessed $10,000 previously. Councilmember Blomquisl:44monishRdAhe arbitrariness of the process, and stated that the Cliff Road property owners should alsd:Iiave;th ,ii�4!imentp discounted. Councilmember Wachter stated that the project should go in becaget:us_ntloeiiaxt,Yjpv:long the private systems will last; this improvement would make the neighborhood less vuln'erable:" He expressed concern about the kind of precedent being set by this decision. Councilmember Awada staled that the properties that aren't benefiting from the street improvements shouldn't be assessed the same amount as those who will benefit. Mayor Egan offered a compromised assessment to the Cliff Road properties in the amount of $6,000 per lot equivalent, subject to thesame cArtdib.ous.as the other properties. A Cliff Road property owner in the audience consented to the arrirtipeiiienf There being no one else wishing:tospeak, he turneil;L1je discussion back to the Council. Councilmember Wachter move'd;:,touncilmember ki da seconded a motion to close the public hearing and approve the final assessm21i1 kHjj:lgj )i'6f:732:FQak Pond Hills - Street and Utilities) at a Minutes of the Regular City Council Meeting, August 4, 1998 page 6 rate of $7,000 per lot equivalent for the Oak Pond Hills properties and $6,000 for the Cliff Road properties, with connection fees of $17-550 to be paid at the time of connection and the option to defer, with interest, payment on the assessment to undeveloped lot equivalents until the time the property is developed, and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 74.':FINAL ASSESSMENT HEARING SOUTHERN LAKES/IPt1?El k GROVE HEIGHTS (TRUNK UTTLnTES) City Administrator Hedges provi4FKlgi0'vgri?ijj; item. Director of Public Works Colbert gave a staff report. He reported't... t tfie'dstessiii'2iiY'affeded three parcels of land, two of which are owned by the Woodcrest Church. Hii l ted that the total assessment would be for $121,566, paid over 15 years with an interest rate of 6.5�.: Mayor Egan opened the public hearing to anyone wishing to speak. Mr. Brad Kittleson of the Woods est Church addressed the Council and stated that the assessment was acceptable. There being no one else wishing:(p speak, he turned the discussion back to the Council. Councilmember Blomquist moves; Coun6tkember Masin seconded a motion to close the public hearing and approve the final assessmefif?oll for 6.9ect 723 (Southern Lakes/Inver Grove Heights - Trunk Utilities) and authorize its certifi4a .... to I)alc'ota County for collection. Aye: 5 Nay: 0 TERMINATE INTERIM ORDINANCE (D -Il MORATORIUM) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a. staff report and recommended that should the Council la)EE:6 .orable action on the Preliminary Planned Development and the Preliminary Subdivision,..staff:Q;4ld�i+e'directed to initiate a Comprehensive Guide Plan Amendment from D-11 to D -L:.::::: :> Councilmember Awada moved, Qbrwi&bl Wmb&Wachter seconded a motion to approve the termination of the Interim Ordinance originally eiioditt)une 1997, that placed a moratorium on City action affecting property guided D-11. Aye: 5 Nay:'0'::;:;::::::i:::: PRELIMINARY PLANNED DEVELOPMENT 6r PRELIMINARY SUBDIVISION (OAKBROOKE) PULTE HOMES OF MINNESOTA, INC. City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a ' staff report. Mr. Denny Griswold of the Pu1tGCgdt....iy a t#}e�sgd:the Council, stating that the provision in condition N2 of the Preliminary Subdivi5iitn calle&:iiWihe water tower site to be an outlot, but stated that the ownership of that property wa5'unclear. f"sked that Pulte not be responsible for that property, financially or otherwise. Sertfq*Plannec Wey stated that incorporating that outlot into the Flat was in the interest of the City and t he.cAri33de1ed Mr, Griswold's request reasonable. Mr. Griswold questioned what the Ci waft 8 Hj Rj,' alae Preliminary Subdivision. Director of q h ..... ................. Public Works Colbert stated that the storm sewer system would need to be connected to the property line for overflow, commenting that all new proposed developments must accommodate drainage from adjacent properties. Mr. Griswold contended that the Engineering Standards Manual states that the first property owner is responsible for providing drainage by pipe to a proper location, thereby absolving Pul[e's responsibility. Mayor Egan asked ifit:>va6:�f(q.i Ila to pond on the site and Director of Public Works Colbert responded that the compopitditt :0 't %,rty made that impossible in this case. Mr. Griswold stated that he wanted to work. -- the City, b k'`b sidered the drainage obligation the City's responsibility. Mr. Griswold infornied:llie Council that the-.. ening Commission recommended under provision 24 that only a trail connectior,be made to Cashell.Glen and that the third phase for connection to the school would be the developer's.ti tference. He glso,*Wed that they would use 5 foot sidewalks throughout the development, rather :StAEiditt �+;fciof:Wewalks. He further commented about t}i:tii the left and right turn lanes, stating that:E}ie�iig,ftl ntatiA:':' 'f the County policy should be determined r N s of the Regular City Cc i Meeting, August 4, 1998 page 7 at that level. He stated that his understanding of the requirements for the turn lanes required them only t at neighborhood collector intersections. Mayor Egan asked for the staffs position on this matter. Director of Public Works Colbert stated that it is a County requirement for their permit for connection to a County road and confirmed that the financial responsibility for the tum lanes would rest with the developer, regardless of City action. He further stated that their only other option would be to petition the City for a public improvement t9 pstall the tum lanes, in which case, the benefiting properties would be assessed for the cost of &:Iiitprovement. Councilmember Blomquist:.t@i q ti'eiitted.thgi+kif only the trail connection in the Cashel] Glen neighborhood, but asked that the eiit+2jt i.I. tint?liit'iN tled tCashell Glen. Councilmember Awada concurred. Director of Public Works..Colbert expressed the importance of connecting the streets for ease of through traffic for the schools, b'iit!?mphasized that the connection would not promote external through traffic. Mr. Ryan Johnson, 4123 Cashel] Glen, addressed the Council and informed the Council that the Planning Commission had voted three times not to extend the road. He cited a neighborhood petition with 100 signatures against extending the cul-de-sac. He further stated that there were no fire or public safety reasons for connecting this ikfaA. Mr. Johnson also staled that the connection would require the developer to rip out the current ct6:imd guj * and redo the work that has already been done; he further stated that the developeris Posed i6 xhe extension as well. Mr. Dave Moran, 4127 Cagh*. 43lon;:Rddre d,ihe Council and supported the comments made by Mr. Johnson. He further informed::hlt; . oitti [} et:tJyeie are four handicapped children in their neighborhood who would be best served by not making the road connection at the end of the cul-de-sac. Councilmember Masin supported the position of Director of Public Works Colbert and stated that cul-de-sacs are not an efficient land use from a planning perspective. Councilmember Awada moved, Cou{tpliiigltlier:Wachter seconded a motion to approve the applicant's request for a Preliminary;Pllrifiea;I)evetopment (rezoning) from A, Agricultural to RB, Roadside Business to PD, Planned.3)Q.LeI'dpirtent J.ject to the following conditions: 1. The Oakbrooke Addit?on'1?ieiipt}nary Planned Development shall allow for the construction of 313 single fai illy dei "lied residential units. 2. The Oakbrooke Addition Planned Development shall expire five years from the date of City Council approval. 3. A Preliminary and Final Planned Development Agreement shall be executed prior to final subdivision approv, ql, The following exhibits are necessary for this Agreement: Site Signage 4. Only upon subaiidSii)f>:p(:;lig:ptgb2dingplans may the Final Planned Development proceed to the Ctty' oiYniiPltif approviil. S. Lots east of Johnny Cake Ridge Road shall have widths of not less than 55 feet. 6. A base lot/unit lot arrangement shall be allowed for those single family residential lots located west of Johnki.:QW` iid a toad. 7.• The following mittiFiium setback regditements shall be upheld: Front yardfstreet ::`::25 feet Side yard,:;:;;;;,;: •;::: ;:?;::::::::::.2::.55 feet between buildings Rear yard ::::::::::::::::; :::;;<:::': l� feet Minutes of the Regular City Council Meeting, August 4, 1998 page 8 Johnny Cake Ridge Road 25 feet Diffley Road 50 feet i Deerwood Road 50 feet Interstate 35E 50 feet 8. The property shall be platted. 9. Direct single family lot driveway access to Johnny Cake Ridge Road shall be prohibited. Aye: 4 Nay: 0 Abstain: Blomquist Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the applicant's request for Preliminary Subdivision creating 313 single family detached dwelling units upon a 117 ave site located north of Diffley Road and east of 1-35E (generally in the south half of Section 21) subject to the following conditions: 1. The Developer shall comply with these standard conditions of plat approval as adopted by Council on February 3,1993: B1, B2, B3, B4, Cl, C2, 0, DI and EI 2. The plat drawing shall be revised to add the water tower site as an outlot. 3. On-site ponding shall be the primary means to meet water quality mitigation requirements to protect Blackhawk Lake. A supplemental cash dedication shall be considered only after City water resources staff are satisfied that additional on-site ponding or other mitigation within the development site is not a practical option in reaching management objectives for Blackhawk lake. 4. On-site ponding and storm water routing configuration for the development shall be constructed as directed by City water resources staff. 5. Outlot skimmers constructed in accordance with the City's standard detail plate shall be installed on Ponds BP -35 and BP -3. 6. No discharge of untreated Mater from impervious surfaces to the four natural wetland basins within the development is allowed. 7. Draining or filling of jurisdictional wetlands within the development other than that allowed by exemptions under the Wetland Conservation Act shall be prohibited. 8. Un -maintained, un -graded buffers extending a minimum of 30 feet back from the delineated edge of the wetland shall be preserved around all five wetland basins within the site. 9. The final grading plan shall reflect house pad elevations at a minimum of three feet above the calculated high water level of the adjacent storm water basins. 10. The grading plan shall reflect all driveway grades to City standards. 11. The elevation of the proposed street stub for future connection to Blackhawk Middle/Deerwood Elementary schools shall be approved by IDS #196 prior to final plat approval. 12. Detailed plans and specifications shall be submitted with the final grading plan covering the construction of the property retaining walls. Minutes of the Regular City Council Meeting, August 4, 1998 page 9 13. The Developer shall be responsible for installing and maintaining erosion control measures in accordance with the City Erosion/Sediment Control Manual Standards. 14. The trunk storm sewer extension and storm water basin Pond BP -35 should be designed to accommodate the site's storm runoff in addition to the existing storm water runoff from the storm sewer s}!46Rt from Diffley Road. 15. The final grading and storm drainage plan shall reflect an overland drainage route for Pond BP -25 capable of a SOK$:ftt excess of a 100 -year storm event. 16. The Developer shall restrict the outflow from Pond BP -3 so as not to exceed the design high water level of Pon fJ _33 downstream. 17. The final storm drainage plan shall provide for a storm sewer connection from Deerwood Reservoir site to normal water level of Pond BP -3.4 to accommodate potential overflow drainage from the reservoir. 18. The sanitary sewer exteQjbn along.Deerwood Drive shall be constructed as to avoid impacting the City trunk Yiater mj the Cooperative Power overhead electric transmission lines, the lktfliiam Bras; :Pipeline and easement, and provided sufficient depth over the sanitary sewer alot4g the slope south from Deerwood Drive. X. 19. Berming and landscapir g:iidjai;'ilt:ii":-iiij* take Ridge Road shall be designed so as to ensure proper sight distances consistent with a 35 MPH design speed. 20. The Developer shall be responsible for the construction of left and right turn lanes on Diffley Road as required by Dakota County. 21. The northbound approach of Johnny.G72W je Road to Deerwood Drive shall contain two lanes. 22. The northern leg of Johriiiy'Cake Ridge head and Diffley Road intersection shall directly align with the existing soutiietsileg q(ythat intersection. The southbound portion of this northern leg shall contain aright=tiiiiti 1pRe brad a combination through/left-turn lane. 23. The Developer shall be responsible for a trail connection to the existing cul-de-sac on Cashell Glen within the Wenzel Addition. 24. The street connection from Johnny Cake Ridge Road to Deerwood/Blackhawk school shall be constructed with the third phase of the development. 25. The Johnny Cake Ridge W'& '7iietvsj'pttin.:Ui2::hortheast corner of the development at Deerwood Drive shall 4 with street of Deerwood Townhomes. Sufficient right-of-way for this extension at Deerwood Drive shall be obtained from the exception parcel northeast of the "elopmettit ; 26. If the City's excess propaE¢ ia:eifiuki}:jficorporated into this development, the Developer shall be responsible for constructing a paved access road from Deerwood Court to the Deerwood water tower. 27. A 6 -foot concrete sidewalk and 8 -foot bituminous trail shall be provided along Johnny Cake Ridge Road from Difflep.:Jtq&d:ti.:Deerwood Drive with a minimum of an 8400t boulevard between the sidCweik7 tiiaif 4A' -:t�he roadway curbing. All concrete sidewalks constructed within the &Qo*'pment except:fbr along Johnny Cake Ridge Road shall be constructed to a minimuri width of 5 feet.'[ 28. The tree inventory pre4.*A . 1947,SJ1ajl b� i idated per existing conditions. Minutes of the Regular City Council Meeting, August 4, 1998 page 10 29. Significant tree/woodland removal in excess of allowable limits shall be mitigated per the City's Tree Preservation Ordinance. 30. This proposal shall be subject to a cash parks and a cash trails dedication. Aye: 4 Nay: 0 Abstain: Blomquist Councilmember Awada moved,'Councilmember Wachter seconded a motion to initiate a Comprehensive Guide Plan AmendmenC:t�iaigtt jJf3i9:�idtSt?$t and Use Guide Plan designation of the subject site from D -II, Mixed ResidentiaF(t1lYiiiriY3jac }lirl %f Single Family Residential (0.3 units/acre). Aye: 4 Nay: 0 Abstain:.Rlomquist CONTRACT 98.16, RECEIVE BIDS/AWARD CONTRACT, WESCOTT WOODLANDS (STREETS & UTILITIES) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. He stated th this project affects a variety of property -owners along Wescott Woodlands and described the V' tfous scWules included in the bids. He recommended that the City enter into a written agreement W''Wi the neipbors prior to beginning the project, but informed the Council that the details of that proceiK:was not;.yet complete. He commented that the differences between the bid amounts arrived through meetings'with the residents and reductions of project components totaling approximately 5364AOI :`gi Sgfe3 ihiGl+anges to the project can be done through change orders, but emphasized the need'fb'i5e'giri'tliis:proged: iYson to complete it during this construction season. He stated that staff was unable to provide the financial analysis as requested at the public hearing due to appraisals not being completed for both tate assessment benefit and easement acquisition. Councilmember Blomquist moved, Councilmember•]N' sin seconded a motion to receive the bids for Contract 98-16 (Wescott Woodlands - Streetsaitd:U ' ties) awarding the contract to the lowest bidder and authorize the Mayor and City ,Clerk:t6i4, xecdw all related documents. Aye: 5 Nay: 0 CONTRACT 98-18, RECEIVE $tD.5JAI.VARD CbNTRACT, OAK POND HILLS ADD. (StttEt 5Ei;S3FiIITIES) City Administrator Hedges provided an overviewb":c is item. Director of Public Works Colbert gave a staff report. He directed the attention of the Council to the accuracy of the feasibility report for this project. Councilmember Wachter moved, Councilmember Blomquist seconded a motion to receive the bids for Contract 98-18 and award the contract.; Aye: 5 Nay: .0 REVIEW DAKOTA COUNTY 5 YEAR CAPITAL IMPROVEMENT PROGRAM (1999-2003) City Administrator Hedges pro v;frV¢LvFe:6ii:this item. He clarified the difference between this plan and the traffic plan reviewed at the la'sf'iiieeting. Director of Public Works reviewed the CIP and the staff's recommendations. He stated that City staff recommend postponing Lexington Avenue improvements from 1999 to 2000, postponing Lone Oak Road improvements from Neil Armstrong Boulevard to Hwy 55 to 1999, to reschedule the continuation of Lone Oak Road to the year 2001, and to put the upgrade of Cliff Road intgfhelvture,category with no specific year, unless otherwise indicated by the Council. He irtfgrrSl! i�:3ili:a?+t7P1 of staff recommendations on intersection signalization, suggesting postponement OFthe Lexingtoii,eiia•Wescotl intersection until an undecided future date, move from future date to 199 the intersection and Johnny Cake Ridge Road, and to identify new signals on Lexington AyoAue at Gemini and.41Northwood Parkway to be completed . with the upgrade of Lexington Avenue iii:lhe year 2000. Minutes of the Regular City Council Meeting, August 4, 1998 page 11 Councilmember Wachter stated that Cliff Road is important, and suggested doing the upgrade before staffs recommendation. Director of Public Works Colbert commented on the amount of requests received for upgrading Cliff Road. Councilmember Awada suggested proceeding this year with the public hearings for an upgrade for Cliff Road. Councilmember Masin noted thayihe signal at Diffley and Rahn had been entirely eliminated and expressed interest in adding that into* e"on to the plan pending approval by the neighborhood. Director of Public Works Colbert stated ilia'( the Council would have this opportunity to review the plan annually. He offered to include the intecSlicm .Itt.a fitper a gq¢Ggory to allow for yearly review of the situation at the intersection. Councilmember Wachter restat6;X:his interest in upgrading Cliff Road as soon as possible. Mayor Egan and Councilmember Awada'ei pressed support for his suggestion. Councilmember Blomquist suggested that Cliff Road be improved all the way to Hwy 3 due to increasing traffic from the Southem Lakes Development and the continued improvements'to the County Park System. Councilmember Wachter moved, Councilmember Awada seconded a motion forward these comments for consideration by the Couilty.in preparing their 1999-2003 CIP, emphasizing the importance of accelerating improvements to Cliff koad. Aye: 5 Nay: 0 CONDITIONAL USBEERMIT - MEPCO, INC. City Administrator Hedges proiiiiC<{Ri'niiCtYjeid:bti'lj+is item. He stated that the Advisory Planning Council voted to recommend approval of the CUP. Senior Planner Ridley gave a staff report. Councilmember Awada moved, Councilmember Masin seconded a motion to approve a Conditional Use Permit to allow outdoor storage of trucks on Lots 1 and 2, Block 1, Eagandale Center Industrial Park 12th Addition, located at 1245 Trapp Road in the NE 2/4 of Section 3, subject to the following conditions: 1. This permit shall be recorAedai'ffte Liakota County Recorder's office within 60 days of Council action. 2. Overnight outside tractor-trailer'storag'q:j$.allowed at each of Air Plus' seven dock doors and only at the dock doors. 3. Storage of up to four 28 -foot straight trucks is allowed north of the building. The Developer shall provide a revised site plan that identifies the straight truck storage area on the north side of the building. Aye: 5 Nay: 0 FINAL PLAT, EAK 'iiNDAL� CORPORATE CENTER NO. S CONDITIONAL US�:PERMTI'4 VARIANCE, DART TRANSIT City Administrator Hedges prp fined; 31k RYei vfRw-,(p..this item. Senior Planner Ridley gave a staff report. He stated that the Planning:l3utiiiiii>asiiiii:#q of the trail connection in the proposal and that the Parks Commission supported the connection, but that the Parks Commission had not discussed the issue of encroaching in the 30 foot wetland buffer. Mr. Chuck Hall was present and addressed the Council as a representative of the Faithful Shepherd Catholic School. He stated that he.t?i64gfitiftQy:informed the Parks Commission that they would need to infringe on the wetland bN&-*r,4 iai6ie3-,- i► Director of Parks and Recreation Vraa and the City Attorney's office are working (? f*ressing the tvel7ands issue. Councilmember Wachter questfptted the developmekg:related issues. Senior Planner Ridley confirmed that the storage issues have:k06n7e5R1ved ,Gvu>t�nember Wachter asked about the trees Minutes of the Regular City Council Meeting, August 4, 1998 page 12 and Senior Planner Ridley responded that City Forester Hove was meeting with the developer to ensure a proper landscaping plan. Mr. Jack Grotkin of R J Ryan Construction addressed the Council and informed the Council that the landscaping and tree mitigation plan had been approved by City Forester Hove. Councdmember Wachter moved t6uncilmember Awada seconded a motion to approve a Final Plat (Eagandale Corporate Center No. 5).feplaUjngI pW.l ;"d 2, Block 1, Eagandale Corporate Center and adjacent unplatted property to the sANt)+:ui;CfCate .. Son approximately 26 acres. Aye: 5 Nay: 0 Councdmember Wachter moved - Dundlmember Awada seconded a motion to approve a Conditional Use Permit to allow the overnight outdoor storage of trucks on property located south of Aldrin Drive in the SW t/4 of Section 11, subject to the following conditions: 1. The property shall be replotted. 2. This permit shall be recottled at t} 40akota County Recorder's office with the final plat. 3. Overnight outside storage:bf trailers and tractor -trailers shall occur only at the loading docks east and west of t}1B;Ixy3digg; 4. The bituminous surfacing shall 6e"propeily"maintained to prevent deterioration. 5. If the City determines that additional off-street parking is necessary, the owner shall install at their expense the proof of parking areas according to the approved site plan. 6. Any rooftop equipment shall be screened irop'view from the public right-of-way. 7. On-site lighting shall be -pro... a ii:iis'iS ii2tessary for security, safety and traffic circulation. Lighting slalt:not be directpa upon public rights-of-way or adjacent properties. Such illumination siipR be. sl gilded and diffused, and directed downward so as not to cause glare to adjaceiiCprpperly:pr,nghtof-way. 8. All trash handling equipment shall be locafe'd'within the building, or within an enclosure consistent with City Code design requirements. 9. The landscape plans shall be prepared by a registered landscape architect or certified nursery person. Automatic irrigation is required for landscaped areas and shall be noted on the plans. 10. The applicant shall wove.: Minutes of the Regular City Council Meeting, August 4, 1998 page 13 15. A revised Grading Plan and a revised Tree Preservation Plan shall be submitted which show proposed grading limits and the location and type of Tree Protection Fence. Tree Protection Fence shall be placed at the edge of the Critical Root Zone. 16. The Developer shall contact the City Forester at least five (5) days prior to the issuance of a grading permit to er8µte compliance with the approved Tree Preservation Plan. 17. Fill in areas east and sou" dxgf ; m. 'that is within the Critical Root Zone of .. trees to be preserved shal;X&9tjirV2t�;tu.bY3giial grade. 18. The Landscape/Tree Mifi&8tion Plan shall be revised to provide additional landscape materials for required s6�"& and additional trees for tree preservation mitigation. Mitigation trees shall be located in the areas east of the proposed building and parking lot, the area between and around the two water bodies and the area south and southwest of the proposed building. In all, a total of 36 Category B trees (or an equivalent number of Category A and/or Category C trees) shall be provided for mitigation purposes beyQfrd those.ihat are required for screening purposes. Aye: 5 Nay: 0 Councilmember Wachter moved .GartbciJmember:Ayyada seconded a motion to approve a Variance of five feet to the required five%{dpt:.paVi+A Cp6;c k .'41;for side yards to allow a shared driveway on property located south of Aldrin Drive in the of Section 11. Aye: 5 Nay: 0 ORDINANCE AMENDMENT - CHAPTER TEN CONSTRUCTION/DEMOLITION DEBRIS HAULING City Administrator Hedges provided item. He stated that the main change would allow greater flexibility for the haulers :wiEli:acapacity not to exceed 160 square feet in area, no greater than 20 feet in length. Councilmember Wachter asked if t}iescclS�]lges ;would affect the weight restrictions or impact the roads with undue stress. City Administrator Hi dges;ii?8ponded that the haulers still have to adhere to the weight restrictions. Councilmember Blomquist stiggesteitcontinuing the amendment. City Administrator Hedges further stated that the amendment would remain unpublished if staff found there would be problems with weight requirements and the matter would come back to the Council for further consideration. Councilmember Blomquist moved, ordinance amendment to Chapter Ten of.ti refuse. Aye: 5 Nay: 0 City Administrator Hedges Masin seconded a motion to approve an riling storage, deposit and disposal of Mayor Egan commented on the success of the NOISE conference in Colorado. Councilmember Masin expressed particular appreciation for the speaker from NASA who spoke on subsonic technology, stating that she looked forward to quieter aircraft in the future. City Administrator Hedges infoi'itied the Counciltilfdf.he had received requests from developers and companies wishing to appear before the Council in a w'oi3cshop format to discuss potential developments "in concept." He stated:0iiR the Council's position has been to be consistent and have all development proposals go through thea}Ait!sla{..4.pF.occ s;ext?EFt in extraordinary cases. He stated support for the policy due to complicatioii9;ifof ensuring public knowledge, staff Minutes of the Regular City Council Meeting, August 4. 1998 page 14 attention and Council education on any proposal for consideration. The Council supported their previous position, with the understanding that discretion is needed in some cases. Councilmember Awada reminded everyone that individuals are welcome to contact Councilmembers outside meeting situations via phone, mail, etc. Councilmember Wachter independently toured the Ice Arena and the Aquatic Facility and commented on the outstanding progress:Ujthe second sheet of ice. He asked that his packet be delivered to the house and not left in the:ti' ilbox. He expressed concern about the proposal from the Methodist Church and its potential confli+*-w":.umpS..dw.*"a-f6r a tree nursery. Councilmember Awada gave ark update on the progress of the tree planting program. She asked about the status of the groundbreaking 4�.� . i;.mony for the Aquatic Facility and second sheet of ice opening. City Administrator Hedges stA a that options would be ready for Council consideration after he meets with Director of Parks and Recreation Vraa and Communications Coordinator Foote. Mayor Egan read a thank -you note from Kay Ferguson, wife of Bob Ferguson, and commented on the important role of Mr. Ferguson in.khe Eagan community in the year; prior to his recent death. Councilmember Blomquist askOOSertior Fliiiner Ridley if it would be possible to consider the Walgreen's facility as part of an entire O; ct witla"the neighborhood rather than in isolation. Senior Planner Ridley commented on the location of the f�tage road at the development location and the landscape proposal for the development..tliat-woaW:,set.the.4;Wndard for the area and future neighboring ': developments. He confirmed that the et.�8' idered at the next Regular City Council meeting as part of the Preliminary Subdivision request. Councilmember Wachter moved, Mayor EgansKaddid a motion to approve the check register dated July 30, 1998 in the amount of 53,157,6.2.1..... i.d:.;:3-'Nay: 0 The meeting adjourned at 9:31 p.m. 13141 Date City Clerk If you need these minutes in an alternative fO.ft'A': lar" Vprit1w raille, audio tape, etc., please contact the City of Eagan, XV Pilot Knob Road, Eagan, M"Z (61 4600, (TDD phone: (612) 451-9535). The City of Eagan is committed to the polic*:.Ihat all pe.Mps have equal access to its programs, services, activities, facilities and employment without regard religion, national origin, sex, disability, age, sexual orientation, marital status or status with reiivdlib f. Democrat s Don Giblin Elizabeth Bassen Dict Beatty Alyce Bolke Eleanor Bruce Marilyn Defrang Gladys Byrnes Judy Christopher Carol Sue Cruz Karen Daft Geriamte Dodge James Driscoll William Guelc her Franck Hamernik Judy Hansen Buma Heine Carola Jones Patricia Kaeder Walter Lawrence Richard LaMay Arlene Leibel Robert Zimmerman Richard Nioolay Clarice Nitti Charlotte O'Donnell Marcine Olson Sharon Orth Evelyn Oneness Margaret Pellerin Ruth Pryor Pat Rask Lorraine Rieger Martie Ruzicka Judy Saima Sheila shay Ann Thomas Ruth Twomey Stu VonDdAnde Marilyn Young Anthony Wilkes Sr Loma Tittl Diane Tapper Bill Skar LIST OF ELECTION JUDGES FOR PRIMARY City Count �. August 4.1998 Republican Vicki Jabbra Marge Jacobs Penny Johnson Jean Kimber Shirlee Klang Alice Kmitz.::: Corti Walters Ruth Lilley Phyllis Manthey Zella Mirick Barb Nuttal] Independent Donna Heir Norman Himl Jan Beliveau Grover Bellile Sharon Bruce Penny Breuer Adeline Buehler Charles Fischer Elaine Fischer Karen Flood Jean Hammon Michelle Huck Richard IHert Jeanne Koehler Yvonne Krisnik Eleanor Morson Emily Medin June Nelson Virginia Nicolay Stephen Olson Judy Peterson Patricia Ricke Christine Sebert Donald Sekman Nancy Severson Mary Teske Paul Teske Carolyn Thurston Phyllis Squiers Bill Fish Eldoris Ohm Julie Kaufman Beth Porter Robert Meckley Dawn Struble Gloria McCammon Judy Hawley Dawn Stable Judy Hawley Betty Ramsey Vivian Date Julie Kaufman -Boom Mary McGuire Gloria Wachtler Jody Severson Patti Paul Pat Larson Thomas Pahl Lucia Johnson EXHIBIT A