Loading...
03/17/1998 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL 00088 Eagan, Minnesota March 17,1998 A regular meeting of the Eagan City Council was held on Tuesday, March 17, 1998 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin and Blomquist. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. AGENDA City Administrator Hedges mentioned that he would like to introduce two new employees prior to Department Head Business. Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OF THE MARCH 2,1998 REGULAR MEETING Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 MINUTES OF THE FEBRUARY 24,1998 SPECIAL MEETING Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 VISITORS TO BE HEARD Fred Sabongi, 596 Hackmore Drive, stated that his business, specializing in architecture and interior design of historic buildings, has moved to Eagan. Director of Public Works Colbert introduced Charles Borash as the new Utilities Maintenance Supervisor and Kurt Schlegel as the new Street Maintenance Supervisor. DEPARTMENT HEAD BUSINESS UPDATE BY KOCH REFINERY City Administrator Hedges introduced Mike Hansel, the Interim Director of Public Affairs, representing Koch Refinery. Mr. Hansel commented that Koch Refinery is in the process of implementing additional improvements to prevent ground water contamination and improve air quality for the facility. APPROVE THE BID AWARD FOR THE SALE OF $3,370,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1998A 98-26 City Administrator Hedges provided an overview on this item. Dave MacGillivary, representing Springsted, provided a summary of the bond sale. He said that Piper Jaffray, Inc. had the best bid. Councilmember Masin moved, Councilmember Wachter seconded a motion to approve the resolution awarding sale of $3,370,000 General Obligation Improvement Bonds, Series 1998A, fixing the form and specifications thereof, providing for their execution and delivery, and providing for their payment. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; MARCH 17,1998 PAGE 2 APPROVE THE SALE OF APPROXIMATELY $1,565,000 CIVIC ARENA GROSS REVENUE BONDS Dave MacGillivary, representing Springsted, provided a status update on this issue. He recommended that the Council authorize City staff and Springsted to negotiate the sale of the bonds at a rate not to exceed 6.2% and continue action to the April 7 City Council meeting. He stated that the market is volatile at this time. Councilmember Masin moved, Councilmember Awada seconded a motion to authorize the City to sell bonds in the amount of $1,565,000 for Civic Arena Gross Revenue Bonds at an interest rate not to exceed 6.2% and ratification will occur at the April 7,1998 City Council meeting. Aye: 5 Nay: 0 x(.'089 Councilmember Masin requested that Director of Public Works Colbert provide background information regarding the Southern Lakes Water Tower in Inver Grove Heights. Director of Public Works Colbert clarified the location of the tower and stated that the land was purchased by the City of Inver Grove Heights and was dedicated to the City of Eagan. He added that the City of Eagan is financing the cost of the water tower, which will serve both Eagan and Inver Grove Heights' residents, who will also fund the cost of the tower. Councilmember Masin noted that the City Council spent a lot of time addressing all of the issues prior to entering into a joint Powers Agreement with Inver Grove Heights. Councilmember Blomquist inquired about the residents in the Valley View Plateau subdivision and their interest in being included in the Part 150 Program. Assistant to the City Administrator Hohenstein stated that the residents' homes are located outside the program area, but residents have contacted the Metropolitan Airports Commission and requested expansion of the eligibility area. He said that the Airport Relations Commission will look at ways to support this request but it is important to be cautious. Councilmember Blomquist added that whatever the City can do to help get these residences included in the program would be good. Police Chief Geagan, on behalf of the Eagan Lions Club, presented a check in the amount of $7,300 as a donation to the Eagan Police Department to update and provide defibrillators in squad cars. Councilmember Blomquist requested that a letter of thanks be sent to the Lions Club from the City Council. CONSENT AGENDA In regard to Item I, Final Subdivision & Final Planned Development - BCBSM East Addition, Councilmember Masin said that in response to the neighborhood's concerns regarding this development she would like to direct staff to schedule a meeting with the neighbors to discuss what is occurring with this development. City Administrator Hedges noted that the neighborhood's primary concerns involve transportation issues. In regard to Item J, Approve license agreement for Worldcom Fiber-optic cable installation, Highline Trail at Thomas Lake Road, Councilmember Blomquist asked for clarification on the installation of the cable. Assistant to the City Administrator Hohenstein provided an explanation. Director of Public Works Colbert stated that this item was being continued to the April 7,1998 City Council meeting. In regard to Item N, Award contract, Rahn Park tennis court, City Administrator Hedges noted that this item was being continued to the April 7,1998 City Council meeting to allow for further analysis of the bids. A. Personnel Items Item 1. It was recommended to approve the hiring of Kurt Schlegel as Street Maintenance Supervisor. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 17,1998 PAGE 3 006,90 Item 2. It was recommended to approve the hiring of Erik Sletterdahl as GIS/Computer System Coordinator in the Community Development Department. Item 3. It was recommended to approve the hiring of Mary Granley as Code Enforcement Technician in the Community Development Department. Item 4. It was recommended to approve the hiring of Robert Kirmis as a Planner in the Community Development Department. Item 5. It was recommended to approve the hiring of Howard Favilla as Building Maintenance Supervisor. Item 6. It was recommended to approve the hiring of Ryan Rausch as a seasonal park laborer. Item 7. It was recommended to approve the hiring of Michael Hadden as a seasonal street maintenance worker. Item 8. It was recommended to accept the letter of resignation from Camelia Balow as an Engineering Clerical Tech III. B. Receive petition/order public hearing - easement vacation, Pinetree Pass. It was recommended to receive the petition to vacate drainage and utility easements within Pinetree Pass and schedule a public hearing to be held on April 7,1998. C. Final Subdivision & Final Planned Development - Park Center Sixth Addition, Centres Group Eagan, 98-27 Ltd. It was recommended to approve the Final Subdivision for Park Center Sixth Addition consisting of one lot on approximately 10.5 acres located north of Cliff Road and west of Cliff Lake Drive in the southeast quarter of Section 30. It was also recommended to approve the Final Planned Development for Park Center Sixth Addition consisting of one 16 screen cinema and associated parking. D. Proclamation, Burnsville/Eagan Public Access Volunteer Appreciation Day, March 27,1998. It was 98-28 recommended to adopt a proclamation recognizing March 27,1998 as Burnsville/Eagan Public Access Volunteer Appreciation Day. E. Recommendation, Airport Relations Commission, Northern Dakota County common airport policy issues. It was recommended to approve the recommendation by the Airport Relations Commission concerning airport policy issues to be coordinated with other cities in the Northern Dakota County Airport Relations Coalition as presented. F. Recommendation, Airport Relations Commission, Metropolitan Aircraft Sound Abatement Council assessment comments. It was recommended to approve the recommendation by the Airport Relations Commission supporting modifications of the communications and background support for the Metropolitan Aircraft Sound Abatement Council as presented. G. Amendment to the 1998 Fee Schedule for fire hydrant and construction meter use and damage deposits. It was recommended to approve an amendment to the 1998 Fee Schedule for fire hydrant and construction meter use and damage deposits. H. Approve various fund closings and transfers. It was recommended to approve the following fund closings and transfers: I. To be effective, retroactively to 12-31-97 for financial reporting purposes: EAGAN CITY COUNCIL MEFFING MINUTES; MARCH 17,1998 PAGE 4 A. Fund #489, 1992 Equipment Certificates closed and all assets transferred to Fund #335, Equipment Revolving Fund. B. Fund #441, Municipal Expansion 1982 closed and all assets transferred to Fund #337, Community Investment Fund. II. To be effective upon completion of all 1998 financial transactions (debt service payment and tax levy collections): A. Fund #481,1993A Equipment Certificates, closed and all assets transferred to Fund #335, Equipment Revolving Fund III. To be effective at 12-31-98: A. Fund #451,1990 Refunding Special Assessment Debt Service Fund and Fund #468, 1990 Special Assessment Debt Service/ 1993D Refunding Fund be combined. 1. Final Subdivision & Final Planned Development - BCBSM East Addition. It was recommended to 98-29 approve the Final Subdivision for BCBSM East Addition consisting of one lot and two outlots located north of Ashbury Road and east of Blue Cross Road in the northeast quarter of Section 17. J. Approve license agreement for Worldcom Fiber-optic cable installation, Highline Trail at Thomas Lake Road. (This item was continued to the April 7,1998 City Council meeting). K. Contract 98-07, approve plans/authorize ad for bids (Wilderness Run 5th & 6th Additions - Street Improvements). It was recommended to approve the plans for Contract 98-07 (Wilderness Run 5th and 6th Additions - Street Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, April 16,1998. L. Project 733, receive feasibility report/order public hearing (McKee Add. - Street Improvements). It was recommended to receive the feasibility report for Project 733 (McKee Additions - Street and Utility Improvements) and schedule a public hearing to be held on April 21, 1998. M. Approve ReLeaf Grant Application, Minnesota Department of Natural Resources. It was recommended to approve the MnDNR 1997-99 Minnesota ReLeaf Community Tree Planting Grant agreement to receive $7,000 for the City's Tree and Landscape Package sale and to approve the MnDNR 1997-99 Minnesota ReLeaf Community Forest Health Grant application to receive $10,000 for oak wilt suppression. N. Award contract, Rahn Park tennis court. (This item was continued to the April 7,1998 City Council meeting). 0. Award contract for bid package #12, flooring. It was recommended to award bid package #12, flooring for Phase II of the Eagan Civic Arena to St. Paul Linoleum in the amount of $27,344.00. P. Award contract for ice refrigeration and dasher boards, second sheet of ice. It was recommended to award the contract for ice refrigeration equipment to Rink Tec in the amount of $320,775.00 and award the contract for dasher boards to Becker Arena Products in the amount of $94,183.00. Q. Receive bids, award contract for Fire Administration Building. It was recommended to receive the bids and award the contract for the Fire Administration Building construction project to Parkos Construction Company of $1,499,060 for the project base bid and alternates one and three. R. Approval for the submission of a request for a Federal grant for the replacement of mobile data terminal equipment. It was recommended to authorize submission of a federal grant application in the amount of $92,784 to assist with the replacement of Police Department mobile data terminal equipment. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 17,1998 PAGE 5 " x 092 S. Project 740, authorize feasibility report (Silver Bell Road - Street Improvement). It was recommended to authorize the preparation of a Feasibility Report for Project 740 (Silver Bell Road, TH 13 to Kennebec Drive - Street Improvements). Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 PUBLIC HEARINGS PROPOSED AMENDMENTS TO THE FINANCING OF THOMAS LAKE APARTMENTS PROJECT City Administrator Hedges stated that this item was being continued to the April 7,1998 City Council meeting. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council. Councilmember Masin moved, Councilmember Awada seconded a motion to continue the public hearing for the Thomas Lake Apartments project to the April 7,1998 City Council meeting. Aye: 5 Nay: 0 OLD BUSINESS PRELIMINARY SUBDIVISION & FINAL PLANNED DEVELOPMENT PRAIRIE OAKS PARTNERSHIP (PRAIRIE OAKS ADDITION) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Chris Moarn, applicant, stated that after the first two buildings are constructed more work will be undertaken with the neighbors prior to the development of the third lot. Debby Budd, 2151 Warrick Court, said she was not notified by the City that this item was going to be on this evening's agenda. She further said she was concerned with the traffic around the Cliff Road/Slater Road intersection. She commented on the short timing of the signal light as traffic is turning left from Cliff Road onto Slater Road. Director of Public Works Colbert stated that the City could look at the possibility of reconstructing Slater Road and installing a median to restrict access. He added that this would adversely impact the businesses and properties. He further added that there may be the need for a double left turn lane from Cliff Road onto Slater. He said that there are no easy solutions to the traffic problems. Ms. Budd stated that the two office buildings are a little large but will be an asset to the area. She inquired about drainage. Director of Public Works Colbert explained the drainage plans. Discussion occurred regarding the internal drive serving the Royal Cliff Banquet Facility and Penn Cycle. Councilmember Wachter requested that staff look into that situation. Mayor Egan stated that he will continue to work toward a safer intersection at Cliff and Slater. Alan Menning, 2159 Warrick Court, stated that he is concerned about possible ponding in his backyard. He inquired about the process the developer would need to go through in order to develop the third lot. City Administrator Hedges provided an explanation. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 17,1998 PAGE 6 .:?0093 Councilmember Masin suggested that legal notifications and agendas should be posted on the cable channel. Councilmember Awada also suggested posting them on the City's web page. Mayor Egan apologized to residents for the lack of notification. Councilmember Blomquist indicated that the Council has received many compliments on what the City has done to inform the public of proposed developments. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a Preliminary Subdivision (Prairie Oaks) consisting of two lots and one outlot subject to the following conditions: Standard Conditions The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3,1993: Al, B1, B2, B4, C1, C2, C4, D1, El, F1, G1, and H1 Storm Drainage 2. The developer shall control runoff from the development so as not to raise the 100-year high water level of Pond AP-10B above its current elevation. Easements The developer shall not plant large-growth landscaping within the area of the drainage and utility easements. 4. The developer shall submit cross parking and cross ingress/egress easements prior to the final subdivision approval by City Council. Tree Preservation The applicant shall fulfill tree preservation by providing contractual installation of 2 Category A trees, or 4 Category B trees or 8 Category C trees. Tree Protective Measures (i.e. 4 foot polyethylene laminate safety netting) be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved during initial site grading. 7. The developer shall be responsible for contacting the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. 8. The applicant/ owner or representative review with City Forestry staff, development plans (including but not limited to Site Plan and Tree Preservation Plan) for proposed Lots 2 and 3 to ensure optimal tree preservation efforts when locating buildings, drive aisles, and parking lots to ensure optimal tree preservation efforts. Wetland 9. As per the requirements of the Wetland Conservation Act, an exemption from mitigation be granted for up to 2,000 square feet of wetland fill for project. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 17,1998 PAGE 7 Water Quality 10. On-site ponding to be the primary means of meeting water quality treatment requirements. To the extent that on-site ponding is inadequate to fully meet water quality mitigation requirements, a supplemental cash dedication will be required. Platting 11. The property should be platted. Landscaping 12. A revised landscape plan should be submitted on the approved grading plan. '00094 13. All parking areas shall be screened in accordance with the City's Landscape Ordinance. Aye: 5 Nay: 0 Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a Final Planned Development for the Prairie Oaks Partnership located south of Cliff Road east of Slater Road and west of State Highway 77 (Cedar Avenue) subject to the following condition: The following plans are required to be included into the Final Planned Development Agreement: • Final Site Plan • Final Landscape Plan • Final Signage Plan • Final Lighting Plan • Final Building Elevation Plans • Final Phasing Plan Aye: 5 Nay: 0 CONSIDERATION OF AN ORDINANCE AMENDMENT CHANGING FROM EVEN TO ODD YEAR MUNICIPAL ELECTIONS City Administrator Hedges provided an overview on this item. Councilmember Masin said that although the League of Minnesota Cities has indicated they do not have a position on this matter, they have worked against a requirement for municipal elections to be held in the odd year based on low voter turnout. Finance Director/City Clerk VanOverbeke clarified that the League has taken the position that they are opposed to the legislature mandating when municipalities must hold an election. Margaret Tilley, 1055 Wescott Road, stated that she was concerned about the increased cost to taxpayers for holding an election in the odd year. She further stated that petitions have been signed by Eagan residents indicating their desire to have the issue placed on the ballot to allow them to decide when the election should be held. She said she was unaware of any research supporting the statement that uninformed and unmotivated voters turn out for even year elections. She mentioned that in even year elections three to four times as many voters exercise their right to vote as opposed to odd year elections. She added that there is no compelling factual basis and no citizen request to change the year of the election. She commented on the change in the school board elections from May to November and also the position of various other governmental entities on this matter. She stated that the annual installation of campaign signs will create an eyesore. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 17,1998 PAGE 8 Michael Vincent, 3786 Windtree Drive, commented that it is easier to hold an election in the even year because it provides residents more of an opportunity to be heard. He said that the request to change the election year is being viewed as politically motivated and self-serving. Peggy Carlson, 3434 Highway 55, said she was in agreement with Ms. Tilley and Mr. Vincent. Councilmember Blomquist stated that 10% of the voters can sign a petition requesting the issue be placed on the ballot giving them the opportunity to decide when an election should be held. Councilmember Awada commented that the City Council has discussed this issue many times and that there is political motivation on the part of the three individuals who spoke in support of holding an election in the even year. She further said when the election year was changed six years ago there was no public outcry regarding that change. She noted that figures indicate that many people skip voting for local officials on the ballot. She stated that the City Council is an extremely important elected body whose decisions heavily affect the community. She added that it is important that the Council issues should not be overshadowed by presidential and senatorial politics. She explained that if the election is changed to the odd year it is the intention to shorten terms rather than lengthen them. She added that certain members of the Council who support this change do not intend to run for election again and the request to change the election year is not politically motivated. Councilmember Masin stated that with regard to the school board elections a limited number of people have been exercising a large amount of power and that is probably why the legislature mandated the election be held in November. She further stated that by holding the election in the odd year the school board is still taking the path of least resistance. Councilmember Awada said that changing the election year of the Council will drastically improve voter turnout for school board elections. Mayor Egan commented that to a certain extent this is a political issue. He addressed the various governmental agencies and said that none of them has taken a position against holding an election in an odd year. He clarified that the League of Women Voters in Dakota County has taken the position that it is very difficult to elicit interest in local elections when voters are deluged with presidential, congressional, gubernatorial and legislative politics and it is exceedingly difficult to provide forums for local candidates. He referenced the memo which accompanied the petition that was circulated and said that the cost cited for holding an election in the odd year was not accurate. He compared the cost of an odd year election to the annual Fourth of July fireworks. He added that the value received from holding the election in the odd year is better informed voters and candidates who have to stand on their own merits. He said that figures support the fact that better informed voters turn out in the odd year. Councilmember Blomquist reiterated that the law provides people with the right to petition to vote on this issue if certain criteria is met. She commented on the additional cost of holding the election in the odd year. She said that if the school board was interested in getting their names out to most of the voters they would hold their elections in the even year. Councilmember Wachter stated that the voters who turn out in odd years are interested in voting for local officials. He said he would like the City to cooperate with School District 196 and hold their elections in the odd year. Councilmember Awada said that if the public wants to petition to choose when the election is held that is fine, and also, if certain Councilmembers want to lead that petition charge that is fine as well. She further said that there are more important issues in the City besides this one. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve an ordinance amendment changing from even to odd year municipal elections. Aye: 3 Nay: 2 (Councilmembers Blomquist and Masin opposed) EAGAN CITY COUNCIL MEETING MINUTES; MARCH 17,1998 PAGE 9 1)$_:1 CONSIDER AN ORDINANCE REGULATING ELECTIONS AND SETTING TERMS City Administrator Hedges provided an overview on this item. Councilmember Masin said she was in support of shortening terms. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve an ordinance amendment regulating elections and setting terms. Aye: 4 Nay: 0 (Councilmember Blomquist abstained) Councilmember Blomquist indicated she would be in support of shortening terms if the ordinance amendment is upheld and the voters do not petition to have the issue placed on the ballot. ORDINANCE AMENDMENT - CITY OF EAGAN, TO CHAPTER 11 ENTITLED LAND USE REGULATIONS BY AMENDING SECTION 11.10, SUBD. 30 REGARDING REGULATIONS OF ANTENNAE, TOWERS, SATELLITE DISHES AND WIND ENERGY CONVERSION SYSTEMS" AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99 City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve an amendment to Chapter 11, Land Use Regulations, by amending Section 11.10, Subdivision 30 regarding regulations of Antennae, Towers, Satellite Dishes and Wind Energy Conversion Systems. Aye: 5 Nay: 0 ACCEPT REPORT FOR THE EAGAN FAMILY AQUATIC FACILITY WATER TECHNOLOGY, INC. City Administrator Hedges provided an overview on this item. Claude Rogers, representing Water Technology, Inc., discussed the proposed aquatic facility and commented on the feasibility study that was prepared. City Administrator Hedges commented on the informational meetings that were held. He said that the City Council received a number of telephone calls, e-mail messages and letters regarding the proposed facility. He mentioned that the Council addressed the issue of site location and chose the municipal campus because the shape of the facility fit the site and for security purposes. He explained the Council's plans for funding the facility and stated that they do not want any property tax reliance. He stated that the facility is intended to be self-supporting with user fees for maintenance and operational costs and that revenues could possibly retire some of the debt. Mayor Egan said that residents overwhelmingly supported a swimming pool for recreational activities as indicated in the 1996 Community Survey. He mentioned that some of the concerns of the residents opposed to the facility were noise, proximity, traffic and loss of property value. He stated that those in favor indicated this type of facility is needed for youth and will benefit the community. He noted that every comment and concern is legitimate. Chris Erickson, 3861 Windcrest Court, said he was opposed because of the impact to his property, noise and crime. • Jeff Gregory, 1322 Deercliff Lane, stated that the overwhelming majority of the 76 homeowners in the homeowners association are opposed to the facility. He said there was concern expressed about youth using the cul-de-sac as a path to the facility. He also commented on overflow parking and said he was not in favor of the building being located so close to the residences. He mentioned the petition that was EAGAN CITY COUNCIL MEETING MINUTES; MARCH 17,1998 PAGE 10 000-97 submitted requesting the City prepare an Environmental Impact Statement regarding the impacts of the noise. He added that the residents would not be opposed to a pool but are not in favor of a recreational facility at this location. City Attorney Sheldon explained the requirements of an Environmental Assessment Worksheet and Environmental Impact Statement. He said that the City does not have to prepare an EAW or an EIS since the mandatory requirements do not apply to this facility. He noted that the City does have the option to do a discretionary review. value. Mark Price, 3857 Windcrest Court, said he is concerned about noise and decreased property Councilmember Masin questioned the feasibility of giving the homeowners some compensation if their houses do not sell at market value due to the negative impact that may be created as a result of this facility. Mayor Egan said that unless this was quantifiable it is too speculative. Paul Hughes, 4063 Prairie Ridge Road, said that there is merit and support for this facility. He added that a lot of people who are in support of the facility could not attend the Council meeting. Councilmember Masin commented that the members of the Council agree a facility like this is needed, but said questions remain regarding the location and the impacts. Mayor Egan stated that he sold a home close to the airport corridor and houses have appreciated in value despite perceived negative impacts. He further stated that he will not avoid the issue of noise mitigation. Brian Haynes, 735 Lone Oak Road, said that it appears as if the facility has been squeezed around the residential area. He questioned changing the layout of the facility by switching the location of the noisier activities with the parking lot as a way of mitigating noise concerns. Mayor Egan explained that this is a preliminary plan and added that it would be difficult to separate the parking from where it is proposed. He further added that there may be other ways to berm and buffer the residences from the facility. Mr. Gregory commented further on the information from the Environmental Quality Board that states if 25 affected residents sign a petition the City may then be required to prepare an EAW. City Attorney Sheldon stated that at this point the City is not required to do anything because the proposed facility does not exceed thresholds to cause a mandatory review. City Administrator Hedges discussed the two phases the City Council has reviewed. He said that financing alternatives will be determined at a later date. He also discussed constructing the facility in phases versus constructing Phase II initially. More discussion occurred regarding the marketability of properties adjacent to the facility. Councilmember Wachter said that the site is conducive for this facility. Councilmember Awada stated that the biggest issue surrounds the adjacent neighborhood and noise. She assured the residents that the Council will do everything possible to alleviate the noise concern. Councilmember Blomquist said that this use was intended for this site. She added that she was concerned that the Council may have gotten overzealous with the design of the facility. She further added she was concerned about the amount of money to be used from the Community Investment Fund. She stated that the lazy river feature contributes to overcrowding and is excessive in cost. She said she is concerned about noise and cost and also felt an EAW should be further reviewed by the Council. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 17,1998 PAGE 11 Councilmember Masin noted that Eagan is one of the few communities compared with other communities of similar size that does not have this type of facility. Mayor Egan said that there has been sufficient input on this issue and it is time for the City to move ahead. He further said the Council will continue to try and mitigate the noise and traffic concerns. He added that the spectrum of opinions and concerns will all be taken into consideration. Director of Parks and Recreation Vraa stated that the design and development stage is next. He added that attempts will be made to try and mitigate the concerns that have been expressed by the residents. Councilmember Masin inquired about the library's concern with the proposed facility. Vraa indicated that discussions will be held with the library following City Council action at tonight's meeting. He said that their concerns will also be taken into consideration. City Administrator Hedges noted that there will be ongoing dialogue with the Windcrest residents as the project progresses. Councilmember Blomquist commented on the encroachment of 15 acres owned by the library and said that if the lazy river were eliminated this would not be necessary. Vraa said that issue needs to be discussed with County staff. Councilmember Awada moved, Councilmember Wachter seconded a motion to accept the report from Water Technology, Inc. for the Eagan Family Aquatic Facility and authorize preparation of plans and specifications for municipal center parking and authorize Phase II contract for design development of the Eagan Aquatic Facility. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) NEW BUSINESS PRELIMINARY SUBDIVISION & VARIANCES - WISPARK ADDITION City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Greg Miller, representing Wispark, stated that they have worked closely with staff with regard to this proposal. Councilmember Wachter suggested installing a sign acknowledging that the oldest oak tree in Eagan is located on this site. Councilmember Masin concurred. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a Preliminary Subdivision (Wispark Addition) consisting of two lots and one outlot on 31.5 acres currently platted as Outlot A of Robins Addition in the NE 1/4 of Section 2 subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3,1993: Al, B1, B2, B3, B4, C1, C2, C4, D1, El, F1, G1 General Conditions 2. The property shall be platted. 3. The developer shall insure that the building plans, materials and construction of the office portion of the building improvements are such that they will provide an interior sound level of 45 dBA as compared with a noise level of 70 DNL. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 17,1998 (fin PAGE 12 }w???` 4. The building design shall comply with the standards for building exterior treatment outlined in the Zoning Code. 5. Any signage will require a permit and shall conform to the provisions of the Sign Code. 6. Detailed plans and specifications for the retaining walls shall be submitted at time of final subdivision application. 7. Storm sewer shall be included in this development to drain the low areas along the south edge of the site at the time of final subdivision application. 8. The developer shall obtain a permit from MnDOT to work within the TH 149 right-of- way for the connection to the frontage road in the southeast corner of Lot 1. 9. A cross-access agreement will be required at time of final subdivision approval to allow a shared parking lot between Lots 1 and 2. 10. On-site ponding shall be the primary means of meeting water quality treatment requirements and a supplemental cash dedication shall be required to make up for any shortfalls in meeting the full treatment requirements through ponding. 11. Filling of the wetland associated with Pond FP-1 is prohibited. 12. Any graded areas within 50 feet of the edge of Pond FP-1 shall be planted with native perennial grasses and forbs to act as a wetland buffer. 13. Tree protective measures (i.e. 4-foot polyethylene safety netting) shall be installed at the Drip Line or at the Critical Root Zone, whichever is greater, of the significant trees and/or woodlands to be preserved. 14. The developer shall contact the City Forestry Division at least five working days prior to issuance of a grading permit to ensure compliance with the approve Tree Preservation Plan. 15. The developer shall be responsible for a cash parks dedication and a cash trails dedication. Aye: 5 Nay: 0 Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a Variance to the parking lot setback requirements to allow the northeast corner of the parking lot on Lot 1 to be setback 4 feet, rather than 20 feet from the lot line. Aye: 5 Nay: 0 Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a Variance to the parking lot setback requirements to allow no setback (0 feet), rather than 5 feet, along the lot line between Lots 1 and 2 to accommodate a shared parking lot. Aye: 5 Nay: 0 Councilmember Awada stated that the reason the City Council is granting approval of the variance is for the purpose of saving trees. COMPREHENSIVE GUIDE PLAN AMENDMENT, HOLIDAY STATIONSTORES, INC. City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 17,1998 PAGE 13 Mark Nelson, Real Estate Manager for Holiday Companies, said that they are still working on a number of issues and will come back and present their master plans to the Council. Mayor Egan said that he wants to ensure that the development of this property is not done piecemeal and that what is being presented is ultimately developed. Mr. Nelson said that Holiday is confident of the proposed uses. Brian Haynes, 735 Lone Oak Road, said that this development will be directly viewed from his front window. He commented on a compromise that was worked out in the past regarding this site. he said he was concerned with noise, traffic and crime. He questioned the need for another hotel in the City. He also commented on the elevation change and the incompatibility of these kinds of developments with the surrounding area. John Wynseg, 710 Lone Oak Road, stated that he was also concerned about the grade elevation and the potential visibility problems with that will be created. He asked about the County spacing guidelines. He said he was concerned about the loss of property and trees where the retaining wall is proposed to be built. Director of Public Works Colbert commented on the spacing guidelines and said that the County will need to approve a variance to the guidelines, but he added that the design development has not been done at this time. He said the City will work with the County to ensure that the site line is maintained. Further discussion occurred regarding pedestrian crossing, changing the zoning of the property and improvements to Lone Oak Road. Director of Public Works Colbert explained that pedestrian crossing will be provided for with the signalization of TH 149 and TH 55. He also explained when Lone Oak Road is programmed for improvements in the 5-Year CIP. Councilmember Awada stated that the application is consistent with the Guide Plan designation that was changed a couple of years ago. Councilmember Blomquist stated that usually a better product is generated with a planned development. She said she was concerned that the neighboring property owners may have to pay some special assessments. Councilmember Wachter stated that Mr. Wynseg raised some legitimate concerns. He added that he was appreciative of this plan. Councilmember Masin questioned if the item should be continued to work out some of the concerns raised. Mayor Egan said that he liked the proposal and felt the Council should move the application forward to the Metropolitan Council and allow the property owner and the applicant to negotiate another access. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a Comprehensive Guide Plan Amendment from NB (Neighborhood Business) to CPD (Commercial Planned Development) for approximately 19 acres at the southeast corner of Lone Oak Road and State Hwy. 55. Aye: 5 Nay: 0 LEGISLATIVE,IINTERGOVERNMENTAL AFFAIRS City Administrator Hedges stated that he has received an update on bills from the AMM and the MLC and will forward the updates to the City Council. Mayor Egan noted that several members of the City Council and City Administrator Hedges attended the National League of Cities Conference. He mentioned the meeting that was held with City EAGAN CITY COUNCIL MEETING MINUTES; MARCH 17,1998 PAGE 14 officials and representatives of Bill Luther's office regarding ISTEA funding for the three mile stretch of Highway 13. MOUND TABLE Councilmember Wachter asked if there was any progress made on the request made by Mr. Jandewerth. City Administrator Hedges said he did not know the status. Councilmember Masin stated that several members of the Council attended the Eagan Town Meeting. She said she would like the Council to develop assets that local governments are responsible for. Mayor Egan mentioned that he discussed this idea with the Eagan Foundation. Councilmember Masin noted that she attended the grand opening of the Dakota County licensing center at the transit hub in Burnsville. She commented on the 2000 census and said that it is important to be as accurate as possible. She suggested that a Councilmember and a staff person should be named as contacts. Councilmember Wachter questioned if it is possible to remove the chlorine taste from the water. Director of Public Works Colbert said that a sample could be taken to determine the chlorine level and he will report the results to the Council. Councilmember Blomquist stated that she was concerned about noise caused by fanning of jets over the Valley View Plateau area and that the Council needs to push for Part 150 funding for other areas of the City also. CHECK REGISTER Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register dated March 12,1998 in the amount of $1,146,912.01. Aye: 5 Nay: 0 ADJOURNMENT The meeting adjourned at 10:10 p.m. March 17, 1998 Date MLK City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance.