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05/19/1998 - City Council RegularMINUTES OF A REGULAR MEETING OF THE 00167 EAGAN CITY COUNCIL Eagan, Minnesota May 19,1998 A regular meeting of the Eagan City Council was held on Tuesday, May 19, 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 suggested that a report on the storm damage from last Friday be given under Department Head Business. Councilmember Awada moved, Councilmember Blomquist seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OF THE MAY 5,1998 REGULAR MEETING Councilmember Blomquist requested that on page two, the first sentence in the fourth paragraph be revised as follows, "In regard to Item K, Extend Interim Ordinance - D-II Moratorium, Councilmember Blomquist said she was concerned about extending the moratorium for an additional one and a half years for a total of two and a half years since nothing has been accomplished since the ordinance was approved a year ago." Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 MINUTES OF THE MAY 5,1998 SPECIAL MEETING Councilmember Awada requested that on page one, the third sentence in the seventh paragraph be revised as follows, "City Councilmember Awada stated that the appraisal issue became an issue with the Oak Chase Project, further commenting that many neighborhoods have benefited by the street reconstruction program since its implementation in the early 1990's with only a handful of appeals." Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 VISITORS TO BE HEARD Tim Dunn, 3935 Denmark Avenue, said he was concerned that construction of the Eagan Aquatic Facility may cause the pond level near his property to increase and impact his backyard as well as the neighbors' backyards. He further said that the existing pond coverage was not accurately depicted on the City's map. He cautioned the Council to take care in protecting the natural environment. He also said he was concerned with noise impacts. Mayor Egan stated that the Council has and will continue to address the concerns expressed by the adjacent neighborhood. DEPARTMENT HEAD BUSINESS SELECTION OF CONSTRUCTION MANAGER, FAMILY AQUATIC FACILITY City Administrator Hedges provided an overview on this item. Councilmember Wachter commented that it was difficult to choose between the three firms that were interviewed for the construction manager. He added that the final decision was based on price and experience. Councilmember Awada moved, Councilmember Wachter seconded a motion to authorize the hiring of Greystone Construction as the construction manager for the Family Aquatic Facility, assuming a EAGAN CITY COUNCIL MEETING MINUTES; MAY 19,1998 PAGE 2 successful contract is negotiated. Aye: 3 Nay: I (Councilmember Masin opposed and Councilmember Blomquist abstained) Councilmember Masin said she felt this action was premature since all the environmental issues have not been addressed, Councilmember Blomquist indicated that she would like the environmental, traffic and noise impacts studied further and stated she was abstaining until more information is available. ADMINISTRATIVE AGENDA MAY 15 STORM f0( 168 City Administrator Hedges provided an update on the May 15 storm and commended the Public Works and Parks crews for their assistance with the clean up. He also commended the Police Dispatchers for their efforts in handling storm related calls. RESIGNATION OF ASSISTANT TO THE CITY ADMINISTRATOR Mayor Egan commented on the resignation of Assistant to the City Administrator Hohenstein and stated that he has accepted the position of City Administrator at the City of Mahtomedi. He wished him the best of luck and said he will be missed. Councilmembers Wachter and Blomquist thanked him for his years of service. City Administrator Hedges stated that although his position may be filled he will never be replaced. CONSENT AGENDA In regard to Item B, Service Station license renewals, Councilmember Wachter requested that staff ensure that the advertising signs being displayed on the exterior premises of all service stations comply with the City's Sign Code. City Administrator Hedges noted that a letter could be sent with the licenses addressing potential violations. In regard to Item C, Tree contractor license for Sherwood Tree, Councilmember Wachter referenced the bond requirement for a tree contractor license. City Administrator Hedges said that information addressing the request to remove the bond requirement from the license application will be forthcoming from Director of Finance/ City Clerk VanOverbeke. In regard to Item F, Final Subdivision - Murphy Farm 2nd Addition, Springbrook Corporation, Councilmember Wachter stated that another request should be made asking that the farm machinery on . site be stored inside. In regard to Item L, Project 737, receive feasibility report/schedule public hearing (Inver Grove Heights Jubilation Addition - Utilities), Councilmember Wachter indicated he was abstaining from voting on this item. In regard to Item Z, Resignation, APrC, Councilmember Wachter requested that a letter of thanks be sent to Steven Knutson. A. Personnel Items Item 1. It was recommended to approve the hiring of Brad Eller as a temporary seasonal senior program assistant for Recreation. Item 2. It was recommended to approve the hiring of Pierre Ellis as a temporary seasonal part-time basketball coach supervisor. EAGAN CITY COUNCIL MEETING MINUTES; MAY 19,1998 PAGE 3 Item 3. It was recommended to approve the hiring of Laura Clark as a temporary seasonal recreation leader. Item 4. It was recommended to approve the hiring of Matt Peterson as a temporary seasonal utilities maintenance worker. Item 5. It was recommended to approve the hiring of Joseph Walton as a temporary seasonal tree inspector. Item 6. It was recommended to approve the hiring of Brenda Fears as a temporary seasonal part-time concession worker. Item 7. It was recommended to accept the resignation of Marlynn Greenwood from her position as a Clerical Technician III in the Community Development Department. Item 8. It was recommended to approve adjustments for the Office Supervisor/ Police Department position for Time Spent Profile (TSP) points from 69 to 73 and for compensation range from G to H; the adjustments for the Clerical Tech II/Maintenance Facility position for TSP points from 50 to 54 and for compensation from Clerical Level II to Clerical Level III; the adjustments for the Full-Time Building Maintenance Worker position for TSP points from 55 to 58 and for compensation from range D to E; the adjustments for the Utilities Supervisor/ Water position for TSP points from 78 to 81 and for compensation from range I Exempt to J Exempt; and the adjustments for the Senior Planner position for TSP points from 88 to 96 and for compensation from range K Exempt to range M Exempt. B. Service Station license renewals. It was recommended to approve service station license renewals for service stations within the City of Eagan as attached in Exhibit A. C. Tree contractor license for Sherwood Tree. It was recommended to approve a tree contractor license for Sherwood Tree as presented. D. Construction/ Demolition hauler license for Affordable Container Service. It was recommended to approve a construction/ demolition debris hauling license for Affordable Container Service as presented. 0(169 E. Proclamation observing Pause for the Pledge of Allegiance on June 14 at 6:00 p.m. It was 98-47 recommended to proclaim June 14, 1998 at 6:00 p.m. to be a time to "Pause for the Pledge of Allegiance" in the City of Eagan. F. Final Subdivision - Murphy Farm 2nd Addition, Springbrook Corporation. It was recommended to 98-47. 1 approve a Final Subdivision (Murphy Farm 2nd Addition) consisting of 5 lots on approximately 2 acres located on the east side of Murphy Parkway, in the NW 1/4 of Section 21 subject to the conditions recommended by the Council with the preliminary subdivision. G. Recommendation, Airport Relations Commission, request for extension of comment period, Final Environmental Impact Statement, Dual Track Airport Planning Process/ Airport expansion. It was recommended to approve a recommendation by the Airport Relations Commission that the City of Eagan requests an extension of the comment period from June 15 to June 17 for public comment regarding the final environmental impact statement for the expansion of the airport under the dual track airport planning process. H. Contract 98-13, approve plans/authorize ad for bids (McKee Add. - Street Imp.). It was recommended to approve the plans for Contract 98-13 (McKee Addition - Street Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, June 11, 1998. EAGAN CITY COUNCIL MEETING MINUTES; MAY 19,1998 PAGE 4 0 0170 1. Project 734, receive feasibility report/schedule public hearing (Town Centre Dr. 100 - Sidewalk). It was recommended to receive the feasibility report for Project 734 (Town Centre 100 Sidewalk Improvements) and schedule a public hearing to be held on June 16,1998. J. Project 742, receive feasibility report/schedule public hearing (Wescott Hills Dr. - Streets and Utilities). It was recommended to receive the feasibility report for Project 742 (Wescott Hills Drive - Street & Utility Improvements) and schedule a public hearing to be held on June 16, 1998. K. Project 738, receive feasibility report/schedule public hearing (Rocky Lane - Streets and Utilities), It was recommended to receive the feasibility report for Project 738 (Rocky Lane - Street & Utility Improvements) and schedule a public hearing to be held on June 16, 1998. L. Project 737, receive feasibility report/schedule public hearing (Inver Grove Heights Tubilation Addition - Utilities). It was recommended to receive the feasibility report for Project 737 (Jubilation Addition - Utility Improvements) and schedule a public hearing to be held on June 16, 1998. (Councilmember Wachter abstained) M. Receive petition/order public hearing, right-of-way vacation - Rusten Road. It was recommended to receive the petition to vacate a portion of public right-of-way, Rusten Road, and schedule a public hearing to be held on June 16, 1998. N. Receive petition/order public hearing, right-of-way vacation - Cedar Street & Trails End (Royal Oaks Development). It was recommended to receive the petition to vacate a portion of public right-of-way, including Cedar Street and Trails End Road, and schedule a public hearing to be held on June 16, 1998. 0. Contracts 98-12 & 98-14, approve plans/authorize ad for bids (City Family Aquatic Facility - Grading & Utilities & Site Clearing & Grubbing). It was recommended to approve the plans for Contract 98-12 (Family Aquatic Facility - Grading and Utility Improvements) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, June 11, 1998 and to approve the plans for Contract 98-14 (Family Aquatic Facility - Site Clearing and Grubbing) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Monday, June 1, 1998. P. Contract 97-04, approve final payment/acceptance (Cliff Rd. Water Treatment Facili Standby Generator). It was recommended to approve the 3rd and final payment for Contract 97-04 (Cliff Rd. Water Treatment Facility - Standby Generator) in the amount of $13,000 to Gerhart Electric and authorize acceptance for perpetual maintenance subject to appropriate warranty provisions. Q. Recommendation, Airport Relations Commission, Eagan/Mendota Heights Corridor review issues. It was recommended to approve a recommendation by the Airport Relations Commission to forward comments to the Metropolitan Aircraft Sound Abatement Council concerning issues to be addressed in the MASAC review of corridor issues. R. Recommendation, Airport Relations Commission, siting criteria, additional remote automated noise monitors. It was recommended to approve a recommendation by the Airport Relations Commission supporting the siting of additional remote automated noise monitors within the City of Eagan. S. Recommendation, Airport Relations Commission, resolution calling for the limitation of additional 98.47.2 flight tracks during the South Parallel Runway construction project. It was recommended to approve a recommendation by the Airport Relations Commission calling upon the Metropolitan Airports Commission and the Federal Aviation Administration to prohibit the use of flight tracks south of runway centerline from the parallel runways, to limit the aggressiveness of east, southeast and southbound turns from Runway 4/22, to provide flight track data regarding early turnouts from the parallel runways and to hold an informational meeting for Eagan residential areas exposed to unusual flight tracks as a consequence of the runway construction. EAGAN CITY COUNCIL MEETING MINUTES; MAY 19,1998 PAGE 5 00171 T. Joint Powers Agreement Amendment, establishing the Burnsville/Eagan Telecommunications Commission and defining its responsibilities. It was recommended to approve an amended joint powers agreement establishing the Burnsville/Eagan Telecommunications Commission and defining its responsibilities. U. Resolution, definitive agreement transferring community television programming responsibilities 98-48 from North Central Cable Communications Corp (dba MediaOne) to the Burnsville/Eagan Telecommunications Commission. It was recommended to approve a resolution adopting a definitive agreement to transfer community television programming responsibilities from North Central Cable Communications Corporation to the Burnsville/Eagan Telecommunications Commission. V. Approve LCTS grant funds, Independent School District 197. It was recommended to approve acceptance of LCTS Funds from School District 197 for Recreation Programming in the Quarry Park neighborhood. W. Approve application for grant fund, Mighty Ducks rehabilitation. It was recommended to approve a grant submission to "Mighty Ducks" for rehabilitation work at the Eagan Civic Arena. X. Approve agreement with Eagan Travel Baseball for lights at Goat Hill Park. It was recommended to approve an agreement with Eagan Travel baseball/Eagan Athletic Association for lighting of "Little Goat" baseball field and the allocation of funds from the Park Site Acquisition and Development Fund. Y. Change Order Number 1, Eagan Civic Arena. It was recommended to approve Change Order Number 1, Eagan Civic Arena in the amount of $375.00. Z. Resignation, APrC. It was recommended to accept the resignation of Steven Knutson from the Advisory Parks Commission and a determination was made to appoint Alternate Bonnie Karson to fill the position and contact the remaining pool of candidates regarding the alternate vacancy. AA. Approve amendment to Joint Powers Agreement with Gun Club Lake Watershed Management Organization. It was recommended to approve an amendment to the Joint Powers Agreement with the Gun Club Lake Watershed Management Organization pertaining to the formation and use of advisory committees and the organization and functioning of the Board. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 PUBLIC HEARINGS VARIANCE, JAMES L. GRESBACK City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Mr. Gresback was available for questions. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council. 98-48.. Councilmember Wachter moved, Councilmember Blomquist seconded a motion to close the public hearing and approve a 2 foot Variance from the 10 foot side yard setback requirement applicable to Lot 2, Block 1, Park Ridge Addition. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; MAY 19,1998 00172, PAGE 6 PROJECT 695, FINAL ASSESSMENT HEARING YANKEE DOODLE ROAD (BRIDGE WIDENING & STREET IMP.) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council. Councilmember Wachter moved, Councilmember Awada seconded a motion to close the public hearing and approve the Final Assessment Roll for Project 695, Yankee Doodle Road (Bridge Widening & Street Imp.) and authorize its certification to Dakota County. Aye: 5 Nay: 0 PROJECT 732, OAK POND HILLS (STREET AND UTILITIES) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Jim Dvorak, SRF Consulting Group, Inc., discussed the details of the project. Hedges noted that a letter was received from the Lakewood Hills Homeowners Association indicating their desire to be excluded from the project. Mayor Egan opened the public hearing to anyone wishing to speak. Mike Armada, 4524 Oak Pond Road, stated that he was representing the residents who live on Oak Pond Road. He said the residents were concerned about the lack of maintenance performed on Oak Pond Road, the lack of need to connect to City utilities since the wells and septic systems are in working condition and the assessment amount and the discrepancy between the two appraisals that were conducted. He indicated that the four property owners proposed for two assessment equivalents would be willing to sign a deferral agreement to defer any assessment until such time their property is subdivided. Megan Devine, 4535 Oak Pond Circle, questioned how the proposed maintenance road will affect her front yard. She asked if there were any other options for the construction of this road. Director of Public Works Colbert explained the purpose for the maintenance road and culvert and identified possible options. He said the intent of installing the culvert is to separate the wetland from the pond. Quentin Reimer, 4535 Oak Pond Circle, asked what kind of maintenance will have to be performed. Director of Public Works Colbert explained that the culvert may need to be cleaned out following storm events in addition to being inspected annually. Chris Turnquist, 4545 Oak Pond Circle, noted that the proposed location of the road is quite steep and she asked if staff had been out to the area. Director of Public Works Colbert stated that the least impacted route will be selected. Ms. Turnquist asked if the level of the pond will be affected and said she would like it to be kept higher. Colbert noted that during storm events the level of the pond will increase and then drain back to a controlled elevation. He added that it may be possible to keep the level of the pond higher depending upon the impacts to the adjacent properties and their willingness to provide any additional easements. Donna Wills, Acting President of Lakewood Homeowners Association, stated that they are satisfied with the current condition of the roads and private utilities in their neighborhood and are not interested in being included with this project. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. Councilmember Blomquist asked about the two appraisals that were completed. Director of Public EAGAN CITY COUNCIL MEETING MINUTES; MAY 19,1998 PAGE 7 Works Colbert stated that the first appraisal was to determine the assessment for the street reconstruction and the second appraisal was taken to determine the assessment for new utilities to serve the development. Mayor Egan commented on the inclusion of the Lakewood Hills area to the project and said he felt bad that they had been included after the completion of the preliminary report. He stated that he spent a great deal of time talking with the Oak Pond Hills Addition residents and said they raised some excellent points. He further stated that he has concerns about the extension of sanitary sewer to the Fawn Ridge terminus and the lack of planning to extend water, the lack of maintenance performed on these roads and the appraisal issue. He recommended the Council go forward on a dual track process with the project by approving the feasibility report at tonight's meeting and authorizing detail plans and specifications to be prepared to be followed by the authorization of an advertisement for bids with the award of the bids to be held in conjunction with the final assessment hearing to be scheduled for the August 4,1998 City Council meeting. Councilmember Wachter felt that this was a good suggestion. Councilmember Blomquist concurred that changing the process made sense. She said that it is time for the road to be repaired in this neighborhood. Mayor Egan mentioned the four properties that are able to be subdivided and said that the assessments to those properties can be dealt with at the appropriate time. He added that since 191/z homeowners out of 20 in the Lakewood Hills development are opposed to the improvements he saw no reason to go ahead with area-wide improvements and assessments at this time. Councilmember Blomquist concurred. Ms. Mills indicated that the homeowners in Lakewood Hills are being asked to pay an $860 hook up charge for sewer service. Mayor Egan suggested that this charge be paid for at the time the homeowners are connected to City services. Councilmember Awada said she would like the issue of connection to City utilities and the law requiring homeowners be connected to City services in order to sell their property further addressed at the August 4 City Council meeting. She added that she understands the argument that if the residents already have a useable water and sewer source there is no value added to their property by adding a second system. She questioned at what point in time the value would be received and what could be done to defer assessments until the time of hook up. Director of Public Works Colbert stated that the Council has the discretion as to how they wish to collect any special assessment that is levied, which would be collected through an agreement that should be recorded so future owners will be aware of any obligations. Councilmember Awada asked if any of the property owners sold their property at this time would they be required to change out their septic system or hook up to City utilities. Colbert added that he was informed by the Building Inspection Department that these systems more than likely do not meet the requirement of the new state law based on the age of their initial construction. Mr. Armada questioned the basis upon which an appraiser makes a final appraisal. City Attorney Sheldon explained that the issue is the difference in value based on the project from before and after. He said they will check into this question with the appraisers. Mr. Armada stated that he was told that the first appraiser saw no additional value for connecting to City sewer and water if an operable well and septic system was available. Director of Public Works Colbert said it was his understanding that the initial appraisal was based on the street improvement and not the utilities. Mr. Armada added that there will be no benefit or value received by the installation of City utilities since there are already good working systems in place. He asked about the large pending assessment that will be on the record if this project is approved tonight. City Attorney Sheldon stated that the City, historically, has filed a pending assessment roll as a courtesy and said he was not aware of any requirement that a pending assessment roll be filed. Mr. Armada noted that if one of the neighbors were to sell their home next week they would need to escrow up to $28,000 to satisfy some mortgage companies' requirements. Mayor Egan stated that the pending assessment is filed for everyone's protection. 00173 Councilmember Blomquist moved, Councilmember Masin seconded a motion to close the public hearing and approve Project 732 Oak Pond Hills Add. (Streets and Utilities). Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; MAY 19, 1998 PAGE8 0 F0174 Councilmember Blomquist moved to schedule the bid award and assessment hearing for the August 4, 1998 City Council meeting and waive adoption of a pending assessment roll for this project. Director of Public Works Colbert stated that if a pending assessment roll is not adopted there will be no protection for potential new property owners. Mayor Egan said that the buyer and seller, along with the title company, will need to negotiate the amount to be escrowed. Colbert noted that the pending assessment period will be short since the final assessment hearing is scheduled for August. Councilmember Awada added that the pending assessment amount cannot be increased at a later date if it is set at a lower amount now. Mayor Egan stated that the buyer and seller would have to contact City Hall and determine what they consider to be a fair and reasonable escrow amount. Councilmember Blomquist's motion was modified to include the authorization of the preparation of detail plans and specifications, and the acquisition of public easements as necessary, deleting the area assessment involving the Lakewood Hills development, scheduling the bid award and final assessment hearing for the August 4, 1998 City Council meeting and providing potential buyers and sellers with the opportunity to contact City Hall and negotiate what they consider to be a fair and reasonable escrow amount for this project. Councilmember Awada seconded the motion. Aye: 5 Nay: 0 Councilmember Awada added that if a property owner decides to sell their home prior to August 4 they should be able to come to City Hall to see if the pending assessment roll can be modified for their property. Mayor Egan said that the Council should approve the process that leads them to the preparation of plans and specifications at the earliest date. EASEMENT VACATION, EAGANDALE CENTER INDUSTRIAL PARK NO. 9 City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council. Councilmember Wachter moved, Councilmember Awada seconded a motion to close the public hearing and approve the vacation of public easements within Eagandale Center Industrial Park No. 9 and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 OLD BUSINESS RESOLUTION AUTHORIZING THE AMENDMENT OF THE MULTIFAMILY HOUSING REVENUE BONDS (THOMAS LAKE PLACE APARTMENTS PROJECT) SERIES 1986 City Administrator Hedges provided an overview on this item. Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve a resolution authorizing the amendment of the Multifamily Housing Revenue Bonds (Thomas Lake Place Apartments Project), Series 1986, and authorizing the execution of various documents in connection therewith. Aye: 5 Nay:, 0 CLARIFICATION OF EAGAN PROMENADE SIGN AGREEMENT City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. 98-49 Councilmember Awada stated that staff's interpretation of the original sign agreement is correct. She noted that the City Council previously denied a sign application for the Promenade that was not in EAGAN CITY COUNCIL MEETING MINUTES; MAY 19,1998 PAGE 9 00175 compliance with the City's Sign Ordinance. Councilmember Wachter said that the Council intended for all signs to be consistent with the signage guidelines. Mayor Egan asked for clarification on the difference between visually and physically exposed neon signage. Senior Planner Ridley provided an explanation. Councilmember Blomquist said that she is concerned that Quizno's installed the sign without obtaining a sign permit. Chris Heimerl, Manager of Quizno's, stated that he was told by the sign company that they would get a sign permit and they did not. He further stated that he was told by Opus that the neon sign would be acceptable since the neon would be covered. Councilmember Wachter added that staff made the right decision to bring this before the Council for clarification and said that staff's interpretation of the signage guidelines should be supported. Councilmember Wachter moved, Councilmember Awada seconded a motion to support staff's interpretation of the signage guidelines. Aye: 5 Nay: 0 CLARIFICATION ON PREVIOUS ACTION REGARDING ODD/EVEN YEAR ELECTION City Administrator Hedges provided an overview on this item and stated that the person who requested this item be placed on the agenda has indicated they no longer require clarification on this matter. He added that no action was required by the Council. NEW BUSINESS FINAL PLANNED DEVELOPMENT & FINAL PLAT - OPUS NORTHWEST LLC City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Wachter moved, Councilmember Masin seconded a motion to approve a Final Planned Development to allow construction of a one-story 58,300 square foot office/showroom building on 6.36 acres at the northwest corner of Lexington Avenue and Clubview Drive in the NE 1/4 of Section 10, legally described as Lots 2 and 3, Block 2, Eagandale Center Industrial Park No. 9 subject to the following conditions: 1. A Final Planned Development Agreement shall be executed and recorded with the plat. The Agreement shall include the following exhibits: Final Site Plan Final Building Elevations Final Landscape Plan Final Site Lighting Plan 2. The property shall be replatted as one lot. 3. The common lot line easement between Lots 2 and 3, Block 2 Eagandale Center Industrial Park No. 9 shall be vacated prior to the replatting of the property. 4. All storage of trash and recyclables shall be within the principal building. 5. 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 50 dBA as compared with a noise level of 70 DNL. 30176 EAGAN CITY COUNCIL MEETING MINUTES; MAY 19, 1998 PAGE 10 6. Setbacks shall be as shown on the Site Plan dated March 18,1998, last revised March 31, 1998. 7. Visibility of all rooftop equipment shall be minimized from adjacent properties and public rights-of-way through placement, screening and/or painting to match the building. All signage shall satisfy City Sign Code requirements. 9. Additional overstory trees and shrubs should be added on the west side of the property to achieve 75% screening of the parking lot. On the north side of the property, the landscaping should be coordinated with that on the adjacent parcel to provide complementary landscape elements. Aye: 5 Nay: 0 Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a Final Flat (Eagandale Center Industrial Park No. 15) replatting Lots 2 and 3, Block 2, Eagandale Center Industrial Park No. 9 as a single lot (Lot 1, Block 1, Eagandale Center Industrial Park No. 15). Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION (DEER REST POND ADDITION) RON ROTH & JAMES SCHMITT City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. James Schmitt explained the proposed subdivision request. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a Preliminary Subdivision to create four lots on 2.86 acres located between James Court and Rusten Road in the SW 1/4 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, C1, D1, El 2. The property shall be platted. 3. Parks and trails dedication shall be required for proposed Lots 3 and 4. 4. Erosion control in accordance with City standards shall be installed and maintained at time of building permit for the custom-graded lots. 5. An Individual Lot Tree Preservation Plan shall be submitted at the time of building permit application. 6. The final subdivision shall be contingent upon the vacation of excess right-of-way of Rusten Road. 7. Prior to final subdivision approval, the developer shall provide the City with proof of ownership to that portion of Rusten Road to be vacated. 98-49.1 Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; MAY 19, 1998` ???? PAGE 11 LEGISLATIVF/INTERGOVERNMENTAL AFFAIRS City Administrator Hedges referenced an article on the extension of the light rail transit line and stated that Eagan's sister cities have expressed interest in passing a resolution to pursue Dakota County as a transit hub. ROUND TABLE City Attorney Sheldon said that the Court of Appeals released the Finch opinion and the City was upheld. He added that he would be providing the Council with information on the Tennessen issue as it relates to appraisals. Councilmember Masin stated that she attended the County of the Future conference and those who attended indicated they would like to see this become an annual event. Councilmember Blomquist commented on the possibility of camouflaging monopoles/antenna to look like a tree. She mentioned the celebration that will be held for Alice Bolke's 80th birthday. Mayor Egan said that the Council is in the process of updating the Comprehensive Guide Plan and he noted that the cities of Burnsville and Apple Valley are way beyond the City of Eagan in terms of development and yet there is still vacant land available in those areas. He requested that information be provided on how the City of Eagan compares to those cities in terms of land categories in regard to development. CHECK REGISTER Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register dated May 14,1998 in the amount of $2,416,601.59. Aye: 5 Nay: 0 ADJOURNMENT The meeting adjourned at 9:15 p.m. May 19, 1998 Date MLK (i?& X"- 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. 00178 1998-1999 SERVICE STATION LICENSE RENEWALS 1. Tom Thumb 1815 Diffley Road Eagan, MN 2. Tom Thumb 1446 Yankee Doodle Road Eagan, MN 3. Speedway Superamerica #4464 2250 Cliff Road Eagan, MN 4. Speedway Superamerica #4049 4200 E. Highway 13 Burnsville, MN 5. Speedway Superamerica #4182 1406 Yankee Doodle Road Eagan, MN 6. Speedway Superamerica #4335 1379 Town Centre Drive Eagan, MN 7. Walstad's Eagan Amoco 4205 Nicols Road Eagan, MN 8. Rudy's Sinclair 3946 Nicols Road Eagan, MN EXHIBIT A