Loading...
07/21/1998 - City Council RegularMinutes of the Regular City Council Meeting on July 21, 1998 page 1 0( 2 54 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 21,1998 A regular meeting of the Eagan City Council was held on Tuesday, July 21, 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 Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the agenda as presented with the addition of item X. to the consent agenda, the authorization of the submission of a federal grant application to assist with the purchase of in-squad cameras. Aye: 5 Nay: 0 MINUTES OF THE JULY 7,1998 REGULAR MEETING Councilmember Blomquist moved, Councilmember Awada seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 MINUTES OF THE JULY 7,1998 SPECIAL MEETING Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 MINUTES OF THE JUNE 23,1998 SPECIAL MEETING Councilmember Masin requested that the third sentence of the third paragraph on page 4 of the minutes from June 23, 1998 be amended to read "Mayor Egan mentioned that there is a teen center called the Depot located in Hopkins. "Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 VISITORS TO BE HEARD Councilmember Wachter asked to address the Council on a matter of concern to him. He read a letter he had received from Councilmember Blomquist's attorney pertaining to alleged defamatory comments he made to citizens of Eagan regarding Councilmember Blomquist. He expressed that he was hurt by this letter and did not appreciate the friction on the Council that detracts from their effective governance of the City of Eagan; he made specific reference to Councilmember Blomquist's lobbying the County Board and costing the City unnecessary expense. Councilmember Awada stated that this matter had been going on for some time and that there was a conflict of interest for Councilmember Blomquist to be unethically using her position at Northwest Airlines for City purposes. She explained that this matter had been covered up at the request of Councilmember Blomquist, but that the issue has not dissolved and has caused the underlying friction on the City Council. She called for an ethics policy for the Council, but expressed concern that it would be ineffective and inappropriate for the Council to take action given the questionable ethics of its current membership. City Administrator Hedges informed the Council that staff has done research on this matter and has acquired the ethics policies of various Minnesota cities through the League of Minnesota Cities; this matter can be on an agenda at any time. Councilmember Awada emphasized the importance of this matter being handled by someone other than the current Council. Councilmember Blomquist denied any involvement in unethical behavior and stated she had not attended the conference in question. She bemoaned the unwillingness of the other Councilmembers to let this matter rest and stated that her colleague's behavior showed a lack of Christianity and very little Minutes of the Regular City Council Meeting on July 21, 1998 page 2 O()253 concern for others. She expressed feelings of retaliation for the past six to eight months and further stated that this was not a matter that warranted City time. Councilmember Awada disagreed, saying that Councilmember Blomquist had in fact flown to Washington, D.C. on City business, regardless of her attendance at the conference and consequently behaved unethically. Councilmember Blomquist restated that this was not a matter for public debate on City time. Mayor Egan stated that this discussion was beyond the scope of Visitors To Be Heard and that the Council should create a task force or a commission to develop an ethics policy. He stated that the importance of such a policy would be to ensure a working environment for the five councilmembers and asked City Administrator Hedges to include this matter at the next workshop on August 4, 1998. DEPARTMENT HEAD BUSINESS ICE SAFETY POLICY City Administrator Hedges provided an overview on this item; he stated that this matter has come up due to incidents where citizens have fallen through the ice in thin areas. City Administrator Hedges informed the Council that the Advisory Parks Commission recommended adoption of Policy Option #1 and that Director of Parks and Recreation Vraa was present to answer questions. Mayor Egan stated that this policy recommendation makes imminently good sense and supported the policy because of his concern that putting out inaccurate or unreliable information would pose a greater liability for the City, but the City should certainly be responsible for posting warnings pertaining to its own actions that may have made the ice unsafe. Councilmembers Awada and Wachter expressed agreement with Mayor Egan's comments; Councilmember Wachter further commented that it would be impossible to identify all problem areas and it would be best to respond only to the areas for which the City is responsible. Councilmember Wachter moved, Councilmember Awada seconded a motion to adopt Policy Option #1 to establish City policy pertaining to safety warnings for ice conditions on lakes and wetlands. Aye: 5 Nay: 0 Councilmember Masin asked Director of Parks and Recreation Vraa to respond to several concerns. She relayed the concerns she'd heard from citizens who went to other communities for the 4th of July celebration, asserting that the City of Eagan doesn't have a place to celebrate anymore and entreated Director of Parks and Recreation Vraa to explain how the City of Eagan had arrived at such a predicament. Director of Parks and Recreation Vraa informed Councilmember Masin that a committee had been formed to find a location and had weighed various locations according to their individual merits to arrive at this location. He further stated that he had heard a good amount of positive feedback on the fireworks and stated that this was in some respects a matter of public opinion. Councilmember Masin restated that the fireworks and the celebration were a big issue for the community. Director of Parks and Recreation Vraa responded that the fireworks display is limited by the size of neighboring homes and the distance between the fireworks and the homes. City Administrator Hedges stated that staff has conducted meetings on this matter and that the Council needs to establish criteria for evaluating various locations, and advised the Council to have the Advisory Parks Commission develop criteria and potential locations to review for future fireworks displays. Councilmember Masin asked why this hadn't been addressed before and why there had been no planning process to allow for this celebration. Councilmember Wachter asked Councilmember Masin to clarify what she was interested in planning that had not already been done. Councilmember Awada reminded Councilmember Masin that the Council had approved a Parks System Plan. Councilmember Masin stated that the Council had not done its job or fulfilled its responsibilities concerning the 4th of July Celebration or planning for the future of recreation in the City. Minutes of the Regular City Council Meeting on July 21, 1998 page 3 00 56 Mayor Egan stated that the Council is faced with many tough decisions pertaining to recreation. He emphasized the importance of prioritization as the Council reviews its plans, noting that high visual fireworks displays are a priority for Councilmember Masin. Councilmember Blomquist called for a return to Parliamentary Procedure. Mayor Egan recognized the validity of Councilmember Blomquist's point and suggested that this matter be reviewed in the coming year, analyzing the displays of previous years and this year. Councilmember Awada asked for clarification, stating that she had understood that the Council had already asked the Advisory Parks Commission to prioritize within its own plan. Mayor Egan confirmed that the Council had given that direction and was currently following those priorities as resources are available, but stated that it was impossible to do all the improvements at once. Councilmember Masin asked for an example of when the Council had followed the recommendation of the commission. Mayor Egan responded that the recommendation had been followed at Walden Heights Park. Director of Parks and Recreation Vraa informed the Council that the City of Eagan is in the second year of its 5 year CIP plan; he further stated that several projects have been completed and others are underway. Director of Parks and Recreation Vraa reminded the Council that the CIP would be reviewed with the budget and that would be an appropriate time to make amendments to the plan. Councilmember Masin said that reference to the plan should be made in the packet and in the minutes so that everyone is clear on the relation of a given agenda item to the 5 year plan. Mayor Egan asked City Administrator Hedges to earmark items that pertain directly to plans the Council has previously approved; he further stated that he considered familiarity with the approved plans incumbent on all members of the Council. Councilmember Masin stated that there was a difference between simply having a plan and having it referenced for specific agenda items. City Administrator Hedges explained the City's process to implement approved plans; he stated that the Council reviews the CIPs in December and if the budget is approved, the City proceeds according to the plan. City Administrator Hedges further explained that for items not in the plan or the budget, the proposals for those projects go to the Advisory Parks Commission and the City Council before implementation. Councilmember Masin stated that the City Council should conduct itself in a more goal- oriented manner. Mayor Egan responded that the Council prepares plans for that reason and stated that the 5-year CIP should address Councilmember Masin's concerns about goals. Councilmember Wachter stated that the 4th of July had always been a good celebration, but that the reality is that there is no longer a large enough space in Eagan to accommodate a large fireworks display. Mayor Egan stated that this was enough discussion on this matter and further discussion should be referred to a future workshop. CONSENT AGENDA In regard to Item D. Approve a resolution declaring intent to issue bonds to finance Aquatic Facili , Councilmember Blomquist expressed concern at the lack of information available about this matter and abstained on the vote. In regard to Item F. Stipulation, an attempt to settle lawsuit, Bieter v. City of Eagan, Councilmember Blomquist abstained. Councilmember Awada stated that the public needed to know about this matter and briefly reviewed the potential outcome of Bieter v. City of Eagan. City Administrator Hedges said that any action taken after settling the lawsuit will be subject to the public hearing process. Councilmembers Blomquist and Wachter expressed support for the potential settlement. In regard to Item G. Contract 98-10, receive bids/award contract, Thomas Lake (Storm Sewer - Weir Outlet), Councilmember Wachter expressed concern that the City underestimated by 24%, stating that this was an uncomfortable underestimation. Director of Public Works Colbert replied that this was a specialty structure and therefore difficult to estimate, stating that they estimated using a larger model and learned that reducing the size of the project did not necessarily mean a proportionate reduction in cost. He said he was disappointed, but not uncomfortable with the estimate and the low bid. Minutes of the Regular City Council Meeting on July 21, 1998 page 4 In regard to Item N. Contract 98-20, receive bids/award contract (Aquatic Facility - Parking Lot Lighting), Councilmember Blomquist expressed concern about the bid being 20% over the projected budget, stated that this issue has been hard to follow and that she hasn't yet seen the lighting plan. Councilmember Blomquist added that she would be voting against this item. In regard to Item S. Consolidation of Aquatic Facilibids, Councilmember Blomquist stated that there was not enough information on this matter. Mayor Egan reminded Councilmember Blomquist that at the last meeting, the Council had learned that consolidating the contract would save the City $4,300. Councilmember Blomquist abstained. In regard to Item U. Resolution to consider light rail transit hub, Councilmember Wachter asked if there was a specific location under consideration for the light-rail transit hub. City Administrator Hedges replied that there was no specific location selected at this time. Councilmember Wachter asked about the timeframe for the planning process for the light-rail transit system. City Administrator Hedges said that information was currently unavailable. Mayor Egan expressed support for the resolution, stating that he was impressed by the presentation done at the Rotary meeting by Dakota County Commissioner Bataglia and County staff member Moratzka. Councilmember Blomquist notified the public that the committee would be looking for an interested resident to serve on the planning committee and those who are interested should contact City Hall. City Administrator Hedges further stated that the committee would also consist of an Eagan business owner. 0(1257 In regard to Item V. Approve Change Order, Aquatic Facility pool slides, Councilmember Wachter asked for information about the percentage of treatment in the wood to be used for the slides. Director of Parks and Recreation Vraa stated that he did not have the specifications about treated wood at this time. Councilmember Blomquist abstained. In regard to Item E. Final Subdivision and Final Planned Development, Parks Real Estate for Prairie Oaks, City Administrator Hedges commented that Mr. Chris Moarn was in the audience and had requested to speak. Mr. Moarn informed the Council that he was trying to address water quality issues pertaining to his proposal, but that he needed more time to do that and asked the City of Eagan to hold his check for 90 days while he worked on the water quality issues. Mayor Egan asked Director of Public Works Colbert for the staff recommendation on this matter. Director of Public Works Colbert stated that these issues are addressed in contracts and if something needs to be changed, it is done in the form of an amendment. Director of Public Work s Colbert further stated that the staff recommended the Council not hold the check, but invite Mr. Moarn back if amendments were necessary in the future. City Attorney Sheldon stated that without cashing the $7,000 check, the City of Eagan doesn't have an agreement with Mr. Moarn and expressed concern about the vulnerable position of the City if the problem is not cleared up in the said 90 days. Mayor Egan agreed that the City should not hold the check. In regard to Item L. Project 743, receive feasibili report/order public hearing (Towerview Rd./ Lemay Lake - Utilities), Director of Public Works Colbert apologized for being unable to complete the feasibility report in time for the Council packet and recommended scheduling the public hearing for September 1, 1998. In regard to Items D. Approve a resolution declaring intent to issue bonds to finance Aquatic Facili , S. Consolidation of Aquatic Facility bids, T. Approve plans & specifications and authorize ad for bids (Aquatic Facility bathhouse), and V. Approve Change Order, Aquatic Facility pool slides, Councilmember Masin stated that she would vote aye on these items, but wished to comment on her vote. Councilmember Masin acknowledged her previous abstentions on this Aquatic Facility issue and referred to comments she has received inferring that she was opposed to the concept of the pool; she negated those comments and asserted that she has worked hard to get more recreational facilities in Eagan. She stated that the process for developing the pool has been unprofessional and left a lot to be desired considering the first neighborhood meeting had been held after the contracts had been awarded. Mayor Egan interjected, saying that the grandstanding by Councilmember Masin was outrageous and unacceptable. Councilmember Masin replied that the City Council was always taking the shortcut on this issue and hasn't paid attention to the issues she wanted to address. Mayor Egan disagreed and noted the two Minutes of the Regular City Council Meeting on July 21, 1998 page 5 lengthy informational meetings held in March and stated that they had been offering to meet for months and that this past week was the first time the members of the Windcrest Neighborhood Association had accepted. Councilmember Masin and Mayor Egan turned to City Administrator Hedges for clarification; City Administrator Hedges confirmed the two informational meetings in March and stated that the neighborhood meeting on July 14, 1998 had been the first meeting only with the neighbors to the facility. Councilmember Masin stated that the members of the Council who have insulted and offended the residents of the Windcrest neighborhood should apologize. A. Personnel Items Item 1. It was recommended to approve the hiring of Sonya Rippe as the Sports Program Supervisor. Item 2. It was recommended to approve the hiring of Kevin Weber as a part-time seasonal skate guard for the civic arena. Item 3. It was recommended to approve the hiring of Joshua Austad, Patty Brown-Jaros and Christina Vadis as part-time seasonal skating school coaches at the civic arena. Item 4. It was recommended to approve the hiring of Mark James and Peter Thaldorf as part-time seasonal basketball referees for the summer season. Item 5. It was recommended to approve a consulting contract between the City of Eagan and Jon Hohenstein to provide consultant services to the City of Eagan in the areas of Airport Relations Commission support, MASAC participation and related policy matters. Item 6. It was recommended to approve the new job description and time spent profile for the Assistant City Administrator position and to approve the title change of Assistant to the City Administrator/ Director of Human Resources to Assistant City Administrator/ Director of Human Resources. Item 7. It was recommended to accept the letter of resignation from Pamela Giles, Police Dispatcher. OOIv8 B. Exemption from Lawful Gambling License for Life Span Behavioral Health Services to conduct a raffle 98-57 on Au ,gust 17 at 3459 Washington Drive, Eagan. It was recommended to approve an exemption from the lawful gambling requirement for Life Span Behavioral Health Services for a raffle to be held on August 17, 1998 at their office located at 3459 Washington Drive, Eagan. C. Approve a resolution calling for a public hearing to refund Allina Health System revenue obligations. 98-58 It was recommended to approve a resolution calling for a public hearing to refund Allina Health System revenue obligations. D. Approve a resolution declaring intent to issue bonds to finance Aquatic Facility. It was recommended 98-59 to approve a resolution declaring intent to issue bonds to finance the Aquatic Facility. (Councilmember Blomquist abstained.) E. Final Subdivision and Final Planned Development, Parks Real Estate for Prairie Oaks. It was 98-60 recommended to approve the Final Planned Development for two office buildings to be located on the east side of Slater Road, south of Cliff Road in the NW 1/4 of Section 31 and to approve the Final Subdivision (Prairie Oaks Addition) consisting of two lots and one outlot located on the east side of Slater Road, south of Cliff Road in the NW 1/4 of Section 31. F. Stipulation, an attempt to settle lawsuit, Bieter v. City of Eagan. It was recommended to approve the Stipulation. (Councilmember Blomquist abstained) Minutes of the Regular City Council Meeting on July 21, 1998 page 6 00259 G. Contract 98-10, receive bids/award contract, Thomas Lake (Storm Sewer - Weir Outlet). It was recommended to receive the bids for Contract 98-10 (Thomas Lake Storm Sewer - Weir Outlet), award the contract to the lowest responsible bidder, and authorize the Mayor and City Clerk to execute all related documents. H. Project 745, receive feasibili, report/authorize public hearing (Blue Gentian Road - Streets & Utilities). It was recommended to receive the feasibility report for Project 745 (Blue Gentian Road - Streets and Utilities) and schedule a public hearing for August 18,1998. I. Project 746, receive feasibility report/ authorize public hearing (Blue Water Road - Streets & Utilities). It was recommended to receive the feasibility report for Project 746 (Blue Water Road - Streets & Utilities) and schedule a public hearing for August 18,1998. J. Project 688, receive final assessment roll/order public hearing (Eagandale Corporate Center - Streets & Utilities). It was recommended to receive the final assessment roll for Project 688 (Eagandale Corporate Center - Streets & Utilities) and schedule a public hearing for August 18, 1998. K. Project 673R, receive final assessment roll/ order public hearing (Red Pine Lane - Streets & Utilities). It was recommended to receive the final assessment roll for Project 673R (Red Pine Lane - Streets & Utilities) and schedule a public hearing for August 18, 1998. L. Project 743, receive feasibility report/order public hearing (Towerview Rd./Lemay Lake - Utilities). It was recommended to draft the feasibility report for Project 743 (Towerview Road/Lemay Lake - Utility Improvements), and schedule a public hearing to be held on September 1, 1998. M. Approve resolution - Cliff Road parking restriction (Driver's Examination Facility). It was 98-61 recommended to approve a resolution requesting Dakota County to permit on-street parking during a limited time on the south side of Cliff Road (County State Aid Highway 32) from Nicols Rd. to Park Center Dr. N. Contract 98-20, receive bids/award contract (Aquatic Facility - Parking of Lighting). It was recommended to receive the bids for Contract 98-20 (Aquatic Facility - Parking Lot Lighting), award the contract to the lowest responsible bidder, and authorize the Mayor and City Clerk to execute all related documents. (Councilmember Blomquist opposed) 0. Project 668, approve acquisition of property for ponding (Lone Oak Rd. - Up rg ade). It was recommended to approve the acquisition of Lot 1, Block 1 Burrows Addition for storm water ponding in conjunction with Project 668 (Lone Oak Road - Upgrade), and authorize the Mayor and City Clerk to execute all related documents. P. Contract 96-FF, approve amendment to development contract (Whispering Woods 11th Add. - Time Extension). It was recommended to approve an amendment to the Development Contract Agreement for the Whispering Woods 11th Addition for an extension in completion dates for the street surfacing. Q. Contract 98-06, approve plans/authorize ad for bids (Town Centre 100 - Sidewalk). It was recommended to approve the plans and specifications for Contract 98-06 (Town Centre 100 - Sidewalk), and schedule a bid opening to be held at 10:30 a.m. on August 13,1998. R. Award soft drink vending contract. It was recommended to award a soft drink beverage contract to Midwest Coca Cola. S. Consolidation of Aquatic Facility bids. It was recommended to approve the consolidation of bid packages one and two for the Aquatic Facility into one contract under RJM and to amend the contract amount to $2,334,550. (Councilmember Blomquist abstained) 002 -0 Minutes of the Regular City Council Meeting on July 21, 1998 page 7 T. Approve plans & specifications and authorize ad for bids (Aquatic Facility bathhouse). It was recommended to approve the plans and specifications for the bathhouse, admissions and mechanical buildings and authorize the advertisement for bids, Eagan Aquatic Facility. U. Resolution to consider light rail transit hub. It was recommended to approve a resolution that 98-62 expresses interest in and support for further planning of a light rail transit hub at the junction of Highway 77 and Trunk Highway 13 to serve the residents and businesses of Dakota County. V. Approve Change Order, Aquatic Facility pool slides. It was recommended to approve a change to the contract with Pro Slides for the Aquatic Facility to accept the steel/ wood alternative which results in a reduction to the contract of $36,000. (Councilmember Blomquist abstained) W. Contract 96-0, Kingswood Pond 1st Addition (Amendment to Development Contract). It was recommended to approve an amendment to the Development Contract Agreement for the Kingswood Ponds 1st Addition for an extension in completion dates for the street surfacing. X. APPROVE federal grant application in the amount of $18,717 to assist with the purchase of in-squad cameras. It was recommended to approve submission of a federal grant application in the amount of $18,717 to assist with the purchase of in-squad cameras. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 OLD BUSINESS RECONSIDER, DESIGNATION OF OFFICIAL MAP 669-1, DENMARK AVENUE City Administrator Hedges provided an overview on this item, stating that this is not the consideration of a new mapping, but would be a motion to rescind previous council action, upon which staff work with the USPS to prepare a revised alignment. Director of Public Works Colbert gave a staff report, showing the Council the potential change to a frontage road along I-35E and stating that the United States Postal Service was unwilling to agree to the previously mapped alignment. Councilmember Wachter asked why the official mapping would be continued until October 20,1998. Director of Public Works Colbert stated that October 20 was the date the Council had agreed upon for continuing this matter at a previous meeting. Councilmember Wachter asked why the Council would not consider this before October 20 if this proposal doesn't impact the proposal for the other portion of the ring-road. Director of Public Works Colbert stated that it is uncertain how much time the United States Postal Service will need to process and approve a revised alignment. City Administrator Hedges suggested that staff work with the USPS to project possible future expansions of their site to ensure adequate planning. Councilmember Masin asked if we had a binding agreement with USPS. Director of Public Works Colbert responded that the agreement 2 1/2 years ago had been informal and since that time, USPS has reviewed their situation. He further stated that a formal agreement would be reached this time. Councilmember Blomquist stated that a representative of the property owners to the south of this plan was present and introduced Mr. Peter Coyle. Mr. Coyle addressed the Council, formally stating his clients' opposition to the decision being made, stating that this particular decision did affect his clients' property due to the potential need for future setback variances Councilmember Wachter moved, Councilmember Awada seconded a motion to rescind previous approval of Official Map 669-1 (Denmark Avenue Extended) and direct staff to approve a revised alignment in concurrence with the United States Postal Service for reconsideration on October 20,1998. Aye: 5 Nay: 0 Minutes of the Regular City Council Meeting on July 21, 1998 page 8 REZONING, PRELIMINARY SUBDIVISION & PRELIMINARY PLANNED DEVELOPMENT THE HOME DEPOT City Administrator Hedges provided an overview on this item, stating that the Council had reviewed the specific proposal in its entirety at the June 16, 1998 meeting. Councilmember Masin stated that she was concerned this building would detract from the aesthetics of the Promenade area in the same way Wal-Mart has detracted from the Town Centre area. Mayor Egan stated that he wished they could push back the development until after some hotels and office buildings had been proposed and built, but that those opportunities are currently unavailable and recognized the significant concessions made by Home Depot, Inc. in their efforts to move to Eagan. Councilmember Wachter stated that the new road alignment along the highway made sense. 00261 Councilmember Wachter moved, Councilmember Blomquist seconded a motion to approve a Preliminary Subdivision (Lexington Second Addition) to create four lots on approximately 59 acres generally located west of Lexington Avenue and north of Northwood Parkway, south of the U.S.P.S. Bulk Mail Center subject to the following conditions: Standard Conditions The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3,1993: B1, B2, B3, B4, C1, C2, C3, C4, D1, and El. 2. Lots 2 and 3, Block 1 shall be labeled as outlots on the final plat. The property shall be platted. Landscaping The landscape plan shall be revised to graphically to indicate all trees that are designated to satisfy tree mitigation requirements as well as list them on the legend. Screening on the east side of the parking lot shall be enhanced because the adjacent wetland provides open views of the parking lot from Northwood Parkway. 6. Shrub materials shall be added to the perimeter landscaping to provide screening and height variety. Grading Two to three foot high landscape burms shall be provided within the parking areas along Denmark Avenue. 8. The grading plan shall be revised to show erosion control measures in accordance with City standards and such measures shall be installed and maintained by the developer. Storm Drainage 9. The storm sewer system shall be designed to accommodate storm water runoff from proposed Denmark Avenue right-of-way. Minutes of the Regular City Council Meeting on July 21, 1998 page 9 Water Quality € 0262 10. The developer shall meet water quality mitigation requirements entirely through on-site ponding. The pond shall have a minimum wet volume of 2.3 acre-feet and shall meet the City's Detention Based Design Standards. Wetlands 11. Wetland Mitigation shall occur in conformance with the approved wetland mitigation plan dated April 29,1998. a. All wetland mitigation areas shall be topdressed with upland soil suitable as a hydric soil replacement. The minimum thickness for upland topsoil used as topdressing in the wetland mitigation areas shall be one (1) foot. This condition must be noted on the final grading plan that will be used for construction for the wetland replacement features. 12. The upland buffer around the remaining jurisdictional wetland (Pond DP-6.2) shall be extended a minimum distance of 30 feet back from the delineated edge of the wetland. The parking shall be reduced by 5-10% with the removal proposed on the eastern portion of the site to allow for the 30-foot wetland buffer. Utilities 13. A 12-inch water main shall be extended to the north within proposed Denmark Avenue in accordance with the City Water supply and Distribution Plan (adopted in 1996). Water main service shall be extended to the west to serve future development of Parcel 010-57. 14. A road for city maintenance access shall be provided to all proposed sanitary sewer manholes within Lot 3. The road shall be constructed and surfaced such that it is capable of supporting City utility maintenance equipment. The developer shall provide on the final utility plan the specifications for constructions and surfacing of the road, subject to the review and approval of the City Engineering Department. 15. Drainage and utility easement shall be dedicated over all public sanitary sewer within the development to a width equal to two times the depth of the pipe. Access/Street Design 16. This development proposal shall be approved as submitted with the alignment of Denmark Avenue at the very west edge of the site, as shown on the preliminary site plan. Easements / Rights-of-Way/ Permits 17. Existing Easements obtained as part of public improvement projects in the area shall be maintained on the final plat for this subdivision. 18. Sufficient rights-of-way and easement on all lots as outlined in the standard conditions shall be dedicated or maintained with the final plat for this subdivision. Tree Preservation 19. The applicant shall install sixteen (16) Category B mitigation trees, (or an equivalent combination of Category A or Category C trees). These 16 mitigation trees are in addition to any City of Eagan landscape requirements. Minutes of the Regular City Council Meeting on July 21, 1998 page 10 20. Prior to issuance of a grading permit, a revised tree inventory and preservation plan will need to be submitted to include the areas outside Lot 1, Block 1 to be excavated for utilities. The tree preservation plan shall satisfy the requirements of the City's Tree Preservation ordinance, and the plan is subject to review and approval by the City Forester. 21. Tree Protective Measures (i.e. orange fabric sit fence or 4-foot polyethylene laminate safety netting) shall be installed at the perimeter of the Critical Root Zone of significant trees/ woodlands to be preserved. No grade change, construction activity, or storage of materials shall occur within this fenced area. 00263 22. The applicant shall contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. Parks and Recreation 23. In lieu of a cash trails dedication for Lot 1, Block 1, the developer shall install at their expense a six-foot concrete sidewalk on the west side of Denmark Avenue. The remaining lots will be subject to a cash trails dedication and all lots will be responsible for a cash parks dedication. Aye: 5 Nay: 0 Councilmember Wachter moved, Councilmember Blomquist seconded a motion to approve a Preliminary Planned Development for a Home Depot retail store on approximately 18 acres proposed as Lot 1, Block 1, Lexington Second Addition subject to the following conditions: 1. The Developer shall enter into a Preliminary Planned Development Agreement with the City. The Agreement shall be recorded against the property and shall include the following exhibits: Preliminary Site Plan Preliminary Building Elevations Preliminary Signage Plan Preliminary Landscape Plan Preliminary Site Lighting Plan 2. Upon submission of the Final Planned Development, provided the final development plans are consistent with the approved Preliminary Planned Development, a Final Planned Development Agreement shall be executed and the Final Planned Development can proceed to Council for approval. The Final Planned Development Agreement shall include the following exhibits and the developer shall submit samples of the building materials with the Final Planned Development. Final Site Plan Final Building Elevations Final Signage Plan Final Landscape Plan Final Site Lighting Plan Site Plan The site plan shall be revised to show the dimensions of all proposed setbacks. OO2 4 Minutes of the Regular City Council Meeting on July 21, 1998 page 1 1 4. Screening of the loading area shall be provided by a matching brick wall as an extension of the building instead of a chain link fence with slats. The screening wall shall be of sufficient height to screen the trucks and compactor. 5. The enclosures for recyclables, pallets and propane and for large equipment shall be roofed. The enclosures shall be made of brick to match the principal building and shall contain a screening gate or door consistent with City Code requirements. 6. The developer shall identify on the site plan what large equipment will be stored within the "large equipment enclosure." 7. All recyclables, pallets and propane shall be stored within a brick enclosure on the north side of the building as identified on the approved Site Plan, or inside the principal building. No other items may be stored within this enclosure. 8. All shopping cart storage shall be within the building or entry vestibule. No shopping carts shall be stored outside. Setbacks The "large equipment" storage at the southeast corner of the building shall be relocated to satisfy principal building setbacks typical in a CSC district. The developer shall identify what large equipment will be stored within this enclosure. Building Desk/ Architecture 10. The brick and masonry panels should be of a color compatible with those used in the Eagan Promenade in-line center. The developer shall submit samples of the building materials with the Final Planned Development. 11. Color pigmentation shall be integrated into the precast masonry panels, not applied to the surface. Rooftop Equipment/ Public Address System 12. All rooftop equipment shall be screened from view. 13. An outdoor public address/ intercom system shall be allowed only in the garden center area and shall not be audible from adjoining properties. Parking 14. If the City determines that the additional parking is necessary, the owner shall install at their expense the proof of parking areas according to the approved site plan. These proof of parking stalls, if installed, shall be designated for employee parking. Outdoor Storage, Sales and Display 16. The developer shall be.more specific in defining the types of items to be stocked and sold in the outdoor garden center, the seasonal outdoor sales area and the outside display. areas. 17. Per the revised garden center elevations dated 6/6/98, the front portion and first two sections of the side of the permanent garden center enclosure shall not exceed a height of 13 feet; the remainder of the enclosure shall not exceed 20 feet in height. The enclosure shall contain a minimum four foot high brick wall to match the building, with decorative Minutes of the Regular City Council Meeting on July 21, 1998 page 12 wrought iron fencing above the brick pillars between sections of iron fence. The rear of the enclosure may be black vinyl coated chain link fencing. 18. Items within the garden center and the seasonal sales area shall not be higher than the height of the enclosure. 19. The fence enclosing the seasonal sales area shall not exceed the six-foot maximum height allowed by City Code. Use of the seasonal sales area may occur only for a duration of 90 days between mid-April and mid-July each year. Operation of the seasonal sales area shall be subject to compliance with all requirements in the City Code for temporary outdoor events and seasonal outdoor sales. 20. Outside displays and seasonal sales shall not exceed a duration of 90 days per year. Outside display shall be limited to three areas, each up to sixty (60) square feet in area, in conjunction with the seasonal sales area east of the building. Outside display areas shall be noted on the Final Site Plan. Outside display shall not obstruct pedestrian walkways. Signage 21. A single pylon sign is permitted at the southwest corner of the site and shall meet City Sign Code requirements for size, height and setbacks. 22. All signage shall be consistent with the approved Sign Plans dated April 1998. Site Lighting 23. The free-standing light fixtures shall be 40 feet and the lighting plan shall be revised to include a detail of the free-standing lights. Lighting shall not be directed upon public rights-of-way or adjacent properties, and such lighting shall be indirect and diffused. Aye: 5 Nay: 0 Councilmember Wachter asked about the issues pertaining to the neighboring property owners. Director of Public Works Colbert stated that the consolidation of several properties would have made for a larger potential development. Mayor Egan said that the Council should be aware of the concessions these property owners are making at this time and keep in mind the value of the road. NEW BUSINESS REQUEST FOR FUNDING BY EAGAN HISTORICAL SOCIETY FOR A BROCHURE IDENTIFYING HISTORICAL PLACES IN EAGAN City Administrator Hedges provided an overview on this item, stating that the Eagan Historical Society was providing this service free of charge and they are only requesting $3,200 for the cost of printing the brochures. Councilmember Blomquist informed the Council that the reprinting of the history book of Eagan was generously donated by West Group. Councilmember Blomquist moved, Councilmember Wachter seconded a motion to fund the costs of printing for the Historical Society brochure in the amount of $3,200. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION, VARIANCE & CONDITIONAL USE PERMITS KWIK TRIP EAGAN ADDITION ®02G5 City Administrator Hedges provided an overview on this item, stating that the Advisory Planning Commission recommends denial of the truck stop and the motor fuel sales. Senior Planner Ridley gave a staff report, highlighting two issues: first, whether this is an appropriate use for I-1 zoning Minutes of the Regular City Council Meeting on July 21, 1998 page 13 002G6 and second, consider access to Highway 149 and the staff recommendation to have no access to 149 and dedicate public right-of-way over "Borchert-Ingersoll" road to the south of the development. Irrespective of Council action on this development proposalSenior Planner Ridley suggested the Council direct staff to prepare a Code amendment to provide a definition of truck stop. Senior Planner Ridley further stated that staff has met with all involved parties and this plan is apparently acceptable to MnDOT, Starks and DART Transit and suggested amending Condition 9. Mr. Scott Teigan of Kwik Trip confirmed that all stakeholders had reached consensus on the access issue, including DART Transit. Mr. Teigan also gave a brief review of the history of Kwik Trip. Mr. Teigan further stated that it is the preference of DART Transit to maintain the road to the south of the development as a private road, emphasizing the point that DART Transit owns the land south of the road for another 300 feet. Mayor Egan asked for clarification of who currently owns the right of way on the frontage road. Mr. Teigan responded that MnDOT owns that right of way and that DART Transit owns the private road. Councilmember Blomquist moved, Councilmember Awada seconded a motion to approve a Preliminary Subdivision (Kwik Trip Eagan Addition) to create one lot and one outlot on approximately 10 acres with a Variance to create a parcel with less than the required public street frontage, located south of Starks restaurant, abutting the west side of Highway 149 in the NW 1/4 of Section 12 subject to the following conditions: (following discussion at Round Table, the motion was amended to delete approval of the variance request) Standard 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, C1, C2, C4, D1 and El 2. The property shall be platted. Parkig Parking shall be provided in the amount to meet minimum City Code standards and the developer shall submit additional information necessary to demonstrate compliance with Code requirements prior to final subdivision approval. Landscaping The preliminary landscape plan shall be revised to identify 14 Category B trees as tree mitigation, but the total number of trees on the final landscape plan shall not be reduced from the amount shown on the preliminary plan. Gradin 5. Prior to any grading and prior to final subdivision approval, the applicant must submit documentation to the City establishing the applicant's right to develop this portion of the property along with the balance of the site. 6. Erosion control measures in accordance with City standards shall be installed and maintained as part of this development. Minutes of the Regular City Council Meeting on July 21, 1998 page 14 00 X67 Water Quality 7. Water quality mitigation requirements shall be met entirely through on-site ponding. The pond design shall comply with the City's Standards for Detention Basin Design and a skimmer of acceptable design to the City shall be installed on the pond outlet. Streets / Access/ Circulation 8. The "Borchert-Ingersoll" street along the south edge of the development shall be dedicated as a public street with appropriate right-of-way. This development shall construct a temporary cul-de-sac turnaround to City standards (with public easement) at the west end of the street improvements, to be removed at the time of future street extension to the west with the development of Outlot A. Access to the development shall not be allowed onto Hwy. 149, except in the location of the Borchert-Ingersoll road. If acceptable access consolidation onto Hwy. 149 involving Starks, DART Transit and Kwik Trip can be achieved and is acceptable to MnDOT, this condition will not apply. Easements / Rights-of-Way Permits 10. The developer shall obtain MnDOT permit approval for any grading activities within Highway 149 right-of-way. 11. The developer shall obtain MnDOT permit approval for "Borchert-Ingersoll" road access onto Highway 149. The developer shall be responsible for the construction of all the necessary improvements to Highway 149 as required by MnDOT as conditions of permit approval. Tree Preservation 12. The developer shall install 14 Category B trees as mitigation for significant tree removal in excess of allowable limits. 13. A revised tree preservation plan should be submitted for review and approval by the City Forester prior to final subdivision approval. 14. Tree Protective measures (i.e. 4-foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 15. The applicant shall contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. Parks and Recreation 16. This development shall be responsible for a cash parks dedication and a cash trails dedication. Aye: 5 Nay: 0 Councilmember Wachter asked that MnDOT be alerted to potential traffic problems on Highways 149 and 55. Minutes of the Regular City Council Meeting on July 21, 1998 page 15 Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve a Conditional Use Permit to allow a truck stop on proposed Lot 1, Block 1, Kwik Trip Eagan Addition subject to.the following condition: The pavement at the car wash exit shall be heated to prevent ice buildup. Aye: 5 Nay: 0 Councilmember Blomquist moved, Councilmember Awada seconded a motion to approve a Conditional Use Permit to allow motor fuel sales on proposed Lot 1, Block 1, Kwik Trip Eagan Addition subject to the following condition: There shall be no outdoor storage or display of goods offered for sale. Aye: 5 Nay: 0 Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve a Conditional Use Permit to allow a pylon sign on proposed Lot 1, Block 1, Kwik Trip Eagan Addition subject to the following conditions: A sign permit must be obtained before the pylon sign is installed. Prior to issuance of the sign permit, a survey shall be submitted confirming that the 300-foot spacing requirement from other pylon signs is met. 2. The sign design should be revised so that the total sign area does not exceed 125 sq. ft. per side. Aye: 5 Nay: 0 LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS REVIEW OF DAKOTA COUNTY'S DRAFT COMPREHENSIVE TRANSPORTATION PLAN City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report, highlighting the areas of the plan which most pertain to the City of Eagan; he asked for feedback on the plan which he will communicate to the County in subsequent meetings. Mayor Egan expressed gratitude to Director of Public Works Colbert for the concise format of the presentation of this material in the packet. Councilmember Masin expressed concern about any proposal to expand Pilot Knob Road to 8 lanes; her comment was met with consensus by the Council. Director of Public Works Colbert mentioned that the County knows the traffic must go somewhere. Councilmember Blomquist suggested looking at other north-south roads like Lexington to absorb some of the traffic. Mayor Egan concurred that other alternates must be sought and commented on the seeming reversal of policy to return 149 to County jurisdiction; he further stated that 149 should remain a state highway south of Highway 55, regardless of the jurisdiction north of Highway 55. He expressed the general sentiment that the expansions in Eagan must be realistic. Councilmember Blomquist further expressed her desire to not have to tell any of the neighbors of Pilot Knob Road that their land impacted by further road expansion. Councilmember Wachter thought the County should consider using Cliff Road to expand and connect with Washington County; his comment was met with consensus from the Council. Mayor Egan stated that the potential for the ring-road to alleviate some traffic problems was appealing, but he is still uncertain how it will all work; he further expressed that he would like to see traffic stay off residential streets as much as possible. OO2GFi Minutes of the Regular City Council Meeting on July 21, 1998 page 16 00269 Councilmember Wachter asked if there was anything in the proposed plan to expand the Cedar Avenue bridge. Director of Public Works Colbert stated that the County was aware of the sluggish traffic at the bridge, but he did not recall any proposed plan. Councilmember Blomquist expressed concern about the ring-road's detrimental effects on Mr. Larry Wenzel's property and asked if it would be possible to ameliorate those effects. Director of Public Works Colbert identified the complexity of balancing the needs of the community at large with the impacts to individual property owners. ADMINISTRATIVE AGENDA TEEN CENTER PROPOSAL City Administrator Hedges provided an overview on this item, asking the Council to select a date and time to review the Teen Center proposal. Counci.lmember Masin stated that she thought this matter would be reviewed at this meeting. City Administrator Hedges confirmed the general sentiments of the other councilmembers, stating that there had been no date set to review this item. Councilmember Wachter moved, Councilmember Masin seconded a motion to discuss the Teen Center Proposal at an August 4,1998 Workshop at 5:00 p.m. Aye: 5 Nay: 0 Councilmember Masin asked if there had been any follow up correspondence with the Parks Commission, stating that typically when a proposal is rejected, the commission is informed of the decision and how it had been reached. City Administrator Hedges explained that the Council was still considering the proposal, so there was no need at this point for that type of correspondence. ROUND TABLE Senior Planner Ridley asked for clarification on whether the Council was dedicating a public right of way at the Kwik Trip development location. After brief discussion, Councilmember Blomquist dropped the variance out of her previous motion. Senior Planner Ridley confirmed that Kwik Trip would be informed of that change. Director of Public Works Colbert inquired if the Council still wished to receive the feasibility reports prior to the scheduled public hearing. The Council expressed the desire to continue receiving the reports ahead of time due to potential interaction with citizens on public improvement issues. City Administrator Hedges informed the Council that National Night Out will occur during their next regular Council meeting and reported that the City's Crime Watch program would be involved in the collaborative efforts of the City for this event. City Administrator Hedges also reported that he was reviewing proposals with Senior Planner Ridley for the Cedarvale area; RFPs will be going out soon. Councilmember Wachter asked if they were considering the light-rail transit hub in the plans. City Administrator Hedges stated that the hub would be a future development and that it could be a significant economic development asset. Councilmember Wachter asked Senior Planner Ridley about the agreement with the Murphy Farm to keep their equipment in their building. Senior Planner Ridley stated that he has been unable to find any formal agreement on that matter. Councilmember Wachter restated that there was an agreement. Senior Planner Ridley said he would continue to look for it. Councilmember Wachter informed the Council that he has received complaints about the Hockey sign by the City of Eagan board on the Municipal Campus. City Administrator Hedges stated that the sign raises questions about what the City Council will allow on that property and said staff will keep an eye on the sign. Councilmember Awada asked what is being planned for the groundbreaking ceremony for the Family Aquatic Pool Facility. City Administrator Hedges responded, stating that he had discussed it briefly with Director of Parks and Recreation Vraa and they had thought the City might combine the Minutes of the Regular City Council Meeting on July 21, 1998 page 17 00270 grand opening of the second sheet of ice with the groundbreaking ceremony for the pool on September 13, 1998. City Administrator Hedges said that decision was up to the Council, but that there will certainly be a grand opening celebration when the pool is opened for use. Councilmember Masin suggested and Councilmember Awada supported a barbeque for the groundbreaking ceremony. Director of Public Works Colbert reminded the Council that Eagan 's 25-year birthday is next year; City Administrator Hedges said that planning is underway for that celebration and it may be combined with the pool grand opening. Mayor Egan and Councilmember Wachter expressed support for the groundbreaking ceremony idea. City Administrator Hedges stated that staff would need further direction from the Council about this ceremony. Mayor Egan reported that he is looking forward to a positive and fruitful NOISE conference in Denver, Colorado. Councilmember Masin raised concerns about the aftereffects of the May 30 storm, stating that she had talked to a couple residents who were particularly hard hit and asked if it would be possible for the City to still accommodate their needs. City Administrator Hedges expressed empathy with the suffering citizens, but stated that an amendment to the Council's policy would have been necessary. He said that for most citizens, the deadline set by the Council was reasonable and that once exceptions are made, it is very difficult to know where to draw the line. Councilmember Masin stated that she thought if the City knew of the hardship ahead of time that they could have been put on a list to extend the deadline. She relayed a conversation with another citizen who still had trees down that may begin to be infested with disease and again asked for the City to make an exception in this case and assign the City Forester to help these residents. City Administrator Hedges said that staff could review these matters, but needed authorization and direction from the Council. Director of Public Works Colbert stated that this is really a policy question for the Council about how much clean-up should be done by the City on private property and further stated that the City has been accused previously of competing with private firms. Councilmember Awada expressed agreement with Director of Public Works Colbert's comments. Councilmember Masin repeated that this citizen had a lot to take care of and that she couldn't understand why the City couldn't make an exception and have just a few people on the list to receive help after the deadline. Councilmember Blomquist thanked the Council and Staff for the card during her illness. She expressed concern about the development proposal near the Curry land; she stated that the City owes the neighbors of that development a buffer to mitigate negative effects of the zoning transition. She further stated that she has been working with the neighbors on this issue already. City Administrator Hedges stated that because this was a planned development, the City has more flexibility about how to make that transition happen. Councilmember Awada asked for clarification from Councilmember Blomquist about whether she meant a zoning buffer or a physical buffer. Councilmember Blomquist responded that any kind of buffer would be better than no buffer. CHECK REGISTER Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register dated July 16, 1998 in the amount of $1,950,547.83 Aye: 5 Nay: 0 ADJOURNMENT The meeting adjourned at 9:13 p.m. July 21, 1998 Date AH City Clerk Minutes of the Regular City Council Meeting on July 21, 1998 page 18 002171 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.