08/04/1998 - City Council RegularMinutes of the Regular City Council Meeting, August 4, 1998 page 1
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL 00' 283
Eagan, Minnesota
August 4, 1998
A regular meeting of the Eagan City Council was held on Tuesday, August 4, 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.
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Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve the
agenda as presented. Aye: 5 Nay: 0
MINUTE F THE ?,Y 21*.1 REG LA t MEE'IINC
Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve the
minutes with the change in the last sentence of the paragraph concluding at the top of page 5 to read
"Councilmember Masin stated that the members of the Council who have insulted and offended the residents of the
Windcrest neighborhood should apologize," and with the first sentence of the third paragraph on page 4 to
read "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." Aye: 5 Nay: 0
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DEPARTMENT HEAD BUSIN E S5
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REQUEST TO COMPLETE CIVIC ARENA TEAM ROOM
City Administrator Hedges provided an overview on this item. He explained the agreement the
City reached with the Eagan Hockey Boosters to complete the room through a combination of
fundraising efforts and sweat equity.
Councilmember Masin moved, Councilmember Blomquist seconded a motion to approve a
request by the Eagan High School Hockey Booster Club to complete the civic arena team room. Aye: 5
Nay: 0
REVIEW PROPOSAL FOR USE OF CIVIC ARENA MEZZANINE FOR TEEN ROOM
City Administrator Hedges provided an overview on this item. He explained to the audience
that this had been discussed at the Special City Council Meeting prior to the Regular meeting; this
matter requires further research by staff and will be on a future agenda after several different scenarios
have been generated for consideration.
Councilmember Masin moved, Councilmember Awada seconded a motion to direct staff to do
further research and provide possible scenarios for consideration. Aye: 5 Nay: 0
RECOGNITION OF NEW VOLUNTEER FIREFIGHTERS
City Administrator Hedges provided an overview on this item. Fire Chief Jensen acknowledged
Pat Trembley, Joe Werden, Steve Plaschko, and Jon Stevenson and presented Pat Trembley and Joe
Werden with their badges. The Mayor and Council applauded their acceptance and their commendable
service to the community.
CONSENT AGENDA
Minutes of the Regular City Council Meeting, August 4, 1998 page 2
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In regard to Item C., Resolution approving special legislation authorizing additional on-sale
intoxicating liquor licenses Councilmember Blomquist stated that she is voting against this because she
is not in favor of the increase.
In regard to Item D., Contract 98-22, receive bids/award contract,lubilation Addition (Utilities),
Director of Public Works Colbert stated that this is not an assessable project because it benefits Inver
Grove Heights and is covered under the terms of the Joint Powers Agreement. He stated that Inver
Grove Heights has requested a continuance on this for 2 weeks due to the increased cost.
In regard to Item E., Contract 98-17, receive bids/award contract, Country Home Heights
Streets Councilmember Blomquist stated that she is voting against this project due to the initial cost of
the project to the City. Mayor Egan commented that this is a significant increase in cost and a
substantial change in the scope of the project. Director of Public Works Colbert commented on the
higher unit costs due to the timeline and stated that after review, the department had realized those
costs weren't unreasonable. He stated six reasons for higher costs on this project; first, the increased
estimate of how much sod was needed; second, the cost of traffic control; third, the excessive amount of
common excavation which will be minimized by revised plans; fourth, the cost to investigate and verify
the elevation of the existing watermain; fifth, the required manhole adjustment and sixth, the drainage
patterns which will be modified. Director of Public Works Colbert stated that it would be unlikely to
see better bids by re-bidding the project, but that the modifications should bring the costs down. Mayor
Egan commented on the disparity between the Engineer's estimate and the low bid, stating that this
seemed to be an evolving pattern. Director of Public Works Colbert responded that the feasibility report
estimates are done without field surveys and that the detailed plans revealed more needs than were
anticipated at the time of the feasibility report estimate.
In regard to Item H., Contract 98-09, approve change order, Valley View Plateau (Nicols Road -
Railroad Crossing), Councilmember Wachter asked how much the railroad tracks would be raised and
for what length beyond the intersection. Director of Public Works Colbert stated that the tracks would
be raised 4 inches at the intersection and further stated that it was uncertain how far this elevation
would be extended. He said that poor soils in the area created a drainage problem that impedes the
activities of the railroad.
In regard to Item M., Proclamation, observing August 4, 1998 as National Night Out,
Councilmember Masin asked Mayor Egan to read the proclamation to recognize the evening's events.
Mayor Egan read the proclamation.
A. Personnel Items
Item 1. It was recommended to approve the promotion of Sergeant Jim McDonald to the position of
Captain, effective at the time of resignation of Captain Jim Sewald.
Item 2. It was recommended to approve the hiring of Becky Schmid as the seasonal skating school
director.
Item 3. It was recommended to approve the hiring of Brad Eller as the temporary youth development
coordinator.
Item 4. It was recommended to approve the establishment of and advertising for an Arena Operations
and Pool Maintenance Worker position.
Item 5. It was recommended to approve the adjustment for the Assistant Civic Arena Manager position
for Time Spent Profile (TSP) points from 59 to 61 and for compensation from Exempt Range E to Exempt
Range F.
B. Approve response to Dakota County HRA Marice Manor senior living community tax exempt bonds
and payment in lieu of taxes. It was recommended to approve a response supporting the issuance by
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Minutes of the Regular City Council Meeting, August 4, 1998 page 3
Dakota County HRA of Marice Manor senior living community tax exempt bonds and including a
payment in lieu of taxes.
C. Resolution approving special legislation authorizing additional on-sale intoxicating liquor licenses. It 98-63
was recommended to approve the resolution approving special legislation authorizing additional on-
sale intoxicating liquor licenses. (Blomquist opposes)
D. Contract 98-22, receive bids/award contract, Jubilation Addition (Utilities). It was recommended to
receive the bids for Contract 98-22 (Jubilation Addition - Utility Improvements), and continue the
consideration of the contract award for two weeks.
E. Contract 98-17, receive bids/award contract, Country Home Heights (Streets). It was recommended
to receive the bids for Contract 98-17 (Country Home Heights - Street Improvements), award the
contract to Danner, Inc., for the base bid in the amount of $613,482.25, and authorize the Mayor and City
Clerk to execute all related documents. (Blomquist opposes)
F. Project 692, receive final assessment roll/schedule public hearing (Old Sibley Hwy. - Streets and
Sanitary Sewer). It was recommended to receive the final assessment roll for Project 692 (Old Sibley
Highway - Street and Utilities) and schedule a public hearing to be held on September 1, 1998.
G. Award contract for waste disposal. It was recommended to award the contract for waste disposal to
the successful low bidder.
H. Contract 98-09, approve change order, Valley View Plateau (Nicols Road - Railroad Crossing). It
was recommended to approve Change Order #1 to Contract 98-09 (Valley View Plateau - Nicols Road
Railroad Crossing Upgrade) and authorize the Mayor and City Clerk to execute all related documents.
I. Project 97-1I, amend development agreement (Kingswood Pond 2nd Addition). It was recommended
to approve an amendment to the Development Contract Agreement for the Kingswood Ponds 2nd
Addition (97-II) for an extension in completion dates for the street surfacing.
J. Approve the list of election judges for the Primary Election on September 15, 1998. It was
recommended to approve the list of election judges for the Primary Election on September 15, 1998 as
attached in Exhibit A.
K. Tobacco license for Minnesota Automated Retail Services to sell tobacco at the Holiday Inn Select. It
was recommended to approve a tobacco sales license for Minnesota Automated Retail Services to sell
tobacco at the Holiday Inn Select.
L. Construction /Demolition trash hauler license for Twin City Refuse. It was recommended to approve
a construction/ demolition debris hauling license for Twin City Refuse as presented.
M. Proclamation, observing August 4,1998 as National Night Out. It was recommended to approve a 98-64
proclamation observing August 4,1998 as National Night Out.
N. Sign Extension for a temporary sign for Promenade Oaks. It was recommended to approve an
extension through December 31, 1998 for the display of a temporary marketing sign adjacent to Yankee
Doodle Road for the Promenade Oaks development (Eagan Promenade 2nd Addition) located northwest
of the Yankee Doodle Road and Lexington Avenue intersection.
0. Comprehensive Guide Plan Amendment implementation for Lot 3, Block 1, Eagandale Corporate
Center. It was recommended to implement a Comprehensive Guide Plan Amendment changing the
existing It was recommended to implement a Comprehensive Guide Plan Amendment changing the
existing Land Use Guide Plan designation of a 7.8 acre parcel of land located east of Lexington Avenue
just north of Neil Armstrong Boulevard (Lot 3, Block 1, Eagandale Corporate Center) from Industrial
(IND) to Business Park (BP).
Minutes of the Regular City Council Meeting, August 4, 1998 page 4
P. Project 736, amend consultant work order (Grand Oak Business Park - Traffic Stuff). It was 06 28b
recommended to approve an amendment to Project 736 Work Order Contract (Grand Oak Business
Park) for the SRF Consulting Group, Inc. for an expanded scope of services in the amount of $2,500.
Q. Project 709R, amend consultant work order (Hwy. 13 Improvements). It was recommended to
approve an amendment to Project 709R Work Order Contract (Hwy. 13 Upgrade) for the SRF
Consulting Group, Inc., for an expanded scope of services in the amount of $76,600.
R. Exemption from lawful gambling license, Burnsville Rotary for a raffle to be held December 5,1998 98-65
at the Royal Cliff. It was recommended to approve an exemption from the lawful gambling license
requirement for the Burnsville Rotary for a raffle to be held on December 5, 1998 at the Royal Cliff
located at 2280 Cliff Road in Eagan.
S. Participation, Dakota County CDBG Program. It was recommended to continue participation in the
Dakota County CDBG Program.
Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the
consent agenda. Aye: 5 Nay: 0
ADfMINISTRA. E; AGENDA
SPECIAL CITY COUNCIL MEETING/AUGUST 25
City Administrator Hedges gave an overview of this item, informing the Council that this work
session would be primarily dedicated to reviewing the proposed 1999 General Fund Operating Budget.
He emphasized the importance of this meeting in order to answer questions before final approval on
September 14, 1998.
Councilmember Awada moved, Councilmember Masin seconded a motion to schedule a Special
City Council meeting for August 25, 1998 at 5:00 p.m. to review the 1999 General Fund Operating
Budget. Aye: 5 Nay: 0
INFORMATIVE-DRAINAGE PROBLEM AT 3738 AND 3734 GREENSBORO DRIVE
City Administrator Hedges asked the Council if a work session would be a more appropriate
setting for a discussion on this matter. The Council agreed to handle this at the next work session.
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PUBLIC HEARMS.
PROJECT 732, FINAL ASSESSMENT HEARING, OAK POND HILLS (STREETS & UTILITIES)
City Administrator Hedges provided an overview on this item. Director of Public Works
Colbert gave a staff report. He commented on the uniqueness of this situation because the contract had
not yet been awarded, nor had the improvement been installed, both of which typically.occur before a
final assessment hearing takes place. He stated that the final project had an assessed value of $22,000
per lot equivalent per City Assessment Policy, but that the appraisal benefit cap on assessments was
$14,500 per lot equivalent. He further stated that some of the properties were eligible for subdivision
and would consequently be charged for the extra lot equivalent as well. He indicated that several of the
residents considered the assessment appraisal by the appraiser excessive.
Councilmember Masin stated that she would feel more comfortable if the neighbors agree to the
project and their assessments before proceeding with the project. Councilmember Wachter commented
that all residents in Eagan have to pay for the improvements that benefit their property and stated that
he considers the residents' assessments reasonable considering the efforts made by the City to keep
assessments down throughout times of rising costs.
Mayor Egan summarized his understanding of the history on this project, emphasizing the
unique circumstance of this situation due to substandard levels of service for the neighborhood for the
Minutes of the Regular City Council Meeting, August 4, 1998 page 5 00287
last 20 years. He expressed empathy with the residents and lamented the confusing nature of the
information provided about this project to this point. He further stated that the $1750 connection fee
was not included in the final assessment roll and that the fee would have to be paid at the time of
connection to the water and sewer systems. He asked the residents to consider the costs of maintaining
their own septic systems and wells as they determine their interest in this project. Mayor Egan stated
that the Council needs to be consistent in their policies, but that it was crucial that the treatment of this
neighborhood be fundamentally fair. He also stated that the City should rightly absorb some of the cost
of this project because some components of the project could have been avoided if the City had been
more visionary in their planning at the time of construction in the adjacent neighborhood. He proposed
a modified assessment for the properties at $7,000 per lot equivalent plus the $1750 connection fee at the
time of connection.
Councilmember Blomquist asked for clarification about assessing the potential double-lots.
Mayor Egan stated that those lot equivalents would be assessed as well. Councilmember Blomquist
suggested an option for the residents to defer the assessment on undeveloped lots until the owner
develops the property. Mayor Egan agreed. Councilmember Awada stated that Mayor Egan's offer
was very generous. Councilmember Wachter commented that it was an offer not to be passed up.
Mayor Egan said that his proposed assessment was comparable to the Country Home Heights area that
was similar to Oak Pond Hills.
Mayor Egan opened the public hearing to anyone wishing to speak. Mr. Mike Armada
addressed the Council, stating how unnecessary the improvements would be because of the negligible
difference between maintaining private systems and the assessment for the public improvement. He
expressed concern about the potential damage to the neighborhood's trees. Mr. Armada stated that the
neighborhood had offered $6,000 as what they considered acceptable and that he had no more interest in
seeking consensus on the project. Mayor Egan asked him if the neighborhood wanted the city to
proceed with the project. Mr. Armada said that it would be unnecessary for 10-15 years. A resident
from the audience asked if they could have a brief recess to discuss Mayor Egan's offer. Mayor Egan
called a five minute recess.
The council recessed at 7:35.
Mayor Egan reconvened the Council at 7:41 and invited Mr. Armada to relay the results of the
neighborhood's decision. Mr. Armada said they would accept. Mayor Egan reconfirmed that
assessment on undeveloped lot equivalents would be deferred until development and the connection
fees would be deferred until hook-up.
Councilmember Blomquist stated that she empathized with the residents' concerns about tree
loss. Councilmember Wachter said a figure between the $7,000 and $14,500 would seem more
reasonable to him. Mayor Egan stated that the deferred assessments on the undeveloped properties
would come due at the time of development, including a retroactive interest rate of 6.5%. Director of
Public Works Colbert asked if the properties with driveways on Cliff Road who would not benefit from
the street improvements would be assessed at the same rate as the other properties. Mayor Egan said
that he considered $7,000 a generous offer considering the properties would have been assessed $10,000
previously. Councilmember Blomquist admonished the arbitrariness of the process, and stated that the
Cliff Road property owners should also have their assessments discounted. Councilmember Wachter
stated that the project should go in because it is uncertain how long the private systems will last; this
improvement would make the neighborhood less vulnerable. He expressed concern about the kind of
precedent being set by this decision. Councilmember Awada stated that the properties that aren't
benefiting from the street improvements shouldn't be assessed the same amount as those who will
benefit. Mayor Egan offered a compromised assessment to the Cliff Road properties in the amount of
$6,000 per lot equivalent, subject to the same conditions as the other properties. A Cliff Road property
owner in the audience consented to the arrangement.
There being no one else wishing to speak, 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 732 (Oak Pond Hills - Street and Utilities) at a
Minutes of the Regular City Council Meeting, August 4, 1998 page 6
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rate of $7,000 per lot equivalent for the Oak Pond Hills properties and $6,000 for the Cliff Road
properties, with connection fees of $1750 to be paid at the time of connection and the option to defer,
with interest, payment on the assessment to undeveloped lot equivalents until the time the property is
developed, and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0
PROJECT 723, FINAL ASSESSMENT HEARING
SOUTHERN LAKES/INVER GROVE HEIGHTS (TRUNK UTILI(IES)
City Administrator Hedges provided an overview on this item. Director of Public Works
Colbert gave a staff report. He reported that the assessment affected three parcels of land, two of which
are owned by the Woodcrest Church. He stated that the total assessment would be for $121,566, paid
over 15 years with an interest rate of 6.5%.
Mayor Egan opened the public hearing to anyone wishing to speak. Mr. Brad Kittleson of the
Woodcrest Church addressed the Council and stated that the assessment was acceptable.
There being no one else wishing to speak, he turned the discussion back to the Council.
Councilmember Blomquist moved, Councilmember Masin seconded a motion to close the public
hearing and approve the final assessment roll for Project 723 (Southern Lakes/Inver Grove Heights -
Trunk Utilities) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0
OLD BUSINESS
TERMINATE INTERIM ORDINANCE (D-II MORATORIUM) 98-65.1
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report and recommended that should the Council take favorable action on the Preliminary Planned
Development and the Preliminary Subdivision, staff should be directed to initiate a Comprehensive
Guide Plan Amendment from D-II to D-I.
Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the
termination of the Interim Ordinance originally adopted in June 1997, that placed a moratorium on City
action affecting property guided D-II. Aye: 5 Nay: 0
PRELIMINARY PLANNED DEVELOPMENT & PRELIMINARY SUBDIVISION
(OAKBROOKE) PULTE HOMES OF MINNESOTA, INC.
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report.
Mr. Denny Griswold of the Pulte Company addressed the Council, stating that the provision in
condition #2 of the Preliminary Subdivision called for the water tower site to be an outlot, but stated
that the ownership of that property was unclear. He asked that Pulte not be responsible for that
property, financially or otherwise. Senior Planner Ridley stated that incorporating that outlot into the
plat was in the interest of the City and that he considered Mr. Griswold's request reasonable. Mr.
Griswold questioned what the City was asking for in #18 of the Preliminary Subdivision. Director of
Public Works Colbert stated that the storm sewer system would need to be connected to the property
line for overflow, commenting that all new proposed developments must accommodate drainage from
adjacent properties. Mr. Griswold contended that the Engineering Standards Manual states that the first
property owner is responsible for providing drainage by pipe to a proper location, thereby absolving
Pulte's responsibility. Mayor Egan asked if it was possible to pond on the site and Director of Public
Works Colbert responded that the composition of the property made that impossible in this case. Mr.
Griswold stated that he wanted to work with the City, but considered the drainage obligation the City's
responsibility. Mr. Griswold informed the Council that the Planning Commission recommended under
provision 24 that only a trail connection be made to Cashell Glen and that the third phase for connection
to the school would be the developer's preference. He also stated that they would use 5 foot sidewalks
throughout the development, rather than the standard 6 foot sidewalks. He further commented about
the left and right turn lanes, stating that the implementation of the County policy should be determined
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Minutes of the Regular City Council Meeting, August 4, 1998 page 7
at that level. He stated that his understanding of the requirements for the turn lanes required them only
at neighborhood collector intersections. Mayor Egan asked for the staff's position on this matter.
Director of Public Works Colbert stated that it is a County requirement for their permit for connection to
a County road and confirmed that the financial responsibility for the turn lanes would rest with the
developer, regardless of City action. He further stated that their only other option would be to petition
the City for a public improvement to install the turn lanes, in which case, the benefiting properties
would be assessed for the cost of the improvement.
Councilmember Blomquist recommended making only the trail connection in the Cashell Glen
neighborhood, but asked that the extension not be named Cashell Glen. Councilmember Awada
concurred. Director of Public Works Colbert expressed the importance of connecting the streets for ease
of through traffic for the schools, but emphasized that the connection would not promote external
through traffic.
Mr. Ryan Johnson, 4123 Cashell Glen, addressed the Council and informed the Council that the
Planning Commission had voted three times not to extend the road. He cited a neighborhood petition
with 100 signatures against extending the cul-de-sac. He further stated that there were no fire or public
safety reasons for connecting this road. Mr. Johnson also stated that the connection would require the
developer to rip out the current curb and gutter and re-do the work that has already been done; he
further stated that the developer is opposed to the extension as well.
Mr. Dave Moran, 4127 Cashell Glen, addressed the Council and supported the comments made
by Mr. Johnson. He further informed the Council that there are four handicapped children in their
neighborhood who would be best served by not making the road connection at the end of the cul-de-sac.
Councilmember Masin supported the position of Director of Public Works Colbert and
stated that cul-de-sacs are not an efficient land use from a planning perspective.
Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the
applicant's request for a Preliminary Planned Development (rezoning) from A, Agricultural to RB,
Roadside Business to PD, Planned Development subject to the following conditions:
The Oakbrooke Addition Preliminary Planned Development shall allow for the
construction of 313 single family detached residential units.
2. The Oakbrooke Addition Planned Development shall expire five years from the date of
City Council approval.
3. A Preliminary and Final Planned Development Agreement shall be executed prior to
final subdivision approval. The following exhibits are necessary for this Agreement:
Site Plan
Landscape Plan
Signage Plan
4. Only upon submission of the preceding plans may the Final Planned Development
proceed to the City Council for approval.
5. Lots east of Johnny Cake Ridge Road shall have widths of not less than 55 feet.
6. A base lot/unit lot arrangement shall be allowed for those single family residential lots
located west of Johnny Cake Ridge Road.
7. The following minimum setback requirements shall be upheld:
Front yard/street 25 feet
Side yard 15 feet between buildings
Rear yard 15 feet
Minutes of the Regular City Council Meeting, August 4, 1998 page 8 00230
Johnny Cake Ridge Road 25 feet
Diffley Road 50 feet
Deerwood Road 50 feet
Interstate 35E 50 feet
The property shall be platted.
9. Direct single family lot driveway access to Johnny Cake Ridge Road shall be prohibited.
Aye: 4 Nay: 0 Abstain: Blomquist
Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the
applicant's request for Preliminary Subdivision creating 313 single family detached dwelling units upon
a 117 acre site located north of Diffley Road and east of I-35E (generally in the south half of Section 21)
subject to the following conditions:
1. The Developer shall comply with these standard conditions of plat approval as adopted
by Council on February 3, 1993:
B1, B2, B3, B4, C1, C2, C3, D1 and El
2. The plat drawing shall be revised to add the water tower site as an outlot.
3. On-site ponding shall be the primary means to meet water quality mitigation
requirements to protect Blackhawk Lake. A supplemental cash dedication shall be
considered only after City water resources staff are satisfied that additional on-site
ponding or other mitigation within the development site is not a practical option in
reaching management objectives for Blackhawk Lake.
4. On-site ponding and storm water routing configuration for the development shall be
constructed as directed by City water resources staff.
5. Outlot skimmers constructed in accordance with the City's standard detail plate shall be
installed on Ponds BP-35 and BP-3.
6. No discharge of untreated water from impervious surfaces to the four natural wetland
basins within the development is allowed.
7. Draining or filling of jurisdictional wetlands within the development other than that
allowed by exemptions under the Wetland Conservation Act shall be prohibited.
8. Un-maintained, un-graded buffers extending a minimum of 30 feet back from the
delineated edge of the wetland shall be preserved around all five wetland basins within
the site.
9. The final grading plan shall reflect house pad elevations at a minimum of three feet
above the calculated high water level of the adjacent storm water basins.
10. The grading plan shall reflect all driveway grades to City standards.
11. The elevation of the proposed street stub for future connection to Blackhawk
Middle/Deerwood Elementary schools shall be approved by IDS #1% prior to final plat
approval.
12. Detailed plans and specifications shall be submitted with the final grading plan covering
the construction of the property retaining walls.
Minutes of the Regular City Council Meeting, August 4, 1998 page 9
13. The Developer shall be responsible for installing and maintaining erosion control " ? +? p
71
measures in accordance with the City Erosion/Sediment Control Manual Standards.
14. The trunk storm sewer extension and storm water basin Pond BP-35 should be designed
to accommodate the site's storm runoff in addition to the existing storm water runoff
from the storm sewer system from Diffley Road.
15. The final grading and storm drainage plan shall reflect an overland drainage route for
Pond BP-25 capable of accommodating flows in excess of a 100-year storm event.
16. The Developer shall restrict the outflow from Pond BP-3 so as not to exceed the design
high water level of Pond BP-33 downstream.
17. The final storm drainage plan shall provide for a storm sewer connection from
Deerwood Reservoir site to normal water level of Pond BP-3.4 to accommodate
potential overflow drainage from the reservoir.
18. The sanitary sewer extension along Deerwood Drive shall be constructed as to avoid
impacting the City trunk water main, the Cooperative Power overhead electric
transmission lines, the William Bros. Pipeline and easement, and provided sufficient
depth over the sanitary sewer along the slope south from Deerwood Drive.
19. Berming and landscaping adjacent to Johnny Cake Ridge Road shall be designed so as to
ensure proper sight distances consistent with a 35 MPH design speed.
20. The Developer shall be responsible for the construction of left and right turn lanes on
Diffley Road as required by Dakota County.
21. The northbound approach of Johnny Cake Ridge Road to Deerwood Drive shall contain
two lanes.
22. The northern leg of Johnny Cake Ridge Road and Diffley Road intersection shall directly
align with the existing southern leg of that intersection. The southbound portion of this
northern leg shall contain a right-turn lane and a combination through/left-turn lane.
23. The Developer shall be responsible for a trail connection to the existing cul-de-sac on
Cashell Glen within the Wenzel Addition.
24. The street connection from Johnny Cake Ridge Road to Deerwood/Blackhawk school
shall be constructed with the third phase of the development.
25. The Johnny Cake Ridge Road extension in the northeast corner of the development at
Deerwood Drive shall align with the private street of Deerwood Townhomes. Sufficient
right-of-way for this extension at Deerwood Drive shall be obtained from the exception
parcel northeast of the development.
26. If the City's excess property is acquired and incorporated into this development, the
Developer shall be responsible for constructing a paved access road from Deerwood
Court to the Deerwood water tower.
27. A 6-foot concrete sidewalk and 8-foot bituminous trail shall be provided along Johnny
Cake Ridge Road from Diffley Road to Deerwood Drive with a minimum of an 8-foot
boulevard between the sidewalk/trail and the roadway curbing. All concrete sidewalks
constructed within the development except for along Johnny Cake Ridge Road shall be
constructed to a minimum width of 5 feet.
28. The tree inventory prepared in 1997 shall be updated per existing conditions.
Minutes of the Regular City Council Meeting, August 4, 1998 page 10 00292
29. Significant tree/woodland removal in excess of allowable limits shall be mitigated per
the City's Tree Preservation Ordinance.
30. This proposal shall be subject to a cash parks and a cash trails dedication.
Aye: 4 Nay: 0 Abstain: Blomquist
Councilmember Awada moved, Councilmember Wachter seconded a motion to initiate a
Comprehensive Guide Plan Amendment changing the existing Land Use Guide Plan designation of the
subject site from D-Il, Mixed Residential (0-6 units/acre) to D-1, Single Family Residential (0-3
units/acre). Aye: 4 Nay: 0 Abstain: Blomquist
CONTRACT 98-16, RECEIVE BIDS/AWARD CONTRACT, WESCOTT WOODLANDS
(STREETS & UTILITIES)
City Administrator Hedges provided an overview on this item. Director of Public Works
Colbert gave a staff report. He stated that this project affects a variety of property-owners along
Wescott Woodlands and described the various schedules included in the bids. He recommended that
the City enter into a written agreement with the neighbors prior to beginning the project, but informed
the Council that the details of that process was not yet complete. He commented that the differences
between the bid amounts arrived through meetings with the residents and reductions of project
components totaling approximately $360,000. He stated that changes to the project can be done through
change orders, but emphasized the need to begin this project soon to complete it during this
construction season. He stated that staff was unable to provide the financial analysis as requested at the
public hearing due to appraisals not being completed for both the assessment benefit and easement
acquisition.
Councilmember Blomquist moved, Councilmember Masin seconded a motion to receive the
bids for Contract 98-16 (Wescott Woodlands - Streets and Utilities) awarding the contract to the lowest
bidder and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0
CONTRACT 98-18, RECEIVE BIDS/AWARD CONTRACT, OAK POND HILLS ADD.
(STREETS & UTILITIES)
City Administrator Hedges provided an overview on this item. Director of Public Works
Colbert gave a staff report. He directed the attention of the Council to the accuracy of the feasibility
report for this project.
Councilmember Wachter moved, Councilmember Blomquist seconded a motion to receive the
bids for Contract 98-18 and award the contract. Aye: 5 Nay: 0
NEW HUSIN .S
REVIEW DAKOTA COUNTY 5 YEAR CAPITAL IMPROVEMENT PROGRAM-(1999-2003)
City Administrator Hedges provided an overview on this item. He clarified the difference
between this plan and the traffic plan reviewed at the last meeting. Director of Public Works reviewed
the CIP and the staff's recommendations. He stated that City staff recommend postponing Lexington
Avenue improvements from 1999 to 2000, postponing Lone Oak Road improvements from Neil
Armstrong Boulevard to Hwy 55 to 1999, to reschedule the continuation of Lone Oak Road to the year
2001, and to put the upgrade of Cliff Road into the future category with no specific year, unless
otherwise indicated by the Council. He informed the Council of staff recommendations on intersection
signalization, suggesting postponement of the Lexington and Wescott intersection until an undecided
future date, move from future date to 1999 the intersection of Diffley and Johnny Cake Ridge Road, and
to identify new signals on Lexington Avenue at Gemini and at Northwood Parkway to be completed
with the upgrade of Lexington Avenue in the year 2000.
Minutes of the Regular City Council Meeting, August 4, 1998 page 11 00293
Councilmember Wachter stated that Cliff Road is important, and suggested doing the upgrade
before staff's recommendation. Director of Public Works Colbert commented on the amount of requests
received for upgrading Cliff Road. Councilmember Awada suggested proceeding this year with the
public hearings for an upgrade for Cliff Road.
Councilmember Masin noted that the signal at Diffley and Rahn had been entirely eliminated
and expressed interest in adding that intersection to the plan pending approval by the neighborhood.
Director of Public Works Colbert stated that the Council would have this opportunity to review the plan
annually. He offered to include the intersection in a future category to allow for yearly review of the
situation at the intersection.
Councilmember Wachter restated his interest in upgrading Cliff Road as soon as possible.
Mayor Egan and Councilmember Awada expressed support for his suggestion. Councilmember
Blomquist suggested that Cliff Road be improved all the way to Hwy 3 due to increasing traffic from the
Southern Lakes Development and the continued improvements to the County Park System.
Councilmember Wachter moved, Councilmember Awada seconded a motion forward these
comments for consideration by the County in preparing their 1999-2003 CIP, emphasizing the
importance of accelerating improvements to Cliff Road. Aye: 5 Nay: 0
CONDITIONAL USE PERMIT - MEPCO, INC.
City Administrator Hedges provided an overview on this item. He stated that the Advisory
Planning Council voted to recommend approval of the CUP. Senior Planner Ridley gave a staff report.
Councilmember Awada moved, Councilmember Masin seconded a motion to approve a
Conditional Use Permit to allow outdoor storage of trucks on Lots 1 and 2, Block 1, Eagandale Center
Industrial Park 12th Addition, located at 1245 Trapp Road in the NE 1/4 of Section 3, subject to the
following conditions:
1. This permit shall be recorded at the Dakota County Recorder's office within 60 days of
Council action.
2. Overnight outside tractor-trailer storage is allowed at each of Air Plus' seven dock
doors and only at the dock doors.
3. Storage of up to four 28-foot straight trucks is allowed north of the building. The
Developer shall provide a revised site plan that identifies the straight truck storage area
on the north side of the building.
Aye: 5 Nay: 0
FINAL PLAT, EAGANDALE CORPORATE CENTER NO.5
CONDITIONAL USE PERMIT & VARIANCE, DART TRANSIT 98-66
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report. He stated that the Planning Commission favored the trail connection in the proposal and
that the Parks Commission supported the connection, but that the Parks Commission had not discussed
the issue of encroaching in the 30 foot wetland buffer.
Mr. Chuck Hall was present and addressed the Council as a representative of the Faithful
Shepherd Catholic School. He stated that he thought they informed the Parks Commission that they
would need to infringe on the wetland buffer and stated that Director of Parks and Recreation Vraa and
the City Attorney's office are working on addressing the wetlands issue.
Councilmember Wachter questioned the development related issues. Senior Planner Ridley
confirmed that the storage issues have been resolved. Councilmember Wachter asked about the trees
0C 294
Minutes of the Regular City Council Meeting, August 4, 1998 page 12
and Senior Planner Ridley responded that City Forester Hove was meeting with the developer to ensure
a proper landscaping plan.
Mr. Jack Grotkin of R J Ryan Construction addressed the Council and informed the Council that
the landscaping and tree mitigation plan had been approved by City Forester Hove.
Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a Final
Plat (Eagandale Corporate Center No. 5) replatting Lots 1 and 2, Block 1, Eagandale Corporate Center
and adjacent uplatted property to the south to create two lots on approximately 26 acres. Aye: 5 Nay:
0
Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a
Conditional Use Permit to allow the overnight outdoor storage of trucks on property located south of
Aldrin Drive in the SW 1/4 of Section 11, subject to the following conditions:
1. The property shall be replatted.
2. This permit shall be recorded at the Dakota County Recorder's office with the final plat.
3. Overnight outside storage of trailers and tractor-trailers shall occur only at the loading
docks east and west of the building.
4. The bituminous surfacing shall be properly maintained to prevent deterioration.
5. If the City determines that additional off-street parking is necessary, the owner shall
install at their expense the proof of parking areas according to the approved site plan.
6. Any rooftop equipment shall be screened from view from the public right-of-way.
7. On-site lighting shall be provided as is necessary for security, safety and traffic
circulation. Lighting shall not be directed upon public rights-of-way or adjacent
properties. Such illumination shall be shielded and diffused, and directed downward so
as not to cause glare to adjacent property or right-of-way.
8. All trash handling equipment shall be located within the building, or within an
enclosure consistent with City Code design requirements.
9. The landscape plans shall be prepared by a registered landscape architect or certified
nursery person. Automatic irrigation is required for landscaped areas and shall be
noted on the plans.
10. The applicant shall work with City staff in revising the landscape plan to provide better
screening and avoid planting in proof of parking and future building areas.
11. All runoff from impervious areas shall be directed to existing detention basins for
treatment as per the master drainage plan for the development.
12. An upgraded, unmaintained buffer extending at least 30 feet back from the delineated
edge of all wetlands on the site shall be preserved.
13. The erosion and sediment control provisions identified on the grading plan dated June
30, 1998, shall be followed. All graded areas with a slope greater than 4:1 shall be
permanently established in a native perennial grass cover using MnDOT seed mix 20A
or equivalent and this vegetation shall be left in an unmaintained condition.
14. An easement for the shared access and pavement area between Lots 1 and 2 will need
to be executed prior to final plat.
Minutes of the Regular City Council Meeting, August 4, 1998 page 13 00295
15. A revised Grading Plan and a revised Tree Preservation Plan shall be submitted which
show proposed grading limits and the location and type of Tree Protection Fence. Tree
Protection Fence shall be placed at the edge of the Critical Root Zone.
16. The Developer shall contact the City Forester at least five (5) days prior to the issuance
of a grading permit to ensure compliance with the approved Tree Preservation Plan.
17. Fill in areas east and southeast of the building that is within the Critical Root Zone of
trees to be preserved shall be removed to original grade.
18. The Landscape/Tree Mitigation Plan shall be revised to provide additional landscape
materials for required screening, and additional trees for tree preservation mitigation.
Mitigation trees shall be located in the areas east of the proposed building and parking
lot, the area between and around the two water bodies and the area south and
southwest of the proposed building. In all, a total of 36 Category B trees (or an
equivalent number of Category A and/or Category C trees) shall be provided for
mitigation purposes beyond those that are required for screening purposes.
Aye: 5 Nay: 0
Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a
Variance of five feet to the required five-foot pavement setback for side yards to allow a shared
driveway on property located south of Aldrin Drive in the SW I/4 of Section 11. Aye: 5 Nay: 0
ORDINANCE AMENDMENT - CHAPTER TEN
CONSTRUCTION/DEMOLITION DEBRIS HAULING
City Administrator Hedges provided an overview on this item. He stated that the main change
would allow greater flexibility for the haulers, with a capacity not to exceed 160 square feet in area, no
greater than 20 feet in length.
Councilmember Wachter asked if these changes would affect the weight restrictions or impact
the roads with undue stress. City Administrator Hedges responded that the haulers still have to adhere
to the weight restrictions. Councilmember Blomquist suggested continuing the amendment. City
Administrator Hedges further stated that the amendment would remain unpublished if staff found
there would be problems with weight requirements and the matter would come back to the Council for
further consideration.
Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve an
ordinance amendment to Chapter Ten of the City Code regarding storage, deposit and disposal of
refuse. Aye: 5 Nay: 0
am LEGISLATIVE/INTERGOVERNMENTAL , :AIRS
City Administrator Hedges had nothing to report.
Mayor Egan commented on the success of the NOISE conference in Colorado. Councilmember
Masin expressed particular appreciation for the speaker from NASA who spoke on subsonic technology,
stating that she looked forward to quieter aircraft in the future.
........................ T ABLE.............
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OUND
City Administrator Hedges informed the Council that he had received requests from developers
and companies wishing to appear before the Council in a workshop format to discuss potential
developments "in concept." He stated that the Council's position has been to be consistent and have all
development proposals go through the standard process except in extraordinary cases. He stated
support for the policy due to complications in a workshop format of ensuring public knowledge, staff
Minutes of the Regular City Council Meeting, August 4, 1998 page 14
00296
attention and Council education on any proposal for consideration. The Council supported their
previous position, with the understanding that discretion is needed in some cases. Councilntember
Awada reminded everyone that individuals are welcome to contact Councilmembers outside meeting
situations ;via phone, mail, etc.
Councilmember Wachter independently toured the Ice Arena and the Aquatic Facility and
commented on the outstanding progress of the second sheet of ice. He asked that his packet be
delivered to the house and not left in the mailbox. He expressed concern about the proposal from the
Methodist Church and its potential conflict with using the area for a tree nursery.
Councilmember Awada gave an update on the progress of the tree planting program. She asked
about the status of the groundbreaking ceremony for the Aquatic Facility and second sheet of ice
opening. City Administrator Hedges stated that options would be ready for Council consideration after
he meets with Director of Parks and Recreation Vraa and Communications Coordinator Foote.
Mayor Egan read a thank-you note from Kay Ferguson, wife of Bob Ferguson, and commented
on the important role of Mr. Ferguson in the Eagan community in the years prior to his recent death.
Councilmember Blomquist asked Senior Planner Ridley if it would be possible to consider the
Walgreen's facility as part of an entire project within the neighborhood rather than in isolation. Senior
Planner Ridley commented on the location of the frontage road at the development location and the
landscape proposal for the development that would set the standard for the area and future neighboring
developments. He confirmed that the entire area would be considered at the next Regular City Council
meeting as part of the Preliminary Subdivision request.
CHECK REGISTER
Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register
dated July 30, 1998 in the amount of $3,157,621.85. Aye: 5 Nay: 0
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L JO MENT
The meeting adjourned at 9:31 p.m.
August 4, 1998
Date
MLK
T Aft %O&OU1
L 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.
EXHIBIT A
LIST OF ELECTION JUDGES FOR PRIMARY
City Council Approval, August 4,1998
Democrat Republican Independent
Don GIIblin Lois Agrimson Donna Heir
Elizabeth Bassett Sharon Astleford Norman Hval
Dick Beatty Patti Benjamin Jan Beliveau
Alyce Bolke Neal Black Grover Bellile
Eleanor Bruce Joan Bohlig Sharon Bruce
Marilyn Defang David Gary Penny Breuer
Gladys Byrnes Jim Dech Adeline Buehler
Judy Christopher Thora Dech Charles Fischer
Carol Sue Cruz Eleanor Grimmer Elaine Fischer
Karen Dare Ethel Groff Karen Flood
Gerianne Dodge Marti Ann Guetzlaff Jean Harmon
James Driscoll Mary Hansen Michelle Huck
William Guelcher Darlene Hanson Richard Iffert
Frank Hamernik Lloyd Hareid Jeanne Koehler
Judy Hansen Ruth Hareid Yvonne Krisnik
Burma Heine Mildred Hartleben Eleanor Morson
Carolee Jones Marilyn Holm Emily Medin
Patricia Kaeder Vicki Jabbra June Nelson
Walter Lawrence Marge Jacobs Virginia Nicolay
Richard LaMay Penny Johnson Stephen Olson
Arlene Leibel Jean Kimber Judy Peterson
Robert Zimmerman Shirlee Kiang Patricia Ricke
Richard Nicolay Alice Kreitz Christine Sebert
Clarice Nitti Jan Kuehn Donald Sektnan
Charlotte O'Donnell Marie Lane Nancy Severson
Marcine Olson Mary Jane Pederson Mary Teske
Sharon Orth Sonya Larson Paul Teske
Evelyn Otterness Marilyn Legler Carolyn Thurston
Margaret Pellerin Coni Walters Phyllis Squiers
Ruth Pryor Ruth Lilley Bill Fish
Pat Rask Phyllis Manthey Eldoris Ohm
Lorraine Rieger Zella Mirick Julie Kaufman
Martie Ruzicka Barb Nuttall Beth Porter
Judy Saima Arm Ouradnik Robert Meckley
Sheila Shay Linda Parish Dawn Struble
Ann Thomas Bill Pfeiffer Gloria McCammon
Ruth Twomey Marilyn Porter Judy Hawley
Sue VonDeLinde Arlan Restad Dawn Struble
Marilyn Young Michelle Skindelien Judy Hawley
Anthony Wilkes Sr Karen Uecker Betty Ramsey
Lorna Tittl Lois Vandyck Vivian Date
Carol Vibovde Julie Kaufman-Boom
Fred Vihovde Mary McGuire
Rose Vimr Gloria Wachtler
Venera Yismaw Jody Severson
Bob Vogel Patti Paul
Marilyn Woolley Pat Larson
Reform Larry Cook Thomas Pahl
Herb Legler Lucia Johnson
Diane Tapper Everett Waters
Bill Skar
0029? )