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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. ....................... . ..................... .... GA A 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 ............_ ..... .................................... .. ...... .................................................................................. DEPARTMENT HEAD BUSIN E S5 _.. 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 00284 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 00285 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. ........... ........................................... 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 00288 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 00289 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............. ...................................... 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 ........................................ ........................................... ..... 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? )