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10/20/1998 - City Council Regular00371 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota October 20,1998 A regular meeting of the Eagan City Council was held on Tuesday, October 20,1998 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin and Blomquist. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. AGENDA City Administrator Hedges stated that an update on the Eagan Forever Green Program would be provided under Department Head Business. Councilmember Masin moved, Councilmember Awada seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OF THE OCTOBER 6,1998 REGULAR MEETING Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 VISITORS TO BE HEARD Larry Poppler, 3030 Poppler Lane, requested a meeting be scheduled with the Public Works Committee to discuss his final assessment costs in comparison to final assessments levied for improvement projects in other neighborhoods in the City. Councilmember Wachter, as Chair of the Public Works Committee, agreed to Mr. Poppler's request to schedule a meeting. Ed Nelson, 1018 Boston Hill Road, expressed concern with the lack of reflective paint and streetlights along Johnny Cake Ridge Road which create unsafe driving conditions at night. Staff was directed to consider streetlights on Johnny Cake Ridge Road south of Cliff Road. DEPARTMENT HEAD BUSINESS PARK DEPARTMENT - POOL NAMING CONTEST City Administrator Hedges provided an overview on this item. Direction was provided to organize a committee comprised of members of the EDC, APrC, and members of the community to review the potential names for the Aquatic Facility, as selected by the Council, and submit a final recommendation for Council consideration. Councilmember Masin suggested that the final names, as narrowed down by the Council, be placed on the public access channel. Mayor Egan commended everyone who participated in the name selection process. CONSENT AGENDA In regard to Item Al, Hiring of James Verbrugge as Assistant City Administrator, Councilmember Masin asked that information be shared about the new assistant. City Administrator Hedges commented about Mr. Verbrugge's educational and employment background. In regard to Item D, Subgrantee Agreement, 1998 CDBG Program with Dakota County HRA, Councilmember Wachter stated that he was opposed to this program and would be abstaining from voting on this item. 00372 EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 20,1998 PAGE 2 In regard to Item F, Resolution declaring October 18-24 as Dakota County Water Resources Awareness Week, Councilmember Masin asked how other resolutions and proclamations are publicized and requested that the resolution be shown on the public access channel. Councilmember Wachter commented on the significance of this observance. In regard to Item G, Change Order No. 2, Fire Administration Building, Councilmember Wachter stated that Chief Building Official Reid would be providing an update on the progress of the construction of the building later in the meeting. In regard to Item W, Contract 98-12, approve Change Order No. 3 (Eagan Aquatic Facility), Councilmember Blomquist said she was concerned with the additional cost associated with this change order and the affect on the overall project cost change orders will have. She further said she was opposed to this item. Councilmember Wachter commented that some of these costs could have been offset if the retaining wall near the library did not have to be built. Councilmember Blomquist objected stating that there is no proof of costs to substantiate this claim. Councilmember Masin raised questions about the adequacy of the soil borings that were taken on the site. City Engineer Matthys explained that poor soil conditions were found to exist in various locations throughout the two pool areas that are inadequate for load bearing and proper subgrade drainage. He further explained that numerous soil borings had been taken on the site but the results were not indicative of poor soils in those specific areas. A. Personnel Items Item 1. It was recommended to approve the hiring of James Verbrugge as Assistant City Administrator. Item 2. It was recommended to approve the hiring of Donna Tilsner as Program & Events Supervisor in the Parks & Recreation Department. Item 3. It was recommended to approve the hiring of Daniel G. Naas as a temporary engineering intern. Item 4. It was recommended to approve the hiring of Laurey Nelson-Kropacz as a part-time seasonal skating instructor. Item 5. It was recommended to approve the hiring of Torey Flategraft and Tom Kluge as part-time seasonal supervisors at the Civic Arena. Item 6. It was recommended to approve the hiring of Nicholas Boland and Adam Estlund as part-time seasonal skate guards at the Civic Arena. Item 7. It was recommended to approve the hiring of Lindsay Nelsen as a part-time seasonal concession worker at the Civic Arena. B. Implementation for Comprehensive Guide Plan Amendment for Lexington Addition. It was recommended to approve and implement a Comprehensive Guide Plan Amendment changing the land use designation from Limited Industrial (IND) to Business Park (BP) for Outlot B and Lot 1, Block 2 of Lexington Second Addition, located at Northwood Parkway west of Lexington Avenue. C. Final Subdivision, Gardenwood Ponds Third Addition, D.R. Horton. It was recommended to approve 98-87 the Final Subdivision (Gardenwood Ponds Third) consisting of 15 lots located north of Northview Park Road and west of North Ridge Drive in the NE 1/4 of Section 23. D. Subgrantee Agreement, 1998 CDBG Program with Dakota County HRA. It was recommended to approve the subgrantee agreement for the 1998 CDBG Program with the Dakota County HRA. (Councilmember Wachter abstained) 00373 EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 20,1998 PAGE 3 E. 1999 Joint Powers Agreement, South Metro Drug Task Force. It was recommended to approve the agreement for continued participation in the South Metro Drug Task Force. F. Resolution declaring October 18-24 as Dakota County Water Resources Awareness Week. It was 98-88 recommended to approve a resolution declaring October 18-24, 1998 as Dakota County Water Resources Awareness Week. G. Change Order No. 2, Fire Administration Building. It was recommended to approve Change Order No. 2 for the Fire Administration Building project and authorize the Mayor and City Clerk to execute all related documents. H. Contract 97-01A, approve final payment, authorize City maintenance (Traffic Signals - Emergency Vehicle Pre-emption). It was recommended to approve the final payment for Contract 97-O1A (Traffic Signals - Emergency Vehicle Pre-emption) in the amount of $27,541.11 to Egan McKay Electrical Contractors Inc., and accept the improvement for perpetual City maintenance subject to warranty provisions. 1. Contract 97-A, acknowledge completion, authorize City maintenance (Gopher Eagan Industrial Park 3rd Add. - Utility Imp.). It was recommended to acknowledge the completion of Contract 97-A (Gopher Eagan Industrial Park 3rd Addition - Utilities) and authorize perpetual City maintenance subject to warranty provisions. J. Contract 95-12, approve final payment, authorize City maintenance (Deerwood Water Reservoir). It was recommended to approve the final payment for Contract 95-12 (Deerwood Water Reservoir) in the amount of $19,630.50 to Advance Tank and Construction Co., and accept the improvement for perpetual City maintenance subject to warranty provisions. K. Contract 97-10, approve final payment, authorize City maintenance (Traffic Signal - TH 149 at Lone Oak Parkway). It was recommended to approve the final payment for Contract 97-10 (T.H. 149 at Lone Oak Parkway - Traffic Signalization) in the amount of $7,377.19 to Collins Electrical Construction Co., and accept the improvement for perpetual City maintenance subject to warranty provisions. L. Vacate easement (Lot 3, Block 3, Wescott Gardens ) - receive petition, schedule public hearing. It was recommended to receive the petition to vacate a drainage and utility easement, and schedule a public hearing to be held on November 17, 1998. M. Project 759, authorize feasibility report, Beau-De-Rue (Silver Bell Road to Nicols Road - Street Overlay). It was recommended to authorize the preparation of a feasibility report along with preliminary plans and specifications for Project 759 (Beau-De-Rue - Street Overlay). N. Project 752, authorize preliminary plans, Johnny Cake Ridge Road - Cliff Road to Woodgate Lane North (Street Overlay). It was recommended to authorize the preparation of preliminary plans for Project 752 (Johnny Cake Ridge Road - Street Overlay). 0. Project 760, authorize feasibili report, Rahn Road (Beau-De-Rue to Cedarvale Blvd. - Street Overlay). It was recommended to authorize the preparation of a feasibility report along with preliminary plans and specifications for Project 760 (Rahn Road - Street Overlay). P. Project 753, authorize preliminary plans, Thomas Lake Road - Cliff Road to Diffley Road (Street Overlay). It was recommended to authorize the preparation of preliminary plans for Project 753 (Thomas Lake Road - Street Overlay). 00374 EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 20,1998 PAGE 4 Q. Project 761, authorize feasibili report, Duckwood Drive (Lexington Ave. to Denmark Ave. - Street Overlay). It was recommended to authorize the preparation of a feasibility report along with preliminary plans and specifications for Project 761 (Duckwood Drive - Street Overlay). R. Project 762, authorize feasibility report, Duckwood Trail (Street Overlay). It was recommended to authorize the preparation of a feasibility report for Project 762, (Duckwood Trail - Street Overlay). S. Project 763, authorize feasibili report, Duckwood Estates (Street Overlay). It was recommended to authorize the preparation of a feasibility report for Project 763 (Duckwood Estates - Street Overlay). T. Project 764, authorize feasibility report, Selmark, Harvey & Burrview Acres Additions (Street Overlay). It was recommended to authorize the preparation of a feasibility report for Project 764 (Selmark, Harvey & Burrview Additions - Street Overlay). U. Contract 98-07, approve final payment, authorize City maintenance, (Wilderness Run 5th & 6th Add. - Street Overlay). It was recommended to approve the final payment for Contract 98-07 (Wilderness Run 5th and 6th Additions - Street Overlay) in the amount of $23,841.41 to McNamara Contracting, Inc., and accept the improvement for perpetual City maintenance subject to warranty provisions. V. Contract 97-07, approve final payment, authorize City maintenance (Eagan Business Commons - Street & Utilities). It was recommended to approve the final payment for Contract 97-07 (Eagan Business Commons - Street and Utility Improvements) in the amount of $20,503.46 to Northern Escrow, and accept the improvement for perpetual City maintenance subject to warranty provisions. W. Contract 98-12, approve Change Order No. 3 (Eagan Aquatic Facility). It was recommended to approve Change Order No. 3 to Contract 98-12 (Eagan Aquatic Facility - Site Grading and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. (Councilmember Blomquist opposed) X. Extension for recording the final plat of Royal Oaks, Royal Oaks Realty. It was recommended to approve an Extension for a Final Subdivision (Royal Oaks) consisting of 34 lots and 4 outlots on approximately 21.4 acres located south of Yankee Doodle Road on the east side of Wescott Woodlands Drive in the NE 1/4 of Section 14. Y. Wine/Beer license for Sodhi Companies, dba Chutney Indian Bistro, 1260 Town Centre Drive. It was recommended to approve the wine/beer license for Sodhi Companies, dba Chutney Indian Bistro, 1260 Town Centre Drive. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 Chief Building Official Reid provided an update on the progress of the construction of the Fire Administration Building. He stated that the adjacent residents had expressed concerns with headlight glare and the proposed landscaping plan. He discussed the measures being undertaken to address those concerns. City Administrator Hedges provided an update on the Eagan Forever Green tree sale that occurred this past weekend. Mayor Egan acknowledged a $5,000 donation that was received from Dakota Electric. Councilmember Wachter stated that the Eagan History Committee is working on the production of a calendar containing historical pictures of Eagan. 00375 EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 20,1998 PAGE 5 City Administrator Hedges noted that there were boy scouts attending the Council meeting who are working toward completion of their Citizenship in the Community merit badge. PUBLIC HEARINGS PROJECT 727, FINAL ASSESSMENT HEARING DONNYWOOD ADD. (STREET OVERLAY) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. George Amell, 3180 Pilot Knob Road, asked why he was being assessed the same amount as the other property owners who received the full benefit of the improvement when the road in front of his property was only resurfaced 60 feet and not the entire length of his lot. Director of Public Works Colbert explained why this occurred and added that the remainder of the street in front of his property would be resurfaced next year. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. Councilmember Masin asked if the resurfacing of the street in front of Mr. Amell's property should be denoted within the motion. Director of Public Works Colbert stated that this action would occur as part of the City's routine maintenance operations. Councilmember Masin moved, Councilmember Wachter seconded a motion to close the public hearing and approve the final assessment roll for Project 727 (Donnywood Addition - Street Overlay) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) PROJECT 728, FINAL ASSESSMENT HEARING EVERGREEN PARK ADD. (STREET OVERLAY) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. Rod Smith, 4280 Sequoia Drive, commented on the successful completion of the project and how well received the improvements have been. He stated that as a result of the street construction the flow of the water has changed and inquired about the impact this would have on other properties that had been previously assessed for storm sewer improvements. Director of Public Works Colbert indicated he understood the issue and he would contact Mr. Smith if he had any further questions regarding the potential impacts of these improvements to the adjacent neighborhood's assessments. There being no one else wishing to speak, Mayor Egan 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 728 (Evergreen Park Addition - Street Overlay) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) PROJECT 747, OAKVIEW CENTER (STREET IMPROVEMENTS & SIGNALIZATION) City Administrator Hedges provided an overview on this item and stated that a letter was sent to the City by the developer of the Oakview Center proposing to construct the improvements privately through a Developer's Agreement with the City and requesting the cancellation of this project. 00376 EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 20,1998 PAGE 6 Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council. Councilmember Awada moved, Councilmember Masin seconded a motion to close the public hearing and cancel Project 747 (TH 149 and TH 55/Oakview Center - Street/Signalization Improvements). Aye: 5 Nay: 0 PROJECT 725, FINAL ASSESSMENT HEARING OAK CHASE 1ST - 3RD & 5TH ADDITIONS (STREET RECONSTRUCTION) City Administrator Hedges provided an overview on this item and noted that 49 residential property owners submitted written objections. Director of Public Works Colbert gave a staff report. Councilmember Blomquist stated that she was abstaining from participating in the discussion on this item because she lives in the project area. Mayor Egan opened the public hearing to anyone wishing to speak. Roger Martin, 4435 Oak Chase Road, indicated he was representing the Oak Chase neighborhood. He noted that some of the residents do not want to pay any assessment amount for the reconstruction of this street. He read from notes that were prepared by one of his neighbors as a result of a conversation with Mr. Frisbee, the original developer of the neighborhood, concerning the history of the road. He indicated that the neighborhood is satisfied with the construction results but unsatisfied with the proposed assessment and added that 100% of the property owners have filed written objections. He stated that the neighborhood group hired an appraiser who reported that no increase to property values occurred as a result of the reconstruction of the existing asphalt surface. He further stated that a Dakota County assessor said that street replacement does not increase property value. He commented on recent exceptions made by the Council to the City's assessment policy in regard to assessment amounts for improvements made in the Oak Pond Hills, Carlson Lake Lane and Country Home Heights neighborhoods. He said that the neighborhood feels that the assessment policy is unfair and City streets should be maintained by property taxes. He reviewed the neighborhood issues that included poor design and construction of the street, inadequate maintenance and the lack of City records regarding the history of the street. He recalled the recommendation from the December 19, 1997 City Council meeting was to negotiate costs with the residents and proceed with the project. He added that, to date, no negotiation has taken place. He further added that at that same meeting comments were made by Mayor Egan that there was something unique to this subdivision and he would consider greater City participation in the cost. He cited another comment made by Mayor Egan in which he stated there seemed to be sufficient justification for deviation from the standard City assessment policy. He also referenced comments made by Councilmember Awada stating that the Council and residents can work together to determine assessment costs. He concluded his remarks by saying that the neighborhood would like to negotiate a fair assessment with the Council. Mayor Egan asked Mr. Martin if he was in a position to offer the Council a figure for negotiations. He added that there are substantial differences between this project and other projects where the Council negotiated assessment amounts. John Sater, 4473 Oak Chase Lane, stated that the residents should not have to pay any assessment higher than the cost for an overlay. He further stated that the Council has not made any attempt to reduce the required neighborhood participation of 75% of the bid amount. Councilmember Awada said that the Council has only deviated from the assessment policy in situations where the assessment amount was not legally justifiable in relation to the benefit received. She referred to comments made by her and Mayor Egan during the public hearing that was held in December when the potential existed for a $4,800 per lot assessment. She said this amount was more than had ever EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 20,1998 PAGE 7 been assessed and the most the Council felt it could defend was $4,000. She reiterated that the Council does not negotiate assessment amounts unless the cost is not legally justifiable. She added that the $2,886.80 assessment is in line with other similar projects. Mr. Sater asked Mayor Egan about the "special consideration" that had been stated at a previous public hearing given the fact that the road was not maintained properly due to lack of budgeted money. Mayor Egan responded that he felt $4,569 was an unfair figure last December and he never imagined the bids would come in so reasonable and other administrative costs could be controlled to reduce the amount of the assessment to $2,800. Mr. Sater stated that the original bid contained another segment of roadway that was eliminated. Director of Public Works Colbert explained that the original feasibility report included part of Oak Chase 6th Addition and when that portion was removed the assessment increased from $4,569 $4,800 per lot. He further explained that there was a larger number of lots per front footage in the Oak Chase 6th Addition which resulted in a higher density and when that segment was removed from the project it also reduced greater participation in the cost of the assessment. 00377 Mayor Egan stated that the bids received were well below what the estimate was and the administrative costs were also controlled. Mr. Sater said that he felt the estimate was exaggerated and that competitive bidding resulted in the costs being lowered. Mayor Egan commented that sometimes bid results are lower than the estimate, sometimes they are higher and sometimes they are exactly the same. He noted that the feasibility report estimate is prepared at a preliminary stage and the engineer's estimate is prepared after more detailed information is available. Mr. Sater added that there is no basis for this estimate and said that no construction index was used in determining the estimate. Director of Public Works Colbert stated that it is more accurate to use actual bid unit prices that have been received in previous years since they reflect actual costs as opposed to using a construction index. He noted that this project was bid during the most competitive time. Dick Ney, 4497 Oak Chase Lane, said that historically, the estimate for these projects is really high and the bids results are lower which makes it appear as if people are saving money on their assessment. He stated that since these projects are routinely performed it should not be that difficult to determine actual costs. He added that the neighborhood agreed to proceed with the construction of the street when the assessment amount was proposed to be $4,500 because they thought the Council was going to help than out with the cost. Councilmember Awada stated that typically the estimate is not more than 10% higher than the bids that are received. Mr. Ney questioned the justification of the City's appraisal process and asked why the Country Home Heights neighborhood received a new street and the assessment was only $4,000 per lot. Councilmember Awada explained that this was one of the few projects where the City deviated from the assessment policy because the benefited amount was legally justifiable only up to $4,000. Jon Gilbertson, 4505 Oak Chase Road, questioned why the appraisers are given a dollar amount prior to conducting the appraisal. City Attorney Sheldon explained the City's appraisal process. He added that the amount of benefit received from a specific public improvement varies significantly by subdivisions. Director of Public Works Colbert said that based on past appraisals the difference in cost between replacement of bituminous surfacing and installation of new concrete curb and gutter opposed to bituminous surfacing only is typically $1,000 to $1,500 per lot. Karla Bothwell, 4575 Oak Chase Road, said that she obtained a letter from her appraiser stating that the improvement made little or no difference in the value of their property. Andy Massaro, 4540 Oak Chase Lane, asked if the appraisals that were completed before and after the improvements are available to the residents. City Attorney Sheldon stated that the initial EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 20,1998 PAGE 8 appraisals were completed prior to the start of the project. He added that the City has not asked the appraiser to complete any additional appraisals since the proposed assessment is within the amount that was initially estimated. He further added that if this matter were brought to court additional appraisals would be done. Mr. Massaro asked how the benefit could be determined when a final appraisal has not been completed. He referred to comments that were made previously regarding working with the neighborhood. He said he would be interested in seeing the appraisal made by the City. Ms. Bothwell indicated she would also like to see the appraisal. City Attorney Sheldon stated that the appraisals that are prepared are for the purposes of litigation. Mayor Egan added that the written objections filed by the residents of Oak Chase offer jurisdictional protection for them to bring a state court action against the City. Mr. Ney said that the assessment policy is not fair. Mayor Egan stated that the tone and comments being made by the residents of the Oak Chase neighborhood contain feelings of distrust. He said that this is one of the last subdivisions in the entire City to be assessed and virtually no other neighborhood has had this level of distrust regarding the process the City follows. He explained that this policy was adopted about ten years ago and, although it has not been flawless, it has been a good policy. He added that the City conducted a great deal of research before deciding on this policy and examined how other cities handled their street improvement programs. He said the Council felt that this policy involved a fair, reasonable and equitable formula for determining assessments. He further said that this is one of the last neighborhoods to be improved and virtually all of those subdivisions were treated on the same basis as Oak Chase. He said it would be a fundamentally unfair system if the Council changed their policy and gave Oak Chase residents a windfall as opposed to the residents who did not receive such a break. Councilmember Wachter commented that the estimates have never been and are not being padded as expressed by the residents of Oak Chase. He said that staff has been instructed to be conservative and try to keep costs as low as possible. Mayor Egan reiterated that trust is lacking in this situation. Steve Boehm, 4576 Oak Chase, stated that the City had some inaccurate information regarding the history of the construction of the road and the residents of Oak Chase provided a lot of accurate information which has contributed to the mistrust they feel. Carol Hooten, 4568 Oak Chase Road, stated that when the issue of the appraisal was brought up it was for the purpose of obtaining a fair assessment. She said that there was not any talk of litigation at that time and the homeowners who opened up their homes for the appraisal are now unable to see the appraisal. She stated that no Tennessen Warning was provided to the homeowners prior to the appraisal being conducted. Allen Gilbert, 4568 Oak Chase Road, stated that under the law there is a requirement that the City must disclose to homeowners what use will be made of the information and who will have access to it. He added that the City violated a central part of the Data Practices Act. He stated that this issue was not brought to the State Department of Administration for a ruling. He further added that the City had indicated there was some problem with the maintenance of the road over time and, based on that, statements were made that it was appropriate to make an adjustment to the actual cost to the homeowners. He said the bids, which came in lower than the estimate, are now being considered an adjustment which is contrary to earlier statements that were made about working with the neighborhood to adjust the cost. Mayor Egan stated that he made statements in the best of good faith based on information he had at the time. He said that the information he had initially was a feasibility report estimate cost of just under $4,600. He also added that initially verbal representations were made about the street condition and since then staff has provided additional information regarding the maintenance that has occurred in 00378 00379 EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 20,1998 PAGE 9 this subdivision, a street rehabilitation summary comparing this project to other similar projects, and the bid results lowered the cost significantly. Mr. Gilbert stated that previously Mayor Egan said the City had been remiss in the maintenance of this street and the City's ordinance provides for a reduction where there are equitable reasons to do so. Fred Buddle, 4491 Oak Chase Lane, stated that there is a big difference between the estimate and the actual cost. He further stated that the appraisal process is ridiculous. He added that the City should pay for approximately $50,000 of costs that the residents are being asked to pay 75% of. Director of Public Works Colbert explained that the assessment was calculated according to the policy. Discussion occurred regarding the unit charges that are assessed at 75% to the residents. Mr. Ney stated that some of the item charges appear to be storm sewer related and should be paid 100% by the City. Director of Public Works Colbert said that staff uses their best judgment as to how the items are categorized according to their relationship with the work being performed. He added that the interpretations made with regard to how the costs were grouped in this situation were made consistent with past projects. Councilmember Wachter suggested applying a reduction of $800 per lot in addition to a reduction of $90 for a sealcoat that the street did not receive. Mr. Ney questioned the purpose of the quarterly storm sewer maintenance charge and suggested this charge be included with property taxes. Director of Public Works Colbert explained the purpose of the quarterly storm sewer utility charge. Councilmember Wachter moved, Councilmember Awada seconded a motion to close the public hearing. Aye: 4 Nay: 0 Councilmember Wachter moved, Mayor Egan seconded a motion to reduce the amount of the assessment by $890 per lot. Councilmember Masin questioned what version of the history of the road construction is accurate. Director of Public Works Colbert stated that there are no official City records and both versions are based on third party hearsay and are fairly similar. He added that, although the road construction was substandard by 1998 standards, the standards in 1972 were not as well-defined and, therefore; it is hard to say if the road construction was substandard. Councilmember Masin asked if any of the appraisers used by the City had indicated that there was a zero benefit. City Attorney Sheldon stated that one appraisal firm conducted the appraisals in this subdivision and the appraisals did not indicate a zero benefit. Councilmember Masin asked about the lack of a Tennessen Warning and if it is required. City Attorney Sheldon stated that it is the opinion of their office that the Tennessen Warning, as applied by this neighborhood, applies to people and not property and the City is protected. Councilmember Masin asked about the average and lowest assessment amounts that have been approved in the past. Director of Public Works Colbert stated that, according to his recollection, the lowest assessment amount for a street reconstruction project was probably $1,500 per lot four years ago in a neighborhood with more homes per street mile. He said that there are a lot of different variables to be considered when comparing costs of assessments for different projects. Councilmember Masin stated that usually, once the project is complete, residents are happy with the results and the amount of the assessment. She said if the process is changed at this point the other residents who have been assessed according to this policy need to be given consideration. She further said she would be willing to support looking at changing the process. Councilmember Awada commented that the City is one project away from being completely done with all the reconstruction of the original roads that were built in Eagan below the standards that exist 00350 EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 20,1998 PAGE 10 today. She said the proposed assessment is fair and in line with assessments for other similar projects and it would be unfair to the other neighborhoods who have been assessed according to the policy to lower the assessment for this neighborhood. Councilmember Wachter suggested an $800 reduction to the assessment amount and an additional reduction for two sealcoatings that were not performed. This would be close to Mr. Ney's estimated extra costs of $45,000. Mayor Egan said he supported Councilmember Wachter's motion because of statements made by him that were made in good faith based on certain information that was presented at the time and presumptions that were made in December, 1997. Councilmember Masin stated that the neighborhood expected a meeting for further discussion of their assessment. Director of Public Works Colbert explained that at the neighborhood meetings the residents referenced a desire to negotiate the cost but staff informed them that this type of discussion usually occurs at the final assessment hearing. Discussion occurred regarding the amount of the reduction. The motion was to include a reduction of $800 and a reduction of $180 which is the equivalent of two sealcoat applications, for a total reduction of $980 resulting in an assessment of $1,906.80 per lot. A vote was taken on the motion. Aye: 3 Nay: 1 (Councilmember Awada opposed) OFFICIAL MAP #669-1 (NORTHWOOD PARKWAY & DENMARK AVE - RIGHT-OF-WAY ALIGNMENT) City Administrator Hedges provided an overview on this item. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council. Councilmember Wachter moved, Councilmember Awada seconded a motion to close the public hearing and cancel Official Map #669-1 (Northwood Parkway and Denmark Avenue) until roadway alignments are agreed upon between USPS for Denmark and property owners along Northwood Parkway extended over 35-E. Aye: 5 Nay: 0 OLD BUSINESS PROJECT 673R, ADOPT RESIDUAL FINAL ASSESSMENT ROLL (RED PINE LANE - STREETS AND UTILITIES) City Administrator Hedges provided an overview on this item. Councilmember Blomquist moved, Councilmember Masin seconded a motion to continue consideration of adopting the residual final assessment roll for Project 673R (Red Pine Lane - Streets & Utilities) to January 19, 1999. Aye: 5 Nay: 0 APPROVE FINAL ALTERNATIVE URBAN AREAWIDE REVIEW (AUAR) DOCUMENT (GRAND OAK BUSINESS PARK) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert provided a history and summary of this environmental review process and the resulting mitigation plan. He mentioned that in adopting the Final AUAR Document, the City Council will be committing to implementing the incorporated mitigation plan that has a present estimated value of $1,090,000 for transportation related improvements. He further stated that while the City is not obligated to adopt a EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 20, 1998 PAGE 11 financing1plan at this time, the AUAR Document's study area share of the traffic generation is approximately 42% which equates to approximately $457,800, or $3,080 per net assessable acre. Greg Miller, representing Wispark, expressed concerns with the AUAR document because the study of traffic patterns, although based on current patterns, encompasses a 20 year timeframe, is very complex and is purely conjecture. He said that other developments and the network of state and federal highways that serve the region also contribute to the need for these mitigation measures but the onus is being unfairly placed on development in the triangle area. He added that in order to sell or develop the property it is necessary to have a defined obligation. He further added that they are willing to pay a fair share for the mitigation measures. David Salene, representing Parking Associates, generally concurred with Mr. Miller's comments and said he is not in agreement with all of the forecasted conclusions associated with development of the triangle area, especially those related to traffic. Councilmember Awada said that if the City does not set the policy and collect the mitigation costs prior to the development of this area there will be no authority to do so after development occurs. Mr. Salene said that they are not indicating they do not want to be responsible for costs that they create but want them defined as they occur rather than arbitrarily determined today. Director of Public Works Colbert stated that the problem is trying to identify which individual development will warrant which portion of the mitigation measures that will need to be implemented. Mr. Miller reiterated that the development of the triangle area will add only an incremental change to the existing regional transportation system. Mayor Egan said he does not see that any jurisdiction relinquishes its obligation to make factual determinations on improvements to the transportation system. He further said that the City is responsible for the implementation of the AUAR but not the creation. Mr. Miller proposed the City approve the AUAR and the mitigation plan with the proportionate share of mitigation costs to be determined at a later date. Mayor Egan said the City has to have some tangible criteria to determine if and when there is a need for any of these improvements. Mr. Miller asked if the criteria could be created in the future subject to hearings, public input and input from the State of Minnesota. Mayor Egan questioned if the developer would be waiving his rights to object to certain of these costs if the City approves the AUAR. Councilmember Awada said that the Council is open to the percentage that could be attributed to the projected traffic increase in the study area and the need to have the exact dollar amount identified. Mr. Miller said that existing corporate neighbors who will be using the same infrastructure will benefit but will not have to pay anything for these improvements. Director of Public Works Colbert stated that this process is very similar to the process that was used in regard to the Promenade development and the forecasting of transportation related improvements. He reiterated that the financing plan does not need to be adopted this evening but the Council needs to be aware that the Capital Improvements Program will have to be increased by one million dollars. He added that the formula was calculated on an acreage basis as opposed to number of cars or parking stalls because that information is not available. He further added that assumptions were based on what has occurred in the area, what is allowed by the land use and zoning and what is likely to occur. He stated that trying to project the saturation of different types of land uses is very difficult. Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve the Final Alternative Urban Areawide Review (AUAR) Document for the Grand Oak Business Park, authorize its implementation, and adopt the guidelines for review of development proposals. Aye: 5 Nay: 0 00381 00382 EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 20,1998 PAGE 12 Councilmember Blomquist requested staff provide additional information and said she wants to ensure that this proposed financing policy is not similar to that of the road unit charge. She said the costs should be fair and equitable to all land owners in this area. Director of Public Works Colbert explained that the financial portion will have to be addressed again as a potential condition of the preliminary plat approval for Wispark's development application scheduled for later in the agenda. EVEN/ODD YEAR PETITION City Administrator Hedges provided an overview on this item. Director of Finance/City Clerk VanOverbeke described the process that has been used in reviewing the petition. Mayor Egan provided additional history and background on this item. He commended all the people who signed the petition and indicated their desire to be more involved in this matter. He said that in a city of Eagan 's size not every ten to thirty thousand dollar line item is put on a referendum, but this is a significant issue that should be given fair and due consideration. He said he believed the intent of the people who signed the petition was to get this issue placed on a referendum for their input. He added that he was in support of this position. Councilmember Awada concurred and said that the Council was not able to legally put this matter on a referendum originally because it required the submission of a petition. Councilmember Awada moved, Councilmember Blomquist seconded a motion to affirm the Clerk's decision that a requisite petition had been received and direct staff to prepare a ballot question for an election in early 1999. Councilmember Blomquist questioned if the motion was only to affirm the Clerk's decision. Councilmember Awada stated that the motion also included directing staff to prepare language for a ballot question. Councilmember Blomquist withdrew her second to the motion. Mayor Egan restated Councilmember Awada's motion and Councilmember Wachter seconded the motion. Councilmember Blomquist indicated that she received a letter from Joseph Mansky, of the Secretary of States Office, that says the Council can rescind their previous action to change the election to odd years. She provided a copy of the letter for each member of the City Council. Mayor Egan restated that he feels the people who signed the petition wanted a democratic opportunity to participate in public discussion regarding this issue. Councilmember Blomquist said that she knows the people wanted to spare expenses by changing the election year and added that she is concerned with wasting additional staff time and tax dollars on this seemingly simple issue. Councilmember Masin requested that two separate motions be made. She stated that some of the people who signed the petition indicated they did not want the extra expense of a special election. She said that about 10,000 people will be disenfranchised if the election is changed to the odd year. She said she would prefer to affirm the Clerk's decision as one motion and discuss the second matter separately. Councilmember Wachter stated that the City runs the School Board election when it is held in the odd year which involves the same expense. Councilmember Blomquist disagreed with Councilmember Wachter. Councilmember Awada added that the same taxpayers are involved. A vote was taken on the motion. Aye: 3 Nay: 2 (Councilmembers Masin and Blomquist opposed) Betty Bassett, 2101 Wuthering Heights Road, stated that people who signed the petition indicated a desire to avoid the additional cost of holding an election in the odd year. She commented that changing the election will disenfranchise 75% of the eligible voters in Eagan. She mentioned that some people said 00383 EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 20, 1998 PAGE 13 that when there is an odd year election it is more possible for small pressure groups to control the election. She said it would be nice if the Council changed the election back to even years. Councilmember Wachter stated that.he feels the average voter is not informed about the people who run for City Council during even year elections because there are so many candidates running for other offices. Ms. Bassett said that it is the responsibility of the voters to become informed. Mayor Egan said that the 3,000 petitioners who have signed the petition want to be part of a democratic process and have the opportunity to vote on this matter. Ms. Bassett stated that not all 3,000 people who signed the petition necessarily wanted the election held in the even year but it seemed as if the majority of the people were opposed to the Council's action. Mayor Egan stated that signatures on the petition represent 10% of the registered voters of the last election and are not indicative of the majority and the other 90% should have an opportunity to be heard regarding this matter. Ms. Bassett said she hoped there would be an opportunity for this issue to be decided as part of the General Election and not during a special election. Mayor Egan added that the signatures were not received in time for this question to be put on the November 3 ballot. Jerry Sowells, 3536 Lexington Avenue, explained his position on this issue. He said that voter registration information shows that three times as many people vote in even years as do in odd years. Susan Souchery-Widmar stated that only the most zealous of voters turn out in odd year elections. She added that statistical studies have shown odd year elections do not attract large numbers of voters and urged the Council to repeal their initial action changing elections to odd years. Councilmember Wachter said that the reason the election year was changed was to utilize the staff who will already be working on the School Board election. He further said that no additional cost would be incurred. He noted that voters are more knowledgeable in the odd year. Mayor Egan stated that even year elections almost guarantee an incumbent win since most of the money is being spent on other federal and state races. Ms. Souchery-Widmar stated that the most informed voters are the ones who show up in an off year and, while that is commendable, it also mean that the election is more activist and zealot-oriented than democratic. -10 Councilmember Blomquist stated that people questioned why the School Board is holding their election in the odd year. Gale Anderson, 4295 Eagle Crest Drive, said he supported even year elections and 90%of the voters he has talked to also share his position. - Mayor Egan said that this issue has been thoroughly discussed and well-reported in the media and in other forums. He further said he is supportive of a referendum to give all voters the opportunity to be part of a democratic process. He provided voter statistics from past elections. Councilmember Blomquist stated that three times more people actually vote in even year elections in comparison to odd year elections. Joanie Davis said that elections should be held during the years that the most people go to the polls and requested the Council reconsider their action. Michael Vincent, 3786 Windtree Drive, said the Council should determine the timeframe that the special election will be held within. He further said that, after talking with other people, he feels the special election results will show that voters support even year elections. He added that time should be spent to provide information to voters regarding both sides of this issue and the proper notification 00384 EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 20,1998 PAGE 14 should be given informing people when to vote on this matter. Councilmember Awada stated that the petitioners had six months to present a petition and they did not submit it in time for the question to legally be placed on the November 3 ballot. She added that this matter needs to be addressed prior to the next General Election which is in two years. Mr. Vincent stated that people have indicated by submission of the petition that they are not in favor of odd year elections and the City Council has the opportunity to rescind their decision, educate the people and place this issue on a ballot during a General Election in the future. Councilmember Awada stated that the Council can only put an issue on a ballot if it involves the sale of bonds or in response to this petition. Councilmember Masin stated that this dilemma exists because the City Council made a decision without a lot of prior discussion. She further stated that if the Council holds a special election to address this issue they are overlooking the position of those petitioners who were in favor of saving money. She said the Council could rescind their action and have the question put on the ballot during the next major election. Councilmember Blomquist moved, Councilmember Masin seconded a motion to change the ordinance back to even year elections and put the question on a referendum for the next General Election. Aye: 2 Nay: 3 (Councilmembers Wachter, Awada and Mayor Egan opposed). The motion failed for lack of a majority. Mayor Egan asked if this issue could be placed on a referendum by the City Council. City Attorney Sheldon said that state law provides that if a requisite petition is filed the Council can either put the question on a referendum or repeal the ordinance. He added that if the ordinance is repealed the City Council cannot take action to hold an advisory election at a later date. Councilmember Blomquist restated that her motion was to repeal the ordinance. A vote was taken on the motion. Aye: 2 Nay: 3 (Councilmembers Wachter, Awada and Mayor Egan opposed). The motion failed for lack of a majority. NEW BUSINESS FINAL PLANNED DEVELOPMENT - NORTH AMERICAN PROPERTIES, L.L.C. 98-89 City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Director of Public Works Colbert stated that proper access to TH 149 may require reconstructing the frontage road to provide more of a loop back to accommodate truck turning movements. This in turn may require the site plan to be revised and shifted 20 feet to the east with additional right-of-way being provided. Phil Bettenberg, representing North American Properties, stated that moving the building back to accommodate the turning radius on Kutoff Court was not a problem and they will work with staff to get the proper design and setbacks. David Lynch, representing Twin City Wire, said that they have worked with North American Properties and have reached a mutual agreement on the future access to Outlot C. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a Final Planned Development (to allow a 45,136 square foot office/warehouse) upon property currently platted as Outlots A and B, Gopher Eagan Industrial Park 2nd Addition subject to the following conditions: The property shall be replatted into a single lot and block. 2. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City prior to building permit issuance. EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 20, 1998 PAGE 15 The following exhibits are required for the Final Planned Development Agreement: A. Final Site Plan B. Final Landscape Plan C. Final Building Elevations and Signage Plan D. Lighting Plan 4. The City shall reserve the right to require the construction of the proposed "proof of parking" stalls should the need arise. 5. The outside storage of materials, other than trash handling/recycling containers, shall be prohibited. 6. Retail sales activities shall be prohibited. 7. All trash and recyclable materials shall be stored inside the principal buildings or within a trash enclosure, attached to the principal building, which satisfies City Code requirements. 8. All exterior lighting shall be hooded and directed to deflect light away from adjacent properties and rights-of-way. 9. All site signage shall comply with applicable requirements of the City Code. 10. If Outlot C of Gopher Eagan 2nd Addition is not legally combined with Lot 2, Block 1, Gopher Eagan 2nd Addition (Twin City Wire) prior to building permit issuance, this development shall extend a utility easement across the property to allow Outlot C future connection to the sanitary sewer and water main systems within Kutoff Court. 11. If Outlot C of Gopher Eagan 2nd Addition is not legally combined with Lot 2, Block 1, Gopher Eagan 2nd Addition (Twin City Wire) prior to building permit issuance, a private ingress/egress easement shall be provided across this property for future access for Outlot C to Kutoff Court. Such easement shall minimally stipulate that access to both the subject property and Outlot C shall be achieved via a shared access point from Kutoff Court and shall be reviewed and approved by the City Attorney prior to issuance of a building permit. 12. The developer shall be responsible for obtaining MnDOT permit approval for any work within the Hwy. 149 right-of-way. 13. The developer shall be responsible for the reconstruction of Kutoff Court adjacent to the site to an urban section with new bituminous paving and concrete curb and gutter. 14. In keeping with the long range development plan for the site, the driveway access location for this development onto Kutoff Court shall be located within currently described Outlot A, Gopher Eagan 2nd Addition. If the developer wishes to relocate the intersection of Kutoff Court with TH 149 to more align with the driveway within Outlot A, the developer shall obtain an access permit from MnDOT for such work. The developer shall be responsible for all costs associated with the relocation including all improvements that may be required by MnDOT on TH 149 (i.e. turn lanes, bypass lanes, etc.). 00385 00386 EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 20, 1998 PAGE 16 15. Tree Protective measures (i.e. 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 16. The applicant shall contact the City Forestry Division at least five days prior to issuance f the grading permit to ensure compliance with the approve Tree Preservation Plan. 17. A cash dedication in lieu of on-site ponding shall be required for the development. The cash dedication shall be based on the area and the impervious characteristics of developed lot. 18. This development shall be responsible for a cash trails dedication. Aye: 5 Nay: 0 Chuck Thorkildson, 510 Rolling Hills Circle, commented on the shift in the parking and loading areas from the south to the east side and said he was concerned that there had not been discussions with the residents regarding these changes. Mr. Bettenberg responded that an additional neighborhood meeting was held and the neighborhood was supportive of the changes. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a Final Plat (Gopher Eagan Industrial Park 4th Addition) legally combining Outlots A and B, Gopher Eagan Industrial Park 2nd Addition into a single parcel of land. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION - PARKBROOK PROPERTIES (WALDEN HEIGHTS SECOND ADDITION) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a Preliminary Subdivision to create 17 lots on 8.36 acres on property currently platted as Outlot A, Walden Heights First Addition, located south of Walden Drive and west of Richard Lane in the NE 1/4 of Section 33 subject to the following conditions: The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3,1993: 131, B2, B3, B4, C1, C2, C3, D1, El 2. The property shall be platted. Grading The proposed pond grading in the northwest corner of the site within a future addition of Pine Tree Pass shall not begin until public easements for the pond and grading are obtained by the developer or dedicated with future platting of the Pine Tree Pass development. Storm Drainage An outlet pipe to drain the on-site wetland to Pond BLP-6 shall be in place prior to development of this property. 0038 7 EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 20,1998 PAGE 17 ,letlands/Water Quality 5. The low area in the northwest corner of the site containing a .43-acre jurisdictional wetland shall be excavated to provide on-site treatment for runoff from and through this parcel. The normal water elevation of the pond shall be set at approximately one-foot below the average elevation of the jurisdictional wetland boundary in order to protect nearby upland vegetation. The pond excavation shall include a 10-foot wide aquatic bench from the normal water level to one foot below normal water level, and side slopes below the bench should be 4:1. The pond shall have a minimum wet volume of 1.4 acre- feet. Utilities 6. This development shall extend the 16-inch trunk water main through the site from the south street stub and connect to the existing water main between lots 20 and 21, Hillcrest Addition, in accordance with the City Water Supply and Distribution Plan (1996). In the event the water main installation is petitioned as a public improvement, the project shall be approved by the City Council prior to final subdivision approval for this development. Streets/ Access/ Circulation This property shall not be allowed to develop until public street access to the west edge of the site is dedicated to the public and under contact for construction. Easements / Rights-of-Way/ Permits The developer shall obtain temporary grading easement from the property owners of Lots 15 and 16, Hillcrest Addition for the required grading and storm sewer necessary with the storm sewer connection on those properties. Tree Preservation Tree Protective measures (i.e. 4-foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/ woodlands to be preserved. 10. The applicant shall contact the City Forestry Division at least five (5) days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservatioh Plan. 11. The placement of retaining walls should be reviewed by City Forestry staff in the field prior to their construction. Parks and Recreation 12. A cash trails dedication is required. 13. City staff shall work with the developers of Walden Heights 2nd Addition and of the adjacent Pinetree Pass subdivision to acquire a combined 10-foot trail easement along the western edge of Lot 11, Block 1 for the purpose of a potential trail connection to the south. Aye: 5 Nay: 0 00388 EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 20, 1998 PAGE 18 Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a Variance of 5 feet to the required 30-foot front yard setback to allow a 25-foot setback from the public right-of-way for all lots in the development. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION - WISPARK CORPORATION (GRAND OAK TWO) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Director of Public Works Colbert stated that in order to approve this subdivision the City Council needed to add a condition stipulating the developer's responsibility of costs associated with the AUAR mitigation plan. Councilmember Masin asked if the MVTA or the Dakota County Transportation Specialist provided input on the AUAR document. Director of Public Works Colbert stated that the document was made available to both of those agencies. Greg Miller, representing Wispark, stated that he was in agreement with sharing the cost of necessary mitigation measures but requested that the number be identified and capped. Mayor Egan agreed that the amount needed to be capped but said it also needs to be adjusted for inflation. He added that the amount could be placed in escrow to fund future improvements and could be refunded if anticipated improvements are ultimately not necessary. Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve a Preliminary Subdivision consisting of 5 lots and 5 outlots on 57 acres located south of Blue Gentian Road, east of TH 55 in the north 1/2 of Section 2, 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, C4, D1, El, F1, G1, H1 2. The property shall be platted. 3. The developer shall insure that the building plans, materials and construction of the office portion of the building improvements are such that they will provide an interior sound level of 50 dBA as compared with a noise level of 70 DNL at the inner boundary of the noise zone. 4. Building designs must comply with the standards for building height and exterior treatment outlined in the Zoning Code. 5. The development shall meet its water quality mitigation requirements entirely through on-site ponding. Ponds should be constructed to meet the City of Eagan 's Detention Basin Design Standards. Skimmers of a design suitable to the City shall be installed on the outlet of all detention basins. The discharge pipes from the detention basins should be extended to the normal water level of Pond FP-1. 6. No grading or other disturbance shall be allowed below the crest of the pond slope except for disturbance associated with extending discharge pipes down to the normal water level of Pond FP-1. Those disturbed areas shall be restabilized with native perennial grasses consistent with existing grass types on the surrounding area. 00389 EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 20,1998 PAGE 19 7. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City standards. 8. Public right-of-way should be dedicated on Outlot E on the final plat for the subdivision to accommodate the re-alignment of the east end of the rural (gravel) section of Blue Gentian Road. 9. Outlot D shall be either: 1) transferred to the City for combination with the adjacent properties to the east, or 2) dedicated as right-of-way for Blue Water Road on the final plat. 10. The developer shall be responsible for a cash parks dedication and a cash trails dedication. 11. Any signage will require a permit and shall conform to the provisions of the Sign Code. 12. An Owner's Association shall be created, subject to review by the City Attorney's office, prior to final subdivision approval. Outlot B shall be transferred, with recording of the final plat, to the Owner's Association. 13. This development shall accept the City's determination of responsibility and costs of $3,080 per net developable acre for AUAR Mitigative Traffic Improvements as identified in the Final AUAR document approved on October 20,1998. The financial obligation shall be placed in an escrow account with the City to be used solely for financing the AUAR improvements and any unused amount will be returned to the payers upon full development of all the AUAR properties. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA NATIONAL LEAGUE OF CITIES CONFERENCE/YOUTH TRACK City Administrator Hedges commented that the NLC has waived registration fees for youth un4er 18 and the LMC is offering to provide a scholarship for two young people, ages 15 to 18, which will cover additional expenses associated with conference attendance. He said that the City can submit the names of two youth from the community for scholarship consideration. Councilmember Masin suggested contacting the two individuals who received scholarships from the Eagan Foundation in addition to the local School Districts. FOOTINGS AND FOUNDATION PERMIT/PARKVIEW GOLF COURSE Councilmember Wachter moved, Councilmember Blomquist seconded a motion to approve the issuance of a footings and foundation permit to Parkview Golf Course with the understanding that the actual building permit will not be issued until there is agreement regarding the amount of assessment charges. Aye: 5 Nay: 0 PROJECT 749, EAST TH 55 - SOUTH FRONTAGE ROAD COOPERATIVE AGREEMENT RESOLUTION 98-90 Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the resolution requesting funding from the Minnesota Department of Transportation through a cooperative agreement for Project 749 (East T.H. 55 South Frontage Road - Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 20,1998 PAGE 20 00350 PROJECT 750, ACCESS MODIFICATIONS & NEW FRONTAGE ROAD 98-91 COOPERATIVE AGREEMENT RESOLUTION Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the resolution requesting funding from the Minnesota Department of Transportation through a cooperative agreement for Project 750 (Access Modifications & New Frontage Road - Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 ROUND TABLE Councilmember Awada stated that she received a letter from Larkin Hoffman extending an invitation to a meeting next Tuesday regarding light rail. Councilmember Blomquist said that she attended the last Airport Relations Commission meeting and is concerned about the Valley View neighborhood and will be providing ideas for noise monitoring to City Administrator Hedges to share with the new Assistant City Administrator. ADJOURNMENT The meeting adjourned at 11:50 p.m. to an Executive Session to consider pending litigation and to seek direction regarding contract negotiations with the Police Dispatch Unit. Present were Mayor Egan and Councilmembers Wachter, Awada and Masin, City Administrator Tom Hedges, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. October 20, 1998 Date MLK City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance.