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07/18/1995 - City Council Regular `U ' r MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 18, 1995 A regular meeting of the Eagan City Council was held on Tuesday, July 18, 1995 at 6:30 p.m. at Black Hawk Middle School. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin and Hunter. Also present were City Administrator Tom Hedges, Community Development Director Peggy Reichert, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. , a Awada moved, Hunter seconded a motion to adopt the agenda as presented. Aye: 5 Nay: 0 TIE~;~~GY'.............. EiA~±tEEtt Awada moved, Hunter seconded a motion to approve the minutes as submitted. Aye: 5 Nay: 0 ~ff~PRTM;EN' EI~Q BUSINE3 APRNRC RECOMMENDATION ON MOSQUITO CONTROL Administrator Hedges reviewed action taken by the Advisory Parks, Recreation & Natural Resources Commission relative to this issue. After some discussion, Hunter moved, Masin seconded a motion to continue this to August 1, 1995. Aye: 5 Nay: 0 AGREEMENT WITH GOPHER SMELTING, LAND EXCHANGE FOR NORTH PARK Administrator Hedges gave an explanation on this land exchange. Awada moved, Hunter seconded a motion to approve the land exchange agreement with Gopher Resource Corporation for the development of North Park, and authorize execution of the agreement. Aye: 5 Nay: 0 Councilmember Hunter noted that the first new fire truck purchased by the City of Eagan was retired on Saturday and donated to a historical museum. Mayor Egan commended the Fire Department on having this unit in service for so many years. Councilmember Hunter concurred, noting that the Fire Department does a lot of their own service on these vehicles. DNS:[=N'IENDI In regard to Item D, Contract 95-07. Director of Public Works Colbert noted that the DNR raised concerns with discharge of the storm sewer and related improvements and its impact on the Nicols fen and the Minnesota River Valley. He indicated they would like to award this contract in two phases. He would like to go ahead with the street reconstruction, and delay the storm sewer improvements and do them under a separate contract. The plans presented are for the street reconstruction only. Councilmember Hunter asked whether Mr. Spencer's situation has changed. Director of Public Works Colbert noted that Mr. Spencer has not changed his position. He was told that if he does change his mind, he would have to incur some of the costs to change the plans. Wachter moved, Hunter seconded a motion to approve Contract 95-07 for street reconstruction only, with a delay of the storm sewer improvements. Aye: 5 Nay: 0 In regard to Item G, Contract 95-11. Councilmember Wachter requested clarification, and Administrator Hedges responded. A. Personnel Items Item 1. It was recommended to approve the hiring of Scott Harlicker as a Planner in the Community Development Department. Item 2. It was recommended to approve the hiring of Kevin Crooks as a Utility Maintenance Worker, contingent upon successful completion of the physical examination requirement. EAGAN CITY COUNCIL MINUTES: JULY 18, 1995';: , PAGE 2 Item 3. It was recommended to accept the letter of resignation from Administrative Intern Robert Rys. B. Change Order. Fire Department Emergency Support Vehicle. It was recommended to approve the change orders resulting In a net addition of $2,056 to be funded from the equipment revolving fund. C. Classification of Tax Forfeited Propery. It was recommended to declare Parcel 10-00800-011-50 as having public purpose and request acquisition of that parcel; and declare Parcels 10-14301-010-00 and 10- 84275-050-00 as non-conservation land. D. Contract 95-07. Nicols Road Street Reconstruction. (Action was taken earlier on this item.) E. Contract 93-UU. Acknowledge Completion. Diffley Commons 3rd Addition Streets and Utilities. It was recommended to acknowledge completion of Contract 94-UU and authorize perpetual City maintenance subject to warranty provisions. F. Contract 94-RR. Acknowledge Completion. Amundson Addition Utility Services. It was recommended to acknowledge completion of Contract 94-RR and authorize perpetual City maintenance subject to warranty provisions. G. Contract 95-11. Municipal Center Irrigation. It was recommended to approve plans and specifications and authorize advertisement for bids for installation of irrigation system for the Municipal Center complex. H. Re guests for Proposals. Janitorial Services for Municipal Center, Fire Administration and Maintenance Facil' . It was recommended to approve advertisement for Requests for Proposals for janitorial services for the Eagan Municipal Center, Fire Administration and Maintenance Facility. 1. Authorize Bid Altemate. Municipal Center Media Systems Bid. It was recommended to authorize a bid alternate for independent control of Council Chamber microphones In the media systems bid. J. Change Orders. Police Department and Municipal Center Expansion. It was recommended to approve change orders for the Police Department and Municipal Center expansion as presented. K Authorize Agreement with Dakota Energy Alternatives for Electrical Generator for Civic Areria. It was recommended to authorize Eagan Civic Arena to enter into a contract with Dakota Electric for a Gensete generator. L Appointment. Solid Waste Abatement Commission Alternate. It was recommended to appoint Rick Patraw as the alternate member to the Solid Waste Abatement Commission. M. Final Subdivision. Eaaandale Center Industrial Park No. 11. It was recommended to approve the final subdivision. R-95.18 Wachter moved, Hunter seconded a motion to approve the consent agenda as presented. Aye: 5 Nay: 0 5~< VACATION OF T.H. 13 SERVICE DRIVE (EAGAN 13 INDUSTRIAL PARK) Administrator Hedges gave a brief Introduction and Director of Public Works Colbert gave a staff report. He noted that because additional easements had to be acquired, additional legal costs and recording fees in the amount of $375 were incurred. He asked whether these additional costs should be borne by the applicant. Councilmember Hunter indicated he doesn't feel it would be fair to impose this because it is not supported by the code or fee tables. Mayor Egan then opened the public hearing to any- one wishing to speak. There being no one wishing to speak, Mayor Egan turned the discussion back to the EAGAN CITY COUNCIL MINUTES; JULY 18, 1995 PAGE 3 Council. Hunter moved, Wachter seconded a motion to close the public hearing and approve the vacation of public right-of-way for the T.H. 13 service drive within the Eagan 13 Industrial Park; and that provisions be incorporated in the fee table to allow the city to recuperate these kinds of costs In the future. Aye: 5 Nay: 0 VACATION OF EASEMENTS, RAHNCLIFF 2ND AND 3RD ADDITIONS After an introduction by Administrator Hedges, Director of Public Works Colbert gave a staff report. He noted that this was to concur with the Rahncll f 4th Addition; however, the plat isn't ready. He recommended the public hearing be dosed and continue consideration of this until the final plat for Rahncliff 4th Addition is ready. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one wishing to speak, Hunter moved, Awada seconded a motion to close the public hearing and continue consideration of vacating drainage and utility easements as described within the Rahncliff 2nd and 3rd Additions to be approved concurrent with the final subdivision of the Rahnciifl 4th Addition approval at a future meeting. Aye: 5 Nay. 0 PROJECT 686, WOODGATE LANE STREET RECONSTRUCTION After an introduction by Administrator Hedges, Director of Public Works Colbert and Greg Stone- house, of MSA Consulting Engineers, gave a staff report. Discussion followed concerning the road materials and deterioration of this street. Councilmember Masin asked whether the City can go back to the person who designed this street and Director of Public Works Colbert suggested that at the time, that may have been an acceptable design. The streets were built to the standards of that time. Standards are higher now. Ken Kradle, 4333 Teal Cove, noted that Teal Cove and Nestling Circle do not need to be replaced. He has no access to Woodgate Lane and it doesn't benefit him. They take access from Johnny Cake Ridge Road and will be assessed when that is upgraded. Director of Public Works Colbert indicated that when Improvement projects are proposed, neighborhoods and subdivisions are looked at in their entirety so all improvements in an area are done at the same time. These two cul-de-sacs could be deleted If the Council wishes. Colleen Shogren, 4345 Teal Cove, indicated she is opposed to these improvements because the streets are not In need of repair. She also presented a letter from a neighbor who lives on Teal Cove who is also opposed. Shellie Kyllo, 1742 Drake Drive, spoke in favor of the project, but expressed a concern that Wood- gate Lane has undeveloped property. She feels it would make more sense to put the road in after the area is developed because construction trucks will deteriorate the road. Director of Public Works Colbert indicated there is a development that is going ahead this Fall and individual utility connections need to be installed. They would like to delay the final surface of the street so the road can go through a freeze/thaw cycle and provide for better compaction of the road. That way, problem areas can be Identified and dealt with prior to the final lift being Installed. If the project is delayed, he isn't certain they would be able to maintain Woodgate Lane In passable condition. Mayor Egan then turned the discussion back to the Council. Hunter moved, Wachter seconded a motion to close the public hearing and approve Project 686, with the removal of Teal Cove and Nestling Circle, and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 CONTRACT 95-08, TIMBERLINE ADDITION STREET RECONSTRUCTION Director of Public Works Colbert gave a staff report, noting that the bids came in substantially lower than the estimates In the feasibility report. Awada moved, Wachter seconded a motion to receive the bids for Contract 95-08 and award the contract to the lowest responsible bidder; and the revise the pending assessment roll to reflect the preproject appraisal maximum benefit. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MINUTES; JULY 18, 1995 PAGE 4 REQUEST FOR EXTENSION, GARDENWOOD PONDS PRELIMINARY SUBDIVISION After a brief introduction by Administrator Hedges, Community Development Director Reichert gave a staff report, noting that the applicant today submitted a final plat application. She noted that although the final plat has been submitted, it will not be approved within the one year deadline. After discussion concerning the wetlands condition, George Seagraves, Vice President of Joe Miller Homes, noted that the business arrangement with Mr. Govern and Mr. Miller has been worked out. Their final plat has been sub- mitted, and they are withdrawing their request for an extension. Their attorney's interpretation of the state statute is that as long as the final plat Is submitted within the one year period, the requirement is satisfied. After more discussion concerning interpretation of state statute regarding submission of final plats, Hunter moved, Awada seconded a motion to acknowledge the withdrawal of extension of plat. Aye: 5 Nay: 0 "W"M PIMA PRELIMINARY PLANNED DEVELOPMENT AMENDMENT, PRELIMINARY SUBDIVISION AND CONDITIONAL USE PERMIT - TWIN CITY FEDERAL BANK After a brief introduction by Administrator Hedges, Community Development Director Reichert gave a staff report. Bruce Miller, of Federal Land Company, reviewed their proposal, noting that the reconfiguration of this property results In a reduction in the total square footage by 8,600 square feet. He pointed out a correction in the staff report, that only 21 parking spaces are required, and this was verified at the Planning Commission meeting. He urged Council approval. Mayor Egan indicated a concern about setbacks and what it could do to the integrity of the retail space. Mr. Miller responded that they are not in a position to announce who might go into the retail space, and indicated they are prepared to deal with the right-of-way issue with the second phase of the development. After some discussion, Hunter moved, Awada seconded a motion to approve the two-phase Preliminary Planned Development Amendment consisting of four commercial buildings on 9.8 acres currently platted as Outlot D, Park Center Addition, subject to the following conditions: 1. The developer shall execute an amendment to the existing Planned Development Agreement to incorporate the revised layout and terms. The amended Planned Development shall expire five years from the date of Council approval. 2. The City approves the preliminary site, grading, utility, lighting and elevation plans dated May 1, 1995 with the latest revision dated May 26, 1995. 3. The preliminary site plan provides for a 5,200 square foot bank with seven drive-thru service lanes; a 195 seat/5,400 square foot Class I restaurant; a 30,510 square foot retail building, and a 37,300 square foot retail building. 4. All building, parking/drive aisle, and landscaped areas shall be properly maintained. 5. The developer shall remove the existing sidewalk and replace it as shown on the Phase I Site Plan dated May 25, 1995. 6. A final planned development agreement for each phase shall be executed prior to final subdivision and final planned development approval. The following exhibits are necessary for this agreement: final site plan, final building elevation plan, final sign plan and final landscape plan. 7. All buildings shall be constructed of brick that matches the type and color of the brick used on the previous developments within the Park Center Planned Development. 8. All trash/recycling containers shall be stored within the building or in an enclosure attached to the principal building and constructed with a brick exterior to match the principal building. EAGAN CITY COUNCIL MINUTES; JULY 18, 1995 PAGE 5 9. All rooftop mechanical equipment shall be screened from view. 10. All building/directional and pylon signage shall comply with the City code and the Park Center Pylon Sign Agreement. 11. The developer shall revise the preliminary planting plan to incorporate additional planting islands to equal at least 5% of the large parking area. 12. All landscaped and green areas shall be served by an underground Irrigation system. Aye: 5 Nay: 0 Hunter moved, Awada seconded a motion to approve a preliminary subdivision for Park Center Fifth Addition, subject to the following conditions: 1. The developer shall comply with standard conditions of plat approval Al, B1, C1, C2, C4, El, F1 and H1, as adopted by the Council on February 3, 1993. 2. The developer shall plat the property. 3. The developer shall provide a catch basin structure connected to the existing storm sewer along the east edge of the site to drain storm runoff from the ditch south of the existing access point to Taco Bell. Aye: 5 Nay: 0 Hunter moved, Awada seconded a motion to approve a conditional use permit to allow a pylon sign on Lot 1, Block 1, Park Center Addition. Aye: 5 Nay: 0 PRELIMINARY PLANNED DEVELOPMENT AMENDMENT, PRELIMINARY SUBDIVISION, HOFFMAN HOMES, INC. After a brief introduction by Administrator Hedges, Community Development Director Reichert gave a staff report. Discussion followed concerning access and street design. Pat Hoffman, of Hoffman Homes, reviewed the project and urged Council approval. After some discussion, Wachter moved, Masin seconded a motion to approve the preliminary planned development amendment to allow residential development on approximately 24 acres currently platted as Outlot E, Cliff Lake Center, subject to the following conditions: 1. Execution of a planned development amendment agreement. 2. The amended planned development shall expire five years from Council approval. 3. A 28 building, 70 unit, twin and quad home residential project to be platted as 'Cliff Lake Shores' is approved as shown on the site plan dated May 26, 1995 for Outlot E, Cliff Lake Centre as part of the Eagan Hills West Planned Development. 4. A final planned development agreement for this site shall be executed prior to final subdivision and final planned development approval. The following exhibits are necessary for this agreement: final site plan, final building elevation plans, and final landscape plan superimposed on the final grading plan. 5. All landscaped and green areas shall be served by an underground Irrigation system. 6. All trash/recycling containers shall be stored in individual garages. Aye: 5 Nay: 0 Wachter moved, Masin seconded a motion to approve the preliminary subdivision for Cliff Lake Shores, consisting of 73 lots on approximately 24 acres, subject to the following conditions: EAGAN CITY COUNCIL MINUTES; JULY 18, 1995 PAGE 6 1. The developer shall comply with standard conditions of plat approval Al, B1, B2, B4, C1, C2, C3, C4, D1, Ell, F1, G1 and H1 as adopted by Council on February 3, 1993. 2. The developer shall plat the property. 3. The developer shall be responsible for preparing and recording with the plat, appropriate documents establishing a homeowner's association. The documents must be submitted and approved by the City Attorney's office prior to final subdivision approval. Transfers of common areas to the homeowner's association shall be recorded with the plat. 4. The developer shall construct additional catch basins near the entrance to the development. 5. The developer shall provide detailed plans and specifications for the retaining wall construction. 6. The developer shall provide measures to prevent erosion from occurring into Cliff Lake and off site. 7. The developer shall delineate the buffer area from the lake as a permanently protected area on the grading plan. 8. The developer shall mark, in the field, the limits of this buffer area prior to any site grading. 9. The developer shall prepare a private ingress/egress document to be reviewed and approved by the City Attorney's Office prior to Council action on the final subdivision. The developer shall record the private Ingress/egress easement with the plat. 10. The developer shall pay a cash water quality dedication. 11. The developer shall be responsible for providing access to the exception parcel (Boesel Farm). Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION AND CONDITIONAL USE PERMIT - R. L JOHNSON After a brief introduction by Administrator Hedges, Community Development Director Reichert gave a staff report. Rob Johnson, of R. L Johnson Company, urged Council approval. Hunter moved, Wachter seconded a motion to approve the preliminary subdivision for Apollo Addition, subject to the following conditions: 1. The developer shall comply with standard conditions of plat approval Al, B1, B2, B4, C1, C2, C4, D1, E1, F1, G1 and H1 as adopted by Council action on February 3, 1993. 2. The developer shall plat the property. 3. The developer shall revise the grading plan to incorporate a larger on-slte storm water pond or a drainage plan that catches the runoff between Lots 1 and 2 and routes it to EP-1. 4. The developer shall extend the existing culvert pipes to a point at the normal water level of Pond EP-1. 5. The developer shall provide detailed plans and specifications for any retaining walls to be constructed. 6. The developer shall upgrade all parking and staging areas to current City standards. EAGAN CRY COUNCIL MINUTES: JULY 18, 1995 PAGE 7 7. The developer shall prepare a private ingress/egress document to be reviewed and approved by the City Attorney's office prior to Council action on the final subdivision. The developer shall record the private ingress/egress easement with the plat. 8. The developer shall work with staff to determine appropriate off-site planting locations for approximately 100 of the mitigation trees required by the City's tree preservation guidelines. 9. The developer shall provide tree protective measures installed at the drip line or at the perimeter of the critical root zone, whichever is greater, of the significant trees/woodlands to be preserved. 10. The developer shall contact the City Forestry Division at least five days prior to any site grading to ensure compliance with the approved tree preservation plan. 11. The developer shall be subject to a cash park, trail and water quality dedication. 12. The developer shall revise the landscape plan to incorporate landscaping for the entire subdivision. Aye: 5 Nay: 0 Hunter moved, Wachter seconded a motion to approve a conditional use permit to allow storage of semi-trailers on a portion of Lot 1, Apollo Addition, subject to the following conditions: 1. This conditional use permit shall be recorded with the plat at Dakota County. 2. Outdoor storage shall be limited to semi-trailers. 3. The storage area shall be screened from Apollo Road. 4. The outdoor storage of semi-trailers shall be discontinued upon the termination of Anchor Hocking's interest in the property or the assignment or subleasing by Anchor Hocking of more than 20,000 square feet of the existing space within the building located at 900 Apollo Road. Aye: 5 Nay: 0 Councilmember Masin gave an update on the recent Dakota County League of Governments meeting. Mayor Egan updated the Council on the status of the Livable Communities Bill. Discussion followed on affordable housing. Administrator Hedges reminded the Council of the upcoming A.M.M. and M.L.C. meetings, noting that Mayor Egan is being nominated for president of the M.L.C. He also noted there will be an executive session following this meeting. MM40 EN: Special City Council Meetings. Awada moved, Wachter seconded a motion to set special Council meetings for August 1 at 4:00 p.m. and August 15 at 5:00 p.m. Aye: 5 Nay: 0 Grading Permit. Lull Industries. (Since neither of the affected property owners were present, the agenda was suspended to the Round Table to allow more time for them to be in attendance for this item.) tW:::' -A-B.f Director of Public Works Colbert reviewed some problems that have been experienced with the closure of Dodd Road. He noted Dodd Road is open to local traffic only, and the Police Department has I it EAGAN CITY COUNCIL MINUTES; JULY 18, 1995 PAGE 8 had to enforce that periodically. People have been using it because they feel the designated detour Is too long and out of the way. Councilmember Wachter asked about regulation of comer food stands. Administrator Hedges noted that the one at Yankee Square Is gone. Community Development Director Reichert indicated the code needs to be clear on this Issue that a conditional use permit is needed and it should not be in an area that interferes with access or parking. Discussion followed. Councilmember Wachter indicated he would like to look at the expense of having staff cars versus using their own and getting paid for mileage. Councilmember Awada noted she spoke to John Young and he apologized for not being at the last meeting. He didn't feel he was supposed to attend the meeting and would like the issue of his trash enclosure to be placed back on the agenda in August. Discussion followed. Community Development Director Reichert noted that the Council clarified its position that a conditional use permit is required. The Council can reconsider that decision If it wishes. Councilmember Masin indicated she would like to reconvene the workshop after adjournment of this meeting to discuss an issue. Mayor Egan acknowledged the request. Councilmember Hunter asked about the review of the off-street parking restrictions. Director of Public Works Colbert indicated he is in the process of assembling a report on this and will present it at an upcoming workshop. Councilmember Hunter indicated he continues to be concerned about the situation on Town Centre Drive, and If this will take a long time, he feels parking should be restricted on the north side of the street. Mayor Egan asked to have this scheduled at an upcoming workshop. Councilmember Hunter indicated he went out to Delosh Addition and because he isn't sure how to best get to this property, he would like to go there with a staff member. Director of Public Works Colbert indicated he would be happy to go out there with him and review the history of the property. (At this time, the Council went back to the Administrative Agenda.) Grading Permit, Lull Industries. Administrator Hedges reviewed this request and the downstream and storm sewer issues needed in order to satisfy the grading permit. Director of Public Works Colbert then gave a staff report. He indicated he received a letter of concern from the Leftner Construction Company which is downstream from Lull Engineering, about the amount of runoff from the property. Staff worked with Lull Industries to create an on-site ponding basin to detain the surface water runoff coming from the new parking lot and a portion of the outside staging area. Mr. Lehner continued to have concerns. There is a natural drainage ravine that crosses Mr. Leftner's property, goes through a wooden trestle culvert underneath the railroad tracks and drains into the Minnesota River Valley. There has been continued erosion of sediments through the trestle and into the wetland area. Because of this situation, staff brought consideration of this permit to the City Council. It appears that there is a natural entrapment of runoff due to the construction of a berm, and as a result, approximately ten truckloads of sediments had to be removed because It almost plugged the culvert under the trestle. There are other properties that drain into this culvert, such as the property south of Meadow View Road, which Is a gravel, unimproved rural ditch section. In 1991, there was a proposal to improve Meadow View Road with curb and gutter and storm sewer Improvements and the project was denied based on objections to assessments. As Incremental improvements in the upstream drainage basin continue to occur, the volume and rate and duration of runoff continues to increase. No one project can be identified as the source of the problems. The grading permit by Lull Industries is of a significant size that objections are now being received associated with the Incremental development of an undeveloped area of Eagan adjacent to the Minnesota River Valley. Considerable discussion followed concerning the existing conditions, how much of the problem would be contributed by the grading permit for Lull Industries, and how Installing storm sewer south of Meadow View Road would alleviate the problem. Director of Public Works Colbert reviewed the operation of Lehner Construction, noting that it is an undeveloped, unpaved condition which is highly erodible. If the culvert under the trestle ever blocked, it would create Instant ponding on Mr. Leftner's property and could create a situation where the trestle could wash out. He noted that it is a problem that needs to be resolved, and EAGAN CITY COUNCIL MINUTES; JULY 18, 1995 PAGE 9 the Council needs to decide at what point of Incremental development In the drainage it needs to be done. It presents a policy question. Mayor Egan asked about liability issues in the event the Council approved this grading permit. City Attorney Sheldon reviewed case law pertaining to surface water drainage. Considerable discussion followed concerning liability, establishment of benefit, installation of a holding pond, and the costs involved with the installation of storm sewer. Councilmember Masin indicated she is not comfortable allowing the grading without doing something to prevent the erosion. She doesn't feel it is fair to negatively affect the property downstream when the City is aware of the problem. Councilmember Awada concurred. Discussion followed concerning drainage on the Lull Engineering property. Jim Wisnoski, of Lull Engineering, indicated that their concern was with the steep acceleration off the back part of the hill. They asked the city to level it off somewhat to increase the permeable surface In the lower level. He doesn't feel the ponding will increase the amount of water; he feels it will decelerate it, along with the grading in the back. Mayor Egan asked whether there are any reasonable modifications to the grading plan to mitigate Mr. Leltner's concerns without shifting the problem to someone else. Director of Public Works Colbert noted that when the conditional use permit was issued, one of the conditions was that by this Fall, an overall drainage evaluation must be provided to the City regarding the entire site. A storm sewer on Meadow View Road could intercept a lot of the drainage from the south of Meadow View Road and opposite Highway 13 and pick up the drainage from the proposed ponding area. They could also modify and better define the ponding area through some minor berm installation and detain the water with a restricted outfall or pipe onto an existing natural ravine to handle the runoff that currently exists on the west side of the building. That would divide the drainage shed of Lull Engineering and put both of them into a detention basin--one near Meadow View Road that would outlet into a storm sewer system; and the other in a lowland area that would outlet through a culvert and eventually get Into the river valley by way of the railroad drainage ditch. Mayor Egan asked whether they could adopt the proposed modifications which will help to alleviate some of Mr. Leitner's concerns and help to expedite this matter. Councilmember Hunter indicated that the proposal Is to resurrect the storm sewer project as a part of this. Discussion followed concerning what is proposed to prevent further erosion. Mr. Wisnoski expressed a conceal about delaying this. Councilmember Hunter clarified that the Council Is not proposing to delay this. Mr. Wisnoski raised the Issue of the back part of the property. Councilmember Hunter indicated he feels that could be dealt with when the grading plan for the entire property is developed. He is simply proposing that the permit be approved and staff directed to resurrect the Meadow View storm sewer project. It is not a condition of the approval and it is not a delay, so he doesn't understand his objection. Mayor Egan indicated he will support this. These issues can be further reviewed when the storm sewer proposal comes before the Council. It won't be approved If it is not economically feasible. Councilmember Awada noted that it will be more likely to be economically feasible if there Isn't the alternative of having the water drain over someone else's land. The problem for Mr Lehner won't be solved unless the public improvement Is Installed. The problem needs to be dealt with. Councilmember Wachter added that anything less than installing storm sewer is a bandaid approach to the problem and It won't be solved any other way. Councilmember Masin asked If the storm sewer is ordered in, whether all of the extra grading in the back is necessary. Director of Public Works Colbert indicated he feels the grading in the back will be addressed when the overall drainage plan is done. Right now, the major drainage concern is associated with the parking lot expansion and grading that will direct more runoff into the ravine, which can be resolved by putting an interceptor storm sewer down Meadow View Road to pick up that drainage. If the grading permit is approved tonight, the Council needs to decide whether they want to place conditions on the permit In relationship to financial participation in the storm sewer down Meadow View Road. Councilmember Awada feels the Council should. She doesn't feel the grading can be allowed without a storm sewer. 1 ~ w.t,4 0 If EAGAN CITY COUNCIL MINUTES; JULY 18, 1995 PAGE 10 Awada moved, Hunter seconded a motion to issue the grading permit, subject to the applicant signing a waiver of objection to the storm sewer assessment, and direct staff to initiate Project 615R as soon as possible. Councilmember Hunter emphasized that this project Is being resurrected primarily because of the drainage problems from Lull Engineering and that is why the waiver Is being required. Aye: 5 Nay: 0 Discussion followed concerning when the project will be done. 119 Wachter moved, Egan seconded a motion to approve the check register dated July 14, 1995 in the amount of $1,787,102.81. Aye: 5 Nay: 0 • ~QUH~tKI[E1T Awada moved, Wachter seconded a motion to hold an executive session. Aye: 5 Nay: 0 At 9:37 p.m. the Council adjourned the meeting to resume the work session and hold an executive session. DLP July 18, 1995 L Date City Clark 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, sexual orientation, disability, age, marital status or status with regard to public assistance.