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05/15/1995 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota May 15, 1995 A regular meeting of the Eagan City Council was held on Monday, May 15, 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. was, Masin moved, Awada seconded a motion to adopt the agenda. Aye: 5 Nay: 0 wool W~~W# o,ffs Councilmember Hunter noted on page 5, paragraph 4, that he also disagreed with changing the assessment for Crate Prospects. He also requested that on page 8, paragraph 2, that the sentences, "He feels residential zoning is too long-term. He feels many business owners are willing to pursue a planned development." be replaced with, "He felt that rezoning to residential will not solve incompatibility problems for many years. He also stated that he felt most of the property owners did not want a planned development because of the time and effort involved." Wachter moved, Hunter seconded a motion to adopt the minutes as amended. Aye: 5 Nay: 0 Councilmember Wachter suggested that the Public Works Director look into the possibility of using retread tires rather than new as he felt money could be saved. In regard to Item A, Personnel Items, Councilmember Wachter requested clarification on the reorganization of the Public Works Department and Director of Public Works Colbert gave an explanation. In regard to Item F, Amend 1995 Fee Schedule. Building Permit and Plan Check Fees, Councilmember Wachter asked whether this is stricter than it was before and Chief Building Official Doug Reid gave an explanation, noting this is about in the middle of what other communities are charging. In regard to Item 0, Change Orders, Police Department Building Project. Councilmember Wachter requested clarification on several issues, noting he feels several items are too high. In regard to Item Q, Project 681. N. Nicols Road Street Reconstruction. Request to Modify Scope of Project. Councilmember Masin questioned how the Council wants to handle this request. Councilmember Hunter proposed to deny this request and proceed as approved at the last meeting, or give him one more chance to agree to pay for all of the costs. Director of Public Works Colbert suggested he could have him sign a waiver of objection to assessment. In regard to Item R, Approve Contract with Dakota County Soil and Water Conservation District for Erosion Control Services. Councilmember Wachter asked whether this additional amount is In the budget. Director of Public Works Colbert noted this wouldn't come out of the General Fund. It would be assessed to the developer's escrow account or to the public improvement project. He reviewed the typical costs for a single family residential development. EAGAN CITY COUNCIL MINUTES; MAY 15, 1995 PAGE 2 In regard to Item T, Vacation of Drainage and Utility Easements. Cliff Lake Townhomes. Councilmember Masin noticed that the wetlands in that area are getting smaller. Director of Public Works Colbert indicated if there is any encroachment into the wetlands, the developer must replace them at a 2 to 1 ratio. He indicated he can do a field inspection if the Council wishes. In regard to Item V, Resolution, Set Public Hearing. Tax Exempt Financing. YMCA of Greater Saint Paul, Councilmember Masin asked why Eagan is taking responsibility for the construction of something in Woodbury. Administrator Hedges explained that this is just a financing mechanism. The City of Eagan is just offering their tax exempt status for bond purposes. A. Personnel Items Item 1. It was recommended to approve the hiring of Todd Burkart as the Civic Arena Manager. Item 2. It was recommended to approve the hiring of Robert Hodgman as a temporary, seasonal, part-time Summer Recreation Program Assistant. Item 3. It was recommended to approve the hiring of Antar Washington as a seasonal, part-time Maintenance Worker for the Youth Development Program. Item 4. It was recommended to approve the hiring of Brian Blair as a temporary Engineering Intern. Item 5. It was recommended to approve the reoganization of the Public Works Department, including the reclassification of Kelly Janes to Utility Operation/Maintenance Supervisor, the reclassification of Paul Heuer to Systems Analyst, the creation of a Water Treatment Tech/Supervisor position, the reclassification of Dale Ronning to Engineering Technician and the reclassification of Nancy Bailey to Office Supervisor/Central Services Maintenance. Item 6. It was recommended to approve the reoganization of the Planning Division of the Community Development Department, including the elimination of the City Planner position, the creation of an additional Senior Planner position and an Associate Planner position, and the reclassification of the current Project Planner positions to Planner positions. Item 7. It was recommended to accept the letter of resignation from John Wingard, Development/Design Engineer. B. Plumbers Licenses. It was recommended to approve the plumbers license for Dave's Professional Plumbing as presented. C. Final Approval. Comprehensive Guide Plan Amendment. Rezoning and Preliminary Subdivision. Mallard Park 4th Addition, it was recommended to approve the Comprehensive Guide Plan Amendment from D-III Mixed Residential and RB Roadside Business to D-1 Single Family; and to approve the rezoning from R-4 and RB to R-1 for approximately 38 acres located south of Diffley Road between 1-35E and Johnny Cake Ridge Road; and to approve a preliminary subdivision for Mallard Park 4th Addition and variances to cul-de- sac lengths and two outlots on 13.08 acres, located east of I-35E, south of Diffley Road, on either side of Johnny Cake Ridge Road, subject to the following conditions: 1. The developer shall comply with standard conditions of plat approval Al, 131' B2, B3, B4, C1, C2, C3, C4, D1, El, G1 and H1 as adopted by Council action on February 2, 1993 EAGAN CITY COUNCIL MINUTES; MAY 15, 1995 PAGE 3 2. The Preliminary Plat shall be revised to ensure all lots meet the minimum lot width require- ments. 3. Street B shall be revised on the preliminary plat to a maximum 500' long cul-de-sac. 4. A 450' variance to the length of the Street C cul-de-sac is approved. 5. The developer shall revise the planting plan to provide plantings along the common lot one on the north and increase the number of plantings along the freeway right-of-way. The plan will require review and approval by staff prior to final subdivision approval. 6. The developer shall submit detailed plans and specifications regarding the construction of the proposed retaining walls. 7. To protect Pond BP-23, an upgraded buffer strip of natural vegetation shall be maintained which extends 15 feet back from the edge of the wetland. 8. The outlet for Pond BP-23 shall be designed to keep the difference in the normal and high water level to 3 feet or less. 9. On-site detention basins shall conform to city guidelines for size and design and a cash water quality dedication shall be required for any shortfall in on-site treatment required. 10. The developer shall provide a 12 inch outlet to drain BP-23 to the existing storm sewer one in Woodgate Lane. The flow rate of this outlet shall be as identified in the City's Storm Water Management Plan. 11. The drainage from the western portion of the site shall be routed to Pond AP-28. 12. The developer shall provide an 8" stub to the north to serve the Astleford property •(PID #10- 02800-010-28). 13. Lots with access to Woodgate Lane shall be provided individual 4" sanitary sewer service and 1" copper water service. 14. The developer shall abandon any existing wells or septic systems located on this site per Dakota County requirements. 15. The developer shall remove the existing street opening to Johnny Cake Ridge Road and a new 8618 curb and gutter shall be constructed. 16. The street reconstruction project for Woodgate Lane shall be done as a public improvement project, and the appropriate project shall be approved by City Council action prior to final plat approval for Mallard Park 4th Addition. 17. The developer shall dedicate a 75' half right-of-way for Diffley Road along the north edge of Outlot B. 18. The developer shall dedicate restricted access on the final plat along Diffley Road across the north edges of Outiots A and B. 0 (.1 EAGAN CITY COUNCIL MINUTES; MAY 15, 1995 PAGE 4 19. Comer lots along Woodgate Lane shall take private drive access from proposed Streets A and B. 20. The developer shall pay a cash trails dedication. 21. The developer shall provide 56 Category B trees as mitigation for loss of significant woodlands. 22. The developer shall install fencing at the critical root zone (a distance of one foot away from the tree trunk for every inch in diameter as measured 54" above grade) around all trees depicted on the Tree Preservation Plan to be saved. 23. The developer shall contact the City so an inspection can be performed of the preventive measures installed prior to any site grading, trenching, filling, compaction, or change in soil chemistry taking place. D. Final Approval. Comprehensive Guide Plan Amendment. Rezoning and Preliminary Subdivision. Blackhawk Forest. It was recommended to approve a Comprehensive Guide Plan Amendment from D-Ill and LB to D-1 Single Family; approve a rezoning from R-3 and NB to R-1 Single Family; and approve a preliminary subdivision consisting of 59 lots on 38 acres located north of Silver Bell Road, east of Highway 13, west of Blackhawk Road, and along either side of Robin Lane, with variances to R-1 setback requirements, subject to the following conditions: 1. Standard conditions of plat approval Al, 81, B2, B4, C1, C2, C3, C4, D1, El, F1, G1 and H1, as adopted by Council action on February 2, 1993. 2. A variance of ten feet to the front year setback for all lots. 3. Five foot lot width variance for Lots 2, 3, 5 and 6, Block 1, Lot 18, Block 2, and Lots 13 and 14, Block 3. 4. A variance to allow a 9% maximum street grade for Brown Bear Trail. 5. Variances to allow two cul-de-sac streets exceeding the maximum length of 500 feet. 6. All corner lots shall take access from the cul-de-sac street. 7. The developer shall provide detailed retaining wall plans and specifications. 8. The proposed retaining wall cannot be located within any dedicated public right-of-way. 9. The developer shall install fencing at the critical root zone (a distance of one foot away from the tree trunk for every Inch in diameter as measured 54" above grade) around all trees depicted on the Tree Preservation Plan to be saved. 10. The developer shall contact the City so an Inspection can be performed of the preventive measures installed prior to any site grading, trenching, filling, compaction, or change in soil chemistry taking place. 11. The developer shall provide 176 Category A and B trees for tree preservation mitigation. EAGAN CITY COUNCIL MINUTES; MAY 15, 1995 PAGE 5 12. The developer shall provide a 30 foot natural, ungraded buffer strip along the edge of Pond AP- 27, and a 15 foot ungraded, natural buffer from the edge of Wetland Basins 5 and 6. 13. The wetland mitigation area adjacent to Wetland Basin 3 shall be dropped because it does not appear to meet Wetland Conservation Act criteria for the use of storm water detention basins as wetland replacement. If needed, this mitigation area shall be located adjacent to other basins in the plat that do not receive direct storm water discharge. 14. Because they will be expanded to satisfy wetland replacement requirements, Wetland Basins, 2, 5 and 6 shall not receive any direct discharge from the storm sewer system. 15. The wetland replacement plan submitted with the plat application is incomplete. A correct and complete replacement plan must be received by staff no later than Wednesday January 25, 1995 in order to allow sufficient time for public review of the application prior to a City Council decision regarding approval of the plat on February 21, 1995. 16. There are several areas adjacent to Wetland Basins 2, 3, 5 and 10 where grading contours are shown up to the wetland boundary. These are areas where unintended wetland filling could occur in violation of the WCA. The developer shall address specifically how unintended filling of wetland areas due to erosion will be prevented in these locations. 17. The developer shall provide a 30 foot ungraded, natural buffer which shall be maintained from the edge of the NWL of Pond AP-27, and a 15 foot ungraded, natural buffer from the edge of Wetland Basins 5 and 6. ' 18. The developer is prohibited from discharging raw stormwater into Pond AP-27. 19. The developer shall route the discharge from Pond AP-27 directly to the storm trunk in Robin Lane instead of to the proposed stormwater basin In Wetland Basin 3. 20. After development of the site is completed, the developer shall eliminate the pretreatment basin adjacent to the Wetland Basin 3 stormwater treatment pond. 21. The developer shall increase the wet pond volume of the stormwater treatment basin associated with Wetland Basin 3 by excavation as per water resources staff direction. 22. The developer shall route raw runoff from Deer Pond Circle and the northeastern segment of Brown Bear Trail to the proposed stormwater basin north of Wetland Basin 5. 23. The developer shall eliminate the proposed pretreatment basin for stormwater runoff from"the southerly segment of Brown Bear Trail that is located adjacent to Pond AP-38. 24. The developer shall prepare a conservation easement dedicated to the City over Lots 1-6, Block 2, (from 200 feet west of Blackhawk Road, back to Pond AP-27) for review and approval by the City Attorney and shall be recorded with the plat at the Dakota County Recorder's Office. E. Final Subdivision. Cedar Heights Addition. It was recommended to approve the final subdivision, located on the east side of Slater Road, south of Storland Road, and abutting the west side of I-35E. R-95.31 EAGAN CITY COUNCIL MINUTES; MAY 15, 1995 PAGE 6 F. Amend 1995 Fee Schedule. Building Permit and Plan Check Fees. It was recommended to approve the new building permit and plan review fee schedule consistent with the 1994 Uniform Building Code. G. Final Plat. Justin Deal Frank Addition. It was recommended to approve the final plat located at 2050 Safari Heights Trail on Lot 20, Block 1, Safari Estates 2nd Addition. R-95.32 H. Contract 95-03. ADarove Plans/Authorize Advertisement for Bids (T.H 3 and Red Pine Lane Street. Signals and Utilities. It was recommended to approve the plans and specifications for Contract 95-03 and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Friday, June 16, 1995. 1. Contract 95-05. Approve Plans. Authorize Advertisement for Bids. Wescott Square and Blackhawk Hills Addition Street Rehabilitation, It was recommended to approve the plans and specifications for Contract 95-05 and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Friday, June 16, 1995. J. Contract 94-18. Approve Final Payment. 1995 Sealcoat Aggregate Material. It was recommended to approve the first and final payment for Contract 94-18 in the amount of $43,194.83 to Meridian Aggregates. K. Project 643. Receive Feasibility Report. Order Public Hearing. Oslund-Timberline Addition Street Rehabilitation. It was recommended to receive the feasibility report for Project 643 and schedule a public hearing to be held on June 20, 1995. L. Project 688. Receive Petition. Order Feasibility Report. Eaaandale Corporate Center Streets and Utilities. It was recommended to receive the petition and authorize the preparation of a feasibility report for Project 688. M. Endings of Fact and Conclusions. Denial of Variance for Wensmann Properties. It was recommended to approve the findings of fact and conclusions on the denial of the variance for the Wensmann property west of Galaxie Avenue and southeast of 1-35E. N. Findings of Fact and Conclusions. Denial of Preliminary Planned Development and Preliminary Subdivision. Safari at Eagan. It was recommended to approve the Findings of Fact and Conclusions on the denial of the preliminary planned development and preliminary subdivision for the Safari at Eagan development located north of Cliff Lake Center and west of Thomas Lake Road. 0. Change Orders. Police Department Building Project. It was recommended to approve the change orders in the amount of $4,100.44 as presented. (Councilmember Wachter voted against this item.) P. Change Order. Civic Arena Dehumidification. It was recommended to approve the change order in the amount of $7,900. 0. Project 681. Consider Request to Modify Scope of Project. North Nicols Road Street Reconstruction. Hunter moved, Masin seconded a motion to approve the request, contingent upon Mr. Spencer signing a waiver of objection to assessment. Aye: 5 Nay: 0 R. Approve Contract with Dakota County Soil and Water Conservation District for Erosion Control Services. It was recommended to approve the contract and authorize the Mayor and City Clerk to execute all related documents. S. Parking Requirements for Cedarbera Industries. It was recommended to concur with staffs conclusion that the proposed 55 parking spaces are adequate and sufficient for the Cedarberg Industries expansion. EAGAN CITY COUNCIL MINUTES; MAY 15, 1995 PAGE 7 T. Vacation of Drainage and Utility Easements. Cliff Lake Townhomes. It was recommended to receive the petition to vacate drainage and utility easements within Cliff Lake Townhomes and schedule a public hearing to be held on June 20, 1995. U. Vacation of Public Right-of-way, T.H. 13 Service Drive. Eagan 13 Industrial Park. It was recommended to receive a petition to vacate the T.H. 13 service drive public right-of-way within the Eagan 13 Industrial Park and schedule a public hearing to be held on June 20, 1995. V. Resolution. Set Public Hearing. Tax Exempt Financing. YMCA of Greater Saint Paul. It was recommended to approve a resolution setting a public hearing for June 6, 1995 to consider tax exempt financing the YMCA of Greater Saint Paul. R-95.33 Wachter moved, Hunter seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 VACATION OF RIGHT-OF-WAY, DEERWOOD TOWNHOMES ADDITION After introductions by Mayor Egan and Administrator Hedges, Director of Public Works Colbert gave a staff report on this item. Mayor Egan then opened the public hearing to anyone wishing to speak. There being no one wishing to speak, Mayor Egan turned the discussion back to the Council. Wachter moved, Awada seconded a motion to close the public hearing and approve the vacation of public easements/rights- of-way over a portion of Parcel 47A, MnDOT Right-of-Way Plat No. 19-72, subject to the condition that the final subdivision and plat for the Deerwood Townhomes Addition is approved by Council action and recorded at Dakota County with adequate replacement easements as required by City staff. Aye: 5 Nay: 0 At this time, Mayor Egan suspended the agenda to hear from a resident regarding an item on the consent agenda. John Mueller, 1903 Silver Bell Road, Apt. 216, expressed a concern about garbage and debris from Easy Street Apartments and the development in the area. It has become a health hazard. He has called several times, and nothing has been done about it. Lenore Fudally, 1903 Silver Bell Road, Apt. 304, indicated they have contacted Easy Street Apartments for 3-5 years about this and it is an everyday occurrence. It's not just garbage, but furniture as well that stays there for weeks. They indicated they would up a privacy fence, but only if Shannon Glen Condominiums pays for half of it. It is not their property. The developer of the townhomes that are going in next door has also contacted the police about the same problem. Administrator Hedges explained the complaint process and suggested they contact the Community Development Department to initiate the process. Mayor Egan then returned to the regular agenda. VARIANCE, RICHARD COSSETTE After introductions by Mayor Egan and Administrator Hedges, Community Development Director Reichert gave a staff report. Mayor Egan then opened the public hearing to anyone wishing to speak. Richard Cossette, owner of the property, stated he feels this creates a hardship for him because they started this process last November. They weren't told until March that their plan didn't comply with the new ordinance. It will create a financial hardship also because they have tenants waiting to get into EAGAN CITY COUNCIL MINUTES; MAY 15, 1995 PAGE 8 the building. He urged Council approval. There being no one else wishing to speak, Mayor Egan turned discussion back to the Council. Councilmember Masin asked if there was input from the business community when the ordinance on building standards was developed. Community Development Director Reichert indicated that input was obtained from other communities, as well as from Opus and Northwestern Mutual, but the ordinance originated in Community Development at the request of the City Council in order to place into code our informal policies. Councilmember Masin noted that since Mr. Cossette wasn't made aware of this ordinance change, she feels the city owes an obligation to allow him to put up the second building. Councilmember Hunter noted if Mr. Remick initiated discussions with the city before the ordinance was enacted, the city would be giving this applicant preferential treatment. Community Development Director Reichert noted that when Mr. Remick applied for his conditional use permit, he was told there was a pending ordinance that could present a problem. In this case, he didn't know about the ordinance in November, but in early March, he was told as soon as they became aware that he was going forward to subdivide the property. Councilmember Hunter expressed a concern that if the Council approves this variance, someone can come in and say they had discussions with staff three years ago and expect to be granted a variance. Councilmember Awada concurred, stating the Council needs to treat everyone the same. Discussion followed concerning the nature of discussions with Mr. Cossette, whether a variance is warranted In this case, and what criteria should be used for variances from this ordinance in the future. Councilmember Masin stated she would be willing to grant this variance because he has been in discussions with staff for quite some time. Councilmember Hunter suggested that if there has been active, tangible review of plans by staff before the ordinance was enacted, it would be grounds for granting a variance. Masin moved, Hunter seconded a motion to approve the variance. Community Development Director Reichert requested clarification as to what level of discussion constitutes "substantial" discussion. Councilmember Wachter indicated it needs to be serious discussion before a variance will be considered. Mayor Egan noted it needs to be something tangible and supportable. Councilmember Hunter added that the burden of proof is on the applicant to produce documentation or something tangible in the event that staff disagreed that "substantial" discussion had taken place. Aye: 5 Nay: 0 PEDESTRIAN CROSSWALK STUDY After introductions by Mayor Egan and Administrator Hedges, Director of Public Works Colbert gave a staff report on this. He reviewed the process used to develop this study, the results of the study, and the proposed policy. Councilmember Hunter asked for an explanation of the manual on Uniform Traffic Control Devices and Director of Public Works Colbert gave an explanation, noting that it provides a certain amount of discretionary immunity to communities that adopt it as standards. Discussion followed concerning discretionary immunity and liability, the action to be taken on this Item, whether the stop sign request should be delayed, and whether this study should be sent to the Advisory Parks, Recreation & Natural Resources Commission. Councilmember Awada expressed a concern about this study, stating she feels sometimes issues are overanalyzed when common sense could simply be used. She feels a lot of money was spent to analyze every crosswalk and put it In a book when the existing policy works. She feels it is Inappropriate. Director of Public Works Colbert noted that the majority of the study is the analysis of existing crosswalks. Part of the reason for that is to determine how much to budget for crosswalk striping, pavement marking and signage. The actual policy is 18 pages. Councilmember Awada stated she feels It is beyond what the EAGAN CITY COUNCIL MINUTES; MAY 15, 1995 PAGE 9 city needs to do and beyond what taxpayers should be funding. Councilmember Hunter noted a significant amount of this document is not only the crosswalks, but the code. This information has a lot of other uses. Councilmember Wachter added that the Council requested this. Wachter moved, Masin seconded a motion to approve the draft pedestrian crosswalk study/policy. Councilmember Hunter questioned the petition process in the policy. Councilmember Awada suggested it would be easier to just put crosswalks at every major intersection Instead of having to review every request. Mayor Egan indicated that putting in numerous crosswalks would put the city at substantial liability. Councilmember Hunter noted that at some intersections, the crosswalk would make the intersection less safe. Awada stated she feels this policy creates a lot of bureaucracy. Aye: 4 Nay: 1 (Awada opposed.) STOP SIGN REQUEST, WILDERNESS RUN ROAD @ WEDGEWOOD DRIVE After introductions by Mayor Egan and Administrator Hedges, Director of Public Works Colbert gave a staff report on this, noting that based on the criteria, it was determined that installation of stop signs on Wilderness Run Road are not warranted. A request was then made to provide some higher level of protection at that intersection because it serves as a crosswalk from the Wedgewood Addition residential neighborhood to Walnut Hill Park playground. Patti Schilling, 4442 Wedgewood Drive, stated that the problem is the site distance to the east of Wedgewood Drive and crossing into Walnut Hill Park from Wedgewood Drive across Wilderness Run Road. There is restricted view because of vegetation to the east. She reviewed the results of the speed study and the safe stopping distance, noting it should be based on how fast the cars are actually going rather than the posted speed Omit. She also questioned the electrical costs of a pedestrian activated crosswalk. She indicated she feels this study should be redone because it is two years old and she feels there are more pedestrians crossing now. Director of Public Works Colbert indicated he doesn't know of any significant development in this area in the past two years. He indicated he can redo the speed study if the Council wishes. Councilmember Awada noted that this intersection doesn't meet warrants, but common sense says something needs to be done there. Councilmember Hunter noted that if criteria is set and isn't followed, there will be numerous other requests just like this. He doesn't agree with setting a precedent by allowing this. He noted he has received a couple of calls from people in the neighborhood who are opposed to this. Mayor Egan added that by inappropriately locating signs, a greater safety hazard is created. Councilmember Wachter noted that the policy was just adopted tonight, and the Council is already looking at making an exception. Councilmember Masin stated that the unique situation here is that it is near a park. Since the policy is going to the Advisory Parks, Recreation & Natural Resources Commission, perhaps they could address that issue. Councilmember Awada suggested this be continued rather than denied to give the APRNRC a chance to review the policy. Awada moved, Masin seconded a motion to continue this for 60 days. Councilmember Wachter suggested that assessments be pursued as a possible funding source. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT, LONE OAK AREA ORDINANCE TERMINATING MORATORIUM; REZONING After introductions by Mayor Egan and Administrator Hedges, Community Development Director Reichert gave a staff report on this issue. Jill West, 600 Lone Oak Road, asked about the existing septic systems. Community Development Director Reichert indicated that the Metropolitan Council asked them to carry out a monitoring and inspection and pumping program for the existing on-site systems. It is EAGAN CITY COUNCIL MINUTES; MAY 15, 19951 + PAGE 10 required metro wide. They are working on a common program. Peggy Carlson, 1426 Highview Avenue, stated the market will determine when the change in zoning is warranted. Councilmember Hunter stated he Is fundamentally opposed to this because he feels the Comprehensive Guide Plan is meant to be a long-term planning tool. He feels this is a holding zone and is inappropriate for the Comprehensive Guide Plan. Councilmember Awada disagreed, stating she wishes there was more rural residential land in Eagan. Councilmember Hunter noted that as soon as someone submits a valid application to rezone this, it will have to be considered. Wachter moved, Awada seconded a motion to approve the Comprehensive Guide Plan amendment changing the land use designation for the area bounded by Lone Oak Road, Trunk Highway 55, and the Inver Grove Heights city limits from D-11 (Mixed Residential) to RR (Rural Residential) and NB (Neighbor- hood Business) and adding the Lone Oak Small Area Plan to the land use element. Aye: 4 Nay: 1 (Hunter opposed.) Wachter moved, Masin seconded a motion to approve an ordinance to repeal the moratorium on development within the area. Aye: 5 Nay: 0 Wachter moved, Masin seconded a motion to approve a rezoning of approximately 25 acres within the Lone Oak area between Lone Oak Road and Highway 55 immediately adjacent to Inver Grove Heights from R-4 (Multiple Family Residential) to A (Agricultural). Aye: 5 Nay: 0 R-95.34 STOP SIGN REQUEST, BEAVER DAM ROAD @ NORTH TIMBERWOLF TRAIL After introductions by Mayor Egan and Administrator Hedges, Director of Public Works Colbert gave a staff report, noting this intersection does not meet the warrants. Wachter moved, Hunter seconded a motion to deny the stop sign request. Aye: 5 Nay: 0 COMMERCIAL LAND USE PLAN AMENDMENT - CENTRAL AREA PLAN After introductions by Mayor Egan and Administrator Hedges, Community Development Director Reichert gave a staff report on this. Jim Brehl, representing the O'Neil family, stated he appreciates the amount of attention and input given by the city with respect to the Opus proposal, but he expressed a concern about what will happen to their property if the Opus proposal doesn't go through. He feels that putting these things in the Comprehensive Plan will create a hardship and create burdens and restrictions on 120 of the 180 acres. He requested that it be reviewed further, and that the design details and features in the amendments be removed and made more generalized. Councilmember Hunter stated he feels there is a great deal of flexibility in the plan as it is; however, he doesn't see anything substantive in the changes proposed by Mr. Brehl that would be a problem. This can still be reviewed and fine tuned before going to the Met Council. Community Development Director Reichert expressed some concern about the proposed changes. Some discussion followed concerning the Opus proposal and its effects on the O'Neil property. Todd Noteboom, of Dougherty, Rumble & Butler, representing Unisys, indicated that Unisys is very concerned about the northwest quadrant as it is addressed In the Central Area Plan. There are many acres of excess land there, and the only interest that has been expressed on that land is for residential usage. The City Council has denied Unisys the opportunity to sell this land for residential development. He feels EAGAN CITY COUNCIL MINUTES; MAY 15, 1995 PAGE 11 that is the only economically viable use of the property and feels further study is warranted on this property. The studies and reports that were considered for this property have no consideration for commercial office space. There has been a lot of study on commercial retail usage, but the restrictions to be imposed on the northwest quadrant have not been studied or considered. There was a study done in the late 1980's of the usage of this property for commercial office purposes, but he feels that study is outdated and shouldn't be used. The studies done on commercial retail space show that there Is sufficient or excessive commercial land in Eagan for more than the next 30 years. He feels this proposed plan is too restrictive for economic reality and it warrants further study. He suggested that either the northwest quadrant be removed from the Central Area Plan so its usage can be further studied; or that the plan be amended so that the same flexibility afforded to the other three quadrants also be afforded to the northwest quadrant. Councilmember Hunter asked what specific language In the plan he objects to. Community Development Director Reichert explained how the Unisys parcel fits into the Central Area Plan, noting it doesn't make any changes in the Unisys property. It is guided and zoned Research and Development. The plan does state that each of the other quadrants needs to be further evaluated. Mr. Noteboom noted that what they object to is that there is no allowance for the consideration of putting some residential usage on this property. Councilmember Hunter noted the plan doesn't disallow residential use. Mayor Egan added that he has on at least two occasions, met with proposed developers of the Unisys property for residential development. There Is nothing in this plan that precludes future consideration of residential development. Tony Gleekel, representing Argus Development and Scenic Enterprises, Indicated his client has a purchase agreement for this parcel, and is interested in developing this parcel as residential. He Is aware that there was a residential proposal for this parcel,•but doesn't believe that proposal was ever processed. He is concerned that if this property is guided for major office in the Comprehensive Plan, future councils will be reluctant to consider residential development. The Comprehensive Guide Plan will be used to evaluate future proposals. He doesn't feel the Unisys property was studied enough. They would like to either have a study done, or take major office out of the plan. Considerable discussion followed the wording in the Central Area Plan, past proposals for the Unisys property, and what is appropriate for this property. Carl Olson, of Ryan Contracting Inc., representing the Olson/Burger property, which is adjacent to the O'Neil proposed development, submitted a letter expressing their concerns about the plan, to be entered into the record. Councilmember Hunter indicated that the Council can leave a lot of the details out of the Comprehensive Plan and leave It for discussion and verbal interpretation, but this Council likes to be as objective as possible so staff can clearly articulate what their intentions are when proposals come in. He supports this proposal. Councilmember Awada added that staff and the task force did a great job on this and feels it is something the community needs and wants. Mayor Egan concurred. Councilmember Wachter noted that the Council has been concerned about this property for years and a lot of time has been spent on this. The Council will consider everything with a great deal of voracity and intensity in the future. He supports this plan. Awada moved, Masin seconded a motion to approve an amendment to the Commercial Land Use Plan of the Comprehensive Guide Plan including a description, goals, land use plan and policies for guiding development within the Central Area, subject to Metropolitan Council review and approval. Aye: 5 Nay: 0 TRANSPORTATION PLAN AMENDMENT - YANKEE DOODLE CORRIDOR Mayor Egan and Councilmember Hunter gave Introductions on this. Councilmember Wachter expressed a concern about the northbound turn lane of Yankee Doodle Road onto 35E. He asked whether this portion can be sped up. Director of Public Works Colbert indicated they recognize that as being one -i AL _J EAGAN CITY COUNCIL MINUTES; MAY 15, 1995 PAGE 12 of the critical transportation improvements for this area. They have been meeting with MnDOT, Federal Highway Administration and Metropolitan Council, and adoption of the transportation plan is one of the steps that needs to be pursued. He noted that this is just a concept plan. It doesn't convey any specific design parameters. Community Development Director Reichert added that by approving this, the Council is not committing to build any piece of this at any particular time. It lays out what the overall system needs to be and individual projects will be brought forward as development warrants. The financing will need to be worked out at that time. Councilmember Masin asked whether any of the affected residents were notified. Community Development Director Reichert noted that notices were sent, and there were residents that raised questions at public information meetings and the hearings. A lot of their concerns dealt with individual projects and they were assured that when the projects came up, there would be public hearings held. Wachter moved, Hunter seconded a motion to approve an amendment to the City's Transportation Plan which focuses on the Central Area of Eagan. Aye: 5 Nay: 0 At 9:45 p.m., the Council recessed the meeting for ten minutes. At 9:55 p.m., the Council meeting reconvened. PRELIMINARY SUBDIVISION AND MULTI-FAMILY SITE PLAN - SENECA HILLS ADDITION After introductions by Mayor Egan and Administrator Hedges, Community Development Director Reichert gave a staff report on this. Jim Waters, of LGA Investment Group urged Council approval. Councilmember Masin asked whether the tree preservation issues have been worked out. Community Development Director Reichert indicated that will be resolved between the preliminary and final plat. Awada moved, Wachter seconded a motion to approve a preliminary subdivision for Seneca Hills Addition in the southwest quarter of Section 17, subject to the following conditions: 1. Standard conditions of plat approval Al, B1, B2, B3, B4, C1, C2, C3, C4, D1, El, F1, G1 and H1 as adopted by Council action on February 2, 1993. 2. The exterior building materials shall be maintenance free and include a minimum of 20% brick. 3. Setback issues will be addressed subsequent to staff approval of a Tree Preservation Plan. 4. The Landscape Plan shall be revised to add more plant material, a plant material schedule, and a typical planting plan around each building. 5. The revised Landscape Plan shall be reviewed and approved by staff prior to City Council action on the Final Subdivision. 6. The Developer shall revise the Grading Plan to provide a five foot berm along the Highway 13 right-of-way. 7. The Developer shall abandon all well and septic systems on site according to Dakota County and City standards. 8. Detailed plans and specs showing the retaining wall construction shall be revised and approved by City staff, prior to any site grading. EAGAN CITY COUNCIL MINUTES; MAY 15, 1995 PAGE 13 9. A fence or railing between 4-6' in height shall be built at the top of the retaining wall system. 10. The developer shall construct 400' of 8" sanitary sewer to the north of this site along the MnDOT Highway 13 right-of-way One to provide sanitary sewer service to this site. 11. Appropriate public right-of-way width shall be determined prior to City Council action of the Final Subdivision. 12. If the Centex development to the north does not proceed in conjunction with this project, the developer shall obtain the additional 2,500 square feet of additional right-of-way for the public street connection with Highway 13, prior to final subdivision approval. 13. The developer is responsible for the cost of any required improvements of the Highway 13/Seneca Road intersection. 14. Highway 13/Seneca Road intersection issues shall be resolved prior to City Council action on the final subdivision. - - 15. The developer shall dedicate restricted access along Highway 13 (except at the access point). 16. Site Plan approval, as proposed in relation to Lots 4-8, Block 1, is contingent upon City Council approval/authorization of vacation of the easement for the existing 15" storm sewer line. 17. A revised tree and woodland preservation plan must be reviewed and approved by City staff prior to City Council action on this preliminary subdivision. 18. The developer shall provide tree protection measures (.e. 4 foot polyethylene laminate safety netting) to be 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. 19. 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. 20. This development is subject to a cash park, trail, and water quality dedication. 21. The developer shall be responsible for preparing and recording, with the plat, appropriate documents establishing a Homeowners' Association. The documents must be submitted and approved by the City Attorney's office prior to final plat approval. Transfers of common areas to the Homeowners' Association shall be recorded with the plat. 22. The developer shall plat the subdivision. Aye: 5 Nay: 0 Hunter moved, Awada seconded a motion to approve the multi-family site plan. Aye: 5 Nay: 0 PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION - INDY LUBE After introductions by Mayor Egan and Administrator Hedges, Community Development Director Reichert gave a staff report. Bob Yochum, of Met-Con Construction, urged Council approval. Masin EAGAN CITY COUNCIL MINUTES; MAY 15, 1995 PAGE 14 moved, Hunter seconded a motion to approve a Preliminary Planned Development for Indy Lube Addition for a motor vehicle repair facility in the northwest quarter of Section 16, subject to the following conditions: 1. A 2,100 square foot Indy Lube oil change center is approved for the future Lot 1, Block 1, Indy Lube Addition. 2. The site development shall be shifted so that a minimum 20' wide landscaped green space is provided along the east edge of the site. No part of said greenspace shall be comprised of any Dakota County right-of-way or easement. 3. Building signage shall be allowed on the north and east building elevation. 4. The site is allowed one pylon sign along the western freeway frontage and one monument sign on the Pilot Knob Road frontage. 5. The Landscape Plan shall be revised to incorporate a planting bed around the monument sign similar to that provided around the Phillips monument sign to the south. 6. The Landscape Plan shall be revised to incorporate similar plant materials along the berm on the east side of the site to continue the theme previously established by Phillips. Aye: 5 Nay: 0 Wachter moved, Hunter seconded a motion to approve the preliminary subdivision for Indy Lube Addition, subject to the following conditions: 1. Standard conditions of plat approval Al, B1, B2, B3, C1, C2, C4, El, F1, GI and H1, as adopted by Council action on February 2, 1993. 2. Site plan approval as proposed, in relation to the building setback from the south property line, is contingent upon City Council approval/authorization of a vacation of a portion of the 10-foot drainage and utility easement that is located along the south property line of this site prior to final plat approval. 3. The development will be subject to a water quality cash dedication. 4. The storm water runoff from this site shall drain to the existing storm sewer system In Pilot Knob Road or to the existing ditch system in the MnDOT 1-35E right-of-way. 5. The developer shall dedicate appropriate right-of-way/easement for Pilot Knob Road, as determined by Dakota County. 6. The developer shall provide a copy of the recorded private ingresslegress easement. Aye: 5 Nay: 0 PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION OLD COUNTRY BUFFET/EAGAN WOODS OFFICE PARK 2ND ADDITION After introductions by Mayor Egan and Administrator Hedges, Community Development Director Reichert gave a staff report. oc" EAGAN CITY COUNCIL MINUTES; MAY 15, 1995 PAGE 15 Tom Lincoln, of BRW, Inc., architectural consultant for the application, expressed a concern about the storm drain. They would like to create an outfall for a pond on the northwest comer of the site and extend storm sewer from that pond across Lost Spur Golf Club due to the fact that there is some history of erosion in that area. The current city storm water management plan does not identify that extension; however, it would benefit other properties and would convey public storm water. The pond was designed for a greater developing intensity than is currently being proposed. Therefore, they are proposing to construct the storm sewer extension, design and construct a control structure, and make some water quality ponding improvements. What they are able to design in that area in terms of storm water quality is somewhat short of what Is required by ordinance. That related to a cash dedication of approximately $53,000. They have made arrangements to obtain a storm easement across Lost Spur Golf Club, and they feel it would be efficient, effective and timely for them to do the public improvement. They would Ike some participation from the City of Eagan on construction costs of the storm sewer improvements across Lost Spur Golf Club because it will improve the water quality of downstream receiving waters by reducing surface erosion which benefits the City of Eagan by containing public storm water. These Improvements would owned and maintained by the City of Eagan. He would like the Council to authorize staff to work with Old Country Buffet on an equitable resolution of this issue, subsequent to approval of the preliminary plat and preliminary planned development. Director of Public Works Colbert stated he feels it would appropriate for the Council to direct a storm sewer drainage area analysis to determine how much of the storm sewer Is required to facilitate the ultimate development, so a determination can be made as to how much cost participation should be made by the city's trunk sewer fund. That would entail some cost to the city's consultant, and there should be an understanding that the cost for the study would be the responsibility of this development. Some discussion followed. Hunter moved, Wachter seconded a motion to approve the Preliminary Planned Development for Eagan Woods Office Park 2nd Addition for a 52,248 square foot office building, a 9,623 square foot training center, a 9,250 square foot restaurant, a 32,000 square foot 90-room hotel, and a 65,800 square foot office building in the northeast quarter of Section 4, subject to the following conditions: 1. Phase 1: Lot 1: 14.81 acres for a three story, 52,248 square foot office building A two story 9,632 square foot training facility Rough grading for Lots 2 and 3 Landscaping for Lot 1, and landscaping and screening for Eagan Woods Drive Improvements to the existing water quality and detention pond 2. Phase 2: Lot 3: 1.64 acres for a 9,250 square foot restaurant and 1140 parking spaces. 3. Phase 3: Lot 2: 1.77 acres for a 30,000 square foot 90 room hotel, and 110 parking spaces. 4. Phase 4: Lot 4: 8,684 acres for a 64,800 square foot, 3 story office building, and 302 parking spaces. 5. The final plat, final site plan, final building elevation, final signage plan, final lighting plan, final landscape plan and pedestrian plan will be required for final approval of each phase. 6. The applicant will certify that all buildings constructed within the subdivision will be acoustically treated to achieve an interior sound level of 50 dba at the time of occupancy. 7. The developer shall provide a revised landscape plan for the development of Lot 3 which will provide additional landscaping and screening including but not limited to a three foot high berm in the 20 foot setback areas to help screen the proposed parking lots. EAGAN CITY COUNCIL MINUTES; MAY 15, 1995 PAGE 16 8. Continued maintenance of all bituminous parking and drive aisle areas shall be property maintained. Aye: 5 Nay: 0 Hunter moved, Masin seconded a motion to approve the preliminary subdivision of Eagan Woods Office Park 2nd Addition, subject to the following conditions: 1. Standard conditions of plat approval Al, B1, B2, B3, B4, C1, C2, C4, D1, El, F1, G1 and HI as adopted by Council on February 3, 1993. 2. This development shall be responsible for a cash parks and cash trails dedication: 3. The developer will be required to obtain a slope easement prior to the issuance of the grading permit to allow the grading to occur on Outlot A of Eagan Woods Office Park 1st Addition. 4. To prevent future erosion of the ravine, the storm water runoff from Lots 3 and 4 shall be directed in a northwesterly direction across Lot I and be conveyed by a storm sewer One all the way to the normal water level of Pond HP-7. 5. As shown on the preliminary storm drainage plan, the developer shall provide a storm sewer outlet for Pond HP-7 that will head in a westerly direction across the Lost Spur Country Club property and drain to the existing Highway 13 culvert, with cost participation to be determined and approved by the Council. 6. A manhole will be required on each sanitary sewer service One to allow the City to inspect and monitor the sanitary sewer Ones. 7. The developer will be required to remove the existing driveway opening that is located 50 feet south of the Pilot Knob Road/Corporate Center Drive intersection. 8. The driveway openings to the proposed sites shall be a minimum of 30 feet wide at the connections to the public streets. 9. Site plan approval as proposed is contingent upon City approvavauthorization of the vacation of right-of-way Lot 2. 10. The final plat shall dedicate restricted access along Pilot Knob Road except for the one street opening of Eagan Woods Drive. 11. The developer will be responsible for the cost to relocate the traffic signal poles if the final design requires them to be moved. 12. The developer shall expand Pond HP-7 to reduce the flow out of the pond to a maximum rate of 21.9 c.f.s. 13. The development will be subject to a water quality dedication, adjusted for any wet pond volume that would be provided in the proposed detention basin. 14. An additional tree preservation plan shall be prepared for tree removal occurring outside of the proposed development site, i.e. Lost Spur property. EAGAN CITY COUNCIL MINUTES; MAY 15, 1995 PAGE 17 15. Tree protective measures are required (i.e. 4' polyethylene laminate safety netting) to be 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. 16. The developer will be required to contact the City Forestry Division at least five days prior to the issuance of a grading permit to ensure compliance with the approved Tree Preservation Plan. 17. An individual lot Tree Preservation Plan will be required for Lot 4 of this development at time of grading/building permit application. 18. The subdivision shall be platted. Aye: 5 Nay: 0 Mayor Egan welcomed the Old Country Buffet to the community. PRELIMINARY SUBDIVISION - EAGANDALE CORPORATE CENTER After introductions by Mayor Egan and Administrator Hedges, Community Development Director Reichert gave a staff report. Some discussion followed concerning proposals for this property. Hunter moved, Masin seconded a motion to approve the preliminary subdivision for Eagandale Corporate Center Addition, in the south half of Section 11, subject to the following conditions: 1. Standard conditions of plat approval Al, B1, B2, B3, B4, C1, C2, C3, C4, D1, El, F1, G1 and H1 as adopted by Council action on February 2, 1993. 2. An ISP shall be obtained by the applicant, with review and input by the City, prior to City Council action on the final subdivision. 3. A variance to allow a 50' minimum depth for landscaped yards located across the street from an "R", "A", or "P" District shall be approved by the City Council. 4. Individual lot development plans shall be subject to an administrative site plan review and approval. 5. Detailed plans and specifications of the proposed retaining wall construction shall be submitted prior to City Council action on the Final Subdivision. 6. The proposed vacation/extension of Aldrin Drive issue shall be resolved prior to City Council action on the Final Subdivision. 7. The signalzation of the Neil Armstrong/Golf View - Yankee Doodle Road intersection shall be resolved prior to City Council action on the final subdivision. 8. The wetland replacement plan for the development shall be approved, subject to the following conditions: a. Trees #756, 758, 761 and 770 in the tree inventory for the site shall be preserved by reorienting Ponds C2A and C2B to the north and east. -s EAGAN CITY COUNCIL MINUTES; MAY 15, 1995 PAGE 18 b. The proposed .8 acre wetland mitigation area due east of DNR Protected Water #135 shall be relocated to avoid impacts to oak trees. c. The City will reserve the right to modify the wetland replacement plan based on changes In the Wetland Conservation act made by the 1995 legislature (which will be known In May 1995). Modification can be made only to the extent necessary to accommodate elimination of tree-related impacts associated with up to .8 acres of replacement wetland. d. No grading shall be allowed within 30 feet of the delineated wetland edge of Wetland Basins A and E, except for up to a total of 450 lineal feet along the south end of Wetland Basin A (for road construction) and north end of Wetland Basin E (for detention basin construction). The 30 foot wide area will be managed to support natural vegetation and shall be left unmowed. This area shall be clearly marked on both the grading plan and in the field prior to any grading activity. e. At least .5 acres of replacement wetland shall be established as forested wetland through the planting of tree and shrub species compatible with seasonally saturated soils. The number and types of trees planted shall be based on those shown on the tree Inventory which will be removed by filling of Wetland Basin G. f. The pond level bounce for Pond DP-1 1 (Wetland Basin A) should be 3 feet or less for a 10- year storm event and 2 feet or less for a 2-year storm event. g. The developer shall submit for review by the water resources coordinator detailed plans regarding the grading for wetland replacement and ponding areas, Including areas of hydric soil placement and a vegetation planting plan. The plan must be approved by staff before any grading plan application for the site is submitted to the City. 9. The developer shall provide tree protection measures (i.e. 4 foot polyethylene laminate safety netting) to be 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. This subdivision is subject to a cash park and trail dedication. 12. Issues regarding additional "specimen" tree preservation and possible cash parkland dedication credit for a public connection between the two DNR waterbodies and other potential public "save" areas shall be resolved prior to City Council action on the final subdivision. 13. The developer shall plat the property. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION - EAGANDALE CENTER INDUSTRIAL PARK NO. 12 After Introductions by Mayor Egan and Administrator Hedges, Community Development Director Reichert gave a staff report. Wachter moved, Awada seconded a motion to approve the Preliminary (~~r1,?ti lj; ,.FL l ar. y EAGAN CITY COUNCIL MINUTES; MAY 15, 1995 PAGE 19 Subdivision for Eagandale Center Industrial Park No. 12, in the northeast quarter of Section 3, subject to the following conditions: 1. Standard conditions of plat approval Al, B1, B2, B3, C1, C2, C4, D1, El, F1 and H1, adopted by Council on February 3, 1993. 2. The future development of this plat subdivision will be required to construct 3 foot berming along the north property One to screen Interstate 494. 3. The future development of this site will be required to submit a detailed grading drainage, and erosion control plan to the City prior to issuance of grading or building permit. 4. The future development of Lot I will need to construct a six-inch or eight-inch line across Trapp Road with hydrants on this site to improve the fire protection to this site. 5. The new driveway connections to Trapp Road will need to be constructed with concrete aprons. 6. The sanitary sewer layout will need to include a manhole on the sewer service at the property One to provide the City with an inspection monitoring structure. 7. The final plat shall dedicate a ten-foot drainage and utility easement around the outside edges of this development. 8. The final plat shall dedicate drainage and utility easement for the future storm sewer line that will extend across the north edge of Lot 2 to serve Lot 1. 9. The future development will be required to construct their parking lot with a bituminous or concrete surface and concrete curb and gutter around the outside edge of the lot. 10. This plat shall be subject to a cash parks and cash trail dedication. 11. The property shall be platted. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION - EAGANDALE CENTER INDUSTRIAL PARK NO. 11 After introductions by Mayor Egan and Administrator Hedges, Community Development Director Reichert gave a staff report. Hunter moved, Awada seconded a motion to approve the preliminary subdivision for Eagandale Center Industrial Park No. 11 in the southwest quarter of Section 2, subject to the following conditions: 1. Standard conditions of plat approval Al, B1, B3, B4, C1, C2, C4, D1, El, F1, G1 and H1, as adopted by Council on February 3, 1993 2. A revised Tree Preservation/Tree Mitigation Plan be submitted Indicating the species, size and location of all replacement trees. 3. Tree protective measures are required (i.e. 4 foot polyethylene laminate safety netting) to be 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. EAGAN CITY COUNCIL MINUTES; MAY 15, 1995 PAGE 20 4. The developer shall contact the City Forestry Division at least five days prior to the issuance of a grading permit to ensure compliance with the approved Tree Preservation Plan. 5. A Tree Preservation Plan/Inventory needs to be submitted for the significant woodlands In the southeast comer of the property. Mitigation needs to be calculated. 6. Storm water runoff from the 10.6 acre development shall be directed to proposed Pond EP-9. 7. The development will be responsible for abandoning any wells or septic systems according to county and city requirements. 8. The developer will be required to construct a manhole over the proposed sewer service Ines to provide the city with an inspection and monitoring manhole. 9. The driveway opening shall be a minimum of 30 feet wide and shall include a concrete apron at the connection to the relocated Lone Oak Circle. 10. This development shall be subject to a cash parks dedication and cash trails dedication. 11. Construction of Pond EP-9 shall satisfy water quality mitigation requirements for this development. 12. A revised landscape plan shall be submitted and approved by staff prior to final plat approval. 13. The cross parking easements shall be submitted to staff for review and approval by the City attorney prior to final plat approval. 14. Continued proper maintenance of the parking lot and all bituminous areas shall be provided. 15. All trash/recycling shall be located within the building or attached to the building made from the same building material as the principal building with an opaque gate(s). 16. The property shall be platted. Aye: 5 Nay: 0 Councilmember Masin indicated she will be late for the next Dakota County League of Governments meeting and asked whether anyone else is going. Administrator Hedges noted that his Intern will be attending. He also reminded councilmembers of the A.M.M. banquet on May 31. Community Development Director Reichert clarified action taken by the Council on the Southeast Eagan Issue. Direction was given to notify the owner of Magnum Towing to come into compliance with the conditional use permit. Discussion followed concerning the conditional use permits required for this area. Administrator Hedges noted that Director of Public Works Colbert was named one of the top ten Public Works Directors in the nation. He reminded Councilmembers of the Public Works Committee meeting at 4:30 p.m. on Tuesday; the special work session at 8:00 p.m. on Tuesday; and the Caponi Subcommittee at 7:30 a.m. on Wednesday. EAGAN CITY COUNCIL MINUTES; MAY 15, 1995 PAGE 21 Councilmember Wachter suggested there be a phone One that residents can call to express their concerns and opinions to Councilmembers. He also asked about the status of the joint powers agreement with Inver Grove Heights. City Attorney Sheldon indicated he received a draft from Inver Grove Heights and is in the process of reviewing it. Councilmember Wachter suggested that the patio area that was eliminated from the Municipal Center expansion be put back in. Some discussion followed concerning future labor negotiations. Upon a question by Mayor Egan, some discussion followed concerning upcoming projects this summer, and the shortage of experienced staff In the Community Development and Engineering departments. Councilmember Masin requested information on the status of H.F. 1227 regarding gun clubs. WM Wachter moved, Egan seconded a motion to approve the check register dated May 12, 1995 in the amount of $1,438,356.13. Aye: 5 Nay: 0 The meeting adjourned at 10:52 p.m. DLP May 15, 1995 ILA" Date 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, marital status or status with regard to public assistance.