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04/19/1994 - City Council Regular MINUTES OF A REGULAR MEETING OF THE x'~cLs EAGAN, CITY COUNCIL Eagan, Minnesota April 19, 1994 A regular meeting of the Eagan City Council was held on Tuesday, April 19, 1994 at the Eagan Municipal Center. 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 James Sheldon. AGENDA Councilmember Hunter requested that an update on the Dakota County League of Governments and discussion on the Apple Valley City Manager situation be placed under Legislative Affairs. Masin moved, Awada seconded a motion to approve the agenda for April 15, 1994 regular City Council meeting as amended. Aye: 5 Nay: 0 MINUTES Councilmember Hunter asked that the minutes of April 5, 1994, Page 12, Miscellaneous Items, Paragraph 4, Sentence 2, be changed to read: "It was determined that this action will be reevaluated in a few months with the direction that there is no reason for a recommendation, no recommendation will be given." Awada moved, Wachter seconded a motion to approve the minutes of the April 5, 1994 regular City Council meeting as amended. Aye: 5 Nay. 0 VISITORS TO BE HEARD Mayor Egan introduced Ann Carlon, the new Executive Director of the Eagan Visitors and Convention Bureau. Ms. Carlon provided an update on the activities of the Eagan Visitors and Convention Bureau, including a full color brochure, calendar of events, tours and conventions scheduled, as well as advertising strategies, noting that an advertisement in Better Homes and Gardens has yielded about a thousand responses from people across the United States requesting information on Eagan. RESENTATION Mayor Egan introduced this item as the Eagan Earth Day Celebration Walk and Bike Sendoff. City Administrator Hedges circulated handouts, "Don't Trash the Earth" and "Don't Trash Your Yard," that were prepared by the City of Eagan, with funding on the part of Dakota County Board of Commissioners, that will be placed on doorknobs around the community. He explained that for Earth Week, a national celebration held the week of April 17-24 to help build awareness of environmental issues, Eagan was sponsoring a bike and walk tour through Eagan on April 19, 1994. A special thanks was extended to staff, and Communications Coordinator Joanna Foote, who had been coordinating and working on the Earth Week celebration. .........PA......RT...........ME......NT ........AD.>BUS3 HENESS DE Mayor Egan requested if the Council wished to ask any questions of staff, as there was no formal Department Head Business to be heard. Councilmember Wachter stated he would like to see more plantings of wild flowers around ponds and roadways. He noted that Director of Parks and Recreation Vraa had stated the City of Eagan is currently trying the plantings around areas in Eagan. CONSENT AGENDA In regard to Item D, Economic Development Commission position, Councilmember Hunter asked if staff or Council knew Mr. Robert Teel. Assistant to the Administrator Hohenstein stated that although he did not know him personally, Mr. Teel PAGE 2 /EAGAN CITY COUNCIL MINUTES '\PRIL 19, 1994 was recommended by another member of the Economic Development Commission. Councilmember Wachter requested and was provided clarification on the location of Item F, Tobacco License for Blackhawk Liquors. In regard to Item H, Authorize Request for Proposal (RFP) Media Services Consultant, Councilmember Hunter raised a concern over the scope of the RFP stating he felt it was the Council's intent to move all existing media equipment into the new Council chambers. Assistant to the Administrator Hohenstein clarified that the options within the RFP were present to allow for a contingency plan so as to not completely abandon the media opportunities in the existing Council chambers. Councilmember Hunter requested that separate pricing for all three options be included within the RFP. Councilmember Wachter commented that he felt it would be advantageous to keep at least one monitor and microphone in the existing Council chambers for special meetings. Councilmember Wachter requested whether Item I, CIP, acquisition of replacement vehicles for Parks and Forestry was all in the budget. Director of Parks Vraa clarified that all three items are included within the budget. Mayor Egan noted that Item J, Information Super Highway Resolution, would be continued to the May 18, 1994 City Council meeting. Councilmember Masin requested clarification on the delay in Council action on the Item. Assistant to the Administrator Hohenstein noted the reason Item J was continued was due to the Joint Cable Commission's desire to take another month to review it themselves, if it was amenable to the Council, in order to make a recommendation to the Council of an amended resolution to the cities of Eagan and Burnsville. Councilmember Awada expressed concerns over parts of the Resolution. Mayor Egan noted his preference would be to act on the Resolution consistently with Burnsville. City Administrator Hedges stated that Cable Coordinator Reardon had requested the Council to suggest changes as they receive revised forms of the Resolution and questioned whether the Council desired to meet with the Burnsville to discuss the issue. Councilmember Hunter noted that Item K & M, Receive Bids/Award Contract for Cedar Grove 7, 8, 10 & 11th Additions and Revise Pending Assessment Roll for Cedar Grove Street Rehabilitation, reconstruction bids came in 14% under the feasibility report and the proposed assessment dropped from an estimated $2,073 to an average of $1,500. Councilmember Awada noted she would be voting against Item P, Mann Theater Building Design Revision. Councilmember Masin asked whether a provision for a high quality sealant process to be used for the stone would be included. Director of Community Development Reichert noted there was such a provision. A. Personnel Items Item 1. Seasonal Utility Maintenance Worker--It was recommended that Jerry Johnson be hired as a seasonal Utility Maintenance Worker. Item 2. Seasonal Forestry Technician--It was recommended that Rochell Severson by hired as a seasonal Forestry Technician. Item 3. Seasonal Ballfield Attendant--It was recommended that Jason Schwamb, Manotham Bounnak and Shane Johnson be hired as seasonal Ballfield Attendants. Item 4. Seasonal Park Attendants--It was recommended that Andrew Hendrickson and Bridget Stromwall be hired as seasonal Park Attendants. Item 5. Youth Development Coordinator--It was recommended the hiring of a person as recommended by Director of Parks and Recreation Vraa as the Youth Development Coordinator for the City of Eagan. Item 6. Redesignation/Project Planner--It was recommended to accept the letter of resignation from Kimberly Eggers, Project Planner. PAGE 3/EAGAN CITY COUNCIL MINUTES APRIL 19, 1994 B. Licenses. Plumbers It was recommended that the following plumbers' licenses be approved as submitted (Exhibit A). C. Classification Tax Forfeit Property It was recommended to declare parcel 10-03600-023-27 as having public purpose and request acquisition and to declare the balance of the parcels as non-conservation land. D. Appointment. Economic Development Commission Vacancy It was recommended to declare a vacancy to exist on the Economic Development commission and to appoint Robert Tell to fill that vacancy for the remainder of the term January, 1996. E. License. Tree Contractor It was recommended to approve the tree contractor license for Mike Ciardelli Construction Company, 1200 Duckwood Trail as presented. F. License. Tobacco for Blackhawk Liquors It was recommended to approve a tobacco license for Blackhawk Liquors at 4130 Blackhawk Road as presented. G. License Wine and 3.2 Beer. Young Tae Lim of Hoban Korean Restaurant It was recommended to approve a wine and 3.2 beer license for young Tae Lim of Hoban Korean Restaurant, 1989 Silver Bell Road, as presented. H. Authorize. Request for Proposal (RFP) Media Services Consultant It was recommended to authorize distribution of a request for proposal for a media services consultant for the building expansion program as presented. I. Authorize Purchase. Parks and Recreation Department Equipment Replacement It was recommended to authorize the purchase of Parks and Recreation Department replacement equipment as presented. J. Resolution. Regarding Information Super Highway Legislation It was recommended to continue this item to the May 18, 1994 City Council meeting. K. Contract 94-01. Receive Bids/Award Contract (Cedar Grove 7. 8. 10 and 11) It was recommended to receive the bids for Contract 94-01 (Cedar Grove Reconstruction) and award the contract to the lowest responsible bidder for alternate base bid amount. L. Contract 94-05. Approve Plans/Authorize Ad for Bids (Dodd Road - Street & Trail Improvements) It was recommended to approve the plans and specifications for Contract 94-05 (Dodd Road - Street & Trail mprovements) and authorize the advertisement for a bid opening to be held at 2:00 p.m., on Friday, May 13, 1994. M. Protect 662. Revise Pending Assessment Roll/Set Final Hearing Date (Cedar Grove Street Rehabilitation) It was recommended to acknowledge the completion of the property appraisal process and authorize the revision of the O.11 PAGE 4/EAGAN CITY COUNCIL MINUTES 'APRIL 19, 1994 pending assessment roll for Project 662 (Cedar Grove 7,8,9, 10, 11 and Ken Applebaum Addition-Street Rehabilitation) to reflect the maximum assessment for single-family residential properties at $1,500 per lot and schedule the final assessment hearing to be held on September 20, 1994. N. Final Plat. Eagandale Lemma Lake 4th Addition It was recommended to approve the final plat for Eagandale Lemay Lake 4th Addition for Cracker Barrel Restaurant and Hampton Inn. R-94.23 0. Final Plat. Safari at Eagan 2nd Addition It was recommended to approve the final plat for Safari at Eagan 2nd Addition (for Lifetime Fitness Center). P. Mann Theater Building Design Revision R-94.24 It was recommended to approve the change in construction materials from precast panels to split rock face concrete for the Mann Theater project. Hunter moved, Wachter seconded, a motion to approve the Consent Agenda as presented, with Councilmember Awada voting against Item P. Aye: 5 Nay: 0 Dan Jeska, 3829 Country Creek Way, presented a petition from all 25 neighbors stating that, at this time, they do not feel the street is in poor condition. Mayor Egan stated that it would be so noted, and clarified that the Council took action on ;vising the pending assessment role to reduce it from $2,073 down to $1,500, which appeared to be different from the point Mr. Jeska was raising. Councilmember Wachter suggested that Mr. Jeska's concerns should be raised at the final hearing date in September. City Administrator noted that all affected property owners would receive proper notice of the final hearing meeting. PUBLIC HEARII1( S PROJECT 638R, YANKEE DOODLE ROAD - STREET AND STORM SEWER Mayor Egan introduced this item as 638R, Yankee Doodle Road - Street and Storm Sewer. City Administrator Hedges made introductory remarks, noting that on March 15, 1994 a public hearing was scheduled for the project, but due to technicalities in the notification process it was acknowledged in the March 15, 1994 meeting that the public hearing date was changed to April 19, 1994. Director of Public Works Colbert provided additional remarks and introduced Mark Hanson, of the Consulting Engineering Firm, Bonestroo Rosene Anderlick & Associates. Mr. Hanson proceeded to describe the location, project, basic improvements, and cost of Project 638R. Dave Zech, Administrative Design Engineer for Dakota County, which will be the jurisdictional agency handling the construction, discussed the alignment and easement of the project. He noted that in developing this project consideration was given to adjacent properties by trying to minimize the right-of-way costs by shifting the center line of the road to the north. Mr. Zech added that the right-of-way mapping should be completed by the end of April, and shortly after the staking out the right-of- way acquisition will occur, since there is not enough property available to widen the road without affecting some of the private land adjacent to the existing road. He followed with further discussion on the acquisition process and schedule of the project, noting that consideration must be given to the scheduling of the project since the intersection of Lexington Avenue and Lone Oak Road will be under construction this summer, and it is considered undesirable to have both intersections under construction at `ie same time. Mayor Egan requested if representation was made by the Carriage Hills Golf Course in an informational meeting, noting that a letter was received from the owner of the Golf Course raising concerns over major modifications to two holes and minimal disruption to a third hole in his golf course. Mr. Zech responded there was a representative at the meeting, adding that he was not sure that he had consulted with the golf course extensively. He further explained that the shift in the center line of the road L73 PAGE 5/EAGAN CITY COUNCIL MINUTES -%PRIL 19, 1994 in the design was undertaken to minimize the impact on developed properties, which would include the Carriage Hills Golf Course. Councilmember Wachter requested clarification on how far the center line would be shifted. Mr. Zech recalled it would be twenty-five (25) feet. Councilmember Hunter provided clarification on the point made in the Carriage Hills Golf Course letter claiming that the median will cut off Wescott Hills Drive, stating that the median cut-off is untrue, and that it will be open to east and west bound traffic to access the golf course. Scott Smith, owner of Smitty's Outlet and Marvin Smith and Son, requested clarification on how much right-of-way would be taken off Yankee Doodle Road proximate to his building, expressed concerns over assessments, and expressed his desire for Kutoff Court to be opened into Yankee Doodle Road. He cited several reasons for Kutoff Court to open into Yankee Doodle Road including: (1) for better emergency access due to the location of the Williams Pipeline, (2) for the increased traffic of new companies within Eagan, (3) for employee access and (4) public access to businesses in the area. Director of Public Works Colbert responded that the City recognizes there is a benefit to having a secondary outlet, and explained the implications of construction for such an outlet. He further explained that the opportunity for a private road agreement has been presented to representatives of Gopher Smelting, asking them if they would be interested in pursuing such an option. Mr. Colbert noted that the City has not heard back from Gopher Smelting as of yet. Director of Public Works Colbert added that if the private drive concept is established to only have benefit to two property owners, the private drive would most likely be done privately and funded however the two property owners would see fit. He stated the question of benefit would need to be worked out between the two property owners. Eugene Simkhovich, President of Carriage Hills Association, expressed noise concerns with the expansion of the Lexington Avenue, and suggested using a tree barrier to reduce the noise associated with the road. He added that people are having difficulty turning left onto Lexington Road, due to the location of a hill interrupting visibility, and would like to see either a stop sign installed or a warning sign of approaching traffic. Mayor Egan noted the reason the project was developed was to create a road that is functionally safe as possible by designing it to meet the requirements of that area. Director of Public Works Colbert responded to Mr. Simkhovich's request that a stop sign be installed on Lexington Avenue at Gulf View Drive. He stated that there are certain warrants, found in the Manual on Uniform Traffic Control Devices adopted by the City and County, that have to be met before a stop sign can be introduced on roadways. Director of Public Works Colbert explained that from experience he could not foresee any of the traffic volumes, intersection sight distance restrictions, accident histories or other warrants established in the Manual on Uniform Traffic Control Devices being met at the intersection that could justify introducing a stop sign. Mr. Simkhovich then questioned when the assessments would take place. Director of Public Works Colbert responded that if the bulk of construction is done in 1995, the City would probably have the final assessment hearing in fall, most likely in October, 1995. He further explained the assessment would most likely be spread over 15 years, and the Carriage Hills Condominiums assessment has been estimated at $288 per unit, with the first payment due with property taxes payable in May, 1996. Councilmember Hunter noted that in response to Mr. Simkhovich's suggestion for a tree barrier in order to reduce noise levels, the City began a boulevard tree planting program and that Mr. Simkhovich may wish to speak with Director of Parks and Recreation Vraa for a schedule of when Yankee Doodle Road will receive such plantings. Dale Huber, a representative of Northwestern Mutual Life, stated that while the company is not happy with additional assessments, they have no quarrel with the proposed improvements and feel it would be an upgrade for the entire area. Ed Williamson, resident of Carriage Hills, stated concerns over access issues, and the assessments of Wescott Road versus the Carriage Hills Owners and the industrial owners as well. Director of Public Works Colbert responded the assessments are based on assessment policy, which is based on zoning, that the City established many years ago. Councilmember Hunter responded that by state law the City can not assess any residential owner with any amount greater than the benefit received. PAGE 6/EAGAN CITY COUNCIL MINUTES APRIL 19, 1994 Bruno Dunella, Carriage Hills Tom ark Addition, complimented the City Council, Planning Board and the City of Eagan for the way that they have listened to residents at the various meetings held. Mayor Egan explained that there are two public hearings. The April 19, 1994 public hearing has been held to cover the feasibility report, and the main purpose is to discuss the engineering feasibility of that report. The second, he explained, is the assessment hearing, which addresses the issue of benefit, and will be held, according to the project schedule, in the fall of 1995. Councilmember Wachter stated the need to investigate the possibility of additional frontage roads. Councilmember Masin noted that City and County staff have undertaken positive approaches in gaining public input through the process. Councilmember Hunter recalled that in the past there had been many challenges with the County regarding median breaks on county roads, and questioned if the County held any concerns with the placement of the proposed median breaks on this project. Director of Public Works Colbert responded the median breaks have been accepted by the County. Councilmember Hunter then questioned whether it is anticipated that there will be problems with right-of-way acquisition. Director of Public Works Colbert noted that no indication in writing has been made that property owners will oppose the acquisition process. Councilmember Awada directed staff to look into the feasibility of beginning boulevard plantings in the project area, in response to the Carriage Hill request. City Administrator Hedges noted Councilmember Awada's suggestion of investigating the feasibility of using service organizations, high schools, the summer youth corp. program, or the residents of Carriage Hills for cost savings in planting the boulevard trees. Awada moved, Wachter seconded, a motion to close the public hearing and approve Project 6387R, Street and Storm Sewer, for Yankee Doodle Road from Lexington Avenue through its intersection with TH 149, and authorize the joint preparation f plans and specifications with Dakota County as described. Aye: 5 Nay: 0 PROJECT 661, SIBLEY TERMINAL INDUSTRIAL PARK - STREET REHABILITATION Mayor Egan introduced this item as Project 661, Sibley Terminal Industrial Park street rehabilitation. City Administrator Hedges presented introductory remarks. Director of Public Works Colbert stated that as a result of the several neighborhood meetings with the interested and affected property owners the issues and concerns raised in those meetings have been taken into consideration in revising the feasibility report. He further explained that the cost of the project has been reduced by approximately 22%, and the assessments have been reduced by approximately 33% from what was originally proposed based on the comments that the industrial neighborhood provided and through further research and refinement on this project. He then introduced Steve Gatlin, P.E. Vice President with Maier Stewart & Associates. Mr. Gatlin explained the Sibley Terminal Industrial Park Roadway Improvement location, details of the project, cost, and proposed schedule of Project 661. He also furnished a slide presentation to illustrate the existing road condition and recommended roadway improvements located within the project area. Tim Herman, Vice-President of Aagard Environmental Services, 3291 Terminal Drive, representing eighteen property owners in the Sibley Terminal Industrial Park, submitted three judgements and justifications by the property owners pertaining to Project 661. These judgements by the eighteen property owners established: (1) Driveway improvements should be brought up to code as presented in Project 661, however, each individual owner should have the choice to contract for this service independently, or have the City of Eagan provide the service and assess the owner accordingly. The owners agree to have the entrances improved to standards before the City begins crack filling and seal coat work. (2) Yankee Doodle Road near Yankee Drive needs to be filled and overlaid, however, street reconstruction is not necessary. (3) The storm sewer improvements proposed ,e not necessary and should be removed from the project. Mr. Herman noted that of the eighteen property owners of the park, .ateen are in agreement of the three judgements presented, while the remaining two property owners are large out of state corporations whose corporate position on the project is unknown. Mr. Herman added that the eighteen property owners are opposed to the reconstruction of Yankee Doodle and Terminal Drive issue, for they feel it is unnecessary and the State has plans to widen Highway 13 to four lanes. Lastly, Mr. Herman thanked Councilmember Hunter and other councilmembers for taking the time to review the issue with him and other affected property owners. n(I- PAGE 7/EAGAN CITY COUNCIL MINUTES 'APRIL 19, 1994 Mike Gresser, owner of Gresser Concrete Masonry, expressed his opposition to the project and stated safety issues of the proposal design which lacks a current stop sign. Director of Public Works Colbert addressed Mr. Gresser's design concerns, stating that a letter Mr. Gresser referred to was sent out to all property owners that have frontage or take access off of Yankee Doodle Road extended north of Terminal Drive, in order to inform them that Mr. Gresser is proposing to subdivide his property. He added that the letter was sent to find out if existing modifications to the public right-of-way were acceptable to the affected property owners. As a result of that subdivision public hearing process, that information will be presented to the City Council and if it was determined best to reconfigure the intersection it would be most appropriate to have it completed as part of the 661 Project, if approved. Jerry Faehn, of Dunn and Bradstreet Software, voiced his approval for the project. George Rohde, 3259 Terminal Drive, stated he was opposed to the proposed project and questioned if he would need two 40 feet wide driveways with the traffic of only six semi-trucks a year with everything else being light duty trucks or cars. He also expressed concerns with incorrect stated front footage for his property. Mr. Gatlin explained that the firm is not recommending that the 40 feet wide driveways be installed, it was simply for illustration of the City standard. Instead, he added, it is the firm's intent to match existing driveways with reconstruction where they presently exist. Director of Public Works Colbert addressed Mr. Rohde's issue of the assessable area, by explaining the frontages that are identified in the assessment rolls are based on platted frontage. He added that there may have been a lot shift change or a combination that will be researched prior to the final assessment roll, to ensure the accurate frontage is based on current ownership. Don Wolf, representing Diesel Service Company, stated the Company is opposed to the project since he feels that the .mount of traffic where his company resides is much lower than the traffic area tested on Yankee Doodle Road. Director of Public Works Colbert commented on the reference that the State may be upgrading Highway 13 to four lanes, by remarking that upon reviewal of the State of Minnesota's Twenty-Year Plan, the State has no proposal for doing anything with Highway 13, north of Cedar Freeway. Councilmember Masin requested clarification of whether there is a schedule for upgrading for Yankee Doodle Road, other than Project 661. Director of Public Works Colbert responded there is not such an anticipated schedule. Councilmember Hunter requested whether there is a history of drainage problems that the storm sewers would correct. Director of Public Works Colbert responded that he did not have any documentation of any structural damage resulting from flooding or drainage, but it has been determined that at the low point on Yankee Doodle Road, because of the inadequate inlet capacity, that drainage is not being conveyed off of the street quickly, which is adding to the deterioration of the road. Councilmember Hunter questioned how many years can Yankee Doodle Road take before it drops to the 35 P.C.I. index and still be repaired with an overlay. Mr. Gatlin stated the speculation of the life dependency is dependant on several factors like truck traffic and the integrity of the underground sub-drainage. He added that with the lower portion of Yankee Doodle Road, the road condition is such that it won't last with just an overlay, it will go to the point of needing to be reconstructed within five years. Councilmember Wachter asked how much it actually costs to have the increased inlet capacity to the project for Yankee Doodle Road. Mr. Gatlin responded the incremental cost to the project to increase the inlet capacity for the existing system in a low area is approximately $30,0000, and that there is an additional cost of approximately $7,500 for work at intersection Trunk Highway 13. Councilmember Awada noted that any storm sewer improvements will be paid for in full by the City. She then .equested if staff had any reason not to allow the eighteen owners in Sibley Terminal Industrial Park to install their own driveways. Director of Public Works Colbert commented that it is a matter of coordination, but that the City has indicated to the owners that the private driveway installation is something that can be worked out. Councilmember Masin questioned whether the damage on Yankee Doodle Road was due to City repairs. Director of Ot..:i3 PAGE 9/EAGAN CITY COUNCIL MINUTES APRIL 19,1994 and comes from a neighborhood or a proposed plat must connect with that neighborhood collector, what does need to be done is to follow criteria, articulate why the road does or does not connect to that connector as well as the purpose for that road traffic, and those grounds must be based on legally justifiable reasons. Director of Public Works Colbert responded to Mr. Johnson's concerns of the feasibility of accessing the applicant's property from Highway 3, by stating that presently the City is processing a preliminary engineering concept of a four way intersection to both the Minnesota Department of Transportation and the railroad to obtain their concurrence to put a new intersection at this approximate location, adding that he has not yet received a response and would expect something within the next ten days to two weeks. Applicant, Scott Johnson reiterated his displeasure with staffs plan, stating that the applicants feel it is appropriate to access Dodd Road, being that it is a collector street and the 20 cars peak traffic that would be added to the neighborhood is almost insignificant. Mayor Egan stated the consensus of the Council was to consider the applicant's plat proposal which was presented to the City Planning Commission and City Council last year. Mr. Johnson requested clarification on the condition of the plan as proposed by staff, calling for approving the application conditional to the State granting access to the highway, should the State deny access. Director of Public Works Colbert explained that the City has not received formal approval from the State. Director of Community Development Reichert added that the reason staff had proceeded was in order to accommodate Mr. Johnson's schedule and Council's direction. Council continued to discuss assessment implications and access issues of the applicant's proposal. Chip Morgan, 4785 Dodd Road, stated he felt the compromise was acceptable, and that if Mr. Johnson's original proposal was used, he would like to see the City consider a rural area or estate size lots, which is generally what exists. Tom Gustafson, 4822 Dodd Road, expressed his desire to have a total vacation of Carol Street. Doug Johnson, 4775 Dodd Road, thanked the City Council and staff for their time and effort, expressed safety concerns and stated the need for sidewalks in the area. Jim Thompson, 4875 Dodd Road, thanked the City Council and staff for their efforts and expressed his desire to have Mr. Johnson compromise in his design proposal relating to Dodd Road for the neighborhood. Tom Tweeten, 4711 Dodd Road, stated he had safety concerns with respect to the animals, specifically horses, in the agriculture areas, as well as safety concerns regarding the traffic on Dodd Road. Clarence Fitz, 4785 South Robert Trail, reminded the Council his family had been assessed for trunk sewer capability and the hard surfacing of Dodd Road to his property, and asserted that this is the appropriate time for development of the area. He also requested the Council's approval for his original proposal. Jimmy Schumacher, 709 Nauvoo Lane, said it was inevitable the City will need to regulate traffic in the area, since the Cliff Road and Highway 3 intersection has become more dangerous. He added that he supported the suggestion to incorporate another road to access Highway 3. Larry Frank, 653 Brockton Curve, an employee of Arcon Development, expressed he was against the subdivision fronting off Highway 3 for safety issues. City Council discussion ensued relating to points presented by the public. Consensus of the Council established that Dr. Fitz's proposal was consistent with the Comprehensive Guide Plan, zoning map and designated zoning, as well as the use of Dodd Road at this time. Councilmember Awada stated she felt it would be prudent to zone the area to estate lots, following a petition from . ighborhood residents. Councilmember Masin expressed her support to deny the application as presented. Councilmember Wachter stated he had reservations about approving the application with the conditions as presented without knowing if the signalization would be granted by the State Highway Department. He expressed the need for signalization due to safety issues with school buses traveling across the railroad. PAGE 10/EAGAN CITY COUNCIL MINUTES APRIL 19, 1994 Mayor Egan and Councilmember Hunter both commented that the application before the Council was proper for approval being consistent with the Comprehensive Guide Plan. They further stated that there existed no basis for denial. Hunter moved, Mayor Egan seconded, a motion to approve the rezoning of 14.8 acres zoned agricultural to R-1 for Arcon Development, Inc. located along the east side of Dodd Road, west of Highway 3 in Section 36 and a preliminary plat consisting of not more than 20 lots on said property, subject to the following revisions: 1. Access from Highway 3 with a cul-de-sac backing onto Dodd Road, subject to MnDot approval. 2. Development of not more than 20 lots meeting R-1 zoning requirements. 3. Compliance with all Planning Commission conditions still relevant given revision in the access and road alignment. 4. Submission of revised lot layout, grading, tree preservation, utility, drainage and landscaping plans for approval by staff prior to development of final plat documents. Aye: 3 Nay: 2. Councilmember Awada and Councilmember Masin voting nay. Due to the requirement of a 4/5 vote for approval, the Council vote was insufficient to approve the rezoning of 14.8 acres zoned agricultural to R-1 for Arcon Development, Inc., located along the east side of Dodd Road, west of Highway 3 in Section 36 and a preliminary plat consisting of not more than 20 lots on said property subject to the four conditions listed above. Mr. Johnson then requested that the dissenting members of the Council articulate their reasons for doing so. City Administrator Hedges responded that it is customary for any kind of denial that the City Attorney's office be directed to prepare Findings, and then return to the Council for consideration. AMENDMENT, CONDITION #7 OF LEXINGTON POINTE EIGHTH 8TH ADDITION Mayor Egan introduced this item as amendment, Condition #7 of Lexington Pointe Eighth Addition. City Administrator Hedges provided a brief background on this item and explained the request of the developers of Lexington Pointe 8th and 9th Additions to eliminate condition #7 of plat approval that reads: "The Lexington Pointe Parkway shall include a 42" black chain link fence and a staggered design with gates and shall be landscaped," and to instead, allow the existing berming, proposed landscaping and straight line fence with no gates along the Lexington Point Parkway. Mayor Egan requested whether staff supported the modification to allow for the existing berming, proposed landscaping and straight line fence with no gates along the Lexington Point Parkway. City Administrator responded that staff was in full concurrence with the modifications. Hunter moved, Wachter seconded a motion to approve the modification of condition #7 of Lexington Pointe Eighth Addition, with the following condition of approval being added: "Landscaping plans prepared by Landmark Design for the area along Lexington Pointe Parkway shall be adhered to." Aye: 5 Nay: 0 FINAL PLAT, LEXINGTON POINTE 10TH ADDITION Mayor Egan introduced this item as final plat, for Lexington Pointe 10th Addition. Wachter moved, Hunter seconded, a motion to approve the final plat for the Lexington Pointe 10th Addition. Aye: 5 Nay. 0 R-94.25 GRADING PERMIT APPLICATION, OUTLOT A, LEXINGTON POINTE 8TH ADDITION Mayor Egan introduced this item as grading permit application for Outlot A, Lexington Pointe 8th Addition. City Administrator Hedges made introductory remarks, stating the issue staff has raised whether the temporary stockpile as the developer indicated will be removed in a timely manner. PAGE 11/EAGAN CITY COUNCIL MINUTES APRIL 19, 1994 Bob Engstrom, the developer, expressed his understanding of the concerns stated and alleged that his situation was different due the existing berm. He stated he would be willing to sign a disclosure agreement, noting that the stockpile is only temporary in nature, in escrow with the title company possessing the deeds for the property. City Attorney Sheldon clarified that such an agreement could be drafted not as a part of the title, but part of the disclosure for the sales transactions as part of the purchase agreements. He added that with the applicants consent, the grading permit and the provisions of the bond could be modified to set a specific limit of the amount of dollars that it would take to correct the problem and also the appropriate authority to do so. The applicant was in agreement of the two year provision established by the Council Councilmember Wachter suggested spreading the dirt lower in order to spread it over a wider area. The applicant responded that if a two year time limit was established and at the end of two years there was not a commercial use in process that he would have to reevaluate spreading. Wachter moved, Hunter seconded a motion to approve a Grading Permit #EX 26-024 for Outlot A, Lexington Pointe 8th Addition with the understanding that a two-year bond would be attached. Aye:5 Nay:0 Director of Public Works Colbert requested clarification on what action the City would wish to pursue should the stockpiling still exist. Mayor Egan responded that at the end of the two years the City would initiate a removal or a spreading of that material. Aye: 5 Nay: 0 RECOMMENDATION, AIRPORTS RELATIONS COMMITTEE, APPLICATION OF METROPOLITAN AIRPORTS COMMISSION PART 150 LAND USE PROGRAM FUNDING, SOUND INSULATION PROGRAM-- Mayor Egan introduced this item as Recommendation by the Airport Relations Committee, Application of Metropolitan Airports Commission Part 150 Land Use Program Funding, Sound Insulation Program. City Administrator Hedges provided introductory remarks. Assistant to the Administrator Hohenstein provided a brief background on the item, described the location of the area and recounted Airport Relations Committee deliberations on the item. An observer in the audience stated he agreed with the Airport Relations Committee's recommendations. Councilmember Awada suggested that the City pursue all of Country Home and Highview and then loan the rest of the dollars to another City while deciding whether it is feasible to obtain a grant from the Metropolitan Airports Commission to buy out McKee Additions and other areas. Assistant to the City Administrator Hohenstein stated he wished the Council to be aware of the way the program works; the MAC, in attempting to solve a residential problem, will only purchase residential property. Assistant to the City Administrator Hohenstein clarified the difference in the Airport Relations Committee recommendations and Councilmember Awada's recommendations, stating the recommendation of the Committee placed first priority on pre-1978 ownership, and Council discussion continued on the Airport Relations Committee survey findings. Council consensus was for moving land use up from the third priority to the top priority. A speaker from the audience stated that if the concept of buying out the houses was deemed desirable, then it should be undertaken first. He added that he preferred sound proofing. Councilmember Awada made a motion, Hunter seconded prioritizing the program for all of Country View Heights, Highview and the freestanding buildings in the commercial areas at this point and exploring the possibility of buying out McKee Addition with the program within the next four years. Aye: 5 Nay: 0 SPECIAL USE PERMIT, TO ALLOW A MONSTER TRUCK CAR CRUSHING EVENT ON APRIL 30 AND MAY 1, 1994 AS PART OF THE GRAND OPENING OF MACDONALD AUTOWORKS, INC. Mayor Egan introduced this item as a Special Use permit for Terry MacDonald, to allow a monster truck car crushing event on April 30 and May 1, 1994, as part of the grand opening of MacDonald Autoworks, Inc., located on Lot 4, Block 1, Barton McGray Addition to the northeast quarter of Section 19. PAGE 12/EAGAN CITY COUNCIL MINUTES 4PRIL 19, 1994 City Administrator Hedges provided introductory remarks. Director of Community Development Reichert explained the location and provided brief remarks on the item, noting that the traffic issues had been worked out with the use of Explorer Troops directing traffic. Hunter moved, Masin seconded a motion to approve the Special Use Permit, to allow a monster truck car crushing event on April 30 and May 1, 1994 as part of the grand opening of MacDonald Autoworks, Inc., located on Lot 4, Block 1, Barton McGray Addition in the NE 1/4 of Sec 19, subject to the following conditions: 1. The permit is temporary and will only be valid only on April 30 and May 1, 1994. 2. Car removal and clean-up of the area will take place within 24 hours of May 1, 1994. 3. Restoration of the area will take place before May 9, 1994. 4. The City will be provided with an adequate and acceptable insurance rider by April 22 to cover the personal and property liability of spectators in City right-of-way. 5. Detours and rerouting of traffic will need to be executed in accordance with the Minnesota Manual on Uniform Traffic Control Devices. All costs associated with the rerouting of traffic shall be born by the Applicant. Aye: 5 Nay: 0 SPECIAL USE PERMIT/SHOW LICENSE/ GOPHER STATE EXPOSITIONS, INC. Mayor Egan introduced this item as a Special Use Permit/Shows License, Gopher State Expositions, Inc., to allow carnival rides, games and food concessions May 5-8, 1994, on the westerly portion of the Walmart parking lot located on Lot 1, Block 1, Town Centre 70 11th Addition in the northwest quarter of Section 15. City Administrator Hedges provided introductory remarks, stating the issue that has been raised relates to camping on location. Council discussed concerns with camping in a retail area. City Administrator Hedges noted in regard to City Council discussion, that staff has raised concerns with the lack of compliance with Walmart outside storage conditions. Councilmember Wachter stated he was not in favor of the application due to the camping and related sanitation issues. Hunter moved, Masin seconded, a motion to approve a special use permit for Gopher State Expositions to allow carnival rides, games and food concessions, but not camping, on May 5-8, 1994 in the westerly portion of the Walmart parking lot located on lot 1, Block 1, Town Centre 70 11th Addition in the northwest quarter of Section 15 to the following conditions: 1. This permit is temporary and will expire May 9, 1994. 2. All proposed signage must meet City Sign Code requirements and be approved by staff. 3. Trash shall be collected and hauled away daily. Aye: 4 Nay. 1, Wachter voting nay. REZONING/PRELIMINARY PLAT/VARIANCES LUNDGREN BROTHERS CONSTRUCTION/ROONEY ADDITION Mayor Egan introduced this item as Rezoning, Lundgren Brothers Construction, of ten acres from A (Agricultural) to R-1 (Single family) for Lundgren Brothers Construction/Rooney Addition, consisting of 18 single-family lots and one outlot on ten acres and Variances to the minimum required lot width for eight lots (lots 5-7 and 10-14) and the front setback for all lots located along the north side of Diffley Road, east of Blueberry Lane in the southeast quarter of Section 22. ~GJ PAGE 13/EAGAN CITY COUNCIL MINUTES APRIL 19, 1994 City Administrator Hedges provided introductory remarks. Director of Community Development Reichert explained the application and location, noting condition #1, #5 and #7 had been modified. Brian Olson, a representative of Lundgren Brothers Construction, Inc., explained the three conditions that were modified since the Planning Commission dealt with three feet of drainage easements that needed to be above the 100-year flood level. Council discussion related to the modification and the time frame of the project. Wachter moved, Awada seconded a motion to approve a rezoning from A (Agricultural) to R-1 (Single-Family) and a preliminary plat for Lundgren Brothers Construction for the Rooney Addition consisting of 18 single-family lots and one outlot on ten acres and variances to the minimum required lot width for eight lots, Lots 5-7 and 10-14 and a front setback for all lots located along the north side of Diffley Road, east of Blueberry Lane in the southeast quarter of Section 22 subject to the 13 conditions set forth by the Advisory Planning Commission as modified by subsequent analysis and consultation between the applicant and City staff regarding Conditions 1, 5, and 7: 1. These standards conditions of plat approval as adopted by Council action on February 2, 1993 shall be complied with. Al, B1, B2, B3, B4,Cl,C2,C3,D1,ElandH1 2. A variance to the minimum lot width for Lots 5-7 and 10-14. 3. A variance of 5' to the front building setback for all lots is for the purpose of saving trees. 4. A variance of 200' to the maximum allowed cul-de-sac length. 5. An emergency overflow outlet oufot for the wetland located adjacent to proposed Lots 5-9 in the north central portion of the site shall be provided at elevation 897.2 which is the high water level of the wetland. 6. The development shall submit detailed plans and specifications covering the construction of the retaining wall with the final grading plans. 7. The bottom of the proposed retaining wall shall be constructed a minimum of 3feet one (1) foot above the high water level of the wetland. 8. A cash water quality dedication. 9. To improve fire protection to the proposed house on Lot 6, a hydrant shall be located along the private street in lot 5. 10. Proposed lots 9, 10, and 11 will require privately purchased, installed and maintained sewage lift pumps to service all home levels below a 904 elevation. 11. The private street shall be a minimum of 20 feet wide. 12. A cash park land and cash trails dedication. 13. Private street casements shall be submitted to the City Attorney's office prior to final plat approval, with appropriate documentation recorded with the plat. Aye: S Nay. 0 REZONING/MARRELL INC. Mayor Egan introduced this item as a Rezoning, Marrell Inc., of 30.1 acres from A (Agricultural) and R-4 (Multiple) to R-1 (Single Family) located along the south side of Lone Oak Road, north of Highway 55 in the northeast quarter of Section 12. PAGE 14/EAGAN CITY COUNCIL MINUTES APRIL 19, 1994 City Administrator Hedges provided a brief background on this item and Director of Community Development Reichert explained the application and its location in further detail. She noted that the Airport Advisory Commission feels that the City should discourage residential development as much as possible in the area because it is a noise impacted area. Specifically regarding the issue of access, Ms. Reichert explained, MnDot has a plan that over time they would like to see Highway 5 with limited access. Mike Gair, Marell Inc.'s consultant, introduced: Lyle Nash, a developer representing developer/applicant Marell Inc.; David Nash, Project Engineer for Marrell Inc.; Mr. Stacker, property owner; Mr. Robbins, property owner; and Tom Baker, Real Estate Agent. He expressed Marrell's support for Mr. Ducoster's efforts to rezone the extreme western portion of the area for commercial uses. Mr. Gair added that the applicant feels the residential use proposed, consisting of sixty single-family residential home sites, is an appropriate use due the topographic relief, woodlands and wetlands in the area. In order to mitigate the traffic concerns on Highway 55, Mr. Gair stated the applicant had worked with the County Engineer to locate an access, thereby creating a parallel east west system to C.R. 26 at a location the County finds most desirable. Mayor Egan requested clarification on the point the applicant brought up regarding discussion concerning the frontage road along Highway 55, asking specifically if it would change staff's opinion on the access. Director of Community Development Reichert responded in several conversations with MnDot, staffs position is that they do not want any accesses off of Trunk Highway 149. City Council discussion on the four issues of the application relating to suitability, airport noise, neighborhood parks, and access followed. Mayor Egan questioned whether City Attorney Sheldon was comfortable with the City Council following staffs recommendation for denial. Mr. Sheldon responded, based upon the criteria that had been established in the report, the suggestions made and the background, it appeared the Council had the ability to accept the staff and Planning Commission recommendations. Council and staff discussion continued relating to the present and future intended usage for the area. Howard Stakker, Partner in R.E.S. Investment Company, the owner of the subject property, requested approval of the application based on earlier requests by neighbors for residential development, and the suitability of those lots for the area. Sollie Robbins, Partner in R.E.S. Investment Company, recalled Amcon case findings, stating that the City must justify its decision based upon public safety and the welfare of the community. He questioned how the City plans to proceed with the February 1994 Commercial Land Use Study related to the area in question and responded to the four issues raised by staff. Councilmember Hunter commented that the developer seemed to have investment backed expectations and Hunter was uncomfortable denying the request. Wachter moved, Hunter seconded a motion to continue a rezoning of 30.1 acres from A (Agricultural) and R-4 (Multiple) to R-1 (Single Family) located along the south side of Lone Oak Road, north of Highway 55, in the northeast quarter of Section 12, until the May 3, 1994 regular City Council meeting in order to allow the City Attorney to prepare findings consistent with City Council discussion and to explore the issue of investment backed expectations. Aye: 5 Nay: 0 PRELIMINARY PLAT/FINAL PLANNED DEVELOPMENT/VARIANCES ARGUS DEVELOPMENT/ ST. CHARLES WOOD ADDITION Mayor Egan introduced this item as Preliminary Plat/Final Planned Development/Variances, Argus Development/St. Charles Wood Addition, consisting of 24 single-family lots on ten acres and setback variances for Outlot F, Oak Cliff 3rd Addition, located along the east side of Slater Road in the northwest quarter of Section 31. City Administrator Hedges provided a brief background on this item and Director of Community Development Reichert explained the application and its location in further detail. Dale Runkle, representing Joe Miller Homes and the applicant, stated that the applicant was in agreement with the Planning Commission conditions. John Davies, a resident of White Oak Court, stated he represented many of the 200 residents of the area, and that they recommended approval of this development with three conditions, including: 1) Covenants against outside storage on the turnarounds, 2) Minimum size of house, 3)Time limit for completion of each individual home. City Attorney Sheldon responded that the City does not have the prerogative of dictating house size nor dictating time of construction. Mr. Runkle responded that PAGE 15/EAGAN CITY COUNCIL MINUTES A.PR1L 19, 1994 the City allows tree removal for up to 25%, and that the applicant's grading proposal, showing a worst case situations for the grading, is only at a fraction over that at 25.7%. Ernie Companion, a resident, expressed his concern for the potential tree loss, and stated he has seen identical trees that are tagged and untagged, when the criteria states that after a certain diameter the trees are to be tagged. Mr. Companion presented a plan that called for the elimination of at least three homes built in the low lying area in order to preserve a substantial number of trees. Mr. Runkle stated the City had contracted a tree specialist company to tag and log all the trees within the area, and that some of the tags may have been removed with children playing in the area. Council discussion on tree preservation guidelines continued, noting that the applicant's plan was workable in that it saved a majority of the trees and was also realistic to the developer. Kurt Denson, 4750 Oak Cliff Drive, stated his main concern is loss of trees. Councilmember Awada requested clarification on the proposal for flattening the grading on the hill residents had raised concerns over. Bob Whigget, of Paramount Engineering and Design, stated the noise issue residents had raised with the grading of the hill, would be a non-issue with the proposed extensive evergreen plantings. Council discussion continued on noise controls and topography issues. Hunter moved, Awada seconded to approve a preliminary plat, final planned development and variances as requested by Argus Development for the St. Charles Wood Addition, consisting of 24 single family lots on 10 acres and setback variances for Outlot F, Oak Cliff 3rd Addition, located along the east side of Slater Road in the northwest quarter of Section 31 subject to the 10 conditions recommended by the Advisory Planning commission: 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993 shall be complied with: Al, B1, B2, C1, C2, C3, C4, D1, El, F1, GI and H1 2. A variance of 5' to the front building setback for all lots. 3. The Final Planned Development will be considered as part of the final plat approval. 4. The existing 18" storm sewer line that drains the low point of Slater Road adjacent to Lot 5 shall be diverted to pond AP-45. 5. If fill is placed over the existing 10" sanitary sewer, the developer will be responsible for raising manholes up to the new grade and provide verification of the load bearing capacity of the pipe. 6. The grading plan shall protect the existing trees in the northeast and southeast comer of the site and to add a landscaped berm along the east edges of the site to help screen along the Cedar Avenue Freeway. 7. On Lots 2 through 6, the driveway connections to Slater Road shall include a turnaround on the driveways. 8. A land covenant must be recorded that prohibits outdoor storage within the tum-around area. 9. The developer shall meet with the residents as early as possible before the item is presented to the City Council. 10. The developer shall pay a cash trials dedication and provide an eight foot wide bituminous trial connection from the cul-de-sac, through a berm designed to act as a buffer, to the park and a 20' wide easement to accommodate the trail. Aye: 5 Nay: 0 PRELIMINARY PLAT/FINAL PLANNED DEVELOPMENT PULTE HOME CORP./CLIFF LAKE TOWNHOMES ADDITION Mayor Egan introduced this item as Preliminary Plat/Final Planned Development, Pulte Home Corp./Cliff Lake Townhomes Addition, consisting of 15 lots for 160 townhouse units on 22.89 acres on Outlots C and D, Cliff Lake Centre, located along the north side of Cliff Lake Road, west of Blackhawk Road in the southwest quarter of Section 29. PAGE 16/EAGAN CITY COUNCIL MINUTES APRIL 19, 1994 City Administrator Hedges provided a brief background on this item and Director of Community Development Reichert explained the application and its location in further detail. Ken Tyler, 4346 Fox Ridge Court, expressed three concerns: 1)Placement of proposed trails to the south of the development 2) Entry off Blackhawk into the eastern side of this development, 3) Issue of adequate tree screening in order to block off car lights into windows, and 4) The placement of an overflow drain proposed for the pond lying directly north of Highline Park. City Council discussion related to drainage issues. Margaret Angle, 4340 Fox Ridge Court, stated she applauded the project but urged the Council to reduce the traffic speed to 35 m.p.h. on Blackhawk and study what the appropriate speed limit should be. Director of Public Works Colbert responded that the City Council does not have the authority by State statute to change speed limits. Wachter moved, Hunter seconded a motion to approve a preliminary plat for the Cliff Lake Townhomes Addition consisting of 15 lots for 160 townhouse units on 22.89 acres for Outlot C and D, Cliff Lake Centre, located along the north side of Cliff Lake Road, west of Blackhawk Road in the southwest quarter of Section 29 subject to the 11 conditions of preliminary recommended by the Advisory Planning Commission with the additional condition recommended by staff related to approval of a modified indirect source permit: 1. These standard conditions of plat approval as adopted by Council actions on February 2, 1993 shall be complied with: Al,B1,B4,C1,C2,C4,D1,El,Fl,GIandH1. 2. The developer shall be responsible for preparing and recording with the plat, appropriate documents established a homeowner's 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 homeowner's association shall be recorded with the plat. 3. The developer shall provide 3 feet of freeboard from the HWL of the ponds to the lowest entry level of the proposed buildings. 4. An emergency overland outlet from the low point on Rahn Road shall be constructed through the site to Pond AP-24. 5. The development is required to submit detailed plans and specifications of the proposed retaining wall construction for staff review prior to grading issuance. 6. The development will be responsible for any damage done to the City's existing trunk sanitary sewer as a result of the development's activities. 7. The two existing driveway openings that were provided to this site when Cliff Road was built shall be removed and a center island constructed across the opening. 8. The existing center median opening on Cliff Lake Road and any driveway connections that require relocation of street lights may require the installation of additional street lights. 9. Continuous street lighting shall be maintained along Cliff Lake Road and any driveway connections that require relocation of street lights may require the installation of additional street lights. 10. The excess right-of-way on Blackhawk Road shall be vacated prior to final plat approval. 11. The development shall provide 20 feet of open area free of landscaping that would restrict visibility along the east right-of-way line of Rahn Road from the private street connection to the south for a distance of 200 feet. 12. The developer shall execute and record all required easement documents for the common driveways. 13. The developer shall provide vegetation screening along Blackhawk Road. PAGE 17/EAGAN CITY COUNCIL MINUTES APRIL 19, 1994 14. The developer shall provide an upgraded buffer along the wetlands within the subject property. Aye: 5 Nay: 0 Hunter moved, Wachter seconded a motion to approve a final development for the Cliff Lake Townhomes Addition consisting of 15 lots for 160 townhouse units on 22.89 acres on Outlots C and D, Cliff Lake Centre, located along the north side of Cliff Lake Road, west of Blackhawk Road in the southwest quarter of Section 29 subject to the conditions recommended by the Advisory Planning Commission: 1. A 15 building, 160 unit, townhome project to be platted as "Cliff Lake Townhomes" is approved for Outlots C & D, Cliff Lake Centre as part of the Eagan Hills West Planned Development. 2. The associated Final Plat shall be approved and recorded at Dakota County. 3. Execution of a Final Planned Development Agreement including: Final Site Plan; Final Building Elevations; and Final Landscaping on a Grading Plan. 4. All landscaped and green areas shall be served by underground irrigation. 5. All trash/recycling containers shall be stored in individual garages. 6. Maintenance free building exteriors are required. Aye: 5 Nay. 0 PRELIMINARY PLAT/SILVER BELL 2ND ADDITION/NORMAN VOGELPOHL Mayor Egan introduced this item as Preliminary plat, Silver Bell 2nd Addition-Norman Vogelpohl, consisting of one lot and two outlots on 25.65 LI (Light Industrial) acres located along Kennebec Drive in the southeast quarter of Section 18. City Administrator Hedges provided brief background comments and Director of Community Development Reichert provided additional information on location and the application. Ralph Wagner, a representative for Norman Vogelpohl, provided additional comments on the application. Awada moved, Hunter seconded, a motion to approve a preliminary plat for Silver Bell 2nd Addition for Norman Vogelpohl consisting of one lot and two outlots on 25.65 light industrial areas located along Kennebec Drive in the southeast quarter of Section 18, subject to the following 6 conditions set forth by the Advisory Parks, Recreation, and Natural Resources Commission: 1. These standard conditions of plat approval as adopted by Council action on February 3, 1993 shall be complied with: Al, B1, B2, C1, C2, C4, El, F1, G1, and H1 2. The proposed parking lot shall be designed to allow drainage to flow to the outside concrete curb and gutter which will convey the drainage to the proposed storm sewer system. 3. The final utility plan shall include the extension of an 8" watermain along the east property line of the site. 4. The two driveway connections to the public street shall include concrete aprons with a minimum width of 30 feet. 5. A trash enclosure shall be contained within the same building, or attached to the building made for the same building material as the principal building. 6. Rooftop mechanical equipment shall not be visible from any right-of-way. Aye: 5 Nay. 0 PAGE 18/EAGAN CITY COUNCIL MINUTES APRIL 19, 1994 LULL FINANCING OPTIONS Mayor Egan introduced this item as Lull Financing DTED and St. Paul Port Authority financing options. Director of Community Development Reichert explained the request for the grant of approximately $300,000, noting there would be no risk to the City. She added that Kirk Duhome of the Economic Development Commission has reviewed the preliminary financial and credit information that has been gathered thus far, and found it acceptable. Mayor Egan moved, Masin seconded, a motion to approve the following: 1) the use of Minnesota Department Trade and Economic Development's available grant money for Lull Industries and the submission of a final grant application therefore. 2) Approval of revolving loan fund criteria in the staff report 3) Approval of St. Paul Port Authority financing for Lull Industries in the amount of $3,000,000. Aye: 5 Nay: 0 DAKOTA COUNTY LEAGUE OF GOVERNMENTS Councilmember Hunter noted that at the previous Dakota County League of Governments meeting 26 people attended, and discussion exceeded two hours on the Minnesota Blueprint. He encouraged all Councilmembers to attend if their schedules allowed. APPLE VALLEY CITY ADMINISTRATOR Following a few brief remarks by City Administrator Hedges, he noted that last Thursday Tom Melena resigned as the :ity Administrator of Apple Valley in order to pursue his Doctoral Degree. CONTRACTUAL LEGAL SERVICES Mayor Egan noted that there had been a consensus reached at the workshop prior to the regular City Council meeting, that the Council would interview only for general counsel, and that in-house counsel discussion was foregone at this time. NATIONAL LEAGUE OF CITIES MEMBERSHIP Mayor Egan introduced this item as National League of Cities Membership. Consensus was reached to discontinue further consideration of the additional cost of NLC membership. PARK SYSTEMS PLAN SURVEY The Council was encouraged to fill out their surveys and submit them as soon as possible. PUBLIC WORKS DIRECTOR CITY CONTRACT NO.94-07,PUBLIC SAFETY BUILDING PHASE I GRADING Mayor Egan introduced this item as City Contract No. 94-07, Public Safety Building Phase I, grading. Director of Public Works Colbert stated this is the plans and specifications that have been prepared by in-house staff to the grading and dirt work necessary to allow the first phase of municipal expansion to begin. Wachter moved, Awada seconded a motion to approve the plans and specifications for contract 94-07, Public Safety Building Phase I grading and authorize the advertisement for a bid opening to be held at 11:00 a.m., Friday, May 13, 1994. Aye: 5 Nay: 0 PAGE 19/EAGAN CITY COUNCIL MINUTES .PRIL 19, 1994 RESOLUTION APPROVING PARKING RESTRICTIONS (DODD ROAD BETWEEN CLIFF ROAD AND DIFFLEY ROAD) Mayor Egan introduced this item as Resolution approving parking restrictions Dodd Road between Cliff Road and Diffley Road). Director of Public Works Colbert explained the location and the request in further detail. detail. Hunter moved, Wachter seconded, a motion to approve the Resolution approving parking restrictions (Dodd Road between Cliff Road and Diffley Road). Aye: 5 Nay. 0 R-94.26 Lee Stransky, 2865 Pilot Knob Road, questioned whether the sweeping of the boulevards would be an every year event, and if the City was planning on replacing the grass torn up. City Administrator Hedges stated he would follow up on Mr. Stransky's concerns over torn up grass the following day. EC ; tE ITEM Director of Community Development Reichert provided an update on the Dakota County Economic Development Partnership. Councilmember Wachter stated he received a call inquiring whether three large trees located on the north east comer of one Oak Road at Crate Prospects, could be saved. Council directed staff to look into the possibility of saving the trees. Councilmember Masin provided an article on the importance of the SuperHighway Information Legislation to City Administrator Hedges for distribution. CHET Wachter moved, Egan seconded, a motion to approve the checklist dated April 19, 1994, in the amount of $1,097,730.02. Aye: 5 Nay. 0 The regular meeting of the Eagan City Council was adjourned at approximately 2:00 a.m. JP CITY OF EAGAN E. anOverbeke 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 nployment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, .,r status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid.