Loading...
07/20/1993 - City Council Regular 00221 MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota July 20, 1993 A regular meeting of the Eagan City Council was held on Tuesday, July 20, 1993, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin, and Hunter. Also present were City Administrator Hedges, Acting Community Development Director Jon Hohenstein, Director of Public Works Tom Colbert, and City Attorney James Sheldon. Wachter moved, Awada seconded, a motion to approve the agenda of the July 20, 1993, regular City Council meeting as presented. Aye: 5 Nay: 0 In regard to the minutes of the July 6, 1993, regular City Council meeting, Councilmember Hunter recommended the following addition: Page 15, Paragraph 2, ADD the following sentence: "Staff was directed to enforce the ordinance as written." Awada moved, Hunter seconded, a motion to approve the minutes of the July 6, 1993, regular City Council meeting as presented. Aye: 5 Nay: 0 Wachter moved, Masin seconded, a motion to approve the minutes of the June 30, 1993, special City Council meeting as presented. Aye: 5 Nay: 0 Hunter moved, Awada seconded, a motion to approve the minutes of the July 6, 1993, special City Council meeting as presented. Aye: 5 Nay: 0 FIRE DEPARTMENT/INTRODUCTION OF NEW VOLUNTEER FIREFIGHTERS Mayor Egan introduced this item as the introduction of the new volunteer firefighters. Dale Nelson, Fire Chief, made a brief presentation regarding the department and its volunteers. He then acknowledged the new firefighters and introduced those who were present. Mayor Egan expressed the City's gratitude for the firefighters' contribution and dedication to the City of Eagan and then presented badges to Ted McMillan and Darrin Lundeen. Wachter moved, Hunter seconded, a motion to accept Darrin Lundeen, Ted McMillan, Mark Miller, Matt Mozingo, Chuck Sincox, and William Sutterley as regular members of the Eagan Volunteer Fire Department. Aye: 5 Nay: 0 POLICE DEPARTMENT/DIRECTION, HUNTING LICENSES Mayor Egan introduced this item as direction regarding hunting licenses for the 1993 season. City Administrator Hedges stated that comments are made each year regarding the issue of hunting licenses in the City and after speaking with Chief of Police Geagan, decided it may be well to get direction from the City Council. Chief Geagan indicated that the City has been following those guidelines adopted in 1989 and would like Council's direction as to whether these guidelines still apply. 0C PAGE 2/EAGAN CITY COUNCIL MINUTES July 20, 1993 Councilmember Wachter said the City has grown to the point where perhaps hunting should no longer be permitted. Councilmember Hunter was of the opinion that there are some areas that can still be hunted along the river and indicated he was not in favor of an out and out ban. Councilmember Awada agreed. Mayor Egan also indicated that his concerns for general safety were outweighed by the danger on the roads due to the large deer population. Councilmember Masin asked whether the hunted properties were posted because children may wander into hunting areas accidently. Chief of Police Geagan mentioned there have been a number of licenses issued for properties outside of the river bottoms, few of which were issued to the property owners but rather friends or lessees. He doubted very much that the properties would be posted. Chief Geagan stated that if the City Council is comfortable with the guidelines, applicants will be informed of the criteria before bringing the licenses to the City Council for consideration. After discussion, a meeting of the Personnel Committee will be set to review the City's car use policy. Additional discussion took place regarding Items D and E and why both had come in over estimates. The sealcoating bid was adversely affected by delays in the industry due to poor weather. Because of the high bids, only a portion of the bid was awarded. A. Personnel Items Item 1. Seasonal Park Maintenance Workers--It was recommended that the hiring of David Jungers and James McKnights as seasonal maintenance workers be ratified. Item 2. Seasonal Park Attendant--It was recommended that the hiring of Laura Hampton as a seasonal park attendant be ratified. Item 3. Seasonal Recreational Assistant--It was recommended that the hiring of Brian Larson as a seasonal recreational assistant be ratified. Item 4. Resignation/Temporary Recycling Coordinator--It was recommended that resignation of Kris Hageman as temporary recycling coordinator be accepted and the advertising for the regular position of solid waste/communications coordinator authorized after the Community Development Director position is filled. Item 5. Revision to Personnel Policy/Section 4--It was recommended that the changes to the City's personnel policy, Section 4.2 to include "sexual orientation" as a protected class, be approved to be effective August 1, 1993. Item 6. Revision to Personnel Policy/Section 16--It was recommended that the addition to the City's personnel policy of Section 16.4 regarding "Family and Medical Leave Act leave" be approved effective August 5, 1994, for non-collective bargaining employees at the City of Eagan. (The provisions of the Family and Medical Leave Act leave will be effective for members of the police and sergeants bargaining units on January 1, 1994, and for members of the clerical and maintenance bargaining units on February 5, 1994). Item 7. Revision/Car Allowance/Car Use Policy--It was recommended that the revised City of Eagan's car-allowance/car use policy be approved. B. License. Plumbers It was recommended that the plumbers' licenses as listed in Exhibit A be approved. 00223 PAGE 3/EAGAN CITY COUNCIL MINUTES July 20, 1993 C. Contract 93-10. Approve Plans/Authorize Advertisement for Bids (Hawthorne Woods 3rd Addition - Utilities) It was recommended that plans for Contract 93-10 be approved and the advertisement for a competitive bid opening authorized to be held at 10:30 a.m., Friday, July 30, 1993. D. Contract 93-08. Receive Bids/Award Contract (Woodlands North 3rd Addition - Streets & Utilities) It was recommended that the bids for Contract 93-08 (Woodlands North 3rd Addition - Streets & Utilities, Miscellaneous Maintenance Improvements) be received and the contract awarded to the lowest responsible bidder and the Mayor and City Clerk authorized to execute all related documents. E. Contract 93-09. Receive Bids/Award Contract (1993 City Wide Street Sealcoating) It was recommended the contract for City-wide sealcoating be reduced to $237,200 and the remaining sealcoating of streets deferred into the 1994 program. F. Amendment. Ordinance, Incorporating 1993 Laws of Minnesota Highway Traffic Re lation It was recommended that the ordinance amendment incorporating 1993 Laws of Minnesota Highway Traffic Regulation be approved. G. Licenses. Shows and Solicitor. Autumn. Inc./dba Haunted Hayrides. 1460 Diffley Road It was recommended that the shows and solicitor's license for Michael Knoll for Haunted Hayrides 1993 be approved. H. Final Plat. River Bluff Townhomes It was recommended that the final plat for the River Bluff Townhomes be approved. R-93.51 1. Grant. Oak Wilt Suppression Program It was recommended that the grant agreement for the oak wilt suppression program be approved. Awada moved, Wachter seconded, a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 Mayor Egan introduced Barbie Szunyi who is a Hungarian exchange student sponsored by the Rotary Club of Eagan. Ms. Szunyi has spent the last year in Eagan and will tomorrow return to her home in Hungary. On behalf of the City Council and the City, Mayor Egan said all will miss her and wished her well. OC224 PAGE 4/EAGAN CITY COUNCIL MINUTES July 20, 1993 PROJECT 653R/STREETLIGHTS/CEDAR GROVE 4TH Mayor Egan introduced this item as Project 653R, Streetlights (Cedar Grove 4th Addition). City Administrator Hedges explained that a petition for reconsideration of Project 653R had been presented to the City Council and a new public hearing scheduled for July 20, 1993. Director of Public Works Colbert briefly described the project and noted that the assessments would be approximately $466 per lot, spread over 15 years, at an interest rate of 6.5%. Mr. Colbert reported that petitions for and against had been received and as of 4:00 p.m., of 192 lots, 85 were for, 91 were against, 20 property owners signed both petitions, 2 had changed their opinion from previously in favor to now opposed, and 1 signer did not live in the project area. Mr. Colbert said staff had only checked addresses and whether the address was in the project area. He said the duplicate names could have been one member of a household signing one petition and another signing the other. Patty Patzman, 2089 Quartz Lane, who circulated one of the petitions stated it was her understanding that if a person has signed both petitions, the last one signed is the legal one. She said her petition opposed to the project was the last one circulated. Pat Joyce, 4357 Copper Point, stated that the issues and costs had not changed since the first public hearing. Mr. Joyce said the interior of Cedar Grove is very dark and a number of people had worked very hard to get the streetlights approved. He cautioned that the costs of the project would only go up and urged approval. Bev Scheerz, 2043 Copper Lane, also expressed concerns about how dark the neighborhood is and her belief that there would be less vandalism with more light. She said $466 spread over 15 years could hardly impact anyone's budget and would depend upon their priorities. She said safety was the utmost priority. Bill Leake, 2126 Quartz Lane, stated that the streetlights would be .of no benefit because studies have shown that crime is not deterred by light and only helps the burglar see better. He said if people want lights, they should purchase their own--probably for less than $466. In addition, he said even though it is spread over 15 years, it is still $466. David Wyss, 2108 Shale Lane, said that the large trees in the Cedar Grove neighborhood would block the effectiveness of streetlights. He suggested the types of streetlight that would hang over the street where the light is needed and wouldn't be blocked. He said the property owners weren't getting anything for their money because the ornamental lights being proposed were too small to be effective. He said if it's to be done, it should be done right. Director of Public Works Colbert agreed the streets in the project area are lined with overstory trees which do tend to buffer the light from the homes in the summer. The proposed streetlights are ornamental but the larger alternative, used at major intersections, would be much more expensive. He noted that the majority of other subdivisions have ornamental streetlights. Rick Blum, 4333 Diamond Drive, expressed his concerns that the neighborhood is deteriorating and stated that streetlights are needed. Roger Scheerz, 2043 Copper Lane, said the issue has divided the neighborhood. He said a remark had been made that streetlights would not deter crime; however, they will permit a child walking home at 4:30 p.m. on a winter afternoon to be seen. PAGE 5/EAGAN CITY COUNCIL MINUTES July 20, 1993 Dennis Groh, 2019 Shale Lane, moved in eight months ago from Minneapolis. He said Minneapolis has streetlights everywhere but also has crime everywhere and he is trying to get away from crime. Jerry Boyer, 2073 Copper Lane, said the damage is being done when everyone is asleep. He stated that the Police Department is not doing a very good job of patrolling his neighborhood and the money would be better spent on hiring more police officers. The public hearing was then closed to further public testimony. Councilmember Hunter said he was familiar with the issue because streetlights were installed in his neighborhood last year. He said at first he was opposed but the lights are in and they're fine. The Councilmember said that, generally, streetlights are a good idea. However, because he only believes in going forward if the majority want the streetlights, he is not convinced of that majority. Therefore, he recommended denial of the project. Councilmember Wachter said that $466 for the streetlights was high in comparison to the other projects and until a clear majority wanted streetlights, he too was opposed. Mayor Egan stated that the City had received information from the Police Department and other public safety agencies that lighting does reduce crime, promote safety and reduce accidents at intersections and for those reasons, the City has had a streetlighting policy since 1978. He asked for a show of hands regarding the project. Of those in the audience, 23 were in favor and 22 were opposed. Mayor Egan related that the Council had agreed to another public hearing because they were led to believe that the majority of Cedar Grove 4th wanted the streetlights. He noted that Councilmembers Hunter, Wachter and Awada had already indicated they could not support the project without a clear majority. Because a clear majority had not emerged, he indicated he would join the majority of the City Council and oppose the project. Hunter moved, Awada seconded, a motion to close the public hearing and deny Project 653R, Streetlights for the Cedar Grove 4th Addition. Aye: 5 Nay. 0 VARIANCE/PARK CENTER 4TH ADDITION Mayor Egan introduced this item as a variance for the Park Center 4th Addition, Portfolio Design Services, of 3.5 feet from the 20 foot parking setback from a public street, located north of Cliff Road, east of Park Center Drive in the SE 1/4 of Section 30. Acting Director of Community Development Hohenstein explained the requested action as a housekeeping item. He said it was thought it could be approved as a part of the preliminary plat approved at the July 6, 1993, regular City Council meeting, however, because the variance is not plat specific, separate action is required. Hunter moved, Awada seconded, a motion to approve the variance of 3.5 feet from the 20 foot parking setback from a public street for Park Center 4th Addition, Portfolio Design Services, located north of Cliff Road, east of Park Center Drive as presented. Aye: 5 Nay: 0 00225 PAGE 6/EAGAN CITY COUNCIL MINUTES July 20, 1993 FINAL PLAT/PARK CENTER 4TH ADDITION Vern Colon of Federal Land Company asked Council's consideration of the final plat for the Park Center 4th Addition. Mr. Colon indicated that all was in order for the project except the development agreement, so asked for approval contingent upon the completion and signing of that agreement. Acting Director of Community Development Hohenstein said the final plat application is in process and was not ready for consideration prior to setting the agenda for this meeting. He added that all documents are still not in order and consideration at this time could raise expectations of consideration of similar requests for other developers. Mayor Egan asked if the development agreement was the only outstanding document and when told that it was, asked City Attorney Sheldon whether it had been reviewed by his office. Mr. Sheldon said that the development agreement is relatively simple and could likely be worked out. Mayor Egan expressed concerns that favorable action would tempt other developers to bring their final plats to the City Council at the last minute. He noted that such action had been taken on rare occasions in the past but he had signed the plat only on the recommendation of staff that all was in order. Councilmember Awada asked why the plat couldn't wait to be scheduled on the agenda for the next City Council meeting. Mr. Colon said any further delay would cause a hardship for the contractor. He noted that if the plat is approved, consideration by the County Board is still a week away and they are looking at August 10 - 15 before a building permit can be pulled. Mr. Colon said the development agreement is a carbon copy of the Taco Belle agreement so should not present any problems. He noted that if the City is concerned about the plat proceeding, the building permit will be the safeguard. Acting Director of Community Development Hohenstein advised that Oak Cliff 6th Addition, also for this developer, was one of the last final plats approved on a contingency. He noted in that instance the letter of credit was the only missing document, however, once the plat was approved, it was another four weeks before the letter of credit was received. Councilmember Hunter suggested some flexibility. He stated that staff had taken the right approach; however, if the Mayor was willing to insure all was in order before signing, he was willing to approve. Councilmember Masin questioned whether taking action on this plat was fair to other developers. Councilmember Awada said she was willing to go along only if assured such requests would be made very rarely. She noted that the request for Oak Cliff 6th had occurred almost too recently for consideration of this final plat. The entire Council agreed, stating that this is meant to be a rare exception and is being frowned upon. Awada moved, Hunter seconded, a motion to approve the final plat for Park Center 4th Addition contingent upon recommendation of staff that the development contract and all documents are in order before signature of the Mayor and City Clerk. Aye: 4 Nay: 1 (Masin) 8-93.52 RESIGNATION/MEMBER AIRPORT RELATIONS COMMISSION Mayor Egan introduced this item as the resignation of a member of the Airport Relations Committee and authorize replacement. City Administrator Hedges provided a brief background and noted that George Martin was in the last year of his term. 0022 ? PAGE 7/EAGAN CITY COUNCIL MINUTES July 20, 1993 Councilmember Wachter suggested that since Pat Todd had been the alternate for the past two years, that she be named to replace Commission member Martin and that her vacant alternate position be filled from the list compiled for the Commission at the last Organizational Business meeting. After discussion, Wachter moved, Hunter seconded, a motion to accept the resignation of Reverend George Martin from the Eagan Airport Relations Committee, appoint Pat Todd to fill out the remainder of the committee term being vacated, and that staff be directed to fill the remainder of Ms. Todd's alternate term from a list on file or, if necessary, from a list compiled through advertisement for volunteers. Aye: 5 Nay: 0 SPECIAL USE PERMIT/TARGET Mayor Egan introduced this item as a special use permit for Target Stores, Inc., to allow temporary outdoor sales of pumpkins from October 1, 1993, through October 31, 1993, at 2000 Cliff Lake Road, Lot 3, Block 1, Cliff Lake Centre. Acting Director of Community Development Hohenstein described the permit application and its location. Hugh Cherney, representing Target, stated that the request was the same as last year's and that Target Stores would again appreciate Council's favorable consideration. Wachter moved, Masin seconded, a motion to approve a special use permit for Target Stores to allow temporary outdoor sales of pumpkins from October 1, 1993, through October 31, 1993, at 2000 Cliff Lake Road, as presented and subject to the following conditions: 1. This permit is temporary and shall expire November 1, 1993. 2. This permit shall be subject to all applicable Code requirements. Aye: 5 Nay: 0 SPECIAL USE PERMIT/PAHL'S MARKET Mayor Egan introduced this item as a special use permit for Gary Pahl/dba Pahl's Market, to allow vegetable sales from July through October 1993 on a parcel of unplatted property (PID #10-03600-028-25) zoned agricultural, located on the SW corner of Cliff Road (County Road 32) and Dodd Road. Acting Director of Community Development Hohenstein explained the application and its location. Gary Pahl indicated the Pahl family has farmed in Eagan for the past 50 years, however, the majority of their produce now comes from their fields in Apple Valley. He said they would have preferred to continue with the same arrangement they had with Ss. Martha & Mary Church last year but it is not possible due to construction. Mr. Pahl stated they provide a needed service and had no problems with the operation last year. Mayor Egan asked Mr. Pahl if he was in agreement with the conditions. Mr. Pahl indicated that he was. After discussing access onto Cliff Road, Mr. Pahl was advised that permission from the County for that access had to be in writing. Councilmember Awada recommended that ordinances dealing with vegetable stands be reviewed to consider allowing more opportunities and it was suggested as part of a workshop agenda. Hunter moved, Awada seconded, a motion to approve a special use permit for Gary Pahl/dba Pahl's Market to allow vegetable sales from July through October 1993 on PID #10-03600-028-25 located on the southwest corner of Cliff Road and Dodd Road subject to the following conditions: OCZZ3 PAGE 8/EAGAN CITY COUNCIL MINUTES July 20, 1993 1. The applicant shall provide the City staff written access approval from Dakota County prior to any site preparation. 2. The stand shall be set back a minimum of 50' from the Cliff Road right-of-way and 40' from the Dodd Road right-of-way and the parking setbacks shall be a minimum of 20' from all property lines. 3. All signage shall meet Sign Code requirements and be subject to the one-time fee of $2.50/sq.ft. 4. The permit is temporary and shall expire November 1, 1993. 5. This permit is subject to all other applicable City Codes. Aye: 5 Nay: 0 REZONING/PRELIMINARY PLAT/THORPE WOODLAND GARDENS ADDITION Mayor Egan introduced this item as a rezoning for Thorpe Woodland Gardens Addition/Rachel Thorpe Newman, of approximately 10 acres from AG (Agricultural) to R-1 (Single Family) and a preliminary plat consisting of two lots and an outlot located along the east side of Wescott Hills Drive, south of Yankee Doodle Road in the NE 1/4 of Section 14. City Administrator Hedges indicated that this item had been considered at the Advisory Planning Commission meeting of June 22 and the APC had recommended approval subject to conditions. In addition, Mr. Hedges stated that the recommendations of the Advisory Parks, Recreation, and Natural Resources Commission were included for Council's consideration. Acting Director of Community Development Hohenstein explained the application and its location. In closing, he stated that the applicant had expressed concerns about the upgrade of Wescott Hills Drive and the trunk storm sewer assessment. Rachel Thorpe Newman, the applicant, said they were platting the property because of inheritance issues and she and her husband intend to build a house on the property. She also indicated agreement with most of the conditions except the road upgrade and the trunk storm sewer assessment. Ms. Newman referenced a letter from the City's Finance Director, E. J. VanOverbeke, and urged approval of Option #4 as the most equitable. Option #4 reads as follows: Create and use a per lot storm sewer connection charge not based on total area. Prior to the adoption of the existing special assessment policy, the City had a special assessment policy for parcels of 5 acres or less. The policy did not require payment on the full acreage unless the parcel was further subdivided. The result of that policy was to base the assessment on 16,500 square feet for each acre or portion of an acre in the property. With this as an option, the financial obligation would compute to: Lot 1 $117150/lot equivalent X 3 lot equivalents = $3,514.50 Lot 2 $1171.50/lot equivalent X 4 lot equivalents = $4,636.00 (16,500 X .071 = $117150) If the properties were subdivided in the future, additional trunk storm sewer would be collected. Under this option, no additional charge would be proposed to the property when the pond outlet was installed. However, the $3,514.50 and $4,636.00 would be due as a condition of platting. The City Council was in agreement with a middle of the road approach and considered this to be a fair solution to the issue. Councilmember Hunter mentioned his main concern that the Council not pick apart each development and, in general, stay with City policy. Councilmember Awada agreed. Mayor Egan indicated that the Council will probably see more such requests as small, family-owned areas develop. City Attorney Sheldon OCZ2 3 PAGE 9/EAGAN CITY COUNCIL MINUTES July 20, 1993 suggested that if the City Council adopted Option #4 that an appropriate agreement be drafted dealing with the collection of additional trunk storm sewer fees with any future development. Awada moved, Masin seconded, a motion to approve a rezoning of approximately 10 acres from AG (Agricultural) to R-1 (Single-Family). Aye: 5 Nay: 0 Awada moved, Hunter seconded, a motion to approve a preliminary plat consisting of two lots and an outlot located along the east side of Wescott Hills Drive, south of Yankee Doodle Road, as presented subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993, shall be complied with: Al, B1, B3, B4, C1, C2, D1, El, F1, G1, and H1 2. The proposed house on Lot 1 shall have a lowest entry level of 865.0 or higher to protect the house from flooding from Pond EP-2.2. 3. The development shall dedicate a ponding easement for Pond EP-2.2 up to the HWL of 862.0. 4. The final plat shall include a drainage and utility easement in the east edge of Lot 2 for the future outlet of Pond EP-2.2. Aye: 5 Nay: 0 REZONING/PRELIMINARY PLAT/GARDENWOOD PONDS OF EAGAN Mayor Egan introduced this item as a rezoning for Gardenwood Ponds of Eagan/Argus Development, of approximately 90.0 AG (Agricultural) acres to an R-1 (Single Family) District, and a preliminary plat consisting of 126 lots located along the south side of Wescott Road in the NE 1/4 of Section 23. City Administrator Hedges indicated that this item had been considered at the Advisory Planning Commission meeting on June 22 and the APC had recommended approval subject to conditions. In addition, Mr. Hedges stated that the recommendations of the Advisory Parks, Recreation, and Natural Resources Commission were included for Council's consideration. Acting Director of Community Development Hohenstein explained the application and its location. Mr. Hohenstein then alluded to several issues which would require special Council attention. Bob Weigert, consulting engineer for the applicant, described the unique character of the site with its rolling terrain, wetland areas, and overstory trees. He said they have worked hard to preserve the wetlands and have tagged all trees on the property over 6". Only 35 trees will be impacted by street construction and the lots will not be graded until each home is ready to be built. Mr. Weigert said the property has been a challenge and many concepts were explored before reaching endorsement by City staff. He stated their agreement with all conditions except the width of Gardenwood Drive. Clinton McLagan, attorney for the applicant, discussed the disagreement over the width of Gardenwood Drive. He said they are trying to minimize the impact on the property and widening the road would also ruin several nice lots. He referred to the City Code which states, that "right-of-way widths shall be as shown in the Comprehensive Plan." In addition, the Comprehensive Plan shows Govern Drive (now proposed to be named Gardenwood Drive) as a neighborhood collector, which has a 60' right-of-way. He noted that the Comprehensive Plan also allows for private access and unrestricted on-street parking for neighborhood collectors. PAGE 10/EAGAN CITY COUNCIL MINUTES July 20, 1993 Mr. McLagan then referred to the Comprehensive Plan's update of August 1988 which recognized a shortage of high-value housing in the City and goals to promote such housing during 1987 to 1996. He quoted the Comp Plan as saying "The City will work with developers to modify engineering standards where possible to promote desired development." He questioned, if the City's goal was to promote high-value housing, why it would chose to fight over the width of this street. Mr. McLagan asked approval of a 70' right-of-way with a 38' street. Assuming that the City feels a substantial need for a greater road width than provided in the City Code, Mayor Egan asked the City Attorney whether the City has the legal right to go outside the Code and go with the recommendation of the traffic engineer. City Attorney Sheldon said the City is bound by its laws and ordinances and if it deviates from those requirements, it would be the burden of the City to establish any health, safety, and welfare issues. Mayor Egan then asked if weren't highly unusual for a Municipal State Aid (MSA) road to be 1/2 mile long and why it qualified for state aid when it served only a single subdivision. Director of Public Works Colbert explained the MSA system and its history as it relates to the City of Eagan. He further stated that the width of this road is a detail design issue which is normally reserved for further in the platting process. He noted that its place in the process was developed by the Developers Task Force to avoid some of these costly detail design issues at the onset. Councilmember Awada asked why the Director of Public Works claimed this was a variance to the City Code while the developer did not. Mr. Colbert referred to the right-of-way widths illustrated in the City Code. Because traffic volumes are expected to be 1,500-2,000 ADT (Average Daily Trips), it would be considered a medium neighborhood collector and as such would require an 80' right of way and 44' street width. Mr. Colbert related that the developer had requested a 70' right-of-way with a 38' wide road providing two traffic lanes and a parking lane on both sides. Mr. Colbert stated; however, that State Aid standards were reviewed six months ago and standards have been reduced, permitting the developer's request. He said a variance would likely be required because the City's stricter standards are still on the books. Director of Public Works Colbert then referred to existing Municipal State Aid streets that are narrower than present City standards but noted their limited direct driveway accesses. In addition, those who do take direct access onto MSA roads such as Northview Road have expressed their safety concerns because of the higher speed limit on the collectors. Mr. Colbert then suggested that if a 38' wide street were approved, that parking be restricted to alternating sides. He said such an arrangement could be handled with appropriate signage. Councilmember Awada voiced her concerns that Gardenwood Drive would become a major thoroughfare and suggested there may be a different design that would provide fewer driveway accesses onto Gardenwood Drive. Acting Director of Community Development Hohenstein said it was difficult to say there wasn't another way to lay out this development; however, with the topography, wetlands, and tree stands, the applicant had done significant work in an attempt to preserve those natural amenities. It was the general consensus of the Council that the 38' wide roadway with parking on one alternating side would be acceptable. Councilmember Awada then suggested eliminating the western access and the completion of Stanwix Road. Because access to an outlot in the Lexington Square development as well as lots within this development would be impacted if Stanwix were not a through street, discussion took place regarding whether that decision should be made at this time or whether it could be worked out at a later date. Tom Kiecker, 966 Stanwix Road, spoke on behalf of 54 other homeowners in the Lexington Square subdivision in opposition to completing Stanwix as a through street. Mr. Kiecker indicated their opposition was based on: 1) there are many routes into the proposed development, two to the south and one to the north, and 2) connecting the streets would create a safety hazard because the internal streets in Lexington Square were not built to handle the additional traffic which he estimated would increase by 50%. OC: J PAGE 11/EAGAN CITY COUNCIL MINUTES July 20, 1993 Paul Clark, 987 Kettle Creed Road, also questioned whether emergency vehicles would use Stanwix when better access to the proposed development would likely come off Wescott Road to the north. Mr. Clark said the average number of entrances into a neighborhood is two. The completion of the high school and additional ballfields at Northview Park, have significantly increased traffic through their neighborhood and completing Stanwix would only increase traffic for both neighborhoods. He said neither the neighbors nor the developer wanted Stanwix opened. Mr. Clark then added his support for Gardenwood Road being 38' wide because a narrower street would slow traffic. Discussion turned to whether the private street/driveway access (Lilac Drive) on the south side of Pond JP-19 that the developer would prefer to constructed to a width of 20' without concrete curb and gutter. Acting Director of Community Development stated the developer's preference not to install curb and gutter was to minimize tree loss. Mr. Weigert indicated they would prefer that lots along Lilac Drive drain directly into JP-19 because curb and gutter would require the installation of storm sewer causing further disruption to the trees and terrain. Director of Public Works Colbert stated that the City Code requires that anytime 5 to 8 dwelling units are served, a minimum street width of 20' with concrete curb and bituminous surfacing must be provided to control erosion and contain traffic within the bituminous area so that off-street rutting does not occur during the spring thaws, and plowing up sodded surfaces during the winter is held to a minimum. He said the variance specifically being requested was for elimination of the concrete curb; however, the City Code also requires a 90' diameter cul-de-sac on all deadend private steets which is not being provided. Councilmember Wachter indicated he would not support the variances and stated that one of the reasons behind the Code requirement was the turn-around of emergency vehicles. The completion of Stanwix Road was then revisited. Councili iember Wachter stated he would not support the neighbors objection to the completion of Stanwix because he did not believe traffic concerns were justified. In addition, he stated that when entire areas are not completed at one time, expectations are raised regarding road connections from one neighborhood to the next and emergency vehicle access is always a safety concern. Councilmember Awada stated her opposition to connecting Stanwix because connection would only add to the traffic traversing the Gardenwood Ponds Addition. Councilmember Hunter was not in favor of eliminating the connection because the comp guide plan intended that neighborhood be connected and multiple accesses to neighborhoods is a safety issue. Councilmember Awada pointed out that Gardenwood Ponds has access from the north and south and with Stanwix completed, from the west. Mayor Egan also noted that Stanwix's completion would have no interfunctional purpose. Awada moved, Hunter seconded, a motion to approve a rezoning of Gardenwood Ponds of Eagan for Argus Development of approximately 90 AG (Agricultural) acres to an R-1 (Single-Family) district. Aye: 5 Nay: 0 Awada moved, Hunter seconded, a motion to approve a preliminary plat consisting of 126 lots located along the south side of Wescott Road as presented and subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993, shall be complied with: Al, B1, B2, B3, B4, C1, C2, C3, DI, El, F1, G1, and H1 2. Lots 4, 5, 11, 12, and 13, Block 1, shall provide a 10' planting screen easement along Wescott Road. 3. Lots, 17, 18, 19, 20, and 21, Block 2, shall provide a 10' planting screen easement along Northview Park Road. Qt-.. PAGE 12/EAGAN CITY COUNCIL MINUTES July 20, 1993 4. Lots 20 and 21, Block 3, shall have a variance of 25' each approved with a common driveway access, and shall provide a shared driveway easement. 5. A homeowners' association shall be created and a copy of the Declaration of Covenants shall be submitted to the City prior to final plat. 6. The maintenance of the landscaped islands shall be the responsibility of the homeowners' association. 7. Setbacks of 50' from the O.H.W.M. of Pond JP-19 and Bald Lake shall be required according to the City's Shoreland Ordinance. 8. The model homes as designated on the Preliminary Plat are Lots 1 and 2, Block 1 and Lots 1, 2, 23, and 24, Block 3. 9. The proposed street name "Prairie Ridge Drive" be changed and the new name approved by staff prior to final plat. 10. The north-south neighborhood collector street, Gardenwood Drive, shall be designed to meet a 30 mph design speed according to Minnesota State Aid Standards. 11. The street grades on Stanwix Road shall be revised or storm sewer shall be added to direct drainage away from the Lexington Square 7th addition. 12. The outlet for Pond E shall be directed to Pond K. 13. Pond K shall be sized to restrict its outflow to a maximum rate of 3 cfs and the pond shall discharge directly into Pond JP-30. 14. The outlet for Pond JP-20.4 shall have a maximum discharge rate of 3 cfs and the storm sewer line will discharge to Bald Lake (Pond JP-20). 15. The developer shall provide a 30-foot buffer strip to protect trees and vegetation around Ponds JP-20 and JP-58. 16. The water main layout shall include an extension of the 6" line in Stoney Point Road to Parsley Cove and the relocation of the existing hydrant at the end of Stanwix Road. 17. Detailed plans and specifications shall be submitted with the final grading plan covering the construction of the proposed retaining walls. 18. The existing stub streets constructed off of Wescott Road and Northview Park Road that will not be used shall be removed and new B-618 concrete curb and gutter constructed across the old stub street. 19. A 60-foot wide public right-of-way shall be dedicated to provide access to Outlots C and D of Bridle Ridge 2nd Addition from prairie Ridge Circle. 20. Sanitary sewer and water main stubs shall be provided to Outlots C and D of Bridle Ridge 2nd Addition from Prairie Ridge Circle. 21. Gardenwood Drive, with parking on alternate sides of the street, is required to be constructed to a 38 foot width within a 70 foot wide right-of-way dedication. 0C233 PAGE 13/EAGAN CITY COUNCIL MINUTES July 20, 1993 22. Ponding easements are required to 3 feet above the calculated HWL of the ponds and/or wetlands. 23. The outlet for Pond JP-58 is required to connect to the existing storm sewer in Wescott Road, not Pond JP-19. 24. Pond JP-58 shall not receive untreated runoff from impervious surface areas. 25. A setback of 15 feet shall be required on the east side of Lot 3, Block 5, or as mutually agreed upon. 26. Pond JP-19 shall be required to be cleaned up of all existing deadwood up to the normal water level. 27. Stanwix Road will end in a cul-de-sac with staff working with the developer to find a configuration that will permit road access to lots affected by this action in the Gardenwood Ponds Addition as well as the Lexington Square 7th Addition. Aye: 5 Nay: 0 Hunter moved, Egan seconded, a motion to approve a variance to allow a 20' private street without concrete curb and cul-de-sac. Aye: 5 Nay: 0 Director of Public Works Colbert asked how the Council wanted staff to handle the revision to the plat resulting from the elimination of the through street. Mr. McLagan said the plat was to be developed in stages and could be worked out in the meantime. Mayor Egan recommended it come back as a part of Old Business so the Council could see the cul-de-sac layout. Mr. Colbert said that because staff has not gotten into the technical design, there may be some reconfiguration of lots with the "reverse curve, switchback." Mayor Egan recommended that any neighbors interested in the layout of the cul-de-sac should probably watch the newspaper for this agenda item. Councilmember Awada indicated her preference that any homes that could take their access off Stanwix Court do so rather than of Gardenwood Road. Mr. Colbert said it may also be possible to provide a trailway connection to the north-south trail for the Lexington Square residents to the Woodlands North development. When the plat is returned to the City Council for review, Director of Public Works Colbert suggested it may be the time to address some improved phasing of the development to make sure there is continuity of utilities and streets. REZONING/PRELIMINARY PLAT/THE WOODLANDS 4TH ADDITION Mayor Egan introduced this item as a rezoning for The Woodlands 4th Addition/Robert Engstrom Companies, of approximately 15 acres from AG (Agricultural) to R-1 (Single Family) and a preliminary plat consisting of 34 lots located north of Sunwood Trail and Woodland Trail in the E 1/2 of Section 14. City Administrator Hedges indicated that this item had been considered at the Advisory Planning Commission meeting of June 22 and the APC had recommended approval subject to conditions. In addition, Mr. Hedges stated that the recommendations of the Advisory Parks, Recreation, and Natural Resources Commission were included for Council's consideration. Acting Director of Community Development Hohenstein explained the application and its location. Howard Kyllo, representing Robert Engstrom Companies, was present to answer any questions. Mr. Kyllo said they had agreed to all conditions; however, would prefer some latitude in adding to lots in this subdivision as well as additional land to two lots in the Great Oaks Addition. There was no objection. Wachter moved, Awada seconded, a motion to approve a rezoning of approximately 15 acres from AG (Agricultural) to R-1 (Single-Family). Aye: 5 Nay: 0 0(2j PAGE 14/EAGAN CITY COUNCIL MINUTES July 20, 1993 Wachter moved, Awada seconded, a motion to approve a preliminary plat consisting of 34 lots located north of Sunwood Trail and Woodland Trail as presented subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993, shall be complied with: Al, B1, B2, B3, B4, C1, C2, C3, DI, El, F1, G1, and H1 2. Lot lines for Lots 1-4 and Lot 15, Block 1, or some combination thereof, shall be extended to incorporate the existing Outlot C, Great Oaks Addition. 3. Each lot shall be subject to a cash park and cash trail dedication. 4. The developer will be responsible for abandoning any existing wells and septic systems located on the site according to County requirements. 5. If retaining walls will be used to minimize disturbance during the grading of the lots, detailed plans and specifications shall be submitted to the City for review. 6. The two low points in Woodland Trail shall provide overland drainage routes along lot lines from the street to the ponding areas. 7. The existing temporary cul-de-sacs at the end of Sunwood Trail and Woodland Trail shall be removed with this development. 8. This development shall stub an 8" sanitary sewer line and 16" watermain to the west to Parcel 041-03 from the Woodland Trail cul-de-sac. 9. This development shall extend the 16" trunk watermain from Great Oaks Trail to the south through Parcel 010-03 and Parcel 041-03 to the Woodland Trail cul-de-sac. 10. This development shall construct a 6" watermain from the great Oak Trail cul-de-sac to the Woodland Trail cul-de-sac to provide a loop for the 11 lots on the Great Oaks Trail cul-de-sac. 11. The Woodland Trail cul-de-sac shall include a stub street to the west to Parcel 041-03 for future development. 12. Vacation of the excess right-of-way for Birch Street and Trails End Road is required prior to final plat approval. Aye: 5 Nay: 0 PRELIMINARY PLAT/JOHNSTON ADDITION Mayor Egan introduced this item as a preliminary plat for the Johnston Coca Cola Bottling Group, Inc., consisting of one lot on approximately ten acres of previously-zoned LI (Light Industrial) acres located along the west side of West Service Road, east of Eagandale Boulevard in the NE 1/4 of Section 3. City Administrator Hedges indicated that this item had been considered at the Advisory Planning Commission meeting of June 22 and the APC had recommended approval subject to conditions. In addition, Mr. Hedges stated that the recommendations of the Advisory Parks, Recreation, and Natural Resources Commission were included for 0C 2,3 PAGE 15/EAGAN CITY COUNCIL MINUTES July 20, 1993 Council's consideration. Acting Director of Community Development Hohenstein explained the application and its location. Mr. Hohenstein then suggested that in order to alleviate concerns about creating a separate lot and block with no building on the property, that a separate agreement be drafted stipulating that the property cannot be sold as a separate parcel. In addition, Mr. Hohenstein stated that additional landscaping has been addressed as a condition of plat approval. Tom Siefert, representing the applicant, stated Coca Cola has no objections to the requirements. In addition, Mr. Siefert agreed to add Eagandale Boulevard to the landscaping described in Condition #3. Masin moved, Awada seconded, a motion to approve a preliminary plat for Johnston Addition/Johnston Coca Cola Bottling Group, Inc., consisting of one lot on approximately ten acres of previous zoned LI (Light Industrial) property located along the west side of West Service Road, east of Eagandale Boulevard, as presented and subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993, shall be complied with: Al, B1, B2, B4, Cl, C2, C4, D1, El, F1, G1, and H1 2. An underground sprinkler system shall be installed and used for all landscaped areas. 3. Additional landscaping will be required along West Service Road and Eagandale Boulevard; a mixture of overstory, understory, and coniferous plant material should be used for year-round screening. The final plan is to be prepared by a landscape architect. 4. The driveway opening connection to West Service Road shall be constructed with a concrete apron in accordance with City standards. 5. The proposed pond, Pond FP-14.1, shall be designed to have a maximum outlet flow rate of 4 cfs during a 100 year rainfall event. 6. The outlet for Pond FP-14 shall be constructed with a skimmer in accordance with City standards. 7. To fully meet the water quality treatment standards, Pond FP-14.1 shall have a minimum wet volume of 2 acre-feet and a minimum average depth of 4 feet, and the inlets must be separate from the outlet by at least 300 feet. 8. The developer shall combine this plat with parcel(s) upon which the bottling facility is/are located, with documentation of combination being submitted for review and approval by the City Attorney. Aye: 5 Nay: 0 PURCHASE AGREEMENT/CITY OF EAGAN/KENDALE, INC Mayor Egan introduced this item as authorization for a purchase agreement, City of Eagan/Kendale, Inc., Lots 20-24, Block 1, Wescott Hills Revised 3rd Addition, for Wescott Square Commons Park. Acting Director of Community Development Hohenstein explained this acquisition as part of a plan to work with the property owners, school district and City in using Community Development Block Grant funds to acquire property for a park. Qt` 236 PAGE 16/EAGAN CITY COUNCIL MINUTES July 20, 1993 Wachter moved, Awada seconded, a motion to approve a purchase agreement between the City of Eagan and Kendale, Inc., for the acquisition of Lots 20 - 24, Block 1, Wescott Hills Revised 3rd Addition for Wescott Square Commons Park as presented. Aye: 5 Nay: 0 DIRECTOR OF PUBLIC WORKS/VACATE PUBLIC TRAIL RIGHT-OF-WAY OUTLOT A, SAFARI AT EAGAN ADDITION Mayor Egan introduced this item as vacate public trail right-of-way, receive petition/order public hearing (Outlot A, Safari at Eagan Addition). Awada moved, Wachter seconded, a motion to receive the petition to vacate the public trail right-of-way (Oudot A, Safari at Eagan Addition) and schedule a public hearing to be held on August 17, 1993. Aye: 5 Nay- 0 DIRECTOR OF PUBLIC WORKS/BLACK DOG WMO BUDGET Mayor Egan introduced this item as approval of the 1994 budget for the Black Dog Watershed Management Organization. Hunter moved, Masin seconded, a motion to approve the 1994 Administrative Budget for the Black Dog Watershed Management Organization. Aye: S Nay: 0 GRADING PERMIT/WESCOTT GARDEN LOTS (STOCKPILE) Mayor Egan introduced this item as a grading permit application for the Wescott Garden Lots (Stockpile). Director of Public Works Colbert stated that the request is to stockpile excess material on Parcel 014-02, Block 2, of Wescott Garden Lots. This stockpile would be approximately 22,000 cubic yards, 25 feet high. Mr. Colbert indicated his discomfort with approving a stockpile of such magnitude for that length of time, next to a new development. Councilmember Hunter stated that while he was not in favor of stockpiles, if it were to be permitted, it should have a sunset provision. Councilmember Wachter suggested a year, with the applicant reapplying at the end of that time. Councilmember Masin asked if the City shouldn't have some type of monetary security to insure its removal. Director of Public Works Colbert stated that the proposed $500 security would not be adequate to enforce the stockpile's removal. Because of the favorable reputation of the applicant, the Council indicated their willingness to permit the stockpile for a period of not longer that 18 months. VACATE EASEMENTS/LOTS 1-5, 8-12, BLOCK 1, KNOB HILL Mayor Egan introduced this item as vacate drainage and utility easements, receive petition/order public hearing (Lots 1-5, 8-12, Block 1, Knob Hill Professional Park. Awada moved, Masin seconded, a motion to receive the petition to vacate the drainage and utility easements over Lots 1-5, 8-12, Block 1, Knob Hill Professional Park, and schedule a public hearing to be held on August 17, 1993. Aye: 5 Nay: 0 00237 PAGE 17/EAGAN CITY COUNCIL MINUTES July 20, 1993 SPECIAL CITY COUNCIL MEETING A special meeting of the Eagan City Council was set for July 27, 1993, at 5:00 p.m., for interviewing the finalists for Community Development Director. Aye: 5 Nay: 0 N.O.I.S.E. CONFERENCE Mayor Egan reported on his recent attendance at the National Organization to Insure a Sound- controlled Environment (N.O.I.S.E.) Conference in Dallas/Ft. Worth, July 14-17. He said that while all the N.O.I.S.E. Conferences he has attended have been very worthwhile, this one was unsurpassed. The City of Eagan is looked upon as a very important member of the organization and the Mayor urged the City to maintain its involvement. IN Wachter moved, Egan seconded, the motion to approve the checklist dated July 15, 1993, in the amount of $2,270,350.21. Aye: 5 Nay: 0 .N::iW.Fr:•}.•i}:iv:viP: }riJ:iir'" tv:w:i•%4}i:L:ri•:<.iJn•:Sti4}; },;•;i+fi(:i'fti•:{•}}'fi The regular meeting of the Eagan City Council was adjourned to Executive Session for the purposes of discussing pending ligation at approximately 11:00 p.m. Those in attendance were: Mayor Egan, Councilmembers Awada, Hunter, Masin, and Wachter, City Administrator Hedges and City Attorney Sheldon. The executive session adjourned at approximately 11:20 p.m. KF CITY OF EAGAN Sverbek1'&M a %AAA e 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).