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10/17/2000 - City Council Regular 00293 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota October 17, 2000 A regular meeting of the Eagan City Council was held on Tuesday, October 17,2000 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Masin, Blomquist, Carlson and Bakken. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Mike Dougherty. AGENDA City Administrator Hedges added under Recognitions and Presentations a Resolution proclaiming Tuesday October 23, 2000 as "Domestic Violence Prevention Day". Due to the number of residents present regarding the storm drainage issue, the Council agreed to move the setting of a date for review of the July 7 & 8 Storm Drainage Study Report Findings from the Administrative Agenda to earlier in the meeting. City Administrator Hedges also stated that under Recognitions and Presentations the National Red Ribbon Week item will be continued to the next meeting. He further stated that under New Business, item B regarding a rezoning and preliminary subdivision for Manley Brothers Construction, the applicant has requested a continuation until the next meeting. Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 MINUTES OF THE OCTOBER 3, 2000 REGULAR MEETING Mayor Awada requested that on page six, fifth paragraph, the last sentence be revised to read: Mayor Awada stated that the project was originally discussed when there was an option by Duke Weeks to purchase and develop the Perron property along with their land as a single plat, and that the assessment would be reevaluated since that option has expired. Council member Blomquist requested that on page 2, paragraph 6, the last sentence be revised to read: Councilmember Blomquist stated that some neighborhoods are talking of hiring their own engineering firms and that the City should be there working with them. Councilmember Masin stated that on page 3, paragraph 5, that she had made the statement regarding campaign signs rather than Councilmember Bakken. Motion was made by Bakken, seconded by Carlson to approve the minutes as amended. Aye: 5 Nay: 0 MINUTES OF THE SEPTEMBER 26, 2000 SPECIAL MEETING Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 MINUTES OF THE OCTOBER 3 , 2000 SPECIAL MEETING Councilmember Blomquist moved, Councilmember Bakken seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes October 17, 2000 Page 2 00294 VISITORS TO BE HEARD ~Ieg Tilley, representing the Girl Scout troops of Eagan, stated that the girls were present to present a donation to the Eagan Foundation to aid with flood relief. Each girl introduced herself, identifying the troop to which she belongs. Megan Schweitzer described the fund raising event that had been held. A total of $5,182.18 was presented to the City. Margaret Schreiner of the Eagan Foundation updated the Council on funds that have been raised and on the status of the Unmet Needs Committee. Mayor Awada thanked the Girl Scouts for their efforts and generous donation. SCHEDULE DA TE FOR JULY 7 & 8 STORM DRAINAGE STUDY REPORT FINDINGS City Administrator Hedges stated that as of Friday, October 20, the SBA will be leaving the City. After that date there will be an 800 phone number available. He further stated that storm debris pick up will continue through the end of November. He went on to state that the engineering analysis regarding the storm drainage should be complete in the next couple of weeks. Director of Public Works Colbert suggested that a combined general meeting for all affected neighborhoods be held on November 9th and eight or nine smaller group meetings be held for individual neighborhoods. He suggested that a lottery system be used in deciding the order of the smaller meetings. Mr. Colbert further suggested that the following dates be considered for the smaller meetings: November 20, November 27, December 11, and December 18. He stated that notices will be sent out prior to the meeting and that currently there are 1800 names on the City's list. He asked the public to please let the City know if anyone is overlooked. Councilmember Masin stated she feels the residents need information prior to November 9, as they have already been made to wait too long. She further stated she felt that the input from individual residents regarding their experiences would provide important information. She stated this issue should be considered the single most important issue in Eagan at this time. Councilmember Carlson stated she did not feel a meeting prior to November 9 would be beneficial as there will be no substantial information until the report is completed. She stated she did not want to provide false information and that the Council had been open for comments and the issue had been addressed at every Council meeting. Mayor Awada stated that until the Council has facts and serious engineering information they cannot provide information to residents. She stated there are 40 areas that have problems and each one has to be addressed individually. She suggested the meetings not be held until the report is completed. Councilmember Blomquist stated that sometimes it is difficult for people to talk in a public setting and that a more private meeting with no cable television should be arranged. She also stated that she felt the Council as a group should listen to the residents. Councilmember Bakken stated that he has had many constructive conversations with residents during the past weeks and that they are ready for substantial answers but he does not want to see the Council put in a position to provide false information. He stated he felt the meetings should not be held until the engineering report is complete. Councilmember Carlson suggested that it could be beneficial for the residents to put their questions and concerns in writing prior to the meetings and then staff could provide answers at the meeting. Council member Masin asked for feedback from the audience. Lisa Germond stated she would have liked information earlier but understands that it has taken time to complete the analysis of all the affected areas. Eagan City Council Meeting Minutes October 17,2000 Page 3 OO'?QIt'" ~vr .:> Connie Bauman questioned why the firm Bonestroo, Rosene & Anderlik is being used to conduct the analysis. Public Works Director Colbert stated that Bonestroo has all the background information on the storm sewer system, as they have had 40 years experience with Eagan. Mr. Colbert further stated that the firm is being overviewed by City staff. Ms. Bauman went on to state that she had seen Councilmembers Blomquist and Masin out in the storm affected areas but had not seen Councilmembers Bakken and Carlson. Joe Girman and Marianne Mobil expressed their concern regarding the City's disaster plan. Ms. Mobil stated she fell the Council should have been in the neighborhoods to see the human side of the disaster. She stated she felt the Council had no compassion and should have been knocking on doors to talk with residents. She stated the only time she saw the Council out was when the Channel 4 News crew was on the site. Brandy Grogan asked who made the choice of which houses to sandbag. Mayor Awada stated that the neighborhoods did the sandbagging themselves. Mayor Awada further stated that she had been in 30 different neighborhoods following the storm. Bob Salburn expressed his concern regarding the number of patrol cars that were out during the disaster. He stated he had witnessed looting. Mayor Awada agreed that there had not been enough Police on duty. City Administrator Hedges stated that he and the Police Chief would be willing to meet with residents and were open to input that would assist in a better response to future disaster situations. Councilmember Masin suggested that a website be created with information for residents and serve as a place for residents to provide dialog to the City. Council member Blomquist stated she felt two meeting dates should be set, one for the results of the engineering analysis and a second one for the Council and staff to hear the human side of the issue. Mayor Awada stated she would like to defend Councilmembers Bakken and Carlson, as they had worked the entire week after the storm. Councilmember Blomquist stated a date should be set to discuss the City's Disaster Plan. Mayor Awada stated that meetings should be held with small groups. Councilmember Carlson agreed that the Council and staff should meet with only one neighborhood at a time. City Administrator Hedges stated that staff would welcome any input that would help improve future disaster plans and that he was willing to meet with residents collectively or individually. City Administrator Hedges recommended that an informal meeting be scheduled for October 30th at St. John Newman Church. Councilmember Bakken clarified that this meeting would not take the place of the smaller neighborhood meetings. Councilmember Blomquist moved, Councilmember Bakken seconded a motion to schedule a meeting for October 30, 2000 at the St. John Newman Church. Aye: 5 Nay: 0 Angela Vaitkunas, 4158 Rahn Road requested that the Council review City Ordinance 10.12 regarding domestic animals. She explained that she had received a ticket and is scheduled to appear in court because she owns a rabbit that she keeps in her home. The Council directed staff to investigate the matter and place Ordinance 10.12 of the City Code on a future agenda for review. Mayor Awada moved, Councilmember Masin seconded a motion to bring Ordinance 10.12 of the City Code back to the Council for review. Ayes: 5 Nay: 0 Eagan City Council Meeting Minutes October 17, 2000 Page 4 00296 RECOGNITIONS AND PRESENTATIONS CERTIFICA TION OF COMMENDA TION FOR PARTICIPATION IN MANUFACTURER'S WEEK Jamie Verbrugge discussed a certificate of commendation to that had been presented to the City for participating in Manufacturer's Week. RESOLUTION - DOMESTIC VIOLENCE PREVENTION DAY Carol Jensen, representing the Eagan Women of Today explained the organization's involvement in the prevention of domestic violence. Mayor Awada read the Resolution proclaiming October 23, 2000 00- 6 2 as "Domestic Violence Prevention Day". COMMENTS BY CITY COUNCIL, CITY ADMINISTRATOR & DEPARTMENT HEADS Mayor Awada discussed a recommendation by the Metropolitan Council that Eagan's Comprehensive Plan Update not be approved. She explained that the Metropolitan Council feels 2000 additional apartment units be built in Eagan. Mayor Awada stated she is not in favor of the increased number of apartments. She stated the Metropolitan Council will vote in November but feels they do not have a legitimate case to deny Eagan's Comprehensive Plan. She further explained that should the Comprehensive Plan be denied, the issue would then go to an Administrative Law Judge and could ultimately end up in district court. Councilmember Bakken explained to the audience the role of the Metropolitan Council. He stated he is not in agreement with their expectations for Eagan. Mayor Awada stated that the Metropolitan Council is attempting to take over zoning authority. Councilmember Masin noted that a member of the Metropolitan Council had stated that the Council has no intention of taking away local authority. Councilmember Carlson stated that Eagan has more than exceeded the Metropolitan Council's recommendation. She suggested that staff check with area cities such as Mendota Heights to see what their ratios are. She stated Eagan is currently at 47%. CONSENT AGENDA A. Personnel Items Item 1. It was recommended to approve the hiring of Andi Galatowitsch as a Clerical Technician III in the Fire Department. Item 2. It was recommended to approve the hiring of Marcia Weitzel as a seasonal park attendant. Item 3. It w~s recommended approve the hiring of Kristin Lilla as a seasonal skating instructor. Item 4. It was recommended to approve the hiring of Steve Dykstra and Joe Pontrelli as seasonal civic arena supervisors. Item 5. It was recommended to approve the hiring of Marv Volden as a seasonal civic arena custodian. Item 6. It was recommended to approve the hiring of Jeff Wright, Lindsay Kropennicki, Lori Jorgenson, Jordan Bailey and Steve Polkowski as seasonal skateguards for the civic arena. Eagan City Council Meeting Minutes October 17, 2000 Page 5 00297 Item 7. It was recommended to approve the hiring of Elisa Swenson, Dale Skogstad, Sean Cosgrove, Katie Nelson and Jennifer Wright as seasonal concessions workers for the civic arena. Item 8. It was recommended to approve the appointment of Holly Duffy as a Deputy City Clerk. B. Final Plat (Gopher Eagan Industrial Park 5th Addition) Twin Citv Wire - MFI. Inc. It was recommended to approve a Final Plat (Gopher Eagan Industrial Park 5th Addition) to allow the 00- 6 0 adjustment of a shared side lot line between Lot 1, Block I, Gopher Eagan Industrial Park 2nd Addition . and Lot 1, Block 1. Gopher Eagan Industrial Park 4th Addition located north of Yankee Doodle Road and east of Highway 149 in the south Y2 of Section 12. C. Final Subdivision (Orchard Heights) - Gonyea Development. It was recommended to approve a Final 00 _ 6 3 Subdivision (Orchard Heights) to create 11 single-family lots on 4.43 acres of property located north of Black Oak Drive and south of Hwy. 55 in the NE '14 of Section 12. D. Schedule Public Hearing For Revisions to the Business Subsidy Policy. It was recommended to schedule a public hearing on Tuesday, November 21, for the purposes of reviewing and adopting proposed changes to the City of Eagan Business Subsidy Policy. E. Engagement Letter for Auditing Services. Kern. Dewenter, Viere, Ltd. For the Year Ending December 31, 2000. It was recommended to approve the engagement letter with Kern, DeWenter, Viere, Ltd. to provide auditing services for the year ending December 31, 2000. F. Proiect 775, Advent United Methodist Church Final Assessment Roll. It was recommended to approve the Final Assessment Roll for Project 775 (Advent United Methodist ChurchlPatrick Eagan Park - Parking Lot and Utility Improvements) and authorize its certification to Dakota County for collection. G. Contract 00-09A, Well House RE-Roofing (#1,2,3,4 &6). It was recommended to approve change Order #1 to Contract 00-09A (Well House Re-roofing #1.2,3,4 & 6) and authorize the Mayor and Deputy Clerk to execute all related documents. H. Approve Telecommunications Lease Agreement. It was recommended to approve the telecommunication lease agreement with Metricom, Inc. for an antenna installation on the Deerwood Reservoir and authorize the Mayor and City Clerk to execute all related documents. 1. Proiect 750R, TH 55 & Blue Water Road Access Modifications & Street Improvements. It was recommended to receive the revised draft feasibility report for Project 750R (TH 55/ Blue Water Road - Access Modifications and Street Improvements) and schedule a public hearing to be held on November 21, 2000. J. Contract 99-07, Safari Reservoir Refurbish & Repaint. It was recommended to approve the final payment for Contract 99-07 (Safari Reservoir - Refurbish and Repaint) in the amount of $20,980.00 to TMI Coatings, Inc.. and accept the improvements for perpetual City maintenance subject to warranty provisions. K. Contract 00-1 0, Wescott Road Et Al Surface Treatment & Re-Striping. It was recommended to approve the final payment for Contract 00-10 (Wescott Road et al- Surface Treatment and Striping) in the amount of $35.103.77 to Road Surfacing Technologies. Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. L. Proiect 98- V. Faithful Shepherd School. It was recommended to acknowledge the completion of Contract 98- V (Faithful Shepherd School - Street and Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. Eagan City Council Meeting Minutes October 17, 2000 Page 6 00298 M. Proiect 99-D, Kwik Trip Ea~an. It was recommended to acknowledge the completion of Contract 99- D (Kwik Trip Eagan Addition - Street & Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. N. Proiect 99-E, Oakview Center. It was recommended to acknowledge the completion of Contract 99-E (Oakview Center - Street and Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. O. Contract 00-07, Trunk Highway 13 Divided Four-Lane Upgrade. It was recommended to approve Change Order No.1 to Contract 00-07 (TH 13/Blackhawk Road - Divided Four-lane Upgrade) and authorize the Mayor and Deputy City Clerk to execute all related documents. P. Approve Resolution Approving Application for Lawful Gambling Permit for the GYPSY Booster Club to Hold Raffles on November 18 and 19 at Gleason's Gymnastics School. It was recommended to 00 _ 61 approve the resolution supporting the Gypsy Booster Club application for a lawful gambling permit to hold raffles on November 18 and 19 at Gleason's Gymnastics School. Q. Approve Registration of City of Eagan Webpage. It was recommended to authorize the City Attorney to proceed wit the coordination of registering the City's webpage. R. Final Plat (Young's Addition) - Carlson & Harrington, Inc. It was recommended to approve a Final Plat (Young's Addition) consisting of one lot on 1.1 acres located between Hwy. 13 and Old Sibley Memorial Hwy. In the SW 1,4 of Section 19. 00-64 Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 PUBLIC HEARINGS ROBERT O'NEILL HOMESTEAD (LOT 5) RIGHT-OF-WAY VACATION Mayor Awada opened the public hearing regarding the vacation of public right-of-way on Lot 5, The Robert O'Neill Homestead (parcel 10-53320-053-00). City Administrator Hedges provided an overview of this item. Director of Public Works Colbert gave a staff report. A representative of People's Natural Gas inquired as to the location of the vacation in relation to the vacant land in the area. Upon clarification by Director of Public Works Colbert, he stated there were no concerns. There being no public comment, Mayor Awada closed the public hearing and turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the vacation of public right-of-way on Lot 5, The Robert O'Neill Homestead (parcel 10-53320-053-00) and authorize the Mayor and Deputy City Clerk to execute all related documents. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes October 17,2000 Page 7 00299 OLD BUSINESS CONDITIONAL USE PERMIT CLARIFICATION - MEGA EXCA V A TING City Administrator Hedges provided an overview on this item. Senior Planner Ridley discussed the background of the issue stating the applicant is asking for clarification on the conditions of his conditional use permit. Mark Pieper, applicant, stated that City staff had been very helpful. He went on to explain what he felt the definition of "truck terminal" is in regard to the wording of his conditional use permit. He explained that his business falls under that definition and should not be restricted. City Attorney Mike Dougherty stated that a conditional use permit issued in 1979 is still in effect on the property and it does allow a truck terminal. Senior Planner Ridley noted that staff wants to clarify that whaJ is stored on the property is allowable under the conditional use permit. Mr. Pieper stated he has large equipment such as snow plows and other truck equipment stored on the property that he uses in his business. Senior Planner Ridley suggested that a list be made by Mr. Pieper of what is actually stored on the property. Councilmember Carlson moved, Councilmember Bakken seconded a motion to direct staff to provide a list of truck related items that is stored on the property located at 4841 Biscayne Avenue, legally described as Lot 4, Block 1 HaIley's Addition in the SE 1,4 of Section 36 to be attached to the minutes. Aye: 4 Nay: 1 (Councilmember Masin opposed) CONFIRMA TION OF FINDINGS OF FACT, CONCLUSIONS AND RESOLUTION OF DENIAL - CRANE CREEK ADDITON City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. The Council agreed to have the issue returned to the Advisory Planning Commission for a public hearing and then brought back to Council for review. Councilmember Bakken moved, Council member Masin seconded a motion to continue the review of a Final Planned Development and Preliminary Subdivision request of Wensmann Realty to allow the construction of 64 townhomes (within 17 buildings) upon a 13.7 acre site located south of Trunk Highway 55 and east of Rita Court (within the northeast 1,4 of Section 12) to a future date. Aye: 5 Nay: 0 The Council took a ten minute break at 9:00 p.m. COMPREHENSIVE GUIDE PLAN AMENDMENT - FRAUENSHUH City Administrator Hedges provided an overview on this issue. Senior Planner Ridley gave a staff report. Richard Wicka, applicant, provided a brief history of the property and plans for an upscale apartment complex. He stated that a neighborhood meeting had been held. Mayor Awada asked for comments from the audience. Marilyn Bater stated she is in favor of the land use amendment. Eagan City Council Meeting Minutes October 17. 2000 Page 8 003DO Virginia Brown stated she is opposed to the amendment and expressed concern over the density of the project as well as parking issues. She stated there was not enough specific information on the proposal provided. Councilmember Carlson stated she is not comfortable with approving the land use amendment until a definite plan for the property is submitted. Mayor Awada and Councilmembers Bakken and Blomquist agreed. City Attorney Dougherty stated that the proposed amendment would have to be sent to the Metropolitan Council for review. Mr. Wicka requested the issue be continued to allow time for him to bring back a plat and definite design for the property. Mayor Awada moved, Councilmember Carlson seconded a motion to accept the applicants request to continue the Comprehensive Guide Plan Amendment to a non-specific date. Ayes: 4 Nay: 1 Bakken opposed. CEDAR INDUSTRIAL PARK TRAFFIC STUDY City Administrator Hedges presented an overview of this item. Director of Public Works Colbert introduced Marie Cote, SRF Consultants, Inc. who provided a detailed summary of the traffic study. Mayor Awada asked what the funding source would be for the recommended improvements. Mr. Colbert stated that MNDOT had recognized the need for the Silver Bell signal improvements but had not provided funding. He further stated he felt that MNDOT should fund the project as part of the Highway 13 project. Councilmember Blomquist moved, Councilmember Masin seconded a motion to receive the Traffic Study for the Cedar Industrial Park. Aye: 5 Nay: 0 EASEMENT VACATION, CONDITIONAL USE PERMIT AND FINAL PLAT (SPACE CENTER AIR CARGO) - SPACE CENTER AIR CARGO, INC. City Administrator Hedges provided an overview on this issue. Senior Planner Ridley gave a staff report. Mayor Awada and Councilmembers agreed they were not comfortable with this proposal due to safety, traffic. and environmental issues. There were numerous residents in the audience who acknowledged they were present to oppose the proposal. Chas Arend, applicant, stated he did not understand the opposition to the project. He discussed the proposed I-I uses and the surrounding I-I uses. He stated the project had been brought forth in good faith and at no time during the review process did he think traffic had been an issue. Mayor Awada explained that when the property was originally zoned. there was not the amount of development in the area and the traffic was not a problem She stated that the amount of added traffic from this proposal would only add to the current traffic problems. Councilmember Blomquist discussed the history of the area and stated that the original use was not a desired use. She further stated that MNDOT took away entrances to the properties in the area when Highway 13 was constructed and there have been no proper entrances to the property since. Eagan City Council Meeting Minutes October 1 7. 2000 Page 9 00301 City Attorney Dougherty stated that the existing easements on the property that are being requested to be vacated would cause some existing storm sewer pipes to be removed and the Council should consider if they want these pipes removed. If the easements are not vacated, the plat cannot be approved. Mayor A wada moved, Council member Carlson seconded a motion to deny the Vacation of Public Drainage and Utility Easements on Outlots 2 and 3, Silver Bell Addition (parcels 10-68060-020-00 & 10- 68060-032-00). Aye: 5 Nay: 0 Councilmember Carlson stated that the intensity of the project is too great for the area. She stated she felt the issue should be denied based on safety health and welfare. Mayor Awada further stated that because specific tenants have not been identified, the City has no way to predict traffic generation from the proposed development. Mayor Awada moved, Councilmember Carlson seconded a motion to deny a Final Plat (Space Center Air Cargo) establishing a 14.9 acre lot upon property currently platted as Outlots 2 and 3, Silver Bell Addition (within the SE l;4 of Section 18) based on existing drainage and utility easements on the property. Aye: 5 Nay: 0 Mayor Awada moved, CounciImember Carlson seconded a motion to deny a Conditional Use Permit to allow the establishment of a freight terminal upon a 14.9 acre site (Outlots 2 and 3, Silver Bell Addition) located northwest of Kennebec Drive and southwest of Freightrnasters based on the lack of road improvements. Aye: 5 Nay: 0 FINAL SUBDIVISION (WALDEN HEIGHTS 2ND ADDITION) - CEDAR WOOD DEVELOPMENT, LLC City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. The applicant was present to answer questions. Mayor Awada moved, Councilmember Carlson seconded a motion to approve a Final Subdivision to create 17 single-family lots, on 8.36 acres located south of Walden Drive and west of Richard Lane in the NE 1,4 of Section 33. Aye: 5 Nay: 0 00-65 NEW BUSINESS REZONING & PRELIMINARY SUBDIVISION (PERRON ACRES) MANLEY LAND COMPANY City Administrator Hedges provided an overview of this item. Senior Planner Ridley gave a staff report. Wayne Tower of Pioneer Engineering discussed the proposed plat. George Westlund expressed concern over trail access and stated he feels the project is premature until Dodd Road is improved. CounciImember Blomquist stated she has concerns over the size of building pads and houses. She stated she felt the lots should be estate size lots. Councilmember Carlson questioned the right-of-way dedication. Public Works Director Colbert explained the adequacy of the proposal. Eagan City Council Meeting Minutes October 17, 2000 Page 10 00302 Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a Rezoning of approximately 10.7 acres from A (Agricultural) to R-I (Single Family) located east of Dodd Road and south of Coventry Parkway in the southeast 1,4 of Section 24. Aye: 3 Nay: 2 Councilmembers Masin and Blomquist opposed due to the size of the lots and concern over possible water runoff. Mayor Awada moved, Councilmember Masin seconded a motion to deny a Preliminary Subdivision (Perron Acres), with a variance to allow two lots less than 85 feet in width, on property located east of Dodd road and south of Coventry Parkway in the southeast v.. of Section 24 due to the zoning of the property. Ayes: 3 Nay: 1 Bakken opposed, Councilmember Carlson was out of the room. PRELIMINARY SUBDIVISION (SAFARI AT EAGAN 3RD ADDITION) FORTUNE REALTY City Administrator Hedges provided an overview of this item. Senior Planner Ridley gave a staff report. The applicant was present to answer questions. Council member Bakken moved, Councilmember Blomquist seconded a motion to approve a Preliminary Subdivision (Safari Heights 3rd Addition) located north of Cliff Rod and west of Thomas Center Drive in the southwest 1,4 of Section 28 subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3,1993: BI through 4, Cl, 2 and 4, DI and El 2. The existing I!h" copper water service lines, that will not be utilized by this development but are stubbed to this site from Thomas Center Drive, shall be abandoned in accordance with City standards. 3. The developer shall be responsible for the necessary improvements at the Thomas Center Drive- Beacon Hill/Cliff Road intersection to provide a dedicated southbound right-turn lane, including pavement markings and signal loop detector revisions. 4. The Final Plat shall provide drainage & utility easement over Pond BP-39 up to three feet above its calculated high water level. 5. The developer shall dedicate public sidewalk easement covering the sidewalk along Thomas Center Drive. 6. The development shall be responsible for obtaining all necessary permits from regulatory agencies, including Williams Brothers Pipeline and Dakota County, prior to final plat approval. 7. An association shall be created (and recorded with the final subdivision) and Lot 2, Block 1 shall be conveyed to such association. 8. The developer shall provide evidence that Lot I, Block I, Life Time Fitness Addition has granted cross parking easement to Lots 2 through 6. 9. This proposal shall be subject to a cash trails dedication at the time of the first building permit. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes October 17. 2000 Page 11 00303 PRELIMINARY SUBDIVISION (SPECTRUM ADDITION) - PARKING ASSOCIA TES, INC. City Administrator Hedges provided an overview of this item. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a Preliminary Subdivision (Spectrum Commerce Center) to create three lots and one outlot, with a Variance to the minimum lot size for Lot 1 to be 1.42 acres, on approximately 27 acres located between Hwy. 55 and Blue Water Road in the NW II.! of Section 2 subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3,1993: AI, Bl, B2, B3, B4, Cl, C2, C4, Dl, El 2. The property shall be platted. 3. The developer shall acquire the .03-acre "Reiling triangle" prior to final subdivision approval. 4. In accordance with NURP standards, a stormwater treatment pond should be created to accommodate a minimum wet-pond volume of 5.1 acre-feet. The pond should have a maximum depth of 10 feet, a 10: 1 aquatic bench, and an outlet skimmer according to City design standards. 5. The developer shall extend all inlet pipes (existing and new) to the normal water level of the pond to help prevent erosion. 6. An outlet skimmer in accordance with City engineering standards shall be constructed on the outlet pipe from the pond. 7. The relocated water main shall be relocated in accordance with City engineering standards, including providing adequate cover over the water main. 8. Access for future development on Lot 3 shall not be located less than 300 feet from the Blue Water Road and Hwy. 55 intersection. 9. This development shall accept the City's determination of responsibility and costs of $3,478.00 per net developable acre for AUAR Mitigative Traffic Improvements as identified in the Final AUAR document approved by the City Council on October 20, 1998. The financial obligation will be placed in an escrow account with the City to be used solely for financing the AUAR improvements and any unused amount will be returned to the payers upon full development of the AUAR properties. 10. Blue Gentian Road from Blue Water Road to Highway 55 must be approved by the City Council prior to Final Subdivision approval. 11. The owner shall waive the right to object to any assessments for the construction of Blue Gentian Road and associated public improvements. 12. The developer must obtain all necessary permits from MnDOT for any work within the Hwy. 55 right- of-way. 13. This development shall dedicate 40 feet of one-half right-of-way for the south half of Blue Gentian Road and preserve an additional 40 feet of land for right-of-way purposes for the north half of Blue Gentian Road for acquisition by the City. 14. Prior to final subdivision approval or commencement of any grading or construction activity, the applicant shall submit a Tree Preservation Mitigation Plan that shows the fulfillment of mitigation requirements according to the City's ordinance. Eagan City Council Meeting Minutes October 17.2000 Page 12 00304 15. Prior to final subdivision approval, the applicant shall provide a revised landscape plan, prepared by a registered landscape architect, and revised to meet screening requirements and show additional information as indicated in the planning report. 16. This development shall be responsible for cash park and trail dedications, payable at the time of building permit issuance at the rate then in effect. Aye: 5 Nay: 0 ADMINISTRA TIVE AGENDA ADVISORY YOUTH COMMISSION City Administrator Hedges discussed the development of an Advisory Youth Commission. Mayor A wada expressed concern over the amount of staff that would be required at a time with City staff is overloaded. She further stated there is also a lack of interest on the part of the youth at this time. Councilmember Bakken agreed with Mayor Awada and suggested that any interested youth could participate in existing commissions. Councilmember Masin stated that the youth are the most important asset in the community and they need to made a part of the community. Council member Carlson stated there are already available opportunities for the youth. Mayor Awada suggested the project be put off for a year. YOUTH PARTICIPATION AT NLC CONFERENCE City Administrator Hedges outlined options for youth participation at the NLC Conference to be held December 5-9, 2000 in Boston. Councilmember Masin stated she felt that youth should participate in the conference and resources should be sought. City Administrator Hedges stated that in the past the high school had matched funds. He stated he would contact the school to discuss this possibility. 3811 ALDER LANE City Administrator Hedges stated that the City had been contacted by Amanda Heu of 3811 Alder Lane expressing interest in selling that property, which is located near the Cedar!13 redevelopment area, to the City. The Council agreed to have staff pursue the purchase of the property. Mayor Awada moved, Councilmember Carlson seconded a motion to allow staff to negotiate the purchase of 3811 Alder Lane, Eagan, MN. Aye: 5 Nay: 0 LARRY WENZEL DEVELOPMENT It was acknowledged that a letter had been recei ved from Mr. WenzeJ' s attorney dated October 11, 2000. Eagan City Council Meeting Minutes October 17, 2000 Page 13 003C5 TELECOMMUNICA TIONS LEASE AGREEMENT Public Works Director Colbert gave an overview of this issue. Mayor Awada moved, Councilmember Carlson seconded a motion to approve the Co-locate telecommunication lease agreement with Quest, Inc. for an antenna installation on city park property located at 1689 Highline Trail and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 VISITORS TO BE HEARD Daryle Peterson commended Councilmembers Masin and Blomquist on their opposition to the Perron Acres rezoning. He stated that the Council should represent the citizens, not market forces. He went on to discuss his opposition to the small lot sizes. Mayor A wada explained that if a developer meets the requirements of the zoning ordinance he has the right to develop. Kevin Manley (developer ofp'erron development) stated that he is not only a developer, but a resident of Eagan and is proud of his previous development as well as the proposed development. He stated that large lots are not what everyone is looking for and that it is ultimately the homeowners' decision if they like the smaller lots or not. He stated if residents are looking for large acreage they will look elsewhere. Leonard Perron, owner of the property (proposed Perron development) stated he has a right to sell his property and has been depending on the sale for his retirement. He stated that it really hurt him when Councilmembers Blomquist and Masin voted against the project. ADJOURNMENT The meeting adjourned at 11 :35 p.m. to an Executive Session to discuss pending litigation. OCTOBER 17, 2000 Date If you need these minutes in an alternative fonn such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 681-4600, (TDD phone: (651) 454-8535). 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