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05/16/2000 - City Council Regular ./ 001.52 MINUTES OF A REGULAR MEETING Of THE EAGAN CITY COUNOL Eagan, Minnesota May 16, 2000 A regular meeting of the Eagan City Council was held on Tuesday, May 16, 2000 at 8:00 p.m. at the Eagan Munidpal Center. Present were Mayor Awada and Counci1members 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 Jim Sheldon. fJiim::mi:;mm@J.J Chief of Police Kent Therkelsen introduced Officer Hugh Curry. Deputy City Clerk Karels administered the Oath of Office to Officer Curry. AllR;3; Counci1member Bakken moved, Councilmember Carlson seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 gP.::!;:~$::ml::m;e::M~yj:~::gQ.oo::.m~::j.gQIQmQ.::n.lt.mIMilrolili.::!:lwlY1.l:rMJjl.I;S; Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 gjJ.!:;lj$.:::ml;m;e:;gm;:li~::ga:;:$gllmMIm::mit.!N!1 Counci1member Bakken moved, Counci1member Carlson seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 . _::lttltl~:lm\iM::g;:::~oop:IjG_:tfl~fi:t:n;;~:Q Coundlmember Bakken moved, Councilmember Carlson seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 Y!$.fljm!1$::wQ:lg:~fi Resident Margo Danner commented on the new runway at MSP International Airport and encouraged anyone who lives within a mile of Cedar Avenue to attend two informational meetings being conducted by MAC on May 23 from 5:00 p.m. to 8:00 p.m. at the Community Room in City Hall and on May 25 from 5;00 p.m. to 8:00 p.m. at the Royal Cliff Banquet Fadllty. She also encouraged the City to send letters to residents who live along the flight paths informing them of the upcoming meetings. She further encouraged residents to vote "Yes" on June 6 for the community center bond referendum. She mentioned that the Friends of the Central Park will be conducting a rally and informational open house at the Central Park site on June 3 from 12:00 p.m. to 3:00 p.m. and extended an invitation to the public to attend. Jim Blair stated that for the past five years he has been cablecasting for the City. He said that June 1 would be his last day working for the City and thanked the City Council for the experience. Cindy Fields, 4725 Weston Hills Drive, said that she ran for the School Board last fall and there were 14 candidates. She spoke in support of a primary election and added that it will help eliminate the people who are not serious in running for an elected office. Paul Carlyon, 3906 Canter Glen Drive, also spoke in support of a primary election and stated that it will provide an opportunity for the public to get to know the candidates better. 001.53 EAGAN CITY COUNCIL MEETING MINUTF5; MAY 16,2000 PAGE 2 Michael Vincent, 3786 Windtree Drive, commented on possible misrepresentations that have been made when the Council has been discussing the "confidential documents" related to a lawsuit against the City of Eagan, Mayor Awada and Councilmembers Carlson and Bakken. He added that a number of explanations have been offered as to why he received documents that were marked confidential. He submitted a letter that he read into the record and asked Recording Secretary Karels to ensure that his comments were included. (A copy of the letter was placed in the Administrative file.) Mayor Awada questioned if a letter was going to be sent to residents in the Cedar Grove area with regard to the upcoming MAC meetings. City Administrator Hedges stated that no discussion has occurred at the staff level with regard to sending out notification of the upcoming meetings; however, he added that information has been published in the newspapers and the resident newsletter. Counci1member Masin suggested that information be placed on channels 15 and 16. City Administrator Hedges stated that a community journal piece could be produced that would show clips of the meetings on May 23 and 25. Assistant City Administrator Jamie Verbrugge stated that a community journal is planned for June. City Administrator Hedges said that the newsletter could contain a feature story about the North/South runway. Counci1members concurred with the notification methods as discussed. gQ~a$:Dx:gj,jfx::gQYNgU#.:~::I'QM~m~~tQI::~::RfJr.8IIjg\qtJ.mt\Q$. Counci1member Masin moved to adopt the City of Burnsville's process for recording City Council minutes. Mayor Awada stated that the Council had agreed that motions would not be made under "Comments by City Council." Counci1member Masin requested a copy of the minutes from the meeting where the Council had taken that action. Mayor Awada added that any two Councilmembers or the Mayor can add additional items to the agenda the Friday or Monday before the Council meeting. Councilmember Masin said she thought the Council could add something during a meeting. Councilmember Carlson suggested it be discussed at a spedal City Council meeting. Coundlmember Bakken stated that an item could be added in the case of an emergency but said this item could wait for a future meeting. Mayor Awada reiterated that Councilmember Masin could add this item to a spedal City Council agenda as long as she had a second for her request and advance notification is given. Councilmember Carlson said she would be willing to discuss being a second to Counci1member Masin's request following the meeting. Councilmember Bakken said he was concerned about following procedures and added that he did not want to forego providing the public with an opportunity to be informed about this item. A news clip from ChannelS, featuring the Building Inspection/Fire Marshal, regarding structural/ design changes the staff had recommended at the Promenade Oaks apartment complex was shown. g~~Y$:.gOOPlqQM~:~m:mfjR~YM:~P^lOO City Administrator Hedges stated that requests have been received from Boy and Girl Scout groups to help clean up the Central Park site. He added that they will be cleaning up the site on May 20. He noted that there have been calls made to the Community Center hotline. gQNS~:~G:~1 A. Personnel Items Item 1. It was recommended to approve the hiring of Jennifer Bolint, Ranae Thorman, Jessica Ofstedahl, Thomas Halter, Amber Cohen, Nikki Christle, Allison Klee, Mamie Gulsvig and Paul Buske as seasonal lifeguards for Cascade Bay. Item 2. It was recommended to approve the hiring of Sarah Roth, Dane Sandvik, Jenna Oark and Lauren Wilken as seasonal concessionaires for Cascade Bay. EAGAN CITY COUNCIL MEETING MINUTES; MAY 16, 2000 PAGE 3 00154 Item 3. It was recommended to approve the hiring of Josh Mills, Crystal Creighton and Kathryn Hem as seasonal guest services workers for Cascade Bay. Item 4. It was recommended to approve the hiring of Nicholas Lough, Bryce Zachery, Justin Page, Sean Cosgrove and Nick Boland as seasonal operations/maintenance workers for Cascade Bay. Item 5. It was recommended to approve the hiring of Eric Freeman and Richard Runde as seasonal forestry technidans. Item 6. It was recommended to approve the hiring of Paul Robertson as a seasonal park attendant. Item 7. It was recommended to approve the hiring of Alexis Drews, John O'Toole and Jeffrey Van Overbeke as part-time seasonal park maintenance workers. Item 8. It was recommended to approve the hiring of Aaron Mlynek as a seasonal water resources assistant. Item 9. It was recommended to approve the hiring of Mira Broyles as a temporary recording secretary. Item 10. It was recommended to approve the hiring of Tanda Gretz as a temporary planning intern/weed inspector. Item 11. It was recommended to approve the hiring of Carl Rascher as a temporary building inspector. Item 12. It was recommended to accept the letter of resignation from Kevin Crooks, utility maintenance worker. Item 13. It was recommended to approve the Time Spent Profile (TSP) adjustments for the Community Development Department GIS Technidan from Range G to Range H, the Community Development Clerical Technidan II to Clerical Technidan III and the Community Development Secretary's TSP to H exempt range and the change in title to Officer Supervisor. Item 14. It was recommended to approve the City of Eagan Cascade Bay Drug and Alcohol Testing Policy. B. Amend polides and procedures governing application, review and recommendations regarding grant of competitive cable franchises. It was recommended to approve amendment to the City's polides and procedures governing application, review and recommendations regarding grant of competitive cable franchises. C. Contract 00-07, approve traffic signal agreement (TH 13/Blackhawk Road). It was recommended to approve a traffic control signal agreement for Contract 00-07 (TH 13/Blackhawk Road - Divided Four- Lane Upgrade) with the Minnesota Department of Transportation and authorize the Mayor and Deputy City Clerk to execute all related documents. D. Contract 00-11, approve plans/authorize ad for bids (Fish Lake Water Ouality Improvement). It was recommended to approve the plans for Contract 00-11 (Fish Lake Outlet Pumping Station - Water Quality Improvements) and authorize the advertisement for a bid opening to be held at the Eagan maintenance fadlity at 10:30 a.m. on Thursday, June 1, 2000. E. Project 742, approve easement acquisition agreement (Wescott Woodlands - Carriage Hills Golf Course Utilities). It was recommended to approve and Easement Acquisition Agreement for parcels 10- 01400-010-25 and 10-01400-010-50 (Carriage Hills Country Club) regarding said easements for Project 742 (Wescott Woodlands - Street and Utility Improvements) and authorize the Mayor and Deputy City Clerk to execute all related documents. EAGAN CITY COUNCIL MEETING MINUTF5; MAY 16, 2000 PAGE 4 00155 F. Contract 00-07, approve limited use permit (TH 13 - Trail). It was recommended to approve a Limited Use Permit for Contract 00-07 (TH 13/Blackhawk Road - Divided four-Lane Upgrade) with the 00- 36 Minnesota Department of Transportation and authorize the Mayor and Deputy City Oerk to execute all related documents. G. Contract 00-08. receive bids/award contract (Chapel Hill Baptist Church - Utilities). It was recommended to receive the bids for Contract 00-08 (Chapel Hill Baptist Church - Sanitary Sewer & Water Improvements), award the contract to Burschville Construction for the Base Bid in the amount of $29,584, and authorize the Mayor and Deputy City Oerk to execute all related documents. H. Contract 98-24, approve Change Order No.2 (Blue Water Road/ authorize ad for bids (Lone Oak Circle - Street Overlay). It was recommended to approve Change Order No.2 to Contract 98-24 (Blue Gentian Road and Blue Water Road - Street and Utility Improvements) and authorize the Mayor and Deputy City Clerk to execute all related documents. I. Project 789, receive feasibility report/schedule public hearing/authorize ad forbids (Lone Oak Circle - Street Overlay). It was recommended to receive the feasibility report for Project 789 (Lone Oak Circle - Street Overlay), schedule a public hearing to be held on June 5, 2000, authorize the preparation of detailed final plans and specifications, and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, June 15,2000. J. Proclamation. observing Pause for Pledge of Allegiance on Tune 14 at 6:00 p.m. It was recommended 00-35 to proclaim June 14,2000 at 6:00 p.m. to be a time to "Pause for Pledge of Allegiance" in the City of Eagan. K. Final Plat. Oak Hills Church - Oak Hills Church, Inc. It was recommended to Final Plat, (Oaks Hills Church Addition) to allow the creation of a 2.5 acre lot and a 4.6 acre outlot upon 7.1 acres of land located south of Yankee Doodle Road and east of Coachman Road in the NW 1/4 of Section 16. L. On-Sale liquor license for Cooper's Restaurant. It was recommended to approve the on-sale liquor license for Cooper's Restaurant, Inc. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 iffnifiF'&ri:~:'firii:.'tG""''ii if:RYAs{*~~~l;:.::~:::~i APPROVE 5 YEAR CAPITAL IMPROVEMENT PROGRAM (2001-2005), PART nI (EXCLUDING PARKS) City Administrator Hedges provided an overview on this item. No one was present in the audience for this item. Mayor Awada opened the public hearing to anyone wishing to speak. There being no one, she closed the public hearing and turned the discussion back to the Council. Counci1member Bakken moved, Councilmember Carlson seconded a motion to adopt the S-Year (2001-2005) Capital Improvement Program Part III (Excluding Parks) and authorize its implementation. Aye: 5 Nay: 0 PROJECT 750, TH 55 & BLUE WATER ROAD (ACCESS MODIFICATIONS & SOUTH FRONTAGE ROAD) City Administrator Hedges provided an overview on this item. / EAGAN CITY COUNCIL MEETING MINUTF5; MAY 16, 2000 PAGES 00156 Mayor Awada opened the public hearing to anyone wishing to speak. The attorney representing Mary lmre, 2805 Dodd Road, expressed concern about the lack of access to TH 55. There being no one else wishing to speak, Mayor Awada closed the public hearing and turned the discussion back to the Council. Counci1member Carlson asked if there was MnDOT funding involved. Director of Public Works Colbert noted that MnDOT's fiscal year is from July 1, 2000 to July 1, 2001 and the funds are programmed for this timeframe. Councilmember Carlson moved, Counci1member Bakken seconded a motion cancel Project 750 (Hwy.55 & Blue Water Road - Access Modifications). Aye: 5 Nay: 0 VACATE PUBLIC DRAINAGE AND UTILITY EASEMENT (LOT 27, BLOCK 1, CANTERBURY fOREST) AND VARIANCE - GREG HAUPT, 1067 TIFFANY DRIVE City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Mayor Awada opened the public hearing to anyone wishing to speak. There being no one, she closed the public hearing and turned the discussion back to the Council. Mayor Awada moved, Councilmember Bakken seconded a motion to approve the Vacation of a portion of the public drainage and utility easements within Lot 27, Block 1, Canterbury forest, and authorize the Mayor and City Oerk to execute all related documents. Aye: 5 Nay: 0 Counci1member Bakken moved, Coundlmember Carlson seconded a motion to approve a Variance of 1.5 feet to the required five foot side yard setback for a garage addition at 1067 Tiffany Drive, legally described as Lot 27, Block 1, Canterbury Forest, located in the SW 1/4 of Section 26 subject to the following conditions: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The applicant shall obtain a building permit prior to beginning construction. 3. The proposed addition shall be constructed using materials to match the existing structure. Aye: 5 Nay: 0 VARIANCE - CUSTOM HOMES, INe. (4521 ALIOA DRIVE) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Mayor Awada opened the public hearing to anyone wishing to speak. Kathy Trimble, representing Custom Homes and the home buyer, stated that this lot barely meets the minimum requirements for size restrictions. She said that they angled the garage in an 001.57 EAGAN CI1Y COUNCIL MEETING MINUTES; MAY 16,2000 PAGE 6 attempt to get a small backyard. She suggested that as the lot sizes in Eagan get smaller the Council might want to consider possible deviations. Jennifer Wilson, home buyer, commented on the spedal conditions associated with this lot. She noted that the lot is odd shaped, small and surrounded by water. She added that the hardship is that there is only a small portion of the lot that can be used for a yard. She further added that they meet all the setback requirements and the neighbors do not have an issue with the variance. . There being no one else wishing to speak, Mayor Awada closed the public hearing and turned the discussion back to the Council. Counci1member Carlson moved, Counci1member Bakken seconded a motion to approve a 1 percent Variance to the maximum 20 percent lot coverage requirement applied to Lot 13, Block 1, Southern Lakes West located in the SE 1;4 of Section 25. Mayor Awada stated that the intent of the lot coverage is to ensure that a large house is not built on too small of a lot. She noted the hardship in this case and added that it is not unrealistic to build a house on a 13,000 square foot lot. A vote was taken on the motion. Aye: 5 Nay: 0 oLn]luslNBSS ................................................................................ PROJECT 742, CANCEL FINAL ASSESSMENT HEARING (WESCOTT WOODLANDS - STREETS AND UTILITIES) City Administrator Hedges provided an overview on this item. Councilmember Carlson moved, Counci1member Masin seconded a motion to cancel the final assessment hearing for Project 742 (Wescott Woodlands - Streets and Utilities). Aye: 5 Nay: 0 ~:I(Q$.~g$. CONSIDER LOCAL PRIMARY ELECTION 00-34 City Administrator Hedges provided an overview on this item. Mike McGynn, 1451 Blackhawk Lake Drive, expressed his support for a primary election and added that a primary will help clarify the issues and provide the voters with a better opportunity to consider the candidates. Ryan Kaess, 886 Wescott Trail, also expressed his strong support for a primary and said that it is important to have the majority of the dtizens in the community voting for the people who are serving the City. Michael Vincent, 3786 Wind tree Drive, expressed his support for a primary. Susan Widmar, 3716 Blackhawk Lake Court, said that she was representing the Eagan OPEn and commented that four of 11 dties around the area have primaries and added that three of those four dties have charter commissions. She noted that Eagan OPEn is committed to the formation of a charter commission and added that the commission would essentially serve to audit City procedures. Councilmember Masin said that at the last City Council meeting Karen Flood had reminded the Council that they had discussed the formation of a task force to address election issues. She stated that the Council should appoint a task force or look at the possibility of becoming a charter dty. 001.58 EAGAN CITY COUNCIL MEETING MINUTF5; MAY 16, 2000 PAGE 7 Counci1member Carlson asked why the Eagan OPEn would petition for a charter dty rather than asking the City to check into the possibility. She stated that she supported a primary election and added that it will help reduce the amount of lawn signs around the City. She further stated it will give the people who initially file and later dedde they are not interested in running for office an opportunity to bow out of the race. She further added that it gives the public an opportunity to get to know the candidates better. Counci1member Blomquist stated that she had no problem with a local primary. She added that she envisions the City of Eagan becoming a charter dty and said she was grateful for the' people who have taken the lead on this matter. She stated that part of the purpose of circulating a petition is to educate the public. Counci1member Masin stated that the City Council could ask for a charter commission and asked Councilmember Carlson if she would be willing to second a motion to that effect. ' Counci1member Carlson suggested that Councilmember Masin talk to her about this matter after the meeting. Counci1member Carlson moved, Councilmember Bakken seconded a motion to approve a resolution that elects to hold a munidpal primary election in accordance with Minnesota Statute 205.065, directs that all action required under the statute be taken, resolves that the first munidpal primary election be held in the year 2000 in accordance with the statute and is effective for all ensuing municipal elections until it is revoked. Counci1member Blomquist stated that approximately 18 months ago the City Council started to address election issues but added that this is so little so late. She further added that there is a whole lot more that the Council needs to do other than just approving a primary election. Counci1member Masin said she opposed this action and said she would prefer to keep the Council's original promise and appoint a task force or give support to a charter dty. Councilmember Bakken stated that he has mixed feelings about a primary; however, the positives outweigh the negatives. A vote was taken on the motion. Aye: 3 Nay: 1 (Councilmember Masin opposed and Councilmember Blomquist abstained) Counci1member Blomquist said she was abstaining because she would like to see the City consider a charter commission. DRIVEWAY ACCESS REQUEST - COLLECTOR STREff (DENMARK AVENUE - GARY BISBEE) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Mayor Awada asked if the Council had ever approved a similar request. Director of Public Works Colbert stated that some corner lots have been granted a secondary access to collector streets.; however, the property owners must sign an agreement accepting the future street assessments assodated with the secondary access. Gary Bisbee, 1261 Windcrest Avenue, stated that he wanted to move his shed from the side of the lot to the back of the property and also wanted a parking space for his motor home. Senior Planner Ridley stated that it would be possible for the shed to meet setback requirements. He noted that the new Recreational Vehicle Ordinance would allow for a trailer to be parked on the property as long as it was properly screened. Mr. Bisbee added that he is removing the berm on his property and will be constructing a fence after the berm has been leveled. He further added that he is going to construct a retaining wall adjacent to his neighbor and a fence along the back of the property. EAGAN CITY COUNCIL MEETING MINUTF5; MAY 16, 2000 PAGES 001.59 Counci1member Blomquist noted that this is not the first property that has been granted driveway access on to a minor collector. She noted that some residents have not even come to the City Council to get a permit for a similar request. She further noted that Mr. Bisbee has done some nice landscaping and installing a simple driveway is better than ruining the existing landscaping. Councilmember Carlson asked how often the driveway would be used. Mr. Bisbee said he would be using it about once per week. Counci1member Carlson stated that if this area is going to get that much use Mr. Bisbee is probably in need of this access. Mr. Bisbee said that he plans on repairing the sidewalk once the berm is removed. Counci1member Masin said that typically when a development is constructed the City asks for the installation of berms. She questioned if property owners needed permission to remove the berms. Director of Public Works Colbert stated that this berm was constructed as a buffer between single family and multi-family developments. He added that property owners do have the freedom to landscape their property as they see fit and minor changes can be made to the topography of the lot as long as it does not adversely impact drainage flows or utilities. City Administrator Hedges noted that there is no protective easement on berms. Councilmember Blomquist stated that the worst example of the removal of berms is along Lexington Avenue where all the residents installed fendng. Counci1member Blomquist moved, Councilmember Masin seconded a motion to approve a request for a new driveway access on to a Minor Collector street and authorize City staff to execute all related right-of-way permits. Councilmember Bakken stated that he was opposed to the motion and added that he is not concerned about the temporary use but rather the long-term use. He said he was also concerned about the precedent this would set. Mayor Awada said she was opposed for the same reasons. A vote was taken on the motion. Aye: 3 Nay: 2 (Mayor Awada and Counci1member Bakken opposed) COMPREHENSIVE GUIDE PLAN AMENDMENT AND PRELIMINARY SUBDIVISION (SPENCER SPRINGS) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Tony Lund, applicant, said that this is a straightforward subdivision. Mayor Awada inquired about the corridor and noise contour in this area. Assistant City Administrator Jamie Verbrugge said that this subdivision is located in the 60 DNL and noise zone IV. He added that the subdivision is not an ideal use; however, he stated that it is allowable. He said that there are restrictions on home construction in this area. Senior Planner Ridley stated that the draft Guide Plan denotes this as a spedal area. Mayor Awada said that if this area is reguided to single family now then it would also be reguided to spedal area at a future date when the City Council adopts the Comprehensive Plan update. Councilmember Carlson said that these homes would be constructed according to sound regulations. She stated that this might not be the best use for the property in the long term. Mr. Lund said that the single family homes will be built according to ~e standards set forth by MASAC and the City. Mayor Awada said that the City has been working on redeveloping the Cedarvale area and this area requested to be removed from the study. She said that the City Council took them out of the redevelopment area but not out of the spedal area. She further said that since this area will be located within a noise impact zone buyout or insulation will eventually occur. She said that the Council did indicate that this area would remain single family for the short term. I EAGAN CITY COUNCIL MEETING MINUTF5; MAY 16, 2000 PAGE 9 001.60 Mr. Lund stated that currently there are two homes on one lot. Counci1member Carlson stated that the two new homes would be brought up to certain standards, which would be a positive. She added that for the short term this area will remain residential but in the long term it will likely be something else. Councilmember Blomquist moved, Counci1member Carlson seconded a motion to approve a Comprehensive Guide Plan Amendment changing the suggested use of 1.3 acres of land located north of Silver Bell Road and east of Nicols Road (in the southwest V. of Section 18) from IND, Limited Industrial to D-1, Single Family (0-3 units/acre). Councilmember Carlson said it was her understanding that this property is not Limited Industrial. Mayor Awada stated that it is currently guided Industrial but is proposed to be Spedal Area. Councilmember Carlson questioned if it could be changed from Limited Industrial to Spedal Area. Mayor Awada asked if the two existing homes were uninhabitable. Mr. Lund stated that one of the homes was uninhabitable. Mayor Awada asked if the Council could restrict future subdivision from occurring in an area that is subject to airplane noise. City Attorney Sheldon stated that it would be possible but it would be necessary to start with a comprehensive and detailed Comprehensive Guide Plan Amendment involving fine tuning of the spedal area. Mayor Awada stated that this could be included in the Plan. Sheldon noted that the Council could include standards that need to be adhered to in order to subdivide in these areas. Senior Planner Ridley noted that there are six or seven areas in Eagan that are classified as Spedal Area and further definition will occur once the Guide Plan update is complete. He added that the zoning and Comprehensive Guide Plan need to be consistent. A vote was taken on the motion. Aye: 5 Nay: 0 Counci1member Blomquist moved, Councilmember Carlson seconded a motion to approve a Preliminary Subdivision entitled "Spencer Springs" located in the southeast % of Section 18 subject to the following conditions: 1. The developer shall comply ~th these standard conditions of plat approval as adopted by Council on February 3,1993: Al, B1, El 2. The property shall be platted. 3. The developer shall be responsible for the abandonment of any well or septic systems within the subdivision, in accordance with City and County requirements. 4. An Individual Lot Tree Preservation Plan shall be required for Lot 1 and for Lot 2. 5. Tree protection measures (i.e. orange colored silt fence or four foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 6. The applicant shall contact the City of Eagan Forestry Division to set up a pre- construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of tree protection fencing. 7. The proposal shall be subject to a cash parks dedication and a cash trails dedication. 8. City Offidals make acceptable findings regarding the eight airport noise stipulations. 001.61. EAGAN CITY COUNCIL MEETING MINUTF5; MAY 16, 2000 PAGE 10 9. Architectural designs and construction methods for new construction within the development incorporate sound attenuation standards suffident to achieve an interior sound level of 45 DBA as compared with a noise level of 60 DNL. This will require an inside noise level reduction of at least 15 DBA (DNL level minus required DBA level). 10. In lieu of on-site ponding, the development shall meet the City's water quality requirements via a cash dedication. 11. The developer shall record information against the deed notifying future buyers that the property is located within an airport noise corridor. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION (SAFARI AT EAGAN JRD ADDmON) AND A PLANNED DEVELOPMENT AMENDMENT City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Gary Krueger, 4532 South Mallard Trail, stated that he lives behind Lifetime Fitness and the property owners agree with most of the proposal. He said that they would like to ensure that a berm and fence are constructed on the northwest corner of the property where the parking lot will be located. He further said that they would like to have the berm on the north side of the fence landscaped with evergreens and pines and also would like Lifetime fitness to maintain the fence. He requested that the Council ensure that that the property is developed the way it is supposed to be and also ensure that the elevation of the land stay as proposed. Senior Planner Ridley stated that staff will make sure that the completion of the fence and berm is a requirement of Phase I of the development. He added that Lifetime Fitness will maintain the fence. Coundlmember Carlson stated that they do have the right to develop this property. Mayor Awada noted that this development will be less dense allowed under the current Planned Development. Coundlmember Bakken moved, Councilmember Masin seconded a motion to approve a Preliminary Planned Development Amendment to allow three commerdal uses upon approximately 7.0 acres of land located north of Cliff Road and west of Thomas Lake Center Drive in the southwest Y4 of Section 28 subject to the following conditions: 1. The City shall approve the Safari at Eagan 3rd Addition preliminary subdivision and the developer shall satisfy all the conditions attached hereto. 2. The Preliminary Planned Development shall approve the following uses on site: A 10,000 square foot, class I restaurant and assodated off-street parking upon a single lot. Two 12,000 square foot office buildings (two stories), two 5,500 square foot office buildings (one story) and assodated off street parking upon a single lot Parking lot expansion for Lifetime Fitness (to be combined with Lot 1, Block 1, Safari at Eagan 2nd Addition) 3. The developer shall enter into a Preliminary Planned Development Agreement with the City in accordance with Section 11.40 Subd. 6 of the City Code prior to the final Planned Development application. 4. The term of the Preliminary Planned Development shall be 10 years from the date of City Council approval. 001.62 EAGAN CITY COUNCIL MEETING MINUTF5; MAY 16, 2000 PAGE 11 5. Prior to Council consideration of Final Planned Development for Lots 1 and 2, the following plans shall be submitted: Final Subdivision Final Site Plan Final Lighting Plan Final Utility Plan Final Grading, Drainage & Erosion Control Plan Final Signage Plan Final Building Elevations 6. Prior to Council consideration of Final Planned Development for Lot 3, the following plans shall be submitted: Final Subdivision Final Site Plan Final Lighting Plan final Utility Plan Final Grading, Drainage & Erosion Control Plan Final Landscape Plan 7. The Applicant shall prepare and the City Attorney shall review and approve cross parking and access easements for the development. 8. Proposed Lot 3 shall be combined with the adjacent Lifetime fitness lot (Lot 1, Block 1 Safari at Eagan 2nd Addition) as part of the Final Subdivision as approved by the City Attorney. 9. No more than one pylon sign shall be allowed upon proposed Lot 1. All site signage sign shall be in accordance with the City Sign Code. 10. All trash enclosures shall be attached to the principal building(s) and meet the requirements of the City Code. 11. Perimeter lights shall be 18 feet with shields. 12. Heating/ cooling units shall be located on the interior sides of the office buildings and screened from view of the residential area. 13. The restaurant shall install odor resistant exhaust system. 14. There shall be no separate bar area in the restaurant. 15. Additional landscaping shall be installed on the south side of the restaurant's access drive. 16. There shall be no security lights on the back of the office buildings. 17. Completion of the fence and berm landscaping shall precede or occur concurrently with the first phase of development. Aye: 5 Nay: 0 001.63 EAGAN CITY COUNCIL MEETING MINUTF5; MAY 16, 2000 PAGE 12 Councilmember Bakken moved, Mayor Awada seconded a motion to approve a Preliminary Subdivision (Safari Heights 3rd Addition) located north of Cliff Road and west of Thomas Center Drive in the southwest % of Section 28 subject to the following conditions: 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: A1, B1, B2, B3, B4, C1, C2, C4, D1, E1 2. Proposed Lot 3 shall be combined with the adjacent Lifetime Fitness lot (Lot 1, Block 1, Safari at Eagan 2nd Addition) as part of the Final Subdivision. 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 Subdivision shall provide a drainage and utility easement over Pond BP-39 up three feet above its calculated high water level. 5. The development shall be responsible for obtaining all necessary permits from regulatory agendes, including Williams Brothers Pipeline and Dakota County, prior to Final Subdivision approval. Aye: 5 Nay: 0 CONSIDER ARC RECOMMENDATION REGARDING PART 150 LAND USE OPTIONS City Administrator Hedges provided an overview on this item. Assistant City Administrator Jamie Verbrugge gave a staff report. Discussion occurred regarding the Fair Property Disclosure Policy. Mayor Awada stated that it should be made very clear that the proposed flight paths only affect small portions of Eagan that are located within the noise zones. Assistant City Administrator Verbrugge suggested that a joint meeting of the ARC and the City Council be held to discuss these issues. Mayor Awada moved, Councilmember Masin seconded a motion to approve the recommendation from the Eagan Airport Relations Commission to support inclusion of Land Use Measure 9 (LU-9), with the restrictions, and Land Use Measure 10 (LU-10), for new construction only, in the updated Metropolitan Airports Commission FAR Part 150 Study. Aye: 5 Nay: 0 ipmBl~&NflM~:.~~~~1 RESOLUfION AUfHORIZING THE ISSUANCE AND SALE Of $1,565,000 MUL TIFAMIL Y HOUSING REVENUE REFUNDING BONDS City Administrator Hedges provided an overview on this item. Coundlmember Masin moved, Coundlmember Carlson seconded a motion to approve a resolution authorizing the issuance and sale of $1,565,000 Multifamily Housing Revenue Refunding bonds (Crossroads of Eagan Project - FHA insured mortgage loan) Series 2000A, and $120,000 Taxable Multifamily Housing Revenue bonds (Crossroads of Eagan Project - FHA insured mortgage loan) Series 2000B. Aye: 5 Nay: 0 ZONING ORDINANCE UPDATE City Administrator Hedges provided an overview on this item. 001.64 EAGAN CITY COUNCIL MEETING MINUTF5; MAY 16, 2000 PAGE 13 Councilmember Blomquist moved, Councilmember Masin seconded a motion to authorize the hiring of the Hoisington Koegler Group, me. at a base amount of $12,875 to work with staff under the direction of the APC and City Council to update the City's Zoning Ordinance. Aye: 5 Nay: 0 PROJECT 787, CHAPEL HILL BAPTIST CHURCH APPROVE SETTLEMENT AGREEMENTS FOR EASEMENT ACQUISITION Director of Public Works Colbert provided an overview on this item. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the settlement agreements regarding the easement acquisition costs with the property owners of Parcels 10- 03400-010-51 and 10-03400-021-51 for Project 787 (Chapel Hill Baptist Church - Utility Extensions) and authorize the Mayor and City Oerk to execute all related documents. Aye: 5 Nay: 0 CITY CONTRACT 99-07, SAFARI RESERVOIR (REFURBISH & REPAINT) Director of Public Works Colbert provided an overview on this item. Councilmember Carlson moved, Coundlmember Bakken seconded a motion to approve the contractor's request for extended operating hours for TMI Coatings, me., from 7:00 a.m. to 7:00 p.m., Sundays, including Memorial Day, until the scheduled completion date of June 9, 2000. Aye: 5 Nay: 0 ............ ......., :iA.:...:.:O........:J.....Q......lJR................NMEJNT....:......:.,...............;....,.,.,.. . . .. . .. .. .....,... . . . . '". .' . ... . ... ........ . ... . .... . .. . .. . ... . . .... . .. . :...:...:.....:.:..::.....:::.;...:.:.:.:.-.:...::..:.:.::::............:::...::....:: The meeting adjourned at 10:30 p.m. MLK MAY 16, 2000 Date ~K~ City Oerk 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, (651) 681-4600, (TDO phone: (651) 454-8535). The City of Eagan is conunitted to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance.