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02/16/1999 - City Council Regular EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 16, 1999 PAGE 4 00043 In regard to Item E, Proiect 740, receive feasibility report/ schedule public hearing, Silver Bell Rd. (Hwy. 13 to Kennebec - Reconstruction), Councilmember Masin asked if there was any reason to delay action on this item with regard to the project location and its proximity to the Cedarvale area. Director of Public Works Colbert stated that he does not envision this area changing and added that it is timely to perform the maintenance on this road. Councilmember Blomquist said that since the Council is still in discussions about the City's assessment policy as it pertains to addressing road repair and special assessments she would be voting against Items E and F. Mayor Awada moved, Councilmember Bakken seconded a motion to receive the draft feasibility report for Project 740 (Silver Bell Road - Street Reconstruction) and schedule a public hearing to be held on March 16, 1999. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) In regard to Item F, Project 764, receive feasibility report/ schedule public hearing, (Selmark, Harvey, Burrview Acres - Street Rehabilitation Overlay), Councilmember Blomquist indicated that she would be voting against this project until the Council has determined how they are going to proceed with similar projects in the future. Councilmember Bakken moved, Councilmember Carlson seconded a motion to receive the draft feasibility report for Project 764 (Selmark, Harvey, Burrview Acres - Street Overlay) and schedule a public hearing to be held on March 16, 1999. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) In regard to Item J, Tobacco license for Tobacco Pride located at 1960 Cliff Lake Road, Councilmember Masin stated that the Council needs to address possible ways of limiting new tobacco vendors from locating in the City. Councilmember Carlson suggested addressing this issue at a future Council work session. Mayor Awada suggested that Councilmember Masin put her concerns with the existing policy in the form of a memorandum to be discussed at a future Council work session. CounciImember Carlson moved, Councilmember Bakken seconded a motion to approve a tobacco license for Tobacco Pride located at 1960 Cliff Lake Road. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) In regard to Item K, Proiect 768, authorize right-of-way acquisition, Ring Road Alignment (Northwood Pkwy.), Councilmember Masin said it was her understanding that someone may object to the proposed alignment and asked if action by the Council tonight would preclude that person from voicing their objection. Director of Public Works Colbert explained that the action by the Council would allow staff to formally proceed with the appraisal process followed by the public hearing to bring all interested parties before the Council to discuss the issue. Councilmember Bakken moved, Councilmember Carlson seconded a motion to authorize the acquisition of right-of-way for Project 768 (Northwood Parkway - Ring Road Extension). Aye: 5 Nay: 0 OLD BUSINESS PROJECT 745, BLUE GENTIAN ROAD - REDUCE SCOPE OF PUBLIC IMPROVEMENT City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. CounciImember Awada moved, CounciImember Masin seconded a motion to reduce the scope of Project 745 (Blue Gentian Road - Streets & Utilities) by deleting that portion between Blue Water Road and Highway 55, and authorize amending the legal description for right-of-way and easement acquisition as required by eminent domain condemnation. EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 16, 1999 PAGE 5 0004'1 Greg Miller, Regional Director for Wisp ark Corporation, said that Wisp ark is supportive of reducing the scope of the project, but added that timing is becoming critical in the development of the business park. He further added that they believe the extension of Blue Gentian Road is in the best interest of this area for the long term. A representative of Parking Associates, indicated that they have no position on either option presented, but they do object to the condemnation and assessment process. He agreed with Mr. Miller that the extension of Blue Gentian Road is an important part of the ultimate development of this area. Ray Nutzmann, 1027 Blue Gentian Road, stated that he preferred Option 1 of constructing a cul- de-sac with connection to Highway 55 only. Jim Hanson, 1000 Blue Gentian Road, said that he preferred Blue Gentian Road be constructed as originally proposed and further said that it would be more economically feasible to complete the work now. He stated that if the construction of a cul-de-sac is the option supported by the Council, he would prefer a cul-de-sac be constructed at Lexington Avenue. Dean Busing stated that he would prefer that Blue Gentian Road be left as is without any cul-de- sacs. He added that he is concerned with the amount of the special assessments. Director of Public Works Colbert explained that if this project were reduced in scope the assessments would be deleted from properties that would have abutted the new alignment. Marv Eggum stated that he was opposed to the construction of cul-de-sacs at either end of Blue Gentian Road, but if he had to choose he would support Option 1. He further stated that he would prefer Blue Gentian Road remain a gravel road. He said that all of the properties should be purchased and developed by the City using Tax Increment Financing. Roger Reiling, 1030 Blue Gentian Road, expressed concerns with Option 2, which would prohibit direct access to Highway 55, stating that response time would be increased in the event of an emergency, ice and snow conditions would prevent residents from reaching their homes and property values would be adversely affected. He added that he is in favor of leaving Blue Gentian Road as it is. Kate Hanson, 1000 Blue Gentian Road, stated that reducing the scope of the project only results in a temporary fix to the traffic flow problem and the additional expense incurred will not help to solve the entire problem. Mr. Nutzmann said that the City Council should consider the option supported by the majority of the residents. CounciImember Carlson noted that a wide array of opinions were expressed by the property owners in the area and suggested Blue Gentian Road be left in its current condition. Mayor Awada supported that position. Councilmember Bakken asked about the feasibility of blocking off the middle of Blue Gentian Road and constructing two cul-de-sacs at each end of the road. Director of Public Works Colbert stated that although this could be accomplished, it would require additional right-of-way acquisition and would result in additional cost. Councilmember Carlson expressed her concern with constructing a cul-de-sac at Highway 55. Mayor A wada offered a friendly amendment to her motion that the construction of a cul-de-sac not be addressed at this time and that Blue Gentian Road not be improved at this time. Councilmember Masin accepted the friendly amendment. EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 16, 1999 PAGE 6 00045 Mr. Miller asked about the future of the project. Director of Public Works Colbert explained that the scope of Project 745 was reduced and the extension of Blue Gentian Road would remain in the long term concept plan to be re-addressed at the time of future development. A vote was taken on the motion. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN IMPLEMENTATION AND PRELIMINARY PLANNED DEVELOPMENT AMENDMENT FOR EASTER LUTHERAN CHURCH City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. CounciImember Blomquist moved, Councilmember Bakken seconded a motion to implement a Comprehensive Guide Plan Amendment changing the existing Land Use Guide Plan designation of approximately 2.4 acres of land located north of Cliff Road between Lake Park Drive and Pilot Knob Road (within the SE 1/4 of Section 28) from D-I (0-3 units per acres) to PF, Public Facilities. Aye: 5 Nay: 0 CounciImember Bakken moved, Councilmember BIomquist seconded, a motion to approve a Preliminary Planned Development Amendment to incorporate an additional 2.4 acres of land located north of Cliff Road between Lake Park Drive and Pilot Knob Road (within the SE 1/4 of Section 28) into the Preliminary Planned Development approved in 1995 subject to the following conditions: 1. The applicant shall enter into a Preliminary Planned Development Agreement in accordance with Section 11.40 Subd. 6 of the City Code prior to the Final Planned Development/Final Plat application. 2. The church shall be constructed in accordance with one of the following phasing plan scenarios: Phase I - June 1999 II - June 2004 III - June 2009 Scenario #1 BId . Area B Bid . Area C BId . Areas A & D Scenario #2 Bid . Areas A & B Bid . Area C Bid . Area D Scenario #3 BId . Areas B & C Bid . Area D BId . Area A AREA * A B ACTIVITIES Fellowshi Hall, Youth Rooms, Kitchen, Lobb /Hallwa Family Life Center, Pre-school Area, Infant & Toddler Center / Classrooms, Receptionist, Administration, Lobb /Hallwa s, Locker/Showers, Mechanical Sanctuary, Library/Lounge, Meeting Rooms, Hallways, Sacris , Narthex/Gatherin /Hallwa s, Parkin Structure Learning Spaces, Meeting Rooms, Music Practice, Chapel, Choir Practice, Lobb Hallwa s BUILDING AREA 13,450 s . ft. 29,070 sq. ft. C 35,400 sq. ft. D 26,080 sq. ft. Total 104,000 s . ft. 3. The term of the Planned Development shall be 15 years from the date of City Council approval. 4. The entire site shall be platted prior to the initiation of phase I. 5. Prior to the issuance of building permits, the following plans shall be approved: Final Plat EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 16, 1999 PAGE 7 00046 Final Site Plan Final Lighting Plan Final Utility Plan Final Grading, Drainage & Erosion Control Plan Final Landscaping Plan Final Signage Plan Final Building Elevations Tree Preservation Plan 6. In an effort to reduce tree removal, staff and representatives of the applicant shall select at least twenty-seven (27) trees, from the tree removal inventory, for transplanting from construction areas to safe areas on site. This tree transplanting shall occur prior to grading and/ or construction activities. 7. If tree removal cannot be reduced to allowable limits (99 trees), via transplanting, the applicant shall install Category A, B, or C trees, in an amount determined by staff to fulfill tree removal in excess of allowable limits. 8. Tree Protective measures (i.e. 4 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. 9. The applicant shall contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. 10. A natural boulder retaining wall shall be provided to increase the interval of undisturbed buffer to at least 20 feet in this area. All disturbed areas associated with this and other encroachments (as well as around the pond features) shall be re-established with native perennial grasses that are left in an unmaintained condition. 11. As a condition of Final Planned Development approval, the applicant shall be subject to a cash contribution for trails. Aye: 5 Nay: 0 RELEASE OPTION - OUTLOT A, PINETREE FOREST (ROYAL OAKS REALTY) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Masin seconded a motion to accept public comment. Mike Black, representing Royal Oaks Realty, stated that it is highly unlikely that Outlot A would ever be used for the realignment of 120th Street. He said that the reservation of this outlot leaves some uncertainty for potential buyers and has affected sales of adjacent lots in the development. Mayor Awada said that she has not changed her earlier position on this matter to retain the option on Outlot A for possible realignment of 120th Street since there is no plan available at this time for a second access to Highway 3. EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 16, 1999 PAGE 8 00047 Director of Public Works Colbert noted that staff has received and commented on the draft of the City of Rosemount's Comprehensive Plan and added that Rosemount is in the final stages of submitting the document to Met Council for review. He further added that the City of Eagan is in the early stages of preparing its draft Comprehensive Plan and that the plan is expected to be completed within the next six months. He commented on the future development of this area and the installation of utilities and streets. He stated that the City of Eagan needs to work with the City of Rosemount to reach a level of detail beyond what can be addressed in the Comprehensive Guide Plan. He noted that in early discussions with Rosemount City staff, it appears that the Rosemount City Council may not be in support of urban development in this area. He stated that Eagan City staff would like to continue to work with Rosemount City staff to have this matter brought to the Rosemount City Council's attention to familiarize them with all the details to support 120th Street along its current alignment. Mayor Awada noted that if the City of Eagan is currently unable to work with the City of Rosemount to extend 120th Street along its current alignment, it may be necessary to construct the street via Outlot A. Councilmember Bakken moved to approve a release of an option to acquire Outlot A, Pine tree Forest, for right-of.way purposes. The motion failed for lack of a second and the release of the option to acquire Outlot A, Pinetree Forest, for right-of-way purposes was denied. Councilmember Masin asked if it was possible to designate a timeframe for the option on Outlot A. Mayor Awada stated that the option was for a five-year period and noted that approximately three years still remain on the option. She said she believes that the alignment of 120th Street will be determined prior to that time. Director of Public Works Colbert mentioned that Eagan City staff has been actively meeting with Rosemount City staff regarding this matter. Councilmember Masin moved, Councilmember Bakken seconded a motion to draft a letter to Rosemount Mayor Cathy Busho to request continued discussion between Eagan and Rosemount regarding the future alignment of 120lh Street and development in this area. Aye: 5 Nay: 0 NEW BUSINESS RESPONSE TO DAKOTA COUNTY HRA ON THE GROUP FOR AFFORDABLE HOUSING'S APPLICATION FOR TAX-EXEMPT BONDS TO FINANCE THE ACQUISITION OF VIEW POINTE APARTMENTS City Administrator Hedges provided an overview on this item. Councilmember Carlson moved, Mayor A wada seconded a motion to approve a response to the Dakota County HRA to the application submitted by the Group for Affordable Housing for the issuance of tax-exempt bonds to finance the acquisition of View Pointe Apartments. Robert Foster, President of the Group for Affordable Housing's Board of Directors, stated that they are required to allocate a sum of money for capital improvements to the apartment complex. He commented on the tenant mix and stated that it currently meets their requirements and is not expected to change. He added that participation in the Crime Free Multi-Family Housing Program will continue. A vote was taken on the motion. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 16, 1999 PAGE 9 00048 CONTRACT 98-24, APPROVE PLANS/ORDER AD FOR BIDS (BLUE WATER ROAD - STREET & UTILITY IMPROVEMENTS) CounciImember Bakken moved, Councilmember Carlson seconded a motion to approve plans for Contract 98-24 (Blue Water Road - Street and Utility Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, March 11, 1999. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION & VARIANCE - KEITH HITTNER (HITTNER ADDITION) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Masin seconded a motion to approve a Preliminary Subdivision to create five lots and one outlot, with a Variance to allow parcels without public street frontage, on 4.8 acres at the southeast corner of Pin Oak Drive and Nicols Road in the NE % of Section 31 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: B1, B4, C1, C2, D1 and E1 2. The property shall be platted. 3. Prior to final subdivision, the Developer should explore more fully the possibility of obtaining the land east of this site and west of Vienna Woods for inclusion in this subdivision. 4. The swimming pool shall be removed in accordance with the Development Agreement to be approved by the City with financial security granted to the City to be held until the swimming pool is removed simultaneously with any new construction. 5. The developer shall work with staff to optimize both wetland buffer and tree preservation. (This condition reflects modifications made following Council discussion.) 6. A cash water quality dedication is required in lieu of on-site ponding. The cash dedication required is based on the area and impervious characteristics of developed lots and is payable at the time of final subdivision. 7. The private drive shall be constructed with concrete curb and gutter to a minimum width of 20 feet (face-to-face of curb) as required by City Code. The drive shall also be constructed with a vehicle turnaround at its south end in accordance with City standards. 8. A homeowner's association shall be established for the ownership and maintenance of Outlot A, the private drive. Outlot A shall be designated as common area and with the recording of the plat, the Developer shall also record conveyance of Outlot A to the homeowner's association. 9. Ponding easement to three feet above the calculated high water level of the wetland shall be dedicated on the final plat for this development. 10. An Individual Lot Tree Preservation Plan will be required at the time of building permit application for each of Lots 1, 3, 4 and 5. EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 16,1999 PAGE 10 00049 11. Lots 1, 3, 4 and 5 are subject to a cash parks and trails dedication payable at the rates in effect at the time of final subdivision. Keith Hittner, 4700 Nicols Road, requested that the Council allow for deviation of the required 30-foot buffer around the wetlands which would allow additional trees to be saved. Senior Planner Ridley noted that the 30-foot buffer is not an ordinance requirement but rather is a recommendation that the water quality staff makes when there is a wetland on a piece of developable property and he further noted that the APrC has also recommended the 30-foot buffer be retained. Mr. Hittner showed a drawing prepared by Hedlund Engineering depicting how moving the private road to accommodate the wetlands will impact the trees. Senior Planner Ridley commented that a choice needs to be made between the competing interests, i.e. trees and wetlands. Mr. Hittner stated that a compromise could be reached to attempt to accommodate both interests to some extent. Mr. Hittner questioned the assessments to the property and stated that because of the grade issue and staffs recommendation, access will be taken off Pin Oak Drive instead of Nicols Road. Director of Public Works Colbert stated that it would no longer be appropriate to assess the lot from Nicols Road since the developer is constructing his own parallel lateral system. Mr. Hittner stated that there is also a storm sewer trunk assessment which was calculated based on square footage and asked if this would be reduced if he granted an easement to the City for the pond. Director of Public Works Colbert stated the square footage would be deducted at the time of the final plat. Councilmember Carlson said that she was in support of allowing the private road to meander through the trees in order to avoid removing them and to attempt to save the wetlands. Senior Planner Ridley stated that staff would work with the engineer on the details in order to save as many trees as possible and limit the wetland buffer impact. Councilmember Bakken added that priority should be given to preserving the wetlands over saving additional trees since trees can be replanted. Mayor Awada made a friendly amendment to the motion stating that modification of Condition 5 should be left to staff's discretion. Councilmember Carlson accepted the friendly amendment. Condition No.5 was amended as follows: 5. The developer shall work with staff to optimize both wetland buffer and tree preserv a tion. A vote was taken on the motion. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION - AMOCO OIL COMPANY (AMOCO SECOND ADDITION) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. CounciImember Carlson moved, Councilmember Bakken seconded a motion to approve a Preliminary Subdivision (Amoco 2nd Addition) consisting of two lots on 9 acres currently platted as Lots 14-18, Block 5, Eagandale Center Industrial Park No.3, located in the NW % of Section 11 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: EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 16, 1999 PAGE 11 00050 B1, B2, B3, B4, C1, C2, C4, D1, E1, F1 and G1 2. The property shall be platted. 3. Development on Lot 2 shall meet its water quality mitigation requirements through on- site ponding. Ponds should be constructed to meet the City of Eagan Detention Basin Design Standards with surface area and wet volume of at least .37 acres and 1.0 acre-feet, respectively. Skimmers of suitable design to the City shall be installed on the outlet of all detention basins and the discharge pipes from the detention basins should be extended to the NWL of Pond EP-7. 4. An undisturbed and unmaintained buffer extending at least 30 feet back from the delineated boundary of any wetlands shall be preserved. The low area in the southwestern portion of the site should be evaluated for possible wetlands. No filling or draining of any wetlands is allowed. 5. Future development on Lot 2 will be subject to the requirements of the Eagan Tree Preservation Ordinance (City Code Section 11.10, Subd. 15.1). A tree inventory and tree preservation plan shall be submitted with an application for a building permit on Lot 2. 6. Cash dedication for parks and trails is required on 4.9 acres. Aye: 5 Nay: 0 ROUND TABLE Director of Public Works Colbert stated that he received an estimate, not to exceed $25,000, to complete the corridor study for Wescott Road and Lexington Avenue and asked if the Council would like to review or have staff review and evaluate the scope of services and authorize a consultant to begin work. The Council consensus was for staff review only. CounciImember Carlson moved, Councilmember Bakken seconded a motion to approve the scope of services to be performed by SRF Consultants Inc. for the Wescott Road and Lexington Avenue corridor studies at a cost not to exceed $25,000. Aye: 5 Nay: 0 City Attorney Sheldon noted that the purpose of the Executive Session was to discuss existing and pending litigation involving the Cliff Road Water Treatment Plant. City Administrator Hedges mentioned that the Eagan Fire Department was celebrating its 35th anniversary and added that the annual banquet would be held Saturday evening. He recommended the Council consider approving a resolution in honor of the 35th anniversary. CounciImember Masin moved, Councilmember Bakken seconded a motion to approve a special resolution to acknowledge the volunteer firefighters for 35 years of dedicated service. Aye: 5 Nay: 0 99-10 Mayor Awada mentioned that she would be unable to attend the Dakota County Board of Commissioners invitation to a Sesquicentennial event on March 3 honoring families who are descendents of the County settlers. Councilmembers indicated they had received invitations to this event also. She asked if there was support from the Council to schedule discussion regarding the progress and potential ability for the redevelopment of the residential area on Blue Gentian Road for a future work session agenda. CounciImembers were in support. She noted that she would be giving the State of the City Address on Thursday. EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 16, 1999 PAGE 12 00051 Councilmember Blomquist said that since she has received many calls from constituents regarding the City's policy pertaining to road repair, she would like to propose the Finance Committee meet with City Administrator Hedges and Finance Director VanOverbeke to discuss ideas that have been proposed for funding these repairs. Mayor A wada stated that the committee could meet for purposes of information gathering and not for purposes of directing staff to figure out where to carve out a million dollars out of the budget. Councilmember Blomquist reassured Mayor Awada that was not the intent of the meeting. ADJOURNMENT The meeting adjourned at 8:50 p.m. to an Executive Session to consider existing and pending litigation involving the Cliff Road Water Treatment Plant. Present were Mayor Awada and Councilmembers Masin, Blomquist, Carlson and Bakken, City Administrator Tom Hedges, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. February 16, 1999 Date ~ a~MLK . ~ I . ..~ City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance.