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04/06/1999 - City Council Regular O"C\8tt- \J' 11:) MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota April 6, 1999 A regular meeting of the Eagan City Council was held on Tuesday, April 6, 1999 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 Jim Sheldon. Mayor Awada asked for a moment of silence to acknowledge the death of Eagan's second mayor Leo Murphy. AGENDA City Administrator Hedges noted that a continuance had been requested by the applicant for Item D of New Business, Interim Use Permit - Wayzata Bay Center. Councilmember Bakken moved, Councilmember Masin seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OF THE MARCH 16, 1999 REGULAR MEETING Councilmember Blomquist moved, Councilmember Bakken seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 MINUTES OF THE MARCH 16, 1999 SPECIAL MEETING Councilmember Blomquist requested that the second sentence of the second paragraph on page three be revised as follows, "The area included more than the Cedaruale area within the boundaries of the possible location for the station." She also requested that the three references to Rahn Road in the third paragraph on page three be changed to Silver Bell Road. Councilmember Blomquist moved, Councilmember Bakken seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 MINUTES OF THE FEBRUARY 9, 1999 SPECIAL MEETING Councilmember Blomquist moved, Councilmember Carlson seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 DEPARTMENT HEAD BUSINESS Councilmember Masin moved, Councilmember Blomquist seconded a motion to acknowledge former mayor Leo Murphy, who passed away last week, on cable channel 16. Aye: 5 Nay: 0 Councilmember Masin commended the staff who participated in the presentation that was recently provided to realtors. Mayor Awada thanked Councilmember Masin for serving as acting mayor in her absence. CONSENT AGENDA Mayor A wada requested Item E be separated. Councilmember Blomquist requested Items Hand o be separated. City Administrator Hedges stated that Items I and S should also be separated. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 6, 1999 PAGE 2 ~H' 081::. Councilmember Bakken moved, Councilmember Masin seconded a motion to separate Items E, H, I, 0 and S and approve the Consent Agenda. Aye: 5 Nay: 0 A. Personnel Items Item 1. It was recommended to approve the hiring of Antony Wrobel as a dispatcher in the Eagan Police Department. Item 2. It was recommended to approve the hiring of Randy Ragner as a seasonal recreation program assistant. Item 3. It was recommended to approve the hiring of Andrew Koppang as a seasonal ballfield attendant. Item 4. It was recommended to approve the hiring of Travis Kolinski, Megan Lynch and Ryan Rausch as seasonal park maintenance workers. Item 5. It was recommended to approve the hiring of Mary Jean Kresky as a seasonal recreation leader. Item 6. It was recommended to accept the letter of resignation (retirement) from Deanna Kivi, assessment clerk. Item 7. It was recommended to accept the letters of resignation from Neil Anderson and Renee Koski, Community Service Officers. B. Request for public hearing, certification of delinquent utilities - May 4,1999. It was recommended to schedule a public hearing for Tuesday, May 4,1999 to consider certification of delinquent utilities to the property tax rolls. C. Request for public hearing, delinquent weed and false alarm bills - May 4, 1999. It was recommended to schedule a public hearing for May 4,1999 to consider certification of the delinquent weed and false alarm bills to Dakota County for collection with property taxes. D. Resolution calling outstanding General Obligation Water Revenue Bonds of 1983 for redemption. It 99-14 was recommended to approve a resolution calling outstanding General Obligation Water Revenue Bonds of 1983 for redemption. E. Resolution appointing Y2k Coordinator. This item was pulled from the Consent Agenda. 99-15 F. On-sale wine application, Parkview Golf Club, LLC. It was recommended to approve an on-sale wine license for Parkview Golf Club, LLC located at 1310 Cliff Road. G. Application, MnReleaf Forest Health Grant. It was recommended to authorize the submission of an application for a 1999 Minnesota Releaf Community Forest Health Program Grant from the Minnesota Department of Natural Resources. H. Contract 99-01, receive bids/ award contract (Johnny Cake Ridge Road, Thomas Lake Road, Woodgate 3rd/Tiberon/Mallard Park 3rd - Street Overlay). This item was pulled from the Consent Agenda. I. Contract 99-05, receive bids/ award contract (Johnny Cake Ridge Road Extension - Street & Utility Improvements). This item was pulled from the Consent Agenda. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 6, 1999 PAGE 3 :)V 087 J. Contract 99-08, authorize plans and specs (Denmark Avenue Extension - Street & Utility Improvements). It was recommended to authorize the preparation of detailed plans and specifications for Contract 99-08 (Denmark Avenue Extension - Street and Utility Improvements). K. Contract 99-09, authorize plans and specs (Advent United Methodist Church - Sanitary Sewer Extension). It was recommended to authorize the preparation of preliminary plans and specifications for Contract 99-09 (Advent United Methodist Church - Sanitary Sewer Extension). L. Contract 99-03, approve plans/ order ad for bids (Yankee Doodle Reservoir - Refurbish & Repaint). It was recommended to approve the plans for Contract 99-03 (Yankee Doodle Reservoir - Refurbish & Repaint) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, May 6, 1999. M. Project 765, receive feasibility report/ order public hearing (Robin Lane - Sidewalk Improvements). It was recommended to receive the draft feasibility report for Project 765 (Robin Lane - Sidewalk Improvements) and schedule a public hearing to be held on May 4, 1999. N. Contract 99-06, approve plans/ order ad for bids (Duckwood Estates & Trail- Street Improvements). It was recommended to approve the plans for Contract 99-06 (Duckwood Estates and Duckwood Trail- Street Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, Apri129, 1999. O. Project 663, receive final assessment roll/ order public hearing (Valley View Plateau - Street & Utility Improvements). This item was pulled from the Consent Agenda. P. Final Subdivision - D.R. Horton Company for Gardenwood Ponds Fourth. It was recommended to 99-16 approve the Final Subdivision (Gardenwood Ponds Fourth) consisting of 27 lots located north of Northview Park Road and east of North Ridge Drive in the NE % of Section 23. Q. Final Planned Development - DRF Construction Services, Inc. for Lot 3, Block 1, Galaxie Cliff Plaza Third Addition. It was recommended to approve the Final Planned Development for a 4,756 square foot office building to be located south of Cliff Road between I-35E and Plaza Drive in the NW % of Section 32. R. Approval and implementation - Comprehensive Guide Plan Amendment - Springbrook Corporation, changing the land use of approximately 10 acres from PF to D-l, a rezoning from P to R-l, and a Preliminary Subdivision (Southern Lakes West) to create 15 lots. It was recommended to implement a Comprehensive Guide Plan Amendment changing the existing Land Use Guide Plan designation of a 10 acre parcel of land located east of T.H. 3 between Diffley Road and Cliff Lake Road from PF, Public Facilities to R-l, Single Family Residential in the southeast 1/4 of Section 25 and to approve a Rezoning of approximately 10 acres from P, Public Facilities to R-l, Residential Single Family in the southeast 1/4 of Section 25 and to approve a Preliminary Subdivision entitled "Southern Lakes West" located in the southeast % of Section 25, subject to the conditions listed in the February 23, 1998 APC meeting minutes. S. 1999 Community Services Open House budget. This item was pulled from the Consent Agenda. T. Request to draft ordinance amendment to Chapter 6 regarding solid waste and recycling transfer stations. It was recommended to authorize the City Attorney to prepare an ordinance amendment to Chapter 6 regarding solid waste and recycling transfer stations. U. Final Plat, (Saeger Addition) Brian Saeger. It was recommended to approve a Final Plat (Saeger 99 -1 7 Addition) of a 1.6 acre parcel of land located north of the Union Pacific rail line between T.H. 77 and Nicols Road in the SW % of Section 18. 00088 EAGAN CITY COUNCIL MEETING MINUTES; APRIL 6,1999 PAGE 4 V. Tree Contractor license. Northern Landscape, 5201 W. 106 St., Bloomington. It was recommended to approve a tree contractor license for Northern Landscape located at 5201 W. 106 St., Bloomington, as presented. Mayor Awada acknowledged the five items that were separated from the consent agenda. In regard to Item E, Resolution, appointing Y2k Coordinator, Mayor Awada noted that Finance Director/City Clerk VanOverbeke will be the City's Y2k Coordinator and also noted that Councilmembers Bakken and Carlson were appointed as representatives to the Y2k Committee. Mayor Awada moved, Councilmember Bakken seconded a motion to approve a resolution appointing Finance Director/City Clerk VanOverbeke as the City's Y2k Coordinator. Aye: 5 Nay: 0 Councilmember Masin said that she heard Congressman Bill Luther on the radio talking about a Y2k session that he recently held and she inquired if staff had attended. City Administrator Hedges indicated that a staff member from the City was present. In regard to Item H, Contract 99-01, receive bids/ award contract (Johnny Cake Ridge Road, Thomas Lake Road, Woodgate 3rd/Tiberon/Mallard Park 3rd - Street Overlay), Councilmember Blomquist indicated she would be voting against this item. Councilmember Bakken moved, Councilmember Carlson seconded a motion to receive the bids for Contract 99-01 Gohnny Cake Ridge Road, Thomas Lake Road, Woodgate 3rd/Tiberon/Mallard Park 3rd - Street Overlay), award the contract to Bituminous Roadways, Inc., for the Base Bid in the amount of $358,238.00, and authorize the Mayor and City Clerk to execute all related documents. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) In regard to Item I, Contract 99-05, receive bids/ award contract (Johnny Cake Ridge Road Extension - Street & Utility Improvements), Mayor Awada moved, Councilmember Bakken seconded a motion to receive the bids for Contract 99-05 Gohnny Cake Ridge Road Extension - Street and Utility Improvements), award the contract to Ryan Contracting, Inc., for the Base Bid in the amount of $1,066,695.39, and authorize the Mayor and City Clerk to execute all related documents. Director of Public Works Colbert stated that this item should be continued to the April 20, 1999 City Council meeting. Mayor A wada rescinded her previous motion. Mayor A wada moved, Councilmember Bakken seconded a motion continue Contract 99-05 Gohnny Cake Ridge Road Extension - Street and Utility Improvements) to the April 20, 1999 City Council meeting. Aye: 5 Nay: 0 In regard to Item 0, Proiect 663, receive final assessment roll/ order public hearing (Valley View Plateau - Street & Utility Improvements), Councilmember Blomquist indicated she would be voting against this item. Councilmember Bakken moved, Councilmember Carlson seconded a motion to receive the Final Assessment Roll for Project 663 (Valley View Plateau - Street and Utility Improvements) and schedule a public hearing to be held on May 4, 1999. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) In regard to Item S, 1999 Community Services Open House budget, City Administrator Hedges requested the budget amount be increased by $400 and explained the need for the additional funds. a0089 EAGAN CITY COUNCIL MEETING MINUTES; APRIL 6, 1999 PAGES Councilmember Carlson moved, Councilmember Masin seconded a motion to approve the 1999 Community Services Open House budget request as amended. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA SPECIAL CITY COUNCIL RETREAT/GOAL SETTING City Administrator Hedges provided an overview on this item. Councilmember Blomquist indicated that the History Committee meeting and the Cedar Avenue/Highway 13 Task Force meeting on April 13 conflict with the Special City Council meeting. Councilmember Carlson suggested changing the meeting time of the Special City Council meeting from 4:30 p.m. to 5:30 p.m. Councilmember Bakken moved, Councilmember Masin seconded a motion to schedule a City Council goal setting retreat for April 13, 1999 at 5:30 p.m. Aye: 5 Nay: 0 CEDAR AVENUE AND HIGHWAY 13 TASK FORCE City Administrator Hedges provided an overview on this item and stated that Councilmember Carlson had suggested that consideration be given to the appointment of an alternate to represent the residents and an alternate to represent the business appointees on the Cedar Avenue and Highway 13 Task Force. Councilmember Blomquist questioned the rationale for appointing an alternate to each of these groups. Councilmember Carlson stated that, given the six-month duration of the task force, the alternate would be able to serve as a backup at meetings when an appointed member is unable to attend. Councilmember Blomquist said that the appointments of alternates should have been addressed with the chair and vice chair of the task force. Councilmember Masin moved, Councilmember Bakken seconded a motion to appoint an alternate to the resident group and to direct the business group to appoint an alternate. Aye: 5 Nay: 0 By ballot, Lesley Chester was appointed as the resident alternate. COMMERCIAL FERTILIZER APPLICATOR LlCENSF/NEW FRONTIER LAWN SERVICE City Administrator Hedges provided an overview on this item. Mayor Awada moved, Councilmember Carlson seconded a motion to approve a commercial fertilizer applicator license for New Frontier Lawn Service as presented. Aye: 5 Nay: 0 LEGISLATIVF/lNTERGOVERNMENT AL AFFAIRS City Administrator Hedges mentioned that the LMC has designated Rochester as the "Community of Promise" pilot site. He added that the League intends to make this a model program which can be transferable to other Minnesota cities. He provided a brief update on pending legislation. Councilmember Blomquist stated that, according to the Clerk's Office of the House of Representatives, not much legislation is being approved this session. Councilmember Masin stated that a bill has been proposed to repeal the transit zone and she requested the public encourage their legislators not to support the repeal. She noted that representatives from the MVT A will be meeting with the chair of the Metropolitan Council on Monday. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 6, 1999 PAGE 6 ne090 City Administrator Hedges said that he had been contacted by the Inver Grove Heights City Administrator who is proposing the City Councils of Inver Grove Heights and Eagan meet to discuss common boundary issues. Councilmember Masin moved, Councilmember Carlson seconded a motion to schedule a joint meeting with the Inver Grove Heights City Council on April 26, 1999 at 5:30 p.m. Aye: 5 Nay: 0 PUBLIC HEARINGS PROJECT 758, SURREY HEIGHTS DR. (STREET OVERLAY) City Administrator Hedges provided an overview on this item. Development/Design Engineer Gorder discussed the project details. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve Project 758 (Surrey Heights Drive - Street Overlay) and authorize the preparation of detailed plans and specifications. 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. A vote 'was taken on the motion. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) PROJECT 749, EAST HIGHWAY 55 SOUTH FRONT AGE ROAD, (STREET RECONSTRUCTION) City Administrator Hedges provided an overview on this item. City Engineer Russ Matthys discussed the project details. Mayor Awada inquired about the cul-de-sac option that was discussed at the April 2 neighborhood meeting. City Engineer Matthys indicated that cul-de-sac options were discussed at this meeting, but noted that the major concern expressed by residents was the impact of the proposed townhouse development. He further noted that Option 1 would limit access to Highway 55 from the townhouse development to a right in/right out only. He added that there are also safety concerns with regard to Option 3 which would allow both right and left turns onto T.H. 149. He said that staff was concerned about the potential loss of funding from MnDOT based on the need to incorporate access management improvements. He further said that MnDOT expressed concern about the elimination of the frontage road access to the townhouse development. He stated that MnDOT may reconsider funding assistance if there are negative impacts to Highway 55. Director of Public Works Colbert noted that MnDOT wanted to reevaluate Option 1 due to safety concerns created by limited sight visibility. He said that MnDOTs response to that study has not been received yet. Mayor A wada opened the public hearing to anyone wishing to speak. Rob Tapp, 3325 Highway 55, said that his main concern is with the proposed townhouse development and the impact the increased traffic will have on the frontage road. He further said he is concerned about the safety of kids accessing the bus stop and the convenience store in the area. He stated that, according to the City Code, taxpayers should only be responsible for the overlay costs and not for the widening of the road. He added that Option 2 meets both the City's and MnDOT s goals. He questioned why properties on Joyce Court are not included in the cost sharing of this project. City Engineer Matthys stated that only property adjacent to the proposed improvements are assessed. Mayor Awada asked Mr. Tapp his preference for access to Highway 55 from the townhouse development. Mr. Tapp said access through the Schaaf property may be possible or he suggested they 00091 EAGAN CITY COUNCIL MEETING MINUTES; APRIL 6,1999 PAGE 7 could negotiate with the property owner to the south of the development. He also suggested that a traffic signal be installed at Chapel Lane and T.H. 149. Don Chapdelaine, 575 Chapel Lane, stated that extreme caution needs to be used in determining the safest access to Highway 55. He said he preferred Option 1 because it provides a safe access, but added that this access is contingent upon the results of MnDOT's study regarding sight lines. Chuck Ahlberg, 565 Chapel Lane, said that safety is paramount. He further said that it is his understanding that the Schaafs are not interested in developing their private road and added that this option would also require additional property to the east. He stated that the east access is poor and that the west access is the best option. Sharon Manninum, 624 Sally Circle, expressed her concern with safety of children accessing the bus stop. She also expressed concern with the traffic impacts to Bur Oak Park and added that the residents in this area do not have access to the trail system. Lynn Larson, 3225 Random Road, stated that Option 3 will cause congestion problems since cars and semi-trucks will have to turn around in the Amoco parking lot. Ms. Manninum noted that Amoco is not going to be the only service station in this area and said that Kwik Trip and Holiday will provide some relief to the congestion problem. Dwight Larson, 3225 Random Road, said that the optimum access is just west of Random Road. He added that most of the traffic travels west on Highway 55. He added that the access between the frontage road and Highway 55, as well as Highway 55, is poorly plowed in the winter and requested the City do its best to address this issue with MnDOT. There being no one else wishing to speak, Mayor Awada closed the public hearing and turned the discussion back to the Council. Mayor Awada suggested that, since MnDOT's study regarding sight lines at the easterly access has not been completed, it would be best to continue this item for 30 days. Mayor Awada moved, Councilmember Carlson seconded a motion to continue Project 749 (East Highway 55 South Frontage Road - Street Reconstruction) to the May 4,1999 City Council meeting. Councilmember Carlson requested clarification on the benefit of closing the access point west of Random Road. Director of Public Works Colbert stated that this access point does not meet MnDOT's spacing guidelines and added that there is not enough right-of-way for a full standard access. He said that, given the potential impacts, the property owners to the north should be noticed regarding the May 4 City Council meeting. A vote was taken on the motion. Aye: 5 Nay: 0 PROJECT 764, SELMARK, HARVEY, BURRVIEW ACRES, (STREET RECONSTRUCTION) City Administrator Hedges provided an overview on this item. Mark Hanson, Bonestroo, Rosene, Anderlik & Associates, Inc., discussed the project details. Councilmember Masin moved to continue the project. Director of Public Works Colbert noted that it was not necessary to continue this project due to the continuance of Project 749 and said that this project could be combined with another project for economies of scale. Councilmember Masin withdrew her previous motion. 00092 EAGAN CITY COUNCIL MEETING MINUTES; APRIL 6, 1999 PAGE 8 Councilmember Masin moved, Councilmember Bakken seconded a motion to approve Project 764 (Selmark Addition, Harvey Addition, Burrview Acres - Street Improvements) and authorize the preparation of detailed final plans and specifications. Mayor A wad a opened the public hearing to anyone wishing to speak. Dwight Larson, 3225 Random Road, said that the street should be reconstructed after the construction of the proposed Windsor Estates development in order to prevent damage to the new street. He questioned why repairs were made to Random Road between Rita Court and Sally Circle last fall. Director of Public Works Colbert stated that structural repairs are performed the year prior to the reconstruction project in order to accommodate the overlay. Mr. Hanson noted that only an overlay will be done in this area this year. Steve Tietjen, 555 Chapel Lane, said the road between Lots 5 and 6 is too narrow and he requested it be widened to City standards. Mr. Hanson said that this request was raised at the neighborhood meeting, in addition to a request to eliminate the curve. He added that they will attempt to accommodate these requests. Director of Public Works Colbert noted that doing so may result in additional tree loss. Chuck .Ahlberg, 565 Chapel Lane, stated that, if the Heritage Development (Cherrywood Knoll) is approved, he would prefer the development be constructed prior to the reconstruction of Chapel Lane. He expressed concern with lack of access to Highway 55 if Projects 764 and 749 are constructed at the same time. Sharon Manninum, 624 Sally Circle, stated that many of the residents agree that changes are necessary in this area and are willing to continue meeting with the City Council, staff and MnDOT. She suggested the project be delayed in order to work on some solutions. There being no one else wishing to speak, Mayor Awada closed the public hearing and turned the discussion back to the Council. Councilmember Carlson agreed that timing is important and that this project should not move forward until decisions have been made regarding proposed development in the area. Councilmember Blomquist said she was in favor of delaying the project until additional meetings have been held and further studies completed. Mayor Awada suggested the City Council approve ,the project now and proceed at the appropriate time when development plans have been determined. Councilmember Blomquist requested additional information on this project. A vote was taken on the motion. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) OLD BUSINESS REVIEW WINTER TRAIL MAINTENANCE PLANjPOLICY City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Councilmember Masin referred to Request No.6 to delete the east side of trailway located on Pilot Knob Road from Wescott Road 418 feet north in an effort to alleviate the concerns about snow and sand being placed on private property. Director of Public Works Colbert stated that every attempt is made to minimize negative impacts of service delivery. He explained the difficulty in communicating special requests for certain areas of 00093 EAGAN CITY COUNCIL MEETING MINUTES; APRIL 6, 1999 PAGE 9 trails given the private nature of the snow plowing service. He added that staff would be willing to work with the property owners to mitigate their concerns. Councilmember Carlson moved, Councilmember Bakken seconded a motion to review and modify the current Winter Trail Maintenance Plan/Policy with the modifications noted below: Deny Request No.1 to add sidewalk located on the north side of Duckwood Drive between Lexington Avenue and Falcon Way. Deny Request No.2 to add the north side of trailway located on Yankee Doodle Road between Pilot Knob Road and Coachman Road. Approve Request No.3 to change to plowing the north side of trailway located on Yankee Doodle Road between Coachman Road and Heritage Lane/Blue Cross Road. Approve Request No.4 to add east side of trailway located on Dodd Road between Hay Lake Road North and Cliff Road. Deny Request No.5 to add trailway located on the north side of Cliff Road from Thomas Lake Road to Lake Park Drive. Approve Request No.6 to delete the east side of trailway located on Pilot Knob Road from Wescott to Duckwood and switch to the west side Councilmember Blomquist expressed her concern with Request No.6 and said she would prefer that the concer:(lS be mitigated as opposed to plowing the west side of the trail instead of the east site. She said that access to the Promenade could be provided if the full length of Yankee Doodle Road is plowed on the north side. Mayor Awada supported Councilmember Carlson's motion. Councilmember Carlson stated that the Council needs to be conservative with regard to costs associated with plowing additional trailways. Director of Public Works Colbert stated that potentially affected property owners have not been noticed in regard to Request No.6, to switch plowing from the east side to the west. Mayor Awada said that the plowing of trailways was implemented last year as a preliminary program and was subject to change. Councilmember Bakken added that any responses to the proposed changes can be addressed during the next review period. The vice president of the Lexington Place Condominium Association stated that the residents of the condominiums followed the correct procedure by submitting a petition for Request No.1 and explained the rationale for plowing this segment of trailway. Councilmember Carlson stated that she appreciated the fact that the homeowners followed the correct guidelines, but added that plowing private neighborhoods is not the intent of the program. Councilmember Masin supported Request No.1 by the homeowners association and said it was not an extraordinary request and said that this area could be considered part of the Town Centre area. Councilmember Blomquist concurred. Councilmember Bakken inquired about the cost to the homeowners association to have this segment plowed privately. The vice president of the association indicated that they recently switched contractors and have not received a cost estimate from their new contractor yet. Mayor Awada noted that last year was the first year of this program and stated that the Council was concerned about cost and fairness. She added that a decision was made to plow only one side of collector roads. She further added that there are many areas similar to the Lexington Place Condominiums and said that if the Council agrees to other such requests the cost of the program will increase substantially. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 6,1999 PAGE 10 HU094 Councilmember Bakken questioned if it would be feasible for the City's private contractor to plow some of these areas, which may result in lower plowing costs for the residents. Councilmember Carlson stated that the City should not be involved in the management of plowing services in these areas. Councilmember Masin indicated she would be voting against the motion because she was supportive of Request No.1. A vote was taken on the motion. Aye: 3 Nay: 1 (Councilmember Masin opposed and Councilmember Blomquist abstained) RECONSIDER ACTION FOR HERITAGE DEVELOPMERNT (CHERRYWOOD KNOLL) No action was taken on this item. CONFIRMATION OF FINDINGS OF FACT, CONCLUSIONS & RESOLUTION OF DENIAL - HERITAGE DEVELOPMENT (CHERRYWOOD KNOLL) 99-18 City Administrator Hedges provided an overview on this item. Mayor A wada moved, Councilmember Carlson seconded a motion to approve the Findings of Fact, Conclusions and Resolution of Denial of the Cherrywood Knoll Preliminary Subdivision and Planned Development located at the east end of Chapel Lane in the NE % of Section 12. Mayor Awada stated that she was supportive of zero lot lines when there are no negative impacts. She added that the proposed houses in the Cherrywood development were proposed too close to the existing houses. Councilmember Carlson said that this property is Agricultural which has an R-l zoning classification. She added that zero lot lines are more acceptable in situations involving downzoning. Councilmember Masin noted that the reason the applicant proposed the original small lot development plan was to save trees and further noted that a standard single-family development plan will result in more tree loss. A vote was taken on the motion. Aye: 5 Nay: 0 NEW BUSINESS CONTRACT 99-02, MEADOWLAND, RIDGE VIEW, SURREY HEIGHTS - STREET OVERLAY City Administrator Hedges provided an overview on this item. Mayor Awada moved, Councilmember Bakken seconded a motion to approve the plans for Contract 99-02 (Meadowland Addition, Ridge View Acres, Surrey Heights Drive - Street Overlay) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, April 15, 1999. Aye: 5 Nay: 0 INTERIM USE PERMIT - SMC COMPOST SERVICES 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 approve an Interim Use Permit to allow expansion of the existing yard waste and compost facility onto Outlot G, Gopher 00095 EAGAN CITY COUNCIL MEETING MINUTES; APRIL 6, 1999 PAGE 11 Eagan Industrial Park 2nd Addition, located in the SW 1/4 of Section 12, north of Yankee Doodle Road at Elrene Road, subject to the following conditions: 1. The Interim Use Permit shall be recorded within 60 days of its approval by the City Council. 2. This permit shall expire June 3, 2000, concurrent with the other interim use permits for this compost facility. 3. This Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The Interim Use Permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. The expansion shall comply with the plans dated February 16, 1999. 5. A ponding area shall be constructed to contain runoff from the expansion on Outlot G. The design of these ponding areas is subject to review and approval of City Water Resources staff. 6. A grading/excavation permit is required for the grading of the site. Councilmember Carlson commented on the odor and the land use compatibility of the site. The manager of SCM Compost Services indicated that each year he checks with the City and has not received any complaints about the odor. A vote was taken on the motion. Aye: 5 Nay: 0 INTERIM USE PERMIT - WAYZATA BAY CENTER COMPANY (ISD 191) 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 approve an Interim Use Permit (IUP) to allow a 6,000 square foot expansion to the existing 10,000 square feet of classroom space within the Cedarvale Shopping Center located at 3914 Sibley Memorial Hwy. in the NE % of Section 19 subject to the following conditions: 1. The Interim Use Permit shall be recorded within 60 days of its approval by the City Council. 2. The permit shall terminate on June 1, 2003. (The termination date of June 1, 2008 was changed to reflect an amendment by Mayor Awada as noted in the discussion that follows.) 3. School operations shall be limited to 8:00 a.m. - 4:00 p.m. 4. The number of students in grades 7 through 12 shall be limited to 50 with the total number of students in grades K through 12 not to exceed 90. (A limit to the number of students in grades 7 through 12 was added to reflect an amendment by Councilmember Carlson as noted in the discussion that follows.) EAGAN CITY COUNCIL MEETING MINUTES; APRIL 6, 1999 PAGE 12 00096 5. All students shall be bussed to and from the site. 6. No school or recreational activities shall be allowed on-site outside of the Cedarvale building. 7. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The Interim Use Permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 8. Thc cxi5ting Intcrim Usc Pcrmit shall bc tcrminated. (This condition was deleted to reflect an amendment by Councilmember Carlson as noted in the discussion that follows.) Mayor Awada stated that she was going to vote against this item because she does not support any development in this area until the Cedar Avenue/Highway 13 Study has been completed. Councilmember Carlson concurred with Mayor Awada and commented that Interim Use Permits can be terminated either at a specific date or due to a specific event and questioned whether it made sense to tie this to an.event that may be related to an outcome of the redevelopment study. She asked how an event to terminate would affect a private lease. City Attorney Sheldon responded that the City is not party to any private lease arrangement and that an Interim Use Permit is granted to the property owner and affects the land use of the property. Mayor Awada further explained that she was concerned that, should the redevelopment study determine that acquisition of the Cedarvale property is necessary, the extended lease would add value to the property resulting in higher acquisition costs to taxpayers. Councilmember Carlson offered a friendly amendment to delete Condition No.8 and to change Condition No.4 to limit the number of students in grades 7 through 12 to 50. Councilmember Bakken accepted the friendly amendment which resulted in Councilmember Carlson becoming the seconder to the original motion. Mayor Awada offered a friendly amendment to limit the term of the IUP to five years which would terminate June 1, 2003. Councilmember Bakken accepted the friendly amendment which resulted in Mayor Awada becoming the seconder to the original motion. Gregg Larson, representing Wayzata Bay Center, stated that the shortened term of the IUP will result in undue financial hardship for the property owner and ISD 191. Councilmember Masin commented that there needs to be a place to teach kids who require a special needs program such as this. Sue Grissom, representing ISO 191, questioned the motion on the floor. Mayor Awada stated that the original motion to approve the IUP was necessary to get the motion on the floor for discussion purposes and said that the motion had been modified to reduce the term limit, to limit the number of 7th through 12th grade students to 50 and to separate the current IUP request from the existing permit. A vote was taken on the motion. Aye: 3 Nay: 2 (Councilmembers Masin and Blomquist opposed) EAGAN CITY COUNCIL MEETING MINUTES; APRIL 6, 1999 PAGE 13 00097 INTERIM USE PERMIT - WAYZATE BAY CENTER COMPANY (DAKOTA COUNTY TECHNICAL COLLEGE) Councilmember Bakken moved to continue this item. City Attorney Sheldon stated that there are time requirements that have to be met and indicated it may be more appropriate to deny the application. Senior Planner Ridley said that the item should be continued to a date specific. Councilmember Blomquist questioned if the Council denied the application would the applicant be required to reapply, thus resulting in additional fees. Senior Planner Ridley indicated that the applicant would be required to reapply if the request is denied. Councilmember Masin moved, Councilmember Blomquist seconded a motion to continue, at the applicant's request, the Interim Use Permit (IUP) to allow 6,100 square feet of the existing Cedarvale Shopping Center (located at 3914 Sibley Memorial Hwy. in the NE 1/4 of Section 19) to be converted into classroom space for the Dakota County Technical College customizing training department to the May 4, 1999 City Council meeting. Councilmember Carlson stated that she would have preferred to consider this application following completion of the Cedar Avenue and Highway 13 Study. Mayor Awada said that she was opposed to further development in this area at this time and would rather deny the application than continue it. A vote was taken on the motion. Aye: 4 Nay: 1 (Mayor Awada opposed) CONDITIONAL USE PERMIT - CORPORATE SITE CONSULTANTS City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a Conditional Use Permit to allow the outside storage of semi-tractor trailers upon a 10 acre site located south of Stark's Restaurant between T.H. 149 and the Canadian Pacific rail line in the northwest 1/4 of Section 12 subject to the following conditions: 1. The subject property shall be platted prior to building permit issuance. 2. The Conditional Use Permit shall be recorded within 60 days of its approval by the City Council. 3. The landscape plan shall be revised to provide plantings around the perimeter of the proposed building. 4. All site fencing shall comply with the applicable requirements of the City Code. 5. The exterior finish materials of the proposed office building shall be revised to comply with applicable City requirements. 6. The proposed trash enclosure shall be no less than six feet in height or greater than ten feet in height and shall be constructed of materials that match the exterior of the principal structure. 7. All applicable City sign requirements shall be satisfactorily met. 8. The development shall meet its water quality mitigation requirement entirely through ponding, either on-site or through the expansion of EP-4. The proposed ponding area EAGAN CITY COUNCIL MEETING MINUTES; APRIL 6, 1999 PAGE 14 00098 shall be constructed to meet the City of Eagan's Detention Basin Design Standards with a surface area and wet volume of at least .44 acres and 1.7 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 anyon-site detention basis shall be extended to the NWL of Pond EP-4. 9. Detailed plans and specifications covering the construction of the retaining walls on the site shall be submitted for City staff review with a grading or building permit application for this development. 10. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City standards. 11. The developer shall be responsible for working with the "Kwik Trip" development to ensure that the storm sewer system is properly sized to accommodate the drainage from the subject site. 12. The developer shall be responsible for any needed modifications to Pond EP-4 to accommodate the additional storm water runoff from this development. 13. On-site storm runoff shall be accommodated via catch basin structures and storm sewer pipe in accordance with City Engineering standards. 14. The developer shall construct a water service in accordance with City standards from the water main to the proposed building. 15. The developer shall obtain a Metropolitan Council - Environmental Services permit for connection to this sanitary sewer. 16. The applicant shall extend the urban street construction of Borchert-Ingersoll Road further to the west to accommodate the proposed west entrance of this development. The entrances to the site from Borchert-Ingersoll Road shall be constructed with concrete aprons in accordance with City standards. 17. The developer shall obtain MnDOT permit approval for any work within the right-of- way of T.H. 149, including for any possible storm water discharge. 18. The development shall dedicate right-of-way for the upgrade of "Borchert-Ingersoll" Road on this property. 19. The parking and storage areas shall be surfaced with concrete or bituminous pavement with concrete curb and gutter around the perimeter of the development and the site plan shall be revised to specify such surfacing materials. 20. A more detailed landscaping plan shall be submitted to include size and species of plant material. Councilmember Carlson questioned if MnDOT needs to approve access from Borchert-Ingersoll Road to T.H. 149. Senior Planner Ridley stated that this is already an approved access. Councilmember Carlson inquired whether there would be left-hand turn lanes. Director of Public Works Colbert said there are no left-hand turn lanes proposed and further said he was unsure if a bypass exists. He added that Borchert-Ingersoll Road has been used as a commercial/ industrial access for years. Councilmember Carlson expressed concern with semis turning left and causing traffic to back up on T.H. 149. Director of Public Works Colbert stated that this was a legitimate concern and suggested a condition be added EAGAN CITY COUNCIL MEETING MINUTES; APRIL 6, 1999 PAGE 15 00099 requiring a bypass lane be installed. Councilmember Carlson said that, in addition to a bypass lane, a right-turn lane should also be installed. Jack Hoeschler, attorney representing the property owner, noted that approximately 12 trips to and from the site are expected per day and said the traffic generated will be minor. He added that most of the traffic will be traveling from the north, utilizing the right-turn lane that will be constructed in conjunction with the Kwik Trip development. Councilmember Carlson reiterated that a bypass lane is necessary to safely accommodate the traffic. Mr. Hoeschler stated that they would prefer to monitor the situation to determine if a bypass lane is necessary. Councilmember Masin questioned if 12 trips per day is a major concern. Councilmember Carlson said that additional businesses will be located in this area and questioned the long-term plan for T.H. 149 in this area. Director of Public Works Colbert explained that the upgrade to T.H. 149 between Highway 55 and Wescott Road is programmed for the year 2002 in the City's Capital Improvement Program. A vote was taken on the motion. Aye: 4 Nay: 1 (Councilmember Carlson opposed) CONDITIONAL USE PERMIT - RUSSEL METALS BAHCALL GROUP City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a Conditional Use Permit to allow outside storage of bulk fuel tanks on property at 1034 Gemini Road, legally described as Lot 10, Block 6, Eagandale Center Industrial Park No.3, located in the NW % of Section 11, subject to the following conditions: 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of Council approval and proof of recording submitted to the City. 2. The tank shall be located in the rear yard as shown on the site plan dated September 11, 1998. 3. A protective barrier that is acceptable to the City Fire Marshal shall be installed around the tank. 4. The area west of the building at the north end of the property shall be landscaped to provide screening of the tanks and rear yard from Gemini Road. 5. The gravel area west of the building, except areas necessary for vehicle access to the tanks shall be converted to green space by July 1, 2000. Councilmember Masin questioned the safety of the storage tanks should an explosion occur. The applicant stated that the tanks are built according to industry standards and must also meet Uniform Fire Code requirements. A vote was taken on the motion. Aye: 5 Nay: 0 The applicant requested the condition requiring the gravel area be converted to green space be deleted and noted that this area is used for snow storage. Senior Planner Ridley stated that the gravel area is not consistent with the current City standards and further stated that the green space can still accommodate snow storage. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 6, 1999 PAGE 16 00100 CONDITIONAL USE PERMIT - TRANSPORT 21 City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to allow the selling, leasing and servicing of semi-tractor trailers (including accessory outside storage) upon a 1.9 acre parcel of land (legally described as Lots 7, 8 and 9, Block 2, Eagandale Center Industrial Park No.3) located north of Apollo Road and west of the Canadian Pacific rail line in the NE 1/4 of Section 11 subject to the following conditions: 1. The three lots which presently underlie the property (and vacated portion of the Apollo Road right-of-way) shall be legally combined into a single legally described parcel via replat. 2. The Conditional Use Permit shall be recorded within 60 days of the replat of the property . 3. Outdoor storage activities shall be confined to the area west of the site's principal _ structure within the area specifically designated on the site plan. 4. No more than 15 tractor trailers shall be parked on the premises at anyone time. 5. The submitted site planshall be revised to incorporate the vacated portion of Apollo Road. 6. Additional screening shall be provided along the south side of the designated tractor/trailer par king area. 7. The existing CUP shall be terminated. Aye: 5 Nay: 0 ROUND TABLE Director of Public Works Colbert announced that the annual Pancake Breakfast hosted by Boy Scout Troop 453 is scheduled for April 10 at Christ Lutheran Church. City Attorney Sheldon noted that an Executive Session would be held following the regular City Council meeting to provide an update on pending litigation including Deerwood Reservoir condemnation, Cliff Road Water Treatment Plant, Cain Addition, Oakbrooke and Olson/Burger. Mayor Awada noted that extended hours are being offered to obtain season passes to Cascade Bay. She commented on her trip to Bulgaria. Councilmember Masin mentioned that Congressman Luther's Y2k program will be aired on cable. She commented on the retirement of a music teacher from ISO 191. She said she would like to establish a policy to acknowledge the deaths of elected officials on cable and also on the City's reader board. Mayor Awada suggested City Administrator Hedges be authorized to take the appropriate action to notify the public of such deaths. Councilmember Blomquist added that family members should be contacted prior to any such notice. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 6, 1999 PAGE 17 001.01. Councilmember Blomquist stated that she was contacted by a resident regarding the need to address the election sign policy. Mayor Awada said that this issue could be discussed at the upcoming Council retreat. Councilmember Blomquist noted that the Council needs to be more clear and speak more slowly when making motions to ensure that everyone understands the motion. Mayor A wada said that this suggestion could also be addressed at the retreat. Councilmember Bakken thanked everyone for the mugs and pennies that he was given at the last City Council meeting. ADJOURNMENT The meeting adjourned at 9:55 p.m. to an Executive Session to discuss pending litigation. Present were Mayor A wada and Councilmembers Masin, Blomquist, Carlson and Bakken, City Administrator Hedges, Director of Public Works Colbert, Senior Planner Ridley and City Attorney Sheldon. April 6, 1999 Date MLK 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, (fDD phone: (651) 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.