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06/15/1999 - City Council Regular 00179 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota June 15, 1999 A regular meeting of the Eagan City Council was held on Tuesday, June 15, 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. ROLL CALL & PLEDGE OF ALLEGIANCE Members of an Eagan Boy Scout Troop and Girl Scout Troop were present and lead the Pledge of Allegiance. AGENDA Mayor Awada noted that an update on Cascade Bay would be provided under Department Head Business. Councilmember Blomquist noted that Item F of the Consent Agenda, Final Subdivision, Amoco Second Addition - Amoco Oil Company, was being continued to the July 6, 1999 City Council meeting. She also recommended that discussion regarding Item A of New Business, Express Route 77C changes (Covington area), be extended to include other neighborhood collector streets. City Administrator Hedges noted that there would be an Executive Session following the meeting. Senior Planner Ridley added that Item E of the Consent Agenda, Final Subdivision - Noreen Addition - lames Noreen, was being continued. Councilmember Bakken moved, Mayor A wada seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 MINUTES OF THE MAY 6, 1999 JOINT ADVISORY PLANNING COMMISSION AND CITY COUNCIL MEETING Councilmember Masin noted a typographical error on page three, the second sentence in the second paragraph and requested the word identify be changed to identifying. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the minutes as modified. Aye: 5 Nay: 0 - MINUTES OF THE MAY 6, 1999 SPECIAL CITY COUNC~L MEETING Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 MINUTES OF THE JUNE 1, 1999 REGULAR MEETING Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 MINUTES OF THE JUNE 11, 1999 SPECIAL CITY COUNCIL MEETING Mayor Awada moved, Councilmember Carlson seconded a motion to approve the minutes as presented. Aye: 4 Nay: 0 (Councilmember Masin abstained due to her absence at this meeting.) VISITORS TO BE HEARD EAGAN CITY COUNCIL MEETING MINUTES; JUNE 15, 1999 PAGE 2 00180 Colette Jurek introduced herself as the new Community and Local Government Relations Manager for Northern States Power Company and added that she will be responsible for the Eagan area. DEPARTMENT HEAD BUSINESS APPOINTMENT TO DTED AIRPORT TASK FORCE City Administrator Hedges provided an overview on this item. Councilmember Masin moved, Councilmember Bakken seconded a motion to appoint Assistant City Administrator Verbrugge to represent the City of Eagan on the Governor's Airport Community Stabilization Funding Task Force. Aye: 5 Nay: 0 RECEIVE AND ACCEPT THE DECEMBER 31, 1998 COMPREHENSIVE ANNUAL FINANCIAL REPORT City Administrator Hedges provided an overview on this item. Dave Hinnenkamp, representing Kern, DeWenter, Viere, Ltd. presented the Comprehensive Annual Financial Report. Discussion occurred regarding how to improve the City's bond rating. Joseph Bari, 3033 Timberwood Trail, asked what the two million dollars in excess revenue is used for. Mr. Hinnenkamp noted that the excess funds are invested and remain in the City's General Fund. Mayor Awada stated that the City Council strives to reduce the tax capacity rate each year. She commended Finance Director Gene VanOverbeke and the Finance Department staff for their exceptional work. Councilmember Bakken moved, Councilmember Masin seconded a motion to accept the December 31, 1998 Comprehensive Annual Financial Report. Aye: 5 Nay: 0 IMPLEMENT ATION SCHEDULE OF EMERGENCY PREVENTION WATER CONSERVATION PLAN Director of Public Works Colbert provided an overview on this item. Superintendent of Utilities Wayne Schwanz provided additional information. Councilmember Bakken moved, Councilmember Masin seconded a motion to authorize the implementation of an Emergency Prevention Water Conservation Plan for the City's High Pressure Zone during August and September 1999. Aye: 5 Nay: 0 UPDATE ON CASCADE BAY AQUATIC FACILITY Director of Parks and Recreation Ken Vraa provided an update on the construction progress of the aquatic facility. He mentioned that the Byerly's Recreation Scholarship Fund event is scheduled for June 17 and the Grand Opening is scheduled for June 18. CONSENT AGENDA A. Personnel Items Item 1. It was recommended to approve the hiring of Jay Villaume, Gillian McLaughlin, Ben Hebel, Joseph Huettl and Ashley Allen as seasonal concession workers for Cascade Bay. 00181 EAGAN CITY COUNCIL MEETING MINUTES; JUNE 15, 1999 PAGE 3 Item 2. It was recommended to approve the hiring of Bradley Kassha, Glenn Smith and Chad Virgin as seasonal operations/maintenance workers for Cascade Bay. Item 3. It was recommended to approve the hiring of Nicholas Burt, Jesse Viall and Matt Adams as seasonal operations/maintenance shift leaders for Cascade Bay. Item 4. It was recommended to approve the hiring of Daniel Robillard, Dan Krinhop, Taylor Arneson, Megan Pavek, Kelly Carlin, Nicholas Novotny, Keith Fischer and Jill Steinkogler as seasonal guest relations workers for Cascade Bay. Item 5. It was recommended to approve the hiring of Laura Nelson as a seasonal guest relations shift leader for Cascade Bay. Item 6. It was recommended to approve the hiring of Anne Bolsem, Eric Sidler, Brad Roe, Molly Angermeyr, Jarrett Capstick, Noah Liddle, Kari Schneibel, Molly Towle, Alex Porter, Lindsay Marko, Jamie Boufford, Danelle Larson and Lisa Bordsen as seasonal lifeguards for Cascade Bay. Item 7. It was recommended to approve the hiring of Katie Linear as a seasonal substitute lifeguard for Cascade Bay. Item 8. It was recommended to approve the hiring of Katherine Liesch, Nathaniel Liddle and Brenna Beers as seasonal lifeguard shift leaders for Cascade Bay. Item 9. It was recommended to approve the hiring of Tonya Jolicoeur as a seasonal recreation coordinator for Fitness Fun. Item 10. It was recommended to approve the hiring of Melinda Hoffmann as a seasonal tennis director. Item 11. It was recommended to approve the hiring of Erin Severson, Melissa Manke, Aaron Halbe and Michael Remington as seasonal tennis instructors. Item 12. It was recommended to approve the hiring of Paul Anderson, Carl Torgerson and Brad Butor as seasonal parks maintenance workers. Item 13. It was recommended to approve the hiring of McKenzie Cafferty as a seasonal forestry worker. Item 14. It was recommended to approve the hiring of Tom Johnson and Rufus.Johnson as seasonal recreation leaders. Item 15. It was recommended to approve the hiring of Kaci Netz as a seasonal recreation assistant. Item 16. It was recommended to approve the hiring of Nancy Phipps as a %-time Clerical Tech ill in the Community Development Department. Item 17. It was recommended to approve the hiring of one person to be recommended for hire as an Engineering Technician and also to approve the hiring of Tim Pahr as an Engineering Technician. Item 18. It was recommended to approve the hiring of Mary (Maggie) Futhey as an Accounts Payable/ Accounting Clerk in the Finance Department. Item 19. It was recommended to approve hiring the firm of Riley, Dettmann & Kelsey to conduct a public market comparison study for the City's compensation plan and for compensation rates for non-bargaining positions. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 15, 1999 PAGE 4 001.82 B. Local Transit Tax Levy Option. It was recommended to approve the local transit tax levy option for 99 - 4 4 taxes payable in 2000. C. Final Subdivision, Hittner Addition - Keith Hittner. It was recommended to approve a Final 99 - 41 Subdivision to create five lots and one outlot on 4.8 acres at the southeast corner of Pin Oak Drive and Nicols Road in the NE % of Section 31. D. Final Plat, Oakbrooke Second Addition - Pulte Homes of MN, Inc. It was recommended to approve a 99 -4 3 Final Plat (Oakbrooke 2nd Addition) of a 5 acre exception into a 1.5 acre lot and a 3.5 acre outlot located south of Deerwood Drive and west of Deerwood School located in the southwest 1/4 of Section 21. E. Final Subdivision - Noreen Addition - lames Noreen. It was recommended to continue this item indefinitely. F. Final Subdivision, Amoco Second Addition - Amoco Oil Company. This item was continued to the July 6,1999 City Council meeting. G. Final Plat, Shaller Addition - Scott and Cabrini Shaller. It was recommended to approve a Final Plat 99-40 (Shaller Addition) consisting of one lot at 3536 Great Oaks Place in the NE 1/4 of Section 14. H. Final Subdivision - Oakview Center - Holiday Stationstores, Inc. It was recommended to approve a 99 - 42 Final Subdivision (Oakview Center) to create eight lots and one outlot on approximately 18 acres, located at the southeast corner of Lone Oak Road and Hwy. 55/149 in the NW 1/4 of Section 12.7. I. Resolution setting public hearing - Forest Ridge Multifamily Housing Revenue Bonds refinancing. It 99 - 45 was recommended to approve the resolution calling for a public hearing regarding the issuance of revenue bonds under Minnesota Statutes, Chapter 462 C. J. Consider amendment to Cable Franchise Ordinance No. 101, Article II, Section 4, extending the franchise term to September 1, 1999. It was recommended to adopt Ordinance amending Cable Franchise Ordinance No. 101, Article II, Section 4, franchise term. K. Contract 99-09, approve plans & specs, order ad for bids (Advent United Methodist Church). It was recommended to approve the plans for Contract 99-09 (Advent United Methodist Church - Sanitary Sewer Extension) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, July 15, 1999. L. Consider application for temporary on-sale liquor license and shows license for the Eagan EspressFest to be held luly 29th, 30th and 31st. It was recommended to approve the temporary on-sale liquor license application and shows license application for the Eagan EspressFest to be held July 29-31,1999. M. License Renewals, service stations and amusement devices. It was recommended to approve license renewals for service stations and amusement devices as presented. N. Ratification of temporary on-sale liquor license for the Eagan Foundation for the Byerly's Recreation Scholarship Fund event. It was recommended to ratify the June 8, 1999 Special City Council meeting approval of the temporary on-sale liquor license application for the Eagan Foundation for the Byerly's Recreation Scholarship Fund event and to waive the City's $150 license application fee. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; JUNE 15, 1999 PAGES 001.83 PUBLIC HEARINGS VARIANCE, H. CHARLES AHLBERG - 565 CHAPEL LANE 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 Variance of 5 feet to the ten foot setback from a rear lot line for an accessory structure at 565 Chapel Lane, legally described as Lot 7, Burview Acres, in the NE 1/4 of Section 12 subject to the following conditions: 1. The existing shed shall be removed from the property prior to beginning construction of the new garage. 2. The applicant shall obtain a building permit prior to beginning construction. 3. Consistent with the City's home occupation ordinance, no accessory buildings or attached garage shall be used for any home occupation. 4. 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. Mayor A wada opened the public hearing to anyone wishing to speak. The applicant stated that he talked to all of the surrounding neighbors and they were supportive of the variance request. He added that the proposed garage would fit properly on the site. There being no one else wishing to speak, Mayor Awada closed the public hearing and turned the discussion back to the Council. A vote was taken on the motion. Aye: 5 Nay: 0 V ACATION OF DRAINAGE & UTILITY EASEMENT (ADVENT UNITED METHODIST CHURCH) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Councilmember Masin moved, Councilmember Bakken seconded a motion to approve the vacation of a drainage and utility easement on Lot 1, Block 1, Advent United Methodist Church and authorize the Mayor and City Clerk to execute all related documents subject to the receipt of recordable replacement easement documents. Mayor A wada 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: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; JUNE 15, 1999 PAGE 6 00184 OLD BUSINESS RECONSIDERATION, INTERIM USE PERMIT - ISD 191 CONDITION OF APPROVAL City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Mayor A wada moved, Councilmember Masin seconded a motion to consider an amendment to a condition of approval for the Interim Use Permit (IUP) issued to ISD 191 for the expansion of the Special Education Program at Cedarvale Mall and schedule the item for the July 6, 1999 City Council meeting. Mayor A wada indicated that her original concern with the IUP was in regard to the term. She stated that there should be tighter control over the distribution of the student population. Councilmember Masin spoke in support of allowing the school district the flexibility it requested in determining the student distribution. A vote was taken on the motion. Aye: 4 Nay: 1 (Councilmember Carlson opposed) NEW BUSINESS EXPRESS ROUTE 77C CHANGES (COVINGTON AREA) City Administrator Hedges provided an overview on this item. Councilmember Masin moved, Councilmember Bakken seconded a motion to open the item for public discussion. Aye: 5 Nay: 0 Beverly Miller, Executive Director of the Minnesota Valley Transit Authority (MVT A), explained the reasons for changing the bus route, which included community needs, productivity and road construction concerns. She added that a public meeting was held in April, which no one attended. She commented on the difficulty in making changes to routes in a hurried fashion. She mentioned that although the neighbors concerns are important, they are not based in fact and said that safety is a major concern of the MVTA. She stated that the MVTA works hard to reach a balance and please as many people as possible. She said that there is no plan to reinstate the bus route on Covington Lane. Mayor A wada asked if there were any plans to add new bus service on other residential collector streets in the City. Ms. Miller said there were no immediate plans at this time and added that changes are usually made every three months. Councilmember Blomquist asked who had been notified of the public meeting. Ms. Miller stated that MVTA Board members and bus riders had been informed. Councilmember Blomquist said that public officials and the residents affected by the change should also be noticed. Councilmember Blomquist moved, Councilmember Carlson seconded a motion to direct staff to study and provide a fact finding for future MVT A bus routes on neighborhood residential collector streets and review the comprehensive plan of the MVT A. Councilmember Masin noted that placing restrictions on transit places the City in an awkward situation. She added that bus service is an amenity and suggested that rather than creating a policy to regulate activities of the MVTA, the City Council should review each issue on an individual basis. Councilmember Carlson concurred. She added that a communication policy should be established between the City and the MVT A. Councilmember Blomquist concurred. Councilmember Masin said that the Joint Powers Agreement provides the City with the authority to take what actions it deems necessary. She suggested that the City Council meet with staff to review the MVT A' s strategic plan. A vote was taken on the motion. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; JUNE 15, 1999 PAGE 7 00185 Laura Tramonte, 1859 Covington Lane, thanked the City Council for banning the proposed bus route on Covington Lane. Mayor A wada moved, Councilmember Bakken seconded a motion to direct staff to remove the barricades on Covington Lane. Aye: 5 Nay: 0 INTEREST REIMBURSEMENT REQUEST - BLOMQUIST (PROJECT 725 OAK CHASE STREET RECONSTRUCTION) Councilmember Blomquist abstained from discussing this matter as a Councilmember. City Administrator Hedges provided an overview on this item. Councilmember Masin questioned how the interest is charged for special assessments. Finance Director VanOverbeke explained that state law prescribes that interest after the 30-day interest free period must be charged to the end of the year in which the assessment is certified, and if the assessment is not paid in full, the first installment appears on the tax statement for the following year, with interest charged to the end of that year. Councilmember Masin asked how residents typically pay for an assessment when they are considering an appeal. VanOverbeke stated that there are several options and that most people follow the advice of their attorney. Mayor A wada asked if Ms. Blomquist had been notified of the prepayment period. Finance Director VanOverbeke referenced the notice that was sent to all property owners following adoption of the final assessment roll. He said that the notice does not provide any legal advice. Mayor A wada asked about the implications if interest were not charged on assessments. VanOverbeke noted that money is borrowed to pay for projects and either the benefiting property owners or the taxpayers at large must pay the interest. Mayor Awada asked if the City had previously received similar requests for interest reimbursement. VanOverbeke stated that similar requests have occasionally been received, but state law does not provide staff with the authority to not certify the assessments or not charge interest. He said that property owners have the option to pursue the matter with the City Council. Councilmember Carlson asked if the Council had ever approved an interest free assessment. Finance Director VanOverbeke said he was not aware of any such action by the Council. Councilmember Bakken asked when the current law went into effect. VanOverbeke estimated that it has been in place more than twenty years. Mayor A wada said that the notice that was sent to all assessable property owners was very clear regarding the interest free prepayment period. Councilmember Carlson asked if the Council would be going against state law if they approved Ms. Blomquist's request for interest reimbursement. VanOverbeke stated that state law has been implemented to collect the money; however, the City has the authority to refund the money, which has been collected. City Attorney Sheldon said the City is obligated to follow state law procedure, but can refund money if there is a legally justifiable basis for doing so. Councilmember Masin asked what action the Council could take if they disagreed with the current state law. Director VanOverbeke said that staff should be directed to lobby to have the law changed. Councilmember Bakken asked if the City had ever subsidized an interest free loan as a personal favor. City Administrator Hedges said he did not recall that the City had ever done that. Councilmember Masin mentioned that occasionally assessments have been deferred. City Administrator Hedges stated that there have been instances where assessment amounts were negotiated or deferred prior to certification. Mayor Awada stated that assessments have never been deferred without interest, but rather assessments have been deferred with interest to be paid at the prevailing rate in effect at the time the assessment is due. Councilmember Blomquist said that the City has done it both ways and added that she was not concerned about this issue until she thought about the effect to other property owners. She said the notice 00186 EAGAN CITY COUNCIL MEETING MINUTES; JUNE 15, 1999 PAGES was well written, but further said that, given the fact that banks are prohibited from charging interest for prepayment of a loan, perhaps this matter should be brought to the League of Minnesota Cities for consideration. She mentioned that the notice does not contain any language about when to pay an assessment if an appeal is filed. She added that although the special assessment bill is divided into two payments during the year, the special assessment amount is paid with the first instaI1ment of taxes. Councilmember Bakken asked if cities are under any obligation to explain to people how to file a lawsuit against them. City Attorney Sheldon said that the special assessment law prescribes the language required to be included in the notice. Mayor A wada asked Councilmember Blomquist what was meant by her comment that the City has done it both ways. Councilmember Blomquist stated that when someone files an appeal in District Court, the assessment amount is not certified until the discrepancy has been settled. Mayor A wada said that this matter was not germane to the issue of interest reimbursement. She asked if the Council has ever certified the assessment roll and then not levied the assessments due to a pending lawsuit. City Administrator Hedges said there have been instances, at the time of the public hearing, where assessments have not been levied by order of the Council. Finance Director VanOverbeke said that certain instances may have occurred prior to the adoption of the current assessment policy. Mayor Awada asked the rationale for Ms. Blomquist's request for a refund of the interest. Councilmember Blomquist said she was asking for a refund because she disagrees with charging interest for an entire year following payment of the assessment. Councilmember Bakken stated that this was a highly irregular request. Councilmember Masin said she did not understand why interest is charged for the entire year if the assessment is paid off early. Mayor Awada stated that state law mandates that the interest be collected for the entire year and said it would be a nightmare for the City to grant an interest free loan to those individuals seeking to sue the City. Councilmember Bakken said that a policy of this type would require a general taxpayer subsidy. Councilmember Carlson said the Council would be setting a dangerous precedent if they chose to refund the interest following certification of the assessment. Mayor Awada moved, Councilmember Carlson seconded a motion to deny Bea Blomquist's request for a refund of $144.59 of interest charged on the assessment of the Oak Chase street reconstruction project. Aye: 4 Nay: 0 (Councilmember Blomquist abstained) PRELIMINARY SUBDIVISION - MICKEY AND CEIL KIEFFER (KIEFFER ADDITION) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. - Councilmember Bakken moved, Mayor Awada seconded a motion to approve a Preliminary Subdivision entitled the "Kieffer Addition" located south of Elrene Road and west of Dodd Road in the NE 1/4 of Section 24 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: Hl 2. The property shall be platted. 3. A declaration of covenants and restrictions shall be prepared by the applicant (in a form deemed acceptable by the City Attorney) which requires access to Outlot A to be achieved only from Dodd Road (through the excepted property to the south). The restriction shall be recorded with the property as part of the final subdivision. 00187 EAGAN CITY COUNCIL MEETING MINUTES; JUNE 15, 1999 PAGE 9 4. This development shall dedicate a 10-foot drainage and utility easement centered over the shared lot line between Lot 1 and Outlot A. 5. This development shall be responsible for a cash parks dedication or on-site ponding when it is replatted. 6. Outlot A shall be subject to a cash water quality dedication or on-site ponding when it is replatted. 7. An undisturbed and unmaintained buffer extending at least 30 feet back from the delineated boundary of any wetland shall be required. 8. A wetland survey shall be completed to determine the presence of any wetlands. A vote was taken on the motion. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION, REZONING & VARIANCES - HERITAGE DEVELOPMENT (CHERRYWOOD KNOLL) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Mayor A wada asked if the street grade was acceptable to the Engineering Department. Director of Public Works Colbert stated that there are limited streets in the City where the grade is greater than 8%. He added that the City Council should determine if the variance is warranted. Roger Schaaf, 515 Chapel Lane, commented on the agreement he has with the City regarding the easement on his property. He said that his main concern is with the amount of traffic that will be generated from the Windsor development. Councilmember Carlson moved, Councilmember Masin seconded a motion to approve a Rezoning from Agriculture to R-l Single Family Residential for 12.1 acres located at 502 Chapel Lane, south of Hwy. 55 and northeast of Bur Oaks Park in the northeast % of Section 12. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a Preliminary Subdivision for 23-single family lots and one outlot on 12.1 acres, subject to the following conditions: - General Conditions 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: B2, B4, Cl, C2, C3, C4, Dl, El, 2. The property shall be platted. 3. Architectural designs and construction methods for new construction within the development should incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a noise level of 65 DNL. This would require an inside noise level reduction of at least 20 dBA (DNL level minus required dBA level). This noise attenuation requirement shall be recorded against each lot as a notice to buyers and builders. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 15, 1999 PAGE 10 00188 4. Lot 6 shall provide a minimum rear yard setback of 15 feet for the existing structure. Storm Drainage 5. The developer shall obtain MN/DOT permit approval for the proposed storm water discharge into the Hwy. 55 right-of-way. Water Quality 6. On-site ponding shall be constructed to treat runoff prior to discharge to Pond GP-2. The pond shall be in the location shown on the preliminary grading plan. The excavation of the pond shall include a 10-foot wide aquatic safety bench extending from the normal water level. Side slopes below the bench shall not exceed 3:1. The pond shall have a minimum wet volume of .09 acre and .22 acre-feet. 7. A cash water quality dedication in lieu of on site ponding shall be required for areas in the development for which stormwater runoff is not treated by the proposed pond. Grading 8. Prior to final subdivision approval, the developer shall obtain a grading easement from . the property owner of Parcel 010-06 for the proposed grading of Chapel Lane. Utilities 9. The existing sheds shall be removed and all wells and septic tanks abandoned and capped according to Dakota County and City requirements. Access/Street Design 10. The developer shall obtain the required right-of-way along the south boundary of Parcel 010-06 to accommodate the Chapel Lane extension prior to final subdivision approval. 11. Prior to the applicant receiving final subdivision approval, the City Council must have approved an improvement project for the connection of Chapel Lane to Highway 55. Easements/Rights-of-Way /Permits 12. The development shall dedicate restricted access along the entire length of the subdivision adjacent to Hwy. 55 right-of-way, as required by the Minnesota Department of Transportation. Tree Preservation 13. A revised Tree Mitigation/Landscape Plan shall be submitted that includes the following changes: 14. To help prevent future defoliation by insects (yellow-headed spruce sawfly in particular), the row of Black Hill Spruce trees along the east and south property lines should be broken up with other conifer and/ or deciduous tree species or with clusters of trees with adequate spacing between them. 15. Substitute more shade tolerant conifers and/ or deciduous trees for Black Hills Spruce on the south property line. 001.89 EAGAN CITY COUNCIL MEETING MINUTES; JUNE 15, 1999 PAGE 11 16. Heavily landscape the area on top of the proposed retaining wall, behind lot 9, to serve as safety screening for this six-foot retaining wall which is located adjacent to park dedication land. 17. Strategically cluster the proposed boulevard trees into areas where they will serve as buffers from road traffic/headlights/ etc. Clusters should be placed on the outside curves of the two road turns and the cul-de-sac. 18. The Tree Inventory/Tree Preservation Plan shall be revised to show the correct placement of tree protection fencing at the perimeter of the Critical Root Zone as defined by the city ordinance. Tree Protective measures (i.e. orange colored silt fence or 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. 19. 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 and placement of the Tree Protection Fencing. Park and Trail Dedications 20. This development shall be responsible for a park land dedication consisting of Outlot A (1.07 acres). The developer shall convey Outlot A to the city free and clear of all encumbrances and shall be responsible to record the conveyance with the plat. The developer shall provide the city with evidence of clear title to the property prior to conveyance. 21. Trails dedication shall be fulfilled through payment of a cash dedication. The cash trails dedication is payable prior to release of the final plat for recording, at the rate in effect at that time. 22. To recommend approval of a Variance to reduce the minimum front yard setbacks from 30 feet to 25 feet for Lots 1 - 5 and Lots 20 - 23, and from 30 feet to 20 feet for the remaining lots in the development. 23. To recommend approval of a Variance to exceed the maximum.8% street grade and construct the street with grades of up to 10%. A vote was taken on the motion. Aye: 5 Nay: 0 Councilmember Carlson moved, Mayor Awada seconded a motion to approve a Variance to reduce the minimum front yard setbacks from 30 feet to 25 feet for Lots 1 - 5 and Lots 20 - 23, and from 30 feet to 20 feet for the remaining lots in the development. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a Variance to exceed the maximum 8% street grade and construct the street with grades of up to 10%. Aye: 5 Nay: 0 LEGISLATIVF/lNTERGOVERNMENTAL AFFAIRS Mayor A wada mentioned that she and three members of the City Council would be attending the upcoming LMC Conference in Rochester. She also mentioned that two youth delegates from the City would be attending. 00190 EAGAN CITY COUNCIL MEETING MINUTES; JUNE 15, 1999 PAGE 12 ADMINISTRATIVE AGENDA SPECIAL CITY COUNCIL MEETING Mayor A wada moved, Councilmember Bakken seconded a motion to schedule Special City Council meetings for June 22 and 29 at 5:00 p.m. Aye: 5 Nay: 0 CONSIDER ORDINANCE CHANGE TO CITY CODE, SECTION 10.31, NOISY PARTIES OR GATHERINGS City Administrator Hedges provided an overview on this item. Councilmember Masin moved, Councilmember Blomquist seconded a motion to direct staff and the City Attorney to prepare an ordinance revision addressing noisy parties or gatherings. Councilmember Carlson said that if the City of Eagan is going to model their ordinance after the City of Apple Valley's she would prefer the language be changed to state that an officer will first provide a warning, and if a second call is received, the officer would then have the right to order the participants to vacate the premises. Councilmembers concurred. A vote was taken on the motion. Aye: 5 Nay: 0 SURPLUS PROPERTY/UNITED STATES POST OFFICE OOHNNY CAKE RIDGE ROAD, SOUTH OF DIFFLEY ROAD) City Administrator Hedges provided an overview on this item. Councilmember Blomquist moved, Councilmember Carlson seconded a motion to open the item for discussion. Aye: 5 Nay: 0 Councilmember Blomquist said that the proposed use may be too industrial for this site. Discussion occurred regarding the use of the property for public purpose, downzoning and resale. City Attorney Sheldon responded to a question about purchase and resale and stated that the City has the right to acquire the property for a public purpose but it would not be appropriate to acquire the property merely for future resale. Senior Planner Ridley stated that he is currently in discussions with the City Attoney's office to determine if the City has the ability to initiate a rezoning of the property to bring it into compliance with the current Guide Plan designation of D-II. Councilmember Carlson said that this site was not appropriate for salt and sand storage purposes and was too costly to acquire for that reason. Mayor Awada agreed and suggested that the most appropriate land use at this location would be single family residential and added that perhaps this site would be suitable for zero lot line, single level residential development. She said that staff should notify Welsh Companies of the City's desire to rezone the property. Mayor Awada moved, Councilmember Blomquist seconded a motion to direct the APC to hold a public hearing to rezone surplus property on Johnny Cake Ridge Road, south of Diffley Road, to R-l and direct staff to pursue another location for satellite salt and sand storage purposes. Councilmember Blomquist offered an amendment to the motion to provide the City Council with the option to purchase the property for public use such as a park. Mayor Awada did not accept the amendment because she said this site is not an appropriate location for a park. A vote was taken on the motion. Aye: 4 Nay: 1 (Blomquist opposed) 00191 EAGAN CITY COUNCIL MEETING MINUTESj JUNE 15, 1999 PAGE 13 PREMISES PERMIT RENEWAL APPLICATION, EAGAN HOCKEY ASSOCIATION FOR A PULL-TAB OPERATION AT THE CHEROKEE SIRLOIN ROOM City Administrator Hedges provided an overview on this item. Councilmember Masin moved, Councilmember Bakken seconded a motion to approve a resolution renewing the charitable gambling premises permit for the Eagan Hockey Association for a pull-tab operation at the Cherokee Sirloin Room located at 4625 Nicols Road. Aye: 5 Nay: 0 99-39 PROJECT 749, HWY. 55 SO. FRONTAGE ROAD (RECONSTRUCTION) Director of Public Works Colbert provided an overview and said that MnDOT will not approve plans that preclude Windsor Estates from taking access to the frontage road along Highway 55 and will no longer fund the reconstruction. Mayor Awada said that she agreed with MnDOT that direct access to Highway 55 from the Windsor development would be dangerous. She suggested that access be taken onto the road by the Schaaf property. Director of Public Works Colbert stated that the best access location for the Windsor development would be either onto the frontage road or onto Chapel Lane from a number of locations. He said the Chapel Lane option would require acquisition of private property. He added that the best location for the-entire neighborhood would be to extend Chapel Lane to Highway 55, which could then become a signalized intersection. Mayor Awada said that another public hearing should be held. Councilmember Carlson stated that MnDOT should be responsible for the reconstruction of the road and not the City. She questioned why the City is determining the access for the Windsor development and not the developer. Mayor Awada added that the City Council does not have to state where the Windsor development will take access onto Chapel Lane. She reiterated that another public hearing should be held to let the residents know the two options, one being access off a cul-de-sac and Random Road and the other access being off Chapel Lane. Mayor Awada moved, Councilmember Carlson seconded a motion to schedule a public hearing for July 20,1999 to address the condition of approval relating to access for Project 749 (E. Hwy. 55 So. Frontage Rd. - Reconstruction). Aye: 5 Nay: 0 ROUND TABLE Councilmember Masin mentioned that she was considering attending the N.O.I.S.E. Conference. She further mentioned that staff is meeting with a resident of the Windcrest neighborhood tomorrow regarding some concerns with Cascade Bay, which will be followed by a community meeting in a few weeks. City Administrator Hedges stated that it would be appropriate to wait at least two to three weeks prior to holding the community meeting to allow enough time to adequately assess the impacts of Cascade Bay. Further discussion occurred regarding the measures that should be taken to limit the disturbances to the adjacent residents. It was decided that the information that is collected during the next few weeks should be reported to the Council at a future worksession. Councilmember Carlson mentioned that the Byerly's Scholarship Fund for Youth event will be held on Thursday, June 17 at Cascade Bay. She commended Mayor Awada and Pat Dill for championing this cause and thanked staff for all their hard work. She further mentioned that the Cascade Bay grand opening will be Friday, June 18. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 15, 1999 PAGE 14 00192 ADJOURNMENT The meeting adjourned at 9:15 p.m. to an Executive Session to consider the Deerwood Reservoir site acquisition settlement offer. Present were Mayor A wada and Councilmembers Masin, Blomquist, Carlson and Bakken, City Administrator Tom Hedges, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. June 15, 1999 Date MLK U you need these minutes in an alternative form such as large print, Braille, au io tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 681-4600, (roD 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.