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04/21/1998 - City Council Regular00132 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota April 21,1998 A regular meeting of the Eagan City Council was held on Tuesday, April 21, 1998 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin and Blomquist. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, City Engineer Russ Matthys, and City Attorney Jim Sheldon. Boy Scout Troop 104 led the Pledge of Allegiance. AGENDA Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OF THE APRIL 7,1998 REGULAR MEETING Councilmember Wachter requested that on page 7, in the fifth paragraph, the following sentence be inserted after the first sentence, She said that she had the wrong information." Councilmember Awada moved, Councilmember Masin seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 MINUTES OF THE APRIL 7,1998 SPECIAL MEETING Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 MINUTES OF THE MARCH 24,1998 SPECIAL MEETING Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 DEPARTMENT HEAD BUSINESS Councilmember Masin mentioned that she has been receiving a number of phone calls and letters regarding a variety of issues going on in the community now. She apologized to the public for not being able to respond to all the inquiries in a timely manner. Other Councilmembers indicated they felt the same way. Councilmember Wachter referenced a Dateline television show that aired regarding the Houston, Texas Fire Department and their inoperable fire equipment. He asked Fire Chief Jensen if all of Eagan's fire equipment was in good working order. Jensen stated that Eagan has the most state-of-the-art equipment and it is all in good working condition. Mayor Egan commented that he received a letter from the Insurance Institute congratulating the City of Eagan on achieving an upgrade in the insurance rating. He commended Fire Chief Jensen and the entire Fire Department in achieving this result. Mayor Egan said that as long as he has been a member on the Eagan City Council few things have meant more to him than the issue of the public perception regarding the integrity of City officials. He further said that he has never served on a City Council when ethics was not a paramount concern to all of the Council. He referenced a study that was recently issued which reflected that shortly before he came on the City Council three out of four people trusted their local officials to do the right thing. He added that today three out of four people do not think their local officials will do the right thing. He further EAGAN CITY COUNCIL MEETING MINUTES; APRIL 21, 1998 PAGE 2 00133 added that this phenomena is made worse when local officials attempt to bring discredit upon themselves, as was recently reported to him. He stated that it is his understanding that there are certain Councilmembers who would like to address an issue that involves City staff and which may adversely affect the perception of the integrity of the City. Councilmember Wachter said that when he was first elected there was always a trust in him and the rest of the Council in what was being done and said. He added that recently a lot of accusations have been made to his wife and him and another member of the Council and he does not think it is proper. He further added that a lot of situations have arisen, a lot of words have been said and a lot of insinuations and accusations have been made and for his part he knows they are all untrue and he just wanted to clarify that and will stand behind the City staff. He noted that whatever has been done in the past has been done in a very good sense and in the interest of all Eagan taxpayers. He thanked the staff for what they have done in the past and said he hopes it will continue in the future. Councilmember Awada clarified that one of the City's department heads flew on a "buddy pass" to Washington, D.C. with one of the Councilmembers which violates the ethics legislation because it was obtained from Northwest Airlines. She added that the department head did this based on the Councilmember's indication that it was fine. She said that the Council has since found out that this was not acceptable. She stated that the Council has known about this for a month and has tried to correct the problem through the Councilmember by attempting to reimburse Northwest Airlines for the department head's ticket and possibly the Councilmember's ticket. She noted that the Councilmember has been confronted regarding this matter and she has not done anything about it. She stated that the Council was given an opinion from the City Attorney that states this is in clear violation of the ethics legislation. She said that she and Councilmember Wachter have been accused of calling Northwest Airlines and being whistleblowers, which is not the case. She added that the public needs to know about this and the fact that the staff has been asked to cover this up. She said the fact that this issue was not dealt with and that staff was asked to cover it up has upset a lot of the Councilmembers because it hurts the integrity of the City. She said the rest of the Council wants to direct staff to write a letter to Northwest Airlines apologizing for the length of time it has taken to deal with this issue and also apologized to the community regarding this matter. She stated that the Councilmembers would be remiss in their jobs as City officials if they did not address this issue. Mayor Egan said they want Northwest Airlines to be reimbursed at the earliest date possible. CONSENT AGENDA In regard to item D, Approve Arbor Day Resolution, Councilmember Wachter mentioned that the City has received the Tree City USA designation since 1988. Mayor Egan commented that Councilmember Wachter is thought of synonymously with Arbor Day because of his concern for the preservation of trees. He invited the public to attend the Arbor Day event at Trapp Farm Park on April 25. In regard to Item M, Project 741, approve project (Thomas Lake Outlet Modification and Ponding Easement Acquisition) and authorize the preparation of plans and specifications, Mayor Egan announced that this item would be considered under Old Business as Item A. In regard to Item R, Extension for recording Kingswood Ponds 2nd Addition - Horne Development, Councilmember Wachter inquired if building permits are allowed to be issued before the final plat is recorded and referenced a house that is being built near the old Town Hall. Senior Planner Ridley stated that this home is being constructed in the first addition. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 21,1998 PAGE 3 A. Personnel Items Item 1. It was recommended to approve the hiring of Robert Brown as an equipment maintenance worker. Item 2. It was recommended to approve the hiring of Judy Showalter as the Engineering Division's Clerical Technician III. Item 3. It was recommended to approve the hiring of Diana Bolander as a seasonal horticultural specialist. Item 4. It was recommended to approve the hiring of Jesse Viall as a seasonal part-time civic arena supervisor. Item 5. It was recommended to approve the hiring of Deborah Buntjer, Nora Flueger, Holly Confer, Martha Buyck and Meghan Doherty as part-time seasonal Northview concession workers. Item 6. It was recommended to approve the hiring of Brian Banaszewski, Jill Isebrand, John O'Toole, George Sellner and Angela Sexton as seasonal park maintenance workers. Item 7. It was recommended to approve the hiring of Stanley Schneider and Kelly Taylor as seasonal forestry technicians. Item 8. It was recommended to approve the hiring of Thomas Golden as a seasonal part-time assistant weed inspector. Item 9. It was recommended to approve the collective bargaining agreement for years 1998 and 1999 between the City of Eagan and the police bargaining unit. 00134 Item 10. It was recommended to approve the hiring of Marc Malinoff as a seasonal engineering intern for the Street Maintenance Division. Item 11. It was recommended to approve the hiring of Adam Fechner and Christopher Pittelkow as Seasonal Ballfield Attendants. B. Approve renewal of Public Safety Dispatch Agreement: The City of Eagan and the City of Rosemount. It was recommended to approve the renewal of the Public Safety Dispatch Agreement between the Cities of Eagan and Rosemount under which Eagan provides police and fire dispatch services. C. Approve renewal of Public Safety Mobile Data Communication System Agreement: The City of Eagan and the City of Rosemount. It was recommended to approve the public safety mobile data communications system agreement between the cities of Eagan and Rosemount as presented. D. Approve Arbor Day Resolution. It was recommended to approve the Arbor Day Resolution setting 98-39 April 25 as Arbor Day and May, 1998 as Arbor Month in the City of Eagan. E. Approve purchase of police officer entry level test. It was recommended to approve an agreement between local units of government to jointly purchase a Police Officer Entry Level Test. F. Recommendation, Airport Relations Commission, request for expansion of Airport Sound Insulation 98-40 Program, Valley View Plateau. It was recommended to authorize a request to the Metropolitan Airports Commission to expand its airport sound insulation program to include the Valley View Plateau area and modify the draft resolution as suggested. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 21,1998 PAGE 4 004135 G. Recommendation, Airport Relations Commission, Minneapolis Departure Procedure. It was recommended to approve a recommendation by the Airport Relations Commission to support the City of Minneapolis in its effort to secure a change in departure procedures northwest of the airport as presented. H. Appointment to Airport Relations Commission. It was recommended to confirm the appointment of the current alternate member, Nadim Zoberi, to a full member position and also appoint Doug Pewowaruk as an alternate member to the Airport Relations Commission. 1. Contract 98-07, receive bids/award contract (Wilderness Run 5th & 6th Add. - Street Imp.). It was recommended to receive the bids for Contract 98-07 (Wilderness Run 5th and 6th Additions - Street Improvements), award the contract to McNamara Contracting, Inc., for the Base Bid in the amount of $272,005.00, and authorize the Mayor and City Clerk to execute all related documents. J. Project 695, receive final assessment roll/schedule public hearing (Yankee Doodle Road - Street & Lighting Improvements). It was recommended to receive the final assessment roll for Project 695 (Yankee Doodle Road - Road, Bridge & Streetlight Improvements) and schedule a public hearing to be held on May 5,1998. K. Project 732, receive feasibility report/order public hearing (Oak Pond Add. - Street & Utility Improvements). It was recommended to receive the feasibility report for Project 732 (Oak Pond Road and Oak Pond Circle - Street and Utility Improvements) and schedule a public hearing to be held on May 19, 1998. L. Project 740, cancel feasibility report (Silver Bell Road - TH 13 to Kennebec Drive). It was recommended to cancel the Feasibility Report for Project 740 (Silver Bell Road, TH 13 to Kennebec Drive - Street Improvements). M. Project 741, approve project (Thomas Lake Outlet Modification and Ponding Easement Acquisition) and authorize the preparation of plans and specifications. (This item was considered under Old Business, Item A). N. Authorize the preparation of Comprehensive Storm Drainage and Sanitary Sewer Plan Updates. It was recommended to authorize the preparation of an update to the Comprehensive Storm Water Management/Drainage Plan and the Comprehensive Sanitary Sewer Plan to be performed by the firm of Bonestroo, Rosene, Anderlik & Associates, Inc. 0. Preliminary Subdivision and Preliminary Planned Development extension for Eagan Woods Office Park 2nd, OCB Realty Company. It was recommended to approve an extension through May 15,1999 of the Preliminary Subdivision and Preliminary Planned Development for Eagan Woods Office Park 2nd Addition located south of 1-494 and west of Pilot Knob Road in the NE 1/4 of Section 4. P. Final Subdivision, Town Centre 70 Twenty-first Addition, Companion Animal Hospital (Dr. Sheila 98-41 Megan). It was recommended to approve a Final Subdivision (Town Centre 70 Twenty-first Addition) consisting of one lot and one outlot on 6.9 acres at the northwest corner of Denmark Avenue and Duckwood Drive. Q. Project 738, order feasibility report (Rocky Lane/Civic Arena Parking). It was recommended to authorize the preparation of a Feasibility Report for Project 738 (Rocky Lane/ Civic Arena Parking - Street Improvements). OtAj36 EAGAN CITY COUNCIL MEETING MINUTES; APRIL 21, 1998 PAGE5 R. Extension for recording Kingswood Ponds 2nd Addition - Horne Development. It was recommended to approve an extension until June 1, 1998 for recording the final subdivision of Kingswood Ponds 2nd Addition located west of Pilot Knob Road and Wescott Road in the SE Quarter of Section 16. S. Award contract - Fire Administration project, special testing. It was recommended to award the contract for the Fire Administration Project's special testing to the firm McGhie and Betts as presented. T. Approve contract, Airliner and Spruce Motels, public safety training. It was recommended to approve contracts with Phil, Ann and Siok-Kung Kor and Wispark to permit public safety training to occur at the properties prior to building demolition. U. Approve contract with the Dakota County Sentence to Serve Program. It was recommended to approve a contract with Dakota County for the provision of Sentence to Service work crews during the period of April 1, 1998 to March 31, 1999. V. Receive petition/order public hearing - easement vacation (Eagandale Center Industrial Park No. 9). It was recommended to receive the petition to vacate a drainage and utility easement within Lots 2 and 3,Eagandale Center Industrial Park No. 9, and schedule a public hearing to be held on May 19,1998. W. Order resolution requesting Commissioner of Transportation approval of Municipal State Aid (MSA) 98-42 street designation (Bluewater Drive). It was recommended to order a resolution requesting the Commissioner of Transportation's approval of Municipal State Aid Street (MSA) street designation for the proposed Bluewater Drive. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the consent agenda. Aye: .5 Nay: 0 ADMINISTRATIVE AGENDA CORRESPONDENCE,/CINDY PETERSON City Administrator Hedges provided an overview on this item noting that Ms. Peterson submitted a letter expressing concerns about the increased noise level of traffic from I-35E in her neighborhood. Cindy Peterson, 3950 Riverton Avenue, stated that she has a list of residents in the area who are also concerned about the noise levels. She mentioned that since construction on the new development began there has been an increase in the noise level. Senior Planner Ridley said that in an R-1 subdivision the City does not require landscaping, but in the case of Murphy Farm the developer will be planting a streetscape. He added that more trees will buffer the residences from the freeway to some degree. City Administrator Hedges stated that there is no capital improvement plan by the City for any noise attenuation in the area. He added that MnDOT has strict rules on the construction of sound barriers and this would result in a total cost to the community. He said that staff could talk to MnDOT and review possible options. Councilmember Wachter suggested placing a sound monitoring device in the area to determine the decibel rating. Councilmember Awada stated that as more houses are constructed in the development the noise will decrease. City Administrator Hedges noted that staff would be in contact with the Petersons. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 21,1998 0013 PAGE 6 PUBLIC HEARINGS PROJECT 733, MCKEE ADDITION - STREET IMPROVEMENTS City Administrator Hedges provided an overview on this item. City Engineer Matthys introduced Tom Sohrweide of Short, Elliott, Hendrickson, who discussed the details of the project. Mayor Egan opened the public hearing to anyone wishing to speak. A resident of 1040 McKee inquired about the affect of the project on the right-of-way, the problem with the sewer and water and if sidewalks are being included as part of the project. City Engineer Matthys stated that the plan is to reconstruct the street at its current width so the least amount of right-of- way will be disturbed. He then explained the typical improvements to sanitary sewer and water that are done when a street is reconstructed and stated that no sidewalks are being included as part of this project. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. Councilmember Awada stated that about five years ago the Council went through the sound insulation process to determine whether the homes in this area should be insulated or bought out. She said that a decision was made at that time to insulate the homes and the Comprehensive Guide was then changed to residential from industrial. She further said this is the last step of the long-term strategy for this neighborhood. Councilmember Wachter moved, Councilmember Awada seconded a motion to close the public hearing and approve Project 733 (McKee Addition - Street and Utility Improvements), and authorize the preparation of detailed plans and specifications. Mayor Egan commented that this public hearing not only affects the McKee Addition but also the entire community. He explained the City's Pavement Maintenance Program was adopted in 1989. He said the Council was trying to come up with a fair and equitable way of ensuring that every property owner in the City pays their fare share of improvements. He identified various pending improvement projects in the City. He mentioned that the bids on the improvement project for Wilderness Run 5th and 6th Addition came in 20.9% below the estimate, which resulted from teamwork by staff and the Council. He said this results in savings that are passed on to property owners. He referenced a petition signed by the residents in that subdivision in support of the overlay project and the estimated cost. He also referenced that the pending assessment roll for the Oak Chase neighborhood was modified to reflect the actual costs of the bids which were 30% below the estimated cost. He said he thinks that the street reconstruction program will appear in history as being one of the most successful programs. He stated that an appraisal conducted on a property in the McKee Addition has indicated that the City can probably assess up to $2,500 to each property and the City will also share in the project cost. He further stated that if the City of Eagan does not take advantage of the opportunity to assess the benefited property owner it results in several implications, such as the general taxpayer having to bear the cost and those property owners who have already paid for an improvement will have to pay a second time. He referenced an open informational meeting on winter trail maintenance that will be held on May 4 and commented on the process and the costs of trail maintenance. Councilmember Awada stated that it is not enjoyable as a Councilmember to vote for assessments, but it is even less enjoyable to vote for them when there are other Councilmembers saying that those who vote in favor of assessments are bad. She added that if the policy was changed it would result in an increase to taxes of about 20% and those property owners who have already paid for improvements will have to pay twice. A vote was taken on the motion. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) EAGAN CITY COUNCIL MEETING MINUTES; APRIL 21, 1998 PAGE 7 OLD BUSINESS REQUEST BY DENMARK AREA RESIDENTS TO ADDRESS THE AQUATIC FACILITY PROJECT City Administrator Hedges provided an overview on this item. Larry Christensen, 3896 Denmark Avenue, stated that he was representing a group of Eagan residents who live adjacent to the proposed aquatic facility and are opposed to the proposed location. He said that a petition was submitted asking the Council to reject the location. Several residents from the area surrounding the facility spoke in opposition to the project. They were concerned with the proposed location and disruption to the serene library setting, lack of public notification and information, project scope, loss of trees, impact to the adjacent residents, increased traffic and noise, lack of noise monitoring, insufficient parking, foot traffic cutting through private property, use of facility by non-Eagan residents, safety of children, cost and how the facility will be paid for, and the lack of a referendum to decide the issue. Mr. Christensen suggested the Council choose an alternate site, an alternate facility or possibly separate the types of water uses into two different facilities. Mayor Egan commended the neighborhood for their organization and professionalism. City Administrator Hedges provided an analysis and chronology of events to-date involving the conception of an aquatic facility. He noted that the City Council toured a number of sites for the location of an amphitheater in the City and the Municipal Center Campus was chosen as the most appropriate site. He added that the consultant, Water Technology, Inc., also determined that this was a good site for the facility. He addressed the problems associated with notifying residents. He stated that when the City purchased this property a community center was envisioned. Director of Parks and Recreation Vraa noted that the City hired a consultant to review the site and the feasibility of locating a water facility on it. He added that all four respondents to the Request for Proposal felt this was an ideal site. He mentioned that he recently visited similar facilities in other locations. He noted that cities typically try to locate water facilities in residential areas. He addressed the traffic and safety issues, removal of trees, buffering of residences, noise factors and number of staff who will operate the facility. City Engineer Matthys addressed the traffic capacity of Denmark and Wescott. Vraa discussed how much traffic is anticipated to be generated by the facility. Mayor Egan commented on the alternatives suggested by Mr. Christensen. He stated that a great deal of thought went into the selection of this site. City Administrator Hedges added that one of the reasons the site was chosen is because of the central location in the City and to the trail system, shared parking is available, and the proximity of the Police Department makes it ideal for protection of the facility. Councilmember Masin requested that residents provide feedback and suggestions for improving notification to the public. She stated that Eagan needs a gathering place for individuals and families. She said that she felt the process the Council went through in determining the feasibility of an aquatic facility was flawed adding that the advisory commissions are usually given direction by the Council to study the issue and a citizens' task force then provides further review followed by a referendum. She further added that the Council did not have an intense review of this process and did not explore other options. She stated that she did not think an aquatic facility was going to be located on the Municipal Center Campus after the construction of the ice arena and wading pool. She said this facility is not geared toward competitive activities and more planning should be undertaken. 00138 EAGAN CITY COUNCIL MEETING MINUTES; APRIL 21,1998 PAGE 8 00139 Councilmember Wachter stated that he appreciated the large turnout and added that he wished they had turned out for the informational meetings on March 4 and 10. He mentioned that the City donated the land for the library site. He noted that no additional landscaping was installed by the County on the library site. He added that the Council conducted a tour of other sites. He noted that the overwhelming support of the wading pool prompted the Council to move forward on the aquatic facility. He addressed the safety concerns regarding traffic and crossing Pilot Knob Road. He stated that most all the people at the hearings on March 4 and 10 were enthusiastic and perhaps at the next Council meeting they could come and reaffirm their support. Councilmember Masin questioned the lack of documentation supporting the various sites that were given consideration. Councilmember Wachter stated that all the Councilmembers took a tour of various sites and this was the most suitable location. Councilmember Awada added that the Council looked at potential sites in conjunction with the amphitheater and the reason they did not conduct a six- month study was because it was always believed that a use such as an aquatic facility would be located on the Municipal Center Campus. She said that building the facility on another site would add approximately $1 million to the cost and that would not be fiscally responsible. She added that the idea of this site never developing is unrealistic. She addressed the perceived concerns of the residents such as noise, traffic and walkers cutting through private property and said that the concerns will be taken under advisement by the Council. Mayor Egan stated that the County was given ten acres by the City and were aware of the variety of uses proposed for the remainder of the 40 acre site. He added that it would be reckless and irresponsible to acquire this land and not follow through with the planned uses. He said there is strong support for the facility noting that the process may not have been perfect. Further discussion occurred regarding traffic concerns and site location. Mayor Egan stated that there has not been one question, comment or concern raised that is not valid. He further stated that each one will be addressed but probably not to everyone's satisfaction. He referenced the survey conducted by the Wallace Group and the overwhelming response for a swimming pool. He noted that the facility will be funded out of the Community Investment Fund which is a fund that was designated for various uses that serve to benefit the whole community. He further noted that there was no lack of effort on the City's part to notify the public. He added that 85% of those people who voluntarily contacted City Hall were in favor of the facility. Councilmember Blomquist commented that she did not hear any of the residents indicate they do not want a swimming pool but the consultant has presented a very large facility that encroaches onto the County's property and impacts the residences adjacent to the facility. She also commented that the cost is significantly higher and added that she was concerned about using all the money in the Community Investment Fund. She noted that she thought this site was slated for a pool but not a facility this large. Councilmember Wachter stated that the Council will try and address the concerns and fears of the residents. PROJECT 741, APPROVE PROJECT (THOMAS LAKE OUTLET MODIFICATION AND PONDING EASEMENT ACQUISITION) AND AUTHORIZE THE PREPARATION OF PLANS AND SPECIFICATIONS City Administrator Hedges provided an overview on this item. Brian Nelson, 4465 ChesMar Circle, stated that the residents of the East Thomas Lake Association applaud the Council's efforts to incorporate permanent modifications to West Thomas Lake and questioned the intention and benefits of retaining water upstream for longer periods of time. He said they feel the acquisition of easements is premature without completing the Comprehensive Storm EAGAN CITY COUNCIL MEETING MINUTES; APRIL 21,1998 PAGE 9 00140 Drainage and Sanitary Sewer Plan. He added that acquiring the easements will decrease property value on East Thomas Lake, affect wildlife and waterfowl habitats, cause tree damage and loss of access to East Thomas Lake Park. He questioned ways to stop backflow from West Thomas Lake into East Thomas Lake, how to get the water out of West Thomas Lake and why water is being pumped from Carlson Lake into East Thomas Lake. He showed photographs of some houses where water was backed up to the decks. Mayor Egan inquired why staff is asking the property owners to dedicate easements prior to the completion of the Comprehensive Plan. City Engineer Russ Matthys explained that as a result of significant rainfall last summer a claim was submitted to the City from a resident along East Thomas Lake regarding damage to their property. He noted that the City's insurance company found in favor of the claimant because the City did not have an easement for this water. He further noted that at the time the property was platted around East Thomas Lake there were no drainage easements established. He discussed the elevation established by the DNR and the classification of East Thomas Lake as a public water body. He also discussed how drainage is handled by storm sewer lift stations within the City of Eagan. He said the purpose of acquiring easements is so that when a bounce occurs the City will have the legal right to have the water temporarily go to a higher elevation. He said the City's insurance company strongly encouraged them to acquire easements. Mr. Nelson stated that East Thomas Lake is being used as a thimble to drain over 4,000 acres of drainage. He said there needs to be some modification as to how the water is drained out of West Thomas Lake prior to easement acquisition. Mayor Egan said that he was concerned about the water level coming up to the foundations of some homes. Councilmember Blomquist stated that there needs to be a solution to drainage from West Thomas Lake and Carlson Lake flowing into East Thomas Lake. Mayor Egan noted that more work should be done on the Comprehensive Plan before any easements are acquired. Councilmember Masin said she was concerned that the City is deliberating putting the water onto these properties. Councilmember Wachter stated that the Comprehensive Plan should be completed. He questioned why the water could not be moved from West Thomas Lake to another water body. Discussion occurred regarding the improvements that will be made as a result of approving Project 741. Michelle Guion, Lakeside Drive, said she does not think easement acquisition will resolve the problem. Matthys indicated that review of the Comprehensive Plan will provide an analysis of the City's storm water system and stated that it was evident that the Council would like the plan to address the bounce of the water elevations within water bodies in addition to storage capacities. Councilmember Wachter stated that this situation should be resolved soon. Matthys added that part of the improvements are already in process. Mr. Guion noted that there is federal flood insurance available to homeowners if the homeowner's policy does not cover flood damage. Councilmember Wachter moved, Councilmember Blomquist seconded a motion to approve Project 741 (Thomas Lake Outlet Modification) and authorize the preparation of detailed plans, deleting the part of the item referring to ponding easement acquisition. Aye: 5 Nay: 0 (Councilmember Awada was absent) Councilmember Awada left the meeting at 9:50 p.m. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 21,1998 PAGE 10 NEW BUSINESS CONSIDER REVISION TO DEVELOPMENT AGREEMENT (EAGAN HEIGHTS TOWN HOUSES 1ST & 2ND ADDITIONS - COMPLETION DATES) City Administrator Hedges provided an overview on this item. Councilmember Masin moved, Councilmember Wachter seconded a motion to approve request for revision to the Development Agreement (Eagan Heights Townhomes 1st and 2nd Additions). Aye: 4 Nay: 0 Councilmember Awada returned to the meeting at 10:00 p.m. REZONING & PRELIMINARY SUBDIVISION- ROYAL OAKS REALTY City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report noting that several letters were received in regard to this subdivision and the proposed street extensions. Mike Black, representing Royal Oaks Realty, identified the four remaining issues of storm runoff from the northerly cul-de-sac, creating an outlot for Lot 38, extension of 16" watermain and the improvement of Wescott Hills Drive as a condition of approval. Mayor Egan stated he did not feel there were any compelling reasons to connect Wescott Hills Drive to the south. Councilmembers concurred. Mayor Egan also stated that there were no compelling reasons to connect Shade Tree Court to the east. Councilmembers also concurred. south. Lee Bennett, 837 Great Oaks Trail, was opposed to the connection of Wescott Hills Drive to the City Engineer Matthys addressed the need for the 16" watermain extension and noted that the developer could request a public improvement that would then be assessed by the City against all benefiting properties. Mr. Black was concerned about the additional cost that would be placed on their development to extend the watermain in such a circuitous fashion. Senior Planner Ridley commented about the piecemeal development in the area that has led to the unusual alignment of this watermain. Ken Greene, developer of Verdant Acres and Verdant Hills, explained to the Council the alignment of the 16" watermain through his property. Councilmember Wachter stated that plans were made ten years ago and now they are not being implemented and this is being done in a piecemeal fashion. Mayor Egan said he was comfortable with the Planning Commission's recommendation of deleting the condition requiring the watermain extension. Councilmember Awada questioned the City's ability to assess the ultimate extension. Bryce Thorpe, co-applicant, requested clarification on the existence of an existing easement from the watermain stub to Wescott Hills Drive. Mayor Egan said he does not want to predetermine how the Hesse property will develop. He further said he tends to support the extension of the watermain at a future date. He commented on correspondence received from the Thorpe family regarding the request for a second NURP pond. . Matthys explained staff's recommendation had been revised to concur with the request of a second NURP pond, but added the recommendation to vacate the existing off-site easement and establish a new easement at the high water mark. Mr. Thorpe explained that hydrologic calculations has shown that the 00141 EAGAN CITY COUNCIL MEETING MINUTES; APRIL 21, 1998 PAGE 11 amount of runoff into this pond will be less than what is occurring present day and questioned the need for a larger easement. Rachel Thorpe-Newman also questioned the need for an expanded easement. Councilmember Wachter said there were no issues with other similar ponding areas in the City. Mayor Egan concurred. Mayor Egan questioned if the outlot issue could be resolved with the development contract. City Attorney Sheldon indicated that language could be included that will restrict the building on or sale of Lot 38 prior to utilities being available. Councilmember Awada stated that the street name Hawthorne Court should be changed to avoid confusion with Hawthorne Woods and she also questioned the scope of the Wescott Hills Drive upgrade in relation to the need for the improvement to extend no further south than the golf course access. Ray Rahn, owner of Carriage Hills Golf Course, referenced potential access to Duckwood Drive for the City Council's consideration. Mayor Egan stated that if Wescott Hills Drive is improved it would be necessary to assess the benefited property owners. Mr. Thorpe asked if final subdivision approval will be contingent upon the upgrade of Wescott Hills Drive. Mr. Black questioned the City's authority to place such a condition upon their preliminary subdivision approval. City Attorney Sheldon stated that the City has the authority to do so because the developer is required to have improved access to his subdivision. Mayor Egan stated the Council has agreed with many of the developer's request that are contrary to staff's recommendations and it would not be appropriate to have public access to this subdivision via a gravel road. Mr. Black asked if the City would initiate the project or if it would need to be petitioned. City Engineer Matthys explained the difference between a City initiated improvement and a petitioned improvement representing at least 35% of the affected property owners. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a Rezoning from A (Agricultural) to R-1 (Single Family) on 18 acres located on the east side of Wescott Hills Drive, south of Yankee Doodle Road in the NE 1/4 of Section 14. Aye: 5 Nay: 0 Councilmember Awada moved, Mayor Egan seconded a motion to approve a Preliminary Subdivision (Royal Oaks) consisting of 38 lots for single family development on 21.4 acres currently platted as Lots 1 and 2, Block 3 Wescott Gardens Lots and Outlot A, Thorpe Woodland Gardens, located in the NE 1/4 of Section 14, subject to the following conditions: Standard Conditions The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3,1993: B1, B2, B3, B4, C1, C2, C3, D1, El, F1, G1, H1 General Conditions 2. The property shall be platted. 00142 Grading/Storm Drainage/ Utilities/ Streets EAGAN CITY COUNCIL MEETING MINUTES; APRIL 21, 1998 PAGE 12 00143 3. A storm sewer system to provide an outlet for the wetlands, as well as the west portion of the Shade Tree Court street drainage, shall be constructed as part of the Wescott Hills Drive street upgrade. 4. Lots 4 and 38 shall not be built upon until sanitary sewer and watermain service is readily available for connections. 5. The Wescott Hills Drive public improvement upgrade project shall be approved by the City Council prior to final subdivision approval for this development. 6. Private driveway easements shall be provided for Lots 19-22. 7. The developer shall petition the City to vacate Cedar St. and Center St., and that vacation shall be complete prior to final subdivision approval. Water Quality and Wetlands This development shall meet water quality treatment requirements with on-site ponding to the maximum degree practicable. A supplemental cash dedication should be required for that portion of the site draining to the west that will not be routed to an on-site detention basin. 9. All detention basins shall be constructed according to the City's Standards for Detention Basin Design, and have skimmers of acceptable design to the City installed on the pond outlets. 10. Total wetland fill on the site shall be limited to 2,000 square feet or less in the wetlands designated as Ponds 4 and 5 on the grading plan. As per the de minimus provisions of the Wetland Conservation Act, no mitigation will be required provided wetland fill impacts do not exceed this figure. 11. A buffer within which grading or vegetation clearing is prohibited shall be established 30 feet back from the delineated edge of wetlands associated with Pond 3 and Pond EP 2.2 as designated on the grading plan. The only exception to this provision should be the disturbance related to installation of the discharge pipe from Pond 2 to Pond EP 2.2. Tree Preservation 12. The developer shall be required to install tree protective measures (i.e. 4 foot polyethylene laminate safety netting) at the Drip Line or the perimeter of the Critical Root Zone, whichever is greater, of all significant trees/woodlands to be preserved. No grading, construction activity, or storage of materials shall occur within this fenced area. 13. The developer shall contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approve Tree Preservation Plan. 14. Individual lot tree preservation plans shall be required at the time of building permit application for lots 1, 2, 4-9, 19-22, 28, 30, 31, and 33-38. Parks and Recreation 15. This development shall be subject to a cash dedication for parks and trails. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 21, 1998 PAGE 13 Airport Considerations 00144 16. Architectural designs and construction methods for new construction within the development would incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with the level at the innermost boundary of the contour. This would require an inside noise level reduction of at least 20 dBA. Aye: 5 Nay: 0 Councilmember Awada moved, Mayor Egan seconded a motion to order the preparation of a feasibility report if 35% of the affected property owners signatures are received on the petition. (The petition was submitted shortly after the discussion of this item was concluded.) PROJECT 669, AUTHORIZE OFFICIAL MAPPING OF RING ROAD (NORTHWOOD PKWY. ALIGNMENT) City Administrator Hedges provided an overview on this item. City Engineer Matthys gave a staff report. Larry Wenzel, owner of Glen Pond Apartments and Lot 1, Block 2, Effress Addition, stated that he is concerned that the proposed ring road alignment will impact his ability to complete Phase II of Glen Pond Apartments and will ultimately cause him to reduce the project by 180 units resulting in a loss of $11 million worth of tax base. He suggested that the ring road be aligned with Marice Drive. City Engineer Matthys indicated that according to state statute the City is entitled to designate and reserve land with a formal survey for any land that is needed for a future roadway improvement. He said if the Council desires to follow the current Comprehensive Guide Plan that includes the Northwood Parkway extension across I-35E, it would be appropriate to authorize the preservation of this corridor through Mr. Wenzel's property by preparing an official map of the proposed roadway. He further indicated that if the Council chooses not to preserve the corridor and allow Mr. Wenzel to continue with his plans for construction of the second phase of Glen Pond Apartments the Council should amend the Comprehensive Guide Plan and remove the Northwood Parkway overpass from the ring road design concept. He addressed the rationale for the current alignment of the proposed ring road and the purpose of the County's spacing guidelines. Councilmember Awada stated that the proposed alignment is compatible with High Site Drive. Mayor Egan said he would rather try and work with Mr. Wenzel than to jeopardize the ring road. Mr. Wenzel asked what his next move should be and mentioned that he has already ordered the topography on the site which will be ready this week and questioned if the City of Eagan would be interested in buying his property. Mayor Egan stated that the City would have to pay fair market value for his property and suggested Mr. Wenzel discuss the matter with staff. He added that the intent of constructing a ring road is to design a functional road that serves a valid purpose and not just for placing a roadway across the freeway. Councilmember Awada moved, Mayor Egan seconded a motion to authorize the Official Mapping of the segment of the Ring Road concept between Pilot Knob Road and Interstate 35-E and direct staff to negotiate acquisition of the Wenzel property. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) Councilmember Blomquist stated that she abstained from voting on this item because she did not previously work on it and would like to study the matter further. 00145 EAGAN CITY COUNCIL MEETING MINUTES; APRIL 21,1998 PAGE 14 LEGISLATIVE,/INTERGOVERNMENTAL AFFAIRS Mayor Egan noted that an Executive Session would be held following the regular meeting. ROUND TABLE City Administrator Hedges noted that an opinion was received from the Commissioner of Administration regarding the appraisal process the City uses to determine assessments. He added that he would need direction from the City Council on the outcome of this conclusion. He further added that the item could be scheduled for the next Council work session. He mentioned that the City Council agenda is now available on the City's web page. He commented on the number of people who have accessed the web site to date. Councilmember Awada stated that City Councilmembers' business cards need to be updated changing the area code to 651 effective in July. Mayor Egan commented on the change in the City's fire insurance classification from a Class 5 rating to a Class 3. Councilmember Masin asked about the availability of putting the Council agendas on the cable channel. City Administrator Hedges noted that staff is still working on that. Councilmember Masin commended staff for conducting the informational meeting with the Ashbury area residents. She noted that the people were very impressed with the amount of time staff spent with them discussing the matter. Councilmember Blomquist indicated she had a couple of items she would discuss at a later date with the City Administrator. CHECK REGISTER Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register dated April 16, 1998 in the amount of $1,503,899.47. Aye: 5 Nay: 0 ADJOURNMENT The meeting adjourned at 11:40 p.m. to an Executive Session for the purpose of discussing the status of pending litigation. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin and Blomquist, City Administrator Tom Hedges, Senior Planner Mike Ridley, City Attorney Jim Sheldon and Attorney John Baker of the law firm Greene Espel. April 21, 1998 Date MLK 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.