Loading...
11/02/1993 - City Council Regular 00377 MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota November 2, 1993 A regular meeting of the Eagan City Council was held on Tuesday, November 2, 1993, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin, and Hunter. Also present were City Administrator Tom Hedges, Community Development Director Peggy Reichert, Director of Public Works Tom Colbert, and City Attorney James Sheldon. City Administrator Hedges recommended the addition of Consent Item I, Final Plat, Town Centre 70 - Sixteenth Addition. In addition, the recommendation was made to handle New Business Item C, Waiver of Plat for Lyman Development Company, immediately following Public Hearing Item A, for the vacation of drainage & utility easements over Lot 33, Block 1, Weston Hills & Lot 1, Block 1, Weston Hills 2nd. Wachter moved, Masin seconded, a motion to approve the agenda for the November 2, 1993, regular City Council meeting as amended. Aye: 5 Nay: 0 PA"Iffimn Mayor Egan asked that the motion in the minutes of the October 19, 1W3, regular.City Council meeting regarding the Group Home on Lot 5, Meadowview Addition, be clarified: Page 11, Paragraph 7: "Masin moved, Wachter seconded, a motion to maintain the existing zoning and refer to the Advisory Planning Commission consideration of an interim use permit for a group home on Lot 5, Meadowview Addition, subject to the following conditions and any other reasonable conditions determined appropriate for consideration by the APC:" Hunter moved, Wachter seconded, a motion to approve the minutes of the October 19, 1993, regular City Council meeting as amended. Aye: 5 Nay: 0 Wachter moved, Awada seconded, a motion to approve the minutes of the October 5, 1993, special City Council meeting as amended. Aye: 5 Nay: 0 Awada moved, Hunter seconded, a motion to approve the minutes of the October 25, 1993, special City Council meeting as presented. Aye: 5 Nay: 0 POLICE DEPARTMENT/LARRY BILLMEYER Boy Scout Leaders Len Laage and Gary Johnson presented a plaque to Investigator Larry Billmeyer in recognition of his efforts on behalf of the bike safety program. Mayor Egan, speaking for the City Council, added the City's appreciation and congratulations on a very successful program. PARKS & RECREATION DEPARTMENT/OAK WILT UPDATE After introduction by Director of Parks & Recreation Ken Vraa, Forestry Supervisor Gregg Hove presented a brief update to the City Council on the City's tree disease program and new approaches to PAGE 2/EAGAN CITY COUNCIL MINUTES November 2, 1993 woodlands management. Mr. Hove then answered questions from the City Council regarding oak wilt, root disruption, infrared stereoscoping and disposal of diseased wood and bark. With the approval of the agenda, Item I, Final Plat, Town Centre 70 - Sixteenth Addition, was added to the Consent Agenda. A. Personnel Items Item 1. It was recommended that Joanna Foote be approved as the Communications/Recycling Coordinator. B. Resignation. Airport Relations Commission Member It was recommended that the resignation of Barb Boelter from the Airport Relations Committee be accepted and consideration of a replacement continued to the Organizational Meeting in January. C. Contract 92-8. Change Order #4 & Final Payment. Blackhawk Park It was recommended that Change Order #4 in the amount of $1,406 be approved and the completion of Contract 92-8 by Bituminous Roadways, Inc., for Blackhawk Community Park accepted. D. Resolution and Findings of Fact. Denial of Comprehensive Guide Plan Amendment for Kerr Addition/Shea Architects It was recommended that a resolution and findings of fact denying a comprehensive guide plan amendment for the Kerr Addition/Shea Architects be approved as presented. R-93.80 E. Authorize Re-Publication. Outdoor Storage Ordinance Amendment It was recommended that re-publication be authorized of the previously approved outdoor storage ordinance amending City Code, Chapter 11, as presented. F. Approve Change Order #1. Contract 93-08. (Woodlands North 3rd Addition) It was recommended that Change Order #1 to Contract 93-08 (Woodlands N. 3rd Addition - streets & utilities) be approved and the Mayor and City Clerk authorized to execute all related documents. G. Approve Modification & Amendment of Easement Agreement (Lot 16. Block L Prettyman Heights Addition It was recommended that the Modification and Amendment of Easement Agreement be approved for Lot 16, Block 1, Prettyman Heights, and the Mayor and City Clerk authorized to execute all related documents. H. Project 667. Receive Petition/Authorize Feasibility Report (Cedarvale Drive - Street Improvements) It was recommended that the petition for Project 667, Cedarvale Drive, be received and the preparation of a feasibility report authorized. PAGE 3/EAGAN CITY COUNCIL MINUTES November 7, 1993 1. Final Plat. Town Centre 70 - Sixteenth Addition It was recommended that the final plat for Town Centre 70 - Sixteenth Addition abe approved. R-93.81 Wachter moved, Masin seconded, a motion to approve the Consent Agenda as amended. Aye: 5 Nay- 0 VACATE DRAINAGE & UTMM EASEMENT/WE„STON HILLS Mayor Egan introduced this item as vacate drainage & utility easements, Lot 33, Block 1, Weston Hills & Lot 1, Block 1, Weston Hills 2nd. Director of Public Works Colbert referenced the location and explained that this vacation was being requested because of a shift in the lot line to the northeast. Changing the lot line requires the approval of a vacation of the existing drainage and utility easement and is subject to the dedication of a new easement over the new lot line. Mr. Colbert noted that no objections had been received. Because the property owner has also requested a waiver of plat involving this property, Mr. Colbert recommended that the Council close the public hearing but continue consideration of the vacation until after action is taken on the waiver of plat. Steve Ryan, representing Lyman Development, was present to answer any questions. Awada moved, Masin seconded, a motion to close the public hearing and continue consideration of the vacation of drainage and utility easements as described for Lot 33, Block 1, Weston Hills, and Lot 1, Block 1, Weston Hills 2nd Addition, until after Council action is taken on the property owner's request for a waiver of plat. Aye: 5 Nay- 0 WAIVER OF PLAT/LYMAN DEVELOPMENT COMPANY Mayor Egan introduced this item as a waiver of plat for Lyman Development Company, in order to split a portion of Lot 33, Block 1, Weston Hills, and combine it with Lot 1, Block 1, Weston Hills 2nd Addition, located along the west side of Bristol Boulevard in the NE 1/4 of Section 36. Steve Ryan, representing Lyman Development Company, was present and stated that the waiver was prompted by a mistake in the original layout of the lots. Hunter moved, Masin seconded, a motion to approve the waiver of plat for Lot 33, Block 1, Weston Hills Addition, and Lot 1, Block 1, Weston Hills 2nd Addition, subject to the six conditions recommended by the Advisory Planning Commission and contained in the staff report: L Recording of the waiver of plat within 60 days of Council action with documentation provided to the City. 2. Building permits shall not be issued until the waiver of plat' is recorded. 3. The 20' wide drainage and utility easement along the south property line of Parcel A and the 55' wide drainage and utility easement along the west property line of parcels A and B shall continue to be dedicated with the Waiver of Plat. 06:350 PAGE 4/EAGAN CITY COUNCIL MINUTES November 2, 1993 4. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. 5. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary, accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 6. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. R-93.82 Aye: 5 Nay. 0{y~?{y¦¦~y;(}~~~ :•:Y:•':'•ii};.yiiiiiiiiii:4iiiiY.•ii: ii:•:4:•ri{.iiii:•. . w:: i:.... VACATE DRAINAGE & UTILITY EASEMENT/WESTON HILLS Vacate drainage & utility easements, Lot 33, Block 1, Weston Hills & Lot 1, Block 1, Weston Hills 2nd. Awada moved, Masin seconded, a motion to approve the vacation of drainage and utility easements as described for Lot 33, Block 1, Weston Hills, and Lot 1, Block 1, Weston Hills 2nd Addition. Aye: 5 Nay. 0 PROJECT 658/CEDARVALE - STREETLIGHTS Mayor Egan introduced this item as Project 658, Cedarvale - streetlights. Director of Public Works Colbert explained that a petition was received from five property owners regarding preparation of a feasibility report to consider the installation of streetlights along Cedarvale Boulevard and Beau D'Rue Drive in the Cedarvale area. Mr. Colbert stated that while the petition did not constitute 35% of the property owners as is the usual procedure, the streetlights are considered important to the Cedarvale area and a feasibility report was authorized. Mr. Colbert said that the costs incurred so far are $4,800. Howard Sanford of Bonestroo, Rosene, Anderlik & Associates, explained the scope of the report involving three lighting schemes for the area. Mr. Sanford described the schemes and their costs ranging from Scheme 1 with no capital costs to Schemes 2 and 3 which have capital costs estimated on a per acre basis; all would have a quarterly utility charge. Gary Morgan, representing the Eagan Chamber of Commerce and the Cedarvale businesses, stated that the obvious choice of the business owners was Scheme 1 with no capital costs except for power. He advised that the Cedarvale businesses are also working on a special service district for signage and have indicated they can afford one or the other (lighting or signage) but not both. Mr. Morgan indicated the businesses are hopeful the lighting can be installed yet this month. Scheme 3 was determined to be the most costly option of the three choices; however, a number of questions were asked regarding Scheme 2 which has initial costs but much lower quarterly utility rates. Mr. Sanford explained that Scheme 2 would have brighter lighting at side street intersections and entrances to the business areas but much dimmer lighting between those points. This, added to the knowledge that the businesses are in a better position to pay a smaller amount quarterly than a higher initial cost, makes Scheme 1 the most attractive. Councilmember Hunter asked how, without assessable project costs, would the feasibility study be paid. Director of Public Works Colbert stated that normally the costs of preparing the feasibility report are considered 0C, 3l PAGE 5/EAGAN CITY COUNCIL MINUTES November 2, 1993 part of the indirect costs and added to the assessable costs spread between the assessed properties. Since the scheme being requested by the businesses has no capital costs and no assessments, he suggested that either the City assess the costs to the benefitting properties on a per acre basis or consider the costs part of the investigation for streetlights in the Cedarvale area and charge them to the streetlight utility fund. For Council's information, 56 assessable acres were noticed. Gary Morgan said it may be appropriate to pay all or part of the assessments out of grant money available to or funds raised by the Cedarvale businesses. Councilmember Awada stated that rather than use those funds, it may be preferable to assess the relatively low costs to each property for the study. Councilmember Hunter agreed that assessment may be a more equitable approach to payment of the costs. City Administrator Hedges suggested the City proceed with the assessment and then the businesses could make the determination as to whether they wished to pay the costs in their entirety or allow them to be assessed. Director of Public Works Colbert recommended, because of the small amount, that any assessments be spread over three years rather than ten. A number of questions still remained as to the reasons there were no initial costs involved with Scheme 1. Mr. Morgan explained that Scheme 1 involves a Northern States Power program referred to as "alley" lighting. He said NSP installs the lamps on existing poles more as a public service and then recoups their costs over a period of time through the utility fee. In the case of Cedarvale, Mr. Morgan indicated that the main purpose of installing the additional lighting is not so much to illuminate the area as to let people know the businesses are there. He said the first step is to improve the Cedarvale business climate and then eventually change to a more decorative lighting concept. Hunter moved, Wachter seconded, a motion to close the public hearing, approve Project 658, Scheme 1 (Cedarvale Boulevard & Beau D'Rue Drive - streetlights), authorize a contract with NSP for their installation, and prepare an assessment roll for all costs including feasibility report costs to be spread over three years. Aye: 5 Nay. 0 FINAL ASSESSMENT HEARING/DELINQUENT BILLS Mayor Egan introduced this item as a final assessment hearing for delinquent weed cutting and miscellaneous bills. City Administrator Hedges explained the assessment roll. There was no one in the audience who wished to address the issue. Awada moved, Hunter seconded, a motion to close the public hearing and approve the final assessment roll for delinquent weed cutting notices and miscellaneous bills and authorize certification to the County for collection. Aye: 5 Nay. 0 VARIANCE/DON CHRISTENSON Mayor Egan introduced this item as a variance for Don Christenson, of 22 feet to the required 50' setback off Pilot Knob Road, located on Lot 4, Block 1, Buffer Hills in the SW 1/4 of Section 15. City Administrator Hedges advised that after this item was discussed at the last City Council meeting, it was the recommendation of the Director of Community Development that additional research be performed into the setbacks associated with Pilot Knob Road. Director of Community Development Reichert described the setbacks and noted that if the garage were placed closer to Fish Lake, that the right-of-way setback could be met. While she did not recommend that as an alternative, she suggested that between trying to meet the right-of-way and lake setbacks, a hardship could be established. 0 az PAGE 6/EAGAN CITY COUNCIL MINUTES November 2, 1993 Councilmember Wachter asked if there was any justification for the "jog" in the Pilot Knob right-of-way. Director of Public Works Colbert explained that the jog occurred when Buffer Hills was platted. The developers of that property dedicated right-of-way to the south property line but no further because they could not dedicate right-of-way over property they were not platting. At that point, the right-of-way reverted back to the old right- of-way. The jog will disappear when the parcel located on the west side of Pilot Knob Road develops and the right-of-way is dedicated. Councilmember Wachter said the parcel is unbuildable and unlikely to development. Mr. Colbert agreed, adding it will likely become all public right-of-way even though it exceeds half right-of-way requirements. Mayor Egan and Councilmember Awada indicated that because of the right-of-way, they would be willing to support the variance. Councilmember Hunter pointed out that the jog does not really exist because the property will eventually be platted, the right-of-way will be dedicated and no matter where the garage is placed, it will require a 22' variance. He stated the information did not change his original vote. Awada moved, Egan seconded, a motion to approve a variance request of 22 feet from the 50 foot setback on Pilot Knob Road to permit construction of a garage on Lot 4, Block 1, Buffer Hills, in the SW 1/4 of Section 15 subject to the following conditions: L The proposed garage shall meet a 1:1 slope footing depth setback requirement from the existing sanitary trunk line located along the north side of Fish Lake. 2. No outdoor storage of equipment shall be permitted. 3. All applicable City Codes shall be met. Aye: 3 Nay: 1 (Hunter) Abstain: 1 (Wachter) PRELIMINARY PLAT/NORWEST 3RD ADDITION Mayor Egan introduced this item as a preliminary plat for Norwest 3rd Addition/EPP Properties, consisting of one lot on 2.8 acres zoned Planned Development Limited Business within the Norwest Planned Development, and a variance to the City Code on-site parking requirement, located along the east side of Norwest Court, west of I-35E in the SE 1/4 of Section 10. City Administrator Hedges explained that the preliminary plat had been continued from the October 19 regular City Council meeting to further consider the building materials for the clinic. Director of Community Development Reichert provided background on the item and stated that after Planning and Building Inspections staff had looked at the same building in Burnsville, they found it to be attractive and noted that the materials are basically maintenance free. Ms. Reichert also indicated that staff is still researching the "bricks or better" policy. Councilmember Wachter said he could find nothing wrong with the product and noted its durability. Mayor Egan indicated there was little else to discuss since consensus had been reached on all other issues at the previous meeting. Gene Happe, the applicant, asked to highlight several photographs which illustrated the leaching problems they have had with bricks. He had photos of similar problems involving brick walls and pillars at the Municipal Center. Mr. Happe said he had contacted" the manufacturer about what should be used to clean the bricks and showed another photograph of how the leaner had taken the "face" and finish off the brick. Mayor Egan stated that the information would be considered in staff research on the bricks or better policy. Councilmember Wachter indicated that if the material used between the seams of the panels were the same as the "mud" they used, it would be less noticeable. Mr. Happe said they use matching caulk. Wachter moved, Awada seconded, a motion to approve a preliminary plat and variance of nine parking stalls for the Norwest 3rd Addition/EPP Properties located on one lot consisting of 2.8 acres zoned Planned PAGE 7/EAGAN CITY COUNCIL MINUTES November 2, 1993 Development Limited Business within the Norwest Planned Development subject to thirteen conditions set forth by the Advisory Planning Commission and four conditions set forth by the Advisory Parks, Recreation and Natural Resources Commission: 1. These standard conditions of plat approval as adopted by Council action on February 2,1993, shall be complied with. Al, B1, B2, C1, C2, C4, D1, E1, F1, G1, and H1 2. The applicant shall submit an overall sign plan for review and approval prior to final plat approval. 3. All landscaped and green areas shall be served by an underground irrigation system. 4. All trash and recycling containers shall be stored inside the building. 5. No rooftop mechanical equipment shall be visible from any public right-of-way. 6. A variance to allow nine fewer on-site parking stalls shall be approved. 7. The City shall approve 9' stall widths for all perimeter and garage parking. 8. The final grading plan shall included detailed plans and specifications covering the construction of the proposed retaining walls. 9. This development shall obtain the necessary easements and construct the secondary driveway access to Sherman Court prior to final plat approval. 10. All easements necessary for the looping of the watermain to Sherman Court shall be provided to the City in a recordable format in accordance with City requirements prior to final plat approval. 11. The development is required to provide a watermain connection from the existing 8" line along the southerly portion of the site to the existing watermain in Sherman Court. 12. Temporary construction/slope easements are required from the northerly adjacent property for grading and retaining wall construction prior to final plat approval, building permit issuance or grading permit issuance, whichever occurs first. 13. This proposal shall be subject to a cash parks dedication requirement. 14. This proposal shall be subject to a cash trails dedication requirement. 15. This proposal shall be subject to a cash water quality requirement based on changes to the surface runoff in pre and post conditions. 16. This proposal shall be responsible for mitigating the loss of significant trees and woodlands through the planting of 24 Category A, 91 Category B, and 182 Category C replacement trees. The trees will be in addition to any other landscaping requirements the City may have for this particular site. Mayor Egan indicated his willingness to support the variance because it only involves long-term parking stalls. Aye: 5 Nay. 0 PAGE 8/EAGAN CITY COUNCIL MINUTES November 2, 1993 OOK VARIANCE/CATHY RAUCHWARTER Mayor Egan introduced this item as a variance for Cathy Rauchwarter, of 12' to the 30' minimum setback from public right-of-way on Lot 1, Block 2, Mallard Park 3rd Addition. Director of Community Development Reichert reviewed the application and noted that on a comer lot, the sideyard setback is 30' to ensure that a corner house garage does not extend beyond the frontyard setback of the adjacent house around the comer. She noted that there is no home in that location from the Rauchwarter home because of a high line easement; however, she suggested the Council may wish to consider the aesthetics of placing a garage within the setback when other homes along North Woodgate Lane are set back 30' from the street. The applicant, Cathy Rauchwarter, indicated they presently have a workshop on the lower level of their home but because of concerns about noxious fumes, would like to move it to a heated garage. When it was suggested the addition would not require a variance if it were constructed behind the existing garage, Ms. Rauchwarter said they preferred not to disrupt that area and noted a manhole in the backyard. Director of Public Works Colbert stated the manhole was likely in the utility easement, or 25' to 30' behind the house. In answer to a question, Ms. Rauchwarter noted they had not spoken to their neighbors about the variance, however, most were aware of the plans and no one had objected. After the Mayor asked about the criteria in considering variance requests, City Attorney Sheldon advised that Council decisions are likely to be upheld if the standards they apply for determining hardship are consistent and their definition of hardship is not unreasonable. He added that problems occur when the Council changes its standards. Councilmembers Hunter and Wachter and Mayor Egan indicated their opposition to the variance since there appeared to be another location for the addition. Mayor Egan added that he did not believe the variance to be necessary to allow reasonable quality of construction and suggested it would negatively impact the neighborhood and would not enhance the lot. Councilmember Awada took an opposing view saying it would enhance the property and if Ms. Rauchwarter's neighbors did not object, she should be permitted to use the property as she sees fit. After brief additional discussion, Hunter moved, Wachter seconded, a motion to deny a variance of 12' to the required 30' setback on North Woodgate Lane for Lot 1, Block 2, Mallard 3rd Addition. Aye: 4 Nay: 1 (Awada) REZONING/BURNSVII,LE LUMBER Mayor Egan introduced this item as a rezoning for Burnsville Lumber Company, of approximately 2.7 AG (Agricultural) acres to an R-1 (Single-Family) district located along the south side of Four Seasons Drive and the west side of Slater Road in the SW 1/4 of Section 31. Director of Community Development Reichert explained the location and the application. Discussion took place as to the appropriateness of the process for this rezoning. The applicant, Scott Hilla, explained that they preliminary platted Whispering Woods in 1988 but have been rezoning and final platting the property in phases. They have been following this process because of the substantial difference in property taxes: an estimate of $30,000 in taxes versus $300 for each rezoning application. Mr. Hilla stated there have been no problems with the process and noted it has also given the City Council another opportunity to look at the development as it develops. He also mentioned that the preliminary plat is for all single-family and they would not be able to request rezoning to any other use. PAGE 9/EAGAN CITY COUNCIL MINUTES November Z, 1993 Councilmember Hunter expressed his disagreement with the process and asked what the City would do if it wished to change the density, for instance, after it had already been approved. Director of Community Development Reichert stated that once the preliminary plat is approved, the City cannot change it for one year. After that, however, the City may make changes as it deems appropriate. Councilmember Wachter asked whether the property had ever been green ac red. Mr. Hilla responded that, to his knowledge, it had not but could have been prior to his ownership of the property. Councilmember Hunter asked the City Attorney whether he saw any legal problems with this process. City Attorney Sheldon said he did not recall the transaction but even though Mr. Hilla believes he has single- family property, he has Agricultural property with a preliminary plat. Since that preliminary plat has expired, if the City Council decided that Mr. Hills does not have vested rights and if, in their opinion, they believe another zoning is more appropriate, they are free to rezone the property to whatever they believe appropriate. City Councilmember Wachter noted, however, that the developer is getting closer to the final plat and this is the only development of its kind in the City. Wachter moved, Hunter seconded, a motion to approve the rezoning of 2.7 AG (Agricultural) acres to an R-1 (Single-Family) district located along the south side of Four Seasons Drive and the west side of Slater Road in the SW 1/4 of Section 31. Aye: 5 Nay: 0 WAIVER OF PLAT/LYMAN DEVELOPMENT COMPANY The waiver of plat for Lyman Development Company splitting a portion of Lot 33, Block 1, Weston Hills, and combining it with Lot 1, Block 1, Weston Hills 2nd Addition, was handled immediately following the public hearing for the vacation of drainage & utility easements for Lot 33, Block 1, Weston Hills, and Lot 1, Block 1, Weston Hills 2nd. PLANNED DEVELOPMENT AMENDMENT/ TOWN CENTRE 100 - TWELFTH ADDITION/MANN THEATERS Mayor Egan introduced this item as a planned development amendment for Town Centre 100 - Twelfth Addition/Mann Theaters, to allow a movie theater in the Eagan Heights Commercial Park Planned Development and a revised preliminary plat consisting of 10.29 acres located along the south side of Yankee Doodle Road, east of Yankee Place in the N 1/2 of Section 15. Director of Community Development Reichert explained the item and the action being requested of the City Council. Ms. Reichert noted that a portion of the property north of this plat is planned for a restaurant but will be reserved for one year for theater parking in the event parking problems arise. After the theater has been in operation for approximately ten months, a survey of surrounding property owners will be conducted to see if their concerns warrant a traffic study. Ms. Reichert indicated there was some confusion as to which part of the restaurant property is to be reserved for parking. She said it is both the property owner's and staffs preference to designate the eastern portion of the property. Councilmember Wachter stated it was inappropriate to discuss any restaurant on the property at this time; however, if there was to be one, he would prefer it on the east side because of the pond. Councilmember Awada was also surprised the parking had been shifted from west to east but said if staff was convinced that location was preferable, it would be acceptable. She repeated her objections, however, to last minute changes which did not permit appropriate analysis by staff. Jim Gruepner, representing Mann Theaters, referred to several productive meetings with staff and mentioned that all details had been worked out. Mr. Gruepner said they will be requesting a grading permit as soon as possible in order to have the theater ready to open next spring. He added that if they don't move ahead aggressively, the theater will not open until late August or September of 1994. PAGE 10/EAGAN CITY COUNCIL MIINUTES~ November 2, 1993 After brief discussion, Hunter moved, Awada seconded, a motion to approve a planned development amendment for the Mann Theater in the Eagan Heights Commercial Planned Development and authorized the Mayor and City Clerk to execute all related documents. City Attorney Sheldon said there are still a few details in the Planned Development Agreement to work out before it is presented for signature. Aye: 5 Nay 0 Hunter moved, Awada seconded, a motion to approved a revised preliminary plat consisting of 10.29 acres located along the south side of Yankee Doodle Road, east of Yankee Place in the N 1/2 of Section 15 subject to 17 conditions recommended by the Advisory Planning Commission and the additional recommendation suggested by staff concerning a maintenance agreement: 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993, shall be complied with: Al, B1, B3, B4, C1, C2, D1, El, F1, G1 and H1 2 The development shall add a manhole on the sanitary sewer service at the connection to the existing 6' stub. 3. The grading of the site shall direct its storm water runoff to an internal storm sewer system that will discharge directly into Pond DP-20. 4. The development will be responsible for maintaining a minimum of 8.0 acre feet of pond storage volume between the NWL and the HWL in Pond DP-20. 5. The grading plan for this development shall include emergency overland outlets from the low points on Town Centre Drive to Pond DP-20 with a maximum ponding in the streets of 18". 6. Before any grading can occur on the adjacent property to the north, temporary easements from the adjacent property owner shall be obtained and submitted to the City with the grading permit or final plat application. 7. A storm sewer stub shall be provided to serve the 2.0 acre residual undeveloped property to the north. 8. If a driveway connection to the Town Centre Drive occurs where an existing catch basin is located, then existing catch basins shall be reconstructed with a flat grade and a new catch basin shall be added on the upstream side of the driveway. 9. The utility plan shall include an 8" sanitary sewer and 6" watermain stub to the residual undeveloped property to the north. 10. This development shall provide an additional 0.9 acre feet of wet pond volume. in Pond DP-20 in order to meet the water quality treatment obligations of this 6.6 acre parcel. 11. The filling of approximately 02 acres of the wetland along the west edge of Pond DP-20 to provide additional area for parking and building for this development shall be mitigated by constructing 02 acres of new wetland adjacent to Pond DP-20. 0Cii PAGE 11/EAGAN CITY COUNCIL MINUTES November 2, 1993 12. The development shall provide a 30 foot buffer strip along the edge of Pond DP-20 to help prevent erosion into the pond. 13. The driveway connections to the public streets shall include concrete aprons built to City standards. 14. Restricted access shall be dedicated along the east edge of Yankee Place from Yankee Doodle Road to the north edge of the Town Centre Drive intersection. 15. The northerly driveway opening to this development shall match the centerline of the Yankee Place/Town Centre Drive intersection. 16. The development shall relocate the 36" storm sewer line that drains into the south end of Pond DP- 20 by relocating the line to provide at least 100 feet of separation from the existing 12" pond outlet pipe. 17. The proposed parking lot expansion to the east shall use the easterly driveway opening onto Town Centre Drive so no new driveway openings will be needed. Aye: 5 Nay: 0 Councilmember Hunter asked how close the developer was to final plat as a footings and foundation permit is not generally approved prior to final plat. Ms. Reichert said the final is close and staff is comfortable with granting the permit at this time. She noted, however, that the building permit will not be issued until all is in order. City Administrator Hedges added that the City's experience with footings and foundation permits has been good and noted that the risk is with the applicant. Hunter moved, Awada seconded, a motion to approve the Mann Theater's request to initiate a footings and foundation permit for the Eagan Theater project prior to final platting. Aye: 5 Nay. 0 Councilmember Hunter reported that the first meeting of the Dakota County League of Local Governments had been held and officers elected. He noted that Will Branning, Mayor of Apple Valley, has been elected President. The next meeting is November 10. ON . f 3e! CLARIFICATION OF POLICY/WETLAND CONSERVATION ACT Mayor Egan introduced this item as clarification of the City's administrative policy toward the Wetland Conservation Act. The Council referred to the background information and recommendation provided by staff in the City Council packet and all agreed with its conclusions. A copy of the memorandum is included as Exhibit A. City Administrator Hedges commended staff for their cooperative efforts. He added that staff will contact the property owners who have raised this issue and noted they may appeal to the Council for reconsideration. Director of Community Development Reichert indicated that she had met with Dale Huber of Northwestern Mutual Life and while Mr. Huber was disappointed, he understood the City's reasoning. SPECIAL CITY COUNCIL MEETING Mayor Egan introduced this item as a recommendation for a special City Council meeting to discuss the budget. Wachter moved, Awada seconded, a motion to approve special City Council meetings for November 16 at 5:30 p.m. and (if necessary) November 17 at 5:00 p.m. to review the 1994 budget for both general fund and public enterprise fund allocations. Aye: 5 Nay. 0 PAGE 12/EAGAN CITY COUNCIL MINUTES November 2, 1993 RESOLUTIONS/DIFFLEY ROAD TUNNEL Mayor Egan introduced this item as resolutions for a drainage system for the Diffley Road Tunnel. Mayor Egan advised that this issue has been resolved. No action. VACATE DRAINAGE & UTILITY EASEMENT SECTION 24, PARCEL 011-58 Mayor Egan introduced this item as vacate drainage and utility easement, receive petition/order public hearing (Section 24, Parcel 011-58). Hunter moved, Awada seconded, a motion to receive the petition to vacate a drainage and utility easement located over Parcel 011-58 in Section 24 and schedule a public hearing to be held on December 7, 1993. Aye: 5 Nay: 0 AUTHORIZE RING ROAD TRANSPORTATION STUDY YANKEE DOODLE ROAD & I-35E INTERCHANGE Mayor Egan introduced this item as authorize ring road transportation study (Pilot Knob Road, Yankee Doodle Road & I-35E Interchanges). Director of Public Works Colbert explained that the recommendation is a culmination of evaluating the extent of a transportation study staff feels is necessary for the central portion of the City. It would incorporate six square miles and evaluate the need for a ring road around the intersection of Yankee Doodle, Pilot Knob Road and their interchanges with I-35E. Mr. Colbert said that after reviewing the proposal, he and the Director of Community Development are recommending that Strgar-Roscoe-Fausch, Inc., be authorized to perform the study and staff authorized to proceed. Councilmember Wachter stated that the study is very costly and questioned the need and what it will do for the City. Director of Public Works Colbert explained that the study will also include alternative methods of financing the project and will identify incremental transportation improvements and the additional capacity that it could provide. When compared with the commercial study, it will be helpful in evaluating how much development to allow and what the cost of incremental transportation will be and how it can be financed. Director of Community Development Reichert stated that the City cannot develop any more retail development around Town Centre without doing a study to show whether the transportation system can handle it. Because there are some large parcels yet to be developed (i.e., Opus and O'Neil), she indicated the City is also receiving pressure from the Pollution Control Agency and Metropolitan Council. Mayor Egan said he agreed with the study proposal for aesthetics, good transportation planning, the relief of congestion, the relief of Indirect Source Permit issues and problems, and for the Opus and O'Neil properties yet to be developed. He said it at least forces the City to look at a budgeting mechanism. Councilmember Wachter again questioned the need and was still skeptical about financing the study or any improvements. He said he would prefer additional information outlining the benefits and costs before making this decision. Councilmember Hunter said he recognized that the study wouldn't be completed for some time; however, he would like a "white paper" showing the major benefits of constructing a ring road so it would be available for questions from constituents. After further discussion, Hunter moved, Awada seconded, authorized the preparation of a ring-road transportation study (Pilot Knob Road, Yankee Doodle Road, and I-35E Interchanges) and approved the retention of SRF, Inc., to perform such study. Staff was also directed to provide the City Council with as much information as possible on the ring-road concept and the need for the study. Aye: 4 Nay: 1 (Wachter) PAGE 13/EAGAN CITY COUNCIL MINUTES November 2, IM LEXINGTON MEADOWS City Administrator Hedges discussed the need for the City to install utilities to four lots in Lexington Meadows before disposing of the property. Because of the lateness of the season, the utility installation cannot be included with another project thereby making the costs prohibitive. Mr. Hedges stated it is staffs recommendation that the project be put on bold until spring. He said the City could still go ahead with the sale of the lots but with the stipulation that four would not be available until no later than June 1 allowing the utility work to proceed. The City Council agreed with this approach. PERSONNEL COMMITTEE MEETING A Personnel Committee meeting was set for Monday, November 8, 1993, at 9:00 am. MISCELLANEOUS Councilmember Wachter requested an update on turf grass establishment for the Scott and Marie Meyer property. Councilmember Masin said she would like to have a list of public speaking engagements intended by the staff and City Council. To the extent feasible, the City Council will keep the City Administrator Hedges informed. CHECKLIST Wachter moved, Egan seconded, a motion to approve the checklist dated October 29, 1993, in the amount of $1,276,420.73. Aye: 5 Nay 0 ADJOURNMENT The regular meeting of the Eagan City Council was adjourned at approximately 9:05 p.m. KF CITY OF EAGAN E. anOverbeke City rk 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).