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01/16/2001 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota January 16, 2001 A regular meeting ofthe Eagan City Council was held on Tuesday, January 2, 2000 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Bakken, Carlson, Fields and Tilley. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Mike Dougherty. AGENDA City Administrator Hedges asked that an additional item be added to the Consent Agenda as follows: S. PROCLAIM January 21-27,2001 as Eagan Junior Chamber of Commerce Week. Mayor Awada stated that item A. under New Business regarding a rezoning and preliminary subdivision for Manley Brothers would be continued per the request of the applicant. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Ayes: 5 Nay: 0 MINUTES OF THE DECEMBER 19, 2000 SPECIAL COUNCIL MEETING Fonner Councilmember Masin contacted City Administrator Hedges via telephone and requested that the following amendment be made: Page 1: MINUTES OF THE NOVEMBER 27,2000 SPECIAL COUNCIL MEETING Councilmember Blomquist requested an addition be made to the minutes stating that detailed notes of questions and answers from the special meetings regarding the July super storm are on file in the Engineering Department. Page 2: MINUTES OF THE DECEMBER 4,2000 REGULAR MINUTES Additional sentence: Counci/member Masin asked that a letter of appreciation be written to Alane Roundtree. Councilmember Carlson suggested the following amendment be made: Page 6: CEDAR /13 REDEVELOPMENT PROCESS UPDATE 7th paragraph, third sentence: Councilmember Carlson stated that she has a problem with the retail office at the current mal/location. 7th paragraph, last sentence: The word built changed to build. 8th paragraph: Councilmember Carlson stated that with the housing market as it is in Eagan, she thinks there would be a strong market for these type dwellings. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the December 19, 2000 minutes as amended. Ayes: 3 Abstain: 2 (Tilley and Fields abstained) Eagan City Council Meeting Minutes January 16,2001 Page 2 MINUTES OF THE JANUARY 2, 2001 REGULAR COUNCIL MEETING Councilmember Carlson requested that the following amendment be made: Page 3: FINAL PLANNED DEVELOPMENT - WENSMANN REALTY 151 paragraph, last sentence: John Chaplain changed to Don Chapdelaine Councilmember Bakken pointed out on page 8, 9th paragraph the name of the Councilmember speaking was left out. It should read: Council member Bakken stated that the consent of neighboring property owners in a situation such as this is very important. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the minutes of the January 2, 2001 City Council meeting as amended. Ayes: 5 Nay: 0 VISITORS TO BE HEARD Margaret Schreiner of the Eagan Foundation updated the Council on the status of the Unmet Needs Committee. Mayor A wada asked Ms. Schreiner what percentage of money raised by the foundation has been disbursed. Ms. Schreiner stated that approximately $125,000 has been raised and at this point, less than 20% of the funds have been disbursed. She stated that residents must exhaust all other funding possibilities before they are eligible for assistance from the foundation. Mayor Awada suggested that the Eagan Foundation send letters to the major donors explaining how the money will be disbursed. STORM UPDATE City Administrator Hedges stated there will be approximately 1,800 letters from the City sent out to residents regarding property tax adjustments due to the July stornl. He stated that information will also be available in the City newsletter and the City's web site. CENTRAL PARK UPDATE City Administrator Hedges updated the audience on a discussion held at a Special City Council meeting where Focus Groups for the project were also in attendance. He stated that a presentation was made by the architect for the Community Center and after discussion, the architects left with affirmative ideas from both the Council and the Focus Groups. The architects will be meeting again in a couple of weeks with the Design Committee. CONSENT AGENDA A. Personnel Items Item 1. It was recommended to approve the hiring of Adam Fechner, Dave Jungers, Robert Rausch, Ryan Rausch and Brian Banaszewski as seasonal park maintenance workers. Item 2. It was recommended to approve the hiring of Marcia Weitzel as a seasonal park attendant. Item 3. It was recommended to approve the hiring of Dan Smith as a part-time seasonal broomball official. Eagan City Council Meeting Minutes January 16, 2001 Page 3 Item 4. It was recommended to approve the hiring of Aaron Wheeler, Lindsay Severson, Kyle Fritze, Jim Bredemus, Linday Pickrell, Brandon Zingle, Lynn Matty, Jessie Brooks, Nick Callahan, Kali Martina and Jon Steining as part-time seasonal winter recreation leaders. Item 5. It was recommended to approve the hiring of Justin Fleming as a part-time seasonal lifeguard shift leader for Cascade Bay. Item 6. It was recommended to approve the hiring of Jennifer Clason as a part-time seasonal lifeguard for Cascade Bay. Item 7. It was recommended to approve the hiring of Tiffany Anglin as a part-time concessions manager for Cascade Bay. Item 8. It was recommended to approve the hiring of Meghan Eilers and Brandon Burger as part-time seasonal concessions workers for Cascade Bay. Item 9. It was recommended to approve the hiring of Kristin Rogers as a part-time seasonal groups/birthday party manager for Cascade Bay. Item 10. lt was recommended to approve the hiring of Nick Laugh as a part-time seasonal operations and maintenance worker for Cascade Bay. Item 11. It was recommended to approve the hiring of Mike Sowers as a special project intern for Water Resources. Item 12. It was recommended to approve the hiring of Sara Linnenkamp as a winter skating instructor. Item 13. It was recommended to accept the letter of resignation from Jarrod Matsch, Police Officer. Item 14. It was recommended to formally appoint Administrative Secretary/Deputy Clerk Mira McGarvey as the City's Data Compliance Official and acknowledge that Assistant AdministratoriDeputy Clerk Holly DuffY has been serving in that capacity since the resignation of Data Compliance Official Maria Karels. Item 15. It was recommended to approve a change of wording in the retirement insurance coverage policy. B. Contract 99-14, East TH 55 Frontage Road/Louis Lane Street & Utility Improvements. It was recommended to approve Change Order NO.2 to Contract 99-14 (East TH 55 Frontage Road/Louis Lane- Street and Utility Improvements) and authorize the Mayor and Deputy City Clerk to execute all related documents. C. Project 776, Yankee Doodle Road Extension. It was recommended to authorize the preparation of a Feasibility Report for Project 776 (Yankee Doodle Road Extension - Streets and Utilities) by SEH, Inc., approve an Agreement with Dakota County for the Engineering Design and Right of Way delineation, and authorize the Mayor and Deputy City Clerk to execute all related documents. D. Dakota County Agreement for Removal of State Aid Designations. It was recommended to approve an Agreement with Dakota County to remove the Municipal State Aid designation on Lexington Avenue and Yankee Doodle Road to allow the county State Aid Highway designation and authorize the Mayor and Deputy City Clerk to execute all related documents. E. Northwood Parkway Official Map. It was recommended to direct the Advisory Planning Commission to consider the Official Mapping (Map #669.1) of North wood Parkway. Eagan City Council Meeting Minutes January 16,2001 Page 4 F. Proiect 797, Letendre 1 st & 2nd Additions Street Rehabilitation. It was recommended to receive the Draft Feasibility Report for Project 797 (Letendre 1st & 2nd Additions - Street Rehabilitation) and schedule a public hearing to be held on February 20,2001. G. Proiect 798. Canterbury Forest / Wedgewood 1st Addition Street Rehabilitation. It was recommended to receive the Draft Feasibility Report for Project 798 (Canterbury ForestlWedgewood 1st Addition - Street Rehabilitation) and schedule a public hearing to be held on February 20,2001. H. Proiect 809, Blue Gentian Rod Ex1ension. It was recommended to receive the Feasibility Report for Project 809 (Blue Gentian Road - Street and Utility Improvements) and schedule a public hearing to be held on February 6,2001. I. 2001 Street Maintenance Joint Powers Agreement. It was recommended to approve the 8 City Joint Powers Agreement for Street Maintenance Contractual Services and authorize Mayor and Deputy City Clerk to execute all related documents. 1. Temporarv On-Sale Liquor License for Faithful Shepherd Catholic School. It was recommended to approve the temporary on-sale liquor license for Faithful Shepherd Catholic School. K. Confirmation of Findings of Fact, Conclusions & Resolution of Denial (Summit Hill) - Delta Development. lt was recommended to confirm the Findings of Fact, Conclusions & Resolution of Denial 01-02 of the request by Delta Development for a Comprehensive Guide Plan Anlendment to establish aD-III Mixed Residential (6-12) units/acre) land use designation, a Rezoning from R-l, (Single-Family Residential) to PD (planned Development) and a Preliminary Subdivision/Preliminary Planned Development to create seven lots on approximately 6.7 acres located east of Johnny Cake Ridge Road and south of Diffiey Road in the NW 1;" of Section 28. L. Confirmation of Findings of Fact. Conclusions & Resolution of Denial - Gustavson Conditional Use Permit. It was recommended to confirm the Findings of Fact, Conclusions & Resolution of Denial of the 01- 0 3 Conditional Use Permit request of John Gustavson to allow a total of 1,728 square feet of accessOl)' storage space on property located at 4740 Walden Drive in the northeast V4 of Section 33. M. Resolution Approving the Submission of a "Metro Greenways Planning Grant" Application for a Natural 01- 04 Resource Inventory. It was recommended to approve a resolution authorizing staff to submit a "Metro Greenways Planning Grant" application to the Department of Natural Resources for the development of a natural resources inventory of the City. N. 2001 Contract Renewal for Sentence to Service Crews. It was recommended to approve the renewal of a one year contract with Dakota County for the provision of Sentence to Service work crews and authorization for the Mayor and Deputy Clerk to execute the agreement. O. Modify Composition of Advisory Parks and Recreation Commission, Airport Relations Commission and Economic Development Commission. It was recommended to modify the composition of the Advisory Parks and Recreation Commission, Airport Relations Commission and Economic Development Commission. P. 2001 Licenses. It was recommended to approve a license renewal for the year 2001 for tobacco for Cedarvale Texaco. Q. Police Liaison Services Agreement between Independent School District #197 and the Cities of Eagan. Mendota Heights, and West St. Paul. It was recommended to approve an agreement between the Cities of Eagan, West St Paul, Mendota Heights, and Independent School District #197. Eagan City Council Meeting Minutes January 16,2001 Page 5 R Authorize Temporarv Container Unit at 4056 Diamond Point. It was recommended to authorize use of a temporary storage containment unit at 4056 Diamond Point through May 1,2001. S. Proclaim Eagan Junior Chamber of Commerce Week. It was recommended to proclaim January 21 - 27, 2001 Eagan Junior Chamber of Commerce Week. 01-04-A Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 PUBLIC HEARINGS VACATE PUBLIC DRAINAGE AND UTILITY EASEMENT (CRAY 2ND ADDITION- OUTLOTS, A, B & C) AND APPROVE FINAL PLAT AND FINAL PLANNED DEVELOPMENT 01-05 - SILICON GRAPHICS FIRST ADDITION - UNITED PROPERTIES. City Administrator Hedges introduced this item. Public Works Director Colbert gave a staff report. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the vacation of the drainage and utility easements on Outlots A, B, and C, Cray 2nd Addition and Outlot G, Lone Oak Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a final plat (Silicon Graphics First Addition) to allow the combination and reconfiguration of four outlots (Outlots A, Band C, Cray Second Addition and Outlot G, Lone Oak Addition) into two platted lots upon property located north of Lone Oak Drive and east of Lone Oak Parkway in the southwest lit of Section 1. Aye: 5 Nay: 0 Council member Bakken moved, Councilmember Tilley seconded a motion to approve a final planned development to allow a four-story 110,000 square foot office building and a two-story 60,000 square foot office building (upon Lot 2, Block I, Silicon Graphics First Addition) located north of Lone Oak Drive and east of Lone Oak Parkway in the southwest 'it of Section 1. Aye: 5 Nay: 0 PROJECT 771, LEXINGTON AVENUE - TOWN CENTRE TO CLUBVIEW STREET & UTILITY IMPROVEMENTS City Administrator Hedges introduced this item. Public Works Director Colbert gave a staff report. Mike Foertsch of Short Elliott Hendrickson Inc. discussed the feasibility report and reviewed the project schedule. Mayor Awada opened the public hearing. Brian Marshall, representing the U.S. Postal Service presented a letter from the manager at the bulk mail center expressing concern over the left turn lane on Clubview Drive, the timing of the proposed new driveway into their employee parking lot on Lexington Avenue and the need for a traffic signal at the intersection of Gemini and the Post Office's main entrance. Mayor Awada asked Mr. Marshall if the Postal Service would consider paving an additional 30 feet of their parking lot at the retail center to provide an exit out to Lexington Avenue (south). She also discussed the extension of Denmark behind their facility ",'hich could solve much of the truck traffic problem. She further asked Mr. Marshall if there is any intent by the Federal Government to pay the assessments ($270,000) for the project. Mr. Marshall stated that the Federal Government is exempt from local taxes and they would not be paying any of Eagan City Council Meeting Minutes January 16,2001 Page 6 the assessment. Mr. Marshall further stated that consideration is being given to the additional exit out to Lexington Avenue. Benita Warns, Employee Transportation Coordinator, for the Postal Service presented a letter opposing Project 771. She expressed concern regarding the lack of a semaphore at the intersection of Lexington Avenue and Gemini Road. She discussed the detours employees will have to make once Lexington Avenue is rebuilt. She also discussed problems regarding mixing truck traffic with employee traffic through the main truck entrance at the Gemini intersection. Dan Kranz, representing the postal employee's union also spoke to the concern of the employees regarding their ability to access Lexington Ave. from their employee lot after the improvement. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve Project 771 (Lexington Avenue - Town Centre Drive to Clubview Drive - Street, Utility & Trail Improvements) and authorize the preparation of detailed final plans and specifications and the acquisition of right -of-way and easements through quick-take Eminent Domain, if necessary. Aye: 5 Nay: 0 PROJECT 790, CENTRAL PARKWAY (STREETS AND UTILTIES) City Administrator Hedges introduced this item. Public Works Director Colbert discussed changes made to the plans since the December 19, 2001 City Council meeting. He then introduced Jim Dvorak, SRF Consulting Group, who reviewed the Feasibility Study and Report. Mayor A wada opened the public hearing. Reid Hansen, attorney representing the Perron family, stated he feels the project is premature without a development plan for the surrounding properties. He further stated his clients are concerned over proposed street and utility assessments. He stated the location presently shown for the road does not abut upon the Perron property, nor is any access guaranteed to their property. Bob Smith, representing Duke-Weeks Realty Corporation stated he endorses the project. He asked that when final plans are completed additional accesses be given to their project which is located on the west side of Central Parkway. He further stated that he also endorses their property purchase through condemnation. Mayor Awada stated that the purchase of the property would be easier if it did not have to go through condemnation. Bruce Miller, representing MFC Properties Corporation, owner of Yankee Square Shopping Center, expressed his opposition to the closure of the existing curb cut just south of Yankee Doodle Road on Federal Drive. He stated this is a very important access point into and out of Yankee Square Shopping Center. He also expressed concern over the proposed construction of a raised center median on Federal Drive which could further aggravate an already serious queuing and stacking problem for the west bound left turn lane to Washington Drive. There being no further public comment, Mayor Awada closed the public hearing and turned the discussion back to the Council. Councilmember Carlson asked if there is a way to eliminate the stacking problem for the west bound left turn lane onto Washington Drive. Public Works Director Colbert stated that the County is aware of the problem and is implementing changes in the cycling of the traffic lights. He also stated that when the Duckwood ring road overpass and interchange is completed, it will eliminate some of the traffic at Washington Drive by allowing it to access the Yankee Square Shopping Center through Federal Drive instead of Washington Drive via Yankee Doodle Road and Pilot Knob Road. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve Project 790R (Central Parkway-Street and Utility Improvements) and authorize the preparation of detailed final plans and specifications and the acquisition of right-of-way and easements through quick-take Eminent Domain, if necessary. Eagan City Council Meeting Minutes January 16, 2001 Page 7 Aye: 5 Nay: 0 The Council took a five minute recess, reconvening at 8:25 p.m. VARIANCES - ADKINS ASSOCIATION FOR QWEST City Administrator Hedges introduced this item. Senior Planner Ridley gave a staff report. Mayor Awada opened the discussion on three variance requests by Adkins Association. Councilmember Bakken stated he would like to see more discussion between staff and the applicant. He asked the applicant if she would be willing to continue the item to the next meeting. Beth Splittstoesser, representing Adkins Association agreed to continue the variance requests. Councilmember Bakken moved, Councilmember Carlson seconded a motion to continue items IX. D, E, and F regarding variances for Adkins Association until the February 6, 2001 City Council meeting. Aye: 5 Nay: 0 CITY ORGANIZATIONAL BUSINESS ADVISORY COMMISSION APPOINTMENTS City Administrator Hedges discussed the interview process that had taken place on January 9, 2001 and then explained the ballot matrix that would be used for voting on members for each commission. Councilmembers were provided with ballots for each Commission. The results were as follows: Advisory Planning Commission: Duey Bendt Jerry Segal Greg Steininger Shawn Hunter 3 year term 3 year term 3 year term I year term (alternate) Advisory Parks and Recreation Commission: Margo Danner 3 year term Mark Filipi 3 year term Melvin Williams 3 year term David Wright 1 year term John Rudolph 2 year term Richard Pletcher (alternate) 1 year term Airport Relations Commission John Clark 3 year term Michael Weller 3 year term Lance Staricha 3 year term Bruno DiNella (alternate) I year term Joe Kinard 2 year term Economic Development Commission Nadim Zoberi 3 year term Brian Carey (alternate) I year term Lee Ashfield 3 year term Eagan City Council Meeting Minutes January 16,2001 Page 8 Burnsville/Eagan Telecommunications Commission Kurt Hicok (alternate) 1 year term Waste Reduction and Recvcling Advisorv Commission Clint Hooppaw Kari Sammon Don Armborst Michael Stone 3 year term 3 year term 1 year term 3 year term Mayor Awada moved, Councilmember Bakken seconded a motion to approve a resolution ratifying the ballots for the appointments of advisory commission members. Aye: 5 Nay: 0 01-06 ACTING MAYOR Mayor Awada appointed Councilmember Bakken as Acting Mayor. OFFICIAL LEGAL NEWSPAPER Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the Dakota County Tribune as the City of Eagan's official legal newspaper. Aye: 5 Nay: 0 CITY COUNCIL MEETING SCHEDULE Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the 200 I Schedule of City Council Meetings as follows: January 2 2001 SCHEDULE OF REGULAR COUNCIL MEETINGS May 1 September 4 February 6 May 15 September 17 June 5 October 2 June 19 October 16 July 5 November 8 July 17 November 20 August 7 December 4* August 21 December 18 J anuaQ' 16 February 20 March 6 March 20 April 3 April 17 * The December 4th meeting is subject to change due to the Truth in Taxation Hearing. Eagan City Council Meeting Minutes January 16,2001 Page 9 2001 SCHEDULE OF SPECIAL COUNCIL MEETINGS AND WORKSHOPS JanuaQ' 2 April 3 Jul)' 5 October 2 January 16 April 17 July 17 October 16 January 30 April 24 July 24 October 23 February 6 May 1 August 7 November 8 February 20 May 15 August 21 November 20 February 27 May 22 August 28 November 27 March 6 June 5 September 4 December 4* March 20 June 19 September 17 December 18 March 27 June 26 September 25 * The December 4th meeting is subject to change due to the Truth in Taxation Hearing. CITY COUNCIL MEETING PROCEDURES Councilmember Tilley moved, Council member Carlson seconded a motion to acknowledge Robert's Rules of Order as the means to conduct official business at all regular City Council meetings and further approve the guidelines/handout as presented for public participation in City Council meetings. Aye: 5 Nay: 0 COUNCIL STANDING COMMITTEE AND REPRESENTATIVE APPOINTMENTS Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the committee and representative appointments as follows: Aye: 5 Nay: 0 Finance Committee: Councilmember Tilley (Chair) and Mayor Awada Public Works Committee: Councilmember Bakken (Chair) and Councilmember Fields Personnel Committee: Councilmember Carlson (Chair) and Councilmember Bakken Minnesota Valley Transit Authority Board: Councilmember Tilley School District #191: Council member Fields School District # 196: Councilmember Fields School District #197: Councilmember Fields Municipal Legislative Commission: Mayor Awada Community Center/Central Park Teams: Site Design Team: Mayor Awada and Councilmember Carlson Partnerships/Operations: Mayor Awada and Councilmember Tilley Facility Design Team: Councilmembers Bakken, Carlson and Fields OLD BUSINESS CONSUL T ANT FOR SUPER STORM ANALYSIS 2ND OPIINION STUDY City Administrator Hedges introduced this item. Public Works Director Colbert discussed the proposals. Council member Bakken moved, Councilmember Carlson seconded a motion to authorize WSB and Associates, Inc., exercising the option to add Camp Dresser & McKee and Polaris Group. Eagan City Council Meeting Minutes January 16, 2001 Page 10 Paul Teska asked about a possible conflict of interest in using WSB and Associates because of their association with the Gun Club Lake Watershed Management Organization. Councilmember Bakken discussed the number of hours estimated in the bids. Councilmember Tilley questioned the difference in the various proposers' estimated hours and cost and what companies would start from ground zero in their study of the storm analysis. Public Works Director Colbert explained the computer modeling programs that would be used, stating that all companies had been asked to use the same programs, but some may be proposing to create a new program rather than to test the assumptions used and validate the results obtained so far. Councilmember Bakken asked whose direction the Gun Club Lake WMO is under. Director Colbert explained that the WMO is created by a tri-city Joint Powers Agreement between Mendota Heights, Inver Grove Heights and Eagan, but the WMO then acts independently with each City providing the funding through their typical budget process. Councilmember Tilley discussed the qualifications and experience of the Polaris Group. Councilmember Bakken stated that the Polaris Group has not been in business as long as the other companies. A vote was taken on the motion. Aye: 4 Nay: 1 (Councilmember Tilley opposed) WOODHA VEN VILLAS - MANLEY BROTHERS CONSTRUCTION City Administrator Hedges introduced this item. Minutes from previous City Council meetings regarding this issue were distributed. City Attorney Dougherty explained that with changes made to the original plan, a new application must be submitted. EXTENSION FOR RECORDING FINAL PLAT - GOPHER EAGAN INDUSTRIAL PARK 7TH ADDITION Senior Planner Mike Ridley explained the request for the ex1.ension of the final plat of Gopher Eagan Industrial Park 7th Addition by Twin City Wire - MFI, Inc. It was noted that Mayor Awada and Acting Mayor Carlson were both out of town the last two days ofthe year, which prevented the recording of the plat by the end of the year 2000, thus requiring the payment of taxes for 2001 in full. Councilmember Bakken expressed concern over setting a precedent. Council member Carlson stated that the property is already developed and the extension will be of no monetary benefit to the property owner. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the extension of the recording requirement for the Gopher Eagan Industrial Park 7th Addition (located north of Yankee Doodle Road and east of Highway 149 in the south Yz of Section 12) to November I, 2001. Aye: 5 Nay: 0 NEW BUSINESS REZONING AND PRELIMINARY SUBDIVISION - TOLLEFSON DEVELOPMENT, INC. City Administrator Hedges introduced this item. Senior Planner Ridley gave a staff report. Councilmember Carlson stated that the Planned Development Agreement should state that development of Lots 35 and 36 shall be allowed when alternate access can be provided. The Council agreed. Eagan City Council Meeting Minutes January 16,2001 Page 11 Council member Bakken moved, Councilmember Carlson seconded a motion to approve the Preliminary Planned Development and Preliminary Subdivision (Woodstone Townhomes) for 36 two-unit townhomes on 10.7 acres located at 1525 and 1535 Deerwood Drive in the NE 1/4 of Section 21 subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: AI, Bl, B4, Cl, C2, C4, Dl and EI 2. The property shall be platted and the Final Plat shall omit Lots 35 and 36 in the northwest corner of the site. 3. The developer shall construct outlet structures and pipes from the new storm water pond and Pond BP-28 in accordance with City engineering standards. 4. The lowest entry elevations for the twinhomes on Lots 5-12 shall be a minimum of two (2) feet above the emergency overflow elevation from the common area in the center of the site. 5. This development shall meet the City's water quality requirements through a combination of on-site ponding and cash dedication. 6. The stormwater pond shall be constructed to treat 6.3 acres ofthe site area. The pond shall contain a minimum wet-pond volume of 0.54 acre-feet and have a minimum area of 0.25 acres. The stormwater treatment pond shall be constructed according to NURP standards with a maximum depth of six (6) feet, a 10: 1 aquatic bench beginning at the normal water level, and an outlet skimmer according to City design standards. 7. In lieu ofponding to treat stormwater from 3.1 acres of the site, a cash dedication of $4,535.00 shall be required. 8. To minimize nearby impacts to the wetland, the development shall be set back at least 30 feet from the delineated wetland boundary. During and after development, a minimum 30-foot wide buffer of undisturbed, natural vegetation along the wetland shall be maintained. 9. The development shall properly install and effectively maintain erosion control practices to prevent and minimize soil loss and to avoid impacts to the wetland. Any inadvertent fill of the wetland greater than 400 square feet (the maximum amount allowed) shall require mitigation, under state wetland conservation authority. 10. The existing private roadway easement that extends through the center of the site shall be vacated, and documentation provided to the City, prior to final subdivision approval. II. Tree mitigation shall be provided on-site in the amount of 22 CategOI)' A trees, or 44 Category B trees, or 88 Category C trees, or an equivalent combination thereof as indicated on the Tree Preservation and Landscape/Mitigation Plans. 12. Tree Protective measures (i.e. orange colored silt fence or four-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 both on-site and off-site on private property. This will involve installing or shifting the tree protection fence location to the perimeter of the CRZ as required by ordinance and the submission of a revised Tree Preservation Plan. Where this is not possible, alternative tree preservation measures shall be employed. 13. The developer shall submit a revised tree preservation plan and grading plan indicating the installation of the additional above mentioned tree protection measures. Eagan City Council Meeting Minutes January 16,2001 Page 12 14. The developer shall submit a revised tree mitigation plan indicating 100% fulfillment ofrequired tree mitigation. 15. The developer shall contact the City Forestry Division and schedule a pre-construction site inspection at least five (5) days prior to issuance of the grading permit (or commencement of grading activity if a separate grading permit is not required), to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 16. Park and trail dedications shall be fulfilled through a cash dedication payable prior to release of the final plat for recording at the rate then in effect. 17. Lots 35 and 36 and the area surrounding them shall be shown as a single outlot with the Final Subdivision and on the Final Plat. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA UTILITY BILL PAYMENT ASSISTANCE FOR STORM VICTIM City Administrator Hedges stated that a request had been made from the Interfaith Disaster Recovery of Dakota County (IDRD) to assist an Eagan resident/storm victim with payment leniency (allowing time, foregoing late fees an interest accrual only) on City utility bill for a period of six months. Mayor A wada stated this is a policy issue and if assistance is given to one resident, a precedent would be set and assistance would have to be given to everyone affected by the storm. She suggested the IDRD should be the agency to offer assistance. Councilmember Bakken stated that he understood that all measures for assistance must be exhausted before the IDRD disburses funds and by denying assistance, the City would actually be allowing the resident to receive assistance from the IDRD. ADJOURNMENT The meeting adjourned at 10:30 p.m. into an Executive Session. MBM / - / U - j uC I Date ~ If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 681-4600, (TDD 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.