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03/21/2000 - City Council Regular 00077 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota March 21, 2000 A regular meeting of the Eagan City Council was held on Tuesday, March 21, 2000 at 6:30 p.m. at the Eagan Munidpal Center. Present were Mayor Awada and Counci1members Masin, Blomquist and Carlson. Counci1member Bakken was absent on military duty. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. ::i:BriKm:~: h~:.w~:m~ ......................... ........................ . City Administrator Hedges stated that the Community Facilities Task Force was holding a public information meeting tonight and a representative would be present later in the Council meeting to provide an update. Counci1member Carlson moved, Counci1member Blomquist seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 ~~~:Q~':wft~:MDr;n:~l'.Qiil~Ii.~:i:.~@ Mayor Awada requested the following change to the fifth sentence in the third paragraph on page five, "Counci1member Masin concurred with Counci1member Blomquist in wanting to ensure that the Council's intent to payoff the bond debt was a matter of record." She also requested that on page nine, the vote for the Interim Use Permit - Northwest Airlines, be changed as follows, "Aye: 3 Nay: 0 (Councilmember Blomquist abstained)." She further requested that the first sentence in the seventh paragraph be changed as follows, "Mayor j\.wada Councilmember Carlson asked if it would be possible to repeal the assessments to the three property owners and bill the developer for the full amount." Counci1member Carlson moved, Mayor Awada seconded a motion to approve the minutes as amended. Aye: 4 Nay: 0 Yl$.!Wgj,$!iwQlei9_g Ron Miller, 3217 Donald A venue, commented on the property maintenance ordinance and requested that commercial properties be included in the ordinance also, espedal1y ones that adjoin residential properties. Counci1member Carlson recommended that the Council schedule further discussion on the ordinance at a future work session. Larry Poppler, 3030 Pop pier Lane, referred to the request of the Council to reconsider the assessments to the property owners on Poppler Lane at the last Council meeting. He noted that Mayor Awada and Counci1member Carlson rejected this request and he further asked that the City Attorney examine the assessments with regard to reasonable cause for excessiveness. Counci1member Blomquist suggested the Council reduce the assessments by one-half to the neighborhood. She added that this neighborhood has been assessed more than any other neighborhood in the City. Counci1member Blomquist moved, Counci1member Masin seconded a motion to reduce the assessment to the properties on Poppler Lane by one-half. Counci1member Masin asked who was assessed as a developer. Mayor Awada stated that Larry G. Poppler, Sr. was the developer. Counci1member Masin noted that no other resident has ever been 00078 EAGAN CITY COUNCIL MEETING tvlINUTES; MARCH 21, 2000 PAGE 2 charged $8,000 for an assessment and added that the improvement did not increase the valuation by that much. Mayor Awada noted that this issue has been revisited many times by different Councils. She said that she thought Mr. Poppler was being encouraged by other Counci1members to keep revisiting this issue. Mr. Poppler said that he would like to request a ruling by the City Attorney. Counci1member Masin noted that she would vote in favor of the motion as long as Larry G. Poppler, Sr. did not benefit from a reduced assessment. Counci1member Carlson clarified that she did not support the request for reconsideration of the assessment because of the precedent that would be set. She noted that other residents would then seek to have their levied and certified assessments reduced. Mayor Awada stated that Mr. Poppler had worked on the development agreement with his father. Counci1member Masin said that the Council did not use the appropriate procedure in determining the assessment amounts to Poppler Lane. A vote was taken on the motion. Aye: 2 Nay: 2 (Mayor Awada and Counci1member Carlson opposed) The motion failed for lack of a majority. Mr. Poppler stated that the City Attorney should review the facts and prepare an opinion as it pertains to equal protection rights regarding the excessiveness of the assessment. Mayor Awada moved, Councilmember Carlson seconded a motion to direct the City Attorney to prepare a written response to Mr. Poppler's request. Aye: 4 Nay: 0 ,',','."','....,'..""..",','......,'......"",'....,',',',',,,',',',','",',',',',',',','"",'",',',','.",,',','''..''...'..'''''IN'''''''''''''''''''''..''......' . . . . .. .. . . . . DEPARTMEN1\'HEAD:Rl1S . .'.' ESS ......................................................................................................................................................................... YOUTH SUMMIT UPDATE City Administrator Hedges provided an overview on this item. Karen Luchka and Brandon Nguyen interacted with the Council regarding teen smoking and the need for additional teen center space. Counci1member Masin suggested that a teen task force be created and also suggested that the teens could interact with the Community Facilities Task Force. Mayor Awada suggested that models of other teen task forces in other cities be reviewed prior to the creation of one. City Administrator Hedges noted that staff could contact the LMC to obtain various structures of teen task forces. Counci1member Blomquist noted that the number one response to the community facilities survey was the need for a teen center. She added that she would like to see the formulation of a youth council. Counci1member Blomquist moved, Counci1member Masin seconded a motion to direct staff to prepare information on a teen task force for consideration at the April 11, 2000 spedal City Council meeting. Counci1member Carlson said that she would like teen involvement from the beginning and suggested that the teens draft a plan to get other teens involved. Assistant City Administrator Verbrugge noted that the Eagan Healthy Communities Initiative is sponsoring an intergenerational dialogue on April 8 from 9:00 a.m. to 2:00 p.m. at Blackhawk Middle School. A vote was taken on the motion. Aye: 4 Nay: 0 \ 00079 EAGAN CITY COUNCIL MEETING MINUTES; MARCH 21, 2000 PAGE 3 CITY COUNCIL UPDATF/NLC CONFERENCF/HOME SHOW Counci1member Masin commented on the success of the Home Show held at the Eagan Civic Arena and thanked Civic Arena Manager Mark Vaughan and staff for their hard work. Mayor Awada noted that she and the other three Counci1members attended the NLC Conference held in Washington, D.C. Councilmember Masin stated that the NLC president's focus is on eliminating racism. She added that the President of the United States spoke to the group on racism. She further added that the City can make strides in regard to diversity. BAND SHELL UPDATF/EAGAN ROTARY CLUB John Curlee, representing the Rotary Club, introduced fellow Rotarians who were present and commented on their intent to partner with the City on the construction of a band shell. He read the following motion that was passed by the Rotary dub, "The Eagan Rotary Club shall offer up to $140,000 towards the construction of a band shell on Eagan's Central Area Park, including up to $55,000 dollars in cash immediately with the balance coming in the form of cash services and other in-kind contributions as determined by the Club over a period up to five years with the understanding that the Eagan Rotary dub will be assured due and proper recognition for its contribution and have meaningful control over the architectural design of the band shell." Counci1member Blomquist moved, Counci1member Masin seconded a motion to accept the Eagan Rotary Club donation for the construction of a band shell on the proposed Central Park site. Aye: 4 Nay: 0 ~N$.I$:'JJlpmTij City Administrator Hedges referenced a map identifying previous rates of return as it pertains to Census information. Counci1member Masin commented on the hiring of Census workers and noted that she attended a Census Update meeting at the NLC Conference. Counci1member Blomquist encouraged residents to return their Census forms. .......................,..................... CONS'Em,:'{,A"""GrENDA,,",: . . . . . . . . . . . . . . . . . . . . . .. .... ..................... . ..................................................... A. Personnel Items Item 1. It was recommended to approve the hiring of Thomas Bohrer as a Community Service Officer. Item 2. It was recommended to approve the hiring of Krista Forster as a Clerical Tech III/Receptionist for Central Services Maintenance. Item 3. It was recommended to approve the hiring of a person or persons to be recommended for hire as a temporary building inspector(s). Item 4. For the Council's information, the name of the person hired as the Oerical Tech II in Finance is Maria Pierce and the name of the person hired as the IT Technician Assistant for the Cities of Eagan and Burnsville is Jason Deal. Both of these hirings were approved at the March 6, 2000 regular City Coundl meeting. Item 5. It was recommended to approve the hiring of Chris Ahrens, Brenna Beers, Karen Hendrickson, Travis Hibbard, Angela Knoll, Dan Mills and Jacqueline Scholz as seasonal lifeguards for Cascade Bay. Item 6. It was recommended to approve the hiring of Ian Wright as a seasonal concessionaire for Cascade Bay. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 21, 2000 PAGE 4 00080 Item 7. It was recommended to approve the hiring of Kelly Therkelsen as a seasonal guest relations worker for Cascade Bay. Item 8. It was recommended to approve the hiring of Heidi Reimnitz as a part-time seasonal recreation leader. Item 9. It was recommended to approve the hiring of Kelly Thompson as a part-time seasonal supervisor for the Civic Arena. B. Final Subdivision - (Oakbrooke 4th Addition) Pulte Homes of Minnesota me. to create 76 single family residential lots on property located east of 1-35 between Diffley Road and Deerwood Drive in the SW 1/4 of Section 21. It was recommended to approve a Final Subdivision creating 76 single family detached dwelling units upon property currently platted as Outlots A and H, Oakbrooke and located north of Diffley Road and east of 1-35E in the SW 1/4 of Section 21. C. Final Subdivision - (Town Centre 100 Eighteenth Addition) Elder Jones Company, to create two lots on property located north of Town Centre Drive and east of O'Leary Lane in the NE 1/4 of Section 15. It was recommended to approve a Final Subdivision entitled the "Town Centre 100 Eighteenth Addition" located north of Town Centre Drive and east of O'Leary Lane (upon property currently platted as Outlot B, Town Centre 100 Sixteenth Addition) in the NE 1/4 of Section 15. D. Final Plat - (Cedar Cliff Commercial Park Fifth Addition) Cedar Cliff Properties, LLC to create a single lot on property currently described as Outlot A. Cedar Cliff Commercial Park 3rd Addition and located north of Cliff Road and east of Nicols Road in the SE 1/4 of Section 30. It was recommended to approve a Final Plat (Cedar Cliff (Cedar Cliff Commercial Park 5th Addition) to create a single lot on property currently platted as Outlot A, Cedar Cliff Commercial Park 3rd Addition and located north of Cliff Road and east of Nicols Road in the SE 1/4 of Section 30. E. License renewals for the year 2000, commercial fertilizer and tobacco. It was recommended to approve the commercial fertilizer license renewals and the tobacco license renewal for the year 2000. F. Proclamation, proclaiming March 24,2000 as Burnsville/Eagan Community Television Volunteer Appreciation Day. It was recommended to adopt a proclamation proclaiming March 24,2000 as 00-20 BurnsvillejEagan Community Television Volunteer Appreciation Day. G. Contract 00-01, authorize preparation of plans and specs (Cliff Road Water Treatment Facility - Masonry Restoration). It was recommended to authorize the firm of Bonestroo, Rosene, Anderlik and Associates to provide detailed plans, specifications, contract administration and construction management for Contract 00-01 (Cliff Road Water Treatment Facility - Masonry Restoration). H. Receive petition/ order public hearing - easement vacation (Gardenwood Ponds 4th Addition). It was recommended to receive the petition to vacate a portion of a public drainage and utility easement and schedule a public hearing to be held on April 18, 2000. 1. Receive petition/ order public hearing - easement vacation (Royal Oaks). It was recommended to receive the petition to vacate public drainage and utility easements and schedule a public hearing to be held on April 18, 2000. J. Extension for recording the final plat. Ballantrae 2nd Addition. It was recommended to approve a 90- day extension for recording the final plat for Ballantrae 2nd Addition for property located south of Silver Bell Road and east of Beau de Rue Drive in the NW 1/4 of Section 20. K. Final Plat. Pines Edge 4th Addition. Shamrock Development. It was recommended to approve a Final Plat (Pines Edge 4th Addition) consisting of one lot at White Pine Way and Sycamore Drive in the SE 1/4 of Section 36, and a private driveway agreement. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 21, 2000 PAGES 00081 L. Premises permit renewal applications, Knights of Columbus to conduct pull tab operations at Starks Saloon and Richards Food &. Liquors. It was recommended to approve resolutions renewing the 00-21 charitable gambling premises permits for the Knights of Columbus #7604 for pull-tab operations at 00- 2 2 Starks Saloon at 3125 Dodd Road and Richard's Food &. Liquors at 4185 South Robert Trail. M. Final Plat, Tyler Jay Addition. It was recommended to approve a Final Plat (Tyler Jay Addition) consisting of one lot for property located at 1725 Meadow View Road, in the NE 1,4 of Section 8. Counci1member Blomquist moved, Counci1member Carlson seconded a motion to approve the Consent Agenda. Counci1member Masin requested an explanation on Item G, Contract 00-01, authorize preparation of plans and specs (Cliff Road Water Treatment Facility - Masonry Restoration). Director of Public Works Colbert stated that premature degradation has occurred to the facility and the masonry restoration will be funded from an escrow account. A vote was taken on the motion. Aye: 4 Nay: 0 mPI(,tl~~G$ PROJECT 788, TH 3jGARDENS OF EAGAN (UTILITY IMPROVEMENTS) City Administrator Hedges provided an overview on this item. Before asking staff to present the report, Mayor Awada noted that two of the three original petitioners no longer appeared to be in support of the project. After asking how many of the affected property owners were present, it was noted that all four owners representing the five parcels were present. She then opened the public hearing to anyone wishing to speak. Ralph Hanson, 4395 South Robert Trail, stated that he is not supportive of the project as it stands. He provided background information on how the project was initiated. He said that the residents feel the proposed assessments are too high and would like the City to consider sharing in the cost. Discussion occurred regarding subdivision of the larger lots. Development/Design Engineer John Gorder noted that the property is guided D-lI and there is dedicated right-of-way on the property to the north, which could provide for access to two of the parcels. Charles Wachter, 4375 South Robert Trail, stated that when the Autumn Ridge Development was developed the residents were informed that a stub connection was available to City utilities. He noted that he has no need to connect to City water and sewer at this time and added that the only way he could afford the assessments would be to subdivide his property. Pat Diffley, 4385 South Robert Trail, stated that in 1993 an engineer from the City told them that the residents would have access to City water and sewer because James Development, the developer of Autumn Ridge, would provide it. She added that the access was never provided and said she could not afford the amount of the assessment. She said that a new plan should be designed and the City should bear some of the cost of the project. Development/Design Engineer Gorder stated that a note in the file indicated that the City's Design Engineer at the time met with property owners in 1993 and there was an agreement to the plan. Martin Diffley, 4385 South Robert Trail, said that he had granted permission to Lyman to run the sewer and water line across his property. He expressed concern about the potential tree loss and access to Highway 3. He noted that he has no need for City sewer and water. There being no one else wishing to speak, Mayor Awada closed the public hearing. 00082 EAGAN CITY COUNCIL tv1EETING MINUTESi MARCH 21, 2000 PAGE 6 Counci1member Carlson moved, Mayor Awada seconded a motion to deny Project 788 (TH 3, South of Diffley Road/Gardens of Eagan - Utility Improvements). Counci1member Masin suggested the project be continued because she wanted more information. Counci1member Carlson stated that the property owners are not in support of the project as proposed. Counci1member Blomquist said that the project should be denied and staff should research other alternatives in an effort to reduce costs. Counci1member Carlson said that detailed research should not be undertaken at this time since none of the property owners are interested in subdividing their property. Counci1member Masin asked the property owners if they would be in favor of the project if the assessments were more reasonable. The property owners indicated that they would be in support if the assessment amount were lowered. Mayor Awada stated that all of Eagan will eventually develop and added that she was not willing to research this issue now but would do so at the time the property owners want to subdivide. Mr. Hanson noted that a connection to City sewer and water is necessary to make the properties more saleable. Counci1member Carlson stated that properties with well and septic systems are saleable because she recently sold a house with both. Councilmember Masin added that she wanted to continue this item because the necessary documentation and calculations are not available. Councilmember Blomquist said that the Council does not need to continue action on this item but could continue to determine what happened with regard to the lack of connection to City utilities. A vote was taken on the motion. Aye: 3 Nay: 1 (Counci1member Masin opposed) Mayor A wada moved, Councilmember Blomquist seconded a motion to direct staff to research other options for land use alternatives and City financing. Mr. Hanson requested that the City consider sharing in the expense and completing the project in such a fashion that does not intrude on Martin Diffley's property. Counci1member Masin stated that staff should attempt to find out what the property owners had been promised and why the connection was never made available to them. A vote was taken on the motion. Aye: 4 Nay: 0 ........................................ R""'""""""Ci:"""".'iri'S.. *It.lifJ.U;J;9:~NiR, CLARIFICATION OF SIGNAGE PLAN, EAGAN TRANSIT FACILITY - MVTA City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Mayor Awada asked why the clock tower design had not been included in the Planned Development Agreement. Senior Planner Ridley stated that the Planning Department had inadvertently overlooked its inclusion. Mayor Awada noted that a memo was sent to the City on September 1, 1999 from the MVT A' s consultant, LSA Design, identifying a number of items they were willing to incorporate into the design of the site. She further noted that the items were inadvertently not included in the PD Agreement. Jim Lasher, LSA Design, stated that the MVT A was informed that they will be receiving funding for this project. Mayor Awada asked the City Attorney if the minutes serve as the official record. City Attorney Sheldon stated that the official record of the City Council is the minutes. He noted that the Final PD has EAGAN CITY COUNCIL MEETING MINUTES; MARCH 21, 2000 PAGE 7 00083 not been executed and therefore no agreement exists between the City and the MVT A. He added that both parties need to agree to the agreement for it to be valid. Mayor Awada said that she voted in support of this project because of the benefits to the City of Eagan and felt the transit station would help to create a downtown area. She added that the parking at the transit station could be utilized for events at the Central Area Park. She further added that the transit station should be designed to incorporate character because it will become a major corner in Eagan. She stated that she watched the video tape of a Council meeting from six months ago and it was clear that the clock tower was going to be added to the PD. She further stated that the memo is clear about what the Council agreed to. She said that the clock tower and parking arrangements are two crucial elements of this project. Councilmember Carlson said that she voted against the transit station because of the location. She added that the memo clearly outlines discussion and agreements that occurred and should be included in the PO Agreement. Mayor Awada stated that the Council is on legal ground because there is not a signed PO Agreement. Counci1member Blomquist stated that the clock tower and signage had not been discussed by the Council. She added that she had been concerned about the height and location of the clock tower. Director of Public Works Colbert noted that it is proposed to be located near a signalized intersection, which would not pose significant sight concerns. Mayor Awada referenced minutes that stated the clock tower matter would be brought back to Council for discussion. Counci1member Blomquist said that she was opposed to an increase in the clock tower height over what the Council had previously agreed to. She commented that the language regarding "City of Excellence" should not be included in the signage. She suggested using the City's Lone Oak Tree logo. Counci1member Masin stated that she was not opposed to the location and design of the clock tower as proposed by LSA Design adding that it blends in better than what was previously proposed. Counci1member Blomquist concurred. Counci1member Masin also added that it should not be necessary to have an agreement with the MVT A for the use of the parking structure for community events since the City of Eagan is part of the MVT A. Mayor Awada noted that the conditions were not included in the PD Agreement but should have been. Counci1member Carlson said that security was also addressed in the memo. Mayor Awada asked the City Attorney what would need to be done to ensure the conditions were included in the Final PD Agreement. City Attorney Sheldon stated that if the Council feels the conditions should be included, and they are not at this time, then there is no agreement between the City and the MVT A presently. Counci1member Carlson added that the memo was prepared by the design consultant and the Council should include the conditions in the PD Agreement. Mayor Awada proposed that the Council work with the MVTA on the design of the clock tower. Mr. Lasher suggested adding it to the stair tower because it would give the corner a clear and identifiable image, it would not restrict vision or require any additional setbacks. Additional discussion occurred regarding the appropriate design and location of the clock tower. Senior Planner Ridley noted that the MVT A is requesting commerdal signage on the east side of the parking structure. Counci1member Masin stated that the Council has been trying to restrict signage and billboards along major roads; however, she added that this request does not appear to be any worse than other signs that appear along the freeway. Counci1member Carlson stated that she was not in support of this request. Councilmember Masin noted that even with the additional signage they would still be below the allowed signage. Councilmembers concurred that the proposed signage for the east side of the parking structure at the MVT A transit station was not acceptable. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 21, 2000 PAGE 8 00084 City Administrator Hedges referenced the September 1, 1999 memo from LSA Design and stated that the City Council could take action to include the conditions within the PD Agreement and make any necessary revisions to the memo. Councilmember Blomquist stated that she did not object to the inclusion of the memo; however, she did object to the design of the clock tower and the inclusion of the "City of Excellence" language and suggested this language be deleted from the memo and replaced with the addition of the Lone Oak Tree logo. Councilmember Blomquist moved, Councilmember Carlson seconded a motion to incorporate the September 1, 1999 memo from LSA Design into the PD Agreement subject to the City of Excellence language being struck and the addition of the City's Lone Oak Tree logo into the signage plan. Aye: 4 Nay: 0 Councilmember Blomquist moved, Councilmember Masin seconded a motion to delete reference to the clock tower as part of the corner monument signage from the PD conditions and to approve the clock tower element as part of the stairwell structure as shown on the revised elevation rendering. As a point of clarification, Counci1member Carlson stated that the Council direction is for staff to summarize applicable conditions found in the September 1, 1999 memo from LSA Design and incorporate those into the conditions of approval for the PD Agreement. Mr. Lasher commented that they are willing to work with the City Council on the design of the clock tower feature. Counci1member Masin expressed her desire to rescind her vote to approve inclusion of the September 1,1999 memo into the PD Agreement. A vote was taken on the motion. Aye: 2 Nay: 2 (Mayor Awada and Counci1member Carlson opposed) The motion failed for lack of a majority. Counci1member Masin moved to rescind her previous vote. The motion failed for lack of a second. City Attorney Sheldon was asked to determine the appropriate procedure for rescinding a previous vote. The meeting was recessed at 8:55 p.m. and reconvened at 9:05 p.m. City Attorney Sheldon reported that a vote could be rescinded by Council consensus. Councilmembers concurred to allow Councilmember Masin to rescind her aye vote. The vote on the following motion was revised to reflect the rescission: Councilmember Blomquist moved, Councilmember Carlson seconded a motion to incorporate the September 1, 1999 memo from LSA Design into the PD Agreement subject to the City of Excellence language being struck and the addition of the City's Lone Oak Tree logo into the signage plan. Aye: 3 Nay: 1 (Councilmember Masin opposed) SOLID WASTE ABATEMENT COMMISSION City Administrator Hedges provided an overview on this item. Councilmember Carlson said that she preferred to have the word recycling included in the name of the commission. Counci1member Masin questioned the redundancy of including r~cycling in the title 00085 EAGAN CITY COUNCIL MEETING MINUTES; MARCH 21, 2000 PAGE 9 when it means the same as waste reduction. Mayor Awada noted that the purpose of the name change is to attempt to attract more applicants to the commission. Councilmember Blomquist moved, Councilmember Carlson seconded a motion to approve the name change of the Solid Waste Abatement Commission to the Recycling and Waste Reduction Advisory Commission. Aye: 3 Nay: 1 (Counci1member Masin opposed) ECONOMIC DEVELOPMENT COMMISSION, CONSIDERATION OF HOTEL STUDY City Administrator Hedges provided an overview on this item. Julie Stackhouse, EDC Chair, discussed the subcommittee's initial findings and provided background information on a previously conducted hotel study. She also talked about the effects that additional hotels will have on occupancy rates. She requested direction from the City Council regarding what they would like the subcommittee to study. Councilmember Blomquist moved, Mayor Awada seconded a motion to direct the Economic Development Commission to complete a comprehensive study of Eagan's hotel industry within the next six months. Further discussion occurred on the specific areas to be studied. Mayor Awada refined the language in the direction identified on page 83 of the Council packet as follows: 1. Examine in depth the economic growth in the area to determine if there are new businesses or attractions being proposed that might generate the need for an increase in hotel rooms in the future. 2. Examine the facility and service needs of major market sectors, and determine what needs are not met. 3. Make recommendations that might limit the type, timing, or number of new hotels in the community taking into account public safety concerns and the Cedarvale Redevelopment Area. Greg Miller, representing Wispark, expressed concern for the lack of hotels in the Highway 55/149 area. He added that although one area of the City might be overbuilt another area might be under-served. Mayor Awada and Counci1member Carlson stated that the study should also review lodging needs throughout the City and focus on quality standards for any new hotel development. Ann Carlon, Executive Director of the Convention and Visitors Bureau, stated that the City is still in need of full service hotels. A vote was taken on the motion. Aye: 4 Nay: 0 NEW""""""""""""""n""""u""""s"'"'I""N""""'ES""""""S"., , " .. ,... . . - .. . ..... .. .. . - - . ..:::...~...'. ;. .::;..,::::: .....:::..:..::.::......::.::; ",;",:,,:, .:..:..: '.' REZONING (PRELIMINARY PLANNED DEVELOPMENT) - GLEN POND APARTMENTS PRELIMINARY SUBDIVISION (EFFRESS 2ND ADDITION) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Dick Krum, architect for the property owner, commented on the tree loss and stated that the trees on site are not significant woodlands that would be incorporated into an urban landscape plan. He noted that most of the vegetation on site is volunteer growth. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 21, 2000 PAGE 10 00086 Senior Planner Ridley stated that size, not type, determines whether a tree is classified as significant. He said that the trees on the site are considered significant according to a strict review of the City Code. Mr. Krum said they would like to reduce the amount of mitigation because they feel they have submitted an acceptable landscape plan. Senior Planner Ridley concurred that the plan was acceptable. Mr. Crumb stated that there is adequate land for recreational activities and passive areas. He commented on the difficulty in matching the exterior materials to the existing apartments. He added that they will incorporate more brick if there are ample funds to do so. Mayor Awada said she supports the APC's position with regard to the exterior materials. Counci1member Carlson stated that the developer should try and match the exterior materials with the existing buildings. Counci1member Blomquist added that the new buildings will never look exactly like the existing buildings. Senior Planner Ridley stated that the goal of the APC was to make Phase I and Phase II consistent in appearance. He added that staff can work with the applicant to resolve the design details. Councilmember Masin questioned when the public hearing will be held with regard to Marice Drive and asked if it would be appropriate for the APrC to make Moonshine Park a more viable park for this area. Senior Planner Ridley said that the Marice Drive public hearing will follow the approval of the rezoning and subdivision. He noted that the study of Moonshine Park was undertaken by the Parks Department in January and is ongoing at this time. Councilmember Carlson moved, Mayor Awada seconded a motion to approve a Preliminary Subdivision (Effress 2nd Addition) to create four lots on approximately 24.6 acres located east of Pilot Knob Road between Marice Drive and High Site Drive in the SW 1/4 of Section 10, subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3,1993: Bl, B2, B3, B4, Cl, C2, C3, C4, Dl, and El. Platting 2. The property shall be platted. Water Quality 3. This development shall meet its water quality requirements through creation of treatment ponding. A minimum wet-pond volume of 1.25 acre-feet over an area of 0.53 acres should be provided to treat the storm water generated by this development. The specific details of the location and design of the water quality pond shall be according to the recommendation of the Advisory Parks Commission. Easements / Rights-of- Way / Permits 4. The developer shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. 5. The developer shall dedicate public right-of-way for future Northwood Parkway, as shown on the preliminary plat. 6. The City Council has not yet determined the public interest of vacating a portion of Marice Drive and High Site Drive; therefore, a public hearing must be held and the proposed public rights-of-way must be vacated prior to final subdivision approval. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 21, 2000 PAGE 11 00087 Tree Preservation 7. The applicant shall comply with the City's Tree Preservation Ordinance requirements and provide tree mitigation as recommended by the APrC. A final Tree Preservation Plan demonstrating compliance with the ordinance requirements shall be required prior to Final Subdivision approval. Parks and Recreation 8. Park and trail dedication requirements shall be fulfilled as recommended by the APrC. 9. Trail access be provided from the development to Pilot Knob Road. 10. The Applicant shall acquire fee title to all land in the development proposal, including the land currently owned by MnDOT, prior to Final Subdivision approval. Aye: 4 Nay: 0 Mayor Awada moved, Counci1member Carlson seconded a motion to approve a Preliminary Planned Development for proposed Lot 2, Block 1, for development of four apartment buildings totaling 228 units, and for Lot 1, Block 2 for future development of Limited Business uses, subject to the following conditions: Uses 1. The following uses are allowed within this Planned Development. Lot 2, Block 1 Lot 1, Block 2 Four, three-story apartment buildings totaling 228 units Uses allowed in the Limited Business zoning district 2. The performance standards required for development of Lot 1, Block 2 shall be those that apply to the LB zoning district. 3. The area of Pond CP-5 cannot be used as lot area toward determining maximum density or lot coverage for Lot 1, Block 2, at the time that lot develops in the future. Agreement 4. A Final Planned Development Agreement shall be required for each lot prior to construction. The following plans are required for the Final Planned Development Agreement and shall be consistent with the Preliminary Planned Development: Final Site Plan Final Building Elevations Final Landscape Plan Final Signage Plan Final Site Lighting Plan Platting 5. The property shall be subdivided and replatted. EAGAN CITY COUNCIL tvrnETING MINUTES; MARCH 21, 2000 PAGE 12 00088 Airport Noise Considerations 6. The developer shall ensure that the building plans, materials and construction of the building improvements are such that they will provide an interior sound level of 45 dBA, as compared with a noise level of 65 DNL. Building Elevations 7. As required by City Code, all exterior surfaces shall be treated as a front and have an equally attractive or the same architectural treatment. As part of the Elevation Plan submittal for Final Planned Development, the applicant shall modify the proposed architectural design and exterior materials to be consistent with that used on the currently existing Glen Pond apartment buildings. Landscaping 8. The landscape plan shall be revised to incorporate trees within the yard areas, throughout the parking lot, and to established buffers between the buildings and public rights-of-way, especially along the future Northwood Parkway and 1-35E. The revisions to the landscape plan should also be shown on the combined landscape and tree mitigation plan. 9. The final landscape plan shall note that automatic irrigation will be provided for all landscaped areas as required by the City Code. Additionally, the final landscape plan shall show underlying grading contours and must be prepared and signed by a registered landscape architect or certified nurseryperson. Tree Preservation 10. This development shall comply with the dty's Tree preservation Ordinance, and provide mitigation as recommended by the Advisory Parks Commission. Signage 11. All site signage shall comply with applicable provisions of the City Sign Code. General Performance Standards 12. All trash and recyclable storage areas shall be contained within the buildings. Outside storage of trash and recyclables shall not be allowed. 13. All requirements set forth in Section 11.10, Subdivision 24 of the City Code shall apply to this Planned Development. The applicant shall submit detailed plans at the time of Final Planned Development demonstrating compliance with these standards. 14. All plans and building permits for the design and development of Lot 1, Block 2, shall be presented to the APC and City Council for approval prior to permit issuance and development. Aye: 4 Nay: 0 ORDINANCE AMENDMENT, CHAPTER 4 OF THE EAGAN CITY CODE ENTITLED CONSTRUCTION LICENSING, PERMITS City Administrator Hedges provided an overview on this item. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 21, 2000 PAGE 13 00089 Counci1member Carlson moved, Councilmember Blomquist seconded a motion to approve an ordinance amendment to Chapter 4, Section 4.01 to reflect legislative changes to the State Statutes. Aye: 4 Nay: 0 HAZARDOUS PROPERTY RESOLUTION FOR 4391 GARDEN TRAIL City Administrator Hedges provided an overview on this item. Counci1member Carlson moved, Counci1member Blomquist seconded a motion to approve the Order to Remove Hazardous Conditions of Building/Property at 4391 Garden Trail. Aye: 4 Nay: 0 ~fJ~t~j!~T!M~GQMflN~~~y::.,;IR~ AMENDMENT TO MLC JOINT AND COOPERATIVE AGREEMENT City Administrator Hedges provided an overview on this item. 00-19 Counci1member Carlson moved, Counci1member Blomquist seconded a motion to approve a resolution amending the MLC Joint and Cooperative Agreement. Aye: 4 Nay: 0 ADMl&tSTRATIV:e::AGE8ttltA( .....................,.................................................................................................................................. SPECIAL CITY COUNCIL MEETING TO DISCUSS KOLLOFSKI ADDITION PROPERTY DISPOSAL APRIL 4, 2000 City Administrator Hedges provided an overview on this item. Counci1member Carlson moved, Councilmember Masin seconded a motion to schedule a special City Council meeting for April 4, 2000 to further discuss the Kol1ofski Addition property disposal. Aye: 4 Nay: 0 .......................................... ........................................... ";;t':nyhi"i'D''Ii(l'ii:';rt;<Kitr ~Y1.y~A~~~~i~:~~:,~~~~: City Administrator Hedges noted that a request had been made to hold an Executive Session for the purpose of discussing the Michael Vincent vs. City of Eagan, Mayor Awada and Councilmembers Bakken and Carlson; however, the legal counsel representing the City was unable to attend. The meeting adjourned at 10:10 p.m. to allow City Attorney Sheldon an opportunity to share minimal information about the lawsuit in an attorney/client meeting. MLK MARCH 21, 2000 Date {YJ~t(rvJo 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, (651) 681-4600, (TDD phone: (651) 454-8535). 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