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07/20/1999 - City Council Regular 00209 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 20, 1999 A regular meeting of the Eagan City Council was held on Tuesday, July 20, 1999 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Masin, Blomquist, Carlson and Bakken, Also present were City Administrator Tom Hedges, Planner Julie Farnham, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. AGENDA Mayor Awada noted that Councilmembers Blomquist and Masin would be providing an update on the N.O.I.S.E. Conference under Legislative/Intergovernmental Affairs. City Administrator Hedges stated that an Executive Session would follow the regular City Council meeting to discuss pending litigation. Councilmember Blomquist requested that Items C and G of the Consent Agenda be separated for discussion under Old Business and New Business, respectively. Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve the agenda as modified. Aye: 5 Nay: 0 MINUTES OF THE JULY 6, 1999 REGULAR MEETING Councilmember Blomquist moved, Councilmember Masin seconded a motion to continue approval of the minutes to the August 3, 1999 City Council meeting. Aye: 5 Nay: 0 MINUTES OF THE JUNE 29, 1999 SPECIAL MEETING Councilmember Blomquist moved, Councilmember Masin seconded a motion to continue approval of the minutes to the August 3,1999 City Council meeting. Aye: 5 Nay: 0 VISITORS TO BE HEARD The business owner of All Time Favorites Event Planning expressed his concern regarding the recording being utilized by U.S. West. He stated that the recording does not provide callers with the new area code and is resulting in lost business, Walt Powers, Powers Investigations, Inc., mentioned that he and two other business owners have filed a class action lawsuit against U.S. West. He said that, although the recording has been changed, it still doesn't provide callers with the correct area code. He requested the City send a representative to District Court to observe the hearing process. DEPARTMENT HEAD BUSINESS RECOGNITION OF NEW VOLUNTEER FIREFIGHTERS City Administrator Hedges provided an overview on this item. Mayor Awada presented badges to Keith Breckheimer and Tim Snetting. CIVIC ARENA ICE RATES City Administrator Hedges provided an overview on this item, Councilmember Bakken moved, Councilmember Masin seconded a motion to accept public comment. Aye: 5 Nay: 0 EAGAN CIlY COUNCIL MEETING MINUTES; JULY 20, 1999 PAGE 2 00210 Councilmember Blomquist said that she had previously requested information regarding cost justification for the increase. Councilmember Carlson said that the justification was attributed to increases in staff costs and inflationary increases to maintenance costs. Councilmember Blomquist stated that the reasons for the increase are not fully supported and indicated that she would be voting against this item. Director of Parks and Recreation Vraa said that reserve funding was set aside for renewal and replacement of large capital items, but added that smaller maintenance items were not accounted for. He mentioned that citizen's requests for capital improvements have to be funded out of the revenue stream. He further mentioned that all neighboring competitors have increased their rates to $140. Councilmember Blomquist moved, Councilmember Carlson seconded a motion to deny an increase in prime time ice rental at the Eagan Civic Arena from $135.00 to $140.00. Mayor Awada said that the Council intended for the first sheet of ice to pay for itself and not rely on taxpayer subsidies. Councilmember Bakken added that the ice arena was to be fashioned after a business enterprise model and said that the increase is in line with the rates charged by neighboring cities. He noted that users are requesting additional services and improvements. Councilmember Carlson stated that the increase only applies to prime time ice rental and added that the Hockey Association is the primary user. She further added that the Hockey Association is involved in many fundraisers to support the arena and should not be charged additional fees for ice rental. She suggested looking at other options to offset the increases to salaries and maintenance. Councilmember Bakken asked if the market would be able to sustain a five-dollar increase to all users of the arena. Director of Parks and Recreation Vraa stated that non-prime hours are more elastic and are subject to price competition. A vote was taken on the motion. Aye: 3 Nay: 2 (Mayor Awada and Councilmember Bakken opposed) CONSENT AGENDA A. Personnel Items Item 1. It was recommended to approve the hiring of a person to be recommended as a temporary building inspector. Item 2. It was recommended to approve the hiring of Derek Harmon, Sara Kilby, Joseph Koch, Daniel Willis, Chris Allmaras and Susan Casey as seasonal lifeguards for Cascade Bay. Item 3. It was recommended to approve the hiring of Christine Weiss as a seasonal substitute lifeguard for Cascade Bay. Item 4. It was recommended to approve the hiring of Sarah Block as seasonal concessions substitute for Cascade Bay. Item 5. It was recommended to approve the hiring of Brad Kassha as a seasonal operations & maintenance shift leader for Cascade Bay. Item 6. It was recommended to approve the hiring of Scott Holmes as a seasonal tennis instructor. Item 7. It was recommended to approve the hiring of Josh Austad as a seasonal skating instructor for the Civic Arena. EAGAN CIlY COUNCIL MEETING MINUTFS; JULY 20, 1999 PAGE 3 00211 Item 8. It was recommended to approve the reclassification of the Clerical Tech II in the Parks & Recreation to Clerical Tech III compensation range. B. Amendment to the Joint Powers Agreement with Apple Valley and Rosemount for TSI Portacount Equipment by adding Farmington. It was recommended to approve an amendment to the Joint Powers Agreement with Apple Valley and Rosemount for TSI Portacount Equipment by adding Farmington. C. Approve 7-1-99 to 7-1-00 General Insurance renewal. (This item was pulled from the Consent Agenda and considered under Old Business.) D. Amusement device license renewal, American Amusement Arcades. It was recommended to approve an amusement device license renewal for American Amusement Arcades as presented. E. Final Planned Development, Holiday Stationstores, Inc. for Lot 1, Block 2, Oakview Center. It was recommended to approve a Final Planned Development to allow construction of a 5,088 square foot convenience gas and retail store on Lot 1, Block 2, Oakview Center, north of Hwy. 55 at Hwy. 149 in the NW 1/4 of Section 12. F. Final Plat Gopher Eagan Industrial Park 6th Addition and Final Planned Development, Gopher 99- 5 2 Resources Corporation. It was recommended to approve a Final Planned Development to allow future buildings and/ or building additions (as shown on the site plan) upon a 22.9 acre site located north of Yankee Doodle Road and west of T.H. 149 upon property currently platted as Lot 1, Block 2 and Outlot F, Gopher Eagan Industrial Park 2nd Addition within the SW % of Section 12. It was also recommended to approve a Final Plat (Gopher-Eagan Industrial Park 6th Addition) establishing a single 22.9 acre parcel. G. "No Parking" sign petition, Atlantic Hills Drive (East Cul-de-sac). (This item was pulled from the Consent Agenda and considered under New Business.) H. Contract 99-12, approve plans & specs, authorize ad for bids - Silver Bell Road (TH 13 to Kennebec Drive). It was recommended to approve the plans for Contract 99-12 (Silver Bell Road - Street and Traffic Signal Improvements) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, August 12,1999. I. Acceptance of LeTS grant for Youth at Risk Programs, It was recommended to accept a $25,000.00 grant award from the District 196 LCTS (Local Collaborative Time Study) for expansion of youth development programs at Wescott. J. Appointment of Eric Macbeth to the Gun Club WMO. It was recommended to appoint Eric Macbeth, Water Resources Coordinator, to the Gun Club WMO and as an Eagan representative to the Blackdog WMC as an alternate. K. Exemption from lawful gambling license, Eagan Ducks Unlimited to conduct a raffle at Royal Cliff on 99- 54 September 21, 1999. It was recommended to approve an exemption from the lawful gambling license for Duck's Unlimited to conduct a raffle on September 21, 1999 at Royal Cliff. Councilmember Blomquist moved, Mayor Awada seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 City Administrator Hedges introduced Water Resources Coordinator Eric Macbeth. EAGAN CIlY COUNCIL MEETING MINUTES; JULY 20, 1999 PAGE 4 OU21.2 PUBLIC HEARINGS FOREST RIDGE MULTIFAMILY HOUSING REVENUE REFUNDING BONDS City Administrator Hedges provided an overview on this item. Mayor A wada opened the public hearing to anyone wishing to speak. There being no one, she closed the public hearing. Councilmember Masin moved, Mayor Awada seconded a motion to approve the resolution authorizing the issuance and sale of Multifamily Housing Revenue Refunding Bonds, Series 1999A and taxable Multifamily Housing Revenue Bonds, Series 1999B, establishing the security therefor and 99- 54 . 1 authorizing the execution of documents. Aye: 5 Nay: 0 PROJECT 749 (E. HWY. 55 SO. FRONT AGE RD. - RECONSTRUCTION) City Administrator Hedges provided an overview on this item. Councilmember Carlson moved, Councilmember Bakken seconded a motion to open the public hearing. Aye: 5 Nay: 0 Lois Schaaf, 515 Chapel Lane, read a letter sent to the City Council by her and her husband identifying their concerns with regard to the private road to Louis Lane and Highway 55. John Stryker, 525 Chapel Lane, stated that he was strongly opposed to the construction of a road through his property. Earl Elling, 3295 Highway 55, expressed safety concerns with regard to the increased traffic that will be created by Windsor Estates. He noted that the road width of twenty-eight feet raises additional safety concerns. He presented a letter to the City Council on behalf of his neighbor Rob Tapp, 3325 Highway, who was unable to attend the meeting. Bill Griffith, representing Hartford Financial, developer of Windsor Estates, said they support the City's efforts to address the safety concerns and to improve access to Highway 55. He noted that the issue of the reconstruction of the frontage road would be before the City Council whether or not an application had been submitted for Windsor Estates, He mentioned that they attempted to negotiate with one of the property owners for an easement, but they were not successful. He added that'they wanted to determine the options supported by the City Council prior to further negotiations with additional property owners. He further added that they are willing to share in the cost of acquiring access points. He stated that this property has access today and the City must continue to provide a legal access in the future. Councilmember Blomquist said that the name of the development should be changed since the word Estates cannot be used for a multiple dwelling development. City Administrator Hedges noted that the word estate applies to 20,000 square foot lots. Councilmember Blomquist mentioned that she has not seen any plans for the Windsor development and is unsure how it will impact the neighborhood. Mr. Griffith said that the application was delayed in an effort to cooperate with the access management review process. He further said that this property is guided and zoned for a high-density development. Vern Schaaf, 520 Chapel Lane, said that he was opposed to the volume of traffic that would be generated from the Windsor development onto Chapel Lane. He stated that they were not interested in having a road constructed across the north part of their property, but added that they would be willing to look at the alignment and the potential impacts. EAGAN CITY COUNCIL MEETING MINUTES; JULY 20, 1999 PAGE 5 00213 Cindy Klotzbach, 603 Chapel Lane, said that the proposed Windsor development property is inappropriately zoned. She mentioned that the traffic from the Cherrywood Knolls development will be directed onto Chapel Lane and added that she was concerned about the traffic impacts to the Schaaf property . Mike MaGuire, 3325 Wren Lane, stated that the Windsor property was zoned based on the fact that there were two accesses to Highway 55. He further stated that the proposed development will result in too much traffic through the neighborhood and said that the property should be rezoned. Lynn Kosloske, 585 Chapel Lane, questioned the construction of a road through the Schaaf property. There being no one else wishing to speak, Mayor Awada closed the public hearing. Director of Public Works Colbert explained that the Council was not considering the Windsor Estates development this evening. He noted that the 28-foot width of the south frontage road would be substandard for the traffic volumes anticipated to be generated by the proposed Windsor Estates. Councilmember Bakken moved, Mayor Awada seconded a motion to approve access on the west side of Windsor Estates to the cul-de-sac off the frontage road, to reconstruct the frontage road to a 28- foot width and to direct the negotiation of an additional east access across the northerly portion of the Schaaf property. Councilmember Carlson said she did not think the Council should be considering the Schaaf property for an additional access at this time. She further said that access should be provided at the existing location and the frontage road should be reconstructed as a full standard City street. Councilmember Blomquist expressed concern about assessing the property owners along the Highway 55 south frontage road, She said that they would not directly benefit from the installation of the cul-de-sac on the Windsor property. Councilmember Masin stated that she was supportive of the upgrade to Highway 55, but expressed concern about safety. Discussion occurred regarding the cost that would be incurred to wide~ the road from 28 feet to 32 feet. A vote was taken on the motion. Aye: 2 Nay: 3 (Councilmembers Blomquist, Masin and Carlson opposed). The motion failed for lack of a majority. Councilmember Bakken moved, Councilmember Carlson seconded a motion to modify Project 749 (Hwy. 55 South Frontage Rd. - Reconstruction) to allow Windsor Estates to take access off the western cul-de-sac. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) Councilmember Bakken moved, Mayor Awada seconded a motion to encourage staff to work with the Schaafs, at the appropriate time, to pursue an option for a secondary access along the west and north sides of the Schaaf property. Councilmember Bakken said it would not be appropriate to direct all the traffic to the west along the frontage road. Councilmember Carlson said that an access through the Schaaf property would destroy the topography and would be disruptive to the existing trees. She said the Council should not take any action at this time to require a secondary access through the Schaaf property. Councilmember Bakken stated that the language in the motion states that staff should work with the Shaafs at the EAGAN CIlY COUNCIL MEETING MINUTES; JULY 20, 1999 PAGE 6 00214 appropriate time. He said the intent of the motion was to keep the option open. Councilmember Masin questioned if staff should be spending time on this matter or if the developer should be required to address it. Councilmember Bakken stated that the motion was made to ensure that the necessary information would be available at the time the plat is submitted for consideration. A vote was taken on the motion. Aye: 2 Nay: 3 (Councilmembers Blomquist, Masin and Carlson opposed). The motion failed for lack of a majority. VARIANCE & FINAL PLAT- JENSEN'S SUPPER CLUB ADDITION City Administrator Hedges provided an overview on this item. Planner Farnham gave a staff report. Councilmember Masin abstained from discussion on this item. Councilmember Bakken moved, Mayor Awada seconded a motion to approve a Final Plat Oensen's Supper Club Addition) that will replat two individual parcels of land into a single lot of record located at 3840 Sibley Memorial Highway in the NE 1/, of Section 19. 99-53 Mayor Awada opened the public hearing to anyone wishing to speak. There being no one, she closed the public hearing. A vote was taken on the motion. Aye: 4 Nay: 0 (Councilmember Masin abstained) Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a 15 foot Variance from the minimum 20 foot front yard setback requirement for an off-street parking area applied to land currently described as Outlot B and Lot 3, Block 1, Cedarvale 2nd Addition located in the NE y, of Section 19 subject to the following conditions: 1. Outlot B and Lot 3, which presently underlie the subject property, shall be legally combined into a single legally described parcel via replat. 2. The Conditional Use Permit shall be recorded within 60 days of the replat of the property. 3. The City shall find the proposed parking stall widths (nine feet) to be acceptable. Aye: 4 Nay: 0 (Councilmember Masin abstained) VARIANCE - LEO HOLM & BARB BAUER City Administrator Hedges provided an overview on this item. Planner Farnham gave a staff report. Councilmember Bakken moved, Councilmember Masin seconded a motion to approve a Variance of 3.25 feet to the maximum six-foot fence height for 4350 Wood Duck Circle, legally described as Lot 33, Block 2, Mallard Park Third Addition located in the NE % of Section 29 subject to the following condition: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the approved variance. Mayor Awada opened the public hearing to anyone wishing to speak. EAGAN CIlY COUNCIL MEETING MINUTES; JULY 20, 1999 PAGE 7 00215 Leo Holm, applicant, stated that the neighbor at 4346 Woodgate Lane, altered the drainage and elevation of their lot. He stated that he constructed a fence to provide privacy. He mentioned that he had letters of support from two of the neighbors. Councilmember Masin questioned if there is language in the City ordinance, which prohibits drainage onto a neighbor's property. Director of Public Works Colbert mentioned that a ten-foot easement is dedicated for mutual drainage across a common property line. He added that a property owner could not alter the drainage pattern due to the placement of fill on their lot. Bob Pekarek, 4346 Woodgate Lane, stated that they attempted to maintain the natural surroundings when their house was constructed. He further stated that they were opposed to the fence, Discussion occurred regarding how much of the fence was taller than six feet. There being no one else wishing to speak, Mayor Awada closed the public hearing. Mayor Awada spoke in favor of the motion stating that it was appropriate to keep the height of the fence level. Councilmember Blomquist expressed concern that granting a variance of this nature would set a precedent. Councilmember Carlson noted that the fence was nicely constructed, but added that the plan should have been presented to the Council before the fence was built. Mayor Awada mentioned that she did not recall anyone requesting any variances to fence height in the past eight years. Councilmember Blomquist said that there were valid reasons, which supported the adoption of the fence ordinance. A vote was taken on the motion. Aye: 4 Nay: 1 (Blomquist opposed) JAMES GRINDELAND, 3753 WESCOTT HILLS DRIVE City Administrator Hedges provided an overview on this item. Planner Farnham gave a staff report. Mayor A wada opened the public hearing to anyone wishing to speak. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a 3-foot Variance to the la-foot side yard setback requirement for Lot 6, Block 2, Sunrise Hills located in the SE % of Section 14. James Grindeland, applicant, stated that he had obtained signatures from his neighbors indicating their support of the variance request. There being no one else wishing to speak, Mayor Awada closed the public hearing. Councilmember Masin stated that the fact that an error occurred by the homebuilder in the original positioning of the dwelling was not a valid hardship. Mr. Grindeland explained the reasons for the positioning error. A vote was taken on the m~tion. Aye: 5 Nay: 0 Mayor Awada recessed the meeting at 8:55 p.m. The meeting was reconvened at 9:05 p.m. EAGAN CIlY COUNCIL MEETING MINUTES; JULY 20, 1999 PAGE 8 00216 VARIANCE - JEWISH COMMUNITY CENTER OF ST. PAUL O'BRIEN LAKE (CAMP BUTWIN) City Administrator Hedges provided an overview on this item. Planner Farnham gave a staff report and noted that condition no. 2, regarding platting of the property, should be deleted. Councilmember Blomquist moved, Councilmember Bakken seconded a motion to approve a Variance to the Shoreland Ordinance to allow renovation/ expansion of existing bathroom facilities within the required 1S0-foot setback from O'Brien Lake subject to the following condition: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. Mayor A wada opened the public hearing to anyone wishing to speak. There being no one, she closed the public hearing. Councilmember Bakken noted that hardship was proven since the toilet facilities and septic systems would be brought up to current code requirements, including ADA requirements. A vote was taken on the motion. Aye: 5 Nay: 0 OLD BUSINESS RECONSIDERATION, CONDITION OF APPROVAL, INTERIM USE PERMIT FOR CEDARV ALE MALL, ISO 191 City Administrator Hedges provided an overview on this item. Planner Farnham gave a staff report. Councilmember Masin moved, Councilmember Blomquist seconded a motion to approve an amendment to the conditions of approval for the Interim Use Permit (IUP) issued for ISD 191 for the expansion of the Special Education Program at Cedarvale Mall as follows: The total number of students served at Cedarvale shall not exceed 90. the population shall be monitored to ensure that a distribution of approximately two-thirds secondary to one-third elementary age students is maintained. A representative for the applicant stated that they intend to keep the student population balanced. Sue Grissom, representing ISD 191, explained why it would be difficult to maintain the 40/50 distribution of elementary and secondary students. A vote was taken on the motion. Aye: 4 Nay: 1 (Councilmember Carlson opposed) APPROVE 7-1-99 TO 7-1-00 GENERAL INSURANCE RENEWAL Councilmember Masin moved, Councilmember Carlson seconded a motion to open the item for discussion. EAGAN CIlY COUNCIL MEETING MINUTES; JULY 20, 1999 PAGE 9 00217 Councilmember Masin questioned the 8% increase in coverage regarding the Open Meeting Law and said that to her knowledge no one had ever gone to court regarding this matter. City Attorney Sheldon stated that the City of Eagan has never had a claim. Finance Director Gene VanOverbeke stated that coverage for defense of a violation of the Open Meeting Law had increased from 80% to 100%. Questions were also raised regarding the Petrofund and the surcharge for Land Use Liability claims coverage. Councilmember Blomquist moved, Councilmember Bakken seconded a motion to approve the general insurance renewal for 7-1-99 to 7-1-00. Aye: 5 Nay: 0 NEW BUSINESS 2000-2004 PART III (UTILITIES AND STREET INFRASTRUcrURE) CAPITAL IMPROVEMENT PROGRAM City Administrator Hedges provided an overview on this item. Councilmember Bakken moved,Councilmember Carlson seconded a motion to approve the 5- Year Capital Improvement Program (2000-2004) Part III (Public Infrastructure - Streets and Utilities) and authorize its implementation. Aye: 5 Nay: 0 REQUEST FOR WAIVER OF PAYMENT OF SEWER AVAILABILITY CHARGE LINVILL PROPERTIES - DAY BY DAY CHILD CARE DEVELOPMENT CENTER City Administrator Hedges provided an overview on this item and said that Mr. Linvill was agreeable to a payment of $1,350 to resolve the sewer availability charge and related fees. Mayor Awada moved, Councilmember Carlson seconded a motion to accept Linvill Properties' offer to pay $1,350 in Sewer Availability Charges (SAC) and related fees for the Day By Day Child Care Development Center located at 4130 Blackhawk Road. Aye: 5 Nay: 0 PRELIMINARY PLANNED DEVELOPMENT & PRELIMINARY SUBDIVISION DECALLA PROPERTIES (CEDARVIEW 2ND ADDITION) City Administrator Hedges provided an overview on this item. Planner Farnham gave a staff report. Director of Public Works Colbert noted that the financial obligation would be less than the amount contained in the staff report since the water lateral was reduced to 600 F.F. from 746 F.F. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a Preliminary Planned Development to allow 8 single family residential lots upon approximately 4.0 acres of land located south of Cliff Road and west of Nicols Road in the northwest % of Section 31 subject to the following condition: 1. The City approve the Cedarview 2nd preliminary subdivision and the developer satisfy all conditions attached thereto. Councilmember Masin questioned if the buffer from the freeway had been incorporated into the new proposal. Councilmember Carlson stated that the first proposal that was submitted contained a much higher density. She added that she preferred the density of the new proposal and added that an adequate buffer from the freeway still exists. EAGAN CIlY COUNCIL MEETING MINUTES; JULY 20, 1999 PAGE 10 0021.8 A vote was taken on the motion. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a Preliminary Subdivision (Cedarview 2nd Addition) to allow the creation of an 8 lot single family residential subdivision located south of Cliff Road and west of Nicols Road in the northwest 1,4 of Section 31 subject to the following conditions: 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3,1993: Bl, C1, C2, 01 and E1 2. The property shall be platted. 3. The developer shall prepare a private easement document for the private street to Lots 4 through 8. This document should be submitted for review and approval by the City Attorney's office prior to Council action on the Final Subdivision. The developer shall record the easement with the plat. 4. The developer shall prepare a private ingress-egress document for the proposed private street for review and approval by the City Attorney prior to final subdivision approval. This easement shall be recorded with the final plat. 5. The following tree preservation related conditions shall be satisfied: A. Tree Protection measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. B. The applicant shall contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. C. Individual Lot Tree Preservation Plans shall be required at the time of building permit application for Lots 3 and 8. 6. This proposal shall be subject to a cash parks dedication and a cash trails dedication. 7. A cash dedication of $2,640 shall be provided in lieu of on-site ponding for the development. 8. Storm sewer pipes and catch basins, conforming to City engineering standards, shall be built at the intersection of the private street and Nicols Road. Aye: 5 Nay: 0 PRELIMINARY ~UBDIVISION (NORTHWOOD BUSINESS PARK) City Administrator Hedges provided an overview on this item. Planner Farnham gave a staff report. Councilmember Masin moved, Councilmember Blomquist seconded a motion to deny a Preliminary Subdivision (Northwood Business Park) to create one lot and one outlot on approximately 24 00219 EAGAN CIlY COUNCIL MEETING MINUTES; ]UL Y 20, 1999 PAGE 11 acres legally described as Outlot B, Lexington 2nd Addition, located north of Northwood Parkway and west of Lexington Avenue in the SE 1/4 of Section 10. Jim Ostenson, representing James Development, stated that this site is difficult to develop. He added that they have worked with staff to refine the plan, which is consistent with the zoning designation. He further added that the proposed density is half of what is allowed for the site. He commented on the significant tree loss and noted that they are mitigating as many trees on the site as possible. He said that proof of parking or a variance to the parking requirement would allow additional trees to be saved. Mayor Awada stated that the developer has done what the Council requested of him. Councilmember Masin stated that she would like to incorporate options in an attempt to save some of the trees. Councilmembers Masin and Blomquist withdrew their earlier motion. Mayor Awada moved, Councilmember Blomquist seconded a motion to approve a Preliminary Subdivision (Northwood Business Park) to create one lot and one outlot on approximately 24 acres legally described as Outlot B, Lexington 2nd Addition, located north of Northwood Parkway and west of Lexington Avenue in the SE 1/4 of Section 10 subject to the APC conditions, to mitigate every tree possible on Outlot A and to direct staff and the applicant to work on a proof of parking trade off. 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: B1, B2, B3, B4, C1, C2, C3, C4, Dl, and El 2, The property shall be platted. Storm Drainage 3. The trunk storm sewer outlet from Pond DP-13 shall be constructed as part of the first phase of this development. 4. A pipe outlet for the wetland along the north edge of the site shall be provided as part of this development to provide flood protection to the proposed b.uildings. Easements/Rights-of-Way /Permits 5. At the time of development of Outlot A, if access is to be provided directly to Lexington Avenue, the developer shall be responsible for obtaining Dakota County permit approval for that entrance onto Lexington Avenue (County Road 43). Wetlands and Water Quality 6. On-site ponding areas shall be constructed to provide treatment for runoff from this parcel. The pond excavations shall incorporate a 10-foot wide aquatic bench extending from NWL (normal water level) to 1 foot below NWL and side slopes below the aquatic bench should be 3:1 to a maximum depth of 6 feet. 7. A cash dedication in lieu of on-site ponding shall be required for the untreated portion of runoff from this site. EAGAN CIlY COUNCIL MEETING MINUTES; JULY 20, 1999 PAGEl2 00220 8. An undisturbed and unmaintained buffer extending at least 30 feet back from the delineated boundary of all unimpacted wetlands shall be preserved, except for those portions shown on the 6/2/99 revised grading plan. 9. Wetlands to be replaced shall be mitigated at a replacement ratio of 2:1. The mitigation wetland shown on the 6/2/00 revision provides 50% of the replacement needed and the remainder is provided by the on-site ponding areas and the wetland buffer strips. Landscaping 10, Prior to final subdivision approval, a final landscape plan shall be submitted by the applicant, subject to City staff review and approval, to provide sufficient growth room for trees and other plant materials, and to provide the required screening and amount of landscape materials relative to the building value. Tree Preservation 11. A revised tree inventory/preservation plan shall be submitted which confirms the number of significant trees located within the development site and the number of significant trees proposed to be removed, 12. Maximum tree preservation should be accomplished through the application of creative land use, site design and plan review. 13. A revised reforestation plan shall be submitted which indicates the installation of one- hundred forty-eight (148) Category A trees or two-hundred ninety-six (296) Category B trees or five-hundred ninety-two (592) Category C trees, or an equivalent combination of these trees as mitigation for tree removal in excess of allowable limits. Mitigation reforestation shall occur within the development site only if there is sufficient planting space following the approval of a submitted landscape plan. The balance of the mitigation can be fulfilled through reforestation on City park property or a cash payment. The form of mitigation to be applied shall be determined by the City. 14. A tree mitigation "credit system" will be employed for this site with the maximum preservation and required reforestation mitigation occurring within each phase. When the last phase is proposed reforestation mitigation will be recalculated by City staff and fulfilled by the applicant. . 15. Tree Protective measures (i,e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 16. The applicant shall contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. Parks and Recreation 17. This development shall be subject to a cash parks dedication and a cash trails dedication. Aye: 5 Nay: 0 EAGAN CIlY COUNCIL MEETING MINUTES; JULY 20, 1999 PAGE 13 00221 "NO PARKING" SIGN PETITION, ATLANTIC HILLS DRIVE (EAST CUL-DE-SAC) Councilmember Blomquist moved, Councilmember Carlson seconded a motion to receive the petition and approve the installation of "No Parking" signs on the cul-de-sac at the east end of Atlantic Hills Drive. Councilmember Blomquist expressed concern with the reported activities occurring in the cul-de- sac. Director of Public Works Colbert stated that Police Chief Geagan informed him that no drug activity has been documented in the cul-de-sac. Councilmember Masin stated that she would be voting against the request and said that other options should be considered to address the stated issues. Director of Public Works Colbert said that "No Parking" signs may discourage casual use of the cul-de-sac and added that time restrictions could be added to the signs. Councilmember Carlson said that time restrictions should be included on the signs. Councilmember Blomquist suggested a six-month to one-year trial period for the signs. A vote was taken on the motion. Aye: 4 Nay: 1 (Councilmember Masin opposed) LEGISLA TIVf,IINTERGOVERNMENT AL AFFAIRS Councilmembers Masin and Blomquist provided an update on the N.O.I.S.E. Conference they attended. City Administrator Hedges said that he would compile a summary of the conference information for distribution to the Council. ADMINISTRATIVE AGENDA US WEST AREA CODE INFORMATION City Administrator Hedges asked if a representative from the City should be sent to the District Court hearing to monitor the situation. Mayor A wada stated that the City should not join in the lawsuit at this time but should send a staff member to the court hearing. Councilmembers concurred. SCHEDULE SPECIAL CITY COUNCIL MEETING FOR AUGUST 3 Mayor Awada moved, Councilmember Carlson seconded a motion to schedule a special City Council meeting for Tuesday, August 3, 1999 at 4:30 p.m. for the purpose of prQviding direction for the 2000 General Fund Budget and to receive a recommendation for the Part III c.I.P. from the APrC. Aye: 5 Nay: 0 ROUND TABLE Director of Public Works Colbert stated that MnDOT has agreed to process the reconveyance of excess right-of-way as it relates to the extension of Northwood Parkway. City Administrator Hedges noted that the Cedarvale Task Force meeting has been postponed. Councilmember Masin congratulated Gresser Concrete Masonry on their 30th anniversary. She commented on the flowers that were planted by the water tower along 35-E. Councilmember Carlson mentioned that she will be hosting several Russian hockey players who will be in town for hockey tournaments. She said that she would like to offer some suggestions for generating revenue for the Civic Arena in lieu of raising the prime time ice rental fee. Further discussion regarding Civic Arena revenues was scheduled to occur at the August 3 workshop. EAGAN CITY COUNCIL MEETING MINUTES; JULY 20, 1999 PAGE 14 00222 ADJOURNMENT The meeting adjourned at 10:20 p.m. to an Executive Session to consider the settlement offer regarding the special assessment matter between Nader Noorshokry and the City of Eagan. Present were Mayor Awada and Councilmembers Masin, Blomquist, Carlson and Bakken, City Administrator Tom Hedges, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. MLK ~ 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, (fDD phone: (651) 454-8535). JULY 20, 1999 Date 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.