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05/23/1991 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota May 23, 1991 A regular meeting of the Eagan City Council was held on Tuesday, May 23, 1991, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Gustafson, McCrea, and Pawlenty. Also present were City Administrator Hedges, Community Development Director Dale Runkle, Director of Public Works Tom Colbert, and City Attorney Mike Dougherty. pop" Mayor Egan said it had been requested that Item A of Additional Items, Contract 91-03, Approve Plans/Order Advertisement for Bids (Elrene Road/Trails End Road), be discussed after action was taken on Item A of Public Hearings, Project 589R, Elrene Road and Trails End Road - Utilities & Street Reconstruction. Wachter moved, Pawlenty seconded a motion to approve the agenda for the May 23, 1991 regular City Council meeting as amended. Aye: 5 Nay. 0 Mayor Egan recommended the following corrections to the May 7, 1991 regular City Council minutes: Page 6, paragraph 5, sentence 3, remove the word "Mr." Page 6, paragraph 7, under Item 2, change the number "25" to "50." Pawlenty moved, McCrea seconded a motion to approve the minutes of the May 7, 1991 regular City Council meeting as amended. Aye: 5 Nay: 0 Fire Chief Ken Southorn said that the Eagan Fire Explorer Post has been recognized for their outstanding achievement during this their first year of existence. The Post was recognized for excellence in firefighting exploring. Then, on behalf of the City Council, Mayor Egan presented a plaque recognizing the Post's outstanding performance from the Indianhead Boy Scout Council. In addition, Explorer Nick Taylor was recognized for receiving the Fire Explorer Award from the Indianhead Council for outstanding performance during a severe storm in the City last summer. The City Council echoed their pride in the Explorers for their role in these awards. LIGHTENING STRIKE/NORTHVIEW PARK Director of Parks & Recreation Vraa said that lighting had struck a power pole near the Northview Park Shelter Building on May 22. Mr. Vraa said this lightening strike caused an electrical fire with damage to a storage room of the shelter as well as damage to other electrical equipment. He said any damages will be covered by insurance; however, because of damage to the electrical system, a decision will have to be made regarding at least a temporary rescheduling or cancelation of night softball games at Northview Park. Page 2/EAGAN CITY COUNCIL MINUTES May 23, 1991 1{€ A. Personnel Items Item 1. Seasonal Utility Maintenance-It was recommended that the hiring of Steve Wilke as a Seasonal Utility Maintenance Worker be approved. Item 2. Seasonal Engineering Aide-It was recommended that the filling of the Seasonal Engineering Aide position be approved. Item 3. Seasonal Recreational Staff-It was recommended that the hiring of the following Seasonal Recreational Staff be approved: Kristi Edlund Holly Confer LeiLani Dick Paula Eaves Terrence Flynn Britta Gilbert Shannon Haugh Lynne Hockford Melanie Mesko Kathy McNeil Aimee Muchlen Christine Schultz Shannon Stire Julie VandeWalker Kristin Weeklund Sheila Haugh Krista Murtfeldt Rebecca Peglow Jill Gruenke Robin Stubblefield Kimberly Larson Amanda White Heather Kjos Eva Literault Item 4. Seasonal Utility Maintenance Worker-It was recommended that the hiring of Mark Dornseif as a Seasonal Utility Maintenance Worker be ratified. B. Extension to Record Final Plat. Town Centre 100 - Eighth Addition It was recommended that an additional 30 day extension of the final plat for Town Centre 100 - Eighth Addition to June 19, 1991, be approved. C. ADDlication for Exemption from Lawful Gambling License - Valley View 4-H Club. 4th of July Celebration It was recommended that an application for exemption from a lawful gambling license - Valley View 4-H Club, 4th of July Celebration, be approved . D. I3censes. Plumbers It was recommended that the plumbers licenses be approved as presented. E. Declare Surplus Items for Public Auction. June 1. 1991 It was recommended that the designated items be approved for surplus property for disposition at the public auction on June 1, 1991. Page 3/EAGAN CITY COUNCIL MINUTES May 23, 1991 F. Amendments. 1991 City Code. Municipal Codifiers It was recommended that the ordinance amendments be continued to the June 4, 1991, regular City Council meeting. G. Street Name Chance. Becker Road to Oonerman Drive It was recommended that a street name change for Becker Road to Opperman Drive be approved. H. Contract 89-12. Final Payment/Acceptance. Northview Tennis Courts It was recommended that the final payment/acceptance for Contract 89-12, Northview Tennis Courts be approved. 1. Contract 90-2. Final Payment/Acceptance. Park Shelter Buildings It was recommended that the final payment/acceptance of park shelter buildings under Contract 90-2 be approved. J. Request for July 4th Celebration Appropriation It was recommended that an appropriation of $1,500 for the July 4th Celebration for the Eagan Lions Club be approved. K. Project 600. Approve MnDOT Cost Participation Agreement (TH 149 & Becker Road - Intersection & Si realization Improvements It was recommended that a resolution authorizing the Mayor and City Administrator to execute MnDOT Cooperative Construction Agreement #68262 for Project 600 (TH 149 & Becker Road - Intersection and Signalization Improvements) be approved. R-91.26 L. Proiect 600. Approve MnDOT Signal Agreement (TH 149 & Becker Road Intersection & Signalization Improvements) It was recommended that MnDOT Signal Agreement No. 68305M for Project 600 (TH 149 & Becker Road - Signalization Improvements) be approved and the Mayor and City Administrator to execute all related documents. R-91.2 7 M. Contract 90-13. Approve Change Order #1 (JP-67 Water Quality Pond - Sidewalks) It was recommended that Change Order #1 to Contract 90-13 (JP-67 Water Quality Pond - Sidewalks) be approved and the Mayor and City Clerk authorized to execute all related documents. N. Protect $78. Annrove Resolution & Ucense Agreement with Chicago & Northwestern RR (Sibley Terminal Industrial Park - Storm Sewer) It was recommended that the Resolution authorizing the City to enter into a license agreement with the Chicago Northwestern RR for Project 578 (Sibley Terminal Industrial Park - Storm Sewer) be approved and the Mayor and City Clerk authorized to execute all related documents. R-91.28, Page 4/EAGAN CITY COUNCIL MINUTES May 23, 1991 0. Project 60& Receive Report/Order Public Hearing (Eagandale Center Industrial Paris 3rd & 4th Additions - Overlay) It was recommended that the feasibility report for Project 608 (Eagandale Center Industrial Park 3rd & 4th Additions - Overlay) be received and a public hearing scheduled to be held on June 18, 1991. P. Vehicle #142. Receive Bids/Award Contract (Dumnbox. Sander & Plow Attachments It was recommended that the bids for miscellaneous equipment for Vehicle #142 be approved and the contract authorized to be awarded to the lowest responsible bidder. Q. Project 615. Authorize Feasibility Renort (Meadowview Road - Street & Utilities) It was recommended that the preparation of a feasibility report for Project 615 (Meadowview Road - Streets & Utilities) be approved. R. Settlement Agreement. Project 466. Assessment Appeal (Nelson) It was recommended that a resolution authorizing the execution of a settlement agreement for Project 466 Assessment Appeal (Nelson) be approved. R-91.29 Wachter moved, Gustafson seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 Because it was not yet 7:00 p.m., several items from the Administrative Agenda were addressed at this time. ` MMMM M" SHARED/CONSOLIDATED SERVICE ALTERNATIVES After introduction by Mayor Egan, City Administrator Hedges briefly outlined the number of services currently being shared and consolidated with other communities. He said he had been meeting with Northern Dakota County city manager pursuing other ideas that could be added to the list for possible service consolidation. He said at this point, staff was looking for input from the City Council. The Council then discussed the positive aspects of such a program. It was their consensus that after recommendations have been discussed at the next Dakota County Managers Meeting in June, that a list of potential service options be brought back to the City Council for consideration and prioritization. AUTHORIZATION/CEDARVALE SHOPPING AREA CIRCULATION AND TRAFFIC STUDY After introduction by Mayor Egan, City Administrator Hedges said a study group had been meeting to discuss options to be explored for Cedarvale. While it has limited resources, Mr. Hedges said perhaps the City could help with some of these efforts. He said one idea under consideration is a circulation and traffic study for the area. Director of Community Development Runkle said circulation or access to the facility is a high priority and needs to be addressed. Funds have been budgeted for such a study. Gustafson moved, McCrea seconded a motion to approve authorization for the firm of Short-Elliot- Hendrickson to undertake a study of circulation and traffic improvements for the Cedarvale shopping area at a cost not to exceed $3,680. Aye: 5 Nay: 0 Page 5/EAGAN CITY COUNCIL MINUTES May 23, 1991 COUNCIL INTERPRETATION/CITY CODE CHAPTER 10.01 City Administrator Hedges stated that a question had arisen regarding the interpretation of City Code Chapter 10.01 with respect to manure spreading on agricultural property adjacent to a residential development. He further stated that staff interpretation of City Code Section 10.01 defines garbage as waste which decomposes or is subject to rot and further that the subdivision makes it unlawful for any person to deposit garbage or other refuse from any source in any place other than a sanitary landfill or County designated facility. Chief of Police Geagan stated that his department received a number of calls from adjacent property owners of the lot that contained the manure complaining of a strong odor as a nuisance to his family. City Administrator Hedges asked that the City Council interpret the ordinance and provide staff direction on the matter. City Councilmember Wachter stated that fresh manure is no different than the pulverized organic material that is sold in most home and garden outlets that is spread on gardens and lawns as fertilization. After a brief discussion, the City Councilmembers agreed that City Code Section 10.01 should only be enforced if odor is an issue, otherwise, the practice of spreading natural organic substance in agricultural districts is acceptable and not to be enforced under City Code Section 10.01. There was no formal action taken on this item. CLERICAL TECHNICIAN McCrea moved, Gustafson seconded a motion to approve authorization to proceed with hiring procedures for a clerical technician position for the Police Department as appropriated in the 1991 general fund budget. Aye: 5 Nay: 0 CONDEMNATION SETTLEMENT/LARRY WENZEL Gustafson moved, Pawlenty seconded a motion to approve payment to the Wenzels in the sum of $13,500 together with interest thereon at the judgment rate from August 15, 1987 through the date of payment together with $500 as reimbursement for the Wenzel's reimbursement fee. Aye: 5 Nay: 0 At this time, members of the audience were made aware that the preliminary plat for Burrview Pond Addition would be recommended for continuance to the June 4, 1991 regular City Council meeting. However, action on that recommendation would not take place until the appropriate time on the agenda. C;lt PROJECT 589R/ELRENE ROAD & TRAILS END ROAD (UTILITIES & STREET RECONSTRUCTION) After brief introductions by Mayor Egan and City Administrator Hedges, Mark Hanson of Bonestroo, Rosene, Anderlik & Associates provided background on Project 589R. Mr. Hanson described the improvements to be made and the method for funding those improvements. He said the total cost of the project is estimated to be $1,266,540 and the preliminary assessment roll is expected to cover approximately $1,035,687. Mr. Hanson said the deficit of approximately $231,000 would be financed through the major street fund and utility fund. Mr. Steve Bryant of West Publishing then questioned the benefit to West as their property takes no access off of either road. He said West was also concerned that easements that would be granted may affect any future development of West's property. He said they would prefer to wait with these improvements until some definitive plans for their property are made. After a question from Councilmember Pawlenty, City Attorney Mike Dougherty said that access is only one component that goes into deciding assessments for Page 6/EAGAN CITY COUNCIL MINUTES May 23, 1991 improvements. He said the benefit to West's property would be determined through an appraisal. Further discussion ensued regarding the financial impact of the improvements on West Publishing and West's preference to have the project delayed for an additional three years. Staff then recommended that the project be allowed to continue and the City Attorney and Director of Public Works directed to seek an appraisal and continue discussions with West toward a solution. Mr. Bob Engstrom, of Robert Engstrom Companies, then pointed out the adverse impact a delay of this project would have on the Woodlands North project. He said they had made commitments based on these improvements and he would like to see the project move forward. Director of Public Works Colbert said that with approval of the project, bids would then be requested and the City Council would have an additional opportunity to consider the project with the presentation of the bids. He said because of the short construction season, it was important to keep the project moving. Mayor Egan asked if the project would be financially feasible without West's participation considering their portion of the estimated total assessments would constitute 50 percent. He asked if staff was convinced it would not place a hardship on the City if they were not successful with their negotiations with West. City Administrator Hedges said after meeting with West, the issue would be addressed with the Director of Finance for a response to the City Council. Gustafson moved, McCrea seconded a motion to close the public hearing and approve Project 589R, Elrene Road and Trails End Road (Streets & Utilities) as presented with the understanding that negotiations considering assessments with all properties would continue and the results of these negotiations would be brought to the City Council with the results of a request for bids. Mr. Ross Fefercorn, developer of The Woodlands, then reiterated the developer's concern for the installation of these improvements. Aye: 5 Nay. 0 PRELIMINARY PLAT/BURRVIEW POND ADDITION Mayor Egan introduced this item as a Preliminary Plat for Burrview Pond Addition/Sander & Co., Inc., Consisting of 132 Apartment Units on Approximately 13.7 Previously Zoned R-4 (Multiple Acres) Located Along the South Side of Highway 55 in the Northeast Quarter of Section 12. Gustafson moved, Wachter seconded a motion to continue to the June 4, 1991 regular City Council meeting the preliminary plat for Burrview Pond Addition. Aye: 5 Nay. 0 ADDITIONAL ITEMS APPROVE PLANS ORDER ADVERTISEMENT FOR BIDS (ELRENE & TRAILS END ROADS) Gustafson moved, Pawlenty seconded a motion to approve the plans and specifications for Contract 91- 03 (Elrene & Trails End Road - Streets & Utilities) and authorize the advertisement for a bid opening to be held at 11:30 a.m. on Friday, June 14, 1991. Aye: 5 Nay. 0 (Continued) SIGN ORDINANCE Mayor Egan introduced this item as an Ordinance Amendment for the City of Eagan, Amending Eagan City Code Chapter 4, Entitled "Construction Licensing, Permits and Regulations, Including Signs, Excavations, rI 3 Page 7/EAGAN CITY COUNCIL MINUTES May 23, 1991 and Mobile Home Parks" by Amending Section 4.20 Regarding Placement, Erection and Maintenance of Signs, and Adopting by Reference Eagan City Code Chapter 1 and Section 4.99. Before discussion began on this item, Councilmember Pawlenty said he had recently become aware that his lawfirm had at times represented Naegele Outdoor Advertising. The Councilmember said because this could possibly be viewed as a conflict of interest, he was excusing himself from discussing or voting on this issue. He said he had outlined the situation in a letter to City Administrator Hedges as soon as he became aware of the possible conflict of interest. The Councilmember then left the City Council Chambers. Director of Community Development Runkle said that when the billboard moratorium was issued, staff used the opportunity to look at the entire sign ordinance not just the ordinance as it relates to billboards. Mr. Runkle said under the proposed ordinance, signs would be regulated by type rather than by content. Mr. Mike Cronen, of Naegele Outdoor Advertising, said his company would be deeply affected by any changes in the sign ordinance. He said his company has a counterproposal for dealing with signs that would allow his company to do what they have done in the past and that is to approach the City Council on a case-by- case basis. He said that could not be done under the proposed ordinance. Discussion then turned to the economic impact of restricting outdoor advertising in the City. Because the City is attempting to promote redevelopment in various parts of the City including Cedarvale, there were questions as to what effect the new ordinance would have on signage for those areas. In answer to a question as to whether the new ordinance would eliminate existing billboards, Director of Community Development Runkle said that existing billboards would be grandfathered in under the new ordinance. While the City of Eagan has a lot of freeway frontage, there are only seven billboards. It was suggested that the economic value to businesses in Eagan of outdoor advertising could best be studied by the Economic Development Commission. Concerns were expressed that while the new ordinance goes a long way toward cleaning up sign questions in the City, perhaps it goes beyond what was envisioned. McCrea moved, Wachter seconded a motion to continue an amendment to City Code Chapter 4, Section 4.20, regarding placement, erection and maintenance of signs and that the issue be referred to the Economic Development Commission to study the economic impact of the new ordinance on Eagan businesses and that the findings of the Economic Development Commission be returned to the City Council for review and action. Mr. Jeff Evrart, of Naegele Outdoor Advertising, said that in 1985 their company did considerable business in tobacco and liquor advertising, however, they are working to reduce their company's dependence on tobacco advertising signs and have agreed not to place such advertising in the City of Eagan. Mr. Evrart said they could provide information to the City in regard to those Eagan merchants who would be adversely impacted by the lack of outdoor advertising. Aye: 4 Nay. 0 Abstain: 1 (Pawlenty) YMCA REQUEST After brief introductions by Mayor Egan and City Administrator Hedges, Mr. Chuck Dorsey, the Chairman of the Eagan Area YMCA Advisory Committee, introduced a number of people in the audience who had served on a committee to explore the location of a YMCA in the City of Eagan. He then provided background from the Eagan Area YMCA regarding a request for approximately 24 acres within the 40 acre municipal center parcel for construction of an Eagan YMCA. The proposal further indicated that YMCA facilities would be provided to the City as compensation for the provision of this property. Mr. Roger Schobeck, Page 8/EAGAN CITY COUNCIL MINUTES May 23, 1991 with the Advisory Committee, then described the proposed facility. In dosing, he said the St. Paul YMCA has offered to match funds raised by the Eagan Advisory Committee on a 4 to 1 basis. That would mean that the Eagan community would receive a $3,000,000 facility with only $600,000 in contributions. Mr. Schobeck said the first choice for the YMCA facility is the municipal center site. He said all City facility expansion plans through the year 2010 were taken into consideration. He said advantages to this site are: it was previously preferred by the City for a recreational facility, it is the geographical center of the City, it is a reasonable distance from I-35E allowing for a campus layout and, economically, it is advantageous because of some of the shared facilities, shared parking, etc. The City Council then examined some of the issues more closely. Councilmember McCrea said that the HUD property, which has been considered a potential site for the YMCA, could be studied to determine what the remainder of the property is worth and whether it is marketable. She said if the property were sold, perhaps the money could be used toward building a recreational facility. Questions were also raised as to concerns regarding the separation of church and state. It was dear after further discussion that the transfer of property to a non-profit organization and the sharing of facilities or maintenance would have to be carefully addressed before moving forward. Councilmember Pawlenty noted that the Civil Liberties Union had been watching this issue very carefully. He then asked, if the City proceeded and was sued, who would pay to defend the City? He asked if there could be an indemnity arrangement. City Attorney Mike Dougherty said the YMCA's request was in the initial stages and had not yet developed to that extent; however, all such issues would be addressed. The Councilmember also asked City Administrator Hedges about any concerns for City Hall expansion beyond the year 2010. In addition, he asked if the City survived a secular purposes test, whether enforcement of that test should be a condition of the arrangement with the YMCA. Mayor Egan had a similar question and asked what kind of operational controls would have to be in place to monitor the secular purposes requirement. City Attorney Mike Dougherty said any agreement should not have to be monitored any more than for any other type of operation. The City Council agreed that answers to these and other related questions would have to be researched before any further action could be taken. Pawlenty moved, Wachter seconded a motion to continue to the July 2, 1991 regular City Council meeting a request by the Eagan Area YMCA for a City commitment to provide sufficient property (approximately 2; acres) for the siting of the Eagan YMCA on the municipal center complex property. Aye: 5 Nay: 0 TRANSFER/MULTI-FAMILY HOUSING REVENUE BONDS ROYAL OAKS CIRCLE Mayor Egan introduced this item as a resolution authorizing the execution of certain documents in connection with the foreclosure of and transfer of title to the Royal Oaks Circle Apartment Project. Because of questions raised by the Director of Finance, Gustafson moved, Wachter seconded a motion to continue to the June 4, 1991 regular City Council meeting the resolution authorizing the execution of certain documents in connection with the foreclosure of and transfer of title to the Royal Oaks Circle Apartment Project. Aye: 5 Nay- 0 VARIANCE TO SETBACK/DAVID & LINDA SMITH PRETTYMAN HEIGHTS ADDITION Mayor Egan introduced this item as a Variance for David and Linda Smith of 10' to the Public Right-of- Way Setback of 30', Lot 1, Block 1, Prettyman Heights Addition. Director of Community Development Runkle described the application and its location. He said there were streets on three sides of the lot and a variance was necessary in order to meet the development's covenants for square footage. He said no objections had been received from the neighbors. Page 9/EAGAN CITY COUNCIL MINUTES May 23, 1991 Mr. David Smith, the applicant, said his closest neighbor was across Skyline Drive approximately 300 yards away. He said when he bought the property, the covenants erroneously said the setbacks were 20 feet. When he found the setbacks were greater than anticipated, the house had to be redesigned in an attempt to stay within them. Wachter moved, Gustafson seconded a motion to approve a variance for David and Linda Smith of 10 feet to the public right-of-way setback of 30 feet on Lot 1, Block 1, Prettyman Heights Addition subject to the following conditions: 1. The driveway access shall be from Skyline Court 2. All other applicable City code requirements shall be met. Director of Community Development Runkle said this case is unusual in that the lot has right-of-way on three sides, all of which are subject to 30 foot minimum setbacks. Aye: 3 Nay: 2 (McCrea and Pawlenty) DEVELOPMENT AMENDMENT/SIGNAGE PLAN RAHNCLIFF CROSSINGS Mayor Egan introduced this item as a Planned Development Agreement for Bradbury Group Inc. to Allow Signage Modification to the Overall Sign Plan for Rahnc iff Crossings Planned Development Located Along the South Side of Cliff Road in the Northwest Quarter of Section 32. City Administrator Hedges said this item had been considered at the last Advisory Planning Commission meeting and they had recommended approval. Director of Community Development Runkle said the original sign plan for the Rahncliff Crossings planned development was approved in 1988. Since then, the location of the Burger King sign has been at issue and a cash escrow is still being held for moving that sign. Mr. Runkle said that this shopping center has been experiencing financial difficulties and the changes being proposed are an effort to improve visibility for this center and, in turn, improve its economic situation. Mr. Runkle said it was originally proposed that the canopy and signage area be extended to the side of the Rahncliff Crossings building facing Cliff Road, however, extension of the canopy was dropped because it proved to be financially impractical. Mr. Dan Jones, of the Bradbury Group, said that the tenants in the Rahncliff center were experiencing financial difficulties and the proposed changes to the sign plan were felt to be significant for the benefit of the tenants. He said they were encouraging the tenants to stay and hoped the improved visibility would boost sales in the center. McCrea moved, Gustafson seconded a motion to approve the planned development agreement for Bradbury Group, Inc. for modification to the overall sign plan for the Rahncliff Crossings Planned Development. Aye: 5 Nay. 0 PRELIMINARY PLAT/VENTANA DEVELOPMENT CORPORATION CLIFF LAKE CENTER 3RD ADDITION Mayor Egan introduced this item as a Preliminary Plat for the Ventana Development Corporation/Cliff Lake Center 3rd Addition Which Consists of 208 Apartment Units Within the Eagan Hills West Planned Development Located Along the North Side of Cliff Lake Drive in the Southwest Quarter of Section 29. Page 10/EAGAN CITY COUNCIL MINUTES May 23, 1991 Director of Community Development Runkle described the project and its location. He said this item had been heard by the Advisory Planning Commission at their April 23, 1991 regular meeting and they had recommended approval. In regard to conditions attached to the development, Condition #3 shall be qualified to mean that underground irrigation systems shall be provided in maintained areas. Mr. Jim Stirton, of Ventana Development, then outlined their proposal for this property. He said the homes would be oriented to the ponds on the property and the adjoining park. Each of the 13 buildings will be two stories in front and three stories in back with sixteen units per building. Mr. Stirton said the project would be built in two phases, the first with 112 units and the second with 96 units. In answer to a question from the Council regarding trees on the property, Mr. Stirton said of the major trees, 117 will be saved with 35 significant trees being lost. Mr. Runkle said the revised landscape plan had been submitted and staff was in agreement with the plan. In addition, parking spaces equal to 200 percent plus 13 are being provided on-site. One indoor parking space per unit is being tied to conditions for the project in order to assure sufficient on-site parking. Mr. Ken Tyler, of 4346 Fox Ridge Court, asked that the City Council consider conditions regarding screening between the apartments and the single family homes as well as a guarantee to repair the pond that lies between Mr. Tyler's property and the apartment complex should it be damaged during construction. Mr. Stirton assured the City Council that this pond would not be touched during construction and fencing and screening are being planned between the buildings and the parkland. Additional discussion then took place regarding methods by which the concerns of the homeowners could be protected without placing the City in the role of mediator. Gustafson moved, Egan seconded a motion to approve a preliminary plat for Ventana Development Corporation for Cliff Lake Center 3rd Addition consisting of 208 apartment units located within the Eagan Hills West Planned Development and subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1991 shall be complied with: Al, B1, B2, B4, C1, C2, C4, C5, D1, El, F1, H1. 2. Trash and recycling containers shall be stored inside the building. 3. An underground irrigation system shall be provided in maintained areas. 4. All signage shall meet Sign Code regulations and be responsible for the one-time sign fee of $2.50 per square foot. 5. One indoor parking stall shall be included with the rent. 6. Additional landscaping shall be provided prior to final plat submission that emphasizes screening along Cliff Lake Drive and Rahn Road. Screening shall also be provided between the apartment buildings and adjacent properties. Irrigation shall be required. 7. The development is required to submit detailed plans and specifications of the proposed retaining wall construction for staff review prior to grading permit issuance. 8. The development will be responsible for any damage done to the City's existing trunk sanitary sewer as a result of the development's activities. 9. This development will be required to provide ponding in accordance with the City's Storm Water Management Plan and Water Quality Management Plan standards. 10. The internal sanitary sewer and water main lines that serve just one lot shall be privately maintained. 11. The proposed access relocation for the east access onto Cliff Lake Road shall include center median reconstruction and shifting of the street opening to serve the property to the south. The new access shall be a full access with left-turn lanes. 12. The developer receive 3.1 acres credit for Outlots A & B to be dedicated to the City for parks purposes. Page 11/EAGAN CITY COUNCIL MINUTES May 23, 1991 13. Based on the Eagan Hills West Planned Development Agreement, the developer shall pay a cash to land dedication for the difference between the 5.67 required and the 3.1 acre dedication. 14. The developer shall construct an 8' wide bituminous trail from Cliff Lake Drive to the south property line of the Highline Trail Corridor. 15. The developer shall provide a 15' wide trail easement for this pedestrian corridor. 16. The developer shall improve Ponds A and B and AP-22 subject to the following requirements: a. either lower the HWL of AP-22 below the Highline Trail or reconstruct the trail above the 100 year frequency elevation. Also, they are asked to revise the bottom contours to the northern cell of Pond AP-22, providing for open water and a shallow area of wildlife. b. to revise the south shoreline of the south cell of Pond AP-22 eliminating the lineal channel. 17. The development will be required to petition the City to vacate the extra ponding easement areas around Ponds AP-23 and AP-24 prior to final plat approval. 18. The development shall add a connection from the proposed water main serving Lot 2 to the existing 12" water main in the northeast corner of the lot to improve looping. 19. An emergency overland outlet from the low point on Rahn Road shall be constructed through the site to Pond AP-24. 20. The developer will be responsible for the restoration of any disturbed land outside of the construction limits identified on the erosion and sediment control plan. Aye: 5 Nay. 0 AUTHORIZE NO PARKING SIGNS ASHBURY ROAD @ BLUE CROSS ROAD After brief introductions by Mayor Egan and City Administrator Hedges, Director of Public Works Colbert said a letter had been received from neighboring property owners requesting consideration of the installation of no parking signs on Ashbury Road near the intersection of Blue Cross Road. Mr. Colbert said concerns about parking restrictions had been raised by the Parks Department because of park activities in the area, from the police regarding enforcement especially where residents can't park on their streets, and from Public Works from a traffic circulation standpoint. He said staff was recommending continuance of this item to further evaluate this request as well as the possibility of removing or rescinding some of the on-street restrictions for Blue Cross Road. He said originally Blue Cross had requested the no on-street parking to force employees to park in their parking lots. Mr. Colbert said this request could still be honored by restricting on- street parking during certain hours. Mr. Colbert said staff would like to come back to the City Council with more specifics as to where they would recommend changes in existing parking restrictions and would request authority to post additional restrictions on Ashbury Road. In this same vein, Mr. Colbert asked whether all restrictive parking requests should be brought to the City Council for formal action or whether staff should evaluate these requests and handle them administratively. He said Council could be made aware of such administrative actions and then if questions or problems arose, they could be brought to the City Council for review. It was generally agreed by the City Council that it was more an administrative function and recommended that a policy be drafted for review by the City Council. Pawlenty moved, Gustafson seconded a motion to continue consideration of parking restrictions on Ashbury Road from Blue Cross Road to the east as necessary to provide safe traffic movement. Page 12/EAGAN CITY COUNCIL MINUTES May 23, 1991 After further review and consideration, the preceding motion was withdrawn and a new motion placed in its stead. Pawlenty moved, Gustafson seconded a motion to direct staff to draft a written policy regarding administrative handling of all future requests for parking restrictions with the understanding that the City Council would be apprised of each action and would consider review if exception is taken to that action. Aye: 5 Nay. 0 WAIVER OF DEVELOPMENT FEES/PAT & JOHN TODD Mayor Egan introduced this item as a Request for the Waiver of Development Fees/Pat and John Todd, 731 Golden Meadow Road. Director of Community Development Director Runkle said the request before the City Council was somewhat similar to a request made by residents in the Hoeft Addition. Mr. Runkle said staff was proposing that the Todd's pay the application costs plus staff time but no additional fees. He said such action would make the transfer of property easier on existing residents. City Administrator Hedges said the Hoeft Addition mentioned by the Director of Community Development was a landlocked parcel addressed previously by the City Council. Mr. Hedges said the parcels in question at this meeting were not landlocked and could be developed if the residents so desired. He said a number of questions had arisen regarding this issue, such as, should there be any consideration for fees, would this action increase the value of all the properties, or should there be some consideration to the City in lieu of some of the fees recommended to be waived? City Administrator Hedges said the City Council may wish to look at a public policy for landlocked parcels versus those that have access and could be developed in the future. In answer to a question from Councilmember Pawlenty, Director of Community Development Runkle said the $1,500 escrow account should be sufficient to cover the cost of the final and preliminary plat application fees. McCrea moved, Gustafson seconded a motion to approve the request by three property owners, who are owners of Lots 8, 9 and 10, Block 2, of the Overview Estates Replat Addition, to waive normal development fees, except preliminary and final plat application fees and the $1,500 perliminary plat escrow fees, for the purpose of replatting their property in an outlot that is currently owned by the Dakota County HRA into three larger lots with no plan to subdivide or redevelop the property. Aye: 5 Nay. 0 RESOLUTION/POND ACQUISITION Gustafson moved, Wachter seconded a motion to approve a resolution settling a pond acquisition issue with Don and Betty Sandberg in the amount of $42,000. Aye: 5 Nay. 0 R-91.30 IMPACT STUDY/MSP RELOCATION Wachter moved, McCrea seconded a motion to approve funding for a study of the transportation and socio-economic impacts of the relocation of the Minneapolis St. Paul International Airport terminal. Aye: 5 Nay. 0 POMP Wachter moved, Egan seconded a motion to approve the checklist of May 21, 1991 in the amount of $1,358,859.16. Aye: 5 Nay: 0 Page 13/EAGAN CITY COUNCIL MINUTES! s May 23, 1991 The City Council adjourned the meeting at 11:12 p.m. ICF CITY OF EAGAN Z 81t E. J. Overbeke City C rk