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03/16/1999 - City Council Regular 00068 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota March 16, 1999 A regular meeting of the Eagan City Council was held on Tuesday, March 16, 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, Senior Planner Mike Ridley, Director of Public Works Tom Colbert and City Attorney Jim Sheldon. AGENDA Mayor A wada noted that the Cedarvale moratorium would be added as Item AA under Old Business. She added that a request had been received from a resident spokesperson to move Item C of Old Business to Item G. City Administrator Hedges stated that Assistant City Administrator Verbrugge would provide an update on airport issues under Department Head Business. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OF THE MARCH 2, 1999 REGULAR MEETING Mayor A wada requested that the second sentence in the fourth paragraph on page two be revised as follows, "Councilmember Blomquist stated that only the parcels that have a specific zoning change which could significantly affect the use of the property or become nonconforming should be included." Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 RECOGNITIONS & PRESENTATIONS City Administrator Hedges provided an overview on this item. On behalf of the City Council, Mayor Awada and Police Chief Geagan presented Certificates of Commendation to Chet Parejko for the assistance he provided to the victim of a car accident and to Ryan Naughton for his assistance in apprehending two suspects for motor vehicle theft. DEPARTMENT HEAD BUSINESS Assistant City Administrator Verbrugge provided an update to the City Council on airport issues regarding integration of State III aircraft, test cell monitoring in the Valley View Plateau neighborhood and information on an upcoming special meeting of the Airport Relations Commission. CONSENT AGENDA Councilmember Blomquist requested Items B and L be separated from the Consent Agenda. In regard to Item A5, Letter of retirement from Chief of Police Patrick Geagan and Item A6, Letter of retirement from Superintendent of Recreation Dorothy Peterson, Mayor Awada, City Councilmembers and City Administrator Hedges commented on the exceptional service that has been provided by these employees and expressed their appreciation for all they have done for the City of Eagan. A. Personnel Items Item 1. It was recommended to approve the hiring of Jacqueline Snortheim as a part-time Clerical Technician III in the Community Development Department. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 16, 1999 PAGE 2 00069 Item 2. It was recommended to approve the hiring of Karen Reece as a part-time temporary intern for recycling. Item 3. It was recommended to approve the hiring of Kelly Taylor as a seasonal forestry technician. Item 4. It was recommended to approve the hiring of Kim Tatera as a part-time seasonal assistant skating instructor at the civic arena. Item 5. It was recommended to accept the letter of retirement from Chief of Police Patrick Geagan. Item 6. It was recommended to accept the letter of retirement from Superintendent of Recreation Dorothy Peterson. B. Extension for recording the final subdivision of Oakbrooke - Pulte Homes. This item was pulled from the Consent Agenda. C. Amend the grading plan for Town Centre 70 Twenty Second Addition (Mini/USA Equities). It was recommended to approve a change to the Planned Development regarding the grading plan for Mini/USA Equities for property located west of Denmark Avenue and north of Duckwood Drive, in the NW % of Section 15. D. Acknowledge the zonin~ on PID #10-00200-030-32. It was recommended to acknowledge the zoning on property on the north side of Blue Gentian Road (PID #10-00200-030-32) to be 1-1 (Limited Industrial) and R-1 (Single Family). E. Proclamation, Burnsville/Eagan Community Television Volunteer Appreciation Day. It was recommended to adopt a proclamation recognizing March 26, 1999 as Burnsville/Eagan Community Television Volunteer Appreciation Day. 99-12 F. Approve extension of meter reading services contract. It was recommended to approve an extension of the meter reading services contract with RMR Services, Inc. G. Contract 98-24, receive bids/ award contract (Blue Water Road - Street & Utility Improvements). It was recommended to receive the bids for Contract 98-24 (Blue Water Road - Street and Utility Improvements), award the contract to Northdale Construction, for the Base Bid in the amount of $637,588.34, and authorize the Mayor and City Clerk to execute all related documents. H. Project 734, receive final assessment roll, order public hearing (Town Centre Drive 100 - Sidewalk). It was recommended to receive the Final Assessment Roll for Project 734 (Town Centre Drive 100- Sidewalk) and schedule a public hearing to be held on April 20, 1999. I. Authorize agreement with Duke Realty for removal of billboard sign. It was recommended to direct the Mayor and City Clerk to execute an agreement with Duke Realty for the purposes of removal of a billboard sign on Lot 1, Block 1, Silver Bell Commons Addition. J. Project 775, receive petition/ authorize feasibility report, (Advent United Methodist Church - Sanitary Sewer Extension). It was recommended to receive a petition and authorize the preparation of a feasibility report for Project 775 (Advent Methodist Church - Sanitary Sewer Extension). K. Approve Change Order #6, Cascade Bay. It was recommended to approve Change Order #6 for Cascade Bay in the amount of $9,965.00. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 16, 1999 PAGE 3 00070 L. Award work for Cascade Bay entrance gate. This item was pulled from the Consent Agenda. M. Authorize submission of application for MRAC grant. It was recommended to authorize application of a grant from the Metropolitan Regional Arts Council (MRAC) for youth development programs in the amount of $3,000. N. Commercial fertilizer applicator license renewal for Minnesota Turf Care. It was recommended to approve a commercial fertilizer applicator license for Minnesota Turf Care as presented. Councilmember Bakken moved, Councilmember Carlson seconded a motion to separate Items B and L and approve the Consent Agenda. Aye: 5 Nay: 0 Mayor Awada acknowledged the two items that were separated by motion from the consent agenda. In regard to Item B, Extension for recording the final subdivision of Oakbrooke - Pulte Homes, Councilmember Blomquist apologized to the developer for the unexpected delay in the preparation of final utility plans. Councilmember Blomquist moved, Councilmember Bakken seconded a motion to approve a 90 day extension of the recording requirement for the Oakbrooke subdivision (located north of Diffley Road and east of 1-35E in the SE % of Section 21. Aye: 5 Nay: 0 In regard to Item L, Award work for Cascade Bay entrance gate, Councilmember Blomquist commended Director of Parks and Recreation Vraa for his efforts in saving approximately $20,000 on the cost of the entrance gate and fence. She requested an update on overall project costs. Councilmember Bakken moved, Councilmember Carlson seconded a motion to authorize hiring D.G. Welding to complete the ornamental iron entrance gate for Cascade Bay. Aye: 5 Nay: 0 In regard to Item D, Acknowledge the zoning on PID #10-00200-030-32, property owner Marvel Eggum questioned the zoning of his property. City Attorney Sheldon stated that the property is zoned part industrial and part residential. Mr. Eggum disagreed stating that his property had been zoned industrial in 1982. City Attorney Sheldon described the history of the zoning of the property. Mayor Awada told Mr. Eggum that he could request a rezoning of his property and suggested that he meet with staff to review City and County records to determine the discrepancy. Councilmember Blomquist indicated that she was uncomfortable with the action taken by the Council to acknowledge the zoning of this property as part residential and part industrial and said the discrepancy should be cleared up. Mayor Awada stated that she was comfortable with the action taken by the Council since this matter has been researched thoroughly. She added that she would be willing to change the action by the Council if Mr. Eggum could produce new information supporting his claim that the property was zoned industrial. Councilmember Blomquist moved, Councilmember Carlson seconded a motion to direct staff to meet with Marvel Eggum to review the zoning description for his property on Blue Gentian Road. Aye: 5 Nay: 0 00071 EAGAN CITY COUNCIL MEETING MINUTES; MARCH 16, 1999 PAGE 4 PUBLIC HEARINGS PROJECT 740, SILVER BELL RD. (HWY. 13 TO KENNEBEC - RECONSTRUCTION) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert asked if any property owners were present to speak on this matter. No one was in attendance for this item. City Engineer Matthys gave a staff report. Councilmember Blomquist moved, Councilmember Masin seconded a motion to deny Project 740 (Silver Bell Road - Street Reconstruction). Mayor A wada opened the public hearing to anyone wishing to speak. There being no one, she closed the public hearing and turned the discussion back to the Council. Councilmember Blomquist said that she was concerned about the assessments to the property owners and mentioned that this area may be placed under a moratorium. She suggested the project be delayed until a plan has been determined for the area. Mayor A wada indicated that she had the same concerns, but added that the alignment of Silver Bell Road will remain the same regardless of the ultimate plan for the area. Director of Public Works Colbert noted that according to state standards there is no other location for this intersection to occur along TH 13. He added that, regardless of the results of the Cedarvale Area Study, this intersection will be the major entrance to the commercial development north of TH 13. Councilmember Blomquist asked if the turning lanes could be affected by any future redevelopment of the area. Director of Public Works Colbert stated that there is a possibility that the entrance may need to be widened toward TH 13 which could easily be accommodated at a later date. He further stated that the best bid results could be obtained if the work is completed in conjunction with the TH 13 reconstruction project. A vote was taken on the motion. Aye: 1 Nay: 4 (Mayor Awada and Councilmembers Masin, Bakken and Carlson opposed). The motion failed for lack of a majority. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve Project 740 (Silver Bell Road - Street Reconstruction) and authorize the preparation of detailed final plans and specifications. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) OLD BUSINESS CEDARV ALE AREA MORATORIUM City Administrator Hedges provided an overview on this item. He noted that six questions were posed during the Special City Council meeting including, the length of the moratorium, flexibility for existing property owners to remodel their homes, ability to sell property, the possibility of excluding the Wuthering Heights neighborhood, consideration for including the entire interchange area, and the ability to construct additions to commercial buildings. He noted that the City Council could direct the City Attorney to prepare language for consideration of an interim ordinance (moratorium) or they could direct staff to address the questions that were raised during the Special City Council meeting. Councilmember Masin questioned if there would be any reason to include the residences north of TH 13 in the moratorium if they were exempted from the restrictionS pertaining to building additions and remodeling. Mayor Awada asked if the City Council could restrict the subdivision of property and still allow remodeling or repair to occur. City Attorney Sheldon stated that the moratorium could be designed to exclude certain types of property. Mayor Awada asked if a residential area could be singled out. City EAGAN CITY COUNCIL MEETING MINUTES; MARCH 16, 1999 PAGES 00072 Attorney Sheldon said that the Council cannot be arbitrary and the parameters of the moratorium need to be uniform across the moratorium area. Councilmember Bakken suggested leaving the residences in the study area but excluding them from restrictions pertaining to remodeling. He added that he would like to ensure that the residences receive public notices of upcoming meetings. Councilmember Carlson said she would like the City Council to consider this the Southwest Eagan Area Study versus the Cedarvale Area Study. She suggested changing the parameters of the study area to extend to the west side of Cedar Avenue bordering Burnsville. Mayor Awada questioned if the task force should determine the parameters. Councilmember Carlson said the defined area should be forwarded to the task force for their review. Councilmember Blomquist concurred adding that the boundaries can be expanded or reduced and said the first priority of the task force should be to determine if the boundaries should be changed. Councilmember Masin supported changing the name of the study area; however, she stated that the area west of the originally proposed study area was not noticed in regard to this matter. She suggested directing the task force to define the parameters. Councilmember Bakken suggested changing the study name to the TH 13/Cedar Study Area. Mayor A wada referenced the six month timeframe for completion of the study and suggested that language be brought back to the April 20 meeting allowing homeowners to remodel, expand, etc. but prohibiting platting or subdivision of property. A member of the public asked if the Council would be providing the same latitude to the commercial and residential properties south of TH 13. Councilmember Bakken questioned if it would be more appropriate to include specific language that would limit activities such as Comprehensive Guide Plan changes, rezoning, subdivisions, building permits, variances and conditional use permits on undeveloped property rather than excluding the residential area from the entire moratorium area. City Attorney Sheldon indicated that would be appropriate. Councilmember Masin stated that caution needs to be taken in referring to undeveloped property only. She questioned the ability of a business in Cedarvale to make a major change to an existing building. Mayor Awada said she did not support development south of TH 13. City Attorney Sheldon stated that the moratorium would not restrict changes to existing buildings, but rather restrict changes to the use of the land. Mayor Awada asked if restrictions could be placed on improvements with a valuation over a specified amount. Councilmember Masin said she hoped that the people in the Cedarvale area were supportive of what the Council is proposing. Councilmember Carlson stated that the direction being suggested is to request language be prepared to present as an option to the public for their input. Councilmember Blomquist stated that the Council still needs to define the plan area. Councilmember Masin said that she would like to forward the Council's concerns to the task force to discuss at their first few meetings in order to reach a resolution. Mayor Awada suggested that direction could also be given to the task force to provide a recommendation for the plan area to be considered by the Council on April 20. Councilmember Carlson moved, Mayor A wada seconded a motion to direct the City Attorney to prepare language and options for a moratorium for the Highway 13/Cedar Avenue Study Area and to direct the task force to consider the proposed language at their first two meetings and forward a recommendation to the City Council. Councilmember Masin said the motion was too broad and requested it be separated. 00073 EAGAN CITY COUNCIL MEETING MINUTES; MARCH 16, 1999 PAGE 6 Councilmember Carlson moved, Councilmember Bakken seconded a motion to direct the City Attorney to prepare language and options for a moratorium for the Highway 13/Cedar Study Area. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) Councilmember Carlson moved, Councilmember Bakken seconded a motion to direct the Cedarvale Area Task Force to define parameters regarding a proposed moratorium. Further discussion occurred regarding the direction to the task force. Councilmember Carlson withdrew the previous motion. Councilmember Masin moved, Councilmember Blomquist seconded a motion to direct the Cedarvale Area Task Force to determine the necessity of a moratorium. Mayor Awada stated that the Council is in the middle of a six month process which should not be delayed. Councilmember Carlson said that direction should be provided to the task force to consider proposed language regardless of whether or not a moratorium is necessary. Councilmember Blomquist agreed stating that more input and assistance is needed from the task force. Councilmember Masin withdrew her motion. Councilmember Bakken moved, Councilmember Blomquist seconded a motion to direct the Cedarvale Area Task Force to define parameters regarding a proposed moratorium in the TH 13/Cedarvale area. Aye: 5 Nay: 0 RESIDENT APPOINTMENTS TO TH 13/CEDAR AVENUE AREA TASK FORCE. City Administrator Hedges provided an overview on this item. He stated that it was Councilmember Masin's understanding that according to the February 16 City Council minutes Margaret Schreiner and Tom Butler were to be appointed to the task force. Councilmember Blomquist said that it was her understanding that these individuals could be included within the five positions within the three established categories and further said there should be no reason to expand the number of representatives for each category. Councilmember Masin stated that Tom Butler could be the fourth choice from the Cedarvale Special Service District. City Administrator Hedges mentioned seeking the fifth business representative from the businesses on the north side TH 13. City Councilmembers concurred with his suggestion. He also suggested submitting Tom Butler's name to the Cedarvale Special Service District for consideration and including Margaret Schreiner's name with the list of interested residents. Mayor Awada noted that Councilmember Carlson had suggested a slight change to the composition of the representation of the advisory commissions. Mayor Awada moved, Councilmember Blomquist seconded a motion to change the composition of the Cedarvale Task Force as follows: one member and one alternate from each of the following commissions: APC, ARC, APrC; the EDC to be represented by two members and one alternate, and the remainder of the task force to be comprised of five citizens and five Cedarvale business representatives. Aye: 5 Nay: 0 Councilmember Carlson commented on the importance of the alternate position and also the need for balance on the task force. She thanked advisory commission members for indicating their willingness to serve on the task force. Discussion occurred regarding who should determine the commission member who will serve on the task force and who will be the alternate. City Administrator Hedges stated that he would contact the chairs of each commission regarding this determination. Senior Planner Ridley suggested that both the EAGAN CITY COUNCIL MEETING MINUTES; MARCH 16, 1999 PAGE 7 00074 designated member and the alternate member attend the first meeting of the task force. Councilmember Carlson said she would like to see the Chair and Vice Chair positions filled by a resident or business representative. Councilmember Carlson moved, Councilmember Bakken seconded a motion directing that the Chair and Vice Chair of the Cedarvale Task Force be chosen from the business and resident representatives. Aye: 5 Nay: 0 By ballot, the following residents were appointed to the Cedarvale Area Task Force: Stephen Wallick, Betty Bassett, Tom Ellingson, Mark Hansen and Margaret Schreiner. City Administrator Hedges noted that staff will call each resident who was appointed to invite them to the Task Force meeting on March 23 and added that written notification will follow. 1999-2003 CAPITAL IMPROVEMENT PROGRAM City Administrator Hedges provided an overview on this item. Councilmember Bakken moved, Councilmember Blomquist seconded a motion to approve the 1999-2003 Capital Improvement Program. Aye: 5 Nay: 0 PROJECT 726, AUTHORIZE STORM SEWER IMPROVEMENT (GREENSBORO ADDITION) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Councilmember Bakken moved, Councilmember Masin seconded a motion to open the item for public discussion. Julie Casey, 3738 GreensboroDrive, stated that the private improvements undertaken by herself and Mr. Wendel have alleviated the drainage problems for the other properties in the neighborhood but have not helped remedy their drainage problems. She added that they have both exhausted their financial resources and requested the City finance the cost of the proposed improvements. She noted that the neighbors are unwilling to assist them. Brad Wendel, 3734 Greensboro Drive, stated that they are in need of assistance. Discussion occurred regarding the history of the drainage problems. Ms. Casey stated that their houses were constructed before the street was installed. She added that the homes were built below street level. Councilmember Carlson indicated she was in support of the City correcting the drainage problems. Councilmember Bakken moved, Councilmember Masin seconded a motion to approve Project 726 (Greensboro Addition - Storm Sewer Improvements) and authorize the public funding of the improvements. Joseph Eckstein, 3740 Greensboro Drive, stated that he was opposed to the project and questioned if the improvements would solve the drainage problems. He expressed concern about potential damage to structures and mature trees on his property. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 16, 1999 PAGES 00075 Mayor Awada mentioned that the City has an easement on Mr. Eckstein's property to perform this improvement. She asked Mr. Eckstein if he would be willing to grant the City another easement in order to construct the improvements outside of a portion of the existing easement. Mr. Eckstein stated that the granting of an easement would need to be subject to execution of the appropriate agreement. Councilmember Bakken said this was an unusual situation and further said he did not feel the request for public funding was out of line. Councilmember Carlson asked if the improvements would correct the situation. Director of Public Works Colbert stated that staff believes the improvements will correct the problems. He explained that the reason a four inch line had been installed previously was because the neighbors would only support that size to limit disturbance to their yards. He added that staff would work with Mr. Eckstein in regard to the construction of the improvements across his property. A vote was taken on the motion. Aye: 5 Nay: 0 PROJECT 663, ASSESSMENT AGREEMENT, V ALLEY VIEW PLATEAU (NADER NOORYSHOKRY) City Administrator Hedges provided an overview on this item. Mayor Awada asked why this item was before the City Council absent an agreement with Mr. Nooryshokry. Director of Public Works Colbert stated that the property owner had requested further discussion with the Council. Councilmember Carlson questioned if the Council would be setting a precedence by allowing Mr. Nooryshokry to debate his assessments prior to the final assessment hearing. Mayor Awada stated that there should be an agreement for the Council to vote on. Councilmember Carlson noted that the assessment hearing scheduled for July is the forum for discussion about final assessments. Councilmember Blomquist moved, Councilmember Masin seconded a motion to open the item for discussion. Councilmember Masin said that she believed a hardship existed. A vote was taken on the motion. Aye: 2 Nay: 3 (Mayor Awada and Councilmembers Bakken and Carlson opposed). The motion failed for lack of a majority. BLUE GENTIAN ROAD, CONSIDER PETITION FOR CUL-DE-SAC City Administrator Hedges provided an overview on this item. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the installation of a cul-de-sac on the east end of the gravel portion of Blue Gentian Rd. and change the name to Blue Gentian Circle. Marvel Eggum, owner of parcel #10-00200-030-32, stated that he was opposed to the cul-de-sac. He noted that the length of the cul-de-sac is longer than City standards allow and would require a variance. Gerry WeinhandI, 1015 Blue Gentian Road, expressed concern with traffic and said he supported the cul-de-sac option. Julie Chapple, 988 Blue Gentian Road, stated that she was not opposed to the cul-de-sac but said she would prefer it be constructed on the west end. She commented on the problems they have experienced during the winter trying to drive up the hill. She requested the cul-de-sac be constructed as far east as possible if the Council approves the request. Ray Nutzmann, 1027 Blue Gentian Road, supported the cul-de-sac on the east end but suggested that the changes and cost be kept to a minimum. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 16, 1999 PAGE 9 00076 Pat Pavlik, 990 Blue Gentian Road, supported the cul-de-sac on the east end. Councilmember Bakken said he was glad to see the neighbors had reached a workable solution. Councilmember Masin expressed concern with the length of the cul-de-sac and said she was not convinced this was the best alternative; however, she noted that the City Council had agreed that if the neighborhood reached a consensus they would support their decision. Mayor Awada asked if it would be possible to construct the cul-de-sac with minimal expense. Director of Public Works Colbert discussed the proposed improvements and added that the work would be completed as cost effectively and efficiently as possible. A vote was taken on the motion. Aye: 5 Nay: 0 TRAFFIC SIGNAL, REVIEW SIGNAL JUSTIFICATION REPORT (WESCOTT & LEXINGTON AVENUE) This item was moved to New Business without objection by the Council. NEW BUSINESS ORDINANCE AMENDMENT TO CHAPTER 4 (CONSTRUCTION LICENSING, PERMITS AND REGULATION) BY MODIFYING LANGUAGE REGARDING PLUMBING PERMIT PLAN REVIEWS City Administrator Hedges provided an overview on this item. Councilmember Bakken moved, Councilmember Carlson seconded a motion to amend Ordinance to Chapter 4 entitled, "Construction Licensing, Permits & Regulation" by modifying language adding Section 4.05 regarding plumbing permit plan reviews. Councilmember Masin questioned who would be affected by this change. Chief Building Official Reid explained that the Minnesota Department of Health had indicated that it would be more appropriate for the State of Minnesota to provide plan review services for certain state licensed buildings and structures, buildings owned by the federal and state government and projects of a special nature requiring the Minnesota Commissioner of Health's review. Plumbing Construction Inspector Bill Adams commented that state licensing of certain buildings creates some confusion regarding the City Inspection Department's role and the state's responsibility for plan review. Chief Building Official Reid added that the purpose for previously amending the ordinance was to improve customer service. A vote was taken on the motion. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISON AND PRELIMINARY PLANNED DEVELOPMENT (CHERRYWOOD KNOLL) - HERITAGE DEVELOPMENT City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 16, 1999 PAGE 10 00077 Mayor Awada opened the item for public discussion. Vern Schaaf, 520 Chapel Lane, stated that he owns Lots 19 and 20 to the west of this project and is concerned that this development will consist of extremely small lots backing up to much larger lots. He added that there should be a transition between the two developments and suggested one lot be maintained for screening purposes. He commented on the stark differences between the two neighborhoods. Chuck Thorkildson, 510 Rolling Hills Circle, stated that he was concerned with emergency vehicle access. He further stated that the lots are too small for the size of houses being proposed. Keith Engelmann, 3213 Rolling Hills Drive, expressed his concern with the small lot size and also expressed concern with decreased property values. He stated that a buffer should be installed between existing development and the proposed development. Thomas Yon Bische, representing Heritage Development, stated that the proposal attempts to blend environmentally sensitive and lifestyle housing for the "empty nester" and further commented on the quality of the development. He noted that there is a similar project off Slater and Cliff Road. He added that this development is consistent with the Guide Plan designation and further added that the streets meet City standards. He commented on the open space and parkland and discussed the landscape plan adding that they are trying to preserve the existing trees. He said there will be no negative impact on the market value of the adjacent properties. Councilmember Masin stated that she did not have a problem with the smaller lots. She said that the neighbors' concerns about the proposed housing style being constructed next to the existing neighborhood need to be addressed. Mr. Yon Bische stated that they would be willing to place covenants on the development to insure architectural control. Councilmember Blomquist said she was concerned about the small lots and the zero lot lines. She added that this development is located within an airport noise zone. She further added that the high density proposed may result in more noise complaints by residents. She stated that she would prefer the density be reduced. Councilmember Carlson moved, Mayor Awada seconded a motion to deny a Preliminary Planned Development for 36 lots on 12.1 acres for small-lot single family residential development with zero lot line construction and to direct the City Attorney to prepare Findings for Denial. CounciImember Carlson stated that the reasons for denial include incompatible lot sizes with the existing neighborhood, traffic concerns and emergency vehicle access. Mayor Awada stated that she supports this type of development but not at this location. She encouraged the developer to search for a more appropriate site in Eagan for this type of development. CounciImember Blomquist concurred with Mayor Awada and expressed concern with tree loss. Senior Planner Ridley noted that the original proposal from Heritage Development was a standard R-1 subdivision and, due to the devastation of the site, staff had suggested a more creative design. CounciImember Masin questioned why more trees would be lost with a standard R-1 subdivision. Senior Planner Ridley explained that a standard subdivision would require more streets, utilities and grading resulting in more negative impacts to the site. CounciImember Carlson said that there is an expectation that D-1 will result in R-1 development. A vote was taken on the motion. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; MARCH 16,1999 PAGE 11 00078 CounciImember Masin requested that the Advisory Planning Commission be informed as to the reasons the Council denied this proposal. TRAFFIC SIGNAL, REVIEW SIGNAL JUSTIFICATION REPORT (WESCOTT & LEXINGTON AVENUE) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert introduced the newly appointed County Engineer Don Theisen to the Council and then gave a staff report. CounciImember Carlson moved, Councilmember Bakken seconded a motion to receive the Signal Justification Report and authorize the preparation of a feasibility report for Project 766 (Wescott Rd. - Signalization) . Meg Tilley, 1055 Wescott Road, indicated that she was representing the Lexington/Wescott neighborhood. She provided informational handouts containing crash statistics at signalized and non- signalized intersections. She said consideration should be given to the effect a signal would have on mobility and the natural environment, preservation of community values, safety, speed and impacts to property values. Julie Stackhouse, 3740 Falcon Way, commented on the dangerous conditions at this intersection. She said there needs to be more visible notification regarding this proposed signal in an effort to attract the general public who use the intersection and to solicit their input. Mayor Awada stated that the City Council had discussed the installation of notification signs at this intersection. Darryl Nyblom, 1093 Wescott Road, questioned the wisdom of widening Wescott Road. He said that if property is to be taken in order to widen Wescott, five lanes should be constructed to ensure safety. Mark Martinson,608 Diffley Road, expressed concern for safe pedestrian crossing. He said that there should be more police patrol along Lexington. Sarah Wagner, 692 Oxford Road, concurred with Mr. Martinson. Councilmember Masin stated that this is an intimidating intersection. She expressed concern regarding the information Ms. Tilley had presented indicating that a larger number of crashes appear to occur at signalized intersections. Councilmember Blomquist said she wanted to ensure safe pedestrian crossing at this intersection. CounciImember Bakken added that he is wary of the assertion that installation of a traffic signal would make an intersection more unsafe. He further added that it would be helpful to have statistics regarding the number of crashes per trips through the intersection. A vote was taken on the motion. Aye: 5 Nay: 0 Director of Public Works Colbert noted that the feasibility report would be prepared to address a five-lane and a three-lane design at this intersection. CounciImember Blomquist added that pedestrian movement should also be addressed. REZONING & PRELIMINARY SUBDIVISION - MANLEY BORTHERS (OAK BLUFF) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. . A representative of Manley Brothers Construction briefly discussed the project and expressed a preference for aligning the cul-de-sac with Dodd Road. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 16, 1999 PAGE 12 00079 The project engineer stated that, with regard to Condition No.6 in the staff report pertaining to the construction of storm sewer 250 feet north of plat, they have met that requirement by constructing two ponds. Director of Public Works Colbert stated that the ponds only temporarily detain the excess runoff and release it at a controlled rate; however, the overall volume and duration of runoff will increase from the new development. He stated that the rural ditch section is not designed to accommodate this increase in runoff. He said the City usually requires new development to connect their storm drainage system to the nearest downstream City system. The project engineer added that the developer would be willing to further examine this matter and requested the latitude to evaluate the situation to determine if the proposed detention is problematic. Director of Public Works Colbert said that there is one remaining piece of undeveloped land between this development and the downstream City system. Sarah Wagner, 692 Oxford Road, expressed her concern with the speed along Dodd Road, the location of the cul-de-sac and the lack of a trail. Jason Rude, with Manley Brothers Construction, mentioned that there is a drastic ravine that cuts into the property and stated that the private drive resulted from discussions with staff. Mark Martinson, 608 Diffley Road, stated that he did not have any problems with the development, but is concerned with safety along Dodd Road. He said he would like the developer to install a sidewalk or trail. He added that a cul-de-sac off Dodd Road is dangerous and suggested it be relocated. He commented on saving as many of the oak trees as possible. He stated that storm sewer is available on Diffley Road and questioned if the developer could connect to this line. Director of Public Works Colbert explained that would not be feasible due to the elevation and capacity of that storm sewer line. CounciImember Carlson moved, CounciImember Bakken seconded a motion to approve a Rezoning of approximately 16.4 acres from A (Agricultural) to R-1 (Single Family) located east of Dodd Road and north of Diffley Road, in the south 1/2 of Section 24. Aye: 5 Nay: 0 CounciImember Carlson moved, CounciImember Bakken seconded a motion to approve a Preliminary Subdivision entitled the "Oak Bluffs" located east of Dodd Road and north of Diffley Road, in the south 1/2 of Section 24, 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: B1, B2, B3, B4, C1, C2, C3, D1, and E1 2. The property shall be platted. 3. City officials shall find the proposed Jacob Court cul-de-sac location to be acceptable. 4. The developer shall prepare a private ingress-egress easement 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 final grading shall be revised to reflect graded slopes of 3:1 or gentler throughout the development. 6. The developer shall construct storm sewer from the development to this existing storm sewer system within Dodd Road approximately 250 feet to the north. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 16, 1999 PAGE 13 00080 7. The developer shall construct the proposed storm water ponds on the site so as to control the rate of post-development runoff to be less than or equal to pre-development rates. 8. Catch basins shall be added over the storm sewer culvert at Jacob Court to capture storm water runoff before it reaches Dodd Road. 9. Water main connection between the two water pressure zones, as identified in the City Water Supply & Distribution Plan, shall not be allowed. 10. The private street shall be a minimum of 24 feet wide (face-to-face of curb) as required by City Code. 11. A revised plan shall be submitted that shifts the lot line locations of Lots 19, 20, 21, and 22 twenty feet to the east to increase the survival chances of several specimen oak trees. 12. 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. 13. Individual Lot Tree Preservation Plans shall be required at the time of building permit application for Lots 19, 20, 21, and 22. 14. On-site ponding shall be constructed in the northwest corner of the site to provide on-site treatment for runoff from this parcel. The ponding excavation should incorporate a 10- foot wide aquatic bench extending from NWL to 1 foot below NWL and side slopes below the aquatic bench should be 4:1 to a maximum depth of 4 feet. The ponding shall have a minimum wet volume of 0.5 acre-feet. 15. A cash dedication in lieu of on-site ponding shall be required for the graded areas in the development that are not treated by the proposed ponding. 16. This proposal shall be subject to a cash parks dedication and cash trails dedication. CounciImember Carlson stated that it would not be advantageous to construct a trail at this time since a trail system will be implemented at the time Dodd Road is upgraded. She added that the developer should not be responsible for the trail installation since other developers have not been required to do the same. She said that there will only be a few cars entering Dodd Road from the cul-de- sac. She wondered if it would be possible for the City to connect to the existing storm sewer system adjacent to the undeveloped parcel to the north and to defer any connection charges to the undeveloped property until the time of subdivision. Mayor Awada stated that she preferred that the proposed location of the cul-de-sac be relocated but said she would support the location off Dodd Road. She further stated that she supported staff's recommendation regarding the storm sewer connection. CounciImember Carlson said that the she preferred the cul-de-sac be constructed as proposed because it would be more presentable to have the houses face Dodd Road and minimize the potential for a row of backyard fences along Dodd. A vote was taken on the motion. Aye: 5 Nay: 0 The meeting recessed at 10:10 p.m. and reconvened at 10:15 p.m. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 16, 1999 PAGE 14 00081. PRELIMINARY SUBDIVISION - TRI-LAND COMPANY (FOREST VIEW) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. The applicant was available for questions. CounciImember Bakken moved, Mayor A wada seconded a motion to approve a Preliminary Subdivision to create 10 lots on 4.57 acres located on the south side of Blackhawk Road just east of Hwy. 13 in the northeast 1/4 of Section 17, 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: AI, B1, B2, B4, C1, C2, C3, C4, D1, E1 and HI 2. The property shall be platted. 3. The existing house on Lot 5 must meet the R-1 setback requirements from the new lot lines. The setback dimensions shall be provided on the final site plan and compliance with the setback requirement verified prior to final subdivision approval. 4. A cash dedication in lieu of on-site ponding shall be required for the development. The cash dedication is based on the area and impervious characteristics of developed lots. 5. The final development grading plan shall be revised to reflect potential grading of the custom-graded lots. 6. The developer shall be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control standards. 7. The developer shall investigate the possibility of burying the overhead power lines along Blackhawk Road with the appropriate utility companies. 8. The developer shall dedicate sufficient drainage and utility easement over the proposed sanitary and storm sewer lines located on Lots 7 & 8. 9. Individual Lot Tree Preservation Plans shall be required at the time of building permit application for Lots 4, 6, 7, 8, and 9. 10. Revisions to the existing pavement striping on Blackhawk Road necessary to accommodate the Silver Fox Court intersection shall be the responsibility of the developer. 11. This proposal shall be subject to a cash parks dedication and cash trails dedication. Aye: 5: Nay: 0 PRELIMINARY SUBDIVISION - NADER NOORYSHOKRY (NADER ADDITION) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 16, 1999 PAGE 15 00082 The applicant was available for questions. CounciImember Bakken moved, Councilmember Masin seconded a motion to approve a Preliminary Subdivision to create 3 lots on 1.56 acres on property located at the corner of Highview Avenue and Bridgeview Terrace in the southwest 1/4 of Section 4, legally described as Lot 1, Block 1, Joseph A. Spande Addition except the east 90 feet thereof, 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: B1, E1, F1, HI 2. The property shall be platted. 3. Architectural designs and construction methods for new construction within the development should incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a noise level of 65 DNL. 4. A cash water quality dedication in lieu of on-site ponding is required. 5. The developer or builder shall work with City staff to minimize disturbance of and restore disturbed areas that are within 30 feet of the delineated wetland. 6. The driveway for Lot 3 shall be in the location shown on the Preliminary Grading Plan. 7. Existing drainage and utility easements on this site over public utilities and drainage- ways shall be maintained by this development. 8. Individual Lot Tree Preservation Plans will be required at the time of building permit application for Lots 1 and 3. Bob Schmitt, 2841 Bridgeview Terrace, expressed concern with the number of lots, the proximity of the house on Lot 1 to his property, the loss of his view, potential flooding and degradation of the integrity of the area. Councilmember Masin asked about the proximity of the houses on Lots 1 and 2. Senior Planner Ridley stated that the building pads meet the ten foot side yard setback requirement. Mayor Awada said that she understood Mr. Schmitt's concerns but added that there are zoning laws that regulate what a property owner can do with their property and further added that the Council cannot demand stricter standards. Councilmember Carlson stated that each lot exceeds 18,000 square feet in area. A vote was taken on the motiori. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING & PRELIMINARY SUBDIVISION - SPRINGBROOK CORPORATION (SOUTHERN LAKES WEST) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. CounciImember Bakken moved, Councilmember Carlson seconded a motion to approve submittal of the Comprehensive Guide Plan Amendment to the Met Council for review. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 16, 1999 PAGE 16 00083 Howard Kyllo, representing Springbrook Corporation, was available for questions. CounciImember Carlson suggested the developer install a fence along TH 3. Mr. Kyllo noted that a natural, wooded buffer already exists and said the installation of a fence would be unattractive. He said that they would prefer to encourage homeowners to install additional plantings as an alternative to a fence. A vote was taken on the motion. Aye: 5 Nay: 0 Councilmember Bakken moved, Mayor Awada seconded a motion to schedule the Comprehensive Guide Plan Amendment, Rezoning and Preliminary Subdivision on the Consent Agenda following Met Council approval. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA RESOLUTION SUPPORTING REPEAL OF THE STATE SALES TAX FOR LOCAL GOVERNMENT PURCHASES 99-13 City Administrator Hedges provided an overview on this item. CounciImember Bakken moved, Councilmember Masin seconded a motion to approve a resolution supporting repeal of the State sales tax for local government purchases. Aye: 5 Nay: 0 SPECIAL CITY COUNCIL MEETING - APRIL 6, 1999 Discussion occurred regarding the appropriate time for scheduling Special City Council meetings. A conflict was noted with regard to History Committee meeting times. Councilmember Blomquist moved, CounciImember Bakken seconded a motion to schedule a Special City Council meeting for April 6, 1999 at 4:30 p.m. Aye: 5 Nay: 0 SECOND ASSIGNMENT AND CONSENT AGREEMENT/SUBORDINATION AGREEMENT EAGAN BUSINESS COMMONS, LLC City Administrator Hedges provided an overview on this item. Mayor Awada moved, CounciImember Masin seconded a motion to approve the Second Assignment and Consent Agreement and the Subordination Agreement related to Lot 3, Block 1, Eagan Business Commons. Aye: 5 Nay: 0 MET COUNCIL APPOINTMENTS City Administrator Hedges provided an overview on this item. Councilmember Blomquist stated that she would prefer the City not be involved in the selection process at this point. Mayor A wada and CounciImember Bakken concurred. ROUND TABLE City Administrator Hedges mentioned that note cards have been prepared and distributed to the Council for their use. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 16, 1999 PAGE 17 0008'} Mayor Awada commented on information she received on Y2k and the Census. She provided an update on her brother's standing in the Iditarod. She mentioned that she will be leaving for Bulgaria on Friday and has asked Councilmember Masin, as Acting Mayor, to attend the Burnsville/Eagan Community Volunteer Appreciation event and the Fire Administration ribbon cutting. CounciImember Masin commented on the Eagan Go Bragh parade and expressed appreciation and thanks to everyone who helped with the event. Councilmember Bakken commented on the National League of Cities Conference that he recently attended in Washington, DC. Councilmember Blomquist stated that she is planning to attend the Census event on March 30. Councilmember Masin said that students and teachers will be used as resources with regard to the Census in an effort to obtain accurate information. ADJOURNMENT The meeting adjourned at 11:00 p.m. March 16, 1999 Date WM~ \~ 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, (rOD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance.