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08/01/1995 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota August 1, 1995 A regular meeting of the Eagan City Council was held on Tuesday, August 1, 1995 at 6:30 p.m. at Black Hawk Middle School. Present were Mayor Egan and Counclimembers Wachter, Awada, Masln and Hunter. Also present were City Administrator Tom Hedges, Community Development Director Peggy Reichert, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. Wachter moved, Awada seconded a motion to adopt the agenda as presented. Aye: 5 Nay: 0 Councilmember Hunter requested that on page 1, it should be noted In the minutes that the Lions Club made a $5,000 contribution towards the fireworks. Awada moved, Wachter seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 17 . O Hunter moved, Awada seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 UT ES a` Y 18 ' 1995 REGULAR MAW.` i iii::•::Li: iiii:•ii: ~i}} •ii:i :w................. Councilmember Hunter requested that on page 3, regarding the vacation of T.H. 13 service drive, that the words in the future' be added to the motion. Director of Public Works Colbert noted a correction on page 8, changing the word 'detail' to 'detain', and noted that the top two lines on page 9 are a repeat of the last two lines on page S. Hunter moved, Wachter seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 or? Councilmember Masin expressed a concern about the private well testing, noting that all of the times given are weekday mornings or afternoons. She asked whether the city could offer some weekend or evening hours and Director of Public Works Colbert Indicated they can. Councilmember Wachter Indicated he would like Information about the fee schedule and table for the rental of Ice time at the Civic Arena. }1St'`. A. Personnel Items Item 1. It was recommended to approve the appointment of Brian Rundquist as a Patrol Officer. Item 2. It was recommended to approve the appointment of Linda Myhre as a Sergeant In the Police Department Item 3. It was recommended to approve the hiring of Mark Vaughn as the Assistant Civic Arena Manager. Item 4. It was recommended to approve the hiring of Mary Chamberlain as a part-time temporary Recycling Intern. Item 5. It was recommended to approve the hiring of a person to be named as a Park Maintenance Worker, contingent upon successful completion of the physical examination requirement. Item 6. It was recommended to approve the hiring of Kimberley Ann Moore, Catinea Washington, Rich Griffin and Daniel Delgado as seasonal basketball coaches/referees. EAGAN CITY COUNCIL MINUTES; AUGUST 1, 1995 PAGE 2 B. Plumbers Licenses. It was recommended to approve the plumbers' licenses for Best Plumbing Inc., Master Plumbing, RDC Plumbing Inc., Richie's Plumbing Inc. and Southwest Plumbing. C. Change Orders. Police Department/Municipal Center Expansion. It was recommended to approve change orders for the Police Department In the amount of $740.45 and for the Municipal Center expansion in the amount of $13,063 as presented. D. Final Subdivision. Mallard Park 4th Addition. It was recommended to approve the final subdivision as presented. R-95.49 E. Contract 95-04. Deerwood Townhomes. It was recommended to receive the bids for Contract 95-04 and continue contract award consideration Indefinitely. F. Contract 95-06. 1995 Sealcoat Program. It was recommended to receive the bids for Contract 95-05, award the contract to Allied Blacktop in the amount of $263,666.53, and authorize the Mayor and City Clerk to execute all related documents. G. Final Subdivision. Rahncliff 4th Addition (Holiday Inn Express). It was recommended to approve the final subdivision as presented. R-95.50 H. Vacation of Drainage and Utility Easements. Rahncliff 2nd and 3rd Additions. It was recommended to vacate the existing drainage and utility easements as described within the Rahncliff 2nd and 3rd Additions. 1. Final Plat. Eaoandale Lemay Lake 5th Addition. It was recommended to approve the final plat as presented. R-95.51 J. Extension of the recording for the Justin Dean Frank Addition. It was recommended to approve a request for extension of the recording of the final plat for Justin Dean Frank Addition. K Preliminary Subdivision Extension for Majestic Oaks Addition. It was recommended to approve a request for extension of the preliminary subdivision for Majestic Oaks Addition, subject to the 28 conditions listed with the original approval on August 17, 1993; the two conditions added when the first extension request was granted at the August 2, 1994 City Council meeting; and the condition that this hem be reviewed and addressed at the Advisory Parks, Recreation and Natural Resources Commission for purposes of compliance with the Tree Preservation Policy and the Wetlands Conservation Act Permanent Rules. L Extension of Completion Dates - Town Centre 100 15th Addition (Red Robin Restaurant). It was recommended to approve the extension of the completion dates identified In the development contract for a period of one year for the Town Centre 100 Fifteenth Addition. V M. Recommendation. Airport Relations Commission Consideration of Impacts on Dakota County Cities of Both Tracks of the Dual Track Airport Planning Process. It was recommended to approve the recommenda- tion by the Airport Relations Commission urging Dakota County to consider all Impacts on Dakota County cities of both tracks of the Dual Track Airport Planning Process. R-95.52 N. Award Bid. Media Systems Package. Municioal Center Remodelling. It was recommended to award the bid for the media systems package for the City Council Chambers and control room to Acoustic Communications Systems, Inc., in the amount of $170,141.08. 0. Change Order. Civic Arena. Lund-Martin Construction. It was recommended to approve Change Order #1 for the civic arena in the amount of $26,059 as presented. P. On-Sale Liguor License Application for Old Chicago Pizza, formerly Dougherty's. It was recommended to approve an on-sale liquor license for Old Chicago Pizza, located at 1312 Town Centre Drive. EAGAN CITY COUNCIL MINUTES; AUGUST 1, 1995 PAGE 4 1763 Gabbro Trail, expressed a concern about the size of the building. Considerable discussion followed concerning the location and size of the structure. Community Development Director Reichert noted that Mr. Kyte is exceeding the minimum side yard setback requirement. Mr. Schomaker Indicated he is not opposed to Mr. Kyte having a garage there, but reiterated his concern about the size. Counciimember Hunter asked whether this structure is allowed by code. Community Development Director Reichert indicated it does meet code requirements. She noted this issue has come up in a number of cases and the Council may wish to consider putting a maximum size for accessory structures In the code. She also noted that the Council can attach reasonable conditions to the variance, such as a limit on the size. The applicant has a number of items that are currently being stored outside, and one of the conditions suggested is that all of those Items must be stored inside or on the driveway. Counciimember Masin noted that it doesn't exceed the 20% of the lot size requirement in the code for accessory structures. Mr. Kyte emphasized that the garage will barely be visible when driving by due to the size and number of trees. He doesn't feel It will be visible from the neighboring property either. Councilmember Hunter indicated it meets the code, and feels there Is a reasonable hardship. Mayor Egan concurred, stating that the garage will enhance the neighborhood by storing objects that are currently being stored on the property. It will also preserve two 26 year old trees. Hunter moved, Egan seconded a motion to close the public hearing and approve a 7 foot variance to the required 15 rear yard setback for Lot 18, Block 8, Cedar Grove #6, subject to the condition that all vehicles, boats, campers and trailers associated with this property must be stored in the proposed garage or on the Improved driveway surface within the minimum setback allowance as required by City Code; and all other City Code regulations. Aye: 5 Nay: 0 AUK>B INESS APRNRC RECOMMENDATION ON MOSQUITO CONTROL After an introduction by Administrator Hedges, Superintendent of Parks Paul Olson reviewed the APRNRC recommendation. Erik Rivkin, 1695 Steller Court, Chanhassen, expressed his opposition to the use of pesticides due to their toxicity and effects on the environment and health, noting numerous examples. He doesn't feel the efforts of the Metropolitan Mosquito Control District have been effective. Chanhassen, as well as other communities, opted out of the district and there have been no complaints. If the program isn't effective, he doesn't feel $10 million should be spent on It. He urged the City of Eagan to support legislation to allow local units of government to opt out of the district. He indicated there are many alternatives to mosquito control without using pesticides and he explained several examples, including use of bats, swallows, frogs, etc. There is also a safety concern with the use of chemicals. He noted that private citizens can opt out of the program, although most people are not aware of this. Counciimember Wachter questioned the effectiveness of swallows as an alternative for mosquito control. He asked how frogs are used and Mr. Rivkin explained that they eat the larvae. Jim Stark, and Susan Palcich, of the Metropolitan Mosquito Control District, spoke In support of the program. They refuted some of the arguments made by Mr. Rivkin, noting that larvae control Is still being done in the City of Chanhassen. Larvae control is the main tactic of the district. Considerable discussion followed concerning different aspects of the program, their effectiveness, and whether complaints are received from communities who have opted out of the program. Councllmember Awada noted that only treehole mosquitos breed encephalitis. A large majority of mosquitos are bred in backyard ponds and pools that no one has access to. She doesn't agree that there will be a large increase in mosquitos if larvae control is discontinued. The spread of encephalitis was EAGAN CRY COUNCIL MINUTES; AUGUST 1, 1995 PAGE 3 0. Concept Approval. Municipal Comalex Landscape and Site Plan. It was recommended to approve the concept for the Municipal Center landscape and site plan and budget. Awada moved, Masin seconded a motion to approve the consent agenda as presented. Aye: 5 Nay: 0 Police Liaison Services Agreement/School District 197. Administrator Hedges explained this request, noting the financial arrangements used for police liaison officers at the School Districts 191 and 196. Councilmember Masin expressed a concern about this, noting that the City of Eagan doesn't charge other cities for police liaison services In District 196. After some discussion, Councilmember Hunter suggested the Council approve the funding for this year and send a letter to School District 197 stating that the city will not fund an officer next year. Councilmember Awada added that the City of Eagan is the largest taxing entity In the district, yet has only 25% of the students. Councilmember Wachter Indicated a concern also, and noted he is voting in favor of this under protest. Administrator Hedges added that Police Chief Geagan also has concerns about the funding arrangement for these services. Hunter moved, Masin seconded a motion to approve the police liaison services agreement with School District 197, and direct staff to write a letter to the school district Indicating that the Council will not approve this in future years. Aye: 5 Nay: 0 project 638R. Interagency Agreement for Yankee Doodle Road Railroad Crossing. After a brief staff report by Director of Public Works Colbert, Wachter moved, Awada seconded a motion to approve an interagency agreement with Dakota County and CP Rail System for railroad crossing signals and track crossing renewal on Yankee Doodle Road at T.H. 149 and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 Blackhawk Road Vacation of Excess Right of Wad After a staff report by Director of Public Works Colbert, Hunter moved, Awada seconded a motion to approve a quit claim transfer of excess public right-of-way for Blackhawk Road adjacent to Outlot D, Cliff Lake Center and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 ;B N VACATION OF CEDARVALE DRIVE After an introduction by Administrator Hedges, Director of Public Works Colbert gave a staff report on this, reviewing the history of this request. Mayor Egan then opened the public hearing to anyone wishing to speak. Mark Parranto, 4537 Lake Park Drive, Indicated he has a petition circulating from the homeowners adjacent to the roadway. It has been signed by about 3/4 of the homeowners, but he hasn't gotten it back yet. He noted the road will be repaired to a good driveway status. The commercial properties don't have any problem with It. Councilmember Hunter asked when he expects to get the petition back and Mr. Parranto responded It would probably be about two weeks. Councilmember Hunter suggested the Council dose the public hearing, but not approve it until the signature list is turned in. Councilmember Awada concurred. Hunter moved, Wachter seconded a motion to dose the public hearing, and continue this until the signature list is received from Mr. Parranto, at which time it be scheduled on the next available consent agenda. Aye: 5 Nay: 0 VARIANCE, LOUIS KYTE, 1761 GABBRO TRAIL After an Introduction by Administrator Hedges, Community Development Director Reichert gave a staff report. Mayor Egan then opened the public hearing to anyone wishing to speak. Mike Schomaker, 2• EAGAN CITY COUNCIL MINUTES; AUGUST 1, 1995 PAGE 5 discussed as well as how to educate citizens on controlling the breeding sites. Councilmember Awada emphasized educating the public, Indicating she feels it would be much more effective than using chemicals. She also emphasized that this Is just for city-owned property. Citizens still have the opportunity to opt out of the program for their property or to stay in the district Councilmember Hunter Indicated that he has spoken to a lot of people on this and he feels that If cities wouldn't have to fund the program if they opt out, there would be more support. Once that is explained, most people feel the city should continue with the program. Most people would rather have mosquito control than apply repellent to their children because that Is an environmental concern also. He feels the Council should adopt the APRNRC recommendation. Councilmember Wachter noted that there were a lot of mosquitos in Eagan before the mosquito control program. He expressed a concern about park programs, especially those at night because the lights draw mosquitos. He doesn't favor putting any more chemicals on the ground than is absolutely necessary. He favors using a chemical that has a good impact on the mosquito population with the least impact on the public. He doesn't favor opting out of the program at this time; however, he does believe there should be an education program about individuals having the right to opt out of the program. Councilmember Masin Indicated that there are residents who believe that having no mosquito control would make some of their outdoor activities during the summer virtually impossible. If chemicals are going to be used, she would rather have the district controlling them than having residents getting the chemicals on their own because there would be no control over what Is being used. The amount of money being spent is alarming and she suggested sending a letter indicating that while it is felt the program Is useful, the amount of money being spent is excessive. She favors treating adult mosquitos with spraying where they are a nuisance, and the education program. Councilmember Wachter stated he feels it is Important to continue the larvae control program because he feels It Is the most effective. Mayor Egan Indicated he concurs with the opinion that if the city has to fund the program regardless of whether they opt out, the program should be continued. He would rather waft until the legislature provides for a clean opt out of the program. He also favors the education program. He noted he hasn't received calls from people who are concerned about this. Council member Awada stated she feels it is the City's duty to send a message to the legislature that this program is not cost effective. Opting out only covers park land, so individual properties in Eagan will still be treated. She suggested that the city try a restriction on the larvae program and allow for spraying of parks before events, and If Isn't successful, go back to the current program. Awada moved, Masin seconded a motion to allow for adult spraying, and eliminate larvae treatment for an experimental period of two years, with a review of the issue at the end of that two year period; along with an education program regarding alternative methods of mosquito control, and the option of land owners; and with a larvae program to clean up tires, cans and containers. Councilmember Wachter reiterated the Importance of larvae treatment rather than spraying. He feels the park land Is only a small percentage of property In the city and citizens should be informed of their opportunity to opt out of the program. He feels it is imperative that the City do its best for the park program. Councilmember Hunter concurred. Aye: 2 Nay: 3 (Wachter, Egan and Hunter opposed.) Hunter moved, Wachter seconded a motion to adopt the APRNRC recommendation relative to mosquito control made at their July 17, 1995 meeting. Aye: 3 Nay: 2 (Awada, Masin opposed.) CONSIDER REAPPROVAL, PREUMINARY SUBDMSION, GARDENWOOD PONDS After an introduction by Administrator Hedges, Community Development Director Reichert gave a staff report, indicating that staff has worked out the conditions with the applicant. She clarified the wetlands issue, and suggested that rather than going back to the APRNRC, that it simply be reviewed by staff to make sure the 2:1 replacement requirement Is met. She suggested that the tree preservation requirement similarly EAGAN CiTi' COUNCIL MINUTES; AUGUST 1, 1995 PAGE 6 be reviewed by staff. It is also being suggested that Gardenwood Drive be designed at a 35 mph design speed with turn arounds on driveways abutting Gardenwood Drive. After some discussion concerning relocation of the access point, Masin moved, Wachter seconded a motion to reapprove a preliminary subdivision for Gardenwood Ponds, subject to the following conditions: 1. The Preliminary Subdivision shall be revised to satisfy the 2:1 wetland replacement requirement of the Wetlands Conservation Act. This revision shall be reviewed by Community Development staff prior to Final Subdivision approval. 2. The subdivision shall be subject to the requirements of the City's tree preservation policy. A tree preservation plan shall be reviewed by Community Development staff prior to Final Subdivision approval. 3. The location of model homes shall be designated. 4. A trail connection will be provided between Gardenwood Drive and Stanwix Court 5. If the Final Subdivision includes adjacent property currently incorporated as outlots in Bridle Ridge 2nd Addition, an easement for trail purposes adjacent to Bald Lake will be provided. 6. Redesign of Gardenwood Drive to a 35 mph design speed with J-tum arounds on the driveways that are directly on Gardenwood Drive. Aye: 5 Nay: 0 REQUEST TO RECONSIDER PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION, SAFARI-AT-EAGAN THIRD ADDITION After an introduction by Administrator Hedges, City Attorney Sheldon reviewed the action requested of the Council tonight and the proper procedures to follow. Mayor Egan reviewed the reasons given by the Planning Commission relative to this request He noted that in discussing these Issues, the Council and staff felt a certain degree of discomfort with this request. This property is the residual piece of a PD that Is very large and very old. There was a feeling by staff, the Council and Planning Commission, that there-has been a substantial change in circumstances. According to the City Attorney, the Council has to establish a rational basis for their decisions. He feels the twelve Issues outlined by the Planning Commission provide that rational basis. The Council can determine that the applicant Is wrong In their legal interpretation that the Council has no rational basis to deny this application. He feels that the result of that decision will be a lawsuit. He suggests the Council determine that the circumstances In the area have changed, view that parcel as unique, and try to find a more compatible use for the property. Commercial would probably be appropriate, but it should probably be a less dense commercial use that would be more compatible with the surrounding area. That would avoid the potential for litigation. Councilmembers Wachter and Awada concurred. Councilmember Hunter reviewed wording from a memo written by the City Attorney relative to landowner's rights. He noted that a refusal to rezone a property can overcome the presumption of being arbitrary if it articulates factually supportable reasons that relate to the promotion of health, safety and welfare of the community. He feels that the twelve reasons given by the Planning Commission are all factually supportable to some degree. He concurred with the Mayor's recommendation. Gary Van Cleve, attorney representing Fortune Realty, argued that the Planned Development Is substantially complete. This Is a 7 acre parcel of a 500 acre site. This presents a legal issue as to whether the Council can terminate this PD even though it has expired. He feels the Council cannot take action on rezoning until it takes definitive action on terminating the PD agreement. According to the ordinance, the PD agreement cannot be terminated unless a conclusion is reached that the PD has not been substantially completed. They disagree with the City Attorney's analysis that the area to be considered substantially EAGAN CITY COUNCIL MINUTES; AUGUST 1, 19®5 PAGE 7 complete is the 7 acre parcel and therefore the PD agreement can be terminated. They also disagree that the only issue is whether there Is a rational basis for the decision. Because there Is a PD agreement, there are contract rights until those rights are terminated by the City. His position is that the PD agreement cannot be terminated until it is determined that the PD has not been substantially completed. He also refuted the City Attorney's opinion that a 4/5 vote Is required to approve this. In his opinion, this does not involve zoning; it is a preliminary subdivision and preliminary planned development. City Attorney Sheldon responded to Mr. Van Cleve's arguments, noting that a planned development presents a unique situation, because it Is a combination of platting and zoning. The argument of substantial completion can be argued to be the entire planned development, or that each division of the property must stand or fall on its own. The position of the city is that each parcel is considered separately, and he doesn't feel that Is an unreasonable position. Councilmember Masin referred to the City Attorney's legal opinion that no extension of the planned development has been requested nor approved by the City Council. She feels that Is Important. City Attorney Sheldon clarified that the zoning doesn't go away with the expiration of the PD. The zoning stands until it is changed by the City Council. Discussion followed concerning the zoning. Bill Hodapp, representing Thomas Lake Townhomes, indicated they would like to work with the developer to try to come up with a reasonable alternative for the property. They would like to be good neighbors; however, they haven't seen much of a response to their concerns. They don't feel there has been a good faith attempt to do what would be compatible with residential development. They are fully supportive of logical rational development in this area, but are concerned about added traffic and late night activity on that parcel. Some discussion followed concerning what would be acceptable to the neighbors In this location. Councilmember Wachter suggested that the Council terminate the PD and let staff work with the neighbors and applicant and see what they come back with. Considerable discussion followed concerning what action the Council should take on this. Hunter moved, Wachter seconded a motion to deny the request to reconsider. Aye: 5 Nay: 0 Awada moved, Masin seconded a motion to direct the Planning Commission to commence the appropriate public hearings to make appropriate amendments to the Comprehensive Guide Plan, terminate the Planned Development agreement, and Initiate the rezoning process. Aye: 5 Nay: 0 REZONING, PREUMINARY SUBDIVISION AND VARIANCE - TOWN CENTRE 100 16TH ADDITION After an Introduction by Administrator Hedges, Community Development Director Reichert gave a staff report. Considerable discussion followed concerning the size of the clinic and the width of the parking stalls. Martin Colon, of Federal Land Company, indicated he feels it is advantageous to have 9 foot parking stalls because it brings the parking closer to the entrance to the building. Councilmember Hunter noted that he feels 10 foot stalls are needed for parents carrying their sick children. He suggested that 10 foot stalls be used, and the property shown as proof of parking be used to make up the additional stalls needed. Dave Ellerbe, of Ellerbe Beckett, noted that in addition to the walking distance, having 9 foot stalls Is intended to improve water quality by reducing the amount of impervious surface. Mayor Egan expressed a concern about people In casts, on crutches and In wheelchairs. Community Development Director Reichert noted that there are 27 handicap parking stalls. She added that the Council can allow for 10 foot stalls for patient parking, and 9 foot stalls for employee and physician parking. After more discussion, Awada moved, Masin seconded a motion to approve a rezoning of 13 acres from Planned Development to Umited Business on property currently platted as Outlot A, Town Centre 100 3rd Addition. Aye: 5 Nay: 0 Awada moved, Hunter seconded a motion to approve the preliminary subdivision for the Anna Health Clinic located on Lot 1, Town Centre 100 16th Addition, subject to the following conditions: EAGAN CITY COUNCIL MINUTES; AUGUST 1, 1995 PAGE 8 1. The developer shall comply with standard conditions of plat approval Al, B1, B2, B3, B4, C1, C2, C4, D1, El, F1, G1 and H1, as adopted by Council on February 3, 1993. 2. The developer shall provide 271 on-site parking spaces. 3. Customer parking stall widths shall be 10 feet; employee parking stall widths shall be 9 feet. 4. Additional evergreen plantings should be provided along the north and east perimeter of Lot 1. 5. The developer shall provide detailed landscaping Information for the area at the very northeast comer of the site. 6. The developer shall submit detailed grading and erosion control plans for the area adjacent to the medical clinic and parking area prior to the Council taking final action on the subdivision. 7. The developer shall be responsible for installing and maintaining erosion control measures In accordance with the City's erosion/sediment control standards. 8. The drainage plan shall be revised to extend a storm sewer line from the clinic parking lot to the proposed pond. 9. The developer shall satisfy water quality mitigation requirements through a combination of on- site ponding and a supplemental cash dedication. 10. The pond shall be designed to provide partial treatment for the entire subdivision. 11. The supplemental cash dedication shall be pro-rated based on area for the entire subdivision. 12. The developer shall be responsible for a cash trail dedication. 13. The developer Is required to provide a driveway connection and access easement to the easterly adjacent day care center. 14. The property shall be platted. 15. At the time of final plat of the outlots, the owner/developer shall be required to comply with all subdivision regulations. Aye: 5 Nay: 0 Awada moved, Hunter seconded a motion to approve a variance to waive 62 of the required 333 on-site parking spaces. Aye: 5 Nay: 0 Some discussion followed on the parking. PRELIMINARY SUBDMSION - TAN ME INDUSTRIAL PARK After an Introduction by Administrator Hedges, Community Development Director Reichert gave a staff report. After clarification of the grading of the driveway and the status of the tax forfeiture, Wachter moved, Hunter seconded a motion to approve a preliminary subdivision for Tan Me Industrial Park on Lot 7, Block 1, Sibley Terminal Industrial Park, on Terminal Drive, subject to the following conditions: 1. The developer shall comply with standard conditions of plat approval Al, B1, B2, B3, C1, C2, C4, D1, E1, F1, G1 and H1 as adopted by Council on February 3, 1993. 2. Individual lot tree preservation plans will be required for Lots 1, 2 and 3. EAGAN CITY COUNCIL MINUTES; AUGUST 1, 1995 PAGE 9 3. The development be subject to a cash dedication for water quality mitigation. 4. The developer shall be responsible for submitting detailed grading plans reflecting actual conditions and the grading of a proposed access road on Lot 1 prior to final plat approval. 5. The development will be responsible for maintaining erosion control measures in accordance with the City's erosion/sediment control standards. 6. The developer shall be responsible for providing storm sewer for any proposed parking areas upon future development of Lots 1 and 3, in accordance with City standards. 7. The developer shall extend 8' water main to Lot 1 and Parcel 011-50. 8. The developer shall submit detailed plans and specifications accurately reflecting the construction and location of the 8' stub to Lot 1 and Parcel 011-50 to the northwest of the site prior to final plat approval. 9. Any adjustment of existing City utility structure shall be done in accordance with City standards. 10. The subdivision should be platted. Aye: 5 Nay: 0 Councilmember Awada moved, Hunter seconded a motion to direct staff to draft a resolution to the legislature expressing the city's position on mosquito control and request that an opt-out without payment be made available to local units of government. Councilmember Wachter expressed a concern that there are a lot of people In the city that don't see anything wrong with the program. Aye: 5 Nay: 0 R-95.53 Mayor Egan gave an update on the N.O.I.S.E. symposium he and Councilmember Masin attended recently, and thanked staff for all of the work they did to assist him as President of that organization. They made the city and the N.O.I.S.E. organization look good as a result of their efforts. He reviewed the recent activities of the organization and how staff assisted him In accomplishing these activities. He indicated he would like to consider hosting the next symposium either in Bloomington or Minneapolis, both of whom belong to N.O.I.S.E., and sharing the cost with Bloomington, Minneapolis, Richfield, and Mendota Heights. He would like to approach these communities to see If they would be interested. Councilmember Masin reported on several of the speakers at the symposium. Councilmember Hunter thanked Mayor Egan on behalf of all of the communities affected by airport noise for serving as president of this organization with no compensation. Councilmember Wachter expressed a concern that Red Robin hasn't gone ahead with their plans yet. Community Development Director Reichert Indicated that they are still going forward. They need a little more time which Is allowed in their development agreement. Councilmember Wachter also expressed a concern about development on Blackhawk Road where they put the street right next to a large oak tree. He doesn't feel the city should have allowed this. Councilmember Masin noted there is a seminar on global access air sponsored by MnDOT that will be held at the Mall of America. She will give the notice to Administrator Hedges to distribute to the Council. She also noted that she is now associated with Mass Mutual. Councilmember Hunter Indicated he walked through the Delosh property due to several calls he received from someone who is opposed to the city's plan to put a storm sewer down a long ravine on this EAGAN CITY COUNCIL MINUTES; AUGUST 1, 1995 PAGE 10 property. After walking in this area, he feels it is definitely needed. He also noted that the city has a temporary E-mail address, and indicated a permanent number will be assigned once the remodeling of the Municipal Center is completed. H K iftEG STE Wachter moved, Egan seconded a motion to approve the check register dated July 28, 1995 In the amount of $1,716,701.46. Aye: 5 Nay: 0 Wachter moved, Masin seconded a motion to adjourn the meeting at 9:50 p.m. Aye: 5 Nay: 0 oLP August 1, 1995 %A ovft ~ r~6~ L Date Ity e 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, (612) 681-4600, (TDD phone: (612) 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, sexual orientation, disability, age, marital status or status with regard to public assistance.