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09/05/1995 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota September 5, 1995 A regular meeting of the Eagan City Council was held on Tuesday, September 5, 1995 at Black Hawk Middle School. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin, 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. AG G 1 Administrator Hedges noted there will be an executive session following the meeting. Wachter moved, Awada seconded a motion to approve the agenda. Aye: 5 Nay: 0 iHU ''1'E*aa't ! 1~ UGU 1'..:,:'<19955. 'RE .1.k~ EETI1 Councilmember Awada requested an amendment to page 1, by rewording the correction to the August 1, 1995 regular minutes to read, Only treehole mosqultos breed encephalitis.' Hunter moved, Masin seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 [iNtifE OF A# GU; ' '>#i5>»<# >5i i! t"` G Councilmember Hunter noted an amendment on page 1, regarding the concept of a monument. He stated he feels it was central area wide signature signage, lighting, etc., that was discussed, rather than a monument. Hunter moved, Wachter seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 Administrator Hedges explained that the city was contacted by the owners of Carriage Hills Golf Course about purchasing it for a municipal golf course. The owner indicated they have had some proposals for residential development. Some preliminary analysis has been done by fiscal and golf course consultants as to whether it would be a good financial Investment for the city. Parks and Recreation Director Vraa further explained that it Is hoped to have a -preliminary report In the next 30 days. In regard to Item I, Project 567R. Effress Addition Storm Sewer. Councilmember Wachter asked whether any damages were figured Into this price. Director of Public Works Colbert indicated there were no damages. In regard to item L, Joint Powers Agreement. Runway 4/22 Mediation Survey. Administrator Hedges noted that Mayor Egan expressed 'h concern about the amount being spent on this survey. Since the proposals will be received next week, he suggested it be continued to the next meeting. In regard to Item U, Refuse Haulers Commercial Licenses. Administrator Hedges indicated he learned today that there may be a conflict with the name of UWS Transfer Inc. He is requesting that that license be continued to the next meeting. In regard to Item V, Cigarette Licenses. Aopiebaum Companies and Sldco Inc. Counclimember Wachter requested that when these licenses are requested, these companies should be checked for sign violations. EAGAN CITY COUNCIL MINUTES; SEPTEMBER 5, 1995 PAGE 2 In regard to Item C, Hunters Licenses. Councilmember Hunter Indicated he would like to abstain on his license application. A Personnel Items Item 1. It was recommended to approve the appointment of Renee Sorenson as Skating School Director. Item 2. It was recommended to approve the hiring of a person to be named as Design Engineer. Item 3. It was recommended to approve the hiring of Neil Anderson, Sam Schooler and Susan Hitchens as Community Service Officers. Item 4. It was recommended to approve the hiring of Chad Holton as a seasonal part-time Arena Supervisor/Resurfacer. Item S. It was recommended to approve the reclassification of the Supervisor of Forestry position from Range H, non-exempt employee, to Range I, exempt employee. Item 6. It was recommended to revise Section 2.2.8 of the Personnel Policy to include son or daughter-in- law of the employee and spouse in the definition of 'immediate family.' B. Plumbers Licenses. It was recommended to approve the plumbers licenses for Bredahl Plumbing Inc., Central Plumbing, Lafond Plumbing Inc., 01-Berg Construction, Plumrfte Inc. and Randy L Monson as presented. C. Special Hunting Permits. It was recommended to approve special hunting permits for Shawn Hunter, Norman E. Svien, Gregory J. Arens, Brian Collins and Stephen Louis Huettle as presented. (Councilmember Hunter abstained from the vote on his license.) D. Resolution Changing Council Meeting Date. It was recommended to approve the resolution changing the date of the City Council meeting from September 19 to September 20, 1995. R-95.55 E. Aooointment. Gun Club Watershed Management Organization. It was recommended to appoint Scott Merkley as a citizen representative on the Gun Club Watershed Management Organization, for a term to commence immediately, and expire June 1, 1998. F. Change Orders. Police Department/Municipal Center Expansion. It was recommended to approve change orders as presented. G. Authorize Bumsvflle/Eagan Cable Communications Commission Standstill Agreement Cable Franchise Renewal Process. It was recommended to authorize the Bumsvflle/Eagan Cable Communications Commission to enter into a standstill agreement with Meredith Cable for the cable franchise renewal process. H. Project 692. Sibley Hwy. Streets and Sanitary Sewer. It was recommended to receive the feasibility report for Project 692 and schedule a public hearing to be held on October 2, 1995. 1. Project 567R. Effress Addition Storm Sewer. It was recommended to approve a Stipulation of Settlement for easement acquisition for Project 567R, and authorize the Mayor and City Clerk to execute all related documents. R-95.56 J. Project 675R. Red Oaks Addition. It was recommended to receive the final assessment roll for Project 675R, and order a public hearing to be held on October 2, 1995. OL 2T 9 EAGAN CITY COUNCIL MINUTES; SEPTEMBER 5, 1995 PAGE 3 K Contract 95-13. North Ridge Drive. It was recommended to approve the plans and specifications for Contract 95-13 and authorize the advertisement for a bid opening to be held at 10:30 a.m. Wednesday, September 27, 1995. L Approve Joint Powers Agreement. Runway 4/22 Mediation Survey. This item was continued to September 20, 1995. M. Approve resolution to Issue and sell General Obligation Improvement Bonds Series 1995A: General Obligation Equipment Certificates of Indebtedness Series 1995B: and General Obligation Improvement Refunding Bonds. Series 1995C. It was recommended to approve the resolution as submitted.R-95.57 N. Final Subdivision. Centex Vermillion. It was recommended to approve the final subdivision, located east of Highway 13 and south of Robin Lane. R-95.58 0. Contract 93-KK. Stonebridge Ponds. It was recommended to acknowledge completion of public improvements under Contract 93-KK and authorize perpetual City maintenance subject to warranty provisions. P. Contract 94-02. Violet Lane and Yankee Doodle Road. It was recommended to authorize the third and final payment for Contract 94-02 to Northdale Construction, Inc., In the amount of $28,883.45 and authorize perpetual City maintenance subject to warranty provisions. 0. Contract 93-ZZ. Safari Cad Eagan 2nd Addition. It was recommended to acknowledge completion of public improvements under Contract 93-ZZ and authorize perpetual City maintenance subject to warranty provisions. R. Contract 93-I. Lexington Pointe 9th Addition. It was recommended to acknowledge completion of public Improvements under Contract 93-I and authorize perpetual City maintenance subject to warranty provisions. S. Contract 92-I. Weston Hills. It was recommended to acknowledge completion of public improvements under Contract 92-I and authorize perpetual City maintenance subject to warranty provisions. T. Contract 94-EE. Trails End Addition. It was recommended to acknowledge completion of public improvements under Contract 94-EE and authorize perpetual city maintenance subject to warranty provisions. U. Refuse Haulers Commercial Licenses, UWS Transfer Inc. and Waste Control Systems, St. Paul. It was recommended to approve the commercial haulers license for Waste Control Systems, subject to submittal of a certificate of Insurance showing coverage extended through September 1, 1996. (The refuse haulers commercial license for UWS Transfer Inc. was continued to September 20, 1995.) V. Cigarette Licenses Applebaum Companies dba Big Top Liquor. 3900 Beau D'Rue Drive: and Sidco. Inc.. Big Top Liguor. 1282 Town Centre Drive. It was recommended to approve cigarette licenses for Applebaum Companies and Sidco, Inc., doing business as Big Top Liquor Stores. W. Holz Farm Structural Analysis. It was recommended to authorize staff to seek professional consultant services to perform a building/structural analysis of Holz Farm buildings. X. Contract 94-03. Biackhawk and Blue Cross Road. It was recommended to approve the 10th and final payment for Contract 94-03 in the amount of $21,159.85 to McNamara Contracting, Inc., and authorize acceptance for perpetual City maintenance subject to warranty provisions. OC 021.9 EAGAN CITY COUNCIL MINUTES; SEPTEMBER 5, 1995 PAGE 4 Y. Contract 94-M. Stonebrldge Ponds 2nd Addition. It was recommended to acknowledge completion of public Improvements under Contract 94-M and authorize perpetual City maintenance subject to warranty provisions. Z. Contract 93-E. Weston Hills 2nd Addition. It was recommended to acknowledge completion of public Improvements under Contract 93-E and authorize perpetual City maintenance subject to warranty provisions. Hunter moved, Masin seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 COVENTRY PASS 5TH ADDITION VACATION After a brief introduction by Administrator Hedges, Director of Public Works Colbert gave a staff report. Mayor Egan then opened the public hearing to anyone wishing to speak. There being no one wishing to speak, Mayor Egan turned the discussion back to the Council. Wachter moved, Hunter seconded a motion to close the public hearing and approve the vacation of a public road and drainage easement as described subject to the concurrent recording of replacement easements within the proposed Coventry Pass 5th Addition within Inver Grove Heights. Aye: 5 Nay: 0 OAKPOINTE OF EAGAN, COMPREHENSIVE GUIDE PLAN AMENDMENT, PRELIMINARY PLANNED DEVELOPMENT AMENDMENT AND PRELIMINARY SUBDIVISION Awada moved, Wachter seconded a motion to approve the Comprehensive Guide Plan Amendment changing the Comprehensive Guide Plan from Limited Business to D-ll Mixed Residential (0-6 u/ac). Aye: 5 Nay: 0 R-95.59 Awada moved, Hunter seconded a motion to approve a Preliminary Planned Development for 35 zero lot line single family homes, subject to the following conditions: 1. Execution of the Planned Development Agreement. 2. The term of the Preliminary Planned Development Amendment shall be five years. 3. Final Development Plans shall be submitted which will Include the final plat; final grading, drainage and erosion control, final signage and final landscaping. 4. Two subdivision monument signs located In the northeast and southwest comers of the entire site (per Landscape Plan). 5. The signs shall be subject to a one time $2.50/square foot sign fee at the time of sign permit application. 6. The developer shall be responsible for preparing and recording with the subdivision, appropriate documents establishing a Homeowner's Association. The documents must be submitted and approved by the City Attorney's Office prior to final subdivision approval. Transfers of common areas to the Homeowner's Association shall be recorded with the subdivision. 7. No individual property fences shall be erected or constructed. 0021.1 EAGAN CITY COUNCIL MINUTES; SEPTEMBER 5, 1995 PAGE 5 8. The common areas shown as outlots will be deeded over to the Homeowner's Association shall be recorded with the subdivision. 9. All buildings shall be at least ten feet apart. Aye: 5 Nay: 0 Awada moved, Hunter seconded a motion to approve a Preliminary Subdivision for OakPointe of Eagan, subject to the following conditions: 1. The developer shall comply with standard conditions of plat approval Al, Bt, B2, B4, Cl, C2, C3, D1, El, Fl, Gland H1 as adopted by Council on February 3, 1993. (C3, will be revised to read private streets Instead of public streets.) 2. The subdivision for OakPointe of Eagan be platted. 3. Lots 1, 13, 21 and 35 shall be labeled as outlots on the final plat. 4. The following notation should be made to the plat: The outlots denoted shall be common area. 5. An Individual lot tree preservation plan will be required for Lots 3, 5, 7, 15-39 (excluding Lots 13 and 35, which are streets). 6. Tree protective measures (i.e. 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 the significant trees/woodlands to be preserved. 7. The developer shall contact the City Forestry Division at least five days prior to the Issuance of a grading permit to ensure compliance with the approvedTree Preservation Plan. 8. The subdivision shall be subject to a cash water quality dedication. 9. The Developer shall abandon the existing sanitary sewer stub from Plaza Drive. 10. The Developer shall submit a concept grading plan depicting the possible grading of each lot In the development. 11. The development Is subject to a cash parks dedication based on single family rates. 12. The development Is subject to a cash trails dedication. Aye: 5 Nay: 0 REQUEST TO RECONSIDER PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION CONDITIONS - SODERHOLM ADDITION Administrator Hedges reviewed the results of the meeting with the county relative to access onto Diffley Road, noting that the county turned the request down again. Councilmember Wachter stated he doesn't understand why the county won't approve this. It Isn't setting a precedent. He is disappointed In this decision. Mayor Egan concurred. Councilmember Awada Indicated she Is not comfortable with the design without condition 13 relative to access. Councilmember Masin concurred. Considerable discussion followed concerning the traffic flow within the development and the county's policy on variances. Community Development Director Reichert indicated she can continue to work with the developer on the EAGAN CITY COUNCIL MINUTES; SEPTEMBER 5, 1995 PAGE 6 layout of this proposal and the traffic flow. Further discussion followed concerning Improvements to the layout and traffic flow. Mayor Egan stated he is not comfortable trying to redesign this. Community Development Director Reichert noted that this is preliminary approval, and she would be happy to meet with the developers and look at this further to see if there are any internal rearrangements that would rationalize the traffic flow. Councilmember Hunter emphasized that the reason the Council Is so concerned with a private development is because when the traffic flow doesn't work, people blame the city for allowing it. Hunter moved, Awada seconded a motion to remove condition 13 of the Preliminary Subdivision. Councilmember Awada suggested a friendly amendment to provide for a condition that the internal circulation pattern needs to be modified to meet staff approval before final approval is given. Hunter concurred with the friendly amendment. Aye: 5 Nay: 0 Hunter moved, Awada seconded a motion to change condition 3 of the Preliminary Subdivision to read that `the 10,800 square foot retail center shall be developed concurrently with the Holiday Station store.' Aye: 5 Nay: 0 Discussion followed on the request made to the county. Councilmember Masin suggested that a letter be written to the county suggesting that they need to be more flexible and examine certain Issues on a case by case basis. Mayor Egan concurred. He feels the county board is somewhat distanced from their constituency. Administrator Hedges noted that both of the commissioners representing Eagan approached him after the board meeting suggesting it might be appropriate to meet to discuss transportation design. Mayor Egan stated he feels that would be a good Idea. NEW e N N CONTRACT 95-12, DEERWOOD RESERVOIR Director of Public Works Colbert gave a staff report, Indicating he wanted to see whether the city had an Interest in going beyond its current policy of just putting the name of the city on the reservoir or whether they would like to also put the logo on the reservoir, given its high visibility to 35E. If the Council Is interested, he can do an addendum to the bids and get cost estimates. He showed several examples of what could be put on the reservoir and Councilmembers gave their preference as the example with the logo and the name 'Eagan". Wachter moved, Awada seconded a motion to authorize an addendum to the bid solicitation for Contract 95-12 to request bid quotations for the installation of a City logo. Aye: 5 Nay: 0 CERTIFICATION OF PROPOSED 1996 PROPERTY TAX LEVY AND PROPOSED 1996 BUDGET Administrator Hedges gave a staff report, noting this budget has no Increase in tax capacity rate. Hunter moved, Wachter seconded a motion to authorize the certification of the proposed 1996 property tax levy. Aye: 5 Nay: 0 Wachter moved, Awada seconded a motion to approve the preliminary 1996 general fund budget. Aye: 5 Nay: 0 Awada moved, Hunter seconded a motion to set the initial Truth In Taxation hearing for December 5, 1995, and the continuation hearing for December 13, 1995. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT, ADAMS OUTDOOR ADVERTISING Community Development Director Reichert gave a staff report, noting that this Is a replacement sign for a sign that was approved but never constructed at Diffley and 35E. They are proposing to build a one face sign and are asking to bank one side and the extra 20 feet. She noted that the Council will also need EAGAN CITY COUNCIL MINUTES; SEPTEMBER 5, 1995 PAGE 7 to revise the list of permanent signs to bring it up to date. Councilmember Wachter indicated he would like to see no more signs on 35E. He asked whether there was any input from Opus. Community Development Director Reichert noted that the adjacent property owners were notified and she hasn't heard anything. Councilmember Wachter indicated he would like to see a restriction on liquor, tobacco and gambling ads. Bob Gralziger, 1640 Blackhawk Hills Road, representing the applicant, Indicated they can abide by that restriction. Their intent Is to use the sign for local advertisers. Discussion followed concerning whether this property will ever develop. Wachter moved, Hunter seconded a motion to approve a conditional use permit to allow an off- premise sign on Soo Line right-of-way located south of 1-494, west of Highway 55, subject to the following conditions: 1. The conditional use permit shall be recorded at Dakota County within 60 days of Council approval with documentation provided to the City. 2. Applicant shall submit a detailed site plan Illustrating the sign location, Including setbacks, drawn to scale prior to Issuance of a sign permit. 3. The sign will be subject to the one-time sign fee of $2.50/square foot. 4. All applicable city codes. 5. There shall be a restriction on advertisement of liquor, tobacco and gambling. Aye: 5 Nay: 0 Wachter moved, Hunter seconded a motion to approve an amendment to Table A of the Sign Code (Section 4.20) as attached. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT, CITY OF EAGAN . Community Development Director Reichert gave a staff report, noting that this is a housekeeping item. Some discussion followed concerning the Planning Commission's recommendation to deny this. John Young, 16275 Hudson Avenue, Lakeville, emphasized that staff needs to be more accommodating to the development community. He has concerns about the non-conforming use and the zoning/comp guide mismatch Issues. He has some ideas he Is working on that he would like to discuss at a future date. Awada moved, Hunter seconded a motion to approve a Comprehensive Guide Plan amendment changing the land use designation of approximately 20 acres from D-I Single Family Residential, 0-3 units per acre to Industrial, for land consisting of nine platted lots In Halley's 1st Addition and two adjacent unplatted parcels located east of Highway 3 and north of Gun Club Road, in the Southeast Quarter of Section 36. Aye: 4 Nay: 0 (Councilmember Wachter abstained.) Some discussion followed concerning the reason for this decision. PREUMINARY PLANNED DEVELOPMENT AND PREUMINARY SUBDIVISION, RIVERPARK OFFICE CENTER Community Development Director Reichert gave a staff report, noting there are some issues relating to storm drainage, parking and access. They would like to provide far less parking than is required, but will provide a proof of parking area In the event it Is needed. She noted this will require an Environmental Assessment Worksheet, and find no need for an EIS. They will also need an Indirect source permit. She noted that this is an exciting economic development opportunity for the community. Director of Public EAGAN CITY COUNCIL MINUTES; SEPTEMBER 5, 1995 PAGE 8 Works Colbert added that in addition to the access off of Yankee Doodle Road, they are also proposing access off of an extension of Kenebec Drive, north of Blackhawk Road. Chuck Hall, representing Blue Cross Blue Shield, expressed a concern over several of the conditions. Discussion followed concerning the Issues addressed in Mr. Gresser's letter and how they have been addressed. Community Development Director Reichert Indicated staff will work with them on the storm drainage and tree preservation issues. Discussion followed concerning the amount of parking needed and provided under this plan. Mayor Egan stated he is extremely proud to see this type of development. Wachter moved, Awada seconded a motion to approve the RiverPark Office Center Preliminary Planned Development to permit four new 100,000 square foot office buildings, subject to the following conditions: 1. The RiverPark Office Center Preliminary Planned Development allows for the construction of four new 100,000 square foot office buildings. 2. The RiverPark Office Center Planned Development shall expire 15 years from the date of City Council approval. 3. A Preliminary Planned Development Agreement shall be executed prior to final subdivision approval. The preliminary site plan, building elevation plan, sign plan and landscape plan are necessary for this agreement. Upon submission of final plans, provided they are in confor- mance with the Preliminary Planned Development, the Final Planned Development of each lot may proceed to the City Council for approval. 4. City completion of the Environmental Assessment Worksheet is required. 5. MPCA approval of the Indirect Source Permit is required. 6. No transfer or sale of any lot shall occur until and unless the owner provides the City with evidence of access to a public street and proof of adequate parking for the lot(s) to be sold. 7. Development of Lot 6 shall be limited to parking and driveways as shown on the preliminary site plan. 8. The property shall be platted. Aye: 5 Nay: 0 Wachter moved, Masin seconded a motion to approve the RiverPark Office Center Preliminary Subdivision, subject to the following conditions: 1. The applicant shall comply with standard conditions of plat approval Al, B1, B2, B3, B4, Cl, C2, C3, C4, D1, E1, F1, G1 and H1, as adopted by Council on February 3, 1993. 2. The property shall be platted. 3. Pond CP-7 shall be expanded to meet flood volume and outflow requirements of its designated tributary drainage district In accordance with the City Storm Water Management Plan and Water Quality Plan. 4. The alignment of the proposed water main shall be revised so that the water main along Yankee Doodle Road north of Terminal Drive is shown out of the city right-of-way. ®U 2- a EAGAN CITY COUNCIL MINUTES; SEPTEMBER 5, 1995 PAGE 9 5. As part of the first phase of this development, Yankee Doodle Road shall be upgraded and reconfigured. 6. As part of the first phase of this development, Kennebec Drive shall be extended from Blackhawk Road to serve the development. 7. BCBS shall provide and record a declaration or covenants providing the availability of adequate parking and access to public streets for Lots 1-5. Aye: 5 Nay: 0 DELOSH ADDITION PRELIMINARY SUBDIVISION Community Development Director Reichert gave a staff report, noting that they have not heard back from the Environmental Quality Board as to whether an Environmental Assessment Worksheet will be needed. Wayne Brekken, the property owner, urged Council approval. He Indicated he agrees with the people who signed the petition that feel a 2 foot trench is not necessary for water quality drainage. He feels It can be handled with surface treatment. Director of Public Works Colbert indicated they are In the process of preparing a preliminary feasibility report addressing the extent and scope of the required storm sewer. There have been field surveys done, trying to minimize the extent of storm sewer that may be required to minimize any disturbance to the area. There will be neighborhood meetings held prior to the public hearing to discuss the extent of the storm sewer needed. Mike Sullivan, 1478 Bridgeview Avenue, indicated he doesn't feel a storm sewer Is necessary according to an engineering report from 1989. He also referred to a letter from Severson Wilcox and Sheldon to homeowners affected by the storm sewer easement stating that there would be no changes or work on the river beyond the northern edge of the Heller property. It also stated that the easement Is being acquired to preserve the natural drainage through the ravine and that a natural flowing stream runoff exists in the area. He questioned some blanks on the Environmental Assessment Worksheet relative to any governing body that would have any jurisdiction over the city regarding any potential environmental damage resulting from storm sewer construction. Director of Public Works Colbert noted that he is not aware of any governing agency that would have jurisdiction over the city In this matter. He added that the letter he referred to was for Project 543R which was done In 1989. That project was limited to the Helier property, creating a ditch block dam to restrict the flow from upgrading Skyline Road. It was still planned through the Comprehensive Plan to make these improvements in the future. Councilmember Hunter added that If through development there Is a lot of new runoff in any area of the city, and it requires a storm sewer, it needs to be addressed. There Is an increased need for storm sewer that wasn't there before. The facts have changed since that letter was written. Mr. Sullivan indicated he was under the understanding that what was stated In the letter would stand and that was part of the reason he agreed to grant the easement. Discussion followed concerning why the easement was acquired. City Attorney Sheldon suggested the city obtain a copy of the easement to review what rights were given under that easement. Mr. Sullivan raised other engineering concerns such as the fact that only half of Bridgeview Avenue has been vacated, and questioned who will own, build and maintain the proposed road or driveway that is In the right-of-way and serves two homes. City Attorney Sheldon noted that that is an existing public half right-of-way with no street built upon it. The owners of property adjacent to public right-of-way have a right to use it. Mr. Sullivan then questioned what type of access would be required for emergency vehicles to reach the lot with sufficient room for maneuvering. According to a report from an engineering firm, it is their opinion that the right-of-way is not wide enough and slope easements would have to be obtained from him and the adjacent property owner. He went on to say that the engineering firm feels that the topography map for the DeLosh plat seems to be Inaccurate. They feel the ravine is much deeper than indicated by the map. EAGAN CITY COUNCIL MINUTES; SEPTEMBER 5, 1995 PAGE 10 Director of Public Works Colbert indicated that since this is a preliminary plat, that level of detail has not been done. Further discussion followed concerning the access Issue. Myrel Lundsten, 1466 Bridgeview Avenue; Joan Remick Kennedy, 1440 Highview Avenue; Margaret Sullivan, 1478 Bridgeview Avenue; Dewey Anderson, 1472 Bridgeview Avenue; Jodi Anderson, 1472 Bridgeview Avenue; David Lundsten, 1466 Bridgeview Avenue; Linda Remick, 2890 Highridge Terrace raised concerns about the loss of trees and wildlife; safe access to the park; who is liable if the lot is found to be undevelopable because of the ravine; whether the storm sewer will handle the runoff; safety concerns relative to rip-rap; whether Highridge Terrace needs to be a thru street; and who will be assessed for this project. Director of Public Works Colbert reviewed the methods used for controlling storm water runoff. He emphasized that it is not the city's intent to destroy the ravine, but preserve it through minimal disturbance with construction. If it doesn't need a pipe to prevent erosion, the city will not put one in. If there is erosion that needs to be stopped, the city will try to find the best way to do that-with the least Impact to the area, and most economical. The City does want to preserve the ravine and would like to work with the adjacent property owners to come up with the best way to do that. He explained that the long term development policies and that the Intent of the city Is to provide Interconnection between neighborhoods to provide and promote a sense of community between neighborhoods. Considerable discussion followed concerning the extent of the erosion and physical aspects of the property. Councilmember Awada disagreed with the city's policy regarding thru streets connecting neighborhoods. She feels that from a public safety standpoint, there need to be secluded neighborhoods. Discussion followed concerning thru streets versus cul-de-sacs. Councilmember Hunter expressed a concern about access to Lot 1. He questioned whether if it is unreasonably costly to provide access, this will be an empty parcel where the taxes will need to be abated. Councilmember Wachter stated that there are other alternatives to filling in the ravine, such as building a bridge across the ravine for access. He doesn't feel access Is Impossible. He feels the Council should let staff take a look at the entire situation and see what Is best for this area. Mayor Egan emphasized that the property owner has development rights to this property. This Is a very low density development. The city wants to be as sensitive to this area as possible without infringing on the development rights of the property owner. Councilmember Awada indicated she would like to see this come back with a cul-de-sac If the property owner is in agreement. She feels it will solve some of the traffic problems. Director of Public Works Colbert indicated he can work with the developer on that if the Council wishes. Councilmember Wachter stated he would like to see a cul-de-sac also, but has safety concerns such as access for emergency vehicles. Mr. Brekken noted that he brought a proposal with cul-de-sacs before the Planning Commission, and they turned it down. Community Development Director Reichert noted that staff can work with them between preliminary and final platting to look at alternative ways of providing cul-de-sacs. She feels there Is an Issue as to whether there would be assessments with a cul-de-sac. Councilmember Hunter stated he doesn't feel the Council should change its policy on cul-de-sacs. He agrees with the concept of interconnecting neighborhoods. Awada moved, Hunter seconded a motion to approve the preliminary subdivision for DeLosh Addition, subject to the following conditions: 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. That the subdivision be platted. 3. Architectural designs and construction methods for new construction within the development will Incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA. OC 217 EAGAN CITY COUNCIL MINUTES; SEPTEMBER 5, 1995 PAGE 11 4. A notice will be recorded on each lot indicating that It is located within Metropolitan Council Aircraft Noise Zone IV. 5. This development shall be subject to a cash parks dedication. 6. This development shall be subject to a cash trails dedication. 7. The development be subject to a cash dedication for water quality. 8. Tree protective measures (i.e. 4 foot polyethylene laminate safety netting be Installed at the drip line or at the perimeter of the critical root zone, whichever Is greater, of the significant trees/woodlands to be preserved. 9. The developer contact the City Forestry Division at least five days prior to the Issuance of a grading permit to ensure compliance with the approved Tree Preservation Plan. 10. An Individual Lot Tree Preservation Plan will be required for Lot 6, Block 1. 11. The developer shall abandon any existing wells or septic tank systems not proposed to be utilized by the development in accordance with the City and County requirements. 12. The developer will be responsible for Installing and maintaining erosion control measures in accordance with the City's erosion/sediment control standards. 13. Any storm sewer deemed necessary to serve this development and the drainage district must be ordered for installation prior to final plat approval. 14. Sanitary sewer to serve Lots 2, 3, 4, 5, Block 2 shall be constructed along the south side of Lots 2, 3, 4, Block 2 north of Sibley Hills Drive. 15. The developer will be required to remove the existing concrete curb and gutter to obtain access to Skyline Road. 16. Any driveway, roadway section or utility installed by developer or subsequent property owners on Bridgeview Terrace public right-of-way shall be considered private with the City assuming no responsibility for its construction or maintenance. Some discussion followed concerning having staff explore the concept of cul-de-sacs In this development, and it was understood that it will be explored, but Is not a binding condition. Aye: 5 Nay: 0 E IsA VE'... RE . > . NMETi T i»> ` 1 tE :D 1 `j' Councilmember Hunter reminded the Council of the opening of the Burnsville Transit Station. Community Development Director Reichert indicated they were notified by Inver Grove Heights that there is a proposal for a mini-storage area adjacent to Captain Dodd Park, along with outdoor storage of trucks and other items. They are looking for the city's comments on this. They will be drafting a letter to Inver Grove Heights and asked whether there are any concerns the Council wants her to convey In the letter, such as screening, etc. Councilmember Hunter stated that he and others In that area would not like to see any type of intense use, including trucks or anything that makes noise. Mayor Egan questioned whether EAGAN CITY COUNCIL MINUTES; SEPTEMBER 5, 1995 PAGE 12 it Is consistent with Inver Grove Heights' Comprehensive Guide. He doesn't feel It is consistent with the adjacent development In Eagan. POND3 Community Development Director Reichert reviewed the status of the Unisys site. She noted it will be an item on the next work session. Councilmember Wachter indicated a concern about signage at gas stations such as E-Z Stop that has ten signs. He feels there needs to be better enforcement of sign code violations. Mayor Egan indicated he received an invitation from the Met Council to participate in a bus tour of the metropolitan area as well as a panel discussion. Councilmember Masin reviewed several committee meetings dealing with the relocation of the airport, and national highway funding. She feels the city should contact our legislators to try to keep local control of highway funding. She encouraged the public to come to the grand opening of the transit station on Saturday, September 16. She noted that the Council needs to take a position on whether the city is Interested In the formation of a coalition for a replacement transit system. She noted that the Met Council is again not paying MV TA bills, and is asking them to sign a new contract. Councilmember Hunter gave some suggestions to update the Open Issues list. Wachter moved, Egan seconded a motion to approve the checklist dated September 1, 1995 In the amount of $3,144,488.66. Aye: 5 Nay: 0 At 9:57 p.m., the Council adjourned to an executive session. DIp September 5, 1995 Date 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, (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, disability, age, marital status or status with regard to public assistance. 04. Table "A" Number of Signs Locatio-n Square Feet Surfaces 1. Highway 3 - 1.4 miles south of County Road 32 500 square feet 2 2. Highway 55 - junction with Highway 149 500 square feet 2 3. Highway 55 - east of Lexington 110 square feet 2 4. Highway 13 - between Cedar and Rahn 500 square feet 2 5. (deleted 6/20/95) 1,344squff 2 1-494 west of Highway 149 (added 6/20/95) 756 square feet 2 (588 s.£) 6. Highway 13 - between Cedar and County Road 30 250 square feet 1 7. MN 77 - north of Highway 13 (on railroad) 756 square feet 2 8. MN 77 - between County Roads 30 and 32 756 square feet 2 9. MN 77 - north of Highway 13 756 square feet .2 10. I-35E - north of Lone Oak 756 square feet 2 11. 1- -2-61-R seeth of Difl4y (deleted 9/5/95) 600 squaFe feet 2 Soo Line right-of-way - south of I-494, west of Highway 55 (added 9/5/95) 480 square feet _ 1 (20 s.f.) (1) 12. Highway 149 - south of Yankee Doodle Road 165 square feet 3 13. 1-494 - west of Pilot Knob Road 756 square feet 2 14. 1-494 - junction of I-35E 756 square feet 2 14 8,3 square feet 29 7,797 , 27 NOTE: denotes banked REVISED 9/95