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08/02/1988 - City Council Regular • MINUTES OF REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA August 2, 1988 A regular meeting of the Eagan City Council was held on Tuesday, August 2 , 1988, at 6 :30 p.m. at the Eagan Municipal Center. Present were Mayor Vic Ellison and Councilmembers Wachter, Egan, Gustafson and McCrea. Also present were City Administrator Tom Hedges, Public Works Director Tom Colbert, City Planner Dale Runkle and City Attorney Jim Sheldon. Mayor Vic Ellison stated he was saddened to hear that Eldon Johnson' s daughter, Lana Johnson, was killed in a car accident on July 27 . He stated she was a very bright and energetic girl and he regretted her passing. AGENDA Wachter moved, Egan seconded, the motion to approve the agenda • as presented. All voted in favor. MINUTES July 19. 1988 - Regular Meeting. It was questioned if on page 17 the variance for Skunberg was actually continued. City Administrator Hedges stated it was continued. Upon motion by Egan, seconded by McCrea, it was resolved that the minutes for the July 19 , 1988, regular meeting be approved as presented. All voted in favor. May 26 . 1988 - Special Joint Meeting. Gustafson questioned if the phrase "standards must be issued to decrease the amount of apartments. " on page 1 was accurate. Mr. Hedges stated the sentence should be stricken. Upon motion by McCrea, seconded by Wachter, it was resolved that the minutes for the May 26 , 1988 special joint meeting be approved as amended. All voted in favor. June 20 . 1988 - Special Meeting. Upon motion by Egan, seconded by Gustafson, it was resolved that the minutes for the June 20, 1988 special meeting be approved as presented. All voted in favor. Page 2/CITY COUNCIL MEETING MINUTES _r .` • August 2 , 1988 TAX ABATEMENT — DAKOTA COUNTY ASSESSOR'S OFFICE City Administrator Tom Hedges stated the Dakota County Assessor ' s Office is recommending tax abatements for the Lorraine Goers, Donald Gehan, Donald Jeffreys and Bill Wernersbach properties. Councilmember McCrea asked if the four properties were a part of the previous assessment meeting which contained a large crowd. City Administrator Hedges stated they were probably new abatements; however, he would contact Bill Peterson, from the Dakota County Assessor ' s Office for a written synopsis of the County on results of that evening. There was no public comment. Gustafson moved, McCrea seconded, the motion to approve the tax abatements for the following properties : Lorraine Goers, Donald Gehan, Donald Jeffreys and Bill Wernersbach. All voted in favor. DNR 1988 DEER POPULATION CONTROL/SPECIAL HUNT City Administrator Tom Hedges stated that the City had received a request from the Minnesota Department of Natural Resources to participate in a deer population control program similar to previous years. The DNR is requesting a special shotgun hunt on two weekends (November 5 and 6 , 12 and 13 , 1988) , an archery hunt (November 14, 1988 through December 31, 1988) and sharp shooting (January, 1989 through March, 1989) . He stated Captain Geagan was unavailable at the meeting; however, Captain Geagan had submitted his report. He stated the Eagan Police Department recommended that the Council approve the Minnesota Department of Natural Resources' request. Councilmember Gustafson questioned the cost. He asked if Eagan participated in the cost. Mr. Hedges stated the City only participated last year in the deer survey. Mr. Gustafson stated he noted that the cost to the DNR last year was $28,000. He was concerned regarding the cost. Mr. Wachter stated he hoped that the local deer would not get killed. Councilmember Egan stated that the program may be expensive but that there had been many car accidents because of the deer population. He stated the City paid only $400.00 last year and that the deer population was near the DNR limits at the present time. Councilmember McCrea questioned the gun safety. Mr. Hedges stated that slugs were used and the deer blinds were limited. Councilmember Gustaf son stated that there was the requirement that • the hunters shoot down from a stand. Egan moved, Gustafson seconded, the motion to approve participation in the DNR deer reduction effort for all three Page 3/CITY COUNCIL MEETING MINUTES • August 2 , 1988 categories: archery hunt, special shotgun hunt and sharp shooting. All voted in favor. MINNESOTA RIVER VALLEY DEER MANAGEMENT TASK FORCE City Administrator Hedges stated that John Parker from the DNR was unable to attend the meeting. He further stated that the concept for a deer management task force was originated by the City of Burnsville. The Burnsville Council will not approve further deer hunts until the task force makes recommendations to their Council. The Burnsville City Council would like a task force to coordinate deer management programs among the various cities in the lower Minnesota River Valley and, in addition, address other intercity wildlife management issues such as Canada goose control and other types of wildlife. The DNR is requesting that the Cities of Burnsville, Eagan and Mendota Heights respond to this proposal. Mr. Hedges stated the request seemed appropriate. Egan moved, Gustafson seconded, the motion to approve endorsement of a Minnesota River Valley deer management task force according to guidelines prepared by the DNR. All voted in favor. PARK AND RIDE SITE TELEPHONE SERVICE (35E AND CLIFF ROAD) Public Works Director Tom Colbert stated MnDOT had recently awarded the contract to expand the existing park and ride facility located at Cliff Road and 35E. He stated that as a part of the parking lot expansion and landscape improvements, there could be the installation of a telephone station with the installation costs of approximately $1500 being assumed by MnDOT if the City would agree to pay the approximate $50 to $60 per month service fee. He stated the matter was previously discussed with the City Council in February, 1988 and the Council directed staff to determine if MnDOT or the MTC would assume the monthly service fee for the phone. He stated the MTC would not commit to the expenditure of any additional funding in the City. MnDOT had indicated they would only pay for the installation costs and not the monthly service costs. He further stated MnDOT offered to cover the installation costs only if it is performed under the present parking lot expansion and landscaping contract and only if the City would commit to the monthly service costs. Councilmember McCrea asked if the telephone company revenue would offset the costs. Mr. Colbert stated there was an insufficient amount to offset the costs. McCrea questioned the expansion of the site. Mr. Colbert stated it was the normal expansion for the site. Councilmember Wachter stated he felt the City should not pay the • monthly service fee. He stated he felt MnDOT should feel responsible for the costs as they installed the park and ride site. Mr. Egan stated he feels it is clearly a transportation issue and that MnDOT should provide the monthly service fee. Page 4/CITY COUNCIL MEETING MINUTES • August 2 , 1988 Egan moved, Gustaf son seconded, the motion to reject a commitment by the City of Eagan to assume the monthly service fees associated with the installation of a telephone station at the park and ride site at 35E and Cliff Road. All voted in favor. FIRE DEPARTMENT UPDATE Fire Chief Southorn updated the Council on the status of Station No. 4 . He stated it is proceeding slowly as there are many small items to finish. He stated the lines were being installed and that the delivery of the vehicles had been received. He further stated that the training is proceeding rapidly. He informed the Council that the second vehicle was going into service at Station 3 in the near future. Mr. Wachter asked if the roof had been installed on Station No. 5 . Chief Southorn stated the roof had been installed. City Administrator Hedges stated the City had received a letter from the Inver Grove Heights Fire Department and they commended the Eagan Fire Department for their quick response. Mr. Gustafson stated he had witnessed a fire last week and he felt the police and fire departments did an excellent job. Mr. Wachter stated he felt there was a slow response from the Park Department. Mr. Hedges stated he would look into the matter. CONSENT AGENDA The following consent agenda items were submitted and recommended to be approved: A. Personnel Items. 1 . Temporary Engineering Technician for Parks and Recreation Department. The Council was informed the City Administrator had authorized hiring John Rannon for a temporary engineering technician for the Parks and Recreation Department. The Council had previously approved the authorization. No action was required on this item. 2. Seasonal Parks Maintenance Worker. It was recommended to approve the hiring of Steven Erickson as a seasonal maintenance worker in the Parks Department. B. Plumbers' License. It was recommended to approve the following plumbers' licenses: • North Ridge Plumbing Company; Nuebel Plumbing and Heating; and Standard Plumbing and Appliance. C. Approve List of Election Judges for Primary Election. Page 5/CITY COUNCIL MEETING MINUTES August 2 , 1988 It was recommended to approve the list of election judges for the primary election scheduled for September 13 , 1988 as follows: PRIMARY ELECTION JUDGES SEPTEMBER 13 , 1988 DEMOCRATS REPUBLICANS INDEPENDENTS Leo Amundson Lois Agrimson Karen Flood Fran Bohn Judy Allen Suzanne Hoftman Cathy Brost Lynn Fieman Marilyn Holm Janice Merck Irene Kreidberg Cathy Caflisch Sharon Astelford Evelyn Cota Jenny Baker Marte Dehlar Terri Berkness Edith Drake Rena Blomberg James Driscoll Gloria Czycalla Jan Giefer Ellen Engquist Al Jarvi Emily Medin • Helen Jarvi Patti Benjamin Patricia Kaeder Karen Factor Mary Kellner Adrienne Fox Dorothy Lemay Mildred Hartelben Stella Lundquist Shawn Hunter Dorothy Peterson Marge Jacobs Donna Quinn Nancy Jarvi Pat Rask Tracy Jones Lorri Regan Avis Kriebel Carolvenia Richardson Lisa Laramee Emily Rodich Mary Jane LaRock Martie Ruzicka Phyllis Ligman Sharon Scholler Zella Mirick Joan Uselmann June Nelson Geraldine Knutson Sandra Nelson Eleanor Piepho Barbara Nuttall Judy Mundahl Sue Olson Doug Nicolay Lyle Severson Carolyn Thurston William Skar Pauline LeGendre Nancy Strom Orlean Garness Ruth Sydow Lorraine Rieger Arlene Sheldon Kay Dodge Laura Nichols Anna Lou Arneson Molly Eider Beatrice Cooper Martha Ann Guetzlaff Mildred J. Beck Marie DesLauriers • Duane Petrie Barb Edgerton Annette Heuer Carol Vihovde Marie Lane Doris Vogt Page 6/CITY COUNCIL MEETING MINUTES August 2 , 1988 Laurel Graves Nancy Hendren Marilyn McNurlin Aurelia Peterson Marilyn Porter Marilyn Legler Ruth Lilley PRIMARY ELECTION JUDGES SEPTEMBER 13 . 1988 TENTATIVE Muriel A. Baker Harold Peterson Ralph Barr Rebecca Peterson Jim Bartholomew Aurelia Poppler Nancy Bartosh Mary Quenette Nancy Benthke Caroll Ryan Bonita Berg Barb Schreiner Janet Billings Margaret Schreiner • Joan Bohlig Barbara Shields Ramona Broman Steve Skabart Eleanor Bruce Michele Skindelien Adeline Buehler Jamie Sloboden Kathy Buske Ken Sonday Brett Carlson Mary Sterns Sharon Carlson Anne Sullivan Kris Cordell Sharon Tenney Joy Droberg Mary Teske Claire Duren Kris Thayer Carmen Ellingson Lynn Thompson Darlene Formanack Marvel Thorne Marguerite Friegang Gerald Thrustin Joanne George Albert Tischler Robert Gralton Ruth Twomey Eleanor Grimmer Evelyn Uss Ethel Groff Orrin VanLoon IV Merlyn Handley Elinor Villelli Vivian Handley Tony Villelli Ilene Hazel Irene Wachtler Marion Herdes Fred Walker Scott Helgerson Helen Westenberg Stan Westenberg Julia Hornbostel Charlotte Wolfgram Geraldine Hrimnak Betty Woody • Dorothy Hughes James Yanta Vivan Jackson Jena Zempel Christine Johnson Roseann Zinn Elaine Jones Donald Lane VVj. Page 7/CITY COUNCIL MEETING MINUTES August 2 , 1988 Christine Kapsos Judy Peterson June Ketcham Rita Dandurand David Kl of saas Kay Kilehmainen Jan Kuehn Carolyn Larson Nancy Lee Pearl Lemieux Barbara Linert Laura Lundberg Brian Malloy Bob Manning Laura Marks Barbara McCauley Michele Mickelson Judith Miller Lorraine Mohelski Theresa Nelson Mark Olson Sharon Orth • D. Project 545 . Received Report/Order Public Hearing (Clearview Addition-Streets) . It was recommended to receive the feasibility report for Project 545 (Clearview Addition-Streets) and schedule a public hearing to be held on September 6 , 1988. E. Project 549. Receive Report/Order Public Hearing (Stratford Oaks - Sanitary and Storm Sewer) . It was recommended to receive the feasibility report for Project 549 (Stratford Oaks - sanitary and storm sewer) and schedule the public hearing to held on September 6 , 1988. F. project 550A, Contract 88-29. Receive Report/Approve Plan/Authorize Ad for Bids (Well No. 13) . It was recommended to receive the preliminary engineering report for 550A and approve the plans for Contract 88-29 (Well No. 13) and authorize the advertisement for a bid opening to be held at 10:30 a.m. , August 26 , 1988. G. project 493 . Receive Final Assessment Roll/Order Public Bearing (Greensboro 2nd Addition - Streets and Utilities) . • It was recommended to receive the final assessment roll for Project 493 (Greensboro 2nd Addition - streets and utilities) and schedule the public hearing to be held on September 6 , 1988. Page 8/CITY COUNCIL MEETING MINUTES • August 2 , 1988 H. Project 503 , Receive Final Assessment Roll/Order Public Hearing (Windtree 8th Addition - Streeter and Utilities) . It was recommended to receive the final assessment roll for Project 503 (Windtree 8th Addition - streets and utilities) and schedule the public hearing to be held on September 6 , 1988. I. Approve Final Plat, Blackhawk Ponds Addition. City Administrator Hedges stated that Leo Murphy, owner of the farm adjacent to the property, suggested the renaming of Conklin Drive to Murphy Parkway before the final plat was filed. He stated a waiver would be necessary from the developer and the owner. He further stated there would be no problem obtaining the waiver. Councilmember Wachter stated he would approve the name of Murphy Parkway. Paul Thomas, Mentor Development, requested a public hearing regarding the name change as he was unhappy with the request. Councilmember Egan stated he felt that when Mr. Murphy develops his property that he would name a street after himself. Mr. Hedges stated the property was important to Mr. Murphy and that the new road would take much of his scenic land. He stated Mr. Murphy feels strongly about the renaming of the street. Mr. Egan stated he felt renaming the street would induce more cooperation. The developer stated that it had also given property and requested the Council' s consideration in the matter. Mayor Ellison stated his objection was noted by the Council. Wachter moved, McCrea seconded, the motion to rename Conklin Drive to Murphy Parkway in the Blackhawk Ponds Addition plat. All voted in favor. It was recommended to approve the final plat for the Blackhawk Ponds Addition and authorize the Mayor and City Clerk to execute all related documents. R 88.58 J. Project 4 86 , Receive Final Assessment Roll/Order Public Hearing (EZ Air Park - Storm Sewer) . It was recommended to receive the final assessment roll for Project 486 (EZ Air Park - storm sewer) and schedule the final assessment hearing to be held September 6 , 1988. 111 Page 9/CITY COUNCIL MEETING MINUTES • August 2 , 1988 R. Project 492 , Receive Final Assessment Roll/Order Public Bearing (Lone Oaks 2nd Addition - O' Neil Drive - Water and Sanitary Sewer) . It was recommended to receive the final assessment roll for Project 492 (Lone Oaks 2nd Addition - O'Neil Drive - water and sanitary sewer) and schedule the final assessment hearing to be held on September 6 , 1988. L. Project 502. Receive Final Assessment Roll/Order Public Hearing (R & B Addition - Storm Sewer Improvements) . It was recommended to receive the final assessment roll for Project 502 (R & B Addition) and schedule the final assessment hearing to be held September 6 , 1988. M. Project 505, Receive Final Assessment Roll/Order Public Bearing (Country Hollow Addition - Trunk Storm and Sanitary Sewer) . It was recommended to receive the final assessment roll for Project 505 (Country Hollow Addition - trunk storm and sanitary sewer) and schedule the final assessment hearing to be held September 6 , 1988. N. Project 460B, Receive Final Assessment Roll/Order Public Hearing (North Nicols Road - Street Improvements) . It was recommended to receive the final assessment roll for Project 460B (North Nicols Road - street improvements) and schedule the final assessment hearing to be held September 6 , 1988. 0. Project 499. Receive Final Assessment Roll/Order Public Hearing (Chapel Hill Baptist Church - Streets) . It was recommended to receive the final assessment roll for Project 499 (Chapel Hill Baptist Church - streets) and schedule the final assessment hearing to be held September 6 , 1988. P. Project 504, Receive Final Assessment Roll/Order Public Bearing (Whispering Woods 2nd Addition - Streets and Utilities) . It was recommended to receive the final assessment roll for Project 504 (Whispering Woods 2nd Addition - streets and utilities) and schedule the final assessment hearing to be held September 6 , 1988. i Page 10/CITY COUNCIL MEETING MINUTES • August 2 , 1988 Q. Traffic Signal Maintenance Agreement No. 88-09 With Dakota County (Target Entrance) . Councilmember Gustafson questioned if the wording should read approved or continued. City Attorney Sheldon stated the wording should read approved. It was recommended to approve the Traffic Signal Maintenance Agreement No. 88-09 with Dakota County (Target Entrance) . R. Contract 88-24. Approve Plan/Authorize Advertisement for Bids (Lexington Reservoir) . Public Works Director Tom Colbert stated the structural design of the reservoir to be constructed near the intersection of Lexington Avenue and Diffley Road had been completed by the firm of Orr-Schelen-Mayeron Associates and was presented to the Council for their review, approval and authorization to advertise for competitive bid solicitation. He stated the construction of the reservoir was being divided into three contracts: structural tank design and construction; architectural super structure and landscaping; and distribution/transmission water means. He state the City Attorney' s Office was assisting the Public Works and Parks Department in pursuing title to the property from HUD. The contract documents are written to allow sixty days between the bid opening and the contract awarding. Councilmember Wachter asked which plan was being requested for approval. Mr. Colbert stated it was the structural cylinder for the reservoir they were requesting approval on. Councilmember McCrea questioned if the design was premature as the property is currently being re-zoned and the Soderholm property is up for grabs. She questioned if it was re-zoned Limited Business if it would still be appropriate for a park. Councilmember Wachter stated that it was the current proposal. It was recommended to approve the plans for Contract 88-24 (Lexington Reservoir) and authorize the advertisement for a bid opening to be held at 10:30 a.m. , on August 31, 1988. S. Project 542. Receive Report/Order Public Hearing (Alden Pond - Streets and Utilities) . It was recommended to receive the feasibility report for Project 542 (Alden Pond - streets and utilities) and order a public hearing to be held on September 6 , 1988. 4 Page 11/CITY COUNCIL MEETING MINUTES • August 2 , 1988 T. Contract 85-26 , Authorize Final Payment/Acceptance (Well Nos. 8 and 9) . It was recommended to authorize the 19th and final payment to Bergerson-Caswell, Inc. , in the amount of $17 ,189 .50 for Contract 85-26 (Well Nos. 8 and 9) and authorize the acceptance for perpetual maintenance subject to contractual warranty provisions. U. Receive Petition/Order Public Hearing (Lot 8 . Hilltop of Eagan Addition) . It was recommended to receive the petition to vacate drainage and utility easements over Lot 8, Hilltop of Eagan Addition, and order the public hearing to be held on September 6 , 1988. Egan moved, Wachter seconded, the motion to approve the foregoing consent agenda items and authorize their implementation. All voted in favor. PROJECT 541/TRUNK SANITARY AND STORM SEWER EXTENSIONS/COUNTRY HOLLOW 2ND ADDITION Mayor Ellison opened the public hearing regarding project 541 , Country Hollow 2nd Addition - trunk utilities. Public Works Director Tom Colbert stated that on July 5 , 1988 the Council received the feasibility report for the project and a public hearing was scheduled for tonight' s meeting. He further stated all notices had been published in the legal newspaper and sent to all potentially affected property owners informing them of the public hearing. Mark Hanson explained the feasibility report to the Council. He stated the total estimated cost of the project would be $74,310.00 . He further stated the estimated project deficit is $2 ,835 .00 which would be the responsibility of the trunk sanitary sewer and storm sewer fund. There was no public comment. Councilmember Wachter asked if the project would be completed by October 31 , 1988. Mr. Hanson stated it would depend upon whether the developer proceeded right away. McCrea moved, Egan seconded, the motion to close the public hearing and approve Project 541 (Country Hollow 2nd Addition - trunk storm and sanitary sewer extensions) and authorize the preparation of detailed plans and specifications. All voted in favor. PARTIAL VACATION/CEDARVALE BOULEVARD Egan moved, Wachter seconded, the motion to continue the matter until the August 16 , 1988 City Council meeting. All voted in favor. 47 F Page 12/CITY COUNCIL MEETING MINUTES August 2 , 1988 COMPREHENSIVE GUIDE PLAN AMENDMENT AND RE—ZONING/LEXINGTON LAND COMPANY Wachter moved, Gustafson seconded, the motion to continue the matter until the August 16 , 1988 City Council meeting. All voted in favor. VARIANCES, PARKING LOT EXPANSION, CEDARVALE SHOPPING CENTER Wachter moved, McCrea seconded, the motion to continue the matter until the August 16, 1988 City Council meeting. All voted in favor. VARIANCE, BRIAN SKUNBERG City Administrator Tom Hedges stated that at the July 19 , 1988 City Council meeting a variance application was considered for Brian Skunberg for property located at 4739 Ridgewind Trail. He stated Mr. Skunberg had requested a six foot variance to the required 15 toot rear yard setback for the purpose of completing an accessory building. He further stated neighbors adjacent to Mr. Skunberg expressed a concern about the structural reliability of a retaining wall that is located adjacent to and provides support for the proposed storage building. Mr. Skunberg and his neighbors were advised to consult a landscape architect to perform an analysis so there would be assurances to the neighbors that the wall is safe and would not impact their property. Mr. Hedges stated a letter had been received from the design engineer who endorsed the structure. He stated copies of the letter would be provided to the neighbors. (Copy of letter attached to these minutes as Exhibit A.) Larry Stark, 4738 Westwind, examined a copy of the letter from the landscape architect and stated that if the structure was certified sound, the neighbors felt satisfied in the variance being approved. Egan moved, Wachter seconded, the motion to approve a four foot variance to the rear yard setback for Brian Skunberg at Lot 4, Block 3 , Park Ridge 2nd Addition. All voted in favor. RECONSIDER CONDITION OF PRELIMINARY PLAT APPROVAL/HOSFORD ADDITION Public Works Director Tom Colbert stated that at the April 19, 1988, the City Council approved the preliminary plat for the Hosford Addition. The approval was contingent upon a list of conditions which were to be fulfilled prior to or concurrent with the final plat processing. Mrs. Hosford had requested reconsideration of the requirement of condition number 1 regarding additional assessment obligations. Page 13/CITY COUNCIL MEETING MINUTES nev 1 • August 2 , 1988 Mr. Colbert stated that during the processing of the final plat application, a detailed review was performed of City policies and it was determined that of the estimated $15,243 .00 of additional financial obligation, only the storm sewer trunk for the estimated 133 ,230 square feet would be required with the proposed subdivision. It was explained to Mr. Hosford and his attorney that the additional trunk area storm sewer obligation was not a special assessment associated with Project 473 but rather a condition of final plat approval with an option to have the obligation spread as a special assessment subject to the execution of a waiver of hearing. The condition is consistent with the City' s policy that while only portions of existing homesteaded large lots are assessed under trunk improvements, subsequent subdivision of that property requires additional contribution to help finance the trunk utility fund necessary to provide the ability for the development to subdivide to a higher intensity. The attorney for the developer stated that the assessment in 1987 caused the development of his property. He stated that Mr. Sturm had informed the developer the cost would be $90 to $95 per foot and that later Mr. Runkle had informed him the cost would the $95 per foot. The final assessment was split $3,300.00 each for the developer • and his neighbor with an additional $7 ,000 .00 to the developer. The developer is requesting reduction of the $7,000.00 assessment. A handout was presented to the Council by the attorney for the Council ' s consideration. (Copy of handout attached to the minutes as Exhibit B. ) The attorney updated the Council on the property, drainage, topography, etc. The developer' s attorney stated that the greatest percentage of the water drainage is not draining from the developer's property. He stated the system had not been increased significantly because of the developer's property. He informed the Council the developer felt the $3 ,300 .00 assessment was sufficient. Mayor Ellison asked if the Hosfords were paying more than any other developer. Mr. Colbert informed Mayor Ellison that the Hosfords were not paying more than other developers. Mayor Ellison asked why the matter was not going through special assessments. Mr. Colbert stated they were not special assessments but a part of the plat approval. Councilmember Egan stated the water draining from the developer's property may be draining into other drainage systems. He stated the general policy is to assess into the major system. Mr. Colbert agreed with Mr. Egan and stated that a majority of the water stays within bounds of the property. He further stated this is a • standard condition. He stated the original letter regarding Project 473 was in error and that a second letter had been sent as a follow-up showing the correction. Mr. Colbert stated the costs are emr Page 14/CITY COUNCIL MEETING MINUTES ' • August 2 , 1988 spread as an assessment to spread the up-front costs. He further stated it is really not an assessment but a condition of plat approval . Mayor Ellison asked if this would be a dangerous precedent. Mr. Colbert stated it is always a danger ; however, the property in question is very unique. City Attorney Sheldon stated it could set a precedent and that the topography is irrelevant to the charge. He stated a variance would state the Council would examine every piece for run-off. Mr. Wachter stated the Council had acted in a similar manner regarding Nicol Roads. He stated it too was unique. He stated the matter has some merit. Councilmember McCrea requested the matter be further researched before a vote by the Council. Councilmember Egan stated that Mr. Colbert' s argument was receiving more weight that Attorney Sheldon' s. He stated he was in agreement with Mr. Sheldon' s interpretation. Councilmember Gustafson stated he was unsure of the basis for the charge and questioned if it was per acre or for benefit. Mr. Colbert stated it was not a benefit charge, it was a condition of the subdivision. Mayor Ellison stated he agrees with Mr. Sheldon' s interpretation. McCrea moved, Egan seconded, the motion to reaffirm Condition No. 1 for the proposed Hosford Addition. Gustafson, Ellison, Egan and McCrea voted in favor ; Wachter voted against. CORRECTION/LAND SURVEYOR'S CERTIFICATE/BRIDLE RIDGE 1ST ADDITION City Administrator Tom Hedges stated that James R. Hill, Inc. , land surveyors, requested on behalf of the Sienna Corporation a land surveyor' s certificate of correction for the Bridle Ridge 1st Addition. He stated there are certain errors, omissions, and defects in various property descriptions. The Director of Public Works/Engineering Division had reviewed the certificate and finds the correction to be in order for Council approval. Gustafson moved, Wachter seconded, the motion to approve the correction for a land surveyor's certificate for Bridle Ridge 1st Addition. A11 voted in favor. SPECIAL PERMIT/TEMPORARY ADVERTISING SIGN/BOULDER RIDGE City Administrator Hedges stated the Planning Department had received a request for a special permit for a temporary advertising sign from New Horizon Homes which requested that a sign (4 feet by 4 Page 15/CITY COUNCIL MEETING MINUTES • August 2 , 1988 feet with an approximate height of 7 feet) , be allowed at the southeast corner of Thomas Lake Road and Cliff Road. City Planner Dale Runkle stated that if the special permit were approved, staff recommended the following conditions : 1. A one-time fee of $2.50 per square foot shall be paid. 2 . All other applicable City ordinance shall be adhered to. Mayor Ellison asked if there was a limitation as to when the sign would be removed. Mr. Runkle stated the sign would be removed after November. Councilmember McCrea asked why there was a sign fee in this particular instance. Mr. Runkle stated the sign fee is charged irregardless of the size of the sign. Egan moved, Wachter seconded, the motion to approve the special permit for New Horizon Homes to allow a temporary advertising sign for Boulder Ridge, located at Cliff and Thomas Lake Roads subject to . the following conditions: 1. A one-time fee of $2.50 per square foot shall be paid. 2. All other applicable City ordinance shall be adhered to. All voted in favor. VARIANCE/56 FOOT RADIO TOWER INSIDE YARD City Administrator Tom Hedges stated the Planning Department had received an application from Tim Payne to allow a 56 ' radio tower in the side yard located at Lot 6, Block 2, Brittany 5th Addition. He stated notices were sent to all neighboring property within 200 feet of Mr. Payne' s property. He further stated a letter was received from Carl Tollef son regarding opposition to the radio tower, stating he felt there was an inconsistency with the covenants and other reasons. City Planner Dale Runkle stated Mr. Payne is a licensed amateur radio operator and would like to place a 56 foot radio tower antenna next to his house in the side yard. There are 30 to 35 foot trees screening the side yard beginning at the house setback line, and approximately 50 foot trees in the side yard near the rear of the house. He stated the majority of the rear yard is heavily wooded and the slope is too steep to construct the tower on. Mr. Runkle felt the applicant had selected the most feasible and well-screened site on his lot to locate the antenna. He further stated the placement of the tower/antenna would not impose on the drainage and utility easement. He stated he felt if the variance was approved, there should be conditions regarding the antenna's design being unclimbable for the Page 16/CITY COUNCIL MEETING MINUTES August 2 , 1988 first eight feet or completely surrounded by fence. He further stated there should be no lights or flashers permitted and that the tower should be removed if ownership of the property changes. Mr. Payne stated the graphics are self-explanatory and that the wooded lot requires the height. He stated he felt the location would preserve the neighborhood asthetics. Councilmember McCrea questioned if there would be retail or commercial use. Mr. Payne stated there would be no retail or commercial use. Mr. Hedges suggested that the applicant should assure that there will be no interference with the neighbors' reception. Mr. Payne stated it was a prime consideration of his and that he had worked with the neighbors. To date, he had received no complaints. The height would reduce the interference. Mayor Ellison questioned if the current zoning would be adequate. Mr. Payne stated the trees were too high which required the variance. • Jan Kummer, 1597 Sherwood Way, stated her deck would look directly into the tower and when the trees defoliated, she would be able to see the tower. She further stated she has her TV antenna in the garage. She is opposed, as are other neighbors, to the variance. Dave Keller, 1640 Sherwood Way, stated he felt the antenna was too tall. He further stated he felt the Brittany covenants may restrict the antenna. He felt there would be no hardship on Mr. Payne and he opposed the proposal. John Wilkins, 4876 Knottingham, stated he felt the antenna would be ugly. He further stated he felt it would affect the homeowners' values of their property and he was concerned regarding possible danger to children who may attempt to climb the antenna. Councilmember Egan stated the Council should not violate the private covenants. He asked what would happen if the tower fell. Mr. Colbert stated the tower was 15 feet from adjoining property. Mr. Egan stated there was no hardship and was also concerned regarding the safety issues. Councilmember Gustafson questioned if the applicant could construct a 37 .5 foot tower. Mr. Runkle stated it was possible. Mr. Gustafson stated he felt that if the Council denied the variance, the applicant could construct a 37 .5 foot tower anywhere on his lot. He stated it could be the lesser of two evils. Councilmember Egan stated that if he should construct a 37 .5 foot tower, that the homeowners' would enforce the private covenants and that the City would not be involved. Page 17/CITY COUNCIL MEETING MINUTES August 2 , 1988 Councilmember McCrea reminded the Council of Mr. Tollefson' s letter requesting the denial. Egan moved, Wachter seconded, the motion to deny a variance for Tim Payne to allow the 56 foot radio tower in the side yard located at Lot 6 , Block 2, Brittany 5th Addition. All voted in favor. City Administrator Tom Hedges stated a building permit would be required for a 37.5 foot tower, which would mean the City would have a voice in its construction. WAIVER OF PLAT/LOTS 2 & 9, BLOCK 1, CINNAMON RIDGE TRAIL City Administrator Tom Hedges stated an application had been received by the City from Zachman Brothers Construction Company, Inc. for a Waiver of Plat for Lots 2 & 9, Block 1, of Cinnamon Ridge Trail. The purpose of the Waiver of Plat would be to allow individual ownership. Gustafson moved, Wachter seconded, the motion to approve the Waiver of Plat for Lots 2 & 9, Block 1, Cinnamon Ridge. All voted in favor. R-88.59 DNR/1988 DEER POPULATION/JOHN PARKER Mayor Ellison stated that Mr. Parker was now present at the meeting. Mr. Parker thanked the Council for approval of his request and for their help in the deer survey last year. He stated progress was being made. Councilmember Gustafson asked Mr. Parker if he had a car-kill count. Mr. Parker stated it was 2 ,500 plus. Mr. Gustafson stated those were staggering statistics. RE-ZONING AND PRELIMINARY PLAT/GALAXIE CLIFF PLAZA City Administrator Tom Hedges stated a public hearing was held by the Advisory Planning Commission on July 26 , 1988 to consider a Comprehensive Guide Plan amendment, re-zoning and a preliminary plat entitled Galaxie Cliff Addition as requested by the Cliff Plaza Partnership. The APC recommended denial of the Comprehensive Guide Plan amendment and re-zoning. City Planner Dale Runkle stated that earlier this year a plan was submitted to the City requesting a preliminary plat and re-zoning to a planned development district for the Galaxie Cliff Plaza Addition. After an initial concept review by the APC and neighborhood meetings, a revised submission taking into account the neighborhoods' concerns had been prepared for formal APC action. Page 18/CITY COUNCIL MEETING MINUTES • August 2 , 1988 Mr. Runkle stated the area was a Limited Business are in the Comprehensive Guide Plan. He stated the applicant would purchase the triangular Astleford Roadside Business zoned parcel if the planned development zoning was approved. That parcel would then be platted along with the overall plan. The total development ( including the Astleford parcel) would contain 161 ,439 square footage. The building sizes could not be increased from this amount without approval by the City Council. He stated approximately 850 parking stalls are required by Code and would be provided. Robert Close, landscape architect for the developer, presented the proposal to the Council. He informed the Council on the following matters: location of site; surrounding area; topography; access points ; environmental concerns; noise and wind buffering from southern neighborhood; road alignments - internal circulation road; building zones; designing to save oaks; conceptual plan outlining the plantings; the rationale for the design; reduced night activity for bordering neighborhood; buffering and screening intensity in the parking and building area. Robert Vanney, architect, reviewed with the Council the preliminary plat and the site plan. He described the Merrill Lynch office building and also the parking and the location of the building. He stated it would have a classic and distinct look. Brad Swenson reviewed with the Council the history of the development. He stated he first appeared before the Planning Commission in 1987 and all original objections had been fulfilled. In April, 1988, he submitted the application and the Roadside Business was the concern at that time. He stated at that time he agreed to purchase the property and shift to the corner of Cliff and Galaxie. Staff felt it made sense. Mr. Swenson stated that the plan presented at this meeting was an excellent design. He stated he appeared two more times before the Planning Commission and held three neighborhood meetings, together with numerous other meetings regarding the project. Mr. Runkle stated the matter had been denied approval by the APC because of the following concerns: land use; access points; buffering; less intense development; overall PD; and retail area in the north corner. He stated five of the six concerns were addressed in the plan. Mr. Swenson stated the Planning Commission denied his request because of the following four reasons : • 1. Traffic - Mr. Swenson stated Galaxie Avenue can handle the potential traffic according to the City staff. He stated the peak demand was within its limits and that the Limited Business could increase the peak demands. He stated the complementary uses improved Page 19/CITY COUNCIL MEETING MINUTES • August 2 , 1988 demands and that the intersection will be a P roblem regardless of his project. 2 . Noise - Mr. Vanney stated that vegetation does not abate noise, that mass abates the noise. He stated the site is higher than the highway. 3 . Comprehensive Guide Plan - Mr. Swenson stated the plan is compatible. 4 . Fire Station - Mr. Swenson stated he had met with the Chief and with Mr. Hedges and noted that the site provided secondary access. He stated that the Chief had stated that morning that he felt there would not be a problem. Mr. Swenson stated he was willing to drop the RB zoning on the corner and go to strict Limited Business zoning. He stated, however, it would then develop as Roadside Business on the corner and that he was willing to work with the Council on the question. However, the office uses must be in by next June. He stated it makes sense to open to planned development on Limited Business on the entire site. • William Soules, developer in conjunction with Brad Swenson, asked what the City' s legal position was regarding this matter. Mr. Sheldon stated his property was listed in the Comprehensive Guide Plan since 1972 as Limited Business and he affirmed this through 1987 . Mr. Sheldon stated the guide plan states in regard to Limited Business - "least intense commercial use offices, clinics, etc. . . • ". He stated Cliff and 35E is specifically mentioned. He further stated Minnesota state law requires following the Comprehensive Guide Plan. He stated based on Eagan' s previous legal experience, it needs specific reasons to deny and should not be arbitrary. Ellen Hanson, 4900 Safari Pass, stated she had sent a letter to the City Attorney regarding a conflict of interest regarding Councilmember McCrea. She stated McCrea had listed the property. She stated Mr. Swenson had informed her that Councilmember McCrea had reviewed the earnest money contract for the subject property. She further stated that Councilmember Gustafson and Mayor Ellison had received campaign contributions from the developer. She questioned if this was a conflict of interest. City Attorney Sheldon stated political contributions are made at every level of government and stated to suggest it buys a vote is foolhardy and irresponsible. Sheldon stated that based on the Lenz • case and the ETC case, that there is no direct financial interest and no conflict of interest. • Page 20/CITY COUNCIL MEETING MINUTES August 2 , 1988 Councilmember McCrea stated that she was the real estate person on the site and that she listed the site only. She stated she abstained on the Planning Commission and when she was on the City Council, she released the listings. She stated she also lives in Safari and grew up next to Mr. Soules. She urged confidence in her ability to decide objectively as a councilmember. She has no financial interest in the matter. Harley Hansen, 1848 Narvik Court, stated his real concern was that he did not want the pond behind his house. He was concerned regarding a washout on the City easement. He has access, increased traffic and health club concerns regarding the project. Mayor Ellison asked if there was a pipe into the pond under Galaxie. Mr. Colbert described the storm sewer to the Council. Greg Maloney, 4713 Westwind Trail, asked Mr. Sheldon if the City has authority to remove the Roadside Business zoning. Mr. Sheldon stated the zoning was reasonable and that the City had no basis to change the zoning. Mr. Maloney stated that when the City down-zoned, it should change the Comprehensive Guide Plan. He reminded the Mayor of his campaign promises and stated he was sick of attending meetings. Mayor Ellison asked if the area was down-zoned. Mr. Runkle stated that the area was down-zoned at the request of the developer. Mr. Wachter stated the RB was re-zoned because of the freeway. Larry Stark, 4738 Westwind, stated he felt the developer had not provided answers to the traffic concerns. He suggested a road study should be conducted. He questioned how many parking spaces would be available. He further stated he had concerns regarding the children' s safety and the fire station questions. Mayor Ellison requested answers regarding: 1. Light size - Mr. Vanney stated the poles would be 20 to 25 feet high. 2 . Transportation - Mr. Colbert stated there would be some capacity problems with the Cliff corridor and that the City would study ways to solve the problems. He stated no specific site analysis had yet been done. 3 . Parking - Mr. Runkle stated 850 parking stalls were required and that the developer was proposing 900 to 920. 4 . Fire safety - Mr. Hedges stated the Limited Business zoning was considered during the planning of the station. Councilmember Gustafson stated the concern was getting the volunteers to the station, not necessarily the trucks out to the fire. He stated the IrTir f7-) • Page 21/CITY COUNCIL MEETING MINUTES August 2 , 1988 volunteers would not come from north of Cliff. He feels this is a future concern when the traffic grows in the area. Mr. Hedges stated the City has experience in addressing semaphore problems and that the matter had been taken into consideration. Mary Winchester, 1830 Karis Way, stated she was representing her neighborhood. She feels it is not a compromise plan and requested R3 zoning. She stated there are buffer problems and dislikes the health club. She stated the internal road was not a compromise. She questioned Mr. Swenson on the RB zoning. Mr. Swenson stated the RB zoning would remain; that it was not in his control. Ms. Winchester further stated she had concerns regarding the traffic increase, litter increase, and what would be done with the Galaxie intersection. She further informed the Council that the Planning Commission unanimously rejected the proposal. She reminded the Mayor of his platform during his campaign. She requested the residents' interest be protected and felt there were indefinite plans by the developer. She requested that 35E be the buffer for the neighborhood. Mike Fabry, 4916 Safari Court, commended the Planning Commission on their decision. He explained his rationale for moving to the City of Eagan and stated he wanted a safe, healthy environment. He stated the proposed development would adversely impact the neighborhood and that future developments would be a problem. He further stated there was no need for this development. He felt there was a lack of concrete statements by the developer and was angered by the developer' s threat of a motel . Fritz Ferris, 4924 Safari Court, stated the Comprehensive Guide Plan should be changed. He feels it is out of sync with the surrounding area and urged rejection. He asked the Council to listen to the Planning Commission and the audience. He too had concerns regarding the traffic, home values, fire safety, noise and the McCrea conflict. He questioned the Council' s loyalties. Councilmember Gustaf son asked City Attorney Sheldon if land that was zoned agriculture-guided LB, could not be changed to anything but Limited Business. Mr. Sheldon stated the City could buy-down the property. Mr. Gustafson stated that was not an option. Mr. Sheldon stated the City could do it but there are consequences. In his opinion, the City would be buying property from the developer. Maria Mehan, 4731 Westwind, asked if it could be changed if it were reasonable. Councilmember Gustafson stated the City would risk a lawsuit and that in all probability, the City would lose. He asked would the residents foot the bill. Ms. Mehan stated that Mr. • Gustafson' s question was unfair and urged other uses and more planning. Page 22/CITY COUNCIL MEETING MINUTES August 2 , 1988 Derk Shanks, 1925 Berkshire, informed the Council he had not heard of the neighborhood meetings. He felt the buffer was inadequate and the health clubs would be too busy. Greg Maloney asked the Council if it had ever down-zoned with financial repercussions. Mr. Sheldon stated yes and it was a landmark case in Eagan. Dave Fairchild, 1852 Narvik Court, stated he felt there was a lack of information from the developers. He stated studies needed to be conducted regarding the traffic concerns and he urged re-zoning. Barbara Ferris, 2943 Safari Court South, urged a park or senior citizen highrise be built in the area instead of the proposed development. Councilmember Gustafson stated the City has a senior citizen' s committee but that seniors also needed mobility to shopping areas. Chris Manat, 4752 Flora Drive, stated he felt the health club would generate too much traffic and that he wants to leave Eagan. • Mayor Ellison asked if Galaxie would need to be widened. Mr. Colbert stated it is not anticipated. Kim Johnson, 1834 Karis Way, stated she felt there was too much commercial development and had concerns regarding the traffic. John Hickston, 1907 Covington Lane, urged rejection of the proposal. John Allners, 4715 Westwind, urged rejection of the project. Terry Stepke, 1965 Safari Trail, stated the developer had said there was too much traffic for building houses. Mr. Swenson stated there are no houses by the freeway. Jim Cohn, 4732 Ridgewind Trail, stated he felt the Comprehensive Guide Plan should be revised and that the property should be zoned residential. Katherine Schotz, 4963 Safari Circle, stated she was concerned regarding the traffic and that the City should explore new access roads. Mike Maher, 4731 Westwind, stated he had concerns regarding the traffic, access, noise and the indefinite plans. Gary Chandler, 4745 Nordic, reiterated the previous concerns and urged rejection. Page 23/CITY COUNCIL MEETING MINUTEST August 2 , 1988 Carma Klein, was opposed to the RB zoning on the corner and requested a guarantee from the developer to prevent the RB zoning. Glen Renick, 4735 Westwind, stated he felt there was poor access to the property and that there would be a traffic problem. He asked what LB zoning was. City Administrator Hedges read the description of the LB zoning from the Code book. A question was raised by the audience whether health clubs were listed in the LB zoning. Mr. Hedges stated the City was unsure at this time what "health center" means in the LB context. Mr. Sheldon stated the issue had not been firmly researched. Jim Sinsbrass, 1926 Safari, stated he felt the compatibility is poor. He asked for an explanation of the previous down-zoning. Mayor Ellison stated the down-zoning was voluntary but that in this case, it was not. He also explained the price of buying the property. Mr. Gustafson stated the previous case ruled against Eagan and that the developer has legal rights. Mr. Hedges stated the Thomas Lake Shopping Centre was another example. Councilmember Egan asked Mr. Colbert how far the access was from Cliff. Mr. Colbert stated between 420 and 440 feet. Mr. Egan asked if this was within guidelines. Mr. Colbert stated it was within guidelines. Mr. Egan asked Mr. Runkle if he was correct that there was no provision for Class B restaurant in LB zoning. Mr. Runkle stated he was correct. Mr. Egan asked if there was a distinction between Class I and Class II. Mr. Runkle stated there was a difference and that it was in the Code. Mr. Egan stated he felt that U. S. Swim & Fitness did not seem to fit the LB district. He felt there was a lot of rhetoric on both sides of the issue and that the issue was overstated by both sides. He feels that before any change to the Comprehensive Guide Plan, there must be a rationale basis to do so. He stated the City can review the initial comprehensive designation or a change in the circumstances. He stated the law respects the Council ' s decision of rationale and that the original Comprehensive Guide was before 35E. He stated changes have occurred which necessitated the down-zoning of the neighboring land. He suggested there must be changes of circumstances in order to support a Comprehensive Guide Plan change. He stated the developer' s current plan is contrary to LB. He suggested the developer come in with a genuine compromise. Mayor Ellison questioned Mr. Colbert regarding the assessments for road improvements. He believes that Cliff Road would need to be widened. He asked if neighbors would be assessed. Mr. Colbert stated it was not a possibility at the present time and that it would impact on the commercial. Page 24/CITY COUNCIL MEETING MINUTES fiN 9 August 2 , 1988 Mayor Ellison asked how the traffic plan would show uses of this intersection. Mr. Colbert stated it would show a range of traffic for the area. Councilmember McCrea asked if Apple Valley had been factored in. Mr. Colbert stated Apple Valley, Inver Grove Heights, Eagan and Dakota County were all included. Mayor Ellison asked Mr. Runkle what the current status was regarding the Astleford property. Mr. Runkle stated it is presently zoned Roadside Business. Mayor Ellison asked if the City could prevent a motel. Mr. Runkle stated the City can only review the plat and the site plan. Mr. Gustafson stated a hotel is possible as it is a part of the big picture. Mayor Ellison stated that frustration is shared by all Councilmembers and that he did not want Roadside Business on the corner. He stated the developer does have property rights and that he did not want to pay penalties. He feels that it is too late for a 35E buffer. He further stated that the Planning Commission is strictly an advisory board. He stated Eagan must assure quality growth, not resist growth. He further stated the ordinances are being improved and that the property owners do have rights, however, the rules can . not be changed in mid-stream. He urged rejection of the proposal at this time because of non-LB uses. He suggested returning the matter to the Planning Commission to review possible uses that fit within the Comprehensive Guide Plan. He further suggested the Council should wait to review the transportation study. Councilmember McCrea asked if the City had requested the RB move. Mr. Colbert stated the Council had made the request. McCrea stated the Council should clearly specify their areas of concern if the matter were turned back to the Planning Commission. She stated Astleford would not go away and the best location should be determined. Councilmember Wachter favors the public statements. He stated the impact of Cub and Target is unknown at this time and that they could have a very large impact. He foresaw these problems 20 years ago. He opposes the RB zoning and the U. S. Swim & Fitness Club and therefore, recommended sending the matter back to the APC. Councilmember Egan stated the current lawsuits are because of the rapid growth and activity in Eagan. He asked how close the 120 day requirement was. Mr. Sheldon stated the 120 days were coming close and he assumed the developer would request an extension. Mr. Egan stated he felt a denial was in order. He feels the matter is similar to Amcor in only a few respects. He feels the case • is good law but based on poor facts, and the City should go back and get a pure LB zoning. He restated the buffer compromise. • Page 25/CITY COUNCIL MEETING MINUTES August 2 , 1988 Brad Swenson stated that Merrill Lynch needed assurances by May of 1989. He further stated that they own one-half of the property and that Mr. Soules would need to address the residual that he owns. Mr. Soules stated he considered residential but was concerned because of the high density and that LB zoning would have less impact than the high density residential. He questioned what was meant by residential buffer. He further stated the City controls the LB issue. Mayor Ellison stated the City needed an indication of the developer' s intention. Mr. Swenson stated the neighbors are changing their tune. Mr. Soules stated he would check further into the matter and would allow a continuation for further consideration. Mr. Swenson asked if the Council could specify a time frame. Mr. Wachter asked how much time the developer requested. Mr. Swenson stated they would work with the staff. Councilmember Egan asked Colbert how far the access road onto Cliff was from the Cliff intersection. Colbert responded 420 to 440 feet. Egan then asked if this was a distance that fell within the guidelines. Colbert responded yes. Egan asked Dale Runkle if it was true that there was no provision for a Class B restaurant within the • Limited Business limitations. Runkle responded that that was correct. Egan asked if there was a distinction between Class 1 and Class 2 restaurants. Runkle responded yes and that it was describe din the Code. Egan stated U. S. Swim & Fitness doesn' t seem to fit the Limited Business zoning requirement. He further stated that there was much rhetoric on both sides of the issue and that the issue may be overstated by both sides. He explained that before the comprehensive guide could be changed, the Council must have a rational basis. The City can review the initial comprehensive guide designation if there are changes in circumstances. He further stated that the courts would respect the Council's decision if it was rational. Egan then described the different circumstances and changes that had occurred since the original comprehensive guide designation for the area. First of all, it was comprehensive guided before 35E went through. Also, the neighboring land had been down-zoned. Egan suggested the changes of circumstances may support a comprehensive guide change. He further stated that the developer's current plan is contrary to Limited Business and suggested that the developer come in with a genuine compromise. Egan stated that one compromise position would be that anything east of the circulation drive be Residential and Limited Business would be located to the west of the circulation drive. Egan moved, Ellison seconded, the motion to continue the Comprehensive Guide Plan amendment and re-zoning from agricultural to • a planned development district for the Galaxie Cliff Plaza, based on the consent by the developer for a continuation beyond the 120 day period. Requirements: Assuming that there will be zoning of Limited Business west and north of the proposed circulation drive and no 0042 • Page 26/CITY COUNCIL MEETING MINUTES August 2 , 1988 zoning higher than Limited Business south and east of the circulation drive. All voted in favor. CONDITIONAL USE PERMIT/YOCUM OIL COMPANY City Administrator Tom Hedges stated a public hearing was held by the Advisory Planning Commission at their July 26 , 1988 regular meeting to consider a conditional use permit to allow an automobile service station/car wash facility with a pylon sign located at the northeast intersection of Cliff Road and Thomas Lake Drive in the Thomas Lake Shopping Centre complex as presented by Yocum Oil Company. The APC recommended approval. City Planner Dale Runkle stated that in June, 1986 , the Council approved three pylon signs for the shopping center with the understanding that there be no further pylon signs without Council approval. The proposal requested a free-standing pylon sign at the street intersection, as well as signage on the gas pump canopy. The pylon has 80 square feet of signage area with an undesignated height. The maximum allowed by Code is 27 feet with 125 square feet of signage area. The 30 inch tall lettering on the canopy must be reduced to 20% of the facade area to meet Code requirements. Mr. Runkle stated that currently there are curb cuts onto Thomas Center Drive and the shopping center entrance. Both the Planning and the Engineering Departments recommended keeping the existing curbing in tact at the northeast portion of the lot. They felt that this would allow for more parking stalls and/or landscaping green areas. Code requires 24 parking stalls for this facility and 39 foot wide stalls were being provided in the proposal, including 12 stalls at the 6 gas pump locations. He stated the stalls should be increased to a 10 foot width. Mr. Runkle stated it was recommended that a condition of the approval for the shopping center required that the landscaping be installed along the perimeter of the whole complex. He stated that additional plant material should be placed along the eastern property line. Tony Yocum, President of Yocum Oil, stated the curb cuts could be closed within the shopping center but requested that the others remain open. He stated he had no other concerns regarding the project. Councilmember Gustafson had questions regarding the proposed condition number 4 and asked if there were temporary parking stalls. • Mr. Yocum stated there would be no temporary parking stalls. Councilmember Wachter asked which access would be closed. Mr. Runkle stated it would be the east access. 0042 • Page 27/CITY COUNCIL MEETING MINUTES August 2 , 1988 Wachter moved, Gustafson seconded, the motion to approve the conditional use permit to allow an automobile service station/car wash facility for Yocum Oil Company on Lot 5 , Block 1, Thomas Lake Centre, subject to the following conditions: 1. The trash enclosure shall be constructed of the same materials as the building. 2 . The canopy signage shall be limited to 20% of the canopy facade area. 3 . Only one access shall be allowed onto the shopping center drive in; that one being the north access. 4 . All permanent parking stalls shall be 10 ' wide. 5 . No rooftop mechanical equipment shall be visible from the public streets. 6 . No outside loudspeaker advertising or outside displays shall be permitted. 7. Additional landscaping along the eastern property line shall be required and approved prior to the issuance of a building permit. 8. The Development is required to revise the proposed site plan to incorporate the following concerns: a. Revise parking lot grades to a minimum 1% . b. Revise drainage plan to eliminate proposed bituminous swales along the easterly and westerly sides of the pump islands. c. Revise entrance drive widths into site to a 30 ' width. d. Construct concrete entrance aprons. All voted in favor. Egan moved, McCrea seconded, the motion to approve a pylon sign for Yocum Oil Company on Lot 5, Block 1, Thomas Lake Centre Addition, subject to all applicable City conditions. All voted in favor. WAIVER OF PLAT/ZEBNDER ACRES/VINCE KENNEDY • City Administrator Tom Hedges stated a public hearing was held by the Advisory Planning Commission at their regular meeting on July 26 , 1988 to consider Waiver of Plat for the conveyance of a land sale located on the north side of Lone Oak Road just west of Pilot Knob Road for Vincent and Eilene Kennedy. The APC recommended approval. oo42 Page 28/CITY COUNCIL MEETING MINUTES August 2 , 1988 City Planner Dale Runkle stated that on November 20, 1984 , a preliminary plat for the Oakwood Addition, consisting of 14 single family lots on 7.5 acres, was approved by the City Council. The final plat was never completed. Therefore, a new preliminary plat will be required before any further subdivision occurs. The Waiver of Plat accurately reflects the design of the previously approved plat. A 30 foot easement along the east side of Lot 5 will provide access to the northern portion of the lot. One single family structure would be allowed on that area. If the platting procedure began again, it would become a dedicated street right-of-way. Mr. Runkle stated there are homes on Lots 4 and 5 and two on Lot 6 to the west. Parcel A on the north would contain 87 ,800 square feet and the existing home site (Parcel B) would contain 34,000 square feet. Councilmember Egan asked if the easement would be vacated if there were another access. Mr. Runkle stated this was a probability. Mr. Wachter asked what the distance was from Pilot Knob Road. Mr. Runkle stated 400 feet. • Mr. Kennedy stated he agreed to all of the proposed conditions. Mr. Egan asked if Mr. Kennedy could interconnect with other developments. Mr. Colbert stated that it was not a possibility as the storm sewer was a hold-up. Egan moved, Wachter seconded, the motion to approve the Waiver of Plat for Vincent and Eilene Kennedy, Lot 5, Zehnder Acres, subject to the following conditions: 1. A 30 foot driveway easement along the east side of Lot 5 shall provide access to the newly created parcel. 2 . Development is required to accept its additional assessment obligations as defined in the staff' s report in accordance with the dimension as shown on the Waiver of Plat and the rates in effect at the time of the waiver. 3 . The development is required to fulfill its monetary obligations to the City for costs associated with Project No. 445. All voted in favor. R-88.60 WAIVER OF PLAT FOR CLIFF ROAD PROPERTIES City Administrator Tom Hedges stated a public hearing was held • by the Advisory Planning Commission to consider a Waiver of Plat for the Cliff Road Properties in order to allow the conveyance of a land transaction. The APC recommended approval. Page 29/CITY COUNCIL MEETING MINUTES August 2 , 1988 City Planner Dale Runkle stated the site is located along the west side of proposed Cliff Lake Drive, north of Cliff Road. The 0 .3 acre triangular piece would be transferred along with a portion of vacated Rahn Road to the 20 acre agriculturally zoned Parcel 011-76 owned by Federal Land Company. In exchange, Federal Land would grant a roadway easement over the Cliff Lake Drive construction. Dedicated right-of-way would be required when the Federal Land parcel develops. Egan moved, Gustafson seconded, the motion to approve the Waiver of Plat for Cliff Road Properties, subject to the following conditions : 1. When Parcel 011-76 develops, the owner shall dedicate right-of-way for Cliff Lake Drive. 2 . The 0 .3 acre triangular piece created along with the vacated portion of Rahn Road shall be combined with Parcel 011-76 . All voted in favor. R-88.61 ADMINISTRATIVE AGENDA City Administrator Tom Hedges stated that Item 2 on the Administrative Agenda could be stricken as it was the same as Item 1.B. RESPONSE TO CABLE TV NORTH CENTRAL REGARDING LOCAL ACCESS City Administrator Tom Hedges stated in early July a letter was received from North Central Cable Communications Corporation suggesting that a change must occur in the level of subsidy that is provided for public access and local origination programming by the company. The Joint Commission had reviewed the issue and if agreeable, would submit a return response to NCCC objecting to their proposal. Councilmember Egan asked who owns the offices. Mike Reardon, Cable Administrator, stated NCCC owned the offices. Mr. Reardon stated it had been discussed leaving the office open. Mr. Egan asked where equipment would be turned in. Mr. Reardon stated the equipment could be picked up or they could drive to the central office. Mayor Ellison asked if the timing schedule had been shared with North Central. Mr. Reardon responded affirmatively. Mr. Hedges stated he felt there should be a fight for the original agreement, however, new legislation alters the City' s regulatory rights. • Mayor Ellison stated the Council is firmly behind the local access. Mr. Reardon suggested to the Council that they watch the Page 30/CITY COUNCIL MEETING MINUTES 004213 • August 2 , 1988 local access awards on Saturday, August 6 , on Channel 48 from 5 :00 to 7:00 p.m. Councilmember McCrea asked when all Eagan would have access to cable. Mr. Reardon stated it would be sometime this year. CABLE — DETERMINE PUBLIC USE OF FRANCHISE FEES Mr. Hedges stated that periodically a question arises with the Burnsville/Eagan Cable Commission as to who is responsible for determining the use and any appropriation of collected franchise fees. Burnsville/Eagan Cable Commission, according the franchise agreement, is entitled to a 5% franchise fee for each and every subscriber and that money is collected by NCCC and returned to the cities on an annual basis. The amount of the franchise fee is available for the Cities of Burnsville and Eagan is growing each year. It is recommended that the City Council determine whether the City should retain franchise fees and if so, the latitude of public use for those franchise fees. Councilmembers Wachter and Egan both stated they support retaining the fees for maintenance. EAGAN V. CARLSON City Attorney Jim Sheldon stated if the City was to appeal the Eagan v. Carlson decision, he would need authorization from the Council. Councilmember Egan stated it hardly seemed worthwhile since the matter was settled in a close dollar amount. Mr. Hedges stated an appeal would eat up the difference but he felt obligated to present the matter to the Council. Mayor Ellison recommended to not appeal the decision regarding the Eagan v. Carlson condemnation. VIC TWADDELL/RESIGNATION Egan moved, Wachter seconded, the motion to accept Vic Twaddell' s resignation from the Special Assessment Committee. All voted in favor. BUDGET City Administrator Tom Hedges stated the budget is being reviewed by the departments and it should be ready by the end of the week. When it is complete, he will recommend budget session dates. He further recommended the retail study review on March 15, at 7:30 p.m. i Page 31/CITY COUNCIL MEETING MINUTES QQ'2,J August 2 , 1988 EAGAN V. DESLAURIERS It was decided to not proceed with any further negotiations regarding the matter. SENIOR HOUSING AD HOC COMMITTEE City Planner Dale Runkle updated the Council on the matter. OLD TOWNE HALL Mr. Wachter updated the Council regarding the historical committee. Egan moved, Wachter seconded, the motion to relocate and begin restoration of the Old Towne Hall west of its present location. All voted in favor. COUNCIL DISCUSSION • Mayor Ellison stated he had items he wished to discuss regarding the Galaxie Cliff Plaza property. He stated he was frustrated with the decorum, and that also, the Council should allow the platting of the Swenson property. He stated there should be direction to the Planning Commission regarding the sense of the Council. BILLS Wachter moved, Gustafson seconded, the motion to approve the checklist dated /August 2 , 1988 in the amount of $414,102.64. All voted in favor. and dated August 1,1988 in the amount of $320,219. 82. ADJOURNMENT Upon motion duly made by Wachter, and seconded by McCrea, the meeting was adjourned at 1 :20 a.m. All voted in favor. CITY OF EAGAN � 1 By: . L.i. 1... ...AL Eugel- VanOverbeke Its: ity Clerk III iik.CElV 0 AU 0 2 411 00400 Semie Stroh,PE. Consulting Structural Engineers • • 612/379.1005 W14 ~.•iii STROHENGINEERING July 28, 19 8 8 . St.Anthony Main Suite 406 219 Main Street S.E. Minneapolis,Minnesota 55414 Mr. Brian Skunberg 4739 Ridge Wind Trail Eagan, MN 55122 RE: Retaining wall Dear Brian: • At your request, I have this day completed my inspection of your backyard retaining wall structure. The wall, which is approximately 15 feet in height is constructed of used railroad tie timbers and encloses three sides of the backyard. Steel spikes were used to secure the timbers and additional timbers were placed perpendicular to the wall to act as earth tie-back anchors. Recently, a concrete slab was poured behind part of the wall (on the top side) to support a new storage shed, which is presently under construction. In the opinion of the writer, this retaining wall is properly constructed and is capable of safely supporting the retained earth indefinetly. The new construction will not impair the structural integrity of the wall in any way. If- there are any questions or comments regarding this report or if I can be of any further service, please feel free to call me. Sincerely, tt:utauu Stroh Engineering PaD G`1p�,���� cr,,.f REGISTERED' • PROFESSIONAL E Bernie Stroh, P.E. ENGINEER"85,-• • 14269 , £XL, (0, ±4 00421 • HOSFORD 1ST ADDITION 5 . • 001r:1'74 • I�� " " city of ea an 1 . 3830 PILOT KNOB ROAD,P.O. BOX 21199 BEAKOMWST # EAGAN.MINN[SOTA 55121 , Marra PHONE:(612)454-8100 THOMAS ELAN 4 JAMES A SMrtH VIC ELLISON THEODORE WACHTFlt C.orncu Memo. . THOMAS July 3, 1986 a,v fi.EOoto EUGENE VAN NMM__O��VEPBEKE Y,1 Clerk Re: Proiect 473, Pilot Knob Road Upgrading/Trunk Storm Sewer --1 Improvements — Evergreen Park & Berry Patch Park Dear Property Owner: • This letter is to inform you that on July 15 at 7:00 P.M. , a public hearing will be held at the Eagan City Hall to discuss the proposed . project providing for storm sewer construction, installation and modifications n..,.:essary to handle storm water runoff associated t,t with the proY-sed upgrading of Pilot Knob Road in 1987. • ,. While the city does not propose assessing you for anv costs associated, Iwith this proiect, the Council would like to hear any of your comments or concerns since you are located within the proposed construction area and may be affected by temporary construction easements and/ or inconvenienced by construction activity. Enclosed you will find a sketch plan showing the concept pl..n of construction that will be discussed at this public hearing. If you have any questions regarding the proposed alignments, location, scheduling, etc. , please try to have a representative attend the meeting of July 15, 1986 when all these items will be discussed in _ietail. i i Sincerely, 6...:*°4-44'e g9°---. . , Public Works Department i TAC/dk r Enclosures I I III THE LONE OAK TREE. . .THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY ...) w ' • 00423 • FILE COPY DO NOT REMOVE REPORT • ON PILOT KNOB ROAD (EVERGREEN PARK, BERRY PATCH PARK, CITY HALL) TRUNK STORM SEWER IMPROVEMENTS • PROJECT No. 473 EAGAN, MINNESOTA 1986 APPROVED Ey Date EAGAN ENGINEERING DEPT. FILE No. 49380 2OKed1 OO, Rosexe, 4,s4411:4 a 414ociafeS, 9.,c. • Sh Pawl, MI«.s.sola i • Berry Patch Park: StorT sewer proposed for Berry Patch Park provides for con- structin,, a 12" diameter gravity storm sewer outlet from Mooney Lake (Pond JP-7) to Pond JP-8 and Pond JP-8 to Pond JP-9. Botts Pond JP-8 and Pond JP-9 are included 4ithin Patrick Eagan Park. Pond JP-1 is abutted by residential homes to the south and east included in Hilltop Estates While to the north and • west it is abutted by large unplatted parcels. However, the unplatted parcels west of Pond JP-7 which also abut Pilot Knob Road are presently proposed to be developed. Therefore, as part of their development plans, they will also be • required to interconnect Pond JP-36 to Pond JP-35 and Pond JP-35 to Pond JP-7• Pond JP-36 which abuts Pilot Knob Road will receive additional runoff as part c ' the upgrading of Pilot Knob Road and Deerwood Drive. The lateral storm sewer proposed in Pilot Knob Road will be extended northerly and south- erly from Pond JP-36 and ultimately discharge to Pond JP-36. Therefore, due to the upgrading of Pilot Knob Road, the proposed development of the unplatted parcels west of Pond JP-7 and t'' cccrent high water elevation flooding park property and [railways, it is necessary to provide an outlet for Pond JP-7 at this time. Design considerations for Pond JP-7 are as fullows: Comp. Plan Comp. Plan Comp. Plan Existing & Proposed & Proposed & Proposed Proposed Elevation NWL HWL Storage 8 Outflow Pond JP-7 862.8 859.4 865.2 47.6 ac. ft. 1.0 411 POND JP-9 1., r- \ ' NWL= 818.7 \ 7� HWL=83a0 • _ 010-61• ,-f= PROPOSED 12" 010-84 e:4 010-82= STORM SEWER - 010-83* 6 s r j' POND JP-8 re) —C. 011-85 ''�` i NWL= 819.2 d 0. 500' HWL= 830.0 Z 012-85 w Ti Groph c Scale in Feet PROPOSED 12" 012-86 . *:CITY OF EAGAN 011-86 STORM SEWER o U Ex. STORM SEWER 7,V• j 016-54 prwipmvesomp `' W t INV • C - ;, 015-54 ^ \ a 3 4 ,',. � ,�i . ,7,„_014-54 .!* PI 0 i 2) N #..BERRY �� 1 040-51 PATCH . 1111* \ f PARK �al ♦ _ POND JP-7 /06O-51 010-00* T W NWL=859.4 MOONEY -�0� — /r W i HWL=865.2 ( LAKE) �'• •• / 9 L E) , W 050-51 rr vY 010-51 - • FUTURE wit. -STORM ,/ isolo _ SEWER /, 1 020-51 010-53 014-50 ,;-�*� D • ,� p 1 POND , 1 FUTURE STORM JP-35 + I 1O SEWER (PILOT �� _ �^ I -- KNUB ROAD) 010-52 44107,_N3D6 No. ,..- PILCT KNOB _ ROAD (Co. Rd.No. 31) ICI' • 47 - 1 I /�� l I I r PILOT KNOB ROAD .../ BONESTROO, ROSENE. ANDERLIK TRUNK STORM SEWER IMPROVEMENTS S ASSOCIATES, INC. Consulting Engineers '. • (HILLTOP PARK) ■ St. Paul, Minn. PROJECT No. 473 Date:JUNE, 1981 1 EAGAN, MINNESOTA '' FIG. No. 2 J Comm. 49380 • . • • ' /, Iti / r � � „ � J.r, 4� � '.1 \ „, .Y L. 1. • ! ti ic•I•• 1..;:L:,:. : .'.•airy L-; /L_ _ =t ••- / ....”_ -_-_tea\\ •�� I Ate ,e. 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