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09/06/1988 - City Council Regular 00470 i MINUTES OF REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA SEPTEMBER 6, 1988 A regular meeting of the Eagan City Council was held on Tuesday, September 6 , 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, City Engineer Tom Colbert, City Planner Dale Runkle and City Attorney James Sheldon. AGENDA Wachter moved, Gustafson seconded, the motion to approve the agenda as presented. All voted in favor. MINUTES Upon motion by Egan, seconded by Wachter, it was resolved that the minutes for the August 16 , 1988, regular meeting be approved as presented. All voted in favor. CONTRACT 87-2, FINAL PAYMENT, HARD COURT CONSTRUCTION/MISCELLANEOUS PARKS City Administrator Tom Hedges informed the Council that the final payment and change order number 3 were in order for consideration for improvement Contract 87-2. The contract consists of various construction of tennis and hard court play areas at 15 parks. The Parks and Recreation staff, after their review, found that Finley Brothers Enterprises had completed all work in accordance with the contract documents. The final payment amount is $11,408.05. Mr. Hedges stated that included in the final payment was a recommendation by the staff for a change order number 3 in the amount of $1,171.50 which consists of a number of materials and labor spread through seven parks. He stated most of the changes involved the hauling of excessive soil, installation of a gate or additional sodding and top soil. Councilmember Wachter questioned how the City knew the number of loads which had been removed. Parks and Recreation Director Ken Vraa stated that the City conducts inspections to insure accuracy. Gustafson moved, Wachter seconded, the motion to approve improvement Contract 87-2 for final payment and change order number 3 410 for the total amount of $11 ,408.05 and that the City authorize final acceptance for perpetual maintenance. All voted in favor. 047,7 CONTRACT 87-13, FINAL PAYMENT, SHELTER BUILDINGS/MISCELLANEOUS PARRS City Administrator Tom Hedges informed the Council that final payment and an addition to change order number 1 in the amount of $4 ,576 .00 were in order for consideration. He stated City staff, after their review, had found that M. G. Astleford had completed all work in accordance with the contract documents. The final payment amount is $15,583 .00, which includes a recommendation for change order number 1. He stated the change order included additional wiring, an adjustment of the hardware allowance, a change in the light switching of the multi-purpose room and some additional tile in the men' s locker and toilet area for Blue Cross/Blue Shield park building and to locate, excavate and install extra sanitary and water service, along with some minor electrical changes at the Quarry Park shelter building. Councilmember Wachter questioned if the change order should be a separate motion. Mr. Hedges stated the Council could approve both matters with one motion. Wachter moved, Gustafson seconded, the motion to approve improvement Contract 87-13 for the final payment and change order number 1 for the total amount of $15,583 .00 and that the City authorize final acceptance for perpetual maintenance. All voted in favor. ACCEPT RESIGNATION/APPOINT REPLACEMENT/WATER QUALITY MANAGEMENT COMMITTEE Public Works Director Tom Colbert stated that Doug Wilcox had informed him that he had recently relocated out-of-state and could no longer serve on the Water Quality Management Committee. Mr. Colbert stated the vacancy should be filled by Council action. Mr. Colbert stated the Council had received background information for those citizens who had previously expressed an interest in the Water Quality Management Committee but were not selected. He further stated that applications had been received by new citizens who had expresses an interest in the position and Council had received copies of their applications. Mr. Colbert presented the Council with a letter from Barb Agne stating she had an interest in being appointed to the committee (copy of letter from Barb Agne attached to minutes as Exhibit "A") . Mr. Colbert informed the Council of the following options which were available: 1. Appoint the alternate (Richard Starr) to a full committee member. • 2 . Appoint a new citizen as a full committee member. 3. Fill the vacancy with the alternate with no subsequent appointments. -2- 0'1477 Councilmember Wachter stated the matter should be conducted by ballot. City Administrator Tom Hedges handed out the ballots to the Council and explained the appointment process. He further stated that ballots were public information. After the return of the ballots to Mr. Hedges, Mr. Hedges stated that Dick Starr was appointed by a majority of the votes. The Council then voted for an alternate. Mr. Hedges stated that Karl M. Heine had received the majority of the votes for the alternate position. Councilmember McCrea stated she felt the City should encourage more women to apply for the committee. Gustaf son moved, Wachter seconded, the motion to accept the resignation of Doug Wilcox from the Water Quality Management Committee and appoint Richard Starr as his replacement on the committee, and appoint Karl M. Heine as the alternate on the committee. All voted in favor. HILLCREST AND TWIN VIEW MANOR NEIGHBORHOODS/ACCESS ROAD City Administrator Tom Hedges stated he had been communicating with several residents of the Hillcrest and Twin View Manor neighborhoods regarding the feasibility of an access road through the Fairway Hills project to Cliff Road. He stated that currently those neighborhoods travel south on Pilot Knob Road to 126th Street, west to Johnny Cake Ridge Road and north to Eagan. The Dakota County engineer is reconsidering and had expressed a willingness to participate with the City and Fairway Hills development to either build a temporary access road through that development or utilize an existing public right-of-way through the Fairway Hills neighborhood that intersects with Pilot Knob Road. Mr. Hedges stated a neighborhood meeting had been conducted and the residents stated they were concerned regarding public safety. Mr. Hedges stated the City had looked for an agreement between the City, the County and the developer. The County had proposed another access road to the north. He stated the contractor had concerns regarding the safety of the access. Mr. Hedges stated the neighboring residents and the City are dissatisfied and want a permanent road. Mr. Hedges further stated the concerns were who would pay and also who would be liable. He stated the County would contribute 50% . A neighborhood spokesman reiterated the neighbors concerns to the Council. He stated they were concerned more about the safety than • the convenience. He thanked Mr. Hedges for his presentation. Mayor Ellison questioned the cost. Public Works Director Tom Colbert stated the cost would run approximately $4,000.00. Mayor Ellison questioned if the County would pick up one-half of the cost. -3- Page 4/CITY COUNCIL MEETING MINUTES " All September 6 , 1988 Mr. Colbert stated yes and explained the access construction procedure to the Council. Councilmember Wachter questioned if the contractor was currently keeping the access open. Mr. Colbert stated not at that location. Mr. Wachter asked if a caterpillar was present at all times. Mr. Colbert stated he was unsure. Mr. Wachter stated it could be another solution to the problem. Mr. Colbert stated it would work when personnel were available. Mr. Wachter stated he felt crushed rock would not prevent wash-out problems. Mr. Colbert agreed. Councilmember Wachter stated he felt the County also had a responsibility to the citizens. Mr. Colbert stated the County was willing to accept a portion fo responsibility but would not be liable for the internal streets. Mayor Ellison stated the City should step in and do something. He felt the time had come and $2 ,000 .00 was a small price to pay. Councilmember Gustaf son agreed. Gustafson moved, McCrea seconded, the motion to approve immediate construction of a temporary emergency access road through the Fairways Hills project to the Rebecca Lane/Pilot Knob Road intersection, at a cost not to exceed $4,000 .00 , provided Dakota • County accepts one-half of the responsibility. All voted in favor. Mayor Ellison questioned if the City maintenance would be over and above the $4 ,000 .00 cost. Mr. Colbert stated yes. Mr. Colbert further stated that the developer must allow access onto the property and that the City Attorney was working on the matter. Councilmember Wachter stated he was concerned regarding the southwest corner of Pilot Knob Road and County Road 30. He stated a resident' s driveway was cut off and requested either a right-in, right-out or to combine with the next residence. Public Works Director Tom Colbert stated the County had previously denied both requests and that numerous meetings had been conducted regarding the matter. CABLE COMMISSION Mike Reardon updated the Council on the cable local access. CONSENT AGENDA The following consent agenda items were submitted and recommended to be approved: A. Personnel Items. 1 . Administrative Intern. It was recommended to accept the resignation of Susan DeMarco and to authorize the filling of the vacant administrative intern position. OO' ?9 2 . Fall Seasonal Park Maintenance Workers. It was recommended to approve the hiring of Michelle Vadnais, Cary Stevens, Linda Wulff, Steven Schroeder and William Cass as temporary seasonal park maintenance workers for the fall season. 3 . Fall Seasonal Forestry Aide. It was recommended to approve the hiring of Gerald Dalke as the temporary seasonal forestry aide for the fall season. 4 . Parks and Recreation Student Intern. The Council was informed that Beth Mondy, an undergraduate student at the University of Minnesota, would be interning with the Department of Parks and Recreation for 12 weeks this fall as a part of her course requirements. Ms. Mondy would not be an employee of the City of Eagan. The item was for the Council' s information and no action was required. B. Plumbers Licenses. It was recommended to approve the following plumbers licenses: Berqual Plumbing; Hanson-Kleven Plumbing; Huber Plumbing and Heating; N. S. Mechanical ; and Northridge Plumbing. C. Receive Petition/Authorize Parking Restrictions (Donald Avenue North of Letendre Avenue) . It was recommended to receive the petition and authorize the installation of "no parking" restrictions on the west side of Donald Avenue north of Letendre Avenue. D. Receive Request/Authorize Parking Restrictions (Sibley Terminal Industrial Park) . It was recommended to authorize the installation and enforcement of "no parking" restrictions within the entire Sibley Terminal Industrial Park. E. Project 554. Receive Petition/Order Feasibility Report and Detailed Plans (General Electric Supply Company - Storm Sewer) . It was recommended to receive the petition for Project 554 (General Electric Supply Company - storm sewer) and authorize the feasibility report and detailed plans. F. Project 552 . Receive Feasibility Report/Order Public Hearina (Eagandale Center Industrial Park 3rd Addition. Lone Oak Business Center. Phase 2 - Storm Sewer and Watermain) . It was recommended to receive the feasibility report for Project 552 (Eagandale Center Industrial Park 3rd Addition, Phase 2 - storm -5- ov.so • sewer and watermain) and order a public hearing to be held on Thursday, October 6 , 1988. G. Contract 88-36, Approve Plan/Order Advertisement for Bids (Eagandale Center Industrial Park 3rd Addition. Phase 2_. and Country Hollow 2nd Addition - Utilities) . It was recommended to approve the plans for Contract 88-36 (ECIP 3rd Addition, Phase 2 and Country Hollow 2nd Addition - utilities) and authorize an advertisement for a bid opening to be held at 11:00 a.m. on Friday, September 30 , 1988. H. Contract 88-35, Approve Plans/Order Ad for Bids (Stratford Oaks - Utilities and Hidden Valley - Trunk Sanitary Sewer) . It was recommended to approve the plans for Contract 88-35 (Stratford Oaks - utilities and Hidden Valley - trunk sanitary sewer) and authorize advertisement for a bid opening to be held at 10:30 a.m. , Friday, September 30 , 1988. I. Contract 88-01, Approve Change Order No. 2 (Fire Station No. It was recommended to approve Change Order No. 2 for Contract 88-01 and authorize the Mayor and City Clerk to execute all related documents. J. Contract 88-21. Approve Change Order No. 1 (Cliff Lake Center - Grading and Utilities) . Councilmember Wachter requested the staff check out any tree removal changes. Public Works Director Tom Colbert stated staff would check the matter out. It was recommended to approve Change Order No. 1 to Contract 88-21 (Cliff Lake Center - grading and utilities) and authorize the Mayor and City Clerk to execute all related documents. K. Contract 87-28. Approve Change Order No. 1 (Well No. 11) . It was recommended to approve Change Order No. 1 to Contract 87-28 (Well No. 11) and authorize the Mayor and City Clerk to execute all related documents. L. Contract 87-28. Approve Final Payment/Acceptance (Well No. 1.11... It was recommended to approve the tenth and final payment to Keys Well Drilling Company, Inc. in the amount of $24 ,727 .50 and accept the improvement for perpetual maintenance. -6- nil x::01 A M. Contract 88-29. _Receive Bids/Award Contract (Well No. 13) . It was recommended to receive the bids for Contract 88-29 (Well No. 13) and award the contract to E. H. Renner & Sons, Inc. in the amount of $126 ,715.00 and authorize the Mayor and City Clerk to execute all related documents. N. Final Plat. Bridle Ridge 2nd Addition. Councilmember Wachter questioned why there were such extreme angles on the lots. Public Works Director Tom Colbert stated he was unsure but that they met Code requirements. It was recommended to approve the final plat for the Bridle Ridge 2nd Addition and authorize the Mayor and City Clerk to execute all related documents. R-88.66 0. planned Development Agreement, Comprehensive Guide Plan Amendment. RahnCliff 2nd Addition/Austin Companies, Re-zoning of 16 .08 LB and RB Acres to a Commercial Planned Development District and a Preliminary Plat. It was recommended to continue Item 0. (Planned Development Agreement, Comprehensive Guide Plan Amendment, RahnCliff 2nd Addition/Austin Companies, Re-zoning of 16.08 LB and RB acres to a commercial planned development district and a preliminary plat) . P. Contract 88-9. Approve Change Order No. 1 (Manor Lake Addition - Trunk Utilities) . It was recommended to approve Change Order No. 1 to Contract 88-9 (Manor Lake Addition - trunk utilities) and authorize the Mayor and City Clerk to execute all related documents. Q. Contract 87-20. Final Payment/Acceptance (Eagandale Center Industrial Park 8th Addition - Watermain and E-Z Air Park- Storm Sewer) . It was recommended to approve the fourth and final payment to F. F. Jedlicki, Inc. in the amount of $7 ,497 .92 and authorize the acceptance of the improvements for perpetual City maintenance subject to warranty provisions. R. Contract 86-17, Final Payment/Acceptance (Sperry Consolidation Facility - Utilities) . 411 It was recommended to approve the sixth and final payment for Contract 86-17 (Sperry Consolidation Facility - utilities) to Northdale Construction Co. , Inc. in the amount of $24,527 .51 and authorize the acceptance for perpetual maintenance of related City facilities subject to appropriate warranties. -7- C • S. Extension of Final Plat Approval, Eagan High School Addition. It was recommended to extend the final plat approval for Eagan High School Addition until September 30 , 1988. Wachter moved, Gustafson seconded, the motion to approve the foregoing consent agenda items, except agenda Item 0. , and authorize their implementation. All voted in favor. VACATION/PUBLIC HEARING/LOT 8/HILLTOP OF EAGAN Public Works Director Tom Colbert informed the Council that on August 2 , 1988, the Council received a petition to vacate the blanket drainage and utility easements over the common open space of the condominium development proposed to be located on Lot 8, Hilltop of Eagan. He stated it was anticipated that the final plat for the replatting of this property into the down-zoned single family Berry Ridge Addition would have been processed and approved prior to this public hearing. He stated this would have provided for the required replacement drainage and utility easements necessary to the • processing of the petition vacation. He informed the Council that the staff is recommending that the public hearing be closed and that formal action be deferred until the September 19, 1988, Council meeting subject to the final plat approval. Wachter moved, Gustafson seconded, the motion to close the public hearing and continue consideration for the vacation of public drainage and utility easements (Lot 8, Hilltop of Eagan) to the September 19 , 1988, City Council meeting. All voted in favor. PROJECT 549/PUBLIC HEARING/STRATFORD OAKS Mayor Ellison opened the public hearing regarding the Stratford Oaks sanitary and storm sewer project. Public Works Director Tom Colbert stated that on August 2 , 1988, the Council had received a feasibility report for the installation of sanitary and storm sewer facilities necessary to service the proposed multiple residential development of Stratford Oaks located in the southwest corner of Thomas Lake Road and Diffley Road (County Road 30) . He stated all notices had been published in the legal newspaper and sent to all potentially affected property owners informing them of the public hearing. Consulting Engineer Mark Hanson presented the project details to • the Council. There was no public comment. -8- • Councilmember Wachter questioned if the water storage could be raised. Mr. Hanson stated it could be raised as there was sufficient storage. Mr. Wachter also stated he would like the height of the pond increased. Public Works Director Tom Colbert stated the matter would be looked into. McCrea moved, Egan seconded, the motion to close the public hearing and approve Project 549 (Stratford Oaks - sanitary and storm sewer) . All voted in favor. PROJECT 545/PUBLIC HEARING/CLEARVIEW ADDITION Mayor Ellison opened the public hearing regarding Project 545, Clearview Addition - Streets. Public Works Director Tom Colbert stated that on August 2 , 1988, the Council received a feasibility report for the installation of street improvements to the Clearview Addition incorporating Lenore Lane and Beecher Drive. He stated all notices of the meeting had been published in the legal newspaper and sent to all potentially affected • property owners informing them of the public hearing. He further stated that a neighborhood meeting had been held on Thursday, September 1 , 1988, to discuss the proposed improvements with the affected property owners. The Council received letters from Walter C. Hammer, Dale A. Peterson, and Ernest F. Horning (copies of letters attached to minutes as Exhibits "B", "C", and "D") . Consulting Engineer Mark Hanson presented the project details to the Council. He updated the Council on the nature of the improvements and stated three hearings had been held regarding the matter. He stated the cost of the assessments would be divided equally among the benefitted property owners. John Klein, representing his son, Peter Klein, felt there was an inequity in the distribution of the assessments. He stated his son' s lot was a half lot and was smaller than the other lots. Mayor Ellison stated he had received several letters addressing this issue. Public Works Director Tom Colbert stated there are two methods for assessing: 1 . Front footage; and • 2. Per lot basis. He stated the per lot basis is an acceptable method because all lots receive equal access to the street. -9- l ei Councilmember McCrea questioned how many of the lots could be subdivided. Mr. Colbert stated all of the lots are developed and he was unsure if any could be split as he had not done a detailed analysis. Councilmember Egan agreed with Mr. Colbert' s analysis and stated the lots were not in real unique situations which would justify a per lot assessment. Councilmember Wachter agreed that front footage would be best. Floyd Forsberg, Lot 12, Block 2, supported the improvements and assessments. However, he objected to the $9 ,000 .00 assessment as he felt Mr. Eaton should be assessed for that amount. Public Works Director Tom Colbert stated the expenditure would have been incurred if the subdivision developed as originally proposed. He stated the project was done by a change order. He stated there was frontage lot assessments for the residential areas which left $9,000.00. Councilmember Egan questioned if the neighbors wanted the street narrowed and stated it was not mentioned in their letters. Mr. Forsberg stated he thought the developers had handled that matter. 110 Sharon Miller, Lot 4 , stated she has a corner lot and is against the front footage assessment. Mayor Ellison questioned if she would receive the corner credit. Mr. Colbert stated she would receive the corner lot credit. Ms. Miller stated she opposed the sodding. Mr. Colbert stated the improvement should be uniform and that only the disturbed area would be sodded and seeded. Pam VanBeck, Lot 14, stated she was against the improvements as she felt she would be paying the Cliff Road assessments. She further stated she had concerns regarding the traffic. Mr. Egan questioned if there would be a corner lot credit for a lot on a county road. Mr. Colbert stated the credit may have previously been received for Cliff Road and that either way, a credit would be received. Consulting Engineer Mark Hanson stated the numbers would not change much for front footage. Councilmember Gustafson questioned the front footage problems and stated he felt per lot assessment made more sense. Jim Hill, Lot 2 , informed the Council he wanted the front footage assessment. Dick Roget, Lot 7, stated his opposition to the per lot assessment and the project. He questioned how many votes were necessary to pass. Mayor Ellison stated it would require three votes of the Council. Councilmember Wachter questioned if in 1979 there was a surplus of funds. Tom Colbert stated he couldn' t find any excess revenue and that staff did recall comments to that effect. -10- !_ its Councilmember McCrea questioned if the inclusion of the $9 ,334 .00 unassessed cost from Project 472 should be dropped. She asked for a show of hands from the public. Bob Trevis, Lot 5, favored the improvement but wanted narrower streets. Connie DuVick, Lot 11, favored the improvements. Marge Piele, Lot 5, favored the project. Sharon Miller asked if lights could be added to the project. Mr. Colbert stated lights could be added with the funding from the general funds. He stated lights would be prioritized with the other intersections in the city and it could be from one to three years before the lights would be installed. Mayor Ellison stated that if there were lights throughout the area, the whole area would be assessed. Ms. Miller stated she would like a signal. Mr. Colbert stated it would never be signalized as it was too close to the intersection. John Klein stated his son wanted equitable assessments. Mr. Colbert stated the assessments could be prepared both ways. Councilmember McCrea questioned the solvency of the street fund. City Administrator Tom Hedges stated that Pilot Knob would absorb most of the funds. McCrea stated she was concerned regarding the adding of Project 472. Councilmember Egan stated that if the matter were held over, he felt there would still be winners and losers. He stated the Council must bite the bullet and choose. He further stated the neighbors did not mention street width in their letters and did not perceive a concensus regarding the matter. He asked for a show of hands. Councilmember Wachter stated he still favors the front footage. He stated people can use the assessment. Wachter moved, Egan seconded, the motion to close the public hearing and approve Project 545 (Clearview Addition - Streets) on a front footage basis, excluding Project No. 472, and authorized the preparation of detailed plans and specifications. Ellison, Wachter, Egan and McCrea voted in favor; Gustafson was opposed. Councilmember McCrea stated she would have preferred a per lot method with Project 472 waived. PROJECT 542/PUBLIC HEARING/ALDEN POND - STREETS AND UTILITIES Mayor Ellison opened the next public hearing regarding Project 542 , Alden Pond - streets and utilities. • Public Works Director Tom Colbert stated that on August 2 , 1988, the Council had received a feasibility report for installation of -11- ow 96 streets and utilities within the proposed Alden Pond development located in the southeast corner of Coachman and Four Oaks Road. He further stated all notices had been published regarding the public hearing in the legal newspaper and sent to all potentially affected property owners informing them of the public hearing. Pete Willerbring, Consulting Engineer, presented the project to the Council in detail. Public Works Director Tom Colbert stated that the NSP policy differs from the Dakota Electric Association policy. He recommended removal from the project if NSP did not provide credits. James Littman stated the developer had promised a curve in the road at the north end. The engineer stated the change had been made. Mr. Littman requested stop signs and Mr. Colbert stated the signs would be provided. Mr. Littman questioned what must be done to get signals at Coachman and Yankee Doodle. Mr. Colbert stated the conduit was in place but that the signals were being prioritized with other intersections. He stated a petition would speed up the process. Councilmember Wachter questioned if the curve would improve safety. Mr. Colbert stated there was very little traffic. Mr. Littman stated he had not received a notice of the meeting. Mr. Colbert stated Mr. Littman was not being assessed and it was not required to send him a notice. Councilmember Egan pointed out that there was a semaphore every one-quarter mile. He stated he wanted Federal reconsidered. Mr. Colbert stated there are peak problems at Federal because of Unisys. Ken Hartwell, Rosewood Corporation, stated he wanted a 10-year assessment and thought ten years was in the works and that Rosewood had planned accordingly. He stated a five-year assessment was levied. Mayor Ellison questioned if there could be a ten-year assessment. Mr. Colbert stated there could be a ten-year assessment but five years was City policy. Mayor Ellison questioned if it would be setting a bad precedent. City Administrator Tom Hedges stated no that it had been done before. Councilmember McCrea questioned if there would be an additional cost. Mr. Colbert stated there would not be an additional cost. McCrea moved, Egan seconded, the motion to close the public hearing and approve Project 542 (Alden Pond - Streets and Utilities) , with a ten-year assessment period. All voted in favor. -12- in nil cr-v FINAL ASSESSMENT HEARINGS/PROJECTS 503, 493, 502, 479, 504, 460B, 486, 461, 478, 492, 505 and 499 Mayor Ellison opened the public hearings regarding the final assessments. Public Works Director Tom Colbert informed the Council that 12 projects had their final assessment rolls prepared and their public hearings scheduled for September 6 , 1988. He stated 11 of the 12 projects should have their public hearings held to receive input from the affected property owners regarding the proposed final costs resulting from the installation of the public improvements. He further stated Project 499 should be continued to September 19, 1988, due to errors that were discovered requiring a revision to the final assessment roll requiring new notifications. He further stated all assessments were levied in accordance with City policies and/or the methods defined in the feasibility report presented at the Project' s respective public hearing. All notices of the public final assessment hearing were sent to all affected property owners informing them of their proposed final assessment obligations. In addition, all notices were published in the legal newspaper as required by state statute. • PROJECT 503, WINDTREE 8TH ADDITION - STREETS AND UTILITIES Egan moved, Wachter seconded, the motion to close the public hearing and approve the final assessment roll for Project 503, Windtree 8th Addition - streets and utilities, and authorize the certification to the County for collection. All voted in favor. PROJECT 493, GREENSBORO 2ND ADDITION - STREETS AND UTILITIES McCrea moved, Gustafson seconded, the motion to close the public hearing and approve the final assessment roll for Project 4 93 , Greensboro 2nd Addition - streets and utilities, and authorize the certification to the County for collection. All voted in favor. PROJECT 502, R & B ADDITION - STORM SEWER McCrea moved, Gustafson seconded, the motion to close the public hearing and approve the final assessment roll for Project 502, R & B Addition - storm sewer, and authorize the certification to the County for collection. All voted in favor. PROJECT 479, LEXINGTON/NORTHVIEW PARK - TRUNK STORM SEWER Gustafson moved, Wachter seconded, the motion to close the public hearing and approve the final assessment roll for Project 479, Lexington/Northview Park - trunk storm sewer, and authorize the certification to the County for collection. All voted in favor. -13- Page 14/CITY COUNCIL MEETING MINUTES ` • September 6 , 1988 PROJECT 504, WHISPERING WOODS 2ND ADDITION - STREETS AND UTILITIES McCrea moved, Egan seconded, the motion to close the public hearing and approve the final assessment roll for Project 504, Whispering Woods 2nd Addition - streets and utilities, and authorize the certification to the County for collection. All voted in favor. PROJECT 460B, NORTH NICOLS ROAD - STREETS Public Works Director Tom Colbert stated a large rectangular lot was adjusted in a follow-up notice. Per Hanson, Lot 10, contested the assessments. He stated he had sewer backup in the past and there was also a great deal of traffic noise. He stated he is selling his house because he is on a fixed income. Mr. Colbert agreed that the street needed repair and did not know which came first, whether it was the traffic or the improvement. He stated he felt the cost met the benefits. Mayor Ellison questioned if there was a variance for hardship. Mr. Colbert stated there was a senior citizen deferment based on age and income criteria. He further stated he would meet with Mr. Hanson. Mr. Hanson reiterated his • concerns. Mayor Ellison asked if the City had contributed at least 50% . Mr. Colbert stated he was correct. Wachter moved, Gustafson seconded, the motion to close the public hearing and approve the final assessment roll for Project 460B, North Nicols Road - streets, and authorize the certification to the County for collection. All voted in favor. PROJECT 486, E-Z AIRPARK - STORM SEWER Bob Chardell, E-Z Airpark manager, asked how the assessment was split. Mr. Colbert explained the determination. Wachter moved, Gustafson seconded, the motion to close the public hearing and approve the final assessment roll for Project 4 86 , E-Z Airpark - storm sewer, and authorize the certification to the County for collection. All voted in favor. PROJECT 461, YANKEE DOODLE ROAD - I-35E TO LEXINGTON AVENUE - STREETS Martin Colon, Federal Land Company, requested a delay until the next meeting so the engineers could examine the matter. Public Works Director Tom Colbert stated he agreed with the continuance. McCrea moved, Wachter seconded, the motion to close the public • hearing and continue the matter for Project 461, Yankee Doodle Road - I-35E to Lexington Avenue - streets until the September 19, 1988, City Council meeting. All voted in favor. nim ion • PROJECT 478, LEXINGTON HILL - SANITARY SEWER McCrea moved, Gustafson seconded, the motion to close the public hearing and approve the final assessment roll for Project 478, Lexington Hill - sanitary sewer, and authorize the certification to the County for collection. All voted in favor. PROJECT 492, LONE OAK 2ND ADDITION/O'NEIL DRIVE - WATER AND SANITARY Francis O'Neil questioned the location of the sanitary sewer. Public Works Director Tom Colbert pointed out the location on a map to Mr. O' Neil. Wachter moved, Gustaf son seconded, the motion to close the public hearing and approve the final assessment roll for Project 492, Lone Oak 2nd Addition/O' Neil Drive - water and sanitary, and authorize the certification to the County for collection. All voted in favor. PROJECT 505, COUNTRY HOLLOW ADDITION - TRUNK STORM AND SANITARY • Public Works Director stated he had received three written objections regarding Parcels 11-59, 10-60 and 20-60. The objections claim they receive no benefits. George Dorfler, Parcel 11-59, protested the assessment. He stated he felt they were included in a high-cost development district and questioned if they were eligible for a credit. Mayor Ellison asked which assessments the Dorfiers and Meyers were paying for. Mr. Colbert stated Parcel 10-60 was assessed only for the trunk storm sewer. He stated there was an equal rate for all single family. He further stated Meyers is a smaller lot whereas Dorfler' s property was larger. He stated they did not qualify for a credit. Jim Meyer, Parcel 10-60, stated he was concerned about future assessments. Mr. Colbert stated there would be no further assessments for trunk storm sewer. Larry Oldenberg, Parcel 20-60, stated he felt there were excessive assessments and wanted to meet with Mr. Colbert in the future. He stated he had problems with the restoration of his yard and driveway and that his mower was damaged. Tom Colbert recommended the three parcels be excluded. Councilmember McCrea wanted the Klein property also excluded. Mr. Colbert stated that normally a written objection is required but he would research the matter. He recommended inclusion at this time. Councilmember Egan informed Mr. Oldenberg to submit a claim to the City for the mower damage. -15- ocosio • Mr. Dorfier stated the record of ownership needed updating. McCrea moved, Wachter seconded, the motion to close the public hearing and approve the final assessment roll for Project 505, Country Hollow Addition - trunk storm and sanitary, except Parcels No. 11-59 , 10-60 and 20-60, with staff recalculating the cost to the three parcels, and authorize the certification to the County for collection. All voted in favor. PROJECT 499, CHAPEL HILL BAPTIST CHURCH - STREETS Wachter moved, Gustafson seconded, the motion to close the public hearing and continue the matter for Project 499, Chapel Hill Baptist Church - streets, to the September 19 , 1988, Council meeting. All voted in favor. COMPREHENSIVE GUIDE PLAN AMENDMENT AND RE-ZONING/LEXINGTON LAND COMPANY City Administrator Tom Hedges updated the Council on the freeway zoning district. He asked direction from the Council on the concept. iCity Planner Dale Runkle explained the freeway zoning overlay concept. Mayor Ellison questioned if it was a voluntary overlay. Mr. Runkle stated the overlay zone would not restrict the use which is already governed by the zoning district; it would only attempt to establish performance standards and try to restrict some of the undesirable uses. Councilmember McCrea stated she liked the overlay approach. Mayor Ellison questioned if they should delay implementation tonight to implement the overlay. Mr. Runkle stated he would prefer the overlay rather than pure freeway zoning. Mayor Ellison questioned how Lexington Land was affected. Mr. Runkle suggested a continuance of the matter. Mayor Ellison asked if Lexington Land objected to the continuance. Mr. Runkle stated not at this time. Councilmember Egan asked how the plan compared with Bloomington. Mr. Runkle stated there are some comparisons and some differences. He stated performance standards were the bottom line. Councilmember McCrea questioned the 120 day limit. Mr. Runkle stated Lexington Land had submitted a letter requesting an extension. McCrea moved, Egan seconded, the motion to continue the comprehensive guide plan amendment for Lexington Land Company and re-zoning of 57 R-3 acres to a planned development district indefinitely to allow the City to finalize its freeway zoning procedure. All voted in favor. -16- RE-ZONING AND PRELIMINARY PLAT/GALAXIE CLIFF PLAZA City Administrator Tom Hedges stated a public hearing was held by the Advisory Planning Commission at the regular meeting 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. He stated the City Council had reviewed the applications, allowed public testimony and spent approximately three hours reviewing the proposal for the Galaxie Cliff Plaza project at the August 2 , 1988, City Council meeting. The matter was sent back to the Advisory Planning Commission for review. The APC reconsidered the Galaxie Cliff Plaza applications at their August 23 , 1988, meeting and recommended approval of the re-zoning and preliminary plat applications as presented. City Planner Dale Runkle stated separate applications had been submitted to the City requesting a re-zoning of 5 .7 agricultural acres to a planned development district for Limited Business use only, and a preliminary plat of 25.36 acres consisting of one 2 .7 acre lot for an office building and two outlots containing 3 .0 acres for the future development with Limited Business zoning. The remaining 19 .7 acres remain agriculturally zoned and are being platted as outlots so the legal descriptions and an overall road layout can be resolved. No development can occur on any of the outlots without going through the public hearing process. Mr. Runkle further stated the previous proposal and development partnership was directed by the City Council to revise the overall plan to include Limited Business use only. Since then the partnership has been dissolved. Tri-Land Properties will still develop the area on the west side of Circulation Drive and William Soules will retain rights to the agricultural-zoned land between Galaxie Avenue and Circulation Drive. The proposal includes both names for platting requirements only. The approximately 3 acre, RB zoned piece in the southwest corner is not included with either the re-zoning or the preliminary plat request. Mr. Runkle stated the overall circulation system remains the same as the previous proposal. The street would be constructed from Galaxie Avenue to the south end of the office building lot with the initial phase. That road would be extended as develop occurs and ultimately have to provide access to the RB piece. Tri-Land Companies has agreed to the PD concept (zoning) for the office lot and two outlots so an overall asthetic compatibility can be achieved. Code requires 116 parking stalls and 171 have been provided for potential cross-parking. Only the amount necessary for the office building • would be constructed until the adjacent users are determined. Only 18 foot length stalls would be required where curbing is provided. -17- crAz Brad Swenson, developer, and Bob Close explained the site landscape design and Circulation Drive and the retaining wall to the Council. Bob Vanning updated the Council on the location of the building, the lighting details, and the architectural details. Brad Swenson questioned condition number 3 and stated it was not correct regarding south of Circulation Drive. Staff agreed that the condition was mis-noted in the minutes. Ellen Hanson, 4900 Safari, read a letter from Mary Winchester, 1830 Karis Way, to the Council. Ms. Winchester was concerned with piece-meal development. Ms. Hanson urged denial of the request and reminded the Mayor of his past promises and statements. She reiterated her concern regarding a conflict of interest and stated she felt the Council had already decided to vote for the matter. Helen Hanson, 4900 Safari, stated she had health, welfare and safety concerns regarding the matter. She stated she appreciated Mr. Wachter' s negative vote on Rahncliff. She questioned who owned the property. She also stated she felt there was a conflict of interest in regards to Councilmember McCrea. She urged denial of the matter until questions were resolved. Scott Elrud, 4978 Safari, stated he felt there is too much development and was concerned regarding the traffic. He urged that the whole area be zoned for office buildings. Greg Maloney, 4713 Westwind, stated he was against the plan. He had concerns regarding the RB zoning. Jim Gallaway, 4841 Sky View, urged rejection of the proposal because he was concerned regarding safety and welfare. Jeff Carlson, 4730 Westwind, asked what safeguards there were against conditional use to allow restaurants. Mayor Ellison stated there would have to be a reappearance before the City Council. Mr. Carlson submitted ownership papers to the Council and outlined the ownership. He stated he did not see a recent submission to Dakota County. Mayor Ellison asked for the status of the 50-foot buffer. City Planner Dale Runkle stated originally there was a 50-foot buffer along Galaxie. He stated Mr. Soules opposes the condition, however, the staff would like it to remain. Mayor Ellison asked if Mr. Soules would have to appear before the Council. Mr. Runkle stated he would have to appear. Councilmember Egan stated he received a letter from Mary Winchester. He stated that if something was on the entire parcel, -18- Page 19/CITY COUNCIL MEETING MINUTES • September 6 , 1988 e) cas 4 14.;1 E suitable to the neighborhood, the matter could be resolved. He stated the project has always proceeded as a PD. Mr. Egan read from the City Code regarding the ordinance and the purpose of a PD. Mr. Egan stated he had two concerns, the first was that the entire parcel is LB. He had reservations about the PD with a single underlying zoning district. He stated he did not want to give up the City' s ability to control the developer through a PD agreement. He felt the present proposal did not give much control. He felt the neighborhood concerns might be justified. He questioned what would happen next time. He stated if approved as shown, the Council has no idea of what the rest of the parcel would be. He had strong reservations about the present proposal. He stated too many things could change and he wanted to know the uses and the layout. He felt if it could not be demonstrated tonight, he felt the proposal was pre-mature. Mayor Ellison questioned if Circulation Drive was a cul-de-sac. He asked why the whole stretch was not built. Mr. Runkle stated Mr. Soules would not dedicate at the present time. Councilmember McCrea asked for clarifications regarding Councilmember Egan' s points. She stated last time a PD was presented to the Council, the Council sent it back. She questioned if the • Council should hold off until knowing the actual users. Councilmember Egan stated the O'Neil property was similar. McCrea stated she sees the street as an infrastructure. She questioned what Mr. Egan meant by purpose. Mr. Egan stated that some things should be removed, but the LB has permitted and also conditional uses. He wanted to know what they are. MrCrea stated she felt it was important not to mislead people and that the categories must be explicit. Councilmember Wachter stated he did not want RB zoning at any point. Councilmember Gustafson stated the Council sent back the last proposal and questioned if that proposal met Mr. Egan' s requirements. He stated the Council could deal with the RB later. He further stated the Council had the opportunity to review the entire parcel and that taking a differing position did not mean the Council did not listen. He stated he believes that the community aid not want LB zoning ever and that it would not matter what was proposed. Mr. Gustafson stated he felt the Council had an obligation to live within the law and that they must do the best they could with the existing LB zoning. He stated it was not feasible to make it residential. He stated the Council had listened and if there was just cause, could change the zoning. He felt that safety was not a reason to deny and that the Council needed to make a decision at the meeting and not delay the project. Mayor Ellison asked if the Council could examine the legality of the entire PD. City Attorney Jim Sheldon stated the Council could examine any development and that there may be legal ramifications. He stated that if the Council approved the prior plan, the developer would have the ball in its court. Mayor Ellison stated that he felt Page 20/CITY COUNCIL MEETING MINUTES OW • September 6 , 1988 the parcel should be taken as an entire package. He felt the split between the owners was unfortunate. He further stated that last time the Council wanted the health club omitted. He felt it would be better to put conditions on the proposal. He stated he would like to consider the original 25 acres. Giving the re-zoning with the PD agreement with the remainder as outlots. Councilmember Egan stated the plan last month should exclude the restaurant (Class B) and the U. S. Swim and Fitness. He felt the PD should be as tight as possible for the City' s sake. He stated he felt Eagan's comprehensive guide plan is good, but must be flexible. He stated that because of changes of circumstances, the Council had the discretion to control uses so they would be compatible with the surrounding neighborhood. He felt he would like the proposal to be brought back to show the uses. Councilmember Gustafson agreed that the health club and retail store should be pulled out and classify the allowable restaurant. Mayor Ellison suggested making them LB outlots as the developers would have to come before the Council again. Councilmember McCrea stated that even with a plan, the developer would have to come back before the Council. Councilmember Egan stated that a PD can be • modified but it must use the public process. McCrea stated that if there were an outlot, any time a developer wanted a change, he would come before the Council. Mayor Ellison recapped the Rahncliff technique. Councilmember Wachter asked if the buffer was no longer viable. Mr. Soules stated the buffer should be in relation to what is there now. He questioned if a buffer would not be required north of Circulation Drive. Dale Runkle stated he was correct. Mr. Soules stated he did not want a buffer on the southern most portion. He stated it was an open plain and he felt he would be donating the land. Councilmember Gustafson stated a PD should deal with the buffer. He would be in favor of dropping the 50-foot buffer and writing landscape controls into the PD. Ellison moved, Gustaf son seconded, the motion to approve the re-zoning of 25 .36 acres from agricultural to LB (Limited Business) planned development district and a preliminary plat for one 2 .7 acre lot for an office building with the remaining property being contained in an outlot, subject to the developer working with staff to obtain a PD that meets the concerns of the Council. Councilmember Egan stated he felt the entire matter should be continued. Page 21/CITY COUNCIL MEETING MINUTES ^`"e�/"`' ir' Ltd September 6 , 1988 City Administrator Tom Hedges stated there were two ways to approach the matter, either approve the Mayor' s motion or plan the PD first. He stated that with Rahncliff, they authorized the agreement and then re-zoned. Mayor Ellison stated the Council was not limiting the City' s options regarding Mr. Soules. He stated it would be a PD. Councilmember McCrea stated that the proposed conditions should apply to the 2 .7 acres of office building except for condition number 3 . Mayor Ellison stated he felt the entire PD should be completed before the next meeting. Mr. Hedges stated that once the property was granted its re-zoning, it could not be revised. Mayor Ellison questioned that if it was re-zoned contingent on the PD, did that address the concerns. Councilmember Egan stated that a PD requires tieing down the development and that the Council should know the uses. He stated the Council had dealt with larger areas. Mayor Ellison stated that there were two owners involved with the proposal. Ellison, Gustafson, and McCrea voted in favor; Egan and Wachter were opposed. The motion failed. Egan moved, Wachter seconded, the motion to continue the matter. Councilmember Egan stated he felt the matter should be continued and felt the developer should show the development on the entire parcel , even if it were a reasonable phase development. Mayor Ellison asked the developer ' s opinion. Brad Swenson stated he was forced to work with parties with different view points. He stated that he was frustrated and felt it was not practical to have just office zoning. He stated he lacked direction and questioned how he should work with the people. Mr. Egan stated if it were not a PD, they could go to straight zoning. McCrea stated the Council had gone full circle and they would be in the same spot they were at the last meeting. The developer stated they were trying to follow an overall PD and that they needed to move forward. Mayor Ellison questioned what would happen beyond the 120-day limit. City Attorney Jim Sheldon stated the preliminary plat would be approved without further action and that the Council must act on the preliminary plat or it would be approved. However, since the previous motion for approval had failed, that would serve as a denial. Egan and Wachter voted in favor; McCrea, Ellison and Gustafson • were opposed. The motion failed. McCrea moved, Gustafson seconded, the motion to approve the re-zoning of 5 .7 agricultural acres to a planned development district '&J ! 9k) for Limited Business use only. McCrea, Ellison and Gustafson voted in favor; Wachter and Egan voted against. The motion failed. Councilmember Egan stated he felt the motion called for the developer to do a lot of work but that he felt the Council did not have a choice. Mayor Ellison questioned if there were any other motions. Mr. Egan requested the Council reconsider his previous motion. Councilmember McCrea asked the Council if they would reconsider her motion if she excluded the PD. Councilmember Gustafson stated that straight zoning is to go to LB zoning. He felt that to put it under a PD, it would be different and it would not be straight zoning. Egan questioned if there could be more control than a PD. Gustaf son questioned the architectural design. City Planner Dale Runkle stated the developer far exceeds that which would be required under straight zoning. Mr. Egan questioned if the Council was going to have to sit through this again for each proposal. Gustafson moved, McCrea seconded, the motion to approve the re-zoning of 25.36 acres from agricultural to Limited Business. Wachter, Gustafson, Ellison and McCrea voted in favor; Egan was opposed. Gustafson moved, McCrea seconded, the motion to approve the previous conceptual plan eliminating the health and fitness facility, the restaurant and the retail store, making them outlots, and other uses as designated. Wachter, Gustafson, Ellison and McCrea voted in favor; Egan was opposed. Gustaf son moved, McCrea seconded, the motion to approve the preliminary plat on 2 .7 acres subject to the following conditions, and make the entire 25.36 acres a planned development district which planned development is to be submitted as soon as possible or at the next scheduled Council meeting: 1. These standard conditions of plat approval as adopted by Council action on September 15 , 1987 shall be complied with: Al, Bl, B2 , B3 , B4 , Cl, C2, C3, C4 , C5 , D1, El , Fl and Gl . 2. A Planned Development Agreement shall be entered into for a five-year period. 3. The trash shall be contained within the office building on Lot 1, Block 1, or be attached using the same materials as the office building. 4 . All signage shall be subject to the one-time sign fee of $2 .50 per square foot and other sign ordinance requirements. -22- 5. All outlots shall be reviewed by the Advisory Planning Commission and the City Council. 6. The shared parking concept, parking up to the north property line on Lot 1, Block 1, shall be approved. 7 . The overall design layout for Circulation Drive shall be approved as proposed on the preliminary plat. 8. All rooftop mechanical equipment shall be screened. 9. All sides of the buildings shall be treated architecturally with the same materials. 10. The parking lot layout for Lot 1 , Block 1, shall be revised, having 18 '-length stalls where curbing is provided. 11 . All landscaping shall be compatible in size, specie, and quantity. Effort to save existing hardwood species shall be demonstrated wherever possible. 12. All site generated storm water runoff is required to be • conveyed to Pond AP-I4. 13 . The development is required to submit the detail plans and specifications for the proposed retaining wall construction for staff review and approval prior to final plat approval. 14. The site plan details of the proposed Lot 1, Block 1 , development are subject to further review and requirements as a part of the final plat review process. 15. The developer agrees that the following uses will be prohibited in the Planned Development: radio/tv, outdoor storage, lodges, swimming pools, garden store, movie theatres and municipal-type buildings. All voted in favor. Councilmember Wachter stated he changed his vote to allow City controls, otherwise the controls would be lost. MEDIAN CUT/BLACKHAWR PLAZA SHOPPING CENTER City Administrator Tom Hedges stated that at the August 16, 1988, City Council meeting, Mr. Luther Stalland, representing the Blackhawk Plaza Shopping Center development, appeared and requested a • left-turn median cut to provide entrance to the Blackhawk Shopping Center for traffic moving eastbound on Diffley Road. At that meeting, the City staff represented that the City' s consultant, Mr. Glen Van Wormer of SEH, had recently recommended that the median cut not be -23- allowed with reasons that are consistent with the Dakota County transportation standards. Mr. Stalland claimed that Mr. Van Wormer' s recent position was inconsistent with a previous position on a median cut and asked that a meeting be held to further discuss the matter. The City Council continued the item until the September 6 , 1988 , meeting to allow Mr. Van Wormer, representatives of the City staff and Mr. Stalland to meet and further discuss the median cut. In his letter to the City dated August 22, 1988, Mr. Van Wormer recommended that the City not take positive action on the median opening. Mr. Van Wormer stated that Dakota County is responsible for traffic operations along Diffley Road and had been somewhat adamant in their refusal to provide a median opening. The fact that the County had granted an entrance onto Diffley Road based on the agreement that the developer would not pursue a median opening, indicated the concern that the County had over proper operation of the roadway. Luther Stalland recapped his meeting with Mr. Van Wormer for the Council. He suggested a way to make the median cut. He stated he felt Mr. Van Wormer ' s letter was "off the wall" considering what was agreed to at the meeting of August 19 , 1988. Richard Wolsfeld discussed the following: 1. Detailed plan; 2. Advantages/disadvantages; 3. Van Wormer's proposal. He stated the City could signalize the cut if there was a problem and that the developer would pay for the median and the off-ramp. He stated that a left turn increases customers and that u-turns are dangerous. He felt the cut would not cause safety problems. The developer requested the City not object to the project. Mayor Ellison asked Mr. Runkle if the developer was correct in saying that Mr. Van Wormer changed his opinion. Mr. Runkle stated there was discussion but that nothing was agreed to at the meeting. The developer stated that at the end of the meeting, he felt they agreed to the solution. Mr. Runkle stated Mr. Van Wormer was to get back to the developer on the matter. Mayor Ellison asked Mr. Colbert what he suggested in the matter. Mr. Colbert stated he had not been involved and questioned how it would get through the County. He did not foresee any problems which would cause the City to be strongly against the project. He stated that not having the median would promote u-turns and that a left-in • may be less of a problem. He further stated he was sensitive to the County guidelines. -24- City Administrator Tom Hedges stated that Doris Wilkins had just telephoned him and she stated she was opposed to the median cut as an APC member and a resident. The developer stated there was already a median cut to the west of Blackhawk. He stated the agreement was signed under duress. Councilmember Wachter stated the ball was in the County' s court and felt that the median would eliminate u-turns. He felt there would be a detriment in the traffic cutting in. Gustafson moved, Wachter seconded, the motion to approve allow the petitioner to go to the Dakota County Board of Commissioners with no reccomendation from the City. Wachter, Gustafson, Ellison and McCrea voted in favor; Egan was opposed. ORDINANCE AMENDMENT TO CHAPTER 4/CERTIFICATE OF SURVEY City Administrator Tom Hedges stated that during the spring of 1988, Chapter 4 of the City Code was amended that required a • Certificate of Survey for the expansion of any existing residential structure within the community. After the ordinance was adopted and after additional review by the City staff, it was determined that the ordinance was far too restrictive and did not address the concerns originally expressed by the Protective Inspections Department. Mr. Hedges stated that at the last City Council meeting the annual ordinance codification was updated and the City Attorney' s office was directed to prepare modifications to Chapter 4 regarding a change in the Certificate of Survey requirement. Wachter moved, Egan seconded, the motion to approve an ordinance entitled "Construction Licensing Permits and Regulation, Including Fines, Excavations and Mobile Home Parks" by requirements for a surveyor's certificate for new construction and by adopting by reference Eagan City Code, Chapter 1 and Section 4 .99. Wachter, Ellison, McCrea and Egan voted in favor; Gustafson was opposed. EXTENSION OF FINAL PLAT/OAR CLIFF POND Gustafson moved, McCrea seconded, the motion to continue indefinitely the extension of the preliminary plat for Oak Cliff Pond 2nd Addition to allow for staff review. All voted in favor. CURBSIDE RECYCLING PROGRAM City Administrator Tom Hedges stated that the Solid Waste • Abatement Commission had been meeting on a regular basis to explore, review, research and consider a curbside recycling program for the City of Eagan. At its meeting of August 23 , 1988, the Commission recommended that the City Council adopt a modified open hauling approach to implementing the curbside recycling program. It was -25- • recommended that the City Council accept the modified open hauling alternative for implementation of curbside recycling prior to April 1, 1989. Jon Hohenstein recognized the Solid Waste Abatement Commission members. He updated the Council on the Commission' s actions. He stated there was substantial incentive for fast action on the matter. Councilmember Egan asked what the capital outlay would be for the project. Mr. Hohenstein stated there would be a need to buy the containers. He outlined other options. Mr. Egan questioned what type of container. Mr. Hohenstein stated the container would hold approximately one week' s rubbish. An industry spokesman stated the City must make a choice. The proposal would eliminate people having a freedom of choice. He stated that minimizing the trucks was not compatible with freedom of choice. Mr. Hohenstein stated that there would be a need for an ordinance amendment. Mr. Hedges stated the Council should give time for the BFI lawsuit decision. • Gustafson moved, Egan seconded, the motion to approve adoption of the recommendation of the Solid Waste Abatement Commission to accept the modified open hauling alternative for implementation of curbside recycling prior to April 1 , 1989, subject to periodic review by the City Council. All voted in favor. Councilmember Wachter asked it if would be curbside and not plant separation. Mr. Hedges stated he was correct. Councilmember McCrea questioned the cost to the City in staff time. Mr. Hohenstein explained the diminishing County reimbursement. SPECIAL PERMIT/TEMPORARY ON-SITE ADVERTISING SIGN/TOWNHOMES OF HILLANDALE Wachter moved, Gustafson seconded, the motion to approve the special permit for a temporary advertising sign for the townhomes of Hillandale, subject to the following conditions: 1. A one-time fee of $2 .50 per square foot shall be paid. 2. All other applicable City ordinances shall be adhered to. All voted in favor. • Mayor Ellison suggested the City may want to examine the signs in the future. -26- Ja� ti""s SPECIAL PERMIT/TEMPORARY SIGN/BURNSVILLE LUMBER COMPANY Gustafson moved, Egan seconded, the motion to approve the special permit for a temporary advertising sign for Burnsville Lumber Company, subject to the following conditions: 1. A one-time fee of $2.50 per square foot shall be paid. 2. The sign shall be no more than 4 ' by 4 ' and may only be erected and maintained between April 1 and November 1 , 1988. 3. The sign may be only erected and maintained within a one-half mile radius of the unidentified development. 4. All other applicable City ordinances shall be adhered to. Wachter, Gustafson, Ellison and Egan voted in favor; McCrea was opposed. . SPECIAL PERMIT/TEMPORARY ADVERTISING SIGN/SIENNA CORPORATION City Administrator Tom Hedges stated the Sienna Corporation had requested a special permit to allow an existing sign to remain located in Outlot H, advertising model homes in the Eagan Hills Farms development. The sign is located at the intersection of Bridle Ridge Road and Wescott Road. Mr. Hedges stated a separate application for a special permit was submitted by Sienna Corporation for Outlot J to allow their existing sign to remain located at the intersection of Elrene Road and Wescott Road. Mayor Ellison questioned the need for both signs. Mr. Runkle stated there were entrances from two different points. Mr. Egan questioned why they had not applied first. Wachter moved, McCrea seconded, the motion to approve one special permit for Sienna Corporation to allow one existing sign to remain at either Outlot H, Bridleridge Addition or Outlot J, Bridleridge Addition, subject to the following conditions: 1. A $2 .50 square foot fee be paid to the City. 2. This sign shall be removed one year from the date of the City Council approval. 3 . This sign shall meet all Code requirements. • All voted in favor. -27- WAIVER OF PLAT/B. H. GRACE CORPORATION Egan moved, McCrea seconded, the motion to approve the Waiver of Plat for B. H. Grace Corporation. All voted in favor. R88.67 VARIANCE/NEW HORIZON HOMES City Administrator Tom Hedges stated an application had been submitted by New Horizon Homes requesting a 2 .33-foot variance to the minimum 30-foot required setback from public right-of-way for Lots 14 and 15, Block 2, Thomas Lake Heights. Councilmember Egan stated he felt the matter was thin on hardship. The applicant stated the four lots have been setting for four years. Mayor Ellison questioned why the building was not set back. The developer stated it was too far to the rear. Egan moved, McCrea seconded, the motion to approve the variance for a 2 .33-foot setback where a minimum of 30 feet is required from public right-of-way. Gustafson, Ellison, McCrea, and Egan voted in favor ; Wachter was opposed. WAIVER OF PLAT/SPLIT LOTS EAGANDALE CENTER City Administrator Tom Hedges stated a public hearing was held by the Advisory Planning Commission at their August 30, 1988, meeting to consider a Waiver of Plat in order to split Lots 14 and 16, Block 7 of the Eagandale Center Industrial Park and combine them into two lots consisting of 7 .2 acres and a conditional use permit for outside storage and a pylon sign located along the west service road in the east half of Section 3 . The APC recommended approval of both applications to the City Council. Mayor Ellison questioned of the outside storage was a benefit. Bob Worthington (Opus Corporation) concurred with the staff requirements. He stated the outside storage which was located by the railroad tracks was used by GE and was not visible from the freeway. He stated the conditional use permit would give the Council control. Gustafson moved, Wachter seconded, the motion to approve the Waiver of Plat in order to split Lots 14 and 16, Block 7, of the Eagandale Center Industrial Park and combine into two outlots totaling 7.2 acres, subject to the following conditions: 411 1. The development limit its storm water outflow into the City storm sewer to 0 .5 cfs. 2 The proposed entrances from public right-of-way are required to be 30 feet wide with concrete valley gutters. -28- *' r-4rt • 3 . All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City Codes and engineering standards and policies and approved by staff prior to recording of Waiver. 4 . A detailed grading, drainage, erosion and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to recording of Waiver. 5. If any public improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to recording of Waiver. 6. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. 7 . All signs shall be subject to the one-time sign fee of $2 .50 per square foot. 8. The developer and owner of the southerly portion of Lot 14 shall combine this parcel of land with the southerly portion of Lot 16 under one tax identification parcel number with the Dakota County Auditor. All voted in favor. Gustafson moved, Egan seconded, the motion to approve a conditional use permit for Opus Corporation to allow outside storage. All voted in favor. Gustafson moved, Wachter seconded, the motion to approve a pylon sign for Opus Corporation on the southern Parcel A of Eagandale Center Industrial Park. All voted in favor. R-88.68 PRELIMINARY PLAT/SENECA PLANT ADDITION City Administrator Tom Hedges stated a public hearing was held by the Advisory Planning Commission at their regular meeting held on August 23 , 1988, to consider a preliminary plat consisting of 87 .83 acres for the expansion of the Seneca Waste Water Treatment Plant. The APC recommended denial of the plat. City Planner Dale Runkle updated the Council on the matter and stated there were three reasons the APC denied the project: • 1. The west expansion; 2. The odor problem; and -29- Ir°f 3. The grades of peat. The Metropolitan Waste Control Commission provided an additional memo to the Council. Bob Isaacson (MWCC) outlined the history of the project for the Council. He stated the MWCC has taken the following steps: 1. They have implemented an odor control in the past and are expending $3 million in future expansion. 2 . They have pinpointed the odor sources. 3. They have explored expansion to the east. However, the western expansion is preferred for hydraulic and other uses. 4. They have provided for the installation of an after-burner in the incinerator. He also addressed the flood plains concerns and other APC concerns. He stated they have complied with the preliminary platting requirements. He also outlined the advantages of the MWCC proposal. Councilmember Gustafson referred to page 207 of Mr. Edward J. DeLaForest of the MWCC, which stated the mirror image plan would not work. He asked the developer to explain the discrepancy. The developer stated they could go east but all needed facilities would not fit to the east. He stated the east would be least efficient. He further stated the cost is not an over-riding issue. Paul Moritz (HDR) stated that to go east there would be grade problems. He stated that splitting the plant was not desirable and that going west was best based on the these considerations. Mayor Ellison stated he was concerned about Eagan becoming too much of a receiver of sewage. He felt that they may be taking more than their fair share. The developer stated there were no future expansions planned and that there were no plans to become "Pigs Eye". Councilmember McCrea asked how long after the expansion would the facility be at capacity. The developer stated twenty years. McCrea questioned if other options were explored. The developer stated it would not make sense. He stated some of the options would be to phase the plant out, build a new plant or ship to "Pigs Eye". • Councilmember Gustafson questioned what rights the City would have to deny the project. City Attorney Jim Sheldon stated he could not give a definitive answer but effluent standards, etc. , could not -30- be set. He stated the City could control platting to a reasonable degree. Gustaf son stated he felt Seneca may not be a good neighbor in the area of the odor problem and questioned why it had not been handled sooner. The developer stated the controls to the present have been stop gap in nature. He stated odor control is a very complicated procedure. Gustaf son asked why the matter had not been controlled in the past. Councilmember Egan asked what controls would the City have if the development expanded and they don' t keep their odor control promises. Betty Bassett, 2101 Wuthering Heights Road, stated she felt there was not enough preliminary information obtained. She recapped the APC' s impressions. She also handed out newspaper articles dealing with the MPCC lawsuit. She stated she was frustrated with the public comment procedures for environmental impact agencies. She further questioned the zoning. She felt there were vague threats not to remove the smell unless the development was approved. She requested denial and postponement of a decision. • Councilmember Wachter stated he felt the matter should either be continued or denied because of the late hour. Mayor Ellison questioned if the matter should be discussed at the next meeting. The public stated they felt the matter should be continued at this meeting. Councilmember Wachter stated the problems existed for 18 years. Councilmember McCrea stated she felt there should be a continuance in order to address the neighborhood concerns. Ted Tennis, 2135 Wuthering Heights Road, questioned the peat mound height. He further questioned the east expansion and stated that Eagan was getting a larger sewage plant. Al Errins, 2133 Silver Bell, questioned what percentage of the smell would be eliminated. He also had concerns regarding the peat mounds and stated charcoal filters did not work. He further stated he felt he had lost home value. Mike Hazel, 2129 Silver Bell, stated that the residents were in the area before the Seneca Treatment Plant. Mayor Ellison requested that Mr. Runkle address the zoning concern. Mr. Runkle stated the comprehensive guide plan called for LI zoning. Councilmember Gustafson questioned which residential area • would be phased out. Mr. Runkle stated the homeowners would gradually be phased out. Councilmember Egan questioned if this was a permitted use for LI zoning. Mr. Runkle stated the history of the plant tends to support the correct zoning. -31- Page 32/CITY COUNCIL MEETING MINUTES September 6 , 1988 st.yM 4- °'P Doug Warner (developer) stated there was no wetland authority over the area. Councilmember Wachter stated that the McKey Addition was also in the middle an area that the Comprehensive Guide Plan showed as Light Industrial. Councilmember McCrea said she was leaning towards a motion to deny the preliminary plat. Councilmember Egan stated he was trying to be objective and that the expansion was largely caused by Eagan. He further stated he could not think of terms to control the MWCC. He felt they must be able to show their ability to control the odor first. Mayor Ellison stated he felt the matter should be continued to allow MWCC to do their research. Councilmember Wachter stated he felt a two-month continuance or whenever the MWCC was ready to come back before the Council was in order. Councilmember Gustafson stated the odor problem is a separate issue. He felt the odor problem needed to be resolved and also he • requested asthetic considerations if the expansion were to be to the west. Councilmember Wachter stated the peat should not be allowed to pile up. Mayor Ellison stated the present plan should be improved now. City Administrator Tom Hedges stated the MWCC should grant continuance. Bruce Baumann, Precinct Commissioner, stated he could not commit to the extension. Mayor Ellison stated he should consent to the continuance or the Council would deny the proposal. Mr. Baumann agreed to a 60-day continuance. Councilmember Egan suggested an examination of the re-zoning as well. City Administrator suggested either November 1 or November 15 for the re-hearing. Wachter moved, Gustafson seconded, a motion to continue the matter until the November 1 , 1988, City Council meeting. All voted in favor. PRELIMINARY PLAT/WESCOTT SQUARE ADDITION City Administrator Tom Hedges stated a public hearing was held by the Advisory Planning Commission at their July 26, 1988, meeting to consider a preliminary plat entitled Wescott Square Addition, consisting of 71 owner-occupied townhouses of 9.83 previously zoned R-3 acres. He stated the matter was continued by the APC to their August 23 , 1988, meeting to address four specific points: Page 33/CITY COUNCIL MEETING MINUTES ?^-.; 7 • September 6 , 1988 1 . To obtain a tree census regarding the location and types of trees. 2 . To review the playground issue regarding tot lots. 3. To review the issue regarding the open space and a reduction of the density. 4 . To review and clarify the ordinance question. Mayor Ellison questioned how many of the units would be under 6,000 . Mr. Runkle stated approximately 51 . Councilmember McCrea questioned if they were public or private streets. She further questioned if the private streets had been deducted. Mr. Runkle stated private streets are not deducted. Councilmember Egan questioned if the green space had been resolved. Mr. Runkle stated yes. The developer stated the neighborhood concerns had been addressed. He further outlined the prices for the Council. 411 Councilmember Gustafson stated that 55 would be under the requirement but that the total average was above 6 ,000. He asked if it was rental property. The developer stated no, it was owner-occupied. Mayor Ellison stated he was uncomfortable with the small size. The developer stated the outlots are subtracted from the size. Mr. Gustafson stated that ownership requires 6,000 square feet. He stated 3 ,000 plus is a significant variance. City Planner Dale Runkle stated it would meet the requirements if a different platting technique were used. Mr. Egan stated he felt that they were still below the maximum for the site. Mayor Ellison questioned the inside square footage. The developer stated it was 1734 and upward. Egan moved, Gustafson seconded, the motion to approve the preliminary plat for Wescott Square Addition/New Horizon Homes of 9.83 R-3 zoned acres for 71 units, adjacent to Yankee Doodle and Elrene Road, subject to the following conditions: 1 . These standard conditions of plat approval as adopted by Council action on September 15 , 1987, shall be complied with: Al, Bl, B2 , B3 , B4 , Cl, C2, C3, C4 , C5 , Dl, El , Fl, and Gl . 2. A copy of the townhouse bylaws shall be submitted to the City Attorney for review. 3 . The developer shall comply with all ordinance amendments approved on July 5 , 1988 including exterior finish, garage size, and impervious surface coverage. kit:t.�._F zr 4 . All trash shall be contained in the garages until the day of pickup. 5 . The drainage swale along the southerly portion of Block 3 will not be allowed. 6 . The Development is required to submit engineering documentation for staff review and approval for the proposed retaining wall. 7 . The Development is required to contain ponding areas entirely within the boundaries of the Development. 8 . The Development is required to provide a 4 cfs storm sewer outlet and a sanitary sewer service stub to Parcel #013-01. 9. The Development is required to provide individual sewer and water service to each proposed unit. 10. Council authorization of a public improvement to provide the downstream storm sewer system and upgrade Kost and Elrene Roads to the appropriate urban section is required prior to final plat approval. All voted in favor. MODEL HOME PERMIT/WOODLANDS 2ND ADDITION Gustafson moved, Egan seconded, the motion to approve a model home permit for Lot 7, Block 1, Woodlands 2nd Addition. All voted in favor. DISTRIBUTION/1988 COMPREHENSIVE PLAN UPDATE City Administrator Tom Hedges stated that in accordance with past Council direction and budgetary allocations, the consulting engineering firm of Bonestroo Rosene Anderlik & Associates, Inc. had completed a most recent revision and update to the comprehensive plans for the City sanitary sewer and water infrastructure system. He stated formal Council review and approval would be scheduled for the October 6 , 1988, Council meeting. There was no action necessary on this item. PLANNED DEVELOPMENT AGREEMENT/COMPREHENSIVE GUIDE PLAN AMENDMENT/RAHNCLIFF 2ND ADDITION/AUSTIN COMPANIES • This matter was Item 0. on the consent agenda. Councilmember Egan stated he was uncomfortable with the matter being on the consent agenda. He felt the summary did not address the -34- Page 35/CITY COUNCIL MEETING MINUTES ,q'4 n--r): September 6 , 1988yv. 4.. `� Council concerns. City Administrator Tom Hedges stated he had questioned if the matter should be on the consent agenda and the Council had agreed. He stated perhaps it was incorrect to not include the PD agreement. Egan stated the traffic concerns were not addressed on the summary. Mr. Hedges stated he should have prepared an executive summary for the Council. Councilmember Egan asked Mr. Colbert about the transportation study and the intersection problems. Mr. Colbert stated he was not aware of any site specific traffic analysis. However, they could be performed. There was much discussion concerning the technique of the consent agenda approval. Councilmember Egan stated he would like to see the summary before the approval of the matter. Mr. Hedges stated the developer is concerned about the timing. Egan moved, Ellison seconded, the motion to continue the • comprehensive guide plan amendment, re-zoning of 16 .8 LB and RB acres to a commercial planned development district and a preliminary plat for Rahncliff 2nd Addition until 8:00 p.m. at the September 13 , 1988, City Council meeting. Gustafson, Ellison and Egan voted in favor; McCrea was opposed. Councilmember Wachter did not vote. G. 0. FIRE FACILITY BONDS/G. 0. EQUIPMENT CERTIFICATES OF INDEBTEDNESS OF 1988 City Administrator Tom Hedges stated there was a need for two resolutions regarding the bonds. Gustafson moved, Egan seconded, the motion to approve a resolution relating to the issuance of G. 0. Fire Facility bonds, Series 1988 B. All voted in favor. Egan moved, Gustafson seconded, the motion to approve a resolution awarding the sale of 350 million G. 0. Equipment Certificates of Indebtedness of 1988. All voted in favor. 1989 BUDGET Copies of the draft 1989 budget were presented to the Councilmembers. • A special City Council meeting was scheduled for September 13, 1988, to discuss the draft 1989 budget. r 0 N r^' ki'L;c..:k,. COUNCIL DISCUSSION Councilmember Gustafson stated he felt Astleford should give up the RB zoning voluntarily, otherwise the zoning should be changed. Mayor Ellison requested the staff investigate the concern. Councilmember Egan stated he felt the Council should consider not having meetings after Labor Day. Councilmember McCrea had concerns regarding the speed limit on Galaxie Road in Eagan. Public Works Director Tom Colbert stated the sign would be changed. It was questioned whether the Lexington South Tri-Land letter had been sent. Mr. Colbert stated part of the HUD property was tied up in a title dispute and that insurance would be called regarding the issue. Councilmember McCrea stated she would like a breakdown of the park costs on an annual basis. She felt the budget was too high. BILLS Gustafson moved, Egan seconded, the motion to approve the checklist dated September 6 , 1988, in the amount of $1,968,816 .38. All voted in favor. ADJOURNMENT Upon motion duly made by Gustafson, seconded by Egan, the meeting was adjourned at 2 :47 a.m. All voted in favor. CITY OF EAGAN ‘, B F Eug1 e VanOverbeke Its: City Clerk -36- IC lc September 1, 1988 Mr. Thomas Colvert Director of Public Works City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Colvert: Thanks for making me aware of the opportunity for becoming a committee member for the Eagan Water Quality Management Program. Although I have only been an Eagan property owner for a short while, I have spent a good deal of time investigating the possibility of obtaining federal and/or state funding for the cleaning the lakes of Eagan. I would be delighted to discuss some of the information I have relating to the available federal and state programs we might qualify for. I look forward to helping in any way possible to acquire some of the funding and also to working with other members of our community in meeting our goals for protecting, maintaining and improving Eagan's very valuable water resources. I' ll be looking forward to hearing about the committee's decision as to approval of my membership. Please call me at 853-7820 at your earliest convenience. Thanks again. I appreciate your consideration of my application. Sincerely, 41611r4L-L Barb Agne • • '.palter C. Ha.uiLer 1341 &;ocher T•r. 2 : e„t . 1'233 honor:.b1 .;Tor • no Council City of r jan iotFr.ob RE: Cl G rvitv: ,,iultion, lot Im rove nte :ruuct x;1;5 , File 1/29464 honor;:L1e .•:.yor .r:d Council; I L..:_ in favor of the street ii rovenients proposed for Bey cher Lr. Len,-)re in Cle rview Audition. I we in f:ovor of the improvemente. in 1979 when it 14L.1 rO ,O�eG. i.:y ;.i.'e and I do object to the arbitrary aseee e:aent of all the lot. ecu:;lly r<:ther ti. r. by the time honored method of the front foot zyLtem. Your: Trtl �.r. .gal ter naL:L.c.r c III 2 Sep. 1964 Dale Peterson 1342 be ecner Dr. re i-an, itii 5122 Block 2, Lot 3 Clearview Addition honorable Mayor and Council City of EaEan 3;0 Pilot Knob Rd. La r., ML; 5P2 he Clearview Addition Street Improvements Project yT^,4; , File P49464 honorable Mayor end Cou::cil : 1 am in favor of the street improvements proposed in project nbr. -)45, however I do have some cuestiors and objections which I ' v.ould like broufht before the Council. They are as follows : 1 . The unasse:sed cost from Project 1472 of V5/66 in the sum of w9, 4 , should be borne by the State of Minn. DOT. As I understand it a portion of Block 1 adjacent to Blackhawk Rd. was used by the State to accoLadate the Eden Addition. I object to the fact that the residents of Clearview are being asked to subsidize the(l II:N DOT). 2. I object to the proposal that each lot be assessed the same amount regyrdless of the front footage. I do not desire to subsidize oversize and cornor lots. ,;. It is .ny understanding that when the sewer and water were installed in 1973 the City of Eawan was due a penalty refund from the contractor. This sum Would then have been applied to the coat ofstrett uavinE at the time had the residents so elected. In my opinion the residents of Clearview Addition should still be entitled to have this Luc. applied to the current Project ,x:545, I believe this question dwarves an answer, thank you. Sir. ely : 1 a4 d Dale A. i'eterson • L • 4^1 e.,r-- Ernest F. Horning 1835 Beecher Drive Eagan , Mn 55122 Block 1 lot 4 Clearview Addition Honoraable Mayor and Council City of Eagan 3830 Pilot Knob Road Eagan , Mn 55122 Re : Clearview Addition Street Improvements Project No , 545 Dear Mayor and Council : I am in favor of the proposed street improvements proposed in Project No , 545 . I do however have the following objections . 1) The recommendation to assess project No . 545 for the $9, 334 of unassessed cost from Project No . 472 . These costs • should be borne by the Minnesota DOT , 2) The proposal to divide the total cost by the number of lots in the project . The general method of assesment is by the front footage . I do not feel I should be required to subsidize those who chose to build on corner lots . Sincerily , Ernest F. Horning 411