04/03/1990 - City Council RegularPAGE 2 /EAGAN CITY COUNCIL MINUTES
APRIL 3, 1990
DEPARTMENT HEAD BUSINESS
PROJECTS 466 510 /STREETLIGHT INSTALLATION
A. Personnel Items:
CONSENT AGENDA
00108
Councilmember Pawlenty requested a correction on page 14, paragraph
7: the last sentence, after the word, "entity," should read, "owning the
facility which will have no assets."
Councilmember McCrea requested corrections on page 16, paragraph 3:
the third sentence, after the word, "to," should read, "the YMCA." and
the sixth sentence, after the word, "would," should read, "consider
expediting a YMCA with ice on a donated site."
Gustafson moved, Wachter seconded, a motion to approve the minutes
of the March 27, 1990, special City Council meeting. Aye: 5 Nay: 0
The Council briefly discussed the financing and placement of
streetlights to be installed at major intersections. Councilmember
Wachter asked whether the County would participate in the funding of
these installation. The Director of Public Works said the County does
not fund streetlighting; however, because the streetlights are associated
with upgrading of major County roads, they could be financed through the
Major Street Fund.
McCrea moved, Gustafson seconded, a motion to approve the upgrade,
relocation, and installation of major intersection streetlights under
Projects 466 and 510 (Cliff, Diffley and Pilot Knob Roads). Aye: 5
Nay: 0
1. It was recommended that Kelley Janes be hired as a utility
maintenance worker for the City, subject to successful completion of the
City's physical examination requirement.
2. It was recommended that Bruce Koopmeiners be hired as a spring
seasonal utility maintenance worker.
3. It was recommended that the following be hired as spring
seasonal park workers: Curtis Haider, Thomas Mullin, Mark Johnson, Steve
Baehr, Brent Tait, Bruce Schlie, Erick Perezflores, Joseph Larkin, Jerry
Smith, Velta Martin, Richard Kluender, Joseph Loma, Michael Kostka, Brent
Eichten, and Nancy Oswald.
4. It was recommended that the Council ratify the hiring of Jeff
Kadlec as a spring seasonal street maintenance worker.
5. It was recommended that the Council ratify the transfer of Lauri
Tripp to the position of Crime Prevention Officer.
PAGE 3 /EAGAN CITY COUNCIL MINUTES
APRIL 3, 1990
00109
6. It was recommended that CSO Dan Mason be hired as a Police
Officer effective May 1, 1990.
7. It was recommended that the resignation of Investigator Dale
Brule from the Eagan Police Department be accepted effective May 30,
1990.
8. It was recommended that Dale Abram, Todd Kirchgatter and Caridad
Arendale be hired as Community Service Officers subject to successful
completion of the City's physical, psychological and drug testing
examination requirements.
9. It was recommended that John Olinger be hired as the temporary
Administrative Intern.
Councilmember McCrea said she would continue to encourage the hiring
of qualified women.
B. Plumbers Licenses.
It was recommended that the following plumbers' licenses be
approved: 1) Aaron's Plumbing; 2) Advanced Plumbing Heating, 3) Madsen
Plumbing Heating, 4) Marty's Excavating, 5) Star Plumbing, and 6)
Stillwater Plumbing.
C. Proiect 594, Authorize Feasibility Report (Pond LP -67).
It was recommended that the feasibility report for Project 594 (Pond
LP -67) be approved.
D. Contract 90 -06, Approve Plans /Authorize Advertisement for Bids
(Cray Addition, Coventry Pass Effress Addition Storm Sewer).
It was recommended that the plans for Contract 90 -06 (Cray Coventry
Pass 2nd and Effress Additions Storm Sewer) be approved and the
advertisement for a bid opening to be held at 10:30 a.m., Friday, April
27, 1990, be authorized.
E. Project 87 -00. Acknowledaement of Completion (Country Hollow
Streets Utilities).
It was recommended that the completion of Project 87 -QQ (Country
Hollow Streets Utilities) be acknowledged and the assumption of
perpetual maintenance responsibilities be accepted subject to appropriate
warranty provisions.
F. Final Plat, Park Center.
With approval of the agenda, the Park Center final plat was
recommended for continuance.
°Glib
PAGE 4 /EAGAN CITY COUNCIL MINUTES
APRIL 3, 1990
G. Final plat. Duckwood Square.
With approval of the agenda, the Duckwood Square final plat was
recommended for continuance.
H. Final Plat. Frank's Nursery and Crafts Addition.
With approval of the agenda, the Frank's Nursery and Crafts Addition
final plat was recommended for continuance.
I. Schedule Public Hearings for Rezoning Process. 16 Parcels
Adopted in an R -4 Study.
Pat Hoffman of Hoffman Development Group approached the Council
regarding this item. Mr. Hoffman had concerns regarding rezoning of a
parcel referred to as Area M. It is a 60 acre parcel north of Diffley
which is part of a larger Planned Unit Development. The PUD agreement
runs until 1993. Present zoning allows for R -4, which under the PUD
would permit 16+ units per acre. Mr. Hoffman went on to express concern
that this was included in the R -4 study with its PUD zoning. If the
property remains undeveloped in 1994, he said it could be best looked at
then. He added that the Hoffman Development Group would be happy to work
with the City; however, the City should recognize it has a contract.
Mr. Hoffman also expressed concerns regarding a moritorium. He said
they have had interest in the property within the past 60 -90 days.
Because discussion of any type of rezoning would have a negative impact
upon the sale of the property, he said Hoffman Development Group would
be looking at damages. Mr. Hoffman wants Area M removed from the study
list and they will work with staff regarding its eventual use.
The Mayor then asked the City Attorney about Mr. Hoffman's
questions. The City Attorney replied that the R -4 study does not just
involve the Cliff Lake property but the entire City. The 16 parcels
included in this study are being looked at for legal analysis and
planning. The City has not singled out any one parcel and could proceed
with the study.
The Mayor asked the Community Development Director if there were any
other properties included in this study that were under a PUD agreement.
Mr. Runkle replied that they have looked at all R -4 and R -3 zoned
properties and have referenced whether or not they are in a PUD. While
he did not have the information before him, he said, however, there could
be one other parcel with a PUD.
Councilmember Pawlenty questioned whether the City could violate a
PUD agreement. The City Attorney replied that it was difficult to give
a definitive answer in the absense of all the facts, however, generally
speaking, if the City entered into an agreement, it would be bound by law
to honor the agreement and any type of rezoning would require a public
hearing.
PAGE 5 /EAGAN CITY COUNCIL MINUTES
APRIL 3, 1990
Because the discussion was becoming lengthy, Councilmember McCrea
made a motion to remove the item from the Consent Agenda and move it to
the end of the meeting; however, the motion failed for lack of a second.
Because Mr. Hoffman said his development group had not received
notice of this property's being part of the R -4 study, the Mayor
recommended that the Council act on the other parcels but work with the
property owner on a voluntary basis.
Councilmember Gustafson moved, Wachter seconded, a motion to
establish public hearings for the first regular City Council meetings in
the months of May, June, July and August for the purpose of considering
a change in the zoning status for each of fifteen (15) multifamily
residential or comprehensive guide planned parcels of property as
identified in the comment report approved by the City Council at the
March 27 special City Council meeting, and removed Area M from this
action for 30 days.
Councilmember McCrea expressed concerns about equity and questioned
whether any of the other 15 parcels should receive similar treatment.
Mayor Egan said the other property owners had received notice and could
have also presented their cases to the Council.
Aye: 4 Nay: 1 (Pawlenty)
00111
J. Ratification, Variance. Gordon Byers. for 1 Foot to the Sideyard
Setback Requirements.
It was recommended that a one -foot variance to the ten foot sideyard
setback be approved for Gordon Byers at 4825 Eriks Boulevard to allow for
the completion of an addition to his dwelling unit.
K. Resolution. Access Minnesota Project. Minnesota Department of
Trade and Economic Development.
It was recommended that the Access Minnesota Resolution be approved
as presented.
R -90.18
McCrea moved, Wachter seconded, a motion to approve the Consent
Agenda except as described with the adoption of the agenda and as noted
herein. Aye: 5 Nay: 0'
There were no public hearings.
PUBLIC HEARINGS
PAGE 6 /EAGAN CITY COUNCIL MINUTES
APRIL 3, 1990
OLD BUSINESS
COMPREHENSIVE WATER QUALITY MANAGEMENT PLAN
00112
The City Administrator presented a brief history of this item
including the 3 4 years it has been in process, the informational
presentations to other groups and the public, and the discussion of the
Council at the March 27 workshop.
The Director of Public Works then addressed the actual Plan. He
said the management plan had been developed to preserve and maintain the
City's wetlands and wildlife habitat. He added that at present, it is
the only comprehensive plan in the State. The Plan includes the
following essential elements: 1) a wetlands inventory, 2) a
classification scheme, 3) management criteria, 4) a prioritization/
ranking system, 5) policies for management, and 6) policies for
development. The Plan is intended to mitigate the negative impact of
development on the remainder of undeveloped property in the City.
The Director of Public Works said that implementation of the
management plan in the City would necessitate passage of an ordinance.
However, he also pointed out that implementation of water quality
management plans would soon be mandated by the State.
Councilmember Wachter praised the management plan and hoped that it
would be approved by the Council and the public. He wished it pointed
out, however, that not all results would be immediate. The Director of
Public Works agreed adding that it was indeed a long -term process.
Councilmember Pawlenty then asked the Director of Public Works what
the status of the Utility Fund was. Mr. Colbert said that a formal
ordinance including the Utility Fund would be presented to the City
Council at a May 1 public hearing.
Councilmember McCrea expressed confusion in regard to the funding
of the plan. She asked the effect on various types of landowners, which
parts of the plan would be implemented, and what had been budgeted. The
City Administrator said that a budget analysis answering these questions
would be included with the information for the May 1 public hearing.
Councilmember Pawlenty indicated that on page 94 of the plan
approximately 34% of the estimated revenue would go toward wetland
preservation. He inquired as to where the other 66% would go. The
Director of Public Works said, for purposes of discussion, the plan had
shown 34% to be budgeted toward wetland preservation, 28% for operation
and maintenance of the storm sewer system and the remainder for erosion
control. However, any changes in the percentages and their allocation
would be at Council discretion.
Mayor Egan said that the 90's would be the decade of the environment
and appreciated the strong initiative.
PAGE 7 /EAGAN CITY COUNCIL MINUTES
APRIL 3, 1990
00113
Mr. Bob Worthington of Opus Corporation approached the Council with
concerns about cost considerations. Mr. Worthington said the costs
should be worked out before implementation of the plan. He said the
majority of Opus property would not be affected but his major concern was
100 acres yet to be platted. He added that he was not opposed to the
plan but was concerned as to specific costs. He said he expected the
90's to be a difficult time for developers and each additional cost would
cause concern for the developers and their survival. He said he would
like implementation continued until the cost implications are known.
Mayor Egan asked how long the developer had to work with staff on
this issue and Mr. Worthington said that any cost estimates they had
received were general. He said until the costs were researched there
would be uncertainty.
Mayor Egan then asked the Director of Public Works if the Developers
Task Force had reviewed and endorsed the plan. Mr. Colbert said that
they had. He added that they could only be general with cost estimates
on unplatted property until they knew the specifics of the development.
He said if adoption of the plan were held up to do an analysis of each
piece of property, the plan would never be implemented.
Councilmember Pawlenty said that it appeared the City was getting
the cart before the horse. He was concerned that the Utility Fund was
not on the agenda and was surprised that the City would adopt a plan and
then figure out how to pay for it.
Councilmember Gustafson echoed the same concerns because once the
plan is adopted there would be no going back. Councilmember McCrea also
had concerns. She mentioned receiving a call from a golf course owner
who wondered how it would impact the golf course.
Pawlenty moved, Gustafson seconded, a motion to adopt the Water
Quality Management Plan with the stipulation that if funding is not
completed, areas will be prioritized and funded accordingly.
The first from the public to address the issue was Mr. Dick
Reynolds. Mr. Reynolds said that the State has lost 75% of its wetlands
and it was of great concern. He said he could assure the City of a
favorable reaction from envirnomental groups. He said it was a model
plan and recommended its passage.
Mr. Don Forrester also had concerns about the environment but
questioned whether this is just another tax. He said it should go to a
public vote with explanation of where the funds were to come from and
where they were to go.
Mr. John Court agreed with protecting water and agreed with the
present situation. But Mr. Court said he pays for water and sewer
already and maintenance of the system is the only thing that needs more
money. He said it was a ploy to get more money and that the Plan would
PAGE 8 /EAGAN CITY COUNCIL MINUTES
APRIL 3, 1990
00114
not use all the money allocated. He asked where the rest of the money
would go. He stated that he was a former resident of White Bear Lake,
which had a number of lakes for boating. Since Eagan has mostly ponds
and no boating lakes, he wondered why Eagan would be the first with a
plan. With ice arenas and schools, he said the City was taxing people
out of their homes. He added that if the City banned lawn service
companies from doing business in the City, there could be a lawsuit.
Mr. Colbert listed sample average rates under the proposed Utility
Fund: Single Family: $4.56 /residence; Townhome: $3.65 /residence; and
Commercial /Industrial: $21.84 /acre. He said the City Council could
adopt as is, or change, any or all of the rates; however, in their
present form would generate approximately $390,000. Additionally, 100%
of the ponds in Eagan hold surface water run -off and through a complex
system of ponds and storm sewer, eventually all run -off flows into the
river. Mr. Court said that recreational (boating and swimming) lakes and
ponds in Eagan should receive all the money. Mr. Colbert replied that
they would receive priority.
Mr. Darrell Eisner attended the March 22 public information meeting
and he questioned the single family rate. Mr. Eisner said the rate
should be based on the size of the property. Larger homes should pay a
higher rate than smaller homes. Mr. Colbert answered that an average was
used for the single family rate. The measurement used to determine the
average was the impervious surface of the property. Since impervious
surface includes the roof, driveway, sidewalk surfaces, etc., and it
would be impossible to measure each home, it was determined that an
average would be the most feasible.
Mr. John Glenn encouraged the endorsement of the plan. He then
asked if the City had received any organizational funding.
The Public Works Director related that a $26,000 grant had been
received from the Pollution Control Agency for the Schwanz Lake
diagnostic /implementation project. The City had also applied for a LCMR
grant for environmental improvement of the Fish Lake drainage basin.
Councilmember Gustafson said it was difficult to condense 3 1/2
years of work into a half hour; the Plan addresses every point. He said
no one was interested in taxing anyone out of their homes; however, he
expected his taxes to go up each year just as they have in each of the
last 25 years he's lived in Eagan.
Mayor Egan expressed frustration to hear all these questions now.
He said that through all the informational meetings on this subject, he
had heard every question answered before.
Councilmember Wachter said he was not only concerned about the water
quality of that running into the river but also that which percolates
through the ground and eventually used as drinking water. Aye: 4
Nay: 1 (McCrea)
PAGE 9 /EAGAN CITY COUNCIL MINUTES
APRIL 3, 1990
CONDITIONAL USE PERMIT /VARIANCE
MINNESOTA PUBLIC RADIO
00115
Mayor Egan began the discussion of Minnesota Public Radio's
applications for a conditional use permit and variance by providing a
brief background as to the information that has been provided for this
item through previous meetings, staff reports, packets, etc. The Mayor
reminded the applicant and the audience that the Council was very
familiar with the applications and due to the length of the agenda, did
not need to revisit each issue in depth. He asked that presentations be
brief and if additional clarification were needed, it could be
accomplished through questions and answers.
The City Administrator pointed out that Minnesota Public Radio had
gone before the Advisory Planning Commission with their requests and the
Commission recommended denial in both instances.
The Director of Community Development then enumerated the issues to
be decided as a conditional use permit and two variances. The
conditional use permit is required to allow a radio tower in excess of
40', a variance is necessary to exceed 100' of tower, and an additional
variance is necessary to deal with fall radius. The distance from the
tower to the nearest property line cannot be less than the equivalent of
the height of the tower from its base to its highest point.
Mr. William Mahlum, an attorney for Minnesota Public Radio spoke on
their behalf. Accompanying Mr. Mahlum and available to answer questions
were Ms. Christina Stalker, an attorney with Mr. Mahlum's office, Mr. Tom
Keegan, Mr. Alfred Wormus, a specialist in AM radio, and Mr. William
Cushman, an appraiser. Mr. Mahlum said that the Council had received a
packet of information from the applicant containing sworn testimony from
various professionals as to various points in MPR's application.
Mr. Mahlum first addressed the issue of permits required from the
U. S. Army Corps of Engineers, Federal Aviation Agency and Federal
Communications Commission. All necessary permits would be obtained. The
issue of interference was touched on with Mr. Mahlum stating there would
be none but if by chance there were, MPR would correct it. He added that
they would be legally obligated by the FCC to correct any interference
problems. He stated the MPR would enter into any agreement necessary to
put concerns to rest.
Mr. Mahlum went on to state that MPR absolutely needed this site.
He said they would not have gone through cutting back the project and
resubmittal if they did not need this site. He explained that one of the
criteria used in determining the location of a radio tower is the ability
to protect the signal in a given area. He further stated that they had
employed consulting planners, Dahlgren, Shardlow, and Uban to research
and find the appropriate geographic location for the towers. He also
explained that while they would meet any requirements the City had
regarding fall area, radio towers, because of the guide wires, do not
PAGE 10 /EAGAN CITY COUNCIL MINUTES
APRIL 3, 1990
00116
fall horizontally but rather collapse into themselves. Mr. Mahlum added
that they had talked to all surrounding property owners regarding fall
area easements and, if necessary, would obtain these easements.
Mr. Mahlum said that after receiving the City's letter asking
whether MPR had approached WAYL about locating the towers on their
property, their planning consultants again reviewed the issue but WAYL
was not interested. Mr. Mahlum then addressed the neighbor's concerns
about a loss in their property values. He said they had asked Mr.
William Cushman to study the issue and after reviewing the Vienna Woods
experience with the WAYL towers, Mr. Cushman determined that the towers
would not reduce property values.
Mr. Mahlum exhibited photographs giving a perspective of the towers
from the southbound lanes of the Cedar Avenue bridge. Mr. Mahlum said
the towers would not be as threatening in appearance as some might think.
He also discussed what he considered to be favorable publicity for
the City. He added that the MPR would announce on the air that they were
broadcasting from Eagan and MPR would allow a non commercial message from
Eagan to be repeated on the air three times a week relating to activities
within the City. Mr. Mahlum pointed out that the population of the
Twin Cities is shifting to the south and west of the metropolitan area
and this site is essential to MPR.
Mr. Mahlum then addressed six points which were referred to in the
APC denial of the MPR applications:
1. Citizen opposition: MPR could show citizen support.
2. MWCC treatment of residents near site: MPR agrees that the MWCC
has treated the neighbors badly but MPR's application should not be
denied because of this.
3. Fall radius: It is not necessary but MPR will obtain the
necessary easements. Ordinance does not require that easements be
obtained.
4. Conditional Use Permit /Variance: The City Code does not
prohibit radio and TV towers but provides for a conditional use permit
or variance if height requirements are exceeded. MPR's towers are at the
lower end of the spectrum for TV and radio antennas and all requirements
have been met.
5. and 6. Aesthetics: Some have stated that the towers would give
a poor visual image at the entrance to the City. Visual image in this
regard is not mentioned in the City Code. It is a quality issue. The
visual impact would be far better than that of Enron or billboards. Mr.
Mahlum said the towers would be minimally intrusive.
PAGE 11 /EAGAN CITY COUNCIL MINUTES
APRIL 3, 1990
00117
The public was then given an opportunity to speak and Mr. Mike Wold
was the first to address the Council. Mr. Wold spoke in favor of
locating the towers in Eagan. He said that MPR brought a type of
programming to the residents that was needed. He has noticed that the
signal fades as he drives south on Pilot Knob Road.
Betty Bassett began by asking if MPR had contacted the railroad
regarding a fall area easement. She pointed out that both the
conditional use permit and variances must demonstrate hardship before
approval. She went on to add that MPR was attempting to prove this
hardship by saying they could not locate the towers anywhere else; this
was the only location. Ms. Bassett objected to people coming into Eagan
asking for special favors. She charged the MPR with pushing to get
approval in order to avoid having to meet more stringent FCC standards.
As a former art teacher, she contended that the towers will not look as
well as they do in the photos. Ms. Bassett was also concerned about
lights on the towers. She then said the neighbors could live with other
light industrial development on the parcel as it is below most of the
neighbors' properties; however, the only thing that put this project in
view was the fact that they are towers.
Next to speak was Mr. Dick Reynolds. He said being against MPR was
somewhat like being against apple pie. Because the questions asked in
his February letter had only been answered the night before, he said he
had not had an opportunity to review MPR's response. However, Mr.
Reynolds did state that if the towers did not warrant a permit in a
wetlands area, the Audubon Society would petition the Corps of Engineers
to require one.
Mr. Reynolds then discussed a conversation he had with Refuge
Manager Tom Larson. Mr. Larson had told Mr. Reynolds that they had no
jurisdiction over the subject parcel but he was opposed to the towers.
He said they would be located in a wetlands area and was concerned they
would be destroying the wetlands in an era when time and effort were
going into saving wetlands. He also stated that the towers would be in
a migration route and he did not agree that bird mortality would not be
affected. He also had problems with the visual effect of the towers.
Mr. Larson then mentioned the bald eagle projects in the area which could
be disrupted by the construction and location of the towers. Due to
these concerns, Mr. Reynolds could not endorse this project and would
request a delay.
Mr. Joe Krisnik, a 35 year resident, spoke in favor of the towers
saying the City had promised to be a good neighbor when a watertower was
located next to his property and he was certain MPR would also be a good
neighbor. He said they would have nothing to gain by not being so.
Ted Thoennes asked why MPR couldn't stay where they are now? Mr.
Thoennes stated that an AM signal is directional and if one cannot pick
up the signal in a valley now, that would not change after putting in
these towers.
00118
PAGE 12 /EAGAN CITY COUNCIL MINUTES
APRIL 3, 1990
Mr. Al Arends gave the Council a copy of a newspaper article which
says that towers have an adverse effect on property values as well as
causing extensive interference to electronic equipment. He also said
there was no hardship to MPR. He then asked how wide the towers would
be and was told by Mr. Mahlum that they would be 24" wide. He said there
was a crane boom visible from the Cedar Avenue bridge that was
approximately the same size and it "sticks out like a sore thumb." He
stated that if any of the neighbors were in favor of the project, their
homes faced the opposite direction. He added that if the applicant were
to provide trees to cover the view of the towers, he would probably need
a 240' evergreen.
Mr. Sheldon Ramnarine also discussed the photographs which show the
towers as unobtrusive. He said many things could be done with lenses to
affect the perspective. He stated that electrical interference would
probably be intermittent and hard to track down. He questioned whether
MPR would stick with finding the interference in those instances. He
said that the towers would only increase MPR subscribers by 7% and
indicated that MPR's survey of interest was a very small sampling. Mr.
Ramnarine said the neighbors were the victims of technical arguments.
He asked that the Council use common sense and vote against the proposal.
Ms. Mary Ramnarine briefly addressed the underlying zoning of LI for
the area. She said the 1990's would be the decade of the environment and
the Council should leave the area as is. She asked that they deny the
applications.
Another member of the audience said that the variances were three
times the legal limit and would be stretching the limit of the law if
approved. He asked whether the Council would allow other issues to
exceed standards by three times.
The last of the public to speak was Mr. Lester Spencer. Mr. Spencer
presented a petition in favor of the towers and indicated residents had
signed the petition willingly. He then read a note from a lady who lives
near the WAYL towers who stated she had found the towers to be an asset
rather than a hinderance, that they have received no interference from
the towers, and that she valued the towers more than she would other
houses or other development on the same property.
Mr. Mahlum then attempted to address some of the concerns expressed
by the public: The MPR would preserve the wetlands as the towers only
impact approximately 1% of the property; the railroad would grant a fall
area easement; the applicant was not breaking the law and the FCC is not
determining the timing of their application. He said that in order to
hold onto their FCC license, they would have to maintain their audience
and the population is moving away from their present location; there
would be lighting on the towers but no strobe lights. Mr. Mahlum
mentioned Mr. Spencer's petition and pointed out that they had not asked
Mr. Spencer to circulate a petition. Additionally, an AM signal is
carried by the ground not line of sight; he reiterated that the MPR would
PAGE 13 /EAGAN CITY COUNCIL MINUTES
APRIL 3, 1990
00119
fix any problems due to interference; there will be no devaluation of
property; they stand behind all their technical data and their photos are
not intended to deceive. They received a 40% return on the number of
surveys mailed out. Specifically to Mr. Reynolds, the Corps said this
is a wetlands area and have visited the site; they are within a national
permit area. The Corps encourages siting of radio towers in areas such
as this one as they are not intrusive. Mr. Mahlum then stated that
towers such as these kill less birds that picture windows, predator
control procedures and pollution; he said that the MPR is prepared to go
to the Corps with the Audubon Society and will take any reasonable
suggestion to minimize the impact on the avian population.
Councilmember Gustafson then asked the City Attorney if an
industrial property were labeled as wetlands whether the wetlands
designation would supercede? The City Attorney said in order to develop
such property, the applicant would have to obtain the appropriate
permits. The Councilmember then asked whether towers over 100' were over
the legal limit. The City Attorney stated that 40' would be considered
the legal limit. Anything in excess would not be a violation of the law;
however, a conditional use permit would be necessary for a tower in
excess of 40' but less than 100' and a variance would be required for
anything beyond 100'.
Councilmember Gustafson asked MPR what prevented them from staying
in their present location? Mr. Mahlum stated that they are presently
located near Gannon's. They have height restrictions there due to their
proximity to the airport and again, mentioned the shifting population.
Councilmember Pawlenty then asked the City Attorney if it might not
be preferable to require a special use permit rather than a conditional
use permit to allow a sunset provision. The City Attorney stated that
once the radio towers were up and operating, it would be difficult to
stop.
In response to Councilmember McCrea's query as to the towers' life
expectancy, Mr. Wormus stated they could last as long as 400 years.
Councilmember McCrea suggested we try the towers and if they are not
satisfactory, that the conditional use permit be removed.
Councilmember Pawlenty then said that MPR had done a fairly
impressive job in addressing questions, in reducing the number of towers
from 4 to 3, and in reducing their height from 450' to 300'. He said the
issue came down to how the towers would look on this site. Three, 24"
towers would not impact the wetlands as perhaps some other light
industrial use would and that possibility exists as it is unlikely the
property would sit vacant indefinitely.
The Mayor then discussed his meeting with Mr. Mahlum and Christina
Stalker. He said that this was a balancing test and a quality of life
issue. He stated it was MPR versus the situation of the neighbors near
PAGE 14 /EAGAN CITY COUNCIL MINUTES
APRIL 3, 1990
0G120
the Seneca site. The Mayor would like to see the exacerbation of those
on the riverfront reduced. It is unfortunate, but cannot separate Seneca
from this issue; it is one more thing. Appraisals on the surrounding
properties have not been forthcoming due to the uncertainties surrounding
Seneca, etc. The Mayor went on to state that light industrial on the
Peterson site would not be objectionable if Corps of Engineer
requirements were met. He does not want to add to the problems of this
neighborhood. The Mayor also questioned whether this was a hardship and
was indeed the only location for the towers. He said that if the
Peterson property was the only southern site suitable for an antenna,
then we were in trouble. If the property was the only site for an
antenna, then a lot of TV and radio stations were in trouble. He then
stated that even though the property is zoned light industrial, the
towers raise significant environmental issues.
Councilmember Wachter stated that variances are granted at the
discretion of the Council and that Mayor Egan had substantially stated
his position also.
After calling for a vote, Mayor Egan moved, Wachter seconded, a
motion to accept the recommendation of the Advisory Planning Commission
and deny Minnesota Public Radio's application for a conditional use
permit and variance to allow for the construction of three (3) radio
towers, each 300 feet in height on property presently owned by Mrs. Fern
Pederson located in the south 1/2 of Section 18. Aye: 3 Nay: 2
(McCrea and Pawlenty)
R 90.19
Mayor Egan moved, Wachter seconded, a motion to deny Minnesota
Public Radio's request for a variance to the fall area for three (3)
radio towers placed a distance closer than the equivalent to height of
100' from the nearest property line. Aye: 3 Nay: 2 (McCrea and
Pawlenty)
R 90.20
PROJECT 559
DESIGN STUDY REPORT /PLANS SPECIFICATIONS
MAINTENANCE FACILITY EXPANSION
The City Administrator reported that during the past year, staff had
been working with BRW Architects refining project costs and analyzing
alternatives for an expansion of the maintenance facility.
Mayor Egan was concerned about the financial aspects of the
expansion. The City Administrator said if the Council was not
comfortable with the financing, that portion of the project could be
referred to the Finance Committee for recommendation.
Councilmember Wachter said he could not vote for implementing the
entire project all at once. Councilmember Pawlenty agreed. Various
questions were then asked about the cold storage areas and the locations
for each of the phases.
PAGE 15 /EAGAN CITY COUNCIL MINUTES
APRIL 3, 1990
00121
Councilmember Wachter moved, Pawlenty seconded, a motion to receive
the implementation /feasibility report for Project 559 (Central
Maintenance Facility Expansion) and authorize the preparation of detailed
plans and specifications for Phase I. Aye: 5 Nay: 0
FINAL PLAT EXTENSION
TOWN CENTRE 100 STE ADDITION
Pawlenty moved, McCrea seconded, a motion to approve an extension
of the final plat for Town Centre 100 5th Addition to June 6, 1990.
Aye: 5 Nay: 0
TRAPP FARM PARR ADJACENT PROPERTY ACQUISITION
The City Administrator introduced this item by saying that Director
of Parks Recreation Ken Vraa had worked with Tri -Land Properties
regarding purchasing or implementing restrictive covenants on several
lots in Lexington Pointe near Trapp Farm Park. Mr. Brad Swenson of Tri
Land Properties brought the issue to the City's attention with the intent
of addressing the issue before homes were built on the property. Several
options were discussed including: a land swap, acquisition and
restrictive covenants. It was also pointed out that the Council had
walked the site and is very familiar with the situation.
The Director of Parks Recreation provided additional background
regarding discussions with Tri -Land on a land swap. Mr. Vraa said that
the City had researched their surplus property to see if any had
development potential. Tri -Land Properties was interested in 10 acres
east of Walnut Hill Park but would only swap two of the Lexington Pointe
lots for this parcel. The Director of Parks Recreation then shifted
his attention to the possibility of a conservation easement along the
back of the subject lots which would prohibit the inclusion of structures
on that portion of the property included in the easement.
Councilmember Wachter asked Mr. Vraa which lots would impact the
Trapp Farm Park. Mr. Vraa replied that Lots 9 and 10 were probably the
most important due to the site intrusion, their impact on the sliding
hill, and the loss of trees.
Mr. Swenson of Tri -Land spoke to the Council regarding his concerns
as to any restrictive convenants or easements on his property. He stated
that such restrictions would lower the property value and decrease the
market for the lots. He suggested that the City purchase the lots and
then market them with the restrictions.
Mayor Egan said the City was reluctant to enter the real estate
market but would perhaps be willing to pay the difference between the
market value of the lots versus the value of the lots with restrictive
covenants on them.
PAGE 16 /EAGAN CITY COUNCIL MINUTES
APRIL 3, 1990
00122
The Council then asked what the City had paid for the 22 lots
included in the Walnut Hill parcel. Mr. Vraa said they had been
purchased as a part of the overall agreement with HUD which was at
$18,000 per acre, or $180,000 for the 10 acres.
Councilmember Pawlenty said that the loss of the trees on the lots
was the most disturbing. He said the purchase of one or two lots would
probably not help. He said an easement would be a better idea. Mayor
Egan then asked City Attorney Sheldon how easements or restrictive
covenants could be placed on these lots. Mr. Sheldon said restrictions
could be placed on the property either through easements or condemnation;
however, any restrictions could lower the value of the property.
Councilmember Gustafson said that building on any of the lots would
affect the aesthetics. He then broached the idea of a fence along the
back property lines. He said that the City should buy all six lots or
allow the developer to build on all six.
Mr. Dan Levine is the potential purchaser of Lot 10. Mr. Levine
said if the City requires restrictive covenants on a portion of the lot
he wishes to buy, he will ask for a variance to leave that area wild.
He said he may also wish to put up a fence in the future to keep people
from cutting across his yard to get to the park.
Mr. Lee Markell referenced a letter to the City which contained the
signatures of those residents who wished to save the trees on the subject
lots. When Mr. Markell purchased his house, he thought the property was
parkland. He also asked about an ordinance such as being proposed in
Apple Valley which would prohibit cutting trees without approval. He
pointed out that the purchase of the lots would only cost $5 per Eagan
resident.
Mayor Egan reiterated budget contraints. He said it would be
difficult to approve this expenditure when there are residents who want
funding for the Water Quality Management Plan to come through a
referendum.
Mr. Bill Ebsen lives adjacent to the property and expressed concerns
similar to those of his neighbors.
Councilmember Gustafson then said that during their tour of this
site, the Council had informally agreed that they would not spend any
money to purchase this property.
Ms. Laura Marks, a partner in Tri -Land Properties, discussed the
costs the developer has incurred while they have waited for a decision.
She said they had lost buyers and have had others waiting for quite some
time. She said she would like a decision.
Mr. Bob Kirska said he believed the trees are significant to the
value of the property. He said he had been told by Ms. Marks when he
PAGE 17 /EAGAN CITY COUNCIL MINUTES
APRIL 3, 1990
00123
purchased his property that the subject lots would be donated to the City
as parkland. He asked the Council to give favorable consideration to
preserving the trees.
Mayor Egan said he would be willing to work on easements or
restrictive convenants. Councilmember Gustafson said it was unlikely an
agreement would be reached if one had not been reached after all this
time.
McCrea moved, Gustafson seconded, a motion to deny any further study
for proposals by Tri -Land Properties for a purchase of land adjacent to
Trapp Farm Park at the stated lot price. Aye: 3 Nay: 2 (Egan
Pawlenty)
Councilmember Pawlenty wished it noted that he had not been one of
the Councilmembers who had walked the park site.
CONDITIONAL USE PERMIT
DAN BAR COMPANY
McCrea moved, Wachter seconded, a motion to approve a conditional
use permit application for Dan Bar Company for an on -site residence for
a mini- storage facility on Lot 6, Block 2, of Sibley Terminal Industrial
Park. Approval was subject to the following conditions:
1. No storage or parking on the roof of the building.
2. All signage shall conform to City Code requirements.
3. A detailed landscape plan shall be submitted and emphasize the
Highway 13 corridor image.
Aye: 5 Nay: 0
CONDITIONAL USE PERMIT
MOTOR FUEL BALES /TOM THUMB
Councilmember Wachter expressed concerns about the landscaping. He
said it was inadequate on the east side of the property. He said the
site would be better served by replacing some of the shrubs with larger
trees. The Community Development Director reported that the landscaping
plan had been reviewed and met requirements.
The applicant then discussed the condition requiring that the canopy
and building fascia be uniform in design. He said that Phillips 66 will
be the fuel seller for Tom Thumb and they want the canopy facia to
reflect their own design. The building would be in the Tom Thumb colors.
While the colors are similar, they are not identical. The applicant said
that neither Tom Thumb nor Phillips 66 could agree to change the building
or canopy colors, respectively.
PAGE 18 /EAGAN CITY COUNCIL MINUTES
APRIL 3, 1990
00124
Wachter moved, McCrea seconded, a motion to approve the applications
submitted by Tom Thumb for a conditional use permit and pylon sign for
the Blackhawk Plaza Shopping Center subject to the following, amended,
conditions:
1. A detailed landscape plan, with additional plantings along the
east side of the property, shall be resubmitted on an approved grading
plan prior to any building permit issuance.
lots.
2. A three -foot berm shall be provided along the south side of both
3. North and west boundaries shall be landscaped with over story
trees with a minimum of seven feet height branching.
4. No outdoor displays or use of loudspeakers for outdoor
advertising or music shall be allowed.
5. Trash and recycling enclosures shall be inside the building.
6. Any rooftop equipment shall not be visible.
7. Car wash shall be equipped with a blower and exterior catch
basin.
8. The entire plylon and sign shall meet the ten foot setback from
all property lines.
9. Pylon sign shall meet ordinance requirements and be subject to
the one -time sign fee of $2.50 per square foot.
10. The building shall be constructed on all sides with brick
similar in color to the existing strip center.
11. Because the Tom Thumb i Phillips 66 images are similar, the
condition that all canopy and building facia be uniform in design was
deleted.
12. Lots 4 and 5 shall be combined with the Dakota County Recorder's
office into tax parcel prior to the issuance of the building permit.
13. Green space and landscaping on the project shall be irrigated
per staff requirements.
14. Car wash details, building elevations and traffic flow shall
be addressed to staff satisfaction prior to submission to the Council of
the application.
Aye: 5 Nay: 0
PAGE 19 /EAGAN CITY COUNCIL MINUTES
APRIL 3, 1990
CONTRACT 90- 01 /WESCOTT STATION CARLSON LAKE PARKS
Director of Parks Recreation, Ken Vraa, discussed the Wescott
Station Park first. The scenario chosen at the neighborhood meetings was
one of three. Because the neighbors specifically did not want a parking
lot in the park, Mr. Vraa pointed out there would likely be on- street
parking in front of the neighboring homes. The residents indicated that
would be preferable to a parking lot. The estimated costs to develop
this property is $100,000.
Councilmember Gustafson asked as to the use of the park and the need
for a parking lot. At this time, Director of Parks Recreation Vraa
said staff did not anticipate scheduling the type of activities that
would bring a lot of cars into the area. However, if the need arose, a
parking lot could be added in the future.
Next to be discussed was the Carlson Lake Park. Director of Parks
Recreation Vraa indicated that most of the neighbors on the perimeter
of Carlson Lake Park were opposed to playground equipment; however,
equipment to serve 6 -8 year olds was approved by the Advisory Parks and
Recreation Commission for this park.
Wachter moved, Pawlenty seconded, a motion to approve without
modification Contract 90 -01 and the park plans and specifications for
Wescott Station Park and Carlson Lake Park and authorized advertisement
for bids.
Aye: 5 Nay: 0
ST JOHN NEUMANN CHURCH
REQUEST TO WAIVE PLAN REVIEW PEES
00125
With deference to Mr. Thomas Joachim, a certified building official,
and St. John Neumann Church, but with concerns as to the precedent that
would be set, McCrea moved, Wachter seconded, a motion to deny the
request by the parish of St. John Neumann to waive plan review fees for
the addition and remodeling of St. John Neumann Church. Aye: 5
Nay: 0
COMPREHENSIVE THOROUGHFARE PLAN AMENDMENT
Wachter moved, Gustafson seconded, a motion to approve the
Comprehensive Thoroughfare Plan Amendment for the purpose of updating
Eagan's thoroughfare plan to evaluate the functional classification and
designation of all thoroughfares in the City of Eagan. Aye: 5
Nay: 0
MORATORIUM /R -4 DEVELOPMENT APPLICATIONS
After brief discussion, McCrea moved, Wachter seconded, a motion to
deny a moritorium on multi family residential applications until the
multifamily residential land study is completed. Aye: 5 Nay: 0
PAGE 20 /EAGAN CITY COUNCIL MINUTES
APRIL 3, 1990
DRAINAGE PROBLEMS /COUNTRY HOME HEIGHTS
Wachter moved, Gustafson seconded, a motion to continue the drainage
problem discussion for the Country Home Heights neighborhood to the April
17, 1990, regular City Council meeting. Aye: 5 Nay: 0
Councilmember McCrea left the meeting at 1:05 a.m. for the specific
reason that decisions made after 1:00 a.m. are not in the best interests
of City of Eagan residents.
ADMINISTRATIVE AGENDA
LEXINGTON AVENUE RECONSTRUCTION SCHEDULING
Wachter moved, Gustafson seconded, a motion to preauthorize
installation of traffic control devices in the Westbury Addition if it
is determined by the Director of Public Works to be warranted. Any
action under this preauthorization would be taken to the City Council for
ratification. Aye: 4 Nay: 0
CONTRACT 89 -13 /WATER TREATMENT PLANT
The Director of Public Works discussed whether a variance from
street setback requirements would be advisable in order to minimize the
tree loss with the installation of the clear well for the new Water
Treatment Plant. No action was taken but a variance will be submitted
for consideration at the April 17, 1990, City Council meeting.
COMMUNITY DEVELOPMENT VEHICLE
Wachter moved, Gustafson seconded, a motion to authorize the
purchase of a pickup budgeted for the Community Development Department
through Hennepin County Purchasing for $11,029. Aye: 4 Nay: 0
RESOLUTION /BIETER LEGAL FEES
Pawlenty moved, Gustafson seconded, a motion to pass a resolution
authorizing the City Finance Director to forward all bills for attorney's
fees and /or costs in connection with the defense of the Bieter lawsuit
to the League of Minnesota Cities Insurance Trust for reimbursement.
Aye: 4 Nay: 0
R -90.21
CONFLICT OF INTEREST /BIETER LAWSUIT
00126
No action was taken on the request of Cliff Greene, Attorney for
Popham, Haik, Schnobrich Kaufman, the law firm representing the City
in the Bieter matter, to execute a conflict approval letter regarding Mr.
Ron Cornwell, a principal in the Bieter lawsuit, being represented by Mr.
Greene's law firm. In addition, Councilmember Pawlenty indicated he was
not comfortable with the arrangement and said considering the nature of
the allegations by the Bieter Company in their lawsuit, he did not
PAGE 21 /EAGAN CITY COUNCIL MINUTES
APRIL 3, 1990
SPECIAL CITY COUNCIL MEETING
CHECKLIST
00127
believe that even the perception of a conflict was wise. Mayor Egan also
expressed his reservations and questioned why Mr. Cornwell would choose
the City's counsel to represent him particularly if a conflict may be
relevant.
Gustafson moved, Wachter seconded, a motion to authorize a special
City Council meeting for April 26, 1990, at 5:30 p.m. Aye: 4 Nay: 0
Wachter moved, Egan seconded, a motion to approve the checklist
dated April 3, 1990, in the amount of $383,562.71.
ADJOURNMENT
The meeting was adjourned at 1:45 a.m.
ITY OF AGAN
E. VanOverbeke, City Clerk
KF