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05/17/1990 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA MAY 17, 1990 MINUTES A regular meeting of the Eagan City Council was held on Thursday, May 17, 1990, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Gustafson, McCrea and Pawlenty. Also present were City Administrator Tom Hedges, Director of Finance E. J. VanOverbeke, Director of Public Works Tom Colbert, and Assistant City Attorney Michael G. Dougherty. AGEND The City Administrator recommended the following changes to the agenda: Item B, Consent Agenda, Final Plat, Wilmus Addition. Action is to be delayed on this item until after Public Hearings, Item C, Project 592. Item A, Old Business, Extension, Preliminary Plat for Eagan Woods Office Park II, recommended to be delayed indefinitely. Item D, New Business, Special Permit, Cellular One, to allow a cellular telephone equipment building on Lot 1, Block 1, Unisys Park, recommended to be delayed indefinitely. Wachter moved, Gustafson seconded, a motion to approve the agenda for the May 17, 1990, regular City Council meeting with the above noted changes. Aye: 5 Nay: 0 00160 Gustafson moved, Wachter seconded, a motion to approve the minutes for the May 1, 1990, regular City Council meeting with the following exceptions: Councilmember Pawlenty requested that the following language be added to the last sentence in paragraph five on page two: 'because state property tax relief will be reduced.' Mayor Egan recommended the following changes: page two, first paragraph, League of Minnesota Cities should be changed to Association of Metropolitan Municipalities. Page six, fifth paragraph, the final word should be 'assessment.' Page eight, third paragraph, the word 'appraisal' should be 'assessment.' Aye: 5 Nay: 0 Pawlenty moved, Gustafson seconded, a motion to approve the minutes for the April 26, 1990, special City Council meeting with the following exception: Councilmember Gustafson requested that the words 'and audit' be stricken from the sixth sentence, first major paragraph, page two. Aye: 5 Nay: 0 Page 2/EAGAN CITY COUNCIL MINUTES May 17, 1990 kAE: BUSINESS PUBLIC WORKS DEPARTMENT/POND PUMPING REQUIREMENTS 00161 The City Administrator introduced the item by saying that this was part of an overall conscientiousness on the part of the City regarding the use of surface water. The Director of Public Works said the City has been receiving more and more requests to pump water from lakes, ponds or wetlands for the purposes of irrigation. Because the City had no present policy, the Director of Public Works said the choices facing the Council were: 1) regulate, 2) prohibit or 3) ignore. He also stated that it was not a local but a metropolitan wide problem. The Director of Public Works then pointed out some of the benefits and concerns associated with permitting appropriation of surface water but added that a permitting process with all its associated procedures would be both costly and time consuming for the City. He said that the Public Works Department's position would be either to ignore or prohibit; however, they would need a policy so that they could respond to requests. After discussing the past history of the issue and their concerns for the continued viability of this resource, Wachter moved, McCrea seconded, a motion to deny a surface water appropriation program. Aye: 5 Nay: 0 A. Personnel Items The City Administrator then introduced Kathy Neilsen, who is one of six visitors from England. They are guests of the Eagan Rotary Club and will be in the City for the next week. Kathy was a detective and is now a patrol officer in England and will be spending at least some of her time with the Police Department next week. OI G t A 1. It was recommended that Jay Laramy and Jamie Witt be hired as seasonal street/equipment maintenance workers. 2. It was recommended that the hiring of Seasonal Park Maintenance Workers, Larry Anderson, Duane Barton, Manoroth Bounnak, Todd Buck, Steven Kennedy, Tony Renlund and Steve Sheldon, be ratified. 3. It was recommended that Brian J. Skok and Jaimison Sloboden be hired as seasonal utility maintenance workers. 4. It was recommended that Susan Garry be hired as a seasonal summer concession worker. Page 3 /EAGAN CITY COUNCIL MINUTES May 17, 1990 5. It was recommended that the following people be hired for seasonal recreation positions: Nick Ayotte Kristi Belew Jennifer Blanchard Jodi Carlson Holly Confer Monica Cross Lei -Lani Dick Paula Eaves B. Final Plat, Wilmus Addition Steve English Christina Fergestad Terrence Flynn Rachel Fritz Britta Gilbert Marilyn Grant Shannon Haugh Lynn Hockford Kris Hoford Angela Jenkins Stephanie Link Kathy McNeil Melanie Mesko Aimee Muehlen Julie Nalepinski Shannon O'Heam Kristin Weeklund Richard Roberts Christine Schultz Leila Slinde Shannon Stire Angela Stocker Julie Vanderwalker C. Final Plat, Coventry Pass 2nd Addition It was recommended that the final plat for Coventry Pass 2nd Addition be approved. D. Consideration of Minnesota Valley Transit Authority By -Laws It was recommended that the By -laws of the Minnesota Valley Transit Authority be approved. E. Designation of Retained Franchise Fees to Purchase Video Production Equipment F. Resolution to Provide Legal Lot Description for the Lot Split of Lot 5, Zehnder Acres It was recommended to receive the petition and the preparation of a feasibility report be authorized for Project 597 (Hills of Stonebridge 3rd Addition Trunk Storm Pond JP -27). H. Contract 90 -07, Approve Plans /Authorize Ad For Bids (1990 Street Trails Sealcoatinq) It was recommended that the plans for Contract 90 -07 (1990 Street Trail Sealcoating) be approved and the advertisement for a bid opening be authorized to be held at 10:00 a.m., on Friday, June 15, 1990. I. Contract 87 -06, Acknowledge Completion /Authorize Final Payment (Pilot Knob Trunk Storm Sewer Improvement) It was recommended that completion be acknowledged and the fifth and final payment for Contract 87 -06 (Pilot Knob Road Trunk Storm Sewer) be authorized in the amount of $5,811.84 to S.J. Louis Construction, Inc., and that perpetual City maintenance be accepted subject to warranty provisions. 00162 It was recommended that the final plat for Wilmus Addition be continued until after Project 592 of Public Hearings. R 90.32 It was recommended that the transfer of retained franchise fees to the General Fund in an amount not to exceed $1,900 for the purchase of a Quasar Super VHS camcorder and related equipment for the Central Service Maintenance Division pursuant to the 1990 General Fund budget be approved. It was recommended that the updated version of the resolution concerning the lot split of Lot 5, Zehnder Acres be approved. R 90.33 G. Project 597, Receive Petition /Authorize Feasibility Report (Hills of Stonebridae 3rd Addition Trunk Storm Pond) Page 4/EAGAN CITY COUNCIL MINUTES May 17, 1990 00163 J. Contract 88 -22, Acknowledge Completion/Authorize Final Payment (Miscellaneous Projects Streets Utilities It was recommended that the 7th and final payment for Contract 88-22 (Miscellaneous Projects Streets Utilities) be approved in the amount of $13,605.04 to 0 P Construction, Inc., and perpetual City maintenance authorized subject to warranty provisions. K. Contract 87 -K. Acknowledge Completion /Authorize City Maintenance (Sunset 12th Addition Streets Utilities) It was recommended that the completion of Project 87 -K (Sunset 12th Addition Streets Utilities) be acknowledged and the assumption of perpetual maintenance responsibilities by the City be authorized subject to appropriate warranty provisions. L Contract 88 -DD, Acknowledge Completion /Authorize City Maintenance (Eagandale Center Industrial Park 10th Addition Utilities) It was recommended that the completion of Project 88-DD (Eagandale Center Industrial Park 10th Addition Utilities) be acknowledged and the assumption of perpetual maintenance responsibilities by the City be authorized subject to appropriate warranty provisions. Addition M. Vacate Utility Easement, Receive Petition /Authorize Public Hearing (Lot 10, Block 3 Clearview It was recommended that the petition to vacate utility easements (Lot 10, Block 3 Clearview Addition) be received and a public hearing to be held on June 19, 1990, be scheduled. N. Contract 89 -03, Approve Contract for Architectural/Engineering Services with BRW, Inc. (Maintenance Facility Expansion /Remodeling) It was recommended that the contract for architectural/engineering services for Contract 89-03 (Maintenance Facility expansion/remodeling) be approved and the Mayor and City Clerk authorized to execute all related documents. O. Permit, 4th of July Parade /Lions Club It was recommended that a parade permit be approved for the Annual 4th of July Parade as requested by Dr. Donald C. Clark representing the Lions Club. P. License, Refuse/Recycling, Nitti Disposal, 6639 Concord Blvd, Inver Grove Heights ft was recommended that a refuse /recycling license for Nitti Disposal Inc. be approved. Gustafson moved, McCrea seconded, a motion to approve the Consent Agenda with exceptions as previously noted. Aye: 5 Nay: 0 For Council's information, Councilmember McCrea said that she had recently visited Paynesville, Minnesota and their newest enterprise is a plastics shredding factory. She said she realized that Eagan did not yet recycle plastics but felt that this was worth looking into. Page 5 /EAGAN CITY COUNCIL MINUTES May 17, 1990 PROJECT 590 /SOUTH PILOT KNOB ROAD /STREETS AND UTILITIES 08 The City Administrator introduced the public hearing for the continued upgrading of Pilot Knob Road (County Road 31) from Rebecca Lane to 138th Street in Apple Valley. He stated that notices had been published in the legal newspaper and sent to all property owners. The Director of Public Works then introduced Mark Hanson of the consulting engineering firm of Bonestroo, Rosene, Anderlik and Associates, who explained the background and scope of the project. He said the project provides for the upgrading of County Road 31 in addition to bituminous bike trail and storm sewer improvements. After Mr. Hanson's presentation, Councilmember Wachter expressed his concerns about the lost storage area of Pond LP -56 due to the upgrading of Pilot Knob Road. Mark Hanson stated that further study would be needed of that area. Councilmember Pawlenty asked if $200,000 were generated by assessments, what proportion would come from homeowners versus other types of properties. Mr. Hanson stated that some of the assessments would come from the Hillcrest neighborhood; however, the majority would be from the Diamond T Ranch and the Dakota County Parks Department due to their frontage. The Mayor then asked if anyone from the public wished to speak. The first to address the Council was Mike Flynn who lives in Hillcrest. Mr. Flynn's property is being assessed for storm sewer. Mr. Flynn said that all his property drains to the front of his lot into Rebecca Lane and not into the district that is presently being assessed. Mark Hanson said that the major portion of Mr. Flynn's property did drain to the front of the lot; however, the eastern portion of the property would drain toward LP -56. With Mr. Flynn's further objections, Mark Hanson said this could be further reviewed if the homeowner preferred. The Director of Public Works said that this is a storm sewer lateral and its assessment is consistent with the present City policy. He said it might be helpful to review the project schedule. The plans are to be approved in June with a bid opening and contract award in July. The first phase of construction would begin in the fall of 1990 and construction completed in the spring of 1991. The final assessment hearing would not be held until September of 1991, with the first payment due with the real estate taxes in May of 1992. He also pointed out that all properties which drain to or benefit from this storm sewer would be verified at the time of final assessment. The next person to address the Council was Dan Nemetz, also of the Hillcrest Addition. Mr. Nemetz also contended that his property did not drain into this drainage district. Mr. Nemetz said that drainage off of his property is natural and is not controlled by the storm sewer. He stated that the storm sewer should control where water goes and his property is not draining into the storm sewer. The Director of Public Works pointed out that not all storm water that flows into LP -56 is through a storm sewer system, however, much is due to overland drainage. He said that if none of Mr. Nemetz's property drains into LP -56, his property would not be assessed. Councilmember Wachter asked how far the Pilot Knob Road upgrade goes into Apple Valley. Dave Zeck of the Dakota County Engineering Department said that it would go just south of Diamond Path Road. When asked if there would be any difference between the previously completed Pilot Knob Road sections and that presently being proposed to be upgraded, Mr. Zeck said that it would be the same type of road and to the same specifications. Page 6 /EAGAN CITY COUNCIL MINUTES May 17, 1990 McCrea moved, Wachter seconded a motion to close the public hearing and approve Project 590 (South Pilot Knob Road Streets and Utilities) and authorize the execution of the appropriate cost participation agreements with Dakota County. Aye: 5 Nay: 0 PROJECT 591/TRANBY 1ST ADDITION 00165 The City Administrator introduced the public hearing for the installation of storm and sanitary sewer to service the proposed Tranby 1st Addition. He stated that all notices had been published in the legal newspaper and sent to all potentially affected property owners. Mark Hanson said that Tranby 1st Addition is located in drainage district E -10. He pointed out that drainage district E -10 was originally intended in the 1990 Comprehensive Storm Sewer Plan to drain by gravity storm sewer into Pond EP -2. However, after investigating four different alternatives and their costs, the affected property owners indicated they would prefer to provide ponding in order to reduce the overall costs. Councilmember Wachter asked if it was not feasible to put storm water into Pond EP -2. Mark Hanson said that it was feasible but the costs were prohibitive due to the storm sewer jacking beneath the railroad tracks and the significant overdepth that would be incurred with the storm sewer pipe construction to Pond EP -2. The Mayor then opened the meeting for public comment. The first to address the Council was Ronald Harris (Sash). Mr. Harris questioned the costs to his property and asked whether these costs would be spread over the entire 60 acres. Mark Hanson said that since the pond in question only serves 20 acres it would, therefore, be assessed against those 20 acres. Mr. Harris then asked if it would be possible to put more of the pond on the Tranby Addition as it is the only benefitting property. Mark Hanson said that half the pond would be on the Tranby Addition, 1/4 on the Chapdelaine property and the remainder on the Sash property. Next was John Borchert. He gave a brief history of the Borchert/Ingersoll 1st Addition and said originally Engineering had decided that the entire property would slope toward Pond EP -2. He said that 90 95% of the pond is on their property and they had agreed to the pond use for the storm sewer system. He further stated that they had never received any remuneration for it even though it was used by others. Mr. Borchert indicated that they had been advised that the value of their property lies with the original drainage and that changing it would ruin a portion of their property. Mayor Egan said that the drainage patterns would be subject to further review before the final assessment roll is received. Mr. Borchert said they plan to follow their original intent. Ole Tranby then briefly addressed the Council regarding the grading for holding pond, EP-4A and said it is his intention to have his contractor do the grading and then use the fill elsewhere in the development. Wachter moved, Pawlenty seconded, a motion to close the public hearing and approve Project 591 Tranby 1st Addition Storm Sanitary Sewer) and authorized the preparation of detailed plans and specifications along with the acquisition of easements through condemnation, if necessary. Aye: 5 Nay: 0 PROJECT 592JWILMUS ADDITION TRUNK STORM SEWER The City Administrator introduced the public hearing for the installation of trunk storm sewer facilities necessary to handle the development of the Wilmus Addition plat incorporating the proposed new Oak Ridge Elementary School on Johnny Cake Ridge Road. He said all notices had been published in the legal newspaper and sent to all potentially affected property owners. Page 7 /EAGAN CITY COUNCIL MINUTES May 17, 1990 Mark Hanson then provided the background and scope of this project. He said the project provides for the construction of a lift station and force main to serve as the outlet for Pond BP-6. He added that of the drainage area, most is developed and only the unplatted property, School District 196, and park land are proposed to be assessed. Mayor asked if there was anyone from the public who wished to address the Council. Tom Klein of 4580 Blackhawk Road said he had received a $242 assessment even though his property does not benefit from the improvement. He then asked the City Council to drop the assessment. Councilmember McCrea said it would be reviewed at the time of final assessment. Mr. Klein then asked what he should do to assure being kept informed and the Mayor recommended that he continue as he had and work with staff. Howard Ward of 1836 Cliff Road then discussed his property. He also stated that storm water did not leave his property and would like to go on record as requesting a review. Wachter moved, McCrea seconded, a motion to close the public hearing and approve Project 592 Wilmus Addition Trunk Storm Sewer) and authorized the preparation of detailed plans and specifications along with the acquisition of easements through condemnation, if necessary. Aye: 5 Nay: Nay: 0 FINAL PLAT/WILMUS ADDITION McCrea moved, Wachter seconded a motion to approve the final plat for Wilmus Addition. Aye: 5 t3LDir3USl<N EXTENSION OF PRELIMINARY PLAT /EAGAN WOODS OFFICE PARK 1I McCrea moved, Wachter seconded, a motion to continue indefinitely consideration of a one -year final plat approval extension for Eagan Woods Office Park II. Aye: 5 Nay: 0 CITIZENS TASK FORCE ALTERNATIVES ICE ARENA FACILITY 00166 R -90.34 The City Administrator introduced the item by providing background on the issue to this point. He then turned his attention to the draft committee framework that had been included for the Council's review. He said the City Council could discuss the make -up of the committee, formalize the committee's framework and then solicit again in the local newspapers for resident participation. He said the other option for the City Council would be to make those decisions at this meeting. Councilmember Gustafson expressed concerns about the title of the draft committee framework. He said because of its emphasis on the YMCA, it had a limited focus. Mayor Egan agreed, saying it was the intent of action taken at the April 17, 1990 City Council meeting to review all options both with and without YMCA participation. Councilmember Wachter pointed out that it was important to note that when this action was taken, it was felt the only way an ice arena was possible was with Y participation. He said if the ice arena were not built with the YMCA it would be up to the City to maintain. Mayor Egan then expressed concerns regarding the seven year time frame of the YMCA He said the City may not be in agreement with their location, their time frame, etc. Councilmember Wachter said it would be up to the Task Force to bring those issues out. Councilmember Pawlenty said the committee should take a broader look at the ice arena issue. He said he would prefer that they explore the City option, Y option and all other possibilities. He said the committee should be given fairly wide latitude to come up with new and creative ideas. Page 8 /EAGAN CITY COUNCIL MINUTES May 17, 1990 Councilmember Gustafson said that the Task Force would assist the City Council and that a communication link would have to be in place allowing discussion and review to get back to the committee. He added that while he would like to see the member numbers and percentages as outlined in the guideline, changes to the make -up of the committee would be acceptable. Councilmember McCrea said it was important that the committee receive clear direction from the City Council. She said the committee's enthusiasm will have to be tempered with the City Council's position on issues such as the use of tax dollars or referendums. Mayor Egan said it was important to establish a time frame for the Task Force. He suggested that a date be set in October to receive their recommendation. He also suggested that applications to serve on the Task Force remain open until at least the first meeting in June. At the suggestion of the City Council, the title to the framework memo was changed to 'Citizens Task Force to Study Ice Arena Alternatives.° Councilmember McCrea also recommended that instead of having two members of the Parks and Recreation Commission on the committee that it be changed to one Advisory Parks and Recreation Commission member and one Advisory Planning Commission member. In summary, City Administrator Hedges said a report would be prepared listing the background of the ice arena issue and that the newspapers would be given the committee framework and make -up. Councilmember Gustafson asked that the Task Force stay with the original schedule of holding a meeting on Monday, June 4, from 7 9 p.m. The City Administrator then recommended that any newspaper article dealing with the Task Force include the suggestion that anyone interested in the issue or interested in serving on a task force, should attend that meeting. Councilmember Pawlenty said that if no more interest is received in the Task Force, the numbers may have to be scaled back. Pawlenty moved, Gustafson seconded, a motion to adopt with modification the framework for a citizens task force to study alternatives for an ice arena facility with the first meeting of this task force to be held June 4, 1990 at 7:00 p.m. Aye: 5 Nay: 0 ORDINANCE AMENDMENT WATER OUAUTY MANAGEMENT PLAN The City Administrator introduced the item by saying that on April 24, 1990, an Advisory Planning Commission public hearing was held pertaining to the proposed amendment to City Code, Chapter 13.20, regarding water quality management dedication of land and /or ponds. He further stated that no public testimony had been received at the Planning Commission meeting and that the approval by the Commission had been unanimous. The Mayor then asked for public testimony and Mr. Bob Worthington of Opus Corporation questioned adherence to the plan as a prerequisite for waiver of plat approval. The Director of Public Works said that it would be a policy question for the City Council. Mr. Colbert also stated that a waiver of plat is a subdivision of property and many times has occurred with development. The Mayor then asked about waivers of plat that occur after platting. He questioned whether it was fair to apply the policy if the plan wasn't in effect at the time of platting. The Director of Public Works said application of the policy could be left to the discretion of the City Council. Councilmember Pawlenty said that would allow the Council the flexibility to do a variance. Councilmember Wachter said that these variances could then come before the City Council and each could be decided on a case by case basis. Wachter moved, Pawlenty seconded a motion to adopt an ordinance amendment amending Eagan City Code Chapter 13 entitled 'Subdivision Regulations (Platting)' by amending section 13.20 regarding public uses and water quality management dedication and adopted by reference Eagan City Code Chapter 1 and Section 13.99. Aye: 5 Nay: 0 00167 Page 9 /EAGAN CITY COUNCIL MINUTES May 17, 1990 ORDINANCE AMENDMENT STORM WATER DRAINAGE U1ILJTY 00168 The City Administrator introduced this item by saying if the storm water quality management plan is to be implemented, it will need a revenue source to meet the obligations of the plan. He said that it is hoped that these revenues will be supplemented with grants and other programs. Mr. Hedges said at the April 3, 1990 regular City Council meeting the Council had raised concerns on the implementation of the utility rate and what these dollars would go for. In response to these concerns, staff had developed a budget which includes annual ongoing expenses, ultimate costs, and short term and future capital expenditures. The City Administrator said the research was done at a staff level and every effort was made to present the Council with all the budget information they would need. Councilmember McCrea said she appreciated this information, however, she still had concerns especially for small businesses located within the City. She mentioned the golf courses in Eagan and questioned how much business would have to be generated in order to just pay the fee. She said that she did not question the fee on single family homes, however, was concerned from an economic development standpoint about the commercial and industrial rates and what they would do to keeping businesses in the City and also attracting new businesses. The Director of Public Works said that the utility fee that will be charged in the City of Eagan is Tess than the average. He said that it is in line or less than those fees being charged by communities that already have a plan in place. Councilmember Gustafson said he was pleased about the fees being lower; however, he too was concerned about small businesses. He said that he would vote for the funding for the plan but he recommended that the Council continue to be sensitive to the cost to commercial developments. He said he recognized that costs for city services are going up; however, the City will have to watch the burden on the commercial taxpayer. City Councilmember Pawlenty asked about the figures included in the budget and whether or not they are annual costs or one -time costs. The Director of Public Works said if no time frame was shown next to the amount, it was a one -time cost. He added that it was not to say that down the road additional studies and, hence, additional costs may not be incurred. Councilmember McCrea asked if the City might not be better off to use consultants in the annual operation of the program. Director of Public Works Colbert said that it could be done cheaper in house, however, not all costs included in the Annual Operation Program Services amount are personal services. The Mayor then asked for public comment. Blaine Duxbury of Stafford Place said that he had seen the direct result of drainage and water problems. He said if this program could help these problems, he was all for it. Bob Worthington of Opus Corporation said he appreciated the comments made by Councilmembers Gustafson and McCrea reflecting their concerns for commercial development. He said he realized that when the legislature withholds money from the cities that the cities have to find other ways to make up the amounts withheld. He said Opus Corporation is concerned that these will find their way into new fees. Mr. Worthington said that Opus Corporation likes the idea of the water management plan; however, he cautioned the Council to remain flexible in the negotiation of final costs. Councilmember Pawlenty then asked Mr. Worthington if, as he understood it, there was flexibility in the plan. Mr. Worthington said that the ordinance did not preclude flexibility, however, their experience had been that discretion is not used at the staff level. He said that they did not like to appear before the City Council but would appreciate the opportunity to negotiate an amount satisfactory to the community as well as the developer. Mayor Egan said the merits of the plan are critical to the City. He added that the City has Page 10 /EAGAN CITY COUNCIL MINUTES May 17, 1990 always dealt straight forwardly with Opus Corporation and trusted that could continue. Mr. Worthington said that Opus is appreciative but wants Eagan to remain competitive and cost sensitive. Councilmember McCrea asked how the City Council would apply flexibility in the fee without being arbitrary. She asked that the Council spend some time now to determine the criteria. Councilmember Pawlenty said that it is not unlike the previous item and could be handled on a case by case basis. Mayor Egan said that the desire of the Council was to achieve balance and a fair rate of participation. He said the Council could only rely on staff that they had achieved balance. Councilmember Pawlenty pointed out that these figures could be adjusted each year with the preparation of the budget. Councilmember McCrea said that she would vote in favor of the utility rate only if Council could add additional language later for an equitable way to deal with variances. The Mayor said that a procedure was in place for variances and each would have to stand on its own merits. Wachter moved, Gustafson seconded, a motion to adopt an ordinance amendment to City Code, Chapter 3, entitled 'Municipal and Public Utilities Rules and Regulations, Rates, Charges and Collection.' By restating and amending Section 3.07 regarding establishment of a storm water drainage utility and user and connection and availability charges for the storm water drainage utility and adopt by reference Chapter 1 and Section 3.99. Aye: 5 Nay: 0 Wachter moved, Gustafson seconded, a motion to approve a resolution establishing a storm water user fee as provided by ordinance and authorize the Mayor and City Clerk to execute said resolution. Aye: 4 Nay: 1. (McCrea) R 90.35 BUSINESS SOLID WASTE ABATEMENT COMMISSION ALTERNATE APPOINTMENT Wachter moved, Gustafson seconded, a motion to unanimously appoint Dennis Selz to the alternate position on the Solid Waste Abatement Commission. Aye: 5 Nay: 0 APPLICATIONS/RONALD A. MORRIS MASSAGE THERAPY LICENSE After determining that a letter would be sent to the applicant asking that he not advertise in hotels, McCrea moved, Gustafson seconded, a motion to approve a massage therapist license for Ronald A. Morris for his practice at the Hilltop Family Chiropractic Clinic. Aye: 5 Nay: 0 ORDINANCE/ESCROW ACCOUNT COLLECTION 00169 The City Administrator reviewed the status of escrow accounts in the City. He said that Eagan had long been known as one of the fastest growing cities in the State and had processed approximately 390 platting and zoning applications since 1985. He said that because the City did not have the staff or the mechanism in place to handle escrow accounts, the number of negative account balances have risen accordingly. Mr. Hedges said that staff is requesting the City Council consider an ordinance that would provide additional assistance in the collection of these accounts. The Mayor asked if there was any potential liability in a more aggressive approach in the collection of these escrow accounts. Mike Dougherty of the City Attorney's office said that each would be handled Page 11 /EAGAN CITY COUNCIL MINUTES May 17, 1990 00170 on a case by case basis as each had a different development agreement, letter of credit and escrow agreement. He suggested that the bills be sent out giving fair notice of any subsequent steps in the process. City Councilmember Pawlenty expressed surprise at the large number of negative escrow balances and said that the City would have to become more aggressive in their collection. He said it was important for the City Council to know if an applicant has a negative escrow balance and that amount should be included in the packet. Councilmember McCrea noted that almost every developer was included on the list and questioned whether escrows were being underestimated. The Director of Finance said these amounts had been set low with each applicant saying they would gladly pay any outstanding balances. Councilmember McCrea then asked if the developers had escrowed certain amounts only to find later that the City had imposed stricter standards. The Director of Finance said that was possible as the developer could have signed an escrow agreement and then found costs had risen. He added that there are probably some costs that will not be paid, however, he requests that the developers address and resolve these issues. Rollie Crawford, representing a developer, said that he was not sure all attorneys were aware of the ordinance. He said that he had yet to see the ordinance or see a list of escrow account balances. He said he understood the desire to protect the City from financial exposure and collect these negative balances but questioned why it took so long. He said most clients want to pay, however, they have received large statements with even larger amounts. He also said that a portion may have just appeared recently and have never been billed before. In many instances he said the escrow was not enough and now was three times greater. He said that many developers have questions but wonder what they do now. Mr. Crawford said that if they challenge the amounts, perhaps fairness and equity would be less present in the next negotiation. He then suggested that 1) the City Council get additional input before adopting the ordinance and 2) create a mechanism whereby disputes, questions and concerns over the amounts could be determined by someone other than the person who is doing the levying. Mr. Crawford then questioned whether going to court was a choice for the developers as they did not wish to go to court with cities they are trying to do business with. He requested that the City Council defer adoption but when it is reconsidered, he asked that it include an apparatus for the review or appeal of amounts. He suggested that a review board could include one or two members of the City Council, the City Attorney, and a consulting fees expert. Councilmember McCrea asked the developer if they would agree to pay the legal costs of having the City Attorney present on an appeal board. Mr. Crawford said that they would. The Director of Finance said that it was necessary to put teeth in the ordinance in order to get the developers to respond. He said that these expenses have been incurred and someone has to pay for them. He said that if it was not the developer then the taxpayers would pay the costs. Pawlenty moved, McCrea seconded, a motion to approve the concept of an ordinance amendment to facilitate escrow account collection and that the ordinance be referred to the Advisory Planning Commission for public hearing and, further, that the following language be added to the Waiver section of the amendment: 'If after appeal it is found that the charges against the escrow account are correct, all costs associated with the appeal will be the responsibility of the applicant. If, however, the charges are found to be incorrect, the costs will be the responsibility of the City.' Aye: 5 Nay: 0 SPECIAL PERMIT /CELLULAR TELEPHONE SITE UNISYS PARK McCrea moved, Wachter seconded, a motion to continue indefinitely a special permit for Cellular One to allow cellular antennas and associated equipment on Lot 1, Block 1, Unisys Park (City water tower). Aye: 5 Nay: 0 Page 12/EAGAN CITY COUNCIL MINUTES May 17, 1990 VARIANCE/BRIAN BEBEL SHORELINE SETBACK 00171 The City Administrator said an application had been submitted by Brian Bebel requesting a 30 foot variance to the required 50 foot rear yard setback from O'Leary Lake. He said Mr. Bebel is attempting to sell the Duckwood Estates lot and feels the setback restrictions on the lot are making the sale of the property extremely difficult. Therefore, he is asking for a variance to ease the building setbacks for any potential buyer. The City Administrator said that the Director of Community Development and the City Planner did not feel that there was a hardship for this variance. The applicant, Brian Bebel, said he had purchased the property with the intention to build. He is now building a home on Pilot Knob Road and is trying to sell this lot. He said he has two interested buyers but one will only purchase the property if the variance is approved. He said the other buyer has talked to an architect who is also of the opinion that he could not build on the lot with the present setbacks. Mr. Bebel said he believes he will continue to run into this problem in his attempt to sell the property. Mayor Egan said that if the staff couldn't find a hardship and without house plans for the lot, he would find it difficult to approve this variance. He said that it is City policy that the applicant circulate a petition and if he found no objection, the Council would likely approve the variance. The Mayor pointed out that two negative letters have been received from neighbors in addition to a negative letter from the Department of Natural Resources. Mr. Bebel said that he had talked to City staff and taken the steps recommended by staff. He said he was also told that his would qualify as a hardship. He added that he was not aware of any need to petition his neighbors. Councilmember McCrea recommended that Mr. Bebel wait until he has an interested party and then bring the house plans with the request for a variance to the City Council. She also recommended that he share these plans with his neighbors. Councilmember McCrea said it would be hard to rule favorably on the variance as it stands. The Councilmember then wondered if there was a way to postpone action on the variance so that additional fees would not be incurred by the applicant. The City Administrator said that the City Council could consider hearing an application under the same variance if the applicant came back within a reasonable time with a footprint of the house being proposed. Mr. Bebel then asked how much weight approval of his neighbors would have on the variance. The Mayor said that it would be significant. Councilmember Gustafson said that if there is a hardship because of the topography on the property the Council would need to know. However, it would be more favorable for Mr. Bebel to come back to the Council with a footprint of a house showing the exact variance required. McCrea moved, Gustafson seconded, a motion to deny a 30 foot variance to the required 50 foot rear yard setback for Brian Bebel for Lot 42, Block 1, Duckwood Estates, with the understanding that if the applicant comes in with a footprint for a proposed house, that he will be responsible for only those direct costs associated with the variance. Aye: 5 Nay: 0 VARIANCE/FEDDE/SETBACK The City Administrator said an application had been submitted by Mike and Betty Fedde requesting a 17 foot variance to the 30 foot setback required along a public street for Lot 4, Block 3, Brittany Addition. The applicant, Mike Fedde, said that poor subsoil beneath the present garage has caused problems with the garage floor, the driveway, and the foundation. Because of these problems, the applicant said they Page 13 /EAGAN CITY COUNCIL MINUTES May 17, 1990 were moving the location of the garage and driveway to the west side of the house. The applicants said they had contacted all neighbors and no objections had been received. McCrea moved, Gustafson seconded, a motion to approve a 17 foot variance to the 30 foot setback required along a public street for Mike and Betty Fedde for 1662 Norwood Drive, Lot 4, Block 3, Brittany Addition. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT /REZONING PRELIMINARY PLAT/SHERWOOD DOWNS ADDITION The City Administrator said that the Advisory Planning Commission had considered this item at the April 24, 1990 Planning Commission meeting and had recommended approval. He also stated that the Planning Commission added a number of revisions to the conditions to preliminary plat. The Director of Public Works said the applicant was requesting a comprehensive guide plan amendment of approximately 29 acres and a planned development amendment of approximately 20 acres from R-3 to R -1, within the Blackhawk Park planned development. He said the applicant was also requesting a rezoning of approximately 9 acres from agricultural to R -1 and a preliminary plat for Sherwood Downs Addition consisting of 62 lots on 29.42 acres. He said the development contained three cul-de -sacs with three accesses off Deerwood Drive. He added that the developer had laid out the project to minimize the Toss of wooded area. The project will tie into Rocky Lane on the north. The City Attorney then listed three additional conditions of approval: 16. 40' setbacks along Deerwood Drive will be permitted. 00172 17. An amendment to the Blackhawk Park Planned Development Agreement shall be provided prior to the release of the final plat. 18. Except for Lot 5, Block 3, minimum lot width shall be 85' wide at the 25' setback. The applicant, Wayne Tower of Pioneer Engineering, said that this was a difficult property to develop because of the existing streets to the north and the rough topography. Mr. Tower also said that their desire to save as many trees as possible, a Williams Brothers pipeline and sanitary sewer jutting through the property have also been hindrances to development. Rollie Crawford, representing Home Development, then addressed the Council. Mr. Crawford said that because of the 10% grade proposed for Rocky Lane the street drops so low that it will require substantial cuts in three contiguous lots. He said there would be an additional loss of vegetation because of excavation. Mr. Crawford said the value of these lots could be reduced by as much as $15,000 each. He said the effect of road grading as it is would do substantial damage to Tots owned by Home Development and that they object strenuously to this development. Mayor Egan asked the Director of Public Works if a 10% grade would be allowed. The Director of Public Works said that 10% grade is allowed if another access to the project is less than 8% grade. Brian Olson of Argus Development then pointed out that the three 'lots' referred to by Mr. Crawford were not lots but an outlot. He also added that it is the only place the road can go. Mr. Olson said all grades fit the contours of Mr. Home's property. He said that in many respects the trunk sanitary sewer also determines the grade of this road. Mr. Tower echoed those thoughts and said that meeting the existing street determined the grade of Rocky Lane. After additional discussion, Councilmember Wachter suggested that Page 14 /EAGAN CITY COUNCIL MINUTES May 17, 1990 SOUTHERN LAKES ADD1TION/COMPREHENSNE GUIDE PLAN AMENDMENT REZONING/PREIJMINARY PLAT 00173 Rocky Lane end in a cul-de -sac from the north. If this were done, it would require some changes to the Sherwood Downs Addition layout. The City Council recommended that the developers reach a workable plan. Egan moved, McCrea seconded, a motion to continue a comprehensive guide plan amendment, a planned development amendment, a rezoning and a preliminary plat for Sherwood Downs Addition in the Blackhawk Park Planned Development, Argus Development, Inc., to the June 5, 1990 City Council meeting. Aye: 5 Nay: 0 The City Administrator said the applicant was requesting a comprehensive guide plan amendment, a rezoning of approximately 13 acres to an R -1 district and a preliminary plat consisting of 11 Tots located east of Highway 3, north of Cliff Road, abutting Inver Grove Heights to the east. Mr. John Vogelbacher of Southem Lakes Partnership, gave a brief summary of the development. Because this project is on the Inver Grove Heights /Eagan border, discussion followed as to the service responsibility of each city. The Director of Public Works said the original service boundary went further into Inver Grove Heights and has been planned for. He also stated that the City could handle the entire development without incurring any additional costs. McCrea moved, Pawlenty seconded, a motion to approve a comprehensive guide plan amendment for the Southern Lakes Addition for the Southem Lakes Partnership. Aye: 5 Nay: 0 R 90.36 McCrea moved, Gustafson seconded, a motion to approve a rezoning for the Southem Lakes Addition/ Southern Lakes Partnership. Aye: 5 Nay: 0 McCrea moved, Pawlenty seconded, a motion to approve a preliminary plat entitled Southem Lakes Addition as applied for by Southem Lakes Partnership 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, B1, B2, B3, B4, C1, C2, C5, D1, El, F1, and G1. 2. The joint powers agreement shall be completed and approved by the City Council prior to final plat approval. 3. Extension/construction of City trunk watermain, sanitary sewer, and storm sewer must be approved by City Council prior to final plat approval. 4. The development is required to treat the site generated storm water runoff in accordance with recommendations identified in the City's Water Quality Management Plan prior to discharge into Pond LP- 30. Aye: 5 Nay: 0 FOURTH OF JULY CELEBRATION Gustafson moved, Wachter seconded, a motion to approve an allocation of $1,500 to the Eagan Fourth of July Celebration to be used for the annual fireworks display. Aye: 5 Nay: 0 Page 15 /EAGAN CITY COUNCIL MINUTES May 17, 1990 CHANGE CT #89-23 Council wished it noted that while they did not intend to change policy before considering this change order, all change orders submitted in the future would be subject to careful scrutiny. Gustafson moved, Egan seconded, a motion to approve change order #1 to Contract 89-23 in the amount of $3,389.40 for soil correction and manhole adjustments. Aye: 4 Nay: 0 Abstain: Wachter WEST PUBLISHING PROPOSAL The City Administrator said a proposal would be delivered to West Publishing tomorrow outlining our City's commitment to excellence in the delivery of public services, faimess in the aqsPcsment of property taxes, and reasons why the City of Eagan is a good choice for their corporate headquarters. The City Administrator also pointed out that the proposal did not include any economic factors. McCrea moved, Pawlenty seconded, a motion supporting a written proposal to West Publishing Corporation for the purposes of accommodating their plans to relocate their corporate headquarters to the West Publishing Company campus which the City Council hopes will remain and expand within the City of Eagan. Aye: 5 Nay: 0 MEETING SCHEDULE RESTRICT ON-STREET PARKING/BECKER ROAD TO TH 149 PETITION FOR TEMPORARY STOP SIGNS LDONGTON PLACE SOUTH ADDITION 00174 After a brief discussion, it was decided that any councilmember who wished to tour the Park Shore project in St. Louis Park built by the Koldt Properties should make arrangements to do so. The City Administrator said that he would distribute a tentative meeting schedule for the months of June, July and August for Council review. The Director of Public Works cited excess parking on Becker Road next to the UPS facility. He said when UPS was developed there was no need to have on- street parking as there was sufficient parking on site. The Director of Public Works said that in previous situations the City has restricted on- street parking when concems were received from surrounding property owners. Councilmember Wachter recommended that the City contact UPS and tell them that if they could not control the parking on Becker Road it would be restricted. Wachter moved, McCrea seconded, a motion directing staff to contact UPS regarding on- street parking on Becker Road and if this does not bring about an improvement, that on- street parking on both sides of Becker Road from TH 149 to Inver Grove Heights be restricted. Aye: 5 Nay: 0 Wachter moved, McCrea seconded, a motion to approve the installation of a temporary stop sign at the intersection of Falcon Way and Cardinal Way. Aye: 5 Nay: 0 Page 16 /EAGAN CITY COUNCIL MINUTES May 17, 1990 RESOLUTION MODIFYING PERMITTED USE/PARCEL 10- 02700 012-51 Wachter moved, Pawlenty seconded, a motion to approve a resolution modifying the permitted use to include street and public right -of -way for parcel 10-02700-012 -51 and authorize the Mayor and City Clerk to execute said resolution. Aye: 5 Nay: 0 R 90.37 SETTLEMENT AGREEMENT/EASEMENT ACQUISITION (PAT MCCARTNY) Wachter moved, Pawlenty seconded, a motion to approve the payment of $22,343 for storm sewer utility acquisition across parcel 10-01500- 012 -76 under Project 531 (Lexington Avenue). Aye: 5 Nay: 0 CHECKLIST Wachter moved, Egan seconded, a motion to approve the checklist dated April 30, 1990, in the amount of $748,516.81, and the checklist dated May 15, 1990, in the amount of $566,753.85. Aye: 5 Nay: 0 EXECUTIVE SESSION/ADJOURNMENT 0 The City Council adjourned the regular meeting to an executive session to consider attorney /client privileged information at 12:30 p.m. Those in attendance were Mayor Egan, Councilmembers Gustafson, McCrea, Pawlenty and Wachter, City Administrator Hedges, and City Attorney Dougherty. The executive session adjourned at 12:45 a.m. CITY OF GAN E. J. Overbeke, City Clerk KF