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06/05/1990 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JUNE 5, 1990 A regular meeting of the Eagan City Council was held on Tuesday, June 5, 1990, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Gustafson, McCrea and Pawlenty. Also present were City Administrator Tom Hedges, Community Development Director Dale Runkle, Director of Public Works Tom Colbert, and City Attorney James Sheldon. MAW* City Administrator Hedges recommended the following changes to the agenda: Item A, Public Hearing, Project 589, Elrene Kost Road, Streets Utilities, recommended to be delayed to the July 17, 1990 regular City Council meeting. Item 1, New Business, Landscape Ordinance Amendment, recommended to be continued to the June 19, 1990 regular City Council meeting. Wachter moved, McCrea seconded, a motion to approve the agenda for the June 5, 1990 regular City Council meeting with the above noted changes. Aye: 5 Nay: 0 Wachter moved, McCrea seconded, a motion to approve the minutes for the May 17, 1990 regular City Council meeting. Aye: 5 Nay: 0 D.... 'CMENT iC EAQ <�U MM.MNESS PUBUC WORKS DEPARTMENT /COACHMAN ROAD TURN LANE The Director of Public Works said that with the County's willingness to accelerate the installation of the signal at the intersection of Coachman Road and Yankee Doodle Road, it would be appropriate for the City to consider the construction of a right -tum lane for the south leg of this intersection to facilitate right turn on red movements. He said the cost of this upgrade would be approximately $9,000 to $10,000 and would be the responsibility of the Major Street Fund. Councilmember Wachter said he understood that the cost would not come directly out of the budget, however, wondered about funding for the Major Street Fund. The Director of Public Works said that while he did not know exactly how much was in the Major Street Fund, he was confident there was more than enough to cover the cost associated with this signalization. Mayor Egan then asked if the County was coming in with a cost participation agreement. it was the Mayor's understanding that the City Council had agreed to put off this signal until 1991. The Director of Public Works said that originally the County had not agreed to prepay their portion of the cost of the signalization. However, they have now reconsidered and have agreed to pay half the cost for a signal at this intersection. Gustafson moved, Wachter seconded, a motion to authorize construction of a northbound right turn lane on Coachman Road at Yankee Doodle Road as a part of the County traffic signal improvement. Aye: 5 Nay: 0 00178 Page2/EAGAN CITY COUNCIL MINUTES June 5, 1990 A. Personnel Items B. Plumbers Licenses coNN J. L Bjorlin Plumbing Co. Leo's Plumbing M W Water Sewer Utility, Inc. 1. It was recommended that the resignation of Marlene Zaleznick/Planner I be accepted. 2. It was recommended that the hiring of Jeffrey Goodrich, Paul KM, Patrick Robertson and Teresa Treichel as summer seasonal park maintenance workers be approved. 3. It was recommended that the hiring of the two new seasonal park maintenance employees, Michael Polski and Joseph Wilcox, be ratified. 4. It was recommended that the hiring of Ben Anderson and John Carlson as seasonal street maintenance workers be approved. 5. It was recommended that the hiring of Tracy Hosier as a summer seasonal recreation staff member be approved. 6. It was recommended that the appointment of Dale Abram as a police officer for the City of Eagan be approved. 7. It was recommended that Walter Landgrebe be approved to serve his required student internship with the Parks and Recreation Department of the City of Eagan. 8. It was recommended that changes in point totals as indicated by revisions to Time Spent Profiles for hourly positions be approved, and that a compensation level change from Clerical Worker 4 to Clerical Worker 5 for the Central Maintenance Secretary position as required by the collective bargaining agreement for that group be approved retroactive to January 1, 1990. 9. It was recommended that a resolution adopting a medical and day care expense reimbursement plan and administrative services agreement with DCA, Inc. (flex spending plan) to be offered to all employees at the City of Eagan with the exception of members of the police bargaining unit be approved. It was recommended that plumbers' licenses for the following companies be approved: C. Fina Company /Service Station Permits /Cigarette Licenses Motz Plumbing Heating Peterson Plumbing Heating Village Plumbing, Inc. This item was removed from the Consent Agenda and moved to the end of the agenda for discussion. D. Approve Cost Participation Agreement for County Traffic Signals (Coachman Rd Ca? Yankee Doodle Road) 00179 Page3 /EAGAN CITY COUNCIL MINUTES June 5, 1990 It was recommended that the Cost Participation Agreement for County Traffic Signal Agreement No. 90 -06 (Coachman Road Yankee Doodle Road) be approved. E. Approve Cost Participation Agreement for Computer Equipment from MnDOT State Aid It was recommended that the Cost Participation Agreement for computer equipment from MnDOT State Aid be approved. F. Contract 85 -21 /Acknowledge Completion and Final Payment (Maintenance Facility Expansion) It was recommended that completion be acknowledged and that a reduction by $5,000 to the final contract amount for formal final close out of Contract 85 -21 (Maintenance Facility Expansion) be approved. G. Receive Bids /Award Contract (Rahn Rd Reconstruction) Mayor Egan expressed his concerns about how high the bids were over original cost estimates. He asked the Director of Public Works whether or not the City should consider rejecting these bids and rebidding. The Director of Public Works said that although the bids were above those included in the feasibility report, they were comparable to the engineer's estimate. He added that most of the additional costs will be to additions in the scope of the project. Mr. Colbert said that these additional costs would not affect the assessments to the homeowners, however, would come out of the Major Street Fund. It was recommended that the bids for Contract 90 -04 (Rahn Road Reconstruction) be received and that the contract be awarded to Alexander Construction. H. Acknowledge Completion /Authorize Final Payment (Well #13 Lexington Ave Booster Station Pumpinq Facilities) It was recommended that completion be acknowledged and that the 6th and final payment for Contract 88-33 (Well #13 Lexington Avenue Booster Station Pumping Facilities) in the amount of $8,060.85 be authorized and that improvements for perpetual City maintenance be accepted subject to appropriate warranty provisions. I. Acknowledge Completion /Authorize City Maintenance (Lexington Pointe-Streets Utilities) It was recommended that completion of Contract 87 -W (Lexington Pointe-Streets Utilities) be acknowledged and that assumption of perpetual maintenance by the City be authorized subject to appropriate warranty provisions. J. Contract 85-FF/Acknowledqe Completion/Authorize City Maintenance Safari Estates 3rd It was recommended that completion of Contract 85-FF (Safari Estates 3rd Addition Streets and Utilities) be acknowledged and that assumption of perpetual maintenance by the City be authorized subject to appropriate warranty provisions. K Project 525 /Approve Settlement Agreement (Parcel 10- 83700- 030- 04/Woodlands) It was recommended that the settlement agreement for Parcel 10- 83700- 030 -04 regarding the special assessment appeal for Project 525 (Woodlands Trunk Storm Sewer) be approved. 0r180 Page4 /EAGAN CITY COUNCIL MINUTES June 5, 1990 Farm) L Project 491 /Approve Special Assessment Agreement (Parcel 10- 02400 010 -78 /Eagan Hills It was recommended that the special assessment agreement for Parcel 10 -02400-010 -78 regarding Project 491 (Eagan Hills Farm Trunk Utilities) be approved and that the Mayor and City Clerk be authorized to execute all related documents. M. Project 466 /Receive Final Assessment RoII /Order Public Hearing (Pilot Knob Road) It was recommended that the final assessment roll for Project 466 (Pilot Knob Road -Streets and Utilities) be received and that the final assessment public hearing be scheduled for July 10, 1990. N. Contract 89 -03 /Approve Plans /Authorize Ad for Bids (Maintenance Facility Expansion) It was recommended that the plans for Contract 89 -03 (Maintenance Facility Expansion) be approved and advertisement for a bid opening to be held at 2:00 p.m. on June 29, 1990 be authorized. After additional brief discussion, McCrea moved, Pawlenty seconded, a motion to approve the Consent Agenda with the exception of Item C, Fina Company, service station and cigarette license, which was moved to the end of the agenda for further discussion. Aye: 5 Nay 0 GORBAC The City Administrator acknowledged the work last weekend of Chief of Police Pat Geagan in regard to the expected Mikhail Gorbachev visit. Because the motorcade through our City was called off so late, there was not time to inform our officers that they need not report. Therefore, the City has incurred expenses as a result of this call out. The City Administrator has written a letter to Governor Perpich regarding the City's expenses. The City Council was in agreement with sending a letter to the Governor regarding these expenses. PUS >HE RI PROJECT 589 /ELRENE AND KOST ROAD Pawlenty moved, McCrea seconded, a motion to continue the public hearing for Project 589 (Elrene Road and Kost Road Streets and Utilities) to the July 17, 1990 regular City Council meeting. Aye: 5 Nay: 0 OLD MESS EIS /COMP GUIDE PLAN AMENDMENT/WEST PUBLISHING The City Administrator said that West Publishing had applied for an amendment changing the land use designation of 112.56 acres of land from D -I single family residential, D -II mixed residential and D -III mixed residential to industrial. He said the Advisory Planning Commission had approved this amendment on December 21, 1989. At the January 4, 1990 City Council meeting, the amendment was 00181 Page5/EAGAN CITY COUNCIL MINUTES June 5, 1990 CITIZENS TASK FORCE /ICE ARENA 0C182 approved conditioned upon 1) completion of Metropolitan Council review and comments and 2) completion of the mandatory environmental review process and determination of adequacy pursuant to Minnesota Rules Part 4410.2800 to 4410.6500. The City Administrator said that the Metropolitan Council had reviewed and approved the request and the amendment to the Comprehensive Guide Plan on May 10, 1990 which now allows City Council to proceed with the final EIS for the West Publishing Eagan Corporate Center. The Mayor and City Council expressed their appreciation for the sensitivity that West Publishing has shown in dealing with the City and the residents in all phases of their expansion and upgrading in Eagan. The City Administrator also expressed the thanks of the staff for the excellent cooperation they have received from West Publishing. Mr. John Nasseff of West Publishing took the opportunity to express their appreciation to the City Council and City staff. Mr. Nasseff said of all their offices across the country, none is treated as well as their office in Eagan. Gustafson moved, Pawlenty seconded, a motion approving a resolution determining the adequacy of a final environmental impact statement for the West Publishing -Eagan Corporate Center. Aye: 5 Nay: 0 R 90.38 Wachter moved, McCrea seconded, a motion to approve a resolution amending the Eagan Comprehensive Guide Plan. Aye: 5 Nay: 0 R 90.39 The City Administrator said that a meeting was held June 4 for the Ice Arena Committee. He then presented a list of those who attended and this list is attached to the minutes as Exhibit A. Mayor Egan said he was impressed by the make -up of the group that had attended the June 4 meeting. He said it was a diverse group and asked the Council if they wished to accept the persons on the list as the appointments to the task force. Councilmember Gustafson recommended that the City Council accept the list as presented. He also recommended that the Council only concern itself with balance when and if replacements are needed. Mayor Egan recommended that applications for the task force be kept open until the next meeting of the task force on June 27. Councilmember McCrea said that strong consideration should be given to all persons who send a letter, attend the meetings or generally make an effort to be on the task force. Gustafson moved, McCrea seconded, a motion to approve and establish a Citizens Task Force to Study an Ice Arena Facility and that the attached list of names be approved as the members of the task force with consideration given to additional members through June 27, 1990. Aye: 5 Nay: 0 UQUOR UCENSE REGULATIONS /UCENSE FEE PROPOSAL The City Administrator summarized the analysis of regulations governing liquor, wine and beer licensing conducted to date by the City Council and staff. The code amendments resulting from that process are on the agenda for Council consideration. The City Administrator also requested that the Council set a hearing date to consider changes in liquor, wine and beer license fees and wine /beer investigation fees. Page6 /EAGAN CITY COUNCIL MINUTES June 5, 1990 00183 Councilmember Pawlenty asked whether the one license per 5,000 population is a result of recent data. Police Chief Geagan said that when staff developed empirical data requested by the City Council, this figure was given to them by the Liquor Control Board and it is felt it is as current as any available. Mr. Dave Perrier, owner of an off -sale liquor store in Eagan, stated that the idea of basing one license per 5,000 population is past. He said the 1:5000 was appropriate when Eagan was a newer community, but that the ratio was no longer applicable. Mr. Perrier was also concerned that two licenses for off-sale liquor stores were approved in February but only one store was up and running. He felt that before a license is approved, the operation should be ready to go. He was in favor of issuing only one license a year. Mayor Egan asked the City Attorney if there was a deadline on putting a license into use. The City Attorney said the amended code provides for an August 31 deadline. If the applicant had not put the license into use by that time, the license would be rescinded. After further discussion, McCrea moved, Wachter seconded, a motion to approve the proposed amendments to Chapter Five, Beer, Wine and Liquor Licensing Regulations with the following exception: School will include nursery, elementary or secondary school structures, and day care center structures. There was to be additional language to restrict issuance of new off -sale liquor licenses to one per calendar year. Aye: 4 Nay: 1 (Gustafson) McCrea moved, Pawlenty seconded, to forego designation of on -sale liquor license categories to new licenses created by population increases and to any license returned to the City. The license category will be considered at the time of application. Aye: 4 Nay: 1 (Gustafson) Wachter moved, Gustafson seconded, a motion to set July 17, 1990 as a public hearing date for proposed changes in liquor license fees. Aye: 5 Nay: 0 SHERWOOD DOWNS DEVELOPMENT PROPOSAL The City Administrator said that at the May 17, 1990 City Council meeting, this item was continued to allow the developer to meet with the adjoining property owner and reach an agreement regarding the continuation of Rocky Lane. The Director of Community Development said that three alternatives were considered. Alternate 1 would allow for the continuation of Rocky Lane as a through street. Alternate 2 was proposed by Argus Development and would end in a cul-de -sac from the north and result in the loss of one potential lot from Kingswood 4th Addition. Alternate 3 was proposed by Jim Horne and also would end in a cul-de -sac from the north, however, would then result in the Toss of one lot to the Sherwood Downs development. It is the recommendation of staff that the City Council keep the original plan with the through street and the applicant would have to work out a slope easement with the adjoining property owner. Mayor Egan said he agreed with staff as Alternate 1 was the only alternative that did not result in a loss of potential Tots in either subdivision. The Mayor also pointed out that the three lots that the Jim Horne development refers to as being affected by Rocky Lane are in fact an outlot at this time. He then recommended to the City Council that they go with the original proposal. The Director of Community Development said that the two property owners would have to negotiate the layout of the through street and that the final plat would be held until slope easements are obtained. McCrea moved, Pawlenty seconded, a motion to approve a Comprehensive Guide Plan Amendment changing the land use designation from D -2 (mixed residential approximately 29 acres) to Page7/EAGAN CITY COUNCIL MINUTES June 5, 1990 00184 D -1 (single family) and a planned development amendment of approximately 20 acres from R-3 (townhouse) to R -1 (single family) within the Blackhawk Park Planned Development. Aye: 5 Nay 0 R 90.40 McCrea moved, Wachter seconded, a motion to approve a rezoning of approximately 9 acres from A (agricultural) to R -1 (single family). Aye: 5 Nay: 0 McCrea moved, Gustafson seconded, a preliminary plat for 62 single family Tots located in the northwest quarter of the intersection of Pilot Knob Road and Deerwood Drive utilizing Alternate 1 (see attached Exhibit B) and 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, 61, B2, B3, B4, C1, C2, C5, D1, El, F1 and Gi. 2. Additional landscape screening along the southeast cul-de -sac to block headlights facing Pilot Knob Road shall be provided. 3. The cul -de -sac lengths shall be approved as per the plan dated April 5, 1990. Five foot building setbacks to 25 feet shall be permitted on: Lots 1 through 28, Block 1; Lots 1 through 7, Block 2; Lots 3, 4, 9 and 12 through 16, Block 3. 4. The well and septic system shall be abandoned to City specifications on the house in the southeast corner of the development. 5. The development is required to submit detailed plans and specifications of the proposed retaining wall construction for staff review prior to grading permit issuance. 6. The development will be responsible for any damage done to this City's existing trunk sanitary sewer as a result of the development's activities. 7. The development is required to provide a 1 cfs outlet control for the pond in the backyard area of Lots 8, 9 and 24, Block 1 adjacent to Pilot Knob Road. 8. The development is required to provide a 1 cfs outlet control for the pond proposed in the south central portion of Block 2. 9. The development is required to provide a 3 cfs capacity storm sewer outlet to the landlocked low area created in the backyard area of Lots 4, 5 and 6, Block 1. 10. A cfs capacity storm sewer is required for Street C at its intersection with Deerwood Drive. 11. The development is required to provide an 8 inch sanitary sewer stub to the west line of the development along the north side of Deerwood Drive. and B. 12. The development is required to loop the watermain between the cul-de -sacs in Streets A 13. A 60 foot wide easement is required for the existing 33 inch trunk sanitary sewer which crosses the westerly portion of the development. 14. Temporary slope easements are required from adjacent properties where grading extends beyond the development. Page8 /EAGAN CITY COUNCIL MINUTES June 5, 1990 40185 15. The development is to comply with those standards set forth for new developments in the Water Quality Management Plan. 16. 40' setbacks along Deerwood Drive will be permitted. 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. Aye: 5 Nay: 0 tili9T HUSi FINANCIAL REPORT McCrea moved, Wachter seconded, a motion to adopt the 1989 Comprehensive Annual Financial Report. Aye: 5 Nay: 0 CODIFICATION /1990 ORDINANCES Wachter moved, Pawlenty seconded, a motion to approve the 1990 ordinance codification as presented. Aye: 5 Nay: 0 Wachter moved, Pawlenty seconded, a motion to approve a temporary license fee for liquor, amending Chapter 5 of the City Code. Aye: 5 Nay: 0 Wachter moved, Gustafson seconded, a motion to approve an ordinance bringing the reference to traffic laws up to date as amended in Chapter 8 of the City Code. Aye: 5 Nay: 0 PETITION TO REMOVE STOP SIGN /JOHNNY CAKE RIDGE ROAD EAST HICKORY HILL DRIVE The Director of Public Works reviewed the history of this item by saying that the stop sign had been requested by the homeowners in 1978. The concerns at that time regarded pedestrian safety in the street. The Director of Public Works said that although the stop sign did not meet the warrants necessary for installation, it was approved by the City Council for a trial period of three months. The stop sign has been in place ever since. With the use and completion of Johnny Cake Ridge Road to Diffley Road, Johnny Cake Ridge Road has now become one of the primary collector streets within the community. The Director of Public Works pointed out that the petition was received from residents who said it impedes the flow of traffic on a main thoroughfare. Wachter moved, McCrea seconded, a motion to remove the stop sign on Johnny Cake Ridge Road at East Hickory Hill. Aye: 5 Nay: 0 VARIANCE /PHILLIPS 66 COMPANY The Director of Community Development said that during the process of laying out the site for construction, a miscalculation of 7 feet occurred. As a result of the calculation, the underground tanks, pump islands and buildings were placed 7 feet south of the position indicated on the plan. By the Page9 /EAGAN CITY COUNCIL MINUTES June 5, 1990 time the mistake was found, the tanks, pump islands and building footings were in place. The applicant is requesting a modification of the original plan in order to maintain proper traffic flow into and out of the site by reducing the size of the boulevard along Duckwood Drive by 7 feet. The applicant ceased all construction on the site when the error was noted. The new plan would decrease the boulevard by 7 feet without decreasing the landscaping or berming. The applicant has submitted a revised landscaping plan in which they have added additional plantings for screenings. Councilmember Pawlenty mentioned that there was a lot north of this site of questionable value and was concerned that this variance would create more room for the parcel to the north. Councilmember Gustafson said it would be impossible to move the site now, because the hardship is there. However, he questioned whether it was inadvertent or on purpose. Gordon Christiansen of the surveying company addressed the Council and said that additional right -of -way had been added to the site at the last moment. He said when the crew set the stakes, they used the wrong line. He said the error was caught by the building inspectors and contractor and that the error was not by design, but was inadvertent. After determining that it would not be necessary to further restrict building on the parcel, Gustafson moved, McCrea seconded, a motion to approve a 7 foot variance to the required 20 foot parking setback along Duckwood Drive for Lot 1, Block 1, George W. Giles Addition as requested by Minnesota Valley Surveyors for Phillips 66 Company. Aye: 4 Nay: 1 (Wachter) CONDITIONAL USE PERMIT /NAEGELE OUTDOOR ADVERTISING 0 The City Administrator said this item dates back to a public hearing held by the Advisory Planning Commission at their January 23, 1990 regular meeting. The Planning Commission is recommending denial of the conditional use permit. The Director of Community Development said that three similar requests have been denied on this location since 1985. He said that if this sign was approved, no other pylon signs would be allowed on Lots 1, 12, 13 and 15 and the unplatted 6.4 acre outlot to the east due to the 300 feet spacing code requirement for pylon signs and 1,000 feet spacing requirement for advertising signs. He said that the applicant did also remove the existing Vendmark sign. Mike Cronin, representing the applicant, pointed out that the area where the sign is planned is one that has been slow to develop. He said that allowing the billboard would be a benefit to the landowner and help defray his taxes and would be a means of advertising in Eagan. Mr. Cronin said that Eagan is a very mobile community and is hard to reach by other means of advertising. He said the billboard would be located on vacant land and have a five -year lease. He said if the land would develop or sell, the lease would be extinguished. He said the City may wish to reserve the right to review the application in 4 years. If the City were to say at that time that they did not want the billboard, the lease would not be renewed. Mayor Egan said the situation was analogous to the liquor licenses or another example of blending policy with policy and implementation. The Mayor said there were six potential sites for billboards and questioned whether the City Council should respond to specific applications or implement a policy regulating any further use of billboards. He then stated that the landowner had agreed to remove any other signs on the property which had been a drawback to this location in the past. Councilmember Gustafson questioned a statement in the Advisory Planning Commission of January 23, 1990 wherein Commissionmember Miller 'asked if there was any relevance to prior approvals.' Also included in the minutes was a response by City Attorney Mike Dougherty who 'pointed Page10 /EAGAN CITY COUNCIL MINUTES June 5, 1990 00187 out that the situations were different.' Councilmember Gustafson asked City Attorney Jim Sheldon for a clarification. City Attorney Sheldon said that each application had to be considered on its own merits. He said that while there was merit to prior determinations, each application must be taken by itself. He said that any prior decisions would be one factor to consider in making a determination. Councilmember Gustafson also expressed a concern that no signs may be too conservative. It was his opinion that it would not be detrimental to have well placed signs to bring dollars into Eagan. Councilmember McCrea said that she was not in favor of billboards in Eagan, however, if one had to be put in, this would probably be a good site. She then expressed her concern about cigarette and liquor advertising on the billboard. Mr. Cronin said he could voluntarily state that no tobacco or liquor would be advertised on this sign. After further discussion regarding the placement of this sign on developed, platted property and the Council's concern that this action would open up additional property to sign applications, McCrea moved, Gustafson seconded, a motion to approve a conditional use permit to allow a billboard advertising as requested by Naegele Outdoor Advertising along the south side of 1-494 in the northwest quarter of Section 3, and to include the preparation of an agreement between the City of Eagan and Naegele Outdoor Advertising that would add several future geographical sign locations and other outdoor advertising guidelines. The conditional use permit shall be subject to the following conditions: 1. The height and square footage shall be determined by the City Council. 2. The one -time sign fee of $2.50 per square foot shall be required. Councilmember Pawlenty said that although he understood the rationale, he would vote against the billboard. He said he did not believe a change in the billboard ordinance was necessary. Aye: 3 Nay: 2 (Wachter and Pawlenty) CONDITIONAL USE PERMIT /BROWN MINNEAPOLIS TANK After a brief background statement by the Director of Community Development, Mr. Bill Jenrich, representing Brown Minneapolis Tank, came forward to answer any questions. Councilmember Pawlenty said he understood that they received a two -year approval in 1984 and a renewal in 1988. He asked what kind of approval was obtained in 1986. Mr. Jenrich said that the renewal was overlooked and that as soon as it was realized, they brought in an application. Councilmember Pawlenty then asked why, after six years, the company had not decided on their expansion needs. Mr. Jenrich said that they had purchased another business and had expected staff members to increase. However, as it turned out, they have slightly fewer people today than they had in 1984. Space requirements are approximately the same as they were in 1984. Mr. Jenrich said that the company feels the trailers are attractive and it is hard to make a case for expanding if staff numbers are actually Tess. Councilmember Gustafson said he did not find the trailers objectionable and said that the term 'temporary probably applies to the nature of the block foundation. Mayor Egan said that instances such as this would tend to lead to the abuse of the permit process. He strongly suggested that if the application were approved, that it would be the last two -year renewal of this permit. Egan moved, Gustafson seconded, a motion to approve a conditional use permit to allow a temporary office structure as requested by Brown Minneapolis Tank and Fabricating Company with the following conditions: Page11 /EAGAN CITY COUNCIL MINUTES June 5, 1990 1. The office is temporary and the conditional use permit shall be renewed for two years. 2. It is strongly recommended that this be the final renewal of this conditional use permit. Aye: 4 Nay: 0 (McCrea was not present for the vote) WAIVER OF PLAT /JANE SAM ROCKWOOD $6,013. Aye: 4 Nay: 1 (Gustafson) THE WOODLANDS NORTH /COMPREHENSIVE GUIDE PLAN AMENDMENT REZONING /PLANNED DEVELOPMENT AMENDMENT /PRELIMINARY PLAT 00188 After discussion and a presentation by Mr. Rockwood, Egan moved, Wachter seconded, a motion to approve a waiver of plat for Jane and Sam Rockwood for Lot 2, Block 1, Rockwoods Addition to divide that lot into two Tots subject to the following conditions: 1. Recording with the County within 60 days of Council action. 2. All other applicable code requirements. 3. Charges for sanitary sewer trunk, water trunk, and storm sewer trunk in the amount of R 90.41 After pointing out that any Council action would be subject to the recommendation of the Advisory Parks and Recreation Commission from their June 7, 1990 meeting, the City Administrator turned the discussion of the background over to the Director of Community Development. The Director of Community Development said that a public hearing was held by the Advisory Planning Commission at their last regular meeting on May 22, 1990. He said the APC is recommending approval. Mr. Robert Engstrom and Mr. Ross Fefercorn then gave brief presentations as to the project and the types of homes that are being proposed. The proposal will consist of three housing types: 1) single family, 2) duplex units, and 3) an apartment area on the proposed Outlot A. The project will reduce the total density to 4.8 units per acre on the overall site. Councilmember Pawlenty asked if this was a part of the R-4 Study. Community Development Director Runkle stated that it was originally included with the R-4 Study but was removed when it became apparent that an application was forthcoming. He said staff had been assured that the density of the parcel would be reduced with the application. Mr. Engstrom then requested permission from the City Council to take up Condition 12 with staff. He said they did not wish to install storm sewer if it was found to be unnecessary. Director of Public Works Colbert then suggested that Condition 12 be changed to read 'storm sewer, if required, to drain a landlocked low area in proposed Block 2.' Wachter moved, Gustafson seconded, a motion to approve a Comprehensive Guide Plan Amendment to change the land use designations of approximately ten acres from D -III to D -I, approximately eight acres from D -I to D -II, approximately eight acres from D -III to D -II and approximately ten acres from D -I to D -III. Aye: 5 Nay: 0 R 90.42 Wachter moved, McCrea seconded, a motion to rezone approximately 59.5 acres from R-4 (multiple) and AG (agricultural) to Planned Development. Aye: 5 Nay: 0 Page12/EAGAN CITY COUNCIL MINUTES June 5, 1990 Wachter moved, McCrea seconded, a motion to approve a planned development amendment from R-4 to R -1 within the Gopher Eagan Planned Development. Aye: 5 Nay: 0 Wachter moved, McCrea seconded, a motion to approve a preliminary plat consisting of approximately 59.5 acres with one modification 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, 61, B2, B3, B4, C1, C2, C4, C5, D1, El, F1 and G1. 2. A Planned Development Agreement shall be entered into for a five year period. 3. Setbacks in the duplex area shall be allowed as per the development plan. 4. A copy of the Homeowners Association by -laws shall be submitted to the City Attorney for their review and approval. 5. All trash and recycling materials shall be contained within the units until the day of pick- up. 6. Outlot A shall have a cap of 200 housing units and conform to all R-4 requirements at the time of development. 7. No driveway access shall be allowed onto Elrene Road. 8. All well and septic systems shall be abandoned through City and Department of Health specifications. 9. The R -2 area shall have lawn irrigation. 10. The development is required to comply with the requirements of the City's Comprehensive Water Quality Management Plan. 11. The development is required to modify proposed grading plan; to provide adequate cover on the proposed sanitary sewer line in Cul -de -sac B. 12. Storm sewer is If required to drain a landlocked low area in proposed Block 2. 13. Additional right -of -way is required at the intersection of Trails End Road and Kost Road in accordance with City design criteria. Aye: 5 Nay: 0 LANDSCAPE ORDINANCE AMENDMENT Gustafson moved, Wachter seconded, a motion to continue the landscape ordinance amendment to the June 19, 1990 regular City Council meeting. Aye: 5 Nay: 0 DIRECTOR OF PUBLIC WORKS /UNAUTHORIZED ADJUSTMENT TO POND ELEVATIONS The Director of Public Works said that routine inspection of the storm sewer facility has revealed that some property owners are starting to construct artificial dikes and dams in front of the storm sewer outlets for various ponds and wetlands, thus artificially increasing the normal water elevation for these ponds. Mr. Colbert said that staff has some concerns regarding this activity as it tends to reduce the 00189 Page13 /EAGAN CITY COUNCIL MINUTES June 5, 1990 safety factor, for the ponds bounce from their flood elevation to the lowest house elevation as well as submerging upstream storm sewer facilities. This results in silt and sediment deposits in these pipes reducing their capacity and requiring additional maintenance. The Director of Public Works said he was seeking direction from the Council regarding the handling of this situation. ADMINISTRATI AGEND After some discussion, the City Council directed staff to remove any barriers involved in the storm sewer system and then work with the homeowners with suggestions on how to achieve the same effects without affecting the City's storm sewer system. EXTENSION/TOWN CENTRE 100 5TH FINAL PLAT Wachter moved, Gustafson seconded, a motion to extend the timeframe to record the final plat for Town Centre 100 5th Addition to June 30, 1990. FINA COMPANY /SERVICE STATION PERMITS /CIGARETTE LICENSES McCrea moved, Gustafson seconded, a motion to approve the service station permits and cigarette licenses for Fina Oil and Chemical Company existing service stations at 4250 Lexington Avenue South and 1286 Lone Oak Road. Aye: 5 Nay: 0 CHC EK# Wachter moved, Egan seconded, a motion to approve the checklist dated June 1, 1990 in the amount of $2,274,720.79 and the checklist dated June 5, 1990 in the amount of $746,932.80. Aye: 5 Nay: 0 D, q J U T I V E s S 5 1 c N A D J Y NME +iT yr The City Council adjourned the regular meeting to an executive session to consider attorney /client privileged information at 11:45 p.m. Those in attendance were Mayor Egan, Councilmembers Gustafson, McCrea, Pawlenty and Wachter, City Administrator Hedges and City Attorney Sheldon. The executive session was adjourned at 12:20 a.m. CITY OF EAGAN KF Sent Letter But Not at Meeting: Thomas F. Karner Mark Johnson *Home Phone EXHIBIT A CITIZENS TASK FORCE ICE ARENA ALTERNATIVES June 4, 1990 Name Address Telephone Gary Fuchs 1221 Flicker Circle 688 -0224* 456 -9539 Richard Hansen 1233 Flicker Circle 452 -4337* 457 -4665 Jan Linton 3447 Highlander Drive 452 -4464 Frank J. Potocnik 731 North Hay Lake Rd 452 -4092* 332 -5500 Kristen A. Willson 1284 Deercliff Lane 456 -5492 Tom Kranz 1006 Danbury Court 687 -9050* 297 -3168 Floyd A. Hiar 3720 Knoll Ridge Rd 456 -0387 Alan Menning 4174 Blueberry Circle 454 -3396* 379 -7000 John Scharffbillig 4505 Ridgeview Dr 452 -3501* 297 -4588 Bryan Karrick 4773 London Lane 454 -2779 Jerry Thompson 883 Park Knoll Drive 688 -8838 Brian Johnson 9211 Oakland Ave /Bloomington 884 -1180 Eagan HS Tom Wilson 4185 Braddock Tr 683 -6902 Doug Lee 1113 Parkview Lane 452 -2140 John Glynn 4027 Pennsylvania Ave 688 -2344 3526 Lexington Avenue 4149 Strawberry Lane 00191 687 -9575* 635 -5249 454 -9008 Z ©0192 c 1 3 O A lr