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06/19/1990 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CRY COUNCIL EAGAN, MINNESOTA JUNE 19, 1990 A regular meeting of the Eagan City Council was held on Tuesday, June 19, 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. AGENDA Gustafson moved, Wachter seconded, a motion to adopt without modification the agenda for the June 19, 1990, regular City Council meeting. Aye: 5 Nay: 0 MU JUTES 0(1 Gustafson moved, Wachter seconded, a motion to approve the minutes for the June 5, 1990, regular City Council meeting. Aye: 5 Nay: 0 Wachter moved, Gustafson seconded, a motion to approve the minutes for the May 24, 1990, special City Council meeting. Aye: 5 Nay: 0 Gustafson moved, Pawlenty seconded, a motion to approve the minutes for the May 24, 1990, special City Council meeting subject to clarification of the third paragraph as follows: In review of the site plan, there were general comments regarding better site sensitivity and the dwelling units meeting the R-4 building standards. A detailed discussion on the site specifics will be discussed in the planning process. Staff was directed to proceed with the preliminary plat application, with the downzoning from R-4 to R-3 to be processed concurrently. This concluded the R-4 Study presentation at the June 4, 1990, special City Council meeting.' Aye: 5 Nay: 0 STAFF ITEMS At this time, Mayor Egan asked Cable Administrator Mike Reardon for an update on cable activities. Mr. Reardon briefly discussed such issues as the reduction in cable complaints, the success of local access programming and then answered questions from the Council. Police Chief Pat Geagan was recognized as Eagan's latest Cash for Trash winner. Because Chief Geagan is a City of Eagan employee, the $300 award was donated to the charity of his choice, the Community Action Council. Mayor Egan introduced Dave Johnson, 3840 Ashbury Road, who is having problems with erosion at his home in Blackhawk Glen. Director of Public Works Colbert said while he had not had an opportunity to review the situation personally, City staff had looked at the area and it appears that storm water is draining according to plan. Mr. Colbert said that this type of erosion is very common during construction as it is too early to sod the properties. He said that developers are asked to install means of erosion control; however, this is not always done. Councilmember McCrea questioned whether the storm sewer system was adequate in that area in light of the number of erosion and run -off complaints. She also asked if the system had been publicly or privately installed. The Director of Public Works said it had been installed privately and the Page 2/EAGAN CITY COUNCIL MINUTES June 19, 1990 0G194 Engineering staff feels it is adequate. Mr. Colbert said that when individual properties as sodded and landscaped, the original grading plan is not always retained thereby resulting in changes to run -off and retention patterns. Mr. Johnson said there is a large hill behind his lot and that storm water runs behind the lots and down the block. He said the storm water 'rivers' during large rainfalls and 'ponds' in his lot. He is concerned that it will begin running into his home. Mayor Egan asked that staff check to see if the property is in compliance with the drainage control plan. City Administrator Hedges then indicated that staff procedures for investigating erosion control complaints in areas already developed will be clarified and Mr. Johnson's complaint will be handled accordingly. Chief of Police Geagan reported that the dispatch center had received 50 calls on June 18 in the period from 9:00 to 10:30 p.m. regarding odor from the Koch Refinery. He said there were also reports of illness. Chief Geagan said that an unfortunate side effect of the calls was the tying up of the regular Police telephone lines thereby prompting a number of non emergency calls on 911. Chief Geagan said they would not know what caused the odors until Friday, June 22. CONSENT Mayor Egan asked if the Councilmembers had any questions regarding any items on the Consent Agenda. Councilmember Wachter said he had questions regarding Items H, K, L, and M. The Mayor then recommended that Item K, Galaxie Cliff Plaza 2nd Addition, be pulled from Consent and moved to the end of the agenda and that the other items be allowed to remain on Consent if discussion was brief. Councilmember Wachter first addressed Item H (Contract 89-13, Cliff Road Water Treatment Facility). He said the bid should not be awarded considering how much higher the bids were than the feasibility estimate. Councilmember Gustafson asked if the $1,000,000 difference could be attributed to additions to the contract. Director of Public Works Colbert said that feasibility reports are not as complete as detailed plans and specifications. He said that this is a unique and complex project and many items necessary to its completion could not be anticipated, i.e., extended warranties on complex equipment, additional soil testing, finding a second well on site, additional storm sewer because of downstream effects, and new Public Health requirements. Councilmember McCrea asked where money to pay for the facility would come from. Director of Public Works Colbert said it would come from a combination of funds accumulated from a surcharge added to all building permits and revenue bonds. The Councilmember said she would have additional questions and asked that the item be pulled from Consent and moved to the end of the agenda for further discussion. Councilmember Wachter then asked the Director of Public Works about Item L, and a feasibility report/public hearing for Country Home Heights. He asked if the storm sewer extension was part of the master plan. The Director of Public Works said it was an incremental installation of the storm sewer and that future laterals would tie into the extension. Councilmember Wachter also had a question on item M, Project 594/Water Quality Pond JP- 67. He asked how deep the pond would be and if it existed at this time. Director of Public Works Page 3 /EAGAN CITY COUNCIL MINUTES June 19, 1990 Colbert said the optimum depth for a water quality pond is 3' to 5'. He said the pond 'unofficially' exists but is not working effectively and will require better definition. A. Personnel Items: 1. It was recommended that the hiring of Jason Forde and Scott Wohnoutka as seasonal park maintenance workers, Leroy Berg as a seasonal weed inspector and Dave Shomion as a seasonal streets maintenance worker be ratified. 2. It was recommended that the position of Water Resources Coordinator be approved and advertisement to fill the position authorized. 3. It was recommended that the hiring of Brent Casselman, Sheila Haugh and Krista Murtfeldt as seasonal summer recreation staff members be ratified. 4. It was recommended that the sergeants bargaining unit settlement for 1990 be ratified. B. Ucense Renewals, Service Station Permits It was recommended that the service station permit renewals for sixteen (16) service stations be approved. (Exhibit A) C. Ucense Renewals, Amusement Device It was recommended that the amusement device renewals for 1990 be approved. (Exhibit B) D. License Renewal, Massage Therapy Establishment It was recommended that the massage therapy establishment license renewal for Today's Concept of Eagan including the massage therapist license for Kathleen Maurer be approved. E. License Renewals, Driving Range It was recommended that the driving range license renewal for Tri -Land Companies/Tee Time Driving Range be approved. F. Uons Club, Temporary Beer Ucense/4th of July Celebration It was recommended that a temporary beer license for Robin Norton of the Eagan Uons Club for the Eagan 4th of Juty Celebration, dates to be effective July 1 through July 4, 1990, be approved. G. Shows Ucense, 4th of JuN Camival It was recommended that a shows license for Robin Norton of the Eagan Uons Club for a camival for the Eagan 4th of July Celebration, dates effective July 1 through July 4, 1990, be approved. H. Contract 89 -13, Receive Bids /Award Contract (Cliff Road Water Treatment Facility) It was recommended that this item be removed from the Consent Agenda and placed at the end of the regular agenda for further discussion. 0U195 Page 4/EAGAN CITY COUNCIL MINUTES June 19, 1990 I. Contract 90-07, Receive Bids /Award Contract (1990 Street Trail Sealcoating) 00196 It was recommended that the bids for Contract 90-07 (1990 Street Trail Sealcoating) be received and the contract awarded to the lowest responsible bidder and the Mayor and City Clerk authorized to execute all related documents. J. Project 597, Receive Feasibility Report/Order Public Hearing (Hills of Stonebridge 3rd Addition Trunk Storm Sewer) It was recommended that the feasibility report for Project 597 (Hills of Stonebridge 3rd Addition Trunk Storm Sewer) be received and a public hearing scheduled to be held at 7:00 p.m., on July 17, 1990. K. Project 598, Receive Petition/Authorize Feasibility Report (Galaxie Cliff Plaza 2nd Addition Streets Utilities) It was recommended that this item be removed from the Consent Agenda and placed at the end of the regular agenda for further discussion. L Receive Feasibility Report/Order Public Hearing (Country Home Heights Storm Sewer) It was recommended that the feasibility report for Project 595 (Country Home Heights Storm Sewer) be received and a public hearing to be held August 7, 1990, be scheduled. M. Project 594, Receive Feasibility Report/Order Public Hearing (Water Quality Pond JP -67) It was recommended that the feasibility report for Project 594 (Water Quality Pond JP-67) be received and a public hearing to be held on July 17, 1990, be scheduled. N. Project 596, Receive Feasibility Report/Order Public Hearing (Woodlands North Addition Streets Utilities) It was recommended that the feasibility report for Project 596 (Woodlands North Addition Streets Utilities) be received and a public hearing to be held on July 17, 1990, be scheduled. O. Contract 87 -AA, Acknowledge Completion /Authorize City Maintenance (Boulder Ridge Streets Utilities) It recommended that the completion of Contract 87 -AA (Boulder Ridge Streets Utilities) be acknowledged and the assumption of perpetual maintenance by the City be authorized subject to appropriate warranty provisions of the development agreement. P. Contract 90-06, Approve Change Order #1 (Lexington Avenue Storm Sewer McCarthy Property) It was recommended that Change Order #1 to Contract 90-06 (Lexington Avenue Storm Sewer McCarthy Property) be approved and the Mayor and City Clerk authorized to execute all related documents. Page 5 /EAGAN CITY COUNCIL MINUTES June 19, 1990 District Q. Approve a Consulting Service Agreement With Dakota County Soil Water Conservation Ft was recommended that the Consulting Services Agreement with Dakota County SWCD be approved effective until May 1, 1991, and the Mayor and City Clerk authorized to execute said agreement. R. Final Plat, Tranbv First Addition lt was recommended that the final plat for Tranby First Addition be approved. S. Final Plat, Joseph Connolly Addition It was recommended that the final plat for Joseph Connolly Addition be approved. R -90.43 R -90.44 T. Ratification of 1990 Budget Adjustment in Response to Legislative HACA Aid Reductions It was recommended that the 1990 General Fund Budget adjustments be ratified as presented. U. Acceptance of Space Needs Analysis Report It was recommended that the Space Needs Analysis Report be accepted as presented by BRW. Gustafson moved, Pawlenty seconded, a motion to approve the Consent Agenda with the exception of Items H K which were moved to the end of the regular agenda for further discussion. Aye: 5 Nay: 0 TUBLICHENRMOS VACATE UTILITY EASEMENT LOT 10, BLOCK 3, CLEARVIEW ADDITION Gustafson moved, Pawlenty seconded, a motion to close the public hearing and approve the vacation of drainage and utility easements as described over Lot 10, Block 3, Clearview Addition, and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 BNESS RECONSIDER RESOLUTION CLARIFYING STORM WATER UI1LITY FEE The City Administrator introduced the item by saying it was a clarification of a resolution previously approved by the Council on the rate schedule for Storm Water Utility fees. The Director of Public Works then added that there was some confusion regarding the fee schedule for high density and /or zoned land uses. He said that the common denominator for all fees is the Residential Equivalent Factor (REF) and the clarification in the fee schedule reflects that factor. Pawlenty moved, Wachter seconded, a motion to reconsider and approve a resolution adopting a Storm Water Utility Policy and related Fee Schedule. Aye: 4 Nay: 1 (McCrea) R 90.45 Councilmember McCrea asked that the record reflect that she voted against this item because she would like to see an appeals process attached when the City is going to change the rate and that the rate is applied equitably across the board. OC197 Page 6 /EAGAN CITY COUNCIL MINUTES June 19, 1990 BUSINESS AIRPORT RELATIONS COMMITTEE RESIGNATIONS /APPOINTMENTS 0C193 After brief discussion regarding volunteer recognition and the Council's regrets upon the resignation of two members of the Airport Relations Committee, Wachter moved, Pawlenty seconded, a motion: 1) to accept the resignations of Cynthia Ellis and Sandra Marsyla from that committee, 2) to appoint alternate members George Martin and Becky Newell to the regular member vacancies subject to their acceptance, and 3) to appoint Gregory Langan and Timothy M. Ring as the new alternate members also subject to their acceptance. Aye: 5 Nay: 0 VARIANCE/JOHN VAUGHN Director of Community Development Runkle asked that the variance request for Mr. Vaughn be continued to the next regular meeting. He said that in processing this variance, the setback requirement was inadvertently calculated at 30' when the setback from Johnny Cake Ridge Road should have been 50'. Mr. Runkle said staff will check other homes in the development and also past practice as to setbacks in the area and this information will included in an updated report to the Council. Councilmember McCrea said that she had been contacted by Mr. Vaughn on June 18. Mr. Vaughn said he would be unable to attend the City Council meeting but asked that Councilmember McCrea explain to the Council that he would like the variance in order to add an extra stall to his current, two -car garage. He said he needed the extra space for storage and had contacted his neighbors and they were not opposed to the addition. Mr. Vaughn had told Councilmember McCrea that he would have to build a storage shed if the variance request was not approved. McCrea moved, Pawlenty seconded, a motion to continue to the July 10, 1990, regular City Council meeting a request for a variance to the required setback for purposes of adding an additional garage stall to the existing two-car garage at 1670 Mallard Drive as requested by John Vaughn. Aye: 5 Nay: 0 REZONING/AREA C MULTIFAMILY RESIDENTIAL LAND STUDY After introduction by Mayor Egan, the City Administrator provided background pertaining to the next three City Council items. He said that the City Council had undertaken an R-4 residential land study to examine property in the City to determine if a lesser density would be more desirable for the community. He said that the study had been going on for approximately 18 months and the Department of Community Development had prepared a complete report on each property. The City Administrator said that the City Attorney's office had reviewed the legalities of the rezoning or comprehensive guide plan changes. He said that not all property in Eagan of high density was recommended to be rezoned but certain properties had been sent to the Advisory Planning Commission for public hearing. Director of Community Development Runkle said 60-70 parcels of property were reviewed and 23 of those became part of the study area He said the number of parcels has been further reduced to 16 which is the number that will be reviewed for alternate uses or downzoning. Mr. Runkle pointed out that these changes will not necessarily result in lower intensity uses. Community Development Director Runkle said that Area C was at the southeast comer of Pilot Knob and Lone Oak Roads. ft is a 16 acre parcel with 6 acres presently zoned R-4 PD and 10 acres zoned R-3 PD. The Comprehensive Guide Plan presently designates the area as D -III or mixed Page 7 /EAGAN CITY COUNCIL MINUTES June 19, 1990 0G199 residential of 6-12 dwelling units per acre. The Advisory Planning Commission is recommending that the entire 16 acres be designated R-3 PD. Rollie Crawford, an attorney representing Balfany Development, Inc., provided a history of the parcel ending with the purchase by Mr. Balfany in 1979. Mr. Crawford said that the R-4 study had been done without the benefit of a 1975 purchase agreement pertaining to the property. The purchase agreement has now been located and Mr. Crawford said it provided that the City purchase 6 acres for parkland, the landowner would dedicate an additional 4 acres and then the City would rezone the remaining 10 acres as R-3 and R-4 PD. Mr. Crawford said that Mr. Balfany was aware of the agreement and had purchased the property because of the zoning. Mr. Crawford said there were legal and contractual elements to the issue which he believed would be enforceable. He said that if it were determined by the City Council that the 'contract' was not enforceable as relied upon by the landowner, then it would mean that the City had acquired property without any compensation. He said it would be called a 'taking.' Mr. Crawford said that some of the fees paid on the property were paid based on multiple zoning. He added that downzoning would also constitute a 'taking' of this property. Mr. Crawford said that the City obtained parkland and paid for it with zoning. Mr. Crawford then went on to discuss the concept of estoppel. He said 'estoppel' means that if one does something which someone else may rely upon, one cannot come back and change it later on. He said that the City took parkland, developed the park and then changed its mind about rezoning. In closing, Mr. Crawford said that the facts of the situation are undisputed. He said that the zoning had been in place for a long time and existing and potential homeowners on adjacent properties were aware of the zoning. He said there has been no error and no change in significant circumstances to warrant downzoning the property. Mayor Egan questioned Mr. Crawford's reference to a purchase agreement as a 'contract.' The Mayor said a purchase agreement shows the buyer and seller's intent but it is usually followed up by additional documents. Mayor Egan said there was no official PD agreement but added that even if there had been, there are time limits on PD agreements. The purchase agreement is 15 years old and has received the equivalent of a 10 year extension. John Gustin of 3061 Woodlark Lane then addressed the Council. Mr. Gustin said that much has changed since the property was zoned. He said the area is filled with R-3 and R-4 property and it is now the most densely populated section of the City. He said there has been no action in the last nine years to develop this property. He said time has passed, circumstances have changed and now an independent study has been objectively completed. He respectfully submitted that the entire parcel be designated as R -3. Councilmember Pawlenty said significant legal issues had been raised. He asked if the City Attorney was in a position to give a legal opinion at the meeting or at some other point before action was taken. City Attorney Sheldon said his office had preliminarily reviewed this item and had met on one occasion with the property owner's representative. He said he could give his legal opinion at the meeting or in writing, whichever the Council preferred. Councilmember McCrea said if the property owner would pursue legal recourse to any rezoning, she would like to know the City's legal position. Mayor Egan remarked that the property was only going from R-4 to R-3 and he believed that their first application for development of the property called for that density. He also said he agreed with Mr. Gustin as to the high density in that area. He suggested that City Attorney Sheldon submit Page 8 /EAGAN CITY COUNCIL MINUTES June 19, 1990 a written analysis and in the meantime the property owner could review the density he is proposing with City staff. Gustafson moved, Pawlenty seconded, a motion to continue a rezoning of Area C of the R-4 Land Study to the July 10, 1990, regular City Council meeting, of approximately six acres from PD R- 4 to PD R -3, located at the southwest corner of Pilot Knob Road and Lone Oak Road to allow City staff to prepare additional findings regarding the proposed change in land use designation. Aye: 5 Nay: 0 REZONING/AREA K MULTIFAMILY RESIDENTIAL LAND STUDY treiu O Mayor Egan provided a description of the rezoning of Area K The City Administrator said that a public hearing had been held before the Advisory Planning Commission on May 22 and the APC was recommending approval of the rezoning and comprehensive guide plan amendment. Director of Community Development Runkle said that Area K was located along Robin Lane between Highway 13 and Blackhawk Road and consists of approximately 93 acres. The Area is made up of 14 separate parcels now owned by 4 different property owners. He said that the existing Comprehensive Guide designation of all but 3 of the parcels is D -III, or 6-12 units per acre. Mr. Runkle said that the existing zoning is split, with 49 acres zoned agricultural and 44 acres zoned R-4. He said the R-4 study recommends a comprehensive guide plan amendment for 3 parcels from D -IV to D -III and a rezoning proposal which would convert all properties in Area K to R-3. Community Development Director Runkle said concems have been raised regarding taxes. It should be pointed out, however, that rezoning would not change the tax rate on the properties as taxes are based on present use. Mr. Frank Berman said he represented Hillcrest Development, the owner of 21 acres. He said his client objected to any attempt to rezone the property. Mr. Berman said that Hillcrest had received a notice from Community Development Director Runkle listing the two primary reasons for rezoning the property: 1) the large amount of undeveloped R-4 property and 2) the higher than average number of multifamily residences. Mr. Berman said the City could not change the zoning on the property without intrinsic reason. He said it could be done in some instances but not this one. Mr. Berman said an arbitrary selection was made of certain pieces of property to downzone and others were ignored. He said there was no reference to noise, traffic, etc., for the downzoning. After a complete and thorough analysis, Mr. Berman believed it would be the conclusion of the City Council that there was no change in the circumstances to suggest downzoning. Mr. Berman than gave a history of the property. He said that Hillcrest had purchased the property in 1969 and that it was zoned R-4 at that time. He said taxes have been paid and assessments were paid in 1983 for street and utility improvements in the amount of $155,000. He said the amount was approved by Hillcrest with the knowledge that there would be a heavy use, or R-4 zoning, associated with the property. Mr. Berman said that the law of courts in Minnesota looks at distinct expectations. This property has had an R-4 zoning for 20 years. He said that in 1969, the property was zoned for 380 units but Mr. Berman was unable to ascertain what happened to that proposal. He said that ordinances have since downgraded the 380 to 250 units, to 150 units and now the City wants to lower that number again. Mr. Berman said they have a good case because of the arbitrary selection of property. He said it constitutes a 'taking' rather than a rezoning. Page 9 /EAGAN CITY COUNCIL MINUTES June 19, 1990 Mr. Berman went on to say that the steep grade of the property also indicates a high density as it needs these additional units to make the property work. He said any substantial depletion of density may impinge on the viability of the property. He also pointed out that the R-4 zoning was in place before any single family properties were developed in the area. Mr. Berman said that the substantial assessments were based upon heavy usage. Mayor Egan said that he agrees that the basis for rezoning is a change in the circumstances or an error in the original zoning. He said that the Council is attempting to correct errors that occurred in zoning in years past. He added that there are R-4 properties that are not being reconsidered because it is felt the zoning is appropriate for those areas but they are studying these 16 because they feel an error was made. Mr. Berman said that the 'error the Mayor was citing was not the sort of error that case law cites. Councilmember Pawlenty said he agreed with the Mayor that too much property had been zoned multiple. The Councilmember then quoted the Planning Department report, 'Study Area K can primarily be seen as a rezoning of parcels to bring them into compliance with the Comprehensive Guide Plan designation. Under Minnesota Statutes 473.865, the City is required to bring its official controls (i.e., zoning ordinance) into conformance with the Comprehensive Guide Plan.' He asked Mr. Berman why that was not a valid reason to rezone these properties. Mr. Berman said that what the City is doing is selecting certain pieces of property to downzone. He said when considering a particular piece of property, it is not a comprehensive planning effort. In order to do what Eagan is doing, Mr. Berman said they would have to have a police power action. Councilmember Pawlenty said that the vast number of police calls in Eagan are to R-4 zoned properties. He said, in addition, that R-4 properties represent a disproportionate burden on public services. Mr. Berman said he did not have those statistics so could not respond to the Councilmember's remarks. Mayor Egan then asked the City Attorney whether a substantial change in circumstances and error were the exclusive criteria for downzoning and whether that criteria was to be interpreted in a broad or narrow sense. City Attorney Sheldon said they were not exclusive and that a change in circumstances such as traffic or public interest could be considered. Mr. Sheldon added that error is not widely taken up by the court and the change in circumstances or public interest would be the basis of the City's argument. Councilmember Pawlenty asked what the reference to Statute 473.865 referred to and City Attorney Sheldon said that the Metropolitan Council was requiring that zoning and comprehensive guide plans be brought into conformance. Councilmember Gustafson asked whether the assessments on the property would be different for 180 versus 250 units. Director of Community Development Runkle said that R-3 and R-4 properties are assessed at the same rate. The Councilmember then asked about the scope of a change in circumstances. Does the change in circumstances relate to a parcel and the adjacent property or does it relate to the entire City? City Attorney Sheldon said that both could be used as the basis for study. Pawlenty moved, Wachter seconded, a motion to approve a Comprehensive Guide Plan amendment to change the land use designation of approximately 11 acres within PID's 10- 77100-010- 00, 10-22451-010-00 and 10 -01700-010- 53(pt) from D -IV (Mixed Residential, +12 units per acre) to D- III (Mixed Residential, 6-12 units per acre) and that the City Attorney issue separate findings of fact on each parcel. Aye: 5 Nay: 0 00201 Page 10 /EAGAN CITY COUNCIL MINUTES June 19, 1990 Pawlenty moved, McCrea seconded, a motion to approve a rezoning of approximately 44 acres within PID's 10 -01700- 010- 77(pt), 10- 01700-010 -79, 10- 77100-010 -00, 10-01700 010 -80, 10- 01700 -030- 80 and 10-22451-010-00 from R-4 (Multiple Residential) to R-3 (Multiple Residential) and a rezoning of approximately 49 acres within PID's 10-01700-011 -51, 10-01700-010 -52, and 10-01700-010 -53 from A (Agricultural) to R-3 (Townhouse Residential) and that the City Attorney issue separate findings of fact on each parcel. Aye: 5 Nay: 0 REZONING/AREA R MULTIFAMILY RESIDENTIAL LAND STUDY Mayor Egan provided a description of the rezoning of Area R. The City Administrator said that a public hearing had been held before the Advisory Planning Commission on May 22 and the APC was recommending approval of the rezonings and comprehensive guide plan amendment. Director of Community Development Runkle said that Area R is located along Johnny Cake Ridge Road south of Diffley Road. The plan amendment and rezoning involve 4 of the 5 parcels reviewed under Study Area R. The parcel not included was taken out of the process by School District #196 for a school. At present, 39.5 acres are guided as D -III, 14 acres as D -II and 6 acres as P. Existing zoning is all R-4. The Advisory Planning Commission is recommending that 53.5 acres be designated D -I (Single Family Residential) and zoned R -1 (Single Family Residential). They are recommending that the remaining 6 acres be guided as P (Parks) and rezoned PF (Public Facilities/ Parks). Bill Bush, an attorney, spoke to the City Council regarding the interests of the Tom Wilmus family. Mr. Bush said that the property had been purchased by the Wilmus family in 1967 under the condition that the property be rezoned from A (Agricultural) to R-4 (Multiple Residential). In September of 1967, the Board of Supervisors approved the zoning as R-4. Mr. Bush said that the Comp Guide shows this property as D -III so the zoning and guide are in agreement. Mr. Bush went on to say that the infrastructure was completed some time ago with the utilities put in place in 1970 and the completion of Johnny Cake Ridge Road in 1988. Mr. Bush said that completion of Johnny Cake Ridge Road was held up due to the uncertainty of alignment with Diffley. Mr. Bush went on to say in connection with improvements, that Mr. Wilmus had contributed an easement, and the park dedication agreement and subsequent land contribution was in keeping with R-4 zoning. Mr. Bush said that if the City Council changed the zoning, the value of the property would be affected by more than $1,700,000. He said the City Council has asked for and approved parkland dedication based on 16 units per acre. Mr. Bush said the zoning was in place when the land was purchased, the utilities have been designed to handle R-4 and the property could not be developed until the alignment of Johnny Cake Ridge Road was settled. He asked that the Council not proceed with downzoning. Councilmember Gustafson asked Mr. Bush if the $1,700,000 they are claiming would be lost if the property were downzoned, related to land or developed land? Mr. Bush said he had quoted Mr. Peter Patchin who said the value of the property was $70,000 per acre but only $30,000 per acre if it were downzoned. Councilmember Pawlenty asked the City Attorney would the City's legal position would be if the property was rezoned. City Attorney Sheldon said this property was very similar to the Balfany property; however, it did not mean the opinion would be the same. Mr. Sheldon said he would provide a written opinion if desired by the Council. Page 11 /EAGAN CITY COUNCIL MINUTES June 19, 1990 Gustafson moved, Pawlenty seconded, a motion to continue consideration of Area R of the Multifamily Residential Land Study, to the July 10, 1990, regular City Council meeting, consisting of a rezoning of approximately 53.5 acres from R-4 to R -1 and of approximately 6 acres from R-4 to PF and a comprehensive guide plan amendment, located along Johnny Cake Ridge Road south of Diffley Road, to allow City staff to prepare additional findings regarding the proposed change in land use designation. Aye: 5 Nay: 0 SPECIAL USE PERMITN S WEST NEW VECTOR GROUP After introduction by Mayor Egan, City Administrator Hedges provided a brief background description of the item. Director of Community Development Runkle said the application is for a special use permit to allow antennas and a 14' X 38' equipment building on and adjacent to the Safari Water Reservoir located on Outlot B of the Eagan Royale Addition. Mr. Bill Buell, of Dahlgren, Shardlow and Uban, addressed the Council representing U. S. West New Vector Group. After a brief discussion of cellular technology, Mr. Buell said that U. S. West was now starting to build out into suburban areas. He said it was an area devoid of antennas at this time. Mr. BueII mentioned the importance of cellular communication to Fire and Police protection. He said cellular phones were particularly useful in an emergency when two -way radios become jammed. Mr. BueII said there were problems with current coverage and this has resulted in a number of 'dropped' calls. Mr. BueII said if this site were up and operating, it would solve many of their coverage problems. Mr. BueII said many factors went in to choosing this site including the topography, land forms, equipment available, other cellular sites and interference that may be encountered. He said the geographical area they can consider is usually small. Once they have determined the technical and physical issues, U. S. West considers the zoning issues and where the zoning is most likely to be in each area Because AM radio towers cause problems for cellular antenna, Mr. BueII said they like to stay at least two miles from them or locate their antennas on a massive structure. Since their entire search area is within a two -mile radius of the AM radio towers on Cliff Road, they made a determination that a tower would be their best location. Mr. BueII said they have been working with staff and the only change to the site plan is in regard to the placement of the antennas on the tower. The antennas were originally slated to go on the top of the tower; however, because the tower has no vertical supports and any welding may cause blistering inside the tower, U. S. West is planning to epoxy the antennas to the side of the tower. In response to a question from Councilmember McCrea, Mr. Buell addressed the issue of the equipment building. He said that through meetings with the surrounding landowners, U. S. West had agreed to set the building into the hillside on the north side of the tower. He also said they had agreed to move the building further up the hillside, match the brick in the retaining wall, and landscape around the building. He said the ordinance permits this type of use, it meets the criteria for special use permits in a Public Facilities district, and it meets setback requirements. Councilmember Pawlenty asked if U. S. West had a landscaping plan. Mr. BueII said they did and it will be submitted with the building permit. Mr. BueII also pointed out that U. S. West intended to provide part of the building for City use. Councilmember McCrea asked what the City would use it for. Director of Public Works Colbert said that in the future, the City could install its own radio communications system for use by Police, Fire and Public Works. Councilmember Pawlenty asked what other considerations were being discussed. Mr. Buell said they were still negotiating hardware, room in the building, etc. The Councilmember then asked who U. S. West was negotiating with and Mr. BueII said City Attorney Sheldon and Director of Public Works Colbert. 04203 Page 12/EAGAN CITY COUNCIL MINUTES June 19, 1990 0(204 A spokesman for the neighbors, Mr. Jack Davis of 12039 Gantry Lane, said if it were up to them, they would move the tower and the antennas; however, they recognize the need and they recognize the restrictions in trying to find a location for the antennas. Mr. Davis said they had looked at five different site plans and of the five, this site was the only one supported by the neighbors. Mr. Davis said Mr. Buell had been very sensitive to the neighbors and had worked with them on the aesthetics of the project. Mr. Davis then presented the Council with a petition signed by all those in the notice area except Meritor Development (Exhibit C). Mr. Paul Thomas of Mentor Development then addressed the Council. He said he had met with Mr. Buell on numerous occasions. After these discussions, Mr. Buell presented them with this alternative. Mr. Thomas said Mentor's first choice would be no facility and this alternative would be their fourth choice. He said they did not want to see barbed wire or fencing on the site to protect the technical equipment. He added that both had been installed at other sites. Mr. Thomas said that U.S. West had approached the City of Apple Valley about the Palomino tower site but Apple Valley indicated they were not interested. Apple Valley has since changed its mind, however. Mr. Thomas went on to say it is an issue of quality development. He said they went to great lengths to provide a quality development with the understanding the City was also interested in quality development. He asked that the City Council help them protect their investment. Mr. Thomas said that Meritor has 14 lots that are directly impacted by the water tower and it does reduce property values. Mayor Egan then mentioned that he did not recall ever having a unanimous petition in support of a proposal from someone representing the affected neighborhood and then have someone speak to the Council in opposition representing homeowners who don't yet exist. Mr. Thomas said that most of the petitioners, if given the choice, would prefer the site was not there at all. Councilmember Gustafson said he thought the antennas would increase property values in view of the fact that the types of homes being build in Eagan Royale would probably be occupied by those most likely to use cellular phones and to whom good reception would be an important factor. The Councilmember then went on to say that the City Council is sensitive to Mentor's desire for a quality development and that with or without antennas, Mentor would prefer no tower. Councilmember Gustafson asked Mr. Thomas whether Meritor would attempt to prevent U. S. West access to the site by refusing easement rights. Mr. Thomas said they would pursue no access. Councilmember Gustafson said that may necessitate constructing the building closer to Royale Drive so an access road would not be necessary. He added that the building would certainly be more visible closer to the road. Mr. Buell said that U.S. West also believes in quality development and they want to be a good neighbor. He said they did not propose any fences on the site. He also said that the view from those lots impacted by the site would be to the north and away from the tower. Councilmember Pawlenty asked Mr. Buell if any member of the planning firm of Dahlgren, Shardlow and Uban were representing the City in any matter at the present time. Mr. Buell said not that he was aware of. Councilmembers Pawlenty and McCrea then expressed concerns about taking action on the item before agreement on lease conditions is reached. The Council agreed that they would like everything in order before considering approval of the special use permit. Gustafson moved, Wachter seconded, a motion to continue indefinitely a special use permit as requested by William R. Buell, U S West New Vector Group Inc., to allow antennas and a 14' X 38' equipment building on and adjacent to the Safari Water Reservoir. Item to be returned to the City Council contingent upon: 1) plat plans remaining as presented, 2) antennas being permitted to be affixed to either the top or side of tower, 3) approval of lease agreement by both parties, and 4) approval by City staff of a satisfactory landscape plan and conditions. Aye: 5 Nay: 0 Page 13 /EAGAN CITY COUNCIL MINUTES June 19, 1990 CONSIDERATION/CONSENT AGENDA REMS ITEM H/CONTRACT 89-13, WATER TREATMENT FACILITY 0C205 At this point, the City Council returned to those items on the Consent Agenda which were moved to the end of the meeting for further discussion. City Administrator Hedges said the questions on Item H relate to the costs associated with this proposed contract. He said that Director of Public Works Colbert had done a good job of explaining the additional costs and the City Council had indicated a strong desire to proceed with the project. Mr. Hedges said that staff had met with the City's fiscal consultant and reviewed all plans for funding the facility and all were in place. The City Administrator's first recommendation would be to proceed with the inclusion of all changes since the Engineer's estimate. In addition, if Council wishes to pursue certain items, it could be referred to the Public Works Committee with a report back to the City Council. Mr. Hedges noted that any rebid would delay the project by at least six months. Councilmember Pawlenty asked if the State mandates the treatment of water supplies. Director of Public Works Colbert said the State mandates chlorination and fluoridation which can be accomplished at each well or centrally at a water treatment facility. The City also removes iron and manganese from the water as these minerals cause black water and rusty water. Councilmember Pawlenty then asked if there were any cities that did not treat the water for those minerals. Director of Public Works Colbert said that the some outlying suburbs do not treat the water. He said the last to treat the water in our area was Inver Grove Heights and they now treat for iron and manganese. Councilmember Pawlenty asked if there were higher than normal amounts of iron and manganese in Eagan water. Mr. Colbert said, yes, the Jordan aquifer is very high in iron and manganese and the Hinckley aquifer is even higher. Mr. John Prest, of Aquatrol, Inc., wished it known his company took exception to the City's consideration of an alternate vendor for the installation of the plant's operational control system. Mr. Prest said such a decision could have serious ramifications for the system. Gustafson moved, Wachter seconded, a motion to approve the bids for Contract 89 -13 (Cliff Road Water Treatment Facility) and award the contract to the lowest responsible bidder based on designated acceptable alternates and the Mayor and City Clerk to execute all related contracts. Aye: 5 Nay: 0 REM K/PROJECT 598, GALAXIE CUFF PLAZA 2ND ADDRTON Councilmember Wachter said he asked that this item be continued to the end of the meeting to discuss the negative escrow balance on the Ist addition of Galaxie Cliff Plaza. He said that the City cannot continue to add to a negative escrow account but must simplify and square away this issue. Director of Public Works Colbert said it was unusual to authorize a feasibility study before Council had reviewed a preliminary plat. Unfortunately, the construction season is well underway and if the developer waits until the preliminary plat is approved, it will be too late for the installation of streets and utilities this year. However, Mr. Colbert said the Finance Department had informed him that the developers had a negative balance in their escrow account from the Ist Addition and now question whether to add the additional liability of a public contract on top of this negative balance. Mr. Colbert said there is a clause in the development agreement which provides the City the opportunity not to proceed with successive phases if theist phase is completed in a negative manner or is not completed within a particular time frame. In answer to a question from the Council, the Director of Public Works said that the negative balance in the escrow account was $25,500 as of April 7. Page 14 /EAGAN CITY COUNCIL MINUTES June 19, 1990 00206 The developer, Brad Swenson, said that his company needs the feasibility study as the Park Nicollet Clinic is ready to locate in the second phase of this development. Mr. Swenson also said he felt blindsided by this issue as he was not aware that the City may withhold approval of the feasibility report until the afternoon of the meeting. He said Tri -Land had completed the punch list on the 1st Addition in June but Ann Thiessen of SEH said some things had been changed. Mr. Swenson said he thought he had the punch list approved. As to the City's second concern, Mr. Swenson discussed the settlement of underlying soil for one of the streets under construction in the development. Mr. Swenson said he had a soil engineer out to the site last fall and again this spring and the soil engineer did not feel it is a problem and could be paved over. Mr. Swenson said there are two sides to every issue and he would prefer that these issues be overseen by an independent, unbiased entity, not by staff. Director of Public Works Colbert said that the street settlement looks more serious than simply overlaying the problem area and he is reluctant to accept the improvement due to future liability concerns. Mr. Colbert said that a letter from Ms. Thiessen indicates that Tri -Land has not been responsive to phone calls or letters and there is significant work on the project yet to be done. Mr. Colbert said, however, that the erosion problems associated with a temporary cul -de -sac would likely be resolved when the cul-de -sac is removed. Mr. Swenson then discussed the escrow account. He said that at the beginning of a project, the amount of escrow is estimated and deposited. He said the escrow on this project was estimated to be $7,000. He said they used to get money back, however, in this case the $7,000 is gone and there is already a $25,000 overrun. Councilmember Gustafson asked Mr. Swenson how he proposed to address the $25,000 negative escrow balance. Mr. Swenson said he presently has $140,000 tied up in various other escrow accounts in the City. He said they also need a maintenance bond but have been unable to obtain one since the project is too old. He said it has become a serious problem. Councilmember Pawlenty said he is alarmed about the escrow situation. He said he had been contacted by other developers and it seems to be a common theme. He said the City admits that it did not have the staff to send out bills and now is doing so four years later. He said the developers also feel they are being consulted to death. The Councilmember said that on the other hand, staff must protect the City. He said it is difficult to find a middle ground. Mr. Swenson said that they are trying to work with staff but it would be nice to have an arbitrary board to hear these problems. Mayor Egan said this was a responsibility that could not be delegated to a Board but agreed it was an issue that called for further discussion. City Administrator Hedges said that the development community has complaints about staff, however, a few year ago, the City Council recommended that staff charge their time to developments. The developers were all in favor whatever the cost as they said they did not want the door closed or development slowed by lack of staff. Councilmember Pawlenty said he has received more complaints about consultants than about staff. He said he did not want to send the message to stop or to lessen overseeing of projects. Mayor Egan said he had heard the same complaints and recommended that these complaints be heard and aired at a special Council workshop called to deal with this issue. Mayor Egan said he was disturbed about the punchlist and shortfalls on the first phase of Galaxie Cliff Plaza and asked if the item should be carried over to the July 10 meeting. Director of Public Works Colbert told the Council he was concerned about a delay to the project. He asked that the Council consider ordering the petition and then staff would work with Mr. Swenson in resolving the various issues. Page 15 /EAGAN CITY COUNCIL MINUTES June 19, 1990 Gustafson moved, Pawlenty seconded, a motion to receive the petition for Project 598 (Galaxie Cliff Plaza 2nd Addition Streets and Utilities) and the preparation of a feasibility report and simultaneous preparation of detailed plans and specification be authorized subject to appropriate financial conditions, completion of the punchlist on the 1st Addition and a commitment from the developer as to how they intend to deal with the negative escrow balance. Aye: 4 Nay: 1 (Egan) ADbilmsnu EASEMENT ACQUISITION AGREEMENT/PROJECT 584 RAHN ROAD RECONSTRUCTION McCrea moved, Gustafson seconded, a motion to approve the easement acquisition agreement for the Cedar Grove Baptist Church for Project 584 (Rahn Road Reconstruction) and the Mayor and City Clerk authorized to execute said agreement. Aye: 5 Nay: 0 QHE 00207 Wachter moved, Egan seconded, a motion to approve the checklist dated June 19, 1990, in the amount of $324,287.70. Aye: 5 Nay: 0 At3JOUgmm The meeting was adjourned at 12:15 a.m. on June 20, 1990. CITY OF EAGAN It A,. nOverbeke, City Clerk KF LICENSE RENEWALS JUNE 19, 1990 Service Station: Brooks Superette 3390 Coachman Road Cedar Cliff Amoco 4600 Slater Road Country 66 3206 Sibley Memorial Hwy Eagan E -Z Stop 4195 Nicols Road Eagan Standard 4205 Nicols Road Finaserve, Inc. 3150 Dodd Road Holiday Stationstore 41232 4295 Nicols Road Holiday Stationstore #247 3615 Pilot Knob Road EXHIBIT A Sinclair Station 3446 Cedar Superamerica #4049 Diffley Rd Sibley Memorial Hwy. Superamerica 4182 4206 Yankee Doodle Rd Superamerica 14335 1379 Town Centre Drive Texaco Superstore 1579 Cliff Road Total Petroleum 4206 Nicols Road 00208 License Period: July 1, 1990 June 30, 1991 Total Petroleum 2000 Rahncliff Court Yankee Square Standard 1424 Yankee Doodle Road Two Fina stations were approved on June 5 with the license period to extend through June, 1991. These two stations were formerly Peoples Plus outlets. 1990 Amusement Device Renewals: VENDOR LOCATION EXHIBIT B 00209 License Period: July 1, 1990 -June 30, 1991 Advance Carter Co. 8 mach. LaFonda's 3665 Sibley Mem. Hwy. American ,amusement Arcades 4 mach. J. Doolittles 2140 Cliff Road 850 Decatur Ave. North mach. Broadway Pizza 3902 Beau d'Rue Minneapolis, MN 55427 2 mach. Pizza Hut 1325 Town Centre Dr 2 mach. Pizza Hut 3992 Sibley Highway 2 mach. Pizza Hut 2130 Cliff Road 6 mach. Eagan Tap 3998 Sibley Highway 1 :Hach. Davanni's 1980 Cliff Road 2 mach. Eagan Athletic Club 3330 Pilot Knob Rd D.V.M. Company 119 State St. Paul, MN 55107 Gary Starks 3125 Dodd Road Eagan, MN 55121 Fred Sande 1561 Scheffer St. Paul, MN 55116 Theisen Vending 3804 Nicollet Ave. Minneapolis, MN 55409 Brookside Vending 9845 Brookside Ave. Bloomington, MN 55431 over 15 machines Ced.arvale Lanes 3883 Beau d'Rue Drive 3 mach. Valley Lounge 3385 Sibley Highway 3 mach. Richards 4185 South Robert Trail over 15 machines Starks Saloon 3125 Dodd Road 1 mach. Eagan Steak House 1448 Yankee Doodle over 15 mach. Grand Slam 3734 Sibley Highway 1 mach. Dougherty's 1312 Town Centre Dr. Summit Amusement over 15 mach. Pockets 2274 University Ave. 2020 Silver Bell Road St. Paul, mN 55114 Broadway Pizza is in the process of moving and they don't know how many amusement devices they will have room for. The appli- cation for the beer and wine license relocation is on the APC June agenda and will be on the Council JUly 10 agenda. I /we, the undersigned, support US WEST New Vector Group, Inc.'s proposal to construct a cellular phone facility at the Safari Water Tower that includes attaching 15 -foot antennas to the top of the tower and constructing a 14-foot by 36 -foot masonry and brick equipment building in earthtone colors to be dug into the top of the hill on the northerly side of the water tower. WIE IGNATURE) M- Mfg f-vI 792( °M2)/2_ r S c(ha iC (T► C S Yn1 `f?,.d EXHIBIT C (1 of 3) PETITION OF SUPPORT ADDRESS 1.1039 Gartm La n1 L O c ll 1 0 7 16"/1_2 I /Z ic4 iz7 12-05D 6at-1 Law 2 0 3 C 6 �a-- lac)(, 6 sda-74-t a 033 OC 210 1f 111 •i. is r_. ./iiJ If /20 1 ,1 ,1 AY eo /11 r /ties. 0,/4., u Z' /,zD. i ei2. y 6- 0,44!' h e A 8 ,Q ran_ vbi.p o -r►ti2A �c.�i -26+1 12 0 L 1 8 a JLL Cw.) a civrO s.(■kiN 1 a (1 c i s O{u Pu.0 DATE 4 1-.2C- go �V 47 ¥25 7 q "/-d5-76 s s �U .5- -Fv v ai kkimos-E1 z") .s -3 s /.060 lit5.1 o`ih s. 9c s- s -/o S ca WcfrD SI 90 SI1iq EXHIBIT C (2 of 3) PETITION OF SUPPORT I /we, the undersigned, support US WEST New Vector Group, Inc.'s proposal to construct a cellular phone facility at the Safari Water Tower that includes attaching 15 -foot antennas to the top of the tower and constructing a 14 -foot by 36 -foot masonry and brick equipment building in earthtone colors to be dug into the top of the hill on the northerly side of the water tower. 00211 42590a EXHIBIT C (3 of 3) PETITION OF SUPPORT I /we, the undersigned, support US WEST New Vector Group, Inc.'s proposal to construct a cellular phone facility at the Safari Water Tower that includes attaching 15 -foot antennas to the top of the tower and constructing a 14 -foot by 36 -foot masonry and brick equipment building in earthtone colors to be dug into the top of the hill on the northerly side of the water tower. (SIGNA ADDRESS DATE /0Z6.5 604h2 /./e., 9� l Zo s7 a %Az, .5'-lo -9 0C212