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08/07/1990 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA August 7, 1990 warms Irot 01, ,t4bd A regular meeting of the Eagan City Council was held on Tuesday, August 7, 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, Assistant City Engineer Mike Foertsch, and City Attorney James Sheldon. A ENI City Administrator Hedges recommended the following changes to the agenda: Item 0, Consent Agenda, Contract 90-01, Galaxie Cliff Plaza 2nd Streets and Utilities, Remove from Consent and delay action until after Item A, Public Hearings. Item E, New Business, Area D, Multifamily Residential Land Study, Request to be continued to the August 21, 1990, regular City Council meeting. Wachter moved, Gustafson seconded, a motion to approve the agenda as amended. Aye: 5 Nay: 0 Gustafson moved, Wachter seconded, a motion to approve the minutes for the July 10, 1990, regular City Council meeting. Aye: 5 Nay: 0 Gustafson moved, Wachter seconded, a motion to approve the minutes for the July 17, 1990, special City Council meeting. Aye: 5 Nay: 0 Wachter moved, Gustafson seconded, a motion to approve the minutes for the July 17, 1990, regular City Council meeting with the following exceptions: Page 5, Paragraph 8, vote should be corrected to "Aye: 4 Nay: 1 (Gustafson)" Aye: 5 Nay: 0 SS There was no formal Department Head Business on the agenda; however, Councilmember Pawlenty asked to discuss the issue of billboards. He said that after the last Council vote on a billboard, he had received a number of phone calls and letters from citizens, interest groups for the prohibition or banning of billboards in the City. The Councilmember said it was his understanding after the last billboard vote, that staff would review the billboard ordinance and come back with recommendations for change if they thought any were appropriate restricting billboards further or perhaps banning them as many states and cities have done. Councilmember Pawlenty said it would behoove this Council to look at banning them in Eagan or at least restricting them more and would like to make a motion to direct staff to look into a ban on any further billboards in the City of Eagan. Mayor Egan asked the Director of Community Development if the City had received any further applications from any billboard sign companies. Mr. Runkle said one application had been received and would be on the August Advisory Planning Commission agenda. Page 2/EAGAN CITY COUNCIL MINUTES August 7, 1990 00264 Councilmember McCrea said she too had received much interest from residents and supports Councilmember Pawlenty's recommendation. She asked whether the Council could reopen the last application and Council action. Pawlenty moved, Gustafson seconded, a motion to direct staff to investigate, from both a legal and practical standpoint, the banning of all future billboards in Eagan including looking at retroactively removing billboards already in existence and approved, for future discussion and consideration by the Council and a moritorium on any further consideration of billboards until the issue has been studied. Aye: 5 Nay: 0 Council expressed concerns regarding any retroactive action but agreed that it should be included in any study of the billboard issue. Councilmember Pawlenty said he had also received phone calls regarding the path installation at Carlson Lake Park. Mayor Egan said he had received phone calls also and that Mr. Neil Raisanen was planning to address the Council under Visitors to be Heard. City Administrator said he had discussed the issue with Councilmember Gustafson who had also received a call. Mr. Hedges said there was nothing that could be done this evening, Councilmember Gustafson had recommended that the issue be discussed. Councilmember Pawlenty said he had been contacted by Mr. Tim Macalester who was puzzled as to the number of trees that had been removed. Councilmember Wachter said he felt there should be some answer as to why so many were removed. Mayor Egan asked that in the future, the Council be notified whenever that many trees are going to be removed so they can be prepared in the event they are contacted by residents. The Mayor said a letter had been received six months ago criticized the City for not doing enough to preserve trees even though it had been designated a Tree City. After further discussion, it was recommended that no further trees be cut until the issue is studied. 1"► ►1T AGEND Before taking action on the Consent Agenda, Mayor Egan asked if any of the Council had questions about any item on that agenda. Councilmember Wachter wished to discuss Item H and Councilmember McCrea, Items G Q. The Council briefly discussed questions that Councilmember Wachter had about the pull -type roller being purchased by the Department of Public Works. In reference to Item G, Councilmember McCrea said she had received calls from Larry Linkert regarding his assessments in regard to the upgrading of Pilot Knob Road. Mr. Linkert does not feel he has been treated equitably. City Administrator Hedges said the issue would be discussed further later in the week. In regard to Item Q, Councilmember McCrea said that unlike the reference made in Dan Aberg's letter, her motives were not "political or personal" and if the rest of the City Council was in support of the Chamber of Commerce's nominee, she would let it stand. A. Personnel Items 1. It was recommended that the hiring of Hugh Peterson as a seasonal park maintenance worker be ratified. Page 3/EAGAN CITY COUNCIL MINUTES August 7, 1990 2. It was recommended that the reorganization of one Planner I position in the Planning Division to Project Planner and the retitling of the two Zoning Administrator/Planner positions to Project Planner be approved. 3. It was recommended that the reorganization of the Part-Time Clerical Technician 3 in Community Development (currently vacant) to the position of Part-Time Clerical Technician in the Finance Department be approved. B. Plumbers' Licenses It was recommended that the following plumbers' licenses be approved. 1. Doody Mechanical 2. Lamb Mechanical 3. Roseville Plumbing Heating 4. Wyllie Plumbing C. Extension, Contract for Janitorial and Park Clean -Up Service, Dakota Inc. It was recommended that a one -year extension to the current contract with Dakota Inc. for janitorial and park clean -up services be approved. D. Receive Assessment Roll /Order Public Hearing, Delinquent Weed Cutting Bills Parcel Amount 10- 14175 -070-01 84.00 10- 14351- 240 -03 55.00 10- 16704- 010 -11 240.00 10- 44900-071 -01 118.00 10- 55400- 060 -01 55.00 10- 55400-070 -01 65.00 10- 55400- 080 -01 130.00 10- 56210-010 -00 105.00 10- 72978 -130 -03 186.75 10- 75900- 080-01 95.00 10- 84476 070-01 35.41 1,224.66 E. Receive Assessment Roll /Order Public Hearing, Delinquent Utility Bills F. Project 510. Receive Final Assessment Roll/Schedule Public Hearing (Cliff Road) 00 It was recommended that the delinquent weed cutting bills be received and a public hearing scheduled for September 4, 1990, for the following final assessment roll: It was recommended that the final assessment roll (Exhibit A) for delinquent utility bills be received and a public hearing scheduled for September 4, 1990. It was recommended that the final assessment roll for Project 510 (Cliff Road Streets Storm Sewer) be received and the final assessment hearing scheduled to be held at 7:00 p.m., September 4, 1990. Page 4/EAGAN CITY COUNCIL MINUTES August 7, 1990 G. Project 466, Final Assessment Adjustments (Pilot Knob Road) Of :266 It was recommended that the proposed final assessments for Lot 4, Carlson Acres, under Project 466, be modified as presented. H. Vehicle #131, Authorize Ad For Bids (4 -Ton Asphalt Roller) It was recommended that the advertisement for bids for Vehicle #131 (4 -ton asphalt paver) be authorized with a bid opening to be held at 11:00 a.m., on August 17, 1990. I. Contract 90-08, Receive Bids /Award Contract (Sibley Terminal Industrial Park Storm Sewer) It was recommended that the bids for Contract 90-08 (Sibley Terminal Industrial Park Storm Sewer) be received and the contract awarded to the lowest responsible bidder. J. Contract 90 -04, Approve Change Order #1 (Rahn Road) It was recommended that Change Order #1 to Contract 90-04 (Rahn Road) be approved and the Mayor and City Clerk authorized to execute all related documents. K. Contract 89 -18, Acknowledge Completion /Authorize Final Payment (Lexington Way Streets Utilities) It was recommended that the 3rd and final payment for Contract 89 -18 (Lexington Way Streets Utilities) be authorized in the amount of $35,776.40 to Landwehr Heavy Moving, Inc. L. Contract 89 -15, Acknowledge Completion /Authorize Final Payment (Armstrong Business Center Utilities) It was recommended that the 3rd and final payment for Contract 89 -15 (Armstrong Business Center Utilities) be approved in the amount of $2,240.00 to Ceca Utilities, Inc. M. Contract 88 -X, Acknowledge Completion /Accept for City Maintenance (Bridle Ridge 2nd Addition Streets Utilities) It was recommended that the completion of Contract 88 -X (Bridle Ridge 2nd Addition Streets Utilities) be acknowledged and the assumption of perpetual maintenance by the City subject to the appropriate warranty be approved. provisions of the Development Agreement. N. Contract 89 -17, Change Order #1 Northview Park Improvements It was recommended that Change Order #1 to Contract 89 -17 (Northview Park Improvements) in the amount of S22,226 be approved and the Mayor and City Clerk authorized to execute all related documents. O. Contract 90 -01, Approve Plans Specifications /Authorize Ad For Bids (Galaxie Cliff Plaza 2nd Addition Streets Utilities) It was recommended that this item be continued until after action if taken on Item A. of Public Hearings, Galaxie Cliff Plaza 2nd Addition Streets Utilities. Page 5/EAGAN CITY COUNCIL MINUTES August 7, 1990 P. Final Plat, Autumn Ridge 00267 It was recommended that the final plat for Autumn Ridge be approved. Q. Nomination, Chamber of Commerce Representative/Eagan Ice Arena Committee It was recommended that the Chamber of Commerce nomination of Bea Blomquist to be their representative on the Eagan Ice Arena Committee be approved. R. Ratification of Name Change to Citizens Recreational Facility Committee It was recommended that the name change of the Eagan Ice Arena Committee to the Citizens Recreational Facility Committee be ratified. S. Certification, Election Judges for Primary Election R 90.52 It was recommended that the certification of election judges for the primary election of September 11, 1990, be approved. T. License, Off -Sale Beer, Duckwood Phillips 66 Company, 3575 Pilot Knob Road It was recommended that the application by Duckwood 66 for an off -sale non intoxicating malt liquor license for property located at 3575 Pilot Knob Road be approved. U. Request that Metropolitan Airports Commission Consider Stage 2 Non Addition Rule It was recommended that the Airport Relations Committee's endorsement of the Stage 2 non addition rule concept to the Metropolitan Airports Commission Stage 3 utilization working group be approved. V. Contract 88 -34, Acknowledge Completion/Authorize Final Payment (Alden Pond Streets Utilities It was recommended that the 6th and final payment for Contract 88 -34 (Alden Pond Streets Utilities) be approved in the amount of $31,816.32 to Fredrickson Excavating Co., Inc. W. Contract 90 -11, Approve Plans Specifications /Authorize Advertisement for Bids (Park Center Rusten Road It was recommended that the plans for Contract 90-11 (Park Center Rusten Road Streets Utilities) be approved and the advertisement for a bid opening be authorized for 10:30 a.m., Friday, August 31, 1990. Center) X. Project 569, Receive Final Assessment Roll/Schedule Public Hearing (Armstrong Business It was recommended that the final assessment roll be received for Project 569 (Armstrong Business Center Utilities) and a final assessment hearing scheduled to be held at 7:00 p.m., September 4, 1990. Page 6/EAGAN CITY COUNCIL MINUTES August 7, 1990 Y. Contract 90 -03, Approve Change Order #2 (Rahn Road) It was recommended that Change Order #2 be approved for Contract 90-04 (Rahn Road) in the amount of S13,046 and the Mayor and City Clerk authorized to execute all related documents. Z. Contract 89 -09, Change Order #2 (Johnny Cake Ridge Road Streets Utilities) It was recommended that Changer Order #2 be approved for Contract 89-09 (Johnny Cake Ridge Road) and the Mayor and City Clerk authorized to execute all related documents. Wachter moved, Gustafson seconded, a motion to approve all items of the Consent Agenda except Item 0, Contract 90-01, Galaxie Cliff Plaza 2nd Streets Utilities, which was moved to later in the meeting. Aye: 5 Nay: 0 Mill RIN±I S PROJECT 598/GALAXIE CLIFF PLAZA 2ND ADDITION STREETS UTILITIES After introduction by Mayor Egan, City Administrator Hedges said the feasibility report for this project had been received at the July 17 meeting with the public hearing to be held this evening. Mr. Hedges said all notices had been sent to all affected property owners. He went on to say that the Fire Department had been looking into the issue of access to Galaxie Road in relationship to response times and vehicle movement. In addition, Mr. Hedges said that Council had requested that prior to approving this project, the following be in order: 1) letters of credit and 2) the punchlist from Galaxie Cliff Plaza 1st Addition. Mr. Len Newquist, of Short Elliott Hendrickson (SEH) then presented the background and scope of the project as well as the method used to arrive at the rate of assessment. He asked if there were any questions. After asking for public comment and receiving none, Mayor Egan turned the questions over to the Council. Councilmember Pawlenty asked the Assistant City Engineer, Mike Foertsch, if the developer had completed all punchlist items from the 1st Addition. Mr. Foertsch said that all items had been completed. Councilmember Pawlenty then asked about the issue related to the installation of a bituminous street section. Mr. Foertsch said it had been resolved. Fire Chief Ken Southorn expressed the Fire Department's concerns regarding access to Galaxie Road. Chief Southorn said if a single drive was allowed, it would be the only one of the Fire Stations that permitted vehicles to cross in front of the emergency doors. He then outlined several different scenarios for access from the Fire Station to Plaza Drive and Galaxie Road. Councilmember Pawlenty asked City Attorney regarding Outlot D and the value of Outlot D. City Attorney Sheldon said the issue is that in one situation if there is an outlet through Outlot D, a useable piece of property still remains. With another proposal, so much of Outlot D is utilized that it is no longer a viable piece of property so, in essence, the City would end up buying all of Outlot D. After much discussion regarding the alternatives, Councilmember McCrea said she would not feel comfortable agreeing to vacate old Galaxie at one meeting and then changing her mind the next without public input. The Council discussed whether the public hearing should be continued to review the alternate 0!`26$ Page 7/EAGAN CITY COUNCIL MINUTES August 7, 1990 street layouts and associated costs; however, Assistant City Engineer Foertsch said that the schedule was important to the developer and they would need the project approved in order for the developer to meet the deadlines for the Park Nicollet Clinic. With that in mind, McCrea moved, Gustafson seconded, a motion to close the public hearing and to approve Project 598 (Galaxie Cliff Plaza 2nd Addition Streets Utilities) subject to reports and recommendations coming back to the Council from staff regarding the access road from Fire Station #5 to Galaxie Road with all meeting notices to be sent to affected residents. Aye: 5 Nay: 0 COUNTRY HOME HEIGHTS/STORM SEWER After introduction by Mayor Egan, City Administrator Hedges said that on June 19, 1990, the feasibility report for the installation of storm sewer under Project 595 was presented to the City Council with the public hearing scheduled for this meeting. Mark Hanson of Bonestroo, Rosene, Anderlik and Associates (BRAA) said this project was previously discussed at a public hearing in 1982 as Country Home Heights Storm Sewer Improvements, Project No. 351. He said that project was not approved. Mr. Hanson said that Project 595 as recommended includes storm sewer service to the low point in Egan Avenue and through County Home Heights Park to Beam Lane. The cost of the project is estimated at $57,290 and with the exception of the neighborhood park area, it is proposed to be assessed over 35 acres at $.0374 per square foot. Mayor Egan then opened the hearing for public comment. First to address the Council was Karen Beckman of Country Home Heights. Ms. Beckman asked why they needed storm sewer at this time. She asked what was different than in 1981. Mr. Hanson said that in 1981 the project was denied; however, since that time there has been some ponding in the park and the residents directly affected by the ponding have come to the City Council requesting these improvements. He said that the situation occurring this spring involved rains and frozen ground causing flooding to some properties. Ms. Beckman replied that she lives on a hill and is not affected at all, yet is being assessed. Ms. Beckman then asked if the homes that are being affected were there in 1981 and if not, why were they given permission to build. Ms. Beckman said she did not understand why she was being assessed. Mr. Hanson said she was being assessed because water running off her property is contributing to the drainage area where the system was being proposed to be built. Ms. Beckman then asked how the assessments were divided up. Mr. Hanson said they have estimated the costs for this improvement to be $57,290. He said they have outlined, to the best of their ability, where the water is coming from to the park and have taken that cost, excluding the area of the park, and divided it by the area. Ms. Beckman asked why the park was being excluded. Mr. Hanson said that the park is a neighborhood park and the costs are paid by the residents who benefit from that park. Mr. Hanson said if the park were a higher use park such as Northview Park, then the City would take that into consideration and pay a share of the costs. Ms. Beckman said it was only the City's opinion that her property value will go up with this improvement. Councilmember Wachter said what is being witnessed in the area is the cost of keeping up the gravel roads. After that improvement, storm water will be more accentuated and a storm sewer system will soon be needed in the area. Ms. Beckman asked if the reason for the improvement was because of the costs for keeping up the gravel roads? She also asked who paid for this upkeep? Mayor Egan said all residents in Eagan pay for the upkeep of the roads and in the instance of gravel roads, the upkeep is much greater than for any other type of road. Ms. Beckman said she did not feel the need for the improvements. She said that homes were not selling in the area. She said she should not have to pay more to live in a home that she couldn't sell because of another problem airport noise. 4,269 Page 8/EAGAN CITY COUNCIL MINUTES August 7, 1990 002 0 Mayor Egan said the project came before the City Council in basically the same way in 1982. He also added that there were several alternatives which could reduce the scope of the project. He said that the hearing was to respond to the feasibility report and that the assessments were a separate issue. Mr. Joe Christiansen, of 2885 Egan Avenue, said he was one of the petitioners for the improvement because his property is impacted by storm water run off. He said he would also like to clarify that the project was not turned down in 1982. He said there were two alternates to the project, one included an "arm" across the park and one did not. Mr. Christiansen said that in 1982, then Councilmember Egan abstained from voting because he was directly involved in the neighborhood, and two of the remaining members voted for the larger project and two voted for the smaller project. The project failed because no one option received a majority of the votes. Mr. Christiansen said the problem needs to be addressed. He said it was easy for others to say they were not affected; however, he said he was accommodating water on his property that is coming from other properties. He said that the City and the public were not entitled to use his property in such a manner. Mr. Christiansen said that flooding was making Egan Avenue impassable at times and it could also be considered a safety issue. Mr. Christiansen said that according to the feasibility report, the cost of the project could be reduced if the scope of the project only included a catch basin at the low point of Egan Avenue. He said the hill coming up south on Egan Avenue erodes very badly in heavy rains because of the volume of water coming down the hill. He said the park was designed to be a "dry pond" which would flood in times of heavy rain and then the water would recede by perculating back into the water table or into the overflow for the storm sewer. Mr. Christiansen asked why the "arm" was being built across the park when it would basically be a catch basin for Fairlawn Avenue and there is no flooding on Fairlawn Avenue. Mr. Hanson said it could be eliminated but staff was recommending approval. Mr. Christiansen said his final point was in regard to Lot 2, which he thought was owned by the County. He said this lot was larger than just the street and there was a sizeable amount of runoff from that lot. Mr. Christiansen said he felt it was only fair that some recognition of the assessment go to the County for run off from that property and the City should pick up some of the cost for the park, and the remainder to come from the Storm Sewer fund. In answer to a question about why five platted lots were developed as a park, a member of the audience said that they were donated as park land because they were considered unbuildable. Mayor Egan said the park has always served a two -fold purpose, that of a dry pond and a park. Mr. Al Blaisdell, who lives on Inland Road, said he had lived there for 12 years and wondered, besides the two yards, what other damage had occurred. He said he saw no other damage other than grass. He said the City should have checked the permits before allowing homes to be built there. He asked if the City was concerned about damage to the park? Mr. Blaisdell then said he did not understand where this damage was. Mayor Egan said there was damage to personal property and erosion damage to the streets, particularly Egan Avenue. Mr. Blaisdell asked if the storm sewers were going to take care of the erosion. Councilmember Gustafson said the City would be happy to put in streets. The Councilmember wondered when and at what point the rest of Eagan's residents would say they didn't wish to pay for the upkeep on gravel roads any longer. He said part of the picture is that gravel roads cost more to maintain than other roads and that is a burden spread over 40,000 people. Councilmember Gustafson then added that what was being studied this evening was a similar situation on a smaller scale. He said he was hearing 50-60 homeowners whose properties drain onto and cause problems for two homeowners say that it wasn't their problem. Ms. Doris Lindberg, of Lot 1, Block 9, said she had received huge assessments. She said that no water from her property goes into the park and, therefore, she should not be assessed. Page 9/EAGAN CITY COUNCIL MINUTES August 7, 1990 0(2 Jim Burt, 2891 Egan Avenue, said his was one of the properties that was flooding. He said the last thing he wanted to do was create problems for his neighbors but he would gladly trade his $1,200 in assessments to maintain his property because he can't keep up anymore. He said the costs of maintaining the gravel road is spread to all residents in Egan. After the last storm, Mr. Burt watched a grader, a truck, and five men working just to repair damage to the road. Mr. Burt said he wished they could talk about more than just the storm sewers and address the gravel roads. He asked how and when they could get roads in Country Home Heights. Mayor Egan said that policy has always been that it is left up to the neighborhood to petition for those improvements. He said when he came into office 12 years ago, 24% of Eagan's roads were "substandard" roads now they are down to less than 3 Mayor Egan said he feels that eventually blacktop streets must be addressed, but in the past it has been left to the neighborhoods unless there is a safety issue. Mr. Burt asked how a feasibility study could be requested for roads in Country Home Heights. Mayor Egan said the process is the same as for storm sewer. Mr. Tom Solstad, 2980 Pilot Knob Road, said if they wished to talk about damaged lawns, his gets a lot of damage from snowplows. He also wanted to know why he was being assessed when his property drains right down Pilot Knob into the storm sewer. Mark Hanson said they had determined that the NE corner of Mr. Solstad's property drains into this system. Mr. Solstad said he would prefer that they put in streets. He said he paid more taxes now than when he lived on a paved dead end street. Mr. Mark Schmidt said that in looking at a map, he did not believe his property was affected by this proposal. He asked what the date of the relief and drainage map was that was being used. Mr. Hanson said that the contours of this particular drainage area were flown in the 1960's. Mr Hanson said that it is a pretty accurate representation of the area; however, they had not gone out into the field. Mr. Schmidt said the City may wish to check. Mr. Schmidt did agree that the flooding was a hazard. He also said that it does cost the City money to maintain the gravel roads, so he thought it appropriate that the City pick up some of the costs of those improvements. He reasoned that improving the roads would save the City money and that money could be used toward offsetting the cost of the improvements. Mr. Herb Kaiser asked why he was being assessed when he did not receive any benefit. He said the water goes a different direction and not into this system. He also mentioned that he has erosion problems and no one helps him. Mr. Kaiser asked how the City could be aware of the problems when they have not been out there. He said the City doesn't clean the culverts now and he is not going to do it. Mr. Steve Barrows asked if they went ahead with the project, what would prevent erosions from clogging the storm sewers. Mr. Barrows said if the streets were not addressed, the problems would continue. Mr. Hanson said it could be a problem. He said they could look into placing hay bails in some areas to help keep some of the gravel out of the sewer system. Mr. Barrows asked why the erosion problems weren't solved before putting in a storm sewer system. Councilmember McCrea then pointed out that there was a member of the audience taping the testimony. When asked who he was and who he represented, he identified himself as a "possible resident of Eagan." Mr. Denny Duren, who lives at the corner of Egan and Inland, said he loses 3-4 feet of his yard every time it rains hard. He said no one comes around and says, "here's $1,000 to get your yard out of Joe Christiansen's yard." He asked how many people petitioned for the improvement. He also agreed that the erosion would within a short time, plug the storm sewers. 1 Page 10/EAGAN CITY COUNCIL MINUTES August 7, 1990 Councilmember Pawlenty said there were two groups, those who were asking what harm was being done and the other asking what right the City has to use 20 feet of their property even temporarily for the storage of water or ice, depending on the season. The Councilmember said what he was hearing from the residents was that nothing should be done and that $1,000 was too much to pay. Councilmember Pawlenty then asked what should be done. Mr. Durin said erosion is the problem and what they need is roads. Mr. Duren said he does not have a problem but he did wonder why roads have never been installed. Mayor Egan said the issue goes back two hearings at which time, no clear mandate was given for anything. He said there were those who wanted the roads but no storm sewer, there were those who wanted storm sewer but no roads, and there were those who wanted neither. So, in keeping with policy, without a mandate, no action was taken for any of the improvements. Mayor Egan said the main objection in the past to the bituminous and concrete curb has been the storm sewer. He said people in Country Home Heights just did not feel it was necessary. Mr. Durin asked if the homeowners could petition against the storm sewer improvement. Mayor Egan said that the issue would be decided at this hearing. Mr. Foertsch then provided the answer to an earlier question about who had petitioned in favor of installing storm sewer. Mr. Foertsch said no petition had been received but discussion had been initiated by a resident at a City Council meeting. Mr. Jerome Johnson, lives at Fairlawn and Burnside, and said in 23 years he has never been flooded, has never been stuck and has had no problems. He said without a water problem in his yard, he did not see why he had to be assessed. Mr. Ed Dezois of 2858 Vilas Lane, said he had lived in Country Home Heights for 20 years. He said he questioned why homes were built on the two lots in question when he was told nothing would be built on them. Mr. Dezois said the two homeowners just want someone to upgrade their lots. Mr. Mike Laughlon, 2905 Egan Avenue, said there seemed to be a poor planning process. He said if there is a problem, they needed some leadership from the Council. He said the engineers have some great ideas, but they do not live in the neighborhood. Another issue Mr. Laughlon said he wished to mention was that other residents do contribute to the upkeep of the gravel roads, but the people in Country Home Heights take more than their share of airport noise. He said the Council had to show some leadership and do what has to be done. Mr. Joe Harrison said he has lived in Country Home Heights for 35 years. He said they have always had flooding problems in the area and everyone should have known that. Mr. Harrison said that the park was supposed to absorb the excess water. He said when Pilot Knob Road was improved, they should have done something about it then. Mr. Harrison said he thought the Engineering Department was negligent. He said the Council should ask the residents if they want the improvement by taking a vote. Doris Rodenberg said each property should be looked at to see if it actually drains into the system. Mr. Hanson said if the project is approved, staff will meet with those who question the drainage pattern. Henry Schmidt, 2821 Burnside Avenue, said he lives on that segment of Burnside Avenue that has pavement, water, sewer and storm sewer. He said when those improvements went in, they paid and no one else did. Mr. Schmidt said they now object to paying for someone else's benefit. Mr. Hanson said that Mr. Schmidt is only paying for that portion of his property that drains into this system. Ms. Margaret Calvin, 2950 Pilot Knob Road, said that in 1981 she had paid for trunk storm sewer. Mr. Hanson said that was true and this assessment was for storm sewer lateral. 00272, Page 11/EAGAN CITY COUNCIL MINUTES August 7, 1990 Mr. Jim Burt said he and Mr. Christiansen had taken the brunt of the negative comments. He said he didn't care about the property but he keeps watching the roads deteriorate. He said he would like to see bituminous road put in. Mr. Burg then asked if they could get a feasibility study started. City Administrator Hedges said there were two ways a feasibility study could be started, one, City Council initiated and two, a petition from 35% of the affected property owners. Mr. Burt said someday it would have to be done but the longer they wait, the more expensive it will be. Mr. Burt asked if the Council would initiate the action. Mr. Hedges said it should be noted that if the City Council were to initiate an action for improvement, approval would require a 4/5 vote of the Council. Councilmember Wachter said it appeared to him that most of the residents were opposed to being assessed for the storm sewer and only two were in favor. The Councilmember said that perhaps the narrow focus may be a mistake and perhaps the improvements should be put in all at once. He said the piecemeal approach was creating dissension within the neighborhood. He said it would not have to be done, but he would like to see it studied. At that, Mayor Egan asked for a show of hands in the audience as to who would like to have the entire issue studied. City Administrator Hedges said it appeared 9 were in favor and 9 were opposed. Mr. Blaisdell asked if a feasibility report was approved for preparation, would it include blacktop, curb, gutter, storm sewer, etc? Mayor Egan said the project would be studied at City standards. Mr. Henry Johnson said there are places that have blacktop but no curb and gutter. He asked why it had to be all or nothing. Mayor Egan said improvements are built to the standards in effect at the time of installation. A resident of Country Home Heights asked what City policy was regarding this problem and whether the City should pay for the improvements. He asked if this was a City mix-up from a planning standpoint and should the City pay to correct it. Mayor Egan said it was the lack of a system that was causing a problem. The resident then asked if the whole City would benefit from the improvement. Mayor Egan said it could at best be called an inverse benefit. Councilmember Gustafson said he thought it time to take action and since the residents could not agree, the Council would have to, as suggested, take the leadership and make the decision for them. He said that a piecemeal approach was not the answer and perhaps the entire issue should be addressed in a feasibility report. Councilmember McCrea said she was concerned that monies would be spent on another feasibility report and it would still be turned down. Councilmember Gustafson said this is a problem area and has been for years and it's up to the Council to do what is best for the residents. If after receiving the feasibility report, the Council may again decide to do nothing but the Councilmember said it should be a decision based on the entire issue not just part of it. Mr. Durin asked if the residents should get a petition started. Mayor Egan said that they should, especially with an issue such as this one. Mayor Egan then pointed out that as a resident of Country Home Heights, he was not going to vote and would leave that to the rest of the Council. He said the cost of the project had gone up since it was originally proposed at about the same rate as inflation. He said this was a piecemeal bandaid approach to the problem. The Mayor asked if Country Home Heights wanted to continue to maintain substandard level of streets. He said there were unique problems in the subdivision, such as, large lots, large frontages, and their accompanying assessment issues will have to be worked on. He said perhaps they had come to the real issue and that is whether Country Home Heights should have blacktop streets. 0 273 Page 12/EAGAN CITY COUNCIL MINUTES August 7, 1990 Wachter moved, Gustafson seconded, a motion to close the public hearing and deny Project 595 (Country Home Heights Storm Sewer). Aye: 4 Nay: 0 (Abstain Egan) Wachter moved, Gustafson seconded, a motion to direct the staff and Engineering Division to conduct a feasibility study of the entire area for installation of streets and utilities. Aye: 4 Nay: 0 (Abstain Egan) DRAINAGE CONCERNS/STAFFORD PLACE 0r 274 City Administrator Hedges said this item dealt with the drainage concerns at Stafford Place. He said that staff had spent a lot of time since the July 28 storm on this problem. Mr. Hedges then outlined how the issue would be handled at this meeting. After introduction by City Administrator Hedges, public comment would be taken, then comments from the developer, Mark Hanson would give a formal presentation on the proposed resolution, and then discussion and action by the City Council. Mr. Hedges said the City Council was very appreciative of the video tape that had been provided from the residents. He said the Council saw the aftermath of the storm and it had given them a good understanding of what had happened. The City Administrator said he would not go into the history of the problem because of the length of the agenda. Mr. Hedges said staff had been working on an engineering analysis of a remedy for this problem and would answer any questions. Mayor Egan then opened the meeting for public discussion. Mr. Blaine Duxberry said he did not have an agenda and could not speak for the rest of Stafford Place. He said he would like to dispel the notion that June and July were exclusive for erosion damage as this had been an on -going problem. He said they had had a problem in September but he was unable to document it as it occurred at night. Mr. Duxberry asked that whatever the Council did, they should not only work on correcting the situation but also deal with the repair and restoration of the area. He said the last thing the homeowners would accept was a bandaid. He said he was tired of his yard being used as a storm water storage pond. Mr. Joe Trombley of 4124 Northview Avenue, said he had heard it all before and it didn't mean much as the City had failed to deliver. He said the grading should have been monitored as it obviously was not performed at all, or poorly. Mr. Trombley said that there was very little or no erosion control on empty lots. Each time the City has said the issue would be addressed, no action had been taken. Mr. Trombley said they pay every day in anxiety. He said the City is worrying about stepping on the toes of the developer but they should start worrying about the taxpaying citizen. He said the message should be that when the City of Eagan gives its word, it keeps it. The residents attending the meeting said rather than give additional testimony at this time, they preferred to hear the proposal for correcting the problem. Councilmember McCrea asked if the City could do what they had proposed and had the City identified a specific problem. One concern the Councilmember had was whether the original system had been approved by the City's consulting engineering firm of Bonestroo, Rosene, Anderlik and Associates. Mark Hanson of BRAA said they had not overseen the system but OSM had. The system went in as proposed, however, it was the grading that had changed. City Administrator Hedges said the credibility issue brought up by Councilmember McCrea was the reason why the City uses different consulting firms. Mr. Hedges also mentioned that the City had contacted Tom Wilson, of School District #196 regarding any run -off from school property that may be contributing to the problem. He said #196 had been very cooperative in attempting to identify any contributing factors relating to the new school. Page 13/EAGAN CITY COUNCIL MINUTES August 7, 1990 O .y273 Mark Hanson then provided a brief background of Stafford Place and the system being proposed. He said the original system was built in 1987 and was designed by the developer's engineering company. He said the City was involved in storm sewer in the roadway. Mr. Hanson said the project as initially put together was developed to a 5 year event. He said the overland drainage in Stafford Place is greater than what can be handled by what is in place. The developer is interested in correcting the hydraulic problem. He added that in the area where two systems come together, hydraulogically the system cannot catch the water going through. He said that with the new system, overland drainage would still exist but at a level more acceptable. Mr. Hanson then described the three, proposed system upgrades. The first part from Pond JP -21 in Bridle Ridge to the low point in Northview Park Road would involve the installation of a 30" storm sewer at a cost of approximately $92,000. A 27" storm sewer would be installed from the low point in Northview Park Road to the intersection of Short Line and Pennsylvania Avenue at an estimated cost of S56,400. The third section would involve the installation of a 18" to 24" upgrade from the intersection of Pennsylvania Avenue at Short Line through the side and rear lot lines up to the cul de sacs of New York and Vermont Avenues at an estimated cost of S50,100. The first and second parts of the system are designed to 50 100 year events and the third, a 100 year event. Mr Hanson said they would work with the residents regarding the possibility of any further upgrading. Mr. Hanson added, as a point of reference, that a 5 year event is designed at 60% of a 100 year storm. The storm that occurred on July 28, 1990, was 4" to 6" of rain in one hour. According to engineering standards, a 100 year event is 3" of rain in one hour. Mr. Duxberry experienced flooding on his property in June with 2" of rain. Mr. Hanson said it was difficult to build an extensive overland drainage into the system in Stafford Place because of the limited land available. Councilmember Pawlenty asked if a good portion of the problem was due to the overland drainage system being inadequate. Assistant City Engineer Mike Foertsch said that it was not inadequate in concept; however, the original grading plan had not been followed. He said that while a revised grading plan did not improve the overland drainage as much as they had anticipated, some locations did improve. Councilmember Pawlenty said that the system had to be fixed and then the City could look to any recourse. He said installation should not be held up. Councilmember Pawlenty said that Northview Avenue floods even with moderate rainfalls. He said the City Council should reach a concensus, find out how it can be financed and then find out who some of these costs could be recovered from. Councilmember Gustafson asked what the cost difference would be for a 27" storm sewer versus a 30" upgrade. Mr. Hanson said what they want is once the storm water hits the system that it stay in the storm sewer, not what is happening now. The Councilmember said the City has been accused of promising corrections and not fulfilling those promises. He asked Mr. Hanson if the system would be adequate. Mr. Hanson said it would when added to the present system. However, he said overland drainage would still occur and not everything could be accommodated by the storm sewer. Councilmember Gustafson said it was up to the Council to find the $200,000 needed to install the system in addition to restoration and corrective costs. Councilmember McCrea said it had been a problem a year ago. She said they had tried to work with the developer but to no avail. She said the City would probably have to assume the liability for the new system. Councilmember Wachter asked how long the overland spillway system had been in place before the July 28 storm. Mr. Foertsch said it had only been down a month before it was washed out by the storm. He said it had not had an opportunity to root sufficiently to withstand the storm even though it had been staked. Page 14/EAGAN CITY COUNCIL MINUTES August 7, 1990 Mayor Egan asked Mr. Hanson if there was a chance it would have withstood the storm better if the project had been completed, the land restored and the soil had had an opportunity to settle. Mr. Hanson said he believed it would have. Mayor Egan said he did not suggest a more stable sod would have prevented the problem but would have certainly mitigated some of the damage. Assistant City Engineer Foertsch said survey crews had gone out and checked the high school and found areas where they question whether it was built as proposed. Mr. Foertsch said they had notified Dr. Wilson regarding potential grading problems with the area, and Dr. Wilson said they would have their contractor check. Councilmember Wachter moved, Pawlenty seconded, a motion to direct the Engineering Division to develop the detailed plans and specifications for an upgraded storm sewer system for Stafford Place, including all alternatives, and to bring the plans back to the City Council at the August 21, 1990, regular meeting. Mr. Scott Oaks of Frontier said he had nothing to add except they were anxious to have the issue resolved. He said they have tried and have gone in to institute correction and restoration. Mr. Oaks said that Mark Hanson had said more erosion control would have helped. Mr. Oaks said there wasn't any vegetation that would have stopped the rains. He said everyone is pointing their finger at Frontier; however, the infrastucture is a problem and lots of other things enter in. Mr. Oaks said Frontier wanted to be involved in the solution. Mr. Mark Parranto said their engineers spent hours out in Stafford Place with grading changes. He said every pipe except one, which is the City's trunk line in Northview Park Road, meets requirements. He said it is also the only spot in the system that does not have 100 year overflow. When it does overflow, it flows over part of Bridle Ridge on the Trotters Ridge Addition on the most southeasterly part. He said they had proposed a solution to get water out of the Vermont and New York Avenue cul de sac and that had been in the air until today when he was informed that the City wanted to present their proposal. He said all erosion took place in areas where no sod had been placed. Until the meeting, Mr. Parranto said he was not aware of anyone saying that there were 100 year calculations to be done. He said there is already excess capacity that is not being used based on how much cul de sac drainage can go into a given grate, or somewhere around 5 cubic feet per second. It has been said that the pipe in Stafford is 24 Mr. Parranto said it is bigger than that and will take a lot more than 10 CFS. He said they proposed putting more grates in the street and a second pipe on top of the existing pipe to get it down in the street so it didn't rip up the back of the hill. From the street on, he said they consider it to be the trunk design. He said they consider that part of the City's problem and will maintain that position all the way through this. Mr. Parranto said they have admitted that they should try to figure out a way to get water down the hill. He said it was the most expeditious thing to do. Aye: 5 Nay: 0 Mr. John Perry who lives on Vermont Avenue said that the swaleway behind his house was not sodded. He also wished it pointed out that Mr. Oaks no longer worked for Frontier. Mr. Oaks said that he did not. EXTENSION/PRELIMINARY PLAT/S'IRATFORD OAKS Gustafson moved, McCrea seconded, a motion to approve an extension of the preliminary plat for Stratford Oaks of Eagan for Welsh Companies to February 7, 1991. Aye: 5 Nay: 0 0G276 Page 15/EAGAN CITY COUNCIL MINUTES August 7, 1990 EX'IENSION/PRELI IINARY PLAT/PARK CENTER COMPRENSIVE GUIDE PLAN AMENDMENT/REZONING AREA R/MULTIFAMILY RESIDENTIAL LAND STUDY 0G,277 Gustafson moved, Wachter seconded, a motion to approve a 90 day extension of the preliminary plat for Park Center for Federal Land Company. Aye: 5 Nay: 0 Wachter moved, Pawlenty seconded, a motion to approve the comprehensive guide plan amendment from D -III (Mixed Residential) to P (Parks) and rezoning from R-4 (Multiple Residential) to PF (Public Facilities) for approximately six acres representing a part of Area R of the Multifamily Residential Land Study. Aye: 5 Nay: 0 R 90.53 SPECIAL USE PERMIT/US WEST -NEW VECTOR ANTENNAE/EQUIPMENT BUILDING After introduction by Mayor Egan, City Administrator Hedges said that the lease agreement had been completed after negotiation by the Director of Public Works and the City Attorney. Mr. Hedges said the lease agreement was fair and represented a fair proposal on both sides. A question arose regarding the fascia on the building and as to whether it is stone or brick. Director of Community Development Runkle said the fascia was exactly like the stone in the retaining wall. He said the Council would have to decide whether they wished brick or stone. He said one was not better than the other, but would be a question of architectural style. Mr. William Buell, of Sharlow, Dahlgren Uban, said it was their understanding that the fascia of the building and the retaining wall were to match. He said they had attempted to use a material that would blend into the background 'and that is why they had gone with a rock -face building block rather than brick fascia. Mayor Egan expressed some concerns regarding the five year lease with a four year option, especially when it was renewable by only one of the parties. Mayor Egan said it appeared to be a five year lease for one party and a 20 year lease for the other. He said he understood the applicant's concerns about policy changes in the future; however, he said if one wants a 20 year lease then one negotiates a 20 year lease. In addition, if a five year lease with options is written, then there should be bonafide options for renewing not just options that are renewable for one party and binding on the other. Mr. Buell said that when the lease is terminated the City will own the building, which was a great capital expense for U. S. West. Mayor Egan said he also thought that perhaps the 5% cap on the CPI was too low. Mr. Buell said that it was 5% every year. Mayor Egan said he realized that but said it was a maximum percentage, i.e., if the CPI was 2% this year, the City would receive 2 however, if it was 10 the City would still only receive 5 City Administrator Hedges said it had been a concern but U. S. West was interested in buttoning down the costs for budgetary reasons each year. Councilmember Gustafson said he would have more concerns about the cap if the City had on -going expenses. In this case, he added, it is income without any expenses. Councilmember Pawlenty said Paul Thomas of Meritor Development had contacted him late this date saying he had not received notice. Mr. Thomas had asked the Councilmember to pass along his concerns: 1) despite the nearly unanimous approval of the Apple Valley residents, Mr. Thomas feels he represents future Eagan residents who will live on the north side of the structure. 2) Mr. Thomas told Councilmember Pawlenty that Meritor was concerned that the gravel path to the site had now become a gravel road. Mr. Buell said he was not aware of any great discrepancy and did not remember what the original agreement for the pathway was. He said it would only be used as a road twice a year when a Page 16/EAGAN CITY COUNCIL MINUTES August 7, 1990 00278 pickup would bring in testing equipment. Mr. Buell added that it was hidden by landscaping and retaining walls. Councilmember Pawlenty asked how wide the path would be and Mr. Buell said 12'. Councilmember Pawlenty said Paul Thomas was also concerned as to whether there was any limitation on additional fencing in the future. Mr. Buell said they did not anticipate installing any additional fencing. The only fence on the property is one that was installed for safety purposes to keep vehicles up by the watertower from driving off the top of the building. Councilmember Pawlenty said Mr. Thomas had asked about future uses of the building if at some point it was no longer a U. S. West facility. City Attorney Sheldon said that if U. S. West terminated its lease and the City became the owner of the building, the City currently planned to store communications equipment. The last concern Mr. Thomas expressed to Councilmember Pawlenty, had to do with the homes they are building nearby in the $250,000 range. Mr. Thomas had said if any of the Council had driven by they would more fully appreciate how unattractive this facility was going to be and the effect it would have on the attractiveness of the neighborhood. Mr. Thomas had asked that the Council reconsider. Councilmember Pawlenty said he told Mr. Thomas that the view of the Council on this matter would probably prevail but he told Mr. Thomas that he would certainly present that message on his behalf. Councilmember Pawlenty then asked about the phones being received by the City and how they would be assigned. City Administrator Hedges said some would be assigned to public safety and others for vehicles where it had been determined that a phone was necessary. The City Administrator said he would be extremely conservative as to who would receive a telephone because of air time and other expenses to the City. He said there would have to be a demonstrated need for the equipment. He said just because the City had received these phones, did not mean all would be assigned. Councilmember Pawlenty said he had two concerns: 1) the amount of money being spent now on cellular phones and whether they were always needed and 2) whether or not the receipt of the phones was appropriate. He questioned whether part of the bargaining had been for equipment for staff. City Administrator Hedges said he had made it clear in the negotiations that hardware was not a compromise to the monthly rate New Vector would be paying the City. He said they had negotiated the maximum monthly lease and then they were asked if they were interested in a good faith negotiation for any additional hardware. Councilmember Pawlenty asked that Staff research present useage as to who has the phones and why they are needed. Mayor Egan asked why the driveway to the door of the building had to be 12' wide. Councilmember Wachter said a 6' or 7' wide pathway should be adequate. Councilmember Gustafson then asked about the discrepancies on the Exhibits regarding the number of antennae. Mr. Buell said that number was negotiated in the lease and the new exhibits reflected that negotiation. Wachter moved, Gustafson seconded, a motion to approve the special use permit for a U. S. West New Vector antenna equipment building at the Safari Reservoir subject to the following conditions: 1. All slopes shall be no greater than 3:1 and shall be planted with a maintenance free plant material. 2. A landscape plan shall be submitted and approved by City staff. 3. All applicable permits shall be applied for and approved by City staff. 4. No outdoor storage shall be permitted. 5. The driveway to the front doors shall be no wider than 6' -7'. 6. All applicable City Code requirements shall be adhered to. Aye: 5 Nay: 0 Page 17/EAGAN CITY COUNCIL MINUTES August 7, 1990 VARIANCE/SIDE YARD SETBACK REQUIREMENT 1670 MALLARD DRIVE McCrea moved, Wachter seconded, a motion to approve an additional 13 foot variance from the established 38 foot side yard setback for property located at 1670 Mallard Drive, Lot 9, Block 2, Mallard Park 2nd Addition. Aye: 5 Nay: 0 At 10:42 p.m. the regular City Council meeting was suspended for the purpose of convening a meeting of the Board of Adjustments and Appeals. Minutes for the Board of Adjustments and Appeals were recorded separately. RECONVENE After adjourning the meeting of the Board of Adjustments and Appeals, the August 7, 1990, regular City Council meeting was reconvened. SPECIAL HUNTING PERMIT/RICHARD MAURER Gustafson moved, McCrea seconded, a motion to approve the application of Richard Maurer for a special hunting permit on agricultural property he leases at 3370 Lexington Avenue. Aye: 5 Nay: 0 SPECIAL HUNTING PERMIT/DAN FRIENDSHUH McCrea moved, Gustafson seconded, a motion to approve the application of Dan Friendshuh for a special hunting permit on agricultural property owned by the Pahl family located adjacent to the Minnesota River and east of Nicols Road. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/CROWN COCO INC VARIANCE/PYLON SIGN City Administrator Hedges introduced the item and said that the Advisory Planning Commission had recommended that the application be denied. Director of Community Development Runkle said the application was for a conditional use permit and variance at Nicols Road and Diffley for Crown Coco Inc. Mr. Runkle said the site plan showed a proposed pylon sign and ground sign. He said the applicant had requested a variance to the height of 23' and originally had proposed a sign area of 376 sf, however, the sign has been scaled down to 125 sf. With that sign area, a variance will not be required to the size limitations. He said the APC had determined that the hardship was not in order to grant the variance. Councilmember Gustafson asked whether the ground sign would remain if the pylon sign were approved. Mr. Runkle said the City Code does allow both when the property backs up to a limited access highway. The Councilmember said it was his understanding that if the sign were approved, the City would require significant upgrade to that lot. Mr. Runkle said the applicant plans to expand and it would be more appropriate to upgrade after the expansion. Councilmember Gustafson said there had been a comparison in size and /or height to the Amoco sign just across the street. He asked if that sign was in compliance with City standards. Mr. Runkle said a variance had been requested and approved for the Amoco sign. Councilmember McCrea asked if there weren't specific circumstances under which the Amoco variance was approved. Mr. Runkle said they used cross sections to determine what height they would need 0G279 Page 18/EAGAN CITY COUNCIL MINUTES August 7, 1990 based on elevations in relation to the freeway. Councilmember Wachter also pointed out that the County had also taken an access away from them. Councilmember McCrea said that Amoco had been a business that was suffering because of what had happened due to the road. Mayor Egan also pointed out that the Amoco sign probably draws business to the other stations sharing that intersection because by seeing that sign, drivers know there is gas available at the exit. Mayor Egan said he believed when the applicant's station was a Union 76 station, the Council had given them permission to build a fancier ground sign because they had not approved the freestanding pylon sign. Mr. Dave Miller, of Crown Oil, said his company wanted to be certain before they purchased the property in 1989 that they could compete on an equal basis in that market. He said that after buying the property, they had applied for the typical convenience store licenses. He said they also wanted to be sure they could erect a freeway sign equal in height and size to their competitor across the street. After conferring with staff they decided to apply for a conditional use permit and variance. They are working with Pioneer Engineering in the development of their planned facility improvements. He also said their business is bounded by three major roadways and the City's sign ordinance makes special provisions for freeway locations. Mr. Miller believes that with their particular situation with a freeway in their backyard, the variance should be granted allowing them to be seen from the highway the same as Amoco. He said he did not believe their request to be unreasonable, excessive for a highway sign or unprecedented in nature. Mr. Miller said without major name recognition they need to make their name and location visible to the public. He said the City should give some latitude to situations such as theirs. Councilmember McCrea asked what Crown Oil's hardship was and Mr. Miller said their location backs up against the freeway and the ordinance allows for those locations to have signs that are visible. Mayor Egan said this is a long -time established location for a gas station; however, he did not necessarily agree that the City needs a sign on every corner. He said Amoco came first and that just happened. Councilmember McCrea said if the Council approved this request in the absence of any hardship, every gas station in Eagan could make the same request. Wachter moved, McCrea seconded, a motion to deny the conditional use permit for a pylon sign and variance of 23 feet to the allowed pylon sign height for Crown Coco, Inc., for the gas station at 4195 Nicols Road. Aye: 5 Nay: 0 PRELIMINARY PLAT/VALLEY ACRES MUNICIPAL GUN FIRING RANGE Gustafson moved, Wachter seconded, a motion to approve the preliminary plat for Valley Acres consisting of one lot and block on approximately 6.8 LI (Light Industrial) acres located west of Terminal Drive in the south half of Section 8. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING AREA D/MULTIFAMILY RESIDENTIAL LAND STUDY Wachter moved, Gustafson seconded, a motion to continue the comprehensive guide plan amendment and rezoning of Multifamily Residential Land Study Area D to the September 4, 1990, regular City Council meeting. Aye: 5 Nay: 0 OG2E3O Page 19/EAGAN CITY COUNCIL MINUTES August 7, 1990 PRELIMINARY PLAT /WESCOTT SQUARE ADDITION (REVISED) After brief introductory remarks by Mayor Egan and City Administrator Hedges, Director of Community Development Runkle said the application had been reviewed a number of times by the APC and the City Council. He said that because of the timing and the changes which had occurred from the last plat, it was suggested they come back through the process. Mr. Runkle said the parcel is located at Elrene and Yankee Doodle Roads and consists of 9.83 acres. The application that was previously approved consisted of 71 townhouse units and that number had been revised to 67 units. Mr. Runkle said additional right -of -way requested by Dakota County had forced the developer to shift the project south. The applicant has been working with staff to come up with a revised plat which takes into account a reconfiguration to meet additional right -of -way requirements. Mr. Runkle said that one of the concerns that came out of the Advisory Planning Commission meeting was in regard to the trees that were being taken on the site and the density. Mr. Runkle said that City Planner Sturm had been out to the site with the applicant to go over which trees would be saved and how the plan would affect the trees on the site. Mr. Runkle said that before any grading was done in the area, the trees to be saved will be marked. He said the conditions of the Planning Commission are intact and they have recommended approval. Councilmember Wachter asked if the "exception" was where the property owner lives now. The New Horizon Homes representative said that was correct. Mayor Egan asked with the acquisition of the right -of -way whether there was an increase or decrease in the density. Community Development Director Runkle said the overall density went from 7.2 to 7.02 units per acre. Councilmember Pawlenty asked what the comp guide showed for the exception. Mr. Runkle said it was shown as D -III, and the zoning up to that parcel, R -3. Councilmember Pawlenty asked whether a stand of trees on the north side of Kost. Road would be saved and the developer's representative said that, unfortunately, the row of trees was too close to the road to save. Wachter moved, Gustafson seconded, a motion to approve the preliminary plat for Wescott Square Addition (Revised) consisting of 67 townhouse units on 9.83 R -3 acres located along Yankee Doodle Road and Elrene Road in the northwest quarter of Section 14 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, Bi, B2, B3, B4 Cl, C2,C4,C5,D1, El, Fl, 01, and Hl. 2. A copy of townhouse bylaws shall be submitted to the City Attorney for review. 3. The developer shall comply with all Ordinance requirements including exterior finish, garage size, and impervious surface coverage. 4. All trash shall be contained in the garages until the day of pick up. 5. A tree preservation plan shall be approved by staff prior to any grading. 6. All green areas shall have underground irrigation systems. 7. The development is required to provide ponding of site generated storm water to limit flow into the existing City storm sewer system to the 5 -year storm event. 8. The development is required to provide a minimum 6" water main and minimum 8" sanitary sewer to serve the development. 9. The development is required to submit detailed plans and specifications for the proposed retaining wall construction for staff review and comment prior to final plat approval. Aye: 5 Nay: 0 OC 281 Page 20/EAGAN CITY COUNCIL MINUTES August 7, 1990 1 EM 0/CONSENT AGENDA Gustafson moved, Egan seconded, a motion to approve the plans and specifications for Contract 90-01 (Galaxie Cliff Plaza 2nd Addition Streets and Utilities) and authorize the advertisement for a bid opening to be held at 10:00 a.m., Friday, August 31, 1990. Aye: 5 Nay: 0 visnuts Mr. Joseph Tranby approached the Council regarding the development of the Tranby Addition. Mr. Tranby said that because of taxes that will be imposed on the property by Dakota County, it is not profitable for him to continue to build. He asked that the development agreement for the Tranby 1st Addition be nullified. Mayor Egan asked if there was anything staff could do. He said the City hated to lose any quality development. City Adminsitrator Hedges said it raised significant issues regarding County taxes assessed to small businesses. Mr. Hedges suggested the issue be referred to the Economic Development Commission and the County asked to have someone there to explain their policies. Mr. Hedges said the next Commission meeting was August 28. Mike Foertsch asked about the public improvements on the Tranby property. Mr. Foertsch asked whether the Engineering Division should hold up the project or discontinue completely. He said they were beyond the feasibility report and were now in the plan preparation stage. Mayor Egan said Mr. Tranby had already guaranteed the cost of the report but asked Mr. Tranby if he wished the City to continue or to put the project on hold. Mr. Tranby said he saw no reason to continue with it. Mayor Egan directed Mr. Foertsch to put the project on hold and wait to hear from Mr. Tranby before continuing with the project. Mr. Neil Raisanen who lives near Carlson Lake Park said he appreciated that the Council and City Administrator had returned the calls he had made to them earlier. However, he said someone in the Park Department had overstepped their bounds. Mr. Raisanen said he was outraged by the clearcutting that had taken place to accommodate the blacktop path from the park. He said numerous stumps in excess of 20" could be seen. He said it was a 180 turn around from what they had been led to believe would take place. Mr. Raisanen said the issue had to be addressed immediately. Mayor Egan said all of the City Council was outraged and alarmed to see what had taken place. Unfortunately, Mayor Egan said he could not provide any answers. Councilmember Gustafson suggested that no more trees be taken until they had had the opportunity to look into the matter. Mayor Egan told Mr. Raisanen that staff would look into the matter. City Administrator Hedges said a letter would be directed to the Council and residents. Ms. Helen Tillery then addressed the Council regarding drainage problems on her property. She said that Councilmember Pawlenty had witnessed one flood they had had. She said her property is being deluged from three sides. Ms. Tillery said one problem is that the walking path is too high. She said run off was supposed to go over the path but because the path is so high it is being diverted onto her property. She said her lot was the lowest of 16 lots and all the other properties drain down onto her property. She said she can't sod or landscape because of this continuing problem. She said she had already lost a great deal of money in landscaping. 00282 Page 21/EAGAN CITY COUNCIL MINUTES August 7, 1990 Councilmember Pawlenty said the ponding occurred even without the flash flood. He said there are two significant rivers on Ms. Tillery's yard washing everything out. He said the problem has to be investigated and then a solution suggested. Mr. Chuck Lemere said he has a purchase agreement to buy a property in Stafford Place two lots down from Blaine Duxberry's property. He asked if the City Council had officially said there would be a pending assessment against the property. Mayor Egan said the intent is for the City to assume the costs of correction. PROJECT ARVALE BOULEVARD Egan moved, Gustafson seconded, a motion to receive the final assessment roll for Project 546, Cedarvale Boulevard and schedule a public hearing for September 4, 1990. Aye: 5 Nay: 0 CHECKLIST Wachter moved, Egan seconded, a motion to approve the checklist dated July 31, 1990, in the amount of $1,881,963.42 and the checklist dated August 7, 1990, in the amount of $1,131,026.61. Aye: 5 Nay: 0 The meeting was adjourned at 12:00 a.m., August 8, 1990. ADJOURNMENT CITY OF EAGAN anOverbeke, City Clerk 00283 KF