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08/21/1990 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA August 21, 1990 A regular meeting of the Eagan City Council was held on Tuesday, August 21, 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 City Administrator Hedges recommended the following changes to the agenda: Item R, Consent Agenda, Ratification of Planned Unit Development for West Publishing Company, addition to agenda. Item S, Consent Agenda, Ratification of Fire Department Pension Committee Recommendation, addition to agenda. Item 3, Administrative Agenda, Final Plat, Fairway Hills, Administrative Agenda. Because of medical reasons, request from Developer, Mr. Al Herrmann, to hear this item after Item B, Old Business, Cost Participation Agreement, Fairway Hills 2nd and Dakota County. Two items will be formally addressed under Visitors to be Heard: 1) Proposed resolution from Minnesota Public Radio, and 2) Carlson Lake Park. McCrea moved, Wachter seconded, a motion to approve the agenda as amended. Aye: 5 Nay: 0 MINUTES. Gustafson moved, Wachter seconded, a motion to approve the minutes for the August 7, 1990, regular City Council meeting. Aye: 5 Nay: 0 Gustafson moved, McCrea seconded, a motion to approve the minutes for the August 7, 1990, Board of Adjustments and Appeals. Aye: 5 Nay: 0 �GAST FBAs Mayor Egan presented a check to Doug and Marilyn Clemens for $700 as the City's most recent Cash for Trash winners. i A 'I RE. nuS I PUBLIC WORKS /1990 COMPREHENSIVE STORM WATER MANAGEMENT PLAN After introduction by Mayor Egan, City Administrator Hedges said that periodically, dating back to 1965, the City has considered and adopted the Comprehensive Storm Water Management Plan. He said as the City matures, develops and changes, the Comprehensive Plans for all infrastructure needs periodic review. x`'•286 Page 2/EAGAN CITY COUNCIL MINUTES August 21, 1990 Director of Public Works Colbert said the plan was forwarded to the City Council under separate cover. He said it is a lengthy document and incorporates the Water Quality Management Plan and Surface Water and Run Off Management Plan from a quantity as well as a quality perspective. He said there are numerous recommendation for change which will be the basis for future capital improvement programs as well as the modification of the comprehensive storm sewer system. Mr. Colbert said he would appreciate an opportunity to discuss the Plan in detail at a workshop session. He said it was an excellent plan and should serve the City well into the 21st century. Councilmember Wachter said he looked forward to receiving a detailed summary. He said he was very happy about the recommended increase in the depth and water retention capabilities of several drainage basins for water quality and ground water recharge benefit. Mayor Egan said approval was very relevant considering the storms the City had experienced lately, in addition to the recent adoption of the Water Quality Management Plan. Mayor Egan asked if the plan being presented was compatible with the Water Quality Management Plan. Mr. Colbert said they were prepared simultaneously and, therefore, very closely related. Gustafson moved, Wachter seconded, a motion to receive the 1990 Comprehensive Storm Water Management Plan and schedule consideration for formal adoption at the September 18, regular City Council meeting. Aye: 5 Nay: 0 PUBLIC WORKS/PROJECT 598 (GAL ASE CLIFF PLAZA 2ND ADDITION) FIRE STATION #5 ACCESS ALTERNATIVES After introduction by Mayor Egan, City Administrator Hedges said that at the August 7 City Council meeting, access to the Galaxie Cliff Plaza Addition and how that access related to Galaxie Road and Fire Station #5 was discussed by the developer and the City. He said Council had requested that alternatives be studied and brought back for further discussion. He added that Fire Chief Southorn was recommending Alternate B as workable but no other alternative received a strong recommendation. Councilmember McCrea then referred to a memorandum in the packet which cited a 53.50 per square foot cost for the acquisition of Outlot D, should that become necessary. The Councilmember said she understood the figure to be much lower. The City Administrator said that Staff had since been in contact with the owner and a lower figure had been quoted. Councilmember Wachter suggested that the Council consider retaining the existing road layout but with certain modifications such as widening that section of old Galaxie that accesses the Fire Station. He said that perhaps widening the road would cost the City acquisition costs; however, Director of Public Works Colbert said utilizing an existing condition would not necessitate any additional acquisition. Fire Chief Southorn said that the Fire Station was laid out as it is to utilize the present access to the station. He said that the use of Alternate A would present an unacceptable situation by taking volunteer traffic in front of the emergency response vehicles. He said they had no problem with Alternate B utilizing existing Galaxie as a one -way entrance into the station and exiting on Plaza Drive, if acceptable to the residents and Council. He said one unfortunate side effect was it would break up Outlot D. The Fire Chief said the existing condition with both entrance and exit onto old Galaxie is workable but would be a problem to some of the neighbors who were looking to the exit onto Plaza Drive to eliminate some of the traffic flow problems in the area. City Administrator Hedges said it might be possible to consider Alternate B as an alternate bid which would give the City time to negotiate acquisition. He said it may be possible the City may wish to 00287 Page 3/EAGAN CITY COUNCIL MINUTES August 21, 1990 acquire Outlot D for future use; however, he said they may find the costs prohibitive. Councilmember McCrea suggested that perhaps some type of negotiation could be worked out where it would not involve a cash payment but rather an "in kind" swap. City Administrator Hedges said that Community Development was suggesting such a negotiation. Councilmember Gustafson said it was his understanding that Plaza Drive was to line up with West Wind Trail and that portion of old Galaxie that was to remain, was to be used only by firefighters. The Councilmember said he did not see a traffic problem with red, emergency vehicles with flashing lights. He then discussed the associated costs of each of the alternates. Director of Public Works Colbert said there would be no cost to the City with the existing street layout and the possibility of severance damages would apply only to Alternate B. Alternate A would be less desirable because the volunteer traffic would cross in front of the fire doors. Mr. Colbert said it would become an issue of how important it would be to have emergency vehicles exiting onto Plaza Drive instead of Galaxie Avenue as it presently does because all responding firemen will still presumably use the present entrance. Councilmember McCrea said that having two accesses onto Galaxie Road is of concern to the neighborhood and that was the reasoning behind lining up Plaza Drive with West Wind Trail. The Councilmember said it is a dangerous road and the first concern was safety. Councilmember Wachter said it might be a possibility to purchase part of Outlot D to use for parking. Director of Community Development Runkle said there is a 50' no -build buffer on Galaxie and would leave very little of Outlot D to be developed. Councilmember Gustafson said that Alternate B would appear to cost the City the most dollars. He said there would be acquisition costs for that alternate versus zero costs with one of the other choices. He said he thought lining up Plaza Drive with West Wind Trail and leaving old Galaxie for fire use only would not go against the wishes of the community. He said he understood it was the major traffic flow that they were concerned about. Mayor Egan asked if it would be feasible to vacate old Galaxie and dedicate it as a private driveway easement to the Fire Station. Director of Public Works Colbert said the northern portion of old Galaxie would be vacated and incorporated into the plat. Wachter moved, Egan seconded, a motion to approve Project 598 for the installation of streets and utilities to service the proposed Galaxie Cliff Plaza 2nd Addition, with an alternate bid to include Fire Station access as described in Alternate B. Aye: 5 Nay: 0 A. Personnel Items 00283 1. It was recommended that the contract with David Childers to perform fire inspection tasks for the City of Eagan be approved. 2. It was recommended that the changes in point totals as indicated by revisions in Time Spent Profiles for exempt positions be approved and that a compensation level change from exempt level I to exempt level J for the Recreation Supervisor II and the Senior Engineering Tech/Supervisor be approved retroactive to January 1, 1990. 3. It was recommended that six months child care leave for Clerical Technician III, Tina Zink, and Police Investigator, Linda Myhre, be acknowledged. Page 4/EAGAN CITY COUNCIL MINUTES August 21, 1990 4. It was recommended that an unpaid leave of absence not to exceed thirty days be approved for Police Department Clerical Technician, Laurel Larson. B. 1990 General Fund Budget Adjustments It was recommended that the 1990 General Fund Budget Adjustments be approved. C. Deferment of Special Assessments /Olsen It was recommended that the special assessment deferment for Mrs. Dorothy A. Olsen for parcel 10- 02800- 020 -79 be approved. D. Deferment of Special Assessments /Coates It was recommended that the special assessment deferment for Mr. and Mrs. Neil F. Coates for parcel 10- 78200 -020-01 for Project 466 be approved. E. Resolutions/Multifamily Residential Land Study It was recommended that the resolutions pertinent to Multifamily Residential Land Study Areas C, K and L be approved. F. Vehicle #131, Receive Bids /Authorize Purchase (4 -Ton Asphalt Roller) It was recommended that the bids for Vehicle #131 (4 -Ton Asphalt Roller) be received and the purchase authorized from the appropriate low bidder. G. Contract 90-09, Receive Bids /Award Contract (West Publishing Wilmus Addition Trunk Storm Sewer) It was recommended that the bids be received and Contract 90-09, West Publishing Wilmus Addition Trunk Storm Sewer, be awarded to the lowest responsible bidder and the Mayor and City Clerk authorized to execute all related documents. H. Project 589, Approve Resolution Restricting On- Street parking (Elrene Road) It was recommended that a resolution restricting on- street parking for Elrene Road under Project 589 be approved and the Mayor and City Clerk authorized to execute all related documents. I. Contract 89 -05, Approve Change Order #1 (Skyline Road Storm Sewer) It was recommended that Change Order #1 to Contract 89 -05 be approved and the Mayor and City Clerk authorized to execute all related documents. J. Contract 89 -00, Acknowledge Completion George W. Giles Addition (Utilities) It was recommended that the completion of Contract 89 -QQ (George W. Giles Addition) be approved and that perpetual maintenance by the City of related public facilities be authorized subject to appropriate warranty conditions. O( 4289 Page 5/EAGAN CITY COUNCIL MINUTES August 21, 1990 It was recommended that Change Order #3 to Contract 90-04 (Coachman Road Right -Turn Lane) be approved and the Mayor and City Clerk authorized to execute all related documents. L. Project 572, Receive final Assessment Roll/Order Public Hearing (Lexington Way Street and Water Main) It was recommended that the final as ssment roll for Project 572 (Lexington Way Streets Water Main) be received and the final assessment public hearing be scheduled for September 18, 1990. M. Project 581, Receive Final Assessment Roll/Order Public Hearing (Hills of Stonebridge 2nd Addition Trunk Water Main Storm Sewer It was recommended that the final assessment roll for Project 581 (Hills of Stonebridge 2nd Addition Trunk Water Main Storm Sewer) be received and the final assessment public hearing be scheduled for September 18, 1990. Utilities K. Contract 90-04, Approve Change Order #3, (Coachman Road Right -Turn Lane) N. Project 508, Receive Final Assessment Roll/Order Public Hearing (Daniel Drive Streets It was recommended that the final assessment roll for Project 508 (Daniel Drive Streets Utilities) be received and the final assessment public hearing scheduled to be held September 18, 1990. O. Final Plat, Country Hollow Second Addition 0u290 It was recommended that the final plat for Country Hollow Second Addition be approved. R 90.56 P. Final Plat, Sherwood Downs It was recommended that the final plat for Sherwood Downs Addition be approved. Q. Final Plat, Boulder Ridge 2nd Addition It was recommended that the final plat for Boulder Ridge 2nd Addition be approved. R. Ratification of Planned Unit Development for West Publishing Company It was recommended that the Planned Unit Development For West Publishing Company be approved. S. Ratification of Fire Department Pension Committee Recommendation It was recommended that the Fire Department Pension Committee recommendation be ratified. Wachter moved, Gustafson seconded, a motion to approve the Consent Agenda as presented with the addition of Items R and S. Aye: 5 Nay: 0 R -90.57 R -90.58 Page 6/EAGAN CITY COUNCIL MINUTES August 21, 1990 Mr. Ray Nutzmann, 4555 Acorn Street, asked when the boulevard areas would be restored now that the streetlights had been installed. Director of Public Works Colbert pointed out that in order to keep costs down, the City had agreed not to restore the boulevards with sod but to seed them only to prevent erosion and that any further restoration would be the individual responsibility of the property owners. After further discussion, it was determined that the City had made a concerted effort to save money for the property owners by not making extensive property restoration a part of the contract. As this was done at the neighborhood's request, it was the consensus of the Council that the City had met its obligation. Gustafson moved, Wachter seconded, a motion to close the public hearing and to adopt the final assessment roll for Project 586, South Oaks Addition Streetlights, and certification to Dakota County was authorized. Aye: 5 Nay: 0 PROJECT 575/FINAL ASSESSMENT HEARING SLATERS ACRES JAMES STREET STREETLIGHTS After introduction by Mayor Egan, the City Administrator said that Project 575, Slaters Acres and James Street Streetlights, had been completed, the final costs tabulated and the final assessment roll prepared. Mayor Egan asked if any residents were there to address the issue and none were. Wachter moved, Pawlenty seconded, a motion to close the public hearing and to approve the final assessment roll for Project 575, Slaters Acres and James Street Streetlights, and certification to the County was authorized. Aye: 5 Nay: 0 VACATE DRAINAGE UTILITY EASEMENT LOTS 3 4, BLOCK 1, SIBLEY TERMINAL INDUSTRIAL PARK After introduction by Mayor Egan, the City Administrator said the City had received a petition from the property owner requesting this vacation of the existing drainage and utility easements. Director of Public Works Colbert went on to say that the existing storm sewer system had been replaced by a storm system awarded to a contractor with Council action on August 7. Pawlenty moved, Gustafson seconded, a motion to close the public hearing and to approve the vacation of the drainage and utility easements as described between Lots 3 and 4, Block 1, Sibley Terminal Industrial Park subject to the condition that the property owner will provide any additional easement at no cost to the City and the Mayor and City Clerk authorized to execute all related documents. Aye: 5 Nay: 0 PROJECT 602/CONSIDER PLANS FOR STAFFORD PLACE DRAINAGE AND STORM SEWER IMPROVEMENTS After introduction by Mayor Egan, the City Administrator said that the item before the Council did not require any history. At the August 7 City Council meeting, direction was given to ask our consulting engineers to put together an ultimate design for storm sewer improvements to Stafford Place. Director of Public Works Colbert said that the problem in Stafford Place was associated with excessive surface water run -off being concentrated in the north central portion of the development. He said that Staff had evaluated the storm sewer system to find that the internal laterals are designed for five year frequency storm water run off. What has been experienced are high intensity, short duration, unexpected rainfalls that are greater than what the five -year event system can handle and has resulted in excessive G 291 Page 7/EAGAN CITY COUNCIL MINUTES August 21, 1990 surface water run -off. After a detailed analysis of the overall drainage basin, Mr. Colbert said there were three primary solutions that should be taken into consideration: 1) try to separate out the size of the drainage districts that go into that central point, 2) try to detain as much of the surface water run -off and hold it back until the storm sewer system can take it, and 3) provide additional storm sewer capacity down the hillside or through the highly erodible areas. He said there were eight, individual projects that could approach each of the three, general solutions. The concepts were presented to the neighborhood group at a meeting and with the developer and his engineer. He said a letter had been received from a homeowner expressing concerns regarding a detention basin proposed in a backyard area. Mark Hanson, of Bonestroo, Rosene, Anderlik and Associates, said that when they left the Council meeting on August 7, they left the meeting with the understanding that they would provide an improvement that would fix the flooding, the overland drainage, flooding of Northview Park Road and Braddock Trail, the exiting of the storm water from the existing storm sewer system, and the solution was not to be a band aid or a quick fix project. He said the improvement discussed at the last meeting was still valid; however, the improvements they would be discussing this evening were the ultimate improvements and would correct the problems in Stafford Place. He said designing a system in an existing area is a challenge because when dealing with existing grades and a lot of property owners it becomes very difficult to build a cost- effective improvement. He said there are two large, drainage areas upstream which direct run -off to New York and Vermont Avenues. The only retention of storm water, which is the best way to correct storm water problems, occurs in the streets. This has not been acceptable when the streets are collector type streets. Additional problems occur with the overland drainage when these large drainage areas discharge to one focal point which is an area between homes and on a steep grade. The water then continues down to Northview Park Road where a very large drainage area forces overland drainage to occur out to Trotters Ridge Road and flooding of Northview Park Road becomes excessive. He said two of the major improvements to the system would take all the drainage on Braddock Trail down to its low point so that the overland drainage of Braddock Trail would be directed along the school property over to Northview Park Road. The school has said they would berm the parking lot and install speed bumps to keep drainage into the roadway at a minimum. Secondly, the overland drainage on Pennsylvania Avenue at States Avenue, would be taken down Pennsylvania and only the drainage which would be coming into the storm sewer system would come down to New York and Vermont. In doing that, the overland drainage would be removed from two substantial districts which are presently directed to New York and Vermont. Then at the focal point where problems are now occurring, three overland drainage points would be created. At Vermont the overland drainage would be directed into an area where detention basins are proposed in the backyards. A breakdown of the costs of these improvements are included in the Preliminary Feasibility Report and are lettered A through H (See Exhibit A). Mr. Hanson said various combinations of the suggested improvements could be included with the project. Director of Public Works Colbert said that storm sewers are designed to carry storm water for a 5 or 10 year event and, based on the best information they have, anything that exceeds that is expected to be conveyed overland. What they are attempting to do, however, is to insure that this overland conveyance does not result in property damage. The property damage that is being experienced, Mr. Colbert said, has occurred because of the volume of water that has gone over a steep grade in an erodible backyard area. The improvements will redirect some of the excess surface water run off away from concentrated areas, will detain what gets there until it can be released in a reasonable manner, and then convey it down the slope in a conduit or closed pipe system, thereby eliminating the erosion. The improvements are expected to handle the 100 year frequency of overland drainage. Once the excess run off reaches the bottom of the hill at the intersection of Short Line and Pennsylvania, it is acceptable to convey that run off through a street. Temporary flooding of intersections is expected in storm sewer design which does not mean the 00292 Page 8/EAGAN CITY COUNCIL MINUTES August 21, 1990 storm sewer is not properly designed. What is happening in Stafford Place is that once the small detention intersection floodings exceed their capacity, there is an unacceptable method of conveying the surface water run off down backyard areas. Mr. Colbert said the problems have been accentuated by the development not being completed resulting in storm water being shed quickly. He said as sod and landscaping are developed, it would have a significant impact on retaining and holding back the excess surface water run off. He said this would result in less clogging of the system which has even further restricted the available storm sewer capacity. He said with the improvements included in the first part of the proposal, the subdivision should be able to function with the same level of design as is provided for the rest of the City. Mayor Egan said that one of the concerns is that the City has gone from a retention basin of zero acre feet to 1.62 with the proposed plan. He asked if that was now being increased to 4.2 acre feet. Mark Hanson said that with the present situation it would be difficult to achieve anything more than 2 acre feet but they were attempting to show what could be accomplished with just a small increase in storage capacity. Mayor Egan asked if the design location of the detention basins had changed. Mr. Hanson said that in order to minimize the disturbed areas in the backyards, they were proposing to move the basins a little further north. Mayor Egan said he thought it should be pointed out that the report indicates that the recommendations are feasible from an engineering standpoint; however, the costs would stretch economic feasibility. He added that the report also goes on to say there are no demonstrable City means to finance it. Mayor Egan asked the Director of Finance, if assuming that the portions of the project, A through E are assessable, and assuming that F, G and H go beyond the City standards and are likely not to be assessable, would the City run into problems with its auditors if the project exceeded by three times that which is assessable because there would not be the required demonstrated benefit? The Director of Finance said the auditors would look at the expenditure as any other and whether it is an appropriate City expenditure or for appropriate City uses and would not get into a judgmental area as to whether it is something that should be done or whether it is an appropriate use of City resources. Councilmember Wachter asked if Item H shouldn't be included with the project. Councilmember Gustafson said that residents have asked that the storm sewer problems be fixed as well as making restitution for sod and landscaping that have been washed out. He asked whether the amount included for restitution was sufficient. He said the Council would need to know what those costs are going to be and, if they are included, to what extent. Councilmember Pawlenty then asked what happens to the water that comes out of the sewer at Short Line if the project is not completed all the way. Mr. Hanson said the system would have to be designed to provide the outlet of water as well as the inlet because 60 cfs of water would have to be taken outside of the storm sewer system and put into the street. It would run down Short Line to the low point in Northview Park Road and then would overflow to the drainage swale that exists in Trotters Ridge. Councilmember Pawlenty said that this design then does not address the flooding of Northview Park Road. Mr. Hanson said if Parts F and G are removed, that was correct. Mr. Hanson said one of the things they still want to investigate is working with the Trotters Ridge development to see if they could improve it so that the flooding is not quite so dramatic and to do that through grading rather than through the storm sewer system. Councilmember Pawlenty said that leaving Northview Park Road without addressing the flooding would be a questionable decision. Mr. Colbert said it is not unusual during high intensity rain falls to have flooded intersections. He said it would be very expensive to construct storm sewer at each of the low points in order to maintain traffic throughout the community through any kind of rain storm. He said that if flooding does occur, it is of very short duration. Mr. Colbert said he did not feel it would be cost effective as long as there has been no structural damage. 00293 Page 9/EAGAN CITY COUNCIL MINUTES August 21, 1990 00294 Councilmember Pawlenty asked Director of Public Works Colbert if he had had an opportunity to respond to John Griggs' letter. Mr. Colbert said Mr. Griggs' concern was with the effect of the berm construction due to the topography. However, it was found that if the berm were moved slightly to the north, it would enhance the drainage retention capabilities and eliminate the construction limits from encroaching on the Griggs' property. Mr. John Griggs of 4091 Vermont said he believed that once turf grass is established in the entire area it would greatly improve the run off situation. He said when one considers what is being achieved with just the implementation of Parts A and B and the percent of reduction in the critical drainage district and then consider that the entire area will eventually be sodded, a significant improvement has been achieved. He added that in light of this, he questioned how much detention basins would be needed. Mr. Griggs said he supported the implementation of Parts A, B, C, D, E and H and would like to see the details. Mr. Gordy said that the big project is the storm sewer. He said he was not directly affected by their installation but was more interested in restoration. He said he was part of the area heavily damaged by the storms and would like to see Part H implemented. Mr. Greg Johnson of 816 Short Line said he is most interested in the Trotters Ridge Road area where the water exits. He said demands cannot be made on that area yet because there is no sod. However, he questioned why that area couldn't drain directly into the lake across from the new development. He said A through E looked great, but F may be too costly. He said he was concerned about the emptying points in Trotters Ridge. Mark Hanson said ideally that if Trotters Ridge could overflow into the pond as opposed to around the corner back into Northview Park Road, that would be the best situation. He said if they could work with that developer, it could help the low point in Northview Park Road also. Mr. Blaine Duxberry asked what rainfall would result in water being retained in the detention basins. Mr. Hanson said approximately 23 cfs would be retained for a 100 year event. Mr. Duxberry said his backyard is currently being used to collect storm water. He said he supports the proposal but is nervous about the detention ponds. He asked if the City is looking to upgrading the criteria for storm sewers. Mr. Hanson said that if they took costs such as these to a developer, it would make the development no longer feasible. Councilmember Gustafson asked how much water would be retained in the basins after a rain of 2" over a four hour period? Mr. Hanson said by reducing the drainage areas, he would question whether any rain would be retained. The Councilmember said it was his understanding of the improvements that there would be occasional flooding but without the erosion damage. Mr. Colbert said the vast majority of high intensity rainfalls would be handled with the reduction of the drainage areas and with the improvements. He said it would only be the 100 year event that would see any ponding in the detention basins. Mr. Duxberry said he could not be certain that there was no structural damage. He asked if anyone could check. Mr. Hedges said the City did not have any structural engineers but could have someone from Building Inspections look at these homes, at their request, with the understanding that they are not structural engineers. Ms. Kathleen Griggs, 4091 Vermont, asked whether with the new berm it was still intended to flood into their backyard area. She said encroachment would occur in their entire backyard. She would like easement details as soon as possible as a 35' encroachment would be excessive. She also questioned whether such deep, dry ponds would be necessary if the drainage area was reduced by 50 Mr. Hanson said the retention basin was designed to be 4 12' at its deepest point. He said if the detention basins are built Page 10/EAGAN CITY COUNCIL MINUTES August 21, 1990 and if 40 cfs comes into the area for a 100 year event, then the 60 cfs pipe that is being built down the ravine could carry 100 cfs and give them the opportunity to get the water into the pipe. Mr. Hanson said that if in fact that is accomplished, then instead of releasing the 60 cfs into Short Line to overflow down the roadway, they would now be releasing 100 cfs because that is how much water could be retained there for that 100 year event. It is a very significant improvement and he could not emphasize enough how strongly the retention basins were needed. He said they did not feel the retention basins would be detrimental. Mr. Colbert said they were attempting to spread the burden so it would not be a hardship on any one particular property owner. One resident asked if sodding would be included with these improvements. Mr. Hanson said that it was included wherever the sod was disturbed by the construction. The resident asked how deep the water would run at Short Line. Mr. Hanson said no more than 4' for less than an hour for a 100 year event. The resident then asked Mark Parranto if Rottland Homes was buying the rest of the development. Mr. Mark Parranto said he was not involved and they would have to ask Frontier. He said to his knowledge they have not signed a contract. A respresentative of Frontier said they were negotiating. The resident then said he would not sign off for any easement without any erosion control measures. Mr. Colbert said he understood the concern but there would be erosion until the last house is built and turf established. He said that if the concepts are approved, they would request that detailed plans and specifications be prepared and come back for formal approval on September 18 and hope to award a contract on October 16. Construction could then begin around November 1 with completion by Thanksgiving or the first part of December, weather permitting. Restoration could then be completed the following spring. Because so many property owners are involved, without 100% cooperation, 100% of the project will not be completed in the shortest time possible. If there are concerns or reluctance, Mr. Colbert suggested that the contract award wait until concurrence is received from all affected property owners. He suggested that the contract not be awarded until the rights of entry and authorization have been received to do so. He said the City stands ready to make these improvements to correct and resolve this situation as quickly as possible but they would need everyone's cooperation. The resident said he agreed but asked if some erosion control measures shouldn't be standard procedure. Mr. Colbert said that some of the erosion control measures used to alleviate the situation, such as, haybales and siltation fences had plugged the catch basins and had contributed to the problem with the flooding at the school. Mr. Parranto said that the dirty water was coming off the undeveloped lots. He said they had solved the problem in another subdivision he is involved in by putting down three feet of sod along the edge of the lots and it seemed to be working. He said they are grading off the first few feet on all lots upstream and the sod is catching the sand that seems to wash off the lots. Mr. Parranto then turned his attention to the project before the Council and asked how the City intended to pay for these improvements. He asked the City Council what their position was on the issue. He said Staff had to admit that the storm sewer pipes do what they were designed to do. He said there have been no problems with normal rain but problems were experienced with the last three rains which were 100 year events. Mr. Parranto said no storm sewer system in the City can handle a 100 year event. He asked why it was necessary to make such extensive changes and who was going to pay. Councilmember Pawlenty asked Mr. Parranto if he was saying that nothing needs to be done in Stafford Place. Mr. Parranto said all the problems were experienced during 100 year events. He said that several grading problems had occurred and several changes had been made in the grade. He said the solution could be confined to erosion correction and getting the water down the hill. He said in each case where there was erosion damage, it was a property that was not sodded. Councilmember Pawlenty said it was more than just erosion problems and that something needed to be done. He asked Mr. Parranto what he thought should be done. Mr. Parranto said the problem has occurred before but they do not design 00295 Page 11/EAGAN CITY COUNCIL MINUTES August 21, 1990 to the 100 year storm. He said the system had been built as required to a 5 year design. He said certain manholes were taken out at the City's consulting engineer's request and, he said, that this and all other changes were approved by the City's consulting engineer. He said he would suggest putting in 27" piping on top of the existing 27" line and add additional catch basins. Wachter moved, McCrea seconded, a motion to approve the concept drainage and storm sewer plans for Parts A, B, C, D, E and H (see Exhibit A) for Project 602, Stafford Place, and authorized the preparation of detailed plans and specifications. Aye: 5 Nay: 0 AGREEMENT/COST PARTICIPATION FAIRWAY HIILS 2ND AND DAKOTA COUNTY After introduction by Mayor Egan, City Administrator Hedges said that the City had been working on an agreement with the developer of Fairway Hills for the cost of the frontage road used during the upgrade of Pilot Knob Road between Camelback Drive and Interlachen Boulevard. A final settlement of $24,196.87 will be recommended to the County Board for their acceptance and approval. The developer will pay to the City, 55% of City- incurred legal, engineering and staff fees on the project, or $3,973.33. Mr. Al Herrmann of Bridlewilde Joint Venture has agreed to this settlement. Wachter moved, Gustafson seconded, a motion to approve the City's agreement to the proposed settlement for Fairway Hills 2nd Addition contingent upon Dakota County acceptance. Aye: 5 Nay: 0 With the approval of the agenda, the City Council agreed to hear Item 3 of the Administrative Agenda at this time for the convenience of the developer. FINAL PLAT/FAIRWAY HILLS 3RD ADDITION After introduction by Mayor Egan, the City Administrator said that in addition to a request for the approval of the final plat for Fairway Hills 3rd Addition, what was at issue was an additional clause the developer would like placed in the development agreement that would require the City of Eagan to be accountable for the cost of any design changes that occur during construction of utilities and streets once the engineering plans and specifications are submitted by the developer's engineer and have been given a stamp of approval by the City's engineering or consultant staff. Mr. Hedges said that it was the recommendation of the City Attorney that this language would not be in the best interests of the City and, therefore, should not be included as a part of the development agreement. Mr. Al Herrmann, the developer of Fairway Hills 3rd Addition, said he believed that contracts should work in both party's favor. He said that twice plans have received approval by the City and if these plans were carried out with good workmanship with minor adjustments, then once they are in, the developer should not have to come in and incur additional costs that they did not intend. Mr. Herrmann said it was costly to the developer when they put a price out and then have to make corrections of $1,000 per lot. He said he believed contracts should protect the City, of course, but they should also protect the developer. He said he believed that somewhere in the contract it should say that if the contract is performed as has been asked, and checked and rechecked, then the developer should be protected too. He said he would prefer to see this language in the development agreement. He would be happy to sign the development agreement if this clause was included; however, he was not saying that he wouldn't sign it if it was not included. City Attorney Sheldon said that this type of language would place the City at a disadvantage. He said that it is one thing to design the system versus checking someone else's design for that system. He 00296 Page 12/EAGAN CITY COUNCIL MINUTES August 21, 1990 said the City would be unwilling to use that type of language in the development agreement if they are not the designer and the builder. Mr. Sheldon said that the person who designs and constructs the system should be the one ultimately responsible for the viability of the system. He also asked who should bear the risk and liability if the system does not work. The City Attorney said that if the City were to design and develop the system, they would be expected to bear the responsibility; however, if the developer is the designer and the developer of the system, then they should bear the responsibility. Mr. Herrmann wished to make the point that once the system was in and completed in a workmanship -like manner, and the City had checked it, his responsibility should be limited to that point. The Director of Public Works, Tom Colbert, said that if the City were to come back with a change, it would mean that the system obviously did not work and if it didn't work, it wasn't the checking that was the problem but the design. Mr. Colbert said that if the system didn't work, it had to be a flaw in the design or construction. Mayor Egan made the point that the City may very well look to the developer of Stafford Place for correction of the problems in that project. He said they have not signed off the responsibility of the developer for the design of that system. Councilmember Gustafson said that a few years ago, the City looked at having all infrastructure designed and installed by the City. The Councilmember said he had voted against that proposal so that developers would have the flexibility of putting in the systems themselves. With that flexibility, however, came the responsibility to assure that the systems worked. Gustafson moved, McCrea seconded, a motion to approve the Fairway Hills 3rd Addition final plat without the language as proposed by the developer. Aye: 5 Nay: 0 R 90.59 RENEWALS/TRAILER PERMITS After introduction by Mayor Egan, City Administrator Hedges said that at the July 10, 1990, City Council meeting, the City Council directed staff to contact Tripp Oil Company, Lyle Schultz and American Homes and require that they show cause why their trailer permits should be renewed. Wachter moved, Egan seconded, a motion to approve a one -year trailer permit for Lyle Schultz for a residential trailer at 1315 Carriage Hills Drive. Aye: 5 Nay: 0 After Councilmember Wachter questioned how much longer a trailer permit would be required by Tripp Oil Company, McCrea moved, Gustafson seconded, a motion to approve a one -year trailer permit for Tripp Oil Company for a trailer located at 3085 Highway 13. Aye: 4 Nay: 1 (Wachter) Mr. Steven Isaacson of American Homes then discussed the trailer permit held by his company. He said he had sold the business a year ago and it had been purchased by Dakota Homes, which has since gone out of business. Mr. Isaacson said he has a sales lot permit and he is attempting to sell the remaining trailers. Mr. Isaacson said he was not certain how much longer he would require a permit but he would like to maintain it for at least one more year. He pointed out that his sales lot was in an industrial area. Mayor Egan asked Mr. Isaacson if he was allowed to remain one more year, could he get the rest of the trailers sold. Mr. Isaacson said that he pays commercial taxes and did not understand why he could not maintain his sales lot permit indefinitely. After all, he said he does not pollute and the area does not look unsightly. Wachter moved, McCrea seconded, a motion to approve a one -year (or less) trailer permit for American Homes located at 3660 Dodd Road. Aye: 5 Nay: 0 0 Page 13/EAGAN CITY COUNCIL MINUTES August 21, 1990 COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING AREA J/MULTIFAMILY RESIDENTIAL LAND STUDY After introduction by Mayor Egan, the City Administrator said the item had been considered at the July 17 City Council meeting. At that time, the City Attorney had been directed by the City Council to prepare a memorandum of findings. Mr. Hedges said the memorandum had been prepared and distributed to the City Council. He also pointed out that a letter had been received from the property owner and that they were in agreement with this change. After consideration of the City Attorney's findings, Gustafson moved, Wachter seconded, a motion to deny the Comprehensive Guide Plan Amendment and Rezoning of Area J of the Multifamily Residential Land Study. Aye: 5 Nay: 0 SPECIAL HUNTING PERMIT/JONATHAN YANTA 00298 After introduction by Mayor Egan, City Administrator Hedges said Mr. Yanta had applied for a permit in the past and had received approval. Mr. Hedges said that staff had reviewed the application and it is in order. The Chief of Police recommended approval subject to the applicant's providing a list of names and license numbers of those persons in Mr. Yanta's hunting party. Gustafson moved, Pawlenty seconded, a motion to approve a request by Jonathan Yanta for a special hunting permit for property owned by Joe Kenneally located in the south half of Section 18 between old Cedar Avenue and the Burlington Northern Railroad tracks on the condition that the applicant supply the names and license numbers of those in his hunting party. Aye: 5 Nay: 0 RENEWAL/GENERAL LIABILITY/WORKERS COMPENSATION INSURANCE JULY 1, 1990 JUNE 30, 1991 After introduction by Mayor Egan, the City Administrator said that the renewal involved a substantial change in rates. Mr. Hedges then introduced Jeff Bowers of First Insurance for a brief presentation and then to answer questions. Mr. Bowers said that most of the information in the packet was self explanatory and that the City had a claims -made policy. He said they had pursued higher deductible options, however, he did not feel they were economically wise at this time. Mr. Bowers said that the City has to take a more self insured posture. He went on to say that the biggest area of concern was workers compensation. Mr. Bowers stated that it was the result of three factors: 1) the total estimated payroll had increased, 2) the rates per $100 of payroll had increased substantially (which is outside of City- control), and 3) the City's experience modifier had increased from 1.01 to 1.09. City Administrator Hedges said that staff had discussed a higher deductible and the City is at the threshold. He went on to say that the City is not quite big enough to take the step; however, it is not so small that they shouldn't be looking at it. Mayor Egan expressed concerns about the rate increase for workers compensation. He asked Mr. Bowers if he was satisfied that with proper risk management the City could get workers compensation more into line. Mr. Bowers said the City had no control over the rates; however, the experience modifier factor could be worked on. He said it would be beneficial to the City to control the loss from these costs from the beginning. Page 14/EAGAN CITY COUNCIL MINUTES August 21, 1990 Pawlenty moved, Gustafson seconded, a motion to approve as presented, the 1990/1991 general liability/workers compensation renewal package. Aye: 5 Nay: 0 CERTIFICATION OF PROPOSED 1991 BUDGET PROPERTY TAX LEVY After introduction by Mayor Egan, the City Administrator said that in order to be in compliance with the truth in taxation laws, the City must submit to the County Auditor its proposed property tax levy for payable 1991 on or before September 1, 1990. Mr. Hedges went on to say that the request before the Council was to give consideration to the proposed budget and adopt the levy of 1990 real estate taxes for payable 1991. The City Administrator wished to point out that an $80,000 levy for equipment certificates was also included for payable 1991. Mr. Hedges said that the levy for the certificates did not have to be used but it could not be added later. He said it could always be deleted if Council so desired. Gustafson moved, Wachter seconded, a motion to approve the proposed 1991 Budget and the proposed levy for payable 1991 real estate taxes. Aye: 5 Nay: 0 R 90.60 CERTIFICATION OF 1991 BUDGET PUBLIC HEARING AND CONTINUATION HEARING DATES After introduction by Mayor Egan, the City Administrator said that the public hearing dates are required by State law to be set by our jurisdiction and must be set for a date between November 15 and December 20. It is required that the initial public hearing be set and a continuation date set in the event it is necessary. The City Administrator said the City Council should give consideration to December 4, a regular City Council meeting, as the public hearing date and, if necessary, a special meeting could be held on December 11, 1990. McCrea moved, Pawlenty seconded, a motion to set the 1991 budget public hearing date as December 4, 1990, and the continuation hearing date as December 11, 1990, and authorized the City Clerk to certify the dates to the County Auditor. Aye: 5 Nay: 0 VARIANCE/PRELIMINARY PLAT HILL OF STONEBRIDGE 3RD ADDITION After introduction by Mayor Egan, the City Administrator said this was a variance to allow a cul de sac in excess of 500', thereby revising the preliminary plat for Hills of Stonebridge 3rd Addition. He said that the purpose of this variance was to permit overland drainage trails to be designed along rear lot lines rather than using front and side yard drainage. Mr. Hedges said that upon completion of subsequent phases of this development, Barrow Court will provide an additional outlet to Diffley Road ultimately eliminating the need for this variance. Larry Guthrie representing the developer, apologized for the lateness of a letter that he distributed to the Council. Mr. Guthrie said they were not aware of any opposition to their application until yesterday. He said he wished to raise the issue of Stafford Place as being why they are against the through street versus the cul de sac. He said that with the cul de sac design, there would be a swale in the backyards and with a 100 year event, the basement floors would be above the swale. With a through street, the overland run off would go over the streets and sideyards. He said the real danger of sideyard easements are the encroachments over time of landscaping and the possibility of a resulting change in the drainage patterns. He said they oppose the through street design because of that and the cul de sac is the preferred method. He also said he did not believe a variance would be required because it would be required only if the cul de sac was to be permanent and this is not designed to be permanent. He said their major 0(.x299 Page 15/EAGAN CITY COUNCIL MINUTES August 21, 1990 003C 0 concern is getting final plat approval. Mr. Guthrie said the through street design was approved with the preliminary plat last April and now it is almost September and they do not know which way the City wants to go. He said they would like to be at the next City Council meeting and get final approval. Director of Public Works Colbert said that from a Public Works Engineering perspective, he had concerns regarding the 20 depth of the sanitary sewer at the end of the cul de sac and the overdepth watermain between houses. He said that would inhibit the ability to have access to any problems as the houses settled or accessibility for any future corrective maintenance. He said with a through street, the utilities would be in the public right of way in the street. In addition, without a through street, most of the traffic would go through the Stafford Place development. Mayor Egan then asked about the JP -27 issue. He said Mr. Guthrie's letter indicated an offer regarding the cost of the storm sewer portion of this development and the question of whether or not this project drains into or is burdened by JP -27. He said there seemed to be an effort to leverage the issue before the Council with that issue. City Attorney Sheldon said that the direction from Council was that the process move forward with the requirement that the developer pay half the costs or a specified dollar amount and that was the process under which the City has been proceeding. He said the City intended to proceed that way unless and until the Council changed their direction. Councilmember Gustafson questioned whether the action to be considered addressed the issue. He said the question seemed to be whether or not the road should go through and not a variance for a cul de sac. Mayor Egan added that it appeared this to be a forum for expediting the approval of the final plat. Mr. Guthrie said they have talked of participating in solving the JP -27 issue. He said they made an offer to participate in half the estimated costs for JP -27 but they had wanted the final plat approval and the issue resolved by the August 7 City Council meeting. He said they have now formally withdrawn the offer. He said his client was still willing to participate along those lines but before resubmitting the offer would like to be told that the City Council is ready to give final approval to the plat. He said he would like to see everything done by the next City Council meeting and then they would decide whether they had been delayed too much so it wouldn't make any difference to them and they would fight the JP -27 issue as well as address the final plat approval. Mr. Guthrie said they wanted to be on record because they have Stafford Place types of concerns that if flooding occurs in the future and the City Council asked who erred, they want to be able to say they had recommended the overland drainage route. In answer to Councilmember Gustafson's question, Director of Public Works Colbert said staff did not believe the continuation of the road would have a detrimental impact on overland drainage. Councilmember Gustafson asked Mr. Guthrie how they would respond to Staff concerns regarding overdepth utility lines. Mr. Guthrie said that the manholes will be in the street and it will be the lines going along the lot lines. Mr. Guthrie said Mr. Colbert had indicated that there had been claims in the past when sewer lines had gone along lot lines. Mr. Guthrie said they have one of those claims before the City and it is not being recognized by the City. He said the City's recognizing this claim is also a condition of their participation of JP -27. Mr. Colbert said there had been on -going discussions and negotiations in regard to the settlement of that claim; however, it would be more accurate to say that the City does not accept that claim. Mr. Colbert said the mere fact that the claim has been submitted should be a major reason the City should not allow a similar situation to occur and result in another claim. Mr. Colbert also wished to add that Staff had not delayed the final plat but Mr. Guthrie's client had submitted revisions that the City does not feel approvals have been granted for. He said if the original plans and original plat had been submitted, it could have been processed. Mr. Guthrie said the original plan would have gone through if the City had not requested to resolve JP -27 and require them to submit an application for a feasibility report for JP -27. Page 16/EAGAN CITY COUNCIL MINUTES August 21, 1990 Wachter moved, Egan seconded, a motion to deny a variance for a cul de sac in excess of 500 feet to revise the preliminary plat for Hills of Stonebridge 3rd Addition. Mayor Egan said the issue of JP -27 would have to be resolved before the final plat is approve, however, it was not the issue before the Council. Aye: 5 Nay: 0 PRELIMINARY PLAT/CONDITIONAL USE PERMIT FINASERVE INC. ADDITION Mayor Egan introduced the item and the City Administrator said that the Advisory Planning Commission had recommended approval. Director of Community Development Runkle said that in reviewing the building permit for improvements to the property, it was learned that the property had not been platted. Mr. Runkle said that because of the improvements, platting is required. A conditional use permit is also needed for the existing pylon sign, and the use as a motor fuel station in a general business district. Mr. Runkle added that since the Advisory Planning Commission meeting, the issue of two pylon signs had been resolved. Mr. Don Morrow, representing the applicant, stated that improvements would enhance the corner and better serve their customers. Mr. Morrow said they were in agreement with staff recommendations and the Advisory Planning Commission's main issue was the pylon sign. He said Fina had agreed to eliminate one of the pylon signs and maintain the existing pylon sign. Mr. Morrow said he was not aware of the platting requirements and that had set their construction schedule back. He said they were anticipating problems with the final plat because of the survey discrepancy which will have to be approved by the County. Because it will delay their construction, they are requesting that a building permit be issued in addition to a certificate of occupancy. Mr. Sheldon said a letter had been received from Mr. Morrow regarding the torrens certificate to correct the legal description. Mr. Sheldon said there would be no problem with the building permit but the issue of the certificate of occupancy should wait until they are ready to occupy and the City has an idea of where they are in terms of their development and their proceedings subsequent to certificate and correction of the title. Gustafson moved, Wachter seconded, a motion to approve a preliminary plat for the Finaserve, Inc., Addition/Fina Oil Chemical Company consisting of approximately 1.7 acres for a motor fuel station. Aye: 5 Nay: 0 Gustafson moved, Egan seconded, a motion to approve a conditional use permit for a pylon sign and motor fuel sales located at the intersection of Highways 149 and 55 in the northwest quarter of Section 12. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING AREA A/MULTIFAMILY RESIDENTIAL LAND STUDY After introduction by Mayor Egan, the City Administrator said this was one of the parcels being examined throughout the City as a part of the Multifamily Residential Land Study. Mayor Egan asked if anyone, including the property owner, was in attendance to address the issue and no one was. The Mayor said it was his understanding that the owners, the Kennedy's, were in agreement with the proposed changes. —ran Page I7/EAGAN CITY COUNCIL MINUTES August 21, 1990 Wachter moved, Gustafson seconded, a motion to approve the Comprehensive Guide Plan Amendment and Rezoning of Multifamily Residential Land Study Area A subject to the preparation of the findings of fact by the City Attorney. Councilmember Pawlenty said he was concerned that some legal issues were flagged for this parcel, and questioned whether the Council should proceed without a more definitive legal opinion from the City Attorney. City Attorney said they had been of the opinion that they not prepare findings until the Council has had the ultimate presentation on the matter and whatever information comes out of that would be the direct findings. Councilmember Pawlenty said as a matter of practice, the Council needs a legal opinion before action is taken and action on the final approval delayed until they have received those findings. City Administrator Hedges said said that perhaps the action should be that the City Council directed the City Attorney to prepare the legal opinion and findings and then it could come back as a ratification. Mr. Hedges said that Staff would contact Mr. Kennedy to see if there were any objections the City should be aware of. Wachter moved, Pawlenty seconded a motion to approve the Comprehensive Guide Plan Amendment and Rezoning of Multifamily Residential Land Study Area A subject to the preparation of the findings of fact by the City Attorney. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT AREA Q/MULTIFAMILY RESIDENTIAL LAND STUDY Gustafson moved, Pawlenty seconded, a motion to approve the Comprehensive Guide Plan Amendment for Area Q of the Multifamily Residential Land Study subject to the preparation of the findings of fact by the City Attorney. Aye: 5 Nay: 0 ADMINISTRATIVE DRIVEWAY AGREEMENT/PARCEL 033-03 The City Administrator said that Staff had been working with this individual and they were anxious to proceed with construction. After brief discussion of the background of the item, Gustafson moved, McCrea seconded, a motion to approve the granting of a driveway agreement and authorize the issuance of a building permit for Mr. Brad Stricker subject to the following conditions: 1. That if the applicant wishes to further subdivide his property, platting will be required. 2. That the applicant will rezone the property to an R -1 (Single Family) District. Mayor Egan said, in his opinion, the item was too significant to be included with the Administrative Agenda and that he could not vote in favor of it. Aye: 3 Nay: 2 (Egan Pawlenty) UPGRADING OF CLIFF ROAD WEST OF I -35E Gustafson moved, McCrea seconded, a motion to approve a request by Dakota County for the rescheduling of the upgrade of Cliff Road, west of I -35E from a 1992 project to a 1991 project. Aye: 5 Nay: 0 00302 Page 18/EAGAN CITY COUNCIL MINUTES August 21, 1990 Heard. AUTHORIZATION/PURCHASE OF EIGHT 1991 SQUAD CARS McCrea moved, Gustafson seconded, a motion to approve the City's participation in the Hennepin County Joint Purchasing Agreement to commit to the 1991 purchase of eight (8) squad cars. Aye: 5 Nay: 0 VISITORS TO BE HEARD As indicated with the adoption of the agenda, two items were to be discussed under Visitors to be CARLSON LAKE PARK City Administrator Hedges said that Neil Raisanen had approached the City Council at their last meeting regarding the removal of a number of trees with the Carlson Lake park improvements. He said at that meeting, the Council had asked that no additional trees be removed. The City Council discussed the issue further at a work session on August 9 and at that time, Landscape Architect/Parks Planner Steve Sullivan provided background. Mr. Hedges said that an on -site meeting was held with a number of residents on August 20. Mayor Egan said that he is pro park development and wanted to see the park system developed as planned. But, he added, none of the 30+ parks that have been developed in the City to date has been so dramatic or created such intense emotions as this one has. The Mayor said some of the issues could have been handled more sensitively. He questioned, for instance, having a basketball court in a "bowl" area near the lake. In regard to the trail, Mayor Egan wondered if an 8' wide trail was the only safe width and was a 20' construction zone necessary. He said it was a neighborhood park and no one had requested that the park be developed so intensely and perhaps the issue should have been looked at more carefully. Mr. Neil Raisanen said he was submitting a petition from 111 persons. He said he was requesting the following four points: 1) Stop what's going on, 2) Cancel the trail, 3) Cancel the playground equipment and 4) spend money on reforestation. He asked that the park be returned to what it was. After additional discussion, Councilmember Gustafson asked what the budget was for this park. He said he would not be in favor of spending more than what was budgeted. The Councilmember said the Parks Department should be authorized to work with the neighbors and agree on a plan within the boundaries of budgetary constraints. Egan moved, Gustafson seconded, a motion to refer the development of Carlson Lake Park back to the Advisory Parks and Recreation Commission for the purposes of revising the plans for development to a passive nature, to authorize the preparation of the appropriate change orders and to stay any further construction on the park. Director of Parks and Recreation Vraa said the contractor has other work with the City and has been shifted to other parks. Staff is attempting not to incur any damages but a change order will have to be negotiated. Mr. Vraa said they are hopeful that with the elimination of some of the equipment there will be a cost savings but other costs may be incurred. Aye: 5 Nay: 0 00303 Page 19/EAGAN CITY COUNCIL MINUTES August 21, 1990 HELEN TILLERY PROPERTY/DRAINAGE CONCERNS Ms. Helen Tillery, who was also present at the August 7 meeting, said that her property was experiencing drainage problems because, in her builder's opinion, the path that runs along the side of her property was constructed too high. She said this had caused run off problems as the water was then diverted onto her property washing out landscaping in that portion of her yard. Director of Public Works Colbert said two plans were submitted with the plat for the Hills of Stonebridge. One was the Development Plan which shows the backyard drainage being directed to a common lot line out to Northview Park Road. However, the Grading and Drainage Plan submitted by the development did not provide for grades that would have allowed the construction of this common drainage swale along the back lot line. In the development agreement for the Hills of Stonebridge, the developer was responsible for grading the public right of way that would incorporate the streets, utilities and trail. He said Staffs contention is, that if the trailway is 10" too high, it was constructed to that higher elevation by the developer who did all the grading in the area. The City placed a trailway on top of grades that were provided by the developer. The trail was constructed in 1989, the home to the north was not occupied until August 1989, and at that point the existing elevation was shown as higher than what the proposed elevation was to be. Mr. Colbert added that once the trailway was constructed, it did not preclude the property owners or the developer from matching the grade that was originally provided to the City in the final detailed landscaping and drainage of each lot. After continuing the discussion, the Director of Public Works said with minor modifications, he was of the opinion the drainage problems could be easily corrected. He said that a change in the grading of the berm in the backyard area would take the water over the path and out into the street as originally intended. City Attorney Sheldon said that this issue was similar to that which prompted his memo on surface water drainage. Mr. Sheldon said the City has an obligation to deal with the overall drainage plans but the homeowner has to deal with their own drainage pattern. He said it was similar to individual builder/lot owner problems. Gustafson moved, Pawlenty seconded, a motion to direct the builder /developer to take corrective action at their expense as to the berm and lowering of the pathway if necessary and that this action be taken in accordance with City standards. Aye: 5 Nay: 0 RESOLUTION/MINNESOTA PUBLIC RADIO Councilmember Gustafson said that the Minnesota Public Radio was pursuing a second site for the location of their radio towers. He said they had requested that the City Council approve a resolution endorsing this second site. Councilmember Gustafson said in its present form, he did not believe the resolution was what Council wished to say. After further discussion, the City Council determined that it would be inappropriate to take any action on the resolution prior to the public hearing pending before the Advisory Planning Commission. CHECKLIST Wachter moved, Egan seconded a motion to approve the checklist for August 21, 1990, in the amount of $686,428.26. Aye: 5 Nay: 0 00304 Page 20/EAGAN CITY COUNCIL MINUTES August 21, 1990 ADJOURNMENT The meeting was adjourned at 12:30 a.m. on August 22, 1990. EAG E. anOverbeke, City Clerk 00305 KF EXHIBIT A FEASIBILITY 00306 COST ESTIMATE: A detailed cost estimate is presented in Appendix A located at the back of this report. A summary of the recommended improvements are listed below: A.) Overland Drainage Swale -Vest side Braddock Trail 17,470 B.) Street Reconstruction 30,660 C.) Retention Basin Overland Swale from Vermont 38,290 D.) New York Vermont Additional catch basins 11,650 E.) Ravine Junction MH to Shortline /Pennsylvania 28,680 F.) Shortline /Pennsylvania to Low Point Northviev Park Road 123,700 G.) Low Point in Northviev Park Road to Pond JP -21 217,940 H.) Eroded areas outside construction limits 5.260 TOTAL $473,650 The total estimated project cost includes contingencies and all related overhead. Overhead costs are estimated at 302 and incude legal, engineering, administration, and bond interest. ALTERNATE IMPROVEMENTS The previously recommended improvements will improve the storm water drainage system to about the level of performance that we believe is consistent with good storm drainage management practices and to the standard expected by the residents. Therefore, the recommendations are 'feasible from an engineering standpoint.' However, the cost of the improvements ($473,650) stretches economic feasiblity. In any engineering design there is a need to balance: RPT49511 Page 7. Page 16/EAGAN CITY COUNCIL MINUTES August 21, 1990 0 301 Wachter moved, Egan seconded, a motion to deny a variance for a cul de sac in excess of 500 feet to revise the preliminary plat for Hills of Stonebridge 3rd Addition. Mayor Egan said the issue of JP -27 would have to be resolved before the final plat is approved, however, it was not the issue before the Council. Aye: 5 Nay. 0 PRELIMINARY PLAT /CONDITIONAL USE PERMIT FINASERVE INC. ADDITION Mayor Egan introduced the item and the CityAdministrator said that the Advisory Planning Commission had recommended approval. Director of Community Development Runkle said that in reviewing the building permit for improvements to the property, it was learned that the property had not been platted. Mr. Runkle said that because of the improvements, platting is required. A conditional use permit is also needed for the existing pylon sign, and the use as a motor fuel station in a general business district. Mr. Runkle added that since the Advisory Planning Commission meeting, the issue of two pylon signs had been resolved. Mr. Don Morrow, representing the applicant, stated that improvements would enhance the corner and better serve their customers. Mr. Morrow said they were in agreement with staff recommendations and the Advisory Planning Commission's main issue was the pylon sign. He said Fina had agreed to eliminate one of the pylon signs and maintain the existing pylon sign. Mr. Morrow said he was not aware of the platting requirements and that had set their construction schedule back. He said they were anticipating problems with the final plat because of the survey discrepancy which will have to be approved by the County. Because it will delay their construction, they are requesting that a building permit be issued in addition to a certificate of occupancy. Mr. Sheldon said a letter had been received from Mr. Morrow regarding the torrens certificate to correct the legal description. Mr. Sheldon said there would be no problem with the building permit but the issue of the certificate of occupancy should wait until they are ready to occupy and the City has an idea of where they are in terms of their development and their proceedings subsequent to certificate and correction of the title. Gustafson moved, Wachter seconded, a motion to approve a preliminary plat for the Fmaserve, Inc., Addition /Fina Oil Chemical Company consisting of approximately 1.7 acres for a motor fuel station subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987, shall be complied with: Al, B1, B2 ,B3,B4, CI, C2,C4,D1, El, F1 and Hl. 2. No outdoor sales, storage, or displays shall be allowed. 3. Trash and recycling enclosure shall be of adequate size to accommodate trash dumpter and recycling container. 4. Roof top mechanical equipment shall not be visible. 5. The applicant shall provide irrigation system for all sodded areas. 6. The locust trees shall be changed to summit ash on the landscaping plan. 7. Also plantings in MnDOT right -of -way shall require MnDOT approval. 8. The gasoline tank stand pipes shall be attached to the building. 9. The development is required to limit the site generated storm water run -off to the five -year storm event. 10. All site generated storm water run -off is required to be ponded prior to discharge into the existing storm drainage system. Page 17/EAGAN CITY COUNCIL MINUTES August 21, 1990 Aye: 5 Nay. 0 COMPREHENSIVE GUIDE PLAN AMENDMENT /REZONING AREA A /MULTIFAMILY RESIDENTIAL LAND STUDY 00302 11. Review and approval by MnDOT is required prior to final plat approvaL 12. The development is required to provide a nutrient treatment basin for storm water run -off in accordance with the criteria identified in the City's Water Quality Management Plan. Gustafson moved, Egan seconded, a motion to approve a conditional use permit for a pylon sign and motor fuel sales located at the intersection of Highways 149 and 55 in the northwest quarter of Section 12. Aye: 5 Nay 0 After introduction by Mayor Egan, the City Administrator said this was one of the parcels being examined throughout the City as a part of the Multifamily Residential Land Study. Mayor Egan asked if anyone, including the property owner, was in attendance to address the issue and no one was. The Mayor said it was his understanding that the owners, the Kennedy's, were in agreement with the proposed changes. Wachter moved, Gustafson seconded, a motion to approve the Comprehensive Guide Plan Amendment and Rezoning of Multifamily Residential Land Study Area A subject to the preparation of the findings of fact by the City Attorney. Councilmember Pawlenty said he was concerned that some legal issues were flagged for this parcel, and questioned whether the Council should proceed without a more definitive legal opinion from the City Attorney. City Attorney said they had been of the opinion that they not prepare findings until the Council has had the ultimate presentation on the matter and whatever information comes out of that would be the direct findings. Councilmember Pawlenty said as a matter of practice, the Council needs a legal opinion before action is taken and action on the final approval delayed until they have received those findings City Administrator Hedges said said that perhaps the action should be that the City Council directed the City Attorney to prepare the legal opinion and findings and then it could come back as a ratification. Mr. Hedges said that Staff would contact Mr. Kennedy to see if there were any objections the City should be aware of. Wachter moved, Pawlenty seconded a motion to approve the Comprehensive Guide Plan Amendment and Rezoning of Multifamily Residential Land Study Area A subject to the preparation of the findings of fact by the City Attorney. Aye: 5 Nay 0 COMPREHENSIVE GUIDE PLAN AMENDMENT AREA Q/MULTIFAMILY RESIDENTIAL LAND STUDY Gustafson moved, Pawlenty seconded, a motion to approve the Comprehensive Guide Plan Amendment for Area Q of the Multifamily Residential Land Study subject to the preparation of the findings of fact by the City Attorney. Aye: 5 Nay 0 INISTRATIVE A DRIVEWAY AGREEMENT /PARCEL 033-03 The City Administrator said that Staff had been working with this individual and they were anxious to proceed with construction. Page 18/EAGAN CITY COUNCIL MINUTES August 21, 1990 Ou i1 After brief discussion of the background of the item, Gustafson moved, McCrea seconded, a motion to approve the granting of a driveway agreement and authorize the issuance of a building permit for Mr. Brad Stricker subject to the following conditions: 1. That if the applicant wishes to further subdivide his property, platting will be required. 2. That the applicant will rezone the property to an R -1 (Single Family) District. Mayor Egan said, in his opinion, the item was too significant to be included with the Administrative Agenda and that he could not vote in favor of it. Aye: 3 Nay: 2 (Egan Pawlenty) R 90.61 Gustafson moved, McCrea seconded, a motion to approve a request by Dakota County for the rescheduling of the upgrade of Cliff Road, west of I -35E from a 1992 project to a 1991 project. Aye: 5 Nay. 0 McCrea moved, Gustafson seconded, a motion to approve the City's participation in the Hennepin County Joint Purchasing Agreement to commit to the 1991 purchase of eight (8) squad cars. Aye: 5 Nay: 0 Heard. UPGRADING OF CLIFF ROAD WEST OF I -35E AUTHORIZATION /PURCHASE OF EIGHT 1991 SQUAD CARS VISITORS TO BE HEARD As indicated with the adoption of the agenda, two items were to be discussed under Visitors to be CARLSON LAKE PARR City Administrator Hedges said that Neil Raisanen had approached the City Council at their last meeting regarding the removal of a number of trees with the Carlson Lake park improvements. He said at that meeting, the Council had asked that no additional trees be removed. The City Council discussed the issue further at a work session on August 9 and at that time, Landscape Architect/Parks Planner Steve Sullivan provided background. Mr. Hedges said that an on -site meeting was held with a number of residents on August 20. Mayor Egan said that he is pro park development and wanted to see the park system developed as planned. But, he added, none of the 30+ parks that have been developed in the City to date has been so dramatic or created such intense emotions as this one has. The Mayor said some of the issues could have been handled more sensitively. He questioned, for instance, having a basketball court in a "bowl" area near the lake. In regard to the trail, Mayor Egan wondered if an 8' wide trail was the only safe width and was a 20' construction zone necessary. He said it was a neighborhood park and no one had requested that the park be developed so intensely and perhaps the issue should have been looked at more carefully. Mr. Neil Raisanen said he was submitting a petition from 111 persons. He said he was requesting the following four points: 1) Stop what's going on, 2) Cancel the trail, 3) Cancel the playground equipment and 4) spend money on reforestation. He asked that the park be returned to what it was. After additional discussion, Councilmember Gustafson asked what the budget was for this park. He said he would not be in favor of spending more than what was budgeted. The Councilmember said the Parks Department should be authorized to work with the neighbors and agree on a plan within the boundaries of budgetary constraints. Page 19/EAGAN CITY COUNCIL MINUTES August 21, 1990 Egan moved, Gustafson seconded, a motion to refer the development of Carlson Lake Park back to the Advisory Parks and Recreation Commission for the purposes of revising the plans for development to a passive nature, to authorize the preparation of the appropriate change orders and to stay any further construction on the park. Director of Parks and Recreation Vraa said the contractor has other work with the City and has been shifted to other parks. Staff is attempting not to incur any damages but a change order will have to be negotiated. Mr. Vraa said they are hopeful that with the elimination of some of the equipment there will be a cost savings but other costs may be incurred. Aye: 5 Nay: 0 HELEN TILLERY PROPERTY /DRAINAGE CONCERNS Ms. Helen Tillery, who was also present at the August 7 meeting, said that her property was experiencing drainage problems because, in her builder's opinion, the path that runs along the side of her property was constructed too high. She said this had caused run off problems as the water was then diverted onto her property washing out landscaping in that portion of her yard. Director of Public Works Colbert said two plans were submitted with the plat for the Hills of Stonebridge. One was the Development Plan which shows the backyard drainage being directed to a common lot line out to Northview Park Road. However, the Grading and Drainage Plan submitted by the development did not provide for grades that would have allowed the construction of this common drainage Swale along the back lot line. In the development agreement for the Hills of Stonebridge, the developer was responsible for grading the public right of way that would incorporate the streets, utilities and trail. He said Staff's contention is, that if the trailway is 10" too high, it was constructed to that higher elevation by the developer who did all the grading in the area. The City placed a trailway on top of grades that were provided by the developer. The trail was constructed in 1989, the home to the north was not occupied until August 1989, and at that point the existing elevation was shown as higher than what the proposed elevation was to be. Mr. Colbert added that once the trailway was constructed, it did not prelude the property owners or the developer from matching the grade that was originally provided to the City in the final detailed landscaping and drainage of each lot. After continuing the discussion, the Director of Public Works said with minor modifications, he was of the opinion the drainage problems could be easily corrected. He said that a change in the grading of the berm in the backyard area would take the water over the path and out into the street as originally intended. City Attorney Sheldon said that this issue was similar to that which prompted his memo on surface water drainage. Mr. Sheldon said the City has an obligation to deal with the overall drainage plans but the homeowner has to deal with their own drainage pattern. He said it was similar to individual builder/lot owner problems. Gustafson moved, Pawlenty seconded, a motion to direct the builder /developer to take corrective action at their expense as to the berm and lowering of the pathway if necessary and that this action be taken in accordance with City standards. Aye: 5 Nay: 0 RESOLUTION /MINNESOTA PUBLIC RADIO Councilmember Gustafson said that the Minnesota Public Radio was pursuing a second site for the location of their radio towers. He said they had requested that the City Council approve a resolution endorsing Page 20/EAGAN CITY COUNCIL MINUTES August 21, 1990 this second site. Councilmember Gustafson said in its present form, he did not believe the resolution was what Council wished to say. After further discussion, the City Council determined that it would be inappropriate to take any action on the resolution prior to the public hearing pending before the Advisory Planning Commission. CHECKLIST Wachter moved, Egan seconded a motion to approve the checklist for August 21, 1990, in the amount of $686,428.26. Aye: 5 Nay: 0 ADJOURNMENT The meeting was adjourned at 12:30 a.m. on August 22, 1990. CITY OF EAGAN Overbeke, City Clerk KF