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09/18/1990 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA September 18 1990 City Administrator Hedges recommended the following changes to the agenda: Wachter moved, McCrea seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 00324 A regular meeting of the Eagan City Council was held on Tuesday, September 18, 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. Item L, Consent Agenda, Contract 90-14, Receive Plans /Authorize Advertisement for Bids (Stafford Place Drainage Improvements) remove from Consent Agenda for discussion. Item U, Consent Agenda, Final Plat, Galaxie Cliff Plaza 2nd Addition, request to continue to October 2, 1990, regular City Council meeting. Item V, Public Hearings, Project 546, Final Assessment Hearing (Cedarvale Boulevard Streets), request to continue to October 2, 1990 regular City Council meeting. Item A, Old Business, Contract 90-10, Receive Bids /Award Contract (Galaxie Cliff Plaza 2nd Streets Utilities), after a brief discussion about the road access issue, this item is intended to be continued to the October 2, 1990 regular City Council meeting. Item E, Old Business, Carlson Lake Park Improvements, request to continue to the October 2, 1990 regular City Council meeting. M WPM Pawlenty moved, Gustafson seconded a motion to approve the minutes for the September 4, 1990, regular City Council meeting with the following exceptions: Page 1, Department Head Business, Public Works /Contract 90-10: the motion should be changed to read, "Gustafson moved, Wachter seconded a motion to receive the bids for Contract 90-10 (Galaxie Cliff Plaza 2nd Addition Streets Utilities) and continue the contract award to the September 18, 1990 regular City Council meeting." Aye: 5 Nay: 0 Page 6, Environmental Cities Coalition, third paragraph, the date September 29 should be changed to September 20. Page 14, Woodlands North Addition, before the motion to approve the preliminary plat, insert the following paragraph: "Before making a motion to approve the preliminary plat, Councilmember Gustafson said his motion was subject to an additional condition regarding the width of Street A and that the reduced street width was recommended for the following reasons: 1) because of the circular road configuration, a case could be made that half of all vehicle traffic would go one way and half the other, 2) because these are townhomes, they statistically average 6 or 7 vehicle trips per day versus 10 in single family, and 3) because of a five year PAGE 2/EAGAN CITY COUNCIL MINUTES September 18, 1990 observable history for a similar development in Eagan substantiating the lower occupancy and fewer trip generations." Aye: 5 Nay: 0 WARTmENT mums BEVERLY MILLER INTRODUCTION City Administrator Hedges introduced the new Executor Director for the Minnesota Valley Transit Authority, Beverly Miller. Ms. Miller said that she had her first meeting with the MVTA Board on Wednesday, September 12. She said service is intended to begin January 1, 1991, with MVTA becoming the third largest system in Minnesota, behind Minneapolis and Duluth. She said it is part of their plan to provide service between cities, midday service and an expanded level of express service. Councilmember McCrea asked Ms. Miller how they intended to do a needs assessment and whether it would be by survey or by asking certain groups. Ms. Miller said they would first look at the service that was provided, where it falls short, what additional services are needed, and if service was available, would it meet the residents' needs. The Mayor said the Board was looking forward to studying those prospects and said they are fortunate to have Ms. Miller, an Eagan resident, as the Executive Director. PUBLIC WORKS COMMITTEE RECOMMENDATION/GIBRALTAR TRAIL After introduction by Mayor Egan, the City Administrator said the Public Works Committee, consisting of City Councilmembers Gustafson and Wachter, along with City staff and representatives from the consulting engineering firm of Bonestroo, Rosene, Anderlik and Associates (BRAA) met with Mr. Mrs John Screeden and their neighbors, Mr. Mrs. Jim Adams, on September 7 to review overland drainage problems on Gibraltar Trail. He said it was the recommendation of the Public Works Committee that the City Council authorize BRAA to do an additional study regarding the diversion of storm water to the southwest toward Patrick Egan Park. Councilmember Gustafson said that in their meeting they recommended the engineering firm look at all possible alternatives. Among items considered but not acted on were buying the homes and the addition of retention ponds. Mayor Egan noted that the recommendation is for a study and not necessarily adoption of the study. Councilmember Pawlenty said it would be helpful if staff would provide a chronology regarding the past history of improvements in this area. Wachter moved, Gustafson seconded a motion to accept the recommendation of the Public Works Committee and authorize the firm of Bonestroo, Rosene, Anderlik Associates to perform an additional study to consider storm water improvements to minimize the impact of overland drainage to properties on Gibraltar Trail. Aye: 5 Nay: 0 T 7EDA Before taking action on the Consent Agenda, Councilmember Wachter asked about Item I and whether the funding for the Law Enforcement Television Network was a budgeted item. City Administrator PAGE 3/EAGAN CITY COUNCIL MINUTES September 18, 1990 Hedges said that it wasn't, but it was their intent to use retained franchise fees for this funding. He said this was the practice in the Cities of Burnsville and Apple Valley. Mr. Hedges said the use of retained franchise fees versus the general fund would be a future public policy issue. Councilmember Wachter asked whether Law Enforcement Television Network costs would ever become a general fund expenditure. City Administrator Hedges said only if the Council decided not to use retained franchise fees. Councilmember McCrea then questioned Item J, Change Order #1, Improvement Contract 89 -17, Northview Parking Lot Improvement. Councilmember McCrea said that this appeared to be an after the fact request for authorization. She said it appeared that the work had already been authorized and approved by staff. Director of Parks and Recreation Ken Vraa said soil borings were taken in the area in 1987 prior to the start of construction. He said these soil borings were taken with the thought it would give a greater indication of what type of soils contractors would run into. Mr. Vraa said even with the installation of utilities, no poor soil was encountered. It wasn't until construction began on the curb work and the parking area that poor soils were discovered. He said staff asked the contractor to remove what had been done to do further testing. The high costs were incurred when the amount of poor soil turned out to be much greater than anticipated. The Director of Parks and Recreation said had they left this substandard, it would have resulted in damage to the curb and/or parking lot in the future. He apologized for the change order but said it would have been difficult to anticipate. Councilmember McCrea said she appreciated the explanation, however, did not feel it addressed the question. She said her concerns were regarding the authorization to spend S55,000 without notifying the City Council. She said she had concerns about what could be approved administratively and what should be brought to the Council. She asked why this could not have received prior approval from the Council. City Administrator Hedges said with the amount of construction that has occurred in the City, there were bound to be change orders and many were processed during this heavy construction period. During that time he said, the City Council entrusted staff and the consultants to make these decisions and business was conducted with that understanding. The City Administrator asked the Council if they wished to change this policy and whether a new public policy should be developed setting a maximum percentage or dollar amount that could be approved administratively by staff. Mr. Hedges said one concern he had was in regard to those change orders that occur right after a City Council meeting. Staff receives pressure to keep projects moving. In addition, costs could be incurred if construction is held up for an additional two weeks to bring the matter before the Council. Councilmember McCrea asked if the amount of the change order was in the budget. She said the money had to come from somewhere and if additional costs are incurred in one park, perhaps the money should be taken from another. The Councilmember said perhaps she was the only one with a concern about the change orders. Mayor Egan said he agreed and thought it was appropriate to spend some time at a workshop discussing a new public policy. Councilmember Gustafson said he also questioned this change order but more regarding the amount than the policy. He said he thought the system worked well and this was handled well; however, he did question the dollar amount. A. Personnel Items 1. It was recommended that the hiring of Rich Brasch as Water Resources Coordinator be approved subject to successful completion of the City's physical examination requirement. PAGE 4/EAGAN CITY COUNCIL MINUTES September 18, 1990 B. Plumbers Licenses C. Proclamation, Constitution Week, September 17 -23, 1990 D. Declare Excess Propertv/Fire Department R 90.70 2. It was recommended that the hiring of Andrew Halverson, Melinda Kaltenhauser, Christopher Kottke, Timothy Spencer and Dave Wills as Seasonal Parks Maintenance Workers be ratified. It was recommended that Plumbers Licenses for: 1) A J Plumbing, 2) B J M Plumbing Heating, and 3) Bredahl Plumbing, Inc., be approved. It was recommended that the Proclamation concerning Constitution Week, September 17 -23, 1990, be approved. It was recommended that certain Fire Department property be declared surplus and their appropriate disposition authorized. E. 1990 Comprehensive Storm Water Management Plan It was recommended that the 1990 Comprehensive Storm Water Management Plan be approved. F. Project 590, Approve Plans Design/Construction/Cost Participation Agreement with Dakota County (Pilot Knob Road Rebecca Lane to Apple Valley It was recommended that the plans and design /construction/cost participation agreement with Dakota County for Project 590 (Pilot Knob Road Rebecca Lane to Apple Valley) be approved and the Mayor and City Clerk authorized to execute all related documents. G. Project 590, Resolution Restricting On- Street Parking (Pilot Knob Road Rebecca Lane to R 90.71 Apple Valley Corporate Limits It was recommended that a resolution restricting on- street parking (Pilot Knob Road Rebecca Lane to Apple Valley corporate limits) be approved and the Mayor and City Clerk authorized to execute all related documents. H. Contract 90-12, Receive Plans /Authorize Advertisement for Bids Elrene Trails End Road Streets Utilities) It was recommended that the plans for Contract 90-12 (Elrene Trails End Road Streets Utilities) be received and that advertisement be authorized for a bid opening to be held at 10:00 a.m., Friday, October 12, 1990. I. Request for Funding from Cable Retained Franchise Fees/Law Enforcement Television Network It was recommended that the request for funding of the Law Enforcement Television Network from the City's retained cable franchise fees be approved. PAGE 5/EAGAN CITY COUNCIL MINUTES September 18, 1990 J. Change Order #1, Improvement Contract 89 -17, Northview Parking Lot Improvement K. Extension, Preliminary Plat Approval for Thomas G. Slater r. r It was recommended that Change Order #1 for Improvement Contract 89 -17, Northview Park parking lot improvements be approved. It was recommended that the request for an extension of preliminary plat for Thomas G. Slater be approved. L. Contract 90-14, Received Plans /Authorize Advertisement for Bids (Stafford Place Drainage Improvements It was recommended that Contract 90-14 (Stafford Place Drainage Improvements) be removed from the Consent Agenda and discussed later on the agenda. M. Contract 90-16, Receive Plans /Authorize Advertisement for Bids (Woodlands North Streets Utilities) It was recommended that the plans for Contract 90-16 (Woodlands North Streets Utilities) be approved and the advertisement for a bid opening to be held at 11:00 a.m. on Friday, October 12, 1990. N. Contract 88-14, Acknowledge Completion/Authorize Final Payment (Briar Oaks Trunk Utilities) It was recommended that completion be acknowledged and the fifth and final payment for Contract 88 -14 (Briar Oaks Trunk Utilities) be approved in the amount of $6,850 to Fredrickson Excavation Company. 0. Contract 88 -ZZ, Acknowledge Completion/Accept for City Maintenance Responsibilities Blackhawk Ridge 2nd Addition Streets Utilities) It was recommended that completion of Contract 88-ZZ, Blackhawk Ridge 2nd Addition Streets Utilities, be acknowledged and responsibility for the perpetual maintenance be accepted by the City subject to the appropriate warranty provisions identified in the development agreement for the project. P. Contract 88 -00, Acknowledge Completion/Accept for City Maintenance Responsibilities (Stoney Pointe 2nd Addition Streets Utilities) It was recommended that completion of Contract 88-00, Stoney Pointe 2nd Addition Streets Utilities, be acknowledged and responsibility for the perpetual maintenance be accepted by the City subject to the appropriate warranty provisions identified in the development agreement for the project. Q. Application, 1991 Dakota County Solid Waste Abatement Funding It was recommended that the City's application for the 1991 Dakota County Solid Waste Abatement Funding Program be approved. R. Final Plat, Thomas P. Slater R 90.72 It was recommended that the final plat for Thomas P. Slater be approved. PAGE 6/EAGAN CITY COUNCIL MINUTES September 18, 1990 S. Final Plat. Park Center R 90.73 It was recommended that the final plat for Park Center be approved. T. Final Plat, Hills of Stonebridee 3rd R 90.74 It was recommended that the final plat for Hills of Stonebridge 3rd be approved. U. Final Plat, Galaxie Cliff Plaza 2nd Addition It was recommended that the final plat for Galaxie Cliff Plaza 2nd Addition be continued to the October 2, 1990, regular City Council meeting. V. Amendment to Streetlightine/Landscaping Agreement (Lone Oak Addition The Waters) It was recommended that the streetlighting/landscaping agreement amendment for The Waters development within the Lone Oak Addition be approved and the Mayor and City Clerk authorized to execute all related documents. Gustafson moved, Wachter seconded a motion to approve the Consent Agenda with the exceptions noted in the approval of the agenda. Aye: 5 Nay: 0 (Pawlenty taking exception to Item S, Final Plat, Park Center. He said in the interest of consistency, he had voted against the Park Center preliminary plat when he served on the Advisory Planning Commission). SOUTH METRO DRUG TASK FORCE/CHIEF OF POLICE GEAGAN Chief of Police Geagan took this opportunity to make a brief presentation on the importance of having joined the South Metro Drug Task Force. The Chief gave the Council an update on recent activities involving this group in their investigation of cocaine trafficking within the metro area. Chief Geagan said the State had recommended that the task force be funded for 1991. CONTRACT 90- 14/STAFFORD PLACE DRAINAGE IMPROVEMENTS Director of Public Works Colbert gave an update on Stafford Place. He said during the design phase of the detail plans and specifications, Staff and the consulting engineers found what they considered to be a better alternative. Mr. Colbert said that these changes would result in slightly increased costs. He said that when improvements to the low point in Northview Park Road were deleted from this project, it was intended that a certain amount of overland drainage would have to be accommodated. The Director of Public Works said they had tried to work out a grading plan that would satisfactorily mitigate the excessive overland drainage to one particular lot north of Northview Park Road on Trotters Ridge but were unable to do so. The soccer fields at Eagan High School would also be more severely affected than the school district said they could live with. Director of Public Works Colbert said it was determined to separate the major drainage area and direct a portion of the overland drainage to a ponding area north of Northview Park Road. In addition, since part of the original proposal will not be used in the revised plan, the increased costs with this alternate would only increase the original estimate by S15,000 for a total of S147,000. Mr. Colbert said he has reviewed the changes with School District #196, the property owner and the developer and all concur with the changes. PAGE 7/EAGAN CITY COUNCIL MINUTES September 18, 1990 Mayor Egan asked if the City could expect any payment from the School District. Director of Public Works Colbert said they will make an attempt but he is not confident. Mr. John Glynn said with the construction going out for bids, Frontier has refused to do what they agreed to do as to sod and dealing with the erosion damage. Mr. Glynn said Frontier does not want to do anything until the improvements have been installed. Mr. Glynn said the residents are concerned that nothing will be done before winter. Mr. Colbert said he would be meeting with Scott Oaks and Scott Tiegen of Frontier and he would do what he could to encourage the sodding and erosion damage corrections. Wachter moved, Pawlenty seconded, a motion to receive the plans for Contract 90-14, Stafford Place Drainage Improvements, and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Friday, October 12, 1990. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING/LEXINGTON WAY After brief introductory remarks by the Mayor and City Administrator, the Director of Public Works explained the project. He said that the final costs were less than those originally estimated. Mr. David Vogt, 4115 Lexington Way, said he objected to the assessment because it was based on front footage. He asked how the City had arrived at the amount of assessments. Mr. Colbert said that each property assessed had to benefit at least by the value of the amount of the assessment and that all project assessments had to be spread in a like manner. Mr. Vogt said he did not feel he had received any benefit. He said he had not received utilities and had only received replacement for a street that was already there. Mayor Egan said that Mr. Vogt's objection would be duly noted. McCrea moved, Pawlenty seconded a motion to close the public hearing and approve the final assessment roll for Project 572 (Lexington Way Streets Water Main) noting all objections, to authorize an appraisal of Parcel #10- 02200 011 -76 (David Vogt), to postpone a portion of the assessments to Parcel #10-02200-010-77 (Joseph Krisnik) per Policy 86 -3, and to authorize its certification to Dakota County. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING/HILLS OF STONEBRIDGE 2ND ADDITION After introduction by Mayor Egan and brief background provided by City Administrator Hedges, the Director of Public Work briefly explained this project. He said that two written objections had been received from John Ayotte and Don Buehler. Mr. Jim Meyer, 011 -59, said since he was not hooking up to the utilities, he objected to paying the hook up fee. Mayor Egan asked the Director of Public Works if it wasn't normal practice to charge only at the time of hook -up. The Director of Public Works said that hook -up charges are assessed when the improvement goes in since that is when the cost is incurred by the City. Mr. Meyer asked if he had to hook up to the utilities and the Director of Public Works said he would not be required to hook up, however, the payment would still be due. Mr. John Ayotte then questioned the amount of assessments on his property versus the property to his west. He questioned why his assessment was so much higher. Director of Public Works Colbert said that the other parcel had received a large lot credit in addition to a certain amount of ponding credit. Mr. PAGE 8/EAGAN CITY COUNCIL MINUTES September 18, 1990 Colbert said that after deducting the credits, it left Mr. Ayotte with approximately five acres of assessable area and his neighbor with approximately one acre. Wachter moved, McCrea seconded a motion to close the public hearing and approve the final assessment roll for Project 581 (Hills of Stonebridge 2nd Addition Storm Sewer and Water Main) and authorize its certification to Dakota County. Councilmember Gustafson said that perhaps it was time to find alternative ways of funding these projects. He said some of the assessments against private property had begun to stretch the benefit. Councilmember Gustafson said perhaps these costs could be spread over the entire population. City Councilmember Wachter said he was on the City Council when the policy that is in effect now was adopted. He said it was felt that everyone should pay their fair share. He did not feel it would be fair to those who had already paid to have to help pay those that are due now. Councilmember Gustafson said he did not object to the policy but was concerned that if an objection prevailed that the City would have to pay. Mayor Egan said each project had a feasibility report and that report determined whether the project is financially feasible and could support the assessments. He said it is at the time of the feasibility report that Council should look at whether it is financially feasible to assess. Councilmember Pawlenty then asked City Attorney Sheldon if the City was obligated forever to show continuing benefits. City Attorney Sheldon said the City was obligated now to show the increased market value; however, the specific time to challenge the amount of the assessments had a limited time frame. The property owner is obligated to serve written notice at the public hearing with the reasons for the objection and then, within thirty days, commence a lawsuit in District Court. In addition, if the property owner loses this appeal, he is required to pay the costs incurred by the City to defend it in the lawsuit. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING/DANIEL DRIVE Wachter moved, McCrea seconded a motion to close the public hearing and approve the final assessment roll for Project 508 (Daniel Drive Streets and Utilities) and authorize its certification to Dakota County. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING /CEDARVALE BOULEVARD McCrea moved, Gustafson seconded a motion to continue indefinitely the public hearing and final assessment roll for Project 546 (Cedarvale Boulevard Street Improvements). Aye: 5 Nay: 0 PROJECT 596R/WOODLANDS NORTH ADDITION After brief introduction by Mayor Egan and City Administrator Hedges, the Director of Public Works said that this project was in response to a petition received from the developer of the Woodlands North Addition. Mr. Colbert said they were recommending that the proposed assessment roll in the feasibility report be revised. These revisions related to reclassifying some lateral storm sewer as trunk storm sewer. He said all property owners have been noticed and written objections had been received from Parcels 011-02 and 014-02. The public hearing was then opened for public comment. Jeanna Hoveland, representing Parcel 011 -02, said she objected to the amount of assessments in regard to the benefits received. She said her property had received no benefit from the improvement and because their home is 400 feet from the street, J 3 U ,a PAGE 9/EAGAN CITY COUNCIL MINUTES September 18, 1990 it would be impractical to hook up to the utilities. She said they had filed a letter objecting to the assessment. Ms. Hoveland also added that they have not been receiving notices of any of the meetings regarding the revised plat. The Hovelands said the developer should bear the entire burden of the improvements as he had requested them to begin with. Mayor Egan asked the Director of Public Works if a portion of the assessed properties could be split off and allowed to pay over a longer period of time. Director of Public Works Colbert said he couldn't speak for certain, but could recommend that the assessments be spread over fifteen years, if possible, for existing homeowners. City Administrator Hedges expressed concern that the Hovelands had not received notice of previous public meetings. He asked if they had received the original public hearing notice for the preliminary plat and they said they had. Mr. Hedges said it was up to the homeowners once the original public hearing was held to track the progress of the development through the newspapers. In response to Mr. Hoveland's request that Mr. Engstrom, the developer of the Woodlands North Addition, be required to pay all the assessments, the Mayor said the developer could only be assessed his share of the assessments. The Mayor added that with these improvements, the property owners are considered to have the same opportunity to develop their property to the same extent as the developer. He said he felt sympathy for large lot owners who suddenly found development on their doorsteps. Ms. Hoveland said she felt the pressure to take similar action to develop their property because of these costs. McCrea moved, Gustafson seconded a motion to note objections, close the public hearing and approve Project 596R Woodlands North Addition Streets Utilities, with the revision to the pending assessment roll and a longer repayment period of 15 years to be investigated for Parcels 011 -02 and 014- 02 of Wescott Garden lots. Aye: 5 Nay: 0 G D „„„„„::BUSINBSS RECEIVE BIDS/AWARD CONTRACT (GALAXIE CLIFF PLAZA 2ND ADDITION) After introduction by Mayor Egan, the City Administrator said that because the final plat had been continued to October 2, it would preclude any formal action on Contract 90-10. However, he said it is staff's intention to discuss the access issue to Fire Station #5. Mr. Hedges said that an informational meeting had been held with the neighbors and who are affected by the design or redesign of the road. Councilmember Wachter said that he had expressed his opinion before. He said he was not at the neighborhood meeting, but had spoken to Fire Department members and they would like to see the road access remain as it is. Councilmember Wachter said he felt this was the safest and cheapest alternative. It was his recommendation that a modified Alternate B without connection to Plaza Drive be adopted. In answer to a question by the City Council, Mr. Bill Soules said it was not up to him to dictate the amount of property the City needed for this use. He said if a driveway were constructed across Outlot D, it was likely to use the entire parcel. Councilmember Pawlenty said as a general observation, it sounded as if everyone, including the neighbors preferred Alternate B. The Councilmember said he would prefer the existing layout without access to Plaza Drive. PAGE 10/EAGAN CITY COUNCIL MINUTES September 18, 1990 Councilmember McCrea said it was her understanding at the last Qty Council meeting that staff was to be encouraged not to put dollars on the line but to trade contemplated assessments, parkland dedication fees, etc. Fire Chief Ken Southom then said that the Fire Department preferred that access to Fire Station #5 remain as is. He said it was functional and workable and they had had no problems. He said the Fire Station was originally placed on the lot to accommodate the driveway as it is. Chief Southom said it was his understanding that Alternate C was preferred by the neighbors, however, it would require more real estate. He said both Alternate B and C were functional, but Alternate C would require that emergency vehicles navigate two intersections: the one at Plaza Drive and then at Galaxie Drive. He said while both alternatives could work, the Fire Department preferred the present configuration. Mayor Egan then asked City Attorney Sheldon if the developer had been deprived of the most appropriate use of the land, whether it would constitute a 'taking." City Attorney Sheldon said that it was his understanding that alignment for Plaza Drive was a preliminary plat alignment. He said the drive in and of itself would not be a taking. He went on to say that at the time of the preliminary plat, it was presumed that Outlot D, with the consent of the developer, was an existing, buildable lot and there were uses that could go on the lot. Mr. Sheldon said that it was Mr. Soules argument that if the City came in and cut across the lot for access to the Fire Station, in essence the City would be taking the entire lot, because Outlot D would then become unbuildable. Councilmember Gustafson said if the City Council went with a modified Alternate B, it would be accomplishing three things: 1) leaving old Galaxie open with no connection to Plaza Drive cost under S5,000 versus over S100,000 in construction costs and land acquisition costs for one of the other alternatives. 2) the Councilmember agreed with the safety factors and felt this would be a better set -up. 3) the Councilmember said it would be in keeping with the commitment made to the community that Plaza Drive would line up with West Wind Trail and there would not be two public accesses to Galaxie Avenue. He said if old Galaxie was kept open and only used by the Fire Station and there was no cross -over, then the commitment would have been kept to the community. In summary, the Councilmember said the use of a modified Alternate B would be a wise use of dollars, it would meet all safety aspects, and the commitment would be kept to the neighbors. Mayor Egan then asked for public comment. Mr. George Shenk, 1925 Berkshire, said that he could live with either road alignment. He said the situation is working well now. Mr. Shenk said he just didn't want two public accesses with connection to Plaza Drive. Gustafson moved, Wachter seconded a motion to continue receipt of the bids and awarding of Contract 90-10 with a modified Alternate B Galaxie Cliff Plaza 2nd Addition Streets Utilities) to the October 2, 1990 regular City Council meeting. Aye: 5 Nay: 0 RECEIVE BIDS/AWARD CONTRACT PARK CEN1ER ADDITION AND RUSTEN ROAD Gustafson moved, Wachter seconded a motion to receive the bids and award Contract 90-11 (Park Center Addition and Rusten Road Streets and Utilities) and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 PAGE 11/EAGAN CITY COUNCIL MINUTES September 18, 1990 CITY CODE AMENDMENT RESIDENTIAL OFF-STREET PARKING Gustafson moved, McCrea seconded a motion to continue consideration of the amendment of City Code Chapter 10, Section 1051, Residential Off-Street Parking, to the October 2., 1990 regular City Council meeting. Aye: 5 Nay: 0 REZONING/COMPREHENSIVE GUIDE PLAN AMENDMENT DIFFIEY /CEDAR PLANNED DEVELOPMENT/KOLDT PROPERTIES After introduction by Mayor Egan, the City Administrator said this was an item that had been before the City Council for several months. Mr. Hedges said the last continuance was to be long enough for all to provide the City Council with reports, information, etc. Mr. Hedges said the applicant was prepared to make a presentation or answer questions. Mayor Egan then pointed out that approval of this item would require a 4 /5ths vote. He said the only new information were letters from Fire Chief Ken Southorn, Police Chief Pat Geagan and Carter Christie of School District 191. Mayor Egan said the Koldt Properties had offered to conduct a tour and review of the property they developed and manage in St. Louis Park. Mayor Egan said it had left him with a favorable impression. Mayor Egan said it was probably appropriate to determine whether any movement toward reconsideration or possible approval could be expected from those Councilmembers who were previously leaning toward denial. Mike Gould of Koldt Properties then addressed the Council. He said he had talked to Chief of Police Pat Geagan regarding the study that had been done on multi- family versus single family residences. He said the Chief of Police agreed that a shtall number of the projects constituted the vast majority of police calls. In addition, he said most of these projects were older, had lower rents and were poorly managed. Mr. Gould said he then suggested that he go back to their marketing research people and ask them to profile who their typical resident would be. Mr. Gould said it was his feeling that theirs would be very similar to the Thomas Lake Point type of resident. Chief Geagan had indicated to Mr. Gould that Thomas Lake Point had a very low incidence of police calls. Mr. Gould said they then talked to Carter Christie of Independent School District 191. Mr. Gould said they would work with 191 as to what type of retail will work with students and what won't. Mr. Gould said he felt they had nailed down the largest concerns and would like to highlight the PD agreement for the Council. In response to a question, Councilmember Pawlenty said he had met with the developer and was favorably impressed with the development. However, the Councilmember said his concerns were based more on policy and not necessarily the details of the development agreement. Councilmember Pawlenty said his concerns were at a policy level and related to other things done at this policy level and not the particular aspects of the agreement. Councilmember Wachter then asked what this development would do for Eagan. He asked if the City needed more commercial and then asked if the City needed more R-4. Councilmember Gustafson said there is going to be more commercial and R-4 in the City. He said he supported limited R-4 and absolutely supported commercial development. He said the City needed the commercial development for their tax base. The Councilmember said he looked upon this particular site as the gateway to Eagan. He said decisions had been made in the past with regard to this gateway. He said this property with this developer would be the best they could offer as a gateway. The Councilmember said under its present zoning, this 0C334 PAGE 12/EAGAN CITY COUNCIL MINUTES September 18, 1990 property could become a hodgepodge of commercial with different users and different architectural styles. Councilmember Gustafson said the City Council had an opportunity to protect and enhance the gateway to Eagan and, in his personal opinion, would not have this opportunity with another type of development. Mayor Egan said they are dealing with a highly visible plateau which is very close to the development of the Mega Mall. He said the Council had to look at what was the best available and what would be the best use of the property under the circumstances. Mayor Egan then looked at the three proposals they have had for the use of this property: 1) Bluffview, which included a high -rise and was approved, 2) Splashland, a development that was not particularly realistic, but also approved, and 3) this particular proposal. Mayor Egan said of the three, the Diffley Cedar proposal was the most feasible, most prudent and the highest quality. Mayor Egan said Tom Webster's letter to the Council dealt with these issues and was as objective and as analytical as he could be. Mayor Egan said Mr. Webster was trying to market the property and was of the opinion that a total commercial development of the property would not happen. He said a corporate headquarters would not occupy anywhere near the entire 33 acres. He also questioned whether they would want a warehouse or industrial development on this highly visible site. A hotel would occupy only a small fraction of the property and the Mayor wondered how they could expect a hotel to come in when Eagan's finest hotel to date, the Compri Hotel, had just been foreclosed. Mayor Egan said the City did not need another 100 percent subsidized housing project. But he did feel the site was conducive to and would benefit from a project similar to the Thomas Lake Apartments. Mayor Egan said, under the circumstances, this was the best project available. Councilmember Wachter then asked what the foremost impact would be on the students' safety. He then suggested that they eliminate the commercial. Mayor Egan said the commercial should be eliminated only if there is a reasonable alternative. Councilmember Wachter said he saw no change in the developer's presentation and hence, nothing to prompt him to change his position. Councilmember McCrea said she would have liked to have asked Chief of Police Geagan about his letter. In addition, she said perhaps Councilmember Wachter did not feel his concerns about safety were being addressed. Mayor Egan said he had spoken to Chief Geagan and Chief Geagan was concerned about the impression his letter would leave with the City Council. The Mayor said his memo was intended overall to be an academic statement of fact. The Mayor said Chief Geagan was concerned that if the City continues to maintain a high level of R-4 in the City, it is going to create a higher degree of police activity which will be more of a burden on our Police Department. The Mayor went on to add, however, that this is not the type of complex being proposed. Mayor Egan then expressed his concerns about what would be built on the site if this project did not go in. He said it would be very difficult to control the commercial and industrial uses of these 33 acres. The Mayor said by approving this development, the Council would be approving a high quality project that the City could be proud of. If left under the present zoning, he said there could be seven different developers and seven different uses. Mr. Tom Webster, the fee owner of some of the property, then briefly addressed the safety issues regarding Metcalf Junior High. He said most of the students are bussed and only the few in the immediate area would be using the commercial property planned for this development. He said it is true if this development is not approved, that there could be seven different users for the property and he was actively courting a printing company. He said it was his original intention that all seven parcels be developed as one development. Mr. Webster said a hodgepodge of development was a real possibility when one considers that he pays $65,000 a year in taxes. Mr. Webster said he could not go on paying these high taxes forever. Roger Slater said he would like to see the property developed as he is part-owner of a 11/4 acre parcel that has little or no access. He said if they have an opportunity to market the property, he would PAGE 13/EAGAN CITY COUNCIL MINUTES September 18, 1990 like to do so. Mr. Slater, who is an Eagan policeman, said the majority of police calls to R-4 properties are to a small number of projects and much of the problem can be blamed on poor management. Mayor Egan then pointed out that not one voice had been raised in opposition to this proposal. He said the same could not be said of Bluffview and Splashland as they had all received numerous objections. Councilmember Pawlenty said this is a high quality project, yet he was concerned about consistency as it relates to the R-4 study. He said he agreed with downzoning these properties as he felt the City already has too much multiple zoning. He acknowledged residents do not want•more R-4 or strip malls, but feared the hodgepodge of commercial, which would result if the land use were not rezoned, would be worse. Councilmember Wachter then called attention to a stadium that had been proposed in Eagan and had never materialized. He also mentioned the race track and that he had been the only one to vote against it. He said he is not sorry he voted against the race track and be said he was not afraid to vote against this project. The Councilmember said the developer's project in St. Louis Park was very nice, however, it is not what is being proposed for Eagan. He said this proposal is not brick and it does not fit what he had in mind for the site. Councilmember Gustafson said the Council had to do what was best for the City and while he was torn on some subpoints, he had to look at the overall proposal and what was best for Eagan. Councilmember McCrea said she shared some of Councilmember Wachter's concerns. She said she would like to know what the City is getting. The Councilmember said she would like to see a corporate headquarters or a hotel on this site but is concerned that this will not occur. She said she also has great concerns about the costs associated with developing property in Eagan. Councilmember McCrea said the prospect of 33 acres and how they might be developed is frightening to her; she is afraid of what may be built there. She added that the Fire Department and Police Department calls may not be as heavy as they might be under the present zoning. After additional discussion Councilmember Pawlenty asked what the density of the project would be. Director of Community Development Runkle said the density is right at twelve units per acre, which is the high side of R -3. Gustafson moved, McCrea seconded a motion to approve the comprehensive guide plan amendment for specification of a development within an existing CPD (commercial planned development) of approximately 41 acres. Councilrnember Pawlenty said he was persuaded by the Mayor's analysis of the project. He said he was bolstered by the R -3 designation, so technically this could be viewed as something other than an R-4 parcel. Councilmember Pawlenty said he has been very close on this throughout and has raised a lot of concerns. He said he was going to support this project and support the rezoning because in the final analysis, this is the best that can be done for this parcel and for Eagan. The Councilmember said he was not a fan of R-4 or strip malls but unsightly, high density industrial uses were not good alternatives. Aye: 4 Nay: 1 (Wachter) Gustafson moved, Eagan seconded a motion to approve the rezoning of the Diffley /Cedar Planned Development for Koldt Properties to amend the Splashland PD to allow a mixed use multi family residential PAGE 14/EAGAN CITY COUNCIL MINUTES September 18, 1990 and retail development in the northwest corner of the intersection of Highway 77 and Diffley Road in the southwest quarter of Section 19 subject to the following conditions: 1. A planned development agreement shall be entered into for a five year period. 2. A phasing plan shall be submitted with the preliminary plat of the First Addition. 3. An overall landscape plan shall be prepared. 4. An overall sign agreement shall be entered into. 5. All rooftop mechanical equipment shall be screened. 6. An overall design theme shall be carried out in the residential area, to include materials referenced in the staff report. 7. All commercial areas shall be constructed with the same materials with all sides of the buildings being constructed of the same material. 8. All trash/recycling areas shall be contained within the buildings. 9. All applicable environmental permits shall be obtained. 10. The development is subject to additional requirements as identified by City staff during the platting phases of development necessary to provide adequate public infrastructure facilities to service the development. 11. Only two, three -story, 66 unit apartments will be allowed. 12. No gasoline pumps shall be allowed. Aye: 4 Nay: 1 (Wachter) Gustafson moved, McCrea seconded a motion to approve the planned development agreement for Diffley /Cedar Planned Development as presented. Aye: 4 Nay: 1 (Wachter) CARLSON LAKE PARK IMPROVEMENTS After introduction by Mayor Egan, the City Administrator said it was intended that this item be continued to the October 2 1990 regular City Council meeting. He wished to point out, however, that erosion control measures had been taken to protect any open ground. He said a 21/2 hour public hearing had been held by the Advisory Parks and Recreation Commission. He said the APRC had met with the neighbors on September 17 on site and he wished to commend the job being done by them and their extra efforts in this regard. Gustafson moved, Egan seconded a motion to continue consideration of the modifications to the Carlson Lake Park Improvements Project to the October 2 1990 regular City Council meeting. Aye: 5 Nay: 0 pi* guswgss LIQUOR LICENSE COMPRI HOTEL/PLAZA HOTEL COMPANY McCrea moved, Wachter seconded a motion to continue the consideration of the on -sale liquor license and Sunday sale of liquor license for the Compri Hotel/Plaza Hotel Company. Aye: 5 Nay: 0 RESOLUTION/INDUSTRIAL REVENUE BONDS PARK NICOLLET MEDICAL CENTER R 90.75 After introduction by Mayor Egan, the City Administrator said this is the first request for industrial development revenue bonds in several years. Mr. Hedges said that state and federal legislation had curtailed PAGE 15/EAGAN CITY COUNCIL MINUTES September 18, 1990 the issuance of these bonds except in those instances where the applicant is non -profit, a 505C(3) corporation or qualifies for the state -wide bond pool. Mr. Hedges said the resolution was similar to what they had done before with the consolidated bond issue with several other cities. He said the City had once approved many of these requests. He went on to say that he and the Director of Finance had reviewed the request and had found it to be in order. To alleviate any concerns, Mr. Hedges added that there were a number of protections before the City would ever be declared in default. Mayor Egan then said that previous policy was not to finance land acquisition. He asked if there had been a change in the law that now allowed the applicant to include land acquisition. The City Administrator said that policy had been more a local requirement to build up equity. The City Council had wanted to ensure that the developers had collateral. Mr. Hedges said that was not the case with this bond issue as the Park Nicollet Clinic is a proven commodity and they are not engaging in development speculation. Mayor Egan asked, along the same lines, whether the financing of the furnishings such as benches, desks, exam tables, etc., should be included as part of the bond issue. He said it was his understanding that they did not usually include items which had a shorter useful life expectancy than the period covered by the bonds. City Administrator said that in the past this had been true. Mr. Jerry Gilligan, of Dorsey Whitney, said that the equipment listed in their application did include some furnishings. As reassurance, Mr. Gilligan said they would have to comply with federal regulations regarding the inclusion of these items. Mr. Gilligan also pointed out that the economic life of these facilities is normally approximately 30 years, while the maturity on most of these bonds is in the neighborhood of 22 years. McCrea moved, Gustafson seconded a motion to approve the resolution setting a public hearing for October 16, 1990 to consider the application for the issuance of industrial development revenue bonds for Park Nicollet Medical Center in an amount not to exceed $3,225,000 and direct publication of the appropriate notice. Aye: 4 Nay: 1 (Wachter) SPECIAL USE PERMIT TREE SALES BOY SCOUT TROOP #510/TOWN CENTRE 70 NINTH ADDITION Gustafson moved, Wachter seconded a motion to approve a special use permit for Boy Scout Troop #510 to operate a temporary Christmas tree sales lot on Outlot A, Town Centre 70 Ninth Addition. Aye: 5 Nay: 0 SPECIAL USE PERMIT/CHRISTMAS TREE SALES BOY SCOUT TROOP #345/PARK CENTER ADDITION Wachter moved, McCrea seconded a motion to approve a special use permit for Boy Scout Troop #345 to allow Christmas tree sales at the northwest corner of Cliff Road and Cliff Lake Road. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING MULTI- FAMILY RESIDENTIAL LAND STUDY AREA I After introduction by Mayor Egan, the City Administrator said this item had been considered by the Advisory Planning Commission at their August 28 meeting. He said the APC was recommending approval. The Director of Community Development said that this item had been before the City Council before and had been referred back to the Advisory Planning Commission. He said it was originally intended PAGE 16/EAGAN CITY COUNCIL MINUTES September 18, 1990 that this property be downzoned from D -III to D -I; however, the recommendation before the Council is now for a rezoning from D -III to D -II and R -2. He said the applicant was in agreement with this downzoning. Mr. John Dobney, representing Bill Smith, said the proposal represents transitional zoning between the apartments on the north and the single -family on the south. He said this was very steep property and was not suitable for any type of single family development. He said there were substantial assessments and they endorsed the action taken by the Advisory Planning Commission. Mr. Harry Lemieux said he appreciated the time that had been spent on the issue. Mr. Lemieux said he wished this Council had been around six years ago and perhaps he would not have the problem he has today. He said any time the Council would like to do away with Royal Oaks, he would be happy to go back to single -family zoning. Mr. Lemieux said the Royal Oaks Project had destroyed the single family area. Mr. Joe Gavit said he was not as concerned about zoning and he was about parks. Mr. Gavit said he would like the Council to include a study for a park in the area. Mr. Gavit said he believed it was a necessity. Mayor Egan then asked the Director of Community Development several questions about parks and their service area. The Mayor also asked what the park dedication fee was in this instance. Mr. Runkle said that it was a cash dedication. Mr. Lemieux then asked whether there would be a change in his taxes if the zoning went from agricultural to R -2. Mr. Runkle said the County had assured them that it was the use that determined the tax rate, however, there have been inconsistencies in applying this policy. Mr. Runkle said that if the taxes do change, staff will bring this item back to the City Council. Pawlenty moved, Gustafson seconded a motion to approve the comprehensive guide plan amendment to change the land use designation of approximately 16 acres from D -III (mixed residential, 6-12 units per acre) to D -II (mixed residential, 0-6 units per acre) for Area I/Multi- Family Residential Land Study. Aye: 5 Nay: 0 Pawlenty moved, Gustafson seconded a motion to approve the rezoning of the same 16 acres from A (Agricultural) to R -2 (Duplex) residential for property located on the west side of Federal Drive along Violet Lane in the northeast quarter of Section 16. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING AREA F /MULTI FAMILY RESIDENTIAL LAND STUDY McCrea moved, Gustafson seconded a motion to continue a request for continuance to the October 16, 1990 City Council meeting for Area E of the Multi -Family Residential Land Study. Aye: 5 Nay: 0 ADDITIONAL TIEMS RAI NCLIFF GROSSING SECOND ADDITION After introduction by Mayor Egan, the City Administrator said that before they discussed the development issues of Rahnclif Crossing, he wished to share a note he had received from the Finance Department regarding negative escrow balances. Since he was not in attendance, City Councilmember McCrea asked whether the developer had been notified. City Attorney Sheldon pointed out that the letter sent to Mr. M. Austin Smith by Mike Dougherty of the City Attorney's office, had advised him that action would be requested of the City Council to declare PAGE 17/EAGAN CITY COUNCIL MINUTES September 18, 1990 his company in default of the planned development agreement and development contract for Rahncliff Crossing Second Addition. City Administrator Hedges said staff had tried to work with Mr. Smith but were not getting any response. City Attorney Sheldon said if the development is held in default, it would allow the City Attorney's office to process the default provisions of the development agreement and contract. Wachter moved, Gustafson seconded a motion to approve a finding that M. Austin Smith, developer of Rahncliff Crossing, be found in default of the planned development agreement as amended and the development contract for said development and authorized staff to properly enforce/resolve the items including the payment of all escrow. Aye: 5 Nay: 0 AINANIsMITRA, CHANGE ORDER #2/CONTRACT 89-13 CLIFF ROAD WATER TREATMENT FACILITY The Director of Public Works said it has become apparent that the extra cost proposed to save some of the significant trees along Cliff Road is not cost beneficial. He said originally it was proposed to build retaining walls and construct a 24 inch water transmission main around this wooded area to save two oak trees along Cliff Road. However, Mr. Colbert said in working with the contractor, the City can save S7,755 by removing these two oak trees, reducing the height and length of retaining walls and shortening the construction alignment of this transmission water main. He said the two oak trees originally proposed to be saved are incurring significant distress due to the construction activity around them. After prefacing his motion by saying he normally votes to save trees, Wachter moved, Egan seconded, a motion to approve Change Order #2 to Contract 89 -13 (Cliff Road Water Treatment Facility) and authorized the Mayor and City Clerk to execute all appropriate documents. Aye: 5 Nay: 0 CHANGE ORDER #1/CONTRACT 89-09 JOHNNY CAKE RIDGE ROAD STREETS UTILITIES Mayor Egan said in fairness to Director of Parks and Recreation Ken Vraa, this was also a very significant change order amounting to S25,000. Gustafson moved, McCrea seconded a motion to approve Change Order #1, Contract 89-09 (Johnny Cake Ridge Road Streets Utility Improvements) and authorized the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 STAFF NOTES City Administrator Hedges said he had received two separate letters from John Herman of Leonard, Street Deinard, the law firm that represents the City in airport noise issues, requesting that other attorneys in his firm be allowed to represent clients who are not the City of Eagan. One request involves Crown Coco, a company that recently had a conditional use permit request before the City Council, and the other involves a tax protest by a resident. Mr. Hedges said typically these letters request ask the City Administrator to review and sign off any concerns the City may have. Because he had reservations about both requests, the City Administrator asked the City Attorney to review them. Upon review, the City Attorney has raised some significant issues and this is particularly true in the case of Crown Coco where the law firm would be representing the applicant in an adversarial role after the conditional use permit requested by that company was denied. PAGE 18/EAGAN CITY COUNCIL MINUTES September 18, 1990 The City Administrator recommended that Mr. Herman be informed that it was not in the best interests of the City to approve either request. The City Council agreed. SPECIAL CITY COUNCIL MEETING The City Administrator recommended that because of conflicts on other dates, October 11, 1990 be set as the next special City Council workshop. Those items to be discussed include: 1) 1991 budget considerations, 2) philosophy regarding shelter and park programs, 3) other business. Gustafson moved, McCrea seconded, a motion setting October 11, 1990 as a special City Council meeting. Aye: 5 Nay: 0 GOPHER SMELTING Councilmember Wachter asked the Director of Community Development whether he had received a report form the Pollution Control Agency on Gopher Smelting. Community Development Director Runkle said no specific report had been received, however, John Tapper of Gopher Smelting would like to meet with the City Council to explain what actions have been taken. CHECKLIST Wachter moved, Egan seconded a motion to approve the checklist for September 18, 1990 in the amount of $823,612.68. Aye: 5 Nay: 0 ADJOURNMENT The meeting was adjourned at 10:45 p.m. on September 18, 1990. nOverbeke, City Clerk ",:'41 KF