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10/16/1990 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA October 16, 1990 A regular meeting of the Eagan City Council was held on Tuesday, October 16, 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. G City Administrator Hedges recommended the following changes to the agenda: Consent Agenda, Item I, Contract 90 -16, Receive Bids /Award Contract (Woodlands North Streets Utilities), Continue to the November 8, 1990, regular City Council meeting. New Business, Item E, Special Use Permit, Peace Reformed Church, to Allow the Temporary Sale of Christmas Trees, Request from the applicant to remove item from consideration. Wachter moved, Gustafson seconded, a motion to approve the agenda as amended. Aye: 5 Nay: 0 MINUTEs Wachter moved, Gustafson seconded, a motion to approve the minutes for the October 2, 1990, regular City Council meeting as presented. Aye: 5 Nay: 0 pgrwmpgruppLumm COMMUNITY DEVELOPMENT/WOODLANDS NORTH After introduction by Mayor Egan, City Administrator Hedges said that staff had received a request from the developer to increase the number of single family lots in the Woodlands North Addition from 12 to 13. He said access to this lot would be off Elrene Road. The City Administrator said that the Director of Public Works had indicated there would be a change in the assessments because of the direct access onto Elrene; however, no problems were anticipated. Director of Public Works Colbert said that there would be no problems with services as Elrene is scheduled to be upgraded in the spring and the curb cut and utilities will be provided with that upgrade. Mr. Colbert added, however, that if this is approved, the condition of preliminary plat restricting direct access onto Elrene Road would have to be modified. Director of Community Development Runkle said that looking at the total development plan for the Woodlands North, a one lot increase is insignificant. He suggested the change in lot alignment could be picked up with the final plat. Councilmember Wachter asked what the dimensions of the new lot were and Mr. Runkle indicated that it would be approximately one acre; more than large enough to accommodate a single family home. Mr. Runkle said the rest of the "triangle" of property will be incorporated into the R-4 portion of the development. He added that since the number of units under the R-4 zoning was capped at 200, it would not change those numbers. Page 2/EAGAN CITY COUNCIL MINUTES October 16, 1990 Although no formal action was required, it was the Council's determination that the addition of a one -acre, single family lot was not significant enough to warrant sending the development back through the process; therefore, the inclusion of this lot will be handled with consideration of the final plat. POLICE DEPARTMENT/HUMANE SOCIETY REQUEST After introduction of the item by Mayor Egan, City Administrator Hedges said that Mr. Dean Weigel from the Dakota County Humane Society was present to discuss whether funds from the City were still budgeted for the shelter they intend to establish in Dakota County. Mr. Hedges said the Humane Society would like to receive an allocation of those dollars so that when they negotiate a lease or purchase of a building, those funds will be readily available. He said that one option the Council could consider would be to earmark these dollars for the Humane Society with the commitment that these funds will be released at the time of a lease or purchase acquisition. Mr. Weigel said his organization is very close to making a move on a building for a shelter. Councilmember McCrea asked if it would be appropriate to keep the money within the City and provide a letter of commitment to the Humane Society for the funds. City Administrator said that such a procedure would be appropriate and in keeping with the other cities in Dakota County. McCrea moved, Pawlenty seconded, a motion to provide a letter to the Humane Society acknowledging the commitment of $21,278 for the shelter and that the money will be released once a decision is made on the actual location. Aye: 5 Nay: 0 Before approval of the Consent Agenda, Mayor Egan asked that Item H, Contract 90 -12, Elrene Road Streets and Utilities, be discussed. The Mayor said he understood that the bids were to be rejected, but said he found it incredible that the bids were 24% over feasibility report estimates and almost 6% over the engineer's estimate and then Contract 90-16 (Item I) for the Woodlands North Streets and Utilities, came in 21.4% under the feasibility report estimate and 17.2% under the engineer's estimate. He said he had questioned several bid results this year and was quite concerned about the bid results to be discussed later on in the agenda. He asked if there was an explanation why one was so far over estimate and the other so far under. Director of Public Works Colbert said that the feasibility report for Contract 90-12 was put together in May and June and hence, before completion of the West Publishing 4th Addition and before the platting of the Woodlands North Addition. He said many assumptions had to be made as to what the final configurations would be. Mr. Colbert said that during the platting of those two significant developments (which are on either side of Elrene) there were additional utility modifications and additions to the contract to accommodate the final design. He said if the City were to add the extra work that was requested of the adjacent developments to the feasibility report and then compare the bids, the bids would have come in at about 12% over. He said that would not have been as drastic but still more than the 10% they like to keep bids under. The Director of Public Works said that some of the higher costs could be attributable to the speculation of developers over the price of oil next spring because that is the tinning of the street improvements. Mr. Colbert said that the reason the Woodlands North bid came in so much closer to estimate was because the final plat, revision to the final plat, feasibility report, revised feasibility report and detailed plans and specifications were done simultaneously within the later part of August and early September. He said they were very accurately compiled and held no surprises as there was no time delay. As a matter of fact, Page 3/EAGAN CITY COUNCIL MINUTES October 16, 1990 A. Personnel Items he said they may have overestimated the impact of the oil shortage on these particular projects. He said the difference in the bids was more a matter of their timing. Director of Public Works Colbert said staff was recommending rejecting the bids for Elrene Road because of the cost overrun. He said if the project were rebid next spring, it is possible they would get better prices; however, the bid would be for Elrene as well as Kost Road. He said staff will recommend that the grading and utilities for Kost Road be added to the Woodlands job by change order thereby taking advantage of the better prices associated with that project. In addition, combining this project and having it done by the same contractor would provide better construction coordination rather than having two different contractors trying to meet at the same place at the same time. Mr. Colbert said it would mean better efficiency and better economy to reject the Elrene Road bids and come back on November 8 with the final plat for Woodlands North and then reconsider the bids for that contract as well as considering a change order to add a portion of trails and road. He said that delaying Elrene Road until next spring would not have any impact on any of the developments and may result in better prices. Discussion then turned to Item K and the name change of a portion of Mike Collins Drive. Mayor Egan said he appreciated staff input and thought it appropriate to note the different uses north and south of the county road. Councilmember Wachter said he was opposed to the change and saw nothing wrong with the existing name. City Administrator Hedges said a number of these requests are received each year, however, if public safety is an issue, staff tries to discourage such changes and only a few are ever taken to the City Council. Mayor Egan wished to point out that the week of October 22 -28, 1990, had been designated as Red Ribbon Week in the City. Red Ribbon Week is a national effort that has been established to create awareness of the drug problems facing communities, to establish effective parent /community teams across the country, and to support drug free, healthy lifestyles. 1. It was recommended that the hiring of Judy Forde as a Recreation Program Instructor, Marilynn Grant as a Recreation Program Instructor, Kathleen Haag as a Recreation Program Assistant, Cynthia Olson as a Recreation Program Assistant and Patricia Soldner as a Recreation Program Assistant be ratified. B. Proclamation, Red Ribbon Week, October 22 28. 1990 R 90.79 It was recommended that the week of October 22 -28, 1990, be proclaimed as Red Ribbon Campaign Week in the City of Eagan. C. License, Plumbers It was recommended that a plumbers license for Leon Duda Plumbing Services, Inc., be approved. D. License, Water Softener It was recommended that a water softener license for Milbert Company be approved. E. Receive Request for Reconsideration /Schedule Public Hearing, Crown Coco, Inc., Denial of Conditional Use Permit/Variance for Pylon Sign It was recommended that a request for reconsideration be received and a public hearing scheduled for the Board of Appeals and Adjustments at the November 20, 1990, regular City Council meeting to Page MEAGAN CITY COUNCIL MINUTES October 16, 1990 r consider an appeal of the denial of a conditional use permit for a pylon sign to allow a variance of 23 feet in pylon sign height for a sign at their gas station at 4195 Nicols Road. F. Vacate Public Right -of -Way, Receive Petition/Order Public Hearing (Wescott Garden Lots Cedar, Rodger Birch Street It was recommended that the petition be received to vacate public right -of -way (Wescott Garden Lots Cedar, Rodger Birch Streets) and the public hearing was ordered to be held November 8, 1990. G. Vacate Public Right- of -Wav, Receive Petition/Order Public Hearing (Thomas G. Slater Addition Rusten Road) It was recommended that the petition be received to vacate public right -of -way (Thomas G. Slater Addition Rusten Road) and a public hearing scheduled to be held on November 8, 1990. H. Contract 90-12, Receive Bids /Award Contract (Elrene Road Streets Utilities) It was recommended that the bids be rejected for Contract 90-12 (Elrene Road Streets Utilities). I. Contract 90 -16, Receive Bids /Award Contract (Woodlands North Streets Utilities) It was recommended that the bid award for Contract 90-16 (Woodlands North Addition Streets Utilities) be continued to the November 8, 1990, regular City Council meeting and that consideration be delayed until after action has been taken on the final plat. J. License, Beer Wine, Cactus Flats Restaurant/2113 Cliff Road It was recommended that a wine and beer license application for Cactus Flats Restaurant (formerly Broadway Pizza) at 2113 Cliff Road be approved. K. Consideration, Change Name of Street fron Mike Collins Drive to Ivy Lane It was recommended that the street name from Mike Collins Drive (south of Yankee Doodle Road) be changed to Ivy Lane as requested by the Robert Engstrom Companies. (Note exception on Consent Agenda vote). L Agreement, 1991 Joint Powers for South Metro Drug Task Force It was recommended that the 1991 Joint Powers Agreement for the South Metro Drug Task Force be approved. Gustafson moved, McCrea seconded, a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 (Wachter taking exception to Item K, Street Name Change from Mike Collins Drive to Ivy Lane). Because the Public Hearing could not begin prior to 7:00 p.m., two items from the Administrative Agenda were heard at this time. Page 5/EAGAN CITY COUNCIL MINUTES October 16, 1990 i D NLS RA1 ALiENI A/MOBILE DIGITAL TERMINALS There was no public comment. City Administrator Hedges said it was the staff's recommendation that the low bid submitted by Electro Com Automation, Inc., be accepted. Police Chief Geagan then added information about the 2 1R year process that has brought the City to this point. He also commended Operations Captain, Ken Aszmann, on the work he had put into this process and added that because of his extra work, Captain Aszmann had likely saved the City S5- 10,000 in consulting fees. Gustafson moved, Wachter seconded, a motion to award the bid for the mobile digital terminals for the Police Department to Electro Com Automotion, Inc., in the amount of S136,152, including Option 13 for uninterruptible power supply at $1,356 and Option 15 for Ericsson- General Electric, mobile radio and antenna at S1,100 with the overage to be paid from current dollars existing in the capital improvements portion of the Eagan Police Department budget. Aye: 5 Nay: 0 JAMES ENCROAcHMENT/CARLSON LAKE PARK The City Administrator said that in preparation of the development of Carlson Lake Park, a survey was performed by OSM confirming its boundaries. He said at that time it was discovered that a portion of the driveway of Richard and Patricia James at 1345 Cosmos Lane, extended approximately 5 feet into park property. Mr. Hedges said that Director of Parks Recreation Vraa had met with the City Attorney and Mr. Mrs. James and it was their determination that rather than move the driveway, a license could be offered to the James's to use the property. Councilmember McCrea asked if such an arrangement would impair the sale of the property in the future. City Attorney Sheldon said that it should not impair the sale of the property but the license would be revocable at any time by the City, would not be transferrable and any future owner would have to reapply for the license. When asked if there were other methods less cumbersome, the City Attorney said that unfortunately the property is dedicated parkland and any change to that status would require sending notices to all residents within the plat and a hearing before the district court. Councilmember McCrea asked the City Attorney if Mr. Mrs. James understood that the license was not transferrable. City Attorney Sheldon said that the issue had been thoroughly discussed with the James. Councilmember McCrea asked, if necessary, could the entire driveway be located on the James' property. Director of Parks and Recreation Vraa said that it could be moved on their property with a variance; however, the license appeared to be the best and easiest handling of the issue. Councilmember Gustafson asked if the license runs with the owners and if so, could it run with the property. City Attorney Sheldon said the license is a personal as opposed to a land interest and there is no land interest created in the license. Gustafson moved, Egan seconded, a motion to approve the granting of a license to Mr. Mrs. James, who reside at 1345 Cosmos Lane, to allow continued use of a driveway which encroaches approximately five (5) feet into Carlson Lake Park property. Aye: 5 Nay: 0 Page 6/EAGAN CITY COUNCIL MINUTES October 16, 1990 ruBucIWARThios IDB'S/PARK NICOLLET CLINIC After introduction by Mayor Egan, the City Administrator said that this was a public hearing to consider the issuance of industrial development revenue bonds for the Park Nicollet Clinic. City Administrator Hedges said that the City Council had considered the application at the September 18 meeting and had authorized the public hearing to receive public input on the issue. Mayor Egan asked if there was any comment from the public and there was none. Councilmember Wachter asked if the issue was complicated by working in cooperation with the city of St. Louis Park. City Administrator Hedges said the City has worked with other cities in the past with no problems. He said there is a cost savings on a joint issuance but no exposure risk to the City because of the joint issuance. City Attorney Sheldon asked the representative from Park Nicollet if they were satisfied that there is ample documentation in their files to substantiate the findings that the City was making at the public hearing. Jerry Gilligan of the Dorsey law firm said they believed there was as far as the public purposes being served by the issuance of the bonds. Mr. Sheldon asked if they had adequate evidence of documentation in their files to substantiate the other requisite findings. Mr. Gilligan said yes. Mayor Egan said the City would rely upon this representation. Councilmember Pawlenty moved, Gustafson seconded, a motion to close the public hearing and approve a resolution for the issuance of industrial development revenue bonds for Park Nicollet Clinic in an amount not to exceed S3,225,000. Aye: 5 Nay: 0 Councilmember Pawlenty moved, Gustafson seconded, a motion to provide for the execution of the joint powers agreement resolution to allow the City of St. Louis Park to act as the issuer of the industrial development revenue bonds. Aye: 5 Nay: 0 BUSINMS ADAMS OUTDOOR ADVERTISING After introduction by Mayor Egan, City Administrator Hedges said that a request had been received from Adams Outdoor Advertising asking for a refund of the conditional use permit application fee associated with their billboard request. Mr. Hedges said Adams had suubmitted their application just prior to the one -year moritorium placed on billboard sign applications within the City. Mr. Hedges said that staff was recommending a return of the entire fee to remove any suggestion that Adams Outdoor Advertising had an application pending before the City Council. Wachter moved, Gustafson seconded, a motion to approve the refund of the entire fee paid to the City of Eagan by Adams Outdoor Advertising for a conditional use permit application. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/SAFETY KLEEN McCrea moved, Wachter seconded, a motion to continue further consideration of the Safety Kleen conditional use permit application until the November 20, 1990, City Council meeting. Aye: 5 Nay: 0 �Jl_r `.aGO Page 7/EAGAN CITY COUNCIL MINUTES October 16, 1990 Bus COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING AREA E/MULTIFAMILY RESIDENTIAL LAND STUDY After introduction by Mayor Egan, City Administrator Hedges said that a number of persons were in the audience regarding this item. He then provided background on the Multifamily Residential Land Study and Area E in particular. Mr. Hedges said that consideration of a comprehensive guide plan amendment and rezoning of Area E had been before the Advisory Planning Commission at their August 28 meeting and they had recommended approval. Mr. Hedges said that if the Council so desired, consideration could be given to a continuance so that there could be a neighborhood informational meeting to better understand what the issues are. He then asked that the Director of Community Development make a brief presentation. Director of Community Development Runkle said that Area E is one of 16 areas being studied by the City as part of the Multifamily Residential Land Study. Mr. Runkle said that the eastern 25 acres of Area E was the parcel that originally started the Study. He said that after looking at land uses, alternatives considered for the area included Limited Business and R -2. However, after looking at the adjacent roadways and adjacent zoning, Mr. Runkle said it was determined that residential may not be the best alternative for the long term. Mr. Runkle said it may be appropriate to include same LB or LI or other uses with very definite breaks because the topography separates the parcels along a bluff line. Mr. Runkle said the best solution that came out of their study of the entire 105 acres with no specific development plan, would be to guide the property to Research Development and thereby taking the area out of a residential use in the future and guiding it to some very restrictive uses. Mr. Runkle said some Light Industrial may work its way into the area but it would be on a case -by -case basis as development occurs and specific proposals came through. Mr. Runkle said the APC had reviewed the proposal. Some of the concerns to come out of that meeting included neighborhood concerns regarding whether residents could rebuild if the land use were changed; could they rebuild their existing homes. The other issue in questions was in regard to taxes and the valuation of the properties. Mr. Runkle said they had a meeting with one of the County Assessors to attempt to get an understanding of this parcel as well as other parcels in the community and how they establish the taxes and set the valuation. He said a memorandum had been provided with the packet and it said basically that each parcel is looked at individually as to the highest and best use. Mr. Runkle said that the comp guide is the document the County is using for a long term view of what the highest and best uses could be. He said other factors do come into play such as availability of utilities to the property and the availability of undeveloped land with utilities in the immediate area. He pointed out that even though a parcel may be comp guided or have a use that may increase its potential value, the use at the present as residential may be the highest use for a number of years before the valuation actually increases or taxes increase on the property. Mr. Runkle said that the assessor also indicated that statute requires that 25% of the community be reevaluated each year or a total reevaluation every four years. He said that with the development that is occurring in Dakota County and with the number of assessors, instead of every four years it would be unusual if they got through the reevaluations every six years. The Director of Community Development said that an evaluation had just been completed within the community and if the City rezoned or changed this land use, it would probably be six years before it is reevaluated. In summary, Mr. Runkle said there is no set guideline for property taxes and every parcel is looked at on a case by case basis and weighed with the surrounding parcels. Mayor Egan said of the 16 parcels reviewed by the Council, this was the one with the most issues. He said that one Landowner looked forward to a more intensive type of commercial development yet most of the residential neighbors were concerned about any form of commercial development. Mayor Egan said Page $/EAGAN CITY COUNCIL MINUTES October 16, 1990 the proposal was for a research and development use of the property, however, there were no current plans for development that he was aware of. He said a study had been done about two years ago on limited business for this land but there are many limitations on the uses for that type of commercial district. Mayor Egan added that it is important for the neighbors to understand that the intent of the study was to try to upgrade land uses in the community for everyone's benefit. He said it was not taken at the initiative of any developer or any developer's plan and if discussion were entered into with that understanding, it may simplify the issue. Mr. Stan Piekarski, 3350 Highway 55, said the last time the comprehensive guide plan was changed, his taxes went up and his Green Acres status was lost. Mr. Piekarski said it took 10 years to change it and when it was finally changed back, the assessor's office said it shouldn't have been changed to begin with and should have remained agricultural. He added, however, that even having said that, the County would not refund the additional taxes that had been collected. He asked if they would receive any guarantee or written statement that taxes would not go up and his Agricultural status would stay the same. Mayor Egan said he wished the City could but in light of County policies, there were no assurances. Mayor Egan said this was somewhat of a lateral rezoning. He said he didn't know if it was an improvement but he didn't feel it was a detriment. The Mayor said he was not suggesting that a higher intensity use could not go into Area E, but R &D is a very low intensity type of district. The Mayor said he thought the City of Eagan had more Limited Business and undesignated but zoned LB districts than any other commmercial district in the City. Councilmember Wachter said that R &D was a reasonable land use for these properties. He said he would like to see this designation but without assurances from the County that the taxes would not go up, he was very reluctant to vote in favor. Councilmembers McCrea and Pawlenty shared these concerns. Councilmember Pawlenty said he did not think it was worth putting the property owners at risk of higher taxes. He then asked City Attorney Sheldon whether the City's hands would be tied if in the future someone bought this parcel and came in with a D -II application. He asked if it would be more difficult at that point to say the applicant could not have a D -II classification. City Attorney Sheldon said the property was comp guided as D -II but zoned residential/agricultural in most instances. He said an applicant was entitled to come in and apply for the D -II classification; however, current law gives zoning precedence over the Comp Guide. He went on to say that those persons would definitely have an advantage in terms of the City's guide plan showing a D -II classification but it would not necessarily mean that it would be automatic or that it must be rezoned. Mr. Sheldon said the test would be the same as for any other rezoning and that would be whether the City's action is reasonable and whether that action had a factual basis and legally sufficient reasons to support it. Wachter moved, Pawlenty seconded, a motion to deny a Comprehensive Guide Plan amendment for Multifamily Residential Land Study, Area E. Aye: 5 Nay: 0 RESOLUTION/MEIROPOLTTAN SYSTEM PLANS R 90.80 After introduction by Mayor Egan, City Administrator Hedges said the Metropolitan Council had requested a resolution indicating that an amendment to the Eagan Comprehensive Guide Plan will not be necessary to conform with Metropolitan Systems plans. Mr. Hedges said that this resolution is a technicality and there will be other sections requiring change, however, the only aspect of transportation being addressed in this resolution is light rail. 6 Page 9/EAGAN CITY COUNCIL MINUTES October 16, 1990 Mayor Egan asked the Director of Community Development whether he felt the City's plan was still consistent in view of the Metropolitan Council amendments to their aviation and light rail transit policies. Community Development Director said he did not have the specifics of the amendments but he thought Eagan's Comprehensive Guide Plan in relationship to aviation and light rail transit was vague enough to fit with any new Met Council policies. McCrea moved, Pawlenty seconded, a motion to authorize a letter of transmittal and resolution indicating a determination that an amendment to the Eagan Comprehensive Guide Plan will not be necessary to insure conformity with Metropolitan Systems plans. Aye: 5 Nay: 0 SPECIAL HUNTING PERMIT/JERRY 'THOMAS Mayor Egan introduced the item and City Administrator Hedges added that Jerry Thomas of 4889 Pilot Knob Road, was requesting a special permit for bow hunting for deer and occasional shotgun hunting for geese on his property. Mr. Hedges said any shotgun hunting would require the establishment of a special hunting season by the City Council for the purposes of wildlife management and all hunting would occur within dates established by the State. Mayor Egan asked that Mr. Thomas provide all license numbers of vehicles used in the hunting party and Mr. Thomas said the hunting would be done only by family members. Councilmember Gustafson pointed out that, if approved, this would be the first wildlife management permit for firearms the Council has authorized south of Highway 13. He said he was only raising the issue as he had concerns about additional requests and would prefer that these permits remain between Highway 13 and the river. Councilmember McCrea asked if the discharge of firearms could be heard in surrounding housing area. Mr. Thomas said it was possible, however, the sounds would be no louder than when homes were being built, etc. Councilmember Pawlenty asked if there was any chance that pellets would leave the Thomas property. Mr. Thomas said they would not as, unlike a rifle, shotgun pellets are scattered and projected over a shorter distance. Gustafson moved, Egan seconded, a motion to approve a request by Jerry Thomas for a special hunting permit for property owned by Mr. Thomas and adjacent property the Diamond T Ranch leases from John Brown for bow hunting of deer for the remainder of October through December 31, 1990, and use of a firearm for purposes of wildlife management. Aye: 5 Nay: 0 SPECIAL HUNTING PERMIT/RONALD CORNWEIL After introduction by Mayor Egan, City Administrator Hedges said that this was a request from Ronald Cornwell, 5200 Willson Road, Minneapolis, for a bow hunting permit for property owned by the applicant in the City. There was no representative present for the applicant. Councilmember McCrea said she does not like hunting in the City but if permits are to be allowed, she thought applicants should at least be present to answer questions thereby allowing the Council to get an impression of the integrity of the applicant. 0363 Mayor Egan questioned why the applicant had included the name of the Bieter Company in his application considering the relationship between that particular party and the City. He then indicated he had concerns about safety as the property is adjacent to the freeway. He asked City Attorney Sheldon if the City faced any greater exposure or greater liability in approving a hunting permit for acreage adjacent Page 10/EAGAN CITY COUNCIL. MINUTES October 16, 1990 to the freeway if because of the hunting an animal is "spooked" onto the freeway. The City Attorney said that any time an activity is licensed it does not necessarily make the City a guarantor of that activity but the City Council has the opportunity to get answers from the applicant and to look into all those issues at the time of issuance of the license. Mayor Egan also mentioned a negative escrow account belonging to the Bieter Company and asked the City Attorney if it were appropriate to make payment of this account a condition of approval. City Attorney Sheldon said the issue of City approval would require a reasonable nexus to those things being asked for and there would have to be a reasonable connection between the negative escrow and the approval of the license. Councilmember Gustafson said he did not think it was necessary to require people to be present for an application when the Council knew the person, knew the land and had given permission previously for adjacent land. He said he thought the applicant was being asked to meet requirements not asked of others. Because be did not believe the applicant was being treated fairly, he said he would abstain from voting on the application. Councilmember McCrea said the Council had the right to ask for the personal presence of anyone requesting a hunting license. She said she has been against the issuance of hunting permits in Eagan and said it is important that the applicant be present so they can understand how serious the Council thinks granting a license is. The Councilmember said she would move continuance and once again request the applicant to attend in person. Councilmember Pawlenty asked Councilmember Gustafson the basis for his abstention. Councilmember Gustafson said he had never heard before that it was a stated prerequisite for approval that an applicant be present. He said other issues had been approved without the applicants being there and only asked that all applicants be treated equally. Mayor Egan said he could think of any number of items where the issue was continued because the applicant was not present. He said at issue was the regulation of what could be considered a potentially dangerous activity and an activity that has been restricted with the exception of permits for special hunting uses. Mayor Egan said it is generally assumed that the applicant will be present for that type of use. In addition, Mayor Egan said that staff had indicated to the applicant that he should be present. Councilmember Pawlenty said that since staff had stressed the importance of the applicant being present, he thought they should be present. He said he would support a continuance. McCrea moved, Wachter seconded, a motion to continue to the November 8, 1990, regular City Council meeting a request by Ronald G. Cornwell for a special hunting permit for property he owns for bow hunting of deer from the date of approval through the end of the season on December 31, 1990. Aye: 4 Nay: 1 (Gustafson) SPECIAL USE PERMIT/PEACE REFORMED CHURCH SALE OF CHRISTMAS TREES As indicated in the approval of the agenda, this item was withdrawn at the applicant's request prior to the meeting and, therefore, no action was taken. SPECIAL USE PERMIT/ICNOB HILL PROFESSIONAL PARK SALE OF CHRISTMAS TREES Wachter moved, McCrea seconded, a motion to approve a special permit application for Bill Brabec to allow temporary Christmas tree sales at the northwest corner of Knob Hill and Pilot Knob Road subject to the following conditions: Page 11/EAGAN CITY COUNCIL MINUTES October 16, 1990 1. This Special Use Permit is temporary and shall be valid from November 19, 1990, to January 11, 1991. 2. No parking shall be permitted on Pilot Knob Road 3. The lighting shall not shine directly onto Pilot Knob Road. 4. all other applicable code requirements shall be met. Aye: 5 Nay: 0 After introduction by Mayor Egan, City Administrator Hedges said that a 13' variance to the established side yard setback of 38' from the public right of way had been considered and approved for Mr. Vaughn at the August 7 City Council meeting. Since that time, Mr. Vaughn has reevaluated his requirements and is asking for an additional 3'. Wachter moved, Gustafson seconded, a motion to approve a variance for an additional three feet to the previously approved variance of 13' to the established side yard setback of 38' from public right of way for John Vaughn, 1670 Mallard Drive, subject to the following conditions: 1. The building expansion/addition shall match the materials and appearance of the existing structure. 2. All applicable City Ordinances. Aye: 5 Nay: 0 VARIANCFJJOHN VAUGHN PRELIMINARY PLATS ADDITION After introduction by Mayor Egan, City Administrator Hedges said the item for consideration was a preliminary plat for the Heller Addition, consisting of four lots on approximately 2.6 acres of R -1 property, and the APC had recommended approval. Mr. Hedges then pointed out two issues regarding aircraft noise guidelines that were being recommended as conditions of approval. Director of Community Development Runkle then provided information on the proposed plat and its location. Mr. Runkle said it was the recommendation of the staff that since the Hellers are now in the process of platting the property and taking advantage of the utilities and streets as installed by the City, that a condition of preliminary plat for Heller Addition require that the Hellers waive any right to object to the assessments associated with City Project #543. Mr. Rick Sather, an engineering consultant representing the Hellers, said they had just become aware that there was another area that needed to be addressed. He said they did not fully understand the situation and he was interested in knowing how the aircraft noise standard was applied and how broad it was. He asked if the ordinance was City wide or just applied to developments that are identified to have a problem. City Administrator Hedges said that the Metropolitan Council had developered the airport noise compatibility standard which the City was attempting to follow in these additions. Mr. Hedges said these conditions are being proposed for the protection and well being of future residents. Mr. Sather said that everybody should be protected against noise and if something must be done to insure this protection, that would be fair. However, he wanted to know if they would be at a competitive disadvantage with their lots versus other lots in the area. Mr. Hedges said Mr. Sather was referring to the Prettyman subdivision. Mr. Hedges said that noise related conditions were not made a part of the Prettyman platting process. Mr. Hedges suggested that they be put on notice that they make every effort to comply voluntarily. Jon Hohenstein, Assistant to the City Administrator, said that a guidebook is available from the Metropolitan [)(.;:36;5 Page 12/EAGAN CITY COUNCIL MINIMS October 16, 1990 Council as to the compatibility standards. He said the standards are not onerous and are more 'detail" items, such as, 2" X 6" walls, caps on chimneys, elbows on vents, etc. Councilmember Wachter said that these same standards could be interpreted as energy conservation measures. Mayor Egan then asked Mr. Sather if it would be beneficial to the Hellers to continue the item. Mr. Sather said he thought the Hellers would like to move forward. He then asked if at the time of the building permit, other lots could be required to meet the standards. Mr. Hedges said that these requirements have only been made a requirement of platting. Wachter moved, Pawlenty seconded, a motion to approve the preliminary plat for Heller Addition, consisting of a four lot subdivision of approximately 2.6 acres of R -1 with the following conditions: 1. These standards conditions of plat approval as adopted by Council action on July 10, 1990, shall be complied with: Al, B1, B2, B3, C2, El, Fl, G1 and Hi. 2. The development is subject to a cash dedication fee in accordance with the City's Comprehensive Water Quality Management Plan. 3. All existing wells and septic systems on the site shall be plugged and abandoned according to the Department of Health and City requirements. 2. 4. All lots will be required to connect with City sewer and water. 5. The driveway for Lot 2 shall be reconstructed to shift the driveway so it is completely on Lot 6. The builder shall insure that new residential dwellings located within it be designed and constructed to achieve an interior sound level of 45 dBA. 7. The developer shall insure that he/she shall inform prospective buyers that the subject property is within an aircraft noise impact area and that the buyer should judge the nature and extent of the impact personally. #543. 8. The developer shall waive any right to object to the assessments associated with City Project Aye: 5 Nay: 0 WAIVER OF PLAT/CITY OF EAGAN R 90.81 Gustafson moved, Wachter seconded, a motion to approve a rezoning from AG to PF and a waiver of plat in order to split tax parcel 10- 02200- 010-02 subject to a favorable action by the Advisory Planning Commission for the Comprehensive Guide Plan amendment at their next regular meeting to be held on October 23. Aye: 5 Nay: 0 RECEIVE BIDS/AWARD CONTRACT (STAFFORD PLACE) After introduction by Mayor Egan, the City Administrator said discussion of the background of this item had been before the City Council on numerous occasions. Mr. Hedges said bids had been received and now some questions needed further discussion as to the review of the bids, the situation regarding easement acquisition and where this project is going. He said the Council may wish to defer consideration of the project to the Public Works Committee. Page 13/EAGAN CITY COUNCIL MINUTES October 16, 1990 Director of Public Works Colbert said that this project consisted of three major portions: 1) construction of a storm sewer from the Braddock Trail low point, along school property, over to an existing storm sewer system in Northview Park Road and then into the trunk ponding system, thereby intercepting a significant drainage area from the Stafford Place which presently congregates down to the common rear lot lines between New York Avenue and Vermont. He said in order to accomplish this significant portion of the improvement, it would be necessary to reconstruct the intersection of Ventnor Avenue just east of Braddock Trail to allow drainage to continue down Braddock and prevent it from turning the corner and getting into the backyard drainage areas. Mr. Colbert said that the other portions related to reconstructing the intersection of States Avenue with Pennsylvania intercepting drainage from the eastern portion of Stafford Place and allowing it to continue down Pennsylvania Avenue rather than turning the corner and getting into Vermont Avenue cul de sac down and into the backyard drainage areas through side lot lines. The third aspect of the improvement was the construction of additional ponding areas in the rear yard areas to detain the storm water for a limited time until capacity in the existing storm sewer system was available to allow it to drain out. In order to do these ponding areas the City would have to do grading in backyards to create the two detention areas. Mr. Colbert said one other aspect of the project was to repair some of the erosion problems that result after the restoration from Frontier takes place. He said these plans were prepared and have been reviewed with the affected property owners. The Director of Public Works said that all lots impacted would require the City's contractor to enter their property temporarily to do the reconstruction and restoration. He said of 19 property owners impacted, only 5 had provided any firm commitment to allow the City to perform this work. He said that due to the lack of ability to obtain rights of entry, staff had serious reservations about recommending the Council continue with this contract. In addition, Mr. Colbert said that as a result of the bids, the costs are greater than what was estimated in the feasibility report or engineer's estimate. He said the engineer's estimate is higher because of some additional costs and work with the residents. The Braddock Trail storm sewer bid came in about 7% over the original feasibility report. The street reconstruction for three areas came in 63% over estimate because of irrigation systems that had to be relocated, etc., and the backyard drainage areas came in 66% over the estimate. He said that the biggest impact, however, would be the installation of the storm sewer from the low point of Braddock Trail including the reconstruction of the intersection at Ventnor. He said that although the City has not received the consent of the two affected property owners, the changes would be an improvement so he anticipated agreement. By making these improvements, Mr. Colbert said the low bid portion of the overall contract would be approximately S75,000 with the other S72,000 relating to the other intersection reconstruction and back yard construction which staff does not feel is quite as necessary at the present time. He said that as the development fills out with sod and landscaping, the impact of severe storms would be less in the future. The Director of Public Works said the Council could consider awarding a portion of the contract if necessary that would incorporate just the Braddock Trail portion or award the entire contract and then delete the backyard drainage improvements and interesection reconstruction until such time as all property owners would agree to the project. He said perhaps it could be tied to a certain date and if agreement was not reached by that time, a change order could delete that improvement. Mr. Colbert said a second alternative would be to just award that portion of the contract that pertains to the Braddock Trail storm sewer and related intersection and then when the residents felt that there was sufficient need for the City to spend the additional 572,000 and were all in agreement, it could be rebid or added back in by change order. Mr. Colbert said that the recommendation of City staff would be to award the contract for the Braddock Trail storm sewer and related intersection only with anything further to be considered at a later date when the Qty has full concurrence by all affected property owners. The Mayor asked if it was likely the contractor would be unhappy about receiving the contract and then having a portion of the project deleted. Mr. Colbert said that the majority of the project is utilities with the remainder being subcontractor work. Mr. Colbert said that one contractor is the low bidder on all portions of the contract, regardless of which options are chosen. 3{ X67 Page 14/EAGAN CITY COUNCIL MINUTES October 16, 1990 After stating that he saw no reason to take the issue back to the Public Works Committee, Councilmember Wachter moved, McCrea seconded, a motion to award the Braddock Trail and Ventnor Avenue intersection portions of Contract 90-14, Stafford Place Drainage Improvements, to the lowest responsible bidder and that the remainder of the contract not be awarded until all impacted property owners agree to the improvement. Mayor Egan said the City had made its best effort to solve this problem and the entire neighborhood could benefit from a cooperative effort of the neighbors. While he knew it was for different reasons, Mayor Egan said it was difficult for the City to try to solve this problem when only 5 of 19 property owners are cooperating. Mr. Blaine Duxberry said he had been engaged in this process for a little over a year. He said progress must have been made as the first night the chambers were full of neighbors from Stafford Place and now only three residents were present. He thanked the Council for addressing the problem and he asked that they not allow the neighborhood to go into winter without something being done. In addition, since Mr. Duxberry said his backyard has been a "collection point" for 55 acres of drainage, he asked the Council to consider some restoration of his backyard. He also said if the entire project was not going to go forward, his backyard would continue to be a problem. Director of Public Works Colbert said that historically when staff has received these types of requests, the property owners have been informed that the restoration of their yards is their responsibility. He said that the City was spending $75,000 to fix the problem and if all property owners would sod their property and if Frontier would hold to their responsibilities, the problem could be solved. Councilmember McCrea said based on some of the restoration requests, she was concerned about setting a precedent. Mayor Egan said he concurred and added that it would set an adverse precedent to fix some properties while deleting the project for so many other homeowners. Ms. Judy Ryan, a real estate agent from Coldwell Banker, said that some day these property owners would be sellers and if the word on the street is that Stafford Place has a problem, it may not be in their best interests to stand in the way of a solution. Mr. John Glynn said he appreciated the Council's efforts but said he was reluctant to stop now and perhaps additional meetings were in order. He said they needed the Council's support. City Administrator Hedges said that Mr. Glynn had approached his office with an estimate for tree replacement on his property. Mr. Hedges said estimates should go to Frontier and that the City would support the neighbors in their restoration efforts with Frontier. Director of Public Works Colbert said he had reservations about continuing with the other segments of the improvements as once Stafford Place is fully developed and landscaped, most of the drainage problems in the Stafford Place development would be solved. He said to his knowledge there had been erosion problems only and no structural damage or flooding of homes. Mr. Duxberry said it was premature to suggest there had been no structural damage. He said that would have to be evaluated. Councilmember McCrea said she had significant concerns about incurring additional staff and attorney time to "beg" property owners to give the City rights of entry to their properties to fix something that is to their benefit. She said she would not support any additional staff time in this development as the residents of Stafford Place had come to the City Council asking for help in fixing this problem, and then after spending many hours of staff time, they now refuse to give rights of entry on their property. Page 15/EAGAN CITY COUNCIL MINUTES October 16, 1990 Mayor Egan said the City could live with just the portion of the project along Braddock because of the lack of cooperation; however, in good faith, he said he believed it should be kept in place until staff persuaded the City Council that it is prudent to delete that portion. Up to this point, other than the fact that there has been a lack of cooperation by adjacent property owners, he said he had not seen any engineering reasons to delete a portion of the project. Councilmember McCrea said that perhaps the direction should be to work with the engineering consultant. Mayor Egan suggested a friendly amendment to the motion before the Council that the entire project remain in place unless or until staff provided Council with sufficient justification to formally delete that portion of the project. Director of Public Works Colbert said that Engineering was recommending only a portion of the project not just because of the lack of cooperation of property owners, but also because of the bids were well beyond what had been estimated as feasible. Mr. Colbert said after looking at cost estimates, it would be difficult from an engineering perspective to recommend these additional inprovements. Councilmember Pawlenty said he was disappointed by the lack of cooperation of the neighborhood on this project. He said he thought they were going in the right direction in terms of moving ahead with the first segment but was concerned about demands from certain property owners for compensation for additional improvements. He added that if staff goes back with the direction of trying to work this out, they need to be mindful of how many dollars the City is willing to pay. He said an agreement could probably be reached if demands are met but those demands could get very expensive for the City. The Councilmember said if negotiations were to continue with the neighbors it should be with the understanding that the dollars are not going to get out of control. He said he did not think the City should go out for bids until such time as all neighbors were in concurrence. Mayor Egan said there are limits on what the City could do. He said there are other similar situations and the City could not devote the time and attention to a neighborhood to try to get them to cooperate. He the project was undertaken to benefit the neighborhood and is a collective neighborhood issue but there are limits as to what the municipal responsibility is to the neighborhood. Councilmember Wachter said the City should go ahead with the first portion of the project and delete the second portion. Further, he said that the rest of the project should not be considered until that time when the residents come to the City with their requests and a unanimous opinion that they will work with the City. He questioned whether the second portion of the project is really needed and said perhaps the first portion would solve the problem. Councilmember McCrea said she would like to see to project remain whole, however, she did have concerns about offering personal property owners restoration dollars. She said each year there are major problems and questioned where it would stop. Councilmember Gustafson said it was his recollection that $5,280, or Item H of the costs listed in the feasibility report, was earmarked for restoration. He said it may have been eliminated since it was put in the project, however, at one time it had been included. He said if the Council was changing its mind and didn't want to do any restoration, he was unaware of it. The Councilmember said after having made the decision to go in and make the improvements, the Council has repeatedly received modified plans. In addition, Engineering has maintained from the outset that when Stafford Place is sodded and established, many of the problems will be eliminated. Councilmember Gustafson said that if the Council voted to go ahead with the first part of the project, he recommended that the balance be considered only when and if the neighbors came to the Council with the package they had all unanimously agreed to and at that time, Council could consider completing the package, including restoration. Councilmember Wachter said the motion for consideration was to complete the Braddock Trail segment of the project including the Ventnor Page 16/EAGAN CITY COUNCIL MINUTES October 16, 1990 intersection and if the residents came back and said they were willing to work with the Council and staff, then he would be receptive to further improvements. Aye: 5 Nay: 0 GIBRALTAR DRAINAGE STUDY McCrea moved, Gustafson seconded, a motion to direct the Public Works Committee to meet with Mr. Jerry Borden of Bonestroo, Rosene, Anderlik and Associates, the Director of Public Works and the City Administrator to discuss and prepare a findings regarding the Gibraltar drainage study. Aye: 5 Nay: 0 REQUEST TO CHANGE CONDITION ON SPECIAL USE PERMIT U S WEST NEW VECTOR After introduction by Mayor Egan, the City Administrator said that a letter had been received from Mr. Bill Buell, of Dahlgren, Shardlow and Uban, asking for reconsideration of one of the conditions placed on the Special Use Permit for U.S. West New Vector. He said they are asking that the driveway on the Safari Reservoir site be widened to 10' rather than the "6 or 7 feet" already approved with the permit. Mr. Hedges said the question has been raised that if an application is approved and a change is made to a condition, should the item go back through the process. He said that the City's Public Works Department agrees that 6' is not adequate for a driveway to service the facility and is a legitimate concern from New Vector's point of view. Mr. Hedges said that Paul Thomas of Mentor had contacted City offices and indicated they were aware of the issue and would appreciate an opportunity to be heard regarding a change in conditions. Councilmember Pawlenty asked why Mr. Thomas was not present if he wished to be heard on the issue. Mr. Hedges said Mr. Thomas indicated they had not been officially noticed on the issue. Director of Community Development Runkle said that in processing the application, it was the condition in question had been reached with the input of affected properties. He said that changing it without getting additional input, would negate the process. Councilmember Wachter said that would mean a continuation. Mr. Hedges said it would not have to go back to the Planning Commission but would come back directly to the City Council. He said there would be a three week delay before the next meeting and which would allow advertising and noticing the adjoining residents. Councilmember Gustafson said the permit condition allowing 6' for a vehicle driveway would seem to be totally realistic and to recognize that would only be common sense. He said he would have no problem changing it to 8' without sending it back through the process. He said if that is a policy issue, perhaps further clarification would be needed on adding conditions to a preliminary plat without the owner being present such as with the Heller plat. Councilmember McCrea said that the area is surrounded by single family homes and any change should require renoticing. Councilmember Wachter said he would agree to 8' but beyond that felt it would have to go back through the process. Mayor Egan said that an 8' drive would be in keeping with the spirit of the approval and anything beyond that would not. Councilmember McCrea asked if something had been approved by Council with a specific number of feet, whether staff had the discretion to change that? She asked what kind of discretion does the staff and Council have? City Administrator Hedges said that the issue had been discussed earlier and it was the consensus of the staff that any deviation in conditions would be have to be ruled on by the Council. In addition, he said that once conditions became part of the public record, they could be interpreted but not altered. Page 17/EAGAN CITY COUNCIL MINUTES October 16, 1990 Mayor Egan then said the matter should be returned through the process and residents noticed of the request to increase the width of the driveway. There was no dissent. Mr. Bill Buell said the area is presently under construction and it has become apparent that a 6' wide drive will not be adequate. He said they have suspended construction to resolve this issue as a retaining wall would have to be moved if the driveway width is increased. SST Wachter moved, Egan seconded a motion to approve the checklist dated September 30, 1990, in the amount of $1,217,604.96 and the checklist dated October 16, 1990, in the amount of $1,218,923.86. Aye: 5 Nay: 0 �C rIVE SS1Q T The City Council adjourned the regular meeting to an executive session to consider attorney /client privileged information at 9:40 p.m. Those in attendance were Mayor Egan, Councilmembers Gustafson, McCrea, Pawlenty and Wachter, City Administrator Hedges and City Attorney Sheldon. The executive session was adjourned at 11:30 p.m. CITY OF EAGAN ICF E. J. Overbeke, City Clerk