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11/20/1990 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota November 20, 1990 A regular meeting of the Eagan City Council was held on Tuesday, November 20, 1990, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Gustafson, McCrea, and Pawlenty. Also present were City Administrator Hedges, Community Development Director Dale Runkle, Director of Public Works Tom Colbert, and City Attorney James Sheldon. AGENDA Mayor Egan said that just prior to the meeting, the City recelved notification that Crown Coco, Inc., had requested that their appeal to the Board of Appeals Adjustments be dismissed. Residents from the Fairway Hills development had requested the opportunity to address the City Council and Mayor Egan recommended that they do so prior to beginning the Consent Agenda. In addition, he recommended that, in the absence of any Department Head Business, two agenda items also be heard at the beginning of the meeting. Those items from the Administrative Agenda were: Item 1. Donated Bam /Bob Engstrom Item 2. Ice Arena Committee Update Noting these changes, Wachter moved, Pawlenty seconded, a motion to approve the agenda for the November 20, 1990, regular City Council. Aye: 5 Nay: 0 MINUTES Mayor Egan recommended the following clarification to the minutes of the November 8, 1990, regular City Council meeting: Page 13, last paragraph, add the word 'daily' to the end of the 7th sentence. McCrea moved, Gustafson seconded, a motion to approve the minutes of the November 8, 1990, regular City Council meeting as amended. Aye: 5 Nay: 0 Gustafson moved, Wachter seconded, a motion to approve the minutes of the November 1, 1990, special City Council meeting. Aye: 5 Nay: 0 NEIGHBORHOOD DRAINAGE ISSUE /FAIRWAY HILLS Mayor Egan said he had been contacted by residents who live in Fairway Hills adjacent to Parkview Golf Course who were experiencing drainage problems in the backyard areas of their homes. Mayor Egan said Ms. Diane Shelby had requested the opportunity to address the Council and would serve as a spokesperson for her neighbors. Ms. Gloria Goodland, Don Goodland and Diane Selby approached the Council and Ms. Goodland said that they live in the Fairway Hills development and their yards back up to the golf course. She said they had experienced drainage problems which were even more pronounced during the storms in July. She said it was at that time that she and her neighbors became aware that property covering 25 acres drained through their backyards. Ms. Goodland said they had talked to Don Larson, owner of Parkview Golf Course, and found that the City had a pending lawsuit against the golf course. She said that they asked Mr. Larson if their drainage problems could be solved at the same time as the lawsuit is settled. She said Mr. Larson Page 2 /EAGAN CITY COUNCIL MINUTES November 20, 1990 told them he 'would do whatever is necessary' She said they also asked the City to provide solutions; however, Ms. Goodiand said that the solutions recommended were too severe and would devalue their property. She said that one of the neighbors had regraded his property and now runoff was directed toward her home. Ms. Goodiand said the neighbors want to get the drainage swale off their yards. She said they want to be part of the solution with the golf course. Ms. Diane Selby then showed a brief videotape of their backyards during the last major rain storm. She added that they were concemed about safety and the value of their homes. Mr. Joe Miller, also a resident of Fairway Hills, reiterated concerns about the drainage problems he and his neighbors were experiencing. Mayor Egan said he had talked to Director of Public Works Colbert and City Administrator Hedges and asked that additional information be prepared for presentation to the City Council. He asked that a report on the issue be made a part of Department Head business at the December 4, 1990, regular City Council meeting. ADMINISTRATIVE AGENDA DONATED BARN /BOB ENGSTROM After introduction by Mayor Egan, City Administrator Hedges said that Mr. Bob Engstrom owns a barn that he would like to donate to the City. Mr. Hedges said if the Council had any interest in accepting the barn, it could be dismantled and stored until which time the Council decided its use. Councilmember Wachter said the structure was a small bam and is the approximate size of a triple garage. He said if the City can put the bam to good use, it would be wrong not to accept it; however, he said if the City had no use for the structure, there would be no point in incurring any expense. Councilmember McCrea said that the bam may have some historical significance but if the barn cannot be put to good use, she was concemed about the expense involved. Mayor Egan and City Administrator Hedges then made several comments about possible uses. Gustafson moved, McCrea seconded, a motion to accept the bam from Bob Engstrom and refer it to the History Committee for study prior to any decisions on its future use. Aye: 5 Nay: 0 ICE ARENA COMMITTEE UPDATE After introduction by Mayor Egan, City Administrator Hedges said that the Ice Arena Committee has been meeting for the past few months and periodic updates have been provided to the Council. Mr. Hedges said that their final meeting will be in December and it had been recommended that an executive committee consisting of members of the City Council and Ice Arena Committee be formed to review the findings of the Committee and make a final recommendation to the entire Council. After further discussion, it was determined that Councilmembers Gustafson and McCrea would serve on an Executive Committee to review the findings of the ice Arena Committee with provision for a recommendation to the entire City Council at a later date. No formal action was taken. Page 3 /EAGAN CITY COUNCIL MINUTES November 20, 1990 f T E NI7A iN Various points were discussed regarding items on the Consent Agenda. The Council was pleased to note a Change Order for a Deduction from the overall costs under Item D, Contract 89-13, Cliff Road Water Treatment Facility. In addition, a clarification was recommended for Appointments outlined under Item C, Ratification, Policy Regarding Appointments to Boards, Committees and Commissions. A. Personnel Items Item 1. It was recommended that the hiring of Bonnie Blood as a temporary Recreation Programmer be approved. #4 B. Plumbers Ucenses It was recommended that the Plumbers Ucenses be approved as presented in Exhibit A. C. Ratification. Policy Regarding A000intments to Boards. Committees and Commissions It was recommended that item 1D, under Policy /Appointments be changed to read: 'Appointees shall not serve more than 9 years or 3 consecutive terms, whichever is greater." It was recommended that the policy regarding appointments to boards, committees and commissions be ratified as amended. D. Contract 89 -13. Cliff Road Water Treatment Facility It was recommended that Change Order #4 to Contract 89-13 (Cliff Road Water Treatment Facility) be approved and the Mayor and City Clerk authorized to execute all related documents. E. Contract 90 -16. Approve Plans /Authorize Advertisement for Bids (Pump and Well Repair #3 It was recommended that the plans and specifications for Contract 90 -17 (Pump and Well Repair #3 and #4) be approved and the advertisement for a bid opening authorized to be held at 10:30 a.m. on Thursday, December 13, 1990. F. Final Plat. Woodlands North Addition R 90.86 It was recommended that the final plat for Woodlands North Addition be approved. G. Contract 90 -16, Receive Bids /Award Contract (Woodlands North Streets and Utilities It was recommended that the contract proposal for Contract 90 -16 (Woodlands North Streets Utilities) be approved and the Mayor and City Clerk authorized to execute all related documents. H. Chanae Order #4, Contract 90-04 (Rahn Road Street Reconstruction) It was recommended that Change Order #4 to Contract 90-04 (Rahn Road Street Reconstruction) be approved and the Mayor and City Clerk authorized to execute all related documents. Page 4 /EAGAN CITY COUNCIL MINUTES November 20, 1990 I. Contract 90 -1, Approve Change Order #1 (Carlson Lake Park Wescott Station Park) It was recommended that Change Order #1 to Contract 90 -1 (Carlson Lake Park Wescott Station Park) be approved and the Mayor and City Clerk authorized to execute all related documents. J. Stipulation Agreements. Special Assessments. R. J. O'Neil. Project 443 (Trunk Storm Sewer and Project 461 (Yankee Doodle Road Streets) It was recommended that the Stipulation for Settlement for assessment appeals for Project 443 be approved, the Stipulation for Settlement for assessment appeals for Protect 461 be approved, and the Findings of Fact and Order for Judgment for Project 461 be acknowledged. McCrea moved, Gustafson seconded, a motion to approve the Consent Agenda with the changes previously noted. Aye: 5 Nay: 0 VACATION/WESCOTT GARDEN LOTS After introduction by Mayor Egan, City Administrator Hedges said this public hearing had been continued to this meeting due to the uncertainty of the Woodlands North Addition plat. Because the plat has now been approved, portions of Rodger Street, Cedar Street and Birch Street need to be vacated and incorporated into the plat. Director of Public Works Colbert said that all notices had been published in the legal newspaper and all affected property owners notified. There was no public comment. Pawlenty moved, Wachter seconded, a motion to close the public hearing and approve the vacation of portions of public rights -of- way for Rodger Street, Birch Street and Cedar Street and the Mayor and City Clerk authorized to execute all related documents. Aye: 5 Nay: 0 COUNTRY HOME HEIGHTS /PROJECT 605 STREETS, STORM SEWER STREETLIGHTS After introduction by Mayor Egan, City Administrator Hedges said that at the August 7, 1990, regular City Council meeting a public hearing was held regarding storm sewer improvements associated with Project 595 in Country Home Heights. At the public hearing, a number of residents commented that if improvements were to be made, street improvements should also be addressed. The City Council, therefore, denied Project 595 and authorized the preparation of a new feasibility report for streets and storm sewer improvements. Streetlights were also Included in the project as their installation at the time of other improvements is more economically feasible. An informational meeting was held on November 13 to explain to residents what the report means and what Project 605 would consist of. Mr. Joe Harrison presented a petition to the City Council from the neighborhood. Director of Public Works Colbert then introduced Mark Hanson, of Bonestroo, Rosene, Anderlik and Associates, for a breakdown of the project. Mr. Hanson said that Country Home Heights is located north of Lone Oak Road and East of Pilot Knob Road and is one of the older subdivisions in the City and one of the last with gravel streets. Mr. Hanson said the improvements include storm sewer, streets and streetlights. The storm sewer Is broken into two sections consisting basically of laterals which are proposed to be assessed with the exception of the storm sewer in Egan Avenue which extends from Pilot Knob Road to the Page 5 /EAGAN CITY COUNCIL MINUTES November 20, 1990 park. The street improvements provide basically for the upgrade to bituminous with concrete curb and gutter. He said It was proposed at this time that the street be 32 foot wide which is the standard residential width in the City of Eagan. M assessments are on a per lot basis with full lot and partial lot equivalents. Mr. Hanson said that the streetlight improvements extend beyond the improvement area and some additional Tots are proposed to be assessed for those streetlights. He said there were 29 streetlights proposed and their installation would be coordinated with NSP. He said the cost for the improvements would be for lateral storm sewer, trunk storm sewer, streetlights, and streets for a total of $662,090. Mr. Hanson said that the only cost to be assessed would be for lateral storm sewer, streetlights and streets. He said the total assessment per lot for these improvements would be $10,170. He said that if they were included on the property tax statements, they would be spread over 15 years at 9 percent Interest. Before beginning the public hearing, Mayor Egan made several comments. He said he was elected to represent 18,000 homes in the City of Eagan. Mayor Egan said that Project 605 affects his own home as he lives In Country Home Heights. He said that while he has done some research Into the Issue, he said he could not vote and would abstain from voting on the project. Mayor Egan then went on to say that he would field questions but would not be involved in the discussion. The public hearing was then opened for public comment. Mr. Joe Harrison, 2811 Beam Lane, said he had lived in Eagan for 40 years. He said his home is in a flood plain and he said that would not change even if storm sewers were installed. He then asked why this improvement was not done with the upgrade of Pilot Knob Road. He said it would have been more feasible and reasonable then. Mr. Harrison then went on to say there are a number of retired people in Country Home Heights who would have to pay these large assessments and between the assessments and taxes, they would be driven from their homes. Mr. Harrison said the improvement was not necessary and approximately 50 people did not want the improvement while only 5 did. The next resident to speak said if any of the homeowners had equity in their homes, it would be wiped out with this improvement. He said that airport noise has already devalued their properties. Ms. Liz Nelson of 2998 Burnside Avenue said that when petitions for improvements were explained, there were only two ways to order a feasibility report prepared. She said those two ways were to have a recognized petition of the homeowners or an order from the City Council. She said they have presented a petition with 71 homeowners' names and at least 70 percent of those do not want the improvement. She asked who had ordered the study. City Administrator Hedges said that the City Council had made that determination. He said there were a number of reasons why the City Council could order improvements and some of those dealt with health, safety and welfare issues. Mr. Hedges said that after considering public comment at the public hearing on Project 595, the City Council had ordered this feasibility report. Mr. Gene Sell of 2984 Bumside Avenue said he was opposed by arithmetic. He said Country Home Heights has a number of retired people and working people who are worried about lay -offs, wars and we are looking at almost $5,000 per year for this assessment. He said right now many of them cannot afford this kind of improvement. Mr. Sell said that working people were hurting and someone had to say no. Mr. Joe Christiansen, 2885 Egan Avenue, said he was one of the people who had asked for the feasibility report because of a continuing drainage problem. He said it was not the first time he had raised the issue. Mr. Christiansen said that Mr. Harrison asked earlier why the improvement wasn't done with the upgrade of Pilot Knob Road. Mr. Christiansen said he had asked that it be studied at that time and a study was done. However, when the vote was taken, two of the Councilmembers voted for a limited Improvement and two voted for a larger project and with Mr. Egan abstaining, no majority was reached. He said that because it was not the necessary 4 /5ths majority, the project was not ordered In. Mr. Christiansen said he had experienced significant difficulties because of the amount of water coming down the hill near his home. Page 6 /EAGAN CITY COUNCIL MINUTES November 20, 1990 Mr. Christiansen's neighbor, Mr. Jim Burt, had also experienced these problems and rather than decreasing, their problems were increasing. Mr. Christiansen said he had again raised the issue with the City Council this spring and because of their request, the City Council had asked that a feasibility report be prepared to look at the entire picture. Mr. Christiansen said that theirs is a legitimate problem because there Is a municipal park that floods and that In tum floods the streets and his property. He said he felt the City had a legitimate obligation to solve these problems and the longer it goes, the cost of the improvements would continue to go up. He said the latest numbers were multiple of what they were when the original proposal was made. City Administrator Hedges said that Mr. Christiansen had raised the issue of a senior citizen deferment for those retired persons In Country Horne Heights. He said the senior citizen deferment is based on age and, if the project is approved, senior citizens may wish to check this option. He said a number have been approved in the past. Mayor Egan asked Director of Public Works Colbert whether these improvements would correct the flooding. Mr. Colbert said that presently there is no storm sewer outlet in Country Home Park and, therefore, no way to calculate the magnitude of any flooding impact in that area based on any storm. Mr. Colbert said because there was no way to drain off water that may accumulate in that area and without knowing how much is retained, he said it was difficult to identify the maximum elevation of any storm. He said with the installation of these improvements, the maximum elevation that waters should reach based on a hundred year storm could be calculated. He said the Improvements would allow water to drain away as the rain is occurring as well as handling runoff from the rainfall. Mr. Colbert said that this project would define a "flood plain" or the maximum negative water elevation from a storm. Mr. Herb Kaiser of 2909 Egan Avenue said he did not go along with this project. He said he has never had a flooding problem. He said if the improvements are put in, the drains will freeze up and create a problem. He said his property has good drainage in the winter and he doesn't want and doesn't need this project. Because of additional comments by Mr. Kaiser, Director of Public Works Colbert felt that some areas needed to be clarified. He said the City is not trying to push this project through nor did any member of the staff say it would probably be approved. He said he stated at the informational meeting that he did not know whether the project would be approved, but there were only three possibilities and they were: 1) approval, 2) denial and 3) continuance. Mr. Kaiser said he is hard of hearing but admitted he might have heard that. Mr. Kaiser said that the project was not wanted. He also made the comment that if a senior citizen were to request a senior citizen deferment, by the time they got through paying the interest, they may as well turn their property over to the County. Mr. Glen Hintz, 2844 Beam Lane, said that he appreciated Mr. Christiansen's problem; however, he felt there were a lot less expensive ways to solve the problem. He said all that would be necessary to solve these problems would be to raise the street, bring in some fill for some of the surrounding properties, and let the water drain into the park where it would percolate away, usually within two days. Mr. Jay Olson of 2893 Fairlawn Place said that while he did not like the project, he felt Mr. Christiansen had the right to speak. He said as far as the water problems go in the park, it is sandy soil and any water was absorbed very quickly. He said it was only when it was frozen that a problem was created. He said he didn't want the streets but would consider sewer only. Mr. Chuck Maloney, 2970 Egan Avenue, said he has had a 15 inch storm sewer pipe in his backyard since 1978 that the City didn't know was there. He said it was put In by Mr. Popplar to trade off how Eagan Avenue went. He said just this spring between his lot and the adjoining lot, there was stx feet of water. He said his children have skated on the area in the winter. Mr. Maloney said that he also would like to know why the project was not put in with the upgrade of Pilot Knob Road. In answer to a question by Director of Public Works Colbert, Mr. Maloney said that there were no spring or snow melt problems with the area. Page 7 /EAGAN CITY COUNCIL MINUTES November 20, 1990 Mr. Jim Burt of 2891 Egan Avenue said he appreciated the opinions and the financial difficulties of his neighbors. He said he has only been in his home six years, however, the drainage problems have gotten progressively worse. He said the culvert near his property fills up and then the sludge runs into his yard. Mr. Burt said he did not contact the City until the problem became overwhelming. He said City crews had been out to clean the sludge out of his yard and rout out the culvert. He said the problem needs to be taken care of before the runoff next spring. Mr. Burt said he had gone through the proper channels and came to the meeting, voiced his opinion and the City Council ordered a feasibility study prepared. Mr. Burt said a number of his neighbors acted like he had initiated the feasibility study, however, it was ordered by the Council. He said the rest of Eagan had hard surface road and he would like to see them installed in Country Home Heights also. Mr. Burt said all he has ever asked Is being entitled to his own opinion and having the right to have the problem taken care of by the City. Mr. Les Jones, 2850 Violet Lane, said he believed there were problems with water in the neighborhood; however, he wondered why such an elaborate plan was necessary. He said if street Improvements are needed, why was It necessary to have curb and gutter and not just blacktop. He said other cities had used just blacktop, which he said would be much cheaper than what was being proposed. Mr Jones said he would like to see the City take a common sense approach to the problem and have the problem solved without all the additional improvements and associated costs. Director of Public Works said that it is City policy that when a street is installed that it Is to City standards and that City standard is concrete curb and gutter with bituminous surfacing and storm sewer catch basins to handle the runoff from the street. He said the City has not deviated from that standard. He said that with blacktop surfacing, runoff is increased and concrete curb and gutter are then needed to handle that runoff. He said the only things that would be gained with blacktop are minimizing the amount of road grading that would have to be done and the amount of restoration of wash -outs needed after rain storms. He said without concrete curb and gutter, the edge of the blacktop surface would gradually break up thereby increasing maintenance costs. Mr. Jones said that not all roads were built with concrete curb and gutter. Mr. Colbert said that all of those not build with concrete curb and gutter are roads with rural ditches. However, he said Country Home Heights is graded to an urban design and does not have these deep ditches nor is there room to add them. Mr. John Klein of 1495 Lone Oak Road said he did not live in Country Home Heights but a question had been asked as to why the improvements had not been put in earlier. He said there was a program to do the improvements with the upgrade of Pilot Knob Road, but the residents did not want It then and that's why there are problems there today. Mr. Jeff Rayburn of 2947 Inland Road said he had lived in Country Home Heights five months. He said he purchased it because it had a neighborhood atmosphere. He said the neighborhood is older and not antiseptic like some neighborhoods are. He said he has children and can't afford the improvements and can't imagine how the retired people In the neighborhood will pay for the Improvements. He said it was clear that not all senior citizens would be qualified for a senior citizen deferment and he recommended that anyone who is considering such a deferment clarify whether they are qualified before they leave this evening. Mr. Raybum said the neighborhood was built to be rustic and he prefers that it stay that way. Ms. Dottie Ginsburg of 2816 Beam said that she had already mailed a letter to the City for consideration but wanted to say she liked the atmosphere of the neighborhood and would like it to continue. Mr. Bud Lutz, 2960 Egan Avenue, said he had concems about what would occur if the roads were improved and traffic increased. Mr. Lutz said that people drive slowly through their neighborhood now because they have to, but wondered if they would if the street were a 32 foot wide bituminous road. Mayor Egan asked Director of Public Works Colbert whether a traffic study had been done and what the impact would be of people taking short-cuts through the neighborhood. Director of Public Works Colbert said that no formal study had been done. He said short- cutting is a human behavior that could not be measured. Page 8 /EAGAN CITY COUNCIL MINUTES November 20, 1990 Mr. Colbert said that a traffic count had not been done on a gravel road but could be done. Mayor Egan then asked the Director of Public Works what the criteria was for the City to reduce a 32 foot roadway down to a 28 foot roadway. Mr. Colbert said that cul -de -sacs or streets projected to cany less than 300 vehicles per day could be reduced from 32 foot to 28 foot. Mr. Mike Ekblad, 2860 Pilot Knob Road, said he had sent a letter to the City Council regarding this issue. He said he was under the impression that a 15 inch storm sewer would not handle major storms. He said runoff has not been handled on Pilot Knob Road either. He said he did not understand the need for a street as wide as 32 feet. He then questioned the need for streetlights as they have not been shown to deter crime. But he said if streetlights were to be installed, he hoped that they would operate on an alternate fuel. As to the history of Country Home Heights, Mr. Ekblad said that Mr. Poppler had sold a number of lots to Marcel Bums, who in tum sold seven lots to the City. Mr. Ekblad said that they were considered unbuildable. The City built a park on five lots and then sold two of the lots. Mr. Ekblad said that the City knew there was a problem with the lots then and they should have thought of a solution at that time. He said the water problems in the area had been ongoing during the 40 years he has lived there. Mr. Ekblad said the Ctty should consider percolation of water into the ground rather than adding to the problems with more blacktop and the resulting silt flowing into Poppler Pond and LeMay Lake. In addition, if the improvements are put in, the storm sewer should be assessed to all Tots including the City. Mr. Joe Harrison said he would like to go back to the statement that storm sewers would alleviate the problem. He said the consulting engineers for the Ctty said it would not. He said he still could not understand why the improvements were not put in with the upgrade of Pilot Knob Road. Mr. Harrison added that with the senior citizen deferment, the interest still goes on. Mr. Mike Laughlin of 2905 Egan Avenue asked Director of Public Works Colbert if he had figures on the cost for the Ctty to keep the roads graded. Director of Public Works Colbert said he did not have actual records of the upkeep on gravel roads but have estimated that with grading, dust control and some rehabilitation to the road, It would be approximately $5,415 per mile per year. In comparison, Mr. Colbert said that for bituminous, including street sweeping, some catch basin cleaning, and sealcoating over a 20 year period would annualize to approximately $2,900 per mile. Mr. Colbert said that on top of routine maintenance costs, it would be necessary to add maintenance activities associated with major rain storms where culverts are plugged or washed out and temporary pumping, however, these costs have not been broken down. A resident then asked when staff figured the cost, whether they had included the difference in the cost of installation. Mr. Colbert indicated they had not. Mr. Joe Christiansen said that he had reviewed the information that had gone to the City Council. He said a statement was included in that information that staff was looking at whether the amount of the benefit was equivalent to the amount of the assessment. He went on to say that it was his understanding that preliminary analysis had shown that it was not. Mr. Colbert said that was accurate and that while the City did not know what the final costs would be, some contribution by the City was likely for this improvement. A resident asked whether the cost would be greater than what had been proposed. Director of Public Works Colbert said they did not anticipate additional costs as contingencies were built Into the estimates. However, ff it was shown that the costs were greater than 10 percent of projection, a new public hearing would be ordered for public comment. Councilmember Wachter said whenever they have had a great deal of opposition to a project, it has not been approved. He said he had made the motion to conduct the feasibility report, however, if the project is not approved, the study will be filed and used when necessary. Page 9/EAGAN CITY COUNCIL MINUTES November 20, 1990 Councilmember Gustafson said he would like to clarify several issues. He said the first was why the study was conducted. He said Mr. Christiansen and Mr. Burt have asked that flooding of their yards be corrected. After public input at the last public hearing, the Council decided to look at the entire package. He said he had seconded the motion to conduct this study. He said another question that was asked was why this improvement was not done In the past. He said that while he was not on the City Council, one resident had said it was not done because of a 2 -2 vote on a previous project and a second opportunity had been rejected because the residents had indicated it was not wanted. The Councilmember did say, however, that a $10,000 assessment was not realistic. He said that a time and place would come when gravel roads would be looked at again. He said that gravel roads in Country Home Heights cost more for upkeep, however, additional taxes are also necessary for the equipment needed to plow cul-de-sacs. He then asked whether the Council could make the statement that the roads in Country Home Heights would always remain gravel. He said he did not believe that in the long-term that would be a good decision. Councilmember Gustafson pointed out that costs will continue to increase and that the residents will either pay now or pay later. Councilmember McCrea said that notwithstanding the testimony that had been taken at the public hearing, the problems being experienced by Mr. Burt and Mr. Christiansen still needed to be addressed and she would be willing to take up the issue again at another meeting. Councilmember McCrea said she was concerned that the cost to maintain streets in Country Home Heights were twice as much as maintenance on other streets in the City. She said she was not proposing it now, but the Council may consider an assessment against the properties for these maintenance costs in the future. Councilmember Pawlenty said he was interested in the policy discussion regarding whether gravel roads should continue to exist in the City. He said he was also interested in the comment by Councilmember Wachter that an improvement has never been ordered in unless it was wanted by the neighborhood. Councilmember Pawlenty said that because 70 percent of the neighborhood was against the improvement, he gave their testimony great weight. However, he pointed out that Mr. Christiansen and Mr. Burt continue to have problems and the City had an obligation to address those problems. He said if the park floods and causes problems for adjacent property owners, then something has to be done about it. The Councilmember said that the policy question remains, however, and that is whether to allow gravel roads to remain forever. He said if the answer is yes, so be it. However, if the answer is no, the City is only delaying the inevitable and that could result in a costly solution. Councilmember Pawlenty said it was also pointed out that if the assessment is more than the increased value of the property, the City would have to participate in the cost of the improvements. He then asked the audience if the cost were $5,000 per lot, whether the neighborhood would support the improvement. (Approximately half of those in attendance indicated they would support the improvement at a cost of $5000 per lot). Councilmember Wachter moved, Gustafson seconded a motion to close the public hearing and deny Project 605 (Country Home Heights Streets, Storm Sewer and Streetlights). Councilmember Pawlenty said he would like to see some direction regarding the resolution of the problems in Country Home Heights. Councilmember McCrea said that costs to the City continue to go up every year and perhaps City participation should be included In the project because the cost to the City in maintenance would go down. Aye: 4 Nay: 0 (Egan abstained) In response to Councilmember Pawlenty's comments, Mayor Egan said the City did have an obligation to preliminarily resolve some continuing problems in Country Home Heights. The Mayor said he also wished to point out that Mr. Christiansen and Mr. Burt had not built homes on "unbuildable" lots. He said that the City had determined that the lots were buildable approximately 40 years ago. He said that if Page 10 /EAGAN CITY COUNCIL MINUTES November 20, 1990 the City helped Mr. Christiansen and Mr. Burt, it was not doing something to benefit them In a unique or specialized way but these two properties have a drainage problem and the City has, if not a legal, a moral obligation to help them resolve It Councilmember McCrea said that perhaps staff should be directed to bring back the types of immediate solutions that are available for the area. Councilmember Pawlenty said he would like to know the options. Councilmember Wachter said that it had been suggested earlier in the evening that the road be raised in the flooding area and he said he would like that option explored. Councilmember Gustafson said he agreed that staff should come back with some solutions as quickly as possible to address the flooding, however, he also thought a time limit should be set In which a policy decision regarding gravel roads would be discussed. Councilmember McCrea said that It was obvious the neighbors did not want paved roads in their neighborhood. She said that if the neighborhood wants gravel roads forever, she would like to see them petition and have it become a permanent part of the zoning ordinance, making Country Home Heights a unique part of Eagan. Councilmember Wachter said such a proposal would not be in the best interests of all concerned. Councilmember McCrea said she would be willing to do that or she would be willing to entertain a proposal from the neighborhood that said they were willing to commit to this project if the costs did not exceed $5,000 per lot. However, she pointed out any further action In the Country Home Heights neighborhood would have to be at the request of the residents. Mr. Chuck Maloney then asked exactly how many miles of gravel roads were In Country Home Heights. Director of Public Works Colbert said that there was approximately a mile and one -half with approximate maintenance costs of $8,100 per year. Mr. Maloney said that perhaps the Country Home Heights residents would be willing to offset the grader costs. :B fS E'SS. CONDITIONAL USE PERMIT /SAFETY KLEEN Mayor Egan said it was his understanding that this item had been recommended for continuance. Gustafson moved, Wachter seconded a motion to continue to the December 18, 1990 City Council meeting, further consideration of the Safety Kieen conditional use permit, to allow outdoor storage in an LI district on Lots 3 and 4, Block 1, Sibley Terminal Industrial Park. Aye: 5 Nay: 0 SPECIAL USE PERMIT /CUB FOODS After introduction by Mayor Egan, the City Administrator said that this item had been continued at the November 8, 1990 City Council meeting to allow the applicant to appear before the Council and answer questions. Mr. DuWayne Johnson said he is the applicant and an Eagan resident. Mr. Johnson said he had applied for a special use permit after the fact because he had called the City to see if a permit was needed and had not received an answer. He said he was originally on the sidewalk with ropes around the area, however, had been recently moved into the parking lot. He said if this created a problem, he would prefer to be moved to the north end of the building on the sidewalk which was wider than in the front of the building. Councilmember McCrea asked Mr. Johnson if his was considered a small business. Mr. Johnson said it is a small family owned business. Mr. Johnson said his hours of operation would be 9:00 a.m. to 9:00 Page 11 /EAGAN CITY COUNCIL MINUTES November 20, 1990 p.m. every other Saturday and Sunday. In answer to Councilmember McCrea's question Mr. Johnson said that when he is not conducting sales in the Cub parking lot the vehicle is taken off-site. Councilmember Wachter said that when Cub came to the City with a landscaping sales proposal, the City Council had adopted an informal policy that sales of that type would not be allowed in the parking lot in the future. He said this type of operation would be better in an office area. Councilmember McCrea pointed out, however, that this was two weekend days every other week and is a-small business that is Eagan owned and operated. Mayor Egan asked Director of Community Development Runkle what concems staff had regarding the application. Mr. Runkle said that staffs concerns centered around pedestrian traffic to the sales van in the parking lot. He said that moving the van off the parking lot onto the sidewalk may be a solution. Councilmember Gustafson said that If the permit is approved, a third conditions should be that sales are limited to the sidewalk area. Mayor Egan said this is the same operation that is located at the Cub in West St. Paul and it seems to function fairly well in that area. Councilmember McCrea said that she was inclined to approve the special use permit because the health and safety issues had been negated. McCrea moved, Gustafson seconded a motion to approve a special use permit to allow the temporary sale of mini donuts in the Cub Foods parking lot located at 1940 Cliff Lake Road subject to the following conditions: 1. The operation shall be limited to Saturdays and Sundays from 9:00 a.m. to 9:00 p.m. 2. The permit is valid until November 1991. 3. Sales shall be clearly delineated at the north end of the sidewalk and provide a sufficient amount of space to keep customers out of available parking spaces and traffic lanes. Aye: 4 Nay: 1 (Wachter) VARIANCE/WATER HEATER INNOVATIONS After introduction by Mayor Egan, the City Administrator said that this item had been before the City Council at their November 8, 1990 meeting. He said at that time the Council had directed staff to meet with the applicant to review the location being requested and address concerns about loading the silos from the street. Director of Community Development Runkle said they have looked at the location to Investigate whether loading could be resolved off- street. He said that while setbacks could be met if the silos were moved to the front of the building, the aesthetics of the location would be affected. He said they also looked at moving the silos to the north side of the building, however, that would place it in close proximity to a major trunk water line located along the south side of Meadowview Road. Mr. Runkle said that the only option not addressed was whether a different type of silo could be used which would not interfere with the overhead electrical lines on the west side of the building. Director of Public Works Colbert said as the variance was investigated, a new concern arose regarding the proximity of the silos to the 12' trunk water line located along the south side of Meadowview Road. He said their concems were in regard to having a structure this close to the water main which could be a hazard to the stability of the silo if there were a water main break. He said the construction of the silo Page 12 /EAGAN CITY COUNCIL MINUTES November 20, 1990 on this location would make it more difficult to access the water main as the foundation of the silo would be within seven feet of the water main. A representative of Water Heater Innovations, Inc., said they have investigated the options available to them. He said if they located the silos on the north side of the building, It would require the construction of a buried retaining wall. He said the retaining wall would double the cost of the project. The second option they investigated was moving the silos to the front of the building as this could be done without applying for a variance. He said they had also contacted NSP regarding burying the cables for the overhead lines on the west side of the building, however, that cost was prohibitive at $20,000 25,000. He said they had Investigated shorter silos at half the capacity for the west side, however, they were still 16' tall and would be too close to the overhead electrical wires. The representative said that left them with basically two choices which were to place the silos in the front of the building or on the north end of the building with a buried retaining wall. After pointing out that the hardship for this variance was the aesthetics, Gustafson moved, Wachter seconded a motion to approve the variance of 14' to the 20' side yard setback for Water Heater Innovations for their facility at 3107 Sibley Memorial Highway, subject to the following conditions: 1. Applicant will work with staff and provide additional landscaping on site. 2. All other applicable ordinances are met. 3. A buried retaining wall will be installed as determined by staff. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AGREEMENT /R.J. O'NEIL PROPERTY After introduction by Mayor Egan, the City Administrator said that this Issue had been before the City Council for a number of years. He said that making access to the property to the west of this parcel should not be a condition of the planned development at this time. He said when the properties are platted it would allow for staff review and it could be addressed at that time. Mayor Egan asked a question about the planned development agreement and specifically a sentence under Events of Default and Remedies. He said that in effect if the applicant came in with a small portion of the total plat and received final plat, it would extend for another five years the period before which the applicant could be declared in default. He questioned whether this was a concem for the City. City Attorney Jim Sheldon said that in an ordinary situation it would be, however, since this property has been planned, replanned and organized over the past five years, he said it was believed that this is the ultimate plan for this property. Mr. Sheldon said that this is one of the larger pieces of property remaining In the City and with development schedules, the Department of Community Development believed this provision was appropriate. Wachter moved, Gustafson seconded a motion to finalize the O'Neil planned development agreement excluding the condition conceming the west access to the Lance property within the planned development. Aye: 5 Nay: 0 At 9:10 p.m. the regular City Council meeting was suspended for the purpose of convening a meeting of the Board of Adjustments and Appeals. Mayor Egan said it had come to his attention that Crown Coco, Inc. had withdrawn their appeal. F Page 13 /EAGAN CITY COUNCIL MINUTES November 20, 1990 Gustafson moved, McCrea seconded a motion to accept Crown Coco, Inc.'s request for dismissal of their appeal in the denial of a conditional use permit for a pylon sign and variance of 23 feet in pylon sign height for a gas station at 4195 Nicois Road. Aye: 5 Nay: 0 After adjouming the meeting of the Board of Adjustments and Appeals, the November 20, 1990 regular City Council meeting was reconvened. SINES! 1991 UOUOR UCENSE RENEWALS After introduction by Mayor Egan, the City Administrator said the 1991 liquor licenses were being presented to the City Council for renewal. He said it was staff's recommendation that any affirmative action be conditioned upon Police Department review. Mr. Hedges said, in addition, the liquor license fee and application have not been received from Richard Barone, whose liquor license had been granted on February 6, 1990. City Administrator Hedges recommended separate action on that item. Mayor Egan then asked the City Administrator whether the Mr. Barone's license would become available for another applicant. Mr. Hedges said that it would in 1991. McCrea moved, Pawlenty seconded a motion to approve the liquor license renewals as presented subject to two modifications: 1) that all licenses would be subject to successful completion of police review and 2) that the off -sale liquor license granted to Richard Barone on February 6, 1990 be declared null and void. Aye: 5 Nay: 0 STRYKER ADDITION /PREUMINARY PLAT EXTENSION After introduction by Mayor Egan, the City Administrator said that the preliminary plat extension for the Stryker Addition, which is located along Beau de Rue Drive and Rahn Road includes a request from the applicant to change three conditions of the preliminary plat approval. Director of Community Development Runkle then explained the three modifications to the conditions: 1) Condition #3 provided that the cross ingress /egress and parking easements shall be submitted with the final plat. Mr. Runkle said the applicant would like to eliminate the parking portion only. He said that staff and the City Attorney's office feel this is acceptable since there is adequate parking for each lot. 2) Condition #4 provided that the parking lot shall have a 20 foot setback along the public streets and shall be resurfaced and striped and shall have concrete curbs. Mr. Runkle said the applicant said that the cost of resurfacing the lot with concrete curbing would be cost prohibitive. He said the applicant is proposing a modular interlocking curbing system; however, the Engineering Department of the City does not feel that the curbing would meet City requirements. Mr. Runkle said the applicant is requesting that the 20 foot setback requirement be waived. 3) Condition #8 provides that the adjoining parking lot should be resurfaced and striped. Mr. Runkle said the applicant would like the option of sealcoating and striping the parking lot In connection with the final plat approval or re- blacktop and stripe the parking lot of proposed Lot 1 within two years of the final plat approval. He added that the Engineering Department said that an overlay would be a better Tong -term solution. Page 14 /EAGAN CITY COUNCIL MINUTES November 20, 1990 Mayor Egan said It was his understanding that staff agreed with the waiver of Condition 3, however, had concerns about Conditions 4 and 8. He then asked Director of Public Works Colbert what staff's objections were to a interlocking curbing system. Mr. Colbert said that the applicant was proposing a pre manufactured curb and gutter system which Involved modular Interlocking pieces. He said the City had evaluated the curb before and has found that it is not satisfactory for the long-term in aesthetics or function. Mr. Colbert said It had been allowed in one of the industrial parks, however, staff is disappointed in its stability. Councilmember Gustafson said that in addition to the concrete curb, Condition #4 also deals with the 20 foot setback. He said there is a retaining wall on the site and asked what the present setbacks were. He asked how far under 20 feet the setbacks were. Director of Public Works Colbert said the setbacks range all the way from a minus three feet to in excess of 20 feet. Mr. Bryce Huemoeller of DCR said it was important to keep In mind the overall benefits that the City would derive from the subdivision of this property. He said since there are some benefits to the City because of the subdivision, he thought there should be some give and take on the requirements. He said that some of the improvements should be confined to those which are necessary. Mr. Huemoeller said that there is no question that the liquor store parcel needs major aesthetic and functional work. He did feel, however, that some of the requirements went beyond that which was necessary to bring the project up to City standards. The subdivision allow separate ownership which also meant separate taxing parcels. He said because of those benefits to the City, there should be some balance in the requirements. Mr. Huemoeller said that in addressing specific improvements, he did not feel it was a requirement of the ordinance to comply with the 20 foot setback. He said to comply with the setback requirement would result in hardship to these parcels because of the Toss of parking spaces and the requirement that the parking lot be totally reconfigured. Mr. Huemoeller said that his company thought patching, an overlay and striping would bring the parking lot up to acceptable standards. He said they also preferred to use the preformed concrete curb and felt it would be an improvement to the property. Mr. Huemoeller went on to list substantial improvements they intend to make to the area with the clean-up of the yard, scrubs, the elimination of some trees, the addition of others, the enclosure of trash, the improvements to the parking lot and the striping. Mr. Huemoeller said a reasonable approach to this project is a give and take in response to the curb and overlay. In addressing Condition #8, Mr. Huemoeller said that the Initial talks with the City only involved sealcoating and re- striping. He said that is all that is necessary at the present time. Mr. Huemoeller said that DCR is also looking into the parking configuration at the strip center and they have set up a two-year plan to redo the parking system. He said it is DCR's position that a balanced and equitable approach would be to allow patching and overlay in the liquor store parking lot, in addition to the Interlocking curb system. Mayor Egan then asked Director of Public Works Colbert what condition the strip center parking lot was in at this time. Mr. Colbert said it is in an aged condition and If It were a City street, It would be time for an overlay. He said sealcoating may be adequate, but an overlay would extend the life of the parking lot. Councilmember Pawlenty said this is a redevelopment project and it appears the City is trying to retrofit current City standards onto to something built a long time ago. The Councilmember said this is a small business saying that this is a burdensome requirement and would be a problem. He said It appeared to him that the interlocking curb was not a good idea, however, he heard several arguments on blacktop versus sealcoating. He said it was his general observation that all of these requirements may have to be done, but this is a redevelopment not a development project and the City needs to be mindful of the cost benefit analysis as it relates to the applicant. Page 15 /EAGAN CITY COUNCIL MINUTES November 20, 1990 Councilmember Gustafson asked whether the curbing would be installed in both parcels. The applicant saki he was of the understanding that the curbing would be required in the liquor store parking lot only. Director of Public Works Colbert said if an existing parking lot is not Intended to be disturbed, they would not expect curbing to be installed. He did point out, however, that if the parking lot is being reconfigured and /or changed, the concrete curb should be installed anywhere the parking lot is being reconstructed. Councilmember Gustafson saki after looking at photographs of the interlocking type curb, he had some concems about deviating from the standard concrete curb, but he said it should be confined to the liquor store parking lot only. He said he would go along with the sealcoating and striping at the strip center without the overlay. He said he could also accept the parking lot as It Is in regard to right- of-way and not bring ft back to the 20 foot requirement as 11 would obviously pose a problem. Mr. Huemoeller said that DCR had already leased the liquor store and if they were required to overhaul the parking lot, lt would create an economic hardship. He added that shrinking the parking lot to comply with the 20 foot setback would be an additional burden. Mayor Egan asked Director of Public Works Colbert if the City accepted the second option on Condition #8 to allow the applicant to blacktop and stripe the parking lot within two years, how the financing would be guaranteed. Mr. Huemoeller said it would be guaranteed with a letter of credit. Mayor Egan asked if the applicant was intending to carry the letter of credit for the entire two years and the applicant said that they were. The Mayor then asked legal counsel if that would be acceptable and City Attorney Sheldon indicated it would. As a general observation, Mayor Egan said he was leaning toward accepting the recommendation of the staff on Condition #3, however, he was inclined to remain firm on Condition #4 as it related to the concrete curbs. Councilmember Pawlenty said he generally agreed with the Mayor's position, however, he still had questions regarding the 20 foot setback. Councilmember Gustafson said that the applicants were working with less than favorable conditions as to the height of the parking lot in relationship to Beau de Reau Drive and Rahn Road. He said he thought the City should get compliance in as many areas as possible, however, he did not want the property to stay in the condition it is presently in. Mayor Egan said he was willing to accept the staff position that we need not worry about the setbacks until the parking lot is resurfaced. Councilmember Gustafson said he assumed that resurfacing would take place right away on the liquor store parcel. The applicant said It was his understanding that if the parking lot were to be replaced, that is when curb would have to be installed and setbacks complied with. For clarification, Director of Public Works Colbert said that from an engineering perspective, the difference between maintenance and reconstruction Is that maintenance involves patching, repairing and overlaying and reconstruction consists of a new surface in addition to the poured in place concrete curb system. If the City leaves the parking lot in its present configuration and requires the new concrete curbs, Councilmember Gustafson asked whether the City was leaving itself in an undesirable situation. Director of Public Works Colbert said if the City requires that new concrete curbs be constructed, It would be difficult to require the 20 foot setback at a later date because of the permanency of the concrete curb. Councilmember Gustafson said he would be willing to give up the 20 foot setback to get the concrete curbs, but that would leave the City with the parking lot as It Is. Director of Public Works Colbert asked what problems were involved with providing the 20 foot setback. Mr. Huemoeller said It would not make the parking lot unfunctional, but it would create significant problems for them from a parking standpoint, an overall traffic flow standpoint and cause problems with their lease. Mr. Colbert said that If the 20 foot setback were required, there would be less parking lot to patch and overlay and those costs could be put toward the permanent concrete curbing. He said if the applicant was stating that a 20 foot setback creates a hardship, staff would need to address what hardships are created. He asked whether they would lose parking stalls, driving aisle width or circulation. i j any Page 16 /EAGAN CITY COUNCIL MINUTES November 20, 1990 Rather than take the hardship statements on faith, Councilmember Pawlenty asked that staff be directed to look at the situation critically and professionally and then come back to the City Council with their findings. Mayor Egan agreed and suggested that the Item be carried over to conduct these studies. Councilmember Pawlenty moved, Gustafson seconded a motion that the preliminary plat extension for the Stryker Addition consisting of two lots containing the Big Top Liquor Store and Cedarvale Highlands be continued to the December 18 regular City Council meeting with staff being directed to analyze the hardship or problems being created if the 20 foot setback were required and provide additional information as to whether the parking lot needs to be reconstructed or whether the patch and seal approach would be adequate. Aye: 5 Nay: 0 VARIANCE /ROSS BIRD After introduction by Mayor Egan, City Administrator Hedges said that this was a request by -Ross Bird for a 10 foot variance to the required 30 foot frontyard setback for Lot 4, Block 1, Prettyman Heights Addition. Mr. Hedges said the Item did not require Advisory Planning Commission action. Director of Community Development Runkle said that this is part of the Prettyman Heights plat. He said that the topography breaks at the end of the cul- de-sac where the variance is being requested. Mr. Runkle saki the applicant feels the variance is necessary to move the house 10 feet closer to the front property line because of this topography. Mr. Runkle said that the hardship for the variance was the topography of the lot. Mr. Ross Bird, the applicant, said he was ready to construct his home. He said the lot was on a cul-de -sac and bringing the house forward would not interfere with the views of the neighbors. At that time, Mayor Egan asked if there was anyone in the audience who wished to address the issue. Ms. Norma Hendrickson said she was not necessarily opposed to the request for the variance, however, her lot is one of those directly below these particular lots in Prettyman Heights. She said they receive a great deal of runoff from these lots. Ms. Hendrickson went on to explain the various difficulties she had encountered with her home and with the builder, Mr. Steve Ramsey. She said perhaps these lots had to be looked at as unbuildable. Ms. Hendrickson said that when she bought her lot, she never realized what difficulties she was getting into because of the steep topography. Director of Public Works Colbert said that while this was an entirely different issue, the developer did not build on Ms. Hendrickson's lot according to the development plan. Mr. Colbert said that when the house was placed on the lot, deep cuts were made in the bank at the rear of the property and extensive retaining walls are necessary to retain this bank. He went on to say that the property owner does not have the money to built the retaining walls and feels she is not responsible as she bought a lot that did not need retaining walls to begin with. In addition, Mr. Colbert said that the developer did not feel the retaining walls are his responsibility. Ms. Hendrickson then said Skyline Road was the problem and It is the runoff from this road that is running down the hill and causing her erosion problems. Mr. Colbert said they had been working with the developer of Ridgehaven, Mr. Steve Ramsey, about his responsibility to grade the development in accordance with the grading plan. Mr. Colbert said that Mr. Ramsey has been resistent on this issue as he feels it is the builder and homeowner's responsibility to establish landscaping and install retaining walls. Mr. Colbert went on to say that in the meantime, there continues to be a great deal of runoff down the hill which then washes out into the street. Mr. Colbert said the cost of cleaning up these streets has been billed back to the developer, but he was not aware that the developer was billing the amount to the homeowner. Mr. Colbert said that they have also been working with Mr. Prettyman and he has done 3(.,"2.L7 Page 17 /EAGAN CITY COUNCIL MINUTES November 20, 1990 some grading to intercept as much of the runoff as possible and divert it out to the side streets so that it minimizes any future erosion. Mr. Don Prettyman said that this issue is not related to the variance for Mr. Bird; however, they have been trying to do something to alleviate the situation. He agreed that Ms. Hendrickson has a problem with her lot. Mayor Egan said the issue to be addressed was the variance. He indicated that he had asked Director of Public Works Colbert whether there was a unique drainage problem that would be aggravated by allowing construction on this lot and he had said no. Councitmember Pawienty said he agreed that the City Council should take action on the variance request, but asked that Mr. Colbert and /or Mr. Sheldon look into Ms. Hendrickson's situation and determine Mr. Ramsey's obligation. He suggested that if these obligations were not being met, that some remedial action be taken. Ms. Hendrickson wished to point out that the lot below the one for which the variance was requested is vacant and she suggested it may be unbuildable. Mayor Egan asked Mr. Colbert if that would be a problem. Mr. Colbert said he did not believe so. He said the variance would move the house closer to the cul-de -sac which should minimize the area of disturbance. He said the drainage problem is a separate issue and whether or not the variance was granted, it would still exist. Gustafson moved, McCrea seconded a motion to approve the request from Mr. Ross Bird for a 10 foot variance to the required 30 foot frontyard setback for Lot 4, Block 1, Prettyman Heights Addition, noting that it is on a cul -de -sac and bringing the house forward 10 feet is not a visual problem for the neighbors and that the topography of the lot itself creates a necessity for the variance. Aye: 5 Nay: 0 Council. Mayor Egan strongly recommended that staff look into the other issues with a report back to the Aye: 5 Nay: 0 SPECIAL USE PERMIT /PRAISE FELLOWSHIP CHURCH After introduction by Mayor Egan, City Administrator Hedges said that on March 13, 1990, Praise Fellowship Church was granted a two-year special use permit to conduct church services in an industrial building located at 3103 Sibley Memorial Highway. Mr. Hedges said since that time, however, the church's lease had expired and a new location to house church operations was necessary. Mr. Hedges said that the church was proposing to occupy 3800 square feet of space west of Cedarvale Mali at 3994 Cedarvale Drive. Wachter moved, Pawlenty seconded a motion to approve an application for a special use permit to allow Praise Fellowship Church to conduct temporary church operations in a commercial zoning district at 3994 Cedarvale Drive subject to the following conditions: 1. The special use permit shall expire and become void two years from the date of approval. 2. All other applicable ordinances. SPECIAL USE PERMIT /JAMES DEVELOPMENT COMPANY After introduction by Mayor Egan, City Administrator Hedges said that this item had come directly to the City Council as no action was required by the Advisory Planning Commission. Mr. Hedges said he wished to point out a letter received from Ralph Giacion in regard to this special use permit. Page 18 /EAGAN CITY COUNCIL MINUTES November 20, 1990 Director of Community Development Runkle said that the request before the Council was for a temporary permit He said the applicant was seeking this permit because his development does not have visibility or direct access from Dodd Road. Mr. Runkle said the proposed sign location was just east of Dodd Road on a landscape center island that splits Hackmore Drive. He said the applicant had worked with School District 196 to place the sign. Gustafson moved, Wachter seconded a motion to approve an application for a special use permit for James Development Company to allow a temporary off -site sign for the Autumn Ridge Development. Such signage is to be located on a landscape center island that splits Hackmore Drive just east of Dodd Road. This special use permit is subject to the following conditions: 1) The special use permit for this temporary off -site directional sign shall be valid for one year from the date of approval. 2) The sign is subject to a one time sign fee of $2.50 per square foot. 3) All other applicable ordinances. Aye: 5 Nay: 0 SPECIAL HUNTING PERMIT /AL GRUENHAGEN AND JIM TOUSIGNANT After introduction by Mayor Egan, the City Administrator said that he wished to point out that the hunting permit was being requested for a location on Yankee Doodle Road just west of Unisys. He said it was where a number of hunting complaints had been received in the past. Mayor Egan said that Section 9 where the property for this request is located is one of the most densely populated sections in the City. He said he remembered a number of complaints regarding hunting on that property and it had caused some embarrassment to the City. Councilmember Pawlenty said he was generally uncomfortable with approving a hunting permit for this property. He said that next year, he would like to entertain some discussion regarding hunting within the City limits. He said he thought the City had reached a point where hunting may no longer be appropriate. Councilmember Gustafson said he now regrets having voted in favor of a firearms permit south of Highway 13 at the last City Council meeting as it appeared the City Council was being inconsistent. Councilmember Pawlenty said the previous request could be distinguished from this request because of the relatively lower population in that area. Generally, however, Councilmember Pawlenty suggested that the City Council review the entire issue. Gustafson moved, Pawlenty seconded a motion to deny a request by Al Gruenhagen and Jim Tousignant for a special hunting permit on property owned by Albert Perron located along Yankee Doodle Road west of Unisys and east of Carbone's Pizza and Quarry Park. Aye: 5 Nay: 0 PREUMINARY PLAT /CONDITIONAL USE PERMIT TOWN CENTRE 100 9TH ADDITION After brief discussion, Gustafson moved, Wachter seconded a motion to approve a preliminary plat for Systems Control Inc. for Town Centre 100 9th Addition and a conditional use permit to allow a drive through automobile emission testing facility along the north side of Town Centre Drive and west of O'Leary Lake in the northeast quarter of Section 15, subject to the following conditions: Page 19 /EAGAN CITY COUNCIL MINUTES November 20, 1990 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, B1, B2 ,B4,C1,C2,C4,D1, El, F1,G1, and Hl. 2. A revised sfe plan shall be submitted showing the number of parking stalls which will support the number of employees and the number of customers. 3. The entrance /exit accesses shall be a minimum of 30'. 4. The trash enclosure shall be large enough to accommodate recycling. 5. A revised landscape plan shall be submitted on a grading plan, showing materials which meet City requirements. 6. The development is required to provide an outlet to the proposed intemal storm sewer system to the existing storm sewer system in O'Leary Drive. 7. An additional 25' easement is required for the existing trunk sanitary sewer line along the easterly property line of the proposed site. 8. The westerly egress point to Town Centre Drive is required to be moved westerly and centered on the exit doors of the proposed facility and narrowed to a 16' width. 9. The easterly access point is required to be moved approximately 20' east and designated for ingress and egress. 10. The development is required to provide a cash dedication for fulfillment of water quality requirements as identified in the City's Comprehensive Water Quality Management Plan. Aye: 5 Nay: 0 PYLON SIGN AGREEMENT /FEDERAL LAND COMPANY After introduction by Mayor Egan, City Administrator Hedges said that this Item was considered by the Advisory Planning Commission at their October 23, 1990 meeting and had recommended approval. Director of Community Development Runkle said that the pylon sign agreement that had been submitted for approval was consistent with Condition 4 of the Park Center's development contract. He said all signs meet the 300 foot spacing requirement. Mr. Runkle said that one condition had been discussed at length and that was the requirement that no more than four signs be erected on the property unless otherwise approved by the City. Mr. Runkle said that Mr. Charles Bartholdi, representing Federal Land Company, had agreed to the change in conditions. Mr. Bartholdi said he could not agree for Federal Land Company, but he did not believe it would be a problem. McCrea moved, Wachter seconded a motion to approve the pylon sign agreement for Federal Land Company for the Park Center Addition located north of Cliff Road in the southeast quarter of Section 30. Aye: 5 Nay: 0 PRELIMINARY PLAT /CONDITIONAL USE PERMIT CUFF LAKE CENTRE 2ND ADDITION After Introduction by Mayor Egan, City Administrator Hedges said that the application had been considered by the Advisory Planning Commission at their October 23, 1990 meeting. He said at that time, the APC had recommended denial based on three issues: 1) traffic problems, 2) the amount of impervious surface and 3) the opinion that the development is too large for the lot. Mr. Hedges said that he had discussed this issue with the Mayor and it was their consensus that rather than spend a great deal of time on the background, that discussion be directed toward these issues. Page 20 /EAGAN CITY COUNCIL MINUTES November 20, 1990 Mr. Mike Larkin, representing Firstar Bank, said the location Is ideal for a bank and his discussion centered on the number of drive -in lanes that were necessary for the bank. He said because two tellers are needed for four or five drive -in lanes, it would be more economically feasible for the bank to have five drive in lanes. Mr. Larkin said at their present location, they have six and they do not have stacking problems. He said the bank could also service more customers with five drive -in lanes. Councilmember McCrea asked whether during peak hours of operation, the bank would utilize all five drive -in lanes. Mr. Larkin said yes, they use all six now. Mr. Larkin said he had talked with their corporation and while they prefer five, if it would affect the entire project, they would agree to change. Mayor Egan said two Issues were under discussion and they were the City's 30 percent requirement for open space and the three party agreement with the Hoffman Land Development Group, the DNR, and the City of Eagan which refers to 42 percent impervious surface. He asked Mr. Runkle when the 30 percent green space requirement came into play and at what point the three party agreement became the issue. He said there appeared to be a substantial variance between the 42 percent requirement and the 58 percent proposed. Mr. Runkle said that the restrictive environmental covenants spell out what the impervious surface can be and that is 42.017 percent. Mr. Bill McHale, representing Ryan Construction, said that the document that Mr. Runkle referred to was actually an amendment to the original document. Mr. McHale said the original agreement allowed 70 percent impervious on the shopping center and 55 percent on Outlot E, which is Phase 2. He said accommodation was made in the document that as the lots developed, they would be released and Lots 1, 2 and 3 for Target and Cub have been released. Mr. McHale saki that the DNR had told them that the increase in impervious surface for this 1.2 acre lot is insignificant when viewed in terms of the entire development. Mayor Egan then asked if the 70 percent was the agreement for the entire site. Mr. McHale said the 70 percent was made on the overall shopping center site. He said Oudot E is less at 55 percent. However, Mr. McHale said in order to implement the releases, they had to go back and delineate what the plan called for in each lot. Mr. McHale said the DNR's posture sbc months ago was that 11 was an insignificant change because none of the water would run into the lake or near the lake. Mayor Egan said that assuming for argument's purposes that the pervious surface was increased slightly in Outlot A, would that throw the entire development out of compliance. Mr. McHale said that was up to the City Council. He said he did wish to clarify that when the DNR was talking about pervious versus impervious surface, they were not talking about green space versus hard surface, but rather water percolation. Mr. McHale said that if the Council wishes to balance the entire 80 acres, it would be necessary to take about 8,000 square feet out of Outlot E because It is the only outlot left. Mayor Egan said it appeared the pervious surface was being increased in Outlot A from 42 percent to 58 percent. He asked Mr. Runkle if it was that increase that the DNR was saying was insignificant. Mr. Runkle saki it was more a staff interpretation of the environmental agreement as It specifically applies to Outlot A. Mayor Egan said he remembered when the three party agreement was developed that the percentages were very important to the DNR and now they were saying that the percentages were insignificant. Mr. McHale said that once everything was developed next to the lake, the DNR's interest waned. However, Mr. McHale said that when they develop Outlot E, he felt the DNR would be interested again as it encroaches on the lake. Councilmember Wachter asked if five drive -in lanes were not approved for the bank, whether the building would be moved further south. Mr. McHale said it would. After a question from Councilmember Wachter regarding the width of the parking spaces, Mr. McHale said that City Code calls for employee parking to be at nine foot widths and customer parking to be at ten foot widths. After discussions with staff, Mr. McHale said that all parking stalls had been made nine foot because It improved the overall traffic flow. He added that it was also an issue the Council would have to address. Mayor Egan asked the Director of Community Development that with the Immense parking facilities at the Centre, why there couldn't be cross parking. Mr. Runkle said that issue had potential, however, they Page 21 /EAGAN CiTY COUNCIL MINUTES November 20, 1990 were looking at each indMduai lot to hold Its own. Councilmember Gustafson asked Mr. Larkin how many persons the bank would employ when fully staffed. Mr. Larkin said eight or nine employees to begin with. Mr. Gustafson said for this square foot building, it would require 30 parking spaces. He said he would rather have staff look at fewer ten foot spaces than more nine foot spaces. Councilmember Gustafson asked Director of Community Development Runkle if the bank only put in four drive -in lanes, what that would do for the impervious surface percentage. Mr. Runkle said he did not have the exact figures, but it would reduce the amount of impervious surface. Mayor Egan said that this is one of two existing community shopping centers in the City. He said that the developer had always anticipated that there would be a bank at this location. He said many of the issues discussed had been minimized and he believed they could be resolved. Mayor Egan said the APC had concerns regarding the intensity of use and yet according to SEH, even wlth the worst case scenario, they are only anticipating 77 percent of the traffic that was originally projected for Outlot A. Mayor Egan said he felt it was a less intensive use than what was originally proposed. After much discussion about the number and width of parking stalls, it was recommended that research also be done into the pervious versus impervious surface requirements of the agreement. Mayor Egan asked whether staff should do the background work on the agreement and whether the impervious surface should be reduced or whether the agreement should be amended allowing an increase in the impervious surface. Councilmember McCrea said she would like something regarding the pros and cons of allowing a change in the impervious surface, but said she would not like to see a great deal of money expended on the issue if the DNR considers it an insignificant increase. Councilmember Gustafson said he was not in disagreement, but did not believe the issue was the DNR. He said the City accepted an agreement which would not allow the impervious surface to exceed 42 percent. He said now the applicant was requesting 58 percent and it would be up to the City Council to decide whether or not they would allow 58 percent. He said it was not a staff issue. McCrea moved, Egan seconded, a motion to continue to the December 18, 1990, regular City Council meeting, the preliminary plat for Cliff Lake Centre 2nd Addition as requested by RHC Associates Joint Venture I and a conditional use permit to allow a bank with drive -in tellers and direct staff to work with the developers on the percentage of impervious surface, number of parking spaces, and pylon sign issues. Mayor Egan asked the City Attorney what his perspective was on the pylon sign issue. Mr. Sheldon said the issue is probably best discussed when some of the other issues had been resolved. Mr. McHaie said part of the pylon sign issue was the spacing requirement. He said originally there were pylon signs planned for four locations. At that time, Mr. McHaie said one of the signs was moved deeper into the site and a pylon sign location was switched with a monument sign location. Mr. McHaie said what they were proposing was taking one of the signs and moving It to the other side of the lot where they perceive the entrance to the bank to be, and then moving the monument sign across the street. He said they would space the signs about 300' apart and meet all City Code requirements. Councilmember Gustafson said he thought that would resolve the sign issue. He said it was his understanding there would be a cross parking agreement and the creation of 28 parking spaces. The Councilmember said it would leave only one issue to be resolved and that was in regard to the impervious surface. He said he would rather resolve the issue at this meeting, rather than continue the item. Councilmember McCrea said she did not believe staff was comfortable with pylon sign issue as presented. Mayor Egan said he would be more comfortable addressing all issues in four weeks. Aye: 3 Nay: 2 (Gustafson and Wachter) Page 22 /EAGAN CITY COUNCIL MINUTES November 20, 1990 REZONING /CITY OF EAGAN OUTLOT A PARK CENTER ADDITION After applauding the historical significance of the action, Wachter moved, Gustafson seconded, a motion to approve a rezoning as requested by the City of Eagan for Out lot A, Park Center Addition, consisting of approximately 6 acres from A to R-4 for a senior housing facility located along the north side of Cliff Road. Aye: 5 Nay: 0 Brittany 10th B Cedar tiff Comm. Pk. 3rd B Cedar Cliff Comm. Pk. 4th B Duckwood Crossings B Rahncliff 1st B Sill Addition B Wildemess Ponds B Stratford Oaks E COMPREHENSIVE GUIDE PLAN AMENDMENT /CITY OF EAGAN R 90.87 Gustafson moved, Wachter seconded, a motion to approve a comprehensive guide plan amendment to Public Facilities /Park for a four acre parcel located along along the east side of Lexington Avenue south of Advent United Methodist Church as requested by the City of Eagan in order to incorporate that parcel into the adjacent Patrick Eagan Park. Councilmember Pawlenty asked about the single family home located on the property. This is a life estate arrangement provided for the current (and original) resident to continue living in the home. Aye: 5 Nay: 0 DECLARATION OF DEFAULT DEVELOPMENT CONTRACT /ESCROW AGREEMENT 12,450.38 2,153.62 4,299.35 8,636.72 5,345.46 5,521.45 22,936.03 6,274.90 Draw on Letter of Credit Proceed Against Bond Proceed Against Bond Draw on Letter of Credit Proceed Against Bond Draw on Letter of Credit Draw on Letter of Credit Breach of Contract Action Contract (D), Escrow Agmt. (E) Development or Both (B) Amount Next Action After introduction by Mayor Egan, the City Administrator said that this action was a follow -up to an ordinance passed recently by the City Council regarding the collection on delinquent accounts. He said the City had exhausted all means to collect amounts owed the City and now asked that the City Council declare these developments in default and collected on their letter of credit. Mr. Hedges said not all items were included and in the future when considering a declaration of default, staff will include all outstanding items. Councilmember McCrea asked if the developers had been notified and all had been. The eight developments which were being requested to be declared in default were as follows: Default on Development McCrea moved, Gustafson seconded, a motion to adopt the resolutions declaring the aforementioned developments in default and authorized the City Attomey's office to proceed with collection. Aye: 5 Nay: 0 Page 23 /EAGAN CITY COUNCIL MINUTES November 20, 1990 ADMINISTRATIVE AGENDA JOINT POWERS AGREEMENT FOR THE FIREARMS RANGE Gustafson moved, McCrea seconded a motion to approve the Joint Powers Agreement without modification for the Eagan /Apple Valley /Bumsville Police, outdoor firing range. Aye: 5 Nay: 0 CHECKLIST Wachter moved, Egan seconded a motion to approve the checklist dated November 20, 1990, in the amount of $637,503.83. Aye: 5 Nay: 0 The meeting was adjoumed at 11:20 p.m. ADJOURNMENT CITY OF EAGAN VanOverbeke, City Clerk KF Page 24 /EAGAN CITY COUNCIL MINUTES November 20, 1990 EXHIBIT A PLUMBING LICENSES NOV. 20, 1990 1. Commercial Plumbing 2. Dolder Plumbing Heating 3. Xrumholz Company. 4. McNamara Plumbing 5. Rascher Plumbing i Beating 6. Shank Mechanical Inc. 7. Thoen Plumbing, Inc.