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07/18/1989 - City Council Regular ti. IY otL„ MINUTES OF REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA July 18, 1989 A regular meeting of the Eagan City Council was held on Tuesday, July 18, 1989, at 6:30 p.m., at the Eagan Municipal Center. Present were Mayor Ellison and Councilmembers Wachter, Egan, Gustafson and McCrea. Also present were City Administrator Tom Hedges, Public Works Director Tom Colbert, Community Development Director Dale Runkle and City Attorney James Sheldon. AGENDA There were no additions to the agenda. McCrea moved, Gustafson seconded, the motion to approve the agenda. All voted in favor. MINUTES July 5, 1989. Councilmember Gustafson requested the correction on Page 8, Paragraph 4, from "Notvick" to "Notvik". Wachter moved, Egan seconded, the motion to approve the Minutes for the July 5, 1989 Regular Council Meeting as amended. All voted in favor. KEVIN SHEA/MULTI-FAMILY HOUSING Councilmember McCrea asked if Mr. Shea had provided the names of the parties he was representing. City Administrator Tom Hedges responded that he had not received any information from Mr. Shea. DEPARTMENT HEAD BUSINESS/FIRE DEPARTMENT BUDGET ADJUSTMENT/REFURBISHING OF 1980 PUMPER TRUCK City Administrator Tom Hedges introduced the matter to the Council. Councilmember Egan commented that the 1988 funds had been reallocated and felt that an adjustment would cause a $15,000.00 shortfall. He felt the request needed justification and that approval would set a bad precedent. Fire Chief Southorn informed the Council that $30,000.00 had been carried over for several years. Councilmember Wachter stated that the funds should still be available. Mayor Ellison remarked that the next budget year was unpredictable and that the money was in the fund balance. Councilmember Egan felt it was a misnomer to say the money was available in the fund balance as the money had been reallocated. Councilmember McCrea responded that the fund Page 2/EAGAN CITY COUNCIL MEETING MINUTES July 18, 1989 balance was not all reallocated. City Administrator Tom Hedges explained the fund balance levels. Councilmember Gustafson requested clarification. Councilmember Egan stated he felt the contingency fund was preferable as the fund balance was too low already. Mayor Ellison agreed with Councilmember Egan. Councilmember McCrea felt there was no need to access the contingency fund as the money was not spent in 1988 and was put into the general fund. Councilmember Gustafson requested the breakdown of the available $50,000.00. Mayor Ellison stated the City should spend the current year's budget first. City Administrator Tom Hedges had no preference as to which fund should be used. Councilmember Wachter stated the Council would not be depleting either fund and that the City would be receiving a lot for the money. Councilmember McCrea stated she was in favor of the contingency fund. Councilmember Egan felt it was a more appropriate fund. McCrea moved, Wachter seconded, the motion to approve the complete refurbishment and upgrading of Unit No. 13 and, as a condition of the authorization, adjust the 1989 budget by allocating a part of the contingency account for the expenditure. All voted in favor. DEPARTMENT HEAD BUSINESS/CABLE City Administrator Tom Hedges informed the Council that Mike Reardon was available for questions. Councilmember Egan said that Burnsville had great equipment and questioned how it was working. Mr. Reardon invited all interested parties to the Cable Commission Meeting. He also explained the technical aspects of the Burnsville System and stated that he would investigate the possibility of reducing the light intensity at the Eagan City meetings. CONSENT AGENDA A. Personnel Items. 1. Assistant Utility Billing Clerk Typist. It was recommended to approve the hiring of Enda Asleson as assistant utility billing clerk typist. 2. Season Park Maintenance Workers. It was recommended to approve the hiring of Duane Barton, Jeffrey Goodrich, Tamera Johnson, Joel Kivi, and Michael Marxer as seasonal park maintenance workers. Page 3/EAGAN CITY COUNCIL MEETING MINUTES July 18, 1989 3. Ratification of Collective Bargaining Agreement. It was recommended to approve the ratification of the Collective Bargaining Agreement terms between the City of Eagan and the Police Dispatchers' Unit for the years 1989, 1990 and 1991. 4. Seasonal Utility Maintenance Workers (informational). The Council was informed of the hiring of Steven Wilke and James Price as seasonal utility maintenance workers. 5. Seasonal Park Maintenance Worker (informational). The Council was informed of the hiring of Steve Schroeder as a seasonal park maintenance worker. B. Plumbers Licenses and Water Softener License. It was recommended to approve the seven plumber's licenses and one water softener license as presented. C. Liquor License Designation New Manager Compri Hotel. It was recommended to approve Mr. Kevin McPherson as the holder of a liquor license at the Compri Hotel. D. Designation of Business Representative Seneca Odor Committee. It was recommended to appoint John Westley as the business representative to the Seneca Odor Control Advisory Committee. E. Receive Resignation of Candice Garry as a Member of the Economic Development Commission. Councilmember Gustafson asked if a replacement had been found. City Administrator Tom Hedges stated staff was looking for direction from the Council and pointed out that usually a replacement was found by category. Councilmember Gustafson directed the staff to take the appropriate action to replace Candice Garry as a member of the Economic Development Commission. It was recommended to accept the resignation of Candice Garry of the Economic Development Commission. F. Project 575, Receive Feasibility Report/Order Public Hearing (James Court - Street Lights). It was recommended to receive the Feasibility Report for Project 575 (James Court - Street Lights) and schedule a public hearing to be held on August 15, 1989. Page 4/EAGAN CITY COUNCIL MEETING MINUTES July 18, 1989 X';- M^ G. Contract 89-16, Approve Plan/Authorize Advertisement for Bids (Sterns Addition and Coventry Pass - Streets and Utilities). It was recommended to approve the plans and specifications for Contract 89-16 (Sterns Addition and Coventry Pass) and authorize the advertisement for a bid opening to be held at 10:30 a.m., Friday, August 11, 1989. H. Contract 89-09, Receive Bids/Award Contract (Johnny Cake Ridge Road - Streets and Trailways). It was recommended to receive the bids for Contract 89-09 (Johnny Cake Ridge Road - streets and trailways (to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents. I. Park Cliff Storm Sewer to Adjust Supplemental Assessment Rate. Councilmember Wachter requested item I be pulled from the Consent Agenda for further discussion by the Council. J. Approved Change Order No. 1, Contract 88-28 (Fire Station No. 1 - Parking Lot). It was recommended to approve Change Order No. 1 to Contract 88-28 (Fire Station No. 1 - Parking Lot) and authorize the Mayor and City Clerk to execute all related documents. K. Change Order No. 1, Contract 89-02 (Clearview Addition - Streets). Councilmember Egan requested clarification regarding Change Order No. 1. Public Works Director Tom Colbert informed the Council that the Developer was concerned regarding the access aesthetics. He stated that the funds would have come from the trunk fund anyway. Mayor Ellison asked if a thick plastic mat could be used instead. Public Works Director Tom Colbert replied that it had been tried previously and it did not work. He stated the matter could be investigated if necessary. It was recommended to approve Change Order No. 1 to Contract 89-02 (Clearview Addition - Streets) for a bituminous access drive to the Woodlands Storm Sewer Lift Station and authorize the Mayor and City Clerk to execute all related documents. Page 5/EAGAN CITY COUNCIL MEETING MINUTES July 18, 1989 ._y L. Project 416, Receive Final Assessment Roll/Order Public Hearing (O'Neill Drive - Streets). It was recommended to receive the final assessment roll for Project 416 (O'Neill Drive - Streets) and schedule a final assessment hearing to be held on August 15, 1989. M. Project 543R, Skyline Drive/Sibley Hills Drive - Resolution Requesting MN DOT Cost Participation Agreement. It was recommended to approve a resolution requesting MN DOT Cost Participation for Project 543R (Sibley Hills Drive Frontage Road). R-89.38 N. Project 557, Receive Assessment Roll/Schedule Public Hearing (Mallard Park 3rd Addition). It was recommended to receive the final assessment roll for Project 557 (Mallard Park 3rd Addition - Street Lights) and schedule a public hearing to be held on August 15, 1989. 0. Project 427, Receive Final Assessment Roll/Order Public Hearing (Yankee Doodle Road - Streets). It was recommended to receive the final assessment roll for Project 427 (Yankee Doodle Road - Streets) and schedule a final assessment hearing to be held on August 15, 1989. P. Project 349, Receive Final Assessment Roll/Order Public Hearing (East Blue Gentian Road - Streets). It was recommended to receive the final assessment roll for Project 349 (East Blue Gentian Road - Streets) and schedule a final assessment hearing to be held on August 15, 1989. Wachter moved, Gustafson seconded, the motion to approve the Consent Agenda items (except Item I - Park Cliff Storm Sewer to Adjust Supplemental Assessment Rate) as presented, and authorized their implementation. All voted in favor. PARK CLIFF STORM SEWER/ADJUST ASSESSMENT RATE City Administrator Tom Hedges informed the Council that either option presented to the Council was acceptable. Councilmember Egan commented that the property owners did benefit by at least $2,500.00. Mayor Ellison stated that option 2 was the option that was adopted. Councilmember Gustafson stated he was in favor of option 1 and agreed with Mr. VanOverbeke's recommendation. City Administrator Tom Hedges remarked that there had been benefit to the properties and that staff evaluated based upon the original Page 6/EAGAN CITY COUNCIL MEETING MINUTES July 18, 1989 motion. Mayor Ellison pointed out that the City had incurred legal costs. He felt that option 2 was fair. Egan moved, Wachter seconded, the motion to approve option 2 as outlined in the memo dated July 11, 1989, as prepared by the Director of Finance regarding adjustment of the supplemental assessment rate for the Park Cliff storm sewer improvements. Wachter, Ellison, Egan and McCrea voted in favor; Gustafson voted against. VACATE PUBLIC RIGHT OF WAY/PILOT KNOB ROAD FRONTAGE ROAD (FAIRWAY HILLS) City Administrator Tom Hedges updated the Council on the matter. McCrea moved, Gustafson seconded, the motion to close the public hearing and approve the vacation of a portion of public right of way for Pilot Knob Road Frontage Road (Fairway Hills) and authorize the Mayor and City Clerk to execute all related documents subject to the retention of underlying utility easement rights. All voted in favor. PROJECT 570/CLIFF RIDGE ADDITION/STORM SEWER City Administrator Tom Hedges summarized the background information for the Council and distributed a letter dated July 17, 1989, which he had received from the developer requesting private installation. Jerry Bourdon (Bonestroo) presented details of Project 570 - Storm Sewer. He informed the Council that the total project costs were approximately $110,000.00. In comparison, he stated that the developer's cost would be approximately $61,000.00 if improvements were installed only in the developer's area. He further stated that the trunk fund would have a deficit of $48,000.00. Public Works Director Tom Colbert recommended allowing the developer to install its own improvements. Councilmember Egan asked if the project was 50% assessable. Mr. Colbert responded yes. Egan asked if the developer would assume the total financial cost. Mr. Colbert responded it was his understanding that the developer would assume the total financial cost for time and convenience factors. Councilmember Wachter had concerns regarding the developer meeting the required specifications. Mr. Colbert stated that City staff would monitor, inspect and review the improvements. Tom Tweeten, 4550 Oak Chase, was pleasantly surprised with the ;uality of the work. He asked if the developer would use its plans or the City consultant's plans. Public Works Director Tom Colbert stated that the developer would need to conform to the Page 7/EAGAN CITY COUNCIL MEETING MINUTES July 18, 1989 feasibility report. Mr. Tweeten informed the Council that speed in the installation of the improvements was important. Tim Louie, 4538 Oak Chase, had concerns with the placement of the utilities. He requested the lines be moved ten to fifteen feet in order to save his trees. Councilmember McCrea asked if it were possible to move the line ten to fifteen feet. Public Works Director Tom Colbert stated that the developer would have to concur with the move. McCrea commented that the City should encourage the moving of the utility lines. McCrea moved, Egan seconded, the motion to close the public hearing and deny Project 570 (Cliff Ridge Addition - Storm Sewer), which denial was at the developer's request, as it will privately construct the improvements. Gustafson, Ellison, Egan and McCrea voted in favor; Wachter voted against. Councilmember McCrea informed staff that strong direction should be given to the developer to alter the location of the utility lines to save the trees on Mr. Louie's property. City Administrator Tom Hedges stated he would send a letter to the developer with the Council's recommendations. PROJECT 564/RAHNCLIFF SECOND ADDITION - STREET AND UTILITIES City Administrator Tom Hedges introduced the matter to the Council. Jim Eulberg (SEH) presented the project report to the Council. He also presented the proposed assessments and the revenue impact. He recommended adding the work to Cliff Lake as a change order. He informed the Council that the work on the project would begin on July 19, 1989. Jeff Lindgren (owns Outlot F as a partner) stated he felt that all benefited users were not being assessed. He commented that the traffic was being generated by the land to the east. He questioned the proposed striping and road widening. Mr. Eulberg stated the widening was only a couple of feet. Mr. Lindgren objected to the assessment as he felt there was no benefit to the property. Mayor Ellison asked why Rahncliff First was not included and further asked why there was a rate difference. Public Works Director Tom Colbert responded that Rahncliff First should be included, but that they had not been noticed. He recommended continuing the meeting to provide proper notice. He pointed out that the properties generate equal traffic and that there was no differentiating between properties that are commercial. Councilmember Egan recapped a history of the land in the area. Page 8/EAGAN CITY COUNCIL MEETING MINUTES July 18, 1989 John Perioti (for Cedar Ridge Christian Church) objected to the assessments. He stated the church had not benefited from the improvements and that the road was used by the church only on Sundays. He further pointed out that the church could not afford the amount of the assessments. Councilmember Wachter stated that in the past the Council had not made exceptions for churchs. Councilmember Egan stated that commercial property was assessed as a group and pointed out that it was not an assessment hearing. McCrea moved, Gustafson seconded, the motion to continue to the August 15, 1989 City Council Meeting, Project 564 (Rahncliff 2nd Addition - Streets and Utilities) to allow proper notification to all benefited property owners. All voted in favor. PROJECT 443/FINAL ASSESSMENT HEARING O'NEIL PONDING EASEMENT ACQUISITION City Administrator Tom Hedges summarized the background information for the Council. Councilmember Egan questioned if it were fair to redistribute the assessments. Mr. Colbert replied affirmatively, stating that it had been analyzed to make certain the property could handle the assessment. He pointed out that proper records for assessments should be kept and recommended the adoption of the final assessment roll as presented and then an authorization to reallocate. Gustafson moved, Wachter seconded, the motion to close the public hearing and approve the final assessment roll for Project 443 (O'Neil Ponding Easement Acquisition) and authorize the certification to Dakota County. All voted in favor. Gustafson moved, Wachter seconded, the motion to approve the reallocation of the financial obligations as requested by the Petitioner. All voted in favor. RECONSIDERATION/STOP SIGN/MALLARD DRIVE AND MALLARD CIRCLE City Administrator Tom Hedges presented background information for the Council. Kirk Reilly (representative for neighborhood), 1634 Mallard recapped the history of the Petition. He informed the Council that there was a speeding problem in the neighborhood. Public Works Director Tom Colbert reported that 55 vehicles had been observed by the Police Department; that 3 had been stopped and two had been ticketed. Mr. Reilly requested the stop signs to control the speed of the traffic. Mr. Colbert explained the reasons why stop signs would not be warranted at the intersection. Mr. Reilly asked if a "children at play" sign could be installed. Mr. Page 9/EAGAN CITY COUNCIL MEETING MINUTES July 18, 1989 Colbert pointed out that enforcement by the Police Department was the best deterrent. Councilmember Gustafson stated he had concerns regarding the speed of the traffic, but felt that it was the neighbors who were doing the speeding. He pointed out that the State of Minnesota mandates a minimum of 30 miles per hour, which he felt that was too fast. He commented that the neighbors should voluntarily drive 20 miles per hour through residential areas. Councilmember Wachter requested that the Police Department patrol the area more often. Mayor Ellison asked if the traffic had decreased since the Cliff Road reopening. Mr. Reilly responded affirmatively. Councilmember Egan pointed out that the daily traffic counts did not exceed 30 miles per hour. Wachter moved, Gustafson seconded, the motion to deny the petitioned request for the installation of stop signs on Mallard Drive at Mallard Circle. All voted in favor. GAMBLING APPLICATION/OPTIMIST CLUB City Administrator Tom Hedges introduced the matter to the Zouncil. He informed the Council that staff recommended a denial of the 60-day waiver. Dave Nickles (President of the Optimist Club), 10906 Dakota Court, Burnsville, stated that the 60-day requirement was for investigation purposes and that the investigation had been completed. He felt there was no reason for denial of the 60-day waiver. City Administrator Tom Hedges pointed out that the Council has the right to waive the 60 days and stated that questions had been raised that the State Board would need to investigate. Mr. Nickles reiterated his concern. Councilmember McCrea remarked that the situation was not a life or death situation and supported a staff review of the matter. Roger Baertsch (gambling manager for the Optimist Club) stated that the 60-day requirement was for the City's purpose only. He commented that the State would not investigate until the City gave approval. Councilmember Egan responded that Council action was submitted to the State Board. City Administrator Tom Hedges stated that the Police Chief's questions should be answered by the State. Mr. Baertsch remarked that the State would still have to approve. Mayor Ellison questioned how the money would be used in Eagan. Mr. Nickels stated that the club was trying to meet the area requirements. He informed the Council that Eagan citizens were members of the Club. He pointed out that 4 of the 25 members were from Eagan. Their current plans are to give to the youth, the high schools, the Fourth of July Committee, etc. Mayor Ellison asked how Page 10/EAGAN CITY COUNCIL MEETING MINUTES July 18, 1989 many pull tabs were currently active. Mr. Nickels responded none at the present time. Councilmember Egan pointed out that the Community Action Council would receive 60% of the funds, which he felt is a worthwhile cause. Mayor Ellison asked Ronald Leif how the compensation was disbursed. Ronald Leif (Knights of Columbus) responded the money went to Richards for the selling of the pull tabs behind the bar. He explained the proprietor compensation. Councilmember McCrea stated the costs should be determined up front. Councilmember Egan asked what bearing these figures had to the Optimist application. Mr. Leif replied, for game control and the additional compensation. Councilmember McCrea remarked that the Council was getting off of the subject and that the issue was whether the application was in order. She commented that the State should be satisfied. Councilmember Egan agreed that it was a private matter between the Knights of Columbus and Richards. Mayor Ellison stated that pull tabs should only be sold by members of the organization at the bar. He requested the ordinance be reviewed to see if it complied with the State Statute. He further stated that the gambling ordinance should be reexamined and that he would not support any applications until the ordinance had ..)een reviewed. Councilmember Gustafson asked if the maximum to Richards was $600.00 a month. Mr. Baertsch stated that the maximum payment was $600.00 a month as provided by State Statute. Mr. Gustafson was opposed to the concept of charitable gambling, but pointed out that they had the right. Egan moved, McCrea seconded, the motion to approve a gambling license application to the Eagan/Burnsville Optimist Club subject to notification by Richards Food & Liquor and the Eagan Knights of Columbus that they have successfully cancelled their lease agreement and; further, approved a waiver of the 60-day waiting period for the Optimist Club contingent upon the State Board investigating the Police Chief's concerns. McCrea, Gustafson, and Egan voted in favor; Wachter and Ellison voted against. The motion prevailed. Mayor Ellison directed staff to review the State regulations and the formula breakdown. SPECIAL PERMIT/NORTHERN NATURAL GAS FOR FAIRWAY HILLS FIRST ADDITION City Administrator Tom Hedges informed the Council that staff lad not received any additional information from the applicant. Page 11/EAGAN CITY COUNCIL MEETING MINUTES July 18, 1989 Dennis Werkmeister (Enron) informed the Council that the current proposal was within guidelines of the Eagan Code. He stated that Northern Natural Gas had been at that site for 25 years during which time the building had increased in size. He commented that development had not been hindered and requested council approval of the permit as submitted. Councilmember Egan stated it seemed to be an ultimatum and asked if the City was within its rights. City Attorney Jim Sheldon stated that the City policy had not been incorporated into an ordinance. He pointed out that it would be a test case as to whether City policy would be sufficient. Mayor Ellison had concerns for the residents having a tin shack adjacent to their property. He pointed out that the Northern Natural Gas facility is eleven times larger than originally built. He stated he was very disappointed. Councilmember Egan stated he felt the product was very inferior in a residential neighborhood and totally inappropriate. He said Enron admitted that there were no buildings like it in other residential areas and that there were no grandfather rights. le asked if the Council had the right to deny. Mr. Sheldon stated the area was zoned residential and that the City could require rezoning as opposed to a special permit. He pointed out a moratorium ordinance could be prepared and a reevaluation of the standards regarding public buildings could be conducted. Councilmember Gustafson shared Egan's disappointment. He stated he felt the Council only had the option to deny the special permit and was unsure of Enron's motive. Councilmember Egan asked if City staff should be instructed to take steps to establish standards for public facilities. Mr. Sheldon stated the City Council could determine that an application must move for rezoning as opposed to a special use permit. Gustafson moved, Egan seconded, the motion to deny a special permit for Northern Natural Gas Company to construct a building over an existing meter and regulatory facility located on Outlot A, Fairway Hills First Addition because an application for rezoning must be submitted and a special permit was an inappropriate application for this use. All voted in favor. Staff was directed to prepare ordinance revisions to public facility building standards in residential areas, or in the alternative to consider a moratorium. Mr. Werkmeister asked the Council why the application had been lenied. Councilmember McCrea stated it was denied because it was an inappropriate application and there was a need for rezoning. Mr. Sheldon stated the use was inappropriate. Page 12/EAGAN CITY COUNCIL MEETING MINUTES July 18, 1989 DAKOTA COUNTY STATE BANK/WAIVE ASSESSMENTS City Administrator Tom Hedges informed the Council that there was no action required by the Council as City staff was currently reviewing the assessment policy. Egan moved, Gustafson seconded, the motion to continue to the September 19, 1989 City Council Meeting, at the request by Dakota County State Bank, regarding the waiving of assessments at property located at the Southeast Quadrant of the Deerwood Drive and Blackhawk Drive intersection. All voted in favor. SPECIAL PERMIT/PRIVATE WELL/ALL SAINTS LUTHERAN CHURCH City Administrator Tom Hedges provided the background information for the Council. Public Works Director Tom Colbert explained the Williams Pipeline location. He informed the Council that monitoring wells had been installed and that a third monitoring well was needed at the location. He stated that the church has an agreement with Williams to use the well and that it would not be used for drinking water, but only for cooling and irrigation. He pointed out that the City ordinance required no use of potable water if City water was available. He explained the lesign of the cooling system and reported that the alternatives would be to either change the cooling system in the building or approve, subject to forbidding a cross connection with the City water. Mayor Ellison asked for staff recommendation. Mr. Colbert stated there were no specific recommendations and outlined the pros and cons. Councilmember McCrea had concerns regarding City liability. City Attorney Jim Sheldon pointed out that the City was not legally responsible, but that it did not prevent someone from suing the City. Public Works Director Tom Colbert reported that staff would initiate contact with Williams to determine the monitoring procedure. McCrea had concerns regarding the liability and the monitoring frequency. Councilmember Gustafson stated there was no City liability and that the City could require a periodic testing. Jack Holmes (Vanman Construction) informed the Council that the water would be used as an underground sprinkling system and that Williams Brothers did monitoring every four to six months. Pastor Larry Smith (All Saints Church) mentioned that the church was open to suggestions. Councilmember McCrea recommended the Church conduct its own sampling once a month. The pastor responded that the church did not have a problem with McCrea's recommendation. Councilmember Wachter suggested sprinkling at 2:00 Page 13/EAGAN CITY COUNCIL MEETING MINUTES July 18, 1989 a.m. as set by a timer. Wachter also stated that Williams Pipeline should have informed the City of the construction of the wells. He also stressed the need for the City to have a water irrigation policy. He pointed out that natural resources are being depleted and that the City should also look at the water uses. Councilmember Egan asked if City staff was qualified to review these issues. Public Works Director Tom Colbert informed the Council that staff could give a special report. Egan remarked that he would like the information prior to deciding on the monitoring. He had concerns regarding the on-site water usage. Mayor Ellison had concerns regarding the exposure of the water to children. The pastor pointed out that the water was drinkable and that contamination was very low. He explained that sprinkling was an economical use of the water and that the church would forego that use until the City approved. The engineer pointed out that it could be done. Councilmember Gustafson stated that Ecodine could analyze any water. He further explained that rural wells were from 50 feet to 400 feet deep. He stated he felt the Council was being too cautious on the safety issue and that the water could be tested once a week. He explained that it would only cost approximately $12.00 a month :o test the water. He felt it was a waste of the water if it was not used for sprinkling. Councilmember Egan questioned the testing procedure. Gustafson explained why the testing must be done on individual wells. Mayor Ellison commented that the City should not do the monitoring. He felt testing should be conducted twice a month between the months of May and October. He recommended the test results be submitted to the Public Works Department and if the results showed the water was unsafe, the permit would be terminated. Mr. Colbert stated that if the City routinely receives the reports, it would be assuming the liability to stop the permit if a test was below Minnesota Department of Health standards. He stated he felt the church should inform the City only when the water did not meet the Department of Health's standard. He pointed out that the City should reserve the right to inspect the reports and system at any time. Gustafson move, McCrea seconded, the motion to approve Special Permit 23-SP-8-7-89, Private Well for All Saints Lutheran Church, subject to a system being in place that requires: (1) coming out of Glacial Drift; (2) doubling as a monitoring use; (3) specifications for the air conditioning purposes; (4) the water is reused for irrigation; (5) non-potable use; (6) cross connectors and other City restrictions must be met; and (7) the applicant to test twice monthly between the months of May and October and report to the Public Works Department and if such reports show the water unsafe, in which case the permit shall be terminated. Gustafson, Ellison, Egan and McCrea voted in favor; Wachter voted against. Page 14/EAGAN CITY COUNCIL MEETING MINUTES July 18, 1989 VARIANCE/BOB OLSON/FRONT YARD SETBACK City Administrator Tom Hedges explained the variance application to the Council. Community Development Director Dale Runkle explained that the variance was to allow for the garage. Mayor Ellison pointed out that the hardship was the pumps and the tanks. The applicant agreed with the Mayor and stated the drainage was also a hardship. Mayor Ellison asked about constructing the garage on the north side. Mr. Runkle stated it would be close. Mr. Olson stated it was the original 1983 plans, but that either way was acceptable. He pointed out that the other side would encroach on the side. Egan moved, Gustafson seconded, the motion to approve the variance for Bob Olson for 10 feet to the required 30 foot front yard setback located at 2187 Storland Road.All voted in favor. SIGNAL BANK/SPECIAL USE PERMIT/TEMPORARY SIGN Community Development Director Dale Runkle presented the applications to the Council. Councilmember McCrea emphasized that the bank was a good neighbor. McCrea moved, Egan seconded, the motion to approve a temporary sign for Signal Bank at its new location at Yankee Doodle Road and Denmark Avenue, specifically located at the southwestern portion of the site, subject to the following conditions: (1) The permit is subject to a 10 foot setback requirement from all property lines. (2) The applicant shall pay the one time sign fee of $2.50 per square foot. (3) The permit shall terminate upon the erection of a pylon sign or upon the occupancy by the applicant of the bank site. All voted in favor. Egan moved, McCrea seconded, the motion to approve a special permit to allow a temporary sign on the Signal Bank site located in the northwestern portion of the site, subject to the following conditions: (1) The permit is subject to a 10 foot setback requirement from all property lines. (2) The applicant shall pay the one time sign fee of $2.50 per square foot. (3) The permit shall terminate upon the erection of a pylon sign or upon the occupancy by the applicant of the bank site. All voted in favor. CONDITIONAL USED PERMIT/TESSERACT SCHOOL/PYLON SIGN Community Development Director Dale Runkle introduced the application to the Council. Councilmember Egan had concerns regarding the appropriateness as it was an educational institution. Kristi Birch informed the Council that visibility was a )roblem for the school. Councilmember McCrea asked if the applicant would be willing to remove the telephone number from the signs. Page 15/EAGAN CITY COUNCIL MEETING MINUTES July 18, 1989 Councilmember Gustafson pointed out it was a marketing tool and that he had no concerns regarding the telephone number. Councilmember Egan stated the City wanted to maintain the dignity of the educational institution. McCrea questioned if the Council could move to exclude the telephone number from the signs. City Attorney Jim Sheldon replied that by doing so the City would be regulating commercial speech. Mayor Ellison requested that the telephone number be removed from the sign. Gustafson moved, Egan seconded, the motion to approve the conditional use permit for Tesseract School to allow a pylon sign on Lot 1, Block 1, Michael R. Sill Addition, subject to the one time sign fee of $2.50 per square foot. Gustafson and Ellison voted in favor; McCrea, Egan and Wachter voted against. The motion failed. McCrea moved, to approve the conditional use permit for Tesseract School to allow a pylon sign on Lot 1, Block 1, Michael R. Sill Addition, subject to the one time sign fee of $2.50 per square foot and further subject to the removal of the telephone lumber from the signs. Councilmember Egan pointed out that the Council could not regulate speech. There was no second to the motion. Ellison moved, McCrea seconded, the motion to deny the conditional use permit for Tesseract School to allow a pylon sign on Lot 1, Block 1, Michael R. Sill Addition. Wachter, McCrea and Egan voted in favor; Gustafson and Ellison voted against. Mayor Ellison informed the applicant that if it returned to the Council with a redesigned sign, it may be approved. CONDITIONAL USE PERMIT/LOOMIS, INC. TO ALLOW OUTDOOR STORAGE Community Development Director Dale Runkle presented an application summary to the Council. Mr. Loomis was available at the meeting for questions. Councilmember Wachter asked for the total number of vehicles or pieces of equipment to be stored. Mr. Loomis responded eight vehicles would be stored. Mayor Ellison questioned the type of screening. Mr. Runkle stated a berm with landscaping and pine trees was proposed. Wachter asked if the storage was on the industrial zoned area. Mr. Runkle responded yes. Councilmember Egan emphasized that every effort should be made to resolve the use of the land. Egan moved, Gustafson seconded, the motion to approve a conditional use permit to allow outdoor storage on Lot 5, Block 2, Halley's Addition located along Biscayne Avenue in the Southeast Page 16/EAGAN CITY COUNCIL MEETING MINUTES July 18, 1989 Quarter of Section 36, as requested by Loomis, Inc., subject to the following conditions: (1) proper screening, as recommended by the City Council, shall be provided; and (2) parking and storage shall be limited to a total of twelve vehicles or pieces of equipment not attached to the vehicles. All voted in favor. SPECIAL PERMIT/STEININGER CONSTRUCTION CO. CONCRETE PROCESSING Community Development Director Dale Runkle introduced the matter to the Council and stated that meetings had been conducted between West Publishing and the applicant. He described the location and the proposed use. He explained that the permit would be renewable on an annual basis and if the permit was not renewed, the applicant would have three to six months to vacate the facility. He pointed out that the applicant requested access off of Yankee Doodle. Greg Steininger was available at the meeting for questions. He informed the Council that the site was appropriate for the use. Councilmember McCrea commented she liked what she saw. Councilmember Egan recommended an annual review with the applicant .:o have six months to vacate if the permit was not renewed. Mayor Ellison asked for comments from West Publishing. Steve Bryant informed the Council that West Publishing originally objected because of the detrimental impact. He stated that West Publishing was sensitive to recycling and that the applicant is reputable and has assured West that it will not adversely affect the West Publishing area. He informed the Council that West Publishing did not object to an annual review. Councilmember Egan stressed that the Council always appreciated West's development sensitivity. Councilmember Wachter had concerns regarding dust. The applicant stated that the dust would be controlled. Councilmember Egan asked if conditions could be applied to a special use permit. City Attorney Jim Sheldon stated conditions could be applied to a special use permit. Egan moved, Gustafson seconded, the motion to approve a special use permit to Steininger Construction Co., Inc. to allow a concrete processing/stockpiling facility located west of Highway 149, south of Yankee Doodle Road in the North Half of Section 13, subject to the following: (1) an annual review and renewal, which renewal if terminated would provide the applicant with a six month iotice for termination; (2) soil tests of the subject site shall be submitted for review by City staff; (3) a grading permit shall be received from the Engineering Department; (4) dust control Page 17/EAGAN CITY COUNCIL MEETING MINUTES July 18, 1989 1 procedures shall be utilized; (5) hours of operation shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday; (6) access to this location shall be approved in writing by the Dakota County Department of Transportation. All voted in favor. CONDITIONAL USE PERMIT/A & W PROPERTIES/OUTSIDE STORAGE OF BARRELS City Administrator Tom Hedges informed the Council that a letter had been received from the applicant's attorney requesting the matter be referred back to the Advisory Planning Commission. Gary Fuchs (attorney for A & W Properties) said different issues were brought up at the Advisory Planning Commission Meeting. He requested the matter be returned to the Advisory Planning Commission for its August Meeting. Egan moved, Gustafson seconded, the motion to refer back to the Advisory Planning Commission for its August, 1989 Meeting, the conditional use permit application of A & W Properties for outside storage of barrels and semi-trailers. All voted in favor. PRELIMINARY PLAT/MARDELANN ADDITION Community Development Director Dale Runkle presented the application summary. Frank Hasselman (applicant) informed the Council that he had been in the City since 1960 and that his word was his bond. Doug Heiman informed the Council that there would be two outlots on the plat and that the lot was installed at the Township direction. He stated the ordinance requirements were met and he explained the drainage. The applicant informed the Council that the business had been sold and that the property meets the drainage ordinance. He felt the curbing proposed was already met and that it was an unneeded expense. Councilmember Gustafson did not see the need for the curbing around the visitor parking lot. Mayor Ellison also questioned the need for the curbing. Community Development Director Dale Runkle informed the Council that there was a need to upgrade developments. Mayor Ellison asked for Mr. Runkle's recommendation. Mr. Runkle responded that there was no specific criteria as to when new standards should be applied. He stated it was a policy question and that it should wait until a new development. Councilmember Egan agreed with Mr. Runkle. Mr. Egan pointed out that the surrounding land uses were similar. Page 18/EAGAN CITY COUNCIL MEETING MINUTES July 18, 1989 Gustafson move, Egan seconded, the motion to approve a preliminary plat consisting of one lot and two outlots on 20.16 Light Industrial Zoned Acres in the Northwest Corner of the intersection of Highway 13, and Blackhawk Road and the North Half of Section 17, as requested by LaHass Manufacturing & Sales, Inc., subject to these standard conditions of plat approval as adopted by Council action on September 15, 1987, shall be complied with: Al, B1, B2, B3, Cl, C2, D1, El, Fl and G1. All voted in favor. CONDITIONAL USE PERMIT/TESSERACT SCHOOL/PYLON SIGN Kristi Birch requested the Council reconsider the request for the pylon sign with the telephone number deleted. McCrea moved, Wachter seconded, the motion to reconsider the previous motion to deny the request for a pylon sign for the Tesseract School. All voted in favor. McCrea moved, Gustafson seconded, the motion to approve the conditional use permit to allow a pylon sign on Lot 1, Block 1, Michael R. Sill Addition located South of Silver Bell Road in the Northeast Quarter Section of 29, as requested by the Tesseract School, subject to the following conditions: (1) the one time sign fee of $2.50 per square foot; (2) the sign plan be revised to delete the telephone number. All voted in favor. SPECIAL CITY COUNCIL MEETING City Administrator Tom Hedges informed the Council that cities with populations over 2,500 should comply with the 1988 legislation regarding truth and taxation. He stated action should be taken at a Special Council Meeting to be held on Thursday, July 27, 1989. McCrea moved, Egan seconded, the motion to approve and schedule a Special City Council Workshop for Thursday, July 27, 1989. All voted in favor. PERSONNEL ITEM/TEMPORARY RECEPTIONIST City Administrator Tom Hedges informed the Council that staff recommended the hiring of Kimberly Rau as a temporary receptionist. Egan moved, Wachter seconded, the motion to approve the hiring of Kimberly Rau as temporary receptionist for the City of Eagan. FINAL PLAT/PRETTYMAN HEIGHTS Community Development Director Dale Runkle informed the :ouncil that Mr. Prettyman had negotiations in place to acquire the easements from Mr. DeLosh. He stated that the plat would not be Page 19/EAGAN CITY COUNCIL MEETING MINUTES July 18, 1989 released until the easements were obtained. Mr. Prettyman agreed to the condition. McCrea moved, Wachter seconded, the motion to approve the final plat for Prettyman Heights and authorize the Mayor and City Clerk to execute all related documents, subject to the final plat not being released until all easements have been delivered to the City. All voted in favor. R-89.39 CHANGE ORDER NO. 3/CONTRACT 88-23/CLIFF LAKE CENTRE - STREETS Public Works Director Tom Colbert stated the revision was necessary for the Rahncliff approval. He stated that two portions relate to the trunk water improvements. He recommended approving Schedules C, D and E at the present time and holding off on the others until Project 564 was approved. He commented that the amount had been revised downward to approximately $21,000.00. Egan moved, Gustafson seconded, the motion to approve Schedule C, D and E of Change Order No. 3 to Contract 88-23 (Cliff Lake Centre - Streets) and authorize the Mayor and City Clerk to execute all related documents. All voted in favor. VISITORS/SKYLINE DRIVE/VIRM Don Vimr, 1461 Skyline, informed the Council that his property was appraised and put up for sale. He commented that Skyline was being upgraded and that the proposed assessments were to be approximately $30,000.00. He stated that the pending assessment had caused two buyers to drop out and requested that each parcel be reappraised. He felt the assessments should be recalculated as the project may not be affordable. He remarked that the properties on Skyline were in limbo and requested the total cost estimate for two years. He pointed out that Minn. Stat. 429.051 states that there must be a benefit to assess for improvements. He requested the final figure. Martin DesLauriers (realtor) informed the Council that the property was listed as of June 5, 1989. He commented that the escrow must be one and one-half to two times the amount of the pending assessments and requested a reasonable figure. He commented that the one and one-half acre lot was unlikely to be split. Councilmember Egan explained this was an extremely unique and serious situation. He felt the City must bite the assessment bullet and commented that $27,000.00 seemed somewhat high. Public Works Director Tom Colbert explained the formula. Mr. DesLauriers felt the assessment should be $15,000.00 less. Egan pointed out that the City could not assess for more than the amount the land benefited from an improvement. Mr. DesLauriers Page 20/EAGAN CITY COUNCIL MEETING MINUTES July 18, 1989 reported to the Council that the Vimrs had lived in Eagan since 1959 and now wanted to move. Councilmember Egan stated he felt the property must be appraised. Public Works Director Tom Colbert commented that the final assessment was scheduled for 1990. City Attorney Jim Sheldon explained the assessment procedure and why the City could not assess early. He stated that the preliminary appraisal showed that the costs were in line. Councilmember Gustafson stated he felt Mr. DesLauriers was informing the Council that "the assessment won't fly". He felt that the appraiser could determine a preliminary benefit. Councilmember Wachter stated that the Council could not pick and choose. Councilmember Egan declared that all of the neighbors were in limbo and that the Council should resolve the issue as quickly as possible. Mayor Ellison informed the property owners that the City would expedite the matter, but that it would continue through the regular process. City Attorney Jim Sheldon informed the Council that there was no basis for a lawsuit by Vimr against the City as the City was proceeding reasonably. STONEBRIDGE SECOND ADDITION/PROJECT 581/TRUNK STORM SEWER Public Works Director Tom Colbert presented the petition to the Council and requested authorization to prepare a feasibility report and detailed plans and specifications. Egan moved, McCrea seconded, the motion to receive the petition and authorize the preparation of a feasibility report together with detailed plans and specifications for Project No. 581 (Stonebridge Second Addition - Trunk Storm Sewer). All voted in favor. COUNCIL DISCUSSION Community Development Director Dale Runkle stated there were matters to be reviewed by the Council regarding Rahncliff 3rd Addition. Mayor Ellison stated the matter might be reviewed at the July 27, 1989 Council Workshop. City Administrator Tom Hedges remarked that the Rahn Road financing matter should be added to the Special Council Workshop also. City Administrator Tom Hedges informed the Council that Diffley Road would be closed the 20th of July and reopened on November 1st. Public Works Director Tom Colbert stated that the Lexington Avenue bids would be received on August 15th and predicted that no road construction would occur this year. Page 21/EAGAN CITY COUNCIL MEETING MINUTES July 18, 1989 Councilmember Wachter requested staff to propose a water use ordinance regarding air conditioning. Public Works Director Tom Colbert stated that staff would provide the Council with the information. There was further discussion regarding the water use and the well project. Councilmember Gustafson stated he agreed with a restriction of private wells, but felt the All Saints Lutheran Church matter was a unique situation. Wachter moved, Gustafson seconded, the motion to approve a study regarding a water use policy. All voted in favor. Councilmember Gustafson stated he had concerns regarding some Council decisions in the recent past. As an example he pointed out that he felt the Williams Pipeline drilled wells were a separate issue from the church application. He also stated he felt personal feelings regarding the Tesseract School marketing were interfering with a decision by the Council. There was further discussion regarding the Tesseract sign. Mayor Ellison informed the Council that the Governor Task Force would be meeting on Thursday, July 20, 1989. CHECKLISTS Councilmember Wachter had questions regarding the bills for the television, shade tree and bike path. City Administrator Tom Hedges stated staff would investigate the matter. Wachter moved, Gustafson seconded, the motion to approve the checklist dated July 18, 1989, in the amount of $1,234,933.45. All voted in favor. ADJOURNMENT Wachter moved, McCrea seconded, the motion to adjourn the July 18, 1989 City Council Meeting at 11:05 p.m. All voted in favor. CITY OF EAGAN By: 4E. Van ve beke Cit Clerk