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08/01/1989 - City Council Regular MINUTES OF REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA August 1, 1989 A regular meeting of the Eagan City Council was held on Tuesday, August 1, 1989, 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 McCrea moved, Wachter seconded, the motion to approve the agenda, subject to the following items being continued: Consent Agenda - Item H (Final Plat - Cray 2nd Addition); Public Hearings - Item B (Cedarvale Boulevard), Item C (Project 572 - Lexington Way), and Item E (Diffley Road Vacation); Old Business - Item A (Park Center Addition); and New Business - Item G (Ordinance Amendment - Trail Dedication Requirements). All voted in favor. MINUTES July 18, 1989. Councilmember Gustafson requested the correction on page 14, paragraphs 4 and 5, the second to the last sentence, the word "vacancy" should be replaced with "occupancy". Councilmember Egan requested an addition of a paragraph on page 11 following paragraph 7 as follows: "Staff was directed to prepare ordinance revisions to public facility building standards in residential areas, or in the alternative to consider a moratorium." Councilmember Egan also requested the correction on page 15 regarding the Michael R. Sill Addition motion. "Egan" should be replaced with "Ellison". Public Works Director Tom Colbert requested the following change on page 12, the last paragraph, the words "cross checking" should be replaced with "monitoring", and on page 13, paragraph 2, the correction of the spelling for "economical". He also requested a change on page 13, paragraph 3, the last half of the paragraph should read: "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 Page 2/EAGAN CITY COUNCIL MEETING MINUTES August 1, 1989 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." Mayor Ellison also requested a change to the motion on page 13 regarding All Saints Lutheran Church. The motion should read: "Gustafson moved, 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 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." Gustafson moved, Wachter seconded, the motion to approve the minutes for the July 18, 1989 regular Council meeting as amended. All voted in favor. DEPARTMENT HEAD BUSINESS/PARKS DEPARTMENT ACQUISITION/DIFFLEY-LEXINGTON ATHLETIC SITE City Administrator Tom Hedges introduced the matter to the Council. Director of Parks and Recreation, Ken Vraa, further described the location of the parcel. Councilmember Egan asked if the price was comparable to the previously approved 67 acre acquisition. Mr. Vraa responded that the price was comparable at approximately $9,000.00. He explained that the seller requested $7,500.00 with the City paying the taxes and assessments. Mayor Ellison asked if the proposed purchase was a key parcel. Mr. Vraa responded affirmatively. Mayor Ellison questioned if there were concerns regarding tax forfeiture. Mr. Vraa stated tax forfeiture was a possibility. Community Development Director Dale Runkle pointed out that the property was zoned Multiple Residential and that the value of the property would increase. Councilmember Wachter had concerns regarding the development of a one-half acre parcel. He stated he felt the price was expensive. There was further discussion Page 3/EAGAN CITY COUNCIL MEETING MINUTES August 1, 1989 regarding tax forfeiture, development of the property and the value of the property. Councilmember Wachter recommended a purchase price of $7,500.00 with the seller paying the taxes and the City paying the assessments. Community Development Director Dale Runkle stated three townhouses could be constructed on the property. The Council directed staff to negotiate the acquisition of the parcel at the purchase price of $7,500.00, with the City paying the assessments and the seller paying the taxes. PARKS DEPARTMENT/ARCHITECTURAL SERVICES/PARK SHELTER Parks and Recreation Director Ken Vraa updated the Council on the matter. Councilmember McCrea requested further information regarding the architectural firm's fee. Mr. Vraa replied that it would be an hourly fee which would not exceed 7% to 11% of the total project cost. Councilmember McCrea stated the City should have a policy regarding sole source competitive bidding. She favored requesting proposals if time allowed. She requested staff search for local companies which hired minority employees. Councilmember Egan agreed with McCrea. Mayor Ellison suggested using designs from previous buildings and foregoing architects. Mr. Vraa stated there was a need for the architects. Councilmember Gustafson stated that the City owned the plans and that an architect should not charge for duplication. McCrea moved, Egan seconded, the motion to authorize request for proposals of architectural services to select an architectural firm for the construction of park shelters and directing staff to establish a policy determining when requests for proposals should be required. All voted in favor. FINANCE DEPARTMENT/RENEWAL/GENERAL INSURANCE AND WORKERS' COMPENSATION City Administrator Tom Hedges introduced the matter to the Council. Jeff Bowers of First Insurance thanked the Council for the renewal. He presented his recommendations to the Council and answered questions regarding the insurance coverage. Wachter moved, McCrea seconded, the motion to approve the insurance renewal of First Insurance for July 1, 1989 through June 30, 1990. All voted in favor. Page 4/EAGAN CITY COUNCIL MEETING MINUTES August 1, 1989 DAKOTA COUNTY YARD WASTE BAN Assistant to the City Administrator Jon Hohenstein answered questions regarding yard waste disposal. Mayor Ellison reported that haulers would still pick up yard waste but would charge for the service. Councilmember McCrea commended City staff and the Mayor on their concerns regarding the environment. DEPARTMENT HEAD BUSINESS Councilmember Wachter informed the Council he had received a letter regarding construction problems with a developer. He stated the matter had been turned over to Doug Reid. Councilmember Egan informed Police Chief Geagan that several cars were being displayed with "For Sale" signs. He urged enforcement. Police Chief Geagan stated he would notify the patrol officers. CONSENT AGENDA A. Personnel Items. 1. Police Officer. It was recommended to approve the hiring of David Stubstad as a police officer effective September 1, 1989. 2. Receptionist. It was recommended to approve the hiring of the person recommended for hire as of August 2, 1989, as receptionist for the City of Eagan, subject to successful completion of the City's physical examination requirement. B. Renewal, Gambling License for Lions Club at Cedarvale Lanes. Councilmember McCrea requested the Eagan Lions Club report to the City at the end of one year regarding the distribution of the funds. It was recommended to approve the gambling license renewal application submitted by the Eagan Lions Club for the sale of pull-tabs at Cedarvale Lanes. Page 5/EAGAN CITY COUNCIL MEETING MINUTES August 1, 1989 C. Supplemental Indenture, $20,460,000.00 Single Family Mortgage Revenue Bonds Series 1980. It was recommended to approve the resolution approving and authorizing the execution of a second supplemental trust indenture - $20,460,000.00 Single Family Mortgage Revenue Bonds Series 1980. D. 1989 General Fund Budget Adjustment/Contributions. Councilmember Wachter thanked the contributors on behalf of the City. It was recommended to approve the 1989 General Fund Budget adjustments as presented. E. Senior Citizen Deferment Application. It was recommended to approve a senior citizen deferment on Project 520, which installed the trunk utility improvements in the Manor Lake Addition, for Ella and Otto Holz of 4665 South Robert Trail. F. Contract 88-18 for Thomas Lake Park Pavilion to Accept Final Payment. It was recommended to approve the final payment for Contract 88-18 to Astleford Construction, Inc. in the amount of $11,311.00. G. Renewal, Janitorial Services for Park Shelter Buildings. It was recommended to authorize the Mayor and City Clerk to enter into a one year extension of an agreement for providing janitorial and general clean-up within City parks by Dakota, Inc. on an as-needed basis. H. Final Plat, Cray 2nd Addition. It was recommended to continue to the August 15, 1989, City Council meeting the final plat for Cray 2nd Addition. I. Contract 88-31, Final Payment/Acceptance (Well No. 12). It was recommended to approve the seventh and final payment of Contract 88-31 (Well No. 12) in the amount of $19,153.70 to Keys Well Drilling, Inc. and accept the project for perpetual maintenance subject to contractual warranty provisions. Page 6/EAGAN CITY COUNCIL MEETING MINUTES August 1, 1989 J. Approve 1990 Budget for Black Dog Lake Watershed Management Organization. It was recommended to approve the 1990 budget for the Black Dog Lake Watershed Management Organization. K. Project 582, Receive Petition/Order Feasibility Report (Manor Lake 3rd and 4th Additions - Trunk Utilities). It was recommended to receive the petition for Project 582 (Manor Lake 3rd and 4th Additions - Trunk Utilities) and authorize the preparation of the feasibility report. L. Receive Final Assessment Roll/Order Public Hearing (Dallas Development 2nd Addition - Streets and Utilities). It was recommended to receive the final assessment roll for Project 495 (Dallas Development 2nd Addition - Streets and Utilities) and schedule a public hearing to be held on September 5, 1989. M. Receive Final Assessment Roll/Order Public Hearing (Cutters Ridge Addition - Utilities). It was recommended to receive the final assessment roll for Project 512R (Cutters Ridge Addition - Utilities) and schedule a public hearing to be held on September 5, 1989. N. Receive Final Assessment Roll/Order Public Hearing (General Electric Supply Company - Storm Sewer). It was recommended to receive the final assessment roll for Project 554 (General Electric Supply Company - Storm Sewer) and schedule a public hearing to be held on September 5, 1989. 0. Project 577, Receive Feasibility Report/Authorize Public Hearing (Rustin Road). It was recommended to receive the feasibility report for Project 577 (Rustin Road - Street Improvement) and schedule a public hearing to be held September 5, 1989. P. Contract 88-S, Final Acceptance (Town Centre 70 - Ninth Addition - Storm Sewer). It was recommended to accept Contract 88-S (Town Centre 70 - Ninth Addition - Storm Sewer) for final acceptance, subject to appropriate contract warranty provisions. Page 7/EAGAN CITY COUNCIL MEETING MINUTES August 1, 1989 Q. Contract 89-01, Receive Bids/Award Contract (1989 Seal Coating). Public Works Director Tom Colbert recommended the "chip" seal coat. Mayor Ellison requested the amount be reduced to meet the budget constraints. It was recommended to receive the bids for Contract 89-01 (1989 Seal Coating) and award the contract to Astech for the alternate bid not to exceed $150,000.00. R. Vehicle No. 136, Approve Specifications/Authorize Bid Solicitation (Public Work Street Crack Sealer/Melter/Applicator). It was recommended to approve the specifications for Vehicle No. 136 (Street Maintenance Crack Sealer/Melter/Applicator) and authorize the solicitation of bids with a bid opening scheduled for 10:00 a.m. Friday, August 25, 1989. Egan moved, McCrea seconded, the motion to approve the consent agenda items as amended, and authorize their implementation. All voted in favor. VACATION/KINGSWOOD 2ND ADDITION City Administrator Tom Hedges summarized the background information for the Council. McCrea moved, Wachter seconded, the motion to close the public hearing and vacate the abandoned sanitary sewer easement within the Kingswood 2nd Addition. All voted in favor. VACATION/CEDARVALE BOULEVARD Egan moved, McCrea seconded, the motion to continue the public hearing for vacating a portion of Cedarvale Boulevard to the August 15, 1989 City Council meeting. All voted in favor. PROJECT 571/CRAY ADDITION/STORM SEWER Wachter moved, Gustafson seconded, the motion to continue the public hearing for Project 571 (Cray Addition - Storm Sewer) to the August 15, 1989 City Council meeting. All voted in favor. PROJECT 572/LEXINGTON WAY/STREET AND TRUNK WATERMAIN City Administrator Tom Hedges updated the Council on the matter. Public Works Director Tom Colbert informed the Council the street improvement did not address the cul-de-sac question. He recommended continuing the matter to the August 15, 1989 City Council meeting. Page 8/EAGAN CITY COUNCIL MEETING MINUTES August 1, 1989 .^r4 Bob Frigaard (OSM) presented the feasibility report to the Council. He outlined the cost and the proposed assessments. Public Works Director Tom Colbert informed the Council that the proposed improvement was initiated by staff as Lexington Way was in a poor condition. He stated the church property and the Soderholm property were both capable of being developed and that the watermain was being installed now. He suggested discussing the project concurrent with the church development proposal which will be on the August 15, 1989 Council agenda. Councilmember Egan felt it was dangerous to allow Lexington Way to connect to Lexington upon the upgrade. He stated he had presumed Lexington Way would be a cul-de-sac and pointed out he favored the cul-de-sac proposal. Public Works Director Tom Colbert reviewed the history of the road. He reported that the length of the cul-de-sac would be 1,100 feet. He informed the Council that the church had concerns regarding a public street constructed through the middle of its property. He commented that the Soderholm proposal provided access to the property through the Soderholm piece which would have allowed the Lexington Way/Lexington access to remain open. The :hurch currently opposes the cul-de-sac. Councilmember Egan stated the City must "bite the bullet" or the land would not develop. He felt there should be an overall plan for the entire parcel. Councilmember Wachter pointed out that the only reason the Soderholm proposal was not approved was because of the use. He was not in favor of the cul-de-sac as he felt it was too long. Gary Fuchs (representative for Lexington Way residents) favored a cul-de-sac. He stated there would be either one or two accesses off of Lexington depending upon the Soderholm development. He pointed out that access to the Soderholm property is available off Diffley and Lexington Way. He stated that Lexington Way was a dangerous shortcut and that closing it was a safety factor. He informed the Council the residents were concerned regarding the assessments. He agreed with Mr. Colbert's request to continue the matter to the August 15, 1989 Council meeting. Jim Haaglund (Covenant Church) stated that access through the church property would destroy the value of the property. He informed the Council the church had worked with the Soderholm developers. He had concerns regarding the ability to build the church with access off Diffley only. He supported the access onto Lexington from Lexington Way. He felt the cost of the improvement would not benefit the church and stated that the neighbors would be isolated. He requested that the development of the church be a separate item from this issue. Page 9/EAGAN CITY COUNCIL MEETING MINUTES August 1, 1989 Councilmember Gustafson asked if the church would agree to a cul-de-sac if access came from the Soderholm property. The developer stated they would agree if it happened in the near future, or in the alternative, give the church access across from the apartments. Don Warkentien (neighbor) reported that the City recommended the cul-de-sac because of the dangerous intersection. He stated he did not want to obstruct the church construction. Wes Schmid (neighbor) pointed out that the intersection was dangerous as there is a problem with speeding. Joe Krisnik, 4195 South Lexington Way, favored the upgrading to Lexington Way and further favored the cul-de-sac. Dave Vogt, 4115 Lexington Way, favored the cul-de-sac for safety reasons. The developer requested a guaranteed access across from the Episcopalian Church if Lexington Way ended in a cul-de-sac. Councilmember Gustafson felt it made sense to construct a cul-de-sac and establish access through the Soderholm property. He pointed out that the length of the cul-de-sac was long. He questioned the potential of development on the west side of Lexington Way cul-de-sac. Public Works Director Tom Colbert explained the access considerations. Councilmember Gustafson asked if a temporary access would be feasible should the access be constructed across from the apartments and the cul-de-sac was constructed. Mr. Colbert stated that the County may allow a temporary access under those conditions. Councilmember McCrea felt it made sense. Mr. Colbert pointed out it was premature to construct the Soderholm access until the development of the property. Councilmember Wachter stated he felt the north access onto Lexington was better than the south onto Diffley. He had concerns regarding the cost of the cul-de-sac and stated that the parcel would be better served by not constructing the cul-de-sac. Public Works Director Tom Colbert pointed out that the access onto Diffley would only be used by people going west and that the other traffic would use the temporary access onto Lexington. Bob Frigaard explained the cul-de-sac costs. Councilmember Egan questioned the length of the cul-de-sac. Mr. Frigaard replied that the length of the cul-de-sac would be 600 feet to 700 feet. Councilmember Egan was in favor of a cul-de-sac with the church access. Councilmember Wachter recommended the review of the church proposal by the Council before acting upon this item. Mayor Ellison expressed his opinion that the Council could give direction at the August 1, Page 10/EAGAN CITY COUNCIL MEETING MINUTES August 1, 1989 1989, meeting. He was in agreement with the cul-de-sac solution and urged providing a temporary access for the church. He had no concerns regarding the length of the cul-de-sac. Councilmember Egan was in agreement with Mayor Ellison. Egan moved, McCrea seconded, the motion to close the public hearing and approve Project 572 (Lexington Way - Street and Trunk Watermain) and authorize the preparation of detailed plans and specifications, subject to the design including a cul-de-sac with a temporary cross-easement connection and temporary access across from the apartments. Gustafson, Ellison, Egan and McCrea voted in favor; Wachter voted against. VACATION/DIFFLEY ROAD Gustafson moved, Egan seconded, the motion to continue the public hearing until the September 5, 1989 Council meeting to consider the vacation of abandoned County right-of-way (Diffley Frontage Road - West of Pilot Knob Road). All voted in favor. PARK CENTER ADDITION Gustafson moved, McCrea seconded, the motion to continue until the August 15, 1989 City Council meeting the Comprehensive Guide Plan amendment changing the land use designation from D-III to CPD, a rezoning from Agricultural to Planned Development, a preliminary plat consisting of 6 lots and a conditional use permit for pylon signs located along the north side of Cliff Road (Park Center Addition). All voted in favor. STRYKER ADDITION/PRELIMINARY PLAT City Administrator Tom Hedges introduced the matter to the Council. Community Development Director Dale Runkle presented the staff report and background regarding the matter. He informed the Council that the Advisory Planning Commission recommended approval subject to eight conditions. Dave Grannis (attorney for applicant) informed the Council that the property was fully developed and there was a need, because of a potential sale, for two separate tax parcels. He was unsure of the full economic impact of the conditions upon the applicant. He requested a continuance of the matter for one month for review of the Advisory Planning Commission conditions. Councilmember Egan announced that the Council could approve the continuance and if the applicant desired to withdraw the matter from the Council agenda, it could do so at a future date. Attorney Grannis asked if the applicant could be put on the agenda at a future date to request condition changes. Councilmember Egan informed Mr. Grannis that the applicant had that right. Mayor Page 11/EAGAN CITY COUNCIL MEETING MINUTES August 1, 1989 Ellison asked if the applicant approved of the conditions. The applicant renewed his request for a continuance. Councilmember Egan felt there was not a need for a continuance as there had been sufficient time since the Advisory Planning Commission meeting. The applicant informed the Council that he had been in receipt of the Advisory Planning Commission minutes for only three days and had not received the Council notice until the previous week. He acknowledged that staff is extremely busy. Councilmember McCrea had no concerns regarding a continuance but did want the conditions met by the applicant. Councilmember Gustafson was in agreement with McCrea. He felt the Council should approve the matter and let the applicant return to the Council for minor modifications. The applicant stated he had no problem with the Council's approach. City Administrator Tom Hedges recommended the applicant waive the 120-day requirement if the matter was continued. McCrea moved, Egan seconded, the motion to approve the preliminary plat entitled Stryker Addition consisting of two lots on 3.88 Community Shopping Center zoned acres with existing buildings located at the south intersection of Beau D'Rue Drive and Rahn Road in the northeast quarter of Section 19, as requested by DCR Company, subject to the following conditions: 1. All applicable standard plat conditions shall be adhered to. 2. A survey of the residual unplatted area shall be submitted with the final plat submission for the parcel file. 3. Cross ingress/egress and parking easements shall be submitted with the final plat. 4. The parking lot shall have a 20 foot setback along the public streets and shall be resurfaced and striped and shall have concrete cubs. 5. The current overgrown shrubbery shall be trimmed, removed or replaced. Understory trees and shrubs should be planted to screen the parking area. 6. The trash containers should be enclosed in a structure attached to the building and constructed of similar materials as the building. The back wall and the air conditioning units should be covered and the ice cooler should be removed. 7. The liquor store lot should be cleaned, the weeds removed and it should be either seeded or sodded. 8. The adjoining parking lot should be resurfaced and striped. All voted in favor. SEE PLAT FILE Page 12/EAGAN CITY COUNCIL MEETING MINUTES August 1, 1989 SENECA WASTE WATER TREATMENT PLANT/BETTY BASSETT City Administrator Tom Hedges reviewed the background information for the Council and referenced various memos by the staff regarding the matter. Betty Bassett read a paragraph from her letter regarding the lift and metering station. She played a tape from the odor meeting. She informed the Council the shaft had been repaired and the smell was down. She stated the lift station and the metering station were not being enlarged. She asked who had approved the change of plans. She requested the City ask MWCC to install its original proposal. Mike Corbet, 2125 Wuthering Heights, had concerns regarding his own well going dry. He stated he felt it was a waste of water and informed the Council it was hurting him financially as two million gallons of water were being pumped away every day. Mayor Ellison asked if the City could regulate the water pumping. Public Works Director Tom Colbert replied that the DNR issued the permits and that the City did not regulate the water pumping. Councilmember Wachter asked if the water pumping was a permanent situation. Ms. Bassett stated that Seneca was pumping 200,000 gallons a day at the present time and that by the fall they would be requesting two million gallons a day, at which time it would be a permanent situation. Gordy Eistad informed the Council he had lost his well on July 15 and that the Seneca plant offered to either drill a well or hook him up to the City water and sewer. He stated Seneca had sent drinking water and felt they had acted decently in the matter. Mary Ramrod, 3785 Nicols Road, had concerns regarding the MPR radio towers in the scenic easement. Community Development Director Dale Runkle pointed out that a public hearing would be held before the Advisory Planning Commission on August 27, 1989. Ms. Bassett felt there was bad faith on the part of the Seneca plant and that Eagan should not consider the matter. City Administrator Tom Hedges stressed that the City had not prompted the application by Seneca but that Seneca had a right to apply. Al Ehrens, 2133 Silver Bell Road, reported odor problems and felt the MWCC could control the odors. He had concerns regarding his land collapsing due to the de-watering. Ms. Ramrod stated that the MWCC had not acquired the proper fill permits from the Army Corps. Mr. Hedges stated staff would investigate the matter. Page 13/EAGAN CITY COUNCIL MEETING MINUTES August 1, 1989 John Wesley, 1747 Bluebill, reported that the MWCC was going to the legislature to request increased de-watering. He stated there was a need for an environmental conciliator to take the burden from the City. He pointed out that de-watering was covered under the City's zoning ordinance. City Administrator Tom Hedges explained that the MWCC stated the bids were too high, but there was no mention of project cut back. The MWCC also would like an environmental conciliator. He commented it may be worth the City pursuing an environmental conciliator. Mr. Wesley recommended Becky Comstock. Ms. Bassett requested that someone in the City Hall be aware of the environmental law. Councilmember McCrea requested staff review the de-watering issue and to work with the DNR to investigate the impact. Councilmember Wachter agreed with McCrea's request and stated it was disturbing news. He had concerns regarding the impact on the wells. Councilmember Egan agreed and felt some action should be taken. Public Works Director Tom Colbert informed the Council that the action had been anticipated and that a condition in the agreement requires the MWCC to hook up residents to City water if the wells go dry. He stated it was not a hazard as the wells are shallow and that the water flows to the Minnesota River. He emphasized there was no need for alarm. Councilmember McCrea asked why the DNR required a special permit. She requested staff report back to the Council as she wanted to know if the agreement was working. Public Works Director Tom Colbert explained that one City well pumps approximately 1.2 million gallons a day. He stressed that the agreement had been adequate and provided methods to resolve problems. Councilmember Egan announced he had spoken to Ray Paine of the MWCC who had confirmed the resident and other memo information. He had concerns regarding paragraph 3.2c of the agreement and questioned if the City could monitor a default of that section. City Administrator Tom Hedges replied that the City was not prepared to address the issue and that additional information should be pursued. He informed the Council he had not yet reviewed the Voss letter. Councilmember Egan had concerns regarding the scenic easement. Councilmember McCrea had concerns and stated that everyone had a right to apply to the Council. She was committed to the scenic easement but opposed to pre-judging. Councilmember Egan stated there was not prior constraint and that there was only a symbolic show of support. Mayor Ellison pointed out that the applicant could come before the Council and plead its case. Councilmember Gustafson Page 14/EAGAN CITY COUNCIL MEETING MINUTES August 1, 1989 agreed with the Mayor but had reservations regarding conditions on the Council's decisions subject to the neighbors approval. Egan moved, Wachter seconded, the motion not to amend the use of the scenic easement, without the strong approval and support of the surrounding residents for the MPR tower application. Egan and Wachter voted in favor; McCrea, Ellison and Gustafson voted against. The motion failed. RELIANCE REAL ESTATE SPECIAL USE PERMITS/ TEMPORARY ADVERTISING SIGNS Community Development Director Dale Runkle summarized the applications for the Council. The applicant, Tim Nesvold, was present at the meeting. He informed the Council he was unaware of the ordinance before he erected the signs. Councilmember McCrea asked for the timeframe. The applicant responded the timeframe was between 3 and 12 months. Mayor Ellison asked if any of the owners of adjacent properties had concerns. The applicant stated he was not aware of any problems. McCrea moved, Gustafson seconded, the motion to approve a Special use permit for Reliance Real Estate for a temporary advertising sign located at the northeast quarter of Section 19. 1. The signs shall be subject to a one-time sign permit fee of $2.50 per square foot. 2. The signs shall meet setback requirements. 3. The temporary advertising signs shall be permitted for one year from the date of approval (August 1, 1990). Gustafson, Ellison, Egan and McCrea voted in favor; Wachter voted against. McCrea moved, Gustafson seconded, the motion to approve a special use permit for Reliance Real Estate for a temporary advertising sign located north of Highway 13 in Section 19. 1. The signs shall be subject to a one-time sign permit fee of $2.50 per square foot. 2. The signs shall meet setback requirements. 3. The temporary advertising signs shall be permitted for one year from the date of approval (August 1, 1990). Gustafson, Ellison, Egan and McCrea voted in favor; Wachter voted against. Page 15/EAGAN CITY COUNCIL MEETING MINUTES August 1, 1989 Councilmember Egan suggested issuing a double sign fee for people requesting a special use permit after the fact. Councilmember McCrea stated that every City has different requirements. FAIRVIEW DEVELOPMENT COMPANY/CONDITIONAL USE PERMIT/ PYLON SIGN City Administrator Tom Hedges briefed the Council regarding the conditional use permit. Community Development Director Dale Runkle gave a review of the application. Ray Peren (Fairview) was present at the meeting. Councilmember Egan questioned the size of the sign. Gustafson moved, Egan seconded, the motion to approve a conditional use permit for a freeway pylon sign as requested by Fairview Development Company to be located adjacent to I-35E in the southwest corner of the lot, subject to the following conditions: 1. The sign shall be subject to a one time sign fee of $2.50 per square foot. 2. All trash containers shall be contained within the building. 3. The fabric sign shall be removed. All voted in favor. HOOVESTAL/CONDITIONAL USE PERMIT/TRUCK AND TRAILER SALES City Administrator Tom Hedges summarized the application for the Council. Community Development Director Dale Runkle updated the Council. Wayne Hoovestal (applicant) informed the Council the requested permit was for trucks and trailers. Councilmember Wachter asked if eight items were enough. The applicant replied affirmatively. Wachter moved, Gustafson seconded, the motion to approve a conditional use permit to allow the sale and lease of used trucks and trailers as a secondary use on Lots 3 and 4, Eagandale Center Industrial Park No. 2, subject to the condition that no more than eight semi-trucks and/or trailers for sale or lease shall be on-site at one time. All voted in favor. WEST PUBLISHING THIRD ADDITION/PRELIMINARY PLAT City Administrator Tom Hedges introduced the matter to the Council. Community Development Director Dale Runkle provided an application summary and the background on the matter. He outlined the staff report. Page 16/EAGAN CITY COUNCIL MEETING MINUTES August 1, 1989 Councilmember McCrea questioned the rezoning. Mr. Runkle explained the process. Steve Bryant (West Publishing) was present at the meeting. He informed the Council that West was working on an overall site plan. Councilmember Egan asked what percentage of West Publishing would be operating in Eagan. Mr. Bryant responded that 50% of staff and all production would be in Eagan. He stated a master plan would probably be presented by September. Mayor Ellison welcomed the expansion of West Publishing in Eagan and stated it was good news for Eagan as West was a good corporate citizen. Gustafson moved, Egan seconded, the motion to approve a preliminary plat of 14.5 Light Industrial acres for an office building use located north of Wescott Road and west of Highway 149 in the southwest quarter of Section 13, known as West Publishing Third Addition, as requested by West Publishing Company, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, B1, B2, B3, B4, C1, C2, C4, C5, D1, El, and G1. 2. All trash shall be either contained within the building or enclosed in an attached structure constructed of the same material. 3. All rooftop mechanical equipment shall be suitably screened. 4. The Agricultural parcel issue shall be resolved by the end of 1991 by either a Planned Development Agreement or the City rezoning the property. Said rezoning by the City shall not be objected to by West Publishing Company. All voted in favor. SEE PLAT FILE PEACEFUL HEIGHTS 2ND/PRELIMINARY PLAT City Administrator Tom Hedges introduced the matter. Community Development Director Dale Runkle recapped the staff report. Mr. Hedges pointed out that options should be kept open for the ponding in the drainage area. Public Works Director Tom Colbert requested a modification to condition number 5. Gustafson moved, McCrea seconded, the motion to approve a preliminary plat consisting of 12.68 Public Facility acres for a church expansion located along Glory Drive west of Nicols Road in the northwest quarter of Section 30, known as Peaceful Heights 2nd Addition as requested by Peace Reform Church, subject to the following conditions: Page 17/EAGAN CITY COUNCIL MEETING MINUTES August 1, 1989 .~d 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987, shall be complied with: Al, Bi, B2, B4, C1, C2, C4, C5, D1, El, F1 and Gi. 2. All conifers must be six feet tall and additional landscaping along the highway and also along the south property line must be provided. 3. All trash shall be contained within the building or the enclosure shall be attached to the building and constructed of the same materials as the building. 4. The proposed ponding area is limited to a 1.4 cfs outlet. 5. The development is required to provide adequate ponding to accommodate the natural drainage or on-site drainage associated with this plat. 6. The development will be required to provide additional hydrant coverage as required by the Fire Mashall. 7. The volkswagan van shall be removed from the property. Gustafson, Ellison, Egan and McCrea voted in favor; Wachter voted against. SEE PLAT FILE ORDINANCE AMENDMENT/TRAIL DEDICATION REQUIREMENTS City Administrator Tom Hedges explained the ordinance amendment as proposed. Councilmember McCrea recommended review by the Developers' Task Force. Mr. Hedges suggested a 30 day continuance to the September 5, 1989 City Council meeting. McCrea moved, Gustafson seconded, the motion to continue to the September 5, 1989 City Council meeting the amendment to the City Code, Chapter 13 for adoption of the park and trail dedication policy, to allow review by the Developers' Task Force. All voted in favor. FAIRWAY HILLS/REQUEST FOR COST PARTICIPATION Public Works Director Tom Colbert presented the background information and stated staff had not given any approval to the request. He informed the Council the developer had installed the retaining wall at its expense. Al Herrmann (Fairway Hills) stated he had tried to obtain help from the City staff and informed the Council he was not asking for the City to pay for the errors. He requested the same treatment any Page 18/EAGAN CITY COUNCIL MEETING MINUTES August 1, 1989 other citizen. He felt the staff report was self-serving. He informed the Council that Roger Derrick and Bill Mauer were present at the meeting. Bill Mauer felt the matter should have been resolved at staff level. He commented on the Foertsch letter. He pointed out the design was made in 1986 and it was intended to build the frontage road but that the County had cut off 100 feet of frontage and left only 10 feet. He pointed out that the letter dated March 22, 1988 was regarding Fairway Hills 2nd Addition and not the addition in question. He stated the retaining wall was too close to the frontage road and that the road had not been changed since 1986. He passed out the County plans and stated the plans had been changed - the 1987 plans differed from the 1989 plans. He commented that there is now a retaining wall. He reiterated that the developer requested the same consideration as other citizens and pointed out the other differences. He reported that the current problem was that the retaining wall was too close to the curb and that construction had been stopped to resolve the problem. He stated additional costs in design and the utility relocation would be entailed to revise the plans. He stated that the developer had submitted detailed drawings and as a resident of Eagan for 14 years, he felt staff was unwilling to cooperate. He threatened litigation. Roger Derrick said he was involved with the project from the beginning. He stated City and County approval had been received in 1986 and that the 1st Addition was built in 1987. He pointed out that the Pilot Knob upgrade created the necessity for the retaining walls. He commented that he would not do it on his subdivision. He pointed out that the retaining wall was built to prevent collapse as the City would not allow a service road. He requested that the expenses that resulted from the County project be paid by the County project. He emphasized that it was constructed at the City's request. Al Herrmann gave an example of the problem and alluded to a private driveway connection. He requested the retaining wall, the guard rail, the redesign, and the easements be paid as a part of the project. He felt the costs should be an assessment. He commented that errors had been made and explained that he had hoped his entire letter would have been reprinted in the packet. He asked the Council to be the judge. Public Works Director Tom Colbert asked Mr. Herrmann for the bottom line. Mr. Herrmann responded $20,000.00 to $30,000.00 above and beyond the expenses. He felt it should be included in the project and spread as an assessment over the entire project area. Mr. Derrick stated the County should pay the costs. Mr. Colbert stated the County Commissioners should address the issue as Page 19/EAGAN CITY COUNCIL MEETING MINUTES August 1, 1989 the County had determined it to be an unassumed cost. He stated if the County did assume the costs, the City would pay through a cost sharing agreement. However, the City would have to pay 100% if the County did not participate. Mayor Ellison asked if it was a condition of the preliminary plat approval. Mr. Colbert responded affirmatively. He pointed out the developer was required to install all local streets at 100% of the cost and that the retaining wall was a response to the developer's design. He pointed out the developer had a design option to lower the street. He reported that the developer's engineer had yet to submit adequate design plans. He felt the City was being asked to compromise its position because of the developer's design. He had concerns regarding safety. He pointed out the catch basins could be readjusted. He indicated the plans had never been approved and stated the City required proper construction. He informed the Council that the developer had always been made aware of its obligations and that the frontage road was rough graded. He explained that staff was responding to the developer but that the answer they were giving was not what the developer wanted to hear. He reiterated the plans had never been approved. Mr. Herrmann asked why the utilities were installed if there were no approved plans. Mr. Colbert explained that phase 2 had not been approved. Councilmember Egan asked how much had been constructed that had not been approved. Mr. Colbert explained the end of construction. Mayor Ellison expressed the following three points: (1) the required frontage road was a condition of plat approval; (2) the ball is in the County's court; and (3) the Council required legal advice before taking any action. Councilmember McCrea indicated a need to review the matter with the County before City participation as there was a need to clarify the contentions. She recommended Mr. Colbert review the matter with Mr. Hedges to present a report concerning the situation. Councilmember Egan remarked there appeared a difference of opinion as to what had or had not been approved. He requested further information and expressed his opinion that the applicant should approach the County. Public Works Director Tom Colbert explained that the frontage road had to be built and that the delay could cause problems. He urged proceeding with the construction and keeping track of the costs. He stated proper plans should be submitted and that assistance could be given in obtaining the easement, other than the cost participation. City Administrator Tom Hedges requested continuing the matter to the September 5, 1989 City Council Page 20/EAGAN CITY COUNCIL MEETING MINUTES August 1, 1989 meeting. He asked if there were any questions regarding the engineering standards. Mr. Mauer had concerns regarding the acceptable distance for the guardrail. Egan moved, Wachter seconded, the motion to continue to the September 5, 1989 City Council meeting the developer's request for a City/County financial participation for the Fairway Hills frontage road along Pilot Knob Road between Camelback Drive and Interlochen Boulevard, to allow the developer to approach the County Commissioners and present its case and to allow staff to analyze the engineering and legal issues. All voted in favor. MULTI FAMILY HOUSING REVENUE BONDS/FOREST RIDGE APARTMENT PROJECT City Administrator Tom Hedges introduced the matter and presented a letter to the Council from Dan Gustafson. He informed the Council that certain improvements were required and that the documents were in order. Dan Gustafson informed the Council he had met with staff and understood the requirements. Councilmember McCrea questioned the percentage which would go into renovation. Mr. Gustafson was unsure of the cost but stated the project was currently losing money. Councilmember McCrea asked if it would lower the rents. Mr. Gustafson replied negatively and explained it was because of the market. He pointed out that the project had provided low income housing and that the interest rate was lower with the tax-free bonds. Mayor Ellison reported that the vacancy rate in Eagan at the present time was 3%. Egan moved, Wachter seconded, the motion to approve the resolution for the re-issuance of Multi Family Housing Revenue Bonds to refinance the Forest Ridge Apartment project, subject to the following conditions: 1. Restain the exterior of all buildings. 2. Replace or repair sidewalk as necessary on Denmark and Duckwood. 3. Bring property up to current landscaping standards for the City of Eagan. 4. Install lawn irrigation system. All voted in favor. Page 21/EAGAN CITY COUNCIL MEETING MINUTES August 1, 1989 SALE OF 1977 CORVETTE Egan moved, McCrea seconded, the motion to approve the sale of the 1977 Corvette that was declared surplus property to the high bidder, Bill Pluta, in the amount of $5,009.00. All voted in favor. BUSINESS, INK. MAGAZINE/EAGAN AD City Administrator Tom Hedges explained the request to the Council and stated that the dollars were available. Mayor Ellison expressed his opinion that the City of Eagan did not need the advertising. Councilmembers Egan and Wachter agreed with the Mayor. Councilmember McCrea felt some advertising was necessary to help the existing businesses. She pointed out that the magazine was not dated and could be used to notify people about Eagan. City Administrator Tom Hedges reported that at the last economic development meeting, the magazine concept was reviewed. Wachter moved, Egan seconded, the motion to deny the request for an advertisement in Business, Ink. magazine. All voted in favor. RESOLUTION RESCINDING WAIVER OF PLAT/LOT 14, TREFFLE ACRES Egan moved, Wachter seconded, the motion to approve a resolution rescinding Document No. 483435, the January 4, 1977, action of the City Council regarding building permits for Lot 14, Treffle Acres. All voted in favor. R-89.41 VISITORS/ARGUS DEVELOPMENT Brian Olson (Director of Land Development - Argus Development) requested two building permits for model homes prior to final plat approval of the Cliff Ridge development. He stated the developer had a good reputation and that the plans had been reviewed by the Building Department and approved. Mayor Ellison asked if the matter was to be heard on the August 15, 1989 City Council agenda. Community Development Director Dale Runkle stated that the August 15, 1989 City Council meeting would be the earliest that the matter could be heard by the Council. He explained the ordinance prohibiting model homes. Councilmember McCrea pointed out that the development would not make the Parade of Homes. Mayor Ellison recommended standing behind the staff's judgment. No action was taken on the matter. VISITORS/ENRON Gary Fuchs informed the Council he was working with Mr. Colbert and Mr. Runkle to reach a compromise regarding the Enron project. He stated the pipeline was an interstate pipeline and that federal regulations required a security fence. He pointed out the Page 22/EAGAN CITY COUNCIL MEETING MINUTES August 1, 1989 ' period of time had expired and suggested a temporary six foot woven wire fence to comply with federal regulations. He reported that the fence would be built in such a fashion to try to comply with the Council but would remove the fencing if Council disapproved. City Administrator Tom Hedges recommended communication with the neighbors to alert them of the conditions. COUNCIL DISCUSSION Community Development Director Dale Runkle referenced the memo regarding the Stratford Oak changes. Public Works Director Tom Colbert informed the Council that the request for proposals for the new water treatment plant was mailed out and asked if there was Council interest in being on a team. Councilmember Wachter requested one extra proposal and stated the Council trusted staff's judgment. City Administrator Tom Hedges explained to the Council his attempts to avoid non-action items such as the Seneca matter. He informed the Council there had been a very strong request to appear at the meeting regarding Seneca. He asked where the item should have appeared on the agenda. He suggested the matter being placed ander "Additional Items". The Council concurred with Mr. Hedges. Councilmember Egan asked if the Seneca minutes were always so detailed. Mr. Hedges said no. City Administrator Tom Hedges reported there had been discussions regarding Rahn Road and the tax capacity. He will update Councilmembers Gustafson and McCrea regarding the matter. City Administrator Tom Hedges indicated that a thank you note had been received from Gene VanOverbeke. City Administrator Tom Hedges explained to the Council that regarding the Al Herrmann presentation, Public Works Director Tom Colbert was responsible for a great deal of infrastructure in the City of Eagan. He stated Mr. Colbert had done a commendable job and that there were no hard feelings amongst the Engineering Department for private engineers. He emphasized that the matter would be researched objectively. Mayor Ellison reported that the Miss Eagan Pageant went well. Councilmember Egan expressed his appreciation of the way the Herrmann issue was handled. He requested some forewarning to the Council for first time issues. Councilmember Egan had concerns regarding the Cedar Grove resurfacing. Mr. Hedges addressed the concerns. Page 23/EAGAN CITY COUNCIL MEETING MINUTES August 1, 1989 CHECKLIST Wachter moved, Egan seconded, the motion to approve the checklist dated August 1, 1989, in the amount of $639,612.12. All voted in favor. and dated July 31,1989, in the amount of $1,609,610.98. ADJOURNMENT McCrea moved, Gustafson seconded, the motion to adjourn the August 1, 1989, City Council meeting at 12:05 p.m. All voted in favor. CITY OF EAGAN WMILI E. VanOverbeke City Clerk